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Piracy Stats Don't Add Up

arenam writes to tell us Australian IT is reporting that a recent briefing for the Attorney-General's Department prepared by the Australian Institute of Criminology draws certain piracy statistics into question. From the article: "The draft of the institute's intellectual property crime report, sighted by The Australian shows that copyright owners 'failed to explain' how they reached financial loss statistics used in lobbying activities and court cases. Figures for 2005 from the global Business Software Association showing $361 million a year of lost sales in Australia are 'unverified and epistemologically unreliable,' the report says."

258 comments

  1. in other news by macadamia_harold · · Score: 5, Funny

    Figures for 2005 from the global Business Software Association showing $361 million a year of lost sales in Australia are 'unverified and epistemologically unreliable,' the report says.

    In other news, the sky outside appears to be a "blue" color, and when dropped, most objects behave in a "falling" manner.

    1. Re:in other news by Umbral+Blot · · Score: 2, Funny

      Word on the street is that the pope is catholic too, and that bears shit in the woods.

    2. Re:in other news by Anonymous Coward · · Score: 1, Insightful

      Word on the street is that the pope is catholic too, and that bears shit in the woods.

      I call shennigans.What about circus bears?
    3. Re:in other news by gbulmash · · Score: 1

      Yes, but there's video proof that bears shit in the woods.

      - Greg

    4. Re:in other news by salec · · Score: 4, Funny

      Regarding your sig and this topic: "#6. When describing the size of a treasure, a pirate is required to exaggerate by at least 130%."

    5. Re:in other news by Anonymous Coward · · Score: 1, Funny

      No circus bear, even if there was a catholic one, ever became a pope!

    6. Re:in other news by Anonymous Coward · · Score: 0

      Word on the street is that the pope is catholic too, and that bears shit in the woods.

      This, however, contradicts previous reports from the RIAA, which claimed that the pope shits in the woods and that bears are catholic. RIAA representatives were not available for comment.

    7. Re:in other news by Gilmoure · · Score: 1

      What about the Bear Pope?

      --
      I drank what? -- Socrates
    8. Re:in other news by indifferent+children · · Score: 1

      Ah yes, the Pontifex Ursus. But what about the thousands of Discordian Popes?

      --
      Censorship is telling a man he can't have a steak just because a baby can't chew it. --Mark Twain
    9. Re:in other news by Anonymous Coward · · Score: 0

      He shits in the woods, and then feels guilty about it afterwards, of course. :-)

    10. Re:in other news by Ana10g · · Score: 1

      Ahh, but does the pope shit in the woods? (sorry Mr. Lebowski!)

      --
      just an analog boy living in a digital age.
    11. Re:in other news by Gigaflynn · · Score: 1

      lol, tell me about it it was like that article a few weeks ago saying people wanted rid of bush

      --
      "Neo, follow the white rabbit"
      "Can i eat the white rabbit?"
      "No, there is no spoon to eat it with"
  2. Recent Studies by Anonymous Coward · · Score: 1

    Recent Studies show that the RIAA lost a kajillion trillion dollars in lost revenue - and someone asks - but wait RIAA, isn't that more than the liquid value of the world economy? Finally the truth is revealed! Piracy has foiled their plot for world domination this year, and every year recently - and this has prevented them from gaining the total value of the universe!

    PS. First post?

    1. Re:Recent Studies by h2g2bob · · Score: 1
      isn't that more than the liquid value of the world economy
      It's already well known that the cost of piracy is more than the GDP of France
  3. this is rather good by laejoh · · Score: 0

    'cause I'm fed up hearing any kind of reasoning like:

    There are 2000 pc's sold so how come we only sold 100 Windows XP licenses? It must be pirates!

    1. Re:this is rather good by Dhalka226 · · Score: 4, Insightful

      That comment seems reasonable to me. Assuming the 2000 PCs sold was a fairly random sample (as opposed to, say, some guy selling them in the lobby of some Linux conference or something), and that none of them came with Windows (old or new) installed, only having 100 licenses purchases for that bundle almost certainly does point to piracy. An OS with around 90% desktop market share that only sells enough licenses to account for 5% of computers would be a colossal statistical anomaly without some explanation, and in this case piracy seems a reasonable one. It becomes less reasonable if they claimed that there were 1900 copies pirated because it fails to account for other OS choices that may have be used.

      The real problem is with things like, "1700 copies of XP were pirated -- at $200 a copy, we've lost $340,000!!!" Because that's just bunk. Most of the people who pirated XP would never have paid for it, so it is not a lost sale.

      That is what the music industry is doing. In fact they are worse, because I'm fairly certain they're going "1700 songs were pirated -- at $12 a CD..." despite the fact that there may be multiple songs on a CD downloaded, etc.

    2. Re:this is rather good by Valacosa · · Score: 5, Informative

      That's not even taking into account site licences. Any computer I have ever bought on behalf of the university I worked for was purchased without an operating system. The university has an academic site licence for Windows, and students can get a legit copy for free as well. Why then would I shell out $200 for the convenience of having Windows preinstalled?

      But man does that have the potential to screw up the piracy stats!

      --
      "Live as if you'll die tomorrow." Ridiculous. You could die later today.
    3. Re:this is rather good by DRobson · · Score: 1
      Most of the people who pirated XP would never have paid for it, so it is not a lost sale.
      While I agree with that statement regarding music I have to disagree regarding operating systems. Short of Windows the average user has really only two alternatives: OS X or Linux. People aren't going to be buying OS X simply because Windows costs a lot, and I would postulate that very few people would be choosing Linux simply because of the cost (Amongst nerds, yes. General population, no).
    4. Re:this is rather good by jimicus · · Score: 1

      Most of the people who pirated XP would never have paid for it, so it is not a lost sale.

      That argument is repeated over and over, yet there's no way to test it.

      Let's assume a theoretical universe where it is absolutely, positively, categorically impossible to pirate XP. Not "difficult". Impossible.

      Let us further assume that, just like in this universe, XP has 90%+ market share.

      What's more likely:

      1. Something else will take market share.
      2. Sales of PCs without operating systems are almost entirely unheard of. (Not just unusual, as they are right now).

    5. Re:this is rather good by delinear · · Score: 1

      1. Next question?

    6. Re:this is rather good by 91degrees · · Score: 5, Insightful

      Windows has always been competing with older versions of windows. I have a legitimate copy of Windows XP. If I buy a new machine, I'm not going to pay the extra for Vista. I'll just install XP on the new one and if I feel like being legitimate, I'll wipe the old one and install Linux on it.

      No piracy. No lost sales.

    7. Re:this is rather good by Mhtsos · · Score: 2, Insightful
      Let's assume a theoretical universe where it is absolutely, positively, categorically impossible to pirate XP. Not "difficult". Impossible. Let us further assume that, just like in this universe, XP has 90%+ market share.

      No way windows would have 90%+ market share if not gor the EasyPirate(TM) feature.

    8. Re:this is rather good by blackest_k · · Score: 1

      I thought I might creatively show how not only are the figures for Piracy of XP over the top but that in fact Microsoft is abusing its power in the market place to sell unneeded licences.

      Site Licences already mentioned,
      Transfering os from an older system to a new one. certainly legal if you bought a retail licence and didn't Xp allow you to install on 2 PC's (Desktop / Laptop).
      buying a copy for a better price from elsewhere.
      Ubuntu installs and other Linux versions.
      Other Windows Versions 2000, ME or 98SE (still available as retail packs if you look hard enough)
      Installed copy of OSX86 (yeah probably pirated but not pirated from Microsoft)
      BSD mustn't forget about that either and honerable mentions to BEOS and OS2 warp and a dishonerable mention for a copy of SCO Unix.
      mustn't forget Beta test/ release candidate versions of Vista.
      http://www.microsoft.com/windowsvista/getready/pre view.mspx

      Is it possible that some people realise that Vista is due for release soon and decided not to buy XP when
      Vista will be available to buy shortly?

      To assume 1900 PC's had Pirated copys of XP Pro isn't credible, perhaps in 4 weeks time it will be pirated copys of Vista Enterprise.

      ok so 1900 copys of BEOS is also unlikely but for many Linux users paying the Microsoft Tax is abhorent and buying a barebones system without an OS is preferable

      Might I also suggest that the cost of buying a PC with XPhome and one without an OS is generally comparable
      for the small difference in price in most retail bundles. Is it worth the hassle what with WGA making regular checks to see if its on a legal copy of windows today.

      It is also a false comparison to say that 2,000 Pc's were sold and reflecting the share of 5% of Desktops running Linux that would only account for 150 PC's being bought for Linux use.
      The vast majority of PC's running Windows will have been bought with Windows preinstalled and of the overall
      sales of PC's 2000 barebones systems probably would account for less than 5% of annual PC sales in Australia.
      I would put it to you that its likely that over 95% of PC's sold in australia came preinstalled with Windows and overall more Windows Licences were sold than are actually in use and if that is true it's not a case of piracy costing sales but of Microsoft exploiting and controlling the market to such an extent they are literally getting money for nothing (and when the deal with novell takes effect Microsoft will be getting paid royaltys on installations of Suse Enterprise Linux as well).

      The truth is we do not know how many of these PC's are running legal operating systems and no way of knowing without physically checking.

    9. Re:this is rather good by jimicus · · Score: 1

      Except that as far as Microsoft is concerned, an OEM license may only be used on the bit of tin that it was shipped preinstalled on.

      No idea if this has been accepted in a court of law yet, though.

    10. Re:this is rather good by Anonymous Coward · · Score: 1, Insightful

      The real problem is with things like, "1700 copies of XP were pirated -- at $200 a copy, we've lost $340,000!!!" Because that's just bunk...

      Particularly when you consider that loss is only what money the company puts into the product, which is only a fraction of the retail price.

    11. Re:this is rather good by molarmass192 · · Score: 2, Insightful

      Granted ... but you're neglecting the fact that if XP was not "piratable", most people would have likely stuck with their prior version of Windows, not ran out and bought an upgrade.

      --

      Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws-Plato
    12. Re:this is rather good by 91degrees · · Score: 1

      Perhaps. But the argument certainly applies to retail versions. Then you're squeeky clean even according to the EULA.

      Ultimately my examples just an illustration. We have no way of knowing how many people are going to buy a barebones PC and transfer their OS. I just gave it as an example of a case where you might legitimately want a PC with no OS.

    13. Re:this is rather good by Anonymous Coward · · Score: 0

      A - installing an OS you already owned = piracy.
      B - installing any other OS = piracy.
      C - repairing a PC and not buying a new OS = piracy.
      D - any other reason they can think of = piracy.

      Sorry, but do not give them any credit.... they did not do anythign carefully and certianly did not make sure it was a balanced and fair sampling.

    14. Re:this is rather good by Don_dumb · · Score: 2, Insightful

      1. I have a legit copy of Windows XP, but I dont think it is OEM
      2. I have the same box that I originally installed XP on. Although all of the actual bits that make up the PC have been replaced at least once. --- Sort of a "Same broom, several different handles, several different heads" kinda thing.
      I really dont think I have violated their license, as it had no connection to a specific PC and I only ever have had it installed on one PC, despite that PC changing.

      I could easily buy a new PC and then install that copy onto the new box, as long a I wiped the old one I haven't pirated XP, but that would be counted as a pirated copy using the "PC brought with no copy of XP" argument.

      Statistics used by any arm of the government should not be produced by those who have a vested interest in a particular result of that report. Statistics are lies when they aren't based on facts.

      --
      If this were really happening, what would you think?
    15. Re:this is rather good by Haeleth · · Score: 1

      didn't Xp allow you to install on 2 PC's (Desktop / Laptop).

      No, it didn't.

      "You may install, use, access, display and run one copy of the Software on a single computer" (emphasis mine).

    16. Re:this is rather good by ThePhilips · · Score: 1

      Sorry, but do not give them any credit.

      That's why it is called F.U.D. It's not about piracy and damages - it's about threatening existing users into being afraid doing anything with their computers and buying new ones as solution to any problem.

      balanced and fair

      When last time have you seen a PR campaign fitting the criteria? I have seen none.

      --
      All hope abandon ye who enter here.
    17. Re:this is rather good by Anonymous Coward · · Score: 0

      I must say, if piracy ended, and I had to pay full price for everything, I just wouldn't - I'd do without.

      I'm not a big pirate, I admit I've got a couple dozen tracks off the internet (just where they were offered for download - I don't do filesharing or newsgroups) and I've got a dodgy copy of XP (my other PC is actually legal i.e. came with bundled Windows).

      But I just object to paying so much money for what doesn't seem like a decent product. I balk at paying £30 for a computer game, so I tend to wait 6 months and get it for £15, and I don't see how something as 'ubiquitous' as Windows, can possibly charge so much for a copy, when lets face it if it cost £50 or less, no-one would care less and would just buy the thing - I bet they'd up profits despite the price ditch.

      As it is I kinda hope they stop piracy altogether - home users would have to stop using Windows as it's just not economical for home use at that price, then pressure would be put on business to switch over to what the users are used to and within the century Windows vanishes.

    18. Re:this is rather good by dubl-u · · Score: 1

      While I agree with that statement regarding music I have to disagree regarding operating systems. Short of Windows the average user has really only two alternatives: OS X or Linux. People aren't going to be buying OS X simply because Windows costs a lot, and I would postulate that very few people would be choosing Linux simply because of the cost (Amongst nerds, yes. General population, no).

      Really? I'd bet otherwise. If the choice is paying a big chunk of dough for Windows or getting Linux (which looks about the same these days) for free, I would expect a lot of people to take the free option.

      That's especially true in the third-world countries I'm familiar with. There Microsoft owes its hegemony only to lax copyright enforcement policies. And I expect that they're doing it on purpose. Although they convieniently forget it when it comes time to count up the "costs" of piracy, I'm sure they know that letting people who would never buy their software have it for free is just as good for them as the first-hit-is-free approach is for crack dealers.

    19. Re:this is rather good by blackest_k · · Score: 1

      that would have been office then (retail not OEM)
      http://www.microsoft.com/technet/community/chats/t rans/sysbuild/05_feb04_sb.mspx
      quite an interesting page, seems you can get an OEM licence with purchasing hardware such as a mouse.

    20. Re:this is rather good by Anonymous Coward · · Score: 0

      It also doesn't account for ungrateful (to u$oft) bastards like me, whose motherboard croaked, but on the new machine, reloaded that lousy old copy of W98SE that has worked just fine for running the programs that I want to - running a spreadsheet or two, writing a note, copying and burning all my old vinyl onto some CDs and surfing for pr0n :-).

      I've got some experience with RH6. When W98 finally goes down for the last time, I'll still refuse to bend over for Bill. At this point Linux is not worth the trouble, but eventually...

  4. Silly pirates... by databank · · Score: 4, Interesting

    I chuckled at the quote in the article:

          "Some industry groups were reluctant to work with researchers, because of concern about data leaking to competitors."

    All I could think of was..."Ha..ha...we have more pirates then YOU DO!"

    Seriously what kind of "data" could piracy statistics be used by the competition?

    1. Re:Silly pirates... by clacke · · Score: 1

      Sales figures, pricing, margins.. These things are considered trade secrets in most businesses.

    2. Re:Silly pirates... by databank · · Score: 1

      Ah, but that's what's so silly about it. According to the definition of a trade secret at wiki.lawguru.com (http://wiki.lawguru.com/index.php/Trade_secret), a trade secret is "...a confidential practice, method, process, design, the "know-how" uses might confuse consumers as to the origin or nature of the goods once the mark has been associated with a particular supplier."

      If anything, showing statistics on pirace should "clarify" the origin or nature of goods such as CD distributions and costs.

      Unless of course the RIAA are trying to "hide" the costs so that no one can see how much they might be screwing the public...(my humble opinion of course.)

  5. There is only one number they can be sure of by aadvancedGIR · · Score: 3, Interesting

    It's how much they pay politician to pass laws in their favor and losy tech firms to invent crappy DRMs, maybe that's where the 361M$ comes from.

    1. Re:There is only one number they can be sure of by dbIII · · Score: 2, Informative
      It's how much they pay politician to pass laws in their favor

      Bribing politicians is illegal in Australia and we have actually put corrupt polititions in jail so we don't have a powerful lobby system like the USA. It is also a lot cheaper to run for office than it is in the USA so large donations are not as necessary. That said - people have got residency visas almost immediately after donating to the right party so corruption does still exist - it's just there are checks and balances that keep it down and make it a big risk.

      One thing I think that helps is that all adults have to vote - not even silly rules about stripping citizenship from convicted felons.

    2. Re:There is only one number they can be sure of by grimwell · · Score: 1

      not even silly rules about stripping citizenship from convicted felons.

      Hmmmm, wonder if that has anything to do with Australia starting life as a British penal colony? Sorry, couldn't restist. /don't have anything against Down Under

      --
      If the govt becomes a lawbreaker, it breeds contempt for law, it invites man to become his own law, it invites anarchy
    3. Re:There is only one number they can be sure of by celotil · · Score: 3, Informative

      Hmmmm, wonder if that has anything to do with Australia starting life as a British penal colony? Sorry, couldn't restist. /don't have anything against Down Under

      No offence taken, mate. According to the state records of New South Wales, our first policemen were convicts. :)

      The following is from The NSW State Government Archives:

      Historical Background

      In August 1789, Arthur Phillip established a night-watch which came under civil control. It consisted of eight of the best-behaved convicts in the Colony. This was the first Police force in the country.

      --
      Te Quiero, Puta!
    4. Re:There is only one number they can be sure of by bangzilla · · Score: 1
      "All adults
      • have
      to vote" - really? How is this enforced? What's the penalty for not voting?
      --
      Rich people are eccentric. Poor people are strange. Me, I'd be happy with odd.
    5. Re:There is only one number they can be sure of by Elemenope · · Score: 1

      IIRC, a citation backed up with a fine. Unlike the USA, many democratic republics take the whole 'duty to vote' thing seriously. The *least* we could do is make today a nat'l holiday...

      --
      All the techniques ever used to make men moral have been themselves thoroughly immoral... (Nietzsche)
    6. Re:There is only one number they can be sure of by RangerElf · · Score: 1

      Same as in Chile, all registered adults
      have to vote, else, face severe fines
      and probably jail time.

      Voting is a legal obligation, I hope
      something like that is enacted here
      in Mexico too.

      -gca

    7. Re:There is only one number they can be sure of by JackieBrown · · Score: 1

      I wish I had the day off

    8. Re:There is only one number they can be sure of by johnw · · Score: 1

      ISTR from when I lived there that you don't actually have to vote - you just have to turn up and be counted. Having appeared at the polling station you're free to vote or not as you prefer.

      I don't know what the penalties are for not appearing, but I have a vague recollection that you can be fined.

      John

    9. Re:There is only one number they can be sure of by compro01 · · Score: 1

      A minor fine, IIRC, though according to a couple friends of mine, it's pretty easy to get out of with pretty much any excuse you can think of. or if don't want to vote for whatever reason, simply turn in a blank or otherwise fouled ballots and you still count as having voted.

      they enforce it simply by checking your name off the list of registered voters when you turn in your ballot.

      --
      upon the advice of my lawyer, i have no sig at this time
    10. Re:There is only one number they can be sure of by Amazing+Quantum+Man · · Score: 1

      And do you really want voting who only know that "My opponent is a baby-raper"?

      --
      Fascism starts when the efficiency of the government becomes more important than the rights of the people.
    11. Re:There is only one number they can be sure of by A_Non_Moose · · Score: 1

      One thing I think that helps is that all adults have to vote - not even silly rules about stripping citizenship from convicted felons.

      (Tounge in cheek)

      Yeah, once the Brits did it, there was no point after that, eh?

      --
      Have you read the moderator guidelines? Well, have you, PUNK? (and I want a Karma: Gnarly option)
    12. Re:There is only one number they can be sure of by Elemenope · · Score: 1

      No, and you misinterpret me. I did not say that those democracies had the correct approach, but only that they were approaching the problem seriously, whereas America has basically given up. I think it an inappropriate use of the State's coercive power to mandate the exercise of the franchise. However, I think it entirely appropriate for the State to remove as many practical barriers to voting as is practically possible, by for instance making voting a task which does not conflict with labor.

      --
      All the techniques ever used to make men moral have been themselves thoroughly immoral... (Nietzsche)
    13. Re:There is only one number they can be sure of by mastropiero · · Score: 1

      In the case of Ecuador, a small card is emmitted with your fingerprint in it and it is given to you after you come out of the ballot. It is required to be shown for every procedure, either private or public. Examples include: opening a bank account, applying for a job, car registration, applying for insurance... it goes on. If you don't have the latest voting document, you're screwed basically.

    14. Re:There is only one number they can be sure of by Amazing+Quantum+Man · · Score: 1

      Sorry, I thought you were espousing mandatory voting. My mistake.

      --
      Fascism starts when the efficiency of the government becomes more important than the rights of the people.
    15. Re:There is only one number they can be sure of by Macgrrl · · Score: 1

      Some people would say that it simply saves time to hire NSW policement who have already been to jail...

      (Disclaimer - I come from a family rife with NSW police, including a former Police Commisioner)

      --
      Sara
      Designer, Gamer, Macgrrl in an XP World
  6. Reasoning by jac89 · · Score: 5, Insightful

    Of course they dont want to share how they come up with their data. They know that simply equating downloads to lost sales is not an accurate prediction.

    1. Re:Reasoning by aadvancedGIR · · Score: 3, Interesting

      In court, they do not even try to equate them, their figure is more in the line of 1 download = 100 to 1000 lost sales.

    2. Re:Reasoning by XaXXon · · Score: 1, Funny

      That IS an equation. Just.. for the record.

    3. Re:Reasoning by Anonymous Coward · · Score: 2, Funny
      Of course they dont want to share how they come up with their data. They know that simply equating downloads to lost sales is not an accurate prediction.

      Sure it is. Hell, I lost $4 million in record sales last year because I haven't put out an album and don't have any musical talent. I wonder who I can sue.
    4. Re:Reasoning by mgblst · · Score: 1

      Yeah, but it is not equal to, which is what equate means. It isn't short for equation, you know.

    5. Re:Reasoning by Itchy+Rich · · Score: 1

      In court, they do not even try to equate them, their figure is more in the line of 1 download = 100 to 1000 lost sales.

      Wasn't that uploads?

    6. Re:Reasoning by clickclickdrone · · Score: 1

      > I haven't put out an album
      Fair Enough
      > and don't have any musical talent
      That is no barrier to releasing an album - see most of the charts for further info.

      --
      I want a list of atrocities done in your name - Recoil
    7. Re:Reasoning by tehcyder · · Score: 1
      I lost $4 million in record sales last year because I haven't put out an album and don't have any musical talent. I wonder who I can sue.
      You can sue me for not buying your non-existent album if you like.

      Unfortunately I will then counter-sue you for not buying my equally non-existant triple album for $12 million.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    8. Re:Reasoning by Wyndle · · Score: 1

      You need to at least have a valid product before you can claim a loss. The same goes for the industry, IMO they should not be able to considered half of their inventory for losses.

      I mean really, who that is a Beatles fan doesn't already have some vinyl and a few cassettes. Switching the format does not make the product worth more but it does drive home the need to revisit how long someone can hold IP rights before something becomes public domain. Going back to the Beatles example - how many times have you heard their music on the radio lately? In commercials? Elevator music? Seriously.

    9. Re:Reasoning by Anonymous Coward · · Score: 0

      equating downloads to lost sales is an acceptable prediction. What they know is that assigning 1 partial download session = 10 lost sales isn't acceptable.

  7. Is this really going to change things? by Spacelem · · Score: 3, Insightful

    I can't see these stats making any difference. The recording industry is highly unlikely to start making apologies for using bad data, and are going to use the best numbers they can come up with, accurate or not.

  8. "epistemologically unreliable" by Anonymous Coward · · Score: 0

    Those were exactly my words when I mentioned the piracy statistics in a conversation recently.

    1. Re:"epistemologically unreliable" by Homr+Zodyssey · · Score: 1

      I had no idea what the word "epistemologically" meant. Here's the definition in case you were dumbfounded by this word as well.

    2. Re:"epistemologically unreliable" by JackieBrown · · Score: 1
      At my job I see a lot of people who think they can raise their IQ with a thesaurus. It is funny to read company emails from morons who try to use words they don't understand.
      The person who wrote this is wrong.
      becomes
      The individuality who reproduce this is misconstrue.
      I can just imagine that person sitting back thinking how smart they now appear.
    3. Re:"epistemologically unreliable" by snurfle · · Score: 0

      Ahhh, yes... "epistemologically". My wife had one of those when our son was born!

  9. First Impression by TPS+Report · · Score: 2, Insightful
    From the article:
    The draft of the institute's intellectual property crime report, sighted by The Australian shows that copyright owners "failed to explain" how they reached financial loss statistics used in lobbying activities and court cases.

    If the author of the article wants to be taken seriously, he may want to do more than a basic spell check. I would think strong written skills would be reasonably important as a journalist. Perhaps not.
    --
    I was told that I could listen to the radio at a reasonable volume from nine to eleven...
    1. Re:First Impression by Xiroth · · Score: 3, Informative

      Uh, no. They are saying that they've seen the report, not that they're referencing it in an academic sense, which wouldn't make sense as they're not.

    2. Re:First Impression by threeofnine · · Score: 1

      I do not see the problem with the spelling, sighted means to see, or in sight of. Therefore sighted as used in the article is correct.

    3. Re:First Impression by jazir1979 · · Score: 1, Funny

      TPS is from the US, so we can forgive the poor grasp of English.

      Sighted is used correctly in this instance.

      --
      What's your GCNSEQNO?
    4. Re:First Impression by $RANDOMLUSER · · Score: 2, Funny

      TPS_Report is correct, "cited" is the proper word. Didn't you get the memo?

      --
      No folly is more costly than the folly of intolerant idealism. - Winston Churchill
    5. Re:First Impression by Stooshie · · Score: 2

      A spell checker wouldn't have picked that up anyway as both "sighted" and "cited" are valid, correctly spelled English words.

      The correct word to use in this context is, in fact, "seen".

      --
      America, Home of the Brave. ... .and the Squaw.
    6. Re:First Impression by Anonymous Coward · · Score: 0

      Isn't it correct to say 'seen'? 'Sighted' has a different connotation as in 'spotted through sights'. Or is Australian IT using binoculars to read reports?

    7. Re:First Impression by sasdrtx · · Score: 3, Insightful

      Parent should be modded funny, people.

      Anyone who thinks the article's author really meant the word 'sighted', is as clueless as he is. 'Sighted' in this context makes no sense; especially when it's a homonym for a word very commonly used in that context.

      --
      Most people don't even think inside the box.
    8. Re:First Impression by psmears · · Score: 3, Informative
      Uhh... are you sure about that?

      • The article is in Australian IT, connected to The Australian newspaper.
      • The report in question is a draft of a confidential briefing. So it hasn't been published, and so can't be "cited" in the conventional sense, by The Australian or anyone else.
      • It's quite common for newspapers to mention that they've seen unpublished material that they're writing about, usually with the phrase "seen by"
      • However, in Australia/NZ the phrase "sighted by" seems to be more common in this context.
      I'd say there's a very good case for "sighted" being the word that was intended...
    9. Re:First Impression by Anonymous Coward · · Score: 0

      Except that "sighted" doesn't mean "seen". It either means "caught sight of" (He sighted a distant sail) or "having the ability to see" (Deep sea creatures, some sighted, some blind...). If the writer means "seen", then "seen" would be the appropriate word. From the context it seems probable he means "cited", a word that approximately means "quoted from", and is certainly not the sole property of academia.

      --
      Chris Bidmead

    10. Re:First Impression by Zontar_Thing_From_Ve · · Score: 1

      Uh, no. They are saying that they've seen the report, not that they're referencing it in an academic sense, which wouldn't make sense as they're not.

      You tell me which makes more sense.
      1) Use of the word "sighted" instead of "seen" when "seen" is shorter, more common in English and more easily understood by readers. In other words, your contention is that we have to believe that the writer deliberately chose an unusual verb in English to describe something rather simple.
      2) Another ignorant writer who doesn't know that the word he wants is really "cited". The use of this word makes perfect sense to me in the sentence, but then again, I don't think that choice number 1 here makes good sense.

      You have a rather interesting view of the English language.

    11. Re:First Impression by Anonymous Coward · · Score: 0

      While we're at it, if the writer/editor is going to put a comma before sighted/cited, they certainly should put a second one after "The Australian." For pity's sake, when will people learn to use punctuation correctly?

      I could claim that I didn't understand the meaning of the statement due to this grammar gaffe, but my confusion is more likely because I tried to switch to decaf this morning.

    12. Re:First Impression by Anonymous Coward · · Score: 0

      The article was written in Australian English, which is different from US English. For example, they spell "labeled" with three Ls: labelled.

    13. Re:First Impression by blackdropbear · · Score: 1

      If you read the context, the newspaper (The Australian) are claiming to have "sighted" (as in, seen) the report. They are not claiming to have referenced it. It happens to be common use for Australian journalists to advise when they have sighted a report rather than write an article based on heresay.

    14. Re:First Impression by sasdrtx · · Score: 1

      Hmmm. Well, you and the later replier make a good case. I wonder how and when that originated.

      --
      Most people don't even think inside the box.
    15. Re:First Impression by NoMaster · · Score: 1
      Use of the word "sighted" instead of "seen" when "seen" is shorter, more common in English and more easily understood by readers. In other words, your contention is that we have to believe that the writer deliberately chose an unusual verb in English to describe something rather simple.
      But it's not an "unusual verb" in this context - an Australian writer in an Australian paper targeting a slightly highbrow Australian audience.

      It may be an unusual verb in American English, but that's America's problem. It's certainly in common use (admittedly in both this correct and other incorrect contexts) in Australia, England, and quite possibly Canada too. So, yes, the writer did choose that particular verb, although it's not as unusual as you seem to think.

      As others have pointed out, it can't possibly be "cited" because the paper has not yet been published, quite possibly hasn't even been finished, and so no citation to a verifiable version can be given. Really, it's no different than "an unusual object has been sighted off the coast" vs "an unusual object has been seen off the coast".

      You yourself seem to have the view that the English language is exclusively American. That's interesting...

      --
      What part of "a well regulated militia" do you not understand?
  10. Industry numbers by Jewfro_Macabbi · · Score: 1

    Naturally there numbers are not based in reality. They assume x number pirated copies times retail sale value = amount lost. There's a completely different threshold however, between what people will download/copy for free, and what people are willing to buy.

    1. Re:Industry numbers by Xiroth · · Score: 1

      That'd make an interesting study - have a group of teenagers asked not to pirate for a period of six months or so, and a control group which maintains normal habits, then analyze how much each group spends on music.

    2. Re:Industry numbers by salec · · Score: 1

      Well, if you give them the money...

    3. Re:Industry numbers by Anonymous Coward · · Score: 1, Interesting

      Somebody should really do that. My estimate is that the abstinent group would buy much less music during the study and continue to do so afterwards. Music is an addiction and once you've survived the withdrawal, you realize how much crap you bought. Assuming that teenagers don't have enough money to satisfy their addiction legally, after six months without piracy they will have realized their situation and spend their money on more important things (like cellphones...).

    4. Re:Industry numbers by Pofy · · Score: 1

      >That'd make an interesting study - have a group of teenagers asked not to pirate for a
      >period of six months or so, and a control group which maintains normal habits, then
      >analyze how much each group spends on music.

      And if they spend more, what do they spend less on. Add in things like movies, games and also non purchable costs such as going to the movie, concerts and so on and see how it is all affected. Then we are starting to get closer to any effects and who it affects and in what way. After all, most people have limited budgets and money can't be made out of thin air to suddenly pay for more music (or whatever).

  11. Re:Think of the people you're hurting. by Lamtd · · Score: 4, Insightful

    What difference does it make ? You know you are going bankrupt anyway because people aren't interested in CD's anymore.

    Who cares about CD's when you only listen to music on your computer, portable MP3 player, or cellphone ? You can blame it on piracy all you want, but it's not going to change a thing; if you don't adapt to the market you have no chance to survive.

    It happened to other markets before, think about photo labs & photo films vendors, they are extincting as well because people are only interested into digicams now. The same is happening with music, CD is an outdated format and thinking you could still make a living out of selling CDs in 10+ years is just foolish - even if piracy were to stop.

  12. Re:Think of the people you're hurting. by bmo · · Score: 2, Informative

    "What difference does it make ? You know you are going bankrupt anyway because people aren't interested in CD's anymore."

    Psst, hey buddy, the post in question is plagiarized and it's 4 years old.

    http://slashdot.org/comments.pl?sid=77984&cid=6925 930
    http://www.kuro5hin.org/story/2003/10/2/103735/275

    YHBT.
    HTH.

    --
    BMO

  13. Re:Think of the people you're hurting. by bmo · · Score: 1

    "4 years old."

    Should be 3.

    I can't freakin' subtract. Either that, or I've just stepped out of TARDIS and I'm confused.

    --
    BMO

  14. Re:Think of the people you're hurting. by daranz · · Score: 2, Funny

    See, that's where RIAA and company get their statistics - they equate every posting of that to one bankrupt CD store.

    --
    This is a sig. It is appended to the end of comments I post.
  15. Pirated software is not a full loss by eebra82 · · Score: 4, Insightful

    I don't buy the general arguments that a pirated application worth $100 is a $100 loss. Many of those who pirate software are usually not in so much need of it, that they are willing to pay for it if pirating is no alternative.

    Additionally, one must consider the fact that if an application is popular among pirates, it is also likely to sell more copies of its software, simply because more people spread the word about this particular software.

    Last but not least, some people do buy software only after using it for some time. A perfect example is Photoshop. It's a typical application that requires a lot of time to learn and costs too much to just "check out" (and I'm aware of the trial version). Some of the graphics artists who find out that this really is a useful and valuable tool, may also purchase the application. So for starters, they help spread the word of Photoshop and they also become potential buyers.

    1. Re:Pirated software is not a full loss by Anonymous Coward · · Score: 0

      I used Photoshop and Indesign for lets say 1 year maybe less. And then when I really liked, I bought the software (Creative Suite CS). But the Activation-Shit made me stop wanting to buy an update to Creative Suite CS 2.

      The same is with windows XP, I probably won't ever buy a Vista Lizence only when forced to maybe...

      After having had enough problems with the Activation I will think twice in the future of buying a software when I know it's using activation.....

    2. Re:Pirated software is not a full loss by Anonymous Coward · · Score: 1, Insightful

      When people pirate an app they aren't going to buy because of the price, then the lost sale is usually counted against that app. I wonder how many pirated copies of Photoshop and InDesign are actually lost sales for Paint Shop Pro and PagePlus?

    3. Re:Pirated software is not a full loss by Spacejock · · Score: 1

      And there's something else nobody seems to take into account with these figures: If someone steals a widget from a shop, the loss is the COST PRICE of that item, not the price they would have sold it for if it hadn't been stolen. E.g. A music CD might have a wholesale price of $5 and a retail of $10. If shoplifted, the shop has lost $5, not $10.

      Now, most software includes a CD, a slender manual and a huge glossy box. Let's assume there's an application with a retail price of $799. If someone nicks a copy, what losses should the company selling the software be able to claim? The $799 or the cost of the disk + packaging + an allowance for development? If they download it the company can't even claim they lost the cost of the CD. Not only that, the $799 includes a projected cost of support and issuing patches, but if someone's pirated the app they generally won't be ringing up for support. And the patches have to be released whether you have 10 customers or 5000.

      I'm not defending pirates in any way - I derive income from the sales of a software application which I designed and coded. However, I don't think these anti-piracy bods are doing themselves any favours when they claim their 'losses' are bigger than the GDP of some small nations. For example, many people with pirated copies of a certain office suite would almost certainly (99%) adapt to OpenOffice instead, should they be forced to *gasp* buy a copy of the software they've been used to pirating. Claiming every one is a loss of $300-$1050 is disingenous in the extreme.

    4. Re:Pirated software is not a full loss by Dr_Barnowl · · Score: 1
      That's a dangerous route to go down, because it also leaves you open to rhetoric like "I wonder how many downloads of The Gimp or Paint.NET are actually lost sales for "
      1. Declare downloads of open-source and FreeBeer software to be lost sales for commercial products
      2. Declare the installation of such software to be a crime
      3. ...
      4. Profit!
    5. Re:Pirated software is not a full loss by kibbylow · · Score: 1

      From the article:
      Figures for 2005 from the global Business Software Association showing $361 million a year of lost sales

      The key being lost sales. Now I'm sure that the number is still inflated, but they're not talking about loss in terms of what they spent in making/shipping the product.


      Additionally, one must consider the fact that if an application is popular among pirates, it is also likely to sell more copies of its software, simply because more people spread the word about this particular software.


      I would tend to disagree that this is "fact". In the general population, I believe that if a person can get something for "free" then they will not pay for it. Most people either don't know or don't care that they are not following the license agreement.

      A perfect example is Photoshop.

      Yes, the key is that it's a "free trial". They give you a subset of the software to let you try it, usually for a limited amount of time. When a pirate installs Photoshop from his buddy's CD, what incentive does he have to purchase from Adobe? He already has the full version installed on his computer. An what happens if he does buy his own copy from Adobe? His CD sits there and collects dust, or would he take the time to uninstall the pirated version and install the legal version? I doubt it.

    6. Re:Pirated software is not a full loss by molarmass192 · · Score: 1

      That's why the numbers are almost always presented as "lost revenue", "lost sales", or "lost margins". The real fiscal loss is very close to zero, if not zero. There is no accepted accounting methodology I know of to report a lost sale that wouldn't sound the 5 alarm bell at any governmental financial auditing body, so they push their garbage accounting out over PR wires instead. I don't think piracy is right, but imaginary "lost sale" accounting is just as bad since it deceives share holders.

      --

      Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws-Plato
    7. Re:Pirated software is not a full loss by stubear · · Score: 1

      Just to clarify your comment, Adobe does not give users a subset of their products when they install trial versions, they get a fully working copy that expires in 30 days. That's plenty of time to evaluate the software and determine if it fits ones needs. The fact that their software is pirated is solely due to people wanting to get something for nothing, which is arguably the root of the anti-copyright argument as a whole.

    8. Re:Pirated software is not a full loss by tehcyder · · Score: 1
      Let's assume there's an application with a retail price of $799. If someone nicks a copy, what losses should the company selling the software be able to claim? The $799 or the cost of the disk + packaging + an allowance for development?
      Well, wouldn't the loss to the software company be the trade price it could sell it to a retailer for? If Shop X retails the software for $799 and it costs them $299 hasn't the software company lost $299? And the retailer $500? Making the $799 altogether?

      I bet if you broke into a car showroom and stole a Ferrari you'd be charged with theft of a vehicle worth the $500,000 (or whatever) it sold for, not the cost of the steel and labour used to make it.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    9. Re:Pirated software is not a full loss by AusIV · · Score: 1
      but if someone's pirated the app they generally won't be ringing up for support.

      That's not completely true:

      Pirates want support for steam.

      Windows Genuine Advantage was created to prevent having to provide support for pirates.


      Those are the only two cases I found quickly, but I'm sure there are others.

    10. Re:Pirated software is not a full loss by ajs318 · · Score: 1
      But look at it this way. John Thomas wants a program to type a few letters and do a few simple sums. He doesn't know about OpenOffice.org, so as far as he is concerned his choices boil down to:
      1. Buy Microsoft Office (which "everyone" uses) for £500.
      2. Buy XYZsoft Cheap Office Suite (claims 95% compatibility with MS Office) for £50, saving £450 vs. buying MS Office.
      3. Pirate Cheap Office Suite and save £50 vs. buying it.
      4. Pirate MS Office, saving £500 vs. buying it.
      Now, which is the best value for money?

      There's a wonderful paradox here: XYZsoft can be put out of business, and truthfully state it was due to piracy, even without anybody ever having to pirate a single copy of Cheap Office Suite! If it wasn't possible to pirate MS Office, the next best thing would be to buy Cheap Office Suite and save £450 ..... but it is possible, so that's exactly what John Thomas and all his friends do. And Microsoft's competitors are the ones who lose out every time.
      --
      Je fume. Tu fumes. Nous fûmes!
    11. Re:Pirated software is not a full loss by ejp1082 · · Score: 1

      The best example of this is with Windows itself. Let's say you're and entrepreneur starting a business. At the beginning, you have no income and very little cash on hand - you're going to minimize expenditures as much as is humanly possible.

      So are you going to start off paying hundreds of dollars for each Windows and Office license? Heck no. Odds are, you're going to start with pirated copies. As the business grows and you can afford it, you'll start to worry about license compliance, buy legitimate copies and send thousands of dollars to Microsoft.

      But let's pretend for a second that piracy wasn't an option, that Microsoft actually manages to come up with perfect DRM for it's software. Is that same entrepreneur going to pay the license fees Windows in the beginning? Heck no. In that situation, he'd probably figure out a way to make his shop run on Linux instead. And as the business grows and he gets to the point he can afford licenses... he'll still be running on Linux.

      That's how piracy helps the likes of Microsoft, Adobe, and some of these other software shops - "free" pirated versions help establish their software as "the standard". If they manage to lock out of the market all these people who couldn't afford to pay for it - small shops, college students, amateur enthusiasts, etc. - they'd lose their lock on the market.

      It used to be that when a friend needed an OS I'd give them a copy of XP (since inevitably they lost the restore CD's that came with their Dell or whatnot). Microsoft's anti-piracy measures with Vista are such that I'm starting to hand out Ubuntu CD's instead. Non-techies barely notice the difference once I've gotten their email working. But I'm sure Microsoft will start to feel the impact of that if enough users make the same decision.

    12. Re:Pirated software is not a full loss by Thaelon · · Score: 2, Insightful

      To further clarify, Adobe makes you jump through several of hoops to buy their $750 product.

      First off, you have to choose your region. Fine, that's not a big deal. Then if you're not allowing cookies, you're required to. Ok, I enabled those for that site. Now? Nope, site doesn't work in firefox. I get a blank page. So I open it in Internet Exploder and what do I get? No it still won't let me buy Photoshop. Instead, it tries to make you buy the suite. "Before you choose, consider getting Adobe Photoshop as part of Adobe Creative Suite Standard." No, that's not what I came here for, fuckers. So you click "add to cart". What do you think happens? It adds Photoshop to your cart? No, it doesn't. It throws a popup window in your face asking your to reconsider getting it as part of their stupid Suite for an additional $150. NO DAMMIT! I already told you I don't want your stupid suite! Finally you can check out. A process I imagine is similar to most online stores from here out. I don't know, I'm not actually buying it as I have all the creative talent of a brick in the mud. I just wanted to see what it would be like.

      So let's review:
      Required to select region (other sites can accurately detect this).
      Required to enable cookies.
      Required to use Internet Explorer.
      Required to select region (again).
      Presented with a page that has no option to select "Adobe Photoshop" by itself. The only highly visible link is for buying their stupid suite.
      Forced to hunt for the elusive product that I really wanted (I clicked a link that went to www.adobe.com/products/photoshop/) originally, but you can see where that got me.
      Click on Products -> Photoshop Family.
      Click on Adobe Photoshop CS2.
      Click Add to Cart.
      Get smacked in the face by a popup asking me if I'm sure I don't want some stupid suite for $900 instead of what I originally clicked on for $749.

      In short, it's probably easier to download for free (illegally) than to buy it. And of course, cheaper.

      --

      Question everything

    13. Re:Pirated software is not a full loss by AK+Marc · · Score: 1

      If Shop X retails the software for $799 and it costs them $299 hasn't the software company lost $299? And the retailer $500?

      How did the shop lose $500? They have 20 on the shelves, one goes missing, they order another for $299. They are out $299. The software company is out $0. This is how it works in retail, so the total loss is $299, not $799, and the distributor/creator is out $0. Those are the actual losses. If you want to guess as to what may have happened, you might as well assume that the customer would like the software so much he sends in a check for $1000 to the retailer to thank them for selling them such a nice product. Make that $1,000,000,000 - every piece of lost software costs the industry billions.

    14. Re:Pirated software is not a full loss by Mr_Tulip · · Score: 1

      That's the smartest thing I've read on the internet in a while.

    15. Re:Pirated software is not a full loss by rHBa · · Score: 1

      Agreed, basically software piracy is helping M$/Adob€ et al to retain their majority market share but they're so GREEDY they are complaining about it.

      It's like a crack dealer complaining about the terrible costs of giving away free samples!

      This theory doesn't sound so persuasive when it comes to media piracy though. After all, once an artist has an audience he/she has to *keep* making quality product to keep his audience.

    16. Re:Pirated software is not a full loss by NoMaster · · Score: 1
      That's the smartest thing I've read on the internet in a while.
      There are sites other than Slashdot and Fark, y'know...

      --
      What part of "a well regulated militia" do you not understand?
    17. Re:Pirated software is not a full loss by Mr_Tulip · · Score: 1

      myspace, youtube and digg?

    18. Re:Pirated software is not a full loss by stubear · · Score: 1

      I really wish moderators would moderate on the merits of the argument instead of their personal bias. You hate Adobe? Fine, but why moderate this comment as insightful when he's clearly full of shit. While I do not personally like the new Adobe store, it works just fine in Firefox. Also, Photoshop is only $650 unless you're purchasing it elsewhere in the world and fail to mention this fact. The process is designed to let users pick the software they want, the delivery method, alert you to alternative ways to obtain Photoshop (part of the Creative Suite for example), then to check out. I personally found there to be four major steps, and one of those steps was to dismiss the "want to purchase the Creative Suite instead?" dialog, before I was asked to continue shopping or to checkout. Real fucking hard I know. You can also go to the Adobe Photoshop page and click the "purchase Photoshop" link on the right sidebar. You are taken through a similar process with the same number of steps before getting to the secure checkout. It really amazes me to see how fucking stupid self-described computer geeks truly are. Either that or you're a bunch of pathalogical liars. Regardless, you're not as smart as you try to lead others to believe.

  16. Well duh... by ydra2 · · Score: 1

    '"Copyright owners often use street-value estimates to calculate losses, but this assumes that every person who bought pirated goods would otherwise have paid for a legitimate item, the report notes."'

    Baloney! The only reason for piracy is to get somthing you're not willing to pay for. If they were willing to pay for it then they would have paid for it, BUT THEY DIDN'T because THEY WERENT!

    Duhhh!

    '"There is a perception among some rights holders that they are in competition with each other over limited federal government resources," the report says.'

    '"They fear that if they reveal the nature of their relationships with government, such as the placement of well-connected Canberra lobbyists, they will jepordise their advantage."'

    Such advantage being "relationships with government, such as the placement of well-connected Canberra lobbyists."

    Well, duhhh!!

    Call me stupid but if your advantage is legalized EXTORTION wouldn't you want to keep it too?

    Well Duhhh!!!

    It's too stupid to comment on. The real issue is that some politicians buy into it, or, should I say, get paid into it. And yes even the honest ones get paid one way or another. Stock options, board of directors, cushy jobs for inept sons, various "deals," and on and on.

    It's bribery for them and extortion for us.

  17. black listing pirates from purchasing cds by Jolly_Fat_Man · · Score: 1, Interesting

    This is a market that is going to disapear. It's that simple. Kids no longer want a k7 (tape), or a CD, they want an Mp3 reader. This is the iPod generation. We few that still think that the CD sales will ever get better are kiding ourselves. Think about the LP that is out of style. Only colectors buy them. If I had all the music I have on CDs my house would be filled with them. This way I save space. To see it from a legal point of view this idea of yours would be very good. On the other hand, black-listing a person would be discrimination, besides a few other things. No one can be targeted as a criminal without being found, proven and tried guilty. What you are talking about is a crime. Innocent until proven guilty. Black-listing all those tipped to be criminals is a crime against human rights. You're not the Gestapo or P.I.D.E., you are a simple salesman of goods. Your market is disapearing, change your act. Make yourself a diferent kind of salesman. Instead of selling cds, offer the listening experience in a nice confortable manner. With coffee, and cakes. CDs are a dying breed and there is nothing that can be done about it. Pirates just see farther ahead that's all.

    --
    Blind are we who do not know that we are blind. The world has been boring ever since I got here.
    1. Re:black listing pirates from purchasing cds by pandrijeczko · · Score: 4, Insightful
      Dear Thief,

      Rest assured that if the RIAA or MPAA were to catch fire today, I would not waste any bodily fluids trying to extinguish the flames.

      However, please do not consider yourself as some kind of "Robin Hood" type figure purely because you "fight the establishment" and copy CDs. Morons like you give morons like the **AA the justification they feel they need to restrict what I, an honest discerning music lover, can and cannot do with the music I buy.

      If you *REALLY* care about the law, crime and your rights, you don't copy *AND* don't buy the products. You take the time, like me, to research what you plan to buy and decide for yourself if it is worth the money or not. Then you go find the cheapest retailer and buy the stuff you know will be worth the money.

      No, you're not a criminal in the same way a murderer or rapist would be, but you are still just a common thief. So stop with the "Jolly Roger Bottle Of Rum Pirate" glamourising and get used to it.

      Kindest Regards

      An Honest Person

      --
      Gentoo Linux - another day, another USE flag.
    2. Re:black listing pirates from purchasing cds by slaida1 · · Score: 1
      You take the time, like me, to research what you plan to buy and decide for yourself if it is worth the money or not. Then you go find the cheapest retailer and buy the stuff you know will be worth the money.

      How do you know for 100% sure that the product is worth the money for the particular need you have if you don't test the fully functional product first? You can research all you like but if the program costs, say 1000 dollars, you know you can't return the product if it still doesn't fit your needs after all the research and you just don't have that kind of money to throw away? And makers of said product won't give you test version or they give a version that's too crippled to know if you need it or not?

      How long research equals or surpasses that 1000 dollar purchasing price for something that might be useless afterall?

      Step down and see the real world where sensible people won't knowingly throw away thousands of dollars for something valuable looking that just might be a piece of shit instead when looked more closely.

      --
      Preserve old classics: copy your collection onto all hard drives.
    3. Re:black listing pirates from purchasing cds by pandrijeczko · · Score: 4, Insightful
      Please stop with the "Well, that's just the way it is so I'll have to live with it" arguments of futility.

      I've never spent anywhere near $1000 for a piece of software but, if I was going to, I'd probably insist on a demonstration and something to evaluate first; and if I didn't get those things, then I just wouldn't buy it and tell the producer why I wasn't buying it.

      Ultimately, it's the consumer who should dictate the way things should be, not the producer. Blame the lilly-livered, weak-minded consumers who have allowed software companies to get away with acting in this fashion up until now - and the thieves who have given them the justification to act that way.

      --
      Gentoo Linux - another day, another USE flag.
    4. Re:black listing pirates from purchasing cds by delinear · · Score: 2, Interesting

      If pirates didn't exist, **AA would have to invent them. Piracy is a convenient justification for **AA creating ways to control your media, definitely. If it didn't exist, they'd find a different justification. Your approach would work if sufficient numbers of people followed it (and I'm talking regular buyers, not pirates - after all pirates are already not buying, so not pirating as well wouldn't be any more of an economic burden to the **AA's). Unfortunately that's unlikely to ever happen, instead the masses will just blithely accept the gradual loss of usage rights. You might not agree with piracy, but at least it's a hot topic issue and brings this loss of rights somewhat more into the limelight.

    5. Re:black listing pirates from purchasing cds by pandrijeczko · · Score: 1
      I do not take that defeatist attitude.

      I'm fortunate enough to earn enough money to live very comfortably and to buy a lot more comfort items than I actually do. But I have had enough of being ripped off with crap music CDs, buggy software and poor quality movies, for example.

      Additionally, I don't see any one of those things as being vital to my existence - yep, it's a great buzz listening to a piece of good music, playing an excellent game or seeing a masterpiece movie but it's just entertainment.

      So I don't consider *anything* as being a "must have" - if it's good enough and cheap enough, I'll buy it, otherwise I'll leave it.

      I read lots of reviews, preview as much as I can and, as a result, I feel I get good value from anything I do actually buy now and actually spend much less than I ever did.

      And as for "usage rights", if I can't use a product in the way I expect to, I won't buy it. It's that simple and no amount of marketing or hype will convince me otherwise.

      And if a lot more people took my attitude, overpriced products and DRM would mean commercial suicide for any media company or software house. Now *REALLY IS* the time for the consumer to take back the power into his own hands and just be a little more discerning...

      --
      Gentoo Linux - another day, another USE flag.
    6. Re:black listing pirates from purchasing cds by styryx · · Score: 1

      You know that you don't own any of your music? It is merely licensed to you. How can you steal something that isn't in your possession? And what about the people who 'share' music? Wow, they must be losing so much money as the music is being 'stolen' from them, right? I mean, that's the source. If I came to your house and took one of YOUR music CDs, it is exactly equivalent, right? Exactly equivalent?!

      If you really cared about the law, crime and your rights you would be talking about justice. How much money goes to the artist every time you discerningly purchase a CD? Seriously, answer me that.

      It isn't stealing! It's not. Oh wait, well, maybe it is in 'newspeak' but I lost my dictionary, can I borrow yours, comrade?

      Plus how much money is actually being lost? I mean, really. Go here, and then talk to me about stealing.

    7. Re:black listing pirates from purchasing cds by KanshuShintai · · Score: 1

      A theif should have copyright infringement for personal use regarded as the least of his crimes. The act of depriving another person of his property certainly seems more heinous.

    8. Re:black listing pirates from purchasing cds by Eivind+Eklund · · Score: 1

      I know this feels like pedantry, but it's copyright infringer, not thief. And until you really make that distinction, you can't think clearly about these two very different crimes.

      --
      Doubting the existence of evolution is like doubting the existence of China: It just shows that you're uninformed.
    9. Re:black listing pirates from purchasing cds by Anonymous Coward · · Score: 0

      ...care about the law, crime and your rights, you don't copy...

      Which includes my own backup copies? Well, yes, if the industry has its way. I can't backup my DRMd content to my new whizzo server ('cos I did it to the old one). And the industry assumes everyone is a 'thief' up-front, regardless. Nice lot. No wonder I've given up buying virtually anything except classical music produced in East Europe (which produces cheap but good quality music).

    10. Re:black listing pirates from purchasing cds by csirac · · Score: 1

      How do you know for 100% sure that the product is worth the money for the particular need you have if you don't test the fully functional product first? You can research all you like but if the program costs, say 1000 dollars, you know you can't return the product if it still doesn't fit your needs after all the research and you just don't have that kind of money to throw away?

      I've bought expensive software before, including a CAD package that was over $2k. All software I've ever used, even the commercial stuff I have _NOT_ purchased, has demonstration/evaluation versions that are sufficiently functional to determine whether it's what one needs.

      Actually, no. There has been software that had no private evaluation version - a $10k SCADA package we were considering at work - and we had a salesperson come around to show it off, in person.

      All software I've ever wanted to buy and HAVE bought has evaluation versions.

      The "piracy for evaluation" excuse is a weak cop-out in my eyes.

    11. Re:black listing pirates from purchasing cds by pandrijeczko · · Score: 1
      You know that you don't own any of your music? It is merely licensed to you.

      I can buy a CD, listen to it when I like on whatever player I like for as long as I like. Plus I can rip it into a format suitable for another device, lend it to a friend or make an ashtray out of it. So what if I don't "own" it, I get enough "fair use" of it to justify buying it.

      How can you steal something that isn't in your possession?

      "Owning" and "in possession of" are two different things. I can be "in possession of" a rental video from Blockbuster but I don't "own" it. You're arguing semantics.

      And what about the people who 'share' music?

      I "share" music. I play my CDs in the car when other people are present, I let friends borrow CDs. Again, semantics.

      Wow, they must be losing so much money as the music is being 'stolen' from them, right?

      Why do I care? Honestly. All I want to do is buy good quality music at a reasonable price and get fair use from it. As an honest user, I don't want DRM inflicted upon me because I am not a thief.

      I mean, that's the source. If I came to your house and took one of YOUR music CDs, it is exactly equivalent, right? Exactly equivalent?!

      No, it isn't equivalent. If you took one of my CDs, I would care about that. If you steal music and that theft of music has no impact on my fair use or on the price I pay for it, I wouldn't give a damn. But it does, so I do.

      If you really cared about the law, crime and your rights you would be talking about justice.

      Erm, what about *MY* justice??? What about my right to being treated like a law-abiding citizen *UNTIL* I break the law??? What about my right to get fair use from something I buy without having restrictions forced upon me because some people choose not to pay for their music???

      How much money goes to the artist every time you discerningly purchase a CD? Seriously, answer me that.

      Again, why do I care? It's up to the artist to work out the terms and conditions of his/her contract with the record company. I just want to buy good music at a fair price. At least because I do *PAY* for my music, the artist gets something from me.

      Oh, BTW, next time you put on a pair of jeans or trainers, will you care how much a teenager was paid in a third-world sweatshop to make those items for you? It's the same thing...

      It isn't stealing! It's not. Oh wait, well, maybe it is in 'newspeak' but I lost my dictionary, can I borrow yours, comrade?

      It depends on how you define "stealing" - again, semantics.

      Plus how much money is actually being lost? I mean, really. Go here, and then talk to me about stealing.

      Like I said, I don't care. All I care about is getting good quality music at a reasonable price without any rights restrictions because I like music and am happy to continue buying it. If they DRM it, then I won't buy it - but I won't steal it either because I make a much stronger point by not handing over my money than I would by stealing music.

      You people who pirate are *NOI* music lovers - you're just into hoarding lots and lots of songs to impress your peers, nothing more than that. You cannot possibly *appreciate* that music you steal because it's all so "throwaway" to you - just delete it when it becomes unfashionable and download a whole heap more.

      When you own pieces of music that you've listened to for 10, 20 or 30 years, then maybe you'll understand.

      --
      Gentoo Linux - another day, another USE flag.
    12. Re:black listing pirates from purchasing cds by megastructure · · Score: 1

      We have to own up to the fact that selling hard-copies of a reproducible digital media is out of date. I remember reading on a /. comment that it's a matter of competition, and that the "pirated" media is more worthwhile than the original, legal CD. **AA will eventually have to accept the fact that times have changed, and that they will have to change likewise in order to maintain their grip on the media.

      One of the most heartening phenomena I've seen is the ability for an entirely independent artist to actually make it in this new landscape of virtual publication. If only 1% of artists previously got a record deal with a major label, now nearly 100% can have some degree of exposure on a worldwide network. Finding an audience is not nearly as challenging as it was a few years ago; bandwidth is cheap, and communities are coming together to offer social music networking (think http://last.fm/), which are amazingly bringing music that would never hear [sic] the light of day into the mainstream consciousness.

      Furthermore, it's easier to support your favorite artist now. Your money actually goes (in most cases) to the artist himself, instead of to a massive corporation (compare to CD sales which barely reaches your artist's pocket). I don't see it as a "rights-management" issue anymore; I simply see people who are willing to support an artist who creates music they like. It's kind of a reversal of roles, and it's very, very positive.

      Diversification of music, stronger ties between musician and listener, better usage of money paid to artists .... we're undergoing a natural process of eliminating the middleman in a changing "transaction" ... and what we call Piracy is sort of a bastard name for a mandatory stage.

    13. Re:black listing pirates from purchasing cds by pandrijeczko · · Score: 1
      Please don't twist my words into something they are not - someone stealing £5 from a little old lady has committed a far more heinous crime than some teenager downloading several thousand songs at the expense of some fat record company.

      The point I am trying to make is that music thieves think they are doing us all a favour in the belief that they are fighting against corporate oppression when, in reality, they just make it far more difficult and expensive for honest music lovers like me. That's why they are criminals, just like the RIAA, MPAA, etc.

      --
      Gentoo Linux - another day, another USE flag.
    14. Re:black listing pirates from purchasing cds by $1uck · · Score: 1

      I don't/won't download pirated items not so much b/c I'm honest but simply because I don't want any viruses/trojans/ or some kids crappy rip of a song. Besides there are cheap alternatives, emusic, audio lunch box, bleep.com alternately lots of labels (at least smaller ones) often offer mp3 sales from their own sites. Why steal when I can get a song for 25 cents? At that price I often don't mind paying twice to avoid trying to hook my turntables up to a pc. Hopefully more labels/artists will catch on to what people want (drm-free music) and the selection will get better, but that won't happen if people don't support these services.

    15. Re:black listing pirates from purchasing cds by Kjella · · Score: 1
      I've never spent anywhere near $1000 for a piece of software but, if I was going to, I'd probably insist on a demonstration and something to evaluate first; and if I didn't get those things, then I just wouldn't buy it and tell the producer why I wasn't buying it.

      Aye, and most of those do. Lack of demos/evaluations/express editions is a strawman argument for warez, usualloy combined with an artifical inflation of need. It's much easier to say "I couldn't afford $1000 for Photoshop" when in reality you were too cheap to spend the $50 tool you need (and too lazy to check out GIMP).

      Ultimately, it's the consumer who should dictate the way things should be, not the producer. Blame the lilly-livered, weak-minded consumers who have allowed software companies to get away with acting in this fashion up until now - and the thieves who have given them the justification to act that way.

      The consumer has very little market power when there's collusion, and there's plenty of that when it comes to formats. I buy DVDs despite that I hate CSS and region codes. I buy games despite them having annoying CD protections (except Starforce). And while I don't buy CDs often, I'd probably get those too with whatever rootkit they ship these days.

      Why? Because I want to promote good movies. Good TV series. Good games. Good software. Good music. Sure I could renounce pretty much everything under the sky, but I won't. I don't want to. With so much crippled content, inevitably there will be great content there as well. My "statement" to the market is
      • More LotR, less [crap]
      • More Firefly, less [crap]
      • More Neverwinter Nights, less [crap]
      • etc
      Ultimately, what you deliver is more important than how you deliver it. I wouldn't buy crap no matter the format it came on. That means the message of "I'm buying/not buying this because the format is good/bad" is completely lost in "I'm buying/not buying this because the content is good/bad". I put my money in trying to make sure that the content I want is there, one of many reasons is that format limitations can be worked around, while cancelled shows, abandoned software and content that never was produced in the first place can't. Another is that I know my purchases within a specifc niche has a lot bigger chance to influence that niche than trying to overturn the market as a whole.

      If you want to fight idealistic and futile battles, there's plenty to be had and many far more worthwhile. Pardon me if I spend my money trying to make sure there's a follow-up (sequels, new versions, whatever) to something I like very much, rather than join the cause. But if I wanted a cause, I'd rather fight global warming or pollution or endangered species or poverty or hunger or war or whatever, content purchases I'm in for the results. If anything they're hellbent on crippling content even more, which means I don't think you'll see any results in decades. It's like trying for peace negotiations (a noble thing) with someone whose position is: "We'll kill you on sight, and hunt you down until every one of you is dead abd your families too".
      --
      Live today, because you never know what tomorrow brings
    16. Re:black listing pirates from purchasing cds by Anonymous Coward · · Score: 0

      but you are still just a common thief.

      Dear Ignorant honest person,

      Please stop attributing a crime that does not relate in any way to the actual crime being discussed.

      "A person is guilty of theft, if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it".

      Understand that, even though there is the belief that the act of getting a copy of certain information (being it, a book, a movie, music etc) is illegal in the same basis as theft, it is really the act of distributing what is illegal.

      When someone commits the copyright infringement is when she/he makes a reproduction of the information without consent of the copyright holder (which may or may not be the author).

      There, please reffer to A review of the criminal law, section 16 of the theft act and Copyright Law of the United States to understand the differences.

    17. Re:black listing pirates from purchasing cds by jesdynf · · Score: 1

      Hold up there!

      It appears you have mistakenly used the word "thief", when you meant to use the phrase "infringing distributor of copyrighted or otherwise-restricted information". As you may not have been aware, using "thief" or related words, such as "theft", in this context is impermissible. "Piracy" is similarly inaccurate, although I'm fast losing ground there, but here I draw the line. You're damaging my language, and I will not permit you to conflate these two wildly disparate ideas without challenge.

      --
      Yahoo! Pipes are awesome. How awesome? http://pipes.yahoo.com/jesdynf/slashdot
    18. Re:black listing pirates from purchasing cds by pandrijeczko · · Score: 1
      Irrelevant.

      Call it "theft", "sharing", whatever you like... the fact of the matter is that as an honest music lover, it's an activity that means my right to fair usage is lessened.

      --
      Gentoo Linux - another day, another USE flag.
    19. Re:black listing pirates from purchasing cds by Dun+Malg · · Score: 1
      All software I've ever wanted to buy and HAVE bought has evaluation versions. The "piracy for evaluation" excuse is a weak cop-out in my eyes.
      It's only a weak cop out to you because your evaluation needs are fulfilled within the limited functionality of the eval version. Many years ago I installed the evaluation version of Borland C++ Builder 5. It took me 30 days just to learn the basics of how it worked well enough to even be able to test its suitability. I ended up flushing it out and installing a pirated copy. After 6 months or so it was clear that it'd be just what I needed, so I purchased a legitimate copy. No crippled or time limited demo would have done it, and a sales-drone coming in to show it off on his laptop certainly wouldn't do it either. See, for every anecdotal example there's a counter-example. Your sample size of one is statistically irrelevant.
      --
      If a job's not worth doing, it's not worth doing right.
    20. Re:black listing pirates from purchasing cds by ajs318 · · Score: 1
      someone stealing £5 from a little old lady has committed a far more heinous crime than some teenager downloading several thousand songs at the expense of some fat record company
      At last, someone gets it. Mod that person up.

      If you steal £5 from a little old lady (assuming she is living on a basic old age pension and not a lottery winner or anything like that), that is two hot meals she is not going to eat -- or maybe a present that a great-grandchild is not going to get. If you download a few songs without paying the record company, nobody actually loses anything. Maybe you might have bought an album, and the band might have made a few pence per song out of it; but the fact of you downloading the stuff doesn't necessarily mean that you aren't going to buy the album, nor that you would have done so if you couldn't have downloaded the tracks.
      --
      Je fume. Tu fumes. Nous fûmes!
    21. Re:black listing pirates from purchasing cds by AK+Marc · · Score: 1

      The point I am trying to make is that music thieves think they

      Well, you are either a music thief, or you don't know what they think. You may know what some people who tell you they are thieves say they think. However, you keep using "thief" even after you state you know it isn't theft. The definition of "theft" requires that someone suffer a loss of property. If I were to illegally copy a CD in my house, then immediately destroy it, I did break the law. I violated copyright. However, who lost anything, and what were their losses? That's the problem with labeling everyone a thief. Many of these thieves are doing nothing other the legally using their content in an illegal manner (like a DeCSS on Linux program being a violation of copyright law, but not being an illegal copy).

      Using "thief" to refer to all of them is a lie. It is inflamatory. It does not help you advance your position, nor make anyone else go "wow, I didn't know it was that wrong, I'll never do it again." So, if you'd stop lying (the purposeful use of knowingly false words in order to decieve), we'd all be better off. But I'm sure that's too much to ask. Oh, and I am not a thief.

    22. Re:black listing pirates from purchasing cds by syousef · · Score: 1

      Dear Honest Person,

      Your inability to distinguish between "common theft" and copyright infringement mean that not only are you an honest person but you're a FUD spreading honest simpleton.

      Using something that others have toiled to make without compensating them for it may be wrong but it's not theft. Just as rape is not murder though both are wrong and abhorrent.

      --
      These posts express my own personal views, not those of my employer
    23. Re:black listing pirates from purchasing cds by pandrijeczko · · Score: 1
      Dear Thief 2

      Please do not try to justify your theft by calling it something else.

      Regards

      An Honest Person

      --
      Gentoo Linux - another day, another USE flag.
    24. Re:black listing pirates from purchasing cds by Joce640k · · Score: 1

      "You take the time, like me, to research what you plan to buy and decide for yourself if it is worth the money or not"

      And how do you "research" music without getting hold of a copy and listening to it?

      --
      No sig today...
    25. Re:black listing pirates from purchasing cds by syousef · · Score: 1

      Dear Honest Person,

      I did not try to justify any illegal activity. I was clear in my condemnation of copyright infringement. Don't you dare accuse me of that. I compared theft vs copyright infringement to rape vs murder. If that's not condemnation what is? Please point to the paragraph where I said copyright infringment is justified because it isn't theft. You can't because I didn't. Your accusation is insulting to me and embarassing to you as it is proof that you're unable to make a solid logical argument.

      What you don't seem to understand is that if you don't diagnose the problem correctly you have no chance of resolving or minimising it. If you had a faulty motherboard, would you call it a CPU failure and swap the CPU, then wonder why it didn't work? Why then do you expect to rid the world of software piracy (or minimise it) by calling it something that it is not. That would seem to me foolish and obtuse in the extreme.

      --
      These posts express my own personal views, not those of my employer
    26. Re:black listing pirates from purchasing cds by csirac · · Score: 1

      You can justify it all you want. I'm not saying your reasoning and circumstances are false.

      But I'm not sure what your point is: nothing gives you the right to use other people's software except for their authorisation for you to do so. Without that, you're in the wrong. It's a pretty simple equation. Pretending you have every right to do it is just silly.

      Not that I think end-users pirating apps for evaluation are bad people, nor do they deserve punishment (unless they use it for financial gain, then financial compensation seems fair) - but I don't agree that people should expect to be able to "evaluate" things on their own terms however they see fit, contrary to the provisions the original authors originally planned. Generally a lot of thought is put into these things: if the evaluation product is not sufficient for you to perform the evaluation, then perhaps you can try talking to their sales reps to get an extension, or maybe you're not part of their target market, or something along those lines.

      Anyway, I don't really view "piracy for evaluation", but I do disagree with the "justification" for it.

    27. Re:black listing pirates from purchasing cds by slaida1 · · Score: 1
      The "piracy for evaluation" excuse is a weak cop-out in my eyes.

      I'm not presenting excuses here. I'm saying how things are: If there exist a way to use it for free, I will use it for free and IF I find myself not only playing around with it but actually using it, I will buy it or more commonly, try to find some freeware that does the same core thing I need.

      I like to use freeware becuse it's always available and if I can do everything I need with it, then all I ever need is internet connection and I'll have all the tools I need, legally. Many commercial progs have some core idea or function with lots of unecessary extras around it to make it look more complex and valuable than it actually is. I'll see what that core function is and go for freeware, thank you very much.

      --
      Preserve old classics: copy your collection onto all hard drives.
    28. Re:black listing pirates from purchasing cds by csirac · · Score: 1

      Fair enough. I don't mean to get on a high horse or anything, it's just frustrating when people avoid being responsible for their actions. Hell, I've used pirated software (see another post), but I don't prance around trying to justify it.

    29. Re:black listing pirates from purchasing cds by praxis22 · · Score: 1

      I think what really pisses "honest people" off is the fact that they pay for it while "the scurvy pirate" gets it for free, usually without the protection systems, etc. that honest people have to suffer through. Often, at least with Software, this is incredibly annoying.

      I cite in this "HalfLife 2" which I bought, and was unplayable for months, unless I used a crack, where other bugs then foiled me.
      and "Poser5" Which had a protection scheme, that caused the program to abort randomly, and occasionally shut down your whole PC.

      In both cases, the protection was ultimately removed to solve the problems.

      Then there is the Sony rootkit debacle.

      While I can understand the content producers need to paint copyright infringment as "theft" and I even agree with the adverts, in that people would not steal the actual hardcopy of any given item. I think it's time to recognise that no matter what you preach, or how high you preach from, most ordinary people who commit copyright infringement, have absolutely no guilt about it whatsoever. It's the lack of guilt, and indeed the fact that would not even think to be ashamed of such "normal" acts, that will eventually cause the content producers to settle. They can sue all they want, the horse has already bolted. Closing the stable door after the fact does nothing but draw curious stares from onlookers.

    30. Re:black listing pirates from purchasing cds by pandrijeczko · · Score: 1
      You read reviews on the Internet, magazines, etc.

      Like I said, I DON'T download any music, let alone illegal stuff.

      --
      Gentoo Linux - another day, another USE flag.
  18. Its about "utility"/value for money. by phelix_da_kat · · Score: 1

    Just my 2 cents...

    It is impossible to quantify because you cannot determine if you have actually lost a "sale".

    Put another way, with music you have heard it on the radio/MTV etc and you may choose to buy because you like the track (or buy the album because you like a number of the tracks).. as your "utility" of this product is probably quite high - you see value in this purchase.

    With software, if you cannot "try" it before, you maybe likely to "borrow" a copy. But more often than not that borrowed copy is not actually utilised and its left on the hard drive, and deleted once the owner needs more space. It is more of a "I want to try for a short time" kind of need, than the "I really need to use this product" kind of purchase. So utility is actually low.

    DVDs/films.. In London (UK) the tickets range from £8-£13 (about $15-25). I can see many people finding it difficult to justify seeing a film for this much, unless there is a USP (unique selling point). Have noticed the shorter lad time between cinema and DVD release. So I reckon one of the reasons people pirating is because they never actually planned to see it at the cinema but at the same time cannot wait for the DVD release..

    Have not covered all the reasoning, that would be a paper in itself..

    1. Re:Its about "utility"/value for money. by Anonymous Coward · · Score: 0

      As others have noted, piracy isn't anything new; people used to pirate music by taping other people's cds or albums. The difference is that the riaa claims that piracy is growing. But the claim is made based on the fact that sales are declining. After examining my own music purchases, I find this to be so not because I'm pirating more (never was pirating at all), but because I'm buying less crap. The ability to preview/sample tracks online means I don't get suckered into buying one-hit wonders or other crummy cds just because they've gotten a lot of promotion by the music industry.

      The problem with this explanation is that its simply unacceptable to the riaa because it would mean admitting that a lot of music is crap and that the only reason it sold in the past was because of the huge amounts of promotion it got and the inability for people to hear it before they bought it. Now that I preview before I buy, there are indeed a number of lost sales.

    2. Re:Its about "utility"/value for money. by SpacePunk · · Score: 1

      it's easy to quantify. If company A had a projected earnings of 20 million dollars, but only earned 10 million dollars, the 10 million dollar short fall against projected earnings must mean that they lost 10 million dollars due to piracy!

      See how easy it is?

    3. Re:Its about "utility"/value for money. by phelix_da_kat · · Score: 1

      Haha.. am sleepy, but not that sleepy ;-P I know I simplified my previous post.. But projected earnings are exactly what they say.. projected. To a point they do capture some of the information, but its still based on estimates, models and historical information. For example, they know an artist/actor has a certain pulling power.. or a genre of film has a certain target audience.. (actually this reminds me of an article I think that was in Wired.com that talked about how to make ther perfect script - with inputs based on the pulling power of its actors etc... ) they can "project" their profit, but just because they reckon it will have a certain turn over, does not mean if it does not, all those missing $$ are due to pirates. These people who project the numbers have a vested interest - if their film is projected with a higher profit for a small outlay then theirs is produced (sorry, simplified a bit there, but you get the drift).. And isnt that the point of this article??

    4. Re:Its about "utility"/value for money. by SpacePunk · · Score: 1

      Well, as far as films go, I don't know why the movie companies are in such a big snit... after all, according to them there's not one move that has made a net profit. They are all money losers on the movie company balance sheet.

    5. Re:Its about "utility"/value for money. by phelix_da_kat · · Score: 1

      True.. :-) I believe that many films do not make an actual profit, but its the "other stuff" that help them recoup most of the costs such as tieups and DVD sales http://www.businessweek.com/magazine/content/05_28 /b3942101.htm But with the forecast of flattening DVD sales, they are desperate to hang on to what they have.. as /. mentions many times, its about time the studios embrace a new marketing/distribution model. Also, they rely on that box office smash to cover the not so profitable ventures.

  19. I'll save everyone some time... by _Hellfire_ · · Score: 2, Informative
    --
    "And then I visited Wikipedia ...and the next 8 hours are a blur..."
  20. For the LAST time... by Anonymous Coward · · Score: 2, Insightful

    Identity infringement is NOT theft, you still have your identity!!! Calling it "identity theft" is playing right into the hands of giant corperashuns.

    Election infringement is NOT theft, you still have your election after all!!! Calling this a "stolen" election is playing right into the hands of giant corperashuns.

    Service infringement is NOT theft, you still have your services after all!!! Calling it "theft of services" is playing right into the hands of giant corperashuns.

    Sincerely yours,
    Brickheaded Literalist

    1. Re:For the LAST time... by Pink+Tinkletini · · Score: 3, Funny

      Nice try, but I doubt the pro-piracy blowhards on this site will catch the irony. They'll just keep stealing and stealing other people's IP until there's nothing left to take. Thieves aren't the brightest of folk, after all.

    2. Re:For the LAST time... by WilliamSChips · · Score: 5, Insightful
      Identity infringement is NOT theft, you still have your identity!!! Calling it "identity theft" is playing right into the hands of giant corperashuns.
      That's called "fraud", which isn't theft. Fraud and theft are different crimes, just as copyright infringement and theft are different crimes.
      Election infringement is NOT theft, you still have your election after all!!! Calling this a "stolen" election is playing right into the hands of giant corperashuns.
      That's called election fraud. That's fraud, which is not theft.
      Service infringement is NOT theft, you still have your services after all!!! Calling it "theft of services" is playing right into the hands of giant corperashuns.
      Fraud.

      Calling those theft are just helping ruin the English language.
      --
      Please, for the good of Humanity, vote Obama.
    3. Re:For the LAST time... by crashelite · · Score: 1

      Well then again open ended quotes in the artical were prefect english :) and most ppl on /. dont speak this so called english language you speak of. it has too many rules like using real words and having to know these things called definitions and some stuff called grammar then to top it off you have to know how to spell...way too much work for me i perfer to use the dink language for spaceballs!

      DI dink de di de di dink

      sorry i dont speak klingon

      --
      (yes i know i suck at spelling fell free to correct my grammar and/or spellin i dont care, im still not going to change
    4. Re:For the LAST time... by Anonymous Coward · · Score: 2, Funny

      Calling those theft are just helping ruin the English language.


      Like that sentence...

      You're right about the rest though :)
    5. Re:For the LAST time... by Anonymous Coward · · Score: 0

      I wish I had some mod points to mod you up and the parent wayyyyyyy down. The irony; going on a tirade about how the English language is being ruined and the grandparent can't even get his subjects and verbs to agree in number!

    6. Re:For the LAST time... by Pink+Tinkletini · · Score: 1

      A little inflexible with language, are we? I shudder to think of how you might rail against the likes of Shakespeare and Eliot. "Multitudes? How can an individual contain multitudes?! Walt Whitman is ruining English!"

      Hint: expression takes human judgment. Language isn't logic.

    7. Re:For the LAST time... by jidar · · Score: 5, Funny

      yeah exactly! Which is why I've been downloading this same Pantera album over and over for 12 years. I figure if I can get all the copies downloaded before the pirates do then people wont be able to steal it anymore.

      --
      Sigs are awesome huh?
    8. Re:For the LAST time... by tehcyder · · Score: 1
      Calling those theft are just helping ruin the English language.
      Nice distinction, but as you must know the slashdot argument runs:

      1. Copyright infringement is not technically theft.

      2. Therefore I'm not stealing by copying music/whatever.

      3. Therefore what I'm doing is of only a trivially bad nature, certainly not in the same league as those nasty criminals/thieves.

      4. Therefore, I should be allowed to copy as much of whatever I want as possible as the nature of my wrongdoing is barely on the level of jaywalking.

      I leave the Profit! line to the reader's imagination.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    9. Re:For the LAST time... by Anonymous Coward · · Score: 0

      Nice distinction, but as you must know the slashdot argument runs
      [snip argument]


      Um, no, that's the strawman argument that people put into the mouths of non-existent Slashdot users to justify calling something theft when it isn't. I can't remember the last time I saw someone actually claim that "not theft" = "not wrong".

      Why don't we compromise and call it "piracy"? There's a long history of doing so (the term "piracy" has been used to describe making unauthorized copies of people's work for hundreds of years), and robbery on the high seas is much rarer than normal theft, so the term is less confusing. Finally, we all know that pirates suck and ninjas rule, so everyone agrees that piracy is wrong.

    10. Re:For the LAST time... by Anonymous Coward · · Score: 0

      Well, if you want to insist on calling arsenic "kool aid" be my guest. Theft is not fraud (especially in preceisely defined legal terms) any more than a horse is cow, shit ain't shinola, or your post correct.

      "expression takes human judgment" Not in a legal sense, which is the relevant context here. Words don't alter their meaning because you so choose. Would you so easily excuse being charged with "murder" when you get pulled over for speeding? I would hope so, after all you're awfully proud of being a linguistic relativist. "But your Honor, by 'guilty' I meant 'not guilty'." If context is irrelevant, then why aren't we charging all of these pirates with piracy in maritime courts? Good luck with that.

      "Language isn't logic." I know a linguistics professor or two that would have a field day with this. Language is the best conveyant expression of underlying organizational processes that we've developed in the last 200000 yrs. It is inexorably intertwined with logic.

      "I shudder to think of how you might rail against the likes of Shakespeare and Eliot." Do you really believe that when Bill penned Romeo's metaphorical odes to the buds of Juliet's lips he was being literal? Did that love crazed 14 year-old have flowers growing on her face? Of course not! You understand that this is an artistic context, which has absolutely NOTHING to do with what is being discussed here.

    11. Re:For the LAST time... by ajs · · Score: 4, Insightful
      Nice try, but I doubt the pro-piracy blowhards on this site will catch the irony. They'll just keep stealing and stealing other people's IP until there's nothing left to take. Thieves aren't the brightest of folk, after all.


      Informative? Hrm...

      Ok, first off: "pro-piracy blowhards"; what does that mean? Do you mean someone like myself who feels that copyright law is no longer serving its purpose as intended by the constitution, and that its abuse is harming the value of copyrights as a tool for regulation? Or, are you simply arm-waving at the teens who haven't yet considered the implications of their actions, and are just downloading whatever they want because it's the path of least resistance?

      Personally, I think the two are connected. I think the average teens that download music or movies or whatever, in violation of copyright, are doing so because the copyright system has never seemed like something that matters to anyone they know. It's not equitable, so there's no sense that you are "stealing" or depriving anyone of anything. Artists tell us that they're not being compensated for their work (in fact many of them go into debt when producing music specifically), and we constantly hear of large studios (for film, television and music) abusing their power in order to manipulate markets and deprive artists of the fruits of their work.

      Under that sort of system, how is it shocking that most people would rather "steal" than pay to support the system? Now, if we had a system of automatic licensing, and zero penalties for revenueless electronic duplication, THEN I think you would see an increase in the number of people who wanted to support the system. After all, if you know an artist or two who really benefit from the system, you're going to feel that it's worth it. If you know an artist for two who get screwed by the system....

      As for theft vs. infringement: there are three offenses. The first is a violation of federal law, such as the DMCA. That's a federal crime, but it's not theft. There is copyright infringement. That's a sort of logical theft, but under the law, the two are very distinct. Be clear about which you are talking about: the law or the common expression. Then there is license violation. That's a strictly civil matter between two parties over an agreement which is broken, and which is theft in exactly no ways. Theft under the law has nothing to do with copyright infringement. That's just the way it is.

      It's important to point out that words like "theft" simply muddy the watrer, and combine concepts which should not be combined.
    12. Re:For the LAST time... by Anonymous Coward · · Score: 0

      I have never seen that argument. Please realize that this is only your assumption of what other people are thinking, which can be dicey proposition.

      Now I certainly have no trouble believing that some might rationalize their behavior that way, but don't be so quick to assume that all who entertain discussion on this topic must fall into your preconceived (yet never observed) category. My impression is that most think 1) it IS wrong to distribute copyrighted works without the permission of the copyright holder and something needs to be done 2)RIAA is using immoral and, on occasion, illegal tactics to pursue alleged violators 3) distributing 1's and 0's should not be lumped in with grand theft (because it's actually only copyright violation NOT theft in the legal sense.)

      Frustration on all sides stems from lawmakers and a judiciary that have yet to catch up with the crimes of the times vis a vis technology. RIAA's grotesque tactics aside, some of these people have done something wrong and must be punished but the law isn't always capable accurately categorizing their infractions or determining proper restitution. Copyright holders are loathe to just "Let It Be" (pun certianly intended) and those accused are rightfully upset and facing charges that quite obviously don't fit the alleged crime (nothing has been stolen). Calculations of potential revenue loss are laughable.

      As with so many things, each side's views have some merit, though viewing the world as black and white with save one the effort of critical thinking. Extended dialogue and work is needed to resolve this. Sadly right now, the RIAA has the money and the politicians to ensure that this dialog won't happen, thus many music sharers are "fighting the man" in their minds and ignoring whatever damage is being to artists.

    13. Re:For the LAST time... by Anonymous Coward · · Score: 0

      and this gets modded informative... HAHAHahhaha

    14. Re:For the LAST time... by vertinox · · Score: 1

      Ungh...

      If you want to use analogies with crimes.

      Copyright infringement is to theft as assault is to murder.

      No one argues that assault is murder. Even though both are a crime, I'd rather be punched in the face than shot in the face.

      One I can of course sue the other in a civil court and the other... Well... The other all I can hope for is a criminal case because I won't be around to care or enjoy my court settlement.

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    15. Re:For the LAST time... by Dun+Malg · · Score: 1
      and this gets modded informative... HAHAHahhaha
      It's a sarcastic illustration of how the GP poster is a fucking moron with his "stealing and stealing of other people's IP" comment. Copyright infringement isn't theft, no matter how much idiots like him pretend otherwise. "Insightful" might have been a better mod.
      --
      If a job's not worth doing, it's not worth doing right.
    16. Re:For the LAST time... by Mister+Whirly · · Score: 1

      "Well, if you want to insist on calling arsenic "kool aid" be my guest."

      Apparently you've never heard of Jonestown before...

      --
      "But this one goes to 11!"
    17. Re:For the LAST time... by Anonymous Coward · · Score: 0

      What do you think that was in reference to? Did you think that was just a coincidenc?. And how did it turn out? Ahhh, there's the point.

    18. Re:For the LAST time... by Mister+Whirly · · Score: 1

      Well, actually it was cyanide and Valium, not arsenic...And technically it was Flavor Aid and not Kool-Aid.. And I'd say it turned out pretty well - a bunch of dangerous religious kooks we no longer have to worry about.. And that's no coincidenc?

      --
      "But this one goes to 11!"
    19. Re:For the LAST time... by Anonymous Coward · · Score: 0

      Ummm, no it's not a coincdence. Killing of ~800 men women and children (and a congressman and his staffers) isn't a good thing in my book, but that's just me. By analogy, calling things what they manifestly are not is also not a good thing.

      Maybe I should have said "You can call TWA 800 a pleasure cruise...."

      Get it now? Or shall we continuing this pissing contest that nobody else seems to care about?

    20. Re:For the LAST time... by Mister+Whirly · · Score: 1

      I know it isn't a coincidence (note spelling) - that is why I stated "That's no coincdence" at the end of my post. Get it now? You seem to forget those 800 people were not kidnapped - they chose to go to Guyana with Jim Jones of their own free will. Now once they got there, some of that "free will" may have vanished, but hey, when you decide to put your faith in religious crazy folks, what did you think was going to happen?? At least they didn't decide to take out as many "non-believers" as they could before the all killed themselves.
      So piss away, you are doing a fine job already. Obviously you care, even though nobody will see your AC comments anyways...

      --
      "But this one goes to 11!"
    21. Re:For the LAST time... by is+as+us+Infinite · · Score: 1

      ...And this is an illustration of nobody getting the joke being made by your GP...

      It's funny, because in calling him an idiot because you don't understand his joke is delicious irony.

      --
      Quidquid latine dictum sit, altum sonatur. . . . . . . .
    22. Re:For the LAST time... by drinkypoo · · Score: 1

      I think it makes more sense to insist that it not be called piracy. It was stupid to call copyright infringement piracy back in the day when the habit started and it's no less stupid today. Actually, it's a smart thing to do, and it was smart then for the same reasons; calling it piracy instantly paints a picture for the reader and prejudices them against the person, because they've been compared to a pirate, who everyone (even other pirates!) can agree is a PITA. I think we should insist that it be referred to as "copyright infringement". Just because there's precedent doesn't mean it's a good idea. If we all stuck to ideas because they are old and timeworn then we'd all be beating our wives and not bathing.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    23. Re:For the LAST time... by thrashaholic · · Score: 1

      Killing of ~800 men women and children (and a congressman and his staffers) isn't a good thing in my book, but that's just me.

      If we're talking about idiot religious sheep here, I'd call that A Great Thing (TM).

      That's 800 less that get to vote today.

      --
      militant gun owning 'liberal'
    24. Re:For the LAST time... by AK+Marc · · Score: 1

      Identity infringement is NOT theft,

      Identity theft has been around for hundreds of years. Royal seals have been used to combat identity theft long before your great grandparents were born. However, it is now and has always been fraud. For some reason, people (probably the same ones that labeled copyright infringement as "theft") have started calling this theft. It is not now, nor ever was theft.

      Service infringement is NOT theft,

      Depends on the infringement. If you were to stow away, that is a service theft that does cost money. Sure, it isn't much, but the additional fuel is measurable and finite. If you slip into a movie theater to see it, you didn't deprive them of anything, so "theft of a service" isn't theft, nor infringement. It is trespassing. However, the intent of the trespass is considered in levying the charge.

      I'm sure you understand that these are all different cases, and rarely are theft. Theft requires a loss. If I'm at my house and make an illegal copy of a CD, then immediately destroy it, no one will ever know. No one was deprived of anything. Yet, it is still illegal, and would be labeled by you as "theft". That is in direct contradiction of the defenition of "theft". What's the point of defining words if people just take the ones they don't like and attach them to actions they don't like, even when they are not accurate in the description of that activity?

    25. Re:For the LAST time... by WilliamSChips · · Score: 1

      A single subject-verb disagreement made at six in the morning is much less important than the destruction of logical definitions.

      --
      Please, for the good of Humanity, vote Obama.
    26. Re:For the LAST time... by WilliamSChips · · Score: 1

      Hint: Legal arguments aren't poetry or drama.
      If Shakespeare attempted to make a legal argument in iambic pentameter he would probably be laughed out of the court.

      --
      Please, for the good of Humanity, vote Obama.
    27. Re:For the LAST time... by Pink+Tinkletini · · Score: 1

      Nobody was making a legal argument. You said that equating these forms of fraud with theft was ruining the English language. If you'd said they were confounding the law, you might have a point. But the vernacular is nothing if not flexible and adaptable, and I take issue with those who would destroy the beauty of its ambiguity in the name of imposing some Académie-style set of rules from on high. Particularly when everyone agrees on the meaning of terms like "identity theft," "theft of services," and "stealing elections."

    28. Re:For the LAST time... by aeschenkarnos · · Score: 1

      It's not "stealing", you moron, it's copyright violation. If I stole something from you (eg, your unused brain), then you would no longer have it. While copyright violation is to some extent a wrong, it is a separate wrong from stealing. You idiots could just as accurately yap about "overtaking other people's IP across double-yellow lines" or "building low-rent houses without council-approved structural supports over other people's IP" or "loitering outside other people's IP". Why don't you? Oh, that's right, you gain an emotive advantage in the argument by lying. Heh, as if showing a respect for truth is a reason not to gain an advantage, in this day and age? Why, that'd be ... it'd be ... almost as silly as not copying a piece of software for free!

    29. Re:For the LAST time... by WilliamSChips · · Score: 1

      No, but we need clear terms that mean what they actually mean in all arguments. Ambiguity isn't really beautiful when you have to agree on what terms mean before you can actually debate. And that doesn't change the fact that identity "theft", "theft" of services, and "stealing" elections are as much about theft as somebody would park on a "park"way.

      --
      Please, for the good of Humanity, vote Obama.
    30. Re:For the LAST time... by Neoncow · · Score: 1
      Ok, first off: "pro-piracy blowhards"; what does that mean?
      Pro-piracy blowhard: One who is so greatly disturbed by the phrase "pro-piracy blowhards" that they cannot read to the end of the post before composing a 407 word rant about the inadequacies of modern copyright law in serving its purpose intended by the constitution.
    31. Re:For the LAST time... by Artifakt · · Score: 1

      Language isn't logic.

      Yes, but...
      (You knew that was coming, didn't you?)

      When people equate copyright violation to theft, it isn't just a matter of logical definitions.
      It's a matter of LEGAL definitions.
      Congress defined copyright violations, not some moral source like the Koran or the Bible or a self aware individual's own rational judgement. Not Con-fu-Tze or Kant or Mill, the U. S. Congress. The words 'copyright violation' have no meaning whatsoever, they are but empty noise, a concept full of sound and fury, yet signifying nothing, if they don't mean what exactly what congress, as checked by the U. S. Supreme Court, has said they mean.

      There are state laws about theft. Copyright law is federal only. Is congress now prohibiting the states from prosecuting some kinds of theft on behalf of their citizens?

      There are still civil tort only violations of copyright, even under the new laws. Is there such a thing as non-criminal theft?

      Copyright eventually lapses. Is there anything that it becomes legal to steal just because enough time has passed since it was made?

      Ooops! Looks like the U. S. congress disagrees with you. Sad, to have referenced two very great minds and (I presume T. S.) Eliot, spoken with some eloquence, and yet produced only empty noise.

      --
      Who is John Cabal?
    32. Re:For the LAST time... by Pink+Tinkletini · · Score: 1

      Yeah, yeah, but everyone does understand the meaning of these phrases. Terms like "theft of services" are universally understood, in part because "theft" depicts the essential and relevant feature of the act—namely, an unauthorized taking that causes a putative harm. I doubt you stop to "correct" everyone who refers to "identity theft" or "stolen elections" in conversation. Lawyers argue their cases with these phrases, on both sides. Even judges use them in legal opinions, with few exceptions, and nobody complains.

      So theft isn't theft, and graffiti ain't art, right? Don't be such a []. :-P

    33. Re:For the LAST time... by mabinogi · · Score: 1

      I'm not sure there's ever been a point in time in the history of the English language where "steal" and similar words have been strictly limited to the definition favoured by some here.

      Do you start lecturing your girlfriend when she tells you that you stole her heart?
      Do you rant at friends when they ask to steal a minute of your time?

      I'm all for preventing the perversion of the English language, but if the age of a particular usage is counted in centuries then I think we can call it acceptable.

      --
      Advanced users are users too!
    34. Re:For the LAST time... by WilliamSChips · · Score: 1
      Do you start lecturing your girlfriend when she tells you that you stole her heart?
      Depends. Are we in a debate?
      Do you rant at friends when they ask to steal a minute of your time?
      Depends are we in a debate?
      I'm all for preventing the perversion of the English language, but if the age of a particular usage is counted in centuries then I think we can call it acceptable.
      That's all good and well in casual speech but it breaks down when we're talking about a formal argument.
      --
      Please, for the good of Humanity, vote Obama.
  21. Re:Think of the people you're hurting. by Bwian_of_Nazareth · · Score: 1
    Oh come on, not again...

    Mods, please do your job.

  22. Epistemologically by Flying+pig · · Score: 2, Funny
    There ought to be some kind of celebration that this wonderful (and actually quite useful) word has actually made it into print, in what seems to be a government report. Literacy is not yet dead. And in Australia, even better.

    Perhaps the most suitable punishment for lying lobbyists (is there another kind?) would be to be beaten over the head with philosophy textbooks until they coluld tell their episteme from their noesis.

    --
    Pining for the fjords
    1. Re:Epistemologically by hunterx11 · · Score: 1

      "Epistemically" is easier to say, though.

      --
      English is easier said than done.
    2. Re:Epistemologically by brunes69 · · Score: 1

      It is far more likely that the reason this is in the report is the authour is a thesaurus junkie.

    3. Re:Epistemologically by indifferent+children · · Score: 5, Funny
      word has actually made it into print

      Bush used this word three days ago. Granted he was trying to discuss the beliefs of Episcopalians, but technically he did use this word.

      --
      Censorship is telling a man he can't have a steak just because a baby can't chew it. --Mark Twain
    4. Re:Epistemologically by Gr8Apes · · Score: 1

      LOL! I wish I had mod points.

      --
      The cesspool just got a check and balance.
    5. Re:Epistemologically by Mister+Whirly · · Score: 1

      I thought he was talking about how epistemically cell research was a bad thing...

      --
      "But this one goes to 11!"
  23. Boneheads. by kenblakely · · Score: 1

    You would think that anyone who can spell 'epistemologically' would know the difference between 'sight' and 'cite'.

    1. Re:Boneheads. by Donniedarkness · · Score: 1

      The answer is simple: they don't know how to spell it, but used Firefox's new integrated spell check. Duh.

      --
      Earn a % of cash back from Newegg, Tiger Direct, Walmart.com, and more: http://www.mrrebates.com?refid=458505
    2. Re:Boneheads. by Anonymous Coward · · Score: 0

      If you read the context, the newspaper (The Australian) are claiming to have "sighted" (as in, seen) the report. They are not claiming to have referenced it. Easy enough mistake, bonehead.

  24. Re:Think of the people you're hurting. by Pink+Tinkletini · · Score: 1

    Grow a sense of humor. "I don't know, Jenny. I don't know..." How can you not crack a smile?

  25. Re:Well duh... by salec · · Score: 0
    '"Copyright owners often use street-value estimates to calculate losses, but this assumes that every person who bought pirated goods would otherwise have paid for a legitimate item, the report notes."'

    Baloney! The only reason for piracy is to get somthing you're not willing to pay for. If they were willing to pay for it then they would have paid for it, BUT THEY DIDN'T because THEY WERENT!

    Hmm... let's see... a thief gets into the shop and steels a bottle of luxury liquor (something desirable but not essential for living). What will salesman calculate as loss: The price at which he was selling it, or the price at which he got it? Thief is supposedly a poor guy who would never had that kind of money to buy it even if he wanted to.

    If an object, merchandise, is too pricey and is not sold in months, can we argue that, if it was stolen, there was no loss?

    Someone may argue that those were tangible goods, we will have no dispute over that - let's subtract out the price salesman payed as "real loss", but the key point is the selling price, or price difference, salesman's (hypothetic) profit... should it be accounted for or not, and why?
  26. Re:Well duh... by pandrijeczko · · Score: 1
    It's bribery for them and extortion for us.

    How can you be a victim of "extortion" when you have freedom of choice to buy or not buy the product in question?

    Perhaps "us" should act a bit more intelligently and not fall for the barrage of media hype that brainwashes them into believing that they cannot live without those products.

    --
    Gentoo Linux - another day, another USE flag.
  27. Bunk by Anonymous Coward · · Score: 1, Informative
    The real problem is with things like, "1700 copies of XP were pirated -- at $200 a copy, we've lost $340,000!!!" Because that's just bunk. Most of the people who pirated XP would never have paid for it, so it is not a lost sale.


    So if I understand you correctly... If these hypothetical 1700 out of 2000 pirate consumers who go out, hypothetically buy a computer for several thousand dollars and then pirate Windows XP suddenly had no chance of pirating Windows XP thus forcing them to buy Windows for the extortionate sum of $200 they will either:

    a) Morph into Nerds and install Linux?
    b) Not buy a PC at all because after spending $1500 plus for a PC spending another $200 for the OS way to much to ask?

    There is no chance at all in this or any other parallel universe that they might cave in and shell out the 200 bucks for a legal copy of Windows? I am sure some of those hypothetical 1700 pirate consumers would have been put off buying a PC if it meant atually paying for Windows XP and that some others would have gone the way of Linux. However, since most normal consumers don't dislike Windows with the same religous zeal as many Nerds do (myself included) I think that the majority of those hypothetical 1700 pirate consumers would (complaining loudly of this outrageous annoyance) shell out the extra 200 bucks if they couldn't pirate Windows XP because the cost of the OS is such a proprtionately small part of teh PC+OS package. Arguing that all or even most pirate consumers represent lost sales thus making software piracy a victimless offence is also bunk, to some extent softare piracy does translate into lost revenues for software companies.

    1. Re:Bunk by Anonymous Coward · · Score: 0

      1991 called. They want their computer prices back.

    2. Re:Bunk by Anonymous Coward · · Score: 1, Interesting

      I bought a computer from Wal-Mart with Linux installed for $208 about 4 years ago. That $200 I would have paid for XP was 8 dollars less then what I paid total you insensitive clod.

      The data you are trying to use to prove a point is flawed. The average PC costs no where near $1500. Nice try though.

  28. Re:Think of the people you're hurting. by Bwian_of_Nazareth · · Score: 1

    Humour? How is this humour? Humour is a kick in the kneecap or a blow on the head, but not this.

  29. Report for the AG, not by... by anothy · · Score: 1

    For a minute there, i thought it was the Attorney-General's Department who had used the word "epistemologically" correctly in a sentence, rather than some Institute. my world view was momentarily shaken.

    --

    i speak for myself and those who like what i say.
  30. One thing that nobody seems to talk about.. by n1hilist · · Score: 1, Insightful

    Is that piracy in the software side of things (and indeed others) has done alot of GOOD for the world. I bet most of /. folk borrowed or copied Borland Pascal or 3D Studio and fiddled around with it as a kid and learnt to code and are now using legal copies at work or doing it in Linux for free. I was 12 when my folks got us a 386, I copied Pascal from a school mate, I fiddled with it, I got bored and deleted it, I never used it to make money so I don't feel I did anything wrong, morally anyhow. I got Modedit (can't recall if it was free or not) as a kid, I fell in love with music creation and now I own my own professional music software. Try convincing your folks to buy you software as a kid because you want to play with it because it seems cool.

  31. Half correct by Anonymous Coward · · Score: 0
    Posting anonymously on GP.

    Their are a number of problems I just gota understand better:

    1)If someone doesn't feel the urge to buy something anyway how does the FTC let these people get away with the unlitigated gull of first complaining about unnreonable loss from "theft"?
    and then them coming up with illogical arguments for reguletory changes-many times based on something they don't understand.


    2)Does anyone who does actuall software development and marketing have some solid figures on any angle of these issues? Since it's mid-term election time I'd like to know what sort of blockheaded stuff to anticipate.

    I ask because the only experience I have is from some fairly limited anecdotal evidence.

  32. Did They Check by Digital+Vomit · · Score: 3, Funny
    copyright owners 'failed to explain' how they reached financial loss statistics used in lobbying activities and court cases.

    Did they check their ass? That's usually where these statistics are pulled out of.

    --
    Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
  33. Re:Well duh... by Anonymous Coward · · Score: 0

    Even going by the price difference, the situation is different. The salesman cannot sell the stolen bottle of liquor; but the record store can still sell a CD to someone willing (and able) to pay the retail price, because nobody was deprived of a physical item. You just can't use normal "theft" logic when dealing with copyright infringement.

    Also, one could argue that if someone had bought the CD instead of downloading it, their ISP might be paid less money for the bandwidth (or their ISP's upstream provider may have made less), so therefore record stores are depriving internet providers of income by subverting the user-pays download system.

  34. Think in marketing terms by charlieman · · Score: 3, Insightful

    Your busines shouldn't be selling music CDs
    Your busines should be making people entertained by music

    Concentrate on the client, not the product!

    1. Re:Think in marketing terms by rajafarian · · Score: 1

      Your busines shouldn't be selling music CDs Your busines should be making people entertained by music.

      Since discovering AllofMP3.com, I've felt that the RIAA is asking themselves the wrong question (either because they are stupid or because their stupidity is hidden by their greed), instead of asking themselves "How should we get the most money for each song?" they should be asking themselves "How can we get the most money out of each person?" I am of the belief that if they sold music for as little as AllofMP3 people would become hooked like people putting money into a slot machine. Well, some people, anyway.

  35. Favor? by RAMMS+EIN · · Score: 2, Insightful

    ``It's how much they pay politician to pass laws in their favor''

    Favor? These laws make it illegal for me to play DVDs I buy if they use CSS. Obviously, this means I won't buy these DVDs. I don't know how that works in the copyright holders' favor...

    --
    Please correct me if I got my facts wrong.
  36. Re:Think of the people you're hurting. by Lamtd · · Score: 1

    Thanks, it indeed looked quite suspicious, but I still felt for it... oh well, shame on me :-/

  37. Yes of course... by Chaffar · · Score: 2, Funny

    [RIAA representative puts left pinky next to corner of mouth] This year we will lose... 100 BILLION DOLLARS !

    1. Re:Yes of course... by Anonymous Coward · · Score: 0

      As a croney whispers in his ear: "Actually, that's not that much anymore..."

      "One million BILLION dollars!"

  38. More slashdot obfucscation by mumblestheclown · · Score: 2, Interesting
    Here we are again. Another organization makes some claim relating to the damages caused by piracy. As always, the elephant in the room (that piracy is substantial and deserves attention, if only because society has collectively devleoped a bargain where creators of intellectual property are entitled to reasonable protection of their works but that protection is being circumvented in massive quantities) is ignored. Instead, smoke and mirrors are thrown up - the large number cited is 'unverifiable' as if a definitive number to sixty decimal places could be derived - or are we going to get into a stupid discussion about terms such as 'piracy' and 'theft' again? Even if the SBA estimate is high due to the use of SBA-favourable assumptions, the elephant is still there.

    Let's discuss the real issues, shall we?

    • When A pirates software X and B pays for it, the producer still loses even if A never intended to pay for it, as the perceived value of the software is less. Consider the situation where you were the only person in the world who bought the latest music CD and everybody else got the same music by pirating it. Proof of ownership? Hell no - you feel like a sucker, because, in fact, the situation has made you one.
    • As is always brought up here in slashdot in other contexts - there's no need to pirate any given piece of software, as there are free alternatives out there. so, even if you see nothing wrong with, say, creating unlicenced drugs to save lives, the fact is that in this case there simply is no analogue. even if there were no OSS, you'd be hard pressed to suggest that anybody NEEDS software.
    • Software patents may well be evil. There may well be problems in the IP regime. You may be against the idea that copyright is continuously extended. However, none of this has anything to do with the present discussion of piracy of software, most of which is typically under five years old.
    Until the slashdot crowd, collectively (and I'm not saying that all slashdotters think alike, but you'd be just throwing more smoke and mirrors if you were to not believe that there weren't some rather commonly held views here along the lines I am suggesting and that those views have widely seen to be synonymous with a general 'slashdot look on life'), is willing to face up to the real issues instead of throwing up more kneejerk smoke and mirrors, it will continue to be an intellectually dishonest sideshow.
    1. Re:More slashdot obfucscation by teh_chrizzle · · Score: 1

      the BSA in the united states has a simple, and effective, fix for the piracy problem. they raid companies that use unlicensed software for commercial purposes. BSA raids are pretty much on par with the spanish inquisition and have been known to bankrupt a company. in the context of a business using commercial software without paying for it, in support of a venture that makes money, then the BSA is doing what it should, even if their tactics are not something i would agree with. this is piracy in the real sense. just like when the RIAA/MPAA bust people selling burned disks on a street corner, they are right to do this sort of thing because those are real lost sales.

      non-commercial private use which is not for profit is really a grey area. the losses sustained may or may not be quantifiable, or even justifiable. is the intent to save money the same as the intent to profit? according to a court in spain it is not. is a copy shared among friends really a loss? according to the fair use laws in the 80's that covered music, they are not. would those friends have used or even needed the software otherwise? does it matter that your friend lives in sweden and you live in the US? even if it can be decided, definitively, that all of these actions are wrong, how exactly do you police the action? speeding on the highway is illegal, and if you get caught or have an accident, you are going to suffer the consequences, but speeding happens all the time anyway.

      --
      sarcasm:
      -noun
      1. harsh or bitter derision or irony.
    2. Re:More slashdot obfucscation by xmod2 · · Score: 1
      that piracy is substantial and deserves attention, if only because society has collectively devleoped a bargain where creators of intellectual property are entitled to reasonable protection of their works

      If it's such a problem, then obviously the "society" that collectively developed said protections either

      a) no longer desires to extend such protections
      or b) feels the protections are no longer reasonable.
    3. Re:More slashdot obfucscation by tom's+a-cold · · Score: 1
      Here we are again. Another organization makes some claim relating to the damages caused by piracy. As always, the elephant in the room (that piracy is substantial and deserves attention, if only because society has collectively devleoped a bargain where creators of intellectual property are entitled to reasonable protection of their works but that protection is being circumvented in massive quantities) is ignored.
      This line of reasoning is wrong for a number of reasons.

      1. There is a strong ethical case for non-compliance with unjust law.

      2. Legislation that was purchased by industry lobby groups, which the DMCA was, has no legitimacy.

      3. The assertion of financial damage by a privileged group is not the same as proof of actual financial damage. It's nothing more than someone powerful seeing money in someone else's pocket and saying "Mine!" The effect of infringement of the current copyright laws on music industry revenues is unknown. And even if the group can prove financial damage, that does not mean that the net effect on all of society is harmful. If the few benefit, but cause greater harm to the many, everyone's better off even if someone loses their ill-gotten gains.

      4. Anyway, the evidence that a law is not complied with is not evidence of a wrong being committted. For example, I have performed cunnilingus in a state where it is unlawful. As best I could discern at the time, nobody was harmed. On a less personal level, in my lifetime I recall laws being violated when people sat in the front of buses and drank from certain water fountains. While copyright reform is less of an immediately pressing moral issue than civil rights, I heard the same legalistic arguments against nonviolent refusal to comply with the law during that struggle. And in the long term, the existing legal regime will damage both our culture (what little there is that's worthy of the name) and our competitiveness, so there are sound reasons to consider the option of disobedience. Furthermore, if the RIAA and similar groups were to disappear from the face of the earth tomorrow, it is not at all clear that society would be worse off. It's more likely that the net effect would be beneficial: the body politic must occasionally rid itself of parasites.

      5. "Piracy" is a propaganda term used by an interest group attempting to frame the debate in a manner favorable to them. "Distribution in defiance of unconsionable claims of ownership" or "not obeying the current, unjust and unenforceable copyright laws" are more correct terms.

      Politicians and legislation never leads worthwhile social change. Instead, at best, it reluctantly lags. The driver for non-corrupt change to any unjust law is that the law is either widely ignored or actively defied.

      Incidentally, I only use free software. In my case, opting out is a viable choice. But your argument that others should do the same would have more force if the producers of proprietary software were not corruptly influencing the political process to eliminate that alternative.

      So it may be that society will collapse unless we have a draconian IP regime. But there are many other scenarios with the opposite outcome. And it's up to those who enjoy special privileges granted them by the government to justify their continuation.

      --
      Get your teeth into a small slice: the cake of liberty
    4. Re:More slashdot obfucscation by Anonymous Coward · · Score: 0

      are you really so stupid as to believe what you wrote? what are you - 14? arguably the most twisted and self-serving logic that i hav eever seen. for shame, sir.

    5. Re:More slashdot obfucscation by koreth · · Score: 1

      If he actually uses only free software, why is that logic self-serving?

  39. It does hurt the small guy. by Anonymous Coward · · Score: 0

    I sell a small shareware app and have some indy music. Piracy has cost me $65,989,776,545.82 this year.

    it HAS!

    At least that is what I am claiming on my taxes... I shuold get at $2 billion dollar refund this year because of piracy.

    What? Why cant I make up numbers out of my ass like the RIAA and BSA does and use them as absolute fact?

    Nither the RIAA or BSA or any software maker has real numbers, none can give any proof, none can even give a convincing argument. Yet the idiots on capitol hill take it as truth, medai laps it up like it's truth...

    only a complete and utter moron believes any of the piracy numbers.

  40. Re:Well duh... by heroofhyr · · Score: 1
    Tangible is the key difference between retail losses and software losses--in fact, tangible has a lot to do with both intellectual property and e-business in general (but I don't want to digress). If I go into your liquor store and nick a bottle of rum as in your example, I've stolen property. If I go into your software store and take a copy of Photoshop, I've again stolen property. If I download a torrent of Photoshop, I've committed an offence against the copyrights of the software publisher, but I've not stolen any property. In the first two scenarios, your loss is as tangible as the good, because you've paid money in advance for this product, I've taken it from you for nothing, and therefore you've lost what you would have made on that product if someone (not necessarily me) had purchased that bottle, box, or whatever. But in the third example, presumably the copy of the software that was uploaded came from someone who originally bought it, brought it home, and ripped it, or perhaps someone who swiped a copy off the computer at the manufacturer's and distributed it illegally. In the case where someone bought it and ripped it, the copy the retail store spent money on has already received their return on that investment from the original sale. In the case where someone stole it from the manufacturer's computer, there is a slight loss in the return on the company's investment in labour, research and development, etc., but no discernable (or at least provable) loss to retailers. As far as whether to count it as markup or wholesale, they usually use markup. I used to work in a department store, and in the back offices there was a sign over the photocopier discouraging employees from wasting paper by saying, "Every wasted stack of paper is worth 27 towels." Obviously they were referring to the profit from a retail sale, not the cost itself (unless the photocopier only uses solid gold paper). They (normally) do likewise with inventory shrinkage (which includes theft and other losses).
    Copyright owners often use street-value estimates to calculate losses, but this assumes that every person who bought pirated goods would otherwise have paid for a legitimate item, the report notes.
    This is merely because copyright holders like to pretend their business is the same as real ones and thus the same rules and physical laws, like matter, mass, occupying space in a warehouse, transportation costs etc., factor into their model and thus justify the hundreds or thousands their "commodity" is marked up to at a retail distributor. If Rolexes could be pirated over the internet in bytes instead of being produced in factories and transported on highways in cargo, Rolex would be reporting as many losses as the BSA. That doesn't mean the million people who suddenly start walking around with luxury watches could have dreamt of buying them before they were so widely available. It's no different for Photoshop, except that 10, 15 years ago it wasn't very common (note I am not saying it wasn't possible, just that the majority of people who used computers then were not savvy enough to find it and the selection wasn't as wide) for software to be available anywhere but in a retail store. It's actually very similar to when online casinos complain here in Europe about unfair monopolies and a lack of free market competition. A market implies some sort of commodity is being exchanged, whereas online gambling is producing nothing but an improbable hope and making a lot of money in return. Were this any other market but software-related, it'd be akin to walking into the supermarket to buy a bag of Doritos and having a 1:24 chance that the bag is not empty. The only improvement competition would offer is perhaps to increase the chance slightly, to say, 1 full bag for every 15 empty ones. Likewise, if 400.000 people buy "Application X" in Hong Kong, "Software Company Y" can claim 400.000 lost sales of a product even if they only really produced, say, a run a 5.000 units. Try getting away with that in any traditional industry, and you'll probably find yourself in trouble with the tax authorities for fraud.
    --
    brandelf: invalid ELF type 'KEEBLER'
  41. Whether piracy is wrong or not isn't the point by Cruise_WD · · Score: 4, Insightful

    At least, not in the limited context of this article. Sure, in the wider scope of the whole debate - whether the RIAA should be fighting this war on piracy or not - demands at least some consideration of where along the moral line downloading copyrighted materials lies.

    In reference to this specific article, however, the salient points would appear to be:

    1) The RIAA are using deceit and subterfuge as weapons.
    2) A body that has influence on policy decisions noticed.

    This naturally hurts the RIAA, but to what degree, and for how long, remains to be seen, and might be a more fruitful use of the /. hivemind.

    --
    [ cruise / casual-tempest.net / xenogamous.com / transference.org / quantam sufficit ]
  42. Re:Well duh... by gfxguy · · Score: 1

    Didn't you get the memo? Nowadays, everyone is a victem, so they can't be the culprit. Oh, and businesses can never be on the right side of the law.

    --
    Stupid sexy Flanders.
  43. Pork sausage... by Savage-Rabbit · · Score: 1
    Even going by the price difference, the situation is different. The salesman cannot sell the stolen bottle of liquor; but the record store can still sell a CD to someone willing (and able) to pay the retail price, because nobody was deprived of a physical item. You just can't use normal "theft" logic when dealing with copyright infringement.

    That is true, you can't download unlicensed copies of expensive bottles of luxury liquor off the internet, so theft!=piracy. However, the following logic: 'Baloney! The only reason for piracy is to get something you're not willing to pay for. If they were willing to pay for it then they would have paid for it, BUT THEY DIDN'T because THEY WERENT!', doesn't hold water either. Many people who pirate software, music, movies etc. are quite often people who can afford to buy this material. The reason they pirate this material is because they have plenty of opportunity to do so, there is little chance of getting caught and punished and they save some money to spend on other things. If somebody created a completely fool-proof anti piracy technology and all software/multi-media-content were to use it starting tomorrow a certain percentage of pirate consumers would start to reluctantly pay for the kind material they previously pirated. I simply don't buy the logic that 100% of the people who pirate are also people who can neither afford the pirated material and wouldn't buy it if they couldn't resort to piracy. This may apply to a certain percentage of the software and multi media content pirating public but by no means 100% of them. Basically, however hard you try to rationalize and justify software and multi media content piracy as a practice that doesn't hurt anybody, there is and always will be somebody who loses revenue. You can argue about how large that loss of revenue is but the fact that it happens is indisputable. Of course the assumption that 100% of pirates are people that would otherwise buy *all* the software/multi-media-content they pirate and that *every instance* of piracy represents a lost sale doesn't hold water either. Neither one of these extremes holds water, the truth is somewhere in-between them.
    --
    Only to idiots, are orders laws.
    -- Henning von Tresckow
  44. Alex Malik by ffrinch · · Score: 1

    Researcher Alex Malik, working for the AIC under a commission from the Attorney-General's Department and IP Australia, was particularly critical of the use of statistics in court.

    "Of greatest concern is the potentially unqualified use of these statistics in courts of law," the draft reads.

    Mr Malik declined to speak to The Australian, citing a confidentiality agreement.

    The "epistemologically unreliable" thing made me think that he might've been a recently-hired philosophy major, maybe even an intern, given the report to do as a research project.

    Google says otherwise:

    From 1997 to 2000 he was a Senior Legal Officer at the Australian Communications Authority, based in Canberra. From 2000 to 2002 Malik was ARIA's Legal Counsel. In 2001 Malik participated in the Consultative Forum of the Copyright Law Review Committee examining Copyright and Contract, representing ARIA, PPCA and IFPI.

    Assuming it's the same guy, I can hardly think of a better resumé. He used to be a lawyer for the other side. (You just know he still has keys to the Death Star.) When he says that the "greatest concern is the potentially unqualified use of these statistics in courts of law", he really knows what he's talking about: he spent two years presenting them on behalf of the recording industry, when they probably went unqualified...

  45. everything costs millions of dollars by teh_chrizzle · · Score: 1

    no one really cares about costs until they reach the point of multiple millions, so to get your point across you just skip real numbers and cut straight to the "millions of dollars every year". for example, underage drinking costs taxpayers millions of dallars each year. i have no idea how much it really costs, but now everyone is paying attention. so, illegal downloads cost the industry millions of dollars each year. teenage sex costs taxpayers millions of dollars each year. watching television while skipping commercials costs television networks millions of dollars each year. sarcastic comments on messageboards cost legitimate posters millions of dollars each year. how much is a gallon of gas today? you guessed it, millions of dollars.

    --
    sarcasm:
    -noun
    1. harsh or bitter derision or irony.
  46. "sighted"? by Phoenix666 · · Score: 1

    Honestly, now! It's "cited".

    --
    Do what you can, with what you have, where you are.
    1. Re:"sighted"? by geobeck · · Score: 1

      The draft...sighted by The Australian...

      Honestly, now! It's "cited".

      No, no. He means that John Howard saw the draft.

      He was reported as saying, "Yeah, that's a draft. Now where's my draught?"

      --
      Find environmentally and socially responsible products on http://buy-right.net
  47. you are joking but... by zogger · · Score: 1

    ...I wonder if anyone (joe individual filing a normal 10-40 for example) has done this, or tried to? You would definitley need some method to estimate your "sales lost due to piracy" to justify the numbers you might claim, and like has been pointed out, there is no credible way to find out that I have seen referenced. Would just an estimate fly? Any bona-fide accountants here want to take a stab at answering this? Brick and mortar have "inventory shrinkage" where at a minimum they have some sort of paper trail on tangible products before they "shrank away", but how could an individual with a closed license app or song estimate "losses"? Posit you had at least some legitimate sales at your asking price, then go from there.

  48. More elephants! by argent · · Score: 1

    As always, the elephant in the room (that piracy is substantial and deserves attention, if only because society has collectively devleoped a bargain where creators of intellectual property are entitled to reasonable protection of their works but that protection is being circumvented in massive quantities) is ignored.

    Another elephant in the room is "are technical measures to prevent copying actually being circumvented in massive quantities by potential customers?", and another is "do we need additional legal protections, or are the current legal protections actually stronger than we need?".

    These are real issues. Slippery slope arguments asking questions like "what if you're the last non-pirate in the world, won't you feel like a sucker?" aren't. They're muddying the waters. "Smoke and mirrors" if you like.

  49. Re:Well duh... by PopeJM · · Score: 1

    Also consider (whether you feel it is right or wrong) that people ultimatelyonly use a certain percentage of their budgets to actually pay for entertainment per year. If they exceed that they lose out on housing or food or whatever. If someone pirates whatever software or music or whatever but uses the same amount of entertainment dollars each year then how is anything changing? (looking for an honest answer here.)

  50. Pursuant to recent articles:downloading music by ursabear · · Score: 1

    There have been many articles (industry-sponsored and otherwise) about "piracy", whether the content is music or software (or even data). The article seems so very much like articles about music (music that isn't paid for when used/received)... The responses to the article are pretty similar, too.

    Therefore, I propose a new way to answer software piracy articles, such that the flooding hundreds of discussion posts will all align nicely.

    I propose that we post answers like, "software wants to be free - the way it wants to be." And, "since programmers should make all their money on tours and they make nothing on the sales of the software, they should give away software and be told that they must tour (and sell merchandise) to make enough money to live." And, "buying software through legit channels only funds evil corporations - (evil corporations don't employ regular, work-a-day people, do they?)" And, one of my personal favorites, "programmers shouldn't get paid after the software is delivered - a painter doesn't get paid every time the painting is sold, does he/she?"

    Sarcasm or serious? You decide... film at 11.

    Personally, I really like working where I work. I actually want the company's software to succeed and to be sold well. I'd like for the company to remain successful and to flourish. I enjoy having such a great job and an opportunity to fund my family's growth.


    Don't forget to vote.

    1. Re:Pursuant to recent articles:downloading music by smoker2 · · Score: 2, Insightful
      When you start receiving the kind of money that rock/pop stars and film actors/producers receive, then your statements might be serious. Until then even your sarcasm is deluded.

      How many Ferraris do you expect to aquire from being a programmer, and in how long ? How many multi-million dollar mansions do you expect to own from the proceeds of programming ?

      Do you think you or anybody else is really worth that much more than anybody else, that they receive these things by governmental fief ? Do you really think that it is just and right, that for just a few years work, you can afford to retire and never have to worry about income ever again ?

      How much is enough for you ?

      and don't give me crap about "the market". It's just greed, pure and simple.
      Always been the American way though, at the expense of your fellow countrymen and the truth, and other less fortunate lives. Ironic really from such a quasi-religeous society, that your main idol of worship is Mammon.

      Does a farmer get paid every time his grain is used in a product - oh, that's right, he has to grow some more.
      Does a house builder get paid every time someone walks into a house - oh, he has to build more.
      Do car manufacturers get paid every time you start your engine - no, they have to make more.
      Do doctors get paid every time you take a breath - That's right, they have to actually earn their income.

      Apparently only persons in the media deserve a free and unfettered income for life from a few dubious contributions to society.
      Real art is priceless, the rest is worthless.

      Now don't make the mistake of presuming that I believe people shouldn't be allowed to try and get rich by their own efforts. I just object to government mandated gravy trains. Otherwise a car maker could copyright the wheel, doctors could copyright surgery, a house builder could copyright the brick, and a farmer could copyright grain. Starting to blur the line with patents here, but have you heard of Monsanto ?

  51. And downloading is not "piracy"... by geobeck · · Score: 2, Funny

    ...unless you say "YARR!" while you're doing it.

    --
    Find environmentally and socially responsible products on http://buy-right.net
    1. Re:And downloading is not "piracy"... by mstahl · · Score: 1

      And I do . . . every single time.

  52. Roll it back to 28 years by Hoi+Polloi · · Score: 4, Insightful

    The copyright advocates lose a lot of respect, in my eyes, when they pushed to have copyrights extended to a ridiculous 75 (+20) years. Somehow they feel they should have a lock on culture for generations. Disney of course pushed for this just around the time they're copyrights were going to end. Nothing sleazy about that! Everything created has a piece of something someone did before them in it. Nothing is 100% original yet companies like Disney feel they can use the ideas of others and then deny use of their result in turn. Too bad the Brothers Grimm couldn't copyright their work for a few hundred years, Disney would never have gotten started.

    --
    It is by the juice of the coffee bean that thoughts acquire speed, the teeth acquire stains. The stains become a warning
  53. my thoughts on piracy by jaimz22 · · Score: 0

    it's a bit off topic.. it could possibly be because there was almost no never version of the most common pirated versions of software in 2005? Maybe if larger money hungry software companies make a free version of their software (just watered down of course) people wouldn't need to pirate as much.. I mean look at photoshop. some 14 year old want's to make a website, but that kid can't afford photoshop, but he really can't make graphic in mspaint! so they download a pirated copy of photoshop. And while their in the process of getting it they decide "well, hell i can code html and stuff in notepad, but i think i'll download dreamweaver" it's a downward spiral! if there were watered down free versions of software more available i believe that pirating would show a loss (in software that is). as for music, i think if the DRM crap went away you'd see more people buying music personally i don't want to go pay $10 for a cd that i can only listen too on my home computer, maybe i want to rip it to mp3 and take it to work and listen to it there, or maybe i want to burn a disk of mp3's to listen to in my car's mp3 player. one thing i do know is that mp3s that i download have no problem playing where ever and whenever i want all said and done, the locks only keep the honest people out, because as long as there's a new lock there's someone that can pick it...

  54. They what??? by Nom+du+Keyboard · · Score: 1
    They make it up. Wow! That's news to us all.

    I'm betting a lot of people download stuff that they'd never buy in the first place, P2P or no P2P. To call every instance of that a Lost Sale and value it at iTunes monopoly pricing is absolute Fraud!

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  55. Getting my song back... by phorm · · Score: 1

    Ahhh, so you've been talking to this guy, then

  56. Sales stats... by phorm · · Score: 1

    Well, my guess is that rather than poorly the stats *entirely* from their rear cavities, they do some form of cross-reference on music sales stats and determine that part of the drop in various regions is due to piracy. So it could be that piracy stats are extrapolated from music sales (or lack thereof) stats, although really all such things could indicate would be a lack of people buying crappy music.

  57. Target audience by williambbertram · · Score: 1

    This article was written for the 37 people (all employed by the entertainment industry) who believe any of the entertainment industry numbers. The rest of us know that the entertainment industry P2P loss reports are created with this tool:

    http://www.random.org/

  58. Re:Think of the people you're hurting. by MobileTatsu-NJG · · Score: 1

    "Psst, hey buddy, the post in question is plagiarized and it's 4 years old."

    I was the one who originally wrote that post. I lost over 16 million dolllars as a result of its widespread copying, but I won't go into detail as to how I arrived at that number.

    --

    "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

  59. Law vs Ethics by Aceticon · · Score: 1

    The way many Slashdoters position themselfs in this matter comes from the fact that at the moment, in the IP arena, the Laws of the land are very far from the Ethics of the people.

    Copyright infringement is against the law. No doubt about it.

    The big question is: Is it ethical to copy something without paying the owners of the IP?

    Hence the way the discussions around go - the vast majority of the discussions are not about "Is piracy against the law?" but instead they are about "Is piracy wrong given the way IP rights are given nowadays?"

    In this context, the always returning posts condemning the use of the word "theft" when refering to "copyright infringement" are there because ethically and morally, there's a world of difference between "taking something away from somebody else" and "making a copy of something which is owned by somebody else" and because those which say that piracy is "theft" are trying to muddle the waters of the ethical discussion by trying to create in people's minds an association between "copiright infrigement" and "taking something away from somebody else" when in fact, it's actually "making a copy of something which is owned by somebody else".

    It's only natural that those which believe that the Law does not reflect anymore the wishes of the people (or in other words, what people think is "right") will ignore or even fight the Law. Around here, that takes the shape of discussions about why IP piracy is not wrong altough it's against the law.

  60. How big is the elephant? by ChaosDiscord · · Score: 1

    That the claims of lost revenue are inflated are directly relevant to "the elephant." You claim "that piracy is substantial...." How do we know that? Perhaps the impact of piracy is actually quite minor, largely controlled, and has little to no impact on society as a whole. Maybe it's a massive drain on society as a whole. But to make rational decisions we need realistic estimates of the damage, not the inflated numbers that the industry likes to throw around. The industry likes to throw around the inflated numbers because it wants to seem Really Important and convince government to spend more more money defending their profits. This is good for the industry (taxes are used to protect their bottom line), but if the actual damage from piracy is actually relatively low, it's bad for society as it's a handout to business. Take shoplifting, actual theft of product. While it's a serious matter, in reality it's not a major epidemic. We expect stores to largely police themselves, paying for security systems and guards.

    Yes, there is an elephant in the room. But is it a mimmoth that industry should deal with themselves, or is a mammoth that requires additional government regulation and expenditure of tax dollars? To make that decision we need realistic numbers.

    1. Re:How big is the elephant? by AK+Marc · · Score: 1

      Perhaps the impact of piracy is actually quite minor, largely controlled, and has little to no impact on society as a whole. Maybe it's a massive drain on society as a whole.

      You left out one option. What if all the pirated copies of Photoshop, Office, Windows, Nero, etc. are used productively? It is possible that piracy, though a "drain" on one group of companies, may be a net benefit to the economy/society as a whole. Note, I'm not saying it is, nor that I believe it is, but the apps are pirated as much or more than the games, and if the "other side" is going to use inflated statistics and hyperbole, then someone should make sure to examine the other end of the spectrum.

  61. Oooo by shaze · · Score: 0

    Dear Honest Person, Thanks for the clarification, I'll remember that the next time I see one of you low-sharing cunts downloading my 1337 w4r3z and just cut you off. I am fucking Robin Hood and I am creating change, perish the thought that I would steal without merit. Jackass.

  62. Re:Think of the people you're hurting. by Monchanger · · Score: 1

    Finally, the proof I've been waiting for all this time:

    People who listen to Christian Rock are murderous pirates!

    Let's round 'em up and get them churning out license plates.

    That post should be modded funny. I love this idea of regulating music. Sounds almost as simple as letting people own guns, but keeping them out of the hands of criminals. We can require people to purchase a license before they can listen to music and deputize music store owners, granting them the power to revoke the license. I wouldn't mind at all being pulled over every few days and showing a cop my music license. Awesomeness, let's get right on it.

  63. Re:Well duh... by AK+Marc · · Score: 1

    How can you be a victim of "extortion" when you have freedom of choice to buy or not buy the product in question?

    Well, if I were to have naked pictures of you and I told you that I'd give them to all your coworkers if you didn't pay me $100, then you'd be extorted but also have the "choice" of not paying. You don't have to choose. However, if you are a network engineer and trade network diagrams with other companies, both needing to edit those documents, you'll be pretty much out of business if you "choose" to not use Visio. Sure, I could "choose" to be a farmer, but that isn't a convenient choice, just like choosing to have nude pictures delivered to all your coworkers is inconvenient.

  64. American Boneheads - the author meant "sighted" by Anonymous Coward · · Score: 0

    Of course the article meant to write "sighted". The article's author is commenting on an unpublished draft report, which hasn't been published (hence, you know, unpublished). So there's no way he could've meant (or done) the act of "citing". The author infact "sighted" the draft report, that is, he _saw_ it. Before publication. With his own eyes.

    Hence, sighted.

  65. Universal sufferage by dbIII · · Score: 1
    Sorry, I thought you were espousing mandatory voting

    No that's me. I see it as the duty of every citizen of a democracy - turning up to be counted and taking part in the democratic process, even if you turn in a blank paper. I think that is part of the reason the worst thing an Australian leader has been hit with is a thrown egg - which strangely enough resulted in the formation of the Australian Federal Police.

    If you can yell incoherently at the leader of the country from the side of the road on any morning as he walks past (without fear of arrest) and if you feel you personally have a say in voting him out every three years there is less chance of some loonie taking extreme action.

  66. Re:Think of the people you're hurting. by zacronos · · Score: 1

    if you don't adapt to the market you have no chance to survive.

    Make your time.

  67. Can't fool the tax man, folks. by clambake · · Score: 1

    Business Software Association showing $361 million a year of lost sales.

    What do you want to bet they won't be claiming that business loss on thier *taxes*?

  68. Re:Well duh... by Anonymous Coward · · Score: 0

    Perhaps nothing changes for the economy as a whole, but that person may buy what they downloaded instead of something else if they couldn't download it. In this case the producers of the downloaded item have lost profits, though of course not every downloaded item represents a lost sale, there is likely to be some loss.