UbiSoft sued for using StarForce

[Gizmo]

A gentleman by the name of Christopher Spence has filed a class action lawsuit against UbiSoft. The suit alleges that:

1. UbiSoft titles using StarForce DRM do not always indicate that they are installing the StarForce DRM software.
2. StarForce DRM can compromise the security of a Windows computer by allowing a virus or trojan to take control of a computer despite any security patches that may be installed.
3. Users do not receive a notice that removal of the StarForce DRM may be required to prevent their computer from being compromised
4. Uninstalling UbiSoft titles using StarForce DRM may not, in fact, remove the StarForce DRM from the computer.

You can read the entire draft of the suit against UbiSoft here.

So, what do you think? Is Mr. Spence right to sue UbiSoft? Should he be going directly after StarForce instead? Is this a frivolous lawsuit that should never have seen the light of day? Tell us!

[Daniel ~]

I hope he nails both! You can't package poison and label it baby food and not have someone throw up on you!

(Not my best day for metaphors...":O}

[Gizmo]

As a legal matter, I think it is better to go after UbiSoft and the other software publishers who use StarForce (and other DRM technologies for that matter). While I understand, appreciate, and sympathize with their desire to protect their intellectual property from theft, they have to understand that installing stuff that has a deleterious effect on our machines is unacceptable. If enough outfits like UbiSoft experience pain from the use of stuff like StarForce, they will be more hesitant about including this stuff and more interested in making sure that it works correctly, which will in turn apply pressure to people like StarForce, and may even result in StarForce et. al. being sued by their customers (UbiSoft).

On the other hand, if the end user goes after StarForce directly, then StarForce can always muddy the waters by saying that UbiSoft incorrectly implemented the product, etc., etc. And even if StarForce is ultimately driven out of the market, since the publishers (UbiSoft, et. al.) aren't feeling any pain, there is nothing to discourage them from using the next scumbag DRM vendor that crosses their path.

[danrok]

StarForce is easily cracked by those who want to do that. So, as usual it's just the innocent paying customers who suffer.

I don't like all this DRM. Why should I have to put up with it when I have always paid for any copyrighted material I have?

[benighted]

Originally Posted by danrok

I don't like all this DRM. Why should I have to put up with it when I have always paid for any copyrighted material I have?

You shouldn't. People that can't afford to buy the product aren't going to buy it no matter how much copy protection they use.

[Chesso]

That's the thing, I don't mind people that can't afford and don't use it to gain profit or give off to others unless of course in a similar circumstance but then you have the people out there that just do it even if they have ridiculous amounts of money and resources.

[Gizmo]

Are you saying, then, that it is generally ok to take what doesn't belong to you if you want it and can't afford it?

[Pitch]

Originally Posted by Chesso

That's the thing, I don't mind people that can't afford and don't use it to gain profit or give off to others unless of course in a similar circumstance but then you have the people out there that just do it even if they have ridiculous amounts of money and resources.

I can't afford the car I want at the moment... So by your logic, I can just steal one and aslong as I don't sell it on, I'm not doing anything wrong.

[Chesso]

As many, actually some of you I believe have said yourselves that you can't really compare a solid object like a car to pretty much zero-cost copy of something virtual.

It takes alot of money to manufacture a car like alot of things including games and movies however cars can't just be copied so easily and distributed for such a low if any cost depending on the distrobution method.

I consider it a matter of moral rather then legality. I don't follow all the rules, can anyone here honestly say they do?

I'm not saying it's ok but using a car as a defence isn't going to cut it.

BTW are we on topic here iv'e forgotten what was going on in this thread I think i'll take a gander above.

[danrok]

No, it's not the same as stealing a car.

But, it is illegal and the honest ones have to pay the price for those who cheat.

I don't want software like Starfarts or DRM on my PC, but it is forced upon me because others feel happy to just help themselves to something which does not belong to them.

Copy protection software has to be paid for, again by me when I hand over my money for a new game.

The publishers claim that they're losing money and use this as an excuse/reason to keep their prices high. So, again I loose out.

Meanwhile, all the freeloaders lose nothing.

If we were all freeloaders, then there would be no games to play at all.

[Gizmo]

Originally Posted by Chesso

It takes alot of money to manufacture a car like alot of things including games and movies however cars can't just be copied so easily and distributed for such a low if any cost depending on the distrobution method.

The following may seem harsh. Well, it is, a little. Life is like that. If you have a thin skin, don't read it. Please remember however, that my purpose is not to be mean, only to bring understanding. I am taking the time to do this because you seem to be generally rational, so I think there may be a chance to enlighten you on this matter.



It takes a lot of money to write a program. I know, because that is what I do.

Why does it take a lot of money? Because, while I am developing that program, I have to pay my taxes, keep the lights on, a roof over my head, food in my family's belly, and clothes on their backs. If it is a large program that takes a long time to develop, it may take the efforts of tens or hundreds of programmers.

Distribution DOES cost money, even if it is on the Internet. Do you think bandwidth is free? What about the time it takes to build a web page, or the effort involved in creating the slick graphics that everyone likes? Do you think the people doing that stuff are just going to give it away?

See, to you it seems like a harmless thing "It's just bits on the disk, it doesn't have any physical existence; it's not like I'm stealing a car".

To me, it is the theft of my work. You are taking something that I worked long and hard to create; the product of my genius and creativity. I have labored many hours to produce something that I can take pride in, and your response? "Gee, looks nice; think I'll steal it".

I can understand that you may not be able to afford it, but there is this little thing called 'self control'. Maybe you've heard of it? There are a great many things that <I> would like to have (including software) that I either can't afford or am unwilling to pay the asking price for, so I either do without them or I wait until they are availabe for a price I am willing to pay.

To be clear, there are times when stealing is defensible; e.g. if my kids were starving and there was no legal way for me to obtain food for them to eat, you'd better believe that I'd do whatever I had to in order to feed them. But we are talking about life-and-death-type situations, where society has failed in its obligation to it members, despite their best efforts to abide by the rules, NOT "Gee, looks nice".

I already give away huge amounts of my time and resources to those things I feel are beneficial to others, of my own free will. I really don't appreciate someone telling me that I am REQUIRED to give them whatever they ask of me, without giving me anything in return. That is effectively what happens when you steal something.

[Daniel ~]

I think it bears repeating that this isn't about who they are, it's about who we are. MS is in my view the rats ass of capitalism. They couldn't care less about the quality of their product so long as it sells and continues to sell.

They are as far from me and my views as heaven is from hell. I truly wish them harm.

Then there is you and me. Who we are. If we don't make a difference between them and us, there won't be a difference between them and us. The salt will have lost it's savor. (The essence of salt is it's unique flavor. The essence of the common man is his basic good faith and honestly.) Should he lose that, he will lose all that separates him from MS in spirit.

He will lose what makes him, himself.

[Favu]

On a slightly more humerous and off-topic note :

Gizmo! You stole my news!

[Gizmo]

Originally Posted by Favu

On a slightly more humerous and off-topic note :

Gizmo! You stole my news!

Oh man, I am sorry! If I'd've realized that, I'd have linked to your post instead!

[danrok]

I can't see how someone can claim that they can't afford to buy a game or a CD.

Even when I was a kid, I could afford to buy a game every 2 weeks. I did a paper round to get the money. I hated it, but it was either that or no games.

A game costs very little compared to a PC. So, if you can afford a PC, surely you can afford to buy games? How many games does one person need, anyhow?

Then there's all those free games. So, it's a very weak arguement.

[Daniel ~]

I can't afford games very often. I always need at lest one more game than I have! I could afford more if I didn't have a computer to run them on !

I simply wish to learn to accept the lot I'm given and try no to worry to much about what I am not...

Sometimes we just have to stop playing games and understand we were meant to have and deal with our limitations.

Those who can or will not, become thieves.