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Up to 25,000 British illegal downloaders sued for £300 as games developers turn to courts
Last updated at 19:54pm on 21.08.08
Expensive: A scene from the disputed Lord of the Rings computer game
Computer game firms have declared war on illegal downloads demanding money from thousands of users suspected of file sharing.
Top games developers, including those behind The Lord of the Rings, are serving notices on 25,000 people across the UK telling them to pay £300 to settle out of court.
If they refuse they risk being taken to court with plans to target the first legal actions against 500 people who ignore their letters.
The action is being taken by five companies: Atari, TopWare Interactive, Reality Pump, Techland and Codemasters.
They are responsible for top games, which as well as Lord of the Rings also includes the Colin McRae Rally series and Operation Flashpoint.
The group have appointed law firm Davenport Lyons to force through the action, as estimates say six million engage in file sharing illegally.
This latest move is part of a wider offensive by companies to protect their copyright on the internet, which has seen the music industry also trying to tackle it.
Earlier this week Isabella Barwinska, who at the time lived in Leytonstone, east London, was the first offender to be made to pay damages to a manufacturer of computer games.
She was made to pay £16,000 after being taken to court by computer game manufacturers TopWare Interactive, who were seeking to protect their copyright.
Similar action was been launched by the music industry - the British Phonographic Industry - to stop illegal file sharing, which costs it billions each year.
It is understood that Barwinska did not file share for commercial profit or gain but to exchange with friends.
Estimates suggest that sales of computer games will reach £2bn in the UK this year with sales of consoles set to reach 9.1million.
Davenport Lyons said its clients had become 'incensed' by the level of downloading.
It is asking the High Court for an order forcing internet service providers to hand over names and addresses of 25,000 people suspected of the activity.
About 5,000 addresses have already been obtained it is claimed after uncovering evidence of illegal activity.
But games publishers have expressed concerns about the actions, claiming they are reluctant to see legal action taken against their core market.
Some believe that a better method would be to find other ways to offset the losses caused by illegal piracy.
This action comes as millions of people are to receive warning letters that their home computers are being used for illegal music and video file-sharing.
Earlier this summer it was revealed the letters will alert parents to the fact that their teenage children are part of a global piracy network.
Major internet service providers are sending out the letters following a groundbreaking deal with the music and film industries.
ISPs have formed a partnership with entertainment companies to identify the owners of computers being used for file-sharing.
Letters are to be sent warning that the practice is illegal and could lead to court action for breach of copyright.
There are suggestions that householders who refuse to stop will be hit with sanctions including an annual fee or restrictions on their internet service.
Reader views (6)
Here's a sample of the latest views published.
Typical, big business can influence even the judiciary.
- Dave, London
Has anyone asked how much it will cost to the taxpayers? Why do they want to load the Court with their minor things when it is supposed to protect people from real criminals?
- Bernard, London
For theft to have occurred, the company, Topware Interactive, must be able to demonstrate that a loss occurred as a result of file sharing. The game costs about £18 so a £6,000 fine in damages seems over the top. It would be the equivalent to stealing 334 copies from a shop.
- Adam, Harrow, uk
In response to Mike - £6k of the fine was based on the number of people downloading the game in question (several hundred) that she had made available, £10k was court costs presumably because she didn't settle with them before going to court.
I suspect that if she had been instrumental in allowing several hundred physical copies to be stolen, the fine would have been similar and she could conceivably have received a custodial sentence.
- Dilbert, London
Theft is wrong but for a mother of two to now have to pay £16,000 is absolutely immoral. If she had walked into a gaming shop and stolen ten physical copies of the game she would probably receive a £100 fine with a caution. The fine is completely disproportionate to the crime.
- Mike, London
While illegal downloading and sharing should be stopped, when are developers and publishers going to get into the real world?
Just from the experience of Radiohead, people prefer to use the P2P site they know, trust and prefer to support, rather than go to the "corporate" site, even thought the product is to all intents and purposes free.
- Md, London, UK
