In an attempt to roll back the tide of digital piracy, England’s Parliament recently passed an act designed to disconnect service to households where copyright infringement is taking place. (For background read Brits Fiddle While E-Pirates Dance on Authors’ Graves)

Though it might prove to be an exercise in futility, the law attempts to recognize and punish Internet lawbreakers where it really hurts: clamping their feeding tube. The US government does not seem to consider e-piracy to be worth so much as a shoulder shrug, though illegal downloading of copyrighted musical, literary and artistic content has become as widespread as China’s.

Cory Doctorow, an unrepentent apologist for file sharing – a practice favored by content thieves because it operates just inside the boundaries of the law – believes that Britain’s statute will not fly. In a blog posted on the Guardian‘s website, he contends that customers whose juice is turned off will simply seek other illegal means to download content without having to pay for it. “Those who download most avidly will simply change tactics,” he argues.

Doctorow’s position is based on the assumption that given a choice, people will choose to break the law.  I am far from certain that that at base humans are no damn good. If that were true it would be impossible for legitimate businesses and governments to function.

Of course, obedience to the law must of necessity be reinforced by fear of punishment.  Surely Cory Doctorow doesn’t think there’s anything wrong with that? A healthy respect for the law is the foundation for any worthwhile human endeavor including those that Doctorow himself is engaged in.

A commercial model based on reasonable sanctions seems far preferable to Doctorovian anarchy: faced with the prospect of having their monitor go black, most customers will opt for paid, legitimate service.

It is vital for the sake of our blossoming e-book industry to appeal to the better nature of consumers of digital content – while combating those who flout the law and seduce others to do the same. As for the latter, we will have a lot more to say in due time.

You can read Doctorow’s argument here and decide which side of the angels you choose to be on.

Richard Curtis