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DRM we can back: Humiliating pirates for fun and profit photo

Japanese game studio 0verflow is populated by geniuses. Rather than combat piracy with oppressive DRM, the developers of erotic title Cross Days is tackling the thieves in a more direct way -- wielding abject humiliation as its weapon. 

A fake trojan has been released online, hiding within a fake installer for Cross Days. Once installed, the trojan will then gather data from the pirate's computer and poses a fake survey for the player to fill out. Once the survey is done and the program is finished gathering data, everything is posted to a public Web site, alongside a screenshot of the "victim's" desktop. 

If the pirate wants his or her information taken down from the site, they need to click a button admitting they stole Cross Days and apologize for the naughty thing they did. If you think 0verflow can't do this, think again -- it's all covered in the program's Terms of Service, which none of us read, but probably should. 

So there you are. Be very careful about what you try to pilfer. Playing something like Cross Days is embarrassing enough without telling the world about it, some would say.

Wait, pirates! That Cross Days download is a trap! [Japanator]








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72 comments | showing # 1 to 50
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next 50 comments

Gorescream's Avatar - Comment posted on 03/30/2010 15:01
Gorescream
How intricate.
PappaDukes's Avatar - Comment posted on 03/30/2010 15:02
PappaDukes
This is amazing!

What is this public website they will be posting to?
SimonSaysDie's Avatar - Comment posted on 03/30/2010 15:04
SimonSaysDie
This is brilliant. More games should do this.
MrSadistic's Avatar - Comment posted on 03/30/2010 15:04
MrSadistic
Or they could just not fill out the survey, like I did... I mean not that I played the game or anything... just sayin'.
Darren Nakamura's Avatar - Comment posted on 03/30/2010 15:05
Darren Nakamura
I wonder how makers of non-erotic games could try to humiliate pirates...
Jon B's Avatar - Comment posted on 03/30/2010 15:05
Jon B
They neglect the fact that most firewalls will block this, and 90% of pirates aren't stupid enough to let their copy send ANYTHING back to the developers. Nice in theory, but this stuff's too easy to get around.
Plus the fact most people would notice if you got a trojan suddenly. Creative, but I still prefer the Earthbound antipiracy method.
dj-anon's Avatar - Comment posted on 03/30/2010 15:07
dj-anon
"it's all covered in the program's Terms of Service, which none of us read, but probably should."

I don't read them because they are usually an elaborate way to say: you are fucked in the ass if we fuck up.
Xzyliac's Avatar - Comment posted on 03/30/2010 15:12
Xzyliac
@PappaDukes
I want to know as well!
Caspulex's Avatar - Comment posted on 03/30/2010 15:12
Caspulex
@Jon B

90% of pirates is way too big of a percentage. Most people who'd download this only think of the impending animu sex game. Their privacy? To hell with that! ANIMU POONTANG AWAITS!
TheDRMaster's Avatar - Comment posted on 03/30/2010 15:16
TheDRMaster
theDRMaster approves.
shaoranwright's Avatar - Comment posted on 03/30/2010 15:18
shaoranwright
The girl on the left (with the orange-red-whatever hair) has sex with boys... despite the fact that she's a boy too... O_O
Occams electric toothbrush's Avatar - Comment posted on 03/30/2010 15:18
Occams electric toothbrush
Oh this is just peachy.
Samulus Wolfgang Maximus's Avatar - Comment posted on 03/30/2010 15:19
Samulus Wolfgang Maximus
No DRM is the best DRM <3
ace of knaves's Avatar - Comment posted on 03/30/2010 15:22
ace of knaves
You couldn't have warned me about this a little earl-...I mean hahaha, very clever, what they did there. Yes.
janoDX's Avatar - Comment posted on 03/30/2010 15:24
janoDX
Brilliant, I love Overflow!!!
MidnightOwl's Avatar - Comment posted on 03/30/2010 15:24
MidnightOwl
For real embarrassment, maybe the game could take over the victim's webcam and click a secret snapshot of them "playing" the "game"...
Kaspar's Avatar - Comment posted on 03/30/2010 15:24
Kaspar
GL to the 10 people that they'll catch with this...

Do you seriously think that the majority of pirates are dumb enough to fall for this?
Jayge's Avatar - Comment posted on 03/30/2010 15:28
Jayge
Not that most people are dumb enough to fall for this (I've been hearing about this for weeks now, it's old enough news that nobody should be caughy by surprise) but even if they did, and even if it IS in the ToS, a contract that contains provisions which are technically illegal can be ruled invalid.

Assuming there is anything illegal in the ToS. If not, then woo! It would be hilarious if someone found something and they sued the developer though.
Joshingo's Avatar - Comment posted on 03/30/2010 15:31
Joshingo
Dirty boy naughty now!
CtMythic's Avatar - Comment posted on 03/30/2010 15:34
CtMythic
To be honest I'd be much more embarrassed if helped make the game than if I pirated it.
Excel-2011's Avatar - Comment posted on 03/30/2010 15:46
Excel-2011
That's why you should always check your downloads against hashes of known safe files.
Super Drybones's Avatar - Comment posted on 03/30/2010 15:47
Super Drybones
This is the website I think, I can understand anything japanese unless it's taking her pants off.

http://blog.livedoor.jp/insidears/archives/52256874.html
Super Drybones's Avatar - Comment posted on 03/30/2010 15:48
Super Drybones
Can't* damn you me. Link is a bit NSFW, no nudity, nut it's anime so there you go
Syn's Avatar - Comment posted on 03/30/2010 16:02
Syn
BWA HAHAHAHAHA that's great.

And I'm a pirate!
Krahsh's Avatar - Comment posted on 03/30/2010 16:08
Krahsh
awesome.
xaliqen's Avatar - Comment posted on 03/30/2010 16:12
xaliqen
I don't know much about Japanese law, but, in the US, this would be quite illegal.

If a court proved the pirates violated the company's copyright, they might get a pretty large fine.

If the court proved the company violated someone's rights by infecting their computer with malicious software and posting sensitive information online in exchange for an extortive demand, then a few people at the company would likely go to prison.

In other words, this policy is incredibly stupid.

Then again, maybe this is totally legal in Japan.
Elsa's Avatar - Comment posted on 03/30/2010 16:13
Elsa
... very smart!
broonor's Avatar - Comment posted on 03/30/2010 16:28
broonor
That is, assuming people fill out surveys :(
Amnesiac's Avatar - Comment posted on 03/30/2010 16:30
Amnesiac
Heh, that's pretty neat.
hpv's Avatar - Comment posted on 03/30/2010 16:31
hpv
This is neither "amazing" nor "brilliant." It is however almost certainly illegal. Just because it's part of the terms of service does not make it legal.
Chris Carter's Avatar - Comment posted on 03/30/2010 16:31
Chris Carter
Anyone who is smart enough to figure out torrents and find private trackers won't fall for this.

Good effort though!
TewDee's Avatar - Comment posted on 03/30/2010 16:47
TewDee
That's fuckin' awesome.
xaliqen's Avatar - Comment posted on 03/30/2010 16:52
xaliqen
I'm just waiting for them to get prosecuted for corporate espionage as soon as they post sensitive corporate information via one of their screenshots.
Char Aznable's Avatar - Comment posted on 03/30/2010 16:55
Char Aznable
Super Drybones, that was a fun little read (I guess? Didn't actually read anything).

Japanese desktops are apparently cluttered as FUCK. And one guy likes reading plant porn? That's a thing?
Jungle Mullet's Avatar - Comment posted on 03/30/2010 17:06
Jungle Mullet
Smart pirates aren't connected online when they play pilfered games so...
lewness's Avatar - Comment posted on 03/30/2010 17:34
lewness
Ohboy here we go.
TheDirtyHobo's Avatar - Comment posted on 03/30/2010 17:41
TheDirtyHobo
@xaliqen

It's in the term of service, so they agreed to it. Legally speaking, they obligated themselves in the contract, and 'hurrdurr I didn't read it lol' isn't a valid legal excuse.

It's not really DRM, but I liked Vampires: The Masquerade - Bloodlines. "Win or lose, it matters not. It's that you payed for the game." Oh Troika, if you were still alive, I would have.
lead farmer's Avatar - Comment posted on 03/30/2010 17:52
lead farmer
This would only work on small, even obscure releases such as this. Anything beyond would get nuked within hours. Still, it's a neat idea and I respect the fact that they stop at exposing you as a huge pervert, opting not to fuck up your machine as well.
DadouXIII's Avatar - Comment posted on 03/30/2010 17:54
DadouXIII
It's still installing crap on your PC...
I for one, do not like this...
Zeik56's Avatar - Comment posted on 03/30/2010 17:58
Zeik56
"It's still installing crap on your PC...
I for one, do not like this..."

Then clearly you shouldn't try to pirate the game. Which I think is the point of all this...
xaliqen's Avatar - Comment posted on 03/30/2010 18:12
xaliqen
@TheDirtyHobo -- Justifying illegal activities by saying "it's in the licensing agreement" is never legal. Just think about how ridiculous that would be. In addition, EULAs are on shaky legal ground to begin with.

Telling the user you're going to wiretap their computer and send private information over a network to post in a public forum unless they comply with your extortive demand is <i>not fucking legal.</i> At least that's the case in the United States.

Honestly, I'm surprised people think things like this are legal.
Hcapt's Avatar - Comment posted on 03/30/2010 19:12
Hcapt
@ Xaligan - That's not legal, but that's not what the trojan appears to do.

Asking someone to sign a conract that states the signer's picture and name will be placed on a billboard in Times Square that states "Pirating Pornography is my Life" with an escape clause that states you must apologize for piracy might have illegal terms of closure, much like non-compete clause, but people sign contracts every day which require that they humiliate themselves in public. The pirates were explicitly shown and forced to sign the contract as a condition to receive a license to play the game, and there is nothing inherently illegal about the conditions as far as I can tell.

It might be illegal in the sense that the pirates were unaware of some of the conditions of the contract. An important difference between this EULA and most others though is that in order to use the product, you were informed of your obligations and signed in agreement to the conditions, albeit digitally. Most EULA's don't even appear until after the purchase and do not need to be signed, which destroys their legality.
LsTr Of SmG's Avatar - Comment posted on 03/30/2010 19:51
LsTr Of SmG
I think it's all the more hilarious that it's illegal. Think about it - who's going to go to the courts over it? They'll only be counter sued for downloading the game illegally in the first place.

Two wrongs make for a really rather amusing stalemate.

That said the vast majority of pirates will circumvent this...
seanileus's Avatar - Comment posted on 03/30/2010 20:02
seanileus
This is awesome.
Gee-Man's Avatar - Comment posted on 03/30/2010 20:21
Gee-Man
Like I said, that's pretty awesome and I have no sympathy for pirates who get tricked. Regardless of who they are, each and every one of them deserves something like this to happen to them.
matrixdude171's Avatar - Comment posted on 03/30/2010 20:39
matrixdude171
That is awesome!
Maniac's Avatar - Comment posted on 03/30/2010 20:55
Maniac
"it's all covered in the program's Terms of Service, which none of us read, but probably should."

Uh, have you even read the Terms of Service for Destructoid?

"Destructoid.com is committed to protecting the privacy of Internet users.

We use third-party advertising companies to serve ads and collect information when you visit our Web site."

So, do you protect our privacy or do you let third-party advertising companies collect information when we visit?
Derek Gillies's Avatar - Comment posted on 03/30/2010 21:33
Derek Gillies
Most people have a very specific name for this sort of program they've included: Spyware..
Derek Gillies's Avatar - Comment posted on 03/30/2010 21:36
Derek Gillies
Also of note: EULAs rarely if ever hold up in court. So there's no legal precedent for saying 'oooh but they agreed to it!'
Archwright's Avatar - Comment posted on 03/30/2010 21:42
Archwright
This idea is so epic that if every man, woman and child on Earth laughed until the Sun went dark, it still wouldn't be enough laughter.
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