Purpose The purpose of this study is to understand the nature and characteristics of legal movie download services and to explore the factors that influence user acceptance of the services. Design/methodology/approach The authors analyzed the three aspects of legal movie download services and empirically examined how they affect the potential users’ behavioral intent to adopt the services based on the theory of reasoned action. An online survey of 142 respondents about a real legal movie download services, currently operated by a (...) major online service provider, was conducted. Findings Perceived playfulness and perceived usefulness had statistically significant effects on attitude. The relationships between subjective norms and its influencers are validated for moral judgment as well as risk aversion. The influence of price consciousness and past experience on behavioral intent to adopt the service are both supported. In the TRA model, attitude and subjective norms had statistically significant influence on behavioral intent to adopt the services. Originality/value The authors contribute to extending the literature on online pirating behavior from the different perspective, i.e. adoption of new legal alternatives. The study shows that the specific boundary conditions, i.e. hedonic attribute of information systems and existence of illegal alternatives, would generate the different results from the theories and previous literature. (shrink)

Illegally downloading music through peer-topeer networks has persisted in spite of legal action to deter the behavior. This study examines the individual characteristics of downloaders which could explain why they are not dissuaded by messages that downloading is illegal. We compared downloaders to non-downloaders and examined whether downloaders were characterized by less ethical concern, engagement in illegal behavior, and a propensity toward stealing a CD from a music store under varying levels of risk. We also examined whether downloading or individual (...) characteristics of downloaders were similar for men and women. Findings revealed downloading was prevalent (74.5% of the student sample downloaded), men and women were equally likely to download and the factors characterizing downloading were similar for men and women. The comparison between downloaders and nondownloaders revealed downloaders were less concerned with the law, demonstrated by less ethical concern and engagement in other illegal behaviors. Downloaders were also more likely to indicate that they would steal a CD when there was no risk of being caught. Given these results, messages regarding illegality are unlikely to perturb downloaders and alternative recommendations are offered for targeting illegal downloading. (shrink)

This paper argues that intellectual property rights are incompatible with Rawls’s principles of justice. This conclusion is based upon an analysis of the social stratification that emerges as a result of the patent mechanism which defines a marginalized group and ensure that its members remain alienated from the rights, benefits, and freedoms afforded by the patent product. This stratification is further complicated, so I argue, by the copyright mechanism that restricts and redistributes those rights already distributed by means of the (...) patent mechanism. I argue that the positions of privilege established through both the patent and the copyright mechanisms are positions that do not “allow the most extensive liberty compatible with a like liberty for all.” They do not “benefit the least advantaged.” Nor are they “open to all under conditions of fair equality of opportunity.” In making this argument I critically assess the utilitarian defense of intellectual property rights and find it insufficient to respond to the injustices manifest in our current arrangement for the protection of intellectual property rights. (shrink)

The article uses conceptual metaphor theory to analyse how the concept of “copy” in copyright law is expanding in a digital society to cover more phenomena than originally intended. For this purpose, the legally accepted model for valuing media files in the case against The Pirate Bay (TPB) is used in the analysis. When four men behind TPB were convicted in the District Court of Stockholm, Sweden, on 17 April 2009, to many, it marked a victory over online piracy for (...) the American and Swedish media corporations. The convicted men were jointly liable for the damages of roughly EUR 3.5 million. But how do you calculate damages of file sharing? For example, what is the value of a copy? The article uses a model for valuating files in monetary numbers, suggested by the American plaintiffs and sanctioned by the District Court in the case against the BitTorrent site TPB, in order to calculate the total value of an entire, and in this anonymous other, BitTorrent site. These calculated hypothetical figures are huge—EUR 53 billion—and grow click by click which, on its face, questions some of the key assumptions in the copy-by-copy valuation that are sprung from analogue conceptions of reality, and transferred into a digital context. This signals a (legal) conceptual expansion of the meaning of “copy” in copyright that does not seem to fit with how the phenomenon is conceptualised by the younger generation of media consumers. (shrink)

This paper focuses on segmenting digital movie and TV series pirates and on investigating the effectiveness of piracy-combatting measures i.e., legal and educational strategies, in light of these segments. To address these research objectives, two online studies were conducted. First, 1277 valid responses were gathered with an online survey. Four pirate segments were found based on differing combinations of attitude toward piracy, ethical evaluation of piracy and feelings of guilt. The anti-pirate, conflicted pirate, cavalier pirate, and die-hard pirate can be (...) placed on a continuum of increasing pirating frequency, subjective norm, pirating self-efficacy, habit, and decreasing in perceived harm, respectively. The segments also differ in deontological and teleological orientations. Second, in an experimental mixed design, we find that the educational strategy is more effective than the legal strategy in lowering pirating intentions for the conflicted and cavalier pirate. However, both strategies fail at lowering intentions of the die-hard pirate, although perceived harm and perceived impunity were significantly influenced. These findings offer a more profound understanding of pirate segments and how they react differently to piracy-combatting measures. As a result, better strategies can be developed to control digital piracy. (shrink)

Individuals are downloading copyrighted materials at escalating rates (Hill 2007; Siwek 2007). Since most materials shared within these networks are copyrighted works, providing, exchanging, or downloading files is considered to be piracy and a violation of intellectual property rights (Shang et al. 2008). Previous research indicates that personal moral philosophies rooted in moral absolutism together with social context may impact decision making in ethical dilemmas; however, it is yet unclear which motivations and norms contextually impact moral awareness in a peer-to-peer (...) (P2P) file sharing context (Shang et al. 2008). In sum, factors affecting the decision to share copyrighted material require further clarification and investigation (Shang et al. 2008). The purpose of this study was to use a consumer-based scenario and multiple ethics measures to explore how idealism, formalism, and perceived social consensus impact users’ propensity to recognize that the sharing of copyrighted media through P2P networks was an ethical issue and their subsequent ethical intentions. Results showed that high levels of idealism and formalism were associated with an increased recognition that file sharing was an ethical issue, but neither construct had a direct effect on ethical intention. Strong social consensus among respondents that other people consider file sharing to be unethical was also positively related to the recognition that file sharing was an ethical issue, and ethical recognition was a moderate predictor of intention not to engage in file sharing. Finally, a post hoc mediation analysis indicated that idealism, formalism, and social consensus operated through recognition of an ethical issue to impact ethical intention (indirect-only mediation). (shrink)