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"Most of you steal your software"

lettersofnote.com

71–80 of 123 posts

Re: "Most of you steal your software"

#71

I readily grant that there's a huge amount of selection bias to this, but from this remove, it's difficult not to read this as, "pirate all the software you please, we'll still end up as billionaires."

Right, if a failed company (even one which failed because of piracy) had a letter like this, you wouldn't be reading it.

Re: "Most of you steal your software"

#72
post #64

Earlier quoted context omitted.

We all understand what is being discussed here. We don't need to argue semantics over what it means to obtain something you didn't pay for (but should have). It seems that the tech community stands adamantly behind the "copyright infringement isn't theft" mantra but in reality the moral crime is taking something you weren't entitled to. Our actions don't really seem to consider the state of the original product makin…

I do not advocate piracy, and do believe that people should be paid for their work. However, you are wrong. Theft means that the original owner no longer has the item stolen from them. Copying something from them most definitely leaves them with the original. That is one way in which piracy is not like theft. I would much rather someone download a copy of my code, than grab all my drives, make a copy, erase them, the…

We perhaps need a different term altogether because really it's not just copyright infringement either.

If you take something from me that is meant only for sale to others then it helps me absolutely zero that I still have it.

With copyright infringement, it used to mean selling cheap knock-offs of your work, including your work illegally into someone else's dime novel, etc. With digital copyright infringement people are literally selling or giving away the authentic item (i.e. the data). This is much closer to 'theft' than the old idea of copyright infringement.

You have a good point about market value but those are economic principles, not moral ones. It's like saying I only took a gumdrop instead of a pallet of candy bars, but either way it's still wrong.

Re: "Most of you steal your software"

#73
post #64

Earlier quoted context omitted.

I agree with your sentiment, but it's not actually "theft." More like "copyright infringement."

We all understand what is being discussed here. We don't need to argue semantics over what it means to obtain something you didn't pay for (but should have). It seems that the tech community stands adamantly behind the "copyright infringement isn't theft" mantra but in reality the moral crime is taking something you weren't entitled to. Our actions don't really seem to consider the state of the original product makin…

Copyright infringement is very different from theft.

First, if you copy one of my books, say from someone who bought it in pdf format from the O'Reilly site, you have not denied the owner access to his paid copy. You have not robbed anyone of a physical artifact with a measurable cost.

Second, such as act doesn't even rise to the status of "theft of service." It isn't like sneaking into another movie theater after watching the show you paid for. You are not taking up a physical seat.

At most you have committed a tort. The problem is these tiny torts have been criminalized. But that doesn't make them any more significant than they really are. How insignificant are they? So insignificant that simply by telling me you will write a review, I would give you a copy for free.

Quantify it: how was I damaged? If you lie to me just to get a free copy, how do I distinguish moral crime comitters from well-intentioned potential reviewers who never got around to it? How many of them should I pursue as thieves? What effect would that have on attracting reviewers?

Stamping "MORAL CRIME DOER" on the forehead of people who have taken something weightless, incrementally cost-less, and that is marketed by giving it away to people is like turning jaywalking into a felony.

The irony is that if copying my works was economically significant - if, say, I made an ERP system and a customer failed to pay maintenance fees - my recourse would be to sue them for the tort of not meeting a contractual obligation. The law already has a measure in place to prevent stupid cases: Is it worth suing over? If not, just move on.

Re: "Most of you steal your software"

#74

Earlier quoted context omitted.

I do not advocate piracy, and do believe that people should be paid for their work. However, you are wrong. Theft means that the original owner no longer has the item stolen from them. Copying something from them most definitely leaves them with the original. That is one way in which piracy is not like theft. I would much rather someone download a copy of my code, than grab all my drives, make a copy, erase them, the…

The problem is the price is not set by the market, it is set by the record label and significant arm twisting. Support your favorite bands by sending them cheques if you obtain their album. The RIAA is the problem. Also check out Band Camp for new unsigned artists. Great service and IMHO the future of the "record" industry.

Band Camp is great! I don't care enough about music per se to use it for its intended purpose, but I do get pointed from time to time to some groups who remix video game music. There's some pretty talented musicians on there even in esoteric genres.

Re: "Most of you steal your software"

#75
post #58

It's amazing, and frankly stupid, how many people try to justify theft. Sorry guys, regardless of what utopian ideals of OSS you have, and I have them too, you must respect the creator's wishes. If they ask you to pay for the software, then you MUST pay for the software. Anything else is theft. Let's say you are a freelance developer. Do you think for one second that it would be ok for your clients to let you do all…

> Sorry guys, regardless of what utopian ideals of OSS you have, and I have them too, you must respect the creator's wishes. If they ask you to pay for the software, then you MUST pay for the software. Anything else is theft.

In a legal sense, this is patently false in every country I know of. Even ignoring the point others have made that theft is not copyright infringement under the law, the assertion is false. Every country I know of has exceptions to copyright law. In the US it's called Fair Use, in many Commonwealth nations it's called Fair Dealing, in Germany it's just called "Limitations on Copyright" (Schranken des Urheberrechts). In every case, the creator's wishes are not absolute.

But more interesting to me is that we have taken a purely legal concept that was completely new just 303 years ago and turned it into a broadly accepted moral imperative. Those with a vested interest have succeeded in tying this new legal concept to an ancient moral wrong, that of theft. And they have been so successful at this, that many people would dismiss the distinction as semantic quibbling. To me, this is a fascinating sociological and philosophical phenomenon.

For anyone else who is interested in this cultural history, I highly recommend "Moral Panics and the Copyright Wars" by William Patry.

Re: "Most of you steal your software"

#76
post #73
post #64

Earlier quoted context omitted.

We all understand what is being discussed here. We don't need to argue semantics over what it means to obtain something you didn't pay for (but should have). It seems that the tech community stands adamantly behind the "copyright infringement isn't theft" mantra but in reality the moral crime is taking something you weren't entitled to. Our actions don't really seem to consider the state of the original product makin…

Copyright infringement is very different from theft. First, if you copy one of my books, say from someone who bought it in pdf format from the O'Reilly site, you have not denied the owner access to his paid copy. You have not robbed anyone of a physical artifact with a measurable cost. Second, such as act doesn't even rise to the status of "theft of service." It isn't like sneaking into another movie theater after wa…

I am not a legal expert but I do believe that "theft of service" can apply to the likes of, say, "stealing" cable service, even if it doesn't reduce the capacity of others to enjoy their cable service. FWIW.

Re: "Most of you steal your software"

#77

Earlier quoted context omitted.

I do not advocate piracy, and do believe that people should be paid for their work. However, you are wrong. Theft means that the original owner no longer has the item stolen from them. Copying something from them most definitely leaves them with the original. That is one way in which piracy is not like theft. I would much rather someone download a copy of my code, than grab all my drives, make a copy, erase them, the…

The problem is the price is not set by the market, it is set by the record label and significant arm twisting. Support your favorite bands by sending them cheques if you obtain their album. The RIAA is the problem. Also check out Band Camp for new unsigned artists. Great service and IMHO the future of the "record" industry.

Honest question: how would you set the market value of a digital good? I have a very limited understanding of economics, but it seems to be that balancing the supply/demand equations when supply is infinite (for, say, a song, movie, music video, etc.) becomes rather difficult.

Re: "Most of you steal your software"

#78
post #64

Earlier quoted context omitted.

I agree with your sentiment, but it's not actually "theft." More like "copyright infringement."

We all understand what is being discussed here. We don't need to argue semantics over what it means to obtain something you didn't pay for (but should have). It seems that the tech community stands adamantly behind the "copyright infringement isn't theft" mantra but in reality the moral crime is taking something you weren't entitled to. Our actions don't really seem to consider the state of the original product makin…

"...as long as they’re going to steal it, we want them to steal ours" - Bill Gates [1]

Yep, that's exactly what victims of theft feel. When my car was stolen last year, I thought "Well it could be worse, they could have stolen someone else's car". Because the more people steal my stuff, the more money I make, right?

[1]https://news.ycombinator.com/item?id=5162686

Re: "Most of you steal your software"

#79
post #49

Earlier quoted context omitted.

He wasn't anything close to poverty either.

He wasn't anything close to poverty either. OK, if you aren't poor, give me $10K then. According to me, you have enough!

That, in 1955 dollars, would be about 1% of the trust fund one of his grandparents established for him.

Still, I think he would resist your offer. What would you do with US$10K?

Re: "Most of you steal your software"

#80
post #72

Earlier quoted context omitted.

I do not advocate piracy, and do believe that people should be paid for their work. However, you are wrong. Theft means that the original owner no longer has the item stolen from them. Copying something from them most definitely leaves them with the original. That is one way in which piracy is not like theft. I would much rather someone download a copy of my code, than grab all my drives, make a copy, erase them, the…

We perhaps need a different term altogether because really it's not just copyright infringement either. If you take something from me that is meant only for sale to others then it helps me absolutely zero that I still have it. With copyright infringement, it used to mean selling cheap knock-offs of your work, including your work illegally into someone else's dime novel, etc. With digital copyright infringement people…

> We perhaps need a different term altogether because really it's not just copyright infringement either.

Why does copyright infringement not work?

> If you take something from me that is meant only for sale to others then it helps me absolutely zero that I still have it.

That still does not make it equivalent to theft. If I somehow started distributing copies of your digital goods and made it impossible for you to distribute the originals, would you say that's worse than me only doing the former and not the latter?

> This is much closer to 'theft' than the old idea of copyright infringement.

No, it is not. From WikiPedia [1]: In common usage, theft is the taking of another person's property without that person's permission or consent with the intent to deprive the rightful owner of it

In no way is pirating something fitting that definition. The only thing that piracy might deny you is potential profits, which are not property by any definition.

> You have a good point about market value but those are economic principles, not moral ones. It's like saying I only took a gumdrop instead of a pallet of candy bars, but either way it's still wrong.

I agree! Piracy is wrong. Does not matter how little or how much you do it, it ends up hurting someone.

Well, it's more complicated. For example, I currently have a song in my iTunes library that I bought from iTunes when they sold DRM encumbered audio. I bought it with an Apple ID I no longer have access to. iTunes refuses to recognize it in any way and I cannot decrypt it, but I did pay for it fair and square. Would it be amoral for me to download that song on a file sharing network? What if I had an LP that I bought in 1979 instead of an m4p file?

[1] http://en.wikipedia.org/wiki/Theft

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