Class Action Lawsuit Filed Against EA

[masochist 111]

(Taken from a post on an Amazon.com forum)

In a 36-page report, plaintiff Melissa Thomas claims that SecuROM is an undisclosed program that is installed without the user's knowledge into the core processing center of the system ("The Kernel"), and cannot be uninstalled without reformatting or re-installing the hard drive or operating system.

[Court Report]

Additional information can be found at the following sites:

[Game Politics]

[sim Programs]

[Perpetual Insomniac]

Okay...who didn't see this coming ?

[coolotter88 2]

the court website died because of all the people going there

[masochist 111]

I had a couple of the links messed up, but I've fixed them now.

[Easy Bakes 253]

Electronic Arts, a leading maker of computer games, defrauds consumers through its "Spore" game, which "completely wipes their hard drive" and replaces it with an undisclosed program that prevents the computer from operating under some circumstances and disrupts hardware operations, a class action claims in Federal Court. 

 The class claims that "Spore," a virtual reality simulation game, contains "a second, undisclosed program" called SecuROM, a "form of Digital Rights Management (DRM) for computer games."

 

Consumers are not warned about the program, which is installed without notice and cannot be uninstalled, even if the uninstall Spore, the complaint states. The secret SecuROM program is "secretly installed to the command and control center of the computer (Ring 0, or the Kernel), and surreptitiously operated, overseeing function and operation on the computer, preventing the computer from operating under certain circumstances and/or disrupting hardware operations," the complaint states.quote>

Umm i thought it was Disclosed that  secuROM was going into Spore? Years ago.

Dont know about the rest.

now my Spore Box dosent mention SecuROM is included in the program but

Im quite sure its in the EULA. Read it.

[gstommylee 6]

Easy Bakes

You don't get to see the EULA till after you buy the game and pop in the disc

[Rymac91 15]

The EULA states(under Technical Protection Measures)...

Our Software uses access

control and copy protection technology. An internet connection

is required to authenticate the Software and verify your license.

If you are not connected to the Internet, you will not be able to

use the Software until you reestablish an internet connection

and verify the license. The first end user of this License can

install and authenticate the Software on a set number of

machines which may vary by product. If the Software permits

access to additional online features, only one copy of the

Software may access those features at one time. Additional

terms and registration may be required to access online

services and to download Software updates and patches. Only

licensed software can be used to access online services, and

download updates and patches. If you disable or otherwise

tamper with the technical protection measures, the Software

will not function properly."

It merely states that there will be copy protection installed in the software, it doesn't say the software is a separate entity which is permanent, potentially damaging to other software, and running in core of the OS(how exactly one would do this is beyond me).

It's misleading and bad writing as it talks about it being in the software, which would make people assume it goes away when the software goes away, but it's a separate piece of software, which isn't mentioned in the EULA. Essentially, it installs something else behind your back without your permission or without informing you of this action.

[Muck308 55]

From what I understand about Spore... it sounds like SecuROM is vital to it's operation... but I don't know much...

[Patricius Maximus 236]

Well, the SecuRom software is not disclosed on the box, in the installation, or after you install it.

I hope the plantiff wins in this.

[SimRabbit 48]

This is pointless.

On almost every software you install, there is an Agreement and there are two options. I agree and I disagree.

On that long text, this thing (securerom) is mentioned. But I know many American folks just click I agree without reading.

The EULA is also printed in the manual. When you open the box, you must read it to know what you are going to install. Don't agree, go back to the store and get a refund. Simple.

Now this is more stupid than that lawsuit on which a woman sued McDonald because of a hot coffee.

[Haljackey 17,398]

Okay, that's it. I am not buying this game.

...And this is just the first of many that may/will include SecuRom. Do your research people.

Best,

-Haljackey

[hym 358]

Originally posted by: SimRabbit

The EULA is also printed in the manual. When you open the box, you must read it to know what you are going to install. Don't agree, go back to the store and get a refund. Simple. quote>

The problem is that, because it's so easy to pirate things these days, most stores won't let you return such merchandise for a refund.  If you can prove that the product is defective, they'll probably let you exchange it for another copy of the same product, or, if you're really lucky, get a full refund.  However, if the product isn't defective, you can just forget about getting a full refund; very few retailers will do it anymore.  End result is that you're paying to find out that the game contains software you don't want installed on your computer.  That is something to be legitimately upset about.

[SimRabbit 48]

Hym: When I returned Spore I got a full refund at Best Buy. The guy asked why I returned it and I just said that I didn't like it. And finally I got my hard earned $49.

[hym 358]

Fair enough. Every major game retailer (or general retailer that sells games or other electronic media) that I have seen has said that, once opened, you can forget a full refund. It ain't happening, no matter why you think you deserve it.

For whatever it's worth, one of those major retailers was a Best Buy store.

[beebs 129]

Here in Canada, it is in fact against the law to refund any opened movie or game.. maybe CDs as well, I'm not totally sure on that. Best we can do here is an exchange for another copy of the game/movie.

[Easy Bakes 253]

Originally posted by: gstommylee Easy Bakes

You don't get to see the EULA till after you buy the game and pop in the discquote>

 

Im sure if you wanted to  you could find a copy of the EULA of any game on line.

[purpledaddy 6]

That's interesting since it is one of the few games, completely unlike The Sims, that you no longer need the disk in the computer to play it once its been installed.   Why would a retailer take it back once opened?

[gstommylee 6]

Originally posted by: Easy Bakes

Originally posted by: gstommylee Easy Bakes

You don't get to see the EULA till after you buy the game and pop in the discquote>

 

Im sure if you wanted to  you could find a copy of the EULA of any game on line.

quote>

The problem is there is no way to know that it includes the stuff when the person buys the game. That;s why their suing.

[Duke87 1,070]

A justified lawsuit.

Now there's something you don't see every day.

I did not just post exactly the same thing over on Sporeum. It's only your imagination.

[panthersimcity4 162]

I was wondering when this would finally happen. 

Perhaps now EA will disclose that they have this crazy bat poo DRM (or malware as some people consider it) on their games so that the buyer knows before their computer explodes.

[Ntq€310 1]

you know im secretly scream "about time" in the back of my head.

But the fact is the average user wouldn't know about SecuROM, and from what i hear it's not in the game manual eathier. So basiclly they install a program on your computer, that not olny you can uninstall, but also can mess with your computer, with out your knowledge.

[SimHoTToDDy 2,939]

Originally posted by: panthersimcity4

I was wondering when this would finally happen. 

Perhaps now EA will disclose that they have this crazy bat poo DRM (or malware as some people consider it) on their games so that the buyer knows before their computer explodes.

quote>

And that is the part that is completely unjustifiable about what EA is doing, intentionally feeding us malicious software. I am curious to see how EA is going to defend them selves, NO ONE would want this on their machines so why do they think they can get away with it? Even if there is some non-concise fine print somewhere, they shouldn't be allowed to have people pay to get their hardware violated.

That's my opinion (eat it EA),

-Todd

[Easy Bakes 253]

Originally posted by: Duke87 A justified lawsuit.

Now there's something you don't see every day.

I did not just post exactly the same thing over on Sporeum. It's only your imagination.quote>

 

I didnt see anything.

[Wrightguy0 40]

The only way to get the message across to EA is to hit em' in their wallets. No more DRM!

Seriously, Why would I pay good money for a game that will install a program I don't want, that will do damage that will cost me all of my files and a couple hundred to have my computer rebuilt?

[masochist 111]

[spore End User License Agreement (EULA) PDF]

I'm reading it now.  Read it for yourself and see if you can deduce that there is a third-party security measure that, once installed, cannot be uninstalled  (and therefore will constantly use up resources and space that might be better allocated elsewhere, especially on a Vista machine).

...and yes, that link works...

[Godzillaman 21]

I don't even think EA knows what SecuROM does to computers...

[ricb 19]

Originally posted by: SimRabbit This is pointless.

On almost every software you install, there is an Agreement and there are two options. I agree and I disagree.

On that long text, this thing (securerom) is mentioned. But I know many American folks just click I agree without reading.

The EULA is also printed in the manual. When you open the box, you must read it to know what you are going to install. Don't agree, go back to the store and get a refund. Simple.

Now this is more stupid than that lawsuit on which a woman sued McDonald because of a hot coffee.

quote>

First off, if it doesnt mention that it cannot be uninstalled, it is fraud.

Secondly, regarding that stupid lawsuit you mentioned.  Were you aware that:

• The plaintiff suffered third degree burns around the area of her crotch.
• McDonalds was warned repeatedly that the coffee was being served at a temperature that was much too high and did nothing.
• McDonalds was repeatedly warned that the cup and lid design was unsafe and could result in exactly the type of accident that happened, and did nothing.
• The award was equal to exactly one days total coffee sales for all McDonalds at the time.  In other words the jury decided to send a very succinct message to a corporation that acted in a reckless manner.

Dont believe me?  Do a google search of McDonalds coffee lawsuit.  There are several sites that will give you the real story.

[masochist 111]

Also, in the McDonald's Coffee case, the lady originally only asked for the amount it would take to cover the cost of surgery done on the afflicted area. She wasn't looking to get rich.

[NMUSpidey 3,956]

Originally posted by: masochist Also, in the McDonald's Coffee case, the lady originally only asked for the amount it would take to cover the cost of surgery done on the afflicted area. She wasn't looking to get rich.quote>

And she should still be punched in the face for her utter stupidity.

[Wrightguy0 40]

Look, the average consumer isn't going to know about DRM, and it's illegal for it not to be mentioned in the terms of agreement.

I don't think SecuRom was finished when EA got hold of it, most likely they bullied Sony into selling it before they even tested it.

[Easy Bakes 253]

Originally posted by: Wrightguy0 Look, the average consumer isn't going to know about DRM, and it's illegal for it not to be mentioned in the terms of agreement.

quote>

thats probably the basis for thier case, More information about exactly what this does and if its true that even after unistaling spore this is still in your system. I seem to recall Symantec ( Norton) had issues with unistalling/updateing thier products becuase they went to deep into

the registry and the uninstall never got rid of it.

Non  Sporeumers will have no clue this is included.

But  not reading a contract (EULA) will never be an excuse that a court will over turn.