If you live in New York City, I’m sure you’ve seen them before. On the streets of Chinatown, on subway platforms—they’ve got a big sheet spread out or sometimes even a table, covered edge-to-edge with bootleg DVDs of blockbuster movies, many of which are still playing in theatres. Aside from the compromised production value (a friend of mine bought a bootleg of Star Wars: Episode 2 on the street and was disappointed to find he had purchased three hours of the back of somebody’s head), there are also some legal (if not, ethical) issues at play. As the Motion Picture Association of America is eager to tell us, piracy is illegal, and if you download that movie or buy that bootleg, you’re a criminal and, most-likely, a bad person.

Some folks throw caution to the wind and buy that ten dollar copy of Spiderman 3 before it even hits the multiplex. It’s simple economics—why fork over ten bucks for a one time experience, when you can enjoy Tobey Maguire in spandex from the comfort of your living room whenever you like? For others, it’s a political “damn the man” direct action. “Those Hollywood bigwigs are making more than enough. I’m going to buy this DVD and show them.” And some justify their purchase as a form of support for the poor immigrant entrepreneur who’s just trying to survive by selling their wares. What’s a little copyright infringement when there are hungry mouths to feed?

But what if that bootleg you’re buying is more call to action than action flick? I found myself asking this question the other day when I was waiting for the L train and discovered a white dude selling copies of some notable social-justice documentaries out of a cardboard box. The titles included An Inconvenient Truth, The Corporation, Who Killed the Electric Car? and Uncovered: The Whole Truth About the Iraq War. He also had a flat screen TV strapped to his body, playing excerpts from the films, and some catchy signage encouraging people to question authority and “Ask Questions.” So I did.

First I asked him if he was an activist or a businessman. “Are you selling these because you care about the issues, or as a way to make some cash?” An unfair question I admit, but I could hear the faint sound of my L train coming, and I had to cut to the chase. I put on my best skeptical but open-minded face while he explained that he is an activist and he does care, but he is also trying to make a living. I can relate. I’ve spent the last four and a half years making a living through documentary film distribution. But here at Arts Engine, it’s all above board. “So, do you have permission to sell these films?” I asked, wondering smugly if anyone else had dared to ask him the same question. “Well, I contacted all the distributors but only the Inconvenient Truth people got back to me.”

That’s when the train came and my ladyfriend and I were on our way home to Bushwick (a.k.a. East East East Williamsburg). “Can you believe that guy?” I asked her. “I mean, it’s one thing to rip off Steven Spielberg, but bootleg documentaries? Really!” That’s when she reminded me about the “commons” and how it sucks that we have to pay for this kind of content in the first place and “isn’t it important that these films get out there and inspire people to take action?” All good points.

I was reminded of a conversation I had with Rachel Boynton a few months ago about her documentary Our Brand Is Crisis. An inside look at the hijacking of a Bolivian presidential election by American campaign strategists, Rachel explained that bootleg copies of the film were being sold on the streets of La Paz (Bolivia’s capital), and she didn’t mind. “I’m glad people are seeing the film. But would I be cool if copies were being sold in the US? No.” So I know at least one documentarian who’s not too keen on losing DVD sales to bootleggers.

Now I’m not too sure what some of the distributors of the documentaries being sold would say. If indeed the dude had contacted them and gotten no response, maybe their silence means they’re fine with him selling their films. At least two of the distributors, Brave New Films (Uncovered: The Whole Truth About the Iraq War) and Evil Twin Booking (The Corporation), have made a name for themselves bringing high-impact docs to the masses via house parties, public screenings and web streaming. But I know that they also rely on DVD sales as a revenue stream to keep them afloat. Nothing’s black and white.

At the end of the day, I’m not sure if I’m mad at the dude for ripping off filmmakers whom I respect or if I’m jealous that I didn’t think of it first. More than anything, this incident offers yet another example of the moral ambiguity of mixing activism and commerce. As my colleague Rico pointed out, what would be ideal is if filmmakers got foundation or government grants to give away copies of their films. I agree that would be nice. What would be even better is if we lived in a socialist utopia where cultural products like documentary films flowed freely and widely. But until the revolution comes, I think I’ll just add these docs to my Netflix queue.