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Topware Interactive Sues 100 for Dream Pinball3D Piracy

Written by Andre Yoskowitz (Google+) @ 15 Jul 2008 18:47 User comments (18)

Topware Interactive Sues 100 for Dream Pinball3D Piracy Topware Interactive, the developer of the popular Nintendo DS and PC game Dream Pinball 3D is suing 100 British citizens, claiming that each allegedly uploaded the game to file sharing sites and networks.
The move is thought to be the largest such single effort against uploaders of a certain game on P2P networks but lawyers for the gaming industry have reported that thousands of more cases are coming before the end of the year.

David Gore of UK law firm Davenport Lyons (taking action for the US-based Topware) added, "There is no difference between stealing a DVD from a high street retailer and downloading it from a peer-to-peer network.

"We hope that it will act as a deterrent. There is a hard core of file sharers who are just interested in getting something for nothing."


Four file sharers have already been ordered to pay damages of 750 although that fine can skyrocket to 3,500 once costs are added in.

Davenport Lyons says the users sued were tracked using technology created by Logistep, the independent Swiss anti-piracy outfit. The technology, dubbed "File Sharing Monitor", was used to "collect evidence against people who use peer-to-peer networks to upload copyright material."

The lawyers have also added that a recent High Court victory will mean that ISPs will be forced to hand over the names and addresses of any suspected file sharers, or of anyone matching an IP address logged by the "File Sharing Monitor."

"This is a widespread practice,"
noted David Gore. "In one European territory, a new game sold 2,000 copies in its first week on release.

"But 12,000 more were copied illegally from file sharing sites.

"Games companies now spend millions of pounds developing new titles and they cannot continue to do that while their work is being stolen."

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18 user comments

115.7.2008 16:55

Think I'll go and upload it just for spite.

215.7.2008 18:09
varnull
Inactive

So now an allegation based on flawed software

Quote:
ISPs will be forced to hand over the names and addresses of any suspected file sharers, or of anyone matching an IP address logged by the "File Sharing Monitor."
.. that isn't enough evidence under current european law!! (see article where German courts have raised serious doubts about this software and thrown this out) can lead to innocent people being dragged through the courts at the behest of a dubious bunch of shyster lawyers acting for foreign interests.. Way to go UK.. stand up for your citizens..

How many network printers and routers are they going to get?

3.10utc
This message has been edited since its posting. Latest edit was made on 15 Jul 2008 @ 23:10

315.7.2008 18:14
varnull
Inactive

This is madness.. the site is totally screwed up...
3.13utc

415.7.2008 19:41

Quote:
"This is a widespread practice," noted David Gore. "In one European territory, a new game sold 2,000 copies in its first week on release."But 12,000 more were copied illegally from file sharing sites.
This annoys me. 2,000 people wanted the game and were prepared to pay X for it. So all in all the developers were only ever going to get X x 2000.

The other 12,000 were never going to pay for the game so the developer is not loosing money. However if a few of thoose 12,000 download the game like it enough to buy it and then get it they're actually gaining revenue.

Maybe its not piracy thats "ruining" the gaming buisness. Maybe its lazy devs, and crappy games.

515.7.2008 20:54

It doesnt seem correct, but some of the downloaders will buy after playing. Nintendo/Ps/Xbox/Pc games need the demos for people to even consider the purchase.

615.7.2008 23:00

logic never phazes them any, its the morals and "the mentality" they focus on more
http://www.gamepolitics.com/2008/07/15/e...wealthy-nations
(hint see mew posts get railed)


But sorry they should just charge them the price of the game give them a receipt for it and move on, charging more than tis worth is a travesty of justice.

715.7.2008 23:51

Hahaha, you should praise them for playing your game anyway, fools the rich and the greedy are.

You think you can stop it all, your scare tactics are useless. you take away 100 and 1000 will take there place.

816.7.2008 7:12

Davenport Lyons ? Oh Good Grief ! not those twats again ! are they looking to become the most hated law firm in the UK or maybe they want their offices to be bombed so they can move to new premises ? absolute tosspots all of them.
This news was first reported on other sites ( including mine ) about 18 months ago with the same law firm and the same prosecution case for the same game - has something new happened, do you have a link to the article ?

This message has been edited since its posting. Latest edit was made on 16 Jul 2008 @ 7:20

916.7.2008 11:29

Quote:
The other 12,000 were never going to pay for the game so the developer is not loosing money. However if a few of thoose 12,000 download the game like it enough to buy it and then get it they're actually gaining revenue.
Lol by that logic, I should go to the car lot downtown and go drive off in a new corvette. The car lot wouldn't be loosing money because I would never buy a new corvette.

1016.7.2008 12:21

Quote:
Quote:
The other 12,000 were never going to pay for the game so the developer is not loosing money. However if a few of thoose 12,000 download the game like it enough to buy it and then get it they're actually gaining revenue.
Lol by that logic, I should go to the car lot downtown and go drive off in a new corvette. The car lot wouldn't be loosing money because I would never buy a new corvette.
I have to disagree ikari. You can also drive around in your friends new car and decide you don't want to buy one for yourself. Just like you can also go to your friends house to play a game and decide that it's not worth your hard earned money. How about this scenario - I played MGS4 at a friends house last week. I decided that it's not worth the pricetag. Does that make me a thief? Did my friend steal proffits from Sony? Or how about the sale of used games? Does the seller become a thief for stealing profits by passing on an item? Whether downloading is right or wrong is not black and white. It brings up many other issues and opens a can of worms regarding consumer rights. lecsiy has a very valid point. The fact is, there is absolutely no way to track this accurately and attach a number to it. It's all speculation, smoke and mirrors.

It's obvious that if a Company advertised it's products for free, then there would be zero profit, and in the end, the eventual demise of the product. But contrary to the Gene Simmons school of thought, there is not a direct correlation between that and allowing downloading. It's only natural that a Company doesn't want people to get their product for free. So what should they do? They should continue to sell their product to people who will buy it. Very simple and cost effective. Take a stand against file sharing if that makes them feel good. After all, they have a right to protect their intellectual property, but don't attack potential customers, some who may be innocent. Because these witch hunts cost money and aggravate as well as alienate customers, especially when there is no way to prove that the person they are suing is actually a future customer and supporter of their product. More power to them if they can put an end to file sharing, but they can achieve that without punishing people for utilizing tools that are freely available to everyone, purely based on their own skewed moral views. There's a difference between saying that something is not allowed and saying that something is morally wrong. I can live with someone telling me that something is not allowed, but not with someone calling me a thief and pirate based on what benefits their own agenda. Sharing media of all forms has been around for decades. Just because there is a different way to do it, doesn't mean that they completely understand it.

12,000 lost sales is utter stupidity. Let's try to factor in other games, music and video releases as well as inflation, the cost of fuel and food of the same timeframe and normalize their profit expectations.

Ridiculous industry.
This message has been edited since its posting. Latest edit was made on 16 Jul 2008 @ 12:54

1117.7.2008 0:09
susieqbbb
Inactive

I am sorry to say that this goes after p2p but not bittorrent ha ha ha i find this funny you go after p2p lets see you find it on bittorrent

1217.7.2008 17:48

Originally posted by susieqbbb:
I am sorry to say that this goes after p2p but not bittorrent ha ha ha i find this funny you go after p2p lets see you find it on bittorrent
Um...Bittorrent is a client that allows you to access P2P

1317.7.2008 22:57

Maybe susieqbbb meant to say the unlucky P2Pers were using some kind of simple P2P not a torrent. Simple P2P makes it real easy to find and catch you.

1418.7.2008 10:25

Originally posted by Mez:
Maybe susieqbbb meant to say the unlucky P2Pers were using some kind of simple P2P not a torrent. Simple P2P makes it real easy to find and catch you.
Oh.....

1519.7.2008 2:23

Lol, the best business model ever! Make a totally crap game, know that it will be on popular p2p networks, harvest ip addresses, then sue! Damn, what an easy way to make millions from lawsuits for a game that took $1000 to make.

1619.7.2008 11:08

Originally posted by svtstang:
Lol, the best business model ever! Make a totally crap game, know that it will be on popular p2p networks, harvest ip addresses, then sue! Damn, what an easy way to make millions from lawsuits for a game that took $1000 to make.
What i could make something better than that for free, with all that illegally....Err rightfully attained game making software i downloaded(from cd to my computer yeah thats it from the CD, absolutely no chance that i downloaded it from P2P,No chance, none Zero Zip Notta)

1719.7.2008 16:26
vudoo
Inactive

I'm sick of the philosophy of Downloading a Movie, song, Program being compared with stealing a corvette. If you could use a molecule reproducer (if there was such a thing), borrow a corvette and then run the corvette through a molecule reproducer it would be called copying not stealing get it right. the person who invented the corvette has already gotten paid for the invention. And if by chance every time you used your marvelous molecule reproducer you saw 3D ads for a mortgage company or for people who'd mow your lawn for a price and the ads went towards the inventor of the corvette in which you reproduced it is in fact paying the person for his/her intellectual property. Game makers get paid through the ads they put in their games. Take Grand theft auto. Look at the brand names that are conveniently placed in the game.

There needs to be a happy medium here and having everyone who is involved in file sharing arrested/sued is not the answer. Ad banner support (without spyware/resource hog ware) is the answer for all the industries woes. Qtrax is comming soon for the music industry. Finally music is being placed online as a legal paid service in Mp3 format. So bottom line don't charge nearly $100 for the game, charge for the privilege to play against other opponents online, and then try and make money on top of it all via ads and then bite the very hand that feeds you. Get over it software piracy is and will always be prominent till you people get back to the ideals of open source just like it was in the TI 99/4A, Commodore Vic 20/64/128. Well I should say after the vic it was all down hill from there. But really look at what happened when the SEA(Software Enforcement Agency) went after kids cracking their games and started distributing them on BBS's while phone phreaking (making calls illegally) to share the new warez. It only made it more appealing. Now that phone service is flat rate do you see cell phone cloning and those codes being spread on voice mail systems belonging to business's anymore? I bet some of you business owners know what I'm talking about if you used an 800# for your customers.

So though you fundamentalist Christians have your idealistic views of what is right and wrong in syberspace, let me point out that the hackers of the world will show you what will happen to you if you cross them by taking away their entertainment. You think its a game? well when your phone number (even unlisted) is pulled, your number is forwarded to a Caribbean island party line and then an 800# is set to your phone number and then is given to people all across the country and your billed for thousands of dollars while you are frantically trying to prove to the long distance phone company you didn't authorize the calls, the local phone company that you didn't order ultra call forwarding, and the company that set up your 800# that your identity was stolen and again you didn't know anything about this and they laugh and make you pay then you'll know the hard way that you can't fight tech savvy people. The only reason it hasn't happened to the members of the RIAA is because the hackers don't believe their being threatened hard enough. But when enough is enough the RIAA members, their mothers, fathers, children, or enyone close to them will feel the sting. Because when hackers get P'ed then there is no mercy. This stuff happened to me via a psycho who truly believed I was satanic because my house had an address of 666 in it. I'd change my phone number and an hr later he had it, posted it on Deathcon and again I was getting prank calls, my line was fowarded to a date line in the Caribbean islands and one day my phone was forwarded to a 911 dispatch office and the hacker said "help me help me." If it ever happens to you your tune would change. I hope you RIAA/MPAA/Software anti Piracy members are single and have no family or loved ones still alive because I pity your family if you do. Think I'm out of my mind? google 2600 magazine, hacker groups like MOD, CCCP, The Towering Inferno and more. The movie Hackers was based on a hacker who had some of the technology I mentioned. Like I said one day these mafia like organizations will see what a true mafia like organization can and will eventually do to them.

1819.7.2008 19:36
varnull
Inactive

Yes vudoo.. we will. A few malformed requests to an isp's dns servers can take a whole region offline for days. Wait until it is more than a few XD

Great to see somebody else who remembers phreaking and wardialling and the fun that can be had with malicious intent or otherwise :)

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