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An In-Depth Look At Game Piracy

TweakGuides is running a detailed examination of PC game piracy. The author begins with a look at the legal, moral, and monetary issues behind copyright infringement, and goes on to measure the scale of game piracy and how it affects developers and publishers. He also discusses some of the intended solutions to piracy. He provides examples of copy protection and DRM schemes that have perhaps done more harm than good, as well as less intrusive measures which are enjoying more success. The author criticizes the "culture of piracy" that has developed, saying. "Fast forward to the 21st century, and piracy has apparently somehow become a political struggle, a fight against greedy corporations and evil copy protection, and in some cases, I've even seen some people refer to the rise of piracy as a 'revolution.' What an absolute farce. ... Piracy is the result of human nature: when faced with the option of getting something for free or paying for it, and in the absence of any significant risks, you don't need complex economic studies to show you that most people will opt for the free route."

95 of 504 comments (clear)

  1. Piracy is the result of human nature by gardyloo · · Score: 5, Funny

    Piracy is the response of all good, thinking people to an epidemic of Ninjas.

    1. Re:Piracy is the result of human nature by cpghost · · Score: 5, Insightful

      Piracy is what happens near Somalia right now. Oh, you meant copyright infringement? Nevermind...

      --
      cpghost at Cordula's Web.
    2. Re:Piracy is the result of human nature by chaoticgeek · · Score: 5, Funny

      I still hold to the picture I found online somewhere that explains copyright infringement and piracy. It defines piracy as "Stealing shit on the high seas." Which I find to be much better than what most people say it is... Not to mention it is so much more funny when people bring up piracy and I ask them when they started stealing shit on the high seas.

      --
      hello
    3. Re:Piracy is the result of human nature by johnsonav · · Score: 4, Funny

      That reminds me of when I went to the computer store to buy a new laptop. The salesman asked me if I'd like to buy a mouse too. I told him no. I didn't think it and my cat would get along.

      --
      ... and that's when the C.H.U.D.'s came at me.
    4. Re:Piracy is the result of human nature by KDR_11k · · Score: 5, Funny

      Piracy is the attack on a ship or airplane over international waters using another ship or airplane. Unfortunately sky pirates don't seem to exist, they'd be so damn cool they'd counteract global warming in a chinch.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    5. Re:Piracy is the result of human nature by ConanG · · Score: 3, Funny

      Sky pirates sound cool, but it might not turn out the way you imagine.

    6. Re:Piracy is the result of human nature by prestomation · · Score: 5, Insightful
    7. Re:Piracy is the result of human nature by anagama · · Score: 5, Insightful

      So if "piracy" can only refer to seaway robbery, does "hacking" only mean to chop a physical object in a random manner with a bladed instrument? Or is our language flexible and capable of multiple meanings and nuances?

      --
      What changed under Obama? Nothing Good
    8. Re:Piracy is the result of human nature by Si-UCP · · Score: 4, Funny

      Piracy is the response of all good, thinking people to an epidemic of Ninjas.

      What are you talking about? There's not a ninja in si

    9. Re:Piracy is the result of human nature by Ainu · · Score: 2, Funny

      I hear that the Chinese navy is going to be deployed to fight the pirates... how ironic!

    10. Re:Piracy is the result of human nature by Sir_Lewk · · Score: 3, Insightful
      We already have a well defined legal term for the crime. Why muddy the water by pulling in other words, especially ones that bring to mind the most violent and henious types of villainy?

      On an aside, "hacking" to refer to the illegal use of computers only arose from the term used to describe people who were particularly competent with computers. Little to do with physical "hacking".

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    11. Re:Piracy is the result of human nature by s_p_oneil · · Score: 3, Insightful

      Well, if they're in the US, they're getting the torrent from ThePirateBay (which is in Europe), and they're downloading pieces of it from all over the world, then technically you could say they're stealing shit on the high seas. After all, most of the international tubes pass through the high seas.

    12. Re:Piracy is the result of human nature by anagama · · Score: 4, Insightful

      Well, that's sort of the point isn't? The term "hacking" has multiple meanings some of which aren't related to each other and some of which are.

      Why make language drab and limit copyright infringement to a single word? We don't do that for other activities, e.g., murder: off, end, terminate, hit, rub out, take out ... taken alone each synonym has a completely unrelated meaning.

      --
      What changed under Obama? Nothing Good
    13. Re:Piracy is the result of human nature by kumanopuusan · · Score: 4, Interesting

      [...] technically you could say they're stealing[...]

      Except that no one is stealing anything! There are technical, legal definitions of theft, which don't include the act of making digital copies. It would be difficult to make an unambiguous law so broad that it prohibited both burglary and file sharing. So — technically — you couldn't correctly claim that. Note that I'm not mincing words because I want to assuage my own guilt (I'm an amoralist.), but simply because you said "technically."

      Sophistry aside, it's hard to understand the purpose of largely unenforceable laws. The total prohibition of file copying doesn't have popular support. Even if a minority find it immoral or unethical, they will probably need to come to terms with the reality of it. Is it more likely that people will stop sharing files, or that the relevant laws will slowly change as public support for them wanes? From a historical perspective, the illegalization of file sharing does not seem very different from the Prohibition. (Please correct me if I'm wrong.) The largest difference I can see is that illegal file sharing hasn't created a criminal class to supply its (cooperative, non-profit) black market.

      --
      Use of the words "good", "bad" or "evil" is almost invariably the result of oversimplification.
    14. Re:Piracy is the result of human nature by aj50 · · Score: 2, Interesting

      Firstly, the word has been in use since the 1600s (wikipedia has citations) so it's not like publishers have recently made it up.

      Secondly, these days, pirates are more likely to be associated with romantic notions of living free and sticking it to the man, thanks their portrayal in stories like Pirates of the Carribean.

      --
      I wish to remain anomalous
    15. Re:Piracy is the result of human nature by s_p_oneil · · Score: 2, Insightful

      But you are mincing words, though perhaps not to assuage guilt, and I will correct you. The difference is that you are not necessarily hurting anyone by buying and drinking a beer. Someone made that beer, and you paid him for it. Everybody's happy. If you steal it from him, you hurt him. If enough people steal it from him, he goes out of business. If everyone steals from every beer maker, soon there will be no beer makers, and no beer. Even during prohibition you had to pay for it. It's not like the mafia would have let you have it for free.

      When you steal a video game, you are hurting the company and people that created it, and often putting them out of business. So in every way that actually matters, it is exactly the same as stealing a beer. The only real difference is that it is much easier to steal the video game and get away with it. As a part-time game developer, I can tell you that the salaries for being a game developer are poor and the hours are long (i.e. 60-80 hours/week). When a startup game company makes a game, it has an outside investor (usually a publisher) paying its salaries for the time it takes to make the game. Once that game is released, the investor/publisher stops paying everyone's salaries, and he has to regain his losses before the game company sees another dime. If the game is successful, it is likely to be heavily pirated, keeping the company that created it from ever seeing that dime. So bright developers and artists put in 80 hours a week to earn what comes close to McDonald's wages (when you count the number of hours) to get the game done before Christmas. If they get it done on time and the game is wildly successful on The Pirate Bay, instead of getting a bonus to make all that effort seem worth-while, they all lose their jobs right before Christmas. Merry Christmas guys. Great game, BTW. Too bad you won't be able to make a sequel to it. I would've been first in line to pirate it. ;-)

      While I agree they should not try to make file sharing itself illegal, they should still try to catch people stealing products like video games. You can't say it's not stealing because in every way that matters, it is stealing. If stealing it in one way is not technically against the law, laws can and will be changed.

      You can't call Prohibition an unenforceable law any more than you could call rape or murder an unenforceable law. If you took the percentage of people that were determined to have a beer during Prohibition, and you changed it to "this percentage of people are determined to break law X", then any law would be unenforceable. Laws like rape and murder are extremely difficult to enforce even now in the US. In a very large number of cases, no body or evidence is never found and the person is simply listed as missing. Statistics like "1 in 4 girls are molested/raped by the time they turn 18" are tossed about frequently. The more serious the laws are that are being broken in large numbers, the more our legal privacy protections will be removed. Laws will be easier to enforce, but some police will inevitably abuse their powers, and the pendulum will continue to swing back and forth.

    16. Re:Piracy is the result of human nature by ciderVisor · · Score: 2, Funny

      Why make language drab and limit copyright infringement to a single word?

      Oldthinkers unbellyfeel Ingsoc.

      --
      Squirrel!
  2. saying. "Fast forward to the 21st century" by tomhudson · · Score: 2, Insightful

    saying. "Fast forward to the 21st century"

    I'm already there, you ignorant clod!

    People will pirate when it's overpriced. When it's right-priced, most people will gladly pay for it.

    1. Re:saying. "Fast forward to the 21st century" by ccguy · · Score: 4, Insightful

      When it's right-priced, most people will gladly pay for it.

      Yes, but that's subjective. For me, no game is worth more than $5. Not because I'm cheap, but because I hardly ever play, and if it do, it's only for a while. So if you want to get $50 from me you are going to let me play like 10 different games or so. Note that I would still play less time than most gamers.

      It's possible though that the model that they'd need to make me a regular customer is just not viable. I don't really care as these days I can live without games. But when I played a lot I couldn't really afford all the games I wanted, and now that I can -within reason- I just don't feel like playing.

    2. Re:saying. "Fast forward to the 21st century" by Bobnova · · Score: 2, Informative

      saying. "Fast forward to the 21st century"

      I'm already there, you ignorant clod!

      People will pirate when it's overpriced. When it's right-priced, most people will gladly pay for it.

      That's my view. The last entertaining game i found that was decently priced ($20, rather then $60) also happened to be free of copy protection/drm, so i bought it. The fact that it was made by a couple of independents in various coffee shops on their laptops is a bonus, but the low price, addictive gameplay, and lack of DRM is what sold me on it. (In case you can't guess, this'd be World of Goo)

    3. Re:saying. "Fast forward to the 21st century" by collinstocks · · Score: 5, Insightful

      That's what calculus is for. It's so that the people selling the software/music/media/stuff/whatever can graph the people willing to pay against the price. Then they plot their expected profits for each price against that in order to find the optimal price.

      People like you and me and anyone else who thinks the products are overpriced are not going to buy them. Either the companies making the products will be forced to lower the price to a more optimal one, or they will be able to keep it at the same price.

      The problem is that they are claiming loss of sales for piracy done by people who never would have bought the game in the first place since the price is not right.

      Granted, I am not a gamer and don't even bother to download these things since I don't have the time to play them, so take my gaming specific claims with a grain of salt.

    4. Re:saying. "Fast forward to the 21st century" by TomHandy · · Score: 2, Insightful
      But isn't that kind of like saying "No car is worth more than $2000 to me, because I hardly ever drive"? It doesn't seem like the general value of something (as opposed to the individual value you would place on it) should be dictated by what the smaller minority of people who wouldn't use it regularly would be willing to pay for it.

      Not saying you're wrong - I actually agree with you in general. As I've found myself playing less games, I've really cut down on paying $50 or $60 for a game when I know I won't play it for more than a few hours. I'll still buy a game if I know I'll get a lot of value out of it.

      But my main point is, I don't think they need to reprice games based on people like you and I who don't play much and therefore don't find full price to be worth paying. Going back to my car analogy, I wouldn't expect them to start selling cars for $2000 to satisfy the small contingent of people who rarely if ever drive and therefore wouldn't pay more than that for a car.

    5. Re:saying. "Fast forward to the 21st century" by Registered+Coward+v2 · · Score: 3, Insightful

      saying. "Fast forward to the 21st century"

      I'm already there, you ignorant clod!

      People will pirate when it's overpriced. When it's right-priced, most people will gladly pay for it.

      It's simple - you don't like the price, don't buy it. Wait for the price to drop. Simply because you don't like the price doesn't mean you can copy the item for free and somehow think it's not stealing.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    6. Re:saying. "Fast forward to the 21st century" by Znork · · Score: 3, Insightful

      People will pirate when it's overpriced. When it's right-priced, most people will gladly pay for it.

      Overpricing is an intrinsic function of monopoly pricing. Revenue is maximized when raising the price would result in so many fewer copies sold that the extra per-copy income no longer outweighs the loss of copies sold.

      That means that prices will simply be raised until many consumers simply cannot afford it (arguments like the original articles claims about economies of scale simply indicate lack of economic understanding; less piracy would mean _higher_ price, monopoly pricing limits are completely driven by customer dropoff, economies of scale apply to competitively enforced pricing).

      The consumers making up the difference between those who would have bought the product at the lowest-possible competitively priced point and those who would have bought at the monopoly priced point are consumers for whom a free market system would have provided the good, while still allowing it to be produced. The loss of the value they would have derived is known as dead-weight loss, and is one of the most damaging aspects of monopoly laws like copyright. Piracy mitigates that loss of wealth somewhat, and introduces a certain element of competition into the market, keeping prices down, but it's a bad workaround for a problem that could be solved in more productive ways.

      So any kind of rightpricing is fundamentally impossible while the monopoly aspects of the IP system are intact. Articles like this one that buy the IP lobbies arguments hook, line and sinker (assuming ignorance) are hardly productive. The author should do a little less fast-forwarding and a little more actual studying of why the debate has moved beyond his views.

    7. Re:saying. "Fast forward to the 21st century" by Paltin · · Score: 4, Insightful

      Except.... you can get a car for $2000.

      If no car is worth more to someone then $2000 , that person may very well end up with a car.

      Back in ye olden days, things were released to the public domain after a reasonable number of years--- effectively allowing the price to change over time.

      Nowadays, with copyright extended effectively indefinitely (few things that are made within my lifetime will have copyright expire within my lifetime.... ) there is a massive problem in how our culture is disseminated. File sharing has arisen partially as an effort to fulfill that gap.

    8. Re:saying. "Fast forward to the 21st century" by nEoN+nOoDlE · · Score: 5, Insightful

      After seeing indie games on bittorrent that cost 5 bucks if purchased I don't think your reasoning holds through. Some people will not purchase at any price, and will pirate it. Price is completely subjective and rarely dictates the quality of the product,, but the perception of quality. The iPhone App Store is a great representation of this. There are a lot of programs that are free, so people start to get the impression that all apps should be free. There are useful apps for $1 that some reviewers consider overpriced. You can't find an app on the app store, no matter the price, that some people will say is overpriced, when these are the same people who will go and buy a $60 game for their XBox, play it for less time than the iPhone app's usefulness, and not think anything of it. If games drop in price to, say, $20. People will find any higher variation of that price "overpriced" as their perception of the price of games now will be worth $20 instead of the $60 they're paying now.

      --
      Don't trust a bull's horn, a doberman's tooth, a runaway horse or me.
    9. Re:saying. "Fast forward to the 21st century" by decoy256 · · Score: 5, Insightful
      I would actually tend to agree that video games should not be pirated, but other products I do not have so much of a problem with. For instance, music and movies... Have you seen the commercial they put at the beginning of some movies where it has the stunt coordinator or some such schmuck talking about how piracy could cost him his job and make his kids go hungry. I don't buy it. Movie studios still own the copyrights on movies made 50, 60, 80 years ago. That is FAR too long for anyone to hold a copyright.

      The Constitution gives Congress the power...

      "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries"

      But when people can "renew" these copyrights indefinitely, progress is not being promoted, but stifled.

    10. Re:saying. "Fast forward to the 21st century" by tomhudson · · Score: 3, Interesting

      In general, if something is priced right, I don't mind paying for it. What this means is that I'm a bit of a sucker for sales. The idea behind sales is - "sell to the general public at the retail price, then sell what's left at a sale price to maximize profits." It means that those who ae willing to pay a "premium" to have it right away buy it, and those who aren't in a rush can still become customers at the sale price.

      So yes, I agree that high prices don't justify copyright infringement. Then again, how much is there out there that's even worth the cost of a blank dvd?

      As to games or songs, I simply can't be bothered. I don't have time to play games (I'd rather read a book, and guess what - I buy them, I don't pirate them) and I got sick of listening to mp3s a long time ago. I want *QUIET*. That's why I prefer my laptop to my desktop - no fan noise.

      Software? gnu/linux distros do everything I need it to do, both at work and at home.

      As for the people who claim that all pirated game are lost sales, they are wrong. Many of those "lost sales" would never have been made, just as Microsoft can't count me as a lost sale since I use a different OS. I'm simply not their customer, just as many of those "lost sales" would never have taken place if piracy prevention were 100% effective. This is similar to their problem with people selling used games. People sell their used games mostly so that they can buy new games, so it's not like the money doesn't get to them anyway, and the used games "grow the market", same as selling a used car.

      The industry is finally seeing the light in a few, rare, instances, and switching to different revenue models - in-game ads, online content, subscription models, etc. In other words, there are solutions that bypass the whole "piracy" problem, rather than treating the customer like a thief.

    11. Re:saying. "Fast forward to the 21st century" by Anonymous Coward · · Score: 5, Insightful

      That's where the second hand market comes in. Need a cheap car? Buy a used junker. Don't want to pay $50 or $60 for a new game that you'll only play for a couple hours? Buy it used. Oh wait, they want to use DRM and activations to shut down that market too.
      Fuckers.

    12. Re:saying. "Fast forward to the 21st century" by Registered+Coward+v2 · · Score: 3, Insightful

      As for the people who claim that all pirated game are lost sales, they are wrong. Many of those "lost sales" would never have been made, just as Microsoft can't count me as a lost sale since I use a different OS. I'm simply not their customer, just as many of those "lost sales" would never have taken place if piracy prevention were 100% effective. This is similar to their problem with people selling used games. People sell their used games mostly so that they can buy new games, so it's not like the money doesn't get to them anyway, and the used games "grow the market", same as selling a used car.

      I agree - most of the pirated software would not be bought; so saying we loss xx billions/year to piracy is simply wrong. All their seeing is there is a large demand at a free price point - demand that goes away as price rises.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    13. Re:saying. "Fast forward to the 21st century" by melikamp · · Score: 4, Funny

      For me, no game is worth more than $5. Not because I'm cheap, but because I hardly ever play, and if it do, it's only for a while.

      You, sir, are a terrible consumer, and should be ashamed of yourself. What is next? Christmas becoming a holiday of the spirit, with no shopping involved? People like you doomed USA.

    14. Re:saying. "Fast forward to the 21st century" by schlick · · Score: 2, Insightful

      Also I'd like to debate that music and movies qualify as "useful arts" and therefore do not warrant protection under copyright.

      Additionally, it says "to Authors and Inventors the exclusive Right" not distributors. When did that right become transferable? This is the problem. Once the big media distributor were able to obtain these "monopolies" on products, it was only logical for them to seek to strengthen their power by extending the monopoly.

      The system is flawed, and I don't think our laws reflect the true sentiment in the Constitution.

      --
      "It's because they're stupid, that's why. That's why everybody does everything." -Homer Simpson
    15. Re:saying. "Fast forward to the 21st century" by abbamouse · · Score: 2, Insightful

      That means that prices will simply be raised until many consumers simply cannot afford it (arguments like the original articles claims about economies of scale simply indicate lack of economic understanding; less piracy would mean _higher_ price, monopoly pricing limits are completely driven by customer dropoff, economies of scale apply to competitively enforced pricing).

      Yup. The claims that piracy results in higher prices are generally false. It results in lower prices for any given piece of software. Its real negative consequence is the result of the lower prices -- some niche software becomes uneconomical to develop since it cannot be sold for a price that will recoup development costs. So we get cheaper mass-market games and a dearth of niche games because of pirates (it seems that no game is too obscure to be pirated). The funny thing is that those who complain about the homogenization of culture by the RIAA may actually be contributing to it by making it unprofitable to sell lesser-known artists (or pieces of software) at any price.

      One last comment: There might be a price rise in some areas, where two pieces of software compete against one another. If both are pirated, the duopoly might collapse into a monopoly, with concomitant higher pricing. In theory, a new entrant might emerge -- but it may be that everyone knows duopoly pricing is unprofitable given the competition from pirates.

      --
      Make cheese not war 8:)
    16. Re:saying. "Fast forward to the 21st century" by IamTheRealMike · · Score: 3, Insightful

      What kind of pseudo-intellectual babble is that?

      There is already a competitive market for creative works - if you don't want to play Spore you're welcome to play another game instead, and get your entertainment that way. Your whole argument is ludicrous, it suggests that a specific apple in the fruit store would have an infinitely high price because the fruit store has a monopoly on that specific, shiny, juicy apple ... unless you steal it, in which case the price becomes more reasonable.

    17. Re:saying. "Fast forward to the 21st century" by cpt+kangarooski · · Score: 4, Informative

      Also I'd like to debate that music and movies qualify as "useful arts" and therefore do not warrant protection under copyright.

      Well, that's actually a fairly common misconception. When the Constitution was written in the mid-18th century, the 'useful Arts' meant applied technology, and 'Science' meant knowledge, generally. Thus, the useful arts are the subject of patents, not of copyrights.

      This is clear if you look at the construction of the clause, which always goes copyright, then patents: The Congress shall have power ... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.

      There are some other remnants of that meaning of art: Patents are concerned with state of the art technology. But a patent can't be issued if the invention is already disclosed in prior art. And the patent has to be written so that it can be understood by a person having ordinary skill in the art.

      So music and movies don't have to be useful, they just have to contribute to the corpus of human knowledge, which is very difficult not to do.

      When did that right become transferable?

      It has always been transferable, all the way back to the first real copyright law, the British Statute of Anne, in 1710, and in the first US copyright law, the 1790 Copyright Act. Remember, copyrights are not directly valuable to authors. They're basically publishing monopolies. The author makes money by selling the right, or licensing the right, to a publisher. And generally, publishers would prefer to buy rights, rather than merely license them. So they pay more for the former than the latter, and often enough, won't even bother with the latter. Since there are plenty of authors hoping to get published, the market favors the publisher. Authors can always self-publish, but they may find that unappealing.

      The system is flawed, and I don't think our laws reflect the true sentiment in the Constitution.

      I agree, but I think the real problem is that Congress is more attentive to the wealthy publishing lobbies (e.g. MPAA, RIAA), rather than to the public good, which is what copyright is supposed to promote. Still, this is a general problem of political misfeasance and malfeasance, and not at all limited to copyright.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    18. Re:saying. "Fast forward to the 21st century" by Strep · · Score: 2, Insightful

      It's not stealing. It's copyright infringement. Yes, it's illegal, and (usually) should be. Yes, it's (usually) wrong. But it's still not stealing, and yes, the distinction does matter.

      Right. Steal something $100 and it's petty theft. "infringe" on some copyrighted software of the same value and it's a federal case.

    19. Re:saying. "Fast forward to the 21st century" by Fourpole · · Score: 3, Insightful

      Bullshit. If AAA titles were 20 bucks they would still get downloaded. Anyone who can afford the hardware to run these titles can spring $60 to buy the game. People download them because it is free and easy, and then try to rationalize it by saying that if it were less expensive or of higher quality or DRM free or if the big evil corporation that published it wasn't so greedy they would have paid for it. Hell, a new CD costs 10-15 bucks these days but people still download the shit out of those too.

    20. Re:saying. "Fast forward to the 21st century" by Registered+Coward+v2 · · Score: 2, Informative

      I suggest that you read the goddamned article. The author goes into detail explaining why you and your ilk are wrong. Read it. It's a worthwhile way to spend a couple hours if you're actually interested in learning some of the facts about PC piracy, rather than blindly accepting the rationalizations and outright lies spread by those who either a) don't know any better and/or b) just want to keep infringing the copyrights of games because's it's fun and free.

      From TFA: "The argument is straightforward and both intuitively and logically sound: for every pirated copy of a product, there is some potential loss of income to the producer of that product. This is not the same as saying that every pirated copy is a lost sale."

      I suggest you reread what I said and TFA and perhaps pickup a clue.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    21. Re:saying. "Fast forward to the 21st century" by tomhudson · · Score: 2, Insightful

      Or look at iTunes. Don't tell me that the stuff there isn't available via bittorent elsewher. People still end up buying from iTunes, despite the "free altrnatives".

      Because it is easier to push the "Buy Now" button than it is to rig your computer up with a bunch of dubious torrent software, find a torrent, download it in either 2 seconds or 2 days (depending on the torrent) only to end up with dubious quality.

      In other words, when people have the choice of free or at a reasonable price, easily obtained, they willingly pay the reasonable price. Sort of defeats the article's main proposition, that people will take the free route.

      The article is junk.

    22. Re:saying. "Fast forward to the 21st century" by ijakings · · Score: 3, Insightful

      An Apple isnt infinatelty replicable within a short space of time. Every piece of software (Or the software categories) becomes a market within itself.

      Stop using bad analogies. Spore isnt an apple, and the guy you are flaming is using sound business knowlege to make a valid point. You are using a bad analogy about apples and getting theft and copyright infringement mixed up.

      Your post couldnt be more wrong if it claimed that the earth was flat.

    23. Re:saying. "Fast forward to the 21st century" by AnonChef · · Score: 2, Insightful

      When I was in high school, I was broke, yet I still found it possible to buy records (and then in college, CDs).

      Then you weren't broke where you.
      Broke is when you have to decide whether to eat or pay rent.
      (Yeah I know, you can be broker still and not have any money for either)

    24. Re:saying. "Fast forward to the 21st century" by aj50 · · Score: 3, Insightful

      People like you and me and anyone else who thinks the products are overpriced are not going to buy them. Either the companies making the products will be forced to lower the price to a more optimal one, or they will be able to keep it at the same price.

      The problem is that they are claiming loss of sales for piracy done by people who never would have bought the game in the first place since the price is not right.

      However if people pirate the game now, then they're never going to buy it later, even if the publisher reduces the price.

      Additionally, if you're used to getting games for free, suddenly any cost seems "overpriced" in relation to what you've previously been paying.

      --
      I wish to remain anomalous
    25. Re:saying. "Fast forward to the 21st century" by dwandy · · Score: 3, Insightful

      Find out your multiplayer match-making service has 400,000+ players regularly...
      8. Close down the match-making service because you can't afford to run it at eight times capacity.

      It sounds more to me like you're just not a very strong business-person. That's not meant as a slight: the "best" automakers in the USA are busy begging for money 'cause they've screwed up. Lots of smart business people lost money with lousy businesses in the dot-boom. There's plenty of examples where plenty of people can't run a business.
      Newsflash: Business is hard. Starting a business is really hard.

      Plenty of small business (you are/were a small business) would kill for 400k+ customers. That you were unable to monetize this stream isn't the fault of piracy. In fact, piracy gave you almost 10x the customer base.
      Lots of artists are waking up to the fact that the biggest threat to their economic viability as an artist isn't piracy: it's obscurity. Someone who has never heard of you is never going to give you any money. Someone who pirates your work might give you some money either directly (concerts, tee's etc) or indirectly, by marketing you to their friends (who then either give money directly or indirectly, rinse, repeat, profit!)

      5. Split that 5 ways: $54,000 for two years of work.

      Plenty of small business don't make any money at all in the first few years. They need investments to pay the bills. That you were able to make an income that can pay the bills means you had a successful business growing. Sure, you're not going to drive a Porsche on $27k/yr, but you can live on it - I have lived on less. And if you could figure out how to get those 400k people to give you a few bucks every year then you'd have that Porsche by now.

      Stop blaming other people for your problems.

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
  3. File Sharing is not piracy! by pm_rat_poison · · Score: 5, Funny

    What does gaming have to do with piracy?

    1. Re:File Sharing is not piracy! by Anonymous Coward · · Score: 2, Insightful

      You're a couple decades late if you're trying to stop this new definition of piracy. It's too late, just accept it into your vocabulary.

    2. Re:File Sharing is not piracy! by MtlDty · · Score: 3, Insightful

      It has always been called piracy. File sharing is a new term that has come into use with p2p software. File sharing is arguably distinctly different, and you probably dont want to muddy the waters between legal filesharing, and illegal piracy.

    3. Re:File Sharing is not piracy! by mr_matticus · · Score: 5, Informative

      O RLY?
      "The unauthorized reproduction of another's work." -- Oxford English Dictionary (2006).

      "The unauthorized and illegal reproduction or distribution of materials protected by copyright, patent, or trademark law." --Black's Law Dictionary, 8th Ed. (2004).

      Lest you think this is some modern invention:

      "[T]he test of piracy [is] not whether the identical language, the same words, are used, but whether the substance of the production is unlawfully appropriated." --Drone's Treatise on the Law of Property in Intellectual Productions (1879).

      "It's being Printed again and again, by Pyrates" --Daniel Defoe, (1703).

      "Pirated works may be seized on importation into those countries of the Union where the original work enjoys legal protection." --Berne Convention Art. 12 (1886).

      It has been referred to as piracy in court cases dating all the way back to the 1830s, and notably for scholars of copyright, used in the landmark Folsom decision as well.

    4. Re:File Sharing is not piracy! by Prefader · · Score: 5, Funny

      That was only a few centuries ago, NOT A LONG TIME (I'm european)

      I'd love to know what exactly that's supposed to mean. Does time work differently in Europe than it does in the rest of the world?
      These definitions were in use generations ago. Propaganda or not, it's part of the language now.

  4. They still don't get it by ccguy · · Score: 5, Insightful

    when faced with the option of getting something for free or paying for it, and in the absence of any significant risks, you don't need complex economic studies to show you that most people will opt for the free route."

    Well, there's always a third route: Not getting that something, meaning that having these three options:

    - 1. Play for free
    - 2. Play at a cost
    - 3. Don't play at all

    Many people will sort it 1,3,2.

    Also, some people will happily do 2,1,3 as long the price is reasonable and so it what they get.

    So... stop trying to get money from people who just don't value your product if it isn't free, because it can't be done. You can piss them off though, and that can hurt your business.

    1. Re:They still don't get it by rrcipolla · · Score: 2, Insightful

      So... stop trying to get money from people who just don't value your product if it isn't free, because it can't be done. You can piss them off though, and that can hurt your business.

      If they're only going to use your product for free, how is it hurting business to piss them off? As you stated, they're not going to buy it anyway.

    2. Re:They still don't get it by ccguy · · Score: 4, Insightful

      If they're only going to use your product for free, how is it hurting business to piss them off? As you stated, they're not going to buy it anyway.

      Because using your product for free is not the worst scenario. Just because they don't play it doesn't mean they don't know people who do, or spend time in forums bashing you.

      Take slashdot (not literally please): Many people here won't waste a chance to criticize Spore's DRM, even if they don't really care about Spore and wouldn't buy it even if it didn't have any DRM at all. Still, we are _pissed_ at EA for the DRM, and let everyone know.

    3. Re:They still don't get it by Aladrin · · Score: 2, Insightful

      No, Most people sort it like this:

      2 - if reasonably priced
      1
      2 - if unreasonably priced but not available free and still within budget
      3

      If 'most people' sorted things your way, almost nobody would ever buy a game.

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
    4. Re:They still don't get it by MobileTatsu-NJG · · Score: 4, Insightful

      So... stop trying to get money from people who just don't value your product if it isn't free, because it can't be done. You can piss them off though, and that can hurt your business.

      Heh yeah. Gotta love their logic: "We'll fight piracy by strengthening the 'copy protection' and increasing the value of pirated copies!"

      --

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

    5. Re:They still don't get it by floodo1 · · Score: 2, Insightful

      Most people care about EA's DRM as a rights issue. Makes sense that you don't have to be affected to be concerned about how the loss of rights for someone else could potentially lead to the loss of your own rights.

      --
      I KUT J00 M4NG!!!
    6. Re:They still don't get it by g_adams27 · · Score: 5, Insightful

      > So... stop trying to get money from people who just don't value your product
      > if it isn't free, because it can't be done.

      Your premise is flawed. Pirates obviously do value the product even if it's not free, which they show by taking the time and effort to get it.

      You seem to be quite confident that huge companies with highly-skilled marketing, accounting, and product research divisions "just don't get it", as if the ideas you present have never crossed their minds. But in fact the article spends a whole section or two discussing the issues that you refer to. For example:

      The argument [of economic loss] is straightforward and both intuitively and logically sound: for every pirated copy of a product, there is some potential loss of income to the producer of that product. This is not the same as saying that every pirated copy is a lost sale. What it actually means is that firstly some proportion of the people who are pirating a game would have bought it in the absence of piracy. Equally as important however is the fact that even those who would never have paid the full purchase price for one reason or another may still have paid some lower amount to purchase and play the game which they pirated. This is because by the very act of obtaining and playing a game, they've clearly demonstrated that they place some value on that game. After all, if something is truly 'worthless', consumers won't bother to obtain or use it in the first place, regardless of whether it's free or not. Even if a game only gives the pirate a few hours of enjoyment, that's still worth something. In the absence of piracy they may have purchased the game at a discount several months after its release, or bought it second-hand for example. So the existence of piracy results in some loss of income to PC game developers, publishers, retailers and even other consumers.

    7. Re:They still don't get it by stewbacca · · Score: 3, Insightful

      2. Even the ones that could afford the software on their computer would never ever buy the vast majority of the programs they have.

      Dude, how old are you? Do you have a job? If so, did you happen to notice that every computer in your office has legal copies of very expensive software (times something like 500 at a small-medium sized company)? I suppose it you make $12 an hour you might consider $1200 to be a lot of money (Adobe Suite, for example), but I sure as hell don't, considering how absolutely necessary that software is to my livelihood.

  5. BULLSHIT. by Anonymous Coward · · Score: 5, Insightful

    If i buy the game. They treat me like a thief. Install things that may or may not fuckup my computer or game. Require the disk to be in the drive. Require activation and other bullshit. Limit the number of installs i can do. Tell me what programs i'm not allowed to use like daemon tools. And costs a shitload for a semi-beta game.

    If i pirate the game. I don't have any of that. AND it's free.

    Piracy. Better product, lower price.

    You're kinda foolish not to pirate anymore...

    1. Re:BULLSHIT. by Renraku · · Score: 4, Insightful

      I remember when just having the disc in the drive was a step up from having to look up codes on page x line y in some book that came with the game. I remember after that, when copy protection was added, and there was a chance it wouldn't work on your computer, even if you bought it fair and square. I remember when they started adding physical programs that would use memory and make things unstable..sometimes refusing to run if some other legitimate programs were open in the background.

      I remember loading up Steam and playing games without any of those, but I lost the ability to sell off my games.

      I look back at all that and kindly request a damn code sheet or book so I can get to looking up those codes again.

      --
      Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
    2. Re:BULLSHIT. by cliffski · · Score: 4, Insightful

      As a game developer that does not pull any of that shit, if you have the attitude that it means you should pirate ALL games from ALL developers, where is my incentive to try and meet pirates half way?

      If pirates treat all developers as evil corporate scum, why are they then surprised that developers adopt the same attitude in reverse?

      If people are foolish to not pirate, them I'm foolish to keep making games for the PC. So I'll go work as a plumber instead.
      great solution...

      --
      DRM-free indie games for the PC and Mac: Positech Games
    3. Re:BULLSHIT. by cliffski · · Score: 3, Insightful

      Errrr. there is no law saying I can't change careers. I used to be a carpenter for fucks sake. If people refuse to pay for games, I'll change career again.
      What part of this isn't clear?

      --
      DRM-free indie games for the PC and Mac: Positech Games
  6. Morals by 4D6963 · · Score: 4, Interesting

    Piracy is the result of human nature: when faced with the option of getting something for free or paying for it, and in the absence of any significant risks, you don't need complex economic studies to show you that most people will opt for the free route.

    Right, there's also moral values in the balance. To some people piracy is all bad, to some people everything should be free, to some other people it's fine to pirate from big studios but not from small developers who try to make a living out of it. It's called moral values. It varies from people to people, with also varying degrees of importance in the role it plays in decision making.

    --
    You just got troll'd!
  7. What about quality of the product? by Anonymous Coward · · Score: 4, Interesting

    The OP suggests that "most people will opt for the free route" simply because the product is free. I would argue that due to overly restrictive DRM, people prefer the free route because "hacked" or pirated products are better. I buy DVDs, but I wouldn't buy DRMed movies because it's effectively wasted money -- one day those movies will be unwatchable.

    Also, in the field of ebooks, often it is possible to find an ebook that's been pirated when no legal copy exists for sale. In this case, the publishing companies are not servicing a demand that is clearly present. Sure, I could scan in my own paper copy of the book, but why go to the trouble when someone else has already done it?

  8. Re:10 Page Article VERY LONG by ccguy · · Score: 2, Interesting

    Obviously you are aiming at a cheap +5 informative.

    Would be nice to respect other people's work, as these people weren't obviously aiming at 10 cheap ad pages.

  9. DRM by Kranerian · · Score: 5, Insightful

    The article goes on an extensive analogy about DRM equaling Door Locks, and it completely misses the point. Yes, DRm prevents the majority of hackers from being able to do anything to the actual, hard copy of the game. This is worthless, though. All it take is for one person to break through the protection and upload it to a torrent site, and then everybody with internet access can have the game for free. It does not matter that most people couldn't break the encryption themselves. They don't need to, because somebody else already has.

    --
    Do you have any idea how long it takes to dig graves for twenty-three oak trees?
  10. Better Support from the Scene by critical_point · · Score: 3, Insightful

    The bottom line is that the Scene provides better long-term support then most game companies ever have, and I only like to buy the games that I can and will indefinitely far into the future, which usually requires some variety of cracks and emulators, which is why even the games I have bought in the past are not installed in favor of the infringed+enhanced versions.

  11. Something missing by xbytor · · Score: 2, Interesting

    I know there are people like myself who purchase games, don't install them, but do install a downloaded copy that has the DRM restrictions removed. This may or may not be viable with Steam-related DRM, but I'm anti-social enough that online multiplayer doesn't really hold a whole lot of appeal for me. And if I did decide that I absolutely had to play something online, I setup an account just for that game so that I could resell my original copy (with the account info) when I was finished with it.

  12. More Bullshit by maz2331 · · Score: 4, Insightful

    Some of the copy-protection schemes are also designed to try and kill the secondary ("used games") market off by locking out copies from being reactivated.

    The mindset of some of these companies is that a game (or other software) has to generate revenue for them each time it changes hands. In other words, they refuse to accept the "first sale doctrine" at all.

    Buying one copy and distributing multiple copies to others is piracy. Uninstalling the thing and giving the disk and key to someone else is not.

    It all boils down to greed and control, really.

  13. Sociological Studies Disagree by 99BottlesOfBeerInMyF · · Score: 4, Insightful

    Piracy is the result of human nature: when faced with the option of getting something for free or paying for it, and in the absence of any significant risks, you don't need complex economic studies to show you that most people will opt for the free route."

    The article summary includes the following quote, but it doesn't actually seem to be the case if you actually study the issue. In many studies it has been shown that "honor systems" result in fewer thefts than systems where there are technological or potential criminal penalties. In many, many cases building a system of trust and relying upon people's morals and ethics is the most effective solution.

    I scanned this article and then gave up because it seemed unoriginal and completely one-sided. If you can't even understand the perspective of people on one side of an issue, how can you rant for so many pages about your perspective on it?

    1. Re:Sociological Studies Disagree by yoshi_mon · · Score: 2

      Furthermore I'd argue that I'm willing to bet the author does not even consider that some software is just plain bad. Couple that with the return and very questionable status of the First Sale doctrine it's no surprise that some people choose to look at software 1st before plunking down virtually nonrefundable monies on it.

      I'll grant that of course there are those who are going to opt for getting stuff for free no matter what. If the author had any integrity he'd mention how software piracy is used often to test software before you buy. (No I did not RTFA and if he did at least give a nod to said argument then I suppose I'll cut him/her some slack. I'm betting thou it's more more of the typical black and white kinda view of the world that is easy for people to understand yet does a horrible job in actually expressing what goes on.)

      --

      Really, I know what I'm doing...Ohhhh, look at the shiny buttons!
    2. Re:Sociological Studies Disagree by Vexorian · · Score: 2, Insightful

      The article summary includes the following quote, but it doesn't actually seem to be the case if you actually study the issue. In many studies it has been shown that "honor systems" result in fewer thefts than systems where there are technological or potential criminal penalties. In many, many cases building a system of trust and relying upon people's morals and ethics is the most effective solution.

      You know, you are missing the point, that's the reason he said that "you don't need complex economic studies" to reach his conclussion, cause if you did actual studies his conclussion would go unmasked as the non-sense it was.

      --

      Copyright infringement is "piracy" in the same way DRM is "consumer rape"
  14. Instead of... by Enderandrew · · Score: 2, Interesting

    Instead of debating whether or not piracy should be called piracy, how about we discuss that actual issue of how piracy affects games, and what effect DRM has on piracy.

    Honestly, I think the solution is to provide benefits to paying for the game. You're not going to stop piracy through DRM. And DRM may chase off paying customers. So about instead of pushing people away, you attract customers with benefits?

    For instance, online play that is only accessible to paying customers might convince pirates who downloaded your game to start paying for it.

    --
    http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
  15. Re:10 Page Article VERY LONG by drquoz · · Score: 4, Funny

    Dude, you just pirated that article.

  16. Piracy is the future, the now by bowlburner · · Score: 2, Insightful

    Try before you buy. Why is it that we have to pay for a game before we play it? Why don't trials or evaluation periods exist for all games like they do for other applications? Don't say short-sighted demos or one-sided reviews do any justice. They don't. The gaming industry has coasted far too long on the "pay first, be disappointed after" system and is in need of an adjustment; this is why piracy is rampant. Why would anyone want to pay for a game not worth the money? Only good game developers that have fulfilled my gaming desires get my money: Blizzard and Valve.

    I'm not blindly buying another Hellgate: London.

    Keep pirating. Buy the games you like. Let the weak game developers wilt and die. This will only cause the market to shift to the games we truly desire or at least a system that doesn't rob you up front and leave you sore after.

    1. Re:Piracy is the future, the now by MobileTatsu-NJG · · Score: 2, Insightful

      why do I have to buy my house before I live in it?

      Houses have inspections, guarantees, and so on. Video games have a no-returns policy.

      Why do I have to buy my laptop before I get to take it home and play games on it

      Defective laptop? Take it back. Defective game? Pick another game on store credit.

      Why did I have to pay for my holiday before I got on the plane?

      Mainly because, unlike a PC game, the odds of the plane landing somewhere completely unexpected are actually pretty low.

      WTF is wrong with people that they think they have a RIGHT to enjoy other peoples work for free, and then consider if they feel generous enough, they might flip them a few cents later.

      You game developers shoveled a bunch of crap on people and now they're cautious about it. Too many paid-for reviews, misleading marketing, necessary patches, ridiculous control schemes, and Daikatanas have made people stop to think. You made the right move by advertising that you're not pulling their crap. Your lack of understanding over people's values and expectations with PC games is disheartening.

      Is that how YOU get paid?

      Yes, actually. I get paid to meet requirements. If I show up to work and do nothing, I don't get paid. If I show up to work, but I do my job, then I get paid for it. That's me fulfilling a requirement. You're selling entertainment. That's the requirement you have to fulfill. It's not really any different except that your situation is more complex. Entertaining the public is harder than my job. That didn't suddenly change, though. You want to get paid, that's fine, I have software on the market, too. I get that. Tossing aside people's concerns, though, that I don't get. I really have trouble believing you weren't a PC gamer before selling your own games.

      --

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

  17. Free Riders by hhallahh · · Score: 2, Interesting

    Until people understand basic economics, people will simply conceptualize piracy as stealing from "the Man" or whatever rather than recognizing that it both drives producers out of the market and drives up prices for the paying customers who have to be responsible for recouping the development costs. Undoubtedly a lot of anti-piracy measures taken have only made things worse, but that shouldn't obfuscate the fact that piracy is a huge problem. Unfortunately, the impact of piracy on markets is largely invisible to customers, while the benefits (paying $0 vs. paying the shelf price) are anything but. The post-hoc ethical justifications are particularly disgusting... I really loved the ironic discussion of how file-sharing systems used for free-riding pirates have to deal with their own free-riding issues.

  18. Re:Most of "their" Statistics have no source by similar_name · · Score: 2, Funny

    A society that holds itself to embrace science, rationality, and logic should ignore numbers that have no sources. Do not accept numbers that came from no place.

    Where is that society? I would love to move there.

  19. Culture does not require fighting piracy... by gweihir · · Score: 2, Interesting

    What is needed for culture to evolve and flourish is hat the creatives make a decent living. That does mean enough people have to be willing to pay. For music, this is clearly the case, if you expect "normal" earnings and stipulate reasonable talent. Same for other areas.

    For business however, piracy is a problem. Cultural business aims at dominating and creating a mainstream, were a relatively low-quality product is sold in high numbers. People realize the low quality level and are often pirating or not interested at all. Ftom the point of view of evolving culture, the business apporach is very harmful. should it fail permanently and go away, at least todays networked world with very low publishing cost can expetc culture to get richer and more interesting.

    Of course the people that get rich on the talent of others will say everything, lie, cheat and steal in order to keep their revenue flowing.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  20. So Pirates are bad, mkay, and DRM is good, mkay... by CharonX · · Score: 2, Interesting

    The article is quite biased anti-piracy, pro DRM.
    Instead of taking a balanced close look at the causes of piracy the same old (pro-piracy) arguments are assembled into strawmen and then quickly ripped apart. When the focus turns to DRM there is a lot of handwaving and chanting "if I don't want it to be true it will not be".
    A shame really.

    --
    +++ MELON MELON MELON +++ Out of Cheese Error +++ redo from start +++
  21. Try this: by Mateo_LeFou · · Score: 5, Funny

    Tell people: "If **AA can refer to unauthorized copying as piracy, it should be fine if we refer to the filing of SLAPPs as 'rape'"

    --
    My turnips listen for the soft cry of your love
  22. Bullshit on Titan's Quest by Kneo24 · · Score: 2, Interesting

    I'm sorry, but Titan's Quest had a lot of problems that were not piracy related. Even those with a legitimate copy had severe issues getting the game to play. Trying to cite that as an example for negative perception underscores the fact that the developers, or maybe even the producers, rushed the game out before it had proper QA testing.

  23. Just my opinion... by Bert64 · · Score: 4, Interesting

    I got into piracy because as a child i wasn't terribly well off...

    If i saved my weekly allowance, it would take me several months to be able to afford a legit game, and i may be able to get one or two at xmas or a birthday.
    I started off buying games, quite a few in fact, and i found that a lot didn't live up to the hype, the demos/reviews were often very different from the actual game, like a demo that would include the first level which was quite good, and then the remaining levels were extremely poor and you couldn't save your progress, so you would do the first level, get to the second, die, and have to start again from scratch (the lion king is an example of a game like this)...

    So for my stack of 15 or so games, i had 2-3 which were good and got played a lot, and was finding that the newer games performed poorly because my hardware was now out of date... I still had all the advertising hype and peer pressure pushing me to want the new games, but not only could i not afford them but i now couldn't run them adequately either.

    So i started pirating games, and spending what little money i had on hardware upgrades. I was better off, i no longer had to be bombarded with commercials for games i couldn't afford to play, which is a very unpleasant feeling for a kid.

    I think all the heavy advertising is extremely unpleasant for the poorer kids who cant afford all the latest stuff (not just games, but most things you cant get for free so easily), games are overpriced especially seeing they mostly target kids...

    While on the subject, people are always complaining about the level of crime among teenagers and younger kids these days, but is it any wonder why?
    When i was that age, the average kid would be walking around with maybe $5 worth of stuff not including clothes, hardly a worthwhile target for robbery... Now, kids have ipods, cellphones and all kinds of other valuables for thieves to target.

    --
    http://spamdecoy.net - free throwaway anonymous email - avoid spam!
  24. Article is Rife With Inconsistencies and... by Kneo24 · · Score: 2, Informative

    Outright lies. After being half way through the second page wall o' text, I did some skimming and found certain things to just not ring true. Quoting 2D boy's erroneous numbers, further more quoting the old erroneous old figure over the newer, lower erroneous old figure? Equating DRM to a door lock? Saying that STEAM doesn't work in offline mode? Citing Titan's Quest when that game didn't work right even if you had the retail version? Figures where there's a lot of "unknowns"?

    Sure, copyright infringement, which is what I prefer to call it instead of some term to denigrate people, is indeed a problem. But you know what? There's fuck all you can do about it. You can try to slow down the crackers, but when they get the game two weeks before release, you've already failed. When you purposely put in measures which makes the game crash to piss off pirates, you've also failed. When the game doesn't work at retail, guess what? You've failed again!

    I suggest to Slashdotters, who typically don't RTFA, to not read it. It's not worth the time or effort.

  25. Bullshit by Jane+Q.+Public · · Score: 5, Insightful

    I call bullshit on this article, from a number of different angles!

    One of the biggest reasons is lack of logical coherence. The author cites lots of numbers, but then does not actually put them together in an objective way to actually support his conclusions. In fact, his conclusions appear to be foregone. He seems to have ignored a good body of evidence that would lead to different conclusions.

    For one example, he cites an article about game piracy on Macs. The article mentions the "pirate's argument" that it is okay to pirate because that person would not have bought the product anyway, therefore there is no lost sale. However, the article only discusses this topic from the point of view of whether it makes a valid moral or ethical argument.

    The cited article (and main article too) ignore that several university studies have in fact shown that somewhere in the neighborhood of 80% of piracy occurs when there would not have been a sale anyway. (In most cases because there was insufficient money to purchase the product, but there are several other reasons this occurs.) That may not be a sound ethical argument in favor of piracy, but that is irrelevant. More to the point: it is an economic reality. Economic realities are; they exist. Simply putting them down as unethical is to ignore the actual causes, and possible solutions, for the situation. Further, trying to prosecute -- and especially fine -- people for not buying a product they probably could not afford to buy anyway is completely counterproductive. It offers no societal solutions to the actual problem; it simply fosters fear and antagonism. And backlash, as the RIAA and MPAA are finding out, probably too late to do them much good. They were warned by the society of their customers, but they did not listen.

    In another example of faulty logic, the author indulges in the classic logical Post Hoc fallacy argument to conclude that piracy causes DRM, not the other way around. (For those not familiar, this is the argument that because one thing happened after another, the earlier event must have caused the later event. This does not follow: in fact it is just as likely that some third event caused them both.) In particular, he states that a game that was released with no DRM resulted in lots of downloads, then claims that "The evidence is overwhelmingly clear: DRM does not cause piracy, piracy results in DRM." When in fact his "evidence" shows nothing of the sort.

    As a systems manager and tech (and now Software Engineer) with many years experience, I can testify that there are a great many cases where, in fact, DRM causes piracy. One example is when I worked for an engineering company, which used quite a few proprietary programs for certain involved, specialized calculations. Many of those programs came with various forms of DRM. And I can tell you this in complete honesty: every one of the programs that used DRM failed on us. Almost always at an important point in the project. And I mean that literally: every single one of them failed, without exception. And in every case, the cause of the failure was the DRM. Further, our calls to support for the software were almost always unproductive: "You must not have installed it properly." or "You must have been tampering with the copy protection". Nonsense. We had paid a lot of good money for the software and were not about to treat it so casually.

    In such cases, we were forced to either try to break the DRM ourselves, or to try to find a cracked version of the software, just to get the functionality we had already paid for! Which technically made us pirates. But it was DRM that forced us into piracy, not the other way around. Keep in mind that this was specialty software for which there was often no alternative product available. But just FYI, the invariable DRM failures did cause us to look for alternative products. Our official company policy became (this is true): "If there are alternative products available,

  26. You can't have it both ways with human nature by Geof · · Score: 3, Insightful

    Piracy is the result of human nature: when faced with the option of getting something for free or paying for it, and in the absence of any significant risks, you don't need complex economic studies to show you that most people will opt for the free route.

    When we talk about piracy, we say the desire to get less for more is a moral failing that must be fought and punished. When we talk about the market, this same desire is used as a justification: there's no point fighting human nature. So we have piracy, a practice driven by greed, coming up against a system, the market, also driven by greed. How do we know which greed is good and which one is bad? If this fellow really thinks piracy is human nature, then he should stop trying to fight what can't be changed and instead find a system that works with it. But that rules out moral indignation, and it can be more satisfying to pronounce on good and evil than to seek workable solutions.

    Now I don't think satisfying one's greed is admirable, and I'm skeptical of claims for some immutable human nature. Adam Smith argued not for outright greed, but for enlightened self-interest. Too often in this debate, all the enlightenment is expected to be on one side, while all the self-interest is on the other.

  27. Art by sykopomp · · Score: 2, Insightful

    Art is a labor of love. Love does not require profit, and an entire industry that puts its entire weight behind commercial success and greed can only do harm to one of the arts that I love.

    May they crash and burn. I really do mean that. I'd rather have ad-hoc groups of 5 or so people who really love the labor they put their time into.

    The entire games industry was born out of this love, this passion. It's disappeared from big companies. People who once sat in their rooms hacking assembly on ancient machines, out of passion, are now being exploited into grinding their lives away on a schedule, their creativity mostly ignored in favor of a few elite designers' "market-proven talent".

    Bring back the love. Bring back the passion.

  28. Re:Bullshit^2 by MaulerOfEmotards · · Score: 5, Informative

    Agree with the above poster. The article is a classic example of tendentious writing. It wouldn't stand even the most basic requirements for an entry level university essay.

    It is written arrogantly and from an pro-industry perspective. Point by point, it consistently takes sides but continuously claims it is not doing so. There is no underlying theory or methodology other than "examine every aspect of game piracy". :rolleyes:

    1) The article starts with the author claiming neutrality and utter non-bias
    2) The article seems to have been laid out beforehand, written as intended and fleshed out with quotes and references where found as supporting his theses
    3) Sources are quotes selectively to further his preconceived conclusions
    4) Alternative interpretations are ignored or dismissed
    5) There is no source criticism
    6) Frequent hand waving and usage of weasel words 7) Interjected unsubstantiated strong conclusions, as "The evidence is overwhelmingly clear: DRM does not cause piracy, piracy results in DRM."

    Also, you gotta love an author who writes a long article, POS as it is, proves a "printable" link, which takes you to a page which says "if you want to print it, print each page, schmuck".

  29. Re:You show your ignorance. by tomhudson · · Score: 2, Insightful

    It may not be "stealing", but it is still unethical. It is wanting to get the results of someone else's labor for free.

    People who use gpl'd software are unethical? People who borrow a library book are unethical? Kids who believe in Santa Clause are unethical? All charities are unethical? Taxes are unethical? GMail, Yahoo Mail, MSN-Whatever-they-call-it-this-week are unethical? People who watch TV or listen to the radio are unethical? Visitors who use city parks or streets are unethical? Free public clinics for the poor are unethical?

    Methinks you've got a very strange idea of "unethical."

  30. Quote... by Bert64 · · Score: 2, Insightful

    Why is copyright necessary? Why can't all information just be distributed without restriction? Copyright falls under the banner of a range of laws controversially referred to as Intellectual Property laws. The aim is to provide intellectual property a similar type of protection as that afforded to physical property. For example, whether you spend your life building houses or writing books, you should be equally entitled to reap the rewards of your labors and have the same sorts of legal protections against people seeking to unfairly benefit from your work without contributing appropriately towards it. It's argued that without protection against such theft, both the builders of houses and the authors of books would have much less incentive to invest their time and money into their respective outputs, particularly because they would stand little chance of earning appropriate income from their work.

    "have the same sorts of legal protections" - This i don't have a problem with... The problem is profiteering, when people will produce something once and then produce infinite copies of it for virtually nothing. Someone who builds houses can sell each house they've built once, and then have to go to the same time and effort to build another one. If they stop building houses, they no longer have any houses to sell and stop making any money.

    The two things are completely different, and thus should not be afforded the same level of legal protection at all. It sickens me to see greedy people continue deriving revenue from something they did many years ago, and for that matter deriving obscene levels of short term profit.

    There should be a cap on the level of profit, after which copyright should lapse... What makes these people so special that they can work for a year or two and then have a life of luxury while the rest of us have to work for 50+ years.

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  31. lock&key... by Pentium100 · · Score: 2, Insightful

    From TFA:

    So really, all locks and keys do 99% of the time is present a constant inconvenience for legitimate users. If we lose them, we're locked out of our own houses or cars. Yet strangely enough, you won't find a groundswell of popular opinion stating firmly around the Internet that "door locks don't work!" and demanding that everyone remove them because of the inherent inconvenience that they impose. Why is that? Probably because everyone is the owner of physical property of some kind, and is willing to endure the constant inconvenience of various locks and keys in their daily lives in the hopes of protecting that property from potential theft, even if in reality it actually provides them with no real protection against most thieves.

    If I have a lock on my door, it only inconveniences ME (the owner) and the thieves. Now if I want at least some protection from thieves with added inconvenience to ME, it is my right. The lock on MY door will not inconvenience YOU (if you are not a thief).

    DRM inconveniences CUSTOMERS and not the OWNER (the company which made the game).

    Now, you know that stores use video surveillance and those detectors near the doors that beep if you have something stolen. Those measures are relatively not intrusive, but do not eliminate shoplifting 100%. Suppose a store decides to really eliminate shoplifting - by having every person leaving the building stripsearched. How many customers would that store have?

  32. Re:Let's consider this piece by piece without emot by Bert64 · · Score: 2, Insightful

    1. Should IP be protected at all? (I expect even many of the pro-piracy group would support some level of IP protection)

    yes, but it shouldn't be treated like physical property... it is not physical property and pretending like it is, is just stupid... the protection should be extremely limited with an aim to ensure a producer gets a short term benefit relative to the effort they invested, just like if they were working a normal job.

    2. How long should the protection be for (plenty of support here for shorter terms, but how many people are *honestly* saying they feel 0 years is appropriate?

    It should definitely be much shorter, especially in the modern world where things become obsolete so quickly... as it stands, lots of software ends up being lost or completely unobtainable because its no longer profitable but also not legal for third parties to distribute... having a shorter term should also serve to stop profiteering, where someone earns a completely disproportionate amount of money relative to the amount of work they did, i dont think anyone should have the right to continue profiting from work they did years ago, you lazy arrogant assholes get off your ass and actually earn some money.

    7. The games suck. How will I know if I like it before I buy it? Nobody forces you to buy it. Games are not a fundamental human right. Don't get me wrong, I think it's horrendous that companies release crap, buggy games. 100% not relevant to whether it is morally wrong to pirate the game.

    If people knew a game sucked beforehand they would never buy it... but how are you meant to find out if a game is lousy without buying it? demos are often very different from the final game (like a demo will have a good level, the full game has 20 more crap levels) and you don't get bad reviews anymore because all the reviewers are bribed or coerced by the big publishers... magazines and websites doing game reviews get the games for free to review, and a good portion of their revenue comes from advertisements... if they publish a good review then the freebies continue, the publishers buy advertisements in publications who give them good reviews and they may get other kickbacks (read: bribes)... but if they print bad reviews, then the advertisements will dry up, the freebies will dry up meaning they have to buy everything they review further increasing their costs, and they stop getting bribes... an unfavorable review can easily kill a game review publication.

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  33. Article wrong about The Pirate Bay's costs by Trixter · · Score: 2, Informative

    The author mistakenly thinks that the TPB's infrastructure must not cost a lot simply because the website is spartan. The Pirate Bay is a tracker, and the author should look into what a bittorrent tracker does, and then multiply that by the millions of people that visit TPB each hour.

  34. Re:You show your arrogance. by 3vi1 · · Score: 2, Funny

    "Piracy has pushed id as being multiplatform" stated Hollenshead [id's CEO] (source)

    Oh Noze! A company that grossed over ONE MILLION DOLLARS PER EMPLOYEE PER YEAR for many years in the 90's quit innovating had to start selling to a wider audience to maintain their profit ratio.

    Their fucking kids must make Ethiopians look soooo fat.

    (note: I always bought their stuff because I respect the hell out of Carmack. But, your argument sucks.)

  35. Re:You show your ignorance. by ucblockhead · · Score: 3, Insightful

    You completely miss the point. There is a vast difference between someone letting you use their work for free of their own free will and taking their work against their will.

    --
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  36. Re:A Rose by any other name... by Kneo24 · · Score: 2, Insightful

    You're missing the point here. Calling it piracy, and thus people who do the act, pirates, is just denigration. It's done to vilify the people more than what they probably deserve.

  37. Trying to... by SanityInAnarchy · · Score: 2, Insightful

    Here's a few gems as I struggle through:

    Just as the printing press brought about a whole new set of problems with regards to unauthorized duplication, the Internet has similarly required specific measures designed to address the new possibilities for piracy it opens up.

    Not necessarily. Anyone remember the videocassette?

    Every new invention, including the printing press, has been fought by exactly the industries which stand to gain the most from it, if only they are willing to change. And when that change inevitably comes, they find themselves even richer than before.

    The important difference between digital piracy and the types of copyright infringement that came before it - such as taping songs off the radio - is that digital piracy allows perfect reproduction with no quality loss.

    Burning CDs allow perfect reproduction with no quality loss. The music industry fought burning CDs. They ended up making money by selling media and burners -- at least, Sony did -- and they continued to make money selling CDs and concert tickets.

    And so it is with the Internet. Their costs of reproduction are pretty much nil, even costs of a live broadcast are much smaller, and it's that much easier for the fans to connect, as well. It is their greatest opportunity yet. But they are fighting it, and that is why they're failing.

    The aim is to provide intellectual property a similar type of protection as that afforded to physical property.

    *head asplodes*

    Physical property, when taken, must be replaced. It is real, and can be possessed. It operates under fundamentally different rules.

    And when you factor in DRM, you find that they are not trying to protect intellectual property. They're trying to take away what you assumed to be your physical property -- your CDs, DVDs, etc -- and ensure that you are, in fact, only renting.

    For example, whether you spend your life building houses or writing books, you should be equally entitled to reap the rewards of your labors

    Indeed -- so find a system that actually parallels them.

    If I build a house, I can't then replicate it into thousands of identical houses for a fraction of a cent each, and then sell them for a profit. And I'm sorry, but that model is ending for other media, as well.

    The successful artists are getting paid like the housebuilders -- for actual work. That is, if you're a musician, sure, print a CD, but it is a promotional material -- let people pirate it. Your product is your tour.

    Without copyright laws the GPL couldn't operate, because it's through the rights that are enforceable under copyright law that the Linux movement can place terms and conditions on their licensing arrangement in the first place. Without copyright, the default and only possible distribution method for anything everywhere would be via the public domain

    I'm sure that many GPL advocates would be perfectly happy with that situation. After all, the primary evil of proprietary software is that it discourages sharing.

    Disclaimer: I don't actually think it's evil, and I do develop proprietary software.

    The argument is straightforward and both intuitively and logically sound: for every pirated copy of a product, there is some potential loss of income to the producer of that product.

    The arguments put forth here universally center around the loss piracy causes.

    What they completely ignore is the potential gain. Piracy demonstrates a much more effective method of distribution -- I'm at a loss as to why I can't legally obtain TV shows or movies via BitTorrent. It is also free advertising -- a pirate may eventually buy the game, and if the pirated version is at all good, they may in fact convince others that it's worth playing.

    It also increases awareness of the game and the brand, something which might otherwise be done with expen

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