Video Games facing Supreme Court review

The US Supreme Court will hear an appeal about a law restricting video game sales.

Two weeks ago, the United States Supreme Court announced that it would hear an appeal of the California ban on sales of certain “violent” video games to anyone under 18 years of age.

This case is very likely to turn on a decision about First Amendment protections of free speech.  On the one hand, this is a good thing, given that none of these types of laws has ever been upheld as Constitutional.  (At last check, video game and First Amendment advocates were 13-0 against overzealous legislators.)  Additionally, this Court recently held that it is perfectly legal to profit from video sales of animal snuff films (US v. Stevens, 08-769).

The scary part, however, is that this is also a Court that does not really understand current technology, as demonstrated in the questioning (on the same day) during City of Ontario v. Quon, when some of the Justices asked basic information about how text pagers work.  Further, recent Courts (with the same core Justices) have not been reluctant to modify the law of the land based on politics rather than law.

It is a crap shoot and we will have to wait until October for the case (Schwarzenegger, Governor of California v. Entertainment Merchants Association, 08-1448) to be heard, and probably even longer before a decision is announced.

In a recent opinion piece, The New York Times agrees that the law is unconstitutional, concluding that, “The Constitution, however, does not require speech to be ideal for it to be protected.”  Bingo!

Click on the banner below to join a free organization that informs citizens of these kinds of threats to free speech, and specifically to video games being treated differently from other forms of expressive media and entertainment, including films, books, and music.

If you are not easily offended, see this related piece of satire from the Onion. [warning: NSFW!]

Poll: Almost nobody disagrees with not regulating video games.

Earlier this month, U.S. News & World Report posted an opinion poll [still open for votes as of this writing] on its web site, using the misleading title, Violent Video Games: Should Kids Be Able to Buy Them? Of course, the poll question is “Should Kids Not Be Sold Violent Video Games?” which elicits an opposite response from the poll title.

Whether by a deliberate and hamfisted attempt to manipulate the results, or just utter incompetence, the confusing wording opens the results up to interpretation.  More than 70% answered the question correctly, and I estimate that 90% of the other respondents misread the question (missing the “Not” or simply answering the headline), so I place lamina in buccinator and conclude that more than 97% of the public oppose video game regulation.

Take that!  (I can be just as unscientific as the “mainstream” press.)

Most Popular Solitaire is #1!

One of our solitaire games tops the Apple Downloads charts.

As I mentioned in a previous post, Apple had stopped updating the pages on its Apple Downloads site back in March, so Most Popular Solitaire, our solitaire title with 30 of the most popular games, was reliably in the top 15 on the (dynamic) ‘Top Downloads’ list on the left of each page but was not listed at all on the ‘Most Popular’ pages in the ‘Games’ category.  (As of this posting, Most Popular Solitaire 2.02 is #11 of all Apple downloads, including Apple’s own products.)

This morning, though, Apple finally updated the pages and Most Popular Solitaire is at the very top of all game downloads, listed as #1 on both the Games: Most popular and Cards & Puzzle: Most popular pages.  Sure, this position is likely to be fleeting, especially now that new submissions are being posted again, but it feels good for the moment.  Of course, some of those new submissions will be from Goodsol Development, so we will be looking to match this success and get more of our games to the top.

Thanks to Apple for finally getting this fixed.

More than Just a Name

Most Popular Solitaire is the most popular solitaire game for Mac OS X.

The Good News over the last few weeks has been that our solitaire title, Most Popular Solitaire, featuring 30 favorite solitaire games, has proven to be the most downloaded solitaire game at Apple Downloads.  Ever since the latest update, Most Popular Solitaire 2.02 has been receiving amazing numbers of downloads, even eclipsing the Windows version of Pretty Good Solitaire.

Most Popular Solitaire appears on the ‘Top Downloads‘ list on the left side of every Apple Downloads page, and has consistently done so since shortly after its release.  Charting as high as #7 and only dropping off for a single day.  (As of this writing, MPS is ranked at #12.)  Note that this is for all downloads from Apple’s site, including such packages as iTunes, Safari, and Mozilla Firefox.  At times, our solitaire game has been ranked higher than QuickTime, and no other solitaire game has appeared on the list.  In fact, we have regularly had the most download game (period).

Now comes the Bad News.  Whether it is due to some oversight in the midst of the iPad excitement, or related to the recent change to remove the ‘Downloads’ link from the main Apple page (in favor of “iPad”), or just a run-of-the-mill screw-up, the ‘Most popular’ pages for each category are not being updated, and this problem has lasted for three weeks now, which means that these pages show the top downloads from just before our game update was released.  It is clear that Most Popular Solitaire should be ranked #1 on the Cards & Puzzle: Most popular page, and probably no lower than #2 on the Games: Most popular page.

Now we still have the problem that traffic is falling off due to the lack of updates, and assuming that the problem will be fixed (hopefully soon), there will probably be a frenzy of product submissions, especially with those already in the pipeline, and our products could become lost in the noise.  Since Apple Downloads is a very important distribution point for Mac OS X titles, this issue is already impacting our marketing.

Despite this inconvenience, development for this platform is continuing apace, and there should be an official announcement about Pretty Good MahJongg Mac Edition in the very near future, as well as one for a related platform, hinted at the end of the most recent post at A Shareware Life.

In any event, I am currently enjoying an absolutely beautiful day, with summer temperatures, bright sunshine, and the stress-free knowledge that all of our business and personal taxes have long since been filed.  Happy Tax Day!

I Got Mine

The Apple iPad arrives, right on time.

At 11:14 this morning [Saturday, April 3, 2010], our Apple iPad was delivered to our office door.

This is the first piece of hardware that I can recall ever pre-ordering, and I actually placed the order within the first minute that it was possible.  Since the iPad was announced, I have read lots of skepticism about its value and usefulness, and I am resistant to hype.  (In fact, I often avoid things that are probably quite good simply because of the hype attached; for example, I have thus far refused to see Avatar.)  With the iPad, though, I could immediately comprehend its potential, especially for games and particularly for the kind of games that I enjoy creating and playing.

While awaiting a delivery, whether it be books, music, or hardware, I tend to almost obsessively check the package tracking.  In the case of this highly anticipated product release (witness the latest episode of Modern Family), I was apparently not alone.  Despite several different rumors to explain the odd tracking data from UPS, many of which ended with a conclusion about shipments being delayed, the actual explanation is likely to be much simpler.  My guess:  Because there were 200,000 units being shipped from China, they were originally packaged in huge lots destined for each distribution point (in our case, Louisville, Kentucky) and not scanned individually until they arrived there.  (I seriously doubt my iPad flew nonstop from Guangzhou to the Bluegrass State.)

Interestingly, I happened to be awake at around 5:33am, having just watched an exciting (and wet) Formula One qualifying session live from Kuala Lumpur, Malaysia.  The wind was apparently coming from the right direction, and I heard the airplane carrying my shipment fly almost directly overhead.  The “arrival scan” was 22 minutes later, though it actually took two more trucks, and a couple more scans, before it arrived here.  (The iPad Dock is still in transit, via a different carrier with distribution in a different, albeit neighboring, state.)

Anyway, there will certainly be a proper review in the future, but right now I feel that it is time to get started playing around with our latest software platform.

The most surprising aspect so far was that Apple had UPS require identification in order to receive delivery of the iPad package.  The only “problem” so far is that I did not get to use my alternative title, “iSad” (had it not arrived).

Vote for Us

One of our titles is nominated for an Epsilon Award.

Epsilon Award

This year, Most Popular Solitaire 2.0, has been nominated for an Epsilon Award, the software award associated with the European Software Conference, which takes place November 7-8, 2009, in Berlin (Germany, in case anybody is confused about that).

Unlike other software awards, there are no categories here; only one award is presented each year.  This year (again) there are 25 nominees, and our product is the only game title nominated.  Accordingly, we would appreciate your vote.

Today is the last day of voting, so please vote (for us).

On the voting page, you will find the following description:

Most Popular Solitaire 2.0 by Goodsol Development, Inc. Most Popular Solitaire is a collection of only the 30 best and most popular solitaire games (selected from a collection of hundred of different varieties). There are versions for both Windows and Mac OS X, with combined high score charts and interchangeable save games. Its great popularity in Windows is even surpassed on the Mac, where it has been in the Top 20 at the Apple Store since its release. http://www.moposol.com/ Gregg Seelhoff

Voting is basically open to anybody and everybody (i.e., the “public”), so if you are reading this, you probably qualify.  To vote, simply go to this page, click on the (above) graphic with “[VOTE]” superimposed, and follow the instructions.

(Note that I would have included a ‘Nominated for the Epsilon Award’ image here, too, except that they are only available for 2006-2008, and those are really, really ugly.)

Thanks!

Windows 7 Escapes

Microsoft releases its latest operating system.

Last week, Microsoft published Windows 7, the successor to Vista, to some fanfare.  The reviews have been fairly positive, perhaps because Vista softened the audience, but it seems that the sales tag line should be “Windows 7: what Vista should have been.

We tested the new operating system, in a couple of virtual machines, by running Sun VirtualBox virtualization software.  My first impression was that this was a great productVirtualBox, I mean.  Although I have not yet delved into the advanced features, it did exactly what we needed with a minimum of fuss and bother.  We were able to test both Windows 7 x86 (32-bit) and Windows 7 x64 (64-bit) on the same 32-bit Vista host system without serious problems.  In fact, the only problem we experienced was an inability to find a 64-bit sound driver through Windows Update (so our x64 VM did not have sound).

Back to the operating system, we found it to be perfectly adequate.  It performed as expected and was easy to use (for somebody already used to Vista, anyway).  There is nothing particularly revolutionary, but (as with the update from Windows 98 to Windows 98se) everything seems to be more polished, with a few minor features added.  The big change, really, is that the 64-bit version is becoming mainstream (whereas the 64-bit support for the previous versions was not quite ready for prime time).  It is for this reason that I am likely to upgrade my development system to Windows 7 x64 in the near future.

Some of the changes include the ability to “pin” an icon to the task bar (replacing the Quick Launch toolbar), and a new management feature for task bar (a.k.a., tray) icons, allowing the user to control when these icons are displayed or hidden.  In order to encourage users to make use of this feature, Microsoft kindly made their own icons here very ugly, so the first customization item is to get rid of them.  (This will also facilitate ignoring the loads of useless preinstalled junk that comes on some new computers.)

As far as developers are concerned, nothing much has changed.  As long as your software is Vista-compliant, it will probably run unmodified under Windows 7. All of our recent product releases worked just fine; the only items noted were the (now) missing Quick Launch toolbar and the task bar icon disappearing (i.e., being hidden) after its first appearance.  The only significant caveat, though, is that 16-bit applications (those built for Windows 3.1) will not run (directly) in Windows 7 x64.

Of course, I do have a couple of recommendations for Microsoft to consider in the future.  First, they should probably do a better job of considering the symbolism they (perhaps, inadvertently) put forward.  The default wallpaper for the beta and release candidate versions of Windows 7 was a male Siamese Fighting Fish, also known as a betta.  (“Get it?”)  The latter name may be punny, but the fact that these fish (at least at the pet store) have to have separate enclosures because they are nasty and do not play nicely with the other fish suggests that Win7 is intended to be likewise.

Also, perhaps underlining the above weakness in Microsoft’s overhyped marketing capabilities, I will point out that they had great successes with Windows 3.0 and Windows 3.1 (standard version numbering), as well as Windows 95, Windows 98, and Windows 2000 (release year numbering), moderate successes with Windows 286/386 (hardware support), Windows NT, and Windows XP (opaque version lettering), but commercial failures with Windows Me, Windows Vista, and even Windows (1.0, initial release) itself.  I suggest that Microsoft stop trying to “evoke” some greater vision and stick to practical version identification.

Finally, I note that the “Starting Windows” screen of Windows 7 is the best feature of the product, nearly perfect for its purpose.  It is too bad that the same design was not carried through to the system icons, which really are a step backwards in aesthetic terms.

Duke Nukem For Never

Surprise (NOT)!

As you have probably heard or read, 3D Realms, the developer of (the aptly named) Duke Nukem Forever, has gone out of business. The company website now features a big “Goodbye” message on the front page. The story was reported even in the mainstream media, including this BBC News article.

The release date for DNF has always been “When it’s done.” This scheduling choice seems to put a product on a slow train to vaporware, and I posted about it being way past expiration three years ago: A Long Time Coming. I could rehash the history, but game industry news site Shacknews has posted an updated article (originally from 2007), The Brief Long History of DNF: Post-3D Realms Edition, detailing a dozen years of unfulfilled promises and hype.

So, now Duke Nukem Forever is finally toast, all of the developers have been laid off, the company is gone, and the product is going to remain unpublished. The saga ends here, right?

Not so fast.

Next comes word that Take Two Interactive, who in 2000 (perhaps unwisely) purchased the publishing rights to this title (from another publisher) for $12 million, and reportedly (probably unwisely) renewed this agreement with 3D Realms in 2007, is now suing for breach of contract. Of course, they (definitely unwisely) never provided any development funding for the title, so there is not much left there to get…

… except the source code. Take Two immediately filed for an injunction to get a copy of the source code “to ensure the code is preserved and remains unharmed” while it prosecutes its lawsuit, as shown in this article about the release of the court documents.

Now it is revealed in this Gamasutra article that “3D Realms has not closed and is not closing” after all. They merely fired (sorry, “let go”) the entire Duke Nukem Forever development team due to lack of funding. Still, they (i.e., unnamed 3D Realms representatives) “believe Take-Two’s lawsuit is without merit and merely a bully tactic“. Really? Interesting.

Here is what we know:

  1. Company management did not do what it would take to ship this game.
  2. The development team did not do what it would take to ship this game.
  3. The publisher did not provide what it would take to ship this game.
  4. Incompetence reigns in this matter, and there is plenty of blame to go around.
  5. It will probably be another year before this matter is finally settled.

This whole story is a case study in poor choices and a wholesale failure of anybody involved to recognize and acknowledge the [situation] this has become. Trains wrecks are fascinating, though.

Always Bet On Duke.” – I don’t think so.

Video Games are (still) Protected Speech

The ruling in a pivotal California case is upheld.

This week, the U.S. Court of Appeals for the Ninth Circuit announced its ruling in Video Software Dealers Association vs. Schwarzenegger, confirming, unanimously (3-0), the decision of the lower court that two 2005 California laws were “an unconstitutional violation of the First Amendment’s guarantee of freedom of speech.” They were also found to violate the Equal Protection Clause of the Fourteenth Amendment.

The laws, California Assembly Bills 1792 & 1793, would have categorized ultra-violent video games (by a broad definition) as “harmful matter”, making their sale to minors illegal, and would have required games rated ‘M’ by the ESRB (Entertainment Software Rating Board) to be placed in a separate section and require signage to explain the prohibition in stores where such games were sold.

The bills were championed by Assemblyman Leland Yee, who is a perennial windmill-tilter when it comes to this issue. Not surprisingly, he claimed that the decision was wrong and called for it to be taken to the U.S. Supreme Court, despite the fact that California taxpayers have already been forced to pay $282,794 in attorney fees for the original go-round, and of 13 times this has been tried (in various US jurisdictions), the courts have never ruled that any of these bills was Constitutional.

You can download the entire ruling here [PDF, 570K, 30 pages] (courtesy of Video Game Voters Network).

Video Games 13, legislators 0. (Are we bored yet?)

Jason Della Rocca steps down

The Executive Director of the IGDA resigns.

This week, the International Game Developers Association (IGDA) announced that Jason Della Rocca, its long time Executive Director, will be stepping down effective March 31. This will be just after the conclusion of the 2009 Game Developers Conference (GDC) this year.

Under Jason’s leadership over eight and a half years, the IGDA has grown massively (2900%), from 500 to 15000 members. More importantly, and understandably omitted from the press release, he took the organization from a fairly directionless group of early game developers (of which I was one) to an association that actually has significant relevance within the game industry.

You can read about Jason’s reasons for departing in this post on his personal blog. (There are lots of comments there, too, as well as at this Gamasutra article.)

I had the opportunity to work with Jason Della Rocca back in 2005 when the State of Michigan proposed legislation restricting game sales in the state, and I testified before a Senate committee, on behalf of the Detroit IGDA chapter. I saw Jason’s passion first hand, and his (and the organization’s) guidance and assistance was especially helpful. (Nevertheless, the legislation passed anyway, but then it was ruled unconstitutional, as expected, and ultimately cost Michigan an extra $182349 in restitution for industry legal fees. They should have listened to us.)

Good luck in your new endeavors, Jason!

RIP: Majel Barrett

The voice of the Star Trek computer passes away.

Yesterday, Majel Barrett, wife of Star Trek creator Gene Roddenberry, died at the age of 76 after a battle with leukemia. For those unaware of her career, she played the recurring roles of Nurse Chapel on the original Star Trek series (TOS) and Lwaxana Troi in Star Trek: The Next Generation (TNG). She was also the voice of the computer on the Enterprise in ST:TNG, which is my connection to her (though we never met).

I share credits with Majel Barrett on Star Trek: The Next Generation, “A Final Unity”. I was the lead programmer for the project, and after we made the (risky, at the time) decision to ship only on CD-ROM, it was decided that the game should feature voice acting from all of the stars of the series. Unfortunately, the management at Spectrum HoloByte only counted seven actors in this group, failing to consider the voice of the computer, for which they were going to use a generic voice actress. I suspected that fans would notice the different voice, but after my wife pointed out that they would also notice the absence of Majel Barrett (or Barrett-Roddenberry) in the game credits, I went and argued the point, successfully. The computer in our game found its proper voice.

It may be interesting to see where the Star Trek universe goes from here.

For more details (and pictures), see these articles from the New York Daily News and NBC Los Angeles.

In other news, Deep Throat, the key informant in the Watergate scandal, also died yesterday, perhaps having lived long enough to see something he may have never expected in his lifetime.

To end on a positive note, A Christmas Carol, by Charles Dickens, was published 165 year ago today. I celebrated by watching the TNT version, starring Patrick Stewart, who played Captain Picard on ST:TNG, including in the aforementioned game.

And Tiny Tim, “who did NOT die,” lives on to this day…