A brief history of DRM in video games

A Look Back at the Video Game Industry's Quest for Protection

The video game industry is built on a delicate balance between creativity and commerce, with developers and publishers seeking to protect their intellectual property while also providing a great gaming experience for players. However, the pursuit of protection has often led to the implementation of Digital Rights Management (DRM) systems that can be overly restrictive, invasive, and frustrating for players. These systems, designed to prevent piracy and ensure revenue, have frequently been criticized for their heavy-handed approach, which can stifle creativity, limit player freedom, and even harm the very people they're intended to protect.

Image credit: Brendan Mruk and Matt Lee CC BY-SA 3.0

As we explore the history of DRM in video games, we'll examine the complex and often contentious relationship between content protection and the gaming experience, and consider whether the industry's efforts to safeguard its intellectual property have ultimately done more harm than good.

1970s: The Wild West of Video Games

The early days of video games were a time of great creativity and innovation, with developers and publishers pushing the boundaries of what was possible on emerging platforms like the Apple II, Commodore 64, and Atari 2600. This period was marked by the absence of copy protection, with games often being freely copied and shared among friends and enthusiasts.

There were several reasons why copy protection was not a major concern in the early days of video games. For one, the technology to create and distribute games was still in its infancy, and the idea of mass-producing and selling games was still a relatively new concept. Additionally, the video game industry was still a small and niche market, with a dedicated but relatively small audience of enthusiasts.

As a result, many game developers and publishers saw the sharing of games as a way to build a community and generate buzz around their products. In fact, some developers even encouraged players to share their games with friends, seeing it as a way to spread the word and build a loyal following.

For players, the lack of copy protection meant that they had a great deal of freedom to experiment and explore the world of video games. They could try out new games without having to worry about breaking the law or facing penalties, and they could share their favorite games with friends and family without fear of reprisal.

Pong (released by Atari in 1972) is considered the first successful arcade video game.

Wild West

This era of video game history was often referred to as the "Wild West" of gaming, with developers and players operating in a relatively lawless and unregulated environment. While this lack of regulation had its downsides, it also allowed for a great deal of creativity and innovation to flourish, and it helped to establish the video game industry as a vibrant and dynamic community.

However, as the video game industry grew and became more commercialized, the need for copy protection became increasingly apparent. The next chapter will explore the early days of copy protection, and how the industry's efforts to safeguard its intellectual property would shape the gaming experience for years to come.

1980s-1990s: The Dawn of DRM - Simple Copy Protection Methods

The 1980s and 1990s marked the beginning of the video game industry's efforts to protect their intellectual property from piracy. During this period, game developers and publishers employed simple copy protection methods to prevent unauthorized copying and distribution of their games. These early forms of Digital Rights Management (DRM) were often straightforward and easily circumvented by players, but they laid the groundwork for the more sophisticated DRM systems that would follow.

In the early days of video games, copying and distributing games was a relatively simple process. Players could easily duplicate games by copying the contents of a floppy disk or cassette tape. To combat this, game developers began to implement copy protection methods that required players to enter a specific keyword or code before the game could be played. These codes were often printed on the game's packaging or included in the game's manual.

The Origins of DRM
The term "Digital Rights Management" (DRM) was first coined in the late 1990s by a group of technology companies, including Microsoft, Intel, and IBM. At the time, these companies were working together to develop a set of technologies that would allow them to control and manage the use of digital content, such as music, movies, and software.
The term "DRM" was chosen because it emphasized the idea of "managing" digital rights, rather than simply "protecting" them. This distinction was important, because it reflected the industry's shift from a focus on preventing piracy to a focus on enabling new business models and revenue streams.
Today, the term "DRM" is widely used to describe a broad range of technologies and techniques that are used to control and manage the use of digital content. However, it's worth noting that the term "DRM" is often seen as being overly broad, and some critics argue that it encompasses a wide range of technologies and practices that are not necessarily related to "rights management" at all.

An early DRM protection method for computer and Nintendo Entertainment System games was when the game would pause and prompt the player to look up a certain page in a booklet or manual that came with the game; if the player lacked access to the material, they would not be able to continue.

Another style of copy protection was the "code wheel" system used by several games in the late 1980s and early 1990s. The games included a physical wheel with a series of codes that players had to enter to progress through the game. The wheel was designed to be difficult to reproduce, making it harder for players to copy the game.

Other early copy protection methods included:

• Disk checks: Games would check the disk for specific characteristics, such as the presence of a particular file or the disk's formatting.

• Serial numbers: Players had to enter a unique serial number, often printed on the game's packaging, to activate the game.

• Keyword protection: Games would require players to enter a specific keyword or phrase to access certain features or levels.

The Limitations of Early DRM

While these early copy protection methods were a step in the right direction from a commercial point of view, they were often easily circumvented by players. Many players would simply write down the codes or serial numbers and share them with friends, or use software tools to bypass the copy protection altogether.

The limitations of early DRM were also highlighted by the rise of game crackers, who would modify the game's code to remove the copy protection. These crackers would often distribute their modified versions of the game, complete with instructions on how to bypass the copy protection.

1990s-2000s: The Rise of CD Keys and Online Activation

The late 1990s and early 2000s saw a significant shift in the way games were distributed and played. The rise of CD-ROMs and online gaming led to the development of new forms of Digital Rights Management (DRM). Two of the most common forms of DRM during this period were CD keys and online activation.

CD Keys: A Simple but Effective Solution

CD keys were a simple but effective way to prevent piracy. Games required a unique CD key to be entered before they could be played. This key was usually printed on the game's packaging or included in the game's manual. The idea was that only legitimate owners of the game would have access to the CD key, and therefore, only they would be able to play the game.

CD keys were widely used during this period, and they became a standard feature of many games. However, they were not foolproof. Players could easily share their CD keys with friends or post them online, allowing others to play the game without purchasing it.

The Origins of Piracy
The term "piracy" has a long and complex history that dates back to ancient times. In the context of intellectual property, the term "piracy" was first used in the 17th century to describe the unauthorized copying and distribution of books. The term was borrowed from the world of maritime piracy, where pirates would steal and plunder ships and cargo. In the same way, intellectual property pirates were seen as stealing and plundering the creative works of others. 
In the 20th century, the term "piracy" became widely used to describe the unauthorized copying and distribution of music, movies, and software. Today, the term is often used to describe a wide range of activities, from file sharing and torrenting to counterfeiting and copyright infringement. 
It's worth noting that the term "piracy" is often seen as being overly dramatic and sensationalized. Some critics argue that it is used to demonize and stigmatize people who engage in file sharing and other forms of copyright infringement, rather than encouraging a more nuanced and balanced approach to intellectual property policy.

Online Activation: A New Level of Complexity

Online activation was another form of DRM that became popular during this period. Games required online activation to verify the CD key. This meant that players had to connect to the internet and enter their CD key to activate the game. The game would then verify the key with the publisher's servers, and if it was valid, the game would be unlocked.

Online activation added a new level of complexity to the DRM landscape. It required players to have a stable internet connection, and it also raised concerns about data collection and player tracking. Some players felt that online activation was an invasion of their privacy, and they resented the fact that they had to connect to the internet to play a game that they had already purchased.

The Impact of CD Keys and Online Activation

CD keys and online activation had a significant impact on the gaming industry. They helped to reduce piracy, but they also created new challenges for players. Some players experienced difficulties with online activation, such as slow connection speeds or server errors. Others felt that CD keys and online activation were overly restrictive, and they resented the fact that they had to jump through hoops to play a game that they had already purchased.

Despite these challenges, CD keys and online activation remained popular forms of DRM throughout the late 1990s and early 2000s. They were widely used by game publishers, and they helped to establish the foundation for more sophisticated DRM systems that would follow in the years to come.

2000s: The Rise and Fall of SecuROM and StarForce

As the use of CD keys and online activation became more widespread, two companies emerged as major players in the DRM market: SecuROM and StarForce. These companies developed sophisticated DRM systems that were designed to prevent piracy and protect game publishers' intellectual property. Their systems were widely used in many games, and were designed to prevent piracy by using various methods such as disk checks and online activation. However, they were often criticized for being overly restrictive and causing problems for legitimate players.

SecuROM: A System of Checks and Balances

SecuROM was a DRM system developed by Sony DADC, a subsidiary of Sony Corporation. It was first introduced in 2003, and quickly became one of the most widely used DRM systems in the gaming industry.

SecuROM used a combination of disk checks and online activation to prevent piracy. When a player inserted a game disc into their computer, SecuROM would check the disc for a valid serial number and other authentication data. If the data was valid, the game would be unlocked and the player could play.

However, SecuROM was also known for its aggressive anti-piracy measures. It would often flag legitimate players as pirates, and prevent them from playing the game. This led to widespread criticism from players, who felt that SecuROM was overly restrictive and punitive.

StarForce: A System of Locks and Keys

StarForce was another popular DRM system used in many games during this period. It was developed by a Russian company called Protection Technology, and was first introduced in 2002.

StarForce used a combination of disk checks and online activation to prevent piracy. However, it also used a unique "lock and key" system to authenticate players. When a player inserted a game disc into their computer, StarForce would generate a unique key that was tied to the player's hardware.

However, StarForce was also known for its invasive data collection practices. It would often collect data on players' hardware and software configurations, and use this data to identify and flag potential pirates. This led to widespread criticism from players, who felt that StarForce was invading their privacy.

The Backlash Against SecuROM and StarForce

As the use of SecuROM and StarForce became more widespread, a backlash began to form among players. Many players felt that these systems were overly restrictive and punitive, and that they were being treated like pirates rather than legitimate customers.

The backlash against SecuROM and StarForce was fueled by a number of high-profile incidents, including the controversy surrounding the game "Spore" in 2008. The game used SecuROM, and many players reported problems with the system, including errors and crashes.

The backlash against SecuROM and StarForce ultimately led to their decline in popularity. Many game developers and publishers began to look for alternative DRM solutions, and some even abandoned DRM altogether. However, technical advances and the widespread availability of the Internet opened up new possibilities for copyright protection.

2000s-2010s: The Rise of Online-only DRM

The late 2000s and early 2010s saw a significant shift in the way games were distributed and played. The rise of online gaming and digital distribution platforms like Steam and Origin led to the adoption of online-only DRM. Games required a constant internet connection to be played, even in single-player mode. This approach was criticized for being overly restrictive and punishing legitimate players who experienced internet connectivity issues.

The Rise of Digital Distribution Platforms

Digital distribution platforms like Steam and Origin revolutionized the way games were distributed and played. They allowed players to purchase and download games directly to their computers, without the need for physical media. However, these platforms also introduced a new form of DRM: online-only DRM.

Online-only DRM required players to have a constant internet connection to play games, even in single-player mode. This meant that players who experienced internet connectivity issues, such as slow speeds or dropped connections, were unable to play their games.

Criticism of Online-only DRM

The adoption of online-only DRM was met with widespread criticism from players. Many felt that it was overly restrictive and punished legitimate players who experienced internet connectivity issues. Players who lived in areas with poor internet connectivity, or who experienced frequent outages, were particularly affected.

The criticism of online-only DRM was fueled by a number of high-profile incidents, including the launch of the game "Diablo III" in 2012 and "SimCity" in 2013. These games required a constant internet connection to be played, even in single-player mode, and many players experienced problems with the games’ online-only DRM.

The criticism of always-online requirements led to a backlash against the practice, and many game developers and publishers began to re-evaluate their use of always-online requirements.

2010s: Always-Online Requirements and Uplay

The 2010s saw a significant shift in the way games were distributed and played. The launch of Ubisoft's Uplay platform and the introduction of always-online requirements for some games sparked controversy among players. The requirement for a constant internet connection to play single-player games was seen as an overreach by some players.

The Launch of Uplay

Uplay was launched by Ubisoft in 2012 as a digital distribution platform for PC games. The platform was designed to provide a centralized hub for Ubisoft's games, and to offer players a range of features and services, including cloud saves, social networking, and rewards.

Formerly called Ubisoft Game Launcher, Uplay (2012-2020) was succeeded in 2020 by Ubisoft Connect. Image credit: Ubisoft

However, Uplay was also criticized for its always-online requirements. Some games, including "Assassin's Creed II" and "Far Cry 3", required a constant internet connection to be played, even in single-player mode. This meant that players who experienced internet connectivity issues, such as slow speeds or dropped connections, were unable to play their games.

2010s-present: Shift towards more player-friendly DRM

In recent years, there has been a significant shift towards more player-friendly DRM methods in the gaming industry. This shift has been driven by a growing recognition of the need to balance the protection of intellectual property with the need to provide a positive and enjoyable experience for players.

Steam's More Relaxed Approach to Online Requirements

One of the key drivers of this shift has been Steam, the popular digital distribution platform. In recent years, Steam has taken a more relaxed approach to online requirements, allowing players to play games offline and without the need for a constant internet connection.

This approach has been welcomed by players, who have long complained about the restrictive nature of online-only DRM. By allowing players to play games offline, Steam has provided a more flexible and convenient experience for players.

The Use of More Flexible DRM Systems like Denuvo

Another key driver of this shift has been the use of more flexible DRM systems like Denuvo. Denuvo is a DRM system that uses a combination of encryption and online activation to protect games. However, unlike some other DRM systems, Denuvo allows players to play games offline and without the need for a constant internet connection.

Denuvo has been used by several major game publishers, including Electronic Arts, Ubisoft, and Warner Bros. Interactive Entertainment. It has been used in a number of high-profile games, including "Assassin's Creed: Odyssey" and "Far Cry 5".

The use of Denuvo has been seen as a positive development by many players, who have praised its flexibility and convenience. However, it has also been the subject of controversy and criticism from some gamers and developers.

Image cretit: Denuvo, via tomshardware.com

Some critics argue that Denuvo is overly restrictive and can cause problems for legitimate players, such as slowing down game performance or preventing players from accessing their games offline. Others have expressed concerns about the potential for Denuvo to be used to spy on players or collect their personal data.

DRM-Free Releases and More Lenient DRM Policies

Some game developers and publishers have also opted for DRM-free releases or more lenient DRM policies. For example, the game developer and publisher, CD Projekt Red, has released a number of games without DRM, including "The Witcher 3: Wild Hunt" and "Cyberpunk 2077".

This approach has been welcomed by players, who have praised CD Projekt Red for its commitment to providing a positive and enjoyable experience for players. By releasing games without DRM, CD Projekt Red has demonstrated a willingness to trust its players and to provide a more flexible and convenient experience.

Impact

The shift towards more player-friendly DRM has had a significant impact on the gaming industry. It has provided a more positive and enjoyable experience for players, and has helped to build trust between game developers and publishers and their players.

The shift towards more player-friendly DRM has also had a positive impact on the industry as a whole. It has helped to reduce the number of players who are driven to piracy by restrictive DRM, and has provided a more sustainable and equitable business model for game developers and publishers.

Modern DRM and the Rise of Game Streaming

These days, the rise of game streaming services like Google Stadia and Microsoft xCloud has led to a new era of DRM, with games being delivered as a service rather than a product. This approach has raised new questions about ownership and control, but also offers new opportunities for more flexible and player-friendly DRM methods.

The Rise of Game Streaming

Game streaming services like Google Stadia and Microsoft xCloud have revolutionized the way games are delivered to players. Instead of purchasing a physical copy of a game or downloading it to their device, players can now access games through a cloud-based service.

This approach has many benefits, including the ability to play games on a wide range of devices, without the need for expensive hardware or software. However, it also raises new questions about ownership and control.

Microsoft xCloud for streaming Xbox games to mobile devices, as demonstrated in 2018. Image credit: Microsoft

New Questions about Ownership and Control

When games are delivered as a service, rather than a product, it raises questions about who owns the game and who has control over it. Players may not have the same level of control over their games as they do with physical copies, and may be subject to the terms and conditions of the streaming service.

This has led to concerns about the impact of game streaming on player rights and freedoms. Some players may feel that they are losing control over their games, and that they are at the mercy of the streaming service.

The Concept of Ownership of Software
Traditionally, when you purchase a physical copy of a software product, you own the physical media and the right to use the software. However, the software itself is typically licensed to you by the developer or publisher, and you do not own the intellectual property rights to the software. The End User License Agreement (EULA) outlines the terms and conditions of the license, including the scope of use, duration, and restrictions.
In the digital age, the concept of ownership of software has become even more complex. When you download or purchase a digital copy of a software product, you may not own the software itself, but rather a license to use it. This license may be subject to certain terms and conditions, such as restrictions on how you can use the software, or requirements that you must meet in order to continue using it.
The concept of ownership of software is also complicated by the fact that software is often distributed through online platforms, such as app stores or digital distribution services. In these cases, the platform may retain ownership of the software, and the user may only have a license to use it.
The debate over ownership of software has significant implications for the way that software is developed, distributed, and used. Some argue that users should have more control over the software they use, and that developers and publishers should be more transparent about the terms and conditions of software licenses. Others argue that the current system of software licensing, just like DRM, is necessary to protect the intellectual property rights of developers and publishers.

New Opportunities for More Flexible and Player-Friendly DRM Methods

However, the rise of game streaming also offers new opportunities for more flexible and player-friendly DRM methods. Because games are delivered as a service, rather than a product, it is possible to implement DRM methods that are more flexible and responsive to player needs.

For example, game streaming services can use data analytics to monitor player behavior and adjust DRM methods accordingly. This can help to prevent piracy and ensure that players are able to access the games they want to play.

The Future of DRM

The future of DRM is likely to be shaped by the rise of game streaming and the increasing importance of player experience and satisfaction. As the gaming industry continues to evolve, it is likely that DRM will play a smaller and smaller role in the way that games are distributed and played.

Instead, game developers and publishers will focus on providing a positive and enjoyable experience for players, and on building trust and loyalty with their customers. This may involve the use of more flexible and player-friendly DRM methods, as well as a greater emphasis on player rights and freedoms.

Conclusion

As the gaming industry continues to evolve, it is likely that DRM will play a smaller and smaller role in the way that games are distributed and played. Instead, game developers and publishers will focus on providing a positive and enjoyable experience for players, and on building trust and loyalty with their customers.

This concludes our exploration of the history and evolution of DRM in the gaming industry. I hope that this overview has provided a useful and informative look at the complex and often contentious issue of DRM, and that it will help to inform and shape the debate about the future of DRM in the gaming industry.