Wednesday, April 28, 2010

The Pirates Prerogative

Justification
Attempting to justify piracy is really an act of futility, you just simply can't find a foolproof reason for why it's alright for someone to illegally download a product. Having said that, there are many reasons why people will attempt to explain why they believe pirating is OK. The most simple reason stems from the fact that it is too expensive to purchase all of the products that consumers want, so for the lack of funds and/or being unwilling to pay for something, it would be much easier for them to decide to download illegal content. As I've heard from some people, "It's too easy to pirate and I don't think it's wrong." This is the mindset of many people and it just becomes a habit to download something when it's so easy to do so. On the other end of the spectrum we can find those that will take a higher ground approach to pirating saying its alright, because they are just testing a game out. These people view pirating as a form of rental because the player would much rather find out if a game is actually good or not before they would waste about $60 to buy a bad game. So these people will still buy the game or other content, but not before testing it out first for free.

One of the biggest arguments that is usually made about piracy is that it is a form of sharing. While this makes sense when it's just one or two people, through the use of the internet it can then reach thousands of people. Torrenting sites such as the PirateBay and other sources allow for this to happen and they have become the focus of the debate. When the internet was still in it's infancy and the first boom occurred, many people were using the program known as Napster to share music and it was very common for people to use it. Once the program was shut down though, many people became more aware of the consequences of piracy. Despite the removal of Napster, the ability to pirate digital content is still relatively simple and painless compared to the price of purchasing something. No matter what the methods are or the rationalization for pirating, there will always be those who find a way to obtain digital goods for free.


The concept of ownership
Throughout the world, the concept of ownership is viewed differently from each nation. The United States, being a striking example of capitalism has a large contribution to the thoughts of ownership of property and in Europe, the mindset of having rights over what you have created is closely aligned to the U.S. Where things become complicated is when you look at huge countries such as China and realize that their concept of ownership is much different than ours. Despite the governments push in China to prevent piracy, the culture still believes that what you have created ought to be shared with others. In the Soviet Union there was so way to establish copy rights, so this explains why the creator of Tetris initially didn't get much credit for what he created and so many people where able to copy his game. For many countries outside the U.S., capitalism is more loosely defined and only as the rate of production increases does the need to protect intellectual property increase as well.


Endless Cycle
It feels at times as if it were impossible to find a solution to this problem, because what starts initially as a person defending themselves from piracy because of products that have poor quality and are too expensive, when the value of a product increases, the pirate will still obtain the product because they actually will admit that they are too cheap to buy something. It varies greatly from one pirate to another what their motivations are, but more often than not, it’s based on a refusal to pay a sum of money for a product that they believe is too much. Companies will try to add value to a product, but this doesn't change much so then they begin to result to other methods. These other methods involve increasing prices and limiting the ease of use of their products in order to prevent those who pirate games from using it to its full extent. There are many examples of this in the past and recent examples as well.


In the world of PC gaming, where piracy is most prevalent, any sign of an implied threat is seen as a form of betrayal from developers. PC gamers have many expectations of what a PC game should have and standards having been made with pricing and the core features of a game such as having dedicated server support for online matches. One of the most alarming changes that players have seen for PC games is Activision's choice to price Call of Duty: Modern Warfare 2 on the PC for $60. This pricing choice goes against the expected price point of new blockbuster PC games being only $50. On top of that, many features that are viewed as being standard in a PC title were removed in order to make it more similar to the console version of the game. More value was removed by not offering any collectors editions for the title on the PC and this would add up for more reason for people to pirate the title, making it the most pirated title of 2009. When ever players feel betrayed by developers, their response will be much worse than normal.


Response
In response to the increased rate of piracy many developers are taking on more extreme practices in order to protect their games from piracy. The methods they are using could be described as draconian in nature because the methods being used severely punish even the users that have purchased the product and have obtained the game legitimately.


Publisher and developer Ubisoft has shown the level of desperation that has come out of the battle to fight off piracy. With the release of Assasins Creed II on the PC and other future titles, Ubisoft has decided to use a new form of Digital Rights Management (DRM) that allows the game to operate only when the user has a constant internet connection and the servers from Ubisoft are online as well. This of course means the moment anything goes wrong with the internet connection, everything will cease to function and the player will even lose their current progress since they have last saved their game. This kind of strict protection has actually lead those who would normally purchase a game to pirate the game in order to avoid these issues.


Pirates have of course found a way to circumvent these restrictions by disabling the always on DRM that is found in Assassins Creed, thus enabling even more people to pirate the game pain free and also helping those who have purchased the game to be free of the DRM issues. All of this goes to show that no matter what you do to prevent the piracy of a game, dedicated groups of people will find a way to circumvent these protection methods and release these tools to the public. Noting this, it's very important for the industry going forward to find ways that promote the legal purchasing of games and at the same time may gamers aware that piracy is not acceptable.





Monday, April 26, 2010

Further explantion and identifying some of the suspects.

Infringement


Software License Infringement or piracy, are popular topics of discussion, especially with how widespread it has become. The word piracy contains so many negative connotations while simultaneously captivating people’s minds with images of common people finding ways to circumvent governments and laws. A quick Google search of "software piracy" results with the popular digital content sharing website thepiratebay.org, as one of the top results (Google). The key issue with piracy is that when software is purchased, one becomes a licensed user rather than an owner. This fact is then either unknown by the user or the user is aware, but still considers the software to be their property and thus feels free to share it. Software companies argue the ethics of this and seek legislation to clearly define software as copyrighted material.


Infringing Organizations and Individuals


Organizations that take part in aiding the distribution of pirated content often defend themselves based on the rights to share digital content in foreign countries, but these websites can be used by anyone around the world and with that the issue arises. The Pirate Bay is a Swedish website that indexes Bit Torrents, a sharing protocol used to distribute large files, and the creators defend the site by referencing local laws and that the only information being stored on their servers are the links to the digital downloads stored in individuals computers. Though The Pirate Bay defends itself from the law, its approach is often juvenile (Neij). Other services allow users to pay a subscription fee in order to host digital content on their servers where it cannot be tracked. Within the countries that these websites are hosted, copyright laws do not prohibit the sharing of this content and in the event that the laws change, the servers for some are hosted in multiple countries with loose copyright laws (Libbenga). These groups have all found a way to make a profit off of sharing others software.



While peer to peer sharing networks get most of the attention, the main issue lies with the peers, the individuals seeking and sharing content through these networks. Without the existence of the networks, individuals will still find their own ways of sharing software with others. Perceived ownership of software is cited as a reason for sharing, but part of it is the selfish desire to save money as most pieces of software costs hundreds of dollars to purchase. Knowing the inevitability of piracy, Bill Gates references the piracy of the Windows operating system in China, submitting to the idea by saying "As long as they are going to steal it, we want them to steal ours," in the hope that users would license the operating system the next time (Grice). By this logic, the more individuals that are exposed to pirated software, the likely hood of them purchasing a license in the future increases.


Sources:

Google. (n.d.). Software Piracy. Retrieved November 29, 2009,

from http://www.google.com/search?q=software+piracy
 
Grice, Corey. (1998, July 2). Gates, Buffet a bit bearish. Retrieved November 29, 2009,

from http://news.cnet.com/2100-1023-212942.html

Libbenga, Jan. (2006, June 5). Pirate Bay resurfaces, while protesters walk the street.
Retrieved November 29, 2009,
from http://www.theregister.co.uk/2006/06/05/pirate_bay_reemerges/



Neij, Fredrik. (2004, Sept. 14). EA Response. Retrieved November 29, 2009,

from http://static.thepiratebay.org/ea_response.txt

Thursday, April 22, 2010

Identifying the Problem

Piracy is a problem that has always existed ever since property was created, but with the digital age, piracy has taken on a new form that is still very confusing to people. Piracy's affect on the video game industry and others can be almost crippling at times, causing producers to come up with draconian ways of protecting their property in order to prevent massive loss of profits. So what exactly defines piracy and why should anyone care about it?

When I talk about piracy here, I'm not talking about pirates that go "yarrrrrr, shiver me timbers," but actually piracy is based on the act of copyright infringement of intellectual property such as software/games, music, books and movies. Any time we share a game online or in-person, we infringe on the copyright of the owner and that is illegal in the United States and many parts of the world. There goes one sale that the producer will never make and the cost of development for anything they make becomes a higher risk as piracy increases.
So why would you care if they loss a little bit of money when a full release video games costs $60, not to mention any Down-loadable Content (DLC) they release that is also over priced, right? Well the harsh reality is that many people just don't care about downloading digital content and at least for video games, there has really been no motivation to not pirate the game. The thing that has made it a more obvious issue for users ever than before is the incorporation of Digital Rights Management (DRM) software into a game, that can limit the use of the product if they can identify that you don't actually own the product legally. DRM has become a valuable tool for game companies to motivate players to buy a product. DRM includes simple things as having the user register the product once, login to a games online server, or in the worst case scenario, be connected to the internet at all times.

Despite the use of DRM, people still find ways to bypass the restrictions put on the game to ensure that it isn't pirated. With this constant struggle between the user and the game developers, the restrictions are increased in an effort to ensure that the product is actually legal and users will create a bypass for it and then distribute it to others.

As I continue this blog, I will take a look at the continuing struggle between users and developers over the use of the product. The goal is to show the arguments for both parties and in the end to find a solution to the problem. There will always be those who don't want to pay for something, but it needs to be made clear that just isn't the way to go and create incentives for legally obtaining a game.

Read Links:
http://en.wikipedia.org/wiki/Copyright_infringement
http://en.wikipedia.org/wiki/Copyright_infringement_of_software
http://www.joystiq.com/2010/03/01/splinter-cell-conviction-future-ubisoft-pc-games-to-use-intern/