by Limor Schafman
You may think, upon reading this title, “What on earth does
the law have to do with virtual worlds, MMOGs and video games?” The answer will astonish you. I am not even referring to Intellectual
Property law, contracts, software licenses or the like. I am talking about how Federal regulators,
like the Federal Communications Commission (FCC), Federal Trade Commission
(FTC), Department of Commerce, and Congress reach in to virtual worlds and have
direct impact on the design, play, interactivity, and relationship with the
consumer.
This past week, I asked James Dunstan, Partner of Garvey
Schubert and Barer to come on my DigIn! Radio show to discuss what game
designers, developers and publishers need to watch out for and how to prepare
to meet Federal requirements. Jim spoke
at our Games Gateway serious games meetup in DC two weeks ago and I knew this knowledge
needed to be shared with a broader audience.
(I will use the term “virtual worlds” in this post as a short hand for
the different categories of online game play we are discussing here.)
The first thing to know about virtual worlds is that, in
fact, they are worlds unto themselves.
Some visitors/consumers/gamers think that they can do whatever they want
in this alternative universe. That no
laws apply to them. However, just as one
enters a private real alternative world like Disneyland, there are rules that
govern that space. And the rules are developed
by the owners of that virtual world, the game developers and publishers. In virtual worlds, End User License
Agreements, (EULAs), Terms of Service and Codes of Conduct are the constitution
and laws by which players/consumers need to abide.
This means that these laws have to be clear, thorough, and
read by the players. This ensures that
players know what they can and cannot do, and the companies involved in the
game development (including third party developers and technology contributors)
and publication are protected.
Let’s take a look at a few of these documents.
End User License Agreements are those annoying multipage
scrolls of text that stand between the player and the game play and which, as a
result, players usually do not bother to read, quickly check the “Read and
Agreed” box and move on to entering that world.
These agreements are key documents that define the world and protect the
creators of it. Their main objective is
to limit vendor liability and push behavioral obligations to the players. They include the “Thou Shall Not Unless You Want
to be Excised from This World” lists.
For example, Gold Farming, the collection of in-game valuables or building
up of avatar characters for RMTs (real money transactions) is not permitted in some
worlds. (Note: Some worlds do permit
this. This is up to you, the game
designer.) If a player does this
contrary to the EULA, the player’s account can be closed, all value and
characters lost, and etc.
EULAs need to be internally consistent. There can be no arbitrariness in their
construction or in their enforcement. As
a game designer, you do not want to paste together a number of paragraphs you
have grabbed from different sites. There
needs to be real meaning behind what you are writing and relevance to the world
you are creating. Also, enforcement must
be consistent or this can be used against you in court.
Terms of Service Agreements inform players of what they can
expect from their experience and what you will do to protect them. Again, these agreements are meant protect
both parties – the developers and the players - in this world.
EULA’s, Terms of Service and Codes of Conduct agreements are
the internal rules of expectations, behavior and conduct as defined by the game
developer and publisher. Now we turn to some
examples of how external Federal regulators impact games.
Congress passed the Children’s Online Privacy Protection Act
(COPPA) in 1998 and handed implementation and enforcement authority to the
Federal Trade Commission. COPPA prevents
the collection of Personally Identifiable Information (PII) from children under
the age of 13 without prior consent of a parent or legal guardian. What this
means changes over time, so developers always have to stay apprised of the
latest interpretations that will affect their user interface and back end
design. Age verification is up to the
good faith judgment of the designer, but you can’t adopt practices that
encourage children under 13 to lie about their age. For example, just having a check box saying
that a person is not 13 or younger is insufficient. The FTC also considers it a violation of
COPPA to allow a subscriber to use the “back” button to change their age when
it becomes apparent that having admitted to being under 13 now restricts access
to all or part of a website or virtual world.
The FTC is serious about enforcing COPPA, and just this week Sony Music
was sued this week for failing to get parental consent on hundreds of its websites before
acquiring PII from the children. As a
result Sony will pay a $1M fine (or $33 per registered user). An expensive oversight.
What could have been done to avoid this cost? There are several organizations like the
Entertainment Software Rating Board (ESRB) that will review a website to
certify that it is COPPA Compliant. The
service costs $20,000 on average. A hell
of a lot cheaper than a cool million.
CALEA, the Communications Assistance for Law Enforcement
Act, passed in 1994 and enforced by the FCC, avails wiretapping privileges of
telecommunications carriers to Federal law enforcement agencies. It applies to online game play that uses live
chat, or in any way uses a system,third party or developed specifically for
the game, which interconnects with a Public Switched Telephone Network
(PSTN). This means that if the
telecommunications system deployed behind the scenes in a game in any way can
be used for other than computer to computer Internet connectivity, whether for
that game or because the provider offers that service in general (i.e., VOIP
and cell calls), then the game is subject to CALEA and developers must plan
accordingly.
Though this has never been called to bear as far as we know,
as a developer and publisher you need to make sure your hardware is CALEA
compliant (most of today’s routers are) and your software doesn’t impede
wiretaps; designate a 24/7 contact person in your company to interface with law
enforcement agencies; file a continually updated System Security Integrity Plan
(SSIP) with the FCC and Department of Homeland Security; and read carefully
your agreement with the VOIP provider to pass on as many obligations and
related costs (like the compliance and 24/7 contact person) to them. One point Jim stressed is to be sure that you
don’t become a VOIP service provided.
One virtual world he was working with wanted to enable calls to be made
from that world to friends over a landline.
This immediately subjects a company to further Federal requirements like
E911 and costs such as the Universal Service Fund which demands ~10% of gross
revenues as payment to the government. A
steep price to pay for “cool” interactivity.
How much does all this preparation for working within
Federal regulations cost? Approximately
$100,000 or 5% of the game development budget.
This includes the legal work, filings, training of security IT staff, and
related customer service. It may seem
like a lot, but compared to some of the numbers discussed above, it sounds reasonable.
We didn’t even touch on European Union regulations,
encryption, or privacy related requirements, so I know we will be having Jim
back.
To hear Jim in his own words, please visit the show site for streams and downloads at DigIn! Radio or download the show off iTunes. And you can find him at Garvey Schubert Barer.
CES 2012: Augmented Reality Steps into Toys
by Limor Schafman
Toys and games for kids have become that much more exciting now that interactivity and augmented reality are joining the fore of how children can play and learn.
There were three examples at CES that are worth noting. First, during the Microsoft keynote by Steve Ballmer, the Kinect was showcased through a partnership with Sesame Workshop in creating Kinect Sesame Street TV. Microsoft is taking current TV programming and turning them into interactive experiences - partially streaming video; partially interactive video game - all with the intention of keeping children engaged while learning. (Note: thank you to GameSpot for this video). In the video you will see the learning component, coupled with the interactive participation of voice and gesture enabled through the Kinect with Sesame Street characters reacting to viewer actions and responding immediately depending on what the viewer - shall we call them now players/actors/active learners do.
Continue reading "CES 2012: Augmented Reality Steps into Toys" »
January 19, 2012 in 3D, Augmented Reality, Digital Media, Games, Graphics, High Tech, Interactive Design, Internet, Marketing, Playing Games, Tech Commentary | Permalink | Comments (0) | TrackBack (0)
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