Reuben Binns

Researching Personal Data

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Photo courtesy of flickr user AudreyH (CC-BY-NC-SA)

This is a follow-up to my last post, in which I argue that one of the copyright industry’s favourite arguments against digital piracy can be generalised to other ways of consuming media – including watching ad-supported content whilst ignoring the ads.

Some of the main objections from those who read the piece include (I hope I’m faithfully representing them here):

Advertisers know and expect that many people will ignore their adverts, so there’s no obligation to watch/click on them. My answer is that the same thing could be said about the copyright industries, who know and expect that their content will be copied in a variety of infringing ways by many people. They take this risk, hoping that enough people will pay to make their investment worthwhile.

If there aren’t enough people clicking on adverts to sustain the future creation of the content, it doesn’t matter because publishers and/or advertisers will change their business models to support future content. Again, the same can be said about the copyright model; it doesn’t matter if there aren’t enough people paying for their material legitimately through current channels, because content providers (whether artists themselves or their publishers) will eventually change their business models. And in fact, this is already happening. This heartening industry report from the folks at TechDirt charts the growth of alternative business models for the creative industries, which have nothing to do with copyright enforcement.

I certainly didn’t mean to imply that ignoring adverts is legally equivalent to digital piracy. I agree that legally/contractually speaking, copyright owners have every right to prosecute digital pirates, while no-one has such right with regards to ‘advert ignorers’. But the free-rider argument deployed by the copyright industries is a moral argument, the purpose of which is to convince us that copyright law as it stands is worth adhering to. It’s no good claiming that piracy is different to ignoring adverts because there are pre-existing laws and expectations regarding piracy, but different laws/expectations regarding ignoring adverts. Such an argument has no force against digital pirates, who we can assume have very different expectations and don’t believe in the laws as they currently stand. What they need is a independent reason to pay for content via legitimate channels – and the main one offered so far (the free-rider argument) unfortunately generalises to another, seemingly innocent, practice; ignoring adverts.

Finally, it was suggested that the free-rider argument could be given either a consequentialist or a ‘contractualist’ interpretation, and the latter might not generalise to advert-ignorers. I think there is an important distinction between contractualism as ethical theory and as legal theory. The first could serve as a sound justification for the law, while the second is merely a description of the law and fails to have independent moral force against pirates for the same reasons outlined above. Perhaps you could have a moral defence of copyright in contractualist terms, but that would be a different argument and certainly not something that copyright defenders routinely appeal to.

Finally, @oliverbills brough up the history and future of automatically blocking adverts in the browser, noting how pop-up ads were killed by browser plugins, only to be replaced by something else. It certainly does seem like an arms race which is likely to continue for a long while yet. The better we (or our browsers) get at ignoring/ blocking adverts out, the better they will get at attracting our attention and circumventing browser plugins. The one form of advertising I can think of which is immune to this is product placement in films. I don’t imagine we’ll see a plugin capable of blocking out, say, Tom Cruise’s RayBan sunglasses in Risky Business any time soon.

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