A Better Way Than DRM

I suppose it was inevitable that my first non-introductory post was going to be about DRM. Whenever I talk with people about gaming, somehow DRM or piracy seems to come up, and that of course prompts me to get... intense about my views on the practice.

So it was unsurprising that while at PAX this weekend, I got into an intense discussion with a friend over the subject of DRM. For a quick review, Digital Rights Management, or DRM, is the process of adding layers of security to digital content in order to secure it from things like piracy. DRM can range from the fairly innocuous, like a CD-Key, to SecuROM which limits the amount of installs allowed, all the way to the current draconian measures being taken by Ubisoft.

The problem with DRM is that it by and large fails at its main goal of fighting piracy, and instead manages to hit almost everyone else but pirates. As I was telling my friend, DRM often causes the most harm to the customers that actually purchased the software. It limits them from using their purchased merchandise as they have a right to.

For example, let's take two single player games available for the PC. I'll use Assassin's Creed II from Ubisoft, and Fallout 3 from Bethesda. Both games are completely single player games. However, Assassin's Creed II has Ubisoft's new DRM, which requires the constant online connection to play. Were I to take a laptop, load both games on to it, and then go on a plane ride, I could only play Fallout 3. This is because I do not have an Internet connection on the plane. I purchased both games from a retail outlet. What have I done wrong to not be able to play Assassin's Creed II?

The answer of course is nothing. It illustrates the fact that DRM only punishes the legitimate, paying customer. Furthermore, it is still used when there already exists better alternatives. Without going to much into the motivations behind piracy in this post (I want to talk more in depth about that issue another time), one of the best ways to avoid Day 1 piracy is to present incentives for purchasing the game. EA/Bioware have done an excellent job with this by providing Day 1 DLC for two of their most recent games, Dragon's Age: Origins and Mass Effect 2. They have also come out with other free DLC over time, and I believe they plan to keep doing so. Can this free DLC be pirated as well? Probably. But what it shows is that the developers want to continue to support their customers by providing more content - often at no cost - to their valued customers.

Unfortunately, because it is a benefit to the paying customers is often not enough of a reason. But in this case, there is an added benefit for the developers and publishers to use these types of incentives. Driving into work today, I was listening to Totalbiscuit's Gaming Express podcast, and he was talking about a class-action lawsuit Gamestop is facing over used sales. The basic issue is that, as more games come with Day 1 DLC that is available via a one-time use code included with new games, people who buy the games used find that they cannot access this content without purchasing a new code, often for $10-15, making a used game actually more expensive than a new game. Gamespot loves selling used games, because they turn a huge profit margin by buying back games low and selling them at near-retail price. Publishers hate used games because they don't see any money from them. Therefore, by using this approach, they can not only cut down on piracy, but they can also encourage consumers to purchase the game new. It's a win for consumers who get more bang for their buck, and a win for developers and publishers who can knock back both piracy and used game sales with one strategy.

While developers and publishers have to use methods to protect their product, it should still be important to them that they do right by the customers that provide them their income. I can't think of a better way it is summed up than by the philosophy of independent developer Positech Games:

"We never charge you again for re-downloading your game. We don't limit your installs or use securom or anything similar. You can burn your game to a disc as a backup, and contact us for a re-download if you ever lose the link and your files. We ensure you can always play your game. We won't treat our customers as criminals. You are the people who help us pay the bills, and you can bet your ass we appreciate that."

I'd love to hear what others think about DRM, or just an approach to customers in general.

-Nova