legal

The ESA is fighting proposed DMCA exemptions that would preserve sunsetted MMORPGs because of course it is

Over the last couple of years, the Electronic Frontier Foundation has been petitioning for changes to the DMCA to help preserve old video games – to eliminate server-based DRM and legalize emulators for games that had been abandoned. As of 2015, the Library of Congress granted the request, but the exemption very specifically didn’t cover closed-down MMORPGs.

Then, in October of 2017, the US Copyright Office effectively renewed the exception and reopened the argument, in part because of a Museum of Art and Digital Entertainment (MADE) proposal to consider even massively-multiplayer games on the table for archival purposes. Even if you have no interest in playing on an emulator for an ancient MMORPG, surely you can see the value in allowing future historians the opportunity to see these worlds first-hand instead of through blurry YouTube videos. The code still exists, after all; outdated laws simply keep them closed to all of us.

Not so fast, says the good ol’ Entertainment Software Association.

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New Hampshire senator Maggie Hassan has picked up the lootbox and gaming addiction cause

Up until now, the political grumblings about video game gambleboxes has been mostly limited to state governments, specifically Hawaii’s Chris Lee, who submitted four regulatory bills this week, and Washington state’s Kevin Ranker, whose January provisional bill would require an investigation of whether the mechanic constitutes gambling under state laws.

But they’re getting a higher-ranking ally today. As Rolling Stone reports, New Hampshire Senator – that’s the US senate, not the state senate – Maggie Hassan has apparently joined the fray. She sits on the Commerce, Science and Transportation Committee and used a recent committee hearing to ask FTC nominees their opinion on gaming addiction and lockboxes. (All four apparently said the issue is something they will address.)

Hassan also penned a letter to the ESRB asking it to “review the completeness of the board’s ratings process and policies as they relate to loot boxes, and to take into account the potential harm these types of micro-transactions may have on children.”

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Hawaii state rep Chris Lee has now introduced four bills regulating lockboxes

Hawaii State Representative Chris Lee has made good on his plan to write and submit bills to the state legislature regulating the sale of video games with predatory lockboxes. The four bills are straightforward: Two seek to block the sale of video games with random-reward gambleboxes to people under the age of 21 (gambling age in Hawaii as well as many other US states), while the other pair requires proper labeling of the gambling mechanics on game boxes as well as disclosure of probability rates of items inside the boxes.

As GIbiz points out, up to now the only active bill on the topic in the US was a demand for more research by Washington representatives.

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World of Warcraft Classic progresses: ‘This is the right decision’

Desperate for some World of Warcraft Classic news now that the BlizzCon high has faded? Forbes has an interview up with Blizzard Executive Producer J. Allen Brack and Senior Game Designer Jeremy Feasel that at least touches on the challenges that lay ahead in bringing a legacy server to the gaming population.

The two don’t mince words about the technical challenge, but say that there is a plan to minimize the complexity of such a project and move forward. The studio said that “lots of decisions to make” and many things to do, such as to partner with the community and get feedback about the formation of Classic.

Brack emphasized that Blizzard wants to structure this so that it will not be managing two MMOs at the same time. He said that headaches aside, it’s a project worth pursuing: “We’re convinced, through the desire of those folks, the desire of our internal folks, and the desire to preserve what WoW was, that this is the right decision.”

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Affidavit names two more gamers involved in fatal Call of Duty swatting incident

More details about the fatal Call of Duty swatting incident that took place in Kansas at the tail end of 2017 are coming to light.

You’ll recall that in December, California resident Tyler Barriss allegedly called Wichita, Kansas, police to report a supposed murder/hostage/arson in progress, using what he presumably believed to be the address of a Call of Duty player intended as the focus of the ensuing police harassment. The address used, however, was apparently for a completely unrelated person, father of two Andrew Finch, who was subsequently shot and killed by police after opening his door. The officer who shot Finch was on paid administrative pending investigation as of two weeks ago, when Barriss was formally charged with involuntary manslaughter and extradited to Kansas.

If you were confused over how Barriss became involved, the newly released information has a bit more backstory, as investigators have released an affidavit identifying the the other people involved to some degree in the swatting incident. Kansas resident Shane Gaskill and Ohio resident Casey Viner were involved in a dispute over an online game, believed from early reports to be Call of Duty; following the death of Viner’s character at Gaskill’s character’s hand in a match with a monetary bet on the line, Viner threatened to swat Gaskill on Twitter, who then posted an address in Wichita that was not his and dared Viner to “try some shit.”

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Washington state senator proposes lockbox gambling investigation in new bill

Hawaiian politicians are getting some company on the lockbox front from a compatriot in Washington state.

State Senator Kevin Ranker has introduced legislation there that forces the gaming industry and state gambling officials to determine whether lootboxes/lockboxes in video games constitute gambling under state law – and whether they target minors. According to the Tacoma-based News Tribune, Ranker is pushing specifically for regulation that results in the publication of odds for lockbox mechanics in video games.

“If (parents) realized how predatory these game are then they wouldn’t want them under their Christmas tree, they wouldn’t want them going to their kids,” he reportedly said.

Should the provisional bill pass, the determination must be made by December of this year.

Source: Washington Senate Bill 6266, News Tribune via GIbiz. Thanks, Paragonlostinspace and Fábio.

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The Daily Grind: Have you ever taken drugs in an MMORPG?

Probably my favorite screenshot in an MMO is the one I took back in 2003 or so, when my Star Wars Galaxies character was selling handmade spice out of her backpack one by one, before anyone I knew even had factories. After buying a few Neutron Pixies from me, one of my customers whispered to me some advice. “You’re kinda small and adorable for a drug dealer,” he noted. “You may want to get a scar or something for the next transaction with someone.”

That conversation popped into my head this week when I read about the ESRB’s guidelines on the depiction of narcotics in video games, which have apparently been reinforced by a recent study on top-selling console games that found plenty include various drugs as boosters, some in combination with other drugs, some without any associated side-effects. SWG, of course, had really nasty side-effects, a long-lasting downer that often made the spices not worth using outside of critical fights or duels, but still, the whole thing was still very cartoony. With or without my scar.

But what about other MMOs? I can think of only a handful of true MMORPGs that touch this sort of mechanic; most just seem to skirt the question altogether, no doubt to avoid that ESRB M sticker. You guys can probably think of more examples. Which MMOs have “drugs,” did you think they were problematic, and have you ever taken drugs in an MMORPG?

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Valve asks Australian High Court to set aside consumer law ruling that fined it over $2M

Stretch your brain allllll the way back to 2016, when Australian courts fined Valve $2.16 million US at the behest of the Australian Competition and Consumer Commission (ACCC). That regulatory body had accused Valve of essentially insufficiently advertising and refunding Australian Steam customers for purchases on the platform, which ran afoul of the country’s consumer laws.

In agreeing with the ACCC’s complaint, the federal court found that Valve had not only broken consumer law but failed to properly conduct business in the country and therefore was subject to the maximum fine; the court also ordered Valve to set up special refund notices for Aussie customers and school its employees under a special “Australian Law Compliance Program.”

Valve has apparently spent the last year and change appealing the decision – and hey, they’ve been fighting this since 2014, so why stop now, right? And now, as Gamasutra reports, Valve has applied for “special leave” from the Australian High Court. As in the US, petitioners aren’t necessarily entitled to a hearing before the highest court in the land; members of that court decide whether or not to hear your final appeal once you’ve worked through all the other layers of the court system.

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Trademarks, copyrights, and patents: What they mean for you and for video games

Has the pace of news moved so quickly that we’ve already forgotten about Brendan “PlayerUnknown” Greene’s statement that video games lack any IP copyright protection? Because that was really ridiculous. Especially since what he was referring to was not actually even remotely related to copyright, but covered something that would be handled via patent. And even that wouldn’t have worked!

Of course, you can’t really blame him. By which I mean you can totally blame him, but it’s a common misconception that turns up time and again. People talk about copyright, trademark, and patent issues in the same general melange of “this company owns this,” and the thing is that they’re related terms and concepts that nevertheless mean very, very different things.

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Blizzard Korea helps Seoul cyber crime police arrest 13 Overwatch hackers and cheaters

The MOP comment crew was understandably creeped out by last week’s news that Tencent was going after PlayerUnknown’s Battleground cheaters by working with the Chinese police, leading to the arrest of 120 people in 30 cases. But Tencent isn’t alone; Blizzard is also getting in on the law enforcement fun, most recently in Korea, where its Korean wing has referred 13 people to Seoul’s National Policy Agency cyber crime unit for arrest in Overwatch hacking and cheating crimes.

As Dot Esports and Blizzard Watch report, this isn’t a first for South Korea; at least one teen has already been charged under the so-called “Game Industry Promotion Law,” which permits two years of prison time and up to $18,000 in fines for those convicted.

Here’s Blizzard Korea’s message to its players, as translated by Unikrn:

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Fortnite racks up 40 million downloads, boasts about its success

Forty million downloads. That’s the staggering number that Epic Games is tossing around concerning its incredibly successful Fortnite after a busy holiday season. That’s 10 million up from a month ago, by the way — and it’s only 100 days into the game’s live operation.

“Some of the folk around the office are saying hey, we could be the biggest battle royale game in the western world, which is crazy,” said Lead Systems Designer Eric Williamson. “Some people are saying we could be the biggest and best-played game in the western world.”

So what’s next for the game? The Map Update is coming to the Battle Royale mode with a city and new named areas to flesh out the landscape as well as more distinct biomes.

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Tencent helps Chinese law enforcement arrest 120 people linked to PUBG cheats

If you thought Epic Games was being too rough on cheaters in Fortnite by smacking kids with personal lawsuits, wait until you hear what Tencent is up to. The Chinese gaming giant is preparing to (officially) launch PlayerUnknown’s Battlegrounds there (yes, it’s already playable there via Steam, but in early access). And ahead of that, it’s going after cheaters, specifically the cheat vendors – hard.

Bloomberg reports that the company has worked with Chinese police to arrest 120 people as part of 30 different cases involving cheat programs for the game. According to the publication, the company is trying to crack down on the hacking that pervades its games, specifically PUBG; those convicted under Chinese law could be sentenced to several years in prison, in addition to fines (and yeah, it’s happened before). So maybe don’t be a hacker targeting a megacorp’s video game in China.

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Accused Call of Duty swatter charged with involuntary manslaughter

Just before the new year, the gaming community was mortified to learn that an innocent Kansas man had been shot by police following a fake crime report targeting the victim’s residence over a video game – i.e., a swatting incident that actually came to its intended deadly end. Now, the caller, 25-year-old Tyler Barriss, has been charged with involuntary manslaughter, as well as with giving false alarm and interfering with a police officer.

According to original reports, Barriss was intending to target a Call of Duty player over a bet. His doxxing attempt went awry when he was given the wrong address for his victim, and so when he phoned police with his long and drawn out story about a murder/hostage/arson in progress, he sent them to the house of a completely unrelated father of two, Andrew Finch, who was subsequently shot and killed by police after opening his door.

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