The Only Post on Piracy I’ll Ever Make
All Posts · Tags: piracy, ranty mcrantypants
I have created and deleted a round dozen posts on piracy, because it’s a subject I feel so very strongly about that sometimes I think it’s best to keep my mouth shut. I don’t have tentative or wishy-washy views on the subject…I have loud and obnoxious opinions, and for the most part I think the internet doesn’t need one more person yelling their thoughts on piracy for all to hear.
However, since the Confessions of a Book Pirate post hit the web, I am having the hardest time keeping my mouth shut. So just this once, in our blog, I’m going to have my say. It’s the say of an under-30 programmer/author who loves open source and struggles daily with her mixed feelings about copyright reform, however, so if you’re looking for a, “The pirates are ruining my career!” post, you are probably not going to like this one. (Not that you’re getting a YAY PIRACY post either…I am so not YAYpiracy.)
Everything I have to say comes back to the one belief I hold firmly:
You can’t fight book piracy.
That’s right. I don’t believe in fighting piracy, not with any of the currently popular methods. I don’t believe in restrictive DRM, I don’t believe in educating readers and I don’t believe in delaying digital releases or absurd pricing. I don’t think there’s any way to stop piracy at all. I think you can’t put that genie back in the bottle any more than you can go back to a time when no one wanted mp3s.
DRM: I hate DRM. I loathe it. I want to stab it a hundred thousand times with a rusty spork. When they started putting DRM on CDs, I stopped buying them. I can still remember the first time I bought a CD with DRM…I didn’t even have a CD player. I played everything on my computer, but this DRM made it so you couldn’t see the disc on a computer…the better to prevent someone from ripping it, I guess? Except it made it useless to me, and I never bought another CD again. (Ever. To this day.)
Luckily, even back then, stripping DRM was easy. I stripped the DRM because it was the only way I could listen to the CD I had paid for in good faith. DRM is even easier to crack today. There will never be a DRM scheme invented that won’t be crackable within a week or two. Ever. The only people DRM inconveniences are the readers who bought your book and don’t want to break the law. Anything that punishes people for respecting your work seems like a pretty stupid tactic.
Educating Readers: Really, who are we educating? The people who don’t know about piracy? Why? There are three types of readers, pretty much. Those who will never pirate your work, those who will do it but feel guilty, and those that don’t give a shit.
The first group is sick and tired of having people yell at them for something they’re not doing. The third group doesn’t care and never will. As for the guilty ones…well, you’ll probably guilt some of them out of pirating. And you’ll probably annoy some of them so much they’ll pirate your next book guilt free. In the long run, I can’t see we’re making a lot of progress…but we are teaching a lot of people who might not have known otherwise that they can get books for free. I’m actually okay not educating them on that topic.
Hinky Pricing and Release Dates: It’s not going to stop pirates. They will scan print books and release them, and with publishers telling digital readers so clearly that they don’t matter, I’m almost sympathetic to those who don’t feel guilty about pirating the book they would have purchased if they’d been given the option. (I say almost because man, that sucks for the author. A lot. And I still don’t approve of piracy, even if I do think it’s an unavoidable fact of life.)
So what do you do? I believe firmly that the only solution for piracy is the iTunes solution. Make it easy, affordable, and more convenient than piracy. No, that won’t stop piracy. Nothing will stop piracy. But it’s the first step in regaining some control of the situation. Lazy people will pay, and I’m speaking as a lazy person.
For now? I ignore piracy. (Mostly: I will discuss my exceptions later.) At this point I have no proof that piracy is hurting me. My sales are not going down–but they are slowly shifting to 3rd party venues. I believe that some epublished authors are not giving the growing 3rd party market enough consideration when they look at their first month’s sales totals and scream Oh no, piracy has ended my career!
The 3rd Party Factor
Ebooks are going mainstream fast, and while the upside of all these new ebook readers are the thousands of new potential clients, the downside is that the mainstream is not interested in jumping through the same hoops that a niche reader might. Fictionwise, All Romance Ebooks, Books on Board, Amazon…there are going to be a lot of new readers who are not going to want to go from publisher to publisher when they can get all of their books in one place.
As recently as a couple years ago, judging a book’s release month numbers was pretty easy. Lots of epubs pay monthly, so you wait for the next month, check the total and know roughly how you did. Now, it’s a lot more complicated, and it’s the 3rd Party factor. Now you have to wait.
For example, our recent release Sanctuary’s Price came out in October. I’ve only just gotten the Amazon numbers for October, and I won’t have 4th quarter numbers for Fictionwise & ARe for 1-3 months. I can’t make an educated assessment of whether or not the availability of the book on pirate sites hurt sales until I’ve seen all the numbers.
To be fair, though, I can’t really scientifically say whether it had an effect either way, because there are too many uncontrolled variables and I hate uncontrolled variables. The only thing I can say for sure is that piracy is either having no effect, helping us grow, or making us grow less quickly than we otherwise would have. In the end we’re selling more every month in spite of the abundance of pirated versions of our work available pretty much everywhere. (We are small potatoes, though, and I do think piracy hurts the big names a lot.)
And yes, for those who think no one can have this opinion unless they’ve never been pirated…I’m saying this as someone who is downloaded a lot. Yes, I can go to pirate sites and see hundreds and, sometimes, thousands of downloads of our book. However, I would be surprised if 10% of that number represented truly lost sales, though I have no scientific facts on which to base that claim. Don’t even get me started on people who multiply that by their royalty rate and use that figure to cite lost sales. I truly believe that people will take something for free that they would never, ever buy. Lots of people. Just because it’s there.
Losing sleep over it isn’t going to do me any good.
And yet, I’m still an author…
Having said all of that, I am so frustrated with quite a few of today’s pirates. I’m talking about the ones who can’t seem to hide what they’re doing, end up in your google alerts, and then whine when you send take-downs. Watching them gripe because I told mediafire to take down a file makes me want to smack them on the nose with a newspaper and tell them to hide the file better next time. I don’t spend my time hunting down pirates to C&D, but if they can’t keep their links out of my google alerts…sorry, guys. You have it coming.
Pirates aren’t freedom fighters. They’re not battling the evil empire. The only people they’re really screwing with are authors, and I’m not even just talking financially. I’m talking the frustration when we wrote a story, made a cover, laboriously converted it to four different formats so that I could give it away in file formats convenient to as many people as possible and uploaded it–for free–to our website, only to find it uploaded to a pirate site with this message:
*This is a free read from her site thus shouldn’t have to be removed for “abuse”.
It is not “abuse” my dear. It is abuse, sans inappropriate quotes. I’m not calling you names, or wishing terrible harm on you, I’m not slinging histrionic threats or wishing you’d get a computer virus or arrested. I am simply telling you, now, that it is abuse.
You are breaking the law, and I’m not talking about the morality of it, I’m simply stating a fact. You take every one of our books, you upload them, and you complain when I have them taken down too quickly. You don’t have the right to be upset that I won’t let you commit copyright infringement without inconvenience. That’s taking entitlement just a little bit too far, isn’t it?
But you’re welcome for the free book. And thank you for testing my commitment to Creative Commons Share Alike Copyrighting. I won’t let you make me a hypocrite by having the file removed, but at least I can sleep tonight knowing I stuck to my beliefs. Beliefs don’t mean much if they’re never tested.
EDIT: I would like to clarify something in regards to my free reads. I love it when people link to them. And e-mail them to friends. And even upload them to Scribd or forums or their own websites. I’m fine with that, and it’s awesome. What I don’t love is when someone who also uploads every other thing my publishers put out does so with a catty note indicating this time the mean bully author can’t do anything about it.
Really, I’m pretty nice when people aren’t actually spitting in my face. I swear.
Hi Bree, I agree with everything you’ve said here except for education. I see nothing wrong with a bit of information on piracy and how it affects everyone. Some “educators” can go a little over the top and really turn people off but I think information is a good thing. No, it won’t stop those who are determined to do what they do but knowledge is power…I just made that up
So how do you feel about readers who share ebooks with their friends? I’m not talking about mass distribution. I mean friends who trade books like they would print books. I know some authors have no issue with it, others say it violates copyright because technically an illegal copy is made.
@FV: Technically, sharing with a friend does violate the copyright and is illegal. And I HATE that because no, I don’t mind. I loved the idea of sharing on the Nook…I would be wholeheartedly in favor of any scheme that would give friends a legal way to share ebooks. I think it’s one of the major drawbacks of digital books still, and sometimes I buy mass-markets just so I can throw them at Donna when I’m done.
As for the education…if it could always be calm, reasonable education, I might be able to get behind it. But at this point, honestly, there is so much misinformation and flat out confusion over what piracy really means for authors, that I rarely find anyone trying to educate people without making unsubstantiated claims. I do think that misinformation is worse than no education at all, because people pass that along as fact and muddy the waters further.
If only I had the magical solution!
Great post about piracy. You make a lot of great points and I agree wholeheartedly with the message.
@Karin: Thanks! I’m surely not saying I know all the answers or even all the problems…but I do think we’re fighting the wrong war here. :p
“The first group is sick and tired of having people yell at them for something they’re not doing.” That’s it. Exactly.
Pirating sucks and I can understand authors getting pissed over it. But some take it too far and direct that anger at the people that don’t deserve it. I’ve been told by an author that I was infringing on copyrights because I always backup my ebooks on my external. I never understood her logic. That didn’t stop people from stealing her work, it only cost her a reader that purchases books.
You have the most levelheaded and logical viewpoint on the subject that I’ve heard.
@Lillie: Yes, it bothers me that we constantly yell at the people who most sympathize with us.
@Sarah: Admit it, you’re calling me a Vulcan. *sob*
Great post!
My faves are the authors who link to the pirated stuff. Now that is handselling. Due to my lack of interest and untrusting nature I have never gone looking for pirated work but thanks to authors I now know several places to go…
Another big beef is the hate on ebooks, yes the rise of popularity of people reading ebooks has caused the pirate sites to grow, but it is not the result of bloomin ebooks. ie. On ebay I have been fighting the listings of pirate ebooks of Harry Potter – which has no ebook. (dumbarses) And have been doing this for years! Long before popularity of ebooks took off, and you still hear reports of book scans when they withhold ebooks of big name authors etc.
SO LEGAL EBOOKS ARE NOT TEH EBIL authors!
And soo not a fan of DRM, locks out the internationals which bites plus makes you jump through hoops just to read the darn book.
Whoops, that was a bit more of a rant than I knew I had in me..
Was supposed to just say I agree with you on the making it easy to buy, the fact that I think it impossible to say a large percentage of pirates would have brought the book new instead of downloading.. but I kinda got carried away…
wow, i officially am in love with you. as if i wasn’t already. if you see someone peeking in through your windows, have no fear, its just me
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I agree with Edie, ebooks certainly are not the problem. I’ve actually been buying a huge percentage more of my books since I got hooked on ebooks. (My librarians have actually commented on my shrinking reserves piles.) I’m willing to pay for this format over free print versions at some price points. I do think it makes sense for publishers to want to experiment with pricing schemes. But it’s wrong to think that readers who would buy, or buy hardbacks especially, are suddenly getting pirated ebooks. I’m patient like almost everyone else and wait for paperback prices or I get it from the library. I just think it will take a while for publishers and the free market to establish what value customers will place on this format, or DRM free vs. (stupid) proprietary versions, etc. And we’ll be able to speak with our wallets.
Bree, would I do that to you?
@Edie: Yes, I have to say I always cringe when authors post links. And the hate in general…well, I think we all just need to accept the fact that we’re past the point of stopping this. We can’t close our eyes and say, “No, thank you, digital revolution, we’d really like you to come back in a few years.” The time for arguing over whether we want it is past, it’s time to decide how to make ebooks profitable. Some people are already figuring it out.
@Tiffany: Don’t worry, I won’t tell my husband. Be careful though…learn from Donna’s adventures with the feral pig. We have weird wildlife living outside our house. LOL
@Greytfriend: Experimentation is great, I agree. That’s how we can figure stuff out. But I agree too that it’s not as simple as making ebooks so expensive that we’re all forced to buy hardcovers. Even if I were inclined to buy them before, I react poorly to bullying and will probably end up spending my money on someone who offers me affordable deals. That’s just the way it is.
@Sarah: Yes. Yes you totally would. No acting innocent over here, missy!
[...] could go insane trying, very quickly I think. (Speaking of which read Bree’s post on piracy at Moira Rogers – it sums up my feelings far better than I ever could. – oh yes, I could find that post, but [...]
Epic lies!
[...] Rogers, the Bree half of that duo posted one of my absolute favorite author takes on book piracy here! She is one smart cookie. Read it, you won’t be [...]
Hi Bree,
Thank you for your post. Just want to say I found it very expressive of the many points I, as a confessed ebook pirate, agree to. I fall under the “those that pirate but feel guilty” category.
I am guilty of going to the “dark side” for ebooks; and the main reason I do so is geographical restrictrictions. When I first discovered ebooks, I thought it was a godsend. I live in a third world country in Southeast Asia and book availability on release date is scarce; if ever at all. I am willing, and have done so in the past, paid full hardcover price for an ebook I want to read on publication date (i.e. US$25 — note that minimum wage in my country is US$7.50/day). However what option is available to me if they are simply not available, in any format, in my country? Ordering paper books online takes 4-6 weeks delivery and shipping cost is usually equal to if not greater than the price of the books. I have done this once or twice (paid shipping cost up to 3x value of paper books, not to mention dealing with corrupt customs officials by paying an unofficial “handling fee” when picking up packages from the post office [yes, we have to pick up our own packages rather that having it delivered door-to-door unless you have it sent via courrier]), though obviosly this has seriously curbed my book-buying habits.
Don’t get me wrong, I am in no way advocating piracy; but it is frustrating to the extreme that bibliophiles like myself are hampered from legitimately purchasing the books we want to read and are willing to pay for. I personally feel that these restrictions have left me little alternative but to turn to the “dark side”. This includes paying more for a digital book than for a paper book; which really makes no sense to me.
“Yes, I can go to pirate sites and see hundreds and, sometimes, thousands of downloads of our book. However, I would be surprised if 10% of that number represented truly lost sales… I truly believe that people will take something for free that they would never, ever buy. Lots of people. Just because it’s there.”
– This is very, very true. Of note: I never would have discovered erotic fiction (and the authors who excel in this genre –like yourselves– as they are in heavy demand and often discussed in forum threads) without pirate sites. Now that I know them and have been made aware of the distinction between “good erotic fiction authors” and just plain “porn trash” I am more willing to part with my money for some good stories from authors I like.
I fully agree with your view that ebook piracy can never realistically be eradicated, but can be MINIMIZED by making ebook purchases convinient and attractive (no DRM/geographic restrictions, no delay for ebook releases, competitive pricing, format availability etc). Make it easier for me to get the books I want, I would glaly do so with a much cleaner conscience to boot.
I wish to further express my great respect on your views and arguments on this topic. It is very refreshing to find an author more in tune with the preferences of their readers as opposed to certain big-headed authors who-must-not-be-named (*cough* preston *cough* see here: http://www.nytimes.com/2010/02/11/technology/11reader.html)
It’s all a matter of finding the equilibrium between Supply and Demand. Ebook readers are still a minority, albeit a growing one. Here’s to hoping the tide will soon turn and cater to the demands of the ebook reading public.
EDIT:
Corrected link for hte NY Times article:
http://www.nytimes.com/2010/02/11/technology/11reader.html
EDIT:
Corrected link for NY Times article
http://www.nytimes.com/2010/02/11/technology/11reader.html
@Thumper: Thank you for your reply. I didn’t get into the seriously grey area (to me) portions of piracy where books are literally not available (or even legal) because I didn’t want to muddy the waters or make people think that my lax opinions were only because I was under some misguided impression that the only people who pirated books had noble reasons.
I don’t think the majority of pirates are suffering from geographic or legal complications, but those who are have my sympathy and yes, my tacit understanding. I’m going out on a limb by saying it, but I will anyway: I understand.
I’m intensely glad that my ebooks are available to everyone regardless of geographic location and at a reasonable price without DRM. I feel so, so strongly about that that there are times when I dread the possibility of having to choose between opportunities for my career and having all of our books readily and easily affordable for all.
I think the next few years are going to be painful growing years for New York publishers. Right now they seem to be telling themselves that they can make this all go away if they make ebooks unappealing enough–or maybe they’re just trying to buy time. Either way, the digital revolution is here, and it’s not going to sit in the corner and wait to be noticed. So I’m with you in hoping it gets resolved quickly.
i love hearing your opinions on things.
i have nothing more to add.