Virtual Legality

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(0:00) Opening

(2:30) Electronic Arts says the old way of releasing games doesn't work anymore

(19:07) Xbox Live’s new standards try to define acceptable trash talk

(22:43) Community Standards for Xbox

(28:25) Microsoft Services Agreement

(56:15) Electronic Arts "Legal" Terms

***SPOILER WARNING: All Postmortem videos and podcasts contain SPOILERS***

We're back to table setting after the events of last week, in episode 4 of the final season of Game of Thrones: "The Last of the Starks".

What works and doesn't work?

How seriously are we supposed to take the threats posed in the new world order, especially when juxtaposed with the (lack of) impact from the season's previous episodes?

Why do portions of the episode engender some of the feelings of complexity and depth that viewers had grown used to over the course of the series' run, while others highlight the shallowness that has characterized the more recent seasons?

And what was the point of all of these mythical beasts, supernatural threats, lords, and lights, anyway?

CHECK OUT THE VIDEO AT: https://youtu.be/mnr0Knf7LEs

#GameofThrones #Season8 #Postmortem

***

FOR MORE CHECK US OUT:

On Twitter @hoeglaw

At our website: https://hoeglaw.com/

On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers)

(https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3jaA)

Biweekly on "Inside the Huddle with Michael Spath" on WTKA 1050

When Youtuber Ross Scott (Accursed Farms) put out his video claiming that, by their very nature, service-based games (GaaS) were fraudulent (https://youtu.be/tUAX0gnZ3Nw), we responded with a video of our own explaining that, while his concerns with the business practice were justified, particularly in respect of the difficulties posed for preservation of the medium, they likely did not rise to the level of fraud or other actionable legal complaint (https://youtu.be/yndkAmqjs0o).

After a back and forth in the comments to that video, Ross and I agreed to discuss the issues raised (including instances where he felt that his position had been mischaracterized) via a live chat, and this boisterous, respectful, far-ranging, and important (almost 2 hour long) discussion is the result.

Thanks very much to Ross Scott and Accursed Farms for the conversation, for his passion for the industry, and for his permission to put this talk together as an "extra" episode of Virtual Legality.

We look forward to many more in the future.

CHECK OUT THE VIDEO AT: https://youtu.be/yt2ar78R28o

***

FOR MORE ON PRESERVATION AND EULAS:

"Virtual Legality #43 - It Belongs in a Museum! DriveClub and the War for Gaming's Future"

(https://youtu.be/46eMpYuZn7I)

#GamesAsAService #Fraud #VirtualLegality

***

FOR MORE CHECK US OUT:

On Twitter @hoeglaw

At our website: https://hoeglaw.com/

On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers)

(https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3jaA)

Biweekly on "Inside the Huddle with Michael Spath" on WTKA 1050

As the gaming industry moves towards devoting more resources to "Games as a Service" and "live game" products, there are great discussions to be had around how to preserve these naturally temporary experiences.

When Youtuber Accursed Farms put out a video claiming that, by their very nature, service-based games were fraudulent as part of that discussion, we were contacted by a number of folks asking for a response.

And while we think it's always a good thing for folks to engage on topics like these, we thought that another perspective was in order.

So let's dive in.

***

What is "Games as a Service" and why does the negative definition proposed by Accursed Farms frame the argument unhelpfully?

What is fraud, and why does its intention requirement effectively preclude it from being asserted when rules, contract terms, and the law are ambiguous?

Why does the disclosure put forth on the back of the game box, and website, and network store, and EULA, matter, and how does it affect claims of deception?

Why does legal precedent not work in the way Accursed Farms suggests, and why is intellectual property law so murky to begin with?

Why do businesses not already use the contract terms at their disposal against their customers?

Why should we be reticent about using the law against things we don't like?

How does incendiary language limit the effectiveness of argument?

How can we best protect the products of the industry that we love?

And much, much more...

Get ready for the longest Virtual Legality yet.

FOR MORE ON PRESERVATION AND EULAS:

"Virtual Legality #43 - It Belongs in a Museum! DriveClub and the War for Gaming's Future"

(https://youtu.be/46eMpYuZn7I)

CHECK OUT THE VIDEO AT: https://youtu.be/yndkAmqjs0o

#GamesAsAService #GaaS #VirtualLegality

***

Discussed in this episode:

3:03 - ""Games as a service" is fraud."

Accursed Farms - April 25, 2019 - Ross Scott

(https://www.youtube.com/watch?v=tUAX0gnZ3Nw)

12:28 - "You own the software that you purchase, and any claims otherwise are urban myth or corporate propaganda"

LinusTechTips Post - July 30, 2018 - User Delicieuxz

(https://linustechtips.com/main/topic/953835-you-own-the-software-that-you-purchase-and-any-claims-otherwise-are-urban-myth-or-corporate-propaganda/)

30:23 - "EU Court: When You Buy Software You Own It"

Public Knowledge - July 3, 2012 - Kara Novak

(https://www.publicknowledge.org/news-blog/blogs/eu-court-when-you-buy-software-you-own-it)

32:20 - "Exclusive rights in copyrighted works"

Copyright Act - 17 U.S.C. 106

(https://www.law.cornell.edu/uscode/text/17/106)

35:51 - "No, you don’t own it: Court upholds EULAs, threatens digital resale"

Ars Technica - September 10, 2010 - Nate Anderson

(https://arstechnica.com/tech-policy/2010/09/the-end-of-used-major-ruling-upholds-tough-software-licenses/)

40:51 - "SUPREME COURT BOOSTS RIGHT TO RESELL COPYRIGHTED GOODS"

Wired - March 19, 2013 - David Kravets

(https://www.wired.com/2013/03/scotus-first-sale-decision/)

47:07 - Impression Products v Lexmark

Supreme Court Ruling -May 30, 2017

(https://www.supremecourt.gov/opinions/16pdf/15-1189_ebfj.pdf)

51:04 - Definition of "Fraud"

Black's Online Law Dictionary

(https://thelawdictionary.org/fraud/)

52:32 - Vudu Terms and Conditions

(https://www.vudu.com/content/termsofservice.html)

56:00 - "The Division" Box

(https://gamefaqs.gamespot.com/ps4/718814-tom-clancys-the-division/images/1323258)

57:39 - Ubisoft EULA

(https://legal.ubi.com/eula/en-US)

1:37:53 - "Unfair methods of competition unlawful; prevention by Commission"

Federal Trade Commission 15 U.S.C. 45

(https://www.law.cornell.edu/uscode/text/15/45)

***

FOR MORE CHECK US OUT:

On Twitter @hoeglaw

At our website: https://hoeglaw.com/

On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers)

Biweekly on "Inside the Huddle with Michael Spath" on WTKA 1050

null

(0:00) Opening

(3:03) "Games as a service" is fraud.

(12:28) You own the software that you purchase, and any claims otherwise are urban myth or corporate propaganda

(30:23) EU Court: When You Buy Software You Own It

(32:20) Exclusive rights in copyrighted works

(35:51) No, you don’t own it: Court upholds EULAs, threatens digital resale

(40:51) SUPREME COURT BOOSTS RIGHT TO RESELL COPYRIGHTED GOODS

(47:07) Impression Products v Lexmark

(51:04) Definition of "Fraud"

(52:32) Vudu Terms and Conditions

(56:00) "The Division" Box

(57:39) Ubisoft EULA

(1:37:53) Unfair methods of competition unlawful; prevention by Commission

***SPOILER WARNING: All Postmortem videos and podcasts contain SPOILERS***

The night is dark and full of, well, who can tell really, on Episode 3 of the final season of Game of Thrones: "The Long Night".

What works and doesn't work?

How does series regular director Miguel Sapochnik fare at delivering the epic imagery the fans of the series have come to expect, while constrained by darkness, night, and medieval lighting?

And how does the structure of the series itself work against what the showrunners were attempting to achieve?

CHECK OUT THE VIDEO AT: https://youtu.be/VMCv4KciPmY

#GameofThrones #Season8 #Postmortem

***

FOR MORE CHECK US OUT:

On Twitter @hoeglaw

At our website: https://hoeglaw.com/

On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers)

(https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3jaA)

Biweekly on "Inside the Huddle with Michael Spath" on WTKA 1050

***SPOILER WARNING: All Postmortem videos and podcasts contain SPOILERS***

We're in the endgame now, folks. And there's a lot to unpack...to put it mildly.

Join us for a postmortem analytical discussion of the biggest film that ever was. Whatever it takes.

Discussion begins at 2:13.

CHECK OUT THE VIDEO AT: https://youtu.be/EO01dA4rfbg

#Avengers #Endgame #Postmortem

***

FOR MORE CHECK US OUT:

On Twitter @hoeglaw

At our website: https://hoeglaw.com/

On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers)

(https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3jaA)

Biweekly on "Inside the Huddle with Michael Spath" on WTKA 1050

Bioware's Anthem has seen no small number of potholes on the road to commercial and critical success, but the announcement yesterday that the game would receive almost none of the updates previously publicized for release in April (by Bioware itself), may well have been the last straw for many.

What did Bioware say yesterday, and how will it impact development of the game going forward?

What role did Electronic Arts have in delivering a game that requires such foundational changes to its structure that even a 90-day forecast is not to be trusted?

Why did the 90-day roadmap exist in the first place, and how was it used to sell a wary public on the prospects of Anthem?

And why might use of the roadmap at this point be considered "deceptive", given what the Federal Trade Commission has previously said on the issue?

Strap into your Javelins, folks, it's another long one.

FOR MORE ON BIOWARE'S RECENT "ISSUES" WITH MESSAGING:

"Virtual Legality #18 - Metroid Prime 4 vs Anthem: A Tale of Two Messages (Hoeg Law)"

(https://youtu.be/n-tymXSjh0k)

"Virtual Legality #44 - Kotaku Adds Another Note to Bioware's Discordant Anthem (Hoeg Law)"

(https://youtu.be/_9Hx3_Scbew)

CHECK OUT THE VIDEO AT: https://youtu.be/mSPPN-3UUT0

#Anthem #Roadmap #VirtualLegality

***

Discussed in this episode:

2:00 - "'Anthem' Delays Its Entire Roadmap, Hasn't Fixed Loot And This All Feels Very, Very Bad"

Forbes - April 24, 2019 - Paul Tassi

(https://www.forbes.com/sites/paultassi/2019/04/24/anthem-delays-its-entire-roadmap-hasnt-fixed-loot-and-this-all-feels-very-very-bad/#44d1b5102f92)

5:47 - "Anthem's biggest upcoming features are all being delayed until god knows when"

PCGamer - April 23, 2019 - Steven Messner

(https://www.pcgamer.com/anthems-biggest-upcoming-features-are-all-being-delayed-until-god-knows-when/)

8:15 - "Update on Anthem from the Development Team"

Reddit Post - April 23, 2019

(https://www.reddit.com/r/AnthemTheGame/comments/bgkgl3/update_on_anthem_from_the_development_team/)

18:08 - Anthem Year 1 Roadmap

Electronic Arts Website (As of April 24, 2019)

(https://www.ea.com/games/anthem/acts)

21:45 - "Anthem – our Live Service begins"

Bioware Blog Post - February 22, 2019

(http://blog.bioware.com/2019/02/22/launch-anthem-our-live-service-begins/)

34:20 - "Advertising FAQ's: A Guide for Small Business"

Federal Trade Commission (as of April 24, 2019)

(https://www.ftc.gov/tips-advice/business-center/guidance/advertising-faqs-guide-small-business)

***

FOR MORE CHECK US OUT:

On Twitter @hoeglaw

At our website: https://hoeglaw.com/

On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers)

(https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3jaA)

Biweekly on "Inside the Huddle with Michael Spath" on WTKA 1050

null

(0:00) Opening

(2:00) 'Anthem' Delays Its Entire Roadmap, Hasn't Fixed Loot And This All Feels Very, Very Bad

(5:47) Anthem's biggest upcoming features are all being delayed until god knows when

(8:15) Update on Anthem from the Development Team

(18:08) Anthem Year 1 Roadmap

(21:45) Anthem – our Live Service begins

(34:20) Advertising FAQ's: A Guide for Small Business

***SPOILER WARNING: All Postmortem videos and podcasts contain SPOILERS***

The second verse is the same as the first in episode 2 of the final season of Game of Thrones: "A Knight of the Seven Kingdoms".

What works and doesn't work?

How did the nature of weekly television influence the creation of what is clearly a "Part 2" to the season's first episode?

Why did so many subplot characters get so much time in the spotlight?

And why does the end result feel like reverse engineering from what will surely be a high body count next week?

CHECK OUT THE VIDEO AT: https://youtu.be/ZRZnzyyMmlY

#GameofThrones #Season8 #Postmortem

PODCAST VERSIONS AVAILABLE AT

Spotify:

(https://open.spotify.com/show/3qsDhQ7h6BR2wLyNQYDWB4)

iTunes:

(https://itunes.apple.com/us/podcast/virtual-legality/id1448785539?mt=2)

SoundCloud:

(https://soundcloud.com/user-510342404)

Google Play Music:

(https://play.google.com/music/listen#/ps/In3d7qersx72lvzehxo7gu6cd5u)

***

FOR MORE CHECK US OUT:

On Twitter @hoeglaw

At our website: https://hoeglaw.com/

On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers)

(https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3jaA)

Biweekly on "Inside the Huddle with Michael Spath" on WTKA 1050