industry news
Ubisoft Suing Disc Production Company Over Assassin's Creed Piracy
Posted by Luke Plunkett at 1:20 PM on August 7, 2008
When launching Assassin's Creed on the PC earlier this year, Ubisoft contracted Charlotte-based Optical Experts Manufacturing to produce the retail copies of the game disc. Part of that contract was an assurance on the part of OEM that they had top-shelf security measures in place, and that no game disc would ever leave their premises. Thing is, in February - six weeks before the game's launch - a pirated version of the game turned up on the internets. A pirated version that was found to have come from an OEM-produced disc, that had been uploaded from the home of an OEM employee. Oops. Ubisoft are suing OEM for breach of contract, negligence and copyright infringement, to the tune of $US 10 million. Neither Ubisoft or OEM have yet commented on the lawsuit.
Ubisoft sues over Assassin's Creed leak [GameSpot] [Pic]

Comments (AU Comments · US Comments)
There are currently no AU comments for this post.
e-friend
Posted 2:09 PM 7/8/08
Using or owning a service or product you haven't paid for is wrong and illegal unless the product is distributed for free. Excuses don't change that. If you don't think the product is worth the asking price, don't buy it, and don't steal it. People that do otherwise are parasites who do not deserve to be given the responsibility of freedom.
e-friend
Cosmitz
Posted 2:07 PM 7/8/08
Man they should be freaking thanking them... That first pirated copy that came out was bugged, the famous Jerusalem bug, not allowing you to get past about 1/4th of the game. That probably boosted sales more then it dropped.
And btw, coming back to Ubisoft.. werent they the ones that said.. "you can't have a demo of AC.. it's too big, it's too free-play.. "... well whoopty-freaking-do. The "piraters" made them a free demo.
As for the whole issue on piracy as a whole... i'll leave that speech for another day.
Cosmitz
Sheogorath
Posted 2:06 PM 7/8/08
I had that lego pirate ship when I was a kid.
My parents bought it for me one Christmas.
...*Sniffle*...
I loved that pirate ship. Even after I lost half the bits.
Sheogorath
Laho
Posted 2:05 PM 7/8/08
Ouch. One has to wonder if that employee made more uploading that Assassin's Creed copy than what losing his job and a potential lawsuit will cost him.
Laho
PrivateJ0ker
Posted 2:05 PM 7/8/08
That picture is so classy!! LOL!!!!
Well that manufacturing company is liable for its personnel, however they probably have insurance for breaches like that. No big deal, except the guy that did it will probably be prosecuted. *Sad lol*
PrivateJ0ker
paulrules
Posted 2:01 PM 7/8/08
Piracy is always going to run rampant, but that's not the complete point to why Ubisoft is suing this company. They're suing mostly because a copy was leaked before the release date (Which was against the contract) and suffered "Losses" from it.
Now they want their money back...
paulrules
Neo-Senku: The World's Finest Pervert
Posted 2:00 PM 7/8/08
@Otacon85: lol
Neo-Senku: The World's Finest Pervert
mfwahwah
Posted 2:00 PM 7/8/08
I would hate to be that employee when his (former) boss slaps him a memo saying "You owe me $10 million ***hole."
mfwahwah
sarcasmOD
Posted 2:00 PM 7/8/08
@Gantz: Your Trusted Friend in Science.: Of course it will still be pirated, but a full version 6 weeks in advance, from an employee of the company that is supposed to help reduce pirating? They messed up, and now they have to pay up. Nothing wrong with that, even if the pirating was inevitable.
sarcasmOD
Grive
Posted 1:58 PM 7/8/08
@Toasticus: That show is scheduled for 10:15pm. Please make use of the intermission to get your snacks at the counter.
Grive
Grive
Posted 1:57 PM 7/8/08
@Gantz: Your Trusted Friend in Science.: Although it's correct, it wouldn't hold much water.
"Look, I shouldn't be jailed. The house was unlocked. Someone was gonna enter and steal everything anyway!".
While it's true that it's very, very likely that there would be piracy, we
a) can't really know for sure
b) it's impact isn't the same as a leaked final copy before the game hits shelves.
Thus, they're entitled to ask for compensation regarding loss of revenue.
Grive
Toasticus
Posted 1:57 PM 7/8/08
Has the cliche parade begun already? Nobody puts on a show like self-entitled guilty consciences, I always say. Did I miss the shut up and make a better game float or is that later?
Toasticus
jacka1
Posted 1:57 PM 7/8/08
Wow there is really a company called OEM? Maybe they will sue IT Journalists who use OEM to make up for this.
jacka1
HykCraft_Returns
Posted 1:56 PM 7/8/08
"Awww man... that's BOGUS!"
lolz
HykCraft_Returns
Otacon85
Posted 1:55 PM 7/8/08
@Omniel:
...So you steal a game, knowing that your PC can't run it, and since it's a hacked copy, using any official patches and other support for the game won't be available to you? Where's the logic in that?
That's like a guy going into a Walmart to steal some tampons, and then when he gets caught he tells security "Look, guys, it's totally cool. I wasn't going to use them, I don't even HAVE a vagina."
Otacon85
Stevetrop
Posted 1:52 PM 7/8/08
@MoeB: You're right don't copy that floppy use a CD-R instead.
Stevetrop
excaleranth
Posted 1:48 PM 7/8/08
@MoeB: "I'm too young for a life of crime!" XD
excaleranth
FinalFrog
Posted 1:44 PM 7/8/08
At least this likely won't affect the next game being released on Steam.
FinalFrog
Omniel
Posted 1:44 PM 7/8/08
Steam helps fight piracy, and offers perks* i meant :P
Omniel
Gantz: Your Trusted Friend in Science.
Posted 1:44 PM 7/8/08
Though on a more serious note.
Those people would be pirating the game regardless of if it was leaked before or after the game's actual release. Most games are ripped and pirated day of.
Aside from the whole breach of contract and copyright infringement, I can't see this actually affecting their sales.
Gantz: Your Trusted Friend in Science.
BananaKid
Posted 1:43 PM 7/8/08
I think this is totally justified. Gamers pirating will always happen. But it coming from the production company, after they specifically swore (and were paid to ensure) that it wouldn't happen, that's worthy of a lawsuit.
BananaKid
Entegy
Posted 1:43 PM 7/8/08
How do you think these things get leaked in the first place? Some employee looking for 15 minutes of fame.
Entegy
Omniel
Posted 1:43 PM 7/8/08
@hodayathink: I like neo-noir lesbians:
It doesn't, I dont pirate games, I buy all my games, I am saying, with assasins and crysis, people probaly were more inclined to pirate it cause thier PCs wouldnt run it, so they didnt feel like shelling it out, it's wrong, but companies need to change thier methods.
Value and blizzard are good examples, of how to cut back on piracy. Make the customer want to have a legal version, by making it constantly updated, Steam helps piracy, and offers perks to use it.
Omniel
Ichidou
Posted 1:41 PM 7/8/08
@MoeB: WHATS A FLOPPY??? :( :( :(
Ichidou
Altersparck
Posted 1:36 PM 7/8/08
Hey, at least Ubi isn't suing their customers. :P
Altersparck
Gantz: Your Trusted Friend in Science.
Posted 1:36 PM 7/8/08
Whatcha gonna do when they come for you, bad-boys bad boys.
Gantz: Your Trusted Friend in Science.
sir_carrot
Posted 1:35 PM 7/8/08
Someone's in trouble.
sir_carrot
nick.soapdish
Posted 1:35 PM 7/8/08
@hodayathink: I like neo-noir lesbians: There was actually an editorial on Gamasutra today with that exact same statement.
There are a lot of companies that get hired based on their ability to undermine the pirates, I'm surprised we don't see this type of reaction more often. Of course, most companies that try copy protection on their own don't necessarily have a lot of success either.
nick.soapdish
ZetaCrossfire
Posted 1:31 PM 7/8/08
lulz
ZetaCrossfire
hodayathink: I like neo-noir lesbians
Posted 1:29 PM 7/8/08
@Omniel: And that makes it okay to pirate because...
hodayathink: I like neo-noir lesbians
MetalGearMax
Posted 1:27 PM 7/8/08
Well, if it was an employee that leaked the game early then Ubi should nail their assess to the wall.
MetalGearMax
Toasticus
Posted 1:26 PM 7/8/08
That kid of indeterminate gender is totally about to eat those Legos.
Nom nom nom.
Toasticus
Omniel
Posted 1:25 PM 7/8/08
But, Ubisoft has never given PC a fair shot, they half ass port a game thats needs twice as much PC power than it should.
Omniel
HykCraft_Returns
Posted 1:23 PM 7/8/08
@MoeB: lol, that video is classic.
HykCraft_Returns
Omniel
Posted 1:23 PM 7/8/08
the rediculas system specs is probaly a magor cause of piracy for this game.
Omniel
HykCraft_Returns
Posted 1:23 PM 7/8/08
And after this incident, you won't see Ubisoft going back to PC ever again.
HykCraft_Returns
MoeB
Posted 1:22 PM 7/8/08
don't copy that floppy bro!
+ Watch video
MoeB
Ecks
Posted 2:38 PM 7/8/08
Just because SOMEONE would have pirated it doesn't make it okay to be the one to do it.
Ecks
Chef
Posted 2:23 PM 7/8/08
Yarrrrr! Lawyers be boarding Optical Experts Manufacturing's poopdeck for some skewering, me hearties!
Chef
PrivateJ0ker
Posted 3:01 PM 7/8/08
Another example of the extreme superiority of the Bluray format's security.
Microsoft gets owned, while Sony scoots by with the "extremely better" format.
PrivateJ0ker
goat999
Posted 2:47 PM 7/8/08
Luke, you always pick the perfect image to accompany the story.
goat999
Stirdy
Posted 3:31 PM 7/8/08
@Otacon85: When reading someone's comments, particularly those you plan on responding to, please remember - comprehension is key.
Also, the photo accompanying this article hurts my feelings.
Stirdy
Stevedroid
Posted 3:16 PM 7/8/08
Games being pirated before they hit shelves (known as 0-day piracy) is becoming increasingly common because of the minimum wagers that have access to the game at these productions facilities.
About time someone did something about it, I say.
What many of you don't understand is that the activation systems that Bioshock and Mass Effect used are largely to prevent 0-day piracy. Trust me, they understand whatever DRM system they use will eventually be cracked, but usually not until after the activation server is up and running because the crackers need to analyze how the game is unlocked. If publishers can prevent it from being cracked until the game is released, that's actually a big deal. 0-day piracy is much more damaging to sales than piracy after a game is released.
If this disc production sourced piracy shit stops, maybe publishers will back off on these less than ideal DRM mechanisms.
Stevedroid
ShaggE
Posted 3:12 PM 7/8/08
@PrivateJ0ker: What the hell are you talking about? If you're going to fanboy it up (please don't, for the love of basic human intelligence), at least make sure it makes sense in the context of the article.
ShaggE
sander_dutch
Posted 3:50 PM 7/8/08
@Sheogorath: That pirate ship was also one of my favorite lego toys. That and the Lego Space Monorail made some of my happiest birthday memories.
On Topic: The guy who leaked it should be held accountable, although with current labour laws I'm not sure is possible. Tough luck for OEM.
sander_dutch
TurtleSoup
Posted 3:46 PM 7/8/08
About time someone started doing this... publishers also need to look to their own in some cases too...
TurtleSoup
x3sphere
Posted 3:43 PM 7/8/08
Seems odd to give a disc reproduction plant a copy of your game two months before release.
x3sphere
PackerX
Posted 3:40 PM 7/8/08
@Otacon85:
More like this: "Man, I've heard that the system specs for this game are pretty rough. I don't know how my computer will run it, and there's no demo available. Since I can't return opened software, the only way to know that I won't be wasting $60 is to pirate it."
PackerX
DimensionWarped
Posted 4:25 PM 7/8/08
I highly doubt any losses were actually incurred from this. I know I didn't give enough of a damn about Assassin's Creed to pirate it even though I have more than enough PC to play it. Everyone knows the game was made for XBox 360 (not that I own one) and that the PC port was a half assed pile from the word go. No one I know has the PC version pirated or otherwise.
DimensionWarped
icegoat
Posted 4:19 PM 7/8/08
see thats why you go to your FRIEND'S house to upload pirates...
icegoat
Kartune
Posted 4:28 PM 7/8/08
the emplyee that uploaded is gonna get screwed
Kartune
Kenny
Posted 5:18 PM 7/8/08
@Omniel: lolwut?
Kenny
pot
Posted 5:50 PM 7/8/08
@x3sphere: It takes time to press all the discs. I thought it was obvious why you see games "going gold" months before the release date. Because it takes time to press the disc, make the box, print manual, sihp to warehouse etc etc.
pot
Talleh
Posted 5:50 PM 7/8/08
That sucks, that their game got pirated, and the company getting sued. Then again, I hope it goes through, maybe they'll you know, not violate contract and be a little more careful about that. No telling how much Ubi lost from early UL of it.
Talleh
exkon
Posted 6:21 PM 7/8/08
Wow, I wonder what the employee was thinking? Probably going to have a HARD time getting another job..
exkon
vig0r
Posted 8:59 PM 7/8/08
@PackerX: Then you would just the back of the box durr???
vig0r
vig0r
Posted 9:02 PM 7/8/08
@vig0r:
oh wow how perfect of my to emulate retardation while forgetting to put the measly verb in. What i meant to say was
Then you would just look at the back of the box,durr
@vig0r:
vig0r
NateN
Posted 10:30 PM 7/8/08
I wonder if they bothered reporting the l33t h4x0r who uploaded the file to the police. It sounds like they'd have a pretty decent case against him. Sucks for OEM however, I know I wouldn't send any business their way after hearing about this.
@Toasticus: How about the always wonderful "I wasn't going to buy it anyway, so it doesn't count as a lost sale"? That's always been my personal favorite.
NateN
Rebochan
Posted 11:00 PM 7/8/08
@PackerX: You mean you can't just wait a few days after the game comes out and let other people try running it first?
OEM got what they deserved - they were hired to press discs and not let them leak. They let the game leak. Lawsuit justified.
Rebochan
karateka
Posted 10:44 PM 7/8/08
I bet that (ex)employee feels real stupid now :) hahaha. stupid.
karateka
Anaralia
Posted 11:35 PM 7/8/08
@Stevetrop: CD-R? Welcome to 2001. Piracy is all about torrent these days.
Anaralia
sqlrob
Posted 12:08 AM 8/8/08
@HykCraft_Returns:
Right, because there's no way a pressing plant could upload an ISO for a console game, it's all a PC problem.
sqlrob
gloveofpower
Posted 1:03 AM 8/8/08
hahaha oops!! Hey is that a Black Seas Barracuda? I wish someone would leak the forthcoming LEGO MMO! I wanna play that!
gloveofpower
Rajolae
Posted 12:54 AM 8/8/08
@HykCraft_Returns: Yeah, they'll end up blaming pirates instead of themselves for their game sucking.
Rajolae
Rajolae
Posted 12:52 AM 8/8/08
This is one of / the only kind of case where I will agree with suing over piracy. The company fucked up and one of their employees is a dumbass. Sue the people that are to blame, not people who pirated shit.
Rajolae
x3sphere
Posted 1:50 AM 8/8/08
@pot: Oh I know, but usually, games aren't sent off to production two months in advance. It's more like three weeks.
x3sphere
fuchikoma
Posted 3:32 AM 8/8/08
Well... just cram it full of Starforce and other crapware until it doesn't run on anything then!
fuchikoma
parad0x360
Posted 5:35 AM 8/8/08
Well I dont agree with DRM because it only hurts the honest consumer, UBI does have a point here.
Most time it happens like this. At the plant a disk is "bad" that could be anything from warped to the label was offcenter. They toss all these disks into bins to be destroyed and at that point a "pirate" takes the game and uploads it. They dont count the bad disks so nobody is any the wiser about it.
This company promised that wouldnt happen and so long as the contract states that then UBI is owed money without question.
You cant agree to a term and then break it and not expect problems.
parad0x360
anabbeynormality
Posted 9:52 AM 8/8/08
That picture is fantastic.
How can there be strife when we have Legos?
anabbeynormality
headcharge101
Posted 5:47 PM 7/8/08
@MoeB: if only everyone listened to the words of MC dp then we would never have to worry about piracy ever again
headcharge101
PsyComa
Posted 2:46 PM 7/8/08
someone got fucked.
PsyComa
EVIL_V2
Posted 1:24 PM 7/8/08
good for ubi, now if they can just make assasins creed not so repetitive.
EVIL_V2