Devour said:
It's time to discuss piracy, ladies and gents.
The question of piracy (as a whole) is not a simple one to address, as different moral viewpoints (or even similar moral viewpoints) can end up at completely different conclusions to how to solve the problem of piracy and whether or not it IS a problem.
Let's address piracy as a crime:-
- [li]It doesn't count as theft, as there is no theft of a physical product. You are merely copying a product over.[/li]
Yes and no, for a given definition of "theft". Many would argue (and the law is unclear) about the theft of intellectual property. But, it's a distinction without a difference.
Devour said:
[li]It is a breach of copyright law.[/li]
Yes
Devour said:
[li]Numerous bodies are attempting to place highly invasive anti-piracy laws into our day to day lives. Including, but not limited to, internet services being cut off without any advance warning or warrant required and hacking and constant monitoring of suspected PCs involved in piracy. Even for downloading a single illegal file. I think you could do that by accident.[/li]
Kitchen, heat, natch. If you don't want to be suspected to be a pirate, don't do things to draw attention to yourself. If it's an accident, you can talk to your ISP, you can be on the straight and narrow from that point forward, you can do a bunch of different things to keep things right.
The paranoia that these companies what to do something more untoward than stop illegal activities is of questionable validity.
Devour said:
Let's address what economists / consumers usually think of piracy:-
- [li]It's a natural part of consumer behaviour. It's a way to test the waters of a product. Attempting to shut it down doesn't do anything useful.[/li]
I'm curious whether any significant body of economists have weighed in on this, much less categorically defended it as a method of appraising new products. Given no major studies exist (to my knowledge) which show that DRM hurts sales (or that a lack of DRM boosts them), I find this claim questionable vis-a-vis economists writ large.
Devour said:
[li]The vast majority of people who have access to the internet have done an act of piracy on the internet (something like 90% of teens had over 700 illegally downloaded songs on their portable music players). Making piracy an arrestable crime under law would mean a lot of people would be criminalised for it. See American prohibition, which created organised crime.[/li]
Organized crime existed prior to prohibition. And, is a defense against keeping an activity illegal really saying "it makes more criminals"? We'll have fewer criminals if we decriminalize burglary, as well. Or Heroin.
Devour said:
[li]More anti-piracy stuff = Fewer sales and more piracy. See Spore as an example of serious DRM getting the game into a piracy whirlwind.[/li]
See The Humble Indie Bundle as an example of "this argument is bunk". People are pirating the HIB in huge numbers straight off the group's site, even when they only have to pay a penny to get it. They're literally not willing to pay a penny to the developers. This, despite there being no DRM, and it being a hell of a deal. This argument holds no water.
Devour said:
[li]Wares are generally of a better quality than the product itself.[/li]
For a given definition of quality. A lack of DRM does make them "better", but only in the sense that you're avoiding a bad thing you yourself created.
Devour said:
[li]Consumers don't really consider it a crime, simply because it's not causing anyone any real harm.[/li]
Except the developers, the designers, the programmers, and (oh, yeah) the publishers and consumers. Piracy does a shit ton of people harm. The fact that they're outside your monkey sphere doesn't make it not "real".
Devour said:
Let's address what games publishers / most governments think of piracy:-
- [li]It is a crime, unquestionably. Equal to theft, and should be tried as such.[/li]
[li]Piracy must be stamped out at all costs. Ignoring statistical evidence and claiming it funds child abuse and terrorism [http://www.youtube.com/watch?v=yTH62P7fFJo] is for some reason necessary.[/li]
Wow... You're not even trying for fair representation of their arguments, are you?
Devour said:
[li]All negative backlash against anti-piracy methods must be ignored, despite the fact they often lose sales because of it.[/li]
See: Humble Indie Bundle. Pirates steal whether DRM is there or not. Gamers, by and large, seem corrupt, greedy, selfish, and all-in-all jackasses. Defending this by claiming that it's a fight against DRM is pure crap.
Devour said:
[li]A person's privacy doesn't matter as long as long as they aren't using pirated software. The irony is, of course, that people using pirated software won't have their privacy invaded.[/li]
Out of curiosity, what are we defining as "privacy" here? Because as far as I know as part of the legal world, there's no privacy that exists either in public places, nor against private entities. We're using the property and provisions of ISPs to access the internet. There's no privacy there. There's no privacy if I go into your home and start telling you about my plans to kill the president, either. Privacy doesn't exist here, so please stop citing grand ideals which are simply false.
Devour said:
( Feel free to add to any of this, it isn't comprehensive, and it's probably pretty strawmen, but I think it sets the basis for the argument. )
If you understand you've made a hash of any kind of reasoned, neutral, discussion, why do you continue to try to argue it?
Devour said:
Here is where my opinion comes in. My reasons for disliking this anti-piracy trend is two-fold:-
[list type=decimal][li]Piracy is a natural way for a consumer to weed out the terrible products from the good ones. This scares the executives and publishers, as it means they can't make terrible products and make money from them.[/li]
Ehh... If the gamers eventually bought the game if they pirated it and liked it, I would agree with the "piracy as a demo" argument. But I've seen nothing which demonstrates that tendency to me (aside from anecdotes and stories, neither of which are sufficient to the claims)
Devour said:
[li]Piracy is being used as an excuse to invade our privacy. It's not about anti-pirate versus pirate (that battle is unwinnable for the anti-pirates and they know it since all current anti-piracy methods are useless against pirated software), it's about privacy versus surveillance. If pretty much any of the anti-piracy acts go through, people in that part of the world will be royally fucked. Both the companies and the governments are attacking our liberty under the pretence of defending us.[/li][/list]
AFAIK, there's no provision of any current anti-piracy statues (or proposed statutes) which would invade privacy where it exists as a right. It would invade privacy where it exists as "something we'd like" and even "something we falsely believe ourselves entitled to", but that's not quite the same thing. They're going to use the fact that there is no privacy in these areas to their ends. They're not invading privacy, there is no privacy to invade when it comes to this. Nothing short of actively hacking into an existing computer would be even close. Monitoring all outgoing and incoming internet communication is well within the rights of any ISP.
Devour said:
I suspect these are the ONLY two reasons (or, at least, the root reasons) why there's such an anti-piracy trend going on in the corporate and political world. Anything about it being a crime is an excuse for these two things. I can only assume this from the utterly retarded anti-piracy methods that've been made lately. And I can only assume those anti-piracy methods were made to force more people to start doing piracy in an attempt to inflate the problem to get these two goals done. I can think of no other reasons other than this and the DRM designers being utter morons.
Ehh... Conspiracy theories are fun, but not useful. Your claims are without backing. This is simple lunacy to believe that there is some grand attempts to remove your rights in the guise of limiting piracy.
Devour said:
So, think about it like this. Piracy is a natural consumer method (equal to getting a taster of a product at a shop, except the product can be made through Star Trek-esque production machines) to testing out a product. Companies and governments want to (for whatever reason, probably making more money and being authoritarian) be able to control and monitor your every move, as well as stopping you from being able to test a product before you buy it.
The analogy, as I have said before, doesn't work. We're not talking about someone testing or demoing a product with the permission of the developer; subsequently either deleting the program after a set number of days, or buying it full and clear. We're talking about them taking the full game without paying for it. They want to stop you from "testing" it, because as much as we "demo" these games, we never get around to the "you buy it" part. That's what is objectionable. If the majority of pirates eventually bought the games they demoed (even some of the games they demoed), this would be a different discussion.
Devour said:
People can claim that piracy is a crime, but I know which one of these I think is the bigger crime.
How about all of you?
I think that privacy doesn't exist when we're talking about information traveling over privately-owned and maintained lines, dwelling in private servers, or being accessed through private ISPs. The information of what information I send and retrieve is not private. Period.
I believe that theft is theft, and taking something without paying for it is taking something without paying for it. It's no different from stealing a game for a console from a store, and that's the simple reality. I believe that pirates (myself, oft included) do not eventually buy the games they "test", and rather disguise their greed and selfishness behind a facade of "protest against DRM" and "demoing". That's how I believe.