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Originally Posted by Prof
Why does it matter that filesharing has no impact on CD sales? It's still illegal, so don't do it.
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Laws are not
a priori good.
Law, at the best of times, are mere words on paper that attempt to crudely analog the contemporary ethics of society. At worst, they are words on paper put in by the rich and powerful to suit their own needs. Current copyright laws with their near-infinite expiry dates, IMO, are really more about the latter.
If, as many suspect, file sharing does little harm, or even is a net benefit to the big companies, then the ethical justification of the law disappears.
Every company believes that people will buy their products if only they couldn't just download it for free. This is hardly the case. That's as unreasonable as a one-way lover who believes if only she got her target's girlfriend out of the way, she can get her target.
As a follower of utilitarian ethics, I believe copyright laws should be the
absolute minimum that will satisfy the utilitatarian purpose of securing a reasonable (not blatant) profit for creators so they will be motivated to create for the greater good of society, and it should be balanced against the free flow of information.
For example, instead of lasting 50 years after the creator dies, a copyright might last for only 1-2 years after release. There will still be plenty of people who would want the latest thing and thus the creators should still get a healthy profit, but after that, it is up for free distribution.