EA is betting that this is a temporary concern from a small minority of their customers. And as statistically accurate as that may be, they are a very vocal bunch: presently still outraged on the forums, still encouraging a whole new population of pirates (who otherwise would have been paying customers) and even using user created content to protest in-game. The company also stated that less than 1% of users would ever meet or wish to exceed the three install limit, but gamers read that statement to say that all of this trouble that paying customers were going through was for less than 1%.

It's also worth noting that the game was cracked several days prior to street and widely available on the P2P sites. It's just that it didn't gain the visibility and subsequent popularity until it shipped and the DRM became such an issue.

One morsel of good news for EA's consumers came in the announcement that the next game to ship with SecuROM, Red Alert 3, will have a more permissive five installs – news that didn't have the desired effect of placating gamers.

It seems that the Mexican standoff only has one of several ways to end, with the two most obvious being gamers backing down and accepting their newly marginalized rights or EA backing down and releasing a patch which increases the number of installs. If it's the latter, it really only serves as a Band-Aid on a bullet hole. The damage is done and the delay in responding has been significant.

The debate here isn't, assuredly, about piracy. This DRM did nothing to combat the cracking of the game. In fact, it essentially helped in training legions of customers how to become pirates and legitimized their rationalization in the process. With each additional negative story – which seem to be released hourly – you can almost hear the collective cringing of anti-piracy executives who know that they have all been forced to take a giant leap backwards due to this fiasco.

While we haven't yet heard of any formal class action lawsuits or investigations into bait-and-switch, it really can't be too far off. Here's hoping that EA does the right thing and makes amends with their customers before it gets much worse.

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Hal Halpin is the president of the Entertainment Consumers Association (ECA).