Fairness in digital sharing legal professional attitudes toward digital piracy and digital commons

Contrary to a popular belief of lawyers having the most strict perception of law, law professionals actually strongly skew toward more favorable views of digital sharing. According to our qualitative study, relying on in-depth interviews with 50 Harvard lawyers, digital piracy is quite acceptable. It is considered fair, especially among friends and for noncommercial purposes. We argue that this not only can indicate that the existing law is becoming outdated because of its inability to be enforced, but also that ethically it is not corresponding to what is considered fair, good service, or being societally beneficial. The common perception of relying on a fixed price for digital content is eroding. We show that on the verges of business, society, and law, there is a potential for the new paradigm of digital commons to emerge.