Piracy is bad, it’s pervasive and is not going to leave us any time soon. Certainly, the recent high profile theft/piracy of Halo2 and GTA: San Andreas only amplify the situation. Not to mention the ever-present/growing fear of BitTorrent and other evolved p2p services.

That said, I’d suggest that our fear and anger over pirates robbing us, clouds our ability (or even willingness) to more fully explore the topic of piracy. Some stuff to consider:

  • Even with the ease of getting games off BitTorrent, it doesn’t make it any easier to get the game to play on your console (ie, still need to be a moderate geek to install a mod chip, etc).
  • Still no real understanding of (or way to measure) what percentage of “free” copies would actually have been paid copies.
  • Similar lack of understanding of the knock on effect of each “free” copy (ie, word-of-mouth buzz, convert to paid, buy the sequel, etc).
  • Some p2p tech provides uses/potential to be exploited by the industry (eg, Blizzard using BitTorrent to distribute World of WarCraft content).
  • Are anti-piracy efforts best directed toward the physical CD duplication factories in Asia and Eastern Europe? What’s their relation to the casual-piracy via p2p networks, etc?
  • Are the hackers really smarter than us? Perhaps if contracts were re-examined, it may be that developers spend more time figuring out smarter
    ways to care about piracy (ie, short-term view is that piracy does not effect bottom line of a game for the developer (ie, myth that developers NEVER see royalties)). Contracts should be structured in such a way to motivate/reward developers to work on the problem…
  • Would doing a worldwide simultaneous release help? Would getting rid of platform/hardware region encoding do away with the grey markets for illegal “imports” (many of which are purchased by otherwise lawful gamers that have no legal recourse to get the game).
  • Are there better business models and design approaches that obviate piracy, if not encourage the “viral” distribution of the game content? A good case study would be the growth of MMO/online games in China. MMO subscriptions are one way, but are there others?
  • More fundamentally, is the current notion of IPR dated and/or not well suited to games and/or the way netizens view digital assets as a “public good”???

Lots of questions, not a lot of answers. I just don’t buy into the panic that piracy is costing us billions and is 100% pure evil. There’s just more to it…