Archive for the ‘Nintendo Wii, Wii U, Switch’ Category

Weekly News Roundup (14 February 2010)

Sunday, February 14th, 2010

It’s two occasions in one today, a happy Valentines Day and Happy Chinese New Year to everyone. There’s slight more news this week, so no need to drag a single story out to a full blog, like last week. I also wrote a new guide this week on how to get MKV files to play on your Xbox 360, using the software GOTSent. The PS3 version of the guide, which will be using mkv2vob should be up sometime next week.

Copyright

Let’s get things started with copyright news. We start with the, perhaps slightly optimistic, but potentially good news that the secret copyright treaty, the ACTA, might be in trouble.

Apparently, the various parties negotiating the treaty are failing to agree on various matters, and not all parties are keen on the secrecy part. The RIAA, MPAA and other trade organisations are no doubt busy trying to save the treaty, which could be the best thing since the DMCA in their eyes. They’ve tried to keep in a secret because the public backlash from controversial provisions (that could see people’s iPods being searched at airports for illegal downloads) would be too great. But it’s hard to keep a secret when the Internet exists. And countries typically don’t like a treaty that locks them into something too rigidly, and without rigid obedience to it, there’s really not much point in having this type of treaty.

Alice in Wonderland

Alice in Wonderland may not get shown across screens in the UK ...

Tim Burton’s new film Alice in Wonderland (HD trailer) may not be shown across the majority of cinemas in the UK due to a dispute with Disney. Disney’s plans to reduce the theatrical showing window, from 17 weeks to 12 weeks, have angered the cinema owners and they have threatened to boycott the film. Disney tried the same with animated hit Up, and cinema owners responded in the same way, but the studio backed down eventually. Studios like Disney are trying to bring films earlier to DVD and Blu-ray, as they have much more control over these formats in terms of revenue, and studios are also claiming it somehow prevents piracy as well. They do have a point in that most of the business at the cinema goes away after the first 8 weeks, so 12 weeks should be enough. But the problem is that if people know that they don’t have to wait long for the home video version, then they may skip the film at the cinema entirely. Of course, that’s only true of some people, as most feel that going to the cinema and watching the same movie at home are two completely different experiences, much like eating at home or at a restaurant – when money is not an issue, you can’t really substitute one for the other. But it just shows that for all the talk about protecting the industry, film studios only really care about protecting their own profits, and who cares if others in the business suffer as a result.

Staying in the UK, a couple of months ago, the BBC applied for DRM to be added to their high definition TV broadcasts. At that time, the British Office of Communication, Ofcom, denied the request, but it seems that persistence is paying off and the BBC might get its wish (or rather, the US TV networks and movie studios might see their pressuring of the BBC bear fruit). So why is DRM bad for HDTV? It’s bad because it can be used to prevent the recording or time shifting of TV programmes. It can also limit development of open source and free viewing software, since a licensing fee has to be paid to the DRM creators. And this fee also adds to the cost of otherwise free to air television. And it will still fail to prevent some clever person from recording the TV show and uploading it online. So why is the BBC so keen on DRM? Well, the pressure from the US might be intense and I’m sure threats of stopping the supply of programmes to the BBC and moving them onto other more secure broadcast systems such as subscription television will have the BBC, and Ofcom, worried as well.

BioShock 2

BioShock 2 on the PC: DRM Galore

Also in the “we love DRM camp” is the publishers of the game Bioshock  2, 2K Games. So much so, they’ve added 3 different layers of DRM to the game to provide redundant copy protection that still failed to protect the game from being copied. Microsoft’s “Games For Windows” system is used for the disc version, and it already provides a few layers of DRM, and that would be more than enough for most publishers as it features online authentication. But add in limited installs, and then Sony’s SecuROM (the system that’s so hard to remove, that it’s starting to look like malware), and you just have to shake your head at how paranoid game publishers have become. A word of advice: stop losing sleep about the “lost” income from piracy, income that you probably wouldn’t have earned anyway had the pirated version not been made available, as there’s a finite amount of money people can spend on games. Instead, worry about losing your customers to piracy due to idiotic DRM schemes, because that’s a real threat. This is all part of the theory that game publishers’ actions may actually be contributing to piracy. I’m not sure about that, but they certainly have failed to prevent it.

One theory is that lower prices do help to combat piracy, not only for games but for movies and music as well. Apple is keen to test out this theory, and they want TV networks to agree to lowering prices of TV shows on iTunes to under $1, which will no doubt also help the iPad at launch. As expected, they are running into resistance from the TV networks, who sees any price cut as an invitation for more in the future. While it may be simplistic to say that something is only worth as much as people are willing to pay for it, but this is truer for digital content then physical goods, which have physical costs attached to producing each individual item. For me, it’s all about finding the right price, that will discourage people to get the content from illegal sources, and at the same time also provide a healthy profit for content owners.

And bad news for video sharing website Veoh. After winning a legal battle against Universal Music, they may be going out of business anyway. The legal battle prevented the sale of the website, and when it was over, it was too late to obtain further funding. Whether this is more due to the increasing competition in the sector, or whether the legal battle too more of a toll than it appears, it’s hard to say.

High Definition

Let move on 3D/HD news. I’ve mentioned Toshiba’s impressive Cell TV before, the one that uses the same processor as the PS3 to enable 8 HDTV channels to be simultaneously displayed on the TV, in Back to the Future II style.

Toshiba's Cell TV

Toshiba's Cell TV can convert 2D into 3D

But with every other manufacturing trumpeting their 3D lineups, Toshiba was oddly quiet, and refused to even provide information as to which 3D format they will be going with. Perhaps they don’t want to get burned again with another format war by choosing a side right now. Or perhaps there’s really no format to go with even if they wanted to. The Blu-ray 3D specs are a start though. In any case, the Toshiba Cell TV has enough power to convert 2D broadcasts into 3D (well, pseudo 3D, anyway), so whichever format Toshiba decides to go with, it should be quite brilliant.

Speaking of format wars, the HTML5 format war is brewing nicely, with the latest version of Opera supporting HTML5, but only the Ogg Theora codec. So on top of the Flash vs HTML5 video delivery war, we also have the Ogg Theora vs H.264 war. Makers of free browsers like Ogg Theora because it’s free, whereas H.264 has licensing costs that have to be paid by somebody. But the industry prefers H.264, since hardware acceleration support is widely available, and it produces better quality streams than Theora at the moment. The likes of Apple and Google can of course absorb the costs, but it’s probably too much for the likes of Mozilla or Opera to do the same. The H.264 licensing people, the MPEG-LA, really needs to do something about this, perhaps eliminate royalty payments for certain browser manufacturers or something.

And on a related note, Hulu is gearing up for HTML5 compatibility (it uses H.264, just like YouTube and Vimeo’s HTML5 efforts), and so this could mean Hulu for the iPad, which would be a big selling point for Apple.

Gaming

And finally in gaming, the January NPD US video game sales figures are out, and I will have the write up of it nearly next week. A sneak preview: The Wii won, the Xbox 360 beat the PS3 thanks to Mass Effect 2. Only the PS3 showed significant growth year on year, but that’s only because it wasn’t exactly selling like the proverbial hotcakes this time last year.

And the 2009 Game of the Year poll has been closed, or rather, moved off the front pages. CoD: Modern Warfare 2 won, beating second place Assassin’s Creed 2, with Uncharted 2 being the best of the platform exclusive titles.

And so that’s another week. It’s now the year of the Tiger, so 恭喜发财, 万事如意 (which roughly translates to “may you get rich, may your wishes come true and death to DRM”).

Weekly News Roundup (24 January 2010)

Sunday, January 24th, 2010

A somewhat fairly quiet week, so I decided to finish off the NPD 2009 analysis, which you can see here. Nothing all too surprising if you’ve been following my monthly NDP analysis, although it was interesting to see that the Wii was still down 5.7% in sales compared to last year despite the most excellent December numbers. Xbox 360 console sales remained pretty much unchanged from last year, which is either a good thing (in that sales haven’t fallen) or a bad things, considering PS3 sales, thanks to the price cut and the Slim, rose 22.3% over the year (although it still didn’t manage to outsell the Xbox 360, which just shows how poorly the PS3 did in 2008).

Copyright

Let’s start with the copyright news. The hypocritical French government is at it again, this time committing yet another act of copyright abuse. This time, it was the anti-piracy agency HADOPI, which is tasked with overseeing the three-strikes system. By using unauthorised fonts in their logo, they are now threatened with a lawsuit from the owner of the copyright holder. By my count, that’s a lot more than 3 strikes for the French government and their anti-piracy brigade – time to ban them from the Internet I suppose, or better, ban them from messing up the Internet.

When they’re not busy suing single mothers and students (more on that later), the RIAA, MPAA and their lackeys are looking for other targets to attack. And this time, it’s the military. Personnel serving overseas will try to stay in touch with what’s going on back at home in any way they can, and this includes trying to get access to the latest entertainment, including the latest music releases and movies. Unfortunately, it’s not always easy to find legal sources for these content, with many online stores refusing to ship items to certain overseas locations (and not to mention the cost). And this is why many resort to illegal downloads, which provides a source of entertainment when legal ones do not exist. The RIAA and MPAA often use patriotism in their arguments, about protecting American jobs and such, so surely it would be another act of patriotism to provide cheap or free content for overseas military personnel. But instead, the RIAA and the MPAA with support from the US Department of Defence is launching a crackdown on illegal downloads. I do wonder just how much money the RIAA and the MPAA has lost to illegal downloads attributed to the military, and is it really that huge of a problem to get the DoD involved, during wartime no less. It’s more to do with the principle of the thing, I mean how bad would it look for the RIAA/MPAA  if the very people risking live and limb everyday to defend their freedoms didn’t even pay for the latest Lady Gaga single, even though they don’t actually have the choice to pay for it due to lack of a legal source. I mean, how dare they!

RIAA Logo

The RIAA has yet to resond to the $1.92m verdict being reduced to $54,000

And I guess if they can squeeze $1.92 million from single mothers, the RIAA probably thinks it can squeeze a couple of million more from the military. They may have to think again if that’s their strategy, because a judge has finally put an end to incredible damages and reduced it by $1,866,000. Jammie Thomas-Rasset will now only have to pay $54,000 in damages, or $2,250 per song (that’s worth about $0.80 today). It’s still a lot, but it will give hope to that other RIAA victim, Joel Tenenbaum, who is seeking to appeal his own verdict and to ask the $675,000 damages to be reduced as well. The judge couldn’t justify a near two million dollar judgement for the simple act of trying to secure some free music, which made it necessary to also share these music files with others. Finally, a judge that seems to understand that the intention of Rasset and Tenenbaum was never to illegal distribute songs, but rather, to get free music. Any file sharing was just a side effect of the process. The difference between this and someone who actually intentionally leaks copyright materials online, or who seeks profit from sharing music, needs to be distinguished when it comes to handing out damages. The RIAA has yet to respond to this “setback”, and they could even seek a new trial, as their attempt to make an example of Jammie Thomas-Rasset by seeking huge damages would be in vain.

The BPI, the UK version of the RIAA, has attacked ISP estimates on the cost of implementing a three-strikes type system for the UK. Even their estimates put the costs at tens of millions of pounds every year, and not a single cent will be contributed by the BPI, whose members have just had a record year in terms of profits. If groups like the BPI believes that a three-strikes system will work to stop piracy and improve their revenue, then you had to wonder why they are not willing to put their money where their mouth is. They will argue that they’re not responsible for online piracy, but are ISPs? And when ISPs pass on the cost to the consumers, most of whom will not be pirates either, and yet they have to pay. Then there’s the cost to the judicial system, which the government has to pay (which might still get passed to your average non pirating citizen via taxes). If the system works, then the music industry will benefit, so why would it be unfair to ask them to contribute to the cost of such a system, which according to their own estimates, will probably be less than their monthly lobbying spending. Of course, one reason why one might not want to put money towards something like this is that if you knew deep down that it simply won’t work. It might scare a few more people into not pirating, and it forces the government to accept online piracy as their responsibility (since they’re the ones now administering the three-strikes system), but through VPNs and encryption, any monitoring efforts by ISPs can be bypassed, and piracy will still go on. But I think the copyright holders know this, but getting the government to accept responsibility for piracy is probably all they need from this, after which it will make it much easier to ask for things like a piracy tax, basically a government guaranteed income. It’s certainly easier than evolving your business model or anything.

Oppo BDP-80 Blu-ray Player

Back of Oppo BDP-80

The Oppo BDP-80 costs $200 less then the highly rated BDP-83, with some removed features

But changing the business model may be the only way to truly halt piracy, since technical solutions will always have technical workarounds. Radiohead’s guitarist, Ed O’Brien, believes this to be the case, that the music industry needs to stop running “an analogue business model in a digital era”. The digital revolution has been bad for many traditional industries, like the newspaper industry, but I for one thinks that it actually brings more benefit to the music and movie industries. Certainly, DVDs (and now Blu-ray) has been pretty good for the movie industry. But the next step needs to be taken, where VHS to DVD still relies on physical media, the next step would be to move to an entirely digital platform. Physical media means production, transportation and display space and warehousing requirements for retailers. Digital media does not carry any of these overheads. So instead of stocking the top 100 CDs, retailers could easily stock a collection consisting of hundreds of thousands of songs through kiosks. And it’s even easier to do this online, by putting every single song, movie, expired TV show, lost episodes – everything – online and for sale. The obscure then becomes accessible, and anyone wanting to watch an episode of a long cancelled TV show, or a single from a virtually unknown artist from 1965, can do so and copyright holders can benefit, as long as the price it competitively. Instead of trying to sell millions of copies of the same thing to consumers, they can sell millions of different things. That’s the power of digital and the Internet.

High Definition

Let’s move onto HD. Oppo has released details of their sub $300 Blu-ray player, the BDP-80. The cost cutting has been made by removing a video processor, cutting back on analogue outputs and SACD analog output, as well as removing some of the remote control functions like IR In/Out ports and a back-lit remote. Oppo recommends the new player for most people, other than those with the largest screens and want the best possible picture quality courtesy of the on-board ABT2010 video processing chip found on the $500 BDP-83.

Once the player gets released, I’m sure there will be more extensive reviews and video testing to see if the BDP-83 is still work spending extra for.

Gaming

And finally in gaming, the PS3 motion controller has been delayed until just before the Xbox 360’s Project Natal is set to be released. I think Microsoft will be thrilled with the news, since the PS3 motion controller was supposed to have been released in the next few month.

Instead, the controller add-on will be available in Autumn/Fall of 2010, possibly just before the November release date of Project Natal. The Wii-like PS3 motion controller will give a much more accurate than the Wii controller, and coupled with the PS3’s EyeToy, it can give the Wii some competition when it comes to casual games, and the Natal as well in terms of motion controls mixed together with augmented reality.

Despite the recent PS3 successes, Sony is actually suffering quite a bit as price cuts, dropping PS2 sales, and more worryingly, dropping PSP sales have caused a huge $1.3 billion revenue loss from 2008 to 2009. Both Nintendo and Microsoft only experienced negligible losses compared to 2008 ($200 million for both). Most of Sony’s losses stemmed from a $700 million drop in PS2 revenue, which was always going to happen at some point. What Sony had hoped is that PS2 gamers would have moved straight to the PS3, but that apparently hasn’t materialized (not yet, anyway). Brand loyalty apart, there are more options for PS2 gamers to upgrade to compared to PS1 games when they moved en mass to the PS2. The Xbox 360 offers cheaper gaming, while the Wii offers casual gaming that was once served by selected PS2 titles. And in terms of PS2 platform exclusives, many of them are no longer exclusive, and the must have PS3 exclusives are mostly new to the platform (Uncharted, for example). With that said, the new Final Fantasy game is coming soon that may be enough to convince many PS2 owners to upgrade, but once again, it’s no longer a platform exclusive either.

Anyhoo, that’s all I wanted to write this week. Have a nice one.

Game Consoles – NPD Sales Figures – 2009 Year in Review

Thursday, January 21st, 2010

2009 is now over, and we now have enough stats to go back and review the entire year, with focus on the PS3, Xbox 360 and the Nintendo Wii. The stats are from NPD, and are for the US market.

The total hardware sales figures for 2009 are as follows:

  • DS: 11,185,400 – up 12.4% (from 2008)
  • Wii: 9,594,000 – down 5.7%
  • Xbox 360: 4,770,700 – up 0.8%
  • PS3: 4,334,500 – up 22.3%
  • PSP: 2,495,900 – down 34.8%
  • PS2: 1,799,900 – down 28.1%

This is a breakdown of these numbers, for the Xbox 360, PS3 and Wii:

NPD 2009: Console hardware sales breakdown

NPD 2009: Console hardware sales breakdown

If you compare the above graph with the equivalent one for 2008, you can see that overall, the situation is still fairly similar. The Wii domination is still present, although it has lost a small chunk of that pie to the PS3 mostly (the Wii had 55% of the three way pie in 2008, compared to 51% in 2009). The Xbox 360’s market share remains quite similar, with the green piece of pie above representing around 25.5% of the market (in 2008, it was 25.6%). So the quick conclusion is that the PS3 is the winner in terms of growth in 2009, with the Xbox 360 just about pulling even, and the Wii losing out. Looking at the total hardware sales numbers above the graph, this is pretty evident, with Wii sales down nearly 6% for the year. Wii sales has been disappointing for much of 2009, even when PS3 sales were also disappointing at the beginning of the year. It was during this time that Xbox 360 sales were strong, but there was a weak period in the middle for the Microsoft console. The PS3 finished the year strongly, and the Wii even stronger. So while the graph seems to show the PS3 taking away sales from the, the actual series of events was more complicated.

Of course, if there is one event which really defined the year for the PS3 then it came in September when the PS3 Slim was released. More importantly, it was also this time that Sony decided to cut prices for the PS3, to bring it more in line with that of the other two home based consoles. To demonstrate this turning point graphically, it is best to compare sales of the PS3 to the Xbox 360 both before and after the official introduction of the Slim:

NPD 2009: Hardware Sales, Before PS3 Slim/Price Cut

NPD 2009: Hardware Sales, Before PS3 Slim/Price Cut

NPD 2009: Hardware Sales, After PS3 Slim/Price Cut

NPD 2009: Hardware Sales, After PS3 Slim/Price Cut

I think the graphs speak for themselves. Note that it again would inaccurate to say that PS3 took sales away from the Xbox 360, and although there is some truth in that, it isn’t the whole picture. The above graphs are almost exactly the opposite of what happened in 2008, when the PS3 had a good lead over the Xbox 360, but the subsequent price cuts helped the Microsoft console fight back in style. The PS3 “fightback” was less stylish than what happened last year, but the price cut was also more moderate, and the Xbox 360 had Modern Warfare 2 to help with sales.

Now let’s look at game sales. Looking only at the monthly number one titles, here they are:

NPD 2009: Monthly Number One's

NPD 2009: Monthly Number One's

NPD 2009: Monthly Number One's

NPD 2009: Monthly Number One's

Microsoft’s dominance continues on from last year (60.96% back then versus 60.14% in 2009), but the Wii has managed to grab a few more spots, with the a single title that won best selling game of the month for the PS3. Only looking at the monthly number one’s is always a bit misleading, because monthly winners do not always equal yearly winners, and several of the listed titles are not in the yearly top 10. But monthly number ones are important, in that it provides hype and recognition for the console and games that win it. Developers will develop for the console that can allow them to top the monthly and yearly charts. But this is also where we see the big problem with the Wii, that despite having many monthly number one’s, all of them are first party Nintendo developed games. Third party games on the Wii are doing quite poorly and many developers have already signaled their intention to reduce resources towards Wii game productions, which is not good news in the long term for Nintendo. So while Nintendo is making the big bucks, they need to share or end up with a console with a very limited range of in house produced games.

Taking the above approach and extending it to the top 10 games every month, we have the following breakdown in terms of game units sold:

  • Wii: 22,600,500 (43.65%, up 523,400 from 2008)
  • Xbox 360: 20,425,300 (39.44%, up 1,500,700)
  • PS3: 8,756,100 (16.91%, up 2,388,900)
NPD 2009: Monthly Top 10

NPD 2009: Monthly Top 10

On the surface, this seems to indicate tremendous growth for software sales in 2009, but software revenue is down nearly 10% compared to the year before. The biggest games of 2009 were bigger than the biggest games of 2008, but everything else was down. But you will also see the Wii domination here, and the software growth for the PS3 as more and more consoles get into people’s homes.

The yearly top 10 will give us an even better picture of where things are, although at the current time of writing, I do not have actual figures for sales, just the ranking, which you can see in the table below:

NPD 2009: Yearly Top 10

NPD 2009: Yearly Top 10

If and when I get concrete stats, I will update this article with them and the related graphs, but even without them you can see the clear Nintendo domination in games. While the Xbox 360 had the top title in Modern Warfare 2 (whereas last year’s top 4 were all Wii titles), it appears that the Wii domination has been extended. The PS3 still has the solitary single game in the top 10. But again, the problem of poor third party games on the Wii is clearly evident, 6 Wii titles and 1 DS title in the top 10 and not a single third party game. Meanwhile, the top Xbox 360 game and the only PS3 game were all third party titles. It’s clear why third party publishers like Activision or EA likes the PS3 and Xbox 360, and not so much the Wii when it comes to counting profits. It is an area that Nintendo needs to work on, perhaps helping third party developers to get more out of the Wii and throw in some more promotion and product bundling.

What the stats that I posted monthly, and what is shown above doesn’t tell you is overall revenue. Gamasutra has these stats here and despite the PS3, Sony is actually the biggest loser of 2009, in terms of revenue. This is because despite positive PS3 growth, PS2 and PSP sales are down 28 and 34% in number of units sold and probably greater in terms of revenue due to price cuts. Sony lost more than a billion dollars worth of revenue between 2008 and 2009, and the market share of the PlayStation brand shrank from 34% in 2007 to 26% in 2009. Nintendo is the big winner, and now controls 50% of the market in terms of revenue, with the Xbox 360 being a small winner compared to 2008, but still losing market share compared to 2007. While Sony may be confident that PS3 growth will eventually replace lost PS2 sales, the PSP is less positive and has not been able to compete with the DS and DSi for sometime now, with the DS/DSi recording the second best set of growth numbers in 2009 . For Microsoft, having only a single home based console, there’s less room to maneuverer and they will hope that Project Natal will be able to grab back some of the market share from the Wii’s casual gaming audience.

So that was the year that was. The economy, PS3 price cuts, and a few selected high profile games (Modern Warfare 2 comes to mind) were the major factors influencing the year. While sales are down compared to 2008, which was a record year like never before, the industry can still be relatively positive and 2009 still represents the best year apart from 2008.

Weekly News Roundup (17 January 2010)

Sunday, January 17th, 2010

December 2009 was a monster month for the Wii, having otherwise suffered a pretty bad 2009 (relatively speaking, of course). You can read all about this in the December 2009 NPD US video games analysis post. The PS3 has been averaging close to a 90% year-on-year increase in sales based on the last few monthly figures, although it’s still involved in a close fight with the Xbox 360. Don’t know if this says more about the popularity of the Slim/price cut, or about how poorly the PS3 was doing this time last year. Probably a bit of both.

In any case, all of this is pretty trivial compared to what’s happened in Haiti during the last week. This is a good page set up by Google that gathers all the information you will need, whether it’s to read more about the crisis, to donate or try to communicate with people you know in Haiti.

Copyright

Starting with the copyright news, Real Networks has lost an anti-trust counter-suit against the MPAA. As you may know, the MPAA sued Real Networks’ RealDVD product, a software that creates a heavily copy protected copy of a DVD that can be played without the original disc. The MPAA won a successful injunction against the sale of Real DVD, but Real Networks hit back with an anti-trust lawsuit claiming the MPAA studios, through DVD copy protection licensing, is operating a cartel and prevents products like RealDVD from existing legally.

RealDVD

RealDVD is another step closer to permanent death, if it hasn't gotten there already

It was always a shot in the dark, so it was no surprise that it missed the mark. The judge explained that no damages could be found from the MPAA’s actions, and that the only damage was being done by RealDVD. Not what Real Networks wanted, and their CEO stepped down, probably not as a result of the court’s decision, but perhaps also not entirely unrelated. So was the judge right in dismissing the case? First of all, a cartel is defined as “a combination of independent business organizations formed to regulate production, pricing, and marketing of goods by the members”. We know that DVD copy protection is so ineffective, that a junior computer science student probably has the ability to break the code in less time than it takes to make a sandwich. And so from a technical point of view, DVD copy protection is useless. But the studios still persist with it, and charges licensing fees all over the place. For something that they know doesn’t work. So instead of acting as a copying deterrent, it’s basically there only for licensing, and through licensing agreements, to prevent people and companies from doing things to the DVD that the studios don’t agree with. And it was with the licensing agreements that they attempt to kill innovative products like RealDVD and Kaleidescape, products that may affect the production, pricing, and marketing of DVDs, and also the studios’ own products like Digital Copy and Managed Copy. And it wouldn’t be like the first time that DRM is used in an anti-competitive way, and even Apple has gotten into trouble in Europe over this very issue. You get the feeling that governments and courts really do not yet understand the full implications of DRM, and its anti-competitive nature when coupled with something like the DMCA, as otherwise the DMCA would never have been passed or there would be provisions in there to force interoperability and to prevent anti-competitive behaviour.

OiNK

OiNK's founder is found not guilty. Nobody saw that coming, honestly.

But it seems not all courts, and juries, can be intimidated by the copyright holders’ usually well (and expensively) prepared cases. Alan Ellis, the founder of the music sharing service OiNK, has been found not guilty by a UK court, despite the website being shut down in 2007. The “Google” defence was used, in which Ellis’s defence claimed that OiNK operated in the same way as Google, by not actually hosting infringing content, but by simply organising the available information. Of course, this is true of all BitTorrent download websites as well, and the same defence did not work for The Pirate Bay. But for Alan Ellis, this is a major victory, and a permanent one, since there’s apparently no more avenue of appeal for the copyright holders, and so the decision will be final. Whether this sets a precedent that will be referred to in future cases, particularly ones in the UK, only time will tell.

With courts being sometimes unreliable, the RIAA wants the FCC to act and make ISPs copyright cops in the US. ISPs disagree, as do digital rights groups, consumer groups, and some business groups. While these groups have been making the right arguments, I’m still somewhat surprised that more has not been made of the implications of allowing private companies such as ISPs to spy on user’s activities and pass on user information onto other private companies for financial benefit. And even if you take away the privacy arguments, there’s still the issue of whether ISPs have the power or the legal knowledge to determine just exactly what is infringement. I know it is common sense in most cases, but we do have police and courts for reason, and that is to prevent private justice being dished out without regulation to guide the rulings and prevent abuse. If the RIAA is given the power to order ISPs to become copyright cops, do you trust them (or the ISPs, who will be fearing lawsuits from the RIAA if they do not comply) to not abuse this power, which effectively can cut off their most important form of communication, which can lead to serious consequences such as the loss of a job or a business.

High Definition

In HD news, more information is slowly trickling out in regards to 3D TV and Blu-ray. To summarise the whole situation, I would say that an active shutter LCD glasses will be used, which will require a display with 120Hz refresh. Now, most TVs have that but what they don’t have, at the very least, is the ability to actually accept a 120Hz signal (most accepts the 60Hz as outputted by Blu-ray players, and then duplicate frames to get to display it as 120Hz). This, plus signal processing requirements and certain display issues, will mean that you will definitely need a new TV, unless it is one of the very few that is stated to be 3D ready. For similar reasons, you will also need 3D ready Blu-ray players, although as mentioned here before, the PS3 should be fine with a firmware update (and this may be true of a few other players as well).

3D Ready Logo Mock Up

A mock up of what the "3D Ready" logo may look like

I suspect as we get closer to the 3D rollout, terms like “3D Ready” will have more meaning, and perhaps some kind of certification and labeling program will be introduced to avoid consumer confusion. So the question many of you may have, and it’s one that I’ve been asking myself as well, is that should you buy a TV now or wait until the 3D ready sets are out. For those in the US, you won’t have to wait long, and if you like plasma TVs, then the new Panasonic 3D line up will be the one you need. The cost of adding 3D compliance to TV sets is probably not all that high, and so I would expect most new models to be 3D ready by the end of the year or sooner. But the real question is do you want or need 3D? That’s a question only you can answer, but my feeling at the moment is that 3D is a gimmick, but one that I would definitely want to experiment with.  So need? No. Want? Maybe. So with that said, if I find a new TV (and I need one) for a good price and I’m in a hurry to buy, then I’ll probably buy it even if it doesn’t have 3D. But I will at least wait until several 3D models are available and then see what the price situation is like, and if there’s no premium on the 3D models (and I don’t expect there to be), then I’ll get one (and then probably spend less than 1% of the time using the TV in 3D mode). If the TV manufacturers do charge a large premium on the 3D models, then I’ll consider that a rip off and buy one of the outdated 2D models on the  cheap.

Speaking of rip offs, how would you like paying $3,500 for a Blu-ray player that only costs $500 (or less). The $3,500 Lexicon BD-30, marketed as a THX certified Blu-ray player, is apparently nothing more than an $500 Oppo BDP-83 with a new outer shell and minor modifications (like a new splash screen when the player loads). The Oppo is not THX certified, but somehow the Lexicon, with practically identical hardware, gets it, which suggest THX certification is little more than handing over some cash to THX, at least in this case. So if you want a THX certified Blu-ray player, without the actual THX logo on the player itself, then I have to throw yet another recommendation towards the Oppo BDP-83.

If standalones are not your cup of tea, and HTPCs with Blu-ray playback are too bulky and noisy for your needs, then Asus may have just want you need. It was only a matter of time before Nvidia Ion enabled Nettops come bundled with a Blu-ray drive and allow you to play Blu-ray movies in these small, quiet systems, and the Asus Eee Box may be the first of many that can do this. They would make ideal home theater PCs, due to the small space, low heat and noise and the usually stylish design of the systems.

Gaming

And finally in gaming, the NPD analysis sort of covers this week’s news items. The reactions from the companies involved are, as always, positive. Nintendo will be happy no doubt having dominated everything in December, having lost a lot during the rest of 2009. Sony is happy because the PS3 is finally selling in numbers that the successor of the PS2 should be selling at. And Microsoft is happy because they managed to get themselves a good lead over the PS3, and will look forward to holding on before Project Natal arrives, and with all the hype the add-on is getting, there’s a good chance that Microsoft will get a bit of the “Wii-effect” when it comes to selling Natal to non traditional gamers.

The other piece of news is that the PS3 3.15 firmware is now a mandatory install, unlike previous firmware updates that have always been optional. This is bad news for those that have been skipping firmware updates fearing that each update increases the risk of their console suffering the dreaded “no disc reading” problem, or the infamous Yellow Light of Death. While I was a victim of a the “no disc reading” problem after a firmware update, I was recently forced to install 3.15 as well, not because it was mandatory, but because I had to if I wanted to play new Blu-ray movies that required a AACS key update. So far, the PS3 is acting normally, and I had a good chance of that happening since the firmware troubles I suspect affects much less than 5% of all PS3s. Nobody knows just how many PS3s are affected of course, and Sony refuses to even acknowledge there is a problem even after being sued over it, and with most PS3s unaffected, fanboys can easily claim everyone who says their PS3 bricked after a firmware update is a liar or just someone who doesn’t know how to use sofisticated [sic] equipment (until it happens to them, of course). What I really should do now is sell my old PS3 and get a new one, which will be easier to sell now that I’ve managed to get the latest firmware loaded on it. You really do have to admire Microsoft’s eventual response to the RRoD problem, even if you can’t exactly admire the design and engineering of the actual console.

Okay, that’s all I have this week. I will be writing a 2009 year in review type of piece for the NPD video game stats, which should be online this week or the next at the latest.

Game Consoles – December 2009 NPD Sales Figure Analysis

Friday, January 15th, 2010

We now have the figures for December, the busiest time of the year traditionally for video game sales. With the economy the way it is, the PS3 Slim and price cut led charge by Sony, and the up to this point fairly disappointing year for Nintendo, all eyes are on the final month of 2009 to see where we are in terms of the industry. The figures are from NPD, a marketing research firm that releases games console sale data every month.

The figures for US sales in December 2009 are below, ranked in order of number of sales (December 2008 figures also shown, including percentage change):

  • Wii: 3,810,000 (Total: 27.1 million; December 2008: 2,150,000 – up 77%)
  • DS: 3,310,000 (Total: 39.4 million; December 2008: 3,040,000 – up 9%)
  • PS3: 1,360,000 (Total: 11.1 million; December 2008: 726,000 – up 87%)
  • Xbox 360: 1,310,000 (Total: 18.6 million; December 2008: 1,440,000 – down 9%)
  • PSP: 654,700 (Total: 16.9 million; December 2008: 1,020,000 – down 36%)
  • PS2: 333,200 (Total: 45.3 million; December 2008: 410,000 – down 19%)
NPD December 2009 Game Console US Sales Figures

NPD December 2009 Game Console US Sales Figures

NPD Game Console Total US Sales Figures (as of December 2009)

NPD Game Console Total US Sales Figures (as of December 2009)

My prediction from last month was:

December hardware sales should be even higher than November’s based on past trend, but with MW 2 still selling in good numbers, it should help the Xbox 360. But I suspect it will be a closely fought race between the Xbox 360 and PS3 for the third place finish, behind the DS and Wii at first and second. Software wise, MW 2 should still be selling well, and should hold top spot, although Wii Fit Plus may make a surprise surge. But in all likelihood, both versions of MW 2 will probably beat New Super Mario Bros. Wii to furnish the top 3 spots. Overall software sales will be down, because it will be hard to beat this month’s figures.

The race between the PS3 and the Xbox 360 was indeed a close one, but one that the PS3 ultimately won, albeit by only a couple of percentage points (the PS3 had 12.62% of the console market, the Xbox 360 had 12.15%). The demand for Blu-ray was obviously higher than the demand for Modern Warfare 2, which did not do as well as I expected, or more precisely, other titles managed to break even more records. And by other titles I mean Wii titles. The Wii is the success story for December 2009, and reversed the trend for the entire 2009 in a single month. It was this hardware led surge by the Wii that helped several Wii titles, the ones that every Wii owner seems to have (and the ones that new owners must buy), that also helped Wii software to surge, taking the top 3 spots comfortably. This is why the second part of my predictions, the software based ones, proved largely to be incorrect, and I, and many others, underestimate the demand for the Wii (yet again, it seems, for another holiday season).

To highlight just how amazing and how against the trend the December Wii numbers are, here are some stats:

  • December 2009 sales of the Wii are 77% higher than that of the same period in 2008, which back then was a record in itself
  • From March 2009 to November 2009, the average growth rate for the Wii was negative 41.2% (in other words, for these nine months, Wii sales were down an average of 41% compared to the same months in 2008)
  • Wii sales for December 2009 was higher than April, May, June, July, August, September, October and November of 2009 combined!

And when you add in the amazing DS numbers, which also recorded year on (record) year growth, it seems Santa managed to bring a big gift for Nintendo, and exactly when they needed it as well.

Of course, the other success story for the second half of 2009 has been the PS3. The price cut and the PS3 slim has revitalized the console when it looked like coming a distant third in the home console wars for this generation. While there’s nothing to suggest the PS3 will dominate like the PS2 of the previous generation, not if Nintendo can do anything about it, but there are signs that it might yet beat the Xbox 360 given enough time. The increasing popularity of Blu-ray, and more importantly, the lower price of the PS3 (which makes it once again able to compete with standalone players, something that it couldn’t do in the first half of 2009), has helped it overcome the Xbox 360’s Modern Warfare 2 led hardware surge. The year on year growth figure of 87% is amazing, but probably more amazing than it actually is, considering how badly the PS3 was selling this time last year (behind the PSP, and half of the Xbox 360). If anything, the PS3 is only starting to sell at the levels that many had expected at this stage of its lifespan, and it had been seriously under performing before the recent changes.

With Nintendo sitting happy at the top, and the PS3 jumping over the Xbox 360, Microsoft might be worried, and they probably are. But that’s only because of the previous successes of the console, making the current numbers, which Microsoft would only have dreamed of at the launch of the console, seem so disappointing. Nobody expected the Xbox 360 to stay ahead of the PS3 for very long after the PS3 launches, not even Microsoft and not after all the RRoD problems. But while monthly sales have only started to lag behind the PS3, it still holds more than a 7 million lead over the PS3 on the console front, and that lead should last for a while yet at the PS3’s current growth rate. And, Microsoft will hope, that when Natal is out at the end of the year, it will give the console enough momentum to see out the rest of this generation, although it will have to ride out 2010 and hope that Sony doesn’t catch up too quickly.

In any case, December 2009 was an excellent month for gaming, the best ever in fact, and managed to easily beat the record breaking December 2008 largely thanks to Nintendo (and with Sony finally doing as well as it’s supposed to). The top 10 game sales also managed to beat the top 10 of December 2008, but 2009 still marks a largely down year compared to 2008. As mentioned previously, the Nintendo Wii surge helped Wii games to dominate the top 10 charts as well. The average new Wii buyer will almost always buy one or all of the following “must-have” titles: Wii Play, Wii Fit (Plus), Mario Kart and the new Wii Sports Resort – and all of these managed to get into the top 10, even if some have been missing from the list for most of 2009 due to lackluster hardware sales. The other consoles don’t really have these kind of must-have games, mainly because that Wii games age much better than their PS3 or Xbox 360 counterparts. Many still say the best title on the Wii is still the bundled Wii Sports, and it’s hard to imagine a game of this age on the Xbox 360 or PS3 that is still played as often. The Xbox 360 version of Modern Warfare 2 fell from the previous month’s record high to something that’s still quite respectable for a month old game, still selling above the PS3 version but by not as much since the PS3 version’s fall was less dramatic. This now means that almost one in three Xbox 360 owners now have a copy of Modern Warfare 2, which is simply amazing (it’s just over 1 in 4 for the PS3, which is still amazing, especially considering that not everybody likes shooters). MW2 was the only PS3 game in the top 10 though, but the Xbox 360 had two more. Assassin’s Creed II sales on the Xbox 360 nearly didn’t drop at all coming into the second month of release, and the semi platform exclusive Left 4 Dead 2 also recorded similar sales figures as last month. Overall, Wii games dominated with 64.6% of the top 10, with the Xbox 360 getting 22.6%, and the PS3 with 8.1%.

Here’s the complete list of the top 10 software sales:

  1. New Super Mario Bros. Wii (Wii, Nintendo) – 2,820,000
  2. Wii Fit Plus (Wii, Nintendo) – 2,410,000
  3. Wii Sports Resort (Wii, Nintendo) – 1,790,000
  4. Call of Duty: Modern Warfare 2 (Xbox 360, Activision) – 1,630,000
  5. Call of Duty: Modern Warfare 2 (PS3, Activision) – 1,120,000
  6. Wii Play w/ Remote (Wii, Nintendo) – 1,010,000
  7. Mario Kart w/ Wheel (Wii, Nintendo) – 936,000
  8. Assassin’s Creed II (Xbox 360, Ubisoft) – 783,100
  9. Left 4 Dead 2 (Xbox 360, EA) – 728,500
  10. Mario & Luigi: Bowser’s Inside Story (DS, Nintendo) – 656,700

January should see huge sales drop across the board, but that’s just a seasonal thing. And as such, it’s very hard to predict the order of things, although I believe the hardware sales ordering will remain the same. On the software front, January will be largely quiet, Mass Effect 2 on the Xbox 360 should do well, and the rest of the top 10 should have a familiar look to December’s. There are some big releases coming in February and March, so consumers can take a breather in January (and save up).

I should say “see you next month” as I usually do, but I will also have a 2009 year in review up in the next week or two, which will go through and summarize the stats for 2009, similar to what I did for 2008 around this time last year. So see you until then.

Update: As promised, the 2009 year in review is now up.