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The Futility of the Ongoing Piracy War

CowboyNeal writes: "It seems like the news on everyone's favorite most resilient BitTorrent site never ends, as we approach its ninth birthday in just a couple days. Google has even recently wiped TPB results from auto-complete searches. Last month Nick Bilton wrote a rather insightful piece in the NYT (also covered on Slashdot), about 'Why Internet Pirates Always Win.' Read on, as I examine not only why he's right, but how piracy could be further curbed already."

In Nick Bilton's article, he compares the battle of content owners versus pirates to a game of Whac-A-Mole, and concludes that "Sooner or later, the people who still believe they can hit the moles with their slow mallets might realize that their time would be better spent playing an entirely different game." Whether it's Apple's iTunes Music Store, or Valve's Steam gaming service, both retail services and the content providers that publish via those services, have been able to make some tidy profits off their content, even despite the presence of Megaupload, The Pirate Bay, Archie, Usenet, local dial-up BBSes, and any countless other number of ways that people have been pirating for years. Right now, the powers that be, the MPAA and the RIAA, are fighting the same losing war that has been fought for decades already. Indulge me for a moment, as I engage in CowboyNeal story time, and tell a nostalgic tale of a bygone era.

As a kid, I was lucky enough to have my own computer. While the idea of the Internet was long way off yet, those of us in the neighborhood did know everyone else in the neighborhood that owned a computer, because that was how we got software. It wasn't uncommon for any of us kids to throw a box of floppy disks into our backpacks and bike over to someone else's house to share software, so that we could get new games and other software. We didn't set out to do this to rob anyone, it was just how we got by. Growing up in the 1980s, my allowance was $1/week, which was low even by 1980s standards. The average price for a computer game was around $25 to $35 for a new release. Even while supplanting my allowance with whatever I earned from doing work around the neighborhood or picking up pop cans, it took a long time to save up for a game. So, I and most other kids did the only logical alternative: we pirated software. None of us even owned a modem yet in those days, but we all knew someone who knew someone who did, and eventually cracked games would make their way from the BBS scene into our hands, and give us new games without having to pay for them. What I should note here, before all of us kids look like greedy little thieves, is that when I did eventually save up my money, I would still inevitably spend it on the software that I wasn't able to get via pirating. I still remember saving up the money to purchase the original John Madden Football. It cost $32, and came with printed playbooks to help players choose their plays, and most relevant to this article, a decoder wheel which contained a plethora of codes, that needed to be entered before a game could start. It was essentially an early version of DRM, because while the decoder wheel wasn't immune to piracy, without either a photocopy of the innards of the wheel or the wheel itself, there would be no kickoff. While the rudimentary decoder-wheel-based DRM had been defeated, that cracked copy hadn't found its way to any of us in the neighborhood yet. This scenario could be repeated for any number of 8-bit computer games. So while still a pirate, I was still giving the computer software industry all of my money — what little there was of it.

Now, let's go back to the present, and address Nick Bilton's "different game." What the industry still hasn't realized after all these years is that there's not just pirates and legal purchasers. Even people who pirate the same piece of software may do so for vastly different reasons. A good share of them are like me as a kid, pirating because they simply cant afford to buy it legitimately. Then there's the anti-DRM crowd, who refuse to pay for anything that has any sort of DRM involved with it. There's also the "try-before-I-buy" folks who are willing to pay, but they're frugal with their money and don't want to buy something they'll regret later. Some people who pirate content do so simply because it's easier than paying for it. Last are the people who pirate just for the sake of pirating. This last group is the one that no law, no PR junket, and no DRM will ever stop. They will always "win," if winning means pirating. It's also key to understand that a single person can belong to one or more of these demographics, or invent their own reasons for whether they will pirate or not. Maybe someone pirates a game, then later decides he want to play it online or that he likes it and want to support it. Suddenly a pirate is now a paying customer.

Lode Runner came with 150 levels, but my pirated copy crashed after level 33. Eventually I bought my own copy so that I could see the rest of the game. Okay, honestly, I never saw all of Lode Runner, but I still got to play level 34 and onward. After a year of owning John Madden Football, Electronic Arts mailed me a disk with the next year's teams on it. They didn't continue that practice very long, and started releasing a new game ever year instead.

The industry can't ever truly win this war. The best they can hope for is to curb as much of it as they can. Services like iTMS and Steam are able to corral the people who just want easy access. Humble Indie Bundles and GOG.com work for people who want DRM-free games. But even these only address small pieces of the larger pie. As referenced in the NYT article, what about people who want to watch "Game of Thrones" without buying cable or some kind of DRM-laden copy of it? Piracy is their quickest, easiest path to watching it. While we've concluded that the industry won't ever win, until the industry overlords address their methods of content delivery and take into account why people pirate, they cant even hope to make a lasting impact against piracy.

162 of 232 comments (clear)

  1. What's interesting to me by __aaeihw9960 · · Score: 4, Insightful

    I've never actually thought about that before - that the MPAA and RIAA consider only two types of people - those that buy something because they want it, and those that pirate it because they don't want to pay for it.

    It's a false black-and-white that is, like most things, mostly made up of gray. This might be a dumb question, but have there been any "contact us" or any sort of "are you a pirate and why" surveys, that can be taken anonymously of course, put out by the content owners? If not, why not?

    1. Re:What's interesting to me by na1led · · Score: 1

      That's because media can't be controlled like everything else. For example: You can't travel to Europe for free, just to see if you're going to like it, but you might watch a new movie release without paying for it, simply because you can.

      --
      -- By all means let's be open-minded, but not so open-minded that our brains drop out.
    2. Re:What's interesting to me by Missing.Matter · · Score: 5, Insightful

      that the MPAA and RIAA consider only two types of people

      That's because they don't care *why.* All they care about is that they saw your IP in a bit torrent swarm, and now they can sue you for $150,000 according to the law. It doesn't matter if you intend to try and buy, or to backup a copy you bought legitimately, or to circumvent DRM. It doesn't matter if it was even you! It could have been a visitor, or a neighbor, or a hacker, or a spoofer. Doesn't matter to them. All they care about now it that they can subpoena your identity and send you an extortion letter, threatening to sue you for $150,000 if you don't give them $3000-$5000 (or I've seen as much as $10,000).

      And I mean, why should they care? Why would they ever care about turning you into a legitimate customer who purchases their goods for $30 - $60, when you can be a no good dirty pirate and they can shake you down for $3000? Piracy is much more profitable for them, thanks to our broken copyright legislation.

    3. Re:What's interesting to me by betterunixthanunix · · Score: 3, Interesting

      have there been any "contact us" or any sort of "are you a pirate and why" surveys, that can be taken anonymously of course, put out by the content owners? If not, why not?

      Such a survey would be an admission that, in fact, some amount of blame can be assigned to the entertainment companies for their own difficulty in getting more people to pay them. It would say that they need to actually compete with downloading, rather than just hijack law enforcement agencies and bog down courts with lawsuits. So I would not hold out any hope for such a survey.

      --
      Palm trees and 8
    4. Re:What's interesting to me by poetmatt · · Score: 4, Insightful

      The #1 thing they forget to address is: people who can't even pay them due to region locks, etc. Their own control and attempt at release windows prevents a variety of global customers from even giving them their money.

    5. Re:What's interesting to me by Raistlin77 · · Score: 3, Interesting

      ...For example: You can't travel to Europe for free, just to see if you're going to like it...

      Analogy fail. You absolutely can travel to Europe, or almost anywhere for that matter, for free .

    6. Re:What's interesting to me by cpu6502 · · Score: 4, Insightful

      >>>And I mean, why should they care?

      They'll care when I bust-down the door with a semiautomatic and start tearing them open with bullets. I don't understand why a guy like Jamie Thomas, who is being raped with a million dollar fine he will never be able to payoff, is just sitting idle. If I were Jamie I'd already be breaking into the RIAA offices. If you're gonna be punished with a life sentence paying a fine, might as well make it for something worthwhile (murder). "From time to time the Tree of Liberty must be watered with the blood of Patriots and Tyrants. Protest is its natural fertilizer." - Thomas Jefferson

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    7. Re:What's interesting to me by Cajun+Hell · · Score: 1

      But why settle for $3000 when they can get $3030? The DRM still cost them a sale, no matter how you slice it. The suing-people-for-profit part of the business has no reason to interfere with the traditional sales part. Something still doesn't add up.

      --
      "Believe me!" -- Donald Trump
    8. Re:What's interesting to me by tnk1 · · Score: 2

      They probably do know, but the reason they don't care is because they are trying to not muddy the waters with people's reasons. Most of those reasons also boil down to "I just want it for free", but the nuances are a pain in the ass the have to address. So, what they do is simply consider all piracy to be motivated by the same reasoning, usually the worst possible reasoning.

      They stay on message when the message is: "These pirates are stealing from content creators. Without the money that pirates are stealing from us, we cannot support our business. We need the money to employ people and make new games/music/whatever. Every pirated item is a sale lost, so that is equal to stealing. Pirates are stealing and all good people know that stealing is wrong. Pirates know they are stealing, which makes them criminals. There is no good excuse for stealing."

      Why address their distribution methods, or the DRM issues, or the quality of their games, or the fact that not every download is a lost sale, when they don't have to? They just tell you that it is stealing and there is no excuse for stealing. If they say it enough, people start parroting that line. Once they remove any nuances from the debate, they start acting as if copying a game is the same as losing thousands of dollars worth of sales.

      As someone else pointed out, they make more money on one pirate they sue than they would from that person if they were a legitimate buyer of games/tracks for their entire life. I'd wager the smarter of them are probably fine with the fact that they can't get them all. In fact, some of them probably have no interest in completely smashing piracy at all. They get free publicity and distribution of their games/music/movies to people who wouldn't have bothered paying for it, and then they make up for that by just finding someone to sue to make the money back that might possibly have been lost from some actual lost sales.

    9. Re:What's interesting to me by Missing.Matter · · Score: 2

      Let's say you sell a video game for $60. You don't put any DRM in it and 1000 people buy it. You make $60,000. Now let's say you put DRM in your video game, and 50% of the people who would have bought your game don't. Now you only make $30,000. But you set up a spy on bittorrent, and you record 30 addreses downloading your game, DRM free. You get a subpoena for those addresses and send settlement letters to those people for $3400. Let's say 30% of those people settle without a fight, netting you $60,000. You're breaking even with just 9 people settling with you.

      From the lawsuits though, we see that copyright holders are suing thousands of users and seeing a 25-35% settlement rate for multiple thousands of dollars each. So as the math works out, for a $60 game, settling with one alleged pirate (remember, it doesn't matter if you actually did the infringing, it could have been someone on your account, someone hacking, someone spoofing your IP etc.) compensates for losing 50+ sales.

    10. Re:What's interesting to me by Missing.Matter · · Score: 3, Insightful

      Yeah, I'm waiting for the day. They've targeted 300,000 people so far, and they hang over their head the potential that their life will be ruined if they don't pay up. It's only a matter of time before they go after someone who really has nothing left to lose, and their extortion attempt is the last straw.

    11. Re:What's interesting to me by RoknrolZombie · · Score: 1

      I'm sure there have been polls taken in various places, but I doubt any of them have been conducted by the MAFIAA. They don't view any piracy as legitimate and don't want to engage pirates in discussion since they feel that would legitimize the pirates. They have been very clear on their stance of piracy and aren't interested in compromise, unless all of the compromising is done by the pirates.

    12. Re:What's interesting to me by ultranova · · Score: 1

      They'll care when I bust-down the door with a semiautomatic and start tearing them open with bullets.

      No, they won't. After all, you'll only kill servants. The IP barons of the 1% sit safely behind their fortresses and simply have their PR people use the incident to push for tighter gun control for peons.

      "From time to time the Tree of Liberty must be watered with the blood of Patriots and Tyrants. Protest is its natural fertilizer." - Thomas Jefferson

      And just like Jefferson failed to end his own tyranny over his slaves, the people who quote him end up doing nothing effective, thus the tree stays a seed, living or dead is anyone's guess. That's the history of humanity in a nutshell. And there it shall remain.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    13. Re:What's interesting to me by BronsCon · · Score: 1

      Assuming that the only reason for piracy is unwillingness to pay (as the *AAs say), they're still ignoring a 3rd group; people who just don't care, don't buy, and don't pirate. They're lumping them in with the "lost sales" from piracy, to make the issue look worse than it actually is.

      That's not to say piracy-with-no-intent-to-purchase isn't a huge problem, but when you get caught inflating your statistics, people tend to stop paying as much attention to you. That's what the *AA's are really missing, here.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    14. Re:What's interesting to me by BronsCon · · Score: 1

      That's Jammie, with 2 "m"s, not Jamie.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    15. Re:What's interesting to me by BronsCon · · Score: 1

      Let's say 30% of those people settle without a fight, netting you $60,000. You're breaking even with just 9 people settling with you.

      No, you're not. The DRM wasn't free (even if you implement it yourself, yout time has value, right? and the validation servers aren't free).

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    16. Re:What's interesting to me by ashshy · · Score: 1

      Take that thought just a bit further to arrive at this even starker conclusion: The associations seem to assume that everyone wants every last little bit of their content -- it's just that some are willing to pay for it and others aren't.

      --
      #o#
      O Moo.
    17. Re:What's interesting to me by Missing.Matter · · Score: 1

      You're completely missing the point: some copyright owners can generate revenue in the tens of millions of dollars by settling with only a few thousand people, which is only a fraction of your customer base and only a fraction of those actually pirating. The numbers presented above are very very generous, in that you can lose 500 customers (50% of your customer base), and as long as you settle with only 9 of them who go on to pirate your game instead (1.8% of lost customers) you're breaking even on revenue. Yes, this whole discussion doesn't talk about profits, which a DRM scheme and a litigation scheme is going to eat into. But litigating settlements is lucrative (as evidenced by its continued existence) and a DRM server isn't going to change that equation.

    18. Re:What's interesting to me by BronsCon · · Score: 1

      No, you're missing the point. If you're killing 1.8% of your customer base in each iteration (and let's assume 0.2% walk away when you sue one of their friends), there are two ways things can end up.

      The first is that you settle with the same number of people (9, in your example) from an ever-shrinking pool of customers and pirates, with each iteration. After 50 iterations, there's nobody left to sue.

      The second is that you settle with 1.8% (and lose 0.2% as collateral damage) in each iteration. It'll take a few more than 50 iterations, but the end result is the same.

      In both scenarios, you end up with 0 customers and the money stops coming in. In your favor, both of those ignore that the last 20% of the iterations of the sceme are also not profitable.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    19. Re:What's interesting to me by Missing.Matter · · Score: 1

      No, you're missing the point. If you're killing 1.8% of your customer base in each iteration (and let's assume 0.2% walk away when you sue one of their friends), there are two ways things can end up.

      Nowhere did I imply that. You're losing 1.8% of your pirate base. Or not, it doesn't matter if they keep pirating or not. Copyright holders have found a way to monetize pirates which is far more appealing that actually keeping them as customers. As long as you make something people want, you will have customers and you will have pirates. This is proven by the sheer magnitude of shitty movies, games, and music that still goes on to sell to millions of people despite DRM lockdown and shitty content, and is also unabashedly pirated. You will never trail off to absolutely zero customers, and I'd love to see any evidence you have to back that up. I think you're extrapolating in a way you shouldn't be.

    20. Re:What's interesting to me by tnk1 · · Score: 1

      Sure, at one point, I imagine they were sincere in their fear. Maybe ten years ago. They probably spent a lot of money on all of that. Now? Well they now have a nice little racket that you could probably automate. These guys rarely sue, they send settlement letters. At this point, you grab a few thousand IPs from a tracker, run them by the ISPs you have already cowed into giving up names, take the resulting names and mail merge out a few thousand letters demanding settlement for a few K. You probably break even after a handful of settlements for the whole process. And then you repeat the process.

      If these guys sue anyone at this point, it's one or two that won't settle in order to make sure others know to settle. These guys know they can't win the war, but they know they can make some money on it. The "battle" at this point is being waged much like the "War on Drugs" is. There's a bunch of people who are in the copyright protection ecosystem and they like their jobs. So, they scaremonger a bit, and pull in some cash even if it ultimately doesn't matter in the long run either way.

      Does Hollywood or the music business really look imperiled at all? It's a farce and they know it. Sure, they might prefer to have complete control, but while they are working on that, they just sit back and collect settlement money.

    21. Re:What's interesting to me by cpu6502 · · Score: 1

      >>>Jefferson failed to end his own tyranny over his slaves

      Jefferson tried to free his slaves directly but the Bankers refused to let him continue that plan (they claimed the slaves belonged to them, not Thomas). Next he tried passing laws through the Virginia Legislature to emanicipate the slaves, as had happened in the northern legislatures, but none of his submitted bills received enough votes.

      He then tried a different tactic of outlawing the state religion, in hopes that abolitionist protestants would gain power & revoke slavery, but he still did not gain enough votes. His final act was to copy George Washington and free the slaves upon his death in 1826.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    22. Re:What's interesting to me by nurb432 · · Score: 1

      Id go further and to say the 2 people 'the ones we can force to buy' and 'the ones we need to sue to pay up'.

      --
      ---- Booth was a patriot ----
    23. Re:What's interesting to me by phantomfive · · Score: 1

      For one thing, Jammie Thomas is a girl. For another thing, shooting people with semi-automatics rarely ends well for the shooter.

      --
      "First they came for the slanderers and i said nothing."
    24. Re:What's interesting to me by Cajun+Hell · · Score: 1
      Let me re-order just a few of your sentences..

      Now let's say you put DRM in your video game, and 50% of the people who would have bought your game don't. Now you only make $30,000. But you set up a spy on bittorrent, and you record 30 addreses downloading your game, DRM free. You get a subpoena for those addresses and send settlement letters to those people for $3400. Let's say 30% of those people settle without a fight, netting you $60,000.

      Agreed.

      Let's say you sell a video game for $60. You don't put any DRM in it and 1000 people buy it. You make $60,000

      No, I say it's $90,000. In this case, you can also get a subpoena for 30 addresses and send settlement letters, with about 30% of the people paying $3400 each.

      That's what I meant by the suing division of the company not having to interfere with sales.

      --
      "Believe me!" -- Donald Trump
    25. Re:What's interesting to me by lister+king+of+smeg · · Score: 1

      because no-one like "Mega Explosions 12" they can point at piracy and claim they're the reason sales are down.

      You accidentally used the production title for michel bays latest movie.

      --
      ---Saying gnome 3 is better than windows 8 not so much a compliment as it is damning with light praise.
    26. Re:What's interesting to me by Shadowmist · · Score: 1

      Also the fact that most of the stuff they're producing these days is pretty rubbish, so instead of admitting that sales are down because no-one like "Mega Explosions 12" they can point at piracy and claim they're the reason sales are down.

      Then again if you're taking the trouble to pirate this stuff the claim that "it's all rubbish" rings rather hollow.

    27. Re:What's interesting to me by Shadowmist · · Score: 1

      His final act was to copy George Washington and free the slaves upon his death in 1826.

      Jefferson only manumitted two slaves, he allowed one other to leave without manumission, and five others were freed upon his death. Whether he was prevented from freeing others is under debate. He was however a big spender and rather addicted to international shopping so he did leave behind a lot of debt. The Presidency did not help matters either.

  2. The harder they try, the more they fail by na1led · · Score: 1

    The problem is that, the more you try to lock things down, the more new ideas are invented that spur new innovations, leading to more hacking. Bit_Torrent was invented because all the Warez Websites were getting shutdown.

    --
    -- By all means let's be open-minded, but not so open-minded that our brains drop out.
    1. Re:The harder they try, the more they fail by mark-t · · Score: 5, Informative

      Bit_Torrent was invented because all the Warez Websites were getting shutdown.

      Uh... no.

      Bittorrent was invented because its inventor correctly noted that given the essentially almost entirely serial nature of existing data communications, coupled with the fact that many upstream network paths are often saturated with other data that they are simply relaying, which limits serial throughput, simultaneously downloading different parts of the same content in parallel from different locations, and thereby using multiple network paths instead of only one, would complete faster than downloading it all from a single location.

      Pirates quickly glommed onto this concept, and applied the protocol to distributing unauthorized copies of works because it was, in fact, so much faster than simply downloading it from a single source via ftp or conventional http.

      Bittorrent was not invented for the purpose of piracy. Not remotely.

    2. Re:The harder they try, the more they fail by na1led · · Score: 1

      No, your wrong. The idea of breaking up files into multiple paths had already been invented before torrents. Tools like Edonkey or LimeWire could send files in pieces, but these services were getting shut down. If you have a central site where files can reside, they will go after that site. Bit_Torrent eliminated the need to centralize anything. All this was primarily designed to share files, legally or illegally.

      --
      -- By all means let's be open-minded, but not so open-minded that our brains drop out.
    3. Re:The harder they try, the more they fail by mark-t · · Score: 1
      Bittorent was designed to be decentralized from the ground up, true, but it was designed this way so for the express purpose that it could distribute the network load it created across multiple network routes, which would thus more efficiently transfer data, and would have the desirable upshot of both reducing the network load placed on any single content provider, while, in general, often increasing data throughput at the recipient's end.

      That, plain and simple, is what motivated the creation of Bittorrent. Not P2P file sharing. Get your history and facts right.

    4. Re:The harder they try, the more they fail by na1led · · Score: 1

      BS!. P2P File Sharing was the main reason for Bit Torrents. Everyone was tired of paying fees for services like RapidShare, or having their stuff deleted/banned. And places like LimeWire had been taken down or severely crippled. The fact that torrents distribute data more efficient was a just a side affect of the technology.

      --
      -- By all means let's be open-minded, but not so open-minded that our brains drop out.
  3. Eh, maybe... by Anonymous Coward · · Score: 1

    I don't imagine they're fooling themselves about stopping piracy, so much as maintain the appearance that there's a real (and somewhat severe) risk involved.

    And from their perspective, they recently got megaupload, demonoid, and one of TPB guys. They probably think they're doing a pretty good job.

    I fear for the private trackers. I imagine they're last on the list, due to limited membership and the relatively small impact it would have to get those folks, but that would hurt some otherwise savvy folks that kinda know what they're doing.

    1. Re:Eh, maybe... by cpu6502 · · Score: 1

      Speaking of PrateBay, where's that file mentioned in the article which holds all of their magnet torrents?

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    2. Re:Eh, maybe... by oldmac31310 · · Score: 1

      Ah, those prating knaves at PrateBay!

      --
      http://www.acetonestudio.com
    3. Re:Eh, maybe... by GameboyRMH · · Score: 1
      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
  4. Piracy by girlintraining · · Score: 4, Insightful

    Most piracy doesn't happen online. Most of it happens in physical trades with people; Head over for a LAN party, leave the 'download' drives connected so people can swap stuff. Someone expresses an interest in another's favorite TV series... out come the disposable flash drives. Everyone has a laptop these days -- visiting a friend's house is a common occurrance, as is file trading. More piracy happens on those channels than online. People still loan each other their DVDs and blurays too (and rip them).

    The analog hole will never be plugged, because it wears sneakers and goes through your fridge looking for a beer.

    --
    #fuckbeta #iamslashdot #dicemustdie
    1. Re:Piracy by jiteo · · Score: 4, Insightful

      I would really like to see a source for this. While I'm sure there's piracy happening offline, I find it very hard to believe that that's where the majority of piracy is happening.

    2. Re:Piracy by Ironhandx · · Score: 1

      Considering that at my house last weekend there were over 28 terabytes of transfers done between 9 people..... I'm going to say he's fairly accurate.

    3. Re:Piracy by jiteo · · Score: 5, Funny

      Information in DNA in sperm doesn't count.

    4. Re:Piracy by Missing.Matter · · Score: 2

      Peer to Peer accounts for 40% - 70% of all internet traffic (source). I'm pretty sure the vast majority of that isn't Linux downloads and WoW updates. Your 28 TB is a drop in the bucket.

    5. Re:Piracy by girlintraining · · Score: 1

      I would really like to see a source for this. While I'm sure there's piracy happening offline, I find it very hard to believe that that's where the majority of piracy is happening.

      It'll be the same source that tells you most people smoke pot in their houses, not in front of the police station. Comeon buddy, look around: People are scared. The internet is increasingly under surveillance and the news is full of people going to jail and getting hundred thousand dollar fines for file sharing. Drug dealers get off easier, and the average person has noticed this by now. That doesn't mean the behavior stops, it means the behavior moves to places not under surveillance. And since this is how file sharing worked before the internet, and given the high storage density of portable media (64GB can fit on the tip of my finger) -- what other conclusion can you reach?

      I'm sorry, but "citation needed" isn't a pancea; it can be trumped by "Common sense." Google it yourself if you're so inclined, but I'm not wasting time online to find a citation for the obvious for you.

      --
      #fuckbeta #iamslashdot #dicemustdie
    6. Re:Piracy by Hatta · · Score: 3, Interesting

      The analog hole will never be plugged

      Until secure boot is mandatory, and your OS refuses to play any file that hasn't been blessed by the MAFIAA. We're heading to a post general purpose computing world, where common computers are appliances which heavily restrict what one can do with them.

      --
      Give me Classic Slashdot or give me death!
    7. Re:Piracy by euxneks · · Score: 1

      The analog hole will never be plugged, because it wears sneakers and goes through your fridge looking for a beer.

      Queue the sexual innuendo and/or constipation jokes...

      --
      in girum imus nocte et consumimur igni
    8. Re:Piracy by cpu6502 · · Score: 1

      >>>>>28 terabytes of transfers done between 9 people
      >>
      >>Information in DNA in sperm doesn't count.

      For most /.'ers including data transferred by DNA would still leave just 28 terabytes.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    9. Re:Piracy by buchner.johannes · · Score: 1

      Most piracy doesn't happen online. Most of it happens in physical trades with people; Head over for a LAN party, leave the 'download' drives connected so people can swap stuff. Someone expresses an interest in another's favorite TV series... out come the disposable flash drives. Everyone has a laptop these days -- visiting a friend's house is a common occurrance, as is file trading. More piracy happens on those channels than online. People still loan each other their DVDs and blurays too (and rip them).

      The analog hole will never be plugged, because it wears sneakers and goes through your fridge looking for a beer.

      This is not even illegal in many European countries (is it in the US?). It goes under fair use to share stuff with friends / family -- this was also true for tapes, CDs, etc. It's a whole different story if you make money from it, and if you do it with random people on large scales.

      --
      NB: The message above might reflect my opinion right now, but not necessarily tomorrow or next year.
    10. Re:Piracy by BronsCon · · Score: 2

      There are a lot of drops and the bucket is of finite size. Think of it as more of a heavy downpour than a drizzle; a torrent, if you will.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    11. Re:Piracy by TeknoHog · · Score: 1

      Threads like this is why I read /. (which, a friend of mine once noted, can be seen as a rather phallic symbol).

      http://everything2.org/?node=penises+have+higher+bandwidth+than+cable+modems

      --
      Escher was the first MC and Giger invented the HR department.
    12. Re:Piracy by ukoda · · Score: 1

      Unless you make secure boot a legal requirement it will not be widely adopted outside the USA. A good example is region locked DVD players. They are difficult to find outside the USA because customers will not buy them.

      I can't see how you can make secure boot a legal requirement either. How do you define what it covers? Any computer with a display? My washing machine has graphical display, would it require secure boot in future? I recently used an AVR ATtiny13 to set the brightness of an LED strip because the customer dosn't know how bright it should be yet, but production need to start already to meet shipping dates. The LED strip is lighting a block of plastic that displays information, so would the ATtiny13 need secure boot added to it?

    13. Re:Piracy by hobarrera · · Score: 1

      I think what you mean is that sharing games is considered fair use, but I'm pretty sure that making several copies of a game and distributing it to your friends isn't fair use at all.

  5. It's been said a thousands times before... by Anonymous Coward · · Score: 5, Insightful

    People that pirate:

    1. Don't ever intend to buy the software. Even if you gave them $1000 bucks they wouldn't bother buying Photoshop CS Infinite edition.
    2. Often just want to hoard the software, or get it for their broke friends. "Cool look what I have!"
    3. The numbers of people that pirate are based on shoddy statistics that are designed to inflate the problem.
    4. I've yet to read a study that shows that people with the absence of pirating sites will convert to actual customers.
    5. Ironically some people that pirate may in the long run buy the software anyway. This goes against #1, but "in the long run" means years later when they have money.

    1. Re:It's been said a thousands times before... by na1led · · Score: 1

      Not entirely true. How many paying customers do you think Diablo 3 or WoW would have if people could hack it for free?

      --
      -- By all means let's be open-minded, but not so open-minded that our brains drop out.
    2. Re:It's been said a thousands times before... by six025 · · Score: 2

      4. I've yet to read a study that shows that people with the absence of pirating sites will convert to actual customers

      In fact this scenario was described in TFS (summary) ;-)

      I have only anecdotal evidence to back this up, but yes some people do pay for software if they cannot find a working crack. This has been proven to me by interacting with one such customer of the company I work for while providing remote software support.

      We do employ a relatively unobtrusive copy protection method for our demo software, and watermarking for licensed copies. Every few months when the copy protection of the cracked demo version kicks in we see a spike in the number of support forum posts asking why projects fail to recall correctly, and a corresponding small increase in sales of the software.

      Peace,
      Andy.

    3. Re:It's been said a thousands times before... by harl · · Score: 1

      Number 2 is a major factor. One of the largest I think.

      Every baby pirate goes through a phase where they download everything they can because well they can.

      Even after that phase wears off so many things are downloaded that never get unpacked. Since the opportunity cost is almost zero why not down load something that you think you might maybe like. There's no downside to downloading it and never touching it.

      --
      I find being offended by me offensive.
    4. Re:It's been said a thousands times before... by ravenshrike · · Score: 1

      Considering that the vast majority of the sales were within the first week for D3 and over the past months the people playing has dropped precipitously because it's loot structure is crap for an ARPG what with the RMAH, I'm going with not nearly as many as you think.

    5. Re:It's been said a thousands times before... by hobarrera · · Score: 1

      Well, look at how many sales Diablo II, or StarCraft made, and they were easy as hell to crack.

    6. Re:It's been said a thousands times before... by UnknownSoldier · · Score: 1

      You missed case 6.

      6. Pirate because the software is no longer available for sale. (and the company is trying to hawk their "new" improved version when the old version does everything you need.) Commercial software sucks in this regard; at least with open-source, sure the old version may no longer be supported but at least you can legally download and use it.
      i.e. WinXP, TrueSpace, Vivacity, etc.

      http://en.wikipedia.org/wiki/TrueSpace
      http://www.topazlabs.com/vivacity/

  6. Nostalgia by TheMathemagician · · Score: 1

    Ah this took me back to pirating ZX Spectrum games at school in the 1980s. We bought software too, lots of it, but shared it out amongst ourselves. A utility called "The Key" was able to copy games initially but then the makers got smarter and started customising their loaders, but by then, armed with my "Complete ZX Spectrum ROM Disassembly" I was still able to stay ahead of the curve. We also defeated the lightly coloured code sheets of tiny symbols by a simple divide-and-conquer strategy. Cutting the codesheet into multiple pieces, copying them out by hand, then photocopying them on the school photocopier (at a perfectly reasonable 5p/sheet).

  7. Sci Fi by carrier+lost · · Score: 2

    ...the people who still believe they can hit the moles with their slow mallets might realize that their time would be better spent playing an entirely different game.

    A fictional account of "an entirely different game"

  8. The solution is obvious: Privateers by WillAffleckUW · · Score: 1, Offtopic

    If we just arm other pirates with Letters of Trademarque that show they work for the King or Queen, I'm sure we can solve this once and for all.

    After all, it's not like large impersonal corporations which care nothing about human rights are monetizing works of arts from actual Persons who are not corporations, for their own personal aggrandizement.

    I claim First Postal Watermarque!

    --
    -- Tigger warning: This post may contain tiggers! --
  9. Content owners love piracy by Missing.Matter · · Score: 4, Insightful

    The premise of the article is that content owners want to stop piracy. This, I would argue, is not always correct, as US copyright law allows some copyright holders to collect more money from content infringers than they would ever make from legitimately selling their product without any copyright infringement. Take a look at the RIAA and the porn industry. The porn industry alone has sued over 300,000 individuals for downloading porn over bittorrent, and has sued each for $150,000. They settle about 30%-50% of the cases for an average of $3,400. That's $300 - $500 million from suing infringers. How much do you think they make selling copies of their films at $30 a pop, or a subscription to a website for $15 a month? The RIAA just got a judgement for $200,000 reaffirmed, and you can bet they're going to hold that over the head of anyone they send a settlement offer to. Don't want to pay $200,000 like this lady? Settle now for the low low price of $5000, more than you'll spend in you're entire life on legitimately purchased CDs.

    Seriously, this is just the beginning. The music industry is stepping back in the game after years of dormancy, following the road the porn industry has paved with their nation-wide network of copyright litigation.

    Oh, and I forgot the best part: by their own estimate, at least 30% of the people they sue are not actual infringers. But they'll be glad to take your ass to court for $150,000 per infringement and potentially ruin your life based on shoddy, untested, unverified, unregulated, unlicensed "forensic" IP evidence.

    So no, this is not about "The industry winning and stopping copyright infringement." This is about their ability to monetize infringement through the judicial system.

    1. Re:Content owners love piracy by Anonymous Coward · · Score: 3, Informative

      Your post is a good summary, but there are a few things I'd like to clarify.

      The bittorrent infringers have not been sued for $150k each. In fact, some of the copyright trolls have NOT SERVED A SINGLE John Doe despite filing 50+ lawsuits. These suits are filed against tens or hundeds - sometimes more than a thousand - Doe defendants. Once the DOE identify is known, settlement demands are made for $2k to $5k depending on the specific circumstances; $3400 is an oft-cited number because Prenda Law, one of the WORST copyright trolls, typically offers settlements for that amount. The settlement demands are RARELY followed with litigation, and when they litigate, they often fail miserably. In fact, many defendants file counter-claims and some have won settlements against the trolls. They have weak evidence, if any, and don't want their evidence gathering methods subject to discovery.

      They have thousands of names to chose from and have served a tiny, tiny percentage of the named defendants. Your chances of being served are a tiny fraction of a percent, even if you're named. If you receive a letter regarding Bittorrent infringement, DO NOT SETTLE. This nothing but an EXTORTION scheme and fortunately judges are catching on to it quickly. One of the worst trolls was just sanctioned by a judge in Florida and the bar is giving him a good dressing down as we speak.

         

    2. Re:Content owners love piracy by Missing.Matter · · Score: 3, Insightful

      The bittorrent infringers have not been sued for $150k each.

      True, but that doesn't really matter. It's the mere fact that they could be sued for that much is enough to make settling for $3,400 seem reasonable. That and attorney's fees + time of fighting a lawsuit. But if the law were sane, and you could only sue an infringer for say treble damages, copyright holders would only be able to sue for $100 at most. Of course, their side of the argument is going to be "Actual damages are incalculable because the file sharer influenced not only one sale but every other share in the future forever," which in my opinion is complete bullshit.

    3. Re:Content owners love piracy by Capt.DrumkenBum · · Score: 1

      Don't want to pay $200,000 like this lady? Settle now for the low low price of $5000

      I have often wondered if they created theses cases as examples.
      Here is how it could work:
      Hire someone to get sued.
      Have then put up a terrible defense, ignore good advise. Do anything to lose, and lose big.
      Get a huge settlement.

      Use the settlement, as an example to get others to settle. (AKA: Profit)

      Sorry if I got any terminology wrong, IANAL (Obviously).

      --
      If I were God, wouldn't I protect my churches from acts of me?
    4. Re:Content owners love piracy by Urza9814 · · Score: 1

      They'll say that the 0.05% that you uploaded was then re-uploaded 1,000,000 times by the people you uploaded to, therefore you're responsible for 50,000%.

  10. Original content, not dubbed by morcego · · Score: 1

    I pay for cable, and even then still download most of my shows. Why ? I want the original content. I don't want the translated content, dubbed by people who can't express emotions with their voices if their lives depended on it. Yes, I understand that most people can barely speak 1 language, let alone that of another country, so they need dubbed content. And they are too slow to read subtitles, which are an acceptable alternative as far as I'm concerned. But my cable (well, satellite, really) provider technology offers alternative audio tracks and off band subtitles, so in theory one could turn them on or off. But, so far, that only happens consistently in 1 (ONE!) channel of my 80+ channels package.

    So yeah, I pay for cable, but will still download it, and I feel perfectly fine about it.

    --
    morcego
    1. Re:Original content, not dubbed by cpu6502 · · Score: 1

      I guess you mean anime dubs. After watching the english versions on TV I've tried watching the original Japanese and guess what? I don't find them to be any better. Sometimes worse. (Example: The Japanese version of FF10's Tidus sounds completely wrong for a scrawny guy like the character.)

      And good point about the dual audio. Digital TV was supposed to be better than Analog because of the picture, but also the ability to send multiple languages. Unfortunately the feature is almost-never used. For example Telemundo is supposed to broadcast both english & spanish audio, but every local station I've watched strips the english. Stupido.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    2. Re:Original content, not dubbed by sjames · · Score: 2

      An interesting (to me anyway) legal question there is why is there such a difference? If a show comes on cable and I record it, that's perfectly legal. If my power blinks and I miss the 1st 5 minutes, I might download the torrent and suddenly it's many thousands in liability? Even if the show will re-run next week and I just didn't want to wait? How can that be just?

    3. Re:Original content, not dubbed by morcego · · Score: 1

      Actually, no. I mean regular TV shows. You see, I live in Brazil, so they will get someone who they will pay like $500 to dub a performance by an actor how is getting payed $250000.

      Back in the 80s, before we had cable here in Brazil, everything was pretty much dubbed. But it was much less content, and mostly broadcast by the main TV station (Globo). So we would get the good Brazilian actors dubbing, and even if it was weird (I don't enjoy translations, ever), it was very much watchable. These days ? Ugh.

      --
      morcego
    4. Re:Original content, not dubbed by porges · · Score: 1

      Interestingly, this is one of the few places where the industry has responded to consumer demand in a reasonable way: that's exactly what cable systems' On Demand services are good for, catching up with a current cable show you just barely missed. Typically you'll have to wait until "the next day", meaning midnight -- but note that HBO Go, for instance, puts shows up the minute the broadcast slot is over (GOT goes up at 10 after a 9:00 broadcast).

      (Substitute over-the-air for cable and your point is valid, but I thought I'd give props to the cable industry where it's due.)

    5. Re:Original content, not dubbed by hobarrera · · Score: 1

      Actually, I'm guessing he lives in a non-US country. I live in Argentina and we tend to have that issue; a lot of programs are dubbed to spanish - just as badly as anime is dubbed in english.
      Another huge downside, is that a lot of series have about 6 months lag with USA, and UK series have around a year. If they ever reach TV here. So I can:
      a) Pirate the series from tpb, watch it as it comes out and understand jokes and references to in everywere.
      b) Pay a fortune on Cablt-TV, wait 6-12 months for the series to get here. If it never reaches TV in argentina, then pirate it.

      Most BBC shows don't make it here, I wouldn't mind paying $5 for each episode, but the fact is, I can't. I don't think the BBC would sue me though, since they can't claim any losses anyway.

  11. Classic BBS nostalgia by Anonymous Coward · · Score: 1

    BBSs where you knew the house that hosted the board. Online with a sneakernet accelerator.

  12. who leaks the content weeks before release? by alen · · Score: 1

    you can get blu ray rips of movies weeks before blu ray street date. it's not 16 year old teenie ninjas breaking into high security factories stealing this stuff to post it on BT. the content owners "leak" their content. or they don't put enough protection into the system to ensure that it doesn't leak

    1. Re:who leaks the content weeks before release? by na1led · · Score: 1

      No. These movies are released to retailers and other places weeks before they are allowed to sell them. All it takes is 1 employee to sneak the video online.

      --
      -- By all means let's be open-minded, but not so open-minded that our brains drop out.
    2. Re:who leaks the content weeks before release? by cdrudge · · Score: 1

      The distribution channel is the one that leaks it. Believe it or not, the DVDs and BluRays aren't pressed the night before they are launched. In a past life I worked at Blockbuster. At the time we were still entirely VHS tapes. We would receive a shipment of movies either for rental or for purchase in some cases a month or two before they were to be released. Often it was 1-2 weeks prior.

      All those movies that we received came from some distribution center. And those came from a distributor. And those from whoever did the actual transfer to tape from some source material the studio gave them. Tapes have been essentially dead a long time but it's even easier for a extra copy to slip out the door at any step of the process.

  13. Re:Next in the series: by jedidiah · · Score: 2

    Sure...

    Copying stuff is the same as taking physical things and shooting people in the process.

    Can we shoot you the next time you speed or jaywalk? We would only be applying your own standards to you.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  14. You forgot a type of pirate... by LinuxGrrl · · Score: 5, Interesting

    ... The type who really would buy the content but it simply isn't available for purchase on any media in their territory, and probably won't be for a long time.

    It's tough being a My Little Pony fan in the UK. :-) A more common example would be the Game Of Thrones example already best explained by the Oatmeal comic.

    1. Re:You forgot a type of pirate... by Windwraith · · Score: 1

      I live just below you and I have the same problem. There's no way to get some MLPFiM DVD set that I can purchase in my area. And even so, I'd like the original voices instead of the HORRIBLE local dubs, our local translation is shamefully amateur and the voices make my ears bleed. I resort to piracy which is also the only way to hear the original voices, which are great.
      (Srsly they made Pinkie sound like a 50-60yo lady here, it's sooo wrong)

    2. Re:You forgot a type of pirate... by TeknoHog · · Score: 1

      You live just below LinuxGrrl? Lucky bastard.

      --
      Escher was the first MC and Giger invented the HR department.
    3. Re:You forgot a type of pirate... by Endo13 · · Score: 1

      Obvious troll is obvious.

      --
      There is no -1 Disagree mod. Slashdot.org/faq defines mod options. USE IT.
  15. Re:What about the Malware War? by jedidiah · · Score: 1

    Cowards must be the masters of really retarded analogies.

    Securing a "thing", any "thing", regardless of what that thing is is a far more finite problem than trying to capture the air. That's basically what any anti-piracy effort is attempting. You're trying to control the actions of EVERYONE rather than just focusing your effort in a single place (like a liquor store).

    You're burning down your neighbors house to fight spam.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  16. Try before the buy by cpu6502 · · Score: 3, Insightful

    >>> There's also the "try-before-I-buy" folks who are willing to pay, but they're frugal with their money and don't want to buy something they'll regret later.

    Hello.
    There's also the group that thinks this is wrong, and have no objection to manufacturers refusing to take back crappy CD or DVD purchases. I don't like that group. (Even lowly candybar makers offer a return policy if the customer is dissatisfied.)

    --
    My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
  17. Google doesn't give back TPB? by Jack9 · · Score: 1

    Who still uses TPB? I mean it's been a horrible resource as far back as I can remember. There's 5 different torrent sites that Google does return (since I've seen the results regularly) which are superior. Magnet links alone simplify locating torrents.

    --

    Often wrong but never in doubt.
    I am Jack9.
    Everyone knows me.
    1. Re:Google doesn't give back TPB? by Urza9814 · · Score: 1

      Magnet links alone simplify locating torrents.

      TPB hasn't provided anything other than Magnet links in a LOOONG time (well, OK, some torrents provide the .torrent file alongside the magnet link, but that's pretty rare)

      I personally haven't found a better source that isn't invite-only...

    2. Re:Google doesn't give back TPB? by Jack9 · · Score: 1

      > I personally haven't found a better source that isn't invite-only...

      After the first year or 2 of operation, TPBs indexes have been incomplete and untimely. Search for a release (category.12.08.14.description.torrent) from today and you get the standard players. If you can't take the time to figure out how to get the name of a new 0-day torrent, you have probably just threw a dart at a board instead of doing research. For your convenience....

      kat.ph, extratorrent.com, torrentz.eu, isohunt.com, h33t.com, the list goes on and on, in descending quality (for values of less fake links, more reliable seeder information, and better community reporting on torrents).

      --

      Often wrong but never in doubt.
      I am Jack9.
      Everyone knows me.
  18. Personal Computers by betterunixthanunix · · Score: 1

    The idea that we can just hack out new innovations is predicated on the existence of PCs and the Internet. Neither PCs nor the Internet are a given, and in fact, powerful people are working harder than ever to kill PCs and kill the Internet -- not just the MPAA, but also companies like Apple and Microsoft, the companies that were made possible by PCs.

    If your computer would only run pre-approved software, downloading your entertainment would be substantially harder. Yes, people will find jailbreaks, but without a PC to work with, even that becomes harder.

    The only disruptive technology relevant to this discussion is the PC.

    --
    Palm trees and 8
    1. Re:Personal Computers by na1led · · Score: 1

      You never used BBS's back in the day.

      --
      -- By all means let's be open-minded, but not so open-minded that our brains drop out.
  19. wrong by buddyglass · · Score: 1

    He frames the definition of "win" incorrectly. If "win" means "possible to get media for free in some capacity" then yes, the pirates will always "win". But I'd argue a better definition is "easy for a non-technical person to conveniently access high-quality copyrighted media free of charge with no legal risk." If we use that definition then I don't think it's a given that the pirates will always win. Enforcement efforts have the potential to make it less easy (harder to find sites, sites frequently disappear, degraded throughput due to overuse, blocks that require technical knowledge to work around, garbage content masquerading as the real thing, etc.), more expensive (pay-per-byte price structures for network access) and more risky (draconian punishments, forcing ISPs to police activity and/or store data, etc.) Taken together these three may be enough to motivate many "casual" pirates to go legit. Will it make everybody do that? Certainly not. But it might make enough do it that the studios see it as a worthwhile investment to lobby for these types of policies.

  20. Re:Good insight, but not new information by Joce640k · · Score: 2

    I love the article, but you didn't tell me anything we as an industry don't already know.

    I guess you skipped the important part. Again.

    Of course people want cheaper media and easy delivery. Tell us how to do it and still satisfy both users and investors.

    Cheaper media? You've got a one-off production cost then zero distribution/duplication costs. The main problem with people like you have is not seeing the zero.

    Easy delivery? Your customers are connected to the network. If it's difficult for them it's your own fault.

    I guess you closed your eyes when you got to the part about Steam and iTunes. They both addressed these two points and they're both making money hand-over-fist.

    There's a whole series of articles here (click around and follow the embedded links to find the others).

    --
    No sig today...
  21. The industry can't ever truly win this war by mapkinase · · Score: 1

    >The industry can't ever truly win this war

    That's never the purpose of law enforcement. Purpose of law enforcement is to minimize to a reasonable level.

    --
    I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
    1. Re:The industry can't ever truly win this war by betterunixthanunix · · Score: 3, Insightful

      That's never the purpose of law enforcement. Purpose of law enforcement is to minimize to a reasonable level.

      No, the purpose of law, and by extension law enforcement, is to improve society. Lifelong copyrights have not improved our society, and in fact, the current system protects entertainers who have given up on even trying to be original -- they keep making bad-to-mediocre remakes of old movies and condensing great stories into awful movies. Music is the same formula applied until people are sick of it. Video game makers attack our computers. Why are we enforcing laws that protect these people?

      --
      Palm trees and 8
    2. Re:The industry can't ever truly win this war by poity · · Score: 1

      improve society

      Minimizing crime to a reasonable level IS improving society. So your comment on that is not a rebuttal, but a banal restatement.

      lifelong copyrights

      I don't know why this is even part of the conversation. If you go on TPB or any other torrent site, you will be hard pressed to find anyone seeking old material whose only protection is lifelong copyright. The majority of copyright infringement is on the latest releases, so your argument against lifelong copyright, while sensible and appropriate in a general discussion on copyright law, is not relevant in the case of media piracy.

      they keep making bad movies

      I can understand how that can be a valid reason for people who pirate in order to "try before you buy," but in no way is that a valid reason for the multitude of other excuses.

      --
      your thin skin doesn't make me a troll
    3. Re:The industry can't ever truly win this war by betterunixthanunix · · Score: 1

      Minimizing crime to a reasonable level IS improving society

      That depends on the definition of the word "crime." Society is benefited when murder rates are kept low by law enforcement; society is not benefited in any way when college students are bankrupted for downloading their music.

      Let's put it this way: it was once a crime for two men to dance together in the state of New York. How was society benefited by the enforcement of that law? I would argue that copyright law, in the age of widespread PC and Internet availability, is equally worthless and counterproductive.

      If you go on TPB or any other torrent site, you will be hard pressed to find anyone seeking old material whose only protection is lifelong copyright

      https://thepiratebay.se/torrent/5079924/The_Beatles_-_Greatest_Hits_%5BRemastered_2009_MP3%5D%5BBubanee%5D

      That took less than a minute to find.

      As for the point about the entertainment industry routinely pumping out worthless remakes and following the same formula over and over, it has nothing to do with "try before you buy." The purpose of copyrights is to promote the progress of science and useful arts. One can hardly say that we are promoting the progress of any sort of art by protecting an entertainment industry that is hard-pressed to develop an original idea. Aside from the woefully outdated notion of copyright law (and don't think that Hollywood is unaware of how hopelessly out of date copyright is -- why do you think they push so hard for DRM, when they already have the law on their side?), there is the simple question of whether or not copyrights are actually doing what they are supposed to be doing (not that our politicians even remember what that is, despite having sworn to uphold the constitution which explicitly states the purpose of copyright).

      --
      Palm trees and 8
    4. Re:The industry can't ever truly win this war by poity · · Score: 1

      If you read OP's post, he says that eradication of crime was not the goal, but rather management of crime levels. This, in the context of our present article, means he obviously believes that eradication of piracy is not the goal of IP holders -- as is presume by many in these comments, but rather management of piracy levels. You responded to him in a oblique manner that sidestepped his point entirely.

      On the issue of life long copyright, and its relevance to our discussion, I still stand by my initial post. 1.2k seeders and only 63 leechers are not going to be on anyone's radar when the greater context consists of https://thepiratebay.se/top/200 and https://thepiratebay.se/top/400
      Being against exceedingly long copyright terms and being against copyright infringement are two separate positions. One can be for both, against both, or a combination of the two. What one cannot do is to conflate the two into a single argument.

      --
      your thin skin doesn't make me a troll
    5. Re:The industry can't ever truly win this war by poity · · Score: 1

      I meant to say "Being against exceedingly long copyright terms and being against copyright itself are two separate positions."

      --
      your thin skin doesn't make me a troll
    6. Re:The industry can't ever truly win this war by Dan667 · · Score: 1

      if they wanted money they would move to a model like Valve. I am surprised shareholders have not gotten angry at them mismanaging resources on Customers that are never going to buy and not making the money they could.

  22. Artificial Scarcity by iceaxe · · Score: 2

    This is what happens when you have a large industry selling a product that has no measurable value. In the heyday of the recording industry, the companies manufacturing vinyl discs provided both a valuable physical product and the means of distribution. Same with moving pictures. Technology has now eliminated the value of both the physical medium and correspondingly the distribution of said medium. It will take time for the entrenched industry to fully adapt or die.

    Commercial software had the problem of artificial scarcity almost from its beginning.

    There is still all of the original value of the artistry and engineering to create the works of art and technology. However, monetizing the distribution of that valuable work may not always be as profitable as monopolizing distribution was in the past. So it goes.

    Live music performance, the pleasure of viewing a film on a giant screen with great sound and comfort and that bathtub of popcorn, and similar experience based value are still worth paying for, for many people.

    It's been interesting, watching this change over my lifetime. I expect many interesting twists and turns in the future, too.

    --
    WALSTIB!
    1. Re:Artificial Scarcity by cdrguru · · Score: 1

      The real scarcity is that of the creator's time and creativity whether it is music, movies or software. The problem is that once that first copy is made the rest are easy.

      The idea of pricing it assuming millions will be sold worked before everyone got the idea that they should be able to have it for free because copy number 2 was cheap to make. This would work in a patronage environment where some rich old white male instructed people what to make and paid them to get it the way he wanted it - and then let everyone else have it for free. That's how it worked 400 years ago and it could work again - assuming everyone was OK with whatever the rich old white guy wanted. Because nobody would be paying for music he didn't like. And making a movie he didn't like could result in someone being put in the stocks for a while.

      Yup, that is how it used to work. Do we want to go there again? Compare the innovation in music between 1500 and 1800 and the innovation in music from 1900 to 2000 sometime if you are interested. That is the difference between patronage and mass marketing.

      I don't see any "artifical scarcity" at all. I see an attempt to misrepresent this scarcity to the masses and them lapping it up.

  23. The "pirates" win in the end by virb67 · · Score: 1

    Anything from which infinite copies can be made, instantly, and basically for free by anyone has no monetary value. The "pirates" realize this and are paying fair market value, which is zilch. The only way to convince them otherwise is with the threat of violence.

  24. Creativity is becoming illegal by jd659 · · Score: 4, Insightful

    The humanity evolved and developed because we shared knowledge. Initially it was "you have a fire, let me borrow it", or "you figured how to make something better, let me take it and improve upon it". Until recently, the act of sharing was considered to be something good: "I enjoyed this book, please have it", "you need to move your lawn, feel free to borrow my mover". That has started to changed after large corporations started guarding their profits and came up with a loophole that essentially removes any ownership from the people. We don't own books, we only lease them; we cannot play music as we wish, improve on it or reproduce it without obliging to some stiff laws that came into play just recently to serve the interests of large corporations. Now the free thinkers who take an existing idea and make it better are being vilified. In fact, many things (and more are appearing) cannot even be taken apart without breaking some laws, they cannot be resold, they cannot be used creatively for something else. The fact that the piracy will not be defeated will be a minor point compared to majority embracing the notion that "doing something creative is bad and illegal, let's not do it."

    --
    There's no such thing as "illegal download"
    1. Re:Creativity is becoming illegal by cpghost · · Score: 2

      In fact, many things (and more are appearing) cannot even be taken apart without breaking some laws (...)

      So what? Just because some sordid law forbids something doesn't mean it can't and shouldn't be done! Just look at all the laws that the Catholic Church imposed on Europe in the Dark Middle Ages. Do they still exist today? No. Why not? Because Enlightenment happened, and people started thinking: "That's a silly law. Let's ignore it." In a couple of decades, our children and their children will look back at our time, and will laugh about the Great Copyright Prohibition and will wonder how much time it took to get rid of it.

      --
      cpghost at Cordula's Web.
    2. Re:Creativity is becoming illegal by cdrguru · · Score: 1

      I like your ideas. I suggest the following to implement them on a wider basis:

      1. Eliminate all corporations and anything larger than a five-employee partership. If it can't be done by five people and some robots, it doesn't need doing.
      2. Eliminate all forms of currency and any sort of "money". If you can't get by with barter, forget it. Money was a mistake when it was invented thousands of years ago and it is time to fix that mistake.
      3. From step 1 a lot of people will have time on their hands for a while - but as a further part of step 1 most farm equipment will no longer be manufactured as it was made by greedy companies with large patent portfolios. So we will have plenty of people for seeding, weeding and harvesting. And they can be paid with what they harvest. Simple.
      4. There will be no time for making movies and music will return to being a local phenomonen with people traveling around and playing music for food and shelter. Barter again, which is good.

      I think there might be some holes in this, but it would at least lead to a simpler and healthy lifestyle for everyone. At least the ones left after the food riots and re-orientation that would be necessary. It is doubtful that a strong federal government would be needed any longer as well.

      You realize when sharing became obsolete it was because I wasn't sharing with my neighbor or close friend but the rest of the planet, right?

    3. Re:Creativity is becoming illegal by mcgrew · · Score: 1

      Indeed, you get it. Art is like science and technology, in that everything comes from what has come before. Imagine how technology would stagnate if patents lasted as long as copyrights?

  25. Huh by Type44Q · · Score: 1

    The Futility of the Ongoing Piracy War

    It's only futile if we assume that their objectives are, in fact, what they claim them to be. I, for one, don't have that much difficulty seeing through their bullshit...

  26. d by holophrastic · · Score: 1

    I've got no problem with the concept of people doing bad things -- illegal or otherwise. Whether you steal a candy bar, graffiti a mailbox, or get a game without paying for it, these are all minor things that don't kill anyone. But whether or not the law as written or the law as enforced can or do count your actions as illegal, they most definitely aren't ethical by any consideration.

    You're fabricating shades of grey just for fun. Still, throughout every shade, I don't want to be the guy who worked hard to create the content that you didn't pay for. It doesn't matter why. You weren't forced to play my game, child or not, affordable or not.

    Case in point. If I make a game, choose to price it at six million dollars per copy, and choose to make it available only from one radioshack in the park, that's my right to do with my own creation. If you want to steal it, that's one thing. But you don't get to use my distribution and pricing as an excuse for your actions.

    Man up. You stole it. It's not the worst thing that anyone has ever done. You did it intentionally. It wasn't a political protest. You wanted something and you didn't want to get it legitimately. Man up.

    Here's another shade of grey. Commercial advertisements and news coverage and reviews make Game of Thrones sound like the greatest show ever. Professional marketing makes me want it like crack. So I'm addicted to it before I've ever seen it. And hence, I steal to support my addiction because it's not available through my cable provider.

    Oh yeah, and I never learned to just say no to yet another derivative tv show.

    Or, perhaps, I did; I've never seen the show, and really, I've survived just fine.

    By the way, as a child, I stole a $0.05 candy coke bottle, in university I stole three bottles of five alive -- but only because I'd forgotten to pay for them, and didn't go back when I discovered so -- last year the wind took my car door into another car door and I didn't leave a note or anything -- I don't feel bad because the other car was more or less rusted through, not that my paint transfer improved it at all -- and while Game of Thrones easily passes me by, some shows don't.

    Man up. It's not a good thing. And though I haven't killed anyone, I'm not proud of everything I've done, do, and plan to do. But hey I also plan to take advantage of a few social encounters this weekend. I don't always plan on being nice. Sometimes I plan to be selfish to.

    And I definitely, frequently, and recreationally, drive well above the speed limit -- but not around schools.

    1. Re: d by mcgrew · · Score: 1

      I've got no problem with the concept of people doing bad things -- illegal or otherwise

      I have a problem with people doing bad things, legal or otherwise... and "illegal" is not a synonym for "bad" or "wrong". Adultery is perfectly legal and perfectly harmful. Adultery has victims, but it's legal. Smoking pot is illegal, but it's not bad or wrong; it harms no one.

      So don't confuse "illegal" with "wrong".

      I don't want to be the guy who worked hard to create the content that you didn't pay for.

      Then you're both selfish and stupid. I've been posting journals that folks are begging me to publish in a manner that they can pay for them (right now I'm working on a sci-fi series). As Doctorow notes, nobody ever lost money from piracy, but many artists have starved from obscurity, which is why he posts his books, for free, on boingboing and credits that fact for his success (he's on the NYT best seller list).

      Piracy causes sales.

      Man up. You stole it.

      No, you still have it. I have been stolen from (my house was burglarized last year) and plagairized. The plagairists were making money off of work I had done, and not even giving me credit. It dodn't cost me anything, it wasn't theft, but it was still wrong. Especially since if they'd asked permission and given credit, I would have let them post it.

      I don't always plan on being nice. Sometimes I plan to be selfish to.

      That's "too". And it sounds to me like you're as selfish as they come. To wit:

      And I definitely, frequently, and recreationally, drive well above the speed limit -- but not around schools.

      So it's OK to endanger peoples' lives, as long as they're not in school? You, sir, are a fucking asshole.

    2. Re: d by Travelsonic · · Score: 1

      Honestly, they are creating shades of gray *derp* because maybe THERE ARE to them? Ever think of that? Just because you don't agree with them doesn't mean others are wrong for not subscribing to your smugly placed ideas, you know.

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    3. Re: d by holophrastic · · Score: 1

      Actually, the fact that I disagree with them is the very definition of my saying that they are wrong. That's what opinion is all about. You have no reason to be here stating your opinions if you don't think that opinions have any meaning.

      More importantly, the shades of grey don't mean anything to the people who are complaining -- in this case the ip owners. So the fact that the illegitimate downloaders create shades of grey means even less.

  27. Game of Thrones Options ... by jest3r · · Score: 5, Interesting

    I don't typically watch much television but enjoy Game of Thrones.

    To watch Game of Thrones legally ON MY Television HBO and Rogers (the local cable company) make me do the following:

    1. Subscribe to the local cable company (most channels I don't want)
    2. Upgrade to HD and get the HD PVR box (now paying for more channels I don't want)
    3. Get the upgrade to HBO / TMN (paying for even more channels I don't want)
    4. Wait once a week for the show to air (annoying)
    5. Record it on the PVR so I can fast forward through commercials (even more annoying and at which point I'm not even watching it is real-time anyways)

    All of the above costs well lover $100 per month (on a 1-year contract) in the Toronto area through Rogers. Just to watch one series !!!

    Or the alternative:

    1. Go online a few hours after the show airs, download to USB stick, plug into television and watch.

    No wonder people "pirate" television!!!!

    1. Re:Game of Thrones Options ... by Joce640k · · Score: 2

      All of the above costs well lover $100 per month...

      Or ...

      Yep. Most people are grown-up enough to understand that paying for stuff they like means the producer can produce more of that stuff for them.

      Given this, why is there no legal/reasonable way to pay for just the content we want...?

      --
      No sig today...
    2. Re:Game of Thrones Options ... by tlhIngan · · Score: 1

      Or the alternative:

      1. Go online a few hours after the show airs, download to USB stick, plug into television and watch.

      Or wait a few months for GoT to be on DVD/Blu-Ray, or if you don't mind it, iTunes. At least for season 2, as season 1 is already out on DVD/Blu-Ray and on iTunes (in Canada).

      Is a few months wait really that bothersome? Or is there some sort of "status" to be had by watching the show when it airs rather than waiting a few months for the box set?

      Hell, I bet half the people who pirate it had no intention of even buying it on DVD/Blu-Ray "to support the show" or whatever. Pirate it when it airs, fine, if you're gonna buy it anyways. Don't buy it, if it's not for sale is also fine. But justifying pirating it without buying it when it's available?

      Given how much GoT is pirated, I expect the box sets to hit #1 on Amazon's sales chart when they're released, but I think that's a fat chance.

      There are many legitimate reasons to pirate, all enumerated in TFA, but really, considering you're saving $1200 by not having HBO, is spending $75 for the Blu-Ray set really putting you in the dog house?

    3. Re:Game of Thrones Options ... by Anonymous Coward · · Score: 1

      Is a few months wait really that bothersome? Or is there some sort of "status" to be had by watching the show when it airs rather than waiting a few months for the box set?

      Yes, it is. You will see spoilers on the internet and you won't be able to talk about the show with people watching it. It's not "status", it's shared enjoyment.

      I might pay for GoT sometime, I don't know. I would be MUCH more likely to pay if they let me pay when I wanted it, not almost a year later when I have little interest.

    4. Re:Game of Thrones Options ... by robot5x · · Score: 1

      Given this, why is there no legal/reasonable way to pay for just the content we want...?

      because too many people continue to acquiesce to this ridiculous business model - thereby providing absolutely no incentive whatever for the content providers to change.

      --
      Hej! Nasi tu byli!
    5. Re:Game of Thrones Options ... by mdielmann · · Score: 1

      I think he already made it clear he wasn't going to spend $100/mo to watch one series, and you quibble that he doesn't know that HBO doesn't have commercials? Way to miss the point!

      --
      Sure I'm paranoid, but am I paranoid enough?
  28. Re:Next in the series: by kiwimate · · Score: 2, Interesting

    Slashdotters are the first to attack people who supposedly don't recognize that technology has introduced a new paradigm and we must think about things in a different context.

    Why is it, then, that they immediately retreat into the anachronistic "you're not depriving anyone of anything, it's not theft, therefore it's okay" argument when it comes to piracy?

    (Rhetorical question, in case anyone doesn't get it. The answer, of course, is because this argument allows pirates to justify their activities.)

    How about recognizing for once that digital distribution is a new phenomenon and these kinds of comparisons are simply wrong?

  29. It can be won by aaaaaaargh! · · Score: 3, Insightful

    Here is how Mr. "smartass" aaaaaaargh! tells the industry for free how to win the war against piracy for computer games (but similar things work in other sectors):

    1.) Make a good, innovative game with procedurally generated levels and content (= extremely high replay value)

    2.) If you're totally afraidthat people might actually like your game too much because of the first step, still do it, but charge for the next version of the game engine (e.g. people have to pay for better graphics and optimizations)

    3.) Include useful and/or creative items in the box like a complete booklet, collectors items, etc. Heck, even including a whole set of high-quality game controllers is not unheard of...

    4.) Do not rip off consumers, make the pricing fair and reasonable. Don't let them pay extra for point 3 (no collectors box, no deluxe edition! One edition for all.)

    5.) Good customer service and realease modding/hacking tools for your games.

    6.) Ignore the pirates.

    Revenue and sustainable business development are ensured, until you're bought by EA games who will fuck up your studio.

  30. Act the Pirate by roccomaglio · · Score: 1

    During the piracy warning at the movies people have taken to sounding like pirates with arrrgs and saavy. This makes me laugh. Below is a snippet of Bob Mondello's interview with NPR about the Toronto Film Festival. MONDELLO: Well, yes, actually. At the beginning of all the public screenings - this doesn't happen so much with the critics' screenings, but when you're at a public screening as soon as they put up the screen that says to be careful not to record anything, the anti-piracy note, everybody starts making pirate noises and going argh, argh. It's a little strange. http://www.npr.org/2012/09/11/160966328/toronto-film-fest-offers-hints-of-oscar-contenders

  31. Re:Next in the series: by DragonTHC · · Score: 5, Interesting

    That's not the same standards.

    There's a larger issue here. What the content cartels are doing is un-American and dangerous.

    Their business model is no longer working for them overall. The market has shifted. In a free market, they would go out of business. Instead of shifting their model to meet the market, they have bought legislation which eliminates all the risk for them.

    Case in point as mentioned above. HBO. I grew up with it. Now I can't afford it and want to watch it. I will not subscribe to cable just for the luxury of getting HBO. I can afford HBO. I can't afford cable, nor do I want to watch 98% of what they're offering. The market isn't buying. The market is adjusting. The market wants easy access and is willing to pay reasonable costs. iTMS sells a ton of TV shows. Even then they're still priced too high. HBO has an online streaming offering, but only as a way to entice subscribers. This is where it goes all wrong.

    They are heeding the easy access part. That's HBO-GO. Where they derail is the existing subscribers part. A cable subscription now costs about $38 a month. Add HBO and that's another $15 a month. All of that when all I want is HBO-GO. Bundling is bad. The Benefit goes entirely to the provider. If the company just offered HBO-GO for $15 a month I would gladly pay that.

    The other side of that coin is the easy access part. The content is delayed for those who only use HBO-GO even though they are subscribers. In fact, all online content is delayed. Hulu, netflix, crackle, iTMS, google play, viacom, ABC, and CBS.
    Delayed by only a day is PBS. This is not the easy access we want. We want it available immediately after air. But the content cartels want to keep their fees rolling in by making it less attractive for people to get what they want while not actually delivering it. This seems like collusion to me.

    I remember a time when DSL was only offered by the phone company. Then the government set forth regulations which allowed for competition in 1996. Business was too good for so many when the industry bought their way out of it. Now the content cartels also have a lock on access and distribution. And the consumer loses. Offer what people want and they will pay for it.

    --
    They're using their grammar skills there.
  32. The solution has always been by gabrieltss · · Score: 1

    quit watching their shows, quit buying the DVD's, Blu-Ray's, quit going to their movies.l The ONLY thing the copyright holders/media companies understand is $$$$$$$. I disconnected my cable TV with Charter years ago. I have only gone to ONE movie in the theaters in the last 5 years (and that was only for an outing with friends). I haven't purchased a CD/DVD in years, I have refused to upgrade to Blu-Ray - unnecessary. All the DVD's I do own are good enough. I don't need to see the inside of a persons sweat glad on their face. If I want to listen to a CD or watch a DVD I go to my local Library - they have quite a large enough collection. Besides just about all the new music sounds like cr@p, the new movies are either poor remakes or are just plain cr@ppy movies. I only watch a little TV and that comes in over their air. The big media companies only understand $$$$ - take that away from them and what do they have? If enough people just stopped buying what they are selling you could send them into a tailspin. Of course they would just blame it on piracy again. But if no one even pirated their stuff what kind of argument would they have then?

    VOTE WITH YOUR $$$$$!!

    --
    The Truth is a Virus!!!
    1. Re:The solution has always been by Jiro · · Score: 1

      If you vote with your wallet and don't see their movies, they then go to the government and say "see, our profits are down, it must be piracy" and use that as a further excuse for further crackdowns, DRM, etc.

      It's not a solution.

    2. Re:The solution has always been by robot5x · · Score: 1

      of course it's the solution - this is capitalism! it's the only thing they have no control over.
      If their profits drop catastrophically then yeah they can undertake further crackdowns and DRM etc but so what - if people aren't buying it, who cares whether their products have DRM or not.

      I'm no fan of the free market, but I'd much rather have a true free market where business respond to customer demand - than this semi-free market we have now, where governments are intervening to prop up failing business models.

      --
      Hej! Nasi tu byli!
  33. AND by justthinkit · · Score: 2
    Your point AND...
    .

    BT became a way for JoesSmallSite.com to dole out millions of copies of his Fabulous Bouncing Babies video without putting himself and his baby in the poor house.

    --
    I come here for the love
    1. Re:AND by brit74 · · Score: 1

      Sounds like YouTube solved that problem already.

  34. Big hammer by gmuslera · · Score: 1

    With big enough hammers, you can whack a lot of moles. But also a lot of customers. Big media isnt helping to get sympathy hurting the ones that are willing to pay them refusing to sell (because they are at the wrong place), adding DRM that denies fair use, and adding a lot of unskippable "do not pirate" messages. That is something that goes straight to the legal, (still) willing to pay users, and in good part is absent to the ones that pirate it.

    Instead of keep punishing everyone, accept that in digital copying happens, is basically the nature of digital things, so give something extra to legal customers, something not digital, i.e. cloud based services, discounts to live shows, or things like that, and turn them into loyal customers, instead of taking things away and turning them into even more moles.

  35. Re:Good insight, but not new information by Damastus+the+WizLiz · · Score: 1

    In the information age the only way this will stop is with the end of capitalism.

    --
    I often have trouble remembering which way is out of bed in the morning.
  36. Re:Next in the series: by buchner.johannes · · Score: 1

    On the other hand one also has to see some websites like 9gag and FunnyJunk critically, that mostly copy from other websites, web comics, people even scan pages of books, and often enough without giving credit. On rare occasions there is a link to the original. And you have to wonder, is it ok if we can consume media without ever crediting the authors? Is it the job of the authors to run around on the internet and take down things?

    The argument people make for music is that it will be advertising and people will buy the albums then. I actually discovered music online and bought CDs because of that. But is the ratio correct? I've seen musicians (not just labels) complain that it just doesn't work and that young upcoming artists suffer because of it. Just because pirates think they're allowed to do whatever they want -- because they don't earn money, because they already paid on another CD, because they'll stick it to record companies, ... or whatever excuses they come up with -- doesn't mean that system will work for everyone.

    Free sharing is a double-edged sword. When nobody knows you, it's good to through your stuff out there and get you known. But starting up getting some money back must be extremely challenging.

    --
    NB: The message above might reflect my opinion right now, but not necessarily tomorrow or next year.
  37. Give them open source alternatives. by BLToday · · Score: 1

    I've installed or recommended OpenOffice/LibreOffice as a replacement for pirating MS Office a lot lately. It's not worth the hassle of dealing with MS Office's copy protection for most people. Plus, most people can't tell the functional difference anyway. Here's the usual list that I normally recommend for the average person.

    VMWare/Parallel => VirtualBox
    Photoshop => Paint.net (it's good enough for most basic jobs)
    Nero => CDBurnerXP/ImgBurn
    MS Office => OpenOffice/LibreOffice

  38. Re:no incentive in being creative by jd659 · · Score: 1

    I'd rather work in a machine shop or similar.

    Don't worry, the art will be there. There are people passionate about the art that the creation will continue even if we abandon the copyright entirely. Somehow musicians made money before the any recordings were possible, and very successful music was written without any copyright laws in place. The famous paintings and designs were done without the copyright laws either.

    Imagine for a second that someone who came up with a music scale could get it "copyrighted" or "patented". Seriously, the guy spent time and came up with a set of specific frequencies that were pleasant to the ear. We want to protect those "inventions" or else there will be no incentive to create music scales? Right...

    --
    There's no such thing as "illegal download"
  39. Re:Next in the series: by anyGould · · Score: 1

    Sure...

    Copying stuff is the same as taking physical things and shooting people in the process.

    Can we shoot you the next time you speed or jaywalk? We would only be applying your own standards to you.

    Not to mention the obvious logic of - if we both want free liquor, we both have to rob a liquor store. Whereas once pirate A cracks the DRM and posts the file, users B through ZYZZY are simply taking a copy. It's like sharing a secret - each new person is getting a fresh copy.

  40. Re:Next in the series: by anyGould · · Score: 5, Insightful

    Why is it, then, that they immediately retreat into the anachronistic "you're not depriving anyone of anything, it's not theft, therefore it's okay" argument when it comes to piracy?

    (Rhetorical question, in case anyone doesn't get it. The answer, of course, is because this argument allows pirates to justify their activities.)

    Or, because it's applying the wrong term to the crime.

    If I cross the road in the middle of the street, that's Jaywalking. It's not Assault or Tax Evasion or Murder or Vehicular Manslaughter. And trying to coin a "worse" term for it doesn't make it so.

    "Piracy" isn't piracy or theft. It's copyright infringement. There's a specific crime assigned to that activity - why do people insist on assigning "worse" name to it?

  41. Adapt or die by DaveGod · · Score: 1

    Coming from a business/accounting background, my immediate thoughts when Napster popped up and piracy hit mainstream was "adapt or die".

    It was just bloody obvious, at least to anyone with marketing and business strategy textbooks in front of them. Literally basic textbook stuff.

    When the market moves, adapt to it. No point fighting as you'll only lose, and anyway your purpose is to serve your market as well you can. I'm not going to condone piracy/copyright infringement/whatever, but it's just not business to point fingers and blame your market.

  42. Re:Next in the series: by MitchDev · · Score: 2

    Because if you make it sound worse, it's easier to get the sheep to follow along with it.

  43. It's NOT "Piracy"!!! by Jane+Q.+Public · · Score: 4, Informative

    PLEASE, for Christ's sake, STOP doing the RIAA and MPAA's job for them! And Cowboy Neal, of all people, should know better too.

    Downloading (and in most cases uploading) is NOT piracy! It is merely civil copyright infringement!

    Copyright piracy is a VERY old legal term, and it means to make and distribute multiple copies for profit. Pirates don't share via P2P. It would defeat their whole purpose. Calling downloading "piracy" is not an example of "modern usage", it is just plain incorrect.

    Piracy is a crime, sometimes even a felony. Downloading is not a crime at all.

    "Big Content" wants you to think they are the same things, but they are not. Whenever you call downloading "piracy", you help them toward their evil ends.

    Stop.

    1. Re:It's NOT "Piracy"!!! by brit74 · · Score: 1

      "Piracy" was used before the RIAA or the MPAA started using it. Lookup "cable piracy" - it means hooking your television into the cable-TV system without paying them. Note: you aren't getting any money from cable piracy, but it's still "piracy".

    2. Re:It's NOT "Piracy"!!! by brit74 · · Score: 1

      Copyright piracy is a VERY old legal term, and it means to make and distribute multiple copies for profit. Pirates don't share via P2P. It would defeat their whole purpose. Calling downloading "piracy" is not an example of "modern usage", it is just plain incorrect. Piracy is a crime, sometimes even a felony. Downloading is not a crime at all.

      Perhaps you'd like to explain why, if piracy for no-profit is legal, that Napster and warez sites get shut down.

      Also: holy crap, how did your comment get modded so high? Ah nevermind. I guess it's just pirates voting you up for saying what they want to hear, rather than saying anything accurate.

    3. Re:It's NOT "Piracy"!!! by dinfinity · · Score: 1

      GP did not say downloading [content to which one does not own the rights to possess] was legal. You clearly misunderstand what 'crime' means (hint: speeding is not a crime).

      GP is correct, but as my first sentence shows, 'piracy' is a much more convenient generally accepted term for the behaviour we're discussing. Bashing it's use without providing an alternative is bound to fail, imho. We need a catchy marketing term to cover it!

      Infringeloading? Downfringing? Bootsharing? Sharinfringing? Digifringing?

      Or maybe we should just accept the abuse of the word piracy..

    4. Re:It's NOT "Piracy"!!! by Jane+Q.+Public · · Score: 1

      "Perhaps you'd like to explain why, if piracy for no-profit is legal, that Napster and warez sites get shut down. "

      Simple. (Hah. You thought you were being clever, didn't you?)

      Napster got shut down for inciting, aiding, and abetting copyright infringement. Piracy was no part of it at all.

      Warez sites get shut down because they offer direct downloads (i.e., THEY are distributing) of copyrighted works, for profit... the profit is generally advertising, but it is STILL offering directly copied works in exchange for money, even if the money is indirect. Not even remotely the same as Napster.

      So: warez sites (at least most of them that aren't just links to others) are pirates. Napster was not, but got caught in a different part of the law.

    5. Re:It's NOT "Piracy"!!! by Jane+Q.+Public · · Score: 1

      "I guess it's just pirates voting you up for saying what they want to hear, rather than saying anything accurate."

      What I stated was accurate enough. I can prove it to you here publicly if you want to look even more like a fool.

    6. Re:It's NOT "Piracy"!!! by Jane+Q.+Public · · Score: 1

      "... but as my first sentence shows, 'piracy' is a much more convenient generally accepted term for the behaviour we're discussing"

      I beg do differ. I know that we are basically on the same side regarding the legality, but "piracy" is NOT a general term. It was deliberately introduced into the vernacular to get people to think it was.

      "Piracy" is a legal term. It was first used in the context of copyright around 100 years or so ago, maybe a bit more. But since then it has become embodied in actual law. Piracy is defined by federal statute to be as I described. So no, it is not a general term. It is a specific legal term, and if you use it as a general term for downloading, I say again: you are doing the RIAA and MPAA's jobs (in regard to PR) for them.

      We ALREADY have alternatives!!! Not just one, but several: "downloading" is one but pretty vague. But there there are "P2P" and "filesharing", both of which are antithesis -- antagonistic -- to actual "piracy". Take your pick.

    7. Re:It's NOT "Piracy"!!! by Jane+Q.+Public · · Score: 1

      "So when a site offers a bunch of copyrighted movies for you to download for free so they can make money off ads... They aren't pirates, even though they are distributing copies for a profit, just because downloading is involved?"

      No. If they are offering direct downloads, and making money off ads in the process, then they are pirates.

      But direct downloading is not P2P or BitTorrent. It is a completely different thing.

      Downloading via BitTorrent or other P2P protocol is almost always NOT pirating. Nor is uploading. Pirates don't give their stuff away.

    8. Re:It's NOT "Piracy"!!! by Jane+Q.+Public · · Score: 1

      "No. If they are offering direct downloads, and making money off ads in the process, then they are pirates."

      I should qualify this. If they are intentionally offering direct downloads of illegally copied works in exchange for a profit, they are pirates. But "locker" sites, like MegaUpload, are a gray area. They have to be aware that they are offering copyright infringing content in order to be in violation of the law. *BUT* -- if outside users upload all that content, it's pretty hard to pin the blame on the site owner, particularly in light of Federal law explicitly stating that a service provider cannot be held liable for user uploads.

    9. Re:It's NOT "Piracy"!!! by Travelsonic · · Score: 1

      The inheent problem [in fact, IMO, the ONLY problem] with your argument is putting it into the scope of [work X] being copyrighted or not. THE ILLEGALITY IS BASED ON PERMISSIONS OR LACK THEREOF, not IN OF ITSELF whether a work is copyrighted. Copyrigt infringement is based largely on permissions or lack thereof, for example.

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    10. Re:It's NOT "Piracy"!!! by dinfinity · · Score: 1

      I beg do differ. I know that we are basically on the same side regarding the legality, but "piracy" is NOT a general term. It was deliberately introduced into the vernacular to get people to think it was.

      "Piracy" is a legal term. It was first used in the context of copyright around 100 years or so ago, maybe a bit more. But since then it has become embodied in actual law. Piracy is defined by federal statute to be as I described. So no, it is not a general term. It is a specific legal term, and if you use it as a general term for downloading, I say again: you are doing the RIAA and MPAA's jobs (in regard to PR) for them.

      Be that as it may, I'd wager that 90% of even semiliterate users have come to understand 'piracy' in this context as copyright infringement. This is what I meant by 'generally accepted term'.

      We ALREADY have alternatives!!! Not just one, but several: "downloading" is one but pretty vague. But there there are "P2P" and "filesharing", both of which are antithesis -- antagonistic -- to actual "piracy". Take your pick.

      P2P, filesharing and downloading do not mean "downloading/uploading content to which one does not own the rights to possess or redistribute". So no, they are not alternatives. Far from being such, actually.

      As for the catchy terms: bootsharing, bootsharers, bootleeching, bootleeches. This is the solution. I promise.

    11. Re:It's NOT "Piracy"!!! by Xest · · Score: 1

      But I like pirates :(

      Seriously though, I was under the impression the term piracy stems from pirate radio, which was historically about radio stations that would broadcast from international waters such as in the North Sea next to the UK back to land because the state limited who could broadcast at the time to only a handful (one? the BBC?) of broadcasters which pissed people off and wasn't in fact anything to do with making copies but was arguably more similar to current music piracy - broadcast of content illegaly.

    12. Re:It's NOT "Piracy"!!! by Jane+Q.+Public · · Score: 1

      "Be that as it may, I'd wager that 90% of even semiliterate users have come to understand 'piracy' in this context as copyright infringement. This is what I meant by 'generally accepted term'. "

      Generally accepted or not, it's just plain wrong. Piracy has a specific legal meaning, and Big Content has waged a purposeful campaign to get you to conflate it with downloading, even though they ARE two very different things.

      So "generally accepted" or not, why are you doing their work for them?

      "P2P, filesharing and downloading do not mean "downloading/uploading content to which one does not own the rights to possess or redistribute". So no, they are not alternatives. Far from being such, actually."

      No, they do not "mean" that, per se, but they do include it. P2P and filesharing ARE acceptable (and correct) terms to use for "downloading/uploading content to which one does not own the rights to possess or redistribute", if that is indeed what you are doing. You are splitting hairs here, and IMO not justifiably.

    13. Re:It's NOT "Piracy"!!! by dinfinity · · Score: 1

      Generally accepted or not, it's just plain wrong. Piracy has a specific legal meaning, and Big Content has waged a purposeful campaign to get you to conflate it with downloading, even though they ARE two very different things. So "generally accepted" or not, why are you doing their work for them?

      I'm not. I'd like to see the abuse of the word piracy eradicated as much as you do. Well, maybe not as much, but we're on the same side is all I'm saying :-) I'm just suggesting that if you really want the abuse to disappear, it has to be supplanted with the use of something with equal brevity and similar specifity.

      No, they do not "mean" that, per se, but they do include it. P2P and filesharing ARE acceptable (and correct) terms to use for "downloading/uploading content to which one does not own the rights to possess or redistribute", if that is indeed what you are doing. You are splitting hairs here, and IMO not justifiably.

      That is comparable with saying that 'wielding a knife' includes 'stabbing somebody to death' (or, if the magnitude bothers you: 'slicing off your fingertip'). Or perhaps more relevant: that 'splitting stuff' includes 'splitting hairs' ;-)

      Language evolves in a specific way and in such a manner that popular concepts get their own word, existing or new. Tweeting also never meant microweblogging. Good luck in convincing people to stop using it to refer to microweblogging.

      Let me put it differently: consider your current strategy to change the abuse of the term piracy. How do you see it leading to the preferred result?

    14. Re:It's NOT "Piracy"!!! by Jane+Q.+Public · · Score: 1

      "I'd like to see the abuse of the word piracy eradicated as much as you do. Well, maybe not as much, but we're on the same side is all I'm saying"

      Well, my apologies then. I'm not trying to be contrary, but I thought you were.

      "That is comparable with saying that 'wielding a knife' includes 'stabbing somebody to death' (or, if the magnitude bothers you: 'slicing off your fingertip')."

      Terminology. What I was saying that however you want to put it, typical downloading *is* P2P. And it *is* filesharing. Though those things also include far more than just uploading or downloading copyrighted works, admittedly. Still, none of them -- hardly ever, anyway -- include piracy.

  44. The "entirely different game" by OldSport · · Score: 1

    The "entirely different game" that the content industries seem to be playing is lobbying politicians into passing extremely restrictive legislation, and unfortunately, I think the evidence shows that this is a game they can win, at least in terms of getting the legislation passed. Yes, SOPA was tabled after a large outcry, but agreements like the TPP, ACTA, and so on and so forth continue to be pushed forward by governments with direct support from all those intellectual property and content industry groups. As I said in a comment on another thread, I don't think it will be too long before, for example, some judge somewhere decides that simply having a bit torrent client on your computer, or just clicking on a link on the Pirate Bay, constitutes conspiracy to commit copyright fraud... I think the real "Whac-a-mole" game is going to be played by citizens, who have to keep beating down laws like SOPA and their ilk each time a new one pops up, because these guys are not going to give up.

  45. Re:Next in the series: by Havenwar · · Score: 3, Funny

    Well yes, that is quite obviously the reason. The real question is why they chose such a dumb word for it... I mean, "piracy". Pirates have been symbols of cool adventures for pretty much ever, and I doubt anyone but the most dull greysuited "normals" actually get discouraged by it.

    No, if they wanted to discourage youths from copyright infringement, they should call it "Accounting" or something. If that got traction they'd probably see drastic reductions in piracy over night. Not teenager wants to be caught accounting.

  46. Re:Next in the series: by suutar · · Score: 1

    I'd like that too, but what I really expect is that nothing created in my lifetime or my parents' lifetimes will leave copyright in my child's lifetime. Not much from my grandparents' lifetimes, for that matter. Which sucks. There were a bunch of good stories in Analog and IASFM that I don't think were or will be collected, and once the paper copies have died, that's it.

  47. Re:Next in the series: by robot5x · · Score: 1

    This is a very insightful post - I would mod up if I had points.
    This is a very good example of a symptom of a failing free market - and how interest groups have managed to legislate their way around its failures to make sure the money keeps rolling in. You are right - in a true free market these corporations/businesses would go bust. But this is only half the story - you can't legislate to force people to subscribe to your service! So the real power is still in the hands of individual consumers...

    You talk about your toss-up of cost-effectiveness of getting cable. Most people (I guess, based on the success of this model) simply say "I want to watch that one show, so I'll buy the whole cable subscription". I rarely watch TV so I would be fine not having access to it, but many see having cable as an inalienable human right which they 'just pay for' - like electricity or something.

    I keep saying this a lot recently but, even in the face of these big powerful companies, the individual consumer still has the power of giving them money or not giving them money. If more people cancelled subscriptions then business models would really change to reflect what consumers want. But while they can still make shit loads of money - what's the point?

    --
    Hej! Nasi tu byli!
  48. The issue: by mj24 · · Score: 2

    The issue: you can't use the same tools for physical goods for non-physical goods -- they just don't fit. They've different rules.

    Sooner or later people have to realize that were in the middle of a planetary shift called the End of Growth. The whole notion of freedom changes when anything you do in the real world affects everybody else -- independence must give way to collaboration. The Internet is the ground for a new economy and it will have it's own currency system and its own "crowd control". Why does every national leader have its head up its ass wondering why there's an economic crisis?

    --
    ...He comes from the future.
  49. Re:Next in the series: by GameboyRMH · · Score: 1

    The "not depriving" argument IS saying that the comparison is simply wrong, not that pirating is 100% morally right.

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
  50. File Copying leads ti INCREASED sales. by mauriceh · · Score: 1

    NOT lost revenue

    Want some documentary evidence:

    http://www.ic.gc.ca/eic/site/ippd-dppi.nsf/eng/h_ip01456.html

    The Impact of Music Downloads and P2P File-Sharing on the Purchase of Music: A Study for Industry Canada

    Description: Industry Canada undertook a music file sharing study during 2006-07 to measure the extent to which music downloads over peer-to-peer file sharing networks, for which the sound recording industry receives no remuneration, affect music purchasing activity in Canada. The data used for this analysis are from a Decima Research survey conducted between April and June, 2006, on behalf of Industry Canada. The report, prepared by University of London researchers, Birgitte Andersen and Marion Frenz, found that music downloads have a positive effect on music purchases among Canadian downloaders but that there is no effect taken over the entire population aged 15 and over.

    --
    Maurice W. Hilarius Voice: (778) 347-9907
  51. Re:Next in the series: by kiwimate · · Score: 1

    It's like sharing a secret

    Except it's not sharing. "Sharing" means John is giving or loaning something to Jane willingly and with full knowledge. The originator of the file doesn't know you're copying it, and they certainly don't want you to copy it.

  52. Re:Next in the series: by lister+king+of+smeg · · Score: 1

    We won't loose all of our documentation and media, we will have it in the future though not form the media companies but from the pirates that break the drm and backup all of there media. A geek can set up a nix based media server with raid and zfs and will laugh at bit-rot. when a disk dies he will go get another and the data will be copied from the other redundant copies. when the technology changes and video audio picture and document formats change his copies won't have any drm to keep him from converting between formats.

    so in ten years when you are having to pay per person per viewing at home for each episode MASH you already bought on vhs, dvd, hd-dvd, bluray, itunes, digital-copy, zune marketplace. don't say we pirates didn't warn you. we will gladly say we told you so as we sit back and watch any thing we want free, when you come ask for what ever show you happen to want that the studio decided they don't want to release again for another few years.

    --
    ---Saying gnome 3 is better than windows 8 not so much a compliment as it is damning with light praise.
  53. Re:Next in the series: by scarboni888 · · Score: 1

    Well first of all if people would stop confusing piracy with sharing we could actually begin discussing the matter with appropriate terms.

    By equating making a profit off of material you don't own with sharing it with others for free we miss an important distinction.

  54. Re:Next in the series: by Travelsonic · · Score: 1

    Can we cut the false contradiction crap? It's unoriginal, not at all clever, and really makes you look like an idiot. Slashdot is not a hive mind, not one giant entity of one thought, but instead made up of many people with many varying opinions. IF you can't even get that right, including anyone who makes similar statements to that I've replied to, it will be hard to take said posters seriously.

    --
    If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
  55. Re:Next in the series: by KingBenny · · Score: 1

    well, there is a certain similarity altho it's not really the same level ... you won't see someone with billgates-money in his pockets robbing liquor stores and i'm guessing it's been a while since le william downloaded a movie for free as well
    as for the shooting ... since the money from damages doesnt go to the artists there's room for discussion there, and more, there's way more important things, i havent seen any of the famous hollywood stars beggin yet. You buy what you can afford and like right ?

    --
    Free speech was meant to be free for all... how can anyone grow up in a nanny state ?
  56. Re:Next in the series: by Fallout2man · · Score: 1

    And this illustrates beautifully why it is fallacious to compare the concept of possession of physical property towards any sort of "ownership" of intangibles.

    Property by nature is limited, ownership of scarce materials makes sense for this reason and the law is meant to reflect that. Information, however, is naturally abundant, and computers make this quite apparent. It's worth remembering the founders recognized this and even explicitly wrote into the constitution that Patent/Copyright was only intended to spur the creation of more art and science. It was not based on any moral or philosophical "right" to ownership, it was entirely a pragmatic compromise.

    When research shows that compromise by and large no longer works, then is it any wonder that "ownership" is no longer respected? This is why people consider it "Sharing." Because they don't respect the idea that people should be able to "own" such things, period. This doesn't mean they can't be made to pay for content, but it does reflect that people do not labor under any misguided belief that any sort of IP regime is a moral construct necessary to the maintenance of society.

    Rather than play whack-a-mole with pirates, someone 'ought to take a page from Valve and try to invest in ways to engage people in paying for cool things because they want to legitimately support the art/science that went into it. Trying to force people to treat a pragmatic compromise as a moral good is not a winning strategy.

  57. Re:Good insight, but not new information by UnknownSoldier · · Score: 1

    Considering that money is energy, then yes, the only way to end capitalism is with *true* Free Energy.