Internet Piracy of the 19th Century

internet-piracy-of-the-19th-century

H.G. Wells’ War of the Worlds was first published in serialized form in Britain’s popular Pearson’s Magazine in 1897. It was a huge success.

So huge, in fact, that Hearst published it in his Cosmopolitan magazine later that year in New York. Again, it was wildly popular, though its overall impact on the American populace was limited by Cosmopolitan‘s smaller print run. Hearst was no chump though, and in 1898 his Boston Post ran another serialization of War of the Worlds. And, yet again, the story did gangbusters. The Boston Post was widely read throughout all of New England. Wells had never had so many eyes on his work. The Post‘s serialization was so well-received it led directly to the release of War of the Worlds in America as a novel. The most significant thing about the novelized edition is that it was the first time War of the Worlds was printed in America legally.

Yup.

Hearst pirated War of the Worlds for both Cosmopolitan and the Boston Post. He sought no permission, he paid no royalties. In fact, the version that appeared in the Boston Post had undergone some rather severe changes to the text, foremost among them: recasting the entire story to take place in New England rather than Britain. Somewhat understandably, Wells kinda protested that, though to no avail.

Hearst pirated War of the Worlds. Moreover, he had it changed to be more accessible to the audience he was pirating it for in direct opposition to the wishes of the author.

And he wasn’t done!

The Boston Post‘s serialization of War of the Worlds proved to be so popular that he immediately commissioned a sequel! You can say a lot of horrible things about Hearst, but perhaps the worst is that he’s the prototype of every modern Hollywood exec.

Of course, Wells would have no part of writing a sequel. There were practical concerns to be taken into account. Y’know, like how Wells hated Hearst for all that piracy and editing. But, undeterred, Hearst found a budding American science and fiction writer Garrett P. Serviss to stand in for Wells.

Serviss and Hearst’s sequel, Edison’s Conquest of Mars ran daily in the Boston Post. It was the story of how mankind took the fight to the Martians with a fleet of space-borne warships designed, built, and armed by the story’s main character, Thomas Edison.

Because Hearst knew how to make a goddamn dollar. With fanfiction.

How did Hearst get away with it? Well, this was in the pre-Disney era of copyright in America. The rules were a little looser and enforcement was a little more lax*. Pretty much, as long as Hearst attributed “H.G. Wells” to the story, he was considered to have covered his bases.

But let’s take a look at the timeline, hmm?

H.G. Wells writes a serialized story.

The story is serialized without permission and reproduced on a vastly larger scale than was available to Wells through traditional/established/legal channels.

The piracy increases the public’s awareness of the author and the story in question. More people have now read his work than ever before.

An official collection of the serialized story is printed and it sells like crazy to the very people who already read it (more or less) for free thanks to piracy.

H.G. Wells directly benefits from his work being pirated.

Was Hearst in the right for pirating War of the Worlds simply because he could? Of course not.

Was H.G. Wells right to be upset over the piracy of his work? Of course he was.

The lesson here isn’t about who was right and who was wrong and how much an author’s feelings ought to be hurt.

The lesson is that people will seek the easiest ways to find original works. Sometimes that will be piracy. Those same people will then seek the easiest ways to support the authors of the pirated original works they cherish.

It has been this way since forever. The internet’s just making it easier to find those original works through piracy than in previous eras. But it also makes it easier for pirates to support those authors.

The way to get rid of pirates isn’t to fight them. 1) you will lose and 2) you will look like an old codger shaking his buggy whip at the newfangled autovehicle.

The way to get rid of pirates is to make it easier for them to support the authors they choose to pirate.

These aren’t evil people. They aren’t stealing things to ruin the lives of artists and writers. Pirates know a given work needs financial support if it (or the author) is to continue. If they enjoy a thing they happen to steal, then they will be inclined to pay for it so there will be more. The easier you make this for them, the more it will happen.

This is basic human nature.

*don’t get me started on what’s happened to copyright law in the 20th century; the victory of big business in warping public opinion and expectations of copyright law to benefit billionaires in the short term at the expense of culture, innovation, technology, and — in the long term — the billionaires too.

  • Teknoarcanist

    Here’s a fun thought experiment:

    “To everyone who pirated my last album — send me the link to your torrent and you’ll get a 50% discount.”

  • Josh Bell

    The part of this argument that I find most important is the ease of access aspect. There are a great many books (comics and prose), that I have found it exceedingly difficult to find in the traditional manner. The most glaring of these is Baum’s Oz books. The first one is easy enough to find, but the remaining THIRTEEN? Not so simple. Piracy was the answer. I suppose that’s not such a big deal, as they’ll be out of copyright, but the point is the same. Indy comics have the same problem. Due to the nature of comic readers, retailers aren’t very likely to stock extremely obscure books, and it’s so easy to miss potentially great books in previews. Sometimes, the only way to read this stuff is piracy. I’ll buy what I consume, assuming it’s available.

  • Scott!

    That might actually be a great idea if there was a way to implement it.

  • DMRGrimes

    Ask and ye shall receive – http://www.gutenberg.org/browse/authors/b#a42

  • Overwatch

    “The way to get rid of pirates is to make it easier for them to support the authors they choose to pirate.”

    This is it exactly. I am a pirate and I love Atomic Robo.

    I have bought all of the TPBs to date. (And random stand alone issues at the begining) I will continue to buy what you guys put out. Also, I evangelize to anyone about Robo when the subject of comics comes up. I am HAPPY to give you money. The same goes for my favorite authors, musicians, etc. And the easier it is for me to give them my money, the more of it will fill thier pockets.

    Speaking of… When are you re-releasing the Robo statue? :)

  • A83621

    “Those same people will then seek the easiest ways to support the authors of the pirated original works they cherish.”

    Prove it.

    I’ve never seen hard statistics which suggest pirates, on the whole, spend any more on music or other media than non-pirates. Until someone can present hard, objective data that music pirates are actually more likely to buy the music they pirated than not, or that game pirates are more likely to buy the games they’ve pirated, or whatever, it’s a load of horse shit.

    Until this can be proven the industry has every right to assume pirates on the whole just want things for free, because, hey, so far the numbers support that premise.

  • Crimson Magic

    Prove it.

    Give us the numbers that support the premise that “pirates on the whole just want things for free”, and perhaps more importantly, deter the sales of the media they pirate.

  • Overwatch
  • BWM

    I can’t say I agree Brian. If those newspaper articles could have easily been converted into novel form, with virtually no labor or supplies needed, would the people then have bought a book they already owned? That’s a big difference; sure, if I read a “pirated” book, I may then buy other books, or buy that same book sometime later when I want to read it again. But if I was GIVEN the book, why would I ever buy it? I think piracy now is largely a reaction to excessive laws, and I engage in it myself when I feel it’s nonsense that I still have to pay a record company 15 dollars for music from a long-dead artist, because that clearly is just a legal racket for record companies. But there is rarely a given distinction between that, and those who just pirate because they don’t want to pay for stuff.

  • Dasvaun

    Here’s how I see it. I can go to a site, download a game for my PS2, find a bunch of roundabout solutions such as softmods which require me to buy something else, then figure out how to properly burn a game onto a DVD in the right format, bang my head against the wall for screwing that up, then bang it some more for wasting an entire day learning how I couldn’t do all this crap….. or I could go to the nearest store and buy the game without all the damn hastle.
    Which would you choose?
    I guarantee that as soon as Sony finally makes PS2 games available on the PSN, the PS3 sales will double, if not triple.

  • http://twitter.com/bweinreder Bram Weinreder

    I kind of agree with all this and reflect it to myself.
    If I like an old band, then I’m inclined to download their entire discography or greatest hit album. Just because I can. However, if I like a ‘new’ band that’s still producing albums, I download the album with the song I like best. Then I set forth to BUY other albums I think will be great or their latest album.

    Start small. Hear a song on the radio. Like the song, download the album. Like the band, support them by buying some more albums and eventually the one you originally downloaded. Free samples have been winning crowds ever since money was invented.

  • Timothy T.

    A similar though different occurance of piracy was the Lord of the Rings being pirated over in the states by Ace publishing. People wrote to Tolkein after reading the book and he was quite furious and asked people to buy his. Ace had sold 100,000 copies in 1965 but within six months the offical version (95cents to Ace’s 75) had sold one million and Ace was forced to stop. The piracy helped Tolkien by creating media interest in the book. However, had there not been a fuss over it then I doubt Tolkien would have benefitted as much. The Ace version was just as good but cheaper. Where as the usual benefit in buying the offical version is in getting a higher quality product.

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  • Zantetsken

    One of the reasons I don’t buy CDs is because they’re obsolete. Rip it to your computer, stick it on your iPod, congratulations! You have added another useless disc to your collection. Worse yet, you paid for that heap of junk. You paid for the plastic case, the lyric booklet, the print on the CD, shipping it to the stores, paying the wages of the people working in the stores, etc. I would only be willing to pay for the music and album art.
    So the iTunes store must sound great, right? No, not quite… The songs cost about as much as a CD would cost, I think. Why would you pay the same amount if you don’t have to pay for all of the above mentioned costs? $5 a month is enough to get you unlimited bandwidth at any host, or the songs could be downloaded from torrents like they are now if the companies don’t want to pay for hosting. So basically they’re charging us too much. I might be willing to pay something more like 10 cents for a song, not a dollar. They’d probably get way more sales that way. I wouldn’t mind supporting an artist, but I don’t want to pump hundreds of dollars into paying for a useless disc and all the costs involved in creating, shipping, and making it available.

  • The Phantom Dingle Berry

    I can’t prove the whole argument. I don’t collect industry type statistics, and I’m never likely to, but I can tell you it is a solid fact that easy access to legal versions of an artists work, be it music, writing, or games, will get them more money than hiding the same work in some intellectual bunker.

    I can think of a dozen examples off the top of my head where somebody I know looked for a legal version for months or even years before buying a pirated copy. While I realize this may not be the norm, it also suggests there is a market for these older products, if only people could find them.

    It’s easy to call an unfounded opinion horse shit, but you can not deny that game manufacturers continue to build platforms to re-release old games, and that iTunes continues to make money while each and every one of their customers is able to steal their product easily.

    These companies would not continue to develop the platforms if they weren’t making money despite the easy availability of illegal art and software.

    I think this entirely provable fact would make the argument above a logically considered and well reasoned opinion. Not a load of horse shit.

    If you like, we can distill the argument to it’s very essence:

    Provide simple, legal means to purchase your product, and some pirates will pay for it because they’re basically decent people. Fail to provide those means, charge too much, or force people to jump through ridiculous hoops, and a bunch of people will steal it instead. And there is almost nothing you can do about it.

    There is quite a bit of hard evidence to support this position. So suck it.

  • The Phantom Dingle Berry

    See above…

  • http://www.nuklearpower.com Brian!

    “Until this can be proven the industry has every right to assume pirates on the whole just want things for free, because, hey, so far the numbers support that premise.”

    No, they don’t.

    Every instance of piracy is not a lost sale. Even if the pirate never buys the thing they stole, it’s not a lost sale.

    It can be hard to realize that because we’ve spent 10,000 years thinking of commerce and theft in term of physical products and only about 10 years thinking of it in terms of not-quite-real products.

    Now, certainly, some proportion of pirates are just greedy jerks who have no intention of ever supporting the works they love. No argument there. That is also basic human nature. But, again, the best way to fight them is to make it as easy as possible for them to support the work they’ve pirated. If they never ever give that support, guess what, they were never going to buy the “real” thing anyway, so you’ve lost $0.00 in sales.

    Yes, it’s “unfair” that they get it for free, yes I’d rather get paid for the work I do, but I’m not going to kick and scream because some people I was never going to get to support me will continue to not support me. That’s life.

    That some people choose to work the system to get something for nothing is basic game theory. It’s worth reading up on.

    But most pirates are not those people. Most pirates are like the people who read WotW in the newspapers. Most pirates just want to find things — be it music or movies or comics — they like. They are driven to piracy for a number of (often innocent) factors. Most pirates are regular human beings who want to see more of the things they enjoy. Most pirates understand that they have to show support for a work they’ve pirated if they expect to see more.

    Again, game theory and all, there will be that sub-section of pirates who bets that enough other people will give that support so they don’t have to. The only way to fight those folks is to make it difficult for everyone else to support you. Many PC games and their byzantine anti-piracy measures make it more desirable to pirate the game than to buy it because the pirated versions have already removed the intrusive (borderline spyware) security measures.

  • http://www.nuklearpower.com Brian!

    “But if I was GIVEN the book, why would I ever buy it?”

    What an absurd question. Do you understand how capitalism works?

    Did you enjoy the book? [Yes] Do you want to see more of that author’s work? [Yes]

    That’s why you buy it. It’s not about whether or not you’ve experienced the work in question already, it’s an investment in getting to see more work you’re inclined to enjoy later.

    It’s as basic as you can get on the whole “enlightened self-interest” thing.

  • Scott!

    Exactly.

    And I think most people are thinking along those lines. If not “most”, then a lot of people at any rate.

  • Scott!

    2011 for the statues.

  • Scott!

    I think webcomics are similar to to being a 21st Century version of this. You’ve already read the content for free. But then when those creators turn around and produce a physical copy of the material, or merchandise related to it, their fans buy it.

    How many guys do we know Brian who make a nice living off of seeling and reselling their webcomic work after first giving it away for free? (Quite a few, for you non-Brians.)

  • http://www.nuklearpower.com Brian!

    Literally everyone who makes a living from their webcomic — the sales of those books representing the vast majority of their income.

  • Scott!

    Right.

    And there have been documented cases of people seeing massive spikes in sales after their work was pirated.

    The most recent that springs to mind was (I think) John Allison. I don’t have time to hunt Google for it, but I read this just a few weeks ago.

    The guy’s work ends up on 4Chan or someplace like that. He goes there and engages in a dialog with the people and tells them how they cen get his work and support him at the same time. He sees the biggest spike in sales that he’s ever witnessed.

    I’ll try to find a link later if I have the time.

  • Timothy T.

    Something like that was tried with the World of Goo PC game. Users could pay what they wanted for it. Even as little as 1 cent. They got more sales but even then around 90% of the users on their high score table were still using a pirated game. So it doesn’t seem as if it’s price that matters, some people just pirate. And there’s not alot that can be done about it, trying to stop it with DRM or whatnot affects the people who buy the game properly more than the pirates. But still, maybe it’s different for different products.

  • Bill Reed

    Maybe it’s because I love obsolete technology– try to take away my turntable or Sega Genesis or RCA SelectaVision VCD player and I’ll cut you– but I’d rather have a CD than an mp3. It’s a physical object that can never be taken away from you if your computer crashes or your ipod fails or the DRM gets M’ed, or whatever. Digitalia is ephemeral, and I don’t like paying for ephemera.

    But then, I might also be a hoarder and an object fetishist. Not that there’s anything wrong with that.

  • Timothy T/

    Totally, I’ve GOT to have everything in a form I can pick up and hold. But I can’t help feeling that I’m gonna get left behind as technology advances.

  • http://www.nuklearpower.com Brian!

    Frankly, even if 99% didn’t pay after pirating that’s fine. Those are still people who wouldn’t have bought the real thing — in fact they specifically demonstrated that they wouldn’t — so you’ve still lost no sales.

  • The Phantom Dingle Berry

    iTunes has a number of advantages over physical recordings. Here are three.

    1. You can buy them without leaving the house.

    2. You don’t have to hunt for rare music. It’ either there or not.

    3. Let’s face it, few albums are perfect from beginning to end. Services like iTunes let you mix and match, so you actually do get greater value for the same price.

    If you don’t think the price music producers and distributors set is acceptable, then you don’t really want to support their work. You only want to enjoy it. That’s a lousy excuse for stealing.

  • Echarles

    Well, the obvious problem is that it is a bad model for the companies. The creators get such a small percentage that it is easy to believe that pirates are willing to pay them that much.

  • Echarles

    Speaking of which, why is it that more websites I want to support don’t have a “Donate $1″ button, or something like that. I HAVE bought t-shirts and books of webcomics just to support the authors. (I still smile when I pass my PLIF books on the shelf). That said, sometimes I don’t want to spend that much, but I’d be happy to directly give a few bucks.

  • Onion

    I actually have been reading the work of an author produced in a fashion like this lately. At the moment, his stories exist in an updating blog that, I’m sure, is likely to eventually see huge fan base and revenue opportunity as a result of his free work.

    http://violentharvest.blogspot.com/

  • http://www.nuklearpower.com Brian!

    It’s considered “bad form” or “amateur-ish” to provide that functionality. At least, that’s how the webcomic creator zeitgeist seems to operate these days.

    I had one for years and took a lot of shit for “begging” even though it was tiny and unobtrusive. So, I would get in a mood where I thought “Fuck it, I’ll take it down.” And then I would and within 24 hours I’d get emails asking me where it went because they wanted to support my work but not invest in a full on physical product.

    So, I dunno!

  • Overwatch

    2011! That could be as early as next week! I kid… I kid… I’ll wait patiently.

    Taps foot…

  • Jimjam

    I think a lot of the posts on music are missing the biggest point. If I pirate a few songs from an artist, really like them, and then find out they are playing a concert near (or not even that near to) me, I will purchase a concert ticket and see them live. That ticket will be more than I ever would have spent on their songs. It has happened before.

  • Daniel

    Maybe you guys could go on /co/ one day and just chat it up with us. I bet it would get quite a few people to check out Robo.

  • Scott!

    Yeah a very big name fantasy writer did something like this recently. Being the Master of Not Finding That Link I Wanted, I can’t say who it was though.

    He was on a gaming podcast called Atomic Array that I sometimes listen to. After years of working in more traditional publishing he’d decided to try going it alone. People would subscribe to his website to read the chapters as he produces them, and at the end of the book they got a physical copy of the thing.

  • Scott!

    No reason why we couldn’t. But what’s “/co/”? =)

  • http://www.nuklearpower.com Brian!

    4Chan’s comics board.

  • Blake

    Yes, the point is that when it comes to intellectual commodities, ‘piracy’ doesn’t mean ‘stealing.’ It means ‘copying.’ The creator doesn’t actually lose anything, per se. But he/she gains publicity.
    The pro-draconian copyright people argue that ‘if people have a choice between buying a copy and getting a copy for free, they will choose the free one, which means if x number of people want the work, only px will buy it now instead of x, so revenue decreases by a factor of p.’ This is probably true for some people. However, the availability of the free copies also makes for amazing publicity. The audience of the work is vastly increased. Even if only a small percentage of that new audience chooses to buy the work legitimately after the fact, that’s still a huge increase in revenue for the the artist. If 500000 people discover Atomic Robo by downloading a torrent of the comic, then even if only 20% of them buy it, that’s 100000 new sales.
    The question then becomes, will the number of people who want a product increase enough to compensate for the proportion of people who want it and refuse to support it? I think a big part of this depends upon the artist themselves. Artists who begin to act like nincompoops about copyrights are a lot less likely to motivate people to pay for their works.
    However, on a deeper level, the problem is that preventing piracy is impossible without shutting down entire means of communication. So, artists are left with a choice – try to shut down the internet (the ‘Metallica’ approach, if you would) or try to make sure that piracy works out in their favour.

  • http://www.nuklearpower.com Brian!

    Correcto!

  • Scott!

    Ah.

  • Timothy T.

    Exactly.

  • fgsfds

    “Many PC games and their byzantine anti-piracy measures make it more desirable to pirate the game than to buy it because the pirated versions have already removed the intrusive (borderline spyware) security measures.”

    Hear, hear! I was planning to buy Fallout: New Vegas but I decided to hold off when I heard it was on Steam. As a result, I got to play the game two days earlier than my friends who chose to buy it legitimately and who couldn’t get in because of Steam update errors and then were plagued by Steam deleting their saves. I still bought the game in the end, but I have no intention of ever installing it from the disk.

  • SE

    I think something to note in all this is that it isn’t only the things people like that get pirated. I’m sure there are plenty of people who have pirated things they hate down to a fundamental level; such as Microsoft products (or other non-luxury software). Where, even if the person never would have bought it if given the option and thus no sales are lost, they then will still bad-mouth it, and potentially turn people off from buying, or even pirating the product to use/experience it for themselves.

    If your work is pirated, and it isn’t good, you’re screwed because then, there isn’t even the initial sale to help continue your work and improve it in the process. With an established business that may just mean they shape up real fast, but with an entrepreneur it could mean never getting the chance to live up to potential.

  • Ironman288

    Where’s your proof that pirates spend any LESS than none pirates on media? My roommate regularly pirates movies and shows, but he also owns a collection that is easily over 500 DVD’s. He buys what he likes, and if he didn’t get to try things for free he wouldn’t know he liked them or not.

    I’m the same. I pirate a lot of anime, becuase I can’t watch it on tv for free. But if it’s good, I then buy the DVD’s. That never would have happened if I couldn’t download the show for free first, becuase I’m not going to spend 50 bucks on the dvd set just to see if it’s a good show or not.

  • http://www.nuklearpower.com Brian!

    I pirate all the PC games I’m interested in and buy the ones I like.

    [Prototype] was the worst for this. Pirated it, played through the whole thing illegally, then bought it on 360 for the Achievements, then bought it again on Steam.

  • Sauce

    “Most pirates are regular human beings who want to see more of the things they enjoy. Most pirates understand that they have to show support for a work they’ve pirated if they expect to see more.”

    This is a very big part of what got me into manga scanlations. I read them because of the awesome stories that I’ve come to love. If it has to be through and “illegal” method to get an English version of that story, then so be it. I’d gladly pay something if they were reasonably available somewhere but some of them just aren’t.

    I still buy Shonen Jump pretty much monthly because I want to give back to some of the authors whose work I enjoy. I’m glad there’s a way I can do that but some of these works have no way for me to do that. If they did, I would find a way to pay them and I’m sure millions of other folks that visit the online manga readers weekly would too.

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  • Lorax

    Pirated TRON 2.O (not the game that just came out, though I did try that one too and won’t be buying it) on a Friday because I /just couldn’t wait/. Spent the weekend playing it all the way. Bought it on Monday, when it hit the store.

    In the words of Kevin Flynn, “BECAUSE, man!”

  • Anonymous

    I’m obviously at least two days late for this debate, but I wanted to point something out–it isn’t 100% valid to compare piracy between video games and music/print. I know plenty of kids who had the money to pay for Assassin’s Creed (or the game du jour), and probably would have purchased the game if they couldn’t have stolen it for free. The theft wasn’t about intrusive DRM or “try it before you buy it”, it was about not paying for AC2.

    For a physical product like a comic book, it’s a valid point that a pirate may eventually want an actual copy. Originally I purchased the iTunes version of AR vol.1 #1-4. I paid $1 apiece, and decided that I liked Atomic Robo enough to buy the TPBs. For video games there is no such physical media. The conversion argument might hold weight for games with online hooks or other systems of delivering additional value for validated customers.

"The truth may be puzzling. It may take some work to grapple with.
It may be counterintuitive. It may contradict deeply held prejudices.
It may not be consonant with what we desperately want to be true.
But our preferences do not determine what's true."
- Carl Sagan