Author Topic: The right to play  (Read 20119 times)

Little Green Frog

  • Boss
  • ****
  • Posts: 246
  • @Little Green Frog
Re: The right to play
« Reply #40 on: December 05, 2012, 09:18:15 PM »
When you craft laws, you give power to a third party. You are legalizing, ultimately, the use of violence to extort behavior. So you have to be very, very careful what laws you advocate, because every single law is an abridgement of a freedom. Yes, even good ones: the laws against theft abridge my freedom to simply walk into your house and take your computer for my personal use; the laws against battery and murder abridge my freedom to beat you up because I don't like what you're saying about capitalism.
The fact that I am a moral man who would not do these things does not change that I do not have the freedom, legally, to do them thanks to those laws.

In order, however, to optimize productivity, one must not remove the freedoms to perform productive behaviors. Because theft, extortion, violence, and murder are detrimental to productivity, optimal law discourages or prohibits them. But the kinds of laws that would arise from the sentiments I see here would hinder productive, honest people in the name of preventing "hardship."

Wait, what? While I do understand your fears that regulation may do harm instead of good, I really don't like where you go with your parallels. Murder is not a mere detriment to productivity. I do not think this particular way of seeing how markets do or should operate as healthy.

It is up to us as private citizens and members of the business community (whether customers or otherwise) to police good and bad treatment and caretaking of customers and consumer products. We do this as customers by choosing where to spend our money, and as citizens by bringing awareness and scrutiny onto those who act poorly (in this case, NCSoft). As producers, we actively strive to come up with better models and test them by doing business under them, and getting our customers to spread the word about us and hopefully proving the superiority of our methods.

All else is destructive, and thus to be shunned.

I disagree with you strongly here, because you are going to the extreme by giving all the power to the platform owner and none to the platform user, because you believe that if rights of the latter group would be regulated it would also discourage platform owners from creating more platforms. Would it? Maybe in certain cases, but not as a whole, because the invisible hand of the market works miracles where there are money to be made: if there is money to be made, sooner or later money will be made and no amount of regulation can stop it. But I do not want to water down my argument by exploring the business dynamics in various legal environments.

Instead I would like to emphasize - again - that the real issue here is that in the MMO field (and in cloud computing in general)  the platform owners have the absolute power over content that is to various extent co-created by platform users, while the latter group is at the mercy of the platform owners to act with their interest in mind. This is bad for us, the users and has to change. And I have no doubt it eventually will, because maybe closure of a niche MMO is not significant enought to make enough people angry, but MMOs are simply a fragment of a bigger picture. One day an important cloud platform, such as Google Docs, will pull a stunt similar to the one that killed City of Heroes and then all regulatory hell will break loose. As an end user of cloud computing products I look forward to that day.

This is swarm intelligence at work, and it is the ONLY way societies have ever advanced. When autocratic law stifled such innovation, it nonetheless happened...just in what were called "black markets" and "forbidden research."

I think you may be reading way too much into it.

corvus1970

  • Elite Boss
  • *****
  • Posts: 758
  • A true ruler is as moral as a Hurricane.
Re: The right to play
« Reply #41 on: December 05, 2012, 09:24:55 PM »
Instead I would like to emphasize - again - that the real issue here is that in the MMO field (and in cloud computing in general)  the platform owners have the absolute power over content that is to various extent co-created by platform users, while the latter group is at the mercy of the platform owners to act with their interest in mind. This is bad for us, the users and has to change. And I have no doubt it eventually will, because maybe closure of a niche MMO is not significant enough to make enough people angry, but MMOs are simply a fragment of a bigger picture. One day an important cloud platform, such as Google Docs, will pull a stunt similar to the one that killed City of Heroes and then all regulatory hell will break loose. As an end user of cloud computing products I look forward to that day

Dear Zod, I never made that connection until you mentioned it, but you are absolutely right.

The current MMO model is indeed a type of cloud computing. So, what happens when one day Google, or Amazon, or someone else with cloud-services just up and decides to kill off the service?

Yeah, we definitely need to fight for some end-user rights that are far more comprehensive than what we have now.
... ^o^CORVUS^o^
"...if nothing we do matters, than all that matters is what we do."
http://corvus1970.deviantart.com/

Segev

  • Plan Z: Interim Producer
  • Elite Boss
  • *****
  • Posts: 2,573
Re: The right to play
« Reply #42 on: December 05, 2012, 09:32:28 PM »
Wait, what? While I do understand your fears that regulation may do harm instead of good, I really don't like where you go with your parallels. Murder is not a mere detriment to productivity. I do not think this particular way of seeing how markets do or should operate as healthy.
No, it is not a "mere detriment," it is an awful crime. But it is still a detriment. I bring it up not because I don't think there are stronger reasons to oppose it, but because I'm heading off arguments I've seen in the past. "Oh, so anything that makes profit is good? I guess you're okay with killing people to make money, then!" You wouldn't believe how often that's a go-to justification for laws inhibiting liberty, and so I choose to use a simplified singular premise as my thesis and show how just from that the protection of life, as well as liberty and property, is essential when crafting law. My apologies if you thought I was saying that's the ONLY reason to prohibit murder. Like I said, I am a moral man, and find murder abhorrent.

I disagree with you strongly here, because you are going to the extreme by giving all the power to the platform owner and none to the platform user, because you believe that if rights of the latter group would be regulated would discourage platform owners from creating more platforms. Would it? Maybe in certain cases, but not as a whole, because the invisible hand of the market works miracles where there are money to be made: if there is money to be made, sooner or later money will be made and no amount of regulation can stop it. But I do not want to water down my argument by exploring the business dynamics in various legal environments.
Actually, I'm giving the single most important power to the platform user: choice to not use. Especially when we discuss entertainment products, if you don't like the terms established by the platform owner, if you don't like the ownership model and the level of control and freedom it gives you, you have every right not to use it.

Moreover, I give the platform user who is dedicated enough the freedom to develop his own platform and his own ownership models and try to sell them. Attract like-minded people who dislike the same things you dislike in the existing ownership models offered to them. If you think it's impossible, then you wait for your opportunity: when you're proven right about the flaws in the ownership model and there are customers crying out in outrage over how they've been unfairly (albeit within the legalities of the framework to which they agreed) dealt with. Then you step in and say, "I know a better way. Come, experience my product, with my better model that will protect your investment of time and energy and emotion." And you make your profits while you watch the supposedly-unbeatable, supposedly-almighty company that used the bad model die.

Living well is the best revenge.  8)

Instead I would like to emphasize - again - that the real issue here is that in the MMO field (and in cloud computing in general)  the platform owners have the absolute power over content that is to various extent co-created by platform users, while the latter group is at the mercy of the platform owners to act with their interest in mind. This is bad for us, the users and has to change. And I have no doubt it eventually will, because maybe closure of a niche MMO is not significant enought to make enough people angry, but MMOs are simply a fragment of a bigger picture. One day an important cloud platform, such as Google Docs, will pull a stunt similar to the one that killed City of Heroes and then all regulatory hell will break loose. As an end user of cloud computing producsts I look forward to that day
I dread the day regulation is used to "fix" it. I guarantee it will only make the problem worse, as suddenly only one entity - the government - is deciding what content to allow.

Me, I look forward to the continuing reduction in cost of the resources required to do cloud computing and the like, so that more and more platform-providers enter the market, unrestrained by regulations meant to "enforce fair play" other than "no promising one thing in a contract and then reneging." The various models will be tested, tried, and the ones that work best to satisfy end users will be the ones that thrive. Because they'll attract all the customers.
I think you are reading way too much into it.
Nope. Definitely SI in action. SI is why America had the powerhouse economy it had in the 20th century (and even before, though it was less obvious while it was "merely" catching up to Europe's thousand+ years of development in a tenth the time).

Dear Zod, I never made that connection until you mentioned it, but you are absolutely right.

The current MMO model is indeed a type of cloud computing. So, what happens when one day Google, or Amazon, or someone else with cloud-services just up and decides to kill off the service?

Yeah, we definitely need to fight for some end-user rights that are far more comprehensive than what we have now.
I sincerely hope you organize an effort to build a cloud-computing entity that has the kind of protections you want, and go into competition with Google, Amazon, etc. such that, when they pull that stunt, you can say, "come to me; I have what you need," to the harmed users. And then you will be wealthy, and users will be protected, and we are not paying bureaucrats to decide that no, in fact, they don't want to see you even try.

corvus1970

  • Elite Boss
  • *****
  • Posts: 758
  • A true ruler is as moral as a Hurricane.
Re: The right to play
« Reply #43 on: December 05, 2012, 09:40:42 PM »
Sorry, by that point the harm has already been done.

While I appreciate your stance on the free-market, I don't agree with it.
... ^o^CORVUS^o^
"...if nothing we do matters, than all that matters is what we do."
http://corvus1970.deviantart.com/

Segev

  • Plan Z: Interim Producer
  • Elite Boss
  • *****
  • Posts: 2,573
Re: The right to play
« Reply #44 on: December 05, 2012, 09:47:09 PM »
Sorry, by that point the harm has already been done.

While I appreciate your stance on the free-market, I don't agree with it.
You will never, ever prevent harm with rules and regulations. You can't, because until you test your rules against a control that lacks them, you can't know how your rules will influence the benefit:harm ratio. Many rules, implemented with good intent, cause more harm than good because they were put in place untested - sometimes because somebody thought "this COULD happen," and others because somebody over-reacted to something that DID happen.

While caution is good, it is best to train people to think for themselves and measure risk for themselves. Rules - good rules - should never protect people from themselves, but from active efforts to prevent them from making free, informed choices. (I am speaking here of mature adults who are in full possession of their faculties; discussion of those with mental deficiencies or too young to know better are sticky in and of themselves and are a whole other topic of conversation. The base assumption, barring other evidence, should always be that the adult decision-makers are capable of rational decision-making if not denied access to needed information.)

A friend of mine likes the following phrase, and it sums up why it will always be too late to prevent harm the first time:

"Rules exist to prevent something from happening a second time."

corvus1970

  • Elite Boss
  • *****
  • Posts: 758
  • A true ruler is as moral as a Hurricane.
Re: The right to play
« Reply #45 on: December 05, 2012, 09:50:18 PM »
I'm a big believer in teaching people to think for themselves.

Unfortunately, that's not going to happen anytime soon.

We're going to have to agree to disagree on this score.
... ^o^CORVUS^o^
"...if nothing we do matters, than all that matters is what we do."
http://corvus1970.deviantart.com/

Osborn

  • Boss
  • ****
  • Posts: 188
Re: The right to play
« Reply #46 on: December 05, 2012, 09:54:19 PM »
Common decency, maybe, though I suspect that you're allowing a subset to stereotype the whole. Common sense? "I'm motivated by profit! I have a product that is making me money if I just leave it alone! I'm going to close it down!" That's not sense, common or otherwise. By definition, sense helps you reason your way towards behaviors that lead to your goal.

I'm sure that, had we laid down and shut up, they would had been able to make more money off the closure of a thriving, albeit tiny portion of their portfolio. Their stock has been taking due to negative reputation, not because they couldn't find a way to make money off shutting the game down. That's what I meant by their common sense being motivated by greed.
 
It's not "greed." It's "enlightened self-interest." When people allow greed for the short-term to blind them to their long term self interest, they are not being enlightened.

Call it what you want. I don't see much of a difference. That sounds like semantics somebody tells themselves to help them get through the day. They're allowing short-term greed to motivate them to make us lose out on our long-term investment. See, me being motivated by greed doesn't mean I, personally, have to pay the long-term costs of my short-term gains. The only way that would be true is if we all lived in our own little bubble dimension. I'm not immortal, if I made a billion dollars right now even if it cost the world 50 times that in 40 years, I'm still gold. I'm not even counting on being alive that long.

I'm not saying all people do this. I'm just saying that it'd be extremely naive to imagine a world where nobody ever did, and just kinda cross your fingers and hope that they wouldn't.

And, in the long run, unless you permit such people the reins of power to change the rules away from capitalism (as has happened frequently in the last 15 years, most notably with the increasing amounts of regulation that actually help established powerhouses become de facto monopolies by hiking cost-of-entry to ludicrous sums), it hurts those who so allow themselves to be blinded.

First, I don't care about sticking to one ideology, I only care about what works. That tends to be a moderated and mixed approach.

Second, I ain't sure what world you've been seeing where we've been moving 'away' from capitalism. We've been deregulating things that were regulated for the last 30 years. Labor laws and public support for labor support has been falling steadily. Call it a victory or a loss at your own discretion, but that's how it's been.

Third, again, wouldn't 'enlightened self interest' compel these 'established' interests to fight for said regulation. Again you're promoting a system that endorses a motivator (however grand you feel it is) then complaining about when the powerful use that motivator to do bad things. It's like you can recognize something is wrong, but you can't and won't blame the ideology, so you are arguing that we just need more of the ideology.

That's why I don't try to strive to 'cleave' to any one ideology and just look at what does or doesn't work, taking a scalpel to the problem where it's needed.

If deregulation in some areas, like the regulation that you claim stops businesses from starting up, can help, I'd be for it. You'd have to prove that it does, and I'd be skeptical that it does.

I'm typically skeptical of taking the advice of the players profiting from the advice, especially if said advice commonly makes everybody (and myself) else pay for it, and it's been these big players that you say are profiting from regulation constantly telling us to let them do whatever they want then hope unicorns and puppies explode out of it, so it would be a tough sell, but I'm not closed to the idea.

But that said, even if you were able to convince me of that, it's not going to necessarily make me strive to some other ideological spectrum.

Fourth, why is it always cool when somebody with a lot of power uses their 'enlightened self interest' to promote themselves, but suddenly frowned on if say, I used my 'enlightened self interest' to band together with my peers to fight for a higher wage. Or to keep a game running that I liked and spend money on. Kinda the pot calling the kettle black a bit. Maybe my best tool in my arsenal is cooperation and teamwork with my peers. Like what we're doing here, with NCSoft. I know for sure that if this effort to save this game was left up to any one man, it would had died on arrival.

Proper capitalism hasn't been in place in my living memory.

'Proper' capitalism hasn't been in place in anybody's living memory, because I don't think any of us here can truthfully claim to had been around in the 1800's. 

It was closest when I was a small child in the 80s. Proper capitalism respects life, liberty, and property. Life is the property of those who bear it, and shall not be infringed unless they are using it to snuff out others'. Liberty is the freedom to choose to act as you will, so long as you do not use it to do violence or theft to another. Property is anything you produce through your own industry or obtain from another who gives it willingly. Generally, this is accomplished through trade, but it is within the rights of somebody to simply give away property and make it that of another (willing) recipient, as well.

Here you're mostly just trying to humanize unfeeling abstract concepts, and I'm not really buying it much. Capitalism isn't the smile of a baby, or the first tender kiss of two lovers on a warm spring morning. It's just an extremely complex social and mathematical system of processing resources. That's it. It's not your date, lover, best friend, mother, or son. It's a tool. If it needs to be tweaked, then do so. Capitalism doesn't 'respect' anything, because it's a tool. It can be used to motivate respect for human beings, and it can be used to screw them over, same with any laws or social constructs.

Secondly, property and rights are also human constructs that serve as a polite way to do business slightly less barbarically. They're in the same sort of boat as laws. Idealizing them and humanizing them like such makes you blind to their origins, uses and costs.

You might feel you should have the right to life. But that's a really flexible concept, even then, because then you go on to talk about some exceptions to the right of life, such as defending yourself. That's because your right to life is a pleasantry we as a society give to each other to make society better to live in. It would behoove you though to realize that said right is only backed up in the same way as everything else; through bribery, diplomacy or force, and only exists as long as enough people say it does and have the ability to uphold it.

You might feel you have right to property, but what entitles you to the Earth? You say that you should have the right to things you 'produce' with your own industry, but at what point where you entitled to the materials you 'produced' with? Or the land needed to have space to produce it with. At some point down the economic chain somebody is getting something for nothing. 

At some point you have people basically laying claim to things they don't own, telling everybody else that now I own this and you can't have it, then wanting compensation for use of resources that they just kind of said they own. Then smugly telling themselves they have a magical inherent 'right' to all this and the ability to reap everything sown on that land, to the point where people that didn't get to yell 'tag' on the whole of the earth, to make their daily bread, have to work that person's land because they have no other choice and no 'right' to anything that sustains their life.

That system is inherently flawed. You have a ruling caste that smugly tells everybody that they have a special 'right' to the proceeds of their work because they have a 'right' to do what they want with property. Knowing full well that their rights only exist as long as the community doesn't band together and lynch them.

But you know what? Again, I'm not interested in cleaving entirely to one system or another. If parts of capitalism work, if pretending that rights are important helps me get some of the things my own 'enlightened self interest' wants, if working to ensure some people who frankly are competition with me have a 'right' to property they claimed that nobody owned can still make all of us better off, I'm for it.

But I'm not for cleaving to this ideal even if it sinks me. My 'self interest' wouldn't allow it.

Swindling, theft, and deception-based "deals" meant to cost people more than they thought are all to be criminalized, as is extortion and violence (when the violence is not done in self-defense or defense of another). Basic rule for liberty: you can swing your fist however you want as long as you don't include my face in its path.

Yeah, but if you can swing your fist so hard it creates hurricanes, then you have more responsibility with your fists than previously thought, wouldn't you agree? If a man existed, as a thought experiment, that could swing his fist so hard that even if it didn't connect with your face, but created an air pressure difference strong enough that it could blow away an entire neighborhood, would you not have to amend your basic rule for liberty?

That's the state of the world, though, right now. And that's the state of the world as it always has been, and always will be. There are people who can 'swing' their 'fist' of money hard enough to damage those that they don't directly 'hit'. So once again a 'basic rule' or ideology that strives to solve all problems isn't something I want to cling too hard to.

You might think that people swinging their hurricane fists occurs in a victimless bubble, but reality rarely plays that out. Reality requires solutions that are more nuanced than "I'll do whatever I want and hope that my poisoning my portion of the river stays in my side of the river".

Nothing. Except, usually, the self-interest of the other. If you fear your partner is going to pull a stunt like this, you can include in your leasing contract clauses meant to prevent it, requiring adequate warning if the contract is not to be renewed or financial penalties to the one who leaves without giving adequate warning. But if you don't put those in, there's nothing that should be enforced by statute against it. You can't legislate morality; you can only teach it and hope that it will be learned. Failing that, you can only hope that social pressure will at least encourage it.

That's the thing though, putting your hands up and watching a murder and going "Can't legalize morality!" makes for a poor society quickly.

You misunderstand. The reason I, at least, am arguing is that I fear the well-intentioned sentiments of those talking about how the laws should be changed will lead to either preventing more MMOs from being created (out of fear of what the new laws will require) or, worse, lead to still more laws because "well, the auto industry/computer industry/whatever is not so different..."

Giving the code or an executable to the players for something they've paid for that they have no reason to keep secret due to it being buried is hardly an undue burden on an MMO creator. REALLY, NCSoft wouldn't have to had done anything but step back and not get in the way; Tony V's crew was well on its way to reverse engineering a lot of it anyways for the legal purposes of creating this webpage.

I ain't asking for NCSoft to do much in the way of work. Heck, most of us are willing to PAY EXTRA for this. There's a thread like every week of somebody being like "We should start a kickstarter for this!", even though there's nothing to buy yet.

Saying that a company should be 'free' to make a self destructing product only INVITES abuse, majorly. "We shouldn't burden them with the horrible task of making sure their ovens don't break down and leak poisonous gas! If we legislate that even less people will be willing to make ovens!".

When you craft laws, you give power to a third party. You are legalizing, ultimately, the use of violence to extort behavior. So you have to be very, very careful what laws you advocate, because every single law is an abridgement of a freedom. Yes, even good ones: the laws against theft abridge my freedom to simply walk into your house and take your computer for my personal use; the laws against battery and murder abridge my freedom to beat you up because I don't like what you're saying about capitalism.

That's true, but the thing is, the nature of power is that, if it exists to take, somebody will and already has. If I don't give this power to this 'third party' then I'm basically giving it to somebody else.

In this case I'm saying 'building a product that can self destruct at any moment no matter how much of my own obligations I meet' is one of those powers that I don't feel NCSoft has proven themselves worthy of wielding, in the same way that you're saying "Killing people I don't like isn't a power that I or you should wield".

The fact that I am a moral man who would not do these things does not change that I do not have the freedom, legally, to do them thanks to those laws.

Again I agree. I just don't have the faith in people that they're all moral enough people they don't need those laws. Does that make sense? Maybe if 100% of people were you and didn't murder, we wouldn't need such a law. But I don't feel we live in a reality where people can't harm each other, legally, right now, with money. So I'm against letting them do that willy-nilly.

In order, however, to optimize productivity, one must not remove the freedoms to perform productive behaviors. Because theft, extortion, violence, and murder are detrimental to productivity, optimal law discourages or prohibits them. But the kinds of laws that would arise from the sentiments I see here would hinder productive, honest people in the name of preventing "hardship."

Optimizing who's productivity? Ultimately you're gonna have to balance one person's productivity against another. Me having thousands of dollars vanish overnight from this game harmed my productivity. Should I only care about NCSoft's needs?

These actions, again, don't take place in a vacuum. NCSoft's actions didn't take place in a bubble dimension where they have no impact on others.

Why then should I only be concerned with their 'productivity'? Is that in my personal enlightened self interest?

It is up to us as private citizens and members of the business community (whether customers or otherwise) to police good and bad treatment and caretaking of customers and consumer products. We do this as customers by choosing where to spend our money, and as citizens by bringing awareness and scrutiny onto those who act poorly (in this case, NCSoft). As producers, we actively strive to come up with better models and test them by doing business under them, and getting our customers to spread the word about us and hopefully proving the superiority of our methods.

All else is destructive, and thus to be shunned.

That's all well and good when it works. But for every City of Heroes, there's a Tabula Rasa and Auto Assault where this happened and nothing came for it because the community that you're relying on to 'police' the world wasn't capable of it.

I didn't see NCSoft suffer a darn thing from that, aside from the litigation with Garriott, which only then happened because they forged his resignation letter.

So you're basically saying that social justice only matters in cases where it harms a well enough organized base? Does it only matter when it effects 'my' community but isn't a problem with it effects 'theirs'?

This is why I fully support the efforts to destroy NCSoft in a PR battle, to put pressure on them to act as we wish through the court of public opinion, and to find agencies who might take over the product in a fair and legal way if we can persuade NCSoft to cut their losses. We are their customers, and they have angered us. We are well within our rights to scream it to the world so that all know of NCSoft's bad treatment of its customers. That's the market at work. It is why I am against legal action, however; what they have done is bad behavior, socially and economically, and should be punished in those courts. It is not against the rigid laws of ownership, and we should not tamper with those in this fashion. Simply refuse to do business with those who use these ownership models if you truly find them untenable. Otherwise, go in knowing the risks you take.

You're basically betting on a world where good outcomes only happen basically once in a while. And increasingly so as movers and shakers like the RIAA counter your ability to complain about them. If NCSoft was big and powerful enough of a company, it wouldn't be probably too hard for them to put this forum underground and demolish its support. I don't particularly care for that.

Boycotts have been, historically unsuccessful throughout history. This is a rare case, a mixture of a large enough tight knit community and a weak enough corporate entity. And we're still, honestly, losing. I have hope, but I'll have to admit that hope is largely optimism.

We shouldn't have to boycott every time a company decides there's an acceptable amount of cyanide to put in their hamburgers. Such idiocy should be just straight up illegal.

Again, I'm not advocating for a blanket 'everything is illegal' law, like you seem to think I am.

PR fights to change the minds of those who choose what ownership models to use, and even opening your own company to try out your superior models of ownership, are good. Trying to do it through the courts and the legislative process is bad, because your ideas are untested and cannot be brought into competition with other models for testing if you enforce them as laws from on high. If, in testing, your ideas work, you will not need to impose them as laws; others will adopt them out of that "base greed" you despise, because it gets more customers and thus more profits. By not imposing them as laws, you leave room for still others to try out still newer things, and succeed or fail on their merits, and the successful ones will likewise be mimicked.

I'm sorry, but that sounds a lot like "We should stick our junk in a beehive to see if it works out or not". I think there are definitely some things that are stupid or wrong enough we don't have to 'test out' alternative to.

This is swarm intelligence at work, and it is the ONLY way societies have ever advanced. When autocratic law stifled such innovation, it nonetheless happened...just in what were called "black markets" and "forbidden research."

I think if we have to have a 'swarm' intelligence to tell us that letting somebody close up something that you've invested so much money into on a whim like this is bad for customers, then we are doomed as a species to stupid ourselves off the face of the planet.

Segev

  • Plan Z: Interim Producer
  • Elite Boss
  • *****
  • Posts: 2,573
Re: The right to play
« Reply #47 on: December 05, 2012, 09:55:41 PM »
I'm a big believer in teaching people to think for themselves.

Unfortunately, that's not going to happen anytime soon.

We're going to have to agree to disagree on this score.
We half agree, though: we both think people should think for themselves.

I just think that it will only fail to "happen anytime soon" if we continue to allow government to act as a parent to a populace of children. And that's what laws to protect people from the consequences of their lack-of-thinking-for-themselves do.

Pain is tragic but necessary to learning. A mother doesn't hold a child's hand on the hot stove to teach him not to touch it; she warns him that he'll burn himself. And some will listen and heed. But others won't...and they'll learn the hard way.

You don't establish rules that prevent the stove from being on; you give advice to the uninformed, warning them of the danger and letting them check into it and try to reason it out for themselves. (Obviously, the analogy is imperfect, as children are not yet to the think-for-themselves stage, but adults who have never learned to are in the same boat...)

And again, when you don't know, when you lack the test case, you can't be positive. You have a hypothosis! It's probably good. But others are not necessarily wrong to disagree with your hypothesis until it's been tested and proven. And this is why you can't make rules that are guaranteed not to cause more problems than they solve without first seeing what are the consequences of no rules at all (for that topic). Moreover, you're best served by allowing market forces to innovate new "rules" in terms of how they shape themselves because you'll get multiple test cases and find the one that works best, rather than imposing them from on high in a central manner and only testing one rule set at a time.

Sajaana

  • Boss
  • ****
  • Posts: 105
Re: The right to play
« Reply #48 on: December 05, 2012, 09:57:59 PM »
The base assumption, barring other evidence, should always be that the adult decision-makers are capable of rational decision-making if not denied access to needed information.

When it comes to City of Heroes, none of us on these boards is capable of rational decision-making.  Because the perfectly reasonable person wouldn't be so emotionally tied to it, like we are.

Osborn

  • Boss
  • ****
  • Posts: 188
Re: The right to play
« Reply #49 on: December 05, 2012, 09:59:04 PM »
Dear Zod, I never made that connection until you mentioned it, but you are absolutely right.

The current MMO model is indeed a type of cloud computing. So, what happens when one day Google, or Amazon, or someone else with cloud-services just up and decides to kill off the service?

Yeah, we definitely need to fight for some end-user rights that are far more comprehensive than what we have now.

I had made the argument that this is going to become a several fold problem for more than MMOs when somebody like say, Steam closes down, and will escape into the 'real world' as everything requires online authentication to 'combat theft'.

What happens when your fridge shuts off entirely because its anti-theft/targeted advertisement server shuts down, and it can't authenticate?

We half agree, though: we both think people should think for themselves.

I just think that it will only fail to "happen anytime soon" if we continue to allow government to act as a parent to a populace of children. And that's what laws to protect people from the consequences of their lack-of-thinking-for-themselves do.

I just happen to feel that you're transferring parental ownership of society from government to the rich, I guess, and calling to self interest.

When it comes to City of Heroes, none of us on these boards is capable of rational decision-making.  Because the perfectly reasonable person wouldn't be so emotionally tied to it, like we are.

Are you confusing 'reasonable' to 'dead emotionally and calculating like a robot'? A reasonable person has hobbies, and a reasonable person would be upset if their rights in said hobby was trashed on so hard. If this wasn't a video game, but say, Soccer, and somehow the World Cup institute was able to delete all the fields, balls and shoes from the universe in a day, I think you'd have quite a number of people angry.

If you want cold hard calculating reasons, then economically you should be upset that your rights as a customer amount to nothing.
« Last Edit: December 05, 2012, 10:04:26 PM by Osborn »

Electric-Knight

  • Elite Boss
  • *****
  • Posts: 297
  • E-K and Malfaz taking a break, drinking tea
    • www.pauldamonthomas.com
Re: The right to play
« Reply #50 on: December 05, 2012, 10:10:09 PM »
Segev, while I certainly do not entirely disagree with you, I find it a better place to be to recognize that I don't know for certain which is better, and I humbly suggest that you may be better served by such a mindset.
We can certainly pick a path and have faith in it, but I'm sensing a bit too strong of a belief in it.
And the history and proof of problems within that method that you're adhering to could be used against you. :D

I have a strong conflict within me about wanting people to think for themselves and being anti-bureaucratic entanglements and all that jazz vs. seeing greed run rampant and the suspected natural ramifications of that not coming to pass in a judicious and timely manner for those experiencing the storms.

Mainly, I am not convinced that enough people carry the responsibility to do things well.

Also, this is not a clear case of laws and regulations to force/restrict anything... so, much as potentially rules and agreements to prevent and/or mediate when certain things do occur.

Obviously, laws against murder do not prevent murder (not fully). They don't and can't actually take away your freedom to do such things. They punish you for having committed those acts.

Anyway... I still wonder about a restoration service of some sort. Almost like an insurance company - made of developers who will reverse-engineer the code and deliver some sort of accessible remnant of the previously existing game. As, I too, am leery about laws in this manner... other than some sort of way to broach the IP/trademark/copyright hurdles in my previous idea.


--
"Your reality, sir, is lies and balderdash and I'm delighted to say that I have no grasp of it whatsoever."
- Baron Munchausen

http://www.pauldamonthomas.com/

Osborn

  • Boss
  • ****
  • Posts: 188
Re: The right to play
« Reply #51 on: December 05, 2012, 10:13:38 PM »
Anyway... I still wonder about a restoration service of some sort. Almost like an insurance company - made of developers who will reverse-engineer the code and deliver some sort of accessible remnant of the previously existing game. As, I too, am leery about laws in this manner... other than some sort of way to broach the IP/trademark/copyright hurdles in my previous idea.

Such a thing doesn't even really need to happen. At least not on any company dime. The internet is genius for getting stuff like this to happen on its own. All we'd need it for NCSoft to release some data and sit back and let us do the work. Heck, we'd even offer to pay them for the ability to. Just not 80 million dollars.

All we'd mostly need really is for them to back up and get out of our way.

dwturducken

  • Elite Boss
  • *****
  • Posts: 2,152
  • Now available in stereo
Re: The right to play
« Reply #52 on: December 05, 2012, 10:16:56 PM »
OK, we're getting political, which, while healthy, is distracting. I will say only this on the topic: We are drifting into EFF-level debate, here, and that probably deserves its own thread under "General Discussion." Most of you are making valid points, and some of you are being silly. Some of you make me wonder if you aren't taking an opposing viewpoint simply for the sake of a decent debate, which, so far, it is. No harm, no foul.

It might be more constructive for a discussion like this to have its own "room." Think of it like a group of Doctor Who fans getting the ST:TNG cast to weigh in on some aspect of Doctor Who. Would it be an awesome discussion? Of course! Is it what 90% of the people in the room are there for? No. They have questions of their own that are pertinent to TNG.

Do I have opinions on this? Absolutely. I'd love to join the debate. You're touching on things that I've been wondering about and thinking about for a while. I just think it has gone to a point where it's not really about Save Paragon, anymore, and is branching into broader areas that deserve their own space.

[/soapbox]
I wouldn't use the word "replace," but there's no word for "take over for you and make everything better almost immediately," so we just say "replace."

Little Green Frog

  • Boss
  • ****
  • Posts: 246
  • @Little Green Frog
Re: The right to play
« Reply #53 on: December 05, 2012, 10:32:18 PM »
I feel the whole idea of using legal tools to combat situations like the one City of Heroes finds itself in has been blown out of proportion. No one, at least initially, proposed a regulation at the government level. That would be excessive. What I would like to see, however, is a lawsuit against a platform owner that carelessly decided to simply dismantle the platform while its users were counting on its continued existence. That would add a stick to the carrot for companies that are considering cloud based business. Sometimes you are simply not in the mood for the carrot anymore, but a stick in a form of a nice precedent will keep you from doing something silly. Like dropping a game with a loyal fanbase due to some office politics related struggle, which is what I believe really  happened to CoH.

Minotaur

  • Elite Boss
  • *****
  • Posts: 612
Re: The right to play
« Reply #54 on: December 05, 2012, 10:33:06 PM »
The funny thing about this is that it's essentially been tried and proven that it only takes one Paragon employee to keep COH running in maintenance mode. Surely enough COH players would have stuck around and kept paying to cover one guy's salary and at least keep the game alive, albeit without any content updates. Shrug.
Except that as soon as somebody finds the next exploit or something breaks, there'd be no way of fixing it. You'd have to have more than one person available.

Electric-Knight

  • Elite Boss
  • *****
  • Posts: 297
  • E-K and Malfaz taking a break, drinking tea
    • www.pauldamonthomas.com
Re: The right to play
« Reply #55 on: December 05, 2012, 10:35:36 PM »
Such a thing doesn't even really need to happen. At least not on any company dime. The internet is genius for getting stuff like this to happen on its own. All we'd need it for NCSoft to release some data and sit back and let us do the work. Heck, we'd even offer to pay them for the ability to. Just not 80 million dollars.

All we'd mostly need really is for them to back up and get out of our way.
Indeed, but that requires them complying and/or there being no legal obstacles in the way of users achieving that.
--
"Your reality, sir, is lies and balderdash and I'm delighted to say that I have no grasp of it whatsoever."
- Baron Munchausen

http://www.pauldamonthomas.com/

Osborn

  • Boss
  • ****
  • Posts: 188
Re: The right to play
« Reply #56 on: December 05, 2012, 10:51:08 PM »
OK, we're getting political, which, while healthy, is distracting. I will say only this on the topic: We are drifting into EFF-level debate, here, and that probably deserves its own thread under "General Discussion." Most of you are making valid points, and some of you are being silly. Some of you make me wonder if you aren't taking an opposing viewpoint simply for the sake of a decent debate, which, so far, it is. No harm, no foul.

It might be more constructive for a discussion like this to have its own "room." Think of it like a group of Doctor Who fans getting the ST:TNG cast to weigh in on some aspect of Doctor Who. Would it be an awesome discussion? Of course! Is it what 90% of the people in the room are there for? No. They have questions of their own that are pertinent to TNG.

Do I have opinions on this? Absolutely. I'd love to join the debate. You're touching on things that I've been wondering about and thinking about for a while. I just think it has gone to a point where it's not really about Save Paragon, anymore, and is branching into broader areas that deserve their own space.

[/soapbox]

Noted, then I apologize for my contribution to this, and I'll probably not reply anymore to this topic to further aggrieving this problem.

I'm sorry if my responses have broken any rules or offended anybody.

Pinnacle Blue

  • Boss
  • ****
  • Posts: 130
  • Pinnacle Server is best server.
Re: The right to play
« Reply #57 on: December 05, 2012, 10:55:01 PM »
You have all articulated this very well.

If I were to make a real world analogy here...

Imagine if you were to buy a condo in a little resort.  It's a quirky place, and happens to, by and large, attract the same sort of people as you.  First a few of you come together, then you all start to form community groups, and the next thing you know, you have a city that bumbles along with some clashes, but mostly getting along GREAT.

Then the resort comes to you and says "We're bulldozing.  The Hyatt offered us ten times for the land."

You say--"WTF???  I BOUGHT this!  I've been paying my condo fees all this time!"

The resort says "Read the fine print.  You only bought the rights to live in the condo until we kicked you out.  Too bad, so sad, buhbye." 

It's not an exact analogy, but it's close.  And I seriously think that for an MMORPG we should have the right to find someone with a spare server and run it until the last person leaves.

An even better analogy would be for them to say, "We're bulldozing.  There's no real good reason for this; we simply choose to bulldoze."

Surely we have to have SOME kind of legal rights.  We bought the game expecting that, barring NCSoft closing or it not making money, it would continue to exist.  They sold us a new powerset nine days before they announced they would close it.  Before that, new content was on the horizon, and we had every right to expect that it would be delivered, as the parent company was not (and still isn't, unfortunately) in financial trouble.  And they closed it for no real good reason-- it was costing them nothing that wasn't being recovered. 

They have cheated us, plain and simple.

I just find it hard to believe that we have absolutely no legal recourse in what appears to me to be a clear-cut case of fraud.  Has anyone here actually spoken with a lawyer about this?  Is the EULA ironclad?
Warshades don't take Alphas.  They give Alphas.

Little Green Frog

  • Boss
  • ****
  • Posts: 246
  • @Little Green Frog
Re: The right to play
« Reply #58 on: December 05, 2012, 11:02:40 PM »
Is the EULA ironclad?

EULAs have in fact been successfully challenged in the past.

Pinnacle Blue

  • Boss
  • ****
  • Posts: 130
  • Pinnacle Server is best server.
Re: The right to play
« Reply #59 on: December 05, 2012, 11:24:42 PM »
EULAs have in fact been successfully challenged in the past.

Well hell-- we should probably get on this.  A class-action lawsuit would be a nice big headache for NCSoft, which is reason enough for me to do it.  Of course, this could backfire-- it could make them want to sell the game, but be unable to find a  buyer because of the possible attendant liability.  I don't know how this would work, though, because IANAL.
Warshades don't take Alphas.  They give Alphas.