Piracy != Theft

This is a guest post by Nikhil Somaru. Nikhil is tech-head open-source junkie with a spiritual edge. He left South Africa in search of Truth (if any 🙂 and is currently imbibing a system of philosophy known as Vedanta in India. In his spare time, he listens to Wagner and wonders just what he’s gotten himself in to. He can be contacted on twitter or facebook.

That means piracy is not equal to theft in programmer-speak.

It speaks of our society that we have made copying something into an act of theft. Theft and copying something are not the same thing. Theft is a criminal act in which property belonging to another is taken without that person’s consent (source). In other words, if I have stolen something from you, I have deprived you of your property. If deprive you of your bread, you must go and buy some rice to make up for it, or go hungry.
Now, when I copy something, you still have what you originally had, and now I have something too. This is not an act of deprivation.

I can already feel you saying “but how am I going to get paid for what I make?” and “then where is the incentive for people to create stuff?” I’m going to go out on a limb here and say, that when you’re an artist, your incentive is the creation itself. If your incentive is money, then you’re not an artist, you are a businessman, and there are many ways to make money that do not involve creation. Go do that. Sure, many artists do support themselves by their creations. But even then, the argument that piracy reduces income just doesn’t hold any water (sorry, I had to). Ask Paulo Coelho.

People pay for things they perceive value in. They also value their own time and convenience. For many, it used to be just easier to download a single mp3 track from a website than going to the store to buy an album. However, those who perceived a greater value in receiving album art, lyrics and a nice box would go through that effort to buy the album from the store. I’m sure those people still do.
That the intention was not “something for free” is proved by the popularity of online music distribution systems such as iTunes that have been crafted for the Web AddiCT(s); of today. The majority people would rather not go through the effort of searching around the web for a song. Instead, they have one place where they can click, be charged, and get the music that they want. It’s all about accessibility, getting people what they want, when they want it.

How do you feel about copying something?

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4 Responses to "Piracy != Theft"

Daniel Lemos says:

9 September 2011 at 13:58

First off I’m not going to even try to correct you in how wrong you are, because even a mass-murdering psychopath will be able to justify that what he did is right in his own mind. The reason I’m writing something here is so others might see that there is two sides to this coin. First off… and regardless of how you or anyone else may feel, piracy is a criminal offense and against the law, and just because everyone seems to be doing it, it does not make it right. Secondly you said and I quote “If deprive you of your bread, you must go and buy some rice to make up for it, or go hungry.” Software and music or Movies is exactly that: someones bread and butter! which is why there are laws put in place meant to protect those who spend hours, days, months even years on a project that they asked you to pay a miniscule price for. Next time you watch a DVD or Play a Game take a look at the credits, count how many people it took to make that DVD or Game then watch the special features and see how many years it took from concept to end-production and how many top actors they had to pay to make the movie a good one. now divide that into your measly R120 (most DVD’s are half that if you wait a few months) and you’ll see you just paid each guy less than 1 cent for a 3 years of their time and trouble…. now how much more stingy do you want to get?

“Render unto Caesar the things which are Caesar’s, and unto God the things that are God’s” – Jesus Christ (Matthew 22:21)

Not that I wanted to bring religion into this or try bible-bash, but a quote is a quote and you should give the rightful owner credit.

Daniel Lemos

Reply
1. Nikhil Somaru says:
  
  9 September 2011 at 16:21
  
  Hi Daniel,
  
  [TL;DR at the bottom]
  
  I am not a lawyer.
  
  The points intended on being conveyed were:
  
  1) Conventions of society determine that copying is theft. [This is a statement]
  
  The principle is that by copying something, someone else is losing income, ie. ‘bread and butter, and that is BAD.’ [Supporting logic]
  
  2) Then, this convention is challenged by attempting to show that:
  
  a. Copying does not meet the definition of ‘theft’
  
  b. There are real world examples that copying does not hinder, and may even increase sales.
  
  c. The alternative distribution models show that people are willing to pay for what they value.
  
  3) The act of creation itself is joyous and wonderful, that is where true value lies, and _that_ is why a user values a piece of art. The artist removes himself from that state of pure creation because he is more concerned about the treasures of Caesar, than God’s ‘things’, as it were. Nice quote, by the way. [Opinion, verified by experience]
  
  The point that you were trying to convey is:
  
  A) “…piracy is a criminal offense…” [A statement]
  
  B) “…and against the law…” [The same statement]
  
  And is bad because someone loses income. [Supporting logic]
  
  You must note that the article above agrees with you on (A) and (by default) (B). Also, your supporting logic has already been addressed. It’s like the post knew what you were going to say, and said it first. Oh, and demolished it a bit further down.
  
  PS: my arguments are expanded here: http://bit.ly/kEB1nj
  —
  
  TL; DR
  
  It’s hard to have our conventions challenged. Sometimes it can be painful. After all, this is what we know, what our friends agree with and what our parents approve of.
  
  This article was meant to challenge some of the ideas that you hold as absolute, meant to cut them at foundation.
  
  If you didn’t read it, go back — read it. Consider it afresh, with an empty cup. Then, even if you disagree — you’ll be able to justify why you believe what you do, whatever that may be.
  
  EDIT: Sorry for the formatting, this DISQUS editor is a little rough around the edges. Maybe I should have tried some html. Oh well.
  
  Reply
  1. Daniel Lemos says:
    
    13 September 2011 at 14:01
    
    Ok I’ve emptied my “cup”, gone back and considered your statement anew and here is my retort:
    
    1. I can understand the basis of your logic and in theory certain aspects of copying may, as you put it != theft, for eg:
    
        a) I like your house and I decide to build one exactly like it, I go out buy the land and material and 6 months later… whala! I have my own copy of your house. I used my own time and resources to recreate.
    
    In this type of scenario, I agree that I see no problem with UNLESS your house was designed by an architect because then the house is essentially a unique design and it has a COPYRIGHT to that design, and then Caesar must get his due.
    
    However for you to be considered to be in the same “boat” as that with an artists song for example. You would need to:
         a)Learn all the words.
         b)Learn how to play a musical instrument and/or get some friends who can.
         c)Hire out a recording studio (or do it in your garage if you like rubbish).
         d)Only use songs that are listed under public domain or traditional.
    
    Then and only then will it be != theft
    
    Remember that laws and rights weren’t found on earth like rocks, they were carefully thought out through generations of trial and error. What you are suggesting is that everyone before you on this earth was too dumb to think “outside the box” and you take on this is totally fresh and new,
    quote” this convention is challenged by attempting to show that:
    
    a. Copying does not meet the definition of ‘theft’.”
    
    I will also go as far as to agree with you on the fact that the meaning of word itself is ambiguous and as a definition on its own does not meet that of theft, however the opening statement was not:
    a) [copying != theft] = true
    but:
    b) [piracy != theft] = false
    
    I could give you more examples like if you had studied all week for a test and an idiot sat behind you in the exam and “copied” your answers your grades would not be affected by it, but that does not make it != theft.
    
    But I fear, like I said in my first statement ” even a mass-murdering psychopath will be able to justify that what he did is right in his own mind.” or for that matter a necrophiliac would justify “It wasn’t rape…. her spirit had gone already it was just an empty vessel, it’s a victimless crime!” but deep down you know it’s VERY WRONG!
    
    Reply
Beetjie says:

9 September 2011 at 14:16

Ever heard of Intellectual Property Rights?

Reply

Just for today. You're one too.

Piracy != Theft

Question: What do these things all have in common? Everybody know…

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