Great point about console gamers not caring about DRM. You don't see it a lot online, but console game piracy is more common than you think. With a DVD burner, limited technological knowledge, and some time on your hands...Creating pirated console games is not all that complicated =/.
I think DRM isn't stopping piracy one bit. Piracy is actually on the rise right now (I'm doing a whole blog on piracy soon), and you can usually see most new releases out on the torrent sites about a week if not sooner after their release. DRM obviously isn't a huge hurdle for crackers these days, and adding more and more of it on doesn't help.
Something's gotta change, because DRM isn't working and all it's doing is hurting the paying customer.
I think DRM isn't stopping piracy one bit. Piracy is actually on the rise right now (I'm doing a whole blog on piracy soon), and you can usually see most new releases out on the torrent sites about a week if not sooner after their release. DRM obviously isn't a huge hurdle for crackers these days, and adding more and more of it on doesn't help.
Something's gotta change, because DRM isn't working and all it's doing is hurting the paying customer.
That was kind of my point, it does nothing and publishers can't be stupid enough to see that it makes piracy worse. I think they are using the "piracy" excuse to make it look better while they are really trying to limit your consumer rights and ownership.
"DRM is basically a way to limit your rights" - exactly!
It's "digital rights management" and by having some sort of door on the store it allows the developer or publisher to go after pirates (or those that steal code) in court if they choose to do so... because they broke the DRM. DRM allows companies to use the DMCA laws which impose criminal (rather than civil) penalties on those who circumvent DRM.
Whether DRM is effective or not, is beside the point. It's presence gives the owner of the digital work the right to sue under the DMCA law... something they could not do if DRM was not included.
They're really not interested in the masses of people that steal COD:Blops... they're more interested in catching and persecuting those that crack the DRM and post it for free download. Catching and prosecuting that one guy is more of a deterrent. The presence of DRM may also allow for a better civil suit if they decide to go after a particular person for damages. Again, it allows them to use the laws of the DMCA if they have some form of DRM on their product. If they have no DRM and leave the door wide open... they have fewer legal rights as they have not shown any attempt to protect their digital work.
This is a great blog... but you are looking at the issue from the perspective of a gamer, not from a more overall legal perspective.
It's "digital rights management" and by having some sort of door on the store it allows the developer or publisher to go after pirates (or those that steal code) in court if they choose to do so... because they broke the DRM. DRM allows companies to use the DMCA laws which impose criminal (rather than civil) penalties on those who circumvent DRM.
Whether DRM is effective or not, is beside the point. It's presence gives the owner of the digital work the right to sue under the DMCA law... something they could not do if DRM was not included.
They're really not interested in the masses of people that steal COD:Blops... they're more interested in catching and persecuting those that crack the DRM and post it for free download. Catching and prosecuting that one guy is more of a deterrent. The presence of DRM may also allow for a better civil suit if they decide to go after a particular person for damages. Again, it allows them to use the laws of the DMCA if they have some form of DRM on their product. If they have no DRM and leave the door wide open... they have fewer legal rights as they have not shown any attempt to protect their digital work.
This is a great blog... but you are looking at the issue from the perspective of a gamer, not from a more overall legal perspective.
@ Elsa
I'm not familiar with the ins and outs of the process that goes into cracking a game but I can't imagine that it would be infinitely difficult to make it so you do not have to accept the EULA/TOS which would kind of make it not apply. Same with stealing code etc, I'm not sure how it'd apply.
CD Keys and regular copyright protection seemed to be just fine for years... IIRC Ubisoft actually asked people if they wanted off of StarForce (not sure if they mentioned the alternative was SecuRom and if people even knew what the ramifications were).
And maybe that is the case, but what the hell is the point of "always on" authentication? Or authentication of any sort? Limited installs? If they were looking at it from a legal perspective those all seem pointless to me. If they are looking to "show" that they are trying to protect their digital work wouldn't having greater protection in actually hindering cracking be more useful then something like asking paying users to talk to a server?
I'm no lawyer but it seems like with DRM they are showing that they are more interested in individual cases of piracy as opposed to having their games cracked and source code stolen as they are putting money into a system that does nothing to stop them and isn't even designed to do so. :<
I'm not familiar with the ins and outs of the process that goes into cracking a game but I can't imagine that it would be infinitely difficult to make it so you do not have to accept the EULA/TOS which would kind of make it not apply. Same with stealing code etc, I'm not sure how it'd apply.
CD Keys and regular copyright protection seemed to be just fine for years... IIRC Ubisoft actually asked people if they wanted off of StarForce (not sure if they mentioned the alternative was SecuRom and if people even knew what the ramifications were).
And maybe that is the case, but what the hell is the point of "always on" authentication? Or authentication of any sort? Limited installs? If they were looking at it from a legal perspective those all seem pointless to me. If they are looking to "show" that they are trying to protect their digital work wouldn't having greater protection in actually hindering cracking be more useful then something like asking paying users to talk to a server?
I'm no lawyer but it seems like with DRM they are showing that they are more interested in individual cases of piracy as opposed to having their games cracked and source code stolen as they are putting money into a system that does nothing to stop them and isn't even designed to do so. :<
From the standpoint of the PC developers out there, I actually DO think it's about stopping piracy. I also think 99.9% of PC developers are idiots, since they obviously can't see what works and what doesn't. Take Assassin's Creed II, for example -- I bought that game new from retail, but I didn't want to have to be online to play it. I have a file that's about 100KB, and I don't need to be online or authenticate anything anymore. It wasn't hard. Most people would go and download the game illegally for free on top of that, too. DRM doesn't do anything but hurt the legitimate consumers.
Another thing I can't stand, though, is peoples' undying support for Steam. Steam is actually WORSE DRM than most retail games have, yet it's made by Valve, so people treat it as the second coming. With Dead Space 2, the retail version has the online authorization (that can be deauthorized at any time) and a five-machine simultaneous install limit. The Steam version has both of those, plus the client requirement, permanent linking to a single user account, and the requirement of an Internet connection to so much as INSTALL the game. Seriously, which one would you choose?
And look at The Wither 2 -- The retail and GOG versions have NOTHING in terms of DRM, not even an End User License Agreement. WHY would anyone buy it on Steam? For achievements that do nothing?
Another thing I can't stand, though, is peoples' undying support for Steam. Steam is actually WORSE DRM than most retail games have, yet it's made by Valve, so people treat it as the second coming. With Dead Space 2, the retail version has the online authorization (that can be deauthorized at any time) and a five-machine simultaneous install limit. The Steam version has both of those, plus the client requirement, permanent linking to a single user account, and the requirement of an Internet connection to so much as INSTALL the game. Seriously, which one would you choose?
And look at The Wither 2 -- The retail and GOG versions have NOTHING in terms of DRM, not even an End User License Agreement. WHY would anyone buy it on Steam? For achievements that do nothing?
@ Pedro
Actually people hated Steam when it came out, it's DRM, it's bloated (both too resource intensive for what it is and also a terrible UI), and the friends servers go down way to much for whats essentially an IM service. It's basically Itunes for games, just the lesser of evil then the rest and overtime people get over anything.
I don't so most developers putting in DRM, it's the publishers. Developers seem to lament the most decisions regarding putting in DRM.
Actually people hated Steam when it came out, it's DRM, it's bloated (both too resource intensive for what it is and also a terrible UI), and the friends servers go down way to much for whats essentially an IM service. It's basically Itunes for games, just the lesser of evil then the rest and overtime people get over anything.
I don't so most developers putting in DRM, it's the publishers. Developers seem to lament the most decisions regarding putting in DRM.

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