Bass Master "K" said:
It sounds like you might be in the UK, and I don't know if that is the way your law handles it, but here in the US, as I understand it, a breach of contract can only occur if you buy a product and do not abide by the limited use contract provided with most software. If you don't buy the product there is no way you can be in breach of a contract since there is no contract. That is why companies consider it theft.
But it's not theft of a physical product. It's an entirely different matter. I don't have time as to educate you as to the differences, and I don't believe I have to as they are glaringly obvious.
Do you really believe this yourself? I mean, how rediculous. Then all I have to do is say "Well I'm certainly NOT going to buy this product, regardless of how cool it is!" and then copy all of my software and music illegally and according to you I havn't hurt anyone. It's a joke. What happens when every person who owns Cubase decides to think this way. I mean after all, I definately have other uses for my money than to pay the maker of a product I use, I just happen to have been brought up to be honest.
Very nice of you to build a straw man for yourself to attack - but that's not what I was saying at all. Willful misinterpretation of my argument isn't going to work either. Please explain to me how a company can lose money that they never would have got. You are attacking a case I never posited. I very clearly stated the following:
as long as they had no intention of buying the software regardless of whether it was available to download a crack or not.
Which part of that do you not understand? I love the way you totally ignore thae fact that i qualified the above with:
However, if somebody would otherwise buy the software, but uses a crack instead, that takes potential revenue away from the company in question.
People can read the whole thread and entire posts you know. Making a straw man out of the bits you feel you can easily attack is very quick and cheap, but doesn't do you justice, or harm my argument - as it is your straw man that you are wasting your energy beating away at, not my argument.
Again, I don't see how you can differentiate between the two. Illegal use is illegal use.
That's incredibly closed-minded. I could say 'a crime is a crime and all criminals should go to the chair - that way we will rid society of all wrong-doers'. There are degrees of crime. Laws also change - you used to be hung for stealing strawberries. If you're so conditioned by adherance to a law and percieved authority you must live in a strained and uncomfortable world. Can you not see that in some circumstances it is even neseccary to break the law for the common good?
That's not quite the case here, but to my mind stealing software for educational purposes is an incredibly minor crime.
That's my opinion right now. If you can prove that 'educational piracy' does a sufficient amount of damage I might change it.
That's really funny. Have you ever heard of a company called Sonic Foundry? They make a few products, ohhhh, like Soundforge, CD Architect, Acid among others..... their stock plummeted from over $20 a share to under $1 a share and they had to sell out to Sony for pennies on the dollar. You think they would have the same view as you?
Give me incontravertable proof that this was directly caused by software piracy and it will become relevant. Unless you can do this it's just another company going to the wall.
So by this logic they should just offer their product for free so they would have the largest user base....I'm starting to get it now.
You've done this:
http://www.datanation.com/fallacies/distract/ss.htm
Extending my argument into the territory of the ridiculous won't wash. Why not stick to arguing with what I'm actually saying rather than building straw men for yourself to knock down?
Do you or do you not agree with the statement "if all expensive music software was uncrackable its user base would not increase significantly (significantly being defined as 'more than five percent')"? If you don't agree provide proofs as to why.
I believe this would be the part that Bear was talking about. You want us to check logic first, you should check facts. You have no idea about the demographic of people that are using this software illegally.
You want to scream about car analogies....well this one really makes me want to scream. THE ACADEMIC VERSION OF THEIR SOFTWARE IS EXACTLY THE SAME AS THEIR REGULARLY PRICED SOFTWARE. Do some freaking fact checking before making such ignorant statements as this. They offer it up at a HUGE discount so that these same poor students can have access to the software way less money. Also, last time I checked, audio students have access to the software at labs at their schools where they can learn it.
I can assure you that the educational versions are not the same in all cases. Some are limited (such as
CubaseSE). The versions that *are* the same are still very expensive relative the the amount of money in a student's pocket. Here you can get Cubase SX for a 'special price for educational use' of around £250 (about $450). Still way too expensive for the majority of students and educational institutions.
Again, if you disagree provide concrete examples rather than saying 'do some freaking fact checking', which may make me laugh, but does not convince me one iota.
Saying it is available in college is contaversial - when was the last time you went to a college here in the UK where they are so under-funded half the PC's are donated and the other half are 400MHz or less. If music tech students are lucky there will be 5 copies of whatever software they need between thirty of them.
When I was at college there was *1* machine running Adobe Premier and *300* students who needed to use it!
Again, you insult Blue Bear, but yet you hang your hat on the same hook he called you on.
I didn't insult anybody. In-fact I said he seemed like an otherwise intelligent individual. he simply seems to suffer from a knee-jerk reaction to this particular issue.
See above academicly priced software that you were incorrect about.
What software? You need to provide examples of 'educational versions' of expensive music software that are identical in every respect to their more expensive counterparts.
Well, that is your opinion and if they felt the same way they would do it.
So becuase the companies don't agree with me they are right.
Becuase a company isn't doing something doesn't mean it's not a good idea.
Well, I guess three out of four isn't too bad. But it still comes down to it is wrong, it is illeagle, and if everyone did it, we wouldn't have recording software to record with. It's the same as saying, well, if you can't afford all the CD's you want to own, then copying them illegally is okay. If someone wants something for their use, they should save up and do the right thing.
"It's wrong" "it's illegal". Do you agree with every law in every circumstance? Why do courts use judges and a jury at all - if things in the world are so black and white we should have computers judging crime and passing sentances, not courts.
Note also that you are again ignoring that I am only arguing for 'educational piracy'. I would be fine with somebody making copies of my compositions or software (yes I write software - all of it open source) if they were going to learn from it and not make any money out of it.
In-fact I have given away several old PCs and other electrical goods to educational institutions. Why can't software companies do the same. Steinberg could *give away* CubaseVST to schools and colleges now for instance. I bet they can afford it. If you disagree prove that they can't.
When you say "and if everyone did it, we wouldn't have recording software to record with" you're also factually incorrect. See:
http://audacity.sourceforge.net/
This is free multi-track recording software. It's open source. If you want features added to it or bugs fixed then post on the Audacity newsgroup where you can contact the developers directly. In many ways open-source development is superior to the commercial model; although *much* slower in most cases.
Audacity is just one of several similar open-source projects that I encourage people to use and become involved with the devlopment of.
For cripes sakes, my buddy busted his ass in his off time, recording projects for friends, and a few garage bands so that he could upgrade from Cubasis to SX. According to your logic he should have just thrown his hands in the air and said "Oh well I can't afford it, I guess I should just use a crack". That certainly would have been easier for him, as he had to scrimp and save and put in long hours after work so he could make it happen, but he did because he is an honest person.
Did you miss the bit where I said:
If you can afford the software you should buy it.
If you can't afford the software, but want to make music on your computer you should buy cheaper software (or use GNU/Linux and other GNU stuff).
I don't care how many straw men you want to knock down - you haven't touched my argument yet!
BTW - I "bust my ass" recording friends in my spare time. I don't even charge them for it. And I buy all my own stuff. Am I crazy or something?! No - I just enjoy doing it!
A very vey talented local engineer (who has worked with Richard D James) recorded my band's album over nearly a year, charging us only £30 a day. He also bought all his own stuff. Is he crazy? No, he likes us, thought the record was worth making and was willing to go out of his way for us.
There is no such thing as someone who can't afford the program. There are only those who aren't willing to WORK hard and save so that they can afford the program. It's that simple.
It's not that simple at all. Of course there are people who can't afford the software! I have a good job and it's still an awfully big outlay to justify for me! I can only imagine what it would be like to be unemployed and trying to get a job in the sound recording industry yet not have access to the most relevant software.