Deus Ex Leak Ends in Lawsuit

[Logan Westbrook]

Deus Ex Leak Ends in Lawsuit

Pirates used an Italian journalist's credentials to grab game files.

Square Enix has busted out its lawyers on the people responsible for leaking a preview of Deus Ex: Human Revolution [http://www.amazon.com/Deus-Ex-Human-Revolution-Augmented-Pc/dp/B004EIOH80/ref=sr_1_1?ie=UTF8&qid=1309954652&sr=8-1] earlier this year. The build was intended to only be seen by the press, but ended up on torrent sites in late May.

The publisher's complaint named "Does 1-15" as the defendants, as Square Enix didn't know their real names. The suit described how the game ended up online, with the unnamed defendants downloading it from Steam using an Italian journalist's credentials and then uploaded the files to torrent sites. The suit said that the IP address used for the download did not match the one used by the journalist, or any associated with the journalist's publication, GMC. Square Enix stated that it had suffered damages in excess of $5,000 thanks to lost sales, and was seeking an unspecified sum in restitution.

While Square Enix is apparently not happy about the leak, it's thought that it benefitted from it. The leak allowed Deus Ex fans, who were skeptical about whether Eidos Montreal could possibly make a worthy successor to the original, to see the game and assuage their fears. Some even speculated that Square Enix had orchestrated the link itself to generate excitement about the game, although this lawsuit has seemingly put paid to that; the publisher is unlikely to waste the courts time for a marketing stunt.

Deus Ex: Human Revolution comes out for PC, PS3, and Xbox 360 on August 23rd.

Source: Patent Arcade [http://www.patentarcade.com/2011/07/new-case-deus-ex-preview-leaked.html] via CVG [http://www.computerandvideogames.com/310481/news/square-enix-sues-over-deus-ex-leak/?cid=OTC-RSS&attr=CVG-News-RSS]




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[ImprovizoR]

Just let it go. People who played the leak version say the game is amazing so it's like a demo. A lot of people pre-ordered the game after playing the leaked preview.

 

[GiantRaven]

Square Enix stated that it had suffered damages in excess of $5,000 thanks to lost sales, and was seeking an unspecified sum in restitution.

This makes no sense. How can a illegal download of a non-finished game constitute as a 'lost sale'?

 

[Kiefer13]

Well, at least it's apparently good. I'm certainly excited for it and will be getting it on my birthday (three days after release).

 

[Actual]

I'm not sure this wasn't faked. Normally when a games company goes after pirates they sue for a billion trillion dollars! A reasonable demand of $5000 makes it seem half-hearted.

Also what happened to the story that it was an Armenian dev who had a break-down and walked out with his hard drive before disappearing into the sunset? I liked that story more.

 

[RobotNinja]

I don't condone this sort of action, but its good to know the game is good. I might pre-order it now.

 

[pspman45]

Well, at least it's apparently good. I'm certainly excited for it and will be getting it on my birthday (three days after release).

dude...
thats so weird, thats my birthday too

 

[viranimus]

Square Enix stated that it had suffered damages in excess of $5,000 thanks to lost sales, and was seeking an unspecified sum in restitution.

Answer:

A: earlier specification they have no clue who did this outside of an online pseudonym, but launching a lawsuit anyway.

B: Sueing for "lost sales" for a game that isnt even released, and knowing how many people will not purchase because of the leak before its even went on sale.

C: Expending court time and resources for litigation trying to make ... only 5 grand (which would be less than the cost of one atty). Or using US pricing... the equvilent of 83 copies.

D: This is just another example of how out of touch with reality SE has gotten so All of the above.

Question: Which statement most accurately reflects the sheer unadulterated stupidity of these actions by Square enix?

 

[ActualOvaltine]

Look, I have no shame in saying I tried out the leak because this series is one I treasure as my one of my favorites and I was worried that it would end up like Invisible War and utterly disappoint me. Every fear I had went away and I could not help but smile as I played through it. It was amazing honestly. So I pre-ordered it and will get it on day one, something I would not have done at all if I had not seen that Eidos Montreal is working on something amazing.

 

[WabbitTwacks]

Square Enix stated that it had suffered damages in excess of $5,000 thanks to lost sales, and was seeking an unspecified sum in restitution.

This makes no sense. How can a illegal download of a non-finished game constitute as a 'lost sale'?

yeah, I was puzzled by that too.

anyway, most of the people who illegally download the games wouldn't buy them anyway so that 'lost sales' concept is a bit slippery.

 

[Illithidae]

I can't see how this could NOT be a good thing.
I mean sure, it's a leaked copy of the game which is (likely) completed, considering it was going to be seen by the press, slightly incomplete even..
..I'm sure anyone with the determination to find that guy's credentials to download and torrent a Deus Ex sequel would then at least buy the game. At the very least there'd be a decent reason behind doing it.
Wish I'd preordered it now, though. D:

 

[Lanhavoc]

Yeah cause no one has ever wasted time in court for a marketing stunt...

 

[de5gravity]

Played the build, loved it so much, pre ordered the augmented edition. That is all

 

[Staskala]

Square Enix stated that it had suffered damages in excess of $5,000 thanks to lost sales, and was seeking an unspecified sum in restitution.

I always wonder if publishers realize they're essentially saying "Our game is so shitty that showing people an alpha build will make them cancel their preorders." Way to go smart-asses, now you might actually lose sales.

It says a lot about a publisher when "pirates" do a better job at promoting the game than the marketing department.

 

[Baresark]

I'm calling shenanigans. They can't sue for lost sales, you can't even sue for lost sales after a game is released. Otherwise the companies could get away with suing vendors for selling used games, those are definitively lost sales. Not to mention they took feedback based on the that leak.

 

[GLo Jones]

FUCK YOU, SQEENIX. This leak was nothing but beneficial, and has likely been more successful than any of their marketing to date, as those that have tried the leak discuss it with those that haven't. This has proven the most effective style of viral marketing regardless of whether intentional or not, and now they're suing over LOST SALES.

This really has touched a nerve on me. I am unimpressed.

 

[KingPiccolOwned]

Square Enix stated that it had suffered damages in excess of $5,000 thanks to lost sales, and was seeking an unspecified sum in restitution.

This makes no sense. How can a illegal download of a non-finished game constitute as a 'lost sale'?

yeah, I was puzzled by that too.

anyway, most of the people who illegally download the games wouldn't buy them anyway so that 'lost sales' concept is a bit slippery.

And that somehow translates to them not being in the right for them wanting money that they should have for their work... I'm afraid you've lost me on that one.

 

[MGlBlaze]

I'm not sure this wasn't faked. Normally when a games company goes after pirates they sue for a billion trillion dollars! A reasonable demand of $5000 makes it seem half-hearted.

Well'm not sure; though $5000 actually seems like a fairly reasonable fine. Okay, $5000 is a lot of money, but that's about 100 sales in damage they're projecting? I'm not sure if that wil actually be the case, but it's rare to see games publishers or whatver not thinking that they're going to lose half of their sales or something.

Even if there aren't lost sales you could think of it as a fine under the Computer Misuse Act or something similar instead.

 

[Something Amyss]

Square Enix stated that it had suffered damages in excess of $5,000 thanks to lost sales, and was seeking an unspecified sum in restitution.

This makes no sense. How can a illegal download of a non-finished game constitute as a 'lost sale'?

You mean from the same industry that believes if you borrow, play at a friend's house or even look at a game it's a lost sale?