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Has Any Creative Work Failed Because of Piracy?

Andorin writes "Anyone familiar with the piracy debate knows about the claims from organizations like the RIAA that piracy causes billions of dollars in damages and costs thousands of jobs. Other studies have concluded differently, ranging from finding practically no damages to a newer study that cites 'up to 20%' as a more accurate number (PDF). I figure there's got to be an easier way to do this, so here's my question: Does anyone know of any creative works that were provably a financial failure due to piracy? The emphasis on 'provably' is important, as some form of evidence is necessary. Accurately and precisely quantifying damages from p2p is impossibly hard, of course, but answering questions like this may lead us to a clearer picture of just how harmful file sharing really is. I would think that if piracy does cause some amount of substantial harm, we would see that fact reflected in our creative works, but I've never heard of a work that tanked because people shared it online."

48 of 1,115 comments (clear)

  1. Short answer by girlintraining · · Score: 5, Insightful

    No.

    Gone must be the days when a creative work was loved for its contribution to the arts... Plato, Socrates -- failures, all of them, because their works are no longer copyrighted and thus can no longer make a contribution to society. /sarcasm

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    1. Re:Short answer by djconrad · · Score: 5, Insightful

      Socrates never wrote a damn thing, and the critics still ruined his career.

    2. Re:Short answer by Anonymous Coward · · Score: 5, Informative

      The short answer is also wrong and based strictly on your support of piracy and not the facts. I'm a writer/director and it's well known in the independent community that if you release a film you either have to sell distribution foreign and domestic at the same time or release it foreign first. Once it comes out in the US it will be pirated within days and no one will risk releasing it for sale in most territories. The Southeast Asian market is largely worthless due to rampant piracy. I was told by a distributor nearly ten years ago that my first film was selling side by side with 100 million dollar films in Malaysia for a $1 a copy. Foreign used to be a good market for independents but it has most dried up over the years due strictly to piracy. In the US it's gotten hard to even get a distributor because everyone is focusing on higher profit studio films. You can argue over the impact on big budget studio films but to say there's no impact is is denying what the ones on the ground are dealing with every day. I'm planning to be out of the film industry within two years because it's already nearly impossible to sell films as it is. What's happened is in order to hang onto their tightening profit margins the studios are squeezing out the independents. Anyone that thinks film profits are going up hasn't done their homework. Actual ticket sales have been falling for years. Increased ticket prices have somewhat offset the drop but they've maxed out what people will pay for tickets so over the next few years the box office take will start to drop. DVDs are faltering and over the next 18 months most of the brick and mortar stores will close up. There's less profit in the download rental services so that's more loss of revenue. Most of the films count on theater money to at least break even. The industry bet the farm on 3D out of desperation. It'll never last so one day those cash streams will dry up and films will become unprofitable. Already fewer films are made and released. It's not that people are watching fewer films they are simply starting to find ways around paying for watching films. The marginal films will die first but don't expect to see many blockbusters in ten years. George Lucas was dead on when he said by 2025 the average studio budget will drop back to 3 million dollars per film. That's more like what it was when he started out and that's without adjusting dollars. So what? How many 3 million dollar films have you watched in the last year? I'll bet they are mostly on the SciFi Channel. That's the future that is being created in large part due to piracy.

    3. Re:Short answer by b4dc0d3r · · Score: 5, Insightful

      I wish they would go straight to $3 million films. Cut out the overpaid actors, there's a great start. There are plenty of talented actors who would fill the headliners' shoes completely, and possibly better. The only reason they get so much money is because the name draws people into theaters.

      look what happens then. $25 million payday to star in a medicre movie, and the star agrees to do it, and their box office value starts dropping. They are using my ticket price to hire someone I know so I evaluate the movie on its stars instead of its plot. Then audiences enjoy the movie based on its writing or cinematography, or hate it for those reasons plus the actors' poor delivery.

      I loved Cruise in Tropic Thunder until I realized it was him. I can still enjoy the movie but it makes me feel uncomfortable because I've seen so many of his overacted crapfests. I loved Vanilla Sky despite him, mostly because the story was stolen (Obre los ojos) and slightly updated. There are people I will see in any movie because they only select good scripts and good directors/producers to work with, and the result is good. The actor does the filtering for me.

      Box office name recognition is the worst thing to happen to movies ever. I'm not just talking about actors, I'm talking about expensive licensing deals too. Pay a bunch of money, make a Batman movie, and it doesn't matter how terrible it is you're a millionaire. Video game movies, novel-based movies, anything with a well-known name. Name recognition is crap.

      Get a good script, good actors, and actually spend money promoting it like they do the big blockbusters. That's how you get people in the seats. Stop spending money on name recognition and the costs go down and audiences will return to movie-going. A $3 million movie with a $3 million advertising budget needs to sell maybe a million tickets to break even.

      Actors and licensees don't need to be set up for life on one movie. If acting is your job, you can live on $500k per year. That will cover plane tickets and expensive clothes. Do 2 movies per year and, minus taxes and expenses, you'll have a very comfortable life *working*, not spending my ticket money on hookers and blow and mansions for MTV's Cribs.

      Let's have the $3 million movie movie, I'm all for it.

  2. Actually Yes by JamesP · · Score: 5, Informative

    A film producer had his film stolen, and the thief got a lot of money for the screenings.

    The producer that ended penniless: Georges Melies

    The Thief: Thomas Edison

    http://en.wikipedia.org/wiki/A_Trip_to_the_Moon

    --
    how long until /. fixes commenting on Chrome?
  3. Let the rationalizations begin by Anonymous Coward · · Score: 4, Insightful

    Huh - I've never heard of a retail outlet that failed because of women stealing bras from the packages, but it's still illegal and wrong.

    There are a tremendous number of people who have grown up in an age where it is so easy to copy information, and where it is so easy to self-publish so you *think* you're creative, and the idea that it's not theft to benefit from someone else's hard work just because their work is easily copyable in a computer...it boggles my mind.

    YOU sell widgets in a store, don't you? You and your store should definitely get paid for that. I write music for a living...I should only get paid for the first copy sold?

    1. Re:Let the rationalizations begin by bunratty · · Score: 4, Insightful

      So if you write a program, you should be allowed to sell only one copy of the software? If you write a book, you should be allowed to sell only one physical book? If you develop a drug, you should be allowed to sell only one prescription?

      --
      What a fool believes, he sees, no wise man has the power to reason away.
    2. Re:Let the rationalizations begin by gilgongo · · Score: 5, Insightful

      I write music for a living...I should only get paid for the first copy sold?

      Depends. If you're any good, I'd like to see you paid for about 7 years after you wrote the work. Then I'd like to see your work go into the public domain to be used by others in any way they want, for free. Meanwhile, you're going to write other stuff, because you're good at what you do, aren't you? If not, fuck off and stack shelves for a living, like me.

      The big problem at the moment is NOT that people are copying stuff, it's that artists (well, publishers really) are demanding payment for works for literally hundreds of years after they were first produced. That's wrong, and it must stop because without a public domain, you can forget about anyone producing any art at all.

      --
      "And the meaning of words; when they cease to function; when will it start worrying you?"
    3. Re:Let the rationalizations begin by Aranykai · · Score: 4, Interesting

      And I work in residential construction. I have apprenticed and studied for years to gain the skills I employ but I don't get to collect a royalty check every time someone uses a door I installed...

      I support the artists I listen to by buying branded merchandise and by paying to see them perform. I don't pay them for the recordings I keep on my mp3 player.

      --
      If sharing a song makes you a pirate, what do I have to share to be a ninja?
    4. Re:Let the rationalizations begin by jedidiah · · Score: 4, Insightful

      The biggest threat to Big Media is ultimately their own back catalogs.

      It doesn't matter if it is SOLD, pirated, viewed for free (with commercials) or if it's in the public domain.

      A glut of the old stuff devalues the new stuff, especially when the old stuff is better.

      --
      A Pirate and a Puritan look the same on a balance sheet.
  4. sort of.. by Anonymous Coward · · Score: 5, Interesting

    I did some work for a man who paid to have drivers written for SCSI harddrives, a while a go, that was his edge over the competition. The competition simply pirated his drivers and sent him out of business. This may not be 'creative works' but the process is the same.

  5. Failed to get funding by Anonymous Coward · · Score: 4, Insightful

    All the projects that couldn't get funding because piracy would reduce their profitability below the required threshold. Piracy can be chilling effect.

  6. too hypothetical by tverbeek · · Score: 4, Insightful

    The question is inherently speculative. It isn't terribly difficult to find examples of, say a comic book series that was canceled because sales were 10% below what was needed to break even, or a movie that didn't quite make back the investment (even assuming non-Hollywood accounting). The number of creative endeavors which are just on the edge of financial solvency is pretty darn large. But what's essentially impossible to determine is what the actual impact of "sharing" on what-sales-would-have-been was in any given case. The best you could do would be to estimate a general range, and stipulate that any work that was within that range of being profitable "failed" because of it.

    --
    http://alternatives.rzero.com/
    1. Re:too hypothetical by tverbeek · · Score: 4, Interesting

      MS-DOS's immense success had little - if anything - to do with piracy. In its very early years IBM wouldn't sell you a PC without either PC-DOS or CP/M, and CP/M was more expensive, so most buyers opted for the other one. Later, most large-scale vendors of PC-compatibles pre-installed a licensed copy of MS-DOS on the hard drive, and included it in the price. By the time MS-DOS upgrades became a stand-alone user purchase subject to large-scale piracy, the OS was heavily entrenched, and didn't benefit from the networking effects that piracy can offer.

      There are software products out there that became successful from the promotional aspect of piracy. (MS-Windows is arguably one.) MS-DOS did not.

      --
      http://alternatives.rzero.com/
  7. effects could be on future works by mr_walrus · · Score: 4, Insightful

    what newer creative works were never done because a previous
    one never succeeded enough due to piracy?

    (so, how would you even define "tanked" for a creative work anyway?)

  8. Re:Halo Series for Mac by girlintraining · · Score: 4, Insightful

    none of the other halo titles were released on Mac and one of the reasons cited...

    ...was that Mac is rarely the primary platform for game developers? Most mac games are ported from the PC or co-developed. Piracy has been blamed for everything from the terrorism to low birth rate. Also, while on the topic of 'citing' -- citation needed. When discussing piracy, the level of hysteria surrounding the issue thanks to corporate interests makes it imperative that you list your sources and facts, not just a vague conclusion.

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  9. Actually, vastly more than one. by Weezul · · Score: 4, Insightful

    You ever hear about hollywood accounting? Virtually anyone important enough that they'll receive "points" has been defrauded by their own studio/label.

    You'll figure out why the RIAA/MPAA are so anti-piracy as soon as you grok that single fact. Any distribution channel or even publicity that doesn't trace back to efforts they may label their own will create a scenario where they face more serious lawsuits from their talent, plus more talent founding competitors.

    It's time to put this dog to sleep. Don't buy their shit. Don't talk about their shit. Don't even watch their shit pirated unless you absolutely must based upon your childhood comic book consumption.

    The next two time you feel like watching a movie, try Let The Right One In and Primer. I promise you they're both better than anything released by Hollywood during the last 5 years.

    --
    The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
  10. Excellent call! by Penguinisto · · Score: 5, Insightful

    When I first read the title, I thought that kdawson (I know, I know) was asking if a creative work failed in the sense that no one accepted it, it was not disseminated, etc. Then TFS says "financial" failure.

    Problem is, the question (in any aspect) is too one-dimensional. Paul Gauguin was a financial failure, as were most painters who weren't sponsored by some aristocrat or other. Yet one would hardly call his (or their) works "failures" in most aspects of the term. Meanwhile, even in just the one aspect - money - well? Today, just try and buy an original Gauguin and say it's a failure. I dare you.

    Even with recent/modern creative endeavors, the question is stupid. If you're creating a work of (art, music, or similar) just for the money, that creation is almost guaranteed to suck. See also the products of Britney Spears (...remember her? no worries if you don't), "Lady Gaga", or whatever manufactured 'star' of the moment you care to name. Viewed dispassionately and apart from the personality, the music quite frankly sucks ass. If we shift to works of writing, you can almost always tell at which point a writer loses his/her passion for the craft, and instead just does it for the money - the quality drops accordingly. Visual art? Heh - I'll pick on The Simpsons... about five years ago, it was glaringly obvious that Matt was just doing it for the paycheck.

    But anyway, long story short - IMHO, the only way a work succeeds or fails is in the metric of how widely accepted it is, and in how long it remains in the public consciousness. The successes become treasures that never die in spite of passing centuries, the failures are forgotten in less than a decade no matter how widely marketed.

    /P

    --
    Quo usque tandem abutere, Nimbus, patientia nostra?
    1. Re:Excellent call! by ehrichweiss · · Score: 4, Insightful

      It was either Hugh Hefner or someone else at Playboy who said that they realize that their work is pirated and while they have been known to crack the whip when it got out of hand, they also realize that at least their work is good enough for someone to consider to pirate and that it keeps them in the public view even if they aren't directly making money from it.

      --
      0x09F911029D74E35BD84156C5635688C0
    2. Re:Excellent call! by Antisyzygy · · Score: 5, Insightful

      To be fair, Lady Gaga has a LOT more talent than Brittney Spears.

      --
      That brings me to an interesting point, / . is just "the ramblings of socially-inept, technology-literate news-mongers".
    3. Re:Excellent call! by hitmark · · Score: 5, Insightful

      http://radar.oreilly.com/2006/08/piracy-is-progressive-taxation.html

      "Obscurity is a far greater threat to authors and creative artists than piracy."

      --
      comment first, facts later. http://chem.tufts.edu/AnswersInScience/RelativityofWrong.htm
    4. Re:Excellent call! by idontgno · · Score: 4, Funny

      Now you're just being repetitive.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    5. Re:Excellent call! by lena_10326 · · Score: 4, Insightful

      Even with recent/modern creative endeavors, the question is stupid. If you're creating a work of (art, music, or similar) just for the money, that creation is almost guaranteed to suck. See also the products of Britney Spears (...remember her? no worries if you don't), "Lady Gaga", or whatever manufactured 'star' of the moment you care to name

      Lady Gaga does it all for the money? You've got to be the biggest blistering idiot I've seen on slashdot. She went to NYU, performed in burlesque shows, and writes the songs she performs--not to mention she came from humble beginnings. And for Britney Spears, she has averaged 1 album every 2 years so she is definitely not "forgotten". You don't know anything about the stars you've mentioned and you don't know anything about the performance art of Lady Gaga. You're just another jackass blathering on about how much he hates a certain genre of music. It's very easy throw out bullshit and get a crowd of idiots to agree with you as you've so wonderfully demonstrated. Well, I'm here to tell you that you're an ignorant buffoon and you don't know anything about the artists you've listed. Maybe you should mind your own business and listen to whatever it is you listen to--probably a chest full of 8-track's of the Bee Gees, Chicago, and Styx.

      Also one more thing. EVERYONE DOES IT FOR THE MONEY. If you're going to hold artists to the money standard, then I want to see you go to work and refuse to accept your paycheck. Go ahead. DO IT. Stop being a hypocrite.

      --
      Camping on quad since 1996.
  11. what about fair use? by tchdab1 · · Score: 4, Insightful

    It would be useful to compare this survey with one that estimated the gains or productivity arrived from fair use of other works. What literature, art, music, programs, inventions, etc. derived from building upon other works have contributed to the GDP?

    You can begin by adding most of the annual income and net worth of Disney.

  12. Starsiege: Tribes took quite a hit from piracy by 6350' · · Score: 4, Informative

    I don't know that I would call it an outright failure, but the PC game "Starsiege: Tribes" from Dynamix certainly got walloped by piracy. I chatted with one of the engineers after the game's launch, and he sadly reported their server stats showing 300k+ people playing the game, with just 70-80k or so sales. They had a complete and utter lack of any DRM (not even a simple disk check), making the game wildly easy to copy. Hell, the install process was just a straightup file copy from CD to HD.

    No two ways about it, the game sold poorly, but was quite successful with players. I certainly don't mean to imply be any stretch that every player represented a lost sale, but I definitely believe that the complete ease with which the game could be copied (ie, right click on the install folder, and select "ICQ this to my buddy") led to very disappointing sales.

    Most games that sell poorly are poorly made games: the market is the final judge of quality. However, I also firmly believe that had Tribes had some basic form of copy protection, the sales would have been much much stronger. I hate that I am now sounding like I advocate loads of DRM, but Tribes represented an almost pathological case with its utter lack of any protection, and I think this wound up hurting sales very markedly.

    1. Re:Starsiege: Tribes took quite a hit from piracy by Anonymous Coward · · Score: 5, Insightful

      A good example of the absurdity of the "we wouldn't have bought it anyway argument." If Slashdotters weren't in denial because of their addiction to mass media content and aversion to paying a fair price for it (what rational person thinks 0 is a fair price for something they want?), they'd be able to see that some fraction of those 220k+ people would have bought the game in the absense of piracy. Maybe 5%, maybe 75%. Either way, infringement hurts producers of intellectual property and causes the market to produce and inefficiently low amount of it.

  13. *Some* people will pay by Anonymous+Brave+Guy · · Score: 4, Interesting

    Then people will pay for it.

    If the quality is good enough then some people will pay for it.

    Chances are, some people also will not.

    We know that artistic works can be commercial successes based only on those who do play by the rules and pay for what they take. If this were not true, all kinds of businesses would have failed already. But this is missing the point, twice.

    Firstly, only a proportion of people, probably a rather small proportion in some industries, is supporting the work that many people enjoy. Those people are getting screwed, because they are paying considerably more than their "fair share", while the freeloaders contribute nothing.

    Secondly, we do not know how much better the incentive would be to create and share more and better works in future if everyone contributed in return for what they take today. Although it's popular to think of Big Media as The Enemy(TM) around these parts, the reality is that a lot of commercial creative work is made and distributed by much smaller organisations, which use a lot of the money they bring in just to pay the salaries and invest the rest in a very few new projects, often only one at once. In a lot of cases, the entire business at risk of failure if any of those new projects doesn't make it, so relatively few new projects are attempted. Instead, much of the follow-up work winds up repeating a previously successful formula that is likely to be a safe bet, rather than going for something innovative that might be a better product with rich rewards, but also carries a much higher risk.

    If you doubt this, consider the number of game studios over the years that have produced a string of enjoyable titles but not survived a single bad one. Of those that have survived for a long time, ask yourself what proportion of their recent titles are new and how many are just the latest in a franchise with little real change from the last one. Ask yourself how many popular sci-fi shows that plenty of geeks enjoy still get cancelled in their infancy, because they don't bring in enough money almost immediately for those who bankroll them to continue writing the cheques until the series is established.

    Now ask yourself, if there was both more money in the bank following a previously successful product and a greater potential profit from any new project, does this make it more or less likely that new and innovative products will be given more of a chance?

    --
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  14. Re:Lady Gaga sucks??? by maxwell+demon · · Score: 4, Funny

    I love lady Gaga to death!

    That's an interesting way to murder.

    --
    The Tao of math: The numbers you can count are not the real numbers.
  15. Re:Lady Gaga sucks??? by Soilworker · · Score: 5, Funny

    Leeaavvee GAGAA AAAALONNEE!!!

  16. Music 60 years from now... by Penguinisto · · Score: 4, Insightful

    I'll pass on discussing the relative merits of being a fan of Ms. Gaga, to get to something you mentioned:

    And how the heck do you propose to judge her music dispassionately? Counting the number of chords per second or something?

    I guess I was imprecise. What I meant was this: If you just heard the song; without the marketing, the media-pumping, or even a picture of her. Or even better, if you heard the song played 50 years in the future, without ever hearing of her beforehand.

    A case in point: I collect (half-assedly, I admit) old 78 RPM records to test on an old 1947 Trav-Ler record player and radio that I rebuilt (finding the tubes was the most challenging part). I have stuff that was "pressed" in 1918 (this is pre-vinyl, so they were made the hard way back then). The non-successful musicians' records are drop-easy to find - Goodwill's clearance warehouse occasionally has bins of them... and in spite of excellent quality materials (and a new needle), the music is, well, awful. Little wonder I can buy them at roughly $0.25 per pound. OTOH, finding something from a successful musician (e.g. Glenn Miller) means having to hunt the records down, and sometimes paying a lot more for a mint-quality record than one would for a modern CD of the same musician's work.

    To that end, what do you think a Lady Gaga CD will go for in (roughly) 2070, do you think? More importantly, how widely do you think her songs would be played by then? Would anyone still alive then even know or care who she was? That my friend is the big metric of success or failure concerning creative works.

    --
    Quo usque tandem abutere, Nimbus, patientia nostra?
    1. Re:Music 60 years from now... by jadin · · Score: 4, Informative

      I hate to defend her, but through forced exposure, I've come to the conclusion that there is a talented artist hidden under the shock pop veneer.

      http://www.youtube.com/watch?v=7CUYvWTd6oA

    2. Re:Music 60 years from now... by digitig · · Score: 4, Insightful

      I don't know who it was, but someone here in /. had a sig I totally agree with:

      "Remember kids, if they're not playing real instruments, it's not real music"

      Techno fans, flame away, I won't respond to them.

      On the other hand, I once heard a very skilled keyboard player in a band comment "I'll use whatever technology is available to get the sound I want."

      --
      Quidnam Latine loqui modo coepi?
    3. Re:Music 60 years from now... by nedlohs · · Score: 4, Insightful

      What's a "real instrument"?

      Is an electric guitar less real than an acoustic guitar? Why?

      Is a synthesizer driven by keyboard less real than a violin? Why?

      Why does the mechanism to create the sound waves make a difference to whether something is music or not?

  17. Re:Lady Gaga sucks??? by Mister+Kay · · Score: 5, Funny

    Speak for yourself there buddy, I love lady Gaga to death!

    Sounds to me like a case of.... bad romance...
    <Insert groans here>

  18. Missing the point... by JoeMerchant · · Score: 5, Insightful

    The real damage caused by piracy aren't the works which were created and then failed to produce return on investment (this is all to easy to do without piracy), the real damage is done in works which are never created in the first place due to the perception that piracy would make them financially irrelevant. The poster is all concerned with "provably," but really, if you sit down with any group of investors and propose a new creative project, the provable effect of piracy is when the investors walk away from a project because they won't get their money back before pirates saturate their market with ripoffs.

    Even in patented space many works (especially medical devices) struggle to make a profit before patent protection runs out. Patents are more beneficial to the world at large in this respect - ideas which can be realized in a reasonable time are pursued, and then within 20 years they become public domain. The effective infinite life of Copyright is wrong on so many levels. I think a reasonably time limited copyright scheme would be more respected / less violated, and more productive in the creation of new works, as opposed to the infinite repackaging of existing brands that we have today.

    1. Re:Missing the point... by Jane+Q.+Public · · Score: 5, Insightful

      You are begging the question.

      How many walk away because their product will not make a profit... based on how many in the past have failed, due to piracy? You have to have one before the other will happen. So, the question is: have any actually failed? If not, why would they walk away?

      The Movie industry has been crying foul (one major studio CEO recently said in a speech that piracy is "killing the industry")... while that same industry has been racking up record profits. Sorry, but that made my bullshit detector go off the charts.

      The music industry has seen declining CD sales... but there are numerous possible reasons for CD sales to be in decline without even considering piracy (like the fact that the music industry refused to change and give people what they want today). Some of those reasons no doubt actually apply.

      So the question still comes back to: has anything really failed financially because of piracy? And "creative accounting" is not acceptable... we all know how the movie studios make movies look like they are losing money so they don't have to pay out percentages. An example from just the other day was how Harry Potter brought in $977 million (almost a billion) dollars, yet the studios used creative accounting to "show" that this most successful series of all time "lost" $167 million. And the courts are starting to call them on it.

      I do agree that the extension of Copyright beyond all reason needs to change. Copyright was created for the good of the public. But the public does not benefit if the Copyright lasts 100 years or more!

    2. Re:Missing the point... by Artifakt · · Score: 5, Insightful

      1. The law needs to be built on facts: If there aren't some provable cases, how can the law impose punitive damages fairly? Remember, for the US, there's the cruel and unusual punishment angle - if there are no provable cases of piracy stifling creative expression, then one of the grounds for the law's severity is undermined, and so the argument that the law is unconstitutionally cruel gains weight.

      2. How can there possibly be works that were never made because of piracy without there also being works that were attempted and failed? Are you seriously claiming that every film that bombed at the box office for one reason or another somehow proves the producers have perfect judgement about avoiding the risks caused by piracy, so they never attempt to make the ones that fail from that cause? If the various Heaven's Gate's and Howard the Duck's don't prove that Hollywood, at least, can fail abysmally to evaluate risks rationally, then no wonder you're arguing against proof, because to you nothing what-so-ever can be proved. Admit that they sometimes get it wrong, and if piracy is one of the factors in any significant way, there will simply have to be the product that failed from piracy. Provably.

      With that said, a possible damage caused by piracy might well be works never created in the first place. If there are some provable cases where someone can demonstrate investors at least should have walked away because of piracy, then we can infer that piracy caused damage, either in the form of losses if they went ahead anyway, or your 'damage if the project was never made'. But claiming that piracy causes only the type of damage that, by you, can't be proved is also claiming that a bunch of big commercial content holders have perfect track records - obviously false to fact.

      --
      Who is John Cabal?
  19. Bilestoad for the apple II by tazan · · Score: 4, Informative

    That was the most famous one I can remember. It was excellent, everyone I knew had a copy of it. Turns out they only sold a few thousand copies and the programmer quit doing games.

  20. Wrong, incredibly tendentiously phrased, question by vague+disclaimer · · Score: 4, Interesting

    The correct question is "Have creative people ever lost out on proper rewards as a result of bootlegging?" The answer, of course, is "yes" and anyone who denies this has never tried to earn a living in a creative line of work. (There are absolutely legitimate questions about whether current IP is the correct response to this problem, but sensible debate requires that the right question is asked first, not an idiotically woolly one)

  21. Re:A good example, generally plenty more by Colonel+Korn · · Score: 4, Insightful

    To the readers of my comment: my point is that there's clear, reasonable evidence of the harms of piracy. But we're faced with a questioner who has an adversarial and unconvertible frame of mind.

    Okay, let's look at Crysis. You say that Crysis sold fewer copies than previous games "of its scope." You cherry pick one of the most successful games of all time, Doom 3, but the most direct comparison is the one previous game produced by Crytek: Far Cry. Far Cry sold 730,000 copies in its first 4 months (http://www.wiki4games.com/Far_Cry#cite_note-1).

    Crysis exceeded sales expectations according to EA, selling 1 million copies in its first 3.5 months (http://www.incrysis.com/index.php?option=com_content&task=view&id=612&Itemid=2), eliminating your argument. This came despite the fact that Crysis could barely run even on enthusiast PCs for a year after release, while Far Cry was released to a much larger audience of computers that could run it acceptably.

    We know that Crysis was a very popular target of pirates, and Crytek tells us that this is proof that their sales were hurt by piracy, but there's absolutely no evidence connecting the two. Of every 100 downloads, how many would have purchased the game if they hadn't pirated it? Of every 100 downloads, how many see the game, like it, and then buy it in order to play online or out of respect for the developers? People like you assume that the first number is vastly larger than the second, but there's never been any evidence to support that position. I suggest that it's just as likely that piracy increases game sales, and I believe that the automatic assumption that piracy is the scourge claimed by some within the industry is incredibly naive.

    --
    "I zero-index my hamsters" - Willtor (147206)
  22. We have the counter-example, though by Moraelin · · Score: 4, Interesting

    The fly in the ointment there is that the same kind and style of painting was judged to be teh suck when it was signed Han van Meegren, but praised as a masterpiece when signed Vermeer. You know, they don't make 'em like the old masters any more ;) And when revealed as forgeries, well, today again you get snobs and curators going "yeah, well, it couldn't have fooled _me_. I mean, you can see it's teh suck" in interviews.

    Let's face it, some of that old stuff only goes so well because of a perverse form of marketing. People are told that Vermeer or <insert 18'th century composer> are the great stuff and stuff that only properly cultivated people can properly appreciate, and you see the Emperor's New Clothes in action.

    How many would go for that stuff if they didn't know the piece and you told them it's composed by some intern working for Disney?

    And since you mention music from 60 years ago, you don't think those records may be hard to find only because people who grew up with them bought them? Frankly, it seems to me like most people's tastes end up fixed around a certain age. So you get 80 year olds still swearing that Frank Sinatra is the real music, and 60 year olds swearing by disco, and so on. And each generation thinks the music of the next one is crap and only bought by brainwashed idiots.

    In fact, even about the Jazz and Swing music of the likes of Glenn Miller -- just since you used that example -- some old fart back then decried it as the mindless crap kids listen to these days.

    Here's a funny thought though: the way people have complained about how everything about the next generation is worse for the last, oh, 2000-3000 years straight, if there were any truth to that, by now we've _all_ been listening only to crap, unlike the wholesome and good music that the likes of Socrates listened to.

    So here's my prediction: 60 years from now, you'll have old farts reminiscing about how these new bands kids listen to are all mindless crap, unlike the great music of Eminem, Backstreet Boys, Britney Spear and Lady Gaga that they grew up with. Those were the great musicians. Not because any is objectively better, but just because that's the point in time their tastes remained frozen.

    Don't get me wrong, I'm not a fan of either of those myself, but I also have no need to delude myself that there's something objectively better about the crap _I_ listen to, compared to the crap kids these days listen to.

    --
    A polar bear is a cartesian bear after a coordinate transform.
  23. Re:If the quality is good enough-but what if it is by Stormwatch · · Score: 4, Interesting
    Which reminds me of this:

    If Coca-Cola accidentally created 100 million cans of faulty Coke, you know for sure the entire 100 million cans would be dropped in the Atlantic or Pacific Ocean, without a second thought and irrespective of what that did to the year's profits. What do we do with a crappy movie? We double its advertising budget and hope for a big opening weekend. What have we done for the audience as they walk out of the cinema? We've alienated them. We've sold audiences a piece of junk; we just took twelve dollars away from a couple and we think we've done ourselves no long-term damage. -- David Puttnam, movie producer; GQ magazine, April 1987

  24. I think there's something to that by Anonymous Coward · · Score: 5, Insightful

    Back in my highschool and university days, I pirated a lot. Reason was money. I had little discretionary income so I'd take things where I could get it. However as I've gotten older and moved on to the working world, I've little need to pirate stuff. I simply buy it. It is faster and easier, plus I really do like doing the right thing.

    Few, if any, sales were lost to my piracy. I simply could not afford the things I was pirating.

    1. Re:I think there's something to that by Runaway1956 · · Score: 5, Interesting

      You missed GP's point. Today, he has money to waste on entertainment. He just PAYS FOR IT, because it really is faster, and easier. The pirate who wants to play Super Duper Mario Brothers Meet the Exterminator and Predator has to find a download, find a crack, apply the crack, etc ad nauseum. Then, he probably can't play the online version, which includes the "value added" appearance of Alien.

      Piracy is work, in case you hadn't noticed. People who are willing to spend no money, no time, and no effort to get their games/music/entertainment have to do without.

      I agree, companies need to fight piracy, but following a mindless nazi doctrine that all pirates are evil and should be exterminated is as stupid as stupid gets.

      Jim Baen, over at Baen Books came to understand that. He fought piracy by giving away books. http://www.baen.com/library/ Somewhere on their site, is a rather long discourse, in which Baen Books proves that every time they give away a book, especially an older, out of print book, not only does Baen realize a profit, but so does the author whose books was released for free.

      Wake up and smell the coffee. Cooperating with the pirates can be lucrative.

      Game producers could take a hint, and release a "pirated" version of their game, put it up on the torrent sites, sit back and allow the wider community to pay for distribution - then wait for a lot of pirates to come back and pay for the "value added" version that includes Alien.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
  25. The Bilestoad, Apple II, 1980s by jvbh · · Score: 5, Interesting

    Excerpt from an interview with the author, Marc Goodman at http://www.dadgum.com/halcyon/BOOK/GOODMAN.HTM

    The game seemed popular and received great reviews. Did it do well commercially?

    Nope. Datamost only sold around 5,000 copies of the game. I've gotten email from a lot of people and even met people who know and love the game and you know what? I've never met or talked to anyone who had an official copy.

    Pretty frequently I see the recurring threads on software piracy on various newsgroups. People really believe that there is no impact from their copying software. Well, there is an impact. I couldn't support myself by writing computer games, so "The Bilestoad" was the last game I did.

  26. I expect any real example will be naysayed, but... by seibai · · Score: 5, Interesting

    I used to work in the independent games industry. In 2004, I designed and wrote a little Action-Puzzle game titled Drop! (feel free to look it up on GameFaqs). We sold it in stores for $10, and online for $5, however, we got $.33 per retail copy sold (blame publishers) vs. $2.50 or so per online copy sold. We sold a few hundred thousand copies or so at retail across a 6 month period (#4 for sales for a couple months, but no one pays attention to jewel case games).

    Here's the trick: the online version had an online high-score system. You could play the online copy for free, but you didn't get access to the shared high-score system unless you bought it. We sold less than 100 copies online, but saw several hundred thousand unique IP addresses hit the high score system every day (and this kept up for years, not just people "trying out the high score system").

    For 6 months of work, I made about $30,000 on that (a couple other guys made similar amounts), which eventually didn't justify the effort - because people who want to play a game don't care about making it possible for the creators to keep making games.

    I work for Microsoft now :P

  27. Re:He sega dreamcast by PitaBred · · Score: 5, Interesting

    Bullshit. The Dreamcast was the last Sega console because of a number of missteps by the company, and because developers were scared of it turning into a SegaCD or 32x or Saturn, so didn't want to commit the resources to developing titles. It had nothing to do with piracy.

    http://www.associatedcontent.com/article/1572800/why_the_dreamcast_failed.html

  28. I can think of 2 reasons by Taco+Cowboy · · Score: 4, Interesting

    1. Shareholders.

    2. Scapegoating.

    Most of the big media/software companies the managements have to answer to the shareholders. If performance (earning) is down, they have to find a way to convince the shareholders that it's not them (the management) that is at fault, rather, it's something else (market, recession, piracy, etc).

    That comes to the second item, scapegoating.

    Piracy is a ready-made scapegoat for all the media/software companies. They have fine-tune the scapegoat campaign so much so that they can almost blame everything on piracy.

    Instead of raising the value on the products their produce (software / music / movie) thus offering more incentive for the consumer to pay for their products, they blame piracy if an album doesn't sell well, for example.

    Ask youself: How many of the singer / actor / movie / album / software on the shelf today are worth the price-tag?

    The song sux.

    The singing sux.

    The music sux.

    The acting sux.

    The story sux.

    Everything sux and yet they (the movie/music/software companies) expect us to pay and pay and pay through our nose for their wares.

    Enough of this.

    In my case, I haven't bought ONE SINGLE COPY OF MUSIC CD for the past 5 years. It's not that I do not like music, I do. But the music on the market, oh please !

    And I have NOT downloaded any music (pay or pirated) either. Turn on the radio and you know what I mean --- same old shit, repackaged.

    --
    Muchas Gracias, Señor Edward Snowden !