So the studio where there may or may not be pirated software in use is the property in question? How is that Waves' territory? Only the software they designed and sell is their property, not the studio they contract under false pretenses.
They paid to come into the studio. THere's no such thing as false pretenses. If they want to pay to come into the studio and stand on their head the whole time, that's their business. They paid for it. As I said above, if you went into a studio and said you wanted to film your session so that you could improve later, do you think that a legimate studio would stop you from doing so? If not, then how is it any different that Waves went in an filmed something?
If the laws are insufficient and difficult to enforce, perhaps Waves should direct their efforts towards improving legislation and enforcement rather than vigilantism.
Well, that's an obvious idea. The problem is that there's no answer. There are already laws on the books, people just ignore them because they can. Can you come up with law that would make the people stealing the stuff stop? There isn't one because they know they won't get caught anyway. There are only really two ways to deal with it. Technical means to try to prevent, and reactive measures like this to try to deal with it after it happens. Law enforcement is pretty much a complete waste of time with this kind of thing for the most part, if the folks involved aren't professional pirates. They aren't going to spend their time busting studios looking for software when there are many times more dangerous stuff to take care of first.
No matter if the intent is to protect private property, entrapment is entrapment, and I suspect most courts would toss out any legal action against studios caught using pirated software in this fashion.
How is that entrapment? Entrapment is when the accuser coerces the person into comitting the crime. The crime was already committed here, and all Waves did is document it. Personally, I think that Waves is doing them a favor by not pressing criminal charges against them. That would probably do more harm to their business and person than just making them pay up plus interest. But either way, the cost of Waves taking them to court would probably be prohibitive, which is another one of the ways that IP owners have no effective rights. When your product is stolen many times over by a small group, the going to court works. When it's stolen by many people in singls units, it's not practical. You'll go broke just trying to go after a tiny fraction of them.
Even though the end user is at fault, the real criminals are the hackers that crack protected intellectual property and distritbute it in public forums. Aren't these the persons Waves should be persuing, and not their potential customers?
Again, an obvious thought, but how do you do it? It's almost impossible. Many of them are overseas, probably a fair number in Russia, where they can't get gotten at. If it was that simple, this wouldn't even be a problem. So, as in the drug war, where the crackers are overseas and the only people on home territory are the buyers, you are often stuck with going after the demand, not the supply.