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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.'"

67 of 423 comments (clear)

  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 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?
    5. 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.
    6. 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.

    7. 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.

    8. 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.

    9. 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
    10. 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?

    11. 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)?

    12. 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.

    13. 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

    14. 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.
    15. 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!
    16. 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"
    17. 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!

    18. 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.

    19. 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."

    20. 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?

    21. 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"
    22. 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.

    23. 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
  2. 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 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.
  3. 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 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
    3. 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.

  4. 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!
  5. 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.
  6. 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 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?

    2. 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.
  7. 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
  8. Analogy by 99BottlesOfBeerInMyF · · Score: 2, Funny

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

  9. 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.

  10. 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/

  11. 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.
  12. 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?
  13. 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!
  14. 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!

  15. 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
  16. 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.
  17. 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?

  18. 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.
  19. 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.

  20. 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
  21. 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
  22. 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.

  23. 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
  24. 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...

  25. 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 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.
  26. 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.

  27. 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."
  28. 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.
  29. 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?

  30. 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.
  31. 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.

  32. 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?

  33. 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!
  34. 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
  35. 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.

  36. 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.