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File-Sharing: Has it affected the RPG industry?

Umbran said:
Well, as I shall say again, you cannot lose what you can never have gotten.

As an extreme example - I can write down 17 words in a pdf, call them the best joke in the world, and chage $50 for you to download them. The likelyhood that anyone would buy a 17 word joke from me, sight unseen, for that much is extremely small. I am not going to make any sales. This pdf will earn me no money whatsoever. So, if people steal it, what sales am I losing? None whatsoever. So I suffer no actual loss. My rights were violated, yes. But I didn't lose any income in that violation.

To say that the electronic theft represents what the creator "would never have gotten" presumes a 'God's-eye' view in which it's possible to claim that the thief would never have valued the material enough to buy it when the thief did value it enough to steal it. Removing the material shows that the thief broke the implicit contract of not getting access to the material without paying for it, so I feel it's totally reasonable to use the cost of the item to describe the magnitude of the stealing.

If you shoplift an item from a store that has a price tag of $1600, then your charge will be based on that price tag, not your claim that the item only has a real value of $1000. We can both imagine ridiculously extreme situation in which a judge might use his/her discretion to adjust this for this silly case, but that would be a reaction to what is clearly an extreme, and I don't think that there is a case this extreme that has come up.

But, I'll do you one better. There are cases in which the theft leads to financial gain. ... Geek steals a copy of one, decides it is really cools stuff, and decides to support the company by buying others.

Even if I go with you completely on this, it does not change the act itself, so I don't think it should change the legal repercussions of the act.

I have never met anyone who falls into the category of the geek in the story, but I have met too many people, unfortunately in the gaming community, like this to imagine the scenario as "Geek steals a copy of one, decides it is really cool, and decides to steal another by the same company". Could you please explain how you can know that the wonderful, noble thieves of your story so outnumber the ones in mine that filesharing
does no harm?
 

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Dr. Harry said:
Yes, the material has been copied. Material that was in the store for the purpose of sale was removed from the store without the sale occuring. The difference between this case and one where the book itself is shoplifted is immaterial as far as whether stealing has occured. Sure, someone could claim that no "material" has been stolen, similar to someone claiming that nothing was lost if a thief shoplifted a book and there were a lot of other copies, but I don't find this meaningful. The thief removed the material offered for sale as he now has a copy outside the door that he can use that he didn't pay for.

Okay for the rest of this post I will assume that theft represents removal of an idea, rather than (or perhaps as well as, since otherwise we end up with the ridiculous case where physical removing the book from the shop but not reading it is a lesser (or non-) crime than removing the idea, which is absurd because it prevents sale to another) physical material since this is what you are claiming.

Dr. Harry said:
No, it is not like saying that. The material was purchased by the library for the purpose of being used in the way you are using it. Photocopying the book when you got it home from the library would be stealing it, though.

But a library purchases maybe 3 or 4 copies of a book and the idea is distributed to 100s of people. Surely the 100's who have not been paid for are committing theft of the idea ? If not it leads to the situation where I have the right to lend something I buy to as many people as I want, and from there one has to ask what's wrong with copying it ? They'll see the idea anyway , and I don't know a lot of people that read the same book more than once (with a few exceptions (textbooks,or something like the Lord of the Rings)) and hence the bookshop has lost any potential sales already.

Dr. Harry said:
No, it doesn't lead there at all, unless you posit the idea of people who can read minds who can then read the material . A ridiculous fantasy, to be sure, but no more than your reductio ab absurdio. This accusation of yours depends on bouncing between two different descriptions of the "idea". One the one case is anything gained from a casual reading of the material, and the material in a form in which it can be casually accessed whenever. As I said in another post, this cannot be divorced from the context.

Ah but you see, I have removed the material that was there for sale without paying for it, which you say is what theft is, so by that defintion (yours) I have stolen it. And I can choose to write it down and distribute it. The idea has been taken, exactly the same in the above case it just has not been physically reproduced (yet), if we go by your definition that duplication of ideas is theft than I have committed it, because the idea is now in my head.


Dr. Harry said:
I didn't say that, so my response does not change.

Fair enough, I was just positing a possible claim based on earlier replies about libraries.
 

Umbran said:
As an extreme example - I can write down 17 words in a pdf, call them the best joke in the world, and chage $50 for you to download them. The likelyhood that anyone would buy a 17 word joke from me, sight unseen, for that much is extremely small. I am not going to make any sales. This pdf will earn me no money whatsoever. So, if people steal it, what sales am I losing? None whatsoever. So I suffer no actual loss. My rights were violated, yes. But I didn't lose any income in that violation.

You call that an extreme example? It really isn't. At one point, people were paying up to $25 for The Wisdom of Lobo a "comic book" published by DC. IIRC, it was perfectbound, full color cover, 32 blank pages inside, retailing at somewhere around $3.00 when it initially reached the stores.
 

The distinction people are really looking for is "larceny" vs. "copyright infringement."

Stealing a book from a bookstore is a case of larceny, because the thief has deprived the bookstore of possession of the book.

Copying a book in a bookstore with a portable copier is NOT a case of larceny, because the bookstore has NOT been deprived of the either the physical book or the ideas contained in it.

You will note that legal dictionaries (http://dictionary.lp.findlaw.com/ or http://dictionary.law.com/) define "theft" as synonymous with "larceny."

So Sigil is in fact correct that taking a copier into a bookstore and duplicating the book is NOT theft because it is NOT larceny.

Hence nothing was stolen. Period. Copyright was infringed, certainly, BUT NOTHING WAS STOLEN. QED.
 

As others have commented, this is a very interesting thread. I'm coming in on it a few days late, though it has gone fairly strong.

JDWiker said:
If you're interested in this topic, and you plan to be at Gen Con Indy this year, The Game Mechanics is hosting a debate on this very subject at Gen Con, on Saturday afternoon ("Internet Piracy: Impact vs. Ethics" at 3 pm). It's our intention to present the basic arguments for and against file-sharing, then open up the floor to comments from the audience. If you've got an hour to spare, we'd appreciate getting your insights!

I wish I could attend GenCon as it would be a very interesting debate/seminar. Would it be possible to have it audio recorded, and then made available online after GenCon ? A transcript would also be very cool.

At GenCon I knew there was a d20/OGL seminar that was recorded and made available on the internet. I found the link in an mp3 playlist file I had on my computer:
http://gamingreport.com/files/audio/OGLd20Session.mp3

It's about 53 minutes long (almost 19Meg in size at a 48 bitrate).

MerakSpielman said:
I really don't think I could use pdfs instead of books even if I wanted to. If I did want a pdf archive of books, I'd do it myself from books I've already purchased so I can be sure it's being done right.

I'm very selective like that with my music. I have a compulsive need to have as many mp3s as possible at the maximum bitrate (meaning 320kps), meaning a 5:23 song weighs in at 12.3 meg. I can notice the difference in quality between a 320 and a 128. In order to get that quality, I have to buy the cd, and extract the tracks. Lately I've forsaken North American music for the much higher quality European progressive rock/metal bands. As a shameless plug my favorites are: Lacuna Coil, Hammerfall, Nightwish, Stormwitch, Metalium, Rhapsody, Within Temptation.

To lead this post back semi on topic, I've downloaded lots of books, most of them poor quality. I like many others in this thread, download them to preview them. The last product I've actually purchased was probably the Ravenloft PHB and the third module in GRR's Freeport series. There was one book can only assume I got off Kazaa. It was an adventure I used to kick off my recent campaign. Funny thing was, it was an adventure the publisher had put on their website as a free download. :)

In general I've noticed a trend in which 80% of the product that can be downloaded comes from about 7 companies.

And now to a post from the beginning of the thread which I felt I needed to respond to:

Henry said:
The small-press people see sales (maximum) of 5000 copies over the lifetime of one product, in rare circumstances going higher than that. PDF publishers will see an average of 100 to 500 sales TOTAL of a product, only slightly more if it's absurdly popular.

Wow, what figures (and from who) did you get those from ? Recently (with all the product flying around), you're in heaven if you manage to sell 1,000 copies over the lifetime of a product, particularly if you are small-press (non-d20 gets about half). It's possible S&SS, Mongoose, Fantasy Flight, AEG, etc get around your figures, but I wouldn't call them "small press". They're in the mid range.

As to PDFs, I'd expect that publishers might see an average of 50-100 sales. Some of the popular titles maybe within your 100-500 range. Of course, I don't have any stats to give any actual figures.

Unless you have actual data. My only figures come from being a member of the GPA (Game Publishers Association) where a large number of Small-Press can be found, and the advice regarding the state of the market from the head man at Impressions Advertising (who does fullfillment for a number of d20 and non-d20 companies).
 

Thanatos said:
...and Ralts illegal invasion of privacy and federal computer laws violations pretty much put him in the same league with the copyright infringers in my opinon. I won't ever buy anything from him, now that I know he does things like this.

Gee, all of a sudden I invade privacy and federal computer laws by inserting a tracking method for a product?

Hmmmm, let's see what else does this...

WINDOWS!
Norton Antivirus!
Hundreds of software titles use this system. In order to register/update, etc, it pings a server.

Now, how did I invade thier privacy? Are IP number private, or are they public information that the backbone of using your computer on the internet is based off of?

No copies of thier hard-drives. No identification of names. No information what so ever, at all.

Just }ping xxx.xxx.xxx.xxx

That's it. Ping.

Your computer does that on a regular basis. This site leaves more data and examines more data on your system than my little tracker did.

Honestly, to me, that little statement reminds me of a child caught with his hand in the cookie jar who yells: "FINE! I'LL NEVER EAT COOKIES ANYWAY!" at his catcher.

Thanks for the accusation that I invaded people's privacy and broke federal computing laws. Thanks for the libel. I appreciate your devotion to the facts, as well as the intent and scope of what I did.

Remind me, if I ever regain the ability to really care about things, to reread the section on how I'm a criminal.



And additionally, if you read it again, this is what was done...

I took the online "FREE SAMPLE", inflated the PDF and zip size, added my code to **PING** an IP address (the massive invasion of privacy I did, a PING! Oh my god, I know everything about them, and can now watch them in the shower! They've been violated by a PING! I could get more data with a whois on mIRC!) edited the zipfile comments and file comments to match the illegal copies on KaZaA, Bearshare, Gnutella, eMule and others, and placed it in a folder.

The "Free Sample"...

Not my complete work.

But, apparently my data was skewed. One person downloaded it and just opened it a lot. And continued to open it, a lot, just because he likes to see: "BUY THE REAL BOOK, THIEF!" in big red letters at the top of the pages of the PDF....

I like how an attempt was made, both to discredit what I did, and to claim that I am a worse criminal than those who download the RPG material...

Here's some data to consider...

Many companies are moving to no longer producing computer games. Why? Because you can download ISO CD files within days of the product hitting the shelf to copy the CD, complete with instruction for the stupid.

RPG PDF's are moving to the "Why bother? They'll just steal it." train of thought.

Quality software for RPG's is not being produced for pay, due to the massive amount of piracy.

Is this having an affect on the industry? I'd say yes.

Is it wrong to download PDF's that sell for even $0.01 for free? Yes. Unless you live in some bizarro universe, it's wrong, and most of all, YOU KNOW IT!

All of this legalese is just self-aggrandizing excuses for something you KNOW is wrong.

Oh, and for those of you who were wondering, we will be inserting microchips within all hard-copy books that allow me to track you on my global sat-system and watch your sister take a shower.

Sheeesh.
 
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Ok, this post goes along in much more detail than I was planning to. I have no idea how much fire there is under this thread, or if it has simply come to it's natural conclusion (with nothing left to be said).

Bendris Noulg said:
One question I do have for the "preview" file-sharers: Do any of you find yourselves "backed-up" in your planned purchases? How many have found yourselves in possession of so much material that you want to buy that you can't possibly do so in a reasonable amount of time? Or, more possibly in my mind, at such an expense that you can't feasibly afford it all?

I recently (since about Febuary) got into HarnWorld and HarnMaster. Compared to many other products by many other companies, theikr products are expensive. Imagine for $30 you get 160 pages of rules (80 looseleaf sheets) a pad of character sheets and a thick cardboard GM screen. On the other hand, HMlite (consisting of just the rules) is $10. Ok, admitedly, this is fairly cheap cost/number of pages, but the core rules only comes with a brief two pages for Wizards, and two pages for Clerics. To get the rules for wizards and magic, it is $30 for 72 pages. To get the rules for clerics and religion, it is $30 for 88 pages. All told, $60 for 160 pages of material that you generally might find included in your average FRPG. So, what does the above mean.

When I first learned of Harn (from their free pdf of the HM3 rules), I immediately knew that this was the set of rules that I would use for my gaming purposes and drop 3e completely. Since I had major differences in my world background for Wizards and Clerics, I decided that the Magic and Religion products weren't worth getting. I spent some time on Kazaa and found Magic. I found a whole lot of other harn product (mostly OOP products from 20 years ago that I will likely have no chance of finding used online for a decent price). I eventually want to get a physical copy of all product for Harn, but simply do not have the money (most of the inprint articles cost $0.50 per page) at this present moment. Back to Magic. I read up on it, and was interested in it, but it wouldn't fit my world. I could not find Religion on Kazaa *anywhere*. It wasn't a concern because I figured it eventually has to show up sometime. Well, I decided to start a HarnWorld campaign to familiarize myself with the rules, and one player wanted to be a Cleric. I attempted to find it again on Kazaa, but to no avail. I eventually decided to purchase it. I got it used from Noble Knight for about $2 cheaper than CGI sells it for. I also got another product at the same time (Pilot's Almanac). Note: my reason for eventually purchasing had more to do with the emergency of requiring it for a game, rather than being unable to find it. If I didn't have any plans of starting up Harn, I would've waited.

I want so much to go on CGI's website and order a copy of every article they currently have in print, but I simply do not have the available resources to commit to it. Imagine oweing $7500 on a credit card, an $8000 student loan, and a $5500 personal loan from family, and combine this with a $100 week income. :(

And yet, with all this debt I have managed to purchase about $200 worth of Harn product, and around $100 worth of cds from some amazing European bands (who without the presence of Kazaa would go unpaid).

Of the files I do have 93 total, only 20 are official Harn products. The other 73 or so is fanwork of incredible quality (or free official pdfs). Of the 20 "illegal" downloads, only 7 are still inprint, and thus available for me to purchase if I had the available cash. I'd have to spend $127 to catch up on planned purchases at this present moment. The only slight problem comes to some of the products released as pdfs only (though there is only one such product I have downloaded), and they're not quite up to the quality of classic Harn products.

Now, onto another sub-topic of this whole debate. As many have commented, people have a price range in which they are willing to purchase a particular product. For me, computer games are simply not worth the price that new releases are charged. The amount I will pay is between $15-25. As an example, for many years I played Starcraft off of a burned copy. We mostly played at lan parties, and I rarely if ever actually played the single player or on battlenet. Even when it was available, my need for a legit copy did not outweigh the price I would be willing to pay. Eventually the price dropped, and I found the Starcraft bundle for $30. This fit my price range of $15 per item. I was playing it more often, became decent at the game, and enjoyed it, thus it became an ethical obligation to purchase it, and in a small part support Blizzard. The fact that it has, and still is a mainstay years later at lan parties shows that it has been well worth it.

Part of my resistance at paying "New Release" price for a computer game is that I know in about a month (with my ADHD) I won't be playing it very much anymore. Also, I have no idea whether or not my computer will have the necessary hardware support. I got "screwed" when I first bought NFS: Hot Pursuit 2, at $30 (it was near my price threshold, and it had dropped from $50 that it was at). It chunked and was horrid. I eventually learned why having a soundcard is a good thing. By the time I learned the "problem" (about 6 months later), Hot Pursuit 2 was selling at $15! Of course, this discussion thread is about RPGs, so I'll end this with a little bit of my "philosophy".

In my current financial situation, I need to be careful with how I spend my very limited dollars. I always support those products which I get the greatest benefit out of, and encourage everyone else to the limit of my ability of persuasion. Of course, knowing how much benefit something can provide can only be determined by using it as such. Whether this use takes one week, one month, or even one year, is dependant on the lifespan of my use of the product.

That is one of my complaints with "trial use" software. I will never know within the trial period if it will be something that will justify the price asked for. One example to bring this back into RPGs is Campaign Suite by Twin Rose. If I recall, the trial use had some disabled features so that you couldn't use it fully functional without paying for it. Since I've never used a program to organize and keep track of campaign details, I don't really know what the program's full potential could be, and I couldn't spend enough time with the disabled version to know if it could do as much as I wanted to, if not more.

And finally one more opinion (since the 5th paragraph I've been telling myself that was all I had to say... :\ ) To print up a supplement that has been downloaded will often cost as much if not more and you'll end up with a lower quality product. PDF's are fine for reference on the computer, but not much beyond that. I've determined that if I were to print about 60 pages, it would use half of a black cartridge. $40+paper for approximately a 128 pages. It is cheaper to simply purchase it at the store. This of course depends on how much use you will get out of the item. One final example, when Star Wars was released, I managed to get it as a Christmas present. I have not used it *once*. I've barely looked at it beyond how they deal with Jedi (possibly for ideas for my own game).
 

Warlord Ralts said:
Gee, all of a sudden I invade privacy and federal computer laws by inserting a tracking method for a product?

Hmmmm, let's see what else does this...

WINDOWS!
Norton Antivirus!
Hundreds of software titles use this system. In order to register/update, etc, it pings a server.

Actually, those would be invasions of privacy too except for one important note: the End User License Agreement.

You remember all that legal mumbo-jumbo that most people just click OK to when installing a program? Well, part of that agreement gives Microsoft/Norton/whomever the permission they need to track the software. By clicking OK there, you've waived the ability to sue them for invading your privacy.

In your case, however, there is no such agreement. Now, whether they could successfully sue you for it is another question. More than likely, you would sue them for copyright infringement and then they would counter-sue you for illegal invasion of privacy. Then it would get so bogged down in legal workings that it's unlikely either of would ever get anything out of it.

Also, the fact that you were sharing the file invalidates your ability to sue people for taking it from you. The same is true, for instance, of police drug busts: they cannot prosecute someone for trying to purchase drugs if the police OFFERED to do it. They can only prosecute them if the buyer contacted them first.

In other words, they must be able to demonstrate the intent to perform the illegal transaction BEFORE they enabled it. Since it's nearly impossible to prove whether or not people would have downloaded your PDF if you hadn't been sharing it, it would be extremely hard to convict them.
 

Kalanyr said:
Okay for the rest of this post I will assume that theft represents removal of an idea, rather than ...as well as ... physical material since this is what you are claiming.

The impression that I have received is that it is the use of the word "idea" that may be causing much of the problem, as the use of the word is changing during the course of each discussion, and different uses are being applied even in the same paragraph. Please reread the post that your responded to.
Note that earlier (post #181) when I said "The information contained within the book which was the source of the inherent value of the book", you responded with "How has he removed the idea from the store?". This was responding to something I do not write while ignoring something that I did write, and even something which you quoted. This messiness contributes to the circular nature of this debate. It is my position that the stealing (I am using this colloquially, whatever the technically correct criminal description of this act; this should not affect the discussion overmuch unless one is making the argument that nothing criminal is occuring) is the act of removing the commercial product without rendering payment for it.
What I claiming is what I have just re-written. I hope that this is direct enough that there is no need to interpret me such that you tell me what I'm claiming.

But a library purchases maybe 3 or 4 copies of a book and the idea is distributed to 100s of people. Surely the 100's who have not been paid for are committing theft of the idea ? If not it leads to the situation where I have the right to lend something I buy to as many people as I want, and from there one has to ask what's wrong with copying it ? They'll see the idea anyway , and I don't know a lot of people that read the same book more than once (with a few exceptions (textbooks,or something like the Lord of the Rings)) and hence the bookshop has lost any potential sales already.

Well, again, it is not the theft of the "idea", as you are using the word. The use of the library book falls well within the anticapted use for which it was purchased by the library. If you friend buys a book and loans it to you, the same situation applies; the material has been legitimately purchased - until you make photocopies of it. Your purchase of the material gives you the right to do a lot with your copy of it (loan it, give it away) but not to make a copy of it. This form of stealing is the crime of copyright infringement and, in a pinch, I see no reason to object to using the number of copies that other people liked enough to take as a measure of the loss suffered by the person with the rights to produce the material. To the oft-made response "Well, I didn't like enough to buy it", if the individual in question had no interest in it, then why take it?

Ah but you see, I have removed the material that was there for sale without paying for it, which you say is what theft is, so by that defintion (yours) I have stolen it. And I can choose to write it down and distribute it. The idea has been taken, exactly the same in the above case it just has not been physically reproduced (yet), if we go by your definition that duplication of ideas is theft than I have committed it, because the idea is now in my head.

No, you have dramatically overstated my position. You are not correct in what you say that I say theft is. The "idea" (see above for my thoughts on the harm using this term in this discussion has caused) is not available in a commercially useful way by looking at the material and leaving. While many people do not read books more than once, gaming material especially is most often used as a reference, and is thus refered to relatively often. While IANAL, I would wager that reproducing the material would be stealing by copyright infringement, as leaving with the material on electronic media would be as well.

I do not have the position that copyright is an inherent evil. This does not represent an endorsement of copyright laws as they now stand, but any problems one might have with copyright law does not enoble those who steal material (with the possible exception of someone who did and then submitted themselves to the system to protest the law). I could use examples from recent history, but I stopped myself in time.
 

Warlord Ralts said:
I took the online "FREE SAMPLE", inflated the PDF and zip size, added my code to **PING** an IP address ... edited the zipfile comments and file comments to match the illegal copies on KaZaA, Bearshare, Gnutella, eMule and others, and placed it in a folder.
The "Free Sample"...
Not my complete work.
You also:
Warlord Ralts said:
So, I did it with any PDF I could lay my hands on that was already on the file-sharing groups.
Roughly, each book (which had 3-6 pages of OGC in it) generated over 1900 unique IP's that also in the repeat IP hits.
Each book generated roughly 3000 unique IP hits.
This implies that A you either did it with non demo books or you are complaining because people have copies of the Free Samples on their computers? I am confused here. Either these books are the real ones and you personally are giving them away, or these books are the free demos which anyone should be able to download without concern. Which is it?
 

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