Issue 49 - 电玩世间

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Thomas Wilburn"Gradually, the rest of the world is beginning to wake up to the power of the Chinese economy. Entertainment software is no different in that respect." Thomas Wilburn tells of his personal experiences in China, where technological development is going hand-in-hand with rampant piracy.
 

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Original Comment by: Sideath
http://www.addictedgeek.com
As a Chinese-origin student living in the United Kingdom (I came to the UK when I was 4 fourteen years ago and have been living here ever since), I do regularly visit my extended family back in China around every two years. I must admit that sadly, Thomas Wilburn's 电玩世间 article was very true - I have kept up my Chinese Mandarin thanks to my parents, and every time I return to China, I can't help but buy fifty videogame CDs at 5 yen ($1) a pop. However, last time I went, I saw that they were selling double sided DVDs instead of CDs at 10 yen. I bought one, took one home, and to my amazement, I saw that there were over 10 full PC games on one of these DVDs, compressed to a tiny file size each - and these were not games like Gish on N - these were UT2005, Quake IV, Rise of Legends and the like. When HDDVD or BluRay start becoming popular - how many games will the pirates be able to fit on a disc this time?
 

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Original Comment by: Kevin Bryan
http://www.kevincure.com
I found Thomas' article quite strange. Here's my perspective: I'm a research economist focused on IP/knowledge goods, I worked for the Dept. of Commerce in Beijing (the ones who handle IP disputes), and I've shopped in 'piracy markets' from Xi'an to Shanghai. Some comments:

1) China does not have per capita income of 6800 US. That is a fair approximation of PPP income, which adjusts incomes for the fact that food, haircuts, etc., are cheaper in China than in the US. Game software isn't necessarily cheaper, so when considering whether Chinese can "afford" foreign IP, we should look at per capita GDP. Currently, this is around 1500US.

2) When the US was at a stage of economic development similar to where China is today, we had remarkably similar IP policies. For instance, the US didn't enforce copyright held by foreigners at all until the 20th century. The only was that it was guys like Charles Dickens, not the head of Gucci, who was complaining back then.

3) It is not only possible to make money in videogames/IP in China, but it is being done to a remarkable extent, with online and cell phone games the primary medium. Chinese software companies simply put up with a bit of piracy, knowing that they can sell enough legitimate copies to make the development worthwhile (commonly pirated, yet successful, software includes Rising Antivirus and PowerWord). Smart companies are selling (legit) copies of games like Half Life 2 for 48 to 98 RMB (6-12US).

4) There is enormous gain from piracy to consumers in two ways. One is that a lot of IP would not be released in China at all except through pirated routes. The second is that the amount of IP consumed at $1/disc is certainly higher than the amount consumed at $20/disc. This is important because the sole reason to grant IP protection (functionally a monopoly) is in order to incentivize the creation of an original work. If that work is being created anyway, the IP protection functions as a tax. I don't think anyone is arguing that, if only China had better IP protection, there would be a massive increase in the amount of games/movies/music/books produced in the world. We ought remember that IP is a balancing act, and not a right of an IP producer.

Indeed, some bits of the China piracy hysteria make even less sense than complaints about the videogame market. Consider the LV/Gucci/Prada market. Handbags, for instance, are widely pirated in China (and across Asia and S. America, for that matter). Everyone knows which are the fakes (they cost US5) and which are real (they are sold at a Gucci store in a nice mall). Those who can afford the real tend to buy the real. Those who buy the fake, by and large, aren't buying the real bag. It seems to me the only real harm here is that the rich bouffants who buy expensive handbags don't get to lord over the peasants quite as vainly because the man on the street won't know at first glance that the bag on their shoulder was actually quite expensive. I don't think that's enough harm for the US to risk our relations with China over.

(That said - the US spend quite a bit of effort on IP. It's the number one concern - bizarrely, in my opinion - of the US trade reps in China, and is brought up at every single high level US-China meeting. This is misguided.)
 

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Original Comment by: Thomas Wilburn
http://www.milezero.org
Thank you for such a detailed response! I am not an economist, but I'll try to address these as best I can.

1. Fair enough--you are correct. The CIA factbook where I got that figure lists the $6800 as "GDP - Per Capita (PPP)." My apologies for the mistake, and for any confusion that it caused. I am not sure, however, that it invalidates my point. In fact, it may strengthen it.

2. This is exactly right. I actually considered addressing the US history of piracy (see also a fine story on the radio show Marketplace focusing on the issue), but didn't for reasons of space and coherency. Were we correct to do so? It's hard to say--I would have to say that we were wrong to pirate then, and that it doesn't excuse China now. Many people have advocated loosening international intellectual property rights, including TRIPS, for developing countries. In many cases, however, those exceptions are in regards to drugs and other necessities, not to consumer goods like software.

It is worth noting that China has defended its human rights infractions in the same way: because of America's shameful history of slavery, says the PRC, we have no right to criticize. But two wrongs do not make a right. China is no more excused from piracy because of our history than it is excused from mistreating and detaining dissenting voices simply because of American slavery and segregation. To argue otherwise is morally bankrupt.

3. These points are addressed in the article. From page 6: "Of course, publishers aren't staying idle in the face of all this theft. They've discovered that some games can be profitable in China - namely, multiplayer online games that charge by the hour, often through pre-paid cards or state-owned cell phone accounts (World of Warcraft uses the former)." The last section also extensively covers companies that are beginning to expand into China, both in localization and production. I hope I have not given the impression otherwise.

4. This is, in my view, your most substantial criticism. I don't believe anyone--including myself, in this article or elsewhere--is arguing that there is no income at all being realized from sales to China, nor that products should be sold there for full price. I'm also certainly not saying that piracy is preventing the creation of original IP. Again, I apologize if I've given that impression. I'm honestly a little confused that you have gotten these ideas from what I've written.

My personal concerns regarding the market, which should be reflected in the article, are two-fold. First, there is the concern that piracy undermines the equilibrium of the market. We are not merely discussing customers that purchase software at far lower rates. Most Chinese consumers are getting their software completely for free, as the IIPA's numbers (90% piracy rate, remember) clearly show. They are not contributing even a dollar to the company that owns the IP. The free market becomes, pardon the pun, a bit too free.

These are not issues isolated to the lesser-developed countries. American consumers often justify their piracy in much the same way: we weren't going to buy it anyway, you can't show any direct loss. Nevertheless, it's counterintuitive to say that a theft hasn't taken place. IP rights may be a way to incentivize the creation of new works. But (and here is my second concern) in non-economic terms, they are also a way to recognize and respect the original creator, legally and morally. As someone who lives on the fruit of intellectual labor, I would like for people to not steal my work. Because I'm a writer, we have ethical terms like "plagiarism." I see no reason that the same can't be applied to software. Perhaps piracy is not ultimately an economic drag--it is still (in my view) deeply unethical.

My guess is that the US government finds these infractions to be annoying because so much of the United States production has become intellectual goods. We would like to sell those goods to other countries, even at reduced prices (we already do this with television and movies, as I'm sure you know). If the country simply takes those goods, it may profit internally, but clearly we haven't--hence the government's actions.

Now, your contention that piracy is harmless. I am not an economist, but I play one on TV: in my day job, when I'm not doing the freelance journalism gig, I work for the World Bank in a capacity that doesn't decide policy, but does expose me to a great deal of information about development. I talked with a Chinese co-worker about this article early this week, before this article went online. "Software piracy is not important," he said. "They pirate everything there--including food and drugs. People eat those, and then they get sick, or sometimes they die. That's a real problem." Clearly, his point is hard to argue with. Again, this isn't tied directly to the software market, and so I didn't write about it. But it does go counter to the benign example of designer handbags that you've cited.

As I hoped to show in this article, piracy isn't just isolated incidents of copied PS2 disks. It has become a crucial part of the Chinese economic machine and culture. Just as the huge size of the Chinese workforce had unpredicted effects on the world's markets, it also exaggerates the effect of piracy in ways that we might not see elsewhere. The culture of piracy and China's cheap labor has begun to affect other developing countries as well. I believe that it is dangerous to leave such a huge force unregulated--or, more accurately in this case, regulated by governance as fickle as that of the PRC.

I don't want to be a voice of alarmism, or of protectionism. I personally favor free borders and free trade. I wish China the best. My time there gave me the impression of a dynamic, optimistic, and above all pragmatic people. I liked it very much. I simply hope that the best for China does not mean riding roughshod over the rest of the world as it ascends toward superpowerdom.
 

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Original Comment by: Kevin Bryan
http://www.kevincure.com
Right on. Thanks for the response. I didn't mean for my comments to be critical in nature - I just wanted to point out that (in my view, at least) there is very little direct economic loss from piracy in China (and substantial gain), and further that the Chinese government is almost certainly maximizing their citizens' welfare with regards to IP. A maximalist position on copyright, given the present state of the economy, would not really incentivize any new creative works but would absolutely lessen their distribution in China after creation.

The fact that the author deserves some compensation is something I sympathize with - this is the European position (called droit d'auteur). I don't think this is enough, though; we don't allow copyright for databases and fashion design and mathematical formula and a whole range of creative work that takes a serious time investment because the economic harms vastly outweigh the gains to the original creator, and the original creator can nonetheless profit from their work (by first-mover advantage, after-sale support, etc.).

As for piracy outside of strict IP: pirated car parts and, if you can believe it, bottled water, is certainly a serious problem. I draw a line between "known" and "unknown" piracy; in the case of a DVD, everyone in the supply chain down to the consumer knows the work is pirated. In the case of bootleg Lipitor, this is not the case, which strikes me as far, far more serious. And, in fact, the Chinese government does take piracy of that kind much more seriously than they do handbags and PS games.

Last comment: I'm actually quite glad that Escapist did a China issue. They're a bit overlooked in the videogame scene, but will have enormous pull in future decades (they already do in cellphone and PC games). That said, piracy didn't start with China, nor was it made popular there. You can find, back in the mid-80s, pirated Atari 2600 carts in Brazil and pirated NES in Hong Kong. I can't think of *any* country at China's level of development who strictly enforces IP law - it would be nonsense for their citizens! The markets of Kazakhstan and East Africa have as many pirated GBA carts and DVDs as China (to say nothing of countries like Malaysia and Russia, which are far richer). I'm all for articles discussing the role of piracy in videogames, but we ought temper them with some background on how Western countries treated IP when they were (relatively) poor, and how the rest of the world outside China handles the piracy issue.
 

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Original Comment by: Kevin Bryan
http://www.kevincure.com
(And keep up the good work at Escapist! You guys and Clive Thompson make up the meagre total of thinking man's videogame coverage!)
 

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Original Comment by: Jason Robar
http://www.secretlairstudios.com
Right topic at the right time. But I think you need to dig into more detail with folks actually running businesses there - both westerners like myself and Chinese natives who have been making games for over 6 to 8 years.

Personally, I've been doing game development in China for the last 4 years. I now run a "co-development" model with 40 folks in Shanghai and 27 in the Seattle, WA, area.
We've had many many discussions on the "why do you 'crack' everything?" topic over lunch and dinner with my US teams trying to understand the Chinese viewpoint.
Interestingly - some of my staff in Shanghai will spend around 600 RMB for a legitimate name brand shirt while sipping a 30 RMB Starbucks. They don't buy the knock-offs - they save up and buy the real brands. They spend a stunningly high percentage of their disposable income on clothes. There is just as much of a 'status symbol' urge in the new Chinese consumer as there is in the American teenager who 'must have' the latest brand of jeans or shoes.
I actually think this is why the "free to play yet pay for items" based model is completely dominating the native and Korean MMO designs now. The Chinese consumer is becoming more appearance/brand sensitive in real life and avatar status is perceived the same way.
Thanks for taking the time to write the article.
 

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Original Comment by: Andrew

The essential philosophy of any pirate is 'if it's big enough to be pirated, it can afford to be pirated'.

Nobody pirates indie videogames, it's always Madden sports, Metal Slug or some other junk. Your entire argument is moot, piracy hurts nobody. Never, in the history of commerce, has a business been shut down due to rampant piracy.

This fearmongering is baseless. Nobody loses a dime. Not one. Nobody has lost a job to piracy, the only people who care about piracy is the people who stand to lose a few shareholders.

There's more to games than the CEOs at EA managing how they exploit the next big market overseas.

Of course, I wouldn't be lying if videogames weren't always like this, the industry has always been this fat and greedy. What would you rather have? The oppressive Chinese government imprisoning bootleggers for ludicrous periods of time? Or just letting it go?

Please, these types of articles are just as sickening and unreasonable as the 'video games make kids violent' ones.
 

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Original Comment by: Thomas Wilburn
http://www.milezero.org
I'm not sure whose article you've read to draw those conclusions, but it's not mine.

It is hard to take people seriously who feel that they can justify intellectual theft and other crimes on such shaky grounds. I've committed my share of piracy, obviously, but at least I didn't treat it like some kind of noble cause.