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The original article completely misrepresents the initiative:
Stop Killing Games is not trying to force companies to provide private servers or anything like that, but leave the game in a playable state after shutting off servers. This can mean:
Of course, releasing server code is an option.
The expectation is:
That didn't restrict design decisions, it just places a requirement when the game is discontinued. If companies know this going in, they can plan ahead for their exit, just like we expect for mining companies (they're expected to fill in holes and make it look nice once they're done).
I argue Stop Killing Games doesn't go far enough, and if it's pissing off the games industry as well, then that means it strikes a good balance.
And "would leave rights holders liable" is completely false, no game would have offline modes if it did
Exactly, and that also includes online games like Minecraft. Nobody is going to sue Microsoft because of what someone said or did in a private Minecraft server, though they might if it's a Microsoft hosted one.
The argument there is if a game is left online with no studio to care for it then they believe they would be liable for community content.
I don't think it applies to offline games at all.
If server code is released such that people can run private servers after the official servers are shut down, then legally the people running the servers should be the ones liable for illegal activity that happens on them.
I could imagine third-party companies springing up whose entire business model is JUST providing unofficial servers for discontinued games and moderating them. Maybe a subscription service that provides access to servers for several different online service games.
Of course, it would be more likely that it would be just a player who hosts a server for themselves and their friends and doesn't attempt to be profitable. That would be fine too.
That kind of already exists, you can buy hosting for Minecraft and other games. AFAIK, moderation isn't a part of it, but many private groups exist that run public servers and manage their own moderation. It exists already, and that should absolutely be brought up as a bill is being considered.
We have had that exact model for decades. Hosting companies use to and probably still offer rack space for arena shooters. The main company managed the master server, which was just a listing of IP addresses, but there were only ever a few official game servers with defaults loaded.
Minecraft has private servers (at least on Minecraft java) as well as their own server platform "Realms", also every client is also a server. Though the authentication system is a Microsoft account so that's likely to still be online well into the future
Yup, I run a Minecraft server at home, and it's great. I'd love for more games to do the same.
Only applicable if they run the servers themselves, not if they let others run their own servers.
I understood that from a IP and trademark stand point. It could be hard to retain your copyright or trademark if you are no longer controlling a product
They retain copyright based on existing law, and trademark is irrelevant since it's defended in courts, not EULAs.
No, copyright isn't relinquished from any of that (not even any effect on damages if you still require players to have bought the game to use the private servers), and trademarks wouldn't be affected at all if you simply require that 3rd party servers are marked as unofficial
Another part of it is that if they discontinue support, they can’t stop the community from creating their own server software.
There are so many ways to approach this. The point is ensuring consumers retain the right to keep using what they purchased, even if they have to support it themselves.
Sort of. They need to have the tools as well. So I suppose they could release the APIs for their servers before shutting down their servers so community servers can be created, that would probably be sufficient. But they need to do something beyond just saying, "we won't sue you if you reverse engineer it."
I don't think this is what they mean. They say that of they provide the tools for users to deploy the servers, bad things can happen. So I think they understood SKG, they just lie about the consequences for gamers
If that's their argument, then the counterargument is simple: preserve the game another way. If hosting servers is dangerous, put the server code into the client and allow multiplayer w/ P2P tech, as had been done since the 90s (e.g. StarCraft).
What they seem to be doing is reframing the problem as requiring users to host servers, and arguing the various legal issues related to that. SKG just needs to clarify that there are multiple options here, and since devs know about the law at the start (SKG isn't retroactive), studios can plan ahead.
It's just a disingenuous argument trying to reframe the problem into cyber security and IP contexts, while neither has been an issue for other games in the past.
Yeah, I agree. We have been hosting servers at friend houses with consumer (mostly our own gaming PCs) forever.
The risk involved exists, but it's far from the threat they make it be.
Yeah... The abstract (sorry, will read article a bit later) is bunch of nonsense to me (in respect to what is written, no offense to you):
online experience commercially viable? The fuck they are talking about? Yeah, I know what is meant, but they would get fucking F in school for expressing thoughts in such a nonsensical way
protections against illegal content would not exist on private servers? Really? Like only your company's servers can run that? What, you write them in machine code directly? Or is it all done manually? Anyhow, just release source code and it will be up to community to find a way to make it run
I basically quoted the whole thing, the last bit wasn't really relevant. And yeah, it's pretty much just BS.