The Xbox One was never going to save videogames from themselves

If anything, it was putting off the difficult decisions still further.

Microsoft's decision, now aborted, to severely restrict the use of second-hand games on the Xbox One sparked massive criticism – but also its fair share of defenders.

The most common defence was focused on the cost of making so-called AAA titles. Take Penny Arcade Report's Ben Kuchera:

It needs to be made clear, if all the studio closings and constant lay-offs haven't made this explicit: The current economics of game development and sales are unsustainable. Games cost more to make, piracy is an issue, used-games are pushed over new, and players say the $60 cost is too high. Microsoft's initiatives with the Xbox One may solve many of these issues, even if we grumble about it. These changes ultimately make the industry healthier.

But it's a defence which rings hollow. In other industries facing the same problems, massively anti-consumer moves didn't lead to trickle-down benefits; instead, they made it harder for consumers to use their purchasing power to force publishers to give them a better deal. Compare and contrast, for instance, between the movie and music industries. The lack of copy-protection on CDs meant that there had to be a genuine value proposition when it came to buying music digitally, leading directly to the world of Spotify and Last.fm. The same was not true of DVDs, which couldn't be ripped and so presented no real competition with gouging download services. (Yes, this analysis is obviously over-simplistic, but it gets to the kernel of the problem)

Firms do not sit down and decide on a certain level of profit which they want to make, and pass any excess down to the customer. Instead, pricing decisions are made essentially separately from facts of production: the price is set to maximise revenue. That's true even if we accept the assertion in Kuchera's piece that games are getting so expensive that studios can't afford to make them with the revenue they're getting.

But there is one way in which the new model – specifically, one without used game sales – could be beneficial to gamers. Writing for Edge, developer Adrian Chmielarz details one game designer tactic to boost profit:

And, you know, just like salesmen and gamers are great optimizers, so are the developers and publishers. A good few years ago, a mantra was born: “…so they keep the disc in the tray”.

That is… how filler content was born. Far Cry 3 is not a better game because you need two boar hides to craft a simple rucksack item, but it certainly is longer. For some game players, length equals value. But then somehow the same people often do not finish such a game (industry standard is about 25 per cent). They put it back on the shelf, promising themselves that they will finish it one day. Most of the time, they never do. But the important thing for the publishers is: the gamers hold on to the game, they’re not selling it, all is good.

This is how artificial extenders were born. The hardest difficulty is inaccessible on your first play-through not just because the developer wants to stop you from making a mistake. It’s so you replay the game at least one more time and double your play time. And if you don’t care about that? Hey, there are always achievements to collect, right?

In other words, a trend in game design has been to purposefully create games which keep the player from feeling a true sense of fulfilment or closure, because that sense can also cause the player to think they're done with the game.

But at the end of the day, financial motivations only drive the actual games made to a certain extent. Long before "pre-owned" was the bugbear of the industry, interminable collection quests were extending the length of games (I had 150 pokémon in Pokémon Red. I am still proud of this.) but not adding much extra joy to playing them. And even now, as the commercialisation of the gaming world hits new highs, a few big budget games are being released without DLC or artificial extenders – typically by companies like Nintendo, which seem to have an admirable/foolhardy separation between creative and commercial wings.

If commercial pressures can save the video game industry from itself, then they aren't going to come by limiting the freedom of customers. It'll be the exact opposite: only once publishers are forced out of the complacency of knowing that they can carry on going pretty much as they always have done will they start learning the lessons which need to be learned.

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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After Article 50 is triggered, what happens next?

The UK must prepare for years, if not decades, of negotiating. 

Back in June, when Europe woke to the news of Brexit, the response was muted. “When I first emerged from my haze to go to the European Parliament there was a big sign saying ‘We will miss you’, which was sweet,” Labour MEP Seb Dance remembered at a European Commission event. “The German car industry said we don’t want any disruption of trade.”

But according to Dance – best known for holding up a “He’s Lying” sign behind Nigel Farage’s head – the mood has hardened with the passing months.

The UK is seen as demanding. The Prime Minister’s repeated refusal to guarantee EU citizens’ rights is viewed as toxic. The German car manufacturers now say the EU is more important than British trade. “I am afraid that bonhomie has evaporated,” Dance said. 

On 31 March the UK will trigger Article 50. Doing so will end our period of national soul-searching and begin the formal process of divorce. So what next?

The European Parliament will have its say

In the EU, just as in the UK, the European Parliament will not be the lead negotiator. But it is nevertheless very powerful, because MEPs can vote on the final Brexit deal, and wield, in effect, a veto.

The Parliament’s chief negotiator is Guy Verhofstadt, a committed European who has previously given Remoaners hope with a plan to offer them EU passports. Expect them to tune in en masse to watch when this idea is revived in April (it’s unlikely to succeed, but MEPs want to discuss the principle). 

After Article 50 is triggered, Dance expects MEPs to draw up a resolution setting out its red lines in the Brexit negotiations, and present this to the European Commission.

The European Commission will spearhead negotiations

Although the Parliament may provide the most drama, it is the European Commission, which manages the day-to-day business of the EU, which will lead negotiations. The EU’s chief negotiator is Michel Barnier. 

Barnier is a member of the pan-EU European People’s Party, like Jean-Claude Juncker and German Chancellor Angela Merkel. He has said of the negotiations: “We are ready. Keep calm and negotiate.”

This will be a “deal” of two halves

The Brexit divorce is expected to take 16 to 18 months from March (although this is simply guesswork), which could mean Britain officially Brexits at the start of 2019.

But here’s the thing. The divorce is likely to focus on settling up bills and – hopefully – agreeing a transitional arrangement. This is because the real deal that will shape Britain’s future outside the EU is the trade deal. And there’s no deadline on that. 

As Dance put it: “The duration of that trade agreement will exceed the life of the current Parliament, and might exceed the life of the next as well.”

The trade agreement may look a bit like Ceta

The European Parliament has just approved the Comprehensive Economic and Trade Agreement (Ceta) with Canada, a mammoth trade deal which has taken eight years to negotiate. 

One of the main stumbling points in trade deals is agreeing on similar regulatory standards. The UK currently shares regulations with the rest of the UK, so this should speed up the process.

But another obstacle is that national or regional parliaments can vote against a trade deal. In October, the rebellious Belgian region of Wallonia nearly destroyed Ceta. An EU-UK deal would be far more politically sensitive. 

The only way is forward

Lawyers working for the campaign group The People’s Challenge have argued that it will legally be possible for the UK Parliament to revoke Article 50 if the choice is between a terrible deal and no deal at all. 

But other constitutional experts think this is highly unlikely to work – unless a penitent Britain can persuade the rest of the EU to agree to turn back the clock. 

Davor Jancic, who lectures on EU law at Queen Mary University of London, believes Article 50 is irrevocable. 

Jeff King, a professor of law at University College London, is also doubtful, but has this kernel of hope for all the Remainers out there:

“No EU law scholar has suggested that with the agreement of the other 27 member states you cannot allow a member state to withdraw its notice.”

Good luck chanting that at a march. 

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.