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Hardware 2.0

Adrian Kingsley-Hughes

Spore hit by class-action lawsuit over DRM

By | September 24, 2008, 11:00am PDT

A class-action lawsuit has been filed against EA over the SecuROM DRM mechanism built into the Spore game.

The suit (PDF here), file by Melissa Thomas, is aimed squarely at EA’s decision to use SecuROM for anti-piracy purposes.

I’ve had a quick look through the suit and I don’t think that it stands a chance. Why? Well …

  • Bogus claims, such as:
    Once installed, it [SecuROM] become 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.
    If you want to remove SecuROM, there’s an uninstaller available from the SecuROM website.
  • The suit relies far too much on comments from the Amazon.com web page for Spore. While there are plenty of claims that Spore wreaks havoc on PCs to choose from, it’s going to be hard to prove that any of this damage is down to Spore or the SecuROM DRM.
  • The words “spyware” and “virus” are used to describe SecuROM, despite no antivirus program recognizing it as such.

In the middle of the spurious claims are some valid ones. For example, EA doesn’t make it clear that Spore installs SecuROM onto PCs, and nowhere does EA give help and advice to people wanting to rid their system of DRM.

I can’t see this suit going far.

Thoughts?

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Adrian Kingsley-Hughes is an internationally published technology author who has devoted over a decade to helping users get the most from technology.

Disclosure

Adrian Kingsley-Hughes

All opinions expressed on Hardware 2.0 are those of Adrian Kingsley-Hughes. Every effort is made to ensure that the information posted is accurate. If you have any comments, queries or corrections, please contact Adrian via the email link here. Any possible conflicts of interest will be posted below. [Updated: February 23, 2010] - Adrian Kingsley-Hughes has no business relationships, affiliations, investments, or other actual/potential conflicts of interest relating to the content posted so far on this blog.

Biography

Adrian Kingsley-Hughes

Adrian Kingsley-Hughes is an internationally published technology author who has devoted over a decade to helping users get the most from technology -- whether that be by learning to program, building a PC from a pile of parts, or helping them get the most from their new MP3 player or digital camera.

Adrian has authored/co-authored technical books on a variety of topics, ranging from programming to building and maintaining PCs. His most recent books include "Build the Ultimate Custom PC", "Beginning Programming" and "The PC Doctor's Fix It Yourself Guide". He has also written training manuals that have been used by a number of Fortune 500 companies.

Adrian also runs a popular blog under the name The PC Doctor, where he covers a range of computer-related topics -- from security to repairing and upgrading.

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I like your approach!
harry.n 19th Dec 2008
You are so right about the EULA - any proggy that you download, will have the "do you agree or not" clause right up front, and you do have an option to abort. When it comes to store bought software, no such luck, mainly because the store just sells the product and has nothing to do with the software developer's EULA. You can take the software back to the store, providing you did not open the package...

I'd vote for the change of EULA location - clearly and legibly printed on the box (hey, that would be an incentive for them to follow the KISS, wouln't it?), or something to that effect. The EULA would have to be available to the consumer BEFORE they commit to the purchase.
... over the introduction of such a DRM system to their computers. I've read numerous incidents where people have to constantly restart their game, uninstall the games to get another program running, etc...

Also it seems EA is well aware of the impart of SecuROM on their customers. As seen in the support section::

----
"
QUESTION
Do you have information on SecuROM?

Answer

We have received numerous incidents regarding issues pertaining to the SecuROM anti-piracy software, and have a 24/7 SecuROM Customer Support team to help our players resolve these potential issues.

Over the past year, EA diligently evaluated SecuROM against many other copy protection programs, and as a result of that evaluation chose to use SecuROM in its entire line of PC products. Need For Speed, Medal of Honor, Command & Conquer, The Sims...all of these key EA franchises utilize SecuROM.

In recent collaboration with Sony DADC, the makers of SecuROM, we have created a Frequently Asked Questions section to address the questions that have been raised due to recent events regarding SecuROM:

* What is SecuROM?
* Is SecuROM actually loaded onto my computer?
* How does SecuROM interact with the Internet?
* Is this software spying on me?
* What is a registry key, and what is the SecuROM entry in the registry?
...... "
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What people SHOULD be enraged about...
Hallowed are the Ori 24th Sep 2008
... is how you have to open software packaging to see the EULA, wherein it states that if you do not agree with the EULA you should return the software to the POS for a refund.

But as we all know, once the software package has been opened, the POS will not allow you to return it.

That's what should be the basis of a C-A lawsuit.
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Also a very good point (nt)
el1jones 24th Sep 2008
.
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ahhh.....I don't know about that
laura.b 24th Sep 2008
A lot of people being pissed doesn't necessarily equal a viable lawsuit.

It does seem pretty unlikely that this will go anywhere.
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And I am sure during the uninstall process that they tell you to go to a website, to download another application, so you can uninstall something that should have been uninstalled.

Now I hate DRM, but this is stupid, this is someone who is trying to get rich fast, trying to make up anything.

And if the POS will not take the game, most companies will send you a replacement game, fully sealed, when you send them your copy back first.

It is annoying but I have done this before, with software that was crap, it sounded good, until I installed, and tried for a week.

After that I sent it back to them, they sent me a copy so I could take it back to the store where I purchased it.
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Sony doesn't get it
Takalok 24th Sep 2008
But I think you're right - the lawsuit is a dead end.

However, I think Sony is ever so foolish to think SecuROM, coming on the heals of XCP (ie. Sony rootkit) is going win over any fans, increase market share, or improve the company image.

What it does, is stamp "THE MAN" all over the company in such a way, that it will be impossible to appeal to the "hip" crowd it so desperately want to sell products to.

Sony apparently has no clue how much money bad mojo in the marketplace can cost it - especially in today's "buzz is everything" world. They just don't get it.
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Sony lost me forever as a customer
mystic100 25th Sep 2008
After the rootkit fiasco, I vowed never to buy ANYTHING from Sony. This includes hardware and software. I always look at the alternatives and make sure to "educate" friends, family, and sales people to my reasons.
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Me too
martian@... 26th Sep 2008
And my silly wife went and bought a Sony player for our daughter for her birthday.
Oh well, off I go tomorrow to take it back and exchange it for something by some other company...
Just because an anti-virus application doesn't recognize a piece of software as such doesn't mean it isn't.

I probably would classify it as spyware/malware.
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That have to use something
laura.b 24th Sep 2008
In a court of law, they have to use some basis for determining the reasonableness of a claim. The best way to do that is expert testimony or evidence. Antivirus software companies and security companies would be those experts.

So, are they the final say? Practically, no of course not. Legally? Maybe.
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I will never EVER knowingly buy any software that
installs a rootkit on my computer. I own two games
put out by EA (BF1942 and BF2), but I will not buy
another if they continue to use rootkits.
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Don't like it? DONT BUY IT! Buying the game and then suing is dumb. If not one buys it, they will quit using DRM.
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RE: Don't like it? DONT BUY IT!
R_Connelie@... 24th Sep 2008
I voted with my dollars.

(More specifically, I didn't vote with my dollars because I intentionally did not purchase Spore because of the SecuROM DRM. Ditto for EA's Mass Effect.)

Unfortunately, the vast majority of purchasers are not going to know of or care about the SecuRom DRM. My snubbing, along with the snubbing of my fellow anti-DRM gamers, will not significantly impact the success of Spore. I'm supporting the class action suit, even though I am not part of the class, nor do I think it will succeed unless the legal team gets the details right...

And, no, I haven't pirated it, either. happy
You are making the assumption that people knew in advance that the product they were purchasing would cause them problems, and bought it anyway.

The "Don't buy it" argument is roughly equivalent to the "Don't get robbed" argument. If you don't want to get mugged, just avoid going outside. If you don't want to be in a car wreck, just never drive a car.

Gosh things are so simple when you put it that way!
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Don't buy
fionncreagh@... 25th Sep 2008
The initial adopters have been well and truly ******, and now there's plenty of on-line buzz to warn subsequent customers. Now we all can know BEFORE we buy. Pity there's no real recourse for the poor slobs who've already been burned -- class action or not.

One that you've forgotten -- to avoid virus infections, don't hook up to the Internet and don't install software. Life can be simple, but it really isn't living when you do it that way.

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Won't buy ANY E/A Games!
madrucke@... 25th Sep 2008
I buy a game to play.

Not become my family's resident IT expert.

The arrogant assumption that I will want ANY game bad enough to cripple my system is just that arrogance.

Secondly, if a game is capable of being played on multiple computers on a home network...

The companies should make provision for a low cost multiuse (restirct TCIP/IP range?) licenses. So that familes wouldn't have to buy multiple copies of a $60 game to play head to head at home...
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...to the point about a seperately downloaded uninstaller. This was one of the things that nailed malware vendors.

Besides, it's very possible for pointless lawsuits to generate such ugly publicity the company backs down. It happened to Sony.

Also, it can be argued anything running in ring 0, installed without the user's knowledge, and not uninstallable without a (very hard to find for most) uninstaller is a serious security risk.

Again, how long did it take malware authors to target Sony's rootkit enabler? happy
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Is it not illegal to refer to any method of getting around DRM IE identifying that the software is located on your machine ? Could that not be interpreted to attempt to bypass DRM or at least cause slam lawsuits in fedral courts ?
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HA HA EA, I hope it rattles their cages and I hope
more follow...
HA HA
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Several people have made good points about the problems caused by SecuROM and its similarity to the Sony debacle. With nothing on the outside of the packaging to warn people about this DRM fiasco, it brings up the same scenario as the Sony rootkit by installing software "on-the-sly" and it NOT being removed when the initial program is removed. Both EA and SecuROM should be penalized for this.
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It might go somewhere
Cayble 26th Sep 2008
Lets see some commentary from a SecuROM expert who knows bit by bit what SecuROM does. I'm betting when the complete set of facts come out the level of intrusiveness might be considered ludicrous.

Keep in mind; EA is a big time gaming company, they can afford to test and use what ever they consider to be the best of the best in a game if they choose to. When it comes to DRM software companies generally would only consider the best to be a system that in their mind blocks piracy the best, even at some risk to functionality to your computer generally. The only time a software company like EA would balk at DRM measures that absolutly stopped piracy would be if it also made the same software virtually unusable. Unusable to some is not a bar to "good" DRM. Interference for some on the general usage of their computer is not a bar to "good" DRM.

I'm betting when the details of what this crap does is brought out it will be more shocking then one might expect. These software companies take the same kind of attitude to using DRM in their software as the kind of guy who fits a double barreled shotgun pointed at his front door with a hair trigger and a string from the trigger to the doorknob for home security. Risky and hazardous overkill is worth it if it stops pirates dead at the door.

Don't worry about innocent by standers or a glitch in the system that blows a hole through the door when someone knocks harder then usual. Its all good because it stops the pirates and thats what counts. Deal with the innocent dead and wounded as you have to.

Problem is; the real pirates are not idiots. Once they hear about the pile of dead laying at the front door they figure out how to get in through side door left. Even if side door left doesn't make for a perfect solution for the pirates it will always be enough to get what ever loot they really want and eventually the pile of dead at the front door will be mostly the innocent by standers.
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The uninstaller does NOT remove SecureROM - she is right - in order to completely remove it you have to wipe the hard drive. It is likened to a virus or trojan becuase it injects many hooks into the system that make it impossible to remove once installed. And part of it's software includes keystroke monitoring, hard drive monitoring, CD-ROM/DVD drive monitoring, and reporting back to a central system. So yeah, it is SPYWARE as well. I hope EA gets what is coming to them.
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can you prove it?
harry.n Updated - 19th Dec 2008
Well, you've got me a bit concerned but, before we start dishing out accusations, do you have a hard proof of "keystroke monitoring, hard drive monitoring, CD-ROM/DVD drive monitoring, and reporting back to a central system"? I want to see that.

No, I am not pro-DRM, never have, never will. However, I feel we need to be objective and provide some hard data, such as reg entries, folder names, file names, etc., BEFORE posting accusatory remarks.
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You blew it this time Adrian!!
The_Curmudgeon 8th Oct 2008
Usually you get it right.
This time you got it wrong.
Guess you can't be right ALL the time.
Keep up your normal good work in the future.
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Hmm, the store sells you software, the agreement that you can't read until you OPEN the software says you are entitled take it back if you disagree with the license. The store refuses to abide by the agreement for something that they they sell.

Consider hanging out in front of said store handing out leaflets TRUTHFULLY explaining their policies and see how long it takes for a manager to cheerfully grant you a refund.

(OK, maybe not cheerfully)

I got a bike fixed that way once. It was amazing, after six months of being dicked around, how quickly it was done; once I started explaining to customers in the store why they should shop elsewhere.
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I like your approach!
harry.n 19th Dec 2008
You are so right about the EULA - any proggy that you download, will have the "do you agree or not" clause right up front, and you do have an option to abort. When it comes to store bought software, no such luck, mainly because the store just sells the product and has nothing to do with the software developer's EULA. You can take the software back to the store, providing you did not open the package...

I'd vote for the change of EULA location - clearly and legibly printed on the box (hey, that would be an incentive for them to follow the KISS, wouln't it?), or something to that effect. The EULA would have to be available to the consumer BEFORE they commit to the purchase.

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