Pirates Pay for Download with Upload of Personal Info

Illegal downloaders of a recently released Japanese erotic game are running into malware that gathers their personal information and uploads it to a website.

A pirated version of the game Cross Days is causing the mayhem, according to a story on Torrent Freak. Those downloading a certain illegal version of the game run a program that appears to be an installer, but turns out to be a Trojan, which grabs the user’s IP address. The virus then presents some kind of survey, which further mines more personal information from the user. All the data, along with a screenshot of the pirate’s desktop, is then uploaded to a website.

Those who had their information uploaded can have it removed from the site it has been posted to, states the site Japanator, but users must admit that they tried to steal the game (by clicking a button).

In a further twist of the knife for the infected, Terms of Service for the Trojan-laden installer reportedly lays out the course of events to come for those who double click it, but of course hardly anyone bothers to read such things.

This blog has a sampling of uploaded desktop pictures caused by the Trojan.

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118 comments

  1. 0
    GoodRobotUs says:

    It’s a two edged sword to me really, suppose it depends if it’s a manufacturer-made torrent that the devs have slipped online, or whether it’s been done by a third party.

    Partly, I’ll agree, it’s hilarious, but I’m not 100% happy with the idea of a company thinking it is ethical to do something like this, even to people who steal their stuff. It’s kind of a hazy line, where does the point exist where ‘professional ethics’ meets ‘illegal downloading’. I can understand the urge to do it, and the argument that ‘if they knowingly download it illegally, they’ve already taken the piss’ is a strong one, but still, it just reminds me a little too much of a slippery slope.

    Of course, if it was done by a third party, it’s just plain hilarious 😉

  2. 0
    sharpshooterbabe says:

    I think I would rather just not downlaod anything that would consider me to be a crminal by doing it. So many people nowadays do so much crap to downloadable content.

     

     

    "It’s better to be hated for who you are, then be loved for who you are not." – Montgomery Gentry

  3. 0
    jedidethfreak says:

    This is very true.  When Batman: Arkham Asylum came out, people had pirated it pre-release, and were angry to find out that it was broken.  You would get stuck in certain places with no way to get out.  However, one person said he pirated it because there wasn’t a demo for it.

    Hilarious, since he posted that post in a thread on GameFAQs discussing the demo.

    You KILL Vampires. You don’t DATE them.

  4. 0
    jedidethfreak says:

    They had to agree to have it posted before they were given the survey, which they wouldn’t have even been presented with had they not violated the law.  Since they had the users permission, it isn’t illegal in the least.

    You KILL Vampires. You don’t DATE them.

  5. 0
    TDOMMX says:

    Yep.  It’s the same kind of people who, when they’re being ferried to Hell, shout, "Tell me!  What did I do to deserve this!?"…

    (Excuse the Hell Girl reference.)

    Rationalizing can be a dangerous self-defense mechanism sometimes.

  6. 0
    State says:

    Some people will go to great lengths to justify their illegal copying of content (they’re even lying to themselves). Just admit that you don’t want to pay for the content and as such will copy it instead.

  7. 0
    jedidethfreak says:

    Actually, they do for beta testers.

    Also, since the story doesn’t seem to say they have SS numbers or CC numbers, you’re making more strawman arguments.  They took his IP address, and other basic info, stuff that’s floating around the internet already, just by using google search.

    You KILL Vampires. You don’t DATE them.

  8. 0
    Lou says:

    It is deception plain and simple. You are asking somebody to summit personal information that ia not the argument here, the argument here is that the information is posted on a public domain and even if these people "agreed" to have this done you have collected their information by using deception (the so called survey). Even if you disagree with the actions of those people it doesn’t entitle you to post personal information online to humiliate them soecualy by collecting this information illegaly.

  9. 0
    jedidethfreak says:

    You don’t use Chrome or Gmail, do you?  If you did, your first sentence, and thus your whole argument, would be moot.

    You KILL Vampires. You don’t DATE them.

  10. 0
    Grifter_tm says:

    That’s actually pretty clever. Instead of raising a hissy fit about having your products distributed for free and hurting your paying customers at the same time, just give viruses to those who downloaded illegally.

  11. 0
    ZippyDSMlee says:

    Ya bu they gather data 3rd person and it tends to lack hard data, just general stuff used for statistical references.Malware tends to dig deeper….this digs deeper….

    And even if you had the data of the downlanders I doubt you’ll want to face the bad press or lawyer fees taking them to court.

    So I’ll say it again when you waste time on chasing ghost and straw men(IE the supposed damage done) you waste time and money.


    Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/

  12. 0
    jedidethfreak says:

    When Google is prosecuted for doing the exact same thing WITHOUT informing you first, then we’ll talk about "two wrongs don’t make a right."

    You KILL Vampires. You don’t DATE them.

  13. 0
    Chris Kimberley says:

    There are a great many companies that collect personal information about people (name, phone numbers, addresses, etc) and sell databases of it to other companies.  It’s not illegal so long as you are informed about what information is being collected and how it will be used.  The fact that it’s accessible for free doesn’t make it illegal.  It’s not moral, but I don’t think selling personal information is either.

    As for being misleading it’s just as clearly spelled out in this case as in others.  Read the fine print and you’ll be OK.  If you don’t pay attention enough and agree to things without reading them it’s only your own fault when you get burned.  You wouldn’t sign a contract without reading it would you?

    ===============

    Chris Kimberley

  14. 0
    Lou says:

    Even if it says that it is going to do that that is a misleading action and the information posted online could be used maliciously.

    You basicaly answered the question yourself. This is an act of viglantism that poses privacy issues. I am not familiar with the laws in Japan but I know for sure they taken personal privacy very seriously. hence my quote that two wrongs don’t make a right.

    It’s wrong to steal programs and it is wrong to mislead indivduals post personal information online jeopardizing the person’s privacy.

  15. 0
    Chris Kimberley says:

    What exactly is criminal about the act?  This isn’t a virus that spreads from machine to machine.  It’s not adding computers to a botnet.  It collects personal information and uploads it to a website.  Which is a potential breach of privacy issue.  Except that it says it’s going to do that.

    Most likely the only thing legal this action violates is the EULA for the original software, which probably includes provisions against modifying the software.

    Also, Zippy wins for best typos commenting on a story about people illegally downloading a (at least somewhat) porn game – "maleware" and "piratically"

    ===============

    Chris Kimberley

  16. 0
    GrimCW says:

    depends really, given countries laws may be dif.

    i’m not lawmaer in japan so tbh i wouldn’t know.

    but tbh anyone dumb enough to actually fill out that info, miss the obvious in the EULA, and install a pirated game without scanning and while being online, deserves every bit of it.

    well.. tbh, they deserve it outright anyways.

  17. 0
    Lou says:

    You guys realize that what these guys did is a criminal act right. And far worse than downloading the file I might add. Even with the warning at the EUA

    Two wrongs don’t make a right.

  18. 0
    jedidethfreak says:

    No, it is not.  Region locking is a system put into media to allow easier localization of content.

    You KILL Vampires. You don’t DATE them.

  19. 0
    jedidethfreak says:

    Read what you just posted – modchips TO CIRCUMVENT COPY PROTECTION.  Region locking is not copy protection.  You can mod something to unlock the region coding without circumventing copy protection.

    You KILL Vampires. You don’t DATE them.

  20. 0
    jedidethfreak says:

    It’s been said a million times, there is a difference between making your PS3 play Japanese Blu-Rays and making it play pirated PS3 games.  I’m sorry you don’t see it.

    You KILL Vampires. You don’t DATE them.

  21. 0
    ZippyDSMlee says:

    Oh bah bah sheep…..the reason they go uncaught is because its practically UNENFORCEABLE …..

     

    http://gamepolitics.com/2007/08/04/ohio-mod-chip-suspect-chronicles-raid-aftermath

     

    http://gamepolitics.com/2007/08/13/media-backlash-hits-homeland-security-mod-chip-raids

     

    http://gamepolitics.com/2009/08/04/feds-bust-california-college-student-modding-consoles

     

    Not all of these involve selling or giving away copies of media…..

     

    Wake up and realize when you give copy right owners to many rights we as a whole lose our freedoms! *sigh*


    Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/

  22. 0
    jedidethfreak says:

    No, they aren’t illegal.  You want proof?  You know all those people suing Microsoft for their modded 360’s being banned from XBL?  If it were illegal to mod a console, they’d have been arrested, as they freely admit to having modded 360’s.

    You KILL Vampires. You don’t DATE them.

  23. 0
    ZippyDSMlee says:

    Read the DMCA, why do you think modchips IE hardware(and software) copy protection circumvention are illegal in the US you moron…. hell even ICE and the FBI went after sellers a year or so ago……


    Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/

  24. 0
    jedidethfreak says:

    It isn’t illegal to mod hardware, you idiot.  It voids the warranty, and may restrict internet access for such hardware, but that’s it.

    You KILL Vampires. You don’t DATE them.

  25. 0
    ZippyDSMlee says:

    DS

    Think deeper young grasshopper, I am looking at the monetary damage done, which is the main reason everyone whines. Ooo how I would like to give them all… A BOOT TO THE HEAD…..pirates(making money illegally) BOOT TO THE HEAD…. corporate suits….BOOT TO THE HEAD…. drooling copy right defenders…. BOOT TO THE HEAD!!!! la lala la la la lalalala lala lala lala lala


    Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/

  26. 0
    ZippyDSMlee says:

    Bah bah sheep…the DMCA makes it illegal to circumvent hardware and software protections to use your fair use right to make a back up, so at the end of the day you want thought police to protect business from the world market instead of working to keep the public interested….


    Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/

  27. 0
    jedidethfreak says:

    Nobody’s talking about making any laws but you, Zip.  You seem to think it should be illegal for companies to do anything to make it so that what they produce is actually used for what they make it for.

    And the only DS that doesn’t play GBA games, at the very least here in America, is the DSi.  I commented on such in my post.

    You KILL Vampires. You don’t DATE them.

  28. 0
    ZippyDSMlee says:

    It dose not matter as you can not make it law and enforce it reasonably, and not all DS’s play GBA games…. I got a M3 so I could have a touch MP3 player and play my GBA games on it, sucks a video player sadly.

     

    My point you can’t make a blanket rule and assume its all one way or another, and with the DMCA they have done just that but again its impractical to enforce on a regular and constant basis. Support the scoff laws all you want just because you can still be arrested for sodomy these days dose not mean infringement is not as inane and silly.


    Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/

  29. 0
    jedidethfreak says:

    No, it’s cool.  DS and I have a way of getting under eachother’s skin sometimes.  Thanks for the backup, though.

    You KILL Vampires. You don’t DATE them.

  30. 0
    jedidethfreak says:

    Again, I’m not saying that I personally have a problem with any of that, only that these arguments being "anti-consumer" are often used to somehow try to make attempts to undermine piracy evil in some way.

    By your own admission, region locking is technically illegal in NZ, so there can be no way for an equipment manufacturer to undermine someone who mods a machine for the sole purpose of getting around region locking.  However, a modded PS2 used to play pirated games doesn’t qualify for such protection.  Also, by your own admission, Region 1 releases are so prevalent that such protection would probably never see the light of day in the US.

    You KILL Vampires. You don’t DATE them.

  31. 0
    jedidethfreak says:

    If I bought a Gamecube, and can play Gamecube games, then I’m getting full use out of it.  If I bought a DVD player for Region 1, and can play Region 1 DVD’s, then I’m getting full use out of it.  If I bought a DS, and and can play DS/DSiWare/GBA games (depending on which DS I own), then I’m getting full use out of it.  If I own an XBox 360, can play 360 games and have access to the internet so long as I follow Microsoft’s rules, I’m getting full use out of it.  If I own a PC and can use the software for the operating system, so long as I meet the requisite specs, I am getting full use of it.

    Your argument isn’t for "full use."  It’s for use beyond full use.  There is a difference.  Why do you think adding a supercharger to a 2010 Camaro voids the warranty?  By your argument, I’m not getting "full use."

    You KILL Vampires. You don’t DATE them.

  32. 0
    ZippyDSMlee says:

    Its agisnt the consumer because they are not getting full use out of the device they bought. They should not have any say over the hardware you either sell it or you do not, to say you can not not modify something after market is just plain wrong and stupid. As for the IP/CP software focus on the sellers of it first and foremost, trying to focus on distribution and copies will only create more scoff laws.

     

    In law you can not separate the pirates from the moders/importers so you must allow the gray area to exist, its a bonus to a otherwise highly controlled and industry regulated market of caned,boreing and locked devices.


    Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/

  33. 0
    mirumu says:

    Some of us do actually like to run genuine homebrew, but not a majority by any means. While I’d like an official way to support such software, there’s no denying that an open system leads to illegal copying.

    The zoning restrictions on Blu-rays and DVDs are not about piracy though. They’re about controlling regional rights as a way of making more money. It’s not much of an issue in the US since it’s a big enough market to warrant most releases, but other parts of the world aren’t so lucky. Many discs are never released in certain zones. I’m personally affected quite a lot by that one as there’s various Blu-rays I’d love to own that are out in Region A, but have not and probably will never be released where I live in Region B (I’m in New Zealand). Even the government here considers region locking mechanisms such as this "anti-consumer" and in NZ law we have the right to break zoning restrictions specifically for this reason. Illegal copying is of course a different story.

  34. 0
    hayabusa75 says:

    Er…your words from above, DS:

    "This is more like vigilante action by a third party."

    No "seems" there, it seems.

    And I think you have jedi confused with another well-known poster on this site, as far as the whole shouting down thing goes, at least from what I’ve been seeing these days.

    "De minimus non curat lex"

  35. 0
    jedidethfreak says:

    That’s fair, and please keep in mind that I don’t think that anyone who uses homebrew or a modded console is a pirate, because I know full well that isn’t the case.  However, I do have a problem with the argument that console/media player manufacturers frowning upon such activity is somehow against the "consumer."

    You KILL Vampires. You don’t DATE them.

  36. 0
    Thomas McKenna says:

     I agree with jedidethfreak in this thread.

    However, I have once had an issue with zoning restrictions.  I ended up having my Gamecube moded, and I bought the games I wanted straight from japan and had them shipped over.  I personally think zoning is a stupid concept in modern application, but not in a "piracy is justified" sort of argument.

  37. 0
    DarkSaber says:

    Saying something "seems like" is not an assumption.

    As you’ve been told by others before, the more you try and be a smartass the further you go towards cementing yourself as a dumbass.

    ————————————————–

    I LIKE the fence. I get 2 groups to laugh at then.

  38. 0
    jedidethfreak says:

    Like Zippy just proved, a lot of the arguments against activities meant to put a hamper on piracy involve the "consumer."  Nintendo not wanting the R4 to be sold because of it’s use in piracy?  That somehow affects the "consumer."  Nintendo releasing firmware updates for the Wii to screw up homebrew?  Again, affects the "consumer."  Zoning restrictions on Blu-Ray/DVD/CD players?  Yep, the "consumer" is somehow adversely affected.

    As someone who has purchased all of the above, I have not once been affected in any way by these, yet, according to pirates, or people who defend them, I actually have, and don’t even know it.

    You KILL Vampires. You don’t DATE them.

  39. 0
    jedidethfreak says:

    Funny, since I haven’t attacked your assumption that this is just "vigilante" actions by a third party…

    Dick.

    You KILL Vampires. You don’t DATE them.

  40. 0
    DarkSaber says:

    "A valid assumption on my part"

    Pretty funny coming from someone who routinely tries to shout down other peoples assumptions as "invalid".

    ————————————————–

    I LIKE the fence. I get 2 groups to laugh at then.

  41. 0
    jedidethfreak says:

    Which is why most arguments for piracy or for less stringent anti-piracy methods fail, with the exception of anti-DRM arguments.

    You KILL Vampires. You don’t DATE them.

  42. 0
    jedidethfreak says:

    A valid assumption on my part, seeing as how, according to the GP post, it’s specifically targeted at people who illegally procure a copy of the game.  If I’m wrong, I’m wrong, but in that case, kudo’s to whomever is responsible, so long as it stays targeted to those who illegally procure the game.

    You KILL Vampires. You don’t DATE them.

  43. 0
    DarkSaber says:

    Christ you’re stupid. "Ghosts and strawmen" imply things that don’t exist. The people downloading free versions of this game very actually exist, and some of them are very actually being affected by this. If they were ghosts, nobody would be being affected by the malware.

    ————————————————–

    I LIKE the fence. I get 2 groups to laugh at then.

  44. 0
    DarkSaber says:

    Still don’t see where you’ve got this idea the company who made the game are responsible for the malware.

    ————————————————–

    I LIKE the fence. I get 2 groups to laugh at then.

  45. 0
    ZippyDSMlee says:

    Err…. hacking/virus making is wrong period and they should be fined for it.

     

    How about focus on consumers more instead of one legged boogieman, oh thats right keeping consumers interested in your products is hard…. going after ghosts and stawmen is easier…….


    Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/

  46. 0
    jedidethfreak says:

    Well, to make a claim against the company of illegal activity, you have to admit to illegal activity in the first place, so maybe people will think twice about committing piracy?

    Nah, who am I kidding?

    You KILL Vampires. You don’t DATE them.

  47. 0
    ZippyDSMlee says:

     

    You missed alot of my points…… or are ignoring them.

    My point about business failing was no matter the size,demographic, independence or  profit it will end or close down due to the over all market,public interest and their(business) overhead and interests. We have seen studios closed no good reason we have seen them close due to not getting enough profit to stay in business,we have seen them merge and be gobbled up in the process and we have seen the gobbled up or closed due to them making profit but not making enough of one to remain a part of a group.

    The sheer business of media is a rocky sea that "piracy" dose little to change(for the better) or harm, it may do short term localized harm(bootlegging) if gone unchecked but the overall damage is absorbed multiple times into the overall system.

    Quote:
    "As I hinted to before, I’ve personally witnessed overzealous file sharers flood a company’s online store and forums with literally thousands of "TORRENT LINKS TO DOWNLOAD ALL HIRAMEKI GAMES FOR FREE!!" posts. I followed the company’s attempts to clean up the mess, beef up security, and get back to their usual business, but, sadly, they were forced to close their doors after five months of such attacks. Make of that what you will."

     Sounds to me they could not catch and maintain the public’s interest, also I bet you all of those links went to places that directly profited from the items they shared in one way or form. You must understand I am not for that, I am not for file sharing as we see it today, the kind of file sharing I want is that the person/group sharing can not make anything off ad rev,donations or direct sales without a license from the IP/CP owner this will marginalize information sharing to what its meant to be and allow illicit profit focused on and done away with.

     

    Quote:
    "I think I should issue a word of advice. You claim to have researched your arguments, yet every single detail in your understanding of my earlier example was provably incorrect. Now, I don’t think you’re an idiot, and I respect your right to your own opinion, but I can’t just agree to disagree when such obvious falsehoods are present in your rebuttals. As I told hellfire7885, please take the time to research a subject properly before throwing in your opinion; a few glaring holes can quickly tear apart your own credibility (see: Fox News and Mass Effect)."

    That can be said true of any argument, anything you can up with I can counter and vise versa facts are more subjective than people care to give them credit for. I suggest you look deeper in whats said rather than just the base information retained in the word structure.

     


    Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/

  48. 0
    jedidethfreak says:

    Fair use doesn’t protect distribution in any way.  It protects the use of it.  I can do a book report on a John Grisham novel, using quotes from the book, and have the use of the quotes protected by Fair Use laws.  I cannot copy the book and give it out to hundreds of thousands of people so they can read the book without paying for it, nor can I take said copy without paying for it, and have that protected by fair use.  You seem to think people can and should.  That’s why I still stand by my post that you have no idea what fair use actually entails, and should stop using it as an argument.

    You KILL Vampires. You don’t DATE them.

  49. 0
    TDOMMX says:

    With all due respect, you entirely missed my point.  I never said in my post that piracy was the reason these companies flopped (though I can justifiably do so for one of them, as you’ll see in a moment).

    Clover Studios created the critically-acclaimed Okami, which was squarely aimed at the same action-adventure-gamer market as modern The Legend of Zelda titles.  They also created the much-lauded Viewtiful Joe series, which was quite popular with side-scroller fans.  Cing created admittedly niche titles such as Trace Memory and Hotel Dusk, which each received large amounts of praise.  Hirameki International published award-winning titles including Phantom of Inferno, Hourglass of Summer, and Ever 17; I wouldn’t be surprised if you never heard of them, but they were tailored to the same market at the Ace Attorney series (you might be surprised by Ever 17’s after-market value on Amazon…).  The other three companies I listed were all publishers of enormously popular anime titles (not games), including Sailor Moon, Dragonball Z, Fullmetal Alchemist, Neon Genesis Evangelion, Akira, and Hellsing.  Considering the immense mainstream popularity of many of these titles, I’m curious how you could claim that they weren’t being made for the right market (though I can somewhat agree with respect to the two niche companies).  Cing and Hirameki were not owned by large publishing houses, and neither were Central Park Media or ADV Films (Clover was a subsidiary of Capcom and Geneon was the American branch of Geneon Universal Japan, but that didn’t prevent either of them from folding, so I wonder why you even bothered bringing up that erroneous detail).

    The connection between the six was that they were all companies that made outstanding titles (not necessarily games) and yet they were all commercial failures.  When thousands, sometimes even millions, of people claim to love a title and yet its developer / publisher goes belly-up not that long after its release, something has gone horribly wrong.  It’s not an issue of putting money in the wrong place or not being able to keep their target market’s interest; in many of the cases I just listed, the companies did exactly what they should have.  I won’t claim to know exactly why these companies failed, but, as I’ve just shown, the theory you’ve just presented does nothing to explain it (which, I should note, is the whole point to such a theory).  Furthermore, there’s no way I can dismiss the likelihood that many of the people who sang praises for a work didn’t actually buy it.

    As I hinted to before, I’ve personally witnessed overzealous file sharers flood a company’s online store and forums with literally thousands of "TORRENT LINKS TO DOWNLOAD ALL HIRAMEKI GAMES FOR FREE!!" posts.  I followed the company’s attempts to clean up the mess, beef up security, and get back to their usual business, but, sadly, they were forced to close their doors after five months of such attacks.  Make of that what you will.

    I think I should issue a word of advice.  You claim to have researched your arguments, yet every single detail in your understanding of my earlier example was provably incorrect.  Now, I don’t think you’re an idiot, and I respect your right to your own opinion, but I can’t just agree to disagree when such obvious falsehoods are present in your rebuttals.  As I told hellfire7885, please take the time to research a subject properly before throwing in your opinion; a few glaring holes can quickly tear apart your own credibility (see:  Fox News and Mass Effect).

  50. 0
    ZippyDSMlee says:

    Actually fair use dose protect one from distributing clips and such for criticism and such, the trouble is when the sht hits the fan a court has to determine if its fair use or not. Which is the same as being shot and given a citation to come to court.. fair use is woefully inept for these times.

     

    No not many understand the ramification of allowing copy right owners to squash fairuse, free speech and thought, you either understand the meaning of digital disobedience or you are philosophically with the anti civil rights crowd of the 50s because of arrogance or ignorance or both…..


    Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/

  51. 0
    ZippyDSMlee says:

     

    Well anything about piracy/bootlegging and sharing is relevant to the topic at hand IMO

    What do they have in commen? Being owed by a large punishing house and closed because they are not making games for the right demographic……

     You can not blame a business or dev failing because of sharing, because in comparasion to the large waves generated by the market and the owner sharing is more like a chilly mist.

    Now everyone whos making a illegal profit on the IP/CP they are out their in your way and stealing money from the consumer at the same time lowering the over all bar of available profit.

     

    From what I have seen and researched downloading is oblivious to the process(the process being making/selling media) mainly because its not even scratched the tip of the ice breg of profits the over all media industry makes. So if you weed out 50% or more of it that is for profit based it will marginalize the supposed harm even more.

    Again it is my belief if a business fails to stay in business it is due to the people owning it wanting to put money into something else and or they were unable to maintain the public’s interest. The game industry has protected itself well modified units are found and baned from their respective online service, most new games need a updated firmware to run this mostly pertains to the 360 but as tech moves forward even blu ray could do that if they wished to put in place extra levels of protection so all in all the multi billion dollar media industries are well protected from people sharing,even at they rate they are doing now which would drop if everyone would focus on the illicit profit….


    Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/

  52. 0
    Monte says:

     "If soemthign is not enforceable is it still illegal?"

    Yes it is still illegal.

    A crime is still a crime whether or not you get caught, and people HAVE been caught for piracy and what-not.

  53. 0
    jedidethfreak says:

    Now you’re comparing illegal copying to the civil rights movement?  Do you honestly expect anyone else to make that jump?

    Since public schools obviously failed you, a couple of things you should know:

    -Nobody has the right to copy someone else’s work.  Doing so is not a civil right.  The reason minorities fought for civil rights is because SOME had them and others don’t.  This isn’t like that.  This isn’t an issue where SOME people can commit piracy legally and others can’t.  NOBODY can do so legally.

    -Civil rights isn’t a "grey area."  It never was.  It was always black and white (pun not intended, I swear).

    -Copyright isn’t a "grey area" either.  If you didn’t make it, and don’t have permission to distribute it from the person/group who did – for profit or otherwise – you’re breaking the law.

    -Fair use doesn’t allow people to distribute for personal use, no matter how many drugs you take to make yourself think that.

    You KILL Vampires. You don’t DATE them.

  54. 0
    TDOMMX says:

    What do Clover Studios, Cing, Hirameki International, Central Park Media, Geneon Entertainment, and ADV Films have in common?  If you can figure out what links them, you can understand why this question is very on-topic.

    Sorry if it seems like I’m beating around the bush; I’d just like you to recognize the implications of your stance on this issue.  While I agree that the inclusion or screenshots or footage in reviews being a criminal offense is pure idiocy, I think you’re pointing the slippery slope argument in the wrong direction.

    Suppose someone starts giving away photocopies of entire novels in the vicinity of a bookstore.  Or handing out camcordings of the latest films outside of a theater.  I’m sure you’re smart enough to recognize the link between this and your earlier assertions.

    The internet merely removes the concept of geographical distance from the equation.

  55. 0
    ZippyDSMlee says:

     

    That would be true if it were 100 years ago when you did not have the ability to copy and distribute without a profit motivate thus doing no harm to a IP/CP.

     

    You have to understand focusing on copies and distribution is antiquated terminology. It means that any text,picture sound or thing can not be share/posted/blogged regardless because the IP/CP owner has absolute rights over distribution and copies this is why mod chips were made illegal this is why you can not legally buy DVD copying software in the US the DMCA override’s fair use and says you may not circumvent hardware or software copy protections.

     

    This mindset is leading us to a day where you will be sued for infringement for talking about anything on the net. IF you don’t believe me look at youtube and other sites people are being hit by take down notices from organizations paid by CP/IP conglomerates. There is no balance to how copy right and the common public meet, its either consume at the barrel of a proverbial gun or be sued out of existence for non compliance with society.

     

    Again you think free sharing= stealing I say its a god damn American right of fans being fans, we are rich enough as a society to skirt such things because if you treat illicit sale like drugs and marginalize sharing to a point were only small pockets of heavy sharing going from that you will have more instances of criticism and deviation of the work the IP/CP owners can use to sale more crap to the public. The public only cares about infamy and fame advertisement and retooling dose far more to hurt a IP/CP’s value that any fan protect ever will. I can not see IP/CP as an absolute there is to much there for education, inspiration in medias combined information to right off off to the highest bidder.

     

    Yes profit should be protected but not with a throwing the bottom line at people mentality. Non profit sharing costs more to prosecute than to allow nd regulate(with a handy 10% media tax on digital storage devices,blank discs,and internet services(drop the old tape tax while your at it)), society needs to wake up and understand that.

     


    Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/

  56. 0
    ZippyDSMlee says:

     

    *sigh* If soemthign is not enforceable is it still illegal? Look at the civil rights movement, look at the pot movement,ect copy right or more specifically fair use is in the same gray area that society has not really thought hard and long about. And yes I will proundly say non for profit infringement is on the same level of civil disobedience during the 50s.


    Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/

  57. 0
    jedidethfreak says:

    Uhh…yeah, it can be illegal.  If they pass a law saying it’s illegal, it’s illegal.

    Did you get a really good bottle of pills, or a really bad one?  You’re coming off a lot stupider than usual.

    You KILL Vampires. You don’t DATE them.

  58. 0
    jedidethfreak says:

    Zip, the reason why for-profit sharing and not-for-profit sharing is the same legally is because they both cause the same harm to the rights owner.  In either case, someone has a copy of something that the rights owner sees nothing for.

    Oh, wait, you think people who make things don’t deserve to be paid for what they make.

    You KILL Vampires. You don’t DATE them.

  59. 0
    ZippyDSMlee says:

    AE

    The world is big enough to allow for free sharing of media and information and as the modern nations become 2nd world nations its all more important that the public can have access to information without the fear of jack boot enforcers.

    Also I think as things like ACTA get ratified and spread across the world if they would focus on profit and trying to make profit from IP/CP they would close out all the "bad" information distribution sites and allow self run free ones to exist.

     

    We need more individual/user protection in fair use our last line of defense against media police and thought control….

    / tinfoilhat mode

     


    Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/

  60. 0
    ZippyDSMlee says:

    Yes as long as you are not gaining any profit or trying to pay for the service useing my IP/CP, you are a  fan not some fragging pirate.

     

    While I might bitch at the term pirates/piracy’s whole purpose is to make money off the goods they copy and that should be a crime equitable to drug sells.

     


    Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/

  61. 0
    ZippyDSMlee says:

    *sigh* you tube,blogging,ect its treated the same, you are infringing upon someones inane right to have absolute control over a property they most likely bought from soemone.

    I also find it quite laughable you can not discern for profit downloading,ect and free sharing/downloading as its no different than moding hardware to use imports/home brew, its the same level of “violation”.

     

     


    Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/

  62. 0
    Andrew Eisen says:

    "Again sharing is not theft its not a criminal offense,a civil matter that is poorly enforced and without a proper expansion of fair use we will have the thought police looking for illisct media……"

    So, let’s say you make Zippy’s Grand Adventure and sell it for $5 on your website.  Now let’s say I buy a copy.  You’d be totally fine with me hosting your game for free on my website?

     

    Andrew Eisen

  63. 0
    ZippyDSMlee says:

    Meh I have worse days 😛

    My thoughts are contorted because I do not believe sharing/downloading is a crime worth policing much less wasting time on. Now for profit sharing/downloading is a whole other ball game of which 50-80% of current sharing/downloading thrives on, but due to good old fashion greed and contempt they want to throw the baby out with the bath water….


    Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/

  64. 0
    ZippyDSMlee says:

    This reminds me of the argument of Christianity when they decry morals, as if they have an absolute grasp on the word. Morals are different for different people they are not prefect lil copies.

    Heres the problem as I see it the world is going to infringe upon ip/CP no matter what inane and ineffective laws are passed, Conglomerated Cooperate pretty much runs the media industry with an iron fist they took out right of return away and have damaged our fair use rights so ya know screw them.

    Sharing is oblivious to the media industry because its to big, and people are piratically bred to consume so even if you allowed free non profit sharing it would not damage the media industry.

    Again sharing is not theft its not a criminal offense,a civil matter that is poorly enforced and without a proper expansion of fair use we will have the thought police looking for illisct media……


    Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/

  65. 0
    jedidethfreak says:

    Are you comparing people who copy games for their personal use, to avoid paying for it, to game critics?  Really?

    More proof that you don’t know a damned thing about what’s going on.  People who copy games for their personal use aren’t "critics."  They are breaking the law.

    You KILL Vampires. You don’t DATE them.

  66. 0
    ZippyDSMlee says:

    Ya…lets forget we live in the modern world where posting a picture or a bit of audio in criticism,ect is not considered fair use…..

    The way copy right and even fir use is right now its incompatible with the times.


    Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/

  67. 0
    Parallax Abstraction says:

    I really wish you would just stop with the BS moral arguments and just say that you don’t believe you should have to compensate game authors for their hard work but still get to play their games anyway.  Trying to justify ripping off someone else by either saying it isn’t theft because you say so or because there’s some moral reason is ridiculous.  The software author is asking for money for their product.  If you don’t agree and don’t want to provide it that’s fine but then you don’t get to play it.  If you don’t like that, too damn bad but thinking you aren’t a scumbag thief doesn’t make it so.  If your house ever gets robbed, I’m sure you wouldn’t accept "well I had a moral reason to do it" as an excuse from the burgler.  Am I and those who actually pay for our games better people than you and those who try to rationalise stealing in the cloak of moral rectitude?  Damn right we are.

    Anyone who ripped this game off is getting exactly what they deserve.

    Parallax Abstraction
    Ottawa, Ontario, Canada
    blog.digital-lifeline.ca

  68. 0
    jedidethfreak says:

    As many people keep pointing out, file sharers != illegal downloaders.  I play Guild Wars, which uses peer-to-peer file sharing for updates.  By your argument, I’m an illegal downloader, since you seem to equate the two.

    I didn’t understand anything else you posted after the first couple of sentences, so I’m not going to comment on anything else.

    You KILL Vampires. You don’t DATE them.

  69. 0
    jedidethfreak says:

    You know, you keep citing fair use, but I don’t think you actually know what your talking about in that regard.  Fair use allows for limited use in presentations and schoolwork or work in a business, but fair use does not, in any way, allow people to make copies of games and distribute them for personal use.  Also, freedom of expression is not the freedom to make copies of someone else’s work for personal use without their permission, so your entire argument is flawed.

    You KILL Vampires. You don’t DATE them.

  70. 0
    ZippyDSMlee says:

    Well the times pretty much demean that they be called infrimgners only a few of them are actual pirates. Software piracy comes from video/audio piracy, which sold copies, thats just not the case these days with software piracy of which the majority is infringement the same as making a copy of a retail video or audio disc, you by pass the protection to make yourself a back up you are in violation of the the DMCA and breaking the law no different if you share acouple things online, all that matters is when they find you and make a circus parade out of you in court.

     

    ACK wall o text LOL


    Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/

  71. 0
    ZippyDSMlee says:

    Looks at frist few lines of the article….

    "Illegal downloaders of "

    I am sorry but this is about file shearing and idiots  pushing out male ware/virus only the idiots invoked this time are the devs that made the game.

     

    Public interest dose 2 things dear it drives popularity and popularity drives sells frist, fan works and sharing next. You can not realistically have one without the other.

     

    Now by all means treat illicit profit like drug sells, as sharing needs to be forced to stay health and be separated from the blackmarket.


    Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/

  72. 0
    ZippyDSMlee says:

    Its quasi illegal dear because its almost impractical to enforce.

    Also the more things become copy righted the less the public can freely use their rights of free expression and or fair use. So you are either for the thought police or against them.


    Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/

  73. 0
    TDOMMX says:

    …You know, the meanings of different words change over time.  A mouse used to only refer to those squeaky critters that like to burrow in small corners and munch on cheese and table scraps.  A window used to only be a framed hole in the wall that let light into a room.  If you’re going to be a stickler about archaic definitions, please pardon the cliche when I say, "get with the times"…

  74. 0
    jedidethfreak says:

    Apparently, you still don’t see this as not about file sharing.

    Also, are you saying that people pirating MW2 did so because there was no public interest, or that public interest waned because of it being pirated?  If so, your idiocy has reached a whole new level, Zip.

    You KILL Vampires. You don’t DATE them.

  75. 0
    jedidethfreak says:

    How is it quasi-legal?  It’s explicitly defined, and is pointed out to be illegal – if you own software you didn’t pay for, or distribute software without permission from the people who own the rights to it, you’re violating the law.  There isn’t a "grey area."

    You KILL Vampires. You don’t DATE them.

  76. 0
    ZippyDSMlee says:

    Piracy only happens on the open sea’s, file sharing is not piracy, nor bootlegging.

    Did they try and sale it illicitly ,thats bootlegging then.

    Downloading is sharing and hard to prove much less enforce, downloading/sharing is like the pot argument only people seem to be twice as anal about it.

     

    I am sorry but this is how the world works you either sale your product/software to an interested public or you do not, downloading/sharing is oblivious to that because if the public is not buying its not the downloading/sharers fault the public is not interested in it.


    Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/

  77. 0
    DarkSaber says:

    Your assumption I am trying to make an argument is invalid.

    I’m just encouraging people to laugh at you as you go all frothy-mouthed.

    ————————————————–

    I LIKE the fence. I get 2 groups to laugh at then.

  78. 0
    jedidethfreak says:

    That’s really all you have, in an attempt to make some sort of argument that having a problem with piracy is wrong?

    You KILL Vampires. You don’t DATE them.

  79. 0
    jedidethfreak says:

    This story isn’t about "file sharing."  It’s about pirating a game.  Pirating a game is illegal in a vast majority of countries around the world.  If you don’t like that by pirating a game, you are breaking the law, too bad for you, I guess.  Until downloading media you didn’t pay for is made legal, you’re just going to have to deal with those of us that think breaking the law for your own personal gain is wrong.

    You KILL Vampires. You don’t DATE them.

  80. 0
    DarkSaber says:

    Well when I’m burning in hell I’ll be sure to repent, until then I’ll carry on enjoying my free games. kthnxbye.

    *Goes back to playing on his CycloDS flash cart while his torrents finish.*

    ————————————————–

    I LIKE the fence. I get 2 groups to laugh at then.

  81. 0
    ZippyDSMlee says:

    FFS man sharing is not wrong, thats whats wrong with this country sharing=bad, go out and get it yourself or die*spit*.

    If unprofitable file sharing is wrong then there is nothing wrong with thought police.


    Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/

  82. 0
    TDOMMX says:

    I was referring to this blog entry, which was linked to in the original GP story.  Given the series of references in each of the English articles (Japanator links to the blog page, Torrent Freaks links to both the blog and Japanator, and the blog links to itself), I think it’s safe to assume that this is how English speakers learned of the Cross Days situation.  What I stated before is basically my understanding of the situation based on the three webpages.  I’m no expert at Japanese, so please excuse me if my summary was somewhat off the mark; I should note that it’s my interpretation of what was said and not a verbatim translation (I did say "I’d bet" to note that part of it wasn’t pure fact).

    That said, I’m intrigued by the concept of digital vigilantism.  Like it’s real-life equivalent, it falls into the gray area of the legal and ethical spectrums, so it’s a given that it’ll have its detractors.  An official statement from the author of the virus or the game’s developers would be an interesting read, to say the least.

  83. 0
    jedidethfreak says:

    Can you link the article you got that from, please?  I read the link in the GP article, and I didn’t read that anywhere, other than a particular anitvirus program dinged a false positive with the real .exe.

    You KILL Vampires. You don’t DATE them.

  84. 0
    TDOMMX says:

    According to the articles that first reported on this story:

    The original Cross Days installer was mistakenly being recognized as a virus.  Some of 0verflow’s fans took note of this fact and decided to show their support for the company in a previously unheard-of fashion – by replacing the supposed virus with a real one.  Anyone who pirated the game wouldn’t have been the wiser until it was too late.  The developers themselves had nothing to do with it, but I’d bet they wouldn’t disapprove of their real fans taking a stand against the poseurs and forcing them to reveal their identities.

    Nothing personal, but it doesn’t hurt to take five minutes or so to find out what’s really going on before commenting on the story.  We can’t ridicule Fox News for failing to do the research, yet brush the issue aside when we fail to do the same.

  85. 0
    hellfire7885 says:

    Well, apologies for getting the price wrong on a piece of media  never even heard of until today. Anyway, I’m fairly certain al lthis did was let hackers know it’s there and fidn ways to make it safe.


  86. 0
    Mad_Scientist says:

    This is kind of funny.

    Normally, I absolutely HATE malware of any type, but this particular case is an exception. The fact that it actually says exactly what it’s going to do in the ToS is particularly amusing.

  87. 0
    Plankitechet says:

    Hardcore, I especially like the way people have to own up to what they did to have it reversed. Another blow to pirates’ self-delusion.

  88. 0
    TDOMMX says:

    Ummm…  Cross Days is 9,975 yen (~$110 US) and it’s the third in the series (after School Days and Summer Days, which were 9,975 yen and 8,925 yen / ~$100 US, respectively) – a far cry from the figure you obviously made up.

    The anime adaptation of School Days was fairly good aside from some glaring problems with direction / subtlety and the occasional tasteless gag; it’s otherwise quite serious and raises some important issues about the lack of parental involvement in the lives of their kids.  The show is easily rated 17+ and can be streamed for free in English (legally, I might add) at Crunchyroll.com.  Just be prepared to start hating many of the characters since their actions are completely detestable.

    I haven’t played the original game, or any others in the series, so I can’t comment on the source material beyond them being interactive anime with very adult themes and their potentially disastrous in-game consequences.  There’s an English translation project under way, though, so I’ll be checking it out in due time.

    Back on-topic: this sounds to me like someone is pissed that they were caught on camera with their hands in the cookie jar when there was a notice beside the door saying saying, "This room is under surveillance".

  89. 0
    Chris Kimberley says:

    If the terms of service accurately lay out what’s going to happen then this is a "buyer" beware kind of situation.  I’m not so sure it’s illegal to say to someone "I’m going to send a screenshot of your desktop to a website, that OK?"  And then do it when they say yes.

    It doesn’t sound like this will spread itself around or hijack your computer to send spam or anything like that.  It just embarrases you.  I say good for them.

    ===============

    Chris Kimberley

  90. 0
    DarkSaber says:

    The Devs have nothing to do with this as far as I can see. This is more like vigilante action by a third party. (Not that I’ve bothered checking beyond the article here mind.)

    ————————————————–

    I LIKE the fence. I get 2 groups to laugh at then.

  91. 0
    jedidethfreak says:

    This is probably the coolest story I’ve ever read on GP.  Way to go, Cross Day devs!

    Also, /inb4_claims_of_illegal_activity_by_the_devs

    You KILL Vampires. You don’t DATE them.

  92. 0
    asmodai says:

    I wonder if the people who made the trojan understand that… ahem, infecting people’s PC’s with malware isn’t exactly a kosher thing to do…

    Not that I’m supporting file sharing (That graphical explanation is awesome… =), but do we really need another piece of malware floating around?  Particularly when the code can (and probably already has been) taken and malformed in to something new and significantly more problematic?

  93. 0
    DarkSaber says:

    The moral of the story: Keep your anti-virus up to date and make sure you scan all those torrents!

    ————————————————–

    I LIKE the fence. I get 2 groups to laugh at then.

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