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EA sued over Spore DRM
Case alleges that the stealthy inclusion of SecuROM in Spore violates Californian law
EA is already facing the wrath of thousands of PC gamers after including SecuROM on new PC games such as Mass Effect and Spore. However, the games company is now being taken to court in California by a plaintiff who believes that the surreptitious inclusion of SecuROM actually breaks the law.
According to the legal document, Melissa Thomas is suing EA ‘on behalf of herself and all others similarly situated’ after buying Spore. The case alleges that ‘When consumers make their purchase of Spore, they are told that they are purchasing “an exciting new simulation game that lets you develop your own personal universe.” However, the document adds that ‘What purchasers are not told is that, included in the purchase, installation, and operation of Spore is a second, undisclosed program.’
That second, undisclosed program is, of course, the much-hated SecuROM, which the document details. ‘Although consumers are told that the game uses access control and copy protection technology,’ says the document, ‘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. Consumers are given no control, rights, or options over SecuROM.’
The document goes on to say that ‘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.’ Complaints about SecuROM aside, though, the main crux of the case appears to be that EA doesn’t tell you about it.
The case document alleges that ‘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 (Ring 0, or the Kernel), and surreptitiously operated, overseeing function and operation on the computer, preventing the computer from operating under certain circumstances and/or disrupting hardware operations.’ This, according to the case, violates a number of California laws, including the California Consumer Legal Remedies Act and California’s Unfair Competition.
Spore’s DRM system first limited the number of installations of the game to three, but this was later expanded to five installations after a public backlash, with thousands of one-star reviews appearing on Amazon. Spore’s DRM system also faced a backlash after it became apparent that you couldn’t set up more than one account in the game on shared computers.
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My PC is duel boot vista and XP, I bought CRYSIS WARHEAD installed it, also installed it on my other PC, then guess what, then game would not load??? Contacted EA games and they reactivated for me, but I can only play it on XP not Vista on the same PC.I have contacted EA games again, but still waiting for a reply. Also if I sell the game, what then? No one else can use the game, and like a fool I bought Spore ,why oh why
Comment by floyd at 6:02pm 8th October 2008
I never planned on getting the game but after hearing this I am definitely just going to boycott it.
Comment by sweettea14 at 11:16pm 7th October 2008
but morally, I would have no problem buying this game, well, that bit's true, I have bought it, then downloading a "pirated" version if an attempt was made by the DRM software to bloke legitimate use. Like others I'm a bit concerned that it, SecurRom, gets left behind to continue its "evil" work. Having just rebuilt my PC and sworn to make some effort to avoid doing so as often as I have been, to liven its performance, this makes me :-(
Comment by Barbaresco at 5:42pm 3rd October 2008
DRM is one thing, but when your PC is being invaded like France in WW2, with similar restrictions being put on it something has to be done. DRM needs to be passive and non-invasive or it's not acceptable. Boycott because of it? Damn rights (human ones, they're ours and you aint gonna get 'em)
Comment by redsnake77 at 3:01pm 30th September 2008
.... that because it's been around since the 90s (or earlier) that therefore it was right. The point I was making was that this is nothing new. It's not even wrong.
Ultimately, the consumer does what the consumer wants and then experiences the pros/cons of their actions accordingly.
Comment by cjagusz at 2:53pm 26th September 2008
The problem is that as a legit owner of the game you are not being told about all of the crap that is being installed on your computer along with the game itself. Also the 3 times install restriction wouldn't last me a year. I tend to re-install windows every 3 months for various reasons. And i'd be screwed with this game. Although its interesting to not M$ still havnt complained at me installing Vista multiple times. I have to ring them each time but i'm on my 8th install from the same OEM key and they havn't yet complained. I agree with the comment that SecuROM is technically a rootkit virus as it has kernel level access to your hardware. Optical drive at least. Also just because companies have been doing this since the early 90s does not make it right. The consumer needs to make a point of complaining about this.
Comment by reashlin at 12:57pm 26th September 2008
The problem is that as a legit owner of the game you are not being told about all of the crap that is being installed on your computer along with the game itself. Also the 3 times install restriction wouldn't last me a year. I tend to re-install windows every 3 months for various reasons. And i'd be screwed with this game. Although its interesting to not M$ still havnt complained at me installing Vista multiple times. I have to ring them each time but i'm on my 8th install from the same OEM key and they havn't yet complained. I agree with the comment that SecuROM is technically a rootkit virus as it has kernel level access to your hardware. Optical drive at least. Also just because companies have been doing this since the early 90s does not make it right. The consumer needs to make a point of complaining about this.
Comment by reashlin at 12:57pm 26th September 2008
wheres the problem if your a legit owner of the game. MUPPETS
Comment by faceplant at 12:23pm 26th September 2008
the main issue i would have would be that you cna't uninstall SecuRom even after you've uninstalled your DRM game and I think EA do need to wake up and realise that having such a program on your system is stupid. Yes you can DRM your games but only to validate that the owneers are who they say they are, and let them know the software is present, and let them uninstall it when they've finished. DRM should not be used to say how many times a person can install the game on their system or anything else. I've had an issue with a Battlefield account where someone had used a keygen which generated a key which matched my key on the back of my manual and I had to send EA a picture of my manual to prove to them that whoever had set up the other account wasn't the rightful owner of that copy. THAT is what DRM should be used to combat. nothing else
Comment by EdArch at 11:51am 26th September 2008
.... and as entertaining as a $5 clone of Pong would be.... it's not exactly Bioshock, is it?
Comment by cjagusz at 10:12am 26th September 2008
I'm totaly sick of the bloody drm in games, i think it's about time i upgrade my internet connection and just download whatever games i want(drm free) for the comparitivly low price of a high speed broadband account ! And if my actions send EA and others down the tubes, who cares.. there will always be somebody making games.
Comment by Dave_Lister at 9:04am 26th September 2008
.... whether those who are quick to wish death on companies because of their mistakes are the same people who'll be the first to complain when there are fewer titles on the PC.... or when there's less competition in the hardware market.
I particularly like the macho posts from those who haven't even registered an email address with this site.
Yes, EA are using DRM, but hopefully those who have looked into this properly will have already realised its not really a problem. DRM was already around in the 90s (maybe earlier) and the companies implementing it then would support genuine customers who were having problems. It is simply not in their interests to act like a brick wall when implementing these systems.
Comment by cjagusz at 8:30am 26th September 2008
I have TF2, CS:S, portal etc etc installed on my home,work,friends,dads computers i dont even need the disks to install them, when i upgrade my rig I just simply download them again. Even 5 installs wouldn't be enough activations in a year the amount of times I upgrade something. Personally I hope EA lose this case, the only people DRM hurts is legitimate consumers, not the pirates who get the DRM-less copys that you can easily aquire from any torrent site.
Comment by Scawp at 8:44am 26th September 2008
I have TF2, CS:S, portal etc etc installed on my home,work,friends,dads computers i dont even need the disks to install them, when i upgrade my rig I just simply download them again. Even 5 installs wouldn't be enough activations in a year the amount of times I upgrade something. Personally I hope EA lose this case, the only people DRM hurts is legitimate consumers, not the pirates who get the DRM-less copys that you can easily aquire from any torrent site.
Comment by Scawp at 8:44am 26th September 2008
lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol hope they get there arses kicked lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol lol death to ea and securerom
Comment by damafia at 2:47am 26th September 2008
What does DRM actual do. There are torrent versions of Spoor any way so doesn't that say the pirates are fine just the customers are screwed. Also seems rather bad i mean some of these games are notoriously bad at patching loading 1.2 crash fail please reinstall. Upgrade graphics thats another one gone and through in an os failure & upgrade combo and suddenly spoor doesn't work thats fantastic. But really it would all be fine if you uninstall the game and could get back activations only a complete os failure would use up an activation. But software as a whole is joke if ask me when i buy something i should be able to install as many as i like on as many different systems as i like as long as only 1 is in use at a time.
Comment by Cool_CR at 12:24am 26th September 2008
They spent so many years developing and then went and did this. I wonder which twat over there got fired over this. I personally got bored after 2 hours of playing it and haven't touched it ever since.
Comment by 321321321 at 12:04am 26th September 2008
this game is one of (if not the) the most pirated games in history. the torrent is apparently modified to remove SecuROM and most of the DRM system. (not that i am endorsing this, i don't have this game in any form, but my friends who are more avid gamers than i were going on about it last time i saw them). if this isn't found illegal by the california court (it probably will come back illegal though) im sure there is a court out there that will find it illegal. the US constitution gives the right to privacy, though nowadays this doesn't seem to mean much, so im sure a good lawyer (paid for by many many gamers?) could push for the EULA of the games being banned from use in the USA (meaning EA would have to make a new one if they wanted to sell games in the US, which i imagine is a rather big market).
Comment by yougotkicked at 10:38pm 25th September 2008
"YOU can only install YOUR game on YOUR computer this number of times". Who asked you? I'll do what I want with my game. "Feel free to upgrade hardware or OS, but if your a real enthusiast, we dont want your money". Well fine, I'll spend it elsewhere then.
Comment by Frohicky1 at 10:40pm 25th September 2008
I would rather not buy the game/games if companies are going to do this. If enough people do this the companies would have to change their policies.
Comment by magickbrad7 at 9:30pm 25th September 2008
Anything that gives this appalling DRM exposure is a great thing in my mind, regardless of the outcome of the case. I think that's the whole point.
Comment by KingDazza at 9:33pm 25th September 2008
There's actually a pretty good chance they could win this. The lawyer representing the plaintiff is the same one that successfully sued sony for their rootkit DRM on audio CD's I believe. SecuROM is a division of sony and uses very similar tactics. Another thing they've got going for them I believe (and feel free to correct me if I'm wrong) is that California state law makes it illegal to install programs without users consent that cannot be easily remove. SecuROM is installed without users consent and is difficult to remove. There's actually a clause in the EULA that states they are bound by California state law since EA are based there...
Comment by cyberspice1 at 8:24pm 25th September 2008
3rd post on this I know but could the activation limit also be a violation of UK trading stardards?--- http://www.tradingstandards.gov.uk/consumers/consumers.cfm ---Been looking though some of the stuff on the website but I'm not sure exactly how stuff works can anyone see anything in here?
Comment by mr_nips at 7:55pm 25th September 2008
Ring 0?! Doesn't that mean SecuROM is a rootkit? (I may be wrong here) To the boycotting question yes, although I've bought spore, I have been boycotting Mass effect (and I really wanna play it), and will boycott RA3, Mirror's Edge and Dead space across all platforms if I have to!
Comment by mr_nips at 7:38pm 25th September 2008
They arent going to scrap the numerous titles already in the market to change anything, a simple apology to the person/plaintiff maybe a couple grand compensation, and then add a bumper sticker to all those where the game is sold in stores. Thats it. To be honest, you could sue a ton of software companies over this, but what would be the point? They gave you entertainment and other such advantages digitally, and you go slate them for it? Sorry but its taking legislation too far.
Comment by Lightning_Pete at 7:39pm 25th September 2008
Woohoo hope they kill the DRM activation limit BS at the very least. I don't mind unobtrusive, harmless DRM but an activation limit is NOT ON!
Comment by mr_nips at 7:29pm 25th September 2008
Usually, new software enables you to do more with your computer. Vista, though, is designed to restrict what you can do. Vista enforces new forms of “Digital Rights Management (DRM)”. DRM is more accurately called Digital Restrictions Management, because it is a technology that Big Media and computer companies try to impose on us all, in order to have control over how our computers are used. EA or Vista they are all taking away our rights as consumers to make our own choices. Hope they burn.
Comment by blazinglory at 7:16pm 25th September 2008
I know DRM is a very emotive issue, I hate it myself, but do you really think anything substantive will come out of this case? At worst EA will issue an apology and be ordered include a fuller description of SecureROM in the EULA.
Comment by Spreadie at 7:17pm 25th September 2008
i hope the plaintiff cleans em out, i absolutly detest EA, especially after the way i was treated after buying WAR off them 3 weeks ago for open beta, no keys!!! finally i heard back today that they will reimburse me in about a weeks time, thank god for my d2d download :)
Comment by manxspike at 6:51pm 25th September 2008
EA impliment ridiculous DRM in an attempt (they say) to combat piracy, but beacuse of that insaine DRM more people have pirated the game than would normally be expected, to get round that DRM. EA have pretty much shot them selves in the foot with that one.
Comment by WoodSpoon at 6:44pm 25th September 2008
Don't intend to buy it. Its time we let the corporations know they cannot bully us and hit them where it hurts...... there pocket. That doesn't mean steal it but if we support DRM free games and software it's a step in the right direction. I hope it goes to court and i hope they lose.
Comment by brave758 at 6:46pm 25th September 2008
If the game is good what difference does it make if you have to spend 5 minutes to reactivate the games after your 3rd install. Spore is a brilliant game that deserves praise and sure it would be better for the consumer if they did not put the DRM on but the consumer just needs to get over it!!!! Kyle
Comment by Kylevdm at 6:35pm 25th September 2008
They shouldn't be able to get away with this... - Shame I've already bought it really, I wouldn't of otherwise! EA deserve to be taken to court!
Comment by Bonzo450 at 6:21pm 25th September 2008
I add myself to the list of people who will not purchase a piece of software with the ridiculous restriction of limiting the nuber of times you may install it, with the possible exception of an OS (just because I may have no choice if I want to use windows, which I do). It's utterly wrong to limit a customer who has purchased a piece to a number of installs... you don't get it with any other form of entertainment purchase short of rented dvd's ... and the reason you have a restriction on use for those is that you are rentinmg and not buying to own. The situation is a disgrace.
Comment by NewParadigm at 6:08pm 25th September 2008
I will NEVER knowingly purchase a game, (or any other software) with such restrictive DRM on it out of principal. As I suspect applies to many of CPC's readership, I'm always tinkering with and upgrading my PC - and the whole point of buying boxed software is that you can keep reinstalling and reusing it. No-one tells me how many times I may re-read a book I've purchased, or how many times I may listen to a music CD I've bought, (or how many CD players it may be played on) - why is it that certain software companies believe they have the moral authority to dictate to their customers the way in which they use their purchases? Stuff 'em - hit them in the only place it seems to hurt them - their wallets...
Comment by antonyg at 5:55pm 25th September 2008
Well we've been discussing this for a day or two already, so heres a link to the topic--------------------------- http://www.custompc.co.uk/phpbb/viewtopic.php?t=297830&start=15&sid=88e1d822f748ef8bf22754ff9b23c2b0
Comment by NikoBellic at 5:44pm 25th September 2008
This explains why my sodding mass effect won't work anymore!!!
Comment by Nickuk1987 at 5:39pm 25th September 2008
if i can only install a game 3 times then im never ever gunna buy a game from ea. thats pathetic.
Comment by higson92 at 5:12pm 25th September 2008
i thought everyone already hated EA so much that people didn't buy their stuff? i was so upset when they swallowed up westwood studios (command and conquer makers)
Comment by benji182 at 5:32pm 25th September 2008
and heres why nobody i know buys a game and registers it. because of friggin disruptive DRM. we're also pc enthusiasts and like to (destroy) fiddle with our PCs and OSs
Comment by thegreat0mi at 5:31pm 25th September 2008
if i can only install a game 3 times then im never ever gunna buy a game from ea. thats pathetic.
Comment by higson92 at 5:12pm 25th September 2008
Sorry, Custom PC comments are now closed.
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