Valve in middle of lawsuit between Square Enix and people who leaked Deus Ex demo

CptStern

CptStern

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Publisher Square Enix has filed a complaint against several unknown defendants who allegedly used an Italian internet service provider to illegitimately obtain and distribute preview code for the unreleased game Deus Ex: Human Revolution.

And now, Bellevue, WA-based Half-Life house Valve Software has become entangled in the suit against 15 "Doe Defendants" accused of copyright infringement and violating the Computer Fraud and Abuse Act.

Valve said that it has more information about the allegedly-offending Steam account and the relevant hardware ID number, but it cannot release that information to Square Enix due to Valve's privacy policy, unless Valve is subpoenaed for the information.

That's exactly what Square Enix is now pursuing -- permission from the court to issue a subpoena for information from Valve, whose servers held the preview code for the game.
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http://www.gamasutra.com/view/news/...Deus_Ex_HR_Leakers_Valve_Caught_In_Middle.php
 
Amusingly, based on what I've heard from most people, the leak has done them more good than harm. I've heard from dozens of people who preordered it immediately after trying it out. I'd say that most of the other people who downloaded it were people who were going to just torrent it regardless.
 
I've avoided the leak myself because I don't want to spoil a big part of the game for myself pre-release.
 
Have Valve made comment on whether they'd like to release the info or not?
 
ya they said they wont release the info unless they're subpoenaed
 
Yorick's right, the leak has actually turned more people on to the game and netted them pre-orders from fans worrying about another invisible war scenario. The developers have even actively encouraged discussion on their forums and I guess have been using the feedback constructively. I guess they still have to take action as it was illegal, but it seems slightly wrong that people are being punished for making the company more money.
 
and had it been a terrible demo?


ríomhaire said:
They said they can't release the info unless subpoenaed. There's rather a big difference.
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how is that any different when they're the ones who wrote their own privacy policy?
 
Because if a company could just change their privacy policy at the drop of a hat, your life would be a whole lot worse very quickly.
 
I'm one of those people who became sold on the game after seeing the leak played, but it still makes zero sense to let people go unpunished for leaking it.
 
Rico said:
Because if a company could just change their privacy policy at the drop of a hat, your life would be a whole lot worse very quickly.
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Doesn't Facebook do that every other day?


Kotaku said:
For its troubles, Square Enix is claiming the theft constitutes copyright infringement, as well as claiming damages ("in excess of $5000").
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If the damages that Square Enix is seeking are truly in the range of a few thousand dollars, I'm really impressed with their maturity. It's punitive, but not life destroying.
 
ríomhaire said:
They said they can't release the info unless subpoenaed. There's rather a big difference.
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Yeah fundamentally they'd be in breach of their own privacy policy. Effectively they'd open themselves up to liability by giving over the information voluntarily. A legal court ordering Valve to give up the information though a subpoena is entirely the correct course of action. There is nothing unusual about this sort of thing tbh. SOP in this sort of situation where a privacy policy is in place.

Also I dabbled (though not too far as I want the polished experience) and it's bloody great. Pre-ordered the augmented edition ages ago anyhows as a Journo friend of mine went to a preview event about 4 months back and was gibbering on about it probably being a strong candidate for GOTY. If it does well I'm hoping that Eidos might tackle remaking the original using the new tech.
 
Krynn72 said:
I'm one of those people who became sold on the game after seeing the leak played, but it still makes zero sense to let people go unpunished for leaking it.
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Agreed. Whether the demo did any good or harm should be irrelevant in this case. If Eidos sees fit to take action they have every right to do so.
 
I'd say the demo leaking was ultimately one of the best things for this game saleswise yet. Instead of terrible ads, fans were able to look at straight up gameplay. Many people, including myself, pre-ordered based on the positive reactions to the demo.

Not to say they shouldn't seek punishment for the people who leaked it, but its still something to consider.
 
It's a win-win situation for Square Enix. Now not only will they enjoy higher sales figures because of the leaked demo, they'll also reap hundreds of thousands of dollars in lawsuits.
 
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