Lawsuits That Changed the Games Industry 54
Gamasutra has up a piece looking at litigation that changed the way the games industry works. Deep, interesting questions like "Is modding legal?", "Are games covered by the 1st amendment?", and "Are games protected by copyright laws?" have all been decided in legal cases within the last 20 years. The site explores these issues, and ponders issues that are likely to affect the business of the games hobby in the future. From the article: "A variety of laws have been put forth by state legislature to act toward censoring game content or controlling the sale of games. As a rule, be immediately suspicious of any legislation proposed in the name of 'security' or 'protecting our children.' The result is often a jumbo size bite taken out of artistic expression and individual liberty. To date, the ESA has fought and won nine out of nine cases on these issues, having the state laws declared unconstitutional. Furthermore, the ESA has sought and won more than $1.5 million dollars in attorneys fees."
Missing a lawsuit... (Score:3, Interesting)
Does not cover modding (Score:5, Interesting)
The article does not cover that question, the only thing related was the case of idiots that tried to gather up a bunch of user generated maps for Duke 3D and sell it as a product (with out permission from the mappers or from 3D realms).
Now the interestign one is if there ARE any precidents on modding being legal/illegal. Obviously games where they give you the tools then it is legal (most FPS games these days, Warcraft, etc etc). But what about games that don't give you the tools? (GTA? Hot coffee?) or where it is actively fought (later versions of GTA). Or hardware type mods?
Re:just waiting for it.... (Score:3, Interesting)
Second, I agree that a class-action suit against one of the really big MMORPGs (or all of them) is overdue. But when it happens, they'll have a stronger case than against McDonalds.
But first McDonalds: McDonalds uses massive ad campaigns targeted at children, a group than any self-respecting state recognizes has an imperfect will: the kid wanting something is not a rational choice. And McDonalds purveys as food substances that fool the senses into thinking they're receiving something extremely nutritive, when in fact, they're getting the obesity and diabetes express. So they're targeting a group not entirely capable of reason with a product that fools the senses. And they're intentionally doing that.
So yeah, "Some people". Some people have free will, and are responsible for their actions. Others, by law, are not.
But what about MMORPGs? Here we have another way to suppress free will: addiction. MMORPGs are marketed like any other game: in boxes in stores; sometimes you can download them, but they are not designed like any other game. In particular, they are designed to encourage addiction. Sorry guys -- but when you give out intermittent reinforcement for work done, and then package that with a community that adds a social value to it, you have a dangerous recipe for addiction. And if you're a game company, you want to capture that addiction, and market it. $1 Bn/year in revenue is nothing to be sneezed at.
So yeah, I see a lawsuit here, and it won't necessarily be a bad thing. Putting in some brakes to the excesses that some players go to (and there are lots of players going to excesses) would be good for the overall experience for everyone.
That's funny (Score:3, Interesting)
And as for me? I've just dropped 70lbs through a ton of diet and exercise, and as silly as it sounds, I went through what can only be described as withdrawal symptoms when I gave up fast food. Mild symptoms, but noticeable all the same. When I'd get stressed, I'd really want to hit a fast food joint. Not just any 'ole restaurant either, but specifically a fast food joint. Took about a month to get over the cravings, and nowadays I can hardly stand the stuff, but it was tough going the first month or so.
You've got to remember, this 'food' is chemically engineered to taste good, and to make you want more. e.g. That old slogan "No one can eat just one" isn't just advertising. Those chips are designed by a chemist to make you want another, and another, and another... Read Fredrick Pohl's "The Space Merchants" if you haven't already. Everything he describes in the book is already done on a slightly less overt and evil scale, but it's all there. Real science fiction, and this is comming from a guy with a background in marketing.