Witcher 2 devs claim 100% accurate pirate identifaction -PCGamer

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gorcorps

aka Brandon
Jul 18, 2004
30,739
454
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Did they lose any sale due to that fact?

The law and agreement doesn't state loss of sale, it states usage without license. If people were allowed to get off scott free by buying it after the fact, then there'd be absolutely zero reason for people to buy anything in the first place. Just pirate it till you're caught, THEN go out and buy it. It can't work that way...
 

PowerYoga

Diamond Member
Nov 6, 2001
4,603
0
0
Sorry, your honor, I leave my wireless connection unsecure and it must have been someone else who pirated the game.

/end

not gonna stop them from hitting you with a $1600 bill but you're welcome to try that argument.
 

shingletingle

Senior member
Jun 30, 2007
976
1
0
No joke. I swear some of you lack a single ounce of logic or decency claiming that $1200 is extortion.

By that shitty logic, going through life as a thief will yield the best outcome because if you get caught, you don't get punished, all you have to do is pay what normal decent people paid, the full price for a game...On the other hand, if you don't get caught, you're on top of the world with your 'free' shit.

Fucking idiots.

Agreed. The OP's comment that the pirate should only have to pay the cost of the game was one of the dumbest things I've ever heard.
 

zinfamous

No Lifer
Jul 12, 2006
111,729
31,094
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Look at movies - $250,000 fine and 5 years in prison for pirating a movie. Even though this max is never granted on a single movie (afaik), legitimate users only have to watch a couple of warning screens.

I think what the Witcher devs are asking for is a fair amount, because legitimate users are slammed with all kinds of nonsense and DRM. Hit the pirates hard I say; screw em for screwing me.

same. If they just request the cost of the game, then where's the punishment?

where's the incentive for anyone to actually purchase the games if all you need to do is steal it and assume that you *may* have to pay full price some time down the road?
 

Wyndru

Diamond Member
Apr 9, 2009
7,318
4
76
Grandmother: "I didn't know this rooooter had un-crypted wire-less, the nice salesman told me it was what I needed to go with my new Dell hard drive. Shouldn't this be covered by the extended warranty?"

Exactly. They might have the correct IP, but it will never be 100% accurate. Even if it is, some will try this.

I know some people who leave their wifi open just so they can contest this kind of stuff should it come up. I don't know if it would work, but I know some would try.
 

Bateluer

Lifer
Jun 23, 2001
27,730
8
0
Exactly. They might have the correct IP, but it will never be 100% accurate. Even if it is, some will try this.

I know some people who leave their wifi open just so they can contest this kind of stuff should it come up. I don't know if it would work, but I know some would try.

. . . if it were to be proven that individual in question had a decent level of technical knowledge, such as by showing their employment(history), degrees, or certs, I would think it'd be easy to hold them responsible.
 

Beev

Diamond Member
Apr 20, 2006
7,775
0
0
. . . if it were to be proven that individual in question had a decent level of technical knowledge, such as by showing their employment(history), degrees, or certs, I would think it'd be easy to hold them responsible.

I'm pretty sure they would need some solid proof. Not just "hey that guy is tech savvy so he did it!"
 

Mandres

Senior member
Jun 8, 2011
944
58
91
First of all, I'm not a lawyer and my knowledge of German law is basically non-existent.

That said, there is absolutely no way they can prove with "100% certainty" who pirated their game.

If I received one of these extortion letters (and this is exactly what they are: "pay us or we will sue you") I would kindly respond with a "I did not pirate your game" and that would be the end of it. It will cost them more than $1200 to sue me in civil court, and my defense will still be "I did not pirate your game". A data stream to an IP address in my name is not the same thing.

These things are usually done by third-party law firms who get a list of IP addresses and then send hundreds of thousands of extortion letters in the hope that 10% might be cowed into mailing a check. Then the firm keeps 50% of the recovered amount.

It's a despicable form of sleazy lawyers doing sleazy business and it's the main reason that people hate the RIAA and MPAA.
 

GaiaHunter

Diamond Member
Jul 13, 2008
3,697
397
126
The law and agreement doesn't state loss of sale, it states usage without license. If people were allowed to get off scott free by buying it after the fact, then there'd be absolutely zero reason for people to buy anything in the first place. Just pirate it till you're caught, THEN go out and buy it. It can't work that way...

There are dates my friend.

If they can see the IP they also have a date for that and you can also present a receipt of a product you bought which conveniently also has a date.

LOL

And why are you interested in knowing that?
Generally that is how I buy games from unknown developers - download the game, check it and if I like I buy.

If it would be impossible to do that check, I would actually buy less games, witcher being one that wouldn't see any money from my part.
 
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Phant0m444

Junior Member
Oct 27, 2010
16
0
0
This sounds more like a form of blackmail or extortion to me. I won't claim pirating games is morally or legally right, but sending a threatening letter demanding money sounds like a crime too.

So many people are quick to side with the game companies and cheer this on. But I'm sure most of the money coughed up in these settlements will probably go to the rich lawyers or game publishing executives. The actual game developers won't see a dime of the money. Its just a shady way for the rich to get even richer off the poor. At best its corporate greed... and at worst it might even be illegal. This hardly seems like something to cheer about or advocate either way.

I'm not saying we should just give pirates a free ride. But the methods used to pursue them need to be legally sound and more transparent. The fact that the exact method used to prove pirate identification is not being revealed is unsettling and rather convenient... perhaps there is no real proof that would hold up as evidence in a court?
 

duragezic

Lifer
Oct 11, 1999
11,234
4
81
I'm sure those 6 people will be a-okay
If you believed the morons who defend it, they'd say like 90% of people who downloaded it later bought it or plan to buy it.

Sheesh the game seems to be very reasonably priced and supported. I often see these who say they pirate because games are too expensive (even though in this case it's not even full price) have in their sig a top of the line built computer.
 

BladeVenom

Lifer
Jun 2, 2005
13,365
16
0
Agreed. The OP's comment that the pirate should only have to pay the cost of the game was one of the dumbest things I've ever heard.

How often do car thieves end up paying more than the value of the car, let alone 24 times the value of the car they've stolen? And that's real thievery, not just making a copy.
 

Ns1

No Lifer
Jun 17, 2001
55,420
1,600
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How often do car thieves end up paying more than the value of the car, let alone 24 times the value of the car they've stolen? And that's real thievery, not just making a copy.

who gives a fuck about the thief, why the fuck doesn't anyone care about the dev?
 

Bateluer

Lifer
Jun 23, 2001
27,730
8
0
I'm pretty sure they would need some solid proof. Not just "hey that guy is tech savvy so he did it!"

Sorry, I meant to say that I don't think the 'Ignorance' defense would work if they showed you to have several certifications, degrees, and several years experience working in IT. Are they to believe someone with those credentials would be stupid enough to run unsecured wifi?
 

Pacman4

Senior member
Nov 7, 2011
251
0
0
who gives a fuck about the thief, why the fuck doesn't anyone care about the dev?

True, but we need to be careful, as I suspect most people in this thread are pirates, and most of them are also lawful owners of thousands of $$$ worth of all sorts of HW/SW.
 

OVerLoRDI

Diamond Member
Jan 22, 2006
5,490
4
81
No joke. I swear some of you lack a single ounce of logic or decency claiming that $1200 is extortion.

By that shitty logic, going through life as a thief will yield the best outcome because if you get caught, you don't get punished, all you have to do is pay what normal decent people paid, the full price for a game...On the other hand, if you don't get caught, you're on top of the world with your 'free' shit.

Fucking idiots.

I hadn't thought about it that way. You make a good, although rudely worded, point. I rescind my comment that the fine should be the original game price. I still think we need to be cautious of strong arm legal tactics in these circumstances, unless the identification truly can be 100%.

Someone else mentioned that if you can prove your innocent, you can recover legal fees. However your legal fees are not your only cost. You will likely have to take time off of work, travel to court, pay for parking, etc etc. Your cost is more than your legal fees.

Agreed. The OP's comment that the pirate should only have to pay the cost of the game was one of the dumbest things I've ever heard.

Hey now, I have definitely seen many less intelligent things on this forum ;)
 

WelshBloke

Lifer
Jan 12, 2005
32,876
11,016
136
Sorry, your honor, I leave my wireless connection unsecure and it must have been someone else who pirated the game.

/end

I guess they will use the "your Internet connection, your router, your responsibility " argument.
 

Lonbjerg

Diamond Member
Dec 6, 2009
4,419
0
0
I guess they will use the "your Internet connection, your router, your responsibility " argument.

I never understood that "argument".
It like saying:
"Hey, jugde I left the keys in the ingnition...it's not my fault someone used my car to commit a bankrobbery".

In Germany the closed that loophole.
Unsecured WiFi = illegal...and oh yeah...you are responsible for what goes on you connection anyways.

I am amazed at the lenght people will lie to, go to and hide behind the "law"...while breaking the law in the same breathe.