• On GameSpot: Next-gen DS, Xbox tech contracts set?
April 13, 2009 9:03 AM PDT

BSA equates software pirates to Somali pirates

by Gordon Haff
  • Font size
  • Print
  • 35 comments

Some pieces essentially write themselves. This is one of them.

I received the following e-mail this morning with the subject "BSA  Launches Faces of Piracy Campaign." It came from the Fd.com domain, which I assume is the Business Software Alliance's public relations firm for this campaign.

We've all been following the events of the past week of the pirates off the Horn of Africa. Piracy takes many forms, some more violent than others. I wanted to let you know that the Business Software Alliance is launching a new campaign today "Faces of Internet Piracy" that shows the real-life impact of software piracy--from hundreds of thousands of dollars in fines to jail time. Click on the picture below to learn more about the campaign...let me know if you're interested in writing about this.

Whatever you may think of the BSA and its tactics in general, this has got to be one of the most tone-deaf and cynically opportunistic PR pitches I've seen for quite some time.

It's one thing to figuratively equate piracy with making digital copies of software, music, movies, or books. We can debate endlessly whether such actions are truly stealing or not. But that's not the point.

It's that to literally and deliberately equate the two in the wake of pirates taking a ship's crew hostage and the US Navy subsequently killing three of the attackers...Well, words fail me.

Gordon Haff is a principal IT adviser at Illuminata and has more than 20 years of IT industry experience. He writes about what's happening with enterprise servers and data centers, "Yotta-scale" computing, and related software and device trends as part of the CNET Blog Network. Disclosure.
Recent posts from The Pervasive Data Center
The new optimizations for capability computing
Observations from an EMC analyst day
VMware elevates its desktop virtualization view
Intel's James Reinders on parallelism - Part 2
Intel's James Reinders on parallelism: Part 1
Red Hat debuts virtualization management
3Leaf's modern take on NUMA
Cloud computing's dual identity
Add a Comment (Log in or register) (35 Comments)
  • prev
  • 1
  • next
by CatherineHelzerman April 13, 2009 9:43 AM PDT
Oh... so, when I downloaded that copy of Wolverine it actually wasn't as bad as killing someone? Phew! Good to know. That press release had me worried. (Legal disclaimer: Catherine has not admitted downloading illegal copies of copyrighted material. This post was made for sarcastic purposes only and should not be interpreted as an admission of guilt.)
Reply to this comment
by Renegade Knight April 13, 2009 9:59 AM PDT
You have it all wrong. When they freed your "Wolverine" hostage the BSA would have felt it ok if you and your Pirate companies were killed in action because you were the same as those other pirates. Not that you have admitted any guilt or wrongdoing (just like those other dead pirates amazingly).
by thomasbrenneke April 13, 2009 9:45 AM PDT
Gross.
Reply to this comment
by MadLyb April 13, 2009 10:09 AM PDT
Okay, we already knew that BSA was only a little better than the RIAA/MPAA crews, at least they didn't sue kids and grandparents. But, this action ended that distinction.

This was completely inappropriate on their part and an affront to the captain, crew and their families of the Mersk Alabama.
Reply to this comment
by Dalkorian April 13, 2009 3:56 PM PDT
Agreed.

Hey, some good news ... I heard in the news this morning that we got Captain Phillips back!
by moil4gold49 April 14, 2009 10:27 AM PDT
The Maersk Alabama crew are the lucky ones. More importantly, the BSA's campaign is an affront to the sailors and families of all victims of violent piracy, and in particular the some 200 still kidnapped and in pirate custody in Somalia.

Making digital copies of software does not put sailors in danger of death, does not steal ships from companies holding them ransom for millions, but in fact DOES increase the net value of that software on the market. Ex: people who used pirate copies of Office for years lent their weight to the momentum that made MS Office the de facto standard for office document formats. The copiers actually made ME more likely to pay MSFT's ridiculous prices!

Digital copies are not theft. They are infringement. Piracy is worse than theft because it involves kidnap or murder and depriving original owners of their property; copies are less of a violation than theft because nothing is actually taken.
by kmadamba April 13, 2009 10:23 AM PDT
Dude, get a life. You?re blowing this whole thing out of proportion.
Reply to this comment
by CatherineHelzerman April 13, 2009 10:40 AM PDT
How is he blowing it out of proportion? He's not ranting or calling on people to be fired or anything ridiculous. BSA sent him the materials. They sought him out. Every PR person knows that there is a risk that press releases will not be received warmly. This release was the pits and he was right to call it out. And as far as 'getting a life' -Dude, the guy is doing his job. He's writing about things happening in the industry and a large organization f'ing up like this is interesting.
by Catalina588 April 13, 2009 10:46 AM PDT
Gordon, ignore the distracting comments. The press release and timing defy common sense. Catherine is spot on.
Reply to this comment
by Get_Bent April 13, 2009 10:49 AM PDT
Next PR release from the BSA: Snipers to shoot anyone found in the process of illegally copying software.
Reply to this comment
by TX-Sunset April 13, 2009 10:54 AM PDT
Yea, let's compare people that kill, murder and rape to people that download digital code. Faces of Piracy should show all the people that are hurt, injured and killed by downloading illegal software...wait...that would be no one. The BSA is a joke that went too far. A couple of guys that wanted to get a paycheck for doing nothing but promoting tattletales. Didn't we all learn in kndergarten that being a tattletale was bad?.
Reply to this comment
by jachamp April 13, 2009 10:59 AM PDT
this is like equating archie bunker with the nazi party. the nazi's would kill while archie would only aggrevate you.

the bsa is a joke. their members would be better served saving their cash and not hiring some whack job company to try to protect their profits. the bsa is more like the somali pirates than anyone else.

they want to enrich themselves by doing nothing except nitpicking the record keeping of innoncent people.

the bsa backs the notion that a company, like adobe, can take a fairly priced product like dreamweaver or photoshop, make few substantial changes to it, and then charge 2-3 times more for it and give the end-user no other option except to either pirate it or do without.

i wonder how many more sales adobe would have on that product if they were to simply change 50% less for the software they purchased from macromedia versus how few they have now?
Reply to this comment
by JasonCe April 13, 2009 11:02 AM PDT
"... making digital copies of software, music, movies, or books. We can debate endlessly whether such actions are truly stealing or not."

What do you mean "we can debate"? What is there to debate? Making copies of copyrighted material is obviously stealing. Creators of these product spend their time, money and effort to get them to market. Copying a book or software without its creators consent is no different than stealing a car. The value is the intellectual property here. Just because you CAN make digital copies of a product does not mean it is OK to DO so.

Articles like these make stealing seem like "OK" in the eyes of the general public. IT IS NOT! Piracy is piracy. Music/Book/Software/Movies is piracy. If you steal, you are a thief.
Reply to this comment
by ghaff April 13, 2009 1:19 PM PDT
People can and do debate the ethics of making digital copies of software, music, etc. and many people feel there are important differences between downloading an MP3 file and shoplifting a CD from the record store at the mall. Not all violations of laws and contracts are equal and that was what I meant by that sentence--which is separate from my basic point anyway.
by Dalkorian April 13, 2009 4:08 PM PDT
by JasonCe April 13, 2009 11:02 AM PDT
Making copies of copyrighted material is obviously stealing.

-------------------------------------------------------------------------

Then what does "copyright infringement" mean?
by moil4gold49 April 14, 2009 10:47 AM PDT
"is no different than stealing a car"

Well. You're wrong. Stealing a car involves a violation of someone's private property. There is a sense of invasion, of a lack of being able to protect one's self, one's stuff, and one's kin. Victims are then deprived of the car themselves forever. They will need to pay $$ out-or-pocket to replace the car. Pretty serious stuff.

A single person copying a song or book for their use does not deprive the owner of their property. It iis only an act of copying something that the artist deliberately published to the world themselves - but they put it out there with conditions. Only those conditions were violated. Nothing is taken. The artist can still pursue any sales they can achieve. The artist is not out of pocket to replace the asset. The private space of the artist was not violated.

A "pirate" that copies the artwork for the purpose of resale IS taking away the ability of the artist to sell their work, so this is a crime for which there are remedies on the books. Even this is not like stealing a car, since the artist has not lost existing property, but loses some potential to earn future revenues. Yes, this is bad, but it's not Grand Theft Auto bad. And I think the thread is discussing the personal copy type of copying, since the BSA pursues individuals who use unlicensed software with site audits.

So, yeah, I suppose weI COULD debate this. But just barely. Your "stealing a car" analogy is so blatently false that it scarecely provides fodder for debate. If we did debate, you would lose, but not realize it. Which has most likely happened here.
by dsbruce April 15, 2009 10:32 AM PDT
No, copying is not stealing. When you steal a car, the owner loses their car. When you make an illegal copy, you haven't deprived the "owner" of anything. They are both illegal, and both may be wrong, but they are two different things.

Is unauthorized copying illegal? Sure, no "debate" there.
Is unauthorized copying wrong (or *should* it be illegal)? That's what we can legitimately debate, and many but not all people would answer "yes".
Is unauthorized copying stealing? Not at all - two entirely different concepts. If you intentionally blur these distinctions by calling copying "stealing" or "piracy", you are diverting the argument from the actual matter at hand.
by dsbruce April 15, 2009 10:44 AM PDT
"I dare you to spend months/years of your life writing a book, composing a song or developing software, only to see it being stolen by others, and you getting no return on your hard work. Then come back here and tell us again that "copying a digital product is not theft". "

I do that all the time - it is called free/open source software development. We *want* everyone to use our work.

I think the real crime is artificial scarcity. We now have the ability for everyone on the planet to have free access to all of the world's important literature, music, and knowledge (and software is a subset of knowledge). Remember that the purpose of copyright is not to ensure profits for authors - it is to encourage creation of new works on the condition that they eventually reach the public domain.

David
by professionaladventurer April 13, 2009 11:19 AM PDT
Piracy is: "a war-like act committed by a nonstate actor, especially robbery or criminal violence committed at sea"

Where as "theft is the illegal taking of another person's property without that person's freely-given consent."

Now I submit the question; which of the above terms best describes the act of copying a digital product?
Reply to this comment
by JasonCe April 13, 2009 11:40 AM PDT
A digital product IS "another person's property". By copying a copyrighted digital product, you are taking it illegally without that person's (or entity's, company's, ...) freely-given consent. Hence, it is theft.

When the term "piracy" is used in the context of digital products, obviously it is not about "violence committed at sea". This is an analogy. The point is you are taking somebody else's property without their consent. This is theft. As simple as that.

I dare you to spend months/years of your life writing a book, composing a song or developing software, only to see it being stolen by others, and you getting no return on your hard work. Then come back here and tell us again that "copying a digital product is not theft".
by jnork April 13, 2009 1:04 PM PDT
@JasonCe:

"Then come back here and tell us again that 'copying a digital product is not theft'."

Excuse me, did you actually read what he wrote? Because I can't see anywhere he said that. I saw him ask which term was more appropriate.

Straw-man argument. Put words into his mouth and then yell at him.

You know, this article isn't about what you're getting upset about. If you want to push your agenda, why not do it after an article where it's actually on-topic?
by Dalkorian April 13, 2009 4:13 PM PDT
I had to laugh at your comment jnork. You're telling someone who doesn't understand the definitions of the words he's using to find an article where his comments are in context? LOL!

Might as well ask a newborn to do calculus for you ...
by Pishkado April 13, 2009 12:39 PM PDT
BSA has always been over the top, beginning with their absurd position that all the bootleg software in the world would, if not stolen, have been purchased at full retail list price. However, this takes the cake. If they have no sense of proportion, can't they at least have some sense of decency?
Reply to this comment
by umbrae April 13, 2009 12:57 PM PDT
Obviously, the BSA spends as little money understanding their "adversaries" as they do their customers.
Reply to this comment
by pithenumber April 13, 2009 12:58 PM PDT
copyright infringement != piracy!
its bad, but its not piracy
Reply to this comment
by CatherineHelzerman April 13, 2009 1:13 PM PDT
@JasonCe

"Then come back here and tell us again that 'copying a digital product is not theft'."

He did not say copying digital product was not theft; he said it was not piracy. If you doubt that, try joining up with a bunch of pirates and see if your skills at downloading the latest version of World of Warcraft qualifies you to square off against a Navy SEAL armed with an AK-47.
Reply to this comment
by ghaff April 13, 2009 1:24 PM PDT
Hi Catherine,

To be just a little more precise about exactly what I was trying to say. I'm not, in fact, especially bothered by the use of "piracy" in the general, metaphorical sense to mean copying MP3's or software. Clearly even some of the practitioners and facilitators of such activities don't mind it. However, to very directly and unambiguously draw an explicit connection to real, modern day pirates is just ick. (And to the degree that real pirates are more in the news, RIAA/MPAA/BSA/etc. may be advised to lay off the pirates terminology in the general case as well.)
by CatherineHelzerman April 13, 2009 2:01 PM PDT
Gordon... I know, but I can't resist being snarky. :-)
by gggg sssss April 13, 2009 3:29 PM PDT
next thing you know the BSA will say software borrowing / sharing / liberating is like the Holocost.
Reply to this comment
by daleatbsa April 13, 2009 4:37 PM PDT
Gordon and all: The commenters who suggest you are blowing this out of proportion are right. BSA is not ?equating? or even ?comparing? software piracy to what is happening off the coast of Somalia. Our pitch to reporters specifically said, ?Piracy takes many forms,? and here is one form that bears more attention. Downloading or purchasing software from unauthorized sources is not an abstract problem; it creates real risks for consumers and for those trying to make an illegal profit. For consumers, the risks include (at best) not receiving what one paid for or (at worst) infecting one?s computer with malware. For the five pirates featured in our videos, the risks included serious fines and prison sentences.
Reply to this comment
by gggg sssss April 13, 2009 5:24 PM PDT
Now I have heard it all. Protecting the consumer? Give me a break. This is a vendor driven bunch of getsapo like enforcers. Mall cops if you will. Not an invalid concept, but a group that are way too full of themselves.When wndows on a Dell adds $20.00, then that is the market value being pirated, not the inflated amounts the BSA wants people charged with. The BSA are a bit like pirates themselves. And teh RIAA and teh MPAA as well. And our governemnet goes along with them.
by colamix April 13, 2009 8:30 PM PDT
daleatbsa wrote: "For consumers, the risks include (at best) not receiving what one paid for or (at worst) infecting one's computer with malware."

Why, that's exactly what I got after purchasing Windows Vista. You people give new meaning to the term extremists.
by KayakFun April 14, 2009 4:26 AM PDT
A more appropriate comparison to show you the real pirates:

Buying a product from a BSA sponsor is like being held hostage in their propriatry file formats. If you want to be freed, the ransom is the migration cost.

Just like on the seas near Somalia, governments step in to cut off the pirates from this hostage practice. By demanding and dictating open file formats, the software license cost pirates are left empty-handed, and society prospers without the pirates' license and support fees.

Paying more than 20% for software assurance or support for a product that's not upgraded or improved is like paying to a neighborhood gang for 'protection', or indeed piracy.
Reply to this comment
by speed_baby April 14, 2009 1:51 PM PDT
I have your copy of Spore. If you want it back send me 3,000,000.00 dollars : )
Reply to this comment
by hello_kittyhawk April 15, 2009 12:06 AM PDT
T
he irony is that some so-called piracy from Somalia is actually nothing of the sort. The seas in question have been terribly overfished by westerners for decades, and huge amounts of deadly toxic wastes from as far as Europe are dumped there with devastating results.

Somalia has no effective government, and thus no Coast Guard, so eventually people there have ttied to take matters into their own hands - indeed, there are *also* real pirates due to the lawlessness consequent on no governing forces - yet the efforts towards self-protection have been totally hidden from public view by the shameful negligence of the media.

Perhaps there are parallels in regard to some of the issues of software piracy as well. I leave it to the more thoughtful and aware to spin this out further for yourselves ...
Reply to this comment
(35 Comments)
  • prev
  • 1
  • next
advertisement

The browser battles go on and on

roundup From Firefox to IE and from Chrome to Opera and Safari, there's no sitting still for browser makers looking to keep their products fresh and competitive.

3G wireless still holds promise

The next generation of 4G wireless may get all the headlines, but advanced 3G technology will likely dominate services for the next few years.

advertisement

About The Pervasive Data Center

This blog takes a deep (and often skeptical) look at trends big and small in the world of enterprise servers, data centers, and "Yotta-scale" computing. This means also taking into account the myriad of software, networks, and devices that are driving change in (or being driven by) these back-end systems. Stories posted to this blog may also appear on Illuminata's site.

Gordon Haff is a principal IT adviser for Illuminata of Nashua, N.H. Before becoming an IT industry analyst, Gordon held a variety of product-marketing positions at Data General, spanning more than a decade. He's programmed for DOS, Windows, and Linux; builds his own PCs; and holds engineering degrees from MIT and Dartmouth, with an MBA from Cornell. He is a member of the CNET Blog Network and is not an employee of CNET. Disclosure.

Add this feed to your online news reader

The Pervasive Data Center topics

advertisement
advertisement

Inside CNET News

Scroll Left Scroll Right