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There are several claims that piracy of Intellectual Property (IP) can help sales more than it hurts them.

For example, Edmund McMillan of Team Meat states in an interview at IGN:

McMillen believes that the more people who steal his games, the more will eventually buy them. He sees piracy as nothing more than a huge sampling exercise. "If the game gets pirated heavily, if it's a good game that people really like, they're going to either buy it eventually or they're going to tell other people about it. Either way it's just going to come back to a sale."

Tim O'Reilly argues that piracy's benefits outweigh the lost sales:

Piracy is a kind of progressive taxation, which may shave a few percentage points off the sales of well-known artists (and I say "may" because even that point is not proven), in exchange for massive benefits to the far greater number for whom exposure may lead to increased revenues.

Brazilian bestselling author Paulo Coelho believes piracy only helped his sales

"We put up a link on the blog, like I was very surprised. (...) The link is on the main page of my blog. I have to play a little bit naive, that I don't know. But people go there, they download the book, and, believe it or not: The sales of the book increased a lot."

and

"At the end of the day people are going to buy it because it stimulates people to read and it simulates people to buy."

What studies or evidence is there to support or contradict the idea that piracy may ultimately be beneficial to profits rather than harmful?

Nick Stauner
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Sonny Ordell
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  • If anyone has better examples of prominent people making this claim I would appreciate it. For example I know Shakira and Radiohead seemed to support it and especially Dan Bull, however I couldn't find anything I quotable. – Sonny Ordell Jan 25 '12 at 09:40
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    I'm sure some people buy things after finding a pirated version. But does that counter the number of people who don't buy something because they have pirated content (even other pirated content)? Say you get 100 extra sales from people finding you through pirated copies who like them enough to buy something, but lose 1000 copies to people who'd buy your work if they hadn't found pirated copies (maybe not even of your work, they just want something to occupy their time), that hurts you. – jwenting Jan 25 '12 at 10:10
  • @jwenting there is lots of different reasoning about this issue. Personally I would think piracy could help more than it hurts for a variety of reasons. That's why I'm interested to see what evidence and studies show. – Sonny Ordell Jan 25 '12 at 10:20
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    How do we measure benefit? And benefit to whom? And how do we know what would have happened, if we wouldn't had piracy? – user unknown Jan 25 '12 at 10:47
  • @userunknown That counterfactual is irrelevant, since we **do** have piracy. I imagine the benefit would most easily be measured by the effect on sales, although other metrics may be possible. – Sonny Ordell Jan 25 '12 at 10:51
  • Surely the question is completely about comparing the current position (with piracy) to a counterfactual position (either with no piracy or merely less piracy)? – Oddthinking Jan 25 '12 at 13:26
  • @Oddthinking Of course it would be useful to look at situations with varying rates of piracy. I don't see how it would be useful to look at a scenario without any piracy, which is what user unknown was putting forward. – Sonny Ordell Jan 25 '12 at 13:43
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    This is too broad. What content? What market? What context? E.g. if your problem is you are virtually unknown, then piracy/word-of-mouth is immensely beneficial and you have little to lose. If you are Michael Jackson, word-of-mouth is irrelevant and you have lots to lose. Piracy can be useful to bootstrap your career, but it's certainly harmful if you are already mega famous. – Sklivvz Jan 25 '12 at 14:41
  • @Sklivvz I wanted to avoid asking a seperate questiong for each type of content as a) there may be studies that take different content into account and b) an answer can look at studies for different types of content to get an overall picture. Would you prefer I ask 4 separate questions, one for games, one for books, one for movies and one for music? The idea that if you are already succusful it is certainly harmful is not somethign I readily accept and I'm curious to see what an answer might show by way of studies or other evidence. – Sonny Ordell Jan 25 '12 at 15:00
  • @SonnyOrdell the studies are typically per market sector (movies, music, software...) – Sklivvz Jan 25 '12 at 15:01
  • @Sklivvz Some studies seem to look at different markets to get an idea. Additionally I thought an answer could accumulate different studies if necessary. I don't want the question closed, so would you prefer I split it into many separate questions? – Sonny Ordell Jan 25 '12 at 15:03
  • @SonnyOrdell you would get better quality answers if you focused on ONE market, for now. The point here is that you don't want to have 3 answers about 3 markets. Answering about a single market takes enough effort to deserve to be a full answer in its own right :-) – Sklivvz Jan 25 '12 at 17:02
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    This may actually be a good question for [EconomicsSE](http://economics.stackexchange.com/)... – Chad Jan 25 '12 at 19:51
  • I think this question may have a problem with implied causation. I think the belief is that the problem is piracy causing lost sales, when the issue may actually be how the industry is dealing with piracy causing more piracy making the numbers off. – Chad Jan 26 '12 at 14:33
  • @Chad, surely that should be addressed in an answer and is not a problem for the question? There are claims that don't imply causation but state it explicitly such as in the last quote. – Sonny Ordell Jan 26 '12 at 14:45
  • I've reverted the title to what I had it set as originally. I think it is a better fit for the question and additional clarification in the title is not required. – Sonny Ordell Jan 27 '12 at 10:58
  • @SonnyOrdell - I added the software to the title because It was begging for me to point out all the benefits of piracy in the Gulf of Aden presently and of the Caribbean in the 16th and 17th centuries. – Chad Jan 30 '12 at 14:59
  • @Chad changed it so it isn't specific to software. – Sonny Ordell Jan 30 '12 at 15:16
  • @SonnyOrdell: Perhaps not representative, but look at the end of [this page](http://babel.de/amiga.html) from the author of The Amiga Guru Book, IMHO one of the best resources on programming AmigaOS. It was self-published in 1993, referring to AmigaOS 2.1. In 2008, the author cancelled the AmigaOS 3.x / 4.0 version of the book, which was basically ready to go to the press, *because someone made a HD scan of the 15-year-old, outdated, previous version available via bittorrent*. Even offers to cover any financial risks by companies did not sway him. He was just insulted by the lack of respect. – DevSolar Apr 29 '16 at 13:18
  • (ctd.) I don't know what the big companies are calculating on this issue, and if they are correct in their calculations. But for small self-publishers piracy is a severe financial risk *and* an insult. – DevSolar Apr 29 '16 at 13:20

3 Answers3

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The most recent review on this that I know of is File-Sharing and Copyright, a 2009 paper (pdf). The results are unclear:

Because the theoretical results are inconclusive, the effect of file sharing on industry profitability is largely an empirical question. We summarize the findings of some of the major studies in table 5. As the list shows, the results are decidedly mixed. There are two studies that document a positive effect of file-sharing on sales: Andersen and Franz (2008) for a representative sample of Canadian consumers and, more narrowly, Gopal et al. (2006) for the effect of sampling on CD sales.17 The majority of studies finds that file sharing reduces sales, with estimated displacement rates ranging 3.5% for movies (Rob and Waldfogel, 2007) to rates as high as 30% for music (Zentner, 2006).18 A typical estimate is a displacement rate of about 20%. One implication of these results is that developments other than file sharing must have had a profound impact on sales. For music, the popularity of new types of (internet-based) entertainment and the end of the transition from LPs to CDs are leading explanations for the overall decline in sales (Hong, 2004; Oberholzer-Gee and Strumpf, 2007). While many studies find some displacement, an important group of papers reports that file-sharing does not hurt sales at all (Tanaka, 2004; Bhattacharjee et al., 2007; Oberholzer-Gee and Strumpf, 2007; Smith and Telang, 2008). And even among the studies that show some displacement, there tend to be important subsamples that were not affected. For example, Rob and Waldfogel (2006) find an average displacement effect of 20% but report that file sharing had no impact on hit albums.

It also notes that many of the studies rely on questionable methodology. For instance, many rely on self-reporting (quite unreliable when surveying illegal activity), or use internet penetration as a proxy for piracy. It's worth noting that in the studies where researchers have actually collected data on file-sharing networks and measured file-sharing activity, the results have been "no effect":

We emphasize these issues because the results in table 5 seem to suggest that measurement choices have a systematic impact on results. While the majority of papers reports some sales displacement, the four studies using actual measures of file sharing (Tanaka, 2004; Bhattacharjee et al., 2007; Oberholzer-Gee and Strumpf, 2007; Smith and Telang, 2008) find that file sharing is unrelated to changes in sales.

For some fields, there may be complement effects. For instance, for music performers, a possible loss of sales may be offset by increased concert attendance:

As Table 6 shows, concerts and merchandising have become an important source of income for major artists (Connolly and Krueger, 2006). Concerts and new recordings are complements. A recording becomes more enjoyable if one can reminisce about the time at the concert, and knowing the songs in advance might make the concert more enjoyable. In the presence of complementary goods, file sharing will have two opposing effects (for a formal model, see Mortimer and Sorenson, 2005). As the effective price of music falls close to zero, a larger number of consumers will be familiar with an album, driving up the demand for concerts. At the same time, artists have weaker incentives to tour because concerts are a less effective way to increase revenues from a new recording if a large fraction of the audience shares files. Which of these effects is more important? Figure 6 shows that concert prices rose much more quickly than the CPI, and the difference appears to have widened since the advent of file sharing (Krueger, 2005). More detailed evidence on the link between file sharing and concerts comes from Mortimer and Sorenson (2005). Studying 2,135 artists over a ten-year period, they also conclude that the demand for concerts increased due to file sharing. One way to see this is to ask how many CDs an artist needs to sell to produce $20 of concert revenue. This number fell from 8.47 in the pre-Napster era to 6.36 in the 1999 to 2002 period. Not surprisingly, artists responded to these incentives by touring more frequently. Overall, the shift in relative prices and activities led to a sharp increase in income for the typical artist included in the authors’ dataset.

This tidbit from the paper might also be of interest, though it does not answer the question directly:

Overall production figures for the creative industries appear to be consistent with this view that file sharing has not discouraged artists and publishers. While album sales have generally fallen since 2000, the number of albums being created has exploded. In 2000, 35,516 albums were released. Seven years later, 79,695 albums (including 25,159 digital albums) were published (Nielsen SoundScan, 2008). Even if file sharing were the reason that sales have fallen, the new technology does not appear to have exacted a toll on the quantity of music produced.25 Obviously, it would be nice to adjust output for differences in quality, but we are not aware of any research that has tackled this question.

Similar trends can be seen in other creative industries. For example, the worldwide number of feature films produced each year has increased from 3,807 in 2003 to 4,989 in 2007 (Screen Digest, 2004 and 2008). Countries where film piracy is rampant have typically increased production. This is true in South Korea (80 to 124), India (877 to 1164), and China (140 to 402). During this period, U.S. feature film production has increased from 459 feature films in 2003 to 590 in 2007 (MPAA, 2007).

cwallenpoole
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Kaj_Sotala
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  • That's a really interesting report you found. Especially the part about Napster maybe reducing CD sales but being responsible for more concert tickets sold. – Sonny Ordell Jan 31 '12 at 14:33
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Correlation is a fact, widely known and denied only by IP industry. For example:

Those who download illegal copies of music over P2P networks are the biggest consumers of legal music options, according to a new study by the BI Norwegian School of Management. Researchers examined the music downloading habits of more than 1,900 Internet users over the age of 15, and found that illegal music connoisseurs are significantly more likely to purchase music than the average, non-P2P-loving user.

(source: ArsTechnica "Study: pirates biggest music buyers. Labels: yeah, right")

In Poland scientific report about digital culture has been recently prepared . ("Obiegi Kultury" ["Culture circulation"], currently Polish only, English highlights coming in February 2012). Some highlights of the report:

  • Report authors don't make clear distinction between "honest buyers" and "pirates" as they have found that distinction is not clear cut. The don't talk about legal status either, as that's also not clear cut. They rather talk about "official" and "unofficial" circulation. Unofficial circulation, besides downloads, also includes physical actions, such as lending/exchanging books/DVDs/CDs with friends. Report finds that official circulation in case of purchasing books/movies/music has reach of 13%, while unofficial one has 39% (33% downloads, 6% physical).
  • Report is based on poll of 1300 representative group of internet users (and generally available statistics for overall averages). Of these polled 72% do downloads, 92% if you include directly sharing with friends, and 98% if you also include physical sharing. (Interesting find, that even physical sharing is also mostly done by internet users).
  • On average only 29.8% of people go to see movie in cinema at least once a year, yet among these polled that percentage is 82% and there is high correlation between downloading more movies and going to cinema more often.
  • Only 5% of people who don't use internet have bought a book last year, versus 68% among these polled.
  • Only 1% of people who don't use internet have bought a music CD last year, versus 29% in just last 3 months among polled.
  • Only 2% of people who don't use internet have bought or rented a DVD/Blu-ray movie last year, versus 25% in just last 3 months among polled.

Conclusion is that exactly same people that by some are called "pirates", are the people who also are the best consumers of the cultural products (books, music, movies etc), and far more engaged in cultural activities than average.

The correlation is not causality, but the authors of the report suggest it's a case of a positive feedback loop (more downloading leads to greater interest in culture, greater interest in culture leads to more downloads and purchases).

RegDwight
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vartec
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  • That's an interesting answer, thanks. Regarding game piracy however several of the bigger studios consider it a problem, notably Rocksteady and Ubisoft. Could you cite a more reliable source for that point? – Sonny Ordell Jan 25 '12 at 12:23
  • Also, I wonder if the expense of implementing DRM is justified if they only gain 1 sale for each 1000 lost. I don't see how you could even measure that reliably. – Sonny Ordell Jan 25 '12 at 12:25
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    "People who don't care for watching mainstream movies don't pirate them, study shows." The correlation shown doesn't address the "what if" scenario of the people not pirating. Newell's success is an anecdote, and doesn't even show if piracy is really an issue in Russia. Carroll's anecdote also doesn't try to consider other factors that might affect sales. Even then his last line completely undermines your claim. Piracy cost them revenue. This isn't a robust answer. Can it be saved? – Oddthinking Jan 25 '12 at 13:22
  • ok, removed game industry part, as it's not really scientific – vartec Jan 25 '12 at 13:38
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    @Oddthinking: I don't see how your quote relates to my answer. And yes, studies do address "what if" scenario. Studies show, that eg. watching movies (even these downloaded in breach of contract) creates habit of watching movies (from variety of sources, including buying DVD and going to cinema). – vartec Jan 25 '12 at 16:13
  • I am not sure how relevant it is to compare those who are heavy users(presumably being digital pirates) to luddites or in undeveloped areas. The movie statistic cites the average person which is good. – Chad Jan 25 '12 at 19:46
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    @vartec: No, the studies do not show that watching movies creates a habit of watching movies. It shows correlation, not causation. And the correlation isn't that exciting. Hence, my comment. – Oddthinking Jan 25 '12 at 22:19
  • Actually, I will concede that the study suggests we shouldn't model people as "exclusive pirates" vs "exclusive law abiders" but realise there is overlap. That is helpful to the discussion. – Oddthinking Jan 25 '12 at 22:23
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    @Oddthinking: bit off a chicken-egg problem, but idea is that a person more engaged in culture, consumes more cultural products, including these from paid, legal sources. One thing though, the study talks about "official" vs "unofficial" circulation, where the first one is sales/rents, while other one is not only "piracy", but also lending books/DVDs to friends etc. – vartec Jan 26 '12 at 10:23
  • I'm reluctant to accept this answer because it is based on just one study, that I can't view till the English version is available. Also, is the study localized to Poland? I tend to lean towards the points you make but I'm looking for more evidence to support them. – Sonny Ordell Jan 27 '12 at 14:59
  • @SonnyOrdell: two studies actually, but I don't understand Norwegian, so I've only quoted English article about it. – vartec Jan 27 '12 at 15:45
  • @vartec of course, I'm sorry for not mentioning that. I was focusing on the Polish one as it covered many types of content which I think is more useful. – Sonny Ordell Jan 27 '12 at 15:49
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Check out this contradictory "answer" by Dana Holt, showing that piracy does have a negative effect. So my answer is not really an answer at all, but just pointing out that context matters. Personally, we are not going to copy protect our video games in our indie game studio, as we believe it will interfere with legitimate purchasers. However, if there was a way to tell if a copy of our game was illegitimate and have the option to show a message, as Dana's post speak of, we would love to do this.

Xonatron
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    It's an anecdote so it's really not appropriate here... for example some companies could be impacted negatively while others positively. That could be a positive overall impact. Dana's profile is available here http://stackoverflow.com/users/67386/dana-holt – Sklivvz Jan 26 '12 at 17:58
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    But it is actual proof of the contrary view, so I think it's worth having here. Where should it exist? Also, is there a way to format a link to a person without using the full URL, as in some sort of formatting tag? – Xonatron Jan 26 '12 at 18:28
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    It's not really, it's just (no offense) some random person claiming something on the internet. At best, he's providing a single data point. Secondly, even if he is right, it doesn't disprove that piracy can be useful. There is no claim that piracy is *always* useful. Finally, he's posting an argumentum ad verecundiam ("trust me, i am an expert"), but he's not publishing his data or his methodology. As such we can't evaluate the facts behind his claims, which is the purpose of this site. :-) – Sklivvz Jan 26 '12 at 20:03
  • @Sklivvz, I completely agree. As I said I will not be copy protecting my own software. But I think it's worth looking into and considering that in some contexts things are different. A single data point is better than none (pure opinions) which is all too often used! Speaking of general products such as music is surely going to be different than for specialized software. We shouldn't conclude piracy is beneficial for everything just because it works on music, for instance. – Xonatron Jan 26 '12 at 20:30
  • @Matthew I would tend to think that the underlying reasons people tend to pirate (laziness, greed, need, principles, hindered by price or whatever) would remain constant. Why would different content types surely have differences in how they are pirated? –  Jan 27 '12 at 09:44
  • @Jacob, you misunderstood my point. The reason for pirating is likely the same, but the consequence of pirating could very well be different. In specialized software if you were unable to pirate and the software was very much required by you leaving you with no option, then pirating could influence sales. As well as the method of handling piracy, as noted in Dana's answer, please read it if you have not. I'm not sure how or why you misread my point. – Xonatron Jan 27 '12 at 13:37
  • And why would someone down vote this contradictory answer and accept only an answer based on the correlation of music piracy, which, as noted in my above comment and I thought was obviously noted in my answer, that context of piracy *could* matter. Why accept a single data point (of music) and ignore another potentially correct data point, that if anything should be investigated further? – Xonatron Jan 27 '12 at 13:40
  • (In my above comment when I say music I mean music, movies, or anything very mainstream.) – Xonatron Jan 27 '12 at 13:50
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    @Matthew I didn't downvote you, but it could have something with your single data point being anecdotal. Even the crux of Dana's argument (that when piracy was prevented sales increased) is questionable in my opinion. – Sonny Ordell Jan 27 '12 at 14:57
  • @SonnyOrdell, I agree it's questionable, but wouldn't you say it's worthy of a note before we conclude an answer based on such mainstream material such as music and movies? It raises suspicion that piracy can, in some circumstances, have an effect. That was my "answer" which is why I labelled it as not an answer. I don't think we have a conclusive answer. – Xonatron Jan 27 '12 at 15:03
  • @Matthew I think it would be better as a comment. I think the claim that piracy is harmful is more commonly held and more commonly assumed to be true. It's basically the null hypothesis for all of these claims. There is no need to show evidence of suspicion when strong claims are being made from each side. As such, a single anecdotal data point doesn't really help to show anything, it's just evidence of a claim that "piracy is harmful", not that piracy *is* harmful. – Sonny Ordell Jan 27 '12 at 15:09
  • @SonnyOrdell, the question asks _can_ acts of piracy be more beneficial than harmful. The question really only asks for a single example. So my single example in the opposite direction is not really answering the question at hand but I am opening it up more by showing that it is likely a single act of piracy _can_ be harmful as well. I'll leave it at this. Move this all to a comment if you can. I agree it's somewhat out of place. – Xonatron Jan 27 '12 at 16:01