John Willett
Sound-Link ProAudio
Joined: 07/03/00
Posts: 11960
Loc: Oxfordshire UK
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Re: Banpiracy................Further to the Waves story
[Re: an englishman in paris]
#545946 - 15/11/07 04:43 PM
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Quote an englishman in paris:
well in fact its the other way round; unlike what i understood happened in the states,
we had no initial contact with an offer to go "legit"; the first we knew was the bailiff,
then the court order, with the 100000 euros plus costs demanded;
Sounds well dodgy to me - they can't get a
court order against you without you being given a chance to defend yourself.
If
you had no prior warning - ie: letters sent in advance, I would be tempted to reply that
this is an illegal scam to extort money with menaces.
-------------------- John - Sound-Link ProAudio
President - Federation Internationale des Chasseurs de Sons
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an englishman in ...
Joined: 14/11/07
Posts: 12
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Re: Banpiracy................Further to the Waves story
[Re: John Willett]
#545986 - 15/11/07 06:11 PM
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well we do have a chance to defend ourselves; maybe my translation of legal procedures
here is not good; we have been summoned to go to court where we can defend ourselves; and
even if we are found "guilty" there is obviously a reasonable chance that any "damages"
will be much less than that demanded by the plaintiff; but to do this we need a lawyer;
and we could counterattack because as i said from the beginning the court order was based
on a false declaration; but we are a tiny company; and in the end it would cost less if we
went "legit" and try to negotiate; even though it is not the "courageous" thing to do
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Dennis Spank
member
Joined: 01/02/03
Posts: 79
Loc: Discipline
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Re: Banpiracy................Further to the Waves story
[Re: Zukan]
#546005 - 15/11/07 06:52 PM
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Clearly the lesson to be learned from this is that it is extremely BAD KARMA to use Waves
Products either bought or not.
BOYCOTT WAVES!
Even the free EQ
supplied with Cubase is better than the Waves crap.
-------------------- Ouch!
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desmond
Joined: 10/01/06
Posts: 7894
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Re: Banpiracy................Further to the Waves story
[Re: Dennis Spank]
#546033 - 15/11/07 08:14 PM
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This thread is not about the quality of their products, it is about their business
practices. Englishman, your experience is counter to everything official they
have said regarding the BanPiracy organisation, so any credibility they might have had has
gone out the window in my book. It indeed looks to me like simply an attempt to forcibly
extract as much money as they can...
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Doublehelix
Joined: 04/12/02
Posts: 4162
Loc: USA
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Re: Banpiracy................Further to the Waves story
[Re: Zukan]
#546034 - 15/11/07 08:22 PM
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Yep... BOYCOTT WAVES!
-------------------- James
"Never interrupt your enemy when he is making a mistake" ~Napoleon Bonaparte~
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an englishman in ...
Joined: 14/11/07
Posts: 12
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Re: Banpiracy................Further to the Waves story
[Re: desmond]
#546058 - 15/11/07 10:20 PM
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Quote desmond:
This thread is not
about the quality of their products, it is about their business practices.
I
agree 100%
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Steve Hill
member
Joined: 07/01/03
Posts: 13140
Loc: Oxfordshire
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Re: Banpiracy................Further to the Waves story
[Re: desmond]
#546062 - 15/11/07 10:35 PM
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Quote desmond:
It indeed looks to
me like simply an attempt to forcibly extract as much money as they can...
Confirming the suspicions I voiced
when this first hit the fan about 6 weeks ago.
I can't believe no-one from
Waves is reading this thread.
Why are they so scared to respond publicly and
on the record?
-------------------- Dynamite with a laser beam...
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Dennis Spank
member
Joined: 01/02/03
Posts: 79
Loc: Discipline
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Re: Banpiracy................Further to the Waves story
[Re: Zukan]
#546071 - 15/11/07 11:27 PM
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Easy maths:
Income from "questionable" tactics: $800,000
Expenses (lawyers, costs, etc): -$300,000
Gross profit:
$500,000
Loss of income due to bad PR and karma:
-$500,000
Net profit: NIL
*moderator edited. to make a point*
-------------------- Ouch!
Edited by Max! (17/11/07 12:33 AM)
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an englishman in ...
Joined: 14/11/07
Posts: 12
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Re: Banpiracy................Further to the Waves story
[Re: Dennis Spank]
#546198 - 16/11/07 12:12 PM
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sorry dennis; I am contributing to this forum to try and get some sense out of the
situation; I welcome all support and solidarity; but I disassociate myself with your
comments here; I don't think that it helps anyone to start insulting people and using
racist remarks
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Dennis Spank
member
Joined: 01/02/03
Posts: 79
Loc: Discipline
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Re: Banpiracy................Further to the Waves story
[Re: an englishman in paris]
#546215 - 16/11/07 12:46 PM
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Quote an englishman in paris:
sorry dennis; I am contributing to this forum to try and get some sense out of the
situation; I welcome all support and solidarity; but I disassociate myself with your
comments here; I don't think that it helps anyone to start insulting people and using
racist remarks
Er, I think
this thread was started before your contribution so please don't feel the need to
disassociate yourself!
...I'm not insulting anyone or being "racist", merely stating the facts:
1.
Waves is an Israeli compmany.
2. Their present tactics are heavy-handed and
illegal - therefore "neo-Nazi" is an appropriate adjective that I think adds some
colourful irony, just as one may refer to American foreign policy as "fascist".
Anyway, I don't do "PC" in any way, shape or form.
-------------------- Ouch!
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an englishman in ...
Joined: 14/11/07
Posts: 12
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Re: Banpiracy................Further to the Waves story
[Re: Dennis Spank]
#546223 - 16/11/07 01:05 PM
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ok dennis; we can still be friends;
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Dennis Spank
member
Joined: 01/02/03
Posts: 79
Loc: Discipline
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Re: Banpiracy................Further to the Waves story
[Re: an englishman in paris]
#546225 - 16/11/07 01:10 PM
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Quote an englishman in paris:
ok
dennis; we can still be friends;
-------------------- Ouch!
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Hol
Joined: 05/02/06
Posts: 293
Loc: England
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Re: Banpiracy................Further to the Waves story
[Re: Dennis Spank]
#546483 - 16/11/07 11:39 PM
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Quote Dennis Spank:
Easy
maths:
Income from "Questionable" tactics: $800,000
Given the events of WWII and
before, that's beyond crass, bordering on what ought to be actionable.
** Mod edited to maintain coherence in quotation***
-------------------- http://www.soundclick.com/hol
Edited by Max! (17/11/07 12:37 AM)
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Dennis Spank
member
Joined: 01/02/03
Posts: 79
Loc: Discipline
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Re: Banpiracy................Further to the Waves story
[Re: Hol]
#546488 - 16/11/07 11:56 PM
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Quote Hol:
Quote Dennis Spank:
Easy
maths:
Income from "Questionable" tactics: $800,000
Given the events of WWII and
before, that's beyond crass, bordering on what ought to be actionable.
Tough. I say what I like. "Action" me
darling.
" Mod Edited to maintain coherence"
-------------------- Ouch!
Edited by Max! (17/11/07 12:36 AM)
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Doublehelix
Joined: 04/12/02
Posts: 4162
Loc: USA
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Re: Banpiracy................Further to the Waves story
[Re: Dennis Spank]
#546490 - 17/11/07 12:10 AM
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Quote Dennis Spank:
Tough. I say
what I like. "Action" me darling.
Personally, I do not care for
your comments or your attitude either. You can say what you like, but I do not have to
like what you say.
-------------------- James
"Never interrupt your enemy when he is making a mistake" ~Napoleon Bonaparte~
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Studio Support Gnome
Not so Miserable Git
Joined: 22/07/03
Posts: 8995
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Re: Banpiracy................Further to the Waves story
[Re: Dennis Spank]
#546494 - 17/11/07 12:31 AM
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Dennis. you are politely requested to cease and desist upsetting those who may find your
choice of phrase somewhat offensive.
While Waves may be accused of taking the
extreme view... it's not entirely undeserved in many cases, and frankly it's about time
some of the software industry stood up for it's right to earn a living, and indeed to make
a profit for their investors... they're after all, in business, like everyone else.... to
make money, in return for their investment of capital and time.
although
some of their representatives would certainly appear to have been somewhat underhanded,
this does NOT make them Neo-Nazi's .
given the history , and sociopolitical
origin, it's an epithet you ought to apologise for.,
BE advised, you signed up
to abide by the rules, terms and conditions of this forum , or you would be unable to
post, it would appear this has slipped your mind.
Perhaps you should read
them/.
regards Max SOS forum moderator.
(I'm
not unknown for being blunt either.... but there ARE limits, and the ideal of complete
free speech is, in practice, an urban myth. )
-------------------- if you don't know who i am, i aint gonna tell you.
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an englishman in ...
Joined: 14/11/07
Posts: 12
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Re: Banpiracy................Further to the Waves story
[Re: Studio Support Gnome]
#546619 - 17/11/07 02:27 PM
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would like to get back to the problem in hand; if there is anyone out there who is in the
same position as us, would welcome any advice, comments on how you have gone about or are
thinking about going about resolving the problem; comments from french studios or users
particularly welcome; in french if you like
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Studio Support Gnome
Not so Miserable Git
Joined: 22/07/03
Posts: 8995
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Re: Banpiracy................Further to the Waves story
[Re: an englishman in paris]
#546626 - 17/11/07 02:51 PM
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Given that the summons was apparently issued on a fallacious basis, I'd fight tooth and
nail.....
While I'm in favour of developers sticking up for their rights,
in this instance, I'm not keen on their methods , and where people HAVE a defensible case
to argue, i think they should do so... after all, one supposes that if you win, you may
be able to persuade the court to award you costs against the plaintiff , and perhaps
punitive damages for wasting court time and your time... ??
it's worth
at least looking in to with a serious intent.
-------------------- if you don't know who i am, i aint gonna tell you.
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Studio Support Gnome
Not so Miserable Git
Joined: 22/07/03
Posts: 8995
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Re: Banpiracy................Further to the Waves story
[Re: Studio Support Gnome]
#546627 - 17/11/07 02:52 PM
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but i'd concede that it's a bit of a scary "If" ....
-------------------- if you don't know who i am, i aint gonna tell you.
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Stuart Dawson
Joined: 18/06/05
Posts: 214
Loc: Surrey
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Re: Banpiracy................Further to the Waves story
[Re: Steve Hill]
#546710 - 17/11/07 09:23 PM
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Quote Steve Hill:
......To be
clear: that's the civil law position. I also robustly and firmly believe that in the UK
at least copyright theft is - er - theft, and a criminal offence.
The fact
that the Crown Prosectuion Service seems reluctant or incapable of doing anything about it
is a different debate. But the risk of a criminal conviction at least keeps this
particular studio honest.
Good points. It is a criminal offence, and to be honest does it
really matter which offence it is. As a matter of interest, generally people processed for
this sort of thing, (usually dealt with by Trading Standards, FACT etc working with the
Police) are charged with offences against the Copright, Design and Patents Act rather than
the Theft Act. There are issues with whether it fits the description of 'Property' under
the Theft Act.
The Crown Prosecution Service have a reasonably good record in
prosecuting these types of offences, although compared to other offences they are
relatively few. (And no I don't work for them) They don't do more because it's not a core
Police responsibility, it's quite labour intensive, (FACT are not hugely staffed) it's
also seen as not particularly victim heavy compared to other crimes. Most of all I would
suggest, that there are an awful lot of other crime problems that are higher up on the
priority list.
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jacqueslacouth
Joined: 15/07/05
Posts: 184
Loc: Sydney Australia
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Re: Banpiracy................Further to the Waves story
[Re: Zukan]
#546711 - 17/11/07 09:24 PM
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Oh FFS, Seriously Max, cease and desist notices on net forums. i guess it reflects to what
extent we have had our cheeks parted and been well and truly rogered in lala land. As for Waves strategies, i for one have had my mind made up by their tactics to
take my business elsewhere. I would much prefer to see them spend their money on
developing a more practical copy protection system (you know, like putting it together
with some dedicated hardware, its not that revolutionary an idea  ) At the
price they charge, they could easily throw in a top notch control surface to unlock their
plugins that would give serious tactile enjoyment. I just find the "we've caught you so
buy it" attitude to reek of a Dingo's butthole. I think it would leave such a foul taste
in your mouth that you would be loathed to use them.... But good to see that
the music industry is still so supportive of big business' rights to make their living by
screwing the plods over.
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Studio Support Gnome
Not so Miserable Git
Joined: 22/07/03
Posts: 8995
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Re: Banpiracy................Further to the Waves story
[Re: jacqueslacouth]
#546721 - 17/11/07 10:32 PM
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This is a moderated privately owned forum. open to the public.. subject to the terms and
conditions.
read them.
other than that, i agree.... waves
could have better ideas and policies.... I no longer use them myself... haven;t done
for quite some time.... for all sorts of reasons... none of them political....
But i would point out that even Waves, do NOT qualify as "Big business"
it's just that kind of utter lack of reality interface that people like to hide behind
when trying piteously to self justify theft of intellectual property.
The VAST
majority of Developers are small businesses, and on the global "corporate" scale, TINY....
even comparative heavy weights in our , actually rather small industry, are
bought and sold for what amounts to pocket change in corporate terms these days....
Emagic sold to apple? for about £16.5 million pounds.... (I recall the figure
of 33 million dollars being mentioned) Steinberg to Yamaha? was even less. so I
hear... .
For a company with their track record and position in the
industry, that figure ought perhaps to give some idea of how little a "big businmess" in
our audio world is worth compared to the 10's or even 100's of BILLIONS that global
corporations in other fields are valued at....
Like Apple with Emagic, AVID
swallowed up M-audio without noticing...(fiscally at any rate)
There are
developers out there going bankrupt on a weekly basis....
just who is getting
bent over and shafted then?
As I've said before, I deplore the tactic,
and would urge anyone unfairly clobbered with it to fight back... BUT the principle??
all in favour here.... I'd like to see the guys I know in the Music
software , and sample/instrument development industry, actually be able to pay their
mortgages from their software based income streams...
-------------------- if you don't know who i am, i aint gonna tell you.
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Steve Hill
member
Joined: 07/01/03
Posts: 13140
Loc: Oxfordshire
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Re: Banpiracy................Further to the Waves story
[Re: Zukan]
#546729 - 17/11/07 11:09 PM
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I agree with you Max.
And it is precisely and comprehensively because
we are talking about cottage industry with a very limited potential consumer base that I
believe Waves' strategy here is so demonstrably, pathetically, terminally wrong.
Nobody with any sort of musical soul beating in his heart could in all conscience buy
any of their products, surely?
-------------------- Dynamite with a laser beam...
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Stuart Dawson
Joined: 18/06/05
Posts: 214
Loc: Surrey
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Re: Banpiracy................Further to the Waves story
[Re: Steve Hill]
#546786 - 18/11/07 09:40 AM
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More depressing than anything is the thought that the £7500 asking price is more than the
total cost of my setup. (Very humble home studio, based around a couple of Yammy digi
portastudios)!!
Probably won't be buying it, more for cost reasons tho!!
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jacqueslacouth
Joined: 15/07/05
Posts: 184
Loc: Sydney Australia
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Re: Banpiracy................Further to the Waves story
[Re: Studio Support Gnome]
#546896 - 18/11/07 06:25 PM
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Quote Max!:
But i
would point out that even Waves, do NOT qualify as "Big business"
Actually I wasn't referring to Waves,
I was actually making a point about "privately owned and moderated (censored) forums" and
before I get the cottage cheese again, prior to the internet bubble shite, SOS would
easily qualify as big business on the net.
But please, don't let anything I
have to say worry you. I understand that the world's first true socio-anarchic state (the
net) has well and truly been invaded and conquered by the captains of capitalism.
Anyone else remember Winston Smith listening to the Proletarian woman singing a
song written by robots and thinking that it sounded more beautiful than anything a machine
could make? How prophetic.
And on that note my friends I bid you all adieu, my
heart is no longer in this. Today I lay down my last guitar and I shall sing no more, for
the world is no longer mine to sing to. It is time to pull on a cardigan and go plant some
tomatoes.
BYEEEEEEEEEEEEEEEEEEE
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Phil O
active member
Joined: 03/09/03
Posts: 1399
Loc: Scotland
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Re: Banpiracy................Further to the Waves story
[Re: jacqueslacouth]
#546928 - 18/11/07 07:43 PM
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Quote jacqueslacouth:
Quote Max!:
But i
would point out that even Waves, do NOT qualify as "Big business"
Actually I wasn't referring to Waves,
I was actually making a point about "privately owned and moderated (censored) forums" and
before I get the cottage cheese again, prior to the internet bubble shite, SOS would
easily qualify as big business on the net.
But please, don't let anything I
have to say worry you. I understand that the world's first true socio-anarchic state (the
net) has well and truly been invaded and conquered by the captains of capitalism.
Anyone else remember Winston Smith listening to the Proletarian woman singing a
song written by robots and thinking that it sounded more beautiful than anything a machine
could make? How prophetic.
And on that note my friends I bid you all adieu, my
heart is no longer in this. Today I lay down my last guitar and I shall sing no more, for
the world is no longer mine to sing to. It is time to pull on a cardigan and go plant some
tomatoes.
BYEEEEEEEEEEEEEEEEEEE
Jacques gets my vote for "most grand
forum exit" 2007!
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E D
Joined: 10/01/04
Posts: 1088
Loc: London
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Re: Banpiracy................Further to the Waves story
[Re: Zukan]
#547006 - 19/11/07 01:01 AM
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I hope people read it and actually learn something though. He speaks good sense.
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Ari
Joined: 01/05/05
Posts: 66
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Re: Banpiracy................Further to the Waves story
[Re: Zukan]
#547015 - 19/11/07 02:56 AM
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Waves have lost sight of their market. They don't seem to realize that todays music
recording market is very different to that which they originally entered. No longer
dominated by large studios, the industry has changed alot, giving homestudio owners the
ability to run anything a large studio can.
Some software companies have
realized this, others have not. Some will survive, others should not...
The R&D
cost is a one off cost for each version, just like for hardware. Manufacturing cost is
negligable. This is unlike hardware units and should be reflected in the price of the
products. Consumers know that and get annoyed if they feel they are being ripped off.
The key to getting people to pay for your product is having a quality product,
good customer service and a decent upgrade policy. This is why Ableton and the
Propellerheads seem to be doing ok. Their offers are always fair, and their copy
protection mechanisms are lax enough that pirating their software is not very hard. A side
effect is that after computer problems and re-installing (whether you have a legit version
or not) all your stuff will work again. I had copied versions of their software. I now
have legal versions. It's simple. They don't try to rip me off. I don't wan't to rip them
off.
Enter Digidesign. Had it legal. Had to reinstall. Took a week to get
everything running... I actually ended up using a cracked version because i had such
problems with my legitimate version that I just said f*** that. How messed up is that?
Having a proper serial nr. on my box and not using it because it was a hassle... Then
they made version 7. I hoped they would give decent ugrade deals, but no, not really. I
wound up in bed with Ableton, turned out to be the prettiest girl at THAT dance. Oh, and
digi hardware/software only works on some computer setups. Read through the compatibility
lists to get a better idea. You have to know exactly which motherboard/CPU/chipset combo
you have... That's probably why they are the "industry leader"
Waves have
to realize they are working a new market, with new market laws. If they price themselves
ridiculously they will end up with an unsellable product. Their products are good, but not
$7000 good. And piracy is not equal to lost sales, neither in software nor music in
general. Just ask Metallica who made their fame by distributing tapes of themselves. Or
ask Radiohead. Or Propellerhead software. A download may lead to sales later. It all
equals publicity.
Piracy is not equal to theft, either. Not according to law
and not according to logic. Unless a correlation can be proven that a downloaded copy
equals a lost sale AND that the artist (or copyright holder inc. more likely) is
financially damaged by the download, then it is not theft. Sure, I'm just an amateur and
only feel flattered if people download my stuff but we all have to realise that the market
has changed, and we need to embrace it or abandon it. Fighting the change is not likely
to work. No musician wants their software so laced with copy protection mechanisms
that it is unusable. Or have have calllouses on their sphincter from said softwares
upgrade and/or pricing plans. And no music lover wants their music crippled by
horrible DRM that makes it work in someplaces on some devices sometimes.
And I
am not saying piracy is right, but it is ubiquitous and here to stay. Business models need
to adapt to reality, in pricing, distribution and service.
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Mark Knutson
member
Joined: 25/03/03
Posts: 134
Loc: Minnesota, USA
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Re: Banpiracy................Further to the Waves story
[Re: jacqueslacouth]
#547017 - 19/11/07 03:50 AM
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Quote jacqueslacouth:
...But
please, don't let anything I have to say worry you. I understand that the world's first
true socio-anarchic state (the net) has well and truly been invaded and conquered by the
captains of capitalism....
Looks to me like you throw a tantrum whenever you don't get your way, but you try and
dress it up with some trite "political" mutterings (and a fair amount of passive-agressive
for good measure). Not to worry--the historical inevitability of the people's revolution
will soon re-educate the running-dog capitalist elements like SOS magazine.
Edited by Mark Knutson (19/11/07 03:56 AM)
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thenaturallevel
Joined: 28/02/07
Posts: 1209
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Re: Banpiracy................Further to the Waves story
[Re: Ari]
#547032 - 19/11/07 08:47 AM
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Quote Ari:
Piracy is not
equal to theft, either. Not according to law and not according to logic. Unless a
correlation can be proven that a downloaded copy equals a lost sale AND that the artist
(or copyright holder inc. more likely) is financially damaged by the download, then it is
not theft.
Ok. If I decide
to buy a legitimate copy of the whole Waves bundle at £7500 and my friend decides to
download the same bundle, cracked, for free - how does that not equal a lost sale? Forget
about R&D costs, or whatever, at the very simplest level it constitutes theft. It is
the electronic equivalent of walking into a shop, grabbing the software (in a box) shoving
it in your coat and walking out. Just because the mechanics are different it doesn't alter
the end result. You have acquired the software for free. If you dislike the price go buy
something else. As has been said there is plenty of choice out there for alot loss money
and of equal quality.
Edited by thenaturallevel (19/11/07 08:47 AM)
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Ari
Joined: 01/05/05
Posts: 66
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Re: Banpiracy................Further to the Waves story
[Re: Zukan]
#547094 - 19/11/07 11:21 AM
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No, it isn't.
It's more akin to walking into a shop with your star trek
replicator in your pocket, and saying "replicate that". Why? The company MAY(or
may not) have lost a sale. They did not, however lose an expensive package. Not the
manufacturer and not the retailer. Remember, if your product is good and priced
according to quality then people who get it are in your likely customer pool. If it's not
priced to sell, then that person was not a likely customer. No property has been
removed from them. That is how theft works. Get annoyed over semantics all you want,
but there is a reason for the language haveing words like copyright infringement,
plagiarism and theft. They all mean something different. The definition of "theft" is
: the action of stealing. The definition of "stealing" is (actually long but I'll
take nr.1): 1[trans] take (abother person's property) without permission or legal rights
and without intending to return it.
The legal system has more detailed
definitions.
Remember, the media companies would call it stealing if they
thought they could get away with it. Instead they refer to copyright infringement and
"piracy" (I thought that would contain more raping, killing and pilfering...) which they
made up to make it seem like a really serious crime. Don't get me wrong, though.
Ripping someones life work without him/her getting anything for it is not cool. There has
to be easy access to fairly priced legal versions. If you're good, people will like it and
buy it. People in general are pretty honest (even surprisingly so). Remember a large
study done recently by the culture ministry of Canada? It showed that the biggest music
downloaders were also the biggest music purchasers. You're looking at the group that loves
the stuff. DVD sales have risen every year, how come? More software companies sell more
products than ever before. As for video downloads, the only casualty I've seen is
video rentals, which would have crashed anyway due to legal digital distribution models,
just a few years later than they did. And anyway, the illegal distribution has pushed the
legal distribution forward, forcing companies to see that they need t provide easy access
to quality material, for a reasonable price.
Which is why I buy my software
online. Companies such as Ableton and Propellerheads (and no, I don't work there, I just
like their business practices) sell their products for a resonable price and give me easy
access. If I go down to the local music store I see a price that is almost double what I
pay online. Not because they're crazy, but because my country has a bunch of fun import
duties, taxes and VAT on top of that. Then the retailer adds their fair share and, voila,
there you have a lost sale. Ableton hasn't, though.
Anyways, remember you can
be like Prince and be the laughing stock of the internet (and the world) or you can be
like Radiohead and be the cool guys on the block (don't even particularly like them, but
boy are they cool and have big veggie cojones)
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thenaturallevel
Joined: 28/02/07
Posts: 1209
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Re: Banpiracy................Further to the Waves story
[Re: Ari]
#547104 - 19/11/07 11:55 AM
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Quote Ari:
The definition
of "theft" is : the action of stealing. The definition of "stealing" is (actually
long but I'll take nr.1): 1[trans] take (abother person's property) without permission or
legal rights and without intending to return it.
You're taking Waves property without their permission i.e. their
Intellectual Property. Therefore, you are stealing it , ergo by your definition theft. You're justification that it costs more than I believe I should pay for it,
therefore, I will use it for free doesn't wash. Just don't use it - use something else.
Quote Ari:
Remember, the media companies would call it stealing if they thought they could get away
with it. Instead they refer to copyright infringement and "piracy" (I thought that would
contain more raping, killing and pilfering...) which they made up to make it seem like a
really serious crime.
I don't
think it's appropriate make to comparisions with rape or murder. This has nothing to do
with violent crime.
Quote Ari:
Don't get me wrong, though. Ripping someones life work without him/her
getting anything for it is not cool. There has to be easy access to fairly priced legal
versions. If you're good, people will like it and buy it. People in general are pretty
honest (even surprisingly so). Remember a large study done recently by the culture
ministry of Canada? It showed that the biggest music downloaders were also the biggest
music purchasers. You're looking at the group that loves the stuff. DVD sales have risen
every year, how come? More software companies sell more products than ever before.
What you're saying is because
Waves choose to price their product out of your reach that gives you the right to use a
cracked version? The simple choice is don't use their product. As I said before there
are plenty of alternatives, just as good, costing much less.
Quote Ari:
Which is why I
buy my software online. Companies such as Ableton and Propellerheads (and no, I don't work
there, I just like their business practices) sell their products for a resonable price and
give me easy access. If I go down to the local music store I see a price that is almost
double what I pay online. Not because they're crazy, but because my country has a bunch of
fun import duties, taxes and VAT on top of that. Then the retailer adds their fair share
and, voila, there you have a lost sale. Ableton hasn't, though.
Therefore, you have answered my argument.
Purchase software that is reasonabled priced and that you can afford. Don't use
software illegally because you can't afford it or disagree with the price.
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Steve Hill
member
Joined: 07/01/03
Posts: 13140
Loc: Oxfordshire
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Re: Banpiracy................Further to the Waves story
[Re: Ari]
#547110 - 19/11/07 12:07 PM
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I know some people disagree with me, but have you actually read the posts in this
thread?
It is theft.
I spent 30 years dealing with white collar
crimes for a living, the last 6 of them at a boutique London law firm.
You're
the one playing with "semantics", not the rest of the world.
-------------------- Dynamite with a laser beam...
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Neil C
active member
Joined: 01/04/03
Posts: 2530
Loc: Designated cuddle zone
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Re: Banpiracy................Further to the Waves story
[Re: Steve Hill]
#547115 - 19/11/07 12:14 PM
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Oh yes it is, oh no it isn't...
It's behind you!
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_Nuno_
Joined: 20/05/06
Posts: 804
Loc: Cork, Ireland
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Re: Banpiracy................Further to the Waves story
[Re: Ari]
#547121 - 19/11/07 12:21 PM
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Quote Ari:
No, it isn't.
It's more akin to walking into a shop with your star trek replicator in your
pocket, and saying "replicate that".
Why?
The company MAY(or may not) have
lost a sale.
They did not, however lose an expensive package. Not the manufacturer
and not the retailer.
As i
said before, it can only be considered theft by someone who actually understands the
concept of intellectual property. You only seem to understand that of physical property.
The argument of not losing a sale so it makes it ok is completely retarded.
Try stealing anything from a shop and try to tell the police that you never intended to
buy it anyway so therefore the shop would never make any money out of it. And don't tell
me that in that case the shop actually lost an item and the software developer didn't. The
shop lost the cost of the item and their profit, like the seller of the software loses
their profit also.
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Neil C
active member
Joined: 01/04/03
Posts: 2530
Loc: Designated cuddle zone
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Re: Banpiracy................Further to the Waves story
[Re: Zukan]
#547144 - 19/11/07 01:17 PM
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Nuno-
I believe Ari in your quote of him is entirely accurate. I think you have not
fully grasped him.
I think, though, it's important to point out that I don't think
anybody in this thread, including Ari, has said that illegal copying is OK.
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Ari
Joined: 01/05/05
Posts: 66
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Re: Banpiracy................Further to the Waves story
[Re: Zukan]
#547154 - 19/11/07 01:37 PM
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I do understand IP (reasonable well, thank you very much) and do not think copyright
infringements are right. I do think that they are inevitable because of market and
distribution network changes.
OTOH, you are completely missing the point of
market share and market penetration. And sales resulting of experience with the product or
exposure to the product.
Think for a moment why companies like Adobe or
Microsoft have not taken a hardline stance against piracy. Everyone and their
grandmother has Photoshop. Not all legal, for sure. Yet Adobe continues to make decent
money from their products.
Passing something off as your own creation is
Intellectual property theft (stealing even defines that). Illegal copying or
distribution is a different crime altogether, works differently, has different penalties
and different consequences.
Notice that NOWHERE have I said anything like
"victimless crime" and all that bull****. All I'm saying is that companies have to look to
the market and play to the market. If your old business model starts breaking down then
change it! And never, ever try to force your customers into anything. If you are
going to sue groups of potential customers, be damn sure that you do EVERYTHING right. As
a company catering to a specialized market your every move will come under scrutiny. It's
not enough to have the legal highground, you also have to have the moral highground EVERY
STEP OF THE WAY! If your company has been behaving like a small crime syndicate, you
lose favor. If you lose favor you lose customers. It isn't rocket science.
Now
let's look at the company in question. They spent a lot of work on making a good
product. Fairly probably similar amounts of work to most of the other companies in the
same business. They priced their product as high as they could, as is expected. The market
changed, not only with online copying but also in that the pool of customers got MUCH
bigger but each has less money to spend. They keep spending some money on maintaining
a good product. Now they face a choice. Continue selling to hundreds, even thousands
of customers and maintain profits by jacking up the price, while trying to cut off easy
access to their product by any means neccessary. Or LOWER the price and try to sell to
hundreds of thousands of customers. They seem to have made their choice. Even
Digidesign has made the other choice, although a bit belatedly, probably after seeing
startups take a significant part of their market (well, actually, a NEW market)
Again, illegal copying is illegal. For a reason. People try to make a living making that
stuff. Buy stuff, don't pirate it. And if you pirate it and continue using it,
BUY the product. Companies, please give us demos of your product that actually work,
and are not so hamstrung by demo limitations that we cannot learn the program. Many
download to see if the product is good. Some use the illegal version indefinitely. Others
buy the proper version.
That's how you stamp out piracy. Not by locking your
stuff up so badly that it becomes unusable and then suing anyone who violates that.
This is about the law, morals, business models and progress. Technological
progress has been fast (global networks, next day freight, telephone in my pocket etc.) Public morals evolve pretty fast (with technological changes). Business models have
to adapt to the above. The law will follow eventually.
That's how it was,
and how it will be. Artists decried the invention of the gramophone record, now
ANYONE could just take the music all around and they themselves would become redundant.
Many took advantage of the situation. Then a new business model was invented.
VHS was thought (by the MPAA, Jack Valenti) to be the bane of the movie
industry. Then they made a new business model, selling prerecorded tapes. Profits
soared. They still whined about the potential for copying. Cassette tapes were
thought to be another bane of music, easily copied and considered high quality
reproductions.
.. .. .. Do you see where this is going?
As for the raping and pilfering, I was merely pointing out that this is a
psychological trick using a word known for its connotations with violence, and making up a
new meaning for it. Piracy (as pertaining to copyright infringement) is a word coined
by the american MPAA for use in their campaigns. Therefore I feel quite ok with using that
example. That's the mental link they (not some unknown "they" but just corporate entities
such as MPAA, RIAA and BPI) are trying to insinuate. It's called word association and is
quite popular in advertising. And for they record, I have no waves products at all.
Partly because they are expensive, partly because they are too expensive for what they are
but mostly because I try to give my money to companies that operate in a respectable
manner and have some idea about who their customers are.
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Neil C
active member
Joined: 01/04/03
Posts: 2530
Loc: Designated cuddle zone
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Re: Banpiracy................Further to the Waves story
[Re: Zukan]
#547164 - 19/11/07 01:56 PM
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Ari, I salute you.
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Ari
Joined: 01/05/05
Posts: 66
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Re: Banpiracy................Further to the Waves story
[Re: Zukan]
#547173 - 19/11/07 02:15 PM
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And to clarify further. The definition game is VERY important as that is the basis of all
our western laws and our written moral codes.
Re-attributing words like
"piracy" only goes to show how big corporations are desperate to protect their set ways.
It's hard to change the thinking of a multi billion dollar corp. and turning round takes
time. The law is also not working correctly in this matter. It's not protecting the
large companies well, and it's most definitely not helping smaller companies or
individuals holding IP.
The law question ultimately boils down to: is the law
supposed to be for the good of the community or is it supposed to protect an outdated
business model? Of course it always turns into the need for balance, but it is
neccessary for the law to change with the times, and be balanced. Not all out pro-consumer
and not all out pro-corp. And it needs to have a way for the little guys (us) to make a
living as well. Currently, if my songs get played on the radio, I don't get a penny. Why,
you ask. Because my countries royalty collection thingy is run by a group of old
timers who don't include playlists from the rock/alternative stations. They have been
offered the lists, but no, it's too complicated. I would love to get royalty checks
once in a while but I don't. And can't do anything about it (we've tried) except founding
a competing royalty collection company. Which would turn out just as rotten pretty fast.
That's where I stand. I know a bit about both sides f the table, yet I position myself
firmly in the "the fixes need to run deeper than that" camp.
Nobody here is
saying piracy is the right way to go, but I think most of us see the problems at hand. And
that the solution is complicated and must start from the companies selling their products
and services, including music and software.
Now, back to the Waves issue. No matter whether their product is worth the price or not, their stance on the matter is
counter-productive for them, and will be even worse in the long term. From what I hear,
their stuff is pretty decent, but there are quite a few pretty decent products out
there. I'm definitely not saying that you should go out and steal all copies of their
products from the shelves or that you should copy them illegally. I'm saying that they may
have missed the boat, and are now trying to get back on board by drilling through the
hull. Under the waterline.
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Mark Knutson
member
Joined: 25/03/03
Posts: 134
Loc: Minnesota, USA
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Re: Banpiracy................Further to the Waves story
[Re: Steve Hill]
#547178 - 19/11/07 02:17 PM
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Quote Steve Hill:
I know some
people disagree with me, but have you actually read the posts in this thread?
It is theft.
I spent 30 years dealing with white collar crimes for a
living, the last 6 of them at a boutique London law firm.
You're the one
playing with "semantics", not the rest of the world.
There is no doubt that it meets statutory requirements for
various crimes, but my own observation is that the vast majority of people I have
encountered do not consider it morally on the same plane as taking something material from
somebody. And judging by the admittedly dodgey statistics from the software industry,
these are widely held views indeed.
People who pride themeselves on moral
rectitude in matters of honesty, and would drive 10 miles to return a dollar they were
accidentally overpaid by a cashier, pirate software without a second thought.
I think our cultural morality is simply not geared toward statutorily created
intellectual property, and if one thinks about it, that's an interesting sociological
phenomenen. Call it semantics if you like, but its a reality that cannot be changed with a
few cleverly chosen words or a few new laws.
I think most people consider
theft to be when something that a person had is missing, and that something has to be more
material and concrete than the speculative notion of potential lost profits.
Edited by Mark Knutson (19/11/07 02:22 PM)
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