Those sound like things that need to be addressed in a class action lawsuit.
If they could have been returned for refund there would be no need for such a lawsuit. Why is it that software unlike anything else (even things that can be copied like music CDs and movie DVDs) can't be returned for refund in most areas?
The EULA format could use an update,
How about just reverting to copyright law rather than allowing software companies to write their own laws on the fly?
but the reasons for eligible return must be plainly spelled out to prevent people from playing the game and returning it when they are done or pirating a copy and getting their money back just by complaining that "It don't work right!". And what do you do about gifts that may have been bought months in advance? I really can't think of a way to insure this won't be abused so the "tough luck to you" clause is the only way they can protect themselves from this.
Why not just follow the same rules as other copyrighted materials? Again why is software different?
Actually I was thinking the OS should belong to the public, like the World Wide Web software that the inventor gave away free to facilitate business and growth. And boy did it work! Not the source code mind you, that would need a good guardian to oversee new development and issue updates. Some body or council would have to be created to handle that as I see it as another public utility.
It wasn't the software the Tim Berners-Lee gave us it was the concept and a specificaton for doing it. These laid the groundwork on which others built.
Similarly the POSIX specification helps create standards for Unix to adhere to so programs can move between Unix variants. The Linux Standards Base is doing the same now for Linux.
A set of standards for the OS so that games can be compatible across broad ranges of hardware is what is needed.
You refresh the standard only when hardware has progressed beyond the ability of the OS to use it properly. From what I've seen that's about every ten years or so. I don't count these forced OS changes by MS and Apple as necessary. They are designed simply for one thing: To make money.
Incremental adjustments can be made so long as they add features without changing those already present.
When a break happens the old edition software should still be kept available so that people can keep running old software.
Alternately make a standardized Game OS that machines can be configured to dual boot into. So long as the Game OS is compatible with your hardware you would be fine. The Game OS could also be made to run inside a virtual machine. It could even come with testing software to make sure your machine was rated to run the software you wanted to buy. Of course the games companies would all have to agree.
That really isn't such a bad idea. Of course a more homogenized programing environment makes hacking that much easier. Mandatory demos might be a better course.
A more homogenzied environment? Like the current Windows monoculture for example?
It could be designed to run off of media that it and programs under it are blocked from writing to.
Imagine a dual boot system. The game OS and games installed on an SD card (or some future equivalent) running from there in an SD slot that has the ability to write to the SD card deleted and saving to another card in a standard SD slot. To install a game you boot another OS (Windows. Mac, Linux or a specialist system) that reads a text file from the game media and follows standard rules to copy the game to the SD card (which is moved to the rewritable SD slot for this then moved back to the OS SD slot to boot from it and play the game). (Alternately you could have a button that enables/disables the write feature on the drive and design the Game OS not to boot or operate with the rewrite function turned on).
You could have separate SD cards for each person using the system or for each game ($$ available of course). As the cards get cheaper this becomes more practical. You could even have the BIOS disable hard drives when the Game OS is booted from so the Game OS can't be used to attack the HD if it is breached.
This way breaching the Game OS does little for you as only the Game save SD card can be infected and it would be used to store data only.
Now imagine if Sony or Nintendo were to make a computer that performed all the basic features of a home computer but could also hook to a TV and boot off a Game OS as discussed here. Two SD card readers a DVD (optionally bluray) player and room for an optional HD if people want to install Windows. Have it delivered with OS (Linux) and software for E-Mail, Web Browsing and an office suite on one card and the Game OS on another. With backups on a CD for installing on new cards as needed or desired. In Europe at least they might avoid the taxes they now pay on game console as it would be marketed and sold as being both equally. Without the HD or Windows license it should be possible to build such a system for prices comparable to current consoles. Ideally the Game OS would have an open specification so others could clone it and do the same. A customized Linux Kernel with a "Game environment" mounted on top would reduce development costs.
Have you seen anythig about the
eeeBox from Asus? I imagine something like it could be adapted to use a Game OS in the manner I described above. Even some of the eeePC netbooks (and clones) should be adaptable to such an idea for a version that is both a portable and hooked to a TV, a games console or computer as desired in either portable or hard connected modes.