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Published on August 29, 2008 By Zoomba In Sins News

Stardock announced today the Gamer’s Bill of Rights: a statement of principles that it hopes will encourage the PC game industry to adopt standards that are more supportive of PC gamers. The document contains 10 specific “rights” that video game enthusiasts can expect from Stardock as an independent developer and publisher that it hopes that other publishers will embrace. The Bill of Rights is featured on Stardock’s website (www.stardock.com) and is on prominent display in Stardock’s booth (1142) at the Penny Arcade Expo.

“As an industry, we need to begin setting some basic, common sense standards that reward PC gamers for purchasing our games,” stated Brad Wardell, president and CEO of Stardock Corporation. “The console market effectively already has something like this in that its games have to go through the platform maker such as Nintendo, Microsoft, or Sony. But on the PC, publishers can release games that are scarcely completed, poorly supported, and full of intrusive copy protection and then be stuck on it.”

Chris Taylor, CEO and founder of Gas Powered Games stated, “This is an awesome framework for the industry to aspire to, and ultimately so that we can provide our customers with the gaming experience that they have wanted for years, and really deserve.”

As an example of The Gamer’s Bill of Rights in action, Stardock instituted a policy of allowing users to return copies of The Political Machine purchased at retail to Stardock for a full refund if they found that their PC wasn’t sufficient to run the game adequately.

“The PC market loses out on a lot of sales because a significant percentage of our market has PCs that may or may not be adequate to run our games. Without the ability to return games to the publisher for a refund, many potential buyers simply pass on games they might otherwise have bought due to the risk of not being certain a game will work on their PC. The average consumer doesn’t know what ‘pixel shader 2.0 support’ means, for instance,” said Wardell.

According to Stardock, the objective of the Gamer’s Bill of Rights is to increase the confidence of consumers of the quality of PC games which in turn will lead to more sales and a better gaming experience.

The Gamer’s Bill of Rights:

  1. Gamers shall have the right to return games that don’t work with their computers for a full refund.
  2. Gamers shall have the right to demand that games be released in a finished state.
  3. Gamers shall have the right to expect meaningful updates after a game’s release.
  4. Gamers shall have the right to demand that download managers and updaters not force themselves to run or be forced to load in order to play a game.
  5. Gamers shall have the right to expect that the minimum requirements for a game will mean that the game will play adequately on that computer.
  6. Gamers shall have the right to expect that games won’t install hidden drivers or other potentially harmful software without their consent.
  7. Gamers shall have the right to re-download the latest versions of the games they own at any time.
  8. Gamers shall have the right to not be treated as potential criminals by developers or publishers.
  9. Gamers shall have the right to demand that a single-player game not force them to be connected to the Internet every time they wish to play.
  10. Gamers shall have the right that games which are installed to the hard drive shall not require a CD/DVD to remain in the drive to play.

Comments (Page 6)
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on Sep 15, 2008

I know Stardock's incentive for not pirating is to have the CD key be the only way to download patches but if you make people register like you've done originally, I don't see why you can't continue the current system too.

Because (even reputable) third party sites then proceed to mirror the updates for all, completely defeating that method. Using something like Impulse is the only way to ensure that doesn't happen.

on Sep 15, 2008

Using something like Impulse is the only way to ensure that doesn't happen.

Or use an activation system like in GC2 since version 1.1 . Why isn't it implemented in SoaSE?

on Sep 16, 2008

Being able to return games that don't work on you're computer is nice. I just bought Neverwinter Nights, and I spent 4 hours trying to get it to work, but I failed. It was only 20$, but still.

on Sep 17, 2008

11. Gamers have the right to resale their license for a fair price.

No, this is not a good idea. It is just a slower form of piracy, with a financial incentive.

on Sep 19, 2008

Craig Fraser

11. Gamers have the right to resale their license for a fair price.
No, this is not a good idea. It is just a slower form of piracy, with a financial incentive.

That is a very interesting perspective. One I can honestly say I have never considered. You see I look at thing the say way you guys do to the best of my knowledge and that is that you are selling an experience, hence the license and not the game argument that the entire industry as well as all the other entertainment industries claim. I fully concur with that fundamental position. However considering second hand sales as a "slower forum of piracy with financial incentive" seems to fly smack in the face of centuries of free trade practices and fundamental commerce in general as well as tossing the right of first sale right out the window.

People buy other types of products, use them, then resale them for whatever reason and it is permitted. This is especially so when it comes to antiques, housing, works of art (which is what many think gaming is by the way) clothing, literature, machines and vehicles. So why is it that digital products are so special that they should be treated differently then nearly all other commodities in the market place especially when the reproduction costs are almost nil in comparison with all other products?    Moreover the implications for this notion would have a profound impact on the rental business, usage of products by family members and so on... Where does it all end?

on Sep 27, 2008

Recycling and reusing play a large part of my life and I encourage both these wholeheartedy. The major difference with digital commodities is the original buyer maintain full benefit for the product AFTER he/she has parted with it. Being a liscense that it is, our customer is really selling our property. Customer becomes Competitor, and we end paying to support the product. It wouldnt be a problem if the original installed/copied game could magically disappear after sale. The reality is, the game could be sold an infinite number of times and we have to provide support for each one. If our sales are not tied to our support budget we are defintely going to be in trouble. Make sense?

on Sep 28, 2008

Craig Fraser
Recycling and reusing play a large part of my life and I encourage both these wholeheartedy. The major difference with digital commodities is the original buyer maintain full benefit for the product AFTER he/she has parted with it. Being a liscense that it is, our customer is really selling our property. Customer becomes Competitor, and we end paying to support the product. It wouldnt be a problem if the original installed/copied game could magically disappear after sale. The reality is, the game could be sold an infinite number of times and we have to provide support for each one. If our sales are not tied to our support budget we are defintely going to be in trouble. Make sense?

 

That is a rationalization of why your company wishes to remove rights from the consumer that exist from First Sale doctrine exception to copyright. It is at this juncture that I realize the flaw with a "Gamers Bill of Rights" written by the anyone in game selling industry. They will always be more concerned with producers rights, than consumer rights.

A "Gamers Bill of rights" that is is written by the publisher, is clearly not what it claims. It is essentially a list of Stardock practices (many of them very good).

A real Gamers Bill of rights would be written by Gamers.

Or at least by a party representing their interests and not conflicting with them (IOW not game publishers).

Examples:

1: The right to pull my game from my shelf 5 to 10,years from now and have install/play without an internet connection (IE no server dependencies)

2: Proper First Sale Doctrine recognition. I can sell my physical purchased goods to another. Facilities could easily exist for Serial Key transfer. Support can be time limited per key if you are talking about call in support and not merely access to a web page.

I realize publishers hate the used market, but I can sell my used CD,DVD,Books. Games are an exception why? Again a gamers bill of rights that only include rights that the publisher likes has nothing to do with gamers.

A real gamers bill of rights could be codified today and we could get review sites to score games on gamers rights out of ten.

Loss of resale rights: Minus 3 points.

Remote Server activation required: Minus 5 points.

 

It is good of Stardock to bring up the idea. But the definition belongs in the consumers hands, not the producers. Having a producer write the "Gamers Bill of Rights" is putting the fox in charge of the Hen House.  Monitoring can be checked with review sites to give consumers a quick number to know how consumer friendly this product is. Stardock would score high, but not perfect. EA would score very low.

on Sep 28, 2008

Recycling and reusing play a large part of my life and I encourage both these wholeheartedy. The major difference with digital commodities is the original buyer maintain full benefit for the product AFTER he/she has parted with it. Being a liscense that it is, our customer is really selling our property. Customer becomes Competitor, and we end paying to support the product. It wouldnt be a problem if the original installed/copied game could magically disappear after sale. The reality is, the game could be sold an infinite number of times and we have to provide support for each one. If our sales are not tied to our support budget we are defintely going to be in trouble. Make sense?

I also head about game resale shops making something like 400% profit per title, none of which I'm sure doesn't get shared with the game makers.

on Sep 29, 2008

MysticRhythms

It is good of Stardock to bring up the idea. But the definition belongs in the consumers hands, not the producers. Having a producer write the "Gamers Bill of Rights" is putting the fox in charge of the Hen House.  Monitoring can be checked with review sites to give consumers a quick number to know how consumer friendly this product is. Stardock would score high, but not perfect. EA would score very low.

I just realized this is exactly why I object to this "bill of rights", and am quite cynical about it. It could be construed to be an advertisement for Stardock games, considering that Stardock wrote it and their practices match up with it. Of course, the practices are great, and in my opinion should be included in the bill of rights, but this should be defined by gamers, not a given company, no matter how much I happen to support the company in question.

on Sep 29, 2008

but this should be defined by gamers

We're gamers too. It's not just a "here's out policies" thing; these are points we'd like other companies to abide as well when we're buying their games.

on Sep 29, 2008

1: The right to pull my game from my shelf 5 to 10,years from now and have install/play without an internet connection (IE no server dependencies)

2: Proper First Sale Doctrine recognition. I can sell my physical purchased goods to another. Facilities could easily exist for Serial Key transfer. Support can be time limited per key if you are talking about call in support and not merely access to a web page.

And you can easily do both with a retail disk. The key is not needed to play.

In essense, Stardock is not restricting the used sale itself, it's only making sure that they don't provide support for more copies than they sold. In other words, one account per game gets support - which by itself is not unusual in the least when talking about second-hand goods.

After all, they don't see any income from your used sale, so why should they spend money to support it? It has nothing to do with them being developers/publishers either. Unless you make a habit of handing out lots of money for no reason at all and not getting anything out of it

on Sep 29, 2008

Gamers shall have the right to demand that download managers and updaters not force themselves to run or be forced to load in order to play a game.

Maybe it's just me, but I really don't think this is too big of a deal as long as the platform has an "offline mode" that doesn't expire.  Beyond that, it's basically equating to "Gamers shall have the right to reasonable loading times" which is obviously highly subjective.

on Sep 29, 2008

"It is at this juncture that I realize the flaw with a "Gamers Bill of Rights" written by the anyone in game selling industry. They will always be more concerned with producers rights, than consumer rights."

If our customers are happier than we should be too - it is good for business. I don't understand this false barrier you are creating. Its not a matter of gamer vs publisher/developer, its about improving the industry for everyone. Even if you felt there was something missing in the Bill of Rights, explain to me how this can somehow detract from all the positive that is already there? Are you saying you would you rather no Bill of Rights more than an incomplete Bill of Rights? 

on Sep 29, 2008

Craig Fraser
"

If our customers are happier than we should be too - it is good for business. I don't understand this false barrier you are creating. Its not a matter of gamer vs publisher/developer, its about improving the industry for everyone. Even if you felt there was something missing in the Bill of Rights, explain to me how this can somehow detract from all the positive that is already there? Are you saying you would you rather no Bill of Rights more than an incomplete Bill of Rights? 

And you don't think customers would be happier if they can sell their games to recoup some cash if they get tired of it?

As indicated. It was this opposition to resale that brought this home to me. Stardock is opposed to resale, so there is no right of resale in your "Gamers Bill of Rights".

Your "gamers bill of rights" is essentially a list of Stardock practices. They may be largely good practices and they represent a good starting point, but they are not a gamers bill of rights.

Where a right that gamer would like conflicts with what stardock agrees with, stardock doesn't include it. Thus this clearly is not a "Gamers Bill of Rights". It is a renaming of Stardock policies.

The fundemental conflict of interest is obvious.

 

on Sep 29, 2008

Craig Fraser
"It is at this juncture that I realize the flaw with a "Gamers Bill of Rights" written by the anyone in game selling industry. They will always be more concerned with producers rights, than consumer rights."

If our customers are happier than we should be too - it is good for business. I don't understand this false barrier you are creating. Its not a matter of gamer vs publisher/developer, its about improving the industry for everyone. Even if you felt there was something missing in the Bill of Rights, explain to me how this can somehow detract from all the positive that is already there? Are you saying you would you rather no Bill of Rights more than an incomplete Bill of Rights? 

Apologies for appearing aggressive (especially in agreeing with MysticRhythms), but my (personal) point is that a Bill of Rights is a good thing, and the philosophies in this one I support, but I don't think that you guys should be the guys to write it. Because, as MysticRhythms says, it is a renaming of Stardock policies, and may not be entirely objective, regardless of how good the policies themselves are.

Actually, no, you're right. The success of this bill of rights depends on whether or not consumers as a whole accept it - regardless of your company policies. If the bill of rights reflected bad policies, then gamers would not accept it. Therefore, we need to see if this works out.

Hmm...

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