Microsoft, Sony, and Nintendo finally seem to be on the same page when it comes to used games on their new systems.
Microsoft had attempted an always-on digital rights management (DRM) policy that was quickly shouted-down by consumers and trolled hard by competitors.
Publishers, however, have yet to decide a unified public policy for their used content. EA has said that it will not use online passes again as a way to combat used games sales, but it hasn't explained what, if anything, it plans to do instead. Activision, on the other hand, will make no changes to its used game policy; currently they put no restrictions on used games.
Ubisoft senior VP of sales Tony Key told IGN that his company is still trying to parse what platform holders said about the subject at E3. Clearly Ubisoft aims to tread carefully since they have experimented with DRM restrictions in the past with both PC and console titles.
Microsoft's unprecedented quick-change DRM to stop the PR pain at E3 clearly confused publishers who had just received a clear set of rules governing next-gen systems. Ultimately putting the rights of distribution in the publishers hands instead of the distributors would give developers and publishers a lot more power in saying how and who can play their games.