File Sharing in Britain

Virtual Law@LSE writes that BT, Virgin, Orange, Tiscali, BSkyB and Carphone Warehouse have all signed up to the Government’s new Memorandum of Understanding (MoU) on File Sharing. [BBC, Guardian, Telegraph]

The MOU means that the companies have to work to create a “significant reduction” in illegal filesharing. This may sound easy enough but spying on customers and accusing them of violating copyright law is not really good business – especially for companies whose business it is to sell faster (and more expensive) broadband. The ISP’s have in the MoU agreed to send out “informative letters” to customers whose accounts have been identified as being used for potential file sharing. But as Virtual Law@LSE writes:

It would appear many thousands of people will get letters from their ISPs telling them that the BPI has identified them as potentially being in breach of copyright. The ISPs should be careful here in terms of customer relations. It is never a good idea to tell a customer of your that someone believes them to be a copyright infringer. It will (a) suggest you are snooping on them (which to an extent is true), (b) suggests you are entitled to lecture them on their activities online and (c) suggests you are serving the interests of the BPI not their own customers.

In order to be able to send the letters to suspected file sharers the ISP’s must either monitor all data traffic or only monitor those who use unusually high amounts of broadband. Either way the ISP’s are uncomfortably close to violating peoples privacy. Maybe not in a legal sense and maybe they are acting within the limitations of their customer contracts but still tantamount to surveillence and a violation of privacy.

It is also a form of privatized regulation through technology which sits uncomfortably with the potential freedom that the technology enables…

The concept of property (whose bike is it anyway?)

Property is not an absolute concept. The concept of what property means changes both in time and culture. Different groups and sub-groups value their own property and the property of others. Naturally this makes the definition of property difficult. Roman (Justinian) Law defined property as the right to use and abuse a thing, within the limits of the law (ius utendi et abutendi re sua, quatenus iuris ratio patitur).

That is a formalistic definition since it requires limitations to be set within the law. But if we replace the law with the limits set by society then the definition is more fluid but harder to limit.

In recent time the discussion of property has been discussed in relation to the legal, ethical and economic discussions on file sharing. A fundamental part of this discussion has been on the basic idea of digital property and whether copying digital products should be a wrongful act – this is not resolved yet with different subgroups still arguing their standpoints using law and technology to prove their point.

All this is good and well but today I got a more practical lesson in the meaning of property within different social sub-groups.

While browsing in a clothes shop my friends locked bike was stolen just outside the store. My less attractive unlocked bike was left behind. Fortunately we searched the area and found the bike. The thief had lifted the bike and hid it in a nearby ally – apparently planning to come back later to remove the lock.

Part of the experience of living in Göteborg is getting your bike stolen. Most of us have lost more than one. Some people argue that they have lost so many bikes that they actually deserve to “borrow” (a.k.a. steal) a bike when they need one. This means that there is an erosion of the concept of property in relation to bikes.

I know that this is a silly argument but the bike thing really pissed me off.