Rage over 'Spore' DRM turns into class action suit

By Tim Conneally | Published September 25, 2008, 12:51 PM

EA has been sued in the Northern District of California over DRM software placed in its evolution simulator game Spore developed by Will Wright and Maxis.

Though the game itself is regarded very highly, any praise it has received has been greatly overshadowed by the public's vexation at the SecuROM copy protection that caps installations at three. In the midst of public complaints, EA later increased the install limit to five.

On Monday, EA was accused of violating the California Consumer Legal Remedies Act and Unfair Competition Law for failing to disclose that installation of Spore installs the SecuROM copy protection program as well.

The complaint is reminiscent of the 2005 class action lawsuit against Sony BMG in California for its use of rootkit-style DRM techniques on audio CDs. That suit cited the same laws, in addition to the Consumer Protection Against Computer Spyware Act.

As the complaint filed Monday reads (PDF available here, courtesy Courthouse News), "Although consumers are told that the game uses access control and copy protection technology, [they] 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...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 filing asks for a class action where all plaintiffs are refunded their $49.99 purchase price plus damages for the unwelcome installation on their hard drives.

According to TorrentFreak, Spore has earned the title most pirated game, and gauged strictly by the number of illegal downloads of the title, EA has already lost over $25 million in sales. Yesterday, EA said Spore has sold over a million copies since its September 7 release.

Comments

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If you put DRM on it...

It will be mercilessly hacked, cracked and distributed...just due to the principle of it.

And thats just our hacking/cracking group...

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problem is if you don't put it in it will be pirated anyway. EA has to know that, this is why I think they have other reasons for putting it in.

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So the game WILL be pirated with or without DRM. Except that with DRM, potential buyers will get majorly pissed off.

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yup and if EA actually doesn't know that then god just lost $20. Actually, taking into account current economic events they could claim it's the will of xenu and I won't be too surprised.

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and they wonder why people pirate there s***, it becoming safer!

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I know people that have or plan to buy the game, then install the illegal download version USING their purchased CD-KEY to circumvent the annoyingness of the DRM.

Isnt the point of DRM to prevent piracy? then this DRM is an absolute failure. BECAUSE of the DRM the pirate version is more available since there is more demand for it. The pirate version has a trouble-free installation with the DRM removed from it.

So i ask you what did it actually acheive? It punishes, frustrates, confuses, limits and upsets the honest people that choose to buy the game.

When will they learn?

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We have to support software companies.

but why do I need that damn CD/DVD just to play the game.. It already took 10G of my HD to install....

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I know people that have or plan to buy the game, then install the illegal download version USING their purchased CD-KEY to circumvent the annoyingness of the DRM.

Isnt the point of DRM to prevent piracy? then this DRM is an absolute failure. BECAUSE of the DRM the pirate version is more available since there is more demand for it. The pirate version has a trouble-free installation with the DRM removed from it.

So i ask you what did it actually acheive? It punishes, frustrates, confuses, limits and upsets the honest people that choose to buy the game.

When will they learn?

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exactly...

Are you listening you corporate morons?

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it's to prevent people from reselling the games. Unless they have some numbers that say the avg user does not know how to bypass drm, they would be morons to think drm prevents piracy. Bottom line there is something more going on then meets the eye i think

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Gee, and to think that the superiority of Windows was largely based on its ability to run such games....

Enjoy!

Although, I 'm not quite sure what the fuss is about. Its just another reason among many to reinstall your system every month or so.

Is there something new here that they aren't telling us?

;-)

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You'll find any excuse to troll windows nowadays, won't you?

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Haven't you heard? The world IS Windows!

...And miss an opportunity to spread the gospel according to your precepts? ;-)

Besides, you have explained to us heathen who expect more from an OS that our thoughts are heretical - and such technology impractical, despite it being readily available on many other platforms...

Hell, you know how choices konfuz dem Windows folks!

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*yawn*

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And to think you are beginning to understand the reaction of so many to the Windows fanboys who fail to see so many weaknesses and instead simply preoccupy themselves with others who dare to prefer other systems.

It would be much nicer if each platform could be viewed from an objective position of strengths and weaknesses with the emphasis on identifying and correcting weaknesses.

But considering so many fail to think Windows has any... oh well...

yawn...

;-)

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Agreed. Windows (including Vista) does have its good points, but it certainly doesn't live up to its potential and much is lousy about it.

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Nope. Just bored with your inane BS. :)

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LOL!!!!!
You dont even do that...

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Looks like EA has stepped in it this time. After reading the complaint I find that not only can EA be up the creek without a paddle on the state level they are pretty close to doing so on the federal level. Any tampering with the Kernal of an OS without owners consent is hacking. It doesn't take much logic to figure this one out.

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Learn the difference between hacking and cracking, as well as the different versions of hacking.

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Anything having to do with Sony, I do not buy, No game is worth supporting Sony and the kind of deceitful things they do, i.e. cd music rootkit, and the likes.

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...yeah...and Apple, and MS, and Oracle, and Dell, and Symantec, and McAfee, and ...and...and...and...

I am so amazed that people do screwy things! I am going to boycott the world! ...and hold my breath...

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Cool, go for it.

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I am going to boycott the world! ...and hold my breath...

Most sense you've made in months...

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emotions trump logic and confirmation bias manages to make one unaware of it.

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Yeaaaaa, peace and quite!

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LOL I just knew this was going to happen.

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Though the game itself is regarded very highly

Huh? Maybe on fake sell-out sites like Gamespot, but the overall ratings are AWFUL. Several friends have informed me its a lousy game and I have yet to see a read a single positive review from an independent source.

And PC_Tool, does the user manual or anything that Spore installs provide a link to this official SecureRom remover? If not, then EA is guilty as charged. While I don't think that a lawsuit will be very successful, since when has NOT taking action helped protect the consumer? If you don't send a message they'll take it as acceptance.

No rootkits, no $50 game rentals, no corporate spyware. Its your PC, not theirs.

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*laughing*

I knew you people would instantly assume I'm arguing for EA....

While I don't think that a lawsuit will be very successful,

My point and the entire reason I posted the facts that the main complaint was factually incorrect.

And PC_Tool, does the user manual or anything that Spore installs provide a link to this official SecureRom remover?

Are they required to? By what law?

If not, then EA is guilty as charged

Hardly. Which is why I sighed at the end of my post. They ruined their chances by basing their main complaint on utter BS, when the 8rest* of their claims would likely have been enough to at least make for some interesting legalese. As it is, now, it'll likely be thrown out.

And don't get me wrong...that sucks.

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Why is that?
Because you cited an EXISTING real world example?

No! ;-O

At least it wasn't AIX. That works.

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Not making sense, FTL!

You're losing it, Foxxy...if ya ever had it to begin with...

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If you liked the Sims or Simcity then chances are you will enjoy Spore. The Sims was alright in my book but I liked playing Simcity back when I got bored of my other games cause it was a no brainier and I got to use my imagination. Spore is a great mix of both, but a bit to deep on the space side as first appearance it is very confusing. But I do however enjoy the game and read many ratings of 80% or higher on the game. I have also recommended the game to several friends who have responded with i love the game but the space age part is a little slow and confusing. Which is agreed my many. But the overall game is actually fairly well liked.

Just because your opinion is you dislike it, does not mean there aren't people like me and my friends and those who have gave the game a good rating. We do exist, you are not god, nor is your opinion the golden rule.

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?????

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I bought and downloaded the game from EA and never saw anything about the DRM.

I guess I don't really care about the DRM, I can play the game and that's all I really care about.

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wow ... all this fuss over a piece of sh*t game.

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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."

TIM, while the quote is correct, it is useful to note, perhaps, that it is factually incorrect.

There is an uninstall utility for SecureROM that can be downloaded from many sites, which was written and is supported by the makers of SecureROM.

This is actually why many believe this case will *hurt* the cause rather than fight it. Their main beef just happens to be a flat-out lie.

*sigh*

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PC_Tool,

Having an uninstall utility available on a website somewhere in cyberspace is not the same as having it on the disc to begin with.

Any half decent lawyer will be able to make a good case for the uninstaller being an afterthought designed for CYA, rather than it being a tool to help users remove the DRM.

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Let me quote it one more time for ya:

SecuROM remains a fixture in their computer unless and until the consumer completely wipes their hard drive through reformatting or replacement of the drive.

This is not factually correct. The utility exists and is easy to get. it has existed for a few years now as I understand it. (Google "uninstall SecureROM", if you doubt this)

End of story.

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Sounds like the many abortive Acronis True Image installs that leave artifacts such as "the Acronis hardware explorer" in your system - that even registry scans and uninstall procedures miss. Of course, we could also mention Roxio, but hopefully by now, no one is silly enough to try it...

Oh, the joys of Windows.

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Tool - that involves yet another choice!

And you KNOW how those Windows users fear choices!
Well, I am not sure they fear them, but you have taught us how they are konfuzd by them!

YOU, of all people, should understand that!
;-)

You make this SO easy! ;-) ;-)

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PC_TOOL - while it is true that you can get an uninstaller for SecureROM on the internet, I think the issue will hold up in court. There is not explanation of this in the documentation not is the uninstaller included with Spore. Some (read most) people that use computers are lucky if they no how to uninstall something by using the tools included with the software or Windows. That number gets a whole lot smaller when they have to go find a way to uninstall it by doing searches on the internet.

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Wow. Go talk to some regular Windows users, not your small circle of acquaintances.

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Wow.

One track mind, much?

Get over it, man.

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There is not explanation of this in the documentation not is the uninstaller included with Spore.

Again, I ask; Is this against the law?

Some (read most) people that use computers are lucky if they no how to uninstall something by using the tools included with the software or Windows.

Who's fault is that?

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Yeah. poor uninstall routines are the fault of the OS.

Troll on, Foxxy...

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A FUBAR, or is that more accurately a SNAFU registry is.

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So if someone added strings to a config file in AIX, or HP-UX, or any other flavor you like of any POSIX-based OS, and then didn't btoher to remove them upon removal of the software, it'd be the OSes fault, right?

You aren't even amusing anymore...

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I was expecting the suit to be about the manual stating you can have multiple users when you can't.

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This Spore release is a disaster!

Who in maxis had the wonderful idea of including an uninstallable SecuROM and a three installation limit?

He must be fired.

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maxis doesn't have much say in it. It is EA that puts it in.

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I think the right measure of EA lost according to my crystal balls and wet finger if more around 20 billion dollars.

I'll stick with that till the end of FUD.

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Funny how it's Sony's DRM malware yet again (SecuROM) involved in an anti-consumer law suit!

This DRM has nothing to do with stopping piracy and everything to do with destroying the second hand game market.#

http://en.wikipedia.org/wiki/SecuROM

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"This DRM has nothing to do with stopping piracy and everything to do with destroying the second hand game market."

Yeah because Sony twisted EA's arm to get their malware on EA's products so they can destroy the used gaming market, and EA doesn't care about making money.

I think it's more likely that EA chose to include DRM software because they want to make money and they chose SecuROM (which of course backfired). I don't agree with their choice either way.

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ea has been going down the drain for some time now. they are all about the money. they could care less about gaming or gamers. they dress up the same game a little and re release it as new. tiger woods, madden and on and on. i stopped buying their crap years ago over their greed. instead of great games that sell them selfs, they add things to track installs in an effort to bilk as much as the can out of the consumer. shame on them. look at cod4. no problems their.

and for all you apple users who dis windows, your lost in your own delusions. so you like to be ham stung by using proprietary software. pretty dumb. you must like only being able to use about 10% of the software thats out their. yes some of their crap is a little better. again, very little. itunes. what a bilk you for billions joke. but i guess if all you want to watch is mkv video or get ripped buying music for twice the price of buying the album on a CD at the store. knock your selfs out. ill go with lossless on the zune any day over the crappy apple s***....
the free OS's aren't much better for content. but at least they are open source and are trying to tailor to the consumer. lets talk about Linux. a great OS. if your running it at a factory to run machinery or in the military for the specialized weapons platforms. its all about being all for the task with nothing extra. its why its so stable and still used.
4 million line of code in widows vista to provide an astronomical amount of thing it can do. and ive never had a problem. its funny how apple's entire selling strategy is to blast windows. funny how Ive never seen a commercial by them thats said anything about what they have to offer. " I'm a mac, im PC" yawn...sound like obamas campaign. "change". OK what do you what to change? uh the Bush-McCain policies. ??huh?? the only thing they have in common is they are republicans.
so take your apple down to the voting booth so you can listen to your music wile you vote for obuma....the lawyer. and before you get your racist panties in a bunch. i don't have a problem with the color of his skin. i have a problem with him. hes an empty suit just like apple. id vote for Condoleezza Rice or Colin Powell. they have done for the rest of us. the bum became a senator just so he could run for president. how lame.

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