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The Witcher 2 Devs Defend Pirate Witch-Hunt With Bogus Accuracy Claims

The makers of The Witcher 2: Assassins of Kings are cracking down on BitTorrent pirates in Germany, requesting hundreds of euros from each alleged offender. As is always the case with these schemes, settlement demands are sometimes addressed to people who didn’t download the game at all. In a recent interview with PC Gamer The Witcher devs interestingly enough say that their evidence is foolproof, but this claim is 100% bogus.

witcherTwo weeks ago we first reported that game company CD Projekt, the makers of The Witcher 2, are chasing down alleged file-sharers in Germany. The company urges those who are caught to pay a settlement fee, or face an even higher fine.

This is an interesting approach from a company that earned a lot of credit by releasing DRM-free games. CD Projekt doesn’t want to bug legitimate consumers with DRM, but for some reason they don’t see it as a problem that their piracy witch-hunt will undoubtedly lead to accusing people who haven’t downloaded the game at all.

How easy things can go wrong once again became apparent this week, as a retired woman who doesn’t own a computer or even a router was ordered by the court to pay a hefty fine for downloading a Hooligan movie.

But perhaps we’re wrong. Could it be that CD Projekt has some super-secret technology that magically allows them to identify real people instead of IP-addresses? A comment CD Projekt’s Michal Nowakowski gave to PC Gamerlast week suggests that this is indeed the case.

“We’re addressing only 100% confirmed piracy cases that are 100% possible to prove,” Nowakowski said.

“We are not worried about tracking the wrong people. As this is the trade secret of the company working on this, I cannot share it. However, we investigated the subject before we decided on this move, and we are aware of some past complications.”

The previous complications Nowakowski refers to are the many wrongful accusations that were widely published in the media after the notorious file-sharing lawyers Davenport Lyons started sending out settlement letters to people who allegedly downloaded The Witcher. But this is no longer a concern according to Nowakowski.

“The method used here is targeting only 100% confirmed piracy cases. No innocent person was targeted with the letter so far. At least we have not received any information as of now which would indicate something like that,” he said.

That’s great news of course, if only it were true. The reality is that CD Projekt is making bogus claims. It is by definition impossible to know that the right people are being targeted and there are still many complications that come with the scheme.

Although there are measures that can be taken to improve the quality of the evidence, such as confirming that a certain IP-address is actually sending data, it’s still a fact that an IP-address doesn’t identify a person. The game may have been downloaded by a neighbor over an unsecured WiFi-network for example.

The only identifying evidence CD Projekt can have is an IP-address and a time-stamp, so it is impossible to know with 100% accuracy that the right person is targeted.

While it may be safe to assume that most of the letters do indeed go to the right household, claiming that it’s possible to identify pirates with 100% accuracy is bogus. On the contrary, when you target thousands of people with these pay-up-or-else letters you can be 100% sure that there will be wrongful accusations.

If CD Projekt is not willing to accept that their anti-piracy scheme comes with collateral damage then it would be better if they drop out.

DRM is bad, but demanding cash from people who have never even heard of The Witcher 2 isn’t the best PR for a company either.

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  • Stinky22

    Shitty game anyway…

    • Guest

      Boycott The Witcher 2.

    • KaprikorN

      I’ll fucking download any game you release and share the shit out of it…
      you hi-tech cock suckers!

  • http://twitter.com/CheapAssFiction AeliusBlythe

    Are we sure that by “evidence” they don’t mean (true or not) confessions?

    Isn’t it true that many people who get the pay-up-or-else letter fold because they get scared–so if their letters simply haven’t received any open opposition, perhaps they have truly deluded themselves into believing they are accurate.

    Probably not, though. They’re probably just trying to fool anyone. Anyone who gets these letter should fight them–in this day and age could the company really win cases based on SECRET evidence?

  • Jonathan

    Maybe they put a trojan in the version being pirated, that takes a photo using the webcam, records the local IP and mails it all back to CD Projekt. Creepy.

    • Anonymous

      German law would actually allow that.

      • http://otester.myopenid.com/ PiRat

        Nazi law more like.

        • Anonymous

          agreed.

      • Guest

        I heavily doubt that but non german people will easily jump on your bandwagon I guess.

        Stop being a child and claiming false facts, thank you very much.

    • Floppy Copy

      Tons of software phones home these days, and a lot of people aren’t bright enough to block pirated programs from accessing the internet. These are the folks the company is probably going after. If German law allows the gathering and dissemination of personal information in that manner, I’d expect many businesses would take advantage of it. The information could very well be 100% accurate, or close to it.

      • StevO

        Phoning home wouldn’t mean that its pirated or not. I dont know that they would be able to tell if it were or not. I don’t know, just sayin.

        • Dape

          They would. That’s why You have different serials even on totally singleplayer games.Game sends serial, it’s being checked for multiple uses… bingo! They have list of Ip’s and timestamps of those copies. Now just locate users and send their claims…

    • Hack-proof

      I challenge any hacker in the world to remotely remove the piece of black electrical tape stuck over my computer’s built-in camera.

      • http://twitter.com/unusedcrayon Bear

        Challenge accepted ;p
        (Please provide me with your home address, I need it to do my plan, yes it is remote, for me anyway.)

  • http://twitter.com/Pigfarmer44 Simon Bee

    I dont know this game, or how it works, but it is possible to harvest lists of ip addresses from tracker lists and then compare them with lists of ip addresses of people using the game online or downloading patches. I know that this would only work in a fixed ip situation.

    I’m not saying that this is what is happening, but comparing ‘sharing’ downloading data with ‘legitimate’ server or patch downloading would be a way of determining that the correct person is being targeted, rather than the granny with no router.

  • Cyke1

    well lets look at their claim “evidence is foolproof” well Its FOOL Proof alright. Only a Fool would fall for it

  • http://torrentfreak.com/ Rob8urcakes

    Here we go again *faceslap

    Claims by the defunct ACS:Flaw (Merry Xmas Andrew, lol) were also confident that they’re research and data was infallible, their arrogance was sniffed at by a rather lowly UK Court and as a consequence not only did their confidence collapse, but so did all their claims, their reputation and their business.

    This is just another episode in the CopyWrong Con.

    Don’t fall for their lies.
    Don’t pay them a cent.
    Don’t let these rabid dogs scare you with their barking either – coz they’re utterly toothless and can only suck you to death if YOU let them.

    Merry Xmas folks, and a sensationally Happy New Year (despite any barking at your heels).

    • http://pulse.yahoo.com/_IZ5BM5GNLA54OADSWGSXAMA7SY Jay

      I’ve already boycotted GoG and CD Projekt. This seems too close to SOPA to really support their problems in making a bad service.

      • http://bioselement.com/ William Chambers

        GoG has nothing to do with any of that.

        • Cavelord

          GoG.com is owned by CD Projekt.

      • Guest

        Well, I can’t speak for CD Projekt, but it’s worth remembering that GoG actually has a leadership that is separate from CD Projekt, and that leadership has stated that they oppose SOPA.

        I’m conflicted about boycotting GoG. They actually seem pretty on the ball about all this, and while they have said that they don’t approve of piracy, they also strongly claim that any attempts to block piracy can only harm legitimate consumers. They actually seem like a perfectly fine company, even if they are owned by CD Projekt.

  • Guitar_pro

    Terrific game, not sure why they’re so adament on going after pirates though. They got over 1 million sales now on PC alone (With 360 sales still pending) so surely it’s not a monetary problem.

    • FinalApokylypse

      Their mentality can be summned up in 2 sentences.

      1. They feel they could make more money if the game wasn’t pirated and therefore think of it as lost sales.
      2. They see extra income via settlements as a viable way to get even more money back from their investment.

  • http://www.facebook.com/tomer.gdalyahu Tomer Gdalyahu

    Pay up you bunch of parasites!

    • Guest

      Yeah, fucking lawyers and corporate media pricks, pay your fucking dues. ;)

    • http://www.facebook.com/profile.php?id=100000178860781 Bug Lord

      agreed, I should be paid for the internet, time and space wasted on downloading, installing, trying and uninstalling this game which is hardly even worth being released.

    • Guest

      Shut up troll!

  • http://nannirk.net/ Marius Krinnan

    “It is by definition impossible to know that the right people are being targeted and there are still many complications that come with the scheme.”

    Unless the game contains a trojan.

  • TheS4ndm4n

    It is possible to be 100% sure
    1) Add a trojan to a copy of the game
    2) Seed the game +trojan on bittorrent
    3) Use trojan to activate webcam and snap a screenshot.

    Ofcource this would be highly illegal. But that would explain why the company says its a “trade secret”.

    • Gae

      And what if even after all that, you had an identical twin!

    • Anonymous

      As has been mentioned in a reply above, that would only work for static IP addresses and not everybody has a webcam.

      Also, That would mean the game is being distributed WITH permission from the copyright owner. They wouldn’t be able to deny it, since the trojan would “phone home” proving the fact.

      • http://twitter.com/WarerGT Warer

        unles they also use a rootkit in retail game, they could check your cookies and know all of your facebook and other social accounts

    • http://www.facebook.com/profile.php?id=100000178860781 Bug Lord

      please show me evidence that proves not 2 humans that have ever existed have ever had the same looking face.

      • Resin

        Does that matter? The courts (in the U.S. at least) use the standard of beyond a reasonable doubt for criminal cases and preponderance of evidence for civil cases. I’m pretty sure that the argument of “someone else in the world might have the exact same face as me” falls into the grounds of an unreasonable doubt.

  • Anonymous

    Well that makes a lot of sense dude.

    http://www.Total-Privacy dot US

  • CptAwesomeForTheObvios_WHAT?

    All they have to do is create a call-home mechanism (for example during update check, that would additionally send data like md5′s of game executables/protected dlls) and hope that pirates won’t block the game in their firewall. That’s pretty much it.
    No need for trojans. May not seem fair or right, but I’m pretty sure they can easily find it out without using any illegal methods as long as “pirates” let the game connect to the internet.

    • Guest

      Still, they must disclose to the defendant how they got the proof, otherwise a court can’t convict even under a preponderance of evidence standard.

      Any defendant should raise ECHR Article 6. (only applicable to defendants residing in Europe) and point out that the fair trial right applicable in civil proceedings forbids secret evidence.

      Even if the defense is unsuccessful, you can force the plaintiff’s lawyer to sift through the caselaw of the ECTHR thereby forcing them to expend considerable time and manpower.

      In addition, I would file complaints with the national data protection and consumer authority arguing that the methods of data collection must be disclosed.

  • Jimbo

    ‘as a retired woman who doesn’t own a computer or even a router was ordered by the court to pay a hefty fine’

    all this company is doing is sending bogus claims to people based on the ridiculous court decision described above. that decision was based on, basically, hearsay, not on evidence or actual proof. there has been a big can of worms opened now. i hope they realise the backlash that’s coming! sure hope it will prove to be more costly in actual game sales lost than what they are going to gain by this extortion!

  • Anonymous

    I am getting Skyrim for Xmas and Witcher 2 can kiss my dragon blood ass.

    • http://www.facebook.com/profile.php?id=100000178860781 Bug Lord

      if you get pc version, remember the essential mods, those children are EXTREMELY annoying, killable children mod is essential. I’ll also recommend some graphic related mods such as better textures and face fix while you’re at it.

      • Anonymous

        Hmmm, murdering children, my dark secret fantasy. LOL. Don’t tell the Skyrim police. He he he.

        At least this game has children unlike Oblivion. Not to forget you can now get a wife.

        What I find funny is that some people have tried to skip buying the game by using Oblivion. Get a Elm who can live for hundreds of years. Then go North from Cyrodiil into Skyrim then wait about 500 years. Bingo Skyrim then starts. LOL

        I do have the PC version and about to start it.

  • Anon

    We need to boycott companies like this. Consider it a full embargo. Don’t download their garbage, don’t promote their games, encourage people not to purchase their products. Hit ‘em where it hurts.

  • http://twitter.com/SBBurzmali Michael Curran

    Since CD Projekt owns GOG.com, couldn’t they just stuff a crypto’d hash of the account holder’s account number? Presto, (near) 100% proof that the targeted individual is the source of the piracy.

  • Guest

    Now seeding the game from my seedbox.

    Have already burned 10 copies and intend to distribute them to my close circle of friends.

    Everyone should make 10 copies of the game and give them away.

    Catch me if you can, your copyright scum.

    • Resin

      So, let me get this straight; they do something you hate, and your response is to promote their game? Aren’t we always saying that piracy increases sales? If it does… then why are you helping them out?

      I don’t think you’ve thought this through. Here’s an idea. If you don’t like what they’re doing, stop seeding their game, stop giving away, and just don’t give it any attention. The solution isn’t to download and seed it more, it’s to stop altogether and take their revenue away.

      Oh, wait, that would require people not playing a game they might like. Never mind everyone, that cost is just too high. (I know that last bit doesn’t apply to you, but I’m getting a real vibe of that from everyone I know lately).

      • Guest

        k …. lets all seed Skyrim then.

        • http://www.facebook.com/profile.php?id=100000178860781 Bug Lord

          I’m on it. gotta post several more comments about remembering essential mods too, such as child killing and better textures + face fix.

        • Resin

          Yes, that would be more logically consistent. I’ll let you take care of that.

  • Gae

    I was going to buy the game as I heard it was pretty good and I was impressed by the company being thoughtful not to use DRM to inconvenience legitimate buyers, but just as I refuse to buy a game if the publisher supports SOPA I also refuse to buy a game if its makers support ‘pay up or else’ schemes.

    So there you go CD Projekt, add an extra lost sale on to your figures as my money is going towards a different game now.

    • Resin

      I’d recommend avoiding the game even if they rescind this behavior. If it’s anything like the first one, then it won’t be very good.

      • Anon

        Company shenanigans aside, the games are pretty good. :/

        • Resin

          I’m gonna have to disagree with you there. The quests were boring, the main character wasn’t interesting, and the combat system was, hands-down, one of the worst I’ve ever seen. I’d place the combat below anything you’d find in a generic bargin-bin RPG. It had potential in the story, but it takes so long to get started and was so destroyed by the unimpressive nature of the game, that after 12 hours, I gave up on the first game because I was so ungodly bored.

          If you can tolerate obscene boredom to get a taste of a slightly above-average story, you may be able to enjoy the game after putting about 15 hours into it. If you don’t, then you won’t. Simple as that.

        • Tidaltree

          @ Resin:

          My advise: Read the one or other book, watch the (polish) series and then you’ll soon see that the only factor to bitch about is itemmanagement.

        • Resin

          Well, I can speak for a friend who read a book related to the game, and he hated the game, so I’m not sure that applies. Regardless, the media should be able to stand on its own. If I went to watch a movie, I would complain if you couldn’t understand anything that was going on without having read the book. I can do the same thing with this game.

          The books may be good, but anything good in them is lost on the game, and the game fails to be open to anyone who isn’t already familar with the lore (a problem that good adaptations don’t have. I never saw anyone watching the Lord of the Rings movies and complaining that they didn’t understand them because they hadn’t read the books).

          And of course, let’s not forget the fact that the gameplay is absolutely horrible in most if not all regards. I’d extend it far beyond item management. Let’s just take the entire combat system as a good jumping-off point… Actually, let’s not. That’s an entire essay, probably a multi-page rant, and I don’t want to get into that now.

          Although, yes, the item management is quite horrible. Yes indeed.

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  • Chris

    Here’s a suggestion. Pay for what you play. Your self-righteousness makes you look like a douche.

    • Resin

      Even if it does make them into “douches”, so what? The basic principle here is that this behavior causes no harm, so people should be free to act as “douches” if they so choose. Even if the behavior is disrespectful, the actions of CD Projekt place legal threats on innocent consumers. To make this simple, the filesharers can be disrespectful, but the company is causing harm.

      Actually, now that I think about it, why do we worry so much about them making accusations against innocent consumers. Now wait, hear me out before you judge. The point of a legal process isn’t that it will have a 100% success rate. If their methods of finding filesharers have a success rate of, say 99% (yes, I know that their actual success rate may be much less), then wouldn’t that be an acceptable technique to use, with courts existing to protect those who were wrongly accused? I’m not trying to say that this is the morally correct thing to do, but why is any effort find filesharers automatically demonized (barring the belief that filesharing should be completely legal in all situations, which isn’t what I’m addressing here).

      I have an answer to that question, but I’d like to hear what other people think.

    • Guest

      “Pay for what you play.”

      I do … eventually.

      Ya see, Chris, file-sharing is like a shit-detection system. And with all the shit peddled these days, you need to be a millionaire or very discerning to enjoy commercial media. Sadly, I’m not a millionaire.

      So I pirate the fuck out of stuff; movies, TV, games – and the stuff I really like, ends up bought. A bluray of Dark Knight here, a copy of Skyrim there. (Sadly, I never pay for recorded music, DRM music is just too fucking inconvenient.)

      My (bought) media collection is quite massive. A mate who pirates even more than me has no more room in his apartment for his cd/dvd/bluray/comic collection.

      So we do pay for our play, just in our own time and on our own terms.

      • Resin

        Well, some of you do. Don’t take your own experience as representative of what all filesharers do. My college roommate pirated a bunch of stuff. I don’t think I ever saw him buy anything, except for the few occasions where he couldn’t actually find a copy of what he wanted on the torrent sites.

        Some people do it as a “shit-detection system”, but I don’t buy that that’s the main reason. I can only speak for my personal experience, but in my life, the vast majority of pirates do it because of money. Again, that’s only among the people I know, but I haven’t seen any research disputing that (then again, I’m not sure how research could dispute that, because we’re talking about motivation, and one of the basic rules of psychological research is that you can’t accurately discover motivation by just asking people. I’m not sure how they could find it in this situation.)

        Anyway, to make a point, despite the fact that the emergence of filesharing/piracy is on the whole beneficial to all parties, there are a large number of filesharers who are just plain greedy. Don’t forget that.

        • Resin

          Clarification; when I say they pirate stuff because of money, I’m not saying it’s because they’re poor, I’m saying it’s because they don’t want to spend the money, even though it’s well within their means.

  • YOUPIRATINGBASTARDS

    what a bunch of cunts some of you are

    they shipped their game without drm and without price discrimination against places like australia. the standard game had a ton of bonus content and the game was great for PC, putting stuff by bigger studios to shame.

    they didnt fuck paying consumers in any way. if they wanna go after pirates with proof then all the power to them, rather this than shit like SOPA. pirates should know they gotta face the consequences eventually.

    • Guest

      A few things.

      First, if the game was anything like the first Witcher, it sucked. That’s not the most relevant thing here, but since you use it as an argument for not pirating them, I have to dispute it.

      Secondly, they’re the only ones claiming they have proof. Whether or not their methods constitute proof still must be decided by a court of law, but given the track record of many of the other companies who have claimed proof in the past, I am fairly certain that we can’t take their claim at face value.

      To end, even if many of the pirates may be cunts, CD Projekt is being a much bigger one, and if their methods are anything like those that came before, they will harm innocent people. That’s much worse than any disrespectful behavior on the part of filesharers.

      • http://www.facebook.com/profile.php?id=1675073408 Timothy Callil

        yet the australian version was censored :(

        • http://www.facebook.com/profile.php?id=1675073408 Timothy Callil

          delete me

    • Anonymous

      Hear, hear.

    • StevO

      I didnt pirate this game but I do dload stuff. And I agree. It doesnt seem to matter how hard a company tries to “not drm” and stuff like that, the mentality on here doesnt change. Before WITH the drm everyone was saying that’s why they hate these companys and they deserve it.

    • http://www.facebook.com/profile.php?id=1675073408 Timothy Callil

      yet the australian version was censored :(

    • Gae

      See my previous post.
      Sure they are good to their customers, but at the same time they threaten innocent people with lawsuits.
      This then forces me to make a decision on where my money goes and in this case the evil outweighs the good so my money goes somewhere else.

      I will not pirate the game, I can live without it. I just spend £70 on steam last night on a whole bunch of games I can play for months to come – before I read about what this company is doing, both of the Witcher games were on my list of games to buy but sadly are no longer.

    • http://modmyi.com/forums/iphone-4-new-skins-themes-launches/740147-neurotech-hd.html#post5637502 Jay

      The only reason they stripped the game of DRM was because they were going to use it as a honey trap for pirates. Profit was their motive in removing the DRM. They probably released the game on Bittorrent themselves just to get people to download it.

      I’m not saying they deserve to get their product pirated, but there’s something extremely underhanded about this – something that smells of extortion and questionable ethics.

      • Ashamed

        “The only reason they stripped the game of DRM was because they were going to use it as a honey trap for pirates.”

        See, I’m not sure that’s true. I believe them when they say that they don’t use DRM because it hurts their customers. Look at it from their point of view; DRM inevitably hurts their customers, they can’t dispute that. In addition, they don’t consider pirates to be among their customers, so they want a way to go after pirates that doesn’t affect their legitimate customers. From that point of view, a logical action would be to remove DRM, and try to go after pirates in some other way. To make this short, the removal of DRM could easily be separated from the pursuit of pirates.

        You’re just assuming motives on their part when you claim to know why they did something, especially since you’re aren’t actually looking at it from their point of view.

  • Anonymous

    Looks like they’re on a…
    *sunglasses*
    …witch hunt.

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  • ThereIsCake

    If they have devised a foolproof method of finding the person directly responsible from just an IP address then i think they should forget trying to extort a few hundred out of accused downloaders and claim their million Dollar reward for proving the existence of the paranormal.

    • Gae

      Or sell their technology onto the movie companies, I am sure they would love to hear about it.

  • Gutenberg

    The point is that the developer can’t know who is actually guilty of piracy.

    The only thing for sure is that an IP address may identify a person, or that an illegally taken screenshot may identify on which computer the pirated copy is installed. But that in no way proves who is responsible for the piracy.

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  • Anonymous

    CD Projekt can roll over and die for all I care, truly such companies are not welcome for the negative publicity they cause to an already crippled (no not by piracy but the global economy btw.) Video Games Industry.

  • CDP are hypocrites

    @Ernesto:
    By the way, guys, do you know that CD-Projekt was founded by Polish PIRATES which were cracking and distributing games in early 90s?
    Marcin Iwi?ski – the founder and one of the bosses of CD-Project was cracking and selling pirated games as a member of warez group “Katharsis” under nickname of S.S. Capain.
    He even gave his home address and phone number in demos playing before the pirated game runs:
    http://www.youtube.com/watch?v=2x_Q4L99ZrY
    So that people could order pirated games from him.
    ftp://ftp.scene.org/pub/mirrors/amigascne/Scrollers/K-Groupstext/Katharsis/Katharsis-LetsStrip.txt

    [I got this hint from a commenter on RPS, but I thought this might interest you]

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