DRM is BAD

Jun 24, 2004 five past noon

Cory Doctorow from the EFF gave a talk at Microsoft on DRM.  It's very interesting and entertaining.

As someone that makes his living off creating IP, this whole topic is very close to me.

While Cory makes some good points, he fails to deal with how this affects the artist behind the works.  He has a whole section on how DRM is bad for for artist, but he doesn't talk about how the lack of DRM is good for them.

He brings up the music's compulsory license, but fails to show how that lets a musician or composer make money from self-absorbed teenagers copying MP3's.  Maybe I'm missing something here, it wouldn't be the first time.

He also talks a lot about "legitimate" users wanting to make copies, and even gives an antidote about a Mom trying to copy her (legally purchased) Toy Story DVD onto VHS for her kids.

All this is well and good... but ...as it becomes easier to make copies and more people start to understand how to do it, and most importantly, it becomes socially acceptable to make copies, how will anyone make money off of creating IP?   What will be anyone's incentive to create IP as a living?  Will all artists return to a romantic state of poverty, existing only for their art and cutting off body parts?

The games I make cost millions of dollars to produce.  Ever dime of this money goes into making the game.  Unlike Hollywood Movie Stars; Designer, Programmers and Artists do not get paid millions of dollars to work on a game.  We depend on the sales of the games to exist and very few of us make more then a normal salary.

If I make a game, and anyone can instantly make a copy and give it to anyone else, how will I ever recover the cost of making the game, let alone make a living.

The (over-used) argument for copying music is that the artist should be making their money doing concerts.  But what about me?  My art is not a performance art.  I can't go on tour playing my latest game for a packed stadiums (OK, I have not actually tried this, maybe I'll be surprised).

You hear a lot of people like Cory talking about the evils of DRM, we hear a lot from big media companies talking about the need for DRM, but we seldomly hear from the artist behind the creative works and what they think of it.

I want as many people as possible to play my games and I want to be able to make a good living doing it, and I want to be financially rewarded for being good at what I do.   How is any of that going to happen if what I do can be instantly copied and distributed.  Does all IP have to become shareware?  Relying on the kindness of the listener/player/viewer to contribute to my art?  Or worse yet, will all art become nothing more then a vehicle for advertising.

Now, don't misunderstand me.  I am not in favor of DRM technology.  As Cory and others have stated:  It won't work.  But no one really gives a solution that consists of anything other then some utopian hippie view that I should be creating my art for other to enjoy, not for money, or that my business model is flawed if I expect people to pay for something I create.

What will the future hold when Star Trek style replicators can reproduce anything, not just digital media.  Your friend buys a spiffy new BMW, no problem, he'll just make a copy for you.  Or maybe I can find that new refrigerator I want on P2P, never mind the fact that it's probably full of porn when I download it.

OK, here is my question for Cory and others:

Do you think it's OK from someone to copy my game and give it to other people without paying for it?  If this is not OK, what should or can be done about about it?

Other people's comments:

Posted by shawno on Jul 20, 2004 twenty five past midnight

I think one of the main issues here is that games, like movies and music, are luxury entertainment.
Most people can't afford to buy a few games each month, on top of dvd's and cd's and whatever else.
Money has to go to essentials first, but people still want to be entertained, and since the medium is so easy to copy, well... that's that. Also, since there's no actual physical merchandise being stolen, it seems more justifiable as nothing is actually being taken from anyone. In theory.
I personally spend too much money on this stuff every month. I barely make enough to pay my bills, but I'll skip a few lunches to pick up that extra dvd, and I still can't get everything I've been waiting months for.
Thank god my PC is old and busted and can't run most of the new stuff anyways. :)
Maybe the best way to respond to this post is by saying how you could get me to spend my hard earned money on your stuff.

- Obviously, quality product. No brainer there. I read a lot of reviews and forums before I commit to anything. Too many half-assed releases these days, plagued by bugs.
- DEMOS! If I have to choose between two games, and one lets me try it out first, guess which one I'm going for. Where did this thing come from where they release the demo months and months after the full game?
- This is a dying, if not dead practice, but I always loved the little extras we used to get with games back in the day, like cloth maps and trinkets and stuff. Getting charged an extra 20-30$ for the 'collectors edition' just for these things really doesn't do it for me.
- A good, high quality manual. I like art, and I like colour. The manual should be an extension of the game. Comics, backstory, cool things like that.
- This isn't really a deal-breaker for me, but since we're on the topic of things that irritate me, JEWEL CASES FOR CD's! Those crappy paper sleeve things are absurd.

Posted by shawno on Jul 22, 2004 twenty five past eleven am

Hey. Me again.

I stumbled onto this interesting article, written by a developer currently in the industry.

http://www.joeuser.com/index.asp?c=1&AID=21895&u=0

I'd be interested to know what another pro thought about this.

Posted by AdamW on Sep 29, 2004 ten to five pm

old article, but hey. I think an easy answer to the question is just...it works, somehow. Don't ask me how, but it does. Computer games have always been easy to copy. They still are, despite much effort to the contrary. But somehow, enough people pay for 'em to keep you clothed and fed. I've probably played pirate copies of many of the games you helped make - certainly all the ones you made at LucasArts. This would be while I was young and impecunious. Now I'm older and slightly less impecunious, I've bought all those games. Why? I still have the pirate copies. I can still play 'em, they still work. I haven't even played some of the legitimate copies since I bought them. But I still did, just because I felt like I should. I imagine enough people feel this way, or just can't be bothered copying games, that the money still comes in. I don't think copying games is ever going to be much easier than it has been in the last twenty years or so, but for those last twenty years there's still been plenty of money made in computer games.

Posted by yellowsign on Jun 8, 2005 five past five am

I recently discussed this topic with a couple of friends - talking about copying music, movies and games alike - and we very much had the same point of view: That is, we actually end up buying MORE stuff since we use PvP networks. This may sound contradictonary, but take, for example, music.
I like ambiente, industrial and experimental stuff, a lot of scandinavian bands, which just isn't played on MTV or radio, and which I usually don't find in stores but have to mailorder, sometimes import. There is just no other way for me to check out an album before buying it or learning about new artists other then PvP. It's a great way to learn about non-mainstream music. When I find another user who is into the same stuff like me, I check is files for bands I don't know and download them, and if I really like it, I am willing to take the trouble and start looking for a mailorder or way to import it - if I don't like it, I delete it again anyway.
When it comes to music, PvP is what radio should be and maybe was some decades ago.

When it comes to games... well, you know yourself how the gaming magazines 'review' games. So if there isn't a demo available, I prefer to borrow or copy the game from a friend first, then buy it if I like it, before wasting my money. And I think this is okay.
Really copying = giving away for free: Nope, not okay.
How to prevent it? I really don't know. Protection system have always been cracked and often made using the game for legitimae customers very annoying (HalfLife2 anyone?). So sorry, I really don't know.

Posted by ZylonMule on Aug 6, 2005 quarter to two pm

I dont have a problem with DRM, but I have a major problem with commercial monopolies like Microsoft controlling DRM. Commercial corporations shouldn't singley control universally embedded software.

Posted by Whup on Aug 7, 2005 half past seven pm

When you oversimplify things, its a worry that Microsoft could be dictating the flow of 1's and 0's...

And for all the inconvenience it will cause those of us who pay for software, music and games, thieves will continue to be thieves.

Posted by Alc on Jan 5, 2006 twenty past noon

>Do you think it's OK from someone to copy my game and give it to other people without paying for it?  If this is not OK, what should or can be done about about it?

I buy games regardless of the fact that I download a lot of them as well. I buy a lot of music regardless of the fact that bittorrent puts practically every album I want at my fingertips. My DVD collection gets bigger each month despite my disposition toward trying before buying.

Your position as an employed games developer is not under any threat of termination due to lack of sales caused by free distribution of product; neither is the RIAA about to do a hindenburg thanks to music being available freely available, nor was the movie industry ever in any state of collapse thanks to to the recordable nature of VHS. The latter (specifically, Jack Valenti of the MPAA) protested that the VCR was to the movie industry what the Boston strangler was to a woman alone, which always struck me as a rather conservative estimate if anything; a handful of sales killed amongst a city of millions...

So what can you do about the percentage who steal from you? Minimise it by putting in place rudimentary copy protection. Force people to spend time downloading non-working cracks from dodgy porn/ad/spyware-infested sites. But whatever you do, make sure the legitimate consumer gets the better deal when he has the CDs in his hands. Do not cripple his experience through dodgy protection schemes.

Of course, as you well know in practice it is the distributor who gets the final word in about what copy protection you use.

Posted by quix55 on May 17, 2006 twenty five to six pm

Sorry to say we live in a world of "backing-up" things, because we live in a world where things just are not made to last.  In my day anything in the public domain was game.  We use to tape the top 50 songs on cassettes and likewise the top 100 songs at the end of the year.  And on the FM stations back then they use to play full albums.  It was easy to record things and then dub-out the comercials.  (Today we have the same thing. Rather than being comercials it is spyware and  pop-ups and virus infection.)  What is the difference between recording a song and downloading MP3's.  We also use to share albums...this way we could tape copies of eachother's collection.  The medium has just changed.  Likewise recording songs on MTV and taping movies.   Once you put something on public air-waves or even on Internet Radio or Internet TV it is fair game.
As for your game...I think you probably need to get like Mr. Gates and require various methods to test if the CD keys are valid.
When loading XP and other software now you have to not only enter CD keys you also have to go on-line within 30 days (or call by phone) to registor your copy.  I admit this can be a pain for the honest user.  Especially, when they want to install the game to another computer or if they up-grade to a larger hard-drive.  in my case I have changed computers three times and increased my hard drive size from 20 gig to 250 gig to 400 gig.
Plus, another problem is that I have a large collection of LP's why should I have to go out and buy a CD when I have the LP.  I paid for my right for a copy.  Quality Hi-Fi systems are hard to find now, so I am stuck with CD and MP3 players.  Hi-Fi's are going the way of 8-track's.  Just as DVD player's will be replacing VCR's.
Just because they change the medium I should not have to forkout more money.   Plus, have you noticed even CD's and DVD's get worn-out.  So, making a copy from the orginal makes sense... You use the copy and when that get's worn out you make another copy of the orginal again.
Do what HALO and CounterStrike Zero did!  Who cares about illegal copies.  It makes your game more popular!  The REAL money is in on-line gaming.  That is where a special unique key and/or a monthly fee is required.  If you really want to protect your investment create your own gaming site where valid members  can play live on-line.  That way you can always improve your product and make it evolve and people will spend a monthly fee for up-grades.   This will weed-out the illegal copies.  Especially, if you require a monthly access fee.

Good Luck...!

Finally, never offer a full downloadable version of your game even if it is limited for 30 days.  Their are too many "HACK" sites around the world that can open the game-up.  Or use backward engineering to re-compile your game!  (And/or flush the registory keys and re-install the game for another 30 days.)   I admit this requires you to create a sub-game version.  But it will protect your  investment of the time that it took for you to write/program the full version.


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