If people would buy the real thing, there would be no counterfeits

In Chapter 3 of Numbersense (link), I told the story of the software industry complaining that pirates stole billions worth of software each year. This estimate of the value of software embeds the fantasy that people who use pirated software would have purchased legal software at list price should piracy be eradicated. It's a failure to think counterfactually. Many people who use pirated software cannot afford, or do not want, to pay for the legal version.

The tech industry invokes this logical flaw frequently. Earlier this week [a month ago by the time this post is published], news broke that the U.S. Customs and Borders Protection (CBP) intercepted "counterfeit" Apple Airpods but quickly, tech-savvy observers pointed out that those earbuds are made by OnePlus for Android phones, an Apple competitor. The photos included in the CBP press release even showed the seized products in OnePlus packaging.

CBP estimated that the seized products had a value of $389,000, by multiplying the number of products with the list price of Apple Airpods. Such an estimate assumes that if OnePlus earbuds were banned, consumers would have all purchased the much more expensive Apple product. The list price for OnePlus earbuds is less than half that of Airpods.

In this ArsTechnica article, the CBP claims $1.5 billion worth of counterfeit products are seized in a year. This number appears to suffer from the same counterfactual fallacy. What would consumers do if OnePlus earbuds were banned? A proportion of them will go back to wired headphones. Another group will migrate to other earbuds that are in a similar price range as OnePlus. These are not merely speculation - we do know that these customers elected to buy OnePlus instead of paying double for Apple.

If everyone who purchased the counterfeits would buy the real thing at list price, why didn't they buy the real thing in the first place?

 

Comments

[Ken]

One of the main problems with pirated software is that it kills the market for lower priced software. Why buy a cheaper photo editor when pirated Photoshop is free, even if someone doesn't use most of teh features. Of course then Adobe introduced a subscription model, which makes piracy harder, but now they don't have much competition.