yumari: There is nothing like beating a dead horse for the 10th time, but...

It's quite simple, DRM isn't subjective, it's quite well defined. DRM restricts the use of media, hardware and software to the use intended by the publisher/manufacturer. They manage what you can and can't do with your product after you obtained it.

For example, if I buy an real book, I can read it on the couch, on the toilet or in the park, or I could burn it, or make soup of it. Nobody cares. If I buy an electronic book, they restrict me to a certain device and/or software (the book can probably only be used on a specific/unique device and only by certain software). I'm not free to use it however I want, and the publisher actively controls the *use* of it by means of DRM. (and digital laws to the crazy extend that you might actually commit a crime if you do something with it that the publisher or manufacturer did not intend for you to do with it)

Say you'd buy a T-shirt, and every time you want to wear it you would have to ring up the store to get permission, or if you wear it inside out and write on it with a magic marker, you could be prosecuted and jailed because you violated it's intended use. Think that's crazy? well that's exactly where we are now with electronic devices (kindle, xbox, ps3 etc.) software and media. And that is why DRM, and some of the new digital rights laws are 'ebil'.

Gog doesn't restrict the use of the product, after you obtain it you can do with it what you want. Maybe what you do with it is or isn't allowed by gog, but they are not enforcing those rights digitally. (again, the use of the product isn't digitally controlled in any way by gog, many games with DRM do have their use restricted, you can't just use it whenever/however you want, those other companies control the use of your product, gog doesn't)

In that sense, from what I've read here, GG isn't really using DRM either, although you could argue that running the setup is 'using the software', and you could argue that that use is restricted and monitored... I might agree with that.


P.S.

DRM isn't copyright, copyright means a publisher or manufacturer has the sole right to make copies and/or distribute those copies (and other people do not). Copyright doesn't restrict the use of your product other than that it doesn't allow you to make copies of it (sometimes you are allowed to make copies, but not distribute them).

keeveek: GoG.com is DRM then.

Because you cannot SELL games you bought on GoG, you can't borrow them (you may share account but I doubt it's not violating the ToS)

etc. etc.

I would say that every digital distributor is a DRM by itself.]

But Gog dosn't use any copyprotection, which is huge advantage.

Barefoot_Monkey: You can do all those things. You don't have permission to, but GOG has nothing managing you to make sure that you do only what you are permitted. That's the crux. Nothing in yumari's definition describes GOG at all.

keeveek: But if you sell for example CD with game from GoG, no rights are transferred to the new owner. From legal point of view, such person buys something similar to pirated copy.

And you can't sell individual titles from gog. you may try to sell the whole account.

Orryyrro: No, no you cannot, you cannot sell the games as they are tied to an account. (to legally sell a piece of purchased software you must give to the new owner/destroy every copy you have access to, something which cannot be done without selling your account.)

SirPrimalform: I don't think Barefoot_Monkey meant selling them legally or transferring the rights, just pirating them and selling them for money. The fact that one can do that (and there's literally no mechanism to stop this) is pretty much the definition of DRM free.

EDIT:

Digital Rights Management is technology to restrict or control the access. Paraphrasing my earlier post here, but: not having the right to sell the games doesn't mean you don't have the ability to (illegally). Your right isn't being managed.

Orryyrro: But your ability to legally sell them is being managed, something that is a right of the purchaser in many countries.

There is a big difference in selling something and selling an illegal copy of something.

keeveek: To sell something means to LEGALLY TRANSFER RIGHT OF OWNERSHIP

when you're selling pirated copy to someone, you're not selling the game (because you have no right to do so), you're just selling the cd.

(ergo: stupid is the man who buys burnt copy of gog game)

SirPrimalform: I'm not arguing against the right to legally sell things, I'm just saying that this restriction isn't covered by the term DRM. There's no mechanism stopping you, just the TOS. A legal restriction isn't the same thing as a software/hardware restriction.

Orryyrro: Yes, there is a mechanism, the fact that the game is tied to an account. Yes, one could technically sell the account, but then again once can apply a crack to their game.

Orryyrro: Yes, there is a mechanism, the fact that the game is tied to an account. Yes, one could technically sell the account, but then again once can apply a crack to their game.

SirPrimalform: The game isn't tied to an account, the magical invisible license is. Everyone gets literally the same installer, it's in no way tied to the account. Steam would be an example of games tied to an account.

Again, I'm not attacking the right to resale (something I value), just saying that it's in no way, shape or form DRM. DRM is something that 'physically' (not really the right word, but hopefully you know what I meant) prevents you doing something. There is no DRM in the GOG games because there's nothing that stops the game working if you don't have the right to play it.

Coelocanth: The only thing tied to your account is the ability to DL the games from the GOG server.

Orryyrro: Which is a copy you have access to, which means you cannot physically sell the game without selling the account.

Again, there is a difference between legally selling something and illegally selling a copy of something, one of these things has a mechanism which prevents it on gog and one doesn't. Just because it's the illegal one that isn't controlled doesn't mean there is no DRM.