News of the Week

Nintendo stikes again

 

Earlier this week, Nintendo issued DMCA takedowns to SteamGridDB, a community site that hosts user-created images to be used in on Steam. Although the site is primarily meant to provide an aesthetically-pleasing alternative for fans, Nintendo games are not available on Steam and therefore would only be there as emulated ROMs downloaded without Nintendo’s knowledge or permission. The implication seems to be clear based on their selective use takedowns targeting artwork for only 5 games: these are games that Nintendo are still trying to actively sell themselves and want to curb piracy of them. Plus, the requests were targeted against the use of their own characters sprites, that left original creations and fan art alone; a decision that makes sense based on the potential

fair use and transformative nature of fan art in some situations.

But that’s not all! Nintendo was also responsible for setting off some drama in the Super Smash Bros Melee competitive scene that has everyone blaming each other. After licensing the right to host tournaments to Panda Global, they engaged in negotiations with another company called Smash World Tour. However, after failing to reach an agreement, Smash World Tour canceled their upcoming World Championships and the entire next season, costing the organizers hundreds of thousands of dollars. They claim to be blindsided by Nintendo & argued that Panda engaged in bad faith by preventing them from working out a deal. Nintendo refutes these claims and blame the decision to cancel the championships entirely on Smash World Tour (unclear whether they grappled with the issue of its subsequent legality without a license…). In response, Panda acted confused at all the blame it was getting, while admitting their CEO was vocal in support of their own interests (a little suspicious).  And the fans have decided to boycott Nintendo & Panda tournaments as a result – a mess created by the inability to agree on the use of legal rights.

This is just the latest in a long string of interventions made by “The Big N” against those who infringe on their intellectual property rights – if you’d like to learn more, stay tuned for my video presentation releasing soon all about Nintendo & their exploits 🙂

 

Related Links:

https://kotaku.com/nintendo-steamgriddb-dmca-takedown-steam-icons-fan-art-1849813480

https://kotaku.com/nintendo-smash-world-tour-fgc-shut-down-panda-esports-1849833867

https://kotaku.com/nintendo-switch-smash-bros-tournament-cancelled-panda-1849847260

Walmart + Roblox = Advertising to Children?

In a puzzling (to me) PR move, Walmart has created two “experiences” in the popular meta-verse game Roblox.

Roblox has an overwhelmingly young player base and the Walmart experiences are designed to target the “next generation” of Walmart shoppers with celebrity cameos and games featuring popular children’s toys.

I can’t help but feel that the young demographic of Roblox combined with Walmart’s child-focused content could be in breach of various standards governing marketing to children. It’s all very dystopian…

There are also some interesting jurisdictional issues here – Roblox is an international platform and certain areas with stricter marketing laws (such as the EU) might have different responses to real-world adverting in the metaverse.

Also, given the general attitude of mockery around the metaverse, this seems like a misguided PR move. It doesn’t help that they are selling branded merch in Roblox and calling it “verch” (virtual merch).

 

Sources:

https://www.forbes.com/sites/walterloeb/2022/10/04/walmart-enters-metaverse-with-roblox-experiences/

https://www.betterinternetforkids.eu/practice/articles/article?id=6969918

https://www.cnn.com/2022/09/26/business/walmart-roblox-metaverse/index.html

Video games -> Conspiracy theories?

Yesterday’s New York Times included an article regarding the suspect in the attack on Nancy Pelosi’s husband.

David DePape, the suspect in the attack against Speaker Nancy Pelosi’s husband, apparently “had an obsession with video games as a boy.” At a low point in life, DePape “retreated into isolation, spending hours each day in the online worlds of gaming and chat rooms.” Eventually he became engaged with the Gamergate online campaign, which fed his right-wing conspiracy theories.

The article continues to hint at some sort of link between DePape’s disposition and video games. Growing up, he “liked to retreat into the fantasy worlds of video games and chose not to go to his high school dance.” Perhaps the author is implying the reclusion from playing games and resulting engagement with fantastical worlds makes one more distant from reality and more prone to becoming a conspiracist?

As an acquaintance of DePape says, “So he dissociated, and he dealt with his feelings by basically playing computer games whenever he wasn’t working, … He had no friends. He had no social life.” But isn’t this too big of a leap to say therefore he committed this crime?

As games become more social and online (e.g., MMORPGs, MOBAs), can we really say video games relate to hermitage, conspiracy theories, and even crime? This seems counterintuitive.

On the other hand, games are becoming more real (to a point where, as per Professor Festinger, we should call it a “replacement reality” instead of “virtual reality”). Indeed, DePape “believed that he was living inside a computer simulation,” and “would feed birds and talk to the squirrels.” At what point does virtual reality become so real life-like to constitute hallucinations?

But again, to connect this with conspiracy and crime is an overgeneralization. The gaming industry would collapse if this connection was truly extant!

Article: https://www.nytimes.com/2022/11/20/us/pelosi-attack-suspect-david-depape.html?campaign_id=9&emc=edit_nn_20221121&instance_id=78156&nl=the-morning&regi_id=89812677&segment_id=113814&te=1&user_id=6d746e1d0018ada91f6b7dc79f6a5735

New Pokemon Game facing performance issues – is this false advertising?

The new entries into the main-series Pokemon franchise, Scarlet & Violet, officially release worldwide tomorrow but with reviews starting to be released, there seem to be one main sentiment emerging: the current Nintendo Switch console has difficulty processing the game. Frame-rate drops, leading to visuals and characters resembling still photos more than active pieces of the digital environment, are the main culprit and result in breaking the immersion of players from pretending they are a part of a living, breathing world.

Pokemon games have never exhibited the cutting edge in graphical quality and technological development, instead relying on its successful gameplay loop and nostalgia it fosters from its fanbase. In fact, it has often been slammed for its poor graphics relative to how financially successful the games are. The prevailing opinion of fans seems to be that Nintendo & The Pokemon company don’t have any incentive to make huge improvements since they make a ton of money regardless of game quality. However, this time is different; the game shows great ambition and effort that is betrayed by the processing power of the console.

These issues remind me of a similar game that faced backlash over the game-breaking bugs featured in CD Projekt Red’s much-hyped game Cyberpunk 2077 that released in late 2020. Infamously, the game was virtually unplayable on launch for players on PS4 or Xbox One and resulted in the sterling reputation of CDPR taking a massive hit. In response, CDPR offered refunds for those who purchased digital copies of these games and later contained a warning message for those who were looking to buy the game on PS4, with Sony writing that “Purchase for use on PS4 systems is not recommended”. It is way too early to consider if Nintendo will feel any pressure to take similar actions, but it’s worth monitoring.

What’s interesting is whether issues of these type could lead to a cause of action for consumers against these companies on the basis of an implied condition that the games are usable and enjoyable in the way it was advertised. Cyberpunk’s remedies seemed to be based on an attempt to make up for the bad PR and fan backlash more than any real fear of legal action. Any inquiry in this area would first require a determination of what it exactly means for a game to be “playable”, which is a fascinating question in and of itself, especially considering all the gameplay that was featured in game advertisements.

What do you think? Is there a point of quality where a game should be considered to be so beyond expectations that players are entitled to a refund?

Sources:

https://kotaku.com/pokemon-scarlet-violet-performance-game-freak-nintendo-1849794943

https://kotaku.com/pokemon-scarlet-violet-bugs-performance-paldea-nintendo-1849798801

https://www.theverge.com/2021/6/22/22545876/cyberpunk-2077-refunds-microsoft-store-xbox-digital-july

https://www.theverge.com/2021/6/21/22543298/cyberpunk-2077-playstation-store-ps4-warning

Pokemon dethroned?

Japan’s game industry has seen some change over the past months — while the Pokemon games have been been the best-selling games since the 90’s, Animal Crossing: New Horizons (ACNH) has displaced their long reign and has become the most sold game according to Nintendo’s latest financial report.

The success of ACNH can be heavily attributable to the pandemic, during which people were in lockdowns and found solace in a relaxing, perhaps even mind-numbingly boring (in a good way), game. But even still, what about the game makes it so attractive to displace a long-standing champion game like Pokemon?

Interestingly, the article by GameRant speculates ACNH will not be displaced from its throne any time soon. As an avid ACNH player, this is interesting as Nintendo has officially announced there will be no more free, major updates to ACNH. There are rumours about whether this means there will still be “paid” major updates, or perhaps free “minor” updates, but if ACNH is now a done deal for Nintendo, wouldn’t Pokemon (or some other game) be able to attempt at the throne in the near future?

 

Original article: https://gamerant.com/best-selling-video-games-japan-pokemon-animal-crossing/?fbclid=IwAR3E0W__xpy4g7qy4K06sHbE–Qiuml_fixTNkkv7A3QyyT0nuOma0C52T4

“Contract Jail” in Esports

After the League of Legends World Championship concluded, many of the pro esports teams have begun to restructure their rosters for the next season. Restructuring in this sense refers to adding players that have performed well and dropping/benching players that have not performed well. A recent topic of conversation has been the way that one particular European Esports franchise, G2, treats their players. Players Rekkles and Jankos most recently, but others such as Perkz, Wunder, and Mikyx, have gone on social media and revealed the difficulties the organization has caused them through their contract practices, namely placing inflated buyouts (such that it makes it extremely hard for other teams to purchase these players) and clauses that severely decrease the pay of a player if they are benched (in the case of Rekkles, leading to only 6% of the yearly pay). This situation leads to what is referred to as “Contract Jail”, in which players are stuck on a team making little pay while also not being able to be purchased by other teams.

What could the possible solution to this be? Of course, these players need to have capable legal advice when entering into these contracts. But even more than this, perhaps there needs to be a strong player union which somewhat standardizes some contract practices and could eliminate this “Contract Jail” situation from arising. Maybe there could also be other creative ways to move difficult contracts. In the NBA, difficult contracts are often moved by packaging them with future draft picks or accepting other difficult contracts in return. Perhaps some future incentives can be provided between the Esports organizations during trade negotiations so that contracts can be more easily moved around.

Sources:
https://dotesports.com/league-of-legends/news/they-fed-me-over-rekkles-says-he-would-have-been-paid-6-percent-of-his-salary-if-he-stayed-with-g2
https://dotesports.com/league-of-legends/news/g2-posts-questionable-meme-on-social-media-amid-contract-negotiations-with-jankos

Call of Duty Moderators Can Permanently Mute Toxic Players

More on Call of Duty, and in follow up to the previous post about Call of Duty’s Code of Conduct, I found it interesting to see recent articles about Activision adding a system where moderators can permanently mute toxic players with its new “overhauled” reporting system. Players being muted on text and chat functions is a potential punishment for second offenses according to Activision’s Call of Duty Security and Enforcement Policy.

In the new system players will still need to complete reports for the Moderators to be able to use the new muting tool, however it still offers more options than previously available for dealing with an issue that has plague COD for a long time.

Is this a beneficial way to combat derogatory speech in games? Will it serve as a useful tool alongside the Code of Conduct and reporting system? Will it be embraced by players who have long lamented how toxic text and chat functions in games like COD have become? Or will there be player communities that fight back against the increased censorship?

It is also interesting to consider what impact this will have on other games looking to deal with in-game communication and the potential legal ramifications of toxic gaming communities.

(Image from: https://www.callofduty.com/blog/2022/11/call-of-duty-modern-warfare-II-anti-toxicity-in-game-reporting-system)

Sources:

https://www.gamespot.com/articles/activision-can-mute-toxic-call-of-duty-mw2-players-new-player-reporting-tools-also-unveiled/1100-6508972/

https://www.callofduty.com/blog/2022/11/call-of-duty-modern-warfare-II-anti-toxicity-in-game-reporting-system

https://support.activision.com/articles/call-of-duty-security-and-enforcement-policy

https://www.svg.com/1094059/call-of-duty-makes-game-changing-move-against-toxic-players/

https://www.gamingbible.co.uk/news/modern-warfare-2-mutes-toxic-players-voice-chat-20221108

Call of Duty removing maps due to their similarity with real life places?

Modern Warfare 2 (2022) just released a few weeks ago. Many players are upset that a map (and supposedly another is about to be removed for similar reasons) in the multiplayer was removed due to legal issues. For reference, a map is the virtual battleground that multiplayer matches are played on, typically the game has a dozen or more of them.  GameRant reports that the map may have been removed due to its “similarity to the Getty Museum in Los Angeles” and that the developers did not have permission to use its likeness (see: https://gamerant.com/call-of-duty-modern-warfare-2-valderas-museum-return-demand/). GameRant also notes that this is not the first time the developer has gotten slack for using “real life” environments (see: https://gamerant.com/call-of-duty-modern-warfare-2-valderas-museum-return-demand/).

(image sourced from: https://gamerant.com/call-of-duty-modern-warfare-2-valderas-museum-return-demand/)

This is clearly an intellectual property issue and goes right back to our earlier discussions of meta-verses recreating life. Do you think the Getty Museum has a strong claim? The developers undoubtedly spent hours designing the map, should they have any recourse? As discussed, there are rumours that another map is going to be removed, likely for similar issues. This is quite upsetting as the game did not release with many maps and we will not have a content update for another few weeks.

Founder of Oculus Creates Murderous VR Headset

luckey

https://www.forbes.com/sites/paultassi/2022/11/08/oculus-founder-makes-vr-headset-that-will-actually-kill-you-if-you-die-in-a-game/?sh=1e3d07c75a16

Founder of Oculus, Palmer Luckey, announced that he has created a custom VR headset that will kill the user if they were to die in a game they are playing. The headset has charges that will explode upon death of the player which will result in the “destroying the brain of the user”.

I don’t have much to say on this other than ‘why?’. This just feels so dystopian, and unnecessary. Yes, it is interesting and mimics what we see in entertainment like Black Mirror. However, I am not sure what the real point of this invention is. The use that comes to mind is some dystopian e-Sports fight club that allows the ultra-rich to bet on users, similarly as you see in dystopian fight club movies and TV shows. So really no use at all.

I don’t really have much else to say about it, just thought I would share it with the class because it was so bizarre.

The Chronicles of Elyria Lawsuit and its Virtual Real Estate Controversy

On October 3, 2022 the United States District Court, Western District of Washington dismissed a class action complaint made by lead plaintiff James Falls against Soulbound Studios LLC, the developer of a would-be MMO  Chronicles of Elyria.

Falls spent over $20,000 on in-game content in support of the development of the game, which was cancelled in early 2020. The Plaintiffs raised issues about pre-release “game footage” that was actually cinematics, and claimed breach of contract with respect to refunds as well as violation of consumer protection legislation.

Ultimately, the Court dismissed the breach of contract claim on the basis that the refund policy offered by a third party vendor was not incorporated into Soulbound’s Terms of Use. They also dismissed the consumer protection claim, finding that the misleading announcement did not “have the capacity to deceive a substantial portion of the public.” They made this determination based on disclaimers in the Terms of Use, including ones expressing that the services provided may differ from those shown at the time funds were deposited.

I found this case interesting for two reasons:

Firstly, it seems unfair to me that users can purchase digital content in support of a game and have no recourse when the game is never finished. While the Terms of Use contained disclaimers and this was treated as a contractual issue, the website is very misleading. I think there is room stronger consumer protection in a situation like this.

Secondly, a component of the in-game item sales was in-game lands. The developers sold virtual real-estate for $65-$3500, that will likely never exist. I wonder as we move into the digital world in more meaningful ways, whether digital land should be treated differently than other types of in-game items.

What do you think?

The full complaint and decision as well as some website content can be found below:

https://www.classaction.org/media/falls-v-soulbound-studios-llc-et-al.pdf

https://www.casemine.com/judgement/us/633d0afaad47477d7e1aa5d7#

https://chroniclesofelyria.com/game

https://chroniclesofelyria.com/blog/34438/Welcome-to-the-Settlers-of-Elyria-Event

https://www.kickstarter.com/projects/soulboundstudios/chronicles-of-elyria-epic-story-mmorpg-with-aging

Do ebooks dream of the burning of Z-Library?

Just last Friday, November 4, 2022, marked the fall of Z-Library, an online free ebook repository hailed as the internet’s largest “shadow library”. Shadow libraries are online databases of readily available content, generally free of charge, offering sources normally inaccessible to readers due to financial costs or membership requirements. Z-library once boasted a collection of over 11 million books and 84 million articles at its peak, and was loved by students, academics, and book-lovers alike.

Now, users who visit the site will be faced with a page that reads: “This domain has been seized by the United States Postal Inspection Service in accordance with a court order.” So far, the US Department of Justice has refused to comment on the seizure of Z-library’s internet domains. Although the court order has yet to be publicized, many suspect that the seizure is due to the large amount of files uploaded onto the site and shared with authorization from the original authors.

Responses to the seizure has been largely divided. On the one hand, writers such as those in the Author’s Guild (America’s largest professional organizations for writers) have voiced their concern over websites like Z-library stealing their work without due compensation. Digital book piracy have dire consequences on the livelihoods of authors, disproportionate affecting independent or self-published authors.

Meanwhile, Z-library has played a critical role in making educational sources such as academic textbooks and peer-reviewed articles free of charge for struggling university students and those from developing countries. While the Author’s Guild’s website describes the mission of the Guild to “advocate for the rights of writers by supporting free speech, fair contracts, and copyright,” a question to ask is whether banning online ebook databases truly promote free speech? And if yes, what are the consequences?

While the Universal Declaration of Human Rights expressly states that everyone has a right to education, how is this to be interpreted in face of digital ebook databases? Especially one upon which the education (or at least intellectual recreation) of millions depend upon?

 

Sources:

Author’s Guild: https://authorsguild.org/

Tiktok blocks Z-library hastag: https://torrentfreak.com/tiktok-blocks-z-library-hashtag-pending-piracy-investigation-221031/

Z-library banned, students in a frenzy: https://www.thedailystar.net/daily-star-books/news/z-library-banned-students-frenzy-3162551

Z-library gets taken down: https://www.thefridaytimes.com/2022/11/04/bad-news-bookworms-popular-e-book-pirating-site-z-library-gets-taken-down/

EU Investigates Microsoft-Activision Deal

FILE - The Activision Blizzard Booth during the Electronic Entertainment Expo in Los Angeles, June 13, 2013. The European Union has on Tuesday, Nov. 8, 2022 launched an investigation into Microsoft’s planned takeover of video game giant Activision Blizzard, fearing the $69 billion deal would distort fair competition in the market. Microsoft, maker of the Xbox gaming system, first announced the agreement to buy the California-based game publisher in January. (AP Photo/Jae C. Hong, File)

The European Union has formally launched an investigation into Microsoft’s $69 billion takeover of Activision Blizzard, citing the potential distortion of fair competition as the reason for doing so.

The development comes at the heels of Activision’s latest launch, Call of Duty: Modern Warfare 2, which has already generated over $1 billion in sales. Sony previously voiced concerns about losing access to one of the industry’s most successful franchises. Control over the release of future iterations of Call of Duty seems to be a central issue in the emerging dispute, and regulators are beginning to take notice.

The EU has already uncovered potential antitrust issues with Microsoft’s video game distribution model. Indeed, the Microsoft ecosystem has rapidly accumulated a growing selection of exclusive titles. Both Microsoft and Activision have indicated they will continue to cooperate with the European Commission, the body who authorized the investigation and who serves as the EU’s executive branch.

Antitrust regulators in the UK have voiced similar concerns. Notably, the United States Federal Trade Commission has not approved the deal yet.

The EU is one of the most important regulators that companies must comply with. Failing to do so would otherwise shut them out of a very lucrative market. I have not been following Call of Duty for a while, and Modern Warfare 2’s sales figures took me by surprise. It will be interesting to learn how the game’s success will weigh on the Microsoft-Activision deal moving forward. I am also curious to see how other regulators, namely the US FTC, will respond themselves to this development.

Article can be found here: https://apnews.com/article/technology-business-games-8d8340d840a531973c4c0be37b70a15f

the Cyberpunk series: form decides content?

September 13, 2022 marked the premiere of the web anime series Cyberpunk: Edgerunners on Netflix. The anime series, produced by Studio Trigger, is based on the video game Cyberpunk 2077 developed by CD Projekt Red.

The synopsis of the show reads “a standalone episode story about a street kid trying to survive in a technology and body modification-obsessed city of the future”. Set in the Cyberpunk universe, the animated series serves as a prequel to the game. The series features an original script and a cast of characters unique to the show, although it continues to take place in Night City borrowed from the game.

Immediately upon its release, fans of the Cyberpunk merchandise have been eager to place the two works side by side to measure up how they stack up against each other. So far, the show Cyberpunk: Edgerunners boasts a 100% rating on Rotten Tomatoes “average tomatometer”, and 96% in average audience score. Meanwhile despite Cyberpunk 2077’s global popularity, the game has been receiving mixed reviews ever since its release, boasting a rating of 7/10 on Steam.

In one gamer’s review: “Cyberpunk 2077 often tries too hard to be too many things at once”. Despite its promise of cyberpunk aesthetic, body modifications, and deep philosophical themes, the level of technological sophistication simply did not hold up. The level of specialization players could select for their avatars were extremely limited, and the presence of many bugs greatly affected the gaming experience.

But even then, as an open-world game where players are free to approach objectives freely, surely it offers more freedom and agency than a show about cyberpunks — right?

As Canadian communication theorist Marshall McLuhan coins: “The medium is the message”. In the 1985 book Amusing Ourselves to Death: Public Discourse in the Age of Show Business, the educator Neil Postman agrees with McLuhan that “form determines content”. Postman contended that a particular medium is only capable of sustaining ideas on a particular level of depth. As such, the corrosive nature of television on our intellectual lives lies in its inability to communicate rational arguments, as it is a medium based on images.

To consider, what sort of content does the medium of video games command? What about animated series?

Moreover, if we assume that people’s tastes are consistent, will they be consistent across different genres? For instance, are fanatics of the cyberpunk genre more likely to adore both the game and the show? Or are fans of video games or fans of anime more likely to adore either the game or the anime?

 

Sources:

Amusing Ourselves to Death Book Summary: https://kadavy.net/blog/posts/amusing-ourselves-to-death-book-summary-neil-postman/

Cyberpunk: Edgerunner wiki: https://cyberpunk.fandom.com/wiki/Cyberpunk:_Edgerunners

Cyberpunk 2077 review: //culturedvultures.com/cyberpunk-2077-ps4-review/

The Medium is the Message: https://www.smashingmagazine.com/2011/07/the-medium-is-the-message/

Dating Simulators…but with Supreme Court Justices?

The video game/dating simulator Supreme Courtship prides itself in being “The world’s first judicial friendship simulator!” Though its premise sounds awfully silly, the game is actually intended to educate players about the American government by getting them to date Supreme Court Justices through a dating/befriending simulator. In the game, all of the Justices have been aged down into their 20s, and sporting hip clothing and ideological stances correspondent to their real life counterparts.

Unfortunately, despite being announced in 2018, the game has still yet to be released. In fact, the developer Just Us Games have placed the game on Kickstarter, and the game currently has $37,132 in funding in face of its $43,831 goal. Apart from insufficient funding, the game has also run into various other problems, such as investigations on the Supreme Court nominee Brett Kavanaugh’s alleged sexual assault (no one wants to fake-date a sex offender). And moreover, controversies have sprung up surrounding whether the sexualization Supreme Court Justices is appropriate at all.

As we approach the question of “why Supreme Courtship?” we may consider the reasons for why people like to play dating simulators at all:

Dating simulators, or dating sims, are a type of story-based game which has a primary goal of developing a romantic relationship between the player and the character(s). The gameplay consists of conversing with a selection of love interests, as the player attempts to increase the affection meter of those interests through a correct choice of dialogue/action. Meanwhile, a lot of dating sims allow for a variety of customization options for players to make to their own character through hairstyle, outfit, features, and insertion of their chosen name.

To date, the pandemic has no doubt spurred the exponential growth of the video game industry, including the number of dating simulators games out there! According to market research, COVID helped US video game sales reach a record of $56.9 billion in 2020, a 27% increase over the previous year. By the time 2021 rolled around, the market expanded. by 26%. The perfectly-timed release of Nintendo’s Animal: Crossing New Horizons released March 2020 sold 13.4 million units in its first six weeks, and was virtually all people talked in social media around that period of time (at least in my feed). Physically trapped indoors and socially isolated from peers, the chill vibes created by soft music, easy tasks, and friendly animals in Animal Crossing healed the hearts of many.

The psychological motivations driving dating (and befriending) sims is evident. People are desperate to build some genuine connections, particularly when they lack real life interpersonal ones. In fact, many players reported that gaming helped their mental health during lockdowns, and that there is something there to be learnt about interpersonal relationships through interactions with virtual characters. This leads us to consider the educational potential of video games, particularly dating sims.

What you take to be the pros and cons of using so-called “sexual motivation” to get people to download and play a game? Additionally, do you think that these games will re-enforce or subvert gender stereotypes?

Sources:

Gaming is booming: https://www.weforum.org/agenda/2022/07/gaming-pandemic-lockdowns-pwc-growth/

How to understand and play dating sims: https://www.polygon.com/2015/7/15/8970567/how-to-understand-and-play-dating-sims

Kickstarter for Supreme Courtship: https://www.kickstarter.com/projects/justusgamesstudio/supreme-courtship-comedy-adventure-justice?ref=551624&token=5124117a

Pandemic gaming statistics: https://www.bentley.edu/news/game

Video Game About Dating Supreme Court Justices Has A Different Ring To It These Days”: https://kotaku.com/video-game-about-dating-supreme-court-justices-has-a-di-1829443069

PSVR2 Release Date & Info

 

In a blog posted to their website yesterday, Sony announced the release of PSVR2 as their second foray into the world of Virtual Reality. On February 22 2023, the PSVR 2 will release for $550 US – interestingly, that price is $50 more than a full PS5 and $150 more than the digital-only PS5.

PSVR2 comes with the headset itself, 2 “Sense” controllers for the player’s hands, and stereo headphones that assist with the immersion. Unlike other VR headsets released by companies such as Meta (the Quest & Quest 2), the PSVR2 does not function as a stand-alone device. Instead, it must be tethered to a PS5 console to be usable, as even a PS4 will not be supported.

One cool feature already announced is the live broadcast mode that combines PSVR2 footage with video recorded from the PS5 consoles camera to capture both the player and the gameplay. This is likely targetting popular streamers in an attempt to motivate them to play these games as a part of their streams given their large degree of influence over their viewer base.

There are also passthrough cameras on the headset that allow users to see the physical space around them. Additionally, the headset can “mesh” your physical space, scanning walls, floors and obstacles like chairs and desks to get a clear sense of play space and set protective boundaries.

Sony has also announced some of the games that will be available, including titles from franchises like Horizon, Star Wars, Resident Evil, Jurassic World, and The Walking Dead.

Do you think that Sony’s interest in VR is an indication that those within the games industry see Virtual Reality as overtaking console gaming in the near future? Or does this reinforce that it is seen as a luxury item just meant for those who can afford it as an add-on? Would you buy one if given the opportunity?

Sources:
https://blog.playstation.com/2022/11/02/playstation-vr2-launches-in-february-at-549-99/
https://www.cnet.com/tech/gaming/playstation-vr-2-ps5-everything-we-know-so-far/#:~:text=The%20PSVR%202%20isn’t,a%20PS5)%20to%20use%20it.
https://blog.playstation.com/2022/11/02/11-new-ps-vr2-games-announced-the-dark-pictures-switchback-vr-cities-vr-enhanced-edition-crossfire-sierra-squad-and-more/
https://www.gamespot.com/videos/psvr-2-is-more-expensive-than-a-ps5/2300-6459907/

Advertising Takes to the Sky

Hey everyone,

There has been a relatively recent interest from companies in using drones in the sky as a way of advertisement. For instance, the NBA implemented drones to light up the night sky of New York with 500 drones as a way of advertisement for the 2022 NBA Draft and its associated sponsor State Farm. For those interested in this, here is a short Instagram video that depicts part of the light show (https://www.instagram.com/p/CfG5k66AKIX/.)

However, now it appears video games are taking their first stab at this, with CandyCrush, the popular sweet-depicting puzzle game, set to send up at least 500 drones into the sky of New York City on Thursday `to celebrate their 10 year anniversary. This is an attempt, as stated by Chief Marketing Operator of Candy Crush, to to “turn the sky into the largest screen on the planet”.

This has raised a number of legal issues around aerospace, public safety, and animal well-being, and drones have been an on-going of litigation for companies like Uber who are attempting to incorporate them into their business model.

You do not have to go far to see that people are not totally on board with this either. Just scroll down to the comments on the bottom of the article attached to this post. I believe it raises some serious questions about consumer-protection, especially in relation to minors and if alcohol, tobacco, and gambling companies will be allowed to essentially broadcast their advertisements to the sky. While not totally on all fours with Video Game Law, the use of this advertisement method seems relevant as it is now being employed by a video game company.

Link to Article: https://gothamist.com/news/500-drones-to-swarm-nycs-skyline-thursday-in-new-advertising-ploy

 

 

Google Stadia Shutdown

After not gaining the traction it expected, Google announced that their cloud gaming service, Google Stadia, will be shut down in January 2023. They will be offering refunds for customers who purchased any games or hardware during its brief existence.

In an attempt to capitalize on the exorbitant prices associated with next-gen consoles and high-performance gaming setups, Google set its sights on the world of cloud gaming when Stadua launched in November 2019. Cloud gaming refers to playing a game remotely via the cloud where the game is actually run on servers before being streamed onto the player’s devices rather than local storage via the player’s devices themselves.

This week’s news harmed more than just Google’s bottom line; video game developers were already deep into the production process and now face an uncertain future, with some mere weeks away from release on Stadia. Outcasters is a multiplayer title created by the game studio Splash Damage that launched on Stadia in December 2020. The studio revealed that when Stadia is shut down, there will no longer be any way to play their game. In describing their decision to not seek any alternatives for continued gameplay, the studio explained that, “Outcasters was designed and built exclusively for Stadia, with many of its systems heavily reliant on the platform, significantly increasing the complexity of the work required.”

But, the inconvenience can be felt even where the games already exist on other platforms. There are significant player bases that have put time into completing games and working on save files that will no longer be supported. Some companies, notably CD Projekt Red known for the Witcher series & Cyberpunk 2077, have been forced to publish guides detailing the process of transferring save files to PCs. Other companies have spent significant time and resources preparing to port their games onto Stadia and are now forced to grapple with the idea that it can likely be considered a waste of time.

In a somewhat ironic twist, Google announced that their next line of Chromebooks had been built with cloud gaming in mind – in fact, they come with 3 of Stadia’s main competitors pre-installed! This seems to exhibit their ongoing belief that cloud gaming is the way of the future, while simultaneously admitting to the flaws in their plan to have Stadia lead this wave.

Although cloud gaming still holds great potential to impact the future of gaming, it seems that Google will be playing a supporting role in the foreseeable future.

Sources:

https://kotaku.com/stadia-google-bungie-destiny-2-cyberpunk-2077-red-dead-1849601243

https://www.wired.com/story/how-to-get-your-google-stadia-refund/

https://www.ign.com/articles/google-stadia-shutting-down-has-claimed-its-first-video-game-victim

https://www.ign.com/articles/cd-projekt-releases-guide-for-transferring-cyberpunk-2077-stadia-saves

https://kotaku.com/chromebook-google-geforce-now-xbox-cloud-gaming-amazon-1849645405

Video games could trigger life-threatening cardiac arrhythmias in children with undiagnosed heart conditions

A study has found that video games can trigger heart attacks in children with arrhythmic conditions. Head researcher Claire M. Lawley said, “Video games may represent a serious risk to some children with arrhythmic conditions; they might be lethal in patients with predisposing, but often previously unrecognised arrhythmic conditions.”

Researchers studied 22 cases of children losing consciousness while playing video games and found that multiplayer war gaming was the most common game played at the time of the incident. In some cases, the children died following a heart attack. The researchers believed that the dormant underlying heart condition is triggered by the rush of adrenaline children get from gameplay. These undiagnosed heart issues have previously been linked to sudden deaths of people playing sports.

I think this a really important discovery. As the researchers comment, video gaming was thought to be an alternative “safe activity” for children with heart conditions. However, with this proven linkage between video gaming and the triggering of heart conditions, parents have to be more vigilant, especially if children experience blackouts when playing video games.

 

Sources:

https://www.news-medical.net/news/20221011/Video-games-may-trigger-life-threatening-cardiac-arrhythmias-in-susceptible-children.aspx#:~:text=Electronic%20gaming%20can%20precipitate%20life,Society%2C%20and%20the%20Pediatric%20%26%20Congenital

https://www.telegraph.co.uk/news/2022/10/11/video-games-could-trigger-heart-attacks-children/

NHL23 Release Week: A Move Towards Gender Equality, Diversity, & Inclusivity

It is officially NHL23 release week!

The 2023 instalment of EA’s annual NHL series is set to launch globally on October 14, 2022, and, for the first time, includes female hockey players. Specifically, IIHF Women’s National Team members are included in the game for the first time in EA’s 30+ year production of its NHL video game series. Although the inclusion of female players is a positive step for EA towards gender equality and diversity, their inclusion in NHL23 is not without controversy. Three major complaints have been discussed at large by the gaming community: (1) EA’s choice for NHL23’s cover athletes (and their attire), (2) the limitation on use of female players, and (3) comparative ratings between male and female players. First, the Twitter community has made numerous comments that cover athletes Trevor Zegras and Sarah Nurse are not the correct choices for the face of EA’s NHL series. Specifically, displeased fans note that neither Zegras nor Nurse were among the “top” or “most popular” choices, while others complain that the cover athletes sporting “street gear” in front of palm trees and clear skies is a poor reflection of the NHL. Second, and more concerningly, the inclusion of female players appears initially limited, as they will seemingly only be available in one game mode: Hockey Ultimate Team (“HUT”). Although it remains to be seen whether female players will be available in additional modes, initial reviews indicate that only male players will be available for use in common game modes such as “Franchise” and “Be a Pro”. Lastly, given that both male and female players will be available for use in HUT (and both will be available for use on the same team), there is debate about whether the top female players should have unscaled ratings that rival the top male NHL players. For example, the top female player in the game is Marie-Philip Poulin, who is a 94 overall. Comparatively, the top male player in the game is Connor McDavid, who is a 95 overall. Thus, public discourse has asked whether the top NHL players should have a competitive ratings edge over their female counterparts. In conclusion, although the decision to include female players in NHL23 is a positive and correct move for the EA franchise, it will be interesting to see whether any adjustments are made to female players (from a ratings and game mode perspective) and how NHL23 sales measure up against its predecessors.

Sources:

  1. Cover Athlete Complaints: https://firstsportz.com/nhl-news-twitter-continues-bickering-over-canadian-forward-trevor-zegras-and-olympian-sarah-nurse-on-cover-for-ea-sports-nhl-23/
  2. Female Player Game Modes: https://news.ea.com/press-releases/press-releases-details/2022/EA-SPORTS-NHL-23-Brings-Players-Together-With-Most-Socially-Connected-Chel-Experience-Ever-and-Adds-Womens-Players-to-Ultimate-Team-Coming-October-14/default.aspx
  3. Ratings Controversy: https://www.reddit.com/r/EA_NHL/comments/x8dk7e/sarah_nurse_nhl_23_rating_reveal_90_ovr/

Copyright Protection of Tattoos on Professional Athletes “Reproduced” in Video Games

Mike Tyson (2019) whose tattoo, created by artist S. Victor Whitmill, was reproduced in the ‘The Hangover 2’ (Image Credit: Glenn Francis CC BY-SA 4.0 via Wikimedia Commons)

 

As per s. 3 of the Copyright Act in Canada, the owner of the copyrighted work has the sole right to produce and reproduce work or any substantial part thereof [1].

These works include artistic works, a category which includes tattoos created by tattoo artists and inked on satisfied and unsatisfied customers around the world.

Although, there has been no case to date in Canada ruling on the extent of copyright protection available to tattoo artists, there are a plethora of cases in the US and Europe. What recourse does a tattoo artist have when a client decides to have their likeness reproduced (e.g. magazine, video game) in a manner which displays the tattoo that is subject to copyright protection?

I came across a recent article published on Reuters [2] regarding a US District Court for the Southern District of Illinois judgement that awarded tattoo artist, Catherine Alexander, $3,750 in damages against the World Wrestling Entertainment Inc. and Take-Two Interactive Software Inc.  for recreating tattoos she made for wrestler, Randy Orton in the WWE 2K video-games series without her permission.

The Jury rejected WWE and Take-Two’s defence that the game made fair use of the tattoos.  However, the Court declined to award Alexander any profits from the games that she said were attributable to her work.  Perhaps this is unsurprising given you would be hard pressed to find any would be purchaser of the game that refused to purchase the game because a tattoo was missing.  Unfair?

From my perspective once the tattoo is placed on your body, the tattoo resembles something more to a person than say a photograph to a photographer, who has the photograph replicated in a magazine.  My take on this is similar to the position that the Belgian Court of Appeal took in JDH v. HM, a 2009 ruling [3].  The Belgian Court ruled that while the tattoo artist did own copyright in his tattoo design, this right was limited by the personality rights of the tattooed person.

The tattoo in this sense essentially becomes a part of your body.  How do you feel this form of artistic work should be assessed in balancing artistic incentive to create and the user’s right to display the tattoo in a manner they see fit?

[1] Copyright Act, RSC 1985, c C-42, s 3.

[2] https://www.reuters.com/legal/litigation/wwe-video-game-maker-owe-artist-depicting-wrestlers-tattoos-jury-says-2022-09-30/

[3] JDH v JM, (2009) 2007/AR/912 (Juridat) at para 9 (Ghent CA).