We should have seen this one coming, especially after witnessing the shockingly efficient way in which our custom-made race of space-faring lawyer sharks enslaved the Spore galaxy. Boy, those guys were quick, turning over verdicts and shutting every brief case with aplomb.
The plaintiffs of a new class action lawsuit against Spore's publisher, EA, could have found some use for our toothy objectors, as they've alleged that the game violates consumer law by including and installing SecuROM, the digital rights management software responsible for many an outraged gamer. The complaint, which seeks damages for trespass, interference and unfair competition, as well as disgorgement of unjust profits, claims that SecuROM is "secretly installed to the command and control center of the computer (Ring 0, or the Kernel), and surreptitiously operated, overseeing function and operation on the computer, preventing the computer from operating under certain circumstances and/or disrupting hardware operations."
We're not sure how EA will respond to the complaint, but we can offer the company some advice, based on the weaknesses we surmised from our aquatic lawyers. Attack with really big space ships.
[Via Gamespot]
Reader Comments (42)
Posted: Sep 25th 2008 5:07PM Dirty said
Anyone else sick of seeing that graphic?
Posted: Sep 25th 2008 5:17PM PersonOfSorts said
If given a funny caption, it could easily live on forever.
Reply
Posted: Sep 25th 2008 5:09PM cesaria said
PEW PEW PEW!
Posted: Sep 25th 2008 5:15PM juju187 said
how has the money to support such lawsuits?
anywho EA had it coming to them, like the laws of nature dictate no one group can be so big for so long...
anywho EA had it coming to them, like the laws of nature dictate no one group can be so big for so long...
Posted: Sep 25th 2008 5:21PM (Unverified) said
EA is really run by robots. They are using DRM to put monitoring devices in all the world's computers. duh
Posted: Sep 25th 2008 5:23PM F1 Basu Gasu Bakuhatsu said
Good thing my computer stopped SecuROM from downloading when I got the creature creater Demo. (Thank god for Spybot and Vista permission security!)
Posted: Sep 25th 2008 5:27PM sk8monroe81 said
i dont like lawsuits much, but this is one of those things that make lawsuits great.
maybe sims 3 and spore 2 wont have this..
they tried in music and that failed on CD's.
maybe sims 3 and spore 2 wont have this..
they tried in music and that failed on CD's.
Posted: Sep 25th 2008 5:28PM Snowblind said
I hope this at least makes them patch some of this crap, I refuse to buy any of these games while they have DRM.
Punish the pirates, not the actual buyers.
Punish the pirates, not the actual buyers.
Posted: Sep 25th 2008 5:29PM Crono141 said
Funniest thing about this is that there was a 100% working no cd crack on launch day. DRM only screws lawful installations.
Posted: Sep 25th 2008 5:33PM Punkrawk Bbob said
I wouldn't say 100%. The online portion of the game doesn't work, which is a good majority of interest to the end game IMO. Aside from that, yes, there is ALWAYS a solution via piracy.
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Posted: Sep 25th 2008 5:30PM Punkrawk Bbob said
That's silly. Just don't buy the software. I hate that in America, that everything thinks that they are ENTITLED to things. EA decided to make a game, and release it only accompanied with X software, that's their right. As long as the box states somewhere about requiring SecuROM installation to run, this is a waste of time.
Really tired of hearing people bitch about this. If you don't like it, go waste time on another game. There are only about 70,000 other games out there. Probably of which at least 10,000 are better than Spore.
Really tired of hearing people bitch about this. If you don't like it, go waste time on another game. There are only about 70,000 other games out there. Probably of which at least 10,000 are better than Spore.
Posted: Sep 25th 2008 5:38PM Dummy00001 said
You apparently forgot to RTFA.
The lawsuit is essentially about the fact that Spore installs something on your computer without asking for permission.
Per law, it's classified as malware and illegal.
Due to publicity on Net many people know that SecuROM is included. Otherwise - you cannot know that the malware is bundled. And you do not have to know: EA obliged to disclose what precisely you are getting for your money.
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The lawsuit is essentially about the fact that Spore installs something on your computer without asking for permission.
Per law, it's classified as malware and illegal.
Due to publicity on Net many people know that SecuROM is included. Otherwise - you cannot know that the malware is bundled. And you do not have to know: EA obliged to disclose what precisely you are getting for your money.
Posted: Sep 25th 2008 5:43PM arnavdesai said
The problem is not about being entitled to something but that a software like SecurROM is installed on the user's computer. Gamers and geeks like you and me can make that informed decision about whether to buy this game but the majority of the users will not. They think they are installing a game and thats it.
I think lawsuits like this at least make a company and its executives wary that they are just wasting money on lawsuits by going to such great lengths for 'securing' their game.
The suits in a company are sometimes just plain idiots and the only way to tell a suit this is the wrong way to go is by affecting his/her bottomline.
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I think lawsuits like this at least make a company and its executives wary that they are just wasting money on lawsuits by going to such great lengths for 'securing' their game.
The suits in a company are sometimes just plain idiots and the only way to tell a suit this is the wrong way to go is by affecting his/her bottomline.
Posted: Sep 26th 2008 8:55AM (Unverified) said
I fully agree with you. EA can do whatever they want to do in their games.
Besides, do you really think this lawsuit will be resolved soon? This will be tied up in courts until people have forgotten about this game or the people filing this lawsuit will run out of money. Also, the video game legislation in this country is not up to par to resolve this. Nice try but too bad.
-Aticus, http://www.paladintales.blogspot.com
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Besides, do you really think this lawsuit will be resolved soon? This will be tied up in courts until people have forgotten about this game or the people filing this lawsuit will run out of money. Also, the video game legislation in this country is not up to par to resolve this. Nice try but too bad.
-Aticus, http://www.paladintales.blogspot.com
Posted: Sep 25th 2008 5:39PM Jimmyjames said
What a waste of taxpayer money and judicial time.
Don't like DRM? Don't buy Spore.
Where there hell are the class-action lawsuits over email SOMA and system Hijackers? Those are about 1,000,000 times more annoying and damaging than DRM.
Don't like DRM? Don't buy Spore.
Where there hell are the class-action lawsuits over email SOMA and system Hijackers? Those are about 1,000,000 times more annoying and damaging than DRM.
Posted: Sep 25th 2008 5:45PM Zertoss said
Spammers and system hijackers don't get sued because they live in countries other than the U.S. The ones that do live here go to prison when they get caught. Or in the case of one spammer, they go to prison, escape, grab their family, take off in the car and then shoot everyone in the car.
So yeah, I'd say this is a lot less of a drain on taxpayer money.
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So yeah, I'd say this is a lot less of a drain on taxpayer money.
Posted: Sep 25th 2008 5:39PM Zertoss said
I'm sure that even a lot of the people who are aware of SecuROM's presence on the game aren't aware of it being in the kernel layer. And of the people who are aware of it, some of them probably don't realize just how bad that is.
It can potentially crash your operating system, possibly even rendering it completely unusable. You could repair the OS with its install disc, but you'll just run into the same problem when SecuROM pops the OS's kernel again. The only way I know of to get rid of it is to format your hard drive. It would be a lot easier if the evil little bastard didn't get embedded into the kernel AND repair itself should you try to get rid of it.
It can potentially crash your operating system, possibly even rendering it completely unusable. You could repair the OS with its install disc, but you'll just run into the same problem when SecuROM pops the OS's kernel again. The only way I know of to get rid of it is to format your hard drive. It would be a lot easier if the evil little bastard didn't get embedded into the kernel AND repair itself should you try to get rid of it.
Posted: Sep 25th 2008 6:00PM JimJim said
(pardon my FRENCH)
DRM BURN IN HELL!!! and hope the dudes get a lot of money from EA.
DRM BURN IN HELL!!! and hope the dudes get a lot of money from EA.
Posted: Sep 25th 2008 6:21PM Clinton O said
i cant believe they would do that 2 a computer . if they did that 2 any of my console it would be time 2 kick ass. then again i can believe it
Posted: Sep 25th 2008 9:04PM scy1192 said
I really hope that EA just gives them the middle finger... seriously, it's getting rediculous.
Posted: Sep 25th 2008 11:33PM Domicinator said
I knew it was only a matter of time before some ridiculous lawsuit came up over this.
Posted: Sep 26th 2008 8:28AM ScottG13 said
Get a life people. If you don't like the software, don't buy it/install it. This is still America and you have freedom to choose your entertainment.
Posted: Sep 26th 2008 3:12PM JoshMilewski said
This is a stupid lawsuit. Just don't buy the game.
Posted: Sep 26th 2008 5:36PM codemunki said
While I refuse to buy games that use SecuROM, this is a stupid lawsuit. Lots of third-party middleware are "installed without permission" in almost every piece of software sold on the market. They usually come in the form of DLLs, static libraries, etc. In that regard, SecuROM is no different.
In order for it to be illegal, someone would have to prove that it is malicious in some way. That is unlikely to happen. Otherwise, you could have a class action lawsuit against any game that uses Havok, because it is transparently installed without the user's permission.
In order for it to be illegal, someone would have to prove that it is malicious in some way. That is unlikely to happen. Otherwise, you could have a class action lawsuit against any game that uses Havok, because it is transparently installed without the user's permission.
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