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Sony May Try To Stop PS3 Game Resales

Next Generation reports on Sony's hopes that it will be able to prevent the resale of PS3 games. The article argues that it is unlikely they'll succeed in this goal. From the article: "One expert in retail law told Next-Gen.Biz, 'Sony can theoretically sell a license to play the game, but the user would have to acknowledge acceptance of the license. You've seen this when you install software on a PC. I'm not sure that the license agreement is enforceable if the licensee doesn't agree to it. Also, even if the agreement is enforceable, it's hard to preclude subsequent sale of the disc. The consumer could theoretically agree that he doesn't own the right to transfer his license, but why couldn't he sell the medium that held the license (the disc)? Sony can't enforce the agreement against a third party, as it lacks privity with the third party.'"

423 comments

  1. I lost count by Roody+Blashes · · Score: 5, Insightful

    How many reasons do I now have to not buy a PS3?

    --
    If you haven't foed me yet, what are you waiting for?
    1. Re:I lost count by narrowhouse · · Score: 5, Insightful

      I am not even a big gamer, but back when it looked like Sony planned on shipping the PS3 with Linux installed, at $399 a pop, I thought I might get one just to have a blu-ray player and a linux machine running on a cell processor. Since then Sony:

      1- installed a root kit on my In-laws machine through a Neil Diamond CD
      2- increased the price dramatically
      3- announced that they would like to uni-laterally revoke my right to resell items I purchase.
      4- generally bone headed their way through every press conference they have had without apologizing directly for any of their bad behavior.

      so I don't have an exact count of reasons, but I know the sum == enough.

      --


      Insert pithy comment here.
    2. Re:I lost count by Cheapy · · Score: 3, Funny

      Subtract the cost of the Wii from the cost of the PS3, and that's the number of reasons you have to not buy the PS3.

      --
      Would you kindly mod me +1 insightful?
    3. Re:I lost count by Theaetetus · · Score: 5, Informative
      3- announced that they would like to uni-laterally revoke my right to resell items I purchase.

      They did? When?

      (hint: never. This is an anonymously-sourced story, which Sony denied the first time it came up... two years ago)

    4. Re:I lost count by rwven · · Score: 1

      Why can't you just sell your license to someone else? You license windows and if you sell someone your computer you effectively sell them your license to windows with it...

      This probably isn't going to stop anything...

    5. Re:I lost count by Just+Some+Guy · · Score: 5, Funny
      1- installed a root kit on my In-laws machine through a Neil Diamond CD

      The rootkit I can tolerate; we all have the occasional judgment lapse, right? But making your in-laws buy Neil Diamond... that, well, some things you just can't condone.

      --
      Dewey, what part of this looks like authorities should be involved?
    6. Re:I lost count by aborchers · · Score: 3, Funny
      1- installed a root kit on my In-laws machine through a Neil Diamond CD


      Yeah, yeah, your in-laws. That's kind of like those old "My friend" stories...

      --
      Trouble making decisions? Just flip for it.
    7. Re:I lost count by Yahweh+Doesn't+Exist · · Score: 3, Interesting

      >- Image Constraint Token will keep me from watching HD movies in HD (no evidence this will happen)

      hahahhahahahahahahaaaaa yeah right, Sony went to the trouble of implementing DRM and restrictions just so they could NOT use them. seems like YOU need to grow up and get a grip on reality. it has been admitted that the only reason the token will not be used ON LAUNCH TITLES is to help with adoption. once market share has been gained they will go back on their word so fast even we-promise-prices-will-come-down-CD-manufacturers' heads will spin.

    8. Re:I lost count by krotkruton · · Score: 4, Funny

      Wow do I agree. I got over the high price and have been trying to look past the rootkit fiasco since Sony-BMG is *technically* a different part of Sony, but this move is just taking things too far. All that's left is to station Sony employee's in every store that sells a PS3 so they can kick you in the ass after you purchase one.

    9. Re:I lost count by Golias · · Score: 4, Funny

      Hey, go easy. If I bought a Neil Diamond CD, I wouldn't want to admit it either.

      --

      Information wants to be anthropomorphized.

    10. Re:I lost count by SuperKendall · · Score: 2, Informative

      hahahhahahahahahahaaaaa yeah right, Sony went to the trouble of implementing DRM and restrictions just so they could NOT use them.

      No, the Movie industry AS A WHOLE developed this idea - which both Blu-Ray and HD-DVD support.

      What has happened is that they guys actually building consumer products realised there are something like eighteen people on the entire planet who even HAVE HDMI ready stuff. So potential sales would have been in the tens rather than tens of millions if products actually supported it - which is why Sony and other companies are all backing off an idea that seemed great five years ago when people were all sitting around a conference room dreaming up ways for consumers to not be able to watch stuff they bought.

      If people do not buy HDMI equipment but they do buy Blu-Ray movies, then companies will simply never be able to turn this flag on. If you wish to fight DRM buy a $500 PS3 and send a clear message about what you want.

      --
      "There is more worth loving than we have strength to love." - Brian Jay Stanley
    11. Re:I lost count by soft_guy · · Score: 1

      I still use my Atari 2600, the ORIGINAL console

      It might be your original console, but the Fairchild Channel F came out before the 2600 and was the first cartridge based home video game console.

      --
      Avoid Missing Ball for High Score
    12. Re:I lost count by Kohath · · Score: 1

      It might be your original console, but the Fairchild Channel F came out before the 2600 and was the first cartridge based home video game console.

      All the rest copied it!!!!! The Fairchild Channel F is THE ORIGINAL console. Why can't every other company come out with an original product instead of just stealing Fairchild's ideas?

      I have to go now, my candle is almost burned out. No 'lectric lights for me. Fire is THE ORIGINAL artificial light.

    13. Re:I lost count by rainman_bc · · Score: 1

      Seeing as though cartridge based wasn't part of the oringinal comment I counter that Pong was THE first console, released before the Fairchild Channel F.

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    14. Re:I lost count by Anonymous Coward · · Score: 0

      Real reasons not to buy a PS3:

      - Sony will bumfuckedly attempt to keep games from being resold in an attempt to boost profits
      - Image Constraint Token will overrule your wants in the name of Sony's profits
      - Sony installed a rootkit on my PC (Sony is Sony, divisions all have to report to the same soul-sucking profit-mongers at the top)
      - I hate Sony. No, not really, I'm just unimpressed with their product.
      - They copied the Wii, POORLY.
      - They overhype stuff, and while I would "buy the product, not the hype", the product is ass.
      - Blu-ray has DRM and is an affront to my freedom. Freedom is better than Blu-ray.
      - They attract fanboys like you that say retarded things to rile me up (grow up)
      - They make craptastic games like SWG and n00bs whine about it (they need to grow up too)

      Buy it if it does what you want. Don't if it doesn't. If you don't know yet, wait and see. But there's no such thing as "rational consumers". Consumers consume irrationally. Customers are a dying breed because they're consistently denied good service, even when they pay for it.

      In case you hadn't noticed, you're part of the problem. Get a new attitude and remove yourself from the consumerist mire you're in.

    15. Re:I lost count by xero314 · · Score: 1
      Certainly the PS# is not for everyone, but for someone like me it is certainly the best choice.

      I...
      1. Already Own a HD TV.
      2. Do not purchase second hand products (I prefer the artist, producers and manufacturers to be paid for my purchases)
      3. Support independant and local musicians (I was totally uneffected by the root kit issues, and I own only mac so was immune anyway)
      4. Prefer the franchises and original games that apear on Sony Consoles.
      5. Support a change in antiquated computer architecture.
      6. Don't want to pay monthly to play a game.
      7. Already have a fair library of PS and PS2 games (no if only it would play my Genesis games).
      8. Could use a linux box (I am developer).

      If the games are there I will probably own a Wii as well, but so far I can't see any reason not to buy a PS3.

      And just so I have said it, be expecting a last minute price reduction announcement by Sony.
    16. Re:I lost count by CharAznable · · Score: 1

      "Sony installed a rootkit on my PC (wrong Sony, you're thinking of Sony-BMG)"

      Close enough for me.

      --
      The perfect sig is a lot like silence, only louder
    17. Re:I lost count by thatguywhoiam · · Score: 1
      Imaginary reasons not to buy a PS3:

      Nice post. You forgot one:

      - Zonk doesn't like Sony very much, can't help expressing this in repeated articles

      (Although that is not imaginary.)

      --
      If Jesus wants me it knows where to find me.
    18. Re:I lost count by tadd · · Score: 1

      Um, not to mention the fact that there are (in the US) court precidents explicitly saying you CAN resell software, music, game discs, etc (can't recall the cases but I can look them up if you want citations)

      --
      [what?]
    19. Re:I lost count by Anonymous Coward · · Score: 3, Interesting

      I'm sure that Sony representatives have said something similar in New Zealand. I definitely remember last year when they publicly repeated at least three times that people aren't allowed to legally copy music to mp3 players or make copies of tv programs and the like.

      Even though New Zealand doesn't yet have these rights explicitly defined as fair use, it still came across as somewhat hypocritical from a company pushing their VCR players, mp3 players, minidisc players and computers in our national market.

      So.... is that close enough? Sony trying to tell us we aren't allowed fair use rights, while still trying to sell us products designed explicitly for that purpose?

    20. Re:I lost count by Anonymous Coward · · Score: 0

      Your check from SOny Corp. is in the mail.

    21. Re:I lost count by mrscorpio · · Score: 4, Insightful

      You mean like the precidents allowing people to make copies of stuff they legally own (e.g. DVD to VHS)?

    22. Re:I lost count by TheBlackSwordsman · · Score: 2, Informative
      It depends on if you mean real ones or imaginary ones.


      Here are two "real" reasons for you.

      1. $599 price tag. Unless you want the crippled, 20gb HDD version for $500 which isn't a whole lot easier on the wallet.

      2. Sony's smarmy, arrogant "you'll buy it just because it's a Sony" attitude. I'd purposely not buy a PS3 out of spite.


      Speaking of smarmy and arrogant, when Kaz Hirai stands up there at E3 and denounces "gimmicks" as a jab at Nintendo, then proceeds to show off a new EyeToy game, the ability to use the PSP as a rear-view mirror in racing games and a dualshock controller with a gyroscope, it smacks of hypocrisy and turns off everyone but the most die-hard of Sony fanboys.


      There are plenty of "real" reasons to not buy a PS3. Heck, I didn't even mention the fact that I have no use for a Blu-Ray player; therefore, why should I pay extra for one? But really, the outrageous price tag is the only reason most people need to say "Uh, no thanks" to the PS3.

    23. Re:I lost count by oGMo · · Score: 2, Informative
      - They overhype stuff

      Yeah, and Nintendo (or Microsoft) would neeever build a hype campaign...

      --

      Don't think of it as a flame---it's more like an argument that does 3d6 fire damage

    24. Re:I lost count by Chosen+Reject · · Score: 0, Redundant
      You almost got it.

      (Reasons not buy PS3) = ((Cost of PS3) - (Cost of Wii) / (Cost of Wii games))

      --
      Stop Global Warming!
      Just say no to irreversible processes!
    25. Re:I lost count by honkycat · · Score: 1

      Because the license will be non-transferable. There's little question that non-transferable licenses are legal. The question is whether that license can contain an enforceable term that bars the licensee from re-selling the medium that it came on.

    26. Re:I lost count by HTTP+Error+403+403.9 · · Score: 3, Funny
      1- installed a root kit on my In-laws machine through a Neil Diamond CD
      Root kit and Neil Diamond! That's like kicking someone in the balls with a flaming boot.
      --
      I'm not a Troll, it's reverse psychology.
    27. Re:I lost count by Chosen+Reject · · Score: 2, Insightful

      Wow, S&M. They really are after the hardcore.

      --
      Stop Global Warming!
      Just say no to irreversible processes!
    28. Re:I lost count by Fulcrum+of+Evil · · Score: 4, Insightful

      Do not purchase second hand products (I prefer the artist, producers and manufacturers to be paid for my purchases)

      Um, why? It isn't like secondhand goods are black market - Sony already got paid the first time, and trading used goods is a good way to save money. Why are you so intent in giving Sony your money?

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    29. Re:I lost count by modecx · · Score: 1

      Points, in order:
      1) Yeah, you're probably right, else Sony is more boneheaded than I ever gave them credit for.
      2) They developed ICT as part of the BlueRay spec. Sony themselves have said that movies they produce won't be inhibited by it (but there's no guarantee this will be the case indefinitely). Nevertheless, it is there, and it *WILL* work on discs that were produced by other companies, if they so chose to implement it. Warner Brothers and Paramount will likely be using ICT on their discs, for a start.
      3) Saying Sony-BMG isn't part and parcel of Sony is like saying the Pentagon isn't the home of the Defense Department. Sony-BMG has influence over every other part of Sony, and vise-versa. Saying that the left hand doesn't know what the right is doing in regards to Sony, well, it reflects a certain level disingenuousness, because most other evidence would seem to indicate otherwise.
      4) Mu
      5) Moo
      6) Agree, but if the hype is generated by Sony itself, the product should aught to live up to expectations.
      7) Yeah
      8) I think this is generally thought to be the cause of #4. Arrogance doesn't buy allies.
      9) Ditto.

      --
      Constitutional rights may be respected, repealed, or modified; but they must never be ignored.
    30. Re:I lost count by DrEldarion · · Score: 2, Funny

      Yeah! And for that matter I'm never going to consider buying a Mitsubishi TV because Mitsubishi made bomber planes for the Japanese in WWII!

    31. Re:I lost count by narrowhouse · · Score: 1
      I hope you are right, I have seen several stories in this vein and I hope they are all based on lies and innuendo. I overstated based on quotes like this:
      "Sony stated at the time that the aim is to protect itself from counterfeit software, but were aware that the same technology would also prevent the re-sale of used games."
      or this:
      "However retail sources have revealed to GamesRadar that "high street games shops have been told by Sony that there will be no PS3 pre-owned sections in their stores as it will be illegal for customers to sell any next-gen PlayStation games that they've bought"
      (source: http://itvibe.com/news/4063/ )

      These look pretty damning, but you are correct that they are not statements directly from Sony. I stand corrected.
      --


      Insert pithy comment here.
    32. Re:I lost count by Yahweh+Doesn't+Exist · · Score: 0, Offtopic

      er, no, get a clue. HE was the one suggesting people grow up. I was telling him to take his own advice but reserved all rights to not do the same. so screw you muhahahahahahahahahaaaaaaaaaaaaaaaaa!!!!!!

    33. Re:I lost count by Anonymous Coward · · Score: 0

      So tell me, how much is Microsoft paying you to accuse innocent people of being in the employ of Sony?

    34. Re:I lost count by Suzumushi · · Score: 2, Insightful

      The world needs people like you, who pay full price for burgeoning technology, so that the rest of us can enjoy it at reasonable prices once it has been fully adopted. I for one applaud you and will enjoy the benefits your dollars reep for me.

    35. Re:I lost count by Kohath · · Score: 1
      Sony's smarmy, arrogant "you'll buy it just because it's a Sony" attitude

      That's not what they said. They said they'd sell the first 5 million that way. They didn't say YOU would buy it. Exact quote:

      We have built up a certain brand equity over time since the launch of PlayStation in 1995 and PS2 in 2000 that the first five million are going to buy it, whatever it is, even it didn't have games.

      Are you seriously saying this is incorrect? The online consensus seems to be that this is an accurate statement.
    36. Re:I lost count by MightyMartian · · Score: 1
      I just gotta ask:

      What the fuck is wrong with Sony? I mean, were these guys all spawned in hell? Did their fathers abuse them and their mothers rape them? What could produce such outrageous, mean-spirited individuals?

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    37. Re:I lost count by blincoln · · Score: 1

      Seeing as though cartridge based wasn't part of the oringinal comment I counter that Pong was THE first console, released before the Fairchild Channel F.

      Even in terms of cartridge-based systems, the Magnavox Odyssey came first, although its cartridges were more like fancy ways of setting DIP switches.

      --
      "...always new atoms but always doing the same dance, remembering what the dance was yesterday." -Richard Feynman
    38. Re:I lost count by blincoln · · Score: 1

      Um, why? It isn't like secondhand goods are black market - Sony already got paid the first time, and trading used goods is a good way to save money. Why are you so intent in giving Sony your money?

      For media, I always buy new as well. I tend to like games/movies/music that aren't wildly popular, where the future production of them depends on how many new copies are sold. Eidos, for example, doesn't care if a Legacy of Kain game are sold used a billion times, because they don't see a dime of it.

      Furthermore:

      - I hate getting used CDs/DVDs and finding out they're scratched or otherwise have problems.
      and
      - I refuse to contribute to the strategy of e.g. EB/Gamestop/Blockbuster, where they buy something used and then turn around and sell it for much more. If I *have* to buy something used, it's always from an individual.

      --
      "...always new atoms but always doing the same dance, remembering what the dance was yesterday." -Richard Feynman
    39. Re:I lost count by Fulcrum+of+Evil · · Score: 1

      I refuse to contribute to the strategy of e.g. EB/Gamestop/Blockbuster, where they buy something used and then turn around and sell it for much more. If I *have* to buy something used, it's always from an individual.

      Um, this is the basic strategy of any secondhand shop. It isn't immoral, it's just a business.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    40. Re:I lost count by flimflammer · · Score: 1, Troll

      Once a Nazi, always a Nazi.

    41. Re:I lost count by flimflammer · · Score: 1

      Sony said that the moveies they produce won't be inhibited by it [i]now[/i]. They left the door cracked so it can sneak inside in the future.

    42. Re:I lost count by senatorpjt · · Score: 4, Insightful

      Sony, you're thinking of Sony-BMG

      Isn't that kind of like saying "I didn't kill the guy. It was the bullet's fault."

    43. Re:I lost count by MrSquirrel · · Score: 0

      A short and not-fully-truthful answer: power corrupts -- absolute power corrupts absolutely. Sony seems to have gotten on a VERY VERY tall high-horse from the dominance of Playstation 1 and Playstation 2. Keep in mind their profits have been INCREASING even when they don't care about the consumer (DRM rootkits, faulty PS2 drives [back in the day -- it happened to me and I was pissed, Sony refused to do anything about it, then they got a class-action against 'em and repaired all the problems for free [but provided no compensation for the months I went without the ability to use the product I paid $300 for]], and telling consumers "We don't care that the launch games are shit, you WILL buy our product" [they could at least lie and say "oh, these launch games are GREAT!"]). I was at first excited about the PS3, but my glee has been forcefully torn away by the things Sony is doing.

      --
      A computer once beat me at chess, but it was no match for me at kick boxing.
    44. Re:I lost count by Anonymous Coward · · Score: 0

      I just gotta ask:

      What the fuck is wrong with Slashbots? I mean, were these guys all spawned in hell? Did their fathers abuse them and their mothers rape them? What could produce such outrageous, mean-spirited individuals?

    45. Re:I lost count by Anonymous Coward · · Score: 0

      Don't know about you but I have 599 reasons not to, I don't really need any more.

    46. Re:I lost count by Traiklin · · Score: 1

      4- generally bone headed their way through every press conference they have had without apologizing directly for any of their bad behavior.

      Damn, guess that rules out getting a 360 aswell.

    47. Re:I lost count by HardCorePawn · · Score: 2, Interesting
      Heh, I remember that.

      I thought it quite funny as an owner of a NetMD minidisc player that they are quite happy to sell me a product that comes with tools to "formatshift" all my CD music (and any mp3's I happen to have) onto the product and then turn around in the media and say 'nope, you're not allowed to do that'...

      If they tried to sting you for it, could you argue something like entrapment? Could you argue that seeing as they gave you the tools then they are given you implicit permission to commit these acts?

    48. Re:I lost count by Pollardito · · Score: 1

      i love how this same story keeps popping up whenever fanboys need to make a big push for their console-of-choice. when the XBox360 came out this was all over the news, with so little lead time before the consoles came into stores that Sony couldn't possibly get a word in edge-wise before lots of firstmovers had rushed to pre-order their XBox360. now we have E3, and either the XBox fanboys aren't happy with the fact that their system had a lackluster showing of a still sparse selection of games, or the Wii-heads want to promote their current favorite system.

      we've enumerated lots and lots of reasons that Sony would have a very difficult time trying to lock a game to a system (e.g. multi-system homes, replacement systems), and it seems doubtful at best that they'll be able to kill an entire entrenched industry of game resellers by arranging for new laws (remember, this is business fighting business, so Congress doesn't have a built-in favorite). until we hear more details, this is a non-story

    49. Re:I lost count by thedletterman · · Score: 1

      They're not even saying you will buy it because it's a Sony, they're saying you'll buy it because it's a Playstation, and because of the fantastic success of the Playstation, and consumer loyalty, selling the first 5 million consoles would be possible even without any titles available. This was aimed at Microsoft, who is bragging they will have over 100 titles and available for Xbox 360 and over five million 360 consoles sold by the time the PS3 comes out.

      --
      Any fool can criticise, condemn, and complain, and most fools do. - Benjamin Franklin
    50. Re:I lost count by Anonymous Coward · · Score: 0

      The same amount that Nintendo is paying you for accusing inocent folks of being in the employ of Microsoft

    51. Re:I lost count by Firehed · · Score: 1
      So long as it doesn't violate the newer laws that forbids the breaking of copy protection, just like it.

      So, do something that tries to prevent game rentals. Great idea. MANY people buy the console for a couple games knowing they can rent dozens of others. Take that away, and blu-ray isn't going to cut it for an incentive to buy.

      --
      How are sites slashdotted when nobody reads TFAs?
    52. Re:I lost count by jamar0303 · · Score: 1

      They make TVs? On an off-topic note, Mitsubishi makes some of the best cell phones I have used (4-megapixel camera- in a SLIDER form)

      --
      OSx86 FTW
    53. Re:I lost count by Khoa · · Score: 1

      But making your in-laws buy Neil Diamond... that, well, some things you just can't condone.

      I'm sure it was his "in-laws"'s computer and also "their" Neil Diamond CD...

    54. Re:I lost count by Anonymous Coward · · Score: 1, Interesting

      This story first broke from Sony insiders. True or not, the idea is that the first time you play a game, it "marries" to your particular PS3 by calling Sony over the network port.

      The game would check again each and every time you wanted to play and Sony would auth the game to play -or not- based on this handshake.

      This means three things: 1) if you want to show your buddies your PS3 game, you will need to haul YOUR PS3 over to their place rather than just taking some games and memory cards. 2) If your PS3 ever dies (this is Sony, so the odds are not good) you will probably have a hassle to get your own games relicensed for your replacement machine, assuming Sony will allow it at all. 3) The used market is dead. This is Sony's main goal since they resent the fuck out of EB Games and the other stores making all that cash reselling used games. Sony is hungry for money.

      Sony really died at E3 2006. They just don't know it yet.

    55. Re:I lost count by modecx · · Score: 1

      Sony said that the moveies they produce won't be inhibited by it [i]now[/i]. They left the door cracked so it can sneak inside in the future.

      Right, that's pretty much what I meant by (but there's no guarantee this will be the case indefinitely)...

      --
      Constitutional rights may be respected, repealed, or modified; but they must never be ignored.
    56. Re:I lost count by arminw · · Score: 1

      .....as it will be illegal for customers to sell any next-gen PlayStation games that they've bought".....

      Since when have laws EVER stopped people from doing what they want to do, especially if those laws are only made for the fat cats with lots of money who have managed to bribe some politicians? All these 'agreements' and 'licenses' are not worth the electricity it takes to project them onto a screen and are not practical to enforce. If I have physical possession of an otherwise legal product, I have the right to sell that and there will never be an enforceable law that will prevent this.

      --
      All theory is gray
    57. Re:I lost count by Prothonotar · · Score: 1
      According to a UK news source, citing retail contacts...
      Nothing like reliable, anonymous, 3rd person accounts of rumors.

      Of course the real question is: will Sony be able to sell the discs in the first place?

      --
      "Every man is a mob, a chain gang of idiots." - Jonathan Nolan, Memento Mori
    58. Re:I lost count by modecx · · Score: 1

      Isn't that kind of like saying "I didn't kill the guy. It was the bullet's fault."

      Even worse, it's like saying, "I didn't beat that guy's face in! It was my fist's fault!"
      Maybe that works if you have Tourettes Syndrome, and the guy was in the wrong place at the right time, or if you're clinically insane or something... But, really...

      --
      Constitutional rights may be respected, repealed, or modified; but they must never be ignored.
    59. Re:I lost count by Anonymous Coward · · Score: 0

      Am I the only one here not getting paid??? How do I get in on this!!

      By the way: I'm with the Government. We're here to help.

    60. Re:I lost count by xero314 · · Score: 1

      This is where things get interesting. I won't write off all reselling as immoral. Most people do not consider reselling a used DVD as immoral. But on the other hand most people would consider reusing (with or without reselling) a movie theater ticket to get into a movie twice would be immoral. When purchasing a used product, you are, in most cases, receiving the benifit of the product without any compensation given to the people who worked hard to produce the product. I would have no problem with second hand purchases if royalties where to paid to makers. Personally I find reselling used artistic products, items with unlimited usage, to be theft (Reselling your half used pack of tic tacs doesn't bother me).

      No I am not an artist or a musician or even a manufacturer. The only benefit I get out of supporting original purchases, is the hope that the money will allow those that I support to create more and better products.

    61. Re:I lost count by Mikya · · Score: 1

      Personally I find reselling used artistic products, items with unlimited usage, to be theft (Reselling your half used pack of tic tacs doesn't bother me).

      Why should it matter whether something has unlimited useage or not? By your logic it seems the reselling of the tic tacs should be theft as well. In either case the manufacturer of the product is denied the sale that would have occured had you not been there to provide the used good to the buyer.

    62. Re:I lost count by Zhe+Mappel · · Score: 1

      Not so fast. Years of Windoze problems haven't been blamed on the X-Box, now, have they? Many of us wouldn't depend on Microsoft for our daily operating system, but are quite happy to play on the X-Box.

    63. Re:I lost count by Fulcrum+of+Evil · · Score: 2, Insightful

      Most people do not consider reselling a used DVD as immoral.

      DVDs are a product.

      But on the other hand most people would consider reusing (with or without reselling) a movie theater ticket to get into a movie twice would be immoral.

      Movie theatres are a service.

      When purchasing a used product, you are, in most cases, receiving the benifit of the product without any compensation given to the people who worked hard to produce the product.

      Why is that? They don't work any harder, and they don't actually have a right to be compensated every time someone uses what they made. Do you have some sort of problem with buying a used car without giving the manufacturer a cut?

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    64. Re:I lost count by xero314 · · Score: 1

      By your logic it seems the reselling of the tic tacs should be theft as well. In either case the manufacturer of the product is denied the sale that would have occured had you not been there to provide the used good to the buyer.

      By logic, my or otherwise, you happen to be incorrect. The reason there is a difference in the intended use. For products like food they are intended for a single use. A turkey is not sold for the intent of being used by a single person. Also there is no third party benifiting from someone elses work. In the case of the tic tacs, unless you have found someone to pay more than the original value, the worse thing that is happening here is two people purchased half amounts. An Automobile, a peice of clothing, a house, they all have limited usage. Software, music and other artistic works wich are observed and not consumed have no limited usage. Therefor there has to be some other reasonable exceptable usage. Most people don't find the rules against public presentations to be unreasonable, such as renting a movie and charging people to come see it, but this is in effect what you are facilitating my selling used works with unlimited usage. This is why rental companies pay royalties on works they rent (yes there is a royalty paid for each time netflix sends out a dvd).

      It has been said for many years that the cost of software is as high as it is because of the lost sales due to copying and used sales. You can choice to not beleive that, but from where I sit I can't see how those things do not ultimately effect the bottom line.

      Personally I have seen enough great artists fail, I just don't want to be facilitating that failure. If I do by a used product, it is because there is no other choice, and I try to make sure the artist is compensated (though this does leave out those that helped get that work of art out to the public).

    65. Re:I lost count by freedom_india · · Score: 0, Offtopic
      precidents

      It's precedents.

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    66. Re:I lost count by porcupine8 · · Score: 1

      So, if people weren't allowed to resell their items (or even give them away used, as that would be like handing your movie ticket to someone else to free to reuse), what then? Every item everywhere winds up in the trash after the first owner gets tired of it? That sounds like an absolutely horrible idea to me - like we don't have enough crap in our landfills already.

      --
      Warning: Apple/Nintendo fangirl. Likes her electronics cute & cuddly. May be rabid.
    67. Re:I lost count by Anonymous Coward · · Score: 0

      Have we really become that frustrated about the delay in PS3 that now we all hate it? Sony is evil?

      Come on guys, they deliver and we all know it.

      Sony are masters at building innovative technology that doesn't need constant upgrading, they build tweaks and hacks into products that even the designers can't figure out the point of. Look at the PS2 and how its survived, its 98-99 technology and still commands a fairly good game with eyetoy, mat controllers, headsets and voice rec?.

      Look at their under utilised PSP console, wifi, USB-on-the-go.. Developers now have the Sony GPS units to play with, whats happening there?

      What will the combination of PSP and PS3 look like? PSP virtual controller? Maybe PS3 will detail the world engine and a group of mates playing through their PSP's? PSP's linking in virtual music creation? What will Sony do regarding the internet?

      To be honest, I think the battle for next-gen gaming will be fought between Nintendo and Sony. The Wii has some extremely cool concepts and thats what it takes to be a leader - not the "Me too, I've just released V2 with a bigger Hard disk and faster graphics chip".

    68. Re:I lost count by porcupine8 · · Score: 1

      *shrug* People boycott Kraft because the company that owns them also owns cigarrette brands. It's not really that odd to punish a whole corporation for one subsidiary's bad deeds.

      --
      Warning: Apple/Nintendo fangirl. Likes her electronics cute & cuddly. May be rabid.
    69. Re:I lost count by xero314 · · Score: 1

      DVDs are a product...Movie theatres are a service.

      And this is why the idea of a product is soon to be a thing of the past. More and more products are being converted into services. This was seen comming years ago when leasingof automobiles became more and more popular. This is after all what this thread started from. If sony choses to license games rather than sell them, then more power too them. I support the move. I think in my life time we will see the same for DVDs and Videos. Once Network access becomes so common that most people have it, like running water, we will see physical products for artistic works disappear. Instead of going to the store to purchase something, you will pay a feee to use it for a period of time online.
      What's worse is that at a movie theater you are paying to watch a product (the movie) someone else owns. Do you think theaters should purchase a film and be able to show it as many times as they like with the studio and those involved getting no further benifit? In reality the theater pays a royalty every time the movie is show, based on number of tickets sold even though the movie itself is a product.

      Read my other comments on why a used car is atleast somewhat different than an artistic work with unlimited usage. I will add that I wouldn't mind if Automakers received a royalty from used car resales. By your logic about artist not working any harder when you resell a used work, we might as well make the first sale of any one artistic work fully compensate the artist and the rest of the sales simply cover the cost of replication (after all the artist doesn't have to reproduce the hard work it took to original create each time it is replicated). Since I doubt any one person will pay a million dollars for being the first one to buy a particular CD, I don't see this working out. The current model is that the orignal purchaser pays enough to cover the orignal sale and a certain number of resales. If we are talking about video games it makes the orginal sale around $50 with an expectation of at least one resale, or about $25 per purchaser. If we all purchased new, and free market economy worked, the original cost of video games would drop the about $25 a peice, which is less than many games go for second hand, with the manufacturer droping the sale price over time (as can already be seen in the likes of Sonys Greatest Hits pricing).

      Take away from this what you want. I was only saying that even with all the nay sayers out there the PS3 price model and licensing plan does not negatively impact everyone, and it is actually perfectly suited for some of us.

    70. Re:I lost count by riker1384 · · Score: 0

      First of all, an artist can rent out their work if they want. The shouldn't expect for people to pay as if they're buying something, though.

      Second, buying used art doesn't cheat the employer. If there is a used market for the goods, people will more readily buy them, or pay more, since they may recoup some of the costs later on, or even make money in a few cases.

      Houses are sold and most houses last longer than a paperback book or a record. Collectibles last indefinitely until they're worn or decayed into nothing. You would have us not be able to sell those things, and you would have the masterpieces of the great artists buried in the graves of the first buyers. Overall it is an enormous waste to be destroying any item that isn't used up fast enough for you.

      Copying and redistributing an artist's work against their wishes is wrong. Keeping it or selling it if you've only arranged to reny it for a time is wrong. Selling a work that you've bought isn't. The artist got his royalty already, someone gains the work and you lose it.

    71. Re:I lost count by xero314 · · Score: 1

      Every item everywhere winds up in the trash after the first owner gets tired of it?

      Now that is actually an interesting argument that I would hope the market would handle. First products could be recycleable, sell video games on rewriteables, you can take it to the store and have a new game printed over it reducing distributions cost. Make the products biodegradeable. Sell products virtually (like iTunes).
      Better yet, make products that the original owner will want to reuse. If you couldn't resell your product you would be more likely to buy the ones that you can get the most use out of, there for putting more emphasis on the length and replayablity of games.

      Personally I still have all my PS1 and PS2 games. I own hundreds of CDs, some I rarely listen too. But I don't buy things I'm going to use and throw away if I can avoid it. You can rent (or use the library in the case of books if you are in a country that pays royalties) if you only want to use something once.

      Basically, stop buying crap you won't want a year later and we won't have all this crap in out land fills (which shouldn't actually be a problem since rarely do we actually produce more matter).

    72. Re:I lost count by renegadesx · · Score: 1

      Well i must say, im going to get one. I think the Wii will be better, but think about this So far they estimate to loose AU$300 per console (AU$1000 is the consoles price, you do the math) and they plan to make it back pushing Blu Ray and games. Me? I plan to put Gentoo on it and browse the net looking order more games for my Wii.

      --
      Make SELinux enforcing again!
    73. Re:I lost count by ipfwadm · · Score: 3, Insightful

      Interesting... I am an artist, and I find your position entirely foreign and incomprehensible. Let's look at a couple scenarios:

      Scenario 1: Person (a) buys a photograph from me for $100. Five years from now, he sells it to person (b) for $100, who also keeps it for five years.

      Scenario 2: Person (c) buys a photograph from me for $100 and keeps it for ten years.

      At the end of these ten years, in both scenarios there has been a net transaction value of $100. All $100 of this is in my pocket. Also in both scenarios, only one of my photographs has left my hands (I did not lose a second photograph when the first was sold, nor did a second come into being). In both scenarios my photograph has gotten ten years of use. The only difference is that in the first scenario this use was split between two people, whereas in the second it was a single person. So how is this anything like theft? The only way I lose out is if person (a) sells to person (b) for a (inflation-adjusted) profit. But this is generally unlikely during an artist's lifetime, and would basically never happen with mass-produced works such as CDs, DVDs, and games.

      You may argue that person (a) selling to person (b) cost me a sale because person (b) did not buy directly from me. But maybe I raised my prices when person (b) decided to buy, and he didn't like my higher prices. Maybe person (a) actually sold it for a loss, and person (b) was unwilling to pay the full $100. There are a number of reasons why person (b) may never have been a potential sale. Further, person (a) may not have been willing to buy in the first place if there was no secondary market.

      The only way you could argue it's theft is if the original purchaser has gotten "full use" out of a work. But it is impossible to get full use out of an item that has "unlimited usage", as you put it. Say I buy a DVD, for example. I watch it 100 times. I watch it so many times I don't think I could ever watch it again. Have I gotten full use out of it? No, of course not - I could change my mind and watch it 100 more times. Or I could sell it after those initial 100 screenings, and the purchaser could watch it 100 times. Either way, the DVD is getting watched 200 times. The copyright owners didn't lose out by having the secondary purchaser watch it 100 times any more than they lost out by me watching it 100 more times.

      Really what this sounds like, though, is a thinly-veiled desire to do away with "unlimited usage" items entirely and, for example, make DVDs self-destruct after x number of viewings. Because, you know, me getting 400 hours of enjoyment out of a $15 DVD just HAS to be theft.

    74. Re:I lost count by senatorpjt · · Score: 1

      Because the xbox actually works. People are still justafiably skeptical about MS products until they've been proven reliable. Besides, I think the grandparent was talking about some kind of moral objection. If you think microsoft is sufficiently evil, even if only because of Windows, you probably wouldn't buy an xbox whether it worked or not.

    75. Re:I lost count by Anonymous Coward · · Score: 0

      No, it's happening right now with PS3 games. They're pushing for the ability to tie each game to one machine.

    76. Re:I lost count by Kjella · · Score: 2, Insightful

      Yeah, yeah, your in-laws. That's kind of like those old "My friend" stories...

      It's "My friend" class 2 - when you wouldn't even admit to being friends with someone with a Neil Diamond CD. Remember, you can choose your friends but not your relatives (or I guess you could technically choose your in-laws, but it's sort of a package deal).

      --
      Live today, because you never know what tomorrow brings
    77. Re:I lost count by Jussi+K.+Kojootti · · Score: 1
      Personally I find reselling used artistic products, items with unlimited usage, to be theft (Reselling your half used pack of tic tacs doesn't bother me).
      That would hold some water, if the producer of the work didn't know about the resale right... But they do, and they price their product accordingly: The same good without the resale right is worth less. This is exactly similar to DVDs: if I can only watch it once (renting) it's worth less to me than if I can watch it multiple times (buying) -- no-one is cheated, because goods are priced according to value...

      I find it really strange that you've apparently given quite a lot of thought to this, and hadn't thought of this point (or at least didn't explain why you think it doesn't apply).

    78. Re:I lost count by schweinhund · · Score: 1

      >> We will welcome you into the ranks of rational consumers.

      WOW!! I just can't wait to join that elite club.

      You pathetic tool.

    79. Re:I lost count by jt007 · · Score: 1

      True enough _you_ can do whatever you want and only have to worry about the consequences if you get caught. However, if something like this is placed in law then retailers and companies that would have certainly sold pre-owned games will have to reconsider. The legal ramifications of not following this would be too great for them. If this were to happen, that takes a massive marketplace for the re-selling of these games - you, as an individual, would have to find some way of selling the game yourself.

      --
      I never apologise, I'm sorry but that's just the way I am - Homer
    80. Re:I lost count by schweinhund · · Score: 1

      I almost think you are trolling. Do you really mean that someone buying a used vinyl LP is stealing? My family has been in the reselling (consignment) business for years, selling clothes, jewelry, furniture and other items which include... PAINTINGS AND MUSICAL RECORDINGS! Holy Shit! If only we had known we were thieves all this time!

      You're totally out of line without any hope for redemption. Your ideas are completely foolish and anti-consumer. I would wager you must be very wealthy to think this way, probably since a coddled, spoiled upbringing.

      There is absolutely nothing wrong with selling used goods. Under your 'logic', selling antiques would also be construed as theft, since they unarguably have artistic merit to them, especially when compared with modern products.

      Some items are not easily accessible in the hypercorporate millieu you inhabit - vintage items, specialty items, etc. This seems to go without saying. To pick an easy example, your musical tastes must not go back very far in time to be able to understand that you can't get the original 1967 LP version of The Rolling Stones "Their Satanic Majesties Request" with the psychedelic-style lens impressed over the front of the jacket (look it up).

      As for helping to contribute to the artistic process, that's a nearly random factor anyway, and money isn't necessarily going to make it any better (surprise!). For major-label acts (music, games, whatever), they have a lot of money backing them up anyway and they either sink or swim, but if they got that far in the first place they are likely to continue swimming. In regards to independent labels with lesser known artists, they are within a fine margin of either making commercially viable output or more unique output. The choice is up to them, and if they're just in it for the money they'll get what they deserve, good or bad. If they strive mainly for artistic satisfaction, then they can hardly fail. If someone resells one of their works, then maybe they just didn't dig their non-corporate more-unique brand of output, or maybe they just plain sucked.

      Again, I think you must be trolling. I wish I had mod points to mod you as such! Either that, or you are utterly delusional and in need of a strong slap of practical reality to your ridiculous visage.

    81. Re:I lost count by szembek · · Score: 1

      Do you buy your cars brand new too? I always buy games used, unless something is brand new and I can't wait, or bother to search around for a used copy.

      --
      nothing
    82. Re:I lost count by steveo777 · · Score: 1

      If Sony were nice, they'd hand out Vasaline while they raped your wallet...

      --
      This sig isn't original enough, it's time to come up with something witty...
    83. Re:I lost count by GroinWeasel · · Score: 1

      You are a moron.

    84. Re:I lost count by GroinWeasel · · Score: 1

      You really are a moron.

    85. Re:I lost count by arminw · · Score: 1

      .......However, if something like this is placed in law.......

      "IF" of course is the operative word. A new law mandating that no automobile may ever be sold used is also being considered. If fact, in order to stimulate the manufacturing economy, no used merchandise of any kind may be sold or traded. It will work about as well as prohibition did. Do you hear some facetious noises?

      --
      All theory is gray
    86. Re:I lost count by Andrewkov · · Score: 1

      If you don't like the company's policies or way of doing business, just don't buy the product. Simple. Life will go on without video games.

    87. Re:I lost count by Andrewkov · · Score: 1

      But wouldn't it be nice if you could *force* person B to have to buy from you, and double your profits? And prevent either one from making a backup copy of your picture, and make it so it is only compatible with picture frames that will be obsolete in 2 years? Now that is how you run a photography company! :-)

    88. Re:I lost count by Kohath · · Score: 1

      You pathetic tool.

      Tool or not, I'm going to be able to buy what I want based on its value to me.

      Meanwhile, you won't because you're saddled with fear of ICT, or hate of Sony, or belief in some kooky conspiracy theories, or some other irrational emotional handicap. Good luck with that.

      I'd rather be in the rational group.

    89. Re:I lost count by moloko_synthemesc · · Score: 1

      Given all those particular criteria, most of which would be necessary in order for one to seriously consider purchase of the PS3, you have to wonder what percentage of people really qualify.
      I always bought consoles mereley because I wanted to play games. After having to buy more than one PS2 due to the criminally short lifespan 'merely to play games', I no longer see Sony as a realistically viable choice. They've burned a significant number of customers even before any announcement of the PS3. People (those who have to work and pay for everything) tend to remember these sorts of things, given how rare money trees are.

    90. Re:I lost count by CharAznable · · Score: 1

      World War II: 60 years ago. Sony rootkit: a few months ago. That's gotta count for something. That, and the fact that $600 is just way too much for a console.

      --
      The perfect sig is a lot like silence, only louder
    91. Re:I lost count by LordVader717 · · Score: 1

      no-one is cheated, because goods are priced according to value

      That doesn't hold for the kind of masss production in the entertainment industry. There is no real "value" for artistic work, apart from the media it's printed on, which is minimal.

      And the way games and DVDs are enjoyed today means that there is a very short time-based value for the consumer.

      As an extreme characterisation of the problem, imagine this: A DVD retails at $10.00. Person a) buys it, watches it, and sells it to person b) for $8. b) watches and sells to c) for $7 and so on, until it reaches $1.
      This means that the studio would sell 1 DVD, despite having served 10 people.

      Of course, it's not quite that extreme, as most people wouldn't be fussed about selling something for under $5. But some estimates for games put the resale numbers at 30-40% of the market, which is a signifigant number.

      As far as games go, they are practically rented because nobody really wants to play them after the 2nd completion at most.

      So a customer who pays full price isn't getting any more from the game than somebody renting it.

      The Industry can't "price their products accordingly" because higher prices would encourage more resale if anything, and nobody could afford to keep the games they like.

    92. Re:I lost count by LordVader717 · · Score: 1

      There is a fundamental difference between games and say furniture. Furniture is used permanently, as long as somebody needs it to be comfortable.
      Nobody will say "I've sat on that sofa all month, and now I'm boared" and get rid of it.
      Music is similar, as people listen to music over and over, not just once or twice.

      Games are usually the kind of one-use thing, that after you competed it once or twice, you've lost interest. It hasn't got any value to you anymore. So alot of people resell.

      On the other hand, sombody who makes furniture for a living knows that anybody who sells their chair will need to buy another.

      What's made this possible is the mass production and distribution mediums of recent years.
      The main costs aren't in printing the DVD, but in developing the game. After they've finished development, the price of each DVD is insignificant.
      Now they rely soley on the profit made in retail. If only half the people intersted buy it, and the other half buy it from the first half used, they've lost half the market.

    93. Re:I lost count by LordVader717 · · Score: 1

      They may lose money on consoles, but for systems they have already produced, they can only win back their money.
      The way they'd lose the most money is if nobody bought one, and they were left sitting on 10 million consoles that cost them $800 each to produce.

    94. Re:I lost count by CommieOverlord · · Score: 1

      By logic, my or otherwise, you happen to be incorrect. The reason there is a difference in the intended use. For products like food they are intended for a single use

      So when I move I shouldn't sell my coffee table. I mean if somebody buys my used coffee table the original craftsman is losing out on a potential sale! I'll just burn the coffee table instead, so that somebody has to buy a brand new one instead.

      If people start buying used coffee tables the economy will collapse!

    95. Re:I lost count by Fulcrum+of+Evil · · Score: 1

      And this is why the idea of a product is soon to be a thing of the past.

      That's what the RIAA and MPAA want, but don't bet on it.

      More and more products are being converted into services. This was seen comming years ago when leasingof automobiles became more and more popular.

      All leased cars are eventually sold - GM doesn't want to keep its cars and neither does BMW.

      In reality the theater pays a royalty every time the movie is show, based on number of tickets sold even though the movie itself is a product.

      No, a current run movie is a service. IT is then packaged and sold as a product.

      I will add that I wouldn't mind if Automakers received a royalty from used car resales.

      Neither would they, but they don't have any reason to claim it.

      By your logic about artist not working any harder when you resell a used work, we might as well make the first sale of any one artistic work fully compensate the artist and the rest of the sales simply cover the cost of replication (after all the artist doesn't have to reproduce the hard work it took to original create each time it is replicated). Since I doubt any one person will pay a million dollars for being the first one to buy a particular CD, I don't see this working out.

      This is how it worked before copyright. Now, they get a limited monopoly in exchange for releasing it to the PD afterwards.

      The current model is that the orignal purchaser pays enough to cover the orignal sale and a certain number of resales.

      No, that's one business model, and it doesn't cover resales because nobody deserves money from secondary sales.

      with the manufacturer droping the sale price over time (as can already be seen in the likes of Sonys Greatest Hits pricing).

      No, they drop prices over time in order to hit various price points. They don't like the secondary market because it interferes with them making money. They'd outlaw secondhand sales if they could, but they can't.

      I was only saying that even with all the nay sayers out there the PS3 price model and licensing plan does not negatively impact everyone, and it is actually perfectly suited for some of us.

      No, you've been stating that copyright holders deserve money when a product is resold, but haven't backed that up at all.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    96. Re:I lost count by xero314 · · Score: 1

      I wanted to make some summary comments and since the parent poster was the most articulate with their arguments, as aposed to comments such as "you are a morron", I figure I'll post them here. First of All I never once said there should be some law regulating sale of used products. I was merely stating why I don't purchase used artistic works as long as the artist is continuing to make the work available with out providing compensation to the artist. The idea here was not to undermine the current economic structure where original sales are priced to compensate for future resale. Instead I chose to purchase new in the hope that free market economy (the system we supposedly have in the United States) would work out and cause the price of initial sales to be reduced. I had hoped that by doing such we would avoid the future possibility that resale will no longer even be a choice, but rather enforced by licensing of the producers.
      Now that licensing is here, and appears to be to stay, I just don't see it as problematic. It does not effect me negatively.

      Now to address the scenarios laid out by the parent comment.

      Most people, who weren't following this context, would agree that using a product that is available for sale, and not supplied by the creator for free, without paying for it would be considered theft. I know that analogies prove nothing, but I will turn to one for just a momment. If a person walks into a store, takes a product of the shelf and walks out with it without paying they are a theif. If someone else comes along and pays for it does not make the original person any less of a theif.
      The first scenario above discribes a situation where a person gains use of a product while effectively not paying for it and instead passing the cost on to the second person who enjoys the work. "Person (a) buys a photograph from me for $100. Five years from now, he sells it to person (b) for $100, who also keeps it for five years."
      I can say for certain that if I started a service where I purchased the first copy of every artistic work for the standard price and then proceeded to "sell" these originals to others for a small fee with a contract that states it must be resold to me for 1/100th the price I charge after one week, alot of people would be crying foul because of lost royalties. In the end this would be perfectly legal, but I would basically be providing a rental service, reaping all the benifits, and the original artist only sells one copy of the work and receives no compensation for the hundreds or thousands of people that enjoy the work.

      Personally I don't like having to pay for the expected resale. I would rather have the price of original purchase to be reduced. I don't expect others to agree or even see the possibility. All I can do is attempt to educate.

    97. Re:I lost count by xero314 · · Score: 1

      Read my original post please. All I stated was that the PS3 is actually the best choice for my life style and personality. Some people were curious to get more details about why I chose to not purchase second hand. I chose to spend some limited time in supplying some food for thought on the subject. I was not actually trying to back up anything, since this is just personal preference. I chose to beleive that people should be compensated when someone recieves the benefit of their work. I chose to keep the creative people who's works I enjoy, feed, clothed, safe and healthy, to the best of my ability in the hopes that they will be able to continue producing great works. I chose to take steps in a direction that may reduce the cost of a product with out damaging the compensation received by the creator. The best part is that a certain group of people took the time to read what I had to say, and though few agreed, many atleast took the time to think about it.

    98. Re:I lost count by xero314 · · Score: 1

      If people start buying used coffee tables the economy will collapse!

      Quite possibly, if everyone stopped buying originals and instead purchased only used products, the economy might collapse. At the very least it would stifle innovation faster than than the US patent system. A quick look at history will show that societies that stop innovating quikcly die off.

      All these arguments people pose only make me more likely to purchased new rather than used. Seems like, atleast among the out spoke slashdot crowd, no one is buying anything new, so I can't even see why some one would be in the buisness of making new things. I will try my best to singlehandedly keep the music, movie, book, and video game industry alive.

    99. Re:I lost count by Jussi+K.+Kojootti · · Score: 1
      As an extreme characterisation of the problem, imagine this: A DVD retails at $10.00. Person a) buys it, watches it, and sells it to person b) for $8. b) watches and sells to c) for $7 and so on, until it reaches $1. This means that the studio would sell 1 DVD, despite having served 10 people.
      They haven't "served" (done) anything more than if the first guy had kept the DVD, and you conveniently didn't mention that even the first person might not have bought the DVD at 10 bucks if he hadn't had the possibility of resale.
      The Industry can't "price their products accordingly" because higher prices would encourage more resale if anything, and nobody could afford to keep the games they like.
      Of course they can, the method is called EULA, and it's used in software "sales" all the time. If they want to enjoy the ease of selling stuff based on just copyright AND still prevent resale... well, tough luck, that's impossible by definition.
    100. Re:I lost count by LordVader717 · · Score: 1

      They haven't "served" (done) anything more than if the first guy had kept the DVD, and you conveniently didn't mention that even the first person might not have bought the DVD at 10 bucks if he hadn't had the possibility of resale.

      What I meant with "served" was that 10 people were able to enjoy the movie, their copyrighted material.
      As for the first person not buying it if he couldn't resell, well that's his thing. But he probably would.

      $1 isn't alot to make from one sale, even less when counting publishing costs and the retailers cut, so the industry dies.
      As said before, the DVD production costs are minimal, and movie studios rely on income based on how many people enjoy their work.
      In this situation they would probably be happy to sell the DVDs for $3 if everyone bought it new.

      And the way games stores sell used games means that alot of money is going to middle-men instead of the copyright holders.
      If every dollar they made from used sales went to the publishers, prices could be lower.

    101. Re:I lost count by StrangerDanger · · Score: 1

      I prefer buying new, also. If everyone would buy new, it would drive prices down. I like my games, dvds, and cds to be in new condition, not like-new condition. I also agree with supporting the original artists/developers with my money.
      Here's the problem, though: I still buy Sega Saturn games. It's very difficult to find old games in their original package. Many times, it's impossible. So what do I do when I learn of "Obscure Cool Game" for the PS3 four years after it's been released, and it's not being sold anymore?
      Here's another problem, though it wouldn't affect me directly (I don't know if this has been touched on elsewhere). Video game rental stores account for hundreds of thousands of video game sales. Sony, I'm sure, doesn't like that Blockbuster sells their rentals after "God of War" isn't a high-demand rental. I am also sure that Sony is pleased Blockbuster bought twenty copies of the game for each of their stores. Obviously I'm speculating on the number of copies per store, but I know they account for a lot. If a game can only be played on one system, this would kill the rental market. How would this benefit publishers? You could say that those twenty copies of God of War were rented buy 200 people, so Sony lost out on 180 sales. I don't think those 200 people would have all bought God of War, though (Actually, yeah they would cuz it's a rockin' game). I think you can see my point. This wouldn't be good for consumers, and I really don't think it would be good for publishers, either. I don't think Sony will be doing this any time soon.

    102. Re:I lost count by ipfwadm · · Score: 1

      I know that analogies prove nothing, but I will turn to one for just a momment. If a person walks into a store, takes a product of the shelf and walks out with it without paying they are a theif. If someone else comes along and pays for it does not make the original person any less of a theif.

      -1, Terrible analogy. I mean really. In my scenarios the people are actually acting within the bounds of societal expectations.

      I can say for certain that if I started a service where I purchased the first copy of every artistic work for the standard price and then proceeded to "sell" these originals to others for a small fee with a contract that states it must be resold to me for 1/100th the price I charge after one week, alot of people would be crying foul because of lost royalties. In the end this would be perfectly legal, but I would basically be providing a rental service, reaping all the benifits, and the original artist only sells one copy of the work and receives no compensation for the hundreds or thousands of people that enjoy the work.

      You sound exactly like the movie industry with the advent of the VCR. Yet the movie rental industry has proved to be a great financial benefit to Hollywood even though they were all up in arms at the beginning. Why? Because rental companies buy huge numbers of movies. And many of the people that rent would never have bought the movie to begin with. As another example, libraries haven't put authors out of business, and you don't even need to pay to rent from a library!

      Besides, not every art lends itself to rentals. Movies, games, and books, sure. Music? Not really. Visual arts such as paintings or photography? Not at all.

    103. Re:I lost count by xero314 · · Score: 1

      Yet the movie rental industry has proved to be a great financial benefit to Hollywood even though they were all up in arms at the beginning. Why?

      To answer your question correctly, the financial benefit is because rental companies pay significant royalties each time that an item is rented. Also many countries are starting to pay royalties form their libraries for the books they supply.

      Besides, not every art lends itself to rentals... Visual arts such as paintings or photography?

      I don't actually pruchase the type of art you are refereing too so I don't have personal experience with it and so I will refrain from commenting. Once electronic music distribution becomes more popular there will be far more likely hood of rentals being available. I know there are some music out there I would like to listen too every once in a while, but are certainly not worth buying an album for. Image if you would having a party, and just renting some music for the evening. Sounds like a decent idea to me.

      -1, Terrible analogy. I mean really. In my scenarios the people are actually acting within the bounds of societal expectations.

      Since my stance is that the current societal expectations are not necessarily correct, it only seems fitting that your would see the analogy as being "Terrible."

  2. Shhh! by olego · · Score: 1

    Careful, or the RIAA will catch wind of this and will try to enforce something similar.

    Wait a sec...

    1. Re:Shhh! by malraid · · Score: 1

      It's not like they haven't tried...and failed before.

      --
      please excuse my apathy
    2. Re:Shhh! by Mooga · · Score: 1

      Don't worry, the RIAA will soon make it illegal to listen to music without paying per sec.

      --
      ~ Mooga
  3. How to fail by jonnythan · · Score: 3, Insightful

    I'm seeing a future, a few years from now, where columnists looks back at what Sony did in 2006 and create laundry lists of "how to implement the largest-scale failure in the history of video games."

    1. Re:How to fail by LiQiuD · · Score: 1

      a few years nothing...Mid Summer of 2007 they'll write that article.

    2. Re:How to fail by LWATCDR · · Score: 1

      Wow a company that will make Atari look good! I never thought I would live to see the day.
      Of course Atari made money off the hardware.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    3. Re:How to fail by Sylver+Dragon · · Score: 2, Funny

      how to implement the largest-scale failure in the history of Betamax^W ... Mini-Disc^W ... video games.

      As they say "practice makes perfect". Sony really seems to have their own foot squarly in their sights.

      --
      Necessity is the mother of invention.
      Laziness is the father.
    4. Re:How to fail by ivan256 · · Score: 1

      Too bad the future doesn't include columnists looking back on 2005-2006 and creating a laundry list of all the crap they got wrong.

    5. Re:How to fail by Anonymous Coward · · Score: 0

      Sony needs to be punished severely for their absolute contempt of consumers.

    6. Re:How to fail by gwayne · · Score: 1

      Did Sony hire Darl McBride or something?

    7. Re:How to fail by cgenman · · Score: 1

      Next Generation reports on Sony's hopes that it will be able to prevent the resale of PS3 games.

      They're going to succeed admirably. You can't resell something that nobody's buying.

  4. Wow, just wow. by Rude+Turnip · · Score: 2

    Sony:

    Do you really hate your customers *that* much?

    Truth be told, I am really, really hoping that they try to do this. The consumer backlash and probably subsequent lawsuits over everything from eBay sales to EB Games/Gamestop sales will provide lots of ripe discussion material on /. for months.

    1. Re:Wow, just wow. by NewWorldDan · · Score: 3, Insightful

      And do the people who write these articles (citing unnamed sources) ever study economics?

      If true, such a move would be a massive boost for publishers and developers which do not profit from the lucrative and damaging retail trade in used games. In fact, many publishers are furious that they have to spend support money on consumers who have not actually contributed a dime to the company's coffers.

      The secondary market adds value for the consumer. The average consumer will be more likely to buy a new release for $60 if they think they'll be able to resell it for $35 when they're done with it. Furthermore, publishers wouldn't be spending support money if they didn't release buggy products to begin with. All in all, the secondary market probably has a very small effect on how much publishers actually pocket.

    2. Re:Wow, just wow. by Anonymous Coward · · Score: 1, Insightful

      It isn't that Sony hates their customers that much and more that PS3 games really cost that much to produce. Sony needs to ensure that everyone who is willing to buy a game buys a new copy of that game.

      What it boils down to is this: there has been a standard (exponential) rate of growth in the cost to produce a game per generation.

      Aproximate Average Game Development Cost
      NES: $25,000 - $50,000
      SNES: $100,000 - $200,000
      N64/Playstation: $500,000-$1,000,000
      PS2/Gamecube/XBox: $2,000,000-4,000,000

      Estimate PS3/XBox 360: $5,000,000-$20,000,000

      If you're spending in the $20,000,000 you need to sell 2 Million copies before you break even; this would put you in the league of Super Mario Sunshine or The Legend of Zelda: Wind Waker in sales before you break even. Sony can't afford to have you to save a couple of dollars by buying a used game.

      I'm not defending Sony, just trying to explain what they are doing.

    3. Re:Wow, just wow. by CogDissident · · Score: 1

      Magic price numbers? 5 million for a PS3 game? Unlikely.
      Maybe it costs that much if you don't count the graphics engine (reused 5-10 times, at least), the story sequils that cut character design costs, and only take averages of their 3-5 most profitable games. Bargain bin games are cheap to produce, very cheap, maybe 100,000$ if they use an old graphics engine.

    4. Re:Wow, just wow. by CogDissident · · Score: 1

      Err, reverse the wording in that. I meant Maybe it costs that much if you DO count the graphics engine.

    5. Re:Wow, just wow. by WhiteWolf666 · · Score: 1

      While it is interesting to know that; screw it.

      Copyright law should not be used to defend failed/failing business models.

      --
      WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
    6. Re:Wow, just wow. by fistfullast33l · · Score: 1

      I realize you're "just trying to explain what they're doing," but let's review that article once again. As your brother quotes from the article:

      If true, such a move would be a massive boost for publishers and developers which do not profit from the lucrative and damaging retail trade in used games. In fact, many publishers are furious that they have to spend support money on consumers who have not actually contributed a dime to the company's coffers.

      This might be a motivation to Sony. However, to those developers and publishers I say, "Welcome to capitalism." You don't see Krupps or Coffeemate complaining when someone sells a used coffee pot on Ebay do you? It's the same thing. These businesses have no logical leg to stand on here. Software is a product, plain and simple. Obviously I'm bordering on taking this to a patent law / commoditization of software discussion, so I'm going to stop there. But there is no way you can go into business selling a product and not expect secondary sales to occur.

      The next illogical step in this argument for Sony, Activision, EA, or whomever is a publicly owned company would be to attempt to get the NYSE and NASDAQ to ban trading their shares on the stock market unless their public offerrings from the company itself because the companies won't benefit from the cash trading hands. Give me a break.

    7. Re:Wow, just wow. by poot_rootbeer · · Score: 1

      many publishers are furious that they have to spend support money on consumers who have not actually contributed a dime to the company's coffers.

      Maybe they should go with the strategy that IBM figured out like 50 years ago, and stop tying software support to sales.

      If the $60 price tag for a shrinkwrapped game includes customer support for a fixed period of X years, it doesn't matter whether that game is owned by one person or 100 people over the course of those X years--as long as only one owner seeks support at any given time.

      If the price does NOT include support, then the publishers have no justification for claiming that secondary sales have any effect on support costs.

    8. Re:Wow, just wow. by Anonymous Coward · · Score: 0

      Up until the days of the Playstation and the N64 the development of the technology (game engine) was the expensive part; today producing the game engine is cheap and you can licence one for a pretty minimal ammount of money (about $500,000).

      The real expense in games today is the cost to produce content; every generation you see the need for models/textures which are several times as detailed:

      On the N64 you would produce a game that had models in the 250-1000 polygon range, and each model would have one (low resolution) texture map. On the Gamecube/XBox you would produce models in the 1,000-10,000 polygon range with a couple of texture maps and (possibly) a normal map (or traditional bump map) or a shader.

      On the PS3/XBox 360 each model will be in the 5,000-40,000 polygon range, have several really high resolution textures, be fully normal mapped, contain material shaders, etc.

      Essentially, we have gone from a time where you could produce a game asset in 1 person day to a point where it takes 2 full weeks of labour to produce the same asset.

    9. Re:Wow, just wow. by KDR_11k · · Score: 1

      In Japan they managed to place legal restrictions on the secondary market. Don't think that's an unprecedented idea.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    10. Re:Wow, just wow. by KDR_11k · · Score: 1

      Since that's often licensed middleware it's fair to factor in the cost per game.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    11. Re:Wow, just wow. by Manmademan · · Score: 1

      Don't forget we're talking about CONSOLE games here. How much "support" do you think actually GOES towards a copy of Grand Theft Auto? Pop it in- it works. If it doesn't, it goes back to the store.

    12. Re:Wow, just wow. by iocat · · Score: 1
      That a) coincided with an ongoing shrinkage of the market and b) stopped no one. It may have kept large stores from starting used sections, but trust me, you can find used games anywhere you go in Tokyo.

      --

      Dude, I think I can see my house from here.

    13. Re:Wow, just wow. by nege · · Score: 1

      Truth be told, I am really, really hoping that they try to do this. The consumer backlash and probably subsequent lawsuits over everything from eBay sales to EB Games/Gamestop sales will provide lots of ripe discussion material on /. for months.

      Assuming anyone even buys one!! Can you imagine much of a second hand market if there isnt even much of a first-hand one?

      (duck and cover!!)

    14. Re:Wow, just wow. by falcon8080 · · Score: 2, Insightful

      What consumer backlash? - People dont care, even with the rootkit stuff people still went out and brought the CD's, if anything it put the name 'SONY' out in the publics mind more than a regular marketing campaign.

      People are lazy and really could careless, right up until the point it really does affect them, but then its too late...

      --
      Excellent Phoenix AZ Office Space - Thistle Landing
    15. Re:Wow, just wow. by Perseid · · Score: 0, Troll

      The average blockbuster movie costs far more to make than the average blockbuster videogame, yet DVD movies are cheaper and resales seems to be far more tolerated.

      If the video game industry can't support games with that high of a budget they shouldn't be making games with that high of a budget.

    16. Re:Wow, just wow. by GeckoX · · Score: 1

      You've got a very very brief amount of time I'm willing to give you to provide cites for these numbers you're pulling out of your ass. Never mind the variables involved.

      Now, lets for the sake of argument assume you're right anyways. (You're not even close, but hey) You're still completely and totally wrong.

      How long did it take to make that NES game? What was the turn around? What was the sale price? What was the profit margin?

      Here's a clue you fool: Profits are up. WAY up.

      Now to take this in another direction, pretend we're talking movies here. Where'd your argument go? Right.

      You don't happen to work for a game company do you?

      --
      No Comment.
    17. Re:Wow, just wow. by rainman_bc · · Score: 1

      Can you imagine much of a second hand market if there isnt even much of a first-hand one?

      I can! (Neo-Geo, Sega Saturn, Turbo Grafx 16, etc...)

      =D

      (Here come the Sega Saturn Fanboys now to correct me haha!)

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    18. Re:Wow, just wow. by rworne · · Score: 1

      Yeah, every try to find a Channel F on the 2nd-hand market? Sheesh!

      --
      I tried every decent and legal way I could think of to resolve the issue w/the business before I rented the chicken suit
    19. Re:Wow, just wow. by Anonymous Coward · · Score: 0

      You're a Jackass who is (as usual for a slashdotter who claims to be an insider) wrong!

      Starwars Rogue Squadren 2: Rogue Leader
      http://www.gamasutra.com/features/20020501/engel_0 4.htm

      Number of full-time developers: 30
      Length of development: 9 months
      Estimated budget: $3.5 million

      As a general rule, you take the number of developers, multiply that by the number of years in developement, multiply that by $100,000 and you have the cost to develop the game. Go to (http://www.gamasutra.com/php-bin/article_display. php?category=5) and look at all the post mortums written by the team leads themselves and DO YOUR OWN REASEARCH before you make an ass of yourself.

      GAMES ARE STARTING TO COST IN EXCESS OF $10,000,000

      Trust me I know ... I'm just a Buisness analysts who is involved with the Risk Analysis of next gen games ...

    20. Re:Wow, just wow. by joshsisk · · Score: 2, Insightful

      While your second point is very true, the reason DVDs can cost less is that there are more avenues for the studios to make money from a movie than the DVD - theatrical release,foreign distribution rights, pay-per-view, HBO, cable, network TV, airlines, hotels, licensing, product placement, etc... (That and the fact that a movie will give you only 2 hours of entertainment, so the consumers aren't willing to pay more.)

      DVDs are highly profitable for the studios because the movie has possibly/probably/hopefully already broke even before the DVD comes out, thus the DVD is a very profitable venture.

    21. Re:Wow, just wow. by nschubach · · Score: 1

      ...not to mention all those that will take the game back to the store to get a replacement copy (most stores allow this freely) then just resell the new game without the supposed security measure burned into the disk. This method of security simply won't work.

      --
      Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
    22. Re:Wow, just wow. by Anonymous Coward · · Score: 0

      Its quite easy to provide a technical block for reselling. Simply tie the software to a single box, and provide a "rental version" with a reset code given to the approved rental outlets.

      No ebay, No Gamestop, Lawsuits? Well, how many people sued the makers of Phantasy Star Online when it launched for the Dreamcast?

    23. Re:Wow, just wow. by tricorn · · Score: 1

      If an effective way to block the resale of games were to be implemented, it could well lead to a drop in total sales. If you look a the current market for a particular game, there will be people who buy it with no intent to re-sell, those who buy it intending to re-sell it when they're done with it (or decide the game sucks), and those who buy it used from the second group (directly or indirectly). Probably, most of the people in the third group are also going to re-sell it when they're done with it.

      The ability to re-sell increases the value of buying the game for all but the 1st group. Without the ability to re-sell, fewer people will buy the game unless the price is reduced. The group they're trying to capture, the third group, is unlikely to buy unless the price is dropped significantly.

      Let's say a new game goes for $50, you can re-sell it for $20, and buy a used one for $30. That means group 1 is willing to pay $50, group 2 is willing to pay $30, and group 3 is willing to pay $10. Group 3 ostensibly contributes nothing to the original distributor, but it is the existence of group 3 that allows sales to group 2. Eliminate the ability to re-sell, and don't drop the price, and they'll lose some of their sales to group 2, and will get very few sales to group 3. If they do drop the price, they may sell some more to groups 2 and 3 (and group 0, the group that didn't buy the game at all), but they'll lose money from group 1. They'd need to do a very careful study to determine the optimal price, and then determine if their total profit will go down or up if they implement it. Just declaring a mindless "we don't get a penny of the sales from used games" is about as short-sighted as the phone companies complaining that they aren't getting a cut of the profits from Google.

    24. Re:Wow, just wow. by Savantissimo · · Score: 1

      Right you are. I don't see how Sony could not see this. It would take phone-company level stupidity to attempt to kill your own market this way.

      I'm tempted to believe that this story and the astroturfesque comments from posters with short and one-issue comment histories against the PS3 are part of a dirty tricks campaign against Sony by Microsoft and perhaps Nintendo or those whose futures are tied to them or HD-DVD.

      --
      "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery?" - Patrick Henry
    25. Re:Wow, just wow. by GeckoX · · Score: 1

      Yep, all games, every single one, and increased costs are not related to a maturing market, inflation, or anything else whatsoever.

      Jackass yourself fuckwit.

      --
      No Comment.
    26. Re:Wow, just wow. by GeckoX · · Score: 1

      And further:

      a) I claim to be an insider? Where? News to me...but anyways

      b) I actually DO have insider info on this subject (Not that this is the first I have mentioned or insinuated or even hinted at this point). You know where a lot of the inflated costs of game development are going? Business analysts, publishers, big swinging dicks...the industry is simply maturing like every other entertainment industry out there...and with that comes both sides of that coin, good and bad.

      But trying to make us feel bad that an Entertainment Company would like MORE money simply because games cost more now? You fail to mention how many more games are sold now. You also focus entirely on top games....a TINY market segment...you're a business analyst in the industry right? You damned well should know this then. What was the biggest grossing game last year? Now what percentage of the entire gross game sales and income for last year was that? Care to start over again, skipping the FUD this time?

      Fucking jackass.

      --
      No Comment.
    27. Re:Wow, just wow. by GeckoX · · Score: 1

      Certainly it's fair to factor in Actual Costs, but to generalize is just stupid and ignorant.

      It is one HELL of a lot cheaper to license a game engine than to create one.

      How many ~$80 bleeding edge games came out last year?
      And how many other rehashes, small time, middle budget, repackages, web/bargain/whatever games came out last year?

      Stupid f'ing argument going on here.

      Look, how much do movies cost to make? The answer? It depends. Even if limiting this discussion to movies released to major theatres, we're talking anywhere from ~1/2 million up to ~1/2 billion dollars.

      And yet, how much does it cost to see a movie? Right, they all cost the same amount to see.

      Which movies are the best? Well, not necessarily tied to their cost to produce is it? Which movies make the most money? Right, that's not necessarily tied to the cost of production either.

      Stupid black and white arguments in a world made up of shades of gray.

      --
      No Comment.
    28. Re:Wow, just wow. by GeckoX · · Score: 1

      FUD, fud Fud FUD. Sheesh.

      The real work used to be in taking a lovely 3D model that an artist created, and then dumping insane amounts of time into whittling that model down so that a) it could actually be used in the game while b) still resembling the artists original model to some extent.

      As we get better and better hardware, less and less of this work is required.

      Further, as the industry matures, more and more STOCK textures/models/effects etc are available. There is no REQUIREMENT to spend 10x the money to generate 10x the textures/models/pixels whatever...some do, some don't.

      Again, I must pull in the movie industry for reference. The game industry is maturing into a similar structure as the VERY mature movie industry. Games are not some unknown amigma. Games are Pure And Simple, business. THAT is the truth here. Games are created to generate REVENUE. Games that spend too much simply to be technically best, fail, just like movies. People are discussing this like games are some mysterious entity that are on a cost curve that is going to continue to go up exponentially as a REQUIREMENT for them to even continue to exist.

      All you're doing is giving Sony et al the ammo they need to continue to spread this kind of FUD so that they can bleed your wallet dry, it has NOTHING to do with any particular game whatsoever.

      Games are NOT SPECIAL.

      There is absolutely NO good reason why used games should be treated ANY differently than ANY other product out there...DESPITE Sony's attempts to persuade us otherwise, OR a large number of people out there that quite obviously simply can not think for themselves.

      Games are already way WAY too bloody expensive...well, the ones the big boys are selling anyways, and very VERY rarely are then actually very good, let alone any better than some of the best games of old.

      --
      No Comment.
  5. Video games... by Anonymous Coward · · Score: 2, Funny

    make people FAT, stupid, violent, anit-social, and ...and.....Anti American!!

    1. Re:Video games... by chrismcdirty · · Score: 4, Funny

      So they make people American and Anti-American at the same time? Is it some sort of logical paradox designed to explode people's heads?

      --
      It's like sex, except I'm having it!
    2. Re:Video games... by Franso6 · · Score: 1

      Mmm.. Seen that before Ministry of truth. Peace is war.. http://en.wikipedia.org/wiki/Doublethink

    3. Re:Video games... by Anonymous Coward · · Score: 0

      No, but if you bring the two together, they annihilate each other with a large burst of energy!

  6. I don't buy it, but... by benjjj · · Score: 1

    ...Sony has made so many simultaneously self-serving and self-defeating moves in the last year or two that it may be true.

    1. Re:I don't buy it, but... by chrish · · Score: 1

      It's all an evil plan to let them buy back a huge number of Sony shares when the stock price drops below a dollar.

      --
      - chrish
    2. Re:I don't buy it, but... by Anonymous Coward · · Score: 0

      Thats right, you dont 'buy' it, you 'license' it, which under Sony's terms is non transferable meaning you must keep all thoughts to yourself.

  7. You only need three... by Anonymous Coward · · Score: 1, Funny

    1. Because
    2. They
    3. Suck

    1. Re:You only need three... by KDR_11k · · Score: 1

      #1. The universal reason.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
  8. Sony's funny like that. by WhatAmIDoingHere · · Score: 4, Funny

    Sony seems to think that we're LUCKY to get games for their overpriced console. With their statements about how people would buy it even with no games, and now this garbage?

    Sony thinks they're too good for us.

    --
    Not a Twitter sockpuppet... but I wish I was.
    1. Re:Sony's funny like that. by TheDreadSlashdotterD · · Score: 1

      Good thing we're too good for Sony. WII!!!

      --
      I have nothing to say.
    2. Re:Sony's funny like that. by Indras · · Score: 1

      Sony seems to think that we're LUCKY to get games for their overpriced console. With their statements about how people would buy it even with no games, and now this garbage?

      Sony thinks they're too good for us.


      Yeah, they do seem to have that attitude. Remember what they said when people were complaining about the defective PSP buttons?

      Link:
      http://www.gamespot.com/news/2005/01/24/news_61169 85.html

      Quote:
      "This is the design that we came up with. There may be people that complain about its usability, but that's something which users and game software developers will have to adapt to. I didn't want the PSP's LCD screen to become any smaller than this, nor did I want its machine body to become any larger.

      "The button's location is [architectured] on purpose. It's according to specifications. This is something that we've created, and this is our specification. There was a clear purpose to it, and it wasn't a mistake."

      Sony has slowly become the world's most concentrated source of arrogance.

      --
      The speed of time is one second per second.
    3. Re:Sony's funny like that. by geminidomino · · Score: 1

      Sony has slowly become the world's most concentrated source of arrogance.

      In other news, after losing his title, Steve Jobs has reportedly started work on a sooper-sekret projekt, code-named 'iSmarm.'

  9. Another for the rumor bin... by blanktek · · Score: 5, Insightful

    "According to a UK news source" the article claims. This is fit for the tabloids. I guess thats why its posted by Zonk.

    1. Re:Another for the rumor bin... by Paul+Slocum · · Score: 1

      Even most of the people interviewed in the article don't believe the rumor is true. Mod parent up.

    2. Re:Another for the rumor bin... by freshman_a · · Score: 5, Funny

      Warning: common sense detected - Please report to the nearest Anti-Sony bandwagon and jump on immediately!

      Who cares that it's "UK news sources, citing retail contacts" with no actual proof and an already previous denial by Sony? http://www.ps3focus.com/archives/159

      Hating Microsoft is so last year. We hate Sony now and all references to them are now spelled "$ony". Didn't you get the memo?

    3. Re:Another for the rumor bin... by bedroll · · Score: 1
      Actually, you'll find that there's a certain spin in the summary that was posted. The article is actually trying to cast doubt on the rumor. The spin is that the article is purely about doubt of success. It's true that the article focuses on this, but there are not-so-subtle clues in the article as to its real intent.

      from the article:

      Sony, which is refusing to comment on the story, does have a patent on technology which would tie a piece of software to an individual piece of hardware. But technology and desire are not the only parts of the puzzle. Whether the company would be prepared to take on retail, consumer goodwill and, most likely, the U.S courts, is another matter.
      ...
      Another senior manager at a third party publisher said, "I know that Sony is very upset about the used games market. But this story seems a bit far-fetched."
    4. Re:Another for the rumor bin... by Anonymous Coward · · Score: 0

      Yes I got the memo, it was right under my TPS reports memo. Apparently I forgot to put the new cover sheet on my last report.

    5. Re:Another for the rumor bin... by thatguywhoiam · · Score: 5, Funny
      Hating Microsoft is so last year. We hate Sony now and all references to them are now spelled "$ony". Didn't you get the memo?

      I'd like to get ahead of the hate-curve now and say:

      Wiiii Hate Nintendo. Curse you, $atoru Iwata!

      --
      If Jesus wants me it knows where to find me.
    6. Re:Another for the rumor bin... by Anonymous Coward · · Score: 0

      Sombody mod parent up. Made me do a spit take.

    7. Re:Another for the rumor bin... by InsaneGeek · · Score: 1

      Actually they don't deny it, they do deny they'll put the technology into the PS3 to prevent disks from running. But I didn't see anywhere where it said that they wouldn't have a click-through license and make it illegal to resell. Kind of like how NetApp won't let you resell the license to their software if you sell the hardware (kind of makes it pointless to have a piece of proprietary NAS hardware that you don't have any license to run NFS/CIFS/etc on)

    8. Re:Another for the rumor bin... by earthbound+kid · · Score: 1

      The real thief is ¥amauchi's protege Mi¥amoto:

      Have you ever noticed that 100 coins in Mario gets you an extra life? That man thinks money buys you eternal life! Well, that's just Nintndo for you.

    9. Re:Another for the rumor bin... by earthbound+kid · · Score: 1

      Disgrace! Slashdot doesn't support the Euro sign. :( OK, everyone pretend like my last post said, Nint[euro sign]ndo. Why, oh why, do so many sites fail to use unicode?

    10. Re:Another for the rumor bin... by tricorn · · Score: 1

      Is it possible (as in, would the law enforce it) to sell a physical item with a contract that prohibits you from re-selling it? I don't see how copyright law, which does NOT give the copyright owner exclusive rights to re-sale, can be used to give additional rights. Without copyright law, there would be no basis for any requirement to "license" the right to run a copy anyway. Copyright law also gives the "owner" of an "authorized copy" the right to run software. Copyright law is also supposed to only protect creative aspects, not functional. So how can a click-through license (which forces you to agree to something, which in my mind is no agreement at all), that enables functionality (the ability to play the game in order to experience the creative aspects that ARE protected by copyright) be valid, especially if the equivalent for a non-software non-copyright item would not be a valid restriction on first-sale rights!

      Even if it is legally valid to sell something under a contract with a restriction on re-sale, it seems to me such a contract would have to be up-front, before the sale, which would drive retailers mad. If you want to benefit from the simplicity of selling things at retail, you have to accept the limitations as well. If what you want to do is lease a game to someone, then you better be prepared to handle all the complexities that will add (along with the lost "sales" to people who want to BUY something, not lease it).

    11. Re:Another for the rumor bin... by InsaneGeek · · Score: 1

      I think you are missing the point of the word "license", in that instead of selling you the product; you are agreeing to only license the software. You don't ever get ownership rights, the original company retains not only copyright but the actual ownership of the copy that you are using. A license can have any sort of restriction on useage (can't be used on Mondays and months with 30 days); that's why the originator was talking about the equivalent shrink-wrap license being involved as a license that you'd have to agree to be bound by the specific rules of that individual license.

      With Netapp you can resell the physical item, but you don't have ownership of the software to run the physical item so you can't transfer the software with the hardware, making it kind of useless (unless you get the contract written at purchase so you can transfer the license to someone else, which they sometimes will do begrundgingly)

    12. Re:Another for the rumor bin... by geminidomino · · Score: 1

      from the article:

              Sony, which is refusing to comment on the story, does have a patent on technology which would tie a piece of software to an individual piece of hardware. But technology and desire are not the only parts of the puzzle. Whether the company would be prepared to take on retail, consumer goodwill and, most likely, the U.S courts, is another matter.



      Yes, yes they would, apparently.

    13. Re:Another for the rumor bin... by cbreaker · · Score: 1

      I know what you mean! Digg is even worse. You should have seen some of the Nintento Wii posts on there after E3 or whatever it was. If you said something like "I think the new controller is interesting but I have a feeling I won't like it" you'd get buried with a -75, but if you said on a Sony story "I hope the PS3 is really nice" you'd get buried -75.

      I don't hate Sony or their products. I'm not too fond of their music division but almost every Sony product I've ever owned, while not the absolute best, has been very nice. I've got this really nice Sony HDV Camcorder and the quality of the video is unmatched. I've got a ten year old Sony VHS deck that still works like it was new. The Playstation and PS2 were both very nice systems, and built very well. Sony TV's are always really nice as well.

      So, what's the deal? The PS3 hasn't been released, and we haven't really seen too much real in-game video or specifics yet. It'll be a little expensive but are our memories so short that we can't remember the price of the "real" Xbox 360? (not the chopped down crappy one that was only released to say "look, Xbox 360 is only $300!"

      Oh well. I have no loyalties to any company. I buy whatever products are good. This whole loyalty or hatred towards these big corporations is so dumb.

      --
      - It's not the Macs I hate. It's Digg users. -
    14. Re:Another for the rumor bin... by Anonymous Coward · · Score: 0

      I don,t know what's up with you, but I see yen symbols. Apropriate since it's Nintendo being refrenced...

    15. Re:Another for the rumor bin... by SalaciousPucker · · Score: 1

      That's not the denial we need to hear. The original point of the thread was that Sony would enforce a license that does not allow the resale of games. What Sony denies in that article is that the PS3 is technically designed to limit disks to play solely on the one machine. Locking games to a particular console could be a support nightmare. Enforcing a no-resale policy, even if they only hit the top handful of game resale outlets....eBay, Gamestop, Blockbuster Video, etc, would make a big difference.

    16. Re:Another for the rumor bin... by Anonymous Coward · · Score: 0

      ...Whoosh.
      He was going to play a followup that included the euro sign and pointed out that slashdot doesn't support it.

      +1 Think before you hit submit.

    17. Re:Another for the rumor bin... by tricorn · · Score: 1

      If you "purchase" the physical item, and it comes with a copy of the software on it, then you OWN "an authorized copy". Doesn't matter what they try to say, if they sold it to you, you own it, and if you own it, you get to run the software on it, and you get to resell it, software and all. If it wasn't an actual sale, then what was it? A lease? A rental? A loan? Do you have to sit down and read through a contract, sign it, and have it approved before they'll sell it to you?

      Which is why I was asking about what is recognized under law for, say, a car - could a car be "sold" and yet have restrictions on what you can do with that car? Obviously, if ownership didn't transfer, the owner can ask quite a bit of you - no driving on Sundays, you must hand wash it once a week, no passengers under the age of 21. If ownership DID transfer, however, what kind of covenants are legally recognized?

      With copyright, there are a lot of things that the copyright owner doesn't get exclusive rights to. Why should a copyright owner be able to make up additional rights (such as "no resale") that copyright law doesn't give? If they want the advantages of a "sale" (instead of a lease, a rental, a loan), why shouldn't they then lose some of the exclusive rights that come with ownership (of a copy, not of the underlying copyright - obviously, selling a copy doesn't mean you lose the copyright, only some rights over that copy)?

    18. Re:Another for the rumor bin... by InsaneGeek · · Score: 1

      http://www.netapp.com/support/ues.html

      All Network Appliance software license terms and conditions specify a "license to use," therefore software cannot legally transfer from one owner to another. Anyone purchasing used hardware equipment must also purchase new software licenses directly either from Network Appliance or from an authorized Network Appliance reseller. Software includes all protocols as well as streaming licenses, Snap products, and other software. Anyone trying to sell you "used software" would be violating the terms of the license. Support contracts such as warranty and maintenance agreements are also non-transferable.

  10. This will probably come up quite a bit.. by Kjella · · Score: 4, Informative

    ...the socalled first sale doctrine. I think this sums it up: "US copyright case law supports that consumers cannot make copies of computer programs contrary to a license, but may resell what they own. This however is conflicting with both section 117 and 109, and the case law itself is conflicting depending on which circuit the case was heard in."

    --
    Live today, because you never know what tomorrow brings
    1. Re:This will probably come up quite a bit.. by interiot · · Score: 1

      Where's the first sale doctrine when it comes to Windows XP? It seems like all it takes is some wording in the EULA to do away with first-sale requirements. Therefore, the only thing weighing on game producer's minds is whether the market will bear it or not. With XP, the answer is yes. With games... who knows, it's not inconceivable that it will be standard practice years from now.

    2. Re:This will probably come up quite a bit.. by Anonymous Coward · · Score: 0

      The EULA for Windows XP does allow it to be transfered as long as you retain no copy of the OS. I believe this fits right in with the first sale doctrine.

    3. Re:This will probably come up quite a bit.. by interiot · · Score: 1

      The Windows EULAs allow transfer in a few situations, but they allow transfer in so few situations that it actually made a lot of news when somebody figured out how to openly sell second-hand copies of Windows licenses.

    4. Re:This will probably come up quite a bit.. by the+eric+conspiracy · · Score: 1

      The law is quite murky on the point with cases in some juristictions going one way, and others the opposite way. It is going to take a high level court to resolve the mess.

      If Sony really wants to kill the resale market what they need to do is to offer to buy back the games.

    5. Re:This will probably come up quite a bit.. by Anonymous Coward · · Score: 0

      Have you read the EULA for Windows XP? The only condition tied in with transfering is that you retain no copies of the software. There is a not-for-resale section in the EULA, but it refers to the software, not the CD that it is on. You could probably get away with selling the CD that the software is on, not the software itself.

      I do not know if this is the same EULA that you would receive on a version sold in a different country. The one that I read was on one bought in the USA.

    6. Re:This will probably come up quite a bit.. by b1t+r0t · · Score: 1
      Do note that the rumours are from the UK. The First Sale Doctrine applies to the US only.

      That being said, Sony's gun, meet Sony's foot.

      --

      --
      "Open source is good." - Steve Jobs
      "Open source is evil." - Microsoft
    7. Re:This will probably come up quite a bit.. by cpt+kangarooski · · Score: 1

      That's not a good summary at all.

      The first sale doctrine is that the distribution right of copyright does not preclude sales, lending, etc. of a particular copy of a work that occur after the copyright holder has sold that copy. Note that first, it has been shrunk in recent years, at the behest of the music and computer industries such that it is now illegal to rent sound recordings or software, with some limited exceptions (e.g. console software, library lending).

      To date, first sale has not precluded the possibility that the copyright holder would create a contract with buyers that limited subsequent sales. First sale only says that he doesn't have power over subsequent sales automatically as part of his copyright. EULAs try to exploit this limit on the scope of the first sale doctrine, and have had significant success in doing so. There have not been any serious assertions that the first sale doctrine precludes contracts such as EULAs.

      There have been serious assertions that state contract law would, but this depends on the contract, and the state. In most jurisdictions, the pro-EULA side appears to be winning that battle. Since contract law is a state law matter, you'll never see something like a federal Supreme Court decision that settles the matter. And while federal courts might have to deal with the issue from time to time, they're bound to follow state law on the subject.

      First sale is codified at 17 USC 109.

      Section 117 deals with issues involving reproduction of computer software, but it is generally inapplicable because it too is subject to being undercut by EULAs. However, I don't really see how it is of any particular interest to us here.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    8. Re:This will probably come up quite a bit.. by QuantumRiff · · Score: 1

      Why do you think that all 3 systems are pushing "downloaded" games. If you download the new Super Duper Mario Bros 6 from the internet, directly onto your game system, not only do they not have the costs of distribution (trucking, wholesale prices to stores, etc) but you can't take the medium over to a buddy's house. With broadband connections becoming more prevalent, its easy to start downloading a game, have it able to play the first few level's in a few minutes, while the rest of the game is downloading in the background. They get the full $50 bucks that you paid, instead of the $35 they sell it to wal-mart for, (yes, very guestimated numbers here, with the fine details ommited) but you can't borrow it from your buddy, or buy it used from a store..

      --

      What are we going to do tonight Brain?
    9. Re:This will probably come up quite a bit.. by Fulcrum+of+Evil · · Score: 1

      To date, first sale has not precluded the possibility that the copyright holder would create a contract with buyers that limited subsequent sales.

      However, SCOTUS has ruled that when a product is sold as a product, then it doesn't have a license attached, so copyright law and the first sale doctrine apply, more or less.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    10. Re:This will probably come up quite a bit.. by cpt+kangarooski · · Score: 1

      Got a cite for that?

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    11. Re:This will probably come up quite a bit.. by Fulcrum+of+Evil · · Score: 1

      Here's the wikipedia article, and here's the case I recall as supporting my position.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    12. Re:This will probably come up quite a bit.. by cpt+kangarooski · · Score: 1

      Well, you said that this was a Supreme Court case. What you linked to, however, was a decision issued by a District Court. This means that the only precedential value it has is influential. No courts are bound by this decision.

      Unfortunately, most courts that have had these cases, though not all, have been siding with enforcing EULAs. Courts aren't obligated to follow this case, and most of them don't, finding the ProCD line of cases (which are binding on some courts) to be correct.

      You should probably carefully read through the Wikipedia article you linked to. It does point out that there is a split in the courts on this matter.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    13. Re:This will probably come up quite a bit.. by Fulcrum+of+Evil · · Score: 1

      Unfortunately, most courts that have had these cases, though not all, have been siding with enforcing EULAs. Courts aren't obligated to follow this case, and most of them don't, finding the ProCD line of cases (which are binding on some courts) to be correct.

      Except that, when it comes to enforcing restrictions on resale (see the section on software), the SCOTUS has sided against the publisher assuming that sale is acceptance.

      You should probably carefully read through the Wikipedia article you linked to. It does point out that there is a split in the courts on this matter.

      Yes. It also doesn't mention any SCOTUS ruling specifically covering the validity of EULAs.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    14. Re:This will probably come up quite a bit.. by Anonymous Coward · · Score: 0

      The 360 HD is portable, you know..

    15. Re:This will probably come up quite a bit.. by cpt+kangarooski · · Score: 1

      the SCOTUS has sided against the publisher assuming that sale is acceptance

      Do you have a cite for this? Remember, that last case you cited was not the Supreme Court, it was the District of Utah.

      Yes. It also doesn't mention any SCOTUS ruling specifically covering the validity of EULAs.

      That's because it says "The first-sale doctrine as it relates to computer software is an area of legal confusion ... leading to conflicting court opinions ... which have not been resolved by the Supreme Court."

      The Supreme Court hasn't discussed EULAs. In fact, it is astonishingly unlikely that they ever will, since it is a matter of state law, not federal law. State supreme courts are the final interpreters of state law, and their decisions on matters of state law are binding on the federal Supreme Court (which is only supreme in matters of federal law). There's also fifty state supreme courts, and they don't have to agree on anything.

      Congress could step in and create a uniform law, but this seems pretty unlikely. And besides, I can't imagine that it would be anything but pro-EULA until we have a sea change in Congress.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    16. Re:This will probably come up quite a bit.. by Fulcrum+of+Evil · · Score: 1

      Do you have a cite for this? Remember, that last case you cited was not the Supreme Court, it was the District of Utah.

      Yeah, go read the cited cases in wikipedia.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    17. Re:This will probably come up quite a bit.. by Kjella · · Score: 1

      Maybe you as a lawyer can answer me this - why is anything at all sold anymore? It seems that everything from books to CDs to DVDs to computer applications to cars (hey, the "brain" is software) would do a lot better if they were never sold, only licensed. That way the corporations don't need to follow any of the pesky rules involving a sale, and they get to pick the rights (if any) the consumer will get like first sale, fair use etc etc. Why ever make a sale if a "salish" license seems to be unilaterally better for them?

      --
      Live today, because you never know what tomorrow brings
  11. Analogy by 99BottlesOfBeerInMyF · · Score: 2, Funny

    The more you tighten your grip, Tarkin, the more star systems will slip through your fingers ...

    1. Re:Analogy by truthsearch · · Score: 1

      These aren't the games you're looking for. Move along... Move along...

      I felt a great disturbance in the store, as if millions of customers cried out and were suddenly silent.

    2. Re:Analogy by AuMatar · · Score: 1

      More like "as if millions of customerws cried out 'Wiiiiiiiiiiiii'".

      --
      I still have more fans than freaks. WTF is wrong with you people?
  12. Oh Sony... I pity you... by creepynut · · Score: 5, Insightful

    Ka-BLAM. - The sound of Sony falling to dust.

    Really, truly, why would Sony do this?

    I mean, I heard rumours of something similar a while back. They were going to try and make a disc you buy to only be able to play on a single system. No more copying, no more renting, no more lending.

    Hell, what happens to me when my PS3 goes the same way as my PS2 and I need to get a new one? Better yet, what happens when they release a new slimmer version and suddenly I'm not able to play anymore?

    Mind you, this may not be the case with this new system of theirs, but why kill the second hand market like this? I can't remember the last time I bought a game brand new. Game Boy Advance and Game Cube both, nearly all my games are second hand copies. Why? Because not only are they cheaper, but because it's sometimes harder to find games new after they're released. Especially the rare gems.

    On top of the fact that used games would be near impossible, what will they do for rentals? I'm certainly not going to go fork out $80 (CDN) for a new game that I've never tried. I want to go out and rent it, and if it is worth it, sure I'll pick up copy. "Greatest Hits" games hardly count, because they are simply cheaper because they've been out longer, and a few people liked them.

    If they do this, they'll be shooting themselves in the foot. There won't be a PS3 in my place (mind you, the PS2 belongs to the finacee), and I guarantee there won't be one in many of the living rooms I know of.

    1. Re:Oh Sony... I pity you... by Jimmy+King · · Score: 1
      Mind you, this may not be the case with this new system of theirs, but why kill the second hand market like this? I can't remember the last time I bought a game brand new. Game Boy Advance and Game Cube both, nearly all my games are second hand copies. Why? Because not only are they cheaper, but because it's sometimes harder to find games new after they're released. Especially the rare gems.
      And that right there is exactly why sony would like to be able to do such a thing. When you buy a used copy, Sony makes no money off of that. Probably more importantly to Sony, when you buy a used copy there are still the same total number of games sold. More total games sold means more people wanting to make games for them, happier investors, etc. I'm not saying it's a good idea on their part as I think it's only looking at a small part of the big picture, in that more consoles total sold also means happier investors, more people wanting to make games for your console, etc and forcing people to spend more on the games will likely reduce console sold, but eh, I'm preaching to the choir now.
    2. Re:Oh Sony... I pity you... by Theaetetus · · Score: 1
      I mean, I heard rumours of something similar a while back. They were going to try and make a disc you buy to only be able to play on a single system. No more copying, no more renting, no more lending.

      Yes, rumors which Sony denied, and they disappeared. The same exact rumors are back around, in time for your weekly dose of FUD, and this time, you fell for it. Seriously, how would they do this? Between First Sale and the inability of minors to enter legally binding contracts, they couldn't make a game un-resellable. And Sony's lawyers know this better than anyone else.
      Seriously, this is just a piece of FUD, probably sourced at Microsoft or Nintendo. The article is from an anonymous source citing "a UK-based retailer"... Yeah, right.

    3. Re:Oh Sony... I pity you... by harrkev · · Score: 1

      Not true. Often people buy a $50 or $60 game with the intention of dumping it for $30 later. That makes the actual cost to them $30 or $40, which they are willing to pay.

      Now, if this is true (and a very bit "if"), the actual cost of the game will be the retail price. They will buy less.

      Also, rentals bite the dust. There will be no way to evaluate demos, so people will buy less. Blockbuster will not buy any more -- sales will go down once again.

      Now, about the only way that Sony could not totally piss off its customers is to lower the retail price of the games to less than $40. Wait, is that a flock of pigs up there in the sky?

      I decided to hate Sony after the whole rootkit fiasco. To me, this train wreck is grand entertainment. Pass the popcorn!

      --
      "-1 Troll" is the apparently the same as "-1 I disagree with you."
    4. Re:Oh Sony... I pity you... by Anonymous Coward · · Score: 0

      Wow, so how much did you pay to put that Sony Apologist Chip in your brain?

    5. Re:Oh Sony... I pity you... by shorgs · · Score: 1

      Yea, they at least filed if were not awarded a patent for exactly what you described. I remember reading about it and thinking about how much it would suck. There was some speculation that no company would be fool enough to do something like this and that it was a good will patent to keep others from implementing a similar system. Of course I think this was around the same time that Japans second hand electronics market was coming under fire from Japanese electronics manufacturers. If I'm remembering this all correctly electronics resale was actually made illegal for at least a short spot of time.

      And really, I've not seen any good will from Sony recently. Well, I mean there is the privilege of buying their beautiful new system...which is gravely under priced...I mean buying Sony goods is like eating at a fine restaurant...one that wouldn't normally not have trash like me....errr....hrm.

      Someone correct me if my memory is failing me.

  13. Unlikely? by Goostoff · · Score: 2, Insightful

    I doubt this is likely and is just old news resurfacing. Not only if Sony implemented this strategy would resale businesses have problems, but renting games would cease to exist (for the PS3, at least). This would definately cause troubles for Sony as customers could not try before they buy or even enjoy a weekend of a party game. Blockbuster, Gamestop, et all, would pull out all stakes to prevent this if this were real.

    http://www.joystiq.com/2005/11/08/playstation-3-wo nt-play-used-games/

    1. Re:Unlikely? by cno3 · · Score: 1

      customers could not try before they buy

      Sony could be planning to counter this with demo downloads directly to the PS3. They've already rolled out a bunch of PSP demo kiosks in Japan.

      I do, however, think this would be hugely offputting to the type of gamer that buys new games and beats them quickly in order to sell them back while they're still fetching a premium. Not that Sony or publishers would be sad to see that trend disappear, but it might make for a lot more reluctant consumers.

  14. could it be true? by L-Train8 · · Score: 4, Insightful

    The evidence for this is an unamed "UK news source, citing retail contacts." And a Sony patent on "technology which would tie a piece of software to an individual piece of hardware." Also, Sony isn't commenting on this story.

    But the article also points out how technological enforcement would be difficult, and how such a move would completely piss off both retailers and consumers.

    I can't see Sony actually doing this, I really don't think it makes a lot of business sense. But then, I never thought they would charge $600 for a PS3.

    --

    Don't forget that Friday is Hawaiian shirt day.
  15. Killing off the game rental market as well? by WuphonsReach · · Score: 3, Insightful

    What will this do to the game rental market? (Does Blockbuster still rent games?)

    --
    Wolde you bothe eate your cake, and have your cake?
    1. Re:Killing off the game rental market as well? by interiot · · Score: 1

      I hear that poor areas of China have a thriving alternative that seems like it will only grow larger...

    2. Re:Killing off the game rental market as well? by dyslexicbunny · · Score: 1

      Hell, if that is true, you can't play your games at a friend's house without bringing your console. Assuming that the story is true, there will be significant backlash with consumers. But let's not get ahead of ourselves and shoot first. Why not wait until the console releases and see what happens? Then we can fire away if need be.

    3. Re:Killing off the game rental market as well? by caffeinatedOnline · · Score: 1

      But let's not get ahead of ourselves and shoot first. Why not wait until the console releases and see what happens? Then we can fire away if need be.

      You must be new here...

      --
      The sky above the port was the color of television, tuned to a dead channel...
    4. Re:Killing off the game rental market as well? by Valdrax · · Score: 1

      What will this do to the game rental market? (Does Blockbuster still rent games?)

      Is that pair of questions a self-cotained commentary on the state of the game rental market in itself?

      --
      If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
    5. Re:Killing off the game rental market as well? by Alsee · · Score: 1

      Just a thought...

      They could sell the "normal" version of the game that requires online activation or phone activation and which will only run on a single machine (containing a specific hardware lock key) and sell that for $80 or somesuch...

      and they could sell a different "rental" version of the game that can run on any machine... and that special rental version would cost like $300 or somesuch.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  16. EULA by the_Bionic_lemming · · Score: 2, Insightful

    How will they enforce a contract with a nine year old?

    --
    _ _ _ Go for the eyes Boo! GO FOR THE EYES!
    1. Re:EULA by KDR_11k · · Score: 1

      They've got a patent that allows them to have read-once sectors on a game disc. If each disc was encrypted with a special key the device has to grab from the read-once sector and store in its internal storage you couldn't put the disc into any PS3 that hasn't already seen that game in its "virgin" state.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    2. Re:EULA by Tristan7 · · Score: 1

      To explain.
      In the USA minors may revoke any contract they've agreed to up until their 18th birthday. If you sell your car to a 16 year old, then he drives it into a lake, the kid can come back to you and say 'I changed my mind, your car's in a lake, I want my $2000 back' and legally, you're screwed.

    3. Re:EULA by the_Bionic_lemming · · Score: 1

      Bingo.

      A savvy Parent can sue on the monors behalf as there is no legal way to make or enforce a contract with a minor or someone totally inebriated (or both).

      So, once again, if they do "Ruin the disc" there's still an avenue.

      --
      _ _ _ Go for the eyes Boo! GO FOR THE EYES!
  17. Conversation among Sony execs by Anonymous Coward · · Score: 5, Funny

    Exec 1: This foot shotgun isn't letting us shoot ourselves in the feet thoroughly enough!
    Exec 2: Prepare...the foot cannon!

    1. Re:Conversation among Sony execs by roman_mir · · Score: 1

      So are they taking lessons from this guy?

  18. Someone Help Me out Here... by Anonymous Coward · · Score: 0

    so sony is selling you a license to play the game, but you still have to buy the game??? is this not contradictory?

    1. Re:Someone Help Me out Here... by KDR_11k · · Score: 1

      Of course it is but the software sector manages to push that lie for years now and the courts have even sided with them occassionaly.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
  19. Indeed... by Svartalf · · Score: 2, Interesting

    It's looking like they're trying to out-do Atari's spectacular flameout back in the last downturn in the games industry.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    1. Re:Indeed... by WinPimp2K · · Score: 1

      Is that the Atari Lynx you are referring to?

      The console that printed an abbreviated EULA on the console box that informed the prospective customer that

      1> They could only play games they purchased NEW from authorized retailers
      2> In case you did not understand Rule #1, you may not RENT games to play on the console
      3> If you are still uncertain about Rule #1, you may not buy USED games to play on the console
      4> Since your parents are memebers of different non-sapient species, you may also not play games your friends purchased on your console.

      In short, if you did not pay full retail price for a game, then Atari forbid you from playing it on your console. I remember reading that little bit of legalease while waiting in line to buy one. I was able to change my purchase decision very quickly.

      Is that the spectacular flameout you refer to?

      Obviously, the problem was just that Atari was ahead of its time. Sony has much better market timing - after all they never had a CEO whose name included the international symbol for "idiot" (Nolan BUSHnell anyone?)

      (if you are sarcasm impaired, disregar the above sentence and ask yourself if Rule #4 contains a description of your family tree)

      --

      You either believe in rational thought or you don't
    2. Re:Indeed... by senatorpjt · · Score: 1

      after all they never had a CEO whose name included the international symbol for "idiot" (Nolan BUSHnell anyone?)

      wikipedia

      In 1974, Bushnell and Atari decided to develop a home version of PONG. Thanks to a marketing and distribution agreement with Sears, PONG sales soared by 1975. In 1977, Atari introduced the Atari 2600 VCS (Video Computer System), which revolutionized the home video game market, and began a new era in video game consoles. Demand for the unit was so great that Atari executives manned the production lines to help with the assembly and packaging during that first Christmas after its release. In 1976, Warner Communications (now Time Warner) bought Atari, and Bushnell was forced out of the company in 1978.

  20. Why can't sony do this? by merreborn · · Score: 1

    When I go to blockbuster, and I pay the man $5 for my PS2 game, I can't re-sell it.

    What exactly is preventing sony from adopting the same business model? As long as they're up front about the fact it's not a sale, I don't see where this is legally questionable. Better not try to charge $50 per 'rental' though. I'm pretty sure people wouldn't be so happy about that.

    1. Re:Why can't sony do this? by maddskillz · · Score: 1

      You could sell it for $5 if you want. You would still be on the hook with blockbuster for the rest of the money you owed for the game

    2. Re:Why can't sony do this? by Anonymous Coward · · Score: 0

      Um, technically you can sell it. You can sell what you have: a rental license. (Of course, you might have told Blockbuster you wouldn't). So, if some sucker is willing to pay $6 to rent the game from you, go for it.

    3. Re:Why can't sony do this? by radish · · Score: 1

      Simple, Sony don't rent games - Blockbuster do. In other words, the rental transaction happens at the lowest level of the chain - between the consumer and the rental location. For Sony to allow rentals ONLY they'd have to either (a) handle all the consumer relationship themselves - in other words shut out all retail outlets from getting stock or (b) persuade the retail stores to handle their rentals. I'm not sure either is very likely.

      --

      ---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"

    4. Re:Why can't sony do this? by Just+Some+Guy · · Score: 1
      As long as they're up front about the fact it's not a sale, I don't see where this is legally questionable.

      Nothing prevents Sony from making you sign a contract before leaving the store with their product. However, anything short of that is a sale. Put another way, I don't care if I pick up a widget from the "Widget Rental" bin sitting under the "Rent Your Widgets Here!" sign at the "Rent-A-Widget Center". If I hand you cash and you hand me a receipt and a smile without me signing something, I just made a purchase.

      --
      Dewey, what part of this looks like authorities should be involved?
    5. Re:Why can't sony do this? by spun · · Score: 1

      Yes, but what did you just purchase? The physical media and a license to the copyrighted work on that media. Not a license to copy the work into your console's memory. If you want to make a copy of that work, you need to have an additional license, which you can only get by clicking "I agree" in the EULA box. This is how and why EULAs work, and they have been upheld in court. Until you agree to that contract, you have the right to sell the media and your initial license, but not to copy it into your console.

      I don't like it, but that is the way it is. The real issue is that minors can't enter into legally binding contracts, which is one of the many reasons why Sony will never do this despite paranoid ravings from the Anti-Sony camp. You know that this rumor has come up before and been shot down, right?

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  21. Story based on nothing. by Anonymous Coward · · Score: 5, Insightful
    This is just another stupid baseless rumor. The story is printed with no source and no evidence. The story is just another variation on a year-old rumor that Sony has already directly denied. The "Sony has a patent on such a technology" in the story fails to mention the patent in question was originally filed in the Playstation 1 era. Go and look up the original patent-- it talks about CD-ROMs.

    But, hey, the new rules of gaming media are
    1. Is it about Sony?
    2. Does it make Sony look bad?
    If so, then there is no step 3. The rumor must be right, and it's getting printed on Slashdot.
    1. Re:Story based on nothing. by harrkev · · Score: 1

      As far as facts go, you are absolutely correct.

      But why let facts get in the way of some good entertainment? We have a good old-fashioned hate-fest going on here. Can't you just feel the waves of scorn?

      Seriously, though. I doubt the article's accuracy too. But I can hope.

      --
      "-1 Troll" is the apparently the same as "-1 I disagree with you."
    2. Re:Story based on nothing. by SirDoctorProfessorJa · · Score: 1

      3. Profit!!

    3. Re:Story based on nothing. by Kjella · · Score: 1

      Go and look up the original patent-- it talks about CD-ROMs.

      /me runs to the patent office and files the same patent - on Blu-Ray. Hey, worked in the dotcom era.

      --
      Live today, because you never know what tomorrow brings
    4. Re:Story based on nothing. by SalaciousPucker · · Score: 1

      They are denying that games will be locked to one machine. They have said NOTHING up to this point about enforcing a license on games that would not allow resale. Two different things.

  22. Anonymous Sony Troll! by Anonymous Coward · · Score: 0


    Come on man, post already. We're waiting.

  23. Easy workaround? by Bastian · · Score: 5, Insightful

    So all I have to do to get around this is let the neighbor kid (who is too young to enter into any sort of legally binding contract) play all of my games first, right?

    1. Re:Easy workaround? by drinkypoo · · Score: 1

      One wonders if Sony could actually get in trouble over trying to press minors into contracts that they do not have legal authority to enter into... Or will every game come with a quiz to prove you're over 18, like an old leisure suit larry game?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:Easy workaround? by KDR_11k · · Score: 1

      Pfft. I don't see that stopping the PC game market so why do you think the judges allowing this practice would suddently get a clue?

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    3. Re:Easy workaround? by GeckoX · · Score: 1

      Interesting, this would imply that it is actually either a) illegal for minors to use windows or b) illegal for MS to require licensing contracts of minors to use their products.

      Anyone able to shed some light on this?

      --
      No Comment.
    4. Re:Easy workaround? by wiredlogic · · Score: 1

      EULAs aren't contracts and have no legal weight. Hence, the lack of interest by any state AG to end the practice.

      --
      I am becoming gerund, destroyer of verbs.
    5. Re:Easy workaround? by Anonymous Coward · · Score: 0

      Not that I think you were serious, but I think the quiz in the old lsl game was more for humor value than for any kind of true verification, considering how funny many of the questions (and potential answers) were.

      A condominium a prophylactic for midgets? That was hilarious.

      Some of the questions were rather US-centric, but I don't mind as figuring out the answers was rather educational.

    6. Re:Easy workaround? by Fulcrum+of+Evil · · Score: 1

      One wonders if Sony could actually get in trouble over trying to press minors into contracts that they do not have legal authority to enter into... Or will every game come with a quiz to prove you're over 18, like an old leisure suit larry game?

      Minors can enter into a contract, but they can then break it without penalty, so Sony would be stupid to try.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    7. Re:Easy workaround? by Bastian · · Score: 1

      But has kids accepting clickthrough or shrinkwrap licenses ever been tested in court? I didn't think it had.

    8. Re:Easy workaround? by darkmeridian · · Score: 1

      Someone has to buy the boy the game, right?

      --
      A NYC lawyer blogs. http://www.chuangblog.com/
    9. Re:Easy workaround? by Bastian · · Score: 1

      Right, but if this is a clickthrough license,then buying the game isn't the same thing as agreeing to it. IANAL, but I would assume that buying the game for the kid would put me in the same legal position as a courier who delivers a contract..

  24. Ah geeze by TheSkepticalOptimist · · Score: 1

    If this is true, its another nail in Sony's coffin. I mean, from their entirely too expensive system, to their overhyped Blu-ray support, console delays, and problems with their "new" game controllers (which look shockingly like every other game controller they offered), if Sony is hoping to prevent resales of their games, then I would firmly have to refuse to buy the PS3.

    Sony's problem is, and will continue to be, the fact they are both a hardware manufacture that also publishes game titles, movies and music. Sony keeps insiting that they need to protect their IP in games, movies and music with their hardware, so they have never done things right.

    From their first Digital Music players that used proprietary music formats and software, rootkit fiasco, to their overly portected PSP and now the PS3, Sony is doing everything in their power to enusre that customers will never really enjoy the Sony experience, just tolerate all their DRM and protections schemes enough for a few minutes of diversion. The problem is, will people keep tolerating this?

    The PS3 will be Sony's make it or break it entry into the video game consoles. The original PS and PS2 were hugely successful simply because they didn't try to force DRM and other copyright protection schemes on people (or, at least, they were easy to circumvent). The wild lack of success of the PSP and the backlash people are having over the PS3 might cause Sony to lose their grip on the video game market.

    While I would never have guessed that a company like Sony could fail in their efforts after 2 big game console successes, I will have to admit that the PS3 might be their biggest mistake yet if they keep going forward with ideas and plans like this.

    This could be just speculation or unfounded rumours designed to bring more discreditation to Sony, but if there is a smidgen of truth, Nintendo's Wii looks like it might be the ONLY next generation console I will put my money into.

    --
    I haven't thought of anything clever to put here, but then again most of you haven't either.
  25. This idea is very old by Yahweh+Doesn't+Exist · · Score: 1

    but in the past whenever people would talk about Sony wanting to tie games to individual consoles they'd always get modded troll.

    the warnings were there. just like with this blu-ray downsampling BS.

  26. Nice idea by pappy97 · · Score: 0

    I hope they can do this. It would be a nice f**k you to EB Games and Gamestop, who buy games from unknowing kids for pennies on the dollar and resell for major profit.

  27. Article Seems To Miss The Point by Babbster · · Score: 1

    They talk a lot about license transfers in the article but don't go into detail about how Sony wants to tie particular pieces of software to a particular PS3 unit. This seems like it would only be enforceable if both the new and used purchasers' PS3s are connected to the Internet. If so, it would mean that anyone wanting to use their PS3 for online gaming would be restricted to buying only brand new games. It would also probably result in people buying only single player/local multiplayer games and ignoring the Internet altogether.

    If game publishers can't make money in the current environment, then that's just too damn bad. Maybe, someday, they'll figure out that selling a million units at $20 a piece is better than selling 200,000 units at $50 a piece. Forcing these kinds of restrictions on people will affect the first sale as much as the subsequent used sales.

    1. Re:Article Seems To Miss The Point by truthsearch · · Score: 1

      You won't (legally) be able to purchase a used copy in a store or online. Nothing will technically prevent you from using a disc someone else has already used.

  28. Mmmm by SmallFurryCreature · · Score: 1
    Well first of the story is based on rumor.

    Offcourse Sony doesn't like the second hand trade. I own a PSP and recently bought two games for it. Both second hand from the dutch FreeRecordShop store. 12.50 was about all I was willing to spend for Midnight Club 3.

    For that money it is a nice game. For full price (wich it still retails for) it is a piece of crap. The other Fired Up is a piece of crap at 12.50 but if I bought it at full price I would have been really upset. Now I can deal with it.

    But offcourse sony ain't making any money of me. Well though shit. I bought GTA at full price and some other games and frankly only GTA was worth it.

    PRODUCE GAMES THAT ARE WORTH FULL PRICE and people will pay for it. I do. Just that so few games are worth it.

    If this story is true and not another piece of rumor fluffed up to be news by zonk then Sony really seems determined to dig its own grave. STOP UPSETTING PAYING CUSTOMERS!

    Geez.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  29. If you're under the age of 18 by MorderVonAllem · · Score: 1

    at least in California how can minors enter into a legally binding agreement?

    1. Re:If you're under the age of 18 by DragonWriter · · Score: 1

      Does it matter? If the resale control is through a technological means of preventing a piece of software from being used accept on one piece of hardware, the ability to enter into a legal contract wouldn't matter, except that lacking capacity might reduce your liability for fraud when the disc you resell to someone claiming its a usable game doesn't work as anything but a very poorly designed frisbee.

      Really, it seems to me this is wild speculation based on patent that Sony, a creator of lots of content aside from games, and a maker of lots of media-playing devices and technology besides game consoles, could use in many ways unrelated to controlling resale of game disks.

  30. FUD against Sony by davFr · · Score: 3, Informative

    Since a couple of weeks, and especially since E3 show, there are lots of FUD about the PS3 and Sony. I am not a Sony zealot, I don't have any console from them. But honnestly, do you feel like this news is something more than F.U.D. coming Microsoft or Nintendo.
    I don't feel like an anonymous guy repeating stuff heard from a UK retailer is something like a trusted source. Sounds more like Microsoft try to kill the PS3 beast before it's awaken...

    --
    RIP Slashdot. I used to love you. dead account - but slashdot wont let me delete it.
  31. Irrelevant by Rhys · · Score: 1

    Little Timmy drops the disk in. "You must agree to play the game." Timmy agrees. Timmy is 8. He can't sign a (legally binding) contract. His parents didn't sign the contract. The game lets him play anyhow -- he said yes. Timmy grows up and does not like Pokemon anymore and sells the disk at his family's garage sale.

    Sue a kid over a non-enforcable contract? Right. What is sony going to do, make a parent press "yes" to play the game so it is enforcable? While it might be a nice move to discourage GTA lawsuits, it is equally stupid since a kid could, if he made some cash mowing lawns, buy the game himself.

    --
    Slashdot Patriotism: We Support our Dupes!
    1. Re:Irrelevant by Dachannien · · Score: 1

      But if Little Timmy uses the game without being able to legally agree to the license agreement, doesn't that mean he's using the software illegally? In other words, if the contract is void, isn't it void in both directions?

    2. Re:Irrelevant by DragonWriter · · Score: 2, Insightful
      Little Timmy drops the disk in. "You must agree to play the game." Timmy agrees. Timmy is 8. He can't sign a (legally binding) contract. His parents didn't sign the contract. The game lets him play anyhow -- he said yes. Timmy grows up and does not like Pokemon anymore and sells the disk at his family's garage sale.

      Sue a kid over a non-enforcable contract?


      The story is about technological tieing of the software to the hardware. So, if this was true at all, the person likely to sue would be the person to whom grown-up-Timmy sold the software, having claimed it was a playable game when, in fact, it was inert except on the console for which it was licensed, which Timmy, presumably, did not sell with the game.

      Of course, it seems unlikely that this is practical with a game disk, unless it has a phone-home activation which then gets a key which is stored on writable media (memory card, hard disk), that depends on a second key which is unique to the hardware.
    3. Re:Irrelevant by Savantissimo · · Score: 1

      Technically, it's voidable, not void. The contract existsts until the minor or his guardians choose to void it. IANAL, but took Business Law.

      --
      "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery?" - Patrick Henry
    4. Re:Irrelevant by Kjella · · Score: 1
      Of course, it seems unlikely that this is practical with a game disk, unless it has a phone-home activation which then gets a key which is stored on writable media (memory card, hard disk), that depends on a second key which is unique to the hardware.

      No, all you would need is a tiny burnable area and the cheapest burn capability possible. I haven't paying attention, can the PS3 burn anything at all? Pseudo-code:
      if ( playerID.isEmpty() )
      {
          burnID();
          playGame();
      }
      else
      {
          if ( playerID == myID )
              playGame();
          else
              fuckOff();
      }
      In any case, I think writing a small ID ( say 128bit ) with some stone-age tech would cost pennies. It's all a question about consumer backlash, not technical feasibility.
      --
      Live today, because you never know what tomorrow brings
  32. Nintendo tried that, long ago. by Anonymous Coward · · Score: 0

    Nintendo tried this ages ago. If you read the first page of almost every game manual, you see a statement saying that you cannot even *rent* the game!

    However, thanks to the "Blockbuster" exemption in copyright law, there's a legal definition for what is, in essence, a video game (e.g. a game that's played only on something like a console) that allows you to rent out the game.

    Now, IANAL, but I believe the same "Blockbuster" exception in US Copyright law would have to apply to these games, as well. I'm not sure how much they can abridge your rights (although, God knows, they certainly love to *try*) via these stupid EULAs.

    In other words, and you should consult a lawyer before relying on this as fact, it's probably just a stupid "scarecrow" license.

    This is Sony. They're one of only a few companies to have been forced to admit that their EULA was unconscionable. Please join me in saying:

    *** SCREW YOU, SONY! ***

    I won't put up with that kind of crap from any company. In fact, I will do whatever I can to help screw over companies like that, whether it's badmouthing their products, boycotting them, etc. Sure, I'm just some nobody, but the more nobodies out there that are pissed-off at you, the more it's going to reflect on your bottom line, especially that monetary value your accountant lablels "goodwill."

    Frankly, I don't see how something like "goodwill" can have a dollar (or yen, or euro) sign next to it, but I guess that's the only way they can get you to pay attention to it, like you're supposed to.

  33. Sony is doing a great job by Malakusen · · Score: 1

    Of digging itself into the ground. And then drilling deeper, all the way until they smell feet.

    I do more gaming on my PC anyway, and I can make a PC now to do what a PS3 will do later, for about the same price and without the lunacy. Does Nintendo and Microsoft have agents working in the higher levels of Sony to kill the company? I feel like I'm watching Paramount's strenuous efforts to bury Star Trek all over again.

    --
    Never give in--never, never, never, never, in nothing great or small, large or petty, never give in except to conviction
  34. This just in.. by Rob+T+Firefly · · Score: 2, Funny
    ..Six weeks ago Sony acquired the videogame license to classic film "E.T.," and have announced today the immediate worldwide release of this surefire success.

    Along with a clause disallowing secondhand sale of the game, the EULA will debut the new "no-landfill" clause.

  35. Would prevent rentals, too by Robotech_Master · · Score: 2, Insightful

    A hardware-software locking scheme would also stop the big movie/game rental chains (such as Blockbuster, Hastings, etc.) from renting PS3 games. This could be a big blow to the industry, I think, given how many copies of the games the rental chains end up buying, and also that a lot of people will try renting a game for the short run before they decide to shell out the dough to buy it.

    Ah, just how stupid can Sony be? I'm reminded of that old Einstein quote about how only two things were infinite--the universe, and human stupidity--and he wasn't sure about the first one of those.

    --
    Editor Emeritus and Senior Writer, TeleRead.org
  36. this article is FUD by Anonymous Coward · · Score: 0

    this whole speculation about Sony doing this was discussed month ago, it's the result of some overzealous reporters reading too far into some obscure sony patents.

  37. wow... by Churla · · Score: 1

    I see exactly what this is. Sony sees that when a game is resold they make 0$, that is unacceptable. I mean c'mon...

    Remember, in relation to a $600 console a $60 game is "still pretty cheap".

    Have some sympathy here, they're just trying to eek out a modest living with what technology they can scrap together... right?

    I would try to give an analogy here, but every one that easily comes to mind involves things that I think would get me banned or that only happen to people in prison related stories on Fark.

    --
    I'm a fiscal conservative, it's a pity we don't have a political party anymore
    1. Re:wow... by Anonymous Coward · · Score: 0

      Except that's missing the big picture. The fact that I can sell that $60 CD to my friend for $30 once I get tired of the game might be crucial for my purchase. The CD loses some of value I might have seen in it if I can't resell it, so neither my friend nor I will buy it in the first place.
      Since producing the CD costs them nothing, that's $60 they just lost.

  38. More FUD from the anti-Sony cabal by SuperKendall · · Score: 5, Insightful

    Very clever hiding the truth behind two layers of news stories - the original story is about how industry experts doubt this claim (which comes from an unnamed UK source) is true! So why the anti-Sony spin when the original story is about how people think there's no way Sony would do this and they've not even said they would?

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:More FUD from the anti-Sony cabal by Anonymous Coward · · Score: 0

      Zonk is an obvious Nintendo fanboy. All his posts are anti-Sony and pro-Nintendo. Frankly if I was a lawyer is be considering suing for damages. Slashdot rarely retracts it's lies and everything gets passed as truth.

    2. Re:More FUD from the anti-Sony cabal by Kohath · · Score: 1

      Welcome to the news business. It's all about the story.

    3. Re:More FUD from the anti-Sony cabal by DogBotherer · · Score: 1

      Probably true, but if there ever were a bunch of corporate scumbags who earnt the propaganda against them...

  39. Big difference by Malakusen · · Score: 1

    While I am by no means a fan of Microsoft, or WinXP, or it's EULA, there is a big difference between an OS that you will be using until it's time to upgrade (usually years) and a game you're gonna play for a while and then forget about. Most games out there you'll get about 100 hours use from, TOPS. I get more use than that from XP in a couple weeks.

    --
    Never give in--never, never, never, never, in nothing great or small, large or petty, never give in except to conviction
    1. Re:Big difference by poot_rootbeer · · Score: 1

      there is a big difference between an OS that you will be using until it's time to upgrade (usually years) and a game you're gonna play for a while and then forget about.

      In practice, yes. But as far as the law goes, I'd be surprised if there were any distinction to be made.

      Doctrine of First Sale basically says you may use a product you have bought until you don't want it anymore, at which case you may resell it. I can't see how it matters whether it takes you three months or three years to decide you don't want it anymore.

    2. Re:Big difference by Malakusen · · Score: 1

      I agree wholeheartedly with First Sale, and prefer to buy used whenever I can, but if you're going to have EULAs, they make more sense for OSs then for games.

      --
      Never give in--never, never, never, never, in nothing great or small, large or petty, never give in except to conviction
  40. Not going to look it up... by Anonymous Coward · · Score: 0

    But didn't we already have a bitchfest over this issue, and Sony revealed that this was not going to happen?

    While there is the possiblity they could do this, it would be stupid for Sony to do so and risk having the legalality of EULAs questioned. Sony is already on tricky ground regarding the PS3(i.e. price, dropped features, etc), so it would be a very bad thing to alienate their customers.

    .... Oh nevermind, don't let me get in the way of another "$ONY IS TEH EVIL" bashing article.

  41. Won't Be First In Line by blueZhift · · Score: 1

    I've lost count too and certainly won't be the first in line to buy a PS3. Sony does seem to be going out of their way to sink the PS3 launch and by extension the rest of their business. There's still time to make it all work, but if even some of these stories are true, they're going to need some major internal shake up to get back on track. It's too bad that this sort of thing nearly always happens to market leaders who become overconfident and arrogant. At this rate, the sound that Sony makes when it falls will be deafening!

  42. Bah by Anonymous Coward · · Score: 0

    It won't happen. And if it does, it won't matter.

    I've always loved how insular Slashdot is. All your combined outrage will barely make a dent.

    Most people buying these games and systems won't have a clue, and won't care. "Oooo! Game! Me want pretty!" Game open, game inserted, game played. If Sony is successful in implementing this, and all your video game stores (with the exception of the big ones) go tits-up because they can't sell used games, then people will finally start to notice. Do you honestly think most of the millions and millions of gamers out there will notice before they bring that first game in to sell it? Or until they realize they can't buy used PS3 games?

    Nope. Sony will be hurt more by their high price point than this. Even then, they'll still sell a ton. Why? Because it's Christmas and parents are wimps when their kids cry that they want the newest toy. Add in that gamers are older and have their own disposable income, and they'll justify the price to themselves. "Oh, it's a Blu-ray drive, those cost a fortune! Heck, I'm practically stealing it at this price!"

    Of course, I'm primarily a PC gamer, who has little use for online multiplayer anything, and prefers the Gamecube over the other current-gen systems. Besides, the only next-gen system that interests me in the slightest is the Wii. I'm not a Nintendo fanboy but they're the only company that's actually piqued my interest at all. Sony and MS seem to lack the ability to realize that whatever fantastic hardware they tout, it'll be obsolete 6 months later when PCs once again surpass it.

  43. Ding! by Theaetetus · · Score: 1
    I don't feel like an anonymous guy repeating stuff heard from a UK retailer is something like a trusted source. Sounds more like Microsoft try to kill the PS3 beast before it's awaken...

    Absolutely correct. With First Sale Doctrine, inability of minors to sign contracts, the highly lucrative accessories market owned by Gamestop and others who sell used games, etc., there's no way this is true.

    1. Re:Ding! by soft_guy · · Score: 1

      there's no way this is true.

      I guarentee that I could design a piece of hardware/software that will lock a DVD based piece of software so that it can be played on that unit only.

      --
      Avoid Missing Ball for High Score
    2. Re:Ding! by Theaetetus · · Score: 1
      I guarentee that I could design a piece of hardware/software that will lock a DVD based piece of software so that it can be played on that unit only.

      I guarantee you could too. It's pretty trivial.
      But I was talking about legal ramifications. Sony couldn't do this legally. And their lawyers know a lot about this stuff. They've already denied this rumor, the first time it came around, a year ago, and there's been nothing to point to that says they're doing anything different.

    3. Re:Ding! by soft_guy · · Score: 1

      Right. If all Sony does is say, "you are forbidden to resell this game", then obviously it won't work. They would need to have some technical thing to back it up with.

      --
      Avoid Missing Ball for High Score
  44. Agreement by tgpo · · Score: 1

    Where would the licence agreement happen? Everytime you turn the game on it asks you if you agree to the licence. Then turn the system off and sell it, you didn't agree to the licence that last time now did you.

    --
    -tgpo
  45. Is Sony trying to fail? by Anonymous Coward · · Score: 0

    Make a super expensive machine... make it not-that-much more powerful than your competition, but make it a lot more expensive by tacking on a proprietary disk format no-one wants. Offer no online services, then change your mind at the last minute and promise them. Lose your exclusivity agreement on GTA (GTA francise has sold lots of Sony products). Diss the press at E3. Not to mention controversy about Sony faking game footage, and the whole unrelated but nasty issue of rootkits on CDs... now they want to restrict people from re-selling or trading their games?

    Seriously, the PS3 better be a sweet machine, because Sony is doing everything wrong marketing wise. Even if a lot of this is rumors and FUD, Sony is big enough to have the PR engine to deal with this properly!

    1. Re:Is Sony trying to fail? by Rod+Beauvex · · Score: 0

      I like to pretend Sony is smart and has devised a way to do that tax thing like Uwe Bolle. Sadly, deep down, I know that they're just out of touch with reality.

      Here Wii come to save the day!

  46. Dear Sony: by msmercenary · · Score: 5, Funny

    Dear Sony:

    You need to stop pulling the trigger on that gun pointed at your foot. You've burned through the entire magazine, and it's time to reload.

    1. Re:Dear Sony: by Anonymous Coward · · Score: 0
      It's a machine gun, baby!!!

      Say hello to my little friend!!!

  47. Got to get ready by SpaghettiPattern · · Score: 0

    Got to get myself ready. Am I allowed to see a PS3 add without having to license one? Have to be careful about them free newspaper I get at the train station.

    --

    I hadn't the slightest objection to his spending his time planning massacres for the bourgeoisie... (P.G. Wodehouse)
  48. I predict this will all end badly for Sony by Anonymous Coward · · Score: 0

    and I've got the magic marker to prove it.

    Information just wants to be free.

  49. Economics will kill this idea by metoc · · Score: 1

    Most people only budget a specific amount per year for gaming.

    If they budget $150, that can be 2 x 75$ new games, or 5 x $30 games, etc.

    If the can sell games, they can buy 2 x $75 new, sell both for 2 x $30, and buy another new game for $60. All adds up to $150.

    Not allowing resales will reduce the number of new games sold, and definitely kill any future PS3 to PS4 upgrades as no one will buy old consoles without games. Sony will have to cut prices if it wants to sell more games. It will also erode the PS2->PS3 upgrades as many people will not want PS3 lock in.

    Does anyone know of another product where this has been profitable beyond year one?

    1. Re:Economics will kill this idea by Rod+Beauvex · · Score: 0

      Theoretically, they should go down. But for some reason, *some* companies never seem to go out of business despite obviously dirty business practices. *Something or someone* is propping them up.

      Insert heavey sarcasm with astriked words.

  50. Ugh. by Anonymous Coward · · Score: 0

    If true, such a move would be a massive boost for publishers and developers which do not profit from the lucrative and damaging retail trade in used games.

    No, this article is not biased at all. Back it up, buttercup. Some points the author might want to consider:

    1. People selling used games often use the money to purchase new games.
    2. Used games only compete on price. Lower prices on new games will make used games undesirable.
    3. Used games can stimulate interest in existing franchises, resulting in sales of new games.
    4. Retailers rely on used games in order to stay profitable. Without used games retailers will have to raise prices, resulting in fewer sales and lost profits to publishers.
    5. Customer enmity is far more damaging than used games.

    In fact, many publishers are furious that they have to spend support money on consumers who have not actually contributed a dime to the company's coffers.

    Yeah, yeah. Computer manufacturers are furious that consumers who have not actually contributed a dime to the companies' coffers are downloading specs for their motherboards. Wa-wa. This is a red herring. Companies have no obligation to support games for free. If they think it is a good idea, require registration and only support registered individuals. Or better yet, charge for support; problem solved. (Who the hell needs support for a freakin' console game in the first place?) Hell, I'm furious that they are charging me for support I will never need with the purchase of every new game!

  51. I'm REALLY looking forward . . . by WhiteWolf666 · · Score: 2, Insightful

    . . . to my DRM locked down, $800.00, unable to resell games, every-title-is-a-remake, HDMI-required for HD playback console.

    With all the bloody restrictions they should be paying me to take the damn thing.

    Seriously; wasn't that the "promise" of all these locked down DRM systems? Hardware free, software as a service, copy protection means that companies can easily recoup their investment.

    I couldn't imagine _ever_ buying one of these. It would _really_ have to blow me away.

    --
    WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
    1. Re:I'm REALLY looking forward . . . by Anonymous Coward · · Score: 0
      With all the bloody restrictions they should be paying me to take the damn thing.


      And they should include at least one free BJ!
  52. Down in flames by ecorona · · Score: 1

    I'm genuinely worried for Sony. This appears to be a desperate move. It's hard to see where the PS3 will fit in. It looks to be a slightly better and more expensive XBOX 360. The Nintendo era is upon us once again. :-)

  53. Haha! by dlvu5 · · Score: 1

    The laughs just keep coming.

    There has to be at least one person in a position of some power within Sony that constantly has his jaw on the floor. Unfortunately, with his jaw always on the floor, he can't speak his objections out loud.

  54. Online games... by OneFix+at+Work · · Score: 4, Insightful

    That's why companies like the idea of online games. You are pretty much stuck with the game, since they generally aren't easily transferable...not only that, but quite a few games come with free play time (3 months free, etc)...this makes resale of these games less profitable...

  55. Sony and PS3, ... by Anonymous Coward · · Score: 0

    ... the best reason to buy an XBox 360.

  56. The sad thing is... by Metroid72 · · Score: 2, Insightful

    That only the people who follow the industry (hardcore gamers or not) are the only people aware of all the reasons not to buy the PS3. However, Sony will still these overpriced piece of hardware like hotcakes. Having a PS3 will be more like a status symbol, and we're in a society where "keeping up with the Jones" is a major driver.

    Long live great games (regardless of the console) and competition (because it benefits us).

    1. Re:The sad thing is... by Gilmoure · · Score: 1

      Fuck the Joneses. Life's too short to worry what others think. Besides, all they're good for is siging in my .30-30.

      Babbalooooooo!

      --
      I drank what? -- Socrates
    2. Re:The sad thing is... by justin12345 · · Score: 2, Insightful

      I'm not too sure that "keeping up with the Jones" applies in this case:

      Even if the PS3 turns out to greatly overpower the XBox 360 (which I doubt), the graphics of either system are limited by the time and artistic resources of the companies that develop the games. Most developers are going to make the most money be releasing a game on both systems. Given the already massive cost of developing 3D artwork, they will most likely design the game for the weaker one, and just up the poly and particle count on the stronger. I doubt either system will really outshine the other.

      Speaking of competition: Am I the only one that thinks both Sony and MS are going to lose big on this next round of counsels no matter what they do? In the past, many people bought both a PS2 and an XBox. Because of the high price of both systems, consumers are being forced to choose between the two, which means the market will be halved for either company. I predict the only company that is really going to make out is IBM --as they are making the chips for both.

      --
      Cool art gallery, if you're into that sort of thing.
    3. Re:The sad thing is... by Fulcrum+of+Evil · · Score: 1

      However, Sony will still these overpriced piece of hardware like hotcakes.

      They better hope so, because they aren't the darlings they once were in their home market.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    4. Re:The sad thing is... by Suzumushi · · Score: 1

      Unfortunately, competition in the video game market does not benefit the consumer. Unless you consider exclusive titles which force the consumer to buy a specific console to play a specific game a benefit...and the prices and distribution havent exactly improved either.

  57. Probably a dupe and possible rumor spreading again by Anonymous Coward · · Score: 2, Informative

    Dated November 2005 - The Death of Used Game Sales? posted our friend, Zonk. "The Inquirer has an interesting piece about a new Sony Patent on a technology that may possible prevent DVD disc media users from using their purchased disks in other machines after they have used them on a specific reader.

    Dated November 2005 - Rumor: PlayStation 3s won't play borrowed, used, or rented games - SCEE PR manger Jennie Kong blasted the rumor as " false speculation." "PlayStation 3 software will not be copy protected to a single machine but will be playable on any PlayStation 3 console," she told the Guardian.

  58. Wow, they're asking for it by Programmer_In_Traini · · Score: 1

    Wow, is it me or Sony is doing all the wrong moves lately ?

    I'm beginning to think they're relying too much on their reputation now. When the 360 came out, I thought I'd just wait for the PS3 since I loved the PS2/PSOne so much

    but now.... I think I'm gonna jump on the Wii bandwagon or possibly the 360.

    --
    If you look like your passport photo, you're too ill to travel. - Will Kommen
    1. Re:Wow, they're asking for it by VJ42 · · Score: 1

      I'm in a similar position, execpt I've already jumped on the Wiiiiiiii! bandwagon. So much so I'll probably be buying one at launch (being in the UK, I'll still have feedback on how well it works before buying: from the rest of the world)

      --
      If I have nothing to hide, you have no reason to search me
  59. I disagree. by Anonymous Coward · · Score: 1, Informative

    Zonk is an obvious Nintendo fanboy.

    I disagree. It seems clear to me that Zonk is an obvious XBox fanboy. Zonk's promotion of Nintendo has been half-hearted, and only a recent development-- Zonk only really began pushing for Nintendo after Peter Moore's E3 declaration that Microsoft considered Nintendo an ally. Before Microsoft invented the "Wii60" party line, Zonk was not nearly so enthusiastic, and pretty much only printed pro-Nintendo stuff when the games.slashdot reader base (which is notably pro-Nintendo, in my opinion with good reason) started yelling so hard he couldn't ignore them anymore.

    I thus conclude that Zonk is an exclusively XBox fanboy who also occasionally sees Nintendo favorably because Microsoft tells him to, and because he views Nintendo as an ally in the fight against Sony.

    1. Re:I disagree. by Anonymous Coward · · Score: 0

      Any way you put it this slant is hurting Slashdot. Frankly I hope they get sued. Any real publications would have been taken to court by now. Sad thing is if Sony had to do it it would be bad PR.. but the injustices here are just too much.

    2. Re:I disagree. by digidave · · Score: 1

      Slashdot links to other stories on the web, they don't write the stories themselves. If anybody is going to get sued it should be the publication that actually commited libel.

      --
      The global economy is a great thing until you feel it locally.
    3. Re:I disagree. by Anonymous Coward · · Score: 0

      Slashdot links to other stories on the web, they don't write the stories themselves.

      I'm not so sure about that anymore. Slashdot's little "embellishments" on the stories they link are beginning to be a bigger deal than the stories themselves. Look at this story. We have an article where a rumor about a Sony plan is reported, and commentators (1) express doubt that the plan is real and (2) express doubt that the plan, if it exists, will be successful. By the time this hits Slashdot it becomes just commentators (2) expressing doubt that Sony's plan will be successful. Slightly different, isn't it? At what point does Slashdot's spin change so much about the story that the story doesn't even belong to the linked source anymore, it's just something Zonk has earned the author credit for himself? If someday we reach a point where a story is posted and the linked version of the story isn't libelous but Zonk's version of the story legitimately is, what happens after that?

  60. Sony releases "for rental" version of the game by Metroid72 · · Score: 1

    ... once certain amount of copies have been sold.

    Sad. But possible.

    I know, I know... then it opens the door for piracy, hacking, etc.

    1. Re:Sony releases "for rental" version of the game by soft_guy · · Score: 1

      If they released two versions of the game - one that could only play on a single console - and another that could be for the rental market (plays on any console), they could charge far more money for the second one. Like they used to for VHS tapes back when they didn't sell them in retail. They were only selling them to rental shops and they charged $70 per tape.

      --
      Avoid Missing Ball for High Score
  61. The original article by sesshomaru · · Score: 3, Informative
    The Next Gen article tearing the Sony game "protection" article to pieces is all very well and good, but here's the original article for those who would like to read it for themselves:

    Sony to make it illegal to sell second hand PS3 games

    Here's a quote from the end of the article:

    Will Sony use their patent? Will Sony make it illegal to re-sell PS3 games?

    At the moment no-one really knows, but lets hope not.

    Sony have yet to comment on the rumours that they will make it illegal to re-sell PS3 games.

    --
    "MIT betrayed all of its basic principles."
  62. Go for it. by rAiNsT0rm · · Score: 1

    Nintendo has the best idea for game sales in years with the Wii. Different price-points. Smaller games == smaller price. Mega-hits == normal price. Downloads == (?) but most likely reasonable/free/promotions.

    Used games are about the only majorly profitable area for places like EB/Gamestop. So this move will only help push away customers and retailers. This is a sinking ship, and FTR about a year ago at this time when I jumped ship from working with Sony and claimed that they were going downhill quick and everyone here on /. said I was a fanboy and soooo wrong... well we shall see real soon, my guess is that I was pretty damn close to right on the money.

    --
    http://teasphere.wordpress.com - A little spot of tea
  63. Sony's ace in the hole? by Otis2222222 · · Score: 1
    From TFA:
    Sony, which is refusing to comment on the story, does have a patent on technology which would tie a piece of software to an individual piece of hardware.

    I remember reading about this a while back (possibly on slashdot?). IIRC, the technology they were talking about here had something to do with putting a small writeable sector on the disc that, once inserted into a PS3, would be written with an encryption code of some sort that tied it to the serial number of the console, or the processor, something like that. Thus, any attempt to play the disc on another console would be met with failure. I could be remembering this wrong though.

    1. Re:Sony's ace in the hole? by daenris · · Score: 1

      I remembered reading the same thing... and here it is: http://games.slashdot.org/article.pl?sid=05/11/09/ 1827211

    2. Re:Sony's ace in the hole? by Splab · · Score: 1

      Wonder if they have thought that through...

      What happens when the system breaks down and the consumer buys a new one because it's out of warranty? Or if on warranty, do they remember to set everything right?

    3. Re:Sony's ace in the hole? by Kirsha · · Score: 1

      Seeing things lately, I bet they would be just as happy to make you buy more copies to replace the one that was rendered useless.

  64. Re:I told you so by Anonymous Coward · · Score: 0

    fuck off

  65. How to Make Your Company The Most Hated by exp(pi*sqrt(163)) · · Score: 5, Insightful

    Sony are acting like a company that own the market and can dictate whatever terms they want. Remind me, which Sony products are so awesome that I have to buy them and submit to these terms? It's not the their games consoles (portable or not I prefer Nintendo), or their TVs (Samsung make better) or their stereos (who'd buy a Sony?), or their portable audio players (I love my iPod), or their cameras (Canon for me), or their laptops (Apple again), or their memory sticks (I tend to use SD cards), or their crippl(ed|ing) audio CDs (somehow they don't seem to publish music I like), or even their headphones (I'm happy with my Sennheisers).

    --
    Doesn't it make you feel good to know that our freedoms are protected by politicans, lawyers and journalists.
    1. Re:How to Make Your Company The Most Hated by DanHibiki · · Score: 1

      You can preffer a ball-n-cup game to all consoles known to man, but that does not change the fact that Sony is the leader of the console market, and not just by a bit, by a LOT. So it's not really about YOU or ME, it's about WE, and WE wants a PS3.

    2. Re:How to Make Your Company The Most Hated by Z80a · · Score: 1

      as nintendo was :3

    3. Re:How to Make Your Company The Most Hated by idonthack · · Score: 1

      With a $600 pricetag on thier next console, I get the feeling that will change quickly.

      --
      Why is it that when you believe something it's an opinion, but when I believe something it's a manifesto?
    4. Re:How to Make Your Company The Most Hated by SunTzuWarmaster · · Score: 1

      Many people seem to think "oh, they are doing stupid things, they will go out of business". This refers not just to Sony, but to any number of companies that make poor decisions.

      I have never bought an Apple product (regretfully, if I had the choice again, I would have picked up one of their laptops instead of my accursed HP). In the PC market for many years, they had less than a 25% share. Companies can live on less than 10% of the market, yes the shrink, yes they start shying away to different markets, but they can live on.

      Why is Royal Crown cola still on the shelves at the same price as Coke. I don't know anyone that prefers R/C to Coke.

      *_# TZ_

    5. Re:How to Make Your Company The Most Hated by Codename.Juggernaut · · Score: 1

      WE would prefer a WII. I must say, though, it's definitely against my nature to disappoint... Therefore, if Sony's attitude toward ME as a standard consumer is that I live to pirate their software as to use it without paying them a dime they so feel they richly deserve, I will do everything in my power to prove them right.

    6. Re:How to Make Your Company The Most Hated by AaronLawrence · · Score: 1

      That's true if their cost structure is suited to such a market share.
      If on the other hand they are an enormous, expensive bueuracracy with thousands of employees, suddenly shrinking the market share means drastic measures are needed to keep the company afloat.

      --
      For every expert, there is an equal and opposite expert. - Arthur C. Clarke
    7. Re:How to Make Your Company The Most Hated by DanHibiki · · Score: 1

      ah, that's YOU again. remember, YOU don't count in the same way that pirates don't count as potential DVD sales.
      just try and keep in mind: We still want a PS3, reguardless of how much FUD YOU might beliave.

  66. Rental Market by MaverickUW · · Score: 2, Interesting

    This would also seem to wipe out the rental market for PS3 games as well, unless Sony creates special copies of those. But of course pre-rented games are sold used all the time as well, so that wouldn't work.

    If Sony wants to cut out the rental market, the try before you buy approach wouldn't work. More people would tend to wait for magazine reviews instead of buying the game on impulse. If you can't try it yourself, and you can't resell it if you get bored with it, who's gonna pay $60 for video games unless they're truly AAA titles with exremely high ratings?

    1. Re:Rental Market by jseale · · Score: 1

      No shit! Companies like GameFly, Games 'n Flix and it's brethren would rather throw in the towel than carry on their biz without Sony. Sony really thinks they can take their ball and go home. Geesh!

  67. What about the old slashdot article that said... by Anonymous Coward · · Score: 0

    about selling pre-packed shrink-wrapped apps seperatly. I believe it had to do with Adobe's suite, people would buy the box with the other included Adobe apps, only keep the disc for what they needed, and sold the rest off. Adobe bitched but I believe lost the case as the software wasn't being used on more than 1 machine at the same time.

    Same with the deal here. Just like with Windows, you can re-sell YOUR copy you PURCHASED the lisense for, but if you do, you must remove any copy on your machine. That lisense is valid for one install running on one computer at that time. So if you remove it (just like those people who removed the pre-installed windows and said they didn't agree with the EULA), you can then sell your phyiscal meadium + lisense since it is no longer in use.

    The only reason I see sony wouldn't agree with this (which, btw, I take the article with a grain of salt) would have to do with the whole mod chip/HD loader scene. That way you couldn't buy a copy, make a copy of the disc (though making a copy of a BluRay wouldn't really be worth it vs just buying a copy of the real deal yourself) and using a mod chip, or dumping it to a hard drive and playing it that way (HD Loader)... and selling the copy to a friend for 50%~75% of the price. That's about the only thing I could even think of.

  68. The didn't and they won't by SuperKendall · · Score: 1

    I can't see Sony actually doing this, I really don't think it makes a lot of business sense. But then, I never thought they would charge $600 for a PS3.

    Well then both statements can make sense as the base Sony model is $500, not $600 - in fact you are worse off with the $600 model as all you are doing is supporting HDMI the spec with no additional functionality in terms of video output.

    As for the source from the UK, who knows how many 360 astroturfers may be implanted there... "reatial contacts" likley means "360 fanatic working in a video game store".

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:The didn't and they won't by glesga_kiss · · Score: 1
      Regarding the price of the console, Sony could charge up to $800 IMHO in the early months. They will still sell out EVERY console they ship to the stores. Remember all the past releases? Remember the prices on eBay? People ARE willing to pay extra to be "cutting edge".

      If it's released at a high price, you can pretty much bet on a price drop 6-12 months later.

  69. If it's true... by payndz · · Score: 1
    If this story is true (considering that it would violate UK laws on the right of first sale, at the very least), then I won't be buying a PS3. Ever. As much as I'd like to play MGS4, and may even possibly be tempted into spending £50 to do so if it gets essentially 10/10 reviews from every source I trust after the price of the PS3 itself drops to a reasonable level (£425 is not reasonable. Nor is £299. £199, we're starting to get closer for a games console), there's no way that I'd do that if I have to pay another £50 for every single other PS3 game I might want to play. 'Annual Sports Update 200X' is not an MGS4, and nor is 'Movie-Themed 3D Platformer That Could Have Been On The N64 If Not For The 720p Graphics'.

    Hell, I'd rather they just superglue the disc slot shut and sell it to me as the 'PSMGS4'. In fact, just image the disc to the HDD and don't even bother including the Blu-Ray drive to save me a few quid! :p

    --
    You must think in Russian.
  70. consumers by Anonymous Coward · · Score: 0

    hm. The article notes that this is good for producers, and bad for retailers, but seems to miss the consumer side. If I can't resell a game, it isn't worth as much to me... so I'm less likely to buy it. Ultimately everyone will loose out. Didn't Japan try to ban the resale of consumer electronics not so long ago? What happened to that?

  71. Why would anyone buy PS3? by Anonymous Coward · · Score: 0

    There's still a lot of people who want to buy a PS3. Why?

    1. Re:Why would anyone buy PS3? by Anonymous Coward · · Score: 0

      Maybe because they are not slashbots, nor do they buy into this "OMG $ONY IS EVIL" FUD?

      Funny how similar crap has been posted in regards to the first Xbox, and suddenly with the Xbox360 everything changes. It is almost as if SOMEONE or something convinced the head of the games section to change their mind....

      Say, aren't we due for another Slashvertisement(TM)?

  72. GamesRadar again... by faust2097 · · Score: 3, Insightful

    This is the same site that falsely announced that the base-model PSP woul have wired controllers and a non-upgradable hard drive:
    http://www.gamesradar.com/gb/ps3/game/news/article .jsp?articleId=20060513133719562032&sectionId=1006

    I know it's probably totally unreasonable to ask Slashdot to "consider the source" but GamesRadar has a reputation of inaccuray and sensationalism.

    Game specialty stores still account for over 25% of US sales of video games, systems and accessories. They are also successful in large part because of used games. This move would essentially hamstring them and either lead to them dropping Sony product from their stores or just going out of business.

    1. Re:GamesRadar again... by faust2097 · · Score: 1

      Oh crap. I wrote "PSP" instead of "PS3". I look forward to every reply [if there are any] to point this out.

    2. Re:GamesRadar again... by Supersonic1425 · · Score: 1

      wasn't gamesradar once owned by MSN?

  73. Isnt this already done? by Devalia · · Score: 1

    I know its not a console, but doesnt Steam basically achieve with this CD Copys of Half Life 2 etc?

    I got Half Life 2 from an ATI voucher, so dont know if it locks to your account, but I seem to recall Half life 1 doing that when steam was introduced.

  74. If this is true... by Lord+Kano · · Score: 1

    I'll start to suspect that JVC & Hitachi have successfully planted sleeper operatives within Sony to bring it to its knees.

    "Let's refuse to license our VCR technology, no one is ever going to buy that VHS crap."

    "Let's install software to fuck up the computers of our customers, no one will ever know."

    "Let's take away the one incentive people have to buy expensive titles for our consoles, I know some people plan to sell games after they've beaten them but they'll keep paying $69.95 for titles that they're stuck with."

    LK

    --
    "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  75. How do they stop people from selling on ebay? by Xedium · · Score: 1

    Are they going to use a rootkit to enforce it? That's ludicrous that anybody actually cares if this preposterous scheme actually goes through, except big resellers. No sane court of law will find me guilty of selling ps3 games to my next-door neighbor.

    1. Re:How do they stop people from selling on ebay? by Anonymous Coward · · Score: 0

      EBay will stop it. Try and sell a copy of Novell Netware w/licence on Ebay. DENIED!

  76. Re:I told you so by Greatmoose · · Score: 1, Funny

    Thank you sir, for raising the level of discourse on this topic. Your intellect is a shining light in the darkness of mediocrity, and I think we can all agree that we are bettered by your contribution. Applause.

    I like feeding trolls, apparently. I learned something about myself today. ;)

    --
    Clearly I forgot to equip my +5 Codpiece of Karma.
  77. But it does contribute to their bottom line by XHIIHIIHX · · Score: 2, Interesting

    "If true, such a move would be a massive boost for publishers and developers which do not profit from the lucrative and damaging retail trade in used games. In fact, many publishers are furious that they have to spend support money on consumers who have not actually contributed a dime to the company's coffers."

    This is completely untrue. There are so many people that buy a game because they can play for a while and then sell it on ebay. If you get the game on sale sometimes you can even make money doing this. How many of these people wouldn't buy any but the best games if they couldn't do this? Alot. Where there's a will there's a way. If Sony does this, then it will be the biggest contributor I've seen to online piracy since the RIAA started advertising Napster. Before they got into the act none of the lamers out there were even on napster. It so bizarre. People have been selling used books since the beginning of time, what are you supposed to do throw them out?

  78. You think Sony can't do this? by Mistshadow2k4 · · Score: 1

    I think they can. Try selling you copy of Windows XP. Same thing, it's just software, but it's illegal to resell a used copy of XP. Then there's XP's product activation, which ensures that the person who bought the used copy has to crack it or they can't even use it after the initial two-week period. Sony's patent on tying the game software to individual consoles amounts to the same thing. So if Microsoft has been getting away with this for years with their OS, why can't Sony with their games?

    --
    I dream of a better world... one in which chickens can cross roads without their motives being questioned.
    1. Re:You think Sony can't do this? by chmod+a+x+mojo · · Score: 1

      think with your brain...not your butt.

      Try selling you copy of Windows XP. Same thing, it's just software, but it's illegal to resell a used copy of XP

      I can legally sell off the media that i bought, as long as i DON'T sell the serial key for my licensing

      --
      To err is human; effective mayhem requires the root password!
  79. Enforce? by Mateo_LeFou · · Score: 1
    Favorite quote of the day: "I'm not sure that the license agreement is enforceable if the licensee doesn't agree to it"

    Not sure is he? Sad times...

    I don't know what's worse: this guy being considered an 'expert in retail law'

    or...

    The nagging suspicion that, for all I know, the "content industry" really *has worked it so that you no longer have to agree to a license for it to be enforceable upon you...

    --
    My turnips listen for the soft cry of your love
  80. Is it really a problem? by 91degrees · · Score: 1

    What is it with this belief that second hand sales causes a significant cost to the bottom line of the console manufacturers? And they seem to be the only ones who care. The developers certainly don't. We all know that the bulk of our income is from sales in the first few weeks.

    Nobody has done any studies on this. There's no evidence that those who buy used games would or would not have bought a full priced game had the used game not been available. No evidence that console sales are or are not influenced by the availability of second hand games. No evidence of anything.

    And why is it only meant to be the games industry that suffers? Why does the motor industry not complain about the harm the second hand car industry is doing to their business? Because they know it does them no harm. In fact, they know they benefit from it.

  81. The last straw by spammacus · · Score: 1

    I used to be quite excited about the PS3. Now I won't be getting one at all. Jack up the price and reduce the rights that go with it? To hell with them.

    1. Re:The last straw by Anonymous Coward · · Score: 0

      Read the article. Sony is planning to do no such thing with your re-sale rights. Zonk really went overboard with the title and summary on this one.

  82. A possible implementation by Runefox · · Score: 2, Interesting

    If it's true, then perhaps Sony will include a "burning" laser in their console, with a limited range, to burn a blank portion of a BluRay disc that includes the serial code, registration information including address and name, and a lock-out code, bypassable only by a service technician and a special reader capable of reading the code (I realize that a pressed disc is non-writable regardless, but the design of the PS3 BluRay doesn't necessarily need to mirror the design of standard BluRay; It could very well incorporate small, burnable tracks).

    That physically locks out the media, and if they protect the firmware properly (perhaps by having a second BIOS that starts up on system boot to check the checksum of the first before handing the boot process off to the primary BIOS), it will prevent piracy in such a way that it cannot be circumvented by Joe Sixpack or Script Kiddie Bob. Add in a very specific layout for the free space on the BluRay disc, failing with a non-writable status of that region of a disc never before played on the console, and it would make it extremely difficult for standard burning applications to burn a CD. And impossible for the pressed CD to be passed from console to console.

    If the console reads a recognized rental agency as the registration on the burned portion of the disc (read from a list pushed to each unit by Sony upon internet connect and stored when offline), then the console plays anyway, perhaps with the inability to save or go online with it; Perhaps specific per-game instructions.

    Each disc would have a pre-burnt portion from the factory with a unique ID code, and if a rental agency loses a copy, they can report it and have the ID code added to a blacklist/no-play list. If the lost game shows up on an internet-connected PS3, the game's locked from the console and the console registration information sent to the rental company. Full name, address, phone number, etc, all verified through international directories and an automated call to verify the phone number. Credit information could also be required to ensure that there is a responsible adult in the household. Such a figure must agree to a EULA that explains the process in thick legalese.

    I dunno, if they were to do it that way, it seems like an invasive operation, but hey, it saves Sony, their shareholders, AND the rental companies from the effects of a software-based solution, with only slight manufacture time/cost increase per disc.

    It would completely alienate anyone who would want to sell a second-hand copy, or buy one, but it would accomplish exactly what they want to accomplish. It would ensure that sales are final, rental sales are excluded from actual sales, and it would ensure that they get money from ALL sales and a portion of rental profits.

    Possible? I think so. At the PS3's price, anything can happen.

    --
    Screw the rules, I have green hair!
  83. Sony like Microsoft by oliderid · · Score: 1

    Sony looks like Microsoft without the brain.

    How many stupid things can you do when you truly believe that your loyal consumers will "never" leave you.

  84. Don't think they will... by SuperKendall · · Score: 1

    I totally agree Sony could sell every console until Christmas at that price, but I'll bet with all the negative press there's no way the company themselves will do anything like that though.

    I do imagine we'll see a lot of price gouging and similar ebay flurries, though it's harder for people to buy two when they are that expensive.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  85. Libel and republishing by DragonWriter · · Score: 1

    Libel is committed in republishing libels, not only in originating them.

  86. Yes but news story was correct by SuperKendall · · Score: 1

    Welcome to the news business. It's all about the story.

    The actual news story was correct (Anon source in UK claims Sony will not allow used games, industry experts think it is bunk). What I object to is Slashdot's fanciful retelling of the subject matter and subsiquent furor from gamers.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  87. OMG! Mod parent UP! by Anonymous Coward · · Score: 0

    Most insightfull post!! EVER!!..

  88. Sony? Hello? Are you there? by dbucowboy · · Score: 1

    What are these fools at Sony thinking? Just hearing that they WANT to stop game resales makes me not want to spend $600 on a PS3... Let's see... DRM, $600 PS3, Wii knockoff gyro-motion controller, want to make games unable to be resold... that pretty much settles it for me! Sony needs a good talking to.

    --
    This just in! 3 out of 4 people make up 75% of the population.
  89. JAJAJAJAJA!!!! XD by rafusmx · · Score: 1

    JAJAJAJAJAJA!!! XD

    now... that's really something, I have nothing aginst sony or PS3, but now they had come with something really stupid...

  90. Is Sony *trying* to kill themselves? by retro128 · · Score: 1

    First, you have the most expensive console on the market by $200. Then, the head of SCE rolls out and says the PS3 is too cheap, as if Sony is doing us some kind of favor by making the game console so "reasonably" priced. The games, pressed to the higher priced and rare Blue-Ray format, will likely be more expensive than the competition as well.

    Now, Sony is going to try to limit resales on top of that? This is corporate suicide 3DFX style. Sony thinks they can use their market momentum to shoo in the PS3, but I think they will find otherwise. There is no _way_ I would lay down 6 bills for a stinking game console. I could get a pretty loaded Dell with a 19" LCD for that.

    IMHO, it's the Wii that's going to dominate - $200, a back to basics fun game approach instead of PC shovelware, and a really innovative control system? Hell, I'm thinking about signing up for one of those...

    --
    -R
  91. Ugh. by whoseon3rd · · Score: 1

    Yet another reason why I will not buy Sony products.

    Seems like they are in the business to force others to there standards, and not customer service.

  92. Their legal expert is clueless by Anonymous Coward · · Score: 0

    The "expert in retail law" quoted in the story doesn't seem to know much about copyright and licensing.

    The game cartridge/disc and the game software are two different things and are subject to different sets of laws. As a result, it is possible to impose a legal restriction on the use of the game software that effectively guts the used market. Whether this makes business sense is another matter entirely.

    Transactions involving the physical object - the cartridge or disc - are governed by the chain of contracts for sale (and any applicable law imported by those contracts) between the manufacturer, distributor, retailer and end user. In most jurisdictions, each seller's rights in this physical object are exhausted once this sale occurs - if X sells a widget to Y and later X doesn't like what Y does with the widget, X has no claim against Y unless X reserved some contractual right to prevent X from doing whatever it is that X is doing with the widget. Furthermore, if X sold a widget to Y and Y resold the widget to Z despite a contractual term forbidding Y from reselling the widget, X can't go after Z - as X has no more property rights in the widget and no contract with Z, X only has a contractual claim against Y for breaching the restriction on resale. Thus, Sony (or whoever manufactured the cartridge/disc) cannot prevent the end user from reselling the cartridge/disc to a third party because there is no contract of sale between Sony and the end user.

    However, if the buyer proposes to play the game, the software - copyrightable expression - contained on the disc/cartridge will be copied (into console memory), which would be infringement unless the owner of the game copyright licenses this use of the software to the end user. The terms of this licence are governed by the EULA. The EULA is an agreement between the copyright owner (probably Sony, though perhaps the game publisher) and the end user. This agreement, a contract, does not come into being unless and until the end user does something like play the game for the first time. If a term of the EULA is that the licence is non-transferable, the end user cannot assign his/her contractual right not to be sued for infringement to a third party.

    Thus, if X buys a game and plays it, X is bound by the EULA between X and the copyright owner. If X decides the game sucks and wants to sell it to his friend Y, X can always sell the cartridge/disc, but he can't transfer his rights under the EULA if there is a term of that agreement preventing him from doing so. Y would have to approach the copyright owner and get his own licence; otherwise, Y would be infringing copyright.

    The effect of a EULA that prevents assignment of the licence is to kill the used market. No one will buy a used game unless they are willing to bear the risk of being sued for infringement (which reduces their willingness to pay for a used game) or just want to own a hunk of plastic or metal (which has very little value). End users remain free to sell the CD or cartridge, but the buyer can't (legally) do anything useful with it.

    If this report is true, there is a significant downside for Sony. Some people want to resell their games after they get tired of them. If they're prevented from doing so by copyright law and the EULA, they will be less willing to pay for the game in the first place. Thus, while killing off the used market may increase sales to people who would otherwise buy a used copy, it will also reduce sales to people who want to resell their copy at a later date. Depending on how the consumer preferences break down, Sony might actually be worse off.

    Bottom line - what Sony is alleged to be considering is no great abuse of copyright law. It sounds perfectly legal. Whether it makes business sense depends on other factors.

    Finally, whoever wrote the article needs to find an "expert" who actually knows the law.

  93. Here Sega Sega Sega by HTMLSpinnr · · Score: 1

    Will Sega use the failure of the PS3 to catapult themselves back into the market, or will Wii and XBox360 be enough?

    --
    $ man woman *
    -bash: /usr/bin/man: Argument list too long
  94. "The owner of a copy" by tepples · · Score: 1

    Yes, but what did you just purchase? The physical media

    Title 17, United States Code, Section 101, defines several terms used in the U.S. copyright statute. One of these is "copy", meaning physical media. State laws define "sale" and "owner". If I lawfully obtained the physical media in a "sale", then I am by definition "the owner of a copy" and am entitled to all the rights granted by the copyright statutes to "the owner of a copy".

    and a license to the copyrighted work on that media. Not a license to copy the work into your console's memory.

    Title 17, United States Code, Section 117, states the following:

    (a) Making of Additional Copy or Adaptation by Owner of Copy.-- Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:
    (1) that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner [].
    Copying the program from disc into RAM is almost certainly "an essential step".

    The situation may have changed with the DMCA (and foreign counterparts) and encrypted installers, allowing decryption of the installer to potentially count as valuable consideration for the rights given up in the typical EULA, but this legal theory has never been tested in a U.S. court.

    1. Re:"The owner of a copy" by spun · · Score: 1

      Nice research, but it doesn't amount to a hill of beans. Do a google search on eula upheld in court. Like I said, it sucks and I wish it weren't the case, but there it is. EULAs have been upheld by the courts, your interpretation of law notwithstanding. You can argue until your face turns blue, it won't change the law.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    2. Re:"The owner of a copy" by tepples · · Score: 1

      Do a google search on eula upheld in court.

      The issue is more complex than this. Google links to stories about the bnetd case. Creating bnetd involved a connection to Battle.net servers, which are Vivendi's private property.

      it won't change the law.

      So how do I go about doing so? No matter how many times I vote Libertarian and ask friends and relatives to vote Libertarian, they always lose.

    3. Re:"The owner of a copy" by spun · · Score: 1

      I was under the impression there was more than just the bnetd case. There's a guy here who has a "Eula upheld in court" link, wish I could find that...

      Libertarian?! Oh noes!!11! Libertarians are teh evil! Hehe, I kid, I kid. But I'm sure that's how some of my posts come across. Me, I'm a straight up anarchist of the socialist type, not the capitalist type. Property is theft! Small government? Great! No Coercion? I'm with ya. Inalieanable property rights? Yah lost me. But I'm not in the mood for a debate about Libertarianism right now, I just have to keep reminding myself that we aren't THAT different. ;)

      I wish knew how to change a lot of things about our political system. I've tried canvassing, protesting, direct action, even voting! Nothing seems to work as fast as I want it to... Sigh. I guess we just keep trying, eh?

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  95. Re:I told you so by Anonymous Coward · · Score: 0

    Fuck you too

  96. We Card by tepples · · Score: 1

    What is sony going to do, make a parent press "yes" to play the game so it is enforcable?

    How about requiring retailers to card all people buying a game restricted in this way?

  97. Multiplayer on one PC? by tepples · · Score: 1

    I do more gaming on my PC anyway, and I can make a PC now to do what a PS3 will do later, for about the same price and without the lunacy.

    Problem here is that most of the 4-player-on-one-screen games are console exclusives (e.g. Smash Bros.) or multi-console exclusives (e.g. Bomberman). And no, LAN games aren't an option for most families because the hardware costs $2400 for four players, and the software costs $160 per game because most require a retail copy per machine.

    1. Re:Multiplayer on one PC? by Anonymous Coward · · Score: 0

      Are you still spitting out that bullshit? Didn't you get pwned hard enough last time this came up?

  98. We Card by tepples · · Score: 1

    Where would the licence agreement happen?

    In the store, after you've been carded to make sure you're of legal age to enter into a binding contract.

  99. Ludicrous by Warlock7 · · Score: 1

    With entire companies that sprang up to create the resale market it's ludicrous for Sony to suggest that they would stop it from happening.

  100. WHAT!?!?! by Anonymous Coward · · Score: 0

    If sony does this (make u register the disc to the hardware and rend it usless on anyother system) I will NOT buy it, I am perfectly happy with my Xbox 360. I really like sony and their games but this is not only affecting profit, it hits us gamers HARD. So I guess sony doesn't want anyone to have friends, since afterall when I go to a friends house I bring my games, not my whole damn entertainment system. Now that I think about it that cvould actually hurt sales. There have been many occasions where a friend would bring a game over or let me borrow it, and I ended up liking it so much i actually went out and bought it. I was really looking foward to the PS3 but if this story is true, sony lost me asa customer.

  101. Game companies complaining of support? by Danga · · Score: 1

    many publishers are furious that they have to spend support money on consumers who have not actually contributed a dime to the company's coffers.

    How is this an issue? Sure, the person who bought the used game didn't contribute more money to the game makers coffers, but they still got that initial money from the original owner who WON'T be needing support anymore. So they lose one person to support and gain one, I think that cancels things out fairly.

    I also really wonder how much support console games really need. I would think that PC games need an huge amount more people supporting the games since both bug fixes can actually be applied to PC games and not really on consoles and also PC's can be configured completely differently and have software conflicting with other software which are issues a console does not have.

    All I can say to the game companies is quit your bitching you greedy son of bitches. If it was game copying they would have a leg to stand on but they have nothing to complain about here.

    --
    Hey, there is only one Return and it's not of the King, it's of the Jedi.
  102. BRAVO by Sir_Real · · Score: 1

    All I have to say to the troll that posted this is BRAVO. You have successfully fomented hate and slathering knee-jerkery by re-posting (yeah, it's not even a NEW troll) an old canard.

    I hope the herd got a kiss on the neck before they were lubelessly defiled. Tools.

    Sony can bite me too. So can every one of their stock holders. (That's the new democracy you know)

  103. Fools. by seanyboy · · Score: 1

    If they'd thought this through, they could have forced people into not being able to resell the games by making them unplayable until they've been "patched". Microsoft do this with windows, and many PC games makers already do something similar.

    "Yes, you can resell the game, but there was a couple of bugs in it, and without the verified update, you're only going to be able to play the first two levels."

    That way, you get to release software as "beta" (a good thing), you don't have any restriction on the resale of the physical media (good thing), but you enforce the one person, one full licence rule (good thing).

    --
    Training monkeys for world domination since 1439
  104. Blockbuster wont let this happen by jonwil · · Score: 1

    Think about how much money Blockbuster makes from rentals of PS2 games. They arent going to give up that revenue stream.

  105. Cool, by GaBTGurl · · Score: 1

    anoher reason for me **NOT** to buy a PS3!

    --
    Verveces tui similes pro ientaculo mihi appositi sunt
  106. I don't mind if... by Anonymous Coward · · Score: 0

    I wouldn't mind their attitude at all if they BOUGHT BACK the games from me. That way at least there's an inkling of fairness. I own the game, I should be able to sell it. If Sony doesn't want it to go on to another gamer, then they should be the ones buying it off me.

  107. I don't doubt this by Sir_Dill · · Score: 1
    Sony wants to be number 1. Sony also wants to control completely the technology, the media, and the content.

    They have been agressively persuing this since the betamax days and they have yet to really figure it out.

    Can someone name one benefit to memory stick that made it better than existing flash standards?
    How about why it took so long for them to make an mp3 player, but not first without creating a new compression standard.
    Or the battle for Blu-Ray? I am pretty sure that Sony sees the PS3 as the key to "beating" HD-DVD.
    UMD....lets sell lower quality, proprietary format for more than the price of a DVD(umm DUH?)

    Sony wants you to listen to your sony cds on your sony cd player and watch sony movies with your sony dvd player on your sony tv through your sony stereo. If they could get away with preventing you from using a non-sony approved product with any of thier products I whole heartedly believe they would. Thankfully even the most developmentally challenged of consumers wouldn't have this....I hope.

    I like most of sony's products, but I agree that they are completely arrogant and do not consider the customer to be the primary driving force behind product development. They have this attitude of we are sony and can do what we want and everyone will still buy our stuff because we are sony no matter how much we crap all over our customers.

    Now I don't doubt that Sony would love to be able to do this, but technically it would be very difficult and I think that the consumer backlash would really suprise sony.

  108. Hubris by Hootenanny · · Score: 1

    adj. (1) foolish pride, such as that shortly preceding a fall

    Etymology - derived from the Welsh word for "idiot"

    Nota bene - the great video game crash of 1983, shortly before which a prominent game executive said he could take a crap in a box, and people would buy it

    http://en.wikipedia.org/wiki/Video_Game_Crash_of_1 983

  109. We get it Zonk, you don't like Sony. by MJOverkill · · Score: 1

    You are entitled to your opinion; however, when posting an article to a blog site to inform others, you do not blatently mis-represent the article to fit your opinion of the subject. We have all seen your bias in your postings, but enough is enough.

    The article's title clearly states "Doubts Over Pre-owned PS3 Bombshell". The article is reporting on a RUMOR about Sony trying to stop used game sales. Of the three people quoted in the article, there isn't a single one who actually thinks Sony is going to do such a thing. Indeed, the three people quoted in the article all mention that they think the story is bogus. So why do you post a summary entitled "Sony May Try To Stop PS3 Game Resales", a title which conveys the message that Sony is actively pursuing this? The "from the because-we-can't-hate-them-enough dept." remark is just childish and uncalled for.

    I increasingly finding that I am ignoring the Game articles on slashdot because of this bias problem. If any other editors are reading this, please have a talk with Zonk over his posting habits.

    This is not a troll or personal attack, it's just a post to highlight a problem.

  110. CmdrTaco by Trogre · · Score: 4, Funny

    Why is Zonk allowed to post here again?

    Does every new site need a FUD officer these days?

    --
    "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    1. Re:CmdrTaco by jseale · · Score: 1

      Sounds like all the XBox fanboys out there have become Mr. Softee's minions and have orders from him to induce competitor-related FUD like this, scary thought.

    2. Re:CmdrTaco by Inda · · Score: 1

      What has happened to the 'do not feed the trolls' sign? Has it been stolen again?

      Every post, except your post and the one other about 'common sence' , should be deleted from this thread.

      And Zonk should be send to the timeout bin for posting shit like this every other day. I thought this sort of Slashdot crap had finished when Micheal left... Or maybe Zonk and Micheal are the same person..? I wonder.

      --
      This post contains benzene, nitrosamines, formaldehyde and hydrogen cyanide.
  111. This is a lie by kaffiene · · Score: 3, Insightful

    SCEE PR manger Jennie Kong blasted the rumor as " false speculation." "PlayStation 3 software will not be copy protected to a single machine but will be playable on any PlayStation 3 console,"

    The story is a lie. Clearly Slashdot editors hate Sony enough that any slander they come across is promoted immediately to a top level article.

    1. Re:This is a lie by fistynuts · · Score: 1

      I agree completely. Slashdot used to be a reasonable source of "news for nerds". Now it seems that anti-Sony "stories" are appearing every day, almost all of them completely unsubstantiated and incredibly biased.

      Slashdot: the Fox News of techy websites.

      --
      "You heard the man, Tubbs.. get undressed."
    2. Re:This is a lie by SalaciousPucker · · Score: 1

      The article is about Sony enforcing a no-resale license....stopping the resale outlets from doing their thing with PS3 games. The article is not about locking games to a single console, something Sony HAS denied.

    3. Re:This is a lie by Anonymous Coward · · Score: 0

      Much like any SCO or MS 'news' seems to jump to the top.

      I vote we need a new area. 'the hate some company area'

  112. Sony Benefits From Trades by Karr · · Score: 1

    Publishers and developers benefit substantially from the used game cycle. The vast majority of games are traded for NEW products. Stopping trades would remove millions of dollars of currency from the marketplace. Just imagine Honda trying to stop the sale of used cars because they don't profit directly from secondary sales. Not only would folks stop buying Honda's, their new sales would plummet when trades cease. It will never happen. They know very well that trades drive sales of their shiny new cars and that dealerships survive only from the extended margin of their used car sales. Yeah, they might get a small bump from the folks who can no longer trade used cars for other used cars, but that would pale by comparison to lost new sales. I wouldn't worry much about this one folks. Sony would be nuts to do this.

  113. They must expect to win big by bussdriver · · Score: 2, Insightful

    I bet a lot of upset people now will be impressed with something on the PS3 and buy one despite all this. They will not lose many customers over this stuff:

    1) Most people don't know
    2) Many who know will forget in less than a year
    3) Some /. people will forgive them when Sony gets some nice bait on their expensive hook.

  114. Well you never really did purchase that much by Anonymous Coward · · Score: 0
    Read the EULAs to all of the software you buy.. Basically all you ever really do is buy the right to run it in some capacity.


    It seems like Sony is really trying to flame out here. I can see their point, the government takes a cut whenever money exchanges hands regardless of whether "work" was done. Corporations pay taxes and then they pay shareholders a dividend which is then taxed again as income. Software companies have wanted a cut of that for ages. The music artists don't get paid for the used stuff, it's way more profit for the dealers, it's just like used cars.


    All things being equal, I doubt that this is a significant thing. A lot more games are kept than sold used. I still like the "safty net" that the used market provides, every now and then you do end up with a really really shitty game and just want to get rid of it. I don't sell many though and most people don't sell any, it's just more bad PR on what already looks like a PR disaster and maybe a lot worse.


    If I was sony, I'd go out and start giving a little first. Like if you buy a PS3 within 9 months of launch they will give you 5 games of your choosing. Or they'll give you the blu-ray versions of 10 of your standard Sony published DVDs or something. Right now I just see PS3 costing a lot and not delivering that much more than the competition (if it is delivering anything more than the competition.) I don't want MS to win but right now it's starting to look like PS3 isn't going to just lose but be a complete bust like the dreamcast. I could be an early adopter type but I don't know if it's worth the risk here.

  115. Consider the impact on Retail by daskro · · Score: 1

    Consider for a moment the impact this would have on video game retail outlets such as Gamestop/EB Games. Their largest profit margins (by an enormous factor) come from video game reselling. If this actually comes to light, I for one will be shorting Gamestop in the years to come.

  116. Not true overall by SuperKendall · · Score: 1

    I agree that parts of Sony deserve every bit of negative attention they have received (Sony-BMG) but I don't think the game making division is one of them. They have at least made some gestures to try and do the right things, like providing a Linux build for the PS3...

    And even the Sony movie people who I would kind of lump in with Sony-BMG generally have backed off supporting the ICT flag and thus pretty much forced every studio to follow their lead. They have given us all an opening to at least not have to adopt the onerous DHCP requiremnets for video.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  117. Remember the 'Emotion Engine'? by Anonymous Coward · · Score: 0

    "60,000,000 polygons", "Toy Story quality graphics", "games that will make you cry"? Sony lied through its teeth about the capabilities of the PS2, and the end result was the death of one of the greatest consoles ever, the Dreamcast.

    Sony did the same thing with the PSP and it's doing it again with PS3.

    Fuck Sony. As far as I'm concerned, they deserve all of the bad press they can get.

  118. "overconfident and arrogant market leaders" by Zhe+Mappel · · Score: 1
    It's too bad that this sort of thing nearly always happens to market leaders who become overconfident and arrogant.

    I agree with your post, but it doesn't appear Sony's PS3 SNAFUs have as much to do with confidence as fear.

    Finances reeling and hemorrhaging massive job cuts, Sony appears to be stuck with an extremely expensive bit of R&D that it can't afford to let go cheaply enough for consumers. The high MSRP is evidence enough of that, but now with the no-resale idea (if true) there appears to be a new attempt to make the consumer and retailers pay for Sony's fiscal misfortunes by locking in game sales.

    Even if the US economy doesn't soon enter a recession, the collapse of the housing bubble is predicted (by the WSJ, no less) to take roughly $100 billion out of the US retail sector this year. No more cheap-n-easy equity credit means lots of unsold $600 consoles and $60 games. Sony would do well to price and position itself for a contracting retail sector; instead, it seems oblivious. This all has the makings of a fiasco.

  119. The problem for Sony is: We believe it is possible by Nice2Cats · · Score: 1
    The problem for Sony is not this one single terribly sourced rumor, but that most people by now have no problem whatsoever believing that they might actually do something like this. After endless series of PR disasters, they've gotten themselves to the point where any new stupidity seems possible.

    Basically, they're screwed.

  120. Re:I told you so by Anonymous Coward · · Score: 0

    Nostradamus in da hizzy

  121. Sony need to pop down their local Gamestation... by Anonymous Coward · · Score: 0

    "Sony can theoretically sell a license to play the game, but the user would have to acknowledge acceptance of the license. You've seen this when you install software on a PC."

    Yeah, because that's totally stopped people reselling PC software and games once they've got bored of them, hasn't it?

  122. And you thought I was crazy? by xtracto · · Score: 1

    "The Inquirer has an interesting piece about a new Sony Patent on a technology that may possible prevent DVD disc media users from using their purchased disks in other machines after they have used them on a specific reader. Commentary also available on Joystiq. From the Article: 'While many are aware of the double profit companies make on pre-owned games, this would ensure the death of trading games between friends and even going to a friend's house to play a little multiplayer.'"

    You see? and everybody laughed when I was screaming that the end of the world was coming! =oP

    --
    Ubuntu is an African word meaning 'I can't configure Debian'
  123. First sale in Japan by achurch · · Score: 1
    There was a big lawsuit several years ago here in Japan over whether it was legal to sell used games, with the game companies relying on the "movie" part of copyright law (from the Berne convention, so I think it's the same in the US) that prohibits redistribution of movies in particular without the owner's consent. In 2002, the Supreme Court said (in Japanese only, sorry) that the "movie" rule only applies to true movies shown in movie theaters, and that for games, the right to distribute terminates with the initial sale of the game.

    It seems like Sony is trying to use the concept of a "license" to get around that, and I don't think either the used game stores--who brought that lawsuit in the first place--or the courts will look favorably on that. (If nothing else, I'd take it up with them, assuming I bothered to get a PS3 in the first place.)

  124. PS3 to be like that disposable DVD thing? by Anonymous Coward · · Score: 0

    So Sony now wants the PS3 to be just as useless as those disposable DVDs that Best Buy tried to get people to buy?

    Everytime Sony opens their collective mouth - the Wii and XBox 360 looks better and better.

    Sony reminds me of Atari in the bad old days, when they self destructed and lost their multimillion dollar market space.

  125. This is nothing new in Japan by Hachima · · Score: 1

    This concept isn't new in Japan. Looking at my old 1999 Japanese copy of 'Final Fantasy VI' from 1999 it says in English "FOR SALE AND CONSUMER USE IN JAPAN ONLY. COMMERCIAL USE AND RENTAL ARE PROHIBITED." The Japanese text basically says the same but also says it can't be sold used. There are still a ton of second hand video game stores in Japan. Not all software lists it as being prohibited so they are still able to stay in business.

  126. Re:But can Sony's deny-ers be believed? by LordWill · · Score: 1

    Sony also directly denied the existance of the rootkit DRM at first. Then they managed to make other stupid PR moves before coming clean. At best, they appeared uncoordinated internally. So, they are a little overdrawn in the credibility bank acount.

    Such a rumor is easy to believe since we all know that many a company would love to stop resales. The notion of making more money without doing any more work is a favorite in big corporations. After all, who wouldn't like that?

  127. Some rambling on this topic... by WWWWolf · · Score: 1

    I'm a game collector. I'm a collector that actually plays games rather than just collecting for the sake of collecting them; thus I'm not particularly concerned about condition of the games as long as they are in good enough condition to work in somewhat foreseeable future. As such, flea markets and second-hand stores are good sources for games, and I'm happy for every cool game I've found there. A lot of games I have come from second-hand market, mostly because the current games have so amazingly short shelf life that I just can't grab them when they're released and it's often easier to find an used copy from a local store, than order a new one from some God-forsaken store online.

    If they try to stop me from playing second-hand games, I won't be getting this console then. That just means I can't find the games I'm interested of unless I'm really really lucky. No used games = More pain to find the games I'm interested of.

    Also, I can't see why the heck would the game companies not like second-hand game sales. For example, it helps reduce piracy. I've often been playing a ROM, until I do a tiger-leap to grab a copy of the game in question from a flea market. Whoops! I then have a fully licensed, authentic copy. If they're claiming that's not so, then I justly claim there's Something Very Lunatic Going On and they're not really doing what's in their best interests. I just got a copy of the game! Real media, real manuals, real box! Are they claiming the thing somehow turns into a non-legit copy if you sell it? Are we witnessing the miracle of, er, reverse... transubstantation in corporate setting, or something? How do I tell the difference anyway - a while ago I bought an used game and it was definitely physically indistinguishable from a new game, aside of the price tag that was 10€ off the usual prices and said "Used", too. It was in pristine condition. What if the store had lied and charged full price? They could have done that and I would have never noticed, the game was in so good condition...

    OK, enough rambling... I can't seem to get anywhere today.

    <fanboy type="nintendo"> Not that PS has that many interesting games anyway... =) </fanboy>

  128. Wait! They get this! 'Leasin the junk is next! by Anonymous Coward · · Score: 0

    The fat lady ain't sung yet! Not by a long shot! Wait! Sony is not through tryin
    to grab and growl. Next thing they want is to be able to lease their junk for a term, then demand and recieve unfettered use of your credit card for further permission to use 'their
    licensed material'. If the tech exists to enforce no reselling, that same tech can also
    be used to deny access until payment is recieved. They could conceivably lock up your Piss3 itself for any use whatsoever based on the same methodology. Guess revenue from MMORGs must be fallin off or the hogopolistis would not be workin overtime whilst thinkin up grabs. Bottom line is ....get rid of every SONY product you own. Now!!
              Alons Enfant de la Patria, Le Jour Del Gloire Et Arrive!!

  129. Concentrate on the positive by ianscot · · Score: 1
    I tend to like games/movies/music that aren't wildly popular, where the future production of them depends on how many new copies are sold.

    ...I hate getting used CDs/DVDs and finding out they're scratched... I refuse to contribute to the strategy of e.g. EB/Gamestop/Blockbuster, where they buy something used and then turn around and sell it for much more.

    We can respect these reactions, they're awake and well-intentioned. My advice to you is to concentrate on the positive feelings you get from supporting the small publishers and indies you like. Don't try to spin from that positive feeling a coherent (read: dogmatic) position about the evils of the alternatives, though. It's not working, for you or Sony.

    Your posts here are sort of like a microcosm of Sony's approach, actually. Instead of giving us a way to feel good about their buying model and products and so on, they're attempting to re-assert control with a great big "Bad Dog!" to people who do things differently. They don't remind us of any rewards for buying things new, or come up with ways to encourage that; instead they're coming across as control freaks whose punitive approach we have no positive reaction to at all.

    Sony, like you, is trying to rewrite the rules to make people who disagree with them actually criminal, as opposed to simply encouraging their customers in the direction they want. Pretty wrongheaded, isn't it? It doesn't have to be that way.

    --
    "Fundamentalism" isn't about divine morality. It's about human authority.
  130. FFXI registration by jzuska · · Score: 1

    FFXI on the 360 effectivly stops this type of reselling by requiring registration online. Probably wouldnt work without the game requiring online access for the rest of the catalog.

  131. Remarkably Unbelievable by LoudMusic · · Score: 1

    I can't imagine anyone attempting such a license. No wait, Microsoft did it. Well no one else anyway.

    And besides, in my circle of friends we just pass games around anyway. If everyone buys 10 to 15 games and you have ten friends, that's well over 100 games.

    Buying or selling used games never really made sense to me anyway. The money you get from a retail shop for a used game is a joke. And the price break buying them used isn't worth the hastle of replacing the book with a disk full of scratches.

    --
    No sig for you. YOU GET NO SIG!
  132. Steam by Satertek · · Score: 1

    I believe this myth has been debunked but nonetheless:

    This would work out in a very similar way to Valve's Steam. With Steam, you buy a license to play the game, a license that isn't transferrable. I've heard tons of complaints about Steam, but I don't think I've ever heard this one.

    Could the reason just be that the games currently on Steam are mostly all 'must-own' games with tons of replay value that people just have no interest in selling?

  133. Facts, why did have to be Facts? by WinPimp2K · · Score: 1

    That is what Indy really said when he looked into the tomb. That bit about snakes was just Lucas and Spielberg practising for what they were going to do to Star Wars and ET when they re-released them later.

    In other words: turn your fricken silliness detector back on. I recommend a brief application of a Sequoia class cluebat to jump-start it.

    --

    You either believe in rational thought or you don't
  134. MMOG by airos4 · · Score: 1

    Everyone is reacting to this like it's something new. Go ahead, buy an Everquest 2 set. Play it for the free trial month, decide it stinks, and close out your account. You're now stuck with the fifty dollar game media, because sure - you COULD sell it on Ebay - but that "account key" is forever bound to you even though you had a "free trial" ... Sony's not unique with that, btw.

    --
    I wish there was a choice that said "Factually Wrong -1" when I mod.
  135. ...update, for the love of God by zeeroj · · Score: 0

    This rumor has been entirely denied about 50 times by Sony now in official statements. PLEASE update the article, this is just stupid.

  136. Easy Way For Sony to Enforce It by Anonymous Coward · · Score: 0

    Actually, technologically there is an easy way to enforce this, and if not done this generation will surely be done next generation. We know that Sony proposed this very idea for Blu-ray, that each player would have to be permanently connected to the internet, and would check with a central server before playing anything to see if it was a legit copy. This requires unique identifiers on each disc - easily done during manufacture, and a unique identifier number for each console - easily flashed in at production also. Then, the server gives permission based on the consoles identifier and the disc being requested to play, and it locks together those two numbers the first time that disc is played. Try to play that disc on any other system and you'll get nothing. This kills the 2nd hand market immediately, and ostensibly prevents copies and pirating.

    Now for the obligatory: Sony's going down in flames because of this.

    But actually, I'm giddy at all the missteps Sony's done lately, been waiting for them to be humbled since the PSX! Muwhahahahaha ;P

  137. The other option by NameCritic · · Score: 1

    Sony is also considering another option it's engineers have suggested. Making the game system and the disks so large that resellers would have a hard time stocking many games in their inventory. http://www.blogs.pn/images/computer/giant_gameboy. jpg

    --
    Chris McElroy aka NameCritic http://www.blogs.pn