Archive for the ‘Gaming’ Category

Weekly News Roundup (29 January 2012)

Sunday, January 29th, 2012

Welcome to another edition of the WNR. I hope you’ve had a good week, that the FBI hasn’t stormed your home, seized your prized car collection and that you haven’t had bail denied by a judge. Me? I’ve somehow talked myself into getting a (admittedly cheap) copy of Skyrim (on the PC, of course), despite knowing that I really don’t have the time to play a game that has managed to destroy millions of hours of productivity since it was released. But curious as to what the hype was all about, I  talked myself into playing “just a few minutes”. 20 hours of Skyrim later …

Quite a bit to get through, and with the steel ingots and leather strips not making themselves into armor and requiring my urgent attention, let’s get started!

Copyright

The fallout from the Mega story last week continues, as file hosting websites scramble this week to “clean up” their services, or simply to shut up shop.

This is probably what federal prosecutors, and the content holders urging them to take action, had been hoping for. With thousands of illegal download links now put out of commission, some permanently, it does seem like a major victory in the war against web piracy. Although whether this actually leads to any revenue increases, the whole point behind stopping piracy, time will tell.

For the music industry, this is the second major breakthrough against web piracy in just over a year, along with October 2010’s closure of LimeWire. But it appears that despite what the NPD calculated to be a 46% decline in the number of downloaders shortly after the LimeWire closure, and with less songs downloaded per individual when comparing to the same period a year ago, music revenue for 2011 hasn’t actually increased much at all. In fact, it remains 3% down compared to 2010, when LimeWire (up until October at least) was fully operational. The rate of decline has slowed, but you would think that with such a dramatic decline in piracy rates (nearly half of the people downloading pirated music were using LimeWire to do it just before it was closed down), and the RIAA’s warning of billions upon billions of damage caused by piracy, that it would have at least helped the industry get back into growth. So it will be interesting to see, now that piracy through file hosting services has decreased, what effect it actually has on revenue.

Record label vs artists profits

Apparently, only $23 out of every $1000 made on music sales actually goes to the musician, on average (source)

This is of course assuming the main aim behind the targeting of Megaupload was in fact to do with piracy, as it was noted this week that Megaupload was already making plans to take on the music industry head on, in plans that could cause the major labels more damage than piracy ever could. The plan involves a new website called Megabox, which allowed unsigned artists to completely bypass music publishers, and market directly to music fans, with 90% of the revenue going back towards the artist. Even free (ie. pirated) downloads would generate money for the artists, as Megaupload promised to share the very income, earned from downloads, that got them into trouble last week. And if Megabox works, then it would have been a big blow to the majors, and would have seriously questioned their relevance in the age of the Internet, when “naturally” generated hype is more valuable than any kind of promotion that labels could come up with. And with technology enabling artists to sell directly, without having to invest a lot in infrastructure (or they can leave it to tech companies to handle that side of things), artists no longer have to see a majority share of their revenue going to record labels. If there’s one thing the labels fear more than web piracy, it’s this, and while it might require one to be wearing a “tin-foil-hat” to think that this was the only reason behind the Mega take-down, it’s probably a nice little bonus the record industry got out of the whole thing. But while the likes of the RIAA can stop Megabox, they can’t stop innovation and progress, not forever, and a major shift in the way content is packaged, sold and distributed is on its way, if it isn’t here already.

While the Mega stories were very much dominating the headlines, the temporary demise of SOPA was still on people’s minds. One of those minds was EMI’s VP of Urban Promotions, Craig Davis. In a Q&A session with the Reddit horde, Davis expressed largely personal views that seemed to differ quite a bit from the general line of thinking coming out of the music industry these days, in that legislation is the only way forward to deal with the web piracy problem. Perhaps highlighting the internal divisions within the music industry on how to handle the web piracy problem (something we don’t usually get to see, with the RIAA’s loudspeakers drowning out all other opinions), Davis personally opposes SOPA, and says that piracy is more of a service issue, than a pricing one, mirroring what Valve’s Gabe Newell said a few months ago. In fact, Davis specifically mentions Newell as having the right idea when it comes to fighting web piracy. By focusing too much on the pricing issues behind piracy, major content holders often come to the conclusion that there is no real way to “compete” with pirated downloads, as they could not offer their content for free (although I would argue that piracy itself carries a cost, in terms of legal risk, technical and safety issues, and a moral cost, and so for legal content to compete, it does not have to be free, it only needs to be seen as good value). But by concentrating on service, innovation, basically by making legal options more attractive in more ways than just on price, then “legit” could compete with “free”. And perhaps Newell’s Steam could offer guidance to the music, and movie industries as to how to best leverage the positive aspects of the Internet, and how to compete with piracy – Steam’s legendary sales, it’s active community of gamers, and value added features, all help it not only compete effectively with pirated downloads, but also traditional retailers.

But innovation always carries a risk, a risk that, historically, the music and movie industries havn’t been willing to accept. Whenever something new hits the block, whether it’s home audio taping, or VCRs, these industries have resisted change and has tried to sue their way out of the problem. Eventually though, they did accept that change was inevitable, embraced innovation, and has come out better for it. But what’s different this time though is the incredible power lobbyists now hold over elected officials and the systemic corruption in D.C., and this now offers entrenched major content holders another “solution” – to legislate their way out of trouble. Most in D.C. have  gotten so used to using money to buy policies, that they no longer sees anything wrong with it. Which is probably why former US Senator, and current MPAA head, Chris Dodd was so transparent in his attack against political opponents of SOPA, literally threatening to stop writing checks for them come election time. That he simply didn’t see any problem with the head of a lobby group threatening to stop paying politicians if a favourable law wasn’t passed, shows just how “comfortable” the Washington crowd has gotten with the way things are done over there (or it may just be because Dodd is stupid). But while Dodd may not have felt that there was anything wrong with his statement, others did, and using the same tactic that has already worked against SOPA, people are signing a new petition on the White House’s “We the People” petition website to ask for a full investigation of Dodd for bribery. With 25,000 signatures required within 30 days for the White House to officially issue a statement on the petition, 30,000 signatures were promptly recorded in just a week (that’s the Internet for ya). The fact that the White House will now have to issue on statement of Dodd’s alleged improprieties, regardless of what the statement actually says, should be hugely embarrassing for the MPAA Chairman. Or it could be much much more serious.

Anno 2070 Screenshot

Anno 2070 looks great, but just pray that you don't need to change your GPU, or the game's DRM could lock you out

With so many big issues being discussed, trust Ubisoft to still somehow steal the headlines via yet another incident with one of their controversial DRM choices. When review site Guru3D went about using Ubi’s Anno 2070 in a hardware benchmark test, they found that the 3 PC activation limit also applied when the GPU was changed, and so having barely started their test, they had used up all of their activations. Having calculated that they would need 7 copies, or 21 activations, to finish their testing, Guru3D contacted Ubisoft about this potential “bug” with their DRM, but Guru3D were promptly told that not only was this normal and intentional, Ubisoft wouldn’t be providing the 7 copies needed to finish their testing. So Guru3D did what any self respecting website would have done – they published the entire detail of their ordeal for the Net public to judge, and the expected public backlash eventually forced Ubisoft to back down and allow for GPU changes. Ubisoft came out with the usual statement saying that very few people were affected by this particular problem with their DRM, which is probably true considering the game only came out in November, and I don’t think many would have changed their GPUs twice during this period. But the problem with DRM is that it’s forever, so were Ubisoft really expecting PC gamers, of all people, to not frequently change their GPU or other parts of their hardware? Or maybe they just didn’t think their games were that good for people to be still playing it for more than a couple of month. For now though, while GPU changes are exempt from requiring new activations, other hardware are still being included, and so don’t be surprised if this problem pops up again at a later date.

Gaming

And on that note, we move to gaming. For some reason, all the Xbox 720 rumours decided to out themselves this week.

Of course, there cannot be an Xbox rumour without mentioning Blu-ray, and the next Xbox (which I hope will be more imaginatively named than “Xbox 720″) will apparently have a Blu-ray drive. Whether it plays Blu-ray movies or not, remains to be seen though, since the Wii U will have a “Blu-ray like” drive, that won’t play movies.

Xbox 720 Mockup

Just one of the many Xbox 720 mock-ups floating around the net

On the GPU front, a Radeon 6000 series chip might be used. This actually feels too “new” of a chip for a console that’s supposed to be released next year, since the Wii U is only using a Radeon 4000 series. The reason why console manufacturers use older chips, other than the maturity of the product line, is due to the time it takes to engineer an existing off the shelve solution for a game console, the cost involved in using the state-of-the-art GPU, and the fact that optimizations mean console GPUs don’t need to be as powerful as their PC counterparts.

The most controversial rumour involves Kotaku’s reveal that the next Xbox could ban the playing of second hand games. Publishers have long complained that second hand games are cannibalising sales, as gamers can “share” the same copy and game stores profit from each transaction – only one payment from these transactions is made to publishers, right at the start. Publishers have come up with various ways to solve this problem, for example, a voucher system (but that don’t really works for limiting the multiplayer component of games). So if Microsoft really wanted to please publishers, and get them to release more exclusives for the platform, then having a system that ensures second hand games won’t work will do the job. Although I think this will backfire and hurt sales, and the platform, in the long run.

Nothing much more happening this week, at least no in the real non-Skyrim world, so we come to the end of another WNR. See you next week.

Game Consoles – December 2011 NPD Sales Figure Analysis

Saturday, January 14th, 2012

Welcome to the December 2011 edition of our regular NPD US video game sales analysis. In this feature, we look at video game sales, both hardware and software, for the month of December 2011 based on data collected by the NPD. December is traditionally the most important period of the year, where a huge percentage of the entire year’s sales occur. And as a result, there is no month more important than December, and it’s a great way to gauge the general state of the video gaming industry. Last year, the Wii has the holiday time winner, easily beating the Xbox 360, and 12 month is a long time for a game console. Read on the find out if the Wii continued its tradition of holiday success, and whether the industry as a whole had a good holiday period. Or not.

As NPD no longer releases full hardware sales figures, this feature is reliant on the game companies, namely Microsoft, Nintendo and Sony, to release their set of figures and based on “statement math” (that is, arithmetically calculate missing figures based on statements made). For December 2011, these are the statements made by the gaming companies:

  • Nintendo did not reveal any figures for December 2011
  • Microsoft revealed “more than” 1.7 million Xbox 360 hardware units sold, with 46% of the home based console market share (source)
  • Sony did not reveal any figures for December 2011

With only the above information, it becomes impossible to work out the estimated numbers for both the Wii and the PS3. Luckily, analyst Michael Pachter again came to the rescue, via Twitter, stating the Wii sales were in fact 55% down from the same month a year ago. With this piece of crucial information, we are then able to deduce the Wii numbers, and from this and the 46% market share figure quoted by Microsoft, we are then able to estimate the PS3 numbers too.

And so the figures for US sales in December 2011 are below, ranked in order of number of sales (December 2010 figures also shown, including percentage change):

  • Xbox 360: 1,700,000 (Total: 30.9 million; December 2010: 1,860,000 – down 8.6%)
  • Wii: 1,060,000 (Total: 37.7 million; December 2010: 2,360,000 – down 55%)
  • PS3: 936,000 (Total: 18.9 million; December 2010: 1,210,000 – down 22.6%)
NPD December 2011 Game Console US Sales Figures

NPD December 2011 Game Console US Sales Figures

NPD Game Console Total US Sales Figures (as of December 2011)

NPD Game Console Total US Sales Figures (as of December 2011)

My prediction from last month was:

Same hardware ordering, and a software chart that looks very similar to this month’s, so there’s nothing much to add to that really.

While the software chart has a lot of titles that were there in November, the hardware ordering actually changed, with the PS3 dropping back down to third place, after finishing above the Wii last month.

Overall, looking at the figures above, and the “sea of red”, December 2011 has been nothing short of a disastrous month for video game sales, especially compared to last December. As mentioned earlier, a huge percentage of sales occur in December, but this last particular December did not even out do the previous month, when historically, this has almost always been the case. In fact, for hardware sales, the raw numbers were at its lowest since 2005.

Microsoft was probably the “winner”, if you can call it that (more like the smallest loser), with only an 8.6% drop in console sales, and level in sales with November. The NPD pointed to the strength of the Xbox 360 throughout the year, saying that the Xbox 360 platform accounted for nearly 40% of annual physical retail sales, across all categories. Still, if you count November and December together as one period, then 2011 has been good to the Xbox 360, with 3.4 million consoles sold, compared to 3.23 million a year ago. Microsoft probably had hoped the Kinect Star Wars game and console bundle would have made it in time, helping to push the console, and Kinect, to the next level, but the delay to the game means that there were no real A-list Kinect titles for this holiday period (unless you count Kinect Sports 2, and Dance Central 2, as A-list titles).

Despite finishing as the third most popular console, the PS3 was probably in second place overall, when you look at the year-to-year decrease figure, as well as performances across both November and December. Nearly 1.84 million PS3 consoles were sold during November and December, compared to 1.74 million consoles in 2011. So the good news is that, things are not that bad, while the bad news is that, the Xbox 360 appears to be pulling further ahead in the United States, where during the same period, it had almost twice as many sales (and more console sales during the holiday period, means more game sales for the rest of next year, and also means a strengthening multiplayer community, the growth of which relies on people using the same console as their friends).

So the real loser is, once again, Nintendo. The Wii, previously the unstoppable juggernaut during December sales, is no more, and is relegated to a distant second place behind the Xbox 360. For November and December, 1.92 million Wiis were sold, compared to 3.63 million in 2010 – in fact, more Wiis were sold in December of 2010 alone, than November an December of 2011 combined! A 55% year-on-year drop shows that the Wii is no longer the “must-have” video game gift, with some of the sales going to the Xbox 360 (not many, looking at the figures above), and possibly lots of sales going to things like tablets and smartphones, the new home of casual gaming.

And that’s probably the best way to look at things for the video game industry as a whole, for the most recent holiday period. The industry has benefited from the Wii becoming a must-have gift item for the last several holiday periods. Kinect has contributed to the same phenomenon, but it just hasn’t been the same. And with so many other gadgets to distract the holiday shopper, and also the economy, the decline can almost been seen as a return to normal, after a couple of years of extraordinary performance led by the Wii. Maybe the Wii U will bring back the same thing next year, but expectations must be readjusted.

As for software sales, it was also down compared to December 2010. MW3 led the chart again, with Skyrim dropping to third after the resurgence of Just Dance 3. Interestingly, looking at total sales for 2011, the ordering of the top 3 was exactly the same as the December top 3, showing that Call of Duty, and perhaps surprisingly, Just Dance, were the top 2 franchises for 2011. Mario Kart 7 on the 3DS was the only new entry into the top 10 in December. Here’s the full software sales chart for December (new releases for December 2011 in bold):

  1. Call of Duty: Modern Warfare 3 (Activision, Xbox 360, PS3, Wii, PC)
  2. Just Dance 3 (Ubisoft, Wii, Xbox 360)
  3. Elder Scrolls V: Skyrim (Bethesda, Xbox 360, PS3, PC)
  4. Mario Kart 7 (Nintendo, 3DS)
  5. Battlefield 3 (EA, Xbox 360, PS3, PC)
  6. Madden NFL 12 (EA, Xbox 360, PS3, Wii, PS2, PSP)
  7. Assassin’s Creed: Revelations (Ubisoft, Xbox 360, PS3, PC)
  8. NBA 2K12 (Take-Two Interactive, Xbox 360, PS3, PS2, PSP, Wii, PC)
  9. Super Mario 3D Land (Nintendo, 3DS)
  10. Batman: Arkham City (Warner Bros, Xbox 360, PS3)

Predicting January is always difficult, as the post holiday lull will be here, and there would usually be stock issues (although with the low sales this year, maybe this won’t be an issue). I suspect, other than huge drops in console sales figures for all consoles, the PS3 will probably regain 2nd place, with the Xbox 360 still the top selling console. A subdued month as well for software sale.

See you next month.

Weekly News Roundup (New Years Day Edition)

Sunday, January 1st, 2012

Happy New Year! Hello from the 2012 side of the world, Australia being one of the first countries to go over to the other side, but you’ll all join me soon enough, whether you like it or not. Having experienced about 18 hours of 2012, I have to say that it has been pretty boring so far. No cataclysmic events yet, but I’ll keep you posted.

I guess it would be customary, at the end of the year, to review the just ended orbit around the sun and summarise the major events. But that would require actually remembering what happened, all year, when I can barely even remember writing last week’s WNR. It should also be a time to look forward to the brand new, still in shrink wraps, year, and make some bold predictions about 2012. But that would require insight and imagination, both of which are in short supply in this 36C (97F) heat.

With the award season upon us soon, I guess I can format this WNR “a look back” in similar fashion, but without spectacular musical numbers, or comedic writing. So basically an award show without any of the interesting bits. Or any actual awards. Sounds like a great idea!

There has been many deserving winners of the prestigious Loser of the Year award, from Sony’s PSN SNAFU, to recent events involving GoDaddy being pwned by Reddit, but there can only be one winner, and of course, it’s Righthaven. The group that helped to redefine the term Copyright Troll has had a horrible year, not only losing court cases, but eventually their shirt (and domain name), as the company is now on the verge of bankruptcy. Will they still be around to compete for next year’s award. Doubtful.

SOPA: winner of our Villain of the Year award

SOPA: winner of our Villain of the Year award

Competition for the always popular Villain of the Year award has been fierce this year, as individuals and companies fight to be total d*cks (hint: not “docks” or “ducks”), in the field of copyright, gaming and beyond. But this year’s award winner is neither an individual, nor a company (and it’s not a duck either). It is, of course, SOPA. The always controversial Stop Online Piracy Act stormed to a clear lead in the voting for the award, at the very last minute I might add. SOPA has managed to unite all against it, be it the conservative Heritage Foundation, Republican as well as Democrats, and even the sworn blood enemies, Reddit and 4chan, and that’s quite an achievement.

The Best Blu-ray of the Year award goes to Harry Potter and the Deathly Hallows, mainly because it was split into two parts and both parts still managed to not only get released in the same year, but both also topped the sales charts. Star Wars just misses out due to a point deduction for George Lucas being a total d*ck (hint: not a duck, named Howard or otherwise).

Skyrim

Skyrim wins our Game of the Year award, for wasting time that could have been used to cure diseases and save the planet

The Best Game of the Year should probably go to the best seller, which would be Modern Warfare 3, but that wouldn’t be fair to the game that everyone is talking about. The amazing world of Skyrim has drawn in thousands of gamers, most of whom have spent hours upon hours arrowing people, and assorted creatures, in the knee, and as a result, the game would have been responsible for breaking up thousands upon thousands of relationships if only gamers actually had real life relationships.

And finally, the Hero of the Year award goes to, in a lame effort to appease my readers, You! For helping to fight SOPA and to punish companies for not agreeing that SOPA is the worst thing to happen to the Internet since Rickrolling, for not buying into the Ultraviolet hype that, I have to admit, I was sucked into when I first heard the phrase “your movie library in the cloud”, for putting up with Sony’s PSN outage and that $600 invoice for adult toys that hackers charged to your credit card account when your details were stolen from PSN, for fighting the likes of Rigthhaven and the US Copyright Group and actually winning, and most courageously of all, for keeping on reading the WNR, rant after rant. You’re a deserving winner!

And as you can probably guess by now, it wasn’t exactly a very newsworthy week. The only real notable piece of news was the GoDaddy anti-SOPA boycott, which Digital Digest was proud to join in, having moved 22 domains out from GoDaddy. It would be easy to feel sorry for GoDaddy right now, as there’s almost nothing they can do or say to repair the damage caused by their ill advised support for SOPA in the first place – even their statement of “we oppose SOPA” was attacked by people claiming the company was opposing SOPA for the wrong reasons (not because SOPA is bad, but because GoDaddy was losing money because of supporting SOPA). Namecheap, hosting the Move Your Domain Day event by offering discounted, below cost domain transfers out of GoDaddy, also managed to raise $64,180 for the Electronic Frontier Foundation, $2 for every domain transfer – not bad work for a day, considering how much of a pain moving a domain (especially an active, website hosting one) is.

And that was it for the week really, so I probably shouldn’t babble on any further, especially on a day most of you will be nursing hangovers of varying degrees. So there’s nothing left to do except wish you a great new year, a prosperous one, a safe one, and one that’s heaps better than the awful, awful, 2011. See you next week.

Weekly News Roundup (18 December 2011)

Sunday, December 18th, 2011

As the holiday period truly begins (and by use of the term ‘holiday’, I’m not trying to avoid saying Christmas or in any way take part in the largely fictional “war on Christmas”, rather as a shorthand for saying Christmas and New Year, and I guess having to explain it like this sort of negates the whole shorthand thing, but you can’t be too careful these days) … where as I, um, yes, as the holiday period begins, the news will dry up, and it’s even debatable whether next week’s issue of the WNR is still on or not. Regardless, the week before Christmas is also the last week in which the Copyright Scrooges can manoeuvre to get their beloved SOPA passed in Congress, and so it’s busier than normal.

The US video game sales figures for November was also released during the week, and you can read the full analysis here.

Copyright

Before we talk more about video games, let’s go through the week’s copyright news first. Once again, we see why money and politics shouldn’t really mix, as news that two Congressional staffers largely responsible for drafting SOPA/PIPA have now “managed” to get better jobs at the MPAA and the National Music Publishers’ Association, two copyright lobbying organisations.

While laws prevent these two from coming back and lobbying their former employees (as if that’s even needed), there are the usual Washington loopholes that still allow the two to have influence on Capitol Hill. The MPAA and the NMPA will argue that this is how it’s supposed to work, that the organisations have managed to secure the service of two very capable, and knowledgeable, people who are already familiar with the issues at hand. Everyone else will be made uncomfortable at yet another incident that highlights the incestuous relationship between lobbyists and politicians. While only the MPAA/NMPA and the two new employees will know what the real deal was, the reality is that the two helped to draft bills that (intentionally, or just incidentally) gave their future employers exactly what they wanted, convinced their old bosses to go along with it, and got new, higher paying jobs as a reward. Whether this was just the unintentional consequence of their actions, or something more troubling that involved more coordination between the involved parties, I don’t want to comment, but sometimes just the appearance of something like this is unacceptable for a truly democratic society, or at least it should be.

MPAA Wikipedia Page Censored

A mock up of what Wikipedia's anti-SOPA protest could look like, with sections or even entire pages blanked to show the dangers of Internet censorship

With breaking (well, by the WNR’s  standards anyway) news that further discussion of SOPA will have to wait until after the Congressional break, the anti-SOPA movement main gain an important ally before then, with Wikipedia threatening a day of action to protest the controversial copyright bill. The founder of Wikipedia, the man whose photo you see every couple of months on every Wikipedia page, Jimmy Wales, has suggested that Wikipedia might blank all of its pages, for a short period, to demonstrate against SOPA, something the Italian version of the encyclopaedia has already attempted to great success over a local issue. Right now, it’s all just discussions, because, as Wales rightly points out, doing something like this could have a huge impact on the web. I mean, would somebody please think of the children … who have to write school reports, and what the hell would they do without Wikipedia (and the copy/paste function)? Use another online encyclopaedia, or heavens forbid, go to the library?

And for the anti-SOPA brigade (for all the work I’ve put into the cause, I must be a lance corporal by now, which ironically is also my rank in BF3 – I’m really really not good at the game), Christmas has come early thanks to Universal Music Group’s Scrooge-tastic act that helped to prove why content holders cannot be trusted with the power to censor the Internet. The story begins with the YouTube upload of Megaupload’s cheesy promotional video, starring some of today’s biggest stars, such as Kim Kardashian, P. Diddy, Will.i.am, Alicia Keys, Kanye West, Snoop Dogg, Chris Brown, and sung by Macy Gray. Using an original song, and with written agreements signed for all the stars, what Megaupload didn’t expect was for Universal Music Group (UMG) to abuse YouTube’s anti-piracy tool, to file an infringement report against the music video and have it censored. But that’s exactly what UMG did, although they now deny they did it for copyright reasons, hinting at some unknown agreement between two private companies (possibly relating to recordings of live performances), YouTube and Universal. Not that this makes it any better, of course, as the end result is that a perfectly legal video that presented views that UMG did not approve of (or rather, they don’t approve of Megaupload, period), and UMG had it taken down, which is the very definition of censorship. And because of an agreement between two other private companies (something SOPA would allow, as content holders can make agreements with financial providers to “kill” websites outside of the legal justice system), the tools/rules designed to handle copyright disputes was “abused” to censor free speech, however cheesy it was. What a wonderful demonstration of what a post-SOPA Internet world could be like.

Megaupload's Mega Song was blocked on YouTube by UMG

Megaupload's Mega Song was blocked on YouTube by UMG - innocent mistake, or censorship masquerading as a copyright take-down?

Megaupload was quick to file a lawsuit against UMG, and YouTube eventually did reinstate the video with the explanation that, yes, UMG did abuse its tool: “Our partners do not have the right to take down videos from YouTube unless they own the rights to them or they are live performances controlled through exclusive agreements with their artists, which is why we reinstated it.”

But the Streisand Effect ensures just the YouTube version, which was blocked for quite a while, now has over half a million views, and made #Megaupload a trending tag for a while on Twitter. Nice one UMG. And who knew controversy is such a great way to promote a music video, perhaps it’s something UMG can leverage to its own benefit the next time.

Speaking of promoting videos, very funny comedian Louis CK has done something that traditional media won’t be laughing at – he’s bypassing the normal distribution channels, and releasing his own video for $5, and without DRM. And it’s proven to be somewhat of a success, with CK taking in over $200,000 (profit after cost) in just 4 days. According to CK himself, that’s less than what he would have gotten from a traditional distributor, but he’s happy because more people have managed to get a legal version of his video, and nobody had to endure horrible DRM or annoying marketing (register here, register there, give us all your personal info, and then get spammed in your inbox forever). Some have argued that this is a bad development for media distribution, since by taking out the middle men, that’s fewer people being employed. And that argument has some merit, and I’ve long argued that the whole wholesale/distribution/retail chain will suffer, if it isn’t suffering already, due to the digital revolution. But there are strategies to adapt, but those too slow, too paranoid or too stubborn to change, that is the companies that insist on charging digital downloads at the same price as retail boxed version, and those that insist on DRM, will not survive this revolution. And the more they try to hold on to the dying model, the more artists will release themselves from the clutches of traditional media and do it their own way – the truth is that nobody wants to do it alone, unless they have to, and through DRM, bad pricing, and incessant marketing and all the things they’ve done to alienate consumers, traditional media are forcing artists to go it alone.

For now, Louis CK’s video is still selling, despite widespread piracy (not that DRM would have lessened it or anything), and Louis urges everyone to keep buying, as so he “can have shitloads of money”.

And buying, as opposed to torrenting, might also help you avoid public embarrassment, as a new website has been launched to try and embarrass torrenters by listing their IP address and the stuff they’ve downloaded, even the videos of the naughty kind. While downloading from a public tracker does have this risk, those with dynamic IPs may not care too much, still, I don’t think I can support any service that publishes data like this. It would be like if a website, say Google, decided to public its web logs, of which IP address searched for what and when, and that has huge privacy implications. Just because this website is seeking to expose illegal behaviour, doesn’t mean it isn’t a privacy violation.

With that said, it was funny that the website would be used to put anti-piracy groups under pressure, as opposed to the people who actually pirate. This is because the website allows you to search for any IP address, including say the IP address of movie studios, or anti-piracy lobbyists, or even the anti-piracy domain seizing Department of Homeland Security. It certainly was interesting to see staff at NBC-Universal downloading the excellent Game of Thrones, perhaps proving that network TV does know a good series when they see one, even if they don’t actually know (or dare) to reproduce it for their own networks. How about someone at Fox downloading Super 8, produced by another studio? Or the RIAA downloading the latest Kanye West album?

Of course, the right argument is that you cannot really hold the RIAA responsible just because one of their IP addresses was used to illegally download something. It could be by an employee, an ex-employee, a visitor who managed to get access to a network connection, or as some have already claimed, be an unlikely case of IP spoofing. And as long as the RIAA has an appropriate anti-piracy policy, and enforces it, then they shouldn’t be held responsible for the actions of individuals. But since the RIAA don’t think any of this applies to, say Google or ISPs, and that they need to pass tough legislation to punish these organisations, I can only conclude that, yes, the RIAA is guilty of copyright infringement, possibly on a massive scale, and they should be punished accordingly.

Gaming

Not much happening in 3D/HD, so let’s skip to gaming. The NPD sales figures for November presented no big surprises in the Xbox 360 outselling everything else, and I think it’s safe to say that it is currently the dominant console in the US, for this generation.

To be fair (or unfair), the PS3 is really the only loser in this generation, in the US or elsewhere, despite PS3 sales doing pretty well worldwide. I say this not to incite fanboy-on-fanboy violence, although that would be an effective way to cull their numbers, but simply because neither Nintendo nor Microsoft could have predicted their respective successes in this generation, which has come largely at the expense of the PlayStation brand. The fact that the PS3 will likely never outsell the PS2 is disappointing given the huge advantage the brand had over the offerings by Nintendo and Microsoft in the last generation, plus the advantage of also being a Blu-ray player (the DVD player in the PS2 being partially responsible for the unit’s success).

It was also interesting to see Modern Warfare 3 break all sales records, despite a struggling economy, wide spread piracy and everything. I’ve only secured my (PC) version recently, and only because it was below retail pricing, so pricing is important as ever. One issue that’s becoming more and more important is regional pricing, especially on Steam for non US buyers. Here in Australia, we get ripped off due to publishers (not Steam) setting higher prices than compared to say the US or the UK. This has led to others using VPNs to buy games from overseas (with the high risk of getting their Steam account banned), or buying from Russian based CD-key sites. It’s a lot of trouble for people to have to go through just so they can hand money to game publishers, and it’s easy to see why some might see piracy as a legitimate source for games, until prices drop to more reasonable levels. The globalised price competition is one of the downsides of a globalised marketplace for sellers, but they benefit from being able to access more markets and more customers than ever, and digital distribution strips away almost all of the manufacturing cost from things, so it should all even out in the end. But only if reasonable pricing policies are put in place, one that is fair to countries like Australia, and can also compete against piracy ($80 vs free is not competition, but $30 to make the guilt go away, plus access online services without fear of having an illegitimate key, might be).

I think that’s enough for this week. See you next week (maybe).

Game Consoles – November 2011 NPD Sales Figure Analysis

Tuesday, December 13th, 2011

Welcome to the November 2011 edition of our regular NPD US video game sales analysis. In this feature, we look at video game sales, both hardware and software, for the month of November 2011 based on data collected by the NPD. The holiday period truly begins at November, with the Black Friday sales, it comes an important indicator as to how each game console will do during the entire Holiday period. Last year, the Xbox 360 narrowly beat a resurgent Wii, while the PS3 languished in a distant third. Will this year be any different, and will the best selling game in the history of video games, Modern Warfare 3, help hardware sales? Read on the find out.

As NPD no longer releases full hardware sales figures, this feature is reliant on the game companies, namely Microsoft, Nintendo and Sony, to release their set of figures and based on “statement math” (that is, arithmetically calculate missing figures based on statements made). For November 2011, these are the statements made by the gaming companies:

  • Nintendo reveals the Wii sold 860,000 units, with “more than 795,000″ 3DS consoles, and “more than 350,000″ units of DS (via PR email)
  • Microsoft revealed 1.7 million Xbox 360 hardware units sold, with 49% of the home based console market share (source)
  • Sony said that the PS3 hardware saw a “70% increase” in sales (via Patrick Seybold, Sr. Direcrtor of Corporate Communications at SCEA)

Luckily, all the statement maths added up this month, since from Microsoft and Nintendo’s statements, we can deduce the PS3 numbers to be around 900,000, and that falls into line with Sony’s “70% increase” statement (increase compared to the same time last year).

And so the figures for US sales in November 2011 are below, ranked in order of number of sales (November 2010 figures also shown, including percentage change):

  • Xbox 360: 1,700,000 (Total: 30.9 million; November 2010: 1,370,000 – up 24%)
  • PS3: 900,000 (Total: 18.9 million; November 2010: 530,000 – up 70%)
  • Wii: 860,000 (Total: 37.7 million; November 2010: 1,270,000 – down 32%)
NPD November 2011 Game Console US Sales Figures

NPD November 2011 Game Console US Sales Figures

NPD Game Console Total US Sales Figures (as of November 2011)

NPD Game Console Total US Sales Figures (as of November 2011)

My prediction from last month was:

It’s the holiday period proper, sales will be way up, and Modern Warfare 3 will help in this regard as it breaks all records. The Xbox 360, the preferred platform of MW3 and also with a new Halo game being released, will be the clear winner yet again, but it will be interesting to see if the Wii can have one last good holiday period, and there’s a new Zelda game too, so that always helps. The PS3 does have Uncharted 3 though. If I have to guess, I would say the PS3 will beat the Wii. The top games will be the ones I’ve already mentioned, plus Skyrim.

I think the above paragraph actually sums up November quite well.

The Xbox 360 was easily the clear winner, but the margin of victory was larger than most has expected. Most expected the Xbox 360 to be the best selling console, but with only moderate growth compared to the same month last year, the first holiday period for Kinect and the new “slim” Xbox 360. But Microsoft surprised everyone with a series of key price cuts, bundles, and sales, and just like how the Wii’s second holiday period was even better than the first thanks to its status as a “must-have” family gift, perhaps the Kinect is doing the same for Microsoft this time round. In any case, a 24% increase in sales compared to last November is nothing to be scoffed at, especially when last November was an amazing 67% up compared to the previous November. Here in Australia, Microsoft has also been super aggressive in discounting the Xbox 360, to prices that are practically half that of just a few months ago, and the Kinect bundle also seeing huge discounts at selected retailers. If this is the same strategy employed in other countries as well, then the Xbox 360 should have a great holiday period, and not just in the US (perhaps this is Microsoft’s response to PS3 sales that have nearly or already caught up to the 360 global sales numbers).

The PS3 also had a great November, although nowhere near as good as the Xbox 360, with the 360 almost selling twice as many units. The 70% increase compared to last November looks spectacular, but one has to take into account that last November, the PS3 sold fewer units than in 2009 (25% down actually). Compared to 2009, PS3 sales are up around 26%, so at the very least, last year’s trend has been reversed with the key price cut that came in the middle of the year. Sony also promoted the fact that PS3 software sales are up 30%, and that, more so than hardware numbers, is what Sony really likes to see (although hardware numbers obviously do help to raise the software numbers, and that’s more of a case now than the first few years of the PS3, when many used it as a cheap way to get a Blu-ray player).

It looks like 2010 was the last great holiday period for the Wii. While sales are not bad this year, they’re nowhere near the million+ figures from yesteryear. And this will be the last holiday period for the Wii as Nintendo’s lead console anyway, with the Wii U set to play a key role this time next year. Still, to label the Wii as a “loser” or “dead” is doing the console a disservice, since it still nearly outsell the PS3, and nobody it calling it a “dead” console.

On to software. As expected, MW3 completely dominated the sales charts, with incredibly, 9 million units of the game selling on all platforms, with over a billion dollars in sales. Battlefield 3 fell to 3rd place as a result, but it’s still the best selling Battlefield game in the series. Skyrim, the game many are already calling game of the year, managed to get second place and that’s probably quite impressive for a game in this genre, and certainly in the Elder Scrolls series, where it’s only taken a month for the latest installment to sell without half a million of the last installment’s lifetime sales number. Assassin’s Creed: Revelations, Saints Row: The Third contributed to the strong software line-up for November, making it the best November on record, despite recent trend suggesting that wouldn’t have been the case. For platform exclusives, Uncharted 3 did extremely well to get up to 7th place with 700,000 units sold, ahead of the new Zelda game at 600,000. Super Mario Land 3D and Halo: Combat Evolved Anniversary didn’t make the combined platforms top 10, but would have easily made the top 10 separated by SKU. Here’s the full software sales chart for November (new releases for November 2011 in bold):

  1. Call of Duty: Modern Warfare 3 (Activision, Xbox 360, PS3, Wii, PC)
  2. Elder Scrolls V: Skyrim (Bethesda, Xbox 360, PS3, PC)
  3. Battlefield 3 (EA, Xbox 360, PS3, PC)
  4. Assassin’s Creed: Revelations (Ubisoft, Xbox 360, PS3, PC)
  5. Just Dance 3 (Ubisoft, Wii, Xbox 360)
  6. Madden NFL 12 (EA, Xbox 360, PS3, Wii, PS2, PSP)
  7. Uncharted 3: Drake’s Deception (Sony, PS3)
  8. Saints Row: The Third (THQ, Xbox 360, PS3, PC)
  9. The Legend of Zelda: Skyward Sword (Nintendo, Wii)
  10. Batman: Arkham City (Warner Bros, Xbox 360, PS3)

My prediction for December? Same hardware ordering, and a software chart that looks very similar to this month’s, so there’s nothing much to add to that really.

Except for the obligatory, “see you next month”!