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by kmeisthax 1423 days ago
Geforce Now was probably the most consumer-friendly version of game streaming possible and every game publisher shat their pants and blocked it. Hell, even some indie developers blocked it. From a user perspective it's equivalent to renting an EC2 instance and installing Parsec and Steam on it, just automated. But the publishers looked at it like Nvidia had stolen their games to make their own bootleg streaming service.

The only reason why this didn't happen with Xcloud is that Microsoft already had pre-existing agreements that covered all the games on consoles. But that's moreso a testament to how much monopoly power platform owners have rather than Xbox developers being more consumer friendly.

The general principle that copyright owners have is "any time our work winds up on a new medium, we should get paid". This is the reason why game publishers won't help you port licenses out of failing platforms and successful platforms won't let publishers port them in[0]. Nobody wants license portability for game purchases. Why have that when we can charge people to buy a new one!? Sideloading? Emulators?! That's just piracy with extra steps!

The actual law doesn't support their level of copyright maximalism:

* RIAA v. Diamond supports a right of consumer format shifting (and also carved a huge hole into the AHRA DRM mandate in the process)

* Sony v. Connectix supports the legality of game emulation, including non-clean-room reimplementation of necessary system software to run games

The only reason why they are even remotely able to insist that ownership ends with the licensing platform is that the Copyright Office is afraid of adding DMCA 1201 exceptions for format shifting.

[0] Valve is one of the few exceptions; they will let their partner developers generate unlimited new license keys for free. Or at least they did - I do remember at one point they had to crack down on some scams that were abusing this.

AFAIK everyone else either does not allow partners to generate keys at all or has a strict cap of 100 or so.

2 comments

> But the publishers looked at it like Nvidia had stolen their games to make their own bootleg streaming service.

nVidia was preloading games onto their service without licenses, and so they needed publisher approvals to do this. There are other cloud services that offer a gaming-capable PC and block storage and don't run afoul of this, since you need to install the games yourself.

This seems like a distinction without a difference. Them preloading game files shouldn't matter, because the actual games still require a DRM license in order to work.

It's broadly legal to run caching proxies, remote-hosted DVRs, and shared/deduplicated cloud storage. There's even specialized cache proxies for Steam. What would be the difference between what Nvidia did and, say, having a shared Steam cache server sitting between all of their streaming instances and Valve's servers?

> Them preloading game files shouldn't matter, because the actual games still require a DRM license in order to work.

> There's even specialized cache proxies for Steam. What would be the difference between what Nvidia did and, say, having a shared Steam cache server sitting between all of their streaming instances and Valve's servers?

The difference is that Valve, as part of their distribution agreement that publishers and developers sign to list on Steam, claims the right to host and distribute the files. Preloading the files is important, because it's a differentiation of the service -- you're not renting a PC in the cloud, you're signing on to a service where all your games are just sitting there, without your input, already patched and ready to go.

>> But the publishers looked at it like Nvidia had stolen their games to make their own bootleg streaming service.

You still bought the game, you're just running elsewhere. They're worried about ports - they want to sell you that sweet android/iOS port of their game. That's why they block the games.