Piracy on the simulated seas: the computer games industry's non-legal approaches to fighting illegal downloads of games

Abstract

The computer games industry suffers from high rates of piracy, with many people downloading illegal copies of games. People in the industry are aware of the problem, and the gravity of it has been acknowledged and commented on by many publishers and developers. Yet unlike the Recording Industry Association of America, Motion Picture Association of America, independent movie studios, and other rights holders, computer game developers and publishers have shied away from attempting to sue pirates or otherwise enforce their rights through the legal system. Instead, the industry has looked to a variety of self-help remedies, a fact that has largely not been commented on by legal scholars. This paper examines the successes and pitfalls of these varied non-legal approaches, broadly classifying them into four categories: digital rights management, online-only offerings, making legal easier, and community engagement.