So...piracy. The
games industry loves to blame all their problems on piracy and used video
games. But...is it really as big a deal
as they say? Is piracy the crippling
blow to the industry that publishers decry it as or is it, as many pirates
claim, a victimless crime? Taking money
from the already bloated, over stuffed, often dishonest publishers for products
that are not worth said money to begin with.
I'm not, nor will I ever be, a pirate.
I disagree with it on a moralistic level. However I do understand the ideas behind
piracy in the modern age. So...I'd like
to discuss for a bit about piracy in the video games industry and how it both
hurts, and is actually beneficial, to said industry, despite claims to the
contrary.
Everyone loves pirates, right? Err...right? |
First,
let's look at the definition of piracy.
Before copyright came to be, it was robbery or illegal violence at
sea. Robbery seems to be what stuck with
people, as these days piracy has been morphed into a catchall term for
unauthorized reproduction or use of a copyrighted material in its original form,
I.E. copyright theft. These restrictions
have been relaxed in recent years to allow these materials to be used so long
as they are altered, such as with commentary from a let's play, or through a
review. However, the idea that piracy
equates robbery has always stuck with any industry that thrives off copyrighted
material. And to some extent, I
sympathize. Artists need to make money
in order to keep producing art. Even if
they love it, if they can't afford to eat off their art, they probably won't
have time to make it because they'll be too busy doing something that puts food
on the table. However, with the rise of
corporations who use and abuse the artists for their personal profit and the
advent of independent releases on the internet as opposed to something that HAD
to have a publisher to ever see the light of day, I think that piracy has
become sort of a buzzword that many people use to frighten others and imply that
they are a victim.
In this day and age, piracy has become like the word communist or socialist. It's just a buzzword to scare people and justify things that should not be justified. |
First, let me say this. Piracy should only be used as a term if a product
is on the market, being sold for profit, by either the original creator or a
duly appointed seller, I.E. a publisher, and if this said product is being
taken and either being used or redistributed without providing proper remuneration
for those who created it. What does this
mean? Well, essentially, this is my way
of saying I do not believe that video game emulation should be considered
piracy. For the most part, at
least. When emulation was first on the
rise, many video game companies feared they would be out millions as people
could simply download the game code on the internet for free and use their
computers to mimic console hardware so they could essentially play any console
video game they wanted for free. At the
time of emulation's creation, I could understand these concerns. However, they have gotten far stupider as
time has gone on. Emulation, for those
not in the know, is where a video games code is downloaded from the internet in
the form of a ROM, then a player, which emulates a video game console such as
the SNES or the Sega Genesis, reads these ROMs and plays them as if they were
the actual game. Largely, it is excused
if you delete the ROMs in a 24 hour period, as a trial run, or if you already
own a physical copy of the game.
I want to
ask people to take a moment and think about emulation and its potential to hurt
and its potential to preserve. It has
been seen as a tool for piracy by many, but is it really? Well, in some cases, yes. If an emulator for a modern console, like an
Xbox 360 or a Playstation 3 were released along with ROMs for games that you
could still buy in stores it would be piracy without a doubt. The developers and publishers are still
making sales off these products and they are still in production, so there are
costs to consider. However, what so many
people overlook is that emulators are almost ubiquitously used to play older
games on the Atari 2600, the NES, the SNES, the Genesis, etc. These games are no longer sold in most stores
and even if they are, their sale does not profit the publishers or the
developers any longer. Many publishers
or developers of older games have ceased to be, actually, so sales of these
games are strictly between private owners, not a retail outlet which pays for
the games to be stocked. In this case,
emulators are not really a form of piracy.
They do not steal money from a publisher or developer, as the product is
no longer in use. In many ways, it is
like the copyright has become invalid as soon as production and sales of these
games have ceased, making them seem like fair use products. They are not, I assure you, but...I do not
see the harm, either. Emulation has the
potential to hurt consoles currently still on the market, however, it is also a
tool for preserving and re-experiencing video games from a bygone era that you
may not have had a chance to play or buy during your youth. Emulation under these circumstances should
not, I believe, constitute piracy.
However, if these games are ever re-released, I believe that playing
them on an emulator, even if their ROM is from a cartridge no longer being
sold, then it WOULD constitute piracy. The
Wii and Wii U, for example, frequently re-release older games that they have
the rights to. In this case, downloading
Super Metroid for free, online, to play on an emulator, when a legitimate copy
is being sold, for very little might I add, is piracy. Simple as that. Emulation is used by many as a way of
expressing love for video games and as such, I believe that a bit of good faith
is in order. If the games you love are
available in such a way that benefits their creators then buy them. Support the creators. However, if games are not for sale, then feel
free to emulate them. You may even stir
interest for sequels or re-releases by keeping their memories alive.
Now for the prickly subject
that no one wants to talk about.
Emulation is widely regarded as okay, by gamers and even by some
publishers when it meets the circumstances I outlined above. However, there are some forms of piracy that
many try to legitimize, which have no bearing in reality. Yes, if the game is no longer being made for
profit and the sales are no longer going to the creator, there should not be a
concern as to who plays it for free.
Many gamers, however, feel justified in piracy just because they cannot
pay for games. I understand this
dilemma. Games are growing more and more
expensive to buy and with the economy in its present state there is less and
less money to go around. So, you feel justified
in pirating a game since all your money is going to supporting yourself. I get it.
But if you ever want the industry and the world at large to actually
accept this as kosher, then you need to act in good faith. What does that mean? Well, essentially it means supporting the
games even if you do commit acts of piracy.
The host of a radio show I listen to, for example, once openly admitted
to buying a copy of Skyrim on Steam, then getting a cracked copy for free
online. Why? Because he does not like how Steam interferes
with his experience, through its pop in menus and glitches. However, he already paid for his game, so the
developers have already profited. This
is what one might consider an act of good faith. Pirates who buy the game, disagree with some of
its design choices, like the recent always online DRM of Sim City, and decide
to get a pirated version regardless.
This is not a problem, provided you DO act in good faith.
Pirates who
try a game and play it all the way through, then buy it to support the
developers show good faith. I would even
argue that pirates who try a game for a little bit, dislike it, stop playing
it, and don't pay for it act in good faith, as this is akin to buying a game,
trying it, disliking it, then taking it back to the store for a full
refund. However, I have to call out the
pirates who do not act in good faith.
Pirating a game that is available for retail, playing it all the way
through, keeping the pirated copy on your computer, and then never paying for a
retail copy is stealing. This may sound
accusatory, but it is. And I know that in
this day and age publishers are over bloated, toxic to their own customers, far
too controlling, and often downright dishonest with us. I know this.
But you cannot simply pick who to like in the games industry when it
comes to piracy. What do I mean by
that? Well, what I mean is if I said to
hell with the publishers I hate, I would also have to accept that indie
developers bending over backwards to make their games easy to play, download,
pay for, and DRM free shouldn't get any consideration either. Or that people giving away games in bundles
like on Steam or the Humble Bundle also are beneath consideration. If you were to pick and choose like that, it
would be akin to a police officer having the option to pick and choose who to
arrest. Or a bank picking and choosing
who to foreclose on, leaving their favored customers alone while bullying new
customers. These acts are dishonest and
they spit in the face of the idea that we are all equal under the law. The same principle applies with game
piracy. You can hate a company and its
games and not buy them, that's fine, that's capitalism. However, you cannot pirate the games of one
company you don't like, then turn around and say people should buy games from
another studio. That's simply dishonest
and hypocritical.
In a
subject like this, if you won't act in good faith, then you are not allowed to
pick and choose who you decide to screw over.
If you don't buy a game because you don't like it, fine, you've chosen
with your wallet. If you pirate a game,
like it, but never pay for it...you are stealing. You cannot argue otherwise. I sympathize with not having money to pay for
a game at this moment, but that is why good faith is in order. If you pay for it down the line...great. If not...thief. Remember, this is only games being sold for
profit, so emulators or gamers who want to pirate games that are no longer sold
but which are still not freeware? I have
no issue with you and neither should the game industry. But I do have issue with the people who hurt
developers who genuinely need support.
Like all
things, the video games industry is a business.
Not everyone, however, plays by the rules of the over bloated AAA industry
and smaller indie developers put their heart, souls, savings, and life into
making great games that they enjoy and want to share. I think it's fair that these people get
remuneration for their efforts. When
Derek Yu and Alec Holowka made Aquaria, it was a labor of love by two talented
game designers and for their efforts, their game enchanted tens of
thousands. But how many sales were lost
due to piracy? How many people profess
love for a game, then offer the creators nothing for their efforts? This is not acceptable. In fact, sometimes, it is heartbreaking. Recettear is an indie game about a girl
running an item shop and in the demo, it talks about why she runs it. She's in debt. And the developers threw in a tiny gag at the
end of the demo, where the girl pleads with the audience to not pirate the
game, otherwise she will never get out of debt.
And this isn't just meant as humor.
Indie developers can live or die off a few thousand sales, since they have
very little overhead and sometimes don't have to give publishers a cut. The fact that this game, which does
everything it can to be as open and available as possible, has to plead with
its audience to not steal it is heartbreaking.
You might ask, "What's the worst that could happen?" Well...how about no more games from indie
developers. No more Fez.
No more Aquaria. No more
Dust. No more Minecraft. If everyone pirated these games, the
developers would die. There would be
little to no point in making the games.
No sequels would be made. No new
projects. It would end them. The pirates I take the most issue with are
those that do not act in good faith and willfully steal from these developers
who need all the help they can get. But,
as Jim Sterling pointed out, there is one breed of pirate who is the worst of
all.
Pirates who
steal from charity. My jaw literally dropped over a year ago when I saw Jim Sterling's article on just how many people had pirated the Humble Indie Bundle.
For those unaware, the Humble Indie Bundle is an organization that, with
the creator's permission, periodically releases indie games at far below their
normal price in a large bundle and gives a portion of their profit to the
charity Child's Play. You can pay a fair
amount, like 10-15 dollars and get extra games or content. Or you can pay a single penny and get the
basic bundle. A single penny for
anywhere from 4-6 games. And yet some
people still felt that that was beneath them.
I understand piracy. I understand
wanting to try before you buy. I
understand wanting to recapture the past.
I understand not having money to pay for a game. But this is willful, malicious greed and
should never, ever be excused. I will
agree that game companies do treat their customers too harshly in the battle
against pirates. But those who not only
act in bad faith but who will turn their nose up at honest, noble attempts to
deliver great games at a low cost which benefits charity? I have no pity for them. In the least.
The Humble Bundle is an effort by game developers to give games out to the fans for very cheap and at the same time, support a worthwhile charity. To pirate this is to be absolutely morally bankrupt. |
So, is
piracy a victimless crime? No. No its not.
Not everything should be considered piracy, I admit. Emulation can prove to be a great way for
those who are broke to experience older games without hurting anyone by getting
a chance to play games that are no longer sold for profit. However, piracy on the whole does take away
money from those who desperately need it.
Piracy in bad faith, that is. I
would actually argue that piracy in good faith does more for the industry than
any amount of advertising could. Piracy
in good faith spreads the word about a game to people who may want to buy it,
without acting as if they are justified in their theft, since the pirates also
want to support the game and will eventually buy it. This kind of press cannot be bought with any
amount of money and will be beneficial to any game that was made with passion
and not created as just another assembly line piece of shovelware. Many indie developers have been gracious in
the face of piracy because it does spark interest. I say, good for you for being so gracious,
but you still deserve to be paid. Piracy
is not a victimless crime. But it does
not always have to hurt people either. I
imagine in the olden days, pirates could not only steal gold and silver from
ships, but also medicine for sick families who could not afford it. Piracy is not evil in and of itself. However, when performed in bad faith, it
deserves no sympathy.
I should
end this discussion with that, however I just want to bring up something Daniel
Floyd and James Portnow have said in the Extra Credits Series. You want to stamp out piracy? Then offer a better service. This is simplicity itself. Why do people pirate? Because of DRM. Because games are too expensive. Because there are no other options. Give them other options, and the pirates will
beat a path to your door and fling their money at you whole heartedly. Most of them will, at least. There will always be those who think it
beneath them to pay, who believe the internet and anonymity entitles them to do
as they please...but for most pirates, offer them what they can only get
through piracy, and then one up that offer, and you will win over hundreds of
thousands if not millions of customers.
Steam uses DRM. However it is not
intrusive, games connect directly to the Steam forums and community through it
for troubleshooting and support, it can be deactivated to play offline, and
Steam offers trading and great sales to bring the cost of games down. GOG does one better, allowing players to,
after paying for them once, re-download their games as much as possible,
potentially allowing limitless sharing.
The games themselves are also completely DRM free with sales that happen
just as frequently as Steam sales. These
are things that piracy cannot always do.
If a torrent disappears, your source to a game is gone. But so long as you have a GOG account, it
will always be there for you to re-download.
So, how do you stop piracy? Make
it seem like more of a hassle than buying the games legitimately.
Want to stamp out piracy? Offer a better service. |