this post was submitted on 11 Dec 2023
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How do you feel about jumping the turnstile at a train station?
Counter question: Do you think that running libraries is theft?
Public Lending Right programs exist in 35 countries to compensate authors whose works are in libraries.
Great! Let's do that for any type of media!
They do already.
Amoral at worst. Public transportation shouldn't have a fee at use. Tax the rich, invest in transport
Depends on the circumstances I guess, but no matter how I feel about it people jumping the turnstile aren't stealing the train.
Are they stealing a ride?
I don't like this analogy, because there's a real, albeit small, cost to the subway of that free ride, in terms of fuel and increased maintenance. Digital piracy has literaly no real cost to the producer except the nebulous "lost sale."
It should be a free service anyway. Without free public transport, democracy does not exists. Same reason healthcare and education should be. So sure, you are “stealing” a ride - something that should be yours anyway because people are not born with the ability to travel kilometers of cityscapes, something that is now mandatory to survive and thrive.
You're also potentially blocking a seat that could be used by a paying passenger, and the operator will statistically run more/longer trains at higher cost to cope with increased demand.
You know that the pirated files were stolen in the first place, right? Movies and video games aren't just sitting out in the open free for somebody to snatch up like apples on a tree. They end up in the hands of scene groups by somebody in the studio taking an unauthorized copy of the product and distributing it.
Lost sales are damages, as demonstrated by the courts hundreds and hundreds of times over now.
Ever heard of "ripping" a disk, a stream, or a download? Movies, series, and video games get paid for by someone who then proceeds to make unauthorized copies, they very rarely come from anyone at the studio.
Lost sales are "legal" damages, which doesn't mean they're actual loss of anything, since people who were not going to pay, are worth exactly $0.
It's different when bootleg copies get sold, since then there is an actual payment that isn't going to the right person.
Many scene groups actually purchased the games and cracked them, I've read NFOs that say "buy the game, we did too".
People recording in movie theatres have to either sneak into the theatre or buy a ticket themselves.
Someone scanning a book to post online had to have bought it or borrowed it.
Yes some games are cracks of illegitimate obtained leaked copies or other unscrupulous methods.
I have played pirated games in the past but my Steam library has thousands of dollars worth of games I bought, many of which I wouldn't have if I weren't interested in these type of games to begin had pirating games not been possible.
Sure, the opportunity cost from piracy's "lost sales" to the publisher/licensor is non-zero. But how many sales that would have happened varies greatly on the perceived value vs. price of the product, and how available it is. If it's not in stores anymore and can only be bought from scalpers on eBay, the publisher cough Nintendo cough doesn't see that money anyway vs. pirating it.
I dunno, I mean are the train company allowed to take my money and then go "sorry we fell out with the fuel company so we're just gonna keep your money and not take you to your destination. Soz babe x"
You wouldn't download a train?
In that case you're actually using a limited resource: space on a train. And by occupying it you're preventing someone else from using it (assuming a full train). Copying media doesn't cost any resources (ignoring the tiny amounts of electricity) or interfere with anyone else's ability to use that resource.
They don't compare.
What if that train is regularly running under capacity, or you are just standing?
You're technicall still using the company's resources (it costs some energy to run the empty train), so I still don't think it really compares to piracy.
But since they are miniscule compared to what they are wasting by running largley empty trains I think it's morally ok in that case.