Respecting Digital Property

In the landmark essay "Selling Wine Without Bottles, The Economy of Mind on the Global Net", written in 1992-1993 (http://www.virtualschool.edu/mon/ElectronicFrontier/WineWithoutBottles.html), John Barlow anticipates and lays out the fundamental intellectual property issues that plague our current digital world. Barlow eloquently and precisely frames the core questions:

"If our property can be infinitely reproduced and instantaneously distributed all over the planet without cost, without our knowledge, without its even leaving our possession, how can we protect it? How are we going to get paid for the work we do with our minds? And, if we can't get paid, what will assure the continued creation and distribution of such work?

Barlow concludes his insightful essay with an assertion that has clearly come to pass:

"Cryptography...is the "material" from which the walls, boundaries--and bottles--of Cyberspace will be fashioned."

Barlow also anticipated the rise of Arxan Technologies (and other similar companies)) when he stated that:

"Cryptography will enable a lot of protection technologies which will develop rapidly in the obsessive competition which has always existed between lock-makers and lock-breakers."

We here at Arxan can certainly attest to the "obsessive competition" as we engage in virtual and digital hand to hand combat with the crackers striving to steal our customer's software and/or data.

The fascinating point Barlow made in 1993 that I'd like to explore today is the following:

"A social over-reliance on protection by barricades rather than conscience will eventually wither the latter by turning intrusion and theft into a sport, rather than a crime. This is already occurring in the digital domain as is evident in the activities of computer crackers."

Let's turn now to some recent news about the movie Avatar and it's release on Blu Ray disc. This release was protected using a technology called BD+. Unfortunately, the cracking community managed to procure (read "steal") an early copy, successfully cracked the protection, and published the movie through bit torrent sites. Here's a fascinating "news" report on the availability of the movie "for free" as a torrent download (which occured within a day or two of the public release of the blu ray disks for purchase):

http://torrentfreak.com/avatar-most-pirated-blu-ray-film-ever-100427/

So within a matter of just a few weeks, Avatar has become the most pirated movie ever.

What does it require for this to occur? It requires exactly what Barlow predicted: a withering of basic personal ethics of property ownership at the individual level. We now have a culture where people view the casual theft of intellectual property as completely acceptable. The heart of it seems to be a vast difference in perspective in people's minds and ethics between a physical object and a digital object.

What drives this difference in perspective and behavior? Is it the removal of risk of "getting caught stealing"? I personally believe this is a significant enabling factor, yet not the fundamental driver of this widespread contagion of theft. I believe it is a subtle, and simple. People fundamentally do not view creation of a (perfect) copy of something as theft. Morals are still wrapped around the physical-ness of goods and physical-ness of possession. Stealing means taking something so that I have it and you no longer have it. This notion of physical theft being "wrong" is deeply rooted in most individual's ethical system. Hence, most people (including those illegally downloading Avatar) would not steal the Avatar blu ray disk from a store, even if they knew they could do so without risk of being caught. They would be taking a "real thing" that belongs to another (the store), and that violates their sense of morals and ethics. But download the same movie for free? Hey, no one has been ripped off! No one has "lost" anything! So "it isn't theft". And besides, if it's wrong (illegal) to download it for free, it wouldn't be available on the network for free would it? Once again, "it must not be theft". Of course, this entire line of thinking is dead wrong. Every aspect of it's free availability is illegal, and access of this stolen property is itself theft.

So while I and my colleagues toil and sweat to provide the "digital locks" that will help prevent (or perhaps more realistically, deferred for a longer period of time) the cracking of the high value digital content in our world, I think it's paramount that we as a society strive to re-tool our ethics and attitudes. This battle must be fought on all fronts, not purely a technology front. How does this kind of change occur? Simple: it changes when you and I put simple social pressure on our family and friends regarding this kind of theft. "Come watch Avatar tonight at my place?" "Hey yea; you got it on Blu Ray?" "Yea, I downloaded it last night, it's awesome." "Oh...well, hey, that's theft and it's wrong, I'm sorry, I can't watch that with you." For me, it's takes the form of remonstrating with my son when he tells me of a friend who is downloading this or that PC video game for free: "that's wrong son, it is theft, and you are not allowed to do the same nor are you allowed to play his stolen games".

Social pressure is that simple and I believe it can be very effective at evolving and shaping attitudes and behaviors. It's really up to us to drive change in our culture to respect these new forms of property. Just because the wine is available for the sipping because it's outside the old bottles, doesn't mean it's right to open our mouth and gulp...without compensating those who made that wine.