Ever since Spore was released on September 7, an uproar has been growing. Many gamers have taken great exception to the fact the PC game comes bundled with SecuROM digital rights management software. One criticism is that SecuROM only allows the game to be installed on three computers before locking. As a result of the outcry, EA expanded the number of Spore installs to five PCs last week.
Now, two weeks after the illegal response to Spore began, EA faces a new, legal challenge to its DRM policy. This week, a class action suit was filed in the North District of California Court by the law firm KamberEdelson on behalf of one Melissa Thomas and all other Spore purchasers. According to the filing, which was made available by Courthousenews.com, the suit contends that EA violated the California Consumer Legal Remedies Act and Unfair Competition Law by not informing consumers installing Spore will also install SecurROM.
"Although consumers are told the game uses access control and copy protection technology, consumers are not told that this technology is actually an entirely separate, stand-alone program which will download, install, and operate on their computer," read the complaint. "Once installed, it becomes a permanent part of the consumer's software portfolio. Even if the consumer uninstalls Spore, and entirely deletes it from their computer, SecurROM remains a fixture on their computer unless and until the consumer completely wipes their hard drive through reformatting or replacement of the drive."
The suit accuses EA of "intentionally" hiding the fact Spore uses SecurROM, which it alleges is "secretly installed to the command and control center of the computer (Ring 0, or the Kernel) and [is] surreptitiously operated, overseeing function and operation of the computer, and preventing the computer from operating under certain circumstances and/or disrupting hardware operations." The suit also claims the SecurROM takes over a portion of the PC's processing resources "to transmit information back to EA."
EA sued over Spore DRM - News at GameSpot