Ouya: Seriously Misunderstood?

If you recall my previous post, I discussed the importance of digital distribution and new media in general in terms of bringing back artistic expression - primarily the non-commercialized kind - and opening the door for content creators. Now, I'm not sure if you noticed, but that post was surprisingly scarce on the topic of video games. That must have been surprising. Fortunately, I have every intention of addressing that subject in this post, but it may not be what you would expect.

So, a quick recap is in order. We know that Microsoft, Sony, and Nintendo hold all of the power in the console gaming war, to a point where no other company has really even bothered to try breaking down the barriers that this monolithic trifecta has erected in the console manufacturing industry. Why? Well, it's all about money, folks! Let's assume I'm an independent developer, who has just created a really cool game, but I don't really have the financial backing to publish it. So I choose digital distribution, but I would really love to have access to the console gaming market, as my game interfaces better with a controller than with a mouse and keyboard (let's just ignore the existence of PC joysticks, for the moment). But Sony, Microsoft, and Nintendo don't like the price tag I want to put on it, and once they've told me what it's worth - not near as much as a big budget AAA game from 2K Games, I would wager - they tell me how much I must give them for each digital copy sold. While anything beyond that is speculation, something tells me it's not a pretty number, due to the amount of disgruntled Indie developers digitally distributing their games through console markets.

Enter the heroic underdog, Ouya. If you haven't heard of it, Ouya is a new company that managed to net over $8.5 million in Kickstarter funding for its self-titled prototype game console. Now, this console has been met with mixed responses thus far, including critics who do not believe there is a market for the Indie-developed games that Ouya claims it will feature. Personally, I love innovation, and this is exactly what I was referring to when I spoke about putting power back into the hands of the content creators; in this situation, the content-creators are the "little guys," the ones who have been bullied into following a tried-and-true method of game design that, while fun and engaging, is bringing true innovation to a stand-still for the sake of hitting the jackpot with each subsequent release. Our creative talent is being snuffed out as we struggle to have the next Call of Duty title ready to launch by the holidays.

Ouya is giving Indie developers the opportunity to bite back by injecting their games into the homes of consumers on a relatively affordable console. Call me an optimist, but I believe the open-source software will help Ouya achieve success in the long run, as well. The best part is, Ouya is attempting to penetrate the console gaming market around the same time that the "Big Three" of video games will be releasing their next generation of consoles. Bold, Ouya. I like boldness, too.

So what do you think? Will this innovative piece of technology pack a punch, or will it fizzle in the face of the indoctrinated masses who just want to play the next Modern Warfare?

How Digital Distribution Can Bring Back Artistic Expression

We’re finally nearing the end of a digital revolution that has been going on for over a decade. I’m sure everyone remembers Napster. Not the one that charges people for music, but the one that created a business model based upon copyright infringement and started handing music over freely. Maybe, if you’re young enough, you don’t. In a nutshell, it was the great divide between content providers and content consumers. People had been used to purchasing compact discs for so long, and, seemingly overnight, they had the entire world’s worth of music at their fingertips. If you give someone something for free, it becomes very difficult for him or her to go back to paying for it. If you want to know more about it, you can check out this Wired article from back in the day.

Still, the music industry made it work. Knock out the peer sharing networks and develop digital distribution platforms (iTunes, Amazon, etc.) for consumers to purchase, at a nominal fee, single songs they actually want off of their favorite artists’ albums instead of dropping $20 for an entire album of garbage so they can have access to one or two songs. This method transferred over to the film industry well enough, though it needed to be tweaked a little bit. Subscription based services such as Netflix and digital distribution platforms such as Zune are working hard at accomplishing the physical-to-digital transition.

But what is happening with video games? Console developers still hold a lot of the power in the game industry, because they developed solid methods for combating piracy. Sure, you can still play pirated games on consoles. You have to modify them to do so, first. Then you can kiss your Xbox Live membership goodbye, because that gamer tag gets banned as soon as you log on. Some people are willing to accept that for the ability to play illegally acquired games, but most have just bitten the bullet and continued to purchase their games, either through retail outlets or through digital distribution platforms like Steam, PlayStation Store, and the Xbox Live Marketplace, so that they can feel the thrill of “pwning” some guy in a different country that they’ll probably never encounter again. But this is “old news.”

Let’s examine what is happening from the standpoint of the content creators, for a moment. I cannot tell you how many times I have heard someone complain about the commercialization of expression through art. With music, the record labels had all of the power and were able to determine whether or not a song should be distributed simply based on whether or not it would sell to the masses. Is that fair? Something that may speak to me on a spiritual or emotional level may mean absolutely nothing to the world majority. Does that mean I should be robbed of that experience simply because that work of art is not a moneymaker?

For decades, the balance of power has been extremely one-sided, and the content creators (authors, musicians, film directors, game developers) have been at the mercy of the people with the resources to distribute that content  (publishers). To be fair, those publishers take a risk every time they decide to invest in content. But, since we’re on the topic of “fair,” it’s also worth mentioning that it never used to be so difficult for content creators to share that content with the world until they were faced with competition that intentionally and maliciously pushed them out of the loop. It’s about time that the content creators stood up for what they believe in instead of bowing down to publishers, right? In the words of the great Howard Beale, “We’re mad as hell, and we’re not going to take this anymore!”

I believe this is the real golden opportunity represented by the digital revolution. If you’ve been paying attention, you’ll see that it has already been happening. I’m not talking about Bieber becoming a YouTube sensation and being picked up for a recording contract. I’m also not referring to Zynga and their free-to-play social games that aren’t much fun at all without the seriously overpriced micro transactions. I’m talking about bridging the gap between the consumer and content creator. Content creators don’t have to pay outrageous fees anymore, because digital distribution has virtually no overhead. They can produce their own material now, with affordable software and hardware that, while not perfect, gets the job done. Just kick a commission over to the distributor, and the power is back in the hands of the artist, the director, and the game developer.

The Business Plan: Make A Change

In my most recent post, I discussed valuable tips from capital investors Martin Zwilling and Shervin Pishevar in regards to securing investment funding for your new venture or project. I’d like to expand on that discussion with some practical applications of this professional advice. Without spilling the beans on the details of my own venture, I will highlight some useful ways to beef up your business plan when pitching to investors with references to my own business plan.

First and foremost is the social media factor. If you haven’t discovered the value that a strong social network has for your business yet, then I’d suggest you research some success stories that have resulted from smart social media utilization. After reading through the confusing yet inspirational email composed by Pishevar a few times, I decided to add some more kick to the social media portion of my business plan, especially as it pertains to marketing efforts. I did so by adding a “Gamification” segment.

We’ve discussed Gamification in the past, and there’s no denying the fact that this concept of making every day life less boring by adding gaming elements to the mix is catching on with businesses on a global level. If utilized properly, Gamification can bolster a social marketing campaign by providing visitors with incentives to delve deeper into a company’s products and services. For example, instead of offering promotional codes to Facebook account holders simply for “liking” my page, I will encourage them to go one step further and truly discover the company with a brief but enjoyable social game that allows them to earn discounts by inviting other friends to play the game. While this strategy may seem somewhat lacking in imagination, it still provides me with a unique opportunity to educate my target market without forcing them to dig for information on the company. What’s really cool about it is that you can inject whatever content you choose to in social games, such as embedded links to various landing pages on your website. It also creates a self-perpetuating method of driving more traffic to your Facebook page through invites to friends.

Of course, there is also Zwilling’s advice on providing logical and reasonable numbers that clearly demonstrate return on investment. This can be accomplished easily enough by mass amounts of research. Here are some questions that I have attempted to answer throughout the course of my own business plan: How are similar products and services selling in my target market? What sales strategies are my competitors using and how effective are they? Finally, what are my advantages over my competitors, and how can I capitalize on those advantages and turn them into net income? These questions are best answered in the financials, sales, and operations sections of the business plan, assuming you are following some type of “successful business plan” template.

Of course, I have chosen these areas to make changes based upon the advice of the professionals because I believe they are key points in my business plan. How I intend to market my business and generate revenue are two questions that any investor will ask, and they represent what I feel are the greatest strengths of my business. Naturally, just as each business is different, so too is each business plan. So, it’s important to understand every aspect of your business before finalizing your business plan and presenting it to investors, because it will allow you to pinpoint the strengths of your own business and what you feel will be the most important aspects of the plan that will really drive it home for investors.

Easy, right?

Gaming Entrepreneurs, Meet The Investors

I will be the first to admit that, as much as I have enjoyed playing video games in my time, the only game I ever created was a C++ text-based Pimp Quest spinoff in my sophomore year of high school. I have an idea of the sheer amount of time and hard work involved in developing a console or PC game from the ground up. But I am far from capable of creating the next big MMORPG.

Let's talk dollars and cents, for a moment. Assuming my cruddy, embarrassing sophomore project could have a value attached to it, I might get away with charging $.01 for it. A penny, no more. It might have taken me three hours of solid work to make the game, and I believe minimum wage at the time was $5.15 or so. In the realm of game design, I was worth less than that. How much do you suppose the developers at Infinity Ward were paid by Activision? The publishing giant shelled out $42 million to 38 employees when the legal fiasco first took off, so I imagine their time was worth far more than mine.

Let's say you're a designer who has just put a team together and launched your start-up game development studio. You have an awesome concept and the right group of people to make the idea a reality, and you don't want to waste time struggling through the channels to gain recognition and build funding for this awesome game. But you want to compete with the giants like EA and Activision, not work for them. So what do you do? At this point, it's safe to assume that this game will cost you hundreds of thousands - if not millions - of dollars.

Maybe, if your idea is original and appealing enough, you have some excellent plans for marketing and selling the game, and you can demonstrate a superb understanding of the industry and why your game will sell so well, you might be able to land seed funding from an angel investor or venture capitalist. Now there's a right way and a wrong way to approach an investor and ask if you can use a large amount of their money to satisfy your business needs. Shervin Pishevar and Martin Zwilling are two investors who have been on both sides of the business pitching table, and they offer some useful information to those who are willing to pay attention. If you plan on going after their money, you might want to take their advice, first.

Shervin Pishevar received his B.A. in interdisciplinary studies from the University of California at Berkeley, and is the managing director at Menlo Ventures. He founded the Social Gaming Network , and has raised over $50 million in capital for other start-ups. He has invested in over 40 companies since becoming an angel investor, and it's safe to assume he has read through and rejected far more business plans. Pishevar is also an immigrant entrepreneur. His unique perspective as an immigrant provides him with equally unique ideas, such as recruiting entrepreneurs on a global level. In a moving email to friends shared on Tech Crunch in 2008, Pishevar reveals the depth of his entrepreneurial spirit, as well as the depth of his focus on social platforms.

While I encourage you to read the email, the point that I took away from it was that any new venture should place a great amount of focus on current trends in social technology. In 2008, in the middle of a lonely night away from home, the one thing on Pishevar's mind was his family, and how easily he could connect with them through Facebook, no matter where he was in the world. Today, the trends are shifting towards mobile gaming, which is simply an evolution of social gaming. If your game has a unique and innovative social factor, be sure to drive that home with investors, because it shows you've done your research and you know how to play nice with the rapidly changing technological landscape.

Martin Zwilling boasts an impressive track record serving in various business capacities over the past 30 years, and now serves on the selection committee of two different angel investor firms. He maintains a blog on Forbes.com, and recently published his first book, Do YOU Have What It Takes To Be An Entrepreneur? Zwilling shares some slightly more practical advice for entrepreneurs seeking investment capital in his blog post, "Top Ten Investor Turnoffs Around Business Plans." In this post, he highlights some simple mistakes that many entrepreneurs make that immediately exclude them from consideration, including grammatical errors, a business plan that lacks an executive summary (or consists entirely of an executive summary), too many appendices, and negativity, in any form. I think the most valuable piece of information to be taken from Zwilling's post is the most obvious tip: don't forget to show the investor how they will recoup their money. If you cannot show them how your game will make money, they won't bother investing in it.

Any business plan should consist of certain sections that are key to getting the "plan" across; how will you market it?; how will you sell it?; to whom will you sell it?; and where is the money going? Keep in mind that most investors will care about the product or service that you are offering, but not as much as they care about you. So be sure to do an adequate job of selling yourself and your team, as well. If an investor has confidence in you, they will have more confidence in your business.

Gamification: The Social Media Perspective

Over the past several years, there has been a very interesting development in the relationship between entertainment software and everything else, particularly with social media. I touched on this software love affair in my first entry to this blog, but I think it’s time to address this subject from a different angle. In case you’re in need of a social gaming update, it is pertinent to first examine some of the recent developments with the original social gaming giant.

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According to Reuters, CBS News, Edge, and just about everyone else concerned with technology investments, Zynga is in some pretty serious trouble with it’s stockholders; trouble that has been mounting since it’s IPO back in December that valued the company at over $7 billion. Apparently, social games are taking a back seat to mobile games as more consumers turn to the Android and iOS smartphone markets. Despite this disappointing news, it appears as though Zynga is searching to reignite consumer interests in one of their more successful mobile titles from OMGPOP by having CBS transform it into a game show. Of course, I’m referring to Draw Something. Celebrities playing video games with the average Joe on primetime television? It might work. 

While playing a video game on a social network for the sake of competing with your friends and having fun may be falling to the wayside, an increasingly popular form of social gaming has been on the rise. Enter the concept of “gamification,” the process of applying game mechanics to activities that are completely unrelated to games. For the sake of brevity, this post focuses more on gamification from a social media marketing perspective.

Like many marketing innovations, gamification is simply the answer to a question that every business has asked at one point or another: “How do we successfully engage our customers with our brand?” The theory is actually quite simple. If it’s fun, people will want to experience it. Now, we’ve already discussed what makes a game fun. Once the fun factor has been established, all that remains is to plug a unique representation of your brand into the equation. Let’s take a look at how other companies are embracing video games in an effort to reach a wider market:

Marriot – Last year, Marriot provided potential employees with an opportunity to show off their skills on Facebook. They did so by playing the My Marriot Hotel game, which allowed players to take on the typical challenges of a restaurant owner in a Farmville style interface. The goal was simply to make the restaurant turn a profit. While doing this in a game is obviously far less stressful than doing so in real life, many of the techniques and strategies applied in the game would be helpful in real life scenarios.

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Domino’s Pizza – Domino’s is also raising brand awareness on its Facebook page by offering the public a free game, apparently dubbed “Play Today!” If you recall, one important element that must be present in a game to create a fun environment is a reward system. Domino’s rewards players who defeat the fourth level of their social game by donating $1,000 to St. Jude’s Children’s Research Hospital. That must have provided players with a self-esteem boost. The really crazy thing about this game is that you don’t even have to “like” Domino’s or relinquish more personal information just to have a go at it. Nice job, Domino’s.

Toyota – In an effort to promote their new sports car, Toyota launched Social Network Racer on Facebook last year. This nifty app allowed players to customize their experience with data retrieved directly from Facebook profiles, and compete against other Facebook friends in an online racing simulator.

If you’re thinking that it’s necessary to hire an independent or freelance game developer to create a game with beautiful graphics and a unique user interface in order to properly gamify your brand, think again. In some cases, simply scoring users based on a number of factors and stacking them up against the scores of their friends is enough to prompt a reaction. If you haven’t come across Identified yet, now is a really good time to check it out. Identified is a social network “extension” that ties in to your Facebook profile. Registrants enter educational, occupational, and social information using a very simple interface, and Identified provides them a score. That score is then compared to the scores of Facebook friends, and is also visible to potential employers or other potential network contacts. I’m ranked 18^th out of my friends based upon the aforementioned criteria. I am not satisfied.

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This passive competition still provides enough encouragement to users to expand their social network, and the networks of employers, in an attempt to get a better score than their friends. Is it a game? I’m not sure, but it’s competitive. Oddly enough, it’s also fun, because it provides me with an incentive to increase my online presence and expand my social network. Perhaps this is why Identified raised $21 million worth of capital investments this month to gamify the network; the very simple format that it has implemented thus far is already fun and engaging, and I’m curious to see what the future has in store.

So, maybe the relationship between entertainment software and social media is souring in the realm of monetization. Yet the two seem to be growing towards a mutual relationship with marketing and branding. For developers, I think this is pretty good news. It means more paying jobs from companies you would never have expected to form a relationship with. It could also mean more depth for your game players. What do you think, developers? Will next generation consoles support virtual orders of live pizza deliveries during gameplay? 

The Effect of Sound

Okay, here is the truth. I love video games. I enjoy playing them, I enjoy talking about them, and I enjoy studying them. But I'm also a huge fan of music. Technically speaking, I know far more about the creation of sound and music than I probably ever will about the video game design process. Last month in part one of Mind Games I discussed the importance of music in video games. For the sake of brevity, I left out an aspect of significant importance during that discussion that I intend to address today: sound effects.

In his Gamasutra feature, "10 Tips: The Creation and Integration of Audio," journalist Tristan Donovan recounts the advice of several sound professionals in the entertainment software industry with an undeniably effective list of audio know-how. With tips detailing the role of sound in the process of immersion to the importance of involving the audio team in the design process from the stage of infancy on through to post-production, Donovan and his panel of sound professionals offer some incredibly helpful tips for both novice and veteran game designers alike.

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Full Sail University Director of Game Development Rob Catto offered a more simplified explanation of the role of sound in modern video games in an interview with Artists House Music a few years back. During the interview, he comments on how the inclusion of more senses will increase the factor of immersion in the overall user experience. What do we know from previous discussions? I'll save you the trouble of guessing by simply stating that immersion is very good. 

So how do sound effect enhance immersion? That's actually a good question, because a game that properly utilizes sound effects is one that doesn't leave you wondering "what was that sound?" In most cases, it should be a natural experience, and immerse players in an almost completely subconscious fashion. In order for sounds to have a natural feel, they should be appropriate for the situation. For instance, if you're roaming through a mansion riddled with zombies, a common sound effect might be the shuffling of feet around the corner, or a series of emotionless and painful groans coming from the other side of a door.

Here's another good example: in Grand Theft Auto, sound collectively plays a huge role in immersing players in the gameplay. The next time you load up a GTA title, pay close attention to the typical sounds of a big city: the passing of cars on pavement and the honking of their horns; the shouts of cab drivers and conversations of other pedestrians; the occasional sound of sirens and gunfire, somewhere off in the distance. It's a noisy and chaotic city, just like any realistic city of relative scale. There is really not much music at all until you hi-jack a vehicle and start blaring the car radio. This jumble of sounds and complete lack of music serves to further immerse players because it so closely resembles reality. It makes sense.

So it really all boils down to immersion. Just as the visual and mechanical experience must coincide (when I push the button I want to see my character react accordingly), it is equally important that the sound effects tie in closely with other elements of design. Designers shouldn't waste time on sound effects that don't matter, but they should not be too quick to write off a seemingly trivial sound effect as unnecessary, either. Finally, sound effects should be consistent throughout. I may cross an abandoned intersection over a hundred times without ever noticing the sound of my character's footsteps, but if I miss that sound even once, it may have an adverse effect on my experience overall. From a designer standpoint, you shouldn't fret that I didn't hear it the first hundred times; that means you have accomplished your goal, and I am thoroughly immersed.

Mind Games, Part 2: Be One With The Fun

In Mind Games, Part 1, I discussed the elements of an exceptional game, and the psychological impacts of music in story-driven games. Part 2 of Mind Games will focus on the concept of fun. Let’s face it; a game cannot be considered exceptional unless it is exceptionally fun.

What makes a game exceptionally fun? Is there a formula that transcends personal preference and creates a fun experience for everyone? I’d like to quote Neils Clark from his Gamasutra piece, Psychology is Fun. It is a phenomenal article, and I would recommend it to game developers. Clark captures the essence of fun by raising some very interesting points about desire, need, and the longing to escape from reality: 

           

“The key to generating fun in the brain of the player is to cater to them. They should always have options for how they want to stimulate themselves. Don't bother them with aversive situations. We already know about the world we're escaping from…”

When we play a fun game, we are the masters of our universe. A fun game should give players the opportunity to experience things they would want to experience. We seek arousal, not tedium. This is why there are no successful games that allow you to work on a factory line doing the same exact thing for hours on end.

Fable 2 is a prime example of this. It was actually a fun game, but there were some aversive factors to it as well. For instance, my moral compass can support robbing a NPC for money in a video game; chopping wood, crafting daggers, and serving beer are noble professions and suitable for making money in the real world, but in a game, it’s only fun for about 60 seconds. Unfortunately, many players subjected themselves to hours of this inexplicable behavior.

…We can send their minds to the giddy heavens, conjoin them with the stars. Best of all, once most folks get a taste for self-actualization, they'll sacrifice physiological, safety, love, and esteem needs in order to keep tasting the sweet magnanimity of our media experience…

…Designers can tap flow's engagement, while demanding only a fraction of the dedication. In reality, we favor the challenges that make us feel we're accomplishing something profound. In this way flow states are immensely powerful. They can provide gamers all the joy of a life worth living, without any of the struggle.”

Many people suffer from delusions of grandeur. We want to feel important, and we experience intrinsic rewards each time we achieve success. But achieving success in real life is real hard! Do you know why the Grand Theft Auto series is so fun? Players always assume the role of a common criminal, but through a series of fun and non-life threatening illegal activities, they end up taking over the criminal underworld. And they do this in a matter of hours.

When we can achieve the kind of success that most people only dream about, we feel really good.  Who cares if it didn’t happen in real life? We tried hard and accomplished some incredible things, and for our brains, there is little difference between that alternate reality and this one. At least, not while we’re immersed in it.

Another important fun factor is the difficulty. No matter how beautiful, empowering, and intrinsically rewarding a game is it will not be fun if it is too easy, or too difficult. This can be a complicated balance to achieve, especially if your game targets casual and hardcore gamers alike, but there is no shortage of willing game testers out there, so be sure to stock up and get your valuable feedback while there’s still time. Just remember; as a gamer, I am legendary, but I also want to be challenged.

Finally, it’s important that your game immerses players in every way possible. The more genuine the experience is, the more immersed players will become. Make it easy to love the characters. Create a history for your game world that players have the option of exploring. Provide players with goals, and the freedom to pursue them.

Enter Skyrim. Here is a fun game. Self-actualization? Travel the land playing champion to the gods, putting an end to a civil war, and saving the world from the apocalypse by way of a world-gorging dragon? Yes, I believe Maslow would be pleased. Immersion? The HUD is almost non-existent, aside from a tiny and barely noticeable reticle and a compass at the top of the screen. There are books and scrolls numbering in the hundreds that detail the history of the world, and it’s various heroes and villains. Yes, it is quite easy to feel as though you are a part of the world, even allowing you the ability to shape the way events unfold. Is it difficult? Well, that’s a little tricky, but it represents the perfect opportunity to enforce the importance of balanced difficulty in a fun game.

The Elder Scrolls series has been packed full of glitches and bugs throughout its various installments. Some of them are frustrating, some of them are empowering, and some are just neat to watch. However, some glitches present an altogether different danger when exploited. There are various glitches that allow Skyrim players to become very advanced, very quickly. By advanced, I mean jumping off mountaintops and landing unscathed, or slaying giants with a single stab from a dagger.

This extreme distortion of difficulty will make the game very boring, very fast.

It is for this reason that developers try to patch these glitches as soon as possible, to prevent players from demolishing their own fun. It is not intrinsically rewarding to accomplish something when no obstacle you encounter is challenging. But we will pursue that vastly unbalanced advantage over our foes if a way is provided, because it is in our nature. We imagine how awesome it would be to kill a dragon by punching it in the face, until we’ve actually done it and we realize that we have relinquished the spirit of fun in exchange for unlimited (and unnecessary) power.

So what makes a game exceptionally fun? It should make players feel like they’ve accomplished something, and it should do this on a regular basis. It shouldn’t make them engage in the tedium of everyday life, ever. It should be challenging, but not to the point where they experience anxiety. It should be immersive, preferably to a point where it’s impossible to communicate with them if they are playing it.  

The most important part: all of these goals must be achieved without the gamers being consciously aware of it.

Mind Games, Part 1: Musical Meaning

Here’s a question that developers have been asking themselves for decades: “What makes an exceptional video game?” Does it adhere to time-tested game mechanics, or does it establish its identity through innovation? Does it rely on aesthetic value to capture the masses, or does it win hearts with its charming interface? Does it weave an incredible tale that connects players to their in-game characters on a multitude of levels, or do the players take an active role in weaving their own story?

The answer is yes.

It is a popular belief that video games fit the bill for artistic expression, so we could also apply what we know of traditional art in our search for the elusive “legendary video game.” One reason that so many people throughout history have enjoyed art, in all of its forms, is because it evokes an emotional response. How many people cried during the movie Titanic? Note that those tears were no accident.

There is something very psychological involved in the making of traditional and modern art, and the same is true for video games. Consider the effect of music when played in support of any theatrical performance. You may not have noticed because you were too caught up in the final loving exchange between Jack and Rose, but the most depressing scene in that movie was accompanied by some pretty emotional music. This should come as no surprise. Studies have proven that music has a verifiable effect on a person’s mood, be it positive or negative. Just take a moment to examine these examples of different types of music played for students prior to their exams, and you’ll understand why sad scenes sing sad songs.

In the case of video games, is it not safe to assume that an exhilarating, upbeat song with a fast tempo will get our adrenaline pumping during a high-speed driving pursuit? Is the story highly impacted by the music? To get a better idea of the efficacy of music in entertainment software, we’ll examine a few video games from history with an undeniably influential musical score, as well as the composers who worked on a majority of the titles.

• Final Fantasy Series (Composer Nobuo Uematsa)
• Metal Gear Solid Series (Composer Harry Gregson-Williams)
• Mass Effect Series (Composer Jack Wall)

Using these popular games as reference points, we can determine the effect of music on gameplay and story elements.

Seize by Immersion

Video games provide us with a means of escape from the daily grind. The more we can immerse ourselves in a video game, the more enjoyable the experience becomes. Unfortunately, immersion does not occur naturally. A solid story, an engaging environment, and believable characters are all elements that allow immersion to take place. A well-composed score will tie all of these elements together and provide players with additional sensory information that enhances the experience. Jack Wall achieves this with “stellar” results in the Mass Effect series. The cheesy 80’s sci-fi music featured in each Mass Effect installment creates an impression of mystery and allure that effectively plays on that part of the human psyche that thrives on the unknown.

Create a Sense of Urgency

Delivering retribution to the wicked is always more exciting when the onslaught is accompanied by invigorating music. If you’re an international spy infiltrating a military base with hundreds of guards armed to the teeth, you’re going to be pretty excited when they identify you and sound an alarm. In the Metal Gear series, the music doesn’t really pick up too much unless you’re in a heated battle with a boss or the alarm gets sounded. Harry Gregson-Williams’s use of tempo coupled with his orchestral arrangement aids in exciting players during combat. This leads to a slight burst of adrenaline, which increases overall enjoyment.

Once More, With Feeling!

Even video games are capable of creating magic moments. With the right mix of character personality, story build up, and musical mastery, games are capable of making players experience some pretty raw emotions. Gamers were so in love with the music of Final Fantasy VII that when composer Nobuo Uematsa joined the Los Angeles Philharmonic to perform the score, they sold out in three days. The score to that video game was so expansive and emotional that it was impossible not to be moved at several parts of the story.

Sometimes, a simple jingle will suffice. It’s important to acknowledge the casual gamer who just wants to have a little bit of fun. It’s probably not a good idea to invest half as many resources in the music and sound effects for a game like Sudoku as you would for a game like Skyrim. That’s not to say that casual gamers don’t enjoy the same qualities of an exceptional game that a hardcore gamer would. Here might be a good rule of thumb: the more story-driven your game is, the more resources you should invest in the music. 

IP Issues Worth Talking About

This week, we're going to close out the legal talk with some informative podcasts that any entertainment business or brand should check out. Each podcast focuses on intellectual property (IP) issues, including copyright, patent, and trademark law, as well as regulations surrounding trade secrets. A nice plus is that they all relate to entertainment software. Really, would it make sense if they didn't?

The first podcast is from attorneys Gordon Firemark and Tamara Bennet and is part of the Entertainment Law Update series of podcasts. I will warn you right now that it is quite lengthy, but still worth listening to if your a judicial scholar or entertainment professional. In this podcast, they cover numerous different cases and issues, with topics ranging from misappropriation of hot news to trademark abandonment. Also, they discuss the case of Brown v. Entertainment Merchants Association (I encourage you to read this opinion; it's long, but incredibly entertaining and informative), which concluded in a ruling that added video games to the list of mediums protected by free speech. That's a big deal, folks. But what really caught my attention was their discussion of the new anti-SLAPP law in Texas. First of all, good for you, Texas! What an anti-SLAPP law does is allow defendants involved in an IP lawsuit relating to freedom of expression to have the case dismissed before incurring hefty attorney fees. While the first amendment should suffice in squashing any litigation pertaining to freedom of expression, it's still always nice to save money!

The next podcast is a Lawyer2Lawyer podcast from attorneys Peter Goplerud and Clay Travis, and focuses on the suit brought against EA Sports and the NCAA by college quarterback Sam Keller in 2009. In this case, Sam Keller decided to sue EA Sports for using college athletes' likenesses in their NCAA video games. It's an interesting argument, because the NCAA has regulations against the exploitation of amateur college athletes for financial gain, yet they advocate EA's exploitation of these same athletes at the same time. At the time of this case, there was a lot of speculation as to how this might impact EA Sports and the NCAA if Keller happened to win the battle. Let's face it; we play these games because they put us in the shoes of some pretty awesome athletes that actually exist. Even the athletes themselves enjoy playing the games for this very reason. So we know that EA Sports would have a much more difficult time selling their games, and the NCAA would have to slap themselves on the wrist for violating their own regulations. More importantly, the colleges would have to begin taking some of the power back from the NCAA, to which they have basically given all control over to in regards to college athleticism. I'll just spoil the case for you right now: it was thrown out on the grounds of transformative fair use (Note the references to freedom of expression and Brown v. EMA in the article by Eriq Gardner). You can actually listen to EA's attorney bringing all of her legal know-how to bear right here.

The final podcast is a Suffolk University podcast with Peter Lando concerning IP issues relating to software. In this podcast, Lando discusses a number of different IP issues pertaining to software innovations, but the issue that really stands out is that of using open source in your source code programming. Essentially, this means trouble for any business intending to protect their software with patents, copyrights, or as trade secrets. The lesson to be learned here: be wary with works for hire, because some source code programmers may come with a mental vault full of open source code. This will essentially render your source code outside the realm of protection, even if a good portion of it is original. On the plus side, the USPTO is shifting towards a software mindset, and bigger companies are even going as far as patenting snippets of software code to streamline source code programming and gain an advantage over the competition. Also, he briefly discusses the case of Aristocrat Technologies, and the means-plus-function procedure that has been implemented to make it more difficult to secure patents with software.

There they are. I encourage you to check them out, because they are jam-packed with tips for business success to those with the right ears to hear them. For anyone interested in starting a business that will employ copyright, patent, and trademark issues (such as myself), they can be incredibly helpful. Case in point: I'm currently working on a business plan for a talent management agency that will employ proprietary software as a part of the management process. Lando's discussion about software and intellectual property, particularly the section pertaining to source code, was extremely informative for me. And, of course, the freedom of expression issues brought up by the Entertainment Law Update and Lawyer2Lawyer podcasts convinced me to delve into the first amendment and gain a more appropriate understanding of it. Honestly, I think everyone should be well versed with the Bill of Rights by now. I hope these legal talks have been helpful!

Activision-Blizzard: The Big Leagues of Intellectual Property Protection

While the entertainment software industry may seem like so much fun and games to the average consumer, there is a harsh truth underneath all of the fantasy and excitement: developers and publishers of these video games spend ridiculous amounts of time and money to protect their intellectual property, and they do so with ruthless precision. Activision-Blizzard represents a fine example of just how far a company will go to protect their copyrighted materials, patented methods, brand trademarks, and trade secrets.

Allow me to introduce you to Michael Donnelly and MDY Industries, LLC. Michael Donnelly invented a clever automation bot (robot) for World of Warcraft (WoW) called “Glider” that allowed subscribers to bypass the tedious requirement of actually playing the game during earlier levels, allowing them to come back after a meal or a movie to a character that has increased in levels and gathered a load of loot. Evidently, the demand for having your game play itself for you was higher than one might anticipate, as Donnelly went on to form MDY Industries, LLC, and licensed over 120,000 Glider bots to WoW subscribers.

IP Check: Who owns World of Warcraft?

If you said “Blizzard,” then you were right! As it turns out, Blizzard was not too happy about Donnelly essentially making a living off of their proprietary software. After dealing with hundreds of thousands of complaints from non-glider subscribers of WoW, Blizzard modified created Warden, software designed to detect hackers and bots, and also began focusing on the finer details of the WoW EULA, including the section that restricts licensees from using “cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the World of Warcraft experience.” 

IP Lesson: When you purchase a video game, you’re only purchasing the license to play it; you are not the owner.

In the end, MDY Industries kicked the proverbial bucket by circumventing these countermeasures and allowing licensees to do so as well. Donnelly and MDY Industries, LLC were found liable under the Digital Millenium Copyright Act, and the Glider and MDY Industries, LLC are officially no more. You can get the details here. I would say good riddance, but I think this particular attempt at protecting intellectual property may have been slightly trivial. However, preserving the intended experience for subscribers and ensuring that everyone is playing by the same rules is vital to keeping customers happy.

For a less trivial application of IP protection, we should turn to more recent events. Enter Defense of the Ancients, an Action/RTS mod for a Warcraft III expansion. Technically, DotA is in the public domain, as it was created and modified by a variety of authors, and is free to play. Now Valve is regularly updating their most recent creation, DotA 2 . But, wait! Wasn’t DotA a mod for a Warcraft III expansion?

IP Check: Who owns Warcraft III?

You can stop answering; these questions are rhetorical. Activision-Blizzard is pretty miffed about Valve’s presumptuous claim on the DotA trademark. While it’s true that Activision-Blizzard does not own the rights to DotA, the public at large has already made a direct connection between the two. It is on these grounds that the game publishing giant is filing its suit. I’m not sure how this will turn out, but I can see why Activision-Blizzard would be upset about the situation. While it’s not like them to make assumptions about intellectual property, who would have thought that another publisher would ever attempt to claim a trademark so largely associated with Activision-Blizzard?

IP Lesson: You cannot register a trademark that is already directly associated with an existing company. For instance, if I wanted to launch a new portable gaming device and call it an iBox, Microsoft and Apple would both be sure to take notice due to the i- prefix (commonly associated with Apple products) and the –Box suffix (commonly associated in video games with Microsoft’s Xbox console).

Of course, even a company as awesome as Activision-Blizzard can miss an obscure patent here and there. Did you know that Walker Digital, LLC has over 500 patents and patent applications in its IP portfolio? One of those patents is essentially a method for allowing game players to collaborate online for tournament play. Jay Walker believes that Activision-Blizzard and Zynga have both infringed upon that patent by releasing various games that allowed players to gather online for tournament play. It’s all in this document, if you want to read about it.

This scenario reminds me of those cyber squatters who register a domain name containing an unregistered trademark before the company using the trademark has the opportunity to register the domain name. Confusing, right? These cyber squatters then turn around and sell the domain name to the company at an inflated price.

IP Lesson: Thanks to the Anticybersquatting Consumer Protection Act, we don’t really have to worry about cyber squatters anymore.

What Walker Digital, LLC essentially did was patent an online business method that they really had no intention of following through on with subsequent products. Their goal was obviously to license this patent out to companies like Activision-Blizzard and Zynga, or to file suit when they felt said companies had infringed upon that patent. Walker Digital has since filed suit against over 100 companies for patent infringement. The decision will fall on one or many judges as to whether the patent in question pertains to an “obvious” business method, and whether the companies in question are truly infringing upon this business method.

So, for those of you who think the entertainment software industry is all fun and games, think again. Anyone will tell you that, insofar as business operations and intellectual property are concerned, where there is money, there will be legal battles. Activision-Blizzard is the number one publisher of entertainment software products in the world, and they defend that title day in and day out with an ever-increasing docket of lawsuits. My advice to anyone looking to launch a product or service in the entertainment industry: study your state and federal laws pertaining to Intellectual Property.

Skyrim: Shouting Brand Building From The Rooftops

Question: How can a video game that is criticized as "technically disastrous" also be lauded as one of the greatest games of all time, "blurring the lines between virtual and actual existence,"and shattering Steam distribution records? The answer could be that there are a great many discrepancies among gamer opinions that constitute what is or is not technically broken. It appears as though some of the complaints of glitches and bugs are anathema to many of the millions of gamers who have logged over 100 (and some over 300) hours in The Elder Scrolls V: Skyrim since its November, 2011 release, so there is at least one Venture Beat journalist who might want to rethink his definition of "disastrous." But even die hard fans of this most highly engaged video game franchise will tell you that The Elder Scrolls have never been polished to perfection from the date of release, so there must be something more going on here than just an excellent game.

Answer: Great product management. Ever since Bethesda released the first title of the epic Elder Scrolls franchise, Arena, the games have been steadily building momentum with each subsequent installment, culminating in the current blockbuster release that has so many fans immersed in their PCs and gaming consoles. Because this is a franchise that has made its way from obscure to renown over a considerably lengthy time, I believe it's a good game to exemplify some of the good, bad, and ugly approaches to product management.

What ever happened to Billboards?

We can begin by taking a close look at what Bethesda has done correctly. One important thing to consider is how, when, and where you will reveal your product to the market. When Executive Producer Todd Howard unveiled Skyrim at Spike's annual Video Game Awards, he was keeping these questions at the front of his mind. If you're a developer looking to increase publicity for your upcoming game, then you should also make sure it makes an appearance at the Electronic Entertainment Expo in June of that same year, as this presents some of the best media coverage you can hope to get. As an added bonus, why not do like Bethesda VP of Marketing Pete Hines did and have an image of the staple character or element of your upcoming game painted on the face of the Figueroa Hotel in Los Angeles, California - right down the road from E3. That will snag the public's attention, I assure you. Granted, this massive "Nord" is only representative of the world of Skyrim, which is heavily influenced by Scandinavian geography and culture. 

Nice new feature: Dual-Wielding

Which, of course, brings me around to some things that Bethesda could have done better. These are just some ideas for branching out and diversifying your product management and marketing strategies, because, the truth is, Bethesda did a great job managing this product. Still, many people who are unfamiliar with The Elder Scrolls franchise may be surprised to find that you can assume the role of one of a variety of imagined races, which is actually pretty neat when one considers that each race is fundamentally different in status, attributes, and abilities, creating a variety of options for gamers with different play style preferences. Skyrim offers players an unprecedented amount of freedom in terms of gameplay and story progression. There are numerous ways to incorporate this concept into a marketing campaign, rather than sticking with the same face and same scenario for every snippet of digital media that was advertised. Maybe Bethesda thought of that and rejected the idea for consistency. Considering there are many fans of the game who will not even play the main quest until after they have cooked up a mean herb and salmon stew and tanned a few leather hides, it's safe to say that there is more to this game than a barbarian out to severely punish some naughty dragons. When that's something that you know fans love the most about a game, you should work to include that in your advertising.

Of course, there is always the ugly side of product management to consider. I'm not sure what I would have done were I in Howard's shoes, but maybe keeping an 11-11-11 release date despite the many (albeit harmless) bugs and glitches that still plague the game wasn't the best idea in the world. However, no game developer will ever go home and crack open a bottle of champagne to celebrate a release date postponement. There is also the fact that consumer feedback will help you catch numerous bugs that the rest of your team might otherwise never have found, which presents the opportunity for some fresh and effective quality control. At this point, we must recognize the difference between an established brand with a large following (The Elder Scrolls), and a new brand that no one has heard of or played before. If you're working on the first installment of a franchise, I would recommend pushing that release date back to ensure the quality is up to par, rather than releasing with the obvious intention of patching - something you are evidently allowed to do when you have demonstrated a track record for success.

The Art of MoCap

As the entertainment software industry continues to grow in popularity, so too does the technology that streamlines the process of making video games. Such technology ranges from simple to use animation software like Zbrush that produces amazing results to enhanced speech recording software that syncs the audio to animations for unprecedented “lip-syncing” quality (check out Speech Graphics for more info on this juicy piece of technology). There’s also motion capture (or MoCap) technology that, as one might guess, uses various methods to capture a wide range of movements for translation to animations that creates a much more realistic and versatile character in the end. For those of you who do not yet know about motion capture technology, I have one declaration that may put your mind at ease: that rock your living under should completely erode away any day now, and you’ll have no choice but to greet the modern world.

So how does motion capture work? There are various methods, but the most common motion capture methods (up until recently) consisted of suiting up an actor and pinning “markers” to them that would be picked up by a camera or computer software. These markers are typically reflective for camera use, or LED operated for software detection. There is now technology that allows movement to be captured without the use of markers, such as Xsens. The goal is obviously to capture as many different movements of an actor as possible in a short amount of time and process that information for animating purposes. For those of you who are wondering how character animations in today’s video games (particularly with fighting and sports games) are so realistic, the answer is here.

Of course, when you have software that can capture the movements of people and create a stellar video game character from said movements, you need stellar athletes, dancers, martial artists, and gymnasts to get the best quality motion. So, for those of you who consider yourselves exceptional at any of the aforementioned physical activities, perhaps you should be considering a career in video games after all. There have even been motion capture artists who have launched formal careers in acting with motion capture roles. Have you ever heard the name Joseph Gatt? If that’s not familiar, then maybe you remember the name Kratos, the protagonist from Sony’s God of War series. Gatt is the actor that brought Kratos to life, and has since snagged roles in major motion pictures like Thor and the upcoming Star Trek II.

The advent of motion capture has brought about a new wave of management services, as well. If you’re looking for help in launching a career in motion capture acting, perhaps you should check out an agency like A-Max that specializes in managing MoCap actors. As I mentioned in my most previous blog post, it never hurts to have representation when dealing with entertainment contracts and negotiations, and you will have your fair share of both in this industry.

For a better understanding of motion capture and all its greatness, check out this video of iPi Desktop Motion Capture video (below) using Kinect Sensors featuring the "Scout" and the "Heavy" from Valve's Team Fortress II. Markerless MoCap is the new craze, after all.

A Brief Guide to Deal-Making

When working in any capacity in the entertainment industry, there are a couple important things to keep in mind. First and foremost is that you are not the only one who is good at what you do. There are so many talented actors, musicians, artists, and game developers out there that an attempt at counting them would be futile. You may be the artistic equivalent of Superman, but don’t let that talent go to your head, or you may just end up losing a killer deal to a super hero who has already learned a good lesson in humility.

The second thing to remember is that, when negotiating a deal, it may be best to distance yourself from those who would seek to capitalize on your talents. Under no circumstances does this mean that you should be absent from discussions that concern your future. It just means that, unless you’re already an experienced negotiator, you should probably consider hiring an attorney to smooth things out a little bit.

I recently had an interview with Counselor Alan Behr of Alston & Bird based out of New York. Alan served in the capacity of Chief Legal Officer at GT Interactive Software Corp. (Driver, Unreal Tournament) before it was purchased by Infogrames Entertainment SA and given the Infogrames moniker (IESA has since purchased Atari, as well, adopting the use of a more renown brand name to conduct their business and avoid brand confusion). Suffice it to say, he had a few helpful tips for those developers out there looking to score on a licensing or publishing agreement.

On the topic of gaining leverage during a negotiation, Behr says it’s important to know the answers to the following questions: “How badly do they want it, and how much are they willing to pay for it?” As a developer, if someone is looking to license your game, they clearly want it. It’s important to find the company who wants it the most and is willing to pay the money for it. Knowing the answers to these questions will allow you to get the most out of your intellectual property.

It’s also a good practice to stay focused on objective criteria during a negotiation. This doesn’t just consist of focusing on negotiation objectives or interests, but it also means doing your best not to be subjective in your approach. Behr stresses that it’s difficult to ensure that the other side will play ball when it comes to industry standards, so it’s best to be prepared when you’re at bat. Knowing what other developers get for their licensing deals will help you land a deal that won’t leave you embarrassed later on.

But what happens when you’re trying to make a deal with a genuine hardball negotiator? Maybe it’s best for you to fall back on a solid alternative. Maybe you really want this deal, and you’re going to fire back with your own dirty tricks because you think that’s the best approach. I’ll give you a hint: it’s not. Hardball negotiators will rarely make a deal with each other. I think it’s best to follow Behr’s advice on this one: “Absolutely, under no circumstances, should you let them rattle you. Just hang in there and keep a level head, and eventually they will lose steam.” Those are called “words of wisdom,” for those of you who are unsure.

For more detailed information on making a deal with a publisher, check out this article that Alan Behr and fellow A&B associate Katherine Wallace posted to the International Game Developers Association website.