Category Archives: Gaming

What is the mission?

This is not about Russian jets, I feel that some members of the press are only now realising certain elements in that case (better late than never) and in addition, the second element towards the cauldron filled by the demons of idiocy will require a little more investigation (legal papers can be consuming, with an exam due on Monday that part must wait). What is interesting is the article by Keith Stuart called ‘Has video game reviewing become an impossible task?‘ (at http://www.theguardian.com/technology/2015/nov/25/video-game-reviewing-critics-industry). He starts with: “four of the year’s biggest releases – Fallout 4, Call of Duty: Black Ops 3, Star Wars: Battlefront and Rise of the Tomb Raider – three stars out of five. All are decent in a lot of ways, all have intriguing ideas and look beautiful – but each of them is lacking in fundamental areas“, of course with my passion in there (fallout 4) that 3 out of 5 is not an acceptable rating (perhaps I am slightly biased). Now by itself, Keith is very much allowed to give that rating. It is his view, his review and as such I will not become an anti-Keithereen, however I still disagree!

I will skip both Call of Duty and Star Wars battlefront. Apart of not having played them, I am not a fan of either title, which is a massive issue when reviewing games!

Yes, you can remain neutral, you can look at a title academic, but how many academics can truly explain to you a poem or a painting? These items must be heard and seen, reading about them is often not a workable solution. In this, you must rely on the names of reviewers who are enthusiastic on that type of game. Yes, we can get a good indication of any game, but the non-fanatic will more often than not miss things, if that person did not miss anything, we must allow for the notion that the article gets to be ‘coached’ by the game makers. This is not something we want to see, especially when we consider the results from Ubisoft these last two years.

In this paragraph I will illustrate what I mean by giving a view, which will be revealed at the end (no peaking readers! see if you can make out what it was).

When I look to my left I see a man in pink, well groomed standing between a couple naked. They are outside and I notice the bunnies, a cat, blackberries, with blooming trees and a little pond in the foreground. When I turn to the right, I see what is either a gangbang or an orgy. I cannot hear the music, but there are plenty of musicians and no one in that crowd has any clothes on, I see a lady holding what seems to be a wine can, I noticed her firm breasts. She does not look happy, I think she is the waitress and this is the outfit of the evening. The other guests are enjoying the company of each other and they seem to leave the lady alone. In the distance I notice a mill and a castle burning. Perhaps this is what they are celebrating? I cannot tell! In front of me there is another garden party, none seem to be dressed. The people are talking and eating fruit. I see it all form a distance, I am not invited to this party.

You might find the paragraph weird, but the explanation will follow at the end.

You see, I do not disagree with the Rise of the Tomb Raider review, I would have given the same, but only because of the graphics, which are sublime to say the least. The game is not unlike the previous game, too easy to play and to finish, not that large in the end and repetitive and scripted items are too common in this game. I would state that this game is, to some extent, nothing more than a next generation version of ‘Dragons Lair’. I felt massively happy that I did not pre-order this game. When the game gets priced down to $29, I will most likely get it, because the graphics are truly amazing, no doubt about that. You see Fallout 4 is definitely 4 stars. As a fan I would like to give it 5 stars, but there are flaws and there are a few glitches (which is utterly unavoidable with a game of this size).

Now we get to a few quotes that bothered me: “The reviewer would then play it for a few days, often to completion” the second quote is to the point: “There were occasions where reviewers were forced to assess an incomplete version of the game, in which case the publisher would send a list of known bugs and beg that you ignore them, because they’d all be sorted before release“, I have been there several times. I had no issue with that, yet in the old days QA was a lot better dealt with by software houses, whilst the game makers are pushed by their marketing department to push out as soon as possible and rely on patches. So Keith is correct here, in the old days there was a straightforward process. In those days the makers were in charge, not its marketing department. Then we get “Nowadays, publications determined to get a review out on day one will be asked to attend special events, where access to the review code is strictly controlled and monitored” They did exist in the old days too, but they were pretty rare. In several of those cases it involved a gold master for let’s say PlayStation and only a developers system could run that, so going there was pretty essential. I had a few of those visits to London where I went to Virgin Interactive Entertainment. Whilst on the way back I bumped into Richard Branson and shook his hand, apparently it was Noel Edmonds (from Noel’s House Party), so I had that little embarrassing moment to survive.

This brings us to the event where Keith hits the nail on the head: “These days, you’re not a consumer when you buy a new game, you’re an investor. That’s a weird psychological leap to make“, I agree and I do not totally agree with the setting there. When we take a beta game as an early adopter (like Elite Dangerous) I get it and that is fair. When we look at a $110 full game that is incomplete and lacking it becomes something else. We again get to Assassins Creed Unity, which should never have gotten the 80% ratings that many gave, especially with the lack of stability, the bugs, the glitches and a few other failings. Any reference to ‘new console’ should be ignored as Black Flag did not have those bugs (as far as I saw). Personally I believe that software houses are more and more blocking reviews when their release is flawed, the fact that in light of AC Unity there were stories about embargos and NDA’s, which only made things worse.

Yet Keith has more gems to offer in the article: “Since the very beginning, game reviews have operated in a confusing no man’s land between arts criticism and product assessment“, this is where I agree almost completely. In my view it is a merging of both, without the console you cannot play, without the insight of the art you cannot comprehend, both are required. The third element here is the topic, the theme or the environment. You must have a certain feel for it, because without the third part the game will not be adequately be dealt with, the review of a product the reviewer did not understand. I will try to explain it. In those days we had ‘Myst’, which now seems to be ‘the Talos Principle’. If you have no patience for puzzles and mind boggles, you will miss out on the game. In my days there was Myst, I played it to some extent and the graphics were beyond believe, but I never got some of the puzzles, which meant that you become an aimless ‘clicker’ on objects, hoping that something will react. That takes away from the experience as frustration will set in sooner rather than later.

The next part is a little less agreeable. “Reviews would compartmentalise each game into its constituent parts – graphics, sound, playability – with each often separately rated in ever more complex conclusion boxes. This approach reached its logical conclusion with the 1980s magazine ACE, which reviewed games out of 1000, and provided a “predicted interest curve”, which attempted to map out the longevity of the game – like the lifecycle of a vacuum cleaner“, I disagree here. Yes Keith seems to state his view decently, but he forgets a little part here. When we see Rise of the Tomb Raider, we see a 30Gb game on a Blu-ray, yet the very first one Tomb Raider on PlayStation (one), offered 300% more gaming, challenges and puzzles on a disk no more than a CD (600Mb), when you know that you will be playing this for MONTHS longevity becomes a factor. And in those days there was no internet with cheats and walkthroughs, you actually had to get through the game by yourself, or with friends giving you clues (many false ones). In those days Lara was truly exploring stuff and as a result so were you. I still remember those final bosses and how one if the very first secrets in level one was one that I did not solve until much later. The massive increase of graphical quality should also not be ignored, that part has been continued, but as the games are now almost utterly flawless, the size of the game seems to be a mere fraction of that what was.

Yet, this is not a given, you see, RPG’s only became bigger, much bigger. Fallout 3 and Fallout 4 show this (as does Skyrim and a few others). I personally believe that the games are not more complex to review, for the most the makers are now too scared on any level of quality critique. So as Fallout 4 got 3 stars from Keith, the makers will have seen this game as a clear 5 stars (I remain at 4 stars), which is at the heart of the issue as well. Marketing fears the reviewer because they lose control at this point, which gets me to Ubisoft and their embargo and NDA. I have only faced one NDA ever, that was from Adobe and they had the valid reason as I got access to the product several months before release. So basically I could prepare the review and much closer to the release date (I believe roughly a month before the official release). I got the final product to write about and upgrade my initial article. That is a valid part. Game makers have for a larger extent lost the visionary part that the old makers had, which is also part of this situation. It is not just the reviewer, it is the product! Keith does go there! He quotes: “But unlike books or movies, games are now evolving platforms, open to updates and improvements“, again I disagree. The game in its core foundation should be the reviewed product. ‘The last of Us’ is an amazing achievement all by itself, ‘Left Behind’ is just an additional element which is totally worth the extra cash. The relaunch of Tomb Raider for all its graphical brilliance was not. There is another side to the quote of Keith and it does matter. When we see Skyrim his words do definitely hold meaning, but in another way. You see Skyrim was a complete product, people played it and then they improved upon it. Even today, 4 years after release that game is still being improved upon. Console players like myself miss out and for all the options I am jealous not having a decent gaming PC. That is seen in https://www.youtube.com/watch?v=OCU862nVpJ0. Here we see some of the most incredible graphics. 4 years after release that game can be replayed and the amazement of graphical brilliance will overwhelm you. So here we also see longevity in another way. Bethesda created a game that allows people to enjoy the RPG world for a lot longer than we bargained for and as such we will anticipate an almost equal evolution and the first mods are already available. This takes care of the RPG, but I will not increase the score for that reason because it would not be fair to the other game styles. The issue is that Fallout 4 is massive, even as I relaunched the game, find places I missed the first time because I turned right instead of walking on the same road. Houses that are not on the map, places with some lovely items for my survival. More important, Fallout 4 is nothing like the previous version. In the previous version repairs was important, now guns will not break, but evolving weapons into something a lot more powerful (believe me, you will need that). The game has elemental differences which makes for an evolved game, which makes it partially a new game. My old tactics did not work as well as I expected which was awesome! Evolving new tactics is part of the fun. I heard that there is even an option to get through a big part of the game without killing the animals, how is that for a challenge? Yes, Fallout 4 is my baby so I give it a higher rating, not the highest as I am a realist. Yet my version does not invalidate Keith’s view.

Keith ends his article on strong curve: “All art forms are subject to erosion, but with games, that impermanence is now built in like a self-destruct mechanism. As a consequence, reviewing games is like reviewing a relationship: you only know what you have in that moment, and even then, nothing is certain or solid. Both the author and the reader need to understand that now“, it is a good view to have, but is it relevant? The impermanence is only founded on multiplayer issues. The solo part of a game remains a reality for a long time. Metal Gear Solid 4: Guns of the Patriots can still be played and as long as the PS3 is around the game remains playable. Keith is right, Mass Effect 3 multiplayer will at some point stop, but with Destiny it is all multiplayer, so like World of Warcraft, the game will evolve, the servers will evolve and we will end up with an upgraded version, this does not invalidate the previous review, it would only validate the newest review. I also agree that reviewers need to adapt, but in all this I disagree with the title, reviewing a game is not an impossible task. It just requires the right editor with a good set of balls and mentoring skills, because the best reviewers tend to be younger and they lack journalistic skills. Now for the conclusion, I promised to talk about the ‘description’. I was looking at The Garden of Earthly Delights by Hieronymus Bosch. I shows that I am not an art critic and I left out a few details too (on purpose here), yet what items would I have forgotten? That is the part that matters, that is why a level of passion for certain games are required. I will never review GTA because I personally do not like that game, it needs to be reviewed by a fan of that play style with a firm foundation of realistic reviewing. In all this do not forget that you do not have to agree with me and that Keith is from his point of view not wrong, I just think he was not correct, which is not the same. My view evolved from reviewing games all the way back to the VIC-20, the beginning of the 8-bit era, a lifetime ago.

And it is merely my view on the matter.

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Forced Discomfort

It is a term you might not know, but this term is central in the current Xbox One debacle. You see the Windows 10 update came with a massive setback, you now have to be online to validate your profile and to play games. The first of a few steps that Microsoft is undertaking, undoing the events of 2013 and to get back on track. Now if you look at Xbox support, you will find that the Xbox now has an ‘offline mode’.

The page (at http://support.xbox.com/en-AU/xbox-one/networking/using-xbox-one-offline), shows several parts, let me show just two that matter:

You need to be online to experience everything Xbox One has to offer, but when you’re offline, you can still:

  • Sign in to your profile, but only if you’ve signed in online before. This includes the Kinect automatic sign-in mode, if you set that up while you were online.
  • Play games, if you have a disk or you’re on your home console (see About My home Xbox to learn more).

Now the second part, a side that was NEVER an issue before:

There are some capabilities that you need to be online to use, such as:

Playing games that require online sign-in, even for a single player.

Now, this has happened with games that came from the Microsoft Store that is not a secret, but is that the only occasion?

As for the steps to do this:

How to go offline

  • Scroll left on the ‘Home‘ screen to open the guide.
  • Select ‘Settings‘.
  • Select ‘All Settings‘.
  • Select ‘Network‘.
  • Select ‘Network settings‘, and then select ‘Go offline‘.

Your network status will change to offline. To go back online, follow the previous steps, but in ‘Network settings‘ select ‘Go online‘.

Here is the massive issue as I see it. With computers and laptops this was never an issue. You go home, you either connect the network cable or the router could be automatically found. No interaction required. The Xbox360 had exactly the same parts. If I wanted to be inline, I connected the network cable for the time that it was needed. It was never an issue. In my case I had one network cable and one free connection and two consoles, this is why I did that. Even today I am faced with this on the PS4 and the Xbox One. In addition, I see no reason to be ‘connected’ all the time. So why is this now such an issue?

As I see it, this mandatory online is not really mandatory, but as I see it Microsoft is forcing us online, or to be connected and by changing the premise by having to set the network offline and online, we will eventually tire and be connected all the time. We do not win here, only Microsoft does!

This is called ‘forced discomfort‘. Which comes from the Forced Choice Scale of Discomfort. This we get from the 1987 work of J. H. Bernardin in the Academy of Management Journal, 30, 162-173. Development and Validation of a Forced Choice Scale to Measure Job-Related Discomfort Among Customer Service Representatives. This is only one approach to it all, but it is the foundation of what we often face today. The man is a decently brilliant Psychologist and has worked on many projects. In this specific case we use a force choice scale, which was developed to measure discomfort based on characteristics of a specific job. You get to choose 2 scenarios, which causes the most discomfort. For example:

  1. Having to listen to someone’s point of view with which you disagree (perhaps this blog).
  2. Your work is closely monitored (loads of examples).

Now knowing the forced scale will influence our reaction to the situation and Microsoft was entirely unpleased with our desire to remain offline when we prefer it. They prefer a steady stream of data. Now take the previous setting and consider the following statements

  1. Having to patch a game regularly.
    b. constantly adjusting your network settings.
    c. Having to synch save games.
    d. Having to change the disc of a game whilst playing.
    e. Switching the batteries in your controller.

Which two would be your most discomfortable ones? Now, in all fairness I should have added 15 more items, but the chances are really great that network settings would score high, which is what we face now on the Xbox One. There was no need for any of this on the Xbox 360, the PS3 and the PS4, so why is this an Xbox One issue?

Because Microsoft wants to return to the 2013 issue that they need data of many kinds. Even if they are not privacy driven. For them to know exactly how many gamers are online playing, the amounts of hours connected is all data they would love to have. None of it goes back to your identity, so there is no privacy issue, but that level of data details one that they can charge game makers for, and they could end up charging a lot.

This is why I am so angry with Microsoft, because as a consumer I feel betrayed! Now consider your desktop and laptop (if you have them), do you need to switch your settings to offline? No you don’t! So if Microsoft can figure this out on those systems as well as the Xbox 360, why make us go through these events?

As I see it, the only conclusion I get is that they have ulterior motives, motives that are not for the consumers that they should be serving as the consumer paid for the device. In this regard we could consider another paper by John Bernardin, namely ‘Conscientiousness and agreeableness as predictors of rating leniency’, you can probably guess the next part. Why should we show leniency towards Microsoft in any way, shape or form? Was their act of backwards compatibility a way to create agreeableness?

And as Microsoft stated on the 12thwe put fans at the centre of everything we do and wanted to make some big changes‘ (at http://news.xbox.com/2015/11/12/new-xbox-one-experience-begins-today/), then why do you keep on pushing for mandatory login through forced discomfort? It seems that you never had any ‘fan’ in the centre, only your own greedy need for a stable stream of connection data! The fact that the press remains oblivious to all this makes me wonder what else we might be forced to face and a third test will be done next week to ascertain a few more items. I do not know what the effect will be but I will explain that fully in the next (and perhaps final part) of all this.

I have no idea whether people will catch on before thanksgiving and Christmas in the US. Even purely Windows 10 has a few issues. Forbes reported: “While the option to disable is nice, ‘Windows Update Delivery Optimization’ (WUDO) is another example of where Microsoft should be more transparent with Windows 10 and let them know upfront what their devices will be doing behind their backs by default” (at http://www.forbes.com/sites/gordonkelly/2015/08/02/windows-10-vs-windows-8-vs-windows-7-whats-the-difference/), so what else does the new Xbox OS push for and Microsoft has not been upfront about it?

I still have an issue with non-stop online. This might be my own paranoia, yet as we see computers getting hacked into (often due to stupidity of the user), having a power core at your disposal as they turn your console into a botnet. Is that such a stretch? No!

Consider the following data: “the slides from Frank Savage’s presentation at Build 2014 along with the audio of the same. We noticed the fact that Xbox One runs Windows 8” Now this will be Windows 10, so having an app that becomes a remote botnet is not a stretch and by the time people start to consider that their console is doing a lot more than walk ‘the wasteland’, we are confronted with a few hundred thousand consoles, all playing ‘spam the neighbour’. Now I am not stating that Microsoft is not taking precautions, but so far every windows version has been breached multiple times. Soon consoles will be also forced to consider additional apps to protect against such intrusions, it is the price of being always online!

Is it an immediate danger? No it is not! I am not stating, suggesting or implying this, but we know that EVERY Windows system has had its flaws and so will the Xbox One. Often not dangerously, but when a console is always reachable that danger just increases. This is my personal issue with always being connected. It is why I am sparingly connected (and because I have one wire for more than one console).

But I diverged from the initial issue of forced discomfort, I did so intentionally so that you realise that consoles have many sides, they often have more options and powers than the average gamer realises. This is not a bad thing, but in all this that realisation is also linked to the sequence of events as they are now playing.

When you realise that your system can do more than you realise, it will give on the other side of the coin the statement: ‘you can lose more than you think because you never realised that you could have lost it’.

That requires a little explaining. Consider ‘you cannot lose what you never knew you had’ and ‘things can be removed from you when you realise that it was an implied gift, not an actual one’. The first one is often shaped into: “you knew what you had, you just never thought you’d lose it“, a statement that might be true, but I do not agree with it. You see in my view, when you lose you never knew you had, you stop your own evolution. The realisation of new is at the core of growth, which takes me to the second part. An implied gift is still a gift, having it taken away is not wrong of debatably criminal, it is merely an act that stops your evolution. For as you lost elements of growth, your actions become empty. This is why I am so against the entire situation. For the most, I was never a multiplayer man, so I never missed multiplayer, yet I learned that Mass Effect 3 came with plenty of grudges and complaints, yet it also came with the best multiplayer experience ever! Mass Effect 3 was the founding father of me remaining a Gold Live member. Even if I no longer play that game in any way shape or form, that game put Gold on the map for me and as such I evolved due to a part I never knew I had. In that same instance, the implied ownership is still an issue, because even though I no longer play it, the Mass Effect 3 Cerberus system is an implied gift, not an actual one. At some point Mass Effect 3 will no longer be multiplayer, no longer work online. At that point our multiplayer evolution stops (until the next game comes along). Even as I ‘demand’ that my single player game will forever play on the intended console, I will never expect a service like multiplayer to remain active. In that same light I expect a game or preowned game to always unreservedly work on the console version it was made for, but in that same light I see multiplayer as a service, which means that a separate multiplayer is not transferable. This is my personal handle on the things that play, so in that same light, being able to play offline without forced discomfort is a given right, not a managed service. As Microsoft is pushing us to be all online (in the approach given to us in 2013), we should all lash out against Microsoft for leaving us betrayed.

There is also an additional issue when we consider ‘section 7b’ of Microsoft’s Services EULA where we see “may automatically check your version of the software and download software update or configuration changes, including those that prevent you from accessing the Services, playing counterfeit games, or using unauthorised hardware peripheral devices“, I do not have an issue with that. I buy my games, all my games! Yet these changes also allow for hunting those who ‘alter’ their Xbox so that they can do something that is called jailbreaking on iOS. These people (to the larger extent) are not interested in pirated games. These people want to play the latest games the moment they are released in Tokyo or the US. They do not want to wait a year for the ‘altered’ edition, they want to full Japanese experience. I get that and I am partially on their side too!

But these changes will not only make those acts no longer possible (which is debatable whether it should be allowed or not), but the second hand gaming world could in equal measure be blocked soon thereafter. Whether this will come true cannot be predicted, yet as Microsoft broke its word on not online gaming, what else will they regard as ‘flexible’?

The fact that the press is still not regarding the online login push as a fact is also a worry, because this was at the heart of the 2013 slump in pre-orders for the Xbox One. So why is no one else picking this up? One friend of mine did state that most people are always online and they do not care. Which is fair enough, yet those people chose this, so why force the others? Is that not a valid question too?

This all links to the premise behind this all. Microsoft marketing might state: “Microsoft will do what is best for you”, but from my evolutionary mind, the premise should be “I know what is best for me“, Microsoft has no clue what my needs are and they will never realise what they are when they push me for setting I am unsettled with, how can that lead to a good experience? I came from DOS, VMS and MVS and I grew into Windows 95 (and Mac OS), we all grew from one system into another one, yet if you allow yourself to be pushed into a system you do not understand, at that point we can only harm ourselves or what we represent (our data and our actions). So as we get pushed into a new system with new rules and changing terms of service we must start to realise that remaining agreeable and lenient is no longer an option, especially as the press is extremely willing to side with whomever advertises the most. Now it is time to address my own implied issues. You see, from my point of view this is not a mere issue, how come that the press is not all over it? I can’t be the only one who saw this element, I am not the only one confronted with the issues as presented with the latest OS update on the Xbox One. So why is no one seeing this? It could all just be me, but if that is the case, we could play online and offline by merely switching off a router and be able to play again without having to login, but that is not the reality I see. What I see is forced discomfort, is it just me or are you realising that switching off your Xbox router comes with setbacks and why is that?

We all need to start asking questions and Microsoft should give us some straight answers.

 

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Without even thinking

As I see it, Microsoft did not learn from the massive act of idiocy that Don Mattrick bestowed upon the Xbox One, when the quote “Microsoft’s Don Mattrick has addressed concerns about the compulsory connectivity requirements of Xbox One. ‘Fortunately we have a product for people who aren’t able to get some form of connectivity; it’s called Xbox 360,’ said Mattrick. ‘If you have zero access to the Internet, that is an offline device’”, the blowback in 2013 was massive and as such Microsoft had to take a few steps back, mainly because Microsoft had lost the trust of the people through the mere lust of data.

And now, without even thinking, Microsoft now does exactly that same thing as they rolled out Windows 10 on Xbox One. Once you have updated, you cannot play any games unless you have signed in online. A mandatory sign in! I reckon that Microsoft has now moved beyond a certain point, it is called betraying your customer base, so fuck you very much Microsoft!

Thank god there is Sony!

Without even thinking they pushed it out, forcing mandatory internet connectivity, the threat that made people jump towards Sony due to ‘the Mattrick equation’ will now assist to soar Sony’s PlayStation 4 even further. So if Phil Spencer gets a lovely bouquet from Andrew House we will all know the reason. So as this mistake was made just in time for the people of America just before Thanksgiving and for all other people before Christmas to cancel their Xbox One order and change their order to a PlayStation 4.

There will still be an issue for me; you see to keep the PlayStation competitive it needs a nemesis. If we accept that the Xbox will run dry another solution needs to be found. Perhaps Google will father a sibling next to their console and make one for true high level gaming. Perhaps it will be an upgraded Steam based reality, perhaps something truly new. They might be the only one who can replace Microsoft. I reckon that is not the only field where Microsoft will lose. As it has ‘mesmerised’ the media with a massively overpriced tabled with a soft keyboard (the Surface 3) at almost twice the price of the most powerful iPad, being at almost 400% of a Chromebook that can be stronger from the word go by inserting an $80 CF card you get the 32Gb storage the surface has (they have bigger models too), yet these CF cards can be switched in mere seconds. This is not me becoming anti-Microsoft, this is me informing the consumer that they should not take any ‘easy’ path but they should consider that alternatives should be considered. The fact that Microsoft becks out on their earlier promise, how long until they break other promises? What options will they have AFTER they paid $2293 for a Microsoft Surface Pro 3?

Yes, we cannot deny that there is still a market for Microsoft, but they are now pricing themselves out of a market by no longer being reliable, because how long until every device is forced onto the land of THEIR cloud systems and how private will your data be? Part of that was addressed by ZDNet today, the rest (the press at large) seemed to have ignored the Xbox issues. Perhaps they decided to hold out for advertiser’s funds like hungry debutants! Yes, the press is not the reliable force of true information it ones was.

ZDNET gives us another part that connects to this (at http://www.zdnet.com/article/microsoft-updates-privacy-statement-addressing-concerns-from-critics/), stating “Microsoft recently revised its global Privacy Statement, with a few minor changes and some significant additions aimed at cooling overheated privacy concerns“. The article is for the most about the user’s privacy and it goes into lengths to do that, so if you fear your ‘privacy’ then read the article and fear no more. The article addresses it quite clearly but then stops short of dealing with the mandatory login (which was not part of the article in all fairness), which is now one step away from ending preowned gaming. An entire economy now in direct possible threat.

But back to the consoles!

The fact that this escalation has happened is also a blessing now, because as people realise before Thanksgiving that whatever Microsoft device is gifted at thanksgiving, it will be the thanksgiving present for Microsoft, not for the intended person that would be the recipient of the console, so How crazy is that?

Thank god we have Sony!

Between now and late 2016, the PS4 will have 15 titles on its sleeve that are PS4 only, some of them have been jaw dropping, as such PS4 remains the compatible system that does not demand you to be online, yet until the Achievements remain offline, that part is not too realistic. Sony has in addition kept its word throughout the PS2, PS3 and PS4 era, something that cannot be said for Microsoft as the promised backward compatibility on the 360 was not delivered on and now that it has some backwards compatibility, the issue of being forced online is a massive setback to gamers all over the world.

Thank god we have Sony!

Sony is not without flaws either, yet this level of backstabbing has never been ‘offered’ by Sony, which gives Microsoft now a massive disadvantage with Thanksgiving and Christmas just around the corner, so the gap between Sony and Microsoft could widen even further. When we consider that Sony has a 2:1 growing lead and even as the Microsoft Marketing engine is trying to flog statements like “Sony PlayStation 4 sells 22 million, but Microsoft has backward compatibility“, whilst not revealing that online presence on a daily basis is now mandatory gives food for thought and the served meal is no longer that appealing.

In all this if Xbox takes another massive hit, so much the better, they need a little humbling experience, because even though the gamers tend to be online, to be forced there is not what they signed up for and if Microsoft is breaking its word, what else will it break its word on? Pre-owned games perhaps? Because if this is where gamers are going, they will be happy to switch trains any way they can. Microsoft just didn’t realise the impact of that move, the worse for them I say!

In the end, what are the fact of life? The people do not mind being online, they mind being forced there, no matter how we feel about some marketed stream of ‘media’ like the Sydney Morning Herald (at http://www.smh.com.au/digital-life/games/xbox-one-finally-finds-its-feet-with-backwards-compatibility-gamesfocused-dashboard-20151115-gkzq7p.html). Is it not interesting how Tim Biggs remained unaware how people MUST be online now so that they can sign in?

Thank god we have Sony!

Yet in all this, we have ignored an alternative player, perhaps they will come with a new console called ‘the Black Hole’, a device that equals the next ‘PS4+’ allows for gaming, internet and streaming. That has an interchangeable drive and can be the centre of your devices to you can synch your mobile and tablet. All things the gamer does, all this whilst he/she plays a game, by themselves or with/against friends. Connected was never the issue, it was the non-consensual part that had everyone miffed, so if you do something you truly want, yet you get there without consent, does that not equal getting screwed over?

They did that to you without even thinking and the press stayed silent how lame is that?

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Seeking the next stage

As we move towards the end of an era, exams, some move towards a new life and towards other challenges and new games. Tonight the start of Fallout 4 begins, too busy to make a real dent in it, but I will take a peak. I did take a peek at Assassins Creed in another way. I did not buy the game for the reason that Ubisoft has disappointed twice now, thrice including the latest one. As far as shown it does not have the massive issues that Unity had, but overall it ends up being more of the same. The finale is completely over the top, but at times one must allow for that. Like all previous AC games, the graphics are beyond unreal, but that is it. The AI of the opponents is still out there, the control, or better the consequence of assumption by the game engine is also still out there, just like in Unity. In all fairness those who want more of the same will like it, partially I want it too but too many irritating moments where Assassins Creed is controlled by the Prince of Persia team and I hate that part. In some instances loading took forever, but that was a PC edition so there are a few elements in play. Even after the introduction when you arrive in London will you get into a squirm who lifts your pocket, you chase and then you need to fight someone (2 persons in this case) Assassins Creed 2, AC Brotherhood, 3 and Unity anyone?

Of course there is more ‘synchronisation location’ here, but that is the one repetitive element I do not object to that much. It shows up the graphics (which has always been awesome) and it is one way to upgrade the map, but that is it, upgrading the map, not buying what you must seek, but upgrading what any synchronisation offers. Did no one at Ubisoft consider that? Oh and again chests all over the place, in the age of Queen Victoria, do you really think that a chest only you will reach has silk money and other things waiting? I can go on for hours, but if you like the game, you will get it, if you don’t you will not bother reading this (which is fair enough), so after that part it is time to get onto the next game. It will not be Fallout 4 as that game is 3 hours away. At the end of the month the GOTY edition of Bloodborne will arrive. Now, this game is not for the weak, it is near impossible to play and I have not been able to finish this game. Yet, I will not give up because it is graphically one of the most beautiful games I ever beheld. All this whilst I see another part of AC Syndicate passes my eyes with particular view on the bad scripted AI and the glitched civilian reaction to you the player. The reason for both games is that both have awesome graphics, but as Bloodborne is unplayable because of the high challenge level, AC becomes almost unplayable due to the faulty approach. If AC had no glitches but remains unplayable because the challenge is massive I would end up revering the game as I did in the time of AC 2 and AC Brotherhood.

Yet here is the kicker, is it all me?

I have always shied away from racing games as it was never my cup of tea, RPG and stealth games were. This is why I have had massive issues with the AC range, but is that fair? I believe that my view matters here, but it is for you the reader to decide how my view adheres to YOUR view of the game, because it is about you the gamer! I can only offer my view and hope that your view is enhanced, nothing more. Whatever you truly enjoy is what you enjoy, so keep that in mind. Another game to keep in mind in November is the nextgen release for Deadpool. Now consider the next paragraph.

In the first I was never a fan of that comic, never followed the character and never played the console editions. There are a few things on this game. It is one of the most politically incorrect games you will find at present. It looks nice graphically. It is smooth, the graphics have a nice comic book look to all of it. So as the doorbell goes and the narrative goes ‘let’s forget about the boobs and go for pecs and biceps’ you know that this gamer is decently over the top. So as you learn how to control Deadpool in original new ways.

So even as you are reading this now, this part was written after midnight. Yes, Fallout 4 is here. I will not bore you with the intro, the explanation that you will read everywhere or the codes. Let’s get to basics. Graphically the game is awesome, I had a go at the PS4 version and the intro that you will likely have seen in many places shows the intro in a decent way. Controls are very much like the previous versions of Fallout, so if you played those, you are well on your way. If this is new then realise a few little things. The interaction is about freedom, in this version it is a lot more about freedom and a little less about carrying all kinds of things and not knowing whether you need them yes or no. the development is also as YOU see fit, so if you are a slugger (slam bam fisticuffs), ‘tchk tchk bang’ (gun nut), or squeak squeak slice (stealth), you have a freedom of choice to go your own way. For the non-initiate I still feel that a first need is intelligence and repair skills (do not decide now, finish reading the article). You see, whatever direction you take, intelligence gives you skills faster and repair gives you better weapons and in addition more revenue from selling them. So we might consider there is a small flaw in the game, but that is not entirely true, it is the way of the world the game is set in. So what should you do? That is the beauty of Fallout 4, you decide and whatever you decide, there is no wrong here, there is just your choice and unlike in real life, you must live with the consequences of the choices you make. In real life you just blame someone else.

Now for the truth, after AC Syndicate (or Unity for that matter), does the game have bugs. Well, I can tell you that this is a fair certainty. So far I have not crossed any, but that will be a mere matter of time. Skyrim had bugs, Fallout New Vegas had its share of bugs and this one will have them, yet in this case we must also consider two parts. Fallout 4 is completely open, so in many cases you can go around such an issue, in the past patches did come out and they resolved many (not all) issues. Will this be the same? It is too soon to tell, but when I learn, I will inform. For now realise that a good game remains a good game and that some things (like open worlds) tend to come at a price, but is that what you wanted to hear?

That is not the main issue, is the game worth it all? So far as I see it, with Rise of the Tombraider the answer is no, with Fallout 4 the answer is yes. Is there another game you seek? Than look for it, perhaps read the review and if you do, always read more than one and decide after you get the goods from a reliable source. You see I do not side with the IGN review, but I stop short form disagreeing with it, because a gaming review tends to be a personal one. In this case Lucy O’Brien writes “Although I could have done with a few more puzzles and fewer firefights“, which was a given in previous versions, but as I saw it to the part I saw, it was massively repetitive form the previous game, so I had an issue there. Another part is what Lucy experienced, which is fair enough “She’s such a potent fighter that I didn’t find any real incentive to avoid combat altogether“, that is in truth the formula that Lara relied upon in the path, yet the steal options we got introduced to in earlier games were very enticing, too often there was a trigger forcing a fight, but the idea of taking a decent part out in stealth is too appealing to ignore, it is one addition I truly enjoyed. In addition, the quote “For true completionists, there are plenty of relics, documents, murals and caves to discover, which can take an average play through from 15 hours to around 30 or 40” implies much improvements above the previous version, yet the initial issue remains that 15 hours (likely just the main game) is not good enough. It is slightly less than the very first game which required 10% of the power we see nowadays, and the game was contained on a disc holding less than 2% of what a Blu-ray can store, so the question becomes, is it value for money, which is something I will let you decide.

Now it is time to take a look at fallout 4. I went in with the experience of the previous games, so I made my character on the Xbox One and I went off to the races (oops, I almost forgot, the installation takes a little over half an hour, so feel free to start the installation and prepare the room with snacks and drinks so that you do not look at that super slow installation progress counter. The game began and here I made an interesting ‘mistake’ Fallout 4 plays in the same way the previous versions did, but that turned out to be an oops moment. This is not something I regret. You see, the play is the same, but the game is also vastly different. An important issue here is the fact that guns no longer degrade! It has changed into upgrading weapons. It does so more versatile than you see in the Bioshock games. Now it will be about finding junk, scrapping it and use those parts to upgrade the weapons you have. In addition perks now have several levels, which means that certain perks will receive additional options. I will not go into this any deeper, because exploration of what you find and what you could be is part of the massive fun that Fallout 4 is delivering in this game.

As for the rest?

Well, building your settlement is a fun addition and that fact is not giving away anything (shown in many demos), but you will soon learn that this part is a lot more important and it shows a new side to the fallout 4 games and it just shows why Bethesda still rules the RPG land. So far, the game is showing me everything I wanted to see, including a decent level of surprises. For me gaming will now stop for a week as exams are about to start. I am still uncertain how bad my exam scores will be in the end, but that will not stop me from fighting for every point I did not get (I am an incurable optimist).

Whatever you do, make sure you enjoy what you do! (I am referring to gaming and not the equally rewarding horizontal lambada)

See you all next week!

 

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Bashing the Sky

Like many other people, I have been really looking forward to No Man’s Sky. Like many others I was blown away what the E3 of 2014 brought. Like many, I kept my eye on a daily base on when the game would be released and when the IGN August special started, like many I felt that the game was almost upon us. This was just my interpretation and perception. So as no release date was known, I joined some to feel a little uncertain, a little worried because it was bad business practice. When something this wanted is out there, you might not be able to keep anyone in the loop, but to leave everyone in the dark is not good practice, which I voiced to Sean Murray as well. Now, I do not agree with some that ‘release dates need to be known immediately‘, yet the approach of Quarter, or even the initial news that a 2015 release was unlikely would have been fine. In the end I want a really good game and I am willing to wait, I feel that many gamers are on my side here, we do not mind waiting, we just want to know (in the roughest way) when a game is coming. I would have been very accepting long ago that if a Q2 2016 was given, it would have set my mind at ease. Even though not many are like that, the true gamer is.

As we waited we saw that even the Christian sites were luring people to their places with innuendo articles on the release date of this game, does that not beat all? A Christian site relying on a video game for web traffic, that part remains hilarious for a long time to come.

Yet there are a few more sides we must consider. The hype Sean caused as he went from show to show might seem good, but in the end it is a dangerous escalation because the negative cloud of the internet is now hitting them as well as us gamers. It hits you and me! First off there is Forbes, it is the article form Paul Tassi (at http://www.forbes.com/sites/insertcoin/2015/10/28/will-no-mans-sky-end-up-being-the-next-spore/), which is a problem. The quotes that bother me are: “the footage shown is literally exactly like everything we’ve seen from the game since December 2013” and “And after all this time, I still don’t really understand how this game will play, and despite a slew of media appearances, the creators haven’t been able to explain that properly“. Now, important is that he is not lying. I think that the game is founded on a base to grow, but it is early days. Even as the planets are now adhering to a mathematical foundation, there are many other elements to consider. Yes, we have seen it all but is that not the point? What we see is supposed to wet the apatite, not give away the game in full.

So it is likely that the game will have a much larger evolving part to play in exploration, in economy, in growth and in evolution. Let’s not forget that reaching the centre of the universe is no small feat. I am trying to do that right now in Elite Dangerous (to get the achievement), a game where I currently cannot land on any planet surface and it is still a massive trip to undertake. Still in this No Mans Sky shows itself to be a high resolution version of Minecraft so there is no given that we are set to no less than building our own domicile on a planet of choice. If these planets are life sized then any planet could take a lifetime (which amounts to 7 weeks in Minecraft time). So this game is already showing more gaming promise than the last two Tombraider games, (including the upcoming title Rise of the Graved Robber) and considering that the second is merely more of the same. So Rise of the Tombraider could be ‘More repetition of something you finished in 10 hours the last time around‘, which is not a marketable title, but a realistic one. So when we see in Forbes the message “the game is starting to wear out its welcome“, we have to consider the source here. The same firm that stated the title “Credit Default Swaps Are Good for You” is now judging games? So for Americans, how did Credit Default Swaps play out? Perhaps we need to take another look at the media here. Going on innuendo and instead of dropping the subject on getting hammered again and again on a deadline, in there Sean Murray might have been wrong to enable the ‘media beast’ to the smallest extent by going all out in visibility, but it was a choice and it was his to make. The true gamer will wait for the final product when it is ready.

So as we now see many press releases on spouting negativity whilst inserting ‘If this latest rumour is true‘ we should realise that none of this can be trusted. Especially, as they rely on the emotional end “Look up at the stars and despair in the comments section below“, which is just an invitation for the ranting masses, but where is the truth?

In my view, I do not care, Hello Games have given an estimated release of June 2016 and that is fine with me. This month there is Fallout 4 and I still have my empire growing in Elite Dangerous, after all that there will be space for No Mans Sky in 2016 too. Part of me hopes that there will be a playable beta that can allow us to explore one system in solo mode. It might give good feedback to the people at Hello Games too, which is something they might consider for next year February/March. Such a step will give a threshold to some to see the game. And let’s not forget that this still gives credibility to the rumour that No Mans Sky will be a Sony Morpheus launch title. If so than the gamers could be in for a massive treat! Does this debunk value for a game that is in development or does that show that No Mans Sky is truly a new generation of gaming?

It is too soon to tell and I am willing to wait to see if Hello Games goes that direction, which is more than we can say for Forbes, Push, Kotaku and several others ‘reviewers’. Although Kotaku had an interesting quote “So I’m going to play Spore now, years after the hype has dissipated and the game has been all but forgotten. I’ve installed it on my Windows PC. I will be back to tell you if it’s any good. And what if, separated by a decade from expectations that no game could possibly fulfil, it is?” Which gives me the ammunition I needed. You see, if you were controlled by ‘hype’ you should not have gone into the games reviewing business. the part ‘I will be back to tell you if it’s any good’ gives me the indication that this writer never did his job, now if he is trying to be funny than the joke is on him, because writing towards the hype is the most stupid of all actions, hype is merely an unrealistic perception of what might be, it would be his job to give the goods, what can the player expect when they buy this game. To give a fair and balanced review is in the interest of the producer and the gamer.

I believe that No Mans Sky can be the product we are still waiting for and I will let Hello Games get on with it. My advice to you is to ignore the news on this game as much as you can you get until May 2016, because it will be tainted with emotions and it does not show what we are in for, so basically our times will be wasted, time that can be spend on many other games (especially getting your Diablo Dream team in Hardcore mode). Other games that were there before No Mans Sky and games that will be released after No Mans Sky. The true gamer will play many games and he/she will desire only a few, in my case will No Mans Sky be placed in a slot of ‘play regularly forever’ next to Minecraft, Fallout and Diablo 3? I cannot tell yet, but I truly hope to learn that when the game gets released, it will set the bar of games really high, because I the game makers need a reset of values, a value line both EA and Ubisoft have relied on remaining under for a little too long. I do not rely on hype and I do not wish to create it; I merely await its arrival and hope for the experience to be truly awesome. What if that is not the case? Does that matter? In that case there will be something else to play, which is the reality of the life of a gamer, so let’s leave Hello Games (as well as Sean Murray) alone and let them finish the game for us. If the delay bothers you than consider that a Billion plus company like Ubisoft needed 9 months and in the end was unable to deliver the Watchdogs we deserved, so let’s see if Sean and his keyboard minions can put Ubisoft to shame, which might up the level of games for all gamers around.

Have a great weekend and never stop gaming!

 

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A lesson learned late

We all have this, we stump our heads into a wall, some in ignorance, some through stubbornness, ideologically and the last group through determination. I am one of these four. As I bring the bad news first, I need to talk about myself. I got an extension on a test which might not be a massive one in points, but I am in a state where every point counts! Hoping to save up to 15 points on a test 44 pages long. My little big horn is a ‘Memorandum of Detailed Opinion‘. I still have 30 hours of work actual to go and I had to restart as I was turning my ‘Other Applicable Revocation Issues’ into a mesh of Titanic distraught and the deep dark feeling when you are at the top of a truly high building (like the Hancock building) and you see the street 100 flights down, that one step through the glass looks suddenly so appealing, such dread! I feel a little better, especially as I started fresh again, things are slowly adding up, connections are now coming to life. the smallest issue I had initially was a part in section 40 of the Patents Act 1990disclose the best method known to the applicant of performing the invention‘, this and a personal believe that my professor was intertwining ‘best method’ with the mathematical approach to describing Cantonese had an impact too. Yet those feelings were all between my own ears. You see, this is the first subject ever in history, where I got confronted with the limitation of my thinking. This has never happened before! We all face the music that we do not get something, but in most cases someone explains, someone aides or you find a supporting document that helps you. We all have that. No, I mean that feeling you get when your life depends on the next conversation and the one part you were not told is that everyone speaks Aramaic, that level of non-comprehension!

Yet, I also feel stronger today, because the light suddenly came on and I am starting to put it together. I took longer than I expected and if I had not been confronted with bad news last week that stress would not have stopped me from completing my assignment. Getting told you need to find another apartment tends to do that to a person whilst his exam just started. So as I finished my notes for tonight, prepping to get loads done tomorrow, I had to write this. You see, this intersects with something I read yesterday on my mobile, I believe.

That part was about Xbox boss Phil Spencer. Microsoft has always been about ideology and ignorance, so to call this part ideological ignorance is not too big a leap. Spencer stated that he was not interested in beating Sony, he was interested in gaining customers, as many as possible. In my view, his predecessors ‘messed’ it all up. I reckon not intentionally. In my view Microsoft was convinced that the TPP would have been in effect now and the steps initially made towards the XB1 would have been massively exploitative, with the law allowing them to destroy certain markets (the preowned game market for one). This all took a step back towards a streaming enterprise that did not quite make it off the floor. The 2013 promise of a 300,000 servers for gamers in one cloud. The quote is in light of the backwards compatibility claim a little hilarious: “Microsoft’s Don Mattrick stated “If you’re backwards compatible, you’re really backwards”” (at https://lawlordtobe.com/2013/05/24/spin-dryers-by-microsoft/). Even then I claimed how stupid the 500 GB thought was. Sony made the same mistake, but with the Sony version a person can update when he/she is ready, the XB1 does not allow for that. In that same article I chewed on some of the presented facts: “Their on-line system is now getting grown from the initial 15,000 servers now that Xbox 360 uses, to 300,000 servers from the moment the next Xbox is launched. It is a 2,000% growth in data collection and over 200,000% storage capacity. If foundations of business are set to return-on-investment, then ask yourself why a gaming system requires that level of growth“, a question that was never answered, but with the TPP, the streaming and the data requirements, it was about the gamer, it was how he/she could best be exploited. That was the view that my mind saw and so far I have been proven correct in almost every way. The next quote supports all this “In all honesty Microsoft Marketing did state that there will be pre-owned possibilities, yet they have not officially stated how this EXACTLY will play out, so we await clarity by Microsoft“, consider that part, if the TPP would have been in effect that part would have costed gamers dearly, so in all this, we can speculate that Don Mattrick was no more than the bearer of bad news and his career took a massive tumble. Now we get Phil Spencer and how this is about gamers. A 2 year stretch that now demands a 145 degree course adjustment. The weird thing is that if the decision makers realised their audience in the era of Xbox and Xbox 360, they should have known what gamers wanted, and adjusting that with their own view of exploitation is a misplaced view to say the least.

So as I see myself ignorant and determined, I also see Microsoft as ideologically ignorant. Ideological in their pursuit of maximising profit any way they can and ignorant to consider that gamers would take this lying down. Microsoft now set at less than 40% of what Sony has, losing the market share the 360 had grown, how stupid is that? The big issue is still that Mettrick and Spencer leave the feeling of being no more than puppets on a string, jumping to the needs of the decision makers behind the screens of Microsoft. Their strings to be cut at a moment’s notice. It is the second failing compared to Sony. Yet, in all this I must admit that Sony is likely to work in similar ways, but in a much better setting as their focus has been the gamer for 4 iterations of their console. That does account for something.

I feel that I learned my lesson late, hopefully not too late and the next two weeks will be about work 24%, study 48% and the rest is about trying to get sleep, food and an apartment. I feel strengthened as my eyes open towards the issues I could not solve for almost 10 days. I also feel better as Microsoft seems oblivious towards the gain they lost whilst they should have known better, in that respect Gamespot (who was source to most of the Microsoft information) should also have known better and as they seem to hide behind the PS4 vs XB1 console war, they have done too little regarding the investigation on the business decisions that did hurt a contending console and forced it towards a gloomier place. We can all admit that backwards compatibility will gain them momentum, yet in the end it will be about good games and yes, Microsoft has done a decent job, but with the lost field, decent will not hack it.

So I end this article with a personal message to Phil Spencer. Phil, I am not blaming you (which would be unfair), I am not having a go at you (which would be too easy), yet I will do your job for you this one instance. There is a game coming, it is nowhere near ready at present, but it is getting there. It is for PC and it has the option of becoming every bit as addictive as Minecraft currently is. So another masterpiece by an indie developer! The game is called Heat Signature as it shows massive promise. This game could propel the XB1 even further. The quirkiness and the connected options for multiplayer could be next thing people desire. The single player part is showing real promise. So instead of waiting and having to shell out another 2 billion for a game Microsoft didn’t create, so how about getting in front of a repetitive timeline for a change?

Heat Signature (heatsig.com) is able to be uniquely placed next to Elite Dangerous, Eve Online, Star Citizen and No Mans Sky. It can exist next to all of them and will be as entertaining to all those who play the other mentioned titles. I suggest that you keep your eye on @HeatSig (Twitter address) and feel free not heeding my word (I have only been wrong 4 times in the last 30 years when it comes to gaming), so I am due another failure. Yet the stats go hugely my way and as such I predict that Heat Signature, a Tom Francis production which was, as I remember it a Johnny Chiodini discovery evolve into a true contender for being the next big thing (as an indie developer title).

In all this, am I too ideological when it comes to gaming? That is a fair question and I must ask this from myself if I want to remain connected to a field I have been involved in since 1983. I believe so and games like Fallout 4 show my view to be a good one. In equal part Elite Dangerous shows that true passion for a game can last decades (something Blizzard also proved with the Diablo series) and in all this Ubisoft squandered it and Microsoft rejected their view only to get bitten on their sitting area really hard. The future belongs to the believers, because faith has always been the most pure and natural driving force. It got me my law degree it got me to the final stage of my MIP and it can get anyone to their place of achievement. Greed is never an achievement! Will Microsoft learn from their mistakes? That remains dubious because the puppeteers behind the screens remain an unknown. I do believe that illuminating them could shed light on the problem and truly propel the world of gamers forward as the onslaught of counterproductive acts end up getting terminated with extreme prejudice. EA has 7 months left to learn their lesson and not fall into the traps with Mass Effect Andromeda, traps that Ubisoft seems to be unable to avoid. Still, if they are unable to do that, John Oliver will be able to have a little fun here too.

 

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The Game of Patent Law

I am in a very weird place. I must admit that I have not been in the brightest of spots. I am struggling with this semester’s subject. Even now, I am still studying too. I stopped writing on notes and going over lectures because I needed a small break and because my mind has been telling me stuff I did not even realise.

You see, this all started on two parts. The first was ‘Person Skilled in the Art’. I looked at it from many sides, but I forgot, no, lets state, I did not completely comprehend the legal part in all this. You see, Wiki tells us ‘If it would have been obvious for this fictional person to come up with the invention while starting from the prior art, then the particular invention is considered not patentable’, which might not be the most academic view, but when we consider the more ‘academic’ part we get “In these fields the persons skilled in the art are not just skilled artisans. They are often trained engineers and scientists, who are well versed in the periodical literature of their subjects“. This we get from the case Sunbeam Corporation v. Morphy-Richards (Australia) Pty Ltd [1961] HCA 39; (1961) 35 ALJR 212. Here Justice Windeyer referred to this in [218] “scientific inventions, intricate mechanical arrangements, chemical processes, electrical and electronic devices and so forth

You see, part of this is my issue (truly an issue I have). It comes in two parts. The first one is a memory from my early secondary education. We once had a discussion on Art versus conceptual art. It never made sense to me because I regarded both pieces as art. In some view we see that conceptual art focusses on the involved idea in the work takes precedence over traditional forms and material concerns. But is that true for some? Art is art no matter how you slice it. This has been in the back of my mind for a few days. At work in the last week I would listen to the soundtrack of Mass Effect whilst working on parts I was working on. I thought I was just trying to listen to music. No! My mind was kicking into high gear trying to make me see something and after this weekend, after 16 hours of re-listening to lectures and retrying to do what I could not do before, at roughly 10:18 it hit me! It was all connected, I suddenly got the gist in a scary way (because I get a first glimpse on how to solve it).

I need to get back to that ‘skilled person‘ because that is actually at the centre and it all links back to mass effect. In my view Mass Effect is one of the most brilliant pieces of work, possibly ever! The story is captivating, the graphics are amazing and the entire project is out there and I mean out there on the far horizon. Most gaming (me inclusive) always seek to look to the next challenge, the next big game. We almost forget the great games that got us here. Yet, Mass Effect always remains. My Google+ profile still has the launch party photo. In all this, the game was a breed apart.

So, how does this relate to the law?

This is part of the issue I have, especially with Justice Windeyer stating “In these fields the persons skilled in the art are not just skilled artisans. They are often trained engineers“. This has been my issue for a long time. You see almost two years ago, I wrote the concept for Elder Scrolls 6 (Restoration) and send it to Bethesda for their consideration. Not just more or an addition, no an entire new approach. In that same way I have bene able to reengineer in my mind every game I ever played. Now I am not a programmer, so making it is another issue, but my mind can see the game. Improve upon it, mould it into more, within my mind. The ability to see past the game, into the engine, the design and the story has been forever with me. Which was also the part that is stopping me. It is in essence the issue I have had with Ubisoft and Yves Guillemot regarding the dwindling of the Assassins Creed franchise. That is not even addressing the issues (read glitches and bugs) AC Unity and Far Cry 4 has been subjected to. AC Syndicate is now less than 4 weeks away and its predecessor have given a massive blow to the franchise. I saw some of these issues for a long time. Many things have been in there for 5 generations of the Creed, so if I can spot them, why can they not do so (or fix them before release for that matter)?

You see, here we get the PSA, here I get the block that Justice Windeyer (et al) bestowed upon me.

This is exactly where my problem is and yes, it is just me. I am not blaming anyone else. I never truly understood ‘Person Skilled in the art‘ (yes, it took me a while to figure that out), which means the rest became up for grabs. Yes, I comprehend the definition and I understand the premise, but when you can reengineer whatever you see, you (in this case me) tend to miss the point.

Now, in that continuation, how can one dissect “a pair of spaced apart slots in the first end portion each slot extending from an edge of the first end portion to half way across the first end portion; the slots being parallel to each other so that they and their projections define a pair of parallel axes extending across the first end portion, along the sides of the stem and across the second end portion” In case you were wondering, this is part of the description for an applied sheet of metal (I never knew my mind could project so many question marks).

Here I see myself like in Abbott Laboratories v Corbridge Group Pty Ltd (No 2) [2001] FCA 810. At [56] we see “I regard Professor Guilbault as quite unlike any person in Australia for the purposes of this case.  He is, and was at the priority date, a real expert in the field. What may have been obvious to him gives no indication as to what would be obvious to the ordinary skilled but non-inventive worker, even leaving aside geographical considerations“. You see, my ego rejects that part, because I am not a professor, I never considered myself to be ‘unlike any person‘, yes I consider myself to be an expert when it comes to games, but not to the extent the case made Professor Guilbault to be in his field, which gave me the issue of not grasping the level of the skilled person.

I am catching on (even though some parts are still really hard), but I have the rest of the day and 5 evenings to catch up with what I was not grasping. I am getting there though!

It still is an issue on how to set certain things, which is why my timeline differs. All this now shifts back to the games. I spoke about Mass Effect. The first game had an issue with the drive, but when we consider the first 360 systems (some people relied on a console without a hard drive, go figure). They got to play the game. The game was also one of the first to be decently open world, so that means that certain trigger points needed to be created. Which is what we saw in Fable 2 and 3. When you realise this, you can work around them. They are of course games and not real life, so the point shifts. Yet, in all that Mass Effect had an issue with achievements it never really fixed. I ignored it (but was a little miffed to miss out on achievements I should have gotten). Mass Effect (apart from the glitches) made a game truly replayable, which makes for more joy, yet unlike Fable 2 it did not create cosmetic alternatives. In all that, who (without cheating or hint guides) knew you could get to see Tali? Mass Effect 2 went even further in all this even as the game is still mostly the same, you can replay in another role giving power to replayability. Mass Effect is one of the only series ever to pull it off to this extent. So, yes, Mass Effect had issues (and glitches), yet the overall issue people had was with the ending. I less so when you realise the story in its totality, but the last one was a little sloppy in places. I saw through all that. So am I a nagger, a person skilled in the art, or am I beyond that? I have been around since before the VIC-20, so I know my games. In all that Mass Effect 3 amazed by offering the best multi player environment I have ever participated in (still not surpassed today).

Here is the kicker where does that leave the other game designers? In the mind of many we see that good gaming might start with replication, but the visionary evolves that into innovation and offer something totally new, something we all desire to play. I think the game Evolve is almost there. It is close to what Mass Effect 3 was, which is also dependent on a great AI and even though the levels in Evolve are bigger, you are still basically in a ‘cage’ with the big nasty. In all this Ubisoft is not sitting still. Although no personal evidence at present, as far as I can tell, from what I saw their new upcoming title ‘For Honor‘ is showing to innovate multi player from what was into what others desire. This is a very good thing! Jason VandenBerghe seems to have figured out what the big players were either not comprehending, or basically were ignoring. Now I am not one for hack and slash, I am not one for melee games, but I can stare in awe at the achievement of innovative gaming. This is what we will get in 2016. Perhaps Sean Murray (No Man’s Sky) wakes up one morning and realises that keeping people in the dark is only short term acceptable, but that is a lesson he must consider by himself.

Back to the innovators. One of the considerations with a person skilled in the art is: ‘A PSA would be likely to access and search IP Australia’s patent and design databases or get someone qualified to do it for them before releasing a new design of a ladder into the marketplace even though the level of technology is relatively low‘, this could be shaped into ‘A PSA would be likely to access and search IP Australia’s patent and design databases before releasing a reengineered design of a ladder, sufficiently distinct from the original into the marketplace as an innovative patent regardless of the level of technology required‘. In my mind I wonder how much power those with the ability to reengineer can hold, those who can see and value the originals for what they are. It is a legal trap to some extent, because the patent has protection under ‘they are more similar than dissimilar’, the registrar will take that into consideration and when it does go to court it will be an issue to argue, which is why I foresaw the evolution of mobiles, not in hardware, but a mobile generic base that is not unlike a stem cell approach, the software will shape the actual device and now we have two issues. Many nations are not have or reject more often software patents. Some state “The rapid decline in software patents is a huge boon for innovation“, yet in hindsight, there is another issue. Yes, I am all for innovation and bring it on, but not unlike Assassins Creed Unity it becomes more about the now and more about the quick sale and not about the quality of aftercare. As we move from a quality product to a short term choice, how do we fare? Is your budget ready for the annual purchase of a mobile? This is linked to all this, it is not just the Person Skilled in the Art, or the Person Skilled into the reinvented art. As we move from art to conceptual art, we also move from the finality of a choice to the transient of what might not become (again that assassins game comes to mind). All these elements move us in a direction that I regard as dangerous, we move from creators to innovators. Which was always intended to be a move that evolves into true new creators. No, now we move from creators to cheap solutions, something patents were never supposed to do, the person skilled in the art is the push we did not tailor to. I am evidence of that. I could never keep up with Richard Garriot or Peter Molyneux. Even when we spoke I saw their minds moving on to really new things, not iterations of the ‘what is now’. That is what corporate greed got us. A move away from the future. Even if we consider the computer as hardware, the timeline from the 8088 to the I7 now. The processors are no longer truly new, just slightly faster. A market controlled desperate to hold on what they have and not to lose it. That is not how the 80286 came to fruition, in that Mass Effect from game 1 trough game 2 to game 3 made jumps, not mere steps. You only have to replay the first one and the second one to see the leap we got. Assassins Creed showed the same in the original and 2, what came after became steps towards iterative work, iterative work is not innovative, which is why the small indie developers must be protected, if we are to move forward we have to protect true futures instead of orchestrated options.

Here I am still deliberating Person Skilled in the art where Lord Diplock states ‘a patent specification is a unilateral statement by the patentee, in words of his own choosing, addressed to those likely to have a practical interest in the subject matter of his invention‘ and the subsequent resolution by Lord Justice of Appeal Waller ‘a man concerned with the construction of a steel lintel to whom the use of the word ‘vertical’ would indicate precision‘. Here I find the issue with both parts, the second might be overruling the first, but the protection, or at least the approach from a malicious side gives pause to vertical could imply accepted to be ‘cheaper’, for if the engine is not tuned to be finer, it will be constructed to be cheaper, life has shown us that in the iterative part, which is part of the mess we now face. In my view the law must lead but it adheres to the view of those who get to speak, which are the people who have the established base of wealth. The true innovator who moves to creation is never that, so the future is tainted by those who have, they either own those who try to push forward and they then adjust the push for maximum wealth, or they buy out those who they do not owe and again they get to control the product.

The game of Patent Law is harsh, difficult and rewarding, because Patent Law was to be a fair field and in that it still is, the world around the law has changed. I am still trying to get the materials and pass this subject, but I also wonder, what can the law do to keep the field fair? In my view, the law has addressed some parts, but the issue where innovation is too often replaced with iteration (pharmaceutical patents for example), how to address that part?

Well I am off to lunch and after that redo my parts on infringements, which would go further if I did not get stumped by texts like: “Further, because the edges at either end of the column neatly align with one another a plurality of such columns of the same height can be suitably employed on an even surface to stably support various objects including a coffee table top or barbecue plate without rocking, for example. The column structure can also be used by itself as a tree guard“.

Life might be a game, but patent Law is not the clearest of rule books to define it by.

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The choice of a new religion

The Guardian had an interesting article yesterday by none other than Alex Hern. He and I look towards the gaming world in very different ways, it does not make him wrong and it does not make my view right. We have at times different views on things. That is the wonderful world of gaming, it is one of the few fields where the approach to any solution tends to be almost artistic, many views, none the same can still warrant true correctness or success. In ‘Apple wants the Apple TV to be a games console. But can it be trusted?‘ (at http://www.theguardian.com/technology/2015/sep/12/apple-tv-games-console-can-it-be-trusted), which is a very true piece. The subtitle states ‘Apple would like to see its new set-top box become the next Nintendo Wii. But it’s questionable whether the company really understands gaming‘, which is as true as it gets. I have been ‘connected’ to Apple systems in one way or another since 1990. One thing from the very start is that the Apple systems were always ahead in many ways, even in artistic ways, yet true gaming was never supported to the extent it should have been. One of my very first freelance jobs was to take a look at ‘Balance of Power’ (by Mindscape), I ended up checking it on the Mac as well as the Amiga. Another one was Shadowgate by the same makers. Even though these games were always worshipped, but on the Mac they seemed to be on the side, accepted as in existence, but never truly part of the ‘Apple’ environment accepted. It is hard to get it into words. You would have had to be there to understand it.

The quote “The problem is that games are treated as just another type of app by the company – albeit a very profitable type. The games store, for instance, is organised in exactly the same way as the rest of the app store, with prominence given to a few select apps and then three charts of top-selling paid games, most-downloaded free games, and “top grossing games”“, helps here. It is like a bunch of economists see games in the spreadsheet as deep green and those economists really like deep green (as in profit). Yet games is a lot more than numbers (something Ubisoft has an issue with too). To see Apple people look at games and advice their users on is like going to your accountant for sex guidance. That person gets off on spreadsheets and a balance books, for many people not the orgasmic solutions to embrace. Yet there is also a side where I have to disagree on.

Part one is “Similarly, in the newly-released guidelines for Apple TV apps, the company reveals that “the maximum size of an Apple TV app is limited to 200MB”, with no persistent local storage. In other words, apps must be lean, and they must download everything they show from the cloud“, part two is “The top-tier consoles right now ship their games on Blu-ray discs, which store at least 25GB and can rise to 128GB per disc (twice the total storage of the highest-capacity Apple TV“. Now, Alex speaks the truth and he is 100% correct. My issue is that quote 2 implies (he never really states it anything in that way) that size makes the game, that is wrong. Still there is a truth here. 200Mb is nowhere near enough for any decent game. If we look at previous games, like Metroid Prime on the GameCube, that game exceeds the 200Mb. Many games from the PC could get close to the 200Mb, but will in all likelihood exceed that part.

In addition, the statement “In other words, apps must be lean, and they must download everything they show from the cloud“, which now implies that we are all dependent on quality connection. A property that is even debatable in parts of Western Europe, the US, Canada and Australia. For Apple it must be good to know that at least Scandinavia and its 18 million people will see the bulk of Apple TV gaming. The second issue is “Unlike PC games, consoles have always been fairly locked down by the platform manufacturers. In a way, it’s “no sex, no drugs, only rock and roll” attitude is merely replicating the same approach that Nintendo has emphasised for years in its efforts to keep its games consoles family friendly“. Now I am all for family friendly games, yet some people want more than Mario Kart. Some want to play the master Sergeant (HALO). Some want to be in the wasteland (Fallout) or they want to sneak their ways around a city (Thief). Many of these games would never be allowed, with a massive portion of the gamers being 21+, they end up being nothing more than a nuisance to Nintendo and without a massive arsenal of IP that will not happen any day soon.

It is the final quote that is concern as well as the source of howl of deriving laughter “But its success as a games console would be handing yet more control of the medium to a company which fundamentally looks down on games and gaming. And that should concern anyone who likes to play“, wasting this level of resources on a system with no expertise on quality gaming will put a dent in the Apple coffers, in addition, once rejected by gamers, those at the helm will be forced to take a harsh look at their choices and their considerations. It seems that so far in new gaming only Elite Dangerous made it. If the iMac 5K would have one additional hardware update. If they had something in equal or exceeding the Radeon R9 295X2, the system would become something to behold, not just with Elite Dangerous, but in addition with games like No Man’s Sky (if it ever gets here). The iMac would be an option, the Apple TV is clearly not that option, beyond Minecraft there is not a lot that plays on the Apple TV. So do I disagree with Alex?

Actually no! When we consider his quote “Despite my concerns, there is the chance that the Apple TV could be good for gaming“, it connects to my thoughts that good gaming is not about the size (well not completely). Consider that some of the games that were a massive success on the Commodore 64, the Commodore Amiga and the Atari ST can still be the games in the new generation systems like the Apple TV. The games by Sid Meier, games like seven cities of gold, some of the legends like Lemmings, Dune 2 (Command and Conquer), pretty much most of the games Peter Molyneux made (including Dungeon keeper), there are loads of other games. The opposite is also true, now we can get a pirates game Sid Meier could never offer when he did because technology stopped him. In equal measure quality gaming has dwindled as there are no limitations, so that game designers are no longer trying to squeeze the maximum out of a console. Tomb Raider is an example here. When we consider that Apple TV could get a market, whilst the hard core end games on consoles and PC remains, I state ‘Yes’, that is a definite option. Yet Alex does illustrate a side of Apple that the foundation of Apple should be ‘concerned’ with. “If you want to criticise a religion, write a book. If you want to describe sex, write a book or a song, or create a medical App. It can get complicated, but we have decided to not allow certain kinds of content in the App Store”, in all fairness there should be space for that approach, but it will hinder your business. You see, the guidelines at 15.1 state “Apps portraying realistic images of people or animals being killed or maimed, shot, stabbed, tortured or injured will be rejected“, which is nice but that pretty much sums up almost every game ever made, including New Zealand Story, where the little Kiwi loses health when he touches a spike. 15.3 makes any WW2 game a non-starter, unless Apple insists that Nazi Germany was never a real government where my response becomes: ‘good luck with that one!’

So, even though we can accept that guidelines are needed to keep certain groups (read children) free to wander on the app store selecting games. I get that, but as I stated before, it limits the Apple TV to the realm of Nintendo who already has a massive grip on its user base through several means, why would Apple TV wander in that field? It almost reads like Apple wants to add to the foundation of a failed system. The idea that was a write off in 2007, regarding a big fat fail in 2010, suddenly got the title ‘How Apple’s biggest failure could be one of its greatest accomplishments‘ in 2014 (at http://www.dailydot.com/opinion/saving-apple-tv-think-different/) we see: “Apple has a chance here to beat its competitors to the punch, first and foremost, by making sure that you can play every significant type of video file type that Apple TV doesn’t offer now. This will broaden the range of apps the device can support, and ensure they never have an issue like they did with Hulu again. They would also be wise to create a browser for the device, and to let users access its hard drive“, which is true, yet the article reads like a marketing approach to ‘new’ options for Apple TV and now a year later we see the games ploy. Is it truly about that, or is there a fear within Apple that they are being passed by, passed by those who had a clear goal and by growing in any direction they get to hold onto non-write-off a little longer.

I will let you decide on the parts that are a given, but are they truly a given? I must warn my own view that it is tainted and also clouded. There is a view that comes from true gaming and as such Apple TV does not add up to much, yet what is small can grow and as I stated, let true innovation grow through limitations. It gave us true pearls on three generations of consoles, innovations that seem to be missing in NextGen. Yes, there is still innovation, but not to the extent there was in the past. The idea that Apple starts it up again is partially pleasing. Pleasing because that is the one part that have been downplayed by Microsoft, Sony and Nintendo to the larger extent, if you doubt that, then look at how many independent productions made it to consoles in the past. The fact that this year is a lot more about independents is not a given, it is a fab and no guarantee exists that independents will make it through in 2016 and 2017.

That is the part where Apple could grow, you see I personally believe that the next 12 years will be all about the small innovators. As larger players have become vultures, eating the small ones and carrion eaters as they devour their brands in the insane vision that growth comes from interactive innovation, large jumps are ignored. You only need to see the success of Markus the Notch and Minecraft to see that I am right. Will Sean Murray be the next one to show this? David Braben is on the right track to do so too and they are not alone. Even though Everybody’s Gone to the Rapture is not likely to be the success others are becoming, the truth is that this game is innovative. Even though in respect to my Tomb Raider view that 10 hours of game play is not acceptable, it would be equally unacceptable to see a 6 hour story as a good thing (source: YouTube). Yet, it is a story and the challenge as such is too small. You only need to look back at the game Portal (by Rob Swigart) to see something a lot larger, even though not in an open world environment, the result as well as the story was truly unique. That does not make the game a failure or inferior, yet the truth remains that the challenge needs an upgrade. Too small, yet remains a true innovation compared what is out there. In all this my own perception is an issue for discussion too. Where is it a given that a 10 hour game is insufficient? I base it on past play and play that some games give, as such 10 hours of gaming just doesn’t hack it neither does 6 hours. Yet all this started with a new religion, one of gaming. not the worship of a controller, or the divination of a system, but the choice of what we believe is to be an open direction, a choice of innovation, because without innovation gaming seizes to survive and we get iteration of a given, in the artsy world gaming exists in, that part can never be allowed to remain in iteration. This is one of the core reasons why the iteration of Assassins Creed, the iteration of Lara Croft the raider of Tombs and Call of Duty will simmer down, will cease to be the cash cows they once were.

The future is all about true innovation in gaming, in that Apple TV could have a space if it opens the doors to independent developers. When we consider the iPad, it has had a nice collection of games and some are truly innovative, in all that IOS has a place and the Apple TV could bring it to the big screen (and I do mean on your TV). In the final part, I agree with Alex for the most, except for the part “a company which fundamentally looks down on games and gaming“. I am not certain it does. It seems to have an approach not unlike Nintendo. Do we look down on them? The question does remain when we see gaming as a religion. It could be the one religion that should be without a bible, which is fair enough, but what about the 10 commandments? Should we not consider some guidelines? Personally I state no, but then again, I started in a world where gaming was born, where it evolved. In all this gaming can evolve within any limited system (consider the 16KB VIC-20), as such any system can bring the joy of gaming, we only need to consider where we take gaming. Nintendo took a direction, there is nothing stopping from Apple taking it in the same direction. In my mind, it should be now and forever about innovation, because that is what draws us to a new game. Consider how Elemental Kingdoms took the concept of CCG and gave it a digital evolution, that is just one of many options, I hope many that are yet unemployed and it awaits the next visionary to create that path.

Who? That is up to the developer that dares to dream and make it reality.

 

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Wakey, Wakey

Finally someone in the Guardian tech section seemed to have gotten a clue, the title ‘Video games have a diversity problem that runs deeper than race or gender‘ (at http://www.theguardian.com/technology/2015/sep/10/video-games-diversity-problem-runs-deeper-than-race-gender)makes an attempt to scratch a surface that many gamers knew and until recently I was nearly the only one trying to break it to the audience. So happy hurray hurray to “a games industry insider with years of experience in a variety of studios. They wish to remain anonymous“, a singular person hiding in plurality! The quote “I don’t really care if you put a female avatar into Assassins Creed” is interesting, but also extremely wrong. Not for political correctness reasons, in that regard I can be even more politically incorrect than an ecstasy head shagging a crack prostitute in the main chambers of the House of Lords. No, this is all about innovative gaming, a female character could change the field and the quote is part of the problem as I will illustrate soon.

It is the quote “The problem of marginalisation in games development isn’t just about women, or people from different religious or ethnic backgrounds, it’s about entire genres. Marginalisation is happening in the very fabric of the design process, and this is just as damaging to the health of the industry and its ability to hold our attention” that gives a pause, because I have stated part of this for well over 2 years. You see, when Ubisoft started to claim the release of an Assassins Creed every year, which I still see as the beginning of the end for Ubisoft. They show a nice face, their books might seem nice, yet overall they have been lucky with over 50% now based on the digital channel. Yet, there is also cause for concern, first the Division is delayed again until 2016 (Q1), which if it is truly a good game will still rake in loads of capital, yet consider on how AC Unity was close to a flop, in my view the ‘sales numbers’ seem high because Unity came free with nearly every Xbox One shipped. It is one way to get the sales numbers up, but will it give contribution (you know revenue minus costs)? Now AC Syndicate and so far the game is another iteration with another location, with Prince of Persia styled chase scenes, repetitive missions and triggered events. This is part of the problem. Yet, Ubisoft must also be praised, you see, the game ‘For Honor’ is part of the stable that can revive gaming. Gamers wants something new, they want change and For Honor seems to be all that, new, smooth and challenging (as far as I could see).

My biggest issue with Ubisoft remains that success is not a formula, yes a formula does tend to diminish the chance of failure, in equal measure a true success becomes utterly unobtainable too. Add to that unrepaired glitches and a QA department that adheres to marketing regulations and a disaster is close to an assurance. I have stated it in the past on more than one occasion. The article states “Mainstream big-budget video games have been shifting towards a mechanical singularity for years, and it’s really time to ask if that’s something that might be keeping people away too“. It is not a wonder that independent developers are now starting to be the big thing in gaming. If we ignore a release date we get Hello Games, by Sean Murray with ‘No Man’s Sky’. What is interesting here is that even the gospel papers are using ‘hints at release dates’ to pull in the viewers to their site. This must be a first in gaming history too! The old games still have the pull of two generations of gamers, David Braben is proving that with Elite Dangerous. More people are flocking towards the games that offer more than a mere 10 hour trip, a game that offers more than just the chases, the views and a fake open world. Metal Gear Solid 5 is in that case unique, Fallout 4 is unique, and none of those game franchises come on an annual base. The weird part is that Ubisoft sat on a treasure, Black Flag could have been the pirate RPG Sid Meier could not make because technology stopped him and marketing relied on the AC brand to proper something that was close to utterly perfect. They got lucky because Black Flag become the only decent game on launch night of the PS4. I reckon that is pretty much the only reason why it became the success is should not have been destined to be.

Linked to all this is the quote “The thing is, the recent excitement around Capcom’s decision to release a remastered version of series favourite Resident Evil 2 suggests there’s still a large audience for the original recipe“, this is absolutely true. The second one was an amazing piece of work and gamers remember that, which means that the IP can be reapplied to the new consoles. Re-applicable IP is worth a fortune, because any established IP of quality is more than a mere lottery ticket, it is the grail to a 9 figure revenue ready to be a pool of sustenance. This is why I believe that games like Ultima 4,5,6,7, System Shock (1+2) are not dead, they only await the right team to fix it up for the system of today (or tomorrow) ready to feed 50 million hungry gamers. That’s just 2 out of a dozen of IP’s ready to service a community that has a hunger that will not go away. Even as we speak, new games are coming, yet the approach that Tomb Raider took, no matter how nice it looks, it shows perfect graphics at 10% of the gaming time the first game brought. It doesn’t matter whether this was a lack of budget or vision. Gamers are offered less and less, which means that the old IP shows 5 times the gaming the new games are doing.

This is all proven in addition with the quote “Nintendo’s recent Wii U multiplayer “shooter” Splatoon provides a pretty good example of how thinking outside of the box – mechanically as well aesthetically – can turn a “core” genre on its head and make it speak to people who enjoy a slightly different way of playing games“. I think it goes beyond that. This game is worth buying a WiiU for. An original game has always had that effect. PS One with Tekken (Tomb Raider can almost a year later and truly brought sales numbers to a high), PS2 with Ridge racer V, Dreamcast with Soul Calibur, GameCube with Star Wars Rogue Squadron II: Rogue Leader, the list goes on and in that regard PS4 and XB1 both disappointed. Yet overall the next gen consoles are now showing less exceptional games and the future is not super bright. Yes there are really good releases but the number of them are not great, in that regard we see a new wave, consider that many (including me) are currently more interested in the remake of the 3 Mass Effect games for NextGen systems than in Mass Effect Andromeda. That is brought through disappointing NextGen releases and sloppy QA. So far Phantom Pain is one of the few true NextGen releases that are turning public opinion about by being truly exceptional, another title in that regard is Witcher 3.

The appeal for the massive joy that playing these old masters brings cannot be ignored, yet that also brings the problem that the title gave, namely ‘Video games have a diversity problem‘, it does and until true NextGen originality comes knocking (more than 3 titles) this feeling remains. Yet, good games are coming, the E3 showed that, but gamers do not know when and the Ubisoft problem is not going away at present. The quote “A new generation of successful indie developers is currently moving into the mid-sized AA space that so many more experimental companies occupied throughout the 1990s – and they’re hiring” is the most uplifting one, because that brings more likely than not a new wave of originality (we hope) and that will get the gamers on board.

I believe that 2017 is what will make or break the current consoles, yes the PS4 is doing extremely well, yet both systems have a massive market share and as the great titles are brought that field will move in either direction (PS4 vs XB1). That struggle will keep gaming alive and as more gamers have both systems they will win no matter where the game ends up, but the winner will be decided by the best games, Microsoft learned that with the 360 and ignored that with the XB1 as the powers that be decided on some ‘family entertainment system’ a choice that nearly bankrupted the Microsoft console division. In all this one part must not be ignored. It is ‘diversity’ and the owner of that part will bring the winning ticket to a console, for a long time Sean Murray held it with his upcoming game, yet as the flawed choice of keeping people in the dark on release date grows, so will the interest in the game dwindle to anti-climactic proportions, which is a shame. What Sean forgot was that gamers do not mind waiting, as long as they get some insight as for how long. We will wait until Q1 2016, but we want to know about the delay (and for roughly how long) so that we can buy something else to play. Sean forgot about that part, the fallout will come and as fallout 4 is released people will no longer wait and just move towards another game that gives them long term pleasure. I truly hope that we get to play No Man’s Sky because I believe this to be the one new game that will give me long term pleasure, the one side AAA game marketeers just do not grasp. It was never about the price, it is about the fact that 10 hours of gaming is not gaming, it nothing more than a narrated short story we can do without.

One part the article did not illuminate.

 

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A digital deception?

There is an interesting weekend going on. First we see people waking up to the Microsoft premise that free is apparently never free, in addition, we now see more and more noises regarding Net Neutrality. We will get back to Microsoft soon enough, because there is more to Net Neutrality than meets the eye. First let’s take a look at the definition of Net Neutrality. Wiki tells us “Net neutrality (also network neutrality, Internet neutrality, or net equality) is the principle that Internet service providers and governments should treat all data on the Internet equally, not discriminating or charging differentially by user, content, site, platform, application, type of attached equipment, or mode of communication”, now this sounds interesting, but the reality is not that easy as I see it. For example, consider Oracle Forms, who needs the reserved bandwidth, if we cannot deliver, that solution would become an issue to implement. Oracle Forms is not the only one, many other situations exist where priority is essential. Video conferences is one of several. The idea came from Tim Wu, he is the Isidor and Seville Sulzbacher Professor of Law at Columbia Law School. His paper Network Neutrality, Broadband Discrimination. The paper can be downloaded at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=388863.

As any academic work, it is quality stuff, yet, do I agree? I have an issue with the following parts:

On page 1 “Critics, meanwhile, have taken open-access regulation as unnecessary and likely to slow the pace of broadband deployment“, America is about to encounter the point where ALL the TCP/IP addresses have been taken, no more addresses, which means that IPv6 will soon be the only option remaining. You see IPv4 provides roughly 4.3 billion addresses. Companies, people, devices all requiring an IP address (mucho plural), well at some point the end is reached and that point is now, but that is not the entire point of my objections, because “likely to slow the pace of broadband deployment” is about need. I do not see how broadband deployment is hindered by the current system (other than running out of addresses). We have seen an almost exponential growth in getting online. Ever since the broadband has been an option, we have seen spectacular growth. First through normal internet connections, then via cable providers, now in addition we have mobiles with 4G and WiMax providers.

The second quote is “That deviation is favouritism of data applications, as a class, over latency-sensitive applications involving voice or video“. Which might be fair, but for the most, this has apart from specific application NEVER been a true issue. YouTube caches, so I personally have never truly seen an issue, not in over 15 years. Voice is a different situation, is this about VOIP? On one side, in an academic paper we need to keep an open mind, which makes it a good statement, but when we regard government pushed policy “open access alone can be an insufficient remedy for many of the likely instances of network discrimination“, the use of the word ‘likely’ seems a little unacceptable.

The next issue is found on page 158 of the paper “Have broadband operators tended to favour certain uses of the Internet?” To what extent? The goal of this section is to answer these questions, to the extent possible, for broadband networks during the year 2002, so we get answers based on a situation that is 13 years old, so this is BEFORE true smartphones, before quality 3G and whilst 100Mb broadband was rare. 1000Mb is now in some places regarded as slow, we get internet information faster on our mobiles now, than on broadband in those days, overall the growth of speed has been near unparalleled since the beginning of the internet and I am just looking at the last 5 years. The more I read of this 39 page paper, the less this makes sense in the current environment. Not the thoughts by themselves, the thoughts made perfect sense (to a certain degree) in those days. Yet, the ISP’s and Cable providers evolved almost exponential in their offerings. For the same price I now get a little over 10 times the amount I had before. I now end up with 500% download space of what I need (and I have one of the cheapest offers), so far I have not seen any limitation on what I require, so is this a pure American issue? That could be the case, but those pushing Net Neutrality better realise that moving business from US to Canada is not that far-fetched an option, I personally see these events as the FCC seems shooting itself in the foot.

Yet are my thoughts correct? (Always a good question to ask)

Let’s take a look at the Washington Post (at https://www.washingtonpost.com/news/the-switch/wp/2015/07/24/republicans-are-trying-to-defund-net-neutrality-will-it-work/), ‘Republicans are trying to defund net neutrality. Will it work?‘ The quote “This week, the Senate Appropriations Committee approved a bill that contains an amendment singling out the FCC and net neutrality. Notably, the rider would prohibit the FCC from using its most powerful regulatory tool to police Internet providers — Title II of the Communications Act” is at the centre. Yet, what the Washington Post shows is nothing more than a political side.

It’s CNN that gives us part of the goods (at http://money.cnn.com/2015/06/12/technology/net-neutrality/), they ask a few questions and give us answers. That is what matters. So let’s take a look.

Isn’t that what exists today? For the most part. In reality, the world won’t look much different on Friday. Netflix won’t suddenly stream any faster for you. AT&T (T, Tech30) and Comcast (CMCSA) won’t abruptly stop laying down high-speed fiber cables and investing in their networks as retaliation“, after which CNN brings a quote that is surprising “And Comcast can’t slow down file-sharing websites, like it did to BitTorrent a few years ago“, which is more than interesting. Because, for the commerce of the USA file sharing is not a good thing, even though downloading movies is copyright infringement, pursuing these events is a near impossible task, especially when those servers are outside of the USA.

Who supports net neutrality? Now this is the number one question. “AOL (AOL, Tech30), Facebook (FB, Tech30), Netflix (NFLX, Tech30), Twitter (TWTR, Tech30), Vimeo and every other major Internet company are in favour of the FCC’s new rules. They create the content you read and watch online, and they don’t want to face discrimination by network owners who can threaten to charge higher fees or slow them down“. This statement is pretty far out there when you are not an American. In America, when you see places like Comcast, you pay for 75Mbs, 150Mbs and prices go up fast. So from this point is there reasoning for Net Neutrality? I still do not agree, but before going into this we need to look at Sprint, they offer unlimited high speeds with a sharable 10Gb for $100. This is less than 40% of the bandwidth I had 6 years ago at half this price. San Francisco gave me decent prices that are in alignment with what we see in Europe. Again, will Net Neutrality solve this?

Now let’s take a look at those supporters, Facebook and Twitter are data collectors, Twitter is the smaller and Facebook in the larger extent. Netflix customers require download power a lot more than Net Neutrality. The same can be said for Vimeo, AOL and Google+ for that matter. They all are vying for a customer base and when a person gets 10 GB at $100, whilst Europe and Australia enjoy prices like $70 for 200 GB you can see the issue at play. I am wondering whether this is about Net Neutrality or is there an issue with cartelisation in the US? We are so used to see that things are cheaper in the US, the fact that the US is leaps behind when it comes to the internet. That does not address the Net Neutrality. In my view it leaves us with more questions. The fact that prices are so high makes me wonder why a place like the US is not more competitive in that regard. But this article is not about that. It seems that Netflix needs download power to survive, and that is lacking in the US. In addition, it seems that the providers are extremely ‘protective’ on pricing, when investigating prices, TWC gave me “You are visiting our website from an area we don’t currently service“, which I got whilst entering a Chicago Address. So in all this, there is a multitude of issues, which have less to do with Net Neutrality and more about the stranglehold on pricing some seem to keep in the US.

Now am I upset? Well that is not really the question is it? I am like many others a capitalist (to some degree), yet that part has always been drenched in reason. As the information is reaching me, reason is not really a part that the internet providers seem to employ in the US. Especially as they offer internet at 33% of the speed and at 20 times the price. So it seems to me that Net Neutrality, even though in this light might have some effect to some of the solutions depending on the internet, yet the overwhelming thought from me is that as the FCC pushes Net Neutrality, we will also see a shift of the business world seeking an alternative.

When we see an argument that “Comcast could slow down BitTorrent traffic (it did)“, yet when we consider an article by Jacqui Cheng from the 24th July 2010, we see ‘Only 0.3% of files on BitTorrent confirmed to be legal‘, this was from a study that involved 1000 downloads, so 997 were infringing in one way or another, so why is it an issue to slow down BitTorrent?

A final issue should be given to Wired Magazine, who (at http://www.wired.com/2014/01/three-dangers-net-neutrality-nobodys-really-talking/) gives us several views in the article ‘Three Dangers of Losing Net Neutrality That Nobody’s Talking About

The first comes from American Library Association head Barbara Stripling “we’re in danger of prioritizing high-quality internet access for entertainment over education“, is this about the costs of a broadband plan? I have seen how this is not cheap, even as the article is only a year old. She also states “Ultimately, “pay to play” only benefits the privileged“, which I can agree with, it will be about usage and bandwidth, Net Neutrality will not up the game for them, it is about pricing and in some cases the prices are overwhelmingly ridiculous.

The second issue is ‘we continue to give more control over the internet to the government‘, which seems to be the case, but why is it done? Draining additional resources, forcing costs that should not be with the government. The quote here is “What’s worse is that we won’t see it coming, because the FCC’s power will creep in incrementally, on a case-by-case basis — a death by a thousand cuts“. Why is the FCC even bothering with this? Regarding the extent of what I saw as it applies to the US, this is becoming an increasing case of ‘Unjust Enrichment‘. Yet, the legal scope is not entirely ready to deal with this from an internet point of view. The North Dakota Supreme Court ruled in Schroeder v. Buchholz, 2001 ND 36, 622 N.W.2d 202 that five elements must be established to prove unjust enrichment.

They were:

  • An enrichment (Telco’s making excessive profits)
  • An impoverishment (Consumers are charged above their affordable income).
  • A connection between enrichment and the impoverishment
  • Absence of a justification for the enrichment and impoverishment
  • An absence of a remedy provided by the law (clearly in absentia)

It will be hard to prove this part, you see, it is not just about enrichment and impoverishment. The internet world is moving population classes into the haves and the have not, which is a different standard, yet the foundation might apply in finding the remedy for internet pricing, especially when we realise that one in 10 that would end up spending a little over 10% of income to allow for internet (based on the Chicago example), is this an excessive cost? That would be for a court to decide and that decision would not be the same state by state. Yet as that becomes a solution, the Net Neutrality need would diminish.

In the end, I am not convinced that the issues are about ‘neutrality‘, but it is about current technology and about fairness and affordability of the internet, especially when we consider that every child today needs to learn to proper use the internet from a young age, only to keep even with the other players, once the US falls deeper into the pay to play trench, we will see the growth of additional classes of segregation, those who are technically viable users and those who are not. That last one must be avoided at all costs, an issue Net Neutrality as I personally see it will not answer.

 

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