In September, we discussed a class-action suit filed against Electronic Arts over the DRM in Spore. Now, two new class-action suits have been filed that target the SecuROM software included in a free trial of the Spore Creature Creator (PDF) and in The Sims 2: Bon Voyage (PDF). If this sort of legal reprisal continues to catch on, EA could be seeing quite a few class-action suits in the future. One of the suits accuses: "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 ... [SecuROM] cannot be completely uninstalled. Once installed it becomes a permanent part of the consumer's software portfolio ... EA's EULA for Spore Creature Creator Free Trial Edition makes utterly no mention of any Technical Protection Measures, DRM technology, or SecuROM whatsoever."

coondoggie writes with this excerpt from NetworkWorld: "What do you get when you mix the government, the court system, company lawyers and Joe Consumer? A serious mess that would send most people screaming into the night. But the Federal Trade Commission is no such entity. It wants to straighten Intellectual Property (IP) out and today said it will hold a series of hearings — the first in Washington, DC on Dec. 5 — it will use to examine IP law and the myriad issues surrounding it. Interested bigwigs from the tech industry, including Cisco, Yahoo and the Computer & Communications Industry Association are expected to testify along with professors, lawyers and other industry players. The patent system has experienced significant change and more changes are under consideration, the FTC said." The FTC held some different, but related hearings this week which addressed topics such as copyright law and DRM interoperability. Transcripts, podcasts, and summaries of the talks are available on the FTC-hosted "Protecting Consumers in the Next Tech-ade" site.

Geek Satire writes "Voting works only if you believe your vote gets counted accurately. The 2008 US elections have avoided many well-known problems of the 2004 and 2000 elections, but many problems remain. O'Reilly News interviewed Dr. Barbara Simons, advisor to the Federal Election Assistance Commission, to review electronic voting in the 2008 US elections, discussing the physical security of storing and maintaining election machines, the move from electronic back to paper ballots, and why open source voting machines don't necessarily solve problems of bugs, backdoors, and audits."

sunderbear noted that EAs Command & Conquer 3 shipped missing the last digit of the CD Key. He writes "EA's brightest minds have put their synapses into overdrive in order to whip up a comical work-around. 'There is currently a work-around that may allow you to bypass this issue. Since you have the first 19 characters of the code already, you can basically try guessing the last character,' said a note on EA's customer support site. Yes, they're serious. 'To do this, simply enter your existing code, and then for the last character, try the letters A-Z, and then the numbers 0-9. You should eventually get the right combination, and be able to play the game.'" It appears that the helpful hint has been purged.

The Nintendo DSi was released in Japan on Saturday, and the initial production run of 200,000 units has already sold out. 1Up has done some comparisons to the DS, and they have a video feature tour of the new hardware (which, predictably, has already been hacked). The image editing software is reported to be rather bare-bones, and the browsing is slow, but both features could likely be used with games in interesting ways. Nintendo will be launching a series of WarioWare games to demonstrate the DSi's capabilities. The DSi will likely reach North America next summer.

Sockatume writes "A coalition of seven UK digital music stores have created a logo for DRM-free, MP3 music. The 'MP3: 100% Compatible' logo allows the stores to emphasize the advantages of the format, namely that MP3 files will run on any device and won't keel over and die as DRM-laden files are wont to. The BPI — the UK equivalent of the RIAA — is backing the scheme, emphasizing that it will also allow users to identify legitimate stores."

Valve announced yesterday that their extension of Steam, called Steam Cloud, will launch later this week with the Left 4 Dead demo. Steam Cloud is "a set of services for Steam that stores application data online and allows user experiences to be consistent from any PC." We discussed an early announcement for it back in May. Valve adds that "Steam Cloud will be available to all publishers and developers using Steam, free of charge, and Valve will add Cloud support to its back catalog of Steam games. Cloud services are compatible with games purchased via Steam, at retail, and other digital outlets."

lamaditx writes "The world of the .NET framework is taken to the next level by the release of .NET 3.5. The intended audience of this book are experienced .NET programmers. There are no sections that tell you details about C#, SQL servers or anything like that. I don't recommend this book if you never worked on a .NET project and don't know how to set up a SQL database. You should be aware that the code is written in C#. You might use one of the software code converters if you prefer Visual Basic instead. I think the code is still readable even if you do not know C#. I appreciate the fact that the authors decided to use one language only because it keeps the book smaller. The authors assume you are using Visual Studio 2008. You don't necessarily need to update to 2008 if you are working with an older edition because you can use the free Express Edition to get started." Keep reading for the rest of Adrian's review.

CNet is reporting that Netflix has opened up its "Watch Instantly" feature to Mac users (here is Netflix's blog entry). They accomplished this by using Microsoft's Silverlight technology on both platforms, abandoning the Windows Media Player solution that had been employed in the first, Windows-only, version. Silverlight's DRM capabilities meet Netflix's needs, apparently. Netflix warns that this is beta software. Mac users can opt in here, then watch instantly with Safari or Firefox 2+, with the Silverlight plugin in place. Movie selection is somewhat limited.

An anonymous reader writes "BD+, the Blu-ray copy protection system that was supposed to last 10 years, has now been solidly broken by a group of doom9 researchers. Earlier, BD+ had been broken by the commercial company SlySoft." Someone from SlySoft posts a hint early in the thread, but then backs off for fear of getting fired. The break is announced on page 15.

Earlier this week, Bethesda released Fallout 3 after a long campaign of defending and protecting the game's reputation from claims that it contained inappropriate content. Ads for the game in Washington DC's subway system were pulled after they upset some touchy travelers over the depiction of post-apocalyptic Washington landmarks. Shortly before the game's release, early trailers were removed as well. Earlier this year, the game was banned in Australia for its in-game use of morphine, causing the drug's name to be changed to Med-X. On the issue of sensitive content, Bethesda's Emil Pagliarulo wrote in Edge Magazine about the design decision to disallow the killing of children in the game. Gamasutra ran an opinion piece on the same subject, and the Washington Post discusses the role of Washington DC in Fallout 3. On the DRM front, the game does come with SecuROM, but Bethesda says it's only used for a disc check. Reviews for the game have been overwhelmingly positive so far, despite reports of bugs with the save system and occasional lock-ups.

eldavojohn writes "The BBC is planning to release some of its programmes to users of GNU & Linux. You won't see Doctor Who or Dragons' Den on there anytime soon, but they have been working with Canonical & Collabora on getting this out there for Totem users. The developer blog mentions that the sheer number of options in the open source world actually makes this difficult to accomplish."

alphadogg writes "A assistant professor from the University of Illinois at Urbana-Champaign is sounding a warning that companies, the government and researchers need to come up with a plan for preserving our increasingly digitized data in light of shifting document management and other software platforms (think WordPerfect and floppy disks). Jerome P. McDonough, who teaches at the Graduate School of Library and Information Science at the University of Illinois at Urbana-Champaign, says there exists about 369 exabytes worth of data, and that includes some pretty hard to replace stuff, including tax files, email and photos. Open standards could play a key role in any preservation effort, he says. 'If we can't keep today's information alive for future generations, we will lose a lot of our culture,' McDonough said. Even over the course of 10 years, you can have a rapid enough evolution in the ways people store digital information and the programs they use to access it that file formats can fall out of date.'"

arcticstoat writes "With all the controversy surrounding DRM in games at the moment, one games store has decided to buck the trend, proudly proclaiming that all its games are DRM-free. First announced back in July, Good Old Games is now in the public beta stage, which means that anyone can now access the site's archive of classic PC games, and you can do what you want with your game when you've bought it, too. 'You won't find any intrusive copy protection in our games; we hate draconian DRM schemes just as much as you do,' says the site. 'Once you download a game, you can install it on any PC and re-download it whenever you want, as many times as you need, and you can play it without an internet connection.'" In related news, Stardock, the company responsible for the Gamer's Bill of Rights, is apparently working on a new copy-protection solution that will be friendlier to consumers than current schemes.

Oprah Winfrey enthused about the Amazon Kindle on her show today — it's her "new favorite thing" — and had Jeff Bezos on to announce a $50-off offer good till Nov. 1. A plug on Oprah is ordinarily a sign that a product has crossed over into the mainstream. But her show's audience has been slipping lately, and it's unclear how many cash-strapped citizens will be willing to part with $309 (after the special offer) for a new techno-gadget, for which they then have to shell out more money for DRM-encrusted content.

arcticstoat writes "If you've played Bioshock, you'll know it can be a tough choice deciding whether you're going to kill the cute (yet evil looking) Little Sisters and extract their ADAM, or let them live. Your choice even affects whether you're given one of three possible endings of the game, and their story will now continue to be told in the sequel. 2K Games has just released a trailer for the new game, showing what appears to be a grown up Little Sister, still clutching a toy, while the city structure of Rapture springs up around her. No gameplay is shown, but it does give a hint as to what the game will be about, and it looks as though the game may take you onto dry land." Gamespot initially confirmed the trailer's authenticity after it was leaked last week. A representative from 2K Games also mentioned Bioshock 2 was "destined for the PlayStation 3, Xbox 360 and Windows PC platforms."

Barence writes "An open-source digital rights management (DRM) scheme says it's ready to supplant Apple and Microsoft as the world's leading copy protection solution. Marlin, which is backed by companies such as Sony and Samsung, has just announced a new partner program that aims to drive the DRM system into more consumer devices. 'It works in a way that doesn't hold consumers hostage,' Talal Shamoon told PC Pro. 'It allows you to protect and share content in the home, in a way that people own the content, not the devices.' When asked about the biggest problem of DRM — that customers hate it — he argued that 'the biggest problem with DRM is people have implemented it badly. Make DRM invisible and people will use it.'"

With the first add-on pack for Sins of a Solar Empire arriving in just under a month, publisher Kalypso Media has announced that three more add-ons are on their way as well. Gamespot has an early look at the first add-on, Entrenchment, and a couple of additional screenshots are available at Shacknews. The game's creative director, Craig Frazer, also explained their reasoning for making small expansions rather than large ones: "If PC gaming is to survive, the industry will need to be open to change. We went out on a limb with our anti-DRM stance and it paid off really well. We tried an unusually long beta period and that worked as well. Micro-expansions are just another experiment we are trying out to improve the market. These small expansions give us the opportunity to provide highly focused, high quality content within a reasonable time frame. Micro-expansions also reduce the development risk associated with 1-3 year cycles. With lower risk, we can be far more progressive in terms of gameplay and content."

Newsweek reports that next year's E3 will be expanding its attendance cap to 40,000 in an attempt to return as the premiere large-scale gaming expo. E3 scaled back its operations over the last few years, leading some to speculate that it was outliving its usefulness. This year, according to E3's organizers, we can "expect a boat load of press conferences on Monday during the day and on Tuesday morning." Newsweek also claims E3 will be opening to the public for the first time, allowing fans inside for the last two days of the event. However, G4's coverage says that while the vetting process for attendees will be eased, the event still won't be open to the public. An official announcement will be made tomorrow by the Entertainment Software Association.

VideoGamer sat down with Randy Stude, president of the PC Gaming Alliance, to talk about the state of piracy and DRM in today's gaming industry. He suggests that many game studios have themselves to blame for leaks and pre-launch piracy by not integrating their protection measures earlier in the development process. He mentions that some companies, such as Blizzard and Valve, have worked out anti-piracy schemes that generate much less of a backlash than occurred for Spore . Stude also has harsh words for companies who decline to create PC versions of their games, LucasArts in particular, saying, "LucasArts hasn't made a good PC game in a long time. That's my opinion. ... It's ridiculous to say that there's not enough audience for that game ... and that it falls into this enthusiast extreme category when ported over to the PC. That's an uneducated response." Finally, Stude discusses what the PCGA would like to see out of Vista and the next version of Windows.