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Or they could just not fill out the survey, like I did... I mean not that I played the game or anything... just sayin'.
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.
Plus the fact most people would notice if you got a trojan suddenly. Creative, but I still prefer the Earthbound antipiracy method.
"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.
I don't read them because they are usually an elaborate way to say: you are fucked in the ass if we fuck up.
@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!
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!
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
You couldn't have warned me about this a little earl-...I mean hahaha, very clever, what they did there. Yes.
For real embarrassment, maybe the game could take over the victim's webcam and click a secret snapshot of them "playing" the "game"...
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?
Do you seriously think that the majority of pirates are dumb enough to fall for this?
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.
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.
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
http://blog.livedoor.jp/insidears/archives/52256874.html
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.
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.
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.
Anyone who is smart enough to figure out torrents and find private trackers won't fall for this.
Good effort though!
Good effort though!
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.
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?
Japanese desktops are apparently cluttered as FUCK. And one guy likes reading plant porn? That's a thing?
@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.
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.
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.
"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...
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...
@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.
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.
@ 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.
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.
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...
Two wrongs make for a really rather amusing stalemate.
That said the vast majority of pirates will circumvent this...
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.
"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?
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?
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!'
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