Ah yes... a "Class Action Lawsuit"... the disgruntled gamer's best friend. I've never read that term so much until I started reading gaming blogs.

As a purchaser of Spore I'd like to put my two cents in and say I want nothing to do with this stupid lawsuit. I've had SecuROM games on my PC for a while now and they've never done anything to my system.

But to those of you wounded by said software - more power to you.

goddessakasha

@rabidkeebler: Agreed. Dev's can use whatever DRM they want, but you MUST give me a way to remove it completely if the install goes bad.

Now this doesn;t change the fact that I will never buy this game because of SecuROM, but that should not stop EA from using it. They just have to provide me a way to kill it if I want too.

axiomatic

Everyone should go buy Stardock's Galactic Civilizations II. It has no copy protection at all, so you can vote with your dollars about what kind of games you want to see on PC...

FightingChance

There was a bunch of yelling and threats of law suits over the Bioshock Securom issue, yet nothing happened out of it. I hope something happens this time so that companies stop using DRM like securom. I'm all for the use of copy protection, but not one so intrusive and limiting as securom.

Lot Krotan

@rabbibert:

In terms of this lawsuit, it isn't about the right to include DRM, but to hide the installation of the program and to not offer (easily) the ability to safely remove it from a computer since this program is a rootkit.

rabidkeebler

@rabbibert: Actually DMRs of this kind became illegal after Sony put them on a bunch of music CDs to keep them from being copied.

I'm all for companies protecting their products, but they need to fine a way to do it that doesn't leave a gapping hole in people's security.

EmeraldDragon

Damn and i accidentally a spore game.. is this bad?

vhd244

@deathbunny:

That wipe the hard drive thing was a misquote by the reporter/blogger. After reading the pdf. the lawsuit states that to completely remove Securom, the need to just wipe the hard drive is a likely scenario.

rabidkeebler

Spore Victims Unit, nice

Struct09

@excel_excel: Ahh, but here in lies the rub. Games are our addiction, and like any addict we may complain about the price, but we will pay it to get our fix. But Spore -- unlike, say, Mass Effect -- has mass appeal. And those not addicted are more likely to cry foul when they feel they are being treated unfairly.

EmeraldDragon

This is just sad. I'd be amazed if EA loses this lawsuit, as far as I can tell they are in the right to slap any kind of DRM on their games. If this is the fallout of doing so, get ready for fewer and fewer devs making big budget pc games. This kind of negative reaction will ensure that. What developer would want to pour millions of dollars and years of work into a game they can't put any kind of protection on, and if they do they'll get sued for it. IMO not a whole lot developers will be motivated to make big pc games because of that.

rabbibert

I hope that this is successful. I preordered Spore and received the game before I knew about the DRM. If I had known prior to my getting the game I would have thought better of the purchase. I'm already one install down having recently 'upgraded' (and I use the term loosely) to Vista. I reinstall my OS more often than I change my underwear so for once I'm rooting for the lawyer.

Kaprikawn

@okenny :) ...building bridges (to hide under): me? :( you mean kill ME? :(

seriously ive read the whole thing, and gotta say its really well done

Silenced

Don't expect anything in terms of a large cash settlement or anything like that, the possibility of a refund (like GTA SA incident) is remote, with the greater likelihood of getting a small check (like $15) and a patch that removes Securom being the more likely result if the lawsuit is settled/won.

rabidkeebler

Wow...

This is a case that may potentially be studied in law schools all over the United States, since there might not be any previous precedents covering the effects of DRM in gaming software.

With some luck, the class-action wins, but there are other questions that have yet to be answered if this wins.

So, I guess I am waiting with baited breath...

Soldier_CLE

Excellent! I'm not much of a PC gamer, but I'm all for anyone fighting against excessively restrictive DRM. Go ahead and fight piracy, but if I've paid $50+ for your game, I better be able to install it 100 times on my 100 different computers if I so desire. I'd sooner pirate the game than pay that kind of money for a glorified rental.

Rhawb

So does this mean if this suit wins, EA has to compensate me because Securom disabled my Sonic DVD burning software?
Come on lawsuit PaPa needs some cash.

Anto103

Go get 'em Himmelfarb! (Heavencolor?)

Ranged360

They don't have to win, they just have to make fighting lawsuits more expensive than removing SecuRom. And since the number of pirates who are deterred by SecuROM and other DRM could be counted on one hand after a wood chipper accident, they have no loss weighed against court costs.

litrock

Hell hath no fury like an Amazon.com reviewer scorned.

Dayvie

Well, maybe it generates enough pressure and media coverage for EA Stock Holders to realize that they are losing money on DRM.
*Fingers crossed*

EloraHRanma

SecuRom has only caused problems for the gamers and the publishers a like who include it in their games.

More to the point, it is worrying to think that third party programmes and code can be installed onto your computer without your knowledge.

Mourn the death of your privacy.

Dappa

Actually I think we should file a class-action lawsuit against all those hard to pronounce names:

"Himmelfarb"? "KamberEdelson"? "Alan"?

Pfft...

Taurus_McGee

yes! fight on plaintiffs!
fight for your... "disgourgement"?

gross.
I think I saw that on cinemax the other night.

BruzeWayne

'completely wipes the harddrive'? What the fuck are they talking about? Securom is annoying enough without distorting what it actually does.

The more extraneous complaints they inject into this, the less likely that the core complaint will be addressed; it's none of their fucking business how many computers I install it on, as long as they're not logging on to the internet multiple times from the same account.

Copyright is completely broken.

deathbunny

I don't think there's much hope of a victory here, but I totally support this guy and I hope EA at least is made to stand up in court and account for itself.

Dragonzigg

Objection!

Vault69

@EmeraldDragon: To be honest I didn't but then again I haven't got Spore yet...so....OBJECTION!

excel_excel

"quotes from Amazon.com reviews"
yikes!

excel_excel

SecuRom is the worst thing that has ever come from Sony. I can't stand the way it embeds itself on my PC and is difficult to erradicate.

homernoy

gogogogogogo~

McFazo

I hope sincerely that this can bring about a change for the better. Something needs to be done about piracy, but harming your legitimate customers isn't the only solution, and it's a far cry from the best.

Heliophage

@Silenced: KILL IT WITH FIRE!!

okenny :) ...building bridges (to hide under)

Nice one. One of the first gaming related lawsuits that has my full support.

Anaralia

Internet Rant =/= Profit

People need to go back and examine he reasons for EULA. I'm sure this won't stop anyone from attempting to make an easy buck.

okenny :) ...building bridges (to hide under)

go mr. lawyer go!

and for the record... i'm a lawyer myself :)

Silenced

Raise you hand if you did not see this coming. Anyone?

EmeraldDragon

About damn time. The industry has really gotten away with murder on what they can dump on your system without your knowledge. And I'm sorry, but this is a lot more constructive than bitching on the internet is.

Rebochan

@mva5580: I think with SecuROM they have a legitimate gripe. I am vehemently opposed to video game piracy, but I can't stand SecuROM. Last year with BioShock it really caused me two full days of issues and I was pulling my hair out.

There was a widespread problem with the online authentication with BioShock SecuROM and it was fuuuucked uuuup. When I purchase a game, I want to play that game when I bring it home. I don't have that much time, so I have gaming penciled into my schedule, so this really pissed me off.

I am a hardcore PC gamer, so please don't flame me for being 'whiny'. These are real issues that need to be resolved.

homernoy

@Dragonzigg:

Thankfully, due to Sony and the CD Rootkit scandal from 2005?, there is now some legal precedent for the consumer in this situation. So all hope is not lost.

rabidkeebler

@okenny :) ...building bridges (to hide under): actually they do have a case, it was very clever that they complain about the fact that the product (spore) installs a hidden piece of software (securom) and -my favorite part- that this hidden software uses YOUR resources (such as ram, internet...) to function, thus, decreases your computers performance and everything goes to hell.

bottom line is, by attacking securom as a hidden, unannounced and therefore unwanted program, they are attacking the stupid DRM EA implemented here.

Silenced

@mva5580:

When the companies only respond when it affects their pocketbook, suing is the only weapon an individual has left against a company who is engaging in bad business practices against their consumer base.

litrock

The American Way:

If you don't like something, sue somebody.

Bunch of whiny bitches. That's all we've turned in to as a society.

mva5580

my pirated version of spore works better than my retail version. that's some lol's.

Derigor

@goddessakasha: See, no here's a person I can respect. You may not agree with others on a topic you have a personal stake in, yet you don't wish to keep others from expressing their concerns.

Too many people today not only want to force you to think or act like they do (by passing a law or whatever), but in addition they are usually speaking on an issue they have no stake in and are completely uniformed or partially informed.

peacefuloutrage

@Silenced: ...but ...but ...you're a lawyer :( I heard that you're kind don't take candy from babies but tie up the parents in litigation until the baby dies of neglect and then you pry the candy from the dead child's clasp. I heard somewhere on the internet... >.>

...

Awesome if you can make sense of it. Do you think they have a case here? Do their claims sound reasonable?

okenny :) ...building bridges (to hide under)

If the limited installation policy is clearly labeled on the outside of the box, then I don't agree with this lawsuit. As the owners of the IP, they have the right to develop DRM.

Of course, I also believe the DMCA is unconstitutional, so we also have the right to crack said DRM.

topaz420

The more coverage the better for the game industry. Death to SecuROM!

cong

@Anto103:
I doubt it but that would be cool

evetssteve

You've got two chances of this seeing the inside of a courtroom. Slim and Fat.

You've also got two hopes of getting anything out of EA if this does reach a courtroom. Bob Hope and no hope the last time I checked, Bob was dead, so there ya go.

ThursdayNext

@FightingChance: That goes for anything Stardock. Don't forget that Sins of the Solar Empire has cracked half a million sales without any DRM short of the classic serial code. And no crap about digital downloads like EA pulls either - you bought the game, it's your for ever, they'll even let you have the full box for all eternity if you're concerned about needing a backup. Wish more developers thought like them.

Rebochan

@Rhawb: What you're saying is that you don't pay for games. Any game you've ever bought, even free ones, likely had some form of copyright associated with it that limits your right to use, modify, distribute, or sell its content, thus making it some form of "glorfied rental". The only ones without this restriction would be some rare open source games or games with a creative commons license.

Some companies have more "enforcement", others rely on the customer doing what they agreed to. It's not that DRM changes that relationship, it only attempts to enforces it to some degree.

ludwigk

@Rebochan:

lol I would say buy Sins of a Solar Empire just because it is one hell of a game, never mind the fact that it has next to no DRM.

rabidkeebler

Isn't it better to sue those who make Securerom ?

DoggySpew

@Fnor: thing is, they dont inform you of those restrictions (nor do they inform you about a hidden program that installs on your computer) so your knowledge is, at best, a partial knowledge.

most amazon.com reviewers said that they wouldnt have bought the thing if they knew about the drm restricitions/securom installation

Silenced

@Struct09:
hahahha yea i was lol funny stuff <3 that show tho.

Maj1nX

...then again most def they will nicely settle this off court, so i wouldnt hold my breath for a patch, good customer service or no more securom/stupid drm implementation

btw i dont own spore or even a gaming class pc :p just sayin'...

Silenced

@litrock: sadly you're right. It's troublesome that the only means of making a company or government listen is to bring up lawsuits but thats the way this country works i guess.

Xtreme_Hindu_Cow

@litrock: How about just, you know, not buying it? Nobody is forcing the consumer to buy spore, and the consumer's response to a product they don't like is to simply not buy it. Lawsuits are only a reasonable option when there is some sort of injury, and "I don't like the restrictions they put on the product I bought with knowledge of those restrictions" is about as far away from an actual injury as you can get.

Fnor

This is poetic. EA is going to start listening instead of throwing it's weight around.

Xtreme_Hindu_Cow

@mva5580:

I would normally agree with you, except that this isn't just an issue of not liking something. This is an issue of full disclosure, or the lack there of.

If you read the pdf. EA isn't being sued because of DRM, but because the used DRM without properly telling the consumer about it, misleading the consumer in the EULA, and not offering a proper removal procedure (or acknowledging the fact that Securom does not uninstall when you remove Spore).

Money seems to be less of an issue with the settlement since only EA is being sued and not all major distributors (IE BestBuy, GameStop, etc). So put this more in the category of "Every consumer gets $15 and a patch that removes Securom while keeping the game functional."

rabidkeebler

I hope this goes beyond Spore and they go after these DRM tactics in general. Spore isn't the only game effected by this. I installed Warhead last week and Vista decided to take a dump on me. I refuse to re-install but it isn't about losing and install it is because I don't want that securom junk on my setup.

alf717

@iamspoo: i know what you mean, however (as most people around here i suppose) i type on a "silly gaming blog" out of fun and just to get a break from work, stress, and shit... of course i do my work stuff using caps and all (even the stuff i write using my blackberry lol), i just find relaxing writing like this sorry if it bothers anyone.

ps english is not my first language so bear with me

Silenced

The "restrictive DRM" issue and the specific DRM software are 2 different things. The DMCA gives them the complete right to add DRM, with very few limitations on how restrictive it can be, and it doesn't sound like this suit is challenging that - its more a complaint that they didn't give enough information on the packaging about how restrictive the DRM they applied is (which I don't *believe* they actually have any obligation to do). Saying that SecuRom damages users' systems doesn't mean they can't use DRM, it just means they may be liable for any damages caused by SecuRom specifically (which, y'know, good luck proving that). I don't really see this suit going anywhere - Amazon reviews are not evidence of anything, and if that's the best they can do its probably just a shyster filing a nuisance suit.

Sarre

Didn't EA already respond to say they would work on slightly modifying the specifics of their DRM, like giving 5 uses instead of 3, as well as some other options? My guess... is that if their lawyer(s) don't find a reason to squash the CAL right off the bat, they will just wait till they release the DRM-Lite version, and then claim they were working on a solution but people jumped the gun.

I dunno... even without the DRM, Spore just isn't that good of a game to me. I dropped 10 on that creature creator a while back, and I knew from there that the full game was just not going to be that engaging. Sacrificing challenge and complexity for the sake of the casual market is just ridiculous for a game that took this long to come out.

ChaoticInfinityX

@DoggySpew:

This isn't suing about DRM. But suing over the fact that EA didn't inform consumers about DRM programs that were in the game. People who have had their computers damaged by Securom may have grounds to seek further appeasement in the class action lawsuit, and it may later on expand to Securom if this is the case.

But the merits of the lawsuit is that EA did something underhanded in not informing customers about the DRM,and installing it secretly.

rabidkeebler

@Silenced: If you want anyone to take you serious as a lawyer you should start using the shift button on your keyboard. What makes a good lawyer is one that pays attention to all the small details.... Using caps is not just a small detail but a very large one.

It doesn't matter that you are typing this on a silly gaming blog because all the small details you come natural for a good lawyer. What I'm saying is that if you are a professorial start typing like one because no one besides your frat buddies wants to read messages that look like they came from a blackberry.

iamspoo

@Fnor: The average person that purchases Spore has no idea what DRM or SecuROM is, so protesting with your wallet is a moot point for the majority. It is a very sneaky thing to do, putting something as malicious as SecuROM on unsuspecting peoples PC's knowing they don't know what it is or what it does.

Think about the specs of the PC's most copies of Spore will be installed on. For the most part these PC's don't have the headroom for too many apps running in the background, especially malicious DRM. In other word SecuROM fucks up their PC.

homernoy

@Fnor: Well, I didn't buy it because I was uninterested and I avoid DRM like the plague. But there were plenty of people who were so exited about the Next Big Game (tm) that they rushed out and bought it full force without realizing what they were buying into.

Especially since Spore claims to be a mass appeal game and trying to explain DRM and whatnot to the average computer user is about as efficient as slicing bread with a toaster.

litrock

@Anto103: "Plaintiff request that this court enters such orders or judgments as may be necessary to restore TO ANY PERSON IN INTEREST ANY MONEY WHICH MAY HAVE BEEN ACQUIRED BY MEANS OF SUCH UNFAIR BUSINESS PRACTICES"

As you (and myself) own Spore, we are a person in interest, as we are part of "the class", our money was taken by means of these unfair business practices, so from what I can tell, yes, we are entitled to compensation if "the class" wins.

Mechalon

At least 100,000$, for irreparable damages. Per user.

lumpi

Where can I sign up to be part of this lawsuit? I am completely sick of this drm BS I don't pirate games. However I have to deal with this crap screwing up my pc, since I installed spore I have been getting random lock ups was stable before I installed it.

Really Really sick of this crap.

redice

Next person I'd sue for this stuff is Transgaming. Even if SPORE didn't have SecuROM for Windows, it would exist on the mac. Their Cider technology has SecuROM so entwined in it that even a StarDock game on Cider would be afflicted.

The Great Aussie Evil

@TheHeartless:

Yay but did Sega state that you could only play the game X amount of times and then the disc would self detruct? If the package stated that the game would limit the amount of installs then no one would be complaining. Well they would be but at least the amount of purchases would have been serverly reduced.

alf717

I would like to think there's a case here, but I doubt it. People do draw comparisons to the Sony Rootkit case, but that software was installed without knowledge or visual feedback, if I'm not mistaken. I assume Spore, like most PC games, had a EULA. Is a mention or explaination of SecureRom buried in there somewhere? If so, then you've agreed to install it and there's nothing the users can do. Sad, but that's the sneaky way these things work.

shufflemoomin

Pathetic. EA and Maxis spend years making this game, and because they have one problem-one protestable, patchable problem-the fans now want some sort of compensation as if they suffered anything but the loss of $50 and tax. I bought Sonic the Hedgehog for 360 thinking it would revitalize the series, and decided it was the single worst piece of stink I'd ever played. I did not sue, SEGA...I traded the game in for the measly credit they gave me, and took away a life lesson about reading reviews first. These people knew about the DRM-the people who didn't know are the casual gamers who wouldn't be bothered by it to begin with! These people are bottom-feeders.

TheHeartless

@iamspoo: !!there's no shift keyyy !!! ..... !!there's no shift key in kotakuuuu!!!

lilaliendog

I wish them every luck.

.digiwalsh

@iamspoo: I find it kind of ironic you are picking on his comment, for such a small thing as capitalization, when your's is ripe with grammatical errors as well. I mean, how are you supposed to be taken seriously when you are lecturing someone about grammar and your's is erred as well? "Do what I say, not what I do?"

Lighten' up, it is a blog. These are comments, they are not that important.

Also, it is "Blackberry"... ;)

Aex

@goddessakasha: Your the lucky one. I like your stance, but you may be a little more pissed if your computer completely seized due a little program being installed onto your machine.

FrigidAir44

Seems to me they could have used a scheme that verifies only when the user chooses to take the game online. So pirates could get away with playing the game offline, but their experience would be severely crippled. Win-win, right?

IleneAntion

I read it but did not see anywhere where it goes into the "hacker" type eletronic tresspass or tampering with you pc w/o you knowing it.

i.e. criminal charges.

yakkowarner

@shufflemoomin:

That's part of the problem. According to the lawsuit the EULA doesn't make mention of it, or attempts to make it look like something else as I understood it.

Besides you can't get a look at the EULA until after purchase, and by that point you can't return it since it is opened.

rabidkeebler

I hate these class action suits...

They will get some press, the lawyer will get his 33% in cash, and everyone else will get a $20 off coupon for the game of their choice at the EA Store--a game which will have the same type of DRM.

I think there should be some law that says you have to pay out class action settlement money in CASH, and not coupons.

ramenite

@redice:
This isn't an Anti-DRM suit. This suit is specifically about informing the potential buyer about the game containing DRM and what this entails.

Kicken

@alf717:
"Hang on d00d, checkin' if its after the release date! Wait, you don't have internet! Ooops, well, you better work on that before I let you play (single player or otherwise)!"

Kicken

@ChaoticInfinityX:
The problem isn't what the DRM does really, but that it does it without informing the user. When the guy mentions all the things SecuROM does and can do, it is only to make the point that it can do these things without the user knowing.

Kicken

@DoggySpew:
For what? They haven't broken any laws.

Kicken

The only way to get rid of stuff like this is to make it as unprofitable and uncomfortable as possible for the companies doing this.

Already, companies that use Draconian DRM are on my boycott list: console and PC.

The only solution is to hit corps in the pocketbook. A class-action suit will help to do that. If I was a lawyer, and could afford to, I'd offer pro bono help.

arstal

@alf717: No, but Sega did state that you could play the game, and that shit was completely unplayable.

ludwigk

@homernoy: And for the average person, secuROM is absolutely irrelevant. It "fucks up the PC" in the sense that it is another program running. Had EA made their own copy-protection scheme which took up the exact same amount of resources, would you even be making this point? I doubt it.

Anyway, it's only "malicious" if you are opposed to what it does. Many people aren't. Most people don't care. You said it best: "protesting with your wallet is a moot point for the majority." The majority doesn't care, and aren't informed because it doesn't come up or bother them in any way. The entire idea is that the majority of consumers change the product or the company by refusing to buy if they disapprove. Saying that the majority would boycott if they were fully informed about secuROM is a heck of a projection. Again, most people don't care.

Fnor

@Soldier_CLE: That would be really funny for me, since I'm planning on going to law school for IP/technology law. I'd have to study a case for the DRM on a game that I worked on. o.O

ludwigk

Wait, what? SOny invented Securom?

**hides his PS3**

Wii60, Woot!

bobtheduck

@arstal: If you're boycotting PCs, how are you reading this?

The Great Aussie Evil

@dowingba: Thanks for the lesson. My point wasn't to encourage perfect grammar at all times, I just pointing out the irony :p

@iamspoo: Ahh, If it was in jest, then I apologize for being a prick :P Grammar Nazis are just one of my pet peeves.

Aex

@rabidkeebler:

And there is no mention of SecuRom or an additional installation. Only vague references to technical protection measures.

Read the EULA here, the information pertaining to security is on the first page [www.gametreeonline.com]

rabidkeebler

@ramenite: Unfortunately, most class action suits are not about making individual consumers rich. Frankly, the lawyers are the ones doing the hours and hours and hours of research and the work so they should get paid for this (maybe they get paid too much, but, that's another topic). In the end, it will hurt the company financially as paying $20 to 500,000 people (or more, I don't know how many are included in the class) is a lot of money, plus court and legal fees. And what we want to happen, as consumers, is to make crappy invasive DRM financial suicide for a company.

berribrand

@Aex: Pronouns don't need an apostrophe to establish ownership. That is all.

dowingba

@Aex: I knew I was going to get ripped for the grammar errors in my post. I was taking a business call and replying at the same time, as soon as I hit the 'submit' button I reread my post and exclaimed 'd'oh!' And it's not like it just had one error, it had a few.

My post was in jest and wasn't meant to be taken 100% serious, it was more of a nudge, nudge, wink, wink sort of comment. It is good to have an open mouth, insert foot moment every once in a while to humble us, consider me served. ;D

iamspoo

@Fnor:My point is, people don't know or care (out of naivety) about SecuROM until they purchase and install the game. Then it's too fucking late dude! You cannot get rid of this DRM without a complete format of your HDD. Uninstalling the game results your game being removed, but SecuROM....it's still there my friend. That is deceptive, unethical, and possibly illegal. Period.

If you like it, then fantastic.

homernoy

@berribrand: Oh, I'm not against the lawyer getting his money. I agree he SHOULD be paid.

I just don't like my "relief" is having to give them MORE money. Like most people, I've been a part of a few CA suits over the years, and it always ends up the same. Just some coupon where I have to end up giving the offending company MORE money. I don't want coupons, I want cash. The lawyer gets that option, why shouldn't I?

ramenite

@iamspoo: @iamspoo: Your name isn't even capitalized and you're picking on him for not capitalizing a few sentences?

CHunterX

@The Great Aussie Evil:

I meant the companies that use draconian DRM on games I boycott their console and PC games.

Generally, I consider draconian DRM to be the following:
Rootkits
Online checks before playing an offline game (Steam comes real close to being excessive)
Anything that takes up a significant chunk of my time

The fact is- there are alternatives out there to companies that use DRM, and the best solution to draconian DRM is to buy the games of the companies that don't have draconian DRM, and to not buy from those that do. I mean, is Spore really so great a game that you can't find a game just as good on say, Gamersgate or Impulse?

arstal

@FightingChance: Gal Civ II had some nice features, but it was overall a VERY generic game, and had some UI issues that made the play experience torturous to play.

I torrented this game because there was no demo, and, being a big fan of the space civ genre, I fully expected to love it and buy it along with the expansions. As it turned out, I couldn't stand the game, and after two days of trying to like it, I've never returned to it since.

I buy at least 25 games a year, so I definitely pay for software that I like. Hell, I have over a dozen still in the box with shrinkwrap that I haven't gotten around to yet. If I had paid for Gal Civ, I would have been totally burned. So what if I can play this game 10 years from now? I couldn't stand it after 10 days.

I'm planning on picking up Sins of a Solar Empire the next time its on sale somewhere to give that game a fair shake.

ludwigk

EULAs are not the end all, be all. Just because they write something on a piece of paper does not make it 100% enforceable.

SeedyROM

As happy as I am that something is getting done about this, the EULA will likely dismiss EA from any potential charges.

"TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, IN NO EVENT SHALL EA BE LIABLE TO YOU FOR ANY
PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF
SUBSTITUTE GOODS OR SERVICES, OR ANY FORM OF INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM
ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS
LICENSE OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING
NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER
OR NOT EA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE."

TL;DR: EA's not responsible for anything, including property damage, that happens as the result of your using the software.

Rctdaemon

I have doubts about this lawsuit going anywhere, although I'll be looking forward to my $1 off coupon to the EA store if the plaintiff wins.

(class action lawsuits really just benefit the lawyers and not the people who were truly affected by whatever's being sued over)

juc

well, now, there is a game i was waiting for several years, and now i cand bring myself to buy it... or, god help me, even pirate it!.
seriously, somewhere between the demo, the reviews all over the place and the EA´s attitude i lost my appetite for the game... and i renew my vows to never play, buy or (god, halp me) pirate anything from EA or their associate companies.

jtraveller

@mva5580: youve made this same bullshit post in like 5 other topics. the only bitch i hear whining at this point is you, man.

TheIrishNinja

@okenny :) ...building bridges (to hide under): From what I understand, EULAs have very little legal merit because the courts know that no-one reads them and that no-one reads them because you have to hire a lawyer just to understand them.

Mancomb Seepgood

@rabidkeebler: You CAN return software once it's been opened if you don't agree with the EULA. Says so right in them. The shitty stores won't take it back, but you likely mail it to the publisher with a letter stating you don't agree and get a refund, but it'd cost you shipping probably and they know most people don't read them or can't be arsed. Interesting to know that the spore EULA doesn't make a clear mention of SecureROM. I'll go have a read at that. If it's not stated clearly anywhere, or even hidden anywhere, then he might just have a case. Be interesting to watch this one.

shufflemoomin

LMAO! Love the picture. Gives SVU an all new meaning.

gcZanmato

@SeedyROM:

More importantly they never included information about SecuROM in the EULA anyway so saying people should read the EULA is a mute point anyway.

More ammusingly, the EULA just says that the security procedures check online, and if you mess with the "security measure" then it may break the game.

rabidkeebler

I'm glad someone is speaking up even if I don't get anything out of it. EA installed their DRM software months ago when I was patching the sims. I had no idea till someone on a forum talked about no longer being able to use their DVD burner and how they had to reformat to fix the issue.

Since Then I have noticed that some of my programs that I paid for no longer work like easy mp3 recorder, which my bf and I used get short sound clips to make personal ringtones. It sucks.

roguemarvel

Ugh... This is ridiculous. Though, I really should expect to see this stuff here in America...

Boba.Fett

@ludwigk:

In that case, you'd have the upper hand, since the Professor can only go off the summation of the case. You would be able to put some insight in the case from (at least) the outside source (and perhaps maybe even inside!)

At least your mid-term and/or final exams will be decent in scores :-D (Granted, I would probably also refresh on DMCA as well, since I would imagine that it's going to pop up somewhere in your course, with the debates on DRM.

Soldier_CLE

I hope this goes through and teaches the large companies a lesson. DRM, while intending to be good could be something very bad if it has negative effects on users computers.

rpgking4

@Mancomb Seepgood:

agreed. im kinda hoping this lawsuit does some damage.

joeloliol

@iamspoo: @Silenced: @Aex: @etc, etc, etc

The most senseless thread of posts I've seen on Kotaku. This should be nominated for some kind of award.

everybest

As much as I love this game, I hate the fact that it installs SecuROM. Unfortunately my system had already been compromised (I installed NWN2 and C&C3 a while ago) so getting Spore didn't change much. I've been lucky in that I haven't experienced any problems with it being on my system. But I'd be a lot happier if there was at least a way I could remove it permanently without having to do something considered illegal (cracking the game)

I guess my next move is going to be finding a way to sign up as a participant of this Class action lawsuit.

EA needs to at least tell people that the program is being installed.

SailorDeath

@shufflemoomin:

I read a bit of the actual suit, and apparently there isn't any indication of how SecureRom will be installed on your computer. The suit calls it a "secret additional program"

hoogamaphone

"completely wipes the harddrive was mis-quoted" The actual suit says that the program SecuROM can only be removed by completely wiping the harddrive.

ShivangiKaploodle

So the argument is that they purchased the game and SecuROM was installed without their knowledge, and they use Amazon.com reviews to support their case. Many Amazon reviews state they will not purchase Spore specifically because it installs SecuROM. Something doesn't quite add up.

SajalaAssaracus

hah good! I really hope this guy wins it will mean a huge victory for PC gamers and general computer software consumers a like.

Raptr569