The big news today, for the Halo and Bungie community, was that a copy of Halo 2 is now making the rounds as pirated software - from BitTorrent trackers, IRC, and newsgroups; pretty much the "usual places" users will seek out now to locate and obtain a copy of pre-release programs. In most cases where pirated software (sometimes called "warez") is used, people just don't want to pay for it, or don't care. I have a unique perspective on this situation; not only am I working for a software company, but I do write my own software. At the same time, I do have contact with some sites and people that are less than kosher in their acceptance of illegal materials. Finally, I, like many gamers, are waiting impatiently for the final release of Halo 2 in North America.
So what's my topic of discussion? The leak; the problems associated with the leak; and what I think can and should be done right now.
Rusty Pipes: Prelude to Leak
Leaks of games are only a matter of time. Whether it's only hours, nearly a whole month away (like Halo 2), or even leaked before the game's actually finished (Halo PC press beta and Half-Life 2), leaks can and do happen. It's part of the distributive nature of the Internet. What's more, once the metaphorical genie is out of the bottle, there is little in its path to impede distribution.
Halo 2 had two things going in its favour against it being leaked: the limited, signed method of distribution that requires all copies of the software to run from a retail disc; and the fact that Microsoft does not take leaks of their software lightly. The main limiting factor with this release requires potential downloaders to have a modified Xbox console - which is admittedly easy to obtain using software modifications. It also requires the acceptance of a game using the PAL video standard, as well as tolerance of French language speech with subtitles in the console's selected language.
The fact is, there is no legitimate reason to download the game in its current state. It will not support Xbox Live play -- not because of the game's "fingerprint", but more so that the game will refuse to boot under an unmodified Xbox BIOS. If Xbox Live is accessed with a non-standard BIOS, be that EvoX, Xecuter, or any other BIOS not included by default on Xbox units, the console's EEPROM (containing the serial number) will be denied access to Live services. Interestingly enough, your account stays active through this process, so you can reactivate it on another unmodified Xbox.
So What's So Bad About Leaks?
I've been quite vocal about the subject of leaks before. A lot of mainstream Halo sites have refused to even acknowledge leaks in the past; which is beneficial in cauterizing the spread of the files to a limited extent. But the real issue is the way in which leaks are treated.
Downloading a copy of Halo 2 is similar to the way in which downloading music in the United States is treated. Mainstream news outlets are referring to people downloading the leaked version as "thieves" and "pirates"; they use the same term to people "stealing" MP3's from the Internet. In reality, the two issues are not the same. Downloading music is a civil case and is simply copyright infringement; not "theft", and certainly not a criminal case, as the recording industry might suggest. Software piracy, though, is slightly more widespread and carries criminal penalties.
Halo fansites use slightly more derogatory terms when referring to people obtaining illegal copies. Most software pirates would probably have moral qualms about entering a store and lifting a copy of the game off the shelf, then sneaking out. Yet even criminal penalties for shoplifting are much less than the potential losses that one could experience when downloading games.
The real difference in morality is that at the end of the day, software piracy does not remove a product from the shelf -- nothing physical has been taken. The implication is rather that by downloading a game, it deprives the company of the right to make money from its sale.
It is this "right" of the company which people see as more flexible, and plead with all manner of excuses: trying the game before buying it, "seeing if it's worth the money"; "I wouldn't have paid for it anyways"; "It's a Microsoft product, so they're not losing any money"; and other illogical justifications.
In this case, there is no argument against the leak being inherently bad for Bungie and Microsoft. However, the argument about funds still stands: Microsoft is a multi-billion dollar company, and as such as long as the Xbox and Microsoft Games division stand, Bungie is assured security. It is foolish to state that the leak of the game will severely impact the division, due to the exacting category of users that are in the market for pirating the game: Xbox gamers with a modified console, with high-speed connections, access to a copy of the game, with the technical savvy to either burn a DVD or transfer the game to the Xbox using FTP. Excluded are users that are morally against piracy in general; against piracy against Bungie; against seeing the game until its release, or in multiple languages; and those that fear the wrath of Microsoft's legal minions. All in all, the category is quite exacting, and I haven't even accounted for users that will still purchase a copy of the game to play on Xbox Live.
Counter to this argument, there are some insightful posts on Voodoo Extreme (thanks, Dan) that discuss the fact that in Europe, modded Xbox units are more common than in North America and as such, could have a greater impact than I've described.
To Fix the Leak
Bungie employees have issued several posts and news updates on the state of events. They're good information, but I think that tracking the source of the leak and preventing the game from spreading should include several certain points:
- Don't go off and perform vigilante action. I've seen posts on forums bragging that people have gone into IRC rooms, asking where they can obtain copies of Halo 2. When told, the user files a dutiful report with Microsoft's piracy contact email, that will accomplish, in my opinion, nothing.
Microsoft's piracy department is set up primarily to fight corporate piracy, specifically of Windows and Office products, their highest revenue earners. While I don't doubt that they have the resources at their disposal to track down video game pirates, their legal team should be looking at the processing plant used to manufacture the discs for Europe, and finding the original source of the leak. It is, in my opinion, too late to stop the release of the software; one distribution site notes that there are currently almost 1000 users downloading the game, with nearly 400 of those users continuing to upload a completed copy.
Plus, if you're in IRC asking for a copy of Halo 2, you better believe there are Microsoft folk around those parts as well, who may in turn notify your Internet provider.
In short, if you're really "getting a rush pwning those pirates", it's probably a good idea to sit back and let the professionals handle it. Community action is good, but not to the extent I've seen so far.
- Be responsible about reporting the situation. BBC News reports that an OXM contact indicates that the only way to make Halo 2 run is "illegally modifying your console"; inherently, modifying a console is not illegal, but running a downloaded game is. IGN reports that "to download a game that's not even been sent to retail stores is a well-thought out attack on a developer, Bungie, it's publisher, Microsoft, and functioning free-market capitalism...", which I would argue with: Downloading pirated software is not well-thought out, in most cases.
When I heard about the leaked copy today, I was completely up for seeing what new things were in Halo 2; what the extent of the leak was, and thought my conscience was clear, considering that I've already completely paid for the retail Limited Edition. After arriving home and reconsidering my own views, I decided that getting an internet account forcibly yanked for piracy would not have been a good thing. Today would have been horrible for those working at Bungie Studios, and it's really, honestly, unfair to them. That's what sealed it.
I personally can admit I was tempted by the dangling carrot of a game, early and not even hot off the presses yet. I think it takes some courage to admit to that, when most of the community seems bent on turning over suspected pirates to Microsoft. What I've learned from today's events is that I do respect Bungie, and intend on waiting in line on the evening of November 8th to get my legal copy. For those of you that might decide to fire up BitTorrent, I can't honestly condemn you; but seriously think about whether you want your Halo 2 experience to be diluted with the tainted copy.
