Legal

One of our readers was kind enough to point us to two sites that, once again, were stealing our posts without crediting our authors or anything like that. (I don't mean "this post looks suspiciously similar"; I mean abusing copy and paste.) Unfortunately, while we're aware of these things, there's not a whole lot we can do other than request that the sites get taken down. Sometimes it works, and sometimes it doesn't, but it's all we can do. I guess it's nice to be good enough that your work is worth stealing without credit? That's something.

This week's installment of Ask Massively isn't going to focus on that, however. Instead, we're going to focus on the recent spate of MMO litigation and the potential for a boxed RIFT expansion. If you have a question you'd like to see answered in a future installment of Ask Massively, mail it along to ask@massively.com or leave a comment in the field below. Questions may be edited slightly for clarity and/or brevity.

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Is stealing a virtual good deserving of a real-world criminal sentence? According to a recent ruling by the Dutch Supreme Court, the answer is "yes."

The court recently upheld a ruling of a criminal case in which teens attacked another youth and forced him at knifepoint to relinquish his possessions in RuneScape, including an in-game amulet and knife.

The incident happened in 2007, and a lower court convicted the two thieves in 2009. One of the defendants then appealed to the country's supreme court on the grounds that the stolen goods "were neither tangible nor material and, unlike for example electricity, had no economic value."

However, the judges declared that these virtual items had value because they represented "time and energy invested" to acquire. The thieves were sentenced to 144 hours of community service.

It looks like being a young gamer in South Korea is getting tougher and tougher. Last year the country put into effect a "Cinderella Law" that prohibited online gamers 18 and younger from logging in to popular games between the hours of midnight and 6:00 a.m.. Now the government is taking a close look at an additional law limiting the amount of time played each day for minors.

The proposed policy comes from the Ministry of Education, Science and Technology (MEST) and would yank account privileges for minors if they played either more than two hours in a row or more than three hours daily. The MEST is concerned about game addiction in minors, citing that it may come from the duration of play sessions.

The game industry is concerned about possible over-regulation by the government spurred by theories on addiction that haven't been proven. Some are calling for earlier shutdown policies to be overturned if this one is implemented.

En Masse Entertainment has commented on a pending lawsuit by NCsoft that seeks to prevent the North American launch of TERA. As you would expect, there is virtually no detail on the proceedings, but En Masse publishing vice president Chris Lee does come out swinging, saying that the firm "outright rejects" NCsoft's position and will fight it to the last.

NCsoft has alleged that former employees stole Lineage 3 code and art assets that were used to make TERA, and the firm has already scored a legal victory in Korea that resulted in jail time for some of the ex-staffers.

How all of this affects TERA's U.S. release is unclear, though Lee says it's business as usual for En Masse and its fans. "This situation has no impact on our continuing efforts to realize the vision we have for our game. We are committed to making TERA awesome and delivering the game to you on time on May 1st," he writes.

It's been a long road to completion for En Masse Entertainment and its upcoming TERA MMO. If NCsoft has its way in court, it might be even longer. MMO Culture reports that NCsoft filed a lawsuit earlier this month stating that a group of its employees quit the company and went on to found Bluehole Studio (TERA's original Korean developer). In doing so, the former employees allegedly stole "copious amounts of confidential and proprietary NCsoft information, computer software, hardware, and artwork relating to Lineage 3" and used it to produce TERA.

The employees were convicted of stealing trade secrets by a Korean court in 2009, and the convictions were "mostly upheld by an appellate court." NCsoft filed a Korean civil complaint against Bluehole in 2010 and won damages and an injunction, both of which were subsequently overturned by an appellate court.

Despite the fact that both criminal and civil litigation is still pending, Bluehole launched the Korean version of TERA in early 2011. En Masse (Bluehole's American subsidiary) is scheduled to launch the U.S. version in May of 2012.

Jagex Games Studio is trumpeting its legal victory against Mark and Eric Snellman. The brothers formed a company called Impulse Software, which now owes Jagex unspecified damages following a two-year legal battle concerning macro and botting tools for the company's RuneScape MMO.

The brothers have been muzzled as a result of an injunction, and they are forbidden from discussing Jagex, RuneScape, or the lawsuit. Additionally, the pair must relinquish "all websites, domains, source code and customer details to Jagex along with all the details of all those individuals who have developed scripts for iBOT and sold or re-sold those scripts," according to a company press release.

Jagex CEO Mark Gerhard vowed to protect RuneScape users from similar threats in the future. "We have spared no expense fighting this case, as demonstrated by the seven figure bill this action has cost, but the point of this and other cases of its kind is that we will continue bring to justice those who set out to harm the game or our beloved community. We are delighted to say that we have convincingly neutered them after a very long battle," he said.

Jagex also says that its "Bot Nuke" operation, which began in October and includes a suite of code obfuscation tools, has rendered 98% of RuneScape bots obsolete.

[Source: Jagex press release]

Blizzard Entertainment made waves last year when it announced that Diablo III would be supporting real-money trading (RMT) through its in-game auction house system. While it proved to be a divisive topic among fans, apparently it was too much with the South Korean rating board, which sees such activities as potentially violating the country's anti-gambling rules.

The board was quoted as saying that "the feature involving for-cash trades between users was not included in the presentation to the rating committee, and therefore it was not subjected to any scrutiny."

To appease the board and pave the way for release, Blizzard has dropped the RMT auction house for the Korean version. The ratings board has warned the company not to sneak in the feature in a future patch and gave the title an 18 rating for the country. Interestingly enough this makes South Korea the first country to slap a rating on Diablo III to date.

Gamers opposed to the controversial new SOPA legislation are somewhat limited in terms of voicing their displeasure. Game companies have a bit more visibility, and Red 5 Studios is making the most of it. On January 18th, the company will temporarily shut down the beta for its highly anticipated Firefall MMO shooter as a form of protest.

The lights will remain off for 24 hours, and Red 5 CEO Mark Kern has some strong words for the bill and those who support it. "We are extremely disappointed in this misguided legislation. We are also ashamed of the ESA for supporting a bill which is clearly not in the best interests of gamers or the game industry," he told ShackNews.

Kern went on to say that Red 5 has canceled its plans to attend this year's E3 "unless ESA reverses their stance."

SOPA is an extremely hot-button issue on the internet right now, with politicians, companies, websites, and individuals coming out for and against this controversial piece of US legislation. It's so important that many game studios have broken the unwritten rule of not commenting on politics to state their positions on the matter.

Riot Games is one of these studios that have piped up to oppose the bill, as CEO Brandon Beck posted a lengthy reasoning as to why SOPA would harm League of Legends specifically, and he asked players to help stop it from being passed into law. "While we do support efforts to prevent online piracy, the current form of this legislation comes at far too high a cost for us, our players, and online communities across the internet," Beck writes, citing examples as to how the game could be taken offline and the community dismantled if the SOPA were wielded against LoL.

Interestingly enough, Colorado Rep. Jared Polis, who is himself a League of Legends player, replied to Beck in support of Riot Games' stance: "I'm particularly concerned that SOPA might stifle the kind of innovation that brings us games we love, such as LoL. The bill makes it far too easy for angry competitors to sue good law abiding companies out of existence." Polis says that he is drafting an alternate piece of legislation to combat internet piracy without SOPA's potential abuse.

[Update: If you'd like to encourage other companies to blockade SOPA, you might be interested in the online petition aimed squarely at Electronic Arts.]

Twinity users are experiencing a bit of lawyerly inconvenience according to virtual world blogger Tateru Nino. Portions of the Metaversum GmbH sim have been taken offline for unspecified reasons, and Nino speculates that "someone's team of undead zombie lawyers woke up and started asserting intellectual property rights and licensing restrictions."

The Twinity project makes use of both Google Maps and 3-D data to recreate cities like Singapore, London, Miami, and New York, but patrons will need to put their online party plans on hold for the time being.

Twinity's dev team posted a cryptic explanation, along with its intent to "try to reactivate the cities in the future."

Disclaimer: The Soapbox column is entirely the opinion of this week's writer and does not necessarily reflect the views of Massively as a whole. If you're afraid of opinions other than your own, you might want to skip this column.

Unless you've been living under a rock, chances are you've heard of SOPA and PIPA. The Stop Online Piracy Act and PROTECT IP Act are two radical pieces of copyright legislation currently being pushed through the US government. Although the stated intent of the new legislation is to provide companies with additional tools with which to combat piracy, the bill's loose wording has raised some serious alarm bells. Opponents to the proposed law say it would give corporations the ability to shut down any almost any website under the guise of protecting copyright infringement.

Gamers will be affected worst of all, as the loose wording of the law makes any website with user-submitted content potentially vulnerable to a shut down order. That could include YouTube, Facebook, Twitter, any blog with a comment section, or even any online game with a chat system. Perhaps the scariest part is that you'll be affected even if you're not in the US, as one of the new law's enforcement mechanisms is to remove a site from the DNS records, a move that assumes the US has jurisdiction over the global Domain Name System. AOL is among many huge companies strongly opposing SOPA, and so naturally Massively opposes it too.

In this week's massive two-page Soapbox, I make the case for why you should be worried about SOPA, and I suggest what can be done to tackle piracy in the games industry. Comments can be left on page two.

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Jagex is trading up the Union Jack for the Stars and Stripes, as controlling interest in the studio has changed hands to a US firm.

Insight Venture Partners, a venture capital firm from the US, completed a deal last year to increase its ownership to 55% of the UK-based company. Previously, the firm had 35% interest in Jagex. Now that the scales have tipped to the new ownership, this technically makes Jagex a US-controlled company and has US investors leading its board of directors.

While revenues were up 2% for Jagex in 2011, both operating and net profits were significantly down from the previous financial year. Jagex is a major player in the MMO free-to-play market, with RuneScape, Transformers Universe, and 8Realms as part of its project portfilio.

Develop reports that the controlling interest was made possible by Jagex co-founder Andrew Gower selling off his ownership claims to the firm for $115.65 million. As part of the deal, Jagex paid $3.85 million in expenses. The studio will remain in Cambridge while its controlling firm is in NYC.

While Multiverse, the development platform that was supposed to be the driving force for possible Buffy and Firefly MMOs, suffered a studio shutdown, the source code lives -- and has been snatched up by the newly formed Multiverse Foundation. Fortunately for those who were holding out hope for an online version of Joss Whedon's scifi western, it looks as though this new company wants to pick up where the previous team left off.

Massively was contacted by Tristan Bacon, head of communications for Multiverse Foundation. He says that the company has acquired the source code and is "starting work full-time on the actual MMO creation platform." Bacon says that if there is still interest from fans, the team intends to use the platform to make a Firefly MMO.

Don't get overexcited at the prospect of saddling up for the 'verse in your own ship, however, as this might be as long a shot as it ever was. There are substantial obstacles to overcome, including permission to use the IP. Bacon also says that the current team is just a small group of volunteers working on it in their spare time, and would appreciate more developers to sign on to the project.

War. War never changes. And neither, it appeared, would the long-running legal dispute between Bethesda and Interplay over the rights to the Fallout IP. For years, it seems, we've been reporting on this courtroom tug-o-war between the companies which has kept the fate of Fallout Online in limbo.

Well it looks like it is finally over, one way or another. An administrator on the Fallout fan site Duck and Cover says that a settlement has been reached although the details have yet to emerge to the public:

Today, DAC has confirmation that a settlement has, in fact, taken place. It actually took place the day of the trial -- and had I been able to get online and sort through the documents I would have reported as much. We do not yet have the details of the settlement -- they will be announced this month (January 2012) -- but we can report that on the day of trial, the atmosphere in the court room was tense until the judge recessed. This recess was extended, and then they recessed for lunch. After the lunch recess, the court room was locked to everyone except attorneys and clients. When our source asked why this was the case, our source was told it was because they were working out a settlement. The following day, another source called the court reporter to ask what the next hearing schedule for the case was -- this source was told there was no schedule as a settlement had been reached.

We'll be following this story as it develops to see how it affects the potential Fallout Online and what each studio is walking away with from this bitter dispute.