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| SEPTEMBER 26, 2008 |
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| VOTING COMING DECEMBER 2008 |
SecuROM is a copy protection program that limits the number of times software
can be installed on a PC. In the case of Spore, that limit was set to three (and
later upped to five).
"Although consumers are told the game uses access control and copy
protection technology, consumers are not told that this technology is actually an
entirely separate, stand-alone program which will download, install, and operate
on their computer," reads the complaint. "Once installed, it becomes a
permanent part of the consumer's software portfolio. Even if the consumer
uninstalls Spore, and entirely deletes it from their computer, SecuROM remains
a fixture on their computer unless and until the consumer completely wipes their
hard drive through reformatting or replacement of the drive."
The suit accuses EA of "intentionally" hiding the fact that Spore uses SecuROM,
which it alleges is "secretly installed to the command and control center of the
computer and [is] surreptitiously operated, overseeing function and operation of
the computer, and preventing the computer from operating under certain
circumstances and/or disrupting hardware operations." The suit also claims that
SecuROM takes over a portion of a PC's processing resources "to transmit
information back to EA."
The filing asks the judge to certify the class action complaint and award all
plaintiffs the $49.99 purchase price plus damages.
The copy protections associated with Spore have dogged the highly anticipated
game since its launch earlier this month. The original restrictions placed on the
game outraged many consumers, thousands of whom retaliated by posting
negative reviews of the game on Amazon.com or downloading it illegally from
file-sharing sites.
can be installed on a PC. In the case of Spore, that limit was set to three (and
later upped to five).
"Although consumers are told the game uses access control and copy
protection technology, consumers are not told that this technology is actually an
entirely separate, stand-alone program which will download, install, and operate
on their computer," reads the complaint. "Once installed, it becomes a
permanent part of the consumer's software portfolio. Even if the consumer
uninstalls Spore, and entirely deletes it from their computer, SecuROM remains
a fixture on their computer unless and until the consumer completely wipes their
hard drive through reformatting or replacement of the drive."
The suit accuses EA of "intentionally" hiding the fact that Spore uses SecuROM,
which it alleges is "secretly installed to the command and control center of the
computer and [is] surreptitiously operated, overseeing function and operation of
the computer, and preventing the computer from operating under certain
circumstances and/or disrupting hardware operations." The suit also claims that
SecuROM takes over a portion of a PC's processing resources "to transmit
information back to EA."
The filing asks the judge to certify the class action complaint and award all
plaintiffs the $49.99 purchase price plus damages.
The copy protections associated with Spore have dogged the highly anticipated
game since its launch earlier this month. The original restrictions placed on the
game outraged many consumers, thousands of whom retaliated by posting
negative reviews of the game on Amazon.com or downloading it illegally from
file-sharing sites.
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