Game Developer Asks To Hear From Pirates
cliffski writes "Indie game developer Cliff Harris has long waged war against games piracy, but has issued a call to pirates to tell him why he is wrong. Assuming that developers are missing out on potential sales from disgruntled pirates, Cliff wants to hear specifically from people who have pirated his games. Not to criticize or lecture them, but to answer a simple question. Why? The reasons people give for copyright infringement/piracy are many and varied, but much of the debate has centred around music and movies, with big 'Triple-A' games an occasional consideration. With specific application to the world of small budget 'indie' games like those Cliff makes, he wants to know the thought processes behind people pirating the games. What puts people off buying? Is it quality, cost, DRM, ease of access? Is there anything that can be done to convert those people to buyers? While many pirates often make good general points about the reasons for the widespread pirating of PC games, it's unusual to get a chance to address specific developers with specific reasons. If you knew 100% that the developer would read your email explaining why you pirated their game, what would you say?"
If I can't try before I buy, I often just don't buy.
I "pirate" a game to see if the damn thing will work on my system.
If it does, and I like it, I buy it. I have about a dozen games like this that I play. Lots more that I've tried and deleted.
I still use the no-cd crack because that shit drives me crazy. It's lousy copy protection and it just pisses me off.
I'm not anti-social, I'm anti-idiot.
Arrrgh!
i'd imagine that would be the case of many
Here's to finally giving Bush his exit strategy in November
He's not wrong, and the pirates know that. There are a few excuses that are legitimate (lost/broken CDs) and some that are semilegitimate (abandonware), but most pirating is just people wanting something for free.
Also, pirates do it for fun. No, really, they do. Read some nfos from respectable groups like Razor1911, Deviance or Fairlight, and you're bound to find a note on "why" etc. They also tell warez-users to go buy the stuff they pirate. "If you like it, buy the game - we did!", or something in this context.
"We are the music makers, and we are the dreamers of dreams [...]."
I've never played his games, but usually I "pirate" because some devs/pubs feel it is necessary to install "copy protection".
I get rather annoyed when a game won't play because I have a virtual drive on my computer.
You mad
...and I will buy it, just like I have bought Sins of the Solar Empire, Galactic Civilizations II and Space Rangers 2.
Note that SR2 I originally passed as it was originally published - it had Securom copy protection, so I let it pass.
http://www.impulsedriven.com/ is Stardock's new system, looks very promising (and more friendly than Steam, which is also nice).
I think a lot of the true Pirates will avoid the contact because they'd be concerned about their anonimity. He'll hear from the part-time leechers and the 'try before buying' crowd, but the folks who do the actual work on cracking a game probably won't make a sound.
What if Slashdot did one of those 'ask-the-developer-a-question' forum, and they took the top reasons, then sent them in (with the understanding that the developer would get back with replies and/or rebuttals)?
"First things first, but not necessarily in that order."
- Doctor Who
Pirates deliver a more convenient product at a better price
The more convenient is the killer. I don't mind paying a reasonable amount for a game, but I won't buy it if it treats me like a criminal (I won't pirate it either, I'll just ignore it). I bought EV Nova a few years ago. I copied it across to a new computer when I replaced my old one and it told me I had to re-authenticate. Unfortunately, I had to authenticate via a protocol that was blocked by a firewall between me and their servers. I bought some games that needed the CD in to run. Playing them years later, often I couldn't find the CD, or it was scratched. Or I wanted to play them on a laptop on a train and the CD drive flattens the battery too quickly. I bought some with a serial number, but came to install them later and found that I could find the CD but not the case with the serial number on it.
Compare this with the pirated version of any game. It's typically an archive which you extract and then run. No fuss, no effort, nothing getting in the way of enjoying the game. Anti-piracy measures only ever affect the legitimate users. Pirates have fun circumventing them and then aren't bothered by them once they're cracked.
I am TheRaven on Soylent News
He asks what he can do to "convert more people to become buyers". You can't convert people that wouldn't have bought your game in the first place. The only way to stop people copying your game is to provide more value to a so-called pirate such that the "pirate" gets more utility from the game by paying for it than by downloading it. If your game sucks and provides only marginal utility, even if he couldn't play the game for free the game he wouldn't have paid for it.
Not really for any specific reason, but here are some of them:
I earn money now. As a student buying that game was taking food/alcohol money.
I don't have less free time. I have to be more selective. I play less games and the cost to purchase is the least of my worries. In fact it probably saves me cash as if I was out doing something else, I'd undoubtedly be spending more money.
I like on-line a lot. I bought Battlefield 2 for the magic code that let me go online - and I've not chipped my 360 for the same reason.
Cracking stuff makes me feel guilty. I mean yes there's all the arguments about how paying for the game gives you a more restricted copy - but Oh I dunno. If it's a good game somebody has poured their heart and soul into it, and I don't want to make them sad.
Steam - I like steam. I go there, I buy a game (after playing a demo maybe) and there it is to play a few minutes later. I can't be arsed fiddling with CDs, I usally lose/scratch them. If I'd put my thinking cap on and designed my own online distribution system - it'd look like Steam.
I'm not involved in the scene. Getting a pre-Jap release of Metal Gear Solid through the post, complete with japanese stamps on the jiffy bag - that's exciting. Clicking on a torrent link or browsing usenet.. not really a challenge. Strange point this one, but I liked the days when stuff had to be posted, or tracked down to an obscure hidden FTP dir. Too easy now.
How to stop piracy? Well that's a tricky one as I think everybody has their own reasons. If you genuinely can't afford the game - then nothing's going to stop that person pirating it (and if there's been no sale to lose - who cares?). If anything it keeps somebody in the market for future releases and hey they might turn into me and start buying them when they can.
Possibly the other thing is to make the makers of games more important. If you've been reading the blog of somebody who is making something - or eagerly tracking the return of Sam and Max - then you're going to feel more inclined to show support and buy it. When some movie-tie-in appears on 9 formats the day of the films release from 'somewhere' - well I'm not feeling a great emotional attachment to the producers.
Final bit is that I think game makers are starting to be nice to us and understand what we want. We don't have it too bad. Compare what's happening with online distribution of music and movies..
it's a question of which pirate channel you want to stop.
1) the "hey chris, want a copy of this new game I got? It's great and there is no protection"
2) the "Arrrr, we've stripped out all the protection so you can now put a copy of this on yer hard disk and make easy backups"
All games should have *some* method of trivial protection to stop case 1 because it destroys sales. Most people are immoral when they are anonymous.
The most effective protection I've ever seen is new content created by the developer on their web site that the game must phone home for. It must sign in with a unique id and after a couple successful downloads, that id is locked until the next content release. The protection is on the server side.
I would recommend the following model.
1) Create content on the web site that must be downloaded with an ID that updates the program as well. Tightly integrate the downloaded data with the multiple gigabytes of data that already exists. Don't be an idiot and make it a stand alone 2mb file.
2) Set an arbitrary date when the content will stop (12-24 months) and the game will be unlocked due to an expectation that sales will drop to a level that support for problems is impossible. At that point, make the game unprotected and get good will and trust from your customers. And even then, you'll still get new sales- but the main wave of "hey chris" copies has passed.
She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
It's this poor attitude that is not only growing but becoming a staple of online communities with regards to stuff that can be transmitted.
And the truth is you don't get it for free. You get it subsidized by the people who do pay. But if enough people don't pay that something fails (IE the production loses money,) then it won't happen again.
Of course, rationalizations make it all easy to justify.
Look, I don't want to pirate stuff. I'll happily pay to go see a movie, and I'll happily pay to buy a good game (without even downloading it first to try it!). But here's what I demand in return: treat me with respect.
I'm not trying to be antagonistic, but the above are my non-negotiable requirements for buying software in general. I'm not out to share copies or take anything away from you, but in return I want acknowledgment that I don't owe you any extra favors just because I bought your stuff. I'm your customer and want to have a good relationship with you, so don't treat my like an asshole just because other people ripped you off.
Dewey, what part of this looks like authorities should be involved?
The percentages of each of these might be interesting to find out. More important, however, is the percentage of people who didn't buy your games who pirated them. Since, I would imagine, most people on this planet didn't buy your game, and only a tiny proportion played it at all, then this number is almost insignificant. The correct question is:
Why did people who didn't buy my game not buy it, and how do I change this?
Whether these people pirated it or not is a side-question - a distraction. I can give you my answer to this:
Beyond that might be the price. I haven't looked at how much you charge for your games - three reasons not to buy them before I even found out what they were about made me stop looking - but a lot of companies charge a lot more for games than I would consider them to be worth (especially in comparison to something like a DVD or a book).
I am TheRaven on Soylent News
Hey Cliff,
This is going to get modded flame bait but this is probably one of the reasons why your games in particular are getting pirated and not so much bought: people are downloading the pirated version, trying it a couple times, but because the game play is boring and repetitive, they are deleting it.
Your games are all the same with different graphics, they're all the "tycoon" style simulations with minor variations. I know this is probably not what you want to hear, but most people are generally good in that if they play a game a lot they will buy it.
Your games are niche and your intended market isn't going to be going online and downloading them, they won't be that savvy. Your market is looking for them on the shelf at bestbuy and getting roller coaster tycoon instead.
If it is good, and I've got a pirated copy working, I still 'buy' a copy, but never bother installing it (if the cracked version works fine).
that way, I'm supporting the devs and I've got a working game.
Here's my reasons why I do not buy most games - and why I go out of my way to buy some..
1. Copy protection - There should be nothing in a game preventing me from making a copy. There should be nothing in a game that installs 3rd party bullshit on my computer. I would rather not even enter a unique code. Face it, no matter how great of anti-piracy software there is, if I buy the game it inconveniences me - while the pirated version that is easily downloadable on the Internet will not have those inconveniences. If I want to loan the game to a friend, and let him play it a few days, LET ME FUCKING DO IT. I BOUGHT THE DAMN GAME.
- THINK ABOUT THIS: Anti-piracy efforts typically only affect the people that bought and paid for the game. They are always an inconvenience. In all circumstances, the pirated version on the Internet (and it will exist no matter what game, no matter what copy protection), has most of those inconveniences removed - though the game may be missing material, have new bugs due to anti-anti-piracy, and generally have less value to the opinion of the game.
2. Pricing - Every damn PC game comes out at a ridiculous price - $60, $65, even $75.. and every damn PC game is $19.99 bargain bin after 3 months. How about make the price somewhere in the middle and keep it there. I'll buy games on release date if I knew the price wasn't gonna fall by 2/3 in a month. I think $25-30 pricing for games makes it almost more convenient to buy it - provided my other points are considered.
3. Community support - Let the community mod the games - and support them! Nothing is better than a game being released and the community taking over and creating unlimited amounts of new maps/levels.. unless the developer puts some of their own resources back into the community.
4. Pirates buy games - Yes, many pirates also buy games. When I actually had time to play PC games, I pirated many and bought many - and I definitely bought more games that the average person. Consider that. I don't like being called nasty names when I feel perfectly fine with my reasons for pirating - usually too much copy protection.
5. Don't make me have to insert a damn CD when I play the game!!! I bought the game. The pirated version doesn't make me insert a CD, why should the bought-and-paid-for version? My cd player is in my computer on the floor at the corner of my desk - and I'm a lazy gamer that doesn't want to have to open my book of cds, find the right one, and insert it! oh wait.. my cd is scratched. fuck me.
6. Stop being so goddamn confusing with the patches! I have 'pirated' games I bought just because installing the original cds, downloading the patches, installing them in order were so annoying and time-consuming. Here's how you do it. Release a game. It is version 1.0. Patch it. It is called patch 1. Now the version is 1.1. Every new patch should not require the older patch. There should never be a game version like "Awesome Game 1.01.07.0003 p004 with Nvidia enhanced drivers". WTF is that.. That makes me wanna turn my brain off and play Xbox.
7. Offer refunds. Yes, risky.. BUT DO IT. I bought X3 Reunion and was not able to play it for a long-ass time because I only had an external cd burner due to their fucked up copy protection. I posted on their forums. I was told everything was my fault and nothing was their fault. Think I'm ever gonna buy an Egosoft game again? Fuck no. Note: You would most likely have to offer 1/10 as many refunds if the game did not have copy protection. And, 'this game sucks' is not a valid refund request. The reviews are everywhere. If someone buys a game rated at 44%, they deserve to be out the money.
8. Bump up the minimum requirements. Don't say the game will run on a P3 1ghz with 128mb ram if it needs a Core 2 duo at 2.6ghz with a Radeon 4850 just to look decent! Why? Because Joe-dumbass will buy the game and try to run it on his son's shitty laptop with Intel integrated graphics. After doing that once or twice, guarantee he will becom
--- We need more Ron Paul!
1. I was cheap.
As a teenager in the early 90s, I had about 1/30th-1/15th the cost of a then typical game coming in as pocket money each week. If I skipped lunch each day, I could maybe boost it to 1/5th of the cost of a game each week but I went hungry a lot.
Realistically, the only way for me to play the games of the time (Strike Commander, X-Wing, Stunt Island, etc.) was for two or three friends and I to each buy a fraction of the games and let the others take copies in exchange for taking copies of their games, ourselves.
Not noble. But when you're twelve or thirteen, nobility doesn't really factor in when compared to getting or not getting to play all the games the magazines were hyping up.
My best suggestion for this one?
They don't really have the income, nor are they going to get the income. You can't find a way to make people without money more profitable today.
What you can do is find a way to give them an alternative other than piracy so it's not so habitual when they finally do have money. Plus you can build their enjoyment of gaming so, when they do have money, they ultimately spend it on games. Perhaps some kind of a deal with after school computer clubs where the school systems get licenses for the games if the school wants to open them up after hours? Yes, gaming hardware, yadda, yadda... but many indie games don't push hardware in the same way.
2. Quick Network Game At Work
Everyone deserves the right to get a humiliating kill in on their boss from time to time. Getting ten or twenty people to all have a copy of a $50, just so they can play for an hour once a week, is plain crazy.
Games with real demo modes... get played on the demo mode (and those that enjoy it at work go and buy the full game for home use). Games with no demo modes get no CD cracks. With the number of discs needed, quick math has everyone asking, "Do I feel $1,000 bad about copying?" They never buy a copy afterwards as they already know how to crack it.
Solution 1: Good demos. The real old kind. Think Doom where you could play the first third of the whole game.
Solution 2: Charge for the server, online multiplayer, single player content. Give the LAN client away. Add a few extra loading screens to the LAN only install that remind you that the purchase gets you so much more. Let it serve as your advertising where you'd never get the sales anyway. 20 players all tempted to buy the full game if it's good beats the hell out of 20 pirates or 20 people who're playing something else.
3. A Lot Of Games Suck
Sorry, harsh reality check. We've all been burned by games that bought advertising on game review sites and strangely got very prominent placement and a more glowing review than they deserved. You only have to drop $50 for a Matrix game that sucks mightily, a D&D game that constantly fails its saving throw vs. crash to desktop, or Doom 3 that looks amazing yet leaves you staggeringly bored (holy crap, did I just imply I miss Romero?) and you get jaded fast.
In my case, now I'm older, money's less of an issue but time is, I tend to just skip a lot of games entirely. In the past, I'd take a copy just to try it and then... well... I had a copy, what was the point in finding $50?
Solution: Good demos again. Ones with a real, appreciable, chunk of the content.
You want to be even smarter with extra content? If there are eight chapters to your game, give away chapters 1 & 2 so people get a good chance to try it. Then offer the choice... The $40-50 box buy for all the rest or they can just buy what they want at $10/chapter via online activation. This way, your barrier of entry to the next chunk is WAY lower.
4. Nothing In The Box But Digital Data
Digital data can be grabbed from the internet or copied from a disc.
I remember a time when manuals came packed with back story, maps, hints and tips, walkthroughs of the first level or two, tables of information on spe
Or maybe it just didn't occur to them that sharing amongst their friends is immoral.
And yet strangely, when they get a job, they expect to get paid for their own work.
If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
IMHO, this is THE million dollar question here, it's more important to find out WHO, than WHY.
I remember when Sierra released a multiplayer game called Tribes. It had absolutely NO copy protection. It installed completely to the hard drive. No cd-key was required to install it. It never performed a CD check. Even though it was multiplayer only, it did no online checks. Even the crudest CD-writing software could make a simple backup. I remember reading a developer blog which mentioned that at peak times, there were about 50% more people playing Tribes online than actual CD's sold. However, the game made a decent profit, and Tribes 2 was given the green light for development.
This would be extremely useful information to justify expensive and time consuming DRM and anti-piracy schemes. I have not seen any studies done to see who pirates games.
If you knew from a valid study that 99% of the people who pirate your games are less than 15 years old and live with parents, you might not spend as much money on incorporating DRM in your product.
This would be an excellent PhD topic for some business graduate.
However, if the study returned data that suggested a majority of your pirates are people in their 30's making over $80,000 a year and owned a Prius, then something to prevent trivial copy/burn might be justified.
You are quite correct to apply supply and demand economics to this problem. The "intellectual property" industries (movies, music, and computer software) rely on the artificial legal construct of copyright in order to extract profit from an activity that produces a "product" that, once produced, has an infinite supply and near-zero cost of distribution.
The natural state of affairs is to eliminate the artificial legal construct of "copyright" and just accept that anything that can be rendered digitally is free to copy.
The usual objection is "well then how do artists/writers/producers make money without copyright backing them up"?
The first response to that question is to point out that it is not the responsibility of the state or society at large to see that any industry remains profitable. Once upon a time there was a thriving buggy whip industry, but there was no legal construct erected to protect buggy whip manufacturers from being obsoleted by the forward march of technological development.
Notwithstanding, the question of "how can an artist make a living without copyright?" is a valid one. Happily, there is a historical answer - patronage.
Not so very long ago, it was practically impossible to distribute artistic product at all. Without any form of recording device, the only way to hear Mozart was to go see Mozart. Want to see Shakespeare? Go to the Globe Theatre. Want to read Ovid? Pay the enormous costs of finding a copy and then having a monk copy it by hand.
The flip side to this is that as an artist, given that the costs of producing your art were so very high, the only way to make a living doing art was to find a rich man who would hire you to produce the art - a patron.
The nice thing about zero-cost duplication and distribution of artistic content in the modern age is that it allows the cost of patronage to be spread across a very much wider audience, meaning that the cost of being a patron is very much smaller.
In effect, erect a means where your customers/fans can get money to you, and then let it be known that if they wish to see future product, then they need to contribute to the pool, or development will cease.
Yes, many people will just download the game/song/whatever and never pay. So it goes. But if the product is good enough, enough people will contribute to allow you to continue developing more product - and that's a win. How many of us get to make a living at their passion?
DG
Want to learn about race cars? Read my Book
It turns out that the article summary presents a very different question than what the actual article author asked. I responded to the SlashDot version first, and the real version second. I also primarily posted this on my blog so that trackbacks would go appropriately to his blog. Still, since there are more people here, I'm leaving the response where I found it, so that I'll get responses.
I've been running and co-running a number of small communities about game development for more than a decade now. Several of them have a real problem with pirates who show up looking for help with piracy. It's sometimes hard to tell the difference between a pirate and a kid using the wrong terms for things ("how do I build my ROM", etc); as such there's sort of an ongoing competition among the people who run these groups to see who can get these goons to uncover themselves the fastest, usually by feigning sympathy.
As a result, I've seen about three times as many warezers as the human population of Earth. Every single one tries to tell me, after they're removed, how it's not their fault they stole - the game is too expensive, or they don't want to feed EA, or they'll pay for it if they like it. Many of them have already forgotten that during the sympathy phase, they gave us lists of the games they had. Particularly galling are the people who brag that they have ROMs of every single DS game, or what have you, then turn around and pretend that it's just due to cost.
With respect, Mr. Harris, you're asking the wrong question. You could be selling your game for a quarter with a change accepting machine in their rooms; they wouldn't buy your game. They're out there getting every game they can find, often just for the bragging rights of having stolen more than their peers. Many of the people stealing your game haven't even heard of it and will never play it. These people cannot be converted into customers; they are too used to theft to recognize it as such, invariably vomiting up the same tripe about a false and meaningless distinction between copyright violation and theft, because they don't think of themselves as thieves and cannot face the honest nature of what they're doing. These people will never voluntarily give up money for your hard work, and you cannot get them to stop taking your work.
There are two somewhat more legitimate questions you might ask, however.
The first is "how can I profit from these people." That's not the same thing as turning them into customers. For example, though I do pay for my games, I play a lot of free games on the web which I wouldn't pay for (I'd just play more Civ instead.) DesktopTD is a great example: when it was news to me I would not have bought it because it looks poor, and by now I've played it so much that I don't even play it for free anymore. During my addiction I might have paid a couple of bucks for it, but probably not, and the market doesn't offer a sales mechanism that hits that phase.
However, DesktopTD has probably made about $3.50 from me by now. I'm not pulling that number out of thin air; I made an honest estimate of plays based on my best guess about when I found the game and how often I play, and ran it through the numbers for MochiAds. Admittedly, I'm not a warezer, so my example applicability is limited, and indeed I do know a few people who brag that they're running ad blockers so they're not inconvenienced with ten seconds of advertisement to put money in the developer's hands, even though the developer is giving their game away. Most of these people, unsurprisingly, are warezers.
The other questi
StoneCypher is Full of BS
as opposed to stuff they have to pay for
duh
the real story is that there are people out there for whom this is an earth shattering parable bending conceptual leap forward
if we must make an intelligent observation in a thread under a really stupid question, let it be this:
once upon a time, some german dude invented the printing press, and previously uneducated clueless serfs were now able to read on the cheap, birthing the middle class, and fancy ideas from the likes of voltaire and jefferson about equality and democracy. no one intended this, no one planned it, but this is what the printing press did
of course, the previous understanding was there was an aristocratic class, who knew all and decided all, and the uneducated rabble, who were to be herded and put to work, and that is the way god ordained it. there are still people coming to grips with the way the printing press has changed this equation
well, now we have the internet, no less earth shattering than the printing press. and what is the internet going to change?
it destroys the concept of intellectual property
you either get that, or, like those who still believe in the preeminence of a ruling class, you don't get it. and you will be befuddled for many centuries to come
intellectual property is dead. the internet killed it. understand that, or not, but it is the truth whether you like it or not. deal with it
intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
There is a fundamental, philosophical, problem with the traditional means of distribution: the product is abundant.
Cars are not abundant. It takes a significant expenditure of materials and effort to put one together. When I drive off in one, I cannot simply dupe it and give the dupe to my friend. The laws of physics dictate a level of scarcity to this good, and as such it makes perfect sense to expect to receive money from every person who obtains a car.
The world of "data" follows different laws of physics. Once I have the data in my hot little hands, I can dupe it and give it to my friends at zero direct cost to the producer. There is no deprivation of use nor loss of mineral resources nor expenditure of manpower nor anything of the sort on the part of the original developer when I dupe the game. None. And I can keep duplicating this ad infinitum, at the same cost (of zero). Furthermore, my friends can do the same thing with the copy I gave them...there is no quality loss. Once the good exists, it can instantly exist everywhere. It is "abundant."
So, since data follows these laws (rather than the laws of physics as they apply to physical goods) people feel like they are being cheated when they are asked to pretend like data follows the laws of physical matter. They feel like they are buying into a game of control that is unfounded in reality and ultimately to their detriment (since they have to pay money for something that doesn't cost anything to produce *at this point* (excluding initial development costs).
I think that is the crux of the issue. We all know the good is abundant, and we all feel like pretending it is not abundant is just silly, and harmful to us (our money is valuable and if we can get games for free then we have optimized our entertainment budget and have more money left over to spend on things like real cars or educations for our kids or what-have-you).
What about the potential sale that we are "stealing" by copying a game? We tend to respond to such a representation of the situation with great cynicism. We feel like the only reason you feel entitled to every single "potential sale" is because of your insistence in everyone pretending that an abundant good is not abundant. We also feel that the dog-eat-dog world of capitalism doesn't guarantee a ROI on any kind of development project, so when you pound your fist in frustration at your inability to monetize your efforts we just say, "so try something else...thats what every other entrepreneur in the world has had to do...what makes you special? If you can't make money making games, do something else, and stop whining." That is the same answer we get when we complain about being downsized, or having low-paying jobs, or what-have-you...so we are just responding in turn.
Lastly...the age-old mantra that if you can't get money for every copy of a game sold then nobody will produce games. I call BS. Piracy has been alive and well since before the computer games industry even existed...and since long before DRM existed...and the games industry thrived anyway. And it still thrives, despite the continued piracy. Enough people pay for the games (even though they don't have to) that the industry remains profitable. If that model suddenly stops working, alternative models will take its place (subscription-based games and so on). If that doesn't work, and we actually reach a state of utter cultural impoverishment where no games (or music or movies, for that matter) are being produced because nobody can figure out how to make a living doing it (and no hobbiests manage to churn out anything but crap)...which I maintain is an economic impossibility...but if it actually does occur THEN it might make sense to talk about legislation...and there would be a conscious buy-in to the legislation from the masses who are hungry for cultural enrichment. However, this has not happened, and I therefore submit that it makes no sense to try to preemptively pass laws based on the premise that it might happen (given that it is unlikely and that the situation could be remedied after the fact anyway).
I identify most with a group which I'll label "The Conditional Pirates". Pirates who see a critical flaw in your product. They can be converted to sales, but you flubbed something significant that's a barrier to their willingness to buy. Game lacks crucial features or was abandoned.
The flaws I notice the most which will prevent me from buying is overzealous tamper protection (like GameGuard, PunkBusters, etc.) which somehow restricts my use of software which I paid for (or would have). As a Linux user I'm particularly offended when developers use tamper protection to make sure I don't run their program in Linux. Once I pay for their software, they shouldn't care or have any say over which computer, operating system, or environment I run it in. Because of that, I won't pay for software which will police how I use it after I buy it.
The other flaw is abandonment of a game. Buying a game comes with an expectation of support because game developers ship games fully aware of the many bugs it contains and intend to patch them later. When I buy a game, I'm not given the option of "abandoning my payment", but game developers/publishers choose to abandon each game at an arbitrary point, sometimes that point is acceptable, many times it's not, and pirating games is really the only weapon people have against abandoned game rot.
If you build a relationship based on lies and deception, expect it to go both ways. Game developers/publishers lie about the fitness of their product, and the consumer lies about their purchasing status.
A few specific cases:
Shadowrun (Windows Vista/XBox 360) - Released June 2007, Abandoned September 2007. Company closed a few months after release, the game still has many critical bugs that lead the game to have about a 20% crash rate. There are no game servers, it's entirely peer-to-peer so the company was able to wash their hands of this mess 100%. Take notice, the game developers felt no obligation to let players know they closed the studio and abandoned the game. For 8 months after the release, the game's web site still had information leading people to believe it was a vibrant an active game supported by the company with a message that you could "play against the developers!"
Giants: Citizen Kabuto - Released December 2000, Abandoned immediately upon release. I bought this game on the day of the release and the game's link to play online brought you to a web page which said they had changed their mind about supporting online play, and recommended you give Gamespy Arcade a shot if you want to play multiplayer. To make a decision to pull a game's support on or before the release date is shady by any definition. It didn't stop them from talking up the multiplayer features on the box or on their official web site.
Tribes: Vengeance - Abandoned upon release. The company even stated in future messages on the forums that support of the game was conditional on the game's success. They knew the game had a lot of flaws when they released it, and even completed development of a patch, but decided not to release the patch because they didn't see a future in supporting the game. That's real hard for my mind to process. That they would actually pay for a patch, get it, and decide not to release it for spite of poor sales. Their refusal to release a patch they had already developed was nothing short of malicious.
When game developers are so willing to treat customers maliciously, why should I feel like I owe them something? To address the argument that "My company doesn't screw people like that..." As an industry, developers and publishers who do screw people aren't ostracized by the ones who don't. The first time Vivendi Universal screwed people, every development company under their umbrella should have turned their backs on them. It should have become virtually impossible for Vivendi to stay in the industry. But companies which have poor practices aren't ostracized, it's seen as business-as-usual or a "toug
Let's say you create a game on the assumption that 500,000 people will want to play the game, based on demographics and popularity of similar games. You want to sell it for $50 each so that's a $25,000,000 budget - pretty good!
This is exactly where most games lose me. I work full time, have a family, etc. There isn't much between minesweeper and Unreal for non-dedicated PC gamers. Nintendo game found this market wide open with easy to learn games that doesn't require complex manuals and a large dedication of time to enjoy. Much of the piracy is simply limited time and money budgets and wanting to try lots of games. They are not priced for casual gamers. I've never spent over $20 for a single game. I sometimes pick up recycled games as I don't need the latest and greatest. With online registration and failure of right of first sale, even this has died.
Now days, I stick to older games, Linux games, and other mindless time wasters. (the demo games are fun)
Often the demo is almost playable to encourage you to buy the full version, but the full version is priced for hardcore gamers.
The truth shall set you free!