[comp.sys.mac] software piracy

Chuck.Arelei@f31.n343.z1.FIDONET.ORG (Chuck Arelei) (06/10/90)

"The best way to prevent illegal software piracy is to lower the
softwares' prices, you hear me out there? Mr. Adobe & Mr. Letraset?"

I welcome any remarks and comments of my statement, put it in my mail
box, or let's talk it out loud in the public.

Chuck Arelei

--  
Chuck Arelei via cmhGate - Net 226 fido<=>uucp gateway Col, OH
UUCP: ...!osu-cis!n8emr!cmhgate!343!31!Chuck.Arelei
INET: Chuck.Arelei@f31.n343.z1.FIDONET.ORG

tonyg@batserver.cs.uq.oz.au (Tony Gedge) (06/12/90)

Chuck.Arelei@f31.n343.z1.FIDONET.ORG (Chuck Arelei) writes:

>"The best way to prevent illegal software piracy is to lower the
>softwares' prices, you hear me out there? Mr. Adobe & Mr. Letraset?"

And, for the shareware scene, find an easier way of paying the shareware
fees.  It can be very hard to pay them if you aren't in the same country
as the shareware author.

Tony Gedge.

--
 -------------------------------------------------------------------------
| Computer Science Department,        | tonyg@batserver.cs.uq.oz.au       |
| University of Queensland, Australia.| "cc stands for Cryptic Crossword" |
 -------------------------------------------------------------------------

erci18@castle.ed.ac.uk (A J Cunningham) (06/12/90)

In article <56447.2673B586@cmhgate.FIDONET.ORG> Chuck.Arelei@f31.n343.z1.FIDONET.ORG (Chuck Arelei) writes:
>"The best way to prevent illegal software piracy is to lower the
>softwares' prices, you hear me out there? Mr. Adobe & Mr. Letraset?"

	Actually I think the best way is to legalise 'piracy'. It's
unstoppable anyway and chasing people who copy software is a waste of
everbody's time and effort.
		Tony


-- 
Tony Cunningham, Edinburgh University Computing Service. erci18@castle.ed.ac.uk

	Yuppies think I'm a wino 'cos I seem to have no class,
	Girls think I'm perverted 'cos I watch them as they pass.

mbrown@osf.org (Mark Brown) (06/12/90)

Chuck.Arelei@f31.n343.z1.FIDONET.ORG (Chuck Arelei) writes:
>"The best way to prevent illegal software piracy is to lower the
>softwares' prices, you hear me out there? Mr. Adobe & Mr. Letraset?"

"The best way to reduce car radio thefts is to lower car radio prices,
do you hear me Mr. Blaupunkt & Mr. Alpine?"


Mark Brown   IBM AWD / OSF  | Even old New York, was once New Amsterdam
The Good     mbrown@osf.org | Why they changed it, I can't say
The Bad     uunet!osf!mbrown| People just liked it better that way...
The Ugly     (617) 621-8981 |        -They Might Be Giants

russotto@eng.umd.edu (Matthew T. Russotto) (06/12/90)

In article <3914@moondance.cs.uq.oz.au> tonyg@batserver.cs.uq.oz.au writes:
>Chuck.Arelei@f31.n343.z1.FIDONET.ORG (Chuck Arelei) writes:
>
>And, for the shareware scene, find an easier way of paying the shareware
>fees.  It can be very hard to pay them if you aren't in the same country
>as the shareware author.

What's the matter with an international money order in US dollars?
I have recieved two payments that way.
(The author of MaxAppleZoom in Finland asks for cash... I wonder if he
has ever considered the chances of cash actually making it through
the international mail!)
--
Matthew T. Russotto	russotto@eng.umd.edu	russotto@wam.umd.edu
][, ][+, ///, ///+, //e, //c, IIGS, //c+ --- Any questions?

russ@convex.COM (Russell Donnan) (06/12/90)

In article <9243@paperboy.OSF.ORG> mbrown@osf.org (Mark Brown) writes:
>Chuck.Arelei@f31.n343.z1.FIDONET.ORG (Chuck Arelei) writes:
>>"The best way to prevent illegal software piracy is to lower the
>>softwares' prices, you hear me out there? Mr. Adobe & Mr. Letraset?"
>
>"The best way to reduce car radio thefts is to lower car radio prices,
>do you hear me Mr. Blaupunkt & Mr. Alpine?"

While it is true that theives only steal things of value.  It's also true
that consumers only buy things of value.  I refuse to be convinced that
stealing software lowers the price.  Software companies are not producing
products for their health!  The only way to lower the prices is through
competition.  Mark, do you think you can write and market ATM cheaper
than Adobe can?  Then do it!  Telling them that people are going to steal
from them unless they lower their price is absurd.  Stealing anything is a
crime.  Adobe, Letraset, Blaupunkt, and Alpine are in business to make
money.  They set the prices of their products at market value, or they
die, just like everyone else.  Theft has nothing to do with it.

-Russ (Just fanning the flames...)
--
Russ Donnan, (214) 497-4778, russ@convex.com
Convex Computer Corporation, 3000 Waterview Parkway, Richardson, TX
-"To capture the essence of an opinion takes but one lawyer."

ac08@vaxb.acs.unt.edu (ac08@vaxb.acs.unt.edu (C. Irby)) (06/12/90)

In article <1990Jun12.160915.5685@portia.Stanford.EDU>, jinx@portia.Stanford.EDU (Dane Spearing) writes:
> In article <56447.2673B586@cmhgate.FIDONET.ORG> Chuck.Arelei@f31.n343.z1.FIDONET.ORG (Chuck Arelei) writes:
>>"The best way to prevent illegal software piracy is to lower the
>>softwares' prices, you hear me out there? Mr. Adobe & Mr. Letraset?"
>>
>>I welcome any remarks and comments of my statement, put it in my mail
>>box, or let's talk it out loud in the public.
>>
> 
> I agree completely!  However, it's already been done!  I think everyone
> will agree that the most prolific software piracy occurs on college 
> campuses.  To combat this, Microsoft, Claris, and other companies have
> offered academic pricing on their most popular software.  For example,
> here at Stanford, you can purchase Microsoft Word 4.0 (new, with all
> documentation) for $75.  Compare this with the cheapest mail-order
> houses at around $250.  The only difference in the product is that it
> comes in a box that says "Academic Package" on it.  No difference in
> documentation or the program itself.  I'd call these pretty low prices!
> 
>

Uhhh... 

They don't do that to combat piracy.

They sell their stuff for that price for the same reason that Apple and IBM
sell computers for low $$$- to penetrate the market.

See, sooner or later many of those college students will graduate, and when
they do, they might get to make the choice of what kind of software and 
hardware their company buys... so they choose the computer they used in 
college.  And the software they know how to use.

Piracy?  Free is still cheaper than $75, and an aftermarket manual is $20...



C Irby

jinx@portia.Stanford.EDU (Dane Spearing) (06/12/90)

In article <56447.2673B586@cmhgate.FIDONET.ORG> Chuck.Arelei@f31.n343.z1.FIDONET.ORG (Chuck Arelei) writes:
>"The best way to prevent illegal software piracy is to lower the
>softwares' prices, you hear me out there? Mr. Adobe & Mr. Letraset?"
>
>I welcome any remarks and comments of my statement, put it in my mail
>box, or let's talk it out loud in the public.
>

I agree completely!  However, it's already been done!  I think everyone
will agree that the most prolific software piracy occurs on college 
campuses.  To combat this, Microsoft, Claris, and other companies have
offered academic pricing on their most popular software.  For example,
here at Stanford, you can purchase Microsoft Word 4.0 (new, with all
documentation) for $75.  Compare this with the cheapest mail-order
houses at around $250.  The only difference in the product is that it
comes in a box that says "Academic Package" on it.  No difference in
documentation or the program itself.  I'd call these pretty low prices!

+-----------------------------------+-------------------------------------+
|Dane Spearing                      |                                     |
|INTERNET: dane@pangea.stanford.edu |      #include <disclaim.h>          |
|      or  jinx@portia.stanford.edu |                                     |
+-----------------------------------+-------------------------------------+

ching@pepsi.amd.com (Mike Ching) (06/12/90)

In article <56447.2673B586@cmhgate.FIDONET.ORG> Chuck.Arelei@f31.n343.z1.FIDONET.ORG (Chuck Arelei) writes:
>"The best way to prevent illegal software piracy is to lower the
>softwares' prices, you hear me out there? Mr. Adobe & Mr. Letraset?"

The only way to stop piracy is to convince people that theft is wrong
regardless of low probability of punishment.

Mike Ching

fiddler@concertina.Sun.COM (Steve Hix) (06/12/90)

In article <56447.2673B586@cmhgate.FIDONET.ORG>, Chuck.Arelei@f31.n343.z1.FIDONET.ORG (Chuck Arelei) writes:
> "The best way to prevent illegal software piracy is to lower the
> softwares' prices, you hear me out there? Mr. Adobe & Mr. Letraset?"

This explains why shareware authors rake in so much cash.

Perhaps it explains why, for instance, there is so little piracy of
of Commodore 64 games, or Apple// software...

Pirates don't seem to need much encouragement to steal software or
accept it from others.  Price doesn't seem to be much of a factor.

> I welcome any remarks and comments of my statement, put it in my mail
> box, or let's talk it out loud in the public.

One should be careful of what one asks for...one might get it.

------------
  The only drawback with morning is that it comes 
    at such an inconvenient time of day.
------------

jordan@Apple.COM (Jordan Mattson) (06/13/90)

  In fact, the best way to eliminate software piracy is to give software away.
Yep, that is the ticket.  Quit all of this nasty charging for software!!
  What, you have children to feed and house payments to make?  What a shame,
but if you give your software away, you will not have any piracy...

  Excuse my sarcasm, but I am a little tired of people who have never had
to meet the development costs of a software project telling us that we
should price software in a particular way.  
  If you can't afford the software, then do without it.  There are many
things in this world that I would like, but cannot afford.  I do without
them.
-- 


Jordan Mattson                         UUCP:      jordan@apple.apple.com
Apple Computer, Inc.                   CSNET:     jordan@apple.CSNET
Development Tools Product Management   AppleLink: Mattson1 
20525 Mariani Avenue, MS 27S
Cupertino, CA 95014
408-974-4601
			"Joy is the serious business of heaven."
					C.S. Lewis

lim@iris.ucdavis.edu (Lloyd Lim) (06/13/90)

In article <4666@castle.ed.ac.uk> erci18@castle.ed.ac.uk (A J Cunningham) writes:

>	Actually I think the best way is to legalise 'piracy'. It's
>unstoppable anyway and chasing people who copy software is a waste of
>everbody's time and effort.
>		Tony

Oh yes, I whole-heartedly agree!  My software took me a year to develop and
since I'm a one-man company, I don't have much overhead.  I just have to feed
and clothe myself and pay rent.  I was charging $200 a copy instead of the
$30,000 site licenses my nearest competitor charges.  (Absolutely true.)
But what the heck, this is the ideal solution to stop piracy!  Starting
tommorrow, anyone who wants a copy of my program can get it for free!

+++
Lloyd Lim     Internet: lim@iris.ucdavis.edu (128.120.57.20)
              Compuserve: 72647,660
              US Mail: 146 Lysle Leach Hall, U.C. Davis, Davis, CA 95616

ccocswr@prism.gatech.EDU (Winston Rast (Micro- coop)) (06/13/90)

You are also correct in stating your comments about development costs.  The
expenses to develop a product must be passed on to the consumer although I
would much rather they not be but I have little choice and I understand their
high price.  Take PageMaker 4.0 for example.  It will list at $795.  I'm sure
that one will be pirated to a great extent but Aldus can't help it really.
It's just their development costs getting in the way.  By the way, PM 4.0 will
go for $199 here at GA Tech.  GREAT PRICE!!  I'm getting one!
Take care,
Winston



-- 
|- Winston Rast  (Micro- coop)	     Georgia Institute of Technology      -|
|  ccocswr@prism.gatech.edu          Atlanta, Georgia  30332               |
|									   |
|- "Guilt is SUCH a great weapon!"   -- Bull (Night Court)                -|

thom@dewey.soe.berkeley.edu (Thom Gillespie) (06/13/90)

I'm not replying to any particular reply to Chuck.Arelei's original posting but
I have some thoughts:

	1) It seems like software piracy is here to stay, part of the culture

	2) Can anyone document a particular company which has gone out of business
	because of software piracy as opposed to bad documentation, service, product
	etc? I imagine that microsoft, lotus, and claris are at the top of the
	pirated companies -- their products are good

	3) In the recent Whole Earth Quarterly David Bryne is asked about music
	piracy, what does he think of it? He says, "He views piracy as advertising"
	They steal his music -- and the distributor looses -- and they pay to come to
	his concerts because they listen to his advertising all day long ... good
	advertising for a good product.

	4) In the Media lab Stuart Brand suggests that in the future we won't buy
	Microsoft Word so much as subscribe to it -- good service coming on a regular
	basis with a good update policy. Wasn't this what made Red Ryder a success?

	The most interesting suggestion in the entire discussion was by A J
	Cunningham, "legalize piracy." Now there is any idea worth discussing instead
	of the old bromides which don't fit digital media. Can you do it? How? What
	type of changes will have to happen in our heads for this to work?

	--Thom Gillespie

philip@Pescadero.Stanford.EDU (Philip Machanick) (06/13/90)

In article <137121@sun.Eng.Sun.COM>, fiddler@concertina.Sun.COM (Steve
Hix) writes:
> In article <56447.2673B586@cmhgate.FIDONET.ORG>,
Chuck.Arelei@f31.n343.z1.FIDONET.ORG (Chuck Arelei) writes:
> > "The best way to prevent illegal software piracy is to lower the
> > softwares' prices, you hear me out there? Mr. Adobe & Mr. Letraset?"
> 
> This explains why shareware authors rake in so much cash.
> 
> Perhaps it explains why, for instance, there is so little piracy of
> of Commodore 64 games, or Apple// software...
> 
> Pirates don't seem to need much encouragement to steal software or
> accept it from others.  Price doesn't seem to be much of a factor.
> 
> > I welcome any remarks and comments of my statement, put it in my mail
> > box, or let's talk it out loud in the public.
> 
> One should be careful of what one asks for...one might get it.

The problem is not limited to software - think of photocopying books, or
copying music. The temptation to do so is proportional to the lack of
necessity of the original materials + ease of copying. Software happens to
be at the "easiest" end of the copying scale, especially if you don't need
the manuals. So what's the problem? We have a concept called "copyright",
which is based on the obsolete notion that media are hard to copy. What's
needed instead is a notion of the service you are buying (e.g., technical
support, easy access to upgrades), which should be unbundled from the
distribution/media costs. Wouldn't it be much easier to sell software if
anyone could copy it free of charge (hard to prevent, much more efficient
than sending 50000 copies to the dealers, then finding a bug), but had to pay
for tech support (which everyone has to pay for now, whether they need it or
not)?

One negative: if tech support is the main commodity being sold, there's some
incentive to make things more complicated than they need to be. However,
"support" doesn't have to be restricted to hand-holding, but can include
professional advice. Imagine this: pick up the latest copy of PageMaker free
of charge off the network. Discover having the software doesn't give you
design skills you previously lacked. Phone Aldus's support number and subscribe
to their expert advice service (maybe an e-mail mailing list).

Positive outcomes: no more piracy, no more spending good money on software
that doesn't work for you. Lots of potential for alternative sources of
advice/support on a popular product (I'd expect the developers to get their act
together fastest, but not be the cheapest).

Philip Machanick
philip@pescadero.stanford.edu

mldemsey@cs.arizona.edu (Matthew L. Demsey) (06/13/90)

  or at least slow it down,  SoftPC is on to a good idea with their     
installation which seems to be very CPU specific - in that a SoftPC
installed on one IIcx doesn't work on another IIcx with the exact same
hardware.  If companies were to take this a step further and make
the installer only capable of doing its job a set number of times, then
this would further deter the piracy.  Of course, piracy could just occur
with the copying of the original installtion software, but the taking of
programs off of servers or any situation of the like...

just some thoughts... 

Loki(mldemsey@caslon.cs.arizona.edu)

siegel@endor.harvard.edu (Rich Siegel) (06/13/90)

In article <41882@apple.Apple.COM> jordan@Apple.COM (Jordan Mattson) writes:
>
>  In fact, the best way to eliminate software piracy is to give software away.
>Yep, that is the ticket.  Quit all of this nasty charging for software!!
>  What, you have children to feed and house payments to make?  What a shame,
>but if you give your software away, you will not have any piracy...

	Boy, you've got it easy. Try being a young single man in Massachusetts
who has to make car insurance payments. :-(

>  Excuse my sarcasm, but I am a little tired of people who have never had
>to meet the development costs of a software project telling us that we
>should price software in a particular way.  
>  If you can't afford the software, then do without it.  There are many
>things in this world that I would like, but cannot afford.  I do without
>them.

	I know, and I agree. I can't afford a nice new car to replace my
beat-up 1979 Oldsmobile, so I think I'll steal the car that I'd like
to buy (but that I can't afford).

:-)

R.



~~~~~~~~~~~~~~~
 Rich Siegel
 Staff Software Developer
 Symantec Corporation, Language Products Group
 Internet: siegel@endor.harvard.edu
 UUCP: ..harvard!endor!siegel

"It's not the years, honey, it's the mileage."

~~~~~~~~~~~~~~~

klaus@diku.dk (Klaus Ole Kristiansen) (06/13/90)

russotto@eng.umd.edu (Matthew T. Russotto) writes:

>In article <3914@moondance.cs.uq.oz.au> tonyg@batserver.cs.uq.oz.au writes:
>>Chuck.Arelei@f31.n343.z1.FIDONET.ORG (Chuck Arelei) writes:
>>
>>And, for the shareware scene, find an easier way of paying the shareware
>>fees.  It can be very hard to pay them if you aren't in the same country
>>as the shareware author.

>What's the matter with an international money order in US dollars?
>I have recieved two payments that way.
>(The author of MaxAppleZoom in Finland asks for cash... I wonder if he
>has ever considered the chances of cash actually making it through
>the international mail!)
>--
>Matthew T. Russotto    russotto@eng.umd.edu    russotto@wam.umd.edu

Quite good. CSI design group asks for "some cash" for their
exelent wizards fire game. I send them just that, and it made
it all the way there and back again! (The address seems to be
no longer valid)

Klaus Kristiansen





.

tag@symbas.UUCP (Arne Gisvold) (06/13/90)

russotto@eng.umd.edu (Matthew T. Russotto) writes:

>What's the matter with an international money order in US dollars?

The money order will cost me >25 USD in bankcharges! Is that a good
enough reason?


Regards
Tor-Arne-- 
!  Tor-Arne Gisvold   -   Symbiotic Computer Systems A/S
!  adress : Sandgt. 2 ,  N7001 Trondheim, Norway
!  UUCP : ...mcsun!nuug!symbas.UUCP!tag or tag@symbas.uucp 
!  phone: +47-7-515544		 FAX : +47-7-532027    AppleLink : NOR0038-- 
!  Tor-Arne Gisvold   -   Symbiotic Computer Systems A/S
!  adress : Sandgt. 2 ,  N7001 Trondheim, Norway
!  UUCP : ...mcsun!nuug!symbas.UUCP!tag or tag@symbas.uucp 
!  phone: +47-7-515544		 FAX : +47-7-532027    AppleLink : NOR0038

cbm@well.sf.ca.us (Chris Muir) (06/13/90)

In Article <1990Jun12.134137.21997@eng.umd.edu> russotto@eng.umd.edu 
(Matthew T. Russotto) writes:

-What's the matter with an international money order in US dollars?
-I have recieved two payments that way.
-(The author of MaxAppleZoom in Finland asks for cash... I wonder if he
-has ever considered the chances of cash actually making it through
-the international mail!)

I sent the MaxAppleZoom guy (in Belguim) cash. I got a confirmation postcard
back in about three weeks. On the postcard he says:
    "Financial feedback from the U.S. - the country with the largest
    potential user base - has been even lower than expected. It
    looks like people are reluctant to send money by air mail,
    fearing that I might not get it. In my opinion, not sending any
    money is also a quite secure way to ensure that I do not get any
    payments... The postal service has been refined for more than
    100 years and the service provided nowadays is, if rather slow,
    extremely reliable"



-- 
__________________________________________________________________________
Chris Muir                              |   "There is no language in our
cbm@well.sf.ca.us                       |    lungs to tell the world just
{hplabs,pacbell,ucbvax,apple}!well!cbm  |    how we feel"  - A. Partridge

mbrown@osf.org (Mark Brown) (06/13/90)

| ||"The best way to prevent illegal software piracy is to lower the
| ||softwares' prices, you hear me out there? Mr. Adobe & Mr. Letraset?"
| |
| |"The best way to reduce car radio thefts is to lower car radio prices,
| |do you hear me Mr. Blaupunkt & Mr. Alpine?"
| 
| stealing software lowers the price.  Software companies are not producing
| products for their health!  The only way to lower the prices is through
| competition.  Mark, do you think you can write and market ATM cheaper
| than Adobe can?  Then do it!  Telling them that people are going to steal

Russ, try reading my (somewhat terse) reply again, only this time, turn
your "sarcasm detector" up to "high"... I think you missed my point, 
somewhat. ;-)

Mark Brown   IBM AWD / OSF  | Even old New York, was once New Amsterdam
The Good     mbrown@osf.org | Why they changed it, I can't say
The Bad     uunet!osf!mbrown| People just liked it better that way...
The Ugly     (617) 621-8981 |        -They Might Be Giants


Mark Brown   IBM AWD / OSF  | Even old New York, was once New Amsterdam
The Good     mbrown@osf.org | Why they changed it, I can't say
The Bad     uunet!osf!mbrown| People just liked it better that way...
The Ugly     (617) 621-8981 |        -They Might Be Giants

hemstree@handel.CS.Colostate.Edu (charles he hemstreet) (06/13/90)

In article <26913.26750102@vaxb.acs.unt.edu> ac08@vaxb.acs.unt.edu (ac08@vaxb.acs.unt.edu (C. Irby)) writes:

   Path: ccncsu!boulder!ncar!asuvax!cs.utexas.edu!ntvaxb!ac08
   From: ac08@vaxb.acs.unt.edu (ac08@vaxb.acs.unt.edu (C. Irby))
   Newsgroups: comp.sys.mac
   Date: 12 Jun 90 14:49:38 GMT
   References: <56447.2673B586@cmhgate.FIDONET.ORG> <1990Jun12.160915.5685@portia.Stanford.EDU>
   Lines: 38

   In article <1990Jun12.160915.5685@portia.Stanford.EDU>, jinx@portia.Stanford.EDU (Dane Spearing) writes:
   > In article <56447.2673B586@cmhgate.FIDONET.ORG> Chuck.Arelei@f31.n343.z1.FIDONET.ORG (Chuck Arelei) writes:

[misc stuff deleted]
   > here at Stanford, you can purchase Microsoft Word 4.0 (new, with all
   > documentation) for $75.  Compare this with the cheapest mail-order
   > houses at around $250.  The only difference in the product is that it
   > comes in a box that says "Academic Package" on it.  No difference in
   > documentation or the program itself.  I'd call these pretty low prices!
   > 
     ^^^^^^^^^^^^^

Uhhh... Don't think that's totally correct.  I checked into it quite a
bit before I bought my academic version MS Word 4.0.  There are some
things you don't get with the academic version.  (Templates, some
documentation, etc.)  I still like my academic version just as much if
not better then the $250 package!  :-)  Just a little FYI.


Chip

--
!===========================================================================!
! Charles H. Hemstreet IV       !internet: hemstree@handel.cs.Colostate.Edu !
! Colorado State University     ! "stay out of trouble!" -RoboCop           !
!===========================================================================!

jamesth@microsoft.UUCP (James THIELE) (06/13/90)

In article <36990@ucbvax.BERKELEY.EDU> thom@dewey.soe.berkeley.edu.UUCP (Thom Gillespie) writes:
>
>I'm not replying to any particular reply to Chuck.Arelei's original posting but
>I have some thoughts:
>
> 4) In the Media lab Stuart Brand suggests that in the future we won't buy
> Microsoft Word so much as subscribe to it -- good service coming on a regular
> basis with a good update policy. Wasn't this what made Red Ryder a success?
 
Now here is an excellent idea that I've liked for a long time.  It has
advantages to both the buyer and seller.  For example, the buyer can
cancel the subscription if the  product fails to live up to expectations.
The seller gets a steady revenue flow.  The buyer and seller both benefit
when new machines/operating systems come out because there is a mechanism
in place to support upgrades (currently the buyer feels cheated because
he can't run on the new machine - the seller feels put upon because he is
expected to fix it).

There are other possible advantages in my mind, such as getting out of
the "batch" upgrade rut, where a new Excel/PageMaker/etc. only comes
out every year or two.  If there were subscribers the vendors would
want to keep up the flow of new goodies to keep them happy.

Enough on the advantages, who'll suggest what's wrong with the idea?

>	--Thom Gillespie

James Thiele -- microsoft!jamesth
Standard Disclaimer + I'm a developer, not a marketer

rww@demon.siemens.com (Richard W West) (06/13/90)

-        I know, and I agree. I can't afford a nice new car to replace my
-beat-up 1979 Oldsmobile, so I think I'll steal the car that I'd like
-to buy (but that I can't afford).

Try taking things into perspective.  Programs are much easier to
reproduce (and therefore copy) without the knowledge of ANYONE.  An auto
theft does draw some attention to the thief.

Hearing all of this stuff about development costs is a bunch of BS.
Companies, when distributing a program INCLUDE in the price their 100%
profit.  Remember, as with any item, a certain amount of profit is
included in the price of the items.  Computer software, as with most
commercial items, work on selling one item retail for the cost (to them)
for two.  The main reasons the prices stay high are:
 1. The companys have to cover for the profits lost through piracy
 2. They feel that they will make the most profit from the item at that
    specific price.  Believe me, they do their research into what the
    best price for them is.

-Rich West
Siemens Corporate Research and Development Laboratories
Princeton, New Jersey
Internet: rww@demon.siemens.com

Disclaimer:  These are my opinions.  They may be yours, they may be the
companies, but, then again, maybe not.

russ@convex.COM (Russell Donnan) (06/14/90)

In article <9338@paperboy.OSF.ORG> mbrown@osf.org (Mark Brown) writes:
Russ, try reading my (somewhat terse) reply again, only this time, turn
>your "sarcasm detector" up to "high"... I think you missed my point, 
>somewhat. ;-)

Oops!  I meant that to go to the ORIGINAL poster.  Many appologies -> Mark.
--
Russ Donnan, (214) 497-4778, russ@convex.com
Convex Computer Corporation, 3000 Waterview Parkway, Richardson, TX
-"To capture the essence of an opinion takes but one lawyer."

urlichs@smurf.sub.org (Matthias Urlichs) (06/14/90)

In comp.sys.mac, article <1990Jun12.134137.21997@eng.umd.edu>,
  russotto@eng.umd.edu (Matthew T. Russotto) writes:
< In article <3914@moondance.cs.uq.oz.au> tonyg@batserver.cs.uq.oz.au writes:
< >Chuck.Arelei@f31.n343.z1.FIDONET.ORG (Chuck Arelei) writes:
< >
< >And, for the shareware scene, find an easier way of paying the shareware
< >fees.  It can be very hard to pay them if you aren't in the same country
< >as the shareware author.
< 
< What's the matter with an international money order in US dollars?
< I have recieved two payments that way.

The matter is that some banks in Europe want real money for cashing such a
beast. Mine wants about $5 per US check. Money orders are worse because you
actually have to go to the bank to get one, which lowers the chance that
people like you and me actually pay up.

< (The author of MaxAppleZoom in Finland asks for cash... I wonder if he
< has ever considered the chances of cash actually making it through
< the international mail!)
Pretty good, provided that it's not visible from outside.

-- 
Matthias Urlichs -- urlichs@smurf.sub.org -- urlichs@smurf.ira.uka.de
Humboldtstrasse 7 - 7500 Karlsruhe 1 - FRG -- +49+721+621127(Voice)/621227(PEP)

news@cs.yale.edu (Usenet News) (06/14/90)

In article <36990@ucbvax.BERKELEY.EDU> thom@dewey.soe.berkeley.edu.UUCP (Thom Gillespie) writes:
>	1) It seems like software piracy is here to stay, part of the culture

Insofar as the culture is based on the technology, and the technology allows
one to very easily duplicate large amounts of software very quickly, you're
right.  Software is almost unique in this regard; in what other field of
industry can a technical item, which cost many man-years to produce and has
a value in the thousands of dollars, be stolen with such impunity, without
even affecting the original buyer?

That's one of the reasons piracy is such a dubious crime; you can copy
someone's software without their even knowing it!  It isn't stealing from the
person from whose software the copy was made; it's stealing from the company
who invested their time and money in the product, in the hopes you would
repay them.

I used to pirate software by the truckload back on my Apple ][ in high school,
but now that I'm going to work for Autodesk, things seem a bit different....

>3) In the recent Whole Earth Quarterly David Bryne is asked about music
>piracy, what does he think of it? He says, "He views piracy as advertising"
>They steal his music -- and the distributor looses -- and they pay to come to
>his concerts because they listen to his advertising all day long ... good
>advertising for a good product.

What does this have to do with software piracy?  There are no "concerts" in
the software world; if David Byrne had to make his living off of recorded
music alone, and if EVERYONE who listened to his music had a dubbing DAT
player that could copy whole albums in seconds, I think he'd change his tune
pretty quickly.

Comparing audio piracy to software piracy is bogus, both because audio copies
degrade whereas software copies are perfect, and because EVERY computer user
has what's needed to copy ANY piece of software, in a very short time, as
opposed to audio listeners who only sometimes have the necessary equipment, 
and who need to wait 45 minutes to tape an album.

>4) In the Media lab Stuart Brand suggests that in the future we won't buy
>Microsoft Word so much as subscribe to it -- good service coming on a regular
>basis with a good update policy. Wasn't this what made Red Ryder a success?

Two more problems with this:  most companies now are trying to make their
products as easy to use as possible, and investing a LOT of time and money
in their attempts to do so.  According to this suggestion, they should be
trying to make them as DIFFICULT as possible, so _all_ users will have to
come to them for support.  That would be bad!  Second, I am unaware that
Red Ryder _was_ a great success.  The current version is no longer share-
ware, is it?  Isn't it no longer called Red Ryder?  I wonder why the change?

I don't think the service idea is viable.  The best hope I can see, beyond
measures such as hardware locks and CPU numbers, is the gradual evolution
of a nationwide distributed network, from which all software is accessible.
The network would charge you for the time spent running particular programs,
and credit the programs' authors.  This scheme resembles the automated 
royalty mechanisms Ted Nelson suggested for hypertext networks--after all,
why write for a living on such a network if there's no way to receive royal-
ties?  Interestingly, in this scheme, all packages would become shareware:
you could try any number of commercial software packages, for very little
cost, any length of time, and with access to all the latest updates as soon
as they become available; and when you find the one you like best, you simply
use that one.  I can think of no better way to make the best software earn
the most money.  Software evolution would speed up dramatically....

For an interesting discussion of the industry's contradictory attitudes
towards copy protection, check out the book _The Autodesk File_, by John
Walker, New Riders Publishing, ISBN 0-934035-63-6.  Among with other bits
and pieces relating to Autodesk's growth, it has a description of the
time Autodesk started shipping a hardware lock device with AutoCAD, and the
reaction thereto.

>The most interesting suggestion in the entire discussion was by A J
>Cunningham, "legalize piracy." Now there is any idea worth discussing instead
>of the old bromides which don't fit digital media. Can you do it? How? What
>type of changes will have to happen in our heads for this to work?

I don't buy it.  There is no conceptual difference between a piece of soft-
ware and any other item in a free market; people invest their time in things
so that other people will buy those things, and other people buy the things
because they think the things are worth the price.  Software simply happens
to be much easier to steal than any other commodity I'm aware of.

The one argument which I heard a lot in high school is, "Well, I don't have
the money, and I _can't_ buy the thing, so what difference does it make if
I steal it?"  Over and above the immediate absurdity of this (I can't afford
a Ferrari, but I don't go out and steal one), I see a question of priorities
here.  When, after all, _do_ you have the money?  The question is whether 
you feel you can spare it.  If you are inclined towards piracy, you may well
decide you need the money more for other things, and copy the software while
claiming, and to some extent believing, you don't have what it takes to buy
it.  If you felt guiltier about pirating it, you might well _find_ the money.
Academic discounts take care of the one major case where this doesn't hold;
college students _don't_ have hundreds of dollars to blow on software, but
if you need th peackage badly enough, you should be willing to pay for it.
After all, if it doesn't pay for itself, why are you buying it?

People who still claim "well, it just costs too much and I'm not going to
pay it, so there!" are just common thieves.  Just because you're paying $1000
for nothing but a disk and a manual in a box doesn't mean that disk and that
manual aren't genuinely worth $1000!

>	--Thom Gillespie


Rob Jellinghaus                | "Next time you see a lie being spread or a
jellinghaus-robert@CS.Yale.EDU |  bad decision being made out of sheer ignor-
ROBERTJ@{yalecs,yalevm}.BITNET |  ance, pause, and think of hypertext."
{everyone}!decvax!yale!robertj |     -- K. Eric Drexler, _Engines of Creation_

rjohnson@seas.gwu.edu (Ray Johnson) (06/14/90)

In watching this thread there is on argument I haven't seen brought
up on the side of piracy.  Many people copy so many programs that 
they could never really use them all.  After all does someone who
has Word, MacWrite, WordPerfect and WriteNow use all of these progams
to write thier papers on?  So what do they do with all of these
programs that are just filling up space?

Some people have told me in the past that they are just 'shopping'
so to speak.  By copying the software they can learn to use various
programs completly and therefore have a better basis for determining
what to purchase.  It is hard to compare software by looking on the
back of shrink wrapped boxes and read reviews written by someone whos
opinion may mean nothing to you.  These same people often then buy
the product so that they can have company suport and instant access
to upgrades and bug fixes.

I think the ideal would be for the companies to produce demo versions
of thier products that do something like print thier logo on the
output.  Some companies do this now and this is enough to sastifiy
many would be piraters.

Furthermore, I don't think its the hacker that copies everything
he sees that causes the most problems.  It's the companies (or
sometimes governments) that copy programs for use by thier entire
company that cause the most problems.  It is this case that we are
talking about million dollar losses expecially in instances where
it is encouraged by forign governments or top managment.

-- 
Ray Johnson
Internet: rjohnson@gwusun.gwu.edu       Phone: (202)994-6853
The George Washington University

pmorriso@gara.une.oz.au (Perry Morrison MATH) (06/14/90)

In article <55192@microsoft.UUCP> jamesth@microsoft.UUCP (James THIELE) writes:
>In article <36990@ucbvax.BERKELEY.EDU> thom@dewey.soe.berkeley.edu.UUCP (Thom Gillespie) writes:
>>
>>I'm not replying to any particular reply to Chuck.Arelei's original posting but
>>I have some thoughts:
>>
>> 4) In the Media lab Stuart Brand suggests that in the future we won't buy
>> Microsoft Word so much as subscribe to it -- good service coming on a regular
>> basis with a good update policy. Wasn't this what made Red Ryder a success?
> 
>Enough on the advantages, who'll suggest what's wrong with the idea?
>

I think it's great idea- reminds of the one where doctors only get their fee
if they make you well- (but too bad if you're terminal ;-) ).

The weak link might be all the "information workers" out there and book
publishers who would poach or headhunt the best support people from the
software companies and bring out fat volumes that provide much of the
support that you would otherwise pay the software company for.

I imagine that under the proposed scheme software upgrades should also
be PD/free otherwise the motivation for piracy raises its head again.

The real issue we are grappling with here is the nature of information-
its transportability and reproducability. When information is copied an
ethereal thing called intellectual effort etc has been stolen and that's
hard to track down or even determine that it's happened. 

What happened to the old proposal for taxing the copying media itself,
placing it in a pool and coming up with (who knows what!) scheme to
fairly distribute it to software developers?

Perry Morrison

brendan@claris.com (Brendan McCarthy) (06/14/90)

I'm not trying to pick on anyone in particular, but some opinions have been
expressed here that compell me to respond...

Thom Gillespie (thom@dewey.soe.berkeley.edu) writes:
> 1) It seems like software piracy is here to stay, part of the culture

This is an invalid argument.  One cannot justify immoral behaviour just because
it is widespread in a culture.  Try to apply this argument to behaviour like
murder to see how incorrect it is.
It is rationalisation, plain and simple.
Piracy is theft.  Too people many people are ignorant of this, others
choose to ignore it.
I think part of the problem is that people confuse the media (disks, manuals,
etc.) with the software itself.  When you pay for software, you are not 
primarily paying for the cost of material goods, but rather for the development
effort of the software.  Somehow, people seem to equate the ease of duplicat-
ing these material goods with the difficulty of creating quality software.

 
> 2) Can anyone document a particular company which has gone out of business
     because of software piracy as opposed to bad documentation, service, pro
     duc etc? I imagine that microsoft, lotus, and claris are at the top of the
     pirated companies -- their products are good

I don't know of any companies that have gone out of business, but I do know
that 20% - 50% (depending on the location) of Claris software being used is 
pirated.  The amount of revenue lost to piracy certainly cuts into R&D
bugets, etc, and eventually affects the software's market price.
I'll paraphrase one of the previous posters who said, "The way to end piracy
is to lower software prices."  My response is, the way to lower software
prices is to end piracy...


> 3) In the recent Whole Earth Quarterly David Bryne is asked about music
     piracy, what does he think of it? He says, "He views piracy as advertisi
     ng   They steal his music -- and the distributor looses -- and they pay to
     come to  his concerts because they listen to his advertising all day long
     good advertising for a good product.

Maybe so, but the software industry and the music industry are very different.
For example, the ONLY way a software company generates income is by selling
software... there are no concerts to subsidize them.  

Once again, Thom, this isn't meant to be an attack on you at all.  There were
just too many fallacious ideas expressed for me to hold my ire any longer.

As a software engineer, the software piracy harms me directly.  A quality
piece of software is the result of tens of thousands of man-hours of labor,
by several dozen people over a long period of time.  It costs tens to hundreds
of thousands of dollars just to develop the software.  This does not include
production cost, the cost of writing manuals, marketing expenses, etc.
It's important for customers to realize this.

Anyway, that's enought of a rant for now.

Brendan

        :        Brendan McCarthy
        :        UUCP:      brendan@claris.com
        :        InterNet:  {ames,apple,portal,sun,voder}!claris!brendan
        :
        :

thornley@cs.umn.edu (David H. Thornley) (06/14/90)

In article <10402@hydra.gatech.EDU> ccocswr@prism.gatech.EDU (Winston Rast  (Micro- coop)) writes:
>You are also correct in stating your comments about development costs.  The
>expenses to develop a product must be passed on to the consumer although I
>would much rather they not be but I have little choice and I understand their
>high price.  Take PageMaker 4.0 for example.  It will list at $795.  I'm sure
>that one will be pirated to a great extent but Aldus can't help it really.
>It's just their development costs getting in the way.  By the way, PM 4.0 will
>go for $199 here at GA Tech.  GREAT PRICE!!  I'm getting one!
>Take care,
>Winston

This is probably the most prevalent economic fallacy today.  Aldus does not
have to price PM 4.0 at $795 because it cost a lot to develop; that is a 
sunk cost and has nothing to do with unit cost.  They price their products
at the point where they think they will get the most profit.  They may have
to set the satisfactory profit line at a high level because of earlier
development costs, but that is a different matter.  To price a product,
consider the unit costs (documentation, packaging, etc.), draw up a price
vs. sales curve (estimated, of course), subtract variable costs from the price,
and pick the best point on the curve.  Expensive development requires a lot
of profit to be worthwhile, and may contribute to raising the price (by
requiring more expensive documentation or by raising demand at high price
levels), and a company will be willing to spend a lot on development only if
they have some confidence of recouping these costs, but these influences are
indirect.

In the example above, if each package shipped cost Aldus $100, and ten times
as many people would buy it at $199 rather than $795, they would be fools to
charge the higher price.  By having as good a product as they can, they hope
that they can sell a lot at $795, so that maybe only four times as many people
would buy at $199.  And, since they figured they could sell a *lot* of PM
at $795, they figured they had lots of money to spend on making a good
product.

DHT

>
>
>
>-- 
>|- Winston Rast  (Micro- coop)	     Georgia Institute of Technology      -|
>|  ccocswr@prism.gatech.edu          Atlanta, Georgia  30332               |
>|									   |
>|- "Guilt is SUCH a great weapon!"   -- Bull (Night Court)                -|

knoll@well.sf.ca.us (John Knoll) (06/14/90)

Did it occur to anyone that if there were less piracy, software prices
could come down.  Software prices are set to balance development cost
against sales.

peterm@dna.lth.se (Peter M|ller) (06/14/90)

I hope I don't offend anyone out there by this, but I must say that you people
don't know the TRUE meaning of the word "expensive software". Someone said
that PageMaker 4.0 costs $795 in the US, how does a standard price tag of
$1 800 grab you? When did you last paid $170 for a not-so-thrilling DA? How
about $ 4 760 *Student Price* for a SE/30? How about *no* student prices at
all for software (i.e. $715 for MS Word 4.0 - for a student)? OK, this may
be a weak excuse for software piracy, but the price policy here is *insane*!
Apple, do you hear me??? OK, Multi-Stupid may not get so much cash by selling
Word for $75, but the sure get good-will! With that price (for a student) I
would buy it today!


Peter Moller
Lund Institute of Technology - Sweden

ralph@computing-maths.cardiff.ac.uk (Ralph Martin) (06/14/90)

Whats wrong with International Money Orders is that they are expensive (often
nearly as much as the shareware fee), and a hastle to obtain (compared with
writing a check or using a credit card). I've had 1 (one) person (well
company) in the US honest enough to pay me for some shareware I wrote. While
I can't say for definite I would have had more if making the payment had
been easier, I strongly suspect this may be the case, taking into account
the number of UK payments I've had (no, I don't think people in the UK are
more honest in general!)
Ralph

mrys@ethz.UUCP (Michael Rys) (06/14/90)

1. It may be that you can get software for a few dollars with student
rates in the US of A, but in Europe the student rates correspond to the
common market prices in the US (e.g., I can get MS Word 4.0 student rate
here for ~650 sfr. (english version) or ~1000 sfr. (german version).
This is probably more than ordering in the US from one of those
mailorder places. It looks the same for other software (not only MS).
It is also the same for hardware (e.g., student rate IIcx 8600sfr.,
student NeXT (US ~6500$) 16000sfr.!!!). As long as the prices are that
exorbitant (the normal prices are 10% to 30% more!), I hardly can afford
to buy a computer, not speaking about Software...

2. Re shopping piracy:
   I would really like to see cheap (or better free) print (look at)
only versions of the most programs. If I receive a WriteNow document
from somebody, how can I look at it without opening or printing it?
In this respect Unsit and their like in the PD/SW domain are great.

Just my .02$ opinion...
Michael

+---------------------------------------------------------------+
| Michael Rys, V. Conzett Str. 34; CH-8004 Zuerich; Switzerland |
| UUCP:  mrys@ethz.UUCP or       EAN:     mrys@ifi.ethz.ch	|
|        mrys@bernina.UUCP       IPSANet: mrys@ipsaint		|
| Voice: +41 1 242 35 87					|
+---------------------------------------------------------------+
-- Wovon man nicht sprechen kann, darueber muss man schweigen. --
       Ludwig Wittgenstein, Tractatus logico-philosophicus

wcarroll@encore.com (Mr. New Dad) (06/14/90)

From article <18500@well.sf.ca.us>, by knoll@well.sf.ca.us (John Knoll):
> 
> Did it occur to anyone that if there were less piracy, software prices
> could come down.  Software prices are set to balance development cost
> against sales.

As has been pointed before, software prices are set to balance PROFIT
goals, not development cost. Less piracy would likely reduce retail costs,
but if Microsoft can still get $400 for a copy-protected Word, they will
still charge that.


-- 
William R. Carroll  (Encore Computer Corp., Ft. Lauderdale FL)
wcarroll@encore.com         uunet!gould!wcarroll
   "Dan Quayle gives underachievers a bad name."
                                  -- Bart Simpson

kmagel@plains.UUCP (ken magel) (06/14/90)

    One explanation for the enormous amount of software piracy which seems to 
go on is that the victim in any piracy is some faceless, probably large and 
assumed to be dishonest or malacious, company rather than an individual whom 
the theif might know or at least have seen.  The person from whom the software
is taken loses nothing - his or her copy is just as useful as it was before
the theft.

mart@csri.toronto.edu (Mart Molle) (06/15/90)

Brendan McCarthy (brendan@claris.com), responding to earlier comments, writes:

[on people finding it easy to rationalize piracy:]

>I think part of the problem is that people confuse the media (disks, manuals,
>etc.) with the software itself.  When you pay for software, you are not 
>primarily paying for the cost of material goods, but rather for the development
>effort of the software.  Somehow, people seem to equate the ease of duplicat-
			  ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>ing these material goods with the difficulty of creating quality software.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
[on music piracy as "good advertising", and its analogy with software piracy:]

>Maybe so, but the software industry and the music industry are very different.
>For example, the ONLY way a software company generates income is by selling
>software... there are no concerts to subsidize them.  
>
>As a software engineer, the software piracy harms me directly.  A quality
>piece of software is the result of tens of thousands of man-hours of labor,
>by several dozen people over a long period of time.  It costs tens to hundreds
						      ^^^^^^^^^^^^^^^^^^^^^^^^^
>of thousands of dollars just to develop the software.  This does not include
 ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>production cost, the cost of writing manuals, marketing expenses, etc.
>It's important for customers to realize this.

An issue that has not come up yet in this discussion is people's [lack of]
understanding of value-for-money EVEN WHEN THEY DO UNDERSTAND that they are
paying for software development and not just production costs.  I know
of people with some programming experience whose attitude is essentially:

	``I could have written a program in X days on my machine having
	Y percent of the functionality of this package, so a price of Z
	is a ripoff to gouge the suits who don't know any better.''

Obviously, the above rationalization is flawed because it ignores the fact
that writing the first kludgy prototype is only a small step along the way
to a saleable product.  However, let's see what the response by a
hypothetical `man on the street' might be to the highlighted text:

	``OK, so Ford spent 5 *billion* dollars to develop the Taurus/Sable,
	and is now selling copies at about $15K each.  Thus, a back of the
	envelope calculation for determining the "fair" price for a piece
	of software that cost .5 million to develop comes out to around $1.50.
	That's not enough to cover the production costs, but I guess it means
	the price of software should be set at little more than production
	costs.  So why do they charge hundreds of times more???''

Well, at the present time, software is different from automobiles, hit songs,
and just about everything else the hypothetical man on the street is familiar
with.  They must charge a lot more because they can't expect to sell millions
of copies without a lot of additional work in updating the product.  There
aren't that many potential customers for a given piece of software (yet),
because there isn't a long term universal standard for the interface to the
hardware platform.  Imagine if cars ran on rails instead of pavement, and
every year they added some new segments of track with yet another incompatible
guage (spacing).  Or imagine if the musician who enjoys his "good advertising"
had to do a new arrangement (and re-record) his hit song every time Sony came
up with a new cassette deck or CD player.  I dare say that automobile makers
and musicians would be forced to alter their price structure in the direction
of software houses.  I guess the bottom line is that we should not expect
commodity prices on software until we stop innovating on the hardware side,
and run out of good ideas for evolving the software.  I'm sure not looking
forward to this...

Mart L. Molle
Computer Systems Research Institute
University of Toronto
Toronto, Canada M5S 1A4.
(416)978-4928

mldemsey@cs.arizona.edu (Matthew L. Demsey) (06/15/90)

  Yes, I sympathize with software engineers who work and sweat over
a good piece of software.  But somewhere down the line some bastard
in the bueracracy gets a hold of it and jacks the price up far beyond
the cost to make/cost to pay engineeres salary.  I defy anyone to justify
they $750+ software costs of PM 4.0, etc. (in terms of paying the engineers
technical writers, and printing fees, marketing,etc.)  As with any active
example forms of capitalism - someones pocket is becoming filled by others
work.   Apple, I would say, is a very good example of this.  Even the student
discounts are in no-way discounts, (2 meg upgrade for $600+, the least 
severe of these).  I am 100% sure that if the means of creating the
Mac II motherboard were easily available to the general 'hackers', the
Mac II's would be quickly and efficiently pirated; this is theft, but
it is also a statment to Apple saying 'Hey, there's no way you can justify
the outrageous CPU prices... and we're doing something about it.'  Apple
realizes their overpricing, but has assured their monopoly by copyrighting
their motherboard...

Everyone is socialistic until they begin making real money...

anyway. Loki

tonyrich@titanic.cs.wisc.edu (Anthony Rich) (06/15/90)

These are all open to further discussion and clarification, of course.
Don't get me wrong:  I am definitely NOT promoting piracy here!  I'm just
summarizing the arguments I've noted so far:  both FOR, AGAINST, and
OTHER.  Add/delete/change as you see fit.

Arguments put forth as possible justifications of piracy:
---------------------------------------------------------

1.  Piracy is OK if the software is overpriced (in particular,
    high overseas pricing was noted).

2.  Piracy is OK if the price is OK but you still can't afford the product,
    if you want or need it badly.  (This is like #1, but overpriced relative
    to one's PERSONAL budget, not necessarily overpriced in the marketplace).

3.  Piracy is OK if the software producer is a large and faceless company.

    3a:  Piracy is OK if it only affects strangers or people one doesn't like
         or people who seem less moral than oneself.

    3b:  Piracy is OK if the financial loss due to a single act of piracy
         is small relative to a large company's income.

4.  Piracy is OK if the probability of being punished for it is low.

5.  Piracy is OK because the original is not removed, just copied.

6.  Piracy is OK if it is fast and easy to do.  It's not OK if it's slow
    and cumbersome, like copying a book on a copy machine.


Arguments put forth as possible condemnations of piracy:
--------------------------------------------------------

1.  Piracy is not OK because it is theft.  It is economic theft (loss of
    sales), not physical theft (loss of a diskette, say), but it's still theft.

2.  Piracy is not OK because it increases software costs.  (Although if
    all piracy stopped, prices might not decrease; developers might use the
    additional profits for other purposes).


Arguments for legalizing piracy:
--------------------------------

1.  Software should be free.

    Pro:  Software is access to information, and there are precedents
          for the concept of free information availability (public
          libraries, directory assistance).

    Con:  Developers should be compensated directly for their efforts.
    Con:  People should pay for products they need and use.  Software
          is no different in that respect.

2.  Copying should be free; instead, people should compensate developers
    for documentation and technical support.

    Pro:  Moves software cost away from acquisition and toward effective
          use.

    Con:  Financially motivates the design of difficult-to-use software.
    Con:  Motivates the piracy of documentation and technical support.

3.  Copying should be free; instead, people should pay considerably more
    for copying media.

    Pro:  Moves the cost away from initial acquisition and penalizes
          copying.

    Con:  Too indirect; doesn't compensate developers directly or in
          proportion to the product.
    Con:  Penalizes non-piracy copying (of private data, for example).
--
-----------------------------------------
| EMAIL:  tonyrich@titanic.cs.wisc.edu  | 
| Disclaimer:  I speak only for myself. |
-----------------------------------------

fiddler@concertina.Sun.COM (Steve Hix) (06/15/90)

In article <10592@spool.cs.wisc.edu>, tonyrich@titanic.cs.wisc.edu (Anthony Rich) writes:
> Don't get me wrong:  I am definitely NOT promoting piracy here!  I'm just
> summarizing the arguments I've noted so far:  both FOR, AGAINST, and
> OTHER.  Add/delete/change as you see fit.
> [...] 
> Arguments for legalizing piracy:
> --------------------------------
> 
> 1.  Software should be free.
> 
>     Pro:  Software is access to information, and there are precedents
>           for the concept of free information availability (public
>           libraries, directory assistance).

Bad analogy: neither public libraries nor directory assistance are free.
While you may not pay up front for each use of either of them, there
was some cost for setting up and maintaining them.

In the case of libraries, the cost is usually covered by local taxes...
you might not pay to get in, but it's because they already got your
money.  Even if you're not talking benefit of what you paid for.  (The
fines are a side benefit, of sorts.  :} )

Starting up a new public library is pretty expensive, btw.  Once the
initial building and book acquisition costs are covered, running the
operation isn't so bad.  Imagine if librarians were paid well.

(In the case of private libraries, the cost is coughed up by some
individual or corporation, etc.  Wonder where *they* got the money
for it?)

In the case of directory assistance, the cost is covered by other phone
company income.  (Although some phone systems do charge directly these
days.)  You're still paying for it, you just don't see the charge on your
monthly bill.

------------
  The only drawback with morning is that it comes 
    at such an inconvenient time of day.
------------

derek@leah.Albany.Edu (Derek L. / MacLover) (06/15/90)

In article <1990Jun14.070422.17363@lth.se> peterm@dna.lth.se (Peter M|ller)
 writes:
>I hope I don't offend anyone out there by this, but I must say that you people
>don't know the TRUE meaning of the word "expensive software". Someone said
>that PageMaker 4.0 costs $795 in the US, how does a standard price tag of
>$1 800 grab you? When did you last paid $170 for a not-so-thrilling DA? How
>about $ 4 760 *Student Price* for a SE/30? How about *no* student prices at
>all for software (i.e. $715 for MS Word 4.0 - for a student)? OK, this may
>be a weak excuse for software piracy, but the price policy here is *insane*!


        My god, at those prices, wouldn't it be more cost-effective to fly
to the U.S. and buy a bunch of products in bulk -- say, for you and a bunch    
of friends -- and bring them back home?  I'm not speaking solely of software
here, it applies to hardware just as much.


>Peter Moller
>Lund Institute of Technology - Sweden
.
.
						Derek L.

-- 
       BITnet: derek@albnyvms          | Macintosh Guru / Monty Python fanatic
  -| InterNet: derek@uacsc1.albany.edu |Consultant & Student Asst.@ SUNY-Albany
---}------------------------------------) <><><>(Why would my boss care?)<><><>
  -|      Fencers love to touch!       |"Cinderella man/ Hang on to your plans"

peterm@dna.lth.se (Peter M|ller) (06/15/90)

In article <3174@leah.Albany.Edu> derek@leah.albany.edu.UUCP (Derek L. / MacLover) writes:
>
>        My god, at those prices, wouldn't it be more cost-effective to fly
>to the U.S. and buy a bunch of products in bulk -- say, for you and a bunch    
>of friends -- and bring them back home?  I'm not speaking solely of software
>here, it applies to hardware just as much.
>
>						Derek L.
>

Me, my (also) poor friends and a lot of small companies does that. I bougth my
62 MB hardy for $1100 (total cost: s/h + taxes etc.) from USA. For the same
amount of $$ I could buy a 20 MB hardy *student price* here in Sweden. To
be honest, I'm afraid that the big companies dont care about the prices, and
that's why Apple and the gang can keep the high prices. But it's a good ground
for growing software piracy!


Peter Moller
Lund Institute of Technology - Sweden

mas@ulysses.att.com (Michael A. Schoen) (06/15/90)

Look, lets settle this once and for all.

Software prices are not related (directly) to development costs.
The are NOT DIRECTLY RELATED.  Prices are set at the highest price
they can make the most profit on.  When development starts, the
company makes an estimate of the ideal price and development costs -
if the costs are estimated to be more than the optimum price, the
product is never made.  THis is the only relation between costs
and the final price.

Software is no different than any other business.  Ford prices its
cars to make the most money.  A Mustang does not cost Ford 15K
to make, but they figure at that price they will make the most money.

Should we all go out now and steal Fords for trying to make a profit.
I think not.  So don't steal software.

If you don't have the money to buy commercial software, use shareware/
freeware.  At least for the Mac, the quality of such programs is
fairly high.


Michael A. Schoen
AT&T Bell Laboratories   <-- provided for identification only

mas@ulysses.att.com

mbrown@osf.org (Mark Brown) (06/15/90)

In article <331@caslon.cs.arizona.edu>, mldemsey@cs.arizona.edu (Matthew
L. Demsey) writes:
> Mac II motherboard were easily available to the general 'hackers', the
> Mac II's would be quickly and efficiently pirated; this is theft, but
> it is also a statment to Apple saying 'Hey, there's no way you can justify
> the outrageous CPU prices... and we're doing something about it.'  Apple
> realizes their overpricing, but has assured their monopoly by copyrighting
> their motherboard...

BZZZZZT! You lose. Thieves don't make statements, they steal.

If you want to make a statement to Apple that their prices are too high.....

DON"T BUY THE PRODUCT! and tell their salesfolks why.

Mark Brown   IBM AWD / OSF  | Even old New York, was once New Amsterdam
The Good     mbrown@osf.org | Why they changed it, I can't say
The Bad     uunet!osf!mbrown| People just liked it better that way...
The Ugly     (617) 621-8981 |        -They Might Be Giants

d88-jwa@nada.kth.se (Jon W{tte) (06/16/90)

Asbestos suit on.

99% of the piracy I know of isn't harming the companies producing
the programs. Why ? Because he who copies, either takes a copy,
or doesn't use the program AT ALL. (Financial reasons, if you say
so)

Rather, I know of a company (I haven't worked there) that uses
pirated software to try it out, and if they decide they want it,
they buy it. Also, someone using a neat, pirated program might
inspire someone else to actually buy it. And, lastly, people with
poor finances (mostly kids) tend to group together and buy one
copy to share - if they couldn't, they wouldn't buy a single copy

	Jon W{tte, Stockholm, Sweden, h+@nada.kth.se

philip@Kermit.Stanford.EDU (Philip Machanick) (06/16/90)

In article <3174@leah.Albany.Edu>, derek@leah.Albany.Edu (Derek L. /
MacLover) writes:
> In article <1990Jun14.070422.17363@lth.se> peterm@dna.lth.se (Peter M|ller)
>  writes:
> >I hope I don't offend anyone out there by this, but I must say that
you people
> >don't know the TRUE meaning of the word "expensive software". Someone said
> >that PageMaker 4.0 costs $795 in the US, how does a standard price tag of
> >$1 800 grab you? When did you last paid $170 for a not-so-thrilling DA? How
> >about $ 4 760 *Student Price* for a SE/30? How about *no* student prices at
> >all for software (i.e. $715 for MS Word 4.0 - for a student)? OK, this may
> >be a weak excuse for software piracy, but the price policy here is *insane*!
> 
> 
>         My god, at those prices, wouldn't it be more cost-effective to fly
> to the U.S. and buy a bunch of products in bulk -- say, for you and a
bunch    
> of friends -- and bring them back home?  I'm not speaking solely of software
> here, it applies to hardware just as much.
> 
Well, a lot of mail order places will sell overseas (including some not
authorized by Apple, but which sell Apple products). However, a lot of software
companies don't allow their dealers to export. I wonder why? Of course, this
doesn't stop you from asking a friendly person in the US to buy something
for you...

Philip Machanick
philip@pescadero.stanford.edu

roy@phri.nyu.edu (Roy Smith) (06/18/90)

In Chuck.Arelei@f31.n343.z1.FIDONET.ORG (Chuck Arelei) writes:
> "The best way to prevent illegal software piracy is to lower the
> softwares' prices, you hear me out there? Mr. Adobe & Mr. Letraset?"

	In my experience, piracy and price have little relation.  In
general, people who don't have any compunction about pirating software are
just as happy pirating a $400 program as they are pirating a $100 one.
This is, of course, a broad generalization, and I'm sure for every example
I can find to back up my assertion, you can find a counterexample.

	My gut feeling is that one good way to cut down on pirating is to
require the use of an installer program which personalizes the original copy
on the distribution diskette so that "registered to foo" is boldly displayed
on the startup screen on every copy made.  It won't actually prevent anybody
from making pirate copies, but it is a subtle reminder.  At least in a campus
(industial or academic) setting, it will make it easier for tech support
people to spot pirate copies when providing on-location help.  Of course, to
do this requires that you insert your original disk in your machine with the
write-protect tab in the "writable" position, which is clearly not desirable,
leaving you with a dilema that I don't know the answer to.

	Another thing which would make it easier for large sites to prevent
internal pirating (i.e. a situation where administration/management is
desirious of obeying the copyright rules but individials are not) would be to
have sensible site-license agreements.  To take a case in point, we probably
have about 15 or so Macs in our organization, with probably another 10 or so
in employee's homes.  I would guess that for typical popular programs (say
MS-Word, Cricket Graph, or Dreams) at least half the copies are hot.
Management has expressed a (perhaps reluctant) willingness to negotiate site
licenses with the suppliers of these programs, but in all cases, site
licenses are either unavailable, or the cost is so prohibitive as to make it
totally out of the question.  Sometimes there are, for example, quantity 10
discounts which are attractive compared to quantity 1 list prices, but worse
than quantity 1 pricing from MacConnection.  Faced with economics like that,
management declines to negotiate a site license, and individuals continue to
make pirate copies (40% off at MacConnection may be a good deal, but 100% in
the next office is even better).
--
Roy Smith, Public Health Research Institute
455 First Avenue, New York, NY 10016
roy@alanine.phri.nyu.edu -OR- {att,cmcl2,rutgers,hombre}!phri!roy
"Arcane?  Did you say arcane?  It wouldn't be Unix if it wasn't arcane!"

amherasimchu@amherst.bitnet (06/27/90)

In article <1990Jun26.161427.3417@Neon.Stanford.EDU>, kaufman@Neon.Stanford.EDU (Marc T. Kaufman) writes:
> 
> No, it doesn't, ...a Shrink-Wrap license is a statement of what YOU want ME
> to do, but I don't necessarily agree to it -- regardless of the wording.  If
> you don't want me to open the package, have someone at the store get my
> agreement in writing.  Otherwise -- good luck.  Read my lips.  If you can't,
> there was no Verbal agreement.

I liscense agreement, in most cases, appears where the diskettes are contained. 
This means that you can open the package, read the manauls, check out the
mailing stuff inside, etc, as you like.  Once open the package that contains
the diskettes, then you have agreed to the terms of the liscense. REad the
entire manual if you like to make sure the software will do what you are
looking for it to do.  If it doesn't, send the package back and get your money
back.

> 
>>As for the the addition of the liscense agreement which is "concealed" beyond
> 
>>The copyright laws only protect the code for the software, not the sale and
>>profit made from it, which is what liscening agreements are for.
> 
> Sure it is.  Thats why the agreement says such things as (from Apple's):
> "Apple makes no warranty or representation, either express or implied, with
> respect to software, its quality, performance, merchantability, or fitness
> for a particular purpose.  As a result, this software is sold 'as is', and
> you the purchaser are assuming the entire risk as to its quality and
> performance."...

The next time you go see a movie, and you don't like it, go to the register and
demand your money back.

> 
> I'll be happy to adhere to shrink-wrap licenses, just as soon as the software
> makers will be willing to stand behind their products.  If I buy a compiler,
> say, and I invest a lot of time and money bringing up a system and then find
> that the compiler generates buggy code -- my SOLE recourse under the current
> agreements is to get a refund of the purchase price of the software.  I want
> software companies to have more responsibility for making it work right!

Completely agreed.  Look, I am not trying to preach the alimghty word of
Liscense Argeements.  I understand.  I'm a die hard user.

We intend to stand behind our product.  But in order to do so, we have to make
sure that we don't fail in the business world.  We believe in our products.  I
know some companies do not.  (I've spoken to many a employee at those companies
who just give a s**t.)  That's a fine line to walk.  People do the best they
can sometimes.

> 
>>You may talk to our lawyer (who writes our software agreements) in court if you
>>would like to test the system.
> 
> I'm not afraid of your lawyer.  And you'll have to bring the action, and
> win the case -- or pay MY court costs (and the lawyers I use are not cheap)

I forgot the smiley on that on.  It was intended to be humorous.

Let me throw this at you:  I can see your argument against liscense agreements. 
If you have a system that will work for *all* companies to A) Protect their
software from piracy, B) Keep their profit margins in the positive, C) Protect
the users from poor software, but also from deceiving companies, and D) Is
simple, clean and efficient, then I'd be more than willing to try it.

However, think about this:  If a software companiy sells package "A" @ $495,
and the package is pirated a hundred times, that's already a $49,500 loss for
the company.  Compound over time to a year or two (let's say that the package
is pirated four hundred times, one hundred for every business quarter) the loss
becomes $198,000.  That's quite a chunk.  Some software companies need that
money.  They could advertise more, hire moer emplotyees to help their
customers, etc.

Again, the software companies are not in a business like fastfood,  where the
money contiually rolls in.  Users are the toughest people on this planet to
please, and the software that is out there has survived some of the toughest
critism this planet has seen.

I'm am all for a new system, if you like.  Givbe me the system, the numbers,
the cost, the employees it will require, the machines, the advertising costs,
the insurance costs, the lawyer fees, etc., and then put those figures against
the time it will take to implement the system, make it work for the company and
the user, and show me that it will keep the profit margins at the highest level
possible.  I'll be the first one to implement it.

Andrei Herasimchuk
Marketing Director
Specular Int'l

Standard Disclaimer as always.

binder@eniac.seas.upenn.edu (Tim Binder) (06/29/90)

In article <9665.2687d72d@amherst.bitnet> amherasimchu@amherst.bitnet writes:
>In article <1990Jun26.161427.3417@Neon.Stanford.EDU>, kaufman@Neon.Stanford.EDU (Marc T. Kaufman) writes:
>> 
[some text deleted...]
>>>profit made from it, which is what liscening agreements are for.
>> 
>> Sure it is.  Thats why the agreement says such things as (from Apple's):
>> "Apple makes no warranty or representation, either express or implied, with
>> respect to software, its quality, performance, merchantability, or fitness
>> for a particular purpose.  As a result, this software is sold 'as is', and
>> you the purchaser are assuming the entire risk as to its quality and
>> performance."...
>
>The next time you go see a movie, and you don't like it, go to the register and
>demand your money back.

The next time I go to a movie advertising Michael J. Fox and Christopher
Lloyd as stars, which doesn't actually contain them, I will ask for my money
back. AND I will get it.

The problem here is that software companies have gone to the extreme, with
disclaimers that basically say "This software is not guaranteed to do
anything, including that which we advertised it would." This is too much.
I understand companies trying to protect themselves

[more deletions...]
>
>However, think about this:  If a software companiy sells package "A" @ $495,
>and the package is pirated a hundred times, that's already a $49,500 loss for
>the company.  Compound over time to a year or two (let's say that the package
>is pirated four hundred times, one hundred for every business quarter) the loss
>becomes $198,000.  That's quite a chunk.  Some software companies need that
>money.  They could advertise more, hire moer emplotyees to help their
>customers, etc.

I am getting really tired of this fallacy that piracy causes actual
financial LOSSES to a company. Taking some figures, strictly for example,
since I do not know actual sales figures for any particular product:

Say 2,000 copies of the package above are sold, and the package cost 
$500,000 to develop, including all costs. My accounting makes this

	2,000 x $495		$990,000
	development costs	-500,000
				---------
	net profit		$490,000

Now, using the above logic, another 2,000 copies are pirated:

	-2,000 x $495		-990,000
				--------
			       ($500,000) loss

Which says to me the company lost $0.5 million in the sales period we are
looking at. Any accountant will tell you they made almost $0.5 million, not
lost it.

YES, the company probably DID suffer from decreased revenues due to piracy,
but it did not "lose" money.

>
>Andrei Herasimchuk
>Marketing Director
>Specular Int'l
>
>Standard Disclaimer as always.


Please note that I am not trying to condone piracy; it's just that seeing
faulty logic destroy a good cause (reducing piracy), I could not let this
continue without comment.

Tim Binder

|----------------------------------------------------------------------------|
| Timothy Mark Binder      | At any time, at any place, our snipers can drop |
| Computing Coordinator    | you  at a  moment's  notice.  Have a  nice day. |
| Van Pelt College House   |-------------------------------------------------|
| University of Pennsylvania      | Disclaimer: Nobody tells this university |
| (Yes, I'm only a student here.) | what to think, least of all us students. |
|----------------------------------------------------------------------------|

omh@cs.brown.edu (Owen M. Hartnett) (06/29/90)

In article <9665.2687d72d@amherst.bitnet> amherasimchu@amherst.bitnet writes:
>In article <1990Jun26.161427.3417@Neon.Stanford.EDU>, kaufman@Neon.Stanford.EDU (Marc T. Kaufman) writes:
>> 
>
>I liscense agreement, in most cases, appears where the diskettes are contained. 
>This means that you can open the package, read the manauls, check out the
>mailing stuff inside, etc, as you like.  Once open the package that contains
>the diskettes, then you have agreed to the terms of the liscense. REad the
>entire manual if you like to make sure the software will do what you are
>looking for it to do.  If it doesn't, send the package back and get your money
>back.
>
We know what you're writing in these license agreements, what we're saying
is
that they're *not valid*.  No shrinkwrap agreement has ever been tested
in court and a company would be committing fiscal suicide to rely on one.
I'm not saying that people should go out and copy your software, I'm saying
that there is *no* contract between two parties.  Suppose your license
agreement said that if I broke the seal, title to my house passes to you.
If I break the seal, do you own my house?  A company could put any wording
it likes in this so-called agreement, and, according to you, it would be
valid.  How about if the seal arrives broken in transit?  or missing?
How could you prove someone broke the seal?  Is there no agreement if the
seal is intact but the envelope with the disks has been slit open at the
bottom?  Sorry, but I'm a software developer, too, with products on the
open market, and I don't believe any of these shrinkwrap agreements
are going to pass muster.

>>>You may talk to our lawyer (who writes our software agreements) in court if you
>>>would like to test the system.
>> 
>> I'm not afraid of your lawyer.  And you'll have to bring the action, and
>> win the case -- or pay MY court costs (and the lawyers I use are not cheap)
>
>I forgot the smiley on that on.  It was intended to be humorous.
>
This is probably the worst of all.  These lawyers are trying to create this
new kind of contract law and, worst of all, are not using legislation.
They're just putting all these license agreements out there and hoping that
if there's enough of them out there, it will become de facto law.  This
increases the chances of litigation and puts more of the software
developers bucks in the lawyer's pockets.  Where do you want to spend 
your money - on a good research programmer or a lawyer?

>Let me throw this at you:  I can see your argument against liscense agreements. 
>If you have a system that will work for *all* companies to A) Protect their
>software from piracy, B) Keep their profit margins in the positive, C) Protect
>the users from poor software, but also from deceiving companies, and D) Is
>simple, clean and efficient, then I'd be more than willing to try it.

I don't think that your license agreement will accomplish A,B,C or D, and
if you try to enforce it, could result in a negative B.

>However, think about this:  If a software companiy sells package "A" @ $495,
>and the package is pirated a hundred times, that's already a $49,500 loss for
>the company.  Compound over time to a year or two (let's say that the package
>is pirated four hundred times, one hundred for every business quarter) the loss
>becomes $198,000.  That's quite a chunk.  Some software companies need that
>money.  They could advertise more, hire moer emplotyees to help their
>customers, etc.

If it's legal protection you want, then the copyright law has it.  Shrink-
wrap licenses have done very little (if anything) to stop pirating that
is not covered under copyright protection already.

>I'm am all for a new system, if you like.  Givbe me the system, the numbers,
>the cost, the employees it will require, the machines, the advertising costs,
>the insurance costs, the lawyer fees, etc., and then put those figures against
>the time it will take to implement the system, make it work for the company and
>the user, and show me that it will keep the profit margins at the highest level
>possible.  I'll be the first one to implement it.

Well, you can probably save on packaging costs by leaving out those
expensive shrinkwrap seals and you'll have the same amount of protection
and will probably not be likely to take on the costs of a shrinkwrap
litigation case.

-Owen



Newsgroups: comp.sys.mac
Subject: Re: software piracy
Summary: 
Expires: 
References: <9446@hubcap.clemson.edu> <43793@brunix.UUCP> <9658.26861a4c@amherst.bitnet> <1990Jun26.161427.3417@Neon.Stanford.EDU> <9665.2687d72d@amherst.bitnet>
Sender: 
Reply-To: omh@cs.brown.edu (Owen M. Hartnett)
Followup-To: 
Distribution: 
Organization: Brown University Department of Computer Science
Keywords: 

Owen Hartnett				omh@cs.brown.edu.CSNET
Brown University Computer Science	omh@cs.brown.edu
					uunet!brunix!omh
"Don't wait up for me tonight because I won't be home for a month."

landman@hanami.Eng.Sun.COM (Howard A. Landman x61391) (06/30/90)

Since this newsgroup is going away soon, followups to comp.sys.mac.misc.

In article <42218@apple.Apple.COM> jordan@Apple.COM (Jordan Mattson) writes:
>  Seriously now, when are people going to learn that laws are - often - a
>codification of morality.  It is wrong to take things that do not belong to
>you --- that is why we have laws against it.

Unfortunately, laws are also - often - a codification of fear, jealousy,
bigotry, misinformation, hypocrisy, and the interests of those who have
large amounts of wealth and want more.  There is no necessary relationship
between what is moral and what is legal.

Personally, I will "learn that laws are ... a codification of morality" when
it's true.  No sooner.

Also, just as a mental exercise, you might try *proving* rigorously that
copying software is "taking" anything at all.  It's not all that easy!

Further, copyright and patent law is EXPLICITLY based on social good, NOT
on morality or individual rights.  The reason the state offers this protection
is to benefit society by encouraging the creation of new works and processes.
If someone came up with a better way to do that, all of today's protections
might be discarded.  So any argument against software piracy which is based
on copyright or patent law, should address issues of social good only and not
attempt to bludgeon people with specious moral rhetoric.

I don't approve of piracy, but it's sickening to see that computer
professionals can't even agree on basic facts.  How can we expect the rest
of society to understand?

A thought experiment: You invent an intelligent robot.  You would like to
educate it.  However, under current copyright law, your robot is forbidden
to:
	- Read books, magazines, or newspapers
	- Watch movies or television
	- Look at a computer screen with a protected interface
	- Examine the source or binary code of copyrighted programs
	- View most works of art
	- Access most online computerized databases

and so on.  Why?  Because the robot makes copies of all these things in its
memory banks when perceiving them.  Now explain to the robot why depriving it
in this way is fair, moral, and of benefit to society.

--
	Howard A. Landman
	landman@eng.sun.com -or- sun!landman

amherasimchu@amherst.bitnet (06/30/90)

In article <26575@netnews.upenn.edu>, binder@eniac.seas.upenn.edu (Tim Binder) writes:
>>The next time you go see a movie, and you don't like it, go to the register and
>>demand your money back.
> 
> The next time I go to a movie advertising Michael J. Fox and Christopher
> Lloyd as stars, which doesn't actually contain them, I will ask for my money
> back. AND I will get it.

Just as I am sure that the next time you purchase Microsoft Word and inside
the box is actually Microsoft Excel, then I'm sure you'll get your money
back.

> The problem here is that software companies have gone to the extreme, with
> disclaimers that basically say "This software is not guaranteed to do
> anything, including that which we advertised it would." This is too much.
> I understand companies trying to protect themselves
> 
> [more deletions...]
>>
>>However, think about this:  If a software companiy sells package "A" @ $495,
>>and the package is pirated a hundred times, that's already a $49,500 loss for
>>the company.  Compound over time to a year or two (let's say that the package
>>is pirated four hundred times, one hundred for every business quarter) the loss
>>becomes $198,000.  That's quite a chunk.  Some software companies need that
>>money.  They could advertise more, hire moer emplotyees to help their
>>customers, etc.
> 
> I am getting really tired of this fallacy that piracy causes actual
> financial LOSSES to a company. Taking some figures, strictly for example,
> since I do not know actual sales figures for any particular product:
> 
> Say 2,000 copies of the package above are sold, and the package cost 
> $500,000 to develop, including all costs. My accounting makes this
> 
> 	2,000 x $495		$990,000
> 	development costs	-500,000
> 				---------
> 	net profit		$490,000
> 
> Now, using the above logic, another 2,000 copies are pirated:
> 
> 	-2,000 x $495		-990,000
> 				--------
> 			       ($500,000) loss
> 
> Which says to me the company lost $0.5 million in the sales period we are
> looking at. Any accountant will tell you they made almost $0.5 million, not
> lost it.
> 
> YES, the company probably DID suffer from decreased revenues due to piracy,
> but it did not "lose" money.
 
Any potential profit that does not enter our company account is lost money.
Any money that goes into our competitor's account is lost money.  On the books,
it is not a negative figure, agreed.  But when you think like that, you are 
striving for a status quo company.  

And as to your figures, please include advertising costs, for whatever
publications you choose, as well as an advertising schedule and budget.  Also
include salaries for Tech Support staff as well as managerial staff.  Then 
include salaries for accountants and lawyers.  Then include rent, phone bills,
electric, office supplies and materials costs.  On top of that include
insurance costs, stolen property, fire, act of God.  Then also include
traveling expenses to give demos to users groups and corporation...

Okay.  I'll stop.  I don't want to get into a detailed debate over this.  You
can say whatever you like.  (And I understand you are not condoning software
piracy.)  We, the software companies have to do something about these issues.
I'm looking for reasonable solutions.  Honestly.  I'm not hearing any with any
substance yet.

Most software companies are lucky if they sell 2,000 copies.  Tech support
kills about 70% of all new start-up software companies.  Advertising kills the
other.  We all cannot make the PageMakers and Words of the world, and trying to
reinvent the wheel is a bold a courageous attempt.  I applaud companies like
Quark who challenge and gain ground.

So look, here's an idea I had today while thinking it over.  We include a
liscene agrrement in the software package, let's say the first page of the
manual.  There is no seal "to be broken" on the diskettes.  On the registration
card, however, where you would sign to return to us it would say:  I have read
the Liscense Agreement, and understand the terms of the agreement. [Then some
more text essentially saying that by signing the reg card, you have agreed to
the terms and will adhere to them.]

That should cut out any legal ground.  You have then signed a contract.  If you
don't like the terms, don't sign the card, recieve no tech support or info on
bugs and upgrades and no monthly newsletter.  You are high and dry as far as
the company who manufactuers the prodcut is concerned.

> Please note that I am not trying to condone piracy; it's just that seeing
> faulty logic destroy a good cause (reducing piracy), I could not let this
> continue without comment.
> 
> Tim Binder

The faulty logic is a matter of perspective, I think.  Mine comes from creating
a profitable company.  Profit loss in my book does not constitue a profitable
company.

________________________
Andrei Herasimchuk			Disclaimer:
Marketing Director			These are my opinions.  Please
Specular Int'l				don't repeat them to my boss
					'cause he hears them everyday already!
bitnet: amherasimchu@amherst
snail: P.O. Box 888, Amherst, MA  01004-0888
	413.256.3166

amherasimchu@amherst.bitnet (06/30/90)

In article <44174@brunix.UUCP>, omh@cs.brown.edu (Owen M. Hartnett) writes:
> We know what you're writing in these license agreements, what we're saying
> is
> that they're *not valid*.  No shrinkwrap agreement has ever been tested
> in court and a company would be committing fiscal suicide to rely on one.
> I'm not saying that people should go out and copy your software, I'm saying
> that there is *no* contract between two parties.  Suppose your license
> agreement said that if I broke the seal, title to my house passes to you.
> If I break the seal, do you own my house?  A company could put any wording
> it likes in this so-called agreement, and, according to you, it would be
> valid.  How about if the seal arrives broken in transit?  or missing?
> How could you prove someone broke the seal?  Is there no agreement if the
> seal is intact but the envelope with the disks has been slit open at the
> bottom?  Sorry, but I'm a software developer, too, with products on the
> open market, and I don't believe any of these shrinkwrap agreements
> are going to pass muster.

Understood.  I have posted a suggestion to that in a followup.  (Which happens
to be *before* this post.)

>>Let me throw this at you:  I can see your argument against liscense agreements. 
>>If you have a system that will work for *all* companies to A) Protect their
>>software from piracy, B) Keep their profit margins in the positive, C) Protect
>>the users from poor software, but also from deceiving companies, and D) Is
>>simple, clean and efficient, then I'd be more than willing to try it.
> 
> I don't think that your license agreement will accomplish A,B,C or D, and
> if you try to enforce it, could result in a negative B.

Owen, I said I understood.  I asked for a system, not an evaluation you already
covered. I was sincerely asking for a better system.  That was not a sarcastic
remark.

>>I'm am all for a new system, if you like.  Givbe me the system, the numbers,
>>the cost, the employees it will require, the machines, the advertising costs,
>>the insurance costs, the lawyer fees, etc., and then put those figures against
>>the time it will take to implement the system, make it work for the company and
>>the user, and show me that it will keep the profit margins at the highest level
>>possible.  I'll be the first one to implement it.
> 
> Well, you can probably save on packaging costs by leaving out those
> expensive shrinkwrap seals and you'll have the same amount of protection
> and will probably not be likely to take on the costs of a shrinkwrap
> litigation case.

Packaging costs are figured into the pricing strategy of the package.  That's an
extremely minor figure.  It amounts to money that the company isn't even
spending, so it doesn't even scratch the surface of the problem.
  
> -Owen

________________________
Andrei Herasimchuk			Disclaimer:
Marketing Director			These are my opinions.  Please
Specular Int'l				don't repeat them to my boss
					'cause he hears them everyday already!
bitnet: amherasimchu@amherst
snail: P.O. Box 888, Amherst, MA  01004-0888
	413.256.3166

jtn@potomac.ads.com (John T. Nelson) (07/02/90)

>Basing your argument on property ownership is weak; first you
>have to convince me that when I spend $250 for Word, or
>Persuasion, etc., that it does not then become my property,
>license agreements notwithstanding.  I understand that the
>companies claim that it is not my property; but in every other
>sense the stuff belongs to me:

The singal instantiation of that software is your property to do with
as you wish, however since you own only that particular instantiation
you are not allowed to transfer copies of it to anyone else.

And since it is a licence you have purchased, I guess one could argue
that you only possess the right to use the software but still do not
own it.  If I go out and buy a collection of Beatles tunes on sheet
music, I own only the paper that the music is printed on and the use
of the music however I clearly cannot sell or claim ownership over the
music itself.

>if you steal it, I am the victim of theft, not the company

If someone steals your copy of Microsoft Word then you could
legitimetly claim that someone stole *your* single copy of Word and
thus are deprived of the use of it.  You are not entitled to
reimbursment for the entire development and marketing costs for
Microsoft Word in total.

>if it is destroyed, my insurance considers it my property

>if I die, it is part of my estate

Only that one copy.

>Having bought the software, why (from the propertarian
>viewpoint) should I not be free to do whatever i want with it,
>including making copies?

Easy question.  Since the pattern of bits is what you have purchased
and the creation of that particular pattern is a process which is
patented by Microsoft (for example) you cannot "make a copy" without
infringing on *their* property.  Property in music and software is
different from tangible property like hammers and nails.

The abstraction itself (not the physical medium) is the property.



-- 

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
ORGANIZATION:  Advanced Decision Systems   GEOGRAPHIC: Arlington, VA
UUCP:          kzin!speaker@mimsy.umd.edu  INTERNET:   jtn@potomac.ads.com
SPOKEN:        Yo... John!                 PHONE:      (703) 243-1611
PROJECT:       The Conrail Locomotive/Harpsichord Fusion Program
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

russotto@eng.umd.edu (Matthew T. Russotto) (07/03/90)

In article <8879@potomac.ads.com> jtn@potomac.UUCP (John T. Nelson) writes:
>
>Easy question.  Since the pattern of bits is what you have purchased
>and the creation of that particular pattern is a process which is
>patented by Microsoft (for example) you cannot "make a copy" without
>infringing on *their* property.  Property in music and software is
>different from tangible property like hammers and nails.

There is no patent on software.  The Copyright Act permits a user to make
copies both as necessary to run (i.e. the copying of the software from
disk to memory) and for archival purposes.  The 'shrink wrap' licenses
which attempt to restrict both are what is being complained about.
--
Matthew T. Russotto	russotto@eng.umd.edu	russotto@wam.umd.edu
][, ][+, ///, ///+, //e, //c, IIGS, //c+ --- Any questions?
		Hey!  Bush has NO LIPS!

kdb@macaw.intercon.com (Kurt Baumann) (07/03/90)

In article <1990Jul2.175034.29488@eng.umd.edu>, russotto@eng.umd.edu (Matthew
T. Russotto) writes:
> There is no patent on software.

Not true.  There are patents on software.  Apple, AT&T, amoung others hold
patents on particular bits of software.

I don't know what if any patents are held by MicroSoft, but it is possible
to patent software under certain circumstances.  Perhaps a legal type would
like to clarify?

--

landman@hanami.Eng.Sun.COM (Howard A. Landman x61391) (07/03/90)

I wrote:
>>Obviously, Dane has never been to Taiwan ... a friend of mine

In article <37266@ucbvax.BERKELEY.EDU> thom@dewey.soe.berkeley.edu.UUCP (Thom Gillespie) writes:
>Oh great another one of these 'a friend of a friend' story. Nothing like fact
>in a serious discussion -- maybe a little racism too Howard?? Hmm?

Gee, dewey.soe.berkeley.edu used to be such a friendly machine, too.  *Sigh*

Thom, your posting had no almost content other than slander, innuendo, and the
expression of your own naivete.  It's one thing to ask for substantiation of a
story.  It's quite another to call someone maybe a racist because they tell you
something negative about a foreign country that you have trouble believing.  It
is you who are making unsubstantiated allegations, not I.

The friend's name is Alan Scarff, and his program was BPS-IGO.  The story was
corroborated by another friend who accompanied him on said search.  In fact,
I think a version of the story may have been published in Computer Go.  I have
been to Taiwan and seen some evidence of the conditions to which I allude.  I
posted the story because it was humorous and illustrated the utter disdain for
software copyright that is widespread in some sectors of the Taiwanese economy
(and other parts of the world), and because I thought it was important to
understand that in the context of the ongoing piracy discussion.

Now, what's YOUR basis for discussing software piracy in Taiwan?

I'm probably not qualified to judge my own racism (but then neither are you!).
You should ask my many Chinese colleagues and Go friends about that, or maybe
my Tai Chi teacher. :-)

--
	Howard A. Landman
	landman@eng.sun.com -or- sun!landman

gerhard@cs.arizona.edu (Gerhard Mehldau) (07/03/90)

In article <268FB564.638E@intercon.com>, kdb@macaw.intercon.com (Kurt Baumann) writes:
> Not true.  There are patents on software.  Apple, AT&T, amoung others hold
> patents on particular bits of software.
> 
> I don't know what if any patents are held by MicroSoft, but it is possible
> to patent software under certain circumstances.  Perhaps a legal type would
> like to clarify?



  I'm not a legal type, but I do recall an article by Paul Goodman (?)
in the most recent APDAlog (Summer 90), which covers this subject, and
it states that software *is* patentable under certain circumstances.

  For more details, see the article itself.

- Gerhard



-- 
-> Gerhard Mehldau
   Dept. of Computer Science	internet: gerhard@cs.arizona.edu
   University of Arizona	uucp:     {cmcl2,noao,uunet}!arizona!gerhard
   Tucson, AZ 85721, U.S.A.	at&t:     +1 (602) 621-4632

briand@tekig5.PEN.TEK.COM (Brian D Diehm) (07/03/90)

>In article <8879@potomac.ads.com> jtn@potomac.UUCP (John T. Nelson) writes:
>
>There is no patent on software.

Wrong.

-- 
-Brian Diehm
Tektronix, Inc.                (503) 627-3437         briand@tekig5.PEN.TEK.COM
P.O. Box 500, M/S 47-780
Beaverton, OR   97077                        (SDA - Standard Disclaimers Apply)

landman@hanami.Eng.Sun.COM (Howard A. Landman x61391) (07/05/90)

In article <8879@potomac.ads.com> jtn@potomac.UUCP (John T. Nelson) writes:
>Since the pattern of bits is what you have purchased
>and the creation of that particular pattern is a process which is
>patented by Microsoft (for example) you cannot "make a copy" without
>infringing on *their* property.

False.  It is well established that users have a right to make backup copies
of their programs EVEN WHEN THOSE PROGRAMS ARE COPY PROTECTED AND IT REQUIRES
BREAKING THE COPY PROTECTION TO DO SO.  Any provision of a license agreement
which pretends to deny you this right is null and void.  (This is one reason
why most license agreements specify that their clauses are "separable", i.e.,
that voiding one clause doesn't void the whole agreement.  They KNOW that
some of the clauses are "mere cant". :-)

--
	Howard A. Landman
	landman@eng.sun.com -or- sun!landman