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On Piracy, Part II







On Piracy, Part II

On Piracy, Part II 01/05/2004 03:01 PM

Looks like my rant about software piracy has generated some thoughtful feedback, some of which is listed in the post's t rackbacks. My apologies for not enabling comments for these posts, but unfortunately a recent flood of comment spam has made comments impossible for me to manage.

One thing mentioned in several responses is that people who steal my software wouldn't necessarily have bought it in the first place. This seems such an obvious statement that I didn't bother mentioning it, but perhaps I should have. So, for the record, I'm certain that the majority of people who use pirated versions of TopStyle would never have purchased it. Almost anything that costs money will be used by more people if they can get it for free.

But even so, this still costs me. My support newsgroups contain countless messages from people who have been asking me questions for years, yet have never purchased a copy. Given that the TopStyle trial version expires after 20 uses, you have think something's fishy there. And you'd be amazed by the number of support emails I get from people who admit that they're using a stolen copy, but still expect me to offer them support.

Perhaps more importantly, you need to consider how these pirated copies are obtained in the first place. While some pirated copies are cracks of the trial version, in other cases people use a stolen credit card number to purchase a copy of TopStyle, then once they download the registered version they post it on some warez site. This results in a chargeback fee from the credit card company - which comes out of my pocket.

Another common argument is that software isn't a physical product, so it has no real value and therefore nothing is lost when someone uses a stolen copy. Uhmmm...look, anyone who is tied to physical objects as the only things with monetary value is flat-out unprepared for the Internet and should stay offline.

Okay, that's enough ranting for now. My purpose with these posts is not to browbeat anyone, but instead to offer an inside view of what piracy really is. All too often the only people commenting on piracy are the pirates themselves or the lawyers protecting large corporations, so I thought I'd share how piracy affects someone like me. Despite my sour attitude regarding piracy and the lack of ethics among those who use warez, I'm still heartened that there are enough honest people to enable small developers to earn a nice living. I love what I do, and if you're among those who has purchased my software and enabled me to keep creating it, then I owe you a great deal of thanks.




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On Piracy 01/02/2004 01:09 PM

Many people who use pirated products justify it by claiming they're only stealing from rich mega-corporations that screw their customers, but this conveniently overlooks the fact that the people who are hurt the most by piracy are people like me.

Shareware developers are losing enormous amounts of money to piracy, and we're mostly helpless to do anything about it. We can't afford to sue everyone who steals from us, let alone track down people in countries such as Russia who host web sites offering pirated versions of our work. If you visit a few public "warez" sites, you're unlikely to find software from companies such as Microsoft who can afford to prosecute pirates - instead you'll find hundreds of shareware products written by people like me.

Some would argue that we should just accept piracy as part of the job, but chances are the people who say this aren't aware of how widespread piracy really is. A quick look at my web server logs would be enough to startle most people, since the top referrers are invariably warez sites that link to my site (yes, not only do they steal my software, but they also suck my bandwidth).

A couple of years ago I wanted to get an idea of how many people were using pirated versions of TopStyle, so I signed up for an anonymous email account (using a "kewl" nickname, of course) and started hanging out in cracker forums. After proving my cracker creds, I created a supposedly cracked version of TopStyle and arranged to have it listed on a popular warez site.

This cracked version pinged home the first time it was run, providing a way for me to find out how many people were using it. To my dismay, in just a few weeks more people had used this cracked version than had ever purchased it. I knew piracy was rampant, but I didn't realize how widespread it was until this test.

(As an aside, the only thing that prevented me from having this fake cracked version erase the user's hard drive was a sense of ethics - the same thing that's apparently missing from those who steal my software. This does illustrate, though, that you never know what you're getting when you download warez. Folks, if you're downloading pirated software, you're trusting EXEs hosted by people who brag about being criminals!)

Software crackers should be listed alongside spammers, virus writers and script kiddies as scourges of the Internet, because they make software more expensive and more invasive. Trust me: shareware developers such as myself really don't want to resort to things like software activation since it adds to our already oversized workload, but when we see thousands of people stealing from us, we're willing to do pretty much anything (wouldn't you?).


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On Piracy, or, Nick Bradbury is an Amazing Idiot: This was written in response to Nick Bradbury's bit about piracy from yesterday.

...most people who pirate his software probably would never use it anyway, so they aren't costing him any money and they're providing him with free advertising.

This is a good point. I'm not defending piracy, but piracy costs a company money in only one instance: when a person who has the means and inclination to buy the software pirates it instead. I can get a pirated copy of Oracle, but that doesn't mean I've cost that company money, because if I couldn't pirate it, I wouldn't buy it — I'd use something cheaper or free.

Now, there are holes in this theory, of course, because if true, it essentially means that poor people can pirate anything they want because they couldn't or wouldn't buy it otherwise. But I get annoyed when Microsoft claims that piracy costs it untold billions of dollars a year. This is a little arrogant. Microsoft is basically saying that every single person who pirated their software would have paid full price for it if piracy wasn't an option.

This is patently ridiculous and Microsoft knows it, but big numbers make big headlines. If Office was suddenly un-piratable, would Microsoft reap a billion-dollar windfall from would-be thieves? Nope — Open Office would just saturate the market in a big hurry. When the only options are paying for it or finding a much cheaper alternative, 99% of pirates will choose the latter.

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In response to Nick Bradbury's post on piracy, Aaron Swartz writes:

Nick has no innate right to have people pay for his software, just as I have no right to ask people to pay for use of my name.

Even if he did, most people who pirate his software probably would never use it anyway, so they aren't costing him any money and they're providing him with free advertising.

And of course it makes sense that lots of people who see some interesting new program available for free from a site they're already at will download it and try it out once, just as more people will read an article I wrote in the New York Times than on my weblog.

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And while it's true that EXEs can often do anything (because modern OSes don't have basic security protections like chroot, which has been in UNIX for decades), this is true of all software not just warez.

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Chris is arguing what’s known as the sweat-of-the-brow theory of intellectual monopolies: someone who puts work into something deserves to control how it is used.

Taken to its extreme, this probably results in things you disagree with. (Michael Jackson has put a lot of money and work into his face. Can he charge people who distribute pictures of it? A newspaper reporter puts a lot of work into discovering a story. Can he charge people who repeat it.) And certainly, in the specific case of copyright, if Chris’s world was in place we’d have no libraries or video stores, and all the books at bookstores would be shrink-wrapped or behind glass.

By Nick’s reasoning, everyone who rents a movie from a video store or takes a book out of the library is a pirate, because they cost the author one potential sale (in the US, authors don’t get paid anything for library or video store rentals).

Chris, do you feel authors have a right to keep their book out of libraries? They worked hard on their book, shouldn’t they get to make the terms of use? If you don’t, how do you distinguish libraries from downloads? (It’s true that libraries don’t usually involve copies, but this is a practical distinction — quibbles like that don’t see like they’d interfere with a strong right.)

I spend months researching an important story. Finally, after great lengths, I confirm that Nixon’s team funded Watergate break-in, and I provide a chain of evidence to prove it. You run a rival newspaper and you verify all the evidence with your own eyes. Can you publish the story as well? I put a lot of work into that story, I don’t want you to copy it, even if you give me credit.

The fact that video rental stores are legal while peer-to-peer systems aren’t is an accident of law and technology. The law regulated copying while the computer systems required copies to do everything. If we had built our networks with superfast pnuematic tubes instead of wires, we could whisk CDs across them to share with others without violating the law at all. It’s hard to believe one system could be moral and the other not, simply because of this technological accident.

The fact is that there is no such morality behind copyright. Copyright is a recent invention, which originally only touched commercial publishers (of which there aren’t very many). This idea of their being some moral reason for it is even more recent. You won’t find it in any religion, or any old culture. It’s a silly idea, and it goes against our nature to share and build upon each other’s work.

What’s the moral problem with me downloading Nick’s software when there was no chance of me buying it? I get the software, Nick doesn’t lose any money and possibly gets some free advertising. It seems everyone is better off; how could this be immoral?

Yup.  That's how smart kids of 21st century thinks.  What a shame.

Aside from the lost profit and firmness of the moral ground piracy stands on, piracy undermines the soul of our young.  When you do something others consider bad, you start a ball of self-justification rolling so you can sleep at night.  So what if I burnt a house down?  No one got hurt!

Let this bullshit go on and, before you know it, the only acceptable answer to “Why can't I drive your car when you are not using it?“ will be an Uzi.


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If one is willing to believe the happy talk from music business executives, the tide has finally turned against file sharing, thanks to the get-tough tactics employed by the Recording Industry Association of America.

Last fall, the RIAA began filing lawsuits against individual users of peer-to-peer trading sites, and the strategy, the RIAA says now, has paid off. The group is careful not to declare a final victory over file trading, but things are finally beginning to look up for a business long in decline, say industry representatives. After years of scoffing at copyright laws, Americans are finally beginning to understand the gravity of file trading's offense against copyright.

The article is interesting. But what I find most interesting is this automatic alignment that is made in the media discourse between file sharing and piracy. There are many, many uses other than those the RIAA defines as illegitimate for file sharing (note, I am not saying anonymous file sharing, although there worthy uses for that too). Sure, the media loves a good fight and that's why the focus on this comparison. But the uses of sharing should, can, and will move beyond those in dispute. And not just for files, either.

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For all of these creative artists, most laboring in obscurity, being well-enough known to be pirated would be a crowning achievement. Piracy is a kind of progressive taxation, which may shave a few percentage points off the sales of well-known artists (and I say "may" because even that point is not proven), in exchange for massive benefits to the far greater number for whom exposure may lead to increased revenues.

Our current distribution systems for books, music, and movies are skewed heavily in favor of the "haves" against the "have nots." A few high-profile products receive the bulk of the promotional budget and are distributed in large quantities; the majority depend, in the words of Tennessee Williams' character Blanche DuBois, "on the kindness of strangers."

Lowering the barriers to entry in distribution, and the continuous availability of the entire catalog rather than just the most popular works, is good for artists, since it gives them a chance to build their own reputation and visibility, working with entrepreneurs of the new medium who will be the publishers and distributors of tomorrow. -- Tim O'Reilly

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