Adam bought Spore but didn’t like it.
I wanted to buy Spore.
According to paragraph 3 of the Spore EULA (End User License Agreement, the contract software companies make you agree to in order to use their software), the purchaser of Spore CAN transfer his ownership/license to another person.
So it all works out, right?
Not so fast.
He uninstalled Spore on his computer.
I installed Spore on my computer, using the serial number.
So far so good.
I run Spore and try to register it.
No go. “This serial number cannot be linked to this account.”
I contact EA support. This is what I said:
My roommate purchased Spore but didn’t like it. I was planning on purchasing Spore, but since he didn’t want it, he uninstalled it and gave me his copy. However, after installing it on my computer, it says it cannot be linked to my account.
According to the EULA, owners are allowed to make a one-time permanent transfer of the license to another person, so it’s within his rights as defined by EA to give me his copy after uninstalling it.
What gives?
This is what they responded with:
Response (Priyaranjan Chatterjee)
09/14/2008 10:18 PM
Hi,
Thank you for contacting Electronic Arts.
If you have purchased a previously registered copy of the game then you will not be able to create a brand new account. You will need to get the user name and the password from the person that sold the game. If you do not have the user name and password from the person who previously registered copy, then we will not be able to assist you. We do not recommend that someone purchase used software or accounts, unless he/she is sure that they are buying a brand new game, which has never been registered. In addition, the registration code can only be used to create one account. If an account was created using the code, you cannot use it again to create a new account. Also, the account registered once cannot be unregistered. You will need to login to the game using the same account name and password with which it is registered.
However if you wish you can purchase a new Registration code/Serial number/CD from our warranty department, please mail our Warranty department the following information:
-The [Proof of Purchase] page from the manual, or if that is not available the game disk.
Note: If you send the game disk, please send it using a traceable method, as Electronic Arts is not responsible for products lost in transit.
-A letter explaining that you need a replacement serial number.
-A money order for $10.00 USD.
-Note: We do NOT accept cash, checks, or credit cards.
-Include full contact information:
-First and Last Name
-Return Address (Including City, State, and Zip Code)
-Phone Number
-E-mail Address
You must mail in your request to the following address:
Electronic Arts Customer Warranty
209 Redwood Shores Pkwy
Redwood City, CA 94065
Once all of the information has been received, our Warranty Department will process your request and e-mail as well as standard mail you a serial number. If you mailed the game disks to us, the disks will be returned to you shortly. NOTE: If you fail to include all of the requested items, it will prevent us from processing your request.
If you have any further questions feel free to respond to this email for assistance.
Sincerely,
EARep Paddy
Player Relations
Electronic Arts
Umm… WHAT?
To transfer your license to someone else, you have to GIVE THEM YOUR USERNAME AND PASSWORD TOO?
Excuse me, but that is NOT “transferring your license”. That is transferring your IDENTITY to someone else and allowing them to log in as you!!!
This is the problem with EULAs and DRM, the draconian restrictions that companies put on “ownership” of content. If I have a game, or song, or movie, or digital book, there NEEDS to be a method BUILT INTO THE SYSTEM that allows me, LEGALLY and PRACTICALLY and EASILY, the ability to LEND it to someone temporarily, and SELL it to someone permanently.
And that lending or sale should NOT require me to disseminate personal information such as my fucking USERNAME and PASSWORD to someone who might be only a passing acquaintance or even a stranger.
Looking more closely at paragraph 3 of the Spore EULA, it seems you can transfer your license, but they put in a whole bunch of disclaimers and gotchas, so essentially you CAN’T, and if you do, it’s a crippled version with no online features (which is a big part of Spore):
3. Transfer. You may make a one time permanent transfer to all your rights to install and use the Software to another individual or legal entity provided that: (a) the technical protection measures used by the Software supports such transfers; (b) you also transfer this License and all copies of the Software; (b) you retain no copies of the Software, upgrades, updates or prior versions; and (c) the receiving party accepts the terms and conditions of this License. You may not be able to transfer the right to receive updates, dynamically served content, or the right to use any online service of EA in connection with the Software. You may not be able to transfer the Software if you have already exhausted the terms of this License by authenticating the Software on the allowed number machines. Subsequent recipients of this License may not be able to authenticate the Software on additional machines. EA may require that any end user of the Software register the Software online as a condition of use and/or purchase additional licenses. NOTWITHSTANDING THE FOREGOING, YOU MAY NOT TRANSFER PRE-RELEASE COPIES OF THE SOFTWARE.
The EULA/DRM situation needs to get unfucked, soon.
One company taking a logical position is StarDock games, who have posted a Gamer’s Bill of Rights, common-sense items that they are considered radical for adopting. They make great games, and have the right (although sadly, pretty unique) approach: your customers are not the enemy.
Here’s hoping the digital media industries will someday come around to that way of thinking. Might be a long way off, though. Especially since the RIAA and MPAA are moving in the opposite direction, trying to ban fair use and treating their customers like criminals.
