7/30 Shortcuts

Another shortcuts from another day. We’ll probably have more on the Scrabulous, Blizzard, and Age of Conan stories in a later segment.

• Facebook pulls Scrabulous from US and UK servers.
• Gamepolitics has the court documents from Hasbro’s prior lawsuits over the game.
• Sen. Ted Stevens (R-AK) indicted in Alaskan court. The internet may be a series of tubes, but his bank account is a series of oil company transactions.
• Blizzard moves for a permanent injunction in the Glider case. Virtually Blind has the PDF of the motion.
• EA reports a $95 million loss this quarter (better than last year. Most companies post a loss this time in preparation for holiday sales). Smart investors know this is not a bad thing, and EA’s porfolio of upcoming games is as as strong as we’ve seen for any company. Also, Bad Company sells 1.6 million copies.
• Rob Pardo says: Raph Koster is wrong, PC gaming is not dying, it’s evolving. No offense Raph, but Rob’s got a better track record on this one, and the technological state of the PC gaming industry tends to agree with Pardo.
• EA acquires Shawn Fanning’s social networking site. Spore has 33% female fanbase. Battlefield Heros to integrate social networking, and EA to focus on strong launches for Heroes and Spore.
• Nintendo files for injunction in Tokyo District Court against R4 Revolution modchip sales. Gamasutra says the suit is limited only to Japan’s jurisdiction and is not aimed at western sales.
• Age of Conan developer Funcom’s stock drops by half. It’s misleading, because it’s now still above the levels it was shortly before Conan’s launch. This is both a non-issue and a big deal. It’s a non-issue because the stock price boom was the result of the Conan launch, clearly a temporary bubble, and due to correct anyway, and it recovered to a still-higher-than-pre-launch price. It’s a big deal, because it dropped by half, meaning some traders made it big on the stock, and others missed out on a big chunk of change. The drop was precipitated by SOMETHING, in this case, a huge exodus of players due to bugs, balance issues, and lack of end-game content.

That’s all for this edition of shortcuts. Tune in next time for “Son of shortcuts!”

Popularity: 8% [?]

Jack Thompson update

Soon to be disbarred attorney Jack Thompson has a new website: http://www.copycatviolence.com/ though there is nothing there at the moment. Thompson was recently recommended for permanent disbarrment by a Florida Bar Judicial Referree. His disciplinary hearing is now on the Florida Supreme Court’s docket, who, in our opinion, are likely to split the difference between the Referree’s recommendation of permanent enhanced disbarrment and $40,000 of legal fees, and the Florida Bar’s recommendation of 10 years disbarrment. Our guess is that he’ll be slapped with life disbarrment, but with the option to reapply for his license in 20 years. Given his age, it’s doubtful that he’ll be able to practice at that point, so it has the intended effect, while saving a little face for him (though to be honest, we wonder how much of a consideration the Court will give to that, given he is probably the single most egregious continuous ethics violator that the Court has ever seen, and his antics have crossed several states and ruined the careers and reputations of some reputable Florida attorneys), and it gives the court a little flexibility.

On the other hand, they may, given the chilling nature of his actions, decide to come out with a strong statement that his actions won’t be tolerated. We think that it’s about a 60-40 at this point, leaning towards a harsher punishment.

If you are attending PAX 2008, we’ll have a special segment in our panel on legal issues in computer gaming about Thompson, with thoughts from expert Tom Buscaglia of the IGDA, who is very familiar with Thompson over the years.

Popularity: unranked [?]

Pass in Review: Randy Pausch

Randy Pausch, who most know as the famous “last lecture” professor, passed away this week of pancreatic cancer.

His last lecture is inspiring, and you owe it to yourself and your family to take an hour and 20 minutes of your time and watch it on youtube. I won’t offer a link because it goes up and down, but just search for “Last Lecture” and it’s the one that’s over an hour and has millions of hits.

What few may know about Randy is that he was a friend to the gaming community, and the meta-gaming improvement movement. Randy was known for his work on Peacemaker, the controversial Israeli-Palestinian conflict simulator. I had actually planned to write a blog post about that sim, but never got around to doing it, as it makes quite a lot of assumptions that any realist (a legal realist especially) would scoff at as having no place in the world we actually live in. But more than that, he was a “game education giant”. He designed rides for Disney, games for EA, and required his students to design games that did not allow sex or violence, to force them to innovate in their design theory. Not out of any particular abhorrence for violence, but out of the idea that we should be teaching our developers to think outside the creative boxes that prior creations have molded. That’s how you get games like Lumines from Tetris – instead of just making another blockdropper, the Lumines team created a block dropper that integrates movement, music, timing, and tactics in a way completely impossible with Tetris.

And that’s Randy — a professor who existed entirely outside the box, and was not just another academic block dropper, but integrated his life experiences and soul into his craft in a way completely impossible by other academics. And we as gamers are the better for it. In his memory, Electronic Arts is creating a memorial scholarship for women in computer science, following his legacy of supporting women in a traditionally male dominated industry.

I’ll close this post with a quote from Prof. Pausch’s last lecture:

“Brick walls are there for a reason. They let us prove how badly we want things.”

Randy Pausch,  1960-2008

Popularity: unranked [?]

7/25 Short Cuts

Every now and then we’ll get swamped with news that doesn’t quite merit its own post, and we can combine it into a group posting. We call these “Short Cuts”. Without further ado:

• Microsoft to take a larger cut on better performing XBLA sales as a “marketing fee”.
• EVE Online announces unofficial ISK and Time Card seller has been scamming players. Make sure you buy from CCP’s official retailers for time cards.
• Speaking of RMT, Live Gamer, a legitimate RMT company that is authorized by some MMO’s to conduct official transactions, hires a Finnish  “Virtual Economist” to support their operations. Live Gamer aims to legitimize the RMT trade through stability and regulation.
• Team Ninja head Tomonobu Itagaki increases his demand in his unpaid wages lawsuit against Tecmo to approximately $1.6 million, and has provided evidence that apparently damages claims by Tecmo chief Yoshimi Yasuda that certain bonuses were never promised to Itagaki. Joystick has a picture of the rad-looking Itagaki clad in black leather and dark sunglasses.
• Gamasutra has a post on telecommuting for industry employees that touches on some of the legal aspects involved. (i.e. if you offer it, make it available to ALL employees, document everything, practice proper emailing/communication techniques to avoid temper flare-ups that can lead to employment suits, etc.)

Popularity: unranked [?]

Study: MMORPG subscriptions out of favor

New, from the “telling us what we already know” department: MMORPGs that make players pay a monthly subscription are disfavored by players, who prefer free-to-play models. So says a recent study by the Parks Associates research firm, which surveyed around 2000 online game players and found that only the hardest hardcore gamers preferred the subscription based model, and of those who did not already play an MMORPG only 2% would consider a non-free model.

Of course, hardcore players are also opposed to microtransactions, and they figure a subscription gives them the most bang for their buck, since they’ll always have access to the best gear (since they are the hardcore high-end raiding players) while paying the same amount as other players. They oppose microtransactions because it allows players with more money to gain a significant advantage over them, and cite play balancing issues when all players don’t have the same items.

The irony of this final statement is that all players usually don’t have access to the same items. High end raiding loot is unaccessible to nearly all players except those in the most elite guilds. In essence, this is a traditional situation where “those in power wish to remain in power at the expense of the greater good” social problem found in nearly every political science handbook. According to the study, aside from WoW most MMO games are using the free to play model anyway. We’ve always known that WoW’s unrealistically high subscription numbers, and atypical hardcore fanbase can seriously skew statistics in the MMO tracking field. But as more and more games go to a free to play, or pay once to play model, either supported by microtransactions or not, I predict we’re going to see a serious drop in the statistical power and strength of WoW. Not their subscriber numbers, because Blizzard has always been an influence-driven market player. But because of their highly atypical status, and the overwhelming acknowledgement by other MMO companies that “we’re not even trying to compete with WoW”, eventually WoW will (d)?evolve into a field of its own, the last bastion of the subscription based, high box price, costly expansion pack style MMOs; while the rest of the market focuses on free-to-download-low-subscription games, pay-once-for-the-box-and-no-subscription-fee games, Steam/Impulse style distribution systems that lower the cost for the consumer while improving the margins for the developer and publisher, and completely free games supported by advertising and microtransactions.

It’s basic economics, which interestingly enough, a white paper submitted by Terra Nova titled “Project Arden” suggests apply readily to the online world. Consumers will choose, among equals, the product that costs less. Smart consumers will weigh rationally the monthly subscription cost into the total price of the game, making a $50 WoW suddenly $170 to play for a year. They’ll compare that to a completely free Battlefield Heroes (even throwing in $30 for microtransactions), or a $20 Guild Wars, with no subscription, and the significantly lower price point weighs strongly for them. The fact that Blizzard has managed to keep so many subscribers is in large part due to the incredibly high perceived quality of the game (it pains me to say that, as I disagree with the perception), but that is also tethered to the Blizzard brand name, and is something that other publishers simply cannot hope to capitalize on. If they attempt to charge the same high monthly rates along with an initial outlay for the box and disc, they will lose in the end unless their game is perfect — something we all know NEVER happens in the MMO arena on your first few tries.

Popularity: unranked [?]

Blogger declines HP’s EULA, rejects Vista, receives $200 check.

This is a very interesting story about the possibility of rejecting the terms of a EULA. Essentially, what happened is that the blogger bought a new HP desktop, but it came with Vista, and he refused to accept the EULA terms. He pestered Best Buy, Microsoft, and HP (Microsoft’s EULA does say to contact the manufacturer if the user does not agree with it), and after getting assurances from HP that they simply do not support Linux drivers, he was given a $200 check from HP CEO Mark Hurd.

Keep in mind that the PC was only $599 in the first place.  This action provides a market based precedent that consumers can receive a remedy from the manufacturer as a result of being forced into unfairly having to purchase an OS tethered to a product. Of course, there is no binding authority here, but it is a further acknowledgement that the tethering of OS software to a product is an inherently unfair practice, and harms a certain segment of the population.

Of course, the opposite is true, probably in larger numbers: the majority of PC users do not know how to install an OS, certainly not Linux, and would be harmed even more by ALL PC’s being required to come without an OS.

But it does present a solution. Legislation should be passed noting that this is inherently an unfair act, and regulating the PC sales industry to require that they remove or refund the price of the Operating System, on demand, if the customer does not wish to have it installed. That particular product ID for the software by the OS manufacturer will then be disallowed, preventing the user from getting their refund and then installing the software anyway. You need it to be on the request of the consumer, not requiring the salesperson to offer it, because a) they’ll forget, or ignore it to get more commissions, and b) cause more trouble than it is worth because people will look to save a buck or two, and then have what they think is a bricked computer, and c) the people most likely to be affected by this legislation and take advantage of it, are “hardcore” enough to find out about it online anyway.

It should be noted that the online PC sales industry already lets you remove OS software from a new unit you buy, and allows you to choose your type. Only the brick and mortar PC sales industry still requires that consumers get stuck with a certain OS, and the price tag, just for buying the desktop (obviously this excludes the research and server industries, which have much more focus placed on the OS’s capabilities. Notably this also excludes Apple, though this is changing with now two companies offering Mac clones- one with OS X installed, and one that is “OS X compatible, and you have to install it yourself”. However, we exclude Macs here because they inherently allow multiple operating systems as part of their marketing strategy via BootCamp and Parallels Desktop/VMWare Fusion. Furthermore, people only buy an Apple computer if they specifically want Mac OS. It is a voluntary choice to have the software tethered in this case. Thus, the tethering aspect is not such a big deal, as users know what they are getting into.)

Popularity: unranked [?]

Gamer class definitions get muddled

Several major news outlets published reports from industry execs attempting to define “casual, hardcore, etc.” gamers. It happens every year, usually around this time too. But some experts are suggesting a move away from these definitions, as they may no longer be important, at least, not in the way we are familiar with.

Gamasutra reports that Electronic Arts CEO Trip Hawkins has predicted the rise of the “omni media gamer”, or the “super casual gamer”.

“The CEO then listed the attributes Omni Media Gamers are looking for in games: convenient, social, short play sessions, themes, viral, and playable anywhere and anytime on any device or network. It’s unlikely that this model will be led by current front-runners in the social space, such as Youtube or Facebook. Instead, innovators of multiple platforms will most effectively adopt the model.”

Of course, he also forgot some of the key aspects of game design (as can happen with EA) — namely that the games need to be GOOD.

At the same time, BigFish Chief Strategy Officer Paul Thelen thinks that casual and hardcore are insufficient terms to define the market. He creates 10 categories of casual gamer, and 4 categories of hardcore gamer, that more sufficiently cover the “shades of grey” inbetween the two extremes. Some of the examples include the “Nancy Drew player” — which he says are “older female gamers who play games to relax. They tend towards puzzle games and casino games; 59 percent of them are over 35 years old, and many are retirees. By contrast, the average gamer age is 33.” Contrasting this are the what he calls the “”heavy action” gamers, who play titles such as Grand Theft Auto, World of Warcraft, and Call of Duty. That group skews 73 percent male, and 45 percent of the audience is between the ages of 18 and 34 years old.”

Where does the reality lie? Probably somewhere in the middle. Referring to “Omni Gamers” as some sort of new class is disingenuous marketspeak. They are the exact same casual gamers who spend time at AddictingGames.com, and tab between Gchat and Aim, and Facebook.  Categorizing them by their external, non-gaming activities does nothing to help game companies: these players are still attracted to the same, simple, easy to use, free-to-play casual games on the web, or cheap fun party games on consoles as traditional “casual gamers”. What about sports fans who don’t care a whit about Halo or World of Warcraft, but will buy every version of Madden and NCAA Football that comes out, ever? Are they hardcore? What are the odds that you could get them to play a casual sports management web game? Some fantasy sports games and brackets could themselves probably be considered “casual games”.

And what of the so-called “hardest of the hardcore” gamers? Why do game companies insist on writing them off for casual gaming? Hardcore gamers understand game design, theory and “fun factor” on a far more developed level than most other gamers. It is VERY important to understand that these gamers will play ANYTHING, be it a casual 3 minute long flash game, or a 400 hour Square Enix RPG, as long as it is fun. (There are subsets here that will play even if it is not fun, based on things like brand loyalty, or preference for graphics over gameplay, as well). I cannot tell you how many times I’ve seen users on a web forum that I run go batshit over flash games because they have “fun zombie killing action.” That’s what these players like, the gameplay is tight and the story is just good enough to keep their attention, and so they enjoy it for what it is. They don’t CARE that it is a casual game — that’s part of the fun for them, because even hardcore players need a break from grinding in MMOs.

Industry representatives would do very well to stop trying to classify round gamers into square holes, and instead look to the gamers themselves to find out what they think of their own habits. Ask them. The industry as a whole does a poor job of interaction with the gaming community (a few notable exceptions aside). This debate could be put to rest once and for all by simply increasing the amount of gamer and player input into the design process.

Popularity: unranked [?]

Ubisoft Q1 sales up 26%

Reported at Gamasutra: Ubisoft, fueled by strong sales in the casual DS games market, had a Q1 sales report showing a 26% increase, up to $263.7 million. This comes even as their flagship title, Splinter Cell, is delayed to 2009.

Sales for the year in the “Games for Everyone” casual games brand are up 33% growth, up from 11% growth last year. Ubisoft expects Q2 sales to grow as well, up 26% from last year, pushed by the release of blockbusters “Brothers in Arms: Hells Highway” and “Soul Calibur IV”, both of which will be multi-console games, and several new casual titles for the DS and Wii. Ubisoft sales this year are expected to reach nearly $1.6 billion, and got a tiny bump from E3.

I would expect Q2 to either meet or exceed expectations, given the extremely favorable initial press reactions to Soul Calibur IV. The result will hinge on Brothers in Arms — if the game is as good as the previous iteration of the series, it will be a strong wave supported by the Soul Calibur anchor, and possibly even exceed sales. Also, there’s a good chance of seeing downloadable content for both of these games that can drive further sales.

Popularity: unranked [?]

Senate introduces video game content regulation legislation

Gamepolitics reports that the U.S. Senate is introducing legislation that would regulate sales of violent video games, and is essentially identical to a version currently in the House.

The relevant text of the bill states:

…prohibit the distribution or sale of video games that do not have age-based content rating labels [and]  prohibit the sale or rental of video games with adult content ratings to minors…

However, the bill, slated as S.3315, does not currently have the full text on the Senate website. We’ll keep you posted as to the status of this bill, as it’s a bit too early to offer predictions before the full text is online and certain key interest groups have had their say.

Popularity: unranked [?]

FAQ on the NY Video Game Law

GamePolitics has yet another post on New York, this time a rather helpful FAQ on the New York Video Game Law. We’ll post a relevant highlight below:

Q. Will any of these groups sue to block the law, even if the game industry doesn’t?

A. That remains to be seen. GamePolitics was in touch with the NYCLU on July 23rd, but they had not decided upon a course of action at that point.

Q. What would be the constitutional arguments against the NY law?

A. One argument is that by using government power to mandate that there must be a rating on a game, it is thus “compelled speech,” a free speech no-no. The advisory council, it could be argued, is a governmental oversight agency that will impose its will on the rating process. Forcing parental controls on console systems could likewise be argued as compelled speech.

And as if further evidence was needed of the toothlessness of the law, the FAQ includes a laundry list of things excluded by the statute, as well as outlining the potential makeup of the Advisory Council.

Q. Are PC’s considered game systems under the law?

A. No, they are specifically excluded.

Q. Are handhelds like the DS or PSP subject to the law?

A. No, they too are specifically excluded.

Q. Who will serve on the Advisory Council?

A. That is up to Gov. Paterson, who will appoint the 16 members. According to the law, 14 of the members should have expertise in juvenile violence issues, while one seat goes to represent video game retailers and another goes to represent video game “manufacturers” (we believe they mean publishers).

Popularity: unranked [?]