Protecting copyright - Wild west ethics harm reputation

ONE of the barbs that struck most deeply at our international reputation and self-image was the description of Ireland, by the New York Times, as the wild west of European finance.

Though we may have bristled with indignation at the time, history has confirmed that the description was a lot less scathing than it could have been. By now that indignation has surely turned to regret.

Yesterday Paul McGuinness, the manager of U2, recycled the metaphor but in a different context. In the light of Mr Justice Peter Charleton’s High Court ruling related to music downloading, Mr McGuinness warned that unless Government properly amends the Copyright and Related Rights Acts (2000) to give force to European directives, Ireland could become known as the wild west of the European music industry.

Mr McGuinness’ warning came days after the High Court concluded that it did not have the power to force internet service providers (ISPs) to deny internet access to people who share copyrighted music online on a regular basis. It must be assumed that the same position applies to those sharing film.

Though it is dispiriting to record another failure to properly implement legislation, it is not surprising. It also contributes to the feeling that Ireland is a place where laws are put in place to create an impression rather than confront a difficulty or protect a right.

Irrespective of the issue, be it honouring copyright legislation or integrity in financial services, we cannot afford to have a reputation that is in any way questionable. Unless international business can believe that this is a safe place to do business, a place where intellectual property rights are respected, then we can forget about so many of the hopes we’ve hung on the mercurial knowledge-based economy.

Not too many of us would rush to man the barricades to protect the property rights of multi-millionaire rock stars but illegal file sharing has its greatest impact at a far less lucrative level. It may not be comfortable to acknowledge it but illegal downloading — theft by any other name — has had a profound impact on everyone in the music and film industries because the idea of taking another’s work without payment has almost become the norm.

Already Communications Minister Eamon Ryan has said that he is committed to finding a solution, but, his spokesman said, there was a “fine balancing act” between freedom of access to the internet and the rights of music artists and record companies.

The recording companies have already wheeled out their big guns on the issue and lost. On the other side, huge numbers of music lovers have become so used to free downloading it is difficult to see how the impasse can be easily resolved.

What is most discomfiting about all of this is that it again points to our vagueness on ethical behaviour, the very vagueness that has destroyed our economy and divided our society. It’s a simple enough question really: why do we imagine that we can download something without paying for it? Why do we pretend that it’s not wrong, that it’s not a form of piracy?

In reality this is not about music, it’s about whether this is an honest country or not.