Tag Archives: piracy

The ethics of pirating ebooks

Via Ars Technica, here’s a New York Times columnist reframing the pirated-ebooks debate as an ethical issue rather than a legal one, in response to a question asking whether it was wrong to download a pirated ebook version of a book already owned in hardcopy. His answer: it’s not legal, but it could be arged to be perfectly ethical. Although that ethical assessment rather hinges on one’s perspective:

Unsurprisingly, many in the book business take a harder line. My friend Jamie Raab, the publisher of Grand Central Publishing and an executive vice president of the Hachette Book Group, says: “Anyone who downloads a pirated e-book has, in effect, stolen the intellectual property of an author and publisher. To condone this is to condone theft.”

Yet it is a curious sort of theft that involves actually paying for a book. Publishers do delay the release of e-books to encourage hardcover sales — a process called “windowing” — so it is difficult to see you as piratical for actually buying the book ($35 list price, $20 from Amazon) rather than waiting for the $9.99 Kindle edition.

I tuned out a lot of the fine-detail wrangling over the Amazon/Macmillan debacle and the events that followed in its wake (simply because I didn’t have the spare time to read it all), so I’m unaware whether the notion of a blanket ownership license (e.g. where buying a hardcopy gives you rights to an electronic copy as well) was ever put forward.

It’s no cure for piracy, of course, but it’s an option that at least acknowledges some of the unaddressed issues currently surrounding content available in multiple formats. I’m somewhat heartened to see that the publishers are thinking hard about it, and publicly; hopefully, if they continue to avoid doing an ostrich impersonation, they won’t go the way of the record labels.

Further evidence that ebook piracy is a geek-o-sphere topic du jour: if Diesel Sweeties is satirising it, you know an issue has really arrived. 🙂

A dialogue with a book pirate

Nancy Kress was tipped off about a website offering unlicensed ebook versions of her novels, and decided to get in touch with the person in charge. It’s an interesting insight into the mindset of the ideologically-motivated (but nonetheless confused) content pirate:

… permit me to point out a fundamental error in your thinking:A text is not a physical object, so it cannot be stolen. Ownership of such an agglomeration of symbols (since ‘unity’ here is inapplicable) is an impossibility. The best you can do is _claim_ ownership – but anyone else can do that too. There is no legislation that can successfully govern the ether, thank heavens.I make my living, partly, as a librarian, but I don’t claim ownership of my catalogue. It is there – it exists, but it is not my property. If anything, it is everyone’s property – as are your texts.

Somehow the guy (I’m guessing it’s a guy, but I suppose it could be a a girl) has reinterpreted the economics of abundant digital goods via some sort of pseudo-mystical pantheistic gibberish, confusing the ownership of intangible goods with the right to be recognised as the creator of an original work (two very different things, in both philosophical and economic terms).

It’s almost as frustrating as hearing Creationists twisting the language of science to suit their own agenda… and just as corrosive to informed discussion of the real issues.

Amazon, ebooks and piracy – tipping points ahoy?

Sticking with the piracy theme for a moment (yeah, I know, so out of character, right?), here’s an article at TechRadar that features an interview with one George Walkley, head of digital developments for publishers Hachette UK, talking about ways in which the publishing industry has tried to learn from the spectacular blunders and ostrich impressions of the music recording industry – the issue of file format compatibility, for instance. [image by Eirik Newth]

Says Gary Marshall the journalist:

Digital downloads weren’t cheaper than CDs, and for now at least ebooks probably won’t be cheaper than print. That’s partly because most of the costs apply whether you publish a book on paper or on an iPhone, and it’s partly because of tax: “printed matter” books are zero rated for VAT, whereas electronic ones have to charge the full 17.5%.

It’s a weird anomaly, and if we were in the book business we’d be lobbying Alistair Darling like crazy to get electronic books treated the same as printed ones.

The challenge for publishing is to avoid being seen as greedy. In music, the debate quickly became characterised as The Man versus The Kids, where The Man was Bono, his celebrity mates and their filthy rich record companies.

In reality, most musicians are struggling to pay the rent, but that’s not what the average file sharer thinks.

This is very true… as is the article’s revelation that the book-buyer demographic and the music pirate demographic are very very different. But as a side note, I’d point out that almost all musicians (and, I suspect, the vast majority of novelists) have been struggling to pay the rent for decades, and that the exceptions to that norm – the Bonos and McCartneys and Rowlings of the world – have been enthroned on their disproportionate mountains of cash by the same business models that are now collapsing under the pressure of filesharing.

I’d even go so far as to say that the business models in question have gone some distance toward ensuring that the smaller names in music and writing can’t make a reasonable living wage at it; if there’s [x] amount of money sloshing round in the economy that people are willing to spend on entertainment, then the way that money is divided up between the entertainers is controlled by the distribution and publicity systems of the industries that publish them.

The utopian promise of The Long Tail is that the more obscure artists will have a better chance of being discovered by readers or listeners who will enjoy (and hence purchase) their work, while the megastars will wane to a more modest brightness as the monopoly control their publishers had over the formerly-limited channels of publicity and sales frontage is eroded. Whether that utopia arrives or not remains to be seen; personally, I think we’re headed in that direction, but it will take hard work from the publishers to avoid creating the black-market demand that buried the big record labels. I want to see the artists I enjoy get paid, and I’m happy to pay them… but the price has to be right, as does the share that goes to the creator. Walkley is wise to this, it seems:

“Copyright infringement cannot be prevented altogether, only reduced,” he says. Speaking personally, he says he’d like to see action against the most egregious offenders – but he also says that the key is to give consumers what they want.

“One of the most important things we can do is to make the purchase of legitimate ebooks as easy and as convenient as possible and produce a broad range of titles in digital formats,” Walkley says. It’s a lesson that took the music industry more than a decade to learn.

Amen. And right on the tail of that article comes an announcement from Amazon, wherein they try to sweeten the deal on Kindle-based ebook pricing for publishers:

Amazon.com […] today announced details of a new program that will enable authors and publishers who use the Kindle Digital Text Platform (DTP) to earn a larger share of revenue from each Kindle book they sell. For each Kindle book sold, authors and publishers who choose the new 70 percent royalty option will receive 70 percent of list price, net of delivery costs. This new option will be in addition to and will not replace the existing DTP standard royalty option. This new 70 percent royalty option will become available on June 30, 2010.

Delivery costs will be based on file size and pricing will be $0.15/MB. At today’s median DTP file size of 368KB, delivery costs would be less than $0.06 per unit sold. This new program can thus enable authors and publishers to make more money on every sale. For example, on an $8.99 book an author would make $3.15 with the standard option, and $6.25 with the new 70 percent option.

It’s a generous offer, but it looks to me like Amazon wants to be the iTunes of books – which is an understandable business goal, certainly, but hinges on locking publishers and consumers alike into one proprietary and intrinsically limited hardware platform. I suspect that once Steve Jobs has delivered his next sermon to the Fapple faithful, and the much-vaunted Tablet paves the way for cheaper and more open equivalent hardware, the range of affordable and open devices upon which ebooks can be read comfortably will mushroom.

Will the publishers be ready with the right formats at the right price? Will the book-buying demographic be more willing to compromise than the BitTorrent kids? I guess we’ll just have to wait and see.

[ Full disclosure: I have done freelance work for Hachette UK, and George Walkley is an acquaintance of mine. ]

The Product Bay – piracy goes 3D

Well, it was bound to happen – hell, Sven’s been writing columns that skirt around the idea for ages. Here’s the lowdown: 3D printing is maturing quickly, and 3D scanning isn’t far behind, meaning that material objects can be stored and transmitted as digital data. Digital data can be shared in many different ways, and – as the recording industry has learned the hard way – illicit filesharing is, for all intents and purposes, an unclosable Pandora’s box. So what’s to stop people trading, sharing and printing off copies of copyright-controlled objects – shoes, clothing, homeware, car parts, whatever?

The answer – nothing. Nothing at all. Welcome to The Product Bay:

RepRap and other 3D printers are the future. There’s no question about it. With the proud tradition from The Pirate Bay, we want to take all of this to the next level. TPB will be TPB, but for real life objects. For now, visit Thingiverse who already understands this.

We want you to download those new jeans.

We want you to share those new shoes.

It’s possible, let’s make it happen.

Granted, The Product Bay is just a one-page site with a provocative message, and I rather suspect it has been launched with the purpose of starting a conversation more than any real hope of kicking off the world’s first tracker site for digital files of real-world objects… but it’s also a harbinger of things to come, and the big-brand companies that aren’t scared by the idea should probably start planning for the worst. It’s not like there’s been no warning, after all. [via Fabbaloo]

Somalian pirate ‘stock exchange’

piratesThe Somalian tanker pirates are back in the news – apparently they’ve set up a sort of ‘stock exchange’ to handle the influx of business and investment opportunities and feed their ransom money back into the local area [via BoingBoing; image by bazylek100]

The gangs have made tens of millions of dollars from ransoms and a deployment by foreign navies in the area has only appeared to drive the attackers to hunt further from shore.

It is a lucrative business that has drawn financiers from the Somali diaspora and other nations — and now the gangs in Haradheere have set up an exchange to manage their investments.

One wealthy former pirate named Mohammed took Reuters around the small facility and said it had proved to be an important way for the pirates to win support from the local community for their operations, despite the dangers involved.

“Four months ago, during the monsoon rains, we decided to set up this stock exchange. We started with 15 ‘maritime companies’ and now we are hosting 72. Ten of them have so far been successful at hijacking,” Mohammed said.

First point I’d make is that this reads much like a press release – as if the Reuters guy went down, got a few quotes from the people involved (who were only too keen to put a gloss of success on the operation for the international media) and filed the copy. This is a story about bad guys, so if the bad guys want to appear like they’re really bad, why not quote ’em verbatim? I doubt things are running quite as smoothly as they’d like us to believe.

That said, the core of the story is eminently believable… and if the stuff I read in my old job as an employee of the Royal Naval Museum is to be believed, there’s considerable historical precedent. The buccaneers of the Caribbean had thriving dependent communities and investment programs, and operated with a similar degree of impunity at the peak of their powers, as did the Barbary corsairs. As the nation-state model of political power decays, I suspect we’re going to see more interstitial criminal communities arising to skim the cream from international trade – those tens of millions of dollars that the pirates are raking in aren’t comparable to the higher cost of sending navies out to stop them. Which in turn leaves the door open for the rise of mercenary navies to take on the work of protection…