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EULAs: The game outside the game
What the heck is an EULA? In theory, it is an End User Licensing Agreement. A legally binding contract between you and the provider of a product and/or service to indicate the rights and protections each of you has. As a user of software, or as a user of virtual environments and MMOGs, you've seen and indicated your agreement to many of these. Well, they're really kind of rubbish. Some sort of agreement of terms, rights and protections is clearly necessary, but these do not serve those purposes, for a number of reasons.
Markee Dragon taken offline, MMOwned moving
We've received an interesting report on the WoW Insider Tip Line today. Two large World of Warcraft hacking and account trading websites, Markee Dragon and MMOwned, are offline. Article Update: According to MMOwned, they are moving servers, which is the reason their site is offline for some.Attempts to reach the sites prove unsuccessful.This is a good thing for everyone that wants to have a more legitimate gameplay experience in WoW, as both of these sites actively encouraged people to exploit bugs, break the ToS, and do all other sorts of tom-foolery that destroyed the game for legitimate players.Our tipster mentioned that these sites were taken down in part by action taken by Blizzard, however we don't have any proof of that.I've selected the angry baby picture for this article, since that's how the exploiters and account traders are feeling right now. Buh-bye.
EVE Online trojan warning
CCP Games issued a warning today, regarding a trojan found in a macro for EVE Online. CCP Wrangler said that the macro is being offered by 'Gold Harvest Macro Solutions' and ostensibly allows a player to automate their skill-training with a queue, eliminating the need to periodically log in and change skills. CCP became aware of it and put it through testing; here's a shocker -- the shady software contains a trojan. Please contain your surprise. CCP Wrangler's full announcement (login required): "A number of players have recently received an advertisement for a skill training macro, this macro is sent by Gold Harvest Macro Solutions who claims that the macro will let you create a skill training plan and have your character automatically train your skills. This macro has been tested and it contains a Trojan, so make sure you do not download any software from these people. If you downloaded the program, make sure that you run a complete scan of your system and then change all of your passwords!"Not that anyone who uses programs like this doesn't really understand they're breaking the accepted rules of the game, but pretty much using any 3rd-party automation with the EVE client is a bad move.
Picking apart the MetaPlace Bill of Rights
MetaPlace is not an MMOG. It's a platform for creating virtual spaces that can be used for anything the creators can imagine. As such, the traditional MMO EULA is completely inadequate. Raph Koster -- the head honcho on the MetaPlace project -- made that clear in a panel at AGDC08. So, the folks working on MetaPlace had to come up with a whole new set of rules -- rules that allow users ownership of their virtual property, for example. There's a veritable landmine of problems awaiting this endeavor, of course. That's not to say it's impossible. It's just going to be extremely challenging.Koster published a first draft of the Terms of Service for MetaPlace on his blog the other day. It's based based on the Declaration of the Rights of Avatars that he conceived back in 2000. Readers of the MetaPlace ToS are likely to come away with two impressions. The first: that it's really cool and admirable and that in a general sense, Koster and friends are on the right track. Two is that the MetaPlace team seems to be underestimating just how epic a quest it's committed itself to.
The Daily Grind: Read and understood
End-User-License-Agreements, Terms-of-Use, Terms-of-Service. Some MMOGs and virtual environments get you to agree to them on first-use. Some get you to agree on every load and/or every login. In all cases, proceeding to click through indicates that you have (a) read it, (b) understand it, and (c) agree to abide by it. It is a legal contract between you and the operators and developers of the service. But frankly, did you? Do you? If the agreement contains specialist legal terms, it is technically not even possible for the average user to proceed with any level of informed consent without considerable research. It is even possible that many of these agreements may fail to stand up in court -- there's certainly precedent for that, depending on how finely you slice it. Do you read these manifestly lengthy and fearsomely involuted tracts? Do you understand them? Or do you just click on through and don't care what it actually says?
Bornakk tries to clarify fair play in Arena PvP
Bornakk has laid down a "clarification" on what's fair in the Arenas over on the forums -- he says that there's been a lot of questions lately over what constitutes fair play in Arena PvP, especially in terms of win trading.Unfortunately, his clarification isn't all that clear -- he reiterates that win trading (the act of exploiting the queue in some way to face a chosen opponent, or face the same team multiple times) is against the spirit of the game and against Blizzard's wishes (though his wording gets a little strange when he brings the Terms of Service into it -- we think that by "these actions all fall in line with our fair use clause," he actually means that they violate the clause). He does, however, go on to say that there are certain places in the system where facing an opponent multiple times will happen, and that that's obviously not the fault of players. So that, it seems, is the confusion: players were worried that because of the lack of population in the queue or other factors, that they would be accused of win trading, and Bornakk is saying that's not the case.Not that Blizzard hasn't been cracking down on win trading as much as possible lately, but the fact is that if there's a way to exploit the system, players will find it and do it. Blizzard says they're working on squashing "agreements" between players, but even then, Arenas may never end up being completely fair.
Peering Inside: The rights of creators
On 14 November, 2003 Linden Lab caused quite a stir by announcing that users who created or published content via the Second Life service would "retain full intellectual property protection for the digital content they create, including characters, clothing, scripts, textures, objects and designs." Essentially, the same rights that they'd have anywhere else (barring assorted terms of use/service to the contrary). It seems obvious, in many ways, but ultimately it's actually very rare. Terms of use/service which express a contradictory position are in the majority. In fact, go to the filing cabinet and pull out the contract for your current RL job. Odds are, there are a whole slew of creator rights that you've already signed away that have little or nothing to do with your job. That, unfortunately, is the normal condition. When it comes to the new, novel, or creative -- almost everyone wants a piece of your pie, and few want to leave a slice for you, if they can avoid it. Even taking Sturgeon's (second) Law into account, competition for the remaining portion of human content and pop-culture is quite stiff.
USQ patenting avatar emotional body-language
Well, sort of -- it is hard to be precise in the scant space that a headline provides. University of Southern Queensland (Australia) has a patent in the pipe at the moment that covers the extraction and avatar expression of avatar emotions -- at least if we're reading this right. The idea is that the system is supposed to work out emotional content based on input text or voice, generate an overall emotion plot in a multidimensional coordinate system, and then express that emotion through your avatar. Essentially your avatar is animated and expressive according to your detected mood in order to communicate the non-verbal cues normally associated with that mood. Will you see this in (say) Second Life, for example? Probably not. The Second Life Terms of Service grant an "a non-exclusive, worldwide, fully paid-up, transferable, irrevocable, royalty-free and perpetual License, under any and all patent rights you may have" to Linden Lab and all Second Life users as a part of pushing content in or through the virtual world. That scares the pants off of enough IP-lawyers right there, so it isn't very likely we'll see this show up in Linden Lab's virtual domain.
Gold farmers arrested in China
Here in the US, you can't really arrest someone for selling gold in-game -- it's against Blizzard's Terms of Service, so they can ban you from the game or even file suit against you, but it's not actually illegal. But in China, under communism, things are apparently a little different. Two gold farmers have actually been arrested by the government for "unfair revenue distribution" -- apparently the two had a disagreement about how to distribute the over $200,000 they had made from selling gold in World of Warcraft.Word is going around that "unfair revenue distribution" is the actual charge in the arrest, but it sounds like they just had a financial disagreement, so we really have no idea what they'd be charged with. Unfortunately, China isn't exactly forthcoming with how its legal system actually works, so who knows what's really happening here.Their operation also sounds interesting as well -- they had been going for about seven months, and had a crew of 20 PCs and 20 employees. There's little chance that an arrest like this will make much of an actual difference in the game (and there's no way an arrest in China will set a precedent in the US), but it is an interesting case that we'll follow if we can.[Via WorldofWar.net]
Linden Lab sparks bloggers strike
Starting today, a number of prominent Second Life bloggers are on strike for three full days in protest at Linden Lab's sudden detrimental change of position on the use of current and new trademarks. These bloggers feel snubbed and threatened by the new brand guidelines, which they find contradictory, excessive and potentially restrictive to free speech, and are going on a symbolic three-day strike as a gesture to show that they do not find Linden Lab's answers to these concerns sufficient.
Linden Lab says no bans, TOS disavows
The inclusion of section 4.4 of the Second Life Terms of Service has caused considerable fear, uncertainty and doubt among the users, even leading some to refuse to log in, so that they do not accept those terms in their current form. On the face of them, the clause essentially makes any breach of the Brand Center guidelines a breach of the Terms of Service. Linden Lab's representatives say that they would not treat external breaches of those guidelines as a Terms of Service breach -- however, legally their statements to that effect fail to hold water.
Peering Inside: Massively abusive
At any time that a Second Life user feels that someone in their vicinity (or objects in their vicinity) violates Linden Lab's Terms of Service, or the Second Life Community Standards, that user can file an abuse report, which is then forwarded to Linden Lab's abuse team for processing via a request tracker. Each report, we are told, is examined and action taken where appropriate. Every account has a record which is to be assessed to determine ongoing abuse. An established resource and record of actions apparently exists to determine consistency of judgment. But that can't be the whole story.
Legal files reveal IGE and Affinity connection once and for all
You may remember that earlier this summer, when Affinity Media purchased Wowhead (to add to their acquisitions of Thottbot and Allakhazam), we were able to interview Affinity Media CEO John Maffei, and he told us, in a very roundabout way, that Affinity and IGE had supposedly parted ways-- Affinity and its content sites were, he said, no longer associated with the company that sold gold in World of Warcraft. However, if you read the comments on that interview, you may have doubted what Maffei told us, and now, thanks to legal documents surfacing because of a legal action against IGE, it appears you were exactly right: Affinity and IGE are (or were, according to Affinity Media) still two peas in the same pod (see Update).I know for certain right now that some of you commenters are preparing the "aww geez, not this again" (NSFW) macro to post, and I don't blame you. You're exactly right; this is boring business stuff, not new news about the Sunwell, and anyone paying attention back during the Wowhead acquisition knew that the two companies were still connected anyway. If this isn't news you to, fine-- I don't mean to reopen Pandora's Box, we just want to make sure we do due diligence in covering this issue.
Why virtual thefts matter
Real thefts occur in the real world all the time - we know that, and our respective justice systems have long since evolved to deal with them. When it comes down to virtual theft (characters, gold, or items) whether actually taken from an account or replicated by use of an exploit - most people don't really think it matters. It's not happening in the physical world, right? So it shouldn't, right? Well, it does, and here's why.
AT&T disconnecting critical users? Probably not
You may have heard the hubbub in the last 24 hours about AT&T's new Terms of Service for its DSL accounts, and its apparent hardline approach to customers who may criticize the company. For those of you not up to speed, the long and short of it is that the TOS stipulates that AT&T can and does reserve the right to disconnect any user's account if the telco believes said user is utilizing the connection to "damage the name or reputation of AT&T, or its parents, affiliates and subsidiaries." Sounds doomy and gloomy, doesn't it? Well, AT&T issued a statement in response to the backlash it's been getting, making it explicitly clear that it is not the company's policy to axe users who take it to task. Here's what they had to say:"AT&T respects its subscribers' rights to voice their opinions and concerns over any matter they wish. However, we retain the right to disassociate ourselves from websites and messages explicitly advocating violence, or any message that poses a threat to children (e.g. child pornography or exploitation). We do not terminate customer service solely because a customer speaks negatively about AT&T. This policy is not new and it's not unique to AT&T."So, according to The Man, you can talk all the smack you want about AT&T and its screwball policies / high prices / use of dental implants to monitor your conversations -- without the fear of having the lines snipped... or so they say.
Forum Post of the Day: Is this against the ToS?
Poster Gnipgnop claims he's taught his pet cat to play World of Warcraft -- and wants to know whether or not this is a violation of the terms of service. Tseric responds to the thread with a cop out answer -- but inquiring minds really want to know! I've chatted with a guildmate recently about teaching a cat to play World of Warcraft, and we feel that a hunter would be the best class. You'd just have to do some heavy keyboard remapping: bind a fourth of the keys to autoshoot, another fourth to pet attack, another fourth to tab targeting, and the rest to assorted directional movements -- combined with some cats' natural fascination with keyboards, and it could work! (Of course, you would have to take over the controls to tame new pets, sell phat lewts, etc.) So, Blizzard, intelligent people everywhere demand an answer -- is it against the terms of service to teach my cat to play?
PlayStation 3 Network live, Terms of Service loooooong!
Sony activated PlayStation 3's online network in North America this morning (it's been live in Japan since last week), in anticipation of tomorrow's launch. We'll let you know how it fares once we get through these Terms of Service...[Thanks CheapyD!]
T-Mobile: no MinuteWatching for you
If you're a wireless customer, it goes without saying that being able to micromanage your usage is a great thing. It also goes without saying that if you're a wireless carrier, it's not. As many of us have found out the hard way, it doesn't take much overage to double your bill, and carriers rely on that exactly that kind of carelessness to make some extra coin month to month. We told you about MinuteWatcher not long ago, a nifty free service for keeping an eye on your calling and predict future usage based on trending, and apparently T-Mobile doesn't think much of it; in fact, besides blocking MinuteWatcher's servers, they've gone ahead and amended their terms of service to specifically prohibit such services. For a company typically known for showing its customers much love, T-Mobile's move doesn't show a lot of tact -- but then again, nothing speaks louder than the almighty overage minute.
Embargoed Azeroth
Until I saw this article, I hadn't realized that any country with which the US had a trade embargo was prohibited from adventuring throughout Azeroth according to World of Warcraft's terms of service. Even formerly embargoed countries, such as Iraq and Iran, remain specifically banned from playing WoW. This doesn't mean that there are no players in embargoed countries - only that they may be permanently banned whenever Blizzard takes the time to enforce these rules. It's an interesting look at the barricades between some players and the virtual world most of us take for granted.
Norway Ombudsman looks at iTunes TOS and cries foul
You know why DRM sucks? Because it makes it possible for Apple to do naughty things like change the ways you can use your iTunes Music Store tunes after you've purchased the songs / videos. If you didn't know about it, you should really take a long read of the iTMS Terms of Service. It looks like someone in Norway has noticed and found it to be supremely problematic: "The Consumer Council of Norway find the terms to be unbalanced and highly in favour of iTunes as one party in the entered agreement. . . . The consumer is granted few or no rights while iTunes provides itself with several unfair rights according to Waterhouse."So now, the TOS is up for review. I'd like to think Norway will slap iTunes down and it will lead to a loosening of the TOS across the globe, but considering how Apple's current poor support of Europe lags behind support in the U.S., I seriously doubt that Steve Jobs is very concerned by this review.
