Rights, Profit, Drama

The recent Blizzard add-on mess has brought up – in my mind anyway, as well as some others – some age-old questions about player rights in games through exposing a pretty core dichotomy in how people look at online games.

On the one side, you have the people who take Blizzard’s side, and if anything, think they don’t go far enough. World of Warcraft is Blizzard’s game, they added the ability to script the client, they can just easily take it away, and you people whine so much about it now they probably should. On the other side, you have people who see this as a software rights issue – the addons I write for World of Warcraft are mine, Blizzard has no right to tell me what I can and can’t write, and if I make some cash from my work it’s none of their business. Which, not surprisingly, segues into the rights of players versus the responsibilities of game developers – not exactly a new discussion.

My views on the subject, also unsurprisingly, have been shaded by almost a decade on the other side of the development fence, and a few decades of cynicism about basic human nature before that. Succinctly put, the governance of online games and worlds exist in a triangle of rights, profit, and drama.

Here, I can illustrate this triangle quite easily by using a snippet from this recent article.

Virtual world technology is intentionally designed to make humans act as though the virtual world is, at least in some respects, real. Thus, as a normative matter, when corporations choose to use technology intended to entice humans into acting as though they were safe in their own homes, or privately communicating with friends, the law ought to respect those expectations as it does in real life. I therefore argue that U.S. persons in virtual worlds possess a reasonable expectation of privacy, such that a search of their virtual homes and property should be subject to the warrant requirement of the Fourth Amendment.

Your reaction to that paragraph depends on how you feel about rights vs. profit vs. drama.

 

Rights: Well, of course. He’s stating the obvious. Does your landlord in the real world, even though he owns your house and the land it’s on, have any right whatsoever to read your mail and pop in unexpectedly when you have a date? Why should virtual landlords have more rights than realspace landlords?

Profit: I can’t believe we’re even having this discussion. If I’m going to be threatened with lawsuits because of constitutional rights you have to my server, I’d have to be retarded to ever open my company up to such liability by making a server.  These are entertainment products, and we are being paid to create a safe and enjoyable environment for everyone. There is no such thing as virtual civil rights, only EULAs. And if you somehow get the courts to disagree, we’ll take our balls and go make console games.

Drama: I KNEW IT I KNEW IT I WAS RIGHT I KNEW IT the company needs to give me my account back now.

When it comes to MMOs, a dark and bitter part of me doesn’t believe any of you should have any rights, because, well, drama. The people who complain about “rights” almost always, without fail, do so because drama happened. They did something to run afoul of the game administrators – usually, 0ne of the many thousands of ways people have crafted to be a raging dickhead to one another online – and then they turn into cyber civil libertarians, decrying the omnipotence of the “game gods” (note: any time you use the phrase “game gods” without irony, I’m going to assume you’re Prokofy Neva) and demanding their fundamental civil right to be online in your game where they can continue to be a raging dickhead.

The best example of civil libertarianism trumping customer service is the case of Peter Ludlow, who when banned from the Sims Online, supposedly for advertising his website ingame, promptly used his status as a member in good standing of academia to appeal his banning to the New York Times. (He then moved on to writing a Second Life tabloid. I’m not kidding.) You’ll note that EA, who ran Sims Online at the time, didn’t have a lot to say in response. This may be because they felt embarassed over banning someone for maintaining a website that made them look bad (not that I’d know anything about that). Or it may be because there was an actual reason to ban him and they were constrained due to privacy issues from actually saying anything about it, even when it made the New Frickin York Times, thus having Ludlow’s account of his banning being the only one on the record.

That’s not to say that online gaming companies are immune from banning people for squirrelly reasons (and even for supposedly open-and-shut cases of administrative abuse, there’s usually another side of the story). But gaming companies in general are in business to make a profit. This drives an obvious factor and one that isn’t as obvious at first glance to outside observers. The obvious factor is that banning players hurts a company’s profits because, well, one less customer. However, the collorary, which is somewhat unique to online games, is that there are players who by their presence drive off more income than they themselves bring in. Thus, the Profit motive trumps Rights and Drama – ban early and often, the “oderint dum metuant” school of customer service.

It’s not all a dystopic wasteland of corporate oppression, though. Game developers have been discussing the ethical implications of what rights players should have for quite a while now. Raph Koster’s “Declaration of the Rights of the Avatar” makes a pretty clear and reasoned argument for enabling as many rights for players as possible while still allowing developers to maintain their own games. And since most developers are also MMO users themselves, they’ve had enough encounters with the ‘oderint dum metuant’ game mastering school to know that it can be toxic to the long term health of the game by itself.

Which is good, because there’s not a lot of willingness to compromise between the proponents of Rights, Profit and Drama. The Rights advocates are usually dismissive of the fears Profit has, while being sniggeringly dismissive or blithly unaware (depending on their actual experience with virtual worlds) of the corrosive effects of Drama. Profit fears Rights – and more importantly, the possible governmental/legal intervention based on it – while its day to day frontline struggle with Drama fills its veterans with a distaste for the everyman veterans of police departments would envy. And Drama? Drama only cares about Drama, girlfriend.

Yet all three of these need to be balanced – and in fact, I’d even argue that without Drama you don’t have the community development necessary for an MMO to grow. And if nothing else, it might be an interesting thought experiment to look at contentious issues (such as the Blizzard addon foo-frah) through prisms of the triangle other than ones you might be used to.

  • http://www.brokentoys.org/ Scott Jennings

    Prokofy;

    Do you believe people have a constitutional right to comment freely as they wish on your blog, without any moderation?

    If not, why do you assign yourself rights that you demand others do not?

  • http://www.brokentoys.org/ Scott Jennings

    .

  • greglas

    I get that Drama is probably a passionate user and Profit is probably a dev, but I’m not exactly sure who this Rights is? That seems to shift a bit in the OP.
    In any event, I think it’s worth stating that folks do have *some* rights. They might not be all the rights these cyber civil libertarians or Raph Koster would like to see, but they’re more than the rights that Profit would want, right?
    And Profit, truth be told, operates in the thing called the Market, and the Market is an institution as dependent on Rights as anything else is. So Profit actually wants Rights as much as anyone else — just different rights. At least that’s my impression.
    But anyway, I agree with you that to figure out the correct rules in this area, you need to take into account business realities and not be overcome with irrational passions… totally on board with that bit.

  • Bugz

    *where do you think the First Amendment will take place if it can’t take place in all the places where people are all their waking hours*

    Again, the First Amendment doesn’t guarantee that you will have freedom of speech in all places, at all times. It just doesn’t. All it guarantees is that Congress will make no laws infringing the freedom of speech, among other things. It isn’t a matter of misplaced devotion to games devs, or some other such nonsense, it’s a matter of not allowing nonsense to diseminated unchallenged. If you want to go out on a street corner and stand on a soap box, and preach at the top of your lungs on the topic of your choice, go for it. But regardless of whether you violated the Lindon TOS, the fact of the matter is that anyone with admin rights can boot you anytime they want, for any reason they want, and it still isn’t a First Amendment issue. You may not like it, and by all means, you can blow a legal-babble smoke screen regarding ‘public carriers’ or ‘public commons’, but it still won’t make it so.

    I presume that any time he wants, Lum can decide to block your IP, or mine, thus preventing either of us from making our views known here, but that isn’t a First Amendment issue either. That would just be Lum not wanting to put up with either of us, which from his point of view is probably to his advantage. It’s not a freedom of association thing either, because maybe he’d just rather not have to associate with either of us, so who are you to try to force the issue, either here or at Lindon? Have they no rights to want to have nothing the Hell to do with you? Sounds like that’s exactly what they are doing, like it or not.

    No shirt, no shoes, no (whatever it was you did to piss them off), no service. It may suck, but I don’t see how it’s a Constitutional issue.

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  • Andrew Crystall

    What really amuses me is the people throwing their toys out the pram because their favorite addon authors, many of whome are not even directly affected, have chosen to quit making addons.

    The further whining because WoWMatrix – which deeplinks directly to addon authors website downloads – can’t handle removed files and corrupts the addon is downright hillarious.

  • Bugz

    Prokofy Neva, “And wrongfully banned because I didn’t do anything wrong even under the Linden TOS.”

    Being unfamiliar with the Linden TOS, I decided to look it up, and found this:

    2.6 Linden Lab may suspend or terminate your account at any time, without refund or obligation to you.

    Linden Lab has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice or liability to you. In the event that Linden Lab suspends or terminates your Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees, any content or data associated with your Account, or for anything else.

    You agreed to this, I presume. What is your complaint, then, and how is this possibly a 1st Amendment issue?

    You may well have been screwed on this, I don’t know. My guess is you are just shit out of luck. Either way, the 1st Amendment has nothing to do it at all, and insisting that it does won’t win you much sympathy.

  • robusticus

    I think for this whole deal it is just their pride is hurt by the fact that among their 11 million community others could do it beter.

    And they are being incredibly shortshighted at peril of the game industry at large, but that’s a separate thread. It is in their shareholders’ best interest to support the mod community, end of story.

  • Mancilicious

    Iconic :
    @isildur
    I think that in the long run people are going to find out that you actually DO have rights in MMOs.

    Yeah, I have the right to your loot. Uhhhhnnnn – see that shadow? Uh Huh Uh Huh Uh Huh thats me dancing over your corpse! See you at the Iron Wood inn noobler! Yeah! =D

  • Mancilicious

    robusticus :
    It is in their shareholders’ best interest to support the mod community, end of story.

    Only when it makes them money each quarter.

    It’s debatable whether the mod community does that or not. It could be argued, that supporting the mod community actually costs them more money in support costs than they would ever earn from it.

    Personally, mods made me play Wow far longer than I normally would have. But its hard to equate my 2 months of extra retention against the cost of 6 support calls (assuming $5 dollars per call) for those same tools.

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  • http://rog.gameslate.com/ Rog

    In the representation of this triangle, it seems as though Drama is illustrated merely as a more extreme version of Rights.

    I’d say there’s also the extreme version of Profit, where it’s deemed that maximizing profit is the utmost value of all. In fact, I’d argue that Profit tends to be more totalitarian by default, because it’s more direct and focused, it’s only complexities seem to be when it butts up against Rights.

    Now, you could say I’m skewed, that I’m clearly in the Rights category, but in all honesty I’d like more balance. The presentation of this triangle is such that the balance leans more toward Rights because Rights really has two points on the triangle together with Drama. I’d posit that the weight, culturally speaking (Western / Our culture) is far heavier on Profit, because even those on the side of Rights respect Profit to such a large degree.

    Whatever happened to game developers with passion for games, fun and social experiments? Rather than a means to and ends at a dollar? I do like the reference to Raph Koster’s attempt at balance.

    Profit’s biggest problem is the lack of respect for the longterm and bigger industry-wide picture. Cashing in constantly is detrimental to almost everything.

  • Eolirin

    I dunno, I think that while somewhat illustrative, the privacy stuff is probably not the best example, since the things being called for would be relatively easy to implement without any undue burden on the profits end of things; phone companies are not hurt by their inability to collect detailed data on the conversations that go over their phone lines, but there are still avenues to selectively monitor people that may be abusing said systems. Basically, what’s being called for is for Virtual Worlds to be held to the same standards that other comparative industries (like cell providers) already are; so tells and chatlogs are off limits without cause, and the government can’t decide it wants get at that information without reaching the same standard of probable cause that is demanded in other areas.

    Basically, getting data on electronic communications should have the same restrictions as getting a wiretap, and it currently isn’t. The only way the people running MMOGs can get in trouble is if they’re abusive in the way that they collect and use information streaming over their services, and it’s really not hard to make the changes to the service to avoid that; purge chat logs after a given (short) interval, make it illegal to access them without consent or for clearly defined service related issues, and then only to the extent that is necessary and everything’ll be fine.

    The more important thing is to protect this data from government and law enforcement in the same way that other priveledged communications are; otherwise you bypass all privacy protections as more people start using the net related services for communication instead of the telephone.

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  • http://secondthoughts.typepad.com Prokofy Neva

    @robusticus
    This is silly fanboy stuff. We live in a changing world where massive rebellions against the unconscionable Facebook TOS take place. There is no need to stay frozen in time imagining that massive common carriers like social media or virtual worlds are somehow immune from First Amendment protections. More and more this will get challenged as it has in the Mall of America and other court cases. Imagining that this is somehow legitimate to boot a paying customer for “any reason or no reason” is to endorse the oppression that may come for you some day.

    IN fact, I didn’t do anything wrong. Lindens at the time said I didn’t violate the TOS. What happened is their NDA players rebelled and jammed their little fanboyz fingers on the AR button so many times that the Lindens felt they “had to act” because “thecommmuuuuunity” wanted it. They said they did this “for business reasons” and they’re right. I criticized the very top selling feted inner core residents who brought them the most publicity, press, and income and with whom in some cases they had pet projects, private deals, NDAs. So, they were right, by their lights, to act against their own TOS for “business reasons”.

    Interestingly, I am now allowed back on the Linden blogs and new threaded comments. They overhauled the web page and dropped the old bans deliberately. I don’t change anything about how I post. I may not last long, who knows. It’s funny to think about how the mighty have fallen, some of the people the Lindens so fiercely protected from my legitimate criticism over the favouritism shown to them are long out of SL or not visible anymore or has-beens. One of the is a founder of OpenSim, the SL competitor.

  • http://secondthoughts.typepad.com Prokofy Neva

    Re: Scott Jennings. Nobody has a constitutional right to post on another’s blog. I myself have a simple rule for posting on my blog which isn’t about whether you want to “hate on me” or not. You may, but only if you post with your RL or SL name. You also can’t incite damages to me in SL or RL, i.e. call for me to be subject to a libel lawsuit or call for people to crash my SL sims or harass me by calling me at home and stalking me.

    But massive social media services like Twitter? Second Life? etc.? They serve as a public commons, as a common carrier, and it is really of grave concern that these public commons where more and more people spend their time because they’re not in RL public commons have more restrictions than their town halls would have.

  • http://antipwn.wordpress.com IainC

    Prokofy, you need to take into consideration what it is that the First Amendment does, and not what you think it does.

    You do not have a constitutional right to free speech. Your government (local and federal) is simply prohibited from making laws that would make your speech less free. Anyone who isn’t your government can set what rules they like in their own demesne.

    ‘Common carriers’ are not the US government and no amount of handwaving or bloviating will make the First Amendment apply to them.

  • Bugz

    IainC, this is the danger presented by people who believe in a Living Constitution, who believe that the Constitution says they want it to say, instead of what it actually says, what the founders intended it to say when it was written. If the Constution doesn’t meet the needs of the 21st Century, the founders provided an effective remedy. Get an Amendment approved.

    Amendments are hard, so how much easier is it to get judges to invent ‘rights’ out of thin air, and make rulings according the their consciences instead of according to the law?

    When you start going down that road, and we are well down that road already, you may as well not have a Constitution at all.

  • Viz

    @Rog
    Uh? If you say so, but “Profits” is the only faction with a vested interest in the long-term.