On WRDS, Dec 19, 1991

First published in the Townsend, MA Main Street Trilogy

Throughout the ages, Man has striven to create things of enduring value. And, others have stolen and robbed those chattel goods. However, in the last 30 years, a new kind of crime has become possible. Intellectual property theft is a new problem created by our technology.

There are several kinds of intellectual property that can be stolen. Among them are computer software, Cable TV signals, taping of movies, or music, and books and magazine photocopying.

Intellectual property theft is different from conventional crimes in several ways. First it does not prevent the creator or individual owner from benefiting from the fruits of their labors. If I run a copy of someone else's computer game or word processor, they can still run the program. Also, it can be done quietly. Descrambling HBO at home is far more secretive than mugging someone in the dark. Finally, it seems to be a "victimless" crime. Instead of hurting a real person, the bloated film and music industry is ripped off.

Corporations fight back in several different ways. The first, and most obvious way, is to inconvenience the user. Computer companies "copy protect" their programs, so that an illegal copy will not work. Cable is scrambled. VCR tapes with anti-piracy bars are of inferior quality. However, none of these methods deter the professional crooks -- they have the know-how and equipment to evade these barriers. But the normal user cannot make a backup of their expensive software, watch high-quality video, or use their cable-ready TV and VCR.

A second way that information providers attempt to prevent "theft of services" is by legislative action. The music industry has been trying for years to prevent customers from using Digital Audio Tape technology to record CD-quality music, or failing that, to add a surcharge on blank recording tape that would benefit the recording industry.

A third way to deter information thieves is by pressing criminal charges. While I do not know of Nashoba Cable's practices, cable companies in other parts of the US are prosecuting and winning court cases (or settling out of court for large penalties) against cable pirates. Microsoft and Lotus have successfully sued and won large monetary damages against some large corporations that were buying a single copy of their software, and placing it on every IBM PC in their building. And, some university professors have been told to stop the practice of copying whole chapters from textbooks for distribution to their students.

A final way to prevent robbery is to make it unattractive. The most obvious way is to price the information cheaply. If it cost a great deal more to buy hardware to steal cable than the monthly service fee, few people would bother. Another is to provide added value to registered customers. Some software companies provide telephone help. Or, a music tape includes tangible goods like a poster or tee shirt.

Why is information theft wrong? Even though the original owner retains possession of their goods, they have expended time and money to create and distribute their product to paying customers. A cable company has spent a lot of money in satellite dishes, wires on telephone poles, and customer service activity. Software companies must pay programmer's salaries. Authors deserve money for their books.

What should be done? People should be educated that information theft is not victimless. It eventually hurts the most creative individuals in our society, making it harder for them to continue producing the works we love.