A full story from PC Mag says report claims adult content still viewable by children, despite precautions. Notably, “It is far too easy for children and young teens to access explicit content in some of these virtual worlds,” FTC Chairman Jon Leibowitz said in a statement. ”

One short thing to note in the virtual worlds’ defense, in the reports’ Footnote 26: “In visiting each online virtual world studied, the Commission’s researchers did not put themselves in 45. the place of an average virtual world user. Instead, the researchers were specifically instructed to search for as many different types of explicit content as possible in the time allotted, performing key word searches using explicit terms, looking for explicitly-themed discussion forums and chat rooms, and observing explicit avatar chat.” I only have an opinion as an attorney, not a researcher, but that kind of testing would seem much beyond the pale of unbiased researcher and would go towards “ghost hunting”(i.e. if you go looking for ghosts you’re going to find them).

From Ypulse, a Website focused on youth worlds, “The FTC report brings to light the challenges facing companies trying to cash in on the virtual world phenomenon.Unlike traditional pre-packaged products, online virtual worlds are driven partially (and sometimes primarily) by user-generated content.”

A family-friendly Website, Netfamily news says “This is a great start. As purely user-driven media, virtual worlds are a frontier for research on online behavior.”

A social games Website article notes “Given important First Amendment considerations, the Commission supports virtual world operators’ self-regulatory efforts to implement these recommendations.”

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Here is a representative sample of the many Websites attacking the content or methodology of the Study.

Ars Technicais critical of the FTC study. It says “That’s on top of the fact that the biggest threat to kids online is… other kids. According to a 2009 report by Harvard’s Berkman Center for Internet and Society, the percentage of children being sexually targeted by adults online is very low compared to kids targeting other kids

Massively (features on Massive Multiplayer Online games) reported the results were to be expected. They pointed out ” some elements of the study’s methodology are a bit questionable, especially as their list of explicit material included words common to anyone with a history of playing video games. (Or cable television.)”

PlayNoEvil, predomimnatly a developer and security Website, talks about the difficulty of the type of age verification proposed in the government report. ” One suggestion that is solid is to use an “Age Neutral” request for a new user’s age – e.g. “Enter your birthdate” rather than “Are you under 13″.The other is to tag a computer as being used by a minor if they try to login again with a different age.”

A difficulty that’s not discussed is online access through simple devices, Nintendo DSi, Iphones, and other platforms that aren’t really computers but allow net acess. I would predict that to be a “hot point” of the next government report following up on this report.

Last note: one recommendation by the report would seem to be unanimous to both sides of the argument. “The report recommends that parents and children become better educated about online virtual worlds, and affirms the FTC’s commitment to ensuring that parents have the informationthey need to make informed choices. A consumer alert, Virtual Worlds and Kids: Mapping the Risks, is available at www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt038.shtm.

As always; a couple of intellectual discussions which further the brief discussion above, for those wishing to inform themselves:

Protecting Children in Virtual Worlds, cited as Protecting Children in Virtual Worlds Without Undermining Their Economic, Educational and Social Benefits, Benjamin Duranske, Pillsbury Winthrop LLP, Robert J. Bloomfield, Cornell University – Samuel Curtis Johnson Graduate School of Management, October 13, 2009
Washington and Lee Law Review, Vol. 66, 2009

Social Networking and Age Verification, cite as Thierer, Adam D., Social Networking and Age Verification: Many Hard Questions; No Easy Solutions (March 21, 2007). Progress & Freedom Foundation Progress on Point Paper No. 14.5. Available at SSRN: http://ssrn.com/abstract=976936

A related but interestingly similar argument: a Supreme Court case related to delivery of another contraband, tobacco products, to a minor, and the expectation that online delivery measure up to the standards of actual in-person delivery of product.

I encourage comments upon this topic, pro or con, as I consider this one of the most important issues facing online games.

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.

From Pixels and Policy, a great article about the attractiveness of avatars, and how it influences your popularity in virtual worlds.

From a site focusing on gender, gender equality, and other issues, a great article entitled “Real World Beauty Pressures in Second Life.”

A great article on body-concept in Second Life, with a long string of comments.

And another worry (or perhaps laugh?), Virtual Worlds Forum reports that gender swaps are common for online gaming. A tongue-in-cheek article in the Guardian claims to have a reasoning as to why men play as a female avatar in online games. As a related worrying development, it is rumored some games may have gender self-identification systems in the game, article at Destructoid; warning, probably NSFW.

Now I will probably cover these topics a little more as cases are filed, but for now it is probably someone will at some point declare that this would be none of the game publisher’s business, or some player might declare that this is “shocking, just shocking.”

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.

From the Website Ablegamers (for challenged gamers of all types)

This comment on Gamertell thinks it may be a bit frivolous…

Just a personal note: a gaming environment is an ideal environment for people with challenges of all types to lift themselves up and gain valuable experience in life and also in work environments.

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Here are some representative articles covering the same subject.

Please read this article in the Jerusalem Post about the “White Cane” for a blind person. The most remarkable quote about the software is “Users can can feel tension beneath their fingertips through the joystick as they navigate around a virtual environment. The joystick stiffens when the user meets a virtual wall or barrier.”

Audio game maker is The Audio Game Maker is “part of Game Accessibility.com, a series of activities conducted by the Accessibility foundation in order to improve the accessibility of computer games for players with impairments.”

Gaming with a Physical Disability (Blindness)

From Metaverse Journal, an article about amputees and gaming.

A very good Journal article (beware, large pdf) which talks about health issues in Second Life and other virtual worlds. The top 5 groups that were found were

(1) Support for Healing 899 members (Mental health and other issues)
(2) Transgender Resource Center 845 members (Gender identity issues.)
(3) Positive Mental Health 763 members
(4) Wheelies 565 members. (Disabilities themed nightclub.)
(5) Depression Support Group 427 members issues.

And some Second Life links to groups for individuals challenged in different ways.

Second Life for the Visually Impaired
Alternate viewers (that may assist the visually impaired, as well as others).. be sure to check the Second Life blog to make certain the viewer is allowable under their Terms of Service.
Second Life accessibility hasn’t been updated in a while but the links page is great.

I’d invite any SL’ers reading this column to contribute their group relevant to this discussion in the comments.

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.

World of Warcraft is shut down in China once again by government authority. Here’s the full story at gamasutra. The most telling information is that even in a government as centralized as China there is sometimes a lack of communication. The size of WOW in China is stunning, fueled by lower subscription costs; according to Gamasutra almost half of WOW 11.5 million subscribers are in China. You can read my previous stories on the travails of running WOW in China here and here.

The PS3 Owner (Estavillo) is appealing the court decision against him. Sony’s Playstation Home won in the lower court, but the story of his appeal is here. My earlier post on the subject talks about the issues of Estavillo v Sony. It’s a good read, especially demonstrating how sympathetic facts can propel a case, even when the existing law does not seem to show a precedent.

Remember the sentimental stories you’ve read about games closing, and classy ways (I’m looking at you, Matrix online) to do that, and not-so-classy ways to close a world? Well here’s a story about a disgruntled customer who isn’t happy with coupons.

And the fourth and final update, a pulse check on Second Life. Yep, it’s ALIVE! (Insert creepy Dr. Frankenstein laugh). Everything in RL(real life) is static, yet Second Life continues to grow.

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.

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.