Gaming and Culture

Electronic Arts may have attempted to appease angry customers by amending its digital rights management policy on Spore, but the company's DRM troubles aren't over yet.

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).

"Although consumers are told the game uses access control and copy protection technology, consumers are not told that this technology is actually an entirely separate, stand-alone program which will download, install, and operate on their computer," reads the complaint (PDF). "Once installed, it becomes a permanent part of the consumer's software portfolio. Even if the consumer uninstalls Spore, and entirely deletes it from their computer, SecuROM remains a fixture on their computer unless and until the consumer completely wipes their hard drive through reformatting or replacement of the drive."

The suit accuses EA of "intentionally" hiding the fact that Spore uses SecuROM, which it alleges is "secretly installed to the command and control center of the computer (Ring 0, or the Kernel) and [is] surreptitiously operated, overseeing function and operation of the computer, and preventing the computer from operating under certain circumstances and/or disrupting hardware operations." The suit also claims that SecuROM takes over a portion of a PC's processing resources "to transmit information back to EA."

The filing asks the judge to certify the class action complaint and award all plaintiffs the $49.99 purchase price plus damages.

The copy protections associated with Spore have dogged the highly anticipated game since its launch earlier this month. The original restrictions placed on the game outraged many consumers, thousands of whom retaliated by posting negative reviews of the game on Amazon.com or downloading it illegally from file-sharing sites.

Tor Thorsen of sister site GameSpot contributed to this report

Faced with growing criticism about the way its newly released game Spore is activated on computers, gaming publishing giant Electronic Arts did a little retooling of its own.

EA has increased the number of computers that can be loaded with the game to five from three, despite earlier precautions with its digital rights management (DRM) policy intended to reduce piracy of its copyrighted software.

Spore, released two weeks ago featuring unlikely creatures that can be tailored to the user's liking, has altered other DRM limitations embedded in the software, the company announced.

Frank Gibeau, EA Games Label president, said in a statement:

We've received complaints from a lot of customers who we recognize and respect. And while it's easy to discount the noise from those who only want to post or transfer thousands of copies of the game on the Internet, I believe we need to adapt our policy to accommodate our legitimate consumers.

EA announced it will not only increase the number of computers that users can load one copy of Spore onto, but will also offer ways in which users can receive additional activations of the gaming software if warranted.

The game publisher also plans to fast-track its development efforts on creating a system that will allow consumers to de-authorize machines and transfer authorizations to new computers.

Nonetheless, Gibeau added:

We're willing to evolve our policy to accommodate our consumers. But we're hoping that everyone understands that DRM policy is essential to the economic structure we use to fund our games and as well as to the rights of people who create them.

EA said it believed at the time it created Spore that its DRM policy would not present any problems. The company noted that 75 percent of its customers tended to use only one computer for running their games and that less than 1 percent of its users relied on three or more computers. It also added that it told consumers that they could receive more than three activations if warranted by calling into the company's customer service.

Despite the criticisms over its DRM policy for the game, reviews of the game itself were labeled fairly high.

Watch CBS Videos Online
Video: Inside world of video games
CBS News science and technology correspondent Daniel Sieberg speaks
with Will Wright, the computer video game designer behind the widely
successful Sims games.

Clarification: Story updated at 6:57 p.m. to clarify the difference between the Spore and iTunes models.

After years of anticipation, the coming-out party for Electronic Arts' new evolution game Spore seems to be getting rained out.

Spore was one of the most highly anticipated games in recent years, in part because it's the brainchild of Will Wright who, with The Sims, turned simple tasks like taking virtual trips to the bathroom into the best-selling PC game ever. Fans and EA alike had high hopes for Spore, a similarly quirky game that's based on evolutionary biology and individuals' own creature creations.

By most accounts, Spore is a great game. But in the first week since its debut, many of the people perhaps most excited for its release have turned against it.

Enraged by what they call "draconian" copyright protections, thousands of people flooded Amazon.com to give the game a one-star rating. And now there seems to be another movement afoot, one that is far more likely to hit EA where it counts.

What's the fuss about? Electronic Arts imposed copyright protections that limited the number of times a user can install the game to three. EA has likened the system to the limits imposed on songs bought through Apple's iTunes store (though in the case of iTunes, users can easily manage their libraries by specifying which computers are authorized to play their purchased content).

Such digital rights management technology is intended to keep piracy to a minimum. But in this case, it seems to have had the opposite effect, angering would-be buyers and DRM opponents to such a degree that they are illegally downloading it en masse, apparently to make a statement as much as to get their hands on the game.

On Saturday, TorrentFreak wrote that the game had already been downloaded more than 500,000 times on BitTorrent sites.

Though it didn't appear to have broken any overall download records at the time this story was published, peer-to-peer research company Big Champagne told Forbes on Friday that the rate at which it was being downloaded was "extraordinary."

So will EA consider the DRM move a mistake? PR representatives didn't immediately respond to a request for comment, but that will likely depend on how well it sells. In its first week, it seemed to do pretty well--at least anecdotally, with stores around the country reporting they'd sold out of their stock.