About this Author

Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School.
Ernest Miller's blog postings can also be found @
Copyfight
LawMeme
Listen to the weekly audio edition on IT Conversations: The Importance Of ... Law and IT.
Feel free to contact me about articles, websites and etc. you think I may find of interest. I'm also available for consulting work and speaking engagements. Email: ernest.miller 8T gmail.com
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Category Archives
July 12, 2005
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Divorce and Virtual Worlds
This is nearly a couple of weeks old, but Pacific Epoch reports that a Chinese divorce case involves a serious dispute over virtual goods (Game Accounts Take Center Stage In Divorce). A divorce in Chongqing has turned ugly when both parties want their joint online game accounts, Chongqing Business Post reports. Mr. Wang from Chongqing and Ms. Ye from Huibei met last September on Shanda's (Nasdaq: SNDA) online game Legend of Mir 2. Wang saved Ye's character from being killed by another player. The couple married at the end of October but decided to get a divorce in June. During their marriage, the couple jointly played over ten Mir 2 accounts, attaining level 40 to 50 status for all of them. The characters and virtual items are estimated to be worth 40,000 to 50,000 Yuan. [$5,000-$6,000] Wang said that he wants to keep the accounts and virtual items and is willing to give their joint apartment to Ye. However, Ye wants to split the apartment and game items equally. How would you determine the value if it was a violation of the EULA to sell the items? via IFTF's Future Now
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July 06, 2005
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Man vs. Machine on the Chess Board: Computers Victorious
Ed Felten declares computers the winner in the man vs. machine chess arena (Chess Computer Crushes Elite Human Player). This may seem inevitable in hindsight, but for the longest time people insisted that human chess players had something special which computers could never duplicate. That was true, up to a point. ... Chess computers have succeeded by ignoring what human chessplayers do best, and doing instead what computers do best. And what computers do best is to run programs written by very clever human programmers. Hmmm ... sounds like another challenge for computing.
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Posted by Ernest Miller
So, the next generation XBox360 is going to have all sorts of cool multimedia abilities and its connectivity through XBox Live is being heavily touted (XBox360 Fact Sheet).
So, will Microsoft dare permit podcasting to the XBox? If they do, which artists will they allow to try to reach this market? How might podcasting be integrated with games? I think of the faux-radio stations in Grand Theft Auto, as a very basic example.
Dare we imagine the possibities for broadcatching video content, say for example, machinima? Doesn't it make sense to deliver machinima film festivals to gamers who would subscribe?
How forward thinking is Microsoft?
UPDATE 1530PT
What better way to deliver short video reviews of upcoming XBox titles? Of course, Microsoft could simply use it as some sort of advertising channel, but why not let known, responsible outlets have access to provide podcasts/broadcatch for their independent reviews?
Imagine a Penny Arcade feed - why not?
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+ TrackBacks (0) | Category: Broadcatching/Podcasting | Games | Machinima
June 29, 2005
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If Violent Videogames Cause Violence, Where's the Crime Wave?
Reason's science correspondent, Ron Bailey, is unimpressed with studies that purport to show a connection between violent videogames and real-world violence (Video Violence = Real Violence?).
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June 24, 2005
Posted by Ernest Miller
New World Notes reports something extremely cool coming from Linden Lab: live video from Second Life, the most innovative virtual world out there (Links of the Week!: An SL Simulcast and a Movie Trailer...). Très très cool! Go to the Second Life homepage and click on the television set labeled "live video." Be prepared for loud music that I couldn't figure out how to turn off. It is, literally, a window into a virtual world. How long will it be before we hear the cry: "I Want My Second Life TV!"?
Reuben Steiger, who works on Second Life at Linden Lab, explains the reasoning behind this very amazing innovation (Video From a Virtual World). Second Life is a 3-D virtual world that is 100% created by its 32,000 residents. The challenge this presents us at Linden Lab is that all the action that takes place in Second Life is very compelling; whenver we sit down and show it to someone, their mind is summarily blown and they very often sign up for an account. The problem is a chicken and the egg one -- showing Second Life in person isn't scalable and screenshots just don't do it justice. You really need to see avatars flying around, building amazing creations, chatting with eachother in order to get it. The energy of that experience is what sells Second Life -- the raw, unedited magic, but until recently we couldn't bottle the magic. He says this is profound. It is. Read the whole thing.
When are we going to get a "Best of Video," Reuben? How long do you think it will take before members of Second Life demand the right to broadcast out on their own? Will Cory Doctorow's book signing be carried on Second Life TV? I can't wait to see what happens with this.
Very exciting, innovative stuff.
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+ TrackBacks (0) | Category: Culture | Games | Internet | Machinima
June 22, 2005
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UK Parents Ignore Videogame Ratings
The BBC News reports on a study in the UK that found parents ignored videogame ratings when purchasing games for their children (Parents 'Ignore Game Age Ratings'). A study commissioned by the UK games industry found that parents let children play games for adults, even though they knew they were 18-rated. Although the study was in the UK, I imagine similar results would be found in the US. Of course, this will just encourage our public nannies to cry out for legislation so that parents don't have to, you know, actually parent. Parents in the UK seem more concerned with the amount of game play, rather than the type of game. I'm not sure that is a wrong attitude. via Techdirt
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June 20, 2005
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Kiss Me, I'm an Avatar
New World Notes has an amusing story of a virtual/real life love story (with a business specializing in erotic animations) (Making Love). We stood toe to toe and I wrapped the animation to our bodies, says Phil. He had to modify the animation to make all the body parts come together just right. He also worked on making it more passionate, with his fingers tracing up her back, his granite body pressing ever more closer into hers. Recounting it now, he laughs. Every time I tweaked it I got an Oooh out of her. Was a ton of fun. And though this kiss really only involved a depiction of their two animated characters together onscreen, he says, [T]he first Second Life kiss was awesome and special. Just as special as the first in real life. Read the whole thing.
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Sen. Schumer Wants to Block Sales of Violent Videogame '25 to Life'
Rather than expend effort on something productive, Senator Chuck Schumer (D-NY) prefers to posture against violent videogames (NY Daily News | Violent Game Furor). "[25 to Life is] the worst in a series of violent and gruesome games that lower the common denominator of decency," said Sen. Chuck Schumer (D-N.Y.), who is trying to block the game from hitting stores in September. One wonders why a Senator wouldn't leave the protests to some other organization or, in the alternative, try to pass some legislation. You know, because he's a Senator. More here: GameDailyBiz | NY Senator Seeks Ban of "25 to Life".
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June 18, 2005
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Podcast Games
The Shifted Librarian points to an "audio literature trivia game": Who Said? (The Perfect Podcast for Librarians). Every other day or so, I'll make an audio recording from a novel. It will be short passage, always something a character says. Your task will be to guess the character, book and author. Lots of good marketing opportunities here, I think.
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June 14, 2005
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Sex Mini-Game in Grand Theft Auto
A rumor that had been floating around this weekend about a hidden, sexually explicit mini-game in Grand Theft Auto: San Andreas had been debunked by Gamespot Rumor Control, but now they aren't so sure (Rumor Control: GTA PSP Screens and (More) Real-Time PS3 Demos). Initially, UK Resistance pointed out that many of the graphics look "awful and amateur," so RC [Rumor Control] gave it a "probably bogus" determination. But over the weekend, RC was sent "evidence" from Gtasanandreas.net that the hack was "real." In fact, the evidence was even more mature in nature. So while its origins are unclear, there is a San Andreas sex minigame out there. NSFW screenshots here: GTA San Andreas Hack -- Confirmed as Real. I can't confirm this hack, but if true, it shows that Rockstar Games really enjoys taunting would be censors.
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June 13, 2005
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Virtual Reality Weapons
reBang Weblog brings a nasty little weapon for Second Life to our attention that will likely crash the client of those it has targeted (Recipe for a Metaverse: One Part Virtual Weapons). There is even a nice little catalog-like advertisement for it. Simply rez one of these objects and set the targets name using /500 target name". If that target comes into the same sim and with in 96m of the DBomber, the DBomber will send them over 15000 blue dialog boxes, along with 15000 notecards. It screws the client, and it doesnt stop when the avatar logs out, it will continue to pump notecards to their account even whilst logged out, if they come with in 96m of the DBomber, they WILL get 15000 notecards, and many Dialogs(the dialogs dont conintue after the avatar logs out, the notecards do though :) :) ). I've certainly had my testing login severely impaired by DBomber whilst testing, and seen quite a few complete lock ups. One admires the cleverness, but hopes that this sort of thing doesn't ultimately destroy the space. UPDATE 2155PT: In the comments, James Grimmelmann points out that this weapon likely violates the terms of service.
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What are the Democrats Thinking?
Over on C|Net News, Declan McCullogh blasts Democrats for supporting bills that would regulate videogame violence (What's Behind the Video Game Witch Hunt?). He's got a point: "In most cases these bills have been introduced by Democrats," Doug Lowenstein, president of the Entertainment Software Association, told me on Friday. "They've come from people who have aspirations for national office. They come from people who are interpreting the 2004 election as a values election and the Democrats lost on values. One way to recapture values is to attack violent entertainment, especially video games. It's a cold, calculating political effort." Indeed. Seriously. What is wrong with the Democrats? They heavily favor Hollywood over Silicon Valley in the copyfight, and they go after videogames in a way that they don't go after Hollywood (though they talk about it a bit). Why are they doing their best to turn off the next networked generation? There have got to be better ways to demonstrate their social conservatism.
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June 08, 2005
Posted by Ernest Miller
Patential is the boardgame for pharmaceutical patent geeks everywhere! Patential Details: Be the first to reach $1 billion. Get rich. Become famous. Help millions of people solve their health problems - show us your Patential Game!! Patential - a whirlwind tour through the exciting and in-depth business and legal world of the drug development process - is the first game of its kind. The game dives deep into the realms of the drug approval process. You see your pharmaceutical's development from inception to sales as you learn everything you need to know about securing a patent, the Government drug approval process, and bringing your newly-developed product to market. Read a fairly in-depth and positive review from RPGNet: Review of Patential.
via I/P Updates
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+ TrackBacks (0) | Category: Games | Patent
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Virtual Evolution in Second Life
New World Notes, the blog of an embedded reporter in the virtual world Second Life, reports on an intriguing experiment in artificial intelligence and virtual evolution of a school of fish (Evolving Nemo). Some of the stuff that is going on in Second Life is simply amazing. Be sure to read the comments. via reBang

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June 07, 2005
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Violence in Videogames: A Debate
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June 06, 2005
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California's Anti-Violent Videogame Bill Stalls
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June 04, 2005
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South Korea Hack All About the Games
I didn't get too excited about reports earlier this week that Microsoft's MSN network in South Korea had been hacked, thanks to a failure to install security vulnerability patches. See this AP report in WIRED (MSN Snared in Korean Booby-Trap). However, today C|Net News reports that the criminals were attempting to get the logins for Lineage, the wildly popular MMORPG (MSN Korea Hack Targeted Online Gamers). Lineage is a cultural phenomenon in South Korea. It would be interesting to learn what the criminals would have been done had they been successful. I imagine that the hackers would attempt to sell character equipment on the thriving market for virtual goods, but who knows. Fascinating.
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May 30, 2005
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Illinois Lawmakers Pass Anti-Violent Videogame Law - Awaits Governor's Signature
They most likely won't have to wait long, the governor has been pushing the bill. WIRED carries an AP wirestory reporting on the law passed this Saturday by Illinois' legislature (Violent Video Games: Not Our Kids). I'll be looking for more information on this story as it develops.
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Cellphone Videogame Glut
Russell Beattie has a very colorful illustration of what he calls the mobile games bubble (Mobile Games: Supply Vs. Demand). The supply of mobile games is outstripping demand and many of the companies producing them will likely go out of business. Good riddance I say. Beattie's illustration essentially shows that the vast majority of games are nothing more than ports of games from the last 30 years of videogaming. Of course there is glut of supply. The only people who are really making money are the cellphone companies. Turn cellphones into open platforms and then supply and demand will really be able to operate.
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May 27, 2005
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Librarians Gone Wild (with Videogames)
Jenny Levine reports on the good times had by librarians at the "Gaming@YourLibrary" presentation. I've always thought that videogames have a place in libraries, and The Shifted Librarian is making it happen (Gaming @ Your Library Sessions Blogged!). See also, Gaming Photos Up on Flickr. Several people told me that they hadn't expected to enjoy themselves so much, and that you truly don't understand gaming until you experience it yourself. You haven't lived until you've seen a roomful of librarians competing against each other in Mario Kart and DDR! In fact, several people stayed after the second session ended just to keep playing (and I think Dan B. probably stopped to purchase a PlayStation and DDR package on his way home!). We even had a few extra minutes to let some of our staff play, including our executive director, Alice Calabrese!
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May 25, 2005
Posted by Ernest Miller
Once more into the censorship breach my friends. Once again it is the California Assembly that is seeking to require the labeling of violent videogames and restrict their sale to minors, see, AB450. The bill is scheduled to be considered next week. The Int'l Game Developers Assoc. is asking for citizens to write their state representatives in opposition to the bill (AB450 Letter).
You know, one of the things that I don't like about this bill is not only is it anti-free speech, but it is incredibly poorly drafted. It is like adding insult to injury. Geez.
As I've done before, another obsessively annotated look at this farcical (and free speech attacking) bill...
...continue reading.
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+ TrackBacks (0) | Category: Freedom of Expression | Games
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Virtual Worlds Fear Copyright Liability
Ed Felten relates the story of an MMORPG that didn't provide virtual music instruments to the participants for fear they would use the virtual instruments to make copyrighted music and get the company that ran the virtual world in deep trouble (A Land Without Music). Ridiculous? Companies have been sued for providing the ability to create superheroes in a virtual world when players create versions of copyrighted comic book characters. See, EFF, Marvel v. NCSoft. Yes, there is something wrong here.
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May 24, 2005
Posted by Ernest Miller
Eric Goldman points to an interesting and amusing paper on the real world impact of virtual worlds (Compartmentalization v. Immersion in Virtual Worlds). The paper discusses whether a virtual cow farm game (Vacheland.com "cow country" [French]), developed for a French agricultural region "to explain the complexities of agriculture while creating a new image of farming," succeeded in changing citizens' attitudes towards farming (conclusion: only limited success, if that).
Read the 10-page paper: Can Simulation Games Influence Citizen's Attitude and Behaviour Vis-a-Vis Online Public Debate? [PDF]
Although more than 320,000 people visit the website daily to care for their virtual cow, it has not changed their attitudes toward actual cows much (though cow merchandise has done well). For some the game was a nostalgia trip to the simple farm life. Others viewed the game as just another fiction, like Babe. The concern however, was a creeping Disneylandization of consumption: "When I go to a market, I am in 'real life' so I buy milk and yoghurt without thinking about my cow. Breeding games stay at home in my PC". "For me, my virtual breeding never mix with my real life. Thus, when choosing butter, milk or whatever, I absolutely do not think about my virtual cow. I may think of it when going to the countryside, if I see a cow or a Massey-Fergusson tractor, I'd smile and say 'I've the same at home!' but usually there's no crossover."
..."However, I am a big plush fan, and it's different! When I am in a store in the toy department, I have to restrain myself from running to the plush and check for cows or pigs. Plush cows are quite easy to find, for pigs it's more difficult." Of course, technical problems in the game caused some serious negative feedback: My opinion on this institution [the Regional Council] has really changed. I started with a very happy and positive image. Now it makes me sick! This institution has manipulated us all, as politicians manipulate everybody. If I were French and coming from this region, I'd be ashamed of my local officials!" Well worth reading.
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+ TrackBacks (0) | Category: Culture | Games
May 21, 2005
Posted by Ernest Miller
Replacementdocs.com hosts full-color scans (or PDF originals) for thousands of videogames. For anyone who has rented or purchased used games, which frequently lack manuals, or simply have lost the box and documentation, this is an incredible resource ... and clearly a case of massive copyright infringement of the manuals.
It is also a resource for copyright infringement of the games themselves, in that infringing copies seldom come with full documentation. Indeed, game companies have gone after sites that host manuals for this very reason. Likely, this is the reason that Blizzard asked Replacementdocs.com to remove their manuals from the site (Manuals requested removed by game companies (i.e. - don't bother asking for these)).
Replacementdocs.com responds to this argument in their FAQ: As for the piracy issue... What good is a manual without the software? None at all. What good is software without the manual? Plenty to most people. With this in mind we believe that the true problem of piracy is the copying and distributing of the software itself not the documentation. If you stop the software piracy then having documentation online will no longer be an issue. However, If you stop the distribution of electronic documentation, software piracy will still thrive. Besides, game companies are in the business of selling games, not selling replacement manuals for the games. And therefore, we believe this is not affecting their business. A testament to this is the increasing number of companies who freely distribute their documentation online already because they have realized that providing good customer service is more important than protecting ultimately supplemental materials. Some of these companies include Square Enix, Konami, and even Sony's and Microsoft's respective in-house game studios. But it is still woefully few compared to the available catalog of games.
In addition, many of the games listed herein are out of print and the game companies are not making money on them anymore if they even still exist. Yes, technically, they still own the copyrights to the games and manuals, but they aren't making money off of them and we're not making any money off of them. There is no profit to be lost and none to be gained. And if you're some lawyer or company drudge tracking down pirates, come on... it's really all about the money anyway, isn't it? Spend your time tracking down the software pirates that release stuff on the internet before the software hits the stores, they are the real problem. Replacementdocs.com is right (which doesn't mean it still isn't copyright infringement). And it seems that many game companies are beginning to agree, not only the ones mentioned above, but several have given permission for Replacementdocs.com to host their manuals. Even Blizzard has since given permission ( Blizzard manuals to return!).
One of the interesting things about these sorts of copyright infringements, however, is how they accomplish something that the market would be unlikely to accomplish. Sure, one could argue that those who created the site should have first gone to every copyright holder and asked for permission to do this. But the reality is that they would have been entirely ignored. Without a track record, without traffic, without money to throw around, with nothing more than an idea and an empty website, no videogame company legal department would have given Replacementdocs.com five minutes. A bit of a chicken and egg problem, and a serious one for copyright.
via BoingBoing
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+ TrackBacks (0) | Category: Copyright | Games
May 18, 2005
Posted by Ernest Miller
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+ TrackBacks (0) | Category: Games
May 17, 2005
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AOL Wants IM Integrated With Videogames
Corante's Get Real notes that AOL is releasing a software developer kit (SDK) so that videogame creators can integrate AIM and ICQ functionality into their videogames - IM with friends while you waste far too much of your time on a leveling treadmill (AOL Releases Kit for Game Developers to Integrate AIM and ICQ). What took them so long? And when will they stop being so proprietary? This is actually a development worth following.
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May 16, 2005
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Videogames and Libraries
It doesn't sound as if Jenny Levine is going to be at E3, but she should as she continues to proselytize videogames and videogame playing in libraries (Grant Us Some Gaming): Our plan is to submit a grant to put together a gaming package, much like the one Erin Helmrich and Eli Neiburger are going to show off at our May 26 Tech Summit (just 3 seats left!), except that ours will be a traveling road show. We want to get a number of MLS libraries to commit to the idea of gaming tournaments using the traveling road show. MLS will coordinate scheduling the equipment and can house it when not in use, but participating libraries would hold their own tournaments in their own buildings for their own patrons. The winner from each library would then go on to a championship tournament with bigger prizes at stake. The whole thing would be ongoing, with the championship possibly being an annual event. Imagine being crowned master chief of Chicagos south and west suburbs! (Not that well be using Halo as one of the games, but you get the idea
.) I actually think this is a pretty good idea. Libraries are about spreading ideas, not simply books. They've brought in music, movies ... why not videogames?
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Videogame Law: The Blog
With E3 kicking off tomorrow, it seems appropriate to note this relatively new and worthy blog: Patent Arcade: In the business of video games, intellectual property protection is critical to success, and Patents, Copyrights, and Trademarks are the bricks with which any IP portfolio is built. There looks like a very useful list of videogame related cases here: Listing of Videogame Cases. You gotta love it when the author, Ross Dannenberg, prominently notes his gamertag on the blog, "Aviator." w00t via EEJD
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May 11, 2005
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Legal to Sell the Movie, But Not the Videogame
Throughout the country, a number of jurisdictions are considering or have passed legislation to restrict the sale of violent videogames to minors. Strangely, these jurisdictions have made no such restrictions with regard to movies or other media. So, very soon it will be legal to sell to a minor a copy of the violent movie Taxi Driver, but not the videogame version: 'Taxi Driver' fare game for video.
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May 10, 2005
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That Darn Constitution
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April 06, 2005
Posted by Ernest Miller
Michael Madison points to a very interesting Seventh Circuit decision regarding copyright and trademark issues involving virtual golf on arcade machines (Access to Video Games: Methods of Operation). Read the 14-page decision: Incredible Technologies v. Virtual Technologies [PDF].
The case is quite amusing, for a judicial decision: As anyone who plays it knows, golf can be a very addicting game. And when real golfers want to tee-it-up, they head for their favorite course, which might be a gem like Brown Deer in Milwaukee, a public course that nevertheless plays host to an annual PGA Tour event every July. What most golfers do not do when they want to play 18 is head for a tavern. Also, most people are quite familiar with Tiger Woods. But who knows Jeff Harlow of Florissant, Missouri? This case is about golfers who prefer taverns to fairways and aspire to be more like Harlow than Tiger. Our case concerns video golf. I guess I'm easily amused.
Anyway, this case is a good look at "methods of operation" and functional exemptions to copyright, such as the trackball, which is a a method of operation and functionally located (following Lotus v. Borland). Relatedly, the Court looks at the minimal creativity in explaining how to operate the trackball. The case also dives into "scenes a faire" doctrine, determining that depictions of a golf course with wind indicators is a necessary part of a game of video game golf. More commentary on this from barrister Warwick A Rothnie here: Scenes a faire and creativity: copyright in golf simulations in the USA.
So, although there seem to be an awful lot of similarities between the two games, the Seventh Circuit upholds the lower court's denial of a preliminary injunction.
Finally, gotta love this smackdown regarding the claimed trade dress violations in the control panel: IT argues, however, that the district court did not take into account what happens in the marketplace. IT says, Bar and tavern patrons, often in dimly lit spaces, typically approach and play these video games while consuming alcohol; they are not consumers using high degrees of care in selecting, identifying, or differentiating the Golden Tee and PGA Tour games! One wonders how different the control panels would have to be to avoid confusing such users.
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+ TrackBacks (0) | Category: Copyright | Games
November 06, 2004
Posted by Ernest Miller
Okay, so I'm in the Podcasting session at Bloggercon and a fellow named Kieran made a very cool suggestion as a possible market for podcasts: videogames.
Grand Theft Auto: San Andreas, like previous games in the series, includes the most realistic radio simulations of any game. There is even a roundtable discussion of violence on a faux-talk show. So why not download podcasts that you can select in GTA's radio?
Sounds cool to me. What other games could benefit from podcasts?
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+ TrackBacks (0) | Category: Broadcatching/Podcasting | Games
August 31, 2004
Posted by Ernest Miller
If you haven't noticed, I'm a big fan of machinima. So, I'm excited when companies promote and support its creation. In this case, the superhero-themed MMORPG City of Heroes is sponsoring a short film contest (City of Heroes: Film Festival Contest). The films don't have to be machinima, but they can be and I'm sure many of them will be. Attention all you budding Raimis, Spielbergs and Jacksons! The time has come to show us what youre made of! The chance to demonstrate your cinematic skills by creating a City of Heroes short film has arrived. We proudly invite you to participate in our first ever Paragon City Film Festival!
Using game footage, animation, live action or whatever you can dream up, show us the city through the eyes of your hero or team. Take us on flights of daring; show us spectacular battles, heroic rescues or zany antics. Be the ultimate CoH film director by exhibiting your editing skills, creating your own exciting story, adding captions, music, voiceoversbe creative, for the sky is the limit (just make sure nothing in your film infringes any patent, copyright, trademark or other intellectual property right, or any privacy, publicity or publishing rights of any third party, or is libelous, obscene or otherwise contrary to law!). They even have instructions on how to record action from the game if you want to make machinima ( How to Demorecord).
Unfortunately, copyright is, of course, a major concern for those who sponsor these contests: Due to copyright music laws, if youre going to score your cinematic masterpiece, you MUST do so with the musical pieces located here: ftp.coh.com/music/....
Feel free to combine music selections and/or splice them if you wish, but you may NOT add your own or use music created by someone else. For this same reason, you may record your own voiceover but copyrighted sound bytes from television programs, movies, etc are strictly prohibited. Film entries that violate intellectual property laws will be automatically disqualified from the contest! If you manage to survive the copyright gauntlet, there is (among other prizes) a nifty bonus: Not only that, but the winning movies will be featured on the game disc included in the Special DVD Edition of City of Heroes, being released this holiday season. One of the interesting features of this contest is that there are two categories: action and comedy. Drama remains underdeveloped, mostly because of the difficulties in using machinima to render complex emotional states in virtual actors, but I think a good machinima comedy (*cough* RedvsBlue*cough*) can be and is as good as anything on broadcast television or in theaters.
via Joystiq
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+ TrackBacks (0) | Category: Games | Machinima
August 23, 2004
Posted by Ernest Miller
BloodRayne is a game about a female vampire hunter, a very attractive female vampire hunter with daddy issues: In 1932 an American teenage girl was apprehended in Europe after carving a path of destruction trying to track down and kill her biological father. The girl's name was Rayne and she claimed the people she killed, and her father who was still at large, were vampires. Before more information was attained, the girl disappeared.
That girl is a Dhampir; a product of her human mother's rape by her vampire father. Born with powers of a vampire without all of the weaknesses. She was taken in by an underground organization calling themselves the Brimstone Society -- a top-secret fraternity that hunts down and destroys supernatural threats. Agent BloodRayne, as she is now known, protects humanity from things that ordinary people shouldn't have to deal with. Except that part about appearing topless in Playboy ( BloodRayne 2 News): Rayne Makes Her PlayBoy Debut
If you felt teased by her sexy Girls of Gaming cover, then this new feature art is going to blow your mind! Rayne is 100% topless and smokin' hot in the October issue of Playboy magazine. This is a first in videogame history and trust us when we say that Rayne does not disappoint. The magazine hits newsstands in early September so here's a great excuse to get a copy! Um, okay. The line between airbrushed photos and Renderotica is getting a lot more blurry. BloodRayne image gallery here: BloodRayne.net Gallery.
I can't wait until concerned parents get word of this (among others). In any case, this certainly is a milestone ... or something.
via Fleshbot
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+ TrackBacks (0) | Category: Games
August 18, 2004
Posted by Ernest Miller
GameSpy reports that the California legislature has passed a bill requiring videogame retailers to post ratings labels and provide information about ratings on videogames (Video game bill passes Senate). The bill now awaits the signature or veto of Gov. Schwarzenegger. Read the legislative analysis of the AB 1793 here: AB 1793 - Bill Analysis.
While this is better than original versions of the bill, it still shows the prejudice legislators have against this particular media. Why not similar requirements for bookstores, movie theaters, music stores and magazine stands?
via Joystiq
UPDATE
Here is an AP article on the cybercafe regulations in Los Angeles that quotes your humble correspondent (Violence Tackled at Online Gaming Parlors).
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August 06, 2004
Posted by Ernest Miller
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July 16, 2004
Posted by Ernest Miller
...continue reading.
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July 05, 2004
Posted by Ernest Miller
WIRED publishes an AP wirestory on the opposition to violence in videogames (Violent Video Games Under Attack). Why violence? Perhaps it is because not too many games feature sex. I expect this to change over the next couple of years. In any case, this article is yet more evidence that the fight for free expression for this media form is not even close to over.
Of course, the good AP editors must still be on holiday: There is also the inescapable fact that the military uses video games to train its soldiers. A 2003 University of Rochester study found that young adults who played a lot of fast-paced video games showed better visual skills than those who did not. It is also an inescapable fact that the military uses movies, pictures and print media to train its soldiers. Why is this relevant? Is the military using the games to teach aggression? Perhaps they are using them to train for better visual skills, at least that is what the second sentence of the paragraph seems to imply, or maybe it isn't related to the first sentence at all. Who knows? Author Evan Wright ponders the effects of video games on U.S. soldiers in the current Iraq war in his new book Generation Kill. In an endorsement that Grand Theft Auto creator Rockstar Games would probably rather not get, he quotes one U.S. soldier as saying an ambush felt just like playing the game.
"It felt like I was living it when I seen the flames coming out of windows, the blown-up car in the street, guys crawling around shooting at us," the soldier says. A truly touching anecdote. Go back to the first Gulf War and you will undoubtedly find references to the resemblance or non-resemblance of war to the movies' depiction of war. A reader-submitted review of the book on Amazon claims that the book includes a similar anecdote about another media form as well, "someone recites gangsta rap lyrics as he ecstatically sprays machine gun fire on the enemy ( A very admirable piece of wartime journalism). Read the book and I'm sure you'll find other shocking examples of our culture being invoked by our soldiers in Iraq. Imagine that, our soldiers evoking our culture to describe war. Still, the notion that games should be restricted is accepted elsewhere. New Zealand, Brazil, Germany and several other nations have outlawed some games. They are also restricted in countries like China, too. However, the article doesn't note some other censorship characteristics. Germany outlaws all media (including games) that depict Nazism in particular ways, something our First Amendment wouldn't allow. New Zealand's Office of Film and Literature Classification has outlawed some movies as well.
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May 28, 2004
Posted by Ernest Miller
According to Xinhuanet, the Chinese government has banned a computer game for "distorting history and damaging China's sovereignty and territorial integrity" (Swedish computer game banned for harming China's sovereignty):
Moreover, "Manchuria", "West Xinjiang", and "Tibet" appeared as independent sovereign countries in the maps of the game. In addition, it even included China's Taiwan province as the territory of Japan at the beginning of the game.
Nor is this the first videogame banning. Other games banned include Project IGI2: Covert Strike ("The game was accused of intentionally blackening China and the Chinese army's image as a freelance mercenary fights in [China]") and Command and Conquer Generals: Zero Hour Expansion ("Also for smearing the image of China and the Chinese army").
via Techdirt
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May 25, 2004
Posted by Ernest Miller
Fascinating story in WIRED about the addition of virtual addictive drugs in virtual worlds (Virtual Dopers Crave High Scores):
"In every game, having some danger and having the sense that there's some danger is exciting," said [Andy] Tepper [lead designer for A Tale in the Desert]. "So if you can make it so the danger to you is you, that's nirvana."
More than that, Tepper said, the game's other players love talking about it when someone falls victim to Speed of the Serpent. "It's not good for business to kill your customers, but overall it makes it a much, much more interesting world."
Spoken like a true tobacco executive. Seriously, though, this is immensely interesting.
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May 10, 2004
Posted by Ernest Miller
Thanks to the folks at the Entertainment Software Association, I'll be attending the E3 Expo this coming Wednesday - Friday. I plan to write some reports on the expo focusing on issues of interest to this blog. If any readers plan to attend as well, drop me a note.
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March 24, 2004
Posted by Ernest Miller
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+ TrackBacks (0) | Category: Culture | Games
March 10, 2004
Posted by Ernest Miller
DJ Dangermouse's release of the controversial Grey Album has brought the question of reusing and remixing content to the forefront. Now, another group has taken the next logical step and released the Jay-Z Construction Set:
The Jay-Z Construction Set is a toolkit with all of the necessary software and raw material to create a new remix of Jay-Z's Black Album. It includes nine different variations on the Black Album, over 1200 clip art images, and a couple hundred meg of classic samples and breaks. The Jay-Z Construction Set is available on-line through filesharing networks and protocols such as BitTorrent.
This collection of material is certainly a violation of copyright, yet it points the way to a much richer vision for culture. I would hope that, in the near future, artists and publishers will see the value of releasing not only polished works, but the bits and parts used to create a work, including those parts that were rejected.
This is good not only for fanboy obsessives, but could serve to train people's musical ears, helping them hear the difference between different mixes of music. It would obviously be a boon to unexperienced musicians who could learn much from the choices other musicians and producers make. DJs would certainly have more opportunity to creatively add to the originals with this sort of access. And, likely, such efforts would help identify new talent.
Combine this with a system that permits "recipe" mixes as I've written about before (A History Palette for Music and The Grey Album - No Copying Necessary) and there is no danger of the artists and producers losing money. Indeed, such a model has already been quite successful in another media - videogames.
Many videogames permit players to create new content for the game engine, such as levels, maps and mods. This new content is freely distributable (at least for noncommercial purposes) and frequently incorporates content created by the original game designer along with new user-created content. This has been incredibly successful for videogame companies. The more content there is, the more popular the game becomes. The ability to create and add content creates feverish and committed communities of fans for a game. Imagine if musicians had such communities working for them.
The videogame model works for the game companies for a couple of reasons, but could also work for music companies:
1) You need to purchase the game engine for the content to be useful. In my recipe model, the mixing software that recreates the mix from the recipe would serve this role. However, it wouldn't be a significant revenue stream for the artist.
2) Often, the levels, maps and mods created by fans include content originally created by the game creator and shipped as part of the game engine. The shared levels and maps generally don't include copies of this content, since it is assumed that the downloaders already have the content and it saves on file size. In essence, many of these shared levels are what I would call "recipes" that remix the existing content in the game. Of course, there are full mods with entirely new content, but those are relatively rare (though they can be extremely popular and creative). Here is where the music recipe model can compensate the artist. In order to create the remixed version of the music, a downloader of the recipe file is going to have to have access to the original works, which, presumably, would be paid for in some manner through a legal download system.
Of course, the Jay-Z Construction Set points to an advantage for musicians that game companies don't share. Generally, game companies don't really have the luxury of shipping alternate takes on a level or unfinalized content for the game. However, when a musician releases a wide variety of takes and alternates, which were created organically, they create a much richer ore that remixers can mine. The more material you release, the more things people can do with it, which means the more people will want it. Heck, musicians might eventually ship only the construction set along with their favored recipes.
In a related note, Furdlog pointed out a brief Billboard interview with DJ Dangermouse (Danger Mouse Speaks Out On 'Grey Album')
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February 26, 2004
Posted by Ernest Miller
Cardozo Law Professor Susan Crawford gives me an excuse to talk about one of my favorite topics - machinima (Susan Crawford Blog :: Machinima). For those who are unaware, machinima is a media form in which creators use pre-existing 3D engines (typically game engines, such as Unreal) to create new video works. Basically, machinima is a cheap and easy way to make animated movies.
Apparently, Crawford is planning something called "Property Law: The Video Game" and had the whole machinima concept introduced to a bunch of law professors. "Property Law: The Video Game" actually is an intriguing concept. I don't know what Crawford has planned but it will be interesting to see, as we already have property law videogames out there, in a sense, such as EverQuest. Certainly there are both implicit and explicit (not to mention intriguing) notions of property law in games like There and Second Life. Interested in more examples? Check out Virtual Worlds Review. Property Law: The Video Game is worth keeping an eye on, I think.
Back to machinima, however. Honestly, I'm not quite sure how useful this video form will be in law schools. Law is primarily and will, hopefully, remain textual for quite some time. Who wants to watch a video of a document? Sure, you could make machinima reenactments of accidents or crime scenes, but that is fairly trivial. Although ... I do think back to the final exam for one of my torts classes and remember the horrible accident involving Macy's Parade Balloons that was the hypothetical to be analyzed. It would have been very cool to have a machinima version of the accident instead of the paragraphs. Of course, professors will seldom have the desire, time or resources to create such things (many barely have the time to write the traditional page-long hypothetical).
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February 19, 2004
Posted by Ernest Miller
Greetings, Citizens!
PARANOIA XP. AUGUST 2004. MONGOOSE PUBLISHING.
PARANOIA XP WILL BE FUN. FUN IS MANDATORY.
THANK YOU FOR YOUR COOPERATION.
Brought to you by The Computer's brilliant researchers in the R&D service firms of MNG Sector, PARANOIA XP is the entirely updated and perfected version of the darkly humorous RPG originally published by West End Games. The new edition's writers include PARANOIA co-creator Greg Costikyan, longtime paranoiac Allen Varney, and Famous Game Designer Aaron Allston. There are also devious and subtle new contributions from the original PARANOIA line editor, Ken Rolston.
Do not fileshare PARANOIA. Filesharing is Communism! Fortunately, The Computer's loyal Central Processing service firms have devised many innovative digital-rights management methods to shield you from temptation. The most promising methods manage your actual physical digits. Would you care to get your fingerprints remapped?
Citizens, do not read these words from creator Greg Costikyan, a known subversive and traitor (Rabble Rousing):
Paranoia XP, should that be what we call it, is not an attempt to bring back an old RPG for the nostalgic, or not only that. Today, distrust and fear of government is as high as it has ever been. The fear and uncertainty around digital technology is as great as it has ever been, although it has shifted; it is not, as it was in the mid-80s, so much fear of being displayed by this new thing, the desktop computer; more, it is fear that scumbags will hijack your computer for their own ends and steal your financial information and destroy your reputation; that the Powers that Be will monitor your online behavior, to sue you into submission, or to indict you as a terrorist, or a child molester. That companies like Microsoft and the record labels will limit and restrict your freedom in ways no one could previously have contemplated.
The basic themes of Paranoia--totalitarianism, fear of technology, mistrust, and loathing--are, if anything, more relevant than they were in 1984, or whenever the fuck it was we published this thing first.
.... Networking. Spammers. Scammers. Blackhat hackers. Weapons of mass destruction. Totally dysfunctional government. Paranoia XP is not an excercise in nostalgia. Paranoia XP is today. Paranoia XP is what we're living through--writ large, and excessively, and humorously.
.... We need to encompass everything that has happened with computing technology over the last twenty years: the universality of digital media, the Internet, the cultural struggle over intellectual property. Information wants to be free. But nothing is free in Alpha Complex.
Reading the PARANOIA blog is treason. Treason is punishable by summary execution. Have a nice day.
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February 02, 2004
Posted by Ernest Miller
Larry Lessig has written a brief note about a California Appeals Court decision that eviscerated privacy rights in cybercafes (mandated telescreen upheld). There is a Law.com article here (Internet Cafe Ordinance Sparks War of Words). Read the decision (Thany Thuy Vo v. City of Garden Grove [PDF]). The issue that has Prof. Lessig rightfully incensed is an operational requirement for cybercafes that forces them to monitor (read over the shoulder) what people are doing on cybercafe screens, whether it is reading email, browsing the web or playing a game of Counter Strike. However, there are other major issues involved and the decision has some very important victories in it for those who care about the First Amendment.
...continue reading.
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| Category: CyberCafes | Freedom of Expression | Games | Privacy
January 16, 2004
Posted by Ernest Miller
C|Net News has published a Reuters wirestory on yet another First Amendment-violating anti-violent games law (Florida city targets computer game violence). Mayor Joe Celestin of North Miami City is apparently offended by the line "Kill the Haitians" in the videogame Grand Theft Auto: Vice City, calling the phrase "incitement" to violence.
Retailers would be fined (up to $500/day for repeat offenders) for renting or selling violent videogames to minors without parental permission (although one wonders why anyone should have access to the games is they are "incitement"). Violent videogames being games in which players kill or cause harm "to a human form." This is sooo not-Constitutional.
There is a great quote in the story:
"Have they ever watched Cartoon Network?" North Miami video store owner Bob Richardson told the Miami Herald newspaper. "It's the most violent network on television."
Grand Theft Auto: Vice City was partially inspired by the classic Al Pacino movie Scarface, which had the following quote, which seems apropos.
You wanna waste my time? Okay. I call my lawyer. He's the best lawyer in Miami. He's such a good lawyer, that by tomorrow morning, you gonna be working in Alaska. So dress warm.
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Posted by Ernest Miller
Terra Nova has an interesting little article on so-called "rogue servers" that host MMORPGs (Free Rogue Server Achieves Significant Population). Most, if not all (any P2P MMORPGs out there?), MMORPG are based on the client/server model, where each user has a client that talks to a centralized server. The client programs are either sold for a one-time fee or given away. The business model is based on charging subscriptions for the client programs to have access to the server. The issue of rouge servers arises when hackers reverse-engineer or obtain by other means the server software and begin running their own servers.
From a free speech and copyright overreach point of view there are serious legal and policy issues in any attempt to thwart many of these "rogue servers." See, EFF's work on the Blizzard v. BNETD case for some details on some of them.
The discussion on Terra Nova is quite interesting and there is the suggestion of franchising the running of servers. But why not go farther? Compete with these rogue servers by creating server subscriptions. That is, you can have a client and subscribe to the main server farms, or you can run your own server (for you and your friends/clan, perhaps). As a server manager, you subscribe to a service that keeps your server up-to-date with patches and new content (which you use to keep your friends happy).
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January 13, 2004
Posted by Ernest Miller
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