The Internet v CD Projekt: a Legal Perspective

This is guest post by John Wrigley, a gamer and law student
As a law student and as an enthusiastic gamer, I can’t help but have noticed the recent controversy surrounding CD Projekt. In case you haven’t been following it, the story goes something like this: CD Projekt release The Witcher 2 without any DRM. Some people, as some people inevitably do, pirated it. Now CD Projekt are sending letters to people that they believe have pirated the game demanding a sum somewhere in the region of €750, with the backup threat of a legal suit if the person does not pay up. Many people are quite upset about this, including Mr John Walker at Rock Paper Shotgun, whose recent words on the subject you can find hereand here. This post attempts to offer an insight into the legal position behind the events. What this article isn’t about is creating solutions or settling the debate, its purpose is solely to try and raise awareness of the legal doings and beings and to maybe try to challenge some of the common misunterstandings about the way the law works.