this post was submitted on 11 Dec 2023
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Depends on the circumstances I guess, but no matter how I feel about it people jumping the turnstile aren't stealing the train.
Are they stealing a ride?
I don't like this analogy, because there's a real, albeit small, cost to the subway of that free ride, in terms of fuel and increased maintenance. Digital piracy has literaly no real cost to the producer except the nebulous "lost sale."
You know that the pirated files were stolen in the first place, right? Movies and video games aren't just sitting out in the open free for somebody to snatch up like apples on a tree. They end up in the hands of scene groups by somebody in the studio taking an unauthorized copy of the product and distributing it.
Lost sales are damages, as demonstrated by the courts hundreds and hundreds of times over now.
Many scene groups actually purchased the games and cracked them, I've read NFOs that say "buy the game, we did too".
People recording in movie theatres have to either sneak into the theatre or buy a ticket themselves.
Someone scanning a book to post online had to have bought it or borrowed it.
Yes some games are cracks of illegitimate obtained leaked copies or other unscrupulous methods.
I have played pirated games in the past but my Steam library has thousands of dollars worth of games I bought, many of which I wouldn't have if I weren't interested in these type of games to begin had pirating games not been possible.
Sure, the opportunity cost from piracy's "lost sales" to the publisher/licensor is non-zero. But how many sales that would have happened varies greatly on the perceived value vs. price of the product, and how available it is. If it's not in stores anymore and can only be bought from scalpers on eBay, the publisher cough Nintendo cough doesn't see that money anyway vs. pirating it.