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Veni, vidi, vici.

Name: Francisco *AKA* Y0j1mb0

Age: 38. I'm the residential Old Geezer of Destructoid & You Tube Superstar.



Likes: Poker, Roast Beef Sandwiches, unsolicited sex, video games of all genres.

Dislikes: Elitist Pricks, Hippies, People who use the words "But I digress" and "n00bz"

Consoles I Own: PS3, Wii, Xbox 360, PSP Slim, DS Lite.
[ PSN:k0wb0y-b33b0p - Friend Code: 0774-3918-3804 - LIVE: y0j1mb0 ]


Founding Member of The Official Destructoid Beard Club and once Proud Reserve Recap Cblogger.

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For those who are weird and may actually want to read more of my stuff here are things off the blog I do. Occasionally I write for Flixist, a rad movie site where, get this, we talk about and review movies. I also help out a bud and try my hand out at game journalism (heh) at The Obsessed Gamer


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Piracy, Video Games and The Blurring of The Law.
Y0j1mb0 | 2:29 PM on 06.19.2008 31 comments




One of our residential Associate Editors, Dale North posed this question in his front page piece: "Would Sony be shooting themselves in the foot by fixing this piracy problem?" and while that question is the correct question to ask correlating to his PSP post, the question that popped in my head when I read his article was "When are we going to call piracy by it's rightful terminology..theft?" Whether piracy fuels sales or not of the PSP is irrelevant, what is relevant is the constant romanticizing of theft online as piracy. You are stealing something be it a game or application that you didn't pay for, right? Whether you feel the platform of choice is lacking in games, their software is priced too much, or the availability and ease of use of perpetuating the act of piracy easy, it still boils down to the same thing: stealing.


So easy to get..so tempting.

People tend to think that because it's on the Internets, it's not really an act of theft or that you are not essentially breaking the law. How can it be breaking the law when it's so bloody easy to do? So rampant? Let us make an analogy here: You go into a Best Buy or Walmart and their display case where their games are is open, for this scenario we will incorporate the notion that they have no security cameras or any form of a theft-preventive team in place. No one is around and it's a quick few steps to the exit. There are quite a few games that catch your eye and you know that if you were to pick up a few games and fill your pockets, none would be the wiser. What would you do?


Ninja Gaiden II? Wow..

Chances are, you would walk away..without those games in your pocket? Why? Is it because the act of theft on a tangible plane more real ? That if you can physically touch or grab it all the more damning to you morally? Why yes, yes it is. How about the opposite of that scenario? Let's rewind: you would take said games and walk out and enjoy them, snickering to yourself. Too too easy. What a loot I unearthed there, matey. It's not shoplifting or theft.. it's piracy. A better ring to it plus it has a sessy thing vibe to it.


260 Arcade Neo Geo Roms.. I can convince myself it's not stealing, darnnit!!

Say what you will about piracy, take any stand for or against it, but ultimately it's wrong. And like retail stores that adjust prices for shrink/theft, the only ones that tend to feel the sting of these acts are the consumers who don't partake and either the prices of the games themselves reflect this or an entire platform that is loved will cease to exist, Dreamcast anyone? I guess people that pirate can console themselves with the cliche' ready to be launched excuses. They should have better security, they should have more games then, their own library is pathetic so let me help myself with something else, it's easy, it really is legal! Well that's one way of seeing it, no doubt.

Another way is plain old stealing. You're not Johhny Depp on the Black Pearl. You're that petty shoplifter at Walmart that hasn't got caught thinking to himself: I'm not a criminal. They're stupid for leaving that display case open. I'm an opportunist.. I'm a pirate damnit! .



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28 comments | showing # 1 to 28
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Takeshi's Avatar - Comment posted on 06/19/2008 14:46
Takeshi
You're a pirate for stealing my EPIC poker prize while I was sleeping...
shipero's Avatar - Comment posted on 06/19/2008 14:51
shipero
Can I still call myself a pirate if I spend my time terrorizing English and French trade ships with my bloodthirsty crew when I'm not bittorrenting Dreamcast games?
Takeshi's Avatar - Comment posted on 06/19/2008 14:51
Takeshi
Arrrr Shipero, arrrr
Y0j1mb0's Avatar - Comment posted on 06/19/2008 14:52
Y0j1mb0
For you Shipero this will be allowed.
CountingConflict's Avatar - Comment posted on 06/19/2008 14:57
CountingConflict
Good write up Jimbo. I ran into a lot of this same discussion when I was getting my undergrad degree in radio/television. They find ways to survive, but ultimately, its the consumer that is in control. Just look at the DRM issues that companies run into. Announcing strict DRM policies is basically suicide in any industry these days. You just need to think around it, and always rely on the half of the population that are ignorant of P2P software.

Also, Takeshi.. I successfully defended my Epic prize last evening, so no one will be receiving that one =P
JACK of No Trades's Avatar - Comment posted on 06/19/2008 15:00
JACK of No Trades
Its not stealing! Its thousands of peers sharing each others games. How so sweet and kind.
GoS-CPT-Stewart's Avatar - Comment posted on 06/19/2008 15:05
GoS-CPT-Stewart
That was a tough game last night CountingConflict. I came close, although I already have the Essentials collection so I would have just started up a contest here on the C-Blogs to give it away if I had won it. I'm looking forward to kicking some more ass next Wednesday.
craineum's Avatar - Comment posted on 06/19/2008 15:14
craineum
I used to loot all the time, because I was poor, it was easy, and many other lame reasons. But I have since changed my ways. I destroyed/threw away anything like that and am now completely 100% loot free.

The reason I did it was not because of the stupid laws, or the stupid enforcement, or anything like that. I had kids and I wanted to set a better example.

However, there are some points that I do not agree with though. I think copyright laws are crap (and I am saying this as a coder and an artist). If someone can take what I do and make it better, cheaper, whatever... I think it should be legal. There are many industries that operate like this, the fashion industry being the best. People will still hunt and pay more for the original. This would happen with software if companies were lazy, relying on some kind of encryption to save them.

I also think anything that makes it harder for a user to use a product is stupid. Of course it should be their decision to implement this (as long as the don't use the government to enforce it if it fails). Then it is my decision not to buy anything from that company.
Timmeh's Avatar - Comment posted on 06/19/2008 15:14
Timmeh
For something to be considered an act of theft, you have to permanently and intentionally deprive someone of the use of something (that, more or less is the British definition).

So if I, being poor, download a game and play it, when I couldn't afford to buy it and wouldn't have gone and bought it anyway, who has been deprived of something?

I can honestly say I've bought more games off the back of downloading (be it that game itself or subsequent sequels I never would have thought of otherwise) than have been one of these non-existant lost sales the industry talks so much of..

Let me ask you a question, why should I buy something when:
I don't have any ownership of it (you pay for the license not the product)
Am limited to a handful of installs
Invasive software will be installed on my system
I may well be unable to play the game in the near future (online activation)
I'll likely have to wait for a bunch of patches for it to work right
It may not EVER actually work right due to bugs, incompatabilities, restrictive and redundant copy protection, the list goes on.

So no, I might not shoplift (where you are removing a real tangible product that the store can no longer sell) but I do on occasion download something, depriving nobody of anything. And as I say, in nearly 20 years I've spent more money than not on buying software.

You are trying to paint a black and white image of something that is anything but.
JACK of No Trades's Avatar - Comment posted on 06/19/2008 15:14
JACK of No Trades
^^^^^^^^^^^^^^^^^^^

Random

Plus, this bird teaches us bad behavior.

shipero's Avatar - Comment posted on 06/19/2008 15:20
shipero
I think theft is justifiable as long as you really want it. I also believe homicide is justifiable if the person you kill is a dick.
free touch's Avatar - Comment posted on 06/19/2008 15:20
free touch
For the last god damn time. The Dreamcast failed because of poor marketing. It failed because it was taboo, after the whole saturn filled days. It failed because it went up against the Playstation 2. It failed because they gave up on their shit way to early. Pirating had little to do with this. And to be honest, even though it hurts everytime I hear it, NO ONE WANTED THE DREAMCAST!

The psp would have failed for the same reasons. except switch the ps2 for a gameboy. Except Sony is a stubborn as hell company (see example Lik-Sang .
And they shoved it in our face until we excepted it.
Same thing with x-box.

If pirating was such a major factor in the decimation of the Dreamcast, why are people in Japan still receiving new games for it? Why is it still more popular that anything Microsoft puts out? It wasn't pirating. IT WAS SEGA.

but yes, pirating is still stealing, but so is watching basically anything that isn't user created on youtube. And everyone does that. But, there is a balance, so I don't think anything will come of it. The PSP is getting huge in Japan right along side the DS, and pirating has little to do with it.
Timmeh's Avatar - Comment posted on 06/19/2008 15:21
Timmeh
Oh, and no platform EVER died because of piracy. You think the Dreamcast got owned 'software theft'? You think the scale of Dreamcast copying was exponentially larger than what was and always has been going on in the PC world? Because that's where the vast majority of it goes on and people are still developing for that.

I tend to think that it was more a case of the Saturn getting owned by the PS1, and people not wanting to invest in another SEGA machine that would potentially bomb and bad marketing more than swashbuckling buccaneers.
Procyon's Avatar - Comment posted on 06/19/2008 15:30
Procyon
Serious question here, not trying to play devil's advocate, but: if I download the entire library of Atari 2600 software, is that piracy? Is there really any identifiable business that I am taking profits away from?
Dynamic Sheep's Avatar - Comment posted on 06/19/2008 15:36
Dynamic Sheep
"No one is around and it's a quick few steps to the exit. There are quite a few games that catch your eye and you know that if you were to pick up a few games and fill your pockets, none would be the wiser. What would you do?"

Where is this Walmart/Best Buy, exactly? I have no problem stealing from soulcrushing corporations, but I wouldn't steal from people I know. Plus, when you steal, you take something that someone else could've had... if you're "pirating", everyone can have it. It's like sharing, and you can color me red because I like to share.
Y0j1mb0's Avatar - Comment posted on 06/19/2008 15:46
Y0j1mb0
Dyanmic Sheep:

Sharing would be Me sharing my copy of MGS4 with Shipero. When he's finished with it, it's coming back to me.

Your definition of sharing through piracy is not lending out your game ..but copying it and implementing the means for thousands to have that copy. Is that sharing still? Or outright theft of a property and basically denying the company that made that game profits from it?

It's a slippery slope.
Rifter01's Avatar - Comment posted on 06/19/2008 16:05
Rifter01
I thought there was already a game platform for pirates.... *nix

/innocent Brittany Spears "puppy dog eyes" look on face
king3vbo's Avatar - Comment posted on 06/19/2008 17:25
king3vbo
Is it wrong? Yes

It it illegal? Yes

Does that mean I dont do it sometimes? No
Qraze's Avatar - Comment posted on 06/19/2008 17:26
Qraze
fuck that, i have perhaps gotten more magic the gathering packs by knowing someone who didn't care if i just took the whole booster box, because i'm cool like that. in my early ps2 days my step brother would go into blockbuster w/ razor blade and cut the game box ( when games were in box btw) down the spine and pulled whatever game i told him to get, all for just a pack of smokes. i'm also a convicted felon so i can't join the "show" this election. i take advantage of what ever opportunity is in front of me, i have a snes emulator w/ every great rpg on it. if we have a president and leaders that will and conspire to do things i would never do that only benefit them and their friends. fuck man. if i'm caught then come and get me but until then.........................lol.
Cowboy TTop's Avatar - Comment posted on 06/19/2008 18:18
Cowboy TTop
Help, the sky is falling. This is the cry of the games/film/music industries, when in truth it hurts more when product is physical.

The majority of online content is classed as illegal, but placing a verbotten label on it will do nothing to those who disagree and want stuff this way.

With regards to games though, I feel no shame in hunting for roms of old console and arcade games online. Why? Because the majority of physical copies have disappeared into the ether. All that's left is the freedom of the net to provide what's not available.

Sharing is easy and natural, but I draw the line in the sand when it comes to new games. These need to be left alone, to help the industry grow. Older games though should become public domain material.

Hey, plenty of things in life are wrong, but so long as no one is being hurt, not a problem.
konchu's Avatar - Comment posted on 06/19/2008 18:30
konchu
Piracy is theft for sure and since I have had the means to buy I have pretty much bought all my games. When I was younger I did pirate some games but what I really found was I didn't really play them so I stopped and I really like to support the devs.

I did get into emulation a bit heavy though not so much now and though its 100% still technically theft its an area I don't entirely frown on. There are just so many games that are lost and may never be seen again I may desire to play. Thankfully companies are recognizing the desire of this crowd and more and more are becoming available for purchase. But if I want to play some game that never came out or was super limited like say Tengen Tetris emulation or a fat wallet are the only option and supporting the devs on many of these cases is no longer an option.

But really I don't know if the mentality is just cause its a tangible object lets look at another form of piracy that is rampant in the fashion industry, Bootlegs. They are tangible products sometime practically indistinguishable from the original. And most people do not see these items as theft but they do steal from the makers of these brands by making duplicates that are desirable due to the name the original manufacture made and sometimes are passed off to unsuspecting people as the real deal. But often people have the same mentality when the knowingly buy these things that they couldn't afford the original anyway, but really both are the theft of an intellectual property. Now that said I think the prices on most of those items is bat shit crazy.
ParaParaKing's Avatar - Comment posted on 06/19/2008 18:33
ParaParaKing
ARRR!
DO WHAT YOU WANT 'CAUSE A PIRATE IS FREE! YOU ARE A PIRATE!
Maurice Tan's Avatar - Comment posted on 06/19/2008 18:53
Maurice Tan
Qraze just convinced me to stop pirating and finish my uni course ASAP.
nopk's Avatar - Comment posted on 06/19/2008 22:30
nopk
I "Pirate" shitty games.

I've bought The Orange Box, MGS4, Forza 2, Bioshock, etc, etc

Are you seeing the correlation here? I wouldn't own half of the games I do if I wasn't able to download and try them out.

Plus, when you steal from a store, you're stealing physical goods that cost money and man hours to produce. Downloading a game you weren't going to buy anyways is a victimless crime; you pay for the bandwidth after all.

It becomes a crime when you enjoy it, and you would of bought it, and you don't.
Skribble's Avatar - Comment posted on 06/19/2008 23:26
Skribble
Most of the time I will just buy a game if I'm interested, and deal with the repercussions later if it happens to be a shitty game. But when I'm not too sure on a game, I'll give it a download, try it out and if I like it I will buy it, if I don't like it then I obviously delete it.

If you are going to argue semantics, then you should know that piracy is when an illegal copy is made of a product protected by IP laws, it has always been a form of theft and everybody knows it, we've all seen the stupid ads before every single DVD; but as you said, it's so easy and rampant that everybody feels safe doing it. Like a group of Antelope staying in a big bunch so the lions can't pick them off.

I don't think downloading games is right at all, but I don't give a shit. The day the world becomes a perfect place to live, give me a call and I will stop downloading illegal copies of software.
Alasdair Duncan's Avatar - Comment posted on 06/20/2008 08:10
Alasdair Duncan
Unless games become cheaper (ain't gonna happen) or there's some big seismic shift in attitude, nothing's going to change. As long as there's a download available for the price of some bandwidth, a big chunk of gamers (let's not bullshit ourselves) are going to stick with pirated copies. I'll keep buying games because I'm happy to put my money where my mouth is and purchase games I feel I'll enjoy. If not, then it's my own fault and it's my decision.
Kryptinite's Avatar - Comment posted on 06/20/2008 08:40
Kryptinite
Great write up man! I wanted to comment last night but I was at the girls house, she has no internet, and the site looks like shit on my iPhone. If I was in Best Buy and they had no security cameras or any form of a theft-preventive team in place. No one was around and it's a quick few steps to the exit... then I would have 5 new games and a black Xbox 360. Simple as that.

But since there are cameras all over the place and I don't want to go to jail, there's no way in hell I'd do that.

It's all about self preservation. If there's a chance of me losing my freedom for doing something stupid then I'm not going to do that stupid thing. But if there's no consequence for my actions then I'm doing it! I guess I don't believe in guilt with no consequence.
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