Announcing: Random Battles Book 1

November 11, 2011 Posted by zachary

Today is the official announcement for the first in a 3 part series of books on my observations and outlook on the games industry and how it effects the lives of gamers. The book is Random Battles: A Gamer’s Guide to What the Crap is Happening in the Games Industry and can be purchased at Amazon for the Kindle. In keeping with my philosophy on the issues, the book is available worldwide without DRM or installation restrictions.

For a sample of what the book is about, I am including the introduction and a snippet of one of the chapters.

Introduction: The Games We Love

Ever since my mom brought home the TI-99, I have been a gamer. I have played games on that, the Atari 2600, the Apple IIe, the NES, SNES, Genesis, Atari Jaguar, Gameboy, Gameboy Color, Gameboy Advance, DS, PS1, PS2, GameCube, Wii, PS3 and various forms of the PC. I have gamed all my life. Ever since playing my first game, I knew I wanted to work in the industry as well. Gaming has changed my life.

Ever since the introduction of the internet I have immersed myself in gaming culture. I follow the changes in the industry, follow trends in game design, distribution and monetization. These changes have fascinated me on several levels. However, throughout the whole of it, I have retained what I think is a unique mindset. I still consider myself a gamer first and a game developer second. This means that any decision I make or position I take is most often leans on the side of the gamer.

This mindset has often put me at heads with those in the games industry. Many of them have forgotten what it means to be a gamer and make many decisions that negatively impact gamers world wide. Luckily, not everyone in the industry is like that and these people are working to change gaming for the better.

Within these pages, you will find many of my observations, thoughts, opinions and predictions regarding many issues with gaming. While it is not a comprehensive look at gaming, It covers many of the broader and more pertinent topics I have observed. Within these pages you will read about Piracy, Used Game Sales, DRM, Accessibility and many other issues.

I hope that those who read this book will look at the topics with an open mind and try to understand just what makes a gamer tick when it comes to these issues. I would also hope that those gamers who read this will take the advice I give in these chapters to better influence gaming for everyone in the world. That is my goal at least.

Chapter 3: Digital Rights Management

No discussion about piracy can be complete without bringing up Digital Rights Management or DRM. DRM is a tool used to prevent the widespread pirating of digital goods such as games.

It has a long and sordid history and has had varying levels of non-success and failure. It has taken such forms as the disk check, dongles, codes from manuals and even online verification. The worst offenses have caused damage to gamers’ computers and have caused all kinds of ill will amongst gamers.

Let’s take a bit of look at various forms of DRM.

Dread Forms of DRM

Like any good Mimic, DRM takes the form of a “benefit” to the gamer, and like all Mimics, ends with the player barely surviving the encounter.

In the early days of gaming, DRM was often found as secret codes that one had to enter into the game at various intervals. For instance, in the original Warcraft the player had to enter a seemingly random word from the game’s manual in order to play the game for the first time. This is fine for the original owners of the game, but as manuals became lost or damaged, it would cause all kinds of problems.

Other games relied on dongles that needed to be plugged into certain ports on the gamer’s PC. Again, these were okay until the dongle became lost or broken. This isn’t widely used any more due to its impracticality.

The next evolution of the dongle is the modern video game console. Proprietary hardware that is required for a game to run. This has allowed game developers many protections as it is often more difficult, though not impossible, to stop piracy when the hardware is locked down.

We also have the disk check. Most older PC games will install everything except a few bits of executable code, or assets and such onto the hard drive. This leaves a few things for the game that need to be pulled off the disk. However, as hard drive space grew it became more practical for everything to be stored on the faster hard drive. So the only thing left on the disk was a signature for the game to check against. If the game couldn’t detect the disk, it wouldn’t run.

With the internet age, developers were able to create a new kind of DRM. This one uses a process to ping a server and validate the game with the mother server. There have been varying levels of this starting with a simple one time registration to an “always on” connection.

Those are just a few kinds of DRM that gamers have encountered over the years. Some of it was okay and others were far more horrible.

The Purpose of DRM

So what is the purpose of DRM? Well, if you ask most any publisher, they will tell you that it is to protect their investment from theft through piracy. If you ask any gamer though you get a different story. They will tell you the purpose of DRM is to annoy us into ever more complicated hoop jumps, or to fight the used games market.

From my observation, DRM is nothing more than a way to avoid blame when a game is a failure. They claim it is to stop piracy, but when a game fails they can point to piracy and declare, “No matter how hard we try we just can’t win.” Then they stop making games for PCs and move to consoles.

So if DRM is not effective, why do they continue to use it? For the most part, it is because of investor pressure. Most DRM advocates are from publicly traded game companies such as EA, Activision or Ubisoft. They are pressured by their shareholders and investors to protect their investments from loss. With this pressure they have to put out measures that make it look like they are trying to stop piracy of their games. In reality, these moves are fruitless and the people being forced to implement them, the developers, know it. They recognize that trying to stop piracy is like trying to stop the tide from rolling in.

Open Letter On E-PARASITE/PROTECT IP

October 27, 2011 Posted by zachary

Dear ‘Representative’,

I know you really don’t care about looking after the interests of the people of this nation. You continue to pass regulations that kill jobs, destroy our Constitutional rights and slaughter our economy. I have already expressed my frustration to you by sending a letter explaining why I will not vote for you and will actively campaign for those who truly wish to uphold their oath of office to uphold the Constitution and defend our rights. You do not deserve another term in office and will not get one.

The actions of you and many of your colleagues in office have shown further proof that you are corrupt and beyond repair. Recently, you voted to extend the PATRIOT Act to continue the erosion of our Constitutional rights. Most recently, you have shown a disregard for the public by ignoring the protests throughout the nation and failing to put a stop to the abuses by the state and local governments who continue to target citizens of this nation for exercising their Constitutional right to peaceably assemble and petition the Government for a redress of their grievances.

But most recently, your colleagues in Congress have put together a bill proposal that seeks to implement one of the most Fascist laws to date. This bill is known as PROTECT IP and/or PIPA in the Senate and is now known as E-PARASITE and/or SOPA in the House. This bill seeks to implement a China/Iran/Syrria style internet firewall around the US. Not under some grand scheme to protect our national ideals or interests, but to prop up the failing business models of legacy copyright middlemen and protect them from international competition. Do you really want the US to be compared to those nations or do you want the US to be the standard bearer of freedom that we once were?

For as long as copyright has existed, those who build their business around the monopoly control of the same have railed against new advances in technology that threaten that same control. The earliest known examples are the scribes who made a living off hand writing copies of documents and books when Gutenberg introduces the printing press. Other examples include the gramophone, the player piano, the radio, film, television, the VCR and now the internet. PROTECT IP/E-PARASITE is nothing more than the death throws of a legacy industry whose business is built around 100% of the production and distribution chain of entertainment, has been threatened by advances in internet technology. Entertainment itself is not threatened. There is more movies, music, games and books being produced today than ever before. But if you only listen to legacy gatekeepers you would not believe such.

The internet has led a revolution of content production that we never would have dreamed of 30 years ago. More people can produce today and get instant access to an audience because of the way the internet currently functions. This is what has the legacy industry scrambling to pass E-PARASITE/PROTECT IP. This ability for music/movie/game/book creators to self publish through a myriad of internet services both US based and internationally based is costing the legacy gatekeepers money. Regardless of their rhetoric, they are not seeking to do anything that benefits the creators of entertainment, they are seeking to prop up their gatekeeper status for a few more years.

If this bill passes, we will see a destruction of the growth in entertainment as the tools and services that self published entertainers rely on are blocked for US consumers. Those who want to connect directly with fans without having to rely on legacy gatekeepers will be shut off from many of the most popular means of distribution all because you as our ‘Representative’ want to continue the failed policies of crony capitalism rather than let the free markets work as intended. The Free Market has already all but disappeared in the physical realm and now you are seeking to do the same in the digital realm.

If you value your position in Congress in any way, you will vote down this latest attempt to trample to rights of US citizens and cull yourself of all traces of crony capitalism. You are beyond redemption in my eyes at this time, but every effort you take to make the job of cleaning up your mess from the true patriot who is elected in your place will be greatly appreciated.

Once again enjoy the time you have left in office.

Zachary Knight

Sent to Senators Tom Coburn, James Inhofe and Representative Tom Cole

For more information on just how bad PROTECT IP/E-PARASITE is check out these articles on the topic at Techdirt.

What Qualifies as Fair Taxation?

October 7, 2011 Posted by zachary

And now I desire that this inequality should be no more in this land, especially among this my people; but I desire that this land be a land of liberty, and every man may enjoy his rights and privileges alike… (Mosiah 29:32; Book of Mormon)

There has been a lot of discussion in the political world about taxation and how the rich need to pay their “fair share” of the tax burden. I could go into a lot about the actual economic facts about the situation that show that the rich do pay far more than the rest of us. However, what I would like to focus on today is just what is a “fair tax” and how can it be implemented.

As a Libertarian, I want to reduce the total tax burden of all citizens in this nation. There is no reason we should have to pay income, sales, excise, import, inheritance, property taxes and the many more we must pay everyday. The Federal, State and Local governments place a huge burden on the people of this nation. What we really need to do is streamline the tax system and implement a fair tax. (more…)

This Week On TechDirt Sept 22 – Oct. 7

October 7, 2011 Posted by zachary

Starting this week, I am going to be doing weekly summaries of what I wrote for TechDirt during the week. It will be a lot easier to keep up with it all. So without much ado here we go:

Microsoft Convinces Yet Another Company to Cough Up ‘Protection’ Money

MIcrosoft managed to get Casio to sign up for a cross licensing deal for their patents. They managed to do so by threatening Casio with patent infringement over some 235 patents they claim Linux infringes. We still don’t know what those patents are but they must be convincing.

Conan O’Brien Has The Inside Scoop On More Netflix Changes

Just a funny video in which the Conan O’Brien rips a new on in Netfilx’s apology for raising prices.

Bethesda Turns Down Quake Fight Over Scrolls Name; Takes Guaranteed Loss By Going To Court

Notch tried to settle this whole trademark dispute with a game of Quake, but Bethesda didn’t want anything to do with it. Now it is going to court. It doesn’t matter if Bethesda wins or loses this case as they have already lost in the eyes of the gaming public.

Gaming Company Sees Massive User & Revenue Growth Because Of Piracy

Unity’s Asian branch has seen tremendous growth over the past year or so basically because of a bunch of Asian game companies pirating their software. They aren’t mad, because revenue is up 258.7%

No Rest For The Productive And Successful; Nintendo Sued Again Over The Wii Remote

Yeah. Nintendo is sued once again for patent infringement. This time from a company called UltimatePointer. They claim to make a product much like the Wii Remote, but it is still in “testing.” Funnily, this patent was filed for the same month Nintendo revealed the Wii to the world.

EA Sues EA Over The EA Trademark

Energy Armor has a logo very similar to the Electronic Arts logo and Electronic Arts is not happy. It doesn’t help matters much that Energy Armor’s product is sports gear, which Electronic Arts has a hand in.

Nintendo Thrilled To Have Game Copy Devices Found Illegal In France

Nintendo got flash carts and other mod chips banned in France. Not a big surprise. What is really frustrating is that Nintendo continues to ignore the greater truth that these chips open up its consoles as customers want. Nintendo would rather fight to keep their consoles locked down.

So that’s it for the week (and some before it). Enjoy. There is plenty more to come.

Citizen Recording Of Police Proves Officer Lied About Arrest

September 21, 2011 Posted by zachary

This article was originally published on TechDirt.

Reason.com alerts us to an LA Times article covering a recent trial in which a private citizen’s cellphone video proved officers lied about an arrest, resulting in the acquittal of a young man accused of carrying a concealed firearm.

According to police reports after the arrest:

Deputy Levi Belville testified that he saw Gipson in the side yard run and toss a loaded revolver onto the roof of a detached garage. The deputy said he ordered Gipson to stop and that the suspect walked back to Belville, who then detained him.

However, the cellphone video depicted a very different chain of events:

The footage did not show Gipson running, tossing a gun or walking back to the deputies to be detained. Instead, the grainy video showed deputies arriving and walking past Gipson, who was standing against a wall of the house near the rear of the yard. One of the deputies, Raul Ibarra, returned to Gipson and escorted him to the back of the yard.

This new footage led to a change in the way the officers describe the events. This inconsistency in the officer’s testimony led jurors to acquit Gipson of the charges.

Jurors said they did not find Belville’s trial testimony credible and believed he changed his account of the arrest after being confronted with the video. They also questioned why a deputy with more than 10 years’ experience would walk past a man who had just thrown a gun without immediately detaining him or warning colleagues.

Even as police and governments around the country are fighting the practice of the public recording the actions of the police, stories like this show the power that such recordings have in administering a fair justice system. Without this video, the trial would have been based entirely on the officer’s testimony of events rather than on hard evidence.

I will close with a few words from Gipson himself in response to these events, “I never thought an officer would lie.”

New Fall Season: What I Want to Watch This Week

September 19, 2011 Posted by zachary

Since I don’t subscribe to cable or satellite, I watch what is available network television and occasionally what is available online.

These are the shows that I am looking forward to this week:

Monday 9/19

9PM Castle – Castle returns after an awesome season ender last time. The TitanTV description states: Plagued by guilt over his role in the situation, Castle struggles to determine who is behind the brutal shooting of Detective Beckett; Ryan and Esposito attempt to adjust to Victoria “Iron” Gates, the precinct’s new uncompromising Captain.

Tuesday 9/20

7PM NCIS – I look forward to getting back into the show. Last year had some scheduling conflicts and I missed most of the season, but I still love the show. From TitanTV: After spending months tracking down his target from the secret assignment given to him by the Secretary of the Navy, Tony is left with a dead NCIS agent, and it’s up to him and Gibbs to find all of the pieces to the puzzle.

Wednesday 9/21

I am always out on Wednesdays and never really follow anything here.

Thursday 9/22

9PM Mentalist – Last season ended with Patrick Jane killing Red John. Now he has to prove it. From TitanTV: In prison for killing his nemesis, Patrick Jane must prove beyond a doubt that the man shot and killed was really Red John; Lisbon urges Van Pelt to seek counseling in the aftermath of the death of her fiance, Detective O’Laughlin.

Friday 9/23

8PM Fringe – Incredible science fiction show. Last year ended with a time/universe melding season ender. Hard to follow up on that. They will try though. From Titan TV: A shapeshifter case that is personal to Lincoln Lee must be investigated, and he joins the Fringe team as the truce between the two sides remains intact just one week after Peter Bishop saved the day and was then wiped from existence.

Saturday 9/24

Does anything good ever air on Saturday?

Sunday 9/25

7PM Simpsons – Always a fan even after they started stinking. Kind of like 100 year old eggs. From TitanTV: Homer befriends a reserved security guard, Wayne, recently hired by a nuclear power plant who is plagued by violent flashbacks from his CIA past; Marge fantasizes about being on “Top Chef”; the future of Nedna will be revealed after months of voting.

I wasn’t aware that Ned and Edna were dating. That should be interesting.

Hopefully, I will have time to watch all this great stuff. It may be time to invest in a tv tuner card for my PC so that I can start recording stuff I am too busy to watch when it airs.

Note: TitanTV is a free online television guide. I find it very useful. Give it a try.

iPhone Developer Creates App Criticizing The iPhone; App Is Quickly Pulled

September 16, 2011 Posted by zachary

This post was originally published on TechDirt.

Molleindustria is an app developer who makes a line of controversial and political games. Some of its more well known games include McDonalds Videogame, Operation: Pedopriest, and Oiligarchy. It just recently announced and released its latest game, Phone Story. This particular game takes the player through the cruel world of smart phone production using a series of mini games depicting the mining of coltan from the Congo using child labor, the suicides in the Foxconn factories and, of course, e-waste disposal in third world countries.

On top of all those themes, the game was to be released on the very platform it criticized: the iPhone.

It didn’t last long on the platform.

Just hours after being approved, Apple yanked it from the app store for four separate violations.

15.2 Apps that depict violence or abuse of children will be rejected

16.1 Apps that present excessively objectionable or crude content will be rejected

21.1 Apps that include the ability to make donations to recognized charitable organizations must be free

21.2 The collection of donations must be done via a web site in Safari or an SMS

(more…)

Indie Game Developer Posts Game on Pirate Bay, Sees Positive Results

September 14, 2011 Posted by zachary

This post was originally published on Techdirt.

While many large game development and publishing houses complain about and attempt to fight piracy and torrents of their games, smaller, more flexible studios are attempting to use such avenues to their advantage. Such is the case with No Time To Explain developers tinyBuild.

TorrentFreak points out that tinyBuild saw an opportunity with the Pirate Bay to spread word of their game. The developers posted their game to the popular torrent site after adding pirate hats to all the game characters. A lot of people laughed and ended up buying the game. As tinyBuild told TorrentFreak:

We thought it’d be funny to leak a pirate version ourselves which is literally all about pirates and pirate hats. I mean, some people are going to torrent it either way, we might as well make something funny out of it.We saw very positive WTF REALLY feedback from users, and saw reactions that people bought it simply because they liked the joke. So we don’t see it hurting sales in any way.

While such a move might not work for everyone, it does show that if a developer is willing to connect with fans, they can garner a lot of good will and possibly some extra sales. Even if that connection happens on one of those dirty pirate websites.

Nintendo Wii Accused Of Willfully Infringing Patent That Was Applied For After Wii Was Introduced

September 14, 2011 Posted by zachary

This post was originally published on Techdirt.

Techcrunch is reporting on yet another patent dispute over the technology found in Nintendo’s Wii video game system. This time the company suing is ThinkOptics, the makers of the Wavit Remote.

The dispute is over the following patents:

  • 7,796,116: Electronic equipment for handheld vision based absolute pointing system
  • 7,852,317: Handheld Device for Handheld Vision Based Absolute Pointing System
  • 7,864,159; Handheld Vision Based Absolute Pointing System.

Notice a trend yet?
(more…)

Did Jim Henson Infringe on a Recently Approved Patent?

September 9, 2011 Posted by zachary

This post was originally published on Techdirt.

Recently on Techdirt, we highlighted a number of ways the US patent system could be fixed. One of the proposals on the list was allowing for input from those who are skilled in the art behind a patent application. Under this system, a person or company working within the industry surrounding a patent application could review it and submit their reasoning behind whether the proposal is obvious and not patentable or original and patentable. This public input would help patent examiners decide on the final patent-ability of an application.

As an example of why such a public input segment would be beneficial, we have a recent patent, found by io9.com, for “A costume suit modeled after a large size animal“(PDF) This patent, which was submitted by Japanese company ON-ART, which specializes in airbrush painting of large balloons, was approved on August 16, 2011. This patent has a total of twelve claims all having to do with the mechanics of the suit, which allows for the operator to create the realistic movements of the animal he portrays. (more…)