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Nintendo counterfeiter makes $962,000 in illegal sales, faces jail time
Nintendo's ever-vigilant quest against piracy continues, as Justin Success Brooks of the United Kingdom has been charged with the fraudulent sale of counterfeit Nintendo games, according to the Croydon Guardian. The 41-year-old man was caught in an investigation conducted by Nintendo and the UK Interactive Entertainment association. The two groups purchased games from suspect outlets, eventually finding their way to Brooks.Operating between 2009 and 2011, Brooks allegedly made an estimated £600,000 (over $962,000) selling "thousands" of counterfeit Wii, DS and DSi games. All told, Brooks has been charged with seven counts of fraud, including "two counts of fraudulent trading, two counts of supplying an article to use in fraud, two counts of unauthorised possession of goods bearing a trademark and one count of unauthorised use of a trademark."Brooks has pled guilty to all counts. He has been granted bail and awaits sentencing, which will take place on November 9. Always remember, Mario is watching.
Report: Ubisoft, Atari, many other publishers requesting payment from German pirates
Someone in Germany -- perhaps even some people -- illegally pirated a copy of Prison Break: The Conspiracy. Hard to believe as it may be, it appears to be the case according to TorrentFreak, who delved into German public records looking for game publishers who have employed German law to track down (and demand money from) people who allegedly pirated various games. In Germany, Koch Media publishes the Prison Break game, and has been demanding settlements of "several hundred Euros" from offending IP addresses. The records indicate that several major publishers, either directly or through subsidiaries/secondary parties, have been sending out letters to German citizens requesting varying levels of payment in return for not being sued. Where things get murky, however, is how the publishers are seeking out the accused pirates, using not always reliable "IP address-only evidence" -- easily circumvented with proxy domains and such. You know, hacker stuff. TorrentFreak's report indicates that a variety of publishers and distributors are involved, including (but not limited to): Atari, Koch Media (representing Techland's Dead Island and Prison Break, and Eidos/Square Enix's Deus Ex: Human Revolution as well as Dungeon Siege 3 and various Final Fantasy titles), Daedalic Entertainment (representing LucasArts), Codemasters, BitComposer, Ubisoft, Kalypso Media, dtp entertainment, and Aerosoft. It is currently unclear how many settlement notices have been sent out by each company, or if any will continue doing so after these actions have been brought to light. Witcher 2 developer CD Projekt Red was recently pursuing similar cases in Germany until it announced the end of the practice last week.
Report: Crysis 2 is the most pirated game of 2011
Who pillaged the most booty in 2011? Which vessel had the most ornate mast? ... Wait, we've got it all wrong -- these aren't the pirate pirate awards for 2011, they're the most pirated games of the year. Can you guess which game took top ... um ... "honors?" TorrentFreak has tossed out some estimate figures, saying that Crysis 2 was downloaded 3.9 million times over BitTorrent since March, edging out Modern Warfare 3, which was downloaded an estimated 3.6 million times since November. Taking third place on its list was Battlefield 3 with an estimated 3.5 million downloads. Rounding out the top five on the PC side were FIFA 12 and Portal 2. There are also estimated figures for Xbox 360 and Wii games -- Gears of War 3 and Super Mario Galaxy 2 were the most pirated games with 890,000 and 1.2 million estimated downloads, respectively.
French court bans DS 'game copier' devices
Nearly two years after French courts ruled in favor of Nintendo DS flash cartridge sellers, it appears that prosecutors have won their appeal. The Paris Court of Appeals has ruled against Divineo and five other companies responsible for selling devices similar to the R4, which allow users to run unofficial code (pirated games included) on the Nintendo DS. In its statement (PDF), Nintendo revealed that the companies have been charged over €460,000 in criminal fines, as well as over €4.8 million in damages to Nintendo. The company didn't offer specifics, though the ruling included some suspended prison sentences as well. Nintendo unsurprisingly cheered the news, noting that the decision "represents a strong message to French companies dealing in these devices, that such activities are illegal and will not be tolerated." The company also took a moment to thank law enforcement agencies that took part in raids to confiscate the devices in question (something Nintendo has gotten quite adept at over the years). The victory comes as part of Nintendo's ever vigilant campaign against piracy, which has seen lawsuits everywhere from Australia to New York, with some cases leading to similar nationwide bans. Nintendo has also stopped eBay and Amazon from selling flash carts, and has even enlisted the aid of its own customers. And, most important of all, the company has inspired Joystiq's Baby Pirates comic series, which is now teetering on the brink of irrelevancy. Thanks, Nintendo.
Crysis 2 build including multiplayer reportedly leaked
You hate to see it happen: a game is on the verge of launching and those scurvy pirates manage to get their hands on an illegal copy or some leaked code. The latest affected is Crysis 2 -- a near-final build including multiplayer is currently floating around the most unsavory areas of the internet. There's a pretty heated discussion (and plenty of screenshots of evidence) over on Facepunch right now. This latest problem couldn't have come at a worse time for Crysis 2. It's little over a month out and with all of the technical difficulties surrounding its multiplayer demo on Xbox 360 added into the mix, purchase intent and confidence in the upcoming shooter is likely on the decline.
Nintendo files lawsuit against NY seller of 'illegal video game copiers'
Nintendo has fired yet another volley in its war on video game piracy, this time against a Queens, New York-based seller of "illegal video game copiers." Nintendo has filed suit against the owner of NXPGAME, which presided over a website that sold "illegal video game copiers that enable the user to download, play and distribute illegal copies of Nintendo DS and Nintendo DSi video game software." Nintendo alleges that the owner agreed to shut down the website after several calls and letters from Nintendo legal counsel, but proceeded to open another website selling the same products. Nintendo adds that the old site also redirected users to the new one. Nintendo doesn't specify exactly what the "Illegal game copiers" in question are, though it does mention a 2009 court case in which the California Central District Court judged the infamous R4 flash cart to be in violation of the Digital Millennium Copyright Act and deemed them illegal in the United States. According to Nintendo, such devices "circumvent the technological protection measures" of the DS and DSi and thus infringe on the company's intellectual property rights. Jodi Daugherty, senior director of Nintendo's anti-piracy effort, noted that using such devices "is illegal and it's wrong," adding, "Piracy is especially harmful to smaller developers." Alex Neuse, CEO of Gaijin Games (Bit.Trip Runner) states in the press release that he estimates that "more than 70 percent" of his company's games have been obtained illegally. "Put simply," said Neuse, "if you enjoy a company's games, paying for them helps to ensure that they will continue to make products you'll like." The news follows a recent win for Nintendo in a similar Australian court case this past February. That case saw offenders pay in excess of $500,000. In the same month, Nintendo won another case against a man that leaked New Super Mario Bros. Wii onto the internet, ending in a fine of $1.5 million. Once again, would-be pirates, Nintendo is serious about this.
Nintendo wins R4 piracy suit in Australia: Pay up, pirates!
Nintendo's march against the R4 mod cartridge for the DS rolls on this week, as the company has won a lawsuit against an Australian distributor of the now-illegal device, according to iTNews. RSJ IT Solutions, which sold the R4 through gadgetgear.com.au, was ordered to stop selling the device and fined $520,000 ($466,752 USD) in damages payable to Nintendo. Two other respondents named by Nintendo in the suit, Patrick Li and James Li, were also ordered to stop selling the R4 in Australia and fined $100,000 ($89,760 USD). Furthermore, the two are required to disclose the names of their R4 suppliers. This marks Nintendo's second major blow to piracy in Australia this month. Last week, Nintendo was successfully awarded $1.5 million ($1.3 million USD) in damages to be paid by a remorseful Australian man, who was found to be the first to upload New Super Mario Bros. Wii to the internet. Lest any potential pirates out there haven't figured it out yet -- especially those in Australia -- Nintendo isn't messing around.
Australian NSMB Wii pirate to gamers: 'Don't do what I did'
"For James Burt, it's game over." Faced with paying a $1.5 million ($1.3 million USD) fine to Nintendo -- along with additional court costs -- the 24-year-old Australian man who illegally uploaded New Super Mario Bros. Wii to the internet now has to endure the trite (see: "game over" line) and unsympathetic reporting of a local TV show called "A Current Affair." Here's question one: "You do admit that what you did was quite stupid?" BAM. Nintendo Australia's Rose Lappin claims the pirated plumber code was downloaded approximately 50,000 times after Burt bought a copy from a retailer that failed to adhere to the street date. "It's no different to stealing anything else," she concluded, reflecting Nintendo's unflinching legal stance in the matter. As for Burt's considerable debt, he said, "It's something I'm going to have to work through for the rest of my life." It's a clear example and a harsh punishment -- especially when so many pirates escape without repercussion -- that Burt has warned his fellow gamers against. Seriously, guys, do not duplicate that disc. [Via GamePolitics]
Report: Piracy has cost Apple, iPhone devs $450 million
Update: Reader Phillip wrote in to tell us some outlets are concerned with the figures 24/7 Wall St. has presented. While we never claim these figures are 100 percent accurate (we attribute everything to their report, after all), we felt it necessary to point out some other takes on the info. Both Tech Dirt and Ars Technica are calling into question the figures, while our own TUAW suggests these figures are merely assumptions and could very well be "wide of the mark." Original post: Score several million for the scurvy dogs. According to a piece over at 24/7 Wall St., the Apple App Store has lost over $450 million in profits to piracy since opening its virtual doors in July 2008. Bernstein analyst Toni Sacconagh estimates that the App store has had three billion items downloaded by users since its inception, with only 13 to 21 percent (510 million) of those downloads being paid Apps. It's a story we hear far too often. Developers are regaling us with tales of how much piracy hurts their profits and pirates are laughing maniacally at how easy it is to hock illegal wares, living in some dark, damp cave where no light or goodness can be found -- well, save for the light from their pirated iPhone game, anyway. This is done through "jailbreaking," an increasingly common practice of unlocking one's phone through black magic and evil incantations that allow non-App Store programs and items to be installed. Basically, it's God Mode for your iPhone. So how can developers overcome this? Well, some are designing games that requires the phone contact a source to verify the version being played is legit -- an interesting concept that could help pave the way for better anti-piracy solutions. Either way you slice it, you have to be a real [negative adjective] to pirate a game that only costs you a few cents. [Via Pocket Gamer]
Developers deem piracy a problem, not a threat in survey
Troubling news for pirates worried about their fearsome image today: In a recent survey of TIGA members, a majority of developers say that while piracy is a problem, it's not necessarily a fatal one to their business. While 90 percent of those polled think the issue is getting worse, only 60 percent call it a low threat with a mere 10 percent saying it represents a significant danger to their survival. What are the other 90 percent worried about? Well, getting caught between Mega Shark and Giant Octopus, naturally.
Nintendo tackling pirates again (with the aid of consumer snitches)
Police officers often employ the aid of criminal informants, a kind of double agent that works behind enemy lines to get all of the dirt on the lowlifes breaking the rules. That's the new strategy for Nintendo and the 54 other companies that have again jointly filed suit in a Tokyo District Court to thwart the sale of devices used by pirates, such as the R4. digg_url = 'http://digg.com/nintendo/Nintendo_tackling_pirates_with_the_aid_of_consumer_snitches'; Despite winning the initial filing, Japanese retailers still sell the R4 and other flash carts, so Nintendo and (presumably) the same 54 companies have again filed suit. This latest filing aims for damages from those reselling the devices. See, Nintendo and the participating companies sent a letter to these resellers back in February requesting that they cease selling the device, but these resellers failed to comply. Back to the snitching: Nintendo has opened a consumer website to report offenders and retailers hocking the devices. There, folks can fill out a web form with the appropriate information and submit it direct to Nintendo for follow-up. In exchange from Big N, you ask? You don't really expect freebies for doing the right thing, do you? Also, there's nothing. [Via Andriasang]
Sony Asia president discusses repercussions of piracy
During GC Asia's Sony keynote, SCE Asia president Tetsuhiko Yasuda delivered a keynote on piracy and how it's affecting his region. Piracy has always been a big deal in Asia, but Yasuda says it's getting to the point where it's deterring the gradual development of the Asian games industry.Yasuda said that the loss of sales due to software piracy has affected employees at almost every level of development, from the producer who hasn't been able to receive royalties to the youth that dream of being a game developer. For producers, Yasuda says these royalties contribute "to the healthy development of the software business," but warned that, in the long run, students aspiring to be developers will "suffer the most" when they eventually release their first game and feel the pain of lost sales.
Eidos intentionally glitches Batman: Arkham Asylum pirates
Well, this is just hysterical. Posting on the Batman: Arkham Asylum PC forums, user "Cheshirec_the_cat" complained that Batman's glide wasn't working in a certain section of the game, leading to his death by poisonous gas. Before long, Eidos moderator Keir informed him that he had actually stumbled on an intentional glitch in the game that only affects those who pirated their copy. "It's not a bug in the game's code, it's a bug in your moral code," quipped Keir. Sure, more unscrupulous members of the gaming community will discover a workaround eventually, but let's just savor the moment, shall we? [Via MaxConsole]
Valve: We don't really worry about piracy
Though piracy -- the hearty, swashbuckling kind -- is currently running rampant on Steam, Valve boss Gabe Newell is unconcerned by the contemptible scourge of the C:\. "We don't really worry about piracy," he told Good Game in a lengthy E3 interview. Newell pointed to "misconceptions in the industry about what piracy is," drawing attention to the curious paradox that lies in people spending $2000 on a computer, only to resort to theft when they want to play a game on it. The real cause of the problem, according to Newell? "Bad service on the part of game companies."Newell used Russia as an example -- a place that everybody knows is a haven for piracy, right? Why even bother with localizations for that market? Here's why: pirates were doing a better job of localizing content for players, and once Valve offered a timely and accommodating service, its piracy issues in Russia "disappeared." Though the company's service-trumps-scallywags approach is unlikely to defeat hardened code kleptomaniacs, it's certainly preferable to the digital ball and chain of overly restrictive DRM. [Via BigDownload]
Report: Brazil is a 'haven' for video game piracy
The Escapist's Pedro Franco recently wrote up an interesting article about Brazil's recent transformation into a "pirated goods heaven," particularly for illicitly acquired video games. According to Franco, Brazil was once a thriving market for games, until the mid-1990s brought about outrageously high taxes on gaming software (45 percent of the price of PC titles consisted of taxes), diminished per capita income and the transition from cartridge to disc-based games. Now, it's estimated that 94 percent of Brazil's gaming market is composed of pirated merchandise.Check out Franco's full article to find out the social and industrial implications of a nation that finds gaming piracy permissible. (Spoiler alert: It leads to bad things.)[Via GamePolitics]
Dave Perry's piracy solution: Be better than free
It's a well known fact that, though we stop at piracy, we love free stuff. But Acclaim's Dave Perry has opened our eyes today with a concept he thinks could be the one thing that could beat the pirates for good: "Better than free." Basically, he says that the industry needs to set a price bar so low and a convenience standard so high that stealing an inferior product just stops making sense.We don't want any of you to cop to piracy, but we're curious: What steps could publishers take to ensure that neither you nor anyone else you know would want to consider illegally downloading a game?[Via Edge]
Nintendo asks for help against biggest piracy offenders
How do you know when your corporation might have become just a touch too rich and powerful? Well, calling out entire countries should set off a few warning bells. Nintendo has just sent out a release detailing exactly which countries it's got a bone to pick with and why.The company's beef is piracy, which it says the U.S. needs to do a better job battling in China, Korea, Brazil, Mexico, Spain and Paraguay. Check out the full list of offenses after the break. As always, we remind Nintendo that the battle against piracy has to begin and end on the High Seas. Cut off their citrus supply and you'll be stuffing them in scurvy crates and shipping them back to Neverland before you can say Davy Jones' Locker.
