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Anger With Game Content Lock Spurs Reaction From Studio Head Curt Shilling

MojoKid writes "Studios and publishers are fighting back hard against the used game market, with the upcoming title Kingdoms of Amular the latest to declare it will use a content lock. In this case, KoA ups the ante by locking out part of the game that's normally available in single-player mode. Gamers exploded, with many angry that game content that had shipped on the physical disc was locked away and missing, as well as being angry at the fact that content was withheld from used game players. One forum thread asking if the studio fought back against allowing EA to lock the content went on for 49 pages before Curt Shilling, the head of 38 Studios, took to the forums himself. His commentary on the situation is blunt and to the point. 'This is not 38 trying to take more of your money, or EA in this case, this is us rewarding people for helping us! If you disagree due to methodology, ok, but that is our intent... companies are still trying to figure out how to receive dollars spent on games they make, when they are bought. Is that wrong? if so please tell me how.'"

908 comments

  1. Not on the disc by aaron552 · · Score: 4, Informative

    From what Curt Shilling has said, the content is not on the game disc and was intended to be released as (day-one) DLC, but instead, those who buy the game get it for free. I really don't see the problem, myself.

    --
    I had a sig once. It was lost in the great storm of '09.
    1. Re:Not on the disc by Anonymous Coward · · Score: 5, Insightful

      I don't give a shit what an executive figurehead says out of the corner of his mouth. The outcome is all the matters and game developers are trying to charge the same price for a single use, non-transferable license as they used to charge for transferable media.

      Yes that is wrong, because I as a customer have no desire to pay the same or higher price for a reduced value. I will download pirated copies or go without before I willfully entrap myself in this DRM/license pay-per-use dystopia being advanced by IP Rights Holders.

      There's nothing wrong with making a profit, but don't complain to congress if you find that your scheme isn't viable in a free market. You'll lose money in your attempt to re-write the social contract.

    2. Re:Not on the disc by erick99 · · Score: 2, Interesting

      It doesn't help that, outside of Boston, Shilling is a very unlikable guy. I wouldn't expect him to throw a rope to a drowning person in a river if it would make him 15 seconds late for lunch.

      --
      http://www.busyweather.com/
    3. Re:Not on the disc by Elbereth · · Score: 4, Insightful

      So, you get the content for free, if you're the original owner, but you need to buy it, if you're a second-hand owner? That's frustrating, but it's not as bad as it could be.

      Anyway, my suggestion to them would be to have a market on their own website, where you can auction/sell activation codes to the games that you own. That way, they can track the second hand market, make it easier for people, and also perhaps make a tiny profit off of each sale (say, 5% or 10%). Also, this would make it very easy to trade/sell DLC. In fact, I should probably set up a third party website like this.

    4. Re:Not on the disc by Elbereth · · Score: 4, Funny

      Does he know the mayor of Boston?

    5. Re:Not on the disc by Anonymous Coward · · Score: 0

      Boston? That's understandable, then. By the time you find a rope that won't dissolve in the Charles, any drownee would be dead.

    6. Re:Not on the disc by Zemran · · Score: 4, Interesting

      Why should I have to go and get something that I have already bought, paid for and had delivered? Will they recompense me for my time and inconvenience? I doubt that but even if they did, unless they refunded the whole some by way of apology, I would still be pissed. This has all gone to far and I, as someone who had always been happy to buy lots of games in the past, download the cracked copy every time now because I do not want to put up with this BS. If I cannot play the game, when I want (i.e. no need for internet etc.) I would rather have a copy. If I am going to have to go online (to download half the game) I may as well download an entire game. I am not even prepared to put the CD into the drive every time I want to play (why should I? My CD drive is not internal!), I just want to play.

      I have got about a cubic metre of games that I have bought in my room but now I download. I do not mind paying but I do mind having to put up with all the shit. If they provide good extras (manual maps etc.) I will buy it and download the crack. For me it is not about the money, it is about being able to play it when I want.

      --
      I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
    7. Re:Not on the disc by Mitchell314 · · Score: 5, Insightful

      Meh, If you don't like it, don't buy it. Instead play something else; vote with your wallet. It's not like there's a shortage of games.

      --
      I read TFA and all I got was this lousy cookie
    8. Re:Not on the disc by Conspiracy_Of_Doves · · Score: 2

      And what happens when there is nothing else?

    9. Re:Not on the disc by Genda · · Score: 1

      Your making a false assumption on the presumption that they don't intend to force second hand owners to pay 100% of the full price of the product on the premise that whether you're the first or twenty first person to be holding the disc, you will pay 100% for the privilege to play their game. Its there game, they have every right to make certain everyone pays the full price to play it. That said, they're going to have to deal with a world where players have expectations from other game producers, and unless their games are the most amazing, wonderful, enjoyable games ever made, there is a very real chance that players will simply tell them to shove it.

      Its a for profit business. These are not bad people, they are there to make a profit, the more the better, and if they have to slap you around a little or mess with your perceived entitlements to squeeze a little more profit out, you're simply buggered. This is not evil, its the way our economy is geared and the answer is to sit the man down and let him know that at some point, aggressive profit making to the detriment of your customers will predictably reach a point of diminishing returns. Businessmen need to be able to make a reasonable profit on their product. They also need to treat their customers with respect and dignity and their customers need to do the same. There is common ground, and its up to both parties to find it. Or you can just declare war on one another and everyone loses, particularly the innocent bystanders who end up being subjected to legislation on behalf of business which fundamentally undermines human rights.

    10. Re:Not on the disc by trevelyon · · Score: 1

      Wow, I wonder if you would be as happy if that was your car. You can buy the car from us AND get replacement parts BUT if you sell it the new owner can't get any after market parts for it. Sorry but this is raw greed. They want money from each step of each sale just like a mafia, they have to get their cut. Anyone want to put money that this new reduced functionality is not clearly stated before purchase? I'd wager it's hidden in 4+ pages of EULA and the customer will find out when they go to sell it down the line.

    11. Re:Not on the disc by Squiddie · · Score: 2

      The problem with that is that when I want to play my game some years from now, I will have a reduced experience. How long until the whole game is locked out like this? They're just trying to see how much crap people that play games will take.

    12. Re:Not on the disc by Darinbob · · Score: 1

      If you buy the game you get it, no problem there. But if you have gotten it then it should not be taken away from you later. So you should be all rights be able to give the game away to someone and it should include everything, including "free" DLCs.

      This should be exactly like a paper book. You give it away and it is still readable by whoever you give it to without it magically becoming encrypted. Publishers have had to deal with second hand sales forever.

      Note that I said "give away" not "sell to some lowlife second hand dealer that charges full price minus $1". But either case it is my right to give away or sell the game as I see fit if I own it. I don't care if some CEO is whining that he doesn't get a share of the pie. Make the game good enough and it won't be given away.

      If I do sell it and get some money, then the game maker needs to suck it up because I have a right to resell and the game maker has zero rights to that money.

      Now if I RENTED a game it would be different. That's what's wrong with DRM is that you effectively are only allowed to rent the games but the games are marketed and promoted as if you own them outright. I don't mind with MMOs because it's obvious there that you only rent those games.

    13. Re:Not on the disc by Anonymous Coward · · Score: 0

      If it's too expensive, DON'T BUY IT.

    14. Re:Not on the disc by gl4ss · · Score: 2

      the intention is more like this: a second hand owner gets a playable demo.

      --
      world was created 5 seconds before this post as it is.
    15. Re:Not on the disc by Runaway1956 · · Score: 1

      The problem is control. If you see no problem with Chevrolet selling a car that runs well, then crippling the car when it is resold, then there should be no problem with game developers crippling a game for anyone but the original purchaser.

      Corporate America works for us, not the other way around. They get our money if they please us. Obviously, Curt and company are not pleasing their customers. Now, do you see the problem?

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    16. Re:Not on the disc by Anonymous Coward · · Score: 0

      Make one or starve! Those developers are not your slaves.

    17. Re:Not on the disc by Sir_Sri · · Score: 5, Interesting

      How is it wrong to raise the price? This game is not that previous game you bought for the same price. In the same way Harry Potter is not star wars. They may come on DVD's but they are in no way the same movie.

      And in short: you're going to go without. Good or bad the games industry is fed up with used games, and piracy. That means the entire experience is going to require you be authenticated with their service, constantly, and some of the core content will only exist on that service. In other words it's going to look at lot more like Steam, and a lot less like the 1980's.

    18. Re:Not on the disc by Runaway1956 · · Score: 1

      It's not within their rights, or their authority, to "track the second hand market". Sorry, but you've missed the boat here.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    19. Re:Not on the disc by Anonymous Coward · · Score: 0

      Productivity goes up, relationships get strengthened, people pick up new interesting hobbies.

      Or they'd just play some mindless "freemium" facebook game ;).

    20. Re:Not on the disc by bfandreas · · Score: 0

      While I never buy second hand I don't like being tethered like that.

      DRM is becoming a major hassle and my gaming backlog is long enough to keep me occupied. So I will avoid this, which is a pity because I was quite interested in it.

      --
      20 minutes into the future
    21. Re:Not on the disc by VAElynx · · Score: 4, Interesting

      And frankly? I'm fed up with them, and so are thousands of gamers all across the world. And well... we do have an option - these days, F2P games are becoming increasingly plentiful, like the excellent World of Tanks, and given that old-time designers were apparently not as big douchebags, there's still the availability of older quality titles which are both cheaper and more worthwhile than most of what is produced these days.
      And for everything else, there's DnD 3.5.
      Of course, the resulting sales failure *will* get blamed on piracy.

    22. Re:Not on the disc by hairyfeet · · Score: 5, Insightful

      Sad an AC had to nail it. I would just add this is also completely against one of the cornerstones of capitalism, and that is first sale. once you sell something that's fucking it, then its mine. I can sell it, wipe my ass with it, turn it into ninja stars if that is what i want to do because ITS NOT FUCKING YOURS ANYMORE you asshole! if you want to play that bullshit why the fuck can't we all do it? from now on PCs aren't sold, we're just giving you a one use non transferable license! Now you have to dispose of all PCs because that license isn't transferable! Hey we'll do it to houses too, clear that whole housing market problem right up because after one use you'll have to burn the fucker!

      Just because its on a fucking disc or is IP doesn't suddenly give it magical fucking rights, its STILL a product. this kind of bullshit is what i fucking HATE about these cartels, they are trying to be fucking Schrodinger's fucking cat and be in two states at once. On the one hand they are saying "Oh no, you didn't buy the media, you bought a license" well fine, my disc got scratched so i can just download another one since i have a fucking license right? "Oh no, you don't own a license, you have a disc so if its gone you gotta buy another one!" BULLSHIT fucking bullshit! you can NOT eat your cake and have it too assholes! Its either ONE or the other but NOT both, you can't have all then protections and NONE of the liabilities you greedy little piss ants!

      Now i apologize if my language has offended anybody but this REALLY pisses me off. this is just big media trying to do an end run around rules that have been there for ages by trying to claim their IP crap is two things at the same time while being NEITHER ONE when it comes to responsibilities. Well fuck you cartels, i'll pirate also before i buy a single thing from this company!

      --
      ACs don't waste your time replying, your posts are never seen by me.
    23. Re:Not on the disc by VAElynx · · Score: 5, Insightful

      Um, perceived entitlement?
      There's something called the first sale doctrine , which applies to books and which logically should extent to all media.
      These are attempts to cheat it, just like DVD regions are a cheat attempt at price fixing.
      Call things by their true names, will ya?

    24. Re:Not on the disc by Anonymous Coward · · Score: 0

      Shortage of games? No. IF you're taking into account all the generations before and are willing to play those still. (I am.)

      Shortage of new games being released that AREN'T being mangled, gutted, hacked up, unbugged, etc etc prior to being offered for sale at full retail price? Yes, actually. This kind of shit is getting more and more common. If you care about modern gaming, you'd better start getting a fucking lot more vocal AS WELL AS voting with your wallet.

    25. Re:Not on the disc by Anonymous Coward · · Score: 0

      Money doesn't talk, it SWEARS!!! :P
      -- Bob Dylan

    26. Re:Not on the disc by Sir_Sri · · Score: 5, Insightful

      Um... you do know what the F2p model is right? it's a giant DLC farm (if you want anything good you pay for it), and if you're only there for free you exists as a product to keep some other sucker paying 100 dollars a month for the game. That's what F2P is. Free to play is in no way free. They're going to try and hook you into 'well I spend 10 dollars, what's 10 more?" or "well I could spend 15 dollars a month on WoW, why not 15 dollars for that new Tank or gold to buy tanks or whatever. If there isn't one person paying 150 dollars for every 9 people who pay nothing they're going out of business as would Blizzard if they had no subscription revenue. If you aren't the sucker paying 150 dollars a month then their goal is to make you into that sucker, or you to die for that sucker to feel good about his 150 dollars a month.

      Which works remarkably well at generating revenue, and is a perfectly valid business model. But one should be under no illusion what they're doing.

    27. Re:Not on the disc by couchslug · · Score: 3, Insightful

      "And what happens when there is nothing else?"

      Games are toys. There will always be toys. Crave something different.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    28. Re:Not on the disc by cgenman · · Score: 2

      There's nothing wrong with making a profit, but don't complain to congress if you find that your scheme isn't viable in a free market. You'll lose money in your attempt to re-write the social contract.

      To be fair, he's not complaining to congress. They went and made a free-market scheme. No complaining to congress, no banning used game sales.

      In this scheme, part of a real physical game behaves like a downloadable title. I.E. the original makers get paid something for used games, some of the time. Used games then are genuinely different than new games, which they hadn't been on consoles. (PC games have had single-use registration codes for some time now). Thankfully, it doesn't completely cripple used game sales, like on the PC. It's actually a pretty reasonable compromise.

    29. Re:Not on the disc by Anonymous Coward · · Score: 0

      This. The second hand owner (or first hand owner after some PC upgrades) ends up with a crippleware product.

    30. Re:Not on the disc by Lord_Jeremy · · Score: 3, Insightful

      F2P game companies like free players because they significantly increase the player base (which of course increases the value of the game in general). They just like paying players a helluva lot more.

    31. Re:Not on the disc by Anonymous Coward · · Score: 0

      uh wtf? they already got paid for the sale of the copy. if this is how they want to operate, then they shoudln't charge more than $0.50 for it. that's what it's like, playing a fucking game at the arcade.

    32. Re:Not on the disc by _xeno_ · · Score: 2, Insightful

      Does he know the mayor of Boston?

      I'm not sure, but I'll bet the mayor of Boston knows him. I mean, hell, Martha Coakley mistaking him for a Yankee was enough to get a Republican into Ted Kennedy's senate seat.

      That said, I listened to Curt Schilling talk at a panel at PAX East last year, and I will say this - the guy is legitimately passionate about video games. He clearly enjoys playing them, and it's clear that he hopes to make the best game he can. So he's not just some random executive, he's a gamer at heart.

      While I'm impressed with his passion towards making games, I'm not at all convinced it translates to the ability to make a good game. Nor does it mean that he's able to run a game company.

      --
      You are in a maze of twisty little relative jumps, all alike.
    33. Re:Not on the disc by Anonymous Coward · · Score: 0

      This is not new, games have been giving away bonus content to those who preorder or whatever for a long time.

      Second, the world changes, prices dont stay stagnant so the fact that a game cost X one day doesnt mean that 10 years later you should flame that company for changing the price. Things change.

      Third, people bitch about companies not adapting to the market...well they arent adding DRM, they are simply giving addtl content to those first time buyers..I think its agreat idea, I applaud them for it. You have no idea how much of a financial risk it is to produce this game in the current market.

    34. Re:Not on the disc by VAElynx · · Score: 5, Insightful

      I dunno - I have been playing it since the closed beta, and didn't shell out a penny, yet i don't see getting steamrollered just because of that. If i'm getting screwed somehow, then i'm pretty fucking happy about it.
      Even better example would be TF2 where the things that are exclusively for purchase don't affect game balance at all.
      The point is though - yes, this is a business model, and yes , it's aimed at generating revenue, but it is remarkably customer-friendly. The business model mentioned in the article above is just heavy duty assholery attempting to bypass existing laws and screw customers over.

    35. Re:Not on the disc by symbolset · · Score: 5, Funny

      I, for one, found your specific use of language inspirational and appropriate. Wish you could have worked some rectal pineapple insertion in there though, as the situation calls for it.

      --
      Help stamp out iliturcy.
    36. Re:Not on the disc by symbolset · · Score: 5, Insightful

      "There has grown in the minds of certain groups in this country the idea that just because a man or corporation has made a profit out of the public for a number of years, the government and the courts are charged with guaranteeing such a profit in the future, even in the face of changing circumstances and contrary to public interest. This strange doctrine is supported by neither statute or common law. Neither corporations or individuals have the right to come into court and ask that the clock of history be stopped, or turned back."

      Robert Heinlein, Life Line, 1939

      Sheer poetry from the Dean of Science Fiction, early in his career and long before he was famous.

      --
      Help stamp out iliturcy.
    37. Re:Not on the disc by symbolset · · Score: 4, Funny

      There's always porn.

      --
      Help stamp out iliturcy.
    38. Re:Not on the disc by solidraven · · Score: 4, Insightful

      And this is why I stopped gaming all together. In the limited free time I do have I like doing something I enjoy. Fighting with locked down software isn't on the "fun" list. I can't name a single new game that works properly on my laptop simply due to the copy protection. I always have to use a networked dvd drive cause the one in my laptop can't deal with all their stupid schemes. I'd rather use my money to light a fireplace than pay for a game like that.

    39. Re:Not on the disc by Anonymous Coward · · Score: 0

      Well said AC!

    40. Re:Not on the disc by Anonymous Coward · · Score: 1, Funny

      Vote with your wallet?

      But they're OWED that money!

      They WORKED HARD to produce that game!

      If you don't buy it, that's a lost sale, and we all know what lost sales are.

      PIRACY!

    41. Re:Not on the disc by Anonymous Coward · · Score: 0

      From what Curt Shilling has said, the content is not on the game disc and was intended to be released as (day-one) DLC, but instead, those who buy the game get it for free. I really don't see the problem, myself.

      There's a nice fun piece of legal mumbo-jumbo. I wonder who got a raise for thinking up that idiocy.

      Software (more specifically used games) are the only people who seem to think they are entitled to get paid more than once for the same product, nobody else expects it. When I sell my old computer off intel and gforce don't expect to get paid again because somebody else is using the hardware now, when I sell old books, the publisher doesn't expect to get paid again. My old couch will never generate new income for the original manufacturer again, and even Sony doesn't expect extra cash when I pass off my old CRT cause I bought a LCD. (Granted that was a while ago, but point stands)

      So, why on earth do game makers think they get more money? I bought a game, I sold the game to somebody else. Even if we accept the software companies ridiculous assertion that they are selling me a license to use the software rather than a copy of the software, I can still sell my license!

    42. Re:Not on the disc by phantomfive · · Score: 5, Funny

      You mean, what happens when there is nothing else to entertain yourself? I mean, when you really can't think of anything else, and your life is that bad without entertainment? You invade Afghanistan. There's a long tradition. It's very fun.

      --
      "First they came for the slanderers and i said nothing."
    43. Re:Not on the disc by kainosnous · · Score: 5, Insightful

      I think that you miss the point. Nobody is trying to stop them from making a profit. This isn't about us trying to make them poor, it's about people being fed up with companies acting more like parasites trying to squeeze more revenue from their product their predecessors did and is worth paying. They treat the consumers like they need their products. They forget that people aren't always able or willing to pay higher and higher prices for their merchandise.

      Sure, F2P games are often there to provide a profit. We don't have a problem with that like we didn't have a problem buying and trading games back in the 80's and 90's. When I was growing up, part of the fun of buying a game was that after you got bored with it, you could trade it off with one of your friends. You'd still buy the latest games that came out when you had the cash, but your old games still held value. Even in this new age, I still enjoy breaking out the old Nintendo games sometimes.

      As a side note, there are many truly free games out there. It's called OSS. I know that some people will complain about the low quality compared to the more polished proprietary games, but at least we have some free options. As for me, I haven't found any game, for pay or for free, that I enjoy as much as nethack. So, let them make a profit, but when that profit is made to spite the consumer, I say it's time to look for an alternative.

      --
      There are 10 commandments: 01)Thou shalt love the Lord Thy God 10)Thou shalt love thy neighbour as thyself.Matt22:34-40
    44. Re:Not on the disc by Mattsson · · Score: 1

      If people actually didn't buy games that couldn't be sold second hand, game studios that only produces such games would loose income.
      Most would be forced to either go out of business or change their business method into something that works.

      If selling games with one-time use codes works and even leads to increased income so that all game studios change all their games into this type, that's the fault of the consumer, not of the producer.

      --
      /.Mattsson - My native language is not English, so please don't whine over linguistic errors. (That's lame anyway...)
    45. Re:Not on the disc by Phernost · · Score: 4, Insightful

      The only perceived entitlement is that of the publisher and maker believing that they have a right to a percentage of all sales: used, new or otherwise.

      I also like how being a business makes you inherently not evil. Just replace “business” with “assassin” and you've described the “free market”. Just because I kill people for money doesn't make me evil. I'm just trying make a profit. Now, if I could just get rid of all those government regulations about not killing people. It's really killing my business model. Stupid people and their perceived entitlement to life.

    46. Re:Not on the disc by clarkkent09 · · Score: 1, Insightful

      Actually its their game and their contract and they can have it both ways and another four ways too if they want. If you don't like what they are offering in exchange for your money (call it license, or product or whatever you wish) then don't buy it. It really is like that in the real world and it's a good thing because that is what freedom is like. If I offer to buy your coffee table and you set the price to $100 million plus a kidney then I have the right to refuse it but I don't have the right to steal it from you just because I don't like your terms. If you don't like it then get angry and scream a lot, cause then the companies will do things your way just like your mom did when you were a baby.

      --
      Negative moral value of force outweighs the positive value of good intentions.
    47. Re:Not on the disc by Phernost · · Score: 1

      Slaves? I don't remember anyone asking them to work for free or to own their persons out right...

    48. Re:Not on the disc by Volshebnyj+Molotok · · Score: 1

      Hit the nail on the head. Period... end of discussion. Thank you!

    49. Re:Not on the disc by Nyder · · Score: 5, Insightful

      How is it wrong to raise the price? This game is not that previous game you bought for the same price. In the same way Harry Potter is not star wars. They may come on DVD's but they are in no way the same movie.

      And in short: you're going to go without. Good or bad the games industry is fed up with used games, and piracy. That means the entire experience is going to require you be authenticated with their service, constantly, and some of the core content will only exist on that service. In other words it's going to look at lot more like Steam, and a lot less like the 1980's.

      I think the automobile industry should do this also. Make it so software is required to drive the car, and that software gets downloaded everytime you start the car up.
      That way the car manufactures can make money thru the used market without having to actually buy and sell used cars.

      --
      Be seeing you...
    50. Re:Not on the disc by gadget+junkie · · Score: 1

      Um... you do know what the F2p model is right? it's a giant DLC farm (if you want anything good you pay for it), and if you're only there for free you exists as a product to keep some other sucker paying 100 dollars a month for the game. That's what F2P is. Free to play is in no way free. They're going to try and hook you into 'well I spend 10 dollars, what's 10 more?" or "well I could spend 15 dollars a month on WoW, why not 15 dollars for that new Tank or gold to buy tanks or whatever. If there isn't one person paying 150 dollars for every 9 people who pay nothing they're going out of business as would Blizzard if they had no subscription revenue. If you aren't the sucker paying 150 dollars a month then their goal is to make you into that sucker, or you to die for that sucker to feel good about his 150 dollars a month.

      Which works remarkably well at generating revenue, and is a perfectly valid business model. But one should be under no illusion what they're doing.

      Me and my son both play World of tanks. He's never shelled out a dime, while I admit I bought a tank, and generally spent some money on the game. I did it with the perfect knowledge that there's no free lunch in life: the company releasing it is not a benevolent fund.
      Having said that, I like this social model best: the company must strike a balance between making money and keeping the numbers of free players up, while satisfying paying customers, so even blatant attempts to generate revenue imply walking a fine moral line on their part: there's no way the model could accomodate a player with a Challenger 2 tank in a world war II setting. All the other player would quit the battle immediately, and would probably quit the game too. And tell their friends.
      Getting money on used games is an unrelated business. imagine that I bought a DRM protected game for myself. i'd play a while, but it would probably end in my son's computer, as it usually does. Lo and behold, I should pay for that?
      Luckily, it will not matter. It might generate a bit of revenue, but since it's mostly nonrecurring, it does not move the stock prices, so it's not worth the hassle. It might serve to lobby the goverment to make resale illegal tough, or at least to surtax organizations who act as middlemen.

      --
      "If a boss demands loyalty, give him integrity. But if he demands integrity, give him loyalty." (John Boyd, 1927-1997)
    51. Re:Not on the disc by Sir_Sri · · Score: 3, Interesting

      It's attempting to bypass the existing business model, which has failed. You may not like what they're doing, but we're going to see a lot of failed attempts at new business models.

      As to world of tanks specifically: You can buy with real money what you can earn in game through playing. You may not have been steamrolled, but you're there to make the experience enjoyable for someone who bought their tank. That's kinda how the entire game works. That doesn't mean it isn't fun.

    52. Re:Not on the disc by symbolset · · Score: 1

      Do you know how I know you haven't fully read his body of work and understood it?

      --
      Help stamp out iliturcy.
    53. Re:Not on the disc by Anonymous Coward · · Score: 0

      that's what it's like, playing a fucking game at the arcade.

      Except that your average arcade game has more content and requires more skill.

      Games today are turning slowly into movies. They become more graphics focused, playing gets simpler, and the play time drops. If the trend continues, they will be two hours long, with the controller only being used to signal that you haven't fallen asleep yet - what you do is irrelevant, cause the game will continue to entertain you passively like the movie it's turning into.
      This is called progress.

    54. Re:Not on the disc by Anonymous Coward · · Score: 2, Insightful

      Yes that is wrong, because I as a customer have no desire to pay the same or higher price for a reduced value.

      There is no reduction in the value. Software does not wear out over time, it's 100% identical to a brand new license. If you're referring to the physical media, packaging, inserts, cover art, etc. yes it does wear over time but all that stuff also can be re-sold under "first sale" and isn't the topic at hand.

      game developers are trying to charge the same price for a single use, non-transferable license as they used to charge for transferable media.

      Wait, are you talking about the media, or the license? You seem confused.

      The license DOES transfer. You didn't bother to read at all, which is obviously lost on the people who gave you a +5 Insightful rating. What you want is the license AND the bonus content license to transfer, and you're pissed that the additional content license isn't transferring. Which is fine, you have a right to your opinion, but stop pretending like the entire thing is non-transferable when that is not true at all.

      I will download pirated copies or go without before I willfully entrap myself in this DRM/license pay-per-use dystopia

      Again, you seem confused. Are you angry about the DRM? That's one issue. Are you angry about pay-per "use" licensing? That's another, related issue, but not the same issue.

      If you have a problem with it, don't play the game. Just like if u have a problem with a company's corporate ideology or manufacturing practices, don't use their products.

      There's nothing wrong with making a profit, but don't complain to congress if you find that your scheme isn't viable in a free market. You'll lose money in your attempt to re-write the social contract.

      Well it IS viable, and has been for quite some time. I haven't noticed any gaming companies going bankrupt because people boycotted their games due to DRM or non-transferable licensing. And I have no idea why you even bring up Congress in all of this, other than to add some fuel to the fires you're trying to light.
      And they are not rewriting any so-called "social contract". There are plenty of things in life which are non-transferable contracts, and since there is no actual property changing hands or physical goods to be owned, it's a moot argument to start with.

      We've been through all of this before, with audio cassette tapes (among other things). The license transfers with the media because the license was bound to the specific copy which resided on that specific cassette. If you destroy the cassette, you don't still have license because the copy you were licensed to use is destroyed. (or to be completely accurate, you still have the license but since the copy is gone, it's useless.)
      In the case of software, in particular with DRM, the license is a contract specifically between you and the rights holder allowing you to use a copy. There isn't any binding of the license to media, it's bound to you the person.

      The price you pay is for the game without the DLC, the DLC is provided for Free to anybody who buys the game "first-hand" from the publisher. Does this have the effect of cutting out the used games sellers? Why, yes it does.

      Look, it comes down to a matter of numbers. If we allow used sellers to sell transfers of licenses, then the game publishers will just keep raising the prices to compensate, and if you want a new game you'll end up paying $100 for a copy. These used game companies could approach the content companies and work together to come up with a royalty scheme which would allow for reselling games and still keeping the price point low, while giving some money back to the developer. But they refuse to do that, they've given the developers the middle finger and told them to go get fucked. So the devs are taking the route of simply cutting brick and mortar out of the equation as much as possible.

      I

    55. Re:Not on the disc by Anonymous Coward · · Score: 0

      It's not enough to not buy yourself. You need to tell everyone you know: "do not buy from this company". Spread the word as far as you can - to the people never thinking about such things - to your aunt, grandmother, grocery shop seller. To everybody that could come up with the idea to give you a gift of the game. To everybody that could buy such game for anybody else even.

    56. Re:Not on the disc by Anonymous Coward · · Score: 1

      but once you buy it you have the right to do with it as you like... that is the issue

    57. Re:Not on the disc by bky1701 · · Score: 1

      There's always piracy. Funny how that's free and always has all the content, isn't it?

    58. Re:Not on the disc by Anonymous Coward · · Score: 0

      It still does not mitigate the fact that Curt Shilling is a whore. A filthy filthy whore.

    59. Re:Not on the disc by Anonymous Coward · · Score: 0

      Do you know how I know you haven't fully read his body of work and understood it?

    60. Re:Not on the disc by arose · · Score: 1

      Meh, if you don't like the discussion, don't participate. Yet you have an opinion, so why can't anyone else? Does trying to make a profit make one immune to criticism? Why?

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    61. Re:Not on the disc by mwvdlee · · Score: 1

      It decreases resale value for honest buyers.
      Most game buyers take into account the fact that they'll get some money when selling the game second hand.
      EA/38 studios are knowingly decreasing the value of their product without lowering the price.

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    62. Re:Not on the disc by Anonymous Coward · · Score: 2, Insightful

      Yeah -- but know what you're buying. If you're buying "a non-exclusive non-transferable license" then don't be surprised if they go after you for transferring it. And if you long for them to sell you the game as a thing for you to do whatever you want with, you're far from alone. But your wishing doesn't make it so, and when you show up at a Mexican restaurant wanting fried rice, it doesn't give you permission to trash their kitchen just because they don't serve what you want. Go somewhere else. Make it count. Don't just be either a) a raging pirate or b) a big-words guy who rants, raves, and then buys the game anyway. If you have any principles worth living for, you won't steal; you'll just stiff them by not buying their product, and by buying things that are offered at acceptable terms to you.

    63. Re:Not on the disc by wierd_w · · Score: 5, Interesting

      No it isn't. It isn't a compromise at all.

      A compromise is where both parties give up a little, to reach an "acceptable" solution, where otherwise there is an intractible situation.

      Here, we have a game company pushing the envelope to push the transaction in its favor. Right ot wrong, this is not a compromise.

      A compromise would be more along the lines of:

      "we understand and respect the first sale rights of our customers who buy game discs, but also need to keep the lights on. Because of this, we have decided to offer the base game without any of the optional expansions for a reduced price. We reduced the price due to the extremely vanilla nature of the offering. The expansions can be purchased online as a downloadable content license for a fair price each. The single player basic campaign will not be crippled without the dlc, but the dlc does improve its enjoyability and replay value. You can redownload the dlc expansions any time you like, but they are tied to your user account, and are nontransferable."

      Selling a dlc expecting game for the price of a full title, selling the dlc for premium prices on top of that, and offering some dlcs as special exclusives is *not* a compromise.

      You are selling a purposefully deficient gaming experience for full price. This is dick move #1.

      You try to make us all feel better by offering an exclusive dlc for "free". This dlc is designed so that second hand players cannot legally get it without buying another copy of the game band new. This is dick move #2.

      The non dick-move solutions are as follows:

      1) "exclusives" should be promotional only. This means "buy the game before christmas eve, and get this special novelty exclusive dlc for free!" (With the intent that 4 or 5 months later you offer the same dlc for sale for a modest price.) The only other time an exclusive dlc is appropriate is for a specific console vendor promotion. If you plan on selling a slimmed doen base game with the intent of selling dlc to make up for it, then you have to price your offering appropriately. If your game is super ultra vanilla without the dlc, offer it for 30$ instead of 60, and charge another 30$ for the dlc. If you want to bundle, then offer a "free" (ahem.) Download ticket for the dlc in the game pack marked 60$. Don't shut out second-hand buyers. Offer them the missing content for a reasonable fee. This way you stand to monetize the 2nd and 3rd hand sales. These are sales of the dlc that you didn't have to pay merchanising costs for. Instead of complaining that you didn't get those people to spend 60$, accept the 30$ they are spending on the dlc. (If they buy smartly, they can still buy used and get the dlc cheaper than new, which is why they buy used in the first place. People who buy used put up with intrinsic bads like scratched disks, missing manuals, beat up cases and the like already. Don't penalize them harder because you want the full 60$ from their wallets.)

      In short: "required" (for the full game experience) non-transferrable dlc is *already* a compromise. Don't be a greedy whorish assfuck by dickishly witholding dlc content from second hand buyers that would happily buy the dlc from you, but don't want to pay your MSRP for the game disk. Don be a greedy whorish assfuck by double dipping your customers with a 60$ brand new disk that requires 20$ or more of seperate dlc to be playable. Those are not compromises. Those are being unreasonable, and you will hurt customer relations, and your brand, resulting in future lost sales.

      The second hand market is a reality. Instead of pitching a hissyfit that you can't make only brand new sales, offer to service the second hand purchasers for a modest fee. Monetize the second hand market. Don't try to expunge it.

    64. Re:Not on the disc by Anonymous Coward · · Score: 0

      Your sig seems to be inaccurate.

    65. Re:Not on the disc by Anonymous Coward · · Score: 0

      I don't give a shit what an executive figurehead says out of the corner of his mouth. The outcome is all the matters and game developers are trying to charge the same price for a single use, non-transferable license as they used to charge for transferable media.

      Yes that is wrong, because I as a customer have no desire to pay the same or higher price for a reduced value. I will download pirated copies or go without before I willfully entrap myself in this DRM/license pay-per-use dystopia being advanced by IP Rights Holders.

      There's nothing wrong with making a profit, but don't complain to congress if you find that your scheme isn't viable in a free market. You'll lose money in your attempt to re-write the social contract.

      WTF So now unwritten unspoken "social contracts" are binding??? You don't want to pay for extra content so now are they suppose to provide you with free expansion packs? The only legit argument you made was the change in status about reselling games. There's a massive problem though and there's no easy answer. Top games cost a fortune to produce and most loss money. Only a tiny handful make the really bug money and what is the average one makes money for the 5 or 10 that tank? The fact that gaming companies are starting to drop like flies shows that margins are tight. It's easy to say make cheap hit games but that's like saying make cheap block buster films. Yeah there are a lot of clueless people in production, I come out of film so I know that all too well but the happen to be the ones in power and they aren't inclined to leave. No one is going to win this one because it's a cold war. The more creative pirates get the more the studios tighten their grip. I don't really like any of the modern games so I don't have a horse in this race but I started out playing games long before there was any real security. People traded games back then but it was a fairly small number. It was only when it went mainstream and they saw large numbers doing it that the security showed up. Trust me I hate security as a paying customer. I use Pro graphics software I 9 times out of 10 it requires one or more tech support calls to get past the bloody security. Some of my software has three or more numbers needed to install. It's a massive pain but if it wasn't for piracy I doubt they'd go to the trouble so in a sense I get to pay for people downloading.

      Personally I don't care about used because as I've said I gave up on games but if they continue to loose money on most games in part because people are looking to save a buck by waiting and buying used it's a loosing fight for both sides and in the end there will be fewer games and the quality will be hurt not get better. Notice how much better music got in the last dozen or so years? I have maybe two songs from the last dozen years on my iPod. Everything else is oldie, the current stuff is mostly crap. Film and gaming is starting down that same road. The rich will always make money we're the ones that get to pay by getting stuck with crap content.

    66. Re:Not on the disc by Anonymous Coward · · Score: 0

      I don't give a shit what an executive figurehead says out of the corner of his mouth. The outcome is all the matters and game developers are trying to charge the same price for a single use, non-transferable license as they used to charge for transferable media.

      Yes that is wrong, because I as a customer have no desire to pay the same or higher price for a reduced value. I will download pirated copies or go without before I willfully entrap myself in this DRM/license pay-per-use dystopia being advanced by IP Rights Holders.

      There's nothing wrong with making a profit, but don't complain to congress if you find that your scheme isn't viable in a free market. You'll lose money in your attempt to re-write the social contract.

      They have already lost me as a customer, and I'll do my best to teach my kids to be lost customers too.
      Fuck the videogames industry. Every other industry manages to go along with a second hand market but they and their oh so precioussssssssss "second hand = pirate" mantra is just a pathetic excuse for a business model completely broken (aka the hollywood blockbuster model) that they are unwilling to change.
      I'll come back when they'll have their priorities straightened out. Until then all hail to the patched eye banner.

    67. Re:Not on the disc by dokc · · Score: 0

      Boston? That's understandable, then. By the time you find a rope that won't dissolve in the Charles, any drownee would be dead.

      And dissolved

      --
      In love, war and slashdot discussions, everything is allowed.
    68. Re:Not on the disc by Anonymous Coward · · Score: 5, Insightful

      I'm going to summarize this issue:

      When you buy a hammer to assemble a bed you just bought, you're perfectly free to sell that hammer once you're finished using it. The hammer manufacturer can not demand that the person you sold it to pays them something too.

      And it should be the same with games. If you decide you're done playing with a game and you want to sell it, then you should be free to sell your right to play the game. When you sell a used game, you lose the option to play it again in the future.

      Now I know game companies are going to say that a game is designed to be played only once and so if people could just resell their games, they (the companies) would go out of business. My answer: so what?

      First of all, my father had only one hammer since he moved out of his parent's home when he was 20. He's 60 today and still has that hammer. When I moved out, I bought a hammer (as well as some other tools) and I plan to keep those tools my whole life. There's one hammer per household, and yet hammer manufacturers don't seem to be going out of business.
      People don't buy just one video game in their entire life. They buy quite a few. Even when they can freely resell those games, they still buy several games. Also, video games can be more expensive than a hammer. If hammer manufactures can do it, then why can't game studios? I think it's clear that game studios are just trying to use the fact that their product is digital instead of physical to make more money.

      Second, if people don't want to keep your game their whole life, then that's your own fault. Major game studios these days release games that last just a few hours (I think the average is 8 hours). Compare this to the 90's when a game could last 50+ hours. 8 hour games also cost quite a lot, usually $50 - $60. Let me rephrase that: you're expected to pay $60 for just 8 hours of entertainment. And then you're expected to pay that again on a regular basis (hence why we have dozens of sequels to most major games - Call of Duty franchise anyone?)
      It's normal that when your product is so expensive but is useful only for a few hours, your customers will try to resell it after they're done with it. See, my girlfriend bought a hammer last month because she had to nail a painting to her wall; she never uses a hammer but she decided to keep it instead of selling it to a friend or neighbor, because she might need a hammer again in a few years.
      So instead of complaining that customers don't want to keep your game very long and quickly resell it, why don't you make games that people want to play for a while? Some suggestions to achieve that:
      - Longer storyline that lasts 50+ hours (like most games in the 90s)
      - Stop holding our hand and penalize getting killed within the game! I played Modern Warfare and when I died, I came back to life right where I had fallen. No wonder I finished the game in a single afternoon! And by the end I hated the game, because while too hard is frustrating, too easy is boring.
      - Add a reason to replay the game. For instance, I recently played a game where after finishing the campaign, I could restart a new campaign with all my earned skills, weapons and upgrades. This also enabled me to access secret areas and do stuff you can't do the first time you play. Just don't over do it - replaying the entire game 10 times just to pick up some development art sucks.
      - Make expansions to the game. Lots of them. For 5+ years. I hate sequels because sequels add content but also remove some of it. Good expansions (i.e. not cheap DLC that add a costume or a new gun but expansions that are almost as big as a full game) are what I look for. In sandbox games, it's also fun to have one huge map in the same game rather than 3 smaller maps spread through 3 games (think of Grand Theft Auto series and what it would have been like if you could play in Liberty City, Vice City and San Andreas all at once, from the same game).
      Just by using expansions, you can make your game last years. You can even price expansions the

    69. Re:Not on the disc by wertigon · · Score: 5, Interesting

      F2P (Free To Play) does NOT equal P2W (Pay To Win).

      League of Legends is doing it right; it's free to play, and everything except skins are obtainable, though paying makes you get those faster. I have no problem with that kind of model and have invested about €100 so far over the course of two years.

      Battlefield Heroes on the other hand, now there's a game that's pure P2W. Sometimes I play it for a few rounds just to see if it has improved; everytime I find it worse than before. It used to be an awesome game. Nowadays, it's all about how much money you can spend on those über weapons... Makes me sad. :(

      --
      systemd is not an init system. It's a GNU replacement.
    70. Re:Not on the disc by sjames · · Score: 1

      Imagine if you buy a car and find out the hood, trunk lid and latch mechanism for the passenger are NOT included in the price but are given to you when you buy but are NON TRANSFERABLE. Meaning your car has zero trade-in/resale value. It cost the same as a comparable car without that weird restriction.

      At the end of the day, it doesn't matter what you call it, the effect is of the game partially self-destructing if you resell it. If you never re-sell or give away old games you won't notice, but if you do, you're getting substantially less value for the same money.

    71. Re:Not on the disc by AmiMoJo · · Score: 4, Insightful

      This "take it or leave it" attitude is part of the problem. Aside from there being a lot of sly deception (does it clearly state on the box that you are buying a license rather than a game, and that it is worth less second hand, and that if you buy second hand you get a cut down version?) companies need to form relationships with their customers, and part of any relationship is a two way dialogue.

      Customers have every right to complain, and in fact in this case it is absolutely vital because if they don't and the game fails to sell it will be blamed on piracy. We need to make it clear that the nasty DRM is what made it fail in the marketplace.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    72. Re:Not on the disc by White+Flame · · Score: 1

      So, I buy this game and want to play again it in N years. Oops, the DLC servers are no longer up!

    73. Re:Not on the disc by jamesh · · Score: 2

      Nailed it. I wish I had your eloquence.

      But that's what it comes down to - if you don't like the terms of purchase of the game, don't buy it, but definitely don't steal it. Just wait until the copyright expires.

      I fully agree that copyright rules are pretty well fscked up right now. Anything over a 2 year copyright term on a video game strikes me as kind of pointless, and 20 or 50 or whatever years it is now is downright stupid. Information should be free, but the creators deserve to make some money off it first, and on their terms, not the public's.

      I think it would be great if there was a 2 year (or maybe 5 year as a compromise) copyright on digital media (movies, games, music, etc). That way the freeloaders can still get their little hands on it eventually, they just need to wait a bit.

    74. Re:Not on the disc by Anonymous Coward · · Score: 0

      So when you buy a used car, you also give money to the manufacturer? It's their right to make money on used sales, right?

    75. Re:Not on the disc by AmiMoJo · · Score: 1

      We have consumer laws that prevent companies ripping people off on stuff they need to live. We don't need entertainment to live but our lives would not be much fun without it, so I think there is a reasonable case for having some protection here. Also they don't clearly state what the deal is on the box (it looks like any other real game) and saying "you can return the opened package if you disagree with the EULA" doesn't really cut it.

      Anyway, I don't see a problem with ranting here, he is doing exactly what he should do. Protest and make his feelings known so that when the game bombs they know exactly why.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    76. Re:Not on the disc by jamesh · · Score: 2

      +1

      For once a content producer has taken things into their own hands to ensure a return on their investment instead of troubling the courts with it, which always ends up sounding like childish whining no matter which side is speaking.

    77. Re:Not on the disc by jamesh · · Score: 1

      And what happens when there is nothing else?

      You mean when nobody buys games anymore and just copies them freely so nothing new gets made? Yes that would be a sad day. For one we'd have to turn off our computers and go outside.

    78. Re:Not on the disc by sjames · · Score: 4, Insightful

      Good or bad the games industry is fed up with used games, and piracy.

      Yeah, and I want a pony.

    79. Re:Not on the disc by Anonymous Coward · · Score: 0

      Because said content should have been on the disc in the first place and/or not locked away This can create a problem for resale.

    80. Re:Not on the disc by MobileTatsu-NJG · · Score: 1

      Meh, If you don't like it, don't buy it. Instead play something else; vote with your wallet. It's not like there's a shortage of games.

      Or you could do something more productive and not buy it, then tell them why you didn't buy it so they have an idea of where their 'lost sales' are really going.

      It's a pity so few people remember what happened with Spore.

      --

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

    81. Re:Not on the disc by Anonymous Coward · · Score: 0

      *giggle*

    82. Re:Not on the disc by aaron552 · · Score: 2

      This analogy is flawed. If you buy the game second-hand, you can still get the content, you just have to pay for it, where the person who bought the game new didn't have to.

      Your analogy would be more like:
      You can buy the car form us and get free air conditioning. If someone else buys the car from you, they have to pay us for that air conditioning unit you got for free.

      --
      I had a sig once. It was lost in the great storm of '09.
    83. Re:Not on the disc by war4peace · · Score: 1

      Well said.

      Your post pretty much sums it up.
      Oh and I love how company staff come and say "Y U NO UNDERSTAND!!!" "WE TRY HELP U!".
      Bullshit.
      When zounds of angry customers tell you you're WRONG, it's chutzpah (http://en.wikipedia.org/wiki/Chutzpah) to come out ant tell them they're all wrong and you're right. It's disgusting.

      --
      ...gis sdrawkcab (usually not responding to ACs; don't bother posting as AC)
    84. Re:Not on the disc by aaron552 · · Score: 4, Interesting

      You can still do this, though. If you intend to resell the game, you create an EA account specifically for the game, and then when you sell the game to someone else, you provide them with the login details as part of the package. Then they get all the DLC you purchased or recieved with the game.

      --
      I had a sig once. It was lost in the great storm of '09.
    85. Re:Not on the disc by sjames · · Score: 1

      Who said anything about stealing (other than you)?

      If you don't make the full nature of the restrictions perfectly clear up front, especially when those restrictions are in some way unusual or in violation of the social contract, there most certainly is room to complain loudly, if for no other reason, to warn others to stay far away from you. There's also the law to consider. Freedom of contract is limited. For example, the kidney part of the deal would certainly be invalidated in most countries. It's entirely possible that the entire contract might be invalidated on the grounds that the buyer couldn't possibly have understood it correctly (so don't spend that cash too quickly).

    86. Re:Not on the disc by symbolset · · Score: 3, Interesting

      OK, we're going to have this talk about RAH and the evolution of his political leanings. The man was complex. He was a huge advocate of the dissociation of social mores of sex and marriage from state regulation. He had homosexual characters in his books in the 1940's, and biracial couples in the 1950's. Group marriage, line marriage, and so forth were social norms in his works. This is not right-wing liberatarianism. This is... something else. Many of his ideas were controversial, but they became so popular during the 60's "free love" movement that unwanted hippies were camped on his lawn.

      But he didn't "descend into right-wing liberatarianism". He started in extreme liberatarianism and moderated his projection of his views to sell books. As they became less political tracts and more entertainment, they moved more units. But his views didn't change - except during a painful divorce - which I personally could forgive him for having been there.

      --
      Help stamp out iliturcy.
    87. Re:Not on the disc by Anonymous Coward · · Score: 0

      So, you get the content for free, if you're the original owner, but you need to buy it, if you're a second-hand owner? That's frustrating, but it's not as bad as it could be.

      It's not free if you pay for it as part of a bundle, and there's never been a sale of the item without the allegedly "free" add-on.
      It is part of the selling price, and what they're doing is artificially reducing the second-hand sales price.

      To put this in a language mister Schiller might understand, just because you "give" a hitter a walk doesn't mean you can claim he got a free run. And if you do it too often, you piss off the paying customers. And right now you're in the bottom of the ninth with loaded bases and a guy named Tony sitting on the hood of your car wondering about the 75 million. Your play.

    88. Re:Not on the disc by aaron552 · · Score: 1

      Except that the game is not "crippled", it just doesn't include the DLC. If you want to resell the DLC with the game, give the EA account details to the purchaser.

      --
      I had a sig once. It was lost in the great storm of '09.
    89. Re:Not on the disc by aaron552 · · Score: 1

      Huh? They're decreasing the value of the game by including something for free with new purchases? How is this any different from preorder DLC? They may be devaluing used games, but they're not the ones selling the used product. If you want to sell the DLC with the game, you're free to do so by selling the EA account with the DLC as well.

      --
      I had a sig once. It was lost in the great storm of '09.
    90. Re:Not on the disc by frinsore · · Score: 4, Insightful

      No it isn't. It isn't a compromise at all.

      How much do games cost in the store? How much did they cost 10 years ago? 20? 30? Games have gotten cheaper when inflation is taken into account. Here: http://arstechnica.com/gaming/news/2010/10/an-inconvenient-truth-game-prices-have-come-down-with-time.ars

      we have decided to offer the base game without any of the optional expansions for a reduced price

      It's believed that consumers take the price of good as a reflection of quality. If you see a game that is $40 on a shelf that's filled with $60 games most people will assume that there is something wrong with that $40. I'm not saying that the American games retail market can't change but I doubt it.

      Selling a dlc expecting game for the price of a full title, selling the dlc for premium prices on top of that, and offering some dlcs as special exclusives is *not* a compromise.

      ...

      Don't shut out second-hand buyers. Offer them the missing content for a reasonable fee. This way you stand to monetize the 2nd and 3rd hand sales.

      I don't know what game you're complaining about but it isn't Amular. If you buy Amular new then you also receive a code to buy the dlc for free. If you buy Amular used and if it doesn't come with an unused code then you can purchase the dlc like normal. You seem to be arguing that the companies should be doing exactly what they are doing.

    91. Re:Not on the disc by aaron552 · · Score: 1

      Nothing's stopping you from selling the EA account with the DLC with the game, is it?

      --
      I had a sig once. It was lost in the great storm of '09.
    92. Re:Not on the disc by aaron552 · · Score: 1

      If I am going to have to go online (to download half the game)

      This is exactly the same as buying the game new in 6 months when 12 DLC packs have been released, no? Or are you complaining about DLC in general?

      --
      I had a sig once. It was lost in the great storm of '09.
    93. Re:Not on the disc by Anonymous Coward · · Score: 0

      Great idea. Lets do it with old computers too, and game systems, and fridges and toasters. I really like the idea that companies can make double, triple or more from multiple sales of one product. Now thats a free market economy working for everyone.

    94. Re:Not on the disc by aaron552 · · Score: 3, Interesting

      I'm pretty sure there's nothing stopping you from selling the EA account with the DLC along with the game.

      --
      I had a sig once. It was lost in the great storm of '09.
    95. Re:Not on the disc by Anonymous Coward · · Score: 0

      You can't multiply coffee tables without investing 90+% of the production price of the original one.
      You can multiply a software product almost for free.

      Your argument is moot.

      Non sequitur.

      Books, DVDs and CDs aren't priced based on the production cost, and you're still entitled to re-sell them and lend them to others.

      If we allow the first sale doctrine to be ignored for games, how long do you think it will be before the greedopolists in the movie industry, recording industry and publishing houses will want the same "rights" as this fucker got away with?

    96. Re:Not on the disc by aaron552 · · Score: 1

      This is a legitimate concern, but it applies to all online DRM and DLC, not just day-one DLC or "online passes"

      --
      I had a sig once. It was lost in the great storm of '09.
    97. Re:Not on the disc by Anonymous Coward · · Score: 0

      >these days, F2P games are becoming increasingly plentiful, like the excellent World of Tanks

      You have got to be ****ing me. F2P games are designed to milk more money out of players than Schilling can even dream of. Instead of not being able to access part of the single player content, the whole damn game content is non-transferrable in a F2P game; you can't resell your account.

    98. Re:Not on the disc by symbolset · · Score: 2

      I have on my shelf every word he ever wrote that was published - some 300 volumes, occupying some 14 shelf feet of space including Boy's Life. I have the recordings of him narrating Apollo 11. I have his nonfiction works. Of course I've read them all a dozen times at least.

      So the question becomes whether I've understood them, because of course I've read them. You got me. I'm by definition not a good judge of that.

      --
      Help stamp out iliturcy.
    99. Re:Not on the disc by Anonymous Coward · · Score: 0

      vote with your wallet.

      That is using the tyranny of dumb masses to drown out few dissent voices. Voting with your wallet does not work when this fuckery is convoluted and obscured enough for masses to not understand nor care about.

      It's not security by obscurity, it's Bullshitting by Obscurity, and as long as the bullshit is confusing, it works for the masses. That's good enough to make it profitable despite few dissents. If some whiner's point seems to get too popular, pay/sue him off and all is good again. Large masses of stupid and ignorant people are the best customers. Better keep'em that way.

    100. Re:Not on the disc by aaron552 · · Score: 1

      You could also create unique EA Origin accounts for each game you intend to resell and sell the account with the game, thereby passing on ownership of the DLC.

      --
      I had a sig once. It was lost in the great storm of '09.
    101. Re:Not on the disc by Maxo-Texas · · Score: 3, Insightful

      I agree they are being jerks.

      But if you invest $10,000,000 to make the first coffee table, then you are going to want to make at least $10,000,000 back.

      And if you invested $30,000,000 in three other failures, then you are going to price this game to make $40,000,000 or go bankrupt.

      That investment is people's salaries, rent on the buildings, power bills, computer and desks.

      Once you get past that base cost, sure, the extra copies are "free".

      I think the publishers are cheating, swindling, weasels who want us to pay 5 times for the exact same content. And we have a right to scream and shout about it and try to convince people not to buy the products.

      But try to be realistic about the real costs to make these games.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    102. Re:Not on the disc by cheekyjohnson · · Score: 3, Insightful

      but definitely don't steal it.

      What about downloading it?

      --
      Filthy, filthy copyrapists!
    103. Re:Not on the disc by wierd_w · · Score: 1

      1) personally, I don't consider quality to be fixed to price. That kind of thinking is how cheap plastic crap gets sold for absurdly high prices. (Like apple computers... a comparatively low end x86 system with a flashy bios, a tpm, and a custom os, is still a comparatively low end x86 with a flashy bios, a tpm, and a custom os. The fact that it costs 1000$ more than a comparable non-apple offering does not magically make the apple computer be of higher quality.)

      The fact that everyone is pricing in the same bracket is merely market inertia. Several experiments with alternative pricing have had spectacular results in sales. The real utility in enforcing a status quo price structure like this is that you can turn out filth, market it really good, and reap a tidy profit. (The money you spent on marketing and development of the lacklustre title is easily remitted by the volume of hype driven sales at the de-facto collusion maintained price.)

      This is how ea games stays the fuck in business, despite being a terrible company. I do not support this model.

      2) the issue here is that they did not give both flavored offerings\they misled customers. When you pay 60$ for a title, expecting to play the living shit out of it and beat it in under a month, then turn around and sell it to a used game store, you expect that you will be able to leverage the full value of what you purchased. Saying the dlc is "free", when in fact it is actually a seperate product in the box with an aggregate price, is being purposefully misleading.

      Further, since used game sellers set their prices to the maximum the market will bear, their retail price of the used item is tied proportionally to the first hand sale price. Aggregating the price like that devalues the actually resalable product, while simultaneously inflating the second hand sales price. This is outright dickish.

      What they should do is offer both products on the shelf, with very clear and concise labeling. They should offer the more expensive of the two with a little price warfare candy: price the combined unit price 2 to 5% cheaper than buying seperate. Make a point of this on the packaging, so that there is no disconnect with the buyer.

      This way second hand game merchants cannot charge the premium price, shoppers that don't want to pay 60$ can buy on the installment plan for a little more overall, and ardent second hand buyers can get a little more satisfaction from their purchase.

      This is not what this game company is doing. (And yes, I know I moved the goalpost a little.)

    104. Re:Not on the disc by Mitreya · · Score: 1
      Meh, If you don't like it, don't buy it. Instead play something else; vote with your wallet. It's not like there's a shortage of games.

      Had to reply to this one...
      How big are the red letters on the retail box explaining the situation to buyers? Or do you think that I should be doing research to verify that the game I buy is not going to turn crippled at resale time? Games can't be returned either. Combined with absence of game demos (relatively rare nowdays), all this is affecting my full capacity to vote with my wallet.

    105. Re:Not on the disc by rebelwarlock · · Score: 1

      Just want to point out that you actually can get the DLC without buying a new copy of the game. Mr. 38 himself said it would be purchasable for $10 online.

    106. Re:Not on the disc by Anonymous Coward · · Score: 0

      zomgbbq +1 insightful!

      Region coding always struck me as being a blatant attemp to artificially inflate prices by reducing grey imports. With the exception of time limited online games, we need a law requiring that owners of locked-in content can have their content removed, and activation code deactivated, in order that the software can be resold. Why can't I ask for my WoW account to be removed, and my codes used to create a fresh account? It's because first sale doctrine is anathema to them. I don't mind unobtrusive Internet based activation for games.

    107. Re:Not on the disc by wierd_w · · Score: 1

      That's fantastic!

      The question I have though, is why don't they also offer the non-cupon version for 50$, given that the dlc costs 10$?

    108. Re:Not on the disc by VAElynx · · Score: 4, Insightful

      Yep. And there's a difference between a new business model that attempts to bypass fair use policies and alienate their own userbase ,and one that doesn't, much like there's a difference between a new position from kamasutra and unpleasant things involving ass and a broom handle.
      In other words, i'm not saying we won't be seeing such attempts, but that they are flat out wrong, and I don't feel like letting myself be ripped off.

    109. Re:Not on the disc by cheekyjohnson · · Score: 1

      I'd say the fault lies with both of them.

      The consumer for buying it, and the producer for implementing this garbage. I don't believe you can say, "But they just wanted money!" to justify anything.

      --
      Filthy, filthy copyrapists!
    110. Re:Not on the disc by cheekyjohnson · · Score: 1

      But if you buy from them, then you'll have less money to give to someone else!

      That's clearly a lost sale. You little thief!

      --
      Filthy, filthy copyrapists!
    111. Re:Not on the disc by Maxo-Texas · · Score: 4, Insightful

      Ah.. so when you resell the car, the trunk should lock, the A/C should stop working, and the gas mileage should drop from 27mpg to 21mpg.

      We want to keep the "premium" car experience to first purchasers.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    112. Re:Not on the disc by Anonymous Coward · · Score: 0

      "The outcome is all the matters"
      A construction company provides poor safety measures for its workers, using defective and dangerous materials without telling its workers or getting their consent. A man gets killed. He happened to be a serial killer. The outcome is lives are saved by the gross negligence. 'The outcome is all that matters', so the business therefor did a good thing by ignoring its workers safety.

      "Yes that is wrong, because I as a customer have no desire to pay the same or higher price for a reduced value."
      As a customer I have no desire to pay any money for any service I consume. Because a thing is wrong as a function of customer desire(presumably anyone's, not just yours, which would be even more silly) this means that every action of trading goods and services is wrong.

    113. Re:Not on the disc by Anonymous Coward · · Score: 2, Insightful

      I just love how people like you defend this crap. I'm not 'signing a fucking contract' when I buy a game, I'm buying a product and I really fail to see how the two are even remotely similar.

      Unless you're being paid by a company who is doing this, I don't see how in the hell you can defend such actions. This isn't capitalism at all. This is greedy company trying to milk your wallet by making up bullshit rules about how to use their products after the transfer of ownership.

      We'll yell and scream all we want. Maybe this company won't change their practices, but maybe a company or two out there will hear it and it will stop them from changing theirs. And maybe some gamers out there will hear it and choose not to buy products that do this sort of thing.

    114. Re:Not on the disc by Anonymous Coward · · Score: 1

      I don't care what they want to put in their EULAs. If it's unlawful, then the contract is automatically invalid, whether I accept it or not. First-sale doctrine supersedes their fine print.

    115. Re:Not on the disc by rebelwarlock · · Score: 1

      No clue in that regard. Actually, I'm no fan of the day 1 DLC concept in general. Look at what Dragon Age did in their various releases if you want to see what I think DLCs should be like. With the exception of their screw up on the first one (with the clown who stands by your camp and begs you for real money to go do his quest line), they generally provided good content that kept people playing. Let's say you're no longer interested in DA anymore, perhaps because DA2 came out. You sell it used, and the publisher still has the possibility of making money off of the DLCs, which are actual additional content that did not exist in the original game.

    116. Re:Not on the disc by the_B0fh · · Score: 1

      You haven't really spec'ed out new machines comparable to Apple's specs when it first comes out, have you? Look at the whole ultrabook market - idiots would compare a macbook air to a netbook, but now that Intel embraced it, look at how much a non-Apple ultra book costs.

    117. Re:Not on the disc by Seumas · · Score: 1

      My main concerns would be:

      1) Is the content really and truly _additional_ or is it yoinked from the single player campaign in such a way that it's necessary to really have it for the experience?

      2) What happens when you want to let someone else play it? I have enough of a problem short-circuiting the used market -- which is an entirely fair market to be allowed to exist like it does with every other product -- but preventing people from letting a spouse or another sibling or roommate play without putting up another $10 or $20 would seriously anger me, as a player.

      Of course, this is all going to be irrelevant once we move to digital. If you have two kids in your household, you're going to have to buy two games. If you and your spouse both want to play a game, you're going to have to buy two of them. You know, kind of the way you have to buy four copies of the Monopoly board game at the store, if you want to play that with three other players....

    118. Re:Not on the disc by Seumas · · Score: 1

      Yes. Take it and like it or shut the hell up. Who do you think you are voicing your opinion to a business? A customer or potential customer? How dare you guys!

    119. Re:Not on the disc by JohnnyMindcrime · · Score: 1

      So don't buy the game then.

      DRM and protected content happens because marketing types have worked out that the producers will get more revenue by implementing it - period.

      They do not care about the effect on honest customers because they already have their money in the bank, and if you go off and pirate stuff then you create the justification they need to implement even worse DRM.

      I enjoy gaming like everyone else, I have done for years, but NO game will ever have me queuing like a mindless zombie to buy it and, if it's too expensive on release day then I'm happy to wait for 6 months when I can pick it up cheaper. If it's too difficult for me to use or play because of DRM then, tough, I won't buy it.

      Mindless drones that treat a computer game like it is the most important thing in their life that they will curl up and die without are the people that make it BAD for you and everyone else - who was it said "a fool and his money are easily parted".

      People need to get lives, stop being so materialistic and realise there are more important things in life. Computer gaming is great fun, I've done it for more than a quarter of a century and don't plan on stopping any time soon - but I'm also a consumer that expects to be a valued customer who is treated fairly, that's why these days I tend to play (and always pay for) indie games, where DRM usually isn't an issue.

      --
      Windows 10 is great - I used it to download Linux.
    120. Re:Not on the disc by Seumas · · Score: 1

      Also, I'm still having a hard time quite understanding how this is any different than the extra content you got if you bought Mass Effect 2, LA Noire or any other number of games in the last two or three years that come with a redeemable pass so that you get one or more pieces of DLC as part of the purchase that wouldn't be part of the resale?

      If it's taking out actual parts of the game, then that is fucked. If it's just DLC that they said "hey, if you bought it brand new, here's a code so you get that first DLC for free" then, well, I don't like it, but it's nothing new at all.

    121. Re:Not on the disc by Lonewolf666 · · Score: 1

      There are some indie games whose developers don't bother with DRM. Also, I found that bargain bin games (think 3-5 year old games, some of them considered AAA games when they were new) sometimes come without the copy protection of the original version.
      So there are ways around the problem (but it might take some of your limited free time to find the right games ;-)

      --
      C - the footgun of programming languages
    122. Re:Not on the disc by L4t3r4lu5 · · Score: 1

      So don't buy it. Seriously, just don't buy it. When enough people are as irritated as you are by these shenanigans, they'll stop buying it too, and companies will go bust.

      Just stop buying.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    123. Re:Not on the disc by NickFortune · · Score: 4, Insightful

      How is it wrong to raise the price?

      Well, I suppose that depends on how you go about increasing the prices.

      I mean, if all Shilling wanted was to raise the price he could have simply, you know, charged more money for the product and then we'd not be having this silly conversation.

      --
      Don't let THEM immanentize the Eschaton!
    124. Re:Not on the disc by war4peace · · Score: 0

      Don't worry, I am realistic.
      I was just pointing out that comparing coffee tables with computer games is not really working out. You can't really compare a product that can't be multiplied for almost no cost with one that can be multiplied by 1 billion for almost nothing.

      I like arguments going back and forth, pro- and against piracy, pro- and against questionable game companies methods, but let's compare what we can compare.

      As for my personal opinion, companies which resort to customer-screwing methods to inflate their income deserve to be screwed back. Tenfold.

      --
      ...gis sdrawkcab (usually not responding to ACs; don't bother posting as AC)
    125. Re:Not on the disc by war4peace · · Score: 1

      Um, dude... we're on the same page here.
      Care to re-read my post? :)

      --
      ...gis sdrawkcab (usually not responding to ACs; don't bother posting as AC)
    126. Re:Not on the disc by Anonymous Coward · · Score: 1

      Rectal pineapple insertion is, by it's nature, difficult to work in.

    127. Re:Not on the disc by Avoiderman · · Score: 1

      Surely the capitalist would say: If it is far too expensive, buy ten.

    128. Re:Not on the disc by aaron552 · · Score: 1

      Did you even read what you replied to?

      --
      I had a sig once. It was lost in the great storm of '09.
    129. Re:Not on the disc by TFAFalcon · · Score: 1

      Not really. With cash (gold) you can only buy tanks that you CAN'T get with regular credits. But at the same time, having a lot of gold won't enable you to buy your way to the top tier.
      You'll still have to grind your way there, it will just be easier since you'll be getting better rewards from your battles.

    130. Re:Not on the disc by Attila+Dimedici · · Score: 1

      There is nothing wrong with this approach. Except that the game publishers should stop pretending that they are selling me the game. If they sold me the game, I would be able to sell the game to someone else. What the game publishers are selling is a "lifetime" subscription to the game (lifetime is in quotes because there is probably a limited, if any, ability to transfer the game to another device).

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    131. Re:Not on the disc by nosferatu1001 · · Score: 1

      You devalue the used product, which reduces the perceived value of the new game to you - if you know you could normally recieve 50% of the purchase price back and can now, through DLC, only receive 40%, the game HAS increased in price (decreased in value) from your perspective.

      Do this enough and people stop buying it new as it "costs" too much, even if the retail price hasnt altered

    132. Re:Not on the disc by sjames · · Score: 1

      Oh, is that all. So I can sell my whole collection or nothing? That's a fine enough answer if you want to give up gaming in disgust I suppose.

    133. Re:Not on the disc by TFAFalcon · · Score: 4, Insightful

      When was the last time you had to agree to 'terms' when purchasing your game? You don't get to learn about them until you get home and open the box, or even until you finish installing it.

      Why should those terms be enforced? Why should their violation be considered copyright infringement? You bought a copy, now you should be able to do with it whatever you want. Including reselling it.

    134. Re:Not on the disc by PSVMOrnot · · Score: 5, Insightful

      "And what happens when there is nothing else?"

      Games are toys. There will always be toys. Crave something different.

      Today it is games and toys. Tomorrow, it will be tools and necessities. We fight this battle over baubles in the hopes that we will not have to fight over the things that really matter.

    135. Re:Not on the disc by kainosnous · · Score: 5, Informative

      ... and none of it goes to the original developer!

      And why should it? The developer was paid from the initial sale. Part of the value of the product for the initial buyer was the fact that it was his to now keep or sell. Wen you buy something, it's yours, and you have to right to use it, sell it, or throw it away if you want.

      How many other industries let you sell something, and then still keep all rights to it? When a car company sells you a car, they don't demand that every time you sell that car, they get a portion of the sale. If you buy fries at McDonalds, your friend doesn't have to pay McDonalds a fee if you give them one of your fries. Suppose that I went out and built a radio and sold it to somebody. You would think I was crazy if I demanded that each time it was sold or given a way, I should get some of the profit. You would think me insane if I pushed laws demanding that you never take it apart or use its parts for other things. And yet, that is exactly what you propose for games. It's interesting to see how you and others like you have been conditioned to express shock and resentment when it's legal for people to do the same things with media that they do with any other legal product.

      Also, it's been a while since I've bought any games, but I find it unlikely that somebody would pay 90% of the new product price when they could get the new, out of the box version for only 10% more. Of course, if they would, that only goes to further show how much resentment people are feeling for the manufacturers.

      --
      There are 10 commandments: 01)Thou shalt love the Lord Thy God 10)Thou shalt love thy neighbour as thyself.Matt22:34-40
    136. Re:Not on the disc by Anonymous Coward · · Score: 5, Insightful

      A couple of things you're missing here:
      1/ Their 'contracts', EULAs, whatever are not sacrosanct, they are subject to various laws and quite likely violate consumer laws in many countries; they rely on having more lawyer money than you to counteract this. This *should not* be a viable business model - to break the law and get away with it because of how much money you have. If they don't want to do business under certain countries' consumer laws they should just not sell their products in those countries, but they want it both ways.

      2/ They treat the transaction as a simple sale when it suits them and a license when it doesn't. If they are effectively tying you to a onerous and difficult to understand contract which limits your rights such as return, resale, reinstallation etc. in various ways, this should be made clear at the point of sale - there should be a license/contract document for you to sign saying you understand these provisions and agree to them (subject to consumer and contract law). Why don't they do this? Because they want to falsely make out that it *is* a simple sale. This is fraudulent and should be stopped - and hopefully will be stopped when someone makes an appropriate legal challenge in a country with sane consumer laws.

    137. Re:Not on the disc by Totenglocke · · Score: 4, Insightful

      So he's not just some random executive, he's a gamer at heart.

      A gamer who wants to badly fuck other gamers over to make an easy buck. It's utterly absurd that he thinks he has a right to perpetual profits after the original point of sale for a particular copy of a game.

      --
      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
    138. Re:Not on the disc by Totenglocke · · Score: 4, Insightful

      That means the entire experience is going to require you be authenticated with their service, constantly, and some of the core content will only exist on that service. In other words it's going to look at lot more like Steam, and a lot less like the 1980's.

      And that means that there will be a lot more piracy or people who just stop buying from the major game studios until they quit being greedy little shits who think they can violate the doctrine of first sale to make perpetual profits off of one copy of a game.

      --
      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
    139. Re:Not on the disc by Totenglocke · · Score: 0

      No, they can't, because it's ILLEGAL. Do you not understand the doctrine of first sale? The problem is that gamers on an individual level don't have the money for a lawsuit - but if people organized a class action lawsuit over the internet, we could get the government to bitchslap them so hard that they'd almost be having to pay us every time we play a game.

      --
      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
    140. Re:Not on the disc by Totenglocke · · Score: 5, Insightful

      Just wait until the copyright expires.

      That's great, so roughly 45 years after my unborn grandchildren die of old age, the copyright will finally expire.

      but definitely don't steal it.

      First off, you cannot steal something if they still have the item. Secondly, by their own words, buying used = pirating, so why not? The greedy fucks view it the same, so why pay any money to Gamestop for it then?

      --
      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
    141. Re:Not on the disc by Thiez · · Score: 1

      You keep saying that a lot in this thread, but no, you are not 'free to do so'. From EA's terms of service:
      - Unless expressly authorized by EA, you may not sell, buy, trade or otherwise transfer your Account or any personal access to EA Services, Content or Entitlements, including by use of auction websites.

    142. Re:Not on the disc by delinear · · Score: 2

      That's all well and good - the problem comes when they box it to look like a regular buy-to-own physical product and sell it alongside such products without making it abundantly clear to the customer that what they're buying is a very different beast. I can't create a smartphone and call it an iPhone and sell it alongside real iPhones and use the argument "it's my phone, if you don't like it don't buy it". There are very strict rules in place to avoid customer confusion, yet people (aside from a few well informed people who follow these topics online) are clearly going to just buy this as they would buy any other game without realising the restriction on their right to resale. I'm all for game studios playing around with the payment format to find the one that works but they need to be more than transparent, they need to make a concerted effort to inform customers what they're getting that's different - that way they don't skew the market by hiding in a herd of real physical products (since, if sufficient number of informed customers decided they didn't want to lease when they could buy that would affect the price, and that's what they're hoping to avoid - they want to keep the high price but remove the option for resale, when they always claimed resale was one of the reasons for the high price).

    143. Re:Not on the disc by psiclops · · Score: 5, Insightful

      i think your inventing a point about something that has nothing to do with piracy .

      if i'm a developer and want to sell a game for $42.00 - $48.00 to a game store and they want to buy it and we can come to an agreement then that should be okay. what happens to the game after is none of my business. the store now owns this copy of the game.

      If the store wants to sell it to customer a for $59.00 and customer a agrees with this then that should be okay to. what happens from here on out is no-one's business other than customer a. customer a owns the copy now.

      if customer a now wants to sell it back to the store for $5 and the store wants to buy it for that price. then no one is doing anything wrong and no one other than customer a and the store are involved in the transaction.

      if then the store wishes to sell it to customer b for $54.95 and customer b accepts then go for it. the copy of the game is now customer b's.

      if you can give me a single valid reason why any of these transactions are immoral or advise where the developer should get more money then i shall concede that something should be done to hinder the used game market.

      resale of goods occurs in every other market, and no one has a problem with it. i don't understand why developers believe they should have some extra right to stop resale of their goods. nor do i understand why they get away with planned obsolescence in their products(which many of the schemes to combat the used game market are). planned obsolescence is a breach of consumer rights in at least the UK.

      --
      i spent five minutes thinking and all i got was this crappy sig
    144. Re:Not on the disc by TFAFalcon · · Score: 1

      Why not turn to your friendly neighborhood swashbucklers? I'm sure they've already figured out a way to transfer the DLC without also needing to sell the EA account.

    145. Re:Not on the disc by delinear · · Score: 5, Insightful

      When my local Game store has a section for "PC games" and a section for "PC non-transferable licenses to temporarily play games at the rightsholders' sufferance" your argument will be more valid. In the meantime the vast majority of customers aren't going to be sufficiently aware of the issues until it's too late.

    146. Re:Not on the disc by psiclops · · Score: 3, Informative

      don't steal it. Just wait until the copyright expires.

      there won't be enough seeders then.

      --
      i spent five minutes thinking and all i got was this crappy sig
    147. Re:Not on the disc by SacredNaCl · · Score: 4, Interesting

      This "take it or leave it" attitude is part of the problem. Aside from there being a lot of sly deception (does it clearly state on the box that you are buying a license rather than a game, and that it is worth less second hand, and that if you buy second hand you get a cut down version?) companies need to form relationships with their customers, and part of any relationship is a two way dialogue.

      Customers have every right to complain, and in fact in this case it is absolutely vital because if they don't and the game fails to sell it will be blamed on piracy. We need to make it clear that the nasty DRM is what made it fail in the marketplace.

      After a horrible delivery fiasco, I was forced recently to buy a textbook via an adobe DRM type encryption method. I will never do it again. What I expected was something closer to a PDF file. What I actually got was a broken PDF-like document, only viewable in a horrible viewer with the lack of a decent zoom feature, the inability to *print* pages that I need (it will let you print some of them, but not others, and it doesn't tell you before you try it), an incomplete product (compared to the physical book) filled with broken links to the publishers website, and a 2 hour headache finding the links to the prior version of the book to make it work in a cumbersome wrapper. I'm annoyed enough that I'm trying to get a refund on it, and may push it as far as going for a charge back from my credit card company under the defective goods clause. If anyone from Bedford/St Martins is reading this: You need to step up, and deliver what you promise.

      If people are having DRM experiences with games anything close to what I just had with a DRM protected textbook -- they indeed have every right to complaint, and need to do it loudly.

      --
      Freedom is merely privilege extended unless enjoyed by one and all.
    148. Re:Not on the disc by Anonymous Coward · · Score: 0

      This is just ignoring the problem. This walled garden horseshit is becoming more and more prevalent, and I for one am not convinced that ignoring it and "voting with our wallets" is the correct longterm response. See: ostrich with head in sand.

    149. Re:Not on the disc by Ihmhi · · Score: 5, Insightful

      I'd just say it's about them double-dipping and trying to work around the first-sale doctrine.

      Once a game is bought new, the creator shouldn't be able to say shit about how it's used. Licenses and CD-keys should be 100% transferable.

    150. Re:Not on the disc by squiggleslash · · Score: 1

      I dunno. In the 1980s games costed somewhere between $2 and $10, per tape.

      I'd be happy with a market that looks like Steam quite honestly. When I go to Gamestop, a typical used game costs more than the equivalent game on Steam, usually much more. I know people are wedded to the whole "I want to be able to resell it" thing, but sometimes the means don't generate the ends.

      --
      You are not alone. This is not normal. None of this is normal.
    151. Re:Not on the disc by varcher · · Score: 3, Insightful

      Actually its their game and their contract and they can have it both ways and another four ways too if they want.

      Yes. Until one of the contract clauses specifies something that is illegal, in which case that contractual clause is null and void - it doesn't exists, and you can ignore it.

      Every content industry, gaming included, hates the first sale doctrine. Actually, every industry hates the first sale doctrine. If the car industry could prevent the sale of used cars, and force you to buy exclusively new cars, they would probably pop the cork, and the cheers would be heard all around the world. But they haven't found a way to go around the first sale doctrine.

      (no internet discussion is complete without a car analogy)

      A company could try to do so. They'll sell you the car, but only lease you the right to turn on the engine. So you can sell the car, but then, the new buyer would have to get a new engine (or rather the license for an engine). Of course, you wouldn't pay the same amount for this car. And it's clearly a way to get around the first sale doctrine.

      The analogy goes even better: if you don't like that car idea, you can go and buy a different car under better terms (it's a different car, since the car manufacturer has a monopoly on its brand).

      So why don't the car industry do that? Because if they did, the blatant attempt at weaseling out of the first sale doctrine would be obvious enough, and they'd get crucified. So it's telling that the content industries think they can get away with it, and indeed, they succeed in doing that.

    152. Re:Not on the disc by Mabhatter · · Score: 2

      I thought it was more difficult to work out?

    153. Re:Not on the disc by Anonymous Coward · · Score: 0

      The automobile industry does have this. It's called "gasoline".

    154. Re:Not on the disc by chrismcb · · Score: 1

      >

      There's nothing wrong with making a profit, but don't complain to congress if you find that your scheme isn't viable in a free market. You'll lose money in your attempt to re-write the social contract.

      The FREE in free market doesn't mean "steal" the software. While I don't quite agree with what Curt said, I also disagree with the sentiment of I think the price is too high so "I will download pirated copies" If you don't like the price then "go without." But don't steal.

    155. Re:Not on the disc by Lonewolf666 · · Score: 1

      Guess what?
      For reasons like that, I increasingly tend to buy older games, like two to five years after release. By that time, there is usually a "gold edition" with all the extras and patches included. Often cheaply from the bargain bin and without annoying DRM.
      And it's not like I'd miss much that way: Graphics were already pretty good in the mid-2000s, and gameplay has not improved at all (on average).

      --
      C - the footgun of programming languages
    156. Re:Not on the disc by Anonymous Coward · · Score: 0

      Failures are not the fault of the customer. Tough shit on the company for making a dud. Games are no different from any other product. If games are losing them money, they need to address how they make them.

    157. Re:Not on the disc by dragonhunter21 · · Score: 1

      Then there's games like ARMA2 Free which gives you basically a free version of ARMA2 with lower quality textures. Then there's TF2, which allows you to play the game normally and get drops as normal.

      --
      Sent from my CR-48
    158. Re:Not on the disc by Anonymous Coward · · Score: 0

      It's a pity so few people remember what happened with Spore.

      What Spore?

    159. Re:Not on the disc by Anonymous Coward · · Score: 0

      If you intend to resell the game, you create an EA account specifically for the game, and then when you sell the game to someone else, you provide them with the login details as part of the package.

      Sorry, no, that's against the EA/Origin EULA.
      You might as well recommend downloading a cracked copy and giving that with the package when you sell it - breaking one EULA is as good as breaking another.

    160. Re:Not on the disc by Anonymous Coward · · Score: 0

      Sure, businesses could do that, but if a business tried to do that in the real world, they wouldn't get many sales, would they? I truly believe that the only way that game companies sell ANY games at all is that gamers widely regard the terms of EULAs as unlawful or unenforcable, or that they simply don't understand the terms without a lawyer explaining them, and so just ignore it. What is happening here is that now companies are trying to actively enforce provisions which have been in EULAs forever, bringing it to the attention of those who didn't understand it, and raising the ire of those who ignored it. It'll be interesting to see how it plays out.

      As far as the real world goes, if a contract such as these EULAs contains language you dislike, you get to negotiate a new contract without that language. You also won't find too many contracts in the real world which try to make provisions which trump existing laws. And the idea that you somehow 'agree' with the contract simply by reading it, or opening a package, without the right of reply? Come on.

    161. Re:Not on the disc by willsmith82 · · Score: 1

      I know the mayor of Boston. :)

    162. Re:Not on the disc by JoeMerchant · · Score: 1

      Yes that is wrong, because I as a customer have no desire to pay the same or higher price for a reduced value. I will download pirated copies or go without before I willfully entrap myself in this DRM/license pay-per-use dystopia being advanced by IP Rights Holders.

      Do what I did to the recording industry, I dropped my annual music purchasing outlay from ~$500 in 1990 to ~$25 today. In part, because I already have a big library of owned content, but also in large part because I found the DRM'ed products offensive, the non-DRM'ed products overpriced, and the general quality of the content no more appealing than what I already owned.

    163. Re:Not on the disc by JoeMerchant · · Score: 1

      The business model mentioned in the article above is just heavy duty assholery attempting to bypass existing laws and screw customers over.

      Easy answer: don't buy it. Though, I would appreciate some legislation regarding labeling of single use content sold at retail in a package that somebody's mom thinks is just like that awesome thing they spent all last summer playing and trading among their friends...

    164. Re:Not on the disc by Anonymous Coward · · Score: 0

      "But if you invest $10,000,000 to make the first coffee table, then you are going to want to make at least $10,000,000 back."

      Then they better make a DAMNED fine coffee table so that people are going to want to buy it.

      "And if you invested $30,000,000 in three other failures, then you are going to price this game to make $40,000,000 or go bankrupt."

      That's not our problem. Business is a risk. If you suck at it and fail, that's YOUR fault and it's not the customer's obligation to help you dig yourself out of the hole you dug. You want to make that 30 million back, then you better make sure your future products have all learned from those mistakes, and each of them are making a profit to help you recover.

      "That investment is people's salaries, rent on the buildings, power bills, computer and desks."

      Again, not our responsibility. Manage your finances properly, and make sure you're doing your job right the first time to hopefully avoid that. You make a failure, then your investment is blown. That is business.

    165. Re:Not on the disc by cynyr · · Score: 1

      Because games don't have a terms and conditions of service on the outside of the box and tend to be non-returnable after they are opened.

      Does the box state that this a single seat non transferable license, in a legible type size and color? Anything les will me the game is assumed to have industry standard terms; a single seat transferable license.

      Personally I don't have an issue with them doing this, just an issue with it not being clear at time of purchase. Meaning I am unable to make an informed decision about the value of the product.

      Car analogy time. You have to buy new cars with the shrink wrap still on, they will be delivered to your house on a truck. You order a new car and it shows up. You discover that in order to start the car it requires a retina scan. Now when you try to let your wife, friend, co-worker, etc drive the car you find out that it will only start with you in the seat and stops running once the door is opened you you get up off the seat.

      --
      All of the above was encrypted with a Quad ROT-13 method. Unauthorized decryption is in violation of the DMCA.
    166. Re:Not on the disc by Anonymous Coward · · Score: 3, Insightful

      General Motors doesn't get a dime of the sale when I buy a used car either. Why should software companies feel they are more entitled to resale $ than any other company in the world?

    167. Re:Not on the disc by coinreturn · · Score: 1

      The automobile industry does have this. It's called "gasoline".

      Dumb answer. That would only apply if you had to buy Ford brand gasoline for your Explorer.

    168. Re:Not on the disc by InvisiBill · · Score: 1

      Ok, when you buy the car, it's trunkless, without A/C, and 21mpg. Being the first owner, you get an upgrade to a trunk, A/C, and 27mpg. But when you sell it, you can only sell the original base version of it.

      What a lot of people are getting at is the idea that if it's trunkless, A/C-less, and 21mpg when you sell it, it's worth less than some other car with a trunk, A/C, and 27mpg all the time. Regardless of your experience as the owner of the car, the next guy is getting less than he would've gotten with a "standard" car instead of this "limited premium experience" one. Since it has a lower resale value, the free market dictates that the original product should have a lower price.

      I'm all for game companies trying out new business models. If they can sell a slideshow for $60 and then get people to pay $100 for "DLC" to actually turn the slideshow into a game, more power to 'em! However, I also think that they shouldn't be surprised when their nearly-worthless $60 game doesn't sell so well. They can charge whatever they want for their products, they just need to realize that their actions intended to increase profits (by limiting used game sales, etc.) may end up hurting their profits in the end (by reducing the value of the original product); the most basic example of this would be thinking that they can increase their profits to ridiculous levels simply by raising their prices to ridiculous levels. Even if it's possible to create a separate account for each game and transfer the full game experience upon sale, that's still an inconvenience that may (for some or all consumers) slightly lower the value of the product. You're more than welcome to attempt to make money any legal way possible, but you're not guaranteed to actually be profitable.

    169. Re:Not on the disc by rtb61 · · Score: 1

      Dip stick. If I want I can sell my steam account. You can readily transfer steam from one computer to another, sell the username and password do the confirmation email and your done, the then new users changes the confirmation password.

      So piss off if you think you have the right to own something after you have sold it.

      --
      Chaos - everything, everywhere, everywhen
    170. Re:Not on the disc by Anonymous Coward · · Score: 1

      it is pointless for customers to complain. it's in their right, but it's utterly pointless.

      take it or leave it is actually a good point on a free market (TM):

      unless people start voting with their wallet, nothing will change.
      now, if the customers stand up in arms and avoid purchasing it until the restriction is removed, that's good.

      if the game goes live and sell above and beyond the initial prevision, no complaint in this world will make EA change their mind.

      now, given that Assassin creed II that was ostracized for it's own drm sold over 9 million copies, I feel that complaining customers need to be checked for Stockholm's

    171. Re:Not on the disc by Tsingi · · Score: 1

      I, for one, found your specific use of language inspirational and appropriate.

      Wahahaha!
      Me too.

    172. Re:Not on the disc by Anonymous Coward · · Score: 1

      That's the whole point of resale and pirating(not saying they're the same), the prices are lower.

      Economically, there is no difference between not buying and pirating. From a statistical standpoint, someone who pirates is much more likely to purchase than someone who doesn't purchase.

      There is not ethical/moral or economic reason to stop "general" pirating. I don't encourage pirating and I am completely against "commercial" pirating, but general pirating is fine to me. Not that I pirate. Steam has kept me from pirating for a long time now. Decent games for fair prices with non-obtrusive DRM.

    173. Re:Not on the disc by geminidomino · · Score: 4, Insightful

      i think your inventing a point about something that has nothing to do with piracy .

      He's not inventing it. He's just echoing sound-bites from a half-dozen different press releases whining about the evils of the used game market. We don't see them a lot on slashdot, but on sites like, for example, The Escapist, every few months there's a new press-release from some butt-hurt developer telling people that customers who buy used games are no better than pirates.

      And said sites are full of people like the OP, who seem to be about even money between being "reputation management"-level shills, or just empty-headed industry cheerleaders supporting these scumbags to the detriment of their own interests.

    174. Re:Not on the disc by MattSausage · · Score: 1

      If I could mod this up any farther I would. How, on Slashdot of all places, this point isn't made in the first five comments (after the obligatory sarcastic first comment) is absolutely beyond me.

      The concept of owning the game as a component of it's purchased value is the single major argument against this type of blatant money grabbing. Recently, Tycho recently made a point on Penny-Arcade that no one seems to complain about Steam having this exact same business model. And that in fact, digital distribution has an even more unforgiving consumer contract. You cannot resell digital copies AT ALL, even handicapped versions of them. Where's all the internet vitriol for Steam?

      I believe the answer to that lies in the comment above. You can get good games on Steam at MUCH reduced prices. Sure, if I want Skyrim on release day, it will be $59.99. But six months later? We can likely pick it up, un-handicapped, for likely half the cost. A lot of these price reductions are done according to demand (shocking I know), so maybe Skyrim wasn't the best example. But still: try going into Walmart a year after an A1 title is released and see how much the price as come down.

      And lastly, Origin is like some horrific mutant child of the worst of both models. Want to buy the vanilla Sims 3 on Origin four years after launch? Congratulations! It's been reduced to only $30! This makes me wonder, how much of this is ALL game companies, and how much of this is just EA?

    175. Re:Not on the disc by delinear · · Score: 1

      Because the consumer is always fully educated about the limitations of the game when they go into their local game shop and grab it off the shelf... Since when did we start saying customers need to make themselves aware of the intricacies of various licensing models just to go buy a game, and if they don't then they deserve whatever they get? Especially when there's nothing (aside from maybe some smallprint buried on the back of the box) to indicate that this is anything other than a standard game with all inherent first sale rights included. It's fine for game studios to deliberately mislead customers, but customers can't complain, they either have to become amateur lawyers or just suck it up, right?

    176. Re:Not on the disc by InvisiBill · · Score: 1

      Huh? They're decreasing the value of the game by including something for free with new purchases? How is this any different from preorder DLC? They may be devaluing used games, but they're not the ones selling the used product. If you want to sell the DLC with the game, you're free to do so by selling the EA account with the DLC as well.

      Just like nosferatu1001 said, decreasing the value of the used copy of a game decreases the value of the new copy of the game. Let's say you walk into your local BestCircuitGameShopLand and see two versions of the latest and greatest game. The first version includes all the content on the disc and is playable by anyone who puts that disc in their system. The second version includes all that same content, but the last level has an activation code that can only be linked to one specific user account. Anyone can put the disc in and play the first nine levels, but only your account can play the tenth level. Both versions of the game sell for $60. Which one do you buy?

      Regardless of how you word it, these "first owner bonuses" mean the second owner is getting less than if he had purchased the product new. If the second owner has any semblance of a clue, he should be willing to pay less for this version of the game, since he's getting less. Since you know that you can't charge as much to sell the game when you're done with it, you shouldn't be willing to pay as much for the original copy.

      Now, if they want to charge $50 for the second version, that's a completely different story. There are many people who have no interest in selling the game later, and would simply prefer a lower initial price. This system acknowledges that the locked-down version has a decreased value to some people and adjusts pricing accordingly. On the other hand, if you continue to decrease the value of your product without changing the price, don't be surprised when it hurts your sales.

    177. Re:Not on the disc by Anonymous Coward · · Score: 0

      I second that!

    178. Re:Not on the disc by geminidomino · · Score: 1

      I'm not stuck on reselling it (I don't think I've ever sold but maybe two games, and those sucked so bad I only got like $3 for them), but I just can't trust Valve far enough to build up a big Steam library while their TOS basically says "We can cut you off any time we want, and maybe we MIGHT give you standalone access to the games you've purchased."

      And I understand the need for the blanket cut-off clause. I can't think of any legitimate reason to do so WITHOUT providing access to rightly-purchased games, though.

    179. Re:Not on the disc by pla · · Score: 1

      In other words it's going to look at lot more like Steam, and a lot less like the 1980's.

      Actually, you have that about as backward as you possibly could.

      I will never, ever finish playing all the great games from the 80s and 90s that I can pick up for under $5. And unlike in the 80s, even the crappiest of modern hardware can play them with all the bells and whistles cranked to the max.

      Make no mistake, Steam has quite a few games I would like to play. But I have no interest in supporting the world they envision as the future of gaming, and don't exactly need to "go without" as a result.

    180. Re:Not on the disc by Anonymous Coward · · Score: 0

      "Actually its their game and their contract and they can have it both ways and another four ways too if they want."

      Actually, good luck with that attitude in a european court. That shit don't fly here, we got this thing called consumer *protection* laws, which among other things regulate buisness practices and contracts.

    181. Re:Not on the disc by Jackie_Chan_Fan · · Score: 1

      Perhaps gamestop should read you, your rights before paying.

      As a kid once said in a car, on tape, after having a tooth pulled...

      "Is this real life?"

    182. Re:Not on the disc by Jackie_Chan_Fan · · Score: 1

      Perhaps you havent heard of SOPA, and which game companies support/fund its progress?

    183. Re:Not on the disc by Anonymous Coward · · Score: 0

      DRM and protected content happens because marketing types have worked out that the producers will get more revenue by implementing it - period.

      How do you get more revenue by what is basically punching the customer in the face, and telling him "if you buy from me again, I will punch you again"?

    184. Re:Not on the disc by Jackie_Chan_Fan · · Score: 1

      This has nothing to do with the issue. The issue is about game companies trying to put an end to used game sales, and the methods they're going about it, that violate customers.

    185. Re:Not on the disc by Anonymous Coward · · Score: 0

      If you made a product, and 1 million people used it, but only 500,000 paid you for it, I think you'd be angry, too. The only other products on earth that have a bigger secondary market than primary market like games do are houses and cars. Even books (other than out of print ones), people are more likely to buy new and then still keep them around in their house for 20-50 years than buy used when you compare them to video games.

      And they're not even keeping you from buying the product used. They're creating two products, one of which is an optional add-on that's free to new purchasers as a perk for not buying used. It's like if Doom2 were released now, and the secret levels 31 and 32 required you to pay $8 if you bought it used. You still have 30 other levels to play in a used game and the missing ones aren't exactly central to the story.

    186. Re:Not on the disc by GameboyRMH · · Score: 5, Insightful

      That investment is people's salaries, rent on the buildings, power bills, computer and desks.

      Oh boo freaking hoo. Most of us would be out on the street from one significant financial slip-up, but we're supposed to pity the boneheaded fuckers in the game industry who can't tell good business from their own assholes?

      All they have to do is sell the games cheap and DRM-free to turn pirates into customers. It's not fucking rocket science. People will be able to pirate your games just as easily either way. In the current situation, the incentive to pirate is driven by horrific DRM and a $60+ cost, and the disincentive is a little bit of up-front effort. Sell the game for under $20 without DRM and probably half of the pirates become customers, while you retain all your old customers, and you get new customers who couldn't afford your games before or were offended by the DRM! The downside? Fucking nothing! You can lay off your DRM developers who can crawl back into the dark pit they came out of and shut down your DRM servers. Your initial costs are CUT, your running costs are CUT, and it BRINGS IN MORE REVENUE. Figure it out morons!

      As for used games, if you sell your games cheap and DRM-free with online backup and official support, why would anyone buy used? Seriously it's astounding that these are the idiots who get rich.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    187. Re:Not on the disc by stewbee · · Score: 1

      Just a small nit pick about the ars technica article that you link to. Their basis for cost of games is for systems that were using cartridges and not CDs for the media. In these cartridges are EPROMs and other electronics that are certainly more expensive than a piece of painted silicone. That minor detail aside, their point is still valid. I just would like to add that the cost of the consumable material is orders of magnitude different.

    188. Re:Not on the disc by FireFury03 · · Score: 5, Insightful

      Economically, there is no difference between not buying and pirating.

      That's untrue. Resale allows the original purchaser to recoup some of the cost of buying the product. This either makes the product more valuable (i.e. the seller can charge a higher price for the new product), or means the buyer has more money to spend on the next product they want (so they can buy more games or higher priced games as a result). At the end of the day, this means that the publishers should be making more money from each purchaser since a proportion of the money flows up from the resale activities.

      Of course, the publishers are restricting resale, under the premise that if people can't buy a used game at a knock-down price, they will instead buy a brand new one at full price. If this were true, then preventing resale would make sense. However, IMHO this isn't going to happen - people only have a certain amount of money to spend on games, and if they can't get old ones for the knock-down price they will either buy less games or turn to the black market.

      All this is, of course, disregarding the loss of sales from the primary purchasers who boycott as a result of feelng that they are being abused by the vendor.

    189. Re:Not on the disc by Anonymous Coward · · Score: 0

      By your logic, after I buy a music CD, I should have the right to make unlimited copies of that CD and sell them for the same price as new ones. First sale doctrine assumes a physical product, not an ephemeral, infinitely copyable one, like software.

    190. Re:Not on the disc by frinsore · · Score: 1

      1) personally, I don't consider quality to be fixed to price.

      Nor should you. However most people aren't educated about the market they're purchasing from. The digital distribution market doesn't seem to have fallen into that problem yet (iOS and Steam specifically). But the retail console market is what it is. Like you imply, it isn't in the game publishers' interest to change it.

      2) the issue here is that they did not give both flavored offerings\they misled customers.

      It is surprisingly expensive to have multiple skus for the same product. You double all the physical work of selling games to customers and more then double your return rate (any copies of a game that aren't sold are "returned" to the publisher for a refund). Add on top of that the cost of educating the public on the differences between the two different skus and handling the complaints of people who accidentally got the wrong version. Now regarding the messaging in the package, that I agree with. The box should have an icon on it similar to the "required network" and such saying that there's a one-time use code in there. However unless MS, Sony, Nintendo require it then it's probably not going to show up. On the flip side the price of the used game should go down to reflect that it doesn't have the one-time use code.

      To be clear, I don't agree with what EA is doing here but I am withholding judgement until I see what the actual content is. EA is reacting to the current state of the console market, this is the same strategy they've had for other titles (Mass Effect 2 leaps to mind).

    191. Re:Not on the disc by jittles · · Score: 1

      If I offer to buy your coffee table and you set the price to $100 million plus a kidney then I have the right to refuse it but I don't have the right to steal it from you just because I don't like your terms. If you don't like it then get angry and scream a lot, cause then the companies will do things your way just like your mom did when you were a baby.

      Except that in this free world, we have laws. Laws protect people from things like usury, or prevent people from buying and selling kidneys. So you may think that this is a free country, and that you can write up a contract that demands whatever you want, but you can't. There are laws you have to follow. You've been signing so many releases of liability and other such hogwash that you think lawyers can walk on water.

    192. Re:Not on the disc by Anonymous Coward · · Score: 0

      For the single player portion I have no argument. For onilne multiplayer, if the backend is "hosted" or runs on some private network, I see no reason why they should not be able to charge used owners for that. Flame away, but ask yourself if you were running that business model if you would not try to recoup some of the costs for online play.

      To reiterate my stance - single player = no added cost for used; hosted online multiplayer = like EA and others are using in adding in a cost for used players for online play.

    193. Re:Not on the disc by GameboyRMH · · Score: 1

      I've already met this situation with PDAs. Voted with my wallet until there was nothing left to vote for.

      The Droid 4 has all the right hardware though (it has a GSM module but it won't be activated at launch) so maybe there's some potential to hack that up. It might be illegal by then but who gives a fuck.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    194. Re:Not on the disc by Anonymous Coward · · Score: 1

      Yes, that is the heart of the matter, they're not trying to collect sales, they are trying to collect rent.

    195. Re:Not on the disc by Anonymous Coward · · Score: 0

      I think the automobile industry should do this also.

      The correct analogy: Good or bad, the Automotive industry is fed-up with used cars and car-jackers. That means ownership is going to require you be authenticated with their service, constantly, and the advanced functions (DVD player, sat-nav, air-con, digital radio, electric seats, on-line help, bluetooth/iPod, key-less entry, theft alarm) will only exist on that service. In other words it's going to look a lot more like cable TV subscription.

      Note: Cars already contain software. But in that case, one wants the physical product. The software is an accessory.

      Remember StarCraft 2: Sure it had a single-player mode. But the purpose of that game was a highly controlled network game-play.

    196. Re:Not on the disc by Anonymous Coward · · Score: 0

      Why should the original distributor get a cut of the resale? That concept happens no where in the fucking world except for some software titles. I image auto makers (not the dealers) and electronics companies would love to get in on that racket too. If the resale market for games is so great and the resalers are making so much money, the developer should get in the resale business. Hey, if a company wants to limit resale, they should not be surprised when people find a way around it.

    197. Re:Not on the disc by GameboyRMH · · Score: 1

      The technical capability to do this already exists in some cars, I wonder how long it will be...have the ECU drop into safe mode and have nonessential features deactivate if the car is regularly parked far from the usual place. If you move you'll just have to call up the manufacturer for reactivation. Not too different from how Windows tracks hardware changes.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    198. Re:Not on the disc by Anonymous Coward · · Score: 0

      Used Games they're not in the rights to be fed up about. Infringement (NOT Piracy...that's a bullshit name that the industry came up with to make appeals to emotion with...) is something they should have a beef about- but only after a fashion.

      In the case of the first, if you're having issues with used sales, perhaps your damn title should be priced cheaper. Blocking used sales in this manner is a problem in that people can't enjoy the title after sales have ended and it's violating the compact you made when you got Copyright protection. Simply put, there's no time limits with this BS and it doesn't fall into the Public Domain. Ever.

      In the case of the second, you have to ask whether it's your attempts at blocking the first and the second that're spurring on ever higher amounts of the second or not. In most cases, your pricing, plus attitude often dictates just how badly people want to infringe the title. Price it right and quit playing these idiot games 'trying to make a buck' and you might just actually make MORE money than you would've otherwise. You won't be wasting money on these idiot schemes and you might actually convince most of those you were trying to prevent from "ripping you off" to buy and in the end see more profits.

    199. Re:Not on the disc by GameboyRMH · · Score: 1

      A lot of pirate releases now include all the DLC goodies preinstalled.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    200. Re:Not on the disc by Anonymous Coward · · Score: 0

      Good luck with Diablo 3.

      What exactly is your argument again? Oh, that piracy rules for you. Nothing says "ass" like someone trying to argue that piracy is better than purchasing a game. You don't even bring up the point of what people are discussing. How the hell are you going to pirate DLC that you have to download?

    201. Re:Not on the disc by JohnnyMindcrime · · Score: 1

      Because they know a certain percentage of the population will just go and buy the game anyway, and will never complain about having to jump through multiple hoops to get the thing working correctly because of DRM protection. That is my point.

      --
      Windows 10 is great - I used it to download Linux.
    202. Re:Not on the disc by SomePoorSchmuck · · Score: 1

      Yeah -- but know what you're buying. If you're buying "a non-exclusive non-transferable license" then don't be surprised if they go after you for transferring it. And if you long for them to sell you the game as a thing for you to do whatever you want with, you're far from alone. But your wishing doesn't make it so, and when you show up at a Mexican restaurant wanting fried rice, it doesn't give you permission to trash their kitchen just because they don't serve what you want. Go somewhere else. Make it count. Don't just be either a) a raging pirate or b) a big-words guy who rants, raves, and then buys the game anyway. If you have any principles worth living for, you won't steal; you'll just stiff them by not buying their product, and by buying things that are offered at acceptable terms to you.

      Agreed. The real short-sighted folks aren't the software companies driving their users crazy. Far worse are all the slashdot types saying "I'll just pirate this game instead", because their short-term benefit - getting to play the game - is completely negated by the long-term debit - creating and supporting the popularity and spread of games that have undesirable licensing agreements.

      The reason we live in a Microsoft/Office/Exchange world today, is because years ago we bought one Win/95 or Office97 CD and piratically/illegally installed it on our home computer, and the church secretary's computer, and Aunt Susan's computer. The software industry looks at piracy as a marketing loss-leader until they have a sufficient slice of the market locked-in so that they can then suddenly go before Congress and be shocked -- shocked! -- to find out that people are pirating their products. Then they spring the trap of DRM and purchased legislation. Step 4) Profit!!!!

      --

      Hollywood, Television, has become the dream machine. We need to take that back; each of us is a Dream Machine
    203. Re:Not on the disc by Anonymous Coward · · Score: 0

      Here's the problem with it. They're circumventing first-sale and completely going against the intent of the law, if not the letter. It would be like if you sold your book used to a friend and the publisher was able to take out the last chapter. Completely illegal.

    204. Re:Not on the disc by TheJabberwocky · · Score: 1

      It's against the EULA and will open up the account to be confiscated.

    205. Re:Not on the disc by Thugthrasher · · Score: 1

      I think that you miss the point. Nobody is trying to stop them from making a profit. This isn't about us trying to make them poor, it's about people being fed up with companies acting more like parasites trying to squeeze more revenue from their product their predecessors did and is worth paying.

      I don't think it's about trying to squeeze more revenue than their predecessors did.
      They already likely get more (at least on major game releases).

      The big point is that although, yes, you could trade games with friends or resell them some other way, reselling of games was NOT a big market in the past. Think back to when you had an NES. How many used games did you own? How many games did you buy new? I'm willing to bet the 2nd number was a good bit larger than the first (and if trading with friends, you each bought one new game...you might not have ended up with the game you bought, but you bought a game). Nowadays, there are a LOT of people out there who have 5-6 used games for every new game they buy. There are some gamers out there who don't buy new games. They might have 30-40 games and maybe ONE was purchased new.
      These are the type of people this activity is meant to stop the most.

      Unlike most products, there is not really much risk in purchasing a used game, either, at least not anymore. It used to be that if I purchased a used game at GameStop, it would often not last as long as the new one, or even have scratches on it from the start. Nowadays, if that's the case, they give me a different one for free (or my money back). And used games seem to last as long as new games.
      If I buy a used car, it's going to need more maintenance. If I buy used clothing, it's going to have some wear and tear already (and thus not last as long). It's not as much of an issue with games. Which is another reason the used games market is targeted more than other markets, besides those mentioned in the article.


      Now, is this the best model for fixing the problem? Likely not. But they're going to try various methods until someone stumbles upon one that actually works. But this isn't them trying to squeeze every penny out of their customers, this is just them trying to give you a reason to purchase games new. Without things like this, at the moment there isn't much incentive (unless you make a conscious philosophical choice to do so).

    206. Re:Not on the disc by digitalsolo · · Score: 1

      Good points and I agree with you, particularly on supporting good publishers. I am not a huge gamer. I buy 2-3 games a year most years. That said, there are certain game series and publishers I try to always support, because I want them to keep producing. In my case that's the Final Fantasy, Forza and (rife with issues as they are) Call of Duty series'. I buy these games, new, because I have consistently found their quality to be worth supporting with my money.

      Most other games I borrow from a friend or buy used at GameStop a few months after release for half price, play for a while and give back or trade back in. Game quality is simply not what it once was. Very, very few games released in the past 8-10 years (without online multiplayer) are worth replaying over and over again.

      --
      Just another ignorant American.
    207. Re:Not on the disc by Anonymous Coward · · Score: 0

      Actually it happens in Europe for "non reproducable one time originals" such as paintings. It's called "droit de suite". But since the original artist is the one that cashes a percentage of the subsequent sells, corporations lobby against it.

    208. Re:Not on the disc by llZENll · · Score: 1

      There is a fundamental difference between software and cars and french fries, cars wear down very quickly, and french fries are consumable. If you sell used software it is 100% identical to what you bought. This makes it such that every new game competes with every single previously released game. Luckily we have technological decay somewhat.

    209. Re:Not on the disc by Anonymous Coward · · Score: 0

      You might not know this but copyright can now be extended indefinitely.

    210. Re:Not on the disc by Ash+Vince · · Score: 1

      Sad an AC had to nail it. I would just add this is also completely against one of the cornerstones of capitalism, and that is first sale. once you sell something that's fucking it, then its mine.

      Talking about having it both ways, what about patches? When you buy a physical product, you are stuck with it. If they manufacturer realises a way they can improve it then you have to pay to buy an updated version with the improvements. With software, they generally release patches that people can download for free, surely first sale would mean you bought it as seen so they could charge you for any fixes?

      Now i apologize if my language has offended anybody but this REALLY pisses me off. this is just big media trying to do an end run around rules that have been there for ages by trying to claim their IP crap is two things at the same time while being NEITHER ONE when it comes to responsibilities. Well fuck you cartels, i'll pirate also before i buy a single thing from this company!

      Any excuse to be a thief I guess, I do not like the terms that come attached to that product so I will steal it is such a fucking lame excuse. Store detectives have been hearing this crap for years. You have some valid points in you argument but tacking this crap on the end completely undermines all of them as it makes many people think you are just making excuses to not have to pay for something. You can say that is not the case until you are blue in the face, I will never believe it unless you are actually willing to make sacrifices for your principles.

      By making a sacrifice, however small it shows you are standing up for something you believe, refusing to make a sacrifice makes it sound like all you want to do is take and give nothing back.

      Cue now several million children coming back with specious arguments about why this is not the case ans sounding like martyrs, but just remember that real martyrs gave up their own lives making the largest sacrifice possible. People who refuse to go without a computer game that has some dodgy licence attached are refusing to make the smallest sacrifice possible.

      --
      I dont read /. to RTFA, I read /. to offend people in ignorance.
    211. Re:Not on the disc by Anonymous Coward · · Score: 0

      I'm pretty sure there's nothing stopping you from selling the EA account with the DLC along with the game.

      Other than terms of service, of course.

    212. Re:Not on the disc by ultranova · · Score: 4, Insightful

      Good or bad the games industry is fed up with used games, and piracy.

      They are fed up with the Doctrine of First Sale, yet whine when everyone else gets even more fed up with the rest of the copyright law.

      I guess we're headed for another great video game crash; the combination of incompetence, rising development costs and feelings of entitlement reaching the level of absurd hubris in the industry are a deadly combination. Now if only they'll take the movie and music industries with them, we can start cleaning the corruption they have inflicted on us, such as ACTA.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    213. Re:Not on the disc by Svartalf · · Score: 1

      Yeah, it's called terms of service. Selling the acct. to someone else, once caught out, causes the termination of the account in question.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    214. Re:Not on the disc by Svartalf · · Score: 1

      Actually, if they offered the service that he's discussing, yes it's within their rights and authority so long as what they're doing here with the way they're doing it is legal and within their rights and authority.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    215. Re:Not on the disc by digitalsolo · · Score: 1

      Depending on the brand, that is actually pretty typical second hand car behavior. Perhaps the poor longevity of certain car brands is more intended than I realized.

      --
      Just another ignorant American.
    216. Re:Not on the disc by Svartalf · · Score: 1

      That was my take on it. I was going to download the demo for the game at the suggestion of a fellow gamer- now...not a chance. Not worth my time no matter HOW good the title is if they're going to play these sorts of games.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    217. Re:Not on the disc by Svartalf · · Score: 1

      Dude... There's other passtimes- taking walks, playing REAL sports, that sort of thing. Not to mention that the Indie stuff, while it doesn't always have the same production values, is often more fun to play than the overpriced stuff anyhow- and they're typically NOT doing rat-bastard things like this.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    218. Re:Not on the disc by Svartalf · · Score: 1

      Indeed. How do you fight it? By bitching like people are doing and then NOT buying it . It's rather simple. And, I wish people would put their money where their mouths are and just simply do that, whether it's music, e-books, movies, or games- as it's all of those baubles that people just simply seem to not be willing to give up so they can practice what they preach.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    219. Re:Not on the disc by rwv · · Score: 1

      Distinguished packaging... discs then can be "copied and resold without loss of features" versus "exclusive use licenses" would be fine with me as long as they are priced accordingly. There is a parallel here in the "bulk foods" market where it isn't uncommon for items to be labeled "Not for Resale". This theoretically prevents a retailer from buying boxes with lots of individual products for the discount rate and reselling the individual products for a normal rate. Though... to my knowledge nobody has ever been prosecuted for reselling something labeled "Not for Resale"... so this might not be a good analogy.

    220. Re:Not on the disc by Whorhay · · Score: 1

      And on top of that not even all games that provide some Pay to Win are bad. The game I play the most currently is Lord of Ultima, which has essentially no real connection to the other Ultima games.

      It's a very large and lengthy strategy game. You can play it entirely for free but once you control more than a couple dozen cities it becomes unmanageable without paying for "ministers" which allow for automation of some of the more tedious actions you want done. Ministers are a subscription type thing where you pay for them on a weekly or monthly basis. Other than that items that grant resources and such are all there is to spend money on, and those you can actually gather in game yourself. Use of those items is limited such that you can only use so many in a day. And they are of very limited usefulness. My empire produces around 10m of each resource type in an hour, and the highest level of artifact grants 600k.

      Essentially it's a game you can play for free although subscription is the only sane way to go once you progress far enough. And it's not a very high subscription cost either, last I checked it was under $10 a month.

    221. Re:Not on the disc by Svartalf · · Score: 1

      Pales in comparison to the real thing...

      Oh, SNAP! I'm on /.

      Sorry, guys, I forgot...

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    222. Re:Not on the disc by Ash+Vince · · Score: 1

      When my local Game store has a section for "PC games" and a section for "PC non-transferable licenses to temporarily play games at the rightsholders' sufferance" your argument will be more valid. In the meantime the vast majority of customers aren't going to be sufficiently aware of the issues until it's too late.

      WTF? If you argument is with Gamestop not making this shit clear then boycott Gamestop until they do. If EA or whoever started putting big warnings on the box when a title was not available for resale then would you suddenly fall in to line like a good little consumer?

      Bear in mind that some of us never sell used games, and have no interest in ever doing so. I buy all my games via Steam because I hate having to treat games like a physical product where it needs the CD in the drive. Just sell me a licence, lock it to my account and be done with it so I can throw the CD in the bin as soon as I get it home.

      Some of us actually think that doing away with the second hand games market is no great loss as:

      1) We never use it.

      2) Cheaters can use it to resell games after they have been caught hacking online and banned. This gives them a way of minimising their loss after thy have been caught, I want their loss to be as great as possible.

      So by removing the second hand games market I actually gain something overall.

      --
      I dont read /. to RTFA, I read /. to offend people in ignorance.
    223. Re:Not on the disc by Anonymous Coward · · Score: 0

      His views did change, though, as the US went into what he called the "crazy years". I think Kettle Belly Bailey was the biggest show of this: compare Gulf and Friday. In Gulf, his Heinleinian hero is basically a fascist, whereas in Friday you've got the same guy, now older, recognizing that his earlier policy was ultimately counterproductive. Not only can you watch as his views change, but he himself seems to acknowledge them.

    224. Re:Not on the disc by dbialac · · Score: 1

      The problem is simple: when I buy a used book, I don't expect pages 25-83 to be torn out and then to be held hostage by the original publisher to pay money to get those missing pages.

    225. Re:Not on the disc by Theaetetus · · Score: 2, Interesting

      So he's not just some random executive, he's a gamer at heart.

      A gamer who wants to badly fuck other gamers over to make an easy buck. It's utterly absurd that he thinks he has a right to perpetual profits after the original point of sale for a particular copy of a game.

      He doesn't, and he's not attempting to do so. Buy the game used, and you never have to pay a single penny to the studio. If, however, you want additional downloadable content, then you have to pay for that additional content... in the original point of sale for that content.

    226. Re:Not on the disc by Anthony+Mouse · · Score: 5, Insightful

      A gamer who wants to badly fuck other gamers over to make an easy buck.

      The most hilarious thing is that he doesn't understand how markets work at all.

      People discount the price they're willing to pay by the amount they'll get back later if they sell used. When I go out and sell a used game for $20 that I originally paid $50 for, that's $20 I put toward the purchase of the next new game I buy. If I don't have that $20 in my pocket, I'm not paying more than $30 for the next game because I literally don't have the money anymore. Meanwhile, the guy who would have bought the game used from me has still only got $20 to buy a game, and if the game doesn't cost $20 then he can't afford it either.

      There are three actual ways to make more money selling video games: Either you set the price more appropriately (because it's either higher or lower than the sweet spot, which means that volume times price is not maximized), or you make better games so that more people buy them, or you make games that are just as good more efficiently so that you have lower costs against the same revenues. There is no option that says "fuck over your paying customers" because that doesn't work.

    227. Re:Not on the disc by Oligonicella · · Score: 1

      "First off,......"

      Your first point is incorrect, you stole (or circumvented) their right to distribution, which cannot be restored. Your second is spot on.

    228. Re:Not on the disc by Anonymous Coward · · Score: 0

      Actually, there is a shortage of games worth the money they're charging!

      Next solution?

    229. Re:Not on the disc by Anonymous Coward · · Score: 0

      This is sensible. This logic is the logic that is twisted, however, by the publishers. Take a complete game, hack off some parts, then release it. Sell the missing parts as DLC. Make online authentication a requirement to play. Kill the auth servers once the playerbase drops. Do this will 6 titles and their sequels. Pure elegance!

         

    230. Re:Not on the disc by orphiuchus · · Score: 1

      Not true, we still like him in Arizona.

    231. Re:Not on the disc by Oligonicella · · Score: 1

      Then you will have found yourself in an alternate universe where competition does not exist. For the foreseeable future, you're safe.

    232. Re:Not on the disc by Anonymous Coward · · Score: 0

      How much do games cost in the store? How much did they cost 10 years ago? 20? 30? Games have gotten cheaper when inflation is taken into account. Here: http://arstechnica.com/gaming/news/2010/10/an-inconvenient-truth-game-prices-have-come-down-with-time.ars

      OK, so looking at that ad, adjusted for inflation, the average game seems to be about $15 more expensive than today. But, today games are made on DVD/BR discs, where they are pressed for a penny each. But back in those days, games were made in cartridges with more expensive ROM chips in them. So how much of that extra $15 cost was due to the higher manufacturing cost (and subsequently the retailer markup on that increased cost)? I'm guessing it was probably close to that. As I recall, N64 games were typically $10-$15 more than PSX games ($50 for PSX vs $60-65 for N64). And then you had those occasional games with the extra RAM/ROM/GFX chips that were like $20 more than the rest of the games on that system.

    233. Re:Not on the disc by Skreems · · Score: 1

      If you made a product, and 1 million people used it, but only 500,000 paid you for it, I think you'd be angry, too.

      Possibly, but the question is whether you would have any right to be. First Sale is a long-standing precedent, and plenty of people have made a profit on video games, books, music, and movies even though a healthy market for used goods exists.

      --
      Slashdot needs a "-1, Wrong" moderation option.
      The Urban Hippie
    234. Re:Not on the disc by Anonymous Coward · · Score: 0

      Where was this uproar when the Xbox 360 version of Arkham City came with a single DLC key for the Catwoman content that get's tied to your Xbox Live account?

      It is a very similar situation, meant to make the used copy have a lower perceived value than buying a new copy from the publisher.

    235. Re:Not on the disc by Anonymous Coward · · Score: 0

      The other side of this argument isn't that any of those transactions are "immoral".

      The argument is simply this:
      It takes a lot of man-hours to make a modern game. Furthermore people wouldn't pay more than what they do for games. So the only option left is to increase demand. Fortunately there is a font of untapped demand in the market (the used game market).

      To understand how this looks to a producer: Imagine the extreme case, a company spends a couple thousand dollars producing a game, then sells one copy for $50.00. That one copy is then bought and sold over and over on the second hand market. Thus even though thousands of people bought and played the game, the company that made it took a huge loss.

      Now, a more realistic version is this: a company has to decide whether or not it's worth making a game. The project how many people will likely play it, allow for their advertising budget and determine that they're going to have a hard time making a profit on the first wave of sales (before used sales start eating away at demand for new copies). They now have 2 choices
      1. they can cancel the project.
      2. they can design an incentive to buy new rather than used into the game.

    236. Re:Not on the disc by jbeaupre · · Score: 1
      --
      The world is made by those who show up for the job.
    237. Re:Not on the disc by L4t3r4lu5 · · Score: 1

      The pirate still has the money he saved by pirating the second hand game instead of buying it to pay for a different game. The second hand seller still has his game to sell. The publisher has lost nothing as neither transaction included them, yet both the second hand seller and the pirate are still in a position to buy from the publisher.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    238. Re:Not on the disc by FileNotFound · · Score: 1

      Thier ignorance is their problem.

      --
      In Soviet Russia, the television watches YOU!
    239. Re:Not on the disc by tmarsh86 · · Score: 2

      What about books? They take a long time to wear out. Should the author and publisher make $$ every time that new book is sold used to someone else? No, that's just stupid. And it's stupid for physical software, too(used is never 100% identical to brand new).

    240. Re:Not on the disc by Anonymous Coward · · Score: 0

      20-30 years ago, games came on cartridges, very expensive electronics cannot be compared to compared to 10 cent disk stamping today. Games for ZX Spectrum and C64 were about £5 pound in the mid 80s for a top title, lesser offerings were £3. Then they bumped up the packaging and double the costs.

      You also fail business 101, economies of scale.

      Furthermore, you assume all games are equal. Most games are using the same generic engines churning crud over and over. Very few are on the level of Gears, Uncharted et al.

    241. Re:Not on the disc by b4dc0d3r · · Score: 1

      You're right, it's not very good. "Not for resale" usually means it doesn't have the required nutritional info or similar. Nothing to do with first sale at all, just labeling info that companies are required to provide.

      I could put that info back on and re-sell them, although it would cost me more than just getting them from the distributor.

    242. Re:Not on the disc by Anonymous Coward · · Score: 0

      And they're not even keeping you from buying the product used. They're creating two products, one of which is an optional add-on that's free to new purchasers as a perk for not buying used.

      They aren't creating two products. They're creating one product that they split in two, putting the bare minimum in the part of it that you can trade, and putting all the value in the part that's individually licensed. Back before launch-date DLC, before people had to be connected and logged into online services to play single player games, you would buy a disc knowing that you could play every bit of content on that disc, that the whole game experience was on that disc, and that you could sell it or trade it, or even give it to a friend when you grew bored of it. Back then, when a large update to a game was released, it was called an expansion, and it was sold on a disc just like the game was, with the same understanding and expectations.

      Games are still games. That hasn't changed. What justifies the sudden separation between "game platform" and "game content?"

    243. Re:Not on the disc by trevelyon · · Score: 1

      Alright, I accept your analogy as being more accurate. It still would be a shock when you go to sell the car to find out the AC unit (and heater, radio, etc depending on how much is in the download) has to be purchased and installed again. This still is raw greed and should lower the market value of the initial product. If they did not CLEARLY inform potential customers BEFORE purchase then that IMO is deceptive marketing.

    244. Re:Not on the disc by Darkinspiration · · Score: 1

      but copyright assure that it's a physical product. You have only one license to play the content of your music cd. ergo one product.

    245. Re:Not on the disc by FireFury03 · · Score: 1

      The pirate still has the money he saved by pirating the second hand game instead of buying it to pay for a different game.

      True. However, do you believe that a habitual copyright infringer (or a habitual used game buyer, for that matter) would buy many new games? Or would they spend their money on other stuff?

      I would think that the market would generally be divided up into a group of people who primarilly buy new games, and a group of people who primarilly infringe copyright or buy used. I'm not sure that preventing the second group from buying used games will tend to move them into the first group.

      The second hand seller still has his game to sell.

      No. The publisher is attempting to prevent resale of used games. The second hand seller still has the game, but cannot sell it (e.g. it has non-transferrable DRM, etc).

      The publisher has lost nothing as neither transaction included them

      The second hand seller has less money to spend on games because they can't sell their used games any more - this means that they can't give the publisher as much money (they will buy cheaper games or fewer games).

      The second hand buyer does indeed have more money because the game is no longer available on the second hand market (either the second hand buyer has gone without the game, or they have illegally copied it). However, I would imagine that the second hand buyer is generally the sort of person who wouldn't be buying new games anyway, so this doesn't benefit the publisher.

    246. Re:Not on the disc by Anonymous Coward · · Score: 0

      in your scenario would customer B be allowed to call in to tech support if he has a problem with the game? How many customers should be allowed to contact tech support over a single game purchase? Don't get me wrong, once I buy a game I feel it is me to do with as I please. Just something to consider.

    247. Re:Not on the disc by Anonymous Coward · · Score: 0

      I buy apps from the android marketplace almost daily. if game developers want android market terms and condotions then they should get used to Android market prices.

      Worth noting is I just reflashed my phone and all of my licensed apps were waiting for me to reinstall and recognized I had already paid. I would like to see Walmart hand me a DVD with DLC on it if my house burns down.

      Easy come easy go. Pirated software doesn't have the bagage of large cash investments in non-durable goods.

    248. Re:Not on the disc by Anonymous Coward · · Score: 0

      They already do this to the people fixing the cars. You think the updates to those scantools are free? You think you can even fix, never mind diagnose, certain systems (like ABS) without a top of the line model of scantool with the latest upgrade? And how about service manuals. Many of the companies now sell their service manuals digitally. This way they can be (and are) set to expire after a certain amount of time, and you get to pay them again to keep fixing that car.

      When they finally get tired of the car being on the road, they simply stop making the parts. I have cars that are less than 10 years old (One of them a Jeep, nonetheless!), and necessary parts have spent half a year on backorder, requiring me to do some horribly ghetto fixes to keep the car running until then. Some they just quit making entirely (window regulator for my Corolla--at the time the car was only 7 years old--even the parts guy was surprised, but only in that the time is shrinking).

      Weirdly enough, if you want the best support for a used car, buy one old enough someone else makes all the parts and good manuals. A nice 1969 Camaro would do you well.

    249. Re:Not on the disc by FatSean · · Score: 1

      Why? Presumably the original purchaser would play online indefinitely, so the charge for the game (minus any monthly fees) covers that. Doesn't matter to the network or server which human is using the service.

      --
      Blar.
    250. Re:Not on the disc by ironjaw33 · · Score: 1

      Every content industry, gaming included, hates the first sale doctrine. Actually, every industry hates the first sale doctrine. If the car industry could prevent the sale of used cars, and force you to buy exclusively new cars, they would probably pop the cork, and the cheers would be heard all around the world. But they haven't found a way to go around the first sale doctrine.

      I recall several car TV commercials where the manufacturer used the high resale value as a major selling point. In this case, the manufacturer is using first sale doctrine to attract customers.

      Also, car manufacturers and dealers have found a way around the first sale doctrine. It's called a lease.

    251. Re:Not on the disc by Anonymous Coward · · Score: 0

      People do realize that the value of currency has deminished since the 1980s right? $50 in the 80s is worth more than $60 now... The whole idea they are charging more for games is rediculous, they are in-fact charging less. I think they started charging $60 for games right around when the value difference between 1985 and 2004 was ~$10. If they wanted to charge even-value, they should be charging something like $65 per game.

    252. Re:Not on the disc by Anonymous Coward · · Score: 0

      Couldn't anyone just cut something out of the game for something like this though and then just call it day 1 DLC? There's no transparency in the dev process, so nobody would be the wiser. Not saying that's what happened, but it's not a great excuse...

    253. Re:Not on the disc by Anonymous Coward · · Score: 0

      The ridiculous thing is that there would most likely be other companies that pop up just for serving up public domain content in a convenient manner. There's nothing saying you can't sell access to public domain content, after all. Imagine (if copyright was 25 years) a Netflix that had every movie and TV show available up to 1986, plus whatever else they could license? How about a Megavideo that had access to same for free, but with advertising? Hell, I'm looking for a streaming music service right now and could probably be fine with music up to that point for a while (advertising supported or for a small fee) while waiting for more content to be available.

    254. Re:Not on the disc by Jiro · · Score: 1

      There is *no* difference between "it's bonus content for the person who buys it new" and "it's taken away from all used game buyers". In either case the first owner gets it and subsequent owners don't; all that's changed is the marketing.

    255. Re:Not on the disc by petermgreen · · Score: 3, Insightful

      Valve has proven that while gamers will bitch about it they will put up with anti-resale measures. Heck if you make the service you are locking them into treat them well (unlimeted redownloads, massive discounts in sales etc) then they might even grow to like it (I'd say I see far more positive posts on steam round here nowadays than negative ones).

      I guess the only questions left for devs are

      1: which is more controversial and/or more profitable. Preventing resale altogether as valve and blizzard do or trying to cream some money off resale through content that is free to the first owner but chargable to subsequent owners.
      2: how to balance strength of the protection measures verses inconviniance caused to user.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    256. Re:Not on the disc by rilian4 · · Score: 1

      Nice try...you're lying. You purposely posted this information to get people to hate on him simply because he happens to be a Republican.

      If you got out a little more, you'd realize there are a lot of likable people from many differing political viewpoints. Your quote plus your comment purports to push the theory that unlikable=Republican and by inverse, likable = Democrat. Simply not true.

      ...I'm just throwing this out there...I'm a registered independent...

      --

      ...quicker, easier, more seductive the darkside is...but more powerful, it is not.
    257. Re:Not on the disc by SpanglerIsAGod · · Score: 1

      I think that is a perfectly valid response. I think there is nothing wrong with attempts at a new business model, and there is nothing wrong with people refusing to participate in it.
      I suspect people like me are the majority. I almost never buy used games any more and I no longer sell my games. I used to but that only really works on Ebay or Craig's list since GameStop is such a ripoff (the used games there are only $5 less the new most of the time). I won't buy any games that are locked down for resale anyway because I don't like that model, but there may be a lot of people who are ok with that. It could be a successful model even if we hate it. Worst case we have to stop buying AAA game titles and stick with Indie games.
      Maybe this change of business models will cause some of the Indie makers will grow into AAA producers with more reasonable expectations. Who knows, but I say let them try and, hopefully, fail.

      --
      War doesn't show who is right - just who is left.
    258. Re:Not on the disc by Anonymous Coward · · Score: 0

      Yes. Until one of the contract clauses specifies something that is illegal, in which case that contractual clause is null and void - it doesn't exists, and you can ignore it.
      It is important to draw the distinction between illegal and un-enforceable. An illegal contract clause would be, "Buyer agrees to purchase $grams of $illegalSubstance for $dollars." You'd not find this in any contract. An un-enforceable clause might read, "You waive your right to sue under any circumstances".

      Contracts generally have severability clauses that read something like, "if any part of this agreement is found to be unenforceable, the rest of the contract shall still be in effect". Thus, there is an incentive to put language in a contract that may not be enforceable by the court, but might still discourage potential litigants from enforcing their rights.
      Un-enforceable clauses in contracts can be very effective if they discourage people from suing. Essentially, they are Legal FUD.

        Anon, J.D.

    259. Re:Not on the disc by ottothecow · · Score: 1
      Once people start dealing in a market where resale value plays a major role, their purchasing habits will change.

      A common example I hear is with Apple users who have figured out that they can upgrade to new macbook pros at release every year or two for a couple hundred bucks because the resale value on last year's model is almost full price. I've never experienced this since I always hold onto pcs and just repurpose them (or trade them to my parents) until they are broken or worthless...but when I bought a motorcycle last year, my decisions were based heavily on the understanding that I would not be the final owner of the bike and that the residual value after a couple years would be rolled into either an upgrade or into trying something new.

      It is hard to say how much it effects the market on video games...but with the Apple example it really sounds like it has a noticeable effect and apple benefits from a high resale value. The guy buying last year's powerbook on ebay is clearly hunting for more of a bargain than apple can give him and the guy who is upgrading every year would probably be OK using it for another year or three if not for the strong used market (and IIRC you *have* to play the trade-up game before too long or the values fall too far and it stops being worth it).

      --
      Bottles.
    260. Re:Not on the disc by L4t3r4lu5 · · Score: 1

      True. However, do you believe that a habitual copyright infringer (or a habitual used game buyer, for that matter) would buy many new games? Or would they spend their money on other stuff?

      You are precariously close to the Broken Window fallacy with that one. A pirate / habitual used game purchaser is not a loss to the publisher, as they are not a sale, yet the pirate has money to spend elsewhere. This is a net gain to "society", not a loss.

      I would think that the market would generally be divided up into a group of people who primarilly buy new games, and a group of people who primarilly infringe copyright or buy used. I'm not sure that preventing the second group from buying used games will tend to move them into the first group.

      I disagree, but for reasons which are not relevant to the discussion. I believe that better service will move pirates to customers, as Valve have demonstrated.

      No. The publisher is attempting to prevent resale of used games. The second hand seller still has the game, but cannot sell it (e.g. it has non-transferrable DRM, etc).

      This is a "known loss" to the second hand seller, and therefore moot. They accept the inability to not resell the goods, or they decide not to buy the goods.

      The second hand seller has less money to spend on games because they can't sell their used games any more - this means that they can't give the publisher as much money (they will buy cheaper games or fewer games).

      This is a loss to the publisher. Less games sold second hand means less money to pay for new games. As you say, this means less new sales for the publisher. Alternatively, the second hand seller may be pushed into the position of a pirate, which again is a loss to the publisher. In this limited situation, the only gain for the publisher is to allow second hand sales (I understand that it is actually more complicated than this).

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    261. Re:Not on the disc by Toad-san · · Score: 1

      Agreed. I have never considered a game on a disk non-transferable. If I opt to give away or sell the media, that's my business. If the game publisher refuses to give me this license, make it VERY clear on the box and media: "NONTRANSFERABLE". Then I can opt not to buy the damned thing in the first place.

    262. Re:Not on the disc by Lluc · · Score: 1

      I can't name a single new game that works properly on my laptop simply due to the copy protection.

      How did this get modded to Score 5, Insightful?? This should either be -1 Flamebait or -1 Computer Illiterate. I find it much more likely that your laptop is either running linux or is too old to run modern games. You may not *want* to run games with DRM on your laptop, but I guarantee your laptop hardware is not stopping you from running 100% of new games you can buy in the store right now. I bet that even a Best Buy Geek Squad employee could get a game running on your system if you're incapable of installing it yourself...

    263. Re:Not on the disc by willaien · · Score: 1

      Console versions of games using this model will have it linked to your console account. Distributing that will be problematic.

    264. Re:Not on the disc by mcgrew · · Score: 1

      old-time designers were apparently not as big douchebags

      Oh, they were douchebags, all right, but they managed to keep themselves in check until they got power. Warren Marshall*, for example, stated on Planet Crap that the reason he was instituting DRM was because when he was in college, he was a pirate so everybody else must be, too. I wonder if he understood what a big hypocrite that made him?

      George Broussard, OTOH, seemed to be a fine fellow. I wonder whatever happened to him?

      *Odd that there's no wikipedia entry on Marshall, although he's mentioned on its Planet Crap entry. It's also odd that they mention the site "gamespy"; gamespy was a product, not a web site. The web site was Planet Quake, who bought out QuakeSpy, renamed it and extended it. Gamespy was only a small part of Planet Quake.

    265. Re:Not on the disc by Moryath · · Score: 5, Interesting

      Not only that I have to defend Gamestop a little here - I know several people who work at Gamestop, and three of them are store managers.

      Here's how it works according to the fucktard who wrote the article: "The remaining $31.99? Pure profit..."

      Now, here's how it works in reality:
      - On that one game, Gamestop got $31.99 in profit. That profit went back into the sales figures for the store to pay for new inventory and to pay the wages of the workers and the rent to the property owner (Gamestops are in malls or strip malls, they never own a standalone storefront building on corporate-owned land).
      - On several other games, Gamestop plunked down $20-25 in either store credit or cash payout. Those games sat at the $45 price point for a while. Then the $40 price point. Then $35. Then $30. Then $25. Then $20. Somewhere between $25 and $20, the "pure profit" that the fucktard article-writer assumes turned into a loss.
      - On even more games, Gamestop plunked down maybe $10-15. The same thing happened. Maybe they managed to sell it at $20-25, maybe they sold it at less.

      The short version is, sure, on that ONE used title Gamestop got a net $31.99 profit. Maybe that was enough to pay for one worker for roughly 2 and a half hours worth of time if they're at the standard $12/hour. On a number of other titles, Gamestop barely broke even, or even lost money when the game fell into "crap it's old, get it out of here, chuck it in the $5-10 bargain bin" range. Because that WILL happen to some titles, even if Gamestop shelled out $20-25 for it when it was new.

      There's a Gamestop near my location that was posting sales numbers in the top 100 Gamestop stores for most of Christmas. They just got word anyways that they are getting shut down in February. Apparently Gamestop decided rent in the area isn't enough to justify keeping the store open, even with fantastic sales on both the new and used end.

      So before you vilify Gamestop, think about that. A lot of the people working those stores are actual gamers. A lot of the people working those stores are trying to make ends meet. And the dirtiest secret of all... the "profits" for an operating Gamestop store are nowhere near CLOSE to what Asshat McDouchebag writing for ShitHardware, a crappy blog site with a broken registration system, came up with by pulling numbers out of his lying ass.

    266. Re:Not on the disc by ottothecow · · Score: 1
      I wish people would stop using TF2 as a shining example of the F2P model.

      TF2 is an amazing F2P game, but only because the game started out as a traditional game. The new F2P model is just valve trying to eek out as much money as possible form the tail end of the game's lifespan by offering micro-purchases and then opening up the game to new players for free with the hopes that they make purchases (since it is increasingly unlikely that anyone would buy a retail copy of a game more than a couple years old).

      This is great for the existing players who paid for the game at release since it bolsters the player base which means more active servers which means more opportunities for fun. It is also great for the new players since they are able to get started for free. The things you can buy (or at least craft together) *do* affect game balance in my opinion (not hats...but some players are simply better with some non-stock items for some classes...depends on your play style)--but it lets the new players attain a couple of those options quickly if they want by throwing in a few bucks (which also opens up a full inventory). Old players unlocked a ton of items by completing all of the achievements years ago so the new players get to see them in action and decide if they want to wait until they can gain them free or pay a minimum amount to get them faster and unlock the full game. In this way, it is more like an extended demo that limits your inventory slots like an MMO might limit your max level.

      I truly don't think this would work for valve if not for the full retail pricetag on the game in 2007 or whenever it came out. The F2P players in TF2 aren't making payments to outpace their peers they are making a couple of payments to unlock the full inventory and bring themselves closer to par with the veteran players (and to buy pretty hats that do nothing). I don't see this as too different than WoW offering deals to new players (like not having to buy 1 game and 3 expansions at the original full price) and then making it faster to level up.

      --
      Bottles.
    267. Re:Not on the disc by V+for+Vendetta · · Score: 1

      You may not have been steamrolled, but you're there to make the experience enjoyable for someone who bought their tank

      Hmm, most of the time I feel it's the opposite way. As soon as a gold tank shows up, everyone goes "Let's kill that (insert gold tank name here)".

      I think WoT is a very good example of F2P done right. It's fun for both types of players and just because someone wields his wallet around, it doesn't make him a winner automatically.

    268. Re:Not on the disc by Ghostworks · · Score: 1

      Good or bad the games industry is fed up with used games, and piracy.

      Good or bad, the game industry is fed up with customers. And customers with them. That's why big production teams are worked like slaves to roll out a huge, overpriced game that higher-ups pray will make a splash in the first week before people find out how little of the money was spent on playability. Meanwhile, the people who took a week to re-skinned a tried-and-true trajectory game to be about birds angry at pigs are raking it in.

      Game companies can't figure out how to make money because they haven't realized that main principle of 21st century media: That is makes no sense to imitate movie studios if you are not a movie studio, especially as movie studios have demonstrated that they have no clue what they're doing.

      Digital and film media have never been comfortable with the fact that someday they will be just like paper publishing: competing like gladiators over razor-thin margins and the attention of an audience that has no loyalty and frankly doesn't give a damn about development costs. The industry expect customers to always care about names like Nintendo and Sony, even though they couldn't tell tell you if the last book they read was from Del Ray, Dover, or Random House. They expect people to shell out $50 bucks for the latest shooter from a no-name studio when the highest public estimation the of a director, actor, or writer is, "oh, I love his stuff; once the price gets below $10, I may check that out." They are in for a rude awakening.

    269. Re:Not on the disc by PrimalChrome · · Score: 1

      Very odd.... As an avid gamer, I can't remember the last time I had a game that I had to 'fight' to get it to work.....DRM or no. And that's across two gaming machines, a mac w/bootcamp, and two laptops. Unless, of course, you're not talking about 'fighting' a legally purchased game and instead you're talking about 'finding a hack so that I can use a pirated copy'.

    270. Re:Not on the disc by interkin3tic · · Score: 1

      I really don't see the problem, myself.

      That's intentional. The whole DLC bit is meant to distract you from what's going on here: you're buying something but not actually buying it. Typically, when you give someone money in exchange for something, you've bought it. It's yours. You own it. You can sell it. The producer made it and profited off of it once, and is not entitled to profit off of it the next time: they already got paid.

      But oh wait, THESE ones and zeroes don't come burned into a plastic disc, they get to you via a wire. And... uh... that's different somehow, so you don't actually own it and can't sell it if it's absolute crap. But of course, you still have to pay for it. Totally different!

      There are three things wrong with it.
      1: It's ridiculous, consumers are meant to think they're buying something, and most do. Pretending they're not actually buying something becuase it's DLC? Absurd.
      2. It's greedy. I'm fine with just licensing a game and not being able to sell it. But there better be a fucking discount. If I'm not actually buying it, I shouldn't be paying $60 as if I AM.
      3. If a game is terrible, I ought to be able to recoup some of my money on it. Good games I'll keep around. If a game is so terrible that people are selling it back in the first week, then that is a shitty game and whoever made it deserves fewer sales.

    271. Re:Not on the disc by professionalfurryele · · Score: 1

      No, no they cant.

      Copyright is a social contract. You publish something it eventually goes in the public domain.

      Your analogy with the coffee table fails because you didn't mention that you bribed politicians so that the particular type of coffee table you are offering cannot be bought anywhere else, and use their monopoly on force to mandate this. You then used that monopoly to force up the price. You were granted that monopoly with a particular understanding and by behaving as you are you are violating the terms of the agreement.

      You want the social contract of copyright, fine. We get a national culture which enters the public domain in some reasonable period of time and which treats some subset of ideas as though they were physical objects so you have an incentive to produce these things. You don't want the social contract that is also fine, lets abolish copyright and see how you get on then.

    272. Re:Not on the disc by Frank+T.+Lofaro+Jr. · · Score: 1

      And then mechanic who finds a way to reverse all that gets sentenced to be Bubba's girlfriend in the Federal pen for 5 years.

      --
      Just because it CAN be done, doesn't mean it should!
    273. Re:Not on the disc by ais523 · · Score: 1

      For what it's worth, the laptop I'm currently using (a Toshiba Satellite) had information about the terms and conditions (that I couldn't get a refund for uninstalling Windows) on the outside of the box, visible before I bought it. I was pretty impressed by that; if they're going to let people make an informed decision rather than try to force a contract by the back door, more power to them.

      --
      (1)DOCOMEFROM!2~.2'~#1WHILE:1<-"'?.1$.2'~'"':1/.1$.2'~#0"$#65535'"$"'"'&.1$.2'~'#0$#65535'"$#0'~#32767$#1"
    274. Re:Not on the disc by Anonymous Coward · · Score: 0

      That isn't always true. League of Legends is arguably the most successful F2P game on the market right now, and you can obtain everything you need simply by playing for points. The only things that require real money are vanity skins.

      After playing League of Legends (and spending ~$150 on it) I really couldn't handle the Age of Empires "F2P" model. In the first major quest, you get an "epic" item that you cannot use until you pay for full access to your civilization; I was very insulted by this and quit soon after without spending a dime.

    275. Re:Not on the disc by interkin3tic · · Score: 1

      So he's not just some random executive, he's a gamer at heart.

      "You didn't buy it, you LICENSED it: the difference is that you can't sell the thing you gave me money for." The soulless execs started using that line a long time ago, and it wasn't convincing. But they kept repeating it, and eventually consumers started swallowing it. The idea that buying a game used is ethically just one step up from piracy is spreading. So I wonder if this Schilling guy is just being greedy or actually feels like he's being wronged here?

    276. Re:Not on the disc by FireFury03 · · Score: 1

      True. However, do you believe that a habitual copyright infringer (or a habitual used game buyer, for that matter) would buy many new games? Or would they spend their money on other stuff?

      You are precariously close to the Broken Window fallacy with that one. A pirate / habitual used game purchaser is not a loss to the publisher, as they are not a sale, yet the pirate has money to spend elsewhere. This is a net gain to "society", not a loss.

      And a game publisher cares about the infringer's contribution to society because...?

      I simply stated:

      • 1. The used games buyers are probably not going to buy new expensive games, even if you cut off their supply of used games. They will most likely either go without, or infringe the copyright instead. Thus, preventing used games from being sold does not appear to benefit the publisher (note: I'm talking about the publisher, not society in general).
      • 2. People who purchase new games are able to spend more money on new games if they can sell their old games. There is therefore a benefit to the publisher in this regard.
      • 3. Given (1) and (2), allowing used games sales appears to have a net benefit for the publisher.
      • 4. Economically, copyright infringers are _not_ the same as used games buyers - used games buyers put money in the publishers' hands by allowing the people the publishers are selling to to spend more. Whilst its true that there is the same amount of money in circulation either way, the copyright infringers will likley spend the money on other stuff rather than games whereas the money spent by the user games buyers will tend to go to the publishers in the long run. There is a psychological element involved here - a new-game-buyer who has sold an old game for £10 will probably think "I got £10 back from a game, so I can afford to spend more on my next game" rather than just putting the money towards something completely different.

      To reiterate: I'm not expressing any opinion on how good or bad copyright infringement is for society, I am explaining how copyright infringement and used games sales will affect the _publisher_ (not the whole of society) in different ways.

      I believe that better service will move pirates to customers, as Valve have demonstrated.

      I think it is very difficult to convert copyright infringers back into customers: it takes a big push to make people change the way they are doing things. To start with, many people are happy buying used games. Then the used games market is cut off by the publishers - this is the big push that makes a lot of people turn to copyright infringement. To get these people back as customers, there needs to be another push - a big incentive to change. I'm not sure "better service" is going to be a big enough deal - what can the "better service" offer that copyright infringement doesn't? Largely copyright infringement offers exactly the same product but without the hassles of DRM; simply removing the DRM just makes them equal rather than providing a real incentive for people to go back on the straight and narrow.

      Of course, neglected for this part of the discussion is that as well as all the used games buyers who had their supplies cut off and switched to copyright infringement, you've also good a few good customers who have been bitten by the DRM and have also turned to copyright infringement - these are probably even harder to get back because they feel they are owed something by the industry for the crap they have had to put up with in the past.

      No. The publisher is attempting to prevent resale of used games. The second hand seller still has the game, but cannot sell it (e.g. it has non-transferrable DRM, etc).

      This is a "known loss" to the second hand seller, and therefore moot. They accept the inability to not resell the goods, or they decide not to buy the goods.

      No, it

    277. Re:Not on the disc by xero314 · · Score: 1

      That's the interesting thing here. Developers have the option to put in a required full time connection to call home to their servers to validate the user, and they can tie the product to the initial installed machine. All of this would be perfectly with in their rights. But they heard their customers and have chosen to do away with all the techniques that make sharing or resale impossible. Instead they are offering a bonus to the original purchaser, as thank you to those that chose to actually pay them for their work.

      But even when the give the customers what the ask for, there is still a small subset that is unhappy and wish that the could get even more for free. Sure we all want to get as much as we can, but really this approach causes no harm to anyone, and allows content producers to create more quality content. It's really a win for everyone (except used game resellers, but I'm not shedding a tear for them). Used purchasers get the full original content with no strings attached, new purchasers get bonus content (which reflects the additional fee they paid and the price of early adoption), Used games having lessor perceived value will ultimately have lower prices, and producers have more resources to produce content.

      If you are fighting against this, then you really just want to return to the days of 8 bit graphics, turn based play and 2 dimensions, and still pay over $40 a game (well over if include inflation.)

    278. Re:Not on the disc by interkin3tic · · Score: 1

      The outcome is all the matters and game developers are trying to charge the same price for a single use, non-transferable license as they used to charge for transferable media.

      I have a solution: we give them a single-use, non-transferable license to the money we use to buy the game. Pirate the game, mail this guy a voided check. Seems fair to me.

    279. Re:Not on the disc by xero314 · · Score: 1

      When a car company sells you a car, they don't demand that every time you sell that car, they get a portion of the sale.

      When you resell that car used you are selling it with wear. That wear has reduced the usability of the product. You got to use up a certain amount of the usability of the product. You have then affectively paid for the portion of the total usability that is potentially in the car. Media does not work that why. Each use has the complete full potential of the product. If you play through the media completely, you can then hand it off for someone else to do the same thing. You just can't compare consumables to media.

      If you buy fries at McDonalds, your friend doesn't have to pay McDonalds a fee if you give them one of your fries.

      Comparing fries to media would not be the same as sharing a fry with a friend. It would be like eating the container of fries, going back to the counter and getting a second container of fries, without paying for them, and giving those to a friend. This would be the same as purchasing one entry to an all you can eat buffet, and taking your whole family in to eat.

    280. Re:Not on the disc by Imagix · · Score: 1

      Don't do that either.

    281. Re:Not on the disc by xero314 · · Score: 1

      How about instead of car manufactures following the new model of software, we get all-you-can eat buffets to follow the old style. How sweet it would be if I could buy one entry into a buffet, eat all that I can, and then sell that pass to the next guy in line?

      Oh wait, like everyone else that wants something for nothing, you are trying to compare a consumable (automobiles have a limited lifespan) with a non-consumable (media, the actual content, has no limit of it's lifespan of use). Two owners can not get the full use of an automobile, while they can each get the full use of media.

    282. Re:Not on the disc by wideBlueSkies · · Score: 1

      Former hard core gamer here.

      I gave up. I got sick of being treated like a criminal every time I tried playing a game. "Insert CD 1 to play". What bullshit.

      I can only register a game to 1 computer? Even more bullshit.

      So I stopped.

      That's right, I quit feeding the industry my $$$, years ago. I think the last game I bought was Unreal Tournament - when it was new.

      I considered Spore when it was being hyped as something new and different. It wasn't. And the copy protection there gave new meaning to the words "stay away from that shit".

      Fuck you game publishers. Now you get none of my money.

      It's more well spent these days anyway. More money for books....

      --
      Huh?
    283. Re:Not on the disc by Forbman · · Score: 1

      While the actual software may not deteriorate over time (in and of itself), it can and does go stale. We all wax nostalgic over our favorite games of yore. How many would you really like to play now on the hardware you have? Want to play CGA graphics games like Bard's Tale on your 240 fps Crysis machine? No, as that would be visually painful. It may not even be possible to play these old games on new hardware or operating systems.

      I'm glad no one has tried to emulate the Atari 2600 in MAME (but maybe they have...)

      I think back and maybe it would be fun to occasionally play Civ 2. But not really. Now if the game's UI elements were updated, but the actual game play and mechanics were the same, including the spearmen killing tanks, that would be OK. What would be cool is if for newer versions of games like this if they could somehow shoehorn the old game play (and, in the case of Civ 2, the wonders movies...) into the new game as a scenario or...downloadable content.

    284. Re:Not on the disc by dryeo · · Score: 1

      Talking about having it both ways, what about patches? When you buy a physical product, you are stuck with it. If they manufacturer realises a way they can improve it then you have to pay to buy an updated version with the improvements.

      I just discovered that my third+ hand 23 year old F150 has a patch available for the ignition switch which I'm entitled to. Just have to go to the dealer and they'll patch my physical truck for free by actually replacing the switch (unless they already did).
      My truck before that had a patch for the label on the door jam updating the recommended tire air pressure. Same thing, go to the dealer and free patch.
      I saw a recall on a toaster the other day. Return your toaster and you get a new one since the original was defective.
      Defective physical devices often have a patch available, and for defects they're usually free or close to it.
      Your rant on thieving I don't understand as no-one in this thread has suggested going to the store and stealing a game, that would be as stupid and as illegal as me going to the Ford dealer and stealing a new truck because my truck came with a defective ignition switch.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    285. Re:Not on the disc by Psmylie · · Score: 1

      If i'm getting screwed somehow, then i'm pretty fucking happy about it.

      That's because you're not getting screwed. You're getting made sweet, passionate love to :P

      Which is actually kind of the point. Treat your customers well, and the will (on average) treat you well back.

      --

      psmylie's dictionary: Godzillion (noun) Any number large enough to destroy Tokyo

    286. Re:Not on the disc by Oakey · · Score: 1

      I disagree, if it was illegal to sell used cars and you wiped out the used car market people would just keep their new car for longer as they'd have no incentive to trade it in after 3-4 years for the latest model. Instead they'd keep it 10+ years and the car manufacturers would probably go bust.

      --
      "Dre don't get as high as me.... I'm Cheech and Chong" - Snoop Dogg
    287. Re:Not on the disc by Anonymous Coward · · Score: 0

      At the point in my life when I now have both enough disposable income as well as precious little free time that I would happily pay well for well made and entertaining games, the general behavior of the industry has put me off from buying games as the bad taste left from supporting companies that sue kids and single mothers over copyright infringements and make up astronomical fantasy compensation claims effectively invalidates any entertainment value I was hoping for. I don't pirate the games, mind you - the way these companies behave I wouldn't want to play their games if they paid me for it. I just go without and frankly just reading about their latest shenanigans is enough to make me not want to play another one of their games for a long time.

      But there is no way for the entertainment industry to notice my lack of business. If I pirated their content they could at least monitor pirate channels and get a clue that their suboptimal business practices were preventing them from maximizing their profits by alienating consumers to the process of legitimate purchase, but now the only real opportunity they have to understand that they are missing out on the business of people like myself is when someone can be arsed to tell them, like this, in a forum perhaps such as this. If this is not the right forum...well, I can't be arsed to find a better one.

    288. Re:Not on the disc by Anonymous Coward · · Score: 0

      Nobody said they were using that profit well.

      Maybe that game sells at the $45 price point more often if a Full Retail Copy is demonstrably better than a Used Copy. I would argue that GameStop is cannibalizing their own market for that "$32" in profit. Your points tend to express symptoms of that cannibalization.

    289. Re:Not on the disc by Mista2 · · Score: 1

      This is exactly how it works for me. I am not going to pay NZ$100 for a game knowing I won't be able to sell it for a fair price afterwards, as the game shops will know it has restricted one time use content, so will. Offer less for it on resale. 90% of my games are second hand anyway, again I don't see the value in buying a new release at those prices. Buying software from Apple though, its only a few dollars, and easily transfers to new devices I buy running iOS or OS X. And I bought a Mac mini, knowing the resale in a couple of years is going to be close to purchase price if I decide to upgrade (as long as I offload just before the next model appears)
      If they want more recurring revenue from me, they are going to have to make the new release price much lower.

    290. Re:Not on the disc by ekgringo · · Score: 1

      OK, let's try this scenario. A gaming company spends a couple thousand dollars producing a game, then sells one copy for $50.00. That one customer is so happy with the game that he keeps it forever. The company still only made $50 in sales. Does that give the game company the right to charge that one happy customer over and over until they make up their loss on the development of the game?

    291. Re:Not on the disc by zachdms · · Score: 1

      If you bought a GM car and it was in perfect condition with zero miles on it forever, then your comparison would be rock star awesome.

      Other purchases degrade. Software really doesn't.

    292. Re:Not on the disc by Cederic · · Score: 1

      True. However, do you believe that a habitual copyright infringer (or a habitual used game buyer, for that matter) would buy many new games? Or would they spend their money on other stuff?

      I'm not sure about computer games specifically but studies have demonstrated that people that habitually infringe on music copyrights spend more on music than people that don't.

      I believe that habitual games players will play more games. I also believe that people have limited funds available to them. As a result I believe that people that habitually acquire non-full price games will also acquire full price games to the extent that their budget will allow.

      I know many gamers, and my beliefs hold true for all of them.

    293. Re:Not on the disc by Harry+Coin · · Score: 1

      It's you idiots that are destroying the game market, not Gamestop. There is no such thing as "day-one DLC". What you are describing is a game that was made purposefully incomplete in order to prevent consumers from excercising *their* rights of resale.

      The real problem is that your licensing shenanigans aren't apparent on store shelves filled with what *used* to be a well-understood product. It's not until the unwary customer gets their purchase home do they realize they've been fucked. I've been gaming for 30+ years and have decided to directly support the indie publishers who aren't willing for fuck over their customers in order to tap into a revenue stream that they feel entitled to.

      --
      That's pre 7-11 thinking....
    294. Re:Not on the disc by Cederic · · Score: 1

      It's attempting to bypass the existing business model, which has failed.

      You mean those billions in gaming revenue and profits are a sign of failure?

      Those independent game developers successfully making a living don't exist? EA, Ubisoft and Valve aren't profitable?

      It's pretty simple. Develop a good product or market a bad one, and people will buy it.

      People choosing not to give you their money is not a failure of any business model that includes value for money.

    295. Re:Not on the disc by HapSlappy_2222 · · Score: 1

      I like your points, but I think you misunderstood the parent. I don't think the post touched on re-sale at all. Mr. AC was trying to make the point that a person who does not purchase a game (or software, or movie, or music, etc) and a person who pirates a game are identical, economically speaking, to the vendor's bottom line.

      In other words, pirating and simply not buying a product do not count for or against a company's revenue. It's a statistical zero either way (no revenue OR cost to the company), and I like the parent's presentation of this point. I've always thought it silly that companies say "Pirating cost us x amount of dollars this quarter! To the court rooms to sue!!!" but they don't say "People who didn't buy our product cost us x amount of dollars this year! To their homes to pry the money from their wallets!!!"

      Sure, the pirates got to use and enjoy the stuff for free, but it's a pretty tangled mess to decide who would have purchased and who simply would have gone without. I love cheeseburgers, but sometimes I can't afford them. So, I don't buy them. Still, if a friend offers me a free cheeseburger, I'll probably eat it. That doesn't mean Carls Junior just lost a sale. And no, it's NOT appropriate to say my friend stole my free cheeseburger, because the digital nature of intellectual "property" makes all comparisons to physical objects super silly. The closest analogy would be my friend copying an existing cheeseburger digitally, leaving said original cheeseburger under the heat lamp, and feeding my belly with a freebie created from nothing. The only person that lost anything was my buddy, who spent the time making my cheeseburger, probably because he needs me to DD to the bar later. Asshole.

      Actually, it's my opinion that pirating a piece of software makes it more likely that a purchase will be made on that game, or possibly a future one, once the purchaser is in a better position to buy. At the very least, a person in this scenario is more likely to buy than someone who's never even heard of a company, or simply doesn't buy games, much the same as Carls Junior is more likely to sell a cheeseburger to someone who likes their food after getting a no-cost freebie than to someone who's never even heard of them, or simply doesn't buy fast food at all. This seems double obvious if the company that sells cheeseburgers makes it easier to buy them than to convince your buddy to copy them. (Note, this means I really, really don't want my pickles or cheese shipped at a later date, after proof of purchase is supplied). Also, I'm hungry.

    296. Re:Not on the disc by KeithIrwin · · Score: 1

      The thing about this is that the law, as written agrees with you exactly. There's no stipulation in the law that if you own a legal copy of a piece of software that a license is required to use it any more than a license is required to read a book or listen to a CD. Some companies have argued that you need a license since you're copying it onto your hard drive or into RAM, but the actual copyright law says that you have the right to do this if you own a legal copy of the software per 17 USC 117.

      So these licenses aren't granting you any rights which you don't already have. They're completely one-sided contracts and should be unenforceable, and yet this isn't how the courts have been finding, mostly because the side with more money to spend on lawyers often wins regardless of what the law says, which is unfortunate.

    297. Re:Not on the disc by kubernet3s · · Score: 1

      Books are the betr example of this. Booksellers have been acknowledging this for years! The only way they make money is if someone can't find the book used. If they find it used, they buy it from a *used* bookseller. No one whines. No one claims that libraries are "piracy." No one says that if people don't stop lending and reselling books, they will go bankrupt. In fact, I am sure no bookseller has EVER raised this as a legitimate complaint.

      No, what these guys are sad about is the fact that video games used to be a novelty. Moreover, they were something where no apparatus existed to reuse them. People were forced to buy new copies of a game because they didn't exist in libraries, saves were locked to the cartridge, and video stores didn't get games until a good while after their release. Games were thought of as shiny, physical "toys," and a new toy is always better than an old toy (the primary audience for video games being children), and so they could rest easy knowing that someone would always opt to buy the new thing. And now they're pouting because they just realized they are selling information, rather than a physical commodity, and are going to have to start living like booksellers, instead of like fatass millionaires. (No, no one who makes money off this decision is in severe need of it)

      (As far as the disparity between book production costs and game production costs...books don't sell nearly as well as games. Apples and oranges)

    298. Re:Not on the disc by HapSlappy_2222 · · Score: 1

      I would think that the market would generally be divided up into a group of people who primarilly buy new games, and a group of people who primarilly infringe copyright or buy used. I'm not sure that preventing the second group from buying used games will tend to move them into the first group.

      It seems apparent, to me, that the way to move stingy group B into spending group A is to make it easier and cheaper for group B to buy the way group A does. If a company is not willing to lower prices and raise convenience to the point where members of group B switch groups, then you don't get their sales. This is true whether or not group B has the means to pirate or buy used.

      Even my daughter knows she can't sell lemonade for $0.10 per glass to people with no dimes, and she doesn't expect her customers to run an obstacle course to get her product; rather, she lets customers pay what they can and sets her stand up on the sidewalk. And, I don't even want to think about the problems in trying to enforce a "no lemonade re-sale" policy.

    299. Re:Not on the disc by TheRealGrogan · · Score: 1

      You say that as if they have "every right" to restrict their product so it can't be transferred to another owner. No, that is wrong. (I don't care about what's legal)

      Piracy is something they are just going to have to get used to, with their attitudes. Every game gets cracked. Ask Ubisoft who tries to do exactly that. (Though personally I have more pride than to give those assholes any satisfaction whatsoever)

      Not even MIcrosoft is that arrogant.

      Also, that's not really how Steam works. It doesn't withhold parts of your product, it's mainly just a seller and distribution service. If you buy a game that is subject to downloading core content on the fly, that's the game publisher doing it with their own service above and beyond your Steam login. Steam does of course result in a one time sale, but Steam isn't the only way to buy games. The convenience overrides that for most people who use Steam. (Not to mention, most people are smart and wait until games are reduced on Steam. It doesn't take long these days).

      For game vendors, after their games bomb out in a year, Steam will be there to sell it for $10 including DLC so they don't get zero for the millions of dollars they spent being cunts.

    300. Re:Not on the disc by toriver · · Score: 1

      Yes: They want all the advantages of selling physical products (scarcity driving prices up) plus all the advantages of selling binary data licenses (zero copying cost) but whine when these advantages also come with drawbacks, like that pesky First Sale doctrine.

    301. Re:Not on the disc by Anonymous Coward · · Score: 0

      I for one, see the problem. I have an xbox 360, my girlfriend has an xbox 360. This is a single player game, we sometimes share the games. We don't BOTH play at the same time, we use our respective xboxs and play when the other is at work or playing something different. Under this plan, we will have to purchase a separate game or the newly added 1 day DLC to be able to do keep playing the way we do. We were not breaking any laws or being immoral, etc. What this does is set a precedent that is similar to the RIAA desire, get every set of eyeballs or ears to pay for use. I had one on pre-order, Curt, but I just cancelled it. Don't blame pirates, don't blame used game markets, don't blame anyone but your very short-sided self for this.

    302. Re:Not on the disc by DamnStupidElf · · Score: 1

      Media does not work that why. Each use has the complete full potential of the product.

      Software and other forms of entertainment lose value every day as newer products become available that are more functional or popular. Giving a 2 year old game to your friend is like giving him half of your 2-hour-old fries.

    303. Re:Not on the disc by HapSlappy_2222 · · Score: 1

      I think that the publishers are terrified that we'll all find out that the used games market IS remarkably similar to piracy. In neither case does the publisher lose revenue.

      The ONLY way a publisher can claim lost revenue in either case is to PROVE that a used purchase or an infringement would have resulted in a brand new sale if the other options weren't available. I don't think it's possible to predict what the real ratio of "New sale! Yay shiny!" customers to "I'll just go without, oh and fuck you and your prices and DRM, too." customers would be.

    304. Re:Not on the disc by Zaphod+The+42nd · · Score: 1

      If Harry Potter came on a DVD that only let you watch the last scene the first time you watched it, but still cost as much as your DVD of starwars that will survive as long as the disc is not damaged, you'd be upset too.

      --
      GCS/MU/P d- s:- a-- C++++$ UL++ P+ L++ E+ W++ N o K- w--- O M+ V- PS+++ PE Y+ PGP t+ 5- X R++ tv+ b++ DI++ D++ G+ e++ h-
    305. Re:Not on the disc by TheRealGrogan · · Score: 1

      If I had a dime for every assfuck who said things like that, I'd need a datacenter to hold all the games I could afford to buy.

      No, they can't have it any way they want it because we don't blindly follow the rules they have bought. People tend to grant themselves more rights, when someone else isn't playing fair. We decide what's fair, and what we are going to do about it, not them. The power is in our hands... we can decide not to pay for it (because they don't deserve our patronage), AND take it anyway if we wish to.

      We don't ask our mothers' permission, nor do we seek approval from condescending twats like you.

    306. Re:Not on the disc by KnownIssues · · Score: 1

      How does an increased player base increase the value of the game in general? Isn't that the same reasoning used by the 90's dot-com bubble companies? Look how well that logic worked for them.

    307. Re:Not on the disc by DamnStupidElf · · Score: 1

      I think the point is that if a DRM'd game costs $50 in the store many people would actually pay >$50 to pirate the exact same game but without the DRM.

      If you spend 30 seconds finding the CD and sticking it in the drive every time you play the game even at a minimum wage of $10/hr it only takes 600 plays to waste another $50 on DRM.

    308. Re:Not on the disc by jahudabudy · · Score: 1

      does it clearly state on the box that you are buying a license rather than a game

      I'd say it's worse than that. I recently bought a PC game that clearly stated certain content and maps were only available online. The player would need an Internet connection to access this content or the online player community, but that there was an offline mode. Nowhere did it state that to activate the offline mode, one had to first login to the online server. It wasn't a problem for me, but it struck me as pretty close to fraud. The way it was worded, it definitely gave me the impression that I could play without having an Internet connection. I don't have a problem with the authentication scheme, per se, but it need to be clearly spelled out that your machine MUST be capable of making a connection or the game is useless.

      --
      ...sometimes, in order to hurt someone very badly, you have to tell that person terrible lies. - PA
    309. Re:Not on the disc by Moryath · · Score: 4, Interesting

      You obviously don't understand how the supply chain works.

      If Gamestop sells a NEW copy of a game at $60, then they may make $5-6 "profit" on it. The wholesale prices on the brand new games in the box sent to the stores are HIGH.

      This is why you will NEVER, EVER, EVER AGAIN see a single-purpose store that sells nothing but brand new in the box games and systems. You won't. Think about it - when's the last time you saw a Software Etc? Oh yeah they started selling used games before they went under. How about Babbage's? Oops, gone under. The margins simply will not and probably will not ever support a "new only" software storefront business model any more.

      Instead, you have Best Buy, you have Target, you have Walmart, and you have the rinky-dink "electronics" sections of other department stores where they staff minimum wage employees 2-3 to a store, or if they get up to 4-5 then they have someone minding the REALLY high ticket items like plasma TV's and $2000 cameras.

      That is the reality. Margins on brand new games SUCK. The fact that Gamestop will manage to have new releases and launch parties when Crap of Dookie: Modern Warfare 4: Beating A Dead Horse comes out next year is because the USED game market subsidizes getting the brand new copies into the store. And that's the complete truth of the matter.

    310. Re:Not on the disc by KnownIssues · · Score: 1

      It's true that General Motors doesn't get a dime of the sale when you buy a used car, but they would if they could! If car makers could install a chip that would disable the car if it had a new owner--and get away with it--they would. The fact they can't has more to do with historical technical limitations than a desire not. Software companies believe they can get away it and for them, it's an easy technical challenge. I don't think software companies think they are more entitled to resale dollars, just as entitled and they happen to be one of the few industries that might be able to get away it.

      The comparison to cars strikes me as similar to "you wouldn't download a car", to which everyone knows the answer is "hell I would!" The fact I can't doesn't affect the argument. I would do it if I could, and it would still be just as unethical to do so.

    311. Re:Not on the disc by krinderlin · · Score: 1

      But the fact remains: We the consumers remain nothing more than collateral damage in the ongoing war between game studios and Gamestop*. Both sides are losing out. Furthermore, in the big scheme of things, 7 piddly side quests is a joke compared to some of the idiocy EA has put into place in other games.

      *Play 'N Trade...sort of. Every one I've walked into has NOTHING for stock and generally just seems to be a hangout for the employee's friends. I still don't get that store.

    312. Re:Not on the disc by roc97007 · · Score: 1

      >>So he's not just some random executive, he's a gamer at heart.

      > A gamer who wants to badly fuck other gamers over to make an easy buck.

      And this is different from any online gamer in what way? He's just taking the philosophy to real life.

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    313. Re:Not on the disc by The+End+Of+Days · · Score: 1

      “There is a technical term for someone who confuses the opinions of a character in a book with those of the author. That term is idiot.”
        S.M. Stirling

    314. Re:Not on the disc by The+End+Of+Days · · Score: 0

      Once you've equated something stupidly to murder, you're decided to preach to your choir. You don't actually have a point with that analogy in any way, unless you can somehow demonstrate that depriving a person of their life even approaches the "horror" of you not being entertained on your terms.

    315. Re:Not on the disc by Anonymous Coward · · Score: 0

      An increased player base increases the value of the game through network effects. Statistically speaking, a given player is more likely to *continue* playing when their friends also play, and/or when there are a large number of other players online to play against/with. Non-paying players attract more players, some of whom will be paying players.

    316. Re:Not on the disc by Miseph · · Score: 1

      He's no likeable in Boston, either, Red Sox Nation likes him because of what he did on the field, and politely ignores him while he's off it.

      --
      Try not to take me more seriously than I take myself.
    317. Re:Not on the disc by hairyfeet · · Score: 1

      The sad part is valve has already given us a perfect example. Somewhere on their site (can't be arsed to look it it right now, go Google it) they have a nice chart with the profits they made off of L4D along with the price point the game was sold at when it made those profits. Their conclusion? That when they lowered the price to $2 they made more than 1700% PROFIT on L4D simply by the massive economy of scale they were able to achieve. Thanks to digital distribution the costs of scaling sales to that level were trivial, no discs or warehouses so the only real increase in expenditures was bandwidth.

      The simple fact is if they would stop trying to make maximum assrape profits on every single copy they could wipe out piracy in the west tomorrow while their sales went through the roof but the greedy fucks are just too damned short sighted for that. For a good example of too stupid look at MSFT. when they had their $50 HP upgrade and $100 family packs I saw first hand piracy disappear, all those machines that had XP Pirate edition or Vista ultimate pirate edition all suddenly had Win Home, why? Because $50 is the price point where even the pirates decide that its less hassle to just buy Windows than pirate it. Ballmer killed the program and suddenly every Craigslist is filled with $100 PCs with $300 copies of Win 7 Ultimate.

      You'd think being business 101 they would understand that, you have to make a product at a mass appealing price point if you want those masses to buy, but instead they try to do end runs around first sale and rig the laws so they can charge assrape prices per copy, even though those very same assrape prices are NOT maximizing their profits but as Valve was able to demonstrate severely damaging them.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    318. Re:Not on the disc by Anonymous Coward · · Score: 0

      You hit the nail on the head. I only buy USED games because I cannot afford new ones. Discounted prices are a win for me. True gamers and early adopters win too, because they can re-coup some money by selling their used game at a discounted price, and then go on to buy another new game.

      With DRM, many newer games are being released with "one-use" codes that devalue the used product. I will not buy a used game if it requires me to spend more money on a "code" just to be able to play the whole game. A loss for me. True gamers lose too because people like me will no longer buy the used game since it does not include the "one-use" code.

      If games were priced at $20 or less, True gamers would buy more games, people like me would buy games new (since there is no incentive to buy used), and game companies could make up for in "volume" what is otherwise lost in per-game-profit...

      Do you ever wonder how retail companies can sell a game for $60 when it is just released, and then sell it for only $20 several months later? Are they taking a loss just to sell the old stock? NO FUCKING WAY. They are still making profit selling at $20. They just make a killing selling at $60.

      I am now a pirate.

      Piracy is not simple. I paid money to mod my XBOX, and then I pay more money to update the mod sometimes, and I pay money for blank discs, and spend endless hours downloading games for free from the internet, but I would turn my back on piracy in a second if lower priced games made it easier for me to buy legitimate games instead of the hassle of piracy. The game developers would get my money instead of the blank disc makers, and the modders, and the internet providers...

    319. Re:Not on the disc by zerocool6900 · · Score: 1

      The whole point of this discussion that it is not additional content. It is part of the single player game that can not even be accessed unless you pay the original point of sale at the original price.

      This would be like buying a book with pages missing out of the middle.

      --
      Some people never learn...no matter how many times something happens to them.
    320. Re:Not on the disc by Anonymous Coward · · Score: 0

      Jeezus. I know you're being sarcastic, but... don't give the bastards ideas!

      (I can just imagine the software, too. "I see you are trying to park...")

    321. Re:Not on the disc by Anonymous Coward · · Score: 0

      He's arguing they shouldn't be doing it AND charging full retail at the same time. He's being perfectly consistent, you are failing to understand him.

    322. Re:Not on the disc by symbolset · · Score: 1

      OK, I see where you're going with this and it makes sense.

      --
      Help stamp out iliturcy.
    323. Re:Not on the disc by GameboyRMH · · Score: 1

      If Windows didn't have PITA copy protection, planned obsolescence and a sky-high price I wouldn't have had enough motivation to switch to Linux so it's not all bad :-P

      A comedian recently also made huge profits by selling a video cheap & DRM-free. At some point he started donating all the profits to charity.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    324. Re:Not on the disc by Anonymous Coward · · Score: 0

      That's kind of the problem with the model though. While it's not always P2W, it often is because the model puts all the control in the hands of the dev, and shifts development focus to marketing the cash shop rather than strictly making a game that remains interesting enough for people to stick around every month. All too often you'll have a game that might have started out with somewhat reasonable F2P terms, and then pulls the bait and switch when you've already invested a month or more and a handful of dollars.

    325. Re:Not on the disc by PitaBred · · Score: 1

      Nothing except the EULA:

      http://tos.ea.com/legalapp/WEBTERMS/US/en/PC/#section11

      - Unless expressly authorized by EA, you may not sell, buy, trade or otherwise transfer your Account or any personal access to EA Services, Content or Entitlements, including by use of auction websites.

    326. Re:Not on the disc by Anonymous Coward · · Score: 0

      Take a look at Kingdom of Loathing. They're one of the early players in the Free to Play Market, and I think they've managed to do it right.

    327. Re:Not on the disc by xero314 · · Score: 1

      Giving a 2 year old game to your friend is like giving him half of your 2-hour-old fries.

      Not at all. In the case of 2 hour old fries, the actual object has changed in a way that makes it different than it was when first produced. This is not true with 2 year old media. A closer analogy is like saying that giving a 2 year old game to a friend is like giving fresh fries using a 2 year old recipe to your friend, even though newer and more enjoyable fries are available. The fries from the 2 year old recipe are just as good as they where 2 years ago, there just happens to be a better option available. This can be seen clearly in all media when you look at actual quality (in the eye of the beholder) products, such as Mark Twain books, Starwars movies, Super Mario Brothers, etc.

    328. Re:Not on the disc by Miseph · · Score: 1

      Because Starship Troopers is mind-blowingly fascist, and in Heinlein's dystopic utopia Libertarians, Communists, Anarchists, Socialists, and any -ists not 100% on board with the military police state's program of compulsory service and unfettered expansion will be summarily executed for treason?

      That is where you were going, right?

      --
      Try not to take me more seriously than I take myself.
    329. Re:Not on the disc by Theaetetus · · Score: 3, Informative

      The whole point of this discussion that it is not additional content. It is part of the single player game that can not even be accessed unless you pay the original point of sale at the original price.

      This would be like buying a book with pages missing out of the middle.

      Except as multiple people have noted, it's not on the disc. It's additional downloadable content, and it's not necessary for the single player game. This isn't like a book with missing pages - the single player game is complete, and you don't need the DLC to finish it. This is more like buying a book new and having a bookmark in it with a URL for an additional free short story.

    330. Re:Not on the disc by scot4875 · · Score: 1

      Ahh, wonderful, so if someone wants to sell their access to the DLC, they have to sell their access to every other piece of EA DLC along with it.

      Or they have to carefully manage a boatload of different EA accounts to segregate all game-specific DLC to separate accounts.

      Either way, it's not exactly customer-friendly.

      And also either way, I don't buy DLC on principle so this issue doesn't affect me at all, but I can see how it would be a pain in the ass for someone who's already been willing to make that compromise.

      --Jeremy

      --
      Jesus was a liberal
    331. Re:Not on the disc by scot4875 · · Score: 1

      Cars aren't IP, cars are a tool. They are a physical thing that you need to get the job done.

      Games are sold on media. You aren't buying a piece of plastic in the shape of a disc, you are buying the bits on that disc. If it came on a cube or a tape or downloaded through the internet, the bits are really the only important thing in the transaction. If this observation doesn't describe you and you are, in fact, paying $60 for pieces of circular plastic, please get in touch with me as I have several hundred pieces that I'd be willing to sell you at a steep discount.

      Now don't think that I'm defending this idiotic game studio (who will never make a sale to me); I've just seen this irksome analogy several times through the thread and it's bunk. People are constantly reminded that you can't "steal" IP the same way you can steal a car. Well, guess what: you don't get to compare sales of IP to sales of a car for the exact same reason. You don't get to have your cake and eat it too.

      --Jeremy

      --
      Jesus was a liberal
    332. Re:Not on the disc by Anonymous Coward · · Score: 0

      Beautiful! Exactly!

    333. Re:Not on the disc by CronoCloud · · Score: 1

      All they have to do is sell the games cheap and DRM-free to turn pirates into customers.

      You do know the Humble indie bundle was pirated even though you could set your own price, and that even some of the people who bought it, paid a dollar or less for it. Simply put, there's too many Eurotrash and Second World pirates out there who simply aren't willing to pay for ANY intellectual property.

      And that 60 dollar game, taking inflation in account, costs less than games of the past did, and offers more content.

    334. Re:Not on the disc by ColdSam · · Score: 1

      if i'm a developer and want to sell a game for $42.00 - $48.00 to a game store and they want to buy it and we can come to an agreement then that should be okay....

      if you can give me a single valid reason why any of these transactions are immoral or advise where the developer should get more money then i shall concede that something should be done to hinder the used game market.

      You're right that nobody is doing anything wrong in that model. Now what if the developer offers to sell his game for $30, but adds the limitation that you can't resell it (or more precisely that if you resell the disc that the game will have little or no value to the purchaser).

      As in your example everyone is making a decision with full information, so where is the harm in that? In fact the developer might sell twice as many games and the original purchaser gets the game for cheaper than he/she would have paid (even after removing the resell benefit), so it is a win-win for those two. The only ones harmed by this model are those who would only buy the game used, but do we really have any obligation to protect their interests?

      It is possible that there can be more than one fair way to publish and sell a game (or a book or a car).

    335. Re:Not on the disc by CronoCloud · · Score: 1

      Most game buyers take into account the fact that they'll get some money when selling the game second hand.

      Hmmph, only those "Dudebro" "I only play sports games or brown shooter of the week" gamers, that started growing in numbers with the Xbox.

      REAL gamers don't trade in games.....they keep them...and still have the original manuals.

    336. Re:Not on the disc by toriver · · Score: 1

      SO FUCKING WHAT!

      You are not entitled to success in business. First Sale has been a "doctrine" for a hundred years, there is no manufacturer of physical goods that should be stupid enough not to take "losses" (as if) from the second-hand market into the business case study. You are not guaranteed an income from whatever you make, there is no duty from the consumers to buy your game.

      The ONLY way you can avoid second-hand sales of physical goods is not to make physical goods! Use the Steam/PSN/XBox Live Marketplace model. Cheaper, too.

      I mean, you also "lose" money when a consumer buys a competing title - do you think the makers of Battlefield 3 feel they should compensate those poor makers of Modern Warfare 3 for "stealing" their customers?

      And what about a subsistence farmer in India, with no computer to play the game and no knowledge of the game maker or his game? Does he owe anything? He is also a lost sale!

    337. Re:Not on the disc by cgenman · · Score: 1

      No it isn't. It isn't a compromise at all. A compromise is where both parties give up a little, to reach an "acceptable" solution, where otherwise there is an intractible situation.

      If you don't think this isn't giving any ground, you could complain about it by writing a letter on your 2nd hand used copy of MS Word. Wait, you can't. US courts have ruled that first sale doctorine doesn't apply to computer software. There is also specific exclusions for renting, leasing, or lending software (I.E. all that is banned without explicit copyright holder permission). So yes, If EA wanted to be real jerks, they have the legal ammunition to shut down game rentals and 2nd hand sales. They could be awful about it. They're not. They're looking for a compromise.

      Also, I would like to point out to the people who rated this comment +5, that what the commenter is asking for (with the exception of the reduced initial price), is exactly what Amalore is doing. Think of Arkham City. I played through the entire thing, and had a thoroughly good time, without realizing I hadn't downloaded the free Catwoman DLC. If I had bought the game secondhand, I would still have had an enjoyable time. It might have been enjoyable enough that I'd throw a tenner at the makers for the extra content. Amalore is, supposedly, a full and complete experience without the DLC, but that 1st batch of DLC comes free to people who bought the game first hand. Anyone buying the game second hand can pay if they want to try it. Personally, I find the online sports pass far more objectionable.

      Now, I personally have problems with DLC in general... It's hard to provide enough value to the player to be worth it, without cutting your own throat. Sales numbers on DLC are generally abysmal on anything but the biggest titles. And they detract attention from what should be the main thrust of your efforts, making more games. And, even though I know how it comes out of separate budgets, which wouldn't have been possible without the additional costs, Day-1 DLC still always feels like a dick move.

      But using free DLC to reward first-time payers is a lot more of a compromise than the companies could be using.

    338. Re:Not on the disc by squidflakes · · Score: 1

      Though, it gets awfully close with the Type 59 when the Match Maker makes it the top tier tank in a game.

    339. Re:Not on the disc by Anonymous Coward · · Score: 0

      I mean, if all Shilling wanted was to raise the price he could have simply, you know, charged more money for the product and then we'd not be having this silly conversation.

      But then less people would buy the original product, and he'd have a smaller market to try and sell the DLC to. Makes great short-term business sense. Not much sense otherwise though..

    340. Re:Not on the disc by soleblaze · · Score: 1

      That's great, so roughly 45 years after my unborn grandchildren die of old age, the copyright will finally expire.

      Wow, someone sure seems optimistic about copyright law. ;D

    341. Re:Not on the disc by default+luser · · Score: 1

      For any multiplayer PvP or Coop game a minimum player base is critical. Games that require people will be completely abandoned if there are not enough players. Just ask anyone how hard it is to seed and fill a 64-player BF3 server from nothing - unless you actively have players connect and then sit idle, or you fake the reported player count the server will stay perpetually empty. And then magically once it hits a critical number of players it can stay full for long periods of time.

      Making it free to play keeps the servers full, and keeps your game relevant.

      --

      Man is the animal that laughs.
      And occasionally whores for Karma.

    342. Re:Not on the disc by Anonymous Coward · · Score: 0

      Steam is the answer. I only buy games on Steam now so I can avoid all of this anyhow, plus no CD searching, key searching or any mucking about really when I change my PCs.

    343. Re:Not on the disc by vux984 · · Score: 1

      Simply put, there's too many Eurotrash and Second World pirates out there who simply aren't willing to pay for ANY intellectual property.

      So what? If they aren't customers at $60 with DRM... and they aren't customers at $1 with no DRM just forget about them...THEY AREN'T CUSTOMERS.

      They aren't costing the industry any sales, because they will never buy anything anyway, so just forget about them.

      Focus on getting the customers that would pay for their games, but currently don't due to pricing and DRM. There are tons of those... and unlike the people who will never pay, this group actually will pay if you make the right value proposition to them.

    344. Re:Not on the disc by toriver · · Score: 1

      If all Wii games disappeared tomorrow, I would not shed a tear because I do not have a Wii and thus do not buy games for it.

      But I am sure that those who do buy Wii games would miss them.

      There may be child molesters who buy games from Steam. Are you, a Steam user, in that boat as well? No? Then do not so easily drag in "cheaters" as some loaded term for second-hand sellers.

    345. Re:Not on the disc by toriver · · Score: 1

      stole (or circumvented)

      Make up your mind! They are different verbs meaning different things. Making illegal copies is not stealing, it is not baking, raping, sleeping, golfing or driving either. It is simply making unlicensed copies. Yes, it is illegal as is stealing, but two acts being illegal do not make them the same act. Otherwise you could charge a shoplifter with treason (both being illegal)...

    346. Re:Not on the disc by rossjudson · · Score: 1

      You can't sell your Steam games, can you? Why do you buy them?

    347. Re:Not on the disc by dgatwood · · Score: 1

      The problem is not that this particular game limits those extra features to the original owner. The problem is that it's a slippery slope. First you allow the game companies to limit the downloadable content to the original owner. Then the game companies start putting less and less content on the discs, claiming that the rest wasn't quite ready in time. Before long, you've got games coming out that don't do anything unless you're the original buyer.

      Thus, the only way to prevent the continued erosion and eventual destruction of the right of first sale is to nip it in the bud now and refuse to buy games that start the industry heading down that slippery slope.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    348. Re:Not on the disc by toriver · · Score: 1

      You're talking about the sale of physical goods.

      I go into GameStop, I see a game box on a shelf, I take it down, and hold it in my hand. That is a physical good! If the game publisher did not want the rules for physical goods to apply he would only have sold it in electronic form - there are plenty of avenues to do that.

      This idea that the physical good is just a medium for licensed content is a bluff where the content industries are trying to "have their cake and eat it too" as you say: They want the benefits of physical goods combined with the benefits of electronic content, but don't want any of the drawbacks of either. First Sale doctrine is one of those. Why should they get away with it?

    349. Re:Not on the disc by Anonymous Coward · · Score: 0

      Why do you think you are entitled to games that is sold on your terms? If you want it so bad.. pay the developers and create it yourself.

    350. Re:Not on the disc by Anonymous Coward · · Score: 0

      All they have to do is sell the games cheap and DRM-free to turn pirates into customers.

      LOL.. yeah.. $0 vs $more-than-zero.

      I know what I'm going to go for.

    351. Re:Not on the disc by the_Bionic_lemming · · Score: 1

      Where's all the internet vitriol for Steam?

      I can sell the games when I am done with them on Steam. It's not as if you can't get a new login and password.

      --
      _ _ _ Go for the eyes Boo! GO FOR THE EYES!
    352. Re:Not on the disc by toriver · · Score: 1

      Google EULA and "unenforcable". Basically, if you do not have the option to read and accept it before making the purchase it is unenforceable. So the box stating that you need an EA account to play also needs to state that the account is not transferable.

    353. Re:Not on the disc by 0ld_d0g · · Score: 1

      Actually.. you used an incorrect analogy. Right to life is an internationally accepted right. In fact if any individual government violates it, there could be severe sanctions from the other nations. Well unless you are from a country that is not part of the UN...

      I think most of the comments on slashdot will have a net-zero effect on the PC game business. The problem here is that majority of the people don't and will never think of the bigger issues with respect to unfair EULAs and single-use DLC codes.

    354. Re:Not on the disc by VAElynx · · Score: 1

      I used World of Tanks as the main example and that one is F2P from the start.
      You are right about TF2 not being good to use to illustrate such a point (though, I disagree about it not working from beginning), however, well, it's the only other such game I play in any sufficient time, and one can only talk about that which he knows well.

    355. Re:Not on the disc by Sir_Sri · · Score: 1

      Ask THQ how that's been working out.

      As one of those independents: We live on government subsidies and hope for a magica or minecraft, but usually end up with what my friends at Silicon Knights produced, which was an X-men game regularly topping worst of the year lists. At least they get government subsidies. Oh and EA and Ubisoft are all getting government subsidies too (Montreal and Toronto, the areas I'm most familiar with are 50% or 40% respectively subsidies on developer salaries, EA austin, which is the giant money pit for the old republic is 40% as well I believe, although now that they launched I'm sure it's not so bad. 400 people at 12k/month in churn is a LOT of cash though, so getting back even 25 or 30% of that total makes a huge difference). Everyone in this business knows those subsidies cannot last. They can't even last at their currently ludicrous rate. So we need to start making money on our own, fast, and without the government chipping in to keep the industry alive.

      And you're missing the point. People *are* buying the games. They're just not buying it from me, they're buying it from gamestop used, so I get paid once for 1 buyer and 2 or 3 future users. So one way or another my goal is to monetize those 2 or 3 used buyers to give me money to make the next game. Which is why the industry is a giant sequelfest right now. There's an established brand (less advertising outlays), and that's it. They aren't even bad games, but it's still all about the marketing money.

      So no, we aren't making a lot of real money (valve is a special case because of steam), we're making a lot of money backed up by governments who aren't going to keep this going forever. Yes, the guys who did minecraft made real money. But just about everyone else is lucky to meet payroll month to month.

    356. Re:Not on the disc by Sir_Sri · · Score: 1

      Sure GM gets something out of it. They own, or are partially invested in all of the resale chain. Their dealerships who get you financing through GMAC, it subsidizes their dealerships to sell you other cars. And they get to keep selling you DLC, I'm sorry, spare parts after the fact.

      GM goes to great lengths to make their cars completely unservicable without special tools and equipment, computerization has been the greatest thing ever for them. Now they can have all sorts of legally locked down codes (and training manuals), the more of their cars are on the road the more money they get from people who want to be mechanics, auto shops, replacements parts (which, if possible are a PCB that can't be fixed but has to to be completely replaced). etc.

    357. Re:Not on the disc by Anonymous Coward · · Score: 0

      *Free* is not a purchase price. The publisher is not selling you the right to purchase the DLC for $0.00.

      These aren't stock options. But if you want to treat them like they are, perhaps the publisher should be taxed appropriately for selling them???

    358. Re:Not on the disc by Anonymous Coward · · Score: 0

      "Developers have the option to put in a required full time connection to call home to their servers to validate the user, and they can tie the product to the initial installed machine. All of this would be perfectly with in their rights"

      And it should be perfectly within my rights to fix that in the game binaries so it's not required.

    359. Re:Not on the disc by psiclops · · Score: 1

      that's fine as long ithis is made clear at the point of sale, along with any issues i might have installing on more than one computer, upgrading my computer and then playing it. having to reformat my pc, playing it at a friends house, playing it in 5 years time. e.t.c. (some methods may have no effect on some of these)

      it would also be good if the companies also don't complain if they find this model hurts their sales instead of helps them.

      --
      i spent five minutes thinking and all i got was this crappy sig
    360. Re:Not on the disc by Anonymous Coward · · Score: 0

      It's not wrong to raise the price. It's wrong to prevent resale. The first-sale doctrine was developed before it was possible to sell products that actively subverted it. It needs to be updated to ban these shady practices.

      If you buy something, you should be able to resell it.

    361. Re:Not on the disc by Sir_Sri · · Score: 1

      Strictly speaking I'm a graphics and AI programmer, if I'm the OP you were referring to.

      And used games don't affect me anymore. Because we basically do all our sales through Steam or equivalents. So there are no used game sales. Which is as I said a few steps up, the way this market is going.

      When you're on the console market it's a bit different though. Especially if you're on the PS3. You pay for the bandwidth (or at least used to) used by your game. So if you put out a patch, and it gets resold 5x, that increases your costs 5x because now 5 users are downloading the same patch to their ps3. But those disks can be resold. So people will try different things. You buy a base game and get account unlocks of content, or you're really paying for the online service or whatever, but console guys will try and get your money.

      Used game sales hurt. A lot. More than piracy. Pirates aren't going to pay for it no matter what you do. So you have ever more ridiculous schemes to deal with that (see megaupload take down).. But you cannot compete with "10% off new", and those people are at least buying your game. Now I'm not sure the best strategy to monetize, because as I say, I make PC games, and we've given up on retail entirely (and given the situation in the PC market we might be giving up that and moving to social after the next product, but I'll be gone by then). You make way more money per unit online, sell more units, don't have to bribe anyone for shelf space, don't have to print thousands of copies they might not take etc.

      What do you suggest? Seriously. What's your monetization plan for us. The industry is mostly living on government subsidies, or dumb luck (think minecraft), or massive advertising budgets to make money. None of which are reasonable or sustainable. So how do you get cash in your pocket for developing a game? We push first day sales because that cuts into the number of used copies (there's no used sales on release day, obviously), you use DLC because you get probably 70% of the DLC value straight into your bank account (give or take distribution costs a bit). Not every game lends itself to good multiplayer (and only a relatively small portion of your userbase want multiplayer for any length of time anyway).

      This whole thread to the orginal article is full of mindless "make good games and you'll make money" nonsense. Which simply doesn't pan out in the real world. Good games require a shitload of money to make and more importantly, market, and if you fuck it up even once you're out of business, even if you don't fuck it up you might be out of business. For an example look at THQ, which had some serious hits and misses this year and is on the verge of bankruptcy (Saints Row 3, red faction armageddon, some Warhammer 40k games, a spongebog game, a movie tie in to kung fu panda 2). Some of those, notably Saints Row 3 were huge hits, but a lot of people in THQ are on the verge of losing their jobs still. Or you make a series of small crappy games for Android iOS and facebook and hope you get a trickle of revenue.

      Don't get me wrong, I'm not saying the plan in TFA is going to work. But no one has any good options here that aren't mindless platitudes. We all know the government subsidies are coming to and end, and basically running your business like a gambling operation hoping for a big hit isn't a good plan (at least not when it's studios that get shut down, not big publishers usually). So there needs to be more money in developers pockets if they want to make competitive games people want to play. In the long run this simply means your games will all be on an account and not sellable. That account will be run by MS, Nintendo, Sony Apple, Google, or a handful of PC distributors, and you don't get your game on your account without paying them. In the interim, where there is still a market for physical disks that are actually the game you're going to see a lot of crazy schemes to try and monetize the existing system so if the government decides to cut subsidies from 40% to 25% the studio doesn't go out of business.

    362. Re:Not on the disc by Anonymous Coward · · Score: 0

      Sell the game for under $20 without DRM...

      http://www.gog.com

      (No conflict of interest; just a happy customer.)

      There are enough old games out there, which I haven't played yet, available cheap and without DRM, to keep me occupied for another few decades. It's not like they succumb to bit-rot. Unless I'm obsessed with seeing the same muddy brown environment rendered with a gazillion polygons, why should I pay to play the latest blockbuster when there are a hundred classic games with more substance and storyline to keep me entertained?

    363. Re:Not on the disc by aaron552 · · Score: 1

      Typically, when you give someone money in exchange for something, you've bought it. It's yours. You own it. You can sell it.

      If you're talking about products, then yes, that is the case. If you buy a service OTOH, you don't get those rights to resale, and you don't own it.

      Arguably, game publishers have been pushing to make video games "services" for the better part of the last two decades, but it's only with digital distribution that they're actually gotten close to achieving it. Whether or not this is a good thing is up to you, as the consumer.

      It's ridiculous, consumers are meant to think they're buying something, and most do. Pretending they're not actually buying something becuase it's DLC? Absurd.

      If I'm not actually buying it, I shouldn't be paying $60 as if I AM

      If a game is so terrible that people are selling it back in the first week, then that is a shitty game and whoever made it deserves fewer sales.

      Then don't buy it. As a consumer, that is your right, and no one is forcing you to play these games

      --
      I had a sig once. It was lost in the great storm of '09.
    364. Re:Not on the disc by aaron552 · · Score: 1

      Unless you somehow have separate accounts for each game you buy. That will be problematic. I don't claim it's an ideal or easy solution and it's possibly in contravention of the EULA (but since when have EULAs ever been considered legitimate contracts), but it's a solution.

      --
      I had a sig once. It was lost in the great storm of '09.
    365. Re:Not on the disc by aaron552 · · Score: 1

      The only difference, then, is your perspective. If you choose to see it as being "taken away from" used buyers, do so. As a PC gamer, I can't buy used games anyway, so I choose to see it the other way.

      --
      I had a sig once. It was lost in the great storm of '09.
    366. Re:Not on the disc by mwvdlee · · Score: 1

      You're confusing a collector for a gamer.
      Most tennis players don't keep every tennisball they've ever used.
      Most baseball players don't keep every baseball they've ever used.
      Most computer game players don't keep every game they've ever used.

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    367. Re:Not on the disc by aaron552 · · Score: 1

      If they did not CLEARLY inform potential customers BEFORE purchase then that IMO is deceptive marketing.

      It's usually pretty clearly stated on the game box, IIRC

      Your other points are certainly correct, though. My only point is that it's perhaps made out to be worse of a problem than it is, especially if you can't resell you game, as is the case (most of the time) for PC gamers

      --
      I had a sig once. It was lost in the great storm of '09.
    368. Re:Not on the disc by aaron552 · · Score: 1

      Implying that you consider a game to be a product and not a service, as the publishers would like you to think. If you don't like not being able to resell it, don't buy services, buy products.

      --
      I had a sig once. It was lost in the great storm of '09.
    369. Re:Not on the disc by aaron552 · · Score: 1

      All I'm seeing here is a reduction in the (relative) value of the used copies. Which is exactly what the game publishers want. If GameStop and their ilk want to continue selling these used games for "new cost - 1%", they can, but they shouldn't be surprised when people stop buying them.

      I see nothing here that reduces the value of the new product. Unless you buy the new product with the intention of reselling it. Which is not what the publishers want you to do, of course

      --
      I had a sig once. It was lost in the great storm of '09.
    370. Re:Not on the disc by aaron552 · · Score: 1

      You see to be implying that video game publishers sell "used" games (for near to full price). They don't.

      Since it has a lower resale value, the free market dictates that the original product should have a lower price.

      Surely taking this to its logical conclusion would result in all products' initial sale price tending towards production cost? I'm all for it, if it does.

      However, the problem is that the video game market pretty much requires prices to be static as lowering a game's sale price lowers its perceived quality to the consumer, regardless of its actual quality, and therefore lowers sales

      --
      I had a sig once. It was lost in the great storm of '09.
    371. Re:Not on the disc by aaron552 · · Score: 1

      So you complain about day-one DLC available only to new purchases and then say that you only buy games "new" from the bargain bin? I think there's something there that doesn't quite add up.

      --
      I had a sig once. It was lost in the great storm of '09.
    372. Re:Not on the disc by aaron552 · · Score: 1

      It seems I was wrong about that. I Imagine a console gamer saying: "What do I do with this EA account filled with DLC for games I no longer own?" and EA responding "not our problem, we already have your money". Not good. >:C

      --
      I had a sig once. It was lost in the great storm of '09.
    373. Re:Not on the disc by aaron552 · · Score: 1

      I suppose you could have separate accounts for each game? Either way, it looks like EA don't want to you to transfer your account: doing so violates the terms of service.

      --
      I had a sig once. It was lost in the great storm of '09.
    374. Re:Not on the disc by Wain13001 · · Score: 1

      I'm not saying Democrats are likable...but I will say that republicans aren't.
      I'm just throwing that out there.

    375. Re:Not on the disc by aaron552 · · Score: 1

      IF, and only if, you buy the game with the intention of reselling it. As a PC gamer, I can't and don't, so I personally never consider the resale price when buying a new game.

      --
      I had a sig once. It was lost in the great storm of '09.
    376. Re:Not on the disc by aaron552 · · Score: 1

      there is probably a limited, if any, ability to transfer the game to another device

      If it uses Origin (which is does, in this case), it can (like with Steam) be installed on any number of devices, as long as you remember your account details

      --
      I had a sig once. It was lost in the great storm of '09.
    377. Re:Not on the disc by PopeRatzo · · Score: 1

      If you got out a little more, you'd realize there are a lot of likable people from many differing political viewpoints.

      If you have any evidence of likeable Republicans, could you post it? I try to keep an open mind on these things, and it would help to see some actual data supporting the notion that such a creature exists.

      At least at the national level, there is much better evidence for the existence of Sasquatch than for a likable Republican.

      But, here's your big opportunity to prove me wrong by giving us a few examples of really likable nationally-known Republicans. You know, the kind of person that others really warm up to.

      --
      You are welcome on my lawn.
    378. Re:Not on the disc by BoberFett · · Score: 1

      So you think you're going to be able to take people who aren't currently willing to spend $60 for your game and convince them to do so by taking away their ability to buy it later at a lower price?

      Do software companies truly believe they exist outside of the demand curve?

    379. Re:Not on the disc by hairyfeet · · Score: 1

      Then you will enjoy this video because his getting bit in the ass by DRM should be an inspiration to us all. here is a guy that has spent thousands on games yet STILL has to go to crack sites just to make the damned things he PAID FOR work.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    380. Re:Not on the disc by BoberFett · · Score: 1

      Then because we're dealing with a licensed product that doesn't degrade, when the product does degrade (like a disc getting scratched in an Xbox 360 drive as they are known to do sometimes) then a new one should merely cost replacement value, right? $1 for replacement media sounds right. Oh, but they want you to buy a brand new copy.

      Software companies seem to want the best of both worlds and none of the limitations of either.

      Screw 'em says I.

    381. Re:Not on the disc by Anonymous Coward · · Score: 0

      Passengers are illegal where you're from?

    382. Re:Not on the disc by BoberFett · · Score: 1

      Think about what you just said. Charging more means would fewer people would buy the original.

      Don't you think that people who sell the game after they're done with it have already factored their later resale into the price they're willing to pay for the game? If they can't sell it when they're done, they're essentially paying more money for the game. Meaning fewer people will buy it new.

      Thanks for confirming the point of this whole argument.

    383. Re:Not on the disc by Xtifr · · Score: 1

      Other purchases degrade.

      CDs and DVDs are just as resiliant as game discs, but movies and music seem to survive the existence of a used market just fine. This whole nonsense idea that software needs special rules because its "special" is BS.

      Nor is just digital media that doesn't (necessarily) degrade--my dad used to buy vinyl, take it home, tape it, and then only play the tape, so that the original LP wouldn't wear out. He had albums he'd owned for 10 years and listened to regularly that were still in as good shape as the day he bought them.

      In any case, plastic degrades, as does the aluminum layer where the information is stored. CDs and DVDs (and thus, game discs) have an estimated lifespan of around 20 years. That may seem like an eternity to you, but I assure you, it's not.

      Honestly, even the CD makers only tried to make sure their stuff couldn't be copied when they installed a root kit on your machine. They didn't try to cripple it to ensure you couldn't exercise your first-sale rights when you got bored of it. Frankly, I have more respect for Sony/BMG than I do for the game companies that are trying to directly screw over their customers with this crap. Yes, I'm saying that this is more evil than rooting someone's machine!

    384. Re:Not on the disc by Xtifr · · Score: 1

      And used games don't affect me anymore.

      They never did! It does not hurt you to not be paid a second time for something you were already paid for! Arguing otherwise simply makes you a greedy pig! Or an idiot. Or both.

      The rest of your argument basically boils down to special pleading: oh, games are so expensive to make, so we need to do everything we can to scrape up extra money, even if it's illegal or immoral. You know what? That's crap! If you can't turn a profit, well, sucks to be you, but blaming the second-hand market is bull. Nobody owes you a living. If you don't like being in a high-risk industry, tough titties.

      Now, I've got no problem with you guys trying to find ways to scrape in extra dough--as long as you're up-front about it, admit that you're crippling these games, and damaging their potential value to the customer. If the informed customer is still willing to pay, even though your product has less value (because it can't be resold), then you're gold. But lying about it, and trying to blame the customer is a steaming pile of crap. Used games do not hurt you because they're a built-in part of the system you should have accounted for before you even got into it. You're not "stopping the hurt"; you're simply ripping off your customers (and trying to blame them in the process).

    385. Re:Not on the disc by Anonymous Coward · · Score: 0

      You make the HUGE assumption that the pirate has money at all. The internet is integrated enough into society to be considered a necessity, but games are not. Someone may be able to afford the internet, but not video games. To capture these people, you need to drop your price down into pocket change ranges.

    386. Re:Not on the disc by BoberFett · · Score: 1

      Love it. You sir, win the discussion.

    387. Re:Not on the disc by BoberFett · · Score: 1

      I'm guessing because they frequently have sales and cost a few dollars, not $60. If console makers want to drop their price to $10 while instituting this no resale policy, I don't think they'll meet any opposition.

    388. Re:Not on the disc by BoberFett · · Score: 1

      And you do realize of course that authors frequently write about a fictional things which they do not necessarily advocate, right?

    389. Re:Not on the disc by BoberFett · · Score: 1

      I see, so along with this technological solution, they've abandoned copyright?

      Oh, so they still want all government granted monopoly status and protection, but also want to enforce their one time sale policy.

      How nice for them.

    390. Re:Not on the disc by AF_Cheddar_Head · · Score: 1

      Actually several booksellers have tried to license books and prohibit resell. See Bobbs-Merrill Co. v. Straus. Courts refused to honor the license and uphrlr the first sale doctrine. Some still try. A few of the scam artists sell do-it-yourself get rich books have a license inside trying to prevent you selling or even giving away copies.

    391. Re:Not on the disc by Sir_Sri · · Score: 1

      Did you not pay attention to: It costs me money to service each user of the game? Support costs, bandwidth costs etc? If you don't realize that that costs money we can't have a discussion here. Every user who calls you with a problem costs you the value of the game. Maintaining staff to post on forums to help people with problems (in multiple languages) costs money, the more games you sell the more people you need to have to check forums. The more copies sold the more total number of problems, the less of them you get paid for, the more your costs per unit to support. Unlike the 'used car' model we don't charge for support for the game, although that would be one (supremely dickish) option.

      If you look back at the 80's there was a very long tail on used game sales, and it was a very small percent of overall sales. Like the used CD market or used DVD market. Now the used game market is in business the day after you release. And that's money that 20 years ago or even 10 years would have been going into your pocket.

      Costs (notably due to higher res art) keep going up, so even if you move the same number of copies as you did 20 years ago you're making less money per 'developer' and game costs haven't gone up that much in the last 20 years, but the PS2 moved a lot more units of games easily than the current market. You have to target 2 platforms (that's a shitload more money) and sell less copies than the PS2. That's not the consumers fault, that's up to Sony and MS to sort out (and now apple and google and MS as well).

      I'm not about to open the books on my financials or anyone's that I've worked with just for you. But if you think used games didn't affect our business you're living in a fantasy land. When you sell 40k units of one title, and the next title you sell 20k, but then each copy is resold and average of twice over a 3 month period, so you now have 60k copies you've had to support - because gamestop took your price, offered '10% off new' and your company then had to lay off half its staff and do 50% more support used games really kicked you in the nuts. And that's almost exactly what happened to a lot of the console guys, especially the small ones that were 40-50 person outfits.

      The industry around used game sales changed completely in the middle part of last decade (well, about 2007ish Sort of coinciding with the launch of the 360 and PS3 and Wii). Used games used to be your usual sort of pawn shop kind of place. Then gamestop got into the business in a big way, and FAST. That completely changed our expectations about used games on the backend. Where before you were in a collaborative relationship with gamestop as 25% of the games market and the premium shop for games - shelf space on gamestop was *the place to be* if you wanted to get sales (along with Walmart in the US). Then it became adversarial. They wanted your game for the same price they paid before, but now they want to resell it 3 times. They're making money, and you aren't. We explained to them time and again if they didn't stop with the used game shit we'd take matters into our own hands - because if you want a product to sell the people who actually make the product need to get paid. Then Valve made Steam, and I don't even know if Gamestop have PC sections anymore, and don't care, we make more money, and have less headaches this way, and you can sell more copies of your game on Steam in the time it takes to negotiate with gamestop, than gamestop even wants to buy. PC guys have stepped past them. The console market, by its nature as a sort of lumbering behemoth will follow suit later. The current transitional phase we're in is every developer trying to find the best monetization strategy for the business, and that's where you're going to get every bone headed scheme under the sun. Consoles aren't quite at the point of being able to just sell all games on the PSN/XBL, although that would certainly be preferable.

      And sure, we can agree that you should be up front with whatever the deal is on you

    392. Re:Not on the disc by ColdSam · · Score: 1

      Sure, any reasonable or expected qualifications would be made, just as with any other sales model. Most traditional games have some limitations, but as we're used to those and they are more standardized we are less freaked out by them (or caught unawares).

      The old model of selling software is going away, we might as well get used to it. We still have time, however, to influence the newer models, but the way that maximizes profit is going to win out eventually. I believe it's in our best interest to help the developers find that model quicker rather than stumble along making bone-headed mistakes that don't increase their overall profit, but also inconvenience us (or cost us) more than necessary.

    393. Re:Not on the disc by Anonymous Coward · · Score: 0

      In a way, it does. The older software gets, the less compatible and more difficult it is to get working on current hardware and operating systems.

      Some games from 5 or 10 years ago don't work properly with modern hardware and the ones that do might not handle 1080p widescreen resolution or 5.1 surround sound, not to mention the dated graphics. I would certainly call that degradation.

    394. Re:Not on the disc by Phernost · · Score: 1

      Or, unless you're the biggest bully in the UN. I'm pretty sure we have the death penalty, and wars of preemption. In the eyes of the government and most people (maybe not most but a lot), right to life ends when it's an inconvenience. We have government sanctioned assassins, they work for the CIA and a few other world agencies I'm sure. If we had a "free market" without government regulation they would be able to work freelance, and wouldn't that be better, because the free market solves all problems, just like anarchy. Stupid rules, always preventing people from making “honest” money.

      As such I'm only really pointing out that all “rights” and “entitlements” are just grandiose lip service to what a population is willing to accept. They have no inherit merit, and in no way can be construed as moral just because of there status as such. Morality, or that which does the least harm, cannot really be applied haphazardly to “making a profit”. All justifications for and against must be considered, which neither I, nor anyone has really done fully.

      So I guess I disagree with your first statement and agree with the second. Yeah for common ground!

    395. Re:Not on the disc by Lonewolf666 · · Score: 1

      The difference is that the "new" games from the bargain bin have everything on the DVD, including what used to be DLC. So the various DLC-annoyances discussed in this forum just go away.

      --
      C - the footgun of programming languages
    396. Re:Not on the disc by FireFury03 · · Score: 1

      I'm not sure about computer games specifically but studies have demonstrated that people that habitually infringe on music copyrights spend more on music than people that don't.

      I would imagine (and this isn't backed by any study) that the same doesn't hold for games. Certainly, I infringe music copyright to figure out if I like the artist. If I do, then I go buy the CD. So I guess it equates to free advertising for the artist - if I like them then I buy a CD I wouldn't otherwise have bought, if I don't then I wasn't going to buy the CD anyway so they haven't lost anything. If I were a games player (I'm not), I'm not sure any copyright infringement I would participate in would work in the same way.

    397. Re:Not on the disc by FireFury03 · · Score: 1

      I've always thought it silly that companies say "Pirating cost us x amount of dollars this quarter! To the court rooms to sue!!!" but they don't say "People who didn't buy our product cost us x amount of dollars this year! To their homes to pry the money from their wallets!!!"

      It isn't completely silly. Of course, the content industry tend to take the attitude that if 100,000 people copied their content then they "lost" 100,000 sales, which is crazy - if they were unable to copy the content a good proportion of those people wouldn't have gone out and bought it. However, you can't discount it entirely - a proportion (however small) of those people *would* have gone out and bought the content if they weren't able to copy it. Of course, figuring out how big that proportion is is quite hard, and assuming it is 100% makes the numbers sound more impressive even though its complete bollocks.

      Actually, it's my opinion that pirating a piece of software makes it more likely that a purchase will be made on that game, or possibly a future one, once the purchaser is in a better position to buy.

      It probably depends on why the person is copying. If they are young with little money then the can't afford the games, but letting them play for free keeps them interested in games so when they are older and richer they are still interested in playing and will buy instead of copy. If they can afford the games but are copying anyway then they will never be in a better position so I doubt they will ever become a good customer.

      The likes of Microsoft know all this - you only have to look at their educational packages to see them pushing software at young people for very low prices in order to get them hooked. The end users don't actually need the software in most cases (there are plenty of free alternatives that they could use instead) but getting something for free is attractive and hooks the end user so that when they are older and richer they will go out and spend money buying upgrades instead of already having already discovered that they didn't need the software in the first place.

      You can see this as the drug dealer business model: give people their first hit for free to get them hooked, then they will come back and pay for more later.

    398. Re:Not on the disc by tehcyder · · Score: 1

      So basically, you think there actually IS such a thing as a free lunch?

      Hint: you're missing something.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    399. Re:Not on the disc by tehcyder · · Score: 1

      Treat your customers well, and the will (on average) treat you well back.

      I sense a "if you let us have everything for free, out of the kindness of our hearts we will donate a few pennies to you, which is all that you should expect from a free-to-copy product like a game/movie/song" moment coming on.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    400. Re:Not on the disc by tehcyder · · Score: 1

      I'd just say it's about them double-dipping and trying to work around the first-sale doctrine.

      Once a game is bought new, the creator shouldn't be able to say shit about how it's used. Licenses and CD-keys should be 100% transferable.

      So don't buy any games that don't have 100% transferable licenses and CD-keys.

      Why is that so difficult?

      It's a game, it's not going to kill you not to play it.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    401. Re:Not on the disc by Anonymous Coward · · Score: 0

      This weekend I have a small get together at home. Yesterday I was in a supermarket and saw and "old" PS3 guitar hero game on sale for 10€. I thought, .. mm for the weekend... . Didn't thought about it more than 3 seconds. At that price level I don't need to buy used and as long as it entertains for a couple of hours a bunch of people I will play gladly. I would have never in my live payed 60€ for that new. Never ever.

    402. Re:Not on the disc by Scarletdown · · Score: 1

      There is a fundamental difference between software and cars and french fries, cars wear down very quickly, and french fries are consumable. If you sell used software it is 100% identical to what you bought. This makes it such that every new game competes with every single previously released game. Luckily we have technological decay somewhat.

      Well that is just too bad for the publishers then. If they want to keep earning money from their customers, they can work for it and continue producing new games that said customers may be interested in buying. If a publisher isn't interested in actually producing new product, then they should just close up shop and leave it to those who will do the work.

      --
      This space unintentionally left blank.
    403. Re:Not on the disc by peawormsworth · · Score: 1

      does it clearly state on the box that you are buying a license rather than a game, and that it is worth less second hand, and that if you buy second hand you get a cut down version?

      I havent seen the box, but I would guess that the license text clearly states that you (the consumer) accept exactly what they are doing. Because every EULA I've read states that the company can do outrageous and highly questionable things and that you promise not to complain about it and give up all ur rights to sue them over it. This is what I used to read every time I read the monthly EULA XBox live made me agree to continue to use their service. I couldnt believe the stuff they were making me sign. And the microsoft windows EULA said that they could shut down any and all Internet service at any time. I'm glad I got rid of those products. But reality is that most people will not bother to read any of this, because it will take u over 45 minutes to read it all and hours longer if u try to understand it. They will claim watever they want in their EULA and then let the courts figure out wat is and wat is not legal should u dispute it later.

      The reduction in 2nd hand value due to the license restrictions will not be part of the agreement. That is just speculative... although it will likely be true.

    404. Re:Not on the disc by Anonymous Coward · · Score: 0

      resale of goods occurs in every other market, and no one has a problem with it.

      Bullshit. There are shitloads of examples of special deals, offers, etc. which are only valid at the time of initial purchase which are 100% non-transferable. This goes for physical goods, services, and intellectual property as well.

      If the game companies want to sell you a disc which contains nothing more than a download manager, and give you a deal to get a bonus, they can certainly do so. Yes, it will ruin the "value" of the game in terms of being able to re-sell it. Know how many people who buy new games actually count on being able to re-sell? Not many, or at least not the smart ones. You have no idea if you'll be able to PAY a used game shop to take a title, let alone get them to pay YOU for one.

      If gamers really don't want this, then they won't buy the game. If there's enough of an impact on their sales, they'll change their practices or go out of business. But neither of those things will happen. The revenue from the few people who stop buying because they can't re-sell will be made up by the people who switch from the used market to the new market.

      As for the people who think license keys should transfer, well the last thing I want is to buy a used game with a license key, go online, and find out the former user of that key is blacklisted, banned, etc. for griefing, hacking, cheating, spamming, gold-selling, or just generally being a fucking asshole. If you really want to have the key transfer, then you also get to deal with all the shit the former player may have left for you.
      No, the truth is people want to be able to pay used prices for a NEW key.

    405. Re:Not on the disc by Anonymous Coward · · Score: 0

      This is not right-wing liberatarianism. This is... something else.

      Is somebody butt-hurt that a lot of conservatives end up reaching the conclusion that libertarianism is the best way to stop people from fucking with each others lives? I shall try to appear more nuanced in the future so socially liberal folks feel better about sharing views on governance with a despicable conservative.

    406. Re:Not on the disc by Ash+Vince · · Score: 1

      Your rant on thieving I don't understand as no-one in this thread has suggested going to the store and stealing a game, that would be as stupid and as illegal as me going to the Ford dealer and stealing a new truck because my truck came with a defective ignition switch.

      I equate saying "I refuse to be bound by that games conditions of sale imposed by the creator so I will download it from the pirate bay and not pay anything" with stealing. I have been around long enough to hear all the arguments why it is not, but I still think it is.

      --
      I dont read /. to RTFA, I read /. to offend people in ignorance.
    407. Re:Not on the disc by geminidomino · · Score: 1

      (Responding both to this post and sibling post)

      When you're on the console market it's a bit different though. Especially if you're on the PS3. You pay for the bandwidth (or at least used to) used by your game. So if you put out a patch, and it gets resold 5x, that increases your costs 5x because now 5 users are downloading the same patch to their ps3. But those disks can be resold. So people will try different things. You buy a base game and get account unlocks of content, or you're really paying for the online service or whatever, but console guys will try and get your money.

      That's a development problem as well as a business model problem. If you can't afford the bandwidth to provide patches, then do what game developers did for the last five generations: do a better job of the initial release, and don't roll out big honking patches. (Personally, I miss the old school days where gamers could trade bugs around like the FF II duping glitch they read about in a magazine, but that's just me and is getting OT). Or take it into account in your budgeting. Lose the attitude that you have to control every aspect of the customer's experience, avoid the horrible, game-breaking bugs, and don't patch as much.

      Every other industry has this problem too, except they don't have the advantage of being able, ostensibly, to exempt themselves from "fitness for purpose" requirements.

      As for tech support/forums, let's be honest. The number of users who generate traffic there (unless your game is a horribly buggy mess), especially in the console arena, is what? In the single-digit to low-teens, percentage-wise?

      Used game sales hurt. A lot. More than piracy. Pirates aren't going to pay for it no matter what you do.

      Ignoring for a moment the broad brush you're using there, consider this: Some people aren't going to pay $50-60 dollars/game, no matter what you do, either. Fewer still if they have no chance to even recoup part of that investment through resale (I have no proof, but I suspect, anecdotally, that this is part of the reason that the PC gaming market is smaller than that of consoles.)

      But you cannot compete with "10% off new"

      Yes, you can. Periodic retail price reductions are one way. Making games that customers don't want to get rid of is another.

      , and those people are at least buying your game.

      But you claimed yourself that those people are no different to your bottom line than pirates are. So which is it? Do you want them playing your game, or do you want to squeeze the cash out of them? You're talking about eating your cake and having it, and screwing people over. Not just the secondhand buyers, but anyone who shares a system (since the Day 1 DLC is almost always tied to a single profile, from what I've seen).

      Then again, in the PC arena, this sort of DLC crap actually makes piracy MORE attractive since, most of the time, the pirates can get it into the pack, too. I remember seeing a copy of DXHR that included the pre-order bonus, for example. In the vain attempt to keep its death grip, the industry is making sure that the illegitimate market is providing a better product. Not a CHEAPER one, but a better one.

      What do you suggest? Seriously. What's your monetization plan for us.

      Since I don't even know what games you make or what company you work for, much less what your books look like, that's sort of a silly question. But, rather than come back with the usual (and, admittedly, true) snark of "your failing business model isn't my problem", I'll go from the industry trends in general:

      Focus your resources more sanely and reduce dev costs. Yes, having a 2-minute VO and a handful of lines of dialogue by Captain Picard is cool, but that money might better have been directed toward the dev team so that they didn't have to rely on user-made fixes for over 2000 bugs which only apply to one platform anyway.

    408. Re:Not on the disc by Ash+Vince · · Score: 1

      If all Wii games disappeared tomorrow, I would not shed a tear because I do not have a Wii and thus do not buy games for it.

      But I am sure that those who do buy Wii games would miss them.

      There may be child molesters who buy games from Steam. Are you, a Steam user, in that boat as well? No? Then do not so easily drag in "cheaters" as some loaded term for second-hand sellers.

      I was not saying all people who trade in second games are cheaters. I was saying that cheaters are able to use the second hand market to recoup some money from a game they have been caught cheating it after they are banned. I would rather they could not do this even though I freely acknowledge that this would also impact a great many people who are too poor or tightfisted to just pony up and buy all their games new like me.

      A new game is only $60 or so, that is chump change and I spend more that that most months on beer. If you cant afford that, then find a way to earn more or go without, that is what capitalism is all about. Those with the money have the power, those without the money can go fuck themselves as they do not matter. If you do not like this then try and find yourself a nice little socialist country to emigrate to, there must be one somewhere that hasn't gone bankrupt yet.

      --
      I dont read /. to RTFA, I read /. to offend people in ignorance.
    409. Re:Not on the disc by Anonymous Coward · · Score: 0

      Sounds like a pricing issue for resale costing money. You need to price your games to where it competes with resale.

      If you're going under with "hit and miss", then you're just not producing games that people want.

      Steam is full of fun thriving Indie games.

    410. Re:Not on the disc by CronoCloud · · Score: 1

      They aren't costing the industry any sales, because they will never buy anything anyway, so just forget about them.

      They DO cost the industry sales because they're the ones ripping the content and supplying it. How many of those game torrent sites are in in .ru, .ro, or perhaps .th domains? Americans and western europeans usually don't take the time/trouble to do it, because they have cultures that mostly respect intellectual property.

      Focus on getting the customers that would pay for their games, but currently don't due to pricing and DRM. There are tons of those...

      Sure the slashdot crowd moans and groans about DRM, and the non-americans among them complain about price...but most people don't give a damn. At US $60, games are cheaper than they ever been fo rthe content you get.

    411. Re:Not on the disc by Anonymous Coward · · Score: 0

      I was saying that cheaters are able to use the second hand market to recoup some money from a game they have been caught cheating it after they are banned

      The presence of cheaters is a separate issue, you bringing it up does not further your argument for getting rid of the second hand market

      I could easily turn it around and say good honest folks recoup some money via second hand sales, so I want second hand sales to remain

      A new game is only $60 or so, that is chump change and I spend more that that most months on beer. If you cant afford that, then find a way to earn more or go without, that is what capitalism is all about

      Erm... no. Capitalism is about the ownership and accumulation of capital, seeking the most efficient ways to do so. If anything, it promotes second hand sales, as it is a more efficient use of capital

      Person A bought the game new, the game is now his capital. To make more use of it, Person A sells it to recoup his loss.

      Person B is on a tighter budget and decides to make more efficient use of his money by buying used.

    412. Re:Not on the disc by Anonymous Coward · · Score: 0

      They DO cost the industry sales because they're the ones ripping the content and supplying it

      How so?

      If anything, how did they end up with the first copy to rip from? Either through a sale, or a leak happened (but that's not a lost sale, that's a problem with the game publisher/developer's management)

      At US $60, games are cheaper than they ever been fo rthe content you get.

      Well, apparently it's still not cheap enough for those "Eurotrash and Second World pirates". That's just how free markets work. Different people have different price thresholds.

    413. Re:Not on the disc by Ol+Olsoc · · Score: 1

      And this is why I stopped gaming all together.

      Another kindred spirit! I hopped on here out of a certain morbid interest, because I to stopped buying and playing PC games. And for pretty much the same reasons. I used to buy once a month, and at this points it's been something like 4 years.

      I think the real game is to actually get the things to work on your computer, nothing else. And the producers of this stuff seem to hate their customers. Seems like an abusive relationship to me.

      Also, the idea that people who buy used games are somehow pirates shows a marked misunderstanding of the market. Avid gamers will spend money on new and used games. At least when I was into it, playing a good used game just made me interested in the new offerings from a company. So I'd buy their new stuff too.

      Now, their methods of trying to insure their IP rights just pissed me off. So they don't get any more of my money, and I don't even care to buy used stuff any more.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    414. Re:Not on the disc by Psmylie · · Score: 1

      Not from me, no. I tend to heavily invest in things that I like, if I sense that the company or producer behind it appreciates me as a customer and not as a wallet. I buy books from and donate to webcomics I like, I buy games after playing demos (if I like the game, naturally), and when I really get into something, I'll buy associated works like posters, toys, etc. just to fling more cash their way.

      I view it as positive reinforcement towards a company that displays correct behavior. I've got enough money that I can afford to support the things that I like, in the hopes that the companies that make those things will be encouraged to make more things that I like.

      --

      psmylie's dictionary: Godzillion (noun) Any number large enough to destroy Tokyo

    415. Re:Not on the disc by bkcallahan · · Score: 1

      I dunno, coulda used some curried goat buttocks. Heck, make it pineapple stuffed curried goat buttocks

    416. Re:Not on the disc by Rakarra · · Score: 1

      The idea that buying a game used is ethically just one step up from piracy is spreading

      No it's not. Maybe that idea took root in corporate boardrooms, but the average person, the average man on the street has no issues with the first sale doctrine. They have no issues with person A giving up the ability to use a game to sell to Person B. Corporate re-education, not that any of that is heard by anyone apart from hardcore gamer circles, cannot overcome the instinctual feeling that selling items is morally kosher.

      No one outside of the executive teams (and maybe IP lawyers) actually believe that used games (or movies, or CDs for that matter) is close to piracy.

    417. Re:Not on the disc by Anonymous Coward · · Score: 0

      Sad an AC had to nail it. I would just add this is also completely against one of the cornerstones of capitalism, and that is first sale. once you sell something that's fucking it, then its mine. I can sell it, wipe my ass with it, turn it into ninja stars if that is what i want to do because ITS NOT FUCKING YOURS ANYMORE you asshole! if you want to play that bullshit why the fuck can't we all do it? from now on PCs aren't sold, we're just giving you a one use non transferable license! Now you have to dispose of all PCs because that license isn't transferable! Hey we'll do it to houses too, clear that whole housing market problem right up because after one use you'll have to burn the fucker!

      Just because its on a fucking disc or is IP doesn't suddenly give it magical fucking rights, its STILL a product. this kind of bullshit is what i fucking HATE about these cartels, they are trying to be fucking Schrodinger's fucking cat and be in two states at once. On the one hand they are saying "Oh no, you didn't buy the media, you bought a license" well fine, my disc got scratched so i can just download another one since i have a fucking license right? "Oh no, you don't own a license, you have a disc so if its gone you gotta buy another one!" BULLSHIT fucking bullshit! you can NOT eat your cake and have it too assholes! Its either ONE or the other but NOT both, you can't have all then protections and NONE of the liabilities you greedy little piss ants!

      Now i apologize if my language has offended anybody but this REALLY pisses me off. this is just big media trying to do an end run around rules that have been there for ages by trying to claim their IP crap is two things at the same time while being NEITHER ONE when it comes to responsibilities. Well fuck you cartels, i'll pirate also before i buy a single thing from this company!

      See, and i'm totally with you on this until that last sentence. The fact that they have compromised themselves does not mean you can, too. Big AAA Publishers can stuff their DRM, but your piracy still makes you no better, dude.

    418. Re:Not on the disc by Rakarra · · Score: 1

      Yes: They want all the advantages of selling physical products (scarcity driving prices up) plus all the advantages of selling binary data licenses (zero copying cost) but whine when these advantages also come with drawbacks, like that pesky First Sale doctrine.

      I don't think scarcity of physical products does anything for game prices. They're set to whatever game studios believe people will pay. Online and offline, they're usually the same price. Occasionally the offline game box costs more to pay for shipping, store overhead, and the physical cost of materials, but usually I'll see a new game for sale in the store for $59.99, and on Steam it'll be the same price.

    419. Re:Not on the disc by Coren22 · · Score: 1

      I know whenever I use the gold tanks, I am called a wallet warrior. If that isn't hatred for the people who pay, and and admission of how much better the pay tanks are, I don't know what is.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    420. Re:Not on the disc by Coren22 · · Score: 1

      Try Eve Online, it costs monthly, but there is no DRM.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    421. Re:Not on the disc by flowwolf · · Score: 1

      There are car companies which do this. Particularly motor performance enthusiast orientated companies. Bugatti. Lamborghini. Ferrari. There are others I'm sure

    422. Re:Not on the disc by catprog · · Score: 1

      Why not?

      The 1st person is not going to contact them, no longer owning the game.

      --
      My Transformation Website
      Kindle Books http://www.catprog.org/rev
      Interactive CYOA http://www.catprog.org/st
    423. Re:Not on the disc by VAElynx · · Score: 1

      Oh Bastet.
      I know exactly what it is. Wheaton's law. I mean, there are people out there who'd yell 'unfair' if you killed their PzIV with a loltraktor. Their opinion comes nowhere near fact.
      The gold tanks aren't brilliant, actually , asides from Type 59 (which produced incredible whinery in some people) and Lowe, they aren't even that good., What justifies their existance is the higher earnings, meaning someone can use a high-tier premium to support his own tier 8,9,10 tanks instead of doing it with tiers 5,6, and if he's very skilled, 7.
      The only thing that could ever be considered P2W would be the better properties of premium ammo which does give anyone using it an edge... but then, not like anyone sees that, never mind that it's perfectly possible to play and win without it.

    424. Re:Not on the disc by VAElynx · · Score: 1

      Ookay, just what am I missing , exactly?
      Company is happy for they make a profit (well, otherwise they wouldn't be making updates and overall being supportive to the community)
      I am happy, for I can play for free.
      Paying players I know are happy because for just a few bucks they can get premium and faster XP and credit gain that way.
      It isn't the free lunch, it's the basic principle of economy, where everyone participates in the transaction because they are getting more relative (sometimes perceived) value out of it than they are putting in.

    425. Re:Not on the disc by Anonymous Coward · · Score: 0

      Ah.. so when you resell the car, the trunk should lock, the A/C should stop working, and the gas mileage should drop from 27mpg to 21mpg.

      We want to keep the "premium" car experience to first purchasers.

      Now that you mention it, most of the times you buy a second hand car, the mileage/horsepower has dropped, and there are a few rattles ...

      So the car analogy actually holds for what is happening - users who buy a second-hand product get the second-hand experience.

    426. Re:Not on the disc by Maxo-Texas · · Score: 1

      That's more equivalent to buying a DVD which has seen several owners and has scratches.

      Same thing will eventually happen to the physical copy of the game as well. It will break due to age and use eventually. And then you must buy another copy.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    427. Re:Not on the disc by Anonymous Coward · · Score: 0

      But then: "Manlobbi comes and takes all your posessions."

    428. Re:Not on the disc by Anonymous Coward · · Score: 0

      I think you need to take a look at the license agreement you have for one of your games. You'll see that it says you don't own the game or the media its on. You purchased the ability to use the game only and by opening the box you accept the contract that is in the license. If you give that game to someone else the license to use the game is not transferred.

      For years companies have not had good ways of enforcing this but now with services like steam they do which is why they are going to be using them more and more.

    429. Re:Not on the disc by solidraven · · Score: 1

      Mirror, mirror on the wall...

    430. Re:Not on the disc by Coren22 · · Score: 1

      I do remember when I played that the Lowe was pretty good. It wasn't near as good as tanks of the same tier, but it was way better than lower tiers.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    431. Re:Not on the disc by uninformedLuddite · · Score: 1

      I wish I had mod points. The game is a complete SP experience with DLC for those that bought the game early on soon after release.
      If this DLC should be for buyers of the used game too then how long should the developer keep the DLC servers up and running? 1 year? 2, maybe 5? Jesus, /. has become a place full of whinging mindless fuckwads these days. Maybe a LOL might get me a +5 insightful.

      --
      The new right fascists are bilingual. They speak English and Bullshit.
    432. Re:Not on the disc by symbolset · · Score: 1

      You haven't understood the work. Read it again. Don't watch the movie and pretend that's as good. Open the book and read every word.

      --
      Help stamp out iliturcy.
    433. Re:Not on the disc by symbolset · · Score: 1

      You're ill and don't know it. The sectarianism was a clue. Read more for a cure.

      --
      Help stamp out iliturcy.
    434. Re:Not on the disc by solidraven · · Score: 1

      Eve takes more time than I have these days though.

    435. Re:Not on the disc by VAElynx · · Score: 1

      Uhh.. that's a pretty low standard for being "so much better". After all, with the exception of SU-5 artillery, I can barely think of any vehicle that's worse than the one tier below it.

    436. Re:Not on the disc by solidraven · · Score: 1

      Actually I am very much talking about legally purchased games. Battlefield 2 for example I have to install with a network drive for some lame reason. Same for Battlefield 1942 for that matter (and that one refuses to start due to the copy protection on certain 64 bit systems, and don't claim it's the graphics card driver cause it really isn't). Same story with loads of other games from big publishers. Additionally requiring an internet connection to play is the most annoying thing ever if you're forced to use a software based VPN. So I am very much talking about legally purchasing games.

    437. Re:Not on the disc by Anonymous Coward · · Score: 0

      Your missing the point of the big developers- they want:
      ->The game to be over immediately (so that you can buy the NEXT game)
      ->To appeal to the largest demographic (Ie- make the game stupid easy, format it for consoles and port to PC, no death penalty) so that
      ->To charge MORE (after adjusting for inflation) for the same effective product with the same amount of development as what they released last year
      ->They do NOT want you to resell it.

      Now the reasoning is simple, pure, unadulterated greed. But the interesting part is that, the whole campaign against pirates, has nothing to do with pirates, and everything to do with the used game market. See the issue is; games that only have an 8 hour playtime and are so non-difficult that you can do them in two days of casual play are ideal for reselling; first guy pays the 'in first' tax, everyone else pays what is essentially a rental fee to get the game for a week or two and then sell it back- with the games reappearing on shelves within days of release due to the first three reasons, and 'last years' games selling for pennies on the original dollar due to the lack of orriginality if they don't stop the used game market their new 'model' falls apart, because only 5% of the people who would eventually buy the game end up giving them money (because the game is quick, easy, and has no replay value, so ends up on the shelf for the next guy).

      So- they could, make games with more re-playability, make longer games, make more epic games, etc (and make less money; because building a good game is hard, and even if you DO build a good game, no one is going to want good game look alike v2 the very next year); or they could carefully launch a strategic strike against 'piracy' that has the 'side-effect' of destroying the used game market and keep the existing money making scheme and not invest any additional effort.

      Some companies do not do this; buy stuff from them ignores those that do.

    438. Re:Not on the disc by trdrstv · · Score: 1

      All they have to do is sell the games cheap and DRM-free to turn pirates into customers.

      You do know the Humble indie bundle was pirated even though you could set your own price, and that even some of the people who bought it, paid a dollar or less for it. Simply put, there's too many Eurotrash and Second World pirates out there who simply aren't willing to pay for ANY intellectual property.

      Any yet they are now pulling in over 2 million dollars every time they do one and for (mostly) games that have limited to know advertising budget and no built in audience. They are also typically older games at the "long end of the sales cycle" where sales dollars are sparse. So despite having some content pirated, they also made a bunch more money than if they hadn't done the HIB... it's about profit maximization.

    439. Re:Not on the disc by thejynxed · · Score: 1

      You've obviously never run across Safedisc 5 (or later) when it decides it doesn't like your computer for some reason.

      There's other examples from the past...such as Starforce, which did all kinds of nasty things if it thought your drive was a CD/DVD burner.

      --
      @Mindless Drivel: 100% of Twitter posts ever Tweeted.
    440. Re:Not on the disc by chris1403 · · Score: 1

      One slight difference I see between the sale of used games and your examples is that a used video game (especially in license form) is in the exact same quality no matter how long time has been and how many hands it goes through. A car that you've driven for a while has degraded in quality and possibly taken X amount of wear and damage. I know discs can wear out, but it's only the vehicle by which the actual product is conveyed. A Steam game is a pretty clear example of this, I think. Not that it justifies what game companies want, but...it's not EXACTLY the same kind of situation here.

  2. Why yes it is. by sethstorm · · Score: 4, Insightful

    Is that wrong? if so please tell me how

    There's nothing wrong with wanting to make a profit. There's everything wrong about withholding product and lying about it.

    --
    Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
    1. Re:Why yes it is. by Telvin_3d · · Score: 3, Insightful

      I don't think they are lying about anything. They are being very clear in what they are doing and why they are doing. People are not happy with what they are doing, but I don't think deception is involved.

    2. Re:Why yes it is. by Requiem18th · · Score: 5, Insightful

      Actually yes. It involved deception. When you buy a game, there is a reasonable expectation that you will be able to play everything that is in the disc. More over, there is an expectation that you will get a "complete experince".

      It's kinda like if you bought out The Dark Knight only to find that the last 15 minutes are locked by a subscription system. Or like going to see a movie and then just before the last part the managers ask you for an extra fee to see the end.

      This is the kind of thing that you would expect to be informed beforehand. So while it isn't a crime, it deserves all the backslash it can get, I hope you are not suggesting that the gamers should shush about this.

      --
      But... the future refused to change.
    3. Re:Why yes it is. by nabsltd · · Score: 3, Interesting

      I don't think they are lying about anything. They are being very clear in what they are doing and why they are doing.

      Do they clearly state that when their activation/DLC servers are turned off, you will no longer have access to the complete game you paid for unless you are still using the original install? Because, that's how this works.

      Once you activate the content using the code on on the package, that code is no longer valid. So, that first install is the only one with the full content available.

    4. Re:Why yes it is. by Anonymous Coward · · Score: 0

      The only ones who have lied about anything have been the terrible inaccurate posts on mainstream tech sites about this. They've been totally honest that this is Day 1 DLC that they are giving people who buy the game new for free, and charging used buyers for. How is this dishonest? Day 1 DLC is totally fine to complain about, it's stupid and they should always ship content ready to go with the game as it goes out rather than making it Day 1 DLC. But complaining that they're giving new buyers that content FOR FREE? They're doing you a favor if you plan to buy the game new, and they're withholding nothing of the main game if you don't. You've GOT to be kidding me that this is still being bitched about after they've explained it time and time again. It REALLY sucks because everything we've seen and played (and IGN's in-progress review even) indicates this is a great game worth your time and money. But misguided d-bags believing everything they read on /. are going to "vote with their wallets" over the fact that 38 Studios is giving free DLC to new buyers accusing them of "locking out" content that DOES NOT EVEN EXIST ON THE DISC.

      God I hope this shit blows over and we can all enjoy the game and our FREE DLC when the game comes out. I hate having to deal with all the BS politics when talking about games. "Sure Skyrim is great but man that lag they screwed over PS buyers so we should hate them!" "Sure Amalur is great but they gave away free DLC as an online pass so we must hate them and not talk about the actual game!"

      Fuck. This. Shit.

    5. Re:Why yes it is. by Anonymous Coward · · Score: 0

      They gave the right to try and make as many dollars out of it as they can until they start to infringe upon my rights. So fuck it I will pirate it even though I never heard of it and wont ever play it.

    6. Re:Why yes it is. by Solandri · · Score: 2

      Conceptually, it's kind of a new type product. Something which you can use, but can't resell. In MMORPG terms, it's an item which binds to you upon pickup, so you can't sell it or even give it to anyone else.

      Yes they're not lying about it. But since it's a new concept, if they don't make clear in great big letters on the box that it's not transferable, then it will be deceptive. At least until such items become commonplace enough that customers know enough to check whether the game is the transferable type or the binding type.

      Also, if prices in MMORPGs are any guide, Shilling should take note that items which bind typically sell for 1/10th the price of the "real" thing or less. That is, when buying the "real" thing, people expect to get about 90% of the purchase price back on the resale, and value possessing the thing at only 10% the price they pay.

      So if he's expecting to get anywhere near as many sales of these crippled games at uncrippled prices, that's a pipe dream. My own guess, based on the used price being about half the new price, would be they'd have to drop the retail price to half or a third in order to get as many sales as the unrestricted version at $50-$60. Unless they're deceptive about it and hide the fact that it's non-transferable, in which case they're going to trick a lot of people into paying $50-$60 thinking that they can resell it later.

    7. Re:Why yes it is. by Anonymous Coward · · Score: 0

      When you buy a game, there is a reasonable expectation that you will be able to play everything that is in the disc.

      There may indeed be that expectation, but whether or not that is "reasonable" is a matter of your opinion.

      More over, there is an expectation that you will get a "complete experince".

      And that I will flat out disagree with. They've made no secret that some content is not available without paying for it, and it's nothing new at all.

      It's kinda like if you bought out The Dark Knight only to find that the last 15 minutes are locked by a subscription system.

      No, it's like if you bought the Dark Knight and there is an offer where the store will let you watch a Director's Cut edition with an extra 15 minutes of footage not included in the Theatrical release... but only if you bought it from them. If you buy a copy from a Pawn Shop and show up at the Retail Store, they don't have to let you watch jack shit even if the copy was originally purchased from them.

      Or like going to see a movie and then just before the last part the managers ask you for an extra fee to see the end.

      No, it's like going to a movie where there's a special Trailer (you know, at the end where a trailer is supposed to go) but only if you bought your ticket at the time of showing. If you bought it from a scalper outside, they don't have to let you watch the special trailer.

      This is the kind of thing that you would expect to be informed beforehand. So while it isn't a crime, it deserves all the backslash it can get, I hope you are not suggesting that the gamers should shush about this.

      I'm not suggesting gamers should shush about it. I think they should be pissed, but for the right reasons. Not because of anything related to reselling used shit.
      Be pissed about shitty DRM. Be pissed that the content isn't all included at once, instead of this nickel-and-dime bullshit they pull. And show that you're pissed by NOT buying ANY of their bullshit. Because no matter how pissed the community gets, as long as they continue raking in massive quantities of cash the message is clear- the consumers who matter don't have enough of an issue to stop buying, and that is all that really matters.

    8. Re:Why yes it is. by MrMickS · · Score: 1

      How is this different to buying the version of Battlefield 3 that included a voucher for the first DLC for free?

      I guess that was multiplayer DLC but even so the concept isn't a new one.

      --
      You may think me a tired, old, cynic. I'd have to disagree about the tired bit.
    9. Re:Why yes it is. by Goboxer · · Score: 2

      Your comparison to The Dark Knight is flawed. It would seem the DLC you get when you buy the game is not needed for the completion of the game. The last 15 minutes of the movie are required for the completion of the movie.

      A more apt comparison is you've bought a movie used, expecting there to be special features. Then it turns out you have to pay extra for those special features. Had you bought the movie new they would have given you a code so you could go download the special features free of charge.

      It's not exactly a business model I would endorse, but it's hardly pilfering the pockets of orphans. I just prefer not to deal with DLC at all. If a game is too pricey or relies too heavily on DLC, I don't buy it. If it shows up later on sale and/or with the DLC included, then I consider buying it.

    10. Re:Why yes it is. by Svartalf · · Score: 1

      It's because the DLC in question wasn't integral to the game's enjoyment in single-player mode. It was an extra inducement to buy new and that's all it was.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    11. Re:Why yes it is. by Theaetetus · · Score: 1

      Actually yes. It involved deception. When you buy a game, there is a reasonable expectation that you will be able to play everything that is in the disc. More over, there is an expectation that you will get a "complete experince".

      It's kinda like if you bought out The Dark Knight only to find that the last 15 minutes are locked by a subscription system. Or like going to see a movie and then just before the last part the managers ask you for an extra fee to see the end.

      This is the kind of thing that you would expect to be informed beforehand. So while it isn't a crime, it deserves all the backslash it can get, I hope you are not suggesting that the gamers should shush about this.

      ... I'm not sure you actually read the article. "Everything that is in the disc" is playable by someone who purchases the game used. It's kinda like if you bought out The Dark Knight and it plays perfectly, including the last 15 minutes. Or like going to see a movie and you get to watch the entire thing.

      What you don't get is additional DLC for free. It's kinda like you get The Dark Knight, but you don't get the expansion pack where you invade the Joker's hideout unless you buy that expansion pack separately. Or like you get to see a movie, but you don't get to see a half hour collection of Pixar shorts unless you buy a ticket for that second showing.

      Furthermore, what you suggest actually would be a crime. So, not only are you incorrect about what's occurring, you're incorrect about what your hypothetical situation would mean.

    12. Re:Why yes it is. by DreadPiratePizz · · Score: 1

      A more apt comparison is you've bought a movie used, expecting there to be special features. Then it turns out you have to pay extra for those special features.

      They are actually doing this in the film industry. I rented Fast Five, and tried to access the special features. A dialogue popped up explaining this was only for the retail disc, not the rental one.

    13. Re:Why yes it is. by PoopCat · · Score: 1

      The business model is not under dispute; the (apparent) lack of transparency in selling the product _is_. Consider:

      Game A (one-time extra charge for unlockable content): "Buy this game! It's awesome! You will have fun! Comes with extra stuff!"

      Game B (carries extra charge per owner for unlockable content): "Buy this game! It's awesome! You will have fun! Comes with extra stuff!"

      In both cases, the first purchaser expects to be able to sell the entire game, including the extra content, based on how the game is packaged. At no time is the first-time purchaser made aware of the fact that game B will have lower resale value than game A (for otherwise-identical games) - and *that* is the issue here - the expectation that a purchase is fully transferable. If game B's packaging had a small asterisked footnote - something like 'per-owner charge applies for extra stuff' then at least the first-time purchaser is informed about what is being purchased

      In your used movie analogy, unless the DVD specifically mentions ON THE OUTSIDE of the case that special features cost extra for each owner of the physical disc, then I expect most people would presume that the special features do not cost extra - and the same should be true of games. Without that notice on the external packaging of the product, the first-time purchaser is being (some would argue deliberately) misled.

    14. Re:Why yes it is. by scurvyj · · Score: 0

      Spot on. And they aren't going to survive this, they are delusional if they think they are.

    15. Re:Why yes it is. by Requiem18th · · Score: 1

      So, when I first joined the discussion without R'ing'TFA as per tradition, I was under the impression that the locked portion was integral to the plot. However it seems the content is on disk, not DLC, and yes it makes a difference, it reeks to much like those read-once books you see in distopian novels.

      The situation is really lamentable. My parents inherited tons of books from my grandparents, my parents added more books of theirs and also a lot of vynil discs, and cassete tapes, and I'm going to pass on a lot of game catridges and CDs to the next generation. This is the family library, and not only it looks nice, it is actually one of the foundments of society.

      My childs won't inherit anything to my grandchilds. Anything that I didn't give them at least. They won't have anything to claim their own, at least culturally. You can still see my first save file in my catridge of Zelda a Link to the Past. My grandchilds will inherit a Google+ account with a license to play an encrypted copy of Skyward Sword and even that account will lock up when behavioral filters detect the user isn't authentic.

      But I disgress.

      So, yes users shouldn't be locked out of content already on disc, I do think it makes a difference between DLC and locked content on disc. For reference, Rockstar was accoused of distributing porn for a tasteless minigame that was locked and coundn't be unlocked in any way except by hacking. If distributing locked, secret content still counts as distributig it, then selling me locked content still means I bought such content and reserve the right to unlock it at my discresion.

      --
      But... the future refused to change.
  3. Don't buy by Anonymous Coward · · Score: 1

    Well, the way to get back at the game company is to simply DON'T buy the game.

    1. Re:Don't buy by Midnight+Thunder · · Score: 1

      Sure, but this problem is only affecting the second hand market. For the games company it is as if they didn't make that second sale anyhow. How is withholding that second purchase going to make any difference?

      I am not sure I can offer a good alternative to the current situation, but trying to play the game in five years will be a problem, unless they offer a solution to unlock after a certain date. I don't know whether price point could be changed or something else could be done to make things more appealing to the first hand market?

      --
      Jumpstart the tartan drive.
    2. Re:Don't buy by SecurityGuy · · Score: 5, Insightful

      Sure, but this problem is only affecting the second hand market. For the games company it is as if they didn't make that second sale anyhow. How is withholding that second purchase going to make any difference?

      Because it diminishes the value of the product to the original buyer. I don't buy many secondhand games and never sell them back, so I'll use an example for something I would buy: a decent mac laptop. They're not exactly cheap compared to the Wintel ones, but they have great resale value. I may not want to spend $1k on a laptop, but if I can buy it use it for a year and sell it for $800+, I'm no longer asking myself "Do you want to spend $1k?" It's become "Do you want to spend $200 to have this for a year?" The fact that I can sell the thing easily makes me a willing primary buyer.

      ObCarAnalogy: It's as if when you buy the car, you can never sell it. You can blow it up, you can park it in your garage, you can cut the top off and plant plants in it, but you can never sell it. Suddenly cars have become very, very expensive for people who only keep them for a year or two. Those people will start buying fewer cars.

    3. Re:Don't buy by hairyfeet · · Score: 1

      Sadly that doesn't work thanks to what I call "PPT math" which goes like this: say you boycott the record industry like i have, you just buy from indies and don't pirate. well Mr record company brings a PPT in to congress and says 'Now with this slide you'll see we had X from last year and by our calculations we should have had X+Y in sales yet we didn't. it has to be the ebil pirates!" and they get another nasty law passed. with games they'll simply bring in a PPT and say "With this slide you'll see how many console titles we sold. Now since the game did X and there are Y number of gamers on PC why it goes to follow that a massive hit like this should have had X+Y sales but we didn't, Those ebil pirates robbed us of our precious OMFG!" and get another nasty law passed.

      You see its a classic "heads i win tails you lose' situation because no matter what you do unless the answer is "Buy their game" then you're a pirate. Look at the record companies who even though have been posting record profits broke out their PPTs which showed they would have been breaking every record if it wasn't for those filthy pirates. We've seen the billions and billions they keep pulling out of their ass to use in PPT math but no matter how many protest or put on the Amazon reviews 'Don't buy this, its got nasty DRM!" and get others to stay away PPT math says you're a pirate, so that is that.

      sadly the guys at XKCD nailed this years ago. Notice how no matter which way you go it ends with you called a pirate? that's the beauty of PPT math, either way the cartels win. so if they are gonna call you a pirate no matter what you do you might as well be one right?

      --
      ACs don't waste your time replying, your posts are never seen by me.
    4. Re:Don't buy by Patch86 · · Score: 1

      Roger that. I've added both this game and this studio to my mental list of ones to avoid.

      It's not different to Spore, really. I really wanted to play Spore. I still do. But that slimy weasel move of limiting you to a set number of "uses" of the software meant that I never did. I'm not paying £30 for something I can only use 3 times, when traditionally £30 gets me a game for life. Blacklisted- and EA in general are on my "soft blacklist", of ones to avoid if I can be bothered.

    5. Re:Don't buy by Gideon+Wells · · Score: 1

      Knee-jerk reaction.

      They are doing this because they aren't getting any money from the game. They got their money from the new buyer. This is targeted towards used buyers. I'm waiting for one of these gaming companies execs to slip one day and equate used game buying to pirateing, because to them it is effectively the same thing. You are getting the game for "free" in their eyes.

      Expect it because that is what is going on here. Games are software. We don't see mass anger over not being able to buy/sell PhotoShop, Windows version X, Final Cut Pro second hand. Those were all pure software for a long, long time in relativistic terms. Except for illegal roms, and the often ignored PC market, gaming has and still is dependent on physical medium that can be perceived as transferable item.

      This isn't a new battle. Just a new front that has opened up thanks to game consoles getting on-line and having hard drives.

      --
      by Anonymous Coward: I, for one, welcome the shift from car analogies to pizza analogies. um.. overlords?
    6. Re:Don't buy by Anonymous Coward · · Score: 0

      I'm going to tell you how this effects them. I play on PC, which means that in this case I wouldn't be effected by this particular DLC shenanigan, however I don't like what I read which means that they earned badwill I'm sure they could do without as they are now permanently on my shitlist along with Ubisoft (another company which through simple hamfistedness has alienated me). And I'm not one of those fail-boycotters, and I'm sure there are a growing number of adult gamers who are comming around to the same conclusion; this is the only way to have either "liberty of death!" for the games market.

      Alienating even potential customers is stupid, but if that's the way they want it I'm happy to oblige - even if all game developers were to close tomorrow I'd seek my entertainment elsewhere, primary the public library - which I haven't even visited since I moved last (and that won't even cost me say, 50€ a month).

    7. Re:Don't buy by Anonymous Coward · · Score: 0

      erm, that should have been an "...or death" but I suppose there's some kind of liberty in death...

    8. Re:Don't buy by Anonymous Coward · · Score: 0

      If the stores can't sell the game second hand (or are forced to sell it at a vastly reduced price to account for the required after sales DLC purchases) then that absolutely does affect the original purchaser. Lots of people buy games factoring in the money they will get back when they sell it on - for them it's almost a rental, they buy the game for £40, play it for a week then exchange it for £35 off the next game. Gut that market and people will be forced to think twice about whether they want to buy your game at all if they're buying it for £40 but can only trade it for £15. Greed over getting a slice of the used game market is behind this, and if there's any justice they would end up significantly hurting their primary income (i.e. new games) as a consequence.

    9. Re:Don't buy by delinear · · Score: 1

      The alternative that gets around this is that you actively seek out and support the games studios that aren't using these tactics. Then, overall, the size of the market is consistent from year to year, but the bottom feeders in the market get a sharp wake-up call about how they need to do business. The difficulty is finding games that don't rely on these tactics. I'd love to see a webservice that provides just this kind of information to help inform customers when buying games (with filters - "show me: only games that don't have one-time use, point of sale DLC, DRM, etc").

    10. Re:Don't buy by Coren22 · · Score: 1

      Further car analogy: Ford makes no money on resell, so they decide to sell a license to be able to fuel the tank, it is included on the first sale, but a resale has to pay for a new license, it has diminished the resale value of the car by the amount of that license.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
  4. "Is that wrong? if so please tell me how" by Anonymous Coward · · Score: 5, Informative

    First sale doctrine. QED.

    1. Re:"Is that wrong? if so please tell me how" by exomondo · · Score: 1

      First sale doctrine. QED.

      It's been done in such a way that you can still sell the original product, you just can't sell the non-transferable license to the day 1 DLC. Certainly a dodgy way of doing it.

    2. Re:"Is that wrong? if so please tell me how" by MachDelta · · Score: 5, Insightful

      If Ford started selling the key to your car as a "free" app for your smartphone, but anyone buying that same car second hand had to shell out $1500 for a new "key," how long do you think it would take for before either a) congress enacts a law outlawing the practice, or b) FoMoCo's HQ is burnt to the ground?
      Or c), GM, Chrysler, VAG, Toyota, Honda, Subaru, BMW, Mercedes, etc all start doing it too and everyone just accepts it as the new norm. Because, sadly, "c" is where the video game world is headed.

    3. Re:"Is that wrong? if so please tell me how" by Anonymous Coward · · Score: 0

      So right. I hope this CEO reads /. too and reads a wider opinion. If I buy a used table, the store don't saw the legs off before handing it over to me. Same thing. Disclaimer: I am not a "gamer", but this is one of the many reasons why I am not. One has to ask, if they play detective for "used" copies, then what ELSE is their software accessing / doing on my system?

    4. Re:"Is that wrong? if so please tell me how" by Mabhatter · · Score: 1

      But that's the point really. Those industries have TRIED that. Introducing patented mechanis tools and then trying to use the DMCA to keep you from repairing your own car... Congresscritters own lots of CARS so it was was easy for them to grasp when their local mechanics couldn't fix those cars.

    5. Re:"Is that wrong? if so please tell me how" by Anonymous Coward · · Score: 0

      When you buy a car, you then normally own the car.

      When you buy a game, you normally have only bought a license to the game. You do not own the game.

    6. Re:"Is that wrong? if so please tell me how" by symbolset · · Score: 1

      This is use of technological means to defeat the first sale doctrine. I'm going to have to agree with those above: "so don't buy it." As long as it's clear upfront that the residual value of the used game is zero and they buyer understands that restriction when they buy the content, then it's OK.

      If this is an after-the-purchase thing though, they owe everybody that bought the game originally the residual value of the used game. That's the cost of shifting to this after launch.

      If they've made promises, they must be kept.

      --
      Help stamp out iliturcy.
    7. Re:"Is that wrong? if so please tell me how" by Uberbah · · Score: 4, Insightful

      When you buy a game, you normally have only bought a license to the game. You do not own the game.

      Because some industry hack told you his wishful thinking and you lapped it up? I'll sell you a controlling interest in the Brooklyn Bridge at a discount rate...

    8. Re:"Is that wrong? if so please tell me how" by spire3661 · · Score: 1

      You own a physical manifestation of the license, the disc.

      --
      Good-bye
    9. Re:"Is that wrong? if so please tell me how" by jamesh · · Score: 1, Insightful

      First sale doctrine. QED.

      I find it humorous that people talk about "an idea is not property", "information wants to be free", and "you can't own an idea", but then cite "First Sale". I'm sure they're not the same people but it still seems a bit silly.

    10. Re:"Is that wrong? if so please tell me how" by Anonymous Coward · · Score: 0

      When you buy a second hand car, you pay stamp duty (at least here in AU), which is a tax directed towards paying for the infrastructure used by cars and their owners.

    11. Re:"Is that wrong? if so please tell me how" by giorgist · · Score: 2

      Actually ... this is close to already the case. If you buys a car you get free keys thrown in. Try loosing one of those keys. I had to replace my Mazda 3 key. $700 later I had a shiny new key. At this point, I can sell the car with the key so we are not quite there yet ... but we are close

    12. Re:"Is that wrong? if so please tell me how" by Anonymous Coward · · Score: 0

      That is a terrible car analogy.
      It would be like selling the radio separately. The damn game still works, it isn't impossible to use anymore.

      +5 my ass. Did you people even read, or are you just being overly-mad like always?

    13. Re:"Is that wrong? if so please tell me how" by makomk · · Score: 2

      A copy of a particular piece of information on a nice shiny round disk is pretty clearly still property even if the actual information or idea isn't.

    14. Re:"Is that wrong? if so please tell me how" by Anonymous Coward · · Score: 0

      "If Ford started selling the key to your car"

      this is a crap argument. cars cannot be duplicated by hitting ctrl-v. first sale doctrine makes sense when the nature of the object inherently prevents duplicate. the sole unique property of digital media is its ability to be infinitely and flawlessly duplicated, which throws a real monkey wrench into this line of reasoning.

    15. Re:"Is that wrong? if so please tell me how" by delinear · · Score: 1

      I'd be fine with a system whereby the person selling this to the customer in the gameshop has to verbally explain and the website selling this online has to prominently explain that this game has a significantly reduced resale value.

    16. Re:"Is that wrong? if so please tell me how" by Anonymous Coward · · Score: 0

      A new car buyer often gets perks with their purchase of the car, such as free oil changes at the dealership for 1-2 years, free maintenance, etc. that are not part of the warranty. These perks are usually non-transferable. In-box DLC is no different. It's a perk for first buyers. It's not part of the main products, and used-buyers can still obtain it for a small fee (much like the used car buyer has to pay for their own regular maintenance).

    17. Re:"Is that wrong? if so please tell me how" by GameboyRMH · · Score: 1

      I just go to the hardware store and get my keys copied for a few dollars...

      But imagine if Ford's TracKey required a fingerprint scan to work, that would be more like it.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    18. Re:"Is that wrong? if so please tell me how" by SpanglerIsAGod · · Score: 1

      That means you have an old school keys. Modern keys have a Chip built into them, without which the car wont start. Even more modern "keys" are just an RFID chip or some such that you don't even take out of your pocket.

      --
      War doesn't show who is right - just who is left.
    19. Re:"Is that wrong? if so please tell me how" by DeadCatX2 · · Score: 1

      The original product includes the license to day 1 DLC. The fact that you cannot sell this license along with the game should be a violation of the first sale doctrine. Without the ability to sell the DLC with the game, you lose the ability to sell the original product second-hand.

      It should be legal for you to create an account linked to the game and to sell the account along with the game.

      --
      :(){ :|:& };:
    20. Re:"Is that wrong? if so please tell me how" by exomondo · · Score: 1

      If Ford started selling the key to your car as a "free" app for your smartphone, but anyone buying that same car second hand had to shell out $1500 for a new "key," how long do you think it would take for before either a) congress enacts a law outlawing the practice, or b) FoMoCo's HQ is burnt to the ground? Or c), GM, Chrysler, VAG, Toyota, Honda, Subaru, BMW, Mercedes, etc all start doing it too and everyone just accepts it as the new norm. Because, sadly, "c" is where the video game world is headed.

      No, because that's not what it is at all. It's just the day-1 DLC that comes with the game that you cannot use, so it's more like buying a second-hand car that originally came with a concierge service, but then finding that the concierge service is only available to the original owner. I don't agree with it, but your analogy is way off.

    21. Re:"Is that wrong? if so please tell me how" by exomondo · · Score: 1

      The original product includes the license to day 1 DLC. The fact that you cannot sell this license along with the game should be a violation of the first sale doctrine.

      Legally the issue centers around whether the copy is sold or licensed to the user, if it is licensed then obviously the first sale doctrine doesn't apply. IANAL and I think what they are doing is pretty shifty, if you feel particularly strong about the issue I'd recommend taking it up with the EFF, or at least contacting them to find out what their position on it is.

    22. Re:"Is that wrong? if so please tell me how" by toriver · · Score: 1

      When someone sells their particular copy they are not making any new copies. Copyright does not limit what non-copying acts an owner can do with their copy. I can toss a book I buy into the fire, and neither author nor publisher can stop me on any legal grounds.Same when I sell it: There is no copying taking place, so copyright does not enter into the picture.

      The problem with these one-time codes tied to service accounts is that they are inherently non-transferable, while the box will still say on the front "contains DLC code" which after it has been used becomes a lie, should you sell your copy.

    23. Re:"Is that wrong? if so please tell me how" by Anonymous Coward · · Score: 0

      Exactly. It's like that "driving is a privilege" crap some people trot out. You hear the lie often enough and most idiots willingly repeat it unchallenged.

      Book publishers tried this "license to use" garbage first-- that's where the first sale doctrine came from. It specifically invalidates some strong language against lending and reselling that publishers used to try to pass off as fact. Here we are fighting the same battle.

  5. I'm never missing gears... by Anonymous Coward · · Score: 0

    I see their point however the methods are still misplaced. If I buy a used car, It's not like I can't use Gears 4 and up.

    1. Re:I'm never missing gears... by SEWilco · · Score: 2

      I see their point however the methods are still misplaced. If I buy a used car, It's not like I can't use Gears 4 and up.

      Maybe you can't if you don't renew your OnStar service. Did you read your contract?

  6. Yes, it's wrong by BLKMGK · · Score: 4, Insightful

    They are preventing someone from having anything of value to sell after they are done with it. Perhaps if the game didn't cost so much in the first place it would have less value used and more would buy it new - what a concept. I don't buy too many games these days but I play many older ones and some online games. It's stunts like this that would prevent me from buying this game new OR used. $50 and $60 dollars per game is crazy and has greatly curtailed my desire to buy. Between crappy DRM that makes my life hell and is now starting to limit even hardware changes to publishers pulling crap like this to ensure I cannot resell any game I buy I simply have no stomach to purchase their crap. Let them go bankrupt and someone who values their customers more take their place so far as I'm concerned....

    --
    Build it, Drive it, Improve it! Hybridz.org
    1. Re:Yes, it's wrong by TheRealMindChild · · Score: 1

      Bad editing on my behalf. Hate accordingly.

      --

      "When life gives you lemons, don't make lemonade. Make life take the lemons back!" -- Cave Johnson
    2. Re:Yes, it's wrong by erick99 · · Score: 5, Interesting

      I am single dad with a single income but I have two teenage sons who like to play games. When something hot comes out like Gears of whatever, I buy a new copy. But for other games they wait until it's available used. I can't afford a new version of everything. I think that what they are doing is, at the least, mean-spirited.

      --
      http://www.busyweather.com/
    3. Re:Yes, it's wrong by Koby77 · · Score: 1

      These types of products with content lock and DRM should come with some sort of big warning label for consumers that you are not really buying the game. Essentially you're renting the software with an up-front one-time payment under the terms and conditions of the license. For the publishers to claim otherwise seems like false advertising to me.

    4. Re:Yes, it's wrong by jythie · · Score: 5, Insightful

      Not just mean spirited, but bad buisness. I am trying to figure out what box of cracker jacks these CEOs got their MBAs out of... various industries have encountered this for centuries, each has tried to wipe out the 'used' market because it felt they were not getting a good deal out of it, and they each tend to rediscover the same basic problem, the used market puts money into their industry and ads value to their products

      Stop used sales, and your product becomes worth less... one might get more of each sale, but the total number of sales tends to go down resulting in a net decrease of income. Sadly, new industries keep forgetting that there is more to a market then the immediate first order effects.. learning how things interconnect is important. grrr.

    5. Re:Yes, it's wrong by Anonymous Coward · · Score: 1

      Go look at your Soda, Candy and Chip aisle in the grocery store.

      Perhaps you've seen these new "110cal" cans that are 230ml instead of 355. Perhaps you've noticed Coke is only putting 10 cans in the Fanta fridge boxes, but 12 cans in the Coke and Sprite fridge boxes. Yet they are the same price. 25% less, same price.

      As far as games go, music, movies and books all have the same general problem. They sell content that has limited reuse, and much of this is because they are producing mediocre games (good god half these game companies should merge and produce better games, instead of producing two different games that only differ how buggy they are.)

      Music is the most reuseable. People will listen to the same music, or even the same song repeatedly until they are tired of it. If the music companies had their way, they would get paid every single time it's played. People balk at renting music, and are only willing to pay for all-you-can-eat music if everything is available. This is not, and has never been the case. I'll never pay for a music service unless I can get english, japanese and german music from the same service.

      Movies and books are the least reuseable, since they don't change between playback. This results in the perfect environment for renting or all-you-can eat services like netflix, because nobody is going to watch everything. But these kind of renting services again have the regional locking problem. I can't buy German or Japanese shows with a US iTunes account, so therefor I don't buy anything on iTunes. Piracy it is. That's the only way I can watch it on my devices. I'm more than willing to buy the original language version and then download a fansub "subtitle" file for it. The market for this unfortunately doesn't exist because there is no way to create third-party subtitles for DRM-encumbered media. Besides as far as the movie, television and eBook industry is concerned a translation is another copy to be purchased. So yes, you'd have to purchase download the original language version, and then pay the same amount again just for a different translation. The fansubbers have been ahead of the game since 1996.

      So where do games fit?

      Games are highly-reuseable. That means that games designed with more than 16 hours of gameplay are not rentable. Multiplayer games can't be rented either since it reduces the player base. Dingdingding I think we have an answer. Stop producing single-player offline games. However this incurs support costs that most of these game companies are not willing to bear. The solution? Just stop treating the customers like thieves. If people are really going to be playing the game, then they should have no complaints in downloading patches and free DLC. But this is not always the case. What do you do when the game company no longer exists in 10 years, which has been the case for every company out there. I dare you to try and find patches to Origin's Ultima and Wing Commander games on EA's website. Try and find the patches for the Sierra games after they were merged with Vivendi, and then Activision.

      Oh hell try and even find drivers for any piece of hardware made before PCIe.

      You see where I'm going. It's the not the game's fault that technology changes. Unlike Music, Movies, and eBooks, which change very little with media shifting. Games copyright protection schemes that are tied to hardware ALWAYS fail. Gamers have a reason to be skeptical. Many old games are only available in pirated/cracked versions because the original source code has been lost (see both Sierra and Origin) however copy protection that involve the game's manual still works... because copying the manual is easy (see the exception of "color code wheels" used in Binary Systems Starflight game, the map in Starflight 2, and the code wheel used in "Out of this World")

      Ultimately what game companies should be doing is releasing games, complete, as a patchable "image", that self-check that they have not been modified before engaging multiplayer. Game "mods" should be ad

    6. Re:Yes, it's wrong by VAElynx · · Score: 1

      Uhh....
      Where exactly do you see the much more content? I kinda haven't noticed, what with games these days mainly focusing on graphical fanciness.

    7. Re:Yes, it's wrong by VAElynx · · Score: 3, Insightful

      Correct.
      A lot of people will buy a game, mess with it, and if they get enough, or if they don't like it all that much , they'll pawn it.
      Take that away and they will become far more wary of what to pay for.

    8. Re:Yes, it's wrong by Anonymous Coward · · Score: 0

      Games offer so much more content than your random games of yesteryear

      Do they? What current game has more content than my old copies of Baldur's Gate, Final Fantasy VII and Beyond Zork?

    9. Re:Yes, it's wrong by Tastecicles · · Score: 2

      "BUY IT NOW!" on DVD and game ads *is* misleading. You're "buying" a revocable license to use the media in an approved device. I've been saying this for YEARS on /. and getting slated for it. Now it seems people are at last waking up to this most insidious truth.

      Some people owe me a fucking apology!

      --
      Operation Guillotine is in effect.
    10. Re:Yes, it's wrong by Zenin · · Score: 2

      What % of gamers resell their games?

      Of that percentage, how many will view the inability to resell a game a complete blocker?

      Is that number higher then the people who'd normally wait to buy it used (cheaper), but instead buy a new copy because that's the only option?

      I know when I buy a $60 game it's because I feel the experience I'm about to enjoy is worth $60. I don't think "Oh, it's only worth $20, but I'll get $40 back from selling it later so it's Ok".

      Or look at it this way:
      A new game goes on the market for $60-80. Over time the price tends to drop. If you feel the game is only worth $20 to you, instead of buying it for $80 hoping to sell it later for $60, you now just have to wait until the price drops. Either way you're paying $20 for your experience....the only difference is choosing to pay a premium for early access.

      Even if the "lower value" from not being able to resell the game hurts demand and subsequently causes the publisher to drop the price accordingly, it still means all sales income goes to the publisher and artists, rather then a hefty chunk being scrapped off the profits by the secondary market.

      --
      My /. uid is better then your /. uid
    11. Re:Yes, it's wrong by Phernost · · Score: 1

      I find business men the best at running a business into the ground. On the up side, after all the backlash, this game will hit the bargain bin fast. I wonder how much they make off a games that's hit $20?

    12. Re:Yes, it's wrong by arose · · Score: 2

      I think you missed the "used market puts money into their industry" part. Perception of value doesn't matter for that. Say low budget gamer has $100, they can either buy a new game for $60 and two used for $20, five used games for $20 or one new at $60 and two movies at $20. If they buy used, the money will go to other gamers who will buy games with it, if they buy movies the game company has lost that $40 until it cycles back to another gamer.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    13. Re:Yes, it's wrong by Patch86 · · Score: 1

      Go look at your Soda, Candy and Chip aisle in the grocery store.

      Perhaps you've seen these new "110cal" cans that are 230ml instead of 355. Perhaps you've noticed Coke is only putting 10 cans in the Fanta fridge boxes, but 12 cans in the Coke and Sprite fridge boxes. Yet they are the same price. 25% less, same price.

      16.5% less in the Fanta pack. 25% more in the Coke pack. [ /pedant ]

    14. Re:Yes, it's wrong by MrAngryForNoReason · · Score: 1

      Multiplayer games can't be rented either since it reduces the player base.

      Not sure where you got that idea from.

      You can rent multiplayer games in just the same way as single player games.

      You can also rent games that take longer than 16 hours to complete.

    15. Re:Yes, it's wrong by MrAngryForNoReason · · Score: 1

      But for other games they wait until it's available used. I can't afford a new version of everything.

      I can't afford to buy all the games I want to play either. Some titles that I really want I will pay full price for on release, all of the others I wait a few months until the price drops and I can pick them up online for £20 or less. Used prices in shops are often the same if not more than buying a new copy of the game online a couple of months after the game is released. When there is either no difference in price between new and used or a difference of £1-2 then I would rather pay that small fraction more and support the developers of the game, rather than the pawn shop mentality of high street game retailers.

      There are very few exceptions to this that hold their price for a long time, namely the Call of Duty series due to the amount of replay the multiplayer offers, but the used prices also stay very high so buying used is still barely a better option.

    16. Re:Yes, it's wrong by delinear · · Score: 1

      I don't know where you've been buying games the last 20+ years, but the way they increased cost during that time is by increasing the cost. A music album back then would have cost me about £7 - £10. Guess what, it costs the same today. A video of a Hollywood blockbuster would cost me around £10, the same as the DVD today. Meanwhile a triple A game title back then would have cost me about £10, today it's closer to £40. On top of that, the market is now huge compared to what it was back then, so not only is that 400% inflation, it's 400% inflation multiplied by a hell of a lot more expected unit sales. This is nothing to do with the poor game studio struggling to make a small profit in the face of rising costs - this is a greedy studio wanting two bites of the cherry. It's exactly the same greed the RIAA exhibit when they try to fight format shifting because they want to sell you the CD copy AND the digital copy as two separate transactions in order to get paid twice for the same content.

    17. Re:Yes, it's wrong by GameboyRMH · · Score: 1

      Games offer so much more content than your random games of yesteryear

      LOLWUT? Some of them, yes, but on average the amount of content in a game is roughly the same or perhaps decreasing. Unless you're counting all this DRM fluff which rarely adds value.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    18. Re:Yes, it's wrong by Anonymous Coward · · Score: 0

      cough...cough....wow. Walk in someone else's shoes for a minute. Just because you do not get the DLC for free does not mean there is "nothing of value" when they are done with it. Are you a politician? Oh yeah, you can sell it back to Gamestop for $5 and then they can charge $35 for it. How come all of you brilliant people are not mentioning that highway robbery?

      If everyone is so smart, then tell me how you are going to sell ANYTHING used once all games go to strictly download distribution?

    19. Re:Yes, it's wrong by jythie · · Score: 1

      Well, enough resell their games that some game companies are making a big deal out of it, so I would wager quite a few.

      Enough at least that it means games get into circulation that otherwise would not.

      Also keep in mind, there is no guarantee that the price will ever 'drop'. Some games get released at a lower price point, but many just stay at their high price or go out of production. Those 'price drop' usually IS the used game market, though that is probably why Steam generally does so well since it actually provides a lower cost 'later' market for games that have passed their initial cycle.

    20. Re:Yes, it's wrong by Anonymous Coward · · Score: 0

      Well to play devil's advocate... the average cost of games has gone down over the years too. Games have cost about the same in dollar amount over the years despite inflation

      And it's not like there weren't bad games made back then with little content and crappy gameplay. They're just forgotten because they're crap.

    21. Re:Yes, it's wrong by residieu · · Score: 1

      But when you resell that game, what are you going to do with the money from the resale? Most likely, you're going to put it toward buying another game. So you may not consciously think about tit when you buy the first game, but when you resell 3 games, rather than having to wait for your next paycheck to buy a game, you probably go right to the shelf and buy something right away.

    22. Re:Yes, it's wrong by Jiro · · Score: 1

      When CDs first came out, people noticed that they were overpriced compared to records and it was obviously because the manufacturers were charging a premium. That's the only reason CDs cost the same today--they were overpriced at the start and the price gradually went down via inflation reducing the value of the currency you use to buy them, while the actual number on the price sticker stayed the same.

      DVDs are similar, though not as many years of inflation.

    23. Re:Yes, it's wrong by Anonymous Coward · · Score: 0

      If you're on Slashdot you're among a group of people who on average have higher salaries and more disposable income. This is on average, don't stop reading just because it's not universally true. There are large segments of the market that don't normally show up and post on slashdot, these are the market segments that do think exactly how you claim not to. It's fine for you (me too) because disposable income is easy. I'll buy a book for 10 dollars rather than drive to the library and get it for free (of course if I need 10 books I may re-evaluate), this boggles the minds of some people, if only because they cannot comprehend the value of my time to the value of the 10 dollar book.

      So to people like you and me, sure it may not matter financially if the game is resellable as long as it's worth X dollars in gameplay. For others, however, both factors must be weighed.

    24. Re:Yes, it's wrong by Anonymous Coward · · Score: 0

      Tomorrow there is one less ravioli in your can, or your block of cheese is 20g less, however, you pay the same price. This is how they increase the cost of things.

      It has been said that capitalism produces the crappiest product that the majority will tolerate, sold at the highest price the majority will pay.

    25. Re:Yes, it's wrong by Zenin · · Score: 1

      Sure, if we ignore the substantial cut for the middle man (GameStop, etc) selling the used game.

      A used game for $20 didn't put $20 in some other gamer's pocket, more like $5, maybe $10. Just one more cycle and it's $1.25 - $5. That's not a whole lot to filter back up to a real game company and we've only cycled twice.

      Your argument is like saying buying a $20 concert ticket from a scalper for $100 puts money into the artist's pocket, because the scalper will use the windfall to buy more tickets. In both cases some of the money cycles back around...but only after a significant amount has been siphoned out of the system entirely.

      --
      My /. uid is better then your /. uid
  7. OK then. by The+Grim+Reefer · · Score: 5, Insightful

    companies are still trying to figure out how to receive dollars spent on games they make, when they are bought. Is that wrong? if so please tell me how.

    In my case they need to figure out a better way to receive my dollars. There's absolutely nothing wrong with what they are doing. It simply means that I will refuse to support their business by purchasing their products. If enough people feel the same way, then they will either find a way to stop treating people like shit and make money or go out of business.

    1. Re:OK then. by Doctor_Jest · · Score: 5, Insightful

      Well said. The problem here is, like Garth Brooks, some companies believe that used games are somehow the bane of their existence. I've seen games sell upwards of a million or more copies in a week, and how again is used killing them? Oh, it's out of their control. Something I don't care about.

      I know people use it all the time, but damnit, the First Sale doctrine is alive and well. If they want to "license" us a copy of the game, then we should be able to exchange media when ours is scratched by our kids playing frisbee. We should also be able to get a replacement if we break the disc. Currently, you're mostly shit outta luck with respect to the latter (and the former, but it varies by publisher.) But if they want this sort of licensing model (effectively killing used game sales), then they should be prepared for the consequences of their new model.

      Trouble is, they want (like the music and movie industry) to have it both ways. No need for them to uphold any sort of content licensing agreement, but if they want to squeeze you, the customer, about something like used games or DLC, then they want that power. Funny how companies are like that. :)

      And no, I am not interested in their game. They (and EA) have decided to make it difficult for me, so I will make it difficult for them to continue with this business model by NOT buying their games. Quite simply, if it's not "evil pirates" it's those goddamned "evil used buyers." I'm tired of fucking hearing it. Clamping down on your paying customers is NOT going to solve the infringement problem... nor is it going to garner you any goodwill, which once you lose, takes YEARS to get back.

      --
      It's the Stay-Puft Marshmallow Man.
    2. Re:OK then. by Anonymous Coward · · Score: 0

      companies are still trying to figure out how to receive dollars spent on games they make, when they are bought. Is that wrong? if so please tell me how.

      In my case they need to figure out a better way to receive my dollars. There's absolutely nothing wrong with what they are doing. It simply means that I will refuse to support their business by purchasing their products. If enough people feel the same way, then they will either find a way to stop treating people like shit and make money or go out of business.

      Voting with your dollars would only works if a huge number of people decided that enough is enough, but history tells people like being fucked by every single company out there.
      This company's crime is not trying to curb the used market, but getting caught.

    3. Re:OK then. by EdIII · · Score: 5, Insightful

      There's absolutely nothing wrong with what they are doing

      There is absolutely everything wrong with they are doing.

      I understand that digital delivery and games that can be played online has confused the issue, along with the persistent confusion over what copyright is.

      However, it is really this fucking simple:

      Customer purchased product from store.
      Customer owns product from store.
      Customer after some period of time sells product used to somebody else.
      Store already got paid, so they have no legal interest, much less moral or ethical interest, in the second sale.

      First Sale Doctrine covers this. Everywhere else in the physical world you cannot pull this fucking shit for two seconds without being called crazy greedy retarded sons of bitches.

      I have said before, and some of disagreed with me (they are wrong), but when you pay for copyrighted content you are granted rights in return for the consideration you paid. Part of that, is quite obviously, the ability to sell your copy. Traditionally in the past this was very easy to wrap your mind around with when it came to art and books, since they were physical items you could touch and pick up. Every single time a piece of artwork or book is sold the legal entitlements that came from copyright are transferred. It is completely legal, moral, and ethical to be able to do so. You own it, the physical medium and those rights.

      They can try all the EULA crap that they want. That does not make it right, or legally defensible in a court of law. Shilling is a greedy fucking dumbass who cannot understand why he cannot get a part of each and every resale in perpetuity. Quite simply, he is not satisfied with being legally compensated one time, but has major entitlement issues to believe (erroneously) that he has every right to be compensated when his customer sells the game to another gamer used.

      The fundamental problem being that Shilling does not want to understand copyright as it currently is, or what it was designed to be. Shilling, and other shitheads like him, only want to be part of a world where they have absolute control over every copy everywhere and that it always remains their direct property under their direct control at all times.

      Well fuck him, and fuck Microsoft with their 720. When I purchase physical mediums, or directly download copies of copyrighted content I will absolutely protect, by force if required, my right to transfer those rights to anyone I please for any amount of consideration I please.

      There is everything wrong with they are doing from every perspective you can think of.

    4. Re:OK then. by Anonymous Coward · · Score: 0

      Voting with your dollars would only works if a huge number of people decided that enough is enough, but history tells people like being fucked by every single company out there.

      This is why it's important to have consumer protection. Caveat emptor works in the favor of the few (the sellers), not the many (the buyers).
      If it were up to personal choice Ron Paul style, and not laws, We The People would gladly sign up for indentured labor if it would put food on our table and entertain us. Bread and circus means more to the plebs than right and wrong, and this hasn't changed over the last 2000 years.
      This is why we have laws like the first sale doctrine - the people are perfectly happy with being screwed, over and over again, with a blunt spruce.

    5. Re:OK then. by interval1066 · · Score: 1

      Its just another game I won't be buying. I don't need their game to thrive in this world.

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    6. Re:OK then. by Squiddie · · Score: 1

      Bravo, my good sir. Bravo. Couldn't have put it better myself. Yes, this confusion over digital downloads has gotten some people to form arguments against their interests. The "you don't own it, you just have a license" argument falls flat on its face once you realize that you both bought a product and were granted a license that is directly attached to the product. It seems that gamers no longer have a sense of ownership and think that it all should belong to game companies.

    7. Re:OK then. by Sir_Sri · · Score: 1

      Or they will make more money this route, baring used game sales, and not go out of business. You are assuming wrongly that they want you to give them 50 bucks and then have that copy resold 4 times during the rest of the month. They would rather cut the total number of copies sold in half and get paid for all of them than get paid for 20% of them.

    8. Re:OK then. by snowgirl · · Score: 1

      First Sale Doctrine covers this. Everywhere else in the physical world you cannot pull this fucking shit for two seconds without being called crazy greedy retarded sons of bitches.

      You uh... might want to check your facts? The First-sale doctrine doesn't necessarily to all IP, and it most certainly doesn't cover the whole world. As an example, for artistic works, the EU has Droit de suite, which allows artists and perhaps some other IP holders the rights to either control resale or a right to some of the resale value.

      It's natural to assume you're the only citizenry being screwed, but it's not the case, everywhere screws its citizens, and no matter what bogus law or idea is out there, at least two countries have pretty much always implemented it.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    9. Re:OK then. by Swampash · · Score: 1

      Nicely said EdIII (1114411) sir.

    10. Re:OK then. by Anonymous Coward · · Score: 0

      Well no.. I mean, I'd be okay with having a license. I might have paid as much as $15-20 for the license to play Gears of War 3 on launch day. Of course, if it was a license.. I would expect the owner to provide me with replacement media, should the need arise. And I would expect the owner to be responsible if their game blows up my save data, or otherwise damages my property.

      If they wanna charge me $60 for it though, we're talking sale. And, if they sell me something, its mine. So if my save data gets blown up, its (probably) my problem to deal with. If the disc gets scratched, that too is my problem.

    11. Re:OK then. by Lord_Jeremy · · Score: 1

      I don't believe that's enough. This tactic is obviously designed to make new game buyers feel like value has been added to the games they buy. Language like "FREE BONUS MISSIONS DLC" make the (new copy) buyer feel like they got lucky or they're getting a good deal. Personally I'd say the typical game buyer is pretty dumb, definitely not the typical slashdot reader.

    12. Re:OK then. by EdIII · · Score: 1

      If the disc gets scratched, that too is my problem.

      It is your problem. What you are protecting is merely the physical medium the copyrighted work was distributed on. That's why backup copies have always been considered Fair Use, but I would go even further and argue that it is not just Fair Use, but proper exercise of your rights. The ones that you were granted during the sale.

      Which is why I have so many games and movies still in shrink wrap and I just grabbed a pirate release. The end result is the same. I paid money for it and I am enjoying my rights.

      So while your disc may get scratched, you are 100% entitled to replace your copy of the copyrighted work by whatever means necessary.

    13. Re:OK then. by Anonymous Coward · · Score: 0

      Its just another game I won't be buying. I don't need their game to thrive in this world.

      But you DO need air, water, food, clothing, shelter, and medical care to just SURVIVE in this world!

      Air is free...unless you happen to live on MARS....

      Water is free in some public places such as stores, schools, and libraries.

      But food, clothing, shelter, and medical care are NOT free 100% of the time (in the USA for example).

      To get these items you have to comply with all sorts of red tape and paperwork. Even then, you STILL may not qualify for them....

      Otherwise, you either have them given to you by others willing to help you, buy them, steal them, or just go without.

      Money is the key to all this...and sadly the people in industrialized civilizations have been trained/conditions to 'fight' for money/jobs/customers/whatever....bleech! :P

      This is not a world I want to live but here I am. I am trying to do the best I can WITHOUT being a CA$H-DRIVEN A$$HOLE...like most everyone else I see from day to day....

    14. Re:OK then. by Anonymous Coward · · Score: 0

      It seems that gamers no longer have a sense of ownership and think that it all should belong to game companies.

      It's not a new problem... well, maybe it is. There's a fundamental shift in how gamers perceive things nowadays, probably to do with opening the market up to more casual players.

      Specifically, it's a confusion of moral rights vs more appropriate manufacturer/retail rights. The first symptom of this was the people who openly hated modders for creating 3rd party content for a game they owned for somehow "ruining the experience" and "not being what the creator intended" even though you aren't forced to use the mods if you don't want to. This is a bizarre stretching of moral rights, that the creators vision is sacrosanct and changing or customising it is somehow immoral. There's also likely some jealousy here as well, it's human nature to belittle the accomplishments of others to try and make yourself look better [I totally could modify the game but I don't because, unlike you, I respect the creator!]

      It isn't hard to see that once you put the creator's vision on an untouchable pedestal, it's only a short walk to you-can-either-take-it-or-leave-it territory where you accept what you're given or give up, you have no rights.

    15. Re:OK then. by Uberbah · · Score: 1

      You uh...might want to consider what he means by "everywhere else in the physical world". Cars, Beatles memorabilia, houses, baseball cards....you know, physical objects and shit.

      Because he didn't want to say "in every other country in the world".

    16. Re:OK then. by MadKeithV · · Score: 1

      . If they want to "license" us a copy of the game, then we should be able to exchange media when ours is scratched by our kids playing frisbee. We should also be able to get a replacement if we break the disc. Currently, you're mostly shit outta luck with respect to the latter (and the former, but it varies by publisher.)

      Adding some things to your list:

      • You should be able to get a copy for each and every system you own, though you can use only one at a time. You can even install copies on other people's machines.
      • You should be able to resell your license, though you will then (obviously) lose the ability to use the software.

      It's not exactly free (as in libre), but it sure beats the hell out of the having-their-cake-and-eating-it model that game developers seem to be trying to shove down our throats recently. I've been using software with this licensing for years. Sure, it uses a dongle (it's your "ignition key" of sorts), and if you lose that *dongle* your license is gone - but they will replace it if it breaks.

    17. Re:OK then. by guises · · Score: 2

      If they want to "license" us a copy of the game, then we should be able to exchange media when ours is scratched by our kids playing frisbee. We should also be able to get a replacement if we break the disc.

      Some companies will do this, not out of the goodness of their hearts but to preserve this fabrication that when you go into a store and buy a thing you haven't really bought it - you've just licensed it in a manner indistinguishable from a purchase.

      Rights over copyrighted material distributed on physical media isn't new or legally ambiguous. First sale doctrine is more than a hundred years old and it comes from almost the same situation - book publishers trying to control books after they'd been purchased. The only new thing here is the ability for copyright holders to build failure into their product: I'm sure that book publishers would have been ecstatic if they had had a way to get the books to automatically erase themselves.

    18. Re:OK then. by Anonymous Coward · · Score: 0

      However, it is really this fucking simple:

      Customer purchased product from store.
      Customer owns product from store.

      Customer buys movie ticket from theater.
      Customer owns movie and all rights to it...oh wait, no they don't.

      Are you really this fucking simple(minded)?

    19. Re:OK then. by aaron552 · · Score: 2

      With Origin, you come pretty damn close to that, actually. The only thing you don't have is the ability to resell your license (I'll admit that this is a fairly big thing, though).

      You can even register retail copies of games and be able to download them any time anywhere. Blizzard do something similar, too.

      --
      I had a sig once. It was lost in the great storm of '09.
    20. Re:OK then. by wienerschnizzel · · Score: 1

      However, it is really this fucking simple:

      Customer purchased product from store. Customer owns product from store. Customer after some period of time sells product used to somebody else. Store already got paid, so they have no legal interest, much less moral or ethical interest, in the second sale.

      First Sale Doctrine covers this. Everywhere else in the physical world you cannot pull this fucking shit for two seconds without being called crazy greedy retarded sons of bitches.

      No, it's even simpler than that:

      You get whatever you agreed to pay for. If you agreed to buy a product under the conditions that you can't resell it and then whine about it then you are a moron.

      If there is a general impression that the product should be resellable but it isn't and the producer didn't make a reasonable effort to communicate it to the customers then you can sue them

    21. Re:OK then. by staticneuron · · Score: 1

      As always people forget a step. What you have is...

      "Customer purchased product from store.
      Customer owns product from store.
      Customer after some period of time sells product used to somebody else.
      Store already got paid, so they have no legal interest, much less moral or ethical interest, in the second sale.

      First Sale Doctrine covers this. Everywhere else in the physical world you cannot pull this fucking shit for two seconds without being called crazy greedy retarded sons of bitches."

      But before the customer purchases the product from the store it is well within the manufacturer's right to sell the product how they want it and how much they want it for. As long as they are not being misleading and are upfront with what is happening they are in the right and it falls under buyer beware. Now whether it deals with a service like online play (which is not subject to first sale doctrine) or DLC (which is NOT found on disc) then you as a consumer are not entitled to that material. Your personal opinions about the "value" of the game doesn't allow you step over the companies rights to distribute the product how they see fit.

      The real question that keeps popping up in my head when people complain about this is.... are people practically PLANNING on selling this game after buying it brand new? If you do not think a game is worth it, why buy brand new? If you don't plan on keeping the game (a choice made before purchase) then why not just "rent" the game? I really don't get the overwhelming sense of entitlement this generation of gamers seem to have regarding DLC and services and expect these companies to feel pity when you loudly proclaim your desire to fuel the second hand market.

      I think these devs and companies are making a stand. If you think these games are worth it, support them outright. If not, feel free to hold on to your personal feelings of entitlement and let them burn. Either way, the message will be felt if these devs close up shop. It would entice the pubs to only shift big bucks into guaranteed successes and the more unique titles drop tremendously in budget and quality or simply fall by the wayside.

    22. Re:OK then. by trawg · · Score: 4, Informative

      They can try all the EULA crap that they want. That does not make it right, or legally defensible in a court of law.

      I am not sure if that is true any more (in the US) since late last year in the Autodesk trial.

      From the Freedom to Tinker blog:

      The Ninth Circuit's decision in Vernor significantly erodes the first sale doctrine with respect to software and other mass-licensed digital goods. ...
      In Timothy Vernor's case, however, the publisher of the AutoCad software argued that it never actually sold the copies Vernor bought, so there was no "first sale" for copyright purposes. Under the software publisher's logic, which the Ninth Circuit adopted in the case, both the copy and the intellectual property embodied in the copy were only licensed, and quite restrictively so, pursuant to the terms of a mass end user license agreement (EULA); nothing was ever sold, despite the retail transaction that put copies of the software into the hands of the initial purchaser, and despite the downstream transaction that put those copies into Timothy Vernor's hands. ...
      Under Vernor, software copyright owners not only own the work embodied in every copy of a program they sell, they own every copy, too. Consumers are left with both empty pockets and empty hands.

      I strongly believe First Sale doctrine should extend to software, but the EULA looks like it is sneaking in to block it.

    23. Re:OK then. by equex · · Score: 1

      The solution is.... piracy until the game studios die. The natural successors are the indy developers.

      --
      Can I light a sig ?
    24. Re:OK then. by TFAFalcon · · Score: 1

      What about a game is not physical? It's just a collection of bumps and pits on a CD/DVD. Just like a car is just a collection atoms arranged in a certain way. Both are purely physical (there is no 'spiritual' component. It's just that one is easily visible to the naked eye, while the other requires a special device to read.

    25. Re:OK then. by TFAFalcon · · Score: 1

      When did the customer agree that he can't resell it? Did they have to sign a contract in the store?

    26. Re:OK then. by RyuuzakiTetsuya · · Score: 1

      Well fuck him, and fuck Microsoft with their 720.

      Er, Microsoft's next console hasn't been announced with anything yet. How about you calm down a little first before bashing companies who might be completely innocent?

      This entire article makes me want to grab the Pepto Bismol. I've felt sympathy for Microsoft and GameStop.

      --
      Non impediti ratione cogitationus.
    27. Re:OK then. by drinkypoo · · Score: 1

      I agree with your analysis of the wrongness of the situation but not the legal one. As long as you can be legally prohibited from decrypting the contents, the manufacturer has a legal way to bone you for accessing the full contents. This is why we need a "right to read"... uh, right.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    28. Re:OK then. by GameboyRMH · · Score: 1

      I've seen game developers, in one case personally on this board, say that used game sales are exactly equal to for-profit piracy.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    29. Re:OK then. by Anonymous Coward · · Score: 0

      "Droit de suite" is limited to unique pieces of artwork such as original paintings. It doesn't apply to copies.

    30. Re:OK then. by Anonymous Coward · · Score: 0

      "I am not sure if that is true any more (in the US) since late last year in the Autodesk trial."

      The issue people don't seem to understand about that Audodesk trial is that the original purchasers of the software had SIGNED A CONTRACT that explicitedly forbade them to resell the software.

      As such they were not allowed to sell it to the guy who then tried to sell it later.

      When video game companies start selling their games direct to the end customer (Meaning you're buying directly from the publisher - no retailer middleman - AND they make you physically sign your name to a contract - THEN I'll accept it can't be resold. I also wouldn't buy it from them to begin with.

      The first sale doctrine prevents a producer from selling a product to one person, with that person having the right to resell it, but forbidding the secondary customer from having the same rights.

      In the autodesk case, the producer sold something to a company without giving them the right to resell it. The company agreed to the terms in order to get the sale, but then broke the contract.

    31. Re:OK then. by tmarsh86 · · Score: 1

      That is a completely inaccurate comparison. When you buy a movie ticket you are only purchasing the right(as a service not a product) to sit in that particular theater at the particular time on that particular date and watch a copy of the movie on a screen. Nothing more.

    32. Re:OK then. by The+Grim+Reefer · · Score: 1

      There's absolutely nothing wrong with what they are doing

      There is absolutely everything wrong with they are doing.

      I understand that digital delivery and games that can be played online has confused the issue, along with the persistent confusion over what copyright is.

      However, it is really this fucking simple:

      Customer purchased product from store. Customer owns product from store. Customer after some period of time sells product used to somebody else. Store already got paid, so they have no legal interest, much less moral or ethical interest, in the second sale.

      First Sale Doctrine covers this. Everywhere else in the physical world you cannot pull this fucking shit for two seconds without being called crazy greedy retarded sons of bitches.

      Yes, but this is not in the physical world, is it?

      I have said before, and some of disagreed with me (they are wrong), but when you pay for copyrighted content you are granted rights in return for the consideration you paid.

      I certainly agree with your sentiment. Unfortunately, our opinion on this is not supported by the USPTO, the legislative or judicial (and generally the executive) branches of government. Until such time that we change their minds, educate them, or replace them, this is the law no matter how wrong we feel it is.

      As slow and dumb as the gov/t is, I feel we have a better chance of changing the companies minds by voting with our dollars. Unless it becomes compulsory to purchase their product, I simply don't. This is a freaking game, you are not going to die or suffer any harm if you don't play it. There are plenty of other games we can purchase and from companies that feel as you do. Support them and not ones that are pulling this kind of crap. If you feel that is not enough then find candidates for office that believe as you do and help them to get elected. Or run for office yourself. Start a petition at the local level and if you are successful, take it nationwide. Obviously you feel much stronger about it than I do. But bitching about it on /. won't help. Let me know if you do start a petition though, I'll gladly sign it. If you choose to run for office and depending on your other views, I may also send you a campaign contribution. However this is not in my top 5 issue either.

    33. Re:OK then. by Anonymous Coward · · Score: 0

      When you buy a movie ticket you are only purchasing the right(as a service not a product) to sit in that particular theater at the particular time on that particular date and watch a copy of the movie on a screen. Nothing more.

      Yeah? When you "buy" software you are only purchasing the right (as a license, not ownership of the codebase) to use the software in accordance with the license terms. Nothing more.

    34. Re:OK then. by residieu · · Score: 1

      Right, that's why they give you a license to read and then sign before you exchange money at the Gamestop. And the employees there correct you when you say, "I'd like to buy this game." "I'm sorry sir, you can't buy this game, it is only available for license. Please read the terms of the license here.,"

    35. Re:OK then. by Cederic · · Score: 1

      Yeah. If only they'd respected their customers' privacy and written Origin to provide the service being paid for and not scan the hard disk, upload data to EAs servers and generally act like a bugridden piece of shit malware.

      Better yet, if they'd made it compatible with Steam so that I don't have to install multiple pieces of software to access my game library, I might even have used it.

      As it is, they've already lost one sale because of it - I would have bought Battlefield 3 and happily paid the 'new' price if it hadn't come bundled with Origin.

    36. Re:OK then. by Cederic · · Score: 1

      How about you calm down a little first before bashing companies who might be completely innocent?

      Who, Microsoft? Have you ever seen their business practices?

    37. Re:OK then. by Anonymous Coward · · Score: 0

      I'm kinda suprirsed no one has brought it up (maybe they have - only made it through the first page) - but how is this any different than getting 30 days 'free' included with your purchase of a pay-to-play MMO? That additional content is non-transferable - if you sell your copy of the game to someone else, they will have to purchase that separately.

      The bottom line is, 38 Studios developed an amount of content which they felt could sell at $59.99 (assuming, here) MSRP. With that, they bundled one-time use codes for a free download of additional content - content they feel is worth paying for, but they are giving away free to their customers. If you buy a game used, you are not a customer of the development studio. You are a consumer of content they have developed, and they'd like you to become a customer in the future - and any consideration they show you is specifically with that potential future relationship in mind.

      Let's run through a couple of the analogies. A dealership can throw in a $500 gas card with a new car, but could choose not to do so for used cars. A book publisher could shrinkwrap a related novella to a new novel by a popular author; obviously, once the wrap is torn, it's unlikely those two items will ever be sold together again. A MMO publisher includes 30 days free with purchase of the game...

      Get the picture?

    38. Re:OK then. by RyuuzakiTetsuya · · Score: 1

      Yeah I know.

      The whole thing about making it difficult for used games to be used on the next Xbox is so evil it's almost mustache twirling evil. I don't think MS has the stones.

      --
      Non impediti ratione cogitationus.
    39. Re:OK then. by toriver · · Score: 1

      Yes, but this is not in the physical world, is it?

      *Whacks The Grim Reefer in the head with a stack of PS3 boxed titles*

      Physical enough for you?

    40. Re:OK then. by aaron552 · · Score: 1

      Except that Origin doesn't "scan the hard disk". By accepting the EULA, you accept that it can, (if EA wants it to) however.

      Better yet, if they'd made it compatible with Steam so that I don't have to install multiple pieces of software to access my game library, I might even have used it.

      Implying that games on Steam don't already require this. Examples: basically any GFWL game (eg. Batman: Arkham Asylum and Arkham City, Fable III), Assassin's Creed II and Brotherhood, Fallout 3. And those are just the ones in my library. There are countless more.

      --
      I had a sig once. It was lost in the great storm of '09.
    41. Re:OK then. by EdIII · · Score: 1

      Yeah? When you "buy" software you are only purchasing the right (as a license, not ownership of the codebase) to use the software in accordance with the license terms. Nothing more.

      Those license terms you refer to are not dictated by the software creators. The terms are clearly spelled out in Title 17, which defines copyrights in the US. Only though an additional contract (EULA) can you even begin to restrict the consumer further, but it is questionable on both legal and moral grounds.

      Without an additional contract, and supported time and time again by the First Sale Doctrine, the physical mediums and legal entitlements of copyrighted works are transferable to another party for any consideration.

      If the copyright owners get to treat the copyright itself as property, then the consumer gets to treat their legal entitlements from the purchase as property too. As such, it is always available for sale to a third party.

      Nothing in copyright law specifically excludes used sales. Nothing at all. It should not either, because it is morally reprehensible to do so.

      However, in a world where a fucking mouse character gets copyright protection forever, it is not a surprise to me that very few people even understand copyright and that the copyright owners are trying to change the whole game to allow them to own it, control it, etc. forever regardless of how many times they are compensated.

      Nowhere else in any economy is business conducted in such a fashion. Nowhere else. For good reason too. It makes no sense, screws the consumer, and goes against everything logical and moral.

      You tell me where in reality you can go in a hardware store, buy a hammer, and have Bob (the owner) get to tell you where and how you get to use the hammer and that you cannot lend or sell the hammer to your friend Steve.

      Yeah...... does not exist in reality. The situation with used software is no different at all.

    42. Re:OK then. by Anonymous Coward · · Score: 0

      >Only though an additional contract (EULA) can you even begin to restrict the consumer further, but it is questionable on both legal and moral grounds.

      Bwahaha, your only quibble is that the customer didn't sign a physical paper contract at the time they bought the software license? That wouldn't be all that hard to arrange, you know. Just an extra few lines of printout on the receipt that the customer initials. All it would take is for the courts to decide that that's all that is required to make EULAs kosher. The customer wouldn't even bother to read it any more than they read shrinkwrap EULA's now.

  8. ...if so please tell me how... by rsilvergun · · Score: 5, Insightful

    Make games I don't want to sell 2 weeks after I buy them?

    I still got my original copies of Chrono Cross & Star Ocean 2 from launch day. Just sayin'...

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:...if so please tell me how... by Anonymous Coward · · Score: 0

      I would love original straight from square enix hard copies of every final fantasy ever made; is it going to happen? No, so I have to settle for the fact square enix is doing a dam fine job of porting their games to most platforms in existence.

      And they aren't being jerks about it either, at $5-$10 a game (PSP) (converting my game saves is the hardest part).

    2. Re:...if so please tell me how... by Sir_Sri · · Score: 3, Insightful

      Not every game wants to be that epic. In this day and age you're competing as much for time as for money. If people can't pick up your game and be done with it in a week (when they buy the next big game) you might not sell very many - because if you aren't Skyrim you're better to be Portal than Divinity 2: Ego Draconis or the First templar . "Long" is not a selling point anymore and nor is "50 hour experience" or "70 hour experience".

      Want to know why? Because the people who have money to game all have their original copies of chrono cross and star ocean too, and guess what, those people all have (or are trying to get) jobs, and families and stuff now, and spending 70 or 80 hours on one game doesn't have the appeal it did when they were younger. People *might* want a few games a year that are big epics, but most of the time they want portal, uncharted 3, call of duty or any collection of other 'short' games interspersed amongst their skyrims and WoW/SWTOR time.

    3. Re:...if so please tell me how... by antdude · · Score: 1

      Do you still play those old games? ;)

      --
      Ant(Dude) @ Quality Foraged Links (AQFL.net) & The Ant Farm (antfarm.ma.cx / antfarm.home.dhs.org).
    4. Re:...if so please tell me how... by Anonymous Coward · · Score: 0

      There's no need to make a game with an epic, long story in order to get people to keep it. and you know it, too. Look at the games you listed that people "want" .. Portal, Uncharted 3, CoD ... Games that lots of people hang on to. None of them are particularly "long" although you could make the case that multiplayer is a long game type.. There's literally zero story to Battlefield 2.. and I've got quite a lot of time spent on that. Wouldn't be selling it, even if I could.

      But making 15 hour games with lots of expensive virtual shiny and no reply value is ... much of the cause of the game studio's problems. Those are games that are going to get lots of turnover in used game shops. Guess how many Assassins Creed games I bought? Not one. Borrowed them all, finished them inside a week and gave them back. Care to speculate on how much I miss having them? If I had bought them, they'd have each showed up in the used market within a week.

      I also had more fun playing a $5 indie game than I did playing AC Brotherhood, which felt like it was fighting my input in lots of circumstances. That was annoying and frustrating, detracting from my enjoyment for no purpose. The indie game had some frustrations, because I died a lot. It was difficult. Simple game, but difficult. But I felt more accomplishment for completing the levels when I actually got through them. After I finally managed to get Ezio to leap towards a particularly problematic handhold rather than to his doom, I felt not accomplishment but relief that I'd gotten past some bullshit.

    5. Re:...if so please tell me how... by Sir_Sri · · Score: 1

      Uncharted 3 I think is the most resold game I know of right now, I picked it specifically along with portal and COD because they're much harder to resell (but previous versions were quite popular in the resale market).

    6. Re:...if so please tell me how... by Hentes · · Score: 2

      Exactly. If a game is good and has high replayability, people won't sell it. Used games market only hurts the creators of bad games.

    7. Re:...if so please tell me how... by GameboyRMH · · Score: 1

      I don't mind spending a lot of time on a game as long as it's not something that requires timed intervention or requires such depth that if you step away from the game for a week it's like you're re-learning everything.

      A good example of the timed intervention problem is Pokemon Diamond/Pearl. It had a Farmville problem, if you didn't water your plants once a week there would be a mass extinction, and there were some other things that required timed intervention like that. That's not a game you can play unless you have tons of free time.

      Then a lot of older RPGs had the depth problem, if you went away from the game for a week you'd come back and be like "Wait, WTF was I doing again?" but it's not something you see too much these days, modern RPGs have some kind of "organizer" feature to help keep you on track.

      An example of a long game that working adults can play is the Stalker series. The first one at least takes a good while to finish and would suffer from the depth problem if not for the PDA keeping track of tasks, but you can save any time, put it down and come back to it any time and not be lost.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    8. Re:...if so please tell me how... by Hatta · · Score: 1

      Long is a selling point for me. If it's not 80 hours long, why bother? A game that you want to play for 80 hours is a better game than a game that you only want to play for 20 hours, by definition. A game that you want to play for 80 hours but can't, because there's only 20 hours worth of content is worse than a game that actually has 80 hours of compelling content, for obvious reasons. I just don't see a reason to prefer short games, if a game is too long you can always stop playing it.

      --
      Give me Classic Slashdot or give me death!
    9. Re:...if so please tell me how... by orphiuchus · · Score: 1

      The funny thing is that his game is looking like one of the ones you'd hold on to. At least if the demo is any indication.

    10. Re:...if so please tell me how... by Sir_Sri · · Score: 1

      The length of a game has to work with its narrative though. Portal (1 or 2) are fun in part because they can meaningfully tell a story in that time, and you can only spend so much time on the same basic puzzle. 80 hours of random levels, which would be 12 or 13x as much content as they currently have wouldn't make for a better game.

      Uncharted is a long interactive movie. But that means that for the astronomical production costs they have they can hand do the facial animations for speach and so on. And you have time to play uncharted, infamous, batman and portal in the time it takes you to play one skyrim. Aside from spending 4x as much money you've also seen 4x as many stories, and gaming is now much more about storytelling than it is about mechanics that go on for ever (Which in Skyrim is killing dragons basically).

      And as I said, there is a place for some big epic games. But relatively few of them, and the people who try and make them usually lose a pile of money (or are living on government subsidies anyway and hope to barely keep in business).

    11. Re:...if so please tell me how... by Hatta · · Score: 1

      Portal (1 or 2) are fun in part because they can meaningfully tell a story in that time, and you can only spend so much time on the same basic puzzle. 80 hours of random levels, which would be 12 or 13x as much content as they currently have wouldn't make for a better game.

      Why not? How many levels are there in LodeRunner? I've already sunk more enjoyable time into LodeRunner than Portal has content, and I'm no where close to the end.

      If you rely on narrative to make the game worthwhile, then your game isn't very good, almost by definition. If the puzzles are worth solving, they'll be fun to solve whether you have a story or not.

      Uncharted is a long interactive movie. But that means that for the astronomical production costs they have they can hand do the facial animations for speach and so on. And you have time to play uncharted, infamous, batman and portal in the time it takes you to play one skyrim

      Or you could watch 53 movies in the time it takes you to play one Skyrim. But why would you want to? The point isn't to play as many titles as possible, it's to enjoy as much of your free time as possible.

      --
      Give me Classic Slashdot or give me death!
    12. Re:...if so please tell me how... by Sir_Sri · · Score: 1

      Exactly, and that is why long games have lost out. People on average enjoy much more carefully tuned narrative experiences than long random wandering ones, for that they have MMO's. The 'global achievement' tracking feature in steam is wonderfully illustrative. In Skyrim ~12% of the playerbase reach level 50, about 25% ever advance the civil war to conclusion etc. Only about half the people who bought the game even get to the point of knowing about dragons returning.

      In other words half the people who bought the game aren't enjoying past the first 20 or so hours. Only 27% of the people (who bought the game on steam) have got "dragonslayer" which is sort of the last direct plot quest I think there's an achievement for. And that's Skyrim for god sakes.

      Even Portal 2 only has a 40 odd percent completion of the single player rate (and it's only 7 hours or so).

      Unfortunately I don't have stats for Uncharted 3 handy, but generally, consumers buy a game, play it for 5-10 hours, and are done with it - even something that's obviously deeply involved like skyrim only about 2/3rds of players even get to having empowered a shout up 3 steps (which really doesn't take very long). Or even the sort of obviously fun "absorb 20 dragon souls" (which is kinda the point of the game) is only 33 percent or so.

      (Obviously with all achiement tracking there's a bit of a skew effect. Only about 85% of skyrim players ever make it to level 5, so presumably the other 15% hated the game from the get go or couldn't play it and summarily quit, and saying they didn't complete anything else is sort of a given, but every game has that to some degree).

      You're making the classic mistake of using introspection as a source of data about how people consume content. I'm looking at how people *actually* consume content, and I'm dismayed by it, because it makes my job as a designer much much harder. It's very hard to make any money if you make a game for people to put 80 hours into, even if as a games expert I think people would love to spend 80 hours on some great game the way I spent (probably well over 80 hours) on master of orion, xcom, civilization, privateer, the X series, Hearts of Iron/vicky/EU and even skyrim etc. etc. etc.. If you're bethesda or Bioware and can spend 200 million dollars sure, but most of us can't do that (and even if you *can* you're taking one hell of a risk).

      In the end you're selling a player an experience, that might have narrative (CoD, Uncharted, Batman) it might have nifty mechanics (think minecraft), it might just be a neat world (skyrim). But you have to realize how much time they're actually going to put into it to make it good. If odds are they're only going to spend 5-10 hours on your game they better be a damn good 5 -10 hours, or they won't buy the next one, and they'll tell their friends not to buy the first one either. But to make an awesome 5-10 hour experience is *really* hard, and then it tends to become practically impossible to keep that level of production quality for another 20 hours. About the only people who try that are in the MMO business, and remember what I said about competing for time? If you're going to spend 100 hours one LodeRunner or WoW or whatever, I need to find something you want to play that you can fit on top of that other game you're playing. And if it takes too much time from something else you aren't going to enjoy whatever I sell you.

  9. meh by Anonymous Coward · · Score: 0

    Fuck EA. Fuck 38 Studios. boycott.

  10. By buying this product you only receive a desktop by Anonymous Coward · · Score: 0

    By buying this product you only receive a desktop shortcut.
    The full game is a day one DLC provided for free when you buy!

    Just wait until the auto industry starts using similar methods to curb that damn used car market.

  11. Rewarding people for helping us by macraig · · Score: 3, Insightful

    ... this is us rewarding people for helping us!

    Where did this jackass study economics? This ain't the way it works: I give you money, you give me something of equal value in return, period. His former dean and professors should fail him retroactively.

    What a spin doctor.

    1. Re:Rewarding people for helping us by penguinstorm · · Score: 1

      Sure, dummy. The issue is a debate over what constitutes "equal value." He certainly doesn't have an obligation to give you a product that you can resell. Video games aren't generally purchased with resale value in mind.

      In the case of a car the situation is a bit different: there's an expectation that a car should have a certain residual value at the end of its first owner's period of use. It's the norm.

      If you think the game is overpriced, don't buy it. He's entitled to charge what he wants and structure pricing how he wants. If it puts him out of business, it's the circle of life.

      --
      Skot Nelson music is my saviour / i was maimed by rock and roll
    2. Re:Rewarding people for helping us by bmo · · Score: 3, Funny

      >study economics

      Curt Schilling was never an economist.

      He was pitcher for the Red Sox, however. Bloody ankle and all.

      This is called "learning your second career by the seat of your pants."

      --
      BMO

    3. Re:Rewarding people for helping us by BLKMGK · · Score: 1

      Actually I'd argue that people who buy games ALSO have some expectation of value at the end of their game play else stores like GameStop that sell used games wouldn't exist. Would you also argue that buyers of paperback books don't expect some value to remain after it's been read? What about lending the game to a friend like you would a book? These jackasses are even starting to do hardware locks - won't it just suck when kids can't take games to a friend's house to play them together?

      The game companies are becoming as greedy as the other "content providers" and I will treat them much the same way - by not buying (oh wait, licensing) their crap. They will then whine about how pirates have "ruined" their business when in fact it's been their own fault all along for pulling stunts like this. Hell IF I buy a game you can bet I'll be cracking the damn thing just to get around the stupid DRM. These publishers are idiots and they sound like spoiled children when they speak like this fool did.

      --
      Build it, Drive it, Improve it! Hybridz.org
    4. Re:Rewarding people for helping us by gl4ss · · Score: 3, Informative

      physical products that come in a box are quite often bought with the notion that you could resell them like books.

      note: book publishers don't like used book sales either, but have to live with it.

      book publishers would probably use disappearing ink too if they thought they could get all publishers onboard.

      --
      world was created 5 seconds before this post as it is.
    5. Re:Rewarding people for helping us by Rennt · · Score: 1

      Video games aren't generally purchased with resale value in mind.

      Oh Buddy, you couldn't be more wrong. Why do you think publishers have this twist in their panties about second-hand sales in the first place? For millions of gamers pawning off old games to by new ones is standard practice, and it's why GameStop and friends make more money on sales then the publishers do.

    6. Re:Rewarding people for helping us by exomondo · · Score: 1

      These jackasses are even starting to do hardware locks - won't it just suck when kids can't take games to a friend's house to play them together?

      Not that i agree with this, but the new equivalent to that - on the xbox anyway (my ps3 is pretty much just for bluray so it may have a similar feature i just haven't checked) - is downloadable profiles. Go to another console, download your profile and you're set. I don't see why you couldn't do the same thing with Steam.

      Of course this doesn't address the used game market or lending games or anything like that.

    7. Re:Rewarding people for helping us by suomynonAyletamitlU · · Score: 1

      What they really want is to have the direct income that indie developers have--no huge take from publishers, no license fees to various console makers, etc. They basically have no idea why they're paying money to people like EA instead of actually getting $50 for each $50 game sold. That's why they think that they are supposed to, at once, charge a lot of money and get a lot in return.

      Granted, that dollar amount is probably too high, and probably for the wrong reasons (as determined by the publisher, MS, etc), but if they wanted to do indie development, they'd have to take the risks that came with it, including disappearing into obscurity.

    8. Re:Rewarding people for helping us by dcollins · · Score: 1

      "What a spin doctor."

      No, he was always more known for his fastball. Slider and curveball were only so-so.

      http://en.wikipedia.org/wiki/Curt_schilling

      --
      We know where leadership by an anti-intellectual "strongman" who scapegoats minorities and likes boisterous rallies goes
    9. Re:Rewarding people for helping us by mattr · · Score: 1

      Depends on where you live. Where I live there are a lot of used games stores. There is also a big chain of used book stores making enough money to pay for major downtown floorspace. If you think of games as books, i.e. cultural media products, then when these guys are doing is unconscionable. They really owe the purchaser a perpetually redeemable and transferable license plus very clear explanation outside the box of what they are doing. Otherwise they are just being tricky and forcing a sketchy business plan on dupes with in-box EULA. Luckily I never have and hopefully never will purchase one of their products.

    10. Re:Rewarding people for helping us by webheaded · · Score: 1

      I thought I recognized that name. He was pitcher for the Diamondbacks when we won the World Series (not a huge baseball fan but I live in AZ so yeah). Kind of disappointing to see what a dick head he is on this subject.

      --
      "Those who would sacrifice essential liberties for a little temporary safety deserve neither liberty nor safety." - BenF
    11. Re:Rewarding people for helping us by Anonymous Coward · · Score: 0

      So when you buy a ticket to the theatre do you expect to take the cast of the play home?

      The problem here seems to be a reticence to recognise intangible value on the part of the consumer alongside an unwillingness to embrace a business model based on an economic paradigm no longer restricted by scarcity on the part of the publishers/developers. Since the former problem is largely psycological I guess only education can help there. The second problem will solve itself by normal darwinian market function, the publishers will change or perish so no problem there.

      Your simplistic arguments about value and ownership therefore are part of the problem and need to be challenged, sadly most of the commenters I see here seem to foul foul of the first problem. Hardly surprising given the philosophical hurdles that require jumping in order to perceive this are rather large. Especially when people cling to their old beliefs in order to excuse their behaviour that deep down they know is wrong. So the second problem solving itself over time may well solve the first problem by making games cheap enough people don't behave badly and thus eliminate any mental block preventing them from facing reality as it is, not as they wish it was.

      So time that great healer will sort everything out in the end. Yippee!

    12. Re:Rewarding people for helping us by bmo · · Score: 1

      He's a dickhead in general.

      Sucking the teat of corporate welfare:

      http://www.pbn.com/EDC-approves-loan-package-for-Schillings-38-Studios-now-he-must-bring-jobs,51422

      Yes, he's a dickhead.

      --
      BMO

    13. Re:Rewarding people for helping us by macraig · · Score: 1

      He's taught himself one new pitch along the way, then.

    14. Re:Rewarding people for helping us by Anonymous Coward · · Score: 0

      Not surprising. The marketing for this game has been nothing but buzzwords and spin. It's a good game, but they are completely out of touch with reality as a company.

    15. Re:Rewarding people for helping us by Anonymous Coward · · Score: 0

      Book publishers do have disappearing ink...it's called Kindle and iBook.

    16. Re:Rewarding people for helping us by macraig · · Score: 1

      Aren't they all? Nature of the corporate beast, really.

  12. It's simple by Anonymous Coward · · Score: 2, Insightful

    Game with resale value > Game without resale value. If you make a game that's as good as another game, and I can sell that other game for more, I am more likely to buy that if I have any interest in possibly selling or even giving away that other game.

    By blocking content to secondary users, you have lowered the value of your game. If you don't lower the price in a corresponding fashion, you will have fewer sales.

    1. Re:It's simple by Anonymous Coward · · Score: 0

      This is precisely why I bought MW3 instead of Battlefield 3 for the PS3: Battlefield requires the purchaser of the used disc also buy an additional code to play online (while CoD does not). I will be certain to ask about this before I get any new game from this point forward, and I steadfastly refuse to buy any crippled games. I only hope that enough people are of similar mind that this noticeably impacts game sales and discourages this sort of despicable behaviour by the game producers in the future.

      I find myself bewildered that the First Sale Doctrine has not yet been invoked in a court case surrounding this.

    2. Re:It's simple by Issarlk · · Score: 1

      If you don't lower the price in a corresponding fashion, you will have fewer sales and blame the pirates.
      FTFY.

  13. My take on it. by michaelahess · · Score: 2

    So I buy a used ford and I no longer get to use the radio without paying an activation fee? Same concept, a stupid, naive, greedy one. I have only bought a few games at gamestop as I know their markup practices, but I don't disagree with a used game market. I use Steam almost exclusively as I can get most games at incredible savings, then I don't feel the need to sell them to recoup on a crappy game. If game makers are so concerned about this, maybe they should actually make games worth playing for any length of time. Like Skyrim. Then this wouldn't be an issue to the degree it seems to be to the publishers. People play their copy longer, won't put it on the used market for a while, probably sometime after the initial profitable margin of the games release, then used games are available for those that can't afford the ridiculous price of todays games. Seems pretty simple to me.

    1. Re:My take on it. by LucienChase · · Score: 2

      I think in this situation, it's more like you buy a new car and you get a tank of petrol thrown in. You buy a used car, and you have to look after the petrol yourself. From what I've read, it's more like that analogy. They're apparently giving away for free something that they were going to charge for to people who buy the game. Like the DLC with Dead Island. Having no interest in the game, and then having played the demo, I think this would be a game worth investing in.

    2. Re:My take on it. by Jaysyn · · Score: 1

      . Like Skyrim....

      Gabe @ Penny Arcade says the game is *better* than Skyrim.

      http://penny-arcade.com/2012/01/27

      Personally, I don't care if every disc sold comes with a free blowjob, I won't be buying it.

      --
      There is a war going on for your mind.
    3. Re:My take on it. by michaelahess · · Score: 1

      It's the principle at stake here, I agree, if this is a bonus for first time buyers, cool. I bought Duke Nukem Forever, the $90 pack, if I were to sell the game, I wouldn't get rid of the extra's, that's why I bought it. The problem is, the industry thinks this way with the BASE game in most cases, that's wrong. DLC bonus? Fine.

    4. Re:My take on it. by Anonymous Coward · · Score: 0

      Saying it's better than Skyrim isn't exactly flattering coming from Gabe. Gabe basically said he hated Skyrim.

    5. Re:My take on it. by Squiddie · · Score: 1

      At some point, that DLC will no longer be available. So if I ever want to play the game that I bough new today, five years from now it won't work. Or would you say Ford was completely correct in putting sponges in cars that were purchased near sea areas? This is just breaking a game for no just reason.

    6. Re:My take on it. by hackwrench · · Score: 1

      Except, when you buy a car, you have to keep filling it with petrol, and it gets depleted. If you get the add on pack, you don't have to buy any more to get use out of what you have, and if you sell the disc you now have an add on pack that's useless to you. whereas if you really wanted to you could take the petrol out of the car and put it into another car, and it would be useful.

    7. Re:My take on it. by Lord_Jeremy · · Score: 1

      You could look at it like that. But then you can't ignore that what many publishers are doing is taking content that would traditionally be part of the initial release (e.g. the single player) and turning it into "bonus DLC". Whatever the hell they want to call it, it was part of the initial sale and pretending that the game publisher was being nice by giving you free shit along with your purchase is disingenuous. There have been a few publicized cases where the "day-1 bonus DLC" was developed alongside the original game and even included on the game disk. This is simply yet another method that game publishers are trying to use to (sneakily) increase game prices and get more money per original sale. They're using this bonus content code method as opposed to just making new games cost $80 because [1] it pisses off the original new copy purchaser less (at least in the short term - eventually people will realize that the trade-in value of these hobbled games is severely reduced) and [2] the publisher gets to pretend that they've added value to the new copies (in the form of FREE BONUS DLC!!!) when in fact they've reduced it.

    8. Re:My take on it. by Uberbah · · Score: 1

      I think in this situation, it's more like you buy a new car and you get a tank of petrol thrown in. You buy a used car, and you have to look after the petrol yourself. From what I've read, it's more like that analogy.

      Bad analogy. You're going to have to refill that tank whether it's new or used, and the cost of a tank of gas is going to be a tiny percentage of the purchase price of the vehicle.

      As opposed to this "online pass"/"content lock" BS.

    9. Re:My take on it. by residieu · · Score: 1

      The Free tank of gas might be more like those silly pre-order bonuses. Pre-order a game that will never be in short supply and we'll give you an extra skin for your character. These are more significant features they're holding back, with greater relative value (to the product) than a tank of gas is to a car.

  14. You already got your dollars by pgward · · Score: 1

    When I buy your game, you get money and I get the game for the remainder of my life and the remainder of its life (whichever is shorter). When I decide I don't want the game for the rest of my life, I can sell the rest of the games life to someone else. This is how it has always been, and how it always should be. This is a perfect example of destroying customer value, for no gain to the customer, in an effort to make more money for yourself. Imagine if real estate developers did this, and forced one room of your apartment to close each time a new owner purchased it.

    I hope EA's sales plummet and a rival company who RESPECTS and VALUES their customer take EA's market share. I for one will not be purchasing any more games from EA whilst such practices are in place.

    1. Re:You already got your dollars by Zondar · · Score: 1

      If they want to pull this type of crap, then they need to break down the following data:

      1) How much of the sale price is licensing of the content

      and

      2) How much of the sale price is paying for the content delivery (disc)

      Subsequently, how much would it cost to replace (2) if lost/damaged/etc? How long is the original company committed to / obligated for producing replacements, and what happens to the content delivery / lock system if the original company stops honoring the agreement within the aforementioned timeframe?

  15. Doublespeak by SoftwareArtist · · Score: 3, Insightful

    "We're not trying to take more of your money, we're rewarding you! By generously allowing you to access content that you've already bought from us and that already belongs to you. But we don't allow you to resell that content that you bought, even though you're legally entitled to. We don't want to reward you as much as that."

    --
    "I'm too busy to research this and form an educated opinion, but I do have time to tell everyone my uninformed opinion."
  16. DLC by Black+Parrot · · Score: 3, Insightful

    [rant]Game companies are already forking us over on DLC. When you buy a game, figure on 2x the list price in order to get a *complete* game.[/rant]

    I never buy new games anymore. I wait until you can buy the game, all the expansions, and all the DLC on Steam for $20 before I buy it.

    --
    Sheesh, evil *and* a jerk. -- Jade
    1. Re:DLC by Sir_Sri · · Score: 2

      Which puts about as much money in my pocket as a developer as buying it new on a shelf for 60 bucks, and gives me infinitely more (and costs me less) than if you bought it used. So that's a workable model. If you want it RIGHT NOW pay full price right now. (and accept that the infrastructure for someone like valve to deliver 2 or 3 million copies of skyrim all at once can be astronomical).

      Though steam are sort of bastards on the backend about sales (they don't tell you when they're doing sales, so they can run out of keys, then they delist your game for a random amount of time, even if you get them more keys in an hour or two, and you don't really want a pile of valid keys sitting with steam in case a keygen comes out or the like, no offence to Valve on that one).

    2. Re:DLC by Anonymous Coward · · Score: 0

      After they're finished killing the used game market, they'll be along for your neck in short order. You dirty worse-than-used-game person. How dare you steal the food out of our beloved developers mouths? Buying something new for LESS than absolute top dollar is killing our beloved industry.

      (I'm being sarcastic of course, but I'm also predicting.)

    3. Re:DLC by Anonymous Coward · · Score: 0

      Cause:

      and you don't really want a pile of valid keys sitting with steam in case a keygen comes out or the like, no offence to Valve on that one).

      Effect:

      Though steam are sort of bastards on the backend about sales (they don't tell you when they're doing sales, so they can run out of keys, then they delist your game for a random amount of time,

      ===

      Which puts about as much money in my pocket as a developer as buying it new on a shelf for 60 bucks, and gives me infinitely more (and costs me less) than if you bought it used.

      Holy entitlement complex, Batman! Care to explain the part I marked?
      Unless your game is chained to a server, the operating cost should be nil. If you did chain it to a server, that's your problem, not mine. [Selling a service (cost over time) for a single upfront price is your own fault]

      I don't get why authors, artists and programmers obsess over 'moral rights' (expanding that far beyond its reasonably boundaries) instead of just running a business. In a market, your goal is only to shift enough units (copies) to make your expenses and then a little extra (profit). As long as your strategy allows you to consistently break even or make profit, 3rd party units and knockoffs (the used market and piracy) are irrelevant. Trying to extract every last drop out of the barrel is just greedy, and usually not even cost effective either [Hence the RIAA/MPAA trying to get laws which require tax payers to cover the enforcement costs of copyright, it isn't economical (expenses exceed every extra dollar extracted) for them to them to sue every individual John/Jane Doe].

    4. Re:DLC by heathen_01 · · Score: 1

      (and accept that the infrastructure for someone like valve to deliver 2 or 3 million copies of skyrim all at once can be astronomical).

      It doesn't have to be. The piratebay manage to do much more with much less..

    5. Re:DLC by Anonymous Coward · · Score: 0

      content creators already get paid repeatedly for the amount of work they put in once, but now they get upset when they also can't get a cut of the used market without screwing over people? i didn't see the used market kill books, yet publishers still hate the used market (and the lending market as well). get over yourself. you are not entitled to as much as you think you are.

    6. Re:DLC by krinderlin · · Score: 1

      It's the model most of us expect now. DA:O Ultimate Edition, being a prime example.

      In fact, I won't pick up Skyrim till it hits the $29.99 mark.

      I'll probably pick up KoA when it hits the $39.99 mark.

  17. 49 pages of comments and that's the best he's got? by gstrickler · · Score: 2

    How clueless can you get. This guy clearly didn't bother to read any of the comments or he wouldn't have made such an ignorant statement that completely ignores his customers. How's that shoe leather tasting, Mr Shilling?

    --
    make imaginary.friends COUNT=100 VISIBLE=false
  18. The Fight Against Ownership by paleo2002 · · Score: 3, Insightful

    Game companies, like more and more content and service providers, seem to be contesting the concept of ownership. They want to charge just as much (or more) for their products as they've done in the past but with fewer associated rights. Or they want you to pay perpetual subscription and licensing fees. Secondary markets for games (and books, music, clothes, cars, etc.) aren't some new phenomenon created by interweb hackers and sexting teenagers. Its been a fact of life for commerce for quite a long time. Why suddenly begin treating it like a threat to your business now?

    1. Re:The Fight Against Ownership by gl4ss · · Score: 1

      *Or they want you to pay perpetual subscription and licensing fees*

      well, curt originally wanted to make an mmorpg, but bought a game studio that had just a regular rpg engine ready(somewhat ready anyways, or at least that's what they told curt)..

      --
      world was created 5 seconds before this post as it is.
    2. Re:The Fight Against Ownership by Anonymous Coward · · Score: 0

      Why suddenly begin treating it like a threat to your business now?

      Because it's worked for the MPAA and RIAA, and they're smaller than the gaming industry, so why wouldn't it work for them too?

    3. Re:The Fight Against Ownership by krinderlin · · Score: 1

      Yeah that reminds me, this was supposed to be an MMO. I remember my partner watching some "MMO Addiction" special that claimed it was a documentary. He was curious because I played MMO's at the time and didn't know there was such a thing. Anyway, I remember Curt was supposed to be developing an MMO. I had totally forgot about that. How sad...it would've been a cool MMO. Then again, I've been single player for a while now and have no desire to deal with MMO's again. So maybe it is for the best. The demo played awesome.

  19. The market. by Anonymous Coward · · Score: 3, Interesting

    I've bought more legitimate games for my PS3 than any other system. Want to know the secret? I pay $25.00-$50 per game. They ship from the UK, from OZGameShop.com There's no DRM, there's no bullshit. I put them in my PS3, they install, and they play. I don't have to be online to use them. I own 26 Playstation 3 games, I even preordered 2 of them and paid full price $70-100. That's more than every other console I own combined. If you try to force me to pay $60-120/game. I will stop buying games again. You will have priced me out of the market. I will prefer to spend my $500 on PC hardware, and crack your software. Because I can't justify YOUR prices. There's a point where buying a game is a good honest deal and I will buy many games. But then there's the point where you're ripping me off blind, and I will stop buying your products. It's your choice really. I pay well above average for the humble bundles as well. My first payment was $35 because I saw the value of what they wanted to sell. I wouldn't own any PS3 games or even a PS3 if I couldn't get the games I want for $25 each. You wouldn't have 29 sales of games, hardware, and controllers without that available. That's about $1200 Sony and it's publishers would be missing. Don't screw over gamers, and we won't screw you over. Stop acting like entitled children. You don't own our money and we don't owe you anything.

    1. Re:The market. by EnglishTim · · Score: 0

      > I will prefer to spend my $500 on PC hardware, and crack your software. ...
      > Stop acting like entitled children.

  20. Curt said... by __aasehi2499 · · Score: 0

    "companies are still trying to figure out how to receive dollars spent on games they make" Did they not make money off the game when they sold it? Now the person who bought it wishes to make money off his possession, Curt is supposed to make money off that too? The definition of Socialism is being allowed to own personal property, but not being allowed to profit from it. i.e. I own a boat, somebody wants me to take them across a lake to the other side. I may do this, but if I get paid for it, I must hand over the profit to {insert socialist authority}.

  21. Bitches. by unity100 · · Score: 1

    The 'content' creation industries need a major bitchslap.

    So, people can sell cars and other people can reuse them. Cars - stuff that are MUCH more harder to make. even making a new model of an existing model that is out in the market, requires immense design, engineering, planning, logistics and after that, standards verification and permission-acquisition. after that, there is distribution, sales, after-sale care, maintenance and many more.

    So, car industry cannot ban used car sales, but, 'content industries' can ? and that is .......... just because they can ?

    Fuck off. you dont have a right to produce one-two singular products and make money over them over and over and over again throughout your life at ease - especially not by restricting the freedoms of the customers to whom you SELL your product.

    the keyword, is SALE. and no - you can not 'redefine' sale to fit your own purposes. once you sell something, you GIVE IT AWAY.

    such bastards really deserve piracy.

    1. Re:Bitches. by Elbereth · · Score: 1

      Fuck off.

      It's just a video game. I count six all-caps words in your rant. I think you need to learn to relax. Take up meditation or something.

      such bastards really deserve piracy.

      ...or you could just not buy it.

    2. Re:Bitches. by Rennt · · Score: 1

      It's just a video game.

      You might want to think about re-aligning those priorities of yours. The precedent being established here is a big step backwards for consumer rights. It's cut from the same all-information-is-profit-and-all-your-information-belongs-to-us cloth as SOPA and ACTA.

    3. Re:Bitches. by Anonymous Coward · · Score: 0

      "You hear that? Talk to me, where are my detonators? Where are they, or shall I shoot another one? Sooner or later, I might get to someone you *do* care about!"

      Words of wisdom from Die Hard. You don't care about video games. That's fine. McClaine didn't care about Ellis getting capped either. But maybe you should start taking this a little more seriously because sooner or later maybe they start doing this sort of thing with something you DO care about.

      If you don't think that all companies with second hand markets for their products aren't looking at this sort of thing, eagerly anticipating the day when they can charge everyone full price for everything and 'maximize their profits' you have another thing coming.

    4. Re:Bitches. by toriver · · Score: 1

      It's just a video game.

      Are you sure? It seemed from all the wailing that it was the livelihood of poor starving creators and their families needing food and rent? That we somehow have a moral duty to buy their games to cover their huge business investment?

  22. DLC.....so what?? by metalmaster · · Score: 1

    There was an article here a while back about a Nintendo DS(?) game that wouldnt allow a complete restart after the first playthrough. Things like THAT impede second hand sales and replay value. Bonus DLC content, on the other hand, is fair prize for first-sale consumers. I believe developers should have the right to hold it back. An extra character skin or a special item doesnt impact gameplay all that much.

    1. Re:DLC.....so what?? by hackwrench · · Score: 1

      I don't get it... How is lowering the resale value a "prize", again?

    2. Re:DLC.....so what?? by Endo13 · · Score: 2

      It all depends on how much you're paying for the game and how important the DLC is. Also, day 1 DLC just really really sounds like something they stripped out of the game to resell separately to make an extra buck.

      The problem with most blockbuster video games these days is that they're overproduced and then overpriced as a result. You don't have to spend hundreds of millions, or tens of millions, or even millions of dollars to create a game that will generate revenues of those same amounts. But they do it any way, thus putting themselves in a position where they have to sell millions of copies at $60-100 just to break even. Then they try to make it sound like it's the fault of gamers when they go bankrupt.

      --
      There is no -1 Disagree mod. Slashdot.org/faq defines mod options. USE IT.
    3. Re:DLC.....so what?? by Rennt · · Score: 1

      Firstly, most DLC is payed for outright, I should be able to sell my access to it. Secondly, I'd define "bonus" DLC as payed-for with the original purchase, but even if you disagree with this definition and consider it a true bonus, the First Sale doctrine still applies.

      Just what is so magical about DLC that makes people think the normal rules do not apply?

    4. Re:DLC.....so what?? by Anonymous Coward · · Score: 0

      Look up "low-ball".

    5. Re:DLC.....so what?? by stillnotelf · · Score: 1

      The game you are thinking about is a Nintendo 3DS game, Resident Evil: The Mercenaries 3D. http://en.wikipedia.org/wiki/Resident_Evil:_The_Mercenaries_3D

  23. The Market by DMJC · · Score: 1

    I've bought more legitimate games for my PS3 than any other system. Want to know the secret? I pay $25.00-$50 per game. They ship from the UK, from OZGameShop.com There's no DRM, there's no bullshit. I put them in my PS3, they install, and they play. I don't have to be online to use them. I own 26 Playstation 3 games, I even preordered 2 of them and paid full price $70-100. That's more than every other console I own combined. If you try to force me to pay $60-120/game. I will stop buying games again. You will have priced me out of the market. I will prefer to spend my $500 on PC hardware, and crack your software. Because I can't justify YOUR prices. There's a point where buying a game is a good honest deal and I will buy many games. But then there's the point where you're ripping me off blind, and I will stop buying your products. It's your choice really. I pay well above average for the humble bundles as well. My first payment was $35 because I saw the value of what they wanted to sell. I wouldn't own any PS3 games or even a PS3 if I couldn't get the games I want for $25 each. You wouldn't have 29 sales of games, hardware, and controllers without that available. That's about $1200 Sony and it's publishers would be missing. Don't screw over gamers, and we won't screw you over. Stop acting like entitled children. You don't own our money and we don't owe you anything.

    1. Re:The Market by Anonymous Coward · · Score: 0

      Fable 2 and 3 did this with there games with there more expensive versions The initial purchaser gets a one time code in the box to unlock the rest of the game and person who buys the game Second Hand will not have access to that content.Unfortunately its becoming increasingly common.

  24. GREED is not good. Do they even notice? by bussdriver · · Score: 2

    As with music and everything else, the big USED product market didn't prevent various massive industries from being born... which are now using their power to warp reality and politics.

    Infinite stock price growth is what fuels this war with their customers. Share holders are all that matters today nobody thinks of customers. The past is not enough, they must wring every cent from you in every way conceivable or the board picks a new CEO. Many newspapers that died were still profitable but not as high as desired (or they were just less profitable but still profitable) so they were gutted and the owners made away on the entrails.

    1. Re:GREED is not good. Do they even notice? by Anonymous Coward · · Score: 0

      And many a business only have themselves to blame for this as well. Saving a few bucks by getting rid of retirement plans and replacing them with 401k's only gives wall street more control over your business.

      Wall street has become a huge parasite on the economy. Like a tapeworm that's gotten to big, it's killing the host.

  25. Re:Baseball by Hartree · · Score: 1

    "Does ANYONE on Slashdot know that this guy is an ex-pro baseball player?"

    Yeah, I do.

    What does that have to do with this?

  26. Dear Curt Shilling by bpkiwi · · Score: 5, Insightful

    Curt

    I can see that you might struggle to understand why you shouldn't get a cut every time something you once produced is re-sold. After all, when you buy a used book you send some money to the original publisher right?. And every time you sell your used car, you are happy to make sure a percentage makes its way to the original manufacturer don't you?.

    Just think, that beautiful antique Ming vase you brought, the original effort and creativity that went into the painting. It's unique, some Chinese artisan spent months, or even years, of their life making it. They would never do that if they didn't know that hundreds of years later when you bought it at an auction in New York, they were not going to get a cut of that.

    Yes, I see your problem. Your problem is that an item's value consists of it's useful value (the value of actually using it), plus the residual value. The residual value is the amount the owner can get by selling the item once they have no further use for it. You are attempting to reduce the residual value artificially. Your problem is that reduces the actual value of the game over all. So guess what? people won't pay you as much for it.

    Your other problem is that you really don't understand the above.

    1. Re:Dear Curt Shilling by larys · · Score: 1

      Very, very well put! ^_^

    2. Re:Dear Curt Shilling by LearnToSpell · · Score: 4, Interesting

      Just think, that beautiful antique Ming vase you brought, the original effort and creativity that went into the painting. It's unique, some Chinese artisan spent months, or even years, of their life making it. They would never do that if they didn't know that hundreds of years later when you bought it at an auction in New York, they were not going to get a cut of that.

      Actually, look up 'droit de suite.' You may laugh. Or cry.

  27. Damned if you do, damned if you don't by mentil · · Score: 4, Interesting

    It seems developers can't win with day-1 DLC. If they release it normally, it's content that should've been released on the disc (even if it was gold or content locked before the DLC was finished). In this case, they're including a one-time-use code to get the DLC for free; isn't that better than asking ALL players to buy the DLC?

    I don't see how this is worse than the other "project 10-dollar" schemes of having players of used games pay for a DLC that unlocks multiplayer or something, especially if the content isn't already on the disc (as the game developers claim).

    Perhaps if they provided an online code generator that anyone could use to redeem for a free copy of the DLC, that'd suffice? It's worth noting that the PC version comes with this DLC already included, no code required, although there isn't much market for used PC games.

    --
    Corruption is convincing someone that the selfless ideal is the same as their selfish ideal.
    1. Re:Damned if you do, damned if you don't by Anonymous Coward · · Score: 0

      Theres no such thing as Day-1 DLC. Its a marketing spin.

      Games typically go gold less than a month or so before launch; so developers are basically claiming that they planned things out so poorly that they couldn't wait a few days/weeks to cram the "Day-1 DLC" onto the disc.

    2. Re:Damned if you do, damned if you don't by Anonymous Coward · · Score: 1

      That only flies if biggest reviewers do not review it with the 1-day DLC.

      Now, do they review it with it?

    3. Re:Damned if you do, damned if you don't by Mitreya · · Score: 1
      In this case, they're including a one-time-use code to get the DLC for free; isn't that better than asking ALL players to buy the DLC?

      I am sorry, what kind of argument is that? If they decided to kick people in the face on the way out of the store, it'd also be significantly better if they only kicked one out of 5 instead of ALL players. Only 20% players kicked in the face!
      They have released a free DLC available to all new players? Then it is basically a part of the game. Now the onus is on them to explain why second-hand buyers shouldn't have access to it. And "we want more money" or "we don't like second hand market" is not an answer.

    4. Re:Damned if you do, damned if you don't by Anonymous Coward · · Score: 0

      The internet is just having a typical 'South Park flash mob' reaction here. "Rabble Rabble Rabble!!!!."

      Asking a company to care about the customers who shop from a direct competitor is silly.
      Their customers get a whole bunch of free content and Gamestop's customers get nothing. From the Article "this is us REWARDING people for HELPING US!" People may not like the concept but what actually happens and what he says seem to align.

  28. traditional model by Anonymous Coward · · Score: 0

    Real physical objects can be resold at no additional cost to the manufacturer... same deal for digital media. What is the problem?

  29. Re:Baseball by Anonymous Coward · · Score: 0

    No, because I aint Merican and I hate Baseball.

  30. Easy solution to this problem by Faulkner39 · · Score: 1

    I got really excited for a very cool-looking game called Spore that came out a few years ago. But then I read about it's DRM policy, which only let you install it a limited number of times before the key became invalid.

    So I didn't buy it. And I've never played it.

    1. Re:Easy solution to this problem by Endo13 · · Score: 1

      Ah yes, I remember the hype from that game. It was supposed to be a revolutionary must-have game. I wouldn't know, because I also didn't buy it and never played it due to the DRM policy.

      --
      There is no -1 Disagree mod. Slashdot.org/faq defines mod options. USE IT.
    2. Re:Easy solution to this problem by Anonymous Coward · · Score: 0

      Don't worry, you really didn't miss anything.

      -A sucker who caved.

    3. Re:Easy solution to this problem by GameboyRMH · · Score: 1

      I heard it was terrible anyways, only good for making penis-monsters.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    4. Re:Easy solution to this problem by toriver · · Score: 1

      Good for you. I still curse the reviewers who apparently felt they had to praise that stinking pile of poo just because it was from the Populous creator.

      Should have learned from the atrocity that was Black & White that he cannot deliver on his hype.

  31. Give the game developers a break by Karmashock · · Score: 2

    They are doing their best in a very tough industry.

    It's very easy to work really hard, put your heart into a project, and then have it die with NOTHING to show for it.

    Even the guy flipping burgers knows he's going to get paid even though not very much. These game devs will sometimes work on projects for years spending profits from old projects or savings on the hope that the new project will be worth the effort.

    Great game studios go out of business all the time for lack of sales, poor marketing, or just bad luck.

    I'm not commenting on this specific technology they're trying here... I'm just saying... give them a break. They're trying really hard to stay in a business they love and we the gamers enjoy.

    One thing which I wish the game companies would try more of is serialized game development. There have been some experiments with this but I really feel this is the solution to a lot of problems. Rather then making the game all in one shot, focus on sorting out the engine, netcode, etc out and then release the game in little packets good for an hour or so of gameplay.

    Then the investment isn't as large. If people aren't buying the game then stop development after a couple episodes rather then completing a full season which should be roughly equivalent to a large full release game.

    Further, if the game is a success and sales are good you can just keep releasing episodes ultimately making a much larger game then you'd otherwise release. And the game dev gets rewarded for making larger games.

    Right now in the current game market you can charge maybe 50-60 dollars for a AAA game title. If you release a game that is twice as big as most games on the market you can't charge 120 dollars even if its' well worth it. Gamers just won't pay it.

    However, if you packaged the game into episodes then you could charge 2-5 dollars per episode, release a new episode every month or so, and then keep making them for as long as people bought them.

    That gives you all the long lasting profits of an MMO with all the great single player goodness we've been missing from MMO titles.

    My only experience with this model so far has been the games from TellTale Games. I preordered the whole Monkey's Island series and was very happy with the process. I think I paid 40 dollars or something for the whole series and they released a new title every two months over the course of a year. I can't speak for everyone but I was very happy with the arrangement and if anything would have been very happy to buy a second season.

    In any case... that's my suggestion. Break the games up into bits small enough that you can afford to fail and expandable enough that if you have a hit you can milk it for all it's worth. That's why some TV shows only have two episodes and others go on for 10 years. If it's a flop you're out the cost of a pilot. If people like it you can just keep making them until people get tired of them or you decide to retire you private island.

    --
    I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
    1. Re:Give the game developers a break by slippyblade · · Score: 1

      Episodic game development would be fine. The problem here is that this ass-monkey is flat out saying that, as the publisher, they should be allowed... No, we should be required... to make sure they earn a profit on every single change of hands.

      That is nonsense.

    2. Re:Give the game developers a break by gl4ss · · Score: 1

      wtf dude? I can assure you that all people working on this kingdom of crapalur designfest have been on salary already. except for the guy who went "OMG MMORPGSSSS EQUAL MONEYYY!!!" and had the imagination to hire mcfarlane and salvatore.

      it's the _investors_ who want/need this crap. the same investors who paid for this kingdom to be designed with big money and big names, so the design is what you'd expect.. "Kingdoms of Amalur will feature "5 distinct regions, 4 playable races, and 3 class trees with 22 abilities per tree." is really everything you need to know about it. fuck ability trees. the races in the world are just as imaginative as you'd expect from a noted fantasy author too(read: you'll get bored of the list after dark elves). why the fuck you'd write a professional writer and then just lift the player classes out of other games, assassin? nightblade? really? the graphics are just as silly as you'd expect if you'd hire someone to draw "stupid fantasy shit that teens like", it's not that mcfarlane couldn't draw but you'd have to instruct a hired artist to stick to somewhat realistic look so that it wouldn't look like alternative reality scenes from marvel.

      oh and you can't really build something like ultima 6 or oblivion in episodes, it just doesn't work that way to build a virtual world..(yes, I did check that kingdoms of crapalur has the lead designer from oblivion, or at least the guy who held the title in credits apparently).

      it's not just the price increase for not being able to sell the used game - which wouldn't matter if it was a really good game anyways - it's the added hassle of having to later get _cracks_ to access all of the content once the investors think there's no longer roi on keeping the activation and dlc servers online(which pretty much makes only the pc version of this game playable in 5 years - and 5 years isn't much!).

      some more excerpts from the wikipedia page http://en.wikipedia.org/wiki/Kingdoms_of_Amalur:_Reckoning reveal the whole fucking game as just a silly money grab.

      Development

      38 Studios, owned by former baseball pitcher Curt Schilling, originally began developing the Amalur universe for use in an MMO, codenamed 'Copernicus'. After acquiring Big Huge Games in 2009, the studio decided to transform the project into a single-player RPG, as Ken Rolston and his team had already been working on an RPG while Big Huge Games was part of THQ.[4] Currently, there are still plans to expand the Amalur universe into an MMO after the release of Reckoning.[8]
      [edit]Demo
      A playable demo was released on January 17, 2012 for Windows (Steam and Origin only), Xbox 360 and PlayStation 3.[9] It quickly garnered attention for "way more buggy than anything anyone should ever release", with a wide-ranging glitches affecting even the simplest gameplay[10][11].

      thing here is that curt's an ex pro sports player looking to make money with video games.. with apparently very little imagination, so he just lifts the dlc trick out of other publishers book and runs with it. doesn't even bother to delay the dlc like the more experienced publishers do to justify things.

      --
      world was created 5 seconds before this post as it is.
    3. Re:Give the game developers a break by besalope · · Score: 1

      They are doing their best in a very tough industry.

      It's very easy to work really hard, put your heart into a project, and then have it die with NOTHING to show for it.

      Even the guy flipping burgers knows he's going to get paid even though not very much. These game devs will sometimes work on projects for years spending profits from old projects or savings on the hope that the new project will be worth the effort.

      Great game studios go out of business all the time for lack of sales, poor marketing, or just bad luck.

      You just described life. Everything we do is risk weighed against reward. Anyone with a job has worked on a project that has folded or not turned out how we had hoped; however, that does not give us the right to infringe on the doctrine of first sale.

      What we can do is learn from past experiences to capitalize on positive results, and repeat them, while hedging against negative outcomes. The path the content industry in general has been following as of late is one of laziness and hubris. Increase the length of use or play while building in repeatability and users will be less likely to sell off content as they have not finished consuming to the full potential. RPG-based games tend to perform this function well as the side quests increase the length of play time while swapping between classes can change elements of game play even if the storyline does not change significantly. If you are unable to provide lasting value for consumers, your business model is flawed and unsustainable.

    4. Re:Give the game developers a break by Karmashock · · Score: 2

      No point getting upset about it. If it's a stupid idea it will fail. If it's a good idea it will succeed.

      He has every right to try to do this... he's breaking no laws.

      So whether an assmonkey or not, he is entitled to do this... whether or not he makes money doing it is at question.

      --
      I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
    5. Re:Give the game developers a break by Karmashock · · Score: 1

      and where did the money for that salary come from? From the savings or past profits of the company or the savings or past profits of the publisher.

      It's all done on speculation. When a game dies they're out time and money and have precious little to show for it.

      As to building a world like oblivion in episodes... yes you can. You just don't build the whole world at once. You build part of it. And with every addon you get another piece of the world added.

      Lets say episode one is entirely within a castle... so you only need to build the part of the world that is in the castle. Then episode two is in a nearby town... so you need to make all the land between the castle and the town and then make the town. Then episode three is... etc.

      If you find the edge then its up to the game dev to decide how to communicate that. Maybe they put in an invisible wall. maybe they let you walk off the edge of the earth. Maybe all the ground is still there but the textures turn white and it's clear there's nothing out there but more blank space.

      Stay within the module/episode and you won't encounter any of that.

      What happens when you walk off the edge of the earth in Oblivion? Same difference.

      As to making money, I doubt he went into the business to make a quick buck. It's a terrible business for that. Most people in teh game business are in it because they love it. There are better ways to make money if that's all you care about.

      Anyway, your attitude is not constructive. Try to actually understand the issue rather then spewing bile.

      --
      I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
    6. Re:Give the game developers a break by windwalkr · · Score: 1

      There are two problems with this:

      * Developing the first part of the game is often the bulk of the cost. Let's say that it's 70% of the work, as compared to doing a monolithic game. Since you're expecting to sell it at $2-$5 rather than $50+, you're causing a pretty hefty loss of income with quite a small loss of expense. You'd better be sure to sell lots of episodes.

      * "Sequels" don't sell well. You'd need to be very well loved to bring income that compares to a monolithic game. If you're that well loved, you would have made this money by selling at the higher price anyway.

      Not saying it can't ever work, but this model adds a lot of risk in a business that's already overly risky.

    7. Re:Give the game developers a break by Karmashock · · Score: 1

      And most people have a little more patience with most other companies. This sort of negative attitude towards content creators is unique. No one treats their farmers this way. No one treats their accountants this way.

      Everyone understands that everyone else has a right to get paid for services rendered, to reward loyal customers, and to try and punish people that steal their work.

      This is no different. You don't like this specific method? Fine. But don't say the very attempt itself is immoral. it's entirely understandable and reasonable.

      Do I approve of this specific method? I don't see why anyone actually cares? it doesn't hurt anyone besides perhaps resellers but honestly who is buying used PC games at this point? And really if the DLC or unlock is actually worth a damn then there are probably a dozen different freely downloadable patches that will do the unlock for you or one of the torrent networks will give you the DLC. It just doesn't matter.

      I can only assume that the people that are mad about this are just mad because they like being mad about something. Just calm down... this is meaningless.

      --
      I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
    8. Re:Give the game developers a break by Karmashock · · Score: 1

      Ideally the initial development costs could be put towards other games. Look at Bethesda or Valve for example. How many times has Bethesda reused the same engine and game code? And look at Valve... once they had the source engine they made and licensed dozens of games using the same core technology.

      So that isn't really an issue. The game dev should have a platform for games that can be turned towards different applications and ideas. If one doesn't work out. Kill it and shift to another idea based on the same technology. You don't even need to invent it yourself. License the engine from Unreal, valve, etc... and just run with it. Make a small proof of concept game that is worth a couple bucks and see if people like where you're going with it. Then offer the next installment for another 2 dollars and so on. ideally each component should be individual and shouldn't depend upon prior segments. That is to say I should be able to buy episodes two and five without buying or downloading episodes 1,3, or 4.

      As to sequels, actually they do tend to sell well.... that's why they make so many of them.

      Super mario 1.
      Super mario 2
      Super mario 3
      Super mario etc

      Legend of zelda?

      Sonic the hedgehog?

      Serious Sam?

      Unreal?

      Halflife?

      Warcraft 1
      warcraft 2
      warcraft 3
      World of warcraft

      Starcraft 1
      Starcraft broodwars

      Starcraft 2 part 1
      Starcraft 2 part 2
      Starcract 2 part 3

      Diablo
      Diablo 2
      Diable 2 expansion
      Diablo 3

      Homeworld?

      Doom?

      warhammer 40k
      Warhammer 40k winter assault
      Warhammer 40k whatever the thing on kronos was
      warhammer 40k soulstorm

      Warhammer 40k 2
      Warhammer 40k 2 first expansion
      was there a second expansion? I forget.

      Castlevania?

      Silent hill?

      Street fighter?

      Mortal combat...

      The whole industry is like 80 percent sequels.
      It just goes on and on and on and on.

      I mean... you couldn't possibly have been more wrong.

      *cooks up some crow with the feathers left on*... you're going to need to eat that before we continue here because that was just an absurd statement.

      --
      I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
    9. Re:Give the game developers a break by Anonymous Coward · · Score: 0

      They are doing their best in a very tough industry.

      It's very easy to work really hard, put your heart into a project, and then have it die with NOTHING to show for it.

      You do realise that this isn't our problem, it's theirs? They're not guaranteed a profit, never have been. Make a game people want to buy, and people will buy it. The second hand market exists, and it's legal. Get over it, it's not going away.

      They're not owed money for their hard work. It's that simple. We, however, are owed a product for our hard earned money, and they accepted this the moment a sale is completed. Do you not think I'm owed something for my money?

    10. Re:Give the game developers a break by Anonymous Coward · · Score: 0

      Gamers getting upset in an organized backlash against a single gaming company is very much the point.

      Voting with our dollars worked on Spore when EA tried to introduce crippling "always on" DRM with limited installs.

      Especially in the PC market there is a glut of good games fighting for our attention. Having gamers turn their back on your studio which is trying to introduce customer unfriendly practices can be highly effective since our demand for their products is highly elastic.

    11. Re:Give the game developers a break by Anonymous Coward · · Score: 0

      >One thing which I wish the game companies would try more of is serialized game development.

      Are you ****ing kidding? Games aren't novels. How do you serialize building a game engine? "Oh, hey kids, textures and physics are coming in the next installment, cross my heart." Even if studios buy a third party engine, *somebody* has to go all in to take the risk of building that engine.

  32. It's a simple price increase. by infosinger · · Score: 2

    Under the old model I could buy the game for $59 and sell it for $19. Net cost is $40. Also, I could share the game on all the consoles or PC's in my household (Family plan). Now the game is $59 and the family plan is over $118 or higher. Now add the inconvenience of the DRM and the effective playability (i.e. value has been decreased). Take all this together and ask: Is this game still worth buying? Some people will still buy at this "higher price" some won't. If they made the right choice they will have higher profits, if the didn't the result will be lower profits. Getting all upset because they "screwed up" the product is like getting all pissed off because the new Ford Mustang only has a 100HP engine and they are charging the same price for it. You probably won't like it, won't buy it, and Ford will have lower earnings.

  33. Re:Baseball by BLKMGK · · Score: 1

    Should I care? Why would I? His whining is crap no matter what his previous career might have been and lends no substance to his views.

    --
    Build it, Drive it, Improve it! Hybridz.org
  34. By his logic... by VJmes · · Score: 2

    Car companies should limit features in their cars when sold as used. Say GM can disable the GPS or in-dash entertainment when their car is on-sold to someone else and then offers an upgrade to the new owner, all because the new owner isn't rewarding the thousands of engineers and designers who put so much work into that car.

    No, bullshit and that reasoning would not be accepted by consumers in any other industry. So why do publishers constantly treat their customers like a piece of shit and why does the average consumer accept it?

    1. Re:By his logic... by RPGillespie · · Score: 0

      So why do publishers constantly treat their customers like a piece of shit and why does the average consumer accept it? Publishers treat consumers like crap because they really only care about the consumer's wallet, not the consumer. They will push the consumer's pocketbook until the consumer starts complaining, then back off ever so slightly. The average consumer accepts it because it requires (in their mind) too much effort to attempt to change the way things are going. It's easier to just shell out $50 and play the game you want to play, even if it uses DRM.

    2. Re:By his logic... by Anonymous Coward · · Score: 0

      This is not the point, by not including the content in the onsold game is not the same as disabling the content.

      Your point is true if say GM decided not to give you a free bottle of wine every time the car is sold, or you didnt get free upgrades to the incar satnav.

    3. Re:By his logic... by Theaetetus · · Score: 1

      Car companies should limit features in their cars when sold as used. Say GM can disable the GPS or in-dash entertainment when their car is on-sold to someone else and then offers an upgrade to the new owner, all because the new owner isn't rewarding the thousands of engineers and designers who put so much work into that car.

      No, it's actually like GM giving you a free tank of gas or a free first oil change if you buy from them, but if you buy used, you have to pay for those separately.

    4. Re:By his logic... by dpdjvan · · Score: 1

      Well that does sound like OnStar with GM vehicles. When you buy a new one you get so many years of it but if you sell the car the next person purchasing it does have to subscribe to the service. This also sounds like "bonuses" that the deal will give you to buy a new car rather than one of their used ones, the difference is that those bonus end while you still own the property while this sounds like you you have the extra as long as you have the game.

  35. what if authors did this with their books by Anonymous Coward · · Score: 0

    Maybe authors can find a way to keep you from reading the ending of their books unless you buy the new hardback!

  36. Greedy bastards by Anonymous Coward · · Score: 0

    I don't see auto companies trying to make an extra buck by locking out the radio or air conditioning when I buy my car used and forcing me to pay an additional fee to unlock it. So why do these game companies think they can? If they would actually price their games more reasonable then maybe more people would actually buy them new instead of used or even pirating them. Ever think of that option there ya jackasses?

  37. The game sucks... by Charliemopps · · Score: 1

    Several ex-SOE execs/developers on staff and you're surprised it turned out this way? Not only that but the game is just shit. Don't give them your money, then you have nothing to complain about.

  38. "rewarding people for helping us!" by hackwrench · · Score: 1

    Right, so lowering the resale value of the disk is "rewarding people for helping us!" Does that make sense to anyone?

  39. Anger by Anonymous Coward · · Score: 0

    Anger With Game Content Lock Spurs Reaction From Studio Head Curt Shilling

    Can we get an English translation please?

  40. I have a question by winmine · · Score: 0

    Why do people always have names that predict their behavior. -?

    This guy is named Curt Schilling and he is shilling his game in a very curt way.

    Alan Greenspan controls a large span of green money.

    Joe Paterno is a paternal figure, or was.

    Are parents really that good at vocational guidance? I'm trying to think of others.

  41. When is a sale not a sale? by zzatz · · Score: 1

    Game companies do get paid when the company sells the game. Now that copy belongs to someone else. That's what 'sell' means. No company deserves to be paid when someone else's property is sold. But that's what they want. They want to be paid for selling it once, and then get paid again when the original purchaser sells his own property. It ain't your property any more after you sold it. What's hard to understand about that?

    There are other business models that would keep money flowing to the game company. They could lease or rent games. They could sell under a contract that governs resale. But if they want to make a simple retail sale under state laws following the Uniform Commercial Code, then the terms are simple: once you accept value in exchange, what you sold no longer belongs to you and you have no say in its resale.

    Game companies, if you don't like the terms and conditions of retail sales under the UCC, then don't sell your games that way. If you like the simplicity of sales under the UCC, then suck it up accept that purchasers have the right to resell when they no longer want your game. Maybe you should figure out why purchasers don't want to keep your games. Maybe you should stop worrying that someone else made money from reselling something that you already got paid for once.

    Making used copies worth less just proves that you're control-freak assholes. Sales of used copies does NOT lower the initial sales; people will pay more when they know they have the option to sell their copy later. Anything you can do to reduce the value of a used copy reduces the value of the first sale. Car companies advertise the high resale value of their brands as a good reason to buy. Why do you guys have this backwards?

  42. Re:Baseball by Anonymous Coward · · Score: 0

    Baseball? Is that the simplified cricket played in the colonies?

  43. 38 Studios might be b/w a rock and a hard place by Anonymous Coward · · Score: 5, Informative

    Curt Schilling, the CEO, is an ex-Major League Baseball pitcher who is likely headed for the Hall of Fame (he lead three different teams to 4 World Series). He turned his video game hobby, marketable name and tens of millions in the bank into a post-baseball career as game studio head. In parallel, he has flirted with the idea of entering politics as a conservative Tea Party-type candidate, and wrote occasional political as well as baseball commentary on his 38 pitches blog.

    To nobody's surprise, 38 Studios (38 was Schilling's uniform number with the Red Sox) soon fell well behind schedule on their AAA game, and was hemorrhaging cash. They tried to get Massachusetts (their original home base) to guarantee a loan, but Mass said no. However, a business development board for Rhode Island (a notoriously poorly run state with a longtime corruption problem) agreed to co-sign a $75 million (!) loan, on the conditions that 1) 38 Studios relocate to RI; 2) RI gets a substantial equity stake in the company; and 3) 38 Studios agrees to meet an aggressive schedule of hiring hundreds of RI citizens to good-paying staff positions. The board is hoping that Schilling's company will help spark the emergence of a tech industry in RI. That's a big reason why they have so many employees, and why they have little or no wiggle room in cutting consumers a break. They need the revenues, now!

    You may have noticed that they missed the 2011 Christmas season (as well as 2010, etc). Lots of Democrats pointed out that by accepting the government-guaranteed loan, Schilling violated all the "small government, free market" principles he'd been espousing in his blog. I've noticed that since the move, Schilling hasn't blogged about politics, and was amusingly silent when Boston Bruins goaltender Tim Thomas refused to join his teammates for the Stanley Cup victory dinner at Obama's White House (just the kind of news item Schilling used to delight in blogging about).

    Good luck, Curt.

  44. The golden rule... by Anonymous Coward · · Score: 0

    Summers like the music and movie industries already provided a good example of this... It's not exactly hard to figure out, but no creative. Industry seems to have gotten it yet... Treat your customers like pirates, and that is what they will become. Treat them like reasonable people, and that is what they will be.

  45. Who writes these story titles? by wizrd_nml · · Score: 1

    This has got to be one of the most convoluted story titles ever. I had to read it 3 times before it started making sense.

  46. Very simple by Anonymous Coward · · Score: 0

    Explain this to Curt in the only way he seems to understand: Don't buy the game until it gets fixed.

  47. I think I have the answer he's looking for by slashmydots · · Score: 1

    "companies are still trying to figure out how to receive dollars spent on games they make, when they are bought. Is that wrong? if so please tell me how"
    Because whenever I buy any other product on the freaking planet, I can do whatever the hell I want with it and resell it to anyone. Autodesk (the autocad people) and gucci (the fancy purse and whatever else people) already lost lawsuits trying to control secondary sales of their products. Get ready for a lawsuit, greedy assholes!

  48. Minecraft by steelfood · · Score: 1

    They made loads of money with a game that didn't even require some kind of per-copy authentication code. You technically only need the jar file to play it. Even the initial log in is completely unnecessary for single player, and even occasionally for multiplayer. And yet, they somehow can continue to release updates and new content, and make tons while doing so.

    MBAs like to talk about maximizing profit, but what they don't realize is that maximizing profit simultaneously means minimizing customers. Nowadays, people can smell this kind of stuff; they know when they're being treated like crap. And I'm pretty sure they've just about had enough of it.

    --
    "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
  49. Game studio screws customers? by jwijnands · · Score: 1

    Since when is this news people? The last few years the games industry is looking up to the motion picture industry for lessons in how to screw your customer, sorry, how to optimize your revenue model. Next up, a law prohibiting the resale of any used software product.

  50. Solutions exist, they ignore them by Anonymous Coward · · Score: 0

    The article talks about how Gamespot has a monolopy on used game sales. They sell the original for $59.99 and the used right next to it for $54.99. The developer's solution to this is to use DLC and one-time use codes, both of which gamers hate.

    What they should be do is competing with Gamespot instead of trying to restrict use. "The more you tighten your grasp..." They could open their own stores and buy back used games then resell them. Then they'd get money from the new sales and money from the second-hand sales. In fact, if the publishers got together with their own chain of stores, they could simply stop shipping new games to Gamespot. If physical stores are too much to setup, then include a free shipping insert in the box to send the game back to the publisher. The gamers just put the game back in the box, stick the label on the outside, and drop it in the mail. A credit shows up on your account 4-8 weeks later. Not perfect, but not too bad either. Instead, they shove DRM down their users throats. FU developers/publishers, FU. (coming from an aspiring AI developer, but I'll only be working at small shops or on freeware).

  51. This is nothing new, right? by Anonymous Coward · · Score: 0

    My only confusion here is that I'm pretty sure almost every game I've bought this year has had something like this to encourage people to buy games new instead of used (or discourage used game sales period).

    Batman, Assassin's Creed and Dragon Age all came with codes to unlock levels, armor or characters that otherwise had to be paid for as DLC.

    So why is everyone so up in arms about this game in particular? I expect most will say it's content that's "on the disc" but that term is ridiculous with our current tech. This just seems like an overreaction from people who are mad about an industry wide issue and decided to make this game their battleground for some arbitrary reason.

    1. Re:This is nothing new, right? by Phernost · · Score: 1

      Straw that broke the camel's back, I guess.

  52. fool. by unity100 · · Score: 1

    When this thing starts to fly in software and content, do you think that the other industries will just let it slip to have ONLY those industries have their way ?

    within a year you would start to see all cars becoming sold per 'license basis' with endless number of conditions attached. actually everything else.

    the proposition here is whether someone who sells you something can have right to control you after the sale.

    1. Re:fool. by Elbereth · · Score: 1

      So, your entire argument is based around a logical fallacy?

    2. Re:fool. by GameboyRMH · · Score: 1

      within a year you would start to see all cars becoming sold per 'license basis' with endless number of conditions attached. actually everything else.

      See: Nissan GTR, McLaren F1, Maybach, Ferrari FXX, Lotus T125.

      The Nissan GTR is a $100k daily-drivable car, it's creeping down from the million dollar toys...

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    3. Re:fool. by GameboyRMH · · Score: 1

      Look at how curated computing has taken off and say it isn't true.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
  53. Let's take a car example. by Anonymous Coward · · Score: 0

    Let's take a car example. When you buy a car, you paid tax 100%. So when you sell it to the next person, he/she won't have to pay the same tax again.

    Oh wait, I forgot that I don't live in an imaginary world. Never mind. Move on.

    1. Re:Let's take a car example. by michaelahess · · Score: 1

      That's a "Use" tax or in some cases a property tax, not a sales tax, different thing. It may be based off the value of the vehicle however. Wait, no that logic still fails, yup you still get ripped off, hum. So many similarities..... Sorry thinking about the registration fee's, not the re-taxed sales tax from the dealer. With crap this complicated, it's a wonder anyone buys anything.

  54. Piracy is great by sakdoctor · · Score: 0

    Piracy is great because it gives something to compete against. If your proposition looks shitty compared to piracy, you need to improve the product.

    Is it considered stating the obvious to say: DRM is the opposite of improving the product?

    1. Re:Piracy is great by donscarletti · · Score: 3, Insightful

      Everything looks shitty compared to having the same thing for free.

      --
      When Argumentum ad Hominem falls short, try Argumentum ad Matrem
    2. Re:Piracy is great by MobileTatsu-NJG · · Score: 1

      Everything looks shitty compared to having the same thing for free.

      If that were true the video game market would already be in ruins. Ponder on that thought for a bit before you drudge up the 'you cant compete with free!' nonsense again.

      In the mean time, pirated games don't require you to call a phone number to get permission to install them, which is what the original poster was talking about.

      --

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

    3. Re:Piracy is great by Terrasque · · Score: 4, Interesting

      Actually, that's not entirely true. Pirating games looks shitty compared to Steam in my opinion.

      * No need to find new crack every time the game updates (or even check for new version.. it auto-updates)
      * In-game chat system, with one-click multiplayer join function (for those games that support it)
      * Savegames are stored on Steam's servers and synced between machines (for those games that support it)
      * Consistent screenshot / gallery system across games, with upload support to Steam servers.
      * Game statistics and achievements, displayed online on your profile.
      * Direct access to high-speed download of games, no virus risk, minimal game install process.
      * No need to search around, try different downloads, find one that downloads fast, then find out if it has virus, then find out if it works... Just click-click-click-click-click, and it downloads, full speed.

      Yes.. Steam can fail (server down, can not start single player game), and it's offline modus can really do with some improvement (you have to be online to play offline? What?), but overall it does give some value over pirating games.

      --
      It's The Golden Rule: "He who has the gold makes the rules."
    4. Re:Piracy is great by AnttiV · · Score: 1

      Actually, not. Compare pirated games
        * need to have the crack, if game is updated you always need to wait for the newest crack for the new update before updating.
        * Looking for cracks can (and probably will) lead you to viruses and malware
        * After cracking, most games STILL only allow you to play offline only, no multiplayer functionality (or sometimes local-mp only, but that's rare).
        * Sometimes cracks do not work, or work only partially, so need to search for another, working crack (see point two).
        * you need to keep the installer around in case you re-install windows. Also remember that the crack sometimes doesn't work with the new system (32bit vs 64bit, for example.)

      to, for example, Steam games, particularly the ones on sale
        * no need for any cracks, game always stays updated
        * everything perfectly legal
        * full experience: multiplayer, local and internet, singleplayer, everything.
        * Even if you reinstall, just log in to your Steam account and hit "install", wait and hit "play".

      Now, if you ask me, 5 to 20 euros for that simplicity, reliability and easiness isn't that bad. I'd much rather just shell out a few bucks than spend my evening searching for and trying different cracks and installing/re-installing the game in question and afterwards waiting for that new crack for the upcoming patch...

    5. Re:Piracy is great by makomk · · Score: 1

      That's true so long as you have a decent internet connection with the exception of, for some reason, Portal 2. The DRM for that was hugely broken on release to the point that many users couldn't play it, and I still have to disable my anti-virus software or it'll exit to the desktop with one of a number of cryptic DRM-related errors.

    6. Re:Piracy is great by B1oodAnge1 · · Score: 5, Interesting

      See, that's not true, Steam is a perfect example of why it isn't.
      Valve has managed to create a DRM system that actually adds value to the game for the majority of users. Every single Valve game is just as easy to pirate as games from other publishers, yet they lose very little sales to piracy. Why do you think that is? It is because Valve makes buying from steam more attractive than piracy.

      --
      RUGBYRUGBYRUGBY
    7. Re:Piracy is great by TFAFalcon · · Score: 1

      On the other hand pirate games don't automatically download broken patches, save games don't randomly disappear and they sometimes get patched sooner and better then the 'official' versions.

    8. Re:Piracy is great by Gideon+Wells · · Score: 1

      I wish I had mod points to give you.

      Most of the time I would rarely sell games because they would get me next to nothing back by time I was done with them, but I'd buy used. Steam often has sales and ensures I can never lose the game like I can with a disk.

      --
      by Anonymous Coward: I, for one, welcome the shift from car analogies to pizza analogies. um.. overlords?
    9. Re:Piracy is great by Anonymous Coward · · Score: 0

      not true. many people compete successfully against piracy. give people what they want at a reasonable price and they *will* pay. give them less than what they want at a price that they used to pay for more and they'll be driven to piracy. pirates are just under-served customers. thinking its impossible to compete against free is where the current market gets confused. hell, look at the humble bundle. they let you pick any price you want AND people end up paying more then most even expected. people *will* pay. it's people who are too dumb to see that that end up ruining the market by trying to stop piracy instead of competing.

    10. Re:Piracy is great by delinear · · Score: 1

      Not necessarily. It's nice to get official support and to be able to install patches and updates that might not work with a pirate edition (it's also nice to know that there's less chance of malicious code being bundled with the game - although DRM rules out that argument). There are plenty of ways game studios can compete with free - devaluing their products (because who will want to pay full price for these games when it becomes clear you can't sell them on) is a stupid, short sighted move and we can only hope it comes back to bite them. Interestingly, even though pretty much all content is already out there for free, the entertainment industries still make billions annually. This is a clear indication that people do want to buy their products, they should focus more on finding the sweet spot that represents value for money and less time coming up with schemes to penny pinch their paying customers.

    11. Re:Piracy is great by GameboyRMH · · Score: 1

      GoG vs. TPB? GoG looks better IMO.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    12. Re:Piracy is great by Miseph · · Score: 1

      Except you don't get the same thing. Many games come with things like maps, manuals, etc. Pirates don't get those. Actual buyers are not subject to lawsuits or criminal charges. Pirates are. Owning a legitimate copy of a game often gives an inherent sense of righteousness that non-sociopaths tend to find appealling. Pirated copies do not. Legally purchased software doesn't (usually) come with malware or otherwise compromise the system on which it runs. Pirated software is notorious for doing just that.

      The simple fact that game sales happen in a world where piracy is trivial even for technologically unsophisticated users is pretty good proof that there is more than a simple comparison of initial purchase price at play. To the extent that legitimate purchases become *harder* to use and make than piracy, and as they become *more likely* to cause virus and other malware infections, and as the benefits such as they are are further eroded and mitigated by the publishers themselves, then legal purchases become even less appealing compared to piracy.

      Basically, they're taking everything about buying a game that isn't shit compared to piracy, and fixing that small oversight by making sure it really is. It's not just cutting off the nose to spite the face, it's blowing the face off with a shotgun because another face resembles it.

      --
      Try not to take me more seriously than I take myself.
    13. Re:Piracy is great by bkcallahan · · Score: 1

      * Direct access to high-speed download of games, no virus risk, minimal game install process.

      Haven't seen a virus from any of my downloads in *years* (2005-ish?); most torrents can, and will, max out my 25/25 pipe. Insofar as minimal, running one extra program before you start it up is not a hassle. I guess if you're one of the suckers using public toilets, err, public trackers then it might be an issue.

  55. The sad part is... by Anonymous Coward · · Score: 0

    ...that if gamers get fed up and boycott these companies to show that they have power as consumers, the companies will blame the lost sales on piracy.

  56. Total bullshit. by Beelzebud · · Score: 1

    Every other product you buy, you can resell. This is as old a concept as trade. What is it about video games, or game developers, that makes them special and out of bounds for resell? Nothing. They're just greedy fucks.

  57. Not about bargin bin by Telvin_3d · · Score: 4, Insightful

    This isn't about games being picked out of bargain bin for $5 two or three years after release.

    It's about the practice of game stores selling new $60 games, then a couple weeks later buying them back for $8 (or more typically store credit) and re-selling them for $55. It's a practice that sees almost as much money leave consumer pockets but half as much reach the people who actually made the games and is very wide spread. The stores deliberately under-stock new games in order to push people towards the used copies. It's typical to go in a week after release and be told they don't have any new copies, but there are a half dozen used for a couple dollars off.

    It's a practice that's bad for the developers, the publishers and fairly bad for the consumers as a whole. Basically bad for everyone but the pawn shops in the middle. It siphons enormous amounts of money out of the industry and is one of the reasons that basically every studio smaller than EA or Ubisoft is forced to sell out or close, regardless of how well liked their games are.

    Yes, measures taken to combat this have some nasty collateral damage. No such thing as perfect system in real life.

    1. Re:Not about bargin bin by Rennt · · Score: 5, Insightful

      I understand the pressure that publishers are under, and I can understand that they see profit made by GameStop and want a piece - the simple truth is that they just haven't earned a dime of it.

      IT'S YOUR BUSINESS MODEL, STUPID! GameStop can only abuse the industry on such a massive scale because of the prices YOU set. And if you offered an online service for users to trade used licenses, not only could you make a bit off the second hand market but you would put GameStop out of business overnight.

      Exploiting your customer base and breaking games is NOT acceptable collateral damage.

    2. Re:Not about bargin bin by Mabhatter · · Score: 1

      Well if new games left GameStop more than $5 in markup that might change. You'll notice the chain box stores can't have sales more than a few bucks... Because the retail margin is that slim. For a $60 product a retail store should get $20~ in margin... Just to keep the lights on. Used is the only thing that keeps actual GAME stores in business now.

    3. Re:Not about bargin bin by kyuubi · · Score: 1

      You don't understand sales. If I'm selling games and my competitor down the road is limiting stock in order to make a little more money next week, guess what? I'll stock more games and steal his sales.

      What you're talking about is collusion between stores. First, it's illegal. Second, even if it happened anyway, it's impossible to get that sort of agreement going between such a large number of stores. Collusion is easy when there's only 3 stores and the managers all play golf each Wednesday morning.

      Not so easy when every Joe Soap is a competitor not in on the little secret.

      Sorry to burst your little conspiracy bubble. I know how self-important such cynicism makes us feel.

    4. Re:Not about bargin bin by Anonymous Coward · · Score: 0

      well said, the store adds little value for the consumer, but takes a big cut, I have had stores try to dissuade me at the counter form buying the full price game, instead suggesting I save a few bucks on a pre-owned, so they can make a bigger margin, but how much of the money I spend on the pre-owned game will go to developing new games? Zero. It's not a sustainable model, roll on all digital, bricks, mortar, dead trees and bits of plastic to sell data? time to move on.

    5. Re:Not about bargin bin by sabt-pestnu · · Score: 2

      Odd... you'd think that a publisher could dictate terms to his retailors. Like, perhaps, "you and your subsidiaries cannot sell 'used' copies of this game for X period of time."

      Or they could announce that they will have DLC available on day 1 for customers with verifiable new copies and on day X for all valid copies of the game ("new" or "used").

      If I can think of this after 2 minutes, consider what a game publisher could do with 6 months to think about the problem.

    6. Re:Not about bargin bin by Anonymous Coward · · Score: 0

      On this hypothetical license-trading network, when a license loses no value after being used (being essentially just a collection of bits), the second-hand product is identical to the new product, and the only reason to charge less than the first sale price is to have someone buy your license rather than a new one. This would lead to the games company being undercut on their own product by their second-hand sellers, and they'd presumably only get 10% of the face price as commission. Doesn't seem like a very good deal to me.

    7. Re:Not about bargin bin by Warwick+Allison · · Score: 1

      If I bought a crap game for $60 and only got a couple of weeks out of it, I'd want mre than $8 residual value. Why do people buy sucky games for such prices?

    8. Re:Not about bargin bin by Anonymous Coward · · Score: 0

      why are the games so bad that customers are willing to trade them in for $8 a couple of weeks after buying them?

    9. Re:Not about bargin bin by Anonymous Coward · · Score: 0

      oh cut the crap and say the name of the chain that does this.

      Gamestop. Dont even mention EB, they're gamestop too.

      Gamestop took over, and ruined the concept of the small videogame shop.

      There's one indepedent game shop in town, and unlike gamestop, they actually have decent prices for used game,s and decent buyback prices too. and they happen to have every system dating back to the 1980's. You know, how funcoland used to be. Before gamestop bought them out too and destroyed them?

      It's sad that the developers choose to punish the owners of the games instead of gamestop.

    10. Re:Not about bargin bin by Anonymous Coward · · Score: 0

      Odd... you'd think that a publisher could dictate terms to his retailors. Like, perhaps, "you and your subsidiaries cannot sell 'used' copies of this game for X period of time."

      Or they could announce that they will have DLC available on day 1 for customers with verifiable new copies and on day X for all valid copies of the game ("new" or "used").

      If I can think of this after 2 minutes, consider what a game publisher could do with 6 months to think about the problem.

      Companies cannot dictate terms these kind of terms to retailers - they would run into all sorts of anti-trust issues, as well at the retailer simply refusing to accept those terms. With so many unprofitable games out there, why should a retail outlet take a chance? So many people overpay at Gamestop that the publishers need to place their product there.

      I see this as the publisher trying an experiment in finding a middle ground. It isn't perfect. IMHO, it's much better than pay to play. If you don't like it, though, don't purchase the game.

    11. Re:Not about bargin bin by Tom · · Score: 1

      Very informative, thanks.

      There is one question that I have in my mind after reading this: Isn't the real problem that these games are back in the store after a week? I mean, what kind of games are that? From the games that I bought, maybe one or two would've suffered that fate, simply because they were utterly horrible.

      --
      Assorted stuff I do sometimes: Lemuria.org
    12. Re:Not about bargin bin by Zebedeu · · Score: 1

      This isn't about games being picked out of bargain bin for $5 two or three years after release.

      It's about the practice of game stores selling new $60 games, then a couple weeks later buying them back for $8 (or more typically store credit) and re-selling them for $55.

      Welcome to capitalism.
      If you think that the existing 2nd-hand shops are inneficient, then open your own store with fairer prices. You'll help the customer and make a killing while you're at it.

      Smart customers have learned not to buy at the used game shop, but rather troll ebay or just buy at a cheap online store. That's the system working, we don't really need the publishers to introduce measures which have "collateral damage".

      I can't even understand why some comenters here are defending the game studios who do this. The studios themselves have already come out and stated very clearly that these tactics are designed to lower the value of 2nd hand games. Of course they dress it more nicely, like "to give more value to our customers", but it's really the same thing.

    13. Re:Not about bargin bin by Anonymous Coward · · Score: 0

      This. They should have better licences with the stores. If not, well, their loss, they are the ones who lose the market. The publishers can happily go elsewhere, the stores need the traffic to live. (plenty of places would happily know that store X decided to drop the agreement)

      A month period would be perfectly fine. 2 Months, probably stretching it.
      After that, the stores could run around selling $5 copies if they damn well pleased.

      Everybody always treats it as if the publishers and devs are being greedy. IT IS THE STORES THAT ARE DOING THIS. NOT PIRACY OR THEM.
      If people realized how the whole process of stores buying games worked, they'd realize this.
      Stores pre-buy games OFF the publishers. They have already been paid now. But when the stores end up forcing their own used copy immediately (due to considerably lower prices), there is less incentive to buy more stock from the publishers.

      Yes, I know the whole argument of "make the games cheaper, Cinema industry sure survive with it" already.
      But until someone big realizes less price = more sales and almost certainly more profit in most cases (even some impulse buys), this ain't gonna happen.
      And due to the stores ripping both them and us off, it ain't gonna happen any damn time soon.

      Case example time. You know Humble Indie Bundle. Even with, say, 20 separate groups involved, those guys made around $118k if I remember correct. That is likely more money than they could dream about getting, as well as attention from the market. For an indie, absolutely brilliant sales.
      That is for pay anything you want. If everyone paid the average , 400k+ at $5+, $100k~ Scale that up through 10, 20, 30, all the way to the $120 (I think this was the price for all of them), a cool 48 mil, $48,000,000.
      Of course, to be able to pay that for all those games would probably put it at something your average people could only afford every half year as disposable income, probably still less as you get older because likely to have less time due to possible family and more demanding job. (not always, but averages here)
      This is just one group out of 20, remember. There are less groups involved in a typical single game sale (5-10 if I remember the chart), so that money would be even more. Not only that, we forgetting some sales numbers here, these are 400k PEOPLE. That is pretty sub-standard for console game sales. An average sales number for that would place it CONSIDERABLY higher.
      If only people actually paid attention to it. This is a brilliant example of why prices need to change at the industry level. If not, game stores are going to continue ripping off both us and the game industry.
      Sorry if I broke math, literally just woke up...

    14. Re:Not about bargin bin by Anonymous Coward · · Score: 0

      Second, even if it happened anyway, it's impossible to get that sort of agreement going between such a large number of stores.

      I assume sir is unfamiliar with the notion of franchise.

    15. Re:Not about bargin bin by shione · · Score: 1

      I'd mod you a six if I could. Well said.

    16. Re:Not about bargin bin by Anonymous Coward · · Score: 0

      I don't give a shit about that. What I care about is my right to transfer ownership of a product that I've purchased. It's irrelevant if the people I'm reselling it to are complete douches.

    17. Re:Not about bargin bin by Anonymous Coward · · Score: 0

      So the problem is that these games are only entertaining for a couple of weeks and are then treated as garbage that isn't even worth the trouble of selling on eBay. Why would anyone pay $60 for them in the first place? It sounds like the real problem is that there are too many gamers willing to throw away money to have the latest game all the time without caring about the games themselves. I think I'll stick with Angry Birds.

    18. Re:Not about bargin bin by niado · · Score: 1

      Another way to look at it from the publisher/developer perspective is that they are trying to artificially introduce the natural depreciation that occurs in industries with a physical product.

      I think the first-sale doctrine should probably (unfortunately for content producers) apply to all media products, and I very much do not like the fact that copyright has been allowed to restrict non-commercial copying. However, I sympathize with the pain content producers feel towards being held to the same standards as producers of physical goods.

      To use a car analogy:
      There is incentive to buy new cars over used cars, as the actual quality of the car is affected by use. In the automotive industry specifically there is an extremely high rate of depreciation. A used car is worth MUCH less than a new car, even if it is 'lightly used'. (Because of this, it is often more cost-effective to buy a car used, due to the highly frontloaded depreciation affecting the cost-value ratio, which is why there is such an active market for used cars).

      With media products, there is no depreciation of value. A used copy of a game often has exactly the same value as a brand new copy. Yes, you have to worry about scratched-up discs etc., but even slight physical damage to the media can make the difference between maintaining 100% of the original value and being unusable (and therefore unsellable). This was not as big of a problem with media products produced using older technology (books are a perfect example) since the value could be affected by the physical condition of the media container.

      This is one of the semi-legitimate reasons that content producers are getting behind DRM and other anti-consumer techniques so strongly. They believe that with these techniques they (more-or-less successfully) can avoid introducing a product with no depreciation of value into their market. I personally believe there are much better solutions to the problem, and that in time content producers will continue to come up with inventive business models that do not abuse their customers. However, I do understand the perspective that causes these knee-jerk abusive solutions that keep popping up.

    19. Re:Not about bargin bin by danaris · · Score: 1

      Very informative, thanks.

      There is one question that I have in my mind after reading this: Isn't the real problem that these games are back in the store after a week? I mean, what kind of games are that? From the games that I bought, maybe one or two would've suffered that fate, simply because they were utterly horrible.

      I think that it's less a reflection on the games themselves, as on the attitudes of the gamers. They expect to buy the game, beat it in a week, and bring it back to get a little money back.

      The only games that are immune to this are the type that you can't just "beat"—mostly the primarily-online ones.

      I find myself a bit boggled by the idea myself, but then, a big part of that is that I don't have 80+ hours over the course of a week to dedicate solely to playing a single video game.

      Dan Aris

      --
      Fun. Free. Online. RPG. BattleMaster.
    20. Re:Not about bargin bin by toriver · · Score: 1

      You are ignoring one significant point here: Publishers need retailers more than retailers need publishers. The retailer can just go "screw this game shit, we're selling bathroom furniture instead" and the publisher sits there with his containers full of copies from some cheap Asian disk replicator (that then made a few thousand more for the pirate stalls in China).

    21. Re:Not about bargin bin by toriver · · Score: 1

      Because they never learn.

      Game prices is a price-fixing scheme (as is music) anyway: A 5 hour on-rails shooter costs as much as a 60 hour RPG full of voice-acting and FMV, the same way "Nebraska"* costs the same as a complete symphony with full orchestra.

      *) Bruce Springsteen, two guitars and a four-track in a basement

    22. Re:Not about bargin bin by Anonymous Coward · · Score: 0

      That sounds like it's fantastic for consumers. For those who buy their games for $55 and sell them back at $8, they're effectively getting a ~25% discount off the original price. That's the free market doing exactly what it's meant to do.

    23. Re:Not about bargin bin by Anonymous Coward · · Score: 0

      How would 10% of something not be better than 100% of nothing? Which.. is what they currently get on used game sales.

      But really.. the game studios don't need to operate a marketplace, just buy used copies and sell used copies like Gamestop does. Zero harm to any game anywhere. Unless the studios are just as much dicks as Gamestop, which they probably would be. But even then that is only kinda harmful because its the same poor treatment that you get at Gamestop, and I'd be just as likely to trade my used games elsewhere still.

      But studios could do used games better than Gamestop can. Why? Because they can buy your used game and not give a fuck about the condition. Replacement discs are cheap for the company that made the game. They need not disclose that the disc they're sending you hasn't ever been spun up before. And even if that eats some of the margin, its still better than what they get now.

      But yeah.. why compete with Gamestop when you can just shit on gamers a little more.

    24. Re:Not about bargin bin by Tom · · Score: 1

      Hm, true. When you're a school-kid you are short on money, and have plenty of time. When you're adult it kind of reverses. Hadn't thought of that.

      --
      Assorted stuff I do sometimes: Lemuria.org
  58. They are violating copyright by GWBasic · · Score: 1

    American copyright law clearly grants the purchaser the right to resell. They are violating American copyright by withholding the right to resell a used game.

    Capitalism says "charge what the market will bear." Clearly the market will not bear non-resell-able games.

    1. Re:They are violating copyright by Anonymous Coward · · Score: 0

      They're not selling you a game, they're offering you a license for a fee.

    2. Re:They are violating copyright by Keen+Anthony · · Score: 2

      Actually, it's not clear what the law regarding resale of software. There's caselaw that supports both arguments: one that digital content is licensed, and one that digital content is purchased. You would think it's obvious that you can resell anything you've purchased, but it's not that simple.

    3. Re:They are violating copyright by Registered+Coward+v2 · · Score: 1

      Actually, it's not clear what the law regarding resale of software. There's caselaw that supports both arguments: one that digital content is licensed, and one that digital content is purchased. You would think it's obvious that you can resell anything you've purchased, but it's not that simple.

      Wow. The voice of reason and you're not even new here. I'd go one further - the doctrine of first sale is not even clear on tangible goods as laws vary from state to state and even within existing laws there is a lot of gray area. At least that's what I learned, from real lawyers, researching an article on it I wrote 10 years ago in reference to the resale of student casebooks.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    4. Re:They are violating copyright by Mitreya · · Score: 1
      Actually, it's not clear what the law regarding resale of software. There's caselaw that supports both arguments: one that digital content is licensed, and one that digital content is purchased.

      But surely you have to choose one and follow it? Or is there a caselaw that supports calling your software product a chimera that is half-licensed, half-purchased depending on what suits you best in each particular case?

    5. Re:They are violating copyright by Rastl · · Score: 1

      From what I've read the ambiguity comes from foreign-produced products. Anything produced in the US is pretty much protected by First-Sale Doctrine unless you sign or agree to an explicit licensing agreement. An example of explicit licensing is Rosetta Stone language software. It's an explicit license agreement, not a purchase and has been upheld in court as such. They've even removed library access since it's for individual use only. They're clear and up front about it.

      If 38 Studios wanted to find a way to discourage people from buying their game they're doing it quite right and are unapologetic about it. They want money for content that they feel people will pay for and don't want people reselling their game. That's their choice and they can live with the consequences.

      I do want to respond about all the 'developer' comments. The company is not the developer. The people slaving away to make the game are the developers. The company is the owner. They didn't develop the game, per se. They have staff that developed it. The company itself is nothing more than a way to bring it together and sell it. Please don't short change the skilled developers who made the game and lump them in with the company that is hiding their work from the public.

    6. Re:They are violating copyright by Anonymous Coward · · Score: 0

      Contract law requires that there be things like "consideration", "negotiation", and a "meeting of the minds". The purchaser of retail software can negotiate price, but that's with the retailer. The purchaser and retailer cannot negotiate the license, since the retailer doesn't have authority. If the purchaser is unable to negotiate the terms of a software "license", it is not a contract. The only contract that exists, is executory. It involves the sale between the purchaser and the retailer, and the purchaser's contract obligation ends the moment they pay the retailer for the software. What is relevant to retail software is COPYRIGHT, and the only obligations on the purchaser are the ones created by law, not by (software) license.

    7. Re:They are violating copyright by toriver · · Score: 1

      Why are you eating their bullshit as if it was nourishing food? It's a bloody physical good you hand over money for.

    8. Re:They are violating copyright by Keen+Anthony · · Score: 1

      Sorry for the late response, nursing a cold. The relevant case law is the recent Autodesk case wherein Autodesk sued an eBay seller who was reselling old copies of AutoCAD. The seller won the case initially, which was thought to affirm First Sale for software, but the 9th circuit Appeals reversed, acknowledging that shrink wrap licensing was valid.
      If I recall, there was a suggestion that the shrink wrap license model wasn't limited to software, but could even be used for non-digital products. There has been other case law that says the opposite, but case law in one geography isn't immediately law in another. It seems that justices are hesitant to affirm or deny outright which only adds to
      the ambiguity.

    9. Re:They are violating copyright by Keen+Anthony · · Score: 1

      Hi. First Sale becomes really ambiguous with software regardless of the country of origin because of shrink wrap licensing which courts have defended in some ways, then opposed in others. The biggest case is the Autodesk case wherein Autodesk sued an ebayer for reselling old copies of AutoCAD. Seller won but then lost on appeal because of the
      licensing model. AFAIK the supreme court continues to refuse comment on it.

  59. Two ways to look at it... by Shoten · · Score: 0

    The first way (as an analyst):
    You have a significant percentage of your core market complaining about it. In the terms of economics, yes, that's a bad thing. Ask the RIAA, which had far more legal and moral standing for their claims, but yet managed to alienate so many customers that they drove them further into the arms of (let's call a spade a spade, shall we?) content piracy. You, and others in the gaming industry, are making the same mistake in an entirely different way. When your customers complain, you're doing it wrong.

    The second way (as a customer):
    All I can think of to say is, "You FUCKING faggot. Eat shit. Yes, it's wrong."

    --

    For your security, this post has been encrypted with ROT-13, twice.
  60. 48 pages? please. by Gravis+Zero · · Score: 1

    Ok, everyone take a deep breath. 48 pages, damn. -- Curt Shilling

    right now it's up to 122 pages. you sure pissed people off this time, Curt.

    --
    Anons need not reply. Questions end with a question mark.
  61. dosn't work for 2nd hand cars by Dr+Max · · Score: 1

    If you bought a second hand car and the manufacture disabled 4th and 5th gear because they wanted to sell more first hand cars you would be pretty pissed; and the comment "we are just rewarding new car drivers with more gears because they are helping us", is a poor excuse.

    --
    Rocket Surgeon.
    1. Re:dosn't work for 2nd hand cars by Anonymous Coward · · Score: 0

      This is the most stupid analogy i've ever seen in this argument.

      Its more akin to you not getting the new car warranty, when you buy the car second hand.

      To everyone who's moaning about your right to resell it, you can, by all means resell it, this isnt stopping you from reselling the game. What, are you afraid gamestop is going to give you $2 less than what they would have previously? seriously guys... Game stop gives you 8 bucks for a game second hand then resells it for 55... In aus, i got offered $20 for a STILL SEALED copy of BF3, which they are flogging for $70 as a second hand game... and because its still sealed they're likly to just put it back into their stock and sell it as new.

      How is this helping the industry? sure it puts 20 bucks back in my pocket, but i cant buy a brand new game for that,further if they're the ones who sold it in the first place, they've just made twice their money... while paying the publisher, and by proxy, the developer once.

      I fully support the statement by the developer, people who buy the game first hand have the right to expect a fantastic product. Those who onsell it, and then buy it second hand have the right to expect an inferior product because its used.

      The second hand car analogy comes back into play, you dont go and sue Volkswagon because your used Golf doesnt have the bottle of wine, or that new car smell you get with a new car.

    2. Re:dosn't work for 2nd hand cars by Dr+Max · · Score: 1

      No your analogy is the stupidest. The bottle of wine or new car smell is what condition the game case or disk is in, or whether or not the manual has been kept. These guys are taking functionality out of the product for the 2nd hand market. If you buy a second had car it does everything it did when it was new except smell as nice or maybe has a few scratches. Sure disabling gears is an extreme i was using to prove a point, it's more like allowing only the first owner to use the stereo. I'm sorry you want to give these people all this power, but i have the opinion once you sell it you loose all rights to it (except duplication), including changing it for the next user. What if you wrote a book but only people that bought it from you had access to chapters 6-9 (don't worry you can read the book without those chapters)?

      --
      Rocket Surgeon.
    3. Re:dosn't work for 2nd hand cars by Anonymous Coward · · Score: 0

      From what i understand your point is that you arnt getting the product in the original condition... my point is, of course you are, but the extra perks is what you're losing.

      If i wrote a book that you describe, and didnt give you the entire contents, sure, hit me up, i'd have no problem with you saying that i sold you a product that was incomplete. However, as the disc you purchased is complete, as its not like you've magiced up less bits on the disc, the law, that states it must be sold complete, is satisfied. You have onsold the complete item. You didnt purchase that additional content, sure there is no other purpose for it to exist, and it was given to you free with the original product, its in addition to the original product.

      My point with the bottle of wine is that it is in addition to the original product, i'm not removing information off the disc nor removing gears from the car, i'm not walking up to you with the book of magic chapters and saying, oh nonono and tearing pages out, its extra, and this is from my understanding where the whole argument breaks apart.

    4. Re:dosn't work for 2nd hand cars by Dr+Max · · Score: 1

      I see what your getting at. I still think if you sell something to all the original owners and they get a certain product (extras included), they should have the right to sell all of that product (extras included) on. If that involves a bottle of wine that never runs out for them, then so be it.

      --
      Rocket Surgeon.
    5. Re:dosn't work for 2nd hand cars by BradleyUffner · · Score: 1

      When I bought my new car the dealer threw in a roof rack for free to try and persuade me to buy the car. By your logic I shouldn't be allowed to sell the roof rack with the car when I sell it?

  62. Time Consuming != Free by Anonymous Coward · · Score: 0

    When you buy a game for say, the usual $60, having to spend an hour jumping through hoops does not count as "free".

    Honestly, as a gamer, despite the many, many poor design choices, I would have given Amalur a chance if it didn't have such a messed up DRM system, (it wanted me to log into to EA's servers to play a DEMO). I can't say I would have bought it with 100% certainty, but it was on the list of games I wanted to buy.

    I hate Gamestop as much as they do, but that's no excuse for breaking their game. Now, I wouldn't even play it if it was free, and have a constant worry that by installing the demo, some sort of creepware has been planted on my PS3. I really don't need new games; I have plenty of games to play over again, plenty of DVD's, Blu-rays, Netflix, Flash Games that can keep my attention, without every buying another shrinkwrapped game again. I buy them because I like them; because I enjoy them; because I respect them. If every game producer started acting like EA, I probably wouldn't buy any more games. I'm willing to give up my label as a Gamer if it gets that bad.

  63. "figure out how to receive dollars" by Alex+Belits · · Score: 1, Redundant

    companies are still trying to figure out how to receive dollars spent on games they make, when they are bought. Is that wrong? if so please tell me how.'"

    "Figuring out how to receive dollars" is wrong by default. It ceases to be wrong when you are DOING SOMETHING USEFUL FOR OTHERS so you are getting paid for it. What asshole companies are definitely not doing by breaking used games.

    --
    Contrary to the popular belief, there indeed is no God.
  64. And when I'm the 2nd owner? by Anonymous Coward · · Score: 0

    I'm on my 3rd XBOX360 now, somewhere along the line I lost the details of my initial Xbox live account, and the email provider associated with that account no longer exists, I have no way to recover the details.

    Any game registered with day 1 'one use code' DLC on that account I no longer have full access to, I can't use content I paid for. Likewise one time online access codes etc. etc.

    That's what's wrong with this approach, so fuck you. I don't buy Ubi stuff on the PC due to their current policies, I won't be buying any of your stuff anywhere because of your policies.

  65. Fight Piracy, plunder your customers! by Y2K+is+bogus · · Score: 2

    At a time when all of the content producers are crying foul about piracy, they are plundering the pocketbooks of their customers! They want to have their cake and eat it too, eliminate piracy and prevent their customers from seeking value from a disused game.

    The used game market allows people who are bored with a game to see value and allow people who want to sample a game they aren't familiar with. This completely ignores the people who are took friggin' poor to pay $60 for a first release title and instead pickup 3 games for the price of 2 at a GameStop sale -- not to mention that the 3rd game they got for 'free' was a turd!

    What a great way to encourage repeat customers or to gain a first person sale, knife them in the back!

    EA had it right with the "Veteran" guns in Battlefield, but wrong when they required a VIP code to get 6 of the 10 maps (or whatever)! Like I want to pay $18 for a demo of a game and get nickled and dimed to death for the full game!

    If they want to sustain this business model, then everyone has to be on a level playing field. The game disc is $5 and is a boostrap playable demo, then you pay $15 to get the full game. Give the disc to another, they pay $15 to get the full game. You can't have your cake and eat it too!

  66. Steam by AgNO3 · · Score: 1

    First why is a base Ball pitcher commenting on the game market? Second, How is Steam any different then this? You for sure can't resale you steam games.

    --
    OMG Ponies!!! with Glitter!!!! I miss Pink :-(
  67. Quiet enjoyment by harlequinn · · Score: 1

    I'm fairly certain this would breach parts of the Competition and Consumer Act in Australia. It dictates that a consumer is entitled to "quiet enjoyment" of any goods they buy. It seems to me that a third party disabling content and demanding money to re-enable that content would breach that provision. Any Aussie lawyers know more?

    Does the USA have similar state or federal provisions?

  68. Here's a novel idea. by idbeholda · · Score: 2

    Instead of bitching about how the makers of the game are screwing the user over, why not opt to NOT BUY ANYTHING FROM SAID COMPANY AT ALL . The only way they'll listen is if they either lose money, or barely break even instead of making a profit. It's that goddamn simple. Crying to them about "fairness" accomplishes nothing. Hitting them with lack of funds to develop the game says a lot more.

  69. Definition of Shilling / Shill by Anonymous Coward · · Score: 0

    A shill, plant or stooge is a person who helps a person or organization without disclosing that he or she has a close relationship with that person or organization. Shill typically refers to someone who purposely gives onlookers the impression that he or she is an enthusiastic independent customer of a seller that he or she is secretly working for. The person or group that hires the shill is using crowd psychology, to encourage other onlookers or audience members to purchase the goods or services or accept the ideas being marketed. Shills are often employed by confidence artists.

    Shilling is illegal in many circumstances and in many jurisdictions because of the frequently fraudulent and damaging character of the shill's actions. However, if a shill does not place uninformed parties at a risk of loss, but merely generates "buzz", the shill's actions may be legal. For example, a person planted in an audience to laugh and applaud when desired, or to participate in on-stage activities as a "random member of the audience", is a type of legal shill.

  70. Curt you have been paid once why do you need more? by tg123 · · Score: 2

    Curt Shilling I think you have a poor business model or your being greedy If you need to be paid every time your product changes hands. Yes I know Bill Gates used to have fits because it felt that people were stealing his basic code but that was then now is now. Dare I say it but when you sell your product its is out their in the market place and I have the physical product that I have paid money for why cant I trade it in so I can get another game? The only reason there is such a large used games market is that the games are too expensive and the only way I can get new games is to trade the old ones in.

  71. Re:Baseball by Anonymous Coward · · Score: 0

    That would matter if only Americans had/liked baseball.

  72. it's Schilling -- and he's just kind of famous by DrewMIT · · Score: 0

    Oh /. -- haven't posted a comment here in years, but you're still so cute.
    First off, dude's name is Curt Schilling, not Shilling. 38 is a significant number -- it was the # he wore on his jersey when he pitched his teams to two world series titles.
    Not that his time in MLB is pertinent, but come on -- at least identify the guy correctly so people know who the hell you're talking about.

  73. Stealth Price Increase by Greyfox · · Score: 1
    If customers are used to factoring into the cost of the game the idea that they can resell it later and effectively discount the $60 they paid for it, and the game prevents that in some way, it's really just a stealth price increase. I suspect this will inevitably lead to people being far more choosey about what games they purchase and who they purchase them from. I'm not really sure I trust ANY retailer, to be honest, not to sell me a used game at full price. Of course, I'm already pretty damn choosey about the games I buy, and I still have a stack of PS1 disks that I could still bust out and play at any time (Still meaning to go back and finish FFVIII...)

    I really don't have a problem not playing any given game. It's not like my life will really be diminished in any way if I don't experience that. I'm not going to go out and pirate something because I don't agree with the politics of the publisher. I'll just ignore them.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  74. Hey, help 38 and EA figure it out... by Anonymous Coward · · Score: 1

    by NOT buy'n their games. These people understand money, and when sales dip due to their customer's distaste for DRM they'll finally understand that its a demand driven market.

    If you need to play a game with crazy amounts of DRM just run pirated versions. Yea, I know... I take exception to it myself. Just make sure to network isolate the computer. Pirated software is prone to backdoors and such. My greatest arguement against piracy is the risk associated with using pirated software, but I'm sick of DRM crippleware. Particularly the requirement of being internet connected. You can always run cracks against the DRM, but again you risk infection. I know network isolation kills multiplayer for the most part, but something must be done to encourage developers to not utilize heavy handed DRM.

    To developers I suggest just using keys. Look, pirates will continue to pirate. Don't force users to be online, entice them. Use keys to prevent pirated online PvP play. Make sure you retain issued keys in a DB, and break them if there is use by two systems at the same time. Investigate the attempts to do so, and when the purchaser calls in work with them to resolve the issue to your satisfaction. Have a secondary key on the box that you can use to authenticate the owner. Yes, someone will crack it. Yup, people will pirate it. Do what you can to encourage pirates to purchase the game, but don't let your efforts make things horrible on those who support your efforts.

    When and if the developer companies ever finally "get it", buy the damn game if it is worth play. Developers, make sure your game is worth the money I'm paying for it.

  75. SO glad I don't play games anymore by kheldan · · Score: 1

    Wow, I thought back in the 1990's that things were bad, then I read stuff like this lately and realize that we had it good.

    This is all complete and utter bullshit. It's a goddamned game, not some cutting-edge industrial software that you use to make millions of dollars for your company by producing something for sale. You buy it, it is yours, you should be able to do whatever the hell you want with it when you're tired of it.

    Stop buying and playing games. When they're all crying because nobody is buying their overpriced and locked-down "products" then they'll have to change their tune or go bankrupt. You all need to put this in perspective: It's a friggin' video game! You can live without it!

    --
    Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
  76. Come on devs... by Anonymous Coward · · Score: 0

    ...you know you can't pull this shit as long as BitTorrent exists.

  77. Not just about Gamestop. by Uberbah · · Score: 2

    This effects gamers trying to sell their old games to other gamers - not sure why that part was left out of the storyline.

    It's about the practice of game stores selling new $60 games, then a couple weeks later buying them back for $8 (or more typically store credit) and re-selling them for $55.

    Too damn bad. If a used car dealer buys three month old Honda's for cheap and resells them for 95% of the original asking price, it's really none of Honda's business.

  78. This is my concern as well by LostMyBeaver · · Score: 5, Insightful

    When a company sells you a game, there has to be some sort of means of guaranteeing that you can continue to play it in the future. I buy PC games because of two main reasons. PCs never become obsolete, you can always get a new an better PC. It's not like a console where you find yourself screwed into buying a new obsolete console when your old one dies to play old games. I recently played Falcon 2.0 from Spectrum Holobyte for a retro feel... I admit, I didn't have a 5.25" floppy drive anymore, but I did have the 5.25" diskette itself. So I downloaded a pirated copy of the game to play it. But I could play it after all this time. So my second reason is, I want to know, even if the company who makes the game goes out of business, I can still play it.

    So, this type of DRM is a great reason not to buy the game since I won't be able to play it later. It has a limited life span.

    1. Re:This is my concern as well by BenoitRen · · Score: 1

      PCs never become obsolete, you can always get a new an better PC. It's not like a console where you find yourself screwed into buying a new obsolete console when your old one dies to play old games.

      Newer PCs aren't always compatible with older PC games, and then you have to rely on emulators and fiddle with them to get them to run. No such problem with consoles.

      There's always a trade-off.

    2. Re:This is my concern as well by Svartalf · · Score: 1

      No, but with a Console, you have few options with the emulator route if the console dies- the PC still has that option choice.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    3. Re:This is my concern as well by Anonymous Coward · · Score: 0

      Odd. I have a couple PC games, and maybe I'm just not that great at using Scumm, but I had a hell of a time playing some of my older games on a modern computer. I had to go find third-party installers for some of my games. Having to pirate it to play a PC game that's sitting on my table doesn't really seem that big an improvement over having to pirate a console game to play it on your computer when the console dies.

    4. Re:This is my concern as well by toriver · · Score: 1

      Well, you could always go to Good Old Games and buy the old games all over again... :)

      (Personally, I did just that - on sale of course - simply because it is far less stressful to let them do all the majick to make it run on modern machines instead of me. Sid Meier's Alpha Centauri ftw.)

    5. Re:This is my concern as well by BenoitRen · · Score: 1

      I don't understand what you're trying to say. Please reword your phrase.

    6. Re:This is my concern as well by bronney · · Score: 1

      ah the good old days of test drive 1 :D

  79. Transferable licenses are the answer by neiras · · Score: 2

    I buy games. After awhile they get boring, so I sell them. They have more value to someone else at that point than they do to me.

    I don't care if I'm selling media and CD-key or an online DRM'ed license; I should always be able to sell my license to someone else, without interference from the game publisher. I bought the right to play the game; why shouldn't I be able to sell it when I no longer want it? It's not like the publisher suddenly has the burden of supporting a user that they didn't before.

    If the publisher can't compete with used copies, their product is overpriced.

  80. It's Curt SCHILLING, and yes it matters by Anonymous Coward · · Score: 0

    Hothardware.com may not be legit journalism, but you'd think they could run a quick spell check on someone with a 20 page wikipedia entry. Took me a while to reconcile that this article is about the future hall of fame pitcher. I knew he was into gaming but wasn't aware that he headed a studio.

    His celebrity doesn't change the content, but it does change the context a little. He was always big on engaging in dialogue with Red Sox fans and the media, and I think his message - "Is that wrong? Please tell me how" - was partly an appeal for discussion. Not the venal spin doctoring everyone's eager to assume.

  81. Outrage is badly placed. by meburke · · Score: 1

    First problem: The games suck as games. The player works through a few levels and then sells the game cause there's no more challenge. Anyone want to buy my used Sudoku?

    Second problem: The "gamers" are dumb enough to buy them at high prices. If the games are so disposable, why are you wasting your money?

    Third problem: The two previous problems feed on each other. Playing sucky games creates morons. People pay less for a good chess set, deck of cards, or goban and stones and actually get smarter by playing.

    Fourth problem: These sucky games could be cloned mechanically with computer-generated artwork and nobody would be the wiser. Thin plots, limited reality, juvenile moral values; yet many semi-intelligent time-wasters go out and buy them rather than make their own. Proof that the Public School System rots your brain.

    Fifth problem: CEO's who don't get that you make money by providing what the consumers want, rather than what you can stick the consumer with. (Pun intended.)

    --
    "The mind works quicker than you think!"
  82. Hello World by Anonymous Coward · · Score: 0

    "Companies are still trying to figure out how to receive dollars spent on games they make, when they are bought."
    I wasn't aware that these companies were giving away their games for free. It sounds like they're trying the "free-to-play" method of business but forgetting the "free" part and still charging $60.

  83. Compete on Quality by inglorion_on_the_net · · Score: 2

    Dear Curt Shilling,

    Nothing wrong with companies trying to make money.

    I'd just rather you compete for my money by making the best product at the best price, rather than focusing your resources on making the best scheme to extract money from people who have already paid for the product.

    Kind regards,

    One Potential Customer

    --
    Please correct me if I got my facts wrong.
  84. It is a difficult situation by SmallFurryCreature · · Score: 0

    Some people talk about the first sales doctrine and how the car, book, art, furniture and even music industry deal with it just fine... but there is a difference. None of these tends to end up on the second hand market within DAYS of release. Nor at near the price of original release. Of course there is antique stuff whose price has gone up but that takes a long time. 2nd hand games on the other hand are sold for 5 dollar less then the original within the week of release.

    To further cloud the issue, while the original game maybe 50 and the 2nd hand game 45, what the customer gets is a fraction of the value, often as low as a mere 5 bucks. It is clear why game stores love it, that is a very nifty profit margin for them with very little work involved but the game company itself doesn't get a penny for it?

    Should they?

    There is yet another difference, if I buy second hand books I often buy books that are years if not decades old and they show it. While it is debatable that a book that has swollen up, has its spine cracked and its cover has weathered contains any less of a reading experience, it is NOT the same book as is being sold for new. The prices are also different, a new book might cost 20 new and 2 used. The seller gets a far higher share of the 2nd hand price as well.

    The proof for the difference is yet again simple, how many mainstream sellers of new books have a large section of 2nd hand books with the same titles on display for near new price? Exactly: NONE!

    Same goes for the 2nd hand car trade. The moment your new car has been sold its price nose-dives (sports car sometimes the exception) and it will be a while before the first ones show up on the 2nd hand market. Buy a 2nd hand car and you buy a model several years out of date.

    So... do traditional 2nd hand markets compete as directly with the new market as with games? Go check your local game store, check the new games, just out and what is available 2nd hand. It varies per game genre of course but for shooters especially, a lot of gamers must rush through games at astounding speeds. 1 weekend release, 2nd weekend available 2nd hand. And as said with a HUGE profit margin for the game store.

    The first sale doctrine applies to physical products... are games physical products? If I buy a movie ticket, then I can't sell that movie ticket 2nd hand after having watched the movie. This is obvious. The same with a train ticket or indeed any kind of ticket. It is considered normal that you pay for a piece of content and then are done with it. Try to sell a 2nd hand cup of coffee and you would even be arrested.

    I can see both points of view, if I bought a game at retail price, play it for 1-2 years, then sell it on for a fraction of the new price and it is sold for a fraction of the new price while the game is no longer released, then the 2nd hand game market might work.

    But that is not the case.

    The 2nd hand game market moves to fast, has to great a profit margin for game retailers, has no degradation of quality. It would be as if libraries could lend out an infinite number of items... the reasons libraries work is because the number of copies they have are limited, so a hot book you want to read NOW, might just not be available for months. A totally different experience then what a bookstore supplies. There is a reason ebook libraries are not as easily accepted. If everyone can get the same book at the same time, few are going to bother buying it.

    If a game is available within days or at most a week of release for 5 bucks less, who is going to buy new? It is not even that you have to wait a week unless you are the type to camp out in front of a store, it often takes me a week to a month for a new game just to fit the shopping in my schedule.

    As a customer, I don't much like the screwing around with DLC and such, I prefer to pay a simple price for my content. But if I read some of the comments here, I can certainly see the point of the game industry. A lot of people seem to think that game compa

    --

    MMO Quests are like orgasms:

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

    1. Re:It is a difficult situation by erroneus · · Score: 1

      Long comment. Wish I had time to read it. Maybe I will later. But the first few lines are what I am going to respond to.

      I agree that it is tragic people trade their games in within days and a lot of people buy them used. Perhaps they should try something different.

      Perhaps they should release, initially, as downloadable only for the first say... two months of the game's release and then ship the media to the buyer later (if they pay for it). Also, if they really feel the need to do this game locking, how about "unlocking" when it has decidely become an "old game."? We know from our experience with the movie and music publishers, their definition of "old" is 100 years after the death of the author.

      In the end, they will NEVER offer something the players/users are willing to accept. And it's not because the public is unreasonable. The public is more than reasonable. They buy crap they don't need all day long. So that's not the problem.

    2. Re:It is a difficult situation by ifiwereasculptor · · Score: 1

      As said, I am a customer but divided on this. The point is simple, if I buy a game first hand and you buy it second hand from someone else, I am subsidizing your gameplay. That does not seem like a good deal to me.

      Then don't take it. Buy used, if you think it's the better option. Of course, if enough people follow such route, there won't be enough games to go around and you will eventually have a far easier time buying new. Then you could say "well, but if everyone waits to buy used, then the game won't sell at all". That isn't true. Steam allows trading games, now, and it hasn't negatively impacted their sales. You can see how it would: I buy a game, you buy another one and, when we're done playing them, we trade. They just lost two sales, right? Doesn't happen often, though, because if you enjoy a game, odds are you'll want to keep it. And as Steam offers discounts pretty frequently, you simply wait for a sale and hoard titles like a pig. Seriously, Steam has its issues, but it's been booming continuously forever, now, while most publishers and developers whine and apply crazier and crazier DRM schemes. People should take notes on what Gabe Newell is doing right (he has explained it again and again) instead of keeping this atmosphere of denial.

      As for the used game retailers, their margins are way too high, agreed. Frankly, I'd much rather find a person who owns the game and buy from them. Buying/selling from/to people is so economically advantageous that I'm often surprised as how little it's done. Then again, saving/earning a few extra bucks isn't all there is to a transaction, and that's why people wouldn't stop buying new.

    3. Re:It is a difficult situation by Registered+Coward+v2 · · Score: 1

      The point is simple, if I buy a game first hand and you buy it second hand from someone else, I am subsidizing your gameplay. That does not seem like a good deal to me.

      Actually, you're not. I would not buy it at the release price, and if it stays there new or used I simply won't buy it. You decide it has value at the $60 price, or at $6 less the release value. If you resell it , the used buyer is lowering your price for the game experience you want.

      Game companies survive on first sales, and 2nd hand sales hurt this. Saying game companies should just deal with not getting paid for the games they make is not a long term solution. It is not as if games have a very long shelf life like music or movies, games have to earn their development costs in the first month of release before they end up in the bargain bin.

      They should deal with it - it's called a free market. They can deal with it several ways - dlc that needs to be purchased by used game buyers, pricing strategies to try to capture more new game sales, etc. If they spend more to make a game then they recover in sales then it's their own bad business decision. The market does not owe them a profit. The problem is they need Gamestop, despite all their whining. Some percentage of new game buyers buy it on day 1 because they know they can play it and then sell it to GS - so their purchasing decision is based on their view they are "paying" less than the release price. Take that away and some games won't sell as well on release, costing publishers money; of course, many see each used game sale as a lost new game sale when simple economics says it is not.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    4. Re:It is a difficult situation by Anonymous Coward · · Score: 0

      An astute and non-partisan analysis. Bravo!

    5. Re:It is a difficult situation by erroneus · · Score: 1

      Okay, I've read more of it.

      Here's the thing. The game publishers do not support and sell in an unlimited fashion. They simply don't. Let's say you got your all time favorite game 5 years ago under this type of situation. You have long since replaced your original console -- it didn't last 5 years, but somehow the game media did. Your new console no longer has access to the full game because the game publisher has stopped supporting it for whatever reason... the reason doesn't matter... could be technical, could be out of business, could be 'end of life cycle.' The point is, once the support cycle has ended, that leaves the user with a LOT less than he paid for.

      This is the most major failing point of the whole copyright game. Presently, copyright exceeds the life of the medium by a wide margin which leaves the consumer, collector and the public without the public domain option in the future which is supposed to be the payoff for respecting a publisher's copyright. But in the case of game publishers, they get the benefit of enduring copyright and the ability to limit access to the material which was paid for by the user. Protected for 70+ years but supported for 5, 3 or even just 2 years?

      "It costs money to develop a game." Sure it can. But they expect to make money on the endeavor. If they fail, that's business... they didn't do it right. Doing it right shouldn't include enraging your customers. What we are seeing are a bunch of MBAs perceiving second-hand sales as a loss of first-hand sales. There's a problem with their perception. Game prices are a LOT higher than other forms of entertainment. People have endured that so far BECAUSE of the second hand market. When they take that second hand market away, they will find people will be a lot less willing to shell out even $40 for a game let alone $60+ at times.

      Lately, it seems business has become ever more aggressive and hostile to customers. This is a strange trend even after years of seeing it develop. I have no illusions about it -- the reason it keeps going is that most people are idiots and they keep buying anyway. But that doesn't make it "good" or even "okay."

  85. Terrible reporting by Anonymous Coward · · Score: 0

    TERRIBLE TERRIBLE reporting. It doesn't "lock out part of the content that is normally available in single player mode. It gives new buyers the Day 1 DLC they had planned FOR FREE while allowing used buyers to buy the Day 1 DLC AS NORMAL. Confirmed by 38 Studios time and time again but all because EA chose to use their idiotic "Online Pass" terminology you tools refuse to actually report it accurately.

  86. simple fix by Anonymous Coward · · Score: 0

    I think there is one easy fix to this problem it's called a boycott. If they see there is a 50 or 60 percent decrease in first time expected sales, Maybe they would realize that the customer isn't going to buy into this crap. Hit them right where it counts in the wallet. If a game that should have been a big money maker for them turns out to be a flop, then you probably won't see them pull this crap any more.

  87. How fast do you sell your car on? by SmallFurryCreature · · Score: 1

    2nd hand games arrive on the market within days of the release... do you sell your car on within days or is that measured in years?

    I bought 2nd hand cars for a long time when younger and yes they were cheaper then new cars but you were also a decade behind in tech and obtained a car that needed a hell of a lot more maintenance.

    2nd hand cars also don't bought up for 5 bucks and sell for 45. Margins such as that are only found in the antique and art trade.

    2nd hand games arrive on the market to fast with no loss in quality as other 2nd hand products do. It is foolish to compare them.

    --

    MMO Quests are like orgasms:

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

    1. Re:How fast do you sell your car on? by Dr+Max · · Score: 1

      I'll admit the mark-ups aren't that high, but as soon as you drive a car out the showroom you can say goodbye to at least %25 of the value, and if you try and re-sell it to a dealer expect to get ripped off then have them re-sell for thousands more than they paid you (they have to make a profit some how). How about the 2nd hand book trade you can get new releases there for a fraction the cost of the new book (plus they don't buy them for much); and i would be pretty pissed if all 2nd hand book shops had to rip out chapter 3 on a new release because the author wanted to make more sales.

      --
      Rocket Surgeon.
  88. MR. Curt Shilling by Anonymous Coward · · Score: 0

    I represent the company that built the home you live in.
    You did not pay us directly to have it built. You paid the previous owners and bought it from them.

    You owe us money. You bought it used and cut us out of the loop completely. Why do you hate home builders?
    That home didn't build itself. We are entitled to a profit from EVERY sale of that home. You're stealing from us!
    The house has even increased in market value since the year it was built. You're stealing double from us!

    Now for a large fee we'll license you the right to live in that home just like the previous owners did.
    Please pay promptly or we'll remove the doors and windows in your home. And the plumbing and wireing.

    Mister Curt Shilling....
    Is that REALLY the kind of world you want to live in? Because that's exactly what you're pushing here. Where the originator of the product is entitled to extra money every time a good changes hands..

    That seems like a really shitty world. Much wose than what we had before.. thanks for helping it come about. asshole.

  89. No one treats farmers this way? by SmallFurryCreature · · Score: 1

    Farmers get screwed all the time, the super markets set the price and the price always has to be lower and lower regardless on what the costs happen to be for say a liter of milk.

    I agree that content producers get the shaft but who started out? Do you remember the horse armor Bethseda tried to sell? Or how about Turbine that went F2P but charged in points for their next digital expansion twice as much as the previous expansion cost in the stores?

    Further down I have written a lengthy piece of why the 2nd hand game industry is such a bad thing, so I agree with you somewhat but the content industry hasn't exactly been blameless in getting a reputation as the enemy. I remember the days of Papyrus and Grand Prix Legends which got massive updates years after launch, they clearly loved their game and their customers. Nowadays games launch hopelessly broken and with patches that are just designed to screw the paying customer. Take Rage, broken on ATI cards and the first patch removes cheats from single player because paying customers suck.

    The problem with gaming is that has become part of the internet and on the internet, feedback sucks. If your local store tried to pull crap, they would get told about it in their face from angry customers, so they don't. An issue a while back was dead sub-pixels. In Holland we got stricter laws then on the rest of the planet. The PSP had a lot of them but tried to claim that they weren't bad enough. Fuck that, went to the store with a draft letter from a dutch consumer show (KASSA) and got it replaced. Holland was the only country Sony did this. But that was because they got a shit storm over them.

    How many consumer shows (real ones) do you know even deal with the game industry? Why are games like Rage not suited in court for being a broken product? Why can't I return a game if it doesn't work? I had my oven repaired recently, patched if you like, if they had removed the microwave function (a cheat for cooking) I would have.... wait a minute, that would NEVER happen. But Id removed the cheats from the game, want our fix, agree to removal of functionality.

    And people have NOWHERE to go with their rage. Not buying doesn't help because there is always a new line of suckers. There are no legal options and forums are filtered of any negative content.

    So the rage builds up and explodes on subjects like this. And the game industry better take note because when the music industry needed the support of its fans to deal with the difficult transition from analog to digital it found that it had none, years of screwing around had used up all goodwill (once people really were fans of a label) and so far, it has not succeeded in restoring it.

    I am still pissed off about the fucking horse armor and Betsheda has so far has shown less then zero effort to win me back. They know they screwed up, took the money and expect us to bend over for the next load.

    I agree the 2nd hand game market is bad for the industry and therefor bad for customers. But the bitter hatred you find in many of the posts on this subject shows just how badly the game industry has been at creating loyal customers. It wasn't always like this. But ever since expansions have made way for DLC... game companies have come to treat customers as an open wallet.

    It is like the TV industry, once people actually bought products to support their shows. Then ads got shoved in anywhere they could and people started to HATE their TV station.

    Want another example? I love anime, I don't buy any however because the sub titling tends to be horrendous and the dubbing is an insult. I do buy merchandise but am starting to get really pissed off with a lot of Japanese companies who seem to hate earning money. Can't use debit credit cards, can't ship, you can buy something for download but then it has to be downloaded through a proxy. Why hate a customer so much? It creates a situation where I like a product but hate the company making it and that is not something you can just let build up and never expect a back lash.

    The game industry should organize itself, get a body to monitor conduct so that the antics of a few don't hurt the perception of an entire industry.

    --

    MMO Quests are like orgasms:

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

    1. Re:No one treats farmers this way? by Karmashock · · Score: 2

      Look, my family actually farms amongst other things and so I know of what I speak here.

      You don't know what you're talking about and I really don't have the patience to give you an education in... everything.

      No offense... if you want to have a different opinion... whatever. That isn't how the world works and I have first hand experience with things you were probably fed and don't properly understand. I find that I'm explaining these things people three times a day... it's just too much.

      I'm sorry.

      Have a good life and try to be a bit more humble in your positions until you actually know what you're talking about. Truly... best of luck.

      --
      I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
  90. Re:Baseball by Keen+Anthony · · Score: 1

    No. Cricket and baseball share a common ancestor. Both evolved from older bat and ball games which were played throughout Europe, even Asia and Africa. Some people say baseball developed out of a regional variant of Rounders and was imported to America by immigrants, but simultaneously, there were eastern European immigrants playing the Russian games Lapta and Oina, and there are many who say modern baseball came from those, especially Oina. Cricket is a sister sport, not a parent.

  91. Is it wrong? Yes, it is! by Anonymous Coward · · Score: 0

    Why don't we extend this amazing business strategy to other products like cars?
    Only the buyer can drive at full speed, everyone else can go 30 mph max. If they want to drive at full speed too, they should get their own!

  92. Me Too by glebovitz · · Score: 1

    I don't play games and don't have a game console, so I will try to relate this to an industry I do understand, videos and music.I own very few videos. The ones I do own, Disney princess movies, get a lot of use. I paid a fair price for them, and when my daughter finally outgrows them, I will pass them on to a relative or neighbor. The movies that I don't own, I watch on Netflix or Amazon. $1.99 for 48 hours of viewing is a very good price for Toy Story or Shrek that my daughter will watch once and lose interest. $15 - $20 for a view at a movie theater just doesn't cut it. To me, no movie is worth that price.

    If Disney decided that I couldn't resell the movies, I would probably still pay $14.99 for a DVD. It wouldn't take many $1.99 plays to reach the $14.99. If Disney started charging $70 for the DVD then I would look for movies from another vendor.

    Now if Disney and Universal and Fox got together and all adopted the $70 price and forced other studios to do the same, well then I would hope that people would get together and file an anti trust case for collusion against the studios.

    This is the problem I have with DRM. It isn't the protection of the media. It is the collusive price practices that go along with it. If the game industry got together and set standards that forced up the price of the game, then I would find it anti competitive. If one or two companies did that and it opened the industry to other companies who offered fairer prices, then I would go with the lower cost alternatives.

    Boycott is a strong concept and hard to implement. Not buying a product because the perceived value is not worth the price would be self regulating and more realistic.

    So I ask, why is the movie industry failing? Why are fewer and fewer people attending movies at theaters? Is it the pirate market for DVD? I think it is that the perceived value for Movies does not match the theater price. The same is true for CDs and DVDs. For me, the perceived value of today's movies is $1.99 for most movies. That is why I subscribe to NetFlix and Amazon. I get what I pay for.

    If Schilling believes people will buy his products at inflated prices and not get residual value for its sale, or reduced value for the price then only time will tell.

    1. Re:Me Too by Anonymous Coward · · Score: 0

      >why is the movie industry failing? Why are fewer and fewer people attending movies at theaters?

      Except, there are MORE and MORE people going to the theater...

  93. Profit by dumb masses by Anonymous Coward · · Score: 0

    If you don't like what they are offering in exchange for your money (call it license, or product or whatever you wish) then don't buy it.

    That is using the tyranny of dumb masses to drown out few dissent voices. Voting with your wallet does not work when this fuckery is convoluted and obscured enough for masses to not understand nor care about.

    It's not security by obscurity, it's Bullshitting by Obscurity, and as long as the bullshit is confusing, it works for the masses.

  94. Surprised it took so long by DrXym · · Score: 1
    The industry has been pissed off with the likes of Gamestop for a long time, selling used games at a price point far to close to retail copy and cutting into their profits.

    I would not be surprised if used game sales are more profitable to stores than brand new games. They can stiff sellers by buying games for less than wholesale and in some countries second hand goods are exempt from VAT so if they markup within 20% of the retail price, they get more money from that end too.

    So the industry is packing codes so the second hand games are gimped. People are less inclined to sell because the resale value is less and if they do then the likes of Gamestop can't mark the title up so close to retail because it's gimped. Doesn't stop people buying the game but they'll have to fork out for a refresh code. In theory if the refresh code were $10 and the second hand copy were $10 less then it all balances out to the customer, except that $10 goes to the producer not the retailer. This is entirely reasonable IMO but it has to be done in a manner which does not screw over a user who owns a few consoles or PCs and might need to reinstall a game at some future point.

    I think it would also be in the industry's interests to get stores on board with this. Yes they're being screwed over, but at the end of the day they are still major distributors for games. Seeing them go under is not going to help the industry. So if refresh codes are required for a game then it should be possible for the store to sell them from its point of sale and claw back some of that money for facilitating the transaction.

  95. No other industry demands these protections by senorpoco · · Score: 1

    You buy a used car and you still get all the wheels.

  96. PC Gaming has arrived on the consoles by Anonymous Coward · · Score: 0

    ROFL

    Welcome to the world of over-priced, broken, one-use, instantly worthless games.

  97. what if... by Anonymous Coward · · Score: 0

    Everything was like this. You bought a new car, 5 years later you decide you want that flashy newer car that just came out. You think someone is going to buy your used car when the dealership is going to charge them $2,000 for a new "biometric" key? because it wont start for them otherwise.

    Houses! You want to buy a house, well the builder charges you 5% to come "reconfigure" the palm print scanner that lets you unlock the house. Or you can just climb in the window every day.

    Thats what this new locked out unless new content is like.

  98. Just like Windows? by nukenerd · · Score: 1

    "many angry that game content that had shipped on the physical disc was locked away"

    Isn't Windows like that too? The various versions are all there, but locked out except for the one you bought.

  99. Curt Shilling by FrostedWheat · · Score: 1

    Is it bad that I keep misreading his name?

  100. Re:Baseball by Anonymous Coward · · Score: 0

    Japan and Korea are referred to as "The Colonies" now?

  101. N/A by Anonymous Coward · · Score: 0

    These are sidequests, 7 extra quests.. If this was the end of the game, or a really important part of the storyline, then maybe I'd get all blustered as well, but if the game stands on its own without the DLC, then fine, they're really just acknowledging that first purchasers are to be rewarded. The price of the DLC is what matters.. if it's $5, I'd say the hubbub is humbug. So 2 conditions met and I'm either angry or "meh" about this.. who can give insight into price of DLC and whether it's important or not?

  102. Congratulation Curt ! by aepervius · · Score: 1

    You just got with your comment at least 2 sales less (mines) plus a lot of negative PR each time this game will come up in conversation.

    --
    C. Sagan : A demon haunted world:
    http://www.amazon.com/gp/product/0345409469/
    visit randi.org
  103. Shilling's Shilling (n/t) by Anonymous Coward · · Score: 0

    *rimshot*

  104. Labeling what you are selling. by Anonymous Coward · · Score: 0

    Dear Curt Shilling,

    Nothing wrong with locking away content and try to sell your game twice or more to the same customers. Just label it clearly so we can avoid buying your game in the first place.

    Kind regards,

    One less potential customer.

  105. Car analogy? by Anonymous Coward · · Score: 0

    And what about when the game goes out of production and people want to buy it but the only option is used.
    You're fucked. This is just greedy and money grubbing.
    If a car manufacturer made it so if the car was transferred the wheels would fall off and you'd need to pay tens out thousands to replace them. That company would be fucked.

  106. Boxed retailers can help fix this by mattbee · · Score: 1

    Sure their business will be going away in the next few years, but they don't retailers don't have to help with this deception. If I were Gamestation or GAME, I'd print up some "Resale warning!" stickers, then put them on the relevant boxes on the shelves. You could use amber ones for when the multiplayer isn't transferable, and red ones for single-player content, along with the price of re-purchasing that bit of the game. Print up some posters by the till that explain what the stickers are. That way the game's true value is shown where it should be - stuck on the box along with the purchase price.

    --
    Matthew @ Bytemark Hosting
  107. Sorry BITCH by Anonymous Coward · · Score: 0

    You only get a piece of the first sale. Then I own it.

  108. Content locks punish families by Xian97 · · Score: 1

    The problem with these type of content locks are that once activated they are tied to the profile of whoever activated it. In my case I have two sons that play games along with myself. We just went through this with Batman Arkham City. Once one had activated the extra Catwoman content, then the rest of us couldn't play the same content on our profiles without having to buy it again. We could play Catwoman under the profile that activated it, but then any achievements would be earned under that profile only.

  109. The FA gets it wrong on 1 point by Registered+Coward+v2 · · Score: 1
    Here's the problem, from the FA: (emphasis mine)

    A number of people have declared this to be simple greed, but the situation isn't that simple. Consider this: When you buy a game from Gamestop, the studio gets nothing. Buying a used game and pirating the game outright are identical as far as their impact on the studio's revenue. That's inherently frustrating for developers, and the problem is made substantially worse by Gamestop itself.

    Equating piracy with a lost sale due to buying used is incorrect, since the publisher already got their cut from the first sale. The used buyer is not in the market for a $60 game, so there was no lost sale. It's simple supply and demand. If the publisher wanted to get that sale, cut prices dramatically after the initial release. Of course, some people who would buy new will start to wait, but you will dramatically reduce the used market values since GS et al will have to factor in the impact of a large price cut on what they will pay for a used game to avoid taking a loss on their used stock. In the end, the publishers have to decide is X Sales at $60 > (X-n) sales at $60 plus Y sales at some lower price (where n is the lost sales due to people waiting for a price cut, and Y - n + buyers that buy new instead of used at the new price).I don't think the price cut needs to be that drastic - looking at GS used game prices they generally are relatively close to new on popular titles for a while after the initial release.

    Frustrating? Yes, because they want X at $60 plus some cut of Y and are trying to figure out how to do it. My guess is they think they can significantly reduce the used game market by a)making the resale value so low that sellers won't bother to trade in a game for the $5* or so they'd get; and b)using the psychological impact of "buying me" to make new seem a better deal to buyers

    * - why about $5? Lets assume its a $60 game with a $30 DLC fee - so at best a used game can sell for $30 on average. I'd guess it'd be more like $20 and given the margins on used games (games often sell for 3-4x trade in per a friend in the business - although that was a few years ago) that means the trade in value will be real low.

    --
    I'm a consultant - I convert gibberish into cash-flow.
    1. Re:The FA gets it wrong on 1 point by RyuuzakiTetsuya · · Score: 1

      The statement is even stupider when you consider they don't have to support the guy who bought the game in the first place.

      Granted, PC sales are a little weirder because yeah, the installed copy might still be there. BUT...

      --
      Non impediti ratione cogitationus.
    2. Re:The FA gets it wrong on 1 point by Anonymous Coward · · Score: 0

      The used buyer is not in the market for a $60 game, so there was no lost sale. [...]. I don't think the price cut needs to be that drastic - looking at GS used game prices they generally are relatively close to new on popular titles for a while after the initial release.

      See the problem? GS is pricing used titles in a way that they do compete for customers that would be willing to pay the full price.

  110. First sale doctrine by Anonymous Coward · · Score: 0

    Dear Curt Shilling, first sale doctrine. That is all.

  111. Should pay out royalties when gamers sell on! by Lemming+Mark · · Score: 1

    Maybe publishers should start paying gamers royalties for second hand sales? Every time a gamer manages to sell a second hand copy of a game with one-use DLC, that's a sale that the publisher hasn't had to spend money marketing. The friend he sold to will buy the DLC, so the original owner should get a cut of the marketing money saved.

    That's on top of a discount for single-use games, obviously - and the right to compensation for time wasted when buyers find out their game has single-use content and return it for a refund.

    I don't really think freedom of contract is sufficient to justify what the publishers are doing in this instance - for general societal well-being, there is law in place that governs contracts in ways that minimise what you might call consumer "surprise". So there are some things you can't put in contracts, a general principle that the party has to know they're signing up for it, etc. Enforcing these helps us in ways including having a freer market because companies can't use the legal system as an alternative to in-market competition. As this practice becomes widespread I think it's certainly inviting heavier government regulation - and I hope lawmakers will make steps towards intervention if it carries on, at least so that the industry makes a more serious choice about what's best.

  112. Dear Curt by flyneye · · Score: 2

    Dear Curt,

              There is not a damn thing wrong with making money. There is something wrong with the way you intend to make it though.
    I know coding is long hard work and bringing a game to fruition must be like having a cow.

              However, you may've noticed that I.P. is a hot topic nowadays. Turns out that sitting on ideas and intangibles for years and years is an unworkable bad thing that threatens worldwide prosperity and innovation. That brings us to you.

              See if I sold you a car, and you used it till you decided to sell it and upon selling the buyer discovered that the car wouldn't go into 5th gear or reverse, you'd have the damn thing back in your driveway unable to sell. The world is full of enough plastic crap that doesn't work and further when I buy something to take home, it is mine Mine MINE to do with as I please. If you license (rent) something to me, I know it isn't mine and I will return it in close the the same shape I got it in and pay the diff on repairs. This is the way the world works, sell it to me, it's mine so you just forget about what I do with it, rent it to me, then you have a say. There is NOTHING IN BETWEEN! Just because someone decides to have an ass backward business model that says" you buy it, we own it", doesn't mean the world will EVER have any intention of honoring it. It goes against hundreds of thousands of years of human evolution and development.
    So you and the RIAA, MPAA, Apple, AT&T, the U.S. Senate and Congress and all the other silly corporations who think they can have riches in exchange for a handful of dust can just get with the program or eat feces. We're not gonna take it.

            So you see, Curt, if you wanted to make a bunch of money you would work an MLM real hard. If you want to have a good time and do something rewarding
    keep making games. If you want to be successful at it, remember when my money hits the counter, I OWN IT. If you want more for it, charge for it, but it's mine now and if I sell it, well you already got your money and I'm making some back, fuck off. Same goes for music, movies, software,computers,phones,cars and dog chow. If you don't like the business model, go somewhere else and do something else, reality doesn't change everytime someone has an idea. Some ideas are just bad, I bet you got some experience to resonate with that statement. Everyone does.

            Just relax and take a reality pill. Sell games. Expect they are gonna get resold. Well... What have you done for us today? Got a new game, sell it, make money, repeat. Forget the old game. That was yesterday. Not enough money? Sorry man, you gotta choose between something you like and something that pays. Just because you think you need more money, doesn't entitle you to it. It's a hard lesson you and the rest of those fighting over UNWORKABLE IP MODELS will have to learn. Go ahead, you'll quit hitting your head on the wall when you're smart enough to figure out it hurts.

                                    Love
                                            Fly N. Eye

    --
    *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
    1. Re:Dear Curt by jittles · · Score: 1

      This is the way the world works, sell it to me, it's mine so you just forget about what I do with it, rent it to me, then you have a say. There is NOTHING IN BETWEEN!

      *GASP* You just made me realize. Not only is Curt Shilling's name very apt (he is a Shill), but I just realized he is a Goblin from Harry Potter! See, anyone who reads the 7th book of the series knows that Goblins believe that any item crafted belongs TO the crafter. That you only pay to use the item during your lifetime. You cannot transfer ownership of a Goblin made item. It belongs to the Goblin. Now we know his true identiy....

      .... or I have just been reading too many books lately....

    2. Re:Dear Curt by toriver · · Score: 1

      .... or I have just been reading too many books lately....

      As long as you didn't resell or lend the book after you read it...

  113. Curt's trolling by Anonymous Coward · · Score: 0

    Let's skip the whole right of first sale, license isn't purchase, you want play for free, no YOU want money for nothing, screw you we'll just pirate it, no screw YOU you're banned, blah blah blah.
    Frankly you're not interested in any of it anyhow. "I'm right! Now prove me wrong!" is an amateurish troll, but most people seem to have fallen for it.

    We get it--you don't care if you piss off the "play-for-free" folks; they weren't going to send you money anyhow.
    Screw 'em. Stir up the antpile and giggle as they run around. It's fun and costs you nothing. There's plenty of suckers to nickel-and-dime you to a(n other) fortune.

    Carry on.

  114. Bah! by Maxx169 · · Score: 1

    This is a silly argument. It'll all be moot in 5 years time when we are forced to download our games (a la Steam or PSP Go) ...It is the inevitable future, perhaps we should just suck it up and not get our panties in a twist?!

  115. Then make two versions by Anonymous Coward · · Score: 0

    "If you disagree due to methodology, ok, but that is our intent... companies are still trying to figure out how to receive dollars spent on games they make, when they are bought. Is that wrong? if so please tell me how."

    Yeah, I understand that desire.

    So, make two versions. One with the bogus, crippled, unresellable version THAT I WILL NEVER BUY for $20. Then make the real version sell for $40 (or whatever), and allow it to be resold. It's your game. You can sell it however you like. But if you don't make the latter version, then you can forget about me ever being a customer.

  116. Really by Dunbal · · Score: 1

    Who cares what the head of a soon to be bankrupt company has to say? Although professional and corporate suicides are sometimes entertaining, this one is not even that.

    --
    Seven puppies were harmed during the making of this post.
  117. Garth Brooks running game companies? by jjohn · · Score: 2

    Used media has always been a legitimate business as has used software. If there is really only one user with one installed copy, the gaming companies need to have a big mug of STFU. Games are crazy expensive anyway. It's a wonder that they sell any copies at the original MSRP.

    Here's link to Garth Brooks and his anti-used CD crusade:

    http://www.deseretnews.com/article/304702/GARTH-BROOKS-HASNT-THROWN-IN-THE-HAT-ON-USED-CD-CONTROVERSY.html

     

  118. Gamefly/Game Stop by Anonymous Coward · · Score: 0

    Really if you stop and think about it this affects Gamefly and Game Stop a great deal. Those of us with short attention spans or blow through games quick enough to not justify the $60 price tag wouldn't be able to play certain games if more companies jump on this bandwagon or if MS decides to go the way of the "no used games on the 720". If you think about it- Gamefly is just a bunch of used games your renting. It would be like Sony saying "This BluRay will only work on your player, no one else's, you can't let anyone borrow it. Good luck with getting your discs from Netflix or what other rental company tickles your fancy." Gamefly, Game Stop, as well as other used and rental companies of the like would slowly be put out of business in a already crap economy.

    Making money should be more about the product you have to offer and sinking other companies not as much.

    Being from the Boston area (yeah, wicked and all that) I can tell you that I'm not a baseball fan. I don't consider it a sport. As a result I don't consider Curt competent in doing much of anything. This doesn't really surprise me and I don't really have any intentions on buying any of his games anyway.

  119. Only in THIS industry, remember! by cfalcon · · Score: 1

    It's completely dysphoric that companies are complaining about "used games" as an obstacle to their business model. Forgetting about all the totally correct and useful comparisons to cars, houses, boats, and clothes, how about we look at EXTREMELY SIMILAR PRODUCTS:

    -Movies
    -Music

    The guys who run these industries aren't famed for their social kindness, and we hear constantly about how music and movie piracy is supposedly crippling their industry- and yet THESE guys aren't complaining that used DVDs and CDs are destroying their business model, even though the complaint would be exactly as legitimate.

    Even the Penny Arcade guys occasionally scold used gamers (indirectly), as if every person who plays a game should absolutely definitely have purchased a studio copy. This is a head scratchingly bizarre stance, and this is an issue in NO OTHER INDUSTRY IN THE WORLD. No other industry rails about the fact that they have made a product that maintains value- hell, "I can sell the game back later" is a feature that gamers know about WHEN THEY BUY GAMES, just like everyone else in every product in the whole world for ever and ever amen.

    Next thing you know, we'll be hearing about how "disinterested customer base" is a real problem, and they need a law to force you to buy stuff...

  120. Grrrrr by tibit · · Score: 2

    This is not 38 trying to take more of your money, or EA in this case, this is us rewarding people for helping us! If you disagree due to methodology, ok, but that is our intent... companies are still trying to figure out how to receive dollars spent on games they make, when they are bought. Is that wrong?

    Since when, you idiot, is a game publisher a tax collector? Because what you intend to do is tax each and every sale of the game on the secondary market. It's not yours to figure out how to "receive" in the first place. You sell it once, get your money, and that's it.

    --
    A successful API design takes a mixture of software design and pedagogy.
  121. This will spread well beyond software by elrous0 · · Score: 1

    When a car company sells you a car, they don't demand that every time you sell that car, they get a portion of the sale.

    If the consumer allows this model to spread, it will only be a matter of time before it WILL spread to the auto industry and beyond. Imagine this:

    Car comes with OnStar/Navigation/etc., but only if you buy it new (or used at an authorized dealership).

    If you're not the registered original purchaser, no dealership will service it, recognize any warranty, or allow you to participate in any recalls.

    No authorized dealership will be allowed to purchase any car used made by a brand that it's not authorized to sell new.

    etc.

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
    1. Re:This will spread well beyond software by FireFury03 · · Score: 1

      If you're not the registered original purchaser, no dealership will service it

      They are at liberty to do this. It would make the independent garages ecstatic - I can't see the main dealers turning away that amount of business.

      recognize any warranty

      Certainly here in the EU, there's no such thing as invalidating a warranty. Warranties cover design and manufacturing flaws and if you can show that a defect was a design or manufacturing problem then you're covered, if you can't then you were never covered anyway. A car manufacturer would have a hard time explaining to a court that a defect wasn't a manufacturing flaw simply because you bought the car used.

      allow you to participate in any recalls.

      Refusing to fix a safety problem (which is acknowledged, since they are still issuing recalls to cars that haven't been sold on) would see the company convicted for corporate manslaughter pretty quickly.

      No authorized dealership will be allowed to purchase any car used made by a brand that it's not authorized to sell new.

      Again, the independents would love this. The manufacturers would be massively shooting themselves in the foot with this anyway since they have just ensured that their competetor's customers must remain loyal to their competetor rather than being free to switch to their product. For example, if I own a car made by Ford, I go to Ford asking about buying a new car and the offer me part exchange which knocks £2000 off the price of my new car. Conversely, I go to Toyota and they refuse to part-ex my Ford because it's a Ford. Unless Toyota's cars are £2000 cheaper than Ford's anyway, they just lost themselves a prospective new customer.

    2. Re:This will spread well beyond software by mcgrew · · Score: 1

      Here's a post I made at my (now defunct) gaming site ten years ago and re-run as a /. journal a few days ago:

      Car's OS was fragged by Bug's Bunny
                      "Hey, you got a new car! Pretty nice! I see you're sticking with the same manufacturer."
                      "Well, I liked the old one. I've always been happy with Microcar's autos."
                      "Your old one was only two years old, if you liked it why did you buy a new one?"
                      "The manufacturer said I should upgrade. Besides, this new model has a cassette instead of an eight track. Wish it would play the other four tracks though..."
                      "Why didn't you just buy a new radio?"
                      "The manufacturer welds them in, and wires them so the car won't start if you take it out. Besides, the radio wasn't the only reason to upgrade."
                      "What else?"
                      "Ralph Nader says the old one crashes too often, but you know that nut. I've only had that old one one crash six times, and I was never in the hospital too long. But Microcar says this model is much more stable and hardly ever crashes. It's supposed to be more secure, too."
                      "Why did it keep crashing?"
                      "Dunno, something about the spark plugs interacting with the steering system, I'm no mechanic. My mechanic tried to explain it to me but these mechanical things are just too complicated. He says if I'd defrag my pistons more often it wouldn't crash, you get much more stability with a fresh tuneup. But I just said 'the hell with it' and traded it in.
                      "In fact, I'm taking it in to the shop right now."
                      "But it's a band new car, it needs a tuneup?"
                      "No, there's a 'feature' that keeps the door lock from working if you drive it more than six miles. I'm going to get the patch kit".
                      "I thought you weren't mechanical?"
                      "Well, they say this one's an easy fix and I can't afford another repair bill".
                      "Won't they fix it under warranty?"
                      "What warranty? This is a car! The EULA says they bear no responsibility for anything. I just hope I don't get in trouble with the law applying this patch."
                      "Huh?"
                      "Yeah, they weld the hood shut, and under the DMCA, opening the hood of your car is a felony if it's welded shut. You can go to prison if you get caught, even if they are tacky little welds that come apart by themselves."
                      "Boy, cars sure are weird. I'm glad my computer isn't like that, I'd never get any work done!"

      1/25/2002 Springfield Fragfest

    3. Re:This will spread well beyond software by DamnStupidElf · · Score: 1

      If the consumer allows this model to spread, it will only be a matter of time before it WILL spread to the auto industry and beyond.

      The only reason we don't have this situation in the automobile market today is because of "big government" "anti free-market" "socialist" consumer protection laws. So the solution is to pass computer software consumer protection laws.

    4. Re:This will spread well beyond software by Scarletdown · · Score: 1

      The only reason we don't have this situation in the automobile market today is because of "big government" "anti free-market" "socialist" consumer protection laws. So the solution is to pass computer software consumer protection laws.

      At the very least, we need to get fair use and first sale actually codified into copyright law. Then, if publishers take measures to thwart either of these freedoms, they would be guilty of copyright infringement, with all the penalties and pitfalls that entails.

      --
      This space unintentionally left blank.
  122. Time to show some resolve. by eNygma-x · · Score: 1

    I was about to say there is another company I won't be supporting. But then I saw they are with EA. I literally have not bought a single game related to EA in over a year because of the crap they are pulling. And I make sure the people at Gamestop know it.

    --
    As in most religions, it's the followers that turn people off to the religion. And Mac users are the worst.
  123. Here's why Schilling is being a hypocritical ass by Anonymous Coward · · Score: 0

    I haven't seen this brought up so far, but Schilling's other venture (Multiman Publishing) sells wargames. These are physical paper and cardboard products, which are relatively expensive to begin with ($100 for a module extending Advanced Squad Leader, for example). Now, these are not always in print, but sometimes go out of print and stay out of print, for years, if not forever. On Ebay, and elsewhere, you can find the out of print modules, but they cost a lot more than they did at retail. So, maybe $500 or more for Code of Bushido (for Advanced Squad Leader -- yes I know it was produced back when AH still owned the product line, but bear with me).

    So, he runs a traditional print company which produces a product which has significant publication and production costs, and fully supports a second hand market, and he's okay with that, especially when people are making gobs of money by selling it second hand. Yet, he wants to make a stink about digital media because it's the "in thing" to do.

    I don't think it's about the money -- the man has a shit ton of it as is, but about the principle. Sometimes, you're wrong. Sometimes, you listen to stupid people (EA). But what is the difference between someone selling a physical copy of a boardgame and having the resold version be perfectly functional and a computer game being the same way?

  124. But I'm NOT paying the publisher... by Anonymous Coward · · Score: 0

    The store is paying the publisher at wholesale cost to get the discs into the stores. Then they sell it to me at retail and make the profit to cover the costs, make a little extra, and then order another 50 units at wholesale. *I'm* not paying anybody but the store.

    Why demonize the consumer? Why is it us who gets screwed with these online passes? Stores will still purchase new discs at wholesale and give EA and whoever-else all the money they need.

    I bought a game. I agreed to a EULA that stops me from doing anything other than playing it, I don't think there's a single clause in there that states that I do not have the right to resell it as I see fit. If there were, I guarantee you that we could finally shut down this self-defeating practice.

  125. White People Problems by JSBiff · · Score: 1

    This reminds me of the recent SNL sketch with Charles Barkley, "White People Problems". That is, problems which, in the bigger scheme of things, are pretty trivial.

    Can we save some of our outrage for more pressing problems?

    1. Re:White People Problems by toriver · · Score: 1

      Only if you dedicate your time to helping the elderly instead of posting on Slashdot.

  126. 38 Studios by JSBiff · · Score: 1

    Guys, guys, I mean, obviously if this guy is the head of 38 Studios, he's overworked and just sleep deprived. That's way too many studios for one person to run. Cut him some slack!

  127. analogy by Anonymous Coward · · Score: 0

    This is akin to me selling a used dress shirt to someone and when they go to put it on the first time, half the buttons fall off.

  128. Does it bother anyone else by Anonymous Coward · · Score: 0

    That his name is Schilling?

    Met him at Blizzcon 2010, nice guy.

  129. Need DRM Advisory on box label by n2hightech · · Score: 1

    There is a very simple fix for all of this DRM crap. Require sellers to label all DRM protected media. The Labels would have to designate what level of DRM is applied. DRMX - Locked to single user by hardware keying, DRME - Extended material access requires on line activation etc. This is just a fair labeling issue. If you know before you buy then the market will force providers to respond to the desires of their customers. If they get too restrictive market share will drop and they will change their ways. If you are a buyer you would have no reason to complain if you buy knowing full well you cannot sell or trade your game to someone else. DRM is not wrong what is wrong is not telling people upfront they are buying a crippled product. Call your congressman demand action. Use government power against the Game industry like they are trying to use it against use.

  130. Wow guys by Anonymous Coward · · Score: 0

    The sense of entitlement in some of these comments is astounding.

    A developer makes a game and wants businesses like Gamestop to no longer be able to make record profits, PRIMARILY on inflated price, used games sales.

  131. Lemme help you out, Curt. by Loosifur · · Score: 2

    "...companies are still trying to figure out how to receive dollars spent on games they make, when they are bought. Is that wrong? if so please tell me how."

    Tell you how, Curt? Sure. Ever hear of used book stores? Music stores? Used DVDs? Pawn shops? Amazon.com? All of these sell used books, CDs, and DVDs/Blurays, and none of them turn a penny of that profit over to the original creators. Now do me a favor, Curt, and tell me why the game industry (not even the software industry as a whole) is special? Why should a consumer not feel like you're using DRM to squeeze as much profit out of your customers as possible, rather than to protect yourself from unethical behavior?

    I own a PC, so, unfortunately, most of this argument is academic for me, now that digital distribution is the predominant model, and there's no drive on the part of distributors (Green Man Gaming notwithstanding) to develop a reselling mechanism. But for console owners, the whole "Gamestop and private resales are decimating the gaming industry" is the biggest pile I've ever heard.

    --
    This unbiased moderation brought to you by the Porcine Aviation Group!
  132. Shrinking market by moorley · · Score: 3, Insightful

    The problem is greater than they imagine and you will start to see it every where.

    Just google the word plutonomy for the big picture.

    The dilemma has always been to provide a customer with a product for a price that works for all. The problem is the price no longer works for the producer so they want to jack it. The blow-back is that customers, who do not think themselves thieves, but savvy consumers are being told they are no longer viable and not wanted.

    As the majority of Americans continue to make less while a small part of them continue to make more you will see more and more "big companies" have this same fight. They don't see that the problem isn't that fact that as time goes on only fewer folks will have the ability to afford their goods, they will instead see that they need to lash out against the "unworthy" customers who just don't want to shell out the cash they know in their hearts their product is worth.

    One should remember that Price is one of the 4 P's of marketing. We tend to think that it means that charging 5 to 10 times the true value of Chanel No. 5 is all that it is about but it also works on the lower spectrum. If your target market is spending 0.025% of their monthly income to purchase your product you need to remember that has to scale. I don't buy my DVDs at best buy. I buy them low cost from the WalMart bin or secondhand in pawn shops. It's not that I don't want to buy DVDs but that source meets my budget.

    By continuing to start a war of words and technologies against folks who perceive they are your customer to you are basically telling me I am not your customer. I am not worthy of your product. Fair enough. If they keep this up their customers will find new products to fill that same niche in their income bracket, as they should.

      I don't dream of Lamborghini's or Chanel No. 5. My heart no longer goes pitter pat to see the latest Spielberg flick on the big screen at today's movie prices. Although game design studio's may think their products are gold, and they may very well be, they will find by shrinking their own market, rather than finding ways to price appropriately that they also will have no market.

    Looks like they want to get to their destination fast rather than slow. Screw 'em. I like board and card games better. If I need story I will pick a good pick up a god book or short story they may or may not have paid the rights to themselves (actually I will lend it from the library cuzz I can't afford to buy it.)

    This lesson was learned by me again just the other day. The local coffee roaster that I have loved for years and seen them grow decided that a free cup of coffee could no longer be given if you bought a half pound of whole bean coffee instead of a full pound. The owner actually got the employees together to "discuss this" and then expounded on his personal view that it was too expensive. They never thought to offer a cup of coffee for 50-75 cents with the purchase of the half pound, instead the owner basically made the moral judgement that folks who can only afford half a pound of coffee (6 bucks by the way) are no longer their customer. So I am no longer their customer.

    --
    "Don't fear death... fear not living..." -me :)
  133. One time activation by Anonymous Coward · · Score: 0

    Last time I bought a game it said on the box "requires permanent internet connection to play". Fine I thought, no problem, I have one of those. The game was awful so was included in the next batch of games to go to the 2nd hand store and get sold or swapped.

    "We can't accept this" they said in the shop "it's a 'one time only activation, once the game has been activated once, that's it, it can't be activated again".

    Haven't bough a game new since, nor will I.

    As others have said, these fools want to sell a thing and still get to own it after the sale and I, for one, will not play that game.

  134. Consumer whores. by MaWeiTao · · Score: 1

    I don't understand the outrage. If you don't like this practice, don't buy the damn game. A bunch of pissing and moaning on a forum is not going to make any difference if everyone still went out and bought the game. Not buying the game will send the strongest possible message.

    You don't need this game to survive. This game wont make your life complete. In the never-ending deluge of entertainment it's just a blip.

    If everyone did this these publishers would stop this practice almost immediately. Games might possibly get more expensive, but you wouldn't have to deal with these gimmicks. And this means NO PIRACY. The only message piracy sends is that demand for the game is obviously there, it's just that DRM is not draconian enough. These guys don't think the way you do.

    Mind you that this doesn't necessarily apply to DLC. I don't have any problem with DLC or even subscription based games. But these little gimmicks developers play are annoying. That's one of the many reasons I've generally stopped buying games, especially from publishers like EA. The problem is that most gamers don't seem to have much in the way of principles. They complain, but they're right back there at the feeding trough devouring whatever crap EA feeds them.

    There's no elegant way to put it: stop being consumer whores and companies will change their ways or go out of business.

  135. I will not participate. by P-niiice · · Score: 1

    I refuse to participate in this. I usually buy new games due to games pretty much being about 89% garbage - only the best games that I know I'm going to love get the day 1 treatment (Skyrim and Saints Row 3 being the last ones I bought new). Even the almighty Skyrim, which I am truly in love with, is a complete buggy mess with uncompletable quests, backwards-flying dragon, etc.

    I'll stick to my 360 and PS3 rather than purchase a next gen console if this trend continues. And for someone who wants it bad enough, pirates will figure it out.

    1. Re:I will not participate. by P-niiice · · Score: 1

      I meant to say, "I usually don't buy new games".

  136. I'm just going to skip all of these angry comments by Xacid · · Score: 1

    I'm just going to skip all of these angry comments and suggest a model I'd be happy with:

    It'd be a combination of what steam and blizzard have already done. Have a decent single player game experience. That gameplay will be attached to the physical disc. If I want to give that disc to a friend they're able to play the single player campaign of SC2.

    Multiplayer, however, should require some sort of a code at a low price ($5-10) - understandably there should be some income for new players as running servers isn't free as we all know here. Traditional used sales don't support the cost of those servers.

    The other part - and something that would encourage me to pay full price: make the game entirely downloadable to those who a) bought physical copies or b) paid for the full download online. Xbox 360 is damned close to this model but missed it where it mattered - I don't want to be bound to a physical disc all the friggin time. Wtf was the point of getting that model with the massive harddrive just to still be tethered to physical media? And then not only that they don't have all games available for purchase/download online and as far as I know if my harddrive dies I lose download rights to that software; whereas with Steam/Blizzard I can download indefinitely as it's attached to my account, not device.

  137. Screw them. No money from me. by twocows · · Score: 1

    It's a shame. It's a decent action RPG, the devs (especially the ones in charge of art direction) obviously put a ton of work in. But fuck if they're getting any of my money. I was already boycotting EA because of Origin, and I'm damn well not going to change that with this sort of stunt.

  138. I agree with Schilling... by Zooperman · · Score: 0

    The used game market is killing the very industry that it is feeding off of. Companies like GameStop now attribute over 60% of their annual revenues to used console games. They are leeches who feed off both the gamers and the industry. Or have you not noticed how they will pay you the equivalent of 10-15% of the value of a game you trade in, then immediately turn around and re-sell it for just $5 less than the retail price? It is a rip-off, plain and simple, that screws both gamers and the game companies.

    Don't like the current pricing of video games? In 1978 a typical AAA title for the Atari 2600 game system cost $59.99. IN 1978 DOLLARS. This was a game on a cartridge with perhaps 16 KB of total storage capacity, and a development budget of less than $150,000. Today of course, development budgets for the best game franchises START at around $30m per title. Some, like the Modern Warfare games, have dev budgets in excess of $60m each. This, for games that support hundreds of hours of play and can fit on a dual-layer DVD. The retail price? Still $59.99.

    I strongly suggest everyone calling for boycotts and piracy take a hard look at the industry, and understand that it's not the game developers and publishers that are ripping them off. It's the RETAILERS who are ripping everyone off, up and down the line. The developers and publishers are just trying to get back money that is rightfully theirs.

    --
    Zooperman
    1. Re:I agree with Schilling... by Opportunist · · Score: 1

      It is? Well, let's look at it from the customer's point of view. Because, allow me to be so blunt, this IS my point of view. Yes, I know that the seller has a different one. But pardon me if my sympathy takes a rear seat to my egoism. It seems it's mutual.

      Here I have 100 bucks. That's my game budget for this month. There's a few titles I like and I want, way more than my money will allow me to buy, so I have to make a selection. I choose a title and buy it, for 60 bucks. I play it, and when I'm done, it goes back to the market and I get maybe 30-40 bucks for it. With those 70-80 bucks, I buy another game. And with a hint of luck, I can repeat that process. Of course, always provided I didn't buy a dud and don't find someone buying the game from me, that's the risk I have to take.

      In the new system, I can't really hope to see 30-40 bucks for the game. I could hope for maybe 20, if that. Depending on what the "bonus content" will cost to make it whole again. For 20 bucks, chances are that I won't want to sell the game because I might find it interesting in a few months again to play it through again. So, all I buy this month is one game.

      That's one to two games fewer sold. Whether someone who relies on the second hand market will pick up the slack is not really a given, because if they HAD the budget in the first place, they wouldn't wait until someone sold his copy.

      I'm not so sure if that's in the best interest of the game makers either.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  139. What i (tried) to pst to the forums.... by ConallB · · Score: 1

    Hi all,

    Normally I dont participate in online discussions as the flames and trolling are too much of a hassle to dwal with. But this topic is something that means a lot to me and so I would like to post something in the hope that it brings some idea as to why this particular topic of new vs used creates such heat.

    To start off I would like to say to the Developers that "I get it!" and really, I do. You take a big risk making a game and it takes a hudge amount of time, effort and love to get it out into the world. You do it for the love of it and also, in the end, to get paid. This is what you do and you deserve to be paid for doing it. I understand this because I too work for a living and want to be fairly compensated for what it is I do. I want people to buy my product because, the more people that buy it, the more profit I make and the higher my reward. So I get it.

    Now lets look at it from the consumer / customer side. You make something and want to sell it to me. I want what you are selling and so, taking my hard earned cash from my job, I pay you your asking price and you sell me your product. What I do with it from that point on is my business. Provided I dont attempt to pass it off as my own or do something illegal with it (such as pirate it for profit or otherwise or pass ) I am free to do with it what I wish, including doing something with the product the producer never intended. Simple so far.

    Here is where the problem starts. I, as a consumer, am now finished with using your product and wish to recoup at least some of my costs, by selling the game onwards to someone else, as is my right. You, as a producer, seem to see this as a 'lost sale' in that you dont see any profit from that transaction despite the fact that it is a legitimate option on the part of your customer.

    Maybe I, as a customer, sell my game back to the retail outlet that sold it to me who in turn sell it on at close to the price of a full game. That really doesent seem fair but it is. I am selling my ownership and rights back to the retailer who, as the new owner, is free to do with it what they wish, including doing something with the product the producer never intended. In this case, selling it on for thier exclusive profit.

    You, the producer, dont like this. When a used copy is placed on a rack next to a new one and the price is lower consumers will, naturally, go for the lower cost. Especially as, aside from packaging, there is no discernable difference between the new and used ones. So how do you propose to combat this? You decide to offer purchasers of new product a "freebie" that purchasers of used content have to pay for. By doing this you incentivise potential purchasers looking at the new vs. used rack to buy "new" but what you have also done, perhaps unintentionally, is devalue the used copy at the expense of your customer. The retailer, realising they can no longer sell the used copy for as much, dratically lowers the price they will sell a used copy for thereby resucing the price they will pay for any used copy. They may not even buy the used copy back at all as they now realise nobody wants it as it is missing the "free" content that is only availiable as new.

    I, as your customer, feel like you have not played fair with me. You have my money, you made your profit off me, and now you want to deprive me of the ability to sell on my paid for property at a reasonable price. The retailer doesent care. They continue to make a profit wether someone buys new or used. The margins on used may have been higher but no so much as they would really care too much. The only person who truly loses out on the deal is I, your customer.

    There are other options availiable to you that you may want to consider. Perhaps some sort of agreement with your distributers for a slice of the used market if they wish to sell your product new, or something that allows individuals to sell the product on to other individuals via an online marketplace where you could perhaps take a small percentage of the trade?

    --
    Quidquid latine dictum sit, altum sonatur.
  140. yes. by unity100 · · Score: 1

    it is creeping down. and it will creep down as long as we let it creep down.

  141. Should a contract be allowed to supersede law? by fish_in_the_c · · Score: 1

    I think the problem that most people are having is this.
    There are existing laws, and therefore existing expectations that customers have , about what it means to 'buy' something.
    You cant just go and change that agreement without making it clear to people what you are doing. Otherwise they have a right to be upset.

    It is as simple as this:
    If I knowingly create a situation , in which you are deceived into thinking you are buying something you are not, they I have lied to you and undermined our , previous, relationship. That is wrong.

    I have to question if this use is even legal, ( I'm sure their are corporate lawyers all over this , but there is some grey area here).
    The reality is the contracts cannot contravene consumer law.

    For instance, it makes no difference what kind of contract you agree too. If you employer pays you less then minimum wage , even if you agreed to it in writing. You can turn around and sue you employer for the rest of your wages.

    So, i understand why people are upset.

    As far as , making money goes. If the game companies need more money for what they sell, they should
    a) charge it.
    b) make it easy to know and explicit what they expected to be paid and when.

    Anything else is just fraud and there is no reason the consumer should tolerate it.

    --
    âoeTolerance applies only to persons, but never to truth. Intolerance applies only to truth, but never to persons.
  142. Re:Baseball by slater.jay · · Score: 1

    No, it's an (admittedly failed) attempt to make cricket something that a sane person would want to watch.

  143. Re:Baseball by residieu · · Score: 1

    Does it matter? What does his previous job, which had nothing to do with the video game industry, have to do with a discussion of his ideas about used game sales.

  144. Bonus Content? by The+Asmodeus · · Score: 1

    So, if you buy the game new, you get content. If you buy the game used, you don't get that content but are still able to play the game.

    So is it "bonus" content that rewards the people who paid full price for the game? Sounds like it.

    I like buying used cars but I don't complain if the "new car smell" is gone. I didn't want it nor want to pay for it so....

    Just fail to see what all the "outrage" is about...

    1. Re:Bonus Content? by Opportunist · · Score: 1

      Well, to make the analogy fitting it would probably be that you're buying a used car where most of the non-essential parts to get it past the next inspection have failed. No radio, no anti-lock, no injection control, no AC... in a nutshell, it starts, it drives and if you know how to brake, it will even stop again.

      Oh, sure, you could fix all the failed parts.

      In a nutshell, the item you bought new and now want to resell lost value. Big time. Instead of selling it for about half price, the best you can now hope for is about a fourth of the original value. And, unlike the car which could well be due to bad maintenance, it's not even your fault.

      That's basically what the outrage is about. For a lot of people, the calculation was that they pay 60 bucks for the new game, but they can sell it again for about 30, so it only costs them 30 bucks. They can't do that now. In other words, they will most likely get to buy fewer games. I'm not so sure that's in the interest of the game makers.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  145. Stealing my bandwidth by Anonymous Coward · · Score: 0

    If they expect me to have to authenticate via the internet, they should be paying me for the use of my internet service.

  146. ok by Anonymous Coward · · Score: 0

    "companies are still trying to figure out how to receive dollars spent on games they make, when they are bought. Is that wrong? if so please tell me how.'" The companies charge excessive prices for new games. So they have their money. Whe the person who bought the new game has finished it/gets tired of it, they have the right to sell it. that transaction is completelt between the buyer and seller of the game , as are any subsequent transactions.

    No matter what anyone claimes, this type of crap is a move to try to keep people from buying used games instead of new games. I consider this type of crap illegal, as it is trayin to remove a consumers's right of first sale. It is also just plain wrong. These companies are just pissed because used games are a big business and they are (and rightly so) not getting any of that money.

  147. I bought a used car last week... by ski9826 · · Score: 2

    So what happens when Ford is "sick" of the used car industry? Will they put a retinal scan in their vehicles that only allow that person full functionality of the vehicle, but if they sell it to someone else they cannot drive above 25 miles per hour? Where does this end? It is ridiculous. The used games industry is a good thing. I for one, would never have bought the sequels to MOST of the games I have played if I hadn't bought a used copy of their previous game first. And how about those people that trade in their old games so that they can buy brand new ones? Does this not increase sales of the gaming company's most current game?

    1. Re:I bought a used car last week... by Opportunist · · Score: 1

      Wonder what Shilling would say if his Bentley suddenly couldn't be sold second hand anymore because it's biometrically tied to him...

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  148. I don't mind by Anonymous Coward · · Score: 0

    So long as the game is dirt cheap. When awesome but locked-down games cost me five bucks, I don't mind that I can't resell it.

    When they cost me 50 bucks, I move on, of course. If the game is really awesome I might pay ten bucks...maybe.

    Also, if the lockdown mechanism installs rootkits or other security holes on my system (like SecuRom), I don't buy it at any price (you could pay me to accept it so long as the price you are offering is equal to the cost of a new gaming rig).

  149. Steam VS physical media by phorm · · Score: 1

    On steam, there's the knowledge and expectation that your game is tied to your account. In most cases you don't buy a physical disk, you buy a license for *your* account.
    (except the copy of HL2 I bought way back when, that had a disk and needed steam... lame).

    When I buy a physical disk in the store, I expect that everything that came with that disk originally should be available for future installs, or a used sale, whatever. Unfortunately, physical disks are often worse than online sales these days, because you end up not only with a incomplete-for-resale game (for a greater price), but also some horrible nasty DRM scheme that may eat your DVD drive etc.

    And then there are things like Origin, which does stuff like scanning your *entire* HD so that EA can advertise to you (or possibly sue you if they find Warez or whatever on your HDD)
    http://www.escapistmagazine.com/forums/read/9.308724-EAs-Origin-is-creepy-and-watches-you-sleep

    Rights are rapidly going downhill, and the "entertainment" industry wonders why people don't want their crap.

  150. Because there's no negotiation. by Anonymous Coward · · Score: 0

    They're using the fact of their monopoly to demand a higher price.

    Then, when sales don't meet target, blame their customers for being thieves.

  151. Why is software different than any other product? by Streamweaver · · Score: 2

    Why is Game Content a special class of merchandise that is seeking to be exempt from long standing practices of ownership and resale? Ever other form of property in the world allows purchase and resale by the purchaser with the exception of controlled or dangerous materials such as drugs or weaponry. Both EA and Shilling seem unreasonable on this issue.

  152. I'm going to have to disagree with you there... by SkimTony · · Score: 1

    Think back to when you had an NES. How many used games did you own? How many games did you buy new?

    I didn't have very many games for my NES (wasn't allowed to play very much), but I had friends who did, and they loved used games. The same practices applied then as now; people bought games, played through them, and passed them to another player or sold them, or even more often, traded them. The games that weren't resold or passed around were ones with high re-playability value, or ones with good multiplayer options (e.g., you could sit down with a buddy and run through "Contra" whenever - it never got old).

    There was also a very big game rental market: the video rental places in my town had a Nintendo section and a Sega section, and you could rent the latest game cartridge the same way you rented movie cartridges (aka VHS tapes). You would rent the cartridge, take it home and play it for the weekend, then bring it back. Again, this wasn't something I did much, but I had friends who did. The rental game market also doesn't work very well if content is hard-locked to the first purchaser.

  153. Intellectual Property Taxes by DeadCatX2 · · Score: 1

    I say if they want to play these kinds of games with us, then why don't we start charging them property taxes for their IP? Sell it as a deficit reduction mechanism.

    As a bonus, whenever a product would reach the point where it would be abandoned by the IP owner, they could relieve themselves of the IP tax by releasing their IP into the public domain.

    --
    :(){ :|:& };:
  154. Possible Solution by Anonymous Coward · · Score: 0

    Somebody referenced used cars above, which triggered something to me: why don't game companies create used game shops, similar to used car dealerships? If I go to the local Ford car lot, I can buy a new or used car, and the dealership gets my money either way.

    What if (let's use EA for this example) offered me a way to trade in my used games for credit from their online store? I could then buy used EA games from them at a discounted price, and since I'm buying the game from them, they get money and would (hopefully) give me a code to unlock the "extra" content. I get what I want (the same game for a bit less money) and they get what they want (a few bucks on a game that they might not have seen otherwise).

    I'm sure I'm not thinking this through correctly because it seems too easy. Why don't game publishers do this and put Game Stop out of business?

    1. Re:Possible Solution by Opportunist · · Score: 1

      That's a sensible solution everyone could definitely live with, it would probably increase sales (since people would probably more easily spend their trade-in credits than hard cash), it would give them a place to sell their games for a reliably predictable sum and the game makers would actually take the second hand market into their hands.

      But it's so sensible and doable that it has no chance to fly with the game studios. Plus, it doesn't screw over their customer, so... probably not a chance.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  155. Re:Baseball by Anonymous Coward · · Score: 0

    I tried to watch cricket once. I found the moving black screen to be more fascinating than the game being played.

  156. I don't get the outrage by Morose1 · · Score: 1

    I have to admit, I don't see the problem with a company wanting to reward consumers for buying their product via a delivery method where they make money. It's not like the game doesn't work if you buy it used. You can still do that if you need to save that $10 or whatever. Seems like much ado about nothing here to me.

  157. Just don't buy it. by Anonymous Coward · · Score: 0

    Don't buy something that has artificially reduced resale value. Just don't. I wouldn't complain about this practice if the sellers (voluntarily or not) disclosed it FULLY, IN DETAIL, before the sale (on the outside of the box, in large print on the website, etc). I still wouldn't buy it, but I wouldn't complain.

  158. Big Software model? by Lord_Alex · · Score: 1

    It seems that the game industry wants their product to be like the OS industry - or many other BIG software people. Think Cisco (the guys I deal with). You can buy a switch or router and resell the hardware, but the software it runs is licensed and non-transferable.
    I bet the software that runs all kinds of important hardware is on a non-transferable license.
    Does the same not apply (From what I hear, not a MS user - hope I'm TROLL levels of wrong) to Microsoft licensing? Agreed, that is the messiest licensing in the world... But I don't think you can transfer your licenses, for at least some flavors of Windows (enterprise or volume licensing, server vs user, chocolate ultimate vs basic with sprinkles?).

    --
    How much work could a network work if a network could net work?
  159. one anecdote here by BitterAndDrunk · · Score: 1
    I'm in the market for a new game right now. It won't be Amalur, just like it wasn't Anno 2070 (though I really really wanted Anno 2070).

    They want to end-around first sale doctrine, that's fine. I'll just forego their products.

    This is about First Sale Doctrine, not whether or not I'll resell my stuff. I use Steam so it's moot anyhow.

    --
    You better watch out, there may be dogs about . . .
  160. If games were cars by gujo-odori · · Score: 1

    If games were cars and Shilling were a car company CEO, buyers of used cars would find that the factory stereo, nav system, and rear entertainment system would no longer function because they only worked for the original purchaser of the vehicle. Maybe a couple of cylinders would be disabled on the engine, too. And forget about overdrive gears; you'll have a 1:1 top gear, like in the old days.

  161. Parent (anon) is shilling. by Anonymous Coward · · Score: 0

    It's locking a good part of the game out to make it easier to justify this kind of bad practice for the industry.

  162. Don't forget the fuel gauge. by Anonymous Coward · · Score: 0

    If it works for Alfa Romeo...

  163. How about i just not buy your game NEW or Used? by Anonymous Coward · · Score: 0

    I see no reason to buy a game locked this way. it's no longer an investment and just lost money, besides I'm sure there are many unlocked games out there i can spend my money on instead.

  164. Re:Baseball by toriver · · Score: 1

    Maybe that his brain could be fried from steroids, and that explains his outbursts? :)

  165. The Simplest Way to Eliminate Used Games by chicknfood · · Score: 1

    Make the game available through digital download only. Never make a physical copy that can be resold. Sell it on Steam or XBLA or PSN. Profit. Done.

  166. My experience with DLC and DRM by Anonymous Coward · · Score: 0

    I was a good consumer for a little while with this whole new DRM/DLC game. I decided "Oh hey, look at that.. A convenient new way to get my games, without having to go to the store, wait in a line, deal with a dick at the counter, and waste gas money.. Sure, I'll bite." Only problem is, jump 5 years ahead, and now after 3 broken xbox 360 units, and finally going back to xbox 360, i've found that some of these games I've "purchased" (or leased i guess in their realistic view of the terms), are now no longer available to me... Why is that? Oh, I guess on the original xbox that broke, that I threw out, I should have somehow magically started up a broken xbox, magically deactivated the content, and THEN proceeded to reactivate it on my new xbox.. Oops, my mistake.

    Seriously, if they expected ANY of this to work - they can't go around placing limitations on what people LEGITIMATELY PURCHASE as to what they can do with it, and how they can use it, and where for that matter.

    I decided after that little debacle, that I wasn't giving away any more of my money.. Luckily - there's this new trick on xbox called a reset glitch, makes all the DLC free, go figure ;) Free DLC is way better than paid DLC. Especially since some of us had our consoles banned before we even got them (yeah, you get a used console, it's already live banned? Bummer, M$ don't care, suck it up man, shoulda bought it new.).

    I'm sick of this game with DLC and DRM, until it's fair to the consumer again, and we're provided legal TRANSFERRABLE licenses to our products, everything we hand out money for, I'll take it for free and do what I want with it.. Besides the way I see it, microsoft technically owes me almost 500$ worth of DLC, so I can pick and choose what I want, since they technically don't have a clause to cover users dicked over like myself. Hmm.. Guess they should have one. Maybe I woulda had a way to play fair :)

  167. Speaking of digital distribution... by Anonymous Coward · · Score: 0

    What if a company like Steam ever went bankrupt? What would happen to the hundreds if not thousands of dollars some users have spent on there? I have friends on my list that own over 100 games.. That's easily 1000$+.. They're not obligated to send out any physical copies, or provide ANY kind of refund whatsoever if they go bankrupt.. Are we just supposed to put our never ending trust in these companies, that would gladly sell their own grandma's for 50$? when they actually own all the software we've supposedly bought?

    Why has noone forced a law in place, where anyone who provides digital distribution of something, is forced to retain a physical copy in case of inability to provide services or said product, to ensure an end solution of delivery of product to user and consumer of said product.. Because, the way it sits right now, we'd basically be sitting around holding our balls wishing steam was back, if it went down.. With no other realistic options to do a damn thing about it.

  168. Monopolization by vga_init · · Score: 2

    This is quite simply about monopolization. Free market economic systems are purported to offer the lowest prices on goods and services, but the major flaw in free market economies is that they tend to form monopolies. When a monopoly forms, then the price is no longer "fair" because it can be raised and people will still buy it because there is nowhere else to get it.

    This key concept of "you can't get this anywhere else" is what makes intellectual property tick. For example, if I sell a book and other publishers produce copies of that book, the price of the book will be very low on the street because competition between publishers will force it to be near the cost of production (which, for a book, is very little). Copyright comes along and says, hey, only one publisher is allowed to print this book; now that publisher can jack up the price because competition is eliminated, making the publishing business much more profitable. The free market comes up with all kinds of loopholes to resist this; for example people buy the book, read it, then sell it to someone else to try to regain some of the cost; people buy the book used and save some of the expense. Libraries buy books and lend them to people willing to wait. This effectively reduces demand for the production of the book and very (smartly) economically ensures the best use of the product with the fewest wasted resources.

    Publishers, like in this case, are eyeing the used market covetously, because they only see "sales" out of context and think, "those sales must be mine." It's greed, pure and simple, and it hurts the economy/society, frankly. They want to make it so "you only buy this from me" so they can squeeze more money out of the economy. Granted, video games are not that important to society to worry if the market is being monopolized or not, but imagine if this happened with more important products? School textbook publishers try to accomplish this by frequently revising their texts and bribing schools/teachers to keep changing to the newest edition so that the older editions (used books) reduce their value or become worthless. You want to know who is worthless? Textbook publishers.

  169. Don't quite see the problem by Anonymous Coward · · Score: 0

    OK this is content that is NOT on the disk, it is DLC, if they choose to give a bunch of DLC to the people who buy the game, I don't see the issue there. For those of us who are supporting the developer buy buying in the primary market, this is a reward...not a penalty for those who are buying used games for 8 dollars less.

    If you want the extra content...buy the DLC after you buy the used game...If you get it for 12 dollars in some bargain bin in 6 months, or on ebay...then seriously...stop complaining you still got a bargain, or don't buy the game, there are plenty of people who purchase on the primary market in order to support the studios directly, hell if I could buy games right from them I would as opposed to going through a third party distributor like gamestop/amazon/best buy. Who do you want to get your money? The people making the content you are enjoying, or the 12 middlemen it took to get the product to you?

  170. Gaming industry needs to just get over it! by bikerdudenc · · Score: 1

    I'm tired of hearing the gaming industry continuing to whine how much money they are loosing to used games. Do artists (or their estates) get residuals whenever one of their pieces are resold? No! The same thing for musicians, they get nothing for the resale of used CDs. So my advice to the gaming industry is just get over it, suck it up, and let it go!

  171. Yes, it's wrong by Anonymous Coward · · Score: 0

    It is wrong. My blender does not automatically shut off its highest mixing settings when I sell it to someone else. The blender works exactly as it did when I bought it. My shit is my shit. I payed for it, I will do with it as I please within the boundaries of the law. The manufacturer of the printer I bought from Goodwill last week didn't come knocking after I purchased it, they didn't ask for more money. WTF can make someone think this is okay. I guess people will justify anything if they can get more money.

  172. How many other industries let you sell something.. by Douglas+Goodall · · Score: 1

    "How many other industries let you sell something, and then still keep all rights to it?" Well Microsoft for one has made a mountain of money selling windows. Windows is an amazing money maker in that there is no economy of scale. The CD that costs 25 cents to manufacture still gets sold for hundreds of dollars. It often makes me wonder how you can buy an eMachine with Windows on it for a few dollars more than Windows costs. But specifically, Microsoft doesn't believe you own it, or can resell it. And rather than recycle the machine by giving it to a student or something when you buy your next machine, they would rather it went into the landfill, with all the other gallium arsenide. In the old days, you used to be able to contact the software manufacturer and for a small fee, re-register a product when transferred to a new owner.

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  174. Same old Same old by Anonymous Coward · · Score: 0

    What it boils down to is this. The games industry has gone down this road before in a few forms (remember having to type in codes from manuals) and found that no one wanted it. They are making the exact same mistakes as they have made in the past because they have forgotten. You make more money with a drm free game than you do with a drm game because people will fight you on it for principle alone. This was true in the past and the proliferation of the internet has just magnified it to an unlimited degree. I do not blame developers as I am one also but they are are forgetting the lessons that have been learned in the past which is not wise. They should not be upset or surprised when it does not work out for them.