What amazes me is how they try to shove DRM down everyone's throat and it's having the opposite effect. Spore has had the bat snot pirated out of it, and the number one reason cited is that people hate the DRM. Gabe Newell even said that intrusive DRM is not the way to go. I think what the software developers need to realize is that you should not consider people who will never buy your game as a "lost sale". Sure, they'll pirate it, but you'd never sell it to them anyway, so why grouse over it? Better to provide incentives to buy a legit copy. There's no shortage of ideas in that department, just look to the past. Posters, T-shirts, discount coupons of other games, coupons for free strategy guides, collectibles, etc, a lot of stuff that usually requires a box to go in but... with online ordering, can still work. You pay online, they ship you swag. You pirate, no swag. Granted that's not a flat out solution to piracy, but giving gamers something extra for being legit, to me, is certainly preferable than assuming everyone's a crook and punishing all equally. Simply put, if you make your game more trouble than it's worth I'm not going to play it anyway. If I read that potentially system-destroying rootkit-type DRM is packaged with it, then I'm going to avoid it like a bad smell and I guarantee you will not have a customer.
As for music, I think the same basic formula should be used - carrot as opposed to stick. I pre-ordered a copy of Iron Maiden's latest CD after hearing some sample tracks, and it came with a bonus DVD with documentary stuff, and a T-shirt. Granted, I cannot wear the shirt, but it's something I have that is unique and nifty and the bonus DVD was insightful. Not only that, but the music was great, which is what sold me on the CD anyway. The swag just makes it all that much better. Now... why is this so hard for the RIAA and other so-called "artists" to figure out? Stop suing people and paying lawyers and use the lawyer money for nifty stuff to actually make a worthwhile product, and people WILL buy it to get the nifty stuff. Sure, not every listener cares, but your hardcore fan base will go for it, and aren't repeat customers worth their weight in gold? Why not appeal to the fans instead of trying to bludgeon them into submission?
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