The ECA Hits The Streets Of DC

April 12, 2012 Posted by zachary

Jenn, Me And Hal

From Left to Right: Jenn Mercurio, Me, Hal Halpin

Reposted from Game Politics.

In the last week of March, the Entertainment Consumers Association (ECA) took to Capital Hill to meet with members of Congress about SOPA, PIPA and other issues that effect gamers and game developers. The trip was spearheaded by ECA President, Hal Halpin, VP, Jennifer Mercurio and Advocacy Manager, Brett Schenker.  I had the opportunity to come, along with James Portnow of Extra Credits and Trevor and Josh Hughes of Add A Tudez Entertainment. Coming out of it, I think the event was very much a success.

While SOPA was one of the primary focuses of our various discussions, we did have some time to talk about other issues that effect gamers and game developers. So rather than just file down through everything that happened, what I would like to do is share a few things that really stuck with me after the event.

On the topic of SOPA, we had some very good discussions with the offices of key members of the SOPA opposition. These was a staff member from Zoe Lofgren‘s office, Representative Jared Polis, and a staff member of Jason Chaffetz‘s office. The discussions we had about SOPA were very encouraging. Each person we talked to expressed their desire to continue the fight against SOPA like legislation. They all expected it to come back in some form or another, so they want us all to be aware and keep watch. They know that it was the efforts of the wider internet community that made the difference back in January.

On to the subject of PIPA, the Senate’s version of SOPA, the only player from this side of the debate that I had the opportunity to visit with was a staff member of Senator Tom Coburn‘s office. If you recall, Senator Coburn was one of the supporters of PIPA prior to the January protests. Right around the time of the protest, he pulled his support for the bill. This was a major blow against the bill, as Coburn sits on the Technology Subcommittee. Based on the discussion we had, it would seem that Coburn pulled his support because he did not fully appreciate what was in the bill. The conversation was primarily a fact finding mission from his office. They wanted to know more about piracy and how it affects game consumers and game developers big and small. In the future, I think we could probably count on Senator Coburn to be a voice of reason in the debate.

Now onto some other points of interest.

Back in Representative Lofgren’s office, one of the topics that came up was a general reform of copyright, particularly revolving around the Digital Millennium Copyright Act (DMCA). We were asked what we would want to see happen with the DMCA and copyright to bring it back into balance with the public. One of the key points was reform of the DMCA takedown process. Right now, this process is very much weighted against fair use and free speech. There is also very little in the way of discouraging abuse of the process. Based on the conversation we had, I would hope to see some reforms being introduced in the near future. Of course, like any reform of copyright that is not 100% in favor of large entertainment companies, this type of reform will be fought hard by the MPAA and the RIAA. So when we do see it introduced, we need to show our support for it in much the same way we showed our opposition to SOPA.

The next really interesting bit of discussion came while visiting with Representative Chaffetz’s office. While we were talking about SOPA and other issues, Chaffetz’s staffer told us a story that recently happened on Capital Hill. Nintendo was there, presumably about the recent DMCA anti-circumvention exceptions approval process. As you may recall, one of the exceptions asked for this year is the ability to jailbreak a game console to allow for extra functionality to run on it. Nintendo was there showing off how DS carts like the R4 work and trying to explain how evil they are. While they were showing it off, Chaffetz’s staffer was looking at it and thought it was a pretty neat device. He then asked Nintendo’s reps if they have similar functionality available legitimately for the handheld. When asked that, Nintendo’s reps looked at him as if he asked them something completely insane. Our conversation with the Staffer then went on about how jailbreaking and things like the R4 allow for so much more than just piracy. Things like homebrew software, other operating systems, importing games and format shifting legally owned games are all possible. This really interested the staffer. So while we still don’t know if we will get an exception for jailbreaking game consoles, we now know just how much effort console companies are putting in to put a stop to it.

So those are the most interesting things that I got to participate in. There was another set of visits that I didn’t get to attend that probably have their own cool things discussed, as there were two teams holding meetings. Perhaps James, Josh or Trevor will have something to share from their points of view. I think the trip was fun and very much worth it. When the ECA plans another one, I hope to be able to attend that one as well.

Check out Josh Hughes’ write up about our trip to DC.

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The Past Three Weeks on Techdirt: Dec 19 – Jan 6

January 6, 2012 Posted by zachary

So with the Christmas Holiday I didn’t write a whole lot and I am just now getting back into writing again for Techdirt. So this time I am combining the last 3 weeks together, for a grand total of 4 articles. Yes I know that doesn’t seem to be a lot. 3 of them were from the last week so it isn’t so bad. Here they are:

Public Opposition Accelerates As Latest Anti-SOPA Petition Hits Goal In Two Days

There are two White House petitions asking Obama to veto the SOPA and PIPA legislation. The first one met its 25,000 signature goal in 2 weeks and the second one hit its 25,000 signature goal in 2 days. That is incredibly awesome. With the massive public backlash against SOPA and PIPA, I don’t know how Obama would be able to justify signing them into law if he values winning in the next election.

Mommy’s Best Games Says ESA SOPA Support Should End

Mommy’s Best Games, creators of Serious Sam Double D, wrote a very good article calling for game developers and gamers to contact ESA member companies to ask them to oppose SOPA and pressure the ESA to do so as well. Let’s hope that more gamers and developers follow through with  the request and SOPA gets opposed.

ESA Officially Supports SOPA, VGVN Members Left In The Cold

Sadly, the ESA seems to be dedicated to supporting SOPA while at the same time leaving members of its “grassroots” organization, Videogame Voters Network, out in the cold. Gamers joined the group in order to protect the rights of gamers and SOPA is in direct contrast to that end. I have always been wary of the VGVN as I knew from the beginning that it could never truly be a gamers’ rights group as long as it was owned and run by the ESA. Join the ECA instead.

PC Gaming Alliance Remains ‘Cautiously Optimistic’ On SOPA

While the PCGA is one of the lesser known games industry trade groups, I still thought it was important to reach out to them for their opinion. They seem to have taken a different, although not necessarily better, tactic than the ESA. They recognize the need to stop piracy, but are remaining mostly neutral on SOPA and PIPA until they get more information from their members and the bills get a lot more review.

So that’s it for the 3 weeks. More will follow.

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Lessons Learned At The Lego Monthly Model Build

January 3, 2012 Posted by zachary

Today, I took my son, Alex, to the Lego Monthly Mini Model build at the Lego Store in OKC. We had started doing these last year but got out of habit and decided that with the new year we would start going every month from now on. It an awesome little activity and the models he builds are free. So it is a win win.

Lego Monthly Build for January 2012: Cobra

However, there are some lessons I learned while there. Not everything has to do with the activity, some have to do with Legos themselves.

  1. There is roughly a 2 hour time frame you must schedule around. From the time we got there to the time we left was about 2 hours. We stayed a little late to browse, but not for too long. So with that in mind we have:
  2. Bring something to entertain not only yourself, but your kids. 2 hours is quite the wait and if you don’t have enough to do the kids get a little wild. Next month I plan on bringing the DS for Alex and a book for me. This time we had a Lego Club magazine and that was it.
  3. The models are worth the wait. While they are not too extravagant, they are neat and provide a tool to help kids get those creative juices flowing and see what they can build using standard Legos. No special pieces here, only bricks, plates and slopes.

Those are the main lessons I learned about the model builds. The rest of the lessons are about the Lego sets themselves.

  1. All Lego Trains use the same tracks. I was concerned about this when my son got the Lego Toy Story train for Christmas and it didn’t come with any tracks. So it doesn’t matter which set you get the tracks from, all trains will fit. Too bad they were out of tracks today.
  2. The New Lego DC Univers Lego Sets are awesome. However, they should be called the Lego Batman and Friends Lego Sets because they are primarily about Batman. There is one non-Batman set and it is relatively small. I am sure that they will come out with more non-Batman sets, but not yet.
  3. Speaking of DC Universe Legos, Wonder Woman does not seem to have any iconic villains and needs to be included in a Superman vs Lex Luther set. This is one of the problems with Wonder Woman anything. Even if Lego included any of her major foes, no one other than die hard WW fans would know who they are.
  4. The Lego Ninjago sets are awesome, specifically the new boat they have. they used to be Ninjas vs Skeleton people but they have now added snake headed people to the set list.
  5. Lego has a ton of really cool animals now. I remember a time when the only animals were horses, birds and dragons. Then I got excited with bats, snakes and spiders. Now they have freaking dinosaurs, bears, dogs and many many other smaller animals. They are really getting some good animal showings here.
  6. Finally, Lego women are making a huge showing now. It used to be that Lego women were a rare breed and you had to really search to find them. They mostly came with the city sets but even then it was rare to find them. Now every major Lego theme has at least a couple sets that include at least one woman. Now if only they would include more.

So that’s what I learned while I was at the Lego store today. Can’t wait to see what happens next month.

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Why I Dropped Godaddy Like A Plagued Rat

December 27, 2011 Posted by zachary

Back in 2006, I registered my first domain, this one you are reading on. I wanted a website to show off the work I have done and promote myself to future employers. I decided on the name fairly easy based on some advice from my father-in-law. Once I had figured out what domain to register, I chose my registrar. Because of my fairly naive nature at the time, I chose Godaddy. Not because I liked its service over the competition, but because it was the only registrar I really knew of at the time.

Over the years I registered several other domains through them. I was fairly happy with the level of service Godaddy provided. Sure, the UI was clunky and convoluted, but it was usable at least. I never had a real reason to complain. That changed in the last couple of years though.

Over the last few years, I really learned just how anti-consumer Godaddy was. There were rumors that Godaddy was driving the cost of domain auctions up. They also had a propensity to block access to domains under dubious circumstances, such as RateMyCop and PhotoAttorney. Then there was the controversy of Godaddy CEO killing elephants, although the actual events didn’t bother me as much as the downplaying that followed.

But all that was just a prelude to the real problem. Even with all that controversy and all those problems, I never really had a strong resolve to transfer all my domains away. That is I didn’t have that resolve until this year. You see, this year came the horrid tripe of a bill called SOPA. Yes there is also an equally bad version in the Senate called Protect IP (PIPA). Both of these came with it strong support from one major domain registrar, Godaddy. Yes Godaddy supported SOPA/PIPA.

It was this that led me to finally make the move and transfer my domain. As of 12/27/2011, My domains are in the process of transfer. I am just waiting for Godaddy to finalize them. Now I realize that Godaddy, after seeing the outrage from domain owners, has “changed” its mind on the subject. While their lip service is nice and all, it lacks any meat that would help rectify the concerns of the greater internet community. Take the following paragraph as an example:

“Fighting online piracy is of the utmost importance, which is why Go Daddy has been working to help craft revisions to this legislation – but we can clearly do better,” Warren Adelman, Go Daddy’s newly appointed CEO, said. “It’s very important that all Internet stakeholders work together on this. Getting it right is worth the wait. Go Daddy will support it when and if the Internet community supports it.”

Just looking at that paragraph, it clearly shows that Godaddy still supports the general idea behind SOPA and is willing to try to work to make it more palatable to the internet users. However, there is no way to change SOPA that would appease those that create the useful services online. There is certainly nothing that could be done to appease me. Next we have this little gem:

“As a company that is all about innovation, with our own technology and in support of our customers, Go Daddy is rooted in the idea of First Amendment Rights and believes 100 percent that the Internet is a key engine for our new economy,” said Adelman.

You see, if Godaddy really felt this way, why would they even support SOPA in the first place. Even in its current amended form, it still harms the innovation and security of the internet. It was even worse 3 months ago when Godaddy supported it. Why would it just now suddenly see the light? Oh. That’s right, 10s of thousands of domains have been transferred over the last few days. Finally, we have this little number:

In changing its position, Go Daddy remains steadfast in its promise to support security and stability of the Internet. In an effort to eliminate any confusion about its reversal on SOPA though, Jones has removed blog postings that had outlined areas of the bill Go Daddy did support.

While i feel that any company or person can run their blog the way they want, I think deleting the entire blog posts on the topic of SOPA support was a bad move, It would have been far better if they had simply left them be with a simple redaction at the top pointing to the most recent blog posts on why they changed their minds. It would have certainly let people make a more informed decision on whether to continue to support Godaddy.

With all that said, I am still transferring my domains. Godaddy will no longer get any money from me. I recommend that all that currently do use Godaddy to transfer their domains and support a business that truly supports the internet and those that make it valuable.

If you need help in the transfer process, my friend, John Paul Sherman, pointed me to this article on the transfer process. While that article transfers domains from Godaddy to NameCheap, I transferred mine to Dreamhost, which strongly opposes SOPA, because I have my hosting there and have already registered a domain with them.

So when it comes down to it, SOPA is bad and it makes toxic any company that supports it. It doesn’t matter what happens afterward, that company cannot be trusted ever again.

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Changes To Random Battle’s Copyright Notice

December 16, 2011 Posted by zachary

I made a HUGE mistake when I published my book on Smashwords. I was reading the preview of another book, Digilife written by a friend Timothy Geigner, and his copyright notice got me thinking about mine.  I put in no thought into the copyright notice that Smashwords requires in all books it publishes. I thought the requirement was a little annoying and so I just copy/pasted one of the example copyright notices. Then I got to thinking about it and how much it disagreed with my overall philosophy with copyright.

Here is the original copyright notice:

This ebook is licensed for your personal enjoyment only. This ebook may not be re-sold or given away to other people. If you would like to share this book with another person, please purchase an additional copy for each recipient. If you’re reading this book and did not purchase it, or it was not purchased for your use only, then please return to Smashwords.com and purchase your own copy. Thank you for respecting the hard work of this author.

I think this is very bad for many reasons. Chief amongst these is the first sentence. I hate the idea of things we buy only being “licenses”. That is so limiting and frustrating for many reasons. I hate it. Too many businesses are moving in the direction of wanting to remove any kind of fair use and first sale rights that we still enjoy. I don’t want to be a part of that.

Second, I don’t mind you giving this book to other people. That is how word spreads. In fact, I feel so strongly about this that I made the whole book freely available on my website. So why would I care that you let your friend or family member borrow it.

Third, The idea that I am upset with the idea that you didn’t pay for it prior to reading it as implied in the second to last sentence is absolutely absurd. I am not upset in any way. I am happy that people have read my book.

With these thoughts in mind, I wrote a new copyright notice that reflects my thoughts on this matter, and even references the book itself. So here is the new copyright notice:

My thoughts on copyright are very flexible as can be seen when reading Chapters 2, 3 and 7 of this book. While I would love for you to pay for this book, I can understand why you might be reluctant to do so. If you do find that you like it and want me to write more, feel free to drop a buck on it.

So there you have it. Enjoy the book.

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The Past Two Weeks On Techdirt: Dec 5 – 16

December 16, 2011 Posted by zachary

Last week I only had two posts go live on Techdirt, so I decided to wait for this week to end before writing up my summary of posts. There were some pretty neat stories to share.

Red Cross Wants Real Life Laws Enforced Within Virtual Worlds

The Red Cross has decided that video games depicting war should have international laws governing wars such as the Geneva and Hague Conventions enforced within the game. They want game designers to voluntarily do this or it may consider the need to enforce it by government regulation. We all know how that turned out for violence in games.

Copyright Office Once Again Preparing To Throw Citizens A Fair Use Bone

The Copyright Office is accepting proposals for exemptions to the DMCA’s anti-circumvention language. The EFF wants to be able to jailbreak smartphones, tablets and game consoles. It plus Public Knowledge and the Association of Research Libraries want to be able to bypass the encryption on DVDs for a variety of reasons. Of course this whole process of begging for fair use rights every 3 years is absolutely ridiculous.

Humble Indie Bundle Well On Its Way To Break Sales Record

A new Humble Indie Bundle is upon us and is already raking in the money. It earned its first $500k in a little over 4 hours and its first million within 16. There are some great games there. Check it out now and buy some games.

CD Projekt Shakes Down Suspected File Sharers

CD Projekt has disappointed me by following in the footsteps of the entities such as the RIAA and Righthaven and has decided to send out shakedown letters to suspected file sharers. While trying to protect its copyrights is a noble goal, basing such a move on the flimsy evidence that is ip addresses is very frustrating.

Judge Says OtherOS Removal Was A Bad Business Decision But Not Illegal

The Judge overseeing the OtherOS class action suit against Sony has ruled that Sony did nothing illegal in removing the OtherOS feature. He then threw out the case. This is a relief for Sony but frustrating for those who would like to own their video game console outright.

Microsoft Reminds Everyone: You Do Not Own Your Software

Microsoft has decided that people who buy software through its new Windows 8 App Store are not really buying the software, merely licensing it. This is continuing a trend within the software industry that frustrates and harms buyers. Since we are only licensing the software, Microsoft can disable it on a whim and we have no recourse. Suck.

So that is it for the last two weeks. I hope you enjoy.

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Branching Out

December 11, 2011 Posted by zachary

For those who have been following me, this may be old news. However, I thought I would take a moment and share some news about what I am up to. I have become much more active online and have been doing a lot more writing as well as game development. So here is a small description of the individual works I have been doing.

Divine Knight Gaming

My brother Willis and I have been working on a game together. We are still in early development and are working to have a playable prototype by January so that we can officially announce our game and start making some money through it. Along with working on that game, we will be using the blog and website to post tutorials and other game development related articles. This is part of us giving back to the greater game development community.

Random Tower Games

Random Tower Games is a label Willis and I are using to cover a few things. One is our retail side of things. We currently operate an Amazon store in which we sell games. This has been mildly successful and we are working to make it more so. We are also working on building a small business designing t-shirts. On top of this, we are using it as a blog to discuss some of the latest and most interesting gaming news. We might even throw some game reviews in there if we ever have the time to play some games.

Mormon Libertarian

This one is pretty much me. I ran for Oklahoma State House in 2010 and have been fairly active in politics since. This is my way of continuing that effort. When I do write, it will be from the point of view of a Mormon who is also a Libertarian. This is who I am and how I roll. I can’t make any promises that I will run for office again, but at least this way I can work toward the greater good of this nation.

The Mantle of the Mighty

This one has not gotten started yet, but it is there. I want to write more fiction and this is where it will be promoted and displayed. I have had a novel in the works for 10 years now (I haven’t actually worked on it for the past few years) but I hope to finish it at some time. In the mean time, I will also be posting my short stories and poems there as I write them. I will even write up articles on writing, publishing, and things related to them.

Editorial Games

This one is currently not active. I plan on bringing it back out of limbo soon. I had written under that blog in the past but took it down and haven’t gotten back to it. This site will be dedicated to games that deal with political and social issues. If I find a game that meets that criteria, I will be writing about it there. I will also be using that site as a platform to promote and play games I have created for that theme. Keep an eye on this space in the near future.

Techdirt

I have been writing for Techdirt for a while now. You have probably seen my articles linked here and other places. This is a great gig and has been one of the driving points behind my greater interest in writing. I mostly write about legal issues related to copyright, patents and trademark, but often write about other interesting legal issues. There is a wide variety of topics there and I hope to bring a whole lot more.

EZ Knight

Finally, we have this site here. If there is ever a topic that doesn’t fit neatly into the narrowly defined boxes above, I will be writing about it here. This is kind of the catchall blog. If I ever find that I am writing a lot about a certain brand of news, I may even spin it out into its own blog to help keep things straight. Who knows. For now, you can expect to find a whole lot of variety.

So that is it. That is what I am up to. Feel free to keep things interesting by commenting and sharing these blogs with others.

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[UPDATED] Senate and House Effectively Declare War On American Citizens

December 11, 2011 Posted by zachary

And behold, Pachus was slain and his men were taken prisoners…

And the men of Pachus received their trial, according to the law, and also those king-men who had been taken and cast into prison; (Alma 62: 8-9; Book of Mormon)

This past week marked a new turn in the US’s “War on Terror”. This past week, the US Senate passed their version of the National Defense Authorization Act. The US House passed theirs earlier in the year. The most contentious point of this bill is the new ability given to the military. The ability to indefinitely detain US citizens during time of war.

Prior to this, the US military has had the ability to capture and detain enemy combatants that are suspected of terrorism. Most of these detainees have been kept in Guantanamo Bay. Very few of them have seen a trial of any sort. This ability is somewhat justified as those captured were taken during a time of war and there is a reduced ability to give them a speedy trial. As we read in the book of alma:

And those of their leaders who were not slain in battle were taken and cast into prison, for there was no time for their trials at this period. (Alma 51: 19; Book of Mormon)

However, there is no real justification for taking 8 or more years to give these prisoners a trial. We have the resources to do so. So while the military takes its sweet time to bring trials to these prisoners, they are asking for the ability to do the same to US Citizens captured on US soil. This is too much.

Is it justifiable to ask for this ability? Well, if you look at the example of Alma, the answer is yes, as long as the US is a battle ground. However, the US is not currently part of the battle ground. There is no fighting here in the US that would require this ability. Those that are captured in the US as parts of terrorism plots have the benefit of receiving a fair and speedy trial. Those captured in battle do not. If we were to give the military that ability, it would be a slap in the face of the US Constitution and the rights protected by it.

So why would Congress want to grant power to the military for this purpose? For me the answer is simple. They want to ability to continue the fear within the US over terrorism. The US isn’t a hotbed of terror plots and that is frustrating those in power who want to keep the wars raging on. The citizens in the US are becoming increasingly tired of war and Congress is looking to continue to remind them about these “threats” to our “freedoms”.

Just look at the recent DHS push for a program they call “If You See Something, Say Something.” They want people to be suspicious of one another. They want people to be afraid of every little thing that bumps in the night. With these PSA’s and this new ability to indefinitely detain US citizens without trial or charge, they can keep up the facade of terror.

This is not how we should be ruled. A people ruled by fear are not a free people. We must demand that our government not take away our rights. As the Libertarian Party Platform states:

The defense of the country requires that we have adequate intelligence to detect and to counter threats to domestic security. This requirement must not take priority over maintaining the civil liberties of our citizens. The Constitution and Bill of Rights shall not be suspended even during time of war.

War is not a reason to take away our rights. It never has and it never will be. There is no credible threat to our nation at this time. The battle ground is not within our borders. Attempts to bring the battle to our shores should not be made by those who promise to uphold the Constitution and defend our liberties. Our government has lost sight of its promise. They have effectively declared war on US citizens. It is now time to defend ourselves by voting out those who seek to limit our freedoms. Very few people in the House and Senate are living up to this promise. It is time to stop voting for more of the same “lesser evil” and vote for those who truly want to defend our liberties.

This coming year is a new election. We should be working hard to replace those in power with people of integrity and who love the Constitution and will truly hold to its limits. I have already promised both my Senators and my Congressman that they will not be getting my vote and I will be actively working to replace them with someone who lives and loves the Constitution. I recommend that you do as well.

UPDATE: In what can’t be seen as a surprising update, Obama has backed down from his threat to veto the bill and will now sign it into law by the end of the week. I really miss our Constitution and long for the return of its values and limitations to Washington.

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This Week On Techdirt: Nov 28 – Dec 2

December 3, 2011 Posted by zachary

This week I only managed to wring out 2 articles. It was a rather busy week for me. But the two articles I did get were important ones, at least as far as I am concerned.

Ubisoft Director Backtracks On Piracy Complaints After Public Lashing

This isn’t the first time I have called Ubisoft out on their inane aversion to PC gaming. It probably won’t be the last. This time an Ubisoft Exec is complaining about piracy and using it as an excuse to not release a PSN/XBox Live game on the PC. It is really sad especially when two developers from other studios are having tremendous success on the PC in spite of piracy.

Elvis Costello Tells His Fans ‘Steal This Record’

Elvis Costello wrote a very interesting article on his official website. In this article he called out his label for pricing a box set package at an insane price of $225. He thought the price should have been far lower. So he decided that his fans deserved more and told them not to buy the box set and in stead buy Louis Armstrong’s collectors set that was only $150 and had far better music according to Costello.

So that is it for this week. Tune in next week to see what else I have in store.

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Read Random Battles For Free

December 1, 2011 Posted by zachary

So I have decided to go with a little experiment. Since I am new to the Kindle publishing world and most of my writing has been confined to my blog and those other various places I have written, I have decided that the best thing for me to do is to offer the complete text of my book Random Battles for free.  Seriously, check it out.

The whole thing is available here on my website in web form. So feel free to read it, link to it, do what ever it is you like. If you like what I have written and would like a copy of your very own, you can buy it on Amazon or on SmashWords. By paying for a copy of your own, you will be supporting me as I continue to write. I have two more book in that series I want to write plus another book covering legal issues games have faced in the past.

What I plan to do with the money raised from the book is use it to help me get on the path to working full time on my game company with my brother. We really want to be able to do that instead of working for other people. I will also be able to use that money to help me write more on my blogs that you all love so much.

So check it out.

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