WAVES and PACE defend their anti-piracy hardware protection and respond to allegations of technical difficulties from a blog entry … and why, if this discussion really matters, we should look at it a different way.

At the beginning of the month, we pointed to a blogger who posted what was essentially a rant about why he was fed up with PACE. (PACE is a common anti-piracy developer whose technology is most often deployed as an iLok dongle, but available as software-only protection, as well.) The blog entry began with a series of technical problems, but developed into an argument about why the author felt third-party anti-piracy technology was problematic in general. There’s nothing so unusual about that, or even the fact that he announced he was "boycotting" products that use PACE. I’m sure you’ve heard people gripe about PACE and iLok; I’ve heard just these kinds of rants for years, and the word "boycott" does come up. (Whatever the equivalent of a "watercooler" is for audio — coffee maker? — it’s something you hear, period.) That’s not universal — some people are very loyal to PACE-protected products, and in some cases prefer an iLok to another solution. But complaints are common on the user standpoint; it’s no secret that copy protection in general is not something that users are enthusiastic about.

What made this slightly unusual was that the blogger, Adam Schabtach, works as a developer (for Audio Damage), and that a rant that a few years ago might have been shared with friends wound up on the Web. (The blog entry was NOT an official message from Audio Damage, but it did cause the blog to be received differently than if it had been a random user.) And because I believe in meeting these issues heads-on, I personally helped the story get more attention.

Of course, just as the Web amplifies rants, it also amplifies the responses. You can read some 86 comments in response to Adam, some very well-reasoned, some heated (including those who claim Adam was biased by being a developer). Sure enough, some people stepped up to defend PACE and iLok. Some did not, though there were two separate responses, one frustration with PACE, and the other with WAVES customer support. (I should note, these are not the same issue. Any developer, no matter their intention, can be bitten by unhappy users.)

There was also an official response: I was contacted by PACE Anti-Piracy. PACE had communicated with WAVES, the developer whose products Adam was using. Waves didn’t contact CDM, but PACE relayed this response from them. Specifically, both PACE and WAVES called into question the blue screen that had so frustrated Adam, claiming it had another cause:

The last written correspondence WAVES had with this user was over two years ago. No other mention in their database of correspondence with this user under this name.

In this "article" the user mentions to different scenarios where he has attempted to install/use Waves.

It is difficult for Waves and PACE to comment on the first attempt as there are not enough details for us to diagnose the problem. [PACE agrees - not a lot of info and historically very very few if any Mac issues seen].

A Waves tech rep will not recommend a user to reformat his system unless; they have found a number of symptoms indicating a major problem with the system. This is extremely rare. I can speak for my self, handling thousands of cases by phone and email where I have maybe suggested 1 or 2 users that they need to reformat their system.

[Note: PACE will NEVER recommend such reformatting due to any PACE issue as that is not how issues can be resolved].

The second scenario is not PACE related, this is an issue with Windows DEP (Data Execution Prevention) protocol.

“The installer almost immediately informed me that it had to restart my PC, so I let it. It launched itself automatically after the PC rebooted, started the installation process, and then my good faith and efforts were rewarded with this: (picture)”

There is a very simple fix to overcome this. All of WAVES tech support reps are aware of this issue and are able to resolve this issue within minutes. Period.

End of Waves response.

Since this description and Adam’s didn’t match up, I went back to Adam to find out what he had to say about Waves’ response. He wrote back:

Updated: A PACE Anti-Piracy official has officially requested that we remove an image of the iLok product. While they asked not to be publicly quoted, they have challenged the technical accuracy of Adam’s blog post, saying they don’t believe their product caused the Blue Screen of Death. If PACE chooses to release an official reply, we will share it.

The debate over copy protection in music software and anti-piracy tactics continues to heat up. Now Adam Schabtach of Audio Damage, the popular plug-in developer, has fired off a call for a boycott of products that use PACE and the iLok hardware dongle. And that means that Waves is again a target, in this case because Adam himself had technical difficulties resulting from the copy protection scheme. But here’s his argument: the problem isn’t copy protection per se, it’s that developers have to cede control to a third party when the technology breaks.

This points up the biggest problem with PACE: if something goes really wrong, the maker of the PACE-wrapped product can’t help you. They didn’t invent PACE, they can’t fix bugs in PACE, they often don’t even know enough about PACE to troubleshoot it (which is not so much a reflection of their ignorance but of the sheer arcane complexity of PACE and the amount of information about it which its makers do not release even to their customers). Their only recourse is to tell you to wipe your hard drive bare and start again. This is one of many reasons that Audio Damage doesn’t use PACE: we want to help our customers make music, and we don’t want to be in a position in which we have to say “sorry, can’t help you” if something goes wrong with one of our products. Of course, unlike Audio Damage, Waves doesn’t offer a money-back guarantee for their products, so in the end I was stuck with software I’d paid for but couldn’t use.

Adam just doesn’t like copy protection, right? Well, no, in fact. The issue is that while PACE fails to stop piracy (something admitted by Waves themselves as they sue studios around the world for millions of dollars), PACE did succeed in stopping Adam from using his software:

I went to the Waves website, logged in to my account, downloaded the latest installer, and retrieved my iLok from the shelf upon which it was gathering dust. I backed up my hard drive (”once bitten, twice shy” and I’ve been bitten way more than once by PACE), launched the installer, and held my breath. The installer almost immediately informed me that it had to restart my PC, so I let it. It launched itself automatically after the PC rebooted, started the installation process, and then my good faith and efforts were rewarded with [a Windows Blue Screen of Death].

… A PC running Windows puts this up when something goes really, really wrong and the OS makes the unilateral decision to bring all proceedings to a halt in order to prevent further mishap. Seeing this screen is the computer equivalent of seeing your car deploy its airbags.

The final analysis:

PACE doesn’t stop piracy; any copy-protection system can, and will be, defeated. What PACE does do is prevent legitimate users of software products from using products which they’ve paid for.

Why I Boycott Products That Use PACE/iLok (and Why You Should, Too)

PACE/iLok is the leading provider of this kind of copy protection, so I expect we may hear a response. If I can get a statement from them, I’ll post that soon. But I will say, Adam is not alone in his frustration. Developers will continue to make the choices they feel are right for their business, which is their prerogative — but it’s likewise the choice of their customers to vote with their wallets. I do know users who are perfectly comfortable with iLok. Let us know how you feel, and whether copy protection has influenced your purchasing decisions.

Updated: Note that we’re talking about two different kinds of copy protection offered by PACE. One is the PACE software protection, which does not use a hardware dongle (or “hardware key” as PACE prefers to call it). The other is the iLok.

Already, readers are split: we’ve got Max/MSP users (myself included) who haven’t had problems with PACE software protection, and even some iLok hardware users who haven’t been bothered. But there are some strong arguments against the hardware dongles, to the point of cutting into sales, something developers may want to watch closely. Keep the feedback coming.

BanPiracy.org is a independent organization pursuing “copyright enforcement” for pirated software, targeting studios with sting operations and lawsuits. Recently, I challenged them to demonstrate that they have other developers onboard aside from Waves Audio. That seems reasonable, given their website claims they have been contracted by “many of the biggest names in the industry” and that they’re the “leading rights advocate for the audio software and digital content industry.”

Ross Johnson of PR firm Strick and Company contacted me this week to say BanPiracy had responded to my challenge and, presumably, various criticisms these tactics have attracted. (Paris Hilton and Halliburton have turned to his firm, which is known for defending companies in crisis.) Ross writes:

“As a big fan of the lively discussions on your user forums relating to BanPiracy, I have encouraged my client to respond to your challenge recently posted.”

The response is titled “BanPiracy Says Thanks to the Brave Ones on Its Anniversary!” and was sent to various media outlets. Now, I’m likewise a fan of lively debate, so I want to thank Ross for encouraging BanPiracy to join the discussion.

But the answer to my challenge, evidently, is no, they can’t demonstrate that they have any other developers onboard. They even acknowledge that the fact that they’re a for-profit endeavor might “be a tough sell.” They manage to copy and paste supportive comments from a trade group and an anti-piracy manufacturer, but take those quotes out of context (including, bizarrely, a comment left here on CDM by one of our own contributors — he has a few, ahem, words for BanPiracy in comments now that they’ve distorted what he said).

Here’s the full response, penned by Tomer Elbaz and Michael T. David, COO and CEO respectively. I’ll say this: couched in epic battle terminology, it isn’t PR speak:

How do you get new customers? How about filing lawsuits and taking a break-your-legs-style approach to busting recording studios via covert operatives? Yes, it’s Banpiracy.com, a new private business dedicated to threatening studios unless they “go legit.” Their efforts got started as part of Waves controversial sting operations in European studios. Now they’re coming for you Stateside, as an independent copyright police. First, they claim 50% (in the US) to 80% (in Europe) of studios pirate software, with no evidence to support that claim. Then, they plainly state their mission is to be a group of legal vigilantes, filing hundreds of legal actions around the country and taking on dozens of studios here in the US. (Great AES announcement; thanks.)

Let’s be clear: I’m absolutely opposed to piracy. It really has damaged the industry, and it really is often perpetrated by people can afford to pay. For people who can’t afford the software, we’ve been big advocates of cheap, freeware, and free/open source software that can be used legally. But making anti-piracy efforts look like brute thuggery is horribly damaging for an industry that’s been working for years to try to encourage positive relations with its customer base in order to compel them to buy software as choice, not out of fear. I’ve talked to many developers who, despite their concerns about piracy, have worked really hard to build that paying base of users, through mutual trust. And I can only see this nonsense having one effect: hurting the efforts of developers who have fought piracy by using sensible product authorization, providing great support, and taking an active role in the music community.

SonicState.com got a great interview, which is nice, as it means I didn’t have to talk to them:

AESNYC07: More On The Waves Antipiracy Campaign

And developers, please, we’re happy to help you sell more legit software; let’s stay away from these guys. They’re creepy. This isn’t really an anti-piracy effort; they plainly state they’re out to make more money for their clients. And that’s called extortion.

Updated: Amidst the roiling debate going on in our comments now, here’s an excellent and quite balanced article from Pro Sound News Europe. They detail the tactics used. In fact, what Waves/BanPiracy is doing is legal. Whether it’s good PR for existing, legitimate customers is another matter.
Waves tackles the cracks [Pro Sound News Europe]

Another observation, if I’ve got this right. Some readers do feel combating piracy may take this kind of strong-armed approach. But, so far, the only confirmed client of BanPiracy is still Waves. That means, whatever claims BanPiracy makes about the industry as a whole, it’s possible no one else is willing to take these kinds of measures. If you hear otherwise, let us know. But sticking to dongles, serials, authorization, and old-fashioned customer outreach may remain the solution for most developers.