The NYT’s Ethicist says “Buying a book or a piece of music should be regarded as a license to enjoy it on any platform.” in response to a question about the ethics of downloading an illegal digital copy of a book previously purchased in hardback.
Cohen gets it. Publishers don’t, at least not yet. Here’s the whole bit:
I bought an e-reader for travel and was eager to begin “Under the Dome,” the new Stephen King novel. Unfortunately, the electronic version was not yet available. The publisher apparently withheld it to encourage people to buy the more expensive hardcover. So I did, all 1,074 pages, more than three and a half pounds. Then I found a pirated version online, downloaded it to my e-reader and took it on my trip. I generally disapprove of illegal downloads, but wasn’t this O.K.? C.D., BRIGHTWATERS, N.Y.
An illegal download is — to use an ugly word — illegal. But in this case, it is not unethical. Author and publisher are entitled to be paid for their work, and by purchasing the hardcover, you did so. Your subsequent downloading is akin to buying a CD, then copying it to your iPod.
Buying a book or a piece of music should be regarded as a license to enjoy it on any platform. Sadly, the anachronistic conventions of bookselling and copyright law lag the technology. Thus you’ve violated the publishing company’s legal right to control the distribution of its intellectual property, but you’ve done no harm or so little as to meet my threshold of acceptability.
Unsurprisingly, many in the book business take a harder line. My friend Jamie Raab, the publisher of Grand Central Publishing and an executive vice president of the Hachette Book Group, says: “Anyone who downloads a pirated e-book has, in effect, stolen the intellectual property of an author and publisher. To condone this is to condone theft.”
Yet it is a curious sort of theft that involves actually paying for a book. Publishers do delay the release of e-books to encourage hardcover sales — a process called “windowing” — so it is difficult to see you as piratical for actually buying the book ($35 list price, $20 from Amazon) rather than waiting for the $9.99 Kindle edition.
(There’s more; click through.)