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Game Devs Using One-Time Bonuses to Fight Used Game Sales

ShackNews reports on an emerging trend which sees game publishers offer one-time bonus codes to unlock extra content for certain titles. Rock Band 2, for example, comes with a code which will allow free 20-song download, but is only usable once. NBA Live '09 has functionality to update team rosters on a daily basis, but will only do so for the original owner. "'This information and data is very valuable and it wasn't free for us,' an EA representative explained on Operation Sports. 'T-Mobile is paying for it this year for all users who buy the game new. This is a very expensive tool to use, and if you don't buy it new, then you'll have to pay for this. It isn't greed at all.'"

229 comments

  1. Better than root kits by the+eric+conspiracy · · Score: 5, Insightful

    This is not only aimed at the used game market, but pirates as well. Personally I'd rather see this approach than a root kit and a limited number of installations.

    1. Re:Better than root kits by Majik+Sheff · · Score: 5, Insightful

      Agreed. Incentives to encourage the desired behavior are much better than punishments based on the assumption that all of your customers are hostile.

      --
      Women are like electronics: you don't know how damaged they are until you try to turn them on.
    2. Re:Better than root kits by Darkness404 · · Score: 2, Insightful

      How is it? Think of how this work with a game? For example, you buy the game and get, say, one limited edition weapon with the code, your computer crashes, and that weapon is lost unless you buy the game again. Sure, the game is still playable, but you still lost something when your computer crashed (other than your saved game of course). Then the problem would be worse for MMORPGs where, if you got a limited edition item for using the thing on your own computer, and that computer crashed, it could severely mess up the economy (then again though, most MMORPGs are subscription/serial-code-account based, so the game would just be downloaded for free off the game's website)

      --
      Taxation is legalized theft, no more, no less.
    3. Re:Better than root kits by ccguy · · Score: 1

      If only they took this approach with porn...

    4. Re:Better than root kits by Anonymous Coward · · Score: 0

      territory
      typewriter

    5. Re:Better than root kits by retchdog · · Score: 4, Insightful

      The chances are pretty high that by the time your computer crashes, the items will all be packaged into a bargain-priced Game of the Year edition or whatever, or even a free download. If not, you can probably get customer service to help you out once or twice if you have the serial #.

      For an mmorpg, your inventory is stored on a remote server anyway, so...

      --
      "They were pure niggers." – Noam Chomsky
    6. Re:Better than root kits by narcberry · · Score: 5, Insightful

      These incentives don't work.

      1. Good boys and girls get a bonus for being good.
      2. Bad boys and girls figure out how to also benefit from these bonuses.
      3. Devs panic and institute some ridiculous mechanism that typically only hinders the good boys and girls.

      Example:
      1. Everyone that purchases a new copy of a game at release will get a bonus 5 maps.
      2. These maps are quickly torrented and now everyone has them.
      3. Devs ban these 5 bonus maps from play with a game update. Only players that download and install a EULA-breaking crack will still be able to play these maps.

      --
      Modding me -1 troll doesn't make me wrong.
    7. Re:Better than root kits by EvilRyry · · Score: 3, Insightful

      Ever pull the Atari/Vectrex/Nintendo out of the basement to relive some memories?

      Not to mention if the game happens to be for your XBox360 you could find yourself missing that first owner bonus sooner than you think!

    8. Re:Better than root kits by toleraen · · Score: 0, Offtopic

      So backup your saved games then. Not too tough to do. Anyone that's played video games for more than a month knows to do that.

      And what the hell are you talking about with MMOs?

    9. Re:Better than root kits by Anonymous Coward · · Score: 0

      Note that all of these "bonuses" are for console games are are much, much harder to pirate and crack. PSN and Xbox Live keep you from ripping and sharing the downloaded content, since its usage is tied to the user.

      No one suffers here but those who buy used games. If they put it in the box that there is a "one-time use code for added content!" then they're golden.

    10. Re:Better than root kits by Anenome · · Score: 5, Insightful

      Problem with this is rooted in a basic economic error. The value of an item also, in part, is due to its resale value. The more publishers degrade the resale value the less the item is worth upfront. This is why attempts to outlaw used game sales, or demonize outlets that resale games don't have a leg to stand on. This method of devaluing only the resale value to the secondary market will still have an impact on the upfront price. Games will be worth less to buyers because of a move like this. Therefore, games will sell less than ever. Which will create a vicious cycle because publishers will likely conclude that they need to take even stricter measures against piracy, when the truth is they simply devalued their own product and would see more sales without the restrictions.

      --
      "I Don't Have Enough Faith to be an Atheist"
    11. Re:Better than root kits by Anonymous Coward · · Score: 0

      I disagree. This does NOTHING to pirates. You can bet that pirated versions of the game will end up having said "bonus" material already patched in. And what's better, people using the pirated version won't have to worry about losing their precious 1 time only "bonus" material. If it's something for the game itself, just freaking well include it on the game disc.

      And for the record, there is NOTHING wrong with buying a used game. Certainly nothing that means you need to be denied the full game experience. This is just an attempt to kill off our right to be able to resell our games, just as much as having limited activations. Only in these cases, rather than stepping in to say "sorry, you can't activate this." they just make sure the game is outright less valuable.

      Personally, I'm staying away from these kinds of games as much as I'm staying away from DRM crippled games.

    12. Re:Better than root kits by Anonymous Coward · · Score: 1, Interesting

      in that case I'd like my Murky please.

    13. Re:Better than root kits by lysergic.acid · · Score: 1

      disincentives don't work either. at least this won't alienate customers if it doesn't work. also, the end of your example demonstrates the problem with the disincentive-based approach, not with the positive incentive-based approach.

      i'd much rather developers take this tact than to make it illegal to sell used games/CDs/DVDs. at least this doesn't encroach on fair use rights and doesn't take an anti-consumer attitude.

    14. Re:Better than root kits by Pig+Hogger · · Score: 2, Insightful

      The more publishers degrade the resale value the less the item is worth upfront.

      Yup. This is why people are far more willing to plunk down $24,000 for a Toyota than $21,000 for a Ford 6000-SUX, because they know that in 2-3 years, the used Toyota will fetch $5000 more than the Ford.

    15. Re:Better than root kits by lysergic.acid · · Score: 3, Insightful

      what you're saying makes sense, but it's more complicated than that. i mean, resale value is a huge factor when it comes to cars, homes, and other large items that people frequently resale and also put a lot more thought into purchasing (and negotiating the purchase).

      with gaming, it's almost an inelastic demand. if you want a particular game, there's only one publisher. you can't substitute a competing product for it. and all mainstream game publishers pretty much have the same general anti-consumer attitude. so it's not the same as buying an Honda/Toyota instead of a Ford/GM because imports have much higher resale values than domestics. that kind of decision-making process doesn't factor into game purchases. there's also less of a market for used games, and this is due to cultural as well as legal factors.

      think about diamonds and engagement rings. the De Beers cartel has launched one of the most successful (and insidious) marketing/advertising campaigns in the history of consumerism. not only did they inject their product into our cultural institutions and traditions (diamond engagement rings are a relatively new phenomenon in the history of human marriage), but they have also gone as far as to manipulate our cultural values to suit their business model.

      the whole "a diamond is forever" commercial campaign was tied into a much larger marketing campaign aimed at stopping the resale of diamonds. De Beers works very hard to control the global supply of diamonds to create an artificial scarcity which drives prices up, but that would be undermined if the market were flooded with second-hand diamonds. so in order to combat this, they came up with the "a diamond is forever" slogan to discourage people from buying or selling "used" diamonds. so instead of mothers passing their diamonds down to their daughter, or to their son to give to his fiancée, men and women are encouraged to purchase brand new diamonds as a symbol of their "eternal" love for one another.

      the result of this marketing campaign is that used or second-hand diamonds have very low resale value. consumers don't want to buy used rings or jewelry. because of the lack of demand for them, De Beers is able to purchase up all of these second-hand diamonds, re-polish and re-set them, and then sell them as brand new diamonds at the artificially inflated prices. so in the end, this intentionally reduction of resale value add huge profits to the cartel's monopoly.

      with games, it's not quite so extreme, but there's still a socialized reluctance to purchase used games. i mean, everyone wants the latest and greatest gaming title. no one even wants to buy a 2-year-old unused game from the bargain bin. except for legacy systems and hardcore gamers, there's very little demand for refurbished games. it's just not even a notion gamers are accustomed to. most people aren't in the habit of shopping for used games the way that people shop for used cars. so in the end, the negative impact this one-time bonus policy might have on resale value won't really make much of an impact on market demand.

    16. Re:Better than root kits by Anonymous Coward · · Score: 2, Informative

      Your problem is easily solved by accounts.

      I install the game, activate it to my account, register my code to my account, then any time I reinstall as long as I re-use the same credentials everything stays unlocked.

      Granted once you start tying things to accounts you get into a whole different can of worms of resale prevention, but theres no reason you cant allow disk re-use.

      Really I wish more things were stored based on accounts. A good example of failure there would be Call of Duty 4. In that game you have to unlock the vast majority of weapons and abilities, and even if you bought it with steam you'll lose everything you unlocked if you reinstall.

      Meanwhile over in Team Fortress 2 land, anyone on my account has what I unlocked. If Valve wanted, they could very easily make a "unbound from account and re-gift this game" feature.

      As for MMO's.. WoW, the most popular by a large margin MMORPG, does that all the time. If you buy the collectors edition you get a special code that unlocks a unique in game pet and some other trivial things. Again, it all gets tied to the account.

    17. Re:Better than root kits by TehZorroness · · Score: 1

      The only problem here is that the desired behavior is that we dont redistribute our games, even the copies that we paid for and own (FUCK EULAs, the courts have decided that the first sale doctrine prevails!). You have every right to sell or give away your copy of the game when you get bored of it. You still can't do this and keep the proper functionality intact.

    18. Re:Better than root kits by PunkOfLinux · · Score: 1

      So just add a disclaimer - "this is missing certain features due to being used". sure, might need to lower the resale price, but oh well. Bitch to the devs.

    19. Re:Better than root kits by narcberry · · Score: 1

      It is absolutely anti-customer.

      1. Customers lose value of their purchased assets. (ie, this specifically attempts to reduce resale value)

      2. It increases costs. Great, I just wanted a game and I ended up buying 100 songs too? (Don't lie to me like the retail packaging and pretend it was free)

      These aren't incentives to buy a product. They are incentives to buy it new vs. used.

      --
      Modding me -1 troll doesn't make me wrong.
    20. Re:Better than root kits by John+Hasler · · Score: 1

      > i'd much rather developers take this tact than to make it illegal to sell used games/CDs/DVDs.

      It is not illegal (in the US) to sell used games/CDs/DVDs though it may under some circumstance be breach of contract.

      > ...at least this doesn't encroach on fair use rights...

      Fair use has nothing to do with selling used games/CDs/DVDs.

      > ...and doesn't take an anti-consumer attitude.

      "Anti-consumer"? No, no. They _want_ you to consume. It's your failure to do so to which they object. _Consume_ that game, don't sell it on!

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    21. Re:Better than root kits by Malevolyn · · Score: 1

      Well that depends heavily on the car. Not a lot of 12 year old cars will sell for nearly as much as my 96 Ford. But now we're getting off topic, here, and my car kind of has an unfair advantage. Just ignore me.

      --
      Your ad here.
    22. Re:Better than root kits by Anonymous Coward · · Score: 0

      Probably won't be long till they stop used-sales entirely by making the "one-time bonus" be the ability to play the game at all.

    23. Re:Better than root kits by Icy_Infinity · · Score: 1

      for some reason i think you haven't ever REALLY played an MMORPG because they don't save anything onto YOUR computer is all on their severs where information on where you got the code for super weapon X or not. if you go over to your friends computer than also has WoW, WAR, CoX, Eve, or any other MMORPG for that matter the only thing that doesn't follow are your MODs, hell even key-bindings normally transfer from computer to computer in MMORPG's.

      Games that don't connect to the internet are being releases less and less often, so in reality its more. how long will the company that put out this game support me for and less of when is my computer going to crash and completely kill this awesome weap i got from a code

    24. Re:Better than root kits by GaryPatterson · · Score: 1

      The value of an item also, in part, is due to its resale value.

      I often read that the value of digital data is zero under classical economic theory, as the cost to create new copies is effectively nil. I tend not to agree with that, but the debate is never really resolved.

      Perhaps economic theory hasn't really sorted out how to price digital assets yet. Until we have a solid idea of how to do that, how can we argue about resale value? Especially in a world where we can see pirated, identical versions of a game available for free.

      In the meantime, I reckon people will like this idea and tell economic theory to go jump.

    25. Re:Better than root kits by Dahamma · · Score: 2, Insightful

      How is this an insightful post? Honestly it would have ALMOST had a point if the examples weren't COMPLETELY incorrect.

      1) the used game market is about 98% used CONSOLE games. The only way that they can even enforce this on a console game is when the console has an online component like XBox Live. XBox Live stores your account information on their servers, so if your XBox dies, you can restore your bonus "stuff" on the new console.

      2) MMORPGs are an even worse example. Both of your points are wrong. a) Everything is server-based, so there is no issue with duping limited items for players who reinstall on a new computer and log into their existing account. b) Sure, you may be able to get the game free and sign up for a monthly subscription. Which is the whole point of this article - if you pay for the game/expansion/whatever when it comes out, they give you a one-time activation code for the bonus "stuff".

    26. Re:Better than root kits by sdsucks · · Score: 1

      I disagree. I'm a tweaker and tend to re-install windows very often, especially when tweaking for a specific game. Anyway, addons for games are always just as easily cracked & pirated as the games themselves.

    27. Re:Better than root kits by Kopiok · · Score: 1

      This kind of incentive clearly doesn't work for the situation you've provided. If everyone is going to be playing on these maps, it would be tough and unfair to limit them to just the initial round of buyers. What is really being done are things like free micro-transactions (Rock-Band) and that roster update tool. Completely different situation. This seems like more of a console solution since you can't easily just download the maps and throw 'em in the ol' map folder.

    28. Re:Better than root kits by Dwedit · · Score: 1

      But didn't Grandmothers end up passing on the diamond rings to their granddaughters?

    29. Re:Better than root kits by Jens+Egon · · Score: 1

      with games, it's not quite so extreme, but there's still a socialized reluctance to purchase used games. i mean, everyone wants the latest and greatest gaming title. no one even wants to buy a 2-year-old unused game from the bargain bin. except for legacy systems and hardcore gamers, there's very little demand for refurbished games. it's just not even a notion gamers are accustomed to. most people aren't in the habit of shopping for used games the way that people shop for used cars. so in the end, the negative impact this one-time bonus policy might have on resale value won't really make much of an impact on market demand.

      I'd add that those of us who are happy to play old games have plenty of free open source options.

      I, for one, have been playing entirely too much UFO: Alien Invasin over the weekend

    30. Re:Better than root kits by RogueyWon · · Score: 2, Insightful

      Remember, we're talking almost entirely about console games here. PC games have a long tradition of free downloadable post-release content (I remember waiting for my weekly Total Annihilation unit to be released) and it's never really been seen as an anti-piracy or anti-resale measure there. To be blunt, PC piracy is so wide-spread that something like this as an anti-piracy measure would feature pretty highly on the King Canute scale of futility.

      Over on the consoles (where around 99% of used-games sales take place), downloadable content is still a newer phenomenon are it's clear that developers are still playing around with how to use it and what the terms and conditions could be. In addition, outside of China, piracy of games for the current generation of consoles is not really a particularly huge issue. Even back in the last generation, when everybody knew that most PS2's could be fairly easily "chipped" to run pirated games, it was too much hassle for all but a small minority of users, unlike the "download, apply crack and run" model of PC games piracy. I suspect PS2 piracy has taken off more since the console "retired", to be honest, as emulation (which allows you to achieve similar results to a chipped PS2 on a reasonably mid or high end PC, without any messing around with solder) has really taken off since then.

      No, this is, as TFA says, aimed at reducing second-hand games sales. Of course, consumers should always have the right to sell on their games at will. This should go without saying. Plenty of places enshrine this in their consumer law and it makes me wonder whether these limited-install DRM systems we're seeing on the PC will stand the legal test over time. However, from the point of view of a game developer, a second-hand game sale is as bad as a pirated game, in some ways - they don't see any money from it. In fact, in some ways it's worse. Your average pirate has given no indication that he would have bought the game anyway. The average second-hand buyer has probably spent at least 75% of the retail price of the game (and in many cases more) if he has bought it in a high-street shop. In other words, this is somebody who came very close to giving the developers money.

      Now, while I live in the UK, I do go over to the US around twice a year and while I'm there, I generally stock up on PC, PS2 and PS3 games (I have an imported PS3 and like to pick up the obscure Japanese PS2 RPGs that never make it to Europe). It always amazes me in US game shops how hard the staff will push me to take a used copy of a game, when I walk up to the counter with a new copy. Generally, the difference in price is no greater than $5 (in fact it's often less) and as I'll be carrying the game 4,000 miles or so before actually playing it, I will always default to buying a new copy in the absence of any other options, as it's kinda hard for me to return a game that turns out to be defective. Nevertheless, despite explaining this at the counter, I've had to listen to several minutes of cajoling on occasion. The reason why is pretty clear, the shop will make a couple of dollars on a new-game sale, but with the ridiculously low payouts it gives to the people trading in their games, it could make ten times that profit in some cases on the used game. While UK game shops have used-game sections, they aren't as huge as in the States and I've never had any pressure from the staff to buy one instead. I don't know whether it's the economics or the staff training that is different.

      Additional downloadable content like this might push a few people over from buying a used copy to a new one. As I say, we're generally talking about a very small price gap here. Extra content is more likely to appeal to the fairly hardcore gamer market (I include myself in that group) and the less salubrious members of said market, who nevertheless buy a lot of games, might in some cases be tempted by that small price difference between a new and a used game. This could cause them to think again. However, I suspect that there are two possib

    31. Re:Better than root kits by Travoltus · · Score: 1

      with gaming, it's almost an inelastic demand. if you want a particular game, there's only one publisher. you can't substitute a competing product for it. and all mainstream game publishers pretty much have the same general anti-consumer attitude. so it's not the same as buying an Honda/Toyota instead of a Ford/GM because imports have much higher resale values than domestics. that kind of decision-making process doesn't factor into game purchases. there's also less of a market for used games, and this is due to cultural as well as legal factors.

      Hold up, pardner... every game store I go to, says used game sales make up the majority of their sales.

      A used copy of Oblivion was a rare find for a long time. Try ever finding a used copy of Baldur's Gate/BG2.

      Used games, if they were good to begin with, fly off the shelves like crazy.

      --
      --- Grow a pair, liberals... stop letting the Republicans bully you!
    32. Re:Better than root kits by MobileTatsu-NJG · · Score: 1

      These incentives don't work.

      1. Good boys and girls get a bonus for being good.
      2. Bad boys and girls figure out how to also benefit from these bonuses.
      3. Devs panic and institute some ridiculous mechanism that typically only hinders the good boys and girls.

      Example:
      1. Everyone that purchases a new copy of a game at release will get a bonus 5 maps.
      2. These maps are quickly torrented and now everyone has them.
      3. Devs ban these 5 bonus maps from play with a game update. Only players that download and install a EULA-breaking crack will still be able to play these maps.

      That's all fine and dandy for PC games, but what about consoles? Wouldn't it take quite a bit of effort, at least in a mass-market sense, to go through all that for an XBOX 360 game? I mean, the example they gave was for Rock Band 2.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    33. Re:Better than root kits by KDR_11k · · Score: 1

      Computer? This is about console games. If your console breaks you probably have bigger worries than one-time codes (besides, all three consoles* use some form of account which the bonus would be tied to so if you get a new one and transfer the account you get your first time bonuses back too, unless it's coded very badly).

      *=The Wii uses the hardware as identification AFAIK (local accounts?) but the list of what you bought for it can be copied to another Wii if yours is dead and sent in to Nintendo

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    34. Re:Better than root kits by KDR_11k · · Score: 1

      If Valve wanted, they could very easily make a "unbound from account and re-gift this game" feature.

      Costs a tenner IIRC, read the EULA (at least HL2 retail had that in its EULA, might differ for download-only games).

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    35. Re:Better than root kits by KDR_11k · · Score: 1

      Already applies to PC games with internet activation (e.g. HL2 gets tied to your Steam account and costs money to untie), won't apply to console games because that means you need an internet connection to play the game and the manufacturer won't be happy with that idea.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    36. Re:Better than root kits by KDR_11k · · Score: 3, Insightful

      2 is bullshit, the games are not priced according to the cost to make them but the price they're expected to fetch. It won't ever cost you more because if they think they can get away with a higher price they'd increase the price, new songs or not so the new songs don't matter at all. Also keep in mind that higher price does not equal higher profit, there's an optimum price where any increases end up decreasing profits because noone will buy the product and something like software has a fixed optimum price as the per-unit production costs are near zero.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    37. Re:Better than root kits by MobileTatsu-NJG · · Score: 3, Insightful

      Problem with this is rooted in a basic economic error. The value of an item also, in part, is due to its resale value. The more publishers degrade the resale value the less the item is worth upfront. This is why attempts to outlaw used game sales, or demonize outlets that resale games don't have a leg to stand on. This method of devaluing only the resale value to the secondary market will still have an impact on the upfront price. Games will be worth less to buyers because of a move like this. Therefore, games will sell less than ever. Which will create a vicious cycle because publishers will likely conclude that they need to take even stricter measures against piracy, when the truth is they simply devalued their own product and would see more sales without the restrictions.

      I've said before that EA's making a bad move in forcing their potential customers to look more carefully at what you are and aren't allowed to do with your purchase. Games are impulse purchases. Take away the impulse, and just like you're saying, they'll eat away at their own market. You'd think Nintendo's "it prints money!!11!" successes with the DS and the Wii would have hit that point home already.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    38. Re:Better than root kits by KDR_11k · · Score: 1

      with gaming, it's almost an inelastic demand. if you want a particular game, there's only one publisher. you can't substitute a competing product for it.

      Nonsense. Of course you can substitute one game for another. It's not a 1:1 substitute but nothing ever is. The thought that it has to be this one specific game is merely induced by marketing, there are many other games you'd probably enjoy too and you can buy those. E.g. I didn't buy Spore but got de Blob instead, a completely different game but serving the same purpose: Entertainment.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    39. Re:Better than root kits by powerspike · · Score: 1

      MMO's would be an exception to this, as you are buying an account online, in which no matter how many times you reinstalled, formatted etc, everything is still there when you log back on again. you can reinstall the game as much as you want, but all the features and bonuses are attacthed to you ingame, and not to the software itself.

    40. Re:Better than root kits by TheRaven64 · · Score: 1
      The quality of open source games has really improved a lot in the last few years. This list give a good sample. Sure, a lot are quite poor, but so are commercial games, and there are some real gems. Battle for Wesnoth, Vega Strike, FreeCol, and Warzone 2100 have all consumed far too much of my time.

      Some are based on old commercial games which were open sourced (Warzone 2100 was, and there have been some spectacular things done with the Quake 1 engine). Some are copies of commercial games (FreeCiv, FreeCol, LinCity), although most of these have enhancements over the original that make them more fun. Many of the rest though, are original and addictive.

      The only sad point about open source gaming recently was the Blob War saga, where it was discovered that the author was including a number of textures and sound files without permission of the copyright owner, and then ranted at the community when this was discovered, rather than work with the people who volunteered to work on replacing them.

      --
      I am TheRaven on Soylent News
    41. Re:Better than root kits by Haeleth · · Score: 1

      What proportion of people actually re-sell their games, though? I know I've certainly never bothered. The value of a game to me is the entertainment it provides, full stop, and once I've had that entertainment I don't expect to get any of the money back -- any more than I expect to be able to re-sell my tickets after I've watched a movie, or re-sell my holiday when I get back home.

    42. Re:Better than root kits by ghostdoc · · Score: 1

      and I assume you backup your critical data when you tweak? just one more thing to add to the backup list...

      and increasingly these promotions will be associated with an online identity rather than a specific installation.

      --
      Business/App ideas are like arseholes: everyone's got one, they're mostly shit, but very rarely they contain a diamond
    43. Re:Better than root kits by jonadab · · Score: 1

      > with gaming, it's almost an inelastic demand. if you want a particular game,
      > there's only one publisher. you can't substitute a competing product for it

      OTOH, if you haven't got the money, you can't buy the game. This doesn't apply to everyone: some people devote a portion of their regular income to buying games, sure, so they can just continue to buy them. However, other people regularly sell off their old games to scrape together the cash for new ones. If they get significantly less for the old games, they can't buy as many new ones. So then they start deciding which ones they can afford to get as soon as they're out, and which ones they're just going to have to wait a bit for and get from the bargain bin, or, in some cases, which ones they won't be able to buy at all.

      These are both simple scenarios, of course, and so the truth, amortized over tens of thousands of customers, is rather more complicated. But the ability to resell games used *does* have an impact on the market for new games.

      --
      Cut that out, or I will ship you to Norilsk in a box.
    44. Re:Better than root kits by ElleyKitten · · Score: 1

      What proportion of people actually re-sell their games, though? I know I've certainly never bothered. The value of a game to me is the entertainment it provides, full stop, and once I've had that entertainment I don't expect to get any of the money back -- any more than I expect to be able to re-sell my tickets after I've watched a movie, or re-sell my holiday when I get back home.

      It's more like reselling your DVD after you've watched a movie, not the tickets. I don't sell many of my games, but I've bought a lot of used games. Sure, there's some used games that are beat up and not worth it, but it's not that difficult to find games in good condition, no scratches, with the instruction book, etc. Since I don't find it especially exciting to pull off the scrink wrap, I choose the cheaper option.

      --
      "What is Internet Explorer 7? Are you saying we can't access the normal internet?" - I love tech support. Really.
    45. Re:Better than root kits by rollingcalf · · Score: 1

      Diamonds are very different. The main appeal of diamonds as jewelry is that they are expensive. If a diamond mine is suddenly discovered in Greenland and it has 10 times the supply of the rest of the world combined, and DeBeers didn't manage to get hold of it, the price would plummet and women wouldn't want them in engagement rings.

      But games and DVDs aren't purchased because of status and being in short supply. The resale value of games and DVDs certainly props up the purchase price. I buy and sell DVDs regularly, and I wouldn't buy them for anything more than $7 or $8 if I didn't expect to be able to sell them for at least half the purchase price.

      --
      ---------
      There is inferior bacteria on the interior of your posterior.
    46. Re:Better than root kits by lysergic.acid · · Score: 1

      what major retail chain carries used games? i know there are a few popular record stores around here that sell used CDs, DVDs, and vinyls, but even such music stores are few and far between.

      not being able to find a used copy of a particular game doesn't really mean anything. that could be the result of the story simply not having a supply of that title because few owners are reselling it. that could also be the result of the game being inherently rare.

      granted, i live in an upper-middle class suburb, but i've known a lot of gamers of different socioeconomic backgrounds--from gamers who came from blue collar families to my first college roommate whose dad was a corporate CEO. and i rarely heard of anyone purchasing a used game for their PC or current gen system.

      these days most people buy PS & PS2 games used, yes. but that's because those are now legacy systems (i know the PS2 is still officially supported, but it's been out for nearly a decade).

      most big video game retailers like Best Buy, Wal-Mart, etc. don't even sell 2nd-hand games. maybe that's just the area that i live in, but unless you're ordering them off of eBay, you have to get your games new around here.

    47. Re:Better than root kits by lysergic.acid · · Score: 1

      "fair use" probably wasn't the right phrase to use there. i mean consumer rights in general.

      and anti-consumer isn't the same as anti-consumerism. anti-consumer means placing the interests of businesses/sellers above consumers/buyers.

      and while it's currently not illegal to sell used games/CDs/DVDs at the moment, we are headed in that direction.

    48. Re:Better than root kits by Artifakt · · Score: 1

      You probably meant a specific right "Right of First Sale" if you're talking US law. Right of first sale is a pretty well defined area of law, and better, one of the pivotal early cases actually involved resale of used books so the distinction between purchasing the abstract speech and the physical medium was addressed by the court.
      I've seen right of first sale included in discussions of fair use by real copyright lawyers, so maybe you were actually technically right the first time, but it isn't what most people think of as an example of fair use, so I hope this helps. You're making some interesting arguments.

      --
      Who is John Cabal?
    49. Re:Better than root kits by TheLink · · Score: 1

      But sharing is evil!

      Didn't your mom tell you that?

      Wait...

      --
    50. Re:Better than root kits by Neoprofin · · Score: 1

      These offers, and MMORPGs, are tied to an online persona like an XBox Live account. Your computer could crash, burn, and be rebuilt a hundred times over and it has absolutely nothing to do with your access to whatever content is tied to you account. If the game servers go down you're hosed anyway because you probably wouldn't be able to get any downloads, any updates, or in the case of MMORPGs, play the game.

    51. Re:Better than root kits by Neoprofin · · Score: 2, Informative

      Gamestop\EB\Babbages\Suncoast

      And they are highly profitable. You can buy back a brand new title that's selling for $59.99 for $20 a week after it's released and then sell it to the next consumer for $50. You just made $30 profit for a little bit of overhead and two consumers just got their fix a little bit cheaper. Everyone except the publishers win.

      Legacy titles are a bonus, but the money is all in new releases.

    52. Re:Better than root kits by Artifakt · · Score: 2, Insightful

      I don't think we are really to zero just yet. I'm even a little piqued at all the people who are arguing that most people will pirate because the goods are effectively free, and free always beats any other price. What I'm seeing is people buying 500 Gb. hard drives to hold that 'free' content, plus commercial disk burning and processing software, tons of blank DVDs, monthly paid Usenet access, and other costs for this 'free' stuff. I'm also seeing people spend a lot of time learning esoteric software just to handle obstacles such as RAR'ed and PAR'ed files or y-enc encoding, and sometimes buying commercial software for such tasks. Even if there was no risk from the RIAA to getting caught torrenting, the user has to provide drivespace and bandwidth to maintain a good ratio. Even once users have paid the one-time costs to own and learn software, there seems to be a lot of checking copies to make sure they are good enough, hand editing and even repairing going on.
              I'm not saying that pirating can't save money, or that people are necessarily being illogical if that's their sole motivation. I'm also not saying that there aren't people who value their spare time at a pretty low rate, or people who don't care about the difference between a commercial CD quality track and a 128 K MP3. But the more I look at it, the more it looks like most pirates just about have to have other motives drawing them in than just to get stuff free. A lot of them have to be going after stuff they can't get legitimately at any normal price, like porn in some jurisdictions (i.e. Saudi Arabia), or their favorite old TV series that's never made it to DVD.
              Once those people get the things they want most, they've bought the extra-sized drives, DVD-burners, and such, and they've paid the time costs to learn to do some non-mainstream-windows XP stuff on their PCs, so at that point pirating just because it's 'free' (really meaning comparatively very cheap, but not quite free), probably makes economic sense.
              If the __AA's and such are just trying to deter piracy based on the idea all pirates are cheapskates, they aren't addressing the causes that get neo-pirates over the initial hump. I for one, wouldn't expect much success at getting the consumers back into line after they have already rebelled for other reasons, instead of before they stray. But if the industries don't know those other reason exist, or can't acknowledge it publicly, their chance of success must be miniscule.

      --
      Who is John Cabal?
    53. Re:Better than root kits by Nick+Ives · · Score: 4, Funny

      I disagree.

      I'm a tweaker and tend to re-install windows very often, especially when tweaking for a specific game.

      Maybe if you weren't taking so much meth then you'd remember you'd installed Windows properly the first time? Just a thought...

      --
      Nick
    54. Re:Better than root kits by Nick+Ives · · Score: 1

      While UK game shops have used-game sections, they aren't as huge as in the States and I've never had any pressure from the staff to buy one instead.

      Gamestation. I can't recall ever seeing their new games section at my local store; it's wall-to-wall used as far as I recall!

      --
      Nick
    55. Re:Better than root kits by RogueyWon · · Score: 1

      Oh yeah, true.

      I hate Gamestation and try to pretend it doesn't exist. Happily, I'm well served for Game stores both near home and work.

    56. Re:Better than root kits by ravenshrike · · Score: 1

      Punishment would work perfectly well if the punishment were applied to the proper people. When everyone is subject to the punishment however, it loses effectiveness. It's just the nature of the game that giving one time incentives out is much easier than punishing the proper people.

    57. Re:Better than root kits by spire3661 · · Score: 1

      Who keeps critical data on their workstation? All my critical data automatically backs up to the NAS/SAN. And if anyone dares say that the avg user doesnt have access to that , well there is no excuse for them NOT to have something along those lines if the data is really critical.

      --
      Good-bye
    58. Re:Better than root kits by spire3661 · · Score: 0, Troll

      You are lucky I already commented in this thread or I would have modded you down. Please take your obvious and inane comments back to digg.

      --
      Good-bye
    59. Re:Better than root kits by Perky_Goth · · Score: 1

      Yeah, because being forced to buy something twice is the capitalistic way to do it. If it can be profited from, it should.
      Tell me again how that is supposed to make me not pirate.

    60. Re:Better than root kits by Anonymous Coward · · Score: 0

      Whoosh!
      Last entry: tweaker

    61. Re:Better than root kits by BigJClark · · Score: 1


      Couldn't agree more. All apologies, the first thing I thought of when I read the summary was, "Who ever buys a second hand game?", but your post made complete sense.

      --

      Hi, I Boris. Hear fix bear, yes?
    62. Re:Better than root kits by lysergic.acid · · Score: 1

      hrmm... thanks for bringing that to my attention.

      i think the issue has become somewhat clouded by the fact that copyright holders are demanding power and control above and beyond what copyright was initially meant to grant (particularly with things like software EULAs). a game developer has the right to control the distribution of their work, but after a work is sold they have no control over how that particular copy is used. reselling naturally shouldn't be considered an infringement of copyrights.

      "Fair Use," IMO, ought to cover anything not directly qualifying as copyright infringement. but in its current legal context, it seems to primarily refer to the limited reproduction of a copyrighted work. but just because a particular use of copyrighted materials isn't explicitly listed under fair use doesn't mean that copyright holders can restrict such usage.

      for instance, the right to run purchased software on the operating system of one's choosing isn't explicitly covered by fair use. but it has nothing to do with copyright infringement, thus such decisions should not be put in the hands of copyright holders.

    63. Re:Better than root kits by DeepZenPill · · Score: 1

      You ignore the spillover benefit of used game sales. The first owner of the game is able to recover some of the initial cost of buying a game, making him more likely to purchase yet another game. Most people going into a Gamestop to sell back their games aren't using that money to go buy a sandwich; they're in there to buy new games.

      Think about the used car market. Who would want to buy a new car if they knew there would be significant obstacles to selling it on to another person after a few years? The auto industry has capitalized on this by making it easy to trade in a car when buying a new car, and they've also created a pretty successful model of pre-owned certification to further benefit. Used car sales are hardly cannibalizing new car sales.

    64. Re:Better than root kits by IMightB · · Score: 1

      You forgot to qualify that with - Anyone who plays games on an Xbox/360 for more than a month....

      I believe that the Xbox360's RMA rates have been estimated around 40%-60%

      Personally the last game console I owned was the original NES no backup save feature there.....

      I do however enjoy playing CivI,II,III on the old computr from time to time....

    65. Re:Better than root kits by retchdog · · Score: 1

      You're not forced to buy it twice.

      --
      "They were pure niggers." – Noam Chomsky
    66. Re:Better than root kits by Anonymous Coward · · Score: 0

      i lol'd

    67. Re:Better than root kits by sdsucks · · Score: 1

      Hehe... Well, the problem is that windows tends to break when you do lots of driver changes / adjustments / hard reboots.

    68. Re:Better than root kits by asretfroodle · · Score: 1

      He's right though. It was an obvious and inane comment.

    69. Re:Better than root kits by asretfroodle · · Score: 1

      The publishers still made one sale. Without the secondary market they may not have even made that.

  2. Another such incentive... by azuredrake · · Score: 3, Insightful

    Is in the upcoming Gears of War 2 - there will be four maps available for download for multiplayer free on the day the game launches, but only if you buy it new.

    This is the right strategy for publishers to take - add value to incentivize purchase, instead of making your brand new version worse than a used/stolen version.

    --
    Quis custodiet ipsos custodes?
    1. Re:Another such incentive... by Anonymous Coward · · Score: 4, Insightful

      This is the right strategy for publishers to take - add value to incentivize purchase

      They are not adding value. They are removing value and then adding it back with restrictions designed to devalue the game on the used market.

      This in not the right strategy this is greed.

    2. Re:Another such incentive... by Anonymous Coward · · Score: 3, Insightful

      As long as they don't start making the one time bonuses something important to the main game, like downloadable endings or downloadable entire second half of the game.

    3. Re:Another such incentive... by JPLemme · · Score: 3, Insightful

      By your logic, if a restaurant gives free appetizers to their best customers then they're "removing value" from the meals of all of their other customers. If a casino comps a high roller they're "removing value" from everyone else who visits the casino.

      Rewarding customers who give you money is a better system than punishing all customers regardless. Maybe if the used-game retailers want to share the money they make on used games with the publishers they can come to some sort of a deal so that used-game buyers get some bonus material, too. But not offering merchandise to people who aren't paying you for it is hardly "greed".

    4. Re:Another such incentive... by narcberry · · Score: 4, Insightful

      What good are multiplayer maps that other players don't have access to? Isn't the point to play with others?

      --
      Modding me -1 troll doesn't make me wrong.
    5. Re:Another such incentive... by BPPG · · Score: 3, Interesting

      I agree, the game industry is becoming more and more unaccomodating to the used and rental game retailers. I could totally see EA or similar releasing games that are effectively demos unless you had bought it brand new. How successful that would be is another story.

      --
      What's the value of information that you don't know?
    6. Re:Another such incentive... by Anonymous Coward · · Score: 0

      Play call of duty 4 sometime. Join a group of your friends, you don't have the maps. Now you're the asshole keeping your friends from playing the new maps. Guess who's going to either get out of the network or run down and buy 1600 point card tomorrow? Effective.

    7. Re:Another such incentive... by samkass · · Score: 2, Insightful

      This in not the right strategy this is greed.

      It's neither. It's business. If something costs too much to sustain it given the game turnover and the fact that the publishers only make money on the original sale, they have to find some other way to get paid for it. Subscription could work, but it's a hassle and most people won't subscribe to more than a few services. This seems like a pretty reasonable way to be compensated for valuable content to me.

      --
      E pluribus unum
    8. Re:Another such incentive... by Anonymous Coward · · Score: 4, Insightful

      By your logic, if a restaurant gives free appetizers to their best customers then they're "removing value" from the meals of all of their other customers.

      Food is not resold so its hardly the same.

      If a casino comps a high roller they're "removing value" from everyone else who visits the casino.

      Again, wagers in a casino are not resold.

      It would be more like Ford selling you a car that comes with free wheels as a bonus but prevented you from selling the car with those wheels.

      Maybe if the used-game retailers want to share the money they make on used games with the publishers they can come to some sort of a deal so that used-game buyers get some bonus material, too. But not offering merchandise to people who aren't paying you for it is hardly "greed".

      Thats not a very good idea. Next Ford will want a percentage of the sale price of a used car.

      Rewarding customers who give you money is a better system than punishing all customers regardless.

      Yes the second part is right but the first part is hardly relevant. The game has been paid for, they made a sale. Nobody is not paying for the game. If the games became cheaper as a result of this then it might make a difference. They just want more money. Its pure greed.

    9. Re:Another such incentive... by hairyfeet · · Score: 1

      I don't think it is so much the used game market angle that is pissing people off,it is all this "limited activation" crap they have been trying to shovel on us. You want to give us a bonus for buying it new? Then fine,make it like Steam where I can get my stuff back if my PC takes a crap. But of course in all likelihood it'll be "Oh your PC took a crap? Well whip out your CC buddy,because we just screwed you REAL good!" and THAT is the problem.

      And as for "sharing the used game money with the publishers" WTF? If I sell my lawnmower to a pawnshop you don't see Toro going "We should get paid again...Whine,Whine,Whine!" do you? That is just another case of "we want to get paid over and over for the same crap" tripe. Just because you make a game doesn't make you any more entitled to endless money than the guy making the lawn tractor. You made a product,you sold the product to me,and now if I want to sell it or trade it for something else it is MY business,not yours. It is just another spin on the old "IP is super special and should get all kinds of super special treatment" crap. It is a product,nothing more. And once you sell the product it really isn't your business what I do with it. While I agree you will win more with a carrot VS a stick,as usual this proves they just really don't get it.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    10. Re:Another such incentive... by Anonymous Coward · · Score: 0
      It would be more like Ford selling you a car that comes with free wheels as a bonus but prevented you from selling the car with those wheels.

      Hardly. You can play the game just fine without those extras that are being given to new sales, try driving a car without the wheels, not so much. This is closer to buying a car new and getting a key chain, car bra, and pine tree air freshener and not getting those things if you buy it used.

    11. Re:Another such incentive... by WDot · · Score: 5, Interesting

      15 years from now, when people are picking up the "classics" from this generation, they won't get the full experience that people today got because the game may not be being sold new.

      I like this analogy better: It's like you buy an album, and you get a free downloadable track that's a super awesome track. You got it because you bought the album new. Somehow, the RIAA comes up with a magic uncrackable un-analog-recordable DRM that means this bonus track never finds its way to torrent sites. Now 15 years later the original album goes out of print, but it's a bit of a "cult classic." People download the CD from torrent sites or iTunes and enjoy it, but nobody at the label ever bothered to put the "super awesome track" in the iTunes version of the album. Well sure, you have all the tracks from the OFFICIAL album tracklist, but that super awesome free track that everybody raved about 15 years ago is lost in time and space, unless somebody at the label decides to confer the priviledge of hearing that track again to you.

      Until all game distribution goes digital (and even when it does), I believe some of these little extra bits will get lost. Personally I'd prefer it if the game came with a really nice poster or plastic figure or something in the REGULAR version of the game. Not the $100 "Collector's Edition," I mean the $60 regular shmuck's copy. It's a nice incentive for customers who buy it new (who's going to sell it to a used game store along with the plastic figure?), and it doesn't take away from the game experience if you don't.

      If you look at the average anime rack in DVD stores, new releases are packed with toys and art books and soundtracks and all kinds of stuff to convince you to pay $30 for 4 25-minute episodes. That's the way to do it.

    12. Re:Another such incentive... by Anonymous Coward · · Score: 0

      Sure, it's greedy. That's fine. Companies are supposed to be greedy.

      What makes this wrong is that it's a violation of the doctrine of first sale, and EA deserves to be fined, oh ... say, all revenues from this game, plus the same again as punitive damages.

    13. Re:Another such incentive... by Anonymous Coward · · Score: 1, Insightful

      In fifteen years, if the DLC servers are still up, users get "gouged" another few dollars (saying DLC prices fall with game prices... eventually) that actually goes to the (company that purchased) the developers.

      If the DLC servers aren't still up then there was no way to provide more than they put on the disk. Unless the next fifteen years involve the invention of some radical trick, like putting whatever content it was onto movable media or, God-forbid, putting up other download servers.

    14. Re:Another such incentive... by Gazzonyx · · Score: 2, Interesting

      Forget the posters and such... just give me a full manual like they used to. I remember when computer games always came with a honkin' big manual that covered every aspect of the game and even gave you some tips. A PDF on a CD doesn't even compare to having a spiral bound book with cheat sheets, stats and even a section in the back for notes. I guess I'm all nostalgic after coming across my old Neverwinter Nights manual the other day; ironically, I lost 1 of the 2 disks (although I found my old receipt with the manual) so I can't play it.

      I just found out that they had a Linux version that you could download and integrate your Windows versions' data files. Perhaps it's better to be nostalgic about it than hunt down a copy and realize that it wasn't as good as I remember it being. Then again, I thought the same thing about Railroad Tycoon II and happened to hunt down a copy... it was every bit as good as I remembered it being.

      --

      If I mod you up, it doesn't necessarily mean I agree with what you've said, sorry.

    15. Re:Another such incentive... by Anonymous Coward · · Score: 1, Insightful

      Somehow, the RIAA comes up with a magic uncrackable un-analog-recordable DRM that means this bonus track never finds its way to torrent sites.

      You must be new here.

    16. Re:Another such incentive... by m0ng0l · · Score: 1

      Or the Falcon 4.0 manual.

      Now *THAT* was a manual! Snap ring notebook, couple hundred pages, hard cover, looked almost like a flight manual for a real F-16...

      Still got my copy of the manual, and the game, to boot.

      --
      Do you see the FNORDS? I refuse to post anonymously, as I am fireproof!
    17. Re:Another such incentive... by Anonymous Coward · · Score: 0

      You sound like my kid brother, "uncle Jim gave my brother a toy and I didn't get one -- waaaa!"

      Life isn't fair. There's no such thing as 100% equality. People play favorites, that's just the way it works.

    18. Re:Another such incentive... by TehZorroness · · Score: 2, Insightful

      No. There is no sence in selling already-eaten food. There is a market for used games. What game developers aught to be doing is giving their games a longer term value. I still play doom because it has no DRM which prevents me from doing so. (hey, every time I want to play I pirate it, but I had bought and lost/destroyed two copies back in the day so I beleive I am rightfully entitled) There are still all sorts of interesting single player levels being made, and there are all sorts of interesting people to meet and play against online. The game still has value. Now look at Halo 2. You are stuck with their levels, you have to pay for xbox-live (acceptable, but how long will xbox-live exist now that xbox is obsolete), and they made the game itself obsolete by releasing Halo 3. I bet many Halo 2s ended up on the used shelf when Halo 3 came out. Microsoft can't complain about this. It is their own fault.

      Also, game developers don't diserve shit from used game dealers. The game was already paid for. Lets not start acting like the EULA has any legal standing whatsoever. The courts have already decided that EULAs don't stand up against the first sale doctrine. The game is YOURS. You can do whatever you want to it. This is capitalism. Businesses are supposed to cater to their customers, not the other way around.

    19. Re:Another such incentive... by Fallingcow · · Score: 1

      Wait, that game has multiplayer maps that you have to pay for separately? You can't just auto-grab every new map from someone who has it when you join a server using it?

      Seriously?

      And people still play it?

      Damn.

    20. Re:Another such incentive... by PunkOfLinux · · Score: 1

      I think it's pretty good. You can get replacement wheels... you'll just have to buy them! In other words, the wheels you were given at time of sale are not an intrinsic part of the vehicle.

    21. Re:Another such incentive... by GaryPatterson · · Score: 1

      It's a positive reinforcement for the behaviour they want to drive. It won't satisfy everyone, but it's a lot better than more punitive DRM as a means of driving behaviour.

      Step back a moment: if you were a game developer who receives money only from first sales of your games, how would you try to drive those numbers up for a game about to be released?

    22. Re:Another such incentive... by WDot · · Score: 1

      Heh, indeed. I remember the Mechwarrior II manual was positively fat and had a title like "Code of the Warrior Caste" to make it seem like a standard-issue guide to cadet pilots. It wasn't just a really detailed manual, it was part of the immersion. Six years old and I was already swearing loyalty to Jade Falcon, vowing to attain the rank of Khan! Plus, it made for good reading while mom and dad dragged me through their shopping trip.

      I purchased Neverwinter Nights Diamond, which seems to have been designed to put as much game data (game + expansions + bonus campaigns) in a box with the lowest price. So unfortunately, I didn't see any real manual save for a brief install guide. However, I assure you the game is still fun. ;)

    23. Re:Another such incentive... by narcberry · · Score: 0, Troll

      hint: Call of Duty 4. If the community is dumb enough to buy the same game 4 times, they probably are willing to play a game with such frustrations.

      --
      Modding me -1 troll doesn't make me wrong.
    24. Re:Another such incentive... by cheekyboy · · Score: 1

      why not make the game with 2 levels free, and have all the rest of the levels priced at $5 ea or something....

      Or if you like the first two, pre purchase the rest at $39.

      This also can bypass the 200% markup the non-usa markets give to software, ie country importer margins, local shop 50% margins etc...

      When is the last time you saw a 500gig harddrive sold with two 50% margins costing 2x USa price outside usa?

      Those exclusive resellers offer nothing of value to the game. Wow pretty box cover made for 0.12cents with country specific text.

      --
      Liberty freedom are no1, not dicks in suits.
    25. Re:Another such incentive... by homb · · Score: 1

      Agreed. It's on my shelf.

      But I think the snap ring notebook was a special edition. I believe the regular edition had a standard glue-bound book.

    26. Re:Another such incentive... by Maserati · · Score: 2, Funny

      Damn you for mentioning RT II, I had Steam open. Now I'm out 5 bucks.

      --
      Veteran, Bermuda Triangle Expeditionary Force, 1992-1951
    27. Re:Another such incentive... by cliffski · · Score: 1

      Pretty much any technique designed to make money, when discussed on slashdot is equated to 'GREED'.
      This is bullshit.
      maybe next time you are in a performance review asking for a raise, your boss should say "this is just greed isn't it bob?"

      Companies try to make money. news at 11.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    28. Re:Another such incentive... by MobileTatsu-NJG · · Score: 1

      It would be more like Ford selling you a car that comes with free wheels as a bonus but prevented you from selling the car with those wheels.

      Considering that the games work without the incentives, this car analogy (argh!) breaks down. Maybe if you had said the car came with a stereo that only responds to the original purchaser's fingerprint or something.

      They just want more money. Its pure greed.

      Well duh. They make money on the original sale, not on the used sale. (Well... actually I think that's questionable if you consider all the game sequels out there, but generally speaking this is probably an okay point to make.) So they want to increase excitement about the game's initial release where they make the most money. Big shock, there. Only people with Flintheart Glomgold's passion for money would want to do that. Right.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    29. Re:Another such incentive... by KDR_11k · · Score: 1

      You can buy a used game without these extras and it will work, you cannot buy a used car without wheels and drive it. The car requires significant extra investment to get operational, the game doesn't.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    30. Re:Another such incentive... by KDR_11k · · Score: 1

      How so? They included a consumable (a bonus code) and the user used it up. If the user was concerned with resale value he could have left the consumable untouched.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    31. Re:Another such incentive... by KDR_11k · · Score: 1

      Space Invaders: Get Even (Wii). The base game costs 5$, includes one level and every two levels you want to add cost 5$.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    32. Re:Another such incentive... by TheRaven64 · · Score: 1

      GPS data is probably a better car analogy than wheels. Some cars, when you buy them, come with updates to the sat-nav system's mapping data for a year after purchase. This is equivalent to the car company stopping those updates from working if you sell the car.

      I don't really have a problem with it. It means that the game (or car) has a lower resale value. This is a small factor when considering how much I am willing to pay for it, with the largest being the amount of enjoyment I expect to get from it (and the cost of similar amounts of entertainment from other sources). If they charge a price that is lower than the price I consider it to be worth, then I will buy it, but it's been a few years since any of the major game publishers did that. When they stopped selling games at a price I considered reasonable, I started looking at open source games, and found a number that were a lot of fun, and cost nothing, which further adjusted the amount I was willing to pay for a game downwards (how much more fun is your £30 game than a free one? Is it more fun than a free game and two months of DVD rentals? Is it more fun than ten free games, a month of DVD rentals, and a nice meal out? These are the competitors for my money.).

      --
      I am TheRaven on Soylent News
    33. Re:Another such incentive... by Anonymous Coward · · Score: 0

      You can buy replacement wheels without buying a new car, but you can't get the "goodies" for a game without buying the entire game.

      Also, as the grandparent poster noted, wheels are pretty essential to the operation of the car. A better example might be the car stereo. Non-essential, but it would be annoying to get a car without a stereo, especially if there were no way to buy a stereo separately.

    34. Re:Another such incentive... by Anonymous Coward · · Score: 0

      Many PC games that make it onto the xbox 360 that get additional map packs later find that they have to purchase them. Another example would be team fortress 2 is going to release a patch that includes the new class weapons and new maps. PC users get it for free (a while ago) and xbox users get to pay for it. Ridiculous imho, but it is the state of things.

    35. Re:Another such incentive... by Anonymous Coward · · Score: 0

      You are assuming that the company would not re-release it with the bonus track integrated, which they would normally do if there was a profit to be made by it.

      IMO, it's not wrong for the game companies to do this. If you go back and re-read the lawsuit between Nintendo and Blockbuster about rented games, they do have a point. In the movie industry, you can only see the release (legitimately) in the theaters for 3 months, guaranteeing they can recoup the cost of making it. In the game industry, the game is available for rent the *day of release* which lowers the value of the product. Suddenly you have 100's of people using *one copy* of the game, which is the same effect as piracy.

      Nintendo lost these cases, and I think they should have won and at least got the same *protections* that the movie industry has.

      What you are seeing now is the response to this- you can only get some of the features if you are the original purchaser.

      Put on the hat of the game developer and think about, rather than the hat of the "downtrodden consumer that has their video game rights stripped away". Give me a break...

    36. Re:Another such incentive... by Neoprofin · · Score: 1

      Sometimes things get lost to the ages.

      How many live performances are out there that no one who wasn't there will ever hear?

    37. Re:Another such incentive... by Artifakt · · Score: 1

      I actually liked some of the activation codewheels that came with some of the old D&D silver-box system, Bard's Tale, or various SSI products of yore. You could fiddle with those before the game, and when they made the ones with various place names, characters, and such, and not just random words, you got clues to the game - (Who is Vala? In which of these places will I encounter him/her? Will I have to go to all these locations to complete the game? Why is an Emerald Orb mentioned on this codewheel?) There were optional side quests in some games that were pretty hard to find, and it was often only the codewheel that gave you a clue you had missed something. Done right (which it often wasn't), the codewheel became more a part of the game and less just an anti-copying trick.

      Oh, and the FNORDs work for me....

      --
      Who is John Cabal?
    38. Re:Another such incentive... by Artifakt · · Score: 1

      Also, game developers don't diserve shit from used game dealers.

      Not forgetting that a lot of used game dealers are primarily in some other line of work, like used book or video sellers. There's nothing at all, under free market rules, copyright law, or whatever, to stop a used game store from deciding to pay less for games with dropped special features, or even all games from that company. They can put up a big sign that says "We pay 5$ less for ALL Foo games, because they inactivate some features for the used trade.". This is entirely justifiable, as the business does not know and can't be expected to take the time to figure out, just which Foo games are actually to blame, and the business can also assume many customers will just take the lazy approach and assume ALL Foo games have this defect. Now if games aren't even the business's primary line, and they make more money on books or comics or music, why on earth will they bother with anything fancy? A blanket discount on all used Foo games, or a simple refusal to buy them at all, starts making sense from their business model.

      --
      Who is John Cabal?
    39. Re:Another such incentive... by ToasterMonkey · · Score: 1

      15 years from now, when people are picking up the "classics" from this generation, they won't get the full experience that people today got because the game may not be being sold new.

      Playing devil's advocate here... they still own the rights to those "classics". They have the right to rerelease "classic" titles at a later date. Look at what EA/Westwood does with all the Command & Conquer games. Blizzard did it too with the Warcraft franchise, and there are probably thousands of other examples. So, those are THEIR interests, not ours necessary, although at the rate computer platforms evolve, rereleases on new platforms are almost necessary to experience any "classic" game.

      I like this analogy better: It's like you buy an album, and you get a free downloadable track that's a super awesome track. You got it because you bought the album new. Somehow, the RIAA comes up with a magic uncrackable un-analog-recordable DRM that means this bonus track never finds its way to torrent sites. Now 15 years later the original album goes out of print, but it's a bit of a "cult classic." People download the CD from torrent sites or iTunes and enjoy it, but nobody at the label ever bothered to put the "super awesome track" in the iTunes version of the album. Well sure, you have all the tracks from the OFFICIAL album tracklist, but that super awesome free track that everybody raved about 15 years ago is lost in time and space, unless somebody at the label decides to confer the priviledge of hearing that track again to you.

      It's fully within their rights to decide if/when to redistribute something they own isn't it? I know you, sure as shit, don't have the right to redistribute someone else's copyrighted material without permission.

    40. Re:Another such incentive... by WDot · · Score: 1

      Sure it's within their rights to not redistribute. Sure, it's not within my rights to redistribute it via piracy for them if they don't. However, there are times when there is demand for a product, but the copyright holder doesn't feel if it's enough to warrant rereleasing said product. In the case of video games, this means that people who demand the product will have to hunt down a used copy. Used copies are legal to buy and sell, at least in the US, thanks to the first-sale doctrine.

      Thinking 15-20 years into the future, why punish consumers who may not even have been born at the game's release by making the used copy that they hunted down lack content that was common 20 years ago? Using the "cult classic" example, it's possible that the company could be just sitting on the copyright (it's not like copyrights evaporate particularly quickly) and not releasing anything. Again, well within their rights not to rerelease, but I take issue with essentially chipping out parts of game content. Sure you hurt used game stores, but you'll be hurting tomorrow's retro gaming enthusiasts and bargain hunters. Give them a broken used game and they might be miffed and less likely to buy your new game.

      Right now it's practically impossible to find a new copy of System Shock/System Shock II. Despite the popularity of Bioshock, no major retailer or legal download service offers it. People who really want it will get it used from people who bought it years ago. Can you imagine if there was a mechanism where one or two of the levels in System Shock II only appeared as a download after first install? Granted, I'm talking about singleplayer levels, but it could happen. There could be a side quest or bonus mission that gives a deeper understanding of the plot or characters, but only to people who bought it new when it was sold new. What do you do for the rest of the players? Tell them to read the Story FAQ on GameFAQs? Not the same experience.

      Sure, this is all within their rights. But it's mean-spirited and I refuse to support companies that pull that kind of scam. I encourage all gamers to do the same. You are not getting a bonus, you are getting your games gutted.

    41. Re:Another such incentive... by Kalriath · · Score: 1

      You mean like old Apogee titles? Commander Keen and so forth?

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    42. Re:Another such incentive... by Perky_Goth · · Score: 1

      Then stop wasting to much money making it. Simple solution that doesn't make you a special case in the eyes of the law.

    43. Re:Another such incentive... by Anonymous Coward · · Score: 0

      NWN diamond collection is just $20 retail now, if you're really jonseing for it...

    44. Re:Another such incentive... by asretfroodle · · Score: 1

      People don't see them as consumables though. It's company policy which makes the extra content a consumable, not because it's technically impossible to pass it on. Hence the accusations of greed.

  3. EA as usual by Original+Replica · · Score: 5, Insightful

    So consumers get jerked around when they rent a game from EA? That's been true for a long time, EA pretty much sucks when it comes to respecting the customer. Don't buy EA games, even under the Maxis title. If you do, then expect to be treated like a chump.

    --
    We are all just people.
    1. Re:EA as usual by Tetrad69 · · Score: 1

      Two points:

      1) The games industry does not have a revenue sharing agreement with game rental companies like Hollywood does with the movie industry. There is zero financial motivation to support rentals or the used game market.

      2) If you're just renting a game what difference does it make that you wouldn't get the "value added" features. If you're going to just be playing a game for a short while does it really matter if you don't have some multiplayer maps in a shooter or songs in Rock Band?

      Since people like their analogies, imagine that the game you purchased is like buying an appliance. And let's say that appliance comes with a warranty. You're more than free to sell that appliance to someone else, but if you expect the company to honor the warranty on the product when it's resold, you're crazy. The second-hand buyer gave nothing to the company that made the appliance, so why should the company pay for anything at that point? It's the same way with these features that games are adding.

      I do agree that if the companies are going to do this they should at least provide a pay version after the fact, especially if it's multiplayer-oriented content.

    2. Re:EA as usual by Original+Replica · · Score: 1

      When I said "renting" I was alluding to the fact that any DRMed game isn't really your property, you are simply being allowed to use it by the publisher.

      --
      We are all just people.
  4. Okay, but an option to buy by Quila · · Score: 2, Insightful

    An option to buy the extra content if you are a second-hand owner would be nice. They get the money, the buyer gets the content, everybody's happy.

    Doing that would show an honest monetary interest in the extra content rather than a plain desire to kill the secondary market.

    1. Re:Okay, but an option to buy by JPLemme · · Score: 1

      Fair, reasonable, and seemingly easy to implement. I wonder how the content-owners would manage to f**k it up if they tried it.

    2. Re:Okay, but an option to buy by alexmogil · · Score: 1

      Apparently EA is allowing you to buy the content for $20 for NBA Live. This is a highly touted feature of the game and is most useful at the beginning of a season. If the original owner sells the game back to Gamestop soon after release, Gamestop is going to charge $54.99 for it. So the full version of the game is now $74.99.

      What bothers me most about this is eBay sellers. These people can open boxes and take codes and sell the games as new. Additionally some poor sucker who buys a game from an eBay seller doesn't know if the codes truly used or not.

      Pretty shitty out of EA, but it's been equally shitty out of Gamestop to run an unchecked pawn shop business for the last 5 years.

      --
      A winner is you!
    3. Re:Okay, but an option to buy by iocat · · Score: 1
      That would be nice, which is why EA is offering it. This EA thing and the Rock Band thing are ways to give spiffs to the first purchaser, in an effort to get more people to be first purchasers, similar to the way Infocom used to package in feelies to encourage people to purchase thier easily pirated games.

      Bitching about this seems a lot like complaining that a used car doesn't come with the free key fobs, or the new car smell.

      --

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

    4. Re:Okay, but an option to buy by Anonymous Coward · · Score: 0

      How is that different then selling anything else on eBay. If people get scammed that way the seller gets bad feedback and can't as easily sell anymore.

    5. Re:Okay, but an option to buy by Anonymous Coward · · Score: 0

      Why should they get paid for the extra content a second time? The buyer should be able to sell the extra content when they sell the rest of the game.

    6. Re:Okay, but an option to buy by Kalriath · · Score: 1

      Stick regulation on 'em, that'll help. Try to sell a game back to EB in this country and the first question you get is "We'll need a driver's license... What's your phone number? Address?" right before they jot all those details in a massive book which the police can request access to should you report a theft or fraud of some sort.

      Don't like the requirement to hand over that sort of detail? Use the auction sites or classifieds.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  5. If you've paid, is it legal to pirate? by telchine · · Score: 4, Interesting

    This is interesting. My first thought for this is that if I've purchased a game second hand, and by some defectivebydesign defect, I can't access the bonus content, I'll get a pirate copy of that content. Surely by buying something second hand, I've paid for the same rights as that bestowed on the previous owner, so would a judge back me?

    1. Re:If you've paid, is it legal to pirate? by Anonymous Coward · · Score: 2, Informative

      I don't know. What major publishing/media company do you own? The answer generally seems to depend on such trivial things.

    2. Re:If you've paid, is it legal to pirate? by slimjim8094 · · Score: 1

      If you didn't torrent it, the judge would almost certainly back you. It's called the right of first sale - basically, if you buy a copy of a copyrighted work, the holder loses all say as to who or how you can sell that.

      The game companies, of course, are trying to have their cake and eat it. They claim that the 'sale' was in fact a license, but that this license conferrs none of the benefits of a license like the ethereal nature of the purchase making the actual media cheap/free, or re-downloading your 'licensed' game (like Steam).

      I bet that whenever it's tested (if it hasn't been already), the game companies will get laughed out on their ass.

      --
      I have developed a truly marvelous proof of this comment, which this signature is too narrow to contain.
    3. Re:If you've paid, is it legal to pirate? by GFree678 · · Score: 1

      I look at it with this logic (IANAL):

      The pirated copy of the content would have had cracked whatever copy protection/DRM existed. Now, this circumvention is going to be illegal since virtually all EULAs disallow reverse engineering (ignoring the legally of EULAs for a moment). Although the end-user probably didn't create the cracks themselves, by using said cracks, the violation of the EULAs is extended to them since they are knowingly using pirated/circumvented software. Hence, even though you would have bought the legit version, using illegal content in the form of cracks is not going to go down very well, even if the contact is inaccessible WITHOUT the crack.

      I could be wrong, I probably am wrong when compared to the laws of various countries, but since everything has been made so confusing and complicated for games, fucking GAMES of all things, it's this bullshit which makes me less interested in even bothering with modern commercial games.

    4. Re:If you've paid, is it legal to pirate? by Atlantis-Rising · · Score: 1

      I'm not sure why you argue that if you buy something second hand you've paid for the same rights as if you bought it first hand.

      Suppose I sold person A car, and threw in a year's worth of free carwashes. You come along and buy the car from Person A, and claim your one year of free car-washes.

      I made no agreement with you for provision of car washes. You may have bought the car, but unless the agreement I made with A specifically mentions the fact that A can transfer his entitlement to those services or that they go with the owner of the car, not A, I would not see a reason for you to be entitled to them.

      --
      "It is possible to commit no errors and still lose. That is not a weakness. That is life." -Peak Performance
    5. Re:If you've paid, is it legal to pirate? by Mistakill · · Score: 1

      It'd depends where you are (county/state/country)... and which Judge you face, and indeed, if you won a case, you would likely just see the company appeal it until they had no avenue of appeal left as the perceived potential loss of income due to a judge saying that people can quite legally sell games second hand with no consequence, or fees paid to the developer, easily offsets the cost of legal feels

      Some judges in the USA have been shown to be notoriously in favour of extreme Copyright enforcement (even to the point that fair use isnt fair), and some are very much against the commercial enslavement of the general population by corporations and organisations such as the RIAA/MPAA

      Indeed, in some countries, the game you buy isnt "rented" but purchases, even though the EULA may say otherwise...

    6. Re:If you've paid, is it legal to pirate? by Anonymous Coward · · Score: 0

      Surely by buying something second hand, I've paid for the same rights as that bestowed on the previous owner, so would a judge back me?

      Not if it's a one-time thing that's already been used.

      Pre-owned movie ticket?

    7. Re:If you've paid, is it legal to pirate? by Anonymous Coward · · Score: 0

      What did you actually pay for?

      Suppose a local coffee shop sells a $50 ceramic mug that comes with 10 certificate for coffee refills, valued at $5 each.

      Once the certificate is drained, the owner decides the mug is worthless and sells it to a second hand store for $2. You go to the second hand store and buy the mug for $10 and then head on down to the coffee shop to get your free refills.

      Why should you get free coffee when all you paid for is a mug?

    8. Re:If you've paid, is it legal to pirate? by Anonymous Coward · · Score: 0

      This is interesting. My first thought for this is that if I've purchased a game second hand, and by some defectivebydesign defect, I can't access the bonus content, I'll get a pirate copy of that content. Surely by buying something second hand, I've paid for the same rights as that bestowed on the previous owner, so would a judge back me?

      IANAL, but it seems to me like a judge wouldn't back you.

      You haven't paid for the same rights as the bestowed owner, you've only paid for the same product. The product is just a bunch of 1's and 0's, and both you and the bestowed owner get the same bunch of 1's and 0's, and therefore the first sale doctrine isn't violated. The fact that those 1's and 0's don't do anything for you is irrelevent.

      If I buy a pair of pants from a friend who is 5x fatter than me, that doesn't give me the right to steal a pair that fits.

    9. Re:If you've paid, is it legal to pirate? by Anonymous Coward · · Score: 0

      Suppose I sold person A car, and threw in a year's worth of free carwashes. You come along and buy the car from Person A, and claim your one year of free car-washes.

      I made no agreement with you for provision of car washes. You may have bought the car, but unless the agreement I made with A specifically mentions the fact that A can transfer his entitlement to those services or that they go with the owner of the car, not A, I would not see a reason for you to be entitled to them.

      A car wash is not part of the car. It's a complimentary extra service that has nothing to do with the product's function or features.

      Maps in a multiplayer game or songs in a music game are core parts of the game. That's like saying a car only comes with 1 seat and the other 3 may not be resold.

      Publishers just want another way to get extra money. Just like adding online ads into full-price games. I think it's illusory to consider these free bonuses. They are just trying to retrict some part of the game, to prevent resale.

    10. Re:If you've paid, is it legal to pirate? by Anonymous Coward · · Score: 0

      Surely by buying something second hand, I've paid for the same rights as that bestowed on the previous owner, so would a judge back me?

      Not if it's a one-time thing that's already been used.

      Pre-owned movie ticket?

      No...There you still have the EXACT same rights as the original owner.

      This case is more like if you bought a DVD and find out that 10 min. is missing. You then have to go online to see the missing part. Then if you ever resell the DVD the buyer is stuck without a full movie.

      This whole thing just reeks of a class action suit.

    11. Re:If you've paid, is it legal to pirate? by Atlantis-Rising · · Score: 1

      Maps are not part of a multiplayer game and neither are songs in a music game. They can be, but they are not necessarily such.

      For example, look at the way the game works- the core program, the game itself, loads textures, maps, songs, etc, etc from separate files. In that way, a technical one, such items are not 'part of the game'.

      Say I sell you a care with OnStar, and you sell that car on to someone else. Am I obligated to prove that person the complimentary year of OnStar service?

      I, as the person selling you the car, am perfectly within my rights to make covenants with you providing you additional material or services or whatnot. The second-hand entity is not included in such covenants unless statute says so or unless that entity renegotiates such covenants with me.

      You could argue that the first owner has the right to transfer whatever bonuses he received to a second-hand owner. But I'm not so sure such a right exists. I see no reason why the first owner could not make the provision of such a license to use such bonus work cognizant of one's original purchase of the game.

      I think it probably depends on this: while you might argue that shrink-wrap ELUAs are invalid for various reasons, it is far more difficult to argue the same of licenses in general. The license on the bonus material is probably on far stronger legal footing, and I see no reason why such a license would not prohibit the content it protects from being resold.

      --
      "It is possible to commit no errors and still lose. That is not a weakness. That is life." -Peak Performance
    12. Re:If you've paid, is it legal to pirate? by powerspike · · Score: 1

      Well i can see where you are coming from, but what you would be talking about, is buying a limited edition game, which had a free poster map, or making of dvd. If i brought a car, but sold it to you in a year, but i couldn't sell you the seats in the car, because the car company came and took them out, then you'd be pretty pissed off, because that is devaluing the product. Offering Bonuses that don't affect the game is one thing, offering bonuses that are apart of the game is someting totaly different, once you start claiming "required" or "core" content as a bonus, then something is wrong.

    13. Re:If you've paid, is it legal to pirate? by KDR_11k · · Score: 1

      First Sale only means a copy can be resold, it does not mean you can ignore the copyright on something because you bought something related. In this case you get a 20$ (or whatever) gift card for downloadable songs with the game if bought new, nothing requires that a gift you got with the original is intact when you resell it. You got the gift card, you had the option of reselling it, you used it up instead, the person you sell the remains to isn't automatically entitled to a new gift card. You can give him 20$ instead of the card if you negotiate it like that but nothing requires you to make a deal like that and even less forces the original issuer of the gift card to hand you a new one. If you want to resell the bonus don't consume it!

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    14. Re:If you've paid, is it legal to pirate? by KDR_11k · · Score: 1

      Well, you have the same rights as the original owner too. He used the voucher to install the bonus stuff on his console and had the right to use it provided he owns the console, you have the right to use that bonus stuff if you own the console it's on, too. The original owner did not have the right to install it on your system either (after he installed it on his own) so it's no surprise you don't.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    15. Re:If you've paid, is it legal to pirate? by Anonymous Coward · · Score: 0

      Suppose I sold person A car, and threw in a year's worth of free carwashes. You come along and buy the car from Person A, and claim your one year of free car-washes.

      If A sells the car to B within the first year, B should have the right to the remainder of the unused year's washes.

      However, I'm older than most of the /. population and I know that guarantees/warrantees were often stated as "to the original purchaser only". This even applied to "lifetime" waarrantees, etc.

      Honest? Moral? No, but that was in the writing, so it would be hard to break.

      I'm sure they got this made legal (if it ever was) bu sniveling to the legislat-whores that they'd be taken advantage of by people who ran the device into the ground, then unloaded it on some poor sucker who would try to get warranty service for the device.

      Same as the **AA pricks who have been allowed to strangle technology by whining that products with any possibility of an "infringing" (gagggg!) use should be deemed to be "primarily designed for infringement purposes". They should all burn in the same section of hell so they can cool each other off with their crocodile tears.

    16. Re:If you've paid, is it legal to pirate? by Anonymous Coward · · Score: 0

      Say I sell you a care with OnStar, and you sell that car on to someone else. Am I obligated to prove that person the complimentary year of OnStar service?

      That's almost a moot point -- onstar fucks you directly. People who had it and were still paying for it after a few years found that the system had been "upgraded" and only some of the older cars were capable of a hardware upgrade to use the new system. The rest of the early adopters were told they'd have to replace their systems at prohibitive prices to get continued service.

      The short version of the previous paragraph is "Fuck y'all suckas."

      This is the equivalent of changing tire sizes to 14.5, 15.5, 16.5 and 17.5 inch sizes, then discontinuing manufacture of the old 14, 15, 16 and 17 inch rims. The new size rims would, of course, be priced at $450 each.

    17. Re:If you've paid, is it legal to pirate? by Anonymous Coward · · Score: 0

      Someone removed the original stereo that came with my used car and the paint is scratched up. I'll just go steal a new stereo and demand a new paint job from from the car dealer because I have the "right" to it...

      The price you pay reflects what you get. You made a deal for the product at a discounted rate based on it being used.

    18. Re:If you've paid, is it legal to pirate? by Artifakt · · Score: 0, Offtopic

      I wish all the people who keep yelling that copyright violation = theft, would start yelling that "it's a bonus when we say it is, it's core content when we say it is" = lying. How about "you've bought a physical product - no you've just bought a liscence" = lying? Fraud? Crooked as a dog's hind leg?

      --
      Who is John Cabal?
    19. Re:If you've paid, is it legal to pirate? by Anonymous Coward · · Score: 0

      The original owner did not have the right to install it on your system either (after he installed it on his own)

      No, but he does have the right to continuously use the content and therefore he may sell that right.

      Now your point is that the content is tied to a system but I don't buy that. All the content like this I have seen before had ways to reactivate if your system died.

      If they are actually tying the content to just one system, then they are marketing it wrong and are open to lawsuit. If they are tying the content to users and not allowing them to sell that right they are open to lawsuit.

      Either way console makers are becoming more and more greedy(evil) to the point that I don't think it is morally sound to support them.

    20. Re:If you've paid, is it legal to pirate? by KDR_11k · · Score: 1

      He can sell the right but he cannot get the physical data to you without giving you his console. The first sale doctrine applies to legal hurdles and contracts, not physical problems.

      What exactly would you sue them for? "Not going out of their way to allow physically transferring data from one console to another"? "Including a voucher that works exactly as advertised"?

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    21. Re:If you've paid, is it legal to pirate? by Anonymous Coward · · Score: 0

      He can sell the right

      Then someone can figure out a way to copy the data and there is no problem.

      What exactly would you sue them for? "Not going out of their way to allow physically transferring data from one console to another"? "Including a voucher that works exactly as advertised"?

      I specifically laid out the two paths they could take to restrict the content (both ultimately unenforceable or illegal), so why did you throw out this crazy argument? I'm guessing you paid a lot of money for restricted content and the only way to justify your poor decisions are to support your masters at any cost (this is the same mindset that created Republicans and Democrats btw).

    22. Re:If you've paid, is it legal to pirate? by KDR_11k · · Score: 1

      The first sale doctrine limits the scope of copyright, it does not mandate that physical means to sell the software must be provided, just that they can't sue YOU for selling something (only under copyright, the DMCA can still apply if you had to break any DRM to give the copy away) so if you e.g. sold your system with all the stuff on it they can't stop you. As for false advertising, did they ever claim you can resell the rights? In fact it seems like the total opposite to me, they're outright saying it's designed to not be resellable.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    23. Re:If you've paid, is it legal to pirate? by Pervaricator+General · · Score: 1

      Agreed. I will pirate rare and classic B-sides of bands only available on a single, why not rare content from a game I really enjoy?
      The band I pirate have modernized with the internet and have released an LP only album to fan clubs and ordered them to make it available online through good quality transfers (their contract forbid digital releases). They have since released all their non-commercial songs, b-sides, and demos on their website, moved to an EP format great for i-tunes: less time between releases, less crap, and I have gone to their concerts, bought the work of people even remotely connected to the band, and even bought some of the harder to find stuff all because of this open policy.
      Here's your sound-bite: If you aren't an ass about it, they will buy.

  6. this kosher with first sale doctrine? by MoFoQ · · Score: 2, Insightful

    I know the desire to promote the sales of their products but I get the feeling this sort of promo that applies only to the original purchaser of the game may run afoul of the First Sale doctrine of the US copyright law.

    I personally like "physical" promo bonuses, such as a free copy of another (older) game...or a limited edition widget/whachamacallits, etc.
    Or even a game poster.

    1. Re:this kosher with first sale doctrine? by Anonymous Coward · · Score: 0

      It's a service, not a product. It won't be long until all games are free (as in beer) software but are really just frontends to an online service which you can subscribe to.

    2. Re:this kosher with first sale doctrine? by Anonymous Coward · · Score: 0

      No, it really doesn't. You aren't purchasing the promo, you're purchasing the game. The promo is something that is extra. That is enough to get around First Sale doctrine. It is also a good idea too. Instead of instigating draconian DRM to combat it they're adding bonus content. Now if only they would take off their draconian DRM from their other games like spore.

    3. Re:this kosher with first sale doctrine? by Anonymous Coward · · Score: 0

      Not really. You know they're going to want to push the boundaries - cripple resold games as much as they can by grouping as much of the content as possible as one-time unlockable non-transferable "bonus".

      Sadly, it'd probably *increase* the amount of DRM on PC games - because if you've got the bonus content already on disc, you need that content and its installer to be completely inaccessible.

      It could very well kill modding, too. Think about it - if a game has pieces removed like this, it *has* to block mods, otherwise gamers could just download something that adds the missing pieces back in. No sir, we can't have that, not at all! It'll all have to be corporate-approved digitally signed material that phones home with the right keys to access.

    4. Re:this kosher with first sale doctrine? by Anonymous Coward · · Score: 0

      I think so.

      "Buy this game and you get this coupon for 20 songs".
      "Buy this game and you get the first year's subscription free!"

      So this kind of deal could also be seen as a promo bonus, and not part of the sold game..

    5. Re:this kosher with first sale doctrine? by Tyrannicalposter · · Score: 1

      It would certainly be valid to claim it is against the spirit of the first sale doctrine. It's too bad there is not a lobbyist group that supports gamer's intrests.

  7. Textbooks by usul294 · · Score: 1

    This makes me think of textbooks that come with CD's and online help, so that it encourages people to buy the book new(for like $150), also international editions usually have the problem numbers messed up and is a slight pain for Americans who buy them. Its a money grabbing move, but its much much better than DRM or anything like that.

    1. Re:Textbooks by compro01 · · Score: 2, Insightful

      If you think they're going to get rid of DRM in favour of this, I've got a bridge to sell you. Betting odds say we'll have both DRM and this.

      --
      upon the advice of my lawyer, i have no sig at this time
    2. Re:Textbooks by MobileTatsu-NJG · · Score: 1

      If you think they're going to get rid of DRM in favour of this, I've got a bridge to sell you. Betting odds say we'll have both DRM and this.

      Though I agree, I have to say I'm quite impressed with the backlash over Spore. Over 2,500 people went to the Amazon review of the game and give it a 1-star rating complaining about their restrictions. True, EA's concessions were small, but man, I've never seen a mobilization like that with video games. I'm curious to see what'll happen if their potential customers continue to fight back like that. If the party gets big enough, who knows, maybe eventually DRM won't be part of gaming anymore.

      Well, I can dream. At least those Amazon reviews got the word out to a few people.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

  8. How exactly does that work? by Anonymous Coward · · Score: 0

    I am not sure how they came up with the conclusion that this not greed at all

  9. I mostly buy used games. by Anonymous Coward · · Score: 0

    Why do these companies consider me less of a customer? Why do corporations these days seem determined to lose as much business as possible?

    1. Re:I mostly buy used games. by denominateur · · Score: 1

      It would be interesting to see how much of the second-hand earnings goes back into buying new games. Of course, a second-hand sale means less business for that particular product but a healthy second-hand market could easily translate to more business overall.

    2. Re:I mostly buy used games. by offrdbandit · · Score: 1

      I would argue second-hand sales have little affect on the sale of new copies. Second-hand game markets are just an easy method of price discrimination. Very few people buy used copies of games they would consider buying new copies of (if I'm willing to buy a new copy of a game, I'm probably not going to settle for a used copy). Personally, I don't buy used games; if I don't want the game enough to buy a new copy, I just don't buy it.

    3. Re:I mostly buy used games. by Anonymous Coward · · Score: 0

      By buying the game used, he is giving money to someone who bought it new. The new-game buyer now has more money to buy more games from the company.

    4. Re:I mostly buy used games. by Anonymous Coward · · Score: 0

      As someone who buys used and new games, I'd agree with you. For games I've been waiting on, I'll buy those new so long as the price tag isn't insane. I'll usually splurge a bit for a Limited Edition if one's made available. The catch however is that when I buy new, I expect my game SEALED as well. This of course means ebgames/gamestop loses sales from me if they've already opened it and had the disc in some paper sleeve. I want to open my NEW games myself.

      (Walmart, HMV, and other places have been getting more of my business lately because I can generally count on the games being properly packaged.)

      For other games, and games that I'm curious about because they've been making headlines etc, I'll more likely wait until I find a used copy. I still have some expectations about the condition of the overall game, but needless to say I don't mind a bit of wear and tear. There are also the games that I end up not even noticing until it's too late to get new, at which point I'd pick it up used if necessary.

      In effect, secondhand sales have just a positive effect on the net market here. I'll buy new what I was going to buy new - unless the retailers have damaged what they received from the publishers/developers (go blame them, not us.). And for the rest I'll test the waters here and there. And if I find I like what I've tested, you may get new sales from me in the future. Crippling games in the used market will certainly make me stop buying them overall (at least the ones affected by it) but I won't be instantly turning that unused cash over for new game purchases since I won't have an interest in it. I'll just buy more indie music or something.

    5. Re:I mostly buy used games. by Anonymous Coward · · Score: 0

      probably because you ARE less of a customer to them. you now have a copy of thier content that has already been used by someone else, and they made 0 money off of the license transfer.
      no doubt exists in my mind that they think of that as single copy pirating. two users of the software that they were paid once for. they're in buisness for the money, that's how they feed thier families, dont expect something you didnt pay them for.

    6. Re:I mostly buy used games. by denominateur · · Score: 1

      I was referring to the sellers of said games reinvesting their earnings to buy new games.

  10. The motive is disgusting... by Aphoxema · · Score: 1

    I wonder if the idea of 100 people legally passing the game around after each person beats it keeps them from sleeping at night...

    --
    "Most people, I think, don't even know what a rootkit is, so why should they care about it?"
  11. I don't entirely trust by Quila · · Score: 2, Interesting

    Copyright holders have been trying to destroy the secondary market for decades. They've used various tactics, but if that is the goal this one is the most benign tactic I've seen.

    Like I said, if a secondary market purchaser can buy the extras I'll be convinced this is not about destroying the secondary market. If not, I can see the slippery slope where eventually the game will be practically useless to the secondary market purchaser as most of the game is now for primary market buyers only. In the end you get a useless stub of a game, practically just a demo, when you buy, the rest unlocked only for the initial purchaser.

  12. Not really worth it... by Anonymous Coward · · Score: 2, Insightful

    If it's tied to one console with DRM and you can't bring it to a friend's house, it takes away a lot of the fun of the game. It also takes away a lot of the value if I can't sell it used, if I don't like the game it's a lot harder for me to get rid of it because my friends would rather buy the one with the bonus content if they like it, and it's probably more of a ripoff for me if I take it to a used game store. I'd rather just have the content on the disc.

  13. This sums it up by Anonymous Coward · · Score: 0

    "Free market for me but not for thee".

  14. Happy! by beefsprocket · · Score: 1

    Games these days are shite, EA know it, so they build a franchise like Rock Band and want to protect it by getting people to buy into the brand. I guarantee marketing has more to do with this than developers out to get little Jimmy Pirate. I fact, it's the marketers who are seeking out little Jimmy, he's the target of this. Now that EA have a successful platform, they can milk it with periodic updates like this for minimum cost, but still charge full price to Jimmy again. Jimmy's happy because he has a new game to play with, EA are happy because Jimmy is happy. We're happy because we're pissed that we bought into a crap company/franchise with our first copy e.g. Slashdot readers being who we are, being pissed off makes us happy too :)

  15. Wrong Focus. by Anonymous Coward · · Score: 0

    Your analogy fails because it focuses on items which have no resale value. Any time the resale value of an item is reduced, its initial sale value is also reduced.

    It is greed, and I say this not because it MUST be greed, but because it is stupid. Stupid coming from people who should know better is often indicative of greed.

    Used buyers will remain completely unaffected. They are going to pay a fair market price for the used game without the bonus content.

    New buyers will remain unaffected as well. They are going to pay a fair market price for the game with crippled "bonus" content.

    Unless developers lower the price to reflect the reduced value, they are going to see fewer sales. Some number of people will not be willing to pay the same amount of money for reduced value.

    So the end result? Fewer sales for the developer. More power to them.

  16. Why is buyng a used game compared to piracy? by Anonymous Coward · · Score: 0

    The only way I can afford to buy a game is used or on clearance. I'm severely disabled so I cannot work (I wish I could) so I'm basically dirt poor. Try seeing how many new games you can buy making 6K a year, yes I said 6k. The people here saying buying used games is akin to stealing need to STFU and stop spewing nonsense. I think it's greed driving the developers. If this shit happens with all developers I'm screwed.

  17. Don't forget by The+Rizz · · Score: 1

    ...and barring, by law, the resale of those extra things.

    If it's sold to you, you should have the right to resell it. Not just the right to resell some of it.

  18. It is greed after all. by WiiVault · · Score: 2, Insightful

    It is kind of funny to me that with our tech prowess we have somehow figured out a way to create products that will be lost to the sands of time long before they become useless. I can still enjoy my 80's NES games. What about my Gears of War 2 "bonus" maps? Or my DRMed music tracks? Nope those will be gone in 10 years. This is not progression folks! In 500 years our ancestors will have quite a job cut out for them figuring out how we ticked, based solely on the greed of some companies. Art will be lost in a way that is inexcusable in our modern world. Fuck you greedy bastards.

    1. Re:It is greed after all. by cliffski · · Score: 1

      how dare companies try to make money!
      its not the mortgage sellers that were greedy, nosiree, those bastards who made games are the worst excesses of modern evil surely!!!!111

      --
      DRM-free indie games for the PC and Mac: Positech Games
    2. Re:It is greed after all. by MobileTatsu-NJG · · Score: 1

      how dare companies try to make money!
      its not the mortgage sellers that were greedy, nosiree, those bastards who made games are the worst excesses of modern evil surely!!!!111
      --
      Try some DRM-free indie games for the PC and Mac that make you think: http://www.positech.co.uk/

      I find it mildly amusing that you're fighting the 'greed' term with your sig advertising your DRM-free games appearing right below it. As if it'd be a selling point otherwise. ;)

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    3. Re:It is greed after all. by Anonymous Coward · · Score: 0

      Art will be lost in a way that is inexcusable in our modern world. Fuck you greedy bastards.

      And none of the owners give a shit. And they never will.

      I read an article some years back, after the dotcom bust, about all the IP in source code that got buried. In particular, Lernout & Hauspie's excellent voice voice-recognition software was lost. It may have somehow been resurrected in the "Dragon" products, but I'm not sure.

      In fact, as I understand it, they went down the tubes because of financial finagling, rather than like the rest of the dotcoms cratered.

      In any case, the receivers of the rights to the source code had no idea of the value of what they'd acquired. Fearful of "being taken" on a sale of the stuff, they chose to simply keep it locked up.

      Ob. analogy -- it's as if you found a small lump of metal on the street and someone saw you pick it up and offered you $5000 for it. But you refuse to sell, thinking that, if you were offered $5K for it, the thing's likely worth $5M. So, ten years later, you still have a lump of unsold metal, instead of the hottest gaming box on the block.

    4. Re:It is greed after all. by LWATCDR · · Score: 1

      Simple. don't buy them.
      They are games. Not food or shelter. It is a luxury item. If you find the product or how the company behaves to be offensive then don't buy from them. Buy a game that doesn't pull this tactic.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    5. Re:It is greed after all. by WiiVault · · Score: 1

      This is obvious, but it hardly makes the practice any less despicable. Games have become a commodity, they can't be "art" if they so are dead once the server dies. Companies want all the protections afforded to real art, but wish to avoid actually creating lasting work. Can't have it both ways.

    6. Re:It is greed after all. by sowth · · Score: 1

      Maybe that should be couch prowess. Did you ever think if you made your own art instead of paying to see others, you wouldn't have to worry about it being locked down? (Assuming you didn't use a program which saves in a proprietary format.) Your work may not be as polished as the "professionals," but does it really matter. Last time I checked, there seemed to be lots of sites made for sharing various forms of art.

  19. Two different situations. by nog_lorp · · Score: 1

    The two examples given are totally different. NBA Live gives you essentially a free subscription-based service, which will create continued overheads for them into the future.
    This is different from Rock Band 2, where the incentive could easily have been included with the game, or on a supplemental disc.

    The idea behind NBA Live's incentive will work better too. To 'crack' those features would require regular work to update the rosters and release patches.

    The idea of one time codes also raises the one-time-install issue. Will I be able to call in to the company and explain how I got the RROD and had to reinstall, and get an extra activation? If so, then expect the used game market to be full of people doing the same.

  20. Re:Gimme, gimme, gimme by Pentium100 · · Score: 1

    Since you are downloading the game for free, you already have a better version than the people who paid for it. You didn't pay any money, didn't have to wait for the CD/DVD to arrive in mail (or to the local store), and most importantly - you have no problems with DRM and your copy of the game will work 10 years from now.

  21. Think of it differently by Quila · · Score: 1

    It's an extra freebie given to those who buy the game in the primary market. It's incentive to buy on the primary market.

    If they're sold separately to those in the secondary market pricing can be set to be an incentive. For example, $50 game with freebies included, $30 buy it used pay $20 for the freebies. You might as well buy it new, but it's the buyer's choice.

  22. INCORRECT by Anonymous Coward · · Score: 0

    'T-Mobile is paying for it this year for all users who buy the game new. This is a very expensive tool to use, and if you don't buy it new, then you'll have to pay for this. It isn't greed at all.'"

    Incorect, its greed pure and simple.

  23. Used Games? Just boycott Gamestop / EB by Rog7 · · Score: 1

    Seriously, if Publishers want no used games sold in place of new ones, they could simply insist that they sell them only with distributors of new games. If they all did this, Gamestop / EB would have to make the choice to stop acting like crummy pawnshops.

    Sooner or later it won't matter anyway, digital distribution and all. Frankly, as a customer, I'm tired of lame selection of new games on the shelf while the used shelves are full of overpriced resales.

  24. Textbooks by Lord+Byron+II · · Score: 1

    This is the same garbage that textbook publishers have foisted on college students.

    At first, it was a code that let you onto a website with homework help and hints.

    Then, they made it really super easy for professors to give you homework via their site (which is only accessible via the one-time code, or $20-$40). By super easy, I mean it's the same problems as in the book, but the computer grades your answers. They then email a list of grades to your professor.

    They'll surely do the same thing with video games - it'll be a bonus at first, but if this catches on, then in a few years, they'll make it so that the used game is worthless.

  25. Not making any sense. by zokier · · Score: 1

    So game companies assume that those people that break the copy protection of original game are somehow unable to do so with the extra content?
    If that extra content has any value its sure as hell going to be pirated as well.

    So this gives nothing to game companies, but another step to legal gamers who now have to depend some download server to have all content, type in more codes etc, while pirates just keep downloading the game with extras from our Swedish friends.

    1. Re:Not making any sense. by jfclavette · · Score: 1

      For consoles it IS prohibitively difficult. Take Rock Band. I don't know how, say, the XBox filesystem works, but say the savegame/install portions and the downloadable songs are segmented. Now the first step is that you can't download the songs. Second you have to crack the game so that it reads in different spot (and probably break all new content that it released after the first release.) Every time, someone with a legit copy has to get all the content, and try to include it on the disk, and make sure the game can read it. Probably crack a UID inserted in the downloaded files, and release a new ISO of the game everytime that must be deleted. It completely stop used game resale, and pretty much makes piracy too annoying. I'm not even SURE there is a cracking process for XBox games right now. Do modchip do all the work ?

  26. no windows? by CaptainNerdCave · · Score: 1

    you're not a windows user, are you?

    1. Re:no windows? by retchdog · · Score: 1

      I dualboot, but I'm not a schmuck who installs every single mod under the sun to gain 5% performance at the cost of system stability. My only mods have been to remove the manufacturer's "utilities" from startup. Thus, WinXP Pro (legit) has been running fine for over a year, and I see no reason this won't continue. I tried Vista (on another computer) but it crashed twice in a row, right out of the box, so that went in the trash. Maybe it's better now.

      I don't install DRMed/rootkit games either, but if anything this bonus-system should replace (at least the worst of) game DRM. Maybe the only weird thing I'm doing is holding off on SP3 a while; I've heard it's not very compatible with some software.

      --
      "They were pure niggers." – Noam Chomsky
  27. "Isn't greed?!" by SanityInAnarchy · · Score: 1

    I'm sorry -- justify it all you like. We all have bills to pay.

    But to say this wasn't financially motivated is a baldfaced lie.

    And to say it "isn't greed" is stupid, on top of that -- because the first time you say that, people will make the connection, and think "You know what? Those asshats really are greedy! I never thought of it that way before!"

    --
    Don't thank God, thank a doctor!
    1. Re:"Isn't greed?!" by cliffski · · Score: 1

      so financially motivated == greed?

      Wow.

      So when you go to work each day, you are just being greedy right?

      --
      DRM-free indie games for the PC and Mac: Positech Games
    2. Re:"Isn't greed?!" by Anonymous Coward · · Score: 0

      Going to work every day for a set salary/hourly wage is not greedy. It's finanically motivated.

      When you DEMAND a bonus on top of that salary before you'll do your job properly, THAT'S greed, and will likely get you fired/replaced.

      It's finanically motivated when they charge you 50 bucks for a full game. It's getting towards greed when they charge you 50 bucks for a crippled game. When they start just charging an extra 5 bucks for that bonus content, THAT will be when the greed is visibly apparent. (And I'm sure they'll get to that after they get you conditioned to downloading "bonus" content and purchasing crippled unfinished games)

      Right now the greed is that they're trying to convince you to pay full price for a game instead of getting it from someone who already paid the 50 bucks and found out it sucked ass compared to what they were expecting/promised and wanted to recover costs by giving it to someone else for a fraction of the cost. They want those extra people to buy the game new as well.

      And I agree with what someone else said about crippling resale value of a game undermines it's initial value. It may not be cars or houses, but it still has an effect, especially for those people who buy games and then sell/trade them in to help buy the next console 5 years from now. If the games end up having no resale value at all, then people will just think really really really REALLY hard before they buy it to make sure it's something they're going to want to keep.

      This means no more impulse buys unless the company is willing to sell it for a couple dollars, at which point someone won't care if they toss it in the garbage after a week.

    3. Re:"Isn't greed?!" by justinlee37 · · Score: 1

      Actually, yeah, more or less, at some level or another. Wouldn't it be better for the planet if you and all of your potential offspring just laid down and died?

    4. Re:"Isn't greed?!" by cliffski · · Score: 1

      you first

      --
      DRM-free indie games for the PC and Mac: Positech Games
    5. Re:"Isn't greed?!" by justinlee37 · · Score: 1

      Sorry, I'm greedy.

      Lightsaber duel to decide who gets to reproduce?

  28. *cough* by Anachragnome · · Score: 1

    "It isn't greed at all."

    Thou doth protest too much...........

  29. better way to do this? the Nintendo strategy by erac3rx · · Score: 1

    This is stupid, as people have said, since it's just making the game less valuable due to diminished resale value. They could 'reward' early buyers simply by promising to never offer it at a reduced price to retailers, aka the Nintendo strategy. People buy 1st party Nintendo games early because they know that they will stick the big name games at the full standard MSRP *forEVER*. It's the publishers dropping the prices too quickly to try to sell more copies that get people to wait and/or buy used.

  30. Almost by Gazzonyx · · Score: 1

    Actually, I think you're out 5 bucks and 20 hours of otherwise productive time this week :)

    I didn't know it's on Steam... what's the deal, one time fee of $5? If that's the case, I'll sign up for an account. By my calculations, that's like a good 100 hours or so of very enjoyable gaming for a fiver!

    --

    If I mod you up, it doesn't necessarily mean I agree with what you've said, sorry.

    1. Re:Almost by Maserati · · Score: 1

      A sawbuck for the Platinum edition, or more for bundles. Steam has an appalling variety of games these days.

      --
      Veteran, Bermuda Triangle Expeditionary Force, 1992-1951
  31. It's been happening in retail forever by DrSkwid · · Score: 1

    Everyone's getting all worked up over "free tank of gas with every purchase".

    --
    There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    1. Re:It's been happening in retail forever by asretfroodle · · Score: 1

      People view the extras offered with games as durable goods though, not consumables. They see it more like a free coffee mug, but you're not allowed to let anyone else use the mug.

      These restrictions seem a little silly so it's understandable why people are getting worked up.

    2. Re:It's been happening in retail forever by DrSkwid · · Score: 1

      I appreciate that people see bonus maps as tangible and durable and that their scarcity is artificial. At least they aren't a monopoly. Choice is real.

      E.A. are consciously trying to reduce the value of goods in the resale market of that there is no doubt. I don't see it as much different from offering a year's free car insurance with your brand new Ford Focus. And they don't bring new models out every year for the fun of it. It's partly to make second hand cars look old and unattractive.

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    3. Re:It's been happening in retail forever by asretfroodle · · Score: 1

      Yeah, but at least with cars you can still buy insurance for a second hand one. Almost anything you can get with a new car, you can get with a second hand car - as long as you're willing to pay for it.

      From what I've seen so far there won't be any similar market for these extras with video games.

      Maybe Oblivion works the way I'd like though? An original purchaser can't pass on downloadable content, but second hand owners can still choose to buy it. Is that right?

  32. OT: Textbooks by TheRaven64 · · Score: 1

    Completely off-topic, but do lecturers are reputable universities in the USA really set problems from their textbooks, rather than writing their own? Since the publisher will sell the answers cheaply and they are pretty easy to pirate, this seems particularly stupid (as well as lazy). Or are they unassessed, in which case does it really matter if they're different?

    --
    I am TheRaven on Soylent News
  33. Illegal by Anonymous Coward · · Score: 0

    This is illegal in most countries just like EA's EULA. But since the average customer cannot afford the hassle to take a lawyer for such issues, they get away with it.

  34. Car analogy: by I+cant+believe+its+n · · Score: 1

    So instead of your car being secretly bugged by the manufacturer, the glove compartment simply wont open once you sell?

    I agree, this will prevent car thieves from getting paid as much.

    --
    She made the willows dance
  35. REALLY stpuid examples by Anonymous Coward · · Score: 0

    Yeah, and nobody buys my tissue after I've used them. Or that mars bar I ate. There's a reason for that: they are one-use items. Like your tickets or holiday.

    And what if you DON'T get entertainment from your game purchase? Oh, NOW it's not about "the entertainment, full stop".

    Your game has no degradation to time or use. Except scratches (which wouldn't be a problem if you were allowed to make a backup copy). It is eternal. Selling it on is like selling on your house or car (which if you were not allowed to would be criminal) with the even more glaring truth that unlike your house or car which are somewhat damaged goods, the game is not.

    So please get your head out of your arse. This may require EA take their cock out of it first, but ask nicely and they may do it.

    1. Re:REALLY stpuid examples by Anonymous Coward · · Score: 0
      > So please get your head out of your arse. This may require EA take their cock out of it first, but ask nicely and they may do it.

      Dude, you do realize that's EA you're talking about.

      Ain't gonna happen, no matter how nicely the guy asks.

  36. Who *didn't* see this coming? by Bones3D_mac · · Score: 1

    Honestly, this really just seems like an extension of micro-transaction systems we're already seeing cropping up in the industry. While it might be an immediate annoyance to some, it would not surprise me if much of this exclusive content is eventually made available to anyone who wants it six months down the road.

    In the meanwhile, there are other options publishers could pursue if they wanted to limit the resale of new titles. One in particular is to have the publisher themselves offer to buy the game back from the consumer in exchange for a discount on a future purchase. The publisher could then re-package and sell the game again to another user at a slightly lower cost. This could help cut back on over-production while allowing the publisher to profit from the same copy of a game multiple times.

    Also, this kind of approach would probably make consumers more comfortable when we eventually do make the transition to digital-only distribution of major game titles over the next few years. At least this way, the user isn't left shelling out $50-$60 on a title knowing that once they buy it, the external value will have been lost. (Buyer's remorse is much worse once you know you can never go back.)

    --


    8==8 Bones 8==8
  37. Slippery slope by TheSpoom · · Score: 1

    This is just a test case to see if people will accept it, before they require this one-time code to be entered and then lock the game to that specific console.

    --
    It's better to vote for what you want and not get it than to vote for what you don't want and get it.
    - E. Debs
  38. Torrent the other disc! by Nick+Ives · · Score: 1

    NWN was awesome. I'd recommend you get one of the re-releases of it though. The original campaign was poo, the second expansion, Shadows of Undrentide(sp?) was OK whilst Hordes of the Underdark was awesome, a massive dungeon crawl through the Underdark!

    Most of the joy from NWN came from the user mods though. The Penultima series of mods are the only ones that immediately spring to mind; they were full of Pratchett style humour, which I loved.

    --
    Nick
  39. First piracy on the PC, now used console games... by Dutch+Gun · · Score: 1

    I have no problem with a company trying to maximize its profits. Disclosure: I'm a game developer, so I have an obvious interest in my company actually earning profits from customers.

    This is the kind of crap dreamed up by moneymen and management, not by game developers. Game developers dream of making it big by creating an awesome game that everyone wants to own and play. Management looks at an existing market and asks "what sort of tactics could we employ to squeeze more revenue of our existing customer base?" It seems reasonable to them, but it's ultimately a short-sighted approach.

    EA executives, here's a word of advice for you. If you want to increase sales, follow this simple set of rules:

    1) Focus on creating fantastic games. That's your business. Treat your own developers with respect. Allow them some room to innovate and create some cool stuff for you.

    2) Treat your customers with respect. Get rid of invasive DRM tactics that treat your valuable customers like criminals. Look to companies like StarDock as a model for how to win not just customers, but fans.

    3) ???*

    4) Profit!

    * EA Execs: The missing step is just a joke, originally based on an episode of South Park involving underpants gnomes - don't ask. It represents a "magic step" in a business plan that transforms an otherwise failed business strategy into success and profits. In your case, the "magic step" is probably something like "Stop being greedy and evil", so we'll just leave it at ???, m'kay?

    --
    Irony: Agile development has too much intertia to be abandoned now.
  40. Better idea: Dump the "special editions" by swordgeek · · Score: 1

    Two years ago, my computer wouldn't run any of the latest games. Now I have a new computer, and there are a few games from two years ago which I'd still like to play, so I head to the store in hopes of finding these now-obsolete titles being sold at a discount.

    But no, it's not to be. Instead, there's the "Game of the year edition", containing the same game in a bigger box, for the same amount of money. Or the "Gold edition." Or the "Platinum Edition." Or the super-mega-multipack edition, with every low-cost add-on which came out after the game (which to be fair, at least includes some extra content).

    How about selling two-year-old games for $20? Or is that too radical?

    --

    "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
    1. Re:Better idea: Dump the "special editions" by morari · · Score: 1

      How about selling new games for $20? Maybe people would be more willing to take chances and purchase games that aren't mega-hit sequels then.

      --
      "He who can destroy a thing, controls a thing." --Paul Atreides, Dune
  41. Problem is locked price points by Trojan35 · · Score: 1

    I really wouldn't mind games being locked into one owner with zero resale. The problem is the industry pricing isn't built that way right now. You shouldn't be able to lock me in as the only owner of a 8-10 hour game with a $60 price point, or I simply won't buy. That's rental territory and should be around $10-$15. On the other hand, games like Gears of War 2 I'd probably be willing to pay $60 and have $0 resale value, because it's that awesome and has awesome replay/online play longevity (and should have free map packs too).

    Bottom line, the games industry needs to either lock customers into 1 game per person and lower, variable price points; or sell resellable games at their inflated $60 price point. They can't have their cake and eat it too, or people just won't buy.

  42. Re:First piracy on the PC, now used console games. by rakslice · · Score: 1

    I think I need to rain on your parade a little. =)

    Judging by what I've read about StarDock (e.g. http://draginol.joeuser.com/article/303512/Piracy_PC_Gaming ,) they aren't doing what they do to "take the high road" or to win a fanbase that will get them buzz, they're doing it to maximize the dollars they earn.

    As I understand it, this means deliberately ignoring "game developer dreams" and choosing to make games that can be done on the cheap and will be bought the most.

    As I see it, StarDock isn't against copy protection measures in general, they are against them when they do not make good business sense (i.e. when the number of sales lost due to piracy is small, and and the few of those sales that copy protection techniques would recover would not be enough to make it worthwhile).

    In other words, StarDock isn't against copy protection on principle, they are against taking a stance against piracy on principle when it would lead to bad business decisions.

    My assumption is that StarDock's corner of the game business doesn't have enough second-hand sales for them to bother adding bonus content for the reason suggested in the story.

  43. There's another reason for bonus content by rakslice · · Score: 1

    There's another reason for game developers to make some of the game content "bonus" DLC: It lets them kick the remainder of the game out the door complete with flowery promotions about the bonus content in the marketing materials and on the back of the box, to start the cash train from customers a-rollin', without having to have the bonus content finished for months.

    Take Rock Band 2; from the official FAQ:

    "[Q:] When will the Bonus Tracks be ready?
    [A:] While no official release date has been announced, we expect the 20 bonus songs to ready [sic] for download before the end of 2008."

    In the case of the Rock Band 2 bonus content, I'm skeptical that the bonus code will be limited to one use, because nothing in the marketing describes it as a special offer or as being limited in any way, and doesn't the US FTC sort of frown on time- or use-limited offers that aren't described clearly as such?

    1. Re:There's another reason for bonus content by rakslice · · Score: 2, Funny

      Er... and by "frown" I mean the 8 1/2" x 14" kind of "frown"...

  44. The true reason: Gamestop/et al by LinuxThis · · Score: 1

    As a game devver, I can tell you that the real reason for this kind of a move is aimed at making new games more attractive for buyers than resold ones.

    Consider a place like gamestop. When you walk into there, where are all the new games? WAY WAY back on the top of the back shelf, and up front is the bargain bin, old games, used games. Game developers make no money from purchase of a used game (there are no royalties or anything like that for used games [as it should be, IMO]).

    Places like Gamestop make all their money by buying up used games cheap and selling them for way more than the cost they bought them for.

    A used game is usually (marginally) cheaper than a new one. This steers your average gamer into the bargain bin vs a new game, but this one-time content would be an incentive to get a new game for some bonus stuff.

    I hope this is only used to offer BONUS content as a reward for buying new, and not reduce functionality. E.g. none of this: 1) You can't play this game because it was already 'activated' by someone 2) You get this crappy version of the game because it was used -Dom

  45. But... by Anonymous Coward · · Score: 0

    It isn't greed but... you've already been paid once for the game... supporting a second hand user (not simultaneous) shouldn't cost you more...

  46. This isn't exactly new by analog_line · · Score: 1

    As someone who nearly exclusively buys used (or bargain bin new if we're talking PC games) this isn't exactly all that new.

    1. "Collector's editions" have been endemic for years, and in my experience, you're damn lucky if any of that stuff makes it back to the store when someone trades it in (I've been damn lucky before, SMT Nocturne original with the soundtrack, well before it got reprinted, but that's the only time). I had to dig and dig for even a NEW copy of Metal Gear Acid 2 that hadn't had all of its extra stuff lifted by the employees.

    2. Extra stuff, with codes in inserts for downloadable content is par for the course. I assume that's how most of these work, and instead of broadcast coupon codes like they used to be, they're one-time use codes like a mini-gift certificate. There's no other sensible way to do it. If you get it cheap (that one copy of whatever that just hangs around on the store shelf until it's $20) or the person who owned it before you doesn't bother to even look at the manual or inserts (happens quite often, though if they're good the store employees will snatch them when it gets sold back, got to be lucky) you're golden. Even so, the entire time I've played games, I've never found ONE of these things that ended up being awesome enough that I just had to have it no matter what, or wasn't eventually released in the "greatest hits" version later if it was.

  47. Cell Phone Number solution by Pervaricator+General · · Score: 1

    The germ of this argument is: distribution on media = right of first sale; distribution via servers = license bound by right of company to say it is non-transferable: if the company puts a restriction on the car washes: that you cannot transfer this "bonus" to another person.

    The fix is the same as for Cell-phones: legislate it to be portable or stop whining. Give it the same protections as cell phone numbers, portability required.

  48. Re:First piracy on the PC, now used console games. by Dutch+Gun · · Score: 1

    As I see it, StarDock isn't against copy protection measures in general, they are against them when they do not make good business sense (i.e. when the number of sales lost due to piracy is small, and and the few of those sales that copy protection techniques would recover would not be enough to make it worthwhile).

    In other words, StarDock isn't against copy protection on principle, they are against taking a stance against piracy on principle when it would lead to bad business decisions.

    As a die-hard capitalist, that doesn't rain on my parade at all. Stardock's CEO has stated that copy protection doesn't lead to increased sales, and that's ultimately his job. He understands the benefit of customer service. You can equivocate about how ultimately it's self-serving, but does the customer really care about that? I truly believe that the best sort of commerce is mutually beneficial, where both parties are happy with the exchange and are willing to do business again at a future date. To me, that's what Stardock represents. As to the point of creating "fans", my point was that if you create great games and treat your customers well, then you'll create loyal customers (or "fans"), who are willing to spend money to ensure you keep creating more games they enjoy.

    --
    Irony: Agile development has too much intertia to be abandoned now.