(Most) Everything you might (or might not) want to know about Warez and Online Piracy
There is one aspect of this discussion that needs to be
clarified up front; Warez (or Online Piracy) IS stealing, but unlike many other attempts at Clintonizing, the
aforementioned aspect of things CAN be delimited. This post
will be divided up into sections depicting the evolution of Warez delivery
methods and then will deal with specific types of Warez and how their existence can
actually boost legitimate sales.
A Brief Listing of
Terms
Baseband/Broadband
- The two basic means of connectivity to the internet. While baseband
consists of a single data path in and out (You can use your modem OR the telephone,
but not both at the same time), broadband can allow many functions at once do
to its wider data path. (With a cable modem or DSL, a small amount of the data
stream is used for either television or a telephone line while the rest of the
connectivity is dedicated to the modem and online service; you can be online
while watching television or talking on the telephone.)
CD/DVD/DVD-DL/DVD-HD/BR
- Acronyms for popular burning media. Compact Disk (650-800 MB). Digital Video
Disk (4.7 GB), Digital Video Disk- Double Layer (ca. 8.2 GB), Digital Video
Disk - High Density (15-30 GB), Blu-Ray (25-50 GB). When a “+” or “RW” is by
the acronym, that usually means that the disk is erasable. If there is no “+”
by the name, the disk can only be written to one time but it is far more
compatible regarding what types of readers can read the burned media.
DCC - A FTP
like program that works inside of some online chat clients.
DRM - Digital
Rights Management; a term that covers a variety of protection overlays for
digital media.
File Servers (Online File Storage) - Another
up and coming means of distributing all types of files (including Warez) to
people who want them. While the downloader has to either jump through some
hoops or buy a premium membership to download faster, the uploader only has to worry about
uploading the file once (whereas with a torrent, the uploader would be
uploading until the time he disconnected from the cloud). There has also been
recent enforcement actions taken against some of these sites (like File Sonic
and Mega Upload) but downloading files without the need to share later is
appealing to some users.
FTP - File
Transfer Protocol; until recently, very widely used (but now much less so
because of torrents). While this means is adequate for downloading files, the download
can be more easily prevented because of relative limited places you can get the
file.
FTP Crawler -
Another service that would usually facilitate the downloading of pirated
software.
ISO - Short
for ISO 9660. While it represents a CD-ROM standard, it is also used to denote
an image of a CD (or a DVD) (Most Desirable) versus a directory rip (Least Desirable). The result of ‘burning’ an ISO file is an
exact copy of the CD (or DVD or Blu-Ray).
L33T - A term
that actually means ‘Elite” or a cut above the general crowd. A title conferred
upon high end Release Group personnel among other things.
Leech - A term
that can mean either someone who is downloading a file or a person abusing a
Peer 2 Peer system (I.E. not sharing with others.)
Online Warez
Portals - A stage in piracy evolution where users would have to navigate
through Over The Top websites and ad banners to get to thee Warez linked to the
sites.
Release Group
- The group of individuals that release a pirated software title. There is no
money directly involved in this endeavor; the groups doing this largely do so
for bragging rights (Credibility with the scene overall.)
RIAA, MPAA _
Respectively the Recording Industry and the Motion Picture Association of
America. While the first group represents music media, the second represents
the film industry and though they are not production companies in their own
right, they still claim to represent the lion’s share of their respective
industries. They are behind much of the litigation brought against both single
pirates and groups of them.
Seed - In
torrent speak, someone who has a complete file and is sharing it with others
who don’t. Torrent etiquette usually means that you upload as much or more data
as you download. Failure to do so multiple times may saddle you with the term
Leech.
SIIA - The
Software and Information Industry Association. They are one of the main
organizations that pursue software piracy and the groups behind it.
The Scene -
The conglomeration of the groups that deliver the merchandise.
Torrent - In
some peoples opinion, the apotheosis of Peer 2 Peer file sharing with so many
people supplying the file, there is no way they all can be stopped
Warez (Gamez,
Appz, Etc.)- The goods that are offered up for download. The usage of a ‘z’
in place of an‘s’ is to imply that you are getting pirated items.
WinRAR - A widely
used file compression program for various types or Warez for upload and
download. While there are no formally stated rules relating to file size
portions, CD size programs are usually 15 MB in size while DVD sized programs
are split into 50 MB size. Another important aspect of this is that programs
should be only compressed one level. (RAR files inside of RAR files is rather
annoying.)
A concise history
of File Transfer Methods (And associated Piracy involvement)
Pre 1997 or so: BBS’es,
The Sneaker Net, Newsgroup Binaries and the advent of FTP
Warez wasn’t really that much of a problem in this time
frame because a 56K Modem was considered pretty fast at the time. What pirating
that went on was very low key and labor intensive. (It took me six hours to
remove the protections on a copy of Lotus 123 for DOS; I did so because I could
say that I did it versus having any use for the software.) When full programs
still came on 1.44 and 5.25 inch diskettes, downloading some of them wasn’t that
much of a problem but it still was confined to a limited group of people. It
was about this time when File Transfer Protocol was being perfected (while the
same protocol was being integrated into your internet browser) and stood to
become the next leap in transferring files. Up until this time though, getting
pirated software was easier if you had a friend who could copy the disks you
needed. Once a few standards issues were hammered out with FTP and cable modems
began to be used by the general populace, the next phase of piracy would begin….
1996- 2000: Warez Web Portals, DCC, Private FTP
Sites/Servers and the advent of Peer 2 Peer Sharing.
FTP had been fine tuned by this time and if you had the
patience to search and a decent FTP client (WS-FTP was one), you could download
as much as you could find. While some of the lucky few had Cable Modems, most
people were still using 56K modem access for the internet. It didn’t take long
for the Warez crowd to realize that if they had an App or such that users
wanted (or MP3 files, a new digital music format), they could make such users
wade through layers and layers of popup ads, Porn website banners** and a
plethora of other garbage to get the files, they were quick to jump on the
bandwagon. Such places were largely left to the newbies on the internet because
most of those sites had nothing to download. With the advent of relatively
stable FTP Server software, any user with a little patience, a collection of
files to be downloaded and decent bandwidth (broadband preferred) could have
their own FTP Server. Napster first came to be in 1999, the first of many peer
2 peer file transfer programs; instead of a file being on a central server for
people to access and download, the users themselves had the files on their
computers while Napster (and later…Open Napster) provided the means to
facilitate sharing. Though Napster was forced to shut down in 2001, the Peer 2
Peer file sharing concept would only grow more popular. It was about this time
when piracy picked up in both rapid download speeds and wider distribution.
(Piracy was no longer the sole domain of the US and Europe.)
1999-2010 (and
possibly beyond): Peer 2 Peer Explosion and Online File Storage
While Napster was closed down in July 2001, the genie had
been let out of the bottle. The Open Napster protocol came to be and now any
type of file could be shared instead of only music. While FTP is still heavily
used by the top level Release Groups, torrents and Online File Sharing Services
either have come into their own or will experience further growth…until yet a
better file sharing system comes along. 56K modem speed has now largely fallen
by the wayside
Why do People Pirate
Software? (Some truths revealed)
Right of Ownership
It used to be that when you went out and purchased
computer software, it was yours to do with as you pleased once you paid out the
money. That changed when the concept of Product Activation came to be. The
software so affected was really no longer yours. After you paid out the money
for a software title, you somehow had to activate the software in order to use
it and if that activation somehow no longer worked, you had to authorize the
software by calling up and speaking to a human being. If that person refused to
activate the software for any reason, you were left with an essentially useless
software title. The solution that many users found regarding this issue was to
download a copy of the software which didn’t need to be activated to work.
Right of usage
(upon ownership)
There are many that say that the old rules regarding copyright
do not mesh well with online digital content. In order to maintain as much
control as possible, the usage of DRM has proliferated along with the massive
amounts of media that is now available. The usage of DRM can range from
preventing media duplication up to direct interference within the media. While
proponents of DRM state that it is necessary to protect content, others argue
that DRM is too draconian and there could be the risk of media unusability if
the DRM schema is changed or somehow damaged. The way that DRM opponents see
things, if they pay to download an episode of their favorite show, why should
they be restricted regarding where they watch it? DRM would prevent a
television show from being watched on a television (by slaving the paid for
download to the usage device.) or it might cause some sort of internal failure
if the protected software decided that it was a pirated copy (many games.). By
downloading a pirated version which has been stripped of DRM overlays, the user
has much more freedom in where the show will be played or on what computer a
game will reside.
Overall media cost
and Producer/Artist Price split
While spending $60-$80 bucks for a game can be relatively
easy to afford in the USA, it is a different matter in another country whose
currency is of low value against the USD. If it takes 20,000 Indonesian rupees
to equal one dollar and a worker in Indonesia earns 40,000 rupees a day, how
can you expect that this worker will be able to buy your game? It would cost
the worker a months worth of wage to do so versus one day of wage in the USA
(at minimum wage levels). The only way the Indonesians are going to be able to
play the game under this aegis is to pirate a copy. (There is a solution to
this matter but you first would have to get the game makers to agree. You would
offer a regional version of the stated game at a reduced price that would only
work within that region and to discourage pirating of that game to other
regions outside of its legal domain, make sure it holds no potential benefit
(the absence of any extra material related to the game, a locked in language, etc.)
While the game maker wouldn’t make as much money from the zoned versions, it is
money they never would have had otherwise. It would be ridiculous to say that
such an arrangement would stop all
piracy, but it would definitely reduce it.
That brings up a collateral aspect of this discussion: It
all boils down to the money and who gets what share of the purchase price that
you pay. If the RIAA and the MPAA are to be taken literally, the pirate is stealing
software from someone else but that simply isn’t true. I didn’t take Junior’s
copy of his game; I pirated my copy instead. When you pay ten dollars for a
digital album download and the artist only gets ninety four cents of that
money, something is seriously wrong. While certain overhead costs could have
been justified in the LP Record days that is no longer really the case. If this
was to change whereas the artist got a larger percentage of the proceeds, you
might find more people buying the album instead of pirating it and then
supporting the artist in other ways that more
If I don’t have the money to buy a CD or DVD or whatever,
I should in theory do without it but who really loses if I pirate a game or
application I can’t afford otherwise? I am not taking someone’s physical copy
so how can what a pirate does be called theft? While I get to enjoy illegal
software, my piracy of the software creates two very important things which
actually help legitimate sales of the software. They are market penetration (vertical
gain) and market saturation (horizontal gain) which will be discussed later on
in this post.
What are some of
the reasons that piracy ramped up starting in 2000 or so?
While the advent of broadband internet connections
assuredly facilitated piracy, there was a watershed moment back in the past
which produced all the impetus that was needed for piracy to flourish and grow.
The LP Record had been the current media of choice for
decades but in the 1980’s, a new player came to town. It was called the Compact
Disc and its presence couldn’t be denied. Within only a few years, it had
forced out the LP Record as the mainstream media choice. Record companies lost
about 75% of their overhead overnight. Instead of a mechanical press and
assembly line to package new LP Record albums, they now had CD duplicators and
far fewer machines needed to package the finished product. The fans of the
artists figured that prices would at least hold the line regarding this new
media….
…but they were wrong. The price of a CD was as much as
three times higher than an LP Record and it was a rude slap in the face for
fans. If you liked only one song on a CD, you didn’t even have the option of
buying a 45 RPM record; it was either pay over twenty dollars for the CD or do
without. (Once the radio quit playing the song.) The record companies had the
upper hand so they saw no reason to change their mindset…
…until Napster came to be. Almost overnight, massive
amounts of users flocked online to Napster to download ONLY the tracks that
they liked from a CD. With the sharp drop in sales, the RIAA was the one who
finally took action. (Metallica tried to have Napster users banned from the
service for sharing Metallica songs but all that happened was that users got
around the ban and pirated Metallica music even more.) While the RIAA succeeded
in getting Napster closed down in 2001, Open Napster was one of the
replacements for it and along with a good number of other P2P software
programs, the power of Peer would soon be known. Many consider this to be the
watershed moment; would P2P have gotten such a big boost if the RIAA hadn’t
pursued the users of the tech or if the record companies had been more sensible
up front regarding pricing? To me, doubling the price of the end product while
losing at least seventy five percent of your overhead is pure and filthy greed
and the artists ultimately see little of that money. You might notice that DVD
movies are much more sensibly priced than music CDs; so much so that I know
many people with a large DVD movie collection.
There is a group of people that will pirate everything
because they can but they are a relatively negligible number in the scheme of
things.
What are the most
popular things to Pirate and how does piracy actually help legal sales?
Appz
That is short for Applications…every sort of application
from base level utilities (WinRar) up to extremely expensive Modeling
/Rendering applications and operating systems. It really isn’t surprising that
the most pirated in this category are Microsoft’s Operating Systems and Adobe’s
Photoshop software. I am going to use both Adobe Photoshop and Microsoft
Windows for examples in this post where needed. While your first reaction is
that maybe we should start bonking software pirates in the head with a rolling
pin, you aren’t alone; you can be sure that the SIIA has pockets full of sound
bites for the press vultures as they close in mortal combat with the evil
software pirates…
…except it really isn’t quite that way…not by a longshot.
If you are one of the idiots that first
pirates the software and then decides to sell copies of it on E-Bay, you
deserve to be prosecuted because there is NO gray area involving that action. Most
of the pirates are not doing things like that though; they want the software because
they use it for various things graphical. As I said before, piracy is stealing
but who exactly gets hurt if I download a pirated copy of Photoshop? Am I
physically stealing a copy from someone who paid for theirs? No. Am I raiding
Adobe Corporate to make off with their
copies of Photoshop? No once more but I can quickly show you how piracy of
Adobe Photoshop ultimately increases their legitimate sales.
I wasn’t able to find even an estimated sales volume for
Adobe Photoshop so I suppose I will have to estimate things to some extent. Let’s
say that Adobe has sold 500,000 copies of Adobe Photoshop either as a stand
alone or as a suite and perhaps ten percent of that number is an estimated
total of pirated copies. (50,000).That means that over half a million copies of
PS are out there and each number has a specific name. The 500,000 legit copies sold
is the market while the 50,000 pirated copies represent market penetration. I
assure you that those pirating PS didn’t do so to simply brag that they have
the program. Photoshop is king of the heap; if you can open a picture or the
equivalent inside of the program, you can edit the content depending on what
sort of content it is. There is some awesome content produced with PS and it is
all over the internet. Some of that content is bound to attract others who want
to know how the content was produced. If ten percent of the people with pirated
copies interest four people with their artistic efforts, (50,000 *.10 *4 =
20,000) that number is market
saturation. That means the software pirates have garnered the interest of
20,000 people who also might pirate the software but perhaps they may buy a
legitimate copy.. Either way, the piracy of the software has the capability of
increasing the legitimate bottom line.
Now we will take a journey to fantasy land where things
work exactly like they should with no glitches (and no pesky software pirates).
In this place, no one pirates software and the only ones who have the software
are the ones who can afford it. In that case, 500,000 still is your market but
you no longer have people stealing your software because they can’t afford it
or want to mess around with it. Since the only people who now have PS are the
ones who can afford it, they are known entities that will buy the software but
you will pay a price for no one pirating your program. Since they are known
entities, they will garner a lot less interest than the potential pirates…perhaps
only 1/10th of one percent or 500 users (market penetration). If they interest
four more each that is only 2000 more potential users (market saturation.). This
is only ten percent of the above figure if 50,000 copies of PS get pirated.
Won’t the software
pirates buy legitimate copies if they no longer can teal a copy?
That is what the SIIA might tell you but I doubt that it
is true. Even if you only had Photoshop, keeping up with the versions gets more
and more expensive each time you upgrade and now that Adobe had developed the
Criminal …err Creative Cloud, you will be paying for that software until the
end of time...unless you want to lose all of your Adobe Applications. If Adobe
managed to stop all piracy of its software, it will ultimately lose out on
legitimate sales. Instead of the market saturation working in Adobe’s favor,
another program will benefit instead. Even this Adobe CC garbage won’t stop the
pirates; someone will find a workaround. Most of those pirating Adobe Photoshop
are individuals who can’t afford the hit to their wallets. After all, John and
Jane Q aren’t where the big sales are; instead it is schools and corporations
and government. That brings up another
situation where pirating software won’t cut it. If you are a student in school, an EDU (The school
itself) or a government, you can purchase full versions of many programs for up
to 90% off of retail but it falls to you to police your own networks. You
shouldn’t be having any pirated software on your networks because of the steep
discount you get for legit copies. A Community College in Las Vegas got hit
with a $200, 000 fine for having illegal Adobe software on their networks. The
same thing goes for a corporation; expenses can be written off against profits.
John and Jane Q Public don’t get those discounted rates and (unless they are
using the software in a business setting) can’t write off the cost of the
software.
With Microsoft, the situation is far, far different than
the SIIA would have you believe. Hundreds of millions of computers use the
Windows OS because William Gates took a gamble way on back. I am sure that Mac
users laughed long and hard at DOS but Mr. Bill got the last laugh with utter
dominance of the Personal Computer market. Though Microsoft may not like people
pirating their Operating System (OS), each pirated copy is one more Windows
user who will need Windows upgrades and will have to populate their PC with
Windows programs…you should get the picture by now. While some folks use Linux based systems, the Open
Source Anarchy of such Operating Systems may only pose a threat in the VERY
long run, not now…
Gamez
While Microsoft and Adobe are the most pirated
applications, they are overshadowed in most every way by game piracy. Games
have come a long way from Pong and Asteroids and without game developers
pushing the envelope, we would have been deprived of a lot of computer
technology. Not even the advent of hard core DRM has stopped the gamers and
with a high speed internet connection, game size is no problem. Game companies
used to hire Beta Testers but they no longer need to do so. All that they have
to do is to ‘leak’ a game beta on to the torrents, set up an anonymous forum
for feedback and fix whatever faults are found with the game. Once the game is
released, there will be massive pirating of it but if you make a kickass game,
you will sell the shit out of it but
if you think that you can pawn off some shit programming on the gamer
community, you will be a piece of overcooked toast. You can see the results by
doing a web search. Diablo III has sold 12 million
copies; you want to bet that some of the buyers didn’t pirate the game first?
Movies and
Television Shows
With the advent of torrents, you no longer have to wait
for reruns to catch a missed episode of a favorite show (if it isn’t showing as
an encore episode). You can even download and watch movies from Screeners
(Lower Quality) to Blu-Ray Rips (High Quality). It just isn’t the latest
releases either; I found The Cabinet of Dr. Caligari (1919) online. The MPAA is up in arms over movie piracy but pirated copies of modern day
movies lose some of their quality when watched as a screener. Television shows
aren’t as big of a deal but we have the DVD or Blu-Ray (and DVD Recording
devices) disks to thank for the availability of movies. Before that technology
came to be, it would have been very hard to copy a movie and upload it for the
pirates because actual film reels were involved. Most every theatre still
operating these days has a DVD/Blu-Ray
player for the movies arriving in those formats and since the theatre probably
gets the movie a few days before they can show it, all that needs to be done is to copy it and
presto…the pirates will thank you. As for television shows, a DVR is all you
need to capture content. Once that is done, you can edit out the commercials
(if necessary) WinRAR it, and then upload it. In some cases, you may even have
legal access to some shows on line if you have a subscription to a service
offering this benefit.
Other sorts of
Warez
The above types of pirated material aren’t all that is
out there. With the advent of E-Books out for sale, expect more piracy of that
media in the future and while they aren’t on the SIIA radar…yet, massive
collections of digital photography and art can be found online for download.
With the rapid pace of change in the digital world, the next piracy battle has
yet to emerge…
* An interesting post which finally gave rise to my post. My thanks to the author for inspiring me.
** To this date, I have no idea why the warez portals decided that every pirate wanted to download Pr0n (Porn, but Pr0n could escape BBGS word filters) along with pirated software. Perhaps the porno links paid the most (for the fool unwise enough to click on them)
NOTICE: The author
of this post doesn’t condone piracy in any form; this post is designed to be
informative to the interested reader, not a call to arms for piracy of programs
or online content.
Labels: Adobe, Gamez, Microsoft, MPAA, piracy, Porn, Pr0n, RIAA, Warez