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THE GRIPE LINE: ED FOSTER                       http://www.infoworld.com
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Tuesday, November 9, 2004

LATEST WEBLOG ENTRIES
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* Playing Games With Customer Rights
* Pay-Per-Click Perils
* Countering Sneakwrap

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PLAYING GAMES WITH CUSTOMER RIGHTS
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Posted November 9, 1:31 AM PST Pacific Time

My new microwave won't work because it objects to the brand of
refrigerator I have in the kitchen.  And the aspirin bottle has detected
a rival brand in the medicine chest and therefore can't be opened. And
my mattresses tag-removal alarm system is ...


Well, OK, maybe things haven't gotten quite that bad yet, but it's
certainly the direction that software Digital Rights Management schemes
are taking us.  Most distressing is the trend by game software
publishers to use DRM that refuses to let the game play if software it
doesn't like is detected on the user's system.


"They really have gone too far this time," one reader recently wrote.
"Check out the links in this Slashdot discussion (
http://newsletter.infoworld.com/t?ctl=9D75F0:2B910B2 ).
Sims 2 checks your computer and will not run 'when active CD Emulation
software is detected by the copy protection on the game CD.' That means
Electronic Arts wants us to remove perfectly legal programs like Nero
and Clone CD that are often pre-installed by the PC manufacturer! This
can't be legal."


In past months, readers report encountering (
http://newsletter.infoworld.com/t?ctl=9D75F2:2B910B2 ) similar DRM
restrictions on CD/DVD burning software with other games such as
Activision's Doom 3 and Ubisoft's Far Cry. One reader had resorted to
getting cracked versions of the games instead of the CDs he had
purchased, but this meant that they could not be played on-line. "Doom 3
was something I was really looking forward to playing on-line, so I
relented and uninstalled the Clone CD and Daemon Tools software in an
attempt to get Doom 3 to work with the store-bought executable," the
reader wrote. "To add insult to injury, Windows XP decided that I had
made a hardware change when I uninstalled the virtual DVD/CD-OM software
and told me I had to re-activate. When I tried to re-activate it told me
I had re-activated too many times ... So then I had to call Microsoft
and convince them I wasn't trying to install Windows XP on more than one
computer so that I could use the operating system I bought and paid for
over two years ago. As a software engineer myself, I understand the need
to protect your code but to make copy protection so stringent that
legitimate users can't use the software they paid for encourages piracy
or at the very least discourages future purchases."


As is always the case with copy protection, the DRM the games are using
can easily be circumvented by those who want to make illegal copies but
can cause problems for honest users. "My version of Clone CD is so old
that it doesn't do any emulation, probably wouldn't beat any modern copy
protection, didn't have any services running, and was solely used for a
few personal CD backups," wrote another frustrated Doom 3 customer. "I
actually had to uninstall Clone CD to even be able to run Doom 3.
Meanwhile, friends of mine downloaded and were playing days before I
bought it - totally hassle-free.  Why bother anymore? Why should paying
customers ...

For the full story:
http://newsletter.infoworld.com/t?ctl=9D75F4:2B910B2


PAY-PER-CLICK PERILS
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Posted November 8, 12:36 AM PST Pacific Time

Pay-per-click ads are a driving force behind the Internet these days, but
not all click-throughs are real. And what if the search engine company
says the click-throughs are valid when you think they're phony? That's
what reader was left wondering after his Overture Content Match traffic
experience an unusual spike.


"Our website has been promoted via Overture's pay-per-click program for
several years," the reader wrote. When Overture added the Content Match
contextual advertising feature to his service, he decided to at least
give it a try.  "It didn't seem like a bad idea, although the number of
websites that might mention the kind of items we have to sell would
pretty much be restricted to our competitors. So I watched it closely to
see how much it was costing us."


The reader's company sells a fairly specialized set of products, so the
amount of click-throughs generated by Overture's Content Match were
generally not very heavy. "Imagine my surprise when I found that two
terms we have pay-per-click campaigns on went from very little action to
a huge amount of action - for only two
days," the reader wrote. "Over the course of six months, the first
product description ...

For the full story:
http://newsletter.infoworld.com/t?ctl=9D75F5:2B910B2


COUNTERING SNEAKWRAP
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Posted November 6, 10:21 PM PST Pacific Time

Is there a way to turn the tables on the purveyors of sneakwrap? At least
in some instances, it might very well be possible to take matters into
our own hands by sending service providers back our own "terms and
conditions" for them to keep our business.


You've probably noticed how virtually every utility bill or financial
statement you get in the mail each month comes with a whole new set of
fine print terms that you are supposedly agreeing to by continuing the
service. William Woodward, a law professor at Temple University, has
noticed this too, and a few years ago he decided to try a little legal
exercise with some of his service providers by sending them back his own
"Terms and Conditions of Continuing Service" form along with his check.
"There is no reason that a consumer cannot have her own form and do
battle with a business that has tried to take away important rights by
sending out its one-sided form to the consumer," he wrote. "There even
seems to be a little poetic justice in it."


Woodward's specific concern was the dispute resolution terms many vendors
employ to prohibit class action lawsuits and/or mandate arbitration. His
terms ...

For the full story:
http://newsletter.infoworld.com/t?ctl=9D75F3:2B910B2



Contact Ed Foster at [EMAIL PROTECTED] .

Ed Foster's "Reader Advocate" column,
http://newsletter.infoworld.com/t?ctl=9D75F6:2B910B2 , can be read exclusively
at his GripeLog Web site: http://newsletter.infoworld.com/t?ctl=9D75FA:2B910B2


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