Sony 'Anti-Used Game' Patent Explored
Sometime in 2000, Sony patented a process that would 'verify a disc as legitimate, register the disc to that particular game console, then wipe out verification data so the disc would be rendered unreadable in other PlayStations'. Despite unrest in the gaming community over this technology, the company has repeatedly stated they have no plans to use it in the PS3. The LA Times explores this persistent debate, examining why Sony developed the tech and why gamers are nervous. From the article: "Whatever Sony's plans, the tempest [over the patent] illustrates the changing nature of ownership as millions of people accumulate vast collections of digital entertainment. Few people realize that when they buy software or music or movies, they are actually buying a license to use, watch or listen. That's why it violates copyright laws for people to sell copies of their music collection." Thanks to 1up.com for the link.
Maybe because this completely kills the rental business? I for one haven't bought a game in a long time, but I have rented a few...
Perhaps it is time to rethink the current legal method of digital ownership. Copyright laws, even the most current ones that lawyers attempt to enforce still are based on earlier, non-digital cases.
While precedent has its place, maybe it isn't the best method of deriving new laws.
I don't get why the bothered patenting this, they will not, and could not, use it. People would leave the company and it would die instantly. going round to a mates house "oh, I got this ace game, but my PS3 is too big to carry with me and it won't play on yours... but we can look at the box". Not only that second hand games are a great source of revenue (despite what some people think). Over the last 2 days I've traded in about 6 games and bought two new ones, one itself was second hand (metriod DS) the other was new (new mario DS). So nintendo has really won because they get a sale they otherwise wouldn't have had and when I eventually trade in metriod/mario I might buy another new game... the market keeps going. They might not make as much money because people aren't always buying from them, but for me, if I didn't do that they wouldn't have got anything. Besides, I'm now going to buy a Ninty Wifi adapter for my DS so I can play online (even though it doesn't work on linux) so they will get even more money.
*''I can't believe it's not a hyperlink.''
Right. If I'm buying this license, I feel I should be entitled to my purchase for the duration of my life. I had my car broken into twice in 6 months, losing tons of CDs. I should be able, as a licensee, to receive a replacement copy of all those CDs.
I also would point out that the article is wrong when it says that it's illegal to sell used music. It is perfectly legal and quite commonplace. Caselaw and 17
USC 109 make it noninfringing to do so.
FWIW, she said selling COPIES of your music collection is illegal.
That's no different than the XBox Live Arcade.
And, more importantly, the Wii's form factor is TINY, so it's pretty easy to move to, say, a friend's house to play one of the downloaded games.
Slow news week for consoles? WHy not dredge up an older anti-Sony story - no need to worry about it being killed already by Sony previously saying they wouldn't make use of this technique. Bring it up again so that people will THINK they will!
It's all about the FUD and this is the minimum weekly dose.
"There is more worth loving than we have strength to love." - Brian Jay Stanley
I couldn't agree more.
I'm on my third Playstation 2 right now, and if I had to rebuy the games every time I got a new console, I'd have some yelling and screeming to do.
First PS2 was stolen when I was moving out of the dorms in college.
Second PS2 (which I bought I week before, replacing the first PS2) broke. I was living in a hotel for a summer internship and the maid service that came through knocked it off the desk I had it on.
Its not what it is, its something else.
Why this is an issue at all is because Sony simply isn't trusted any more by just about everybody! We don't believe what they say they'll do, that they'll keep any promises that don't have their feet held to the fire, or that they won't try to screw us out of every list dime (pence, lira, yen, won...) in our pockets. That's why this is an issue despite any and everything Sony says to the contrary.
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
So, nobody thinks that this might be used for developmental purposes or beta testing? Perhaps for developmental systems (and software for a dev machine) or for beta testing? That's always been my first guess on what the purpose of this was.
Treat the consumers with respect, and honesty. Ninety-nine percent of them will treat you with money! (The other one percent you really don't (or shouldn't) give a shit about anyway.)
This just might be my new favorite quote.
Sunwalker Dezco for Warchief in 2016
A license can dictate that, but a sale cannot. You didn't buy a licence, for a license is a contract. You picked up a box, put it on the counter (real or virtual) and exchanged money for an object. You can do what you damned well please with it (provided it doesn't violate any other laws).
The digital realm has offered companies the opportunity to claim that you are only licensing the content, not purchasing a product. That's a legal battle yet to be fought, but given the dollars and players involved, I foresee first sale doctrine being nullified - at least for all digital works - within the next decade.
Is it just my observation, or are there way too many stupid people in the world?
Treat the consumers with respect, and honesty. Ninety-nine percent of them will treat you with money! (The other one percent you really don't (or shouldn't) give a shit about anyway.)
Huh? You're saying Napster and P2P was starting because the consumers felt like they got dissed yo... give me a break. People want free shit. Bottom line... they'll pay for it only when getting it free isn't worth it (e.g. AllofMp3). Consumers, on the whole, could give a shit about copyright owners... they only care about whether or not they'll get caught.
How many times do you see commercials for movies that say "own it on DVD". Of course the average person doesn't realize it's just a license when the ads lie and say you own it.
Well, duh. Staying current on ever-shifting rules is virtually impossible
/. bitch saying "Oh this person had a submarine patent for 20 years and is only now sueing because he can make millions", but here we go the electronics industry is actively sueing NOW, not waiting 20 years. They have a right to do so. Not to mention the people they are sueing are no customers of theres they are stealing their property. They are not sueing some kid who bought a CD and made a legitimate backup, they are sueing the kid who decided to upload his entire cd/movie/music collection to anyone with a torrent downloader.
Not that duh actually. Copyright laws are not new, and neither is laws against copying games, movies, and more. For many many years now (since VHS) there have been the FBI warning at the start of the movie warning against copying or playing in non-private use. For years people have heard about intellectual property laws.
It's not that people dont know about it, it's people don't care about it. As long as people think they will not get caugh (and chances are a person won't) then they will continue to break the law.
The electronics industry is seemingly insane with their obsession to beat down their consumers
No, they are defending their IP which is there right. How many times do people on
We did have a blast the first day with the phones, and even found a couple of trick ways to get our own customized dial tones to the phones without paying for downloads. But, aha, Verizon was on to those tricks
I hate verizon for their drming of the V710 bluetooth, for their ringtone policies, etc....and you know what I have to say to anyone else who hates them - change carriers. There are plenty out there. Breaking any contractual agreements (I would imagine verizon has an anti-hacking agreement) is wrong. If you sign an agreement (and you did when you bought the phone) then own up to it. If there was a EULA, then either agree to it or return the product for a refund (which you have 30 days to do so).
Treat the consumers with respect, and honesty
They are honest. All their terms are in their EULA, contract, etc. If you didn't read it then that is on you, not them. As for respect, when you give them respect - you know by not breaking their TOS - then they will give you respect by not sueing you into the ground.
But go on, live behind the shelter of anonymity.
I mod down so you can mod up. Your welcome.
FTA: Few people realize that when they buy software or music or movies, they are actually buying a license to use, watch or listen. That's why it violates copyright laws for people to sell copies of their music collection."
No, no, no, how can the LA Times get something so basic so wrong?
Buyers of legal copies of copyrighted works are buying the physical copy, and have a right to sell that legal copy to someone else. A book, a CD, a DVD, an Excel CD. It is called The Doctrine of First Sale.
Sony would of course prefer that you didn't know this. But now you do.
If you don't like the way Sony is implementing something they wish to sell you, uhm... don't buy it.
Down with the career politician! SUPPORT TERM LIMITS
Few people realize that when they buy software or music or movies, they are actually buying a license to use, watch or listen. That's why it violates copyright laws for people to sell copies of their music collection.
Fine. But there's a big difference between selling copies of CDs (or games) in your collection, and selling the only original copy. I've heard rumors for a while that RIAA, MPAA, and other groups were planning on going after the used music/movie/game industry. Since when are you required to own a product for life once you buy it? As long as you transfer all copies/licenses to a new party, you should be able to give or sell any media you have purchased to someone else. And there is no reason why record companies, game publishers, or movie studios deserve another cut of that purchase price (I've also heard rumors that record companies are trying to squeeze some percentages out of used music sales). This is getting ridiculous.
My point exactly... consumers don't care about copyright owners. You'll notice that the rootkits came out after Napster, after P2P, after computing technology made it extremely easy to make exact digital copies in seconds. I'm not giving the big media giants a pass... they suck... but that doesn't justify violating their copyrights from a legal standpoint. Your just making justifications... admit that you violate copyrights, admit that you don't care that you violate the law, and move on... but don't be a puss and try to justify your actions w/ lame arguments.
Now, when I was a kid, I pirated shit left and right. Why? No money. I'm older now, I know better, and I can and do buy most things legit.
See... this againt is my point. It really isn't about sticking up the artist. It's about justifying your copyright violation. You don't have money or don't have a lot expendable money so you choose to pirate. Nothing changed in the music industry between then and now that somehow made it far better for the bands (although this whole "the band gets screwed" argument is played out).
I agree that big business copyright holders have had their interests pushed too far... I'd like to see the public domain expand and copyrights be limited to 30 years. But that doesn't justify copyrigh infringement.
Be man, and just admit that according to your ethic if you want something that's copyrighted it's ok to just take it.
You're right... you would still own the license. That whole thing about customers not owning the game could actually come back to bite them in the ass. In fact I'd wonder whether they'd be allowed to even charge a replacement fee? It's not as if the media or license is problematic, it's the thing that tied the license to you - something that couldn't possibly have been your fault when it dies. Arguably they'd also be forced to replace scratched discs, since the game continues to be their property and thus their responsibility.
How are sites slashdotted when nobody reads TFAs?
I don't buy Sony products.
(Not flaimbait, I'm quite serious.)
It's true no man is an island, but if you take a bunch of dead guys and tie 'em together, they make a good raft.
EULAs have already been thrown out the window by our consumer laws (too wordy, not understandable by non-lawyers, thus not binding. Case closed). Our consumer's rights lobby is pretty strong here, I'm just hoping they'll sooner or later catch up on the issues of software, licensing and "purchase or non purchase".
That battle shall be fought with the lawyering equivalent of tac nukes, I predict. I'm getting the popcorn ready.
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
Even though Sony itself says they don't plan on using this technology, I can think of a couple of other reasons they may want to have patented it.
1) Altruistic reasons. Sony is a nice company and they don't want other companies to screw their customers in this fashion. (My opinion: unlikely)
2) Licensing revenue. If other companies want to screw their customers in this fashion at least Sony will get a cut of the action. (My opinion: very likely)
Shop smart, Shop S-Mart.
It used to be legal to make unlimited copies for personal use. e.g. backups, high-use situations where the media could be damaged, copies for work & the car, etc. Since the DMCA we lost this right as long as there is encryption involved. Expect all future media to have encryption, so backups are no longer legal. Copies for the car or for work no longer legal. Giving children throwaway copies to chew on no longer legal. Copyright laws have changed. Many times. Including recently. We're losing rights like crazy, the public domain stopped growing, and I don't think it's fair.
Man, you really need that seminar!
Perhaps someone can educate me here. I question the fact that when I buy music, movies, or a console game I am buying a license.
I understand with software, there is a license. There is a nice(sarcasm) little EULA window that explains the license. When I buy a movie, music, or console game there is no license anywhere that I can find. I certainly do not sign anything or even click an "I agree button." I do understand that I am not at liberty to distribute copies of those, but that is in no way because I agreed to a license for that. I am aware of copyright laws that say I have to have a license authorizing me to distribute copies.
Furthermore, while I am bound by law(not any license I know of) not to distribute copies, there is nothing wrong with me selling or loaning my original disk to anyone. I am not transfering a license, so far as I know, I am transferring a physical item to which certain laws passed by Congress apply.
Once again, this does not apply to actual software, but I have never willingly agreed to any license for any music, movie, or console game I have ever bought. If they think I am, and that license is in any way more restrictive then "You will not distribute copies of this item or parts thereof and, in general, accept the copyright laws", then I will never again buy cds or DVD movies (console games may still call to me....).
Can anyone clarify if there is actually a license and where I might find the exact terms?
b) You might want to fix the link in your sig.
It's hard to be religious when certain people are never incinerated by bolts of lightning.
I repeat: What fucking license?
What papers did I recieve? What papers did I sign? Just where in this huge universe can I actually find this license you are talking about?
The answers are ofcourse: No, no, nowhere. So what license are you guys even talking about?
I buy it. The game is mine. Sure, the copyright ain't, but that's an entirely different matter. The game is mine, I own it. Stop perpetuating this goddamn bullshit. Stop being the entertainment industries bitches who are mindlessly brainwashing people who still know better.
I don't know how stuff works in the US, but here in Norway if I buy anything, it is mine. Anyone trying to pull any tricks on that, can be taken to court.
As it should be.
Repeat after me: There is no license.
This might be mod'ed down to GNAA levels. I don't care. I have plenty of karma.
Not Buzzword 2.0 compliant. Please speak english.
>> register the disc to that particular game console, then wipe out verification data so the disc would be rendered unreadable in other PlayStations.
So what happens if the console breaks or its CD drive wears out and you have to buy a new one? all of a sudden you can't play your own collection of games anymore, even though you've bought a licence to use the software.
The article itself is right about the potential, but consider the many, many replies here that are basically thinking the PS3 is going to include this for sure - despite repeated assertions from Sony they are NOT using this patent in the PS2 or PS3!
Even the writeup was actually not too bad as it mentioned that. But why bring up the whole topic at all when Sony has said repeatedly it is irrelevant? In the end, again as the comments show, they main result is to make many people think this is what Sony is going to do.
I'm not a Sony fanboy, I enjoy other gaming systems as well and think the 360 is actually pretty good. What I do not like is article after article spreading mindless fear about what brand of Evil Sony is up to today. I'd feel the same way if a similar unbalanced view of the Wii or even the 360 was presented - however there is no need to write such a response because you will not see word one against the sainted 360 here on Slashdot.
"There is more worth loving than we have strength to love." - Brian Jay Stanley
Then their changing it from a purchase to a license has no validity. I buy a box, if that box has a note in it stating after I have paid for it that I did not buy it, the note means nothing.
Of course, this assumes rule by law not by social position, and I leave it to the reader to decide whether our courts rule by law or by social position.....