updates – Techdirt (original) (raw)
Happy 20th Birthday To 'No One Lives Forever', The Classic PC Game That Can't Be Sold Today Thanks To IP
from the and-yet-it's-dead dept
There are a great many interesting arguments we tend to have over both the purpose of copyright law and how effectively its current application aligns with that purpose. Still, we are on fairly solid legal footing when we state that the main thrust of copyright was supposed to be to drive more and better content to the public. Much of the disagreement we tend to have with naysayers revolves around whether ever expanding rights coupled with protectionist attitudes truly results in more and better content for the public. We, to a large extent, say the current copyright bargain is horribly one-sided against the public interest. Detractors say, essentially, “nuh-uh!”.
But if one were to distill the problems with the current state of copyright to their most basic forms, you would get No One Lives Forever. The classic PC shooter/spy game was released way back in 2000, times of antiquity in the PC gaming space. It was a critically acclaimed hit, mixing Deus Ex style shooter missions, spycraft, and an aesthetic style built on 1960s classic spy films. And, as RockPaperShotgun reminds us, No One Lives Forever celebrated its 20th birthday this November.
If you remember the game fondly, or perhaps if you never played it and are curious as to why there’s so much love for the game, you might be thinking about going and getting a copy for yourself to play. Well, too bad. You can’t.
FPS spy romp No One Lives Forever turns 20 today but alas Cate Archer is still confined to her room, unable to come out and play. The secret agent shooter has been tied up in legal gridlock for years. You’ll not find it for sale online aside from second-hand, but that hasn’t stopped RPS singing its praises all this time. A remaster still seems unlikely, but Nightdive Studios say they aren’t done trying to make it happen.
Legal gridlock is being extremely kind. Why you cannot buy this game is one of the most frustrating stories in intellectual property. We discussed much of this back in 2015. Nightdive Studios is a company that buys up the rights to older video games, updates and/or remasters them for modern gaming hardware, and then rereleases them. And we’re talking about a professional operation that has managed to rerelease games like Doom 64, 7th Guest, and System Shock. In other words, these guys are legit and they know what they’re doing.
And they really, really wanted to give No One Lives Forever the treatment. There was just one problem: nobody seems to know who holds the copyright for the game, but everyone independently has told Nightdive that they’ll sue if they make the game. Warner Bros., Activision, and 20th Centry Fox all might own the copyright to the game, except that the paperwork for how the rights all shake out was contrived in a time before such records were digitized. So, someone owns the rights to this game. And Nightdive very much wants to work out an arrangement with whoever that someone is. But none of the three potential owners are willing to go hunt down the paperwork so such a deal could be worked out.
You can get a sense of how each is communicating with Nightdive from our original post on the subject.
“So we went back to Activision and, [after] numerous correspondence going back and forth, they replied that they thought they might have some rights, but that any records predated digital storage. So we’re talking about a contract in a box someplace.” Kuperman laughed. “The image I get is the end of Indiana Jones… somewhere in a box, maybe in the bowels of Activision, maybe it was shipped off to Iron Mountain or somewhere. And they confessed, they didn’t have [their] hands on it. And they weren’t sure that they even had any of those rights.”
And yet Nightdive was also told by all three entities, independently mind you, that they might own some rights and would go find out if Nightdive tried to rerelease the game to see if they could sue over it. The end result is a game that can’t be released legitimately to the public over rights three companies insist are important enough to sue over, but not so important that they should know if they even have those rights to begin with.
Which brings us back to the RPS post, five years later on the 20th birthday of No One Lives Forever, where we find out that essentially zero progress has been made.
As one of the best FPS games on PC, it seems plenty worthy of a remaster or re-release, but efforts on that front have died in the water over the past decade or more. Hit any one of those quoted links to get the evolving story, but the short version is this: Nightdive Studios, who want to modernise No One Lives Forever, don’t own the rights to it. More than one company might have legal claim to it, but none of them are terribly motivated to unearth stacks of paper contracts literally hidden in basements. They’re just sure they don’t want anyone else making money off it without them. So Cate’s all tied up in the super villain’s lair without a Deus Ex Machina to save her.
On that front, Nightdive recently told The Gamer that they aren’t done trying to make it happen. “It is a process that we’re continuing,” said director of business development Larry Kuperman. “We continue on with our mission to unearth and bring back these classic games.”
And so the public is flatly denied legitimate access to content that is a piece of our culture over copyrights nobody can say for sure if they have. I can’t claim to crawl into the founding fathers’ heads to say precisely how they wanted copyright to work, but it sure as shit can’t be like this.
Filed Under: copyright, licensing, limitations, no one lives forever, rights, updates, video games
Companies: 20th century fox, activision, nightdrive studio, warner bros.
Details Of Unconstitutional WeChat/TikTok Ban Actually Would Make Users Of Those Apps Less Secure, Not More
from the what-the-fuck-is-this? dept
This morning the Commerce Department released the details of how the WeChat and TikTok bans will work. It’s possible that the ban on TikTok will get lifted if Treasury Secretary Mnuchin can convince enough people in the administration to buy into the grifty Oracle non-sale, but the WeChat ban is happening no matter what.
The details reinforce two key points:
- This is way unconstitutional and should be offensive to any 1st Amendment/free speech supporter.
- The excuses about national security are utter and total garbage, because this would actually make users of those apps significantly less secure.
So, great. We have some applications bans, premised on national security, that are unconstitutional piles of garbage that make people less secure, and the only possible path out is through a grifty deal, pushed deliberately to a large donor to the President, who has said multiple times he’s hoping for a kickback on the deal. We’re witnessing an astounding bit of corruption right here.
Here’s how the “ban” will work. First up, both apps get banned from all US app stores. The following is listed as “prohibited.”
Any provision of service to distribute or maintain the WeChat or TikTok mobile applications, constituent code, or application updates through an online mobile application store in the U.S.
That’s basically saying: “Apple and Google can no longer put those apps in their app stores.” There are 1st Amendment concerns here, in that the executive branch is telling software companies what code they can or cannot host. While the IEEPA law under which this order is being made is broad, this seems ripe for a huge 1st Amendment challenge. The President should not be able to simply ban code from app stores based on an unsubstantiated claim of “national security.”
Second, not only is this all based on unsubstantiated claims of national security, the very text proves how that’s bullshit. The fact that these app stores can no longer issue updates means that people who have the apps currently can continue using them, but if there’s a security update (say to patch a vulnerability) users can no longer patch those apps. If the goal of this ban is to “protect national security,” everything here is exactly the opposite of that. Users will still have the app, but are unable to protect themselves and can only keep using the app if they accept the obsolete and increasingly less secure version of it.
In other words: the whole “national security” claim is a total lie, because the way the ban is implemented gives Americans less security. That sure is one way to fight back against supposed Chinese surveillance through these apps. If it’s even true that China is spying on people via apps, they’re now in a “don’t throw me in the briar patch” situation — since the US government is forcing these apps to be less secure and to expose even more data to whoever has it.
Another part of the ban that raises significant 1st Amendment issues is that it prohbits:
Any utilization of the mobile application?s constituent code, functions, or services in the functioning of software or services developed and/or accessible within the U.S.
Translating that: it means that no US developer can use WeChat or TikTok’s APIs or build software using any of their code. That’s deliberately interfereing with the speech of Americans. Leaving aside the issue of whether or not banning apps that allow for communications is a 1st Amendment issue. Leaving aside the issue of whether or not banning apps at all is a 1st Amendment issue. This goes even further: it says that US-based software developers cannot write the code they want. That’s a huge 1st Amendment issue.
I discussed this a few months ago but the Supreme Court has already said that code is speech in Brown v. Entertainment Merchants Association (the case about whether or not the government could regulate video games and require age warnings). And, while it’s not the Supreme Court, the 2nd Circuit has been even more direct about code being speech protected by the 1st Amendment in the the Universal v. Corley case (about whether or not you could publish code that breaks DRM):
Communication does not lose constitutional protection as “speech” simply because it is expressed in the language of computer code. Mathematical formulae and musical scores are written in “code,” i.e., symbolic notations not comprehensible to the uninitiated, and yet both are covered by the First Amendment. If someone [*446] chose to write a novel entirely in computer object code by using strings of 1’s and 0’s for each letter of each word, the resulting work would be no different for constitutional purposes than if it had been written in English. The “object code” version would be incomprehensible to readers outside the programming community (and tedious to read even for most within the community), but it would be no more incomprehensible than a work written in Sanskrit for those unversed in that language. The undisputed evidence reveals that even pure object code can be, and often is, read and understood by experienced programmers. And source code (in any of its various levels of complexity) can be read by many more. Ultimately, however, the ease with which a work is comprehended is irrelevant to the constitutional inquiry. If computer code is distinguishable from conventional speech for First Amendment purposes, it is not because it is written in an obscure language.
Later in that ruling:
Computer programs are not exempted from the category of First Amendment speech simply because their instructions require use of a computer. A recipe is no less “speech” because it calls for the use of an oven, and a musical score is no less “speech” because it specifies performance on an electric guitar. Arguably distinguishing computer programs from conventional language instructions is the fact that programs are executable on a computer. But the fact that a program has the capacity to direct the functioning of a computer does not mean that it lacks the additional capacity to convey information, and it is the conveying of information that renders instructions “speech” for purposes of the First Amendment.
Based on all of that, it is difficult to see how this broad ban can possibly stand up to 1st Amendment scrutiny on multiple levels. The banning of US developers coding using these companies APIs is a 1st Amendment violation. The ban on US companies hosting their code is a 1st Amendment violation. The ban on apps used for speech is likely a 1st Amendment violation (on par with breaking up printing presses). So, these bans appear to violate the 1st Amendment in multiple different ways.
And for what? The claim is “to protect national security.” We already knew that was bogus, and all of the info anyone can get from TikTok is already widely available for purchase. But now with the details coming out, in which it would make the data of US users of these services even less secure by banning updates, we have even more evidence that the national security claims are joke.
And thus, the bans are likely unconstitutional on multiple different grounds, have no national security purpose based on multiple different problems with the deal, and don’t seem to do anything other than potentially put a lucrative business deal in the pocket of a top Trump supporter. How is there anyone out there who thinks this is a reasonable thing?
Filed Under: 1st amendment, apis, bans, china, code, commerce department, donald trump, executive order, ieepa, national security, security, updates
Companies: apple, bytedance, google, oracle, tencent, tiktok, wechat
The End Of Ownership: Tesla Software Updates Giveth… And Tesla Software Updates Taketh Away…
from the you-don't-own-what-you've-bought dept
A few years back, we wrote about how Tesla automagically extended the range of Teslas in Florida as a hurricane was approaching. While this sounded good, we warned that this wasn’t a good thing, when you realized it meant that what you bought could magically and secretly be changed without your permission or desire. In the Florida case, it was for a good purpose, but that wouldn’t always be the case. So, it’s little surprise that approximately half of all Techdirt readers decided to send me this story from Jalopnik of how Tesla remotely disabled its Autopilot feature on a 2nd hand Tesla Model S after it had been sold:
Tesla officially sold the car to the dealership on November 15, a date I?ve confirmed by seeing the car?s title. On November 18, Tesla seems to have conducted an ?audit? of the car remotely. The result of that audit was that when the car?s software was updated to the latest version in December, the Enhanced Autopilot and Full Self Driving Capability (FSD) were removed from the car.
The Jalopnik story is very, very thorough. And, just to be clear, because this is important: Autopilot and Full Self Driving capabilities are not subscription services. It’s a one-time payment and the car is supposed to have it for life.
This is all very puzzling. Alec bought the car from a dealer based on a set of features that the dealer understood the car to have when purchased at auction. If Alec saw that the car had Autopilot and FSD when he paid for it, how, exactly, did he not pay for those features?
Those features together are worth $8,000, but as they were already on the car when he bought it, it?s hard to understand how he somehow didn?t pay for them?
I realize that these are software features, but they act like any physical feature of a car. You don?t pay a subscription for FSD or Autopilot, you pay a one-time fee, just like you would for an electromechanical cruise control system on any other car.
If you buy, say, a used Ford Ecosport (not my first choice, but you do you) that has lane keeping assist and active cruise control, and Ford somehow thinks you didn?t pay for those particular features and sends over a service tech to physically remove them from your car, I think we?d all consider that pretty wrong. We might even consider that theft. I?m not clear how what Tesla did here is any different.
The article notes that the purchaser, Alec, then even tried to find out if Tesla would remove such a feature if he wanted a cheaper sale price on a used Tesla, and the company told him it would not. What’s even worse is that Jalopnik points to other cases of this happening as well.
In an update to the original post, the dealer who sold the Tesla to Alec says that this isn’t even the first time he’s seen this kind of thing happen:
I sell dozens of Teslas a year, and sold my father in law a Model X P90D with ludicrous speed package. 60 days after the purchase of the car, Tesla removed his ludicrous speed package. Upon complaints to them they said he never paid for it. We have video evidence and multiple pictures of the vehicle with it. They even removed the line under the P90D. I am still shocked at these acts.
Tesla’s only response at the time of writing this is that the car was “incorrectly configured.” But, remember, Tesla itself sold the car to the dealer, who then resold it to Alec. And throughout this process, the car clearly showed that it had these features enabled. So, for Tesla to change that after the fact seems like it would dip into outright fraud. Indeed, I’m surprised lawsuits have not been filed.
On a related note, it also opens up a possibly sneaky business model for Tesla: if it takes back out of lease Teslas, or Teslas it’s bought back, that had these expensive features enabled, and then disables them before resale, it could double sell these features to new owners who want them. That also seems pretty crappy.
But all of this just highlights how the very concept of ownership is eroding in a world where everything can be software updated automatically. While this has some potentially cool side effects (improvements on the fly!), it can also be used to remove features you paid for, without any obvious recourse. That should concern everyone.
Filed Under: autopilot, cars, elon musk, ownership, software, updates
Companies: tesla
Shoddy Software Is Eating The World, And People Are Dying As A Result
from the sometimes-it's-too-late-to-issue-an-update dept
Two recent crashes involving Boeing 737 Max jets are still being investigated. But there is a growing view that anti-stall software used on the plane may have caused a “repetitive uncommanded nose-down“, as a preliminary report into the crash of the Ethiopian Airlines plane puts it. Gregory Travis has been a pilot for 30 years, and a software developer for more than 40 years. Drawing on that double expertise, he has written an illuminating article for the IEEE Spectrum site, entitled “How the Boeing 737 Max Disaster Looks to a Software Developer” (free account required). It provides an extremely clear explanation of the particular challenges of designing the Boeing 737 Max, and what they tell us about modern software development.
Airline companies want jets to be as cost-effective as possible. That means using engines that are as efficient as possible in converting fuel into thrust, which turns out to mean engines that are as big as possible. But that was a problem for the hugely-popular Boeing 737 series of planes. There wasn’t enough room under the wing simply to replace the existing jet engines with bigger, more fuel-efficient versions. Here’s how Boeing resolved that issue — and encountered a new challenge:
The solution was to extend the engine up and well in front of the wing. However, doing so also meant that the centerline of the engine’s thrust changed. Now, when the pilots applied power to the engine, the aircraft would have a significant propensity to “pitch up,” or raise its nose.
The solution to that problem was the “Maneuvering Characteristics Augmentation System,” or MCAS. Its job was simply to stop the human pilots from putting the plane in a situation where the nose might go up too far, causing the plane to stall — and crash. According to Travis, even though the Boeing 737 Max has two flight management computers, only one is active at a time. It bases its decisions purely on the sensors that are found on one side of the plane. Since it does not cross-check with sensors on the other side of the plane, it has no way of knowing if a sensor is producing wildly inaccurate information. It assumes that the data is correct, and responds accordingly:
In a pinch, a human pilot could just look out the windshield to confirm visually and directly that, no, the aircraft is not pitched up dangerously. That’s the ultimate check and should go directly to the pilot’s ultimate sovereignty. Unfortunately, the current implementation of MCAS denies that sovereignty. It denies the pilots the ability to respond to what’s before their own eyes.
Like someone with narcissistic personality disorder, MCAS gaslights the pilots. And it turns out badly for everyone. “Raise the nose, HAL.” “I?m sorry, Dave, I?m afraid I can?t do that.”
The coders who wrote the MCAS software for the 737 Max don’t seem to have worried about the risks of using sensors from just one side in the computer’s determination of an impending stall. This major design blunder may have cost the lives of hundreds of people, and shows that “safety doesn?t come first — money comes first, and safety’s only utility in that regard is in helping to keep the money coming,” according to Travis. But he points out that it also reveals something more general, and much deeper: the growing use of software code that is simply not good enough.
I believe the relative ease — not to mention the lack of tangible cost — of software updates has created a cultural laziness within the software engineering community. Moreover, because more and more of the hardware that we create is monitored and controlled by software, that cultural laziness is now creeping into hardware engineering — like building airliners. Less thought is now given to getting a design correct and simple up front because it’s so easy to fix what you didn?t get right later.
Every time a software update gets pushed to my Tesla, to the Garmin flight computers in my Cessna, to my Nest thermostat, and to the TVs in my house, I’m reminded that none of those things were complete when they left the factory — because their builders realized they didn’t have to be complete. The job could be done at any time in the future with a software update.
Back in August 2011, Netscape founder and VC Marc Andreessen wrote famously that “software is eating the world“. He was almost right. It turns that shoddy software is eating the world, sometimes with fatal consequences.
Follow me @glynmoody on Twitter, Diaspora, or Mastodon.
Filed Under: 737 max, eating the world, safety, software, unfinished, updates
Companies: boeing
Samsung Issues Update To Brick Remaining, Spontaneously Combusting Galaxy Note 7 Phones, Verizon Refuses To Pass It On
from the bomb-in-your-pocket dept
Wed, Dec 14th 2016 02:47pm - Karl Bode
If you hadn’t been paying attention, Samsung hasn’t been having a very good year. The company was forced to recall the original Galaxy Note 7 in early September after numerous reports of spontaneous combustion. That was followed by a formal recall by the US Consumer Product Safety Commission. Samsung then doubled down on its incompetence, releasing an “updated” version of the phone that suffered from the exact same problem. By October Samsung was engulfed in an honest-to-goodness PR disaster as it failed to explain how it could “fix” the initial problem by somehow making things worse.
Samsung says that 93% of US-sold Note 7 devices have now been returned, which still leaves around 133,000 phones unaccounted for despite the endless media coverage of the issue. So the company last week came up with a solution: an update to the phone’s software that prevents the device from being charged (as in, ever again), effectively “bricking” the device. In a statement posted to Samsung’s website, the company said this “bold” step will begin on December 19, as the company works with carriers to finally force the issue:
“To further increase participation, a software update will be released starting on December 19th and will be distributed within 30 days. This software update will prevent U.S. Galaxy Note7 devices from charging and will eliminate their ability to work as mobile devices. Together with our carrier partners, we will be notifying consumers through multiple touchpoints to encourage any remaining Galaxy Note7 owners to participate in the program and to take advantage of the financial incentives available.”
T-Mobile has said it will release the device-crippling update on December 27. AT&T confirmed it planned to release it on January 5. Sprint said it will deploy the software update to its customers on January 8. Verizon, however, posted a statement to its website stating that it wouldn’t be passing on the update to consumers for fear of ruining their holiday seasons:
“Verizon will not be taking part in this update because of the added risk this could pose to Galaxy Note7 users that do not have another device to switch to. We will not push a software upgrade that will eliminate the ability for the Note7 to work as a mobile device in the heart of the holiday travel season. We do not want to make it impossible to contact family, first responders or medical professionals in an emergency situation.”
It’s kind of a strange stand by Verizon, which has long been criticized for taking longer than is reasonable to pass on necessary Android security updates. One, because users can exchange the phone at any Verizon store for free. Two, the Verizon-cited risk of not being able to make a call kind of pales in comparison to the risk of carrying around a phone that doubles as a hand grenade. After all, given the FAA has banned the phone from being taken on planes, these users are putting themselves (and potentially those around them) at risk by ignoring the recall.
It’s certainly possible that Verizon actually is being sincere here and doesn’t want people without a phone for the holidays. But it’s just as likely that Verizon’s just tired of the entire PR fracas, and doesn’t want its customers thinking that it was somehow responsible for their phones not working when the update is released. Regardless, the onus remains on customers who, for whatever reason, think it’s nifty to ignore recalls and carry around a potential fire hazard during the holidays.
Update: It looks like Verizon has just as quickly reversed course without explanation, and now says it will deploy the device-bricking update on January 7.
Filed Under: galaxy note 7, updates
Companies: samsung, verizon
German Basketball Team Loses In Close Match With A Microsoft Windows Update
from the boom-shakalakah! dept
Windows: the still-dominant operating system is the 800 lbs. gorilla, so one fully expects to see tons of insult-darts shot at the thing to try and tranquilize it. And, in the age of technology fan-boy-ism, some techie folks are big on drawing lines in the sand and loudly proclaiming the superiority of one piece of software over another. But, still, when your German basketball team faces relegation into a lower class of league because a windows laptop crashed and then ran an update just before game time, you can kind of understand if they’re pissed off about it.
The March 13 match between the Chemnitz Niners and the Paderborn Baskets was set to begin normally, when Paderborn (the host) connected its laptop to the scoreboard in the 90 minutes leading up to the game. In an interview with the German newspaper, Die Zeit (Google Translate), Patrick Seidel, the general manager of Paderborn Baskets said that at 6:00pm, an hour and a half before the scheduled start time, the laptop was connected “as usual.”
“But as both teams warmed up, the computer crashed,” he said. “When we booted it again at 7:20pm, it started automatically downloading updates. But we did not initiate anything.”
After all the updates were installed, Paderborn was ready to start the game at 7:55pm.
Oops. Paderborn ended up winning the game, but Chemnitz filed a protest, arguing that the delay in starting the game constituted a violation and that Paderborn ought be penalized. The league agreed, taking a point in the standings away from Paderborn, which lowered its rankings such that it now faced relegation. Relegation, for you Americans who aren’t Premier League Soccer fans, is a shift in which leagues a team plays in based on the year’s performance. For Paderborn, this will mean not even being able to play at the championship level next year, instead being forced to play in the lower “ProB” league.
Seidel is pissed, of course.
“You can’t blame Chemnitz,” Siedel added. “But as an athlete and a man, let me of course tell you something else. We beat Chemnitz twice in sportsmanlike, tight games. Therefore, this entire issue has nothing to do with sports.”
Nope, just a Windows update costing you a potential championship next year. N00bs.
Filed Under: basketball, chemnitz niners, paderborn baskets, updates, windows
Craigslist Quietly Begins Testing The Feature It Sued PadMapper For Adding
from the market-research? dept
Craigslist is somewhat famous for keeping its rather antiquated design, and refusing to make changes. Even when well meaning fans have suggested ideas for improving the site, Craigslist has resisted, insisting that it’s really just about design companies who are trying to get hired.
So that makes the following story all the more interesting. You may recall that Craigslist has gotten itself into an unfortunate and petty legal spat with the site PadMapper, because PadMapper dared to make Craigslist more useful, in part by putting Craigslist housing entries on a map so people could see where they are. This is a pretty small, but incredibly useful tweak, and Craigslist — normally a defender of internet freedom — suddenly turned into a protectionist legal aggressor and sued.
However, as Aaron DeOliveira points out to us, Craigslist has just started quietly testing out its own upgrade… using maps. They’re using OpenStreetMap (which is interesting in its own right as more and more companies are moving away from Google Maps to the much more open (duh) OpenStreetMap).
While there may not be a direct connection between PadMapper and Craigslist’s decision, the timing certainly raises some eyebrows, and hints at the idea that Craigslist might just be suing PadMapper for improving Craigslist before Craigslist had a chance to launch the feature itself. Or, even worse, Craigslist thought it was such a good idea that it sued PadMapper while using its idea. That’s not quite the “open innovation” model that Craig Newmark tries to champion.
For what it’s worth, PadMapper’s Eric DeMenthon is actually quite conciliatory about the whole thing:
“I’m glad something good came out of all this,” says PadMapper creator Eric DeMenthon. “Lots of people wrote to them about the PadMapper cease and desist [letter], so maybe that convinced them that it was worthwhile to do some mapping themselves.
Market research by suing those who try to improve you? Doesn’t seem like the most effective system.
Filed Under: features, maps, market research, updates
Companies: craigslist, openstreetmap, padmapper
Digital Distribution: Exchanging Control For Convenience
from the all-your-digital-purchases-are-belong-to-us dept
Digital distribution can be a good thing, eliminating shipping, packaging, printing, storage, etc. and allowing instantaneous order fulfillment. Unfortunately, it has its downside, especially when digital products are tied to “walled gardens.” The possibility always exists that the product you purchased, for all intents and purposes, never really belongs to you. We’ve seen it previously with Amazon’s decision to suddenly remove purchased e-books from customers’ e-readers.
Stuart Campbell at Wings over Sealand has another example of this unfortunate byproduct of digital distribution: the fact that you don’t own what you’ve purchased. This means that at any time, for nearly any reason, the product you paid for can be rendered completely worthless.
In the case of iTunes, customers are not entitled to refunds on purchases, with the product in question being treated much in the same fashion as opened software, DVDs, etc. in brick-and-mortar stores. Once you’ve opened (installed) the product, it’s yours forever, no matter how terrible it is.
“According to the iTunes Store Terms of Sale, all purchases made on the iTunes Store are ineligible for refund. This policy matches Apple’s refund policies and provides protection for copyrighted materials.”
In Campbell’s case, the product in question isn’t actually a bad piece of software, unlike the many clones and scamware inhabiting app markets. By his own account, he purchased and enjoyed the game (Touch Racing Nitro). After he purchased it, the developer (Bravo) went through a series of price adjustments, trying to find a sweet spot, ranging from £1.19 – £4.99. When this failed to make the impact on sales, Bravo offered a few free trial periods before marking it all the way down to 69p, which moved it back into the top 10 for a short time.
It’s at this point that things get ugly.
Last October the game went free again, and stayed that way for four months. Then the sting came along. About a week ago (at time of writing), the game received an “update”, which came with just four words of description – “Now Touch Racing Free!” As the game was already free, users could have been forgiven for thinking this wasn’t much of a change. But in fact, the app thousands of them had paid up to £5 for had effectively just been stolen.
Two of the game’s three racing modes were now locked away behind IAP paywalls, and the entire game was disfigured with ruinous in-game advertising, which required yet another payment to remove.
Campbell’s paid-for software suddenly became indistinguishable from the free version, despite his having anted up for the game months ago. He fired off an email to Bravo, asking the developers to explain their reasoning for removing previously paid for content and asking these same paying customers to pay up again in order to return the game to its previous state.
He received a reply a day later from Ana Hidalgo, Bravo’s “Social Media Manager”:
“Hi!
Thanks for contacting us.
I’m really sorry about that. I knew that this could happen. The team had no option but to do that.
We’re not trying to make money from people who have already bought the game like you did. It is not an excuse, but only 4% of the 2MM downloads have been paid ones. Unfortunately, Apple doesn’t provide with any methods to know when an user has paid or not for an app. We just want to monetize the game from that 96% who are enjoying the game for free. Our goal is to monetize them via advertisement. We understand that this is annoying for the players that have paid for it.
Yes, maybe we could have released a LITE version, but if we release a new free version, we couldn’t monetize near 2 MM free downloads we already have. And why we have 96% free downloads? A very bad old decision.. We’ve begun a new phase at Bravo Games and we definitely need some revenues from those downloads.
At the moment all our efforts are focused in new projects. When we finish those projects, we’ll evaluate the possibility of adding new content to previous games like Touch Racing Nitro.
I regret to hear that you never buy another of our apps.”
For all the supposed “entitlement” game fans have attributed to them constantly, nothing quite matches the entitlement “radiating from Sra. Hildalgo.” For starters, if a developer feels that making an app free was a “mistake,” it only compounds its errors when it starts taking it out on paying customers, especially when those customers number in the thousands.
If 96% of those were free downloads, that means that a whopping 80,000 people who paid money for Touch Racing have just been screwed. If we assume an arbitrary but reasonable average price of £1.19 (the second-lowest App Store price tier at the time most of the sales were made, though the app has cost at least twice that much for most of its life), that’s just short of £100,000 that Bravo have extracted from consumers for what is in effect a “Lite” demo version of the game.
Imagine if the rest of the world worked this way. Imagine you went to Tesco and bought three boxes of Corn Flakes on a “three-for-two” offer, only for a Tesco employee to turn up at your house one day a month later and confiscate not only the “free” box but also the second one that you’d actually paid for. There’d be riots, or at the very least a long court backlog of assault cases and battered workers. Yet apparently, for videogames it’s the dynamic economic model of the future.
Campbell is, unfortunately, right. Digital distribution puts control of purchased products completely in the hands of the developers and the distribution service. There are some game developers who would love nothing more than to go to 100% straight digital distribution, not only for the previously mentioned savings, but to allow them to retain complete control of their products. A fully digital distribution disguises DRM as a facet of the service (constant online connection, some or most content inaccessible offline) and helps eliminate the used game market which seems to rank very slightly below straight-up piracy in their minds.
Whatever pluses there are for the consumer are greatly negated by these factors. Any dispute between the distributor and the developers puts purchased products in the firing line. Should a developer suddenly pull out of the walled garden, customers may find themselves without support or updates for their purchased products, or worse yet, find themselves without functioning products.
Campbell has adjusted his tactics accordingly:
WoSland is a pretty wily consumer, and currently has eight apps sitting in its iPhone’s “update” queue which are never going to get those updates, because the “update” in question is in fact a downgrade, removing functionality and/or adding ads. We’ve deleted many others altogether for the same reason.
Of course, this is far from convenient. Once you run into this situation, you’re left with the choice of allowing all updates (even those that downgrade your software) or tediously updating all of your apps one at a time after verifying that said update won’t remove functionality. Hardly ideal.
As he points out, console owners aren’t so lucky. Most updates are forced, giving you the “choice” of updating or not playing your purchased game. And it’s not just games and apps. As referenced above, e-books readers have been victims of distributor meddling in the past. Users of “services” like Ultraviolet and the “drive your DVD to the retailer to rip it to the cloud” may find their copies bricked if these services are shut down or (more likely) get caught in the middle of a contractual dispute.
If it’s all about “control” with gatekeepers and walled gardens, digital distribution is playing right into their hands, turning what should be an advantageous situation for everyone involved into little more than a mixed curse.
Filed Under: apps, control, convenience, payment, scams, updates
New Music Format File Can Be Updated Remotely
from the well,-there's-that dept
For quite a while now, we’ve been hearing how many in the recording industry don’t like selling pure music digital files, because they leave out the rest of what people like to get with an album: the booklet, images, lyrics, etc. Lately there have been a few different attempts (with a whole bunch more on the way) to add that sort of information to digital music files. Not so long ago Apple introduced its iTunes LP which hasn’t exactly taken the world by storm yet. Now there’s another competitor in the space, called MusicDNA, which includes all that additional content. It’s main differentiator, though, is that the content can be regularly updated — but only if you have the official copy, rather than an unauthorized one. I certainly understand the thinking here (it’s an attempt to create a “freemium” type situation which encourages people to buy the version with all that other (updating) content. But I do wonder if the updating will freak some users out — knowing that they want to buy something that isn’t going to change over time in any way. I like the basic idea that content could be added to (which certainly could be a reason to buy) so long as old content can’t be tinkered with/deleted (it’s not clear in either article here). Another article suggests that the updated content would be for things like concert listings or Twitter feeds, which actually makes sense. Though, seeing all that, I wonder if this file format actually competes with the new trend for musicians to put out iPhone apps that sound like they basically do the same thing as this new MusicDNA format does.
Filed Under: assets, mp3, music, updates
iPhone Update May Damage Unlocked Phones — But Will It Also Damage Apple?
from the be-careful-with-that dept
Apple has warned iPhone customers who have used third-party iPhone-unlocking software that installing an upcoming firmware update could render their phones "permanently inoperable." This has generated a lot of outrage on Slashdot, with some commenters faulting Apple for trying to lock consumers into a contract with AT&T, while others suggest that this might be an unavoidable consequence of making unauthorized modifications to the device. It's hard to justify being too upset at Apple here. Reports indicate that the company isn't trying to damage peoples' iPhones on purpose, it just hasn't tested the update with all of the unlocking programs folks are using. Given that Apple has said from the outset that such hacks are unsupported and strongly discouraged, Apple is entirely within its rights to blame the customer if the combination of user modifications and an Apple firmware update break their phones.But even if Apple is within their legal rights, releasing a firmware update that they know will break some phones is a terrible business strategy. It's never a good idea to anger your customers, and it certainly wouldn't be difficult for Apple to add a function to the firmware updater that checks the phone for unlocking software and warns the customer if a potential problem is detected. Users might still be annoyed at being unable to get the latest firmware, but that's better than silently turning their phone into a paperweight. More generally, Apple shouldn't underestimate the value of the unlockers to the iPhone product ecosystem. Those sorts of tech-savvy early adopters are the most likely to develop new and innovative uses for the product, thereby increasing its value for all customers. For example, podcasting has surely made the iPod more valuable; it was invented by tech hobbyists and only later integrated by Apple into iTunes. And if Apple plays hardball with phone-unlockers, that's not likely to enhance their bottom line. More likely, they'll most likely just persuade people who like tinkering with their gadgets to buy their next cell phone from another company.
Filed Under: hackers, iphone, unlocking, updates
Companies: apple