Gamers Rights Law

HACKED! (PSN Network)

jaymoffitt — Thu, 28 Apr 2011 03:01:19 +0000

http://www.flickr.com/photos/elbragon/5455939124/sizes/m/in/photostream/ From Creative Commons license attribution required.

Only a couple of days after revealing a data breach, Sony has been sued over that data breach. Story after the jump….

Here’s the definitive links to the story:

Sony faces lawsuit and Regulators scrutiny; (Bloomberg)

Some response from Sony (The Register)

What steps you should take as an PSN User (WSJ blog)

What total monetary cost could be; including European considerations (MSNBC)

Here are noted game-mags take on the situation:

When PSN returns, will my trophies return too? (G4 TV blog)

Sony’s FAQ broken down simply: (Digital Spy)

The PC World take (PC World)

How PSN network will re-open and require changing passwords: (Joystiq)

Sony sued; how it’s setting up thus far (Gamasutra)

PDF of the lawsuit filed in Alabama

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A little bit of legal commentary. First days, it’s difficult to judge how long or successful a lawsuit might be. But an admitted 77 million users compromised is a staggering number. On the other hand, this group “Anonymous” has seemingly hacked any large database they’ve put their minds to (Or maybe they’ve tried thousands and you only hear about the one they’ve been successful on?)

But this lawsuit is a complicated tangle of expectation of privacy, credit card security, even data protection statutes from Europe. The Sony PSN agreement of course protects them against claims of data theft, but the lawsuit will necessarily claim gross negligence which negates the contract language.

More updates on this later, as how it turns out continues to be a Mystery…

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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.

Recent updates in Gaming Law

jaymoffitt — Fri, 01 Apr 2011 03:50:21 +0000

Photo via flickr Attribution required license; http://www.flickr.com/photos/pumpkincat210/

The latest in ongoing video game lawsuits….. Content after the jump….

Axl Rose gets OK from CA judge to continue lawsuit against Activision. (From chartattack.com); Filing docs via radaronline.com

No Doubt given permission by three-judge “en banc” panel to continue suit against Activision, (Band Hero 5) (From LATimes Entertainment Law Blog)

NEW LAWSUIT: An original creator of Madden Video Game sues for royalties. (Court docs here, via courthousenews.com) Looking forward to more on this soon.

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Asian video game law links (reference only)

jaymoffitt — Thu, 03 Feb 2011 15:18:17 +0000

Photo used per Flickr, Creative Commons Attribution required License. (http://www.flickr.com/photos/throwherinthewater/870271841/)

(Will Defending the Homefront Mean being Anti-Asian?) From Gamelanguage blog. Other relevant Asian links follow the jump…..

(Article attempting to decribe “the Chinese national character”)

Attempting to understand fear in Japanese Horror games (Begsoniancritique.com)

Jimmy Lee China’s War Beyond Azeroth (Gamasutra)

The Challenges of Localizing Video Games (Gamasutra)

Valuing NGMOCO; from Don Rogers Law Blog

(Culture plays a bigger role than you think) VentureBeat

(Social Gaming in Asia)

(Softpedia) Japanese Developer Talks about Cultural Differences

Purely professional links on the cultural differences.

(Beyond Intractability) Culture Negotiation

(Terranova: I Say Tomato)

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Sony sues Geohot

jaymoffitt — Thu, 20 Jan 2011 18:53:53 +0000

Image courtesy of Cosima’s Digital Designs on Flickr; http://www.flickr.com/photos/phattatz/4501470765/sizes/l/in/photostream/. Creative Commons attribution required.

Sony sought a temporary injunction against the jailbreak, supposedly authored by a blogger who goes by “Geohot”. His history; and the summation of the case so far is summarized in these links… after the jump.

http://www.informationweek.com/news/security/attacks/showArticle.jhtml?articleID=229000603 Information Week (Sony sues 3 hackers and 100 they don’t know)

http://www.theregister.co.uk/2011/01/12/sony_sues_playstation_hackers/ The Register; U.K.

http://www.wired.com/threatlevel/2011/01/playstation-lawsuit-limbo/ Jan 14; Wired; Judge delays ruling

http://www.gamasutra.com/view/news/32450/PS3_Hacker_Says_Jailbreak_Not_Intended_For_Piracy.php (Claims PS3 Jailbreak not for piracy) Gamasutra

http://www.wired.com/threatlevel/2011/01/playstation3-root-code/ Wired; lawyer’s argument; Jan13

http://www.ibtimes.com/articles/101823/20110117/update-sony-court-docs-show-ps3-hacker-was-in-california.htm# (International Business Times) Court docs show hacker in CA

http://www.informationweek.com/news/security/attacks/showArticle.jhtml?articleID=229000777&cid=RSSfeed_IWK_News (Sony hacker asserts right to alter PS3; Information Week)

http://broadbandbreakfast.com/2011/01/renowned-hacker-playstation-suit-highlights-absurdity-of-digital-copyright-law/ (Broadband Breakfast; link to G4 interview)

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Personal commentary: Obviously being an officer of the court, I’m not going into extended critique of an ongoing case. (Cue up Georgia Sattelites music, etc.) I will say it brings up a lot of interesting issues on both sides. I will follow up on this case as conditions warrant. Comments?

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Free software license(not what you think)

jaymoffitt — Sat, 18 Dec 2010 14:44:54 +0000

Picture from Four-color basic system, role-playing system. Is this an example of a truly “free and open software license”… where a new user can change/alter/improve? Software freedom.. really?

Here’s a couple of more reasoned, and a couple of more radical ideas of the “freedom” of software, after the jump..

http://www.gnu.org/philosophy/why-free.html (Why software should be free… definitely a fringe, but to some appealing, idea)

(Free software) running MMOs

An Enterprise software licensees bill of rights

A software lawyer’s take on Forresters software licensee bill of rights

Interesting examples: Open game license from Wizards of the Coast; D20 games and such (Y’know you’ve got those 20-sided die lying around… I know I do)….. My favorite quote: “Q: I want to distribute computer software using the OGL. Is that possible? A: Yes, it’s certainly possible. The most significant thing that will impact your effort is that you have to give all the recipients the right to extract and use any Open Game Content you’ve included in your application, and you have to clearly identify what part of the software is Open Game Content.”

Follow-up: an anecdotal look at it’s impact explained by an insider (Monte Cook, writer of D&D Third Edition Dungeon Master’s Guide, among other things.)

More followup: The changes in the original Open Game License, from Chris Parmas.

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Personal commentary: there’s a lot of things to consider here. First of all, open game licenses are very anti-corporate-philosophy and therefore rare. However, there is a lot of customer goodwill built up and many creative games have creative players and player-creators. You should read some of the followup stories I’ve listed to see if you, as a potential game-creator, can use this type of license. Is the fandom worth the monetary gain given up? Are there other streams of income you can leverage with your (hopefully) buzz-building from “giving” the rules/strategy/system away instead of copyrighted?

Most of these are board games, or card games. Coincidence? Hardly. These require a much smaller budget and thus much smaller gross income is required to turn a profit. Does that mean more do? Not from what I read. And there’s thousand of videogames put out each decade, dwarfing the smaller RPGs and board/card games as a genre. But how many people still play D&D variants, or Vampire: Bloodlines pen-and paper… can you say the same for Mario Brothers? (OK, bad example). But generally once a platform passes, so do all the games. It’s like writing a book… are you in this for profit or for becoming a legend? Your personal goals dictate whether as a solo entrepreneur you wish to utilize a free-based model or a for-profit model. Just something to think about.

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Community standards: what’s that?

jaymoffitt — Thu, 09 Dec 2010 16:38:10 +0000

Yes, the infamous “Banhammer”.Creative Commons attribution license, Flickr. http://www.flickr.com/photos/powi/519822065/

The standards for banning gamers differ from community to community. But with a recent growing trend of acquisitions, is the standard changing via the takeover company? Should it? Does community standard even have a meaning anymore with worldwide gaming so predominant that you may not even have someone from your country, much less your state, in your gaming group?

Even though some games have different standards for forum banning and game banning, I’m going to group these together and be specific if there’s a known difference. Here’s some starting points from sources I’ve found in the developer or forum communities. (As a special added bonus I’ve noted the recent modding case decision).

From Forumblogger (a website devoted to running good forums), a short guide as to when/why/how to ban members.

From Techland blog, Xbox Users banned from using swastika symbol as avatar. For more, read on…

From Kotaku, “Don’t Ask, Don’t Tell Policy Nixed on XBox 360 Live”.

Somewhat related, from Wired: Trial of X-box modding defendant delayed again…. WAIT.. Federal prosecutors drop case… via Gamasutra

Starcraft 2 users banned, via Computerandvideogames.com

Microsoft bans COD BlackOps users for network manipulation, from Playfire website

Great article from Gamasutra about Website/game localization(squeezing it in here because it fits the topic of “universal” banning standards versus “localized” banning standards.)

OK, this one is for me. (from Bitmob) It’s the rags-to-riches story of a guy who goes from forum poster to full-time employee. (Like Kurt Warner story, but with vid-games).

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Personal commentary: these updates are just a compilation of the recent notable bans and modding decisions. They are presented without comment. My only minor addition to this would be the noting of the severe drop in these types of cases, and that gamers and developers/publishers seem to be getting closer in their idea of what is a “bannable” offense. Comments??

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Music Games; Delete? or just hitting “pause”

jaymoffitt — Sat, 04 Dec 2010 18:25:19 +0000

Creative Commons Attribution license; http://www.flickr.com/photos/myklroventine/3400039653/

(Top photo represents”The Golden Egg”, from The goose that laid the golden egg.)

This is a two-part post. Whenever I’m writing about Music Games, my first thought is: how can I find enough to make this interesting. Second thought: How can I limit the length of this, to KEEP it interesting. First part: Is the Music game genre dying; and then the second part: the negotations to launch, and possible future of band-specific games.

(By the way, if you’re a band looking to do your own video game, or just looking to have some tracks as a secondary income stream: contact me. When you email me I’ll give you my private number… I’ve had to change numbers because of spammers before… that’s why the firm info is not prominent)

(Can Rock Band Save Music Games?), From Eurogamer magazine. Continue reading after the jump…

Somewhat dated, 2009, but still useful article about the history of music games, and how the licensing is accomplished; From Armchair Empire.

Basic, yet well-done podcast by former Megadeth bassist Dave Ellefson about how royalties work; (Yeah, I just wanted to link to something by Megadeth). It’s a good primer, and that gives you a good start to understand how royalties work in Rock Band Network or Guitar Hero.

Sun-Sentinel story about Viacom perhaps purchasing Harmonix (there’s also denials of this). Has great information about the dropping sales of games of this genre.

(From the Jazz Lawyer: Composer writes for Video Games) A great barnyard-to-the-frying-pan methodology of how writing a score for a video game works. (I’m sorry, is that expression too Southern?)

(From Kotaku): Activision chief regrets not making Guitar Hero with Harmonix)

Current news, from Videogamer; Harmonix continues support for Rock Band)

(Songs in Both games, why?) From MTV blog. My personal theory is that the older songs, obviously, are trying for a secondary stream of income. The newer songs, for the most part are bands that have broken up… perhaps the record companies are more “open” to promoting those knowing the members have moved on. If any musicians or lawyers have any other theories or anecdotal information, I’d love to hear it.

Related stories specifically about Band-specific games

2008 WSJ story about Guitar Hero Aerosmith and the large payment for the rights.

2009 Billboard story about the negotiating and technical hurdles of Rock Band Beatles

Forbes has a sardonic look at the Beatles Rock Band. Talks about the technology, but also about the process.

Listing of Band-titled Rock games and how they did, and what they’re like. (From Co-Optimus blog)

In case “the suits” are looking for ideas on the next game. Includes sales projections. (Second part from the Co-Optimus blog)

Purely for reference purposes; from the always-great Rock game resource Plastic Axe: (You can actually see an alphabetical list of songs and which game it is included within)

Final thoughts and commentary: I think the term “too much of a good thing” might be applicable here. And also the negotiation articles talk about how the gradual increase of demands for payments for the rights, have created a more economically difficult environment. The crass way to put it is “not enough money to go around”. I look forward to the excellent comments by my devoted followers and also those who were lost, and ending up here after looking for MP3 blogs.

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Communications, People! (Developers’s Corner)

jaymoffitt — Tue, 23 Nov 2010 16:15:23 +0000

10 things every online game should have. (From blog Imtalkingames)

Photo Credit: http://creativecommons.org/licenses/by/2.0/; http://www.flickr.com/photos/fotologic/216182916/

Great series of articles, at “clicknothing” by a known game designer, Part 1 and Part 2 (And yes, I don’t understand it all… but thankfully it’s a series… I’m hoping there’s a happy ending at the curtain).

Gamer Entitlement, (from a game designer’s personal blog) More great articles after the jump

Executive… listens??From the always readable “gamepolitics”( Most gamers think this…. right?)

From Keen and Graev’s gaming blog; (Words to live… and design games by)

The boss battle; why? From Online magazine Resolution-Magazine (Very quirky article about game design of boss battles)

Just an opinion piece, about game developer culture in general not really a legal point, just about communication. (From Multiplaying)

Including milestones in your game developer agreement ; older article by Atty. Tom Buscaglia… (his series of articles is still the most comprehensive I’ve read about communications between developers and attorney as allies and not adversaries)

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Well, that about covers what’s out there about communication with attorneys and with your audience. Apparently it’s much more exciting to talk about design and art (I think so too). But like my “about” page says, “a necessary evil” is what an attorney is. If you need a start or a jump-start with your company; email me through the link, and I’ll provide my information (or someone in your jurisdiction) to get you some help with your game project.

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New question: Games VS Art

jaymoffitt — Wed, 17 Nov 2010 16:44:41 +0000

What is all the hub-bub about whether games ARE ART? Sure, a painting by a Renaissance artist dead 300 years ago may sell for tens of millions; but a videogame made by living graphic artists sold hundreds of millions(COD)… in the first day. Imagine what it could go for in the 24th century? (OK, maybe that’s stretching it… but I still have a new Dreamcast in the box… and no you can’t have it.)

All the arguments on the net center around whether games are art, so as to be protectible. Mind you, I’ve been to my share of galleries in my time, but I looked around at the numbers… and it would be hard to get together a 16×16 scramble match on a battlefield. And thus the litmus test of videogames, is whether it’s art? So I agree it’s important, but is it relevant, or the correct question, as to whether videogames are protectible speech?

http://www.flickr.com/photos/kiwiwings/2167225968/ Creative Commons 2.0 Attribution License

Here’s some links to good discussions by smart people, near the point but not quite making the point I’m encouraging. Read them (after the jump) and I”ll finish with my own commentary.

Kill Ten Rats blog. (Real art. For comparison’s purpose and because it’s my blog).

Art History of Video Games (Great presentation on a recent seminar of this topic).

Harvard article on copyright (protection as “useful arts”)

Wired Article about controversial Columbine RPG (should offensive games be protected)

Gamasutra article; “Persuasive Games free speech?”

Games vs Art discussion, On Importance.corante (Older article, but very close to the heart of my argument. Especially enjoyed the commentary by Greg Costikyan, “Rothko vs. Pong: If painter Rothko’s minimalism can be protected, why not Pong?”)

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I’m hopeful a good decision will come out of the Supreme Court case. At least it’s given a lot of media attention to the game industry, both good and bad. But I’ve only been trying to point out the discussion should center around “useful arts” and not the word “art”, or the topic “art”, or whether a videogame is “artful” or “artistic”. From Chess to Mancala, Mastermind and Candyland; then later Pong, RBI Baseball, Mortal Kombat, Grand Theft Auto and World of Warcraft, the “art” is just a tangential part of the cerebral joy that is a good game. And it’s not about makes games art, it’s about making games.

Gamers Rights Law

HACKED! (PSN Network)

Recent updates in Gaming Law

Asian video game law links (reference only)

Sony sues Geohot

Top 5 videogame law stories of 2010

Free software license(not what you think)

Community standards: what’s that?

Music Games; Delete? or just hitting “pause”

Communications, People! (Developers’s Corner)

New question: Games VS Art