Virtual Worlds (116 resources via Educause)Most are from their own magazine but some are from presentations you could find no where else. Plus, did you know there were Education in Virtual Worlds podcasts?

“>PageFlakes (Training blogs) links Some very helpful material, even though a lot of commercial activity. Many are to virtual worlds, most to more traditional methods.

Ten great sites for finding Educational games. Many of these are sponsored by conglomerates (National Geographic) or software companies, but some are put together by smaller outfits. Well worth a look.

There’s way too much wealth to comment upon everything. One intellectual property note to consider when visiting all these sites sponsored by universities, software companies, and private website: when the university uses a professors’ ideas for an original creative game; do they have the right to make money from it? Right now it’s not an issue; so many free choices and educational games for the most part are licensed by software companies…. but that day is coming when? I wonder when we’ll have the first well-publicized dispute between professor and university about a game/website/application that just “takes off”?

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.

Part I: Important Papers

Journal of Virtual Worlds Research; don’t make me pick just one article.
If you were to FORCE me to, though, check out Piracy vs. Control: Models of Virtual World Governance and Their Impact on Player and User Experience, Melissa de Zwart, University of South Australia. It follows the extremely relevant question of what if the control of virtual worlds is too much; let the players play! Read the whole article, it makes great points and raises good questions.

Protecting Children in Virtual Worlds Without Undermining Their Economic, Educational, and Social Benefits, by Robert J Bloomfield, Benjamin Duranske; in Washington and Lee Law Review, Vol. 66, 2009. It covers the latest regulations and of course the “balancing act” between fun and societal control. My favorite quote, “As children spend more of their time in virtual worlds—for endeavors like work, education, and engagement with social, cultural and civic affairs— they are bound to find opportunities to develop romantic attachments that carry our society to the next generation.” It has many facets of the regulations protecting children, and wisely does not just focus on the more salacious aspects, as a mainstream media article often does.

And outside the States, but still important, Virtual Consumption OK, I admit I’ve just skimmed it, but it is longer than Catcher in the Rye (248 pages). It’s meticulously written, and with a detailed table of contents, so this is a good primer for why real people buy virtual goods. Citation listed as Vili Lehdonvirta (2009). Virtual Consumption. Publications of the Turku School of Economics, A-11:2009, Turku.

Part II Important posts I found this month that couldn’t fit a definite topic:

Iowa State Study finds high volume video gamers have more difficulty staying attentive. A study relating ADD and high volume video game players.

Born to Rhun is a great thought piece about mods, developers, and Tolkien’s Middle Earth. And it is also focused on one of my favorite underrated topics concerning games; FUN!

AR Wave: Layers and Channels of Social Augmented Experiences; great article and interview. My favorite quote is “Having these invisible aspects of the world made visible would create ways to improve sustainability, social equity, urban management, energy efficiency, public health, and allow communities to understand and become active participants in the ecosystems and infrastructure of their neighborhoods.” It seems a very good goal, but is Google, and the rest of the augmented reality industry, further marginalizing the contributions or opinions of those not plugged in to the internet?

5 Ways to Know You’re in a Virtual World

Sociology and Virtual Worlds, talking about digital anthropology.

Part III: Cool tools

Frenzoo is a new free avatar creator that can be customized, a little cooler than any I’ve seen.

Game Crafters (Like Cafe Press, except for Board Game ideas)

This is a tool to get copyright info for photo citations.

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.

There are few reported court decisions of a player appealing an in-game ban. One of those rare cases was mentioned on Techdirt, when a Federal Judge upheld a gamer ban(Case variously cited as C-09-03007 RMW; SD Cal Estavillo v. Sony Computer Entm’t Am. Inc., 2009 U.S. Dist. LEXIS 86821). The player’s complaint protested against his ban from a Sony site. An intelligent and thorough discussion of the case may be found at this site, and another more approving tone from this site, which approves the idea of increased responsibility for a company as a “virtual company town”. I rather side more with the latter point of view, as the resources of a multinational corporation running a multimillion-dollar business rather make them more of a landlord than as a poor helpless forum-owner.

A very well-informed viewpoint is espoused at “Law of the Level“. It’s pointed out that an in-game monitoring system could make the publisher/administrator liable, by giving them certain “red-flag” knowledge. I’d advise a close reading of the well-written article, especially if you’re building or supervising a chat room associated with a game.

The second common reason to get banned in-game is conduct; usually for using bots or scripts to improve your online performance, or for “spamming” fellow players with offers to sell gold or places where they can buy gold. The current most discussed game is Aion, which is having spam troubles even before being totally out of beta stage. Basically the game is being beseiged to such an extent by “gold spammers” that it is hurting the initial launch of the game, at least in the public perception.

The important lesson to be gotten from these public conflicts is what can be done to eliminate them at an early point. Blizzard (Now Activision/Blizzard) has taken an aggressive stand against any users they feel in violation of their Terms of Service, which has led to some hard feelings. Another company to “celebrate” their hardline stance is Silk Road Online.

Here is a short collection of links as to other articles concerning gold spam and “illegal bots”
Epic Toon Blog
Massively article on how spam “drains” MMOs
Twinking(sending gold to another character whom you own) is another form of cheating
A good first place to look for MMO banning concerns

So, what to do? Throw up our hands? There’s a couple of good common-sense ideas being tossed around; first for the developers/publishers. Stroppsworld talks about three simple ways to fight gold spam. These are (1) Reduce the need for gold (2) Remove mechanisms that facilitate the gold trade (3) Provide players with moderation tools. Another novel way is discussed by Sony Creative Director Laralynn Williams at the GDC conference in Austin. The banning issue is mentioned two-thirds into the discussion under “Solutions Lead to New Problems”. To the question “How do you deal with hackers when everyone can create a free account? Player char dressed as referee. All our C/S agents wear this outfit when are in game – only our GMs can wear these”

Finally, for the gamer, remember who the gold farmers are, and whether it’s worth all the risks. After all, an MMO downloads a client on your computer, a bot to bypass that client does so as well, we’re reminded by a blog named playbbg. That script downloads directly into your operating system and the blog points out those hidden dangers. And also, the common-sense realization should be that in participating in gold-purchasing that is clearly outside the game’s terms of service, that you have no one to complain to or get enforcement from if the offer terms out to be fraudulent or not executed properly.

Jay Moffitt is a TN attorney. The statements here are not legal advice, and no attorney/client relationship is created. Jay Moffitt claims no certification in this specialty, and TN does not offer a certification in this area of law. Copyright, Jay Moffitt, 2009. Comments are welcomed and will be answered promptly and courteously.

Poignant, poignant story. The avatar living in Second Life was slowly becoming more detached, less involved in the Second Life. And had stated in-game that because of necessary regular medication, she could choose dying simply by stopping the meds at any time. It is tragic, yet incredibly interesting how the signs were there in both SL and in RL(real life) of the sad, sad, ending to the story.

Another interesting article is Rights of Avatars by Raph Koster. It has incredible insights about avatars and the requisite fundamental rights one might attribute to them. And I’m aware that it is an almost 10-year-old blog post, but then again, it is still the most complete statement about the avatar as separate from the owner. You can also do worse than buying his book “Theory of Fun” from Amazon (Yes, I know I could link, but I don’t link commercial ventures on this site.)

Second Life Divorce tells the story of a real life (RL) divorce incited by a Second Life (SL) “affair?”, relationship, how would you term that exactly? Yes, it is a little creepy, but when you talk to divorce lawyers they will tell you of divorces caused by sandwiches being sliced on the diagonal rather than horizontal, or not replacing the toothpaste cap, it’s not surprising that an endeavor that takes both money and also time would inevitably cause friction in a marriage.

Dressing for an Interview in Second Life is a great article in the mainstream Wall Street Journal. Which begs the question, what if you arrive the first day at work, and you’re the “opposite sex” that they expect? Or 40 years older? Opens up a whole can of worms, wouldn’t you think?

And finally, the informative links: Our virtual bodies, ourselves and also “Through the Looking Glass”(Correlation with RL personality and online personality

The Proteus Theory has the best characterization I’ve ever read of online gaming’s nature; “And in online environments, the avatar is not simply a uniform that is worn, the avatar is our entire self-representation. Whereas the uniform is one of many identity cues in the studies mentioned earlier, the avatar is the primary identity cue in online environments. Thus, we might expect that our avatars have a significant impact on how we
behave online.”

This work may be Cited as “The Daedalus Project” by Nick Yee, available at: http://www.nickyee.com/daedalus. “What is the general methodology used? Links to online surveys are publicized on main portals catering to specific games. Respondents from past surveys are also notified of the available surveys. Most surveys are multiple choice and consist of 30-50 questions, and usually take about 5-10 minutes to complete. Approximately 2000-4000 respondents participate in each survey phase.”

3 for the B(usiness)
1. When you’re involved in litigation, remember in your online life (SL, WOW, Facebook, Myspace, Twitter) to restrict your “new” friends. Basically, if you can handle it psychologically, do not “friend” any new people during any litigious phase in your life. It might be a lawyer from the opposite side, or someone employed by them. It is still unclear how far an opposing party can go, see the interesting article by LLRX.

2. If you’re an attorney working on a RL case, it’s getting close to negligence to not make at least a passing reference to restricting online communications. Even if you don’t work in intellectual property, it is essential to question a new client about any “complications” especially in a case that is involving interpersonal relations.

3. Remember that anything you do online may eventually become known. If it is something you wish hidden, well, behave in such a way that it does remain hidden. I hope later to devote a whole post to the “testamentary” options in online games, especially SL – it is incredibly complex, and constantly evolving. Short story long, treat your online friends in the way you’d like to be treated, just like your RL friends; and just like in RL they will most likely take care of you.

Jay Moffitt is a TN attorney. The statements here are not legal advice, and no attorney/client relationship is created. Jay Moffitt claims no certification in this specialty, and TN does not offer a certification in this area of law. Copyright, Jay Moffitt, 2009. Comments are welcomed and will be answered promptly and courteously.

Think about it. When there is a movement for “people’s rights”, who is it that makes the money? The politicians.

And whenever someone in Hollywood makes a movie that is “for the people”, who rakes in the profits? The movie-maker.

So today is the first of a regular feature that focuses on the people (publishers, artists, voice-over talent, and developers) who make all the gamers happy.

The Players are Wrong but Listen Anyway This article by a game developer goes into detail as to what type of feedback to gather from the users during the game-making process. This frankly doesn’t rise to the level of a legal duty, but more of a moral duty… that is from a game developer with a sincere wish to make as fair and as entertaining of a game as possible. If you are strictly looking for a legal viewpoint, maybe you could use the forums and feedbacks as a sort of “testing ground” to determine if the beta testers feel the game is working out as a fair and even playing field, depending upon the user’s choice of character, etc. But the developer does a great job of noting these opinions must be taken in the context that most of these early users have an “axe to grind” or may be overly skeptical types that over-critique a supposedly fun experience. A great read for developers or anyone.

Raising Startup Financing This list has a more general feel, as it would apply towards anyone raising money for a financial project. But for a developer with a great idea and some resources to start, the list is a great jumping-off point to investigate financing options.

Developer Links This is an incredible A-to-Z list of links of use to a game developer. Mostly the destinations are esoteric and specific to a developer’s needs, but there are some that might be good general reading. If you have an interest in developing games or even being a beta tester, you should browse the list and spend a couple of minutes to add to your knowledge.

SAG and AFTRA renegotiate their contract structure with Developers Gamasutra has an excellent story about the renegotiation of voice-actor talent. You may have noticed that voice-acting is getting better, and the voice talent are getting paid. And plus they are in a stronger negotiating position than artists, graphic designers, and programmers; who get 100% of their work from the game studios. For the voice-over talent there is always animation, film work, radio, and commercials. Thus they are more of a varying expense than those talents who are specific to the video game industry alone.

Three for the B(usiness). #1 If you don’t get legal advice at the beginning of a large financial venture(oh, but it’s just a video-game), then at least have some resources who can advise you WHEN to get an attorney. There are attorneys who deal specifically with financing, video games, talent agents…. but just make sure you have resources available for when you need them.

#2 Keep an open mind during the alpha, beta, and “gold” process for game dynamics. Listen to the critics, the testers, and the programmers, but most of all listen to your heart. Only you know what kind of game you are trying to write, and just like some books are not for everyone, maybe your beta testers should be playing something else, and upon release your dream will find its “true audience”.

#3 Game talent takes many forms. Keep an eye (and an ear) out for people that will help your final product. Set expectations on salary, benefits, accolades on the team you assemble, and under-promise and over-deliver. You may lose a few at the beginning of the process, but you can build a strong core of people that hopefully continue forward with you, and as any HR professional will tell you, it’s a lot cheaper to keep a good employee than to find one.

Jay Moffitt is a TN attorney. The words do not constitute legal advice, and no attorney/client relationship is created. Jay Moffitt does not claim a certification in this specialty, and TN does not offer a certification in this specialty. Copyright October 3, 2009. Comments will be answered in a timely fashion and with courtesy.

Fairfield, Joshua,The Magic Circle(November 19, 2008). Vanderbilt Journal of Entertainment and Technology Law, 2009; Washington & Lee Legal Studies Paper No. 2008-45. (Available at SSRN: http://ssrn.com/abstract=1304234)

Synopsis listed as: The article concludes that although real-world law cannot reasonably be excluded from virtual worlds, game gods and players can control the interface between law and virtual worlds through their agreements, customs, and practices.

Grimmelmann, James Taylor Lewis,Virtual World Feudalism. Yale Law Journal Pocket Part, Vol. 118, p. 126, 2009 ; NYLS Legal Studies Research Paper No. 08/09 #24. (Available at SSRN: http://ssrn.com/abstract=1331602)

Stated synopsis: The similarity between ownership of land in feudal England and in Second Life suggests that offline courts should protect user interests in virtual items, gradually, without treating them as full-blown modern “property.”

A little less scholarly:

Latest Spending figures from Virtual Worlds News indicate that In 2009, an estimated $400 million to $600 million will be spent on virtual goods in the United States, and 5.5 billion worldwide.

“Latest report from Screen Digest reveals reveals that the subscription-based MMOG market grew by 22% in 2008 and reached consumer spending levels of $1.4 billion in North America and Europe.” The report also specifically states that “With a 58% share of Western consumer spending on subscription MMOGs and over $2.2 billion in cumulative spending on subscriptions since the beginning of 2005, World of Warcraft remains dominant in the market.”

September report from Gamedaily states that “a new study conducted by the market researchers at VGMarket and PlaySpan says that freetoplay now accounts for half of all digital goods transactions.” Of course this deals with the new browser-based games termed “freemium”, where you can register and play for free, but upgrades to profiles, clothing, and virtual objects are purchases as an extra, but optional, service.

Jay Moffitt is a TN attorney. This blog does not constitute legal advice, and does not create an attorney/client relationship. Jay Moffitt is not certified in this area of law, and TN does not offer a certification in this area of law.

Legal Issues for Game Designers

In Game Dollar Lawsuit, … great discussion of currency in games

Zynga vs Playdom… contains good background on games in social networks

WOW vs. MDY Michael Connely, aka “The Glider case”

These last two help one understand the popularity of particular game properties.

Comscore.com – List of top 50 media properties

K-Zero graph of virtual world sectors

Disclaimer: Jay Moffitt is a TN attorney. This post does not constitute legal advice and no attorney/client relationship is created by reading this page. There is no certification offered in Tennessee in this particular specialty and the attorney does not claim one.