Joystiq http://www.joystiq.com Joystiq http://www.joystiq.com/media/feedlogo.gif Joystiq http://www.joystiq.com en-us Copyright 2008 Weblogs, Inc. The contents of this feed are available for non-commercial use only. Blogsmith http://www.blogsmith.com/Spore DRM spawns class action lawsuithttp://www.joystiq.com/2008/09/25/spore-drm-spawns-class-action-lawsuit/http://www.joystiq.com/2008/09/25/spore-drm-spawns-class-action-lawsuit/http://www.joystiq.com/2008/09/25/spore-drm-spawns-class-action-lawsuit/#commentsFiled under: ,


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]

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]]>DRMEALawsuitSporeSpore-DRMLudwig Kietzmann2008-09-25T17:00:00+00:00Counting Rupees: Day of Crisishttp://www.joystiq.com/2008/09/23/counting-rupees-day-of-crisis/http://www.joystiq.com/2008/09/23/counting-rupees-day-of-crisis/http://www.joystiq.com/2008/09/23/counting-rupees-day-of-crisis/#commentsFiled under: , ,

Each week Jeff Engel and Geoff Brooks contribute Counting Rupees, a column on the business behind gaming:

One of the issues I've been talking a lot about recently has been the concept of crisis management - how companies respond to problems that may impact their relationship with consumers. Crises don't need to be big to matter; even relatively minor issues can grow big enough to cause headaches. And so it was instructive to see the brouhaha over Spore's DRM, and how EA responded.


For those who don't remember the issue, the basic problem was that Spore limited the number of installations allowed per user as well as the number of user accounts per game copy. I'm not particularly interested in debating whether or not this was a good idea (I'm opposed), but am very interested in talking about how EA responded as concerns began to bubble up from the internet. So, how did EA do?



Recognizing the Problem


The first step in determining whether or not a company has a problem is to see how important the issue is to consumers. I'd argue that DRM is, if not critical, at least of some concern to gamers. The first sign that clouds were on the horizon was actually way back in May. That was the first announcement of the SecuROM solution for both Mass Effect and Spore PC, and it sparked a minor uproar. Clearly, the issue was of some importance for gamers, although the fact that neither game had been released probably helped mute some of the criticism. All in all, this seems like it should have been a red flag for EA. Prior DRM problems from Microsoft, Sony, Apple, and others sparked similar concerns as early as two or three years ago. This was something that was important to gamers and they were willing to act.


"Let me suggest that EA tried to fix the wrong problem."
The second step is to figure out how visible you are to your consumers. As one of the two biggest entities in gaming today, EA walks around with a big bullseye on its back - even though it may not be the root cause of all of gaming's problems, it's one of the first things you think of as a symbol for the industry. It stands in for everyone else. And so you could be forgiven for thinking that EA would become a lightning rod for DRM controversy, too.


And to its credit, it appears that EA did know that it needed to respond: BioWare dropped the 10-day validation requirement from Mass Effect just two days after the initial announcement was posted. But it wasn't enough ... gamers weren't concerned with the 10-day requirement alone; they felt that the entire DRM system was draconian. Whether or not it was draconian is irrelevant.

Containing the Problem


One of the things they tell you in business school is that the first thing you're supposed to do in figuring out how to respond is to look at your company's basic values: those should tell you what to do. For example, if your firm wants to provide innovative solutions to improve customers' lives, you ask whether or not your actions fit with that mission. I couldn't find a particular statement of EA's values online, but I'm guessing that it's probably something similar.


Ironically, I think BioWare's initial response probably made things worse. Immediately afterward, message board postings heralded the change as a triumph of David over Goliath. They had taken on EA and won. But the change actually concealed the fact that only one portion of the DRM solution had been modified. Criticism was damped down only to reappear closer to Spore's release, when Amazon review bombs, internet postings, and fan boycotts led to Spore becoming the most quickly - and widely - pirated game in history.


"First, you need to clearly understand the issues that may bother consumers and how vulnerable you are to their discontent."
Let me suggest that EA tried to fix the wrong problem. It looked at the Mass Effect uprising in narrow terms: gamers didn't like the DRM, 10-day validation probably wasn't critical, so let's kill off that aspect of SecuROM. A better approach would probably have been to step back and figure out what the real concern was: gamers didn't like being treated like criminals, and they definitely didn't like games that they had paid for making themselves difficult to use as they saw fit. Looking at DRM from this perspective might have allowed EA to do two things: first, figure out in the months from May to September just how deep these feelings ran, and second, proactively reach out to gamers during that time to relieve their concerns.


Learning from the Problem


It's too early still to see what lessons were learning during this crisis, but let me suggest that there are three big ones. First, you need to clearly understand the issues that may bother consumers and how vulnerable you are to their discontent. EA knew there was a concern here but it doesn't seem to have identified the correct root problem in time. Second, it usually makes more sense to agree with your consumers and "cave in" to their demands than to try to persuade them that you're right - they don't really care about your financial performance when they feel personally affronted by your behavior. I don't know whether or not it made more financial sense for EA to leave the DRM in place and risk irritating as many users as it did. But I suspect that it didn't - pirates are never going to be stopped by any form of DRM, and legitimate customers may very well stop purchasing your product if you bother them enough. And finally, don't repeat the same mistakes again. This was definitely a footnote in the list of potential corporate crises: it impacted Spore, certainly, but I'm not sure it really hurt EA in the long term. But a pattern of this type of issue definitely could, and there's no reason to make the same mistakes again.


As co-editors of A Link To The Future, Geoff and Jeff like to discuss, among many other topics, the business aspects of gaming. Game companies often make decisions that on their face appear baffling, or even infuriating, to many gamers. Yet when you think hard about them from the company's perspective, many other decisions are eminently sensible, or at least appeared to be so based on the conditions at the time those choices were made. Our goal with this column is to start a conversation about just those topics. While neither Geoff nor Jeff are employed in the game industry, they do have professional backgrounds that are relevant to the discussion. More to the point, they don't claim to have all the answers -- but this is a conversation worth having. You can reach them at

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]]>Counting-RupeesDRMEAMass-EffectPiracySporeGeoffrey Brooks2008-09-23T18:00:00+00:00PSA: Think twice before deleting PSN video downloadshttp://www.joystiq.com/2008/09/22/psa-think-twice-before-deleting-psn-video-downloads/http://www.joystiq.com/2008/09/22/psa-think-twice-before-deleting-psn-video-downloads/http://www.joystiq.com/2008/09/22/psa-think-twice-before-deleting-psn-video-downloads/#commentsFiled under: ,

The ability to download movies and TV shows via your game console definitely has its advantages. Like, for instance, never having to leave your couch. Of course, as so many modern conveniences are apt to, it's not without disadvantages. In the case of PS3's video store, one of them is the fact that, should you want to free up HDD space by deleting a video and then attempt to download it again later, you'll quickly find yourself on the phone with a Sony customer service representative. (Plus, you might actually have to get up to call them - ouch!)

Oh, the rep will happily flip a switch somewhere enabling you to re-download the video in question ... but only once. Make the same mistake twice and you're stuck. In this case, whether you actually "own" what you've paid for is more than a little fuzzy.

Of course, you could take advantage of one of the PS3's nicer features and simply install a larger off-the-shelf hard disk by yourself. And, since Sony's been so kind as to provide a PS3 Backup Utility for migrating your data, those videos will transfer right over ... right? Not so fast. According to the utility's documentation, purchased and rented PSN video store content may not play following the transfer process. In this case, you'd better hope you haven't used that one-off "lifeline" call to customer service yet.

[Via Engadget]

Source - PS3 re-download limits
Source - Sony PS3 Backup Utility

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]]>digital-rights-managementdrmpsnpsn-video-storevideo-on-demandRandy Nelson2008-09-22T22:40:00+00:00Law of the Game on Joystiq: Rare footage of the DRM in its natural habitathttp://www.joystiq.com/2008/09/19/law-of-the-game-on-joystiq-rare-footage-of-the-drm-in-its-natur/http://www.joystiq.com/2008/09/19/law-of-the-game-on-joystiq-rare-footage-of-the-drm-in-its-natur/http://www.joystiq.com/2008/09/19/law-of-the-game-on-joystiq-rare-footage-of-the-drm-in-its-natur/#commentsFiled under:

Each week Mark Methenitis contributes Law of the Game on Joystiq, a column on legal issues as they relate to video games:


Digital Rights Management (or "DRM" for short) is back in the news in a big way with the recent Spore fiasco. DRM, much like a Spore creature, is a quirky animal, with legs of technology, a torso of law, and arms of business, but it doesn't always have a head on its shoulders. But like so many other things that potentially put consumers and producers at odds, the viewpoints on DRM are extremely polarized with almost no middle ground. So this week I wanted to take a look at DRM, why it exists from a legal and economic viewpoint, and most importantly, try to get hold of that slippery middle ground.

Thinking back to the days of the floppy disk, piracy wasn't yet an overwhelming concern. Yes, it was easy to bypass the write protection on a floppy, but without an internet, you had to find someone who had an existing copy in real life. For the majority of the population, this wasn't an option. Then we entered the initial CD-ROM phase, and at the time, the CD-ROM was a pretty secure media. The idea of a low cost home CD burner and blank CDs were years off, and the Internet was still in its infancy, so CDs were pretty safe from piracy well into the 1990s. It was the proliferation of CD burners, high speed internet connections, and peer to peer file sharing (Hi Napster!) that made software license security a big issue for all software companies in the late 1990s, and things haven't slowed down since.

It's those factors which gave rise to DRM, in addition to the simple fact that, unlike analog media, digital copies don't lose quality over time. For example, if you re-record an audio CD to a cassette tape, the quality degrades. But when you copy a digital file, the secondary file has no quality loss from the first. So, not only were game developers looking for an easier way to protect their products, but other media developers were as well. And by "protect," we've hit the legal element: DRM is essentially about an easy way for developers to protect their intellectual properties.

DRM is a simple alternative to traditional protection of intellectual property. If your only concern is to protect your intellectual property, you can go the traditional route and have an attorney write cease and desist letters and file lawsuits (assuming you can even track down the culprits), or you can create some mechanism by which to either discourage piracy, like a DRM system. Not that use of a DRM system precludes the use of the traditional legal avenues, but the idea is that it can substantially reduce the need for them because fewer people will either be able to or be willing to go through the trouble to pirate the product.

Of course, companies who opt for DRM can be walking a very fine line. I'm sure many people remember debacles like Sony Rootkit, where damages caused by the DRM could leave the publisher liable. Overly burdensome DRM can lead to bad press and lost sales. And, of course, there are a number of shortcomings to DRM technologies.

"The less piracy, the less need for over-the-top DRM."


It's worth mentioning here that piracy can affect both copyright and trademark. Copyright is a pretty clear cut issue: those who own the copyright for a given product have the right to license and distribute as they see fit. What's not as obvious is the potential trademark impact in this kind of scenario. It can actually be damaging to a trademark if a pirated version of a software gets out that includes a major virus or bug as a result of the cracking. When those kind of things make the news or are spread on message boards, it can actually hurt the brand.

The history of DRM and piracy has led to a fairly polarized stance on the matter, with one end demanding a completely DRM-free world and the other looking to lock down media in every conceivable way. Either of those options is a win-lose, with consumers on one end and content creators and publishers on the other. More importantly, to be realistic, neither option is really feasible, as a completely secure DRM system has never been created and a DRM-free world would put an enormous burden on the publisher, one that would likely increase cost to the consumer.

So, is there a middle ground solution? If there were a simple one, it would likely already be in place. Besides hoping for DRM that manages licenses effectively without burdening the consumer, it's possible a completely revised business model may emerge. Digital distribution is already hinting at one kind of model, whereby your licenses are linked to your account and/or system, but it's still not yet a flawless system.

In the meantime, both consumers and producers can try to make the system we have work to the best of its ability. I know it's tiresome to hear, but consumers shouldn't pirate content. The less piracy there is, the less need for over-the-top DRM solutions there is. And producers can combine a reasonable DRM solution with efforts to curb those who actively distribute large volumes of pirated media. After all, if the biggest sources aren't there, then the rate of piracy will go down. Hopefully there will be a time in the future where producers and consumers can coexist in some sort of middle ground where everyone is satisfied, but it may take some innovation in order to get to that point.

Mark Methenitis is the Editor in Chief of the Law of the Game blog, which discusses legal issues in video games. Mr. Methenitis is also a licensed attorney in the state of Texas with The Vernon Law Group, PLLC and a member of the Texas Bar Assoc., American Bar Assoc., and the International Game Developers Assoc. Opinions expressed in this column are his own. Reach him at: lawofthegame [AAT] gmail [DAWT] com.

The content of this blog article is not legal advice. It only constitutes commentary on legal issues, and is for educational and informational purposes only. Reading this blog, replying to its posts, or any other interaction on this site does not create an attorney-client privilege between you and the author. The opinions expressed on this site are not the opinions of AOL LLC., Weblogs, Inc., Joystiq.com, or The Vernon Law Group, PLLC. As with any legal issue that may confront you in a particular situation, you should always consult a qualified attorney familiar with the laws in your state

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]]>columnsdrmlawlaw-of-the-gamesporeMark Methenitis2008-09-19T19:00:00+00:00Spore will allow more than one user per accounthttp://www.joystiq.com/2008/09/19/spore-will-allow-more-than-one-user-per-account/http://www.joystiq.com/2008/09/19/spore-will-allow-more-than-one-user-per-account/http://www.joystiq.com/2008/09/19/spore-will-allow-more-than-one-user-per-account/#commentsFiled under: ,


Even after the initial buzz has faded, Spore's DRM issues live on. One problem was the inability to have multiple accounts for the game, despite the the manual saying otherwise. EA Producer Lucy Bradshaw writes on the game's official forum, called the Sporum, that users will still have one account, but they'll be able to add five Spore screen names to that account.

These screen names will have separate entries in the Sporepedia, along with their own buddy lists and achievements. It's good to see Maxis and EA loosening its iron grip a little. Moments like this seem appropriate for quoting Princess Leia: "The more you tighten your grip ... the more star systems will slip through your fingers."

[Via Big Download]

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]]>accountsdrmdrm-tooleamaxissporeAlexander Sliwinski2008-09-19T12:15:00+00:00Spore creatures join anti-DRM protesthttp://www.joystiq.com/2008/09/15/spore-creatures-join-anti-drm-protest/http://www.joystiq.com/2008/09/15/spore-creatures-join-anti-drm-protest/http://www.joystiq.com/2008/09/15/spore-creatures-join-anti-drm-protest/#commentsFiled under: , ,


Not content with authoring scathing reviews on Amazon, several gamers outraged by EA's approach to DRM in Will Wright's everything sim, Spore, have decided to evolve their line of protest. GameCulture has dug up several amusing, user-created creatures from the game's galaxy, all of them brandishing rather unsubtle traits -- despite lacking traditional faces, it's clear that they frown upon the game's three-install limit.

Regardless of your thoughts on the whole matter, we're pleased to see the promise of user-generated content fulfilled in such an interesting, self-referential way.

[Via GamePolitics]

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]]>DRMEAMaxisSporeWill-WrightLudwig Kietzmann2008-09-15T23:00:00+00:00Amazon's Spore reviews vanish in 'glitch', return soon afterhttp://www.joystiq.com/2008/09/12/amazons-spore-reviews-vanish-in-glitch-return-soon-after/http://www.joystiq.com/2008/09/12/amazons-spore-reviews-vanish-in-glitch-return-soon-after/http://www.joystiq.com/2008/09/12/amazons-spore-reviews-vanish-in-glitch-return-soon-after/#commentsFiled under: , , ,


We're not sure if Amazon is secretly displeased with its recent transformation from major online retailer to caustic protester staging ground. Gamers dissatisfied with Spore's "draconian" digital rights management attacked the game's reputation en masse earlier this week, dragging its user rating down and posting scathing reviews targeted at the three-installation limit imposed by the included SecuROM software. The slate was suspiciously wiped clean today, only to be restored moments before the publishing of this article.

Glitch, or conspiracy? As much as we'd like to point to the latter, Amazon tells us it was nothing more than a "site glitch." Says Amazon: "Amazon did not knowingly or consciously choose to remove the reviews. The team is working on resolving this issue now and restoring all the reviews on the site.

"Per our policy, Amazon doesn't censor or edit customer reviews and we'd only remove a review if it fell outside our guidelines." Regardless, we hope Spore publisher EA has heard the angry cries of legitimate game owners entangled in an anti-piracy net.

[Thanks to everyone who panicked and sent this in!]

Full Amazon statement:

You might have noticed that the customer reviews on the Spore details page were missing today. I wanted to let you know that we experienced a site glitch that resulted in the removal of the reviews. Amazon did not knowingly or consciously choose to remove the reviews. The team is working on resolving this issue now and restoring all the reviews on the site.

Per our policy, Amazon doesn't censor or edit customer reviews and we'd only remove a review if it fell outside our guidelines.

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]]>AmazonAngry-InternetDRMEAMaxisSporeWill-WrightLudwig Kietzmann2008-09-12T18:00:00+00:00Despite manual's claim, Spore only allows one account per copyhttp://www.joystiq.com/2008/09/12/despite-manuals-claim-spore-only-allows-one-account-per-copy/http://www.joystiq.com/2008/09/12/despite-manuals-claim-spore-only-allows-one-account-per-copy/http://www.joystiq.com/2008/09/12/despite-manuals-claim-spore-only-allows-one-account-per-copy/#commentsFiled under: ,


The latest Spore controversy comes courtesy of some false information printed in the game's manual. The Consumerist reports that despite the game's manual stating purchasers "may have multiple Spore accounts for each installation of the game," they only have one. An EA forum rep stated that the information was a "misprint and will be corrected in future printings of the manual."

Spore has been lambasted in Amazon.com's user review section for its "draconian DRM" measures. There's no clear indication whether Spore was originally meant to allow for more than one account -- did DRM measures put the kibosh on that plan?

[Via GamePolitics]

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]]>controversydigital-rights-managementdrmsporethe-consumeristAlexander Sliwinski2008-09-12T13:30:00+00:00Amazon users slam Spore for DRMhttp://www.joystiq.com/2008/09/08/amazon-users-slam-spore-for-drm/http://www.joystiq.com/2008/09/08/amazon-users-slam-spore-for-drm/http://www.joystiq.com/2008/09/08/amazon-users-slam-spore-for-drm/#commentsFiled under: , ,

The Digital Rights Madness around Spore has started an internet war. After demonstrating their power earlier this year with the "Mass Effect Sex-box" author, a gang of ruthless Amazon reviewers have struck Spore (and to a lesser extent the Galactic Edition) down to a paltry 1.5 out of 5 stars. Here's what those Negative Nancies are saying:
  • Dumbed down experience and draconian DRM
  • DRM is a show stopper
  • Spore: I Refuse to Buy Until DRM is Patched Out
  • No Way, No How, No DRM
  • drm makes me a sad panda
  • $49.99 too much for game rental
Notice a trend here? The Spore DRM, so far as we know, works exactly like Mass Effect's system: You have 3 activations for installation, and after that you will reportedly have to call EA for more (and uninstalls won't work to raise that number). Of course, those reviews haven't stopped Spore from being #1 in video game sales on Amazon (Galactic Edition at #12), and we doubt any negative reviews will. As Will Wright aptly told MTV Multiplayer, "We would rather have the Metacritic and sales of Sims 2 than the Metacritic and sales of Half-Life."

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]]>drmeaelectronic-artsmaxissporeRoss Miller2008-09-08T12:40:00+00:00Good Old Games offering early beta accesshttp://www.joystiq.com/2008/09/05/good-old-games-offering-early-beta-access/http://www.joystiq.com/2008/09/05/good-old-games-offering-early-beta-access/http://www.joystiq.com/2008/09/05/good-old-games-offering-early-beta-access/#commentsFiled under: ,


If you love classic games but feel the need to own things in order to bring some sense of stability to your life, GOG.com (that's Good Old Games) could be a good alternative to GameTap for you. The company recently announced that you'll be able to find out for yourself if you sign up for the beta before Sept. 8, at which point the gates will be opened to the masses, or at least the masses that signed up.

We love GOG.com's approach, with $5.99 and $9.99 DRM-free releases that you can download as many times as you want and don't need an internet connection to play, but we wish the selection was a bit better. But who knows? With a beefier roster GOG could be a real Steam contender.

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]]>digital-distributiondrmgoggood-old-gamessteamJustin McElroy2008-09-05T11:20:00+00:00Europe's PS3 PlayTV records TV with no DRMhttp://www.joystiq.com/2008/09/04/europes-ps3-playtv-records-tv-with-no-drm/http://www.joystiq.com/2008/09/04/europes-ps3-playtv-records-tv-with-no-drm/http://www.joystiq.com/2008/09/04/europes-ps3-playtv-records-tv-with-no-drm/#commentsFiled under: , , ,

In a world where video providers seem to be adding increasingly disruptive digital rights management into their video streams, you can always count on video game accessories to provide a hole for unprotected video to break through. First it was the Xbox 360's HD-DVD drive, whose component output allowed for DRM-free copying of the now-defunct high-def discs. Now it's Sony's European PlayTV digital video recorder add-on for the PS3, which CVG reports can "export [recorded] videos to your PS3's XMB menu as MPEG-4 video" for free use on other devices.

At a time when everyone from Tivo to Microsoft seems to slap some sort of protection on digital video recordings, it's frankly a little baffling that Sony (itself a major video producer) would leave this hole in its digital recorder. Not that we're complaining, we're just waiting with trepidation for the other patch shoe to drop.

[Via Evil Avatar]

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]]>accessoryadd-onDRMeuropeplaytvrecordervideoKyle Orland2008-09-04T16:00:00+00:00See how the Xbox DRM tool works, in photos and videohttp://www.joystiq.com/2008/06/26/see-how-the-xbox-drm-tool-works-in-photos-and-video/http://www.joystiq.com/2008/06/26/see-how-the-xbox-drm-tool-works-in-photos-and-video/http://www.joystiq.com/2008/06/26/see-how-the-xbox-drm-tool-works-in-photos-and-video/#commentsFiled under:


click to enlarge

Curious how Microsoft's now available Xbox Live DRM tool works, but don't want to futz through it on your own? Well, we've got two solutions: first, sift through our gallery of the service's various screens by clicking on the above image; second, have the affable Major Nelson hold your hand through the entire thing, in video format after the break. Two great tastes that taste great (or at least show you how to fix DRM-isses on a video game console) together.

Gallery: Xbox.com DRM tool



Video: Xbox 360 Content License Transfer Tool on Xbox.com

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]]>DRMDRM-toolMajor-NelsonXBLAXBLMXbox.comChristopher Grant2008-06-26T15:20:00+00:00Exclusive Q&A with Marc Whitten on Microsoft DRM toolhttp://www.joystiq.com/2008/06/26/exclusive-qanda-with-marc-whitten-on-microsoft-drm-tool/http://www.joystiq.com/2008/06/26/exclusive-qanda-with-marc-whitten-on-microsoft-drm-tool/http://www.joystiq.com/2008/06/26/exclusive-qanda-with-marc-whitten-on-microsoft-drm-tool/#commentsFiled under:


Maybe it was our constant pestering, week after week, month after month, asking everyone at Microsoft what was going on with the DRM situation on Xbox Live - read: some consoles which had been repaired or replaced had lost the ability to play certain XBLA games or view some Xbox Live video content without being signed into Xbox Live - but sometime after announcing the pending release of the DRM tool, we were given the opportunity to speak with Microsoft's Marc Whitten, general manager of Xbox Live, about some of the outstanding questions we had. Anything we missed? Leave your own questions in the comments and we'll try and get the best ones answered.


Joystiq: What took so long? And how long has Microsoft been cognizant of the problem and did the RRoD situation exacerbate this situation?
Marc Whitten: This update is in response to the requests for this from our community. Xbox LIVE members have been asking for an easier way to transfer licenses, and we've been working hard behind the scenes to make this happen. We know the license transfer process has been difficult... I experienced it first hand when I upgraded to an Xbox 360 Elite, but we think this new DRM tool will be great and worth the wait.

How does the tool work? Can we reauthorize content from console to console, or enable on multiple consoles (ala PS3)? If so, how many consoles?
The process is really easy. The Xbox.com DRM tool lets you consolidate all of your downloaded content licenses to one console. So let's say you downloaded UNO from Xbox LIVE Marketplace and an episode of South Park from the Video Store on your Xbox 360, and then upgraded to an Elite down the line and downloaded more games and videos on the new console. In this scenario your content would be licensed to two consoles, and by using the DRM tool you could then download your older content licenses to your new console. With this tool you can transfer licenses from multiple consoles to a single console.

Currently the DRM switch process can take up to 20 days with the help of Xbox Tech Support. Is DRM switching with the new tool instantaneous? If not, how long does it take content to switch over?
I don't think it is still taking that long with our tech support team. We rolled out some changes to support a couple of months ago to give our support agents better tools to handle license transfers, and things have gotten better there. But in terms of the Xbox DRM tool-it is really fast. You can transfer your licenses in a matter of minutes.

What level of control will players have over their ownership of these games? Gamertag centric? Console centric?
Both. You will continue to own any games purchased from your account or Gamertag. Basically, if you bought it on your Xbox 360, this tool will help you move the licenses over. It is that simple.

Can gamers "sell" or "trade" their XBLA games using this tool?
This tool was created to make license transfers easier for our community, not to allow for selling and trading of games.

Assuming Microsoft will be in the games space for awhile, are there plans to let gamers bring XBLA games "forward" to a new console or "sideways" to another product line (think Xbox 7120, Zune, or "Xboy")?
I think you might be getting ahead of yourself here. This tool is only designed for the Xbox 360.

Will this tool also control DRM on PC Live Arcade games? (ps - Where is that anyways?!)
This tool is only for DRM content on your Xbox 360 like Xbox LIVE Arcade games and TV shows.

Is the "tool" Web-based only on Xbox.com or will there be a console-facing counterpart through Xbox Live?
Right now this tool is just on Xbox.com.

Is the DRM tool capable of fixing all downloadable content issues, from XBLA titles to content downloaded for specific games (something like Rock Band, Guitar Hero music for example) to things like Xbox Live Marketplace videos?
All games and entertainment content can be transferred except movies downloaded from the Xbox LIVE Video Store. Movies can't be transferred because they are only available for rent. But everything else-- TV shows, music videos, Xbox LIVE Arcade games, map packs, etc, can be transferred by using this tool.

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]]>BreakingNewsDRMDRM-toolMarc-WhittenXbox-LiveChristopher Grant2008-06-26T15:08:00+00:00Fix your XBLA DRM mess! Microsoft DRM tool now availablehttp://www.joystiq.com/2008/06/26/fix-your-xbla-drm-mess-microsoft-drm-tool-now-available/http://www.joystiq.com/2008/06/26/fix-your-xbla-drm-mess-microsoft-drm-tool-now-available/http://www.joystiq.com/2008/06/26/fix-your-xbla-drm-mess-microsoft-drm-tool-now-available/#commentsFiled under:


In lieu of your regularly scheduled "Spring" Dashboard update, Microsoft promised to release a DRM tool that would "allow you to better consolidate your licenses for downloaded content to a single Xbox and allow you the freedom to be able to play your content both online and offline." In other words, this is for the sad saps whose Xbox 360 red-ringed, only to have it returned with Xbox Live Arcade titles that required you to be signed into Live to play. Now instead of jumping through a series of customer-service related hoops, this new tool - available immediately at Xbox.com - will allow you to quickly manage that content.

If you're looking for some more info on how the DRM tool works, check out our exclusive Q&A with Microsoft's Marc Whitten, general manager of Xbox Live.

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]]>BreakingNewsDRMDRM-toolMarc-WhittenXBLAXbox-LiveChristopher Grant2008-06-26T15:07:00+00:00PSA: Mass Effect PC still locked at 3 activations, uninstalling won't helphttp://www.joystiq.com/2008/06/17/psa-mass-effect-pc-still-locked-at-3-activations-uninstalling/http://www.joystiq.com/2008/06/17/psa-mass-effect-pc-still-locked-at-3-activations-uninstalling/http://www.joystiq.com/2008/06/17/psa-mass-effect-pc-still-locked-at-3-activations-uninstalling/#commentsFiled under:


When we first reported on EA's reworked DRM scheme for Mass Effect PC - one that removed the onerous 10-day re-validation process but now only allows a maximum of three activations - we teased that we were ready to "pick up our torches and pitchforks and join the mob outside."

Now, a little over a month later, that mob has grown to some considerable size, spurred on by a forum thread on BioWare's site being referenced on consumer-advocacy blog The Consumerist. The problem: some confusion over whether or not uninstalling the game reinstates one of your three activations. After some wrangling (you know how support centers can be) EA confirmed that "unfortunately, you will not gain an activation by uninstalling the game." So, be stingy with those installs, gamers.

Gallery: Mass Effect (PC)


[Via Consumerist; thanks, Eric]

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]]>BioWareDRMEAElectronic-ArtsMass-EffectChristopher Grant2008-06-17T22:31:00+00:00Counting Rupees: Digital Rights Madnesshttp://www.joystiq.com/2008/05/26/counting-rupees-digital-rights-madness/http://www.joystiq.com/2008/05/26/counting-rupees-digital-rights-madness/http://www.joystiq.com/2008/05/26/counting-rupees-digital-rights-madness/#commentsFiled under: ,

Each week Jeff Engel and Geoff Brooks contribute Counting Rupees, a column on the business behind gaming:

When EA announced that Spore and Mass Effect (PC) would have a DRM program that did performed online verification every 10 days, it generated a massive backlash amongst the gaming community. Many people, who were originally excited about Spore and Mass Effect, now claimed that they would not purchase the games, solely because of the DRM. To be honest, I'm no fan of DRM either. It basically treats all legal customers as potential criminals, and seems futile anyway, as anyone with an internet connection can typically find ways around the DRM. The only people it probably deters are those with little technical savvy and who just want to share a game they bought with their friends and family. The amount of actual sales that would be lost to this is probably pretty limited. With all that said, I'm glad that EA has backed off this new DRM and scaled it back to just an initial online verification. Given the current state of PC gaming as well as the traditionally more "accepted" versions of DRM (like the initial online verification), however, I didn't find this new DRM to be all THAT much worse, particularly with some slight improvements to it, such as allowing a manual verification and extending the timeframe for re-verification slightly (say, to 30-60 days instead of every 10).

The reason for this has a lot to do with what's been going on with PC gaming in the last few years. While the "death" of PC gaming has been talked about for years, it isn't quite here. The landscape is just shifting. While the total NPD sales for each year has been decreasing, other avenues of making money have been developed. For instance, subscription-based games (mostly MMOs, but also games available on GameTap), cheaper more casual downloadable games (eg, PopCap Games), and even free, ad- or feature-driven games (eg, Dungeon Runners, Battlefield Heroes, Quake Zero) make up an ever increasing portion of PC-based revenue. Thus, the actual retail sales are taken up mostly by a few casual games, MMO starter kits or expansions, and maybe the occasional shooter or RTS game. Take, for example, the most recent NPD PC numbers for the week of May 4-10:

1. The Sims 2 Kitchen & Bath Interior Design Stuff
2. The Sims 2 Double Deluxe
3. World Of Warcraft: Battle Chest
4. The Sims 2: FreeTime
5. World Of Warcraft: Burning Crusade
6. Call Of Duty 4: Modern Warfare
7. World Of Warcraft
8. Sins Of A Solar Empire
9. Hoyle Card Games 2008
10. Warcraft III Battle Chest

Seven of the top ten games on the list could probably be classified as either "casual" or as an MMO. The other thre games include an FPS that's also available on consoles (and sold far more on them), an old RTS associated with the extremely popular World of Warcraft, and a new, positively reviewed RTS. While FPS and RTS games will probably always maintain some popularity on the PC, particularly when hugely popular developers like Valve and Blizzard continue to make them, the MMOs and casual games have begun to dominate the PC arena. Outside of The Sims, which will continue to do well (and basically uses several retail expansion packs as its "subscription" model), it seems like most PC gaming requires some kind of online component now. That's not to say that every game has some sort of multiplayer component to it, but playing an MMO, browsing over to Desktop Tower Defense, or maybe just downloading the latest game from PopCap Games, all require internet connections.

Which is why, when I saw the newest DRM-scheme, it didn't seem like such a massive extra burden to me. When a publisher's game doesn't have a centralized multiplayer component that could help prevent piracy (like an MMO), it's bound to try and find a scheme that reduces it as much as possible. In an ever-increasingly online, connected world that can support 10 million WoW players (as well as players of other MMOs), it probably just seemed like it made sense to use that online component to try and keep people honest for their own more single-player oriented games. Sure, there is going to be a subset of people that probably couldn't play the game without a hassle, but for the seeming majority of the current PC gaming public, it probably wouldn't be that much bigger of a deal than, say, Steam having to register and unlock my retail copy of The Orange Box. That being said, the less obtrusive and more transparent DRM is to the end user, the happier I'll be.

As co-editors of A Link To The Future, Geoff and Jeff like to discuss, among many other topics, the business aspects of gaming. Game companies often make decisions that on their face appear baffling, or even infuriating, to many gamers. Yet when you think hard about them from the company's perspective, many other decisions are eminently sensible, or at least appeared to be so based on the conditions at the time those choices were made. Our goal with this column is to start a conversation about just those topics. While neither Geoff nor Jeff are employed in the game industry, they do have professional backgrounds that are relevant to the discussion. More to the point, they don't claim to have all the answers -- but this is a conversation worth having. You can reach them at

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]]>Counting-RupeesDRMjoystiqfeaturesMass-EffectSporeJeff Engel2008-05-26T20:30:00+00:00Xbox.com 'tool' to fix XBLA DRM fiasco next monthhttp://www.joystiq.com/2008/05/22/xbox-com-tool-to-fix-xbla-drm-fiasco-next-month/http://www.joystiq.com/2008/05/22/xbox-com-tool-to-fix-xbla-drm-fiasco-next-month/http://www.joystiq.com/2008/05/22/xbox-com-tool-to-fix-xbla-drm-fiasco-next-month/#commentsFiled under:


After literally years of skirting around the problem, Microsoft is finally ready to properly address the DRM-issues that have plagued their Xbox Live Arcade service since 2005, and were only exacerbated by the RROD epidemic. In a jam-packed interview with Next-Gen, Microsoft's Marc Whitten says that, while there won't be a traditional "Spring" Dashboard update, "the team will be releasing a new digital rights management (DRM) tool next month that will allow you to better consolidate your licenses for downloaded content to a single Xbox and allow you the freedom to be able to play your content both online and offline." Well, that's all well and good, but what's that mean for Joe Gamer?

If you've had your Xbox 360 replaced, or if you've upgraded to an Elite and used the inelegant Xbox 360 Hard Drive Transfer Kit, you may have found yourself with a handful of XBLA games that were tied solely to your gamertag and not to your console. That meant you couldn't play them offline or on another account tied to your system. This new tool purportedly solves this dilemma by giving consumers much finer control over the content they've purchased (go figure!).

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]]>BreakingNewsDRMMarc-WhittenMicrosoftXBLAChristopher Grant2008-05-22T17:21:00+00:00BioWare drops 10-day validation from Mass Effect PChttp://www.joystiq.com/2008/05/10/bioware-drops-10-day-valdiation-from-mass-effect-pc/http://www.joystiq.com/2008/05/10/bioware-drops-10-day-valdiation-from-mass-effect-pc/http://www.joystiq.com/2008/05/10/bioware-drops-10-day-valdiation-from-mass-effect-pc/#commentsFiled under: , , ,


After stirring up a hornets' nest of gamer contempt last week by announcing that the forthcoming PC flavor of Mass Effect would require re-validation every 10 days, BioWare community manager Jay Watamaniuk has come forward as the voice of reason on the game's official forums, stating that the developer has now removed the "feature" from the game.

Instead of employing the previously revealed DRM madness, Watamaniuk explained that Mass Effect will include just a one time online authentication, allowing players to play the game once validated without the disc in the drive at all. That said, if any new content is downloaded, the game will again have to bite the disc to make sure it's real. The caveat to all of this, however, is that each Mass Effect purchase will only be able to be installed a maximum of three times, news that has again incited us to pick up our torches and pitchforks and join the mob outside.

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]]>biowaredrmeaelectronic-artselectronicartsmass-effectmasseffectsecuromJason Dobson2008-05-10T09:25:00+00:00Spore, Mass Effect to require online validation every 10 dayshttp://www.joystiq.com/2008/05/07/spore-mass-effect-to-require-online-validation-every-10-days/http://www.joystiq.com/2008/05/07/spore-mass-effect-to-require-online-validation-every-10-days/http://www.joystiq.com/2008/05/07/spore-mass-effect-to-require-online-validation-every-10-days/#commentsFiled under: ,

BioWare technical producer Derek French lit up the Mass Effect forums this past week announcing that both their game and (on page 2) fellow Electronic Arts title Spore come with SecuROM, a DRM system that requires activation the first time you play the game and then a re-check every ten days, with the first check on the fifth day.

French explained that there is no external program installed and the check will be run through MassEffect.exe (or Spore.exe, presumably), the data transfered will be the CD key and a "unique machine identifier of some type" and that he has been told, "there will be clear labeling on the package."

Despite all these reassurances, an unfortunate scenario brought up by one poster -- of ignoring the game 11 days and then trying to play with no internet -- was proven true, as French confirmed you wouldn't be able to play the game under that situation. Of course, it's not like you're gonna put any of these games down for ten days, right? Right? Eh, we hate DRM.

(Note: We do understand the irony of making a Samara/The Ring joke when -- spoiler -- her primary goal was to have people make as many copies as possible.)

[Via Shacknews]

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]]>biowaredrmeaelectronic-artsmass-effectsecuromsporeRoss Miller2008-05-07T14:00:00+00:00Sony prohibits sharing of downloadable Warhawkhttp://www.joystiq.com/2007/08/28/sony-prohibits-sharing-of-downloadable-warhawk/http://www.joystiq.com/2007/08/28/sony-prohibits-sharing-of-downloadable-warhawk/http://www.joystiq.com/2007/08/28/sony-prohibits-sharing-of-downloadable-warhawk/#commentsFiled under: , , ,

no sharingThere's always been a catch when sharing downloadable PSN games: If it's an online multiplayer title, only one PSN account can use a particular license at any one time, though the license can be shared with any number of accounts across five consoles (so, you purchase and download the game, and then four of your friends can download the game for free onto their consoles using your account, but play using their own accounts). With nothing said leading up to its release, no one expected the rule to be changed for Warhawk, but it has been.

It's not that Sony has lifted the limitation, but rather, Sony has reinforced it further. Each Warhawk license is tethered to one PSN account, the purchaser, and while the game can be installed on up to five consoles using that account (and only that account for playing), a single Warhawk license cannot be used on more than one console within a single day.

The rule change isn't unprecedented, but Sony could have been more transparent about its intentions ever since Warhawk was transformed into a downloadable multiplayer game (also available on Blu-ray). With undisclosed millions likely burned on a disastrous development cycle, during which a potential triple A single-player game was completely trashed, it's understandable that Sony wants to charge $40 to each and every PSN account holder that plays the downloadable version of Warhawk. Next time, just let us know the deal before release day, okay?

Here's the official fine print: "One time fee for download or use solely by the purchasing PSN account on up to five PS3 units, with no more than one activated PS3 unit within a 24 hour period. Content may not be used by any other account."

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]]>drmpsnwarhawkJames Ransom-Wiley2007-08-28T11:15:00+00:00