Register a SA Forums Account here!
JOINING THE SA FORUMS WILL REMOVE THIS BIG AD, THE ANNOYING UNDERLINED ADS, AND STUPID INTERSTITIAL ADS!!!

You can: log in, read the tech support FAQ, or request your lost password. This dumb message (and those ads) will appear on every screen until you register! Get rid of this crap by registering your own SA Forums Account and joining roughly 150,000 Goons, for the one-time price of $9.95! We charge money because it costs us money per month for bills, and since we don't believe in showing ads to our users, we try to make the money back through forum registrations.
 
  • Post
  • Reply
Fajita Queen
Jun 21, 2012

Bucnasti posted:

Didn't the Maori's win a big settlement from Lego for using a bunch of their mythology and culture in the Bionicle line?

Like the story I heard was that the Maori IP'd up their own culture and then Lego came along and stole it all so the Maori took them to court and won.

That is pretty much exactly what happened. I believe that was the primary reason LEGO completely stopped Bionicle despite it being one of the most popular products they've ever made, and certainly the most popular that wasn't a third party tie-in like LEGO Star Wars etc.

Adbot
ADBOT LOVES YOU

leper khan
Dec 28, 2010
Honest to god thinks Half Life 2 is a bad game. But at least he likes Monster Hunter.
Can't you not protect things that are older than the telephone?

Fruits of the sea
Dec 1, 2010

I think Maori folks would take offense at the insinuation that they are extinct

Endorph
Jul 22, 2009

Bucnasti posted:

Didn't the Maori's win a big settlement from Lego for using a bunch of their mythology and culture in the Bionicle line?

Like the story I heard was that the Maori IP'd up their own culture and then Lego came along and stole it all so the Maori took them to court and won.
the thing is bionicle was using a bunch of words, ideas, etc, instead of just loosely inspired clothing

MarcusSA
Sep 23, 2007

So the Maori are Nintendo but for cultural appropriation instead of video games?

It seems like they found a way to incorporate their culture.

MikeJF
Dec 20, 2003




I don't believe there was actually a lawsuit between Lego and the Maori Tribes, there was a threat of a lawsuit but they came to an agreement that Lego would stop using Polynesian names in future before it ever went to court, and the words in question were changed for future releases to just vaguely Polynesian-sounding words instead of actual preexisting names.

MikeJF fucked around with this message at 05:09 on Feb 18, 2023

leper khan
Dec 28, 2010
Honest to god thinks Half Life 2 is a bad game. But at least he likes Monster Hunter.

Fruits of the sea posted:

I think Maori folks would take offense at the insinuation that they are extinct

I think the Maori would need to concede that world myths are in the public domain.

If you wanted to make a game where various gods of various world religions and cultures Deathmatch each other at the whims of high schoolers, you can play that today in shin megami tensei.

MarcusSA
Sep 23, 2007

So you can copyright a culture?

leper khan
Dec 28, 2010
Honest to god thinks Half Life 2 is a bad game. But at least he likes Monster Hunter.

MarcusSA posted:

So you can copyright a culture?

Quite literally the opposite.

MarcusSA
Sep 23, 2007

leper khan posted:

Quite literally the opposite.

Well it seems like they did?

RPATDO_LAMD
Mar 22, 2013

🐘🪠🍆
Please scroll 4 posts up.
They settled out of court, the legal system was never even involved and there was certainly no court decision on copyright law.

leper khan
Dec 28, 2010
Honest to god thinks Half Life 2 is a bad game. But at least he likes Monster Hunter.

MarcusSA posted:

Well it seems like they did?

Nope. They voiced displeasure and Lego vowed to stop using the material because of the negative press and the wishes of the relevant culture. I don't believe they had a legal obligation to do so.

MarcusSA
Sep 23, 2007

RPATDO_LAMD posted:

Please scroll 4 posts up.
They settled out of court, the legal system was never even involved and there was certainly no court decision on copyright law.

Yes I saw those posts but that’s goon telephone because they clearly say,

quote:

Our cultural property rights are not theoretical. They are protected and protectable under intellectual property laws, which are generally harmonised throughout the world.

They obviously believe it’s protected.

Arivia
Mar 17, 2011

MarcusSA posted:

Yes I saw those posts but that’s goon telephone because they clearly say,

They obviously believe it’s protected.

You're going back to the original link about the Sami. The people talking about Bionicles are talking about an issue involving the Maori, a different indigenous group. Sami people are in Scandinavia. The Maori are most prominent in New Zealand. Different people, different cultures, different parts of the conversation.

ninjewtsu
Oct 9, 2012

So can you or can you not copyright a culture

lih
May 15, 2013

Just a friendly reminder of what it looks like.

We'll do punctuation later.

Tism the Dragon Tickler posted:

That is pretty much exactly what happened. I believe that was the primary reason LEGO completely stopped Bionicle despite it being one of the most popular products they've ever made, and certainly the most popular that wasn't a third party tie-in like LEGO Star Wars etc.

it was cancelled simply because sales had been declining. the issues with the use of the maori language happened in bionicle's first year (2001) and it wasn't cancelled until 2010.

if you look at articles from the time, there was a legal threats, though they seemed to be particularly concerned with the idea that lego was trying to trademark maori words (it wasn't) and the use of 'tohunga' as the name for the villagers, as that's a title that can have spiritual meaning. the controversy also seemingly first arose in relation to a bionicle video game.

https://www.theguardian.com/media/2001/may/31/marketingandpr.internationalnews
http://news.bbc.co.uk/2/hi/asia-pacific/1362435.stm

the lawyer who sent the letter to lego discussed it a little here more recently: https://padandpixel.com/myth-maori-and-a-brain-tumor-the-bionicle-saga/ - basically lego told them 'well, you can't legally stop us using these words' (but also remember they weren't actually trying to trademark them like the maori feared), then he wrote back to say 'i'd hoped you'd have more of a social conscience than that' and they had some meetings and lego agreed to stop using 'tohunga' and a few other words, but came to an agreement to keep using the other words (mostly just things like the character with ice powers being named after the maori word for ice). i'm not exactly sure of the etymology or possible spiritual significance of the other words that they stopped using though.

there doesn't seem to generally be that much in the way of direct legal protection for indigenous culture under intellectual property laws - there are arguments for how these sort of issues could be covered under laws as-is but they don't seem to be clear cut or well-tested or anything, and some countries have been looking at how to provide stronger ip protections for indigenous cultures. typically the approach in these sorts of disputes seems to be for the indigenous group to assert a right regardless of the underlying legal basis (they might have a legal argument but it seems like it's probably pretty unclear whether it would actually succeed), and then try to negotiate with the offending company because it's bad pr (and potentially a lot of hassle if it does go to court) for square or whoever else to completely ignore them.

BeanpolePeckerwood
May 4, 2004

I MAY LOOK LIKE SHIT BUT IM ALSO DUMB AS FUCK



juxtaposition to Nintendo and Sega raising wages, Blizzard announced that it's cutting staff bonuses by 42%

https://www.polygon.com/23604013/blizzard-entertainment-mike-ybarra-qa-meeting

Bucnasti
Aug 14, 2012

I'll Fetch My Sarcasm Robes

BeanpolePeckerwood posted:

juxtaposition to Nintendo and Sega raising wages, Blizzard announced that it's cutting staff bonuses by 42%

https://www.polygon.com/23604013/blizzard-entertainment-mike-ybarra-qa-meeting

Also said some poo poo like If top talent doesn't want to come back to working on site they should "Do what makes them happy".
So glad I got over the Blizzard brain worms and left that place when I did.

leper khan
Dec 28, 2010
Honest to god thinks Half Life 2 is a bad game. But at least he likes Monster Hunter.

ninjewtsu posted:

So can you or can you not copyright a culture

You can not copyright the commons. And neither can the members of those cultures.

Samovar
Jun 4, 2011

I'm 😤 not a 🦸🏻‍♂️hero...🧜🏻



Bucnasti posted:

So glad I got over the Blizzard brain worms and left that place when I did.

What did it take to get over the worms? What starved them once and for all?

studio mujahideen
May 3, 2005

MarcusSA posted:

Yes I saw those posts but that’s goon telephone because they clearly say,

They obviously believe it’s protected.

they're objecting to specific kinds of clothing and handcrafts being used. if it's anything like their issue with Disney over Frozen 2, its likely that rattling the saber w/r/t legal issues is just a way to get big companies to play ball. its perfectly reasonable to say "hey you should consult with us before stripping our culture for Cool Aesthetics."

the frozen 2 stuff ended fairly amicably, with everyone coming out happy. I imagine this will probably go similarly

Bucnasti
Aug 14, 2012

I'll Fetch My Sarcasm Robes

Samovar posted:

What did it take to get over the worms? What starved them once and for all?

It was a lot of things, the final straw was getting passed over for a new position that I was already doing for somebody outside the company. I suddenly realized that there were a lot more people out there willing to eat a lot more poo poo than I was just for the chance to work at Blizzard. I left, still had to eat poo poo for awhile, but I got paid a livable wage for it. Now I'm a lot happier and a lot better paid than I would have been if I had stayed.

Assepoester
Jul 18, 2004
Probation
Can't post for 10 years!
Melman v2

ninjewtsu posted:

So can you or can you not copyright a culture
Short answer, no, there are no international treaties that would allow indigenous people and organizations to copyright their traditional designs or cultural practices. There are some local laws in a few countries that offer some limited local protection.

Meanwhile indigenous groups worldwide do argue that they should have more legal control over how their traditional designs and cultural practices are copied or depicted - one of their big concerns over the years is quite understandably stopping or minimizing the popular cultural products that take some aspects of their appearance or identity and use them to signify a scary savage "other" the heroes can kill without consequence or ignorant "primitives" the heroes have to trick - and thus have frequently come together and made declarations about how they would like international copyright law to change.

https://en.wikipedia.org/wiki/Indigenous_intellectual_property

https://www.amazon.com/Savage-Anxieties-Invention-Western-Civilization/dp/0230338763

https://www.youtube.com/watch?v=G0VdBPkHQow

busalover
Sep 12, 2020

Not sure I'm sold on that trailer. Lots of things going on, I guess it's a mixture of documentary footage with fictional elements portrayed by actors. Maybe? The narration is corny as well.

BeanpolePeckerwood
May 4, 2004

I MAY LOOK LIKE SHIT BUT IM ALSO DUMB AS FUCK



Thread might be getting off course but I feel compelled to affirm that Exterminate All The Brutes is real good and Raoul Peck is GOATed.

Big K of Justice
Nov 27, 2005

Anyone seen my ball joints?
Anyone got a list of studios that pay out stock RSU's in addition to bonuses?

Ones I'm aware of:

Amazon Games
Tencent Owned Studios
Meta/Oculus Game Studios
Apple

Ones that I assume do:
Microsoft
EA

Ones that I know generally don't:
Sony SIE

I understand it's a relatively new thing for some companies was just wondering if there was anyone I missed. Note I'm not talking about startups/private companies/options, or royalties.

Bucnasti posted:

Also said some poo poo like If top talent doesn't want to come back to working on site they should "Do what makes them happy".
So glad I got over the Blizzard brain worms and left that place when I did.

The work-from-home change got a ton of suits wanting a strong push to return to office. WFH equalized wages across the US, because you got California studios offering SF/LA rates (worst case within 5-10%) to the rest of the country forcing say.. Texas/Washington state studios to play ball or lose out on talent. It's expensive to hire good talent now and a lot of guys will walk if they are forced to RTO. I've seen this firsthand. As long as there are enough studios offering WFH positions.

I know SIE was onboard with WFH since I shipped 2 titles with them on schedule WFH. I'm sure Activision/Blizzard probably feels differently, or they are shaking the tree in advance of whatever cutbacks are coming once the Microsoft deal is completed. That's my guess anyways.

I should probably ask the ex blizzard guys at work how busy is the Irvine campus right now? I'd assumed they were already partial RTO/hybrid?

Assepoester
Jul 18, 2004
Probation
Can't post for 10 years!
Melman v2

busalover posted:

Not sure I'm sold on that trailer. Lots of things going on, I guess it's a mixture of documentary footage with fictional elements portrayed by actors. Maybe? The narration is corny as well.
It's just a normal documentary series and the amount of live action re-creations is pretty small, but one of them is an excuse to have Josh Hartnett shirtless so it's pretty good. The first episode contains all of the relevant to this discussion cultural imagery and propaganda of the "savage other" as depicted throughout history and connects them directly to wars of imperial conquest and genocide.

Billy Gnosis
May 18, 2006

Now is the time for us to gather together and celebrate those things that we like and think are fun.

Big K of Justice posted:

Anyone got a list of studios that pay out stock RSU's in addition to bonuses?

Ones I'm aware of:

Amazon Games
Tencent Owned Studios
Meta/Oculus Game Studios
Apple

Amazon famously doesnt give out bonuses company wide. Most silicon valley tech has a significant portion of your pay in rsu stock e.g. Apple and Meta and has for a long time

leper khan
Dec 28, 2010
Honest to god thinks Half Life 2 is a bad game. But at least he likes Monster Hunter.

Big K of Justice posted:

Anyone got a list of studios that pay out stock RSU's in addition to bonuses?

Ones I'm aware of:

Amazon Games
Tencent Owned Studios
Meta/Oculus Game Studios
Apple

Ones that I assume do:
Microsoft
EA

Ones that I know generally don't:
Sony SIE

I understand it's a relatively new thing for some companies was just wondering if there was anyone I missed. Note I'm not talking about startups/private companies/options, or royalties.

The work-from-home change got a ton of suits wanting a strong push to return to office. WFH equalized wages across the US, because you got California studios offering SF/LA rates (worst case within 5-10%) to the rest of the country forcing say.. Texas/Washington state studios to play ball or lose out on talent. It's expensive to hire good talent now and a lot of guys will walk if they are forced to RTO. I've seen this firsthand. As long as there are enough studios offering WFH positions.

I know SIE was onboard with WFH since I shipped 2 titles with them on schedule WFH. I'm sure Activision/Blizzard probably feels differently, or they are shaking the tree in advance of whatever cutbacks are coming once the Microsoft deal is completed. That's my guess anyways.

I should probably ask the ex blizzard guys at work how busy is the Irvine campus right now? I'd assumed they were already partial RTO/hybrid?

A lot of mobile, especially companies owned by some other tech company, often pay out RSUs.

30.5 Days
Nov 19, 2006

BeanpolePeckerwood posted:

juxtaposition to Nintendo and Sega raising wages, Blizzard announced that it's cutting staff bonuses by 42%

https://www.polygon.com/23604013/blizzard-entertainment-mike-ybarra-qa-meeting

If you'll recall, bonuses were the big promise for getting diablo 4 on track to come out on some timeline that seems to be required by the microsoft merger

Big K of Justice
Nov 27, 2005

Anyone seen my ball joints?
/edit

Nevermind I think I'm the wrong "game industry" thread.

broken pixel
Dec 16, 2011



Just saw this and now wonder if we'll get a more complete statement in the morning. The image talks about CoD specifically, but the general statement is for Xbox games. Huh!

https://twitter.com/BradSmi/status/1627926790172811264?s=20

Regalingualius
Jan 7, 2012

We gazed into the eyes of madness... And all we found was horny.




Wonder if this is their quick attempt to have something to point to for regulators so they can proclaim “see?! If we were a monopoly, would we be doing this with our competitors?” with regards to the ABK buyout.

MikeJF
Dec 20, 2003




Absolutely. It seems (and this is all speculation) like Sony's being deliberately obstructionist right now when it comes to making deals with MS over Activision games because doing so would weaken any argument they can make to the regulators against the merger, so MS hitting up Nintendo circumvents that and lets them undercut Sony's 'we don't know that they'll make deals!' argument.

It's also a relatively easy deal to make because of the ongoing research that says that by and large Nintendo doesn't actually compete with XBox the same way Sony does in terms of consumer purchases, people never buy a Switch instead of an XBox. So this expands the market share of the games and gives MS a whole bunch of goodwill at no real loss. (Except for future call of duty devs tearing their hair out to build the downgraded versions)

MikeJF fucked around with this message at 09:49 on Feb 21, 2023

BeanpolePeckerwood
May 4, 2004

I MAY LOOK LIKE SHIT BUT IM ALSO DUMB AS FUCK



MikeJF posted:

Absolutely. It seems (and this is all speculation) like Sony's being deliberately obstructionist right now

I mean, of course they are, that's how this works.

Asteroid Alert
Oct 24, 2012

BINGO!
Sony has more to gain if the deal falls through. Microsoft gets humiliated, ActiBlizz is in dire straits for money and Sony can go to the negotiating table with more leverage to get CoD deals. If the merger falls through, it would be hilarious if Sony somehow pulled full exclusivity for CoD.

That Nintendo deal is definitely engineered to prove that Microsoft is happy to cooperate.

Vegetable
Oct 22, 2010

I don’t think it’s gonna get them any regulatory goodwill. It reads as transparent. aggressive, frantic rear end-covering. The only thing that’ll work is if they cut a deal with Sony and short of absurdly generous terms that’s just not gonna happen.

claw game handjob
Mar 27, 2007

pinch pinch scrape pinch
ow ow fuck it's caught
i'm bleeding
JESUS TURN IT OFF
WHY ARE YOU STILL SMILING

MikeJF posted:

(Except for future call of duty devs tearing their hair out to build the downgraded versions)

I feel like they'll take the quick and dirty route a lot of devs have for this: "Cloud version (on Switch)".

koolkal
Oct 21, 2008

this thread maybe doesnt have room for 2 green xbox one avs

UK CMA posted:

42. Our assessment under this theory of harm is focussing on whether Microsoft would have the ability and incentive to limit access to CoD, and whether this ‘foreclosure’ would have an effect on the ability of rivals to compete with Microsoft in gaming consoles. In terms of ‘ability’, we consider whether limiting access to CoD would harm the competitiveness of Xbox’s rivals. In terms of ‘incentive’, we consider whether Microsoft stands to gain from this strategy. And in terms of ‘effect’, we consider how this would impact overall competition in the market for gaming consoles.

43. CoD is currently available on two gaming consoles – Xbox and PlayStation. We have provisionally found that these consoles compete closely with each other in terms of content, target audience, and console technology. We have provisionally found that Nintendo’s consoles compete less closely with either of Xbox or PlayStation, generally offering consoles with different technical specifications, and with its most popular titles tending to be more family- and child-friendly. Nintendo does not currently offer CoD, and we have seen no evidence to suggest that its consoles would be technically capable of doing so with a similar quality of gameplay as Xbox or PlayStation in the near future.

44. The evidence we gathered shows that the CoD franchise is important to PlayStation.

45. First, the evidence shows that CoD accounts for a significant proportion of PlayStation’s overall gametime, implying that making it totally or partially exclusive to Xbox would represent an important reduction in range of games offered on PlayStation.

46. Second, the large majority of our survey respondents (ie, CoD gamers as described above) indicated that the content available on a console is important to their choice of console, and around 24% of them said they would divert away from PlayStation if CoD were no longer available on that platform. The level of switching in this analysis, which indicates that a significant proportion of all PlayStation gamers would switch away from the platform, suggests that PlayStation gamers would be affected by not having access to CoD, notwithstanding the availability of other games on PlayStation.

47. Third, even CoD gamers who would remain on PlayStation could be harmed by the reduction in choice in that console. They would also likely spend less time and money on PlayStation than they did before, which the evidence suggests would have a material impact on PlayStation’s revenue and ability to compete.

48. As to what Microsoft would do with CoD, we have provisionally found that it would have an incentive to make it either partially or totally exclusive to Xbox.

49. First, Microsoft’s commercial strategy to date suggests that there are strategic benefits in limiting the availability of acquired gaming content. Microsoft has acquired a range of gaming studios over the past few years and, with very few exceptions, has made their future releases of games exclusive or redirected the efforts of those studios to produce exclusive Xbox games. Although we recognise that Activision is a bigger studio than any acquired by Microsoft before, this pattern of behaviour seems to be consistent with Microsoft’s commercial strategy.

50. Second, the evidence suggests that making CoD partially or totally exclusive could bring Microsoft longer-term strategic benefits. These would include acquiring new loyal customers, growing the number of Game Pass subscribers, and strengthening Microsoft’s reputation as having a console with attractive exclusive content. We recognise that Microsoft could face backlash from some gamers for adopting this approach, but we believe that this would not be enough to make these strategies commercially disadvantageous in the long run.

51. Third, we provisionally believe that making CoD exclusive to Xbox could be profitable for Microsoft. Although it is difficult to quantify Microsoft’s financial gains and losses from making CoD partially or totally exclusive to Xbox, we have tried to approximate these by using two different financial models. One model measured the direct financial gains over the course of one year of making CoD exclusive to Xbox. It is a straightforward comparison of the income that Microsoft would lose from not selling CoD on PlayStation against the additional income that it would earn from selling CoD, additional Xbox consoles, and other games to new customers who would switch—as estimated from our survey results—from PlayStation to Xbox. We provisionally found that this calculation on its own was broadly neutral in terms of profitability. The other model considered data used by Xbox in the ordinary course of business on the ‘lifetime value’ of new customers. This has the benefit of accounting for five years of spend on the Xbox platform and on CoD. This model, which we currently believe is a better way to estimate long-term financial incentives, suggests that making CoD exclusive to Xbox would be profitable for Microsoft.

52. On this basis, we provisionally believe that this combination of financial and broader strategic considerations would provide Microsoft with the incentive to make CoD either partially or totally exclusive to Xbox following the Merger.

53. We are concerned about the impact that these exclusivity strategies could have on competition between gaming consoles. Given that PlayStation is Xbox’s closest rival, we provisionally believe a strategy that makes it a less effective competitor would harm overall competition in gaming consoles.

The above is a portion of the UK's statement which points out that Nintendo does not really compete with the other 2 and mostly focuses on the effects of CoD exclusivity on Sony.

Adbot
ADBOT LOVES YOU

Comrade Fakename
Feb 13, 2012


Got to assume that the only way they would be able to achieve feature parity on Nintendo platforms (Switch and likely still the case on whatever Switch 2 is) is by making them streaming versions.

  • 1
  • 2
  • 3
  • 4
  • 5
  • Post
  • Reply