BeerTent said:
conmag9 said:
BeerTent said:
zehydra said:
BeerTent said:
It's still not theft. It might be something immoral, but it's certainly not theft.
Theft requires that something which is stolen, i.e. no longer in the hands of the person it was stolen from.[...]
Okay, I'll nab your bank account credentials and take all of your funds. Oh! It's not theft! Nothing PHYSICAL was taken!
False analogy.[...]
Again, I'm not endorsing piracy or saying it's okay, I'm just acknowledging that the way the market works is changing and those who work in it have to change with it. This isn't a pleasant period of transition, but it's necessary nonetheless.
You know what? This is actually the response I was aiming for. Someone out there to say. "Hey, saying it's theft is misconstrued. It's Piracy because..." If piracy is not theft, then it's its own category.
Indeed! I'm simply annoyed that people are quick to miscatagorize it, whether out of simple ignorance of the definition of theft or out of a deliberate attempt to argue to emotion.
BeerTent said:
But you're still taking. You're taking software, you're taking time, and money from the developer/artist. You can't return that...
And that's wrong. Which I pointed out several times. I am not saying piracy is not wrong. I AM saying it's not theft. That's it. Further, this is only one kind of piracy. There are, believe it or not, those who simply want DRM free copies of their legally purchased software. Others use them as demos for games that lack them. Now, those do get used as excuses quite a bit by those who legitamitly only take without giving back but that does not change the fact that those uses exist.
BeerTent said:
And while you may say that DRM is a waste of time, it's absolutely essential. We can't release a product without it now because of this problem.
That's just the thing, it's not essential. It's broken so fast, that it might as well not be there. And DRM is not cheap! Developers lacing their products with it have to spend a lot of money, which cuts into their profits. It's as effective as throwing money in a lake, without the potential of someone fishing that money out later and drying it off. Completely pointless, is my point. Further, it weakens the product and thus makes people even less likely to legally purchase it. So using DRM is basically just shooting yourself in the foot over and over and wondering why you're walking funny afterward.
BeerTent said:
Pirates can say that "DRM is the sole reason..." but how many times has a game from GOG been copied? The purpose of DRM is to prevent Day Zero piracy. Where the product is available for pirates before it's actually released. This does impact sales.
Which nigh-universally doesn't work. Or rather, it's cracked a day or two later, so the idea of "holding off" pirates until they've made their sales, while clever in theory, simply doesn't work in practice. It only gives the disadvantages I've mentioned in my previous paragraph.
BeerTent said:
If you released a crack for my game, which is $5, and the tracker records 500 downloads, then you've taken me down by $2500.
Correction: the theoretical individual has possibly removed a potential $2500. Some may not have bought it at all if it weren't free, in which case the amount you're getting remains 0 from them. You can't steal a potential without opening up a TERRIBLE precedent in law. "I didn't make as much money as I thought I would. People not paying me is stealing from my potential." (this is also the problem with "voting with your wallet". Companies are much more quick to blame piracy for low sales than the fact that perhaps their product was simply not popular). This isn't remotely acceptable. Beyond that though, studies have shown that many pirates actually end up spending MORE money than the average person, so you may very well have made more money. I often here the retort "MAY make money isn't enough!", but that's exactly what you do when you put a product on the market. You can't truly guaentee sales, only make them more likely. And you're making them less likely to buy them legally with the current antics.
From a moral standpoint, I want artists to get paid. I'm less happy about the fact that the publishers tend to take most of the money, sometimes to the point of lawsuits required on the developer's part, but I'll work with that if need be, until things change. But you'd get a lot more people to pay you if you treated them as valued customers rather than criminals with DRM, as well as adjusting prices to take into account the possibility of digital distribution (which axes the production costs of cd/dvd/blue ray etc. and the shipping costs that go along with it). If you don't, reality catches up to you and, yes, people do wrong things. You'll never stop piracy 100%, but you can minimize it with different strategies. Which I hope to see, because it makes the artists more money (making them happy, presumably) and customers more happy when they don't have to deal with all the useless crap that goes along with the media they purchase.
I mean, just look at Steam. Very light on the DRM, sell cheap and have frequent sales, be nice to customers. They make startling amounts of money because people want their products and want to support a company that offers them at reasonable costs.
BeerTent said:
I had a much longer response planned, but this is the general gist of it. While I agree that you shouldn't serve 25+ in prison for downloading games, that's not the big problem here,
Wait, what? You agree that 25+ years is too much time (and yes it is, punishment fitting the crime and all that), but that downloading copies is more critical, therefore it's justified?
BeerTent said:
It's distribution of these games, which, through torrents, you're automatically guilty of because of the very nature of how they work. In Canada and the US, this is where they can get off on fining you 2.5K
Again, this is punishment completely disproportionate to the crime. Let's say we have a guy, who we'll call Keith (because every example I do usually involves him, poor guy). Keith walks into a music store and quietly pockets a cd. The cd costs, maybe 10 dollars. Security catches him. What happens? Most likely, he wont be criminally charged for such a small thing. He's very likely to get escorted from the store and may be banned from returning in the future. Now, let's say Keith was snowed in at the time instead, so he downloads the songs for free somewhere on the internet. If he's caught, those same songs that would have given him a slap on the wrist for shoplifting can utterly destroy his life. He doesn't have to share them or anything, he can be fined frankly embarrassing amounts of money for supposed damages and be put in prison. Even a small amount of prison time makes getting a job hellishly difficult. Not to mention all the other problems with putting small time offenders behind bars (ie. getting them into contact with potentially much more serious criminals). He's done less than if he'd shoplifted the object (since someone else can still buy that individual disk), but he's being treated like he went around setting people on fire for fun.
Punishment? Maybe, but keep it in line with the crime. That's all I'm saying, and I'd hope that most would agree on that point. Disproportionate justice doesn't work. If it did, would we be having this discussion?
