EA Hit With Two New SecuROM Lawsuits

[Andy Chalk]

EA Hit With Two New SecuROM Lawsuits

SecuROM [http://www.ea.com] DRM software.

The first suit, actually filed on October 14, alleges that the Spore Creature Creator Free Trial Edition [http://eu.spore.com/whatisspore/creaturecreator.cfm] "secretly installed a Digital Rights Management software program" on the computers of everyone who installed the demo. "The inclusion of undisclosed, secretly installed DRM protection measures with a program that was freely distributed constitutes a major violation of computer owners' absolute right to control what does and what does not get loaded onto their computers, and how their computers shall be used," the suit says.

The lawsuit claims that EA has engaged in "deceptive and unlawful conduct in designing, marketing, distributing a computer game demo that contains undisclosed and unconsented to Digital Rights Management technology," and seeks restitution including (but certainly not limited to) "actual damages, statutory damages, punitive or treble damages," along with all "unlawful or illegal profits" generated as a result of EA's deceptive conduct.

The second lawsuit, filed on October 27, similarly claims that iPod [http://thesims2.ea.com/bonvoyage], both of which were reported by her PC as being empty.

The suit claims that this installation "violates key consumer principles set for by the Federal Trade Commission [http://www.ftc.gov/]," and also seeks damages and restitution, as well as an order "enjoining EA from the further sale of games bundled with SecuROM unless accompanied by an adequate disclosure and reasonable way to uninstall SecuROM."

Whether or not these suits have any hope of succeeding is a question for the lawyers (and if you're a lawyer, feel free to let us know what you think) but if nothing else they're evidence of the growing intolerance for intrusive copy protection schemes like those EA seems so enamored with. With luck, even if they're quickly dismissed the lawsuits will serve as a wake-up call for executives who have thus far handled the company's DRM efforts with a shocking degree of indifference and ineptitude. I don't particularly care about SecuROM - I firmly believe that companies have the right to protect their intellectual property as they see fit, and to drive themselves out of business in the process - but EA's strategy of slipping it in the back door while pretending nobody notices just isn't working for anyone.

Aspiring (or real) legal beagles can check out the two lawsuits here [http://media.libsyn.com/media/gamepolitics/EA-spore-eldridge-vs-ea.pdf]. (PDF format)

Source: GamePolitics [http://www.gamepolitics.com/2008/11/08/new-class-action-suits-target-ea-securom-sims-amp-spore-creature-creator]


Permalink

 

[Lvl 64 Klutz]

Ha, Wake-up call? EA has had plenty of wake-up calls, and they've all fallen on deaf ears. EA continues to bury itself, and it won't be long before their logo would be more appropriately accompanied by the Funeral March.

 

[SunoffaBeach]

EA Sports - It's in the game!

 

[The_root_of_all_evil]

*gets out world's smallest violin*

Rule of thumb : If you're not going to listen to your customer base, have a quick think about the law.

 

[Avida]

I think i stand for the community in saying its about time EA was knocked down a few pegs

 

[Limos]

I hope EA get's smacked down and as part of the settlement has to remove the DRM from everyone who downloaded the game.

 

[Imitation Saccharin]

I firmly believe that companies have the right to protect their intellectual property as they see fit

You know that thing you did as a kid where you dress up as superman or spiderman or the Hulk, and pretended to beat up bad guys?

Ya, that violates DC and Marvel's IP.

 

[smallharmlesskitten]

Thank you Malygris, thank you very VERY much for bringing this one to my attention. I was actually going to buy Bon Voyage some time around boxing day, now I'm not so sure. Mind you, haven't had DRM problems (yet...) with Sims2 expansions that were both pre- and post-BonVoyage, but as one of those "I only want it for collector's sake" purchases, it may be better safe than sorry.

And Fuck You EA. May some demented psychotic break into the homes of any/all EA employees and CEOs, and sodomize them first with a red-hot branding iron, then follow it up with a spiked dildo coverered in lemon juice, salt, and bleach.

Wanna go halfs on an Anarchist's Cookbook?

Oh.. And If you are going to do that stuff Khell. Get Labyrinth. She has experience in that department

 

[Amnestic]

Somehow, I'm not surprised. If EA loses either of these cases it'll hurt them a lot, not only for losing the case but also for the precedents it'll set.

My guess is they'll plead with the plaintiffs to settle out of court to not legally fuck themselves over, even if it costs a bundle.

Lets hope that said plaintiffs don't settle, ey?

 

[deathyepl]

HAAAA-ha!

 

[SimuLord]

An EA executive dies a thousand deaths, a brave man but one.

When are companies going to realize that the amount of resources they put into DRM and the lost goodwill is a value greater than the value of actual property lost to piracy? If I were an EA shareholder (and if I could stay away from high ledges after seeing EA's share price these days), I'd file a lawsuit against the company's upper management for conduct detrimental to the stockholders. Their entire upper management, from CEO John Racketeero or whatever his name is to the board of directors who should be stopping this crap, need to go.

It'd be like installing a million-dollar security system worthy of the Hope Diamond by someone who lived in a trailer park and had nothing but a few NASCAR souvenirs and a dog to protect.

 

[dekkarax]

Huzzah, a fitting punishment

 

[axia777]

Mmm, that is surprising, NOT!

 

[ima420r]

How do we get in on these lawsuits? How many of us got Creature Creator? We all got the damn DRM software infesting our PCs? I'd love to join in on a class action suit against EA. I didn't buy SPORE (as I had really REALLY wanted to for a long while) and I won't buy any EA games as long as they continue to punish the end user for buying their products!

 

[Sirisaxman]

This is why I don't buy any EA games on PC. The day they are somehow able to sneak DRM into their console releases is the day I will stop buying their console games, as well.

 

[TsunamiWombat]

Holy shit what? I DL'd creature creator. And I DID have to some time after format C: and reinstall windows to fix perpertual bugs that I THOUGHT were a virus because I downloaded a naughty video codec.

Who do I contact about this? Are they private or class action? If nothing else, is there any sort of moral support I can lend these people, or sign a petition, or anything they can use in their suit?

Also, man EA has been getting hit alot lately. I guess consumers actually DO exercise a power when they are enraged enmasse. Power to the people!

 

[Calobi]

If these are class action, does that mean that anyone who downloaded/bought those games can get in on the fun? Because I would love the chance to make some money off of EA's brilliant idea to include SecuROM with their products.

Also, wasn't there one of these for the full version of Spore? If so, what happened there?

 

[TsunamiWombat]

If these are class action, does that mean that anyone who downloaded/bought those games can get in on the fun? Because I would love the chance to make some money off of EA's brilliant idea to include SecuROM with their products.

Also, wasn't there one of these for the full version of Spore? If so, what happened there?

In the full Spore version, EA was technically within it's rights since it was a product to be purchased and you were informed ahead of time before install.

In this case however it was free downloadable content, and no warning was provided.

 

[Jumplion]

Call me a pessimist, but this won't change anything.

But, oh, how I would love to be wrong on that.