On morality: given how widespread the piracy is, we probably shouldn't assert that the moral side of the things is obvious here.
Regarding the law, that's one way to look at that. Another way is that the role of copyright is about to change, and disobeying the law en masse might be one way to help that change.
(Disclaimer: I'm not much of a pirate myself, I have a US iTunes Store account despite living in Russia just to be able to buy music legally. Also I'm earning money by writing software. But being able to copyright music and software is not a given, it's just how things work today, and as the world changes, this concept will also evolve.)
The morality question isn't necessarily obvious, but the pervasiveness of a particular activity has nothing to do with its morality. Was slavery more morally correct when the majority approved of it, or at least looked the other way? Absolutely not.
Actually, it was. You can't judge the morality of practices from the past from your present point of view. You shouldn't be convicted that your morality is absolute and will always be the only correct one.
Not to mention that software piracy is on a completely other level than slavery.
> You can't judge the morality of practices from the past from your present point of view.
Cultural relativism is certainly a valid school of ethical thought — one with which I happen to disagree. On matters like piracy, which is certainly less detrimental to society than slavery was, the consequences for believing what is popular and what is right are relatively low. But to suggest that you can apply this principle across the board, in all situations, is, in my view, absurd.
You're suggesting there that we cannot judge anything that has happened in the past because our views on the matter are now different. But that means we cannot judge ANYTHING that has happened EVER because, by definition, now is different from then.
> You shouldn't be convicted that your morality is absolute and will always be the only correct one.
I'm not. I'm just not convinced that, because a certain activity is widespread, it is therefore morally correct.
What I try to say is that you can't judge both piracy and slavery from your present point of view. I feel that because in the past slavery was commonly accepted, that it was morally justified then. In the same way, given the huge proliferation of piracy, I feel that copyright infringement is somewhat morally justified now. This view might change and in the same way, the morality of piracy might change too. I would take the common views of society as the definition of what is morally justified and what isn't. It is possible you see this in another way and that is fine (and not absurd).
Also, this change in zeitgeist is continuous, not as discrete as you overstate it is. We are perfectly justified to judge what has happened yesterday. Judging what happened during World War II is murkier and judging what happened when slavery was still extant is an almost meaningless activity.
Morals are not natural laws. People did not generally feel guilty or immoral for using slaves until the morals themselves changed. Similarly today with piracy: it doesn't feel morally wrong enough to warrant legal action to the minds of many. There needs to be a larger discussion about what is intellectual property (in fact, whether it exists) in the digital age. Legal experts should be discussing these issues but they seem too occupied with chasing pirates.
If we are going to reduce morality to the way a majority feels about an issue, then in a democratic society, does it make any sense to differentiate between morality and legality? Shouldn't the democratic process eventually result in laws that reflect the morality of the majority? How can you say a law is immoral without taking a vote? For example, if the majority in California voted for Proposition 8, how can it be immoral?
(Note: I believe morals are natural laws. They are just not as easy to discern as physical laws because it is harder for us to be morally neutral observers.)
If we are going to reduce morality to the way a majority feels about an issue, then in a democratic society, does it make any sense to differentiate between morality and legality?
Of course it does, for two reasons: first, there is still a difference between the morality of an individual and of society as a group. Secondly, the fact that society fells something is wrong doesn't mean it has to feel OK with giving the State power to crush it. A good example is Free Speech.
Shouldn't the democratic process eventually result in laws that reflect the morality of the majority?
That would depend on a more pure and direct democracy. But generally they do; when the difference between them becomes too great, people tend to revolt.
But you should remember what I said above: people might feel its wrong to legally punish wrong actions. There's no contradictions in this.
How can you say a law is immoral without taking a vote? For example, if the majority in California voted for Proposition 8, how can it be immoral?
Assuming morality is relative, there's no such thing as an immoral law, because morality is not a property of a thing, but a relationship between a person (or a group of them) and that thing.
So I can say Proposition 8 is immoral, if I find it immoral. Which doesn't mean it's immoral for another person or society in general.
Note: I believe morals are natural laws.
I always found that interesting, because I never found any evidence for that. In what do you base your belief? Or is it pure faith?
Regarding the law, that's one way to look at that. Another way is that the role of copyright is about to change, and disobeying the law en masse might be one way to help that change.
(Disclaimer: I'm not much of a pirate myself, I have a US iTunes Store account despite living in Russia just to be able to buy music legally. Also I'm earning money by writing software. But being able to copyright music and software is not a given, it's just how things work today, and as the world changes, this concept will also evolve.)