Tag Archives: Electronic Arts

March 8, 2016 · 21:58

Of mice and rats

Today news reached me that has me a little baffled. News that seems weird to say the least but, it is news and it is a reality. The news: “Microsoft is cancelling development of Fable Legends, Lionhead Studios’ Xbox One and Windows PC game, and is “in discussions” to close the Fable developer, according to a statement released by Hanno Lemke, general manager of Microsoft Studios Europe“, from several sources gives us the issues at play. In the 10 years running, between 1996 and 2006 we see Lionhead being created by visionary creator Peter Molineux. The man who created Bullfrog, sold it to Electronic Arts and got serious with Lionhead. During his reign, he created Black & White, Fable, Black & White 2, Fable 2, Fable 3 and so on. Each of these titles would shake the foundations of gaming. The originality and vision brought towards these games would continue for a long time to come. Fable 2 and 3 were made as Lionhead had been sold to Microsoft, but now, the curtains are closing. They had one more cash cow by remastering Fable into Fable: Anniversary and that was it.

In the same time that Peter grew Lionhead in the 10 years, Microsoft broke it down to what it is now. A cancelled brand, IP wasted and no look towards the future.

The quote “The free-to-play spinoff of the Fable franchise was intended to be cross-play compatible between Windows 10 and Xbox One” is perhaps the most interesting one. You see, people would have lined up around corners to get a next gen Fable 4, and they would have paid full price for it. Even though Fable 3 was not the jump forward we got when Fable became Fable 2, but the materials created had left plenty of options for a new story, a new storyline in somewhat familiar and accepted surroundings.

What is it with large corporations, especially non-gaming ones, to think that their business solutions will work in an area that is all about art?

On one side there is all the benefits of a separate and different Fable game, yet we have clearly seen that Fable 1, 2 and 3 worked. In an age where good titles are everything, the massive delay Fable: Legends brought is one that gave despair to the gaming community. Consider that both Fable: Legends and No Mans Sky would have been late, yet a multi-billion dollar operation like Microsoft could not get their act on line, whilst Hello Games, a party of 15 people (and roughly £1,827.43 in the bank) are about to release one of the biggest ground breaking games in gaming history, can anyone see my reasoning here?

Gaming visionaries are rare, really rare, I am at least able to recognise those people. It seems to me that Microsoft failed on several levels. The IP that could be transformed and the IP that is still out there is worth billions. Someone like Richard Garriott is sitting on IP that could rival and even surpass Bethesda (this does not reflect negatively on Bethesda). Hello Games has created IP that can revolutionise RPG gaming and sandbox gaming as we know it, whilst Ubisoft, Electronic Arts and Microsoft are barely getting by.

Now in case of Electronic Arts there are still irons in the forge and it is possible that the silent kept Mass Effect 4 could break barriers too, we will find out much closer to the end of the year. I am not taking a look at Ubisoft for now. Every MMORPG has a start-up phase and a game with millions starting within 24 hours will create entirely unseen levels of bottlenecks. Let’s give them a little space!

Yet in all this gamers should see the premise that exists, because two small time developers (David Braben and Sean Murray) have achieved IP originality and growth that none of the large developers have achieved for some time. Large developers have been forgetting that art is the focus, a view Jason VandenBerghe has shown, which is why I have faith that For Honor will be the success I expect it to be. It does not matter that this is an Ubisoft title, I expect it to be a great title! Even though it is not my cup of Tea, it is very likely that I will get this game regardless. For the same reason that I will never part with Bloodborne, even though I am hopeless with this game. It is one of the most amazing titles to play, it shows excellence from the very first moment I started to play; everything regarded for Honor showed the same slither of uniqueness and excellence. The fact that Ubisoft confirmed that For Honor will have a complete single player campaign (perhaps even three, which is a speculation from my side), makes me more and more interested in this game. The release date is TBA, but when we look at the overall score, there is a worry (not specifically towards Ubisoft), the large players seem to have ignored (for the most) the creation of truly new IP, they rely on remastering of franchising, whilst there is still a massive area to explore. In an age where the next gen war is in full swing and the winner decides what platform makes the cut, in equal measure as Microsoft broke its own foot on claims regarding the initial Xbox One, we see a change due to Windows 10 that is fueling additional dangers and fears, herding a massive group of undecided players towards the corral of Sony. This is of curse good for Sony, but that means that Microsoft is either pulling out of the gaming front or transposing gaming for ‘generic entertaining downloads’ that is all about Digital Selling. It is their choice to make, which would allow Sony to become the unopposed winner for 5 generations of console.

In my personal opinion, all due to a ‘business’ core that looks at a spreadsheet and does not understand the gaming business. Sony will regard this as no great loss. The moment that Microsoft realises that the power given to Sony also deflates the future of the ‘Xbox Two’ (or whatever it will be called), we will see many overreactions and no resolution. This last part is not due to Lionhead, this is the beginning downward spiral as we are getting exposed to the ‘carefully released leaks’ of a next Xbox with changeable graphics card. The move by Microsoft to remove the gap between computer and console. As I see it, it will be the end of Microsoft gaming. The issues that graphics bring, often due to open drivers might give a better resolution, yet in addition it brings issues too. You only need to look at Arkham knight and how it is no longer a reality for PC’s, whilst running nicely on Consoles (in my case on the PS4) to see the dangers of this step. With Arkham knight there is no blame towards the developers. One source (extreme tech at http://www.extremetech.com/gaming/224216-is-nvidias-physx-causing-amd-frame-rate-problems) gives us “Ever since Gears of War Ultimate Edition came out last week, there’s been a rumour floating around that one reason the game runs so poorly, with so much stuttering on AMD hardware, is because Nvidia’s PhysX is actually running on the CPU“, which is now impacting Microsoft’s own product “Microsoft has launched the PC version of Gears of War Ultimate Edition, but the characteristics of the two titles couldn’t be more different. The new Gears of War is catastrophically broken on Radeon cards“. So how long until you get a card that makes old games trash and new games rubbish? This is the core that gamers will get to face. In addition, how will you enjoy your console when you end up buying a new graphics adapter at $1200 every other year? There is a reason why I decided on consoles. Yes, I accept that 4K gaming is not an option. However, the equal reality is that I have never stopped loving playing Diablo 3 on the PS4, as well as the fact that Minecraft has ZERO hardware requirements (regarding the graphics adapter) and is every bit as fun and addictive as those needing the Nvidia GFX 980 TI.

Was this ever a consideration for those in charge of making the call of change for the future?

The end of Xbox is not in sight, neither will that be the case for this generation (unless Microsoft goes lopsided on DMA issues). So what about the mice? The mice are the independent developers who softly walk by delivering awesome achievements, may we see many mice on our way to great gaming. The rats are the executive business ‘leaders’ who gotten themselves in a $$$ environment, not understanding that world they move in. Good luck I say! One of these mice is Tom Francis who is on route to bring us a game, currently not yet finished as far as I know. A game that given its size could become a desired game for both PSN and Xbox Live. No matter who gets it, it will be a winner for that brand. I believe it requires ‘better’ graphics and a little ‘more’, but in its basic setting it is as appealing as many ‘hi-res’ games currently for sale. The title is called ‘Heat Signature’ and I hope it will be playable this year. Did you count with me? Three original games, with the larger players showing indecently less promise and in addition the possible upcoming console dangers Microsoft might bring its consumers will impact the gaming scene in even larger ways. That market could shift towards Sony, with a market worth billions for the next real visionary.

Let the games begin!

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Tagged as Black & White, Black & White 2, Bloodborne, Electronic Arts, Fable, Fable 2, Fable 3, Fable Legends, For Honor, Gears of War Ultimate Edition, Hello Games, Jason VandenBerghe, Lionhead studios, Mass Effect 4, Microsoft, No man's sky, Peter Molineux, Richard Garriott, Ubisoft, Xbox One

November 1, 2015 · 11:05

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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Tagged as Diablo, Diablo 3, EA, Electronic Arts, Fallout, Fallout 4, Forbes, Hello Games, Kotaku, Minecraft, Morpheus, No man's sky, Paul Tassi, Push, Rise of the Tombraider, Sean Murray, Sony Morpheus, Ubisoft, Watchdogs

September 20, 2015 · 12:57

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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Tagged as Abbott Laboratories v Corbridge Group Pty Ltd (No 2) [2001] FCA 810, Electronic Arts, For Honor, Jason VandenBerghe, Justice Windeyer, Lord Diplock, Lord Justice of Appeal, Lord Justice of Appeal Waller, Mass Effect, No man's sky, Person Skilled in the art, Peter Molyneux, Professor Guilbault, Richard Garriot, Sean Murray, Sunbeam Corporation v. Morphy-Richards (Australia) Pty Ltd [1961] HCA 39, Ubisoft

July 20, 2015 · 21:50

Are stockbrokers clueless here?

My twitter account tweeted a tweet only minutes ago that gave me pause to take a look. It is an article from Gamespot (at http://www.gamespot.com/articles/activision-stock-joins-ea-in-hitting-all-time-high/1100-6428993/), which is actually 2 days old. The title ‘Activision Stock Joins EA in Hitting All-Time High‘ was reason for the first giggle, then I decided to take a deeper look at the quotes. The result?

Well, judge for yourself!

First off we get “The video game publishing giant’s share price reached an all-time high recently of just above $26 a share–and some experts are optimistic about the company’s potential to grow even further“, which is funny in its own right, where ‘some experts‘ is a link to www.zacks.com. Now, as I see it, the fact that they rely on how Activision/Blizzard is such a success as they state it “Call of Duty, Warcraft, Diablo, and Guitar Hero franchises“, which gets an added “Along with its Zacks Rank #2 (Buy) and an expected EPS Growth Rate of 7.47%, there are three important factors to know when considering investing in Activision Blizzard” the site goes on mentioning a few titbits, which are all true, yet the foundation of the issue is one they skated around, why? It can be that they have no real sight on video games, or because they have other reasons. I have no idea what the other reasons are, yet in my view, their first tactical error is: “For the quarter ended March 31, 2015, Activision Blizzard’s GAAP net revenues were $1.28 billion, as compared with $1.11 billion for the first quarter of 2014” the second one is “Activision Blizzard’s earnings per share in 2014 was $1.42, again representing an all-time high of over 50% growth year to year“.

Before I start explaining this, let’s go back to the original article for a moment.

The next quote is “Activision has a number of projects currently in the development that investors may be looking forward to. These include Destiny’s Taken King expansion (September), Skylanders: Superchargers (September), and Call of Duty: Black Ops III (November)“. It is important to see what is up and coming, as such we see a field of particular possibilities, which gets the final added quote “the company will report earnings for its latest financial quarter on August 4^th“.

So why is all this an issue?

First off, this is about stock joining EA, whilst the article is deadly numb on anything Electronic Arts in this field, which is odd to say the least.

Now for my other part, you see, investing in game stock is often massively risky, the part that these research companies fail to realise is that the value of these places are directly depending on the next upcoming failure! That has forever been the case with gaming companies, you see there is a reason why Ubisoft PC sales were down 90% in 2011 and I can tell you for certain that software piracy was NOT the cause of that!

So why did I find this all hilarious? In the end whatever a person wants to sink their money in, it is all fine by me. Now for the backdrop in all this, because so far, my reasoning could be regarded as an emotional one, which is really bad when it comes to shares.

No one will deny that Blizzard is a place of success, I am still addicted to Diablo 3 (as I was to versions one and two), yet Blizzard is still getting over the loss of Titan, a success that would never come to truth, which in the scheme of things is not the deadliest issue, especially as World of Warcraft is still grossing a billion a year, so Blizzard has many moments of success. However, stability is not a sexy thing in the market and Blizzard requires growth to pull this off, even though there are clear and reliable rumours of another DLC for Diablo 3, which would be, if we go by reaper of souls an essential and absolute must for any Diablo fan, it would not be enough for Blizzard to propel forward to the degree it needs to (personal view), in the end Blizzard is a fine company, with a solid income, yet as I see it, the massive sales drive needed (growth of customer base) is not one that Blizzard has, it has a faithful and loyal customer base (I am one of them), yet in my case, it is set to a game I have had for well over a year with no new spending in that time.

Now let’s take a look at Activision, first the good stuff, there is no denying that Skylanders was a brilliant idea, not particularly for me, but it is making kids spend, and spend and spend (or at least their parents), these figurines are not cheap. A well thought through business model. Destiny is another matter, this game is an MMO and a FPS, which is nothing short of a hybrid game and even though I am not a fan, the game looks good on the systems, but like all games of this nature, it has a problem and a handicap. This is nothing personal, you see, whatever good it is, it is money that has been spent. In one way Destiny is a huge success, the cost to make it was half a billion, yet this game made over 1 billion, so that is definitely a win. Now Destiny joins the ranks of requiring DLC moments, and here is the first hiccup. The drive and ‘choices’ in ‘The Taken King‘ expansion, has been all over the net and the day one gamers are not happy! The new full version with DLC will come with items available only in the Collector’s Edition mean that players only chance to get those items requires them to re-purchase a game and DLC they already own, which is not a good moment, so the new players will get rare weapons and items that seasoned players will not be able to get their hands on, the playing field will now be slightly uneven, it also makes for a game where players have a case of the ‘envy’ which also does no good, you see envy bites in a gamer, until he is too pissed off to play, which is deadly to Bungie to say the least. In addition, like with blizzard, revenue will come in, yet not in the large masses it did come in, so these players need to also rely on new IP and new games to grow its customer base. In addition, when we see a review like ‘Final verdict on most expensive video game ever made is a disappointing lack of ambition’, which we can question as it is only a single view, but MMO’s have fans and loathers, there is no in-between here. I am to some extent a loather, in this my reasoning is that these games at some point get hacked and the people go in overcharged destroying a perfectly good game, in addition, you need a decent player base with gamers that play like gamers, I do not mean their skill levels, but I mean that a certain level of courtesy is expected of your fellow fight mates, that at times is just not happening, souring the experience. It is also important that these bad moments are often just moments, not constant occurring events, in addition, many MMO games are often too unforgiving to new players, in some cases players who are experiencing their first 10 minutes in a game like Destiny, I have found in the past that MMO games do not once, not ever correctly tailor to those players, which puts them off. Someone gave this as a con to Destiny “Repetitive enemies, non-existent set pieces, and terrible bosses. No new ideas and overly simplistic role-playing and customisation elements“, I do not disagree here (from what I have played) but there is one side that is not part of that ‘con’ A game that tailors to thousands of players needs a stable setting, which cannot survive on terrible bosses and simplicity, what cannot (and as far as I can state) has not ever been confirmed is how the game plays after a while, you see, these games need to rely that a person once he/she pushes past level 13 is still eager to play, repetition is a killer here, not at level 4, 5 or 6. That will impact longevity, a side the stockbrokers do not seem to understand as that part of the game will not fit into a spreadsheet.

Now we get to the EA side of things, yes, there is no denying that their list is good. First we get the sports games (NHL, FIFA, NBA and NFL) and there will be Star Wars Battlefront. Now the bad part, so far EA Sports will always need patches and if the previous games are anything to go by it will not be that bad. In addition, sports games have a loyal following so unless their QA department screws up, we have 4 seemingly decent going games, however Star Wars Battlefront (SWB) is another matter, no matter how it looks now, there will be issues all over the board when the population at large goes into it, it is a mere statement of fact. An open system with so many fans will optionally truly drain the internet, so as EA overcomes the first issues, it will be an important setting, because Destiny and other MMO’s (real Elder Scrolls) have made many gamers a little hesitant to go day one (except for the limited edition fans), so that first hiccup will determine how wave two will react and that will result in slacking sales, in addition, upcoming Q1 2016 games will possibly see delays and the true kicker (Mass Effect Andromeda) is not out until the end of 2016, that is if there are no development hiccups. So in all this we have a stable setting from both, yet in my view, stability does not give rise to exploding share prices and the fact that EA doubled in a year might sound nice, but that was the result of new Nextgen consoles with a population making a mandatory purchase as there were almost no choices in games, now a year later that market shifted and the true anticipated upcoming games only have SWB on its list, the rest of the desired Nextgen games are all indie developers with none of them linked to either Electronic Arts or Blizzard/Activision.

In addition, the latest ‘remaster’ joke comes from Activision, The Prototype bundle, which I was initially looking forward to is now already regarded as the worst remastering ever. A frame rate that seems to go no higher than 30, blurry graphics at times, what was original is now a game not to take seriously (either of the two games). So Activision end up with two titles on Nextgen that look worse than it did on the original consoles, who is that for a non-achievement, that failing will also impact the non-revenue side. Kotaku shows it best at (http://kotaku.com/the-prototype-bundle-for-ps4-and-xbox-one-is-pretty-sho-1718779050), especially when the Xbox 360 has a framerate of 26, whilst the Xbox One has a framerate of 24. The average gamer can immediately see the flaw here, so why release a game that below acceptable default? It also implies that when a software house goes to this length to hope for revenue, we see a side that many gamers fear, the remake of a decent game that becomes a far below average result. It tend to make them shift focus to other titles, titles that are not from that software house.

From these point, I can now state the opposite of Zack’s reason to buy, which is from a gamer’s point of view, perhaps the shareholders will see it differently (as they focus on spreadsheets) when they look at returns, so when the next set of games fall short of quality, are returns still a guarantee? Again, my emotional side does not trust the setting here and I would personally prefer to sink $100 for shares on Frontier Development or Hello games based on their beta’s then on some of the final versions that either Activision or Electronic Arts has to offer. Yes we gamers are an emotional lot perhaps that will be part of what some might regard as ‘my failed view’ here, which would be fair enough.

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Tagged as Activision, Activision Blizzard, Blizzard, Bungie, Destiny, Diablo 3, EA, Electronic Arts, Frontier Development, Gamespot, Hello Games, Mass Effect Andromeda, Star Wars Battlefront, The Taken King, Twitter, www.zacks.com

June 8, 2015 · 20:30

More FIFA shit?

That was the very first thought I had when I found the article in the Guardian (at http://www.theguardian.com/football/2015/jun/07/russia-qatar-lose-world-cups-if-bribery-found-fifa). The article ‘Russia and Qatar may lose World Cups if evidence of bribery is found‘. Domenico Scala, the independent chairman of FIFA’s audit and compliance committee decided to open his mouth. Which sounds rude, but that is what it adds up to. You see, in all this, as I see it, nearly EVERY MEMBER of FIFA seems to ignore, or sidestep the report by Michael J. Garcia. Is it not interesting that the report called for far trivialised by FIFA and now it has been silenced? Is it remotely possible that Michael J Garcia was the only uncorrupted voice?

It seems like a hard verdict and it seems crass to say so, but I have an issue with an interim manage with massive big business ties. Many of them none too pleased with either Russia or Qatar winning the ballot. With the quote “The new evidence, obtained by the BBC, appears to show how the 2008 payments from Fifa – ostensibly for a Diaspora Legacy Programme promised by South African World Cup organisers” we do take notice, especially as BBC had been on the case of Jack Warner for a long time, but how does this connect to Russia or Qatar?

The article then shows more with the quote “‘after talking with everybody … Whose votes went where? We’re all colleagues, you know. And then we found out that actually Morocco won by two votes,’ the Sunday Times reported Bhamjee as saying“, which seems to be another worry, as I see it, one of the next world cups should then be allotted to Morocco by default, which one is hard to say, 2026 perhaps?

But the article seems to go off to the side, you see the one small quote “had also alleged bribery during the 2018-22 race” is not enough. In a river of papers, documents and evidence the issue of Russia and Qatar are now set in 9 words.

So why is the Michael J. Garcia report held back, why is Michael J. Garcia not talking? It seems with Fat Cat Sepp and loads of others gone, Garcia might become untouchable, depending on that report, so why is that kept behind closed doors? That is part of the reason why I am not willing to give Domenico Scala any leeway or trust, especially with his biopharmaceutical links and his past in Nestle and Roche. These are global players with their claws all over the place. As I stated in my earlier blog regarding FIFA, ‘is it more likely than not’ that large corporations want Qatar to go because of the hundreds of millions in advertisement that are lost because of the Qatarian situation? Having the investigator who basically sleeps in the bed of these large corporations is not a mindset put at ease. The fact that Michael Garcia has vanished in a cloud of non-publications for almost 6 months does not help matter either. The fact that the press is not all over this is even more unsettling.

Then the last sentence, which is actually quite the firecracker. You see the sentence “The Sunday Times says that it supplied the evidence to Fifa five years ago but that it had not acted on it“. Of course, the fact that it is directly linked to Rupert Murdoch does not help the case. But the issue that does play is whether this interaction is in Michael Garcia’s report does matter. You see, if Garcia has it, what were his findings? If he did not have it, the question becomes, who has been regulating the mailboxes of the FIFA members. At this point it is likely to be more than just a reference to people like Jack Warden, because whoever did that (if it was done) must have been a person who is very high up the ladder of FIFA.

The one thing that puts the people (especially the Soccer lovers) at ease is the one step that FIFA is not making, now we get a new one in ‘charge’ and we see more headlines with the mention ‘if evidence of bribery is found‘. So, is my lack of trust that hard to grasp? Overall is there any faith in FIFA at present? Not by me, I do not matter, but those who are truly passionate about soccer, those who felt the reality, which they have expected so long, it still hit them like a kick in the nuts!

They are the people Domenico Scala needs to connect to, especially if FIFA is to have any future, because the news now is just news, but son we will see day after day the issues of extradition that is being fought by those allegedly corrupt, who are in fear of future for their sphincter as they enter the US courts. Then the actual courts that will take more months and more news again and again on FIFA and corruption. If Domenico Scala wants the trust of the people, the true soccer fans, than as I see it, he has no choice but to publish the report, preferably with Michael J Garcia standing next to him vocal about every part of his report. It is not the view Hans-Joachim Eckert would like, but there are questions, questions that also include the ethics committee. So as we see the quote that BBC had on December 17th 2014 “Fifa president Sepp Blatter said: “I am surprised by Mr Garcia’s decision. The work of the ethics committee will nonetheless continue”“, in light of all the arrested and one person who resigned, how did the ethics committee continue, and did it actually continue at all?

Having someone on the ethics committee does not mean that there is an ethics committee, for that reality, one need not look any further than the UK and its view on ‘justice’ via Justice Secretary Chris Grayling. The amount of my peers that have loudly voiced their view on what the Lord Chancellor regards as legal aid, which by the way is what you usually hear when a truck drives starts shouting after a traffic jam of 18 hours, it is not healthy on the ears!

In all this, many articles and several decision only seem to fuel uncertainty, especially regarding trust of FIFA that is now getting louder. Uncertainty will lead to a more grim view on what will happen to FIFA. You see in the end, the power of soccer is Europe, which means that if enough uncertainty is voiced, someone in power will voice to secede FIFA and make UEFA the one power in Europe. FIFA might laugh now, but the large soccer nations include UK, The Netherlands, Belgium, Germany, France, Italy and Spain. If three of these, agree on that action, they can pull a host of other european nations across. Let’s not forget that 70% of the power of soccer is Europe, it is not America, Asia or Africa. So whatever is left for the world cup will diminish the ‘world cup’ into a trophy of a few nations that will soon thereafter see that all the funds of soccer remains in Europe, at that point large corporations will pull out and the 6 billion Euro dream that was will be a devaluated nightmare. That nightmare will continue with every court iteration the US goes through on corruption.

That view only polarises further when we consider the quote “He has threatened to release an “avalanche” of secrets about FIFA and its embattled president Sepp Blatter, who last week announced his intended resignation“, which was in the New York Times (at http://www.nytimes.com/2015/06/08/sports/soccer/at-center-of-fifa-scandal-a-divisive-politician-in-jack-warner.html. This ‘threat’ is not entirely impossible as Jack Warner was previously a minister of national security and transportation. So we will soon see the ‘spook’ stories in the Telegraph I reckon.

In all this, the media will become the hyena that needs feeding, if Domenico Scala is to get any handle on this, releasing the full report of Michael Garcia would be a first step. It will not matter what that report states, you see, if it is useless, it will only reflect on Michael Garcia, if it was dynamite, it will hit resigned president Sepp Blatter, but it could also have repercussions for Justice Hans-Joachim Eckert, but that would depend on the report itself. If it does show that there were issues with both Russia 2018 and Qatar 2022, well, as I stated before, let the chips fall where they may!

So as we will get more FIFA shot for a long time to come, which has a hidden treasure (if Swiss Law helps me out here). You see, life in Switzerland is not cheap, even though he has millions, now all that money going to him will be mapped, anyone ‘helping’ him out will soon fall under the investigative scope of the US as well, due to possibility of being an accomplice. I am not stating that those people are that, but a criminal investigation is taking place. Now he is in a land where bank secrets will not help him as he is under scrutiny of extradition, in addition, Scotland Yard (who must feel humiliated as this all happened under their noses) are now looking at him 24/7 as well (a presumption on my side). Jack Warner is under a microscope whilst his sons are talking to the FBI, naming their father as a joined co-conspirator. The fun never ends, with every claim he does not pursue (the avalanche of secrets) his position becomes weaker, whatever he reveals implies his connection and it weakens him further as his former ‘friends’ will want to stay away from that toxic environment. He still gets hit, no matter what. I would think that as a former National Security minister, he would have planned his tactics a little better, but that could just be my wrongly skewed vision. Now this comes to blows with the press, I wonder what Brigadier General Alfonso will do. Now that his former colleague is accused, will the General start an investigation into the bank accounts of the agency? I am not stating that Jack Warner stole anything, but what if he used the accounts to syphon money in more than one direction, not just to receive, but to make payment. Now we have a ballgame that is more entertaining than soccer, because if that is so, than Trinidad could be touched by the FIFA scourge. If so, Jack Warner might stop fighting extradition, just to escape the wrath of Brigadier General Alfonso.

In all this, never forget the parts that matter here, there is no evidence that Jack Warner had nothing but the highest love for his Trinidad, his need for … ‘susceptibility to gifts’ does not diminish his national love or in his view his national pride, but how is it viewed by his peers and other around him? That question touches on the quote “The prime minister of this Caribbean republic walked out of a session of Parliament on Friday, angrily chastising a fellow politician and former ally, Jack Warner, who finds himself and his two sons at the center of soccer’s widespread corruption scandal” which the NY Times article started with. You see, overall corruption is not a new thing, it happens in many places, it is just a clear fact that when it gets out in the open, those persons are usually not liked anymore. The same danger he faces all over the field, which is why some of the aspects seem so funny to me. He might throw a few parties now in Switzerland, but soon he will face the reality of legal fees and cost of living, because whatever he wants to pay with will be under none stop scrutiny.

So, we will see plenty more FIFA ‘shit’, the question I have is how UEFA will act and react, because faith in FIFA could soon be at an all-time low, more important, what is Electronic Arts (EA Sports) not willing to pay for?

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Tagged as BBC, Belgium, Bhamjee, Brigadier General Alfonso, Chris Grayling, Diaspora Legacy Programme, Domenico Scala, EA Sports, Electronic Arts, ethics committee, FBI, FIFA, France, Germany, Hans-Joachim Eckert, Italy, Jack Warden, Jack Warner, Justice Secretary Chris Grayling, Lord Chancellor, Michael Garcia, Michael J. Garcia, Morocco, Nestlé, New York Times, Qatar, Roche, Rupert Murdoch, Russia, Scotland Yard, Sepp Blatter, South African World Cup organisers, Spain, Sunday Times, Switzerland, the Netherlands, The Telegraph, Trinidad, UEFA, UK

February 19, 2015 · 22:32

Burning out your life

Yesterday’s news in the Guardian is skating on an interesting side. Yes, there are more games awards coming, there are new releases and there are all kinds of events coming into play. So when I read ‘Crunched: has the games industry really stopped exploiting its workforce?’ (at http://www.theguardian.com/technology/2015/feb/18/crunched-games-industry-exploiting-workforce-ea-spouse-software), I read it with a different set of eyes.

The first part is “EA relied on vagaries of American law that classify some IT professionals as exempt from overtime pay. The settlement in the second case featured a quid pro quo: employees would be reclassified in order to get overtime but would give up their stock options“, I can guarantee you that I have been in the same set of shoes, Market Research is at times as caring as a steamroller driving over Miss Daisy. It is nice to see the claim ‘stock options‘, yet that flavour of reward tends to be for the managers and the heads of development, not for all the programmers. They tend to get an evening of free food and booze. Take 35 programmers each having done 100-250 hours of extra time, getting paid off with a $300 meal, works out great for the manager getting his 25,000 stocks at $0.50, not so great for others. I am not stating that this works exactly like that in gaming, but I have seen it in other areas of software.

“The most common theory is that the industry is simply too young and too fast-moving to integrate proper management techniques. “Our project was huge and our overall quality assurance process at the time was very basic and waterfall-esque,” recalls one quality assurance worker at EA“, is the second part. This has been shown in several games of late, if we look at the flawed releases of 2014, we can clearly see a lacking scale of QA. It then refers to the work of Fred Brooks on how company size influences efficiency. There is no denying that. Proper management is required, especially when the group grows faster than projected. A special mention of the honour guard must be given to the Marketing department who then also changes the timeline, to get that extra revenue, like marketing COULD have figured that part out at the very beginning. All this will add to the burden of quality delivery and the stress of the workers.

This quote is important, as I consider this to be a stronger part of the sliding quality scale “I was a quality assurance tester at Rockstar, and at its worst, we worked 72 hours a week“, a decent reason for quality to slide (irritating that Rockstar still pulled of a 90% plus rating, although they had a few start-up issues), especially when you consider the following quote “if you had issues with it, you were told ‘Well, you can go stack shelves at Tesco instead or answer phones at a call centre’. You were treated as disposable“, not an entirely unknown event for some in the IT pool. When we consider ““Developers and managers should never have to work more than 40 hours a week,” he says. “It’s a fun job, but it shouldn’t be an exploitative one. Everyone has a life. Let them live it, it’s short enough as it is”“, that sounds partially as a solution, but only if it affects the entire range of staff.

I personally see this all as a reason on why there has been a sliding scale of quality. Is there a chance that Ubisoft has been on this track? This is NOT an accusation! You see, too many hours result in burnout, burnout influences creativity and resolve, crunch time, might give a little extra resolve, but in the end it costs more then it brings. I think that the power of innovation will always win, if balance and rest (to some extent) is made available to revive the soul and the mind.

I think that the next quote sounds nice, but is it enough? “Over the past 18 months, EA has been making significant investments in new quality assurance tools and automation technology, implementing ongoing testing right from the beginning of game conceptualisation. These changes are ultimately improving game quality, as well as reducing the need for the crunch periods”. These tools need proper implementation, they need proper assessment and the people need to properly use them. It tends to add a strain to all levels for a little while. More important, it is only one side of the game (pun intended). For example Mass Effect 4, the engine, the locations, the interface, all are under stress to be made. What if a solution throws the gaming experience? What happens then? What happens when the initial reception is ‘average’, what will marketing do then and more, what will the size of crunch become at that point? You see, the article ignores one little part. For all intent and purpose, games tend to surf at the very edge of technology. In some cases the makers will attempt to get the max of a system that is at times a little buggy and when you try to use 99% of the system, things tend to go pear shaped really fast. We can offer that the danger of being over ambitious is a bad thing, but this is how some games came into existence. The very first Unreal and Unreal tournament were both chartering the maximum of graphical capability when they were released. Some people invested hundreds of dollars to get a Diamond Labs Graphics card to get the maximum of the game. This is only the tip of the iceberg, when we see consoles there is less manoeuvrability, yet getting the maximum of a game has never stopped the developers. That part is not addressed and that part is every bit as important in dealing with the timeline and QA of a game.

Yet, it is not as much as it was (or so they say), but making the great hit at the E3 or another main release date is the main drive of crunch, especially when the final piece of the development puzzle does not quite fit. That part might be addressed in the management charter, but we must also be realistic that a great game takes time to develop, which made a statement given by Ubisoft “We are able to offer people a new Assassin’s Creed every year because they want Assassin’s Creed every year” nothing more than a joke. Especially if they wanted to rule the gaming industry. In addition I would like to raise that the next big thing is supposed to be ‘No Man’s Sky‘ which will arrive in 2015. We must realistically anticipate that the hype gets away from us all, but it is still seen as the big thing. It took several years, which gives additional view to the hilariousness of: “Ubisoft: No Annual ‘Assassin’s Creed’ Would Be ‘Very Stupid’“, it is such an issue because true innovation takes time, consider on how certain glitches had been around in AC2, AC2B, AC3 and AC Revelations. I can understand that some of these glitches were around in the second game, but to still have those issues 2 games after that is just a laughing matter. There is a reason for me to mention Ubisoft, not because I am ‘so’ against them (I truly am not), but their track record speaks for themselves. So will 2015 be an EA year? That part remains to be seen, however, as I see it at present, there is enough indication that Ubisoft had been hit by burnout staff (assumption on my side). Will a change of atmosphere give us better games? I certainly hope so, because games thrive on the creative and innovative mind, a state that crunch time seems to destroy. This is not just my view, there are loads of views out in the open, some scholarly, some less so, most of them all agree that crunch time and creativity are opposites, so why rely on it? My personal view is that in several cases, these companies (the big ones) didn’t choose the wrong style of management, they choose the wrong sort of manager altogether.

If you doubt my words (which is always fair enough), then consider which games were the true big hits and how they were made. The age old example remains the strongest one. Minecraft was never a big project, yet Microsoft regarded it to be worth over 2 billion. a simple low res game, addictive as hell is worth more than the bulk of the gaming industry, you see, Ubisoft and Electronic Arts both made the same mistake, as they ‘relied’ on a business approach with BI solutions and spreadsheets, they forgot their number one part. If a game is no fun, you lose all your customers really fast. They both made that mistake in huge ways. Both forgetting that their games rely on innovation and creativity, both have ad massive losses in that regard. Will Ubisoft recover? That is hard to say, the EA machine is claiming improvement and it seems that Mass Effect 4 will be their greatest test. EA got hurt badly by Sims 4 and Battlefield, we should also look at ‘Dragon Age: Inquisition is great, but here are 8 things it could do much better‘ on GamesRadar, because when we read that this is a 100 hour game and it loses momentum, we can agree that $100 for a game that could be played within 2 weeks is a little demotivating. It goes back to long before Infamous: Second Son (which is just one of the games that could have been legend), I think that the makers need to retrace their steps on how many hours a game should offer. No matter how good the graphics are, I finished Tombraider in one weekend, which is not good mojo money, especially when you consider that the initial edition (on PS1, 19 years earlier) took a lot longer and was riddled with juicy little challenges. Aren’t games supposed to go forward on more sides than mere graphical resolution?

So as we judge those who make the games we desire, we see that those thinking that they are pushing towards what we desire, only end up delivering a lessened product due to pressures from too many sides, not in the least pressures that they internally created. Even delays (Watchdogs and Elder Scrolls Online) end up not being solutions, in case of the Elder Scrolls, with so many delays that the latest tells us June 2015, has been the reason for many people to just cancel the order altogether. The fact that Elder Scrolls has dropped the subscription part shows just how dangerous their position has been. Here I do want to brag a little, because I came up with an entirely new Elder Scrolls almost two years ago, one that could have saved them many issues as they tried to ‘fix’ their MMO approach. Just as consoles require great games to survive, great games require the right people, people who need to be well rested to get them that golden idea that will make legend. Watchdogs did get a lot closer due to the delay, but what if the difference between 84% and 93% was two weeks of rest? That one golden idea that drove the game to legend status? Is it realistic? You see in hindsight that is all good and well for me to claim, but that is AFTER the fact. I believe my view is the right one, they just needed the right manager to inspire them a little further along, but as always, it is a personal view and it is a debatable one, I do admit to that part.

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Tagged as Battlefield, Diamond Labs, Dragon Age: Inquisition, EA, Elder Scrolls, Elder Scrolls Online, Electronic Arts, GamesRadar, Market research, Mass Effect 4, No man's sky, quality assurance, Rockstar, Sims 4, the Guardian, Tombraider, Ubisoft, Unreal, Unreal tournament, Watchdogs

November 16, 2014 · 00:14

How the mighty can fall

You see, I’ve have had a few issues with Ubi-Soft (or you be soft) in the past. After 5 iterations of glitches and increasingly less reliable accounting of that what they claim, we can see that the floodgates are opening. I wonder if anyone ever explained to Yves Guillemot that relying on marketing and shareholders equals screwing your company value over, those who push for short term gains, will long term destroy a company, in that view the danger of the existence of Ubisoft grows. They are in sizeable company IBM, Microsoft, Electronic Arts, WordPerfect and that list goes on. The first part you see can be found here http://www.forbes.com/sites/insertcoin/2014/11/14/ubisoft-responds-inadequately-to-assassins-creed-unity-embargo-and-performance-issues/ “Obviously, they can handle this situation however they want, but there has been close to zero diplomacy throughout this launch. This statement simply reads as “we are fixing the things you are yelling about.”“, but there is insincerity in that past. It reminds me of a Beta version that was launched, just to keep with dividend expectations. Unity as I personally expect it to be is nowhere near ready. The glitches seen should be caught by a decent QA team, so either it was skipped, or this was about setting shareholder expectations. It is short-sighted and dumbfounded as I see it.

The second term is one I really have a problem with “It’s now a significant, highly uncommon event to have a major game launch without issue“, how about doing your job right? How about proper game testing, how about not being the bitch of marketing (for the shareholders)? These issues are central in the entire debate on quality software. I wonder why a billion plus company did not figure that out, or is this the bad side of the image they accepted?

There are even criminal charges to consider at present “To say that this one aspect of the game mandated a 12-hour-post-launch review embargo time is nonsensical” is more dangerous than people realise. You see, for that time, people buy a product which the company knows to be faulty, that by itself constitutes fraud, which might be seen as ‘an act commonly understood as dishonesty calculated for advantage‘, is that not the case here? The fact that it was shipped broken seems to be enough of an indication.

I will take it one step further: ‘A party who has lost something due to fraud is entitled to file a lawsuit for damages against the party acting fraudulently, and the damages may include punitive damages as a punishment or public example due to the malicious nature of the fraud‘, now let’s take a look at this. Consider that the gamer lost time, which is a given, now consider that many gamers can only afford one game until thanksgiving, now they bought Assassins Creed, whilst they might have bought Sunset Overdrive of the Evil within. So it might be considered that they defrauded the others whilst keeping knowingly the lid on faulty merchandise.

I foresaw this coming roughly three years ago, when we heard about a new Assassins Creed ‘every year’. Good gaming does not come on command and innovation takes time, which means that the gamer gets sold short right of the bat!

Forbes brings a good tone, but they remain soft on Ubisoft. Looking at YouTube and searching “Unity sucks” will get you a massive list of rants, which is only in the second day of release. Can we agree to some extent that Yves Guillemot needs to get a grip on his company unless he ends up being found liable on a near global scale (this game is apparently not played in North Korea)?

Gamespot seemed a little ‘softer’ on the makers as they are their primary sponsor, but likely they will claim that it had nothing to do with that, yet the fact that Gamespot gave the game 7 out of 10, should be indicative that the game has massive issues beyond the glitches and bugs as well. Yet Gamespot had good things to say as well “I had that roof approach licked, jumping into the building through an open window and blending into a crowd of bourgeois loyalists before sneaking up on my target and making the kill. With multiple options of attack available, the replay ability factor here is huge, giving you more of an incentive to go back and nail those bonus conditions for completing a mission“, this truly sounds like the old Assassins Creed many loved, yet then they state “These excellent sandbox-style assassinations make up the bulk of Unity’s missions” followed by a few negative notes. You see, the only true sandbox style I have seen is with Bethesda and both Elder scrolls and Fallout. The rest are often scripted to force you in a direction in the main story (for a larger part). Unity does take additional leaps when we consider the quote “I’m all for giving people the option to extend the experience onto mobiles and tablets, or on the web, but those things should offer standalone extra content; locking stuff out of a game you’ve just dropped $60 on is infuriating“, this I felt in the past as well with other games, so seeing it here is not a good thing. I personally think that this is about the data collection side of it all, as they get the information of the player, added with PC and Console information, we become targets in a very real sense. A view I do not treasure.

So as I had decided to let AC Unity slip by (a lack of funds will do that), I feel happy to miss out on the bugs and the glitches. There is one issue in hindsight of this, this is definitely strike two for Ubisoft, I reckon that Far Cry 4 will be their Waterloo in a very real sense. Gamers are more than just a little angry and their end might come harsher then they think. If we consider the quote by Play4Real (at http://www.p4rgaming.com/ubisoft-to-release-eight-assassins-creed-titles-in-2015/) stating “With the release of both Assassin’s Creed Unity for the PS4, Xbox One and PC plus Assassin’s Creed Rogue for the PS3 and Xbox 360 this year, Ubisoft knows that the demand for Assassin’s Creed will never die“, if we believe Ubisoft CEO Yves Guillemot, then they have 8 releases planned from now until 2016. I reckon he needs to revisit quality before even attempting one next one. When we see “but will wait for reviews as AC unity was a bug fest” in regards to Far Cry 4, which was supposed to be the big thing for Ubisoft, we see that gamers are about done with Ubisoft

Watchdogs fell short of expectations (rated 8 out of 10)
Bug fest (we mean Assassins Creed Unity) launched on all major platforms. (7 out of 10)
? (X out of Y)

Strike three might come next week, so we will hold out fairly for Far Cry 4, especially as number 3 was a decently good game.

This is the first true indication of the sliding levels of quality in gaming. As developers (likely more precise would be marketing and shareholders) are pushing deadlines, we see a lowering standard of gaming. The approach, ‘we’ll patch it on day one’ is more and more the standard, whilst this tends to lower the joyous gaming we all anticipated, it also sets a dangerous precedent, because as proper QA is more and more ignored, the overall quality of the game tends to falter too. I do not ignore, that with size comes glitches, yet when we see an overall lack of care, then it is something entirely different and stringing gaming fans along seems almost too criminal. It might be regarded as criminal as people bought a finished game, which is not what this game seems to be, not by a long shot!

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Tagged as Assassins Creed, Assassins Creed 2, Assassins Creed Unity, Electronic Arts, Forbes, IBM, Microsoft, PS4, Sunset Overdrive, the Evil within, Ubisoft, Wordperfect, www.p4rgaming.com, Xbox One, Yves Guillemot

October 2, 2014 · 23:13

Vision, Budgets and Gaming

What makes a game? Whoever has played a game, and perhaps still plays one, has at times asked themselves this question. Even if you think you are not a gamer, you might be one in disguise.

How does that work?

Well, let’s not get to the controllers just yet; let us take a look at the options.

Is it a puzzle?

On many systems, whether PC’s with or without Facebook, on a tablet or on your mobile. It is possible that you have played Sudoku! I have seen a truckload of them and two stand out. First for the iPad there is Finger Arts Sudoku, which is a massive piece of fun and it is all for free. The game is pretty much a perfect version. The second one to mention is Platinum Sudoku on the Nintendo DS. The game went cheap for around $20 and has hundreds of Sudoku’s per level and as you go along, you unlock sounds, backgrounds and so on. Once all have been done, you unlock a few million additional puzzles, Sudoku heaven in two titles.

Is it Nostalgia?

Again, tablets, PC’s and Consoles have a host of games that are revamps from older computers. Ascendancy, Railroad tycoon, X-Com, the list goes on and many are free through Abandoneware some cost just a few dollars through the Apple store or Google play. They can free your mind from several places and some parts can keep you busy for a while. It is as simple as eating pancakes.

So why these jumps?

Well, I had to make a few changes in my life and as such I missed out on a few games as my consoles remain off line for a few months, which means, no Destiny for little poor old me. Yet, is that the case? I got a link to the ‘Angry Joe Show’ who had his vision on Destiny, the 500 million budgeted cash cow for Bungie. The reviews were ranging from 60%-80%, with one overly high one. This is not good, for a game implied to be budgeted at half a billion; you would expect a 90% plus rating.

So what did Angry Joe state?

Lack of competent story telling
Repetitive mission design
Frustrating random loot

Important is that many critics have said similar things on the game. So how come it is such a success?

Well, there are two parts, the first, the marketing was top notch, they created interest and they kept interest levels high, without overhyping, which is reason that the interest stayed. Another side is that if grinding multiplayer games are your thing, then you are fine. Yet, how are these things any good?

They are not!

It seems that we are confronted with a new level of revenue based marketed games, however the overall quality of the games is going down fast, as well as the overall amount of gaming hours. Some state that the Unity main mission can be completed in 15 hours. I finished Infamous Second son in a little over 12 hours, this comes down to a one weekend of gaming, how can that be a decent investment of gaming fun for anyone? I stated issues with Black Flag, now Destiny seems to up the ante, which gives us pause to what comes next. That can be seen in several ways.

The truly big games for Next Gen, like Destiny and Elder Scrolls online are now falling because the outrage is getting stronger fast. So is making games so hard? No! it is not, for the right person, because a real visionary can create something that is desired for decades, like for example the Diablo series, and even though Elder Scrolls Online are getting a fair share of the winds of contempt, their previous games (Oblivion and Skyrim) are still regarded as top notch, even with the glitches.

When we see houses throwing a massive amount of money into something, the image is growing that things are becoming dubious. There is however an issue with that statement. Although GTA-V is not my game, it is a massive success; the game even broke the billion dollar record, which is as far as I know the only game to ever achieve that within the first week of release. There are other independent successes like Minecraft, yet we see now that Destiny made the revenue and the profit by remaining mediocre. So is it the games, or the players?

To be honest, I am not sure that the answer is that easy, for one, Destiny is almost unique on Nextgen. Xbox one has Titanfall, but the PS4 did not have anything like that (referring to multiplayer slaughtering). This skews the interest of the people. Elder Scrolls Online is also feeling the brunt in another direction. When the overall consensus is “I wish this game would’ve turned out better, but everything I read so far has told me to not even bother“, as one player stated it to be, you know that you a looking at a possible 200 million fiasco. This is in itself odd, because Oblivion and Skyrim redefined RPG gaming in a massive way. True, Skyrim is loaded with ‘glitches’ but the storylines can be played and the main story is great too. It is only when you decide to stay in Skyrim and make your character your lives work; it is then that the issues start piling up. However, as I have stated it before, Skyrim is a massive step forwards from Oblivion, which was a large leap from Morrowind, So the makers have given us more in a large way. This gives us the worry, why did they go MMORPG, when the single player games are so fulfilling.

The Angry Joe show also stated some issues on ESO. It is not unlike issues we see in several games. On top of that, one race is only there available if you buy the limited edition; in addition, it is monthly based, so the $100 comes with an additional $15 a month, with an additional $15 for a month zero payment (to set up your monthly payments). So in NextGen consoles, you will lose out on $120 before you got the first hour in. Now, let’s be fair, we need to pay, as we do with every game, but the reviews from several sources show an average game. For example you could be watching a group of 15 men try to charge whilst watching the game crash as the ESO server went down. These things happen in MMO games, yet we don’t see this with Blizzard games. And as money gets, you get 1 gold piece per kill and 2 gold pieces per boss. It seems entirely weird as a horse costs well over 17,000 gold pieces. You do get a horse with the limited edition that is $20 more expensive. So as we see the greed factor creep into the new games, we should worry on how gaming goes. Angry Joe talks a good story, brings the issues nicely with a few theatrics, so seek his views out in YouTube (seek: ‘angry Joe review’), he has published several interesting reviews.

There is trend that we now see growing, which could end gaming as the joy it has been for over 30 years.

What will come next? This is at the core of the issues we face, some (me included to some degree), as Microsoft bought Minecraft for 2.5 billion, I am worried about what they will do to it next. There is no indication of what they have in mind, but Microsoft tends to be revenue driven, which means that Minecraft will be ‘upgraded’ to ensure no less than 5 billion in revenue, which makes me slightly worried on how they will do this.

Yet, things are not truly covered in darkness yet, however, that revelations will also come with another revelation that will not make you happy. I have spoken to some degree on an upcoming game that seems to be the next real game we all need to look for. The title ‘No Man’s Sky’ is all about newness, originality and sandbox gaming, all rolled into one massive achievement. The important part of all this is the worrying part. You see, like Minecraft, this game is also an achievement by an independent developer.

So as we look at the set developers like EA and Ubisoft, we see that they have not improved their gameplay for some time now. One review on NHL15 wrote “NHL 15 is a disappointment. It lays a good foundation for the future with enhanced physics and an improved presentation, but it’s still mostly potential“, I saw FIFA15 which looks nice, but I am not a soccer fan. Games Radar stated this on FIFA15: “This year FIFA 15 pulls off a difficult trick. Not only is the game closer to a TV-style broadcast than ever, but the experience is better than FIFA’s been in years“, so it seems that there is goodness coming from EA, yet is that enough? Sports games have their own following and as such for THEM there should be a decent quality game to keep them happy, whether it is NBA, NFL, NHL or FIFA. EA is bigger than just the sports section, however in that regard; EA has remained quiet (and as such avoided ugly hypes).

However 2015 should see the light of a new Mass Effect, even though loathed by a fair share of fans, Mass Effect 3 had several good sides, amongst them the best multi player side I have ever played. Mass Effect could be the next big thing, but time will tell, so I will not add to the ‘gossip’ and ‘rumour’ fire at present.

Ubisoft has a few options, but is in my view lacking as Watchdogs became a hyped success. It was graphically amazing, yet in the core a mundane game like AC1 was. This does not make it a bad game, but it could be the mind blowing start not unlike AC2 became, yet Watchdogs one started from a much better place than AC1, so that future could be promising. If you wonder how it helps speculating on this, then I have no real answer to that. Yet, consider that these are also the questions asked in Forbes magazine as gaming is now truly big business with projected revenues in 2014 surpassing 81 billion.

So, what is the issue?

It is vision!

Gaming is about vision; those who have it bring us all the greatest games. In an age where we need to turn around every dollar, we tend to focus on the true innovation. The even nicer thing is that fun and quality gaming does not need to cost $100-$150. Finger Arts and Abandoneware have proven that. There is a clear indication that the larger developers lack vision to a growing extent, which makes for several issues down the track. The Nextgen systems are still lacking a decent pool of really good games almost a year after its initial release. This should currently regarded as a disappointment compared to the previous versions of consoles, especially as we saw Sony announce ‘This is for the players!’ and Microsoft with ‘Everything you can imagine, Plus a few things you can’t’, neither have delivered so far. So, is my view that there are issues and it is my personal opinion that this feels like a marketing machine in overdrive whilst the rest of these companies cannot keep up, my evidence? Look at the initial Nextgen Top 10 as it was published on June 17th 2013, on average 22 weeks before the consoles were released.

Metal Gear Solid V: The Phantom Pain
Quantum Break
Final Fantasy XV
The Crew
Destiny
Knack
Titanfall
Watch Dogs
Project Spark.
Tom Clancy’s The Division

Out of these 10, 2 made the release date, one was 6 months late, the rest has not been released at present and they will not come until 2015, so we see an announcement that is off by 75% (they get 5% penalty for Watchdogs). Something this far off is pretty unheard of. It views as the hype from Microsoft and Sony to get console sales high and then end up skipping out on the games (to some extent). I must state that those with PlayStation Plus were given a barrage of games, free to download. Some were decent, 1-2 were really nice, which means that some was done, but was it an acceptable step?

What will happen next?

I think that we need re-evaluate the way we look at the gaming industry and more important on how those within it market their customers. In their defence, these gamers are like a group of hungry hyenas, so feeding them any news is at times the only way for marketeers to stay alive. Yet all of this is not done yet and we must all take a long hard look at what was, what is and what should be.

Budgets

There is no denying that games will be bigger and bigger budgeted, yet consider that these games, offering less than 20 hours are closing on the quester billion to develop. Yet, we see in Minecraft that it can be done in other ways, there are more games. Elite, remade from the 1984 edition, originally created to fit a 48Kb home computer. Good games are not expensive and true vision is priceless! That part is what we have seen more than once, if we take a few of the older really good games and their cost we see Ultima VII: The Black Gate – $US1 million (1992), System Shock 2 – $US1.7 million (1999), Resident Evil 2 $US1 million (1999), Ghost Recon Advanced Warfighter – $US18 million (2006), BioShock – $US15 million (2007), God of War III – $US44 million (2010). So when we see Unity, Infamous: Second Son with their massive budgets, we see the trade off, where the larger players throw money to hide vision and to some extent they are getting more than just an even payment. It is there where my issue with Gamespot and their ‘closeness’ to Ubisoft becomes an issue. How can we get honest reviews whilst the makers of games are stacking the deck for mere profit? Independent review is the only way to see what is good, what is worth the money and what is bad. How can the consumer get the right information?

This is at the heart of the matter, I would like to solve the lack of vision problem, but that lies with the makers of games. They have options, yet are they willing to learn? Even if they are willing to accept that they are no longer visionaries, not unlike Steve Jobs, there is a chance that they can spot it when they see it. The question then becomes will they protect the future of gaming.

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Tagged as EA, Elder Scrolls, Elder Scrolls Online, Electronic Arts, FIFA, Finger Arts Sudoku, GTA-V, Mass Effect, Mass Effect 3, Mass Effect 4, Microsoft, Minecraft, multiplayer games, NBA, NFL, NHL, No man's sky, Oblivion, Platinum Sudoku, Skyrim, Sony, Sudoku, Titanfall, Ubisoft

September 4, 2014 · 10:58

Values of insanity

I need to revisit my last article ‘Evolving our lives’, not the article itself, I thought it was a decent article and I stand by what I write. It is the massive absence of visibility that I see in the press that is so overwhelming, that it makes me wonder what on earth is going on.

You see, the fact that someone hacked the phone of Jennifer Lawrence is ‘great’ news. It had several pages of links of all shapes and sizes. I feel for Jennifer, I am happy that she is taking a stand and I hope her lawyer gets to take the hacker and his family to the cleaners for the next 5 generations.

The statement from her attorney Lawrence Shire is quite clear “This is obviously an outrageous violation of our client Kate Upton’s privacy. We intend to pursue anyone disseminating or duplicating these illegally obtained images to the fullest extent possible” (source: Perez Hilton at http://perezhilton.com/cocoperez/2014-09-02-kate-upton-leaked-nude-photos-addresses-statement).

My issue is not with Jenifer, as I stated I do feel for her. It is the LA Times (and many other US newspapers) that I am having an issue with. The LA Times who published only 10 hours ago: “After illegally obtained nude photos of Jennifer Lawrence and other actresses were made public Sunday, the FBI is on the case — and so is Lena Dunham“.

It is interesting that the FBI is all about the famous, yet, as it is portrayed Zoe Quinn, Anita Sarkeesian and a few others, who seem to be the object of extreme hatred and this visibility, remains mostly absent.

Now, I do not agree with some of the views Anita Sarkeesian had, especially in her video ‘Women as Background Decoration (Part 2)’, she is entitled to this view. She does bring in several cases a correct view, but again the fact that the view of the Darkness 2 is pretty much how the comic depiction is was not stated. Also is not stated that the prostitutes in Assassins Creed 2 and Assassins Creed 2 brotherhood were a weapon for Ezio Auditore to kill from hiding and to remain unseen. There is more than just a game here and courtesans were a reality in that era in Italy.

Consider the following historical fact “The Venetian authorities became concerned that it was impossible to distinguish between courtesans and respectable women. Rules drawn up in 1543 determined what the courtesans could wear” and “There was a red light district in Venice but there were also courtesans who were less obvious. They were educated prostitutes who were refined and well dressed and serviced the social elite“. This is how reality was. There is no real defence from me, for the most Anita Sarkeesian gives a truthful view, even though that view is not giving the whole picture. The same she does with watchdogs, where not just women, but also men are the target, yet her reasoning does hold water. In addition, the issues as shown in Far Cry 3 are not unknown (at http://www.economist.com/news/americas/21586575-laws-punish-domestic-violence-are-too-often-honoured-breach-everyday-aggression) the economist and many others show that there is an abundance of violence against women. This does not make it okay, but it is a reality we are all still fighting against. The economist states “it is a slow process“, I personally think is “a much too slow process“. There have been several views by many people that things have to change and I personally believe that Anita Sarkeesian should be allowed to voice these issues in safety and whilst not getting harassed.

My issues only partially against that view is that Bethesda (Fallout, Fallout New Vegas, Oblivion, Skyrim) and Lionhead studios (Fable series) and Electronic Arts (Mass Effect series) offer the option of creating a main female character, that part she left out. In addition, Female Shepard from the Mass Effect series is just as deadly as the male one. Yet, I admit these seem to be exceptions.

As Anita and Zoe are real people, why is their safety not more strongly advocated? Anita Sarkeesian’s dangers made the Washington post, yet it seems that these people (both Anita Sarkeesian and Zoe Quinn) seem to have escaped the view of the bulk of all American Newspapers. An Indie game developer stood up for her, his name is Phil Fish. When I looked for more info, I found this description on some Wiki page “Phil Fish (Powerword: Jacques Paul Philippe Poisson) is a shitty video game designer who received immense praise following his creation of a Super Paper Mario rip-off called “Fez”. A filthy hipster, Fish is widely reviled on the internet mostly because he’s a douche and a drama whore. He’s also French Canadian, which goes a long way towards explaining why he’s such a stuck-up narcissistic twat“. The hatred spilt all over several sites is unbelievable, now, perhaps the man has an ego issue, I do not know, because I do not know the man, yet his quote in support for Zoe Quinn drove a level of hatred that is beyond belief.

Let’s get back to the issues involving women.

There is an anti-women group in gaming wave going on that seems to be utterly unparalleled and is far beyond any normal dimensions. I have no idea how repugnant something called ‘the Daily Caller‘ is. Yet consider the issue. A model named Kate Upton, her phone was hacked and we see this “So What Does Rep. Fred Upton Think About Kate Upton’s Hacked Nude Photos?“, which intros as: “Michigan U.S. Congressman Fred Upton is staying personally silent on the weekend hacking and posting of nude pictures belonging to his niece, model and actress Kate Upton“, so the man is her uncle and he is asked to give his view on his naked niece? How sick is this reporter? This was not some photo-shoot in Playboy and Penthouse, no this was the violation of her privacy and many are making ‘light reporting’ of it all. This is a side that Anita Sarkeesian seemed to have missed in her article, it is not just the gaming image but the press is to some extent glorifying this! Is it such a wild assumption that this is bringing a new low level of cyber-paparazzi? I wonder how much money lawyer Lawrence Shire could get and how much publications will bring in revenue on this matter. This is not about objectifying women, this all reads as a chauvinist tactic ‘to keep women in their place‘, which, if true is a crime as heinous as the acts Pol Pot’s killing of well over a million people. Does anyone remember the Killing Fields or did you all forget that massacre?

The victims are given this response “After more than 40 hours of investigation, we have discovered that certain celebrity accounts were compromised by a very targeted attack on user names, passwords and security questions“, so if there is a targeted attack, where did it come from? We get back to the basic need of a secure internet. The system has been built on such levels of ‘convenience’ for speed, that the entire issue of security seems to have been ignored to some degree (a targeted attack that becomes a successful transgression is one that requires investigation). You see, if we accept that any system can be transgressed upon, that it stands to reason that a clear market for the wealthier client is required. Consider the news that the US president was not allowed to have an iPhone and we read “explaining why he is sometimes seen with a bulky super secure Blackberry“, why are the personal assistants of both Jennifer Lawrence and Kate Upton not looking into that field? Yet, are these not new values of insanity?

Why should any woman need these additional levels of protection from criminals like these? It all goes back to the issue of non-accountability. People can do whatever they like and no one will be there to stop them. If we see the years of publications and the years of recorded issues on Domestic violence, we see an utterly flaccid legal system with too little actual results. The internet is just a new iteration of inaction.

Yes, the FBI is looking into this, yet how long until these women see results? How long until Zoe Quinn and Anita Sarkeesian can go home in relative safety for using their right to free speech? How long until the international press will take these issues and goes for real coverage of the issue, and not in some feigned opposition view as we saw in the Guardian (at http://www.theguardian.com/technology/2014/sep/01/how-to-attack-a-woman-who-works-in-video-games) with text like “So, for those out there who have decided to join in and harass a woman developer or critic out of the games business, this is how you do it“.

Did the Guardian print the following in their papers: “If you want to take a good honest look at the breasts of Jennifer Lawrence and perhaps more, this is how you hack the phone“? Oddly, that is not what was printed, so why these two values? Yes, I know that the piece of Zoe Quinn was in sarcasm against the harasser, but I think it missed the point, especially as there is an abundance of non-journalistic sources burning her, whilst only the Guardian gave her any (but debatable) visibility. Is this the realistic view of Anita Sarkeesian view that women are objectified, yet now in a very real way?

Moving forward

I hope that Lawrence Shire might be willing to place a few calls and get a group of real journalists into the plight of both Anita Sarkeesian and Zoe Quinn, possible with Jennifer Lawrence and Kate Upton standing next to them. You see, I think that this is all linked to a much bigger problem, if the threat to both Quinn and Sarkeesian is unreal, then people have a right to know, but if the threat is real then ignoring the threat is no less criminal then what the hackers are trying to publish. All this whilst the media is just printing the names that will improve their circulation, so in their view, the lives of Quinn and Sarkeesian have no value and are ignored.

I will accept that a Hollywood star is news, however, within the last 15 minutes as I was writing this last night speculations regarding Jennifer Lawrence grew by 12 pages, not one fact on either Quinn or Sarkeesian by any reputable source was added. This is not life in the fast lane, this is ‘garbage in the junk lane‘ and too many who should be vocal, remain silent.

The responses

Emma Watson’s response on Twitter is perhaps the clearest “Even worse than seeing women’s privacy violated on social media is reading the accompanying comments that show such a lack of empathy“. Yet, I am personally not certain whether she is correct; when the by-line from the Independent ends with ‘Poor Jay Law!‘ which was read by another woman in a tone of ‘ah well’ we can safely state that the matter is a whole lot worse. The tweet from Ricky Gervais, although badly received is deeper than some realise “Celebrities, make it harder for people to get nude pics of you from your computer by not putting nude pics of yourself on your computer“, which might read as “When you are famous, you have no inherent rights of ANY kind, which means that either you pose naked for the press at large or someone will get those shots for them“.

Which gives us the unjust consideration “Breasts and genitals are coin, coin is essential, you are only temporary!” Whether Ricky Gervais was actively trying to state this, or “The only safe nude of you is no nude of you!” is up to Ricky Gervais, but I hope that my way of stating this all shows that the dangers women at large face (famous and non-famous alike) seems to be escalating. The view that “Domestic or partner violence is a global concern. Worldwide 30% of partnered women will experience physical or sexual violence in their lifetime” is not a figment of anyone’s imagination, yet the fact that women overwhelmingly do not report these issues and only a fraction of the reported issues are successfully prosecuted remains a fact. This all links to all the issues we saw earlier.

There is an implied inherent air of ignoring, not prosecuting and persecuting these offences, yet overall these issues are more and more visible. I do personally disagree with my previous statement, yet consider the amount of registered domestic violence occurrences and how many of them were successfully prosecuted? Here I do not blame the police; it seems to me that at times their hands are tied even more than those of the victim. Consider the quote from the less likely reporting instance (the Daily Mail). “Domestic abuse prosecutions more than doubled from 35,000 in 2005 to 74,000 in 2010, and the conviction rate increased from 46 per cent to 72 per cent“, yet as we have seen from several sources like the CPS we see: “Nearly 1 million women experience at least one incident of domestic abuse each year (2009/10 British Crime Survey data: http://rds.homeoffice.gov.uk/rds/pdfs10/hosb1210.pdf as reported in latest cross-government VAWG strategy http://www.homeoffice.gov.uk/publications/crime/call-end-violence-women-girls/vawg-paper?view=Binary)“, so in 2010 we still see that less than 10% makes it to court, for whatever reason, so that 72% is not a victory it is nothing less than a joke on a massive failure in my view.

That what follows!

For some reason the NSA has an abundance of data, yet women remain in fear of life, we see that consultants and federal agents are looking into the mailbox and pictures of Jennifer Lawrence, yet no progress has been made. You see, something does not add up, when you target 101 celebrities, it means that you are trying to invade 101 secured accounts, now, it might be possible to get ‘easy’ access to some of them, but 101 targets gives the FBI a place to hunt, this is another question that boggles me and I do have a postgraduate degree in this area. Yes, I know that there is plenty of technology around, but in all these issues, traffic needs to occur and specific points were accessed. How did Perez Hilton get her pictures so fast? Was his ‘apology’ sincere? Was he used or was he the go between so that the global press knows that they are truly out there and for sale?

I do not have the answers, yet, here we see again a press driven value of insanity and let us be honest, at present there is no end in sight and too many women are currently in the firing line, not a firing line of Misogyny, but one of Inaestimabilis (non-English for worthlessness), which is a much more dangerous notion, because hatred can be fought, yet if a population at large deem a group to be without value, then we as humanity will have truly become a failure.

Should you consider me wrong (which is forever a valid consideration) then answer the following questions for yourself:

In the US the following numbers were published by the Huffington post: “Number of U.S. troops killed in Afghanistan and Iraq: 6,614: Number of women, in the same period, killed as the result of domestic violence in the US: 11,766“, now make a 1% list, so make a list naming 66 dead soldiers and naming 117 women killed through domestic violence. How long did it take to make either list?
The following two facts come from Steve Stewart, Prosecuting Attorney, Clark County, Indiana. Namely “Domestic violence is the leading cause of injury to women between the ages of 15 and 44 in the United States, more than car accidents, muggings, and rapes combined. (“Violence Against Women, A Majority Staff Report,” Committee on the Judiciary, United States Senate, 102nd Congress, October 1992, p.3.)” and “There are 1,500 shelters for battered women in the United States. There are 3,800 animal shelters. (Schneider, 1990)” Now, these numbers are a little old, but even then a dog was more than twice as likely to receive safety and treatment than an abused woman.

Where to go next? Well, that is as ever a good question and I am honestly not certain. In my view, placing these issues in the light and coverage by all papers it needs to have is an absolute first. I also think that the US Congress needs to think this through to a larger extent, they should consider that as UK and Australian law is a little better in protecting privacy they should consider the consequence of these women, packing up for a large part of the year and move to Sydney Australia (or London). These places have the same exotic shopping places and they are more likely to enjoy privacy away from the US, how would congress react when the Hollywood top feels safer outside the US and ends up spending their millions outside of the US? I wonder if Governor Jerry Brown truly considered the dangers that the lacking and hacking safety of women will bring him (and the state of California).

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Tagged as Anita Sarkeesian, Assassins Creed 2, Assassins Creed 2 brotherhood, Bethesda, Congressman Fred Upton, cyber-paparazzi, domestic violence, Electronic Arts, Emma Watson, Evolving our lives, Ezio Auditore, Fable, Fable 2, Fable 3, Fallout, Fallout New Vegas, Far Cry 3, Fred Upton, Jacques Paul Philippe Poisson, Jennifer Lawrence, Kate Upton, LA Times, Lawrence Shire, Lionhead studios, Mass Effect, Mass Effect 2, Mass Effect 3, McFarlane, Michigan U.S. Congressman Fred Upton, Oblivion, Perez Hilton, Phil Fish, respectable women, Ricky Gervais, Skyrim, the Daily Caller, The Darkness 2, the economist, the Guardian, the Killing Fields, violence against women, Washington Post, Zoe Quinn

November 20, 2013 · 15:58

Pricing a Sony game!

If you followed the changes, then it is clear that the console war is currently getting fought and they are now going for all kinds of niche based solutions to keep a handle on greed (as in, to make it more money in any way they can).

In these hard economic times we are all trying to find a solution to make ends meet. If we focus on the gamers, then we see a group of people that is massively represented by those still being tertiary students and many of them are younger than that. So, this is a group that is not overly wealthy. Even the working population that might be into gaming is trying to make ends meet and they too are not swimming in loads of cash. It was in this environment that places like EB-Games are making decent cash to sell pre-owned games. When you do not have a load of cash, getting a pre-owned game at $15-$50 is a lot more appealing than getting the newly packed unused version at $89-$119.

As per last week that commercial game is changing fast on two fronts. The first one is the TPP (Trans Pacific Pact), if this one gets pushed through (the Australian liberal government was trying to do this in secret, but several sources are now openly aware of it), that pact will be an option for Microsoft AND Sony to make even more money than before (as in charge us more for products, as discussed in my previous blog). So, the fact that we in Australia pay on average 35%-60% more on a game was perhaps not enough margin, which will mean that new games will find even less appeal.

But have no fear, Sony (Microsoft too) already has a solution to stop alternatives. In the updates last week, my PlayStation 3 was shown a new agreement and we either agree with this or we lose the online options, which is disastrous for ALL gamers owning a PlayStation.

In this new agreement it stated:

7. Resale
7.1 You must not resell either Disc-Based or Software downloads, unless expressly authorised by us and, if the publisher is another company, additionally by the publisher.

So, the end of pre-owned games has come. Basically, until they can check and enforce it, we are breaking the law, which might give Sony the option to cancel our PSN account and once they can check whether a game is new or not (perhaps they already can), they will just charge us an additional fee or shut the game(r) down. The agreement has many more needles involving unlocking regions, reverse engineering and so on. There are a few sides to that, but in that regard, personally, I think that any company would want to protect their own product, which is fair enough.

Did anyone realise this? So, not only are they greed driven on selling new games, they are destroying a commercial part that has not ever been illegal. Many expected this, but most did not see this coming from both sides at the same time.

No matter how we go next, whether we go to download games, which means Sony stops paying a lot more corporate tax in Australia (and other nations too), or we end up paying way too much for games. So, nextgen consoles will now start to show that it will cost us (more).

In regards to borrowing, Sony never stopped others borrowing a friend’s game. For Sony it is just good business, however, the console game has changed and will keep on changing a little longer at high cost to many of us. So, it is important to see that they never lied; they just did not mention other changes.

So our world is changing fast and it starts changing faster and more extreme as per the end of this year. It is interesting how America, who claims to have high morals, will sell others down the track to big business for simple greed; this is how I see the TPP.

Consider that this could be the end of gaming as we know it. If you think that this is exaggerated, consider that good games are original games (or come directly from them). EA and UBI-Soft are showing us less and less originality. (An 11th version of a sport game or a 4th sequel to Assassins Creed is not an original). Our hopes were with the Indie developers who come with that golden idea that will invigorate us with the passion of a new gaming era. As the TPP reads (for as far as I read parts of them), the pact is there to push IP powers to the US and its allies (where these big businesses are based). This is not what IP was about, it was always about protecting innovation, not for big business to exploit and to hammer down their interests to their extent.

In gaming, innovation has not come from big business for a long time!

Consider Minecraft and Catherine, some will not call them great games, the first one is massively addictive, both are originals. Even next year’s release of ‘the Evil Within’ which comes from a small player called Tango Gameworks should be seen as an original. Even though many of their staff come from Capcom, this new player has the creative mind that brought us Resident Evil. It is important to protect these small developers, even (or better especially) if they are not from Japan or USA. Forcing them under some IP umbrella designed by the TPP was never the goal (this is how I see this going in the future). When innovation goes, games (or art) will suffer first! That has been proven more than once. So how will you feel about a $500 console when big business decides what makes a good game? Consider that NONE of the big boys (in those days) wanted to publish the game Lemmings. I remember that it only got out because some people at Psygnosis were not too busy. It became one of the most successful games EVER to make it to the home computers and to my knowledge the only game EVER to be released on most 8-bit and 16 bit systems (it was a really addictive game).

If we look at 2013, then in my view, ‘The Last of Us’ (by naughty dog) and ‘Beyond Two Souls’ might be the actual original games of 2013, even though the latter one is based on the Heavy Rain engine, so originality is a little bit of an issue there. If you want to see another example of originality then ‘Dragon Story’ comes to mind. Even though I think that they made several greed driven mistakes via their IOS edition, this game could be on Nintendo, the game that will compete with Pokémon. If they grow the engine beyond what they have now, it could become a mega seller for the younger players on any console if they add more game play to what they have.

Yes, 2013 had great games, but they were all sequels beyond the ones I mentioned (I apologise for any titles I missed), so if we are to grow as gamers, then we need originality! The changes as we see them will drive us all to other systems and perhaps that might become the very expensive lesson that Sony and Microsoft will have to learn the hard way. Consider the option of getting that Google console for $99 and buy (and play) a ‘Minecraft like’ game on that! Over a hundred hours of fun for the price of a single Sony/Microsoft game.

Gamers do not like to get boxed in, both Sony and Microsoft better learn this fast!
If consumers who are into gaming would consider waiting no less than three months before they buy a next Gen console. They might end up getting a much better deal in both the short run and the long run. How much damage are Sony and Microsoft willing to suffer? Holding a 16 billion dollar industry at ransom is currently the only option I can think of, especially as governments (Australia included) are very willing to give the keys (and powers) of Intellectual Property unjustly to big business.

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Tagged as Capcom, Dragon story, EA, Electronic Arts, Evil within, google, Microsoft, Minecraft, Pokemon, Psygnosis, Sony, Tango gameworks, TPP, Ubi-soft

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