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ZippyDSMlee
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Joined: 2006-09-30

Zippy+ piracy +illicit profit= ZOMG COHERENCE?!!?
Or something like it. :P
(note: posting it here because its a better fit than OT)

The game industry is tightening up much like the music industry did; only the game industry is making a lot more profit while the music industry is rushing to its grave refusing to change because the times have made them antiquated at best.

From my simi informed and consumer leaning opinion sharing/downloading is a normal part of business and much like its close kin in real piracy something that will ever go away so the question is how can it be mitigated and managed?

Well the first thing would be to stop treating consumers like thieving witless sheeple, IE people who are out to rape corporate for all they can or so stupid they won’t care how much corporate rapes them by inflated prices and no way to return a bad game, the racket the industry has with retail has only strengthened sharing, who wants an overpriced mediocre game that cannot be returned, I’d like to see retail across the board stop taking returns consumers would throw a grade A fit.

Right of return is not a must if prices were lowered by 20$ then you would funnel that “presser” back into normal game buying that otherwise could only be relieved by “sharing”, DRM is an issue tokens have to go online activation is ok but tokens and online only situations are highly flawed and anti consumer, you want people to buy games but yet prevent them from buying them with pointless protections that cause so much problems people refuse to put up WITH them and questionable deving.

The damage caused by Sharing is dubious at best you have millions worldwide who won’t buy new, who won’t wait for the game to come their region that may be overpriced or edited down, other reasons are right of return and boycotting corporations, you cannot sell to those unwilling to buy and even if you could get 1/4th of them legally sold or suing them the money made from it would be a drop in the bucket, what is needed it s better understanding of the market, product quality, and pricing.

Bad business practices will not keep you in business long unless you are part of EA or activision or another monolithic conglomerate who spam’s out poo and make enough profit to keep on shoving it out in cans of spam.

The Game industry is following closely the spam design of hollywood and the music industry that alone will create a huge gap in those willing to buy in and those who just won’t put up with their nonsense, I have maybe 50$ every 2 months to spend on gaming I cannot afford to buy and forget as most consumers have adapted to do, sheeple are sheeple because they refuse to change and work for the betterment of something…. black sheeple are mostly all talk..ya know thos splitters in their butt sitting on the fence makes them cranky I should know…I haz a sore butt…but I regress…

But ok so sharing if oblivious to all but cocaine addicted CEOs what should be done to make the whole process “better”.

1. Price/return you have a choice or a combination lower the price of gaming by 25-35%, add a return charge of 25% to a game, at least do something to aid the process in this aera.

2. “CP Sharing Violations” The process of sharing violation works in 3 steps, you get sent a reasonable bill, with a list of IP address and what not, fail to pay or opt for court it moves to courts with your hardware and software confiscated at the leisure of the courts, when you are found guilty the final courts fees are added onto the fines, the fines cannot be more than 1$ a song and 15 a movie or game as for software I would suppose half its retail cost at a max of 80$ would do, you have to remember the court is not the place for the corporations to gain a profit but find redress to their issues in a reasonable manor, then we max fines at 3 or so grand, court fees alone can crush a individual, the added fines will aid to make sharing a frowned upon practice and yet not destroy the populace at large.

3. Bootlegging or for profit piracy is something that should be heavily punished, sharing should be a slap on the wrist, fines of full retail price per item sold plus court fees and jail time are all acceptable here, there is a problem with jail time, the jails are full of the poorer members of society who could not find a niche outside of crime so “higher collar” crimes like this will only have fines and parole to punish those that made illicit profit, so I say we “enhance” the punishment on illicit profit on illicit profit of 10K or more property is confiscated and auctioned off with the profit divided for the city/fed and the offended IP/CP owners, the reason I say 10K and not 5K, 5K is just not a lot of money now a days it’s nice to have but its easily worked off ,so 10K is good starting point IMO. To further explain how it should work anything bought with the illicit profit is illicit gain thus can be confiscated, a house or big ticket item that they owned prior cannot be touched even if 30% of its cost was funded by illicit gain or if they used the new profit to get a refi loan, these levels of protections are to make the process a bit more balanced, and to keep the court system from being too cruel. We could mirror it after current property confiscation laws based of the selling of drugs but I wonder how balanced they are, I want illicit profiteers to lose what they have gained and pay back fines as well but not lose the things that were gained outside of illicit profit.

My points with these lines of thought is the court is a balancing mechanism not a profit mechanism, you cannot sue a individual like you would a business, also if the media industry wants to police data then they should pay a extra UPFRONT fee (that they cannot stick on the loser in court) to the courts to help aid the courts to mitigate this mess, and trust me it’s a mess as media corps get larger and more out of touch harassment of the populace will only get worse, a fee the media industry has to shell out will help make them think twice (at least make sure things are in order) the courts expand their knowledge on the issue..then again dose the court do anything outside of judgment.

__________________

Ah modern gaming its like modern film only the watering down of fiction and characters is replaced with shallow and watered down mechanics, gimmicks and shiny-er "people".
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Incoherence is my friend and grammar my bane, which is the fulcrum of suffering I place upon others!:ZippyDSMlee
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