Computers and Society Property Issues Page 21 September 1995 Questioning A Given in the Entertainment & Information Industry: Is Freeloading Theft of Services? Joseph S. Ihdda, C.S.E., PhD. New York, NY fu lda@colum bia. edu I. PAY TELEVISION A large number of American homes, recently estimated as over 100,000 in number, are equipped with special antennae, decoders, converters, and other electronic gadgetry capable of receiving the signals from pay television satellites Or earthbound microwave transmitters. Faced with such a large number of potential clients who prefer to freeload, the pay television industry is fighting back. Arguing that the unauthorized reception of their signals is a violation of their property rights, the industry convinced the Federal Communications Commission (FCC) to prohibit such reception. The U.S. Court of Appeals for the Ninth Circuit has upheld the FCC, thus stamping into law the common notion that these freeloaders are "pirates of the air'' or "basement thieves." Looking at the matter on its face, there is ample reason to be suspicious. First, federal courts have not shown overmuch concern for the property rights of corporations, prefemng instead long and learned disquisitions on "the public good" and the exact meaning of a "taking."
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