Activision Goes After Individual Game Pirates

brunascle writes "Activision has begun suing individual pirates of console games. Edge Online is reporting that they are going after a New York resident for allegedly copying Call of Duty 3 for the Xbox 360 and other games, seeking $30,000 to $150,000 in damages for each infringement. GamePolitics has also uncovered six other lawsuits with settlements between $1,000 and $100,000, in five of which the defendant was unrepresented." Activision's lawyers specifically told GamePolitics that the lawsuit wasn't targeting file-sharers, so they probably mean that the alleged pirate was reproducing and distributing physical copies of the game. The court complaint is available here (PDF).

Comments

I knew it would happen...

[pushing-robot]

The response to "talk like a pirate day" was strong and swift.

$30k - $150k?

[Caboosian]

A game costs roughly $60.00. For each act of infringement, Activision wants, at the very least, 50000% of the initial price, or at the most, 250000% of the initial price. How is it even legal to demand that much? I truly don't understand our legal system. If he had stolen the game 5 times, he'd probably be fined $500 - $1000, but for distributing 5 copies, he now has to pay (if activision gets their way) $150k?

I'm sorry, but that's just incredibly fucking stupid.

Re:$30k - $150k?

[spire3661]

The reason being is that copyright law was setup to fight off larger scale pirate operations, back when reproducing material was alot harder.

Sounds like a good move

[phorm]

There are plenty of these guys around here, and they're pretty arrogant too. I had a buddy looking for some XBox 360 games, and there was a pirate shop that was apparently selling (copies) for cheap. Curious about how they operated, I dropped in and found they have a huge binder listing game titles, and it's about $8 for a Wii/PS2 game or $20 for an Xbox 360 game. This is for a *BURNED DISC*

So I asked why the price differential for the 360 games (hell, it's all copied BS, no originals) and they said it's because XB360 discs are double-layer and cost more.

So let's see. About $0.50 or less for a single layer DVD, maybe add the cost of a label, is about $7 profit. At what, $1.50 for a dual-layer DVD is maybe $18 profit. For copied games.

Oh, and nevermind the problems he had returning one of the discs that didn't work.

Yeah, I think I'll stick with legit retailers and used but original discs (not that I game much these days anyhow).

If movie/music/game companies want to make a real killing nailing *real* "pirates", just go to one of the big Chinese malls and nail all of these guys. They're raking in cash selling copies of other people's work, and if anyone should be sued for "piracy" I think these are a good place to start.

Re:So?

[Sasayaki]

Undoubtedly.

Nobody is contesting their legal rights in this case- at least, not me.

I am, however, contesting how *wise* this decision is. Game companies produce a lot of crap. The signal to noise ratio is extremely low, especially when considering just how many games are produced for the PC every year. So how do we know what's good?

Well, we could seek reviews- but many reviewers are paid for their submissions, have an agenda, or simply have different tastes. Or we hear about it from friends. Or... we pirate them and see for ourselves. If the game is crap- nothing wasted. If the game is good, we're going to want its expansion pack/online play/multiplayer/box art/full colour manual/bragging rights/etc.

In almost all cases, such "piracy" doesn't constitute a lost sale. Either the "pirate" couldn't afford it anyway, or wouldn't buy it if she couldn't "pirate" it. Think students, working mums, etc. Not all of them are- but most.

But these pirates give you something money can't buy- legitimate word of mouth advertising. You can't buy it, it's the BEST form of advertising short of beaming ads into people's dreams and it's generally free. And it's one of the three ways people decide if a game is good or not- and as stated earlier, it's generally the most telling.

So: you can excuse acts of individual not-for-profit piracy and write it off as free advertising. Or, you could hunt down anyone who pirates even a single game and charge them for a crime with punishments quite often worse than rape.

Are people going to buy more of your games, or fewer?

Re:So?

[rtfa-troll]

I have spent my entire youth learning how to roll excellent joints. It was a risk, but I was certain that by the time I grew up dope would be legalised and I would be able to become national champion. I didn't managed to get a degree or any exercise and I'm not even fit for manual labour now, but if I had concentrated on education instead then I would have been the head of a software company which overtook Microsoft.

I demand the taxpayer pay me billions that I risked and lost with my career choice. I took the risk and I deserve the profits.

Re:first post?

[Narnie]

He had to spell check it first.

Re:Hell with actually selling games. Let's sue 'em

[tebee]

Strangely enough, some time ago, something very similar to this to this happened in the UK with videos. A friend is a lawyer who had to represent a video rental shop owner accused of renting fake videos. Now he'd bought these from a trade fair in London from some supposed American dealers - I don't know the details but I'm guessing he got a "good deal" so he may have some idea they where doggy so he's not whiter than white. Sometime later a hotshot set of lawyers - on behalf of the film companies - comes after him for everything he owns for hiring out fake videos. Everything looks bleak for him , they force his business to close and are after the rest of his assets when my friend happens to investigate the people who sold him the videos - they turn out to be American PI's and their hotel bill and return airfare was paid for by the hotshot firm of lawyers. Result - the case was dropped and lots of compensation paid to the shop owner for the loss of his business and the hassle.