This week features a long podcast, as there’s a ton of news to report. Jonah tries air quotes on a pure audio podcast, while Paul refuses to believe The Legend of Zelda: Skyword Sword failed to hit the top 10 in software sales.

In addition, the Gaming Flashback checks out the JRPG Ys.

This week’s news includes:

• Ubisoft polling gamers for next Assassin’s Creed setting
• Electronic Arts bans a user for saying “badass”
• Newell: Piracy is “almost always a service problem” and not price, DRM agitates
• Christwire makes mock petition asking Pres. Obama ban Skyrim
• Holiday shopping madness sees woman pepper spraying for 360
• Microsoft refunds victims of Marketplace phishing scam

All this, and a bunch of reader feedback, as well as the Question of the Week: “Did you buy videogames as holiday gifts for friends and family?” Let us know.

This week is a short podcast, since there’s no Gaming Flashback or Gaming History, but there was some important news in the past few days that caught our eyes. We’re also giving away a free copy of Duke Nukem Forever for the Xbox 360.

The news items include:

• California videogame law ruled unconstitutional
• LulzSec ends its hacking spree
• Molyneux: We didn’t have enough time for Fable 3
• Star Wars Galaxies shutting down in December
• Duke Nukem will continue
• Microsoft says Xbox 360 halfway through lifecycle, Kinect added adrenaline

How can you win a copy of Duke Nukem Forever for the Xbox 360? Answer the Question of the Week, What kind of food and drink to you eat while gaming? US residents eligible only.

This week we’re flashing back to Grim Fandango and looking back at developer Steve Meretzky and his destruction of our lives in the social gaming space.

We’ve got other news this week which includes:

• Activision Kills Guitar Hero
• Blizzard Wants to Release Diablo III This Year
• Crysis 2 and Killzone 3 Leaked On BitTorrent
• CliffyB On Why Gears Is Still a 360 Exclusive
• Ensemble Studios Founder: Age of Empires III a “Huge Mistake“

The question of the week is: How many hours do you devote to video games, including social networking games?

Just last week in our gaming podcast we were talking about how Gears of War 2 wasn’t going to make a PC debut because it has a bit of a problem with piracy. We were afraid this movement was going to cause game developers and publishers to stick with console’s “big can of DRM” over the PC for many future releases.

Turns out, Fallout 3 was stolen before it was announced as finished and has begun to show up on torrents around the Internet. This, of course, has lead folks to believe the leak took place at the manufacturing plant given the obvious circumstances behind the event. Sure, the title could have been leaked at the developers studio, but who would want to cause their products sales to suffer? Perhaps a hacker broke into the studio and stole the raw images?

There are plenty of possibilities, but the fact of the matter is this is the “DRM” console version of the game. It has been stolen and downloaded by thousands of people who are going to actually take the time to make it work on their ‘tweaked’ console. Just when we said “it’s too hard to hack the Xbox 360 and its games,” some pirate comes out and does it!

While the pirates set sea with the glorious booty that is Fallout 3, Bethesda’s staying hush about the incident for now. In odd timing, Ubisoft came out, prior to this event, talking in respect to Tom Clancy EndWar saying:

“To be honest, if PC wasn’t pirated to hell and back, there’d probably be a PC version coming out the same day as the other two.” (gamasutra)

Perhaps, the pirates want to bring some attention to the console market in terms of piracy so developers continue to produce PC titles? If nobody is safe, there will be no one safe-haven console to run to when pirates are stealing “potential sales.”

One of the greatest things Nintendo has done was allowing the DS to be unlocked for regions. This allowed gamers around the world to share their favorite games from all cultures and countries with just a click of the “buy” button at an online store.

The DSi loses this great freedom by locking it down to a region. “Nintendo DS software is region free so you can play any DS software on DSi from any region. You can also browse the internet on your DSi wherever you are in the world and exchange your photos with friends from around the world,” says Nintendo (CVG).

Much like the US Entertainment Industries need to lock down everything and contribute to global piracy, Nintendo follows suit with their hand-helds, tis a sad day indeed. Of course Nintendo reasons it all away by yelling parental controls and making it easier for regions to access their own content.

“DSi is region locked because DSi embeds net communication functionality within itself and we are intending to provide net services specifically tailored for each region. Also because we are including parental control functionality for Nintendo DSi and each region has its unique age limit.”

Specifically tailored for each region is a nice way of saying that each region has to pay the penalty of not being “first” (second, or third) to get some cool new features. Although Nintendo could put emphasis on the region the gamer lives in with complete access out of those bounds if they wanted, they’ve chosen to use this as a crutch to lock users out of content.

Users will get their content, of course. It just means more home brews, software hacks, hardware hacks and workarounds for the system. If that’s what Nintendo is trying to inspire, then they’ve done their job right.

However, wouldn’t it be great if they could just come out and say “we don’t want certain people accessing specific content until we say you can.”

The last few weeks we’ve often brought up, on the gaming podcast, our reasons behind why Gears of War 2 wouldn’t be a PC title and only an Xbox 360. Our theory was more of a marketing tactic, assuming there would be no PC version because Microsoft wants to focus the attention of their big titles to the Xbox 360 as it’s a real gaming platform and they want more attention on it.  We might have been wrong.

In a recent interview, IGN asked Epic’s Cliff Bleszinski some pointed questions about the PC release. Like us, everyone has been questioning the move to NOT release Gears of War 2 on the PC especially considering the first game made a PC debut and Epic has always been a big PC developer. Turns out, Epic is utilizing the Xbox 360 as a nice big can of DRM.

“Here’s the problem right now; the person who is savvy enough to want to have a good PC to upgrade their video card, is a person who is savvy enough to know bit torrent to know all the elements so they can pirate software.” (ign)

Following this answer he confirmed with a definitive no that we won’t see GoW2 on the PC. Of course, they also underscore the fact that the PC can have a wild array of hardware chipsets for video cards and catering to the masses with compatibility is pretty much a nightmare. A system with great DRM and a closed hardware platform is hard to pass up.

If Epic is going to take this route, will we see other major PC developers take the same road? Had the Xbox 360 been a failure, developers would continue to rely on the PC as their platform of choice for many franchises. Now, with the 360 vibrant and popular, developers are able to build a closed platform game with a high degree of safety against piracy.

Although pirates can produce hacked 360 games, it’s not nearly as easy to get them, create them and make them work on a stock Xbox 360 console. It’s not about making it impossible to pirate, it’s about making it hard enough that gamers will justify purchasing over the work of making the game function on their 360.

If I were a die-hard PC gamer, I’d be afraid of this movement. You’re running bleeding edge hardware that developers are afraid to take advantage of because you might just push the game to a torrent site. And, why would they cater to the bleeding edge customers when all the others don’t have hardware strong enough to play the game.

The chipset excuse seems a bit weak, we’ve always had hardware that’s been good and hardware that’s been old and crusty yet developers do their best to try to accomodate the middle end and high end systems leaving the “System Requirements” specifications on the box to do the rest. Are they just making excuses so they can protect the integrity of their game from would-be pirates?