New Sony Patent Blocks Second-hand Games 344
silentbrad writes in with a story about a Sony patent that would block the playing of second-hand games. "... the patent application was filed on 9 December 2012 by Sony Computer Entertainment Japan, and will work by linking individual game discs to a user's account without requiring a network connection meaning any future attempt to use this disc on another user's console won't work. The patent explains that games will come with contactless tags that will be read by your console in much the same way as modern bank cards. When a disc is first used, the disc ID and player ID will be stored on the tag. Every time the disc is used in future, the tag will check if the two ID's match up and, if not, then the disc won't work. The document goes on to explain that such a device is part of Sony's ongoing efforts to deter second-hand games sales, and is a far simpler solution than always-on DRM or passwords. It's worth noting that Sony has not confirmed the existence of the device, and the patent doesn't state what machine it will be used in, with later paragraphs also mentioning accessories and peripherals. ... There's also the issue of what happens should your console break and need replacing, or if you have more than one console. Will the games be linked to your PSN account, meaning they can still be used, or the console, meaning an entire new library of titles would need to be purchased?"
Sony shiting on its customers (Score:5, Informative)
...customers do not (want to) know it and continue buying from these assholes.
Well, have a very nice fuck you year Sony.
Re:Sony shiting on its customers (Score:5, Informative)
Indeed. Sony is one of currently three companies I would not buy any digital equipment or software from (the other two are Apple and Activision Blizzard).
The rootkit on audio CDs and the deletion of Linux support from the PS3 are not forgotten. The patent in the article is only proof the thinking at Sony hasn't changed, it is not a new trend.
Patents work for once! (Score:5, Informative)
Officially, screw you Sony. I will never, ever, over my dead body buy another product from you, or an affiliated company.
And to their patent lawyers, please, I beg you - Make the patent watertight.
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Re:Sony shiting on its customers (Score:5, Interesting)
The worst of all is that once you've blown your console to bits and you buy another one, you have to buy all your games all over again. As always, this will hurt regular users and encourage piracy for people in this situation will feel entitled (rightly so IMO) to crack their console in order to play their already purchased games. And from that point on they will download torrentz instead of buying because they will hold a (legitimate IMO) grudge against SONY and their console is already cracked.
Apparently, shooting themselves in the foot feels good for them since they do it over and over again.
Re:Sony shiting on its customers (Score:4, Insightful)
While I hate this concept, I don't think it has that failing. Since it uses a user account instead of a console id adding the user account to the new console should allow replacing units.
Re:Sony shiting on its customers (Score:4, Insightful)
While I hate this concept, I don't think it has that failing. Since it uses a user account instead of a console id adding the user account to the new console should allow replacing units.
So when Sony decides to ban your account for <something they deem ban worthy (whether it is or not)> you also lose all your games. I bet their EULA will also contain "... by reading this line of text you forfeit your right to sue us as well as grant us the right to use your account in any manner which we see fit, including (but not limited to) claiming (on your behalf) that you did violate our terms and are very remorsefulness ...".
They will also need to pass the cost of this "feature" on to the consumer via the game console as well as a charge per game.
Re:Sony shiting on its customers (Score:5, Informative)
Believe me, I had this problem. My PS+ sub renewed with an out-of-date credit card and 3 months later I am told I don't have access to PSN. No email, no reason, just call Sony. They want me to send a cashier's check, by postage mail, to them for the amount then they will "consider" unbanning my account. I can't pay it electronically where I can be sure they receive the amount and there is no guarantee they will unban my account after they receive payment.
I sold my PS3 the next day and I'm trying to sell my PSV.
Re:Sony shiting on its customers (Score:5, Insightful)
Since it uses a user account instead of a console id adding the user account to the new console should allow replacing units.
And if your household has more than one account? You know, if kids and parents each have their own accounts? Only one of the accounts can play the game even if it's played on the same console.
This is their dream of limiting content to a specific individual. Want that song to play in your car and your home? You'll need to buy more than one copy. Both of you like having it on your MP3 player? We don't care if it is a household or if you're married, you each need to buy a copy (even if the government sees all purchases made by you to belong to both).
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And if your household has more than one account? You know, if kids and parents each have their own accounts? Only one of the accounts can play the game even if it's played on the same console.
Not necessarily. Multiple accounts can be logged into the PS3 simultaneously -- it would be trivial, once a game disc is associated with an account, to check not whether that's the currently active account, but whether it's an account defined on the particular PS3 at all.
(Not that this isn't a terribly obnoxious idea, of course)
Re:Sony shiting on its customers (Score:4, Informative)
So the Smiths get the new Medal of Duty 2012.
Okay.
Now Little Billy goes to his friends house for the weekend with the game to play it.
It won't work at his friends house unless he also brings the whole console
The next weekend Little Bobby goes to his friends house.
and the disc still doesn't work at his friend's house
The next weekend, Mr Smith brings it to a party.
...and Mr. Smith finds the game doesn't work at the party.
Who gets to play it where?
It sounds to me like the idea is that it would only be playable in the first system. I'm not saying I agree with it but it doesn't seem all that complicated to me.
Re:Sony shiting on its customers (Score:4, Funny)
Sony shiting on its customers
Film at eleven?
As usual... (Score:5, Insightful)
Re:As usual... (Score:5, Interesting)
Or you wind up like this guy:
http://arstechnica.com/gaming/2012/11/how-nintendo-drm-trapped-400-of-downloaded-games-on-my-failing-wii/
Re:As usual... (Score:5, Insightful)
A shame since I often find myself going back and playing older games from 10+ years ago.
Many times the companies who made them are long since gone.
I guess "Retro Gaming" is going to be redefined as playing last years Madden or CoD.
IANAL (Score:5, Interesting)
IANAL, but I wonder if such a patent, assuming valid, would be legal to use in the US and other jurisdicitons. There is a lot of case law describing consumer sales and what one is allowed to do with what one purchases, including resale of said goods. While Sony might have a legal patent, it might not be legal to impliment it.
As I said, IANAL, but maybe somebody who is could chime in.
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I certainly ANAL, but I can see plenty of weasels round it. You are buying the DVD, but only licensing the software. You have all your consumer rights over the DVD, but just because you can physically transfer the thing you bought, it doesn't mean it has to execute in another machine. The data, as oppose to the physical media, is licensed rather than sold, so you do not have the same rights.
Re:IANAL (Score:5, Funny)
I certainly ANAL
TMI, dude. TMI.
Re:IANAL (Score:4, Insightful)
I certainly ANAL, but I can see plenty of weasels round it. You are buying the DVD, but only licensing the software. You have all your consumer rights over the DVD, but just because you can physically transfer the thing you bought, it doesn't mean it has to execute in another machine. The data, as oppose to the physical media, is licensed rather than sold, so you do not have the same rights.
That has already been tried in numerous jurisdictions and failed. It is also why you pay sales tax on the full retail price of the DVD and not the $1.00 portion attributable to the plastic media. Sony can't have it both ways. Nor do they want that, because, that would mean that if you buy the DVD and licensing the software, you have additional contractual rights besides those from a sale, one of which would be that unless they specify otherwise, they have to maintain it until the license expires. That's not a good business model for most software companies selling consumer products as the terms are indefinite.
Obvious Solution (Score:5, Informative)
Just don't buy anything by Sony.
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Resale might be dying either way since physical media is becoming passe, but what I see a lot more of is small developers publishing reasonably priced (sub-$60) games, often without horrible DRM.
You do have plenty of options that don't include this kind of bullshit.
Re:Obvious Solution (Score:5, Informative)
Actually, yes, it is possible. In the e-book market there are books that are now prominently promoting the fact that they are DRM free as a selling point.
If this occurs in the tight assed corporate game market it will take a while, as the customers are more oblivious... but wait until Joe Sixpack from Alabama gets bit by this a few times and you'll see the Ric Romeros of the world start to pick up on it.
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I bought a book from Amazon then found I couldn't read it on my Nokia N800 using fbreader. I googled until I found how to break the DRM then read the book but after thinking about it a while I decided not to buy any more of them as it just pissed me off. I then fired up PAN on my computer and visited alt.binaries.e-book on usenet and went to town. I now have a digital copy of almost every physical book I owned. I took 20 large boxes of books to the local friends of the library group and freed up a lot o
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And avoid patent trolling by Sony? Yes.
Re:Obvious Solution (Score:5, Insightful)
If people stop buying Sony, you bet your ass their competitors will start doing something different.
I think the days when people start shopping more strategically are coming. When consumers discover the power of their choices, you will see a lot of things change real quickly. For the better. In a lot of areas of our lives.
Shop mindfully, I say. Even if you don't do anything differently, at least be aware of the ramifications of the choices you make as a consumer.
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In my house the year of the Linux desktop and the end of Sony happened years ago. What are you waiting for?
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I like the way you think.
If you want things to change, then use the power you have: the power to change yourself and the way you do things.
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Yes, unless they're willing to license Sony's new patent.
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I'm not sure that's right [computeran...ogames.com]...where are you getting that from?
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Isn't that just because so many people waited until the price dropped to buy it? The Wii was cheap enough to buy it near launch. Of course I'm not sure if hardware failure prompted more additional sales of PS3 than Wii.
It's like those movie trailers here in the U.S. that say "The #1 movie in America." Well of course, if you have a $200 million movie budget and $50 million marketing budget you're probably going to be #1 on opening weekend.
Good thing they patent it (Score:3, Funny)
because then I just need to continue to avoid SONY and it won't affect me.
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Patents can be licensed you know.
I don't see the point in this technology though. I avoid discs where I can.
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And I'll then just avoid companies who license and make use of this technology.
Considering the current state of gaming, and the rise of the Indie Dev, I now have more options then ever for gaming.
Remember Steam (Score:3, Interesting)
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Re:Remember Steam (Score:5, Insightful)
Of course I already avoid all Sony products including any subsidiaries I know about.
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Can you resell your Steam game?
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If I was paying $60 a pop for games on steam then I would expect to resell, but I'm not so that doesn't matter to me.
Re:Remember Steam (Score:4, Interesting)
#1 - when it boils down to making money it has been repeatedly observed Sony will lie, cheat, steal. The conclusion it will be tied to a machine is a more likely scenario IMHO. If we do nothing now, then we really can't complain later if the worst case does happen and if nothing comes of it then no harm was done by collectively saying "We don't want this"
#2 - being complacent and saying nothing usually results in the worst situation. If Sony does it and gets away with it, others will too. The most resent situation I can think of is the no class actions in a TOS agreement. We're all sure if challenged it won't stand up, but it didn't stop Microsoft and then many others from following suite.
#3 - The squeaky wheel gets the grease. Voicing disperser over potential situations may result in a company rethinking a particularly smiley decision. I can't count how many times where the public response to a companies "we're going to" situation turned it into a "We'd never think of" situation.
#4 - waiting until a situation occurs to complain results in very little if anything being done. Often companies will at that point will take an even stronger stance to try and convince their shareholders they made the right decision, backtracking on a decision after action has been taken makes them look weak and loses money.
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long ago i sold my used games on ebay. the price you get for them is not worth the time you spend listing it, packing it and sending it.
digital with no resale rights is a lot better and convenient and a lot of times cheaper than physical copy
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Which proves that DRM sucks no matter the form.
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Some of us are aware of that and adjust our purchasing habits accordingly.
In the case of Steam, I simply won't pay full price anymore for Steam games. I will pay maybe a quarter of the original retail price though. At that point, I'm willing to take the risk that Valve kills my account at some point.
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There is an expectation when you have physical media. If you pay full retail for something, and you can hold the installation (or game media), you should be able to sell it. There may or may not be any laws that reinforce that expectation, I have no idea... But this is why activation schemes, media encryption, and all other sorts of DRM are heavily frowned upon.
It's not a matter of typing it to you, it's a matter of tying it to you and then giving you no way to protect that. You still need the disc to pl
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There is an expectation when you have physical media. If you pay full retail for something, and you can hold the installation (or game media), you should be able to sell it.
That hasn't been the case with PC games for years now (and PC gamers stood by and let it happen with barely a whimper). They're just bringing it over to consoles now.
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Huh?
Assuming the CD key is with the materials where is the problem with it?
I have several PC games I got that way and they work fine. I guess if you have to register with steam or something that might break it.
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Huh?
Assuming the CD key is with the materials where is the problem with it?
I have several PC games I got that way and they work fine. I guess if you have to register with steam or something that might break it.
Because Sony's patent isn't about the user having to enter a key, but the console somehow modifying the disk so that the disk and console are linked and the game will only play on that specific console. Basically, once the game has been installed, it can never be installed on another console again, thereby killing off the second hand game market.
Assuming the patent is valid, it will be interesting to see what the courts have to say about the legality of using it.
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I disagree, we all complained (and still complain) about that too. "I still need a disc, and a key, and I can only install it once?"
How many times do you see that protection cracked, and subsequently cheered around here? Hint: Often.
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Steam gives you no physical media
That is true if you buy from them directly online.
OTOH if someone goes into a store and buys a copy of one of valve's recent (since HL2) games or a game from another publisher that has bought deeply into steam then they have a physical copy and yet the only way they can use it is to permanently tie it to my steam account.
IIRC initially if you installed from the disc it insisted that you both have the disc in the drive and were connected to steam (though if you installed from the internet they didn't even if
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permanently tie it to my steam account.
That should be "thier" steam account. I initially wrote the sentance in the first person but then changed it to the third person since i've personally never bought a retail copy of a steam game.
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Even in that case, you no longer need the disc after it's installed. You will always be able to play the game through Steam.
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Though it was a recent legal battle, in at least in one European country Steam has to allow resale of purchases. Don't know when it is coming into effect or if it will proliferate to other regions, but it is a battle fought and lost by them.
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I've not heard of this before, nor does Google give me any results: Where are your sources? Why are people modding you 'Informative' when no sources have been supplied?
Here you go. http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202561924057&EU_Court_OKs_Resale_of_Downloaded_Licensed_Software&slreturn=20130004105755 [law.com]
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This is not doing "pretty much what Steam already does on the PC". The only thing they have in common is that games bought with it cannot be sold second-hand.
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PS3 games cost about 50-80 USD (twice that were I live).
Steam games cost 7-15USD.
AFAIK, Steam also allows you to resell/gift games.
Also, you need a Sony console to play their games. Steam works on any windows-based desktop (and soon, GNU/Linux)
I hate Steam, and avoid it like the plague. But Sony is worse by far!
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And consequently, Steam is constantly running discounts. Also, Steam is exactly what you said: a service. It allows games to be downloaded and installed to hard disk without the hassle of going to a store or using physical disks. The Sonyscheme doesn't offer anything, so the onl
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I think this is because steam sells cheap games. I have had a steam account since it opened. I still will not risk full price and any game I really expect to like I get a physical copy of so that I can crack it if the day comes that Valve burns me.
I pretty much stopped buying games, until they added linux support. I am more than willing to risk $6 on Serious Sam 3, even if it means I might one day lose access to the game.
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I can play my games offline.
I can play my games on ANY pc,
I get my games dirt cheap during sales. usually for 50-75% off retail. ( I have not paid more then 30 dollars for any game in years now, and I own all of the big titles that I want.)
I do not have to keep track of the media.
I do not have to keep track of CD keys.
They allow me to backup the games.
I do not have to have a cd in the drive while I am playing.
So I do not have a meth
This is Sony we are talking about here (Score:2)
It's Sony... (Score:3)
It's Sony. It's stupid. Why does anybody still buy their crap ? Why does anybody buy any sort of crap like this ?
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I stopped buying Sony several years ago for this and other reasons. I just laugh when I see them pull more of this crap now.
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Some (most) people don't read this kind of news and don't know what they're getting into when they buy a console. If anything, it legitimize piracy because piracy becomes the only way to play your games. After the thing is cracked, who cares what DRM was there originally?
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Some (most) people don't read this kind of news and don't know what they're getting into when they buy a console. If anything, it legitimize piracy because piracy becomes the only way to play your games. After the thing is cracked, who cares what DRM was there originally?
It doesn't legitimize piracy. However, it does help explain why piracy exists.
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in the same way the tobacco industry needed to recruit new young smokers to replace those killed by their products sony needs to replace those that are driven away by restricted hardware.
the kids and parents that buy the ps3 are those that haven't experienced the lockouts and restrictions enough to realise there are better companies to support.
on the plus side sony stores around dublin seem to be closing and their sales are slumping so maybe the message is filtering down.
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They are the least terrible option. People who like to play with custom arcade joysticks, for example, have no choice but to buy a PS3 or do some ugly pad hack for XBOX 360. Sony allows 3rd parties to make controllers for the PS3 without license, Microsoft does not.
Simple 1 step solution (Score:5, Insightful)
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Leave it to Sony (Score:5, Funny)
Always behind on technology, but on the cutting edge of evil.
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Really? PC game vendors have been implementing anti-resale measures for years. Console vendors are just starting to implement them.
Behind on technology? (Score:3)
Where have you been? C'mon... the walkman, trinitron ... minidisc!
Okay, sure minidisc wasn't popular in the US ... and they tried keeping CRTs around for too long due to trinitron ... but back in the 80s and 90s, Sony was way ahead in technology.
Even their laptops were considered years ahead in design 'til Apple put out the TiBook.
So, if you said 'behind on technology for the last 15 years', sure, I could agree ... but *always* behind? no. I mean, they had some of the most advanced rootkits for their tim
Headline is Wrong (Score:2)
Should be:
New Sony Patent on Blocking Second-hand Games
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Should be:
New Sony Patent on Blocking Second-hand Games
At least this one is not a big giant and blatant lie.
Is someone forcing (Score:3)
you to buy Sony toys? No? then STFU AND STOP BUYING THEM.
Boycott (Score:2)
I just don't understand why people put up with this crap and don't just boycott Sony?
Personally I avoid all DRM and walled gardens like the plague for this very reason.
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I just don't understand why people put up with this crap and don't just boycott Sony?
One reason is that Sony doesn't actually block sales of games, but they have a patent on blocking sales of used games. Which means Sony can or can not use that technology, as they choose, but everyone else can _not_ use this technology anymore without permission from Sony and without paying license fees to Sony. The second part is surely a good thing. The first part is fine as long as Sony doesn't use this technology.
Dead on arrival? (Score:3)
This patent seems a bit pointless. The future lies in digital app stores.
UK statutory rights (Score:3)
I'd consider it a very clear fault if a game that I purchased doesn't work after I had to buy a replacement console for a broken one. And since the fault was intentionally built into the game, having to prove the fault was present is no problem. So stores in the UK and elsewhere in Europe will be very, very, very unhappy with this. I'd also consider it a serious fault if I can't sell a game because it doesn't work on the console of a prospective buyer.
I guess I am done with consoles (Score:2)
The Wii U is not interesting to me, if the PS4 uses this I will not buy it and I flat out will not have Microsoft products in my house.
Maybe I should look into that OUYA thing slashdot keeps advertising.
Ah, Sony doesn't want to stay in business then (Score:4, Insightful)
So, I have seen the light and realize that Sony is a company that will do more harm to itself then good and therefore deserves to be losing the billions it does.
Sony's gaming division is the only thing Sony has left. They lost in the consumer electronics race for TV's, home audio, mobile audio, eBook readers. I mean the last 20 years of Sony's history has been about failure more then success. However I don't think Sony will create a decent product in the PS4 if this is the direction they are taking by creating consoles that will reject used games and require some kind of network registration to play a new game for the first time.
Sony should do one of two things, either sell off the hardware to Samsung, or sell off their entertainment divisions to Hollywood. By trying to be both a hardware manufacturer and content provider, Sony has always been at odds between trying to protect their content and creating innovative devices, they are failing to do both now.
Sony stopped trying to make the best products and instead are only succeeding in becoming the world's best asshole company, which is amazing given that Apple exists,
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My response to Sony would be (Score:2)
thanks for the compliment and fu-2.
This is only going to bite them on the ass. (Score:3)
This would not only kill the 2nt hand market, it would kill the rental market. I think Sony will find less people will buy a PS4 (if this as implemented in it) since they can't sell old games, buy used games, or rent games. Sure, the Hardcore PS fans will still buy the PS4 and new games, but only they will.
Plus if Sony thinks they will go 4 years before they new machine is hacked to play backups, they are in for a rude awakening. My guess is Sony will have a huge target on their back this round.
And this attitude that Sony has towards it's customers helped me quit playing EQ2 after 6 years. There was NO way I was going to pay them any more money for anything.
Dongles (Score:2)
There goes my PS3 party (Score:2)
About more than just Sony (Score:4, Insightful)
There's a lot of Sony-hate swirling around the comments on this story. Believe me, I can understand that. This isn't exactly the most pro-consumer technology ever to have been patented (though as yet, Sony haven't said they intend to actually use the technology).
However, I actually see this as symtomatic of a wider problem for the video games industry; very few people are making money from it. Sony makes some pretty thumping losses these days; their gaming division is one of the better performing parts of the company, but it's still a long way from where it was in the last console generation. Nintendo's making some pretty big losses; it had to overturn a long-held hardware-at-a-profit business model to get any kind of installed base for the 3DS, has had to continue to sell at a loss on the Wii-U and faces an uncertain future of the Wii-U doesn't get traction. MS's situation isn't quite so bad, but its stock price has been flat for a decade and if it had the same currency issues that its Japanese competitors face, then its situation might be just as bad as theirs.
The situation's hardly any better in the land of games development. Big developers like EA struggle to turn a profit despite trying every trick they can think of (day-one DLC, online passes, season passes etc). Their few guaranteed cash-cows like the annualised sports series and modern military shooters are basically the only reason that the more interesting games they put out can continue to appear. Mid-sized shops like THQ which don't have those cash cows are in very unpleasant places indeed. A couple of companies like Zynga and Rovio manage to get-rich-quick on the basis of low-budget titles that strike it lucky with the zeitgeist, but they increasingly look like one-hit wonders. And for every indie studio that produces a hit, there are 99 that produce forgettable garbage before vanishing into obscurity. It's even worse over in Japan, where all but a few of their developers have given up on true global competition, focussing instead on the same domestic kids-and-otaku market that most anime is produced for. Some people are clutching at free-to-play/pay-to-win as a potential solution, but that bubble's already bursting.
And retail? Here in the UK, our biggest specialised retailer (Game) went into administration during 2012. Sure, it got rescued, but it doesn't seem to be doing particularly well since then either. Its most direct competitor (HMV) looks like it won't survive the next few months.
Make no mistake, stuff like this latest Sony patent isn't thought up by plutocrats sipping champagne as they lounge on top of a Scrooge McDuck style lake of gold. These are desperate moves to stay afloat in what's become, over the last 3 years or so, a very unfriendly industry.
People moan about the price of games, but these are, in real terms, substantially lower than they were a couple of decades ago, when development costs were a fraction of what they are today. What I'd actually welcome is a company which is prepared to say: "We won't do any of this evil stuff like anti-resale measures or day-one DLC - but for those games with high development costs, we will accordingly charge a higher price than you've gotten used to paying". The prices of Wii-U games are noticably higher than those for the older platforms - but unfortunately, most of them are very thin pickings compared to other games, or are already available on other platforms with a much lower price.
Re:About more than just Sony (Score:4, Interesting)
How did stuff like SimCity and Civilization get made in the good old days? I'm guessing they didn't need such an enormous budget. RollerCoaster Tycoon was almost completely programmed by Chris Sawyer. I'd put up with less of their shiny 3d graphics for games that are just fun to play.
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Here's an idea (Score:3)
Every day, grab one patent attorney and cut his or her fucking head off and post it on YouTube. Every day. Until their behavior improves.
Fuck them. (Score:3)
Sony was already on my boycott list with Activision, Apple, and Walmart. But here is a list of their subsidiaries from wikipedia. [wikipedia.org]
Screw Sony (Score:3)
All this will do is hasten the return of PC gaming. Especially with the surprisingly good F2P out there. Look at World of Tanks, (and the beta World of Warplanes, lotta fun there), Then checkout Hawken and MechWarrior Online for a little giant robot battle action (ok not really robots).
Granted you can spend money on these games but you don't gain any real advantage (besides faster xp and credit accumulation).
Screw the Consoles and their ridiculous DRM.
Re:Fine, but not the problem they should be tackli (Score:5, Insightful)
The 2nd hand market exists because the price of games are too high.
Second hand markets will continue to exist, no matter what the price of the new product; so dropping the price of new games isn't going to solve that "problem". I do wonder what effect abolishing the second hand market would have on new games sales though - nievely you might say that new sales will increase because there is nolonger any competition, but that ignores the fact that the customer only has a finite amount of money. Lots of people fund their new purchases (in part) by selling stuff they no longer want, if they can't sell their old stuff they have less money to invest in new stuff. I'd certianly be less inclined to blow £50 on a game if I knew I could never sell it, and similarly less inclined to spend £hundreds on a console if I knew I could never buy any cheap games for it. (But then maybe I'm wrong - I'm not a gamer, I can think of far more fun things to do with my time and money than sit in a darkened room in front of a console for hours on end).
Re: (Score:2)
I'm sure any attempt by Sony to prevent second-hand sales will be highly contested in court on the first sale principle. So if they persue this an injunction will be pushed through while it sits in the court.
That might be difficult. I have the right to sell the wallpaper that I put into my living room to you, but I just can't remove it and give it to you in a useful condition. Anyone using this patent could say "You are free to sell this game. It just won't work on any console other than the one it was first played on, so good luck selling it". And this wouldn't stop you from selling the console and all your games together.