Video Game Piracy – Presentation Outline

This presentation, delivered by Brandon Potomak, Kai Rogers, Alirod Ameri, and Peter Mate, explores video game piracy from multiple angles, including its evolution, legal implications, industry impact, and future trends.

1. The Evolution of Video Game Piracy

Video game piracy has evolved from early disk copying in the 1980s to modern digital distribution methods.

• 1980s–1990s: Piracy was primarily done through floppy disks and bulletin board systems (BBS).
• 2000s: The rise of the internet led to peer-to-peer file-sharing and torrents, making piracy more widespread.
• 2010s–Present: Advanced DRM (Digital Rights Management) measures like Denuvo have been introduced, but piracy groups continue to crack protections.

2. Video Game Piracy and the Law

• Legal Definition: Piracy is copyright infringement but not legally classified as theft, as stated in Dowling v. United States (1985).
• International Laws: Treaties like the TRIPS Agreement (1995) and the WIPO Copyright Treaty (1996) criminalize commercial-scale piracy and outlaw DRM circumvention.
• Canada: Governed by the Copyright Act, with penalties up to $20,000 per infringed game for commercial piracy.
• United States: Heavy penalties, with statutory damages up to $150,000 per work infringed.

3. Effects of Piracy on the Industry and Counter-Piracy Measures

• Piracy has not prevented the video game industry from prospering. Piracy of video games is harder and less prevalent than piracy of film, television and music.
• Some companies such as Nintendo take an active and strong stance against piracy, pursuing violators around the world in court and seeking stiff penalties and enforcement.
• There are several factors which encourage piracy, such as the high price of games and inaccessibility in certain regions.
• However, the inherent structure of video games and technological measures such as DRM make video game piracy difficult, ineffective and cumbersome.

4. Future Developments in Video Game Piracy

• AI-assisted cracking could emerge to help crack current anti-piracy measures such as DRM.
• Generative AI can be used to create games that are similar to existing copyrighted games.
• Current models of piracy mitigation are unprepared for these potential and upcoming developments.