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New Sony Patent Blocks Second-hand Games

silentbrad writes in with a story about a Sony patent that would block the playing of second-hand games. "... the patent application was filed on 9 December 2012 by Sony Computer Entertainment Japan, and will work by linking individual game discs to a user's account without requiring a network connection meaning any future attempt to use this disc on another user's console won't work. The patent explains that games will come with contactless tags that will be read by your console in much the same way as modern bank cards. When a disc is first used, the disc ID and player ID will be stored on the tag. Every time the disc is used in future, the tag will check if the two ID's match up and, if not, then the disc won't work. The document goes on to explain that such a device is part of Sony's ongoing efforts to deter second-hand games sales, and is a far simpler solution than always-on DRM or passwords. It's worth noting that Sony has not confirmed the existence of the device, and the patent doesn't state what machine it will be used in, with later paragraphs also mentioning accessories and peripherals. ... There's also the issue of what happens should your console break and need replacing, or if you have more than one console. Will the games be linked to your PSN account, meaning they can still be used, or the console, meaning an entire new library of titles would need to be purchased?"

69 of 344 comments (clear)

  1. Sony shiting on its customers by Anonymous Coward · · Score: 5, Informative

    ...customers do not (want to) know it and continue buying from these assholes.

    Well, have a very nice fuck you year Sony.

    1. Re:Sony shiting on its customers by Lonewolf666 · · Score: 5, Informative

      Indeed. Sony is one of currently three companies I would not buy any digital equipment or software from (the other two are Apple and Activision Blizzard).

      The rootkit on audio CDs and the deletion of Linux support from the PS3 are not forgotten. The patent in the article is only proof the thinking at Sony hasn't changed, it is not a new trend.

      --
      C - the footgun of programming languages
    2. Re:Sony shiting on its customers by crazyjj · · Score: 3, Funny

      Sony shiting on its customers

      Film at eleven?

      --
      What political party do you join when you don't like Bible-thumpers *or* hippies?
    3. Re:Sony shiting on its customers by Pieroxy · · Score: 4, Interesting

      The worst of all is that once you've blown your console to bits and you buy another one, you have to buy all your games all over again. As always, this will hurt regular users and encourage piracy for people in this situation will feel entitled (rightly so IMO) to crack their console in order to play their already purchased games. And from that point on they will download torrentz instead of buying because they will hold a (legitimate IMO) grudge against SONY and their console is already cracked.

      Apparently, shooting themselves in the foot feels good for them since they do it over and over again.

    4. Re:Sony shiting on its customers by h4rr4r · · Score: 3, Insightful

      While I hate this concept, I don't think it has that failing. Since it uses a user account instead of a console id adding the user account to the new console should allow replacing units.

    5. Re:Sony shiting on its customers by Anonymous Coward · · Score: 4, Insightful

      While I hate this concept, I don't think it has that failing. Since it uses a user account instead of a console id adding the user account to the new console should allow replacing units.

      So when Sony decides to ban your account for <something they deem ban worthy (whether it is or not)> you also lose all your games. I bet their EULA will also contain "... by reading this line of text you forfeit your right to sue us as well as grant us the right to use your account in any manner which we see fit, including (but not limited to) claiming (on your behalf) that you did violate our terms and are very remorsefulness ...".

      They will also need to pass the cost of this "feature" on to the consumer via the game console as well as a charge per game.

    6. Re:Sony shiting on its customers by Anonymous Coward · · Score: 5, Insightful

      Since it uses a user account instead of a console id adding the user account to the new console should allow replacing units.

      And if your household has more than one account? You know, if kids and parents each have their own accounts? Only one of the accounts can play the game even if it's played on the same console.

      This is their dream of limiting content to a specific individual. Want that song to play in your car and your home? You'll need to buy more than one copy. Both of you like having it on your MP3 player? We don't care if it is a household or if you're married, you each need to buy a copy (even if the government sees all purchases made by you to belong to both).

    7. Re:Sony shiting on its customers by CrankyFool · · Score: 2

      And if your household has more than one account? You know, if kids and parents each have their own accounts? Only one of the accounts can play the game even if it's played on the same console.

      Not necessarily. Multiple accounts can be logged into the PS3 simultaneously -- it would be trivial, once a game disc is associated with an account, to check not whether that's the currently active account, but whether it's an account defined on the particular PS3 at all.

      (Not that this isn't a terribly obnoxious idea, of course)

    8. Re:Sony shiting on its customers by zakkudo · · Score: 2

      Indeed. Sony is one of currently three companies I would not buy any digital equipment or software from (the other two are Apple and Activision Blizzard).

      The rootkit on audio CDs and the deletion of Linux support from the PS3 are not forgotten. The patent in the article is only proof the thinking at Sony hasn't changed, it is not a new trend.

      Don't forget about the import company, Lik Sang. http://en.wikipedia.org/wiki/Lik_Sang. Sony destroying them basically removed my last reason to game. I don't necessarily want to play all of my games in English.

      I dont' find working around the beauracrasy of gaming 'fun' anymore. That is why I mostly don't really play video games anymore.

    9. Re:Sony shiting on its customers by Spaseboy · · Score: 4, Informative

      Believe me, I had this problem. My PS+ sub renewed with an out-of-date credit card and 3 months later I am told I don't have access to PSN. No email, no reason, just call Sony. They want me to send a cashier's check, by postage mail, to them for the amount then they will "consider" unbanning my account. I can't pay it electronically where I can be sure they receive the amount and there is no guarantee they will unban my account after they receive payment.

      I sold my PS3 the next day and I'm trying to sell my PSV.

      --
      "I don't want more choice, I just want nicer things!"
      -Jennifer Saunders as Edina Monsoon
    10. Re:Sony shiting on its customers by kelemvor4 · · Score: 3, Informative

      So the Smiths get the new Medal of Duty 2012.

      Okay.

      Now Little Billy goes to his friends house for the weekend with the game to play it.

      It won't work at his friends house unless he also brings the whole console

      The next weekend Little Bobby goes to his friends house.

      and the disc still doesn't work at his friend's house

      The next weekend, Mr Smith brings it to a party.

      ...and Mr. Smith finds the game doesn't work at the party.

      Who gets to play it where?

      It sounds to me like the idea is that it would only be playable in the first system. I'm not saying I agree with it but it doesn't seem all that complicated to me.

  2. As usual... by Puls4r · · Score: 5, Insightful

    All these DRM schemes are future-failures. More specifically, at some point in the future, you will be denied the game you purchased because of the DRM. Get a new console? Now you have to (somehow) reset your card so you can run it on the new console. Want to take it to a friends house? Pack up your console! Company goes out of business, or stops supporting it because it's obsolete? Say goodbye. In the future, old games won't be worth more because of rarity. They'll be worth more if you still have some way to make them work after their DRM scheme fails. Of course, it will be cracked. Quickly. Which is a GOOD thing.

    1. Re:As usual... by Anonymous Coward · · Score: 5, Interesting

      Or you wind up like this guy:
      http://arstechnica.com/gaming/2012/11/how-nintendo-drm-trapped-400-of-downloaded-games-on-my-failing-wii/

    2. Re:As usual... by firex726 · · Score: 4, Insightful

      A shame since I often find myself going back and playing older games from 10+ years ago.
      Many times the companies who made them are long since gone.

      I guess "Retro Gaming" is going to be redefined as playing last years Madden or CoD.

    3. Re:As usual... by zeidrich · · Score: 2

      No, it just means in 10 years Retro gaming will be playing older games from 20+ years ago.

  3. Obvious Solution by Anonymous Coward · · Score: 5, Informative

    Just don't buy anything by Sony.

    1. Re:Obvious Solution by SomePgmr · · Score: 2

      Resale might be dying either way since physical media is becoming passe, but what I see a lot more of is small developers publishing reasonably priced (sub-$60) games, often without horrible DRM.

      You do have plenty of options that don't include this kind of bullshit.

    2. Re:Obvious Solution by MickyTheIdiot · · Score: 5, Informative

      Actually, yes, it is possible. In the e-book market there are books that are now prominently promoting the fact that they are DRM free as a selling point.

      If this occurs in the tight assed corporate game market it will take a while, as the customers are more oblivious... but wait until Joe Sixpack from Alabama gets bit by this a few times and you'll see the Ric Romeros of the world start to pick up on it.

    3. Re:Obvious Solution by AlabamaCajun · · Score: 3, Insightful

      We did it before with their DRM DVDs and it stung them. Is Sony prepared to get kicked in the pecans again? Because of the DRM scandle, I still don't own any blue ray have gotten rid of Apple products and am dumping Microsoft this year. I also already dumped Verizon and paid out 15 months of contract just to get away from that fray (but I'll save more in that time). Humankind is in a state of rot with all the corporate takeover of people. Corporations now hold higher priority over life itself. Once lawyers coined the phrase "corporate entity" humans became second fiddle to the game of life. Bailouts, rights to discovery and intellect and disaster recovery all go to corporations before it goes to people. #OWS is a good example of this happening today. What was once a solid is now a liquid. In reality we only rent what we use as we can't take it with us when we go. Now we can't even pass it on.

    4. Re:Obvious Solution by PopeRatzo · · Score: 4, Insightful

      You think their competitors will do something different?

      If people stop buying Sony, you bet your ass their competitors will start doing something different.

      I think the days when people start shopping more strategically are coming. When consumers discover the power of their choices, you will see a lot of things change real quickly. For the better. In a lot of areas of our lives.

      Shop mindfully, I say. Even if you don't do anything differently, at least be aware of the ramifications of the choices you make as a consumer.

      --
      You are welcome on my lawn.
    5. Re:Obvious Solution by Barefoot+Monkey · · Score: 2

      Yes, unless they're willing to license Sony's new patent.

    6. Re:Obvious Solution by amiga3D · · Score: 2

      I bought a book from Amazon then found I couldn't read it on my Nokia N800 using fbreader. I googled until I found how to break the DRM then read the book but after thinking about it a while I decided not to buy any more of them as it just pissed me off. I then fired up PAN on my computer and visited alt.binaries.e-book on usenet and went to town. I now have a digital copy of almost every physical book I owned. I took 20 large boxes of books to the local friends of the library group and freed up a lot of storage space. I found that www.baen.com sold drm free e-books and I started buying from them as well. I have almost every book I own in .epub format on a micro SD card on my Samsung Galaxy media player 5. So damn nice and I don't need no stinkin' DRM either. I'm through paying people money for crippled shit. If I didn't feel sorry for the authors I could pirate any book I want. It's not for those fuckers at Amazon's sake that I don't.

    7. Re:Obvious Solution by amiga3D · · Score: 2

      In my house the year of the Linux desktop and the end of Sony happened years ago. What are you waiting for?

    8. Re:Obvious Solution by PopeRatzo · · Score: 2

      In my house the year of the Linux desktop and the end of Sony happened years ago.

      I like the way you think.

      If you want things to change, then use the power you have: the power to change yourself and the way you do things.

      --
      You are welcome on my lawn.
  4. Good thing they patent it by Anonymous Coward · · Score: 3, Funny

    because then I just need to continue to avoid SONY and it won't affect me.

  5. Remember Steam by Dot.Com.CEO · · Score: 2, Interesting

    So basically Sony want to do pretty much what Steam already does on the PC and people are saying "it doesn't work". Well guess what. It *does* work and chances are you're already using a service where you simply cannot resell games. As for the rest of the arguments, I heard them before. In 2003, when Steam went online. The world, amazingly did not end.

    --
    Mother is the best bet and don't let Satan draw you too fast.
    1. Re:Remember Steam by Shinmera · · Score: 3, Insightful

      Except that Steam games are also available hacked, so it does not work. The reason why Steam works is because it makes actually buying the games attractive and it often has extremely good deals with sales months and so on.

    2. Re:Remember Steam by Lonewolf666 · · Score: 2

      Some of us are aware of that and adjust our purchasing habits accordingly.
      In the case of Steam, I simply won't pay full price anymore for Steam games. I will pay maybe a quarter of the original retail price though. At that point, I'm willing to take the risk that Valve kills my account at some point.

      --
      C - the footgun of programming languages
    3. Re:Remember Steam by lorenlal · · Score: 2

      There is an expectation when you have physical media. If you pay full retail for something, and you can hold the installation (or game media), you should be able to sell it. There may or may not be any laws that reinforce that expectation, I have no idea... But this is why activation schemes, media encryption, and all other sorts of DRM are heavily frowned upon.

      It's not a matter of typing it to you, it's a matter of tying it to you and then giving you no way to protect that. You still need the disc to play the game, even if you copy the thing to the local storage. If something happens to that disc, you're SOL. With that risk, why shouldn't you be able to resell the game? You lose the ability to play it, but you gain value in no longer having to protect it.

      Steam gives you no physical media, they merely attach the game to your account and you can install it anywhere you are, and play. They adopted a model where there is no expectation of resell, but the good side is that it doesn't take up any desk or cabinet space either. You also don't have to keep fragile media scratch free. The fact that they discount often doesn't hurt either.

    4. Re:Remember Steam by Vanderhoth · · Score: 5, Insightful

      Also with Steam, I'm not locked to a specific machine. I can load my steam account on my Wife's PC or my Brothers laptop or one of my three other computers. Sony wants to lock the disk to a specific machine, which are normally not very portable.

      Of course I already avoid all Sony products including any subsidiaries I know about.

    5. Re:Remember Steam by Anonymous Coward · · Score: 3, Interesting

      Though it was a recent legal battle, in at least in one European country Steam has to allow resale of purchases. Don't know when it is coming into effect or if it will proliferate to other regions, but it is a battle fought and lost by them.

    6. Re:Remember Steam by Vanderhoth · · Score: 2

      My point was under the proposed system Sony would be selling physical media, but handicapping it. Typically one of the advantages of physical media is I can loan it out or trade it, which would not longer be possible. I wouldn't even be able to play the game on a new console if my old one broke down. While on Steam, I CAN load my steam account on any machine and play a game from my account.

      If I was paying $60 a pop for games on steam then I would expect to resell, but I'm not so that doesn't matter to me. I buy steam games so cheap I don't care about reselling them. If my account was lost and I lost all my games I might be peeved since I have quite a few and over time I've spent quite a bit, but typically if it's a game I really like I buy a physical copy so I can keep it in the event that Steam was to shutdown or my account was to be deleted.

    7. Re:Remember Steam by DaveGod · · Score: 2

      This is not doing "pretty much what Steam already does on the PC". The only thing they have in common is that games bought with it cannot be sold second-hand.

    8. Re:Remember Steam by Dcnjoe60 · · Score: 2

      Huh?

      Assuming the CD key is with the materials where is the problem with it?

      I have several PC games I got that way and they work fine. I guess if you have to register with steam or something that might break it.

      Because Sony's patent isn't about the user having to enter a key, but the console somehow modifying the disk so that the disk and console are linked and the game will only play on that specific console. Basically, once the game has been installed, it can never be installed on another console again, thereby killing off the second hand game market.

      Assuming the patent is valid, it will be interesting to see what the courts have to say about the legality of using it.

    9. Re:Remember Steam by Vanderhoth · · Score: 3, Interesting

      I've been around long enough to know:
      #1 - when it boils down to making money it has been repeatedly observed Sony will lie, cheat, steal. The conclusion it will be tied to a machine is a more likely scenario IMHO. If we do nothing now, then we really can't complain later if the worst case does happen and if nothing comes of it then no harm was done by collectively saying "We don't want this"
      #2 - being complacent and saying nothing usually results in the worst situation. If Sony does it and gets away with it, others will too. The most resent situation I can think of is the no class actions in a TOS agreement. We're all sure if challenged it won't stand up, but it didn't stop Microsoft and then many others from following suite.
      #3 - The squeaky wheel gets the grease. Voicing disperser over potential situations may result in a company rethinking a particularly smiley decision. I can't count how many times where the public response to a companies "we're going to" situation turned it into a "We'd never think of" situation.
      #4 - waiting until a situation occurs to complain results in very little if anything being done. Often companies will at that point will take an even stronger stance to try and convince their shareholders they made the right decision, backtracking on a decision after action has been taken makes them look weak and loses money.

    10. Re:Remember Steam by Issarlk · · Score: 2

      Then you head to the Pirate Bay and rightfully download the game you lost, without an hint of guilt.

    11. Re:Remember Steam by Spottywot · · Score: 2

      I've not heard of this before, nor does Google give me any results: Where are your sources? Why are people modding you 'Informative' when no sources have been supplied?

      Here you go. http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202561924057&EU_Court_OKs_Resale_of_Downloaded_Licensed_Software&slreturn=20130004105755

      --
      In a cybernetic fit of rage she pissed off to another age...
    12. Re:Remember Steam by Wookact · · Score: 2

      Log in on the one computer, go offline mode. Go log onto second computer. You play Civ 5, and the young un plays torchlight on the offline mode one. I am assuming this is for a family member or other resident of the house of course.

    13. Re:Remember Steam by amiga3D · · Score: 2

      Which proves that DRM sucks no matter the form.

    14. Re:Remember Steam by Wookact · · Score: 3, Informative

      Well because there are a number of benefits to steam's method.

      I can play my games offline.
      I can play my games on ANY pc,
      I get my games dirt cheap during sales. usually for 50-75% off retail. ( I have not paid more then 30 dollars for any game in years now, and I own all of the big titles that I want.)
      I do not have to keep track of the media.
      I do not have to keep track of CD keys.
      They allow me to backup the games.
      I do not have to have a cd in the drive while I am playing.

      So I do not have a method to resell my games. I never sold games before Steam, in fact I usually just lost one of 5 cds or the cd key. In fact my games from before steam are mostly unplayable due to either a damged/missing disc or a missing CD key code.
      That is why I use steam. They give me a fair bit in return for loosing the ability to sell the game. If you want to bag on DRM/Online distributing, you should take a look at games for windows live. If anyone deserves ridicule they do.

    15. Re:Remember Steam by N!k0N · · Score: 2

      Where in Steam's Linux page do you see "GNU/Linux"? *Thankfully* they speak about Linux.

      Brief Google search shows that "GNU/Linux" is the preferred term according to the FSF, whereas "Linux" just happens to be more commonly used/recognized. So, perhaps GGP poster is a FSF member/supporter/etc?

  6. Patents work for once! by Cryacin · · Score: 5, Informative

    So the competition will be less tempted to steal their IP, and I as well as surely many others can take their business to them!

    Officially, screw you Sony. I will never, ever, over my dead body buy another product from you, or an affiliated company.

    And to their patent lawyers, please, I beg you - Make the patent watertight.

    --
    Science advances one funeral at a time- Max Planck
    1. Re:Patents work for once! by usuallylost · · Score: 2

      I have been avoiding Sony products for at least the last ten years. They are just to prone to putting some poison pill into their stuff that benefits them and screws their customers. Filing patents like this just convinces me that I have been correct in doing so.

  7. It's Sony... by TractorBarry · · Score: 2

    It's Sony. It's stupid. Why does anybody still buy their crap ? Why does anybody buy any sort of crap like this ?

    --
    Sky subscribers are morons. They pay to be advertised at !
  8. Simple 1 step solution by Terry95 · · Score: 5, Insightful

    There is a really simple solution to this. DO NOT BUY ANYTHING FROM SONY. Complain to magazines and web sites that review their stuff. If they ignore you then boycott that site / mag too. DONE. Don't bitch and whine about it. Don't wave your arms and scream it's unconstitutional while you stand in line to fork over $75.00 for the latest repackage of the same game you've already played 50 times. Just Freaking walk away! People really fail to grasp this. Don't bother to pirate their stuff. Sure this can be broken - but why? Treat them like they don't exist. Honest you WILL live without Sony. But Sony will NOT live without customers. Then if this actually matters to enough people Sony will become a responsible corporation and behave in polite society. If not then you will have taken the moral high ground anyway, and probably given your money to a responsible studio that doesn't treat its paying customers as mortal enemies. Had you rather be on the side of good - or play Killzone 15? Free choice. It cuts both ways.

    1. Re:Simple 1 step solution by Cryacin · · Score: 2

      I bought Sins of a Solar Empire purely because it didn't have any DRM. It was cheap, and turned out to be one of the more innovative games I had ever played. Well said, and good advice from the Parent Poster.

      --
      Science advances one funeral at a time- Max Planck
  9. Leave it to Sony by crazyjj · · Score: 4, Funny

    Always behind on technology, but on the cutting edge of evil.

    --
    What political party do you join when you don't like Bible-thumpers *or* hippies?
  10. Is someone forcing by Swampash · · Score: 2

    you to buy Sony toys? No? then STFU AND STOP BUYING THEM.

  11. Dead on arrival? by Kergan · · Score: 2

    This patent seems a bit pointless. The future lies in digital app stores.

  12. Re:Fine, but not the problem they should be tackli by FireFury03 · · Score: 4, Insightful

    The 2nd hand market exists because the price of games are too high.

    Second hand markets will continue to exist, no matter what the price of the new product; so dropping the price of new games isn't going to solve that "problem". I do wonder what effect abolishing the second hand market would have on new games sales though - nievely you might say that new sales will increase because there is nolonger any competition, but that ignores the fact that the customer only has a finite amount of money. Lots of people fund their new purchases (in part) by selling stuff they no longer want, if they can't sell their old stuff they have less money to invest in new stuff. I'd certianly be less inclined to blow £50 on a game if I knew I could never sell it, and similarly less inclined to spend £hundreds on a console if I knew I could never buy any cheap games for it. (But then maybe I'm wrong - I'm not a gamer, I can think of far more fun things to do with my time and money than sit in a darkened room in front of a console for hours on end).

  13. UK statutory rights by gnasher719 · · Score: 2

    A seller (store) is responsible that goods work for a reasonable time. Typically two years for electronic goods. A snag is that after six months, the buyer has to prove that the fault was present at time of purchase (within the first six months, the seller would have to prove that the fault was not present at the time of purchase).

    I'd consider it a very clear fault if a game that I purchased doesn't work after I had to buy a replacement console for a broken one. And since the fault was intentionally built into the game, having to prove the fault was present is no problem. So stores in the UK and elsewhere in Europe will be very, very, very unhappy with this. I'd also consider it a serious fault if I can't sell a game because it doesn't work on the console of a prospective buyer.

  14. Ah, Sony doesn't want to stay in business then by TheSkepticalOptimist · · Score: 3, Insightful

    So, I have seen the light and realize that Sony is a company that will do more harm to itself then good and therefore deserves to be losing the billions it does.

    Sony's gaming division is the only thing Sony has left. They lost in the consumer electronics race for TV's, home audio, mobile audio, eBook readers. I mean the last 20 years of Sony's history has been about failure more then success. However I don't think Sony will create a decent product in the PS4 if this is the direction they are taking by creating consoles that will reject used games and require some kind of network registration to play a new game for the first time.

    Sony should do one of two things, either sell off the hardware to Samsung, or sell off their entertainment divisions to Hollywood. By trying to be both a hardware manufacturer and content provider, Sony has always been at odds between trying to protect their content and creating innovative devices, they are failing to do both now.

    Sony stopped trying to make the best products and instead are only succeeding in becoming the world's best asshole company, which is amazing given that Apple exists,

    --
    I haven't thought of anything clever to put here, but then again most of you haven't either.
  15. Behind on technology? by oneiros27 · · Score: 2

    Where have you been? C'mon... the walkman, trinitron ... minidisc!

    Okay, sure minidisc wasn't popular in the US ... and they tried keeping CRTs around for too long due to trinitron ... but back in the 80s and 90s, Sony was way ahead in technology.

    Even their laptops were considered years ahead in design 'til Apple put out the TiBook.

    So, if you said 'behind on technology for the last 15 years', sure, I could agree ... but *always* behind? no. I mean, they had some of the most advanced rootkits for their time.

    (in the bluray vs. hddvd wars, bluray wouldn't have won over HD-DVD if it hadn't taken payoffs to other companies and selling PS3s at a loss ... I refuse to change over to their crap format that just means that I'm forced to sit through 10 min of commercials every time I put in a disk)

    --
    Build it, and they will come^Hplain.
  16. IANAL by Dcnjoe60 · · Score: 5, Interesting

    IANAL, but I wonder if such a patent, assuming valid, would be legal to use in the US and other jurisdicitons. There is a lot of case law describing consumer sales and what one is allowed to do with what one purchases, including resale of said goods. While Sony might have a legal patent, it might not be legal to impliment it.

    As I said, IANAL, but maybe somebody who is could chime in.

    1. Re:IANAL by AlecC · · Score: 2

      I certainly ANAL, but I can see plenty of weasels round it. You are buying the DVD, but only licensing the software. You have all your consumer rights over the DVD, but just because you can physically transfer the thing you bought, it doesn't mean it has to execute in another machine. The data, as oppose to the physical media, is licensed rather than sold, so you do not have the same rights.

      --
      Consciousness is an illusion caused by an excess of self consciousness.
    2. Re:IANAL by tattood · · Score: 4, Funny

      I certainly ANAL

      TMI, dude. TMI.

      --
      WTB [sig], PST!!!
    3. Re:IANAL by Anonymous Coward · · Score: 2, Funny

      Only on Slashdot can you find "I certainly ANAL" and "weasels" in the same sentence, when discussing consumer rights no less.

    4. Re:IANAL by Dcnjoe60 · · Score: 3, Insightful

      I certainly ANAL, but I can see plenty of weasels round it. You are buying the DVD, but only licensing the software. You have all your consumer rights over the DVD, but just because you can physically transfer the thing you bought, it doesn't mean it has to execute in another machine. The data, as oppose to the physical media, is licensed rather than sold, so you do not have the same rights.

      That has already been tried in numerous jurisdictions and failed. It is also why you pay sales tax on the full retail price of the DVD and not the $1.00 portion attributable to the plastic media. Sony can't have it both ways. Nor do they want that, because, that would mean that if you buy the DVD and licensing the software, you have additional contractual rights besides those from a sale, one of which would be that unless they specify otherwise, they have to maintain it until the license expires. That's not a good business model for most software companies selling consumer products as the terms are indefinite.

  17. Re:The PS3 Is The Top Selling Console In The World by drakaan · · Score: 2

    I'm not sure that's right...where are you getting that from?

    --
    "Murphy was an optimist" - O'Toole's commentary on Murphy's Law
  18. This is only going to bite them on the ass. by Nyder · · Score: 2

    This would not only kill the 2nt hand market, it would kill the rental market. I think Sony will find less people will buy a PS4 (if this as implemented in it) since they can't sell old games, buy used games, or rent games. Sure, the Hardcore PS fans will still buy the PS4 and new games, but only they will.

    Plus if Sony thinks they will go 4 years before they new machine is hacked to play backups, they are in for a rude awakening. My guess is Sony will have a huge target on their back this round.

    And this attitude that Sony has towards it's customers helped me quit playing EQ2 after 6 years. There was NO way I was going to pay them any more money for anything.

    --
    Be seeing you...
  19. About more than just Sony by RogueyWon · · Score: 3, Insightful

    There's a lot of Sony-hate swirling around the comments on this story. Believe me, I can understand that. This isn't exactly the most pro-consumer technology ever to have been patented (though as yet, Sony haven't said they intend to actually use the technology).

    However, I actually see this as symtomatic of a wider problem for the video games industry; very few people are making money from it. Sony makes some pretty thumping losses these days; their gaming division is one of the better performing parts of the company, but it's still a long way from where it was in the last console generation. Nintendo's making some pretty big losses; it had to overturn a long-held hardware-at-a-profit business model to get any kind of installed base for the 3DS, has had to continue to sell at a loss on the Wii-U and faces an uncertain future of the Wii-U doesn't get traction. MS's situation isn't quite so bad, but its stock price has been flat for a decade and if it had the same currency issues that its Japanese competitors face, then its situation might be just as bad as theirs.

    The situation's hardly any better in the land of games development. Big developers like EA struggle to turn a profit despite trying every trick they can think of (day-one DLC, online passes, season passes etc). Their few guaranteed cash-cows like the annualised sports series and modern military shooters are basically the only reason that the more interesting games they put out can continue to appear. Mid-sized shops like THQ which don't have those cash cows are in very unpleasant places indeed. A couple of companies like Zynga and Rovio manage to get-rich-quick on the basis of low-budget titles that strike it lucky with the zeitgeist, but they increasingly look like one-hit wonders. And for every indie studio that produces a hit, there are 99 that produce forgettable garbage before vanishing into obscurity. It's even worse over in Japan, where all but a few of their developers have given up on true global competition, focussing instead on the same domestic kids-and-otaku market that most anime is produced for. Some people are clutching at free-to-play/pay-to-win as a potential solution, but that bubble's already bursting.

    And retail? Here in the UK, our biggest specialised retailer (Game) went into administration during 2012. Sure, it got rescued, but it doesn't seem to be doing particularly well since then either. Its most direct competitor (HMV) looks like it won't survive the next few months.

    Make no mistake, stuff like this latest Sony patent isn't thought up by plutocrats sipping champagne as they lounge on top of a Scrooge McDuck style lake of gold. These are desperate moves to stay afloat in what's become, over the last 3 years or so, a very unfriendly industry.

    People moan about the price of games, but these are, in real terms, substantially lower than they were a couple of decades ago, when development costs were a fraction of what they are today. What I'd actually welcome is a company which is prepared to say: "We won't do any of this evil stuff like anti-resale measures or day-one DLC - but for those games with high development costs, we will accordingly charge a higher price than you've gotten used to paying". The prices of Wii-U games are noticably higher than those for the older platforms - but unfortunately, most of them are very thin pickings compared to other games, or are already available on other platforms with a much lower price.

    1. Re:About more than just Sony by jez9999 · · Score: 3, Interesting

      How did stuff like SimCity and Civilization get made in the good old days? I'm guessing they didn't need such an enormous budget. RollerCoaster Tycoon was almost completely programmed by Chris Sawyer. I'd put up with less of their shiny 3d graphics for games that are just fun to play.

    2. Re:About more than just Sony by ultrasawblade · · Score: 2

      That's fine. I'd rather have an industry that can't afford to sustain itself without violating my rights, privacy, and freedom collapse. *Especially* if it is one that is not needed for human survival.

      Movies, music, and video games are entertainment. Entertainment. Nothing more. Something to occupy your time when you have nothing else to do. It's not the end of the world if no one can make money of off any of them.

      Let the industries behind them die if they are unsustainable. I love movies, music, and games, but they can exist outside of a traditional for-profit corporate structure. None of those three things, to be honest, should be an "industry." Yes, there would probably be far less movies, music and games, and patronage models would likely become the best way of an individual or group getting what they want out of entertainment. I don't think that would be a bad thing.

    3. Re:About more than just Sony by Algae_94 · · Score: 2

      This is a fantastic point. Modern games are not so much games as interactive cinema. If they were to focus more on the game play and less on the audio/video production they might be able to make a little more profit.

  20. Re:The PS3 Is The Top Selling Console In The World by omnichad · · Score: 2

    Isn't that just because so many people waited until the price dropped to buy it? The Wii was cheap enough to buy it near launch. Of course I'm not sure if hardware failure prompted more additional sales of PS3 than Wii.

    It's like those movie trailers here in the U.S. that say "The #1 movie in America." Well of course, if you have a $200 million movie budget and $50 million marketing budget you're probably going to be #1 on opening weekend.

  21. Dirty tricks by phorm · · Score: 2

    despite trying every trick they can think of (day-one DLC, online passes, season passes etc).

    Well, I don't know about the rest of the world, but among those I know a lot of the so-call "tricks" you've mentioned are the REASON that we don't buy games these days, or at the very least not day-one releases at full price.

    Maybe it's a surprise, but... people like to own stuff they pay for. Notice that the "so-called" American dream isn't to "rent a nice place", but to own one's house and property (this applies beyond USA of course, but is used as example).
    Beyond that, the money-chasing behaviour actually drives away customers. Always-on DRM is a turn-off for many, many gamers. Even the less hardcore crowd are starting to get pissed off that the newest $70 of "sports game X" really doesn't offer much improvement, but their older copy has suddenly lost the ability to play online with buddies.

    It used to be you could pull up a chair and play with a group of buddies on equal footing (mechanics wise). Now you're stuck with shared-servers full of potty-mouthed teams, having to play for hours to gain "experience" in order to even be competitive. Oh, but wait, you could get "big gun X" without having to play for a few days straight, all you have to do is... pay more money.

    People are tired of it. Yes, some people will still buy the console, but overall this sort of shit, these "tricks" are what drive away customers. Game prices aren't really that different from the old days, however anyone who cared with an old console can still pop in an old Mario cart and play with a bunch of friends, or you can load up an old PC game so long it runs on whatever OS you're running.

    How about if you bought a windows PC that was automatically cut off the internet after 3 years? What if you had to drive your car around a track for 30 hours in order to unlock the stereo (optionally available for $150 extra)?

    Game makers will try everything, but actual innovation or listening to fans seems to be the *LAST* thing they try. That's why kickstarter campaigns are getting some fairly surprising capital, and even a graphically simple game like Minecraft is a sneak-hit.

  22. Here's an idea by gelfling · · Score: 2

    Every day, grab one patent attorney and cut his or her fucking head off and post it on YouTube. Every day. Until their behavior improves.

  23. Fuck them. by waspleg · · Score: 2

    Sony was already on my boycott list with Activision, Apple, and Walmart. But here is a list of their subsidiaries from wikipedia.

  24. Screw Sony by Holi · · Score: 2

    All this will do is hasten the return of PC gaming. Especially with the surprisingly good F2P out there. Look at World of Tanks, (and the beta World of Warplanes, lotta fun there), Then checkout Hawken and MechWarrior Online for a little giant robot battle action (ok not really robots).

    Granted you can spend money on these games but you don't gain any real advantage (besides faster xp and credit accumulation).

    Screw the Consoles and their ridiculous DRM.

    --
    Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.