The Committee to Nuke Elysium

But copyright’s problem is that most of the copyists cheerfully admit that they copy. The majority of American Internet users engage in infringing file-sharing. If file-sharing were stamped out tomorrow, they’d swap the same files — and more — by trading hard drives, or thumb drives, or memory cards (and more data would change hands, albeit more slowly).

Copyists either know that they infringe but don’t care, or they believe that the law can’t possible criminalize what they’re doing and assume that it punishes more egregious forms of copying, such as selling pirate DVDs in the street. In fact, copyright law penalizes selling DVDs at a much lower level than sharing the same movies over the Internet for free, and the risk of buying one of these DVDs is much lower (thanks to the high costs of enforcement against people making transactions in the real world) than the risk of downloading them online.

Indeed, copyists are busily building an elaborate ethos of what can and can’t be shared, and with whom, and under what circumstances. They join private sharing circles, argue norms among themselves, and in word and deed create a plethora of “para-copyrights” that reflect a cultural understanding of what they’re meant to be doing.