Tuesday, April 14, 2009

Board "Memo": Quality of Life Update - April '09

Dear Members,

The Board of the IGDA firmly supports the Quality of Life initiatives and "best practices" outlined in the IGDA's 2004 report on the topic. The White Paper can be downloaded for free at http://www.igda.org/qol/whitepaper.php.

More specifically, and so there can be no doubt:

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We believe, and it has been well documented, that extensive overtime is not only ineffective from the point of view of productivity, but moreover is destructive of employee morale. Our Quality of Life Committee has collected significant research (http://www.igda.org/qol/resources.php#improve) to support this conclusion.
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We believe that companies have an obligation to inform prospective employees of their overtime policies prior to their employment.
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We believe it is unethical for studios to routinely rely on extended, uncompensated overtime in order to get their products out the door.

The Board is happy to announce that our Quality of Life Committee is transforming itself into a Special Interest Group, which we believe will revitalize the IGDA's efforts to educate the industry on the challenges surrounding this issue. The SIG is in the process of assembling two new surveys, one for Studios and one for Developers. Those interested in participating in the SIG should write to qol@igda.org.

The Board will be posting updates on this initiative and other new actions by and for IGDA members on its new blog at igdaboard.wordpress.com.

Sincere regards,

Bob Bates
IGDA Chair
bob -at- igda.org

Saturday, April 4, 2009

Blizzard WoW's Warren Vs. Glider Case

In the case of Blizzard Entertainment, Inc and Vivendi Games, Inc. Vs. MDY Industries, LLC, Blizzard as the owner of an MMORPG's online game, World of Warcraft [published on November 2004], Blizzard claimed that MDY has infringed its copyright of WoW by developing a software, called "Glider", which enabled WoW's player to play WoW automatically.

Glider is a computer program known as "Bot". Glider enabled WoW' player's character to continue play in WoW even when the player is away from his/her computer. It purported for the player to advance faster in WoW and to acquire items or game assets more easily ["Farming"]. MDY started selling Glider to WoW's player on June 2005 and has sold more than 100.000 copies.

Blizzard claimed that MDY has infringed its copyright as ruled by U.S. DMCA [Digital Millenium Copyright Act]. The ninth court agreed that MDY has violated Blizzard's copyrights but not based on the DMCA, but on violating the Terms of Service [ToS] or EULA [End User License Agreement, which all WoW's players have to adhere to in order to be able to play WoW.

By that decision, the court has given a recognition that, among other points, Farming by using Bot is not a cool thing to do. It has raised an attention from the public to the fact that the court's decision has widen the scope of what would be considered as copyright violation, which included ToS or EULA.

The question would be why software owner would be aiming for copyright protection for its EULA or ToS. It's because copyright protection would bring bigger penalties and remedies, compare if EULA or ToS is not considered to be protected by copyright, where a violation of EULA or ToS would only be considered as a mere breach of contract.

As a General Counsel for an online game company myself, Farming is definitely an action which can be assumed to happen and it can disturb a game's economy equilibrium, not to mention it's really annoying to see a player could end up on the first rank of a game's highest level list when that player can achieve it by using Bot and other players only rely on their sweat and brow by staying hours and hours at a cyber cafe or playing the game at home on an endless hours and skip dinner and breakfast and still can't catch up with that player's speed with a Bot.

So yes, I do agree that Bot or alike that temper with a game play should be identified and legal action should be taken towards the Bot user and Bot developer. This can be achieved by relying on the ToS or EULA. That's why it is very important for a software owner/publisher to smartly draft their ToS or EULA, to acknowledge this issue and to encounter in the ToS or EULA.

Nonetheless, this big uproar about opposing WoW's intention for ToS or EULA as to be protected by copyright, I'm in an opinion that it should be cleared first on what would be the perspective of ToS or EULA is protected by copyright. ToS or EULA in a game is an agreement or contract which binds both parties of publisher and player. Hence, a player will be given a license to play a game by firstly agreeing and binding herself/himself to the ToS or EULA. Any violation towards ToS or EULA will be considered as a breach and a publisher has a right to sanction a player according to the in-game policy as stated in ToS or EULA. It could be ban or kick out from the game. But, it doesn't necessarily make ToS or EULA as protected by copyright. What copyrighted is the game software itself! Any attempt to temper with the software will be a violation to DMCA, as stated in below clause:

(2) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that -

(A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title;

MYD, by manufacturing and offer to the public, its product Glider, which tempered Blizzard's game software of WoW, could be easily said had infringed the DMCA. Whether it is stated or not in the ToS or EULA, as copyright appear the moment a work is created in a certain medium, such as in written or a drawing.

I might be wrong. But it's merely my own opinion and I just hope my writing can shed a light on this matter. What is your own opinion?

Jakarta, 040409

Sarah M. Abdullah

Tuesday, March 3, 2009

IGDA Chapter Meeting Report

The meeting was held at the of the 1st day of ITB Gaming and Animation Event.

Day/date:Tuesday/2 December 2008
Time: 05.00 pm- 19.00pm
Location: Rumah Pasta (across ITB Campus)

Participants:
1. Marlin Sugama (Jakarta Chapter Coordinator)
2. Andi Martin (Main Games Studio)
3. Bullitt Sesariza (Abox Studio)
4. Satya Hodi (Menara Games)
5. Cahya Daulay (Matahari Studios)
6. Ramadona Sasmita (Matahari Studios)
7. Arief Widhiyasa (Agate Studio)
8. Ray (Agate Studio)
9. Wiwid (Agate Studio)
10.Beatrice Nauli (Agate Studio)
11.Wandah Widianto (3Bro Studio)
12.Andrew (Agate Studio)
13.Dewe (Agate Studio)
14.Depe (Agate Studio)

Meeting Notes:
1. Benefit for the member
Game Developer communities such as gamedev-id forum and in-game art forum were asking about what kind of benefit would they have if they join IGDA?
Bullitt who is an active member of several non-profit organizations such as SIGGRAPH and AINAKI explained: "IGDA is a non-profit organization, and we haven't charge anything for members, so we are currently focusing on members who can contribute and have the same vision as IGDA". The benefit for those members would not come directly, but it will come eventually through networking. Then on the long run, once IGDA has it own permanent programs, it will eventually able to give benefit to the members"

2. IGDA 2009 Activities
IGDA will have following activities in 2009
- 2008 Game Developer Catalog (sponsored by DEPKOMINFO)
http://picasaweb.google.com/amaleo/IndonesiaVideoGameCatalog?feat=embedwebsite
- Hosting 3 game developer related category in INAICTA 2009
(Digital Animation, Computer Generated Imagery and Digital Interactive Media/VideoGames)
http://inaicta.web.id/competition-and-events/kategori-perlombaan/
- Anjungan Produk Unggulan (Iconic Product Pavilion) in Indonesia Trade Expo 2009
- Indonesia Game Show (video game developer, boardgames exhibition)


3. Bandung Chapter and Jakarta Chapter

Since IGDA is not allowed to have a chapter based on country, Indonesia is going to propose another city chapter: Bandung Chapter with Christian Senjaya (founder of Menara Games as the coordinator), aside form existing Jakarta Chapter

4. Crucial Matters
- The biggest challenge Indonesia game developers facing is the brain drain, we haven't have any formal educational institution with credible curriculum that have "ready" human resources to support the studios. Yet on the other hand, our existing talents are migrating to other country (mainly Singapore) to achieve more revenue.
Further more, talents returned form abroad will demand higher payments which local studio could not afford with insufficient skill.
To solve solve this "brain drain" problem, IGDA will actively approach educational institution with more feasible curriculum or workshops and actively search talents from game related national competition"

- Indonesia might not be ready for full game development, but currently has many outsourcing projects, especially in art asset development. IGDA chapters, will help promote the country positioned itself as an art asset outsourcing country.

End of Meeting Notes

Meeting Notes by: Marlin Sugama

Pictures from the meeting

Thursday, February 26, 2009

A Letter from Jen MacLean

Dear Members and friends,

The end of my term as the Chair of the IGDA Board is approaching, and as I reflect on the past year, I can't help but be excited about what we've accomplished and what we're going to do in the future.

You'll see us carry over into 2009 (and beyond) many of our most important initiatives, like advocacy for game developers on important issues like credits and quality of life, launching a new web portal with enhanced chapter/SIG support and better tools to help connect developers everywhere, and continuing to increase the benefits of membership in the IGDA through additional services, discounts, and partnerships.

Fundamentally, these projects are building blocks for our larger strategic goals: establish the IGDA as the credible, essential, #1 organization for game developers worldwide. Our mission is to improve the lives of game developers everywhere, and we want to be a force to be reckoned with, not only within our industry but on a larger, global stage. These are lofty goals, and they can't be accomplished without the involvement of our membership.

Your participation, whether it's as simple as posting to a forum or SIG mailing list, or as deep as leading a chapter or IGDA committee, is crucial to the success of our mission. I personally will remain deeply involved with the IGDA as I transition to the role of Chair Emeritus and continue to serve on the Board, and I'm looking forward to contributing to our advocacy and international efforts.

I encourage you to find your passion within the IGDA, and to volunteer with whatever time you can. If your experience is anything like mine, you'll meet wonderful people and have the chance to contribute to the success of a group whose most important success is to make a unique, tangible difference in the lives of game developers everywhere.

- Jen MacLean
Chairperson, IGDA
SVP, Business Development, 38 Studios