Video Games & Virtual Worlds

“Virtual Worlds, Video Games and the Law” – 12/2 Event in DC

by on November 29, 2008 · 11 comments

My good friend Jim Dunstan will be speaking to the “Games Gateway” meet-up group for the U.S. Mid-Atlantic Region on Dec. 2 at 6:30 pm about the legal issues affecting video game developers.

Did you know that enabling gamers to talk via voice while in a virtual world may subject you to FCC regulations? Or that the Child Online Privacy Protection Act under the FTC must be followed for game sites that knowingly include children under the age of 13? Whether you are a developer of console, PC or online games and worlds, there are legal issues which you need to keep in mind. Many of them are surprising, so join us to hear James Dunstan, partner at Garvey Schubert and Barer, an expert in video game and telecommunications law, discuss the ins and outs of interesting legal issues, what you as a game developer need to keep in mind, and steps to take as you develop your next game.

Besides being a space/Internet/communications lawyer (my alter ego!), Jim’s a video game programmer himself and has spent years advising video game clients.  RSVP here.

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Video Games, Violence, & Social “Science”: Another Day, Another Fight

by on November 3, 2008 · 20 comments

A new study (which is actually based on an old study) by Dr. Craig Anderson of Iowa State University and two other researchers is making news today because it suggests a link between violent video games and real-world aggression. I have written extensively about such studies here in the past, and have included a list of relevant links down below. But let me just use the opportunity to restate the fundamental problem with the way the press reports these things.

  1. First, the press typically accepts the assertion made by authors of studies like these that the social “science” is unanimous in support of such a link between exposure to violent video games and real-world aggression. there is another side the story, but the press usually doesn’t report on it.
  2. Second, reporters almost always fail to ask about how the researchers define “violent” games and the resulting “aggression” found in these studies.
  3. Third, reporters almost never ask about how strong the correlation is or, more importantly, what other variables might have had an influence on the the subjects who were studied. (For example, did they factor in real violence in the home or at school?)
  4. Finally, the reporters almost never query the researchers about the biases they bring to the task of studying this issue (namely, do these researchers have strong feelings about the content in the games they review such that they think they should be regulated in some fashion?).

Luckily, other social researchers are willing to point out these deficiencies. (See, for example, my reviews of the recent books by Drs. Kutner & Olson as well as Dr. Kourosh Dini.)  With reference to the new study reported in the press today, Texas A&M researcher Dr. Christopher Ferguson has challenged the study on many of the grounds I listed above. Specifically, in a letter to the journal (Pediatrics) in which the Anderson study appeared, Dr. Ferguson argues:

Continue reading →

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Women Play Video Games?

by on September 16, 2008 · 31 comments

The Washington Post reports today on a trend that I thought we all knew about, but one I’m glad the mainstream media is finally realizing.  It turns out that people who play video games are not just virginal teenage boys with acne problems.  No, even 20-something, attractive women play video games.

The Post’s Mike Musgrove reports on the mother and daughters of the Burguieres family of Bethesda, Maryland.  Of course in good journalist fashion Musgrove uses the Burguiereses to illustrate a larger point, he even points to the relevant stats:

It used to be that this all-woman crew wouldn’t fit the standard image of the video game consumer. But the perception of gamers as being mostly young guys isn’t so true anymore. Women and girls make up 40 percent of the gamer population, according to the Entertainment Software Association.

The most interesting point brought up in the article on this demographic trend—one that most gamers realize has been happening for quite some time—is Musgrove’s observation that women once were not naturally accepted members of the gaming community.  It’s a great point, but one that can be extended to tech community in general.

Continue reading →

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Dear Gov. Patterson… Regarding that Video Game Bill You Are About to Sign

by on July 17, 2008 · 11 comments

To: Hon. David Patterson, Governor, State of New York From: Adam Thierer, life-long gamer and Senior Fellow at the Progress & Freedom Foundation Date: July 17, 2008 Re: That video game bill (A. 11717/ S. 6401) you have been asked to sign

Dear Gov. Patterson:

I write today to ask a few questions about a measure that is currently sitting on your desk awaiting your signature. The measure (A. 11717/ S. 6401), which recently passed through the New York legislature, proposes a new regulatory regime for video games. It would include greater state-based oversight of video game labels and console controls as well as an advisory board to monitor the industry.

As a life-long gamer—and now the parent of two young gamers—this is a subject I care deeply about. I also come at this topic from an academic perspective as someone who analyzes the intersection of child safety concerns and free speech issues surrounding various types of media and communications technologies. I am the author of a frequently-updated book, Parental Controls & Online Child Safety: A Survey of Tools & Methods, which provides a comprehensive look at the many tools and methods on the market today that can help parents deal with concerns about objectionable media content.

But mostly I write you today from the perspective of someone who just enjoys games. Actually, let me clarify that: I am utterly infatuated with video games. Gaming has been a life-long passion of mine and something I have enjoyed with friends and family since I owned my very first PONG and Atari 2600 systems in the 1970s. Since then, I have owned virtually every major video game console sold in the United States. Even today, as I approach 40 years of age, I find myself sitting down many nights to enjoy games with my son and daughter on the Xbox 360 and Sony PS3 consoles that we have in our home.

Like millions of other Americans, gaming is now fully integrated into the fabric of my life and the lives of my children. It has become one of the most enjoyable media experiences for my generation and the generation of kids that we are raising. And, although I am certain that the New York legislature had the best of intentions in mind when passing this bill, I believe I speak for a great number of those other American gamers when I say that the measure on your desk is somewhat of an insult to our intelligence. Let me explain by raising a few questions about this bill, which I will argue is unnecessary, unworkable, and unconstitutional: Continue reading →

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PC Game Software Sales Actually Growing

by on July 15, 2008 · 152 comments

I hate to burst a theory, but Adam is wrong to say that PC gaming is on the decline. But I understand how appearances can be deceiving. Walk into your average GameStop or Best Buy and you’ll see row after row of console games placed front and center. You’ll usually find the PC games stuck in a corner with routers and external hard discs.

Retail numbers also support the theory that PC games are on the decline. NPD Group says that while North Americans spent $18.8 billion on game software in retail stores last year, just $910 million went to PC games, down from $970 million the year before. So, PC games are roughly 5% of retail sales. It sounds a lot like a death nil.

But retails isn’t the only place games are sold these days. Just like iTunes and its online component—the cleverly named iTunes Store—have revolutionized the way music is sold, so too have PC game makers revolutionized software sales in recent years.

My most recent gaming experience has been barreling through Half-Life 2 and Portal as I make my way through the Orange Box. When I installed the Orange Box, a package of 5 games by Valve Software, I wasn’t just installing games, but also a game-buying service. I’m now a proud registered user of Steam, one of the largest online game buying services. The Boston Globe recently published a story covering the rise of Steam:

Today Steam sells more than 250 games by Valve and other PC game publishers. The service has 15 million registered users, and posted 2007 sales growth of 158 percent. Valve cofounder Gabe Newell recently said he expects Steam sales will soon surpass Valve’s retail store revenues.

Even with services like Steam around, aren’t the consoles swimming in dough after the release of mega-hits like Grand Theft Auto IV? Not when you factor in the subscription fees being forked over on a monthly basis by those who have given over countless hours of their lives to massive multi-player online games (MMOs).

Continue reading →

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Do video games create cop killers?

by on April 29, 2008 · 13 comments

Dennis McCauley of Gamepolitics.com takes on that issue today in a column:

In the United States, the FBI tracks annual statistics on police officer slayings as well as assaults on police officers. I compared these figures to the various release dates for the three major GTA console game releases to date (GTA III, GTA Vice City, GTA San Andreas) and plotted the whole thing on the chart below. It’s a bit like the well-known video games vis-a-vis juvenile crime graph created by Duke Ferris of GameRevolution a few years back, although with a much narrower focus.The FBI statistics portray a much different picture than that painted by critics like Thompson and Grossman. In the chart, I’ve plotted FBI figures for police officers feloniously killed (blue line) and police officers assaulted (red line, listed in thousands). As can be seen, police officer murders peaked at 70 in 1997 (i.e., four years before GTA III) and again in 2001. GTA III was released in late October that year, so if the game caused that year’s spike, it would have had only two months in which to do so. (also, the 2001 figures don’t count the 72 officers lost when the World Trade Centers collapsed). The chart shows that since GTA III was released police killings have been trending downward to a low of 48 in 2006. Although the FBI has not yet posted 2007 numbers, the National Law Enforcement Officers Memorial Fund lists 68 police officers as having been shot to death in 2007. But it’s worth pointing out that while there may have been a spike in police slayings last year, there was no corresponding GTA release. There hasn’t been a new Grand Theft Auto console title issued since San Andreas in October, 2004.

I’ve commented more on these issues in my essay on “Why hasn’t violent media turned us into a nation of killers?”

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Grand Theft Auto: Masterpiece or Abomination?

by on April 27, 2008 · 11 comments

In less than 36 hours, one of the most anticipated—and most demonized—games in years will hit the shelves. Grand Theft Auto IV, the “ true” successor to the groundbreaking Grant Theft Auto III, has been the focus of intense criticism ever since being announced. But while GTA IV will undoubtedly be filled with extreme violence, it may also be a masterpiece of human creativity.

On Friday, IGN reviewed GTA IV , giving it a highly elusive perfect score. Calling it “masterful” and an “American dream,” IGN says GTA IV is the greatest game in nearly a decade. Since the press embargo ended this morning, many other reviewers are reaching similar conclusions .

No real surprises there. What’s surprising, however, is that unlike its somewhat one-dimensional predecessors, GTA IV offers unprecedented character depth along with an “Oscar-caliber” storyline. And it also depicts the ugly downside of crime in the same vein as epic films like Goodfellas and Scarface, retelling the classic story of a struggling immigrant coming to America in search of fortune, haunted by the experiences of a past life.

Naturally, Grand Theft Auto’s release has re-ignited public debate over how games affect kids and whether new laws are needed to protect children from the gratuitous violence found in many video games. GTA has been a favorite target of politicians for the past eight years, and the usual suspects like Jack Thompson and Tim Winter have predictably spoken out against GTA IV. But parental controls are more robust than ever, as Adam has documented , and some have even suggested that kids should be playing Grand Theft Auto. Despite the recent explosion in hyper-realistic violent games, violent crime rates have been dropping across the board. Maybe games like GTA are just another harmless outlet for kids to express violent behavior, much like playing cops and robbers.

As game budgets have swelled and public interest in gaming has expanded, more games than ever transcend the stereotype of gaming as a juvenile pursuit with little artistic merit, reminding us that games can be artistic expressions on par with books, movies, or songs. Critics whose gaming experience consists of having played Pacman in an arcade may belittle gaming as a trivial pastime, but anybody who has played Bioshock or Gears of War or Oblivion knows better. Games can critique the harsh realities of modern society and offer insight into the nature of the human soul in ways that less interactive forms of media cannot. Likewise, games deserve both critical admiration and legal protection.

Of course, GTA IV is no Mona Lisa. But the way things are going, it’s entirely possible that the next timeless masterpiece of artistic expression will be created not with a brush or pen, but with lines of code.

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Manjoo on “Grand Theft Auto 4” hysteria

by on April 25, 2008 · 35 comments

GTA4 Salon’s technology writer Farhad Manjoo has some sensible comments about the hullabaloo we’re already hearing about the forthcoming “Grand Theft Auto 4”:

When I watched the game, I caught one sequence that would seem sure to prompt outrage — your character gets falling-down drunk and can, if he wants, steal and then drive a car. The scene is undeniably fun and funny. Admittedly, the humor is low-brow, more in the tradition of “Jackass” than of Oscar Wilde, but it’s still fun; like much else in the game, it’s the thrill of discovery, the sense of, “Whoa, I can’t believe I can do that!” Of course, that’ll be exactly the sentiment of the game’s detractors: Can you believe they’re letting children do that?! This has to be illegal! Well, actually, nobody is letting kids play this game. It’s rated M, which means it’s for sale to people 17 or older. Kids will still get it, of course, just like they also get hold of R-rated movies and all kinds of perversities on the Web. But nobody — at least nobody sane — calls for movie houses to refuse to play R-rated movies just because kids might sneak in. It’s hard to see why the policy should be any different with video games.

That’s exactly right. Moreover, as I have pointed out countless times before, parents have more and better tools to control video game consumption by their children than any other form of media. And that’s especially the case considering the cost of video games! When a game costs $60 bucks a pop, you gotta wonder how the kids are getting their hands on it. Are the parents just stuffing their kids’ pants full of cash and saying “OK, Johnny, you go buy whatever you want now.” If so, they have only themselves to blame for failing to effectively use the ‘power of the purse‘ to their advantage.

Finally, let’s not forget that gritty, M-rated games like “Grand Theft Auto” are the exception to the rule, as I have proven here.

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review: Dr. Kourosh Dini’s “Video Game Play & Addiction”

by on April 23, 2008 · 19 comments

Dini book cover Dr. Kourosh Dini is a Chicago-based adolescent and adult psychiatrist who has just published a new book entitled, Video Game Play and Addiction: A Guide for Parents. [You can learn more about him and his many talents and interests at his blog, “Mind, Music and Technology.“] Dini’s book arrives fresh on the heels of the fine book, “Grand Theft Childhood: The Surprising Truth About Violent Video Games and What Parents Can Do,” by Drs. Lawrence Kutner and Cheryl K. Olson. [See my review of that book here.]

Like Kutner & Olson’s book, Dini’s provides a refreshingly balanced and open-minded look at the impact of video games on our kids. One of the things I liked about it is how Dr. Dini tells us right up front that he has been a gamer his entire life and explains how that has helped him frame the issues he discusses in his book. “I have played games both online and off since I was about six years of age, and I have also been involved in child psychiatry, so I felt that I would be in a good position to discuss some inherent positives and negatives associated with playing games,” he says. Dini goes into greater detail about his gaming habits later in the book and it makes it clear that he still enjoys games very much.

Some may find Dini’s gaming background less relevant than his academic credentials, but I think it is important if for no other reason than it shows how we are seeing more and more life-long gamers attain positions of prominence in various professions and writing about these issues using a sensible frame of reference that begins with their own personal experiences. For far too long now, nearly every book and article I have read about video games and their impact on society at some point includes a line like, “I’ve never really played many games” or even “I don’t much care for video games,” but then–without missing a breath–the author or analyst goes on to tell us how imminently qualified they are to be discussing the impact of video games on kids or culture. Whenever I read or hear things like that, I’m reminded of the famous line from an old TV commercial: “I’m not a doctor, but I play one on TV.” Seriously, why is it that we should continue to listen to those critics who denounce video games but who have never picked up a controller in their lives? It’s really quite insulting. Would you take automotive advice from someone who’s never tinkered with cars in their lives but instead based their opinions merely upon watching them pass by on the road? I think not. Continue reading →

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Bruce Everiss on video game piracy

by on April 23, 2008 · 8 comments

Bruce Everiss, a UK-based video game industry veteran, and author of the blog Bruce on Games, has penned a comprehensive essay on video game piracy through the years. I recommend you read the entire piece, but here’s the take away:

And the game industry continues to grow and prosper, despite the piracy. This is because the proliferation of platforms allows publishers to more easily abandon platforms that are pirated to the point of being uneconomic. Instead they concentrate on platforms where there are windows of opportunity to run a viable business. Either because the anti piracy technology is on top or because there is a sufficient number of honest customers to get a return, even sometimes with a heavily pirated platform. Games with an online element can often be made very pirate proof which has been a major incentive for developers to go down this route. So for 25 years or so game players have been stealing games in truly massive numbers with zero chance of being caught and punished for their crime. Very often far more copies of a game title have been pirated than have been bought. This self evidently causes harm to the games industry, ultimately leading to less money being invested in games for the pirated platform. So, the game player suffers for his theft by having less games and lower quality games. All pretty obvious to anyone but the pirates who make all sorts of feeble excuses to justify their stealing.

[My own views on video game piracy can be found here and here.]

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