Kelly writes "An unsealed document in a Washington lawsuit filed last week at Seattle, Microsoft was well aware that the Xbox 360 was prone to damaging game discs even before the console was introduced in November 2005. Microsoft had three solutions for solving the issue, but all three solutions were rejected due to technical concerns or on the basis of cost. Microsoft settled on a cost-free fourth solution: a warning was added to Xbox 360 manual, which essentially placed the blame on users instead of the hardware." The scratching-disks problem was mentioned a few years back, too. I wonder whether more people would prefer a slight discount on the price of a console to the ability to reorient it while a disk was playing inside.

IamTheRealMike writes "A month on from the story that BD+ had been completely broken, it appears a new generation of BD+ programs has re-secured the system. A SlySoft developer now estimates February 2009 until support is available. There's a list of unrippable movies on the SlySoft forums; currently there are 16. Meanwhile, one of the open source VM developers seems to have given up on direct emulation attacks, and is now attempting to break the RSA algorithm itself. Back in March SlySoft confidently proclaimed BD+ was finished and said the worst case scenario was 3 months' work: apparently they underestimated the BD+ developers."

Ars Technica reports that the upcoming PC version of Ubisoft's Prince of Persia will not feature any sort of copy protection. (Not including Steam downloads, of course.) After the backlash in recent months over the DRM in games like Spore and GTA IV, Ubisoft is giving gamers the chance to demonstrate that DRM actually increases piracy. One of Ubisoft's community reps had this to say about their decision: "You`re right when you say that when people want to pirate the game they will but DRM is there to make it as difficult as possible for pirates to make copies of our games. A lot of people complain that DRM is what forces people to pirate games but as PoP PC has no DRM we`ll see how truthful people actually are. Not very, I imagine. Console piracy is something else entirely and I`m sure we`ll see more steps in future to try to combat that."

Medieval Cow writes "Sir Paul McCartney has a side project called The Fireman and he's just released their new album, Electric Arguments, as a digital download. Why this is of interest to this community is that he released it 100% DRM-free. You can purchase just the digital files, or if you purchase a physical CD or vinyl copy, you are also given access to the digital download. Not only that, but the download is available in 320-kbps MP3, Apple Lossless, or even FLAC format. If you're interested in trying before you buy, you can listen to the entire album in a Flash player on the main page of the site. It's so nice to see a big musician who gets it. Bravo, Sir Paul!"

snydeq writes "Ars Technica's Nate Anderson and InfoWorld's Paul Venezia provide worthwhile commentary on a recent speech by FCC Commissioner Deborah Taylor Tate (PDF), in which she praised DRM as 'very effective' and raised a flag in favor of ISP filtering. Anderson: 'Having commissioners who feel that the government has a duty to partner with and back educational classroom content from the RIAA; who really believe that ISP filtering is so unproblematic we can stop considering objections; and who think that universities worry about file-swapping because tuition might be raised to pay for the needed "expansion of storage capabilities" (huh?) isn't good for the FCC and isn't good for America.' Venezia: 'Leave the ISPs out of it — it's not their job to protect a failing business model, and a movement toward a tiered and filtered Internet will do nothing to stem the tide of piracy, but will result in great restrictions on innovation, freedoms, and the general use of the Internet. There's nothing to be gained down that path other than possibly to expand the wallets of a few companies.'"

TorrentFreak has posted some statistics on the most pirated games of the past year. Leading the list by a large margin is Spore, made infamous even before its release for the draconian DRM attached to the game. It was downloaded through BitTorrent roughly 1.7 million times, with The Sims 2 and Assassin's Creed following at just over a million each. (It's worth noting that Spore came out in September, so that figure is essentially for a mere three months.) GameSetWatch has posted a related piece discussing the countermeasures involved in dealing with piracy. It's the second article in a series about piracy; we discussed the first a couple days ago.

Jupix writes "It took Rockstar most of a year to port Grand Theft Auto IV to the PC, and while they claim this was because they wanted polish and quality with their PC release, it appears the result has been less than satisfactory. Players all over the internet are furious over numerous bugs in the release, ranging from nonfunctional internet registration and graphics glitches to completely inoperative installations. One of the game's largest retailers, Steam, has reportedly gone so far as to start handing out refunds to hordes of unsatisfied (and no doubt uncomfortably noisy) customers."

An anonymous reader writes "Several sites are running a story about a domain hijacking at Checkfree, the largest provider of online bill payment services to numerous banks and credit unions. According to Network Solutions, someone logged in to the domain administration page using Checkfree's account, and redirected its domains to a site in the Ukraine configured to serve up malware to unsuspecting users." Things like this make me nervous about switching to otherwise-tempting online bill payment, but checks are dangerous, too.

Ars Technica is running a story about recent comments by Valve's Gabe Newell in which he bluntly stated, "As far as DRM goes, most DRM strategies are just dumb. The goal should be to create greater value for customers through service value (make it easy for me to play my games whenever and wherever I want to), not by decreasing the value of a product (maybe I'll be able to play my game and maybe I won't)." Ars then points out a response by Microsoft's Games for Windows Community Manager Ryan Miller suggesting Rockstar Games' recent decision not to have install limits for the PC version of GTA IV made the use of SecuROM acceptable. GameSetWatch has a related piece discussing the difficulty in measuring piracy and enforcing infringement laws.

An anonymous reader writes "For copyright activists, Christmas comes but once every three years: a chance to ask Santa for a new exemption to the much-hated Digital Millennium Copyright Act's prohibitions against hacking, reverse engineering and evasion of Digital Rights Management (DRM) schemes protecting all kinds of digital works and electronic items. Judging from the list of 20 exemptions requested this year [19 shown], some in the cyber-law community are thinking big. The requests include the right to legally jailbreak iPhones in order to use third party software, university professors wishing to rip clips from DVDs for classroom use, YouTube users wishing to rip DVDs to make video mashups, a request to allow users to hack DRM protecting content from stores that have gone bankrupt or shut down, and a request to allow security researchers to reverse engineer video games with security flaws that put end-users at risk." Reader MistaE provides some more specific links to PDF versions: "Among the exemption proposals is a request from the Harvard Cyberlaw Clinic to allow circumvention of DRM protection when the central authorization server goes down, a request from the EFF to allow circumvention to install third party programs on phones, as well as a request for ripping DVDs for non-commercial purposes. There were also several narrow requests from educational institutions to rip DVDs for classroom practices."

Gamasutra reports on a set of standards (PDF) published by the Entertainment Merchants Association to promote the use of technology that would "disable" games and DVDs until they are activated when purchased. "The effort is codenamed 'Project Lazarus,' and the EMA says it's assembled a consortium of retailers, home video companies and video game publishers to see how easily such 'benefit denial technology' could be implemented, and to evaluate possible cost-benefit analyses. The initiative is similar to security tags used in clothing retail that spill ink on garments if they're forcibly removed, thereby destroying the item. In such a situation, shoplifting is discouraged by implementing a solution that only the retailer can remove at the point of sale."

Several readers pointed out a ComputerWorld UK blog piece on the expanding ripples of the Vista fiasco. Glyn Moody quotes an earlier Inquirer piece about Vista, which he notes "has been memorably described as DRM masquerading as an operating system": "Studies carried out by both Gartner and IDC have found that because older software is often incompatible with Vista, many consumers are opting for used computers with XP installed as a default, rather than buying an expensive new PC with Vista and downgrading. Big business, which typically thinks nothing about splashing out for newer, more up-to-date PCs, is also having trouble with Vista, with even firms like Intel noting XP would remain the dominant OS within the company for the foreseeable future." Moody continues: "What's really important about this is not so much that Vista is manifestly such a dog, but that the myth of upgrade inevitability has been destroyed. Companies have realized that they do have a choice — that they can simply say 'no.' From there, it's but a small step to realizing that they can also walk away from Windows completely, provided the alternatives offer sufficient data compatibility to make that move realistic."

arcticstoat writes "Game developer Rockstar has revealed that the forthcoming PC version of Grand Theft Auto IV will feature the controversial SecuROM 7 DRM system. Unlike some of EA's recent titles, such as Spore and Mass Effect, GTA IV won't limit the number of times that you can install the game, although SecuROM will be impossible to remove without leaving 'some traces' on your PC. Anyone hoping to avoid SecuROM by downloading the game form Steam will also be disappointed, as Rockstar says that all versions of the game will feature SecuROM, including digital versions online. On the plus side, Rockstar says that it's 'working with SecuROM to post information on our support pages regarding how to remove these inactive traces of the program for users who wish to do so.' Has Rockstar gotten a better balance between draconian DRM and fair copy protection here?"

narramissic writes "Lenovo plans to announce on Tuesday a service that allows users to remotely disable a PC by sending a text message. A user can send the command from a specified cell phone number — each ThinkPad can be paired with up to 10 cell phones — to kill a PC. The software will be available free from Lenovo's Web site. It will also be available on certain ThinkPad notebooks equipped with mobile broadband starting in the first half of 2009. 'You steal my PC and ... if I can deliver a signal to that PC that turns it off, hey, I'm good now,' said Stacy Cannady, product manager of security at Lenovo. 'The limitation here is that you have to have a WAN card in the PC and you must be paying a data plan for it,' Cannady added."

Crispy Gamer sat down with Hal Halpin, president of the Entertainment Consumer Association, and had him explain how the games industry interacts with various aspects of the government, such as lobbying efforts, the supreme court, and particular politicians. A related editorial suggests some things President Elect Obama can do to bring change to the industry. "We also need to rein in the used games market and not with DRM. It is fundamentally unfair that developers are being robbed of profits for work that they've done. If the ESA will not offer a mandate, then we'll need the government to do so. Publishers and developers should be entitled to at least half of the price from the sale of every used game." Kotaku has a response which points out flaws in the author's arguments.

GameCyteSean writes "GameCyte is reporting that Harmonix, EA, MTV and Viacom have been targeted by a class action lawsuit. Customers allege that the companies knowingly shipped defective bass drum pedals for the music game Rock Band, then exploited customers' necessity for replacements by having the game's hardware warranty extension expire just as the sequel, Rock Band 2 — a game with improved pedals — was scheduled to release." I wonder if we'll see a similar suit against Neversoft and Activision over the equipment problems related to the Guitar Hero World Tour launch.

TRS-80 writes "Apple has sent a DMCA takedown notice to the IpodHash project, claiming it circumvents their FairPlay DRM scheme. Some background: Apple first added a hash to the iTunesDB file in 6th-gen iPods, but it was quickly reverse-engineered. They changed it with the release of iPhone 2.0 and a project was started to reverse the new hash, but wasn't successful yet. My guess is Apple used the same algorithm as FairPlay for the new hash, so Apple could use the DMCA to prevent competing apps like Songbird and Banshee from talking to iPods/iPhones. BTW, don't tell Apple, but the project uses a wiki, so the old page versions from before the takedown are still there."

raque writes "Appleinsider is reporting that the new MacBooks/MacBookPros have built-in copy protection. Quote: 'Apple's new MacBook lines include a form of digital copy protection that will prevent protected media, such as DRM-infused iTunes movies, from playing back on devices that aren't compliant with the new priority protection measures.' Ars Technica is also reporting on the issue. Is this the deal they had to make to get NBC back? Is this a deal breaker for Apple or will fans just ignore it to get their hands on the pretty new machines? Is this a new opportunity for Linux? And what happened to Jobs not liking DRM?"

Rinisari writes "Finally, the day has come. Adobe has released a pre-release version of the 64-bit Flash player. It is available at the Adobe Labs Flash Player 10 download site immediately. Where are the Windows and Mac versions? 'Release of this alpha version of 64-bit Flash Player on Linux is the first step in delivering upon Adobe's commitment to make Flash Player native 64-bit across platforms. We chose Linux as our initial platform in response to numerous requests in our public Flash Player bug and issue management system and the fact that Linux distributions do not ship with a 32-bit browser or a comprehensive 32-bit emulation layer by default. Until this pre-release, use of 32-bit Flash Player on Linux has required the use of a plugin wrapper, which prevents full compatibility with 64-bit browsers. With this pre-release, Flash Player 10 is now a full native participant on 64-bit Linux distributions.' Windows and Mac OS X 64-bit versions will follow, and the final versions all will be released simultaneously. Tamarin, the JIT compiler in Flash, is now capable of producing 64-bit code and nspluginwrapper is no longer required. There are, however, no plans to release a debugger version of the 64-bit plugin."

Microsoft has confirmed that they've been wielding the banhammer lately over modifications to the Xbox 360 which allow players to run pirated games. Xbox Live's Major Nelson said the action would also void the warranty on the offending console, and that Microsoft will "continue to employ and bolster anti-piracy security measures to counter piracy in the gaming industry and improve security in the Xbox LIVE community." Meanwhile, Blizzard dealt with 350,000 of their own problem users on Battle.net, saying simply that they wouldn't tolerate cheating. This is likely one of many steps to clean up the system before it gets revamped for use with StarCraft II.