Hey all; sorry for the boring topic, but I wanted to get some input. I am writing an independent study paper on an intellectual property for school and, as I am very fortunate, will have the opportunity to write about video games should I choose. I'd love to hear your topics, or any feedback you have on my current favorite topic.
One topic I'd like to cover is understanding DRM not as piracy control but license control - e.g. Ubisoft knows that ACII will be pirated regardless of what DRM they put on it (although they're moving toward the Cloud, which is another big issue). Consequently, DRM, coupled with the DMCA (which basically says you can't circumvent DRM), is utilized to enforce a contract right (license), not a copyright right proper. The kicker is that the doctrine of first sale means that when you sell a physical copy of something, the holder of the copyright cannot prevent secondary market transactions - whether or not Ubisoft likes it, you can sell ACII for the PS3 to someone on eBay. Obviously with digital distribution this is not the case.
On the other hand, cloud gaming renders all of this irrelevant by controlling licenses and pirates with likely 100% efficacy. But whether and when the full transition to cloud gaming will be complete is questionable, and the points about the first sale doctrine versus digital licensing.
Let me know what you all think; I'm looking forward to hearing your ideas.
Also if anyone mentions the phrase "console war" here I will find you and hurt you.
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