This is fresh off the presses from Court House News. www.courthousenews.com
SAN JOSE (CN) – Electronic Arts, a leading maker of computer games,defrauds consumers through its “Spore” game, which “completely wipestheir hard drive” and replaces it with an undisclosed program thatprevents the computer from operating under some circumstances anddisrupts hardware operations, a class action claims in Federal Court.
Theclass claims that “Spore,” a virtual reality simulation game, contains”a second, undisclosed program” called SecuROM, a “form of DigitalRights Management (DRM) for computer games.”
Consumers are notwarned about the program, which is installed without notice and cannotbe uninstalled, even if the uninstall Spore, the complaint states. Thesecret SecuROM program is “secretly installed to the command andcontrol center of the computer (Ring 0, or the Kernel), andsurreptitiously operated, overseeing function and operation on thecomputer, preventing the computer from operating under certaincircumstances and/or disrupting hardware operations,” the complaintstates.
To read the entire notice….
http://www.courthousenews.com/2008/09/23/_Spore_Hijacks_Computers_Class_Claims.htm Court House News article
For those who dont know Court House News…
Courthouse News Service is a news wire for lawyers. It is made up of a network of correspondents who provide daily comprehensive reports on new appellate rulings, new legislation and new civil cases from the federal and state courts with the most prolific and weighty litigation.
This is very disapointing if its true. Spore is the hottest game that has ever been released. if you have kids, I am sure spore is on your computer or will be shortly. The thought of them putting software on your computer without notice is unacceptable.
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I just saw this at gamepolitics.com
New Class-Action Suits Target EA, SecuROM, The Sims & Spore Creature Creator
November 8, 2008
GamePolitics has learned that a pair of new class-action lawsuits were lodged against Electronic Arts in October. Both suits were filed with the U.S. District Court for the Northern District of California and both target EA’s use of the controversial SecuROM digital rights management (DRM) software on the company’s PC games.
In the first case, a Pennsylvania man, Richard Eldridge, alleges that theSpore Creature Creator Free Trial Edition secretly installed SecuROM on his PC, a violation that Eldridge terms “deceptive and unlawful.” From the suit:
The inclusion of undisclosed, secretly installed DRM protection measures with a program that was freely distributed constitutes a major violation of computer owners’ absolute right to control what does and what does not get loaded onto their computers, and how their computers shall be used…
[SecuROM] cannot be completely uninstalled. Once installed it becomes a permanent part of the consumer’s software portfolio…
EA’s EULA for Spore Creature Creator Free Trial Edition makes utterly no mention of any Technical Protection Measures, DRM technology, or SecuROM whatsoever…
In the second case, Dianna Cortez of Missouri, described as “an avid Sims player,” makes similar claims against EA over the publisher’s alleged inclusion of SecuROM on The Sims 2: Bon Voyage, which she purchased in September, 2007. Cotrez claims that she immediately experienced problems with her PC :
After installing Bon Voyage, Ms. Cortez began having problems with her computer. She had previously made backup Sims 2 game content on CDs, but her computer’s disc drive would no longer recognize that content, reporting the CDs as empty. She could not access files that were saved on her USB flash drive or iPod, either…
Cortez alleges that she was only able to get rid of SecuROM by reformatting her PC. She accuses EA of engaging in “unfair business practices” as well as conduct that is “immoral, unethical, oppressive [and] unscrupulous...”
The new suits are the second and third filed recently by consumers in regard to EA’s use of SecuROM. A woman named Melissa Thomas filed a similar suit in relation to Spore in September. Thomas and new plaintiff Richard Eldridge are represented by the same law firm.
To go to the original article….
Posted by Michael Corey