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Gamers, EFF Speak Out Against DRM

Last month, we discussed news that the FTC would be examining DRM to see if it needs regulation. They set up a town hall meeting for late March, and part of that effort involved requesting comments from potential panelists and the general public. Ars Technica reports that responses to the request have been overwhelmingly against DRM, and primarily from gamers. The Electronic Frontier Foundation also took the opportunity to speak out strongly against DRM, saying flat out that "DRM does not prevent piracy," and suggesting that its intended purpose is "giving some industry leaders unprecedented power to influence the pace and nature of innovation and upsetting the traditional balance between the interests of copyright owners and the interests of the public." Their full public comments (PDF) describe several past legal situations supporting that point, such as Sony's fight against mod chips, Blizzard's DMCA lawsuit against an alternative to battle.net, and Sony's XCP rootkit.

203 comments

  1. Wrong battle? by betterunixthanunix · · Score: 5, Insightful

    Why bother to fight DRM? DRM is not the problem, the problem is that distributing DRM workarounds is illegal. Instead, why not go after the root problem, the DMCA?

    --
    Palm trees and 8
    1. Re:Wrong battle? by Anonymous Coward · · Score: 5, Interesting

      DRM is also the problem. Where does this idea come from that you can only fight on one front?

    2. Re:Wrong battle? by hedwards · · Score: 1

      That's not actually true, code itself is still protected under first amendment grounds, and the companies would be nuts to try and enforce it on foreign nationals or people that are downloading it. Well, providing that you're within the provisions set forth in section 1201 of the DMCA, that is, which shouldn't be that hard to demonstrate.

      In pretty much any case where you'd want to remove the DRM for personal use you'd likely be covered.

    3. Re:Wrong battle? by skynexus · · Score: 2, Interesting

      The anti-circumvention provisions in the DMCA is based on the assumption that DRM works. It is much harder to defeat the DMCA if you ignore the fallacy of DRM because, then, legislators will keep believing it helps a large part of the US economy (that is, the media industry).

    4. Re:Wrong battle? by thermian · · Score: 0, Troll

      Why bother to fight DRM? DRM is not the problem, the problem is that distributing DRM workarounds is illegal. Instead, why not go after the root problem, the DMCA?

      The DMCA wasn't, in itself, a bad idea. What happened was that there was no attempt made to stop companies misusing it, and this lack of early intervetion is a cause of many of the present problems.

      They should have realised it wasn't working as planned as soon as companies started using DMCA takedown notices to disrupt the trading activities of other companies.

      --
      A learning experience is one of those things that say, 'You know that thing you just did? Don't do that.' - D. Adams
    5. Re:Wrong battle? by nine-times · · Score: 4, Insightful

      I don't think it's really the wrong battle. The big problem with DRM is that it arguably means that you're being sold a defective product. You're being sold something that's designed to break and ceases to serve its purpose under some circumstances.

      I don't want to get into the particular argument here whether products with DRM are always defective, but it seems like a step in exactly the right direction for the government to recognize that DRM *can* constitute a defect in the product. Once there is some sense that DRM is not always valid, that it's possible for DRM to make a product so defective that they should be barred from selling it, then we can begin to talk about what, exactly, is "fair".

      Personally, I don't think DRM is always awful. For example, companies putting DRM on movie rentals rather than movie sales seems fair. Although I didn't think I'd like Steam, once I tried it, it seemed to be a pretty reasonable use of DRM. In that particular situation, I view it this way: I've agreed to sign into a service before playing games, and in return, I have copies of my games hosted such that I have access to them wherever I want.

      And I'm not sure where you draw the line on what's "fair" on DRM; I know plenty of people who just thing it's always bad. However, it would be a big win for consumers, for the government at least to recognize that it's not always acceptable. I would at least like to see a law that says that, if you're selling (not renting) products with DRM that checks against some server, then if you ever shut that server down, you are responsible for making available the means to permanently remove that DRM.

    6. Re:Wrong battle? by M1rth · · Score: 4, Insightful

      The DMCA wasn't, in itself, a bad idea.

      You're joking, right? The DMCA was a horrid idea, just like the eternal "copyright extensions" (which should have been unconstitutional as ex post facto law changes anyways) the content cartels have been buying constantly.

      Think about it. Mickey Mouse - or at least Steamboat Willie, the cartoon - should have passed into the public domain DECADES ago. Meanwhile, Disney rapes and pillages the public domain with impunity; if you want to make an animated or live-action Snow White, or Beauty and the Beast, or anything else they've already done be prepared for their army of lawyers to start screaming "it's too similar, shut them down" even if you follow the original plotlines of the story/book in question.

      What happened was that there was no attempt made to stop companies misusing it

      Bullshit. DRM rapes the public domain AND tries to take away the fair-use rights of consumers at the same time.

      Under fair use, I have the right to make a backup copy of something I purchased. There are MANY reasons to do this - fire/flood concerns, degradation of the original media (DVD's scratch, tapes wear out, etc), and of course the ever-present Small Children and My Dog That Likes To Chew On Things problems.

      Under fair use, I also have the right to space-shift and time-shift content. Broadcast over the airwaves, but I'm out to dinner? No problem. Set a VCR up with a timer, watch it later. Archive it for posterity. Want to convert it for iPod, or PSP, or something else that's portable? I have the right to do so. The next round of "DRM" will be trying to push the so-called "broadcast flag" into the shortly-only-available-variety Digital TV broadcasts, which will require either (a) a recorder that ignores the flag or (b) the goodwill of the broadcaster. This is a fundamental shift that will wholly strip away people's ability to, say, record the sunday Packers game for later because they're busy volunteering as an adult chaperon for a church retreat.

      With DRM, I am prevented from exercising my fair-use rights for perfectly legitimate reasons. Prior to the DMCA, if I could figure out a way around it (such as a Macrovision Stripper for VHS), I was able to get my rights back.

      After the DMCA, no dice. I committed a "crime" doing what was necessary to exercise my legal right to safeguard what I had purchased.

      The DMCA itself was a bad idea. Anyone who says differently needs to be slapped repeatedly.

      --
      If you can read this sig, congratulations, you have your glasses on!
    7. Re:Wrong battle? by johnsonav · · Score: 4, Informative

      The DMCA was a horrid idea, just like the eternal "copyright extensions" (which should have been unconstitutional as ex post facto law changes anyways) the content cartels have been buying constantly.

      "Ex post facto" has a specific legal meaning, which is completely different than whatever you think it means. Copyright extensions do suck, but they don't have anything to do with "ex post facto".

      --
      ... and that's when the C.H.U.D.'s came at me.
    8. Re:Wrong battle? by KDR_11k · · Score: 2, Insightful

      No. Stuff that's being sold for money should work out of the box, not just have a workaround that only the tech savvy know about. DRM is still a massive inconvenience either way and installing a rootkit on your system isn't magically reversed just by cracking the software. Plus often the workaround is to download a version off TPB which isn't permitted even without the DMCA.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    9. Re:Wrong battle? by Chaos+Incarnate · · Score: 1

      For copyright extensions to qualify as "ex post facto", they would have needed to be implemented after the copyrights had expired. Otherwise, the material never entered the public domain, so there was never a retroactive change to the works' copyright status.

      --
      Benford's Corollary to Clarke's Law: "Any technology distinguishable from magic is insufficiently advanced."
    10. Re:Wrong battle? by Mad+Merlin · · Score: 1

      In the mean time, you could just play games without any DRM, like Game!

    11. Re:Wrong battle? by wkk2 · · Score: 3, Insightful

      An author that sold their rights might be able to make the case that they are due additional compensation for the extra time. They gave up their rights for the remainder of the copyright term which was extended. So congress took property without paying for the loss which might be due under the 5th amendment. Just an idea...

    12. Re:Wrong battle? by thermian · · Score: 1

      What does copyright extension have to do with the DMCA?

      --
      A learning experience is one of those things that say, 'You know that thing you just did? Don't do that.' - D. Adams
    13. Re:Wrong battle? by msormune · · Score: 1, Troll
      Don't like DRM or DMCA? Don't use products that it applies to. It's that simple. There's you choice, as a consumer. The real error here is you may think you have to have a TV or you have to watch DVDs. You're wrong.

      After a year without TV just reminds me how pathetic the whole thing is. People act like consuming entertainment media is air that you need to survive.

    14. Re:Wrong battle? by russotto · · Score: 1

      Why bother to fight DRM? DRM is not the problem, the problem is that distributing DRM workarounds is illegal. Instead, why not go after the root problem, the DMCA?

      Because they already lost that battle when they failed to appeal 2600 v. MPAA.

    15. Re:Wrong battle? by Anonymous Coward · · Score: 0

      The ex post facto always rings twice?

    16. Re:Wrong battle? by b4upoo · · Score: 3, Interesting

      When killing the enemy it is important to smash their weapons. DRM is an enemy weapon and breaking it is simply part of a continuing war to let communications be free from any governments desire to keep people in their own little box.

    17. Re:Wrong battle? by Anonymous Coward · · Score: 0

      Ok, officer Dick, what does it mean, then?

    18. Re:Wrong battle? by Anonymous Coward · · Score: 0

      Because the *root* problem is not DMCA. The root problem is piracy. Eliminate piracy, and you'll all stand a better chance at eliminating DRM. Similarly, as piracy increases, you can bet on industry groups pouring more money and effort into DRM.

      From the Article:
      [DRM's] is "upsetting the traditional balance between the interests of copyright owners and the interests of the public."

      Actually, internet piracy upset the traditional balance between the interests of copyright owners and the interests of the public. DRM is industry's attempt to maintain their own survival in the face of piracy.

    19. Re:Wrong battle? by Chaos+Incarnate · · Score: 1

      That's interesting—I hadn't though of works for hire. On the other hand, the material wouldn't have reverted to them; rather, it would have entered the public domain. Any compensation due them (what value you'd assign, when a public domain work is worth $0, I leave as an exercise for the reader ;) ) would be due every American.

      --
      Benford's Corollary to Clarke's Law: "Any technology distinguishable from magic is insufficiently advanced."
    20. Re:Wrong battle? by P00k13 · · Score: 1

      DMCA is not the root problem. If there is no DRM then you don't need to hack it. DMCA is only a problem because there is a need to hack it.

    21. Re:Wrong battle? by Petrushka · · Score: 3, Informative

      "Ex post facto" has a specific legal meaning, which is completely different than whatever you think it means. Copyright extensions do suck, but they don't have anything to do with "ex post facto".

      Ex post facto refers to something that changes the legality of an action retroactively. The DMCA changes the nature of copyright retroactively. It's not that inappropriate. Close enough for government work, at least.

    22. Re:Wrong battle? by wkk2 · · Score: 1

      The value is not $0 during the extended period. Damages might be valued at the market cost of replacement during that time. The extended copyright would also prevent 2nd additions, sequels, etc.

    23. Re:Wrong battle? by bit01 · · Score: 1

      "Ex post facto" has a specific legal meaning,

      Legal terms often have different meanings in general parlance. Lawyers really need to come to terms with the fact that most people's lives do not, and should not, revolve around the law.

      ---

      A neurotic is the man who builds a castle in the air. A psychotic is the man who lives in it. A psychiatrist is the man who collects the rent. - Jerome Lawrence

    24. Re:Wrong battle? by johnsonav · · Score: 1

      Legal terms often have different meanings in general parlance. Lawyers really need to come to terms with the fact that most people's lives do not, and should not, revolve around the law.

      Agreed. But the original poster was trying to make a constitutional argument regarding copyright extensions. It's impossible to make a legal argument without using legal terminology; "common usage" is simply too vague.

      --
      ... and that's when the C.H.U.D.'s came at me.
    25. Re:Wrong battle? by mrchaotica · · Score: 1

      It is much harder to defeat the DMCA if you ignore the fallacy of DRM because, then, legislators will keep believing it helps a large part of the US economy (that is, the media industry).

      Of course, that itself is a fallacy too! The media industry is not a large part of the US economy, by any measure. It's very visible because of its nature, but it's not large.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    26. Re:Wrong battle? by Anonymous Coward · · Score: 0

      And the cause of raiders of ships?...the cost of the stuff being transported in the first place.

      Or to put it another way, if the cost of the original wasn't ridiculous, copyright infringement wouldn't be as worthwhile - why did a Cassette Tape with *EXACTLY* the same content as a CD cost about 2/3 (or less) the price, when the manufacture of CDs which much more cheaper than tapes: were tapes being sold at a loss? Or the CDs being sold at an over inflated price?

    27. Re:Wrong battle? by Anonymous Coward · · Score: 0

      But I don't fully agree w*OUCH*

    28. Re:Wrong battle? by Anonymous Coward · · Score: 0

      But works that entered the public domain don't leap back into copyright. Legal actions that were performed before the passage of the DMCA are not prosecutable, which is the Supreme Court's definition of ex-post-facto (and unless you reject Marbury v. Madison, that's what counts). New things may be illegal, but that's the case anytime you pass ANY law that criminalizes something.

      The only little retroactive bit is that people who *anticipated* being able to copy certain works made in the past got let down. And that's not even part of the DMCA, that's the Sonny Bono Copyright Extension Act.

      So, to recap, it's barely retroactive, the ways in which it's retroactive aren't "ex-post-facto", and the ways in which it's retroactive aren't even part of the law under discussion. I don't think you've provided sufficient truthful facts to be worth a +4 Insightful.

  2. Fuck Spore by mfh · · Score: 1

    I was so excited for this title with all of the cool features and ideas.

    Then I read all the stuff about the DRM and I totally passed on it.

    Fuck Spore and fuck all the other games that force DRM onto our computers.

    World of Warcraft does it right, imo. You have an account and you log in. They authorize you. Warden is non-intrusive.

    Blizzard got Wow's auth system right, imo.

    --
    The dangers of knowledge trigger emotional distress in human beings.
    1. Re:Fuck Spore by db32 · · Score: 1

      Would that be before or after the use the DMCA lawsuits claiming copyright circumvention of their silly Warden? Blizzard turn into a bunch of asshats post Vivendi. bnetd is another casualty of those clowns.

      --
      The only change I can believe in is what I find in my couch cushions.
    2. Re:Fuck Spore by Anonymous Coward · · Score: 0

      The point is, WoW doesn't fuck up your computer with DRM crap.

      The DMCA is another point entirely as it's only for USA citizens.

    3. Re:Fuck Spore by El+Jynx · · Score: 2, Insightful

      They're protecting their interests, of course. And like most firms guided by anal retentive lawyers, they don't know how to react decently, only "legally". But I think the concept of login / auth is fine. One might expound upon the idea by combining it with a shell of some sort - say, a VM - which contains only the game you want to play, and whatever security software it needs, and nothing else. That would prevent (or at least slow) hackers from cracking it up again.

      But the root of all greevil is of course, humanity: hacking is too easy to learn, and the kids have the IQ far before they have the sense of responsibility. Try souping up education for a change. It's something that has to be relearned by EACH fewkin' generation! Our teachers should be well-paid and well-respected, instead they're downtrodden. And we think it's strange so many kids are so mentally fucked up? Unlimited corporate economics is at fault here, simple as that.

      --
      A positive attitude may not solve all your problems, but it will annoy enough people to make it well worth the effort.
    4. Re:Fuck Spore by Anonymous Coward · · Score: 0

      That's all well and good for online games, but I shouldn't have to ask permission to play a single-player game that I paid for.

    5. Re:Fuck Spore by poetmatt · · Score: 1

      Just wanted to say, login/auth is just a silly form of DRM. It's how blizzard has made so much, really. If it wasn't authenticated that way it'd be, I don't know, BnetD? God forbid people play on other things, and all that. Not like that made their company big, or anything. (/sarcasm)

      meanwhile, a VM would absolutely never work. There's a problem with VM's, and it's called adaptability. Also once there is a VM that can handle openGL in its entirety (better than wine), you just opened a new bag because nobody would use windows at all anymore, and then we have MS flexing their lawyers. This same VM would never be able to handle all existing and future hardware, even with effort. It just doesn't happen. The best you can do is a limited subset of compatibility, which then puts everyone in a blame game.

      I completely agree unlimited corporate economics as at fault though.

    6. Re:Fuck Spore by db32 · · Score: 1

      Suing your customers isn't exactly the best way to protect your interests. The problem is that the LAWYERS are protecting their interests. Megacorp launches lawsuit, lawyers get paid regardless of the survival and future business of megacorp. Hell, the lawyers can even win the case so they can add it to their resume for their next gig even as the company burns as a result of that win. Paying $x/month for the right to log in to their servers and play is fine. Kicking users off for violating the terms of service by manipulating how the computer handles data, fine by me. Using the DMCA to sue makers of the programs that allow you to twiddle the bits in your computers memory and being sent out on your computers network card, absolutely bullshit. Copyright is about redistrobution, I am supposed to be able to make all the copies and modifications I want to a copyrighted work that I purchased so long as I do not try to distribute it. Should we start suing highlighter companies for selling devices that allow the modification of a copyrighted work when students highlight their college textbooks to alter the formatting?

      Their handling of these issues have been so horrible over the last few years that I will not be purchasing another Blizzard product until they can show the decision makers responsible for these DMCA abuses are bound and gagged and then sodomized by a jackhammer every time they try to speak. Further, they should put the video evidence under the creative commons license to atone for their past copyright abuses.

      --
      The only change I can believe in is what I find in my couch cushions.
    7. Re:Fuck Spore by Anonymous Coward · · Score: 0

      Teachers would get more respect if they wouldn't cancel school at the drop of a hat due to a snow flake hitting the ground.

      I don't envy anyone becoming a teacher but a lot of them do have a bit too much ego purely because they're the one with the answer book in the classroom.

      The teachers don't cancel, the school administration decides to cancel.

      And ego because they have an answer book? Please. Maybe if you listened to them in class you'd learn a thing or two.

    8. Re:Fuck Spore by Bert64 · · Score: 1

      Well, a VM adapts your native hardware into a single form that software can utilize...
      Windows does exactly the same, the hardware may differ but the programming interface is largely the same. Both introduce performance losses relative to fully native code.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    9. Re:Fuck Spore by Artifakt · · Score: 1

      There's a real need for investor education.
      Most market analysts will steer investors away from buying into a profitable business if the projected labor costs are rising. It's common for some industries to regard anything above 10% of costs being labor related as a sure sign of failure on the horizon.
            A law firm that takes on an IP lawsuit usually expects 33-35% of the projected profits or more if they succeed - sometimes 50% or more. That ought to be viewed as a labor situation. If you wouldn't buy stock in a company because a union threatened to raise general labor costs to 30% of total costs, you should avoid like the plague a company which expects to win an IP suit that is costing them 50% to a law firm.
                If anything, because lawsuits are mostly one shots that don't necessarily translate into more profits in subsequent quarters, and because the time-frame for actually receiving a profit is extremely variable, (if it even happens), an investor should be even more reluctant to buy stock in a firm in litigation than just about any other possible firm.
                Not realizing a hired law firm is still a hiring profitability issue is currently institutionalized dumbness. Not realizing the lawyers can often get what they want without giving you what you want results chiefly from a failure to teach Finance 101 properly to freshmen MBA's. Until US business schools start teaching right, SCO v IBM's will keep happening.

      --
      Who is John Cabal?
    10. Re:Fuck Spore by mrchaotica · · Score: 1

      Blizzard turn into a bunch of asshats post Vivendi. bnetd is another casualty of those clowns.

      BnetD was after Vivendi? What about Freecraft (which I also haven't forgiven Blizzard for)?

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    11. Re:Fuck Spore by thetoadwarrior · · Score: 1

      I did listen to them and did quite well. I'm not saying all teachers are bad but there are quite a few of them that think their shit doesn't stink because they teach kids and therefore control the future.

      And yes the ultimate decision to close a school isn't the teacher's decision but to say they have no influence, at least in some schools, is naive.

    12. Re:Fuck Spore by db32 · · Score: 1
      You get a cookie! I would guess that 70%+ of all of our economic woes actually come from uneducated "I get what I want" consumers and uneducated "Get rich quick" investors. If anyone with a damned clue was holding the investing dollars we would not have had so many people repackaging bad loans as investment opportunities and actually getting away with it. If consumers had half a brain we wouldn't have our balls in a vice with IP laws and other such heavy handed tactics. I haven't purchased a Sony ANYTHING since their stupid rootkit debacle, I have purchased any label CDs since the RIAA sue everyone thing started. You have to be willing to put aside your luxury items and vote with your dollar if you want anything to fix. Relying on lawyers to fix everything for you is a horrible economic plan since the money cycling through the law firms for settling stupid arguments should have been used to create new stuff. It is almost the broken window thing.

      That said I must point out one incorrect thing you said and it is more of an exception than a correction.

      an investor should be even more reluctant to buy stock in a firm in litigation than just about any other possible firm.

      Unless that firm IS a legal firm.

      --
      The only change I can believe in is what I find in my couch cushions.
  3. Speaking strongly against DRM by BadAnalogyGuy · · Score: 3, Insightful

    "DRM does not prevent piracy"

    Which implies that piracy is an undesirable thing. Therefore we shouldn't be focused on DRM as the sole solution to the piracy problem, but as part of a larger set of steps to eliminate the problem.

    Either piracy is a bad thing which ought to be dealt with, or it is a good thing which should be encouraged.

    The EFF's point (as is typical for them) is full of rhetoric but fails to truly understand the issue. It's a shame they are on the right side because they aren't really helping.

    1. Re:Speaking strongly against DRM by Anonymous Coward · · Score: 0

      Saying "DRM does not prevent piracy" isn't to imply that piracy is an undesirable thing. It's to attack the stated intent of DRM. Which is to prevent piracy. Saying that it doesn't work shows that if that's their stated purpose for it, then it's ineffectual. The fact that they continue to throw money at something that doesn't work implies that preventing piracy isn't their actual intent with DRM.

    2. Re:Speaking strongly against DRM by BadAnalogyGuy · · Score: 0, Troll

      I realize it is 16 pages long, but please read the EFF's submission. It clearly explains that DRM isso completely effective in the restriction of piracy that the simple threat to shutdown DRM servers (Yahoo!, MSN, AOL) sent users scrambling for legal measures to prevent the shutdowns. The loss of the servers would make all the DRM-covered items useless - the exact opposite of ineffective piracy measures.

      Now, they also argue that DRM prevents users from using their legally-acquired items in legal ways, and that has some weight. But as a piracy deterrent, DRM is actually quite effective, if you are to believe the EFF.

      Maybe different people wrote the submission. That would explain the contradiction between the summary and the details.

    3. Re:Speaking strongly against DRM by CarpetShark · · Score: 1

      It's a shame they are on the right side because they aren't really helping.

      A bit like yourself then.

    4. Re:Speaking strongly against DRM by BadAnalogyGuy · · Score: 1

      That's a big assumption, isn't it?

    5. Re:Speaking strongly against DRM by Anonymous Coward · · Score: 1, Insightful

      Not necessarily. For piracy to happen, you only need a few people able to go around DRM and they can distribute the result then. However, majority of people can't circumvent it and they are screwed if the servers go down. Unless they pirate it, which is illegal.

      Something can well be ineffective against piracy and hard to circumvent for Joe Sixpack.

      But to article... EFF speaks against DRM. News at eleven.

    6. Re:Speaking strongly against DRM by Anonymous Coward · · Score: 2, Insightful

      From the EFF submission:

      "DRM is touted as an effective means
      to restrict copyright infringement, yet evidence continues to mount that DRM not only
      does little to inhibit unauthorized copying, it may actually encourage it"

      Sounds to me like they're not only calling it ineffective, but counterproductive.

    7. Re:Speaking strongly against DRM by BadAnalogyGuy · · Score: 1

      That assumes either that legal users would not have the right to duplicate the software for backup purposes, or that illegal users would somehow be reduced if it were easier to make duplicates of the software.

      Neither of those are correct. DRM may not deter piracy (an assumption no one has challenged with any facts), but it doesn't follow that it must then encourage it.

    8. Re:Speaking strongly against DRM by Anonymous Coward · · Score: 0

      "The loss of the servers would make all the DRM-covered items useless - the exact opposite of ineffective piracy measures."

      People who attempted to pirate the product and were successful could care less if the DRM servers went down, which is kind of the point: the pirates aren't stopped or inconvenienced in the least, and the legitimate customers are. What kind of stupid scheme is that? Worse, one solution to DRM servers going down is for people to back up the data in such a way that DRM is stripped off -- a solution suggested by some companies. In other words, even they know it is ineffective.

    9. Re:Speaking strongly against DRM by Anonymous Coward · · Score: 0

      Actually it does.

      Take Civilization 4 and Civilization 2. I purchased legitimate copies of both, for both of them, the cd broke/wore out.

      So:
      A) I can 'pirate' it, especially when those versions also include no-cd cracks (Technically, it's piracy, not to mention probably with a side of violating the DMCA.*)
      B) Copy a CD (Oh look anti-copy crap on it. And if it breaks, same situation)
      C) Try to get a replacement CD from the maker. (Uh huh. Just try that sometime. It used to be common, and relatively easy.)
      D) Go buy another copy. (And reward them for having a DRM scheme)

      Guess which option I chose?

      Not to mention most games run FASTER with no-cd cracks because it's not randomly checking at random/obnoxious times.

      *As per some courts.

    10. Re:Speaking strongly against DRM by BadAnalogyGuy · · Score: 1

      The answer is A, but please provide information about courts ruling that you can't copy your game.

    11. Re:Speaking strongly against DRM by KDR_11k · · Score: 1

      If all DRM did was blocking copies, sure. Modern DRM however introduces more and more retarded restrictions that have nothing to do with copying (can only be installed three times?) and also add new modes of failure, e.g. mandatory authentication with a server fails when the server or the internet connection fails.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    12. Re:Speaking strongly against DRM by Bert64 · · Score: 1

      I don't know about on a mass scale, but i know several people who would rather pirate a game than suffer from DRM... Some of them will also buy the game first, but never actually use the purchased version.

      There are many reasons behind this, such as a desire not to infect their systems with drm rootkits and the problems they cause, wanting to play without hunting for the media especially when traveling etc, wanting to let kids play without damaging the media (two fold here, without drm they no longer need the original media and can now copy it to have a disposable backup)...

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    13. Re:Speaking strongly against DRM by PaganRitual · · Score: 1

      The Civ games have DRM? I thought they just had cd checks. Unless you're counting a simple "Do you have an original disc?" check when starting the game as DRM, which is surely not the problem.

      DRM is Securom, it's Starforce, it's Steam. It's calling home everytime or during install or whenever the system decides that it doesn't trust you anymore.

      You're seriously bitching about cd-checks? Oh my fucking god, to go back to a time when cd-checks were the height of anti-piracy measures.

      Oh wait, you're already on O points because this is completely fucking stupid. I'm going to post anyway just to make myself feel better.

    14. Re:Speaking strongly against DRM by Anonymous Coward · · Score: 0

      You're seriously bitching about nightly beatings? Oh my fucking god, to go back to a time when nightly beatings were the height of torture.

    15. Re:Speaking strongly against DRM by Nefarious+Wheel · · Score: 0, Troll

      DRM does not prevent piracy

      Correct. Wire-guided missiles prevent piracy. A well-placed naval warship prevents piracy. What DRM prevents is the non-destructive copy of a copyrighted work. This is annoyance, not murder

      Pirates are people who invade ships and deny them to their owners by force of arms.

      Mind you, there are times when I'd like to put DRM proponents into a Zodiac painted "Billion Dollar Cargo" and send them adrift off Somalia, but that'd be crossing the line I think...

      --
      Do not mock my vision of impractical footwear
    16. Re:Speaking strongly against DRM by mrchaotica · · Score: 1

      I thought they just had cd checks. Unless you're counting a simple "Do you have an original disc?" check when starting the game as DRM, which is surely not the problem.

      The fact that the DRM is trivial does not make it stop being DRM. DRM is a description of the purpose of a technology, not the effectiveness of it.

      Similarly, "to be" is a trivial verb, but that doesn't make it not a verb!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    17. Re:Speaking strongly against DRM by iiiears · · Score: 1

      DRM and Piracy two sides of the same coin neither will be completely eliminated.
        The real questions are how much investment does a content provider need to produce something of value and, does the customer agree with the producers estimated valuation.
        Value is always estimated best by a well informed consumer.
        DRM may be necessary but so is complete information about the product being purchased. As few of us are capable of understanding the complexity of electronic systems we must rely on experts to inform us. The D.M.C.A. limits the ability of the consumer to make an informed decision of a products true value to them.
        The extension of the protections on copyrights does provide value to content providers. The only problem never to be solved is the definition of derivative works.

           

      --
      15TW = 15,000 Nuclear Reactors. (Approx. one accident a month.)
  4. Hearing this, RockStar announced their new game by Anonymous Coward · · Score: 3, Funny

    DRM Killer, available later this fall featuring SecureROM.

  5. the source of the problem by mcfatboy93 · · Score: 1

    saying flat out that "DRM does not prevent piracy,"

    I guess in the gaming and Hacking communities puting up a system that prevents you from doing something is like saying "look what i did now break it"

    --
    Its not my fault, someone put a wall in my way.
  6. Auth Systems by mfh · · Score: 1

    Auth systems work. By keeping the bulk of the game functionality on the server side, and requiring a login, 99% of DRM issues are covered. You could argue that a company could provide the game engine for free as a method of enticing people to register and pay to play.

    --
    The dangers of knowledge trigger emotional distress in human beings.
    1. Re:Auth Systems by Anonymous Coward · · Score: 0

      99% of DRM issues are covered.

      Then 1 out of every 100 customers will be banned from logging in with no provocation or be otherwise unable to access the auth server for reasons beyond their control and thus won't be able to play their games, not accounting for the mass nerd rage when the servers go down or the company maintaining them goes tits up. Auth systems work - just ask any MSN or Yahoo! music customer.

    2. Re:Auth Systems by Anonymous Coward · · Score: 0

      Yeah, just like in WoW...wait, no, you're completely missing the parent's argument.

  7. RIGHT battle! by CarpetShark · · Score: 4, Insightful

    Why bother to fight DRM? DRM is not the problem, the problem is that distributing DRM workarounds is illegal. Instead, why not go after the root problem, the DMCA?

    I really wish people would stop the arrogant assumption that they can always work around whatever DRM manufacturers create, even when they all get together to work against the public. Breaking cryptography is HARD. Some crypto is UNBREAKABLE in any reasonable amount of time, using any known techniques. The UK's Sky TV, for instance, has been using the same crypto on their satellite broadcasts for years now, with no cracks available.

    1. Re:RIGHT battle! by Anonymous Coward · · Score: 0

      On the topic of satellite, what IS the point of encrypting broadcasts that are Free To View anyway?

    2. Re:RIGHT battle! by Anonymous Coward · · Score: 5, Informative

      You're wrong.

      DRM circumvention is a trusted-client-subversion problem, not a cryptanalytic problem (which is, indeed, much harder, though not typically impossible).

      In DRM scenarios (which is what distinguishes them from securable encryption scenarios), the attacker has the ciphertext and the key, albeit possibly in an obfuscated or hard-to-access form. Given a sufficiently motivated attacker who has the key (in whatever form) under their control, the DRM scheme will always lose. (I've never seen any copy-protection scheme survive a serious attack, and I probably never will.)

      The VideoGuard scheme used by Sky is broken in various ways, but the crackers are very secretive, and the breaks are almost unpublished (thanks mostly to heavy crackdowns). The presence of unencrypted transport stream rips of HDTV broadcasts proves the existence. You can't get the cracks easily; but clearly someone must indeed have them.

    3. Re:RIGHT battle! by phulshof · · Score: 5, Insightful

      Please do not confuse DRM with standard encryption techniques. Normally, encryption is used between two or more parties to keep one or more other parties from reading the encrypted material. DRM, or TPM to be more precise, is used to keep the recipient of the material from copying it, while at the same time allow them to read it (otherwise they would never buy it). As such, any DRM that people want cracked will be cracked. I think your example says more about Sky TV than about their encryption technology. :)

      DRM is a failure in that it provides the would be attacker with the message, the cypher, and the key. They just try to hide those last two, which is no true basis for protecting material.

    4. Re:RIGHT battle! by Anonymous Coward · · Score: 0

      I think the more important question is, do we need rules about this?

      Don't like it? Don't pay for it.

    5. Re:RIGHT battle! by Anonymous Coward · · Score: 0

      I don't understand why this is modded insightful at all. The assumption not even arrogant--it's just simply the truth.

      The underlying statement backing up your argument are far weaker than necessary (I assert you don't understand crypto)--and the argument is irrelevant to boot. Some crypto is provably unbreakable using all possible techniques, in any amount of time (or space). Nevermind reasonable or known techniques. Of course, like everything--you have to use it correctly for it to be unbreakable... and using such cryptography would require shipping a one time pad (securely). It's been done though--not with software that I've ever heard of though.

      The real problem is--the cryptographic arguments regarding DRM ARE NOT RELEVANT. That's great that it's "unbreakable" (do you mean semantically secure?)--now by the way, where's my key to decode it to play the media? It has to exist somewhere--and if I'm going to play it, you have to give me something that lets me compute the preimage/plaintext/share in the middle/something. Even with secure multiparty computation, or shared keys--somebody somewhere has to get the plaintext/result.

      Furthermore--even if you put the thing in an embedded chip--somebody is going to have equipment to strip it apart one layer at a time and reverse the chip. Since most places don't want to pay for hardware--they've been lazier/cheaper still and put it in software (game over there). Even with anti-blue pill technologies--it's possible to emulate an undetectable machine and extract 'the key' from virtualized memory--the premise of being able to simulate a computer is actually at the freaking core of how computational theory WORKS--it's what makes it possible!

      Sky TV? They still haven't closed down the analog loophole. Yay, it's classic--and they can't stop it. If it's anything like successful satellite companies--they send their customer a new card with a new key every month which they put into a closed box that decodes a signal and don't change the cipher itself. It's not a bad model--but it's still subject to the same vulnerabilities--it just isn't cost effective in this case for anyone to reverse the chip to extract the key--and the technology involved probably makes fabbing them prohibitively expensive and slow. If there was enough interest to be worthwhile, you'd see someone fabbing them in asia and overnighting fake chips.

    6. Re:RIGHT battle! by Kjella · · Score: 3, Funny

      Encryption is unbreakable. DRM is not because per definition you have the decryption key even if it's hidden very well. I'm quite sure I've seen SkyTV broadcast captures so I'm not sure what point you were trying to make, maybe there's no hack to decrypt the live broadcast but the content gets around anyway. Amazon and iTunes is dropping DRM, CSS is broken, AACS is pretty much broken, BD+ still has cramps but is dying so from where I'm sitting it looks like most entertainment has no effective DRM and no practical way to put that cat back in the bag - if DVD was good then Blu-Ray must be good enough for the next century. Software and consoles get a lot uglier but unbreakable is hardly the first word that comes to mind. Ultimately, that's why TPB is so popular and why we're having this case, right? Because DRM does not work, otherwise there wouldn't be anything to share on TPB.

      --
      Live today, because you never know what tomorrow brings
    7. Re:RIGHT battle! by jonberling · · Score: 2, Insightful

      DRM has a critical flaw when it comes to cryptography. The attacker and the person with permission to decrypt the content are the same. Because of this there can never be a strong DRM scheme. While I'm not familiar with UK's Sky TV, I bet that the wide variety of TV content already available on bit torrent networks has more to do with it not being cracked then the strength of its crypto algorithm.

    8. Re:RIGHT battle! by hairyfeet · · Score: 5, Informative

      Not to mention that the DRM that is in these games is costing folks money and time right now. As a PC repairman I can't count the number of times I have had machines brought to me because "it is acting funny" with strange errors, all burns of CD/DVD would fail, drives are killing themselves, etc. And when I found there wasn't an infection I would immediately begin looking for a DRM "infection" and sure enough it would be infected. I have watched Safedisc and SecuROM throw drives into PIO mode(which will burn them up) Starforce cause all kinds of program failures and weird crashes, etc. These programs are often worse than many of the malware apps written today as far as causing trouble.

      It has gotten bad enough that I now longer buy games at release date anymore. I wait until they have been out 6 months at least, then I buy the nice box and put it in the closet. Since I have bought the game I then go and download the "safe" version at one of the many sites available. Sad that the "pirate" version is actually better for the consumer than the "legitimate" one huh?

      The point is while DMCA really needs to be throw in a fire, with the DRM used today it is costing good hard working folks money right at this very minute. It breaks their machines which are then brought to guys like me which have to be paid to have it repaired. And let us not forget that these DRM "programs" don't support each other, which means I can't count the number of times I have seen machines infected with SecuROM AND Safedisc AND Starforce. Can you say major conflicts boys and girls? I think you can. These programs can cause more damage(especially if you have two or more which seems to be begging for PIO mode) than most of the viruses and trojans out there. There certainly cause more weird and hard to track down errors in this repairman's NSHO. But magically when they are removed the problems just.....go away. Amazing, huh?

      Oh, and in case some are wondering what is so bad about PIO mode, PIO mode is a leftover for seriously old legacy drives, like the old serial CD ROMs we used to have. The modern optical drive simply isn't made to operate at that low of a speed and gets too hot if it is left in PIO mode too long. Picture yourself driving down the freeway at 60MPH with the emergency brakes on. That is pretty much PIO mode to a 16x or above drive.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    9. Re:RIGHT battle! by Mad+Merlin · · Score: 2, Informative

      Encryption is unbreakable.

      No, encryption is not unbreakable. It's merely hard enough to break that it's rarely feasible to do so.

    10. Re:RIGHT battle! by Bert64 · · Score: 2, Insightful

      While cracking the crypto may not be possible, in order for a DRM scheme to function you have to give paying customers the keys...
      Those customers can just copy the keys and give them to people who haven't paid.

      Sky TV have been using the same algorithms, but they keep changing the keys because the keys frequently leak.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    11. Re:RIGHT battle! by Artifakt · · Score: 4, Insightful

      When companies spend millions to implement a particular solution, it's fair to assume they have a goal. For broadcasts that are 'free' (usually with the price of watching commercials), we can rule out some goals.
            Copyright law is primarily economic - that is, the original goal was to prevent direct, measurable economic harm to the owner, not to prevent other kinds of harm. The exception, of course, is the European moral copyright model.
            If DRM isn't protecting from direct economic harm, then what it ends up doing is making an end run around the limitations built into US style copyright, limitations such as fair use, or first sale rights.
            All these end runs are wrong. It really doesn't matter if the goal is to protect against indirect economic harm from perfectly lawful competition, or to restrict consumer rights that the courts have long upheld, or to selectively enforce 'moral copyright' in countries where there's no actual law passed, and only for certain privileged entities. None of those is a good thing.
            It's like catching somebody sneaking into a woman's dorm with a roll of duct tape, a bowie knife, and six pairs of handcuffs at 2 AM. We're getting into an argument over whether the goal was rape, murder, or robbery, and ignoring that none of the options are good things. When it comes to public airwaves style channels, no one has seriously been able to suggest a reason for DRM backed by the DMCA that doesn't involve something bad, whether it's an unfair government granted monopoly, an effort to screw consumers, or an attempt to enforce laws that haven't actually been passed.

      --
      Who is John Cabal?
    12. Re:RIGHT battle! by Bert64 · · Score: 2, Interesting

      More like going down the freeway at 60mph in first gear where you're right over the redline...

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    13. Re:RIGHT battle! by WaroDaBeast · · Score: 1

      True, but since the prototype of the car for the average American is an automatic, that doesn't work very well.

      --
      "The body may heal, but the mind is not always so resilient." -- Deus Ex: Human Revolution
    14. Re:RIGHT battle! by Anonymous Coward · · Score: 0

      "The UK's Sky TV, for instance, has been using the same crypto on their satellite broadcasts for years now, with no cracks available."

      [Shrug] Perhaps it's easier to point a video camera at a nice HD display?

      Unless the DRM can blind the recipient of a video signal, there is always a way to capture the image. It might not be quite as good, but so what?

    15. Re:RIGHT battle! by Anonymous Coward · · Score: 0

      Ultimately, that's why TPB is so popular and why we're having this case, right? Because DRM does not work, otherwise there wouldn't be anything to share on TPB.

      Huh? There's plenty of stuff on TPB that was never put under DRM. Every music CD you buy comes without DRM. Your statement has other flaws, too - the original commenter says not all DRM is breakable, and you respond with 'the fact that there are ANY broken DRM media on TPB means that all DRM is breakable'. Huh? I happen to agree that (probably) all DRM schemes are breakable, but your statement is over the top.

    16. Re:RIGHT battle! by Anonymous Coward · · Score: 0

      Yeah, which makes the original point even better you fucking moron.

    17. Re:RIGHT battle! by drinkypoo · · Score: 1

      No, it's more like having your air-cooled Volkswagen stuck in stop-and-go traffic.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    18. Re:RIGHT battle! by Anonymous Coward · · Score: 0

      Your statement is incorrect.

      "One time pad" is an example of unbreakable encryption. If you can try all every key in an instant you would arrive at countless possible plain texts and would not be able to determine which is the correct one.

    19. Re:RIGHT battle! by GigaplexNZ · · Score: 2, Informative

      Every music CD you buy comes without DRM.

      Not true at all. Ever heard of the Sony rootkit fiasco? (and that is just one example)

    20. Re:RIGHT battle! by Anonymous Coward · · Score: 0

      You don't necessarily have to break crypto, even in crypto protected systems. There are other ways to break the security. There's social engineering, there's purchasing once and dumping the payload out of the crypto'd shell, etc.

    21. Re:RIGHT battle! by Anonymous Coward · · Score: 0

      I think most people with their brains in the right place know that being permanently locked out of all Sky TV broadcasts is not a bad thing.

    22. Re:RIGHT battle! by Anonymous Coward · · Score: 0

      Your assertion of him being incorrect is an overgeneralisation. Grand parent said "Encryption is unbreakable." which is a completely incorrect statement in itself. A one time pad is simply one form and is impractical for use in most scenarios where DRM would be normally be employed.

    23. Re:RIGHT battle! by ericrost · · Score: 2, Interesting

      You do realize that by purchasing the game anyway you're sending the message that the DRM is ok. That you'll still bend over backwards to take it you know where regardless of what the publishers do? If you want to stop game DRM, don't buy DRM'd games. I know that you'll start shaking unless you get your fix, but there are plenty of options out there.

    24. Re:RIGHT battle! by Anonymous Coward · · Score: 0

      No, it's more like rain on your wedding day.

    25. Re:RIGHT battle! by hairyfeet · · Score: 1

      I play shooters so the options are.....what exactly? I HATE playing online so that takes care of the FOSS shooters which are nearly all multiplayer only. I can't use a console, which is nothing but "DRM in a box" anyway, so that is right out(my hands won't hold a controller without intense pain) so that leaves......what? I wait until they are in the bargain bin where they ain't getting squat for them, but if I actually want to play anything that is as far as I can go. I trust eBay about as far as I can toss a Russian scammer so the used market is right out. So if you have a suggestion for someone that likes to play good single player FPS games that only plays PC, I'm listening.

      But I am NOT going to punish myself by not playing anything, because that doesn't work. I haven't bought a movie or album in 10 years so I guess the *.A.As dried up and blew away, no? The only way that DRM will be killed is actually going on right now. The game companies keep buying nastier and nastier DRM that breaks more and more machines with each version. Remember folks don't notice DRM until it bites them in the ass. The DRM coming out today is getting nasty enough the buyers are starting to notice. But I think this guy says it better than me. And notice all the boxes behind him.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    26. Re:RIGHT battle! by ericrost · · Score: 1

      I'll reiterate it since it went whoosh over your and the angry guy's heads. If you continue to purchase their product, they will have no reason to remove DRM. People not buying DRM'd digital music in droves WAS effective. Notice the Amazon mp3 store? Notice Apple's iTunes offering DRM free downloads?

      I really don't care what the alternatives are. Hell download the cracked versions and play away. Just don't give them the same amount of money you would if they didn't DRM the game and expect them to magically "get it" that you're upset. You're giving them the direct message that its ok. That DRM doesn't affect their bottom line.

      Insanity is repeating the same action and expecting different results.

  8. Will they Listen? by olddotter · · Score: 4, Interesting

    The problem is that I don't see the political establishment listening to "a bunch of gamers and the EFF."

    I think it tying together the Sony Root Kit issue with farms of own machines used for SPAMing, scaming, or organized crime would get a little attention.

    The biggest problem I have had with DRM is that I rented Ratatouille last year and was unable to play it on a standard DVD player, unable to play it on two different computer DVD players, and of course unable to make a copy (which I only tried because I couldn't play it.) The disk cause me to have to unplug and plug back in my Toshiba DVD player to even get it to eject, it totally locked up the player.

    1. Re:Will they Listen? by Anonymous Coward · · Score: 5, Insightful

      The politicians won't listen. Their ears will be plugged with earplugs made out of the lobbying money from the media conglomerates. They won't see a problem because consumers continue to buy and buy regardless of DRM in 90% of cases, and corporations continue to make money. There's nothing wrong with the situation, so far as they can see. That 10% that won't buy DRM'd media? Pirates. All of them. We just haven't caught and convicted them yet.

      The only way to shut down the DRM monster is mass boycott. And I mean MASS. I mean you have to get your parents that don't know shit about DRM protesting. You have to get soccer moms, the 14 year old kids vulnerable to media hype and willing to buy anything, the exec with his iPod crammed with DRM'd tunes... get them ALL educated and more importantly angry enough to stop buying for a couple years.

      It's difficult enough to appear very close to impossible.

      I demonstrated it to my mother when she wanted to play a CD for me. At the time I had no CD player other than my PC. Her CD refused to play. I looked it up online, sure enough it had copy protection preventing us from listening to her CD she paid for. I showed her how to circumvent the protection (a little marker on the outside track), and she became incensed. She's not purchased music for about 5 or 6 years now. She was disgusted that people were treating her, one of the most honest people (to a fault) that I know, like a common criminal even though she gave them money for their product.

      Find a way to make people feel that way BEFORE it bites them, and you'll have what we need to win. Until then, good luck. So long as the money flows, they won't hear a damn thing we say.

    2. Re:Will they Listen? by Anonymous Coward · · Score: 0

      I mean you have to get your parents that don't know shit about DRM protesting. You have to get soccer moms, the 14 year old kids vulnerable to media hype and willing to buy anything, the exec with his iPod crammed with DRM'd tunes...

      The only way to get these people to listen is to deprive them of what they've already bought. Such as your mum.

      Break Steam for a weekend, or some other such DRM system where licenses need to be checked every time the product is used.

      That'll highlight DRM.

    3. Re:Will they Listen? by DinDaddy · · Score: 1

      I can't find any reference to any out of the ordinary DRM being used on Ratatouille beyond CSS. Were you saying there was, or just pointing out that what should have been a standard product was incompatible with the devices it should have worked with because of DRM?

    4. Re:Will they Listen? by SanityInAnarchy · · Score: 1

      get them ALL educated and more importantly angry enough to stop buying for a couple years.

      Won't work. Far too many, even when they have a fair understanding of how things work, either don't care much -- they'll see it as a nuisance, not an issue of rights -- or will actually side with the corporations. It's a lot easier to see both sides if you're reasonably educated (and probably a pirate yourself, at least once).

      The politicians won't listen. Their ears will be plugged with earplugs made out of the lobbying money from the media conglomerates.

      That is the real problem. I imagine there will be at least one other major issue on which these politicians are taking lobbying money and acting against the public interest, perhaps one the public already cares about.

      --
      Don't thank God, thank a doctor!
  9. DRM is essentially illegal in spirit by erroneus · · Score: 4, Insightful

    The whole copyright agreement is to allow exclusive distribution rights to specific material or content for a limited amount of time, after which the works would be released to the public domain.

    So far, the industry has managed to have copyright duration extended to unreasonable durations increasing the likelihood that after the copyright term expires, it will no longer be available for access or distribution. But that isn't harmful enough. Now they want to keep the works locked up in an encryption scheme that will likely make copyrighted materials extinct long before the copyright term expires as no one will be able to access it after the term expires.

    This is a complete and total breech of the copyright agreement with the people of any given nation that respects copyright under law.

    1. Re:DRM is essentially illegal in spirit by Anonymous Coward · · Score: 0

      well said. If I could mod you up I would!

    2. Re:DRM is essentially illegal in spirit by Anonymous Coward · · Score: 0

      This is a complete and total breech of the copyright agreement with the people of any given nation that respects copyright under law.

      I didn't know that copyright agreements had a breech. I knew they had teeth, but part of a gun seems quite aggressive to me. Well you learn a new thing every day....

      still, fantastic username for misspellings, erroneus... oh even the spelling of your name is erroneous - I give up.

    3. Re:DRM is essentially illegal in spirit by Antique+Geekmeister · · Score: 1

      "Release to the public domain" is not an inherent aspect of copyright. It's a common part of modern copyright laws nationally and internationally, true. But the history of copyright is to control publication: this was especially important when Gutenberg started printing Bibles, and the Catholic church became very, very upset.

    4. Re:DRM is essentially illegal in spirit by DJRumpy · · Score: 2, Informative

      Actually it's both. The laws were put on the books to allow competition, and to allow those holding the copyrights to get a return investment on their design/art/idea, etc.

      The idea was that the inventer would gain profit for a set period of time, after which the idea could be adopted by others. This had the net affect of reducing the price through competition, increasing quality, and innovating new ideas based off of the original.

      The laws have been twisted so far from their original intent it's just rediculous.

      Disney is a great example of copyright gone wrong.

      Every time their copyrights are about to expire they pump millions into congress to get them extended for another 20 years or so.

    5. Re:DRM is essentially illegal in spirit by coats · · Score: 1
      In the United States, it is a part of the part of the law of the land, the constitution.

      And when Steven Breyer on the left and Clarence Thomas on the right agree that current US copyright law is unConstitutional, then it means that Ruth Bader Ginsburg (who wrote the opinion) and those in the middle who agreed with her are despicable oath-breaking liars.

      --
      "My opinions are my own, and I've got *lots* of them!"
    6. Re:DRM is essentially illegal in spirit by CodeBuster · · Score: 1

      This is a complete and total breech of the copyright agreement with the people of any given nation that respects copyright under law.

      Perhpas now you understand why some people, even reasonable people, realizing the power of the political forces and money arrayed against them, have taken to guerilla warfare tactics ala the Rebellion vs the Evil Empire because that is the only way that they can realistically fight back. Personally, I just refuse to buy OR use their games or content. My time is too valuable to spend on 99% of their junk anway. I don't need them to get by and I need them even less during an economic recession when resources are scarce and cash is king. Richard Stallman was right about these media companies, DRM, and their book readers (ala the Amazon Kindle Swindle). Vote with your dollars and buy nothing of what EA, Sony, and the MAFIAA produce AND don't pirate them either. Show them what comes of greedy, sociopathic, and unacceptable behavior.

    7. Re:DRM is essentially illegal in spirit by mpe · · Score: 1

      "Release to the public domain" is not an inherent aspect of copyright.

      Actually it is (or rather was) a major part of copyright law. As evidenced by "copyright libraries" which were intended to hold a copy of every book published.

      It's a common part of modern copyright laws nationally and internationally, true.

      All copyright laws are "modern" the concept only came into being a few hundred years ago

    8. Re:DRM is essentially illegal in spirit by Artifakt · · Score: 1

      US copyright law was an intentional break with European law. The history you're mentioning was a history of the King deciding which friends got protection. So if we're moving back to that era, are we gonna have state religions and divine right of kings too? Cause that's a pretty damned good reason to go back to something more like what the US founding fathers envisioned.

      --
      Who is John Cabal?
    9. Re:DRM is essentially illegal in spirit by erroneus · · Score: 1

      You have GOT to be kidding. Without the promise of release into the public domain, there would be no incentive to allow laws respecting copyright to be created in the first place.

    10. Re:DRM is essentially illegal in spirit by drinkypoo · · Score: 1

      To be fair, if your mission is to deprive them of money, it doesn't matter if you "pirate" their content or not, only that you don't buy it.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    11. Re:DRM is essentially illegal in spirit by CodeBuster · · Score: 1

      In a strictly amoral sense that may be true, but it does not help the anti-DRM cause to allow the content producers to point to us non-consumers and say, "See, the reason sales are down is because they are all pirating the game and playing it anyway", as the music industry tried to do. I do not wish to simply deprive them of revenue, I want them the know exactly why there was NOT a sale. This connection would be lost in the rebuttals of the content producers if many non-sale users followed up their decision not to buy with the acquisition of a pirated copy.

    12. Re:DRM is essentially illegal in spirit by Anonymous Coward · · Score: 0

      True. Infinite copyright extensions are stupid. And the response of pirates being "we don't agree to the terms you have a right to set, so we're just going to breach copyright on everything Day Zero, even if it doesn't have DRM, because I DESERVE your content!" is a just as stupid action, if not much worse.

    13. Re:DRM is essentially illegal in spirit by Antique+Geekmeister · · Score: 1

      You have to understand copyright's roots to understand its nature. Just as you have to remember that "reading someone their rights", or "the right to an attorney" are relatively recent innovations and are not built into the Constitution, you have to remember that the Constitution is merely US law, and it is mererly a goal. Many users of copyright will seek it for reasons other than "To promote the Progress of Science and useful Arts", the Constitutional basis for copyright law.

    14. Re:DRM is essentially illegal in spirit by Antique+Geekmeister · · Score: 1

      Release to the public domain was added on, later. Just as more modern law has given women the right to vote and freed slaves, copyright law wasn't originally aimed to have such limited duration or to control competition. It was to provide monopoly power, for reasons its promoters thought good. When you have a state religion, having heretics publish their own Bibles with alternative contents is a bit upsetting: it's like having people publish alternative Constitutions and lauding them as the word of the Founding Fathers.

      Not that some congresspeople don't act like that, or even some Presidents, but having them publish their alternative as authentic would be of some concern.

    15. Re:DRM is essentially illegal in spirit by Spatial · · Score: 1

      It would be interesting if there were a dichotomy: benefit from copyright or use DRM and go it alone. Which would they choose?

  10. Not always bad by Anonymous Coward · · Score: 0

    So is this about all DRM or just stupid shit like SecuROM and Starforce, which only harm customers?

    I don't mind Steam and Impulse, which I've come to view as services instead of DRM schemes. They provide unlimited installations on any computer, auto updates, community features, great weekend and holiday sales, offline mode, etc.

    1. Re:Not always bad by LingNoi · · Score: 1

      Impulse doesn't include DRM.

    2. Re:Not always bad by Pentium100 · · Score: 1

      They provide unlimited installations on any computer, auto updates, community features, great weekend and holiday sales, offline mode, etc.

      You mean that Steam has a feature that lets you do what you could normally do if the game wasn't DRM'ed? Like unlimited installations and offline mode? Actually, why do single-player games need internet connection? And Steam has a "feature" that lets you play single player games without internet connection?

      The problem with Steam is that you may get your account (with all your games) deleted at any time.

  11. Re:NSA offering 'billions' for Skype eavesdrop by auric_dude · · Score: 4, Interesting

    Now if they can't crack something and feel the need to resort to purchasing a solution then some crtpyo may be truly uncrackable. http://www.theregister.co.uk/2009/02/12/nsa_offers_billions_for_skype_pwnage/

  12. What a timely story by Cathoderoytube · · Score: 4, Interesting

    How convenient. I just bought a copy of Left4Dead brought it home and tried to install it only to discover the CD key that came with the game was already in use (which is odd since the game was in a sealed package). So I went off to valve support to try and get the situation remedied. Their support is anything but efficient or helpful. So then I went back to the store where I bought the game to get an exchange. Wouldn't you know it they have a policy of not having anything to do with games that have been opened. So for the time being thanks to copy protection I'm out $50 for a legitimate copy of a game. Add this story to the big board. Next time I want a game I'll just download the cracked version.

    --
    I have nothing compelling to say
    1. Re:What a timely story by wc_paladin · · Score: 4, Informative

      Valve will reset the key to your account if you follow the instructions on this page

      Also, you should go back to the store you bought the game from, ask to see the manager, and tell him one of his employees is stealing CD keys from the games.

    2. Re:What a timely story by schnikies79 · · Score: 2, Informative

      I had that happen with The Orange Box (sealed package with in-use key). A email to Valve and a copy of receipt was all it took to get a legit key. Took about 2 days.

      --
      Gone!
    3. Re:What a timely story by TheTurtlesMoves · · Score: 1

      Well at least in some countries they can't use a "opened no return policy". If the product can't be used for its intended purpose then they have to replace with "new" one that does or give a full refund.

      I have done this in NZ with a game where the policy was "due to piracy concerns". But I made a fuss and pointed out the law and threatened to take it to the consumer groups and got my money back.

      --
      The Grey Goo disaster happened 3 billion years ago. This rock is covered in self replicating machines!
    4. Re:What a timely story by Chaos+Incarnate · · Score: 1

      You got lucky that they caved, since you have no proof that it's not fit for purpose. To prove that, you'd have to prove that the account the key is currently bound to isn't yours. Have fun with that.

      --
      Benford's Corollary to Clarke's Law: "Any technology distinguishable from magic is insufficiently advanced."
    5. Re:What a timely story by sixsixtysix · · Score: 1

      don't your local/state/region's buyer's remorse laws override said company's return policies?

      --
      ...
    6. Re:What a timely story by Cathoderoytube · · Score: 2, Informative

      Valve isn't exactly sprightly when it comes to their customer support.

      --
      I have nothing compelling to say
    7. Re:What a timely story by base3 · · Score: 1

      Dispute the purchase in writing with your credit card company. Assuming you're in the U.S. and the merchant was within 50 miles of your home, you can do this after having tried to rectify the problem with the merchant in good faith. In the unlikely event you don't prevail, you'll have the consolation of knowing you cost the company money (acquirers charge merchants for each chargeback, even if the customer doesn't get a refund) and time in responding.

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
    8. Re:What a timely story by TheTurtlesMoves · · Score: 1

      Consumers in this country get to take a shop to court for free. Well to a tribunal. It takes time but not hard cash. So far I have not had a problem and neither have quite a few of my friends. This also goes for DVD and CD that don't work in some players. I have always got my money back.

      --
      The Grey Goo disaster happened 3 billion years ago. This rock is covered in self replicating machines!
    9. Re:What a timely story by mrchaotica · · Score: 1

      Also, you should go back to the store you bought the game from, ask to see the manager, and tell him one of his employees is stealing CD keys from the games.

      It could just as easily be the fault of a keygen, rather than a criminal employee.

      What he should really do is call up Visa and reverse the charge, if he paid with a credit card.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    10. Re:What a timely story by internerdj · · Score: 1

      Take it back. Tell them it didn't work, maybe something is wrong with the disk and you would like an exchange for the same game. Usually if they don't let you return it you can still do an exchange for the same product if the original is faulty. If not then you shouldn't buy media at the store again.

  13. Piracy ? by artg · · Score: 0

    Did the FSF really say "DRM does not prevent piracy," ?

    I can understand why copyright holders might like to demonise copyright violation by comparing it to violent theft, but why does the FSF have to fall for and even perpetuate this junk ? Leave the word Piracy for nautical robbers. Call this copyright violation, even the more emotive term IP theft if you like. But it's NOT piracy.

    1. Re:Piracy ? by artg · · Score: 1

      s/FSF/EFF/ But you knew that, right ?

    2. Re:Piracy ? by jamesmcm · · Score: 1

      I highly doubt the FSF said that given their list of words to avoid.
      It was probably just paraphrased.

    3. Re:Piracy ? by LingNoi · · Score: 1

      Ironic when FSF calls DRM "restrictions management". They're just as guilty of inventing words.

  14. DRM is a necessary evil by Anonymous Coward · · Score: 0, Flamebait

    Even though people hate it, companies which spend billions of dollars to generate new IP need to protect their assets, the same way a physical store uses anti-shoplifting tags.

    The economy is a mess, and piracy is commonplace. This is why countries are hammering out treaties like ACTA.

    I have yet to see DRM that interferes with legit users. The biggest complainers are pirates.

    1. Re:DRM is a necessary evil by Anonymous Coward · · Score: 0

      why don't you, I don't know, read the other comments?

      or better yet, why don't you go over to that free candy van that goes around in your neighborhood and ask for some

    2. Re:DRM is a necessary evil by TheTurtlesMoves · · Score: 1

      You mistaken. The pirates are not affected at all. Because the DRM has been removed.

      --
      The Grey Goo disaster happened 3 billion years ago. This rock is covered in self replicating machines!
    3. Re:DRM is a necessary evil by drinkypoo · · Score: 1

      I paid for Mech IV vengeance and I am still affected by DRM. I need the CD to start the game even with the no-CD patch (not sure why that is...) which is damned annoying, especially on the road. I got a laptop with a powerful 3d card specifically so I could play games while out in the world, otherwise some intel integrated would be fine. But the point is that someone who copied the game and is using the same patch (seems to be the latest, I also tried making my own with unsafediscx in a win95 vm which will run it) will still be impacted by DRM. They won't actually be prevented from playing the game, though, so I as a paying customer am still being hassled while their stated goal goes unaccomplished as you can get the patch pretty trivially.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    4. Re:DRM is a necessary evil by Pentium100 · · Score: 1

      the same way a physical store uses anti-shoplifting tags.

      Well, all stores I have been to, the tags don't interfere with a legit purchase and only result in a few second delay (while the clerk deactivates them).

      If somebody ran a store the way DRM works, then all paying customers would be strip-searched while shoplifters could go out the back door and avoid all the searches.

  15. Writing your own laws by obi · · Score: 4, Insightful

    I think the fundamental issue is that the DMCA and DRM allows the "industry" to write their own laws.

    With the DMCA and the anti-circumvention provisions, the restriction code has the power of law - circumventing it is illegal.

    So they can ignore whatever fair use privilege we used to enjoy, because fair use privileges aren't guaranteed rights: if you can't make use of it for whatever reason - tough; they're not required to provide you with tools or systems to give you what you want, even if it could be legal.

    So this all boils down to the fact that we've lost all fair use in copyright law (maybe not in theory, but definitely in practice), and as such, copyright has become completely unbalanced in favour of the copyright owners.

    The tradeoff was: a temporary monopoly on distribution with some fair use exceptions, in return for a rich public domain later on.

    Not only have we lost fair use, we've also lost the public domain part later on. Because the DRM on copyrighted works that end up in the public domain isn't going to magically disappear.

    All we're left with is "a monopoly on distribution" - that's not what copyright was supposed to be.

    1. Re:Writing your own laws by KDR_11k · · Score: 1

      If it was only fair use I wouldn't care as much (the only fair use I can imagine the average joe using is backing up which many proper DRM implementations do for you, e.g. by tying your software purchases to your account and letting you redownload it from a central server if anything happens) but in many cases the DRM even interferes with the plain operation of the software you purchased or the computer you installed it on.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    2. Re:Writing your own laws by T+Murphy · · Score: 1

      So what we need is time-based limits on DRM (the DRM isn't ruled illegal, that is). Make sure the DRM can't outlast the copyright. Of course we still have the problem that copyright basically doesn't run out.

    3. Re:Writing your own laws by Pentium100 · · Score: 1

      My idea would be to make DRM last as long as it is effective (until the first working crack).

      As soon as it is possible for an average gamer to download a cracked game, it means that the DRM has lost its effectiveness and the manufacturer must remove it.

    4. Re:Writing your own laws by mrchaotica · · Score: 1

      No, it should be exactly the opposite: DRM should be illegal until the first working crack, because until then it's essentially perpetual copyright. Once it's cracked (and therefore doesn't matter anymore anyway), then the manufacturer should be free to add it.

      : )

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    5. Re:Writing your own laws by Pentium100 · · Score: 1

      Or we could make a compromise :)

      DRM is legal until the copyright expires or the first working crack - whichever comes first.

      Because after the crack is created, DRM only makes problems for paying customers.

    6. Re:Writing your own laws by mrchaotica · · Score: 1

      Nah, that still has problems: what if the copyright expires, but the publisher is no longer around to remove the DRM?

      I think the simplest compromise would be to abolish DRM entirely.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    7. Re:Writing your own laws by Pentium100 · · Score: 1

      Yes, yes it would, however, publishers want their "protection system" which works only for a short amount of time, until someone finds a way to break it.

  16. How do I do it right without multiplayer? by tepples · · Score: 1

    World of Warcraft does it right, imo. You have an account and you log in. They authorize you. Warden is non-intrusive.

    So how would one "do it right" on a handheld gaming system that isn't a cell phone, or another single-player gaming environment?

    1. Re:How do I do it right without multiplayer? by drinkypoo · · Score: 1

      So how would one "do it right" on a handheld gaming system that isn't a cell phone, or another single-player gaming environment?

      The same way they've been doing it forever, by using carts or other specialized media which raise the price of playing pirated games substantially above the cost of paying for the number of games necessary to pay for the product, at least for long enough to make enough money to justify the new design and to do a cost reduction.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  17. "Oh No!! Not... not The EFF!!" (shudder) by RobotRunAmok · · Score: 1

    Sometimes I think Slashdot invented the EFF.

    It certainly goes out of it's way to keep it alive. Certainly it's efforts in this area are way disproportionate to the EFF's actual credibility in legal circles, where they are the Britney Spears in a boardroom full of King Crimsons.

  18. DRM has become a bad sore for consumers by WeeBit · · Score: 3, Interesting

    I do know of a couple that bought a Sony entertainment system. The system has the DRM built in. Now logic would tell you that as long as the DVD's are compliant with US rules as to format etc, then that DVD you put in the player should work. This is not the case though. They never know if the DVD will work in the DVD player. So half of their DVD movie collection wont play in the Player. They bought a second DVD player, and use this for those DVD's that wont play in the Sony.

    Sony may argue stating that the movies wont play because they are pirated. They are not. They were DVD's bought from reputable stores.

    This is how bad DRM has become. Consumers are at the mercy of manufacturers of DRM laden products.

    1. Re:DRM has become a bad sore for consumers by TheTurtlesMoves · · Score: 2, Interesting

      This may in fact not be the fault of the sony DVD player. A lot of modern DVDs are not compliant to the DVD standard in the hope that they "break" computer ripping programs. Bad sectors is the basic one, all Disney disks i have seen have this. Most DVD players will work. But higher end ones tend not too. They are too fancy and use more of the DVD spec. Ironic really. My code free dvd player that cost the price of a few beers works really well.

      I know everyone likes to hack sony with the rootkit issue (there are other distributes still doing this in Germany). But really they are no worse and no better than the rest. Well there is one difference, they make players and are also a distributer.

      --
      The Grey Goo disaster happened 3 billion years ago. This rock is covered in self replicating machines!
    2. Re:DRM has become a bad sore for consumers by WeeBit · · Score: 1

      So in essences, it is still DRM causing a DVD not to play in a DRM laden player. Slap in a few bad sectors in the DVD, and call it DRM.

      This does happen to mainly their Disney collection. But it has happen to some of their non Disney collection too.

    3. Re:DRM has become a bad sore for consumers by thePowerOfGrayskull · · Score: 1

      This is how bad DRM has become. Consumers are at the mercy of manufacturers of DRM laden products.

      I don't understand why they didn't return the Sony DVD player as defective? If more people did that, then perhaps we wouldn't be as much at their mercy as we are now...

    4. Re:DRM has become a bad sore for consumers by drinkypoo · · Score: 1

      I often have had trouble playing DVDs on the Xbox, even using the (official, licensed) Microsoft DVD player enabled by the IR dongle. The same discs play fine on the Playstation 2. In fact the PS2 is usually my effective DVD player of last resort.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    5. Re:DRM has become a bad sore for consumers by WeeBit · · Score: 1

      All I can tell you is I will never look at a sale the same way anymore. I think deep down the store selling the Sony must of had returns and in order to get, or recoup their money they put them on sale, and added to the sale a no return policy. Which to me sounds like a rat. I am sure they had plenty of complaints. But this couple did not complain because they got it on sale, and because of the no return policy. (wouldn't of done any good) Now if there was, or could be, some type consumer complaint to challenge the no return and proof they were deceptive in the sale. Then maybe they would come forward. They still paid out the butt for the Sony. I told them they got ripped off royally. I paid almost 800 for mine, and it will play any type of CD / DVD I put in it. Thank the god above it is NO Sony.

  19. Emigration to avoid copyright abuse? by tepples · · Score: 1

    The DMCA is another point entirely as it's only for USA citizens.

    Three problems with this line of reasoning:

    1. You're on CmdrTaco's blog, and CmdrTaco is a USA citizen. For this reason, comments to the effect "you're an American; sucks to be you" aren't germane.
    2. The DMCA implements the WIPO Copyright Treaty. But the United States is by far not the only country to implement this treaty in national legislation. France, for one, has DADVSI.
    3. Is your country taking immigrants?
    1. Re:Emigration to avoid copyright abuse? by Anonymous Coward · · Score: 0

      Only if you claim asylum. Doesn't matter that you don't actually need asylum from anything, we'll give you enough benefits to live like a king, and house you in a mansion for free.

  20. You left out E-rated games and handheld games by tepples · · Score: 1

    Auth systems work. By keeping the bulk of the game functionality on the server side, and requiring a login, 99% of DRM issues are covered.

    So I guess the remaining 1 percent is that you're now completely ignoring the following markets:

    1. Players under 13 years of age, in the United States and other countries with counterparts to COPPA.
    2. Laptops and handhelds without a mobile broadband plan, family parties in a rented hall, and other environments with no Internet access.

    If what you said were true, there would be no E-rated games, no Nintendo DS games, and certainly no E-rated DS games.

    1. Re:You left out E-rated games and handheld games by drinkypoo · · Score: 1

      Players under 13 years of age, in the United States and other countries with counterparts to COPPA.

      Once mommy or daddy has clicked OK on the EULA, you're allowed to log in.

      Laptops and handhelds without a mobile broadband plan, family parties in a rented hall, and other environments with no Internet access.

      You would rent a hall without internet access?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  21. Gamers and the EFF? by Anonymous Coward · · Score: 1, Insightful

    Seriously? Gamers and the EFF? OK, I understand that perception != reality here, but in the media this could easily read, "criminals and hippies against DRM.". I mean, honestly - gamers don't have the best reputation in the media. Oh, those guys that get hopped up on caffeine and drugs after a round of GTA and go shoot people?" The EFF - wait, those are those commie hippies right?

    Again the reality may be far different, but I would think those are the LAST groups you'd want being our main representatives in the fight against DRM.

    1. Re:Gamers and the EFF? by thePowerOfGrayskull · · Score: 1

      Heh - the sad truth is that no other groups care enough to bother getting involved.

  22. Good, but is it enough? by jamesmcm · · Score: 1

    It's good to see people speaking out against DRM, but I'm not sure if it's enough to stop the huge plans at work to push through stricter and stronger DRM.

    Read this short story about the future with DRM. We are becoming frighteningly close to making it a reality.

  23. Just spinning your wheels by westlake · · Score: 4, Informative
    I can understand why copyright holders might like to demonise copyright violation by comparing it to violent theft, but why does the FSF have to fall for and even perpetuate this junk?

    The use of the word "piracy" to describe copyright infringement is as old as the 1709 Statute of Anne

    --- when the Black Flag still flew over the Caribbean.

    The geek is NEVER going to win this argument.

  24. Sony and it's rootkit by prndll · · Score: 1, Interesting

    It is specifically for this reason that I haven't purchased a single Sony product since then (for the only exception of blank disks).

  25. Maybe not by Anonymous Coward · · Score: 3, Interesting

    "The presence of unencrypted transport stream rips of HDTV broadcasts proves the existence"

    Not necessarily. I've noticed that almost every HD cable box has a component out that supports 1080i. There are boxes that will capture this stuff (for Myth as one possible use). The 1080p rips out there likely came from BluRay cracks.

    In many ways, it's like WMP files from MS. The one genuine crack disappeared pretty quickly, and has not been repeated. However, I'm not convinced it's because WMP is "hard" to crack, rather it's because it's just easier to rip a CD or use MP3's already "in the wild".

    I like to think of breaking DRM like water in a vessel. The water doesn't need lots of ways to get out, it only needs one. And when it comes to music, it's not worth breaking the DRM. For video, it's worth it, so it's broken.

  26. They spoke out by nurb432 · · Score: 1

    But the people that make the decisions didn't listen.

    --
    ---- Booth was a patriot ----
  27. I've already given up! by Anonymous Coward · · Score: 1, Interesting

    I gave up on PC gaming years ago... The last commercial game I purchased came with a Starforce infection. I still play older games from the "90s (and games from Id Software). I also enjoy independant games. The rest of the commercial game industry deserves to crash again (like in the "80s) for not treating their customers with a shred of respect. Ubisoft, EA: you will not be missed!

  28. hmm. not sure i buy the eff's line there. by buddyglass · · Score: 1

    Speaking personally, many years ago, copy protection most certainly *did* prevent me from pirating games. Instead I bought used copies, which came with documentation (i.e. which the game prompted you for), adding to the "resale value" of used games and potentially causing people to purchase more new (since they can turn around and sell them to someone else, reducing their overall cost). Had there been no copy protection I'm pretty sure I wouldn't have bothered to part with my money.

  29. A totally different problem with DRM... by MMC+Monster · · Score: 1

    Is that there is no law saying when it expires.

    There will come a time when the copyright of a game expires. (Yes, it will take decades.) At that time, how can a game be fairly copied if the DRM is still in place?

    --
    Help! I'm a slashdot refugee.
    1. Re:A totally different problem with DRM... by Anonymous Coward · · Score: 1, Insightful

      It will just be like the copies of the old C64 games on a game archive: Only the cracked copies will still be around and usable.

      There is some irony that the people who do most to preserve the use of a game for future generations are the warez guys.

      Maybe in the future they will eventually get around to cracking StarForce games. Splinter Cell has been out for years, and there has yet to be a crack for it (or any SF protected game) that doesn't involve physically yanking out IDE cable out of a machine to any CD/DVD players.

    2. Re:A totally different problem with DRM... by Pentium100 · · Score: 1

      Don't know much about Starforce, but does it work if the CD drive is connected using SCSI? Since I have connected it using a IDE to SCSI adapter, then Starforce cracks might just work for me...
      Not that I am going to test it...

    3. Re:A totally different problem with DRM... by Spatial · · Score: 1

      (or any SF protected game) that doesn't involve physically yanking out IDE cable out of a machine to any CD/DVD players.

      That's wrong. I own DiRT, which has Starforce, yet I play it with a cracked executable. Splinter Cell was an edge case.

  30. "Screw art and culture. Chew your cud, cow." by xant · · Score: 2, Insightful

    > People act like consuming entertainment media is air that you need to survive.

    Humans need to create art. It's what makes us human. Art exists to be consumed. We forget that at the risk of losing our humanity. The desire to create and share art freely is no less than a battle for the soul of humanity itself. There's nothing fucking pathetic about it.

    --
    It's rare that you're presented with a knob whose only two positions are Make History and Flee Your Glorious Destiny.
    1. Re:"Screw art and culture. Chew your cud, cow." by Anonymous Coward · · Score: 0

      Humans need to create art. It's what makes us human. Art exists to be consumed. We forget that at the risk of losing our humanity. The desire to create and share art freely is no less than a battle for the soul of humanity itself. There's nothing fucking pathetic about it.

      I think the GP's actual point is that TV barely qualifies as art to begin with.

      I learn more, and am more entertained, on the toilet that is the internet than I would the cesspool that is television.

    2. Re:"Screw art and culture. Chew your cud, cow." by geminidomino · · Score: 1

      > People act like consuming entertainment media is air that you need to survive.

      Humans need to create art. It's what makes us human. Art exists to be consumed. We forget that at the risk of losing our humanity. The desire to create and share art freely is no less than a battle for the soul of humanity itself. There's nothing fucking pathetic about it.

      Very poetic. Insipid, but poetic.

    3. Re:"Screw art and culture. Chew your cud, cow." by Anonymous Coward · · Score: 0

      >> People act like consuming entertainment media is air that you need to survive.

      Humans need to create art. It's what makes us human. Art exists to be consumed. We forget that at the risk of losing our humanity. The desire to create and share art freely is no less than a battle for the soul of humanity itself. There's nothing fucking pathetic about it.

      Wow. I think you missed the point of that earlier comment. The first commenter argues that people don't have a right to all the free entertainment they want, and you respond with a comment about the human need to *create* art? There's a difference between "create" and "consume". Are you seriously arguing that unless we can get all free the entertainment we want that we are "at the risk of losing our humanity"??? Oh, right - your not arguing that, you changed the whole statement into something completely different so that no one could disagree with you. Nice strawman.

  31. Re:hmm. not sure i buy the eff's line there. by Anonymous Coward · · Score: 0

    Hmm, being a kid with time to waste back then, I just figured out the answers via trial and error (there were about a dozen questions total). And of course your example is pointless as today answers to every question, along with cracked executables, are freely available on the web.

  32. Don't forget the door locks! by Anonymous Coward · · Score: 0

    In other news - door locks don't prevent B&E and only create problems for the users who lockout themselves. Gamers and EFF don't seem to care much saying flat out: "Why would I ever use the front door when everything I need is here in the basement, duh!".

    1. Re:Don't forget the door locks! by Pentium100 · · Score: 1

      In other news - retail stores are now having their customers stripsearched and tortured, while allowing shoplifters to go out the back door. Shoplifters don't seem to care much saying flat out: "Why would I ever buy anything, if I steal it, not only I don't have to pay, but I am also not harassed on my way out with the goods"

  33. DRM is wrong. by P00k13 · · Score: 1

    I hope they ban DRM. It's not fair to the consumer to not really have full access to the media. If I buy a game, there should be no way it can be blocked from me playing it. It's totally ridiculous that you can buy access to a game and then not be able to use it because of DRM! Example, if a DRM server goes down then you can't play. That is just wrong. Most people won't boycott and just put up with it because they have no choice if they want to play the game. It's so wrong.

    1. Re:DRM is wrong. by mlts · · Score: 2, Insightful

      The best "DRM" I've seen was a shareware program that shipped with source code for UNIX based systems. The directions were to register it for $25, then set the REGISTERED macro to 1. Of course, you could do that without registering it, but it was obvious that doing so was an EULA violation.

      Another example of this is iDupe, a program to find and optionally remove duplicate tracks in iTunes on OS X. When you register it, it has a very simple method to tell the program that it is registered (and not the shareware version). People setting this without registering know that they are violating the EULA. However, if you did register it, you don't need to keep an activation code, you just tell it that it isn't shareware and you have the functionality that you paid for.

      IMHO, that's all that is needed. Make it where a user has to explicitly know that an action they are about to take is infringing IP, but if he or she chooses to, don't get in the way. More Draconian DRM than this won't stop the dedicated people who will just download a patch, or just grab the download from the usual warez methods.

      Businesses and organizations don't need DRM to ensure license compliance. In fact, most volume licenses are not locked to a license server. However, the business will have hell to pay come a BSA audit, and the invoices for licenses are not greater or equal to the amount of licenses for stuff really in use at that site.

      If you have to have a DRM system, look at Neverwinter Nights 1 and how Bioware (before getting absorbed into EA) patched out the CD-ROM copy protection. This did not affect sales in the slightest. The fact that the game requires a unique serial number when online is more than enough to get people to buy copies, especially if playing multiplayer worlds.

  34. Re:hmm. not sure i buy the eff's line there. by buddyglass · · Score: 1

    My point was that DRM has, at times, actually dissuaded some people from pirating software. It's possible that technical reasons make it unfeasible now, but that's different from just saying "DRM never works".

  35. Re:NSA offering 'billions' for Skype eavesdrop by rbrausse · · Score: 1

    every time I read such a story I begin to wonder why the NSA (or the [German] BKA or whatever agency) interested in eavesdropping of Skype conversation don't _buy_ the fscking company - afaik is ebay not really interested in this subsidiary...

  36. It's a pretty easy solution. by PaganRitual · · Score: 1

    Build a time machine, send all us gamers back fifteen years, and make all these goddamn idiots stop fucking copying every single fucking release that came out so piracy never becomes a problem that, in the minds of the publishers, it warrants such horribly intrusive anti-piracy measures in the first place. Seriously, this was brought on ourselves, and while the Securom solution is inelegant, ineffective and outright unacceptable, when you've got thousands of people sitting on major torrents for every new game release, the publishers start to get more and more restrictive in an attempt to stop this shit.

    Oh, for a time when cd-checks were the worst you would encounter.

    (Oh, and remove all region encoding as well. My god that stuff shits me.)

    I don't see a problem implementing any of this.

    1. Re:It's a pretty easy solution. by LingNoi · · Score: 1

      Yes, exactly. It's gotten so bad that we can't even refund a PC game.

      Is it the game stores fault that all the moronic customers would copy the game and come back for a refund? No, there's a point where they said enough is enough and now everything is fucked up because of the selfish few/majority.

      If everyone stopped pirating games today, right now then I bet that game publishers would get rid of DRM.

  37. Law of Unintended Consequences by regular_gonzalez · · Score: 1

    I think the anti-DRM forces should proceed carefully here. The Law of Unintended Consequences has a way of biting you in the ass. One important thing to keep in mind is that in addition to the question of "Does DRM work?", an equally important consideration is "Do game publishers *think* it works". I predict that if DRM were somehow decided to be a detriment to the consumer and declared illegal, there would be a mass exodus of game publishers (and possibly developers) from the PC world, fearful of the impending piracy wave. Those few left would make MMOs exclusively, as there is, for all intents and purposes, built-in anti-piracy by the very nature of such games.

    To put it another way, be careful what you ask for -- you just might get it.

    --
    Due to circumstances beyond my control, I am master of my fate and captain of my soul.
    1. Re:Law of Unintended Consequences by Anonymous Coward · · Score: 0

      I think I am the only one on this planet who sees the real goal behind DRM. Publishers want your media to wear out, because you have to constantly shift CDs in and out of your drive to play games. It has nothing to do with copy prevention. Copy prevention is a smoke screen.

    2. Re:Law of Unintended Consequences by drinkypoo · · Score: 1

      I predict that if DRM were somehow decided to be a detriment to the consumer and declared illegal, there would be a mass exodus of game publishers (and possibly developers) from the PC world, fearful of the impending piracy wave.

      If every game moves to consoles, then all the hax0rs' efforts will be focused on hacking the consoles, at which point you don't have to hack the games themselves.

      Alternately, any console which uses lame software-based protection like the Dreamcast will be business as usual.

      Either way, if it leads to more games on consoles it will lead to more controller options (perhaps including generic HID support) and it will lead to better consoles. So I'm all for it. It's not like it will stop piracy, or even slow it down much.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  38. Who brought this? by phorm · · Score: 1

    You have to be shitting me. Game sales (of good games) have been on the up for years despite any sort of piracy/copying.

    As for region-encoding, who do you think is to blame for that? Do you know why it exists? Purely to increase profit and control, which is the same reason to release retarded copy-protection methods: (supposed).

    1. Re:Who brought this? by PaganRitual · · Score: 1

      What do sales have to do with anything? Sales can be great, but if it can be seen that people are still copying the hell out of stuff, these sort of measures will inevitably be implemented. Sales, good or bad or otherwise aren't a factor in this; a point you've (inadvertently?) made yourself. If the publishers can see that people are getting their product without paying for it they will take steps to stop that regardless of how much money they are making the first place.

      Region encoding should be illegal. It's disguistingly blatant way to control distribution and increase profits at the cost of the consumer, which is why circumvention of it is legal in Australia (see : PS2 modchips), and it was a clear money grab, one that obviously happened without any sort of prompting.

      Copy protection is a different issue though. Games were published, games got copied, publishers implemented DRM. Simple as that. Sales are irrelevant to this process, and I don't see how an argument can be made that DRM would have been implemented if piracy was rampant like the current situation, because it doesn't provide distribution control and/or artifical profit increase, it's simply an intrusive, flawed, unpopular way of attempting to make people pay for what they should be paying for.

      The solution some people amazingly seem to think is sound logic, cracking it and pirating the game anyway, isn't going to do anything but make it worse, simply because that's how we got here in the first place.

    2. Re:Who brought this? by phorm · · Score: 1

      Copy protection is a different issue though. Games were published, games got copied, publishers implemented DRM

      But it hasn't stopped games from being copied, not by a long shot. As for sales. Well, sales=money/profit. For the most part, this is what these companies care abou: getting the most people they can to pay for the game. DRM does not help that. In fact, DRM has in some cases contributed to people not buying games, because nobody wants a game that will screw up their computer.

      Now if there was no "pirated" version, would people still buy the game? No. So no profit there.

      Back in the day, I know a lot of people who pirated games - liked them - and then bought them. This still happens nowadays, and nobody has really been able to nail whether "piracy" helps or hinders sales.

      In a perfect world, there would be no "pirating" games. But the fact is, it's not possible to stop, and most of the measures taken to do so cause more grief for the customer than for the copier. It's a system without a strong benefit to *anyone*, especially when it comes to things that pretty much cripple users' machines in order to prevent possible "piracy"

      Sadly, it seems I can trust the hackers and crackers these days more (in terms of not killing my computer) than I can trust those selling games, movies, or music. What I really wish was that there was some way to really express to the publishers that "I really like your game, and I'll buy it without DRM." Often enough I'll still lean towards buying the game, but then installing the cracked version, which keeps me legit while keeping my computer DRM-free.

    3. Re:Who brought this? by PaganRitual · · Score: 1

      You know what, I totally agree with you here, even down to purchasing games and then getting the crack to avoid the DRM, and on that note I really wish that people cracking games would keep the crack seperate because I really don't want to download an image of a 4 gig game I already own simply so I can crack it.

      In a perfect world,
      This should have been the start of your entire post. There would be no pirating games, there would be no "pirated" verison, DRM would be realised to be mostly useless. My original post was nothing more than an empty plead to a non-existent perfect world, wishing that the spark that started this downward spiral had never occured.

      Your wish to express to publishers that you won't buy their game with DRM is a very valid one. DRM might have contributed to some people not buying games, but that sort of effect is not an observable one. And by this I don't mean that it's too small, but that there is simply no way of measuring the impact this has had on sales. The problem is that there is only two vaguely measurable values when it comes to software production: the amount of people that purchased it is obviously pretty easy to discover through sales numbers, and the amount of people that pirated it by observing torrent values. And the problem is that with only these two actual numbers to work with, any reduction of sales is placed on the other only number to hand.

      It just frustrates me when people don't appreciate that this vicious circle of piracy->DRM->piracy->heavierDRM etc had to start somewhere, and it wasn't anti-piracy measures being created out of thin air when no one was copying anything. And the moronic justification of piracy, that's pretty damn annoying as well. People claim that no demo is a valid reason to pirate and then in the majority of cases never buy the game even if they did like their 'demo', and then they'll jump online to bitch about the latest implementation of intrusive DRM. Yes, DRM is bad, yes, it doesn't help block piracy as much as they think and it does affect legit users much more than it affects pirates, but it wasn't just thought up of out of thin air one morning when publishers were deciding how to best screw over paying customers.

      I hate DRM as much as the rest of us. I recently stopped using Steam, I haven't installed the SE of Sacred 2 I was so excited to get in the mail because I discovered it has incredibly bad DRM, I tolerated Far Cry 2 purely because, well actually I don't know why I did but it's too late now because it's installed. To date, I haven't purchased GTA4 on PC because of it.

      It just frustrates me when people don't appreciate that this vicious circle of piracy->DRM->piracy->heavierDRM etc had to start somewhere, and it wasn't anti-piracy measures being created out of thin air when no one was copying anything. And the moronic justification of piracy, that's pretty damn annoying as well.

    4. Re:Who brought this? by PaganRitual · · Score: 1

      Hahahaha copy and paste and then forget to remove the original copy? Good work

  39. You're quite right, but... by Xenographic · · Score: 2, Informative

    While you're absolutely correct that ex post facto refers to criminalizing something after a person has committed the act, then arresting them, I would like to point out that the copyright extensions should have been unconstitutional for a very different reason.

    I believe it was Eldred v. Ashcroft that pointed out that they were violating the "limited times" clause of the section of the constitution authorizing copyright laws by doing retroactive extensions. The only reason the Supreme Court didn't uphold that argument is because they thought there were enough other advantages to the law that they didn't want to upset the boat, though they indicated that they might not look so favorably upon another retroactive extension if there wasn't a compelling enough reason for it.

    Of course, by the time of the next extension, who knows who the Supremes will be or whether they'll even care about those issues any more...

  40. Wha-wha-what? by Anonymous Coward · · Score: 0

    "I have yet to see DRM that interferes with legit users. "

    Having never seen such a thing, you are so bold to claim such a thing never exists.

    You know, it's funny. You read a book one time about the solar system and believe there are many planets, despite the fact that you can't see any of them. Yet despite the fact that authorities on digital rights tells you that DRM interferes with legal uses of media you won't believe that.

    How do you reconcile that you choose randomly to believe in certain things but not others? Do you like to use "The Gut" (http://www.colbertnation.com/the-colbert-report-videos/218576/february-11-2009/truth-from-the-gut) to tell you what's right?

    Can't argue with a man who uses his gut instead of facts.

  41. Re:"Oh No!! Not... not The EFF!!" (shudder) by drinkypoo · · Score: 1

    Certainly it's efforts in this area are way disproportionate to the EFF's actual credibility in legal circles, where they are the Britney Spears in a boardroom full of King Crimsons.

    Equally irrelevant, as corporate tools?

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  42. Nice try by phorm · · Score: 1

    Nice plug, but I'm fairly when people think about games they're thinking about something a little more polished than somebody's hand-drawings.

    There are plenty of decent, DRM-less games though. It was recently noted to me that world of goo (which I'm not affiliated with) even has a Linux version available, so for those that are anti-windows in addition to anti-DRM... have at 'er.

    1. Re:Nice try by mrchaotica · · Score: 1

      for those that are anti-windows in addition to anti-DRM

      All people who are anti-DRM are also necessarily anti-Windows, because Windows has DRM.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  43. DRM is only a problem when not maintained by LostMyBeaver · · Score: 1

    In the software world, there are some issues relating to privacy which concern me regarding DRM. I don't even have a problem with DRM that allows me to pay a lower price for something I want if I allow a hardware lock-in (iPod).

    What does concern me however is DRM that discontinues working. When I purchase something, even if it's "The Rights to use it", I expect to continue to have those rights. An excellent example is a Microsoft High Definition DVD (the technology they released as a HD DVD before HD-DVD and BluRay came around.) which no longer works because Microsoft killed off the DRM server since they obsoleted the format. This left me with at least one $30 disc that will never work again since there's no key server anymore.

    There should be regulation that requires that media purchased is guaranteed to continue working so long as the user has hardware to play it. It should not be possible to cut it off from a central source.

    When I purchase audiobooks from Audible.com or Borders, the first thing I do is to remove the DRM since I don't expect to be able to a year later. I've invested thousands of dollars in audiobooks and I don't intend to risk my investment because they're worried someone else will pirate them.

    I have stopped using services that implemented DRM which is too complex or time consuming to remove. I won't actually buy BluRay until I'm sure that the DRM issues are all sorted. Meaning that once BluRay becomes obsolete, I'll be able to reliably rip all my discs into another format. I currently own over 500 DVDs and have invested an average of $20 into each of them. I protect them by ripping them and keeping the originals stored in a carton in a dry dark place.

    While I see DRM having very little use since the people who will pirate the game will use a crack anyway. DRM is little more than a deterrent that punishes the honest people.

  44. I don't see the point of this by KlausBreuer · · Score: 2, Interesting

    Perhaps I'm just in a bad mood today, but... what good are these discussions?
    The whole DRM mess has been chewed over and over and over again, and we always get the same results:

    * DRM or not DRM doesn't matter: piracy is around 80% either way. This has not changed for 25 years.
    * Company managers are too reality-disfunct to realise this, and are willing to pay for (expensive) DRM systems to include in their product.
    * Dito politicians, usually bought by the industry, and who are worthless by definition anyway.
    * Nobody will do a boycott.
    * We cannot change any of these points.

    Possible solutions:

    * Buy the original with DRM and live with it.
    * But the original with DRM and download a pirate copy.
    * Download a pirate copy only.
    * Refuse any DRM games, buy from the indy market instead.

    Note on the last point: I bought very very few 'normal' games in the last few years (I refuse DRM), but quite a few from these interesting small companies. Cheaper, ofter better (even if the graphics usually aren't), lots of fun, and you have the feeling that you're supporting the good programmers directly instead of some worthless CEOs 3rd Mercedes 500SEC.
    I bought (and can highly recommend) games like "World of Goo" or "Galactic Civilization II".

    HOWEVER: some indy games have now come out with DRM. Beware of these! A good example would be "Defense Grid". An excellent, cheap game, but sold only via STEAM or Greenhouse, both of which are a form of DRM not allowing you to play the game without internet access. And even if you install them on a different PC (eg at work, with net access) and transfer the registry info, it won't work as it's registered to your CPU ID.
    (Yes, I'm very pissed off about this specific example. Particularly as the support from Greenhouse does not exist).

    --
    Free PC version of ChipWits at http://www.breueronline.de/klaus/chipwits/
  45. Ugh. Tough by stanjam · · Score: 1

    I have been thinking over this issue for such a long time, and I must say, I do not have an answer. On the one hand you have a lot of unethical people who have no problem downloading and using illegal copies of games or music. Before the internet this was a problem, but not a huge one. Someone bought an album, and his friends borrowed it and made a tape. Very small scale stuff. Now one person buys the album, and hosts it on a torrent, and thousands of people can copy it illegally. Then you have the unethical practices of the copyright owners on the other side of the coin. Because there was little that could effectively be done to stop the wave of illegal copying, industry decided to add Digital Rights Management to their music CDs and software etc. At first this was easily broken, so they went for more complex versions. This stuff infects machines, causes huge problems, and at some points can even make you vulnerable to other malicious software. Horrible solution. The DRM on Spore has lead it to be the most popular illegal download on the net as far as games go. This illegal downloading has caused its creators to lose more money then they ever would have to illegal copiers if they had no DRM at all! But what is the solution? Until the community owns up to the fact that they are doing something unethical by distributing someone elses work without permission, companies will work on DRM. Until the companies admit that their attempts at DRM is part of the problem, and not the solution, people will continue to download illegally. You will always get those unethical hacks who download illegally. These people are mostly just clueless kids. I get two or three of them a year in college. Most of the time once they see the ethics involved, they make efforts to change, and buy their music/games/movies (then they may download a DRM free version to keep their computers clean). They have been around forever. However, if the industry spent the amount of money they have in development and prosecution, and instead invested in ethics education, they would have a lot less of the problem. However instead of looking at people as inherently good, they look at them as inherently bad, and the battle lines (ones that were never necessary) were drawn.

    --
    Open Source: Eroding the Digital Divide
  46. Customers vote with their dollars/euros/etc. by Anonymous Coward · · Score: 0

    As long as content providers are putting in shit that hinders the legitimate buyer, I'm staying out of DVDs, CDs and computer games. Everyone else should just do the same. Problem is enough people still buy so they have no incentive to get rid of the shit!