If you were to ask any student on the street today as to the means by which you are able to download music, chances are that he will be able to name you a myriad of peer-to-peer (P2P) networks where music is easily available in free and unlimited amounts. In contrast, ask any student about his idea of intellectual property (IP) and chances are that he will not be able to name the organizations that are responsible for protecting the IP rights of artistes, for example.

This striking contrast is indeed indicative of the attitudes of students not only in Singapore but also worldwide. In an age where numerous avenues are available by which you can download music, purchase knock-off fashion labels or watch bootleg movies without any regard to the IP rights of the creators of such items, it is much easier to infringe on IP rights than to respect them. When interviewed, various students have pointed to the high costs of originals, the difficulty of paying for online music and the limited content provided by online music stores as the reasons why they choose to download music and movies from illicit sources.

In the light of various enforcement actions taken against illicit downloaders of online content, various responses of students have ranged from outright defiance to fear of possible actions taken against them. Some have stated they will continue to download and even criticised the manner in which the Internet service providers (ISPs) assisted with enforcement actions. Although their attitudes range from fear to outright defiance, one interesting fact is that none have stopped to consider the outright illegality of downloading online content without paying the copyright owners for it. Clearly, students are largely ignorant to the idea of intellectual property and these enforcement actions only serve to make students fear IP rights instead of respecting them.

The lure of free music and knock-off fashion labels that look exactly like the originals but at a fraction of the price undoubtedly are the main factors that influence many to infringe IP rights. As long as IP is associated with high prices, limited availability and intrusive enforcement actions, students are more likely to fear IP rights than to respect them. Unfortunately, in spite of fear for infringement-related liabilities, many may still find ways to circumvent enforcement methods while continuing to download or purchase illegal versions of the originals, especially considering the “IT-savvy” nature of the general population today. The key may lie in cultivating respect for IP rights among the users, a huge ideological leap from the current prohibitive tactic of instilling fear which requires a totally different level of awareness on the part of end-users.

Andrew Teo is a first year law student and an associate editor of the Singapore Law Review. – Juris Illuminae Vol. 3 Issue 2 (November/December 2006)