The rise of social games has changed the face of the gaming industry in countless ways. With lower barriers to entry than traditional game development, new titles are launching essentially non-stop, not only from larger companies, but from a multitude of start-ups as well.
Facebook Credits are here, and they’re sparking quite a bit of debate. Credits are the virtual currency that Facebook hopes third-party game makers will use so that there’s a single, consistent currency across all the games in the Facebook community. But if you’re going to use Credits, you not only have to pay Facebook a 30 percent cut of any transaction you make with the currency, you also have to keep to some pretty stringent terms dictated by Facebook.
This article by Shawn Foust was originally published in the Social Beat. To read the article please click here.
In February 2009, the 9th Circuit Court of Appeals struck down California's Violent Video Games Act banning the sale or rental of "violent video games" to minors. While the holding is squarely in line with substantial U.S. Supreme Court precedent requiring parents — not government censors — to decide what is appropriate content for children, the U.S. Supreme Court just granted review. Mixed in with the legal issues are some of the most troublesome themes for free speech protection — minors, sex and violence. The grant of review is therefore unsettling.
I’ve spent the better part of the last few months acquainting myself with the intersection between privacy and social games. Things can be a bit complicated.[1] The goal of this article will be to explain the current state of affairs and suggest some options to consider when drafting a privacy policy that touches on social games.
If you’ve ever seen clips of Halo avatars discussing how they are stuck in a canyon with the enemy camp,[1] or watched the South Park episode where the main characters play World of Warcraft,[2] then you’ve experienced a genre of film called “machinima.” The term "machinima" (machine + cinema) generally refers to animated filmmaking within a real-time virtual 3-D environment.[3] To accomplish this, a "machinimator" (machinima + animator) pieces together video game footage to create an independent production that is distinct from the video game itself. Essentially, the machinimator is a digital puppet master who utilizes the environment, design, and characters of a video game to create a separate story. Machinimators normally record their productions in real-time using a capture card (hardware) or video capture program (software). Additionally, many video games now provide an in-game video capture ability, which allows users to easily record their own game footage.
Let's start with the basics. When someone purchases a video game, an end-user license agreement (EULA)[2] details the rights the purchaser has to play and use the game. Additionally, users can often buy optional downloadable content such as map-packs, mini-expansions and the like. Users may also elect to purchase small add-ons to games (such as power-ups, new costumes, or equipment fully capable of being taken off sweet jumps) via microtransactions For ease of reference, we'll call both categories "DLC" (but we recognize some distinction may be drawn between the two). Purchasing DLC is typically handled in three ways: integrating the transaction into the video game itself, conducting the transaction externally via a game platform, such as video game platform, or through a third-party provider such as LiveGamer or Paypal. When the transaction relies on a third party, there may be a terms of sale (apart from the game developer's EULA) that governs a user's purchase of the DLC. Two distinct legal agreements from two separate companies relating to the same game content creates the potential for conflict. For example, the third party's terms of sale governing the purchase of DLC may be silent on the topic of content ownership or may even conflict with the EULA.
I will leave the discourse on the necessary role an end user license agreement (“EULA”) plays in the game environment for another day.[1] Instead this entry takes a quick dip into the challenges to enforcing a EULA for a game with global player base and offers a few quick suggestions for catering your EULA to address some of these pitfalls.
Continue Reading...When strolling the streets of an online virtual world that allows user-created content, it is not uncommon to see brands that you recognize. A Ferrari may roll past you in the street. The avatar walking toward you may be cushioning its steps with Nike-Swoosh-emblazoned tennis shoes. The virtual jewelry store that you pass may feature a gleaming Cartier necklace in its window. Familiar brands cushion the virtual experience with the trappings of familiar surroundings for the software user. The problem is, chances are these brand owners never created these virtual goods, and the money from their sale likely went into someone else's pockets.
Let’s start with the basics. Under a typical game development contract, a publisher furnishes the funds required to develop a game to a game developer. Understandably, access to these funds is subject to certain restrictions, expectations and other contractual obligations. Invariably, there is a provision dedicated to the handling of the rights to intellectual property created pursuant to the terms of the agreement.
Until very recently, virtual currency trading has been widely accepted in China. Billions of RMB in virtual currency have been traded online, and this amount has been increasing by 20% every year. The practice is so common that around the world, "Chinese Gold Farmers" have become a well-known staple of such popular multiplayer online games as World of Warcraft, and in many parts of the world, this is the image most commonly attributed to virtual currency trading. However, with the blossoming popularity of virtual currency trading in China, concerns have arisen that serious problems could stem from mixing virtual world economies with the real world's economy—problems such as inflation, money laundering, and gambling.
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