this post was submitted on 28 Jul 2023
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Piracy: ꜱᴀɪʟ ᴛʜᴇ ʜɪɢʜ ꜱᴇᴀꜱ
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You know it’s a lot easier to think about pulling a “Tee hee who released this game? Not me oops.” then it is to be the person staring down the idea of actually having consequences from it.
If Disney sues you, there’s basically no upside.
The downsides are, that even if you win or come to a settlement that you’re on the hook for lawyer’s fees. How many thousands of dollars do you have sitting around to burn on lawyers?
A settlement agreement would of course end with Disney getting the payout, not you. So, decide how much that is.
And that’s all assuming you end up either winning or not going to trial.
If you go to trial for IP infringement, it’s a civil case. That means that Disney doesn’t have to show proof beyond a reasonable doubt, but only that it is more likely than not you infringed. So if a jury needs to be 99% sure in a criminal trial, they only need to be 51% in a civil trial.
And for a trial you will be deposed, which is sat in a room an interrogated by Disney’s lawyers. And you have to answer their questions and you have to tell the truth. Want to pled the 5th? Guess what, it’s not a criminal trial so pleading the 5th in a civil deposition can be used against you to draw the worst inferences. They will ask if you worked on it, and if you distributed it, and they’ll ask in every way possible so you can “technically tell the truth” while trying to weasel out of it. And if you do lie, and your lie gets caught, you’re toasted.
Sounds fun right?