Sony Patents a Way to Sabotage Used Game Market

Greg Tito

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Sep 29, 2005
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Sony Patents a Way to Sabotage Used Game Market



The "invention" would tie a game purchase to your user account or the machine ID.

Used game sales are a bit of an issue. Sure, buying a used game cheap at GameStop is great for the consumer, but at how they see absolutely no revenue from that sale [http://www.escapistmagazine.com/news/view/116391-Used-Game-Sales-Killing-Single-Player-Titles], thereby preventing game-makers from taking risks on new IP, etc. There's no legal way to restrict someone from reselling their property, but that hasn't stopped Sony from coming up with a dastardly plan anyway. The patent - filed on September 12, 2012 but only made publicly available this morning - outlines a system in which RF tags on game discs interact with the console, allowing only one owner to access the game. Sony hasn't commented whether this new system will make it into the PS4, but the technology exists if the company chooses to use it.

The language of the patent application is pretty dense, but one section clearly states its purpose. "Recent years have seen widespread use of terminal apparatuses [game consoles], each provided with a drive for reading data from a recording medium, which processes electronic content stored in the recording media," reads the application before continuing:

A technology of digital rights management (DRM) is introduced to prevent the electronic content from being used unlimitedly. Typically, DRM is a technology for the prevention of the unlimited copy of electronic content. To this end, the inventor recognized that there are cases where it is difficult to suitably restrict the use of electronic content, stored in the recording medium like DVD and commercially traded.

The invention would accomplish the task of restricting the used game sales Sony doesn't want to see. How will it work? "The disk drive reads out a disk ID from the game disk. When the game is to be played, the reproduction device conveys the disk ID and a player ID to the use permission tag," reads the application. "The use permission tag stores the terms of use of the game and determines whether a combination of the disk ID and the player ID conveyed from the reproduction device fulfills the terms of use or not."

In English: the "use permission tag" will determine whether or not the right combination of "disk ID" - read "your game" - matches the player ID - "your account or console" - before allowing you to play the game.

Now, there's a couple things you must realize about this patent before you start shouting. First, Sony hasn't stated whether they will use this technology in the new PS4 console - this is just a patent application to protect them in case someone else came up with the same idea. Sony has possessed similarly DRM technology as far back as the year 2006 [http://www.1up.com/news/sony-games-patent-resurfaces], but has yet to use it.

Second, even if this kind of DRM was implemented, there's language in the patent which suggests you'll be able to do things like take your game over to your friend's house to play it. "A temporary use is permitted to the reproduction device, which does not have the legitimate right of usage, on the condition that the number of temporary uses is within a predetermined maximum allowable number (e.g., five times)," reads the application. Because the DRM is software, the restriction could be limited to the number of hours played - not just the number of times the game was activated - and that it can be reset once you have a legitimate access permitted.

I personally don't think Sony will ever go forward with this DRM plan for their new console - it would just piss off too many players - but the company obviously feels strongly enough about restricting used game sales to fund this kind of R&D. We'll be watching any announcements of Sony's PS4 closely to see if the DRM is mentioned in the EULA and grill Sony executives about their plans for used game sales in the future.

Source: NeoGaf [http://www.freepatentsonline.com/y2013/0007892.html]

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Fappy

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Jan 4, 2010
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If they don't have some plan for it I have to wonder why they spent the money to develop it in the first place. Though, I agree that they aren't likely dumb enough to utilize this for the PS4.
 

Cecilo

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Nov 18, 2011
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Yes. Wonderful plan. Remove the people who want to play your game on the cheap entirely and make them never play the series at all. Sure this will end well.
 

The White Hunter

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Oct 19, 2011
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Fappy said:
If they don't have some plan for it I have to wonder why they spent the money to develop it in the first place. Though, I agree that they aren't likely dumb enough to utilize this for the PS4.
They're really just looking for a way to release a newer version of the Vita that's even more crippled by it's greedy greedy corporate overlords. They'd be mad to do this to the PS4 though I do agree.


But anyway, I wouldn't be surprised if Microsoft did similar things...
 

Gearhead mk2

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Greg Tito said:
I personally don't think Sony will ever go forward with this DRM plan for their new console...
You underestimate the power of human sutpidity. I mean, I know some pretty bad patents have been made just so no-one else can do them, but come on! All this talk about anti-used-games features in the next gen consoles, I wouldn't be suprised if they actually went through with this horrible, horrible idea.
 

Matt K

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Sep 18, 2010
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Um, could you guys at least try to use the appropriate terms in your article? Sony did not patent this, they simply filed a patent application, which anyone can do on absolutely anything. Does not mean that Sony will get a patent on this (although they may, it'll be a few years at the least before there's any result).
 

rofltehcat

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The way patent lawsuits are going in the last few years, I actually wouldn't be surprised if this would discourage everyone else from using such a system.
 

Scars Unseen

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May 7, 2009
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This is a pretty blatant violation of first sale doctrine. I'm sure the US courts won't do anything about it because fuck consumer rights, but I imagine it won't fly to well over on the other side of the Atlantic.
 

Scars Unseen

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May 7, 2009
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Matt K said:
Um, could you guys at least try to use the appropriate terms in your article? Sony did not patent this, they simply filed a patent application, which anyone can do on absolutely anything. Does not mean that Sony will get a patent on this (although they may, it'll be a few years at the least before there's any result).
Which changes absolutely nothing about the significance of this move on Sony's part. If they put this in the PS4 it's not like anyone's going to wag their finger at Sony and say "sorry, your patent hasn't gone through yet." This is a consumer rights matter, not a patent issue.
 

Matt K

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Scars Unseen said:
Matt K said:
Um, could you guys at least try to use the appropriate terms in your article? Sony did not patent this, they simply filed a patent application, which anyone can do on absolutely anything. Does not mean that Sony will get a patent on this (although they may, it'll be a few years at the least before there's any result).
Which changes absolutely nothing about the significance of this move on Sony's part. If they put this in the PS4 it's not like anyone's going to wag their finger at Sony and say "sorry, your patent hasn't gone through yet." This is a consumer rights matter, not a patent issue.
Never said it did, I'd just perfer it if the new article actually used the correct terms. Honestly it's not a lot to ask.
 

Andy of Comix Inc

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Apr 2, 2010
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I wonder if Sony understands that... that's like one of the only things consoles actually have over PCs? Once the idea of disc-based gaming where a game lives on a disc and can be used like new on whatever console you use it on... once you introduce the idea of installs and User IDs... people are just gonna switch over to Steam for their cheaper games that follow them from their laptop to the desktop to their phones.

Sony! You understand that. Right? You get that you are literally destroying what makes console gaming appealing in the first place? Yes? Hmm?

...okay, just checking.
 

vun

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Apr 10, 2008
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Even if they do go with this it'll most likely be illegal in the EU, possibly the entire EEA.
 

Quaxar

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Sep 21, 2009
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I like the way how some people seem to sit all day and look through patent applications just to use it to badmouth a company.
Not this article personally, but you know what I mean.

Anyone remember the in-game ad system two years ago? Pharmaceutical companies patent toxic chemicals every day, that doesn't mean they'll release it in our drinking supply.
 

Cid Silverwing

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Jul 27, 2008
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Fascism.

Plain and fucking simple.

These companies just do not want to co-operate with their userbases.
 

Davey Woo

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Jan 9, 2009
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So I presume that this means we wouldn't be able to return a game and get it refunded if we didn't like it either?
Don't like this idea, but I don't own a Sony console anyway, and I'm not interested in the next generation of consoles either.
 

dragongit

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Feb 22, 2011
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I can see several flaws in this plan.

1)I predict that there is a chance that the system will not be fullproof to begin with. What if there was a glitch in the system, and the console you have suddenly reads that all of your games are unplaybable?

2) what if your console breaks down and you have to get a new one, will the new system be able to recognize all of the games you previously had, if at all?

3) Your basically stabbing the Retail gaming market in the eye. They don't make great sales off of new games, used games keep their stores open, so less retailers may not be so inclinded to hold their products.

4) You cannot garentee the quality of the games. People do not wish to be saddled with something they cannot get rid of. PC gamers get the luxery of their games usually being cheaper to begin with, with rediculous sales on retailers like Steam. Console games are almost always full price, with tax included. no one wants to invest 70 dollars on a lemon,without some form of compensation, even if it's the difference of 15 bucks.

So unless Sony can insure QUALITY games that will never suck, and Consoles that will never break, this is a horrible HORRIBLE idea for them. Even some PC games have limitations to how many times they can be activated, but they have more then just one at times. DRM is really pissing on the gaming industry as a whole.I garentee you that Sony will loose more sales, not to the used market, but to pirates who want a DRM free experience, and convenince.
 

Mouse_Crouse

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Apr 28, 2010
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I honestly don't think this will go anywhere. The courts will (I believe) uphold the consumers right to sell their property. They will get pressure from multiple fronts of companies like Gamestop and Gamefly. And they won't end up using something like this. Until they move to all digital there's not really gonna be any way to stop used games. And even then I don't know that more rights for digital goods won't be fought in court.