Calling BS On the BSA Global Piracy Report 138
An anonymous reader writes "The Business Software Alliance released their annual global piracy report earlier this week. In addition to the usual claims of
software piracy (PDF) and the grudging acknowledgment of open source software, Michael Geist noted that the report ultimately undermined one of the BSA's core arguments — that countries which enact DMCA-style legislation experience significantly reduced piracy rates. Questions have also been raised over the BSA's methodology, as has happened in the past."
Why are they so grudging with admissions? (Score:5, Insightful)
Logically they should look at this report, realise that DMCA like legislation doesn't work and divert resources elsewhere. Why do I think they're not going to do this?
huh? (Score:5, Insightful)
>Questions have also been raised over the BSA's methodology
BSA has a methodology?
Re:Another pro-piracy article on Slashdot (Score:5, Insightful)
You see what I did there?
Re:Another pro-piracy article on Slashdot (Score:5, Insightful)
Re:Another pro-piracy article on Slashdot (Score:5, Insightful)
You don't "get it". Artist's rights are one thing - what the *iaa's are doing is quite another thing. If the various enforcement gestapos could be controlled, and set on a CONSTRUCTIVE PATH, then we might actually be able to address what an artist's rights might be. Today, copyright and patent laws are being abused, twisted into unrecognizable abortions, and the PEOPLE'S RIGHTS are being trampled.
You're an artist? Great. How much money has your "label" made, and how much have you made from your art? Is the ratio something like 1000/1, or 10,000/1, or maybe even more?
The mafiaa people don't give jack shit about you, any more than they care about the customers. You are an asset, nothing more, and nothing less, and you are as expendable as an office chair.
And the BSA still doesn't get it. (Score:5, Insightful)
A pirated copy is not necessarily a lost sale. If you look at the highest rate list compared to the lowest rate list for countries you'll see that the countries with the highest rates of piracy generally have the lowest per capita GDP. This shows a link between ability to pay for software and actually paying for it.
To put a face on this, the recent college grad with a job at 7-11 and $50k in student loan debt is going to need tools to make the money needed to buy tools.
Another factor is the fact that the BSA still counts an install of Adobe's $2500 Master Suite on Mom's computer as being a lost sale. Trust me when I say that Mom only has that because she thought it was neat to paste pictures of her and Dad standing on top of the Eiffel tower. She does not use it commercially and therefore cannot justify spending $2500 on an idle amusement. If Adobe managed to make a DRM scheme that couldn't be cracked they still wouldn't get a sale from her. Instead she'd just go back to scissors and rubber cement.
In fact according to the BSA PDF.
Consumers generally install more software on their
computers, both new and old, than businesses. Hence,
while consumers account for 45 percent of PCs shipped,
they account for 55 percent of PC software deployed.
This fits well with the idea that consumers are installing professional software that is never used commercially.
Cost and ability to pay are the biggest factors of piracy. The BSA needs to segregate their report into two sections for consumer piracy and commercial piracy. Consumer piracy is less likely to be a lost sale than commercial piracy.
Furthermore, companies whose professional software packages may have consumer appeal might want to try performing a trial where they make the latest version of their software package available for free as a beta or time limited trial with semi-anonymous usage tracking to figure out exactly what patterns distinguish a professional user from someone just screwing around. This would allow the company to use this data to offer a mostly functional 'Home' version for dirt cheap that has just the right features disabled to make sure that professional users won't ever touch it. A home user of Photoshop, for example, will probably never work with 100MB images whereas a professional designing a poster or magazine spread will. Careful analysis and planning will allow these companies to actually make a few extra sales off of lower budget consumers without cutting into their customer base for professional users.
Re:Another pro-piracy article on Slashdot (Score:5, Insightful)
There is a lot of hot air in claims from the BSA about losing so and so much money.
The reality would be that much of the software that's in use illegally is by people that wouldn't have purchased it in the first case. So if it was completely impossible to pirate the software then it wouldn't be purchased at all.
What BSA members wants is a certain level of "leak" to make people get the taste for the software.
Arguing with the BSA (Score:5, Insightful)
Michael Geist noted that the report ultimately undermined one of the BSA's core arguments -- that countries which enact DMCA-style legislation experience significantly reduced piracy rates.
Yeah, but you can't fight these guys with logic. All they'll say to that is "See? The problem is so bad in those countries we need *even stronger laws*!
Logic and evidence is pointless when the statistics and facts in this situation are so highly open to interpretation. That makes it problem solvable only by lobbying, not facts. Those of us who are against their draconian measures need to become as politically influential as they are - something that seems unlikely right now.
Re:And the BSA still doesn't get it. (Score:2, Insightful)
I think there's a good chance that a pirated copy is a lost sale, though not necessarily of the pirated software. I mean, even if Photoshop suddenly became impossible to pirate (I assume it isn't already), people would still need to manipulate images. They'd just have to use some cheaper - or free - alternative.
It is a shame because BSA has (Score:5, Insightful)
Methodology ? (Score:2, Insightful)
Re:DMCA reduces piracy rates (Score:3, Insightful)
Same with ID-cards, being pushed by the consumer sector to reduce Credit-Card fraud. All it will do is boost the trade in fake IDs ..
If someone picks up your credit card and doesn't need an ID, they can start charging as soon as they walk into a store. It takes time to get a fake ID together, time in which you can discover your credit card is missing, and call it in.
Re:And the BSA still doesn't get it. (Score:5, Insightful)
My 18 year old griped at me a few weeks ago because I wouldn't let him install a pirated version of photoshop on a computer that is on our home LAN. He presented almost this exact same argument. I still don't buy it. If he needs tools to learn, he can pick them up at an academic discount while he is still a student and gain experience with them that way. After he graduates, he doesn't need to own the software himself as a business professional unless he's going to only do freelancing.... which, I am compelled to point out, is a poor business plan if one is intending to repay a $50K student loan.
All FOSS Users and non-upgraders are Pirates! (Score:5, Insightful)
as you can see, they just have to raise their estimates of "how much software a PC needs" to skyrocket the piracy... also they don't consider people using older versions of software, so all in all their piracy report means nothing more than "we would have wanted to sell THIS much more software!"
Re:Another pro-piracy article on Slashdot (Score:3, Insightful)
It has never been the artists who collect on anything except for their live performances. From the moment they sign their contracts, they are "in debt" to the music publishers for marketing and advertising service fees. All the money made in selling records, tapes, CDs and MP3s is collected by the labels. The artists barely and rarely get any of that money.
If ever there was an "ulterior motive" it is the RIAA claiming "artists" when they should be claiming their employers... the labels... the publishers!
As for software piracy claims? I'm okay with their reporting the truth. If they aren't reporting the truth, I have a problem with it. And the DMCA and laws like it were supposed to help and it hasn't. Instead, it only harms individual consumers.
Re:Another pro-piracy article on Slashdot (Score:3, Insightful)
The sad thing is that the music of independent artists is also being pirated, though to a lesser degree. They have no means of recompense whatsoever, in fact attempts to deter piracy are so prohibitively unpopular that the MAFIAA has a monopoly on effective countermeasures.
Come to think of it, probably the best thing the MAFIAA could do would be an ad campaign that tells true stories of *indie* artists whose careers have been compromised by piracy. Then people might realize how many brilliant artists still have day jobs as a direct result of piracy.
"Here's Johnny on tour, rocking a crowd of 1500. Here he is again, busing dishes at Boston Pizza. Here's a customer, leaving a fat tip for the cute waitress while he fires up Johnny's songs he downloaded illegally to his iPod."
As a touring musician and sound tech, I see that exact scenario playing out *all the time*. We accept that piracy laws are unenforceable, yet still do what we do because it's our passion. However the justifications for piracy are a little tough to bear. It's incomprehensible to us that people should be offended by the notion of paying for every song and/or movie in their collection.
Think if that happened to your industry. You'd quit and do something else, right? Do you want all your favorite musicians/actors/directors to quit? They're going to retire eventually, who will take their place? All the good upstarts are too busy busing dishes to practice.
In four days I'm leaving on a tour where I'll be playing 25 shows in 24 days, lugging my gear myself, sleeping in a lot of shitholes, averaging 300 miles of driving per day. I dare anyone to whine about being held accountable for piracy when I get back.
Re:Another pro-piracy article on Slashdot (Score:5, Insightful)
Downloads are not profitable. They have never been profitable. The internet exists to link people and computers together. It is not designed to make money, and it is not going to contort itself into some bizarre shape involving DRM and other nonsense just because you want some cash. If you need the money, make it on concert swag and CDs (yes, people actually do still buy those, if you sell them!) like people used to. You don't need the internet to make money. The only reason you have for using the internet is buzzword-compliance. I'm sorry that you're unable to make money on the internet, but pre-internet indie bands were facing much tougher challenges (more expensive equipment, no internet to sell their mp3s on, etc.) and still did fine.
Re:Another pro-piracy article on Slashdot (Score:5, Insightful)
Whilst I gave up touring in a similar gig myself a few years ago, it was always the case that conditions are pretty bad on tour.
Instead of moaning about that why not get another line of work if you dislike the conditions under which you work-thats what I did. I now play mainly for enjoyment, but I still play-face it the music scene is one in which you get involved for the pleasure not the money. If you think you will make a fortune you are probably deluded.
Nearly all the acts I worked and played with made all of their money from live playing. Its a tough life but if you love it you are prepared to accept the downside. In all my time I never bitched about copyright!
Re:Another pro-piracy article on Slashdot (Score:1, Insightful)
Um, its not theft. its copyright infringement. Totally different and barely comparable in spite of what the music and movie studios would like you to think.
If you wre lucky enough to have 40% piracy then you would be selling an order of magnitude more records (that whole popularity thing). You would be doing alot better than you are now. Sure losing 40% sucks, but its 40% of a much bigger pie.
Another problem in today's day and age is that the global population and the ability to interact with them has reached the point where there is a heavy saturation of "artists" as compared with the ability to "consume" the artists product. There are hundreds of thousands (if not millions) of "amateur artists" out there vying for what is in essence not alot of the populations time.
Global distribution technologies means a single mega artist can fill one of a few dozen slots in the average persons time spread across the global population. Get a few dozen mega artists and there really isn't any time for the newer independent talent. This is part of the secret of the studios. They spend all their time filling those slots and souting for the next thing to fill them. All they have to do, is find someone, cross market them with an existing artist in one of those slots. If they can stand on their own they get a slot and someone gets bumped, if they can't they get thrown back to the wolves with a pile of debt.
I beg to differ... (Score:4, Insightful)
The internet exists to link people and computers together. It is not designed to make money,
Tell that to eBay, PayPal, Amazon, Google, and iTunes. If these online companies were not making money and showing a constant stream of profit, they would not still be on the internet to this day.
eBay, PayPal, and Amazon, make money as 'middlemen' to the physical enconomy comprising largely of the buying and selling of 3-dimensional objects. Should 'replicator technology' seen in STAR TREK become a reality, they will become unecessary and will fall by the wayside of history.
Google makes money as an ad agency that happens to own and operate a wildly popular internet search engine and a complete copy of the non-binary portion of USENET via Google Groups. Once somebody comes up with a search engine that is consistently better than Google and mirrors Google Groups in its entirety, they too will fall by the wayside of history as well.
iTunes makes money by selling 'digital downloads' of pieces of popular culture (primarily music). They are proof that it is possible to make money online selling non 3-dimensional objects. Once their entire catalogue of downloads is available for free online elsewhere on the internet, they too will fall by the wayside of history as well.
As the parent poster said, the internet exists to link people and computers together--it also exists to exchange information in the form of computer files. The media cartels realize the internet can distribute (their) content cheaper and faster (and illegally) than they can which will eventually make them fall by the wayside of history as well. There response to this looming threat in the past shows that they are desparate and will do ANYTHING to continue to exist. This is simply self-preservation in action.
Re:Oh No! Zimbabwe is pirating! (Score:3, Insightful)
That "physical property" including computers to run any software on as well as the electricity necessary to operate them. Maybe the BSA dosn't survey these countries at all they just make up some numbers...
Re:And the BSA still doesn't get it. (Score:3, Insightful)
If you can't afford an apartment, stay at home or with family. If you can't afford a sports car, don't buy one. Its not the car manufactures fault. If you can't afford a 16 core 65Gb ram number crunching monster server, don't buy one, its not IBMs problem. If you can't afford the tuition fees for the university, don't go, its not the university problem. If you can't afford the software, well you get the point.. (I hope).
You are not entitled stuff just because you want it, or even because you "need" it. And need is a big stretch.
I think you misunderstand what the free in free market means.
Re:Another pro-piracy article on Slashdot (Score:5, Insightful)
However the justifications for piracy are a little tough to bear. It's incomprehensible to us that people should be offended by the notion of paying for every song and/or movie in their collection.
I'm offended by having to buy four copies to play in four different places. If I buy a CD - and I do - I want to be able to listen to it at home, in my car and on my MP3 player. I only download for free those tracks that are offered for free by the artist/vendor. Amazon.com has free tracks from time to time. So does Janis Ian. So do other MP3 sites. Stop pretending that I'm hurting you because you only sold be a CD and couldn't get me to buy all the different formats you can think up.