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70% of the Public Finds Piracy Socially Acceptable (torrentfreak.com)
195 points by hoag on March 1, 2011 | hide | past | favorite | 181 comments



Three big caveats that the linked article doesn't sufficiently mention:

1. The study was restricted to Denmark. It was part of a larger study looking at Danish attitudes towards economic lawbreaking: tax evasion, benefits fraud, copyright infringement, taking home company property, etc.

2. The study asked people to rate how acceptable copyright infringement was on a scale from 1 (completely unacceptable) to 10 (completely ok). The 70% figure is everyone who answered anything except 1. But clearly a 2 out of 10 is still not very positive, especially since in context it could simply have meant that someone found it bad, but less bad than e.g. benefits fraud. Only 20% gave an answer >= 7.

3. The study specifically asked about copyright infringement for personal, home use.

---

From the report (rough translation):

Seven out of ten Danes accept to some extent the copying of music and movies without paying for them. So long, mind you, as it is limited to copying for one's own use.

Thus finds the Rockwool Foundation's study of Danish ethical attitudes in 2010.

In the study, a representative sample of people were asked to respond on a scale of 1 to 10, whether it is ok to pirate music from the internet for personal use. Those who believe that this act is acceptable under no circumstances, corresponding to a 1, total 30%.

The rest, i.e. 70%, accept pirate-copying to some degree. 50% give a rating between 2 and 6. They're probably skeptical in relation to piracy, but they seem not to think that it is totally unacceptable. The rest, around 15-20%, rate 7 or higher. This group mostly or fully accepts piracy.

The views are different however for making money on illegal music downloading. The population has a somewhat stricter view on that. In fact, three out of four respond that it is absolutely unacceptable to retrieve pirated music online and resell it to friends.

The difference between the two forms of lawbreaking is also clear in the average for all responses. Piracy for personal use has an average of 3.8 on the scale, while the score for selling to friends is as low as 1.7.


This sort of summarization (read manipulation) of scientific results by news organizations to influence viewership is extremely bothersome. Most people who read that article take it at face value, don't check the sources, and go on with life having been misinformed. I know I would have. Irritating.


To be fair, the TorrentFreak article does mention this rather important detail as well, but it certainly doesn't make a big deal of it and the headline is clearly editorialised to the point of outright falsehood.

Looked at the other way around, more than 80% of those surveyed did not mostly or fully accept that pirate copying is ethical (7+ on a scale of 1-10).


Hmm, going back and reading it again, you're right, the article apart from the headline isn't too bad. I could've sworn some of these details were left out of it initially though. Any good way to check if the article has been updated?


Thanks for the clarification, torrentfreak is a tabloid.


Torrentfreak is a blog.


A blog can be a tabloid. The word tabloid might have its origins in the paper size used in the first ones, but the term doesn't have to stay there.


One's expectations of any particular blog should be no more than that of a tabloid (at best), without sufficient prior evidence to the contrary.


I can't tell whether this is a general philosophical statement or a response to my comment. I don't mind either, but I'd need more on the latter for it to make sense as a response.


I see describing something as a 'tabloid' to be setting it apart as sub-standard, below an acceptable level of quality, in the medium of print. As these standards are much lower (or non-existant) for blogs, it seems a harsh comparison.


I don't know why you'd preemptively lower your expectation of a blog. I start with a high standard and move on if the blog doesn't meet it. Why shouldn't this be the norm? There are more than enough good blogs on any subject to skip the bad ones.


I agree, life's too short for tabloids unless they're really useful, like the National Enquirer if you're a Man In Black, or Techcrunch if you're a startup entrepreneur.


Thanks for covering that.

When people abuse statistics it makes my head hurt. Would it really have been that hard for them to spell it out, as the original article did, in three distinct categories? It speaks to the fact that the answers to the question rest on a continuum.

I'd be curious to see what the results of this study would be if it were conducted in the US.


As I've pointed out before piracy is a misnomer. Sharing has always been an integral part of the way people are exposed to and consume art. There are even institutions that have been built up to support such things for older media: libraries, used book stores, radio stations, museums. We treasure and value such institutions because they help to preserve and to spread our art and our culture.

However, when you take this incredibly vital and ingrained mechanism for spreading appreciation and knowledge of various works of art and you translate it to the limits (or lack thereof) and character of modern communications and storage technologies you get a phenomena which externally is nearly indistinguishable from piracy (at least without further context of individual behavior).

To put it lightly this is a very serious problem. Imagine if libraries and museums were as much legal pariahs as speakeasies during prohibition, how would the world be different? And yet increasingly the collision of outmoded legal frameworks (already bent beyond reasonable measure by the corrupting influence of large "intellectual property" institutions such as Disney and Sony) with technological advancement is leading to conflict and strife between ordinary people engaging in traditionally ordinary behavior and governing institutions who see that behavior as a dangerous threat.

P.S. Whether sharing in the digital realm is compatible with profit is an equally important question, but the onus is on producers to figure that out (current evidence seems to indicate that it's not such a big problem, given record box office revenue in 2010, for example). It's quite simply infeasible (technologically, legally, socially, and culturally) to demand that people stop sharing because the power of sharing and of stealing are too closely related.


Selling used books is not comparable with putting an ebook on PirateBay. Lending books and returning them when you're done reading is also not comparable to putting an ebook on PirateBay. You also can't display the same painting in 2 museums unless one of them is just a cheap copy and people don't appreciate copies in museums.

All cases of "sharing" the "older media" you describe are subject to the laws of scarcity. Even xeroxing a book is subject to it, as the cost of that can be even higher than just buying the book; and is mostly done for technical references for which you can't find the original.

"people sharing" is a romantic notion; in a perfect world there would be no problem with it, but writing a book / creating a game / composing a song / creating a movie - takes time, lots of effort and monetary cost that can be quite substantial.

Would people create movies such as Avatar (in the interest of sharing) if the movie industry would go bankrupted? I doubt it. Would people donate money if movies were released for free? Sharing is all fine for people, as long as it doesn't cost them too much. But few people give away their work for free and even fewer do it for altruistic reasons (it's like "spending other people's money" - how can you not be fine with that?)

      the onus is on producers to figure that out
And they have, with DRM and all that. Only problem with it is that it's a PITA for honest customers, but technology evolves and people always find ways to build better mouse-traps.

So the onus really is on all of us - if you don't like the current legal frameworks, think of something to reward the original authors; otherwise the situation is only going to get worse.


Ugh. I know I'm probably in the minority, but, to me Avatar is a perfect counter-example. Because so much money was involved in its production, to make it a safe bet for a good return on investment, it had to necessarily appeal to the lowest common denominator. Hence the emphasis the flashy technology of production and presentation and basic complete neglect of everything that makes a film _art_.

If the movie industry went bankrupt, people would still create cultural artifacts, and (though I have no evidence for this) I would imagine they would create more meaningful ones. I don't think any of our neolithic ancestors made any money on the paintings at Lasceaux.


"If the movie industry went bankrupt, people would still create cultural artifacts"

But they won't have much "entertainment value" and therefore be disregarded as narcissistic ramblings or self-indulgent drivel. Or, just a hobby.

To have a "value" in a society or to have a cultural impact, one must create compelling works that appeal to a wide swath of the population to which the piece of creative expression is communicating. Perhaps that may take more than one person to accomplish. How do you get a group of people together to perform such a task without a motivational lubricant like money?

"I don't think any of our neolithic ancestors made any money on the paintings at Lasceaux."

There was no money in cave art because, well, there was no money at all. As soon as money was created, so was the minstrel, the portraitist, and the professional writer.


Thanks, those are great points! I have to admit at this point to be forming some of these thoughts as I type. (Also, I should admit replying to the GP mostly because I wanted to complain about the popularity of Avatar.)

But they won't have much "entertainment value" and therefore be disregarded as narcissistic ramblings or self-indulgent drivel. Or, just a hobby.

I disagree. History is littered with profound cultural artifacts that had plenty of "entertainment value" (weird term if you ask me) that did not have a monetary motivation. One might argue that these are in fact the best ones. You point out yourself that cave art preceeded money. Yet, it existed.

To have a "value" in a society or to have a cultural impact, one must create compelling works that appeal to a wide swath of the population to which the piece of creative expression is communicating.

True enough. But I would argue that in general the breadth of that impact is inversely proportional to it's weight. The Pixies (as the first example that comes to mind) influenced a pretty small number of mostly musicians, but that influence was profound enough to inspire bands that would later go on to have a much wider (and more commercial) impact.

I'm sure neither of us believe that money doesn't change the way art is produced. My point is that if you look at the correlation between production cost and final quality (of say, Avatar), if anything (maybe after a certain point), things get worse, not better.


It's worth remembering that Hollywood was created (as a movie making center) to escape the suffocating regulatory environment created by Edison on the East coast (specifically the Motion Picture Patents Company).

This debate isn't helped by demagogues on either side pedaling excluded middle fallacies. The future lies somewhere in the middle, not in either extreme.


But few people give away their work for free and even fewer do it for altruistic reasons (it's like "spending other people's money" - how can you not be fine with that?)

Are you saying the main motivation to create art is profit and/or recognition?

Human history has many examples of altruistic behaviors for art's sake.

You argue people will stop creating because there will be no profit for them to do so (or "lots of effort and monetary cost that can be quite substantial").

I argue if someone is motivated enough and creative enough, that person will find a way to manifest their vision into physical reality.

James Cameron's life during the creation of the movie "Titanic" was not one motivated by profit for profit's sake...

http://www.ew.com/ew/article/0,,290182,00.html


       Are you saying the main motivation to create 
       art is profit and/or recognition?
No, stop twisting my words.

BTW, that article about the Titanic is in total favor of what I said. To break even, the Titanic needed ~ $400 million dollars.

I would totally love to see someone sharing that for free, for art's sake ;-)

      You argue people will stop creating because there will 
      be no profit for them to do so
I'm not talking about profits; I'm talking about revenu. I'm talking about a book author that works on a book for an entire year, during which he has to put food on the table, pay the rent, pay for his son's tuition and live in a decent environment. In my country, the best poet we've had, a pure genius, lived in inhuman conditions and died at 39 years old because of syphilis.

Are you by any chance suggesting that they are paid too much?


Do you think the genius poet would have been inspired living in a mansion, every need catered to by servants?

You validated my point. The best poet was not motivated by revenue, and althought I do not know, was probably not worried of others disseminating their work.

Creating art for art's sake, not to pay for the offspring's tuition bills.


Some of the greatest pieces of expression that have endured the test of time and taste (from the ceiling of the Sistine Chapel to Norman Rockwell's most iconic American slices of life to Hemingway's "The Sun Also Rises") were almost resoundingly commissioned works, the artist working full time on their craft and getting paid to do so. Most artists are career changers, going from a "normal" job to one of creativity and artistry.

Even John Keats, the "poster boy" for poetic works of unending beauty and pure inspiration, quit his job as a surgeon-in-training to become a full-time published-and-paid poet. He could've easily worked his day job as a surgeon and moonlighted as a for-free poet by night. His primary goal was to be a poet, and he found the only way to do so was by making it his career.

Even Vincent Van Gogh, the more modern keeper of raw artistic expression, pined for more people to buy his work, not the least of reasons being to fend off abject poverty, but also as a validation of the style he admittedly created. He was resigned in his later years to live off his brother as he painted prodigiously, but by that point he was in the throes of psychosis. Is that what you meant by "art for art's sake"?

It's surely a romantic notion that artists draw forth passionate forms of expression from fending off psychological defect, hungry bellies, and harsh surroundings. But the truth is, every one of those artists to a person wanted to get paid doing what they do. Perhaps the money is a validation, or incidental being a published or culturally accepted artist, or simply a means to an end. Doesn't matter a whit. They want to do what they want to do full-time.

In other words, "Shakespeare got to get paid, son"[1]

[1] http://i.imgur.com/cyIGF.jpg


In the arts, like in any field, you only get better by immersing yourself in it and it's hard to do that when you have to treat it like a hobby rather than a job.

Ask yourself what level of talent you would have right now if there was zero money in coding or designing software, and you just did it on evenings and weekends, when you were not working your full time job in retail or food services to scrape by?

There is just something disturbing to me about this idea that people should be suffering so that others can read better poetry on their comfy 100k tech salaries.


"Ask yourself what level of talent you would have right now if there was zero money in coding or designing software"

That's actually part of the reason why I find it so delicious that there are people outside of Computer Science that are hitting it big in Web and mobile apps; it's a validation that anyone can do the work of a CS grad just as anyone can write a novel or paint a picture; it just takes time and effort and acquiring skills.


I'll go along with bad_user's example of Avatar.

From Wiki: "Avatar was officially budgeted at $237 million.[3] Other estimates put the cost between $280 million and $310 million for production and at $150 million for promotion."

So, I'd have to agree. At those costs, I don't think any amount of creativity or motivation could get that creator over the hump if all they had to look forward to was a bunch of people torrenting their creation.

I view the choice as simple. If you don't want to pay, in some regard, then don't watch the movie. Everyone has a choice. And nowadays the choice is easy... wait a few months and pay a $1 from Redbox if that's all its worth. Or get it through Netflix. At least the team gets SOMETHING for it.


If you don't want to pay, you don't have to pay. Ever snuck into an extra movie in the theatre when you were a kid, or had a friend who worked at the theatre get you in to a free show?

In your Avator example, had their been a group of motivated people willing to pursue the creative goal of James Cameron's vision in spite of monetary compensation, $237 million would not be required. Some sort of 501c3 action movie production company.


There have been no instances of altruistic people creating a movie valued at over two hundred million dollars, nor would piracy be justified if such an instance existed.


I actually haven't snuck into an extra movie. But, to be fair, I have downloaded movies and music.

I just grew up and don't find the need to do that anymore. With services like Pandora and Slacker Radio, and a ton of pay per song models, I don't need to steal music anymore.

With Netflix and Redbox, it is worth a few bucks to keep the artists creating so that I can keep enjoying their work.

People who justify piracy either A) Haven't grown up, B) Don't work for a living so they don't understand how important it is to get paid for their work, or C) Are selfish and feel the world owes them something.

Maybe a mixture of the above.


And they have, with DRM and all that. Only problem with it is that it's a PITA for honest customers, but technology evolves and people always find ways to build better mouse-traps.

i.e. publish serially and demand advances, like authors used to do.


Avatar is an interesting choice to make an example of, since copying it degrades a lot more information than copying normal, non3d movies. That is, by whatching it in a cinema, you get a better experience than if you download it (since you lose the 3d effects).


Selling used books is not comparable with putting an ebook on PirateBay. Lending books and returning them when you're done reading is also not comparable to putting an ebook on PirateBay. You also can't display the same painting in 2 museums unless one of them is just a cheap copy and people don't appreciate copies in museums.

All cases of "sharing" the "older media" you describe are subject to the laws of scarcity. Even xeroxing a book is subject to it, as the cost of that can be even higher than just buying the book; and is mostly done for technical references for which you can't find the original.

I think you might be missing my point. My point isn't that piracy doesn't exist, it does, my point is that sharing also exists and in the digital realm it is easily confused with piracy. A library allows a great number of people to read a book without any of them paying a dime to the author. In many ways it's fundamentally comparable to piracy, potentially hundreds of people a year can read a book while the author is only compensated for the purchase of a single book. However, we tolerate and indeed celebrate such things because we recognize that there is a tradeoff between the necessity of financial reward for creating art and the necessity of spreading the consumption of art by lowering the financial barriers to access.

However, while scarcity is intrinsic with physical goods it is not so with digital goods. Thus, when you translate an ordinary library into the digital realm without imposing artificial scarcity you get something that is fundamentally indistinguishable from pirate bay.

"people sharing" is a romantic notion; in a perfect world there would be no problem with it, but writing a book / creating a game / composing a song / creating a movie - takes time, lots of effort and monetary cost that can be quite substantial.

Would people create movies such as Avatar (in the interest of sharing) if the movie industry would go bankrupted? I doubt it. Would people donate money if movies were released for free? Sharing is all fine for people, as long as it doesn't cost them too much. But few people give away their work for free and even fewer do it for altruistic reasons (it's like "spending other people's money" - how can you not be fine with that?)

This is a false dichotomy. If all unregulated digital distribution were piracy then you would be correct, people would stop paying for goods that were available digitally and it would become difficult for more such things to be created, as creators would no longer be supported financially in doing so. However, that's not how things have played out. Avatar is a good example. It was almost certainly available online in clean, high-def versions while it was still in theaters and long before it was available on DVD. With just a few clicks and some waiting anyone of hundreds of millions of people could have downloaded and watched it, without paying James Cameron anything. And indeed many did. But none of this forestalled the massive financial success of the movie, both at the box office and in later DVD, blu-ray, and streaming sales.

This is not an isolated phenomenon. The ability to "pirate" digital media has been widely available and widely known for many years. And yet the music, movie, television, and book industries have not collapsed. Indeed, in the case of the movie industry it had a banner year in 2010. How can this be? There is no possible interpretation of the data which is compatible with the notion that huge numbers of people who engage in "piracy" are not also spending lots of money on media. Under the "all unregulated digital distribution is piracy" model this doesn't make sense. However, under the piracy + sharing model it not only makes perfect sense but is a predicted phenomenon of that model.

Despite this evidence that there is more to media "piracy" than just piracy many people refuse to accept it. But in order to proceed to a sane enforcement of laws and a healthy industry where content creators are rewarded for their creations we must see and acknowledge what is actually going on.

_the onus is on producers to figure that out_

And they have, with DRM and all that. Only problem with it is that it's a PITA for honest customers, but technology evolves and people always find ways to build better mouse-traps.

DRM very rarely works. DRM on movies, tv, and music does not work. Every example of DRM trying to impose artificial scarcity on these media has been utterly broken. It takes only a matter of seconds to begin downloading blu-ray rips. And yet despite this, as I've said, the industry still makes tons of money. Indeed, even when digital media is distributed without DRM (as is increasingly the case for music through Amazon MP3, iTunes, and other distributors) the world doesn't end, and artists still make money.

So the onus really is on all of us - if you don't like the current legal frameworks, think of something to reward the original authors; otherwise the situation is only going to get worse.

You seem to think that the situation has been getting worse, but it hasn't. In fact, the situation has been getting better. The lower costs and barriers of digital distribution, with or without DRM, has enabled artists to gain a higher share of the revenues of their work. And has enabled more artists to get into business who would otherwise have been too marginal to have been accepted into the industry. There are many examples now of artists giving away their work in exchange for variable donations (down to none), many of these have been hugely successful in generating revenue.

The problem we face today is not to find some desperate measure to divert us from the inevitable desolate wasteland of rampant piracy and starving artists. Rather, the problem we face is to acknowledge and accept the reality of digital goods and to come up with legal frameworks and business models which embrace the natural strengths of digital goods rather than denying them and pretending we can model this new media landscape by pasting a map of old media on top of it and changing a few of the labels.


      If all unregulated digital distribution were piracy then 
      you would be correct
I was thinking about trends.

Selling digital goods is obviously flawed right now; as you said, and you are right - because copying and sharing is so damn easy to do (and human nature too).

Heck, I "share" lots of stuff myself; then I start feeling guilty and purchase some of that stuff.

It's a trend that I worry about; because I'm also in the business of selling digital goods; but I also feel that the legal frameworks have been stretched too far and that DRM is really all about artificial restrictions, not "rights", which is just wrong.

I guess on the Internet the long tail works and some authors are doing quite well because of it. But technology is so disruptive in this case that it will shake a lot of bones :) - and this situation might be comparable to the end of The Renaissance period.


"DRM very rarely works. DRM on movies, tv, and music does not work. Every example of DRM trying to impose artificial scarcity on these media has been utterly broken."

Since you say there is no scarcity, create Photoshop for me without making a copy. How about a Metallica album? Oh? you can't?...that means that not everybody can create it..and there is scarcity. You (and every other person that tries to make the case for piracy) claim that the scarcity is in the copy..when it's actually in the creation.

"Indeed, even when digital media is distributed without DRM (as is increasingly the case for music through Amazon MP3, iTunes, and other distributors) the world doesn't end, and artists still make money."

You need to look at the big picture. Movies (and anything digital) are only about what people are willing to pay. Right now, piracy still has some stigma attached to it and most people will pay rather than pirate. If everyone knew they could get something for free, the value would eventually be $0, which will make it impossible for anyone to make money (or even recoup the initial costs). Since software isn't worth $0, I would say DRM has done a pretty good job.

A good example of this is iPhone apps. For the most part, you can't charge more than a few dollars, because that's what people are willing to pay.

"There are many examples now of artists giving away their work in exchange for variable donations (down to none), many of these have been hugely successful in generating revenue."

This isn't a viable business model. Donations only work so far. There are also many examples of people that asked for donations, had thousands of downloads, and got very little in revenue.

It's funny there aren't more people that have your views on things such as the GNU/GPL licenses. Since there is no scarcity with digital goods, am I really hurting anyone when I use GNU licensed code in my proprietary app (the original code is still 'free')? But, whenever there is a discussion on copyright infringement, people talk it's not theft yet when the guy from thesis used GNU code and didn't release it under the GNU license, it was called 'theft' by many people here on HN. It's because of this that I can't take the movement seriously.


I'm not making a case for piracy. I'm making a case that there's more to unregulated digital distribution than just piracy. The mistaken belief that there is only piracy is fundamentally incompatible with developing healthy and profitable legal frameworks and business models for digital goods.


no, you are trying to make the case that piracy is merely sharing, which is wrong.


He seems to be making the case that a business model that insists that there is no difference between sharing and piracy is not likely to succeed long term.


Unless I am misremembering, decriminalizing drugs in Portugal led to less people using them. Going from this, criminalizing libraries might be the best thing that could ever happen to education.


I love the irony of large corporations trying to lecture me on ethics and morality. Totally agreed, if someone invented the Library today they would be sued out of existence, and look at all the good that public libraries have done to our culture.


Libraries buy copies, and then lend out those copies. Pirates make an arbitrary number of copies and give those out. These are not comparable.


That's just a function of the different technologies, not the attitudes.


No, it's not. There is a practical limit -- and it's a low one -- on how many people can borrow and benefit from a single copy of a book, even if a library buys that copy and then lends it out freely to the public. If everyone wanted to rely on a library model instead of buying their own copies, libraries would have to buy many more copies. Thus the people behind the book would still get compensated, and thus the loop would be closed and there would be a meaningful incentive to create and share books in the first place. This isn't a matter of attitude, it's a matter of practical economics.


> There is a practical limit -- and it's a low one -- on how many people can borrow and benefit from a single copy of a book.

That's what I mean by technology. Book technology is expensive to copy compared to a digital file.

Looking at the big picture of libraries, I can go get a book and read it for free, just the same as downloading a text file. The attitude of libraries is that books should be available to read for free. Libraries are not for profit.


But it's not the same, is it? With a library, you have to wait until the book is in stock, which it won't be if their copy/copies are all on loan to other people. Whatever you consider their attitude to be, the bottom line is that they are still paying the people who make the books for those books, and the more people are going to benefit from the books, the more the people behind the books are going to get paid. The economic incentive to produce the book in the first place is still there, it's just a different guy settling the bill.

With digital files, that isn't the case. The technology doesn't have just a simple, quantitative effect, such as halving the money going to those who make the books for each copy. The change is qualitative, undermining the entire economic model that physical books allowed.


Authors do benefit from libraries; not as much as if everyone bought every book they ever read, but enough.

Public libraries actually have efficient economic properties from a macroeconomic perspective that governments should try to replicate and extend: * Authors are paid by the government on behalf of the public in proportion to the demand for their work (libraries buy more copies of popular books to meet demand from patrons). * The public pay the same amount no matter how much information they consume (via their taxes).

From a macroeconomic perspective, information has different properties to physical goods: * Information has high fixed costs, and low variable costs. * Variable costs of disseminating information can be spread to individuals other than the original creator. * Once the fixed cost of information that improves productivity is met, the most efficient outcome is to distribute the information as widely as possible.

Therefore, there should be a way to compensate information creators in proportion to value to society, without imposing a price disincentive to consume information.

One way to do this would be to have an alternative economic system for digital works where there is no limit on how much digital information an individual or company can consume after they have paid a fixed amount in the main system, with allocation of the individual's total in proportion to some metric - such systems are tricky to get right while not incentivising dividing up one invention / work into small pieces or creating complex entity structures to game the system.


> Whether sharing in the digital realm is compatible with profit is an equally important question, but the onus is on producers to figure that out (current evidence seems to indicate that it's not such a big problem, given record box office revenue in 2010, for example).

Part of the problem with the piracy debate is that advocates of unrestricted personal use copying tend to pitch it as sticking it to The Man, where the man in question is a big name movie studio that puts annoying unskippable messages on the front of every DVD or a record label that charged absurd prices for CD singles for a few years.

This is a problem because (a) many smaller companies and individuals rely on copyright protection just to make a living, and (b) many copyright-protected works are developed because they are useful rather than because they are inherently fun to work on, artistic, or otherwise worthy of volunteer effort. In their haste to show that Big Media "can afford it", critics of copyright seem amazingly willing to overlook the number of small businesses from inde games developers to niche publishing houses that have been going to the wall in recent years as the Internet has made copying quick, easy, and practically free.

There is a valid argument when assessing damages from copyright infringement that not every copy made necessarily represents a lost sale. You can't know for sure either whether everyone would have bought the product at its legal asking price or whether the free but illegal distribution channels have positive effects on legal sales because of secondary effects like advertising.

However, there is also a valid argument that we don't really know how much work would be created in a world where copyright was fully respected or could be strictly enforced, but never gets made because the current illegal activity makes it too risky to get a project off the ground in the first place.

> It's quite simply infeasible (technologically, legally, socially, and culturally) to demand that people stop sharing because the power of sharing and of stealing are too closely related.

People used to make that sort of argument about driving after a couple of pints at lunch time and about driving while using a phone. They were always better than everyone else, and what harm did it really do?

And yet, today there is no doubt in the mind of anyone who has seen the real evidence, or worse, the result of a driver who overestimated their competence and caused a crash, that we should not condone bad driving just because it means some people will have to suffer some minor inconvenience.

The trouble with the copyright debate is that while we have ample empirical data to support policy on driving law at this point, we simply don't know exactly the effects of different models for promoting content distibution to consumers while still incentivising the original creation and sharing by artists.


Re: the problem of indie developers dying due to copying being quick and easy.

The appropriate response is to embrace it as Valve has with Steam. The low incremental costs of distribution allow new business models such as "steam sales". This model has generated literally billions of dollars for Valve and other game makers. And in several instances small game companies have come back from the brink of death.

You can fight against the grain or you can work with it (steam, amazon mp3, humble indie bundle, etc.) The idea that taking advantage of the characteristics of digital goods is akin to surrendering to piracy and thus an end to all revenue for creators is profoundly mistaken. Above all else that's the point I'm trying to make.


Sorry, but I don't understand how your argument works. Steam is one of the businesses with a smart business model, sure, but it still basically relies on copyright to keep the hordes in order.

Take copyright away so everyone, including those who currently follow the law, is free to copy as much as they want from wherever they want, and channels like BitTorrent rapidly become more viable. For one thing, more people would soon learn to use them, and their effectiveness increases with the networking effect. For another thing, you don't have to hide your identity if you're sharing ripped stuff any more so the "poisoning the well" tactic by copyright holders becomes almost worthless.

I suspect the optimum model in the absence of any copyright at all may be as simple as free distribution and inviting donations, but given that people have tried this and a tiny fraction of users ever donate anything at all, that's a pretty unappealing prospect if you're the guy looking at investing years and millions in building good software for others to enjoy. I have seen a few other funding/incentive models advocated in similar debates in the past, but usually the administrative burden and risks when you think them through in detail make today's copyright mess look the epitome of elegance.


With Steam Valve understands the problems of DRM and the disruptive nature of digital distribution. They appreciate that you can't just slap DRM on digital goods and pretend that they are now effectively identical to physical goods (where scarcity can be controlled more easily). Thus they make sure to offer many inducements to sweeten the pot after souring it with DRM. They make distribution easy rather than a chore, they add new features (like "steam cloud" configuration management, multiplayer conveniences and social software functionality), and they leverage the digital nature of goods to put on incredible sales (where sometimes you can buy a fairly recent game for as little as a few dollars, right now you can buy Braid, an award winning game released just a little over 2 years ago for $3).

There is nothing fundamentally uncrackable about the DRM of any games available through Steam. Indeed, many games on Steam are available in cracked versions. Nevertheless, this doesn't change the value of Steam or the ability of Steam to do amazing business. Often times it's just plain easier and better to buy a game through Steam than to go to the trouble of pirating it. That's very much a part of Steam's business model. Embracing digital distribution and adding value to digital ownership, in contrast to the typical approach which is to poison digital ownership in the hopes of crippling it enough to make it conform to the characteristics of physical ownership (i.e. constrained scarcity).

As to open donation models, I think you have a misconception about the idea. It is utterly irrelevant if the number of people who donate anything is vastly exceeded by the number of people who play a game (or listen to music, or watch a movie) without paying anything. What matters is the total revenue. If you can make more revenue by having 2,5, or 10 times as many people donate money even though 100x as many people donate nothing. This situation may tickle your "unfairness" sense (but to that I'd ask, do lending libraries do so as well?) but at the end of the day the artist still nevertheless has paid the rent and put food on the table, and that's what's important.


I understand what you're saying, but I still don't see how your argument is convincing. Almost everything you said about Steam there might be true today, but if everyone was legally allowed to openly redistribute content, most of the potential advantages Steam offers by not sucking as much as the other approaches today still disappear. It all comes down to convenience and reliability, and I see no reason to believe that social networking tools wouldn't quickly evolve at least as much of both as any centralised, controlled service. After all, this has been happening within the modding community for years.

As far as donations, I do understand that the point isn't whether everyone pays. However, you still need whatever total you raise from whoever does donate to be worthwhile. Given that (a) there is nothing in today's law stopping someone from adopting that approach if it truly provides a better incentive to share their work, (b) various people have tried, and (c) I'm still waiting to hear about the market-changing success stories, I think a major cultural shift would be required before a purely donation-based model could provide incentives as effective as even the broken copyright mechanisms we have today.


Well said.

However another argument: If 99% of the people thought that every 18 year old female must be raped repeatedly until shes 19, will that make it right? A lesser example. If every man believed that a woman must be whipped in public for not wearing the appropriate clothing, is it right? If every man believed that a woman cheating on her husband is grounds for execution, while a husband cheating on his wife is completely acceptable. Is all that moral or right? Consensus does not mean morality.

I feel that InclinedPlane's points raise the correct questions: What part of "piracy" is what people feel is sharing/socially acceptable behaviors taken from the physical to the digital world, and what part is really theft. Intent is important. And how do we separate the theft intent from the sharing intent.

Also another point: Perceived value. If by now people perceive music as worthless commodities, to them downloading it illegally is moral BECAUSE they feel that buying it is a rip off. They are buying something of no value. This could be a side-effect of theft they committed in the past. The content industry must change from "steal and we'll fucking sue" to "steal and you will miss out on big values of the product"


I've just read this in "Against intellectual monopoly" page 296 ( http://levine.sscnet.ucla.edu/general/intellectual/againstfi... ) :

Social norms are not a topic in which we are especially expert. Still, it is a relevant topic: property rights are never enforced only by the law-and-order system, or even by costly private monitoring of other people's behavior. Broadly accepted and well functioning property rights systems rest also, one is tempted to write "primarily," on a commonly shared sense of morality.

Then it quotes another economist, Eric Rasmusen :

Video rental stores and libraries, of course, reduce originator profits and hurt innovation, but that is a utilitarian concern. What is of more ethical concern is that whenever, for example, someone borrows a book from the public library instead of buying a book, he has deprived the author of the fruits of his labor and participated in reducing the author's power to control his self- expression. Thus, if it is immoral to violate a book's copyright, so too it would seem to be immoral to use public libraries. Libraries are not illegal, but the law's injustice would be no reason for a moral person to do unjust things. The existence of children's sections would be particularly heinous, as encouraging children to steal.

To entirely deter copying would require a norm inflicting a considerable amount of guilt on copiers, since legal enforcement of copying by individuals is so difficult. To partially deter it would be undesirable for two reasons. First, it would generate a large amount of disutility while failing to deter the target misbehavior. Second, it would reduce the effectiveness of guilt in other situations, by pushing so many people over the threshold of being moral reprobates. At the same time, the benefit from deterring copying by individuals, the increased incentive for creation of new products, is relatively small. I thus conclude that people _should_not_feel_guilty_about_copying_.


> well functioning property rights systems rest also, one is tempted to write "primarily," on a commonly shared sense of morality.

I feel that is true of most general laws -- for example basic law and order is hinged on a collective sense of morality. If 80% of the population decided all of the sudden to riot, break windows, and flip over cars, there are just not enough policemen to keep the peace. But it just so happens that most people do not find that behavior acceptable and would actually step in to help enforce the peace.

When it comes to information products, I think it is very simple (and this just my uneducated feeling) -- individuals see it as copying not stealing. They copy a product, but the owner still has the original. In their minds there is a huge difference between that and walking into an individual's backyard and taking a shovel from the shed.

Now I know it is a copyright issue and each stolen copy is potentially a lost sale, but I am just highlighting how I think the majority thinks about it.


> Now I know it is a copyright issue and each stolen copy is potentially a lost sale [...]

This has been debunken countless times. I think there isn't anyone but the RIAA to still pretend this.


Really, this has been debunked? If I can get something at a cheaper cost (whether by stealing or some legal mechanism) then I won't get it from another mechanism.

For example, I used to rent seasons of shows on DVD (and on some rare occassion bought boxed sets from Costco). Haven't done that in years. Just wait for Netflix. Now Netflix isn't stealing, BUT if bit torrents just became completely legal right now, I'd probably cancel my Netflix subscription.

I'm not saying that every "stolen" copy is a lost sale, but it does sound like the potential qualifier is pretty accurate.


I think the reason to the strong reaction against the term "potential lost sale" is because this is often used by the *IAA to then massively overstate the losses from piracy. It has the potential to be a lost sale, but the question is how likely was that person to buy the product if an illegal version had not existed?

For example, without piracy, many of my friends (young twenties/teens, so we grew up with piracy) wouldn't have the same taste in music or movies without piracy because we simply would have never found a lot of the stuff we now greatly enjoy. The chances they would have purchased a good deal of their favorite media without piracy existing are utterly minuscule, and to say it's a possible lost sale somewhat glosses over the details, although it is technically correct. That's not to say all piracy would never be purchased, but I think that's the case for a lot of piracy. This is just my personal opinion, but I believe I've seen more statistics that point this way than.


It's not even a logical assumption in the first place — just one that the _AAs have tried very hard to push. Look at any paid product's conversion rates and then try to say with a straight face that every illegal download is potentially a lost sale. The "potential" is extremely low, similar to how every trip to the supermarket is a potential mugging. I would guess that only one in fifty is even potentially a lost sale in any meaningful sense. (And that's not even factoring in the converse truth that some percentage of piracy actually amounts to gained sales from the pirates either paying for a later version or getting their friends to do so)

Regardless of your stance on piracy, the "illegal download ≅ lost sale" numbers are not remotely reasonable.


All of the stories that bother to look at numbers seem to look something like this: http://www.gamasutra.com/php-bin/news_index.php?story=17350 http://www.wired.com/gamelife/2009/04/stardock-88-per/

In games, pirates seem to outnumber legitimate customers roughly 9:1, but pirates convert to legitimate customers (in the face of DRM or other obstruction of the pirated form) at a rough rate of 1 customer per 1000 defrayed pirates.

Musically? Looking at Radiohead's In Rainbows, 'most customers' paid nothing, but the album still netted more money in two months than their previous album had in four years. (https://secure.wikimedia.org/wikipedia/en/wiki/In_Rainbows#S...)

Saul Williams had a relatively contemporary offering of a free/$5 album that in two months (and with producer Trent Reznor's extra exposure) sold as many copies as his previous album had sold in four years while garnering four times as many free downloads. He's had two albums since, but I don't know what the sales are like for either of them.

It's also worth noting that there were a fair number of torrented downloads of both albums, which should shift numbers closer to the observed game piracy numbers.


So what do they propose to avoid the underproduction of "information goods"?


Well, they made a whole book about this :) They argue that the "first mover" advantage is actually large enough to take care of the problem in the case of both books and pharmaceuticals; music isn't actually a problem as people actually making it earn close to nothing from reproduction anyway; software wouldn't be so much different than it is now, etc.

They take the quite extreme point of view that all intellectual property should be completely abolished. They make IMO a definitive point on the complete uselessness of patents in general; the case against copyright and trademarks is somewhat less clear.


> Well, they made a whole book about this

Sure, I skimmed it a bit, but don't have time to read it at the moment.

As for the summary of their points, thanks for posting them - I think there's ample room for debate, and that each thing is probably a bit different - software patents are different from drug patents, for instance.


What arguments do they make about patents that do not apply well to copyright? Do they take any position on trade secret protections?


Patents has been used exclusively to stifle competition and have a very bad record of actually hampering progress. Even the canonical case of pharma is debunked thoroughly.

For copyright, the case is quite clear too, though it may still be possible that a short copyright (14 years, for instance) may still be better than nothing at all.

Trade secrecy are treated page 188. Basically, it is much more used than patents, so suppressing patents won't change things much. Revealing secrets through patents is very inefficient anyway.


Do you currently feel that the existence of libraries is contributing to that purported underproduction?

Maybe you should redefine your "normal" level of production? There are two, valid, competing concerns here, that of the content producer and that of society. After all, the point of copyright, according to the US constitution is to "promote the Progress of Science and useful Arts". Allowing content producers to make money is merely a means to that end, not an end onto itself.


> Do you currently feel that the existence of libraries is contributing to that purported underproduction?

Not really. I don't think it overlaps enough to cause much of a problem. They don't have the ease of use that downloading stuff does.

> Maybe you should redefine your "normal" level of production?

Without any IP laws, you could, in a thought-experiment world, spend millions of dollars to create a movie, release it, and not make one dime back on it. That would be the last such movie produced. That's "underproduction".

> Allowing content producers to make money is merely a means to that end, not an end onto itself.

Oh, I agree completely with that. Historically, it's been a pretty good means to that end as well. Lately, many cracks are appearing in the foundations, but I have yet to read of a convincing replacement for it. I think things like MacOS, Hollywood movies (well, some of them), and books by professional authors are a good thing for the world, and am not sure that amateurs will replace them.


  > Without any IP laws, you could, in a thought-experiment
  > world, spend millions of dollars to create a movie,
  > release it, and not make one dime back on it. That would
  > be the last such movie produced. That's "underproduction".
This is technically true, but IP laws don't provide any guarantee to the contrary. They are irrelevant to that thought experiment. Copyright does not guarantee profit.

There's a decent argument to be made that this would happen more often without IP laws, but then you're moving away from the thought-experiment world. Doing that makes it not clear-cut.


All of this is anything but clear-cut. However, I think that in a no-IP world, producing 'commercial' movies as we now know them would be far trickier.

Of course copyright does not 'guarantee' profit: you can make a shitty movie and lose money. However it provides some protection for content producers and indicates a fairly clear path to making money: make something and sell it.


Libraries are different in that they don't remove scarcity, giving a value proposition for both purchasing the book and the library option, if the books are borrowed out further people are unable to read the book at the same time.

A digital example where there is a balance would be iOS, you don't see big antipiracy efforts from developers because there is plenty of market happy to pay for goods.

The real issue is when a content producer can't make anything at all on their time/ money investment, libraries on the whole have never caused this the way digital downloads may.


Point 1, by this logic, I would be more likely to buy a new DVD release of a movie if the video rental store was currently out of stock of said movie to rent.

Point 2, please review http://news.ycombinator.com/item?id=2112207

The real issue is whether we see them as "content producers" or artists, or maybe a bit of the two.


I would think people would be with point one, more so with books at a library where the wait is usually going to be longer than a day. That app you liked does support the current logic of most iOS developers, the high piracy lead to higher sales so it's not worth doing anything about. If at some point in the future though the piracy made sales so low as to not make the investment in making the app worth wild then you have a problem.

I use the words artists and content producers interchangeably, I guess thinking in terms of the word artist makes their work sound more unique and valuable than content producer.


I can't speak for them; my viewpoint is that since information goods are non rivalrous and non excludable, they are likely to be underproduced, and therefore it makes sense to fund them from public subsidy.

But how to channel taxes to produce the information goods people want? My proposal is to set up a series of "Content Compensation Funds" and taxpayers get to choose which fund their taxes go to -- http://cabalamat.wordpress.com/2009/01/27/a-broadband-tax-fo...


> and therefore it makes sense to fund them from public subsidy.

Woah, that's just one way of ensuring that they are produced: http://en.wikipedia.org/wiki/Public_good#Possible_solutions

I am no free-market fundamentalist, but I think the idea of the government sticking its nose into the production of books, movies, music and software to that degree is not entirely to my liking. It also has a number of practical issues: someone could happily snarf down zillion-dollar blockbuster movies, yet dedicate all their taxes to some indie musician they like. At least it has some semblance of a market to it, rather than simply having the Minister of Information Goods who decides who gets what, but I'm not convinced it's as good as a "real" market.


That's funny because, imho, patents and copyrights are "the government sticking its nose into the production of books, movies, music and software to a degree that is not entirely to my liking". They also have a number of practical issues e.g. investment in minor, yet patentable, variations on drugs rather than more fundamental research on non-patentable innovations or lobbying to extend copyright terms funded by those receiving the money from copyrights. I'm not convinced it's as good as a "real" market.


Yeah, like I said elsewhere, the current system has problems - some of them serious - but I have yet to see anything that makes a lot of sense as a replacement. And yes, it's not a 100% "real" market, and thus the quotes - I didn't realize I'd need to spell it out. I thought it's obvious to anyone who studies this stuff that IP is only "property" due to laws and regulations, rather than some natural state of rivalrousness and excludability, like an automobile.

My best guess is that reconfiguring the current compromise in favor of consumers, rather than some producers (copyright extensions, etc...) might be the best course of action, but I am not convinced 100% of anything.


It is obvious that IP only exists thanks to governments, that's why it's odd to be complaining about Government intervention when all that is being proposed is a different kind of government intervention to correct market failures.

I copied the "quotes" on real because it applies to both solutions, in both cases you're creating some kind of market with the hope that it functions better than no market at all, or any alternative market.

The problem (or at least part of it) is that people, even those that have thought about it for a while, are too quick to accept the current IP mess as natural, unchangeable, morally correct and real, when it is none of those things.


I think the sort of IP market that existed prior to fast broadband and easily reproducible goods is a lot closer to a functioning market than wonky systems where all users of broadband are taxed and can 'spend' their taxes on things they don't consume, completely out of proportion to their actual costs to produce.

I'm not saying public subsidies should be off the table, just that this proposal and others I've seen don't seem to be as good as reforming the current system.


I think the type of market before IP protection when authors published serially and collected advances (e.g. Dostoyevsky, Dickens) was closer to a functioning market than the current system where authors, programmers, and pharmaceutical companies shoot their whole wads into the market and hope for a return on their sunk costs rather than attempting to actually sell their labor.


IP laws can be a net win for everyone. Let's leave the giants like MSFT be and use a simple example:

Dentist needs billing software. He's going to pay through the nose and face a free rider problem if he just pays some guy straight up to write it and release it under a liberal open source license. The software may not get written at all!

If, OTOH, the developer says he'll take a tenth of what it costs him to write it, and the dentist introduces him to 20 of his friends, the dentists all pay less than the labor costs, and the developer makes more money. And the software gets written.

Sure, simplified a lot, and ignoring various options, but you get the idea.


Of course, if the guy just goes Software as a Service in the first place, the IP laws are moot.


Unless one of his employees walks out with the source code and starts a rival firm.

Granted, it takes a lot more than that to be in business, but the IP laws give you some protection against things like that.


> It also has a number of practical issues: someone could happily snarf down zillion-dollar blockbuster movies, yet dedicate all their taxes to some indie musician they like.

If a person thinks the level of production of zillion-dollar movies is OK, but that there should be more indie musicians, that would be a sensible thing for them to do. If lots of people think like that, then the sorts of information goods they like will become better-funded, and information goods that few people like will become less well funded, which is surely a feature rather than a bug.

The purpose of an economy is to make things people want; I believe my solution achieves that. Of course, I don't think it's the only way information goods will be funded, or necessarily even the largest one. I think the Coasian solution -- where people group together to commission a work -- is attractive, and will become increasingly important as the internet reduces transaction costs.


Hey, I like the Mighty Boosh!


Rhetorical question that I really want to hear the answer to: What would underproduction mean? Kids on the streets begging for mp3s?


Underproduction is simple. You'll notice it when you find yourself lurking on the 'Net to find something that would suit your desires, and find none (or spend a long time until you find something). When there are too many such cases (so it's not just picky guys lurking for rare things) — it would mean that there's an underproduction.

For example, at some time you feel a desire to watch some hard sci-fi present-to-past accidental time travel causing an alternate war history movie¹, but don't know any, except for those you've already watched. And you fire off a new tab and start lurking around.

Not exactly kids on the steets begging for MP3s, but someone spending considerate amount on time begging^W searching for something they want, but don't know.

___

1) Hopefully, that — while still being somehow generic — would be a quite narrow definition where not too many movies would fit.


At the extreme end: imagine the world without any commercial:

* Software

* Pharmaceuticals

* Books

* Music

* Movies

Now, I'm not saying that we'd arrive at that extreme, but you get the idea, no? That's "underproduction" in my mind - it'd be a poorer world with drastically smaller quantities of those things.


Leaving aside lack of pharmaceuticals, you describe my personal utopia.


Are the AA's and their equivalents not shooting themselves in the foot? Framing the argument in the way they have done (piracy is KILLING art) might work for a while but sooner or later a thinking person will come to realise that it really doesn't. Home taping didn't kill anything. Of course, if everyone suddenly stopped buying and only used torrents then the system would collapse, but will that happen? If everyone stopped paying taxes the country would collapse too. No country has an army big enough to enforce that.

You smoke pot, you're a drug-crazed menaced. Except millions already do, they just keep it quiet (from the law at least). The more you push the drug-crazed menace part, the more anyone will any sense will push back as it's demonstrably untrue.

It might work great as a short term strategy and help you get favourable laws passed but I think they might be approaching the end of the line soon.

No need to be too sore though, Mickey Mouse has had a better run than virtually anyone in history.


Look at something like this:

http://www.nytimes.com/imagepages/2010/03/01/business/01eboo...

So $4 out of the $26 I pay for a hardcover book goes to the person who is actually responsible for the content? I submit paying $22 in rent is ridiculous, and as long as something like this holds true, thepiratebay looks pretty good.

I buy a lot of ebooks in the $10 range, and I would buy even more in the $5 range -- especially if the $5 went to the person who actually wrote the book.


I can understand that, but I can also see the other side. Editors, proofreaders, marketing, binding, printing, sales, distribution etc etc. The author doesn't pay for those. With ebooks you can drop the binding & printing but the rest still applies.

I'll concede there will be cases where the mark up is over the top, but you aren't just paying for the actual words.


I'm a relatively poor startup founder and I can't say the $5 different is yet to sway me on ebooks, quiet happy to pay $10, although I'm not the fastest reader around. Above $10 though pushes it and $20 feels over the mark to me unless it's something directed at a niche audience.


Something that's always irked me is that the recording industry, and artists themselves, seem to have this notion that every advance in technology should benefit them, despite them often having no effort in the development of these technologies.

Secondly, I imagine most everyone here has seen that picture of what its like watching a non-pirated dvd vs a pirated one.....the non-pirated one takes forever to get through all their copyright warnings, movie previews, etc. If they'd show their paying customers a bit more respect they might get some in return.


I doubt it. Most of these warnings and previews that you mention are the direct result of piracy. I also don't think the movie and music industry are going to play that game anymore.

in 1999 when Napster came out, everyone said music was too expensive (so they pirated it). Later, it was because there was no "try before you buy" and because the artists were getting screwed by the record companies.

Now that we have services like last.fm, pandora, and grooveshark to preview songs and you can buy songs for less than $1 (which is pretty damn cheap). Hell, you can even get DRM-less music and artists can easily sell their own music without a label.

Has piracy stopped at all? no. It's gotten worse and so have the excuses. Why can't people just admit that they don't give a damn about the artist and just want free music/movies?


> Has piracy stopped at all? no. It's gotten worse and so have the excuses.

Has it? I used Napster to download tons of music. Nowadays I use iTunes (and Amazon). I find it easier than poking around torrent sites or the awful gnutella junk and the music is reasonably priced and DRM free. Things are organized better and it makes my searching and downloading relatively painless.

I don't buy movies online yet because of they are laden with DRM. I don't buy blue-ray for the same reason. I'll buy DVDs only because the DRM has been thoroughly cracked--they go directly to my computer as I haven't even owned a DVD player in 5 years.

Make movies and TV shows downloadable and DRM free for a reasonable price and I'll start buying in a heartbeat.

non-pain = lack of DRM + ease of obtaining + delivery speed + quality + reasonableness of price.

If movie studios want to deal with piracy they have to compete on all those points. And they have to consider the whole pipeline from the internet to my TV. These aren't excuses they're just the economics of the situation.

> Why can't people just admit that they don't give a damn about the artist and just want free music/movies?

Because that's just not the case.


"If movie studios want to deal with piracy they have to compete on all those points."

Why should the movie studios negotiate with thieves? The music industry listened (as I stated in my post above) and piracy hasn't decreased. Piracy will stop when everything is $0 (which is really what most pirates want anyway, but refuse to admit).

"I don't buy movies online yet because of they are laden with DRM. I don't buy blue-ray for the same reason. I'll buy DVDs only because the DRM has been thoroughly cracked--they go directly to my computer as I haven't even owned a DVD player in 5 years."

You can blame the pirates for DRM. It was created as a direct result.

"Make movies and TV shows downloadable and DRM free for a reasonable price and I'll start buying in a heartbeat."

"reasonable" is relative to everyone. Since the pirates can download things for free with little effort, even a penny is too much for many people.

"Because that's just not the case."

The problem is that there isn't any way to prove the case either way. Pirates aren't going to admit they just want stuff for free.


> You can blame the pirates for DRM. It was created as a direct result.

That is untrue. DVDs had DRM well before movies were able to be downloaded from the internet. DRM was preemptive paranoia from the movie studios. It has never stopped piracy (only slowed it down temporarily) and it only increases the view that pirated goods are of higher value than the DRM laden legit versions.

> Why should the movie studios negotiate with thieves?

Theft is a strong word. Copyright infringement is a better term. And the movie studios have to compete with it because if they don't they will lose everything, thoroughly.

> Piracy will stop when everything is $0 (which is really what most pirates want anyway, but refuse to admit).

You are casting an awfully wide net there. I've seen this attitude from people before and I don't get it. Why do you think that $0 is the magical reason for piracy? Can you not believe that people are more complicated than "OMG Freeeee!"? Trying to find people's true motivations and ethics and then working within those boundaries is the only way to stem piracy.


$1/song is still pretty expensive when trying to legitimately purchase a hypothetical 16GB iPod-sized music collection.


$1 is less than the cost of a 20 oz Pepsi, a gallon of gas, and a gallon of milk.

If songs were an average of 3MB each, you would need to purchase around 5,300 songs to fill a 16GB iPod. Buying 5,300 of anything isn't going to be cheap.


Is anyone else sick of the use of the term piracy to try and make copyright infringement sound more threatening?


The problem, I think, is that we need to discriminate between maybe-questionably-fair-use copyright infringement (like sharing) and real, for-profit, hawking of pirated goods.


Daniel Defoe used the word piracy in this sense way back in 1703, so I think there is precedence.



Yes, although alternative terms like "forbidden sharing" aren't quite as catchy and don't have the associated glamour factor from dramatic swashbuckling movies.


What's wrong with "copyright infringement"?


no. Because the people that don't want the term piracy used think that way because they don't feel what they are doing is wrong.


Or possibly because they believe that what they're doing isn't much like "a war-like act comitted by private parties that engage in acts of robbery and/or criminal violence at sea," and there is probably a more descriptive term. ( https://secure.wikimedia.org/wikipedia/en/wiki/Piracy )


Do you really believe anyone in the year 2011 thinks it means that? Words change meaning over time and there's not much you can do about it.

Does gay mean happy? or does it have some other meaning?


Yes, though it is better than "theft."


Yar!


Maybe that's because illegal copying violates no natural law and is in fact allowable under a common understanding of property rights. If I own a hard drive, I can store anything I want on it. Copyright limits that natural property right by saying you can't store certain media or images that have been designated as "copyrighted" on your own property. This idea is foreign to most cultures and nearly all ancient societies.


>This idea is foreign to most cultures and nearly all ancient societies.

Which partially explains why most cultures and nearly all ancient societies had little to no intellectual development.

Thinkers gotta eat or they won't exist.

Intellectual property feeds the families of most of the people on HN.


I tried very hard to pay Oscars.com this year to get a stream of the Academy Awards event. They would not take my money. I tried three different browsers and two different credit cards. No go.

Then later I read that people who did pay the money were duped. They ended up getting not the broadcast stream, but a bunch of bullshit side-angle camera streams, not one of which was the broadcast. This after a build-up that strongly suggested (pretty much promised, the way I read it) that this was the ticket to watching the Oscars online.

This isn't the first time crap like this has happened. People get burned, and they learn.


The term 'socially acceptable' makes the conclusion hard to pin down.

I'd say piracy is 'socially acceptable' - in the sense that not many people would bat an eyelid if you said you'd downloaded one of the latest movies illegally. But that doesn't mean I think it's right or that people should do it - it's just an observation on what seems to be "socially acceptable." What is socially acceptable does not typically match up with what I believe to be right.


You could be of the minority that thinks X is wrong, but why should the law enforce your opinion on X?


No one's suggesting that it should. He's just pointing out that if you ask people "is X socially acceptable?" then the results may be quite different from if you ask "do you accept X?", and they may well be less interesting or useful.

Imagine a society consisting of 40% Prudes, who disapprove of everything, and 60% Libertines, who disapprove of nothing. And suppose that people in this society are well informed about one another's opinions. Then if you ask "Do you approve of goat-fettling?" you'll get 60% yes, 40% no; but if you ask "Is goat-fettling socially acceptable?" you'll get 100% yes, 0% no, because everyone knows that most people approve.

Now suppose that the media in our hypothetical society aren't perfectly accurate and unbiased; they somehow give everyone the impression that there are more Prudes and fewer Libertines. This doesn't make any difference to the result of the "do you approve?" survey, but it may change the result of the "is it socially acceptable?" survey to 0% yes, 100% no because now everyone "knows" that most people disapprove.

(How relevant all this is to the present survey, I don't know, because my Danish isn't up to working out just what questions they actually asked.)


According to the article the question was something I would translate to: "To what degree do you accept piracy of music from the internet on a scale from 1 to 10. Not at all accepting = 1. Sceptical = 2-6. Accepts it = 7-10"


I don't think the question was "do you think others would accept it", if so the result would be nearly 100% like you said.

At least that's not how I interpreted it. I mean that kind of question is only asked in thought experiments :)

I'm pretty sure the original question was meant to ask each individual for his own opinion on whether or not it's ok.


You can also view something as undesirable without expecting that the full force of the law is used to enforce that view on others.

I don't "pirate" copyright material but I don't see why others should be treated as criminals for doing so.


What happens when 70% of people are okay with something, in a country ruled by the people?


There can be odd disconnects between what people think is okay versus how they'd vote if they had a chance to vote on an actual law, though. For example, the number of people in favor of legalizing marijuana is quite a bit smaller than the number of people who don't honestly think it's a bit deal if you smoke marijuana. For various reasons, a lot of people are in the category of: don't think it's a big deal, but still don't want it to be legal.


The "number of people in favor of legalizing marijuana" is a fundamentallly different group than the "people who don't honestly think it's a bit deal if you smoke marijuana".

There may be some overlap, but there are also people who support decriminalization, not legalization, and some who support neither.


Well I don't know, what happened to slavery in the south of the united states?

Just because it's supported by "the public" does not mean it's good, smart or of any interest. Case in point, "the public" seems to like Fox News and Jersey Shore a lot.

I never thought popularity was a good indicator of quality or correctness (though popularity may tell you what you need to be popular, that is a different issue), and that "the public"'s view aligns with mine on this topic is irrelevant, what is needed is still actual arguments.

The only interest here is that it could make discussions on public policy re. piracy easier to have. Not holding my breath though.


> Well I don't know, what happened to slavery in the south of the united states?

That was supported by the majority of the whites. It's a bit different if you count the opinions of the slaves as well.


You don't, slaves are not people, they don't get to vote and they are not polled. They're not the public.


That's your objection to slavery?


No, that's not my objection to slavery. That's my objection to using support of slavery as a false example to discredit the idea that popularity can be used as (sloppy) gauge of morality.


The other 30% fight all that much harder to take it away from the rest of us.


No need to. The government will fund a campaign to educate people.


Witches get burnt, slaves get bought and sold, and religious persecution is rampant.


That's different; that only happens when you have ignorant, unthinking people who do not critically examine their own ethics when to do so would challenge social norms and/or their own material interests.


Different to what? You've just described humanity.


Think people getting monster sued only to be made an example of.


If America works like I think it does you also have to find a politician first, that isn't obliged to any big corporation and running with that flag.


The music industry bribes politicians to do what they want.


Depends. How many people drive over the speed limit? How many people think speed limits to increase to match the speeds most people drive?


"[...] in a country ruled by the people"

Name one.


Switzerland


Switzerland


Snap :-)


At first I saw the source (torrentfreak) and thought it would be a survey of their users... But it actually seems like it is a viably study with a good spread of the subjects. I am actually not that surprised. First of all, it's a Danish study. As I am myself living in the south of Sweden, I know that we and the danish have similar views, and that piracy is pretty well accepted here.

Even more interesting, would be a survey within a bigger geographical spread. Is there differences within Europe? What about the rest of the world? Are the opinions similar world wide? I would also appreciate a more detailed view into the selection of the group that answered.

The most interesting thing about the article is that it is spun very heavily in the direction of piracy... The actual answers about piracy for private use, is that less than 20% accept piracy, slightly over 30% not accepting it. The rest have answered that they are sceptical to piracy for personal use.

Accept is 7-10 on a scale from 1-10, sceptical is 2-6 and don't accept is 1 on the same scale. All from the linked report in Danish.


Sometimes I feel I'm the only person left in the world who a) still buys media; b) doesn't mind doing it; c) thinks it's wrong to pirate things; and d) doesn't consider it my right to be able to consume any media I want, and the only reason I'm not doing it is because it's priced too high - IMHO, DVDs, CDs, etc. are luxury goods.

Still, I realise I'm in the minority here - the 70% figure definitely doesn't surprise me. Just, for some reason, makes me a little sad.


You are not the only person; I buy when I can. But the emphases on can here; in Europe where I live, you get, via the web, news about every new tv show, movie, game and book immediately after it comes out. And then you have to wait for ages (depending on the popularity) before you can watch / buy it here. Digital products like ebooks, games, movies and tv shows should not have a geo limiting factor to them; they are digital. As long as they do, I don't see how copying can be prevented.

Take apps like Pandora; very easy to use, very nice to use. Doesn't work in the EU. Lame.

If 90% of the cool content you can buy online wouldn't be US only for such a long time after release and if everything was easier to use, I believe copying would be less common. Why would you risk (viruses, the law) it or go to the trouble of acquiring illegal materials if you can easily get it at the same time US citizens get it?

(I'm using the US as an example here mainly because most content I like from other countries I can immediately buy, but that might differ depending on your taste.)


Well I just bought a new TV that can play DivX and XVid. I don't think I can watch Netflix or anything like that, because Samsung does not yet implement it (?maybe Netflix, but I am not in the US, so no use for me).

What I could probably do is bittorrent movies and watch them on my TV.

I occasionally rent movies from the store, but I always overpay because it takes me too long to return them. Somehow bittorrent seems like the only sensible option. I wouldn't mind paying, but they don't let me.


The 70% figure surprised me; I expected 90% or higher.


Everyone is copying media. _EVERYONE_. How can it NOT be socially acceptable ?

The other 30% just doesn't realize that lending a game or buying a game and selling it after you've finished it is exactly the same thing as what an internet pirate is doing.


There is often a disconnect. At the time when Apple were parading busted teenagers in order to promote iTunes, this friend was going "hmmmm, yes, but they DID break the law. So they kind of deserve it".

Yet the same person sends yearly compilation CDs to all his friends. One batch had a few songs that didn't play because of the iTunes protection. So he went out, brought CD's, ripped them and sent a new batch. At no point did he consider himself as having comitting a crime.


Lending a game is not exactly the same thing as piracy, in that case there is one copy that is being shared. When you pirate something, two people have a copy and can use at the same time in different locations.


Thought game.

If I deleted my digital copy that I sent to someone, would that be okay?

If I download something from someone, am I responsible for verifying the copyright or is it the distributors responsibility?

If someone requests something from my computer, and my computer allows them to have it without my explicit intervention, am I responsible?

Am I responsible for distributing a file if someone downloads it after accessing an FTP server I setup using an anonymous account?

What if it required a password?

Note, I'm not trying to push the agenda that piracy is right. Rather, that piracy isn't as easy as saying someone copied a file.

Edit: I really want to stress I'm not trying ot make a point. Even I can't answer all these questions easily.


>If I deleted my digital copy that I sent to someone, would that be okay?

Ethically I believe this to be equivalent to lending a book/cd/whatever to a friend (this has been done, actually, as a protest/stunt. A guy attempted to sell an mp3 from iTunes on eBay).

>If I download something from someone, am I responsible for verifying the copyright or is it the distributors responsibility?

Distributor, generally. I feel this is similar to receipt of stolen property. In most places you are only liable if you knew it was stolen.

>If someone requests something from my computer, and my computer allows them to have it without my explicit intervention, am I responsible?

Yes, though how responsible you are is debatable. Intent is important but ignorance is rarely a successful defense.

>Am I responsible for distributing a file if someone downloads it after accessing an FTP server I setup using an anonymous account?

Why wouldn't you be?

>What if it required a password?

How is that any different? Or do you mean someone guessed the password?

Of course, most of these answers are just my opinion/speculation. Sometimes the line between "piracy" and "sharing" is blurry which I think is a huge part of the problem. There is (seemingly) no way have one without the other. If I want the ability to lend an ebook to a friend then I must also have the ability to give a copy to my friend. There are some systems in place to attempt to reconcile this, but they are either limited (you can lend it x number of times) or take away some other right (for example, it might take away the right to have a backup copy).


> Yes, though how responsible you are is debatable. Intent is important but ignorance is rarely a successful defense.

Their was no intent. Someone was merely able to gain access to the computer without my expressed knowledge and download a file (hypothetical, of course).

> Why wouldn't you be?

I guess your assuming I've given them explicit access to the FTP server.

> How is that any different? Or do you mean someone guessed the password?

Sorry, I tried to state the conditions. In the previous question it was merely that, I setup an FTP server, I don't password protect it, but I don't publish that the site exists.

So, yes, in the last question: someone guessed the password.

> Of course, most of these answers are just my opinion/speculation. Sometimes the line between "piracy" and "sharing" is blurry which I think is a huge part of the problem.

Agreed, which was the point of the exercise. We infer so much from simple actions. Intention is important, as you mentioned.


Not if the game is installed on another computer. I assume he meant lending a computer game disk and not a physical game console.


If copyright laws were reasonable then people would not find it acceptable to break them.


If tax laws were reasonable, then people would not find it acceptable to break them.


Piracy is socially acceptable, but politicians are passing ever more draconian laws in a futile attempt to prop up the music industry's obsolete business model.

If you want to stop this, and live in Scotland, you can vote for the Pirate Party this May. I'm one of their candidates.


Interesting thought, if piracy did manage to put a big dent into say the profitability of books, would we then see a lot more projects popping up on sites like kickstarter which would probably be very popular given the diminished choice in the market for readers.


Socially acceptable or not, anti-piracy advocates fail to realize that if i am pirating something, i had no intention to buy it. They really, really fail to see this. You can inflate the amount of money you are losing because of me all you want, the reality remains.

And it is this childish obsession that tickles my pirate nerves and makes me pirate even stuff i would gladly pay for. Because the industry is dishonest and thinks i sit on the far left of the IQ bell curve. They are lying in my face, and they know it. They don't deserve my money.

Go Minecraft.


This reminds me of a quote from Penny Arcade[1]:

'I mentioned to Gabe that the LendMe feature didn't extend to all books, and he was surprised to learn this, as "lending" a book digitally removes it from your device. It is, in many ways, like lending a person a real book. I suggested to him that this was precisely what they didn't like - you have to warp your mind to perceive it, to understand why a publisher of books would hate the book as a concept, but there you have it. They don't like that books are immutable, transferable objects whose payload never degrades. A digital "book" - caged on a device, licensed, not purchased - is the sort of thing that greases their mandibles with digestive enzymes.

Imagine what these people must think of libraries.'

The fact is that, scare-mongering aside, piracy doesn't seem to have nearly as big an impact on profits as the large content creators would have us believe. What worries me more is that they seem to be leveraging this fear campaign to chip away at the basic concept of "ownership," pushing for a world where products are "licensed" rather than "bought." This scares me because, being rather old-fashioned, I enjoy the concept of buying a book, rather than licensing the words in that book for reading.

[1]http://www.penny-arcade.com/2009/12/16/


If you ever thought you owned the words in a book, you were mistaken.


in certain ideologies subscribed to by some anti-imaginary-property proponents, this statement applies to the author of those words as well.


This was a Danish study, does anyone know the size of their sample? Did it include other Europeans, anyone from North America, Asia? I would imagine it would make a bit of a difference in the results, and would be interesting to compare.


My Danish isn't too hot, but I make it N=1146, Danish only.


"best bet is probably to focus on lowering the incentives for people to pirate"

No. It's very hard to not get people to do something and esp to stop doing something they currently are and tripple esp to do either without some replacement. As this "study" demonstrated and should be common sense.

Instead they need to incentivize legal downloads / legal media consumption.

Of course, that's extremely hard cause they literally add no value. They actually have a huge anti-value hill to climb just to reach parity with downloading. Their middle-man business model is broke and requires ever more bizarre/ridiculous laws to keep it shored up.


I hope this highlights the fallacy of using consensus to determine what is ethical:

"70% of the public finds rape socially acceptable"

Would we be having the same conversation?


That would be a reasonable counterpoint if 70% of the public did find rape socially acceptable.


Really? Almost none of my friends finds it acceptable. Maybe they are skewing the data to support their position. That never happens though.


Maybe you live in a bubble. That never happens though.

But more seriously, maybe none of your friends have had the experience of buying an LP, then later paying again for the same music on cassette, (and maybe 8-track and minidisc) and then again on CD.

And then maybe they weren't aware that the industry conducted a huge PR campaign to let people know that when they buy music, they are just paying for a license, not for the physical artifact. Of course they only did this after people had already switched to CDs. If we had known this before, we could have asked for crossgrades of the license from LP/single/tape/8-track/minidisc/whatever to CD.

And maybe your friends didn't hear about things like "Plays For Sure(TM)", Microsoft's DRM scheme that tricked millions of people into paying for music which Microsoft then decided would not play any more.

For those of us who did hear about these things, after paying for the same music three times, we're ready to just download our fucking songs that we already paid for.


Yeah, that's almost as unusual as someone giving precedence to the small, biased sample of "people I know well" over the results of a survey of a much larger sample where some attempt has been made to avoid bias.


There is a good example of data skewing here: http://bit.ly/dZvy2g =)


Wow... I didn't expect these sorts of tabloid headers to occur on Hacker News. That's usually a Reddit thing.

Shouldn't Hacker News be a cut above, where people first read and understand an article, and then post it to HN with a succinct, relevant, and most importantly TRUTHFUL title?


Did Apple keep the other 30%?


I really doubt that software piracy would be illegal if put to a public vote.


It's not surprising that piracy is becoming more acceptable, since for much of the world the opposite of "piracy" is "giving money to the US".

(Independently of how much the numbers in this particular poll were manipulated.)


How do you do a poll? I'd be more interested in:

X% of HN finds piracy acceptable


The taxes are so high in Denmark, I'm not surprised. Most people don't have that much money left over to spend on things like music and movies.


Do you have a source on that? I live in Sweden, have an average wage, and we have pretty high taxes, yet I could potentially buy a lot of movies and CDs if I wanted to, and I gather Denmark doesn't have that much higher taxes than Sweden, so that is why I'm asking.


Only 70%? In my social circle it would be 100%, and has been for years. Ironically I still spend more on media than anyone else I know, piracy or no ..


That's hardly ironic at all, it's merely counter-intuitive if you accept the notion that sharing == piracy (see my other post). If you reject that notion then the idea that greater enthusiasm for media by way of sharing should be correlated with greater media expenditures follows quite logically and directly.


I know a few people who exclusively buy their media, but only for convenience. However these never got big into the PC gaming so never got hit with the bullshit of copy protection chewing up so many cycles that you can't run at full graphics despite being able to handle it. So you download a hack, allegedly violating the DMCA, and can play your game how you're supposed to be able to.

What happens next time you want to play a game? You download it because they made that the less hassle way.


Same here. I spend a huge amount on movies, tv shows (box sets), and itunes music store. But I also don't mind a single bit hopping on Pirate Bay to download something. If it's good, it always ends in me spending money on something.

Still, I consume more media than I buy. Like 70% of the public, I'm perfectly ok with that.


I find it acceptable. eMule, PeerBlock, and verycd.com have always been my friends.


piracy is the opiate of the youth.


I hope it won't discourage people to become sailors…




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