EA Hit By Class-Action Suit Over Spore DRM

[wraggster]

The ever-growing unrest caused by the DRM involved with EA's launch of Spore came to a head on Monday. A woman named Melissa Thomas filed a class-action lawsuit against EA for their inclusion of the SecuROM copy-protection software with Spore. This comes after protests of the game's DRM ranged from a bombardment of poor Amazon reviews to in-game designs decrying EA and its policies. Some of those policies were eased, but EA has also threatened to ban players for even discussing SecuROM on their forums. The court documents (PDF) allege:
"What purchasers are not told is that, included in the purchase, installation, and operation of Spore is a second, undisclosed program. The name of the second program is SecuROM ... Consumers are given no control, rights, or options over SecuROM. ... Electronic Arts intentionally did not disclose to any such purchasers that the Spore game disk also possessed a second, hidden program which secretly installed to the command and control center of the computer."

http://games.slashdot.org/article.pl?sid=08/09/24/1939256

[jamotto]

This will probably go nowhere.

[carlitx]

This will probably go nowhere.
Probably. But hopefully not though, i hope this gets EA f*cked over.

[gutbub]

Wow, I hope EA takes the money they would lose from paying their lawyers, and instead hires somebody to get rid of these dumbasses. EA didn't force you to buy Spore, nor did therefore they didn't force you to install anything.

[carlitx]

The fact that they have bull crap that is installed on your PC with out you knowing should be punishable by law, or something. In Canada(where i live), there is a new bill that could be made law, and it basically makes every kid a felon, cause if it is passed if someone asks you if they can listen to you music player and you let them, you can be arrested.

Also lets use this scenario:

You buy a new PC game, you waited forever and ever and you install it. But what you do not know it has a trogen or spy ware on it the software developer thought was funny, or they just want to screw you over. But OH NO! the bill has become law! therefore it is now illegal to remove the virus/ spy ware off your PC! And you are now forced to have all your personal info leaked!

This kind of stuff like SecuROM that game companies pull is absolute bull flop. even with Microsoft silver light, which is free to download and use, has DRM, that sends out info about your computer to the companies.

So gutbub the CPU Scientist, are you saying that people who own computers should have rights stripped from them? to not be allowed privacy b/c corporations want to spy on you and possibley attain all your confidential stuff, like banking information, and other personal info you keep on your PC?

here is aforementioned bill: http://www2.parl.gc.ca/HousePublications/Publication.aspx?Docid=3570473&file=4

They do force you to install this kind of intrusive software if you want to play their games and applications, which is wrong! I doubt this person will go far, seeing as how EA is a big corporate jack-ass, but i hope it proves a point that we as gamers as a community will not stand for this shit!

[gutbub]

But Secure ROM isn't a hidden install. It specifically asks whether or not you wish to continue the install once it tells you that you must install Secure ROM to use whatever software you're installing. If you're so unwilling to install it, than you obviously didn't want said software as much as you thought.

Also thanks for noticing my name, but I'm a Computer Scientist, not a Central Processing Unit Scientist.

Just had to be an ass somehow, lol.

[carlitx]

But Secure ROM isn't a hidden install. It specifically asks whether or not you wish to continue the install once it tells you that you must install Secure ROM to use whatever software you're installing. If you're so unwilling to install it, than you obviously didn't want said software as much as you thought.

Also thanks for noticing my name, but I'm a Computer Scientist, not a Central Processing Unit Scientist.

Just had to be an ass somehow, lol.

i don't care if i got the term wrong or not, but by the time you see the installation screen it is to late to say, "Oh well i don't want this crap on my PC, may as well return it" because guess what you cannot do that with a PC game? that's right 9 chances out of 10 you cannot return it due to the CD key. And most stores will not accept a refund for your game. In other countries the crap EA and other corporations are doing is illegal, unless it is written on the box so you can read it before you purchase. Just face the fact that this crap is wrong, for now on I WILL NOT be purchasing any games with this installation limitation (haha it rhymed) crap on them, nor will i buy anything that leaks my personal information (not that i am up to no good, it is the point of the matter). Right now the only companies i do not have a problem with is Stardock and the others like Games for windows, that follow them and their Gamers Bill of Rights.


via: http://www.1up.com/do/newsStory?cId=3170131

(Commenter)

Pryderi Smells like malware
Author: Pryderi, 09/26/2008

With the possible exception of intent, SecuROM looks just like a rootkit. It installs itself at ring 0, doesn't come with an uninstaller, and actively interferes with attempts to uninstall it. Going after this with the same laws that target malware is the right thing to do. Software like this represents an unnecessary security risk; the SecuROM implementation could be cracked and act as a backdoor to your computer. Software that is designed to implement computer security (antivirus and so forth) has a legitimate need for this kind of computer access, but no other application, and certainly no computer game, does.


and others on the site go along with the same argument as me and the guy quoted above.

[quzar]

i don't care if i got the term wrong or not, but by the time you see the installation screen it is to late to say, "Oh well i don't want this crap on my PC, may as well return it" because guess what you cannot do that with a PC game? that's right 9 chances out of 10 you cannot return it due to the CD key. And most stores will not accept a refund for your game.

Actually, I've tried it before and was able to return software by saying that I did not agree with the EULA. If the retailler doesn't let you, you can call up the publisher about it.

A few years ago people started doing this with bundled XP copies on Dell machines, and were given refunds for what was referred to as "the Windows tax". Before that it was rare, but happened at least once with a Windows 95 user through Toshiba.

It is customary for EULAs to contain provisions for not agreeing with them, an being given a refund if so.

The reason is because you don't actually buy the software from the publisher, you buy a box, manual, and the right to license their software from them. In more general terms when you use the software, you are agreeing to a set of terms for it's use. If you disagree, you don't have to use it, and can get a refund.

I don't know why people get all in a fuss about rights, it not the sort of thing that applies here. Of course, I'm not saying the system is right, it's crap, but it doesn't take away any sort of rights you already had nor are they doing anything that many other sort of IP publishers havn't been doing for a long time. Try looking at the first pages of a book, most publishers have an outline of terms of use often including something along the lines of not allowing the user to resell the book with a different cover or binding.

[carlitx]

it's funny how ignorant people are of facts these days....

[skynes]

I dislike the idea of DRM. Always have.

A piece of software that monitors my computer? Limited installs on a game?

I have PC games over a decade old that I still play. Dungeon Keeper being one of them. Limiting installs kills replayability.

This, to be honest, reminds me of a few years ago when Sony allowed limited copies on their music CDs and installed software when you ran the disc. Software that was virtually impossible to remove.

Here's a Wiki link (http://en.wikipedia.org/wiki/2005_Sony_BMG_CD_copy_protection_scandal#Rootkit_r emoval_program) if anyone's interested in that fiasco.

I do hope something comes from this case, even if it's just keeping pressure on EA so they don't take this DRM stuff even further.

[quzar]

it's funny how ignorant people are of facts these days....

Of whom exactly were you speaking?

[carlitx]

who do you think huh?