Author Topic: EA hit with class action suit over 'Spore'  (Read 33954 times)

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Offline Legodragonxp

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EA hit with class action suit over 'Spore'
« on: September 26, 2008, 10:14:49 am »
http://news.yahoo.com/s/cnet/20080925/tc_cnet/83011377231005071752;_ylt=AiaRgaVYNwFgmfibvmwPgR8jtBAF

Earlier this week, a class action suit was filed in the Northern District of California Court on behalf of Melissa Thomas and all other Spore purchasers. The suit contends that EA violated the California Consumer Legal Remedies Act and Unfair Competition Law by failing to inform consumers that by installing Spore, they also inadvertently install a program called SecuROM. SecuROM is a copy protection program that limits the number of times software can be installed on a PC. In the case of Spore, that limit was set to three (and later upped to five).

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Offline Miclee

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Re: EA hit with class action suit over 'Spore'
« Reply #1 on: September 26, 2008, 10:20:35 am »
Wow. They are whiners. EA's told everyone.

Offline Techleo

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Re: EA hit with class action suit over 'Spore'
« Reply #2 on: September 26, 2008, 10:29:04 am »
 EA will win. All EA has to do to win is establish plausibility that they could have found out. Not putting it on the outside of the box isn't necessary as long as they put it inside the box. Which they did. In several places. Due to standard return policies in most stores this whole cause is moot.

 Oh and correction to the thread title. Its suit over SecureRom. Not Spore persay :)

 P.S. I dont support SecrureRom. Nor the laws in place which protect the way companies can put DRM software on products the way they do. I do however support DRM. TO a extent. Id much prefer the way Stardocks did it. No DRM to speak of.

Offline Miclee

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Re: EA hit with class action suit over 'Spore'
« Reply #3 on: September 26, 2008, 10:31:11 am »
EA, here's something to help! :P
Find your link for your official announcement for the SecuRom. I know I saw it.
Tell them they could have looked there.

Offline Null

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Re: EA hit with class action suit over 'Spore'
« Reply #4 on: September 26, 2008, 10:43:33 am »
We knew some form was coming out with spore even before the game shipped. DUR

And why not a case on the even more restrictive SecuRom types in some of those other games?

Offline Zamaza

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Re: EA hit with class action suit over 'Spore'
« Reply #5 on: September 26, 2008, 10:54:05 am »
Huh *glances at box sitting next to computer* it's not even in the super small print on the bottom. I mean, it just seems sad.

If it had a little red sticker saying "Contains SecuRom" and a booklet EXPLAINING what that meant people would still find a reason to sue.

Doesn't the UK have a lovely system where if you sue frivolously and loose you have to pick up both sides court costs? That sounds like a good plan some times...
« Last Edit: September 26, 2008, 11:00:26 am by Zamaza »

Offline Techleo

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Re: EA hit with class action suit over 'Spore'
« Reply #6 on: September 26, 2008, 11:00:28 am »
 Doesn't have to be on the outside of the box for software. General protections for software companies and all dont have to be addressed. Although wrong perhaps its the law and whoever did this suit probably was aware of it. What they may do though is change how the laws work by getting a law passed saying it does have to be outside on the box :)

Offline Legodragonxp

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Re: EA hit with class action suit over 'Spore'
« Reply #7 on: September 26, 2008, 11:02:00 am »
Oh and correction to the thread title. Its suit over SecureRom. Not Spore persay :)

True, but I am not going to correct it since it is the headline of the article.
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Offline Uroboros

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Re: EA hit with class action suit over 'Spore'
« Reply #8 on: September 26, 2008, 11:07:03 am »
You're forgetting that we've followed the game as it was being made. Someone picking the game up off a shelf and having a brief glance over it wont know about the securom stuff. Had I bought it without hanging around first, I wouldnt have known either. Though I havent had any problems with it, myself, I can easily see why others would. Official announcements and online articles dont count if its not on the box. People shouldnt have to do research on a game prior to buying it, the info should be on there, and given what it entails, it should be in clear view. Whilst I dont think a lawsuit was necessary, what were they expecting would happen?

EA is the big bad "because I said so" corporation, so they'll probably win.
Then again, people have sued Mc.D for 'making them fat' and not adding warning signs like "Warning : Food may taste good, you may want to eat more". So who knows?

I dont have much pity for either side, though it would be nice if some kind of crystal clear line could be drawn on the ridiculous anti-piracy measures issue.

Offline Bellum

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Re: EA hit with class action suit over 'Spore'
« Reply #9 on: September 26, 2008, 12:38:25 pm »
Quote
Then again, people have sued Mc.D for 'making them fat' and not adding warning signs like "Warning : Food may taste good, you may want to eat more".


Might be because it doesn't, though.  :P

Offline SL

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Re: EA hit with class action suit over 'Spore'
« Reply #10 on: September 26, 2008, 12:42:56 pm »
It's not mentioned in the license agreement either. DRM never is. (Believe me, I've looked :P)

Offline Granite T. Rock

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Re: EA hit with class action suit over 'Spore'
« Reply #11 on: September 26, 2008, 01:08:04 pm »
Why can't they figure out a way to make secureRom internal to the Spore.exe file that only runs when Spore is running.  That would solve the problem, at least for this suit.   

Is there actually a separate securerom file running on my system all of the time? 

In court, the test could be would the average person installing the game being expected to know... not necessarily a high tech savvy person.  It will depend alot on the case law in the province that has already been established.
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Offline Yokto

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Re: EA hit with class action suit over 'Spore'
« Reply #12 on: September 26, 2008, 01:15:27 pm »
I lets the courts decide over this. Though my personal opinion is that she might be right and that i would be happy if she won. But i would not cry ether if she did not. (It would be expected after all.)

But i would like to remind you all that you probably do not know every DRM scheme that is on the products you have bought. At least if you have several of the. I know i have a lot of with some DRM but i do not know what they are and i know that there not mention. The only reason why i do not care is because i am somewhat tech swavy and can often solve any problems DRM might create. Including cracking the said product if i need to.

But in general i do not like DRM and have even choice to not buy product with DRM (or bough products without DRM like Paradox games and Stardocks.)
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Offline Cow

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Re: EA hit with class action suit over 'Spore'
« Reply #13 on: September 26, 2008, 01:17:06 pm »
Heh. Never gonna win.

Offline Crowster

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Re: EA hit with class action suit over 'Spore'
« Reply #14 on: September 26, 2008, 01:40:46 pm »
That Yahoo article is misleading as to what the lawsuit is about. It's not about the install limit, it's about SecuROM and its reputation of being possibly harmful to one's system. SecuROM, while it's being used to limit installs for Spore, is not solely  a program for limiting installs. That last few Sims 2 expansions, for example, use SecuROM copy protection, which outraged many people in that community, but it was not used to limit the installs.

The lawsuit isn't about the install limit, it's about the fact that SecuROM installs itself on your computer, can't be uninstalled without messing with the registry or completely formatting your drive, and is potentially harmful to many machines. The lawsuit is a long time coming, and I support the effort. While SecuROM may not be harming most of our machines, it has been known to be fatal to a number of systems. Even if it's not a majority of the users, it's something that needs to be addressed. After all, if our rights as consumers aren't protected, then who knows what the next form of copy protection might be capable of.

EA publishes many top games that I want to play, and that is why I want this DRM malarkey to stop. My computer doesn't seem to conflict with SecuROM too badly, but what about those who DO experience issues? What about those who have their DVD drives stop working because of it, or who find themselves no longer able to run antivirus software? And will my system be at risk when SecuROM is retired for an even newer form of DRM?