Deus Ex Leak Ends in Lawsuit

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]DustArma[

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Mar 11, 2011
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WabbitTwacks said:
GiantRaven said:
Logan Westbrook said:
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.
I'm more surprised by the fact they are only asking for $5000, cases like this usually end up with much more money being on the line, if we go by the PC version alone, that's only 100 copies not being sold according to them.
 

Iscin

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Sep 8, 2009
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I find it crazy that they have lost sales because of this. Quite on the contrary I know that for myself, and likely others, will now buy it at full price. Besides, the Preview is like an extended demo, it isn't the full game so they haven't lost a single full copy of it.
 

lomylithruldor

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Staskala said:
Logan Westbrook said:
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.
Well, alpha builds are so full of bugs and almost not working, that yes, showing a pre-release build can make people not buy the game because some stupid people don't understand that the game is not working properly while in alpha and beta. The goal of these phases are to add features and stabilize the game respectively.
 

SinisterGehe

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May 19, 2009
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GreatTeacherCAW said:
...that is a lawsuit? I had to pay more for the DUI I got in Arizona. Also, fuck Arizona.

OT: In excess of five thousand dollars... this whole thing sounds useless. I imagine the lawyer fees were about the same, if not more.
I think the fee is so small because they want to show that: It is not right or legal to do that" but they still realize that they will benefit from the leak. I think this is more about principle than getting compensation for anything.

I think this is OK, after all they did break the law and stole the copy of the build and uploaded it to torrent sites illegally. And I think 5,000 is reasonable sum compared to what they would have demanded in America "67trillion-billion dollar$", like the people who are being sued can even pay this sum in few years instead of getting their lives destroyed by stupid demands.

I think this is just OK. They broke the law, they get punished and the punishment is reasonable.
 

GrizzlerBorno

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Sep 2, 2010
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de5gravity said:
Played the build, loved it so much, pre ordered the augmented edition. That is all :D
Exactly. That demo build gave them SO much good publicity. I haven't heard too many negative things about it, and even when I did, they were waved off as problems of the build.
 

Formica Archonis

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Nov 13, 2009
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GiantRaven said:
Logan Westbrook said:
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'?
The same way every single download of an MP3 from Napster Kazaa eMule Limewire Bittorrent is a lost sale and that's why the music industry can sue for more money than is on the planet.
 

Socken

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Jan 29, 2009
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They're not actually asking for just $ 5,000 dollars, that's just the sum that turns it from small claims to serious business legally speaking. Also they're legally required to take legal action against any kind of copyright infringement. Besides, their shareholders would probably not approve of the company just letting people steal their property.
 

Disthron

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Aug 19, 2009
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Umm... if they have no idea who committed the "crime" how are they going to sue them. Are they just going to try and convict them now and figure out who they are latter? Seems a bit like putting the horse before the cart to me.
 

Realitycrash

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Dec 12, 2010
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Loooooooooooooooooool did they actually sue someone for "lost sales of 5000 USD"?
(No, ofc they did not. They sued someone because they managed to get their game released too early and pirated, but why not simply say that? The 5000 USD is just laughable. Heck, I could pay that!)
 

Shamanic Rhythm

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GLo Jones said:
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.
So they should overlook the theft of their intellectual property because it had some positive outcomes for them? That would set a fantastic precedent for future piracy. "Hey guys, I know someone who works at Rockstar. Let's use him to steal the Alpha build of GTA V. Don't worry, as long as the game is good they won't sue us because we'd be doing them a favour."
 

Yeager942

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To my knowledge, the leak caused them to actually gain sales. I know I wouldn't have bought it otherwise.
 

aPod

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Jan 14, 2010
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MGlBlaze said:
Actual said:
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.
It is odd that they're suing for a paltry sum over something most in the industry would try to get a ridiculous amount for. So I am wondering if this is Squares version of "slap on the wrist".

They can't condone the actions taken to leak the build but they also most have noticed the notable positive impact it had on sales and excitement for the game.

Or maybe it was them the whole time, and now they're milking it to the point where it is backfiring on them and bringing about negative feedback. Not that square would ever milk something.

wink, wink, nudge, nudge, know what i mean, know what i mean.
 

Denamic

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Aug 19, 2009
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Damages in lost sales?
Jesus fucking christ, people loved the leak and are spreading loads of free PR.
The leak probably gained them hundreds of thousands of sales.
I pre-ordered immediately after playing it.
 

Duskflamer

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Nov 8, 2009
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Yea, it's not like this is a full release copy of the game that got leaked, and from what I can tell this leak has led to an increase in pre-orders, so where does SE get off claiming that they're losing sales over this?
 

Roboto

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Nov 18, 2009
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GLo Jones said:
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.
As a company, you protect your IP. That's the rule.
 

thenamelessloser

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Jan 15, 2010
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They should sue whoever made the early trailers that made the game look super dull. (actually just joking here, people sue way too much and it just wastes the courts time) I wasn't that hyped up about the game until I read what random people thought of when they played the leak to be honest especialy since many of them were fans of the first Deus Ex. I think the leak was better marketing than anything Squareenix did and even jokingly thought the leak was a conspiracy to get more people interested in the game especially considering how Deus Ex games have tons of conspiracies. I'm just gong to be telling myself that this whole suing over the leak is just part of the grand marketing conspiracy. SHUT UP HANLON"S RAZOR DO NOT RUIN DEUS EX FOR ME! http://tvtropes.org/pmwiki/pmwiki.php/Main/ptitle97h4eweh

Damn you HANLON"S RAZOR!


NOOOOOOOOOOOOOOOOOOOOOOOOOOO


but seriously i suppose tnhe person who uploaded it still performed idenity theft but still overall think the leak actually helped more than hurt the number of sales...
 

nyttyn

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Sep 9, 2008
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Most of you are missing the point. Their game was pirated, they have every right to sue. Piracy is still piracy, and this was also a case of stolen identity to get said stolen goods. Double whammy.
 

viranimus

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Nov 20, 2009
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Akalabeth said:
Theft is theft buddy. Impersonating someone else probably constitutes fraud as well in some instances as well. It's not about money it's about bring to justice those individuals who perpetrated the act.

If you were working on an indie game and someone hacked your computer and stole the alpha and released it before you were able to put it on xbl arcade or whatever would you be pissed?

The answer is yes.

People in this thread seriously need to get some perspective.

/Facepalm

Yes, Theft is theft. A leak is not theft, What exactly was removed from the possession of the owner of the intellectual property? Thats right absolutely nothing because Eidos and SE still have possession of the game. You can call it a security breach, you can call it mishandling of corporate property, you can call it copywrite infringement as it related to the redistribution of the leaked material, and hell you can even call it fraud based on the defendant is accused of presenting someone elses credentials, but you cant call it theft because nothing was stolen.

People need to understand the words they choose to use.

Now, was my point to say SE should sit back and do nothing? Or was my point to illustrate SE making an outlandishly bold action that makes them look stupid because it is nothing more than stabbing wildly in the dark and spending more money to do so, than what they claim they HAVE lost and justifying it based on the assumption that every instance of copywrite infringement is money out of their pocket.

Heres the perspective that needs to be expressed.

By spending more money than they can ever hope to make back with this litigation they look sphinctery and not capable of basic math.

By not knowing who they are charging they are filing charges against in essence, no one. So who exactly is being brought to justice? A username?

By basing their litigation on assumptions and lacking information, they make themselves look incompetent and further hurt their already suffering public image which is more likely to cost them even more money in "lost sales", be it from boycots of the organization, or by taking this misguided action making themselves a target for "piracy out of spite" Or AKA: "Spore Syndrome"

Thats the perspective that needed to be expressed and that was the point behind my post. Not Piracy R Gud.

As for the indie analogy, thats pretty well flawed considering we are not talking about an indie outfit filled with starving artists on the brink of collapse if they dont profit from their work. We are talking about what is one of the top 5 game producers on the planet to which this leak actually will bring them more profits and may or may not even be an intentional false flag operation to accomplish just exactly that.
 

Azmael Silverlance

Pirate Warlord!
Oct 20, 2009
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Couldnt they just SAY they are suing witheout actually doing so :D I mean cmon. . . .marketing stunts are called stunts for a reason.