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The Guns of Navarro: Reversal of Fortune

Microsoft's changes to its Xbox One DRM policies were undoubtedly shocking. Alex sifts through the ashes to see what it all means.

Corporations are notoriously slow creatures. That slowness generally stands in direct proportion to the size of the corporation itself. The bigger the beast, the more people, bureaucratic processes, and legal wrangling every single decision must be pumped through before any kind of minute decision can be made. It's why I never expect much when fan outcry arises toward the various monolithic companies that make up the video game industry. Especially in the case of a behemoth like Microsoft, whose Xbox One DRM policies became the subject of much derision over the course of the last month. Here was a company that was laying out its carefully built plans for a new console, its first in eight years. This is unquestionably a huge undertaking, involving years of research and development, and considerable capital. Yes, people reacted poorly when Microsoft announced that it would not allow traditional used game sales on the system, and would require online check-ins every 24 hours in order to even play offline games. Seemingly, in its mind, the potential riling up of DRM-weary consumers was worth the risk given the potential long-term benefits of the tech.

Patrick's Xbox One story as it appeared on BBC's Click (thanks to Rowan Pellegrin for sending this over!)
Patrick's Xbox One story as it appeared on BBC's Click (thanks to Rowan Pellegrin for sending this over!)

Until, of course, it very suddenly wasn't.

To say Microsoft's reversal of those aforementioned policies this week was a surprise would be a gross understatement. Nobody saw this coming. Not the developers we talked to at E3, not the various press people commenting following the show, not anyone. Even if you believed Microsoft could be worn down at some point in the future, I hardly expect you could have foreseen them making such a jarring about-face less than a week after E3's conclusion.

This is not how companies typically react to fan or media outcry. Usually there's a lot more quiet hand-wringing as they attempt to adjust messaging, or even just flat indifference to the whole thing. Which isn't to say game companies never listen to fans, but this kind of complete reversal on such a seemingly fundamental policy that had just been announced is practically unheard of. All that research, all that preparation, all that money, essentially tossed off in the hopes that fan response would turn back in Microsoft's favor.

Yes, Microsoft has been presenting these changes as very much the result of "fan feedback," that nebulous term that could refer to the myriad angry message board and comment thread postings, the consistent feed of backlash from the games press, or even less public factors, like pre-order sales. For my money, I tend to lean on that latter one. In my experience, nothing sets a game company's ass aflame quite like soft pre-order numbers. We don't know exactly what pre-orders look like for either the Xbox One or the PlayStation 4, but there's enough anecdotal info going around to suggest that Sony's E3 press conference, with its promises of no new restrictive DRM policies and a $100 cheaper price tag, brought the company terrific early results.

If you're Microsoft, I have a hard time believing you scrap such a noteworthy chunk of your system's architecture just because a lot of angry people on the Internet were angry. Companies are trained to learn that these kinds of complaints are typically more indicative of a vocal minority. But actual, tangible sales? That's another story entirely. If people aren't pre-ordering your console to the degree that you're expecting, that's when you would typically see a company leap into action to affect change. A leap this high and this fast tells me that something was very seriously wrong in Microsoft land, and that this was not just some play to appease an upset audience, but a desperate attempt at total course correction in the face of what I can only assume they foresaw as an impending doom scenario.

Even more intriguing than Microsoft's immediate about-face was the reaction that followed. Unsurprisingly, those who had spent the last 20-some-odd days deriding the Xbox One's DRM system were generally quite thrilled. But almost immediately after the announcement hit, another side of the argument piped up. While there had been some vocal supporters of Microsoft's new DRM--typically, those who believed that such a system would be the impetus to put consoles more on par with Steam's currently (mostly) beloved digital library system--their voices were largely drowned out by people who weren't into these restrictions one bit.

Former Epic Games honcho Cliff Bleszinski has been one of the more vocal opponents of Microsoft's reversal.
Former Epic Games honcho Cliff Bleszinski has been one of the more vocal opponents of Microsoft's reversal.

So now, this previously shouted down group had reason to pipe up even louder, as the opposition quieted down. They were most certainly being fueled by numerous developers, who came out in dismay over Microsoft changing a policy that they believed would save the industry from eventual collapse. A predominantly dire attitude was taken on by prominent figures like Cliff Bleszinski and Lee Perry as they spoke of doomsaying numbers that they proclaimed showed how bad things have gotten in top-tier game development. The thing is, they're not wrong. The current model is deeply in the red, with not a lot of return on investment for increasingly bloated game budgets. That bloat, as most developers will tell you, is the direct result of the staffing and resource requirements inherent to crafting "top quality experiences" in the kinds of timetables major publishers require. Games that sell millions of copies are often still "disappointments," because they're not hitting the kinds of targets the publishers had banked on. Whether those expectations were ever realistic to begin with is, sadly, not often up for debate, since usefully precise data on game budgets and sales numbers is still generally kept away from the public view.

But as Chris Kohler notes in a piece written Friday, this isn't just an either/or argument. It's not literally: "We get rid of used games, or top quality video games go away." Nothing so binary has ever existed in this business. Companies have failed and succeeded in widely varying forms over the course of the last few decades, and how the industry might reshape itself in the face of unsustainable costs is very much an unknown. Cliff seems convinced that not having these new digital licensing tools would guarantee the status quo of tons of DLC, microtransactions, and the return of online passes, inevitably leading to some kind of eventual cataclysm. I don't think we really know that to be our only possible future yet.

Removed from the apocalyptic foretellings, some people were just mad because the various sharing features built into the system sounded pretty great. The family sharing feature, which would have allowed you to share any game you owned with up to 10 family members on any Xbox One, sounded really ideal. While some doubt over the veracity of that feature's description popped up later last week, those claims--that the system would only allow family members to play shared games for up to 60 minutes at a time, before being told to buy the full product--seem to have been debunked by various Microsoft men via Twitter.

And then there was the ability to access your entire games library digitally, even if you bought a physical copy originally. Losing that one does suck, no question, but if someone really is invested in the current vision of an all-digital future, Microsoft says they'll still have every game published on the system available day-and-date digitally alongside the disc-based copies. Access might not be quite as broad as it was before, but it still allows for a notable upgrade over Microsoft's current system, where disc-based games tend to lead their digital versions by quite a margin.

So certainly, there is reason to lament some of the losses in the wake of Microsoft's change, but such lament comes with a level of faith that a lot of consumers evidently weren't willing to put in Microsoft's $500 machine as it previously stood. Now, sans these restrictions, it seems that Xbox One preorders have risen on various retail sites. Granted, the PS4 still had a strong week-long lead of positive press driving it into Amazon's top sellers list, and with many of those pre-orders put in, we're now seeing those who held out on Microsoft meeting its about face in kind. Again, actual numbers for these sorts of things we won't know about until somebody decides a sufficient benchmark has been reached to put out a glowing press release, but it does seem like Microsoft has gotten a shot in the arm here, if nothing else.

Did Microsoft's about-face change your mind when it came to pre-ordering an Xbox One? I mean, I'd already pre-ordered one, but if I didn't need one for my job, I'd have waited.
Did Microsoft's about-face change your mind when it came to pre-ordering an Xbox One? I mean, I'd already pre-ordered one, but if I didn't need one for my job, I'd have waited.

It's also really only put-off what may still yet be an inevitable all-digital future, as the New York Times noted this weekend. Many seem to think that physical media isn't really long for this world. Even if Microsoft is removing its DRM restrictions on the Xbox One, there's no reason to believe they couldn't just implement that stuff again whenever it feels the market dictates. We are most certainly progressing toward a heavily digital games market, as indie games and day-one digital releases have become increasingly normal. It's been a slow push, and not everyone is there yet. The bandwidth isn't there for everyone, nor is the affordable storage space. But if you look at where we are now compared with, say, five years ago, the digital market has expanded by leaps and bounds. In another few years, the used market may begin to dry up all by its lonesome, with no forceful nudging from console makers. All those features Microsoft was talking about could easily be plugged back in, and at a time when the market is actually prepared for this kind of shift. And isn't that how it ought to be, anyway? The consumers dictating the fate of the used games market, instead of the game companies dictating it to us?

Whether or not this gambit pays off in the end, on some level, you just have to admire the moxie of it all. Sony drilled Microsoft at E3, and managed to rally the core gaming audience behind them in a way that a single console maker hasn't been able to in ages. Where Microsoft looked out-of-touch and indifferent, Sony looked self-aware and clever, and clearly were able to parlay that into strong early numbers. In making this change so abruptly, Microsoft may have dimmed Sony's E3 afterglow a bit, and brought itself back into the race. We have ourselves a ballgame again folks, and when two companies compete with this kind of fierceness, it's we, the consumers, who most often win in the end.

Alex Navarro on Google+

278 Comments

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mORTEN81

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Edited By mORTEN81

It's back on folks! And I'm effin' rock hard for all of the benefits I'm a gonna be a reapin' me!

Great article Alex - thanks.

@darkdragonmage99: It's not that I disagree (or agree) with you, but I have to point out your fact checking rant :P I don't quite believe that America is the richest country in the world. You fact checker-you ;)

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yukoasho

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@nethlem said:

@branthog said:

I like how all the podcasts I've listened to have acted like the DRM/online turnaround with Microsoft suddenly put them ahead of Sony, because "now XBOX has the lead on Amazon sales chart right now!"... Well, of course it does. The chart isn't cumulative and PS4 was wildly popular for the first week leading up to the MS change. It's only logical that they'd have such a dramatic surge.

I think it's kind of odd how they suddenly see Microsoft ahead just because of that one policy change, even before it reflected in sales charts.

At best Microsoft made up a little bit of ground, but ahead? I heavily doubt that.

Especially considering that DRM policy change also removed some features, like game sharing. A feature that already existed on the PS3 and probably gonna exist on the PS4. So while Microsoft might have pulled their feet out of the fire they still managed to shoot themselves in the foot.

MS still has so much to do, so I agree that saying they're suddenly "leading" is ludicrous. this of course ignores that there are five PS4 SKUs for pre-order at Amazon that are likely cannibalizing one another.

MS still has to deal with people who don't want Kinect.

MS still has to deal with being a weaker system at $100 more.

MS still has to deal with the fact that the last four years have seen very little in the way of 360 exclusives, with little evidence of that trend will reverse past launch for the Xbone.

MS still has to deal with people who are just plain vindictive toward them now, between this and the PRISM scandal.

More importantly, since positive news doesn't spread as fast as negative news, MS will have to deal with the perception that they're blocking used games. Are they willing to spend the amount of time and ad money necessary to get the message out to the mainstream that they're not?

This isn't the slam dunk for Sony that it was after E3, but unless Sony gets seriously fat and lazy (which I doubt will happen this generation, since they can ill afford another PS3 situation), MS is going to have to make up a shit-ton of ground. And make no mistake, if they want to get parity without spending billions the way Sony did to catch up this generation, they're going to have to get to work right now.

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Ax23000

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@spiiken said:

I don't get why people were so furious with the Xbox One's "DRM" to begin with. Could it be that it's mostly based on a misunderstanding of their policies?

I mean, getting to share a game with up to ten people, regardless of where they live, doesn't sound that restrictive to me. Their used game policy, which allows for used games but in a way which can contribute to the consumer AND the developer sounds like a pretty awesome solution to the whole used games issue.

Oh and why does it take people so long to realize that the Kinect can actually be deactivated (on an OS level). It's written on Microsoft's bloody website.

I can, however, get why people don't like the whole 24-hour verification system. I don't think that it's a counter-piracy measure, it's more like Microsoft wanting to make sure that their entire user base is connected before they start working with server offloading to maximize the consoles performance and letting developers use their "cloud" to enhance their games.

These futuristic solutions require broadband.

It feels like the Xbox One did a lot av very interesting things that could have greatly benefited the gaming industry, but people never gave it a chance.

To be fair we don't really know what the restrictions of that family share option were going to be. They specifically called it 'family' share, which suggests some sort of limitation based on relationship. I can't imagine any system they could have come up with that wouldn't have been pretty easy to fake...but still, I do wonder.

As for their used games policy. It only allowed used game sales through authorized re-sellers--I imagine this really meant Gamestop and maybe a handful of other major retailers. I get that most people are lazy and go through Gamestop, but I can't be the only one who likes to be able to sell and buy games directly from their owners on places like Ebay and Craigslist. The idea that GAMESTOP benefited more from these restrictions than the actual consumer should tell you something...

The publisher getting a cut of used game sales may sound like a solution, but in reality it flies in the face of first sale doctrine and, arguably, general realities of economics. Publishers are not supposed to be able to endlessly profit off a single copy of a work. Not only is this--I think--more or less common sense, it's also backed up by a Supreme Court decision and copyright law. Copyright does not grant limitless rights to the copyright holder. In other words, just because you have a copyright on a work does not mean that you get complete control of every single copy of that work for time immemorial. There are limits and one of those limits deals with the fact that a copyright holder's right to control the sale of a copy ENDS with the first sale of that copy.

This allows Libraries to exist. It allows used book/movie/music/game stores to exist. It allows the retail chain of distribution to exist. It's critical and too often ignored in these debates. I'll say again, without this concept LIBRARIES could not exist. Book publishers could claim control of all those books and reject the libraries right to lend them out.

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La_raga

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Edited By La_raga

hey Alex, really love your writing and this Guns of Navarro its turning into my favorites, you are right, how the things are going in to the future, protecting the publishers and developers is the right thing to do, because places like Gamestop and Redbox, are gaining more money than the actual people that works and publish the games, if the price is right i dont mind having my games library digital, if that means saving the industry, because is sad that great developers are being shot down because those high selling targets being put by publishers and because for the used games that mark wasn't reached, i read last week that the people that worked on Hitman Absolution was let go by Eidos, and that game was pretty good, and a sequel to a great game is coming to mobile instead of a AAA console release, (Deus Ex The Fall), and really i dont want to play that on my phone, and this is what a lot of publishers and developers are going to turn if the used games market isn't controlled.

So people need to learn that piracy and used games are bringing this industry that we all love down, and hope that in the future they can make some restrictions to preserve the hard work those people have made to make us happier when we turn our consoles on.

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Gildermershina

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Edited By Gildermershina

@neoepoch said:

Everytime someone says they "don't understand why people are upset about the always-on DRM" and try to point at Steam at being the same thing as what Microsoft was trying to do, I always have to counter that Steam has an actual offline mode.It is like people seem to forget that.

Problem with that argument is Steam's offline mode doesn't really work like it should. I was internetless for two days recently. Tried to open Steam, no luck. Turns out you have to manually go into offline mode while you are online. So that argument doesn't really hold as much water as you'd think.

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Spiritof

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@yukoasho said:

@rhodesyuk71 said:

This is the only problem with digital only not everyone as that full internet access required i have a modest 67.5mbps download so games download on steam in a matter of minutes .But a lot of people have there internet down copper wires and to me thats adsl its not up to the job

... MODEST?!

Holy shit, what do you view as extravagant?

(someone forgot to tell him that this is an Epenis free zone)

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yukoasho

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@neoepoch said:

Everytime someone says they "don't understand why people are upset about the always-on DRM" and try to point at Steam at being the same thing as what Microsoft was trying to do, I always have to counter that Steam has an actual offline mode.It is like people seem to forget that.

Problem with that argument is Steam's offline mode doesn't really work like it should. I was internetless for two days recently. Tried to open Steam, no luck. Turns out you have to manually go into offline mode while you are online. So that argument doesn't really hold as much water as you'd think.

Offline mode only really works for Steam if you have the good sense to know ahead of time to put it on. Something happens before you do that, and yeah, you're pretty much fucked.

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rynox45

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I was sort of looking forward to having such a disparate set of features between the PS4 and Xbox One. It would have been a breeding ground for interesting new software and policies.

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Edited By SirMaxximus

simple answer here guys: at the end of the day, the publisher's don't pay microsoft's bills..... I do

and just as a side note, I don't think anyone is really against the good idea's microsoft had... it boils down to how it went about them, the customer is always right, the customer is always the most important to please, in any business!.. and microsoft didn't treat us like that.. they could of kept their good ideas without taking away our rights to sell, or lend, or go offline... seems kinda silly to me.

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KanataSD

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I just don't understand why they can't keep their share features locked to digital purchases and leave the disc purchases they way they already are.

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deactivated-5dac8b1b10957

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The Windows 8 numbers hurt Microsoft. They are desperately trying to mimic the success of the previous console generation because they need it. Given how out of touch the Windows 8 devs are with what people want from an OS (for a desktop computer, not a touch screen device,) I have little-to-no faith for this XBone thing. Saying that you're going to do a whole bunch of terrible stuff, and then saying, "NO, Look, we're sorry, don't leave! We really love you!" doesn't add credibility to your company's name. It reveals just how little research went into making consumers happy. They could have spent an entire hour reading online message boards and found out that "Hey, it seems like our consumers don't like terrible, restrictive DRM." But they didn't. And I'm not convinced that they care enough about the consumers to make something I'd want to buy.

Sorry Microsoft, Sony still wins.

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@la_raga said:

hey Alex, really love your writing and this Guns of Navarro its turning into my favorites, you are right, how the things are going in to the future, protecting the publishers and developers is the right thing to do, because places like Gamestop and Redbox, are gaining more money than the actual people that works and publish the games, if the price is right i dont mind having my games library digital, if that means saving the industry, because is sad that great developers are being shot down because those high selling targets being put by publishers and because for the used games that mark wasn't reached, i read last week that the people that worked on Hitman Absolution was let go by Eidos, and that game was pretty good, and a sequel to a great game is coming to mobile instead of a AAA console release, (Deus Ex The Fall), and really i dont want to play that on my phone, and this is what a lot of publishers and developers are going to turn if the used games market isn't controlled.

So people need to learn that piracy and used games are bringing this industry that we all love down, and hope that in the future they can make some restrictions to preserve the hard work those people have made to make us happier when we turn our consoles on.

*citation needed*

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dropabombonit

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I still don't trust MS, the fact there is a day one patch (properly to remove the DRM systems) doesn't fill me with confidence. Like you said in the article, what is stopping them patching the DRM back in a couple of years from now. With the PS4 they have made it clear they are against from DRM (it was the biggest part of their E3 conference) so as a consumer I trust them more to not implement measures later down the line

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The truth is, I probably wouldn't have been affected too negatively by Microsoft's planned XONE policies. My problems with the system were twofold:

  1. I live in a major urban center, and my broadband connection still takes occasion to up and abandon me for hours at a time every couple of months. Considering my relatively privileged access to this "internet" thing, I'm inclined to believe that the people rushing us headfirst into an all-digital future are totally willing to abandon the RIDICULOUSLY LARGE population of people who have no reliable way of connecting to these services (and in many cases have never interacted with a computer in any meaningful sense). Without a reliable, global online infrastructure this is taking social stratification to new extremes, never mind the unfortunate implications of catering these technologies to America and Europe.
  2. Microsoft's philosophy with their new console, as exhibited during the reveal and since, just does not appeal to me. I understand that Sony is just as much a profit-oriented entity, and that those awesome indies they took time to show at their E3 press conference are for the most part non-exclusives, but they did take time to show them. The XONE so far seems to be built around the corporate culture of Microsoft itself, and how it can embed its carefully curated image in as many forms of new media as possible. While neat in their own way, features like TV integration and cloud-based majyyks just strike me as too similar to Sony's all-too-recent push for 3D in their games. Meanwhile, the PS4 is inviting the developers themselves - big and small - to shape an identity for the system. An identity based around video games, no less. It's a compelling strategy, and while this generation is far from "decided," Microsoft still has a long way to go before it's on even philosophical footing.
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@dark_lord_spam: very eloquently articulated and yet naive to think that Microsoft don't care about their customers, since it is their business sell software. I personally like the idea of not worrying if s game will get damage and then having to buy another or if a new gem arrives will it be comparable with my old games. I think your anger should be redirected to the company that's providing poor Internet service or speak to your congressman and tell them that at this day and age Internet access is indispensable to meet today's demands .

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Kri0s

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@dark_lord_spam: While I applaud Sony for getting dev input(big and small) on the new hardware, lets not forget so quickly who brought the indies to the console table with Arcade and XNA. Its all going digital whether we like it or not, thats just the progression right now. I think Microsoft would have been better off coming down somewhere in the middle ...somehow. Instead of taking 2 steps forward, and then 2 back.

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ei8htbit

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@shingro:

At very least you can say that the traditional customer (the hardcore gamer) was not the main focus of this new console. MS made a play for the mainstream and to do so they threw their traditional consumers to the side to some extent, to try to tap another market.

I completely agree with this statement (as well as most of your other totally valid points). In my honest opinion, this is the only real problem gamers should have been angry about, more so than the DRM policies which happened to serve as the face of the hardcore gamers' anger.

I won't get too far into it again because it has been done to death, but at the end of the day, after getting a lawyer to explain the conditions because they were so convoluted and poorly explained, the DRM policies Microsoft was actually planning to enforce really, truly, were not nearly as restrictive as everyone mobbed them up to be. If you take the anger out of the argument and just look at what the benefits should have been in exchange for the requirements it's not about greed or some grand conspiracy against the gamer, it's more a case of brash self-assurance that they would be the first ones to lead and evolve the digital distribution model and that everyone would be okay with it - but they underestimated their base market entirely, and clearly the majority of that market has spoken, voting with their pre-orders.

To take it any further than that and say "too little too late" when policies are now at parity or wish 1000 deaths on Microsoft even now after they reacted to the market's demands, especially considering these consoles aren't even being released for another 4-5 months is a little immature. Everyone is entitled to be angry over ideas and plans they're not used to or comfortable with, but what is the point of refusing to let go of that anger when those plans or ideas are cancelled, I mean they never actually came into existence.

I just don't think a company changing it's not-yet existent policy regarding used video games to match a competitor should be capable of hurting any rational human being's feelings on an emotional level, let alone any sense of validated anger.

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Spankmealotus

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I continue to love these articles written by Alex. Easily one of my favorite features on the site.

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Why should I get an Xbone when I have a good PC and a PS4 on pre-order? Exclusives? Then you better have something Halo-Worthy.

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Very eye opening. I think one thing we should all remember is that the reversal is being implemented by a day-one patch. This means that they have the ability to introduce these systems again, slowly, over the course of the next few years. I think that's what the general public needs. It's kind of a shame that people are so opposed to change, but then again, it was a huge change and all at the same time.

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@d715 said:

@spiiken: Because most people still don't have good internet connection. Let along the 1.5 mps Xbox wants.

Also did you sleep threw what happen with SimCity? Or Diablo 3? Or are you that stupid to thing something like that wouldn't happen to Xbox?

Also no military bases can use them.

I find it ironic that you call me stupid while somehow managing to squeeze in like three technical inaccuracies in a five sentence post.

Firstly, are you saying that most people can't reach speeds up to 1.5 megabit? That's simply not true; the majority of all Americans have broadband connection

http://upload.wikimedia.org/wikipedia/commons/e/e7/Ch3e3d.png

Secondly, there is a difference between always-online verification (like SimCity) which requires a constant connection with a server, and a 24-hour verification system a la Xbox One where the console just needs to verify a hash with a server once every day. The latter is more reliable because it doesn’t require a constant connection with the server to work. Comparisons between always-online verification and Xbox One’s verification are just stupid and technically immaterial.

Thirdly, even if Microsoft's Xbox One was an always online system, Microsoft's server architecture is several times the size of EA's, biggest one in the world after Google. Much more reliable.

And lastly, how big of a percentage of Microsoft's market segment do you think military bases are? I think Microsoft could survive without them.

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Spiiken

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@ax23000 said:

@spiiken said:

I don't get why people were so furious with the Xbox One's "DRM" to begin with. Could it be that it's mostly based on a misunderstanding of their policies?

I mean, getting to share a game with up to ten people, regardless of where they live, doesn't sound that restrictive to me. Their used game policy, which allows for used games but in a way which can contribute to the consumer AND the developer sounds like a pretty awesome solution to the whole used games issue.

Oh and why does it take people so long to realize that the Kinect can actually be deactivated (on an OS level). It's written on Microsoft's bloody website.

I can, however, get why people don't like the whole 24-hour verification system. I don't think that it's a counter-piracy measure, it's more like Microsoft wanting to make sure that their entire user base is connected before they start working with server offloading to maximize the consoles performance and letting developers use their "cloud" to enhance their games.

These futuristic solutions require broadband.

It feels like the Xbox One did a lot av very interesting things that could have greatly benefited the gaming industry, but people never gave it a chance.

To be fair we don't really know what the restrictions of that family share option were going to be. They specifically called it 'family' share, which suggests some sort of limitation based on relationship. I can't imagine any system they could have come up with that wouldn't have been pretty easy to fake...but still, I do wonder.

As for their used games policy. It only allowed used game sales through authorized re-sellers--I imagine this really meant Gamestop and maybe a handful of other major retailers. I get that most people are lazy and go through Gamestop, but I can't be the only one who likes to be able to sell and buy games directly from their owners on places like Ebay and Craigslist. The idea that GAMESTOP benefited more from these restrictions than the actual consumer should tell you something...

The publisher getting a cut of used game sales may sound like a solution, but in reality it flies in the face of first sale doctrine and, arguably, general realities of economics. Publishers are not supposed to be able to endlessly profit off a single copy of a work. Not only is this--I think--more or less common sense, it's also backed up by a Supreme Court decision and copyright law. Copyright does not grant limitless rights to the copyright holder. In other words, just because you have a copyright on a work does not mean that you get complete control of every single copy of that work for time immemorial. There are limits and one of those limits deals with the fact that a copyright holder's right to control the sale of a copy ENDS with the first sale of that copy.

This allows Libraries to exist. It allows used book/movie/music/game stores to exist. It allows the retail chain of distribution to exist. It's critical and too often ignored in these debates. I'll say again, without this concept LIBRARIES could not exist. Book publishers could claim control of all those books and reject the libraries right to lend them out.

Thanks for your reply. It touched upon some issues I haven’t thought of, so I’ll reply with my opinion on some of the questions you raised. Alright, that came off more political-ish than I had wanted too… but anyway here goes:

To be fair we don't really know what the restrictions of that family share option were going to be. They specifically called it 'family' share, which suggests some sort of limitation based on relationship. I can't imagine any system they could have come up with that wouldn't have been pretty easy to fake...but still, I do wonder.

Actually, I’m pretty sure their chief in marketing said that your Xbox One family can include pretty much anyone, in any city anywhere. It seems like it would have been fully possible for you and a ”family members” to play the same game concurrently, which to me sounds awesome.

Of course there are some limitations; you can only share one game up to ten times (but I’ve never been in a situation where I’ve wanted to share one game with more than ten people!)

As for their used games policy. It only allowed used game sales through authorized re-sellers--I imagine this really meant Gamestop and maybe a handful of other major retailers. I get that most people are lazy and go through Gamestop, but I can't be the only one who likes to be able to sell and buy games directly from their owners on places like Ebay and Craigslist. The idea that GAMESTOP benefited more from these restrictions than the actual consumer should tell you something..

Nobody likes Gamestop less than me, but I do see why there’s a need to only allow used-games through authorized re-sellers only. Unless you channel the used games through official, established platforms, it’d be difficult to allow developers to get a percentage of each sale. Besides, I’m sure the list of official re-sellers will grow and you’ll have plenty of options.

And buying and selling games with friends should still be supported by Microsoft’s system; you can give away games from your library to friends, although I’m pretty sure you can only give one game once.

I don’t know if the used game deals would be as good as it now without this system in place, but I’d personally be willing to pay a little extra if I knew that money went to the developers.

The publisher getting a cut of used game sales may sound like a solution, but in reality it flies in the face of first sale doctrine and, arguably, general realities of economics. Publishers are not supposed to be able to endlessly profit off a single copy of a work. Not only is this--I think--more or less common sense.

Well, the alternative would be just having the money going to Gamestop, allowing them to parasite on the industry without really contributing to the cycle. Keep in mind that Microsoft isn’t even adding any fees here; everything goes to the devs, customers and the reseller.

If Cliff Bleszinski is to be believed, and whether you agree with his opinion on this or not, he is arguably an authority on all this; developers and publishers alike are having difficulties even making back the money it took to produce their million dollar titles.

It’s not necessarily as easy as just telling the developers to adapt and make cheaper games; gamers are used to a certain standard and DLC, microtransactions – all those nasty tricks are just desperate attempts from publishers to try to make some of their money back. Microsoft’s used games policy could, if it worked, mean less of that and all the other money-grapping tactics gamers hate.

Game development is expensive, it’s always going to be expensive, but if developers can profit on used games; they want have to push DLC and microtransactions into everything they make, and they’ll dare to take more risks and fund more unique projects. It would lead to an all-around healthier industry.

it's also backed up by a Supreme Court decision and copyright law. Copyright does not grant limitless rights to the copyright holder. In other words, just because you have a copyright on a work does not mean that you get complete control of every single copy of that work for time immemorial. There are limits and one of those limits deals with the fact that a copyright holder's right to control the sale of a copy ENDS with the first sale of that copy.

This allows Libraries to exist. It allows used book/movie/music/game stores to exist. It allows the retail chain of distribution to exist. It's critical and too often ignored in these debates. I'll say again, without this concept LIBRARIES could not exist. Book publishers could claim control of all those books and reject the libraries right to lend them out.

It’s true that it’s backed up by copyright law, but keep in mind that that copyright law was never meant to include digital goods.

Used cars and books is a different matter entirely – they wear down and lose value. Digital content can’t be worn down like that. As to movie and music; there you have more revenue streams for the publishers. When it comes to movies, you got cinema box office, you got DVD sales, bluray-sales, TV-channels, a dozen of streaming services, etc. etc.

The video game industry is a different matter. You only got one revenue stream; the actual sales. If you’re lucky, you can perhaps release a collector’s edition or a HD-release in the future, but very few titles get that treatment. A poorly received game can completely bankrupt a dev house which is why more and more developers turn to big publishers like EA, and the mid-tier of gaming is more or less fading away; leaving only AAA-franchise á la CoD and, on the other side of the spectrum, independent titles where the developers aren’t even expecting to make any money.

Couple that with the fact that video games today, more often than not, are actually more expensive, as a medium, to develop than music, books and even movies. They also have a longer turnaround time. The industry is young and absolutely unique, and it needs a used game policy where as much money as possible goes to the hundreds of programmers, concept artists and game devs that actually make the game.

So yeah, you make many valid comparisons between the video game industry and other mediums, but I argue that this industry is so unique that also the distribution system should be unique. It can’t allow any loopholes which damage the industry.

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Yodasdarkside

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No Caption Provided

The English is questionable, but you get the idea.

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Corvak

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@korva: As someone in construction, which shares many things with the gaming industry, (project costs in the millions, a long and complicated design phase, tight deadlines to meet) I can say that much of the issues are quite simply, failure to schedule.

The gaming industry is inundated with tons of visionaries. Many wonderfully creative people with great ideas, but many who also don't quite understand project management and/or estimating. A good manager will be able to put together a schedule designed to save time without having to stifle anyone's creativity. If your best programmer is spending half his or her day doing paperwork, this is a waste of their valuable time. Middle managers inundate the business world, and don't appear to directly influence the final product, but like the oil in your engine, they keep all of the other parts of the team doing what they do best.

Each game is different, yes. So is each building. But games are still made up of common tasks. Track how long it takes your dev team to create something, based on size and complexity. Track this information, find an average over time. Use this to forecast the cost of future projects. Budgets wouldn't spiral out of control, if the game industry had a document detailing out how long a task takes on average - because the budget would reflect the actual cost of development.

The construction industry estimates budgets by amassing an immense quantity of data about previous work, so that even though no two jobs are the same, an accurate estimate can be established for both time and money, eliminating "crunch time" at the end of a project, without having to go back to a customer or publisher to ask for more money.

The "bloat" is also a problem. This is a case of building a three car garage to park one car in. Time and time again this generation, we've seen millions of dollars spent on a game, only to see it perform moderately well. I am not saying that they should spend less on games, I just think they should spend smarter. Don't spend 90% of your money on 10% of your game. Knowing when to spend and when to save is again, where great management is needed.

The whole point of this analogy is essentially that you can create an estimate of time and cost at the beginning of a project - so you can at least ballpark the cost and time needed for a game of a specific genre or platform. This allows your publisher to extrapolate just how many sales they need, how much money to spend on marketing. The ridiculous sales forecasts you often hear are generally smoke and mirrors being thrown at shareholders. (pretty sure shareholders are smarter than that, guys)

Far as used games go, all I have to say is that we (as contractors) don't blame the fact that people are buying and selling existing buildings when we run out of work.

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I don't think people would have a problem with the all digital Steam like thing if MS showed us they had real sales of high end titles for the same price as steam. If games where the same price as on steam. But that is not the case. Games are about 20$ more expensive on console and older games go often for the same price as they went for when they came on the site. Any game store has these games for a much, much lower price. When we have to trust MS they first need to earn that trust. After the whole digital cut after the first Xbox and the high prices for new and old games on the 360 you can't expect people to trust you when you don't promise them new games are going to cost the same as PC games and you will have yearly sales rivalling Steam.

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Woow what a great device