Communication: Essential to Problem-Solving as a Group

Scream Blame to Lose

It’s hard for me not to think of League of Legends as a social experiment: Five strangers, thrown together to solve a problem (made up of a series of problems). Sometimes it works incredibly well, other times, it goes incredibly poorly. I still don’t know if the single most important factor for success is execution or communication, but I have learned that communication matters a lot more than I initially thought it would.

After thousands of games, I have noticed some unsurprising patterns: optimism, clear and specific communication, and goal-oriented planning are consistently effective; negativity, blame, malice, and angry generalizations routinely lead to failure. While some games can be won with relatively little communication at all, I have seen negative communication cause losses that would not have happened amid total silence.

Like a lot of Americans, I’ve been reflecting on the most recent election cycle. As someone with an interest in language, political science (the effort to describe and explain political phenomena), the effect of media on individuals and society, and a little US history, I am particularly struck by the current state of political discourse in the US.

A Nation of Arguments

The USA is a weird country from its inception. Before, during, and after the Revolutionary War, the country was arguing- constantly and continually- about the correct decisions for its political structure. What makes this weird is not that there was disagreement among the revolutionaries—every revolution has factions some internal struggles. What makes the US peculiar is that the revolutionaries kept debating, writing, and arguing. For years. Decades, even. They didn’t kill each other (except Burr v. Hamilton?), they didn’t just decide the other side was too stupid to see reason and give up, and they didn’t quit. This pattern for ceaseless debate and argumentation was the hallmark of US politics until about 1852, when the last two really great debaters and negotiators (Clay and Webster) died—and the nation plunged into Civil War less than a decade later.

But despite ongoing differences in an ever-expanding nation, the Federal government continued to debate and argue until they found a way to work together. Throughout most of the 20th century, Congress was divided into Red and Blue teams, but those teams repeatedly worked together for the greater good of the nation.

Echo Chambers and Intolerant Vitriol

It’s always hard to tell how your own time period compares to the times you never experienced. But I think there’s some objective evidence to support the claim that the US is more divided than it was at any time in the 20th century—and maybe at any time outside of its civil war.

There are a lot of problems and concerns facing the American people and the US political structure. Though it appears less immediate than some of those problems, I am most concerned about the condition of discourse. I am most concerned about this because it is an indispensable tool for politics in the US. If citizens and politicians cannot (or will not) rise to the level of the first 100 years* of political discussion and effort, I don’t know how much of America (as ideals, laws, political norms, etc) will survive the next few years. I am concerned about the future of a nation founded on debate and compromise that has no capacity for debate and no tolerance for compromise. I don’t know what comes of an America that loses its ability and willingness to doggedly wade through complicated political issues to reach understanding and compromise. If the past is any indication, it looks like 1860-1865.

I hope I’m just being an overly- anxious alarmist. I’ve had plenty of games where communication broke down, but then recovered.

 

*Let’s be real: it was not all sunshine and roses. Jefferson v Adams is up there in for the dirtiest smear campaign in US history. And the only assault of a US Senator, BY a US Senator, on the SENATE FLOOR, happened just before the Civil War. I don’t want to over-romanticize the past.

Law Without Accountability is DOOM

St. Thomas Aquinas wrote that there are four essential components to the concept of a law: 1) an ordinance of reason 2) for the common good 3) given by the entity who has charge (or authority) over those subject to the law, and 4) promulgated, so that those subject to the law are aware of the law. For example: It would be an ordinance of reason, for the common good, for government to promulgate rules against turning humans into demonically possessed hellspawn when you are supposed to be mining supernatural energy from the bowels of the underworld. It seems so obvious- so what happened in this year’s reboot of the classic game DOOM?

Aside from a contract with the rulers of hell, it doesn’t look like there’s much law in DOOM. Though there are several types of law from a certain perspective, the absence of common legal structures is both understandable and important.

Lessig’s Four Flavors of Law

In an effort to explain the problem of copyright infringement in the context of the digital era, Lawrence Lessig suggested that there are really four categories of law: statutory (the laws “on the books”), economic (market incentives and disincentives), cultural (social norms, traditions, etc), and architectural (limits of physical possibility). Through this lens, we see an abundance of law in DOOM.  Each of the four main characters presents each of these types of law:

VEGA, the non-judgmental AI Architecture

Created by Hayden, VEGA is an artificial intelligence that monitors and operates the facility. He explains state of affairs and limits of possibility and explains the architectural laws that govern the situation they face. VEGA does not have his own agenda, but only wishes to serve by providing factual information.

“Dr.” Samuel Hayden, Economics and market

The President and CEO of the Union Aerospace Corporation, Hayden is concerned with the economic impacts of the Doom Slayer’s choices. The massive loss of human life at the facility is secondary to his focus on efficiency and scientific progress.

Olivia Pierce: Corporate Cult-ture

The antagonist Olivia creates and enforces cultural law throughout her cult and her corporation. Hologramatic announcements and documents gathered in the game reveal the overlap between Olivia’s demonic cult and the corporate policies and guidelines at the UAC. Presumably, Hayden allowed this culture because it served his economic interests. Olivia maintained this culture because it served her interests of climbing Hell’s social ladder… or descending into Hell’s cesspool. I don’t know how that metaphor works for demons.

The Doom Slayer: Statute, Adjudication, and Enforcement

The Doom Slayer is the embodiment of statutory law. He is there to fix the runaway obsessions of cults and markets. He is there to ensure a fundamental floor of safety. As a bonus, he’s going to take care of the enforcement, too. In the first iteration of Doom, the player was a Marine stationed on Mars as part of a United Nations force. In this year’s version, he is an eternal killer of demons. In both versions, his purpose to ensure the safety of humanity and balance the risks and dangers of the UAC’s activities. His role is both to decide what the rule should be, and then ensure that the rule is followed.

 

Energy Law: Laws of physics, laws of people.

The core principle behind energy law is preventing energy extraction and distribution from wrecking needless destruction. Energy law works closely with limits of science and technology, and recognizes certain risks and dangers that are likely or inherent in certain situations. This is why there are rules about where and how oil companies can drill, or what levels of hazardous emissions are permissible for factories. Laws have to be adapted to the relevant circumstances. Sensible energy policies facilitate the extraction, processing, and use of fuels while minimizing risk and harm to the environment and humanity. In DOOM, this might include regulations and safety measures against unleashing extra-dimensional monstrosities upon mankind.

 

Conclusion: The Need For Enforcement and Monitoring.

Americans tend to fervently and piously believe in law as an institution – and that belief alone goes a long way to creating a stable society. However, the mere existence of a set of laws is not enough to bring order or safety. The laws must also be followed and enforced. Having laws that permit or forbid actions isn’t enough to change how people feel about the subject matter. Without proper enforcement, people will just act in whichever ways seem most convenient.

Upholding the law isn’t just abiding by it individually – it’s also the social effort of maintaining institutions and practices that hold people accountable. That’s why we monitor, audit, and certify. Someone needs to actually go check secret laboratories for secret underground catacombs for ritualistic sacrifices and 10-story high cyberdemons. Rules against opening up transdimensional portals to fulfill blood contracts with demonic powers are an important start, but they are not enough. Even obviously important laws can be ignored, and they are likely to be ignored if there is no enforcement or accountability.

Getting an MBA from the University of Auir?

Real Time Strategy games have a lot in common with business practices. The core of both is managing limited resources and making strategic decisions to achieve select objectives. Although the execution of the strategy is the obvious part of the game, Starcraft II rests on theory-crafting, timings, build paths, and strategic decisions.

Businesses – from industrial machinery manufacturing to food and entertainment services – have to consider the strategic advantages of short-term or long-term plans, organizational structures, short- and mid-range objectives, budgetary allocations and constraints, and adequate staffing. Real time strategy* games require consideration about long-term strategies, allocation of resource-gatherers, timing an expansion or an upgrade, investing in buildings or unit production, and monitoring army size and strength. The micro-decisions that appear, on the surface, to comprise the core of the game- tactics, when and where to move armies,  grouping and splitting, and so forth- are actually secondary to the  broader, macro-decisions.

Business is also concerned with the potential decisions of competitors, as well as customers and markets.  Business tries to anticipate the decisions of other forces and position accordingly. This involves some risk taking, but that riskiness is mitigated by a strong understanding of the competitor and the market. Competitive games like Star Craft II also center on anticipation and strategic positioning, and the risk involved is mitigated by experience and game knowledge.

I noticed these similarities while reading a series of business emails as executives debated making an  upgrade to their facilities and equipment. The discussion sounded strikingly similar to the internal dialogue I hear when deciding to upgrade or expand in an RTS. There were all of the considerations about the risk and cost of an immediate investment, but the undeniable fact that the action would be indispensable in the long-term. It isn’t surprising that this similarity exists: The basic concepts of opportunity cost, risk, return on investment, and long-term planning are part of everyday life. But the similarities between executives discussing a facility upgrade and a player deciding to build another base were just too uncanny to ignore. It made me wonder to what extent strategy games can prepare a person for the business world. My assessment is that if the player engages with strategy games with a methodical, process-driven paradigm, the gap is closed substantially. The fundamental essence of business is having an organized structure and process for managing resources towards a goal. Professional gamers strive to achieve exactly the same thing.

Oh, and also:  jargon – I can’t discount the role of jargon. Both business and gaming have a lot of jargon that sounds stupid, nonsensical, and pretentious to anyone outside of the practice. Often, jargon captures meaningful, actionable concepts, but it is nevertheless a roadblock to being taken seriously by those who don’t already understand and appreciate the language.

 

*Most of this also applies to turn-based strategy, but Heroes of Might and Magic 5 is a lot less thrilling to watch than Starcraft II.

I’m Betting That Overwatch Loot Boxes Aren’t Gambling (under 31 USC 5362)

Disclaimer: As with all of my posts, this is NOT LEGAL ADVICE. This is academic analysis on a subject of law – and I don’t even have a good tool set (WestLaw, Lexis, etc) for that.

Introduction: Micro Transactions and Loot Boxes

The business model for free to play games is to include micro-transactions for aesthetic, trivial add-ons. For Counter Strike: Global Offensive, this manifests as the opportunity to pay a few dollars to buy a key to unlock boxes which are randomly distributed during play. Paying to unlock a box gives a play a random chance to receive aesthetic enhancements for a weapon (a “skin”). The rarity of the skins varies widely. Some of the most rare and prized ones are occasionally sold on eBay (or other 3rd party sites) for over $1,000.*

The question is: Are Loot box systems gambling? What about cereal boxes, TCG booster packs, or other things that allow children to participate in contests involving chance?

Some internet-folk grew a discussion thread to eight pages on the Overwatch forums discussing this topic, and not a single one of them reached for a legal definition of the subject at hand. People just talked about how they felt about the subject. Apparently, it takes a law degree to find the first search result on Google. Law has some flexibility – and that makes these questions difficult-, but there are rules, people!

What is the Definition of Gambling?

(For simplicity, I removed references to Insurance, Commodities, and Securities.)

31 U.S. Code § 5362 – Definitions

(1)Bet or wager.—The term “bet or wager”—

(A) means the staking or risking by any person of something of value upon the outcome of a contest of others, a sporting event, or a game subject to chance, upon an agreement or understanding that the person or another person will receive something of value in the event of a certain outcome;

[Lotteries and gambling administration]

(E) does not include—

[Insurance, Commodities or Securities]

(viii) participation in any game or contest in which participants do not stake or risk anything of value other than—

(I) personal efforts of the participants in playing the game or contest or obtaining access to the Internet; or

(II) points or credits that the sponsor of the game or contest provides to participants free of charge and that can be used or redeemed only for participation in games or contests offered by the sponsor; or

[Fantasy Sports]

Analysis: Winning the Gamble Must be Distinct from Winning the Prize

The real key is in part (1)(A): “upon the outcome of a contest of others, a sporting event, or a game subject to chance, upon an agreement or understanding that the person … will receive something of value in the event of a certain outcome.”

Let’s take three examples that are not legally considered gambling: buying TCG booster packs, putting random prizes in cereal boxes, and… *sigh* there are a lot of reasons I don’t want to mention a certain online service that sends subscribers monthly boxes containing a random assortment of goodies… but imagine that such a thing exists.

My best guess** is that the law requires the “certain outcome” and the prize (“receive something of value”) to be two different and distinct things. In the case of cereal boxes and booster packs, the “certain outcome” is the prize. There is a chance of getting a Holographic Charzard, but winning only means getting the Holographic Charzard. You cannot “win” the card without, at the very same time, having the card: winning the prize always already entails having the prize.

In contrast, consider some examples that are legally considered gambling: slot machines, lottery tickets, and blackjack. In each of these cases, the outcome entitles the player to a prize: the slot machine dispenses quarters (“makes it hail”) as a result of the outcome. For a slot machine, the outcome itself is only a sequence of matched cherries or bars; for a TCG booster pack, the outcome of opening a pack is having a stack of cards.

This distinction may seem pedantic or petty, but it allows people to play games of chance without involving money. It allows people to play poker among friends for no money, or to made idle wagers for fun. It allows Disney to sell boxes of figurines with one shrouded “mystery” figurine included and it allows schoolteachers to play “Science Bingo” in class. It’s a tiny distinction that allows a lot of innocent behavior.

Application To Loot Boxes

However, there is still an interesting metaphysical investigation required to conclude this legal analysis: is the opening of a loot box like the opening of a booster pack, or is it like playing a slot machine? Is it actually two different events, or only one? Does the computer run the RNG when it is unlocked, and then determine the prize based on the outcome of the RNG? Or does the loot box already “contain” the prize before the opening?

Blizzard already told players not to bother hoarding loot boxes in the hope of getting future skins, because the contents of the box are already determined when the box is given to the player. If this is true (and if my guesswork-analysis is correct) then there is good reason to think that loot boxes are not legally considered gambling under 31 USC 5362.

I don’t know if a judge would actually go to this level of technical granularity, but there has been a long-standing debate about whether electricity should be legally classified as a “good” or as a “service” – and the distinction relies on a scientific understanding of whether you are being given electrons at your home, or just having your electrons vibrated. It seems like the order of operations carried out by a computer program is somewhat of a macro-level question than the movement of sub-atomic particles.

 

*A tiny cottage industry grew out of this: 3rd party websites that allowed people to wager their digital property from Valve’s game. Several of these sites were recently issued cease-and-desist letters after one of them was revealed to be promoting itself under false and misleading pretenses on YouTube.

** I looked around, and was surprised that I didn’t find a case, law review article, or law that dove into this issue with more specificity. I suspect that there has been a case about this, or at least an article – I just don’t have access to a law library right now.

Watching Over Copyrights and Brands, Part II

You can protect a brand in a lot of ways. You can wave the law around like a sword, or hide behind it like a shield. Or you can not worry about using the law to your advantage and just make a product that others can’t top. One of the most fun things about law school was learning about all of the ways around the law – not breaking or circumventing it, but bridging over the gaps and cracks. Gaps and cracks happen most when the law hasn’t kept up with culture or technology, which is where I think the law is most exciting and interesting.

One of the most genius aspects of the overwhelming media hype-package of Overwatch is the way it manages concerns for copyright and trademark infringement. Blizzard achieved a level of branding and promotion that reduces their concerns for infringement. Overwatch is inimitable. That doesn’t make it invulnerable, but it might be the next best thing.

Junk from Rats Can’t Hurt the Bastion of the Marketplace

Even before I ever visited New York City, I knew that people sold cheap, counterfeit Rolexes on the streets. Having this explained to me as a child is also how I heard about Rolex, incidentally – and learned that it was different from Rolo. I always thought it was interesting that everyone knew about this black market for counterfeit goods, but no one seemed extremely worried. I think one reason for the lack of concern is that Rolex knows they won’t go out of business because of cheap knock-offs.

The best games, from the biggest studios­, have less to worry about when their IP is infringed or “heavily borrowed.” Dominating the games market is less about legal force than it is about marketing and loyalty. For one thing, Activision can’t claim copyright over the concept of a military-shooter and force other studios to not make games that compete with Call of Duty. So Activision makes Call of Duty a brand, because brands command loyalty. A given Call of Duty game may be worse in every respect to a competitor’s game, but fans will still choose the inferior product because of its franchise. (This is one of two reasons anyone rooted for the Cubs from 1945- 2015.) Blizzard created something powerful: a genuinely superior product that commands tremendous brand loyalty.

Just Palette-Swap For A New Game! Sounds Pharah- don’t you McRee?

Of course, just because no one can succeed in really ripping off Overwatch doesn’t mean people won’t try. League of Legends had this experience, also. Generally, game knockoffs like these are about as much of a concern as e-mails from dispossessed millionaire Nigerian princes. It’s a reprehensible practice that creates clutter and will accidentally trick some people, but they aren’t going to displace the original.

Companies can compete with Overwatch, but they can’t replace it. The entire experience is too complete and interconnected. No parasitic effort can trick a gamer into thinking they have the real deal, no one can deliver a superior version of the same experience, and no one pull more brand loyalty in online gaming.

Leaving your Trace(r) Mei Show that You’ve been a (Road)Hog, and You’ll Get No Mercy

Although Blizzard won’t feel the financial impact of the feeble efforts of clones, there are things that can still undermine the game. For example, a company could make an add-on that allows players to cheat at the game. Of course, a company called Bossland did exactly that. Rather than simply ban the players who use this add-on (per violations of EULA and ToS agreements), Blizzard has gone after the makers of the program – who are super proud of what they do.

I am a little bit surprised that they cite copyright infringement in their claim. This is interesting because it seems well outside the scope of traditional copyright law, but copyright law has been slowly evolving in the last decade. I think the technical details of how Bossland’s program interacts with Blizzard’s game could be essential to determining if applying copyright law is appropriate. After the recent ruling in Google v. Oracle, courts are more likely to find infringement just from making two programs talk. (The fair use defense that saved Google is not going to help Bossland.) In this case, it seems extremely likely that Bossland had to access and take (or manipulate) some of Blizzard’s code, which may be enough for infringement. But the ways that 3rd parties can interact with programs is still an interesting question for copyright law to resolve.

Regardless of the copyright claim, I think the other claims made by Blizzard are plenty strong enough to win, so I don’t think a court will end up going into detail about it.

Watching Over Media and Brands, Part I

More than any game I’ve ever seen, Overwatch is a multi-media, total brand experience. The trailers for the game could compete with Pixar shorts in every respect. The game is supplemented with comics, toys, and a professional eSports scene. It sets new industry standards in showmanship, advertising, and storyline. This is a lot more than just a video game. This is the new model for integrating a concept across every medium and platform to reach every possible audience in every way. This isn’t just the new benchmark in video games. This is the blueprint for every successful future entertainment product. Blizzard understands “today’s media landscape” as more than a business-boardroom buzzword. Other industries also have successful examples of dominating multiple platforms, though none quite on this scale.

Today’s musicians can’t get away with merely releasing music. They need to tweet and vlog, and most crucially, they need to do live performances. Katy Perry recently set the record as the most followed person on Twitter, even though publishing 140-character quips was never in the job description of a musician or a pop star. Similarly, writers can’t just write books anymore- they need to write about their writing, and then talk about writing about their writing with other writers who want to talk about talking about writing. John Green aspired to be a writer when he took a job doing data entry at a publishing company. At the time, he didn’t hope to become a transmediaplatformleader-we-don’t-have-a-word-for-this-thing. However, his understanding and use of YouTube and Twitter allowed him to promote his young adult fiction beyond what a traditional book publisher would imagine. His new media fed his career in the old media, and vice-versa. (And compared to Twitter and YouTube, video games are old media.*)

Movies won’t succeed just by creating more epic battle scenes in 3D to justify the expense of going to the theater. They need to change the experience in more fundamental ways- they probably need a smooth integration of social media, but they also need some interaction the viewers can’t get outside the theater. They need to learn what Prince knew: you can’t get the live-show experience sitting alone in your home. One way movies could adapt to the 21st century is to turn an evening at the movies into a kind of social event, akin to a concert, sports game, or convention. Another way is to make it an even more technologically-driven experience, with augmented reality or virtual reality – a kind of entertainment-themed, futuristic, individualized experience like a museum or library. That is a lot more expensive, though, and all of the theaters near me just spent a lot of money upgrading their seats.

The media channels of the 21st century aren’t just more avenues for information – they are layers of information interacting with the other layers. Television programs and movies also have to adapt to the way consumers use the newest technology. Adaptation looks like spreading out- growing to cover a larger area – but it’s also about moving to new places entirely. Entertainment has to infiltrate and flow through multiple channels. It also still relies heavily on sponsorship in many cases, which means advertising also has to be integrated across these media.**

There are other ways of adapting, such as just adding alcohol to a bookstore.  Don’t rule anything out, I guess. Especially if you don’t think anyone under 21 even knows about your store or your product, anyway.

 

 

*Not that video games are mainstream yet. My Facebook newsfeed recently informed me that Torbjorn was set to be “‘nerfed’ for consoles in future update.” The word “nerfed” was in quotations, which tells me that mainstream journalists don’t know what it means and don’t think it’s a word. (Or they’re very conscious about not genericizing Hasbro’s trademark, even though that trademark is, strictly speaking, in all-caps.)

**The alternative to advertising is some form of upfront pay-to-play, which is what Overwatch did.

 

 

Her Data Is Part of Her Story, But Her Story is not Just Her Data.

Her Story” is a great example how piecing together bits of information can create a picture of a person or an event. It is also an example of some of the limits of that picture.

Hack Her Data, Hack Her Story

Her Story” is difficult to describe or classify as a game. It’s a little like trying to find and organize the pieces of a detective novel. The game doesn’t give the player a lot of direction; part of the game is the discovery of the game itself. The game allows the player to search a police database to find short movie clips from several police interviews with a woman. No context is given for why the woman was interviewed or why the player is searching the database. However, by finding and watching the clips, the player gains clues that allow new searches. This cycle of searching and information is the core mechanic of the game.

Hacking to Learn

Hacking can mean a lot of things, but it is broadly about investigation (sometimes, it is an investigation that is against some laws). It can be done for a wide range of reasons and can take many different forms, many of them legal– or even a legitimate business. Regardless of the specific details, hacking always involves exploring the possibilities and limits of a system in order to learn or discover something. In “Her Story,” the hacking is learning what the in-game database can find that will help the player piece together a coherent string of events and characters.

The Limits of Hacking

Even after hacking together all of “Her Story,” something about the picture is incomplete. Why is the player watching these interviews? The game gives the player this answer after piecing together enough of “Her Story,” but hacking a person’s data doesn’t necessarily answer all of the questions about that person. For most criminal hackers, the pieces of data have enough of the story: credit card numbers, bank accounts, social security numbers, addresses, birth dates, etc. Sometimes we need more than a collection of data about a person, and those are often cases where believing data too blindly can cause problems, from legal decisions in courts or policies to judgments in our interpersonal relationships. As mountains of data pile up for each of us, the temptation to describe and explain people using that data also grows. This data has a lot of appeal because it can measure and evaluate some things very effectively. This effort to make life more efficient comes brings at least two potential drawbacks: First, the data can be misleading in myriad ways, and second, the data seems so powerfully scientific and sound that questioning it (or its interpretation) can become almost taboo.

Her Story

There will always be hackers trying to steal financial information and identities. But that threat is known and recognized, so experts fight against it and consumers take protective measures. The data we give to companies and employers and government is riddled with pitfalls, and blind faith in big data will amplify those problems. In “Her Story,” twists emerge as the player pieces the plot together. After enough of the story is pieced together, the game asks the player if “you understand why [the woman] did what she did.” I’m not sure any collection of data can ever really answer that.