There's been a fair bit of talk about online DRM lately, especially with the advent of Ubisoft and EA's latest systems (including EA making themselves look rather ridiculous by claiming that their DRM wasn't really DRM). With all the criticism directed at DRM lately, apologists have been popping up out of the woodwork to try and convince us that DRM is "necessary" or "isn't so bad".
In the process, however, a number of half-truths, myths, misconceptions and outright lies that have been circulating, and I hope to be able to debunk some of them here.
Everybody/the vast majority of gamers have an internet connection.
Untrue. A 2009 survey conducted by Nielsen Online revealed that just 52% of Europeans and 74% of North Americans (i.e. USA and Canada) have access to the internet. And although 74% of North Americans have access to the internet, barely 57% of households in the United States have access to broadband internet.
The situation in Europe is not much better. There are large swathes of the UK, France and Germany where DSL internet is still not available, and even in remote areas with high-speed internet the full speed is never guaranteed due to the distance to the exchange.
EA/Ubisoft/Valve/Zuxxez will never go out of business, so their activation servers will never be switched off.
Untrue. Companies in the video and computer game industry come and go all the time. A few are well established, most don't last more than a decade. Recent experience has shown that a long existence provides no protection against bankruptcy - ask Factor 5 and Ascaron, both of whom based in Guetersloh, Germany and who were in business for 20 years. EA, Ubisoft and Valve are indeed well-established, but you never know when the financial pressures will become too great.
One of the greatest misconceptions in the gaming community is that a company will continue to support their games until the day they close their office doors for good. As a rule, however, publishers only support games for two to three years, perhaps less if the title in question is unsuccessful. Sega have been known to deactivate matchmaking servers for their PC titles within a relatively short space of time (Sega Rally, Outrun 2006), and the same applies to EA Games.
There have been exceptions in the past. Nintendo famously supported the original NES until a couple of years ago. Blizzard continues to support Diablo 2 and Starcraft. These, however, are exceptions to the rule and support for games usually ceases within three years at the latest.
The problem is here that publishers are only liable per the EULA and consumer protection law in the majority of cases to guarantee that their games will work for either one or two years. In many countries, what happens to the game thereafter is not the problem of the publisher. If it becomes unprofitable to continue supporting a certain title, the publisher will cease supporting it. In the game of EA Games, for example, support usually ceases relatively quickly of their sports titles to encourage gamers to buy the latest edition.
A further problem is that DRM services are often provided by a third-party provider. While Ubisoft have since opted to make use of their own internal servers, as have Zuxxez, many 2008 and 2009 titles from EA Games and Atari make use of the online version of Sony DADC's SecuROM, meaning that continued activation support is dependent not only on the publisher but also the DRM provider. If the service agreement between the publisher and the DRM service provider is terminated (due to expiry, dispute, the insolvency of one of the parties), it will no longer be possible to activate the title in question. The same applies to Steam - should the publishing agreement between Valve and the publisher be terminated, it may well be possible that you will not be able to access your games.
EA/Ubisoft/Valve/Zuxxez/[insert publisher here] will release a patch at the end of the day when the activation servers are deactivated.
Partly true. A number of companies (Ubisoft, Zuxxez, Valve) have publicly stated that they will release patches or software that will enable the games to be played years down the line should the DRM no longer be supported. Others (EA Games, Atari) have been relatively silent on the matter.
However, statements in forums and customer support e-mails do not count as being legally binding, as it is often too difficult to prove that the statements in question are genuine. The only legally binding document that you have recourse to as a gamer is the End User License Agreement or EULA, which lays out your rights and responsibilities as a contract partner. Most are fairly obvious (don't pirate the game etc.), others are not.
What is interesting is that some companies (e.g. EA Games) do not include their obligation in the EULA to release a patch deactivating the DRM in the event that the servers are shut down, even though they do mention that the license is terminated should the user attempt to circumvent the copy protection. Others, such as the Steam Subscriber Agreement, explicitly distance themselves from any obligation to release a so-called 'standalone' version of the game should it no longer be possible to activate it.
If their fail to make good on their promise, you can use illegal cracks anyway.
Partly true. It is indeed true that while the circumvention of copy protection systems is illegal, most copyright laws would permit it if it is necessary for the fulfilment of a contractual obligation. A EULA is not time-limited, meaning that it does not expire. If activation servers are deactivated at a later date and you wish to continue using the software, and the publisher does not release a patch deactivating the activation requirement, you are entitled to take appropriate corrective measures yourself (e.g. use a crack) or terminate the agreement (which would mean that you are no longer permitted to use the software - only an idiot would opt for this).
The problem here is that the use of cracks carries its own set of risks. Cracks developed by hacker groups are sometimes host to viruses, trojans or keyloggers, even if the crack itself is genuine. Furthermore, as cracks are developed by reverse engineering the game in question, it is very possible that the crack may contain errors or bugs not present in the original software.
Of course, there's also the possibility that such a crack simply doesn't exist. One of my favourite PC platformers, Lomax the Lemming, is unplayable today thanks to an over-zealous CD-based copy protection system that does not play well with Windows XP, and the only way around this would have been a crack. Unfortunately, there isn't one, so I'm flat out of luck.
DRM is necessary to prevent piracy/DRM is uncrackable.
Untrue. Since these two claims are closely intertwined, I thought I'd kill two birds with one stone here.
Publishers and DRM apologists have often claimed that DRM is an indispensible tool in the fight against the unauthorised copying of software. They claim that CD key/disc-based protection has been ineffective in the fight against software piracy and that more drastic measures are necessary to combat the threat.
The problem is that copy protection, whether of the online DRM sort or a more conventional CD/DVD check, always relies on the same approach - a key authentication system embedded in the code or in a library file. The difference between a traditional CD/DVD check and online DRM lies in the source of the authentication key - in the former, the key is located on the disc, in the latter, on a server provided by the publisher. Whichever method is chosen, it is a given that the bare, unencrypted code required to authenticate the software will at some point be located in memory and thus can be replicated.
This means that any DRM or copy protection system is crackable by its very nature. Some games are cracked more quickly than others, because the DRM used may be identical or highly similar to forms used in other games. Since Half-Life 2 and Spore, for example, it has become very easy for hackers to release games stripped of SecuROM and Steam.
Cracking involves modifying the code in such a way that this check is bypassed or the code is stripped entirely. Whether the key is obtained from the CD/DVD or the activation server, hackers simply ensure that the check is not necessary to begin with.
This shows us that DRM is not necessary for the prevention of piracy. If the claim had been that it affects "casual piracy", then I might be more inclined to agree, but since the advent of DRM the approaches taken in casual piracy and mass piracy have become more or less the same. As it stands, piracy has sadly proven highly resilient to the introduction of DRM, whereas legitimate users continue to be punished.
DRM is necessary to prevent used game sales.
Some publishers have likened the resale of used games to piracy, which has caused quite an uproar in the past. There are nonetheless apologists that defend this position, which is untenable for two main reasons:
1. For a game to be resold, it has to be bought new in the first place. Furthermore, market forces dictate that a seller of a used game will determine their price based on the price of the new product. They wish to obtain the maximum amount possible and will usually offer just a few dollars/euros/pounds discount on the price of the new product. Thus, there is often little incentive to purchase a used copy of a very recent game.
2. The resale of boxed games is protected by law in many countries, including the United States (first-sale doctrine) and Germany. Some EULAs state that you are not permitted to resell your software, but this is in contradiction with consumer law in many countries and is thus unenforceable. The reason for this lies in the nature of the way games are sold. The legal conditions surrounding the sale of services is different to those regarding the sale of products in many countries, and (boxed) games are sold as products due to their tangible nature. Their classification as products means that they are also subject to appropriate consumer protection laws, which permits the resale of such products. If games were classed as licences (and thus services), publishers would more than likely be subject to higher taxation. A recent court decision in Germany affirmed that while there is no obligation to permit the resale of games purchased via digital distribution, the resale of boxed copies is still permitted by law.
You can sell your games.
Mostly untrue. You would be amazed how often I hear this argument and the above claim mentioned in the same breath, even though they contradict one another.
There are two situations that need to be discussed here, depending on the DRM form used. For the purposes of this article we will talk about system-bound and account-bound DRM.
Account-bound DRM systems bind the serial number of a game to be bound to a non-transferrable account. Examples of these include Steam and Ubisoft Online Services. An account usually includes a number of private details, including name, address and possibly bank details. Steam in particular forbids the resale of accounts, and will only transfer a serial number to another account for a fee. A copy of the receipt for the game must also be presented. This fee prevents the resale of games being worthwhile, which I suspect was the thinking behind it.
System-bound DRM systems bind the serial number of a game to a particular hardware configuration. Examples of these include SecuROM and TAGES. Most system-bound DRM systems restrict the number of concurrent installations, although the majority these days allow for the revocation of activations upon deinstallation of the game. Even with the revoke system, it is impossible to guarantee that the game's serial will still have enough activations when you purchase a used game.
As you see, the binding of a serial number to an account (which is becoming the norm in DRM these days) makes the resale of a game impossible, and even the binding of a serial number to a certain PC configuration carries its own risks, as you have no way of knowing if you will be able to play the game.
DRM offers advantages that we wouldn't have otherwise had, such as not having to have the CD/DVD in the drive, cloud saves etc.
Untrue. It is a fallacy to believe that DRM was necessary to offer these features. It is not the DRM system that enables this, rather these features are the result of a conscious decision taken to 'sell' DRM. They are perceived bonuses provided by the publisher as a trade-off for the use of DRM.
There are, however, numerous DRM-free games that do not require the insertion of the game CD or DVD to play - the Unreal Tournament games, the Blair Witch games, Ascension to the Throne and Street Racing Syndicate all work perfectly without a CD, DVD or illegal crack.
Cloud saves can also be provided alongside a more conventional saving system. Ironically, it is the much maligned Games for Windows Live that offers the best implementation of this, as many GFWL games provide the means to either create an online profile bound to your GFWL account (thus saving your game on the GFWL server) or to create an offline profile whereby your games are saved on your local computer. This feature is used in games such as Quantum of Solace and Batman: Arkham Asylum.
The only people that complain about DRM are pirates.
Untrue. This is an argument that basically states 'you disagree with me, so you must be my enemy'. I think the problem with this logic needs no explanation.
As mentioned above, DRM is usually cracked relatively quickly, so pirates are inconvenienced for several days at the most. This means that pirates are, in the long term, unaffected by the DRM applied to a certain title, giving them no cause for complaint. I have yet to see a major title that has not been cracked to date.
Honest consumers, on the other hand, have every cause for complaint. Logic dictates that counterfeit products should be inferior to the genuine article. Let's say, for example, someone buys a fake Rolex gold watch. These watches are not made of real gold and are poorly built, so they lose their luster after a while, may even rust and cease to work. The genuine Rolex gold watch is a product of quality, guaranteed to work for longer and look better.
Unfortunately, the inverse applies to games with DRM. DRM-infected software is, by its nature, inferior to the counterfeit article, as the counterfeit product is identical to the real product but is not subject to the same restrictions in usage. This makes the use of a counterfeit product more attractive and rightly angers users that wish to invest in the genuine article.
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