Gaming History and Piracy

Today's Gamasutra has a great article about the Apple II and its role in the history of video game development.

Actually, it's a great article about the early history of Apple with some minor notes about Apple's impact as a game console, even though the article is supposed to be devoted to the Apple II as a gaming platform.

When it comes to my early memories of video games, there are two systems that dominated my early gaming -- and thus my long term gaming habits.

I owned an Atari 2600 and played its games obsessively. Many times I played Asteroids on "flip" mode until I rolled over the score, not to mention the many hours devoted to Yar's Revenge. In fact, my modern love of "actioners" like Assassin's Creed can be directly mapped back to Pitfall and my love of "action rpgs" can be mapped back to the excellent Raiders of the Lost Ark licensed game (not everyone agrees with me that RotLA was excellent, but I'm sticking to my guns).

But many of my favorite gaming moments can be traced back to "all nighters" spent mapping the levels of Bard's Tale as my friend Sean fought against hordes of "99 Barbarians, 99 Barbarians, 99 Barbarians, and 99 Barbarians." Ah, those were the days. If memory serves, Sean owned the PC version, but the computer I learned BASIC on at school (and used all those maps made during the all nighters on at lunch while playing Bard's Tale) was an Apple II. In fact, after finishing the Bard's Tale trilogy, I wandered through the many levels of "Wizardry." For five years, and to be honest to the present day, computer gaming was synonymous with computer roleplaying for me. I wasn't much, and still am not much, for fight games and sports games on the PC, those games belong on consoles. But a "boring map game," as my wife likes to call PC RPGs, those are heavenly on the computer. And when it came to these games, during the late 80's -- and for a blink in the early 90s when Apple still had games manufactured for it -- the Apple II was the system. "Platformers" were the purview of the Commodore 64, but that is another story.

I loved RPGs on the Apple II and I always bought mine. Which brings me to the reason I actually decided to post today, sorry that I have been lax of late. Barton and Loquidice (the authors of the Gamasutra piece) briefly mention the "role" that piracy had on early Apple game development and for the most part they are dismissive of the issue. They mention at least one game, only in the text beneath an image, that went under "due to piracy's affect on sales," but they state dismissively that, "In short, the precise impact of piracy is difficult to determine, though it likely had advantages and disadvantages for the longevity of the platform."

Really? Could the fact that when it came to the Apple II, "the inner workings of the hardware was made public," have been one of the reasons Apple moved from the "open" II series to the closed and proprietary Macintosh series. To this day Apple is obsessively proprietary about their hardware and software, whether it is the iPod or the Mac. In fact, the Mac was notorious for having almost no viable gaming software (other than Marathon which eventually became Microsoft's Halo) for most of the 90s.

Maybe those businesses that claim they "went under" due to piracy should be taken at their word. Certainly, it is nice to be able to emulate games Apple (and the original companies) have "abandoned." And certainly piracy expanded the exposure of computer gaming, likely creating the modern obsession with playing video games. Free is a great way to grow a market after all. Piracy might have helped the industry develop, but it also killed some businesses along the way. I know the positive effects of freeware and "hacked games" and how they helped create demand among a less technically savvy, and more willing to pay, population. What I would have liked to see would be a little research into the real numbers.

The article dug deep into the history of Apple, and Woz, but it makes claims about piracy without ever backing up any claims with numbers. Instead, like piracy advocates (and I am not claiming the authors are piracy advocates -- I doubt that to be the case), the authors use vague language rooted in sentiments which doesn't help anyone in any discussion.

What can striking WGA writers learn from video game writers? A lot.

This year's WGA awards are featuring a new award devoted to video game writers. The award, I am sure, was created to increase the ties between television/film writers and writers in the video game industry in order to set the foundation for video game writers eventual migration into the WGA structure. While specific games selected by the nominating committee might leave those of us who actually play video games doubting the sanity of the WGA, the fact that the WGA is reaching out the the video game community proves them to be not only sane but savvy. The quicker the WGA reaches out to the video game industry, the better.

The WGA should have begun looking into a partnership twenty years ago when games like Zak McCracken and Maniac Mansion were already showing the link between film and game (you can watch the introductions to these games below). George Lucas understood that video games can tell stories, and that there was a demand for computer based games. But it is better to be late, as is the case with the WGA and their outreach to the video game industry, than never.

Had the WGA reached out to video game writers/designers earlier, they might have been more prepared when going into negotiations seven years ago. They would have had members who had experience with "alternate revenue streams" and not bought into the studios selling them on the "unpredictability" of the DVD sales market. Luckily, there is time to learn more lessons from writers and designers in video games and to benefit from their outlook when it comes to alternate revenue streams.

In a recent article on Gamasutra, a United Business Media (the people who own PR Newswire and CMP) site devoted to the gaming industry, Tom Buscaglia discusses a recent negotiation he entered into with a game company and how he ensured his clients received a fair share of the revenue the game would produce. One of the first points that Buscaglia made was that their are "some things that publishers excel at and one of them is coming up with new and innovative ways to commercially exploit games." The publishers, like the movie/tv studios, may not know how to make a good game/show/movie (or even how to recognize one), but they certainly know how to make money off of one when it is successful. Buscaglia reminds us as readers that this means that those going into negotiations with publisher (and by extension producers) need to go in with their eyes wide open.

Buscaglia sites a common mistake that people make when entering negotiations with a publisher. What is it? "Often the developer is so focused on getting a publisher to sell their game that all they look at are the royalties from game sales." This is a huge mistake, according to Buscaglia, because, "If all the developer asks for is a portion of the revenue from the sales, what’s all they’ll get, regardless of how much ancillary revenue a game generates. And publishers are getting really good at finding innovative ancillary revenue streams from the games the sell."

That's right. If all you want to do is secure that you receive a percentage of sales, that's all you're going to get, but don't fool yourself into thinking that is all the publisher is going to get. I wish that the WGA understood this in their earlier negotiations with the producers and studios. The "suits" certainly understood this, even as they were dickering a low residual rate for the writers. What about business to business (B2B) revenue created from advertising sold on studio websites when episodes are streaming? Nope. None of that, but the studio is certainly making money that way. The writers were already getting B2B revenue from syndication, why didn't they see that there might be other B2B revenue streams?

What might one of these alternate revenue streams look like? Once again, we can look to the Buscaglia article and the video game industry. "Eventually, through some rather persistent negotiating, we were able get the publisher to agree to pour any in-game advertising and any B2B revenue into the revenue pool." So...they made sure to get a share of business to business revenue, and...what's this? They also got the publisher to pour in a share of "in-game advertising?" When was the last time the writer's asked for a share of "product placement" revenue? It is the film/tv equivalent of in-game advertising after all. If Bruce Willis drinks a Pepsi in a movie, and the funders are benefiting financially from that event, the writer should be getting a share of that revenue as well.

Buscaglia, in representing video game developers, tries to ensure that his clients are a part of any potential future earnings. For example, just "in case the publisher found any other way to exploit the game that was had not covered, [he] also include[s] in the contact a "catch all" provision pouring any and all revenue from any commercial exploitation of the game from anywhere into the royalty pool to be split with the developer."

Certainly, the fact that Buscaglia is representing individual clients (and not a whole union) enables a certain degree of liberty in the negotiating process, but the WGA could certainly learn from the way he looks at a creative property as a revenue source.

Here is a list of what I think the WGA should be getting:

• Continuing Syndication Revenue: Yes, syndication is dead. And yes, they are already receiving syndication money, but this revenue stream needs to keep trickling.
• DVD Residual: Like syndication, this revenue stream is actually already dead -- it just doesn't know it yet. And writers are already receiving some revenue from DVDs. They need to milk this for as much as they can get, for as long as they can get it. They also need to understand that it isn't going to be around for much longer.
• Internet Download Residuals: These too are actually already dead. That's right, this "wave of the future" way of selling movies is already obsolete. Sure, it will pass through a period of high revenue, but it will die and quickly. Once again, that shouldn't stop the WGA from getting their members a share.
• Revenue Sharing from Online Display: An absolute must. This may, or may not, be a long lasting future source of revenue, but revenue sharing -- rather than a "per view" payment -- is an absolute must.
• Cell Phone Viewing Residuals: What? Cell phones? Yes, and I'm not talking iPhone downloads -- but those too. I'm talking about "on demand" cellular viewing technology, or streaming cellular video technology. People will be using their portable devices to watch tv on the go. In fact, the WGA should be negotiating for all of the TVs of tomorrow.
• Percentage of Product Placement Revenue: This is most likely going to have to be negotiated by individuals, and likely will be limited to "creators," but the writers had better be keeping his revenue in mind. My acquaintance Rob Long likes to talk about how everyone knows that the "King of Queens" works for UPS, and that the studio is watching a revenue go down the drain every episode. The studios, and the show's creators should be fighting to get UPS money if they can do so without losing creative control.
• A percentage of any future revenue source I can't predict: I'm not able to see into the future, but the WGA and writers need to be thinking about any future revenue now. They either need to get a better "percentage" in the long run or demand more money up front.

Maniac Mansion Introduction


Zak McCracken Introduction

PSN and XBLA Retro Gaming Remakes

The game for Playstation Store Network and XBox Live Arcade releasing this year that I am looking most forward to is the remake of Bionic Commando Rearmed. No, not the next gen game that will be coming out shortly, but a graphical and gameplay upgrade of the NES classic. Behold!



I got this game in 1988 when it first game out for NES. I was a kid at the time, but I remember this was one of the most challenging games that I owned for the system. I played the heck out of it, even though I wasn't any good at it. One of my favorite memories in all the time I played my NES was the day we, my brother and our best friend, managed to get past a level that had been puzzling us for a whole year. We finally got to beat the game and save Super Joe. The sense of accomplishment and triumph after hours of playing this incredible game is still fresh to this day. I am certainly looking forward to the new Next-gen Bionic Commando, but it's this remake of the classic that I am looking forward to the most.

Retro games sell.

Nostalgia sells.

Why else do companies constantly roll out 2D platformers for the Nintendo DS, like Contra 4?

The NDS is perfectly capable of rolling out awesome 3D games, like Legend of Zelda
Phantom Hourglass. My favorite NDS game, a game I played a bunch last year, was Final Fantasy III. It's an old game from 1990 originally designed for the NES. One of our favorite PSP games here at Cinerati was last year's Final Fantasy Tactics: The Lions War, a redo of an old PS1 game from 1997.

This type of graphical and gameplay overhaul has already been executed on another awesome 2D side-scroller for XBox Live Arcade. The game was Prince of Persia and here is a cool side by side comparison of how it looked in 1990 on PC and on Sega Genesis in 1993 and how it looks now now on XBLA.



As long as they keep doing these amazing upgrades for the classic quality games and not overdo it with bad retreads of awful games I will keep buying these downloadable and portable gems of old. These games work well for both the handheld systems and for the downloading networks of the Next-gen systems.

Nintendo is also in on the trend, selling old games from their old platforms as emulation software on the Wii, via Virtual Console.

All I want to know is; Where is my Galactic Super Mario Bros., Nintendo?

Why the Wii is so awesome.

I have to thank John Rogers, of Kung Fu Monkey, for the amazing piece of video (below) you must watch. At first, it seems a little dull...describing things you already know. Then, all of a sudden, you see the future of video game entertainment. Bam! The Wii wins. Who cares if you have 1080p, when you can make individually immersive game environments? Wow. Just...wow.

Science Fiction and Fantasy Pleasures of 2007

Yesterday, I posted my Science Fiction and Fantasy Pains of 2007. Now that is out of the way, I can write about the things that made me giddy this year. Tomorrow, I'll post about those things that I feel ambiguously about, but today is for happiness. Yesterday was doom and gloom, but today is joy and celebration. I encountered a lot of SF/F that I enjoyed this past year, in fact it has been a good year overall, and it has been hard to limit myself to just five pleasures from 2007. But rules are rules, and yesterday I wrote that I would provide five pleasures. So here goes. Be warned though, like the LA Times article that inspired me, some of the things that brought me pleasure this past year aren't exactly new (just new to me).

5) Mass Effect by Bioware: There are times when I begin to wonder whether a visual medium can convey the wonders I imagine when I read a good Science Fiction novel. Then there are the times that I am playing Mass Effect. Bioware amazed me with their groundbreaking Star Wars: Knights of the Old Republic videogame RPGs. I never thought they'd be able to top those games, or that anyone could for that matter. With KotOR Bioware out Star Warsed (I know it looks awkward, but it sounds cool out loud) Georged Lucas. Then they released Jade Empire and I was stunned. Jade Empire took the excellent non-combat resolution system from KotOR and overlayed an exciting, yet intuitive, action combat element. I'm not the most "1337" (that's leet or elite) of game-players, especially in 3D interactive environments, but I was able to excel at Jade Empire. The same has been true of Mass Effect. I may get pwnt (that's owned or easily and readily defeated by elite gamers) when I play Halo 3, but when I am battling the enemy in Mass Effect I feel extraordinarily proficient. That is the elegance of the combat system. My only complaints are that real life days aren't long enough for me to play this as much as I want and that the protagonist comes off as a bit of a jerk no matter what dialogue choices I make. This would be rated higher if it had come out sooner and I were deeper into the game.

4) John Scalzi's Old Man's War Series: Imagine if you took the Forever War, Starship Troopers, and Gulliver's Travels and you put them all in a blender set to liquify. That's what the Old Man's War series is like. I may be baffled that Scalzi is willing to offer whole stories from this series to his fans for free, sure in audio format (though you can read the text version here), but they are so good that I am tempted to send John money just to make sure he will continue writing. Not necessarily the Old Man's War series, I am satisfied with it as it stands, but other things as well. Scalzi has a wonderful writing style and his ability to convey humor and humanity in often horrible circumstances is remarkable. I cannot recommend Old Man's War, The Ghost Brigades, or The Lost Colony high enough. It is rare to find accessible, yet crunchy, SF these days, but Scalzi has managed to do just that. He even manages to make political commentary without being preachy. Now that's hard.

3) The Detective Inspector Chen series by Liz Williams: If you took Blade Runner and Neuromancer, shredded the books, and pasted them into a novelization of Big Trouble in Little China with a dose of Bridge of Birds for good measure, you might just get something similar to the Detective Inspector Chen books. Maybe close, but not quite. The books take place in a society where both technology and magic exist, the protagonist has a demon wife, there's an underground trade in souls, and the internet equivalent has servers that are slightly disconcerting. The stories are as fun as the covers are stellar. If you like the Dresden Files and Hong Kong cinema, give this series a look.

2) The announcement of the 4th Edition of the Dungeons and Dragons role-playing game: I know this was on my list yesterday, but as I wrote then, this is a pretty big deal and I'm pretty excited about it. Yes, I lament the fact that a couple thousand dollars worth of books I own are now "obsolete," but I look forward to seeing what changes are coming with the new system. I have always thought that the game was fun, but that it lacked in certain ways as an abstraction of fantasy fiction in general. Many of the new rules seem to be aimed at fixing this small flaw and making the game a more seemless simulation.

1) The Geekerati Podcast I do with Eric Lytle, Bill Cunningham, and Shawna Benson: What does this have to do with SF/F? Everything. I decided to put the whole podcast down as a single Pleasure because otherwise I would have had nothing but Geekerati episodes listed in my top five. Starting with our interview with Susan Palwick about her excellent book Shelter, which was one of my favorite SF reads this year, the show has had a number of excellent segments. I recommend you stop by and listen to our Tim Minear (of Angel and Firefly fame) interview, our interview with Marc Bernardin (the Highwaymen comic), our interview with Win Eckert (of the Wold Newton Universe), or our discussion of Beowulf. In fact, hang out on the site for a while and download all our episodes. You won't be sorry.

Kong vs. Kong: Universal, Nintendo, and Copyright

I love video games. I can still remember the times I used to walk into my local video game arcade, this is back when arcades were a hangout. The arcade was called "The Outer Limits" and it featured all the latest quarter vacuums. Within only a couple of years the place would become a dive bar. But for one brief flicker of time's candle, this was the place to hang out after school and in the summer.

One particular day, I noticed there was a new machine with a very long line waiting to play. Quarters were lined up like crazy, as players marked their turn on the machine. Like I wrote, this was back in the day. What was this new and exciting game? Was it the original Street Fighter? Was Tapper? Or even Dragon's Lair? No, this was something completely different. It was a game that combined my childhood love of Kaiju, with the natural attraction of cartoon characters jumping over rolling barrels. That's right, the game was Donkey Kong.

I was ten years old. Even though I noticed the huge appeal of the game, and even though I played it many times myself, I could never imagine the revolution in the video game industry that this one game would have. According to an article by Spanner over at The Escapist -- an excellent online video game magazine -- without the Donkey Kong video game, the today's gaming industry would be very different. Nintendo would likely not exist and based on Spanner's narrative I can imagine that the home video game console might have died in the video game market crash of 1984. If Nintendo hadn't resurrected the home video game console with their NES system, we might not be playing them today. Without Donkey Kong, Nintendo might never have released that amazing little box. Not too shabby for a game that's title, according to Spanner, is a mistranslation of "Stubborn Gorilla."

Spanner's article about Donkey Kong is important to us hear at Cinerati for a couple of reasons.

It is a story of hope about a company that became successful during turbulent times in a particular facet of the entertainment industry. Nintendo not only survived the collapse of the video game console market, they helped resurrect it. In a world where the makers of films and television shows are worried about how the technologies of the future will affect them, Nintendo's story provides more than a glimmer of inspiration.

It is also the story of a battle regarding intellectual property rights, especially salient given my post the other day regarding Cory Doctorow and the Doctorow Doctrine. Nintendo was sued by Universal because of the similarity Donkey Kong's title character had to the famous RKO (now Universal) monster King Kong. Universal wanted their share of Nintendo's, and all their licensees', profits from the game. Many of the licensees, like Coleco and Tiger, caved quickly to the demands. Nintendo, on the other hand, came out of their corner fighting and won. To quote, "John Kirby...stunned the room with a fatal blow to Universal's already weakening case. In 1975, Universal Studios had successfully taken RKO Pictures to court in order to prove the image and story of King Kong were over 40 years old and therefore in the public domain, clearing the path for Dino De Laurentiis to remake the movie in 1976 without paying any expensive royalties."

Copyright law has changed since then (lifetime plus how many years?), but one thing remains the same. Corporations still claim copyright for individual creator's works. You see, this is what I find most important about copyright. I don't care if a corporation is able to profit for lifetime-plus-seventy years on a product, but I do care that the individual responsible is able to profit. Cory Doctorow can advance his Walter Benjamin inspired defetishization of the artifact agenda all he wants, but I believe the act of creation instills certain rights, rights that shouldn't be hijacked by p2p servers or large corporations. Corporations, while necessarily being treated as individuals before the law in some ways (you do have to sue somebody after all), are not de facto people. Corporations should protect individual copyrights, and yes profit from them, but they shouldn't be giant leeches profiting off of the rights of dead men and women.

And this is where we can learn another lesson from the Universal City Studios, Inc. vs Nintendo Co., Ltd. case. When the case was over, the judge in the case (Judge Robert Sweet) determined that Nintendo could claim damages from Tiger Electronics. Tiger had been forced by Universal to change their Donkey Kong hand held game into a King Kong hand held game -- with some minor content alterations -- and pay royalties to Universal. Judge Sweet "determined the alterations were not sufficient to differentiate it from Nintendo's game," giving Nintendo the authority to take money from Tiger. Nintendo "instead decided to let Tiger off the hook and reclaim the profits Universal had made from the original King Kong license." So not only did Nintendo not pursue damages, they helped Tiger recoup royalties that never should have been paid in the first place. If only more copyright fights resolved themselves like this.

Most importantly, without Donkey Kong I probably wouldn't be going home to futz with my Wii tonight.

My Childhood Dreams are Coming True. A Tron Sequel is in the Works.

Every now and then we here at Cinerati get an exclusive interview. After reading in the Hollywood Reporter that a sequel to Tron was in the works, I rushed to my Rolodex and pulled up the name of someone with an intimate connection with the project.

I'd like all of you to welcome our guest today. Our good friend Bit will be answering our questions regarding the new Tron film.

Hi Bit, are you excited about the new "Tron" sequel being produced by Sean Bailey and Steven Lisberger?


YES

Do you know who will be directing the movie?


YES

Can you tell us the name of the person who will be directing the movie?


NO

Do you really know who will direct the movie?


YES, YES, YES, YES!

But you still can't tell us his name?


NO

Why not?



Hmm...oh, that's right you can only answer yes or no questions, correct?


YES

That being the case, I don't want to try and wrangle too much information out of you. I guess those who want to know more ought to just read Borys Kit's article over at the Hollywood Reporter right?


YES, YES, YES, YES!

After you all read the article. If you want to talk about it, you can join us over at Geekerati on Monday night at 7pm Pacific.

Are You Ready to Ruuuuuummmmbbbllllle (Sacriligiously?!)

Then it's time for a little Bible Fight action.

Hat Tip to Greg Costikyan's Play This Thing site.

PSP Finally Marketing Some of Its Functionality

Maybe you've seen the newest Sony Playstation Portable (PSP) commercial where the girlfriend leaves pictures on her boyfriend's PSP with the note to "find me." Maybe you've said to yourself, "Isn't the PSP just a video game machine which also has overpriced minidisc movies?" Surprisingly, the PSP is far more than that. The PSP is one of the most amazing multimedia devices available. It plays video games, mp3s, stores photos, can watch movies, has wireless access. Oh...and it also has web browsing capabilities.

One small problem...Sony forgot to tell people what this device is capable of doing. It looks like that might change as Sony has decided, due to poor UMD (you know the overpriced minidisc movie) sales. I looks like Sony is going to offer downloadable movie content for your PSP.