TorrentFreak Reveals Top Pirated Games of 2011

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Amnestic

High Priest of Haruhi
Aug 22, 2008
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ResonanceSD said:
Amnestic said:
ResonanceSD said:
This isn't an excuse for piracy.
Never said it was, but enjoy reading things into my statements. I merely pointed out that even as recently as last year (by four days...), 'recommended requirements' from even big name developers can be wildly and even egregiously inaccurate. Trusting them is clearly folly.


Taking one example from a year, there have been plenty of releases where the min/rec specs were correct. I got told off for lumping all gamers together when presented with a few pirates in the mix, don't do the same to the games industry and expect to get away with it.
One case is all it needs. id aren't exactly a small-name developer, your next PC purchase could be the next example. Requirements have proven to be inaccurate before, RAGE just provided the most recent, famous case.
 

ResonanceSD

Elite Member
Legacy
Dec 14, 2009
4,538
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Amnestic said:
ResonanceSD said:
Amnestic said:
ResonanceSD said:
This isn't an excuse for piracy.
Never said it was, but enjoy reading things into my statements. I merely pointed out that even as recently as last year (by four days...), 'recommended requirements' from even big name developers can be wildly and even egregiously inaccurate. Trusting them is clearly folly.


Taking one example from a year, there have been plenty of releases where the min/rec specs were correct. I got told off for lumping all gamers together when presented with a few pirates in the mix, don't do the same to the games industry and expect to get away with it.
One case is all it needs. id aren't exactly a small-name developer, your next PC purchase could be the next example. Requirements have proven to be inaccurate before, RAGE just provided the most recent, famous case.

Well then, if one case is all it needs, I'm well within my rights to treat all gamers the same, and people who do the right thing are the same as people who do not. Stuff the vast majority, who buy the game properly, they don't matter. Lets focus on the minority.
 

SillyBear

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May 10, 2011
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Athinira said:
SillyBear said:
Tubez said:
Meh I really do not care, and in no way is a download a lost sale.
I don't agree with that. I think many of those people who pirated the game would have bought the game if it wasn't so easily available to pirate.

You can't claim that none of the millions of people who pirated Modern Warfare 3 wouldn't have purchased it otherwise.
It's true that you can't claim that "None" of the people would, but most wouldn't.

Why? Because they don't have that much money. That's why.

Game companies tend to have this ridiculous belief that every time someone pirates their game, they take the money they just "saved" and stuff it under their bed until they have their own little pirate treasure down there. That's not how it works. The money 90% of pirates "save" are spent elsewhere, often on other entertainment (for example, other games, or perhaps music, movies, or even real-life entertainment like movie theater or partying).

In short, the problem is that there is always going to be a player that "suffers" for the non-existant money that pirates are supposed to have. Right now the industry is claiming losses, but imagine if we could make all piracy disappear tomorrow. Then the industry might not be claiming losses anymore, but suddenly the clubs, liquor stores etc. would see their income drop because some of the former pirates would now be using more money to purchase digital entertainment and less money to purchase those things. Hell, even indie game developers would suffer from it because people who used to buy indie games and pirate big titles would now be buying big titles instead.

The point I'm trying to make is that companies (not just from the entertainment industry, but basically any company that sells what can be classified as luxury-goods) are fighting over non-existent money they believe to exist. But they don't, so someone is always going to be stuck with the short end of the stick (as-in, their product doesn't get purchased because you can't use the non-existent money for that). Fighting piracy is, at best, going to shift that balance, but someone is ALWAYS going to end up being the loser.
That may be true, but that still doesn't excuse piracy. If I were a developer, I would be annoyed because these people are playing the game that I slaved over for years and put everything into for free. If I make a product and decide to charge for it - everyone who plays it should pay. Not being able to afford something isn't an excuse to engage with it for free.
 

I.Muir

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Jun 26, 2008
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Focusing on the minority is what it seems like they are doing when it comes to piracy and DRM, and half the people that are voting for SOPA think it will get rid of porn I reckon. However it won't and it's kinda of a old school communist thing to do.
 

Amnestic

High Priest of Haruhi
Aug 22, 2008
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ResonanceSD said:
Well then, if one case is all it needs, I'm well within my rights to treat all gamers the same, and people who do the right thing are the same as people who do not. Stuff the vast majority, who buy the game properly, they don't matter. Lets focus on the minority.
Sure, because-
"Treating all games as if their requirements may be inaccurate to the point where play isn't possible"
is completely equal to
"Treating every gamer like a pirate who never buys any games because one guy doesn't".

You are most certainly not engaging in any false equivalency, not about the situation, nor about the severity of such generalisations.

Not in the least bit sir.
 

Aeshi

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Dec 22, 2009
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Belated said:
Mike, didn't you read the study? [http://www.escapistmagazine.com/news/view/114537-File-sharing-Remains-Legal-In-Switzerland] Piracy is not a loss of a sale. People who pirate things don't spend any less money on entertainment. Their entertainment budget stays the same, but they merely supplement that with piracy. Therefore, the industry doesn't lose a damn cent. A pirated copy is not a copy stolen off a shelf. That shelved copy is still there for someone else to buy. And if piracy wasn't around, those millions of pirates would just decide they can live without the game and make a conscious decision to not spend the money they don't have.

Come on, this argument has already been won by my side. Why is this still an issue?
Because believe it or not the entertainment industry is NOT one giant united group and if you pirate all the games of company Y but buy all the games of company X then sure the "entertainment industry" still gets the money but that isn't much to company Y is it?
 

Atmos Duality

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Mar 3, 2010
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maninahat said:
Either way, copyright infringement is still a crime that will still result in a punishment. That was the simple point I was trying to make in the first place. I was mistaken in assuming the argument "copyright violation=/=theft" was meant informally, rather than in strict legal terms.
The reason some of us have been hard asses about the subject, is because it's a commonly used argument that isn't true. The crimes of Copyright Infringement and Theft are NOT the same, and thus, NOT equatable.

Even when discussing the topic from an Economic point of view, rather than a strictly-Legal one (the former of which the Copyright holders are far more interested in; it impacts their bottom line more directly), the consequences of both crimes are different, and thus MUST be distinguished.

Sticking to Economics, if something can be "stolen", it *must* be a Rival Good (its consumption or usage is limited physically. A cheeseburger is a Rival Good. For all practical purposes, even a Game Boy or a magazine is Rival).

If I steal a car, its owner cannot use it until it is returned. (Economically called: Rival, Excludable. Aka "Private Goods").

Video games (and in fact, all "intangible/data-based" goods) fall under a different category: Non-Rival, Excludable, better known as the "Natural Monopoly" category.

If I download a copy of Modern Warfare 2, I cannot actually deprive someone else of using their copy. Thus, it's established that video games and plain ol' private goods do not follow the same rules for excludability/usage, even though the modern market PRETENDS that is the case, for the practicality of mass-retail.

What this boils down to: In terms of economics, when a pirate downloads a game, it increases the Total Supply. In turn, this drives down the value of the game by the Laws of Supply and Demand.

Were it actual "theft", then Total Supply would not have actually changed at all (stealing a car does not create another car that satisfies one "firm's" demand. Rather, it satisfies one "firm's" demand while driving up the demand of another proportionally. Specifically, the firm that is now down one car).

In one instance, the average value of that good decreased, and with it, the average market value of that good decreases. In the other, the average market value remains the same.

Ergo, we have two different types of goods with two different crimes, and two different consequences.

(One can try to argue that the once a pirate has the game, they are a lost sale, and hence revenue was "stolen". Fact is, they weren't necessarily a guaranteed sale to begin with. If the piracy option did not exist [remember, we're treating it as another form of Supply], it's entirely possible that they wouldn't have bought the game anyway.
Whereas with the grand theft auto case, you can be damn sure there is always at least one person looking for a car.)
 

Belated

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Feb 2, 2011
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Aeshi said:
Belated said:
Mike, didn't you read the study? [http://www.escapistmagazine.com/news/view/114537-File-sharing-Remains-Legal-In-Switzerland] Piracy is not a loss of a sale. People who pirate things don't spend any less money on entertainment. Their entertainment budget stays the same, but they merely supplement that with piracy. Therefore, the industry doesn't lose a damn cent. A pirated copy is not a copy stolen off a shelf. That shelved copy is still there for someone else to buy. And if piracy wasn't around, those millions of pirates would just decide they can live without the game and make a conscious decision to not spend the money they don't have.

Come on, this argument has already been won by my side. Why is this still an issue?
Because believe it or not the entertainment industry is NOT one giant united group and if you pirate all the games of company Y but buy all the games of company X then sure the "entertainment industry" still gets the money but that isn't much to company Y is it?
You call me dumb and base that off of the highly unlikely premise that there are people out there who select particular companies to buy into and particular ones to never pay anything to? Nobody cares enough to take the time to make calls like that. Yeah, maybe if they dislike the policies of one company, some might do things that way, but I don't think there's enough people out there buying all from X and pirating all from Y to base an argument on. And even if there are, there's probably just as many doing just the opposite.
 

Athinira

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Jan 25, 2010
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SillyBear said:
If I were a developer, I would be annoyed because these people are playing the game that I slaved over for years and put everything into for free. If I make a product and decide to charge for it - everyone who plays it should pay.
The way i see it, Piracy is a way for people to rebel against companies. Now, there is no question out there that some people are just jerks who wants everything for free, but other people use a combination of piracy and legit purchases to let companies know that they like their game, but not their way of conducting business/treating their customers.

Option 1: Game gets bought -> A way for the gamer to tell the company he likes their game and likes how he is treated
Option 2: Game gets pirated -> A way for the gamer to tell the company that he likes the game, but not the way it's sold (price, conditions, limitations, consumer rights, you name it)
Option 3: Game gets neither pirated nor purchased -> A way for the gamer to tell the company he doesn't like neither the game or the way they sell it

Oh and finally...
SillyBear said:
That may be true, but that still doesn't excuse piracy. (...) Not being able to afford something isn't an excuse to engage with it for free.
I could turn that argument around and say that Copyright Laws and Intellectual Property doesn't excuse companies (*cough* EA and Ubisoft *cough*) from treating their legit customers as sh*t, which they still do. And if the companies can bypass "excuses", why can't pirates?

Stop talking about piracy as if people need an "excuse" before they do it. They don't. Pirates don't need an excuse, nor do they need your (or anyone elses) approval of what constitutes an excuse, just like the game companies doesn't need an excuse to treat their customers any way they like.

That's also one of the reasons for rampant piracy: The companies, by their way of acting, send the signal that everything is 'fair game', because if they can be pricks, then consumers can as well (this goes both ways btw).

It's pointless to discuss what excuses and what doesn't excuse, because at the end of the day, people (no matter who it is) don't need any other excuse than their own. I can't order companies like EA and Ubisoft (who are some of the biggest piracy targets) to change the way they conduct business. I can, however, give them a good piece of advice: You reap as you sow :eek:)
 

I.Muir

New member
Jun 26, 2008
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Athinira said:
SillyBear said:
That may be true, but that still doesn't excuse piracy. If I were a developer, I would be annoyed because these people are playing the game that I slaved over for years and put everything into for free. If I make a product and decide to charge for it - everyone who plays it should pay.
The way i see it, Piracy is a way for people to rebel against companies. Now, there is no question out there that some people are just jerks who wants everything for free, but other people use a combination of piracy and legit purchases to let companies know that they like their game, but not their way of conducting business/treating their customers.

Option 1: Game gets bought -> A way for the gamer to tell the company he likes their game and likes how he is treated
Option 2: Game gets pirated -> A way for the gamer to tell the company that he likes the game, but not the way it's sold (price, conditions, limitations, consumer rights, you name it)
Option 3: Game gets neither pirated nor purchased -> A way for the gamer to tell the company he doesn't like neither the game or the way they sell it

Oh and finally...
SillyBear said:
Not being able to afford something isn't an excuse to engage with it for free.
I could turn that argument around and say that Copyright Laws and Intellectual Property doesn't excuse companies (*cough* EA and Ubisoft *cough*) from treating their legit customers as sh*t, which they still do. And if the companies can bypass "excuses", why can't pirates?

Stop talking about piracy as if people need an "excuse" before they do it. They don't. Pirates don't need an excuse, nor do they need your (or anyone elses) approval of what constitutes an excuse, just like the game companies doesn't need an excuse to treat their customers any way they like.

That's also one of the reasons for rampant piracy: The companies, by their way of acting, send the signal that everything is 'fair game', because if they can be pricks, then consumers can as well (this goes both ways btw).

It's pointless to discuss what excuses and what doesn't excuse, because at the end of the day, people (no matter who it is) don't need any other excuse than their own. I can't order companies like EA and Ubisoft (who are some of the biggest piracy targets) to change the way they conduct business. I can, however, give them a good piece of advice: You reap as you sow :eek:)
Sounds good to me
 

The Genius

New member
Jul 24, 2010
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Kwil said:
bootz said:
Kwil said:
Wolfram01 said:
You can't return PC games (even if they're unplayable).
Wrong. http://www.ebgames.com/gs/help/Returns.aspx
There is no motivation to pirate other than being an elitist prick that thinks your personal convenience/desires/financial situation outweighs those of the people who actually did the work and built the game.
According to your site if its opened they won't take it back:
We do not accept returns of:
Any product(s) returned more than 30 days from the date on the packing slip.
Any product(s) that has been opened (taken out of its plastic wrap).
Any product(s) not in its original condition.
Any product(s) that is damaged, played, or is missing parts.
Any product(s) that were sold as part of a bundle, unless the bundle is returned complete.
Please do not send us product(s) that do not meet the return criteria listed above, as we do not issue refunds for non-qualifying items and cannot return the items to you.
Hey, fancy that. And sock manufacturers won't accept returns if you've put holes in them, or only return one of the two socks, or have stuffed your stinky-ass feet in them and they now smell like Limburger either.

Of course there's conditions on the return. Otherwise, it's not a return, it's a rental.
How are you to know that the game is unplayable without opening the packaging? So the original point stands. You can't return a PC game.
 

babinro

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Sep 24, 2010
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Deegamah said:
Hmm... I'm noticing a distinct lack of 4.5 million Witcher 2 downloads.
I thought the exact same thing until I realized this is only taking into account 1 torrent site. As I recall, the estimate for Witcher 2 was overall piracy estimates from all sites, not just TorrentFreak.
 

AWAR

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Nov 15, 2009
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This article doesn't make any goddamn sense.. What's next, escapist supporting SOPA?
I'm not going to say that they should actually support piracy, but being a little bit more neutral to this issue is better.

Also:
 

Jingle Fett

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Sep 13, 2011
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The most pirated games are the ones that made the most profit???!!! Boy that piracy sure is destroying the industry!

Though I must admit I'm really surprised Skyrim's not on the list, considering it's popularity.
 

Aeonknight

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Apr 8, 2011
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Jingle Fett said:
The most pirated games are the ones that made the most profit???!!! Boy that piracy sure is destroying the industry!

Though I must admit I'm really surprised Skyrim's not on the list, considering it's popularity.
No one who isn't overreacting to it (like the developers are) said that piracy is killing the industry. The industry is fine.

But that's a hell of a lot of money that potentially should've been theirs, that's not. I say potentially, because there's no way to predict which option a person will take if piracy was somehow eliminated with 100% efficiency.

Does said pirate bite the bullet and pay full price? Does he say "eh I can live without it" and not buy it? Is he forced to choose between titles that he can afford based on what appeals to him most (skyrim vs BF3. decisions decisions)?

There is no way to measure that, because it varies on a case by case basis. But looking at it from a developer's perspective, if you truly have faith that what you created is a good game (and better than what the competition has put out around the same time), then 2 out of the 3 scenarios listed above work in your favor. Can't blame them for trying to stomp out piracy with odds like that.
 

TechNoFear

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Mar 22, 2009
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Atmos Duality said:
Seeing how Copyright Law is handled by Civil Court, and not Criminal Court, there is a 100% chance they will *not* CONVICT (not to be confused with "sentence") any software pirate of Theft.
Nah, its not like the US would extradite a student from the UK for copyright infringement (facing 5 years).

Oh wait, they are...

http://www.bbc.co.uk/news/uk-england-south-yorkshire-15841234

[copyright infringement for commercial gain is a criminal offence in many countries, including the US. Advertising revenue also counts.]

Magnicon said:
Still with the DRM? If DRM has no negative effect on piracy(proven fact),
I don't think that has actually been 'proved'.

I think more games are moving to be online or use online persistent storage.

I have created a form of DRM based on the old 'clocker' virus I use on my personal software. It never stops you from using your pirated copy, or even lets you know it is there, it just gradually adjusts your hardware settings until your PC damages itself.

So either way, you pay to use my code!