Piracy & DRM: Grab a Shovel
As a guy who's livelihood depends upon IP rights, I naturally have a beef with piracy. I realize that, as with any crime, it's never going to go away, though I want to be supportive of measures that reduce it. But the latest round of "anti-piracy" news has left me feeling pretty ... I dunno... defeated? Embarrassed? Frustrated?

Pretty much all of the above.

Sony BMG Gets Caught Pirating
Sony BMG - the guys who thought rootkitting your $1600 computer was okay in the name of protecting their $16 CD - got caught pirating.

Now, okay, this wasn't a formal company policy, I'm sure, and Sony BMG as an organization had no clue that this was going on. Hey, I've been there. We once had a manager pocket the funds to purchase a site license for a software and install a pirated copy instead. We only found out after he had been let go and we contacted the software vendor for product support. Woops! And yeah, the last time I heard about said former manager, he WAS wearing an orange jumpsuit.

But I believe this little "black eye" underscores the fact that piracy is everywhere, and demonstrates that draconian measures sometimes supported by certain media groups and the politicians they fund are completely unwarranted.

Support Piracy, Support Terrorism!
Stiffer laws might be in order, but in a recent speech U.S. Attorney General Michael Mukasey linked piracy with terrorism. Now this doesn't get me quite so up-in-arms as it does some bloggers, as this was simply part of a side-point in a speech and wasn't trying to present some iron-clad case. But I'm personally getting a little tired of using the "fight against terrorism!" excuse for everything, from illegal demands to turn over customer records to treating baby formula as a weapon by airport security. I don't think I'm the only one. Claiming that software piracy helps terrorism just weakens the whole argument, in my opinion. Does it happen? I'd not be surprised. Guess what? Terrorists can and will make money any which way they can, legal or illegal.

Protection of IP rights is vital to the U.S. economy and interests enough all by itself without saddling it with lame anti-terrorism propaganda, 'k?

Don't Sell This Game, Or Pirates Might Play It For Free!
Apparently, DRM development is delaying Atari's new RPG expansion. Mysteries of Westgate, the new module for Neverwinter Nights 2, is being held back for apparently no other reason than the development of a custom DRM solution. There's been sufficient commentary on this issue by both Shamus Young and Scorpia (among many others, I'm sure) that I don't know if I have much to add.

I wonder if Atari isn't actually working on some kind of competitor for Steam (or at least an attempt to make Atari independent from Steam), and using MoG as bait. We'll have to see.

Dealing With Piracy
Now, actual profiting from trading of pirated software should be treated more harshly, I agree. Jail time and lawsuits to cover damages to the IP holders? Sure. And I personally believe that the laws protecting IP rights need to be revised, and enforcement does need to be stepped up.

But in general I feel that copyright infringement - as a legal violation - has less in common with grand theft and more in common with speeding on the freeway. Nearly everybody does it or acknowledges that It Is Done, and that it is a Bad Thing if it gets excessive. But the threat of fines, points against licenses, and raised insurance premiums - combined with (usually) sufficient spot-checked enforcement - keeps things reasonable.

The goal isn't to stop piracy or punish pirates. The goal is - or should be - to allow creators of intellectual property to profit appropriately from creating these things, so that they might continue to do so, for the benefit of all.

Labels: Biz, Politics

- posted by The Rampant Coyote @ 5:00 AM (Permalink)