Super Podcast Action Committee – Episode 54

Super Podcast Action CommitteeIn Episode 54 Andrew Eisen and E. Zachary Knight talk about the latest GamePolitics poll, what all they would like to see from all the big publishers at E3 next week, and the stance of two publishers on DRM. Download Episode 54 now: SuperPAC Episode 54 (1 hour, 3 minutes) 58.5 MB.

As always, you can subscribe to the show on iTunes and use our RSS Feed to add the show to your favorite news reader. You can also find us on Facebook, on Twitter@SuperPACPodcast and Google +. You can send us feedback on the show by dropping a note tosuperpacpodcast@gmail.com.

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Super Podcast Action Committee – Episode 53 LIVE

As always, you can subscribe to the show on iTunes and use our RSS Feed to add the show to your favorite news reader. You can also find us on Facebook, on Twitter @SuperPACPodcast and Google +. You can send us feedback on the show by dropping a note to superpacpodcast@gmail.com.

Credits: The Super Podcast Action Committee is hosted by E. Zachary Knight and Andrew Eisen, and produced by James Fudge. Music in the show includes “Albino” by Brian Boyko and “Barroom Ballet” by Kevin MacLeod. Both are in the public domain and free to use. ECA bumper created by Andrew Eisen.

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Super Podcast Action Committee – Episode 52

Super Podcast Action CommitteeIn Episode 52, hosts Andrew Eisen and E. Zachary Knight talk about females presenters at Microsoft’s Xbox reveal event this week, EA’s continued abuse of the Wii U community, The new S.H.I.E.L.D TV series, Wreck-It Ralph, sushi, and other topics and tangents – mostly instigated by Andrew! Download Episode 52 now: SuperPAC Episode 52 (1 hour, 12 minutes) 66.7 MB.

As always, you can subscribe to the show on iTunes and use our RSS Feed to add the show to your favorite news reader. You can also find us on Facebook, on Twitter @SuperPACPodcast and Google +. You can send us feedback on the show by dropping a note to superpacpodcast@gmail.com.

Credits: The Super Podcast Action Committee is hosted by E. Zachary Knight and Andrew Eisen, and produced by James Fudge. Music in the show includes “Albino” by Brian Boyko and “Barroom Ballet” by Kevin MacLeod. Both are in the public domain and free to use. ECA bumper created by Andrew Eisen.

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Divine Knight Gaming: What’s All This About Let’s Play Videos?

Originally Published on Divine Knight Gaming.

Earlier today, the news started circulating that Nintendo plans on monetizing videos that feature its video games. Not all videos mind you, just videos of certain unspecified lengths. Here is Nintendo’s statement to the website Go Nintendo:

As part of our on-going push to ensure Nintendo content is shared across social media channels in an appropriate and safe way, we became a YouTube partner and as such in February 2013 we registered our copyright content in the YouTube database. For most fan videos this will not result in any changes, however, for those videos featuring Nintendo-owned content, such as images or audio of a certain length, adverts will now appear at the beginning, next to or at the end of the clips. We continually want our fans to enjoy sharing Nintendo content on YouTube, and that is why, unlike other entertainment companies, we have chosen not to block people using our intellectual property. For more information please visit http://www.youtube.com/yt/copyright/faq.html

It quickly became apparent that this was going to impact Let’s Players, or people who record and publish walkthroughs, tutorials and other lengthy game related material on Youtube, the most. Many Let’s Players and Nintendo fans were justifiably upset by this move from Nintendo. It seems that Nintendo underestimated its fans and how they would react to this move.

In response to this, Lars Doucet, the creator of Defenders Quest, started a list on Reddit of various game companies and their stance on the creation and monetization of Let’s Play videos. We quickly added our names to this list, although we have yet to release a game of any significant size. However, we seem to be in the minority in our stance of not having a written policy on this matter. I want to take a few minutes to explain why.

At Divine Knight Gaming, we believe strongly in Fair Use, or Fair Dealing in some countries. Fair use is a limit on the control that copyright holders have on the content they create but sell to fans. With fair use, someone can buy or otherwise legally obtain a copy of something covered by copyright, and the holder of that copyright is limited in what they can tell the customer in regards to what they can and cannot do with it. This fair use is one of the reasons why we have things like game rentals and a used market. It also covers other uses of games such as creating video reviews, walkthroughs and such. The key to fair use is that you either aren’t making a full copy of the work, or that what you do copy is limited in scope as to not infringe on the market for the original.

If you want to read more about fair use, you can check out the fair use clause of US Copyright law.

But for us, we don’t think that creating a video of you playing our game is anything but fair use. How can it not be? You are not creating direct copies of our games. So you are not infringing our right to be the sole distributor of our game. The videos are clearly transformative. Meaning, it is not a substitute for people buying our game as watching a video is a vastly different experience than actually playing it. Additionally, the majority of let’s play videos include content, such as commentary, that is not created by us. That is the copyright of the person creating the video. We provided a canvas, they made the painting. That is how we see it.

So why not write up an explicit license or statement allowing for such use? Because it is not in our right to grant you permission to do something in which you have a legal and natural right. That would be like me giving you permission to breathe or eat. We couldn’t stop you if we wanted to. Even if we wanted to, we would have no right to prevent you from doing it.

Of course, some people seem to side with Nintendo on this issue. But we can’t. Nintendo, while it created the games featured in the videos, has no right to the other creative aspects of the uploader. They did not write and record the commentary. They did not chose which scenes or in which order to include. They did not chose the sequence of actions of the player character. They provided a canvas for which they were legally and justly compensated for when the let’s-player bought the game. That is the extent of their claim.

So, if you are interested in creating videos featuring any of our current or future games, we are not going to give you permission. You don’t need it. Your desire to create is all that is required.

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Super Podcast Action Committee – Episode 51

Super Podcast Action CommitteeIn Episode 51 hosts Andrew Eisen and E. Zachary Knight talk about the possible name of the next Xbox console from Microsoft, two studies about violent video games, Iron Man 3, the Diablo III gold duping exploit introduced in the last update to the game, and some other equally delightful topics related to video games. Download Episode 51 now: SuperPAC Episode 51 (1 hour, 15 minutes) 68.7 MB.

As always, you can subscribe to the show on iTunes and use our RSS Feed to add the show to your favorite news reader. You can also find us on Facebook, on Twitter@SuperPACPodcast and Google +. You can send us feedback on the show by dropping a note to superpacpodcast@gmail.com.

Credits: The Super Podcast Action Committee is hosted by E. Zachary Knight and Andrew Eisen, and produced by James Fudge. Music in the show includes “Albino” by Brian Boyko and “Barroom Ballet” by Kevin MacLeod. Both are in the public domain and free to use. ECA bumper created by Andrew Eisen.

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Super Podcast Action Committee – Episode 50

Super Podcast Action CommitteeEpisode 50 of the show is certainly a milestone for hosts Andrew Eisen and E. Zachary Knight – which just happens to mark nearly a year of the podcast to boot. So, yay for us! On this week’s show we discuss the prank on pirates played by Game Dev Tycoon, the Nyan Cat / Keyboard Cat- Warner Bros. lawsuit, the latest poll over at GamePolitics, and some other fun stuff. Download Episode 50 now: SuperPAC Episode 50 (1 hour, 15 minutes) 68.6 MB.

As always, you can subscribe to the show on iTunes and use our RSS Feed to add the show to your favorite news reader. You can also find us on Facebook, on Twitter @SuperPACPodcast and Google +. You can send us feedback on the show by dropping a note to superpacpodcast@gmail.com.

Credits: The Super Podcast Action Committee is hosted by E. Zachary Knight and Andrew Eisen, and produced by James Fudge. Music in the show includes “Albino” by Brian Boyko and “Barroom Ballet” by Kevin MacLeod. Both are in the public domain and free to use. ECA bumper created by Andrew Eisen.

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Super Podcast Action Committee – Episode 49

Super Podcast Action CommitteeIn Episode 49 of the show hosts Andrew Eisen and E. Zachary Knight discuss the ongoing turmoil inside EA, Nintendo’s decision to not host an E3 press conference, results of the latest poll and catch up on some mail that went into the silly spam filter. Download Episode 49 now: SuperPAC Episode 49 (1 hour, 3 minutes) 58.5 MB.

As always, you can subscribe to the show on iTunes and use our RSS Feed to add the show to your favorite news reader. You can also find us on Facebook, on Twitter@SuperPACPodcast and Google +. You can send us feedback on the show by dropping a note to superpacpodcast@gmail.com.

Credits: The Super Podcast Action Committee is hosted by E. Zachary Knight and Andrew Eisen, and produced by James Fudge. Music in the show includes “Albino” by Brian Boyko and “Barroom Ballet” by Kevin MacLeod. Both are in the public domain and free to use. ECA bumper created by Andrew Eisen.

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Vlambeer is “Cloned” Again And Responds That It Doesn’t Like Competition

Luftrausers was "cloned"Vlambeer is no stranger to cloning controversies. A while back, its game Radical Fishing was “cloned” by another company and turned into a game called Ninja Fishing. I responded with a blog post about why the idea of game cloning should be an accepted part of the industry. The idea that copying game mechanics is neither unethical or theft as many people like to claim was central to my point. Game cloning has been around since electronic table tennis. It will be with us long after. Other industries are not immune to the effect either. Yet for some reason it gets a lot of negative attention in the games industry.

This past week, it turns out that the gaming community spotted what they claimed to be another Vlambeer cloning case. In this case, Vlambeer is working on a stylized aerial dogfight game, Luftrausers, and out came yet another game, SkyFar, that follows a similar path. You can view footage of Vlambeer’s game here and the supposed clone here. To me, this seems to be yet another case covered clearly by my previous response. But with all the press the controversy was getting, I had to vent. So I went to Twitter and said the following:

I am so getting tired of Vlambeer’s overreactions to game cloning. Why are they making a big deal over a game on a platform they aren’t on?

It is one thing to complain when a supposed clone is directly competing such as with Triple Town, but this latest complaint is ridiculous.

There are ways to deal with it that don’t involve crying to Apple and Google. For one, you can ignore it, two you can do better than it.

I was halfway hoping to get a response, but didn’t really care either way. But I did get one. Rami Ismail, business and development guy at Vlambeer, responded with the following:

I’m getting equally tired of brushing cloning off as if it’s a good thing. It is not and should not be ‘OK’. Inspiration, fine.

From here, he and I had a long debate on Twitter. While the debate mostly confirmed their stated positions on game cloning, I did want to elaborate on a few things found in there. First up was Rami’s second tweet to me.

In the end, though, we do not control what the press writes about. We just reply honestly when there’s a request for comment.

This seems odd to me. While I understand that Vlambeer cannot control what the press says, they can control what they say to the press. One would think that it would be obvious for the press to seek out someone who is known to have controversial opinions on a fact of game design such as cloning. Once alerted to something that deals with that company and that controversial topic, the press would seek them out for comment.

If that is how the press functions, then responding to the press in exactly the fashion they were seeking is basically falling where they want you to be. So in reality, this whole ordeal could have easily been avoided had Vlambeer not responded or responded in a non-controversial manner.

The next tweet deals with their response to this game “clone”. They stated to the media that they are contacting Apple and Google to get them to do something about it. When confronted with this Rami responded:

We do intend to challenge a game that takes our style, theme and gameplay & admits to faking their screenshots & trailer.

This was a running theme through his comments. Rami seemed to be under the impression that their only option was to complain about the game. When I brought up the idea that they could instead compete with what is apparently an inferior game on a platform they don’t target, he brushed the idea off with this:

We’re not competing, we do not intend to compete. We don’t care about competing. We care that that’s our work being ripped off.

And that is the problem with their view point. Competition is somehow a bad thing to them. They do not believe they should have to compete against similar ideas. That is a dangerous line of thought. A line of thought that has them admitting that rather than compete, they would have the competition banned. Referring to my comment confirming that their hope is to have the “clone” banned from iTunes and Google Play:

Like you said, that’s not our decision, but it is what we hope the judges will decide.

I seriously hope that Vlambeer is in the minority in their opinion. The idea that we should not have to compete in a marketplace of ideas and concepts in gaming is absurd on many levels. Game developers compete in such a way on a daily basis. Call of Duty competes with Battlefield. The Sims Social competes with the Ville. Diablo 3 competes with Torchlight 2. And so on and so forth. Each of those games could be said to be a clone of the other. Yet, barring rare occasions, the companies choose to compete with each other in the market rather than complain and try to have the competition banned.

In conclusion, I want to respond to one last tweet from Rami:

No, we just feel victimized by people intentionally ripping off our games. If someone is inspired by our works, we’re proud.

I asked him where the line was because to me it seemed that they are placing it so far askew that there could be no “inspiration” they would accept. In response to that query, he simply stated that he felt my placement was too far askew in the other direction. Based on my conversation and other media responses by Vlambeer, it would seem that the only way they would consider something to be an “inspiration” rather than a “clone” would be for the competing game to be released after their game and not for sale or monetized in any way.

While that placement of the line is not confirmed by Rami or Vlambeer, I think it is pretty safe to assume that it is in the ballpark. I would hope that other indie and even AAA developers would move away from such a mindset. By treating as a clone  anything that even remotely cross-eyed looks like it might compete with your game, you are showing that you cannot compete in a real market. Without some kind of artificial controls on the market, you would fail at the first sign of competition. Why would any developer want to believe that?

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Super Podcast Action Committee – Episode 48

Super Podcast Action CommitteeIn Episode 48 of the Super Podcast Action Committee Andrew and E. Zachary Knight discuss two polls this week – one about always online consoles and another about having moral objections to gameplay that is so offensive to you that it makes you stop playing. There’s also a lot of discussion about the Wii U, the latest Monster Hunter game and a classic game EZK is playing because he found it for cheap used. Download Episode 48 now: SuperPAC Episode 48 (1 hour, 10 minutes) 66.2 MB.

As always, you can subscribe to the show on iTunes and use our RSS Feed to add the show to your favorite news reader. You can also find us on Facebook, on Twitter @SuperPACPodcast and Google +. You can send us feedback on the show by dropping a note to superpacpodcast@gmail.com.

Credits: The Super Podcast Action Committee is hosted by E. Zachary Knight and Andrew Eisen, and produced by James Fudge. Music in the show includes “Albino” by Brian Boyko and “Barroom Ballet” by Kevin MacLeod. Both are in the public domain and free to use. ECA bumper created by Andrew Eisen.

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Super Podcast Action Committee – Episode 47

Super Podcast Action CommitteeEpisode 47 of the Super Podcast Action Committee is finally available after a rocky start to the week for Andrew and EZK, who both are apparently very sick. Nevertheless, they tough it out to catch up on the last two polls (one about dying Xbox 360s and another about punishing politicians for creating unconstitutional laws) and take some time to give EA kudos for winning the Worst Company in America for a second year in a row. Will 2014 make the third time the charm? Stay tuned! Download Episode 47 now: SuperPAC Episode 47 (1 hour, 16 minutes) 69.6 MB.

Programming note: due to this week’s show being published so late in the week (we are sorry we made you wait so long!) we will not be recording an episode this coming weekend. The next episode (barring any further calamites or illnesses) will go live on Monday, April 22.

As always, you can subscribe to the show on iTunes and use our RSS Feed to add the show to your favorite news reader. You can also find us on Facebook, on Twitter @SuperPACPodcast and Google +. You can send us feedback on the show by dropping a note to superpacpodcast@gmail.com.

Credits: The Super Podcast Action Committee is hosted by E. Zachary Knight and Andrew Eisen, and produced by James Fudge. Music in the show includes “Albino” by Brian Boyko and “Barroom Ballet” by Kevin MacLeod. Both are in the public domain and free to use. ECA bumper created by Andrew Eisen.

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