Lucy's View: Clash of the Titans- Sony vs. Microsoft E3 showdown

The claws were out at E3 last week when Sony released this very tongue in cheek response to Microsoft's Xbox One announcement, which explained that new DRM (digital rights management) restrictions will result in harsher controls on lending, sharing and trading games:



Microsoft claim that the new restrictions will actually improve the gaming market. With a new cloud-based system, Microsoft explained how a user will simply be able to log onto any Xbox One console and access their full games library, and that up to 10 family and friends can have accounts on the same console, and access all content stored on there. Furthermore, this system will allow downloads of new releases at the same time as the disc version enters the shops, so no more late night queuing. And really, what would be the point now that a disc will only be needed once to install the game, then it becomes surplus to requirement. (Anyone else think this screams of PC gaming?)

However, there is a downside to all this. Get banned from Xbox Live and you lose all your game licences, oh, and you can't play offline, and the console has to connect to the internet once every 24 hours if you're playing on your own console, once an hour if you're playing your games on a friend's console.

The Xbox One- someone commented it looks like a VCR,
I can't help but agree.

As far as trading goes, you can digitally give your games to your friends if you no longer want them, as long as they have been your friend on your Xbox account for more than 30 days, and you can only give your game away to one person. As far as I can tell you will be able to trade games developed by Microsoft through traditional means, for example CEX in the UK, but the retailers must pay a fee to be able to resell.


Trying to clear up the confusion

I must state at this point that there is an awful lot of confusion over what these restrictions mean / don't mean for the average gamer. I have done my best to decipher the endless rants (there are literally hundreds), and the occasional bit of praise for the new system. The general consensus though, is that Microsoft brought nothing but bad, and confusing, news to the E3 table.

But before we take our hats off to Sony and claim, as others put it, that they 'won' E3, I decided to have a deeper look into what Microsoft are trying to do, and why.

Under the surface of what seems like a power trip from Microsoft, it appears that the Xbox One, and its new restrictions, are designed to sustain / encourage, (depending on your opinion of the gaming world), social gaming. At the same time Microsoft are handing power back to the publishers and developers, allowing them to opt in to allowing re-sales of their games, and in turn giving them control of the distribution of their products. In fact, this guy argues a pretty good case as to why the new DRM restrictions are not all doom and gloom, and raises the point that developers have to make a living too!

I'm still not convinced...

The Play Station 4- definitely smarter looking in my opinion.

Others have also argued an excellent point though: would this set up work in any other market? Look at books for example. Do I have to have known someone 30 days before I can give them a book? The same goes for DVDs, pens, or anything tangible really. If I have bought a disc, surely that is my copy to do with as I please (within the constraints of the law of course). And this is where Sony's argument sits, they are quite realistic about the fact that people may want to lend or even pass / sell games on. It could be argued that lending leads to more sales, in a 'try before you buy' sense.

Maybe, like hundreds of others out there, I have got the wrong end of the stick. What worries me more is the hundreds that have no idea about any of this, and who's brand-loyal children will be going crazy for the £429 Xbox One this Christmas (it's due for release in November). Yes, that's how much it's going to be. The Play Station 4 undercuts it by £80, at £349, but does not include their camera add on. So there is a lot of money to be invested here. And as a friend rightly pointed out, he is a lot less inclined to spend another £50 on a game, that after a period of time, (either after completion or out of boredom), he cannot sell on to get a bit of money towards their next purchase.

Here at the studio we would love to hear your thoughts on this. I may have opened a can of worms, but who doesn't love a good debate? Leave us a comment or tweet us @ubd_studio



Source of Information:
http://ubersocialmedia.wordpress.com/2013/06/12/sonys-social-agility-thwarts-new-xbox-one/
http://www.wpcentral.com/lets-talk-xbox-drm
http://www.neowin.net/news/anonymous-xbox-engineer-explains-drm-and-microsofts-xbox-one-intentions
http://www.eurogamer.net/articles/2013-06-07-xbox-ones-used-game-policies-to-lie-with-publishers
http://www.bbc.co.uk/news/technology-22850409

Creative Copyright- Facts, thoughts and opinions

So, you have an amazing logo / jingle / piece of art, or anything you've created really, and you want to use it, but you're scared people are going to copy it, what do you do? Having worked with a number of past and current clients, regarding their Intellectual Property, Trade mark and registered status, it got us thinking that people should know more. We've also seen several articles lately that highlight the dangers of not protecting your work and IP. It's a hot topic in the media and it's definitely worth you considering your options about building equity in your business.


Taking the confusion out of copyright

However, what you need to do to protect your work can be somewhat confusing. After quick glance at the IPO, (Intellectual Property Office), website it became clear that it's not a simple case of 'copyright':

- Copyright: protects arts including music, literary works, dance, artworks, layouts for books etc and recordings or broadcasts of any work (music etc.). A copyright protects any medium of a piece of work, meaning that it cannot be copied in any form. Although there is no official system for copyright, the IPO suggest either sending yourself a special delivery letter with the work inside, and leave it unopened, or lodging your work with a bank, (this is not legally binding, but would provide evidence in court). Note that copyrights only protect the actually work, not the thoughts or ideas behind it. You can display that you wish to copyright your work by adding the © symbol. It is also advised to include your name and the year from which you wish to protect your work. A piece of work may have more than one copyright attached to it. A great, yet complicated example of this can be found here, regarding the highly irritating, but super catchy 'Friday' by Rebecca Black.

- Trade marks: otherwise known as your brand. The IPO define a trade mark as "a sign which can distinguish your goods and services from those of your competitors...It can be for example words, logos or a combination of both." The only way to register a trade mark is with the IPO. Although you may have registered your company name with Companies House, you may not be able to use this in your trade mark, the IPO provide a lot more information on this issue here.

- Registered Design: according to the IPO, the legal definition of a design is "the appearance of the whole or part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture or materials of the product or ornamentation." In the graphic design and branding world, this type of protection is suitable for packaging, graphic symbols, and typefaces. Designs can only be registered with the IPO, in the same way trade marks can.

- Design Right: just like copyrights do not need to be registered, neither do design rights. However design rights only protect the 3D shape and configuration of a product, not the surface patterns or other 2-dimensional aspects of the product. The IPO recommends taking similar precautions to that when protecting your copyright, e.g. mailing yourself a copy of your design and leaving it sealed.

- Patent: a patent is specifically for new inventions and protects "how things work, what they do, how they do it, what they are made of and how they are made." Patents are granted under strict guidelines, information on which can be found on the IPO website here.

The IPO also provide information on other rights regarding intellectual property, these can be found here.

Lessons learned from Leather Bags

Whether its logos, patterns or actual products, copyright infringement is serious, and can be seriously damaging to the owner of a copyright. Take, for example, the case of The Cambridge Satchel Company. It would seem obvious to assume that the brand would face problems with counterfeit products coming from overseas, however it might surprise you to hear that the company's own suppliers were using Cambridge Satchel leather and putting their own labels on the bags under a different brand name! Furthermore, it was discovered that fake social network sites had been created for the company, causing confusion for customers; a deception technique known as 'cybersquatting'.


Cultivating, or capping, creativity?

In the UK, copyright protection can last upwards of 50 years, depending on the type of material being protected. There are arguments for and against this length of time. Some claim that long copyrights increase creativity by providing protection to the creator, which is becoming more of an issue with the ease of sharing in the current digital climate. However, the point has been raised that these extended periods of protection make it difficult to revive or protect older material, as it can be difficult to find the original copyright holder in order to gain permission to use the work. Others claim that nowadays copyright is only used to protect publishing companies / record labels, not the content creators themselves.
  
These arguments raise interesting points. However, we believe, especially in the case of the individual or the independent business, copyright is essential, and trademarking must be seriously considered. Both provide protection for you and your brand from your reputation being damaged by cybersquatting or other fraudulent activities. Protecting yourself now is a lot cheaper than a legal battle later!

So how safe are you?




Sources of Information:
http://www.lawlawlandblog.com/2011/04/copyright_battles_on_friday_fu.html
http://www.ipo.gov.uk/types/copy/c-about.htm
http://www.ipo.gov.uk/types/tm/t-about/t-whatis.htm
http://www.ipo.gov.uk/types/design/d-about/d-whatis.htm
http://www.ipo.gov.uk/types/design/d-about/d-designright.htm
http://www.ipo.gov.uk/types/patent/p-about/p-whatis.htm
http://www.ipo.gov.uk/types/otherprotect.htm
http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202590116493&A_Handbag_Maker_Battles_Counterfeits_and_Copyright_Copycats
http://www.economist.com/node/15868004
http://www.ipo.gov.uk/types/tm/t-about/t-whatis/t-companies.htm
http://www.ipo.gov.uk/c-basicfacts.pdf