Fast Jimmy wrote...
I'll ignore pretty much every point you made, Dean, simpy because this:
A shame, since I had other points.
Right. And losing a gamble isn't grounds to sue.
Losing a gamble isn't grounds to sue because there is legal precedent and regulations to make it so. There ARE no gambling for virtual goods legal precedent set, or laws created. It is a totally, as I said earlier, a Wild West industry.
Except we do have laws. We have laws on the nature and treatment of digital property, digital transactions, and digital gambling, and almost a decade of litigation and legislation related to the industry. Heck, microtransactions far predate the digital age.
This is less Wild West and more 'I don't believe the government has the right to tax me' because you're not familiar with the law.
Citing software copyright laws when talking about microtransactions is like citing regulations about selling fruit when talking about tobacco. The concept of vice and assuming consumer control is not even a serious discussion when talking about fruit... it is, however, insanely relevant when discussing tobacco. Coercing someone to buy a quick bonus or boost in a game is working off of a very emotional, non-logical form of thinking. Coercing them to buy software like Microsoft Office is much harder proposition to do, since they have no emotional or time-sensitive needs driving that decision.
Since you're using microtransactions to refer to the product and the process, citing software copyright laws (which are heavily related to the product) is completely relevant. Digital copyrights are a cornerstone of digital property law. Digital property rights is what DLC is about.
If you're trying to just talk about microtransactions as a financing process, then that's established in mundane financing and transaction laws.
You'll also be happy to learn that luxury goods and premium perks aren't considered a coercion for those who don't buy them. Coercion would apply if the consumer was being threatened or discriminated against on various grounds if they didn't buy the product... but not getting a product you didn't pay for isn't considered coercion, no matter how much you want it. There are centuries of American capitalism on this point, by the way.
To say "well, no laws exist now, so companies should exploit that while this is still the case" may be true... but one could easily also argue that if companies behave irresponsibly now and abuse the system simply because there are no laws, it sets legislators up to impose said regulations, when they might not have so before.
Except the one saying laws don't exist now is... you. Which is silly, since laws on digital property rights, online gambling and its variations, and financial transaction responsibilities have been on the books for some time now.
You're also using regulation as a catch-all boogeyman, instead of an applicable practice or policy that might not harm or would even help the industry players. Let's say the ultimate overreaction occurs, and Congress bans the sale of all downloadable content. Free stuff is alright... but no selling fake virtual digits.
Video game companies would
love that sort of law, because it means all games have to go back to disc. A digital-only game, after all, is downloadable content. Steam would be crushed overnight, gaming stores would see a return of customers, and developers could easily destroy the used-game market (and enable them to jack up prices) by giving 'free' DLC... to anyone who could show proof of purchase of the original game. Console companies would love this regulation so hard, it would be funny.
On a different level, say Congress does a limited ban of specific parts and practices- like grab bags, like the ME3 MP packs. The companies that did them stop selling random grab bags and sell other, static packets, and pocket the money they already made by selling random packs. The companies that didn't sell random packs because they 'self-regulated' also have to also restrict themselves to fixed packets... and they don't get to count any money from such practices, since they didn't partake. The regulation is a minimal cost, since the only way to incure it (by peopleselling grab-bags) was to profit from it. Companies that didn't, lost money by not taking their chance.
So you'll need to be a tad more specific about what actual regulations would entail before you use it as the boogeyman. Taxes? Already exist.
You can't say what suits won't be won, or settled, or thrown out by the Supreme Court with any level of true confidence because, while there are allegories in the world that share traits that make this quite legal, there are similarities to other industries, such as the vice industries I've mentioned, that make them rife for high levels of regulation. So no one knows... which makes it an inherently risky revenue stream to pursue, long term.
A couple of weaknesses here.
First, you started with an unfalsifiable premise. That's a logical fallacy, and saying 'the future is uncertain' is actually a poor argument for giving up opportunity in the immediate future. After all, the future is uncertain about whether good behavior will allow opportunity later.
Second, we do have grounds on what sort of suits will be won, settled, or thrown out with confidence. That grounds is 'precedence', and not only does the online video game industry have about a decade of it, but the legal concepts related to microtransactions (digital property, consumer responsibility, corporate liability for consumer consumption of a non-addictive product) have been hashed out over decades or even centuries. Corporations, and their lawyers, have a pretty good idea of what can go ahead or not- which is why they make you sign those big nondisclaimer agreements when you start a game or try to buy things online.
Third, your premise rests on principles with no logical endstate- selfdestructive and irresponsible consumers, lawsuits, bad publicity, and subsequent legislation. There is no reasonable way any corporation can avoid this, and it makes a very poor argument for any sort of commerce other than abstaining entirely. Why focus on DLC, and ignore a college student who failed college and life because he obsessed over buying the hardcopies of the ME trilogy for every gaming system? Should Bioware not sell N7 hoodies because someone with an obsession buys 3000 hoodies they can't afford? Aren't companies at risk of frivilous lawsuits if they go to a gamer convention and offer swag to the first 100 arrivals, prompting some fan to get in a car wreck while doing midnight driving through a thunderstorm to get there?
As the same pattern of bad customers, lawsuits, and legislation can be held over the heads of any policy, even reasonable ones, the argument doesn't hold much weight as there's nothing a company can do to avoid it no matter how well they behave themselves.
Fourth, you're using regulation as a boogeyman rather than how, specifically, they will be bad for business. Already hit that one.
Fifth, you've already cast the sale of digital property as a non-viable long-term process. In which case, short term advantage is all that matters. If no one takes advantage of the opportunity, it's never regulated but no one profits from it. If everyone does, it gets regulated but people got some profit from it all the same. And if some people do and some people don't, it's still going to get regulated but the short-term profits are just from those that did.
Also, manufacturing laws in California have no jurisdiction what you sell, but don't manufacture there. Microtransactions, and the problems they reflect, are 100% a selling/distribution issue. So a law affecting microtransaction in one state/country/continent would either require compliance if the company wanted to distribute/sell there or it would result in fines or abstinence.
Only in the state in question, and only as far as it doesn't interfere with the Commerce Clause. California's been hit for that a few times in the past, when it tried to pass from 'tax' to 'regulate'. Changes in California also haven't exactly dominated the rest of the US, let alone the industries.
Modifié par Dean_the_Young, 29 novembre 2013 - 06:12 .