EA Asks Gov't To Dump Ridiculous Langdell 'Edge' Trademarks

from the about-time dept

Earlier this year, we wrote about Tim Langdell and his claim of owning a trademark on the word "edge" when used in any kind of video game. Of course, Langdell last came out with a game himself in 1994, which makes the whole trademark claim pretty iffy. You need to be using your mark in commerce for it to be valid. Instead, Langdell just seems to be trying to stop anyone else from using the word "edge." Thankfully (as a bunch of you sent in), EA has finally decided to stand up and ask the USPTO to dump Langdell's trademarks. Beyond claiming that the marks are abandoned, EA is also claiming that they were obtained through fraudulent means. Either way, it seems that the basic "moron in a hurry" test should knock out most of Langdell's claims. It's too bad how rarely that test is used...

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Judge Says Video Games Can Use Sports Stars Likenesses

from the protected-by-the-first-amendment dept

Earlier court rulings have found that sports leagues cannot stop videos games from using player stats, since that's factual information. But, what about player likenesses? Many had assumed that was still forbidden without a license, but a new court ruling has found otherwise. Former football player Jim Brown had sued EA, claiming the use of his likeness violated his rights, but a district court judge has dismissed the case, saying that video games are "expressive works, akin to an expressive painting that depicts celebrity athletes of past and present in a realistic sporting environment," and thus are protected by the First Amendment. The case will almost certainly be appealed, but for now, it's a big win for video game makers and their ability to use player likenesses in their games without licensing them first.

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John Dillinger's Family In Lawsuit With EA Over Dillinger Name

from the protecting-the-legacy dept

A few years ago, we wrote about how the grand-nephew of famed bank robber John Dillinger claiming rights over Dillinger's name, and threatening to sue anyone who either claims that Dillinger killed anyone (this is in dispute) or who is using Dillinger's name and making money. Of course, he has almost no legal basis for this, but it doesn't stop him from threatening litigation. The latest target? Video game giant EA. The gamemaker, who used "Dillinger" guns in various video games, is now preemptively taking the guy to court after he demanded millions of dollars from them -- and by doing so, gets to choose a more favorable court. It's good that EA's being proactive about this -- and hopefully a big win in court will stop others from being bullied by this guy.

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EA Giving Out Reasons To Buy: Tries Deluxe Box Set Versions Of Games

from the neat dept

Someone submitted the following anonymously, suggesting that it was a bad idea, but it seems like a worthwhile experiment to me. EA announced a pre-order offering for a special "Collector's Edition" version of its game Dragon Age, which includes a fancy steel case, a cloth map of the world, a "making-of" documentary, a soundtrack of the game and a bunch of other extras. It basically sounds just like what many musicians are now doing by offering special deluxe packages for serious fans. It's a way to segment customers, so some can buy the cheaper regular version, and others, who really, really like the game, can go all out and get the deluxe set -- including all sorts of scarce goods that can't be "pirated."

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EA To Require Internet Connection For Command & Conquer

from the but-why? dept

A bunch of folks have been sending in this story that EA has said that, while it won't have DRM, on Command and Conquer 4, it will require an internet connection to play, and this already has people up in arms. The company is quick to say that this is so it can include certain useful features, but it still is upsetting people. It's hard to believe that EA wouldn't realize this would be an issue. Why not offer an "offline" version with limited features then? While, yes, we have reached an online world where most people are online most of the time, not everyone is online all of the time, and some of that offline time is time when people might like playing a video game...

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Is EA Figuring Things Out? Says 'Please Pirate Our Games' And Has A Business Model For It

from the could-it-be? dept

Could it be that EA is actually figuring this stuff out? It's been one of the most maligned video game companies when it came to mistreating fans with things like draconian DRM -- but perhaps that's changing. Earlier this month we quoted EA's CEO, John Riccitiello, putting a positive spin on the fact that people had downloaded and shared unauthorized copies of The Sims 3, finally recognizing that it was like a demo version of the game. Reader Jim alerts us to the news that Riccitiello was apparently so happy with the response to The Sims 3 sharing, he's now going even further, telling people to "please pirate our games":

"By the way, if there are any pirates you're writing for, please encourage them to pirate FIFA Online, NBA Street Online, Battleforge, Battlefield Heroes... if they would just pirate lots of it I'd love them."

It's not clear Riccitiello is totally comfortable saying these things. As with the quotes earlier this month, you sorta get the feeling that there's a lot of nervous laughter around the quotes -- but at least he's trying. And part of it is because EA is, in fact, putting in place smarter business models, such that unauthorized downloads can actually lead to more sales:

"Because what's in the middle of the game is an opportunity to buy stuff. I increasingly believe that's the way the market's going because that's how the consumer wants to consume. And by the way, [regarding] my competitor, do you think Blizzard gets upset when someone pirates a disc of one of their online games? While we don't want to see people pirate Warhammer Online, if they're going to give us a year's subscription it's not exactly a total loss."

Indeed. He's getting there. If the real opportunities to make money are from buying stuff within the game, then you want the game itself to be as widely spread as possible...

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Electronic Arts Stages Protest of Dante's Inferno at E3

from the it-seemed-like-a-good-idea-at-the-time dept

At the E3 Expo a few weeks ago, Electronic Arts showcased an upcoming game, Dante's Inferno, to awkward protests from a group of concerned Christians going under the name, "Salvationists Against Virtual and Eternal Damnation." They had signs like "Trade in your PlayStation for a PrayStation," "Cheat codes won't save your soul," and "Hell is not a game," as well as a 1996-esque website complete with animated GIFs and multi-colored all-caps text. The protest was covered by the LA Times, the San Jose Mercury News and many gaming blogs. That sort of controversy might make the game more appealing to some... except, EA admitted that the protest was entirely staged by the viral marketing firm that they hired (though, it didn't fool everyone).

As the popular gaming blog Joystiq puts it, there's got to be a better way to promote the game. A faux controversy might seem like a clever idea, until people realize it's just a publicity stunt. Plus, it doesn't seem very smart to alienate Christians when you could be selling them the game instead (as Thomas Peters from AmericanPapist.com writes, "getting to play Dante as he slashes his way through hell? It sure beats Tetris."). Electronic Arts recently landed in some hot water for another clever viral marketing idea, which involved shipping brass knuckles with the Godfather II press kit, despite mere possession being a first-degree misdemeanor in some states to which they were shipped. They get points for creativity, but they might want to think twice before acting on some of these ideas...

Blaise Alleyne is an expert at the Insight Community. To get insight and analysis from Blaise Alleyne and other experts on challenges your company faces, click here.

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Is EA Realizing That Pirates Are Just Underserved Customers?

from the that-would-be-nice dept

Perhaps no video gaming company has had more trouble with the gaming community when it comes to things like DRM than EA. The company received tons of negative publicity for its aggressive and annoying DRM found in the release of Spore (which did little to nothing in actually slowing the unauthorized spread of the game). More recently, the company went with a much less troubling DRM solution on its latest version of The Sims (though, despite its attempt to call it something other than DRM, it is still DRM -- and, I should note, we've received a bunch of submissions from people who have found the DRM to be cumbersome).

However, the biggest change may be (possibly?) in the attitude of execs at the company -- who at least appear to be trying to become more accepting of the fact that some people will always download and/or share unauthorized versions of games. In an interview with Kotaku (thanks William for sending this in), the CEO of EA tries to put a positive spin on things:

And speaking of pirates, no matter what EA charges for a game, there will be people who want to make EA's games free-to-play on their own terms. That's the nice way of saying what happened to The Sims 3 recently. "We got pirated three weeks before the game launched," Riccitiello said. "And we were really quite nervous about it. We had a lot of telemetry about what the pirates were doing because the launcher was in the version of the disc [that got out.]... There's a lot of Chinese and Polish among those consumers. We know what they're doing. And we finally concluded that we were very happy that almost a million people downloaded the Fight Night demo in the first couple of days we put it out. And in a weird sort of way, the behavior we're starting to see based on sell-through and registration [with the Sims 3] is that we really might have just put out a really good demo."

Riccitiello laughed at his own remark, because he doesn't quite mean it seriously. I pointed out that he might not want to hold his breath waiting for all those Sims 3 pirates to convert to paying customers. "I don't think they will, based on their geography," he said. The point he was making, he said, is that EA's concern over being pirated gave way to a new, more constructive thought: "We were like, 'I think they've demoed the game.' That's probably good. We probably should have posted it on our website."

It's clear he's not entirely comfortable with this position, but perhaps that will come over time. It seems like he's beginning to recognize what folks at Valve had said for a while: "pirates" are just underserved customers. Focusing on giving those underserved customers more reasons to buy seems like a much better strategy than punishing all of the legitimate customers.

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Atari Apparently Learns Nothing From EA's Bad Experience With DRM

from the head-in-the-sand dept

Last September, (despite warnings to avoid overly cumbersome DRM), EA discovered just what sort of backlash annoying DRM could have when thousands of reviewers on Amazon slammed the game Spore for its overly limiting DRM from Securom. EA eventually backed down (somewhat), and on newer games seems a lot more sensitive to community concerns about DRM (though, many would argue not sensitive enough). Apparently, some of EA's competitors, however, haven't been paying much attention. Reader Tyler Hipwell sends in the news that Atari recently released the game Chronicles of Riddick with similarly awful DRM (requires online activation, limited to three total activations) and a ton of negative reviews are flowing to the Amazon listing. Either Atari didn't pay attention to EA's experience with Spore... or it somehow thought that the same thing wouldn't happen to its game as well. Neither one of those options says anything good about Atari.

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Sleight Of Hand: If We Don't Call It DRM, We Can Pretend That DRM Is Gone

from the poof dept

I was upset that I had to miss the FTC's workshop on DRM earlier this week. I had been invited to speak at the event, but had already committed to speaking at the Leadership Music Digital Summit in Nashville, so had to decline. But, from the writeups about the event, it's quite clear that many in the content industry still believe DRM is a good idea (or, rather a "necessary" idea), despite the fact that it doesn't work. DRM, despite what they might say, does not "enable new business models" at all. It simply gives the content holders the illusion that they can somehow control the content. But, it never stops any copying at all. So, it actually tends to just annoy those who are trying to legitimately purchase and/or access the content. Because those who are going to access it in an unauthorized manner will do so separately.

That said, a bunch of folks have sent in a series of stories this week that are somewhat amusing. Basically, it seems that video game companies have decided to stop calling DRM "DRM." This follows a series of horrific PR nightmares, where firms made use of DRM in ways that significantly limited the value of certain games, and players (or potential customers) of those games struck back in trashing those gaming companies for treating them as criminals. So, now, we have stories about Valve launching a new DRM that "makes DRM obsolete" even though it's still DRM. Then there's EA -- who received the biggest brunt of consumer backlash for its DRM choices. It's releasing the new Sims "without DRM methods that feel overly invasive." But, of course, it will still have DRM.

It's really difficult to understand what these execs think they're doing that benefits them in any way. It's not about enabling new business models. Any business model they're talking about can work just fine without DRM. It's not about "keeping honest people honest," because you don't have to keep honest people honest -- that's why they're honest. It's not about stopping unauthorized file sharing or "piracy," because no DRM has yet been shown to do that at all. It's not about "slowing down" unauthorized file sharing, because once an unauthorized copy is out there, it gets pretty quickly copied everywhere. One copy is all it takes and then nothing is "slowed down" at all. The only thing DRM serves to do is get in the way of legitimate customers trying to do what they want with content they thought they had legally purchased. In other words, it destroys value for legitimate customers -- and it's difficult to see any business rationale where that's an intelligent move.

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Activision Threatens EA For Agreeing To Publish Game Activision Dropped

from the once-it's-dropped,-it-stays-dropped,-dammit dept

Reader Nick sends in the news of a story that reminds us of The Watchmen saga, whereby Fox got paid for doing nothing, while Warner Bros., who made the movie and took on all the risk, had to pay out. In this case, it involves a video game, Brutal Legend. The game was developed by a development studio named Double Fine, with an agreement by Vivendi Games to publish it. However, after Vivendi Games and Activision merged, the combined company decided to drop a bunch of projects, including Brutal Legend. So, Double Fine did what any development house would have done: went in search of another company to publish it. And it found one, in gaming giant EA.

Except, now, Activision has sent a nastygram to EA saying that it still owns the rights to publish Brutal Legend, and EA is infringing on those rights. Of course, Activision has still made it clear that it actually has no intention of releasing the game, which doesn't match with its current focus. Instead, this is a pretty clear money grab -- trying to get EA to pay up. EA seems to have a good response, though:

We doubt that Activision would try to sue. That would be like a husband abandoning his family and then suing after his wife meets a better looking guy.

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Spore's DRM So Effective It Was The Most Downloaded Game Of The Year

from the nice-work,-EA dept

It never really made sense for EA to be so insistent on having draconian DRM on games. Before the company even launched Spore people made it quite clear the plan would backfire, but EA went forward with it anyway, creating a PR nightmare. And all for what? Turns out (not surprisingly) the DRM didn't do squat to stop unauthorized file sharing. Spore has now been declared the most downloaded video game of the year. And, even though the year's not over, no other game is going to catch up. And, it's worth noting, the game only launched in October, so this is only over a couple of months. In other words, EA's "antipiracy strategy" backfired almost completely. The company got a huge PR blackeye which probably only encouraged more people to download the game via file sharing. Can someone explain, again, why any company thinks DRM works?

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EA Sued Repeatedly Over DRM

from the don't-piss-off-your-customers dept

We had already pointed out one class action lawsuit filed against EA for its use of SecuROM DRM on the game Spore, but it appears that others are getting in on the act as well. GamePolitics has news of two more class action lawsuits filed against EA over its DRM choices. At some point, you have to wonder if this is just people piling on and hoping to win a cash settlement out of EA -- but again it does demonstrate how short-sighted the DRM decision was on the part of EA.

Considering that the game is available to download as an unauthorized file on various file sharing systems, it's pretty clear that the DRM did absolutely nothing to prevent any piracy on the game. However, it did significantly harm the company's reputation, and now they have to spend time and money fending off lawsuits. My guess is that the money spent on these lawsuits, combined with the revenue not recognized from folks who planned to buy the game but didn't because of all this, will actually greatly outweigh any real "losses" from piracy.

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EA Plays 'Guess The Serial Number' With Customers

from the quality-control dept

EA continues its attempts to make a near total mockery of DRM on video games. Its latest move, pointed out to us by Alex, was to misprint the serial numbers found on some versions of Command and Conquer Red Alert 3. Rather than showing the necessary 20 digits, EA only printed 19. To be fair, EA will supply the missing digit if you send in a photo of the first 19, but the company also suggests testing out every letter from A - Z and then every number from 0 - 9 to find the missing digit. While it's true that this is likely to be an effective workaround, it's yet another example showing DRM getting in the way of legitimate buyers, rather than doing anything useful.

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Amazon Caught Deleting Negative EA DRM-Related Reviews... Again

from the uh-oh dept

You probably remember the uproar that surrounded the release of Spore, where plenty of people were pissed off at EA's decision to use draconian DRM and made their feelings known via thousands of 1-star reviews on Amazon.com. At one point, all of those reviews disappeared from the site, leading some to accuse Amazon of censoring the reviews. Amazon quickly said that it was a glitch and the reviews came back.

However, it appears that "glitch" has come back -- and once again it's for thousands of DRM complaints on an EA game. EA released Crysis Warhead with the same awful SecuROM DRM, and the reviews made that clear. But, just as with Spore, the Crysis Warhead reviews magically disappeared. Amazon is once again claiming that it was a glitch, just like last time. As the article notes, there is one possibility, which is that Amazon has an automated system that tries to flag spam reviews, and the actions of the DRM complainers triggers that mechanism. That would make some amount of sense, though Amazon shouldn't keep calling it a glitch if that's the case.

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A Few Extra Virtual Maps Isn't A Real Reason To Buy A Video Game

from the it's-about-the-scarcity dept

There's definitely been an ongoing battle in the video game world from some executives complaining about used game sales for console games (there's been a bit of confusion in the past tying this to video game DRM -- which is more focused on PC games). We noted that EA was among those concerned, but was hoping to give people more reasons to buy new, rather than second hand. However, some folks in the comments complained about the methods EA was using, and that's worth a further discussion, especially as other examples are being shown. Reader DEF points out that another video game company, Epic, is trying to encourage original purchases by giving buyers a free voucher for certain in-game items, such as special maps. Such vouchers would only work for the initial buyer, thus, in theory increasing the value of the initial purchase.

There are a couple of problems with this approach. While I do think it's better to come up with "reasons to buy" rather than trying to sue people or pass laws requiring a cut of the secondhand market, this approach may get it backwards. Effectively, they're selling "infinite goods" rather than scarce goods, and that seems likely to backfire, for a few reasons. First, it actually diminishes the value of the game. One aspect that buyers take into account is the resale market. An active second hand market increases how much people are willing to pay for the original product, because they recognize that they can sell it later.

Second, when the focus is on charging for infinite goods (or only promising them to those who buy first hand copies), the incentives get risky. Suddenly, gaming companies are put in a position of choosing what "virtual" items are allowed in the game for first hand buyers vs. second hand buyers, and that leads them to make bad decisions in locking up important aspects of a game, frustrating potential buyers.

Plenty of games have shown that money can be made in charging for the service (a scarce good) of connecting and accessing an online world or community. If video game makers focused on that, then the entire issue of the second hand market wouldn't be such an issue. In that case, they'd want to get the actual games distributed as widely as possible, with as many features enabled as possible, to make the idea of playing in the online environment even more appealing.

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EA Sued For Copyright Infringement Over College Fight Song

from the what's-good-for-the-goose? dept

Isn't it funny how some of the strongest defenders of copyright seem to have other opinions when they're on the other side of the fence? EA, which has kicked up lots of dust about copyright and DRM and the importance of intellectual property, is now finding itself on the receiving end of a lawsuit from from a composer and song writer alleging copyright infringement for the use of the UNLV "fight song" in various EA sports games. The guy claims to own the copyright on both the lyrics and the music. It's unclear if EA was under the impression that UNLV had licensed the song, and we often don't think of university fight songs as being helped along by copyright (you generally want more people singing them). So, while I think EA should be able to use the song without any trouble, it's always amusing when strong defenders of copyright suddenly find themselves in legal battles in which they may discover that copyright creates some new problems they didn't expect.

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EA Brushes Off DRM Complainers As Fringe 0.2%

from the listening-to-your-customers dept

It would appear that gaming company EA got the wrong message concerning DRM after its Spore DRM debacle. While EA eventually backed down, it certainly did plenty to damage its own reputation in the gaming community. Hell, when we recently posted an article about EA that had nothing to do with DRM at all, a bunch of commenters used the post to complain about EA's DRM policy anyway. That suggests a Metallica-like reputation problem.

So, how is EA dealing with this reputation issue? Apparently by dismissing it as nothing to be concerned about. A whole bunch of our readers sent in this story about an EA exec claiming that only 0.2% of users would even notice the DRM used in Spore -- basically suggesting that the complaints were hyped up and out of proportion to the issue. That's sort of missing the point. While some users who complained might never actually encounter problems with the DRM, that doesn't mean that they're comfortable with the idea that EA has significantly limited how they can use a product that they purchased. Even a quick review of the history of DRM would show EA execs two things: it does nothing to stop piracy, and it seriously gets in the way of legitimate users, no matter how artfully designed.

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EA Execs Also Worried About Second-Hand Sales... But With A Better Approach

from the recognizing-the-market dept

We recently wrote some video game execs complaining about how they should get a cut of any second-hand sales, apparently against the concept of the (well established) first sale doctrine. Reader EJDean alerts us to another article that quotes an exec at EA who also is complaining about second-hand sales, noting that it's a "critical situation." He makes an odd argument that video game companies probably do deserve a cut of the second hand market because digital products don't wear out, like normal second hand goods. Again, he may want to understand the first sale doctrine, as well as basic economics where the availability of a resale market helps increase the value of the initial product.

But, the good news is that while EA would like to get a cut of the secondhand market, it seems to at least realize that seriously pursuing it would be a problem. Instead, the company seems more focused on giving people reasons to pay, such as through additional online services that make it worthwhile for people to pay, rather than freaking out too much about second hand sales. This is the right approach. Rather than worrying about second-hand sales, find a business model where that's not even an issue.

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EA Finally Realizes People Are Upset Over Spore DRM

from the taken-by-surprise? dept

It only took two weeks since the massive backlash against EA for the DRM and account limits it included with Spore for EA to recognize that maybe it needed to respond. This morning, EA agreed to up the install limit from 3 times to 5, claiming they may also make exceptions in some cases, and also released a patch allowing for multiple user names. While it's nice that the company finally responded, this is still a pretty weak response and doesn't address the core issues.

Also, it's odd that it took the company this long to respond. EA claims that the controversy caught them "off guard." If so, then they clearly haven't paid much attention. We were among many sites that talked about the DRM problem back in May, which got tons of angry comments. Other sites that discussed the DRM got similar angry comments as well, so the only way this should have caught EA off guard was if they weren't paying any attention whatsoever to what various gamers were saying.

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