The California state assembly has passed the 'Protect Our Games Act'(invenglobal.com) |
The California state assembly has passed the 'Protect Our Games Act'(invenglobal.com) |
Yes, you would have to make sure your server application adheres to software licenses before release, just like you do with the client application, or any other piece of software a company may use or release. What popular libraries are we concerned about no longer being usable because of this? Remember, this is server architecture. Networking libraries? ENet is distributable, so is Valve's GameNetworkingSockets.
Yes, it'd ask developers to write their servers with this possible/inevitable transition in mind. Developers will plan ahead for that, and I have a very hard time imagining the server architecture would change much at all. A dedicated company-owned server is just a beefier home computer with load balancers and matchmaking. Drop those two, slap a server list on the client, and you're golden.
This is great news!
Since I don't know their backgrounds and don't have any background working with video game company executives it's hard to tell which options are more likely.
There's nothing wrong with having an ambitious attitude, but why not be ambitious seek to build a better tech-biz ecosystem that is actually pro consumer and pro human..
People seem to think there's only one way, and that way is letting capital owners behave however they want incase they're also in that position one day.
For example one commenter in this thread said:
>See also car fuel economy standards that push car makers into killing the wagon market segment in favor of SUVs.
This is an objectively true and prove-able statement. What is irrational about that?
WRT regulation the only thing that matters is the incentives that it creates.
>If this is how the bill ends up being enacted, it will only push more big game developers into making their titles subscription only.
This is a valid concern and a real incentive if that’s how the law works. What is irrational about this argument?
Gaming has already gone though a period of pushing subscription games, and most died, since people generally didn't want to pay a fee per game they played. That only left the big players in that space, while everybkdy else went back to releasing games the normal way. I fail to see why things would go a different way this time around.
I believe this is the key paragraph. I wonder if this will be an incentive towards making more games qualify for those exceptions. I think the previous cases where this act would apply are few but good thing they wouldn't increase under this act.
Then they will shut down the company when they want, and there will be nobody to come for.
I doubt companies are going to go all in on subscription games, since that's more or less been tried and failed, and only WoW and a few others are left standing from that. Or maybe they'll try and fail, since the temptation is just too great (think Sony and Concord trying their luck with hero shooters, even though everyone with threw or more brain cells knew it would never make back what it cost).
I do wish this had been around when Firefall [1] shutdown, haven't really bothered with live service games since then.
Perhaps a workaround is to just have 1 server online indefinitely. Technically the online services are still functional - the match queue times would just be very, very large.
If bills like this pass, there'd be financial pressure on middleware providers to allow distribution at end-of-life (or for their component to be easily severed) else they'd lose out on all customers selling games in California/EU/etc.
From Day 1 any Doom client could be a multiplayer server and this is how it worked for almost all games - Descent, Quake, C&C etc...
I guess they could just strip our the parts of the server code that they don't have the rights to redistribute, but then it wouldn't be functional.
I wonder if they will do something similar for software
The problem is, where to even start? I would think EFF would be spearheading something like this, but I haven’t come across anything. There have been attempts in the past, but they don’t seem to have ongoing support.
(Not an ideal source btw: "This article was originally written in Korean and translated with the help of NC AI." The Bill is tiny can be read at https://leginfo.legislature.ca.gov/faces/billTextClient.xhtm... )
Subscription games already always had a "no pay, no play" expectation, so I don't see any problem with that carveout. The only real problem I can see is that in-game purchases in free to play games are not additionally explicitly named. (Though, "no monetary considerations" shouldn't include ftp + mtx)
Also, most gamepass games are available for purchase as well, so I don't see the problem there either, except the possibility that a game is removed from gamepass so you lose access despite paying, but that's something for the courts to figure out.
You should be able to make software that has a limited lifespan if you want. I just think that's fine. Games should not be special.
I understand you can focus on two things at the same time, and moonshot projects are worth it. (More NASA funding please.) But as a California taxpayer I can't take our government seriously.
If this is how the bill ends up being enacted, it will only push more big game developers into making their titles subscription only. A win for gamers' rights, I suppose.
Also, with a subscription the customer has VERY different expectations, compared to a one time purchase. As in, they expect the access to go away once they no longer pay.
Yes, please, produce more "games that are inherently playable offline indefinitely".
How is that incentivizing offline games? Half of the service game focused industry would be exempt
Does anyone know how this should be interpreted?
Maybe to have a concrete example, let's take Rollercoaster Tycoon 2 (RCT2), with OpenRCT2 as a sort-of mod for it, but imagine that RCT2 was originally a subscription game where you paid per month to play it and that it terminated before OpenRCT2 started. Existing copyright laws already prohibit continued distribution, which OpenRCT2 doesn't do, so does this change anything? Does this law move what used to be civil (copyright) cases into criminal law (so there needs not exist a rights-holder to file suit; the state can just push cases as they see fit)? Could the OpenRCT2 devs still (as I believe they hitherto can) release a 'donation version' with bonus gimmicks if they so wanted, or would that be classified as a sale of something that enables playing the original RCT2 and so illegal?
If you want an answer to your "continuous cost without continuous revenue" riddle, the answer is in-game purchases, DLC, attracting new accounts over time, and the unspoken unadvertised promise "we can cut our losses at any time and shut down servers." This lattermost incentive is what is unhealthy for the market and what should be regulated to no longer be an incentive (short of having peer- or community-hosted servers, at least).
The required connection and authentication was likely an anti-piracy measure, so kind of doubly yeah.
Eh, it sounds unintuitive, but in practice it's extremely common. Almost every first-person shooter (well, you could really expand that to "almost every competitive multiplayer game") made by major studios is either a one-time purchase or entirely free. The ongoing revenue comes from cosmetics and other in-game goodies.
This sort of economy makes sense when you consider consoles (especially back in the day), where it's easy to get people to buy a disc but hard to get people to sign up for a subscription.
That would be the case if the publisher had any intent to actually keep the service online. Empirically they do not, hence the law.
We need to culturally accept things like "zero day law patches" for loopholes and unintended consequences. Legislators, don't just pass a law, see it incentivizing something unintended, and then throw up your hands crying "Well, we tried!" Patch the law as soon as the bad behavior starts!
Creating sub-companies is common business practice that even small businesses use. Like if a small company wants to buy a building, they may form an LLC to hold the property to isolate that risk from the rest of their business.
> 'it excludes games provided via subscription services, free-to-play games, and games that are inherently playable offline indefinitely. It also prohibits the continued sale or distribution of games that have become unusable due to service termination.'
The only winners are lawyers. NOT gamers. The lawyers always like to call their laws "protect X" lol
Yah, right!
The server binaries will almost always include other proprietary information that the studio will not want to release. Any sanitation of this binary further condemns this as a silly idea because now you are also compelling the individual or business to do additional (presumably unpaid) work so that arbitrary consumers can use their products or services indefinitely.
Games are interesting because players will sink a lot of time and sometimes money in and so it goes beyond a smart alarm clock or a fitness tracker imo.
We already obligate them to do other basic necessities for consumer protection such as refunding or replacing faulty products
Or even information that they are contractually forbidden from releasing. A typical scenario would be a game developed as a fork of a proprietary codebase which was licensed from another company. Forcing the licensee to release material would infringe on the rights of the licensor.
This is not unpaid work as they had already received payment at the time of purchase of the game. They should take into account the cost associated with this work at the time of sale.
I agree that it's shitty that buyers can lose access to a game they bought, but I really struggle to see how this could function practically.
Nowadays, this is much less of a "can" and more of a "definitely is" :(
Based on what I see as (non-game) security consultant in terms of service complexity, what modern FOSS projects consider a normal container constellation, and on what I see from at least one indie dev whom I personally know. It has been a topic I've brought up since he put so many hours into it and the game is fun and the binary didn't even run if you don't have a compatible Google Play Services version, much less the various back-ends that it connects to for accounts, level data, level thumbnails, matchmaking, etc. until you even get to the real-time multiplayer server
Government forced speech includes food companies needing to add ingredient labels on packaging including allergen info, landlords needing to notify tenants before entering their homes, stores having to post accurate prices for the products they sell, and employers having to provide workers with safety data sheets for the hazardous materials they work with. These are all perfectly reasonable. Thanks to government forced speech we have more freedom/rights and better lives.
The answer to companies committing fraud is not "buyer beware".
Now imagine your kids never being able to watch them.
Same for books.
Same for music.
Games are an art form distinct from the above, and can in many ways be more powerful than they are. I've played games that toyed with my emotions in ways few movies can.
As such, they need to be preserved just as all the above categories.
I'm incredibly glad I can still play most of my 80's and 90's DOS games. People playing games now should still be able to play them. At least the ones that can be played "locally".
https://en.wikipedia.org/wiki/Curiosity:_What%27s_Inside_the...
Before Curiosity ever reared its ugly cube, Ian Bogost's game Cow Clicker, released July 21, 2010, actually monetized delaying the Cowpocalypse from its scheduled one-year termination date of July 21, 2011 until September 7, 2011:
https://en.wikipedia.org/wiki/Cow_Clicker#%22Cowpocalypse%22...
>"Cowpocalypse" event and conclusion
>In 2011, an alternate reality game known as the "Cow ClickARG" was held, where a series of clues from the "bovine gods" eventually revealed that a "Cowpocalypse" would occur on July 21, 2011 (exactly one year since the original release of the game). From then on, every click made by players would deduct thirty seconds from a countdown clock leading to the Cowpocalypse. However, players could extend the countdown clock by paying to supplicate with Facebook Credits: paying 10 credits would extend the countdown by a single hour, while 4,000 would extend the countdown by an entire month.
>After $700 worth of extensions, the countdown clock expired on the evening of September 7, 2011. At this point, the game remained playable, but all the cows were replaced by blank spaces and said to have been raptured. Bogost intended the Cowpocalypse event to signal the "end" of the game to players; when addressing a complaint by a fan who felt the game was no longer fun after the cow rapture, Bogost responded that "it wasn't very fun before."
https://news.ycombinator.com/item?id=47110605
DonHopkins 3 months ago | parent | context | favorite | on: Gamedate – A site to revive dead multiplayer games
I want to recreate the server for Peter Molyneux's "Curiosity: What's Inside the Cube?", but put a life changing Rightward-Facing Cow from Ian Bogost's social commentary game "Cow Clicker" inside the cube, instead of a huge disappointment and a pack of broken promises and lies and hype and literal promises of godhood and credits and royalties.
https://en.wikipedia.org/wiki/Cow_Clicker
https://news.ycombinator.com/item?id=31981916
DonHopkins on July 4, 2022 | parent | context | favorite | on: Cow Clicker (2010)
A decade ago attempted to troll Peter Molyneux at the Unity3D "Unite 2012" conference after his insufferably vainglorious keynote presentation of his "Curiosity: What's Inside the Cube?" Cube Clicker game, jokingly guessing that the big secret inside the box was a cow, but he just didn't get the joke, even after I explained it:
https://en.wikipedia.org/wiki/Curiosity:_What%27s_Inside_the...
https://news.ycombinator.com/item?id=24380418
DonHopkins on Sept 5, 2020 | parent | context | favorite | on: Bullfrog After Populous
His Cube game was the epitome of dopamine addiction games, all that was wrong with Zynga/Facebook games, the rage at the time. Nothing at all original about that: a total cop-out of game design.
When Peter Molyneux gave his insufferably vainglorious keynote presentation of Cube at the Unity3D Unite conference at Westergasfabriek in Amsterdam, I chatted him up afterwards and attempted to troll him by guessing that the big surprise in the box was a cow.
I don't think he got the point that I was trying to make an ironic reference to Ian Bogost's Cow Clicker, which is a parody of and social commentary on dopamine games.
I tried to explain the joke to him, and he still didn't get it. At least Ian Bogost had the self awareness to design Cow Clicker in the service of making a critical statement about game design, and the capacity of shame to be embarrassed when it was an accidental run-away success.
Unite 2012 : Keynote - Founders & Peter Molyneux (The BS starts at 1h 8m 21s -- It's been 8 years since I saw this live, and it's much worse than I remembered, especially now knowing how it turned out!)
https://www.youtube.com/watch?v=24AY4fJ66xA&t=1h08m21s
>1h 48m 06s, with arms spread out like Jesus H Christ on a crucifix: "Because we can dynamically put on ANY surface of the cube ANY image we like. So THAT's how we're going to surprise the world, is by giving clues about what's in the middle later on."
https://en.wikipedia.org/wiki/Cow_Clicker
>In the wake of a controversial speech by Zynga's president at the Game Developers Choice Awards in 2010, Bogost developed Cow Clicker for a presentation at a New York University seminar on social gaming in July 2010. The game was created to demonstrate what Bogost felt were the most commonly abused mechanics of social games, such as the promotion of social interaction and monetization rather than the artistic aspects of the medium. As the game unexpectedly began to grow in popularity, Bogost also used Cow Clicker to parody other recent gaming trends, such as gamification, educational apps, and alternate reality games.
>Some critics praised Cow Clicker for its dissection of the common mechanics of social network games and viewed it as a commentary on how social games affect people.
https://qz.com/34024/life-really-is-a-game-with-a-lot-of-cli...
>Life really is a game—with a lot of clicks—and then you die
>Curiosity is just the latest in a series of social experiments that rely on user interactions with seemingly no point. Of course, Zynga is the king of this phenomenon, providing games full of sticky and addictive action that encourage more clicks for the sake of clicks. Arbitrary value becomes real value, even when it’s not meant to. Just ask Ian Bogost, who created the satirical social game Cow Clicker that went on to such absurd popularity that he felt compelled to continue developing it, trapping himself in an ironic loop that refuses to end. In Cow Clicker, you literally click one cow every six hours to collect Mooney, which lets you buy other cows to click on.
https://news.ycombinator.com/item?id=27324466
DonHopkins on May 29, 2021 | parent | context | favorite | on: Y Combinator backed MMO metaverse game is a blatan...
Is Peter Molyneux a scammer? Or just a pathological liar who believes his own hype? He made some fantastic games in the past, but then...
https://en.wikipedia.org/wiki/Peter_Molyneux
The Lesson of Peter Molyneux
https://techcrunch.com/2015/02/15/the-lesson-of-peter-molyne...
Peter Molyneux - Dreamer? Or Con Man?
https://www.youtube.com/watch?v=62-J4KDMAIk&ab_channel=Shott...
Peter Molyneux Interview: "I haven’t got a reputation in this industry any more"
https://www.rockpapershotgun.com/peter-molyneux-interview-go...
>RPS: Do you think that you're a pathological liar?
>Peter Molyneux: That's a very...
>RPS: I know it's a harsh question, but it seems an important question to ask because there do seem to be lots and lots of lies piling up.
>Peter Molyneux: I'm not aware of a single lie, actually. I'm aware of me saying things and because of circumstances often outside of our control those things don't come to pass, but I don't think that's called lying, is it? I don't think I've ever knowingly lied, at all. And if you want to call me on one I'll talk about it for sure.
Would you feel the same if your phone permanently bricked itself because the vendor decided it was out of date and they just don't feel like supporting it anymore?
If you sell a product for money, you don't have the right to take that product away and keep the money.
And yes, I think it should be legal for a hardware product (like Spotify's "Car Thing" https://en.wikipedia.org/wiki/Car_Thing) to stop working because they don't want to support the online component. It's fine to get mad at the company, but I think it should be legal to do.
If you sell a product for money, you don't then get to later take the product away and keep the money.
I don't think you could sell "for as long as the developer supports the game" specifically, since that'd be an illusory promise (no actual obligation if the product can be revoked immediately), making the contract unenforceable and the customer entitled to restitution (a refund).
"infinite support" is pretty much just "leave the customer with the product they bought working". There doesn't need to be any ongoing costs.
For a lot of games the current situation is essentially the same as "The OS is no longer profitable enough, so the developer prevents you from using it"
This law has a lot of weird omissions and obvious loopholes because industry lobbyists want it that way for their clients. It's a very clever law in the studio and publisher's favor. It changes pretty much nothing. The worst GaaS plagues on the industry will be able to keep trucking along as usual and the few service games remaining that have an upfront cost will slap on the tiniest singleplayer function to meet the law. Hell a model viewer might even meet it, or at the very least bait people into trying to waste time in court over it.
All while making nice headlines implying that SKG is making meaningful progress (they're not)
It's entertainment. It's ok for entertainment to end, especially when it's this cheap. There aren't any situations where I haven't gotten my money's worth out of a title I've played for 1000+ hours.
> Alternatively, why not just align your incentives with the user and charge subscriptions.
Because most people balk at subscriptions. And that's kind of the answer to a lot of "why don't they just" questions in this area. They can't release the server because of proprietary libs, but they're using those because it's way, way, way cheaper than not doing that and the people who write those libs really know what they're doing. People won't buy your game at the price you'd need to set to do everything in house.
Sometimes it ends right after you bought it with no way of knowing it would, or before you bought it. Not everyone gets 1000+ hours out of a title, sometimes the day you install they announce that the servers are going down forever.
This is a weird thing to be legislating on.
> (b) This section does not apply to any of the following:
> (2) Any digital game that is advertised or offered to a person for no monetary consideration.
This solely refers to the game being available for free, not for any additional powerups or cosmetics being available for free.
I'd argue buying any form of MTX creates a monetary consideration. Though, I guess it is kind of a gray area that's gonna have to be ruled on.
> This solely refers to the game being available for free, not for any additional powerups or cosmetics being available for free.
I didn't intend to mean additional stuff being free. I meant additional stuff you can buy, resulting in the no monetary considerations carveout not applying.
This also isn't relevant to third-party code obtained under license. It is a de facto restriction on code dependencies, which may significantly increase development costs.
The most likely outcome is that some PE firm would buy the software rights out of bankruptcy and figure out how to bleed money out of people that want to continue using that software.
Performance under existing contracts is still required to shutdown. The mechanisms for getting around contract performance without bankruptcy essentially require handing control of the company to the contractual counter-parties.
Whenever the topic of regulating companies comes up, there's way too much fatalistic "Oh dear, we can't possibly incentivize good corporate behavior because companies are oh-so-clever and there's just no way to handle all the edge cases they will exploit!"
We'll never get anywhere at all if we simply give up the moment someone forms a shell LLC.
I don't think that's a reasonable reading of what it means to "buy a game", by most people's interpretation of the word "buy".
Regardless of that, the neat thing about regulation is that we don't have to settle for that interpretation, and instead force the one that's better for the consumer!
And Apple will no longer sell you a phone, but a license to use it. And it will brick itself when they decide (or when you try to open/repair it).
The government can compel speech from food and other producers to print content and nutritional labels on their products. The government can compel speech on a yearly basis when we file taxes. The can compel speech such as guidance maps and websites to be accessible to the blind (ADA). They can compel vehicle owners to provide insurance and ownership information, which is a kind of speech.
https://www.ea.com/news/update-on-ea-titles-hosted-on-gamesp...
The second that becomes a legal requirement with associated penalties, developers will stop licensing technology under those kinds of terms.
For once, there is a law that actually dictates the responsibilities that a developer has to the customer, and all that responsibility states is that the developer can not revoke the use of software that a customer has already fully paid for under certain narrow circumstances; somehow this is what you find to be unreasonable?
It’s no different from mandating that the software can’t be malware that puts a ransom on your data, contain other people’s copyrighted content without permission, or just not work despite you claiming that it does when you sold it
And it’s not mandating that anything is structured in a particular way, just that the game works as the buyer would expect and how they achieve that is up to them
Laws trump contracts.
Currently I'm heavily playing both a free-to-play with microtransactions title (Heroes of the Storm) and a subscription title (EVE Online), both of which are live service games which would be exempt from this bill by definition, but are both games I would meaningfully like to play even if the companies decided they didn't want to run them anymore. (Yes, I'm aware both games I am playing regularly are old as time itself.)
Meanwhile, yes, there are single purchase games with an online model, and they fail and get shut down because they were never sustainable to begin with. The bill would arguably cover something like the FPS-of-the-years which are intended to grab everyone's attention for a few months and then die off when the company needs you to buy the next version of the title because they get no recurring revenue from you continuing to play the current one. (See Call of Duty, Battlefield, etc.)
> there are single purchase games with an online model, and they fail and get shut down because they were never sustainable to begin with
I still don't think I agree with this (it's the exact same business model, just with an onboarding cost to e.g. be less dependent on MTX, or to cultivate a smaller but more dedicated fanbase, or to shut out bots), but that's beside the above points.
[emphasis mine]
AFAICT, the MTX would make HOTS not be eligible for the "no monetary considerations" carveout.
Edit, didn't realize you were the same person I replied to on another comment, sorry for repeating myself.
With the current "closed server" model, you can't get a copy of the server code, can't host truly private servers, and when the sequel MW4, BF4 comes out, those private servers won't survive and it forces everyone to move to the sequel regardless of the quality of the game. You can technically still hire a private server for games like BF3 (circa 2012) but very few people are going to pay the $70/month to host an official one via whatever terms EA has come up with, and you absolutely can't run it with plugins, mods, and especially custom maps or game modes, you have to play it "vanilla".
Quake 3 the server is included with the game, anyone can run it, modify it and it's very plugin friendly, which is largely why it is still around today. Closed servers you can't directly access is a deliberate decision to kill the game when the sequel is released, by not allowing users to extend what they "bought". Otherwise we would still all be playing Battlefield 3 on custom maps with CTF and 128 v 128 player servers and everything else. You can modify a handful of things on the paid private servers but it's extremely limited and there's no community feedback on any of this.
Sometimes laws have unintended consequences.
https://apnews.com/article/sesame-allergies-label-b28f8eb3dc...
Live service games overwhelmingly fall into exactly this category. If anything they're being incentivized over making a game that has an online multiplayer but focus being singleplayer or anything intended to be released and moved on from.
The industry already tried to make everything a live service game in the 2020-2022 period and it was financially disastrous because gamers rejected it.
Gamers have made it clear that they don't want a market full of live service games unless they are free to play (and even then, very few will survive).
They'll make rare exceptions for things like GTA6, but these will be unicorns.
by the way, why wasn't this bug fixed long ago?
This definitely has to be ruled on to know one way or another for sure.
Like previously you trusted their lack of sesame based on vibes, which you probably shouldn’t have been doing, and now they’re explicitly telling you not to trust them on this; this seems to me strictly better. You’ve lost a choice that never really existed in the first place
An actually unintended consequence would be if they introduced sesame because they were going to have to put the label on it anyways
And if the consumer doesn't invest any money into the experience, I have a hard time justifying a requirement for the publisher to provide options to keep the game running in perpetuity, so I'm fine with that exception.