Online Game Developer Wants Avatar Bill of Rights

August 13, 2007 -
Here's something we like to see - a game publisher who is concerned about gamer rights.

Erik Bethke, CEO of GoPets, an animal-based MMO in beta, has offered a $5,000 bounty for help in creating, among other things, a EULA that outlines the rights afforded to gamers' online avatars.

Bethke writes:
We have long recognized the importance private property in GoPets but so far we have not taken any formal steps to ensure property rights to our citizens and now believe that formal recognition and other tangible forms of human and property rights will accelerate our commercial goals...

We would like to reach as high as possible to achieve the natural rights as expressed in the UN Universal Declaration of Human Rights...

The ‘governing rules’ should not be developed in a private conversation with our excellent corporate lawyers but instead with the people who are active in both the research of the legal and economic issues of online worlds, other creators of worlds and most important to are the people who will actually use these governing rules to their own benefit.

Bethke, who maintains that, in terms of avatar rights, Second Life's EULA compares unfavorably with that of North Korea's constitution, recommends noted game designer Raph Koster’s 2000 treatise on the rights of avatars.

Some of the rights favored  by Bethke include:
-Due Process & Habeas Corpus  (instead of the usual ban hammer, a player tribunal, perhaps?)

-Right to free avatar expression and assembly

-Non discrimination

-Right to transfer your whole account to another individual (you listening, Blizzard?)

-Compensating users for service outages

-Permitting mashups and fan art

-Welcoming user-created content 

Via: Second Thoughts...

Comments

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Re: Online Game Developer Wants Avatar Bill of Rights

Any commercial MMO that would do this is doomed to fail, because, using WoW as an example, once you kill even one boar, you have permanently increased the value of an account beyond that of when you first activated it. Here by only a tiny amount, but still.

That said, anyone leaving the game would thus sell their accounts and only the world's biggest chumps would buy boxes from stores. This would completely negate all of the lower level content, which is essentially training for the upper levels.

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Re: Online Game Developer Wants Avatar Bill of Rights

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Re: Online Game Developer Wants Avatar Bill of Rights

I am hoping that after these rights the gaming industry would run in an organized manner

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Re: Online Game Developer Wants Avatar Bill of Rights

The Consumer should have the right to give feedback!!!!!!!!!!!!!!!!!

Re: Online Game Developer Wants Avatar Bill of Rights

The consumer should have the right to give feeback!!!!!!!!!!!!!!!!!!

@Picho:

It was supposed to be confusing. Well, not entirely, I mean. Anyway, my point is that humanity in general can be concerned with more than one issue at the same time, so dismissing an idea entirely because "there are bigger things to worry about" doesn't make sense to me. Also, babies in Africa can eat bread; it's their racial trait that they can use once per day.

The rights of men, to role-play horses, having sex with chickens, over the internet, shall not be infringed.

GoPets=Furry City (Beta Version)

@Vlad

Your name, and comment confuse me. And babies cant eat bread.

@Zigs

"He’s just looking out for his furry-rights. Of which there are none."

And you mean, what, by this?

Yeah, let's not bother with avatar rights until every human being in the world is guaranteed the same rights. Oh, and let's not worry about protecting free speech in games until all the babies in Africa have milk and bread, and people in South America aren't kidnapped and tortured by drug cartels.

Priorities, people.

It's awful that the content-creating geek class can be bought out so easily by promises of mash-ups.

Erik's start is interesting, and no doubt well-intentioned, but he isn't providing any more universal human rights that Linden Lab, so the North Korean analogy is silly.

There is a lot of collectivism larded into Koster's and Bethke's "bills of rights" and unlike the U.S. Constitution, which is a model for certain, there isn't enough respect and foundation in individual rights.

One thing I think we can agree on, however, is that people like Matt Mihaly or Matthew here who natter on about how avatars are only pixels and aren't people blah blah should just go sit in the corner and keep talking on their plastic phones not hooked up to anything that real people are experiencing. Their avatars are extensions of themselves, they are their navigators in virtual worlds, and in those spaces, that want something at least approximating what they have in real life spaces.

Really, if all Erik gets right is a more fair, transparent, and humane punishment and ban system, he will already have gone a huge distance in democratizing games and making them more just, and that should be the focus.

I have to agree with those here. This is.... just a wee bit too much.

He's just looking out for his furry-rights. Of which there are none.

Personally, I like this idea from a consumer stand-point. But in reality, what a waste of effort. I mean serisouly, noone needs WoW, or GoPets, or whatever to live. If you don't like what the game company does with your avatar, etc. you have a very simple and powerful solution. STOP GIVING THEM MONEY! As much as I am pissed that my wife's mage is still on my account because Blizzard is anal about last names, if I felt this was treading on my 'rights,' you could bet I'd stop paying them to do so, and right quick.

Let's not lose focus on priorities, people. Free Speech first, avatar 'rights,' after real people all have them ...

How about a deal: We'll give online avatars and other internet-related accounts human rights as soon as we are able to have human rights for everyone and keep them.

Unless PETA does something stupid to get their way. Goddamn PETA.

I think we are all aware that avatars are not human, but for the most part they are controlled by humans. I think it has to do with the gamers in a particular online game just demanding to be treated in a certain way and if the company decides to listen to them or not it is up to them. I say to keep a online gaming community to want to keep them happy to some degree.

The comments prove to me that the "bill of rights" will vary by game. For example, if you create the art for an avatar, you own the rights to the art (IP)--no matter what the EULA says (IMHO).

Human rights don't apply to avatars, who aren't human. The EULA/TOS/Necrowombicon states that your service may be terminated at any time and so on and so forth. While the legalities of clicking "I agree" are often (rightfully) questioned, the existence of the TOS differentiates a game from reality.

You do not have a right to chill out in Ironforge with some polygonal night elves. It is a privilege offered to you in exchange for cash under a contract that states that the world might not be fair.

-Right to free avatar expression and assembly
-Right to transfer your whole account to another individual
I see no reason why any of these should be rights.

-Non discrimination
From the devs? That should be covered by existing laws. From other players? No chance. Particularly in games where you play opposing armies.

-Compensating users for service outages
Very worth discussing, and should be extended in general. My 360 was sent off to the Beast of Redmond for the best part of a month, but other people have had theirs disappear for longer. Of course, you expect to have it returned reasonably soon and so don't cancel your Live subscription... I personally received one month in compensation when it finally returned. Has anyone received more due to a longer repair period?

-Permitting mashups and fan art
If it's dev-created models and textures then why should anyone else be able to use it?

-Welcoming user-created content
Nude patch

Man i wish we had some of these rules in the mmorpg I play, but alas, that shall never happen.

I really like the idea of compensation for server outages.

He's got some good ideas, although going for a "human rights for avatars" type of a thing is a bit overkill, IMHO. A great conversation starter though.

The first one on his list is one of my pet peeves. I don't, usually, go about my gaming in a manner that would get me banned, but the lack of transparency and due process when/if you do get banned from an online gaming service, or a forum for a gaming company/game is troubling. More so when you consider most gaming company websites/forums are moderated by volunteers, i.e. gamers just like you. Some of them are completely unsuitable to moderate their pants.

Also if you're any good at any Xbox Live game and play ranked games a lot, you're GUARANTEED to amass a lot of negative feedback from sore losers. Given Microsoft's policy on bans based on user feedback you're bound to get banned sooner or later. For nothing, except being better than others. For example I've gotten "bad language" feedback during games I didn't even have my mic on.

If you get banned from XBox.com, you can't even ask the mods what the deal is, or plead your case, because the ban also bans you from using private messages. Genius.

It sure would be nice, if there was a more direct way to communicate with people and companies that ban you. And additional transparency to the whole process would serve everyone better.

The only thing that would be nice is the transferring of characters around. I would love to be able to give one of my alts to a friend, or borrow another friend's max level guy to help when I am getting griefed

I always thought that feedback has no real bearing on you. I think it even says that on the actual page itself. Its just a way to see somebody's playstyle

I think that the consumers of these product should be entitled to rights. This can keep online communities from suffering due to poor moderation staff. Right now avatars are living under dictatorships, it is time they the freedom they deserve and the freedom their players pay for.

I think this is not only important for online gaming but ALL online communities.

I almost thought this was a joke... But they aparently are serious and some good points are made.

-Due Process & Habeas Corpus (instead of the usual ban hammer, a player tribunal, perhaps?)

(Good idea expet for one problem... Greifers are the equiveleant of online terrorists and should be dealt with no mercy. With most MMOs there is an appeals process or you can just make a new account. Getting banned is not an end all be all punishment. You just have to work hard to get back in. And with most MMOs, a ban is the last step after you ignored the warnings.)

-Right to free avatar expression and assembly

(Good... Umm, can't we do that anyway as long as it does not violate the ToS?)

-Non discrimination

(I need explenation on this one. Anyone can make an avatar and go into an online world. And no company can deny you the ability to play the game for real life reasons like race or religion because there are laws already in place that makes that illegal. And if you are getting bashed for being a short stubby gnome kiddie? Well, you made the choice to be a gnome. You have extra MP and more powerful spells. Defend yourself you stumpy football!)

-Right to transfer your whole account to another individual (you listening, Blizzard?)

(Seconded)

-Compensating users for service outages

(Hell yeah! Like hell I am going to pay for a month of service when the server was down for 27 days! Anyone remember thoes days in WoW?)

-Permitting mashups and fan art

(It is called free advertising. It worked for blizzard and now they have a strong fanbase. THis is a no brainer.)

-Welcoming user-created content

(As long as it does not violate the ToS or gives unfair advantage to a player.)

[...] Posted by izzyneis on August 14th, 2007 Via GamePolitics.com, an uplifting story of corporate responsibility to counteract yesterday’s exploration of corporate neglect. Erik Bethke, CEO of a virtual pet MMO-environment called GoPets, has announced that their site wants the game community’s help (academic and practitioner, as well as players, I would assume) in drafting an “Avatar Bill of Rights” that will allow players to retain IP rights and foster user-generated content…as well as create a much more level and democratic playing field wherever political, ethical and legal issues arise. [...]

[...] Game Politics reports on a call for an “avatar’s bill of rights” that would recognize virtual representations of people as governed by rights, not just end user license agreements (presumably only covering those in online worlds, but I haven’t read the whole article it links to yet). [...]

A well-regulated raid group being necessary to the security of a free item drop, the right of the avatars to keep and bear spells shall not be infringed.

[...] Interestingly, GP recently posted on a guy’s proposal for an “Avatar’s Bill of Rights.”  I thought this was pretty silly at first, and I’m still not sure if all of these listed should be rights per se, but I like the general principle. [...]

Sorry, but a lot of these are just dumb:

-Due Process & Habeas Corpus (instead of the usual ban hammer, a player tribunal, perhaps?)

For one thing, this would place the whole thing under a whole needless layer of complexity.

Who would serve on these tribunals? Obviously, the concept of jury duty would never fly in WoW, so it would have to be volunteer. How could you guarantee non-bias under this system? You could easily have "tribunal griefers", people joining to "hang them all" or "get the man off their backs" regardless of the facts in the cases at hand, and the company would be powerless to do anything about it and protect the integrity of their game.

Plus this would add huge delays to ANY complaint being acted upon.

No.

-Right to free avatar expression and assembly

Uh huh, except these huge and often pointless assemblies prevent legitimate play by causing huge lag, both graphically and connection latency-wise, in the area and hamper people actually trying to play the game in doing so.

-Non discrimination

Great, just make sure this extends all ways, not just to the popular causes.

-Right to transfer your whole account to another individual (you listening, Blizzard?)

A thousand times NO.

Any commercial MMO that would do this is doomed to fail, because, using WoW as an example, once you kill even one boar, you have permanently increased the value of an account beyond that of when you first activated it. Here by only a tiny amount, but still.

That said, anyone leaving the game would thus sell their accounts and only the world's biggest chumps would buy boxes from stores. This would completely negate all of the lower level content, which is essentially training for the upper levels.

That's why they (and pretty much every other major pay MMO) has made it so that nothing in the account is yours. Because we're all supposed to start at level 1 with only starter gear, and learn through the process. And those who do sneak around behind things and buy accounts are cheating.

Just because you think you can because "I own it and can do whatever I want with it." is no excuse, especially when playing a game with other people.

-Compensating users for service outages

If we start talking in terms of a week or so, then yes, any reasonable pay service should talk about compensation. If we're talking more like a day, especially regularly scheduled and unavoidable service outages, it's 50 cents, get over it.

-Permitting mashups and fan art

-Welcoming user-created content

These two kind of go together. They shouldn't be any kind of intrinsic right at all. What's there has been created by the developer. It belongs to them. If you created something and you wanted to grant these rights, bully for you. If you chose not to, you wouldn't be impressed by someone telling you you HAD to.

This is interesting conceptually, but right off the bat you have conflicting notions of identity, specific parties etc.--account transferral, outage compensation etc. apply to real people; in-game conflict resolution, avatar free expression etc. are in-character processes which concern some nebulous entity, a person's avatar.

In other words, we're talking about two different issues here: consumer rights, and character (avatar) rights.

Consumers have various lobby and awareness groups and institutions etc. to advocate for them, but characters/avatars do not. As more of our real-world resources and identities become invested in virtual spaces, we may find a true need for avatar-specific rights.

$5,000 Reward For GoPets Avatar Bill of Rights...

GoPets CEO Erik Bethke is set to break new ground in the area of virtual worlds by proposing to turn his service’s end-user licensing agreement and terms of service document into a plainly written bill of rights. [Via GamePolitics.com, pointed ou...

Dedicated to the virtual freedoms of avatars.

http://slcongress.com

I have to say, that I could not agree with you in 100% regarding Online Game Developer Wants Avatar Bill of Rights, but it's just my opinion, which could be wrong :)

[...] GamePolitics.com Blog Archive Online Game Developer Wants Here s something we like to see - a game publisher who is concerned about gamer rights. Erik Bethke, CEO of GoPets , an animal-based MMO in beta, has offered a $5,000 bounty for [...]
 
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Andrew EisenMichael Chandra - Unless I overlooked it, we haven't seen how the directive to not talk about whatever he wasn't supposed to talk about was phrased so it’s hard to say if it could have been misconstrued as a suggestion or not.10/20/2014 - 12:35pm
Andrew EisenHey, the second to last link is the relevant one! He actually did say "let them suffer." Although, he didn't say it to the other person he was bickering with.10/20/2014 - 12:29pm
Neo_DrKefkahttps://archive.today/F14zZ https://archive.today/SxFas https://archive.today/1upoI https://archive.today/0hu7i https://archive.today/NsPUC https://archive.today/fLTQv https://archive.today/Wpz8S10/20/2014 - 11:21am
Andrew EisenNeo_DrKefka - "Attacking"? Interesting choice of words. Also interesting that you quoted something that wasn't actually said. Leaving out a relevant link, are you?10/20/2014 - 11:04am
quiknkoldugh. I want to know why the hell Mozerella Sticks are 4 dollars at my works cafeteria...are they cooked in Truffle Oil?10/20/2014 - 10:41am
Neo_DrKefkaAnti-Gamergate supporter Robert Caruso attacks female GamerGate supporter by also attacking another cause she support which is the situation happening in Syia “LET SYRIANS SUFFER” https://archive.today/F14zZ https://archive.today/Wpz8S10/20/2014 - 10:18am
Neo_DrKefkaThat is correct in an At-Will state you or the employer can part ways at any time. However Florida also has laws on the books about "Wrongful combinations against workers" http://www.flsenate.gov/Laws/Statutes/2012/448.04510/20/2014 - 10:07am
james_fudgehe'd die if he couldn't talk about Wii U :)10/20/2014 - 9:16am
Michael ChandraBy the way, I am not saying Andrew should stop talking about Wii-U. I find it quite nice. :)10/20/2014 - 8:53am
Michael Chandra'How dare he ignore my wishes and my advice! I am his boss! I could have ordered him but I should be able to say it's advice rather than ordering him directly!'10/20/2014 - 8:52am
Michael ChandraIf GP goes "EZK, do not talk about X publicly for a week, we're preparing a big article on it" and he still tweets about X, they'd have a legitimate reason to be pissed.10/20/2014 - 8:52am
Michael ChandraIf GP tells Andrew "we'd kinda prefer it if you stopped talking about Wii-U for 1 week" and he'd tweet about it anyway, firing him for it would be idiotic.10/20/2014 - 8:51am
Michael ChandraLegal right, sure. But that doesn't make it any less pathetic of an excuse.10/20/2014 - 8:50am
ZippyDSMleeYou mean right to fire states.10/20/2014 - 8:50am
james_fudgesome states have "at will" employee laws10/20/2014 - 7:50am
quiknkoldIt says in the article that being in florida, you can get fired regardless if its a fireable offence10/20/2014 - 7:19am
Michael ChandraIf your employee respectfully disagrees with your advice, that's not a fireable offense. If they ignore your order, THEN you have the right to be pissed.10/20/2014 - 6:49am
Michael ChandraI... Don't get one thing. If you do not want your employee to do X, why do you tell them it's advice or a wish? Give them a damn order.10/20/2014 - 6:48am
james_fudgeA leak that had me worried about being swatted by Lizard Squad.10/20/2014 - 6:03am
james_fudgeIt should be noted that the author leaked the GJP group names online10/20/2014 - 6:03am
 

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