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App Store Developer Speaks Out On Game Piracy

theguythatwrotethisthing sends in a write-up of his experience releasing an iPhone game on the App Store. By using a software flag to distinguish between high scores submitted by pirates and those submitted by users who purchased the game, the piracy rate is estimated at around 80% during the first week after release. Since a common excuse for piracy is "try before you buy," they also looked at the related iPhone DeviceIDs to see how many of the pirates went on to purchase the game. None of them did.

25 of 762 comments (clear)

  1. Maybe the game sucked? by amRadioHed · · Score: 4, Insightful

    But seriously, I think the app store really needs to give you a trial period before you have to pay for apps. So many of the programs out there are crap, I'm not willing to pay for 5 programs just to find one that does what I want.

    --
    We hope your rules and wisdom choke you / Now we are one in everlasting peace
    1. Re:Maybe the game sucked? by palegray.net · · Score: 5, Insightful

      If an app is good, you should be able to find independently written positive reviews for it. There's always the score provided in the app store, too. I release most of my code under BSD/GPL licenses, but I absolutely require people to abide by the terms as I own the copyrights. There's no excuse for violating the rights of others, regardless of how little faith you might have in "so many of the programs" available for purchase. If you've got that little faith in the app store, maybe you shouldn't bother with it in the first place.

    2. Re:Maybe the game sucked? by Anonymous Coward · · Score: 3, Insightful

      Or, maybe the pirates are only after free stuffz, and the try before you buy ideology is just something they (we) have learned to say in order to justify pirating.

      Now that I think about it, why would I pay for something I can get for free?

    3. Re:Maybe the game sucked? by Haeleth · · Score: 5, Insightful

      You don't tend to get a high score unless you play the game. Why were all these people playing the game if it sucked?

  2. Re:Didn't think App Store piracy was that big by JonathanBoyd · · Score: 3, Insightful

    Sounds like you're just making excuses to justify yourself.

    If something's expensive, why do you feel the right to watch it/listen to it/use it, when others have to pay? Isn't it more ethical to just not pay? As for convenience, that's no excuse at all, it's just laziness. Given the ease of legally downloading these days, it's even less of an excuse. As for pirating professional software for 'fun' or 'non-commercial' use, if you don't need all the features, then why not get a more limited program that does what you want and actually compensate a developer? On the other hand, if you do need the features, then pay the money or don't use it.

    You don't have a right to use something for free just because you think it's too expensive.

  3. Re:Didn't think App Store piracy was that big by ShakaUVM · · Score: 3, Insightful

    >>As for convenience, that's no excuse at all, it's just laziness. Given the ease of legally downloading these days, it's even less of an excuse.

    When I bought MATLAB, it came in the mail nearly 9 months after I began the process to buy it. We had licensed some MATLAB code that we needed to pay a yearly royalty fee on it, so this delay would have cost me XX,000 dollars had I not had access to computer labs with MATLAB on it to run and debug the code on it.

    The best part is? When they finally mailed it out to us, 6 months after billing my company / me thousands of dollars for it, they forgot to put the software in the box. Sure, it had a packing slip that said the CD should be in there, but nothing was inside the box but a manual. Their online download system is a POS as well.

  4. You can't beat pirates by Veggiesama · · Score: 5, Insightful

    If you slash the price of the game in half in a few months and re-advertise it (like Steam has been doing with their weekly sales), then you will see another jump in sales. If you cut it down to 1/4, you will get even more sales. Some people think $4 is a good price, but others won't pay more than $2, and still some will wait for the $1 or $0.50 sale.

    Each step allows you to reel in more buyers, because everybody has their own price threshold.

    Games depreciate in value quickly--that's just how it is. Eventually the game won't be worth anything to anyone. Then you should give it out for free, along with a big fat advertisement for your next game. You ARE working on the next game, right?

    Some people wouldn't pay a cent for the game in the first place, and they are the real pirates. You can't negotiate with them, so don't even bother. It's wasted development time to fight them. Even if you somehow make your game unpirate-able, they will just ignore your game and find something else to occupy their time.

    What you CAN do is try to net the would-be pirates who simply have a lower price threshold. Also you might net a few guilt-ridden pirates who think they are "redeeming their sins" by eventually buying the game they pirated, even though it's been a few months since release and the price has dropped significantly in the meantime. You might also pick up a few people who just like thinking they're getting a good deal.

  5. Re:Didn't think App Store piracy was that big by Carthag · · Score: 4, Insightful

    For example: the new Stargate series, it'll be years before it's on TV here, and they'll probably mess up the order (I have no clue why they do this, but they can's seem to ever show any series in the correct order over here), stop halfway through a season, broadcast it at random times, etc. It's almost as if they don't want people to follow the series.

    Easy; it's filler, the content being commercials.

  6. Re:First pirate! by Frosty+Piss · · Score: 4, Insightful

    The "try before you buy" excuse that people give as a reason to pirate (very popular here at Slashdot) has always been a steaming pile of bullshit, as is the tale that PirateBay is primarily used for legitimate torrent downloads. Pure bullshit. Honestly, it's difficult to take people that say these things seriously.

    But of course, information wants to be free as in beer at a frat party. Stallman says so.

    --
    If you want news from today, you have to come back tomorrow.
  7. Not asking real question? by Nomen+Publicus · · Score: 3, Insightful
    Surely the real question is: How many of the people who are using pirated copies would pay for a copy if the pirated copies were not available?

    This is the RIAA fallacy, presuming that all pirated copies represent lost revenue.

  8. Re:what about a different delivery system? by pjt33 · · Score: 3, Insightful

    This being the same MLK Jr who plagarised large portions of his doctoral thesis? I'm not sure he would be in the best position to criticise copyright violation.

  9. Re:First pirate! by telchine · · Score: 4, Insightful

    I think it's a biased sample. It only counts those that have submitted a high score.

    I'd have thought that if an honest person liked the game, they'll buy it before the stage where they start getting good at it and start submitting high scores.

    I think the sample here is selecting only those that have gone past the point where an honest person would buy the game.

  10. Re:Didn't think App Store piracy was that big by Durzel · · Score: 4, Insightful

    So you argument is basically that development time costs nothing? Just because the process of copying the media is the same whether you're copying a game that's taken 2 years of paid development time to create and a load of CVs you've written yourself doesn't mean the value is the same.

    The problem with your attitude is that without someone ultimately paying for the development time and everything else that goes with it what you steal wouldn't exist in the first place. I know it's a convenient deceit to figure mainstream musicians, games developers, movie studios, etc "make too much money", but if it weren't so easy to copy stuff what would you do? Go without? Piracy is so fashionable because it's so easy, intangible and apparently victimless - if your only option to get something was to pay for it or do without you'd either find a way to scrape together the cash if you needed it bad enough, or you wouldn't.

  11. Re:Didn't think App Store piracy was that big by Anonymous Coward · · Score: 4, Insightful

    What is available at iTunes and the App Store depends on where you live.

    Here in Brazil, there is no iTunes. The App Store sucks too and nothing is available in it due to restrictions I don't understand.

    Hence, tpb and Cydia.

  12. Re:right and wrong by Animaether · · Score: 3, Insightful

    if I'm going out to eat in a restaurant, I cant first order the food and drinks and only after that decide if it was good enough to be paid

    Actually, restaurants - aside from fast food restaurants - tend to be one of the few places where you routinely -do- pay after-the-fact, and can base your payment on your experience.

    I'm not just talking about tipping the waiter either. I'm talking about telling the cashier that, for example, the steak was a bit rancid. Nevermind the fact that you could have complained about that when you had the first bite and probably gotten a replacement, the cashier will probably - on their own or through a manager - decide that you can pay a little less, or get a coupon for a next time you're there, etc.

    Unfortunately, we can't play a game first and -then- decide how much we want to pay. Of course a big reason for that is because a lot of people would simply decide not to pay, even if they did enjoy the game ( as per your parent poster ).. the cheaptards.

  13. Re:The one that isn't BS is.... by sopssa · · Score: 3, Insightful

    You keep bringing this same thing in to every discussion, but are you saying that people should be allowed to download those songs *because* only 1 album sale is lost? So that's your rationalizing for piracy?

    The other thing that is bringing down sales is the many streaming services, both free-with-ads and premium subscription. *Lots* of people in Europe use Spotify. It's not only piracy that is bringing down album sales.

    Never the less, if you dont want to buy the album, use legit streaming services or get the songs (or software, games and so on) in some other legit way approved by the maker, why do you think you should be obligated to get them? Even more so if you want to get them for free. If you dont approve with the price, you just dont get it then. Live with it and dont go stealing it and try to rationalize it.

  14. Re:Didn't think App Store piracy was that big by Dhalka226 · · Score: 5, Insightful

    What gives you the moral right to restrict him from listening to/using it. It isn't like there is some law of scarcity involved that makes it necessary to restrict access?

    Rejection of the "I take what I want" attitude that pervades our society is in no way immoral. Quite the contrary, the people who think that just because they don't like the price or don't want to spend the money that they can have somebody else's time and effort anyway is immoral.

    Claiming "I wouldn't have bought it anyway, so shut up!" may be true in theory, but it's not relevant. It's not about control, it's not about lording money over the poor folks who would oh-so-love to use your product if only they could afford it. It's about realizing that there is a value to peoples' time and that they deserve to be compensated for that time if they so wish. If they so wish. Nobody gives a damn what you wish other peoples' work cost. If you don't find the product worth the money, if you don't have the money to spend, so be it; you're not entitled to take it. You wouldn't steal a physical object, and the reasons have nothing to do with some BS rationalization over whether or not property is actually lost.

    I've fought long and hard against people who call downloading music, movies or software "theft" or "stealing," but people like you abuse the difference to justify your entire behavior. No wonder so many people just want you to shut the hell up and go to jail. You're beginning to make me a convert.

    Those who claim that it is a sin, are those who want to strive backwards into the middle ages.

    It sounds awfully like you're the one who wants to strive backward into the middle ages. I'm sorry that people making money from non-tangible goods doesn't meet with your approval, but that's the way we've gone as a global society. That you would literally attack somebody who suggests maybe, just maybe, you should actually have to compensate people who create something rather than just taking it as you please makes you little more than a neanderthal, desperately trying to provide some sort of moral justification for something you planned on doing anyway.

    Of course, wasting resources is exactly what you are promoting. Efficiency is not in your vocabulary.

    You're right; stealing is the most money-efficient way for you to get something. In fact it's the most money-efficient way for anybody to get anything. Yet we've decided as a society that it's not only illegal but immoral. I wonder why that is? Could it be that the only way it doesn't collapse in on itself is when as few people as possible are doing it? And you're advocating doing that as efficient for a society? Congratulations, sir. Your self-entitlement astounds a person who thought he could no longer be astounded by the depths to which people will sink to self-justify.

    You have the right to claim that, but it doesn't make it true.

    It has been true since the formation of modern societies. Laws and punishments for theft are always among the first that socities create. That you want morality and legality set aside for your personal enrichment--just as long as other people go ahead and pick up the tab to allow your free-loading to continue--doesn't make it true, or reasonable, regardless of what overblown, over-used excuse you throw up for how this is sooooo different and we should all just chill, maaan.

    Efficiency my ass.

  15. Re:what about a different delivery system? by Tridus · · Score: 4, Insightful

    Wait... so you bought an iPhone despite not liking the terms and conditions that you agreed to when buying the iPhone? So you go out and pirate some independent developers game as a means of getting back at Apple for those terms that you voluntarily agreed to... and this somehow makes you not a pirate?

    This is quite possibly the dumbest explanation for piracy I've ever heard.

    --
    -- "So they told me that using the download page to download something was not something they anticipated." - Bill Gates
  16. Re:First pirate! by WaywardGeek · · Score: 5, Insightful

    I haven't had any pirated software for the last 10 years, but then again, I've been running Linux. Anyway, back in college (1982-1986), I pirated all sorts of software I could not even imagine being able to afford. When I got a real job (1986) and since, I've paid for virtually all of it. However, my generation didn't grow up comfortable with pirating.

    One interesting thing I found in 1991: I tried selling "shareware" where you are suppose to buy the application if you use it and like it. It was downloaded and obviously heavily used a few thousand times. It was a memory checker for Windows programmers. How many programmers sent me a check for $10? One. Good grief. At the same time, my father wrote a shareware application useful for Delta pilots to "bid" on their routes for the next month. Dad made $32K on it! The difference? Pilots were older, middle class workers who never pirated anything. Programmers were young and on the leading edge of piracy (and we still are).

    This game is a very interesting data point. I would expect that a young hacker who can pay $400 for an iPhone just might have $2 for a game. Frankly, I don't think this is as much about ability to pay as a new culture of piracy.

    As for me, I don't pirate anything any more unless the author deserves to burn in hell, which is a very small portion of authors. For example, to read books now days I need to convert them to audio and play them, since my central vision is failing. I can break the Microsoft Reader format, which works well for me. I just buy the e-books and then translate them for my needs. However, some authors, like J. K. Rowling, are rich greedy bastards who don't care about the disabled. I already own all her books, and most of the movies. I felt pretty good about downloading her collective works on The Pirate Bay, and would encourage all of you to get it there to punish her.

    --
    Celebrate failure, and then learn from it - Nolan Bushnell
  17. Re:Didn't think App Store piracy was that big by discord5 · · Score: 4, Insightful

    As for convenience, that's no excuse at all, it's just laziness. Given the ease of legally downloading these days, it's even less of an excuse.

    Here are a few examples of convenience:

    • Legally bought version of MathCAD (1300€ - license for 1 PC). The user has to wait 3 weeks for the package to arrive, and then installs it on his computer. The license manager fails in a spectacular way, resulting in the user uninstalling the application and installing it on another computer. The license however has already been tied to the computer he originally installed it on, and is now no longer valid for another computer. After 3 weeks of contacting the company we've still not made any progress. The user has in the meantime acquired other means to do his work in far less time and far less hassle (although legally not that quite nice). Convenient indeed.
    • Aforementioned user needed to use a software package developed by a partner to finish a project. This package came with a licensing product that installs itself and binds itself to port 8080, where you can conveniently upload a key that the software producer generates for you based on your MAC address (of all things). The licensing software contained a bug which made it freak out on computers with two network cards (which is default on many desktops these days). The result was a lot of mails going back and forth between the partner and us, where we were eventually told to wait until the 3rd party copyright protection library fixed their bug. After 2 weeks of waiting the user searched for a crack and applied it and finished his project. 2 months after the deadline a bugfix was issued.
    • An uncle of mine decided to use iTunes for his music needs. I can only applaud him for abandoning his luddite ways and converting to digital era. He decides to purchase about 300$ worth of jazz music, so he can put them on an mp3 player and enjoy his music without his wife complaining about the noise (a fervent music hater). He's convinced by his friends to buy something else than an iPod, which unfortunately cannot play iTunes DRM'ed format. He is now a big fan of various p2p services that allow him to download entire jazz cds for free, and the words "iTunes" and "scam" are mentioned in the same sentence. Sadly I am unable to change his mind on the subject.
    • My perfectly legally purchases copy of windows XP is currently in the process of reminding me that I might be running counterfeit software. I've decided not to bother with it at the time and give windows 7 (legally purchased, currently en route to me via snail mail) a try. I'm sure that if I google a bit I'll find enough ways to disable WGA until the next update.

    I'm sure that anyone here can come up with more examples that disprove that piracy is far more convenient these days than buying a legal copy in many instances. I'm not saying that piracy is ok, because it really isn't, but when it comes to convenience it stands undefeated in most cases. The two users I named beside myself are both the typical Joe Sixpack which slashdot likes to shun, and both of them have found their way to the pirated good on their own, and managed to find this approach much more convenient that the correct way of doing things.

    I believe that says a lot about the current state of affairs of copyright protection, and I personally long back for the days where the only thing that harassed me was a serial number on the inside of a box. In the case of software I find it inexcusable that when you've paid a considerable amount of money for a piece of software that you're being treated like a thief. In the case of iTunes... Well, despite that my uncle should've bought the correct piece of hardware, his mp3 player works very well and he's quite satisfied with it regretting the money he spent on a format he can only listen to on his computer.

    The more we decide to burden legitimate users with hassles, the more likely it will be they will turn into pirates, which will result in lost s

  18. Re:The one that isn't BS is.... by betterunixthanunix · · Score: 3, Insightful

    "Besides, why do you think you should be allowed to use the software or game if you haven't paid the author what he is asking for it?"

    Why should you be allowed to read a book without the author's permission? Why should you be allowed to use the techniques described in a math textbook without the author's permission?

    When copyrights were first envisioned, nobody was thinking, "Well, the general public should have to get the author's permission to read books." It was an issue of who was allowed to publish the book, not who was allowed to read it. Now we include software in copyright law, but the law should remain the same: an issue of who may publish, not who may use. Unfortunately, we have not updated copyright law to fit the times that we live in, and the line between "publishing" and "using" software has become blurred; instead of rethinking copyrights to compensate for this new age, we just pretend that everything is the same and pass laws like the DMCA to help prop up that fantasy.

    So why should you be allowed to use the software without the author's permission? Because we live in a new age, and it is time for publishers of all sorts to adapt to that new age instead of clinging to the realities of a previous era.

    --
    Palm trees and 8
  19. Apps can be shared with up to 5 devices by foniksonik · · Score: 4, Insightful

    I'm wondering if his methodology is bad. I haven't read TFA as yet but it seems from scanning the posts here that he was comparing the deviceID that purchased with the deviceID that posted the score... in which case, how is he accounting for the fact that users are specifically allowed to share their apps with up to 5 devices?

    I do this all the time between my wife and I. We download games for our kids to play as well as apps and music for ourselves when we find them... then sync up the phones via iTunes (as we are specifically allowed to do) - so that we can share our household purchases between the two phones.

    If you assume a maximum of sharing.... take a sample of 100 downloads, then share it out to 5 people = 500 downloads, using his method you instantly have an 80% pirate rate!!!!

    --
    A fool throws a stone into a well and a thousand sages can not remove it.
  20. Re:First pirate! by damburger · · Score: 4, Insightful

    Selling games is strictly self-serving also. Apparently, you think its fantastic for companies to be driven by greed, but the customers should be selfless? Same old shit as the banks - capitalise the profit, socialise the loss.

    --
    If we can put a man on the moon, why can't we shoot people for Apollo-related non-sequiturs?
  21. Re:Didn't think App Store piracy was that big by julesh · · Score: 3, Insightful

    Quite the contrary, the people who think that just because they don't like the price or don't want to spend the money that they can have somebody else's time and effort anyway is immoral.

    If I copy something that an artist produced, it doesn't cost that artist either time or effort. The time and effort has already been spent, they have no way of getting it back.

    The only possibility is that they might get payment in compensation for it. As long as anything I do does not affect their chance of getting this compensation, I see no possible way in which it can be immoral. Therefore, as long as I can be sure that I am not going to pay for a copy, I see no way that making my own copy is immoral.

    If you believe otherwise, can you explain why?

    You're right; stealing is the most money-efficient way for you to get something. In fact it's the most money-efficient way for anybody to get anything. Yet we've decided as a society that it's not only illegal but immoral. I wonder why that is? Could it be that the only way it doesn't collapse in on itself is when as few people as possible are doing it? And you're advocating doing that as efficient for a society?

    What the OP is advocating is not stealing. Stealing involves somebody losing something; it is a zero sum game: for one person to gain, another must lose. Unauthorised copying is not: one person can gain while nobody else loses. This is an essential difference that means your entire analogy is basically worthless.

    It has been true since the formation of modern societies. Laws and punishments for theft are always among the first that socities create.

    Here's a legal definition of theft: "the wrongful or willful taking of money or property belonging to someone else with intent to deprive the owner of its use or benefit either temporarily or permanently". Can I ask in the case being discussed, what money or property has somebody been deprived of wrongfully? Please note that you cannot be deprived of something that you never had a right to have in the first place. Unauthorised copying is not theft. The two are totally different concepts, and while laws against theft are, as you say, usually among the first that societies create, it is worth noting that unauthorised copying was not a crime anywhere until only around 300 years ago.

  22. Excuses, Excuses, Excuses... He's wrong. by Jackie_Chan_Fan · · Score: 3, Insightful

    From Toucharcade:

    "Ethan Nicholas is one of the big indie success stories of the App Store. Nicholas quit his job back in January after his tank artillery game iShoot grabbed the #1 spot in the App Store. Nicholas reportedly made over $800,000 within five months."

    This is just one of MANY games that made a crap load of money via legal sales on iTunes. Such games as that include, Trisms, Space Invaders: Infinity Gene, 2 Across, Fieldrunners, Real Racing, Madden, Tiger Woods, Need for Speed, Flight Control, AIM, Baseball Stars, Texas Hold'em, Rock Band, Tap Tap Dance, and MANY MORE....

    These games have made a lot of money in very short time. Trism's made the indie developer, $250,000 in 2 months. 2 Across, also made an indie developer $1800 a DAY in sales. Tap Tap Dance, made $6,927 a week when it launched. Now Tap Tap has several games out, which are HUGE successes for an indie developer on the iphone. You can only imagine how profitable they are now.

    This developers game (Tap-Fu) is bad. Its not a good game. Its not even a complete game. Its missing most of the story mode, as it hasnt been made yet. It has very simple gameplay that really doesnt work well.

    There was no trial version for the game. Many games have free trial versions known as "lite" versions on iTunes. The developer tries to shoot down the idea that warez users tend to try out software, then some possibly buy it.

    Frankly by not providing a free trial version via itunes, he forced people to try out a warezed version.

    I bought Tap-Fu after reading about it on Toucharcade.com. It looked promising, but it fell flat. Its bad. iTunes has a no return policy.... perhaps that forces more people to use warez versions because the proof is that... PEOPLE DO BUY these apps legally... IF they are good and worth it. These companies do make good money selling them. The App store has helped keep the indie developement scene alive. Many people have quit their day jobs to code Apps full time that generate $200,000 in profit in 2 months.

    TAP-Fu was simply not a good game. At least in my opinion

    The fact is, all of those games I mentioned above have made a LOT of money, under the same circumstances as this developer's "Tap-Fu" game. They all faced the "threat" of piracy. The difference is, those other games were worth owning, and Tap-Fu is not. That's the real reason why its not selling well. Not some silly piracy excuse.

    The developers score board data is certainly interesting, but it is not proof of ANYTHING, other than people didnt find his app worth buying. MOST apps arent worth buying, or even installing illegally...

    There are a good handful of ones that are... and they do make money. Lots.