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  • Next XBox could stop you from playing used games

    By Kyle Orland
    Published January 26, 2012 12:10 P.M.

    A recent Kotaku post cites "one reliable industry source" to suggest that the still-unannounced successor to Microsoft's XBox 360 will somehow prevent used games from being played on the system. The idea remains an unconfirmed rumor, of course, but it's something that members of the game industry have floated repeatedly in the past.

    It's also a move that would likely find hefty support from publishers looking for a way to stop what they see as erosion of their profits thanks to used games (the reality is a bit more complicated than that, but we won't rehash that old argument here).

    The renewed debate got us wondering, though: how might such a used-game prevention system actually work on a technical level?

    Kill the disc

    The simplest way to stop used game sales, obviously, is to prevent people from having a physical game to sell in the first place. That would mean a purely online marketplace for the next XBox, building on top of the substantial groundwork laid by the current XBox Live Marketplace—which already sells a wide selection of full retail games. In the aggregate, Marketplace customers don't seem to mind that they can't resell their purchases (the added convenience and generally lower prices compared to retail might have something to do with this).

    But eliminating retail games entirely would totally lock out the substantial minority of XBox owners that still don't have broadband Internet access at home—a 2010 study estimated that 27 percent of XBox owners fell into this group. And even those with slower broadband connections might not enjoy being forced to spend hours or even days clogging up their pipes to download gigabytes of game data.

    All hail the kiosk

    Microsoft could also prevent used game sales while continuing to offer games at retail, but such a move would likely require an entirely new system of distributing those discs. Picture this: instead of a wall of "XBox Next" discs towering over you at your local retailer, you're instead confronted with a line of interactive, touch-screen kiosks. Once you've browsed the selection and decided on a purchase, you insert a digital key cartridge that came with your system.

    The kiosk then gets to work burning you a unique copy of your game on disc, encrypted to run only when that key cartridge is in the system. Using a portable, physical key has the added benefit of allowing players to take their games over to a friend's house, and the ability to continue playing their games if their original system breaks down. Such a kiosk could even print an instruction booklet and a disc case cover, for those dead-enders who are still wedded to their old ideas about what a retail game should include.

    Sound crazy? Microsoft is already testing a similar, burn-on-demand strategy with Windows software kiosks in its Microsoft Stores, so adding a bit of digital-key-based encryption to the mix would seemingly be relatively simple. Actually implementing this kind of top-to-bottom change in the way XBox game discs are distributed would be harder, but it would provide fringe benefits by revolutionizing the supply chain management for Microsoft and its publishers.

    The up-front costs to manufacture and install thousands of these kiosks would be substantial, but in exchange publishers will never again have to coordinate the complicated, worldwide roll-out of millions of individual discs to far-flung retail locations — just upload the code to the kiosk network when it's ready. Retailers would likewise no longer have to worry about ordering too many or too few of a specific game at launch, since the system's entire library could theoretically be available for on-demand burning from a few massive hard drives in the back room.

    Build it into the disc

    If messing with the entire video game supply chain seems too onerous, Microsoft could embed an anti-used-game solution into the physical medium itself. While rumor has it that the next XBox will support Blu-ray discs (a possibility made a bit less likely because of Sony's financial ties to the format), the system could easily sport an entirely new, proprietary disc format designed by Microsoft.

    Not only would the new format be theoretically harder to pirate, but the addition of a small, one-time-writable section on the disc would allow each new purchase to be "branded" with a unique personal identifier the first time it's loaded (this could easily tie in with the kind of physical key described above). Some sort of proprietary flash memory cartridge for retail games could work in a similar fashion, though such mass storage is unlikely to be cost-competitive with high-capacity discs for a while yet.

    An entirely new format for physical game media would likely increase Microsoft's manufacturing costs, preventing the company from using off-the-shelf disc drives in the hardware or mass-produced disc standards for the software. Still, those costs might be worth it if they gave Microsoft the ability to say to publishers that its system is the only one where every game people play is one they had to buy new, straight from the publisher.

    The endgame

    All of these potential used-game-blocking methods would probably just be transitional, in any case. By the time the follow-up to the next XBox is ready, a persistent, high-speed Internet connection could easily be as common in the developed world as a land-based phone line was 30 years ago. At that point, the only thing stopping a console maker from tying each and every purchase to a unique user for all time is the potential player outrage over such a move.

    Then again, if it meant never having to go to a GameStop again, players might consider it a fair trade.
    The Hackmaster

  • #2
    Very interesting read.

    But this is kind of a stupid statement.
    Then again, if it meant never having to go to a GameStop again, players might consider it a fair trade.
    That statement makes it seem like people dread going to GameStop. I don't know about everyone else, but I enjoy going to GameStop and seeing all kinds of video game related merchandise.
    Now broadcasting from the underground command post. Deep in the bowels of a hidden bunker. Somewhere under the brick & steel of a nondescript building. We've once again made contact w/ our leader, OSG

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    • #3
      Plus wouldn't that kinda kill GameStop's business? Well I'm sure the other consoles would still need a retailer if they don't follow suit.
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      • #4
        OK, this is completely unrelated to this thread and all about Gamestop, but...

        Originally posted by OldSchoolGamer View Post
        That statement makes it seem like people dread going to GameStop.
        I do. I hate them strongly. Pay 50 cents for a 2 year old game and they turn around and sell it for over $20? Cheap bastards. I understand needing to make a profit but my god!

        Buy a game and it's too scratched to work and you pointed out that it looks kinda bad when they were showing you the disk? No refund, but we can buy it back from you for nothing and put that money on a gift card for here only, all in the same 2 days with the same employees with the receipt. Assholes.

        Looking for anything the isn't mainstream? I never find it there. Ever. I keep looking to see if I can prove myself wrong, but I never see it. Yet when I wander over to a random pawnshop or some other tiny and little known game place, they have all the same and tons more.

        "Preorder this game from gamestop and get a limited edition blah blah blah" It's all useless junk. If you are going to make something then make something useful, who cares about a fancy Gears of War headset they made or whatever on Earth they are trying to make and sell you. I'm not concerned about getting a special gun a few days earlier than everybody else who didn't get it from Gamestop, I'll easily live.

        Might just be my luck from the 5 Gamestops I've encountered, but I hope they go bankrupt and the higher ups get cancer. They seem more concerned with making money any way they can rather than caring about a customer. They just grab all of the most famous mainstream stuff and sell that, who cares about all of the other things that are less famous and demanded less so they don't ever bother getting it.

        Other places I go and I get reward cards that give me points from what I buy and I can quickly get $10 worth free, without even needing to purchase something first before I use the points when I get enough of them. I they don't have the game, they will order it, and I very much like that. I also like the fact that my other choice play tests all of the games, and check the disk when you buy it and do a disk buffer or whatever for free of charge if you want it. The other place allows me to bring back games that don't work and I get a full refund. They tell me "I know our receipt says return within 7 days if it doesn't work, but you bought those 10 games here last month so I understand that it took until now to get to finding out it doesn't work." It's quite nice. All game consoles, accessories, games, DVDs, anime, and a few other random things.


        It makes me wonder about the counter argument. What do people like about Gamestop that's making them happy?
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        • #5
          I hate them strongly.
          I agree with what bungholio said. I was going to sell a copy of Baldur's Gate: Dark Alliance II. They sell that game TODAY for $40.00. They offered me $5.00 for it. I declined, and still have the game.
          The Hackmaster

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          • #6
            glad that i never have a Xbox and 360. I'm a Sony fan (PS2 user here) as well Retro games

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            • #7
              Is it legal to stop people from selling their used games?

              By Kyle Orland
              Published January 30, 2012 11:41 A.M.

              Recent stories about potential technical efforts to limit the future playability of used games, as well as commercial efforts to limit the content included with used copies, got us wondering: is it actually legal to hinder someone from reselling a game (or piece of a game) that they legally bought in the first place?

              At first glance, such efforts would seem to fall afoul of the first-sale doctrine. First established in a 1908 Supreme Court case and codified into law in 1976, the doctrine basically gives the initial purchaser wide-ranging rights to the use of the product they've bought, including the right to sell it to a new owner.

              So if a retail game comes with online-activated DRM or some other method for preventing a second owner from playing, doesn't that go against this longstanding legal principle? Probably not, according to Electronic Frontier Foundation Intellectual Property Director Corryne McSherry. While the first-sale doctrine says a company can't stop you from selling, giving away or even breaking your legally purchased software, "I don’t think it is binding on others to assist you in doing all of those things," she says.

              "I think the first-sale doctrine... would say you have a right to sell your old game... and you have the right to purchase a used game... but the first-sale doctrine doesn’t require somebody to build a used book store, if you know what I mean," she continued. In other words, just because you can sell a used game doesn't mean the platform maker has to make it easy, or even possible, for the new owner to play it.

              It's an odd distinction, and one that's dictated by the still legally murky world of the End User License Agreement. Most software these days, including games, comes with such a EULA, saying the initial purchaser is just a licensee and isn't allowed to resell that license to a new owner. This is how digital download services like Steam and Xbox Live Marketplace can legally prevent you from reselling digital copies of their titles.

              How do the courts deal with the conflict between these EULAs and the consumer's legislatively granted first-sale rights? The case law regarding the subject is a bit unsettled, but the trend seems to be going in a decidedly consumer-unfriendly direction. "Assuming you actually agree to [the EULA], even if you didn't read it, courts tend to treat those contracts as binding," McSherry says. "There's a tension there — have you contractually waived your first sale right? — but unfortunately recent cases have not been really positive in that direction."

              Of course, just because it's legal doesn't mean it's a good idea, for a variety of economic and consumer relations reasons. But if companies are going to be prevented from scaling back a used game's value, it will likely be because of public pressure, and not legal pressure.

              "I think a company is free to design its games the way they want to design their games," McSherry says. "To me, it's less of a legal question and more of a question of business and public policy."
              The Hackmaster

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