Vandal: I wrote a little opinion thing on this over at Edge Online:
http://www.edge-online.com/blogs/examining-the-bill Yes, that's horrible self-promotion on my part. But that's what I do! Horrible self-promotion, that is.
I just read your article, and I think it is very well written overall.
While I agree with the Bill of Rights and am all for them, it overall feels like somewhat of a publicity gimmick. They are great rules, and Stardock has done well with their games by adhering to those rules. Sins of a Solar Empire was released with no DRM, and for a while was within the top 10 best selling lists on a few sites. However, the rules will likely not be followed by a majority of companies.
I believe the real damage has already been done. Developers/Publishers are wary of customers due to pirates, and customers are wary of the devs/publishers because of the highly intrusive DRM that is now taking over games. When companies have started to limit how many times you can install a game, they went to far. I have heard countless stories of people who can no longer obtain new installation codes, and lost their game. I don't purchase these games, as I update my system often, and don't want to chance $40-50 getting thrown away.
What is also saddening is the amount of paranoia that now covers PC gaming due to piracy and DRM. If a company releases a very poor quality game or port from console, despite the hype, it likely won't receive many sales. Instead of accepting blame for a shoddy product, they immediately blame piracy and continue to develop only for console, where people buy practically anything.
A few good solutions come to mind though. First is the famous post by the Stardock developer, stating their business model.
So here is the deal: When you develop for a market, you don't go by the user base. You go by the potential customer base. That's what most software companies do. They base what they want to create on the size of the market they're developing for. But not PC game developers.
PC game developers seem to focus more on the "cool" factor. What game can they make that will get them glory with the game magazines and gaming websites and hard core gamers? These days, it seems like game developers want to be like rock stars more than businessmen.
Instead of trying to produce a game for the world to love, they focus on specific groups that they believe will buy their game. With the success of Sins, this business model seems to be working well for them.
Secondly is digital distribution ala Steam. You can install the game as many times as you want, any where you want, on any PC. The only hitch is you have to be online. However, when you can freely download and play a game any time you want with no limitations, how can you beat that? While I know Valve games have been pirated as well, it is far more difficult to enjoy them, especially online. Being online you get full patches and support, and online play.
Most importantly, it is a matter of gaining trust again between companies and consumers, although I believe that is still a long ways away (if it even happens). No matter what DRM you put on a game, it will still be broken. Consumers tend to suffer more from DRM than anybody, and it is extremely frustrating. Hopefully, between companies like Stardock and our newly loved GoG.com, the trust can be slowly rebuilt and the two sides learn to work together again. Sadly piracy won't go away, but hopefully anyone who calls themselves a real gamer will support the companies that try to work with them. I know I will.