*Feels quoted content is relevant... Must... Compress... Rrrrggghhhhh~
conmag9 said:
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.
I feel like it's time to shift things a little. I can agree that Piracy is not theft, it's it's own category, but I still feel that it shares it's own venn diagram with theft. Like you mentioned, the victim still has the the software and source, but I feel that time, and money is gone.
But on the DRM bandwagon, DRM is not designed for the coming weeks after release. That's icing on the cake. DRM is out there to prevent day zero. That's it. It's expensive as fuck, yes... But now the problem isn't the Cx, it's also the employee. While I feel that you shouldn't hire someone you don't trust, for HR, this can be fucking impossible. And some publishers really do feel that their customers are criminals because, I mean, look at how many copies of popular games go through piracy. Not only is Day Zero piracy a crippling black mark on your reputation, but Pirates get the game first. For free... That produces pirates.
You can turn around and say, "Ohh, well... Pirates're just gonna buy it if they like it." But how can you prove that? Sure, Keith might go for it, but how many pirates are like Drake? Who says he'll buy it, but he's beaten the pirated copy and got his fill? Why would he buy it? He's not going to play it anymore. Again, I agree, Draconian DRM is inexcusable. (I'm looking at you, AC) but turning that DRM into something useful the Cx can appreciate, (Anno2070) is worth it. (Steam)
Publishers look at this and say, "Yeah... If you could at least integrate SecuRom in there, thaat'd be greaatt..."
On demos... this is tricky. There's a reason why they've gone the way of the dinosaur. The exact same amount of resources that go to DRM, would need to be applied to the demo. It's costly, It's expensive, and it's a ***** to produce because now you've got two versions of the software you need to produce. One is incomplete with an ad in the end, and the other has DRM. Why do this? Consider there's 4 different scenarios that come from the Cx trying the demo...
- I try the game, like the story, I buy it to see what happens next.
- I try the game, and like it, but I'm fine playing with Terran ships, and I don't need the additional content. Why pay?
- I try the game, and the demo's awful. It doesn't showcase how fun the game actually is. I don't buy it.
- I try the game, and the demo shows it's not for me anyway. So I don't buy it.
So, that's a 25% chance of a positive outcome... Convince a publisher that's going to work for them. The publisher would rather hype the game, and if it launches, the hype will remain to support the sequels. So... Your demos are shot.
conmag9 said:
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.
[...]
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.
This part involves Legalities. Which is something I'm not good at. My point here is that a publisher's lawyer can come in and state, "Well, we lost 2.5K in sales because of this." and easily get away with it. This is why we have the MPAA assaulting people. "Well, look at this torrent! 2,563,000 downloads! You seeded it! Pony up, *****!"
To look at your last paragraph, take a look at TPB. Read the "about" section on a good chunk of those torrents. Cracked by blah, Has X many discs, Copy protection: Steam. Steam is still good DRM, it prevents Day zero, by outsourcing part of the development to the publisher. It's still nice to the Cx, but it's still ripped to hell. We all say "Be nice to the customers and they'll buy." But it's not true and it's been disproved over, and over, and over, and over... EA treats it's customers like this. Ubi has Uplay... These two companies are booming. THQ has treated their Cx's great, despite releasing a few mediocre games and very poor business decisions... Bankrupt and dead... VALVe treats their Cx's great, but they rarely make a peep in the games market. It's all Steam and content updates for their little MMO project, TF2. This is a classic scenario of "Do as I say, not as I do." Because the Gamer can be quite an atrocious and unforgivable beast. Hell, even the Cx can kill your little multiplayer mod. Lookin' at you, Dystopia.
conmag9 said:
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? [...]
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?
Okay, so this isn't worded right on my part. I don't agree that such a massive punishment is justified, only that this is how a scenario is seen. If one pan could cost your company billions, like the very unfortunate individual over at Reddit, he may as well have been setting people on fire. If piracy can damage your business so heavily, he's not just impacting the CEO's. The head hauncho at the publisher's office... He's affecting the lives of a great deal of people. If dead Space were pirated to oblivion, and there were very few sales as a result, that studio could go. Part of the publisher would feel a hit, and jobs could be lost.
Uprooting the lives of say, 1,000 people is worse than uprooting the lives of one family and a few circles of friends. This is why we have disproportionate justice. Just like piracy, this is also unfixable.