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Gaming regulation, EULA's, censorship

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by

Dr Teodor Mitew

on 4 November 2014

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Transcript of Gaming regulation, EULA's, censorship

Censorship and Regulation censorship DRM Digital Rights Management EULA content producer
& owner user fan fiction The basic principle in copyright law is that, unless the content is deemed to be jointly authored (that is the contributions cannot be separated out), each author owns the copyright in the original work that they produce as part of the collaborative exercise.

The existing law suggests that, in a fan-based/user-led production scenario, the developer will own the platform, tools and initial content that are employed by users to generate new content. Those users will in turn own the new content that they create, to the extent that it is original.

Where the work is not wholly original — for example, where users create content that reproduces content supplied by the developer — the user will own copyright in the new portions of the whole work, but the original author (or authors) will retain copyright in the pre-existing portions.

Humphreys A network game is only as compelling as the community playing it.
While that 0.1% of UCC (user created content) will be interesting, no one has a solution to finding it and highlighting it to people, short of ‘some percentage of our users will sift through the crap for the greater good’.

This mythical serf needs a name.

I hereby coin the acronym Servant of User Created Content Excellence Rating, or SUCCER. :-)

digital enclosure machinima PROPERTY
DYNAMICS VS audience before gaming content producer content owner audience user user-generated
content binding legal contract
in which you agree to all stipulations to gain access expanding control way beyond standard copyright shrink-wrap issue: ownership of 'virtual property' bottom line:
the user buys permission to play* the game, does not own the copy http://www.rockstargames.com/eula USER CREATED CONTENT: The Software may allow you to create content, including but not limited to a gameplay map, a scenario, screenshot of a car design or a video of your game play. In exchange for use of the Software, and to the extent that your contributions through use of the Software give rise to any copyright interest, you hereby grant Licensor an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Software and related goods and services, including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Licensor’s and other players’ use and enjoyment of such assets in connection with the Software and related goods and services under applicable law. This license grant to Licensor, and the above waiver of any applicable moral rights, survives any termination of this License. Rockstar Games EULA End User Licence Agreement By placing an order via this Web site on the first day of the fourth month of the year 2010 Anno Domini, you agree to grant Us a non transferable option to claim, for now and for ever more, your immortal soul. Should We wish to exercise this option, you agree to surrender your immortal soul, and any claim you may have on it, within 5 (five) working days of receiving written notification from gamesation.co.uk or one of its duly authorised minions. We reserve the right to serve such notice in 6 (six) foot high letters of fire, however we can accept no liability for any loss or damage caused by such an act.

If you a) do not believe you have an immortal soul, b) have already given it to another party, or c) do not wish to grant Us such a license, please click the link below to nullify this sub-clause and proceed with your transaction. Game Station EULA http://www.geek.com/articles/games/gamestation-eula-collects-7500-souls-from-unsuspecting-customers-20100416 http://us.blizzard.com/en-us/company/legal/wow_tou.html Ownership.
All rights and title in and to the Service (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, “applets,” transcripts of the chat rooms, character profile information, recordings of games) are owned by Blizzard or its licensors. The Game and the Service are protected by United States and international laws, and may contain certain licensed materials in which Blizzard’s licensors may enforce their rights in the event of any violation of this Agreement.

No Ownership Rights in Account.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON A BLIZZARD SYSTEM, INCLUDING WITHOUT LIMITATION ANY BNET ACCOUNT OR WORLD OF WARCRAFT ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF BLIZZARD. Blizzard WoW EULA what is http://nwn.bioware.com/forums/viewtopic.html?forum=58&topic=46097 3. End-User Variations. So long as you fully comply, at all times, with this License, Infogrames grants to you a limited, personal, revocable, non-exclusive right to: (i) use the Software's toolset feature to create your own NEVERWINTER NIGHTS modules ("Modules"), and (ii) create your own modifications to work with the Software (e.g., custom data files not created using the toolset) (the "User Conversions", and together with the Modules, the "Variations"). 4. Distribution and Serving of Modules and User Conversions. So long as you fully comply at all times with this License, Infogrames grants to you the limited, personal, revocable, non-exclusive right to: (i) distribute your Modules or User Conversions by means of providing a copy of the actual Module or User Conversion code to other users (e.g., via ftp, email, disc copies, etc.) (collectively "Distribute"); and (ii) to allow other users to play your Modules by means of hosting your own NEVERWINTER NIGHTS server whereby you retain sole possession of your Module (collectively "Serve") (Serving User Conversions is not possible). Bioware NWN EULA Sega M2TW EULA (a) without written permission from Sega, exploit the Game Software or any of its parts commercially, including but not limited to use at a cyber (Internet) café, computer gaming center or any other location-based site;

(e) sell, rent, lease, license, distribute or otherwise transfer this Game Software or any copies without the express prior written consent of Sega;

(f) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game Software, in whole or in part (except as the applicable law expressly permits, in which case all and any modifications, adaptations, improvements, etc. shall belong to, vest in and be the exclusive property of Sega and/or its licensors on creation, in any event);

You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game Software and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, animation, sounds, musical compositions, audio-visual effects, text, methods of operation, moral rights, "applets" incorporated into the Game Software, and any related documentation) are owned by Sega or its licensors. Creative Commons
licences Copyright DMCA artificial scarcity PC game shell simulated in a UTM Universal Turing Machine tension Digital Millenium Copyright Act control over access scarcity = value Current US copyright law there is no scarcity inherent in digital data and no cost to copying involves publishers flexible licensing some rights reserved Attribution Attribution Share Alike Attribution No Derivatives Attribution Non-Commercial Attribution Non-Commercial Share Alike Attribution Non-Commercial No Derivatives No Rights Reserved Fair use aplies only for limited purposes

Defined by:
purpose and character of the use
the nature of work being used
the amount of work used
the effect of the use on the value of the original Fair use it is not a right, but a defense against litigation in other words, if you satirize someone's content
you can be sued for adversely affecting its value in other words, this is a way to censor undesirable content restrictions of use licencing, encryption, spyware, authentication enforcing copy prohibition makes circumventing DRM a criminal offence Monopoly for 70 years after author's death
Corporate authorship: 120 years after creation or
95 years after publication why censorship? control over all primary and derivative content in other words, imagine if Microsoft controlled what you can write in Word, and claimed ownership over it EULA SAMPLES: *Under strictly defined conditions reminder modding RED vs BLUE a quick reminder of the state of play copying every digital operation 'goodwill concept' maintenance of main goal: how, where, when you engage with content beyond copyright invasive DRM software: SecuROM rootkits TAGES SafeDisc StarForce goal is goal is though shall not think unauthorized thoughts licence anyway? Humphreys Herman , Coombe, Lewis remember the 'goodwill' concept? remember Kim Pallister, Microsoft Casual Games ? UCC should gaming companies encourage reminder forms of intellectual property and digital content likely to be generated as your game is developed 1 policies or cultural practices that will challenge the policing of your group’s intellectual property? 2 blog post + gaming project 3 decisions, decisions open for modding or closed?

if open, how much? plans to engage wiht the alt content produced by modders?

who will own the rights?
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