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Volume 15, No.1 Maret 2011
Wagner and Sanders 200 investigated the relationship between religion and a theoretical ethical decision making process that an individual uses when evaluating ethical or unethical situations. An ethical decision making
model was studied for general unethical scenarios and for the unethical behavior of digital media piracy. The study of analyzing consumer’s willingness to pay for non-pirated consumer digital media and examined how attitudes
toward intellectual property rights and perceived risk affect willingness to pay was also explored Hsu Shiue, 2008; Chiu, Hsieh, Wang, 2008; Chiou, Huang, Lee, 2005. This study showed that social norms had positive
inluences on willingness to pay for digital media products. Moreover, prior research on digital media piracy has focused primarily on the effects of macro e.g., social, economic, and industrial conditions on piracy behavior
Banerjee, Khalid, Sturm, 2005; Easley, 2005, or the strategies companies can use to control piracy d’Astous, Colbert, Montpetit, 2005.
Studies have shown that ethical behavior vary in accordance with consumer demographics such as gender, age, and educational attainment Tan, 2002; Sims, Cheng, Hildy, 1996. It was found that age, educational
attainment, gender, and economic background are signiicantly correlated with their attitude towards digital media piracy.
2.2. Legal Awareness
Legal enforcement takes against pirates including anti pirating regulations or laws Bush, Bloch, Dawson, 989. The concept of fair use remains one of the most important and least understood aspects of copyright law; it
states that users must have a clear understanding of what constitutes the fair use of digital media program, digitized imaged and computerized text.
A local digital media maker has urged the authorities to increase the ight against piracy with consistent legal action. The cyber crime law would not make any difference without strict law enforcement by the police. The
protection against intellectual property rights violations has to be enforced. The police with digital media makers have to take strict legal action against digital media pirates and give direct education about piracy to end-user,
and send notiication about cheap digital media to small and home companies; as well as free training for small industries. The legal enforcement also includes increasing awareness among local consumers on the need to buy
original digital media products because it is expected to help salvage the future of local digital media companies and related small businesses. When people buy the original products, they will not only get the full package, but
they will change their work attitude, because they will try harder to protect their personal computer data more carefully from virus and damage.
Previous research suggests an inverse relationship between the perceived severity of punishment and willingness to by illicit goods Chiu, Hsieh, Wang, 2008. Therefore, legal actions might force consumer intentions
to buy legal digital media. Customers would not buy pirated material if they are afraid of being caught by the police. Furthermore, if a person considers an act morally unacceptable, he or she will take it into account when making a
decision regarding that act Tan, 2002 which should enhance his or her purchase willingness to buy legal digital media.
2.3. Moral Judgment
Moral judgment can be used to understand ethics behavior. It is also used in ethics research to predict and analysis ethical judgment and attitude. This factor is deined as the way a person reasons when faced with an
ethical dilemma Kohlberg in Al-Rafee Cronan, 2006. Tan 2002 used moral judgment as a factor inluencing ethical decision making towards buying pirated digital media. According to Kohlberg in Al-Rafee Cronan, 2006,
individuals reasons out moral situation differently in accordance with levels of moral reasoning-pre conventional morality avoiding punishment or getting caught, conventional morality conforming to social beliefs, abiding
by laws and regulations, caring what others feel about them, and post-conventional morality guided toward conformity to shared standards and duties other than authorities, principles are dominant. Individual characteristic
such as religion and the ethical issue under consideration are expected to affect the ethical evaluation that an
Illegal Digital Media Usage: Based on Moral Judgment and Legal Awareness Iin Mayasari dan Dikara Barcah
5 individual goes through based on their underlying ethical philosophies and cognition level of moral development.
The evaluation stage involves an individual evaluating or determining the rightness or wrongness of aspects of a particular issue. The individual considers aspects of alternatives of the issue such as whether they deem them to
be just or unjust, acceptable to themselves or to others, conforming to society and government. Ethical evaluations result and judgment is the determination of action as being ethical or not ethical.
Jones 99 proposed an issue contingent model which held that ethical decisions are primarily contingent on the characteristics of the issue. Furthermore, the higher one’s level of moral judgment, the less likely that one
will approve of engaging in authorized piracy. The concept of moral intensity is multidimensional. Its components include: 1 magnitude of consequences which is deined as the aggregated harm done to victims of the moral
act in question, 2 social consensus, described as the level of social agreement about the goodness or evil of a proposed act, 3 the probability of effect, deined as a joint function of the likelihood of occurrence of an act and the
expected consequences of an act, 4 temporal immediacy, deined as the length of time between the act and its ethical consequences, 5 proximity, which taps the feeling of nearness social, cultural, psychological or physical
that the moral agent has for victims of the evil act in question, and 6 concentration of effect the degree to which costs or beneits of the act apply to only a few people.
According to Kohlberg in Al-Rafee Cronan, 2006, individuals with high in moral judgment would examine their action and compare them to the goodness of the society. Then, it can be concluded that they are having ethical
values. Based on that, the higher an individual’s moral judgment, the lower their attitude towards digital piracy will be.
Figure 1. The conceptual of Research Model
3. Research Method 3.1. Unit Analysis
