As many of you already know, I’ve been complaining about the Digital Rights Management (DRM) issues experienced when migrating any Xbox Live Arcade / Marketplace content from one Xbox 360 console to another.
- Downloadable Content Abstinence (April 27th, 2007)
- Microsoft Continues to Screw Loyal Gamers (August 17th, 2007)
In a previous post I stated; “
So, what must we do to have our voices heard? Do we contact the Better Business Bureau, file a class action lawsuit, or continue to beg Microsoft for a solution?” Well, I’ve tried begging Microsoft for a solution and that didn’t work, so I decided to contact the Better Business Bureau.... Here's the complaint that was filed and the correspondences that followed:
Consumer's Original Complaint:
I've been a member of the Xbox Live online gaming service since Nov. 2002 and I purchased an Xbox 360 Premium (Pro) console on Nov. 25th, 2005; I've been a loyal Xbox customer for many years.
Since November of 2005, I have purchased hundreds of dollars worth of "Microsoft Points" and have used them to purchase various arcade games, themes, and gamer pictures from the Xbox Live Marketplace for my Xbox 360.
In an interview regarding the Xbox 360's HD capabilities, when questioned about HDMI output, a Microsoft spokesperson stated:
"We are watching the market closely and will continue to evaluate our solution, in the face of consumer demand." Recently their 'solution' was made public; consumers would need to purchase another Xbox 360 console.
On April 29th, 2007 I purchased an Xbox 360 Elite console for $479.99 to replace my previous Xbox 360 console. The $199.99 HD DVD add-on I purchased for the Xbox 360 Pro would not display in 1080p because it did NOT have an HDMI output. (I tried numerous times, but 1080p was not compatible on my HDTV using VGA or component cables.)
On April 30th, 2007 I downloaded the "Microsoft Xbox 360 Data Migration Kit Order Form" and supplied both the Pro (old) and Elite (new) serial numbers as requested. Upon receiving the migration kit I 'migrated' all of the content from my old Xbox 360 console hard drive to the new 120 Gig hard drive of the Elite.
All of content that I had purchased / downloaded through Xbox Live Marketplace cannot be accessed on the new Xbox 360 Elite console. When connected to Xbox Live, only I am able to access the content when logged in with my "Gamer Tag". If my wife or my son attempt to access any of the content it's either not accessible, or the game is in 'demo mode'. (The same thing happens when I use my gamer tag and my internet connection is down due to the severe storms here in Florida.)
I contacted Microsoft support when the problem first occurred and I was instructed to download the content again onto the new console. This did not fix the problem, so I called again the following day. This time I was told I would have to purchase ALL of the content a second time with a different profile to resolve the matter. This is unacceptable. I have already paid over $300 for this content, an additional $479.99 for the Elite console for HDMI, and followed their steps explicitly regarding the data migration kit. I was never informed that Xbox Live Arcade / Downloadable content for Xbox 360 titles would be "temporary" and NOT function fully on a replacement Xbox 360 console before the purchase was made.
I purchased 8 Microsoft point cards totaling 44000 MS Points; however, I have not entered them into my 360 console. I will most likely return these point cards if this problem cannot be rectified because I do not want to waste my money on games that may not be compatible with my current Xbox 360 console or a replacement Xbox 360 console.
I have already experienced the 3 flashing red lights issue on a different Xbox 360 and was given a replacement... Thankfully I did not purchase any content on that machine. I fear that if my current Xbox 360 eventually proves to be defective I'll encounter the exact same problem with downloadable content.
Consumer's Desired Resolution:
I do not wish to receive alternative games / content to be given to me in their place; I merely wish to have full access, both on and offline, to all downloadable content I originally purchased / downloaded. Another possible solution would be to implement licensing protection similar to iTunes or SONY's PlayStation 3; they allow up to 5 devices to be fully authorized to access purchased content. I believe these are all fair solutions.
BBB Processing:
08/28/2007 BBB Complaint Received by BBB
08/28/2007 BBB Microsoft Complaint Validated by Operator
08/28/2007 EMAIL Microsoft - Inform Consumer
08/28/2007 EMAIL Inform Microsoft of Complaint
09/05/2007 RECEIVE BUSINESS RESPONSE : 5 September 2007
RE: Your complaint to the Better Business Bureau
Dear Jason,
A copy of your report filed with the Better Business Bureau of Oregon & Western Washington regarding your Xbox Video Game System has been forwarded to Microsoft.
We spoke to you on the 2nd of September in regards to your complaint concerning the transfer of points and content from one console to another. Unfortunately content transfer can only work from same model consoles to another. You happened to purchase a new Elite model which is different from your previous Premium model. Due to our policy we unfortunately cannot migrate the content as the content has to be like for like.
We apologize but unfortunately we cannot comply with your request. I understand that this issue is now resolved.
Thank you for your continued support of Microsoft Xbox gaming platform.
If you have any further concerns regarding this issue, please contact 1-800-4-MY-XBOX and use ticket number: [xxxxxxxxxx]. Otherwise we will consider this issue closed.
Sincerely,
[ XXXX XXXXXX ]
Xbox Customer Support
Microsoft Corporation
cc: Better Business Bureau of Oregon and Western Washington
BBB Processing:
09/05/2007 EMAIL Forward Member Response to Consumer
09/07/2007 BBB RECEIVED CONSUMER REBUTTAL :
(The consumer indicated he/she DID NOT accept the response from the business.)
09/07/2007 BBB RECEIVED CONSUMER REBUTTAL : 7 September 2007
As I stated during the phone conversation on the 2nd of September, the policies currently in place seem to change each time I call, and this response is unacceptable. On one occasion I was told to simply re-download the content and the problem would be resolved, the following call I was told that I would have to provide a receipt proving I traded in my pro console for the elite to receive a refund from the "points department", and during my third call to customer service I was told that I would have to purchase all of the downloadable content a second time; now I'm being told that content transfer can only work from same model consoles to another.
If content transfer is only possible from the same model console to another, why does Microsoft provide a free Xbox 360 Data Migration Kit to any consumer owning a CORE or PRO series console upon purchasing a new Xbox 360 Elite?
The above URL is the order form I used to obtain the free Data Migration Kit after purchasing the Elite console. The order form requires the serial number from the old CORE or PRO series console as well as the new ELITE model in which a customer desires to migrate the data to.
People constantly ask me why I continue to press this issue and why I care so much. My answer is this; I believe this problem goes far beyond Xbox Live Arcade and downloadable content. If we, the consumer, continue to allow corporations such as SONY, Microsoft, Apple, 2k Games, and Nintendo to restrict the usage of content we’ve legitimately purchased, we’ll eventually lose every right we have to use that content.
Here are a few examples of what I’m referring to..
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BioShock (PC):
If you purchased the game BioShock for your PC, you may or may not be aware that it contains SONY’s “SecuROM” copy protection. This “protection” scheme requires the user to “activate” the software via internet connection. Once you install the game, and have activated it, you only have a single installation / activation remaining before you’ll have to contact 2kGames’ support staff to play it. If you replace your mother board, hard drive, or reinstall Windows, or try to run the game using a different log in account, you must reactivate the game. (You only get a total of 5 reactivations; 2 online activations and the remaining 3 via contacting customer support.) Yes, the “game” you purchased for $49.99 will eventually become merely a box containing an instruction manual and shiny disc that does nothing more than sit there and look pretty.
Fairly good news: The BioShock game creator did apologize in an interview with joystiq.com for the “screw-ups” and mentioned that the company would move back from online activation at some point, but since you’re limited by the number of activations, you’re basically giving 2kGames $49.99 to borrow BioShock.
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Virtual Console:
If you’re a proud Wii owner, you’re probably familiar with Nintendo’s “Virtual Console” games. Virtual Console games are classic Nintendo 64, TurboGrafx-16, Genesis, NES, and Super NES games that can be purchased and downloaded through the Nintendo Wii console. Once a Virtual Console game has been purchased and downloaded, it’s forever locked to the console it was purchased on. You cannot move the games to a different Wii console and play them, period. If your Wii console is defective, needs to be repaired, or it just dies of old age in the next 10 years, every virtual console game you purchased is gone forever. If you happened to back-up your Virtual Console games to an SD memory card, you’ll only be able to copy them back to the system they originated from.
Fairly good news: Several people who have had their Nintendo Wii console replaced or repaired have been pleased at how the company is handling the refund of their Wii Points. Once the new console is received, the customer contacts Nintendo and provides them with their new console information. Codes for refunded Wii Points are then sent via Wii-mail to the new console and the Virtual Console games can then be repurchased.
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iTunes:
If you purchase music through iTunes, not only are you purchasing music that’s far from CD quality, you’re agreeing that the PC you purchased it on will be the only one that is allowed full access to that song. Sure, you can burn the music off to a CD, then rip it back into iTunes to remove their Digital Rights Management (DRM), but you’ll lose even more of the audio quality in the process. Did I mention you’re only allowed to burn iTunes music 5 times, and you’re only allowed to authorize 5 PC’s to play iTunes purchased music?
Fairly good news: The “up-side” to Apple’s DRM is that some of the content can have the DRM removed if you pay an additional $1.00, you can deauthorize every PC that had previously been authorized and start process all over again. You can also put purchased music onto as many iPods as you’d like. All of this makes iTunes the most tolerable DRM scheme out there.
So, as you can see, we as consumers are far too tolerant of these companies and their drastic methods of controlling the digital media that we've purchased. Does any of this prevent piracy? No. Firmware mods for the Xbox 360, mod chips for the Wii still allow pirated games to fully function. There are torrents and peer to peer software that allow people to obtain pirated music and movies. DRM merely strips the rights from the honest customer while companies hide behind the
Digital Millenium Copyright Act (DMCA) and the false claim that they're merely protecting their software.
I honestly believe that more people should contact the
Better Business Bureau, write to these companies, boycott their DRM'd content, speak out against overly strict DRM methods, and stand up for the right to freely use and own the media / content / software they've rightfully purchased. Until then we're at the mercy of the large corporations and we'll never truly own what we've purchased.
I feel that Microsoft has been misleading Xbox 360 owners, and until they change their policies, fix the Xbox Live Marketplace / Arcade DRM, or give me every single point back.
So now I ask you all for you feedback....
Do you agree / disagree with me?
Do I have a valid argument here? Should I just give up?
Do you feel like you truly own the digital content, music, videos, etc that you've been purchasing?
Do you feel like your rights are being violated?
- Jay
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