It’s the fabulous 250th Episode milestone, and this particular podcast features a major surprise for longtime listeners. Not only is this one of the funniest podcasts in a long while, but there’s plenty of show to go around, too. First, the Gaming Flashback checks out the classic shooter No One Lives Forever, while the Gaming History examines the infamous Gizmondo handheld gaming console.

As for the news:

• Hirai: Sony could be facing “serious trouble“
• Take Two CEO states “strong become stronger” with next-gen transitions
• Developer Starbreeze fears Syndicate may be “too hard“
• Oklahoma state rep wants 1% violent videogame tax
• Ubisoft cuts off legit players With DRM server migration

There’s no Question of the Week, but we’re definitely sure there will be plenty of comments for the podcast hosts.

Despite having multiple technical difficulties that were edited out of the podcast, Episode 247 is full of gaming discussion goodness, despite Paul’s constant declaration that companies are full of bullbleep.

This week’s gaming news includes:

• Bioware confirms Mass Effect 3 is Origin-only
• Electronic Arts passed $1B in digital sales in 2011
• The Lund Report for the December 2011 NPD
• Gaikai: Sony or Microsoft won’t have next-gen console
• Thief 4 rumored to have multiplayer
• Videogame industry companies shutting down to protest SOPA

This plus two reader mails and the Question of the Week, “What was the first multiplayer gaming you ever enjoyed?”

This week, Paul is too busy unpacking in his new home in California, so it’s just Jonah and Jordan, as the news mainly deals with DRM. The Gaming Flashback this week is the Activision racer The Great American Cross-Country Road Race, while this week’s Gaming History doesn’t focus on a video game company or developer, but a fictional character instead, Mario’s favorite mount, Yoshi.

The news this week includes:

• EA forum bans cause game bans
• Research film states piracy’s up 20% in past 5 years
• GOG sez customers hate DRM
• Steam user database cracked
• Uncharted 3 launches with 1.1M sold in first week

All that plus Reader Feedback and the Question of the Week, “What DRM would you tolerate?”

This week’s episode is abbreviated due to Paul’s move to California, and various Halloween delays. That’s not to say there’s no great stuff in the show, as there are some big debates about privacy and bugs.

The news this week includes:

• Electronic Arts insists that Origin is not spyware
• Rumor: Grand Theft Auto V to be download only?
• Dev: Sword of the Stars II is a “turnip“

All that, and Paul feels older thanks to the Reader Feedback.

Question of the Week this time is non-videogame related: What’s your favorite vacation spot?

This week’s gaming podcast we’re answering some community feedback, hitting some new DRM issues and tackling some popular news stories including but not limited to:

• Capcom implementing always connect DRM in PS3 games
• Ubisoft’s DRM cracked for good?
• Blizzard appealing the AO Starcraft II rating
• First PS3 3D games will not have as good graphics as the 2D version

The question of the week, would you rather have an inferior bleeding edge technology (PS3 3D Gaming for instance) or a higher end more current technology? Do you feel Sony’s trying to break new innovative barriers or move more high tech gear?

This week’s gaming podcast we’re reminding Derrick of all his horrific gaming memories. We’re flashing back to the 1986 game, Jackal for the arcade and the Nintendo Entertainment System. We’re taking a look at one of the men behind Bioware: Dr Ray Muzyka. This weeks game news includes:

• Command and Conquer using always on internet DRM?
• Michael Atkinson steps down
• Pikmin 3 Coming
• EA to test a demo strategy

This week’s Question of The Week: What game has totally been ruined for you?

This weeks gaming podcast, Settlers of Catan developed by Teuber or Teubler or …whatever! We’re flashing back to mr. Teuber as well and covering some cool gaming news. The news covers a few hot topics of the week, we’ve included:

• Pachter predicts project natal will retail for $50
• Sony trying to make money off of used game sales, too
• John Carmack getting life time achievement award
• Rumor: Nintendo DS 2 may have a rumble feature
• Sony thinks 3rd party publishers leaving Nintendo
• Ubisoft tries their hand at DRM

The question of the week! What type of DRM is universally acceptable?

It seems Spore was the staging point for the SecuROM revolt and the massive amazon 1-star reviews and backlash have not gone on deaf ears. Electronic Arts has opted to leave SecuROM out of The Sims 3, an upcoming release for just that reason.

“We have heard your requests over the past months and here is our plan for The Sims 3,” Sims development head Rod Humble stated on the official website. “The game will have disc-based copy protection – there is a serial code just like The Sims 2. To play the game there will not be any online authentication needed. (casualgaming.biz)

We wonder, did they do this primarily because of the Spore revolt or because the demographic for The Sims is even more casual than that of Spore? Casual gamers expect a casual experience from install to un-install because they don’t want to be hassled with silly copy protection. Or, perhaps casual games like The Sims is less likely to be hacked because it’s not a “hardcore” game?

We’re sticking with the thinking that this is a “good faith” jesture to the gamers for how they “rocked the vote” on the last title as The Sims is one of the best selling series on the PC gaming platform. Lots of sales with lots of fans, why interrupt that momentum with ugly DRM whiplash?

Gamers get upset when developers sneak ugly hacks onto their computers when they just want to play video games. Although gamers really only revolt when they know their being exploited, Spore is a fine example of how not to lock down a video game. Using SecuROM was a bad decision on the part of Electronic Arts, no matter what their PR spin tries to tell us.

Imagine a world of DRM free spore and you may be imagining reality using the Valve’s Steam software download architecture.

“The moderator specifically mentioned Spore but it’s possible this extends to other EA games that used SecuROM as well (like Mass Effect). If a game on Steam uses third-party DRM, it’s supposed to be mentioned on the product page.” (cinemablend)

We’ve been complaining about the Spore DRM for month snow on the gaming podcast, perhaps we’ll have to shut our mouths soon enough.

(Thanks, GameStooge)

David Braben, founder of Frontier Developments, says retail outlets that buy and sell pre-owned games are “essentially defrauding the industry.” Although multiplayer gaming might not be a huge threat, the single player experience in games may die out because gamers play the game quickly and resell it back to places like GameStop for others to buy.

Developers don’t get a dime when a game goes traded, many gamers will “share” the single player experience with a single copy of the game by reselling it over and over. The end result, retail outlets make a good penny for marking up old games while developers see nothing. This is really how game retail outlets survive because the margins on video games is so damn low.

The story has been heard before, developers want a piece of the action so they’re taking steps to entice people to keep the game with renewed downloadable content on old games; you can’t experience the new content without keeping the game around longer. In the world of low margin games, high cost development and short-lived story lines the solutions to this problem aren’t exactly obvious.

Braben’s idea of a solution is to offer two versions of the game, a not for resale/rental version at a high price, say $160, and a low priced version that cannot be shared (heavily DRM’ed?) for $50. In essence, gamers would no longer be able to trade in games because the idea of spending double for a game so you can resell it makes no sense to most gamers (including myself.)

Imagine, spending double for a game to be stabbed in the back at a GameStop for getting a quarter of its worth to be resold for almost MSRP again. Sounds like a great time. Not really. Although rental stores may be the exception to the rule, as it’s not a standard gamer, having them pay more for the title isn’t in their best interest as things are going fine for them now.

One major reason rental stores exist is because gamers cannot afford to buy every game they want to play. If rental stores were gone, gamers wouldn’t go out and buy ten games a quarter because they have no choice… they’ll just play less games. If gamers play less games there is a great chance they won’t experience your cool games, like Frontier Development’s Lost Winds, at all.

If a gamer never gets the chance to experience your game because they can’t rent them, you’ll find them less loyal and less likely to purchase your games in the future. As a gamer, I may rent a game because I’m not going to risk buying a product I can’t return and don’t like. However, if I do indeed love the game I may go out and purchase it for real or consider a buy on the sequel. Remember, most retail stores have a exchange-only policy once you’ve unwrapped the title (exchange for the SAME title that is.)

Rental outlets exist because they arrived to fill a demand to experience games, movies and entertainment on the cheap. The entertainment industry is full of great products and experiences but the wallet is limited in its ability to pay for said entertainment. Consider it a way to market your games to the masses and find more creative ways to draw them in and want to own it.

Market your potential sequels in the initial title, make gamers fall in love with the single player story and add a desire to purchase future titles. Give the gamer a behind-the-scenes movie in the game box or on the disc so they can feel a personal tie with the makers of the game and show them your crew is more than a simple logo; make gamers want to like your studio and share in the experience that went into making it. DVD’s have been doing this for years, what about games?

Don’t expect retail outlets and game players to feel bad for your inability to make money on your games. You made the decision to get into development so lie in the bed you made. It’s not fraud, it’s reality and consumers have been trading products for thousands of years, Craig’s List wouldn’t be where it is today if there wasn’t a constant demand for trading products to save a little cash.

(Thanks, 1up)

This weeks Gaming Podcast comes out a bit early due to some travel plans and an upcoming trip to Popcap’s Bejeweled Twist launch party. This week in the news we took a look at:

• Metal Gear Solid 4 may be coming to Xbox 360
• Ubisoft taking a page out of EA’s book
• Microsoft bringing the big name games to Xbox Live Arcade
• Little Big Planet recalled

We also take a look back at Pitfall! and cover yet another DRM issue on our soapbox, asking the question, is online gaming the DRM of the future? Our history segment does a bit of history on Popcap games.

Our NFS: Carbon and Saints Row contest has ended, the gang names are in, and we’re giving away the games to the winner. Next, we’re going to give away Project Gotham Racing 4.

Who needs DRM when you’ve got battle.net? Blizzard believes they can authenticate legitimate users by stopping pirates from playing Diablo 3 online using their network service Battle.net. They’re saying the system is more like Steam than like EA’s solution of lock down methods using SecuROM.

Blizzard has used Battle.Net to stop piracy and allow only privileged people to play online since it was launched in ’97. This system, still in place, allows them to reuse the copy protection scheme they’ve been using, successfully, in the past.

“If you wanna play online on Battle.net with other players you’re going to have to have a legitimate copy,” Pardo said in a BlizzCon interview. Battle.net, he says, has “saved us from a lot of the PC piracy that I think hurts a lot of other single-player-only games.” (kotaku)

Although this copy protection is highly reasonable, it seems as if much of Diablo 3′s strong points lay in the awesome storyline. Apparently Blizzard is willing to let pirates play single player, and presumably with friends, using pirated copies.

Although it doesn’t seem fair for pirates to play through a single player campaign for free, it sure beats being harrased with awful copy protection along with potential gamer backlash.

As most folks expected, Electronic Arts use of the SecuROM trojan install has sparked up a little class action lawsuit against the publisher. At first, EA thought they could just bump the total installs from three to five to make gamers happy, but they’re out for blood.

With an amazon rating of 1.5 stars and 2900+ ratings, it’s obvious that people are not happy with the security system used by Electronic Arts for this title. Forbes mentions how pirated the game has become since the DRM news went hot and pirates are touting to download it for free to make your “voice” heard. Legally, you can make your voice heard by setting up a class action lawsuit and so it begins!

“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.” (gamespot)

It seems everything boils down to the how EA went about protecting their assets. Nobody faults the publisher for trying to keep their products out of the hands of pirates. The pure fact that EA has chosen to install separate products that snoop on your operations and can malfunction your system is the hart hitting point. Rubbing it in worse, pirates had the game broken and free to download prior to the release of Spore in the US.

Although the license agreement will state the product uses a digital rights management technique, it fails to explain the details of the SecuROM’s stealth install and inability to remove itself without wiping the hard disk.

The suit accuses EA of “intentionally” hiding the fact Spore uses the SecurROM.

It turns out Electronic Art’s Spore has some digital rights management (DRM) under the hood that’s irking a few video game players. We use the term “few” lightly, as game players use their voices to be heard and let them ring loud! Taking a gander at Amazon.com’s listing of Spore and you’ll see 797 customer reviews with an average rating of 1-star.

What’s the problem with the DRM? It’s almost easier to ask what isn’t the problem with the DRM in Spore. First, it’s intrusive, install Spore more than three times and you’ll have to call Electronic Arts to have them re-activate the game. Are we renting games now?

To re-activate your game with one more additional install will require you to give proof of purchase, so the comments say and, pretty much, you’re assumed to be pirating the product immediately. That might be over-reacting, a bit, but not really much considering the limitations on the product.

What if the DRM solution goes wrong? What if the game cannot access the Internet upon installation? There are plenty of what-if scenarios one can play out when they find their precious $50.00 game is phoning home to protect itself from you and your habits.

“This caused EA to remove the requirement that the game authenticate online every ten days, changing it to authentication whenever new content was added to the title. Unfortunately, that doesn’t seem to be enough, and the limit on installations is what gamers are now finding most heinous. Review-bombing Amazon is a particularly nasty way of getting the point across as well; casual gamers who aren’t aware of this campaign may not bother to read the content of the reviews and only assume the game isn’t very good.” (arstechnica)

No doubt all the negative press will result in a full on revolt, having gamers who’ve not purchased the title ding it with a 1-star to prove a point, why not? How else shall we fight “the man” and their unholy DRM solutions.

Oddly enough, you can find the game pirated already across the Internet, what has this proven? The game was found on torrent sites before it’s release, already cracked. It’s said they’re using a Sony DRM solution, a known DRM solution, which means hackers whom have already cracked this protection before had it un-shelled in a matter of hours.

What did the DRM get Electronic Arts but a PR nightmare and a bunch of people stealing it off the Internet now that they know it’s already available? Lot’s of publicity for very little gain; imagine the reviews and comments had they chosen to go without a DRM solution and be a pioneer of future technological solutions.Sure, it would be on a torrent site within hours… but it was anyway.