Not a bad idea, but why does this only apply to games? I prime example of other software this would have benefited is AutoCAD. People who refused the conversion to a subscription, and maintained their "lifetime" licenses, where shut down after a couple of years.
Bill to block publishers from killing online games advances in California
211–220 of 506 posts
Re: Bill to block publishers from killing online games advances in California
#212It seems like the fair solution to this problem is to open source server code if you are going to cease support for an online game. That way the community has the opportunity to run their own servers if they want to. I also really support giving 60 day notice if an online game is going to shut down. Places I have worked have had policies like that for games they are sun setting and I think the best game publishers th…
> open source server code if you are going to cease support When I was a senior exec at a big public tech company, there was a product we decided to discontinue and we thought would be nice to just open source. Somehow I ended up in charge of managing that process and was shocked at how complex, time-consuming and expensive it was in a multi-billion dollar, publicly-traded corp vs some code my friends and I wrote. Le…
> Legal had to verify that there was no licensed library code used and that we had clear, valid copyright to everything there.
I can tell you the other side of that equation. There's no poison pill -short of outright fraud- that will kill an acquisition of a software company, than open source code embedded deep in the product.
I've been in both sides of the table of M&A activity, and in the due dilligence, smart acquirers will always look at the code and libraries in use. If there's anything that even has the hint of open source, that is heavily scrutinized: what is open source by default can't be owned by anyone and if it cannot be owned, it doesn't have IP value.
Most deals that ran into this issue would stop dead in their tracks, and it would take a while to spin back up, that is if the deal went thru at all
Re: Bill to block publishers from killing online games advances in California
#213Earlier quoted context omitted.
> open source server code if you are going to cease support When I was a senior exec at a big public tech company, there was a product we decided to discontinue and we thought would be nice to just open source. Somehow I ended up in charge of managing that process and was shocked at how complex, time-consuming and expensive it was in a multi-billion dollar, publicly-traded corp vs some code my friends and I wrote. Le…
> open source server code if you are going to cease support > Legal had to verify that there was no licensed library code used and that we had clear, valid copyright to everything there. I can tell you the other side of that equation. There's no poison pill -short of outright fraud- that will kill an acquisition of a software company, than open source code embedded deep in the product. I've been in both sides of the…
Open source is a pretty broad umbrella. I doubt a company would say Slay The Spire 2 was poisoned by Godot and that there's no IP value.
Re: Bill to block publishers from killing online games advances in California
#214Earlier quoted context omitted.
Game engines/code aren't all open source. The game developer might not have the legal rights to release the source. Also, does this stop at games? Why not any online service ever? Why not any program at all?
Gaming might be unique in the sense that it's the only industry where 1) consumers make a one-time purchase of a product, but then 2) the manufacturer remains responsible for the online component.. forever? I can't think of any other examples in real life where this happens across an industry (maybe a few niche products). Maybe this is the reason MS has been pushing Game Pass so hard, to get rid of the "purchase" par…
Re: Bill to block publishers from killing online games advances in California
#215Earlier quoted context omitted.
What are the insurmountable obstacles to releasing the server code for the community to run?
As I understand it, the obstacles are mostly legal. Our development team would love to just throw the code on GitHub.
Re: Bill to block publishers from killing online games advances in California
#216Earlier quoted context omitted.
Gaming might be unique in the sense that it's the only industry where 1) consumers make a one-time purchase of a product, but then 2) the manufacturer remains responsible for the online component.. forever? I can't think of any other examples in real life where this happens across an industry (maybe a few niche products). Maybe this is the reason MS has been pushing Game Pass so hard, to get rid of the "purchase" par…
> I can't think of any other examples in real life where this happens across an industry Vehicles? Maybe not necessarily forever, but I'd expect the large car manufacturers to all still have some level of support for a 20-year-old car...
Re: Bill to block publishers from killing online games advances in California
#217Earlier quoted context omitted.
> open source server code if you are going to cease support > Legal had to verify that there was no licensed library code used and that we had clear, valid copyright to everything there. I can tell you the other side of that equation. There's no poison pill -short of outright fraud- that will kill an acquisition of a software company, than open source code embedded deep in the product. I've been in both sides of the…
I don't follow. What IP value is there in game server code? I would wager usually none. And I would imagine the amount of games made without open source software somewhere in the stack could be counted on one hand. Open source is a pretty broad umbrella. I doubt a company would say Slay The Spire 2 was poisoned by Godot and that there's no IP value.
Re: Bill to block publishers from killing online games advances in California
#218It seems like the fair solution to this problem is to open source server code if you are going to cease support for an online game. That way the community has the opportunity to run their own servers if they want to. I also really support giving 60 day notice if an online game is going to shut down. Places I have worked have had policies like that for games they are sun setting and I think the best game publishers th…
> open source server code if you are going to cease support When I was a senior exec at a big public tech company, there was a product we decided to discontinue and we thought would be nice to just open source. Somehow I ended up in charge of managing that process and was shocked at how complex, time-consuming and expensive it was in a multi-billion dollar, publicly-traded corp vs some code my friends and I wrote. Le…
Re: Bill to block publishers from killing online games advances in California
#219It's better to have more offerings on the market, even low quality ones, than fewer. Limiting the low quality offerings does not result in high quality ones naturally emerging to substitute them. It just leads to fewer offerings.
There are two things I think that low quality offerings are good at doing. First, they're good at experimenting with new features. If it's very cheap to try a new feature, because the cost of deploying a new game is quite low and you're basically pumping out a bunch of marginally valuable games, then new features get iterated on more quickly. That eventually flows back up to the better quality games. The second benefit is that it meets some niche needs, where a certain player wants something that's very unusual or otherwise non-existent on the market. And this 5x9 half-baked game provides it. Again, it's very few people who want this feature, but there are a huge number of features like that. It's a very long tail.
I moderate an online community and we introduced democratic rulemaking and people kept proposing and then voting in rules to restrict this or that kind of post because it was low quality or distracted people or whatever and eventually the forum became so much less usable because of the cumulative effect of all these small restrictions. That effect of making the forum less usable was most pronounced on newcomers, who didn't know all the rules and basically couldn't break in because of the barrier to understanding how to generate content that complied with the morass of restrictions.
Re: Bill to block publishers from killing online games advances in California
#2201. If a game no longer works then the publisher loses copyright protections. This would often apply to online-only games. There are other games that are a mix of online and offline play that should be treated slightly differently;
2. If the hardware to run a game is no longer sold (eg legacy consoles), then there should be copyright protections for anyone making emulators to make the game work;
3. After a certain period of the underlying hardware and game not being sold, the game itself loses copyright protections. Say... 5 years? Maybe even less;
4. Loss of any online services sold with a game should mean that there is no copyright claim against third-parties making their own servers.
Making a game server isn't necessarily that hard. Forcing companies to open source their servers is problematic and may not even be possible if, say, the studio shuts down. Gamers are a resourceful lot however. I mean, just look at emulators. They can make their own servers if they need them. Just make the law indemnify them against copyright claims if the studio/publisher has switched off those online services and the problem will largely take care of itself.
The rest is just treating games like orphan works. There was a time when identifying a copyright holder was hard and extending copyright had to be actively done or it just expired. If they abandon a game this way, they should effectively just lose copyright (IMHO).
I expect this to be somewhat of a forcing function. If a studio really wants to maintain copyright to a game they no longer sell for a console that nobody makes anymore, then porting it to Steam and continuing to sell it is their path to maintaining copyright. And that should make it playable still.