Deus Ex Leak Ends in Lawsuit

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Deus Ex Leak Ends in Lawsuit

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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 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 via CVG

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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.

Logan Westbrook:
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'?

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).

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.

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

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).

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

Logan Westbrook:
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?

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.

GiantRaven:

Logan Westbrook:
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 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:

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

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

...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.

Logan Westbrook:
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.

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.

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.

WabbitTwacks:

GiantRaven:

Logan Westbrook:
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.

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.

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.

GiantRaven:

Logan Westbrook:
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?

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.

WabbitTwacks:

GiantRaven:

Logan Westbrook:
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.

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.

Staskala:

Logan Westbrook:
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.

GreatTeacherCAW:
...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.

de5gravity:
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.

GiantRaven:

Logan Westbrook:
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.

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.

Hmmm.... And here I was thinking they put it out there themselves.

I havent played the leaked beta since I would rather wait for a full version, but when I heard news of the leak, I headed over to the one place that would be having discussions about it straight away; /v/. Now, in case you dont know this, /v/ hates all games with a passion, apart from the first Deus Ex and STALKER. They had spent the last 6 months bitching about how much the new Deus Ex would suck.

Well, holy shit, everyone thought it was awesome. I heard nothing but praise upon praise for the game. And since then, I am hyped as fuck. I didnt really pay attention to it beforehand, but goddammit, if /v/ likes it, it must be incredible.

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.

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!)

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.

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."

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

MGlBlaze:

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.

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.

the publisher is unlikely to waste the courts time for a marketing stunt.

I think you give too much credit to the kind of people who work in "marketing".

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