Let me explain here, as just one example. There was a tv show that was broadcast in the late 2000’s - early 2010’s. About 5-6 years ago, right when I felt nostalgic and wanted to watch it again, the tv show in question was pulled from all major streaming services, and DVDs of the show were not produced (or if they were, I was never able to get my hands on them). The only way that this cartoonish show was watchable for a time was via second-hand archives on YouTube, dailymotion, etc. However, despite the fact that the show was made inaccessible, the copyright holder’s official website states even to this day that the show is copyright, which means that unofficial uploads on YouTube should be in violation of copyright (the YouTube channels were just amateurish accounts and not credible, official accounts, just to be clear). As such, it was ambiguous as to whether the production company was going to lease the rights to the show. Whilst interest in the show has gone now, it did make me wonder: is it ever justifiable (either legally or ethically, or morally) to pirate media that has been completely pulled from circulation despite the original owner maintaining copyright (and therefore ownership) of? Or, is it (legally, ethically or morally) justifiable to pirate media where the copyright status is ambiguous (i.e. you don’t know if anyone owns it) [classic case study I always hear about: British PSAs, icons of 70’s 80’s and 90’s kids childhoods, yet locked behind copyright doors whose keys may lie in the hand of legal ambiguity]

you are viewing a single comment's thread
view the rest of the comments
[–] 1 point 1 day ago* (1 child)

A better and more important real world case is revenge porn. The moral difference should be obvious to people with (y'know) morals, but it's slightly more complex to define from a stricter ethical or especially legal framework. What fundamentally justifies the piracy and unregulated distribution of a show that's been removed from public access vs material that the person may have originally consented to making and showing to others but objects or no longer consents to it being shown to a wider audience? It can't just be the sexual nature in and of itself because what's defined as intimate enough to restrict viewing is highly subject to cultural influence.

  • source
  • parent
  • hideshow 1 child comment
  • [–] 4 points 1 day ago

    Once it was shown and accessible to the public there is a public interest in the copyrighted work as well. It's part of culture, of history, of the public and human system. The copyright and ownership is no longer a singular concept but stands in relation and potentially in conflict with the public interest.

    Some jurisdictions explicitly allow archiving as exceptions to copyright. Museums and archive.org can conditionally evade copyright, for example.

    On revenge porn, the persons autonomy, self determination, bodily safety and honor, and psyche is a high good and significance that must be protected. This right is much more significant than any "public interest", which is less prominent to other works anyway, because "revenge porn" has no artistic and constructive value as a creative or cultural work.

  • source
  • parent