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- ***************************************************
- *** Pirate Magazine Issue IV / File 2 of 10 ***
- *** Response to a U's Anti-Piracy Policy ***
- ***************************************************
-
-
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- The following response to a University anti-piracy announcement was downloaded
- from a midwest BBS. We reprint it without permission, and it is apparently a
- draft. We thought the comments were sufficiently interesting to pass on.
- ---------
-
-
- SOFTWARE PIRACY: AN ALTERNATIVE VIEW
-
- Jim Thomas and Gordon Meyer
- (February, 1990)
-
-
-
- %Jim Thomas is an associate professor in Sociology.
- Gordon Meyer received his M.S. in Sociology in
- 1989. They are currently researching the
- computer underground from which the data for this
- note are drawn.%
-
- ---------------
- Draft copy: Uploaded to PC-EXEC for comments. Not to
- be cited without permission
- ----------------
-
- The university policy against computer software piracy has been widely
- publicized, including in a recent issue of Computing News (December, 1989).
- There is no question that the university must protect itself against actions
- of the NIU community for which it could be held legally accountable.
- However, based on our current research of the "computer underground" and the
- activities of "phreaks, hackers, and pirates," we find no evidence to
- support the many value judgments offered in the rationale circulated by the
- university.
-
- Our intent here is neither to justify software piracy nor to challenge
- University policy. However, because the area of copyright and "computer
- abuse" law is so new, and because these laws tend to rely on media and other
- depictions of "computer underground" activity as criminally sanctionable, it
- is important to counter conceptions of underground activity that seem
- unsubstantiated by evidence.
-
- The university's normative justification of the University policy can be
- summarized in three broad principles:
-
- 1. Software piracy shows disrespect for the intellectual work and property
- of others and subverts the mission of higher education.
-
- 2. Software piracy deprives authors of a "fair return" for their work.
-
- 3. Software piracy is unethical.
-
- The data from our research do not support these judgments for several
- reasons.
-
- First, software pirates make a clear distinction between "pirates," persons
- who collect and share software as hobbyists akin to stamp collectors,
- and "bootleggers." Bootleggers are persons who distribute software for
- material gain. Pirates may copy and install programs, but generally their
- goal is to collect, and they derive satisfaction from running programs for
- which they have no need and that they will rarely, if ever, use.
-
- Second, software pirates, despite the claims of the SPA (Software Publishsers
- Association) report spending considerably more money purchasing software than
- the average user. Many of these purchases are for trading, and there is a
- strong ethos in the pirate world that if one uses a program, one purchases
- it. Reasons for purchasing include documents, information and discounts on
- updates, and online technical support. It is quite common for pirates to
- purchase programs identical to those they have already obtained.
-
- Third, the "no return" policy of most software merchandisers makes it
- difficult for potential buyers to assess the ability of a program to meet
- their needs or work adequately on their system. Piracy creates an informed
- public by assuring that programs are available for pretesting, by providing
- a pool of reasonably literate users to publicly discuss whether Word
- Perfect is better than XYwrite or WordStar, and to even offer
- technical assistance to those who have purchased a program. In this sense,
- the "unauthorized" copying of software can be seen as contributing to the
- university mission of expanding knowledge, of preventing exploitation of
- consumers through education, and above all, for expanding computer literacy
- by contributing to the free flow of information.
-
- Fourth, pirates spend a considerable sum on their hobby. One of the most
- active topics of discussion among pirates is that of the need to continually
- upgrade, the continual purchase of diskettes on which to store programs,
- and with the popularity of 9600 baud modems to invest between $600-900 for
- telecommunications hardware. Because most pirates exchange software across
- telephone lines, piracy has benefitted telephone companies because of the
- growth of Bulletin Board Systems (BBSs). Our data indicate that an average
- monthly phone bill of $200 or more is common, and active pirates easily
- double that cost.
-
- Fifth, there is simply no evidence to corroborate that piracy deprives
- authors of revenue. Our data suggest that pirates annually purchase no less
- than three times the 1.5 programs the SPA estimates for the "average" user.
- Further, few students or faculty could afford the price of Dbase 4 and
- other large programs, and few people could afford to spend several thousand
- dollars a year on computer games. Programs would simply remain unpurchased.
- However, piracy creates an interest, expands consumer literacy, and
- contributes to a "user culture" that benefits the industry as a whole. We
- suggest that without such a culture, there would be less interest in software
- and, consequently, less revenue for authors.
-
- Sixth, the claim that piracy is unethical is usually a glib one made without
- a strong rationale. Although we make no metaphysical claims here, we do
- suggest that piracy and current attempts to criminalize it are far to serious
- to be so glibly stigmatized, and the issues require far more research and
- debate.
-
- The rapid growth of computer and telecommunications technology brings with
- it new questions of the nature of "private property," free and open access to
- information and resources, and definitions of "authorship." Few among us
- condone any form of predatory behavior. However, we find equally disturbing
- the tendancy to perpetuate claims and definitions that should be brought into
- a public forum for debate rather than simply asserted from the position of
- authority that leads to criminalization.
-
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