Gamers Rights Law

Activision/Infinity Ward Studios Dustup: THIS COULD BE THE ONE

jaymoffitt — Sun, 07 Mar 2010 21:07:22 +0000

http://www.flickr.com/photos/jorgemiente/ / CC BY-NC-ND 2.0

Yes, the one that hits the mainstream media. Allegedly security called, developers dismissed from their office, power struggles, money struggles, the biggest one-shot in gaming history (bigger than movie Avatar). This could be “THE ONE” that the mainstream media reports on as if it were a movie star or a rock star. Anonymity goodbye? More after the jump…

This disagreement is not about money, this is about power. Within the past month Activision has taken major personnel moves at 3-4 studios they control, and also announced the possibility the next Call of Duty Title (which has always been done by Infinity Ward; all 6 versions) would be a subscription-based MMO.

I’ll provide a couple of links to the core news story; and then I’ll conclude with a couple of my own thoughts as to why THIS IS HUGE!

In sequence:

Security called to Infinity Ward (from Maximum PC)

Lawsuit filed by Infinity Ward (from Kotaku)

Infinity Ward suing for unpaid royalties (from Kotaku)

Activision accused of conspiracy (from Escapist Magazine)

Legal Warfare Break out over Modern Warfare (from Barrons)

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Now, to the commentary part. This isn’t about money. This isn’t about whether Activision is paying a king’s ransom (which I’m sure they are) to keep the developers happy. This isn’t about whether the developers are giving the best efforts to produce a good product and other good products for Infinity Ward and Activision (they obviously have, and obviously have done that… in a groundbreaking fashion). As pointed out in the Barron’s article, this is about control. Control of the Future of THE BIG ONE, THE ONE THAT CHANGED EVERYTHING.

This is parallel in the Gaming Industry to the legacy fights over the Tolkien books, to the final editing fights about “The Godfather” between Robert Evans and Francis Ford Coppola; this is parallel to the “Palimony” case in the 1970s in California. THIS IS THE BIG ONE.

Drama, Security Called, The biggest retail gaming franchise launch (by far) in gaming, and entertainment history, and now this? All the mainstream media, not just Joystiq, Gamasutra, G4, and the other gaming magazines, but Barrons, the Wall Street Journal, the LA Times, and yes, even Newsweek, the New York Times, and CNN and Fox News will have their say about this. Ladies and Gentlemen, this is the one that changes everything and “Gaming” will no longer be a niche industry; behind Movies, Publishing, and Network TV.

Jay Moffitt is a Tennessee attorney. This blog is for entertainment and educational purposes only and does not consitute legal advice or create an attorney/client relationship. Jay Moffitt is not certified as a specialist in this area by Tennessee and Tennessee does not certify specialists in this practice area. All comments will be answered promptly and courteously as long as they are germane to the discussion and do not contain specific game names or incidents.

Rock Band Network: A new kind of music law?

jaymoffitt — Tue, 02 Mar 2010 18:38:38 +0000

Flickr photo: http://www.flickr.com/photos/marfis75/3867466806/sizes/o/ under Creative Commons copyright.

It’s been hundreds of years since any new type of music notation has been developed. Is the submission system of Rock Band Network (uploaded and put into the game) a new type of multimedia music notation? Well, even if it is, it must work within the framework of the copyright system as it exists. Here’s the nutshell version of how it works, legally and technically.

1) The legality for the user, here’s their agreement for RBN – incorporated from the main Web Site http://www.rockband.com:

“The contents of these Sites, including all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Sites, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, “Material“), are the property of the Parent Companies, and their Affiliates, and any of their successors and assigns, and any of their respective licensors, Advertisers (as defined below), suppliers, and operational service providers and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term “Site” includes “Material” as well. The Sites are to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes.”

Of course I go crazy if an analysis to an Agreement doesn’t reference the jurisdiction: “This Agreement and your use of the Sites are governed by, construed and enforced in accordance with the internal substantive laws of the State of New York (notwithstanding the State’s conflict of laws provisions) applicable to contracts made, executed and wholly performed in New York, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of New York and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise.”

And a little kicker at the end: . “IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.”

2) A shorthand version of the payment system; from third-party vendor Authority Music:

“This is a synch download, so if a record label owns the masters (if they paid for the recordings), you would need their permission to use the songs in Rock Band. The Download Royalty income would be split between the label and the copyright owner/publisher. Usually the label splits their cut with the artist. The specifics however depend on your deal with the record label, so you would need to check your recording contract. If you (the Artist) own your own masters – you will make more money”

The official version, from http://creators.rockband.com/royalty_schedule “Each quarter, Microsoft (or its provider) will pay the person or entity who submits the track and consents to the Program Terms (the “Submitter”) a royalty in an amount equal to 30% of the MS Points Remittance Rate”. So that’s a 30% royalty rate for the owner; if you split that with your record company then obviously that will be reduced (50/50 for instance would be 15% for you).

3)The technical version of how it works, from http://www.midi.org, - and you’re not alone if it is a little intense:

“Prepare .WAV stems (submixes) of your song, isolating parts such as kick drum, snare, guitar, bass, and vocals. In addition, you’ll need to make some support files, such as a dry (unprocessed) version of the vocal to generate lip sync. Harmonix provides detailed directions on its Mix and MIDI Setup page. Using Cockos Reaper (a multitrack recording and editing program) and some free authoring plug-ins, create MIDI cue events for the notes in your stem tracks. You can get all necessary software on Harmonix’s download page. Load your audio and MIDI files into Magma (another free program from Harmonix), add background information such as song name, artist name, and price, and export a Rock Band .RBA file. Load the .RBA file into an Xbox 360 and test your song for playability. (This requires Xbox Gold and XNA Creators Club Premium memberships.) When you’re satisfied, upload the file for the Rock Band Network community to evaluate. Tweak as necessary until it’s approved for sale.

Rock Band Network has a detailed FAQ at http://creators.rockband.com/docs/FAQ#Authoring. For a shorthand version; here are the required tracks to author, from http://www.tunecore.com (Tunecore a third-party vendor, so it is not an official version but it is a condensed version of what a vendor may require to assist you)

A total of nine Audio Stems are required for the Authoring process. Specifically, you will need an individual Audio Stem for each of these:

1. KICK* – Kick Drum: Mono.

2. SNARE* – Snare Drum: Stereo with any effects.

3. TOMS* – Stereo: For reference when authoring.

4. DRUMS* – Kit Mix: Stereo, cymbals, rooms etc. (including Tom tracks).

5. BASS* – Playable Bass Part: Stereo.

6. GTR* – Playable Guitar Part: Stereo.

7. VOX* – Playable Vocals Part: Stereo with effects.

8. TRACK* – Any music not already part of a stem, (incl. background vocals): Stereo.

9. Reference Dry Vox*: Mono 16k (Lead Vocal File with no effects) This file is used for a vocal reference, not for playback.

Good luck with all this information. I hope this helps someone out. Of course, with any endeavor involving money and one or more third parties, you may need to involve an attorney if enough money is involved. That’s your personal call.

Developer’s Corner (Nondisclosure Agreements)

jaymoffitt — Wed, 24 Feb 2010 18:23:00 +0000

Many, if not most beta programs for new MMOs require users to sign a Nondisclosure Agreement to play the game. But a recent major Beta program did not require this. (according to story on Big Download). I’m going to cover just a few of the pros and cons of having a NDA for a beta program on your game release.

Now keep in mind this is for your game’s beta testers. Typically, the game should be 80 to 90 percent complete, with no functional issues and only minor interface or playability problems.

Pros: First, there appears to be no common law or state law protections against speaking ill about a game, denigrating it in online forums, or attempting to show how easily a product can be “gamed” or “cheated”. That’s one reason the NDA must have a confidentiality obligation between the developer(s) and the tester, and should preferably state that bugs should be reported as part of a beta-tester’s duty (and explicitly forbid disclosure of those bugs to outside parties).

Next, Reverse engineering, or ”breaking the code” as to how a program works. http://kfsone.wordpress.com/2006/05/09/interview-with-kfs1/ (Probably not a violation of NDA). But the more hard-core gamers, or specifically programmers or game engineers that participate in your beta, the more likely one or several of them can, if they wish, be able to duplicate a particular function or effect of your game.

Cons: Gamers believe it is an attempt to curb their freedom of speech. (Blog post by 2404 blog). This article, which you should really read in its entirety, claims NDA are cynical attempts to stifle discussions about poorly-made games.

Some users are critical of the time frames. Read this article at Workbench that talks about the length of time that the Dungeons and Dragons beta is effective for. (Hint: forever)

Peripheral mention of NDA in this article from Techrepublic about beta testing. Whether it is a “marketing-based” beta program might influence a slightly softer and more conciliatory tone in the language of the NDA.

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External Link: here’s a resource that contains some blank NDA forms as well as basic explanations….

If you’ve read a lot of attorney blogs (I don’t know that’s true because most of my readership is actually developers and gamers rather than other attorneys) you’ll note not a lot of attorneys have pro/con about certain agreements. That’s because I really don’t care one way or another if you choose to use a NDA or my services. There are pros and cons, and you have to decide if you are willing to risk a little alienation (or ridicule) from your beta-testers in order to protect your hard-fought code. If you decide that you’d rather spend a little cash on the front-end and save your resources for other fights later, you’ve got my email address in the link. Similar to many who read my column regularly, I hate to talk on the phone and do most of my conversations from the keyboard. (15 years ago that made me a decided outsider, but I’ve found it’s a lot more common today).

Attribution for the photo:

http://creativecommons.org/ns#” about=”http://www.flickr.com/photos/lightmatter/95600250/”> rel=”cc:attributionURL” href=”http://www.flickr.com/photos/lightmatter/”>http://www.flickr.com/photos/lightmatter/> / http://creativecommons.org/licenses/by/2.0/”>CC BY 2.0

Mass Effect 2 – I need glasses

jaymoffitt — Wed, 17 Feb 2010 17:24:37 +0000

First of all, the statement from Mass Effect 2 publisher: “Responding to user complaints on the matter on the developer’s forums, BioWare’s Michael Gamble writes, “I’ll have to talk to Casey about this (as any way to address it would have far reaching changes in the game), but please don’t expect any decisions or a fix in the near future (as we are supporting a number of issues at this time). This was a design choice, not a bug.” The rest of the story after the jump.

You can find this quote on the Kotaku story as well as the one below.

Here is the full story on Ars Technica. My favorite quote: “many playing the game are having problems reading the text. The problem is most acute for those with standard-definition sets or those with smaller high-definition televisions.”

The question that would logically follow is: what percentage of homes have HD Televisions; is it a necessity for a next-gen game?

The figure used in some of the information regarding the game’s install base is that 53% of homes have HD TVs. But a follow-up query would be is that the main gaming TV, or is a secondary television used for the next-gen gaming? Other figures have been put out there as well. An interview with Epic publisherMark Rain in Eurogamer said “ My point is, of the systems that are out there now, the majority of them aren’t plugged into HDTVs.”

Other stories out there, see the blog TV, lamps and bulbs, report the HD penetration at 46%.

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Now, back to the bigger question… should there be a warning on the box? A note, a sticker? Or even, (dramatic pause) an opportunity to return the game if you can’t read the words in the game?

First, no suspense, there’s no way it’s a returnable “defect”. It’s like returning that new foreign sedan for all your money back (not trade-in value) because the DVD player is a single and not a three-DVD player. The words are, for most of the players playing the game, a supplement to the gameplay experience and not a deal-killer.

“What is or is not “fit for [its] ordinary purpose” within the meaning of UCC § 2-314(2)(a), (c) has proved, in the main, to be an issue of ordinary understanding.”, this from the Lexis/Nexis study guide on product liability.

Now, we are not dealing with injuries, harm, or actual damages outside of making gameplay uncomfortable. And it is true that product liability is NOT an exact match with whether one should get their money back on a product. But the ideas are parallel and the customer, though not always right, should remain the ultimate high thought in the seller’s mind.

What about a warning, a sticker? The Restatement of Torts states: “The Restatement (Third) § 2(b) characterizes a product as “defective because of inadequate instructions or warnings when the foreseeable risk of harm posed by the product could have been reduced or avoided by the provisions of reasonable instructions or warnings[.]” This is from Lexis/Nexis study guide on Product Liability.

Now, there have been literally hundreds of cases decided based on this narrow section. I have no foresight as to how Bioware might decide on how to handle this matter…. but the law makes it at least a “close” case. And from a common sense standpoint when it’s close it is good customer service to at least pursue the possibility of a public warning, statement, or sticker on the packaging.

Your thoughts, please. To many it’s not an important issue, but it is the biggest January release in video-game history, and according to chart has outsold any other game six-to-one. So there’s a lot of standard-def attention on this issue, and I hope I’ve given this a high-def inspection in this short article.

Avatars United Acquired By Linden Lab

jaymoffitt — Sat, 13 Feb 2010 20:00:14 +0000

This happened this week, as reported by VERN. I liked their quote, “Avatars United can be described as a sort of “Facebook for avatars”, complete with a third-party applications ecosystem.” On the Avatars United Website you can see over two dozen worlds/games that are represented. After the jump, I’ll get further into questions about the integration of these sites with real-life social networks.

For your information, just a snippet from Avatar United’s Terms of Service: ”Subject to the terms of our Privacy Policy, by transmitting or posting any User Submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, worldwide and fully sub-licensable and transferable license to use, reproduce, modify, adapt, publish, sell, assign, translate, distribute, prepare derivative works of, display in any form, media, or technology, whether known or hereafter developed, alone or as part of other works, perform the User Submissions in connection with the Avatars United Website and Avatars United’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Avatars United Website (and derivative works thereof) in any media formats and through any media channels.”

In other parallel acquisition news, IMVU (avatar-based chat) announced acquisition plans with Zoosk. The full story here at Virtual World News, which lists the process as ” IMVU users over 18 just click the “Dating” link under the Community tab in IMVU and create their dating profile. Then they’re off. ” Simplifies things, heh?

Just a quick question for the developers of these games…. what are you doing, exactly? Is it just me (feel free to comment) but many of us are in online worlds to ESCAPE from the offline worlds. We aren’t visiting the games dragging in our real-world friends; we’re visiting the games to find more interesting friends… and to be a more interesting friend ourself. Many people I read seem to feel this is a slippery slope integrating the offline worlds more closely with the online worlds. It’s like going to a party and “the boss” being there, or a friend you owe money to. Is there no place going to be left (Even Second Life and IMVU) where you don’t think, “Why don’t I make this more real and find out this person’s real likeness; or even city and occupation? Might your healer be in real life a petty thief, or your petty thief a doctor? Do I want to know? Is this just me? Really?

For more serious considerations, think about this: Do these use the same terms of service? Do you have to “approve” the Terms of Service when you click-through to the other service the first time? Every time? If not, why not? Does it give notice just because you KNOW that they are associated in some fashion? What if you do not know? I think they will, especially as they go through the beta phase, reach some sort of “entry page” that forces you to acknowledge that you’re using the other site subject to their terms of conditions.

Update on articles about virtual worlds

jaymoffitt — Mon, 08 Feb 2010 16:35:45 +0000

I am currently “shopping around” for online and local forums that would like to hear me speak about Gamer’s Rights and how it is changing the conceptions of license agreements and forums rules.

Meanwhile, today’s post centers on the great work that other lawyer-bloggers are doing, as well as a few professional papers I recommend you MUST read.

The one you absolutely must study is The Global EULA, by the lawyers at Sheppard Mullin. I really felt like breaking down the article or doing my own synopsis, but instead, go there, read it, consider it. Beautifully done.

Other great articles I have found after the jump……

Recently I posted about the separation of work and play. Great article about hiring practices entitled “Facebook and Privacy” in the Minneapolis Tribune. It discusses pre-employment checks of Facebook pages by employers. My favorite quote: “35 percent found something that caused them to not hire the candidate.” In my mind this is a soon-to-be-exploding area of practice, based on disappointed job-seekers.

Mumbo Jumbo games won a victory over casual game-manufacturer Popcap Games in a lawsuit. Here is the link to the original complaint, (via Courthouse News), and the full story on Gamer/Law(UK). (note: I read almost a dozen summaries of the case, and this British one was the best by far). My favorite quote: “a jury… agreed that PopCap breached the contract when it went behind MumboJumbo’s back and decided to market and sell its games on its own.” (from the MumboJumbo PRNewswire Story). Popcap vehemently denies the claim, and by all indications may choose to appeal.

Yale School of Medicine receives a large grant to make a vide0-game/simulation for children 9-14. Full story here… usually I would save this for my education/grants posting, but $3.9 million is just too large a number to postpone posting this, it is reportedly a game to teach children how to avoid HIV-causing behaviors(sex/drugs/alcohol). Follow-ups posted here as the national news catches up.

As far as important scholarly papers go, I would like to mention The Fair Labor Standards Act in Cyberspace. Please cite as Cherry, Miriam A., Working for (Virtually) Minimum Wage: Applying the Fair Labor Standards Act in Cyberspace (November 4, 2009). Alabama Law Review, Vol. 60, No. 5, pp. 1077-1110, 2009. Available at SSRN: http://ssrn.com/abstract=1499823.

Making Work more like Games

jaymoffitt — Thu, 04 Feb 2010 15:44:10 +0000

And then I woke up. That’s the way this thought usually goes. But there are new and emerging studies, programs, and anecdotal evidence that this can become reality.

Great article about making serious games work for business, from Clark Aldrich, who writes well and often about this subject.

Further thoughts and related links after the jump……

Turning Work into Games is a good discussion by the excellent resource H+ magazine.

Microsoft Office has a new game to allow you to learn the program.

First of all, work isn’t play. There are rules, and you can’t QUIT if you just get bored. And what if the game is not one you like; for instance if you like first-person shooters but your workplace is a strategy simulation, for instance. It sounds out of line, but seriously, think how many times you liked a game, an online game or group, and then just left because of just one person. (Seriously, that’s not just me, right?) If you insist on using gaming as team-building and incentivising in the workplace here’s three for the B(usiness).

1. Update your employee manual to reflect the organization’s relaxed stance. For instance, if you encourage Facebook groups to market your business and your brand, make certain the words “directly workplace related internet activity is sanctioned” from your Employee manual. People won’t participate if they have to check incident by incident with upper management to see if they’ll be disciplined.

2. Understand the personality of your workplace. Don’t use training that’s “over-the-edge” just because it’s trendy if the age or the attitude of your workers will be offended or just downright unresponsive.

3. Try to be age-conscious, without being ageist. I’m in my 40s and still play games, but many people in their thirties feel any type of game-playing is counter-productive to the work environment. And remember conversely, there are many who are OCD about games, and can’t quit after just one session of one hour or so (one hand slowly raises……………………….)

Developers Corner – Perspective and Structure

jaymoffitt — Tue, 02 Feb 2010 14:14:13 +0000

A lot of recent litigation activity lately, and I’ll try to link to it as the week goes on. However this is a long overdue post on how a developer uses perspective (his or her own) to make their world, and how the structure guides the course of that world.

Ten Things a Game Should Have from the Blog “I’m Talking Games”.

Innovation in Games from Keen and Graev’s gaming blog.

Mapping Perfection: talking about user-created maps in games. Escapist Magazine discusses their place and their use.

So, basically, these three articles cover first, the basics a game should have, second, the innovation a game CAN have, and third, the user-created input that a game MIGHT have.

So when will games be ready for a “warranty of implied merchantability for a specific purpose”? Were people hanging around outside Henry Ford’s offices in in 1928 saying their car did not meet their ideas of what the “ideal transportation model” would be? How about 1938? Is this a silly question? Is it a silly question because the software industry feels it is the only industry that can still (after thirty-some years of making money from consumers) say “if it is opened, you can only exchange it for the same software”?

Do you believe there is not a basic standard of usability that a video game must live up to? How about online MMOs? If not now, when?

Comments welcome and expected.

Are lawsuits taking the fun out of gaming?

jaymoffitt — Tue, 26 Jan 2010 16:33:33 +0000

Just a gentle reminder; I was a gamer a long time before I was a lawyer. Every day I (like many of you) read a lawsuit notice that seems so patently absurd that as a fellow lawyer I wince. Lawsuits that I’m sure 10 lawyers may have turned down before 1 took it. Non-lawyers need to remember; a lawsuit can be turned down by 10,20, even 50 lawyers, but if a person feels he/she has been wronged, it only requires 1 lawyer to file a lawsuit for it to become public record, make the papers, and usually make people say “Lawyers will sue over anything.” Mind you, sometimes it is a meaningful cause that only one lawyer is brave enough to take… but sometimes it can be simply ludicruous. Not here to apologize for lawyers in toto (that’s above my pay grade, as the saying goes) but a caution to non-lawyers out there that most attorneys (such as myself) would rather turn down 3-4 chances to file a lawsuit waiting for something that is truly valid and will result in a substantial monetary judgment/settlement for a client.

Here’s some other thoughts about taking fun out of gaming.

Player Perspectives: Is it Time to Quit, a good article from MMOPRG.com My favorite quote is “The MMO Industry doesn’t want you to quit, of course. It makes money by your loyalty to its game styles and brands, just like any other entertainment business.”

Respecting your Players at the excellent gaming blog “Eating Bees”. (Yeah, I sometimes wish the Bar would let me name a legal blog something really cool… ain’t gonna happen though). My favorite quote from this insightful article is ” I took this job because I thought the product was worth believing in, and because people are pretty much people no matter what the topic is. But having deep, sincere respect for what it is that my players love is going to fuel me for the long haul.” It’s a reminder there are, and will always be, a lot of developers, moderators, and administrators in the video-game and online game business who treat it as more evangelism than simply business. Thanks to them!

Sunk Costs, Pre-orders, and Game Over at the deep-thinking blog “The Psychology of Videogames”. It talks about the reasoning behind following “good money after bad” in a video-game purchase. My favorite quote is ” Robyn M. Dawes even describes in his book Rational Choice in an Irrational World4 how this is pretty much the same logic that a heroin addict would use to avoid treatment before reaching rock bottom. Yeah. Think about THAT. ”

Maybe I’m alone in thinking of an insidious “long-tail of excessive-lawsuit fever”; known forevermore as Lota Elf. I’d be interesting in hearing from developers if they’ve ever scrapped a cool feature of an online game because of worries over possible litigation, or if an online community administrator decided to shut down an otherwise pleasant community because of one or two “dangerous characters” who were repeatedly threatening lawsuits over one topic or another. Remember, it’s the game that doesn’t get made, or the really cool “wave of the future” mod/add-on/enhancement that we will never miss because we never meet (sorry for the chick-flick reference!).

Rock Band Network launches

jaymoffitt — Wed, 20 Jan 2010 21:05:15 +0000

According to an article on the WSJ.com, today is the day.

Well-done piece on the technical and financial aspects of uploading your own band’s tracks to be sold on the Rock Band Network. 30 cents is not as good a deal per dollar as Itunes, (50 cents?), but then again the competition is less.

Here is the official site from Rock Band Network. Obviously a lot of effort is required to make the leap from sheet music to a fully rendered song (video/art/lip-sync/different-difficulties) but the explanations are fairly detailed. Quite naturally a cottage industry has sprung up to “assist” (for a fee) the indie artist to alert the masses of their stardom.

This company will assist your band; listed here strictly because of a really great synopsis of the steps to get a sheet music set-up fully ready to be played fully in Rock Band.

Here are the Terms of Service if you wish to upload a song from your band.

A full listing of companies that did the certified training by Harmonix can be found here.

Now if you don’t think this is huge; think of this….. can you think of a greater change in musical notation in the last 300 years??????????????????????????????????????????????? I’m serious; if you know of an intervening notation/upload system in the last couple of centuries, comment below! Here are three excellent articles about this subject, from Wired; and Kotaku, and from Edge-online.

Here is an older article from Gigaom which gets to the nuts-and-bolts of how Rock Band Network works, and it’s potential.

Just on a related note, here is the link to the PSN blog, which explains the latest update and how that helps Rock Band players. A procedural note about the uploads, they will not be allowed to be downloaded until there is “sufficient content”. Just like with regular DLC, the PS3 content would be available a couple of days after Xbox, and Wii (through Wiiware) sometime later.