Deus Ex Leak Ends in Lawsuit

[duchaked]

I feel like I've sorta lost some interest in multiple pathways and stealth/force options since this game caught my interest way back when

but I'm still interested in trying this game...it's just that there are so many games out I have yet to try, and the end of this year has so many big titles coming out

 

[Aeshi]

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.

The mere fact that the took the time to Torrent it would suggest that they would've paid SOMETHING for it, even if it wasn't the full price.

You don't see people pirating say, "Math Quiz made in Visual Basic for an assignment". Why? Because it has no value.

 

[Radioactive Kitten]

"Lost sales"? If anything, it will likely gain sales in the end because of this leak. I know I'm not the only one that went from apathetic to quite excited for this release after seeing how much people enjoyed the leaked version.

I can still understand why they're unhappy with the leak, and I was surprised to read that they're only asking for $5k and not some ridiculous amount in the millions as is usual with cases like this. Still, I highly doubt that the leak will result in lost sales. Quite the opposite, really. I think the leak helped sell preorders from all the excitement I saw on various forums.

 

[mirasiel]

Wait, would the 5k damages not be split between 'Does 1-15' ? making the amount even more paltry.

This strikes me as basic ass covering (sorry, Due Diligence) from SE v their shareholders with no real hope of ever actually suing anyone.

And that is a waste of the courts time

 

[Sixcess]

I think the 5k figure is a rather subtle acknowledgement that whilst they have to be seen to do something, the leak has been very good for DE:HR.

Other Publisher: Hey, I hear your game got leaked. Hope you're gonna go after those bastards!
Square-Enix: Yeah, we're suing for five thousand dollars in lost sales.
Other Publisher: 5 thousand?! When our new FPS got leaked we sued for 500 million in lost sales!
Square-Enix: Yeah, but we figure we won't actually lose as many sales as you did, 'cos people will buy our game anyway seeing as it's, y'know, good.

 

[VladG]

I very much agree about the thing being beneficial. I too loved the first game, I too hated the second game (and by extension the current gen consoles it got dumbed down for), I too very much doubted that it could live up to the original, I too have downloaded the leaked copy (and I am not the least bit ashamed to admit it. I have never done it or will do it with any other game, this is just how much I loved the franchise) and now I too can't wait for the game to come out.

It is really because of this leaked version alone that I will actually buy the game.

 

[ResonanceGames]

If this were a publicity stunt and they actually really released the leak themselves, they would be opening themselves up for fraud and frivolous lawsuit charges. There is no way that is true.

There's hopefully some gray matter between some of your ears, try using it occasionally.

 

[evilneko]

You know what impression this lawsuit gives?

They don't have confidence in their product. Think about it. They're saying "OH NOES! An incomplete demo-like version got leaked! LOST SALES!"

Does that sound like someone who thinks their product is awesome?

 

[Zeraki]

Why are Square-Enix claiming they lost five grand on sales, over a game that isn't coming out until the middle of August?

On a related note, I didn't even really want to get the game until I heard all the praise that a leak of an early development version of the game got. If it could generate that kind of reaction, imagine what the finished product will be like.

 

[SirCannonFodder]

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.

^^PEOPLE! READ THIS MAN'S POST! ^^
Quoted so that people might actually see this and stop making retarded inferences.

Anyway, prior to the leak, most of the discussion on forums and such was almost universally negative. Afterwards, it's been almost universally positive. I'd say they gained a heck of a lot more sales from now-calmed fans than they lost from a few graphics-whores pre-judging the game. I mean, while I was considering getting it, the leaked version is what pushed me to get the super-special-awesome $140 Collector's Edition

 

[Waaghpowa]

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.

This makes me feel better, if it is as good as we all hoped, then the fact that they used another studio for the PC version was a good move.

 

[samsonguy920]

So they are basically suing people that they don't the names of, don't know where they are, don't know what they eat for breakfast.
What judge won't throw this out?
I seem to recall that someone tried to put an arrest warrant on an IP address, but that was quickly quashed since an IP address can't be linked to just one person.

...that is a lawsuit? I had to pay more for the DUI I got in Arizona. Also, fuck Arizona.

I seriously hope you are kidding, as downloading games is nowhere near the scale of endangering people while drunk driving.

 

[Littlee300]

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'?

Maybe they are just trying to show stock holders they're doing something.

 

[Littlee300]

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.

Bleh, I don't like that philosophy. "Why did you murder Hitler? Murder is murder!"

 

[pyrrhic victory]

I, for one, am impressed by Square Enix. They are obviously aware that this has increased potential sales for Deus Ex, but they're suing as a way of saying "don't pirate". And they are suing for $5000, a fair judgment.

I think this is the first reasonable lawsuit I've heard of.

 

[nyysjan]

So what this is saying is that people actually like to play the game a bit before they slap down a nonrefundable 60 dollars for it? That's just crazy! If only there were a way for developers to put out a small demonstration of the game early, maybe like the first stage or first 15 minutes, and let people grab that off XBL or PSN or Steam or where ever a bit before the game is released. I know it sounds crazy but it just might work I'm thinking.

See, the problem with your idea is that only good games would gain sales, while bad games would plumet, and so either they only give good games demos (and non demoed games will loose sales), or give all games demos (and bad games will again loose sales).
And as most games made are somewhere between horrible to non descript, they would just end up loosing more money than they make either way.

Ofcourse no hard data on this exists so i'm just making a conspiracy theories, but as only few games actually give demos out anymore, i think there might be something to it.

 

[Speakercone]

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?

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.

Theft is indeed theft, and impersonating a journalist is indeed fraud, and these are both unpleasant things to be on the receiving end of. But in answer to your demand for perspective, allow me to offer the following:

The litigants have no idea who perpetrated the incident in question. They also have no way of ascertaining this fact, so have opted to sue what amounts to "some dude on the internet". Furthermore, they have sued for "lost sales" whereas the incident appears just as likely to increase sales due to increased brand awareness among the target audience of the product. As such, it isn't even clear that any harm has come of the action.

Let's leave that aside for a moment though and consider the strange implication here:
If they somehow find the guy who leaked the pre-release code, and he is convicted, then Square Enix could end up being liable for benefitting from a criminal act if it can be demonstrated that they ended up gaining sales from the action of said dude on the internet.
That would be pretty odd eh

 

[Jacksaw Jack]

Heh, wonder if SE going to get hacked now. lol

 

[yndsu]

Yeah. I have the leaked version of the game. And before playing it i was very sceptical about the game. But the leaked version is really great and i had a lot of fun playing it.

And am considering of getting the Augmented Edition as well.
So this "leak" was actually very positive for them.

 

[nyttyn]

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.

Bleh, I don't like that philosophy. "Why did you murder Hitler? Murder is murder!"

1. Irrelevant. Murder and theft are in different classes.
2. There is no legitimate reason for this crime. It's not like they stole nukes from terrorists and gave them to a responsible third party. They straight up stole someone's property and reproduced it without their permission solely for personal gain.
3. It's not a philosophy. It's the law.