Atlas Games finds free download doesn't work...

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JohnNephew said:
As an aside, have people been subjecting Baen to the same level of scrutiny and second-guessing as I'm getting? How do we know they're not skewing their data to serve the ideological prejudice of the guy running the Free Library? Have they given us sales breakdowns on ALL the titles you can download for free, or only the ones that back up the thesis that it's good for sales? ("We can omit these data...we know that these other factors led sales to decline, so we wouldn't want people to think it was because we gave the books away for free...") Does almost everyone accept their inferences as true, because it's what we want to believe? ("I can download free stuff and feel good about it!")

I mean, look, I stood to gain if my experiment worked out well. I was ready to rake in the bucks and get the jump on my competitors with this marketing innovation. I was selling the idea to retailers and distributors, preaching that it was going to draw new players and boost sales.

My results are by no means conclusive, I'm the first to admit. But at least they are cause to be skeptical about how far we can all go with the results that Baen has reported, and to question how well those results may translate to other fields, like RPGs.

Hmmm, I can only answer for myself, but I have now purchased print versions of five books that I first downloaded from Baen's free library.

In all five cases I had made my decision to purchase before finishing more than half of the book. There was one other book that I read from the free library that I would have purchased, but my local bookstore had it listed as out of print (or at least unavailable from their distributer). While I did track down a used copy this did not increase revenues for Baen, so is somewhat inconsequential.

In several other cases I decided not to make the purchase, that the book was a 'once read' that I would not read again if I had it on my shelf. In this case it was no more damaging to Baen than if I had read the books at the library. (Ihave also purchased many books that I first read at the library, I can not honestly say how many, just 'lots'.)

As for pirates justifying their piracy, I had a friend who pirated software, his justification was 'If they charged less I would buy it.' Then I caught him copying a $5 program. In short he was pirating to get free stuff, list price had no actual bearing.

The out of print justification I have more sympathy for, if it is otherwise unavailable. I do know several people who have pirated copies of 'abandonware', and who did run out and purchase the programs when they once again became available. So at least they were more honest than the 'software is too expensive' lackwit.

I also wonder how many of the downloaders of Ars Magica already had print copies of the rules like I did, both of the other two people that I know made the download already owned it as well. (Though this does not account for your drop in sales.)

And I know that Baen does get a lot of noise of the 'Why don't you put up more fee stuff?' bent.

The Auld Grump
 
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JohnNephew said:
Originally Posted by dictionary.com
To use, appropriate, or preempt the use of another's idea, especially to one's own advantage and without consent by the originator
No offense, but that's part of:
Idiom:
steal (someone's) thunder
When's the last time you went to court and procecuted someone for stealing someone's thunder or stealing a base, or having a steal at a bargain store? This way the word steal becomes less and less of a moral faux pas...

But when was the last time someone used another's idea prosecuted for stealing? Didn't think so, probably under copyright or patent laws...

Hopefully i've made myself a bit clearer...
 
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Cergorach said:
No offense, but that's part of:

When's the last time you went to court and procecuted someone for stealing someone's thunder or stealing a base, or having a steal at a bargain store? This way the word steal becomes less and less of a moral faux pas...

But when was the last time someone used another's idea prosecuted for stealing? Didn't think so, probably under copyright or patent laws...

Hopefully i've made myself a bit clearer...

If you can't be convinced that you're playing a semantics game from John Nephew's post above, then I doubt I'll change your mind, but intellectual property is as much a commodity as anything else, even though it's not tangible.

If you have possession of (or use, distribute, etc.) that property without the permission of the owner (through sales channels or a free giveaway with the owner's permission), then, IMO, you have stolen it.
 

DaveMage said:
If you can't be convinced that you're playing a semantics game from John Nephew's post above, then I doubt I'll change your mind, but intellectual property is as much a commodity as anything else, even though it's not tangible.

If you have possession of (or use, distribute, etc.) that property without the permission of the owner (through sales channels or a free giveaway with the owner's permission), then, IMO, you have stolen it.

Yes, it's a semantics game, certain people want to say that downloading is stealing, thereby implying that every illegal download is lost revenue. This is simply not true, if the downloader would have bought the product if he hadn't downloaded the illegal copy, then, and only then revenue is lost. But it stil isn't stealing, only copyright infringement.

You don't call a soldier a murderer because he killed the enemy in a war. You don't call someone who was in a traffic accident a murderer because he killed someone...

So if you call downloading stealing as in, stealing someone elses idea, i'm on the same wavelength. If you call downloading stealing as in a legal sense, then you'll have me refuting you every time.

But we're getting a bit offtrack.
 

Cergorach said:
Yes, it's a semantics game, certain people want to say that downloading is stealing, thereby implying that every illegal download is lost revenue. This is simply not true, if the downloader would have bought the product if he hadn't downloaded the illegal copy, then, and only then revenue is lost.

Oh, I agree with you there. There are many items I would not buy, but that I would take if they were available for free.

However, what one is "stealing" in the case of illegal downloading is the owner's control or ability to determine who controls (possesses/uses) their property.

How's that? :)
 

Cergorach said:
Yes, it's a semantics game, certain people want to say that downloading is stealing, thereby implying that every illegal download is lost revenue.

There does not have to be "lost revenue" in order for something to be stealing. If I steal apples from my neighbor's tree, they are not losing revenue. Heck, they might otherwise have let the apples fall to the ground and rot; there may be more apples than they could possibly eat, and they may not be in the business of selling them.

Certain people want to say downloading is NOT stealing, because they want to feel that it's OK. If they were defending a different kind of stealing (say, shoplifting, or embezzlement, or counterfeiting), they'd come up with other semantic games to play, and reasons why idiomatic usage doesn't count as meaning. (Language evolves by idiom -- why not next argue that "gay" doesn't mean homosexual, because it's merely idiomatic?)

Cergorach said:
This is simply not true, if the downloader would have bought the product if he hadn't downloaded the illegal copy, then, and only then revenue is lost. But it stil isn't stealing, only copyright infringement.

I thing it is reasonable to contend that copyright infringement is, in contemporary vocabulary, a subset of "stealing."

Cergorach said:
You don't call a soldier a murderer because he killed the enemy in a war. You don't call someone who was in a traffic accident a murderer because he killed someone...

In some cases, you do, on both counts.

Cergorach said:
So if you call downloading stealing as in, stealing someone elses idea, i'm on the same wavelength. If you call downloading stealing as in a legal sense, then you'll have me refuting you every time..

But stealing someone's idea CAN be stealing in a legal sense. And it doesn't have to be copyright infringement.

Indeed, Wizards of the Coast is right now suing Ninentendo for stealing their ideas, in the form of trade secrets (ideas that are protected by secrecy, rather than patents or trademarks).

What is your end goal with this semantic game? If everyone agreed, "Dowloading is not the same as 'stealing,' it just happens to be immoral and illegal, and involves depriving others of the financial fruit of their labors" -- what would that semantic victory accomplish for you? Does it make piracy less bad? What if this year's dictionary refine their numbered definitions of stealing to include theft of intellectual property, to reflect common usage, rather than having it under "idiom." Would that change the world for you?

I guess I don't get why this is a nit worth picking. But darn if the pirate apologists don't want to make a big deal out of it for some reason.
 

I think lumping everyone together is a mistake, though.

I'll use myself as an example. I've dowloaded quite a few PDFs. I never bought any PDFs. I never used any PDFs I downloaded in a game. My computer is quite crappy, and I have no printer. Since I don't game from my home, I do not have my computer at hand when I game. I do not consider myself a "pirate".

Why did I download the PDFs I downloaded? I was curious as to certain products. I downloaded them, read them. Those I got interested in, I bought (in print format). -In my case-, RPG product piracy is a silly concept. Reading a RPG product once is no good. It's not like a novel. To be able to -use- the product, I need to possess it, in order to reference to it when need be. In my personal situation, I can't do that, therefore if I want to do more then peruse a product, I buy it in print format.

So what would I do if I didn't have access to pirated versions of products? I'd peruse them at the bookstore. To me, it's the equivalent, although this way it's more convenient, and gives the product a fairer shake (as fast a reader as I might be, I can't read a whole product in the bookstore). But my FLGS is quite far, and I do not got there unless I have specific product(s) to buy. Downloading them is easier to do in order to just peruse. So in my case, in 100% of the time, dowloading a product didn't result in a lost sale. Money is quite tight, and I wouldn't buy a product without being sure I'll use it. And careful perusal (which I can do with PDFs and not in the bookstore) gets me to buy more.

Call me an apologist if you want. It's allright. But I truly do not suffer guilt.

I do understand your point of view, however. My personal history with piracy is just that, anecdotal. I understand that it is not the same with all pirates. But lumping everyone together lumps -me- as well, and since I know my own motivations and buying histories, then yes, I'll side with me. And I wouldn't normally side with the majority of the pirates out there.
 

Cergorach said:
Well... Actually it is free advertising, wheter it's good for publishers is another matter entirely...

Actually, it's free product. If you mean advertising in the sense of "more people know about it", yes, but as advertising is generally intended to increase sales, this is un-advertising, as it is removing potential customers from the market.

"I wouldn't have bought it anyway, so the publisher did not lose any money." Is actually a pretty good argument, if the statement is true...

I don't know if I would go for this, either. If this could be stated absolutely, it would be true, but then if the material has no interest for you (the generic, hypothetical "you", of course, I'm not referring to the person I'm quoting specifically), then why download it?

If a person downloads the material, then that person can be said to have some interest in it. That level of interest, small as it may be, still represents the possibility of a sale.

Yeah right! It's actually not good for pirates, because the more exposure, the more people will notice and the more 'enforcement' the scene gets. Only a small group of people actually scan/OCR books, the rest are just leechers. The leechers need the morale approval...

Mao Tse Tung wrote of guerillas that "they must move like fish through the sea of the people". Put less poetically, criminals need public support to transform themselves into 'daring renegades', as the pirates typically portray themselves. Public support results in lowered public vigilance.

Additionally, up to a smaller point, the more people engage in piracy the less likely an individual will be targeted, unless the level of piracy is sufficient to trigger a specific response, and as long as it is considered wrong to steal in this way. Also, the more pirates, the more sources for pirated materials.

Did you know that this actually started as an effort to get out of print books and brake the ebay traders that asked $100s of dollars for sought after OOPs? The industry reacted way to slow, now they have a full blown pirate outbrake on their hands, serves them right!

Yes, It's Atlas games fault that I couldn't find all the Rafael Sabatini books in print. :)

I could even speculate that you where always a very 'pronounced' anti pirate and started this project to proove the pirates are 'wrong', you might even have selected this specific product because it was clear in advance that sales would fall drastically the following year... I could speculate this, but i won't.

I could even speculate that you like doing naughty things to puppies, but I won't ...

It would indeed be a slimy thing to accuse someone else of acting in opposition to their stated intentions without any evidence, so I'm glad that you went to *so much trouble* to tell us that you weren't doing that ...

Material that I agreed with, or found not notably objectionable, I left out. This has the risk of making my post seem more hostile than I intend. I hope I have avoided that.


On another topic in this thread, I hope that piracy foes not restrict my ability to buy pdf products. While the area I live in gets gaming material in as a slow trickle, the primary reason that I like pdf's are for compactness. It is easier to fit something on a CD-Rom than on a bookshelf, and there is no risk of getting in my wife's way :)

Harry
 

There does not have to be "lost revenue" in order for something to be stealing.
I didn't say that, nor did i imply that. But that's what the record companies are proclaming, and that's how RIAA (and likeminded organizations) are calculating losses due to 'pirating'. I find that approach twisting the facts, by using the word 'stealing' in the context of 'pirated' books, you imply that every illegal download equals a lost sale. I do not think that is correct. Especially when you deal with 'pirates' that are mostly just kids, one tries to impress them with scary words like 'stealing'. Next thing you know they're prosecuting an eight year old...

If I steal apples from my neighbor's tree, they are not losing revenue. Heck, they might otherwise have let the apples fall to the ground and rot; there may be more apples than they could possibly eat, and they may not be in the business of selling them.
Absolutely a heinous crime, thou shalt be punished by the AAS (Anti Apple Snatchers) ;-)

Certain people want to say downloading is NOT stealing, because they want to feel that it's OK.
Certain people want to make sure the accusations are true, on both sides of the fence. If you download illegaly scanned books and are cought, your prosecuted for copyright infringement, period. Not for stealing. Certain people want to call it stealing so it will make them feel better, so that they can say "See how those evil people have stolen from me, how they make me poor, etc.".

If they were defending a different kind of stealing (say, shoplifting, or embezzlement, or counterfeiting), they'd come up with other semantic games to play, and reasons why idiomatic usage doesn't count as meaning.
Shoplifting = Stealing
Embezzlement = Embezzlement
Counterfeiting = Counterfeiting
The last two don't fall under stealing when your prosecuted. I think that a lot of embezzlers and counterfeiters would love to call it stealing, it would get them lighter sentences...

(Language evolves by idiom -- why not next argue that "gay" doesn't mean homosexual, because it's merely idiomatic?)
On the marrigae certivicate it reads, homosexual marriage, and not gay marriage. A black person is also not a nikker, atleast it doesn't say so on his passport.

I thing it is reasonable to contend that copyright infringement is, in contemporary vocabulary, a subset of "stealing."
Certain groups of people would like us to belief that, luckely the law doesn't agree with that.

In some cases, you do, on both counts.
Sure it happens that it's actually murder, but it's not called that by default, only under certain circumstances and with certain motivations (if it isn't intentional, it's called manslaughter i belief)...

But stealing someone's idea CAN be stealing in a legal sense. And it doesn't have to be copyright infringement.

Indeed, Wizards of the Coast is right now suing Ninentendo for stealing their ideas, in the form of trade secrets (ideas that are protected by secrecy, rather than patents or trademarks).
I'm not a legal expert, but i'm certain that the attorney, wan't plead his case with the line "They stole our ideas.". And from what i understand of the case is that it's similar to the White Wolf vs. Sony case involving the Movie Underworld.
I'll quote from the original complaint:

Complaint
Nature of Action
1. Plaintiffs White Wolf, Inc. and White Wolf Publishing, Inc. (hereinafter collectively referred to as "White Wolf") seeks injunctive relief and damages for copyright infringement, false designation of origin and unfair competition engaged in by Defendants under the laws of the United States and the State of Georgia.
Do i see steal anywhere in the complaint? No. Do i see copyright infringement in the complaint? Mot certainly.

What is your end goal with this semantic game? If everyone agreed, "Dowloading is not the same as 'stealing,' it just happens to be immoral and illegal, and involves depriving others of the financial fruit of their labors" -
I don't agree that it's ammoral by default, i do agree it's illegal. It's also not by default depriving other the financial fruit of their labors.

- what would that semantic victory accomplish for you? Does it make piracy less bad?
What it would accomplish? Simple, one less wrong in the world. *hands john a puke bag* ;-)

Seriously though, it makes clear that in a legal sense stealing != copyright infringement. That copyright infringement is a more 'socially accepted' crime by a large part of the population. And hopefully that in the future comming generations will do something about the ridiculess copyright and patent laws.

What if this year's dictionary refine their numbered definitions of stealing to include theft of intellectual property, to reflect common usage, rather than having it under "idiom." Would that change the world for you?
Irrelevant, the moment the law changes so that it equals stealing, then it would litterally change the world for me (it would just have become a bleaker place).

The world already became a bleaker place (or should i say stupid?), because today some idiots granted Microsoft a patent that governs the use of cookies (internet cookies).

I guess I don't get why this is a nit worth picking. But darn if the pirate apologists don't want to make a big deal out of it for some reason.
I har\te being called an appologist just because people find it easier to use the word steal instead of it's proper designation, copyright infringement. If you need a further explanation on my motivations i would refer you to my signature (below the big ass logo)...
 
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Cergorach said:
Yes, it's a semantics game, certain people want to say that downloading is stealing, thereby implying that every illegal download is lost revenue. This is simply not true, if the downloader would have bought the product if he hadn't downloaded the illegal copy, then, and only then revenue is lost. But it stil isn't stealing, only copyright infringement.

You don't call a soldier a murderer because he killed the enemy in a war. You don't call someone who was in a traffic accident a murderer because he killed someone...

So if you call downloading stealing as in, stealing someone elses idea, i'm on the same wavelength. If you call downloading stealing as in a legal sense, then you'll have me refuting you every time.

But we're getting a bit offtrack.

Downloading is in fact stealing. After it surpasses a certain point, it stops being the civil offense of copyright infringement and becomes the criminal offense of counterfeiting. And the cutoff point is small; 10 units or $100 retail value.

And the biggest user of this fact of law? Not microsoft, not the RIAA, but Disney. Back in the 1980's, with the locations of both Disney World and Disneyland being essentially coastal, it was natural that the boardwalk and beachside airbrush studios were doing shirts with Disney characters. As soon as Disney could document that an airbrush shop had produced enough similar shirts to breach the counterfeiting laws, the company filed criminal complaints against the shop. The shop owners were arrested, not served with court papers. And the MPAA uses the laws constantly to this day.

Since then, the same laws have been used by the software industry against warez web sites. And for awhile, it was effective in shutting down many of the warez sites. Next up, watch for the RIAA to start using the counterfeiting laws against once they discover a means of file sharing that provides a tracking capability.
 

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