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Sony's Triumphant Night

Why embracing consumer rights has thrust the PlayStation 4 ahead in the early stages of the next-generation console war.

3958 Comments
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A cheer erupted through the GameSpot war room. The topic of so many raging debates the last month--strict digital rights management, Internet requirements, used game sales--had pitted Microsoft clearly against the consumer. Team Xbox seemingly took every opportunity to punish their loyal customers, and those who were scared of having such tight restrictions on all of their gaming systems were terrified that Sony would follow suit. And then, with just a few words, all of those fears were eliminated. Sony proved that abject greed is not a curse that all companies are afflicted with. By saying no to the used game restrictions and always-online that Microsoft is so happily implementing on the Xbox One, Sony has elevated the PlayStation 4 as the console to grab this holiday season.

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This is not a small issue. Consumers have been seeing their rights slowly siphoned away as companies have realized that our weakness for entertainment has caused us to accept even unsavory policies. We've complained on message boards that online passes are an unfair punishment for used game buyers. We've cried out on twitter that downloadable content often feels like pieces of the game have been removed from the core experience and then sold for a high price later on. We've stomached season passes that urge us to shell out money for content that hasn't even been announced. And through it all, we still bought games, because we love losing ourselves in digital entertainment for a few hours.

When Microsoft hinted that they would enact draconian policies on the Xbox One, it was clear that they had finally crossed the line. An Internet-wide campaign was created to pester Sony executives to do everything in their power to avoid a similar mistake on the PlayStation 4. This topic united players together into a rabid army intent on having their voices heard. We would not be shut out. We would not be shut up. And we would not relent. Loud and long we yelled for weeks, making sure that Sony understood the power of those who pay their bills. We had consented to the gaming companies' demands for too long. Our rights would not be taken away.

Microsoft is trying to change the definition of ownership on the Xbox One and it's failing miserably. Purchasing a physical product is not the same as a digital download. Microsoft is taking advantage of the technology inherent to video games because they can, but that doesn't make it right. Contrary to what those in Redmond claim, once we buy a game, we own it, and we can do what we want with it. Whether we resell it to a willing retailer, lend it indefinitely to a friend, or keep it in our permanent collection is our choice and ours alone.

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We will not be punished for the sins committed by so many companies. The industry has been losing money the last few years, but that dip into the red is not because we have the freedom to buy and sell whatever game we desire. No, it's the reckless spending so many companies are guilty of, pouring millions upon millions of dollars into a budget when there is no chance the market will buy enough copies to support that investment. It's the deluge of soulless sequels that have been churned out and die on the shelf because consumers can see through their brown and grey façade. We are not the cause of these problems and should not be punished for them. Microsoft hasn't learned this simple rule. Sony has. And that's the biggest difference heading into the next generation.

The most important thing we should take with us is that our voice is important. We screamed and yelled and Sony listened. But the fight is not over yet. We need to continue to voice our dissent whenever publishers attempt to take away our consumer rights without offering any benefits in return. Remember always that these companies are nothing without our money funding them, so we ultimately have the power over their every action. If we don't like something, let them know, because the smart companies will listen to those that pay the bills. Today has been both a great and terrible day for the industry. Sony has proven that not every company has a dark side, but Microsoft's descent into anti-consumerism is a sad setback for those who have enjoyed their consoles for so long.

'

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Wansomoore

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I fail to understand why Sony "won" E3. Where are their exclusives they claimed to be announcing? What progressive features does it have that developers will be able to experiment with? How often is your internet out for more than 24 hours? Did I miss something or did Call of Duty not become the #1 selling franchise because of it's ONLINE MULTIPLAYER? Aren't most single player games becoming Co-op because that's what people requested? Who is so cheap that they refuse to pay an extra $100 dollars (not even two shifts at a minimum wage job) for something that is going to last 8+ years? And if you can't afford that extra $100, you should be getting your priorities straight, and not be dropping hundreds of dollars on a gaming console. How is supporting the limitation of used games a negative feature (even though Microsoft won't be enforcing this as mandatory and Sony is doing the same thing)? Doesn't buying new games help the developers and not the retailers? Doesn't supporting the developers allow for more innovation because they have more money to work with? Is mobile gaming (iOS, Android, etc.) not taking over the market because console gaming is becoming stale due to the fact third party publishers are too afraid to take risks and publish new IPs? Isn't sharing your games over a cloud better than having to give your friend a hard copy? Who doesn't want a better ergonomically designed controller where the movement control stick is in the proper location and the d-pad is in the secondary location because it's functions are always secondary? Who would want to use voice commands to operate their console, or character, or army, or anything? Microsoft is clearly planning for the future and Sony is stuck in the present day.

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JKeyz90

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Edited By JKeyz90

@Wansomoore THANK YOU AMEN SOMEBODY SAID IT RIGHT GEEEEEEESSSSH!!!!!!! this needs to copy and pasted damnit

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justnick404

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@Wansomoore Sony didn't win. Microsoft just lost.

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Wansomoore

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@justnick404 @Wansomoore thanks for the vague comment, said no one ever.

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oo7superdave

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@Wansomoore LMAO i hope you are tolling. microsoft is telling the consumer what is best for them and not listening at all. They require an internet connection and require the use of kincet these are things that should be optional. They should have learned the first time when the kinect didn't sell very well and the software for it didn't sell at all. Instead they tried to force it on its consumer which drove up the price of the system and turned gamers off by having to purchase one and have it always on. The funny thing is the used games is low on my list of reasons why i am jumping ship to ps4. The kinect is the #1 reason thank microsoft I've had xbox live for over 10 years. it will be sad when i finally cancel it

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renger6002

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Edited By renger6002

@oo7superdave @Wansomoore

You can turn Kinect off... get your facts straight.

http://ca.ign.com/wikis/xbox-one/Xbox_One_Kinect

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oo7superdave

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@renger6002 @oo7superdave @Wansomoore really...then why can't you just unplug it altogether why does it need to be plugged in??? they have already said that it needs to be plugged to the xbox one so if can be turned off then that doesn't add up

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oo7superdave

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@renger6002 @oo7superdave @Wansomoore LOL are you joking if is can be turned completely off the why does it have to be connected all why can you just unplug the thing altogether. They have already said it needs to be plugged in for the xbox one to function doesn't add up

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Wansomoore

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@oo7superdave @Wansomoore So Apple doesn't do this and they don't have the most successful cell phone line? I never stated Kinect was succesful, yet it shows potential. The made many improvements that look promising. Since every X1 owner will have one, developers will rest easy knowing innovative Kinect features will not go unused. Lastly, if gaming is your passion $100 is effectively meaningless. Experience and memories is more valuable than money. But most people are too shallow to understand this concept, hence everybody's absurd reactions.'

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CampyBear

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Edited By CampyBear

@oo7superdave @Wansomoore Kinect never sold well because there weren't any titles that made people want to buy it. There weren't any titles because there wasn't a big enough market for developers to put that many resources in to developing games for it. If there isn't an Xbox out there that doesn't have it, then the games will have kinect. It's an awesome technology and I for one am excited to see where developers take it

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pedershk

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@oo7superdave @Wansomoore Then turn in your PC and your smartphone. If you hate always-online internet so much, why just don't go live in a cave. Seriously. This dicussion has gone completely out of hand.

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dante_gunslinge

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@Wansomoore why the hell i'll be needing an 24hr internet connection to play a Game. It's my game it's my consol..why i should be authenticating a game on internet for playing it. I know online multiplayer is fun, but why there is a compulsion of internet on the gamers. No matter how big he multi player is, most of the people buy games only for its unique single-player experience.

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Wansomoore

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@dante_gunslinge @Wansomoore the reason its needs to be authenticated is because you will no longer need the physical copy to play the game. This is progress, not regression. You will be able to share games with your xbl friends without having to give them a copy. For instance, I have a friend living in chicago and I will be able to lend him a game simply over the cloud. The only way to monitor this is, is an online check. God, people are literally just unintelligent.

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dante_gunslinge

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"XBOX1! Newest punch line - The all-in-ONE crap you don't give a damn-about.

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chucknorris86

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@dante_gunslinge well , I do...

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dante_gunslinge

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I love PS since when i was a kid.......thanks TOM for making the nextgen choice even more easier :)

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tclvis

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Trading games is better than having to dust them or putting them in a landfill, first off. And I just cannot tolerate being dictated to by Microsoft how and when I can play my games, however I bought them. If I'm just renting a game from Microsoft, $60 is a bit steep for a rental. On the practical side--and I do love my 360--our internet isn't always terrific. Last month, ATT knocked us out for three days while they fixed 911 first due to a software issue. The Xbox One would have locked me out until ATT got its act together, leaving me with a $500 brick. And even my mom doesn't need me to check in every day, so why does Microsoft?

One hopes that the suits in Redmond will pay attention to the world outside their headquarters with the great connectivity and realize that their current vision is impractical and unpalatable for the rest of us. I guess, as Mr. Mattrick suggested to people with independence, I will take a pass and stick with my 360. Or go read a book.

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GamingDreamz

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Edited By GamingDreamz

@tclvis i agree with u 100% i dnt need them to tell me wen to play my games and if the power goes out for a day i got locked out....gonna stick wit the 360 and then maybe grab the ps4 and then maybe just maybe get the xbox 1...ps great profile pic lol

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pallidorus

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Hmm I guess Gamespot didn't want to get a nasty letter from Sony saying they reviewed their console wrong like when Lair came out. http://www.joystiq.com/2007/09/07/sony-sends-out-lair-reviewers-guide-must-not-laugh/

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dentedhalo

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At this stage the question is just how long it will take Microsoft to take the road to u-turns ville and follow Sony... I'm an avid Xbox fan and haven't ever really warmed to the PlayStation but even I can see just how damaging this will be to Microsoft if they don't back down... I myself will be delaying buying the new console until next Christmas at the earliest right now.

I think ultimately they will either back down before release if they have any sense whatsoever but, if they do stick to their guns, poor sales will eventually force them to change... this isn't a question of if, its a question of when... for the sake of Xbox fans all over I really hope that they do it sooner rather than later.

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northArrow

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@dentedhalo I love my 360, and to this day I would still prefer to buy another Xbox, but I will definitely not buy one with the current restrictions in place. They need to remove the mandatory Kinect and online check in as well as remove the hoops I need to jump through in order to share a game with a friend. It's not too late for them to win me back but they've got some work to do

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pallidorus

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@dentedhalo the "mandatory" kinect can be turned off and is only required for some games. The reason they are including one with every system is so developers are not scared to add kinect features to games and to not think they are alienating non kinect users.

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VicariousWolf88

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@dentedhalo I agree. I think when they see how many of who they thought of as loyal fans so quickly leave them they will change their ways.. theres no possible way they havent seen the possibly millions of comments of fans leaving them.

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FighterforJC

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The million dollar question is, which console will die first; the Xbox One or the Wii U?

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LeFeverBeaver

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While I will probably not be getting the XB1, just to play the devil's advocate, it's not entirely unreasonable to expect your fanbase to have internet access and be able to connect at least once every 24hrs. I mean, if you think about it, if you can afford the XB1, chances are you either have or can afford internet (and lets be honest; high-speed, always-on internet is near ubiquitous) and if for some reason your internet gets turned off, you probably have bigger issues than playing your Xbox (like the apocalypse or the Cylons are attacking) - almost everyone I know who is a gamer will eat ramen and cut out nearly every expense before they give up their internet connection. SO; while MS's policies are indeed draconian and greed-inspired, they're not really asking for anything you're not already likely able to give (as far as the internet connectivity thing goes). I'm not crazy about their used games policy. I'm happy PS4 is gonna be cool about that. Just my 2 cents. Nice article, Tom.

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Darthexodus

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Also if we cast our minds back to when the play station network went down for a couple of weeks if the same was to happen to the xb1 would we have to hang up our controllers until the problems are rectified? It's seems impossible for it to happen and I'm sure there would be more stringent safeguards in place but it'd still a possibility

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EvanescentCrow

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Edited By EvanescentCrow

@LeFeverBeaver Yes, a lot of people have internet access, and by that logic "it's not like Mixrosoft is asking for something I don't already have". But I also have blood. My body if filled with the stuff. Should the next console generation ask me to make a small cut on my finger so I can donate a drop of blood every 24h?

Your reasoning fails. Just because you "can" is no excuse to make it a "must". There's no reason to implement these measures except to go further into the pockets of legitimate consumers - yes, because the anti-piracy excuse is also false, the chips that bypass the console's ability to access MS servers already exist inside thousands of 360s and cracking games to bypass security checks is a pirate's everyday job.

This doesn't stop piracy or does any good to anyone other than increase the potential profit of the company that implements it, and the people who pay the price (quite literally) are the legitimate consumers.

Fighting these measures is not a matter of being poor or cheap (like some misinformed idiots have suggested), but a matter of principle. The consumer has rights, and should not relinquish them just because the situation doesn't "bother" him/her personally. Every one of us is sending the companies a message of what's right or wrong.

I probably have more money than most people I know, but I can assure I won't spend a single cent on a Microsoft product out of sheer will. It's when enough people decide to do the same that the companies start taking notice.

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LeFeverBeaver

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@EvanescentCrow Two quick things; first of all, yes, my reasoning fails because MS's position is indefensible (despite my attempts at playing devil's advocate) - you might have missed where I was not ACTUALLY defending them :) and second, I have to respectfully say that you're wrong: the consumer does not have "rights." I mean, we have the rights guaranteed us by the constitution, and in general the rights to defend ourselves (or sue) in court if we have been the recipients of an actual legal/criminal injustice as interpreted by US law, but we vote our "rights" (as you mean them to be) away every time we willingly (read: gladly) buy from a company that restricts them. As gamers, we have privileges - the privilege to buy and the privilege to not buy; which we allow the game/software/hardware developers and retailers to curtail every time they feel like they might not be making as big of a profit as they otherwise could have.

Other than those two observations, you're absolutely spot on in your assessment.

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Wazuli

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@LeFeverBeaver Well, I'm a student, and I dare say I'm pretty well off for a student, I live in the UK, but I'm tethering my phone for internet, it's not a great solution, but it works for me and It's cheap, if I need to DL big files I go to a cafe and get it done there, I've been a loyal MS customer ever since I learned how to type on a PC, I adore the 360, one of the best consoles if you ask me, but the one? The campaign, the restrictions. everything about it is just wrong, you shouldn't have to check in, you bought the console, you bought the game, after that, MS needs to keep their nose away from the console.


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dentedhalo

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Edited By dentedhalo

@Wazuli @LeFeverBeaver I agree entirely... I like you have been a loyal fan for years and want to be a fan of the XB1 as well. I don't tend to buy used games or trade in old ones and my 360 is connected tot internet all the time already so this is likely to have a minimal impact on me but that's been my choice and should continue to be... there is no good reason for regular internet check on a console and this above all cannot be justified. I can see a certain argument for used games but that falls down as well when you consider that game developers could simply make better games and stop releasing dross instead of punishing loyal gamers like you and me for disaster releases that they really could have seen coming a mile away.

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Mendax2013

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@LeFeverBeaver last i heard there were 34 million unique active live accounts, while there are 77 million 360s sold. a lot of those are replacements, but still there are tens of millions who cannot or do not want to be online when gaming. xbone is trash and is saying "screw you" to a lot of gamers.

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LeFeverBeaver

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@Mendax2013 @LeFeverBeaver You're definitely right in the last statement :) I think your numbers are misleading though because (a) I'm on my 2nd Xbox and I'm sure many people are on 2nd, 3rd, 4th, etc, (b) not everyone creates a Live account because you really only need it to play online (which I don't really do), (c) what does "active" mean, and (d & e) I think "tens of millions" is a bit of an exaggeration and of those, how many really care if their unit is online or not? I suspect there are many like myself who have it online to update games, browse the XBLA every now and again, stream music, Netflix etc.; essentially it's online, whether I use it's online connectivity or not. It is, as you say, saying "screw you" to the gamers by REQUIRING It. It's just like if someone made me give them a nickel every time I used the bathroom - sure, I could afford it - it's really not gonna hurt me or make me go broke, but it would be a huge annoyance and out of principle there's no reason I should HAVE to pay them.

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FighterforJC

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@LeFeverBeaver @Mendax2013 MS is so full of crap that if they had to pay a nickel every time they went to the bathroom, they WILL go broke. lol.

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Edited By Wazuli

Yeah... getting one of these. MS decided to screw them selves over, don't really care for any of the exclusives they showcased, the drm 24-hour check in is baaaad m'kay, resale restrictions? Sony might not be as "edgy" as MS, but in this case they know how to please the consumers, and at the end of the day, that's all that really matters. Cheaper, better hardware, no restrictions, I can't complain.

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steelmouth

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Edited By steelmouth

@paladin1459 dude slow down that's way too long

Edit: just saw the "Whatever" at the end so never mind

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xSector7Gx

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Right on Tom. Couldnt have said it better. Not sure what MS has to gain here, except to alienate and otherwise piss off its consumer base. PS4...bring it on!

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steelmouth

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Well said and I respect your opinion and am with you but maybe its you who have to listen, MS have said their piece LOUD AND CLEAR and it looks like they sticking to it, the good news here is that you have the last word which will be silent but very felt at retail

We all know how loud we are about COD online yet at retail we say something else

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blue_shift_91

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Edited By blue_shift_91

ok, that's great for sony and everything, but am i seriously the only one here who thinks that they are receiving a stupid amount of praise for doing nothing?

microsoft is stumbling in a controversial direction, but damn...at least they're trying to do SOMETHING. sony states, "we're not doing that thing that MS is doing," and everyone goes crazy like it's some groundbreaking stance that's supposed to be adequately innovative for next gen. suddenly, everyone thinks sony is some benevolent company that actually gives a sh*t about consumer rights, ignores their horrible PR and consistency in the last several months, and forgets about the lack of exclusives or newly required PS+ fee for online gaming. what happened to standards?

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LeFeverBeaver

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@blue_shift_91 In evil days, the least evil person is holy :) ... Or wait... the enemy of my enemy is my friend... I'm sure some colloquialism is appropriate here, but the bottom line is that you're right. All they have to do is not be as F***'d up as MS and they win the popular vote. Just wish Forza wasn't a XB exclusive lol

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stabester

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@blue_shift_91

But if you don't have to do anything to receive praise then who are the stupid ones? People will go with what is right for them now, not what happened previously, I have both consoles but will be going for the PS4 only this time around and from what I have heard from staunch xbox only friends they will be switching sides this time as well.

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blue_shift_91

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@stabester @blue_shift_91

the stupid ones are the people praising, OBVIOUSLY. it's our money. we btch and moan about getting ripped off all the damn time. and now we are happily forking over another sack of cash for basically the same thing with new components and fees.

MS deserves the scorn, but Sony definitely does not deserve the praise. being satisfied that Sony wants to make you pay another $399-??? (they haven't even gotten their sh*t together enough to finalize the pricing or design) for a revamped ps3 is pretty damn insulting. but people have the attention span of hamsters.

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stabester

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@blue_shift_91 @stabester

I agree with your comments, I don't think however it's about giving extra points, more a case of not giving minus points which has been the case with MS, I think some of the game changers that MS have brought to the table have been unwanted, yes Sony could have brought alternatives which is a disappointment but at this moment in time Sony seems the lesser of the 2 evils IMO.

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blue_shift_91

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@stabester @blue_shift_91

microsoft is gonna do whatever it's gonna do. whether or not that works out for them is yet to be seen, but at the very least they have determined a direction to take. if it doesn't work out for them, then they'll change things up again. that's just how a business survives, and they know it. the sub par success of the ps3 humiliated sony, but even they've shown it's possible to redeem themselves (even though the niceties of the ps4 are based on market approach, not their capacity to embrace their consumers with love and devotion and rainbows).

yes they are all revamps, but they should also be game changers. as consumers, we should all want our money's worth. you should EXPECT to see at least some significant stride in innovation with each generation (disc-based gaming to online gaming to blu-ray to motion sensor integration, and etc). not "hope" for it, and then happily shell out 400+ bucks because it turns out you either suck with money or you're a fanboy.

in my opinion, only an idiot would give "extra points" to sony for its bragging to do what we can ALREADY do with current gen (sell games, play without internet, blah blah).


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stabester

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@blue_shift_91 @stabester

But aren't all consoles revamped versions of the one before? More power, better graphics, the odd new feature here and there? I will get the PS4 when I can afford it because I enjoy playing games, if I lived in North America and was interested in the NFL I would go for the XO. If Sony suddenly increased the price point on release then people would think twice but as things stand I believe that MS will rue the restrictions they have placed on their next gen console.

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stabester

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I am a little confused regarding the 24hr check in, if I go away on holiday and unplug my xboxone (Not that I will be getting one) and it can't check in what does that mean to me when I return and plug it in again? Does this have no effect as it just will check in when I plug it in and can then play again?

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steelmouth

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@stabester from my understanding it have no effect, checking in just allow you to play games for the next 24 hours

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stabester

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@steelmouth @stabester

Many thanks, as I suspected. Still won't be getting one though:)

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tightwad34

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Consumer rights. Does that mean anything to you MS? We want to control what we spend our hard earned $ on. We want to sell or lend our own games as we please. That is the tipping point, to me at least.

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tdkmillsy

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@BatamanMaster There's not telling some people.

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tdkmillsy

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@paladin1459 I read it, you took the time to write something that wasn't complete BS and was on the money as far I'm concerned. Totally agree.

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svenjl

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Edited By svenjl

Who gives a flying fruitcake about SLAs?! I believe Tom's arguing on principle, and with Sony's announcments we as gamers have a clear choice when it comes to consoles in relation to used games and console mandated DRM. I will not buy an Xbone because of this, even though I love my 360. MS didn't "clear up their stance", Sony cleared it up FOR THEM. And a fine job they did too, I say. I can forego Forza and Halo, the only exclusives I cared about. In fact, I might pony up for a cheap PS3 just for The Last of Us and GT6!

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neo_anomaly

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@svenjl I posted this elsewhere but just want to clear it to people who are confused.
And just so you know, Shuehi Yoshida has clarified on IGN that they won't have any DRM for Single Player games, even for 3rd Party(took Arkham Origins as an example).

He also said that 20 exclusives were coming to PS4. Out of which 11 are new IPs.

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MirkoS77

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"Consumers have been seeing their rights slowly siphoned away as companies have realized that our weakness for entertainment has caused us to accept even unsavory policies."

This is so on the money it's not even funny. Many people don't care because they view videogames as just entertainment. It shouldn't matter. Kudos to GS for saying this.

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FighterforJC

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Interesting. My comment regarding the Trojan Horse nature of the Xbox One got deleted. Again it is a means of monitoring your gameplay style and tendencies so that the government can profile you as a terrorist or a sociopath based on what you do in a game and based on what type of games you play. The "always on" Kinect will also monitor your household without you knowing. You may think it's off, but it is always on.

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pallidorus

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@FighterforJC LOL go back to your survival bunker, the kinect can be turned off, do your research. Read MS's faq on the xbox one features before shouting conspiracy theories.

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tdkmillsy

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@FighterforJC Get a grip man, cameras are every where. New style TV's, tablets and mobile phones have them. Its a peripheral to console not a spying device. Since when are Microsoft working with the government on the console creation.

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FighterforJC

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@paladin1459 The kinect can look "off" to consumers. It will be always on nonetheless.

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Butt_Chunx

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Edited By Butt_Chunx

@paladin1459 Too Long, Didn't Read.

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mhj0808

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Edited By mhj0808

@paladin1459 Jeez, how long did take typing THAT? Are you trying to break our eyes?

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carbonFibreOpti

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Edited By carbonFibreOpti

@paladin1459 @lowerclassbrat7 This was basically my point somewhere way down the comment roll. Microsoft is in NO way forcing the DRM on their console. Publishers REQUESTED that it be there at a hardware level just in case they needed it, as on the 360 it was mostly software level and circumvented with mods (exclusively for piracy). Microsoft beefed up and made a more foolproof version of what already existed, then listened to requests like being able to restrict trades and lend-outs.

Sony is no different though, having already passively confirmed that they have a similar system in place. The difference? It's off by default on PS4, and on by default on XB1. Does it matter? No, because a publisher can choose to enable the DRM on a PS4 game and disable it on an XB1 game. In fact, Microsoft even said officially that the DRM can be fine-grain tuned by the publisher; you might be able to lend out a game all you want but CAN'T sell it to a store and still need the 24 hr. check-ins. Another might let you get away with absolutely no check-ins but you can't lend it out or resell it ever. Again, it's the publishers' faults and not Microsoft's. They're just letting Microsoft take the public blame.

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svenjl

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Fan boys much?

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