EA Hit with Class Action Lawsuit over Spore DRM

[Cutlass]

1UP News

EA Hit with Class Action Lawsuit over Spore DRM
Plaintiff alleges EA of misleading customers by not disclosing the SecuROM copy protection software.
By Kris Pigna, 09/24/2008
Spore screenshot

With all the vitriol surrounding Spore's DRM, it was only a matter of time before lawyers got involved. Courthouse News Service reports (via Shacknews) that a class action lawsuit has been filed against Electronic Arts in federal court, which alleges the company defrauds its customers by not disclosing the installation of SecuROM copy protection as part of Spore's installation.

Interestingly, while the most vocal complaints regarding Spore's DRM have focused on the ways it limits the use of the game, this lawsuit is concerned with the fact that it exists at all. "Although consumers are told that the game uses access control and copy protection technology, consumers are not told that this technology is actually an entirely separate, stand-alone program which will download, install and operate on their computers along with the Spore download," the complaint reads (you can read the full PDF document here).

"Consumers are given no control, rights or options over SecuROM," the complaint continues. "The program is uninstallable. Once installed, it becomes a permanent part of the consumer's software portfolio. Even if the consumer uninstalls Spore and entirely deletes it from their computer, SecuROM remains a fixture in their computer unless and until the consumer completely wipes their hard drive through reformatting or replacement of the drive."

The complaint also argues that the copy protection software is "secretly installed to the command and control center of the computer (Ring 0, or the Kernal), and surreptitiously operated, overseeing function and operation on the computer, preventing the computer from operating under certain circumstances and/or disrupting hardware operations." What these certain circumstances and hardware operations are, however, are not detailed.

The lawsuit was filed by Melissa Thomas "on behalf of herself and all others similarly situated." Thomas is represented by Alan Himmelfarb, of KamberEdelson of Vernon, California, and New York. The lawsuit is seeking payments for "actual damages, statutory damages, punitive or treble damages, and other such relief as provided by the statutes cited herein," as well as restitution of legal fees and "relief in the form of restitution and/or disgorgement of all unlawful or illegal profits received by defendant as a result of the unfair, unlawful, and/or deceptive conduct alleged in herein" (you have to love legal writing).

While this lawsuit isn't very surprising considering the controversy Spore has been under for its DRM, it is a bit odd when you consider Spore is far from the first EA game to use SecuROM copy protection -- Mass Effect used the same software before it, and the recently released Crysis: Warhead (as well as the upcoming Red Alert 3) uses it as well.

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

So DRM going too far?

 

[GenMarshall]

This could hurt......


.....EA.

 

[Greybriar]

This could hurt......


.....EA.

If that's what it takes to wake up PC game publishers, then so be it. Ubisoft went through a similar experience a couple of years ago due to its use of StarForce. Ubisoft got rid of StarForce, so perhaps EA will quit using draconian copy protection/DRM programs on its games.

P.S. If anyone wants to reads the pdf file of the lawsuit, here it is.

 

[Leonel]

We'll see what happens. Hopefully it will end up like Ubisoft and Starforce. Considering that the Spore DRM was cracked and cleaned days before it was even released, I figure EA should be getting their money back from SecuROM.

 

[SharpMango]

wait......are they going to be using the same system on Red Alert 3???
That doesnt sound too good at all....
Right now sitting on my desk is 2 year old copy of Command&Conquer3 i borrwed from a cousin. I wanted to see what it was like (im more of a red alert fan)....
now im gonna be returning it next time i see him.....Simple harmless stuff..
Now with this nonsense, it seems one cant even borrow games anymore.
Is that legal?

 

[warpstorm]

Is that legal?

Yes, in the USA at least. You do not "own" the game (just the disc). You have a license to use the game with the restrictions spelled out in the contract you agreed to before installing it.

 

[Onionsoilder]

Good. DRMs simply shouldn't be included in games. If they want to protect against piracy, a much better solution is to tie the CD key directly into an account(like they already do), then make it a requirement to be logged into that account to play spore(or at least access the online features, which is like, half the game).

In essence, make it so that game can be installed on an unlimited amount of computers, but make it so only one of those computers can be running the game at a time.

 

[GoodGame]

Online DRM for a non-multiplayer game is a horrible idea, even worse than SecuRom.
Not having any copy-protection is even worse; It's like saying 'tip me'.
Basically, pirating should be a capital offense, and a casu belli. It's a product theft, just like stealing apples, not an intellectual 'copycat' theft. It shouldn't be tolerated in the world community.

But EA, and anyone else, should pay if they misrepresented what they were selling.

 

[White Elk]

"Consumers are given no control, rights or options over SecuROM," the complaint continues. "The program is uninstallable. Once installed, it becomes a permanent part of the consumer's software portfolio. Even if the consumer uninstalls Spore and entirely deletes it from their computer, SecuROM remains a fixture in their computer unless and until the consumer completely wipes their hard drive through reformatting or replacement of the drive."

The complaint also argues that the copy protection software is "secretly installed to the command and control center of the computer (Ring 0, or the Kernal), and surreptitiously operated, overseeing function and operation on the computer, preventing the computer from operating under certain circumstances and/or disrupting hardware operations." What these certain circumstances and hardware operations are, however, are not detailed.

Dangit... I was seriously considering buying the game this week after anxiously awaiting it for near 2 years. Thanks for the heads up and the education. Will look for Securom and others prior to making other purchases

 

[White Elk]

You have a license to use the game with the restrictions spelled out in the contract you agreed to before installing it.

I suppose this is one aspect of this issue. How can you agree to something which isn't spelled out at time of purchase. And if after purchase, during install, you discover aspects of that contract for which you won't submit to... then will you be able to return the game for full refund even though the software functions properly.. albiet maliciously? From reading about peoples attempts to return Civ4, I've been under the impression that retailers will not refund unless the game does not run?

 

[Dom Pedro II]

It's a mess. The whole damn thing is a mess. And piracy is certainly taking its toll in spite of draconian measures. I went out to find Colonization today and not only did none of the stores carry it, I stepped back and saw just how completely gutted the computer game sections of game and electronics stores are now. I went into Best Buy and just a few months ago, they had three racks of computer games with maybe 75 to 100 titles. Today, it was one rack with three shelves with no more than 20 titles on it. They still have tons of console games available of course.

I mean, some of it is a declining interest in computer games vs. console games, but it's definitely also about the ease to distribute the game illegally. And it's a shame because it makes creating mature, sophisticated games even less profitable than it was before. As a result we get games that only appeal to the absolute lowest common denominator.

 

[White Elk]

I'm all for stiffening the penalties of piracy, and I am cool with paying a modest 'tax' on my software to support enforcement against it. I'd rather pay a little extra each purchase than to lose PC freedoms with mal invested DRM's. But above all I'd like to see pirates hung for their acts against humanity!... I'm near serious here. Much freedom is lost, and more will be lost due to the freeloading shop lifters of the Information Age! The penalty must be harsh and my gov must take it serious but realistically and unbiased.

And I HATE that of all things threatening quality in this world, there is yet another influence caused by free-loading, sit on their bums, social vandals, who feel they are rebels with a cause and are empowered by some false claim to others intellectual property!

 

[Murky]

It's a mess. The whole damn thing is a mess. And piracy is certainly taking its toll in spite of draconian measures. I went out to find Colonization today and not only did none of the stores carry it, I stepped back and saw just how completely gutted the computer game sections of game and electronics stores are now. I went into Best Buy and just a few months ago, they had three racks of computer games with maybe 75 to 100 titles. Today, it was one rack with three shelves with no more than 20 titles on it. They still have tons of console games available of course.

I mean, some of it is a declining interest in computer games vs. console games, but it's definitely also about the ease to distribute the game illegally. And it's a shame because it makes creating mature, sophisticated games even less profitable than it was before. As a result we get games that only appeal to the absolute lowest common denominator.

I doubt if that has much to do with piracy. Digital piracy has been around as long as commercial software. I think the change you're seeing at retail is in less consumer demand for the box. There are lots of other ways to legally obtain the software besides going to Best Buy. More people are buying games online than ever before. In general, most gaming enthusiast want to support the development of games. They will pony-up $40-50 bucks for a license if it's not too much of a hassle.

 

[White Elk]

I doubt if that has much to do with piracy. Digital piracy has been around as long as commercial software. I think the change you're seeing at retail is in less consumer demand for the box. There are lots of other ways to legally obtain the software besides going to Best Buy. More people are buying games online than ever before. In general, most gaming enthusiast want to support the development of games. They will pony-up $40-50 bucks for a license if it's not too much of a hassle.

So are you saying that online distributors are devoid of DRM malware?

 

[Murky]

So are you saying that online distributors are devoid of DRM malware?

I said nothing of the sort. I was just saying that Best Buy will stock fewer games because there's less demand. There's less demand because people are buying their games elsewhere. It has little or nothing to do with piracy or the DRM fiasco.

The DRM wary gamers will probably shift their demand to games that are free of things like Starforce and SecuROM. They will probably still pay for a license, but they will first check to make sure it doesn't have some draconian DRM scheme attached.

 

[White Elk]

Ok, but piracy effects online distrubition same as hard copy distribution right?

Just trying to put it all into context in case I missed something like online versions being devoid of DRM.

If its the same I don't understand how buying trends regarding online vs hard copy sales has any bearing on this topic??


hehe for the record... I'm one who likes having the hardcopy to add to my library.

 

[Murky]

Ok, but piracy effects online distrubition same as hard copy distribution right?

I suppose it effects all points of distribution but to what extent, is difficult to quantify. Most people who pirate have no intention of buying anyway so there's no lost sales there.

Just trying to put it all into context in case I missed something like online versions being devoid of DRM.

There are different anti-piracy measures for different methods of distribution. Valve's steam has it's own thing. Stardock has no DRM but you have to register if you want updates. Things like SecuROM are typically associated with retail box sales but it's not limited to that.

If its the same I don't understand how buying trends regarding online vs hard copy sales has any bearing on this topic??

The poster I quoted said that piracy appeared to cause Best Buy to stock fewer games.

hehe for the record... I'm one who likes having the hardcopy to add to my library.

I'm not that big on having a box as I once was, so long as it's not too much of a hassle to get the software installed. I'd rather have to download a DRM free game than having to install SecuROM's rootkit with every purchase.

 

[Cutlass]

Does the new Colonization also have DRM?

 

[White Elk]

Okay I better understand your thinking here Murky.

If I had faith that an online distrubutor would always be available for me to download the game I bought, then I too might want to move to digital distribution. I like the aspects of lessened packaging, and a decreased transportation burden very much. I do like my boxes, but am more concerned for global health. I can give up some pretties for the common good. Yet I still have no faith in there being a company to call when I upgrade PC's or get another BSOD. I do imagine there must be some permissions to copy the game to CD though. If not, it should be forethcoming I would project. And with games shipping broken and requireing constant patches I guess the printed manuals are clearly a waste of resource and serve no purpose even after weeks from release. I must adjust to a new age.

I agree DRM's won't affect the pirates one ioda, but it will affect others like me. I will not buy a game which contains software for which I cannot uninstall and which may act on its own behalf undirected by me. All other considerations aside... I won't purchase software for which I have no control over.

 

[Greybriar]

Does the new Colonization also have DRM?

No. And prior to installing it I disconnected my modem until after the installation was complete and I had started playing a game. It looks like the only copy protection Civilization IV: Colonization has requires you to have the CD in the drive.