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Daniel Golding
02 Nov, 2008

POTW: The high seas of piracy

PALGN Feature | Have anti-piracy measures gone too far?
It seems that more often that not, in the 2008 gaming environment, piracy is in the news. Be it the news of the latest sting against mega-pirates or complaints that the practice is killing gaming, it's everywhere. More recently, certain publishers have taken to all sorts of measures to prevent piracy, including the often-maligned digital rights management (DRM) of Spore, or Far Cry 2.

This week came the additional news that the new Nintendo DS model, the DSi, has nixed traditional methods of piracy and homebrew for the console. All points combined, we thought it timely to ask our valued readers the question: Have videogame publishers gone too far with anti-piracy measures?

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48 Comments
1 year ago
Pretty obvious result I think. I my opinion the best DRM is no DRM. Reward legitmate purchasers with in box content that's not easily digitally reproduced, Nintendo Japan's Club Nintendo is a good one, same with nice pack-ins such as plush video game characters.
1 year ago
I think the debate misses the main point. DRM is cracked usually within a week of a game shipping. Why do developers even bother, why not spend the money they were going to spend on DRM, on making the game better. (I'm looking at you Spore)
1 year ago
Well obviously piracy is wrong, and all video game publishers are trying to do is stop people from stealing their ****. The way i see it unless they make it full-proof the job isnt done. I admit i do pirate games, but the difference between me and 70%+ of other pirates out there is if I like the product; i will buy it. I tend to think of it as a sample... and I have yet to break that rule.

But not everyone thinks like that... and that doesnt excuse my actions, but it certainly sets a better example. Besides; i like supporting the things i like. Just the other day i downloaded Iron Man - I liked it so much the next day I bought it on Blu-ray. It's not all bad, but profit-piracy is certainly the one to watch out for IMO.
1 year ago
Add me to the the customer should not be punished list.


One of the biggest sellers of all-time was DOOM - why? Because it could be shared. I also note the release of "digital copy" on recent DVD releases. If the film industy can see the light on legal media transfer why is the games industry reacting in the totally opposite direction?
1 year ago
We've been at a point for a long time where if someone can come up with a form of copy protection, someone else is equally able to bypass it. So why bother?

Consoles and some PC games have the bare minimum protection, in that they can (sometimes) tell the difference between a legitimate disc and a copy. But why do we have to go further than that? All it does is make everyone involved have to do more work. That and it usually has a negative effect on the consumer.

On a side note, I'd also like to see more simultaneous worldwide releases at fair prices. Maybe even all games going region-free (Instead of just the PS3, handhelds, and certain Xbox360 games).
1 year ago
Going off on a related tangent is why can't there be one copyright holder for each IP worldwide, it's insanity certain games can't be released here due to different companies holding the copyrights. Recent example is Rockband.
1 year ago
Jedi.Jell wrote
Why do developers even bother, why not spend the money they were going to spend on DRM, on making the game better. (I'm looking at you Spore)
Why bother you say?
They bother, because what the hell is the point of spending money to make the game better if everyone's going to steal it anyway?
Ok, so it's gonna be cracked anyway. but they have every right to try something that might hold out for a while more at least.
When everyone goes out to work tomorrow expecting to not get paid properly, would you be more concerned about getting paid or doing your job better?
1 year ago
I feel their efforts are misguided, I've seen a lot of big name 360 games appear on torrent sites even before release. After seeing so many of them over the last few months the only reason I haven't broke down and downloaded a few is the download size. Current measures only stop small time pirates from making copies and selling them at dodgy markets, they certainly need to change their tactics if they want to stop it increasing. I don't see much PS3 piracy but that's mainly because of the size of bluray, once internet services improve they will likely be all over torrents too.
1 year ago
I think it fails purely because its the honest consumer that suffers and not the pirate. In fact I would go as far as to say that it might even tempt people to piracy just to not have to deal with all that rubbish. Piracy or consoles lol
1 year ago
Unfortunately, this is one of those cases where the wider community is punnished for a smaller group's actions. In a perfect world, everyone would realise that piracy only negatively affects the gaming world and no one would do it. But there's always gonna be piracy.
I'm actually quite amazed how the piracy community is so united. It's just so accessable and people are willing to spend time to write instuctions as well as provide the content. What do they do it for? Popularity and website hits? Why not keep it for themselves alone?
I very much agree with nikack in that freebes with games is a much greater incentive to go out and buy it. We're very much materialistic people, and for some, merely the box, the instructions manual and the disc is as much incentive as they need to buy something. Others have philosophies that "If I can get it for free, why buy it?". Of course, this questions has probably been solved, albeit the answer diluted in the arguement.
The hardest thing you can do is to change someone. So it doesn't matter if you ask or persuade a pirate to stop, they won't listen because they don't think they're wrong. And one of the hardest things to do is admit you're wrong. Unfortunately, the dishonest people will keep on making waves, unknowing they're doing so, until some kind of crisis hits. An example you ask? I reckon the recent financial meltdown is a good one. Again, if you don't know how this happened, it's not worth me explaining here because it will also take up a lot of space. All we can do is list all the facts and points of view, and let the reader decide for themself.
Really, I reckon that Sony and Microsoft had every right to sue Wen Bin Gu for losses and damages. I reckon developers and publishers have every right to complain that their profit margins aren't as high as they otherwise would've been had piracy not delivered the content into a player's hands at no expense. I reckon that if they're willing to fight a losing battle, or make inconveniences to the pirates even if it means making inconveniences to common gamers, whether it be in quality or release date, that it is their decision. The developers and publishers aren't wrong for doing such a thing, but the problem is is that no one agree what is the universal right thing to do.
I'd like to ask a legitimately unbiased question to djrussel: Have you ever considered EB's 7 Day Moneyback guarantee for non-PC games or do you only use this method for PC games?
And to the rest of the community, apart from money being spent on combatting piracy instead of the game and apart from the extended release dates (which we should have come to expect by now), how else are game developers and publishers reactions to piracy hurting the general consumer?
Remember everyone that we are not a communist country. If you can't pay for it or if you won't pay for it, the creator won't let you have it. You may still get it without paying for it, but that's without the creator's consent. We're a capitalist society. Think about it, do you want it so that everyone earns the same as everyone else, no matter what job you do? If you do, remember that the hard working people will conclude that not working will get them the same pay, and the hard working people will stop working hard, and everyone's pay would sink. If you won't pay them the right amount, they won't do what they do to keep society happy. Likewise, if you don't pay game developers and publishers for their work, they'll stop working too. They're creating worlds, stories, characters, friends, experiences, atmospheres, memories, bliss and bring us together by a common interest, competitively and co-operatively. Who else can do such things better? And to think that they charge so little for such priverledges!
1 year ago
Yes, of course they have.

I've got no problem with publishers and developers combating piracy, but the latest attempts don't offer any protection, just annoyances.

Those willing to pirate still do. Every DRM game is cracked with a day or two of release, sometimes before hand if it is leaked. So, in that case, DRM isn't actually stopping piracy at all.

What it does do is make the installation and game management difficult and frustrating to legitimate owners. Limited activations are stupid, the activation redemptions are unreliable, and phone support to fix these issues often requires a long distance call.

It's stuff like this that leads me to pirating. If, hypothetically, something buggers up and I can no longer install a game because it has run out of 'activations', do you really think I'm going to waste my time ringing up the company to fix it? Screw that. I'll just download the crack in a fraction of the time and play it through that.
1 year ago
This planet seems to be sliding into some weird dimension where arse about face logic seems to be normal now, giving grief to people who you are automatically assuming will pirate your game is just stupid.
It's like throwing every innocent person on earth in jail because they may commit a crime at some stage of their life, to bad the criminals already have the keys.
1 year ago
jaiel_kstyl wrote
Jedi.Jell wrote
Why do developers even bother, why not spend the money they were going to spend on DRM, on making the game better. (I'm looking at you Spore)
Why bother you say?
They bother, because what the hell is the point of spending money to make the game better if everyone's going to steal it anyway?
Ok, so it's gonna be cracked anyway. but they have every right to try something that might hold out for a while more at least.
When everyone goes out to work tomorrow expecting to not get paid properly, would you be more concerned about getting paid or doing your job better?
But they don't hold out, not even for a little while. Spore was cracked before it was released! Crysis Warhead (I think) was cracked within 5 days of release. They're fighting a battle they can't win. Not to mention the gamer backlash that has most likely decreased the revenue from Spore

Piracy will always be there, treating everyday consumers like criminals wont solve the problem of piracy, it will only lose the company sales revenue.
1 year ago
Mush Man wrote
I'm actually quite amazed how the piracy community is so united. It's just so accessable and people are willing to spend time to write instuctions as well as provide the content. What do they do it for? Popularity and website hits? Why not keep it for themselves alone?
Because agree with there phillosophies or not, they're usualy pretty nice people that enjoy helping other people out.
Quote
And to the rest of the community, apart from money being spent on combatting piracy instead of the game and apart from the extended release dates (which we should have come to expect by now), how else are game developers and publishers reactions to piracy hurting the general consumer?
Destroying Home-brew, making installation unessicarily painfull, installing programs on your computer without you knowing.

Quote
Remember everyone that we are not a communist country.
Is there like a Godwins law equivilent for Communisim?
1 year ago
Any publisher that puts out a PC-only has lost my dollar. I just don't game on PC anymore, and DRM is high on my list of reasons.
1 year ago
Snixtor wrote
Any publisher that puts out a PC-only has lost my dollar. I just don't game on PC anymore, and DRM is high on my list of reasons.
Are you saying you only play copied games on console now?
and if not why does DRM bother you?
1 year ago
Benza wrote
Destroying Home-brew
Homebrew is actually illegal anyway. But most people seem to conveniently forget about this.
1 year ago
Emuaust wrote
Are you saying you only play copied games on console now? and if not why does DRM bother you?
I'm saying I only play console games now (and not copied ones). DRM on PC was just a nuisance I didn't need on PC. Steam for example did ridiculous things to me, yeah I fixed the issues with it, but I shouldn't have to, I'm there to play games, not meddle around with my PC config. Some of the other DRM systems did quirky things to my computer too, stability issues, etc.
1 year ago
Emuaust wrote
Snixtor wrote
Any publisher that puts out a PC-only has lost my dollar. I just don't game on PC anymore, and DRM is high on my list of reasons.
Are you saying you only play copied games on console now?
and if not why does DRM bother you?
Because the DRM on a console game is non intrusive.

Pretty simple really.
1 year ago
nikack wrote
Benza wrote
Destroying Home-brew
Homebrew is actually illegal anyway. But most people seem to conveniently forget about this.
Is homebrew actually illegal? or was it some of the content that allowed it to play downloaded games which are. I'm sure I once remember sony saying how they are willing to embrace homebrew on the PS3 front, not sure whether it was in terms of being able to install a second OS but i definitely remember something about embrace and homebrew in there somewhere.

Piracy is something we will have to live with forever, and as mentioned before money could be spent on better things than on DRM such as improved graphics, increase wages, make it turn gold faster.

I think the idea to make a pirate not want to steal is what a person has to get across, or the company at least. But with how easily avaliable it is and easy to access/use (looking at you DS) it's no wonder why it's so popular, besides it's what makes pirate day even more special.
1 year ago
nikack wrote
Homebrew is actually illegal anyway. But most people seem to conveniently forget about this.
As far as I’m aware it is legal, at least in Australia. Mod-chips and homebrew are legal under some law that you have the right to alter any purchased product, or some crap like that. Using mod-chips and/or homebrew for pirating purposes is, understandably, illegal, but the general use of these things is legal.

If I’m wrong someone please correct me.
1 year ago
Jedi.Jell wrote
Crysis Warhead (I think) was cracked within 5 days of release.
Try day 0. I got mine the other day. Activated and whatnot.. but the disc check failed. I ended up having to crack my legal copy of the game.

The question is pointless anyway. The 53 people who have so far voted that publishers just need to protect their IPs are misinformed to the fact that these measures do not work.

Nikack already won the thread by pointing out what needs to be done, offering rewards for legal copies that cannot be reproduced in pirated ones. Instead of diminishing the enjoyment of those with legal copies, they should be treated to a superior gaming experience for forking out their hard earned cash for a legit version of the game.
1 year ago
Although that being said, I know a lot of my friends wouldn't have even bought a DS if they couldn't easily boot roms on it, so they are at least making one sale they wouldn't have by making it homebrew accessable.
1 year ago
The installation of Homebrew is not itself illegal, but the creation is. The only way to create programs for hardware that you've not been supplied an SDK for is by reverse engineering which is breaking patent and copyright laws which is exactly the same piracy. One of hidden revenue streams for hardware companies is through the licensing of SDKs.

So Microsoft, Nintendo, Sony, whoever are well within their rights to stamp out homebrew in addition to piracy as they're really and the same.

In an ideal world these SDKs would be available to everybody who are interested but as far as I know both Nintendo and Sony keep their SDKs under strict control.
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