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BSA Claims 35% of Software is Pirated

hdtv writes "Business Software Alliance says 35% of packaged software installed on PCs globally is pirated, and estimates the losses at $34 bln. From the article: 'The countries with the highest piracy rates were Vietnam (90%), Zimbabwe (90%), Indonesia (87%), China (86%), and Pakistan (86%). The countries with the lowest piracy rates were the United States (21%), New Zealand (23%), Austria (26%), and Finland (26%).' TechDirt analysis debunks some of the myths: 'The BSA claims that all of these "lost sales" represent real harm to the economy. It's the same bogus argument they've trotted out before, which is easily debunked. Much of that unauthorized software is being used to make firms much more productive than they would be otherwise -- probably benefiting the overall economy quite a bit.'"

97 of 617 comments (clear)

  1. not only NOT a lost sale, but by yagu · · Score: 5, Insightful

    Each pirated copy, contrary to the BSA (interesting, what does the BS stand for?) claim, not only is not a lost sale, but potentially an extra sale.

    BSA's claim is akin to the MPAA/RIAA's claims each downloaded/pirated DVD/CD is a lost sale. And, there have (AFAIK, and I've researched this many times) been no studies coming close to showing causal relationship between pirating and decreased sales.

    Interestingly, one of the most damning contra-examples was the huge spike in CD sales corresponding to the spike in file sharing at the emergence of the original Napster. Of course, once the RIAA and music industry managed to rein Napster in, the dropoff in shared files was matched almost identically for a decline of CD sales.

    People, especially in the poor couuntries, are running pirated software because they otherwise would run no software at all. And, if with this pirated software, they manage to bootstrap their own situation, or that of their business out of the netherlands they become much more likely to buy and pay prices for non-pirated software.

    1. Re: not only NOT a lost sale, but by pbjones · · Score: 2, Insightful

      my experience is that, in business, a pirated copy is another copy that they don't have to buy. If a business has gotten to the point where they are using pirated copies of something, they have no intention of buying a real one. This also extends to one copy for each computer licenses.

      --
      There was an unknown error in the submission.
    2. Re: not only NOT a lost sale, but by ObsessiveMathsFreak · · Score: 5, Funny

      Interestingly, one of the most damning contra-examples was the huge spike in CD sales corresponding to the spike in file sharing at the emergence of the original Napster.

      Ahh! But were the CDs blank?

      --
      May the Maths Be with you!
    3. Re: not only NOT a lost sale, but by Anonymous Coward · · Score: 3, Insightful

      Not necessarily ...

      As a contractor I have worked for several companies where the reason why their was (a lot) of pirated software being used by the company because employees installed software onto their own systems. The company I am currently with has avoided this because they are (very) strict on what software is alowed on your system. Many companies have large budgets to purchase software that go unutilized because their employees don't even ask for software packages.

    4. Re: not only NOT a lost sale, but by Mistshadow2k4 · · Score: 2, Insightful

      By that logic if I work really hard on building a house and sell it, I should be paid for it hundreds of times, not once. Why should software programmers be paid over and over for their hard work when the rest of us get paid only once for the same amount of effort? Yes, I've said the same thing about musicians and song-writers. You seem to think you have a moral right here, but I don't think you do. Legal, yes, moral, no, not until everyone has the same right.

      --
      I dream of a better world... one in which chickens can cross roads without their motives being questioned.
    5. Re: not only NOT a lost sale, but by mattkinabrewmindspri · · Score: 4, Insightful

      But not all computer users are businesses. I would expect that piracy would be much more common among individuals, due to individuals not having as much money to afford software, and due to businesses being more afraid of being caught.

      If Joe Blow on the street is pirating a $700 program, chances are that he wouldn't be willing to pay $700 for it even if that was the only way to obtain it.

    6. Re: not only NOT a lost sale, but by Tango42 · · Score: 2, Insightful

      What are you talking about? When you buy a house, you pay the total cost of manufacture, plus a profit margin. When you buy software you pay a tiny proportion of the production costs. Software companies rarely break even after one sale...

    7. Re: not only NOT a lost sale, but by kimvette · · Score: 2, Insightful

      On the other hand, many company managers act bewildered when you inform them that the software they're running is not legal. "Oh, you mean I have to buy a copy of [Office|Norton Antivirus|etc] for each user?!" Uh, yeah, buddy, you do, especially since you're a medical clinic and have a far, FAR higher chance of getting audited not only by the IRS, but for HIPAA compliance. Any audits would find that hey, you're running "unlicensed" software and guess what? A phone call later and the BSA comes knocking on your door. That kind of client I turn on to free alternatives like the OpenOffice.org suite, Postfix, ClamAV, ASSP, and Thunderbird, then they don't have to buy licenses, worry about having to have a bunch of shit together for an audit, and can be lax in worrying about accounting for software. If the BSA comes a-knockin' in that case because a vendor or employee ratted you out, no worries.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    8. Re: not only NOT a lost sale, but by darkonc · · Score: 4, Interesting
      It's a bit of both. Sometimes people who could easily afford to buy a copy of some software will still pirate it "because everybody else is doing it" --- The fact that microsoft officially winks at pirated copies doesn't quite help reduce the volume. Microsoft knows that if they were to press too hard on pirated copies, people would simply go to cheaper alternatives (including Free and Open Source) that do a completely adequate job.

      Having "everybody" running MS software is to MS's advantage -- especially when they're trying to talk MA out of going with ODF.

      Where the real falacy is is declaring these theoretical sales to be money "Lost to the economy" -- when the truth is that most of the hush money people pay for software immediately leaves the country (going to the Bahamas, or Ireland or wherever it is the gives Microsoft the best discount on income tax).

      Countries like Canada don't even have the advantage of a significant income from R&D spending to offset what is actually lost to the national economy from via Microsoft Software sales.

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
    9. Re: not only NOT a lost sale, but by mnmn · · Score: 2, Interesting

      I agree with you. I'm from Pakistan and would like to meet ONE person of the 14% who buys software legally. There arent even that many branded computers out there that came with a legal Windows XP.

      However they wont BUY the software. Its way too expensive for what it is in Pakistani currency. Implement sophisticated authentication mechanisms to prevent piracy and watch Linux boom. I'd like to see that happen. Less software will be pirated, and even less will be bought.

      --
      "Give orange me give eat orange me eat orange give me eat orange give me you." -Nim Chimpsky
    10. Re: not only NOT a lost sale, but by Stonehand · · Score: 4, Insightful

      What if the choice is between unlawfully duplicating a $700 program, buying the $700 program, unlawfully duplicating a $70 program, or buying the $70 program?

      The cheaper, perhaps less-feature heavy but perhaps perfectly adequate program might genuinely be losing sales and market share to unauthorized copies of the more expensive program. After all, how many people infringe Photoshop vs. infringe Paint Shop Pro, even though most people can perfectly make do with the latter?

      --
      Only the dead have seen the end of war.
    11. Re: not only NOT a lost sale, but by CodeBuster · · Score: 3, Insightful

      It is possible that I have misjudged the intentions of your post, but I hope that you will excuse me in this instance since the pirated copy != lost sale argument is frequently used here on Slashdot as a justification for the act of piracy and being a content creator myself, I have some rather strong feelings on this subject. I did not mean to suggest that you personally do these things and I apologize if it came out in that way, but please allow me to respond to some of your other points, if I may...

      These companies are some of the wealthiest in the world, I have not seen a single case of any of these companies, not a single case where a software engineer was let go because of poor sales and lack of profitablity.

      The amount of the loss is debatable, but is it reasonable to suppose that piracy has no impact on the software engineer? It is difficult to quantify unrealized gains, but neither can we say with certainty that there are none. As for companies being wealthy, does that mean that their property rights are any less valid?

      One company has even had a judgement or two against it for how onerous its "terms" are

      This is probably true, but as both you and I have said we chose not to use their product because we don't like their terms. It is unfortunate that the terms suck sometimes, the old "I am taking my ball and going home if you don't like those rules" reaction by some companies, but I cannot expect others to respect my rights if I don't respect theirs.

      I'd consider (my opinion) this guilt money, considering how Gates has amassed his wealth.

      The poor people who benefit are happy whether he gave the money out of goodness or guilt; it is all the same to them. As for Gates using it to promote Microsoft products with freebies...well he has a ways to go with meeting the basics before he can begin to do that. If he does eventually give them free computers with Microsoft software in order to "get them early" then you can chalk it up to his reward for helping them get that far with the basics.

      The BSA is making claims about lost sales that really aren't, and getting leverage with this bogus saber rattling

      The BSA is playing up their side and others are downplaying their arguments because that is how politics works. The truth probably lies somewhere in the middle. The BSA is not completely right but neither can it be proven that they are completely wrong.

      But if every single piece of "pirated" software were somehow magically able to be taken from users today, the net result would not be additional revenue and sales, quite the opposite in fact could and would likely (in my opinion) occur.

      Fair enough, you are entitled to your opinion, but people should consider the consequences of not paying for their software if the license does not make it freely available. The world is interconnected and my ability to pay my bills is contingent on my employer being able to pay me and their revenues are contingent upon people paying for the products and so on. I am not convinced that a reduction in piracy would NOT result in some more sales, but I suppose that on that point will we simply have to agree to disagree.

    12. Re: not only NOT a lost sale, but by toriver · · Score: 2, Insightful

      the fact that the software, music, or other intellectual property was stolen.

      If I walk into a store, nab a CD and run, then I stole it. If I download some binary data somewhere, it's not stolen. Can people (including BSA and *AA) stop mis-applying the term? It's illegally copied, a violation of a totally different part of law than the one that governs theft.

      Someone who downloads and uses digital "intellectual property" (a term invented when they stopped making works of art) does not misappropriate one of the publisher's physical products. That product is still in a store ready to be purchased. However, the person is "leeching" the service that consuming the product is, without having paid the rights holders for that privilege. Violations of copyright are closer to taking a bus ride without paying the fare.

      The industries' mistake is that they have both licensed content (music, movies, software) and physical product (disks), and try to get the "advantages" of both (advantages for them and not the customers), while denying consumers any of their rights (like the "first sale doctrine" - second-hand market is destroyed by using online registered keys). With the politicans firmly in the lobbyist pocket, the angry consumers resort to the only path available to protest: "civil disobedience" against the corporations running the country. So piracy of these industry-work-for-hire products is akin to the Boston Tea Party in a way...

  2. Easy answer by mfh · · Score: 2, Funny

    That's an easy one because 15% of all software is just garbage. The rest is open source and you can't pirate that.

    --
    The dangers of knowledge trigger emotional distress in human beings.
    1. Re:Easy answer by CosmeticLobotamy · · Score: 5, Funny

      The rest is open source and you can't pirate that.

      That sounds like a challenge, and I accept.

    2. Re:Easy answer by jesdynf · · Score: 3, Funny

      Hah, already beat you.

      I ran #gnuwarez on EFnet for a year or so. Zero-day Debian releases, FreeBSD -- you name it, I had a vast network of affiliate networks capable of getting it out to you. Mad greetz to the SourceForge guys.

      --
      Yahoo! Pipes are awesome. How awesome? http://pipes.yahoo.com/jesdynf/slashdot
    3. Re:Easy answer by ElleyKitten · · Score: 2, Insightful

      That's the difference between Free software and Open-source software, isn't it? That'd be perfectly okay if it were Free.

      Actually it's the opposite. I can take open source software like OpenOffice and rebrand it as my own, even sell it, and it would be perfectly legal for people to "pirate" it. However, when it comes to free but not open software, like Zone Alarm's free firewall, I'm not even allowed to mirror it on my website without their permission, let alone rebrand and sell it.

      --
      "What is Internet Explorer 7? Are you saying we can't access the normal internet?" - I love tech support. Really.
  3. At least 35% by Winckle · · Score: 3, Informative

    Personally I think 35% is a very conservative estimate.

  4. Wrong counter argument. by XaXXon · · Score: 5, Insightful

    Much of that unauthorized software is being used to make firms much more productive than they would be otherwise -- probably benefiting the overall economy quite a bit.

    This is the WRONG counter to their claims. The correct counter is that an unauthorized copy of a piece of software is NOT the same as a lost software sale.

    In fact, if companies are using unauthorized copies of software to increase their business, that's when it's morally wrong to not pay for your software in my mind.

    To me, it's like watching a illegally downloaded movie for personal (potential) entertainment vs. selling it on the street. The latter is the one I have a moral issue with and represents a more realistic loss of sale for the copyright holder.

    1. Re:Wrong counter argument. by Spad · · Score: 4, Insightful

      Indeed.

      IMHO it's one thing for me to pirate Photoshop because I want to piss about with some photos and see what I can do with it, when there's no way in hell I can afford to pay for a legit copy. It's quite another for a company to make a profit using pirated copies of Photoshop because they don't want their bottom line affected by a couple of licenses from Adobe.

    2. Re:Wrong counter argument. by VValdo · · Score: 4, Insightful

      This is the WRONG counter to their claims. The correct counter is that an unauthorized copy of a piece of software is NOT the same as a lost software sale.

      An extension of this argument might be, "If make 20,000 unauthorized copies of Word in my basement, did I single-handedly just deprive Microsoft of millions of dollars?"

      You wouldn't even need that much hard drive space. Just copy the .iso, delete the copy, then make a new copy. With a simple shell script, anyone (think economic terrorist) could bankrupt Microsoft in less than a week!!!

      W

      --
      -------------------
      This is my SIG. There are many like it, but this one is mine.
    3. Re:Wrong counter argument. by miyako · · Score: 2, Insightful

      I agree, and I think this is the sort of prevailing mindset that a lot of people have.
      I know a lot of people who have started off pirating software like photoshop and dreamweaver. They played around with it and learned how to use it. Eventually, they started making money off of it and went out and paid for a legit copy.
      Speaking for myself, I know that this is what I've done with some software. I used a pirated copy of Photoshop back in highschool, and eventually I got pretty good with it. Now I make money on the side using Photoshop, and as soon as I started making money off of it, I paid for a legit copy of it.
      Some software vendors realized this, and offer "free for non-commercial use" licenses. For example, Maya is a very expensive bit of software, and they offer a free personal learning edition which is feature-equivilent to the basic version of the software, and not time=limited (it does add a watermark to your renders though). I started out a while ago using this free personal learning edition of the sofware, and now I have a legitimate license for it.
      The only companies I think that it really hurts are companies whos products are not really that good. For example, I used to have a pirated copy of Dreamweaver. I used it for a while, but I never paid for it. The reason? most of the web work that I do is developing in PHP, and I found that I vastly prefer using Eclipse with the PHP plugin to development with Dreamweaver. As for HTML, I prefer to hand-code HTML over letting a program generate it for me, so I tend to use either Quanta+ or simply use vim to write HTML.
      Of course, I'm sure there are people out there who have downloaded Dreamweaver and decided that they really liked it and paid for a copy of it.
      Software is a funny thing, there are a lot of choices out there for most things, and for most people, one is not just as good as the other. People are unwilling to spend a lot (or even a small amount) of money on software when they have no idea if it will be useful to them. Since one cannot return software if they find that it doesn't fulfill their needs, and many companies so severely limit their free trials, if they even off them at all, pirating is often the only way for a potential customer to really gague the usefullness of a product.

      --
      Famous Last Words: "hmm...wikipedia says it's edible"
    4. Re:Wrong counter argument. by linvir · · Score: 3, Funny

      Now that's a proper proof by contradiction.

    5. Re:Wrong counter argument. by Kjella · · Score: 2, Interesting

      You wouldn't even need that much hard drive space. Just copy the .iso, delete the copy, then make a new copy. With a simple shell script, anyone (think economic terrorist) could bankrupt Microsoft in less than a week!!!

      To give you a clue on how rich Microsoft is:
      Let's say it's a 150MB CD. Let's also assume that we have a 3Gb/s (but 10 bytes with error correction, so 300MB/s) SATA controller and a RAID array to saturate it. At that speed, copying 150MB takes 0.5 seconds. In one week (604800s), you would be able to do 1209600 copies. Taking a generous retail price of $300 (let's at least take the suite and not just MS Word), that's 362.88 million dollars, or less than 1% of the pocket money Microsoft has, nevermind their total assets.

      --
      Live today, because you never know what tomorrow brings
    6. Re:Wrong counter argument. by deathy_epl+ccs · · Score: 4, Funny

      ...that's 362.88 million dollars, or less than 1% of the pocket money Microsoft has, nevermind their total assets.

      So c'mon, guys! If we're gonna get this job done quickly, we're gonna need your help! Everybody chip in, and we'll have 'em out of business in no time!

  5. Numbers are skewed by ArcherB · · Score: 2, Insightful

    How many of these systems simply would not be running the software that is being pirated at all. For example, if I were not able to pirate PhotoShop, I'd probably run GIMP or Picture Publisher or something that doesn't cost $500 a license. So saying that pirated software=money lost is not true.

    --
    There is no "I disagree" mod for a reason. Flamebait, Troll, and Overrated are not substitutes.
  6. Ironic by WinterSolstice · · Score: 2, Interesting

    I suspect most of that is Windows software... I think that for Mac software it is probably a bit lower. Most Mac users I know are full on legit. There are a couple... but every Windows user I know has TONS of illegal crap. I wonder - is there a bounty?

    -WS

    --
    An operating system should be like a light switch... simple, effective, easy to use, and designed for everyone.
    1. Re:Ironic by tysonedwards · · Score: 2, Informative

      Yes, actually. The BSA is offering bounties to sell out your friends, family, coworkers and ex-employers. Max payout that they are offering is $10,000.

      --
      Thirty four characters live here.
  7. Wow the US is low by aychamo · · Score: 5, Funny

    I can't believe the US is doing so poorly in their rate of piracy. I guess I'll have to start pirating twice as much software just to help us make up the slack on the rest of the world!

  8. free advertising by bcrowell · · Score: 2, Insightful
    God only knows how they claim to have gotten this figure. For example, 98% of the software on the machine I'm using right now is open-source, and the other 2% is free-as-in-beer stuff like the linux version of Acrobat Reader. How the heck would the BSA have known about the existence of hundreds of pieces of open-source software on this machine?

    It's also worth noting that it's a bad thing for the open-source movement if, say, everybody in Vietnam runs a pirated copy of MS Office on a pirated copy of Windows. MS secretly loves that, because Vietnam wasn't a potential market for them anyway in the near future (too poor), but may be in the future. It's just like Apple selling machines cheap to schools and college students; it's a form of advertising. What would really strike fear into MS's heart would be if everybody in Vietnam started using Linux.

    1. Re:free advertising by Fulcrum+of+Evil · · Score: 2, Insightful

      MS secretly loves that, because Vietnam wasn't a potential market for them anyway in the near future (too poor), but may be in the future.

      More to the point, if everybody in Vietnam pirates windows (to run on their Ox?), then it isn't a potential market for anybody else either.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  9. too many sheep by sc0p3 · · Score: 4, Funny

    New Zealand (23%),

    Yeah we have too many sheep here in NZ.. of course we have a low piracy rate.. That'd require people to know what a computer was :|

  10. Sir specious, at your service. by Anonymous Coward · · Score: 2, Insightful

    "Each pirated copy, contrary to the BSA (interesting, what does the BS stand for?) claim, not only is not a lost sale, but potentially an extra sale."

    Flip a coin. There's your "potential".

    "BSA's claim is akin to the MPAA/RIAA's claims each downloaded/pirated DVD/CD is a lost sale. And, there have (AFAIK, and I've researched this many times) been no studies coming close to showing causal relationship between pirating and decreased sales."

    And yet people have no problem with a "causal" relationship showing a benefit from said action.

    "Interestingly, one of the most damning contra-examples was the huge spike in CD sales corresponding to the spike in file sharing at the emergence of the original Napster. Of course, once the RIAA and music industry managed to rein Napster in, the dropoff in shared files was matched almost identically for a decline of CD sales."

    Another "causal" relationship? Can I get a phone poll to go with that?

    "People, especially in the poor couuntries, are running pirated software because they otherwise would run no software at all."

    Like Linux.

    "And, if with this pirated software, they manage to bootstrap their own situation, or that of their business out of the netherlands they become much more likely to buy and pay prices for non-pirated software."

    For something that has no value, someone is sure getting their monies worth.

    1. Re:Sir specious, at your service. by BrokenHalo · · Score: 2, Insightful

      In any case, this notion of a lost sale is just plain silly. After all, you can't lose something you never had.

    2. Re:Sir specious, at your service. by baadger · · Score: 2, Interesting

      "In a world without copyright, the GPL would be unnecessary"

      No, the GPL uses copyright and license terms to force developers to release work under the GPL that they built upon the foundation of other GPL'd code. If you want to mimic a world without copyright, you use the BSD license, because a world without copyright doesn't translate into people sharing code.

    3. Re:Sir specious, at your service. by HeX314 · · Score: 3, Interesting

      The real hypocrisy is when copyright law gets bashed into oblivion by people who fail to realize that the GPL is completely and totally unenforceable without it.

      If the price I have to pay for the free distribution of creative content is knowing that someone can spin my work and make it theirs, I would pay it with a smile on my face and shake the person's hand afterward.

      Part of creativity is not just creating something but also being able to modify anothers' work for the better.

      In all actuality, the GPL is intended to keep people from greedily stealing someone else's work and forcing copyright on the derivative (and locking up the source). If there was no copyright to begin with, everything would be free and the GPL wouldn't be shattered, it would be rendered moot.

  11. LOSSES ??!?! WHAT LOSSES ?!?!? by unity100 · · Score: 3, Insightful

    What losses after selling software at EXTRAVAGANT prices ?

    Do they ALREADY count our money as theirs, and deem it as loss ?

    Nay, sire ... Consider it a market adjustment by the 'invisible hand' - an adjustment to balance out the ridiculous prices you sell software for.

    In the history of this world, there has NEVER been piracy UNLESS commodities' prices were not set in standards of highway robbery.

    I aint giving me money to you sir. Not at THESE prices at least.

  12. Not that bad by cfulmer · · Score: 2, Insightful

    The cost of pirated software is typically free, or at least highly discounted. There are naturally far more people willing to get it for free than would be willing to pay for it. So, every pirated use is NOT a lost sale. That's probably especially true in very poor countries. So, the amazingly high rate of piracy in 3rd world countries really doesn't present that big of an issue for the software industry. The 20+% in the U.S., though, should be causing them a lot of concern.

  13. bah by ltwally · · Score: 4, Insightful
    "The BSA claims that all of these "lost sales" represent real harm to the economy. ..."
    Bah. Let's just say, hypothetically, that I sometimes pirate an MP3. Does that automatically mean that if a free (as in pirated) version were not available, that I would actually pay for that song? That I would go out and buy a CD that I really didn't want, or pay $1 for a DRM'd copy from iTunes? HELL NO.

    Along those same premises, let's say, hypothetically, that I had a pirated copy of Adobe Photoshop on one of my PC's. I'm not a graphics professional, and have little use for it beyond making my own wallpaper. Are we to assume that I would actually pay the $699 price tag for this software? HELL NO.

    What I would very much like to see is a poll comparing what people have pirated against what people have pirated and would pay for if they could not pirate it. I don't have any statistical evidence to back me up, here, but I'm going to hazard a guess that piracy leads to a lot less in actual losses than the BSA or the RIAA/MPAA assumes. And that is ignoring the fact that there are a rare few people that actually purchase a product just because they were impressed with the pirated copy, and wished ot support the author/creator.

    Haven't we heard enough of this "piracy is going to kill our economy" bullshit? Why are we focusing on this, when the our (America's) trade deficit with China is over $200,000,000,000/year (yes, that is 200 billion dollars a YEAR at the current rate). Seems to me that this piracy thing is small potatoes, in the end.

    --



    /dev/random
    1. Re:bah by datasetgo · · Score: 3, Informative

      Well turn that around a bit. I HAVE been in the graphics professional industry for a long time and I have to say - the largest amount of piracy I have ever witnessed has always taken place within ad agencies and boutique design shops. When I've found this happening, I've always raised hell about it.

      In one small shop I had just joined a few years ago, I demanded that we get legal and it cost nearly $45k to do so - with just 12 people. That's not an insignificant amount of potato chips to Adobe, Quark, Macromedia and the like, if you ask me. With a thousand or so design shops in this town, I could easily see that number skyrocket.

      And I tell you, that is VERY typical for the design industry - hypocritical to boot. Designers and photographers hapily bend customers over the table over rights and usage fees for the work they produce. And yet a very LARGE portion of them use pirated software. And when confronted, they give you snotty attitude and excuse after excuse to why they shouldn't have to pay for it. THAT is BS.

      These days I'm on my own - I use both open source (where I can) and commercial software and pay for it. I KNOW what it takes to produce good software and choose to support the developers - both small and large- that work hard to do it. Not because of the BSA. Because I know it's the RIGHT thing to do.

      And besides, I've learned to never trust a carpenter that doesn't own her own hammer.

    2. Re:bah by LetterRip · · Score: 2, Insightful

      "Along those same premises, let's say, hypothetically, that I had a pirated copy of Adobe Photoshop on one of my PC's. I'm not a graphics professional, and have little use for it beyond making my own wallpaper. Are we to assume that I would actually pay the $699 price tag for this software? HELL NO."

      The problem with this reasoning, is that had you not 'hypothetically' pirated Adobe Photoshop, instead of purchasing photoshop, you probably would have purchased a cheap tool that met your needs, or used a legally free equivalent. So your piracy doesn't hurt Adobe, but it very much does hurt Adobes low end competitors by denying them the sale and/or marketshare that would otherwise be theirs.

      Only if you would have gone completely without software that does the functionality that you desire (wallpaper making, or basic image retouching) have you 'harmed' no one with your action.

      Similiarly the pirating of Windows and Office, etc. very rarely harm Microsoft but instead harm their competitors that offer similar functionality and a significant price discount.

      LetterRip

  14. Losses at $34bln - outstanding sales by Ucklak · · Score: 2, Insightful

    I'd like to have the BSA negotiate a raise for me.

    Here, I'm not in debt, but I sure could use an extra, say, $50,000 a year.
    I could file my taxes at a $50,000 a year loss and claim it on wages not paid.

    Isn't that the same thing they're doing?

    --
    if you steal from one source, that is plagiarism, if you steal from many, well, that's just research.
  15. It's total hogwash by sterno · · Score: 5, Insightful

    The truth of the matter is that most people wouldn't buy that software if they couldn't get it for free. I'm sorry but the average home user doesn't have the cash for a copy of Photoshop, so yeah, they pirate it. If they couldn't pirate they wouldn't go out and buy photoshop, they'd download the Gimp.

    --
    This sig has been temporarily disconnected or is no longer in service
    1. Re:It's total hogwash by linvir · · Score: 4, Funny

      Worse even than choosing to live without their PC, some even turn to MSPaint.

    2. Re:It's total hogwash by LiquidCoooled · · Score: 5, Insightful

      I don't object at all with home users playing wit business software.
      When its being used for amateur things then its ok.

      I believe that using unlicensed software within a business is wrong however, a business is there to make money and if thats the case they can support the economy and buy their toolset.

      --
      liqbase :: faster than paper
    3. Re:It's total hogwash by Fulcrum+of+Evil · · Score: 2, Interesting

      I'm sorry but the average home user doesn't have the cash for a copy of Photoshop, so yeah, they pirate it. If they couldn't pirate they wouldn't go out and buy photoshop, they'd download the Gimp.

      Enter Photoshop elements - it's cheaper ($90), works similarly to PS, and is limited in ways that are likely only important to graphic artists, who can afford a copy of PS along with Illustrator, Maya, etc.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    4. Re:It's total hogwash by Buran · · Score: 2, Interesting

      I'm sorry but the average home user doesn't have the cash for a copy of Photoshop, so yeah, they pirate it.

      Or maybe they go and buy a copy of Paint Shop Pro or GraphicConverter or one of the other quite-capable yet reasonably-priced alternatives that do everything that most home and many business users want?

      The simple fact that someone chooses not to buy Photoshop yet has a potential valid use for it doesn't mean they pirated Photoshop. That kind of argument doesn't account for the fact that alternatives exist.

      I actually once saw the fact that an admitted college student was using Apple's Aperture software turned against said student. If he's a student, the argument went, he must have pirated it because he wouldn't have been able to afford it otherwise. Never mind that the academic price (at the time) was hundreds cheaper than the $500 (at the time) the standard version cost. Never mind that some students DO have the money to buy academically-priced apps (that's the whole point of academic pricing!). Never mind that people are often naturally honest whenever they can be.

      Of course, this being Slashdot, it wasn't too surprising but it disgusted me greatly that the assumption was that illegal activity had occurred when there was absolutely no evidence for it. It disgusts me now, too.

    5. Re:It's total hogwash by Fordiman · · Score: 2, Interesting

      I had a pirate copy of photoshop. The I noticed the Gimp was near as good. Had a pirate of MS Visual Studio - until I picked up Dev C++. Sure, the open source stuff is sometimes a bit less functional than the commercial - but me? I implement the features I want.

      --
      110100 1101000 1101000 1100110 0 1101111 1101000 1100011 1
    6. Re:It's total hogwash by CastrTroy · · Score: 3, Insightful

      Yeah, but for the average Joe who buys the $399 Dell box, even $90 can be a lot for a single program. If you spend $90 on elements, $200 on an office suite, $30 on a decent DVD burning program, $30 on a program to unzip files, and all the other software they need to run their computer, then all of a sudden that $399 Dell costs a lot more than $399. Granted, the software is the part that makes the computer actually work, but It still costs way too much. I think that if you gave most users the choice between Gimp and paying for Photoshop that most would choose GIMP. That's what I do. Whenever somebody asks me for a copy of photoshop, I point them to GIMP. They won't pay for anything, so they use GIMP. Most people find it easy and useful enough that they don't miss photoshop, and don't have to worry about what happens when something on their computer gets messed up, and they have to reinstall. People have a bad habit of losing pirated software, because they pay nothing for it.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    7. Re:It's total hogwash by jma05 · · Score: 2, Funny

      It's 4 yrs old. Upgrade.

    8. Re:It's total hogwash by JWSmythe · · Score: 2, Interesting

      > Has the BSA ever sued an individual/home user of pirated software?

          They threaten a lot of them.

          Look back at this story:

          http://slashdot.org/askslashdot/01/07/07/1829241.s html
          http://ask.slashdot.org/article.pl?sid=03/02/02/07 33256

          I've known a lot of people who have a business license for whatever venture of the week they had. They never did anything with the business, and let the license expire.

          The BSA will gather the name and address of everyone with a business license (public records, I suspect), and send the nasty note out to them that they are probably in violation and are subject to investigation.

          If you've been following the BSA BS for long, you'll be familiar with the letters, and the "grace period" where business owners can install the BSA audit software, and then pay for their violations before prosecution.

          Have they sued any individuals? Not that I'm aware of. The BSA is looking for the bigger profit. They stand to make a lot more from businesses than from individuals.

          The BSA, while it sounds like it COULD be a 3-letter law enforcement agency, isn't. They'll threaten to kick your door in and audit your company. They have exactly as much right to do it as I do. If I show up at your door and say I want to audit your software, you can tell me to bugger off, exactly as I'll tell the BSA. Well, that would be assuming any BSA guys found where I live, made it past security. Then they'd find that anyone who tries to kick in my door runs the risk of getting shot on the spot.

          I'd REALLY upset any BSA guys who may show up. I have a whole stack of old hard drives and old servers. I wouldn't cooperate in the least, but they'd spend days plugging in machines to find that they're old Linux machines. More than half the hard drives in one three moving boxes are either not readable at all, or data drives from old servers. Most have been wiped, so if they try to recover anything, they'll find dirty pictures from hosted sites.

          They can be more than happy to look at my main desktop machine. Slamd64.

          Laptop? dual boot Slamd64 and Slackware.

          Since I won't let anyone touch my equipment without my undivided attention, my standard rates will apply. I hope they can afford my bill. They better not disturb my lunch/smoke/coffee breaks. There's a special charge for those.

      --
      Serious? Seriousness is well above my pay grade.
    9. Re:It's total hogwash by cyber-vandal · · Score: 2, Insightful

      Agreed but calling OS X or Linux alternative choices is a bit unrealistic since they can't do what Windows can.

    10. Re:It's total hogwash by Bing+Tsher+E · · Score: 2, Interesting

      That's right. Because editing bitmaps has radically changed in the last four years.

      Do you work for a software company?

    11. Re:It's total hogwash by A+beautiful+mind · · Score: 2, Interesting

      "I'd REALLY upset any BSA guys who may show up. I have a whole stack of old hard drives and old servers. I wouldn't cooperate in the least, but they'd spend days plugging in machines to find that they're old Linux machines. More than half the hard drives in one three moving boxes are either not readable at all, or data drives from old servers. Most have been wiped, so if they try to recover anything, they'll find dirty pictures from hosted sites."

      The bad thing is that they go after running and operative businesses, like the following story which is under huge discussion currently on the hungarian unix portal:

      A business had 4 computers, a win2003 server and 3 programmers' desktops. BSA and the police came with a warrant and packed them all up. Three months went by and they got back their server and desktops either completely wiped or with some BSA monitoring tool installed. They have lost a half year's work (the backups were on the server they took) and have damages in the tens of thousands of dollars equivalent of HUF. This is just a latest of their actions as dozens of such stories circulate.

      Questions arise: why was the warrant granted? They didn't find anything illegal there, so I'm guessing its entirely just because the BSA wanted one. They costed the small company a lot of money completely unnecessarily and the reason they named for doing so was because they found encrypted partitions (the ext3fs ones, which still doesn't explain why the win2003 got wiped!). Another question: Why are we not safe from these freaks even if you're using the software completely legally or not even using their software? Seems the BSA's word alone is enough for the police to jump on the case, especially as they funded some "courses" for the police on how to act.

      Mind boggles.

      --
      It takes a man to suffer ignorance and smile
      Be yourself no matter what they say
  16. At least make your arguments realistic by EZLeeAmused · · Score: 3, Interesting
    It's the same bogus argument they've trotted out before, which is easily debunked. Much of that unauthorized software is being used to make firms much more productive than they would be otherwise -- probably benefiting the overall economy quite a bit.

    That's B.S. So a firm might be more productive (and profitable?) using a software package, thus contributing to the general economy. No argument with that. But I fail to see how this debunks the BSA's arguments. Is techdirt (or Mike, or whoever) arguing that the same firm would be less productive if it had paid for instead of pirated the software?


    --
    Some see the vessel as half full; others see it as half-empty; We pour it out on the floor and laugh
  17. they're just waiting till everyone's hooked by spiritraveller · · Score: 4, Insightful

    For now they are just talking. They can't take any enforcement actions, because those countries would simply switch to open source.

    For example, they could threaten these countries with ejection from the WTO or other treaty-based organizations, but they won't... until those countries are economically viable enough to pay the exorbitant licensing fees.

    And then they will win, because they can lock people in to their proprietary formats. They call themselves the Business Software Alliance. But they are really the Proprietary Software Alliance.

  18. Liberal Estimate by Mateo_LeFou · · Score: 2, Insightful

    0% of free software is pirated.

    --
    My turnips listen for the soft cry of your love
  19. Who loses. by maxume · · Score: 3, Insightful

    That techdirt line is great. If a company uses pirated software and makes profit they wouldn't have been able to make without that software, the BSA has a legitimate gripe with them. The heavy handed tactics are tiresome and they pretty much pretend with the statistics, but companies that generate profits exceeding the cost of a given program by pirating it are stealing in a very real sense.

    --
    Nerd rage is the funniest rage.
  20. Fight!!! by s7uar7 · · Score: 4, Funny

    I pirate my software and spend the money I save on CDs. I'll let the RIAA and BSA fight it out between themselves.

  21. Re:free advertising^W dominance by BeerCat · · Score: 2, Interesting

    In the early days, Microsoft turned a blind eye to piracy in US / UK / Canada because "borrowing" the disks from work to install at home was the gateway drug that lead to the rise of Word as the dominant word processor. (WordPerfect Corp dropping the ball with WP for Windows didn't harm it either)

    --
    "She's furniture with a pulse"
  22. If the BSA members collected the losses: what? by aphor · · Score: 5, Insightful

    All of those dollars the BSA is claiming as economic losses are actually being spent elsewhere. It's not a situation of money that should be out working loafing safely in a shoebox. Would we all reap more economic benefit from shifting money away from the other things into the software industry? I reckon not. Microsoft is probably one of the biggest claimants of the BSA loss statistic, and it is difficult to suggest that we would all be better off if they had more money or more freedom to make/improve software.

    This is more of that smoke and mirrors trickle-down voodoo-economics gobbledygook. The BSA overwhelmingly represents the entrenched interests of large enterprises (you think big government is wasteful? How about big business..) against entrepreneurial business (where we see the most real economic growth).

    --
    --- Nothing clever here: move along now...
  23. Doh by slackmaster2000 · · Score: 2, Interesting

    I've heard a lot of arguments about why software piracy statistics are bogus, but none as *dumb* as saying that companies using software illegally will be more productive because of the software, thus contribute more to the economy.

    Despite the fact that it represents some pretty screwed up values, it just doesn't make much sense. If a company can experience growth related directly to the stealing of software, then they could have purchased the software, and they still should have grown. Buying software is just a cost of doing business, and shouldn't be having that much of an impact on the bottom line all by itself. Perhaps we should all just start bending the rules and pirate and steal our expenses away because hey, we're hiring more employees, we're paying our investors, and we're making more profit, which is good for everybody, right? Yeah, that makes a lot of sense to me.

    When it comes piracy on the private, home use level, I think that the piracy numbers they always come out with are ridiculous. Just because the software is installed and being used does not mean that a sale was lost. This isn't a defense of piracy, just a reiteration of distinction between piracy and theft. They are not the same thing. But if we decided to treat them as the same thing for the purpose of creating an accurate yet misleading argument, then oh no, Software Company X is out a gazillion billion dollars!

  24. As a member of the third world by Vexorian · · Score: 2, Insightful

    I am sure that if it wasn't for piracy linux would have taken the world literally, the majority of PC users would be adepts to free software, instead piracy allows MS and other giants to retain their monomoply.

    --

    Copyright infringement is "piracy" in the same way DRM is "consumer rape"
  25. Re:If the software is making firms more productive by linvir · · Score: 2, Insightful
    If the market for commercially licensed software is sour, then what the fuck are all those companies still doing trying to sell commercially licensed software? Are they just sticking it out, hoping for a miracle? Or do they expect someone to come along and lock down everyones' computers for them in order to artificially prop up their business model?

    Welcome to the free market, pal. Adapt or die.

    Part of adapting is adapting to your competitors. If your competitors are pirating software, they're gaining an advantage over you. With piracy in it's semi-legal state, it's bad business not to do it.

    Oh, and fuck your stolen chairs and desks analogy. We both know what a pile of bullshit that is.

  26. What is this productive software? by brian0918 · · Score: 5, Funny

    "Much of that unauthorized software is being used to make firms much more productive than they would be otherwise -- probably benefiting the overall economy quite a bit"

    What is this software, and why isn't it available for Windows?

  27. BSA Monopolists by c0dedude · · Score: 2, Insightful

    What the BSA wants is a bit absurd. They'd love to be able to do 3rd degree price discrimination - to charge one price in Zimbabwe and one in the US, maximizing their profit, unless, of course, you believe Windows would sell for 300 USD a copy in Zimbabwe. This is a monopolist tactic. It deprives consumers of benefit, and no global regime against it exists. Copyright violation acts as an illegal solution.

    The same situation exists in region-coded DVDs - it's not piracy-preventing, it's profit-maximizing.

    --
    Since when has this country used intellectual elite as a pejorative term?
  28. Re:If the software is making firms more productive by 8ball629 · · Score: 2, Interesting
    People steal software because they can get away with it, not because they are struggling. Do those struggling businesses use stolen chairs and desks too?
    In most situations I'm sure you're wrong. Yes they download it because they can but most small companies are struggling especially in the USA (I'm not sure where you're from - looks to be the UK). Right now our economy isn't doin the best and I'm actually employed at a small company. I'm sure our software isn't pirated but we don't do too bad as far as business goes and we don't require too many programs in the first place. We mostly use open source programs but I'm getting a little off topic here.

    My point is some companies HAVE to pirate software to do business. Sure they might buy legit copies after they end up making money but from the beginning most companies just can't afford to go out and buy several licenses of software that goes anywhere from $50-$10,000. You're comment about stealing chairs and desks is a bit moronic as well. If those struggling companies were forced to purchase licensed copies of said software than I'm sure they wouldn't have desks or chairs because they couldn't afford them. And if they could get some desks and chairs they'd probably look to a used furniture store or the like.

    It's kind of hard to find 10 used licenses of any program on eBay.
  29. Paid the Windows tax, Running Pir8 XP Pro by bit+trollent · · Score: 5, Insightful

    My new laptop came loaded with a ton of scumware. Solution: wipe the hard drive and reinstall windows. The recovery cds dilligently reinstall all the scumware, so my only option is to run a pirated version of Windows. Now I can't get updates, even after paying the windows tax.

    Solution: learn every genuine advantage workaround, repeat them, and distribute pirated copies of windows. If you want to screw me over, I'm happy to return the favor.

    In a similar situation, I find myself out of town and I accidently left my laptop power cable at home. I go to the store to get a replacement and it costs $120. Highway robbery if I ever saw it. My solution: return the new cable when i get back in town. If it cost less than $50 I would just keep it, but if they want to rob me, I have no problem robbing them right back.

    Moral of the story: If you screw me over I have no problem returning the favor.

    1. Re:Paid the Windows tax, Running Pir8 XP Pro by Tango42 · · Score: 2, Insightful

      But how is that piracy? You didn't buy windows, you bought a license to use windows. How does it matter how you get it on your computer? (It might say something about it in the EULA, but until it's been tested in court, such clauses should be taken with a bag of salt.)

      (Also, I expect you can get updates if you go through some kind of activation procedure with the license key from your legal copy)

    2. Re:Paid the Windows tax, Running Pir8 XP Pro by baadger · · Score: 2, Informative

      An OEM key won't work with a retail version of XP because major OEM installations don't use Activation.

      Most OEM versions of Windows are now activated via OEM BIOS verification, a method called SLP, rather than WPA. The solution to get XP to activate via this method is to copy the OEMBIOS.* files from the OEM version (probably on the recovery disc or on the hard drive) onto your retail XP CD (or into your installation if you've already installed it).

      Theres information on this here

  30. real harm to the economy by fermion · · Score: 2, Interesting
    I think that the real harm depends on what you are measuring.

    For example, piracy may help the economy achieve a kind of uniformity of software that is very easy to work with. For example, even is a small firm cannot afford a copy of MS Windows and Autocad, they can always pirate a copy. We benifit because the draftperson does not have to learn multiple systems, and, as the skillset is much easier to garner, can be hired much cheaper than a traditional draftsman. OTOH, as Autocad has no compitition, they probably charge quite a bit more that market, and can continue to do so as they do not need to cater to the small shop.

    So, the primary harm that piracy exacts is probably in terms of promoting high prices and reducing the responsiveness to consumers. In competative markets, like the database, there is an effort to get versions out to users that are either low or no cost. This allows the student or amatuer to gain the experience with product without paying professional prices. This is similiar to what once would happen with equipement, such as typewriters. One could buy an old selectric and gain expereince.

    In noncompetatve markets, however, the only way to get a low cost version of many applications is to pirate. MS would like us to believe that we can buy a used PC, but we must buy a new license to the OS. The student edition of MS Office is $120, which is already way too much, but to get access it rises to $200, which is really a joke. They are charging more for Access than Foxpro! Autocad is little better charging $150 per year. Mathematica is little better. Labview shows what can happen when a competitve market exists, with a version at $80.

    So, what we have is situation in which piracy has lead to extreme economic damage by promoting monopolies in certain sectors. The vendors are perfectly happy to allow the piracy, as it is partially why they are succesful. I will always remember the time in the late 80's when my boss told me he was going to get his first PC because he would not have to pay for any software, unlike on the Mac where most of our software was properly acquired. However, a vendor cannot survive with no sales, so the BSA tries to create opportunity costs, at least for certain customers, that are higher than acquisition costs.

    As a student I got MS Office, Mathematics, Foxpro, etc, for a song, so I did not prirate. If I were a student, or new to the IT industry and just wanted to learn, I would think long and hard about buying the software at the offered prices or borrowing a copy.

    Ideally I would like to see most piracy stopped. I would like to see offer prices that are in line with what a competative market will bear. I also hope that the BSA pulls the rug on china and forces either the software vendors to cut thier price of the Chinese to find another solution. We will then learn hard and fast what it means to not communicate with an important trading partner.

    --
    "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
  31. Re:If the software is making firms more productive by rkcallaghan · · Score: 2, Insightful

    Or do they expect someone to come along and lock down everyones' computers for them in order to artificially prop up their business model?

    Yes.

    ~Rebecca

  32. What does the IRS say? by davepk · · Score: 2, Interesting

    What does the IRS say about these claims of loss? Surely if a company truely believed the loss was actual they would try to claim it. Does that actually occur? What would the guidelines be from the IRS?

  33. Basic economy...? by Jugalator · · Score: 2, Insightful

    Vietnam (90%), Zimbabwe (90%), Indonesia (87%), China (86%), and Pakistan (86%). The countries with the lowest piracy rates were the United States (21%), New Zealand (23%), Austria (26%), and Finland (26%).

    I'll wonder if they can see the common denominator among the piracy levels and these countries.

    Looks to me like high piracy goes for less rich countries.

    Wow, could BSA's issues have mostly to do with too expensive software, rather than a general evilness among people?

    Naah, it can't be that simple, can it? :-p

    --
    Beware: In C++, your friends can see your privates!
  34. Re:free advertising^W dominance by kerrle · · Score: 2, Informative

    Actually, Microsoft decried piracy as early as Altair Basic - their "An Open Letter to Hobbyists" is fairly famous for this.

  35. I claim 35% of all planets have life on them by Weaselmancer · · Score: 2, Funny

    I haven't been there, so I have no way of actually knowing. But I'm sure it's true.

    --
    Weaselmancer
    rediculous.
  36. Turnabout is fair play by Mistshadow2k4 · · Score: 2, Insightful

    Ok, we have a (probably BS) estimate on how customers are screwing over software companies. Where's the estimate on how much software companies have screwed over customers? Oh, wait, we're not supposed to give a damn about that, are we? It's okay for the software companies to screw over people but not the reverse.

    This is why people don't give a crap -- including me. My first computer came with Widnows ME which caused me no end of trouble because it was buggy as hell. I was running Norton's Internet Security Suite and kept it fully updated. Within a month a worm downloaded itself into my system when I went to (of all things) a charity site. The worm wrecked my system and I had to get everything reinstalled. After that I downloaded a shareware anti-worm program to supplement Norton's. It worked fine, or seemed to, so I bought it. They sent me a keyfile in my email and told me how to install it. It didn't work. The program responded as if the time had run out and loaded my screen with one pop-up box after another to inform me that I needed to buy it. I literally could do nothing with my comuter because of all the pop-up boxes; I'd estimate that there were two hundred piled on top of each other when I had to force shut-down my computer.... and then reinstall Windows. Did I get my money back? No.

    So, if you're not keeping score here, I got screwed by Microsoft, Symantec and one of the small software companies you guys are defending so ferociously. But no one else is saying anything about this sort of thing happening. Here's a clue: until the protection goes both ways we, your potential customers, don't give a damn. People have been screwed over enough that they assume that the software companies are trying to screw them over -- and a great many are -- so they don't care about you. But no one is even trying to do anything about that happening; no, all the effort is directed at trying to prevent piracy, not software makers abusing licenses and committing outright fraud. Until an actual effort is made to curb that people won't care. And why should they? I wouldn't be surprised if the guys who sold me that anti-worm program posted in this thread.

    Oh, and btw, I'm a *nix-user now, so when a program doesn't work or screws up everything I can at least console myself with the fact that I wasn't defruaded out of money for it. Plus I know that someone will eventually fix it, instead of hoping that the software company will. All too many software companies never will fix their buggy software, or if they do they release it as the new version and expect you to pay for it all over again just to get a copy that workd even though you've already paid for it once. But it's okay for them do that but not for the customer who got screwed over with the earlier buggy version to pirate the new version, isn't it?

    --
    I dream of a better world... one in which chickens can cross roads without their motives being questioned.
  37. Re:If the software is making firms more productive by 0racle · · Score: 3, Insightful

    from the beginning most companies just can't afford to go out and buy several licenses of software that goes anywhere from $50-$10,000.

    Then they didn't have enough money to start their business in the first place. Software licenses are supposed to be a cost of doing business. Would it be ok to squat in an abandoned building because they couldn't afford rent when they started their company?

    --
    "I use a Mac because I'm just better than you are."
  38. So, maybe I used a pirated copy of Photoshop... by exp(pi*sqrt(163)) · · Score: 2, Interesting

    ...when I could have paid. If someone offered it to me for $10 I'd probably pay it. I might even consider paying $12.50. But any more and I'd use the Gimp. So when they do their figures I hope that the BullShit Association counted that as $12.50 and not the $1,000 or whatever ridiculous price it is that Adobe charge.

    --
    Doesn't it make you feel good to know that our freedoms are protected by politicans, lawyers and journalists.
  39. First error. by Vo0k · · Score: 2, Interesting

    The stupid assumption: If I didn't pirate it, I'd pay for it. No. If I didn't pirate it, I wouldn't use it.

    I have about a dozen or so of good original games. The rest of my games is pirated, and you can be sure I wouldn't spend money on them. Legal? No. Fair? Maybe yes, maybe not. Harming economy? Total bullshit. The worst harm to the economy comes from me playing these games instead of working. If I didn't pirate them, the authors wouldn't see a single penny from me just the same. I just wouldn't play them.

    The situation about utility software is even more twisted - same "not pirated=never used" often applies here too. Except pirated means using the software for profit and eventually purchasing originals when you can afford them (earning money on the pirated version first). Means the authors WILL eventually get their fair share. If I'm too afraid of get busted for pirating the software to use it though, they won't see a penny from me.

    Last but not least, Postorder. Opposite of preorder. Preorder is when you pay now, get program later. Postorder is when you download the program now, pay later, at your leisure. Don't worry, Bethesda! I will pay for that copy of Oblivion I got... eventually! :)

    --
    Anagram("United States of America") == "Dine out, taste a Mac, fries"
  40. That's FUD! by ichigo+2.0 · · Score: 2, Funny

    Haven't we heard enough of this "piracy is going to kill our economy" bullshit? Why are we focusing on this, when the our (America's) trade deficit with China is over $200,000,000,000/year (yes, that is 200 billion dollars a YEAR at the current rate). Seems to me that this piracy thing is small potatoes, in the end.

    Cease your pirate propaganda, slashdotters are too smart to fall for it. There's been credible studies that have come to the conclusion that piracy costs $11,440,939,650,000 per month. In fact, unless piracy is immediately stopped, it will cost more than $132 trillion by the end of this year; your measly $200 billion is small potatoes compared to that!

  41. Re:If the software is making firms more productive by babbling · · Score: 3, Insightful

    How much does it cost you if I steal one of your chairs or desks?
    How much does it cost you if I copy one of your CDs?
    See the difference?

  42. Realistic Perspective vs Business Perspective by the_REAL_sam · · Score: 3, Interesting

    First things first, take back the name. It's not PIRATED software, it's duplicated, unlicensed software. Nothing was PIRATED, because NOTHING WAS STOLEN.

    The claim that the business LOST $34 billion is flawed, since, in fact, business cannot LOSE what it never HAD: the $34 billion.

    If we correct the grievance claim, and postulate that the business' suffered $34 billion of income deprivation, then that claim, too, is probably flawed. I suspect that most unlicensed, duplicated software is to the benefit of financially poor computer users, who might not otherwise have ANY access to the duplicated, unlicensed software.

    Therefore, I postulate that the only real cost to the corporate world is the tax deductible charity receipt for helping the poorest of the poor with their computers.

    If it were not for "piracy" laws, then they might be able to arrange for some kind of tax deductible charity receipt for unlicensed, duplicated software for low income computer users. But while such laws are in effect, it is unlikely that they will find low income users to be cooperative with any such effort.

    --
    "Forgive us our trespasses, as we forgive those who trespass against us." -Jesus Christ The Lord's Prayer
  43. Re:free advertising^W dominance by Jerf · · Score: 2, Insightful

    You haven't disproved his point. "Turning a blind eye to" something and "decrying" it are orthogonal.

    Words aren't actions.

  44. Wait... by dilweed · · Score: 2, Funny

    The Boy Scouts of America are the software Police now?
    Shouldn't they be out eating Brownies?

  45. Desperately trying to figure this out by Overly+Critical+Guy · · Score: 4, Interesting

    I'm desperately trying to figure out when Slashdot became pro-piracy. It's really become quite a pro-piracy haven these last few years. People think it's perfectly all right to steal software and not pay the author for it. They actually believe it's okay to download, for instance, Doom 3, and not pay John Carmack, even though he spent five years of hard work to release it. Even more hypocritically, you'll often hear that piracy isn't theft, but when a GPL violation is reported, it is referred to as "stolen code." Also, people act as though it's wrong for the RIAA or the MPAA to go after individual infringers (never mind that this is exactly what Slashdotters were calling for during the Napster lawsuit), but when there's a GPL violation, the EFF should get involved and sue the infringers. I just don't understand the disconnect. I have a feeling it really just boils down to money--people want to preserve the means to get stuff for free without having to pay for it. It has nothing to do with morality or ideals at all.

    I also don't get TechDirt's hostile opinion towards the idea that--gasp--piracy is wrong and shouldn't be happening, and that it costs people money. Of course it does. The idea that some section of the economy is magically enhanced because they got to use pirated software ignores the section of the economy hurting from lost sales. And none of it matters anyway, because you don't magically have the right to pirate software just because it would enhance your company. What a selfish and amateurish opinion to have. My company would do better if we could hack into competitors' computers and copy their valuable trade secrets for ourselves, but we don't have the right to do that just because it would enhance our business.

    Finally, I don't get why so many pro-piracy opinions exist in Slashdot comments, invariably with some mention of the "MPAA/RIAA," as though scapegoating some lobby group somehow justifies making sure some musician or filmmaker or software engineer doesn't get paid for something they worked hard on to release and make a living from. I think rooting for piracy is a weak, lazy mindset. It's the easy route to take, and illustrates that one has not thought through it at all. They likely are high school or college students who haven't had to go out into "the real world" and perform work in exchange for income. They're used to running Kazaa and eMule all day long, downloading everything they can find, and they get so used to such convenience that they get bitter and defensive when the free ride is taken away.

    But, I don't expect the amateur opinions around here to change. People will continue to scapegoat the RIAA and MPAA as a lame justification--"The RIAA made me download System of a Down's latest album!" "The MPAA made me download a camrip of X-Men 3!" Slashdot will continue to post vaguely pro-piracy articles such as this one, while ignoring its own Slashdot heroes like John Carmack (id Software was estimated to have lost millions of dollars when Doom 3 was leaked the weekend before its release date). Outside of the green and white bubble of this website, the rest of the world will continue to run on capitalism, the least bad economic system on Earth, and the antithesis to the pseudo-socialist worldview of "share everything and worry about the consequences later" that permeates the discussions.

    Just my two cents.

    --
    "Sufferin' succotash."
    1. Re:Desperately trying to figure this out by toriver · · Score: 3, Insightful

      I'm desperately trying to figure out when Slashdot became pro-piracy.

      There's a difference between "pro-piracy" and "anti-equating-illegal-copying-with-theft-or-pirac y". Why can't people be allowed to point out fallacies in the BSA and *AA's arguments? Or attack the mis-appropriation of existing terms (theft and piracy) that obviously are used to manipulate opinion?

      Is this another one of the "those that aren't with me are with the enemy, the terrorists" ploys?

    2. Re:Desperately trying to figure this out by vertinox · · Score: 4, Insightful

      I'm desperately trying to figure out when Slashdot became pro-piracy. It's really become quite a pro-piracy haven these last few years. People think it's perfectly all right to steal software and not pay the author for it. They actually believe it's okay to download, for instance, Doom 3, and not pay John Carmack, even though he spent five years of hard work to release it.

      I wouldn't call it pro-piracy as it is as much as Anti-BSA or Anti-Microsoft or Anti-establisment.

      Personally, I buy all my games because I have the money and I often feel like giving back to indie developers. (Go Darwinia! Go Red Orcherstra!)

      But! I am highly suspicious of BSA's tactics and their claims of monetary loss which companies will use for tax purposes which I suppose directly is akin to "Tax Avoidance" which of course means it costs me indirectly anyways through higher taxes (Yeah I know it is a stretch)

      They assume that if a person pirates software, they would have bought the software if they couldn't have pirate it. For some reason they cannot comprehend someone just doing without and finding something else to do.

      If nothing else... Piracy hurts FOSS more than pay proprietary because with piracy there is no need for a free alternative, hence the lack of interest in those programs and hence less development. But I digress...

      My second point I would have to raise with the BSA is how in the heck do they know that there is all this piracy in the first place? From my understanding they aren't going around house to house doing polls or making phone calls to everyone in the world and saying "Do you pirate software?"

      Even if they did, no one in their right mind would say "Umm... Yes, I pirate software!"

      Do they base this on figures of how many people they caught and then through a random multiplier with a dice roll and say "Here is our loss! Now give us a tax break!"

      This is why I think most people on Slashdot appear to be pro-piracy.

      And the fact these are faceless corporations or wealthy individuals aren't helping either.

      A 14 year old kid won't stop to think as he is downloading Doom 3 torrent that John Carmack and go "bless his soul for his hard work in the 3d industry and without his hard effort we'd never have all the 3d games we have today", but rather "Gee... That man has 3 Ferraris! I'm sure this won't hurt em!"

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    3. Re:Desperately trying to figure this out by Kjella · · Score: 2, Insightful
      I'm desperately trying to figure out when Slashdot became pro-piracy. It's really become quite a pro-piracy haven these last few years.

      Moving from "when" over to "why", I imagine because it's gotten really convienient. For example, a few clicks away there are TV shows for download. Didn't have to know what channel they're on or how to program my VCR/PVR, they'll download faster than I could walk over to a buddy and borrow his tape. Not that they actually air here anyway. They're also free of ads, though we already have that luxury (only ads between programs, thank you government regulations), but we do get annoying "See what's up next" promos. Also you can keep them around, even build up a library, like an iPod for videos. Zero cable/premium channel fees, sero ad revenue, zero DVD renting/buying price - obviously no legitimate content could compete with that.

      At some point, it just becomes so convienient that you're doing it anyway, even though you feel it's wrong. However, most people don't cope with that kind of internal inconsistancy very long, and over time you just ignore or explain away those thoughts to make your life "right" again. For a broad part of the population that started around Napster ended not so long ago - it doesn't happen overnight. You still see it with wildly unreasonable demands, they just make up a "I want 96Khz/24bit FLAC for 5 cents and a free pony" so they can go back to pirate because "they don't deliver what we want".

      Plus, it does help that the producers of mainstream content hasn't collapsed like the 1929 stock crash, which is what you'd believe if you listened to them. Let me take a quick Econ 101 on why their claims are so absurd:

      Imagine you have a price-quantity graph (ok, slashdot is not the best medium for this) with price on the Y-axis, quantity on the x-axis. Now let's say you have the prices p0, p5, p10, p15 for 0-15$, and the respective quantities q0, q5, q10, q15. Note that q0 is going to be a lot bigger than any price higher than zero, giving it away is going to be a huge boon to "sales". The square between 0,0 and p,q is the revenue you could get without price discrimination. Even with price discrimination, the most you could get is the entire area under the graph. Let me try to draw it: Anti-ASCII code, I hate you:
      15 fill o p15,q15
      .. fillfill
      10 fillfill fill o p10,q10 RIAA MPAA RIAA MPAA RIAA MPAA RIAA MPAA o p10,q0
      .. fillfill fillfill fill
      .5 fillfill fillfill fillfill o p5,q5
      .. fillfill fillfill fillfillfillfill
      .0 fill q15 fill q10 fillfill q5 fillfillfillfillfillfill fillfill q0
      Alright, that turned out only semi-lame. Their actual income is the area between 0,0 and p10,q10. Even if they were able to price gouge everyone perfectly, they'd only get the area under the graph (marked with "fill"). However, what the wonderfull RIAA/MPAA math does is take the retail price p10 and match it with the pirate quantity q0, and claim their total losses are everything between 0,0 and p10,q0. Obviously this is complete and utter bullshit and could never be actually achieved, even if piracy was impossible. Doesn't stop them from claiming it though.
      --
      Live today, because you never know what tomorrow brings
    4. Re:Desperately trying to figure this out by blackest_k · · Score: 2, Insightful

      I feel I should respond to some of your points, incidentally written on a laptop running ubuntu, and using firefox.

      Firstly antipiracy opinions are not modded down automatically I read your post at +5 (although I do upgrade insightful and interesting posts and downgrade unfunny funny posts).

      Propiracy opinions exist on slashdot so do proponants of free software and people who think everything should be properly paid for and licienced. ...Maybe like my ubuntu install:) finally a linux version that is easy to use

      There is a whole spectrum of opinion here, but how can anyone support the actions of Sony in creating a root kit on millions of peoples computers or the actions of the RIAA and MPAA victimising some grandma or a teenage kid.

      When someone gets forced to sign an agreement to pay the RIAA 15,000 dollars or face being landed with a legal bill even if successfully defended against. In reality your taking thier life away. Because this huge debt now has to be serviced- ahead of everyother thing in life. Grandma might now have to skip buying the medication she needs, the kids clothes will just have to last them just that little bit longer because of what a desire to listen to some muusic watch a film.

      Now if you have ever been in a law court the sentence that is passed quite often will take into account the circumstances of the person charged with the offence. I mean what would be reasonable a $500 dollar fine and confiscating the computer equipment used in this kind of case. It depends on the circumstances, and thats not what the RIAA or MPAA take into account.

      When an artist creates a piece of work they do it for what the money or to bring some joy into the world? making people's lives a misery isn't what Music, Films or software is about. I don't think anyone other than a lawyer would stand up and say they support the RIAA/MPAA distroying someones life for the sake of a few songs or movies...
      Art in general is about appreciation if someone feels the need to reward an artist they can, generally by buying the product that they enjoy.

      iTunes works well because it lets people pay for the tracks they personally enjoy and not buy the ones that suck. It would be even better if it wasn't restricted by DRM but then people would just pirate the music, some might say. Wake up!
      Every track thats on itunes is freely available in a DRM free format somewhere on the internet and available to you on your computer within minutes in some cases but people still buy music from itunes, why ?
      perhaps its because they see a value in the service that the musicians have performed in bringing that sound into thier lifes...

      On the otherhand when someone or a company is profiting out of someones work without compensating them for it now thats wrong. Feel free to bust the market traders, offices and companys that are doing this.

      Lets address another issue here as well, You do realise that the clothes you wear the food you eat a large proportion of it is produced by people in grinding poverty working on minimum wage in western countrys and far less in other countrys. Maybe we should be paying a bit more for the things we consume. It is not like they can just press copy on a CD burner or download another shirt or duplicate another bunch of banana's. Replicators are still only in Startrek.

      One more thing i have problems with is what producers of software do to the people who buy thier products.

      A case in point Techland produces some some software called English Translator 3 I have use for this program although no perfect I bought it, without saying anything they used product activation which ties in with the serial number of the partition of the harddrive its installed on.
      Reformatting the hard drive resulted in it being impossible to reinstall and all corrospondence with the company goes unanswered and basically I as a paying customer get the shaft.

      I appreciate the product, I do not appreciate the company and so thanks techland incident

  46. Why the BSA can be good for small biz and OpenS.. by PhoenixOne · · Score: 4, Insightful
    "Most wouldn't download Gimp, they wouldn't know what Gimp is. They would stop using their PC for photo editing."

    Huh? If there was a market for a cheap/free photo editing tool, somebody would fill it. In fact, there are several lower cost (and free) photo editing tools made by small companies that sell to people who don't need/can't afford Photoshop. And *these* are the companies that get screwed over when people warez software.

    Joe six-pack may not spend $600 on Photoshop, but he would probably buy a $19.95 alternative (or his buddy might show him where to find Gimp). But if he can just get the top-of-the-line product for free, why the hell would he bother trying anything else?

    In short, it isn't Adobe taking the lose as much as the independent and Open Source developers.

    --
    Spell cheek you've failed me four the last thyme!
  47. Re:Quaint by mpapet · · Score: 3, Insightful

    A code of conduct that says "using pirated business software in your business is wrong."

    It just doesn't work in the non-western world.

    Who cares, we couldn't afford it anyway is the usual answer....

    --
    http://www.maxineudall.com/2010/02/should-economists-be-sued-for-malpractice.html
  48. piracy is vital for sw companies by l3v1 · · Score: 3, Insightful

    What I mean is, if there was no way to pirate high price commercial software, Linux and other FOSS software would have gotten much much more widespread. Piracy for commercial use (i.e. companies making loads of money with pirated sw) are ones which probably would have the money to pay but they don't so that could be called potential sales (and _not_ lost sales), but piracy for home use is nothing else than free promotion and advertising - it's not just about buying the software, it's about people gathering knowledge of use of these software and the potential sells for them later on. I think they just make too much fuss about this whole sw piracy issue. I'm not saying they should charge less or null for their software, but claiming that every pirated copy is a lost sale is just stupid and ignorant.

    And of course they know this all too well, since you can't sanely think these companies employ and rely on stupid people. But they just love to talk about big number of hypothetical fairytale lost sales money to impress sixpacks and politicians.

    --
    I am putting myself to the fullest possible use, which is all I can think that any conscious entity can ever hope to do.
  49. Re:this may be so but... by shutdown+-p+now · · Score: 4, Insightful
    However, I think it is very important to realize that this is a moral failing on my part. To pretend that it is not my moral failing, but wholly the failing of the developer to not recognize his own best interest that causes me to pirate software is to commit a crime far wose than theft. It is to essentially deny developers as rational entities. Another way to put it is to deny that they have rights, or they have personhood.
    Whether they have right to monopoly over their creations is a debateful point. If you are in a pro-copyright-as-it-is camp and pirate software, then you're obviously being morally inconsistent. But keep in mind that copyright is not an intrinsic right, it's granted by the people in the interests of the people. Some believe that it is now being abused, and piracy is just a response to that, in which case it is not necessarily unethical. Some go further and believe that "copyright is theft"; from this point of view, piracy is outright beneficial.

    In short, noone argues that copyright violation is illegal. But it is not universally unethical - it depends on where you stand on other issues.

  50. GIMP - yes by CypherOz · · Score: 4, Insightful
    Most wouldn't download Gimp, they wouldn't know what Gimp is. They would stop using their PC for photo editing.
    Necessity is the mother of invention. Assume all SW is now pirate proof. People would find out about GIMP real quick. In fact enforcing anti-piracy will help the FOSS movement imensly.
    --
    You want a signature? You can't handle a signature!!
  51. Open Source by MrSteveSD · · Score: 2, Interesting

    On the UK BSA website it says...

    Welcome to the Business Software Alliance UK website. We are here to help businesses avoid software licensing problems.

    If that is truly their aim, they should be pressing for businesses to use Open Source software. Searching for "Open Source" on their site reveals that the term occurs only once, in one document. They could also point out the dangers of investing your companies future in proprietary solutions. e.g. I work for a company that has invested hundreds of thousands of pounds in Visual Basic (pre .NET) development and this investment has been blown away by Microsoft's decision to discontinue VB (VB.NET is not VB).

  52. Reported to the SEC? by goldfndr · · Score: 3, Interesting

    Have these losses been reported to the SEC? If they truly are losses, then the BSA members have an obligation to their shareholders to report these losses.

    --
    Copyrights, Patents, Trademarks: temporary loans from the Public Domain, not real property ("intellectual" or otherwise)