EULA

The exciting town of Eula, Texas

Well, this week we talked about EULAs. Only slightly more exciting than Texas, most EULAs are pages long and have lots of formal words. MMO producers require players to agree to End-User License Agreements, referred to as EULAs, which are legally binding contracts that lay out the rules and laws of that particular virtual world. Jack M. Balkin wrote Virtual Liberty: Freedom to Design and Freedom to Play In Virtual Worlds, which we discussed extensively. In it he covers the main issues with law in virtual worlds, and how he proposes these issues be resolved.

Minecraft has the shortest EULA of those we discussed. Essentially, Minecraft is a game in which players to build a variety of things using cubes. The EULA is only one page long and contains no legal jargon. It is incredibly informal and casual, with only one very clear rule: players may not distribute the game or any components of the game. This EULA would do very little to protect Minecraft in the case that they have legal issues. Minecraft does however give players the rights to their own creations. I think Balkin would have some objections to this. Not only does the EULA do little by way of clarifying rules and rights, but  it gives players rights. Balkin says that the more rights players have to virtual property, the more there is a need for law.

Balkin might note that Second Life has a very extensive EULA. Second Life is a game where players purchase property, create and trade virtual objects, and socialize with other players. Balkin would probably be in support of Second Life's ridiculously long EULA because second life grants players the rights to all content that they create in the game. Since players can build a variety of things and the trading and selling of these objects is a huge part of the game, Second Life needs many rules to make sure that it is protected. The one objection Balkin may have to the Second Life EULA is that it is quite long and may be challenged in court. Second Life has already had their EULA challenged and the court decided that part of the EULA could not be held up.

EVE Online is a space based fictional MMORPG. Its EULA is mid-length and contains standard information and rules. Balkin probably would say that the EVE Online is adequate given the level of player involvement that the game allows, but also that lengthy EULAs may not stand up in court anyway. In general it seems that Balkin thinks of the EULA as a good precaution, but not more, since it can be challenged so easily. With this is mind, it seems that the EVE online EULA covers all the bases, but isn't a ridiculous and lengthy as the Second Life one.

Virtual Law

David Johnson and David Post discuss the jurisdiction of the the web in "Law and Borders: The Rise of Law in Cyberspace". They discuss the big issues concerning the regulation of the internet, which are primarily the lack of physical territory or borders and the difficulties in treating physical life and the cyber world as distinct and separate entities. Dealing with the enforcement of conflicting laws that are defined by geography is a challenge that can only be resolved by clear boundaries online. Johnson and Post support "treating [the internet] as a distinct doctrine, applicable to a clearly demarcated sphere, created primarily by legitimate, self-regulatory processes, and entitled to appropriate deference -- but also subject to limitations when it oversteps its appropriate sphere," which they think will provide the best solution to the issues associated with cyberspace and jurisdiction.

It's no secret that the internet and the laws that govern it are a big topic right now. Between SOPA, PIPA, and Megaupload the media is getting their fair share of web-based stories. Rather than discuss one of these numerous new articles, I've decided that the New York Times' "Room for Debate: What's the Best Way to Protect Against Online Piracy" is a good choice to discuss. "Room for Debate" is a regular section with multiple opinions of "experts" in the field which is being discussed. Chris Dodd, the former senator from connecticut and current C.E.O. of the Motion Picture Association of America, wrote that SOPA and PIPA are the best way to stop piracy. But Maria Popova, a writer for Wired and the Atlantic, as well as an MIT fellow, thinks that congress needs realize the economic implications of these acts, and shouldn't be making laws about the internet until they learn to use it.

It seems to me that Post and Johnson would be more likely to agree with Popova, but would probably think that congress shouldn't be making laws about the internet at all. They might argue that the web needs to be patrolling itself, shutting down websites and preventing copyright infringement. I guess I just don't see that as a very realistic option. It seems clear to me that though cyberspace can ideally take care of itself, we don't live in an ideal world. But I'm not so clear on the solution. I don't think SOPA and PIPA are good solutions, but I also hope that if I ever copyright my own material or work it won't get reproduced or stolen without my consent. I guess we'll  see what happens.

Antisocial Social Play

This week we read some of T. L. Taylor's "Play Between Worlds: Exploring Online Game Culture." The bit we read (Chapter 2, "Gaming Lifeworlds: Social Play in Persistent Environments") was quite interesting, but before I get there I want to mention that Taylor is female. I realize that there are lots of women in academia writing about a wide array of subjects, but I think it's important to mention that a major academic in this field is female. Not only are there female  gamers, but there are female gamers who study gaming.  Apparently the stereotype of lazy, anti-social, middle-aged men who live in their mother's basements is not entirely accurate.

In any case, Taylor talks a lot about the social aspect of the game and its importance. Specifically, she talks about socializing in EverQuest. She points out that EverQuest is "deeply social" and that players create a "web of networks and relationships" which often exist both online in the game and off-line out in the physical world. She says that players communicate not only for personal socialization, but that "interaction is built into the very heart of the game." Players have to help each other to succeed, and assisting other players becomes one of the unwritten rules of the game. Players can shout for help, gift items to each other, or ignore other players completely. But those who have little or no interaction with other players find that their reputation is poor, and a bad reputation can impact their ability to advance in the game.

A few days ago I started playing LOTRO. I, uh, "rolled" a toon and made it all the way to level 10, and now that I've had some "in-game" experiences I can comment on Taylor's writing and share my experiences. So here it is:

I've literally had no interaction with other players.

I have a few guesses as  to why my gameplay is so far from what Taylor argues is an essential aspect of virtual worlds. To start, I'm a beginner. Not only did I just start playing LOTRO, but I've never played another MMO before either. At this point in my playing I don't really need other players to assist me, and most of my questing so far has been in areas where other people were few and far between. When I have arrived in areas with people, I avoid them. They kind of scare me since I still think of the internet as a dangerous place where creepy stalkers try to talk to you, but I also don't need them for anything right now. One other reason that I've had no in-game interactions with other players might be that I have a gaming buddy who can help me with my game from the real world. So even though his toon and my toon have yet to meet in Middle Earth, Brooks offers helpful advice. Who knew that not only can my toon eat, but it should eat? I certainly didn't. Apparently food replenishes its health after an attack. This sort of assistance in practical gameplay means that I need the help of other players even less. I'm also not playing EverQuest. LOTRO might require less socialization. I imagine that as I continue to play and level up I will become more dependent on other players. I guess we'll find out.

LOTRO

We're diving into the world of MMOs and I've figured out what my toon will be. According to my googling of LOTRO, as well as our class discussions, there are lots of things to consider when choosing a race and class. Different races have different difficulty levels and traits, as well as cosmetic differences. Class determines a toon's skills and abilities, and the role the character plays within the game. After reading up on all of my options, I've decided that I will be creating an elf hunter. Hunters are one of the easiest classes, which is ideal for me since I'm a "noob", and they also cause damage, but at a long range. I've chosen to be an elf primarily because I think their ears are funny. It sounds silly, but I don't really know enough about gameplay to be able to decide if being resistant to disease or being agile are important qualities (both are elf skills) or if it's better to have vitality and might.

I'm definitely nervous to start playing, but I'm also a bit excited. It's a whole new world, and at this point I'm sort of imagining gameplay as a combination between Facebook and Zelda. I'm anticipating that I will be really interested in looking around, understanding the game, and seeing what it has to offer. I'm usually driven by my curiosity. And since I've been learning a bit about digitally created art lately, I'll probably also be really into the graphics. I imagine that once I make sense of the game, I will also want to do well. I have a tendency to obsess over things until I achieve them, so leveling up or accomplishing specific quests will probably become important as well. According to Bartle's four player types, I'm probably primarily an explorer, but with some serious interest in achieving. I'm completely on board when Bartle says "most accomplished explorers could easily rack up sufficient points to reach the top, but such one-dimensional behaviour is the sign of a limited intellect." He pretty much sums up how I view achievement based on socially decided norms in the real world, and I doubt that my view of it will be any different in the virtual world.

Bartle does say that "these areas cross over, and players will often drift between all four," but I have trouble imagining that I will be a killer. Though my interest in socializing is fairly minimal, I understand that it's an important part of an MMO. It's not called "massively-multiplayer" because you play on your own. However, harassing other people just seems unnecessary and cruel. And the killer player type is all about the end goal, but I find that the means to the end are more important the end. We'll see if my perspective changes once I start playing.