Games Industry quotes Montreal lawyer Michael Shortt in an article on piracy in the gaming industry.
To help answer that question, I spoke with Michael Shortt, a partner with the Canadian lawfirm Fasken who works as a lawyer and trademark agent with a focus on games. And as you might have guessed, a lot of the reason is because the infringing products are being posted by third-party sellers.
"If you're selling the product yourself, you're going to be on the hook legally to a much greater extent than someone who's just selling third-party products," Shortt says. "With third-party products, you've got plausible deniability. The argument is that you just didn't know because there's so much traffic."