Lloyd Shepherd 

Lloyd Shepherd: My parley with ebook pirates

When the author of The English Monster found a request to pirate his novel circulating on discussion board Mobilism, he decided to respond himself – and was surprised by the results
  
  

Skull and crossbones pirate flag
Skull and crossbones. Lloyd Shepherd found himself a victim of the web's loose anti-piracy legislation. Photograph: Ian Mckinnell/Getty Images Photograph: Ian Mckinnell/Getty Images

My novel The English Monster was published on 1 March. A week later, a Google alert dropped into my inbox with a link to a forum post on a site called Mobilism, on which a character called "Fe2" was offering a reward to anyone prepared to produce a free ebook version of The English Monster for him to use.

Most books these days are pirated in some form or another, and having worked on the web before I was a novelist I was anticipating that with a fair degree of sang-froid. But this was the first piratical move on my book, and it was also an oddity – more an incitement to piracy than piracy itself.

This, I discovered, is how Mobilism works. The site is essentially an enormous discussion board. It started, as far as I can make out, as a place where people made "mobile" versions of games and other stuff and offered them to each other. It now offers mobile (read: pirated) versions of movies and music as well as games. And books. Lots and lots of books.

However, I need to be careful about my terminology, because Mobilism is very, very careful about its own. It states, often, that it does NOT host any files of pirated material on its own servers; it only links to them. It also provides a kind of currency mechanism for people to reward each other for producing pirated material; you earn things called "WRZ$" by posting on the site, and you earn a great deal more by producing versions of content and making them available for other users.

But – and I am being careful to repeat this – these versions are NOT hosted by Mobilism. All that Mobilism requires is that you put your pirated material at a website address where other users can download it, for free, without registration. Mobilism is like a catalogue of links to other people's warehouses. It's an index, not a repository. It's exploiting a characteristic of the legal arrangements around the internet – that you should be able to link to something without becoming liable for it. This is an essential element of what makes the web work. It also allows Mobilism to create entire cathedrals to pirated content, without hosting any of that content itself.

(As an aside, this legal arrangement is now under some attack. Richard O'Dwyer is right now facing extradition to the US to feel the wrath of the Hollywood entertainment industry for building a site that contained thousands of links to pirated material. It's hard to understand why O'Dwyer is attracting this kind of legal firepower, while no one seems to be extraditing Mobilism's owners. Perhaps because, as far as I can see, no one knows who they are.)

Many writers in my position, I know, have gone into a rage when their books are pirated – particularly those with no experience of the legal ways of the internet. How can it be, they yell, that these clowns are stealing my livelihood? And I felt some irritation, of course. But blind anger wasn't getting us anywhere, and here was an opportunity to ask this guy (in my head, he's a guy, although she may well not be) what he thought he was doing. I went on to the forum to put it to him. This is what I said:

So, I'm the author of The English Monster. Can it be that you're offering to pay someone to create an ebook of the book I wrote? I'd be interested to hear your justification for this. For your interest, this book took me two years to write, and represents (on a rough estimate) perhaps 500 hours of work on my part, not to mention the time and effort put in by others to design, print, copy-edit and produce the final version. And you're proposing to pay someone else – someone who had no part in the making of the book – to produce a copy for you. Is there a good reason why you can't pay through normal channels for my book?

Please understand me – I am genuinely interested in what you've got to say about this. This is my first book, and this is my first experience of someone attempting to produce a pirate version of it (I do not use the word "pirate" pejoratively, mind). Is there any reason why I shouldn't expect to be compensated for the time I have put into this?

To my surprise, this attracted a response.

Mr Shepherd, I can tell by your measured reply that you are trying to be as fair and nonjudgmental as possible, so thank you. I am not sure how to answer you – and our messages will no doubt be deleted soon.

Bottom line is, there is no justification or reason that would or should ever satisfy the author of original content. Anyone that tries to make sense of this process (that publishing houses are greedy; that knowledge should be free … just two reasons that I have seen bandied about) is just fooling themselves. There is also a Robin Hood aspect to this, that perhaps you may understand. Either way, I don't think there is a way of putting this digital information era genie back into the bottle.

I wish you every luck in future.

This was the point at which I did, I confess, lose it for a moment. This was such a stupid collection of cliche and childishness. It's the kind of pseudo-anarchist garbage we've come to expect from the more militantly dumb wings of the anti-copyright campaign. I wrote a long reply (you can see the entire discussion here) which said, in summary, that if authors couldn't get compensation for their work there would be no authors, and didn't he know that Coleridge and Wordsworth only wrote Lyrical Ballads to fund a holiday in Germany, and why was he blaming this "digital information era genie" for his own bad behaviour. But, you know, friendly-like.

At this point, two things happened. First, the mysterious powers at Mobilism moved the forum thread from its original location under "ebook requests" to a new place called "fulfilled ebook requests". Meaning, I suppose, that they had recognised I had a problem with what was going on, but didn't want to delete the topic. For this I give them some credit (perhaps in the form of WRZ$).

The second thing was that "Fe2" sent another reply, which again I reproduce in its entirety.

Mr Shepherd, again I thank you for your considered, elegant reply. I felt replying to you was not only appropriate, but mandatory.

A small note in closing, as the thread has been moved (but not deleted – my thanks to the moderator who made that decision): it was not I who advanced those reasons that you read. I do not for one minute think that any author is being "greedy" for wanting payment for their labour, nor do I think all knowledge should be free. In fact, I cannot fathom anyone thinking that, but I wrote it because I have seen some people in other fora write those very reasons as to why they want ebooks without remuneration. Slavery, which is work without payment, was abolished in all civilised lands a long time ago, so I wish said people would read our thread and understand that.

Me, I have lived in Africa and Asia, in such remote locations that it is difficult to get internet, let alone ebooks, even if locals could afford that. Yet I've met some who try to reach for better things in life, such as current or helpful books to read, and find their options curtailed by circumstance. I know it is no excuse, but since you ask for elucidation, that is mine.

I veered from rage to puzzlement. I even wondered if this post was the product of some kind of bot. The reply did posit a reason for this guy's behaviour. There was a sort of psychology at work. But it was pretty thin: he says, for instance, that "I have lived in Africa and Asia", where presumably ebooks are hard to get hold of legitimately, but he says it in the past tense. He doesn't let on where he lives now. As a friend pointed out, he basically seemed to be saying, "Yeah, you're right, but, you know, what's a guy to do?"

I decided to go into the main Mobilism forums and start a new topic, called "Novelist seeking understanding". I asked people to explain how they justified to themselves what they were doing, or whether they even needed to. I also wondered whether they thought what they were doing would damage the culture in the long run, if authors became disincentivised to write. It's had some pretty interesting responses. The reasons and justifications given for pirating ebooks include:

• that sharing a book is great publicity for the author. Lots of quoting of Paolo Coelho and Neil Gaiman here, who've both said this sort of thing recently;

• that people who travel a lot like the convenience of ebooks, and if they already own the book in physical form they feel justified in getting a free copy;

• that this kind of "free sharing" allows people to sample books (again, it's great publicity, is the argument).

Now, two of these are not justifications for freeloading; they're after-effects. If I let people pirate my book, this argument goes, I get publicity and create a "debate" around myself which gets me noticed. Only one point (the second one) is an actual attempt to justify piracy itself.

But all of the people who replied to my original post denied being "freeloaders" – they claimed to still buy books, as many as they ever did, if not more. Their argument seemed to be that Mobilism provided a platform for discussion and, yes, sharing of books – and that this kept up a high level of appetite for, and interest in, new authors.

Obviously missing on the forum were the voices of those "pirates" I had demonised in my own head: the ones who pirate gleefully and indiscriminately, who host vast folders of free content, who give the finger to anyone in a suit and tie and believe they are changing the world one cracked DRM at a time. You know. Pirates.

I'm not naive. I do believe that in the long run I am damaged by piracy more than I am helped by it. I also know that my publisher, on whom I depend for income, support and promotion, is severely damaged by it. On that level, I want it to stop. This feeling is made even stronger by the realisation that Mobilism can sell advertising (and presumably generate a bit of revenue for someone, somewhere) on the back of well-organised and ongoing larceny. Somebody, somewhere is making money from my own labour.

But I see the sense of what the well-mannered people who responded to my question were saying, and I have some sympathy for what Gaiman and Coelho have been saying about piracy – that the more it happens, the more people find out about their books. Neil Gaiman's recent point – that no one buys their first book, they are given it by someone – is a strong one. But then, Gaiman and Coelho are established authors. Is this kind of free-for-all the best way to launch a new author? I simply do not know.

Whatever my own response, publishing as an industry could respond to this. Is there a mechanism that allows people to discuss and share books, sampling them and even giving them away, in such a way that encourages the social appetite for books and reading? Could there be a platform for people to access books in places where local deals have not made them available through traditional channels; a kind of global meta-copyright which stands where no local copyright licence has taken place? How we do either of those things is beyond me, and perhaps beyond anyone. What I can't deny is that my parley with the pirates was more fruitful than I expected it to be, and there's a lesson in that for all of us.

 

Leave a Comment

Required fields are marked *

*

*