A Pirate's Life for Me

Is it stealing if you acquire something for free because it is the only possible way to acquire it? I would answer affirmatively if the “something” were a tangible physical good. For instance, if one were to take a priceless piece of art that is not for sale to anyone would constitute stealing. However, when it comes to property that is digital, like movies and music such acquisition may not be considered theft.

With the advent of digital music stores like Amazon, Rhapsody, and most notably, iTunes music can purchased instantly. However, access to content is restricted by country and subject to record label control. So even though listeners have a seemingly infinite selection of music from which to download, the availability of content for purchase is not guaranteed. For instance, American users are authorized to preview the UK iTunes store but cannot purchase anything from the store. In a global entertainment economy, most popular music tends to cross borders rather quickly and achievement of global ubiquity of more artists and songs has become increasingly easier. So that brings us back to the question of whether downloading a song for free when it isn’t available for purchase should be considered piracy. The issue also extends beyond downloading content that is confined to a particular country, for instance an artist who has not entered and has no intentions of entering the U.S. entertainment market.

What if we are referring to content created by an artist whose record label has not released content for consumer purchase. Is downloading this content illegal? As iTunes proliferated, the music industry was forced to adapt to a changing environment. The measurement of artists’ success has altered as individual songs from albums became available for purchase. As a result, album sales declined and record labels were faced with solving this dilemma. An initial solution to the drop in album sales was to take advantage of the availability of album track downloads as a means to increase single sales. But, to maximize buzz and sales figures, many record labels released popular artists’ songs to radio but waited extended periods of time before making the single available for purchase. As a result, consumers rushed to purchase songs at the height of popularity. An example of such strategy is Shakira’s “Hips Don’t Lie,” which achieved ubiquity in 2006. (May we PLEASE never hear it again). Shakira’s record label held back the release of the song so as to augment album sales. A consequence of such strategy: it became the best selling single of the 2000s.

Eventually, this strategy was largely abandoned by record labels that adopted the strategy of releasing songs almost immediately so as to prevent illegal downloading by providing content as soon as released to television and radio. Such policies can help prevent illegal downloading by pandering to consumers’ impatience.

But, are we pirates if we take what we are not offered to purchase?