Imagine putting in hours of work to create one of the most anticipated games of the decade. Suddenly, a hacker decides to access your unfinished game and shares it with the world. This is exactly what happened to the developers of Grand Theft Auto 6 (GTA 6).

In September 2022, the developers of GTA 6 were the victim of an orchestrated hack. The hacker leaked various screenshots and videos of the still-in-development GTA 6. For those who don’t know, the hack is actually a cybercrime. If it had taken place in South Africa, the developers could report it to the police. 

This post is for game developers and publishers who don’t know what to do in this situation. We hope that after reading this, you will know what to do if you ever find yourself in this situation.

What happened with the GTA 6 leaks?

When Rockstar Games announced that GTA 6 was developing, fans clamoured for information on the game. However, an anonymous user posted information about GTA 6’s development in late September. The post included various screenshots and videos of the game in early development. 

Take Two Interactive, the publisher of GTA 6, began making various requests to remove the information from the different forums. 

The leaks are still available online, but many forums have taken them down. Fans reacted quite positively to the leaks, but the real impact has not yet materialised. For example, the developers have said that the leak won’t affect their release window – meaning it won’t affect the timeline for releasing the game. However, it’s still possible that further complications might creep up later. Leaks of this nature can cause massive financial loss and reputational harm to game developers and publishers.

Which cybercrime was committed?

Unlawful access occurs when a person intentionally and unlawfully gets access to data they shouldn’t have access to. The GTA 6 leaks are a clear case of this. The hacker intended to steal the game data to publish it and leak information about its development. Their conduct is actually both the crime of unlawful access and theft of incorporeal property. So it’s both a cybercrime and a crime under common law, which means that Rockstar Games and Take Two Interactive have options for reporting and dealing with the crime.

What should you do?

We recommend that you: 

  • put in place a robust incident response procedure;
  • report the crime to the police; and
  • compile and preserve any evidence of the cybercrime – you may be obligated to if you are an electronic communications services provider.