An Addendum to Yesterday's Blog

As if to prove my point about the mature "themes" in COD being a contributing factor to it's "M" rating, this article was published in The Boston Herald this morning.

Nina Huntemann, the article's feature, is a professor at my alum, Suffolk University (well, it's where I attended law school). Not only does she bring up the point that there are potentially harmful attitudes and themes in COD 2 (such as Americans being on the "right" side of the fight, and reinforcing war as an effective way to solve global conflict), but also that, when choosing a game for their children, the ESRB rating is a "good place to start." She goes on to say: '“Parents should learn what these games are about by reading reviews beforehand and then asking to see games demonstrated on store kiosks,” Huntemann added. If they do buy a game, she said, parents should be prepared to learn how to play it, even if in a rudimentary way.'

I won't elaborate any more because I do like readers to give traffic to the source site, but I would highly encourage you to read both the article and her work "Joystick Soldiers." I'm going to see if I can track down an email address for Ms. Huntemann and find out more about her work.

Re: Dante's Inferno Proves Corrupt ESRB

I am writing this blog in response to this article, which was posted on PS3center.net on 12/19. I would highly encourage you to read that article first, and for your own opinions and conclusions about the ESRB. I had a few thoughts on both the article and the ESRB that I would like to address.

First of all, Dustin (the author of the article), you do make a good point - complaints, potential lawsuits and all kinds of other PC shit (and I mean "politically correct, not PC game/games. Please don't strangle me with your LAN cords. Yes, I stole that from The Guild) muddle the standards by which games are judged. Nowadays, it seems that you have to be between the ages of 2 and 4 to enjoy an "E" rated game, when even a few years ago there were plenty of "E"-rated games that were "fun for the whole family," if you will. For example, look at one of my favorite SIM-type games of all time: Viva Piñata. It was rated "E," but the majority of gameplay was spent trying to get the animals to do the nasty and make tiny piñata babies. Granted, it all revolved around a mini-game where you collected hearts, but anyone over 4 would understand what the unicorns were doing when they went into their magical tent.

My point? It's all about perception. In ratings, it matters how you present sex and violence. And on top of that, the ESRB appears to "prioritize" sex and violence; i.e., I would argue sex and nudity are more likely to get you and "M" or the dreaded "AO" than violence alone. I mean, it's kind of tough to play ANY adventure, platformer or RPG without killing everything in sight. What matters is whether they just disappear when you kill them (ala Final Fantasy), or end up in a bloody messy at your feet with your character covered in blood (ala Dragon Age... which I love, btw. I want to WEAR my victories!! MUHAHAHAHAH!). In contrast, because six isn't considered "necessary" to most video game story lines or gameplay, I (personally) believe if it judged more harshly.

To that same end, any "combination" of language, sex & violence can get you an "M" rating. Dustin pointed out that while he may let his younger brother play COD, he probably wouldn't let him near Dante's Inferno. COD has plenty of violence, but there are other more "practical" adult themes at play her - namely, war. In COD, you theoretically are killing your fellow man; another human being who feels differently than you do. That theme is arguably much more controversial than killing demons from hell. In contrast, the sheer VOLUME of violence and sex in Dante's Inferno won it it's "M" rating. I think people operate under the false assumption that all "M" games are created equal, and that is simply not the case. You can't just say, across the board, all "M" games are fine for my kid (or younger brother). There are a myraid of factors that got that game there, and there's not substitute to doing a little research.

Is it a pain in the ass? Yes. But it works the same way with movies and parental advisory stickers - there's a committee, somewhere, that (for better or worse) is trying to tell you something. They can't write a novel on the back of the game giving a play by play of each bit of questionable content. But I believe that, at the end of the day, the ESRB is a "warning" system, not a babysitter. If someone has personal morals that forbid their kids from exposure to certain kinds of adult content, it's up to that person to find out which games are offensive in that manner. And I think that overall, the ESRB does that better than any other entertainment rating system out there.

Please don't get me wrong; I'm not bagging on Dustin or holding up my flag for the ESRB. I'm simply pointing out that all "M"s are not created equal, and it's dangerous to operate under that assumption.

For more information on the ESRB and it's rating system, please visit esrb.org.

BU Student Ordered to Destroy Files, But Can't Be Silenced

Unless you're a totally copyright nerd like me, you may not having been following the case of Joel Tenebaum, a Boston University student that was order to pay $675K to four labels for downloading 30 songs.

Yesterday, BostonChannel.com reported that the judge presiding over the case order Tenebaum to destroy all of the infringing files, but would not grant the RIAA's request that Tenebaum be prohibiting from speaking out against copyright laws and his belief in file sharing, based on this wacky, old federal law call the First Amendment. Those nutty judges.

I don't have too much to say about this case except that the amount of "damages" is clearly over-the-top, and that you can't get blood from a stone. To me, the spirit of statutory damages clause in the Copyright Act (allowing up to a $150K fine for one violation) was meant to stop commercial pirates and widespread distributors of materials covered by copyright; not grad students. Perhaps I am mistaken. The judge in the case, Nancy Gerter, urged Congress to consider changing the copyright law. I have mixed feelings about this myself; arguably, the courts have discretion to interpret the Act for digital distributions. On the other hand, have written law covering P2P and other new methods of file sharing could be helpful, but only if Congress truly digests how people are distributing music online and what truly violates not only the text, but the spirit of copyright protection. I'm not sure that Congress is there yet.

Tenebaum's attorney said they would be submitting a motion for a new trial by January 4th. God's speed, my friend.

Report Says Vid Game Industry Best for Empowering Parents

Apparently I've got a theme going this week. I'll admit, sometimes I tend to get on my high-horse about video game content because I know the educational tools are there for parents to understand what they're kids are playing, and that the Video Game Industry gets a bad rap for no reasona. And I'm not the only one that thinks that, so HA!

Unlike movie rating systems, the ESRB ratings systems is optional. But how many games do you see without ratings? Um, a whole lot of NONE. Even "E" (for Everyone) gets plastered on the most family-friendly games. The article I cited earlier states in part:

"The computer and video game industry leads all others in ensuring its products are marketed appropriately and is the gold standard for others to follow," said Michael D. Gallagher, president and CEO of the ESA, the U.S. association representing computer and video game software publishers. "Today's FTC report is a strong acknowledgement and validation that industry-led self-regulation efforts are the best way to provide parents and retailers with the resources and support they need to keep our kids' entertainment experiences suitable."

There are some other fabulous nuggets and hard facts about how well the gaming industry and its retailers self-regulate. You know that, I'm not going to elaborate.. I've only got two words. BOO. YAH.

Where the Heck Has Shannon Been, and Easter Eggs in Dragon Age. Yeah, THAT Easter Egg.

Well, apparently it's socially acceptable for me to say "Happy Holidays" to everybody now - and simply because "Happy Holidays" is PC. Little known fact about the Shanster...I am obsessed with Christmas. Although I haven't been blogging lately, I have been fanatical about listening to Christmas carols and secretly counting down the days until I can decorate.

I know lots of people hate people like me, and admitting this to me readers may cause me to read a few of you (i.e. 3-5 of you)... which would mean I would lose all of you. Shit, I've got to get better at math. Either way, it's out now - a scrooge, I am not.

But that's not the only "news" I have! What's mostly kept me away from my blogging is that I have been adjusting my job situation, and have started a firm with two of my colleagues (one of whom, Steven Shapiro, has a wonderful brand licensing blog here). Our name is still TBA, but the firm will still have the goal of serving "baby businesses," entrepreneurs and start ups, particularly in the areas of entertainment, brand and IP licensing, and complex corporate matters. So, lots of planning has been going on, but rest assured there are VERY exciting things to come!

Alright, enough about me. Let's talk about sex, baby. Namely, homosexual sex in Dragon Age: Origin. That's one hell of an Easter egg if I've ever heard of one. Now, this little "secret" has been circulating the interwebs for some time now, but I haven't read a whole lot of substantive commentary. It's almost like no one wants to say "that's what I'm talking about!" Well, perhaps that's not the way they feel, given that's it's two magical dudes going at it. Either way, this is my blog, so I'm going to share MY opinion on it (funny how that works out so nicely...).

Thanks to Mrs. Gore, all video games bear cover-ruining stamp telling parents the overall "level" of content in the game. Dragon Age is rated "T" for teen, which, in this day and age, parents are usually cool with purchasing this game for their ten-year olds. They may not, however, have gotten around to explaining homosexuality to their kids. Not cool (on two levels), however, a parent's choice. My guess is that the ESRB was not away of Bioware's hidden "extra content," in which case I think it's a little out of line. That being said, is your average 10-13 year old going to find this Easter egg? Probably not. But they could, to me, that possibility alone takes it up to "M," which doesn't stand for "Moms, buy this game for your ten year old."

Now, please don't get me wrong; this isn't about homosexuality - I would be saying the same thing if it was a hot female black mage and a muscle-rippling male warrior (woah, I got a little carried away on that one...). And I like to consider myself as socially "liberal" (dare I use the term) as they come. However, I believe that the ratings system is designed to educate parents - although, in my personal opinion, parents also need to engage in independent research before purchasing a game. Parents should be making educated choices about the content they expose their children to, and hidden sexual content makes that very difficult.

I completely respect developers and the hard work they put into making a visual masterpiece like Dragon Age. However, make sure you know your audience, or the focus will be on one tiny part of your masterpiece, and that should never be the case.

Editor's Note: My lovely fiance pointed out to me that Dragon Age is actually rated "M," not "T." I was looking at the PC version online when I was doing my research for this blog. Luckily, this serves simply to bolster my argument that parents should find out what's in games, and, in the case of Dragon Age, this SHOULD involve simply looking at the cover (which is a dragon made out of blood spatter) and the big "M" slapped on the front.

Massachusetts Game Developers! Time to Get Some Tax Credits!

Ah yes - could there be a more exciting title to a blog in the whole world? I don't THINK so. But seriously, I have some important news for game developers and game development companies in Massachusetts. There is a bill in the House right now that would extend tax credits to game development companies in the same manner that they are currently offered to motion picture companies that film in Massachusetts. I've provided hyperlinks for both the proposed changes and the current bill, but I'll break it down for all of you that don't like spending the little free time you have reading statutes.

First, a little overview of tax credits. Unlike tax deductions, which reduce the total gross income on which you pay taxes, tax credits actual reduce the amount of taxes themselves. So if you have a $10,000 tax bill and $4,000 in credits, you only pay $6,000. With that in mind, onward we go!

1) Game Development companies would get a 25% tax credit based on the total payroll for production costs in Massachusetts if total production costs (not just payroll) are $50K or more during a given tax year. This doesn't include employees that are paid over $1,000,000.00 (I don't think many folks have to worry about that part!)

2) You get an additional 25% credit for all other production expenses, excluding payroll for production if @ least 50% of the total production costs were incurred in Massachusetts.

3) You apply the credits to your total tax bill, thereby reducing it. If you have credits left over, you have 2 choices: you can ask for them back, and you will be refunded 90% of their value; or you can carry them over for 5 more years.

4) You can also SELL the credits to other people/companies! However, if you acquire a transferred credit, you can't get a refund on it (see 3)), but you can still carry that acquired credit over for up 5 five years. And you need to sell the commissioner if you transfer it.

So that's pretty much it! I'm not a tax attorney, but my understanding of the situation is that the 25% is pulled from the total amount spent. So, if you spend $600,000 total on production, and $100,000 is payroll, you get a tax credit worth 25% of payroll ($25,000) plus 25% on the balance of $500,000 ($125,000). However, I'm still doing some research on this for some of my gaming clients, so I may amend after a further look.

However, I think the important thing is that no matter what the amount, this is directly benefiting your company and the gaming industry at large in Massachusetts. Our state has some of the brightest minds in the industry, and I would strongly encourage you to write to your local congressmen and ask them to lobby in support of the bill. Game development companies bring jobs to the area and keep our brightest minds here in the state of Massachusetts. You guys are some of those minds and we want you to stay! So please consider taking the time to lobby for yourself and others.