The demographics of piracy, PCs and consoles

Game Companies think that by focusing their energies on consoles instead of PCs they’ll be making more secure profits from piracy. If only they understood their audience…

Rally in Stockholm, Sweden, in support of file...
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As TweakGuide’s examination of piracy continues, he takes a look at some of the numbers around file-sharing for each platform and find correlations from there. I will not attempt to dispute the numbers themselves, even though one can make some very valid criticisms about his methodologies which many went ahead and did here ((Simple Example: His number for downloads from Mininova is way, way off. This is the times a .torrent file has been downloaded, not the number of times the full, working game has been downloaded. Very often a particular torrent will not include a working copy, or its swarm will not be fast enough, or simply another torrent will look to be of higher quality. Add to that the file scrapping that Torrent search sites do with each other all the time, and you figure out that his numbers might easily be 1/10th of what he thinks they are. The Torrentfreak numbers are a far better indicator but of course, he interpreted them absolutely wrong.)). The reason there is no point is disputing the numbers is firstly because it’s the impression that game companies have of the numbers (and that would be similar to the author’s) and also because I’ll attempt to show that even when the numbers stand, it’s his analysis of what they mean that is flawed.

The reason for this is that TweakGuide does not seems to realize that the dynamics of the crowd of PC gaming are not the same as of consoles or how those dynamics change when these two overlap. Before one can analyze the situation, they need to recognise the difference in demographics between those two markets and how it affects puchasing behaviour and the rate of perceived piracy.

Here’s what we need to consider

PCs are proliferated all over the world

The fact of the matter is that not all the world has such a big middle and upper-middle class as the USA has, and this means a few things.

First there quite a lot of PCs that are capable of gaming but not purchased explicitly for this purpose. It’s quite often that a family will have a PC purchased for the use of everyone (business, online shopping, social networking, studies etc) which can then easily be turned into a gaming-capable machine by the simply addition of a decent graphic card. Since the need for such a PC can very often be necessary (say for business or school) it’s something prioritized over an explicitly gaming console, plus it’s not out of the budget of most families, even in developing nations ((This information shows that even in the poorer nations, 1 PC per 10 people is not uncommon. Thus Their middle class is very likely to own a gaming-capable PC)). This means that quite a few people who want to game have primarily access to a PC rather than a console.

However most of those people are not wealthy enough to purchase games to go with it. Especially teenagers which are on a limited budget but have an insatiable appetite for new games, not to mention for playing whatever their friends are, are left with the only option to pirate. Usually this is done locally and not via Downloads, although with the proliferation of high-bandwidth lines even in poorer nations, this is changing. Think of it like this, if you have a PC at home only and enough money to buy the latest-greatest game per month, would you give up all the other games? Even when salivating adverts about them are all around you?

That is exacerbated even more when we consider that nations outside the 1st world have far smaller incomes while the prices of games do not tend to drop accordingly. This forces gamers to turn even more starkly towards piracy as a means of getting their gaming fix. This is only to be expected as price is indeed the main reason most turning to file-sharing and not the infantile argument anti-piracy lobbyists use of “they are just immoral free riders”. This is the reason why piracy is largest in the more cash-strapped nations in general.

What I mean to show by all this is that the reasons PCs by far lead the numbers in piracy is because there’s far more PCs available in the poorer countries than consoles and because they are poorer and cannot afford the exorbitant prices of PC Games, they turn to piracy. Thus the numbers of downloads we see  are representative of the fact that people download all around the world and not just from the developed nations and primarily for the PC.

Consoles are primarily owned by those with spare income

While a PC is becoming more and more of a necessity in everyday life due to the increasing importance of online communication and services, consoles are instead becoming more and more of a luxury. It has always been the case that the console itself was cheap because it was making the money up via the license for the games sold but the recent consoles have not only steadily increased in price by themselves (to the point where you can get an OK gaming PC for a comparable price) but in order to take full advantage of their capabilities, you currently also need an HD TV, which relatively few can afford.

Originally things were different of course, when the first and second generation of consoles was coming out, PC were still quite expensive and not a lot of people had one at all. Thus to get a complete PC for gaming, including a monitor and peripherals could rise up to the thousands. A console OTOH required a few hundred in investment and you could plug it in your TV. It was a cheaper solution, especially in a time when piracy was not as easy or widespread. Roles now seem to have reversed somewhat, or at worst equalized. A Console along with peripherals and a few new games can easily take you to half a grand (and that’s by being generous and using current console prices), and if you include an HDTV in the mix, you quickly fly over a grand.

As weird as it may seem to those of you still living in a comfortable middle-class bubble, not many can afford this. An expenditure like this, can easily take up the whole recreation budget some have for the whole year. As a result, those who do get such setups, are also the ones who can afford to buy games legally just as well. And this shows in the rates of piracy of course.

Where Demographics collide

Of course, there’s a very big section of people who own both a gaming-capable PC and one or more consoles at the same time and here, the things get even more interesting.

Certainly someone who can afford two or more gaming stations has spare income to be buying games legally in the first place. Someone who gets a console is more than likely to get it as his “legal” and hassle-free gaming station since they also have the benefit that games just work out of the box and they don’t ever have to wonder about virii, serials and DRM, or their OS breaking. Of course the PC could still be used to be able to play those types of games that just don’t work that well on a console. If that person also happens to be a hardcore gamer who enjoys playing a lot of different games, it’s quite possible that he’ll reach time, if not money constraints at some point.

Now if that person is to pirate (To be able to play the game as a demo or simply to save money,) where do you think he would do it? Would he take his console to be chipped and risk getting discovered and losing access to many of the features of his console? (eg. multiplayer, warranty etc), or would he download the PC version which requires very little effort and risk to get working? I think we all know the answer to that. Thus, even though it’s the same person doing the pirating, and even though this piracy may eventually lead to a console sale (if he likes it enough to play it legally, or on a nice HD TV), the PC piracy gets inflated once more and talks about “economic loss” are once again brought up.

PC Gamers are more demanding

Finally one thing that deserves notice in order to understand why the PC Game piracy is higher is the increased  demands of the users of this platform. You see PC gaming had always different and more open standards than console gaming and this grew out of the nature of each platform. Consoles, from the begging have been extremely locked-down and locked-in, even to the point of special custom cartidges incompatible with anything else, modifications to the games adding extra value where practically impossible to make or distribute and in general user freedom was curtailed. This was counterbalanced with hassle-free gaming, low learning curves and initial low costs (i.e. if one does not take into account the increased costs of games.) As such, they tended to attract the kind of user who would be quite willing to sacrifice freedom for convenience. “I know my machine could do so much more, but I don’t personally care for them so I won’t demand it.”

On the other hand, The hackable nature of the PC allowed customization and expansion of games and empowered users to add extra value, far beyond the original. Furthermore, because PC multiplayer was inherently tied to the rise of the internet (as opposed to the living room split-screen in the case of consoles) it also inherited many of the aspects of the distributed, decentralized and free nature of the net. Thus individual servers for FPS, planets, modding communities, balance patches, and of course the more novel, demanding and complex games. All of this meant that the PC gamer had and still generally has quite high standards on what he should be able to do with stuff he is using. The rise in popularity of Free Software and of the more customer-focused companies has only served to increase their expectations.

So when a company attempts to introduce console mentality into the PC market, it is only natural that it faces a backlash which becomes only more intense if and when the company does an action which the PC gaming community opposes vocally. This can easily be seen by the classic by now example of Spore which instated draconian DRM and delivered a sub-par game, based on the notion that marketing alone was enough to carry them through. The most recent example was of course CoDMW2 which removed the ability for custom servers, something which they were warned would create a strong backlash. And so it did as the game soon became the most pirated game of 2009 within a few months. Not simply because it was good or popular, but also because PC gamers, quite explicitly, did it as a punishing act.

Look at the rest of the top pirated games of 2008 or 2009 and you’ll notice the same trend. The top games are those which are released for both PC and console and if anything include many options that PC gamers are not fans of. Restrictive DRMs, Missing basic features, Console-based control systems or setup, DLC-focused etc. This should point out the principled basis for this kind of piracy. It’s not based on simply wanting to get a game for free, but rather on the wish of PC gamers to make companies understand that their actions are unpopular. Unfortunately companies choose to interpret this a different way.

Bringing it all together

How does this all affect the arguments of TweakGuide? He’s basically saying that because of the disparity in the ratio of piracy to legal PC games and piracy to legal Console games, PC game developers are starting to switch their efforts to consoles and even making them their primary development platform. Accordingly we’re either going to stop seeing as many big-budget games for the PC, or they’re going to be developed with consoles in mind and therefore lose in quality, performance or taking advantage of the PC capabilities.

This is of course a bad move for their part as they are only going to worsen their sales and piracy, not increase them, and this of course will further exacerbate the issue, leading to them publishing even worse PC games, leading to more piracy and less sales etc etc.

You see, those who make the majority of pirates, the ones who simply cannot afford the huge prices for games, will not suddenly discover the money to buy a console. They will simply keep looking for the highest quality game they can get for free or for a price they can afford. If the big budget titles move exclusively to consoles, then they’ll simply won’t get them and settle for the indie and open source alternatives. If the big budget titles remove features and worsen the customization, the free or low cost alternatives are simply going to look as a better thing to play. The poor are simply incapable of getting more money for games. Naturally this means that those gaming companies have shot themselves in the foot since even the poor will shell out some money if you give them a reason to buy and the correct price. If you are not willing to do it for fear of losing control, then someone else will. Whatever happens, you’re not going to be making money out of them but rather facilitating others to doing so.

On the other hand, by focusing all their energy on consoles instead, they will start to over-saturate an already full market. Console gamers may have more disposable income but they are relatively few and have only so much time they can spend on gaming. Start churning out more games for the consoles and you’ll quickly find out that it’s the sales per individual game which start to suffer while you’ve now lost all income from the PC market. Sure, some PC gamers will switch to consoles so that they may play the big budget and exclusives but only the ones who can afford to in the first place. I doubt it will be a significant amount.

For those who have already both a gaming rig and a console, not much will change. At best they’ll switch to playing free games, or those who are given at an appropriate price for their value, or they’ll simply chip their console or buy a secondary chipped one so that they may keep pirating for demos or gratis. If anything, console piracy will increase.

And finally, those who are simply demanding of the stuff their games provide, of the modding capacity and the free support and quality service, if anything this will drive them even further away from console-type games and they will turn instead of those companies who know to give them what they expect. Companies such as Valve and Stardock and Runic and Blizzard. And if those alternatives are not enough, perhaps they’ll finally discover the possibilities of Free Software.

The large companies may think they’re protecting their interests and punishing a disloyal crowd, but their inability to understand their demographics is only going to hurt them in the long run. Naturally they won’t realize this as it’s nice to be able to say that the percentage of piracy is low, even while your total profits are lower. After all, they are misguided enough to whine about piracy hurting them…while recording record sales year after year.

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What are the economics of piracy?

How does piracy affect the economics of PC gaming. Positive or negative. I explore some arguments against it.

In this part of the series, we’re going to look at the arguments TweakGuide has presented to point out how the economics of piracy adversely affect the PC Gaming ecosystem. This is basically the first “offensive” so to speak, which sets the stage as it is used to interpret the data which the author has gathered in the later sections.

In the spirit of criticism, I will use the same headers as the author to point out the weaknesses of each of his arguments.

Economic Loss

The author rightly notes that the oft cited argument of “One download = One lost sale” is totally bogus and that any economic loss is impossible to calculate but then spends the rest of the section arguing that economic loss exists. He does this by completely ignoring all the possible positive aspects of file-sharing an by taking the old business models as basically good and immutable.

With this, the author shows that he does not really understand the economics of free and how it affects the gaming market. This is the standard way that old-school publishers are treating the internet and free distribution: As if it doesn’t, or shouldn’t exist and thus the old ways of doing things should continue working. Take for example the idea he proposes, in that because someone did pirate the game, it means that they would be willing to pay something for it and thus the publisher is losing some money down the road from discount sales. Of course someone’s judgement of the value of a game is not made before they play it (barring marketing and hype) and it can very well be adjusted downwards once they spend even a few minutes doing so. Anyone who has had the feeling of being ripped of with a nice-looking box and fancy ads and getting a polished turd as a game should know what I mean. As such, it should be perfectly acceptable for someone to decide that the game is worthless after downloading it.

Discount sales on the other hand are precisely the kind of old-school thinking that the industry is unwilling to discard because they were so profitable. In a time of instant zero-cost distribution and overhyped multiplayer gaming, companies should not expect people would wait for months or years on end in order to play a game they can’t afford at its overinflated prices. This is totally missing the dynamics of gaming. People want to play the same stuff their friends are playing now and if they can’t afford it (or think the price is a rip-off) they will select the closest candidate. Barring price-ranges in their budget, the nearest option is free. Instead of recognising this and offering the game at lower prices that everyone could afford, or even doing a pay-what-you-want scheme which would allow people to pay what they can, they keep acting as if people have no other option. In fact, with the current technology, discount is not anymore used as a way to sell excess stock as it was in brick-and-mortar shops or generally physical goods, but rather as a boost to their normal sales, as a perpetual value machine. By sticking to the old methods, that worked for other industries and other business models in different technologies, in short, by trying to fit a square piece in a round hole, the gaming publishers are asking to be out-competed by those who do recognize how things work. And they have. Of course this natural evolution of business models is a form of “economic loss” for those who use the old ones. It’s also their damn fault.

Next the author argues that while economic loss cannot be accurately calculated, by comparing the two markets we can get a better indication of such a loss. I won’t go into the details as this is explored on another section in more detail but I will say that the comparison will be flawed. The customer base of those two is not the same and the purchasing habits are neither. Whatever the analysis shows, it’s going to be pure correlation, not an indication.

Finally the author points out that a potential harm from piracy comes from the support costs they have for supporting unauthorized copies. At this point, I’m surprised he didn’t count the cost of DRM measures as an “economic loss” for the publisher as well. You see all these costs come about because the gaming companies refuse to recognize that the value of their product in a zero-cost distribution environment does not lie in the content but in the service. If they accepted that their product can be received for free and worked with that in mind, then this wouldn’t have been an issue in the first place. If they didn’t try to punish unauthorized file-sharing with buggy DRM and hidden security measures, they wouldn’t have a problem. If they worked the price of support in their price and sold it as a service instead (i.e. require a valid serial before allowing someone to post a support question or something like that) this wouldn’t have been an issue. If they open-sourced their games and allowed the community to find bugs and patch them, this wouldn’t have been a problem. You can see once again that this issue only exists because the companies refuse to recognise the environment they are in and embrace solutions to work with it.

The Free Rider Problem

Here the author argues that there is an ethical dimention to piracy in the form of allowing some to have all the benefits and none of the costs and that even file-sharers recognise that. Ironically he points out that even though file-sharers have to deal with the same problem, they have figured out ways around it. Passwords, subscriptions, bandwidth caps and share ratios are all implemented in order to naturally and without centralized intervention curb any free riding.

You see, these methods did not just spring up randomly one day. It evolved. The methods and tools by which people file-shared kept changing until one was found that was better than anything else. In the current time, it’s the BitTorrent protocol which crowdsources bandwidth and automatically punishes those who do not contribute accordingly. It’s not perfect but it’s better than anything else, which is why it has proliferated so well.

Do you notice however the big difference between the way File Sharers have solved their problem and the way Gaming Comanies still fight with it? The first ones have changed their methods when they reached their limits and couldn’t anymore rely on universal goodwill, while the gaming companies have persisted in what they have always done and insisted that everyone should become a better person or they’ll take their ball and go home.

The fact that people free ride is something to be expected under a Capitalist system where wealth is power. Naturally people have an incentive to save as much money as possible, in every way possible. Capitalism is notorious for making ethical considerations and all human values irrelevant for the sake of Greed. And this is considered as good. Supposedly, everyone being greedy works out for the best and we don’t really need extra ethical values to guide us as rational self-interest will guide us to practically the same results. To claim that some people are bad because they do what the system itself compels them to do is simply misguided. If you want to change this behaviour, you’re far better off dismantling the system which promotes it, rather than try to play the losing game of having people embrace a particular ethic when it goes against their material self-interest. It’s a losing game because those people are simply going to be naturally selected against. Someone who avoids free-riding when he can because of ethical reasons, is simply going to be at an economical disadvantage to someone who does, and will lose out in future opportunities and success. And in Capitalism, everyone want to be successful. Unfortunately, if your problem is free riding, your only solution is to embrace a system which minimizes the incentive to do it. If you want to minimize it while staying within Capitalism, then your only solution is to evolve and make it systematically impossible or unnecessary.

The Economies of Scale

In this section, the author displays a stunning degree of misunderstanding of how economics works. First of all, economies of scale simply means that larger companies can produce the same products at a lower per-unit cost than smaller companies. Now, not only is this primarily related to actual physical production but it has also been shown to be wrong. We actually have diseconomies of scale.

Nevertheless, the funny thing is that even if this were true, it would run counter to the argument of the author, which is that big projects require bigger prices to cover the costs. Under an economy of scale, the big software companies would produce the same quality game as a smaller company at a lower cost, or they would produce a higher quality product at the same cost. And yet what we routinely see is that big companies produce high quality products and yet charge a higher cost (usually more than double the amount of an indie game.) Something does not fit.

Of course things are completely reversed to what the author claims they are. We do in fact have the standard diseconomies of scale in game production as we have everywhere else. You quickly start running into diminishing returns the more you increase the budget for a game and the size of a company which then requires state intervention in order to make it profitable to do so. Let me say it again: The only reason why big budget games even exist, is because the state grants them special privileges in order to do so. Namely, copyrights. Now one may say that if this what it takes to have ultra-high quality games, then it’s good because having ultra-high quality games is also good. To this one can counter that the drawbacks of having state intervention and special rules to promote one type of content are far greater than the benefits of having luxury games for the few who can afford them. In short, this discussion will take us on the road to challenge the validity of copyrights (which of course the author took for granted) which we’ll do in another section.

It is in fact interesting that the author chose to bring up state-subsidized roads and transportation in order to make his point during the free rider section, claiming :

The classic example is for Government services such as roads, hospitals, welfare and defence. Every citizen can access and hence directly or indirectly benefit from these services, but if left solely up to voluntary contributions, most individuals would likely not pay much if anything for them, citing a range of excuses. Therefore the Government enforces involuntary contributions from all applicable citizens in the form of taxes. If it didn’t, many of these essential services could not be adequately provided as the costs of provision would outweigh the voluntary contributions.

One can easily call into question the necessity for any of those services when we consider that first the state subsidized many of them (often at the behest of corporate lobbying) and then the rest of the system morphed around them. For example, the subsidy of roads made car ownership far more viable, resulting in most people now owning a car. Where it not for the state subsidy of roads, most people would not have one and would rather rely on other means of transport (i.e. living closer to work or public transport). That is to say that without government intervention, life would not come to a halt, but would rather work with it. One can easily argue that Govt intervention unnecessarily skewed the evolution of such means towards corporate ownership and power while perpetuating its own (unnecessary) existence. In short, it provided far more drawbacks than benefits. Similarly, the State-provided laws on copyrights made Big Budget games, monopolistic OS companies and consumer-hostile attitudes possible and taking copyrights away does not mean that gaming and computers will stop, but rather that they will take another form.

Finally, I have to challenge the argument of the author that if companies could sell more games, they would lower their prices sooner and therefore piracy keeps the prices high. This claim is absolutely nonsensical. Companies who’s high-cost games keep selling have no incentive to lower their prices as…they keep selling. Whether they cover their costs is irrelevant as their primary focus is profit, not consumer value (unless it affects their primary focus).  To put it simply: High demand will keep a high price. As the demand drops, so will companies drop their prices in order to increase it. As such, if anything, pirating a super-expensive game instead of buying is more likely to help discount the prices sooner and bring them to the point where they are affordable to the pirate. Therefore piracy brings up a positive result in that it helps prices move towards their appropriate equilibrium sooner.

Furthermore, if someone pirates a game because he can’t afford it, this has absolutely no change to the argument he’s making. If one cannot afford it at his current price, we won’t buy it anyway. The end result (in regard to this particular argument) for the company is going to be the same. As such, the solution would in fact be to start at a lower price or to find some way with which people can pay what they can afford compared to their income (because 50$ for the upper-middle class is not the same as 50$ for the lower-middle class). I will counter the argument that low cost games are also pirated in another installment.

Piracy & Marketing

Here the author finally brings up one pro-piracy argument, in that it increases the exposure and then spends considerably effort marginalizing it. While it is true that file-sharing increases word-of-mouth awareness of a game, he puts forth that this will result in increased piracy and not in increased sales although of course the results are inconclusive.

In fact there’s quite a lot of evidence that points to the fact that increased awareness does help, but only if one understand and embraces the economics of free. In short if one recognizes that it’s the scarce goods that increase in value and not the infinite (such as a digital copy of the game.) We again are left with pointing out that it’s the whole business model is flawed in focusing on the infinite content and not the scarce goods around it. What could the scarce goods be? Other than the classic paraphernalia surrounding any title, I can only think of hardware and providing a service (such as multiplayer or professional support). What one needs to remember is that if one does not need to spend money on games, they can spend it on other things and for a gamer, this is likely to be game-related. This is how collector’s editions sell in the first place.

Furthermore, the more people that play and have an interest in a game, the more valuable the community as a whole becomes. Game developers are notoriously bad at understanding this and they keep treating their communities like shit at worst, or as junkies to ignore once they stop giving you money at best. This can be seen by how often big-budget companies take away popular options from their games and stop supporing them once they don’t sell anymore. If companies understood that there’s value in loyal users, then they would be able to monetize it. Hell, stuff like facebook and twitter should have made it painfully obvious that there’s power in sheer numbers, even if those numbers are free –  and the more loyal and excited your customer is, the more willing they are to buy the extras and even provide you with free value.

As a case in point, I don’t even have to try a working example of this other than Valve’s Team Fortress 2, which 2 years later, with lots of free patches adding loads of new content, low costs and short discounts down to $2.5 has created basically a phenomenon. TF2 related art, jokes, videos and other content is everywhere. People talk about it all the time and inviting their friends to play. And Valve has given them a reason to do so. Achievements, guaranteed future support and content, low prices, promotions and events. A totally different  model than the “share and forget” of everyone else. And guess what, it’s super successful.

Finally, word of mouth does work. I will use World of Goo as an example since I am more familiar with it. As the author mentions, it had huge piracy when it was first launched. This generated enormous word-of-mouth advertisement so that when they offered it with a pay-what-you-want model, they made what some estimate at $100.000. It’s not a stretch to imagine that many of those who bought it where pirates who wanted to reward the developers. Take another example, Heroes of Newerth is an upcoming DotA clone still in development. They’ve been giving out their betas for free for a year now and have practically zero copy-protection. They have thus generated enormous buzz and community around them (20k people online for multiplayer often) and can basically guarantee a very successful launch for an indie game. Another similar example is the League of Legends, a similar game which is being given out for free and people can purchase extra perks (i.e more characters and stuff). Also working quite well. Do you know which didn’t work at all? Demigod, which is the exact same type of game, only it was big-budget, had a closed beta which you could get in only via an expensive pre-order and was sold in the usual old-business-model style. Naturally people pirated it rather than pay its huge price, even though they missed its basic functionality: multiplayer. In fact this by itself would point out how much people download games not because they have a lot of value for them, but because it’s low enough cost to not be an issue. Where Demigod to cost 10$ instead, they would have probably turned all those pirates into legitimate customers and ensured its continued success. Rather, they are left with a dying game, horribly outcompeted by 2 indie self-published studios who understand their market.

In conclusion

The basic argument the author is missing when discussing the economics of piracy is that people’s budget is zero-sum. They have only a limited amount of money to spend on luxuries like games and it’s unlikely that they will go over it just because of hype. As is natural again, everyone demands the highest quality for the lowest price they can get. If piracy where to become impossible tomorrow, PC game sales (in number of $$) would not increase. Prices would not drop. People would still spend approximately the same amount of money on PC games. They would either decrease their standard of quality so that they can play more, or stop playing so many so that they can play higher-quality games.

Practically, this would mean that there would be a far smaller community of gamers around each title, far less excitement, far less creativity and game communities would die sooner or be forced to die for the sake of sequels. The gaming culture as a whole would suffer as people would turn their interests in things they can afford, such as IRL sports, television or whatever. This means a diminishing pool of gamers, allowing less and less games to be created.

Piracy has existed since the dawn of personal computing and yet games never stopped being created. The only thing that has stagnated is quality during the time-window of late ’90s – early ’00s where the byte-size and low bandwidth limitations put a natural limit to internet and sneakernet piracy. Creativity and novelty in games actually started peaking again once piracy become trendy once more, as it was in the time of Amiga games. Sure, gaming will evolve but this is nothing to fear as the alternative, that is, to have a lot of high-budget titles also require a decrease in creativity, reduced consumer rights and increasing limitations and lock-ins in order to make it possible. In short, it requires us gamers to become the game industry’s bitches.

Personally, I prefer gaming evolution to consumer slavery.

The reverse fallacy of impartiality

The use of impartiality when one attempts to argue his position is nothing more than an implied ad-hominem.

Today I went through this article which basically attempts to prove that the sole reason for the degradation/change of PC gaming is Piracy and it made some quite compelling arguments for his case, based on the heavy use of facts and the neutrality of the autor. The article was well written and made some strong points against piracy and I found it via a link on Reddit by someone off-handedly pointing to it as the explanation of the Death of PC Gaming, (which, much like Linux conquering the desktop, is perpetually just around the corner it seems) showing how effectual this article can be as an argumentation hammer.

As a supporter of file-sharing the article hit a nerve. While it was sufficiently well written, I did find quite a lot of objectionable claims inside which should be challenged in order to show the cracks of the general argument against file-sharing. To this end I’ve decided to start a small series to analyze the bad aspects of piracy, whether it is indeed destroying the PC game industry and hopefully provide a stronghold in case this 30.000 words monstrosity is thrown at you as a counter-piracy nuke.

And I’m going to start from one of the first things the author attempts to prove. His impartiality.

This is something that I very commonly see used as a way to grant more credence to what one writes but then abused in order to hide the very real biases which lead to uncharitable interpretations and simply negative light on the way one presents the facts. In this case, the author begins by pointing out how disconnected he is from the game industry or from the file-sharing networks.

Before going further, I must explain some relevant facts about myself. At 37 years of age, I’ve been gaming for over 20 years now on a variety of platforms including the Atari 2600, Amiga 500, Nintendo 64, and of course, the PC. I currently game exclusively on the PC and do not own any consoles. I’ve written over 40 different detailed tweak guides covering a wide range of PC games and various versions of Windows over the past seven years. I am not sponsored by any hardware or software manufacturer of any kind. I am not involved with The Scene, nor do I receive any income from any piracy-related websites. I was not paid or sponsored in any way to write this article. In short, I have little incentive to write a biased article. I feel I’m as qualified as anyone could be to give a balanced view on this topic, free from any commercial interests in either side of the piracy debate.

And all of this is irrelevant. It is a distraction which attempts to give more weight to what he’s going to say later on and diminish the opinions of those who do not meet his standards of “impartiality”. It seems like what I’ll call a “Reverse fallacy”. The explicit notice he’s giving to his impartiality serves no other purpose other than to imply that what those who are related to the gaming industry or the file-sharing networks say is somehow less valid. That would normally be called out as a pure Ad hominem, as the connections one has do not in the least diminish the arguments they make. In fact that actual case may be that the connections one has, are because of the opinions they have on the matter as you wouldn’t really expect a strict anti-piracy pundit to be connecting with The Scene, nor is it likely that a file sharer would be leading an anti-piracy initiative (although of course, there are humorous exceptions)

However the author of the article, by simply pointing out his own impartiality deftly avoids any accusations of ad hominems while still implying just the same kind of fallacious reasoning to dismiss the antilogue. And the unfortunate fact of the matter is that this tactic works very well. In fact, it’s the favorite trick by which lawyers stack the deck against file-sharers which have geen sued by the Content mafia. When such people request a trial by jury, the lawyers methodically filter out any jurors who have any knowledge at all of file-sharing programs and culture, which naturally leaves only the most computer illiterate or those who have consciously avoided file-sharing in the first place. The audience is conveniently stacked towards those who are less likely to understand the complexities of file-sharing (eg. that a link to a link is not the same as distributing copied CDs) or already sufficiently swayed to one side of the argument.

You see, on some matters there is just no perfectly middle ground. While there is of course variation in the intensity one supports one camp or the other, they still support one side. The debates on Piracy are like that. You either support it, or you oppose it. You either consider it wrong, or you don’t. Even the ones who could validly say that they belong in either camp because they actually don’t know enough about it to express an opinion in the first place, end up practically  supporting the side which is in power. In our case, someone who does not know what piracy even is, is simply going to go with whatever the law says, i.e. whatever the corporate lobbyists say.

But the point is that whichever side of the argument one belongs to is irrelevant. My arguments are not going to diminish when I announce what I think from the start. On the contrary, their purpose is to provide the basis for my ideas.

In the case of the article at hand, the author can’t avoid but show his very strong pro-copyright, anti-piracy bias almost from the very start. In fact, as long as I saw the copyright notice on the footer of his site, I immediately knew where his support was going to lie (I mean, a vanilla copyright notice on a website? Seriously?). And his bias was showing quite a lot, no matter his announced impartiality. The way he pointed to torrent sites was in an amazingly negative light designed to create the emotional reaction one has to leeches. His dismissal of the possible motives of file-sharers and his boiling it down to “flexible morals” was halfway insulting. While it was true that he did avoid some of the classic emotional fallacies copyright-purists like to make (eg “Piracy is theft”), he couldn’t avoid marginalizing ((example: When discussing The Pirate bay, he put huge weight in the sources estimating the profits of TPB while providing one sentence showing the TPB’s side. Then he used on whole parahraph to doubt it and triumphantly posted addendums which he thinks support his cause, such as the loss of the first TPB trial and the selling cost of it to the Game Factory. No mention of the scandal of the biased judges or the general fact that any site in the top100 internet sites would sell for similar amounts.)) if not ignoring all the positive elements of piracy and grossly highlighting all the negative ((Take for example how he pointed out how he mentioned the large piracy rate of World of Goo while not mentioning at all the huge increase in sales during their “pay what you like experiment, or when dishing GNU/Linux users how he failed to mention that they were the highest paying during the World of Goo experiment. Hell, just the TPB logo with the dollar sign is a huge subconscious signal.)).

This is not impartiality. This is a classic example of having one opinion and then being selective with the facts so that your opinion has more basis. I have an opinion too, and a biased one at that. I’m pro file-sharing in the sense that I do not consider it does any harm and that in fact it helps. The difference is that I do not hide behind neutrality as this only annoys. Rather I declare it proudly and then I explain why reality is such that my opinion is warranted. I see how things work and then form an opinion about the ethical rules we should have to optimize the good aspects. The author on the other hand seems to have an opinion already ((It seems to be: “PC gaming was better in the last few decades and should remain as it was”)) and this drives a selective bias in his interpretation of the facts and reality.

By pointing out his reverse ad hominem and his lack of impartiality, we thus begin on our journey to deconstruct the lengthy anti-piracy article, or any article for that matter, while keeping in mind that a lot of information has been negatively represented or simply omitted.

"To all those people promoting our game for free: Fuck you!"

Stardocks CEO believes all Pirates are thieves, even though they practically help him. I (not-so kindly) disagree.

This is basically what the latest post from Stardock’s CEO comes down to when he says the following:

But…but…what about those hundreds of thousands of pirates? Yep. Demigod is heavily pirated. And make no mistake, piracy pisses me off.  If you’re playing a pirated copy right now, if you’re one of those people on Hamachi or GameRanger playing a pirated copy and have been for more than a few days, then you should either buy it or accept that you’re a thief and quit rationalizing it any other way.

Emphasis mine.

So what exactly is pissing Frogboy off? That Piracy helped make his game stunningly famous even before it hit the stores? That file-sharing did free advertisement for Demigod to the scale that it catapulted it to the 3rd place in sales (possibly higher if you count online sales). That Pirates urged each other to actually support Stardock if they can, to promote this kind of initiative?

Frogboy should be on his fucking knees praising Pirates at this point for all the free publicity they gave the title, not simply by the fact that they gave the game to each other to try before it officially hit the stores, but also for the controversy this raised on popular news sources which brought further spotlight to the game.

And this is, in short, the reply: “Fuck you, you’re goddamn thieves! You piss me off!”

So how exactly are pirates thieves Frogboy? Do you subscribe that every downloaded copy is a lost sale? Do you not consider for a second that the people downloading games maybe can’t afford them (so they wouldn’t buy it anyway) but they still do free word-of-mouth publicity for you? Do you consider that perhaps for others the quality of the game does not validate the price but they may still buy it just because they are pirates?

I used to think that Stardock was enlightened enough to figure out that file-sharing is caring, that pirates are, as gamers, on their side. But this latest post makes me reconsider. I’ve become a big supporter of Stardock just because of what (I assumed) their take on Piracy was and as a result I’ve bought every game I wanted to play from them. I will reconsider that as well.