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Quote:1. As an attorney, you're held to a higher standard when it comes to legal advice or statements. You know, as a matter of law.What I find funny about these fights over the law is that none of the real life lawyers that I know who play this game, ever comment with such certainty on legal matters. There are far too many variables to be sure how this would play out. And I wouldn't even start the research to render an opinion for less than a $1000 retainer.
Edit: if any one is interested, PM me if you're in Illinois.
2. What the law says and who would prevail in court are two separate things. Murder is illegal. Murderers go free all the time. That doesn't mean sometimes murder is legal. It means sometimes courtrooms are more about the lawyers than the law.
What copyright law says about what NCSoft can and cannot legally assert is pretty black letter. What a courtroom would decide is another matter, because they could interpret the law in a novel matter or they could attempt to in effect create new law by setting a legal precedent which modifies the interpretation of the law in a way that would be upheld by higher courts.
I could sue you for mental anguish for using too many smileys in your forum post. I'm sure most lawyers would say that was ridiculous. I'm sure almost no lawyer would bet their lives on the result of the suit. -
Quote:Two more AE confessions:So THAT's what happened that one time! I couldn't make heads or tails of what I had just seen! (It was a crowded fight in one AE mission and I didn't see it clearly enough to get the bug to repeat).
Always wondered why it looked like my character had attempted to perform a Transformers "transformation pirouette" and failed in the middle!
CYBERMAN 8: "RRrrrrraaaUNCH...aaaUNCH...aaaUNCH...aaaUNCH. .. OW... OW... OW... MY BACK!!!!" *DIES*
O.o;;;
First: what you're seeing here: http://www.youtube.com/watch?v=RT_fnT_qnaI is the umpteenth time I tried to spawn these guys to fight. The biggest problem is that regardless of what you think you're seeing, the game engine sees Hamidon as a tiny entity at the nucleus' base. So they would often spawn in a place like behind a tiny crate and be unable to shoot at each other due to not having line of sight.
Second: what you're seeing here: http://www.youtube.com/watch?v=Q66O0R4H2-4 is pohsyb using a dev-hacked mega-controller attempting to take on my original early beta test version of the Scrapper Challenge mission which involved six chained custom ambushes. The confession: pohsyb thought I was going to help him take on the mission. I thought I was just going to watch him die. One of us turned out to be wrong. I only started attacking after he dropped dead. -
I'm probably responsible for half the stuff you *can't* do in the AE. I would set up bizarre missions then tell pohsyb "check this out" and then he'd say "I don't think you should be able to do that" and then pthhthhh next build you couldn't do that.
Like spawning Hami bits in the AE, spawning archvillain escorts, making missions with tons of ambushes - hey, did you know that Hami mitos *aren't* intrinsically immobilized? When you spawned them in the AE you could knock them around.
I also got the mergeable Herc titans removed because they would sometimes merge with the *player*. I can't find any video of it, but if you spawned them as friendly and then got one damaged, 50% of the time they would decide to merge with the player instead of his partner. You'd stop what you were doing, turn, execute the deceive animation, then die and become invisible while the Zeus spawned on top of you.
I think they should have just granted you a Zeus costume effect and allowed you to continue on. For some reason, that suggestion was not adopted. -
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Quote:For me the biggest what-the-hell-devs aspect of that was that you could gain energy from it. So, a spammable AoE that builds energy you could use to spam AoEs.I used to have a character with Gigabolt: Death Arc. I remember picking up Death Arc and going into an open mission on Monster Island, and I suddenly had a zillion animal people on me all at once. So I spammed Gigabolt and suddenly the mission was over and I had top score. People who had played through each step of the mission were miles behind me in points.
I actually did feel a bit bad. I think Death Arc's been nerfed since then. It was way too good. Better even than mini mines were during the first month live.
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Quote:The letter of the law says I can make that game. I own the copyright of anything I create, and that automatic copyright protection by virtue of authorrship cannot be transferred to NCSoft by EULA, for the simple reason that black letter law says ownership of creations cannot be transferred except specifically, and in writing. "Everything you make in the game" is not "specifically" and copyright law was explicitly written to protect against such transfers.Scenario: Arcanaville is a popular CoH forum poster. She decides to design a new video game that competes with NCSoft, and names it "Arcanaville" in order to trade on her popularity. Can NCSoft stop her by claiming that it owns the name "Arcanaville" on the grounds that it was her forum ID and/or character name?
Answer: Almost certainly not. The most they could likely do is take away her forum ID or character name, if she was still using them. They own the "Arcanaville" name exclusively in terms of their own servers and the CoH world.
A bit of a greyer area would be if they had created their own game named "Arcanaville." That would be getting into an issue I'm not sure has ever been tested. How much ownership, for example, does WoW have over "Leeroy Jenkins?" I don't know that anyone has an answer. Regardless, unless you are Arcanaville or Leeroy I doubt you have much reason to worry.
On the other hand, they could also make that game. I did extend to NCSoft a non-exclusive right to use my creations for any purpose they wish. That's *not* prohibited by copyright law. So NCSoft could use my forum handle, my character names, and my characters themselves to market some new game if they wished.
Also, I'm not sure why people think deleting their characters terminates those rights. Once that right to use was granted, deleting the bits on their servers does nothing to amend that right. They could restore your characters from backup if they wished, and still use them. Its only an interesting action to delete your characters if you think NCSoft doesn't back up anything and deleting the characters made them permanently unreachable or unusable by NCSoft. Which I think is unlikely, given they permanently log everything that happens on the servers.
Quote:EDIT: I should add something to the last item here. The reason NCSoft probably would not risk directly cloning any individual character is that there is some possibility the creator either had a trademark/copyright on the character outside of the game, or even that the character was a ripoff of a trademark the player never owned. Because of this I'm not sure if there has ever been a case of a MMO deliberately thefting a player's character. What probably has happened is MMOs creating new characters who are very similar to at least some of the player characters, but this is not a violation (in fact it's part of why they make you sign a EULA, so you can't claim Desdemona is a clone of your character, "Hotpants Demon.")
I agree its unlikely this would happen, but legally it can happen.
This is the relevant part of the EULA:
Quote:(b) You acknowledge, and further agree, that You have no IP right related to any Account ID, any NCsoft Message Board ID, any communication or information on any NCsoft Message Board provided by You or anyone else, any information, feedback or communication related to the Game, any Character ID or characteristics related to a Character ID, any combination of the foregoing or parts thereof, or any combination of the foregoing with any Service, Content, Software, or parts thereof. To the extent You may claim any such IP right(s), You hereby grant NCsoft a worldwide, non-exclusive, no-charge, royalty-free, sub-licensable, perpetual and irrevocable license and full authorization to exercise all rights of any kind or nature associated with such IP right(s), and all ancillary and subsidiary rights thereto, in any languages and media now known or not currently known. Your license to NCsoft includes, but is not limited to, all necessary trademark licenses, all copyright licenses needed to reproduce, display, publicly perform, distribute and prepare derivative works of any such IP right, and all patent licenses needed to make, have made or otherwise transfer, use, offer to sell, sell, export and import related to such IP right(s). In addition to the provisions of Section 13 below, You further agree to defend, indemnify and hold harmless NCsoft with respect to any claim by third-parties that any such license to any such IP right(s) misappropriates, violates or infringes any third-party IP right or other proprietary right. -
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Quote:Sometimes, yes. Everyone has to decide for themselves how much their desire for free expression overrides their desire for some end result that speech may act counter to.So, in order to "help", I need to stifle my first amendment right to free speech.
It has nothing to do with rights. Separate from the technicality that the constitutional right to free speech is legally inapplicable here, the right to speak our minds does not compel everyone to exercise it in an unlimited fashion in order to validate it. We still have to decide if our speech acts within our best interests and act accordingly.
Incidentally, there is no right to free speech in the US Constitution. The first amendment stipulates the government itself cannot restrict free expression. It does not say we have a right to free expression, as it does not prevent non-government entities from restricting expression. -
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Quote:It seems that way at times. Hmm. This is probably going to seem like bragging. Ah well, who cares now, right?What do you actually do, professionally? If I were to guess based on your post history, I would have to say ... everything.
I'm an information systems consultant, and in that capacity I've specialized in a number of different areas over the years. You might say picking up specialties is my specialty. I've been a network engineer, a security systems integrator, a remote application engineer, a corporate auditor, a PCI advisor, a software designer and programmer, a virtualization specialist, blah blah blah.
The net result is that I find myself working for a wide range of customers, and I'm forced to learn what they do. Banks, hospitals, airlines, nuclear power plants, the military, property management, retail. I also have a very strong background in science, engineering, math, technology, and enough trivial pursuit wedges to make it easy to talk to clients regardless of their field of industry. If you take the time to sit down and listen to your customers, not only will you be better able to support them, you can end up picking up a lot of information about their business that can help you when you tackle another one like it.
If you want to know the truth, the truth is that I'm the person that when someone says "we need someone to do X, and we can't find anyone willing to try" I'm not smart enough to say no, and just smart enough to figure out a way to do X every single time. Which means people keep handing me ridiculous things to do. For example, early in my career I was asked to figure out a way to export data from a computer system I had never seen before, into a system I would have no direct access to, using a method that didn't involve connecting the two systems together, before the first system was scheduled to be shut off in eight days.
In retrospect, had I deliberately failed, I would have gotten so much more sleep these past 19 years. There are days I wish people didn't think I was quite that safe of a bet.
Oh yeah, and I can add "junior space cadet game designer" because I was asked to design a game system for City of Heroes. A whole system, from its (high level) implementation to its original data to the methodology by which other devs would be able to support and extend the system. I'm definitely adding that to the resume (if I ever find myself writing one again), because I'm not so jaded that I think that's not frickin' cool.
Even in my forties, I'm still padding my (non-existent) resume.
There are consultants out there with careers (kinda) like mine. Consultants can go anywhere and do anything in theory, and some of us live very interesting professional lives. BUT, there's a catch. Most consultants that attempt to have the trajectory I've had eventually fail, spectacularly. One day, they just go too far, like tell the lead designer for a top tier MMO that you can design a complex system for him in a week. And then you're screwed, because you can't deliver, and when you screw up enough times, no one trusts you anymore.
That's what makes us rare. Not that there aren't people who try, but that its very dangerous to keep pushing the envelope like that. Most people smarter than me eventually cash out of the game and get rich and start driving Ferrari sports cars around. I'm apparently not that smart: I keep doubling down. I can't help it. For me, "the action is the juice."
And here's where I'm going to bring this back to City of Heroes. The truth is I loved talking to BaB and Castle and pohsyb and Hawkward and all the rest of the devs because I just loved learning what they did. Even if I knew in advance they were never going to use a single idea of mine, I would *still* love to talk to them about what they did. I loved learning it, and then putting it into practice, and seeing what they thought. I loved getting (in my opinion and hopefully theirs) good at it.
And even if I never get a chance to work with game developers again, my experience with City of Heroes is going to make me a better consultant. I have skills I didn't originally have, I have knowledge I didn't originally have. That's always useful. Never stop learning.
Quote:If you tell us, do black SUVs drive up to our homes and take us away in the middle of the night? -
Quote:Which, by the way, is a very roundabout and tangential Origin of Powers problem, my favorite backstory problem. How and why powers work in City of Heroes is something I've always felt should be fully thought out and consistent, whereas its always been treated as eh, whatever.All that being said, in Issue 19 of the Top Cow comics, Positron was working on a means of reversing War Witch's condition. Ironically, it would have been more appropriate for him to do that for NUMINA, as she was the one trapped in intangibility, while War Witch was actually a ghost. Which might explain why he was unable to find a way to 'reverse' her current condition - he was coming at it the wrong way.
If Numina's condition is fundamentally non-magical, its potentially scientifically resolvable. If War Witch's condition is fundamentally magically induced, it would be completely outside Positron's expertise. The question is whether we can say that Numina's astral projection, which can be achieved through non-magical means, is thus produced by magic, but not fundamentally magical. City of Heroes' lore is extremely hazy on how to resolve a question like that, except to say "whatever you want it to be."
One of these days, if we had more time, when I felt I could finally take a break from being involved with the powers team**, I would have switched to trying to work with the writing team, because I do love to write (can you tell) and I love the idea of writing stories, and building a consistent lore. I would have loved to be able to sit down, across from the writers, with the lore bible in my hands ...
... and beat them senseless with it until they made a consistent origin of power backstory.
** As a rule, I tended to focus on powers and not the stories in things like testing because if I got involved with tested both the powers and the story content with the devs, there would be no game left for me to play like a regular player. I had to keep something back for me to just sit back and play and enjoy, and the scripted content of the game was that for me. Which, for the most part, I did in fact enjoy. -
Quote:When someone first told me about this "feature" I assumed they simply misunderstood. Because no one could possibly be dumb enough to put this sort of feature into the game.Currently and for more then a year now CO has been under the plague of the chat ban. A player tool which once served as a tool to help stymie gold sellers, It apparently never occurred to the Devs such a tool could and eventually would be abused to cause grief.
I was wrong.
For those unaware, in CO there's an auto chat banning system where if you are petitioned more than X number of times by other players, the game will auto silence you from chat. I think from *all* chat. For a long time. It was meant to allow players to self-police RMT sellers.
Which in and of itself is prone to abuse, but that abuse can lead to your own account being banned if you do it too much.
And then they went F2P.
Remember all the debates we had here about how important it was to be careful about what free players could do, what premium players (who didn't sub but bought something at least once) could do, and what VIP subs could do? In CO, F2P players can petition towards auto-banning.
The rest is left as an exercise for the reader. PS: I have eight F2P City of Heroes accounts. -
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In the 80s, you would have been essentially saying that the people who terminated Paragon Studios were totally bitchin'. You'd be buggin'. I'm not down with that. Them's hozers.
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Quote:That depends. Do you think getting Akiva Goldsman to write, and Michael Bay to direct, the Pixar-produced sequel to Megashark vs Giant Octopus for the Cinemax network would be too much to ask?I'm easy. I just want a game filled with gore, nudity, comedy, flawless animations, a character builder as in depth as CoH's, power progression deeper than CoH's, an open world like Fallout 3/Skyrim and $20 expansion packs packed with content four times a year that allows me to take on hordes of enemies where their body parts pile up until I leave the area.
Is that really so much to ask? -
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Quote:Trying to find a game for Sam is like trying to find a game for Stephen Hawking: he's smart, knows what he wants, can't always communicate it clearly, and has a really specific set of non-negotiable gameplay requirements.I saw one of those in Technomarket. I started asking the sales person about the thing, what systems it works with and we got right up until he told me how much it costs. After that, I was no longer interested. I did end up buying a much cheaper no-brand gamepad that only works for PCs, but I have yet to use it as I really don't like gamepads. They're one of the primary reasons I don't own a video game console.
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A blaster was my first character. Blasters were always my first love. I've played all the other archetypes, and I've loved many other characters in other archetypes, and I've helped improve many other archetypes, but I was most pleased to finally get to work with the devs to improve blasters. When the sun finally sets on City of Heroes, I will be logged in as a Blaster.
For all the good and all the bad and everything in between, I will miss them. -
Quote:Oh my god. I'm not worthy.Far beyond the world I've known,
Far beyond my time
What am I, who am I, what will I be?
Where am I going, and what will I see?
Searching my mind for some truths to reveal
What thoughts are fantasy, what memories real?
Long before this life of mine
Long before this time
What was there, who cared to make it begin?
Is it forever, or will it all end?
Searching my past for the things that I've seen
Is it my life, or just something I've dreamed?
Far beyond the world I've known,
Far beyond my time
What kind of world am I going to find?
Will it be real or just all in my mind?
What am I, who am I, what will I be?
Where am I going, and what will I see?
Surprisingly apt.