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Software Industry Shifting Piracy Strategy

Sensible Clod writes "The U.S. software industry's strategy against global software piracy is shifting to focus on claimed economic benefits of copyright protection in response to a new study released by the BSA, according to an article at Internet News. The study concluded that countries with high software piracy rates have more to gain economically by protecting intellectual property rights. The study even claims potential global gains of '2.4 million new jobs, $400 billion in economic growth and $67 billion in new tax revenues' by cutting the current global software piracy rate of 35% by 10%."

29 of 305 comments (clear)

  1. Software Piracy Rate? by croddy · · Score: 4, Insightful

    What on earth is the "rate" of software piracy? This sounds awfully like more mystical math from an industry with a lot of motivation to deceive.

    1. Re:Software Piracy Rate? by CastrTroy · · Score: 4, Informative

      I think what they think it means is the number of programs on computers, that aren't paid for, vs. the number that are paid for. This doesn't make a lot of sense though. Most people I know have photoshop installed. If they couldn't pirate it, they wouldn't have it. Simple as that. They aren't going to pay $700 for it. Same goes for many other programs that people tend to have installed at home. This includes windows and MS Office. Many people have MS Office Pro installed on their home computers. Very few of them have paid for it. 35%, I think, is the world average. Some countries have rates around 90%, while other countries have rates around 15%. Really, I think they are completely underestimating how much pirated software people have . Lots of people who have paid for the OS, and maybe 3 or 4 other programs, also have 20 programs that they haven't paid form. Meaning that out of maybe 25 programs, they've probably paid for 5. This means they are pirating 80% of their software.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    2. Re:Software Piracy Rate? by Sique · · Score: 5, Insightful

      If they wouldn't pirate Photoshop, they would use GIMP, and complain about missing features, some of them would start scratching the itch and bringing GIMP on par with Photoshop, KPT would be recoded from scratch for GIMP, and finally even professional graphic shops would switch to GIMP and save the $700. So in the end no one would ever buy Photoshop, and the coders of Photoshop would be out of work and unpaid. Basicly piracy is the last thing that keeps Free Software from world domination.

      --
      .sig: Sique *sigh*
    3. Re:Software Piracy Rate? by slackmaster2000 · · Score: 3, Insightful

      Maybe I'm completely misunderstanding you...

      Are you trying to say that a software program is analogous to the result of a mathematical equation? If I know that the answer to X+10=20 is "10", and I make you pay me to tell you the answer, and don't allow you to tell anybody else, then I am restricting the flow of information. But, as far as I know there is no equation for which the answer would be the machine code for a word processing program. Software is not information. Software is a tool that is the result of information, and is often used to produce information. Difference.

      RedHat makes money by intentionally holding back information about what is essentially free software. I don't see how that bolsters your argument.

      And the fact that duplicating software is virtually free does not imply that the software itself should be free. Producing and maintaining software is costly.

      I'm thankful that there are people out there who are willing to give their time and energy to produce free software tools, but that doesn't necessarily mean that I think that others should have the same philosophy. I do think that the big software guys are charging way too much money for some of their basic products. I'd like to see more full-featured home applications with sub $100 price tags...and not watered down "here's every feature you need except that ONE thing" versions.

    4. Re:Software Piracy Rate? by grcumb · · Score: 4, Interesting

      "Basicly piracy is the last thing that keeps Free Software from world domination."

      And that is precisely why I oppose software 'piracy'. I live in a country where I can buy any software I want for less than 20 bucks at the local CD store. The parliament here has yet to ratify the Berne Conventions on copyright, so we exist in a sort of a grey zone. There's no legal reason to respect software EULAs.

      But the use of proprietary software has created many other difficulties, not the least of which is a cargo-cult mentality. Software is not something that one configures or, heaven forfend, writes; it's something you go down to the store to buy. If something goes wrong with it, you just buy something better. If there's nothing there that does what you want... well then, software can't do that.

      That's all well and good as far as it goes, but it does absolutely nothing to develop the local economy, improve educational opportunities, or to impress on people just what kind of amazing things they could be doing with software in this country. This place is poor in resources, but doesn't lack for smart people. The only way people here will ever find really well-paid work is to sell their skills overseas, and the only way they can do that is to leverage the Internet, and the only way they can do that is if they understand the software, and the only way they can do that is if they wean themselves from the proprietary tit.

      Free Software costs time and effort, and will always be more expensive (though ultimately more valuable) than pirated software.

      --
      Crumb's Corollary: Never bring a knife to a bun fight.
    5. Re:Software Piracy Rate? by laughingcoyote · · Score: 5, Insightful

      Actually, the BSA has a very interesting way of doing it. Decide on the accuracy for yourself.

      In effect, they take the total number of computers sold, decide what percentage of those computers "should" be running a given piece of proprietary software, then look at the number of copies sold. The discrepancy between these numbers is the "piracy rate". This type of statistic-making in essence ignores free software/OS's, other types of freeware, "home-rolled" alternatives written by the user themself, and the like. (So, despite the fact that I'm in full compliance with my OS's license by downloading and installing it for free-according to the BSA, I've got a pirated OS!)

      --
      To fight the war on terror, stop being afraid.
    6. Re:Software Piracy Rate? by Dashing+Leech · · Score: 3, Insightful
      "...and the coders of Photoshop would be out of work and unpaid"

      This is the problem with many economic "beliefs". They are limited in scope. Companies that pay for Photoshop now would get a free (new and improved) GIMP and have lower overhead costs, which allows them to charge less or hire more. The people who pay less for their services also save money so have more to do things with. And so on, and so on. Not to mention that there'd be more people that could or would learn it, start companies, and so on and so on.

      It's such a highly non-linear feedback driven system. Simple analysis won't do.

    7. Re:Software Piracy Rate? by werewolf1031 · · Score: 3, Insightful

      If they wouldn't pirate Photoshop, they would use GIMP, and complain about missing features, some of them would start scratching the itch and bringing GIMP on par with Photoshop...

      You're assuming that most users of Photoshop have the coding skills necessary to make useful contributions to FOSS apps like GIMP, which is simply not the case. Remember, in this particular example you're talking about artists, not programmers. Most graphic artists I know wouldn't know how to write code if their life depended on it, but that's ok -- writing code is not what they do. They're artists, not programmers.

      Now, to zoom out a bit more and look at the broader picture, the vast majority of PC users dont' know the first thing about programming. Whether you're talking about "regular folks" like my sister, who just wants to be able to email, surf the web, and download music (that's a different rant, let's not get off-topic), or professionals who do graphic design, web-site design, etc., keep in mind that most of them are not programmers. They want tools (software) that let's them do their job, and that's pretty much it. Many of them are not the "roll your own" type, nor are they willing to -- let alone capable of -- making modifications to FOSS software that they may be using.

      Programmers create software; everyone else uses software. The proportionate discrepancy between coders and users will always be larger in favor of users, and there's nothing inherantly wrong with that. You can't realistically expect every end-user to have the skills to make code-level modifications to their software, and as long as most users lack these skills, piracy will continue unabated, Photoshop will continue to be the default graphic-artistry app, and GIMP will never get its day in the sun.

      Sad, but true.

  2. hmm by Turn-X+Alphonse · · Score: 4, Insightful

    I'd love to know how software piracy hurts software vendors without spin put on it. Lately I tried a rom of Final fantasy Tactics Advance. On Monday I'll be going into the local game shop to purchase it. I've done this countless times on games I wouldn't have played other wise. So for every game I randomly downloaded and enjoyed I've added a sale. For every game I've downloaded and didn't like I've not taken anything away.. are these figures ever taken into account? No, because if people admit piracy just about balances out or may even help a company they'd have to stop using rootkits and DRM to take away your basic right to copy things for self use.

    --
    I like muppets.
    1. Re:hmm by Skreems · · Score: 4, Insightful

      Ok, but do you have studies to back that 80%? Or are you just guessing?

      That's the problem the grandparent and others have with this whole thing, is we know some people use piracy to benefit everyone, and some just steal, but nobody REALLY knows how many do which.

      --
      Slashdot needs a "-1, Wrong" moderation option.
      The Urban Hippie
    2. Re:hmm by Turn-X+Alphonse · · Score: 3, Insightful

      I have that exact same urge though "screw it I have it, who cares about them". I have very limited money so what I buy really does matter to me. Games these days have become so short in most cases they arn't worth the price tag, you almost need to try them just to make sure it's not an hour or 2 long.

      I understand supporting authors and I do as much as I can. Some times it's by buying merchandise and not the main product (in the case of anime fansubbed, since I don't wish to support the company who do vile English tracks). I also get that some people won't pay for stuff, but can you count these as lost sales since they never would of bought it in the first place?

      --
      I like muppets.
    3. Re:hmm by Gonoff · · Score: 4, Insightful

      So how does it take money from them if someone makes a copy of their software? They will not get any money from this person under any circumstances. If they can't steal a copy, they certainly will not buy one.

      As people here say so often, "piracy" can actually help producers. Someone copies a few games from company X. Eventually they may actually buy one. Why didn't they get it from company Y? Because they know that this lot makes stuff they like.

      --
      I'll see your Constitution and raise you a Queen.
    4. Re:hmm by Turn-X+Alphonse · · Score: 3, Insightful

      I don't work on economics, I work in what I feel is right. I believe in supporting things I enjoy.. so I do so. People who don't believe this never will support things.

      --
      I like muppets.
    5. Re:hmm by Lifewish · · Score: 4, Insightful

      True, there are a number of people with the "gimme" mentality. However, there are a few other factors to consider:

      1) Would these misers have been willing to splash out for the product anyway? Probably not. For example, a copyright infringer with 1,000 albums on his/her hard drive would never have been able to afford more than a couple of percent of that. In fact, being miserly, they probably wouldn't have bought more than five albums, if that, coming to a grand total of $15*5 = $75 lost sales at absolute maximum. Of course, the RIAA would count this as $15*1,000 = £15,000 of lost sales.

      2) To what extent is this countered by the increased exposure of the target demographic to the product? Say the above miserly copyright infringer uploads 2,000 copies of assorted albums to other people. Now say just 5% of recipients are honest (probably a low figure), and go out and buy just 5% of the albums they receive. The money spent is then $15*2,000*0.05*0.05 = $75 - cancelling out the original "loss" to the copyright holder. (No I didn't fudge my numbers, it was just a flukey estimate)

      3) (This one applies to music) How much of this actually goes to the artist? Since the misers who are forced to buy albums if the filesharing networks close aren't exactly publically-minded citizens, they'll just get their albums from the stores. By Courtney Love's arithmetic, the record label gets about $50 profit from the $75 spent, whilst the artists get a total of $2.38 profit. Now, if the albums are downloaded and then paid for, the recipients are likely to be individuals who are sympathetic to the plight of musicians, and hence will often donate via a band's site or buy from an ethical label, as I did just last night (despite being a poor student). Result: the artist is likely to get at least 1/2 the loot, a 1500% increase over the other system

      4) (This one applies to software) What happens when people want to use a superb tool like Lightwave in a professional context? They have to license it, or recommend that it be licensed. So, by not shooting down the bored teenage downloader who'd never be able to afford this $800 software, Newtek is able to sell several copies to the company he/she ends up working for. It's like farming only not.

      In conclusion, the positive side-effects of wide-ranging copyright infringement will often outweigh the negative side-effects, especially in industries where the content producers are getting shafted or where the product is most lucratively licensed in a professional context. There's probably an equivalent argument for films but my brain's dead.

      Speaking of ruptured braincells, there's at least two errors in the above calculations. I'm too tired to figure out how to correct them, so I'll just say: please give bonus points to anyone who finds three mistakes :)

      --
      For the love of God, please learn to spell "ridiculous"!!!
    6. Re:hmm by cryfreedomlove · · Score: 3, Funny

      Your argument is so solid that you should convince some game authors to encode it into their licensing agreement. I can just see it now:

      You have to pay for this software. Unless, of course, there are no circumstances in which you would pay for it. In which case, you may copy it for free.

    7. Re:hmm by zerocool^ · · Score: 4, Interesting


      It's getting to the point now in my life where I'm financially stable and can afford to buy the odd game. But, even as such, I usually try before I buy, and that means piracy. For example: I just played through F.E.A.R. It took me about 8 hours to beat it. And, upon starting up again, I've realized that it has no replay value whatsoever. $55 for 8 hours? Thanks, but no; I'm glad I didn't buy it. It's uninstalled. On the other hand, Age of Empires III I downloaded, played, and liked; and I'm going to go buy it.

      I origionally pirated my copy of Neverwinter Nights; but because I enjoyed it so much, I ended up buying the retail version, both expansion packs, and paying for all the downloadable premium modules. And I'm talking as they became available; not years later in the ultra-mega-pack for $40. I probably have close to $180 invested in Neverwinter Nights.

      Every time I feel guilty about this policy, I end up buying a game and being pissed off about it. The latest example was Doom III - I bought it, and played it, and it too has lackluster multiplayer and no replay value.

      It basically boils down to if you make good games, I'll buy. But, if you put out crap, I won't.

      However, it should be noted that this only goes for 1.) Games and 2.) MS Office. Now that I work for tech support in the CS department of a university, I have access to the MSDN Academic Alliance copy of Office, so that's now legal, but I used to pirate it. However, I also used to feel bad about it; since I knew that the only reason I was pirating it was because I needed to be able to create word documents for specific purposes (resume comes to mind), and it's what everyone else uses; I'd have been technologically happy with Open Office. But it's to the point where I've found free programs to replace all the little things I used to pirate.

      For example; CuteFTP - now I use FileZilla. Eudora - now Thunderbird. Nero - now I use burnatonce; though I'm still looking for a free (beer; possibly speech too) CD Burner that doesn't suck - burn at once burns images, and does it well, but doesn't do anything else. Photoshop - Gimp. Norton Corporate AV - now AVG Free. I don't even remember what I used before Exact Audio Copy. And I want to know where VLC has been my whole life.

      I've also stopped downloading TV programs and Movies. Movies basically because I never go to the movies anyway (baby) and anything that's good, I'll buy when it's on DVD (I'd rather sit at home comfortable and be able to pause). TV - now that I have Tivo, I don't miss anything; and I've sort of gotten over the need to archive everything; but should I want to archive, I can always use TiVo desktop, a program to strip the DRM from the files, and re-encode the MPEG2.

      So, basically, I'm pretty much proof of "if it's reasonably priced, I'd just as soon buy it". I'm also proof of "If you put out crap, and claim that piracy is hurting your sales, you're wrong: it's either too expensive, or it just sucks".

      ~W

      --
      sig?
  3. Question by Spy+der+Mann · · Score: 4, Insightful

    how will poor countries suddenly become rich just by fighting piracy? I mean, don't tax revenues come from MONEY EARNED BY THE PEOPLE? And how will people pay taxes on some money they DON'T HAVE in the first place?

    Yet another flawed "OMG look at all those stolen CD's we could earn so much money with this stuff" study.

    Perhaps if Microsoft stopped charging $200 for Windows and $2000 for Visual Studio, more people would buy their products legit.

    1. Re:Question by Thing+1 · · Score: 3, Insightful
      Especially when "fighting piracy" really means "paying Microsoft"...

      Which ultimately means "all your base are belong to the USA".

      --
      I feel fantastic, and I'm still alive.
    2. Re:Question by Spad · · Score: 4, Insightful

      Especially when you consider that the vast majority of the software that is pirated in these countries is written and produced in the US and Europe, I fail to see how sending huge amounts of your GDP to foreign lands will help boost your economy.

  4. False assumptions by Anonymous Coward · · Score: 5, Insightful

    '2.4 million new jobs, $400 billion in economic growth and $67 billion in new tax revenues'

    It's interesting that these BSA studies always assume that the money that is not spent on software is not spent anywhere else either.

  5. And what will be the cost of enforcing piracy? by c0dedude · · Score: 4, Insightful

    It'll probably take more than 2.4 million new jobs, $400 billion in government spending and $67 billion in from tax revenues to cut the current global software piracy rate of 35% by 10%. Consider costs involved in prison and oversight of the millions of copyright violators, ignoring the burden of catching violators.

    --
    Since when has this country used intellectual elite as a pejorative term?
  6. I highly doubt it... by kebes · · Score: 4, Insightful

    I'm no expert in economics, but the numbers quoted in TFA just don't make sense to me. I feel like there is a hidden assumption in this analysis. They are saying that countries that currently have massive "piracy" would, if only "piracy" were elimianted, have a gigantic boom in their IT sector. They say that Russia and China would see a massive increase in IT jobs and so forth.

    I don't think so. They are assuming that there is a limitless demand for IT professionals that is not currently being satisfied. I don't think this is the case. These countries have a host of other economic and political problems that lead to many things, including not respecting other countrie's copyrights (oh no!) and having limited jobs for IT professionals. If they suddenly enforced copyright (and by this, it is implicitly meant the copyright of other countries) I don't think there would suddenly be a huge demand for copyright-enforcing bureaucracy.

    I just don't see why people who are used to making copies without obtaining permission will go along with, and support, such a system. Frankly the point of the whole article is "other countries have this nifty law that lets the government tax ethereal things... and it lets companies sue lots of people for ethereal things! These countries are rich! Do you want to be rich? All you have to do is impose laws that manage ethereal things (like ideas), and *poof* you have wealth out of thin air!"

    I don't believe in generating fictitious wealth using laws. It's barely sustainable for the countries that are doing it now; I just don't see how it would make sense for countries that don't have a history of such laws.

    1. Re:I highly doubt it... by iseppo · · Score: 4, Insightful

      I can cite you an assumption hidden in the text: "Although GDP is a measure of government and consumer spending plus business investment plus exports minus imports, for the purposes of this project IDC did not account for exports or imports." this GDP measure is fundamentally flawed, and is the only reason why this study comes to the conclusions it comes. When your piracy rates are high, then reducing it by 10% means more spent on licenses, and everything that is spent on licenses is considered to be the GDP of the country here. While common sense would say, that most of it will go out of the country. So this study is bullshit. I want to ask from the guys in BSA - when You give as examples like this, why would you expect we would act honestly?

  7. 2.4 million new jobs by slasho81 · · Score: 5, Funny
    [...] countries with high software piracy rates have more to gain economically by protecting intellectual property rights. The study even claims potential global gains of 2.4 million new jobs [...]
    How do you gain economically by protecting intellectual property rights? 2.4 million new lawyers.
  8. unpublished results also say that IP will ... by Jerry · · Score: 4, Funny

    cure cancer, the common cold and aid. IT will also result in zero-point energy power plants, and FTL vehicles. The benefits if IP patents just keep rolling in...

    --

    Running with Linux for over 20 years!

  9. If it wasnt for piracy by future+assassin · · Score: 5, Insightful

    Adobe/Macromedia/MS wouldnt have such a huge market penetration. Young pirated software users are the key. Get them hooked onto your product and most likely when they grow up they will buy your software. Kinda like me :)

    --
    by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
    1. Re:If it wasnt for piracy by CastrTroy · · Score: 4, Interesting

      This is very true. I wonder how quick free/Open Source software would take off if suddenly, all the expensive commercial software was impossible to pirate, or if they just made it too risky to bother pirating. Most people wouldn't choose MS Office over OO.o, if they were forced to fork over the $500. Same thing goes for photoshop, visual studio, and all that other high priced software with cheap/free alternatives.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
  10. BSA = BS by psycln · · Score: 3, Interesting

    BSA or just BS?

    May 19th 2005
    From The Economist print edition

    Software theft is bad; so is misstating the evidence

    IT SOUNDS too bad to be true; but, then, it might not be true. Up to 35% of all PC software installed in 2004 was pirated, resulting in a staggering $33 billion loss to the industry, according to an annual study released this week by the Business Software Alliance (BSA), a trade association and lobby group.

    Such jaw-dropping figures are regularly cited in government documents and used to justify new laws and tough penalties for pirates--this month in Britain, for example, two people convicted of piracy got lengthy prison sentences, even though they had not sought to earn money. The BSA provided its data. The judge chose to describe the effects of piracy as nothing less than "catastrophic".

    Intellectual property

    But while the losses due to software copyright violations are large and serious, the crime is certainly not as costly as the BSA portrays. The association's figures rely on sample data that may not be representative, assumptions about the average amount of software on PCs and, for some countries, guesses rather than hard data. Moreover, the figures are presented in an exaggerated way by the BSA and International Data Corporation (IDC), a research firm that conducts the study. They dubiously presume that each piece of software pirated equals a direct loss of revenue to software firms.

    To derive its piracy rate, IDC estimates the average amount of software that is installed on a PC per country, using data from surveys, interviews and other studies. That figure is then reduced by the known quantity of software sold per country--a calculation in which IDC specialises. The result: a (supposed) amount of piracy per country. Multiplying that figure by the revenue from legitimate sales thus yields the retail value of the unpaid-for software. This, IDC and BSA claim, equals the amount of lost revenue.

    The problem is that the economic impact of global software piracy is far harder to calculate. Some academics have shown that some piracy actually increases software sales, by introducing products to people who would not otherwise become customers. Indeed, Bill Gates chirped in the 1990s that piracy in China was useful to Microsoft, because once the nation was hooked, the software giant would eventually figure out a way to monetise the trend. (Lately Microsoft has kept quiet on this issue.)

    The BSA's bold claims are surprising, given that last year the group was severely criticised for inflating its figures to suit its political aims. "Absurd on its face" and "patently obscene" is how Gary Shapiro, boss of the Consumer Electronics Association, another lobby group, describes the new ranking.

  11. I think this is the first signs of a more cohesive by PotatoHead · · Score: 3, Insightful

    atrategy for battling Open Source.

    A few years back, I decided to abandon all software I was not either entitled to use (open source, freeware, paid licenses, etc...) and could not afford to own.

    For a while It was a real bitch, but then things changed. While I've been a Linux user since the mid 90's, I really didn't fully explore OSS until about 2000. What I found was that a lot of software is simply not necessary. Using the software I had in more creative ways, or simply learning (again) to work without some software has had clear benefits to me, both in terms of dollars saved and in terms of just being able to work in the first place.

    Today, I own a coupla pieces of commercial software and the rest is all OSS. That more than piracy is resulting in lost sales. If they really succeed in cutting down on piracy, the OSS side of things is just going to get a lot worse for them and they know it.

    The only solid way to keep the proprietary, "pay as often as we can get you to pay to compute" model sustainable is to change the rules of the game such that OSS alternatives are driven back underground. This continues to happen where multi-media applications are concerned, but that's not enough. Getting Ogle from another country really does not affect anyone as the DVD player devices are all bundled with some goofy player anyway.

    Getting OpenOffice, GIMP, web browsers, development tools, etc... back out of the mainstream will make a big difference. I suspect the approach will be to slowly move legislative opinion in this direction, then deal with citizen complaints through "access programs" very similar in nature to what the big phama companies do today.

    Can't afford that lifesaving drug? Simple, if you beg and prove you really, really are gonna die without their property, they will "give" it to you rather than do the right thing.

    Software companies are going to end up trying the same things, IMHO.

    I regularly write my elected representatives about OSS issues. I let them know I write OSS software and why and what value the growing body of OSS software brings to anyone willing to participate. Participation can be as simple as just using the software of your choice or as involved as developing, training, distributing, etc... We all benefit.

    Oh, the one biggie I always mention is the fact that OSS is unique in that value received is more than value contributed for everyone involved because no material goods are required to make use of the combined result. This is important because many industry (closed industry) lobbiests equate this value proposition as an "unsustainable ponzi type scheme" that does more harm than good as it takes advantage of contributors without "closing the value chain". Translation: We can't compete with free and the world (read government) needs us here.

    Back on topic: The IP battle is imporant here in the US because we have outsourced darn near everything else, yet we still consume an awful lot per capita. Unless the world can be convinced that IP is viable, we are going to become increasingly hard pressed to restore that balance in the coming years.

    On one hand, I'm not looking forward to us having to figure that out. And IP is an easy out. On the other, I sure don't want OSS going anywhere because it's primary value to me is not the cost savings, but the near total computing freedom that comes along for the ride.

    One of my favorite computers happens to be an older SGI computer. OSS keeps that machine viable. Any of us, who know what we are doing, can take pretty much any combination of computing hardware we can get our hands on and be productive with it. As time goes on, I find this to be quite compelling in that I can continue to compute just the way I want to, not how I am told.

    IP takes all of that away and I KNOW that's a bad thing, simply because being left with no alternatives means near total control of our computing environment. History has shown time and time again that scenario never is