It seems like the fair solution to this problem is to open source server code if you are going to cease support for an online game. That way the community has the opportunity to run their own servers if they want to.
I also really support giving 60 day notice if an online game is going to shut down. Places I have worked have had policies like that for games they are sun setting and I think the best game publishers think a lot about how to do that operation. It's not simple, because if people think a game is going away their behavior changes. And nothing sucks like buying online content for a game right before it shuts down. No matter what you do people will tell you they didn't know the game was shutting down. And if you give away content that you previously sold that also sometimes angers the community.
The problem is when companies know a game isn't working they tend to want to shut it down right away because the money they spend keeping it up is never coming back. And maybe the company is going to die too. So I do support a law for a 60 day notice.
> open source server code if you are going to cease support
When I was a senior exec at a big public tech company, there was a product we decided to discontinue and we thought would be nice to just open source. Somehow I ended up in charge of managing that process and was shocked at how complex, time-consuming and expensive it was in a multi-billion dollar, publicly-traded corp vs some code my friends and I wrote.
Legal had to verify that there was no licensed library code used and that we had clear, valid copyright to everything there. The project had been written over several years, merged with a project we'd acquired with a startup, some key people weren't around any more, the source control had transitioned across multiple platforms, etc. And even once we nailed all that down sufficiently, we didn't get an "all clear" from legal, we just got a formal legal opinion that any liability was probably under $1M. And then we had to convince an SVP to endorse that assumption of $1M potential liability and make a business case for approval to the CEO.
For a public company, the default assumption for any online game would be "the server side code WILL be open sourced" (under threat of prosecution). That means legal would mandate "No commercially licensed libraries can be used, any open source libraries will have to be vetted to ensure the license is compatible and everything else will need to pass IP and compliance audit." That will certainly have an impact on development time frames and economics.
That’s exactly the benefit of a law - it’s a forcing measure to require businesses to invest in processes to understand open sourcing, and to go forward when otherwise no one would make a business case for approval.
Of course, it would also create a demand for open-source game server libraries, which would surely appear after a while and make the whole process much easier.
So while I believe you about all those difficulties existing today, it's plausible that they would mostly fade away over time. I think temporary growing pains would be an acceptable price for the significant long-term public benefit.
The final phase of Symbian OS was becoming the open-source Symbian Foundation. This required the existing codebase, hundreds of thousands of files, to be categorised properly (mostly homegrown, some acquired, some licensed) and where necessary restructured so that each directory only had one kind. Painful, exacting, tedious archaeology which all-but-froze development for weeks. Like a long-deferred merge, the cost to pay for belatedly resolving a mess of licenses is daunting.
> open source server code if you are going to cease support
> Legal had to verify that there was no licensed library code used and that we had clear, valid copyright to everything there.
I can tell you the other side of that equation. There's no poison pill -short of outright fraud- that will kill an acquisition of a software company, than open source code embedded deep in the product.
I've been in both sides of the table of M&A activity, and in the due dilligence, smart acquirers will always look at the code and libraries in use. If there's anything that even has the hint of open source, that is heavily scrutinized: what is open source by default can't be owned by anyone and if it cannot be owned, it doesn't have IP value.
Most deals that ran into this issue would stop dead in their tracks, and it would take a while to spin back up, that is if the deal went thru at all
To be fair, it was in a time and age where BOM was not that common. I am assuming nowadays, with BOMs being in place, the process should be much easier.
It doesn't need to be open source, you only need to provide server binaries to download. This was the standard until circa 2010. People were able to host dedicated servers themselves.
That would be an improvement over nothing, but closed-source means that the game is still going to die as soon as someone finds a security vulnerability (or even just a gameplay glitch) that can't be feasibly patched.
Imagine an MMO where special text in the chat causes viewers' clients to crash, or a glitch exists to duplicate items or money, or where anybody can crash the server to run arbitrary commands.
I want to host a closed search server that's not being updated on today's internet. It might be good enough for home use, but definitely not if I want my friends to connect.
Although I get the idea of providing server binaries but if one has to absolutely do it, then provide great modding efforts behind it.
But I have found that the greatest modding efforts/community can be generated by open source. Balatro for example is easily modified in the sense that although it might not be open source but iirc its lua files are visible.
There are other games as well which have something similar imo although that being said its possible to create modding efforts without open source in general too with say something like for example old versions of counter strike.
Personally I would prefer open source though if its possible but I understand that some game studious might be worried about it but I don't quite understand it if they are shutting down the game anyway though. I think that @mjr00's comments are nice about third party library etc. which cause issues in open sourcing so its good to have a discussion about that too (imo)
Many developers with good will actually tried that and gave up due to lots of problems. This is not just bad ROI but also a legal minefield. Engineers usually cannot argue against this kind of risks. Enforcing this will unlikely work in higher courts. Though something like open sourcing protocols for server reimplementation may have some chances.
While I see problems in the law but the spirit is reasonable. We need to push toward this direction. At least there should be difficult economical trade-off for publishers when they decide to shut down the game. Nowadays, some random executive just takes look into some excel, see some games have declining revenue and decides to "simplify the business" without much thoughts. This has to stop.
> That way the community has the opportunity to run their own servers if they want to.
That might be fine for very small titles - where the "game server" is a relatively simple binary that can be run anywhere. Larger titles depend on a huge amount of infrastructure, for authentication, progression, matchmaking, etc... It's not feasible to open-source all of that, especially given that it may well still be in use for more recent titles.
> It's not feasible to open-source all of that, especially given that it may well still be in use for more recent titles
If they're still running their authentication server (for example), then they wouldn't need to release that service.
Patching the game to no longer contact the authentication server would also be acceptable, for services that aren't a core part of the game. It's pretty likely the game already allows this for development/debugging.
If they've accepted money from people to buy the game, and don't want to keep the authentication service running, and don't want to patch the game to no longer require the authentication service, and don't want to refund people, and don't want to release the authentication service so others can run it - I think it's fair for a regulation to force one of those.
Gaming might be unique in the sense that it's the only industry where 1) consumers make a one-time purchase of a product, but then 2) the manufacturer remains responsible for the online component.. forever? I can't think of any other examples in real life where this happens across an industry (maybe a few niche products).
Maybe this is the reason MS has been pushing Game Pass so hard, to get rid of the "purchase" part entirely.
An online service requires the continual investment in the costs required to run the service and comes with the expectation that the service happening on someone else's computer could cease to exist the second you stop paying or at the end of the current contract cycle.
A game although specified as a license is treated and described as a purchase that is expected to work forever on the end users device so long as it fits the specs.
> It seems like the fair solution to this problem is to open source server code if you are going to cease support for an online game. That way the community has the opportunity to run their own servers if they want to.
It's nice in theory, but in practice many (most?) games are using middleware they don't have the rights to redistribute as open source. IIRC when the source code for Doom, the first major commercial game that went open source, originally came out, it had all of the sound code removed because it was dependent on a third party library. Not that you're going to have sound code in a server, but you may be using third party libraries for networking, replays, anti-cheat, etc.
If bills like this pass there'd be financial pressure for middleware providers to either license under terms that allow distribution at the game's end-of-life, or allow their middleware to be easily severed while still leaving the game playable - else they'd lose out on all customers selling games in California/EU/etc.
Which is also a nice side effect to reduce intellectual property barriers for developers that do already want to distribute their server or source code.
Guarantee X years of server time from launch. If you shut down early, pro rated refund and open source server code. After the launch window, close server with no penalty if desired, but just still open source code. Or keep server open if it's profitable. Or some other option.
The specifics can be hammered out, but something middle ground seems sensible.
> It seems like the fair solution to this problem is to open source server code if you are going to cease support for an online game. That way the community has the opportunity to run their own servers if they want to.
Said this in another comment: In case a company or new management wants to renew an IP, maybe there should be a waiting period like 1-5 years before they are legally required to release/open-source the server code.
Or how about this: what if, in order to launch a new online-only game in the first place, companies have to submit a copy of the source code as it is on launch day, to the courts or wherever. Then the courts could release it if the game hasn't been active for N years...
The sad truth is that these things have high operating costs, especially if they need moderation. I would guess this bill just makes it more risky to make the games in the first place. It’s already brutally hard to make money on games.
I feel like the effect of this might just be that shutting an online game makes it more likely to take a whole company down if you have to issue refunds. Alternatively, it might push multiplayer games towards other business models like ads, free-to-play, or subscription.
Sorry to hear about your situation. For the game you're shutting down online services for, forgive my nieve question but how much work is it to expose an environment variable called `GAME_SERVER_URL` and then document the API contract it expects on the other end?
Servers have a real cost, nobody is denying that, but I think the people who bought the game should have an option/alternative in case the servers are down.
We looked into it. Hackers got part of the way there so we decided not to make a change. They might be able to do it after the title is fully sunset and the team disbanded.
We basically have to get as much done on a 3/4 month timeline as possible and it isn’t a priority like saving content or refunding gift cards is. Shutting down is a lot of work.
At least part of the answer is this doesn't meet the requirement of the proposed law. You need to actually provide the functionality of the server-side, not just its API.
I doubt it's possible for legislation to mandate meaningful compliance regarding something as dynamic and rapidly evolving as online games. Despite good intentions, such legislation often results in unintended consequences including distorting the market, creating perverse incentives or even making the problem worse.
Serious problems are already apparent. Games offered “solely for the duration of [a] subscription." aren't regulated, which will greatly accelerate the death of perpetual licensing. A world where no games are available for outright purchase and offline use would be disastrous for players and historical preservation.
It would be better if they'd focus on narrower problems where they can make a positive difference. For example, mandating a freely distributable end-of-life patch to remove online activation from DRMed games. Creating a patch and uploading it once to the Internet Archive isn't a big enough burden to make companies modify their biz model or deploy armies of lawyers and MBAs to circumvent. When it comes to rapidly evolving technology, the best regulations are clearly defined, narrowly scoped and cheaper to comply with than avoid or game.
You know what? I'm tired of unintended consequences fear mongering. You know what else had a tons of unintended consequences? Mandating seat belts. This is the industry kicking and crying because they don't want to be told that they can't abuse the consumer blatantly. Joke Bloke would still be able to release their game without wondering if this kind of law exists because the law will never apply to them. These kind of laws are targeting a massive abuse by big companies with a bag of money to figure it out.
I get that your emotional about this, and you may want to stick your head in the sand and pretend that unintended consequences don't exist, and want to lash out at those who warn about them, even trying to convince yourself that they are evil actors doing "fearmongering", but trust me, unintended consequences do NOT care about any of that, they are very real, and the last thing we need are people who won't face reality when the consequences arrive.
I love California for these laws because even though their jurisdiction is technically limited, it makes no sense for the companies to not make the changes available nation wide.
The article is really vague and a bit misleading, but the bill text appears to be surprisingly readable, and honestly not much longer than the article.
The solution here is for publishers to give away the client, and simply charge a subscription.
Keypoint:
> would require a digital game operator to communicate specified information to purchasers and prospective purchasers of a digital game 60 days before the operator ceases to provide services necessary for the ordinary use of the game, and, beginning on the date an operator ceases to provide services necessary for the ordinary use of the game, require the operator to provide the purchaser with an alternate version of, a patch or update to, or a refund for, the game,
"or a refund for the the game".
"Here's your $0 back, thanks for playing!"
That makes it a bit tricky for games like WoW that charge for expansions, as well as subscription. But I'm sure MS can figure something out.
the bill explicitly doesn't apply to games that are free or are on a subscription system. (I assume free-to-play with microtransactions would be covered by this bill though, unless those microtransactions are subscription-based or time-limited.)
I am indeed worried that this will push games to be subscription-based, so I would advocate making the bill apply even to subscription-based games. Though that would require some thought, of course, as it's not obvious how it should apply to such a game.
This appears to treat subscription style games and free to play with in game purchases differently than other games.
I would assume if that law passed the simplest compliance would just be to charge subscriptions and stop selling games directly. It seems like doing that would comply with that law without requiring much to change?
> I would assume if that law passed the simplest compliance would just be to charge subscriptions and stop selling games directly. It seems like doing that would comply with that law without requiring much to change?
That is indeed a valid way to comply with it. What that changes, at least, is that the consumer has the expectation that access ends with the end of the subscription, as opposed to where the expectation is for the access to never end.
AFAIK the issue is with one time purchase games, where is not clear if you will be able to play forever or whenever they want to pull the plug, if they change to subscription based model or free to play, then it will be clear for the players what they are paying for.
The distinction makes sense, but I wonder if the bill will inadvertently incentivize games to move to subscription based models, which would be ultimately be a worse experience for consumers.
Upfront purchase for something that depends on online services to work raises some questions. The problem with the bill is they want either literally infinite support or an open source server in the end. It'd make sense if there were some time limit based on the price of the game, just to guard against scams like asking $50 for a game that's shut down a year later.
> The problem with the bill is they want either literally infinite support or an open source server in the end.
No the bill doesn't state that. From the bill text [1]
(2) Beginning on the date a digital game operator ceases to provide services necessary for the ordinary use of the digital game, the operator shall provide the purchaser with one or more of the following:
(A) A version of the digital game that can be used by the purchaser independent of services controlled by the operator.
(B) A patch or update to the purchaser’s version of the digital game that enables its continued use independent of services controlled by the operator.
(C) A refund in an amount equal to the full purchase price paid for the digital game by the purchaser.
Just curious, how did you arrive at the infinite support or open source server interpretation?
Do they need to put some funds in escrow? Or will they just shut down the entire company and let the players sue for it. (I know that big publishers won't do that, but I'm sure the lawyers could create shell corporations to solve that problem.)
Or they could just demonstrate that they have an offline play capability right from the moment they sell it.
Dave: But movies cost millions of dollars to make.
Robert K. Bowfinger: That's after gross net deduction profit percentage deferment ten percent of the nut. Cash, every movie cost $2,184.
My favorite example of this is when Warner Brothers said that Malibu’s Most Wanted wasn’t profitable because they spent so much money marketing Harry Potter that year.
It doesn't really matter how they comply, so long as the punishment for bon-compliance is serious enough to motivate a good-faith attempt. I'm wary of jumping right into encoding specifics into legislation. That said, I'll be surprised if this actually has the necessary teeth.
Bankruptcy is a universal get-out-of-punishment free card. At least, if you're a corporation large enough and foresighted enough to shove your liabilities off onto a fictional subsidiary before starting.
Just make the punishment the seizure and full release of the game assets (all source code, version control history, tooling, and release of copyright/trademarks).
It's always going to be a wild goose chase trying to take money when there isn't any (actually or by design), just take the product and let the public update it as a last resort.
> the act would not apply to completely free games and games offered “solely for the duration of [a] subscription. Any other game offered for sale in California on or
Well, I predict we'll start seeing more games offered "solely for the duration of a subscription". And also games spun out into their own subsidiary that will just go bankrupt and not comply.
Found this quote from the game industry interesting and depressing:
> Consumers receive a license to access and use a game, not an unrestricted ownership interest in the underlying work
Could the game industry just side step this legislation by moving games entirely to a subscription model, with no upfront purchase? When they stop offering the subscription, you lose access to the game. Similar to how various online SaaS businesses work.
> Could the game industry just side step this legislation by moving games entirely to a subscription model, with no upfront purchase? When they stop offering the subscription, you lose access to the game. Similar to how various online SaaS businesses work.
Yes. With a subscription there is already an expectation that you will lose access when you stop paying. But I doubt they'd get much buy-in from gamers for that on most games.
Bought PGA Tour 2k21 for $50. In October the servers shut down completely neutering the game. I think you're allowed to play a few courses still. But the career mode, which is why I originally bought the game, was completely turned off. Mind you that career mode had zero Internet needed features. It's like a sports franchise mode.
So good on this bill. 2K should rot for deprecating a game I bought for $50 only 5 years ago.
This happened to me back in 2024 when Supercell abruptly shut down the game “Clash Mini”. Lost $100+ in in-game purchases.
They did offer to transfer things to other Supercell games, but that had no value to me as I didn’t play those.
I complained to the App Store, but Apple refused to refund purchases made more than 60 days ago (IIRC).
I know things don’t necessarily last forever, especially digital assets, but to spend a lot of money on something only to have it shut down and made unusable within months really stings.
So what's preventing companies from giving games for free and requiring a subscription or one time membership fee for online play? They'd only be required to refund the full price of the game: $0.
This what California's political machinery is focused on? Rather than the colossal waste that is the high speed rail project, or rampant corrupt use of State and local funds for social welfare projects?
Laws like this superficially seem good because it's not nice when online games shut down without a patch but they have the harmful effect of eliminating the long tail of — you could say — low quality offerings, that don't offer these features
It's better to have more offerings on the market, even low quality ones, than fewer. Limiting the low quality offerings does not result in high quality ones naturally emerging to substitute them. It just leads to fewer offerings.
There are two things I think that low quality offerings are good at doing. First, they're good at experimenting with new features. If it's very cheap to try a new feature, because the cost of deploying a new game is quite low and you're basically pumping out a bunch of marginally valuable games, then new features get iterated on more quickly. That eventually flows back up to the better quality games. The second benefit is that it meets some niche needs, where a certain player wants something that's very unusual or otherwise non-existent on the market. And this 5x9 half-baked game provides it. Again, it's very few people who want this feature, but there are a huge number of features like that. It's a very long tail.
I moderate an online community and we introduced democratic rulemaking and people kept proposing and then voting in rules to restrict this or that kind of post because it was low quality or distracted people or whatever and eventually the forum became so much less usable because of the cumulative effect of all these small restrictions. That effect of making the forum less usable was most pronounced on newcomers, who didn't know all the rules and basically couldn't break in because of the barrier to understanding how to generate content that complied with the morass of restrictions.
Most "gamers" don't want to pay $5 for a game you spent 10,000 hours slaving to make. They will complain the game was too short when Steam shows they spent 10+ hours playing it.
The same is true for TV, movies, books. It's an insanely competitive market for people's time and attention. There are more games on Steam with 10,000 hours of dev time put into them than you can play in a lifetime. Standards for what's worth your limited time and money are therefore extremely high.
If you're passionate about making games chances are you're not going to succeed financially. Set your sights on personal success in the artistic sense. Can you communicate what you wanted, can you enrich some people's lives a bit with your work? It doesn't pay the bills, and that's not really fair, but it's also not unique. Lots of valuable labor receives no reward.
None of this is really relevant to the law in question though, which is itself pretty basic consumer protection against a company yanking back something it sold.
Minecraft, GTA are still some of the largest media franchises of any kind in the world. By players and by expense. They'll continue to make it worth it.
I'm old enough to remember a time when you bought a copy of a game and played it locally. Most games were around $60 and we paid it. It is only more recently that someone decided that viewing ads was a better way to pay for games - you got what you wanted and no one values games anymore.
Even back in the day, if I paid 60 bucks and spent less then 40 hours solving the game I was disappointed and felt like I paid too much. I invested in the hardware and software and I expect something out it.
Happy to pay for your game but don't hobble it or subject me to ads.
If you paid $60 bucks for a sega genesis game in 1990 you were paying about $156 adjusting for inflation. Different figures for different values of "back in the day" obviously.
I don't see a problem? As a hacker and HN poster, I believe the free market will determine the value of a game. If it's not economically feasible anymore to make games for under $5, the market will adjust.
There are a half dozen games in my catalog that I've played for 10,000 hours for free.
Sure, I'll spend $5 on a game I play for 10 hours, but it's still a bad value for me comparatively. When I do it, it's usually because I like what the developer did and want them to get some financial support. This is also why there are hundreds of unplayed games in my Steam account. It's then also a charity, not a business.
Your $5 game is competing with every game I have available to me and the market is _saturated_. A lot of game development is just bad investment. Like Ubisoft spending $500 million to develop Beyond Good and Evil 2. If that ever even releases, but why would you spend half a billion dollars following up a flop. A beloved flop but a flop.
Consumers of creative works generally are paying for the result, not the process.
> As currently amended, the act would not apply to completely free games and games offered “solely for the duration of [a] subscription. Any other game offered for sale in California on or after January 1, 2027, would be subject to the law if it passes.
So they just make their game free two months before they want to close?
Law systems contain open-ended clauses and lawsuits analyze the intent. If you make your game free, just 2 months prior or even after selling it, just telling that you made it "free" will harm you more in the lawsuits due to obvious malicious intent.
Note, this law would affect less than 1% of all games _released_. Just that those happens to be the games that a sizeable part of the population plays. And even then, you spend more tying your game to a online service than not doing so in the first place.
I'd rather have legislation to give immunity from infringement to hackers who are either reverse engineering or cloning the game that has been shut down instead.
1. If a game no longer works then the publisher loses copyright protections. This would often apply to online-only games. There are other games that are a mix of online and offline play that should be treated slightly differently;
2. If the hardware to run a game is no longer sold (eg legacy consoles), then there should be copyright protections for anyone making emulators to make the game work;
3. After a certain period of the underlying hardware and game not being sold, the game itself loses copyright protections. Say... 5 years? Maybe even less;
4. Loss of any online services sold with a game should mean that there is no copyright claim against third-parties making their own servers.
Making a game server isn't necessarily that hard. Forcing companies to open source their servers is problematic and may not even be possible if, say, the studio shuts down. Gamers are a resourceful lot however. I mean, just look at emulators. They can make their own servers if they need them. Just make the law indemnify them against copyright claims if the studio/publisher has switched off those online services and the problem will largely take care of itself.
The rest is just treating games like orphan works. There was a time when identifying a copyright holder was hard and extending copyright had to be actively done or it just expired. If they abandon a game this way, they should effectively just lose copyright (IMHO).
I expect this to be somewhat of a forcing function. If a studio really wants to maintain copyright to a game they no longer sell for a console that nobody makes anymore, then porting it to Steam and continuing to sell it is their path to maintaining copyright. And that should make it playable still.
I don't see any world in which these "stop killing games" laws result in anything close to what the proponents are asking for, for multiple reasons, one of the biggest being that the proponents don't have a clear, coherent, cohesive vision that takes into account all of the side-effects, and everyone you talk to in this space has a slightly different idea of what they want, and even the main proponent, Ross Scott, has a vague vision that changes from month to month, and shifts in mututally-exclusive ways depending on what objection is currently being responded to. I think what will happen is we'll get (A) a law that doesn't work due to some glaring loophole (such as being able to skirt the law by simply giving the community the server binary with no documentation) or (B) a law that DOES work but is so impossible to ahere to that companies simply accept that they'll be sued and bake it into the price of the game.
Because going up against all types of big software publishers at once would invite MUCH more lobbying which would make any progress likely impossible. Better to start in one area, gaming in this case, to get a precedent out there, which then makes the fight against general software publishers easier.
It would be fair in general to disallow charging a one-time fee for something that's shut down soon later. I don't expect perpetual support, but there should be some target based on the price that any well-intended software maker will exceed.
Also if you advertise "lifetime license," that should mean lifetime.
Adobe turned the license servers off that the installers used to verify your CS6 installer key. No check pass, no install. Of course, you can just use an LLM to build a patch, or pirate a copy, but it's the principle I suppose.
Agreed! Far too many companies selling software as lifetime license and their renegade on that deal. A refund should be allowed. Or simply make the software offline without drm
To be fair, B2B sales have typically existed in a different world, even for physical goods. Take the Sale of Goods Act in the UK, offering consumer protections. A business simply can’t take advantage of many of its protections as it’s aimed specifically at B2C sales.
This makes the Minecraft model look all that much better than it already was, users pay for an account, the servers are self hosted by the community, as far as I can tell on the surface level Minecraft would already comply with this legislation.
Does Minecraft's offline mode not work indefinitely? I'm not familiar with the official launcher but this article [1] doesn't say anything about needing to reconnect occasionally.
> The ESA also said the bill would impose unreasonable expectations on publishers regarding licensing rights for music or IP rights, which are often negotiated on a time-limited basis. “A legal requirement to keep games playable indefinitely could place publishers in an impossible position—forcing them to renegotiate licenses indefinitely or alter games in ways that may not be legally or technically feasible,” they wrote.
Wah wah munchie wah.
This would kick in next year. You have time to make contingency plans including a kill switch to put in shitty royalty free music if you need to.
> “Consumers receive a license to access and use a game, not an unrestricted ownership interest in the underlying work,” the ESA wrote. The eventual shutdown of outdated or obsolete games is “a natural feature of modern software,” the group added, especially when that software requires online infrastructure maintenance.
Going for all apps at once is, IMO, an impossible ask. So the better option is to tackle one area first to set a precedent then that can be used to make the fight in other areas easier.
This is some remnant of the stop killing games initiative no doubt. Bad for the industry as a whole, and piratesoftware didn’t deserve to be dragged for being against it, in spite of his other flaws.
So now it becomes way more expensive for small studios to come out with games that have online features. This is a huge win for big studios who will suck up all that market share.
Handing over a standalone server to the public is a massive engineering, financial, and legal headache. Modern multiplayer games rarely run on a single isolated program. They rely on a huge network of interconnected cloud microservices.
A single match might require separate proprietary systems for matchmaking, player inventories, anti cheat, metrics tracking, and database management. Many of those come with licenses that don't allow you to just give away the code for free.
Disentangling the actual game logic from these third party platforms like AWS or Epic Online Services requires months of rewriting code. At that point you're basically re-inventing the wheel on so many technologies that your costs go up exponentially.
Games are rarely built entirely from scratch by a single company and are usually packed with licensed third party software like proprietary network code, commercial physics engines, or specific anti cheat software. Because the studio doesn't own the rights to distribute these proprietary tools to the public for free then releasing a standalone server forces them to spend extensive legal and development hours stripping out the restricted code and replacing it with open source alternatives.
Releasing server code also exposes the inner workings of the company's technology. If a studio uses the same proprietary engine or backend framework for their active money making games then releasing the server code for a dead game essentially hands hackers and competitors a roadmap to exploit their current profitable titles.
Counter-Strike: Global Offensive was a game running all of these things (matchmaking, skins, anticheat ...). After Counter-Strike 2 was released, the servers for CS:GO were shut down. Yet, the game remains mostly playable. Sure, the skins no longer work and there's no official matchmaking, but third parties have stepped up. That's because Valve released (and have always released) server software.
I find this argument quite bad. It was done in the past and it's still being done today. There's nothing preventing any company from doing it except for a combination of laziness and greed.
What you're noticing - that companies suddenly started closed-sourcing their server code, isn't just something that happened for no reason. Internet connections got fast, and it enabled more complex games like MMORPGs and MOBAs which are an order of magnitude more complex than the shooter games you're probably thinking of (Quake III?)
A LOT of architectural thinking goes into scaling MMORPGs, and it starts at the data model. I've watched quite a few interviews with WoW devs, and the data model for their system is counter-intuitive. That constitutes a trade secret in my mind.
And that's something that companies that produce MMORPGs/MOBAs/etc. can conclusively demonstrate in court.
That said, it's possible that companies could release a "nerfed" version of their server code with trade secrets removed for the community to run once the official game servers are taken down. It isn't clear if that'll be in scope of the law, or if that's even what proponents of Stop Killing Games would be okay with. We'll have to see.
currently there's a huge risk Marathon might get shut down like high guard or concord because of player numbers. If they shut it down, nobody could play it anymore.
If there's a system in place for us to be able to host our own servers, or... I don't know? OWN the game we bought and play it because we OWN it because we PAID for it. Then yeah, that's good and it's a good movement and I fully support it.
I genuinely don't understand the other side of this argument because it just feels like no for the sake of no.
I mean, if government overreach (IP, DMCA 1201) is preventing us from using the things we pay money for in any way we might, might as well add more government overreach on top to claw some rights back?
The "final boss" of bad legislation. Often, Government intrusion into the markets is worth the side effects.
But in this case, even the best-case outcome is extremely dumb. Companies are forced to expend resources just so a few niche hobbyists are not inconvenienced. And there will be side effects, ultimately including geo-fencing of games to exclude California. It's a big market, but you can't make up for a net loss with volume.
> Companies are forced to expend resources just so a few niche hobbyists are not inconvenienced.
Yeah those poor companies. They should just be allowed to take our money and then stop providing a service we paid for. Won't someone please think of the corporations????
What kind of weird argument is this? If I pay for a game then I, you know, want to be able to play the game. You know what I don't care about? Whether or not it's profitable for Ubisoft to keep a cheap signing server online.
I take your point and also don't give a damn about corporate profits but it is a little bit "talking past" the parent. To me the important part of parents point was the next step: therefore the companies will just avoid selling to California which is an unintended consequence.
I think this can be argued with directly on its merits - 1. maybe, 2. also that's probably fine, 3. also that's not what happened with car emission standards, etc.
What if an Indie developer wants to make a game, where the primary mechanics and state live in a "service" they control? Why should they be burdened with this stuff if they move on, if indeed they sold a "service" and not a piece of software?
My view has nothing to do with Corporations... I just really don't understand what players feel they are entitled to here. If you want "software" then buy that, and don't use the Service games.
Unpopular view I suppose. Maybe it would mean more games you could actually own, but I think it would just have bad effects.
it seems like it would be good programming to parameterize the details of how to connect to a server, so really all the game developer would need to do is document the requirements for the server/make the server software.
..things they'd be doing anyway as they developed the game??
Can't say I support this. Legislative bodies should be dealing with actual problems in the world that meaningfully make the lives of regular people worse, not gamer entitlement.
Not being able to use a product that was purchased is an “actual problem” that “makes the lives of regular people worse.” This is going to blow your mind, but this kind of stuff is EXACTLY what people elect governments to do.
Dumb. Just make it legal to reverse engineer the software, the community will take care of the rest, in a way the community actually wants, instead of getting just the bare minimum compliance from the original company, if they even still exist.
I tend to agree with you that allowing the community to keep games running would be a more desirable outcome, but I don't believe California could make such a law. As I understand it, reverse engineering is already illegal federally because of things like the DMCA. California can't just make the DMCA not apply in this case because its not a California law. However they can pass consumer protection laws making there be consequences for abandoning a game when the consumers are in California. Given the alternative is probably do nothing this does seem good.
I don't know about California, but AFAIK reverse engineering is legal, but breaking DRM protection isn't, so what companies did was to put DRM in their software, hence the reverse engineering became illegal.
You want the "community" to reverse engineer the game server, where all the game logic lives, from the game client? This is the state of many online only games.
Of course it should be legal to reverse engineer software you own, but you have to actually have access to the software to reverse engineer it.
We can do both! This seems more viable for the moment, unfortunately. Challenging copyright gets much more pushback than even pro-consumer obligations like these.
California being 4th largest economy gives it some market power, just some though. Companies still make special considerations only for California - including total exclusion - as opposed to just implementing the good idea across the nation or world.
Feels like malicious compliance, but I’m used to it now, I’ve done the same in other industries like raising or issuing capital, so I cant be mad about consumer protection style patchworks then
Gamers are competitive, but so are lawyers, and you're playing on their turf. As with a boss fight, they stand a good chance of winning, especially the first time.
(I would note that being called "racist, mysoginistic, rape apologists" does seem to bother you enough to bring it up in an unrelated context.)
I care about the topic from a legal and technical standpoint and am interested to see the outcome, just have no skin in the game and no sympathy for the industry or a bunch of children (both literal and figurative) who will whine whichever way it goes.
It seems like the fair solution to this problem is to open source server code if you are going to cease support for an online game. That way the community has the opportunity to run their own servers if they want to.
I also really support giving 60 day notice if an online game is going to shut down. Places I have worked have had policies like that for games they are sun setting and I think the best game publishers think a lot about how to do that operation. It's not simple, because if people think a game is going away their behavior changes. And nothing sucks like buying online content for a game right before it shuts down. No matter what you do people will tell you they didn't know the game was shutting down. And if you give away content that you previously sold that also sometimes angers the community.
The problem is when companies know a game isn't working they tend to want to shut it down right away because the money they spend keeping it up is never coming back. And maybe the company is going to die too. So I do support a law for a 60 day notice.
> open source server code if you are going to cease support
When I was a senior exec at a big public tech company, there was a product we decided to discontinue and we thought would be nice to just open source. Somehow I ended up in charge of managing that process and was shocked at how complex, time-consuming and expensive it was in a multi-billion dollar, publicly-traded corp vs some code my friends and I wrote.
Legal had to verify that there was no licensed library code used and that we had clear, valid copyright to everything there. The project had been written over several years, merged with a project we'd acquired with a startup, some key people weren't around any more, the source control had transitioned across multiple platforms, etc. And even once we nailed all that down sufficiently, we didn't get an "all clear" from legal, we just got a formal legal opinion that any liability was probably under $1M. And then we had to convince an SVP to endorse that assumption of $1M potential liability and make a business case for approval to the CEO.
For a public company, the default assumption for any online game would be "the server side code WILL be open sourced" (under threat of prosecution). That means legal would mandate "No commercially licensed libraries can be used, any open source libraries will have to be vetted to ensure the license is compatible and everything else will need to pass IP and compliance audit." That will certainly have an impact on development time frames and economics.
That’s exactly the benefit of a law - it’s a forcing measure to require businesses to invest in processes to understand open sourcing, and to go forward when otherwise no one would make a business case for approval.
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Of course, it would also create a demand for open-source game server libraries, which would surely appear after a while and make the whole process much easier.
So while I believe you about all those difficulties existing today, it's plausible that they would mostly fade away over time. I think temporary growing pains would be an acceptable price for the significant long-term public benefit.
The final phase of Symbian OS was becoming the open-source Symbian Foundation. This required the existing codebase, hundreds of thousands of files, to be categorised properly (mostly homegrown, some acquired, some licensed) and where necessary restructured so that each directory only had one kind. Painful, exacting, tedious archaeology which all-but-froze development for weeks. Like a long-deferred merge, the cost to pay for belatedly resolving a mess of licenses is daunting.
Better to just publish the protocols/APIs and let the community roll their own
> open source server code if you are going to cease support
> Legal had to verify that there was no licensed library code used and that we had clear, valid copyright to everything there.
I can tell you the other side of that equation. There's no poison pill -short of outright fraud- that will kill an acquisition of a software company, than open source code embedded deep in the product.
I've been in both sides of the table of M&A activity, and in the due dilligence, smart acquirers will always look at the code and libraries in use. If there's anything that even has the hint of open source, that is heavily scrutinized: what is open source by default can't be owned by anyone and if it cannot be owned, it doesn't have IP value.
Most deals that ran into this issue would stop dead in their tracks, and it would take a while to spin back up, that is if the deal went thru at all
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Nah, you just open source it in a broken state without anything that had separate licensing, so nobody is happy and the law is followed.
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To be fair, it was in a time and age where BOM was not that common. I am assuming nowadays, with BOMs being in place, the process should be much easier.
If the bill is properly worded open sourcing the code shouldn't imply that all 3rd party libraries also have to be open sourced.
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Is your argument that companies would be forced to obey the laws if they are mandated to open source discontinued games? And it's a... bad thing?
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It doesn't need to be open source, you only need to provide server binaries to download. This was the standard until circa 2010. People were able to host dedicated servers themselves.
That would be an improvement over nothing, but closed-source means that the game is still going to die as soon as someone finds a security vulnerability (or even just a gameplay glitch) that can't be feasibly patched.
Imagine an MMO where special text in the chat causes viewers' clients to crash, or a glitch exists to duplicate items or money, or where anybody can crash the server to run arbitrary commands.
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I want to host a closed search server that's not being updated on today's internet. It might be good enough for home use, but definitely not if I want my friends to connect.
Although I get the idea of providing server binaries but if one has to absolutely do it, then provide great modding efforts behind it.
But I have found that the greatest modding efforts/community can be generated by open source. Balatro for example is easily modified in the sense that although it might not be open source but iirc its lua files are visible.
There are other games as well which have something similar imo although that being said its possible to create modding efforts without open source in general too with say something like for example old versions of counter strike.
Personally I would prefer open source though if its possible but I understand that some game studious might be worried about it but I don't quite understand it if they are shutting down the game anyway though. I think that @mjr00's comments are nice about third party library etc. which cause issues in open sourcing so its good to have a discussion about that too (imo)
Closed source binaries rot.
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Many developers with good will actually tried that and gave up due to lots of problems. This is not just bad ROI but also a legal minefield. Engineers usually cannot argue against this kind of risks. Enforcing this will unlikely work in higher courts. Though something like open sourcing protocols for server reimplementation may have some chances.
While I see problems in the law but the spirit is reasonable. We need to push toward this direction. At least there should be difficult economical trade-off for publishers when they decide to shut down the game. Nowadays, some random executive just takes look into some excel, see some games have declining revenue and decides to "simplify the business" without much thoughts. This has to stop.
> That way the community has the opportunity to run their own servers if they want to.
That might be fine for very small titles - where the "game server" is a relatively simple binary that can be run anywhere. Larger titles depend on a huge amount of infrastructure, for authentication, progression, matchmaking, etc... It's not feasible to open-source all of that, especially given that it may well still be in use for more recent titles.
> It's not feasible to open-source all of that, especially given that it may well still be in use for more recent titles
If they're still running their authentication server (for example), then they wouldn't need to release that service.
Patching the game to no longer contact the authentication server would also be acceptable, for services that aren't a core part of the game. It's pretty likely the game already allows this for development/debugging.
If they've accepted money from people to buy the game, and don't want to keep the authentication service running, and don't want to patch the game to no longer require the authentication service, and don't want to refund people, and don't want to release the authentication service so others can run it - I think it's fair for a regulation to force one of those.
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Game engines/code aren't all open source. The game developer might not have the legal rights to release the source.
Also, does this stop at games? Why not any online service ever? Why not any program at all?
Gaming might be unique in the sense that it's the only industry where 1) consumers make a one-time purchase of a product, but then 2) the manufacturer remains responsible for the online component.. forever? I can't think of any other examples in real life where this happens across an industry (maybe a few niche products).
Maybe this is the reason MS has been pushing Game Pass so hard, to get rid of the "purchase" part entirely.
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An online service requires the continual investment in the costs required to run the service and comes with the expectation that the service happening on someone else's computer could cease to exist the second you stop paying or at the end of the current contract cycle.
A game although specified as a license is treated and described as a purchase that is expected to work forever on the end users device so long as it fits the specs.
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> It seems like the fair solution to this problem is to open source server code if you are going to cease support for an online game. That way the community has the opportunity to run their own servers if they want to.
It's nice in theory, but in practice many (most?) games are using middleware they don't have the rights to redistribute as open source. IIRC when the source code for Doom, the first major commercial game that went open source, originally came out, it had all of the sound code removed because it was dependent on a third party library. Not that you're going to have sound code in a server, but you may be using third party libraries for networking, replays, anti-cheat, etc.
If bills like this pass there'd be financial pressure for middleware providers to either license under terms that allow distribution at the game's end-of-life, or allow their middleware to be easily severed while still leaving the game playable - else they'd lose out on all customers selling games in California/EU/etc.
Which is also a nice side effect to reduce intellectual property barriers for developers that do already want to distribute their server or source code.
This has an easy solution. If the middleware cannot be used in a new regulatory environment then it will either die or adapt.
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Then don't. People will find a way to replace those.
Guarantee X years of server time from launch. If you shut down early, pro rated refund and open source server code. After the launch window, close server with no penalty if desired, but just still open source code. Or keep server open if it's profitable. Or some other option.
The specifics can be hammered out, but something middle ground seems sensible.
> It seems like the fair solution to this problem is to open source server code if you are going to cease support for an online game. That way the community has the opportunity to run their own servers if they want to.
Said this in another comment: In case a company or new management wants to renew an IP, maybe there should be a waiting period like 1-5 years before they are legally required to release/open-source the server code.
Or how about this: what if, in order to launch a new online-only game in the first place, companies have to submit a copy of the source code as it is on launch day, to the courts or wherever. Then the courts could release it if the game hasn't been active for N years...
I happen to be shutting down an online game right now.
https://www.tyleo.com/blog/sunsetting-rec-room-how-to-give-a...
The sad truth is that these things have high operating costs, especially if they need moderation. I would guess this bill just makes it more risky to make the games in the first place. It’s already brutally hard to make money on games.
I feel like the effect of this might just be that shutting an online game makes it more likely to take a whole company down if you have to issue refunds. Alternatively, it might push multiplayer games towards other business models like ads, free-to-play, or subscription.
Sorry to hear about your situation. For the game you're shutting down online services for, forgive my nieve question but how much work is it to expose an environment variable called `GAME_SERVER_URL` and then document the API contract it expects on the other end?
Servers have a real cost, nobody is denying that, but I think the people who bought the game should have an option/alternative in case the servers are down.
We looked into it. Hackers got part of the way there so we decided not to make a change. They might be able to do it after the title is fully sunset and the team disbanded.
We basically have to get as much done on a 3/4 month timeline as possible and it isn’t a priority like saving content or refunding gift cards is. Shutting down is a lot of work.
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At least part of the answer is this doesn't meet the requirement of the proposed law. You need to actually provide the functionality of the server-side, not just its API.
What are the insurmountable obstacles to releasing the server code for the community to run?
As I understand it, the obstacles are mostly legal. Our development team would love to just throw the code on GitHub.
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Do you think any compagny would want to release some very sensitive / secret sauce code?
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I doubt it's possible for legislation to mandate meaningful compliance regarding something as dynamic and rapidly evolving as online games. Despite good intentions, such legislation often results in unintended consequences including distorting the market, creating perverse incentives or even making the problem worse.
Serious problems are already apparent. Games offered “solely for the duration of [a] subscription." aren't regulated, which will greatly accelerate the death of perpetual licensing. A world where no games are available for outright purchase and offline use would be disastrous for players and historical preservation.
It would be better if they'd focus on narrower problems where they can make a positive difference. For example, mandating a freely distributable end-of-life patch to remove online activation from DRMed games. Creating a patch and uploading it once to the Internet Archive isn't a big enough burden to make companies modify their biz model or deploy armies of lawyers and MBAs to circumvent. When it comes to rapidly evolving technology, the best regulations are clearly defined, narrowly scoped and cheaper to comply with than avoid or game.
It seems like California is the furthest country in the EU.
You know what? I'm tired of unintended consequences fear mongering. You know what else had a tons of unintended consequences? Mandating seat belts. This is the industry kicking and crying because they don't want to be told that they can't abuse the consumer blatantly. Joke Bloke would still be able to release their game without wondering if this kind of law exists because the law will never apply to them. These kind of laws are targeting a massive abuse by big companies with a bag of money to figure it out.
I get that your emotional about this, and you may want to stick your head in the sand and pretend that unintended consequences don't exist, and want to lash out at those who warn about them, even trying to convince yourself that they are evil actors doing "fearmongering", but trust me, unintended consequences do NOT care about any of that, they are very real, and the last thing we need are people who won't face reality when the consequences arrive.
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I love California for these laws because even though their jurisdiction is technically limited, it makes no sense for the companies to not make the changes available nation wide.
The article is really vague and a bit misleading, but the bill text appears to be surprisingly readable, and honestly not much longer than the article.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtm...
The solution here is for publishers to give away the client, and simply charge a subscription.
Keypoint:
"or a refund for the the game".
"Here's your $0 back, thanks for playing!"
That makes it a bit tricky for games like WoW that charge for expansions, as well as subscription. But I'm sure MS can figure something out.
the bill explicitly doesn't apply to games that are free or are on a subscription system. (I assume free-to-play with microtransactions would be covered by this bill though, unless those microtransactions are subscription-based or time-limited.)
I am indeed worried that this will push games to be subscription-based, so I would advocate making the bill apply even to subscription-based games. Though that would require some thought, of course, as it's not obvious how it should apply to such a game.
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This appears to treat subscription style games and free to play with in game purchases differently than other games.
I would assume if that law passed the simplest compliance would just be to charge subscriptions and stop selling games directly. It seems like doing that would comply with that law without requiring much to change?
> I would assume if that law passed the simplest compliance would just be to charge subscriptions and stop selling games directly. It seems like doing that would comply with that law without requiring much to change?
That is indeed a valid way to comply with it. What that changes, at least, is that the consumer has the expectation that access ends with the end of the subscription, as opposed to where the expectation is for the access to never end.
AFAIK the issue is with one time purchase games, where is not clear if you will be able to play forever or whenever they want to pull the plug, if they change to subscription based model or free to play, then it will be clear for the players what they are paying for.
The distinction makes sense, but I wonder if the bill will inadvertently incentivize games to move to subscription based models, which would be ultimately be a worse experience for consumers.
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Upfront purchase for something that depends on online services to work raises some questions. The problem with the bill is they want either literally infinite support or an open source server in the end. It'd make sense if there were some time limit based on the price of the game, just to guard against scams like asking $50 for a game that's shut down a year later.
> The problem with the bill is they want either literally infinite support or an open source server in the end.
No the bill doesn't state that. From the bill text [1]
(2) Beginning on the date a digital game operator ceases to provide services necessary for the ordinary use of the digital game, the operator shall provide the purchaser with one or more of the following: (A) A version of the digital game that can be used by the purchaser independent of services controlled by the operator. (B) A patch or update to the purchaser’s version of the digital game that enables its continued use independent of services controlled by the operator. (C) A refund in an amount equal to the full purchase price paid for the digital game by the purchaser.
Just curious, how did you arrive at the infinite support or open source server interpretation?
[1] https://leginfo.legislature.ca.gov/faces/billTextClient.xhtm...
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Do they need to put some funds in escrow? Or will they just shut down the entire company and let the players sue for it. (I know that big publishers won't do that, but I'm sure the lawyers could create shell corporations to solve that problem.)
Or they could just demonstrate that they have an offline play capability right from the moment they sell it.
The entertainment industry has a long history of making successful movies appear unprofitable on paper to avoid paying royalties.
https://en.wikipedia.org/wiki/Hollywood_accounting
The massive battle Peter Jackson had with the studio after none of the LoTR movies made a "profit" was very telling.
Oh, and it's even an example in that Wiki article you linked lol
From the movie "Bowfinger" [0]
[0] https://www.imdb.com/title/tt0131325/?ref_=nm_flmg_job_1_acc...
My favorite example of this is when Warner Brothers said that Malibu’s Most Wanted wasn’t profitable because they spent so much money marketing Harry Potter that year.
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It doesn't really matter how they comply, so long as the punishment for bon-compliance is serious enough to motivate a good-faith attempt. I'm wary of jumping right into encoding specifics into legislation. That said, I'll be surprised if this actually has the necessary teeth.
Bankruptcy is a universal get-out-of-punishment free card. At least, if you're a corporation large enough and foresighted enough to shove your liabilities off onto a fictional subsidiary before starting.
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Step 1: Open LLC dedicated to this specific video game title.
Just make the punishment the seizure and full release of the game assets (all source code, version control history, tooling, and release of copyright/trademarks).
It's always going to be a wild goose chase trying to take money when there isn't any (actually or by design), just take the product and let the public update it as a last resort.
Why not? They'll spin a new LLC for every title and leave it empty shell, without capital to be recovered by the users should they sue.
> the act would not apply to completely free games and games offered “solely for the duration of [a] subscription. Any other game offered for sale in California on or
Well, I predict we'll start seeing more games offered "solely for the duration of a subscription". And also games spun out into their own subsidiary that will just go bankrupt and not comply.
Subsidiary is what I was thinking too. Imagine you were just some indie dev freelancing and all of a sudden you have a big shutdown bill.
Found this quote from the game industry interesting and depressing:
> Consumers receive a license to access and use a game, not an unrestricted ownership interest in the underlying work
Could the game industry just side step this legislation by moving games entirely to a subscription model, with no upfront purchase? When they stop offering the subscription, you lose access to the game. Similar to how various online SaaS businesses work.
> Could the game industry just side step this legislation by moving games entirely to a subscription model, with no upfront purchase? When they stop offering the subscription, you lose access to the game. Similar to how various online SaaS businesses work.
Yes. With a subscription there is already an expectation that you will lose access when you stop paying. But I doubt they'd get much buy-in from gamers for that on most games.
I'm on the treadmill so this may appear jumbled.
Bought PGA Tour 2k21 for $50. In October the servers shut down completely neutering the game. I think you're allowed to play a few courses still. But the career mode, which is why I originally bought the game, was completely turned off. Mind you that career mode had zero Internet needed features. It's like a sports franchise mode.
So good on this bill. 2K should rot for deprecating a game I bought for $50 only 5 years ago.
All this will do is move all games to a subscription model with an N-day subscription waver packed in the box.
This happened to me back in 2024 when Supercell abruptly shut down the game “Clash Mini”. Lost $100+ in in-game purchases.
They did offer to transfer things to other Supercell games, but that had no value to me as I didn’t play those.
I complained to the App Store, but Apple refused to refund purchases made more than 60 days ago (IIRC).
I know things don’t necessarily last forever, especially digital assets, but to spend a lot of money on something only to have it shut down and made unusable within months really stings.
In-game purchases. LMAO.
So what's preventing companies from giving games for free and requiring a subscription or one time membership fee for online play? They'd only be required to refund the full price of the game: $0.
California is really trying to become Europe with regulation as their primary GDP.
Look, patches would be nice. I don't want a refund, I want to continue playing the game.
What I'd prefer is modders not getting sued when they try to implement the online aspect for free, heck or paid at that stage.
If the game is popular enough, the community tends to take care of it. Maybe some legal form of officially abandoning the game?
If the government funds it I'd love to do maintenance on baldur's gate v1 for the rest of my life.
This what California's political machinery is focused on? Rather than the colossal waste that is the high speed rail project, or rampant corrupt use of State and local funds for social welfare projects?
Seems to me like this will incentivize upgrades in a game being very limited time, tied to an event or season (though many games already do this)
Laws like this superficially seem good because it's not nice when online games shut down without a patch but they have the harmful effect of eliminating the long tail of — you could say — low quality offerings, that don't offer these features
It's better to have more offerings on the market, even low quality ones, than fewer. Limiting the low quality offerings does not result in high quality ones naturally emerging to substitute them. It just leads to fewer offerings.
There are two things I think that low quality offerings are good at doing. First, they're good at experimenting with new features. If it's very cheap to try a new feature, because the cost of deploying a new game is quite low and you're basically pumping out a bunch of marginally valuable games, then new features get iterated on more quickly. That eventually flows back up to the better quality games. The second benefit is that it meets some niche needs, where a certain player wants something that's very unusual or otherwise non-existent on the market. And this 5x9 half-baked game provides it. Again, it's very few people who want this feature, but there are a huge number of features like that. It's a very long tail.
I moderate an online community and we introduced democratic rulemaking and people kept proposing and then voting in rules to restrict this or that kind of post because it was low quality or distracted people or whatever and eventually the forum became so much less usable because of the cumulative effect of all these small restrictions. That effect of making the forum less usable was most pronounced on newcomers, who didn't know all the rules and basically couldn't break in because of the barrier to understanding how to generate content that complied with the morass of restrictions.
Most "gamers" don't want to pay $5 for a game you spent 10,000 hours slaving to make. They will complain the game was too short when Steam shows they spent 10+ hours playing it.
Now they want more.
The same is true for TV, movies, books. It's an insanely competitive market for people's time and attention. There are more games on Steam with 10,000 hours of dev time put into them than you can play in a lifetime. Standards for what's worth your limited time and money are therefore extremely high.
If you're passionate about making games chances are you're not going to succeed financially. Set your sights on personal success in the artistic sense. Can you communicate what you wanted, can you enrich some people's lives a bit with your work? It doesn't pay the bills, and that's not really fair, but it's also not unique. Lots of valuable labor receives no reward.
None of this is really relevant to the law in question though, which is itself pretty basic consumer protection against a company yanking back something it sold.
Minecraft, GTA are still some of the largest media franchises of any kind in the world. By players and by expense. They'll continue to make it worth it.
I'm old enough to remember a time when you bought a copy of a game and played it locally. Most games were around $60 and we paid it. It is only more recently that someone decided that viewing ads was a better way to pay for games - you got what you wanted and no one values games anymore.
Even back in the day, if I paid 60 bucks and spent less then 40 hours solving the game I was disappointed and felt like I paid too much. I invested in the hardware and software and I expect something out it.
Happy to pay for your game but don't hobble it or subject me to ads.
They still sell plenty of games as a one-time $60 purchase. Though instead of owning a physical copy, you might only have a key to some DRM system.
If you paid $60 bucks for a sega genesis game in 1990 you were paying about $156 adjusting for inflation. Different figures for different values of "back in the day" obviously.
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I don't see a problem? As a hacker and HN poster, I believe the free market will determine the value of a game. If it's not economically feasible anymore to make games for under $5, the market will adjust.
There are a half dozen games in my catalog that I've played for 10,000 hours for free.
Sure, I'll spend $5 on a game I play for 10 hours, but it's still a bad value for me comparatively. When I do it, it's usually because I like what the developer did and want them to get some financial support. This is also why there are hundreds of unplayed games in my Steam account. It's then also a charity, not a business.
Your $5 game is competing with every game I have available to me and the market is _saturated_. A lot of game development is just bad investment. Like Ubisoft spending $500 million to develop Beyond Good and Evil 2. If that ever even releases, but why would you spend half a billion dollars following up a flop. A beloved flop but a flop.
Consumers of creative works generally are paying for the result, not the process.
> As currently amended, the act would not apply to completely free games and games offered “solely for the duration of [a] subscription. Any other game offered for sale in California on or after January 1, 2027, would be subject to the law if it passes.
So they just make their game free two months before they want to close?
Law systems contain open-ended clauses and lawsuits analyze the intent. If you make your game free, just 2 months prior or even after selling it, just telling that you made it "free" will harm you more in the lawsuits due to obvious malicious intent.
> So they just make their game free two months before they want to close?
Which, afaict, wouldn't change anything in terms of liabilities, because of the people that paid for the game before it went free.
Note, this law would affect less than 1% of all games _released_. Just that those happens to be the games that a sizeable part of the population plays. And even then, you spend more tying your game to a online service than not doing so in the first place.
I'd rather have legislation to give immunity from infringement to hackers who are either reverse engineering or cloning the game that has been shut down instead.
My principles on this are:
1. If a game no longer works then the publisher loses copyright protections. This would often apply to online-only games. There are other games that are a mix of online and offline play that should be treated slightly differently;
2. If the hardware to run a game is no longer sold (eg legacy consoles), then there should be copyright protections for anyone making emulators to make the game work;
3. After a certain period of the underlying hardware and game not being sold, the game itself loses copyright protections. Say... 5 years? Maybe even less;
4. Loss of any online services sold with a game should mean that there is no copyright claim against third-parties making their own servers.
Making a game server isn't necessarily that hard. Forcing companies to open source their servers is problematic and may not even be possible if, say, the studio shuts down. Gamers are a resourceful lot however. I mean, just look at emulators. They can make their own servers if they need them. Just make the law indemnify them against copyright claims if the studio/publisher has switched off those online services and the problem will largely take care of itself.
The rest is just treating games like orphan works. There was a time when identifying a copyright holder was hard and extending copyright had to be actively done or it just expired. If they abandon a game this way, they should effectively just lose copyright (IMHO).
I expect this to be somewhat of a forcing function. If a studio really wants to maintain copyright to a game they no longer sell for a console that nobody makes anymore, then porting it to Steam and continuing to sell it is their path to maintaining copyright. And that should make it playable still.
I don't see any world in which these "stop killing games" laws result in anything close to what the proponents are asking for, for multiple reasons, one of the biggest being that the proponents don't have a clear, coherent, cohesive vision that takes into account all of the side-effects, and everyone you talk to in this space has a slightly different idea of what they want, and even the main proponent, Ross Scott, has a vague vision that changes from month to month, and shifts in mututally-exclusive ways depending on what objection is currently being responded to. I think what will happen is we'll get (A) a law that doesn't work due to some glaring loophole (such as being able to skirt the law by simply giving the community the server binary with no documentation) or (B) a law that DOES work but is so impossible to ahere to that companies simply accept that they'll be sued and bake it into the price of the game.
I agree with most of this, but "server binary with no documentation" is an extremely good outcome compared to the status quo.
People can reverse-engineer a server binary, but reverse-engineering a server that is no longer running is not guaranteed to be possible.
There are worse potential loopholes you didn't mention though.
Looks like it will just push game publishers to a subscription model.
Not a bad idea, but why does this only apply to games?
I prime example of other software this would have benefited is AutoCAD.
People who refused the conversion to a subscription, and maintained their "lifetime" licenses, where shut down after a couple of years.
Because going up against all types of big software publishers at once would invite MUCH more lobbying which would make any progress likely impossible. Better to start in one area, gaming in this case, to get a precedent out there, which then makes the fight against general software publishers easier.
I thought they just wanted to thwart DRM; people still pirate AutoCAD 2018.
It would be fair in general to disallow charging a one-time fee for something that's shut down soon later. I don't expect perpetual support, but there should be some target based on the price that any well-intended software maker will exceed.
Also if you advertise "lifetime license," that should mean lifetime.
How were they shut down? Like as in the old software refuses to start or they cant renew maintenance / no security updates?
Adobe turned the license servers off that the installers used to verify your CS6 installer key. No check pass, no install. Of course, you can just use an LLM to build a patch, or pirate a copy, but it's the principle I suppose.
Agreed! Far too many companies selling software as lifetime license and their renegade on that deal. A refund should be allowed. Or simply make the software offline without drm
To be fair, B2B sales have typically existed in a different world, even for physical goods. Take the Sale of Goods Act in the UK, offering consumer protections. A business simply can’t take advantage of many of its protections as it’s aimed specifically at B2C sales.
This makes the Minecraft model look all that much better than it already was, users pay for an account, the servers are self hosted by the community, as far as I can tell on the surface level Minecraft would already comply with this legislation.
Not quite, afaict. When the auth servers are shut down, you wouldnt be able to play it anymore, even in single player.
Does Minecraft's offline mode not work indefinitely? I'm not familiar with the official launcher but this article [1] doesn't say anything about needing to reconnect occasionally.
[1] https://www.practical-tips.com/games/play-minecraft-offline-...
> The ESA also said the bill would impose unreasonable expectations on publishers regarding licensing rights for music or IP rights, which are often negotiated on a time-limited basis. “A legal requirement to keep games playable indefinitely could place publishers in an impossible position—forcing them to renegotiate licenses indefinitely or alter games in ways that may not be legally or technically feasible,” they wrote.
Wah wah munchie wah.
This would kick in next year. You have time to make contingency plans including a kill switch to put in shitty royalty free music if you need to.
> “Consumers receive a license to access and use a game, not an unrestricted ownership interest in the underlying work,” the ESA wrote. The eventual shutdown of outdated or obsolete games is “a natural feature of modern software,” the group added, especially when that software requires online infrastructure maintenance.
Go fuck yourselves.
Wish they'd extend it to all apps, I'm over paying money to developers who cut and run while using it as a way to land jobs at Microsoft and AWS
https://web.archive.org/web/20260116112028/https://juicessh....
Going for all apps at once is, IMO, an impossible ask. So the better option is to tackle one area first to set a precedent then that can be used to make the fight in other areas easier.
This is some remnant of the stop killing games initiative no doubt. Bad for the industry as a whole, and piratesoftware didn’t deserve to be dragged for being against it, in spite of his other flaws.
So now it becomes way more expensive for small studios to come out with games that have online features. This is a huge win for big studios who will suck up all that market share.
Handing over a standalone server to the public is a massive engineering, financial, and legal headache. Modern multiplayer games rarely run on a single isolated program. They rely on a huge network of interconnected cloud microservices.
A single match might require separate proprietary systems for matchmaking, player inventories, anti cheat, metrics tracking, and database management. Many of those come with licenses that don't allow you to just give away the code for free.
Disentangling the actual game logic from these third party platforms like AWS or Epic Online Services requires months of rewriting code. At that point you're basically re-inventing the wheel on so many technologies that your costs go up exponentially.
Games are rarely built entirely from scratch by a single company and are usually packed with licensed third party software like proprietary network code, commercial physics engines, or specific anti cheat software. Because the studio doesn't own the rights to distribute these proprietary tools to the public for free then releasing a standalone server forces them to spend extensive legal and development hours stripping out the restricted code and replacing it with open source alternatives.
Releasing server code also exposes the inner workings of the company's technology. If a studio uses the same proprietary engine or backend framework for their active money making games then releasing the server code for a dead game essentially hands hackers and competitors a roadmap to exploit their current profitable titles.
Does it though? Just release the a standalone server once the game is done making money.
Updated my original post to explain why this wouldn't work.
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Counter-Strike: Global Offensive was a game running all of these things (matchmaking, skins, anticheat ...). After Counter-Strike 2 was released, the servers for CS:GO were shut down. Yet, the game remains mostly playable. Sure, the skins no longer work and there's no official matchmaking, but third parties have stepped up. That's because Valve released (and have always released) server software.
I find this argument quite bad. It was done in the past and it's still being done today. There's nothing preventing any company from doing it except for a combination of laziness and greed.
CS:GO's server architecture makes perfect sense for a game that would be easy to release server software.
What do you do for, say, a failing MMO built on a proprietary game engine you're trying to make a sequel for?
How many small studio games have online multiplayer? Like really?
it'll be a lot less with this law
> Releasing server code also exposes the inner workings of the company's technology.
And yet releasing standalone servers back in the 00s was the norm, rather than the exception. I don't buy the argument.
What you're noticing - that companies suddenly started closed-sourcing their server code, isn't just something that happened for no reason. Internet connections got fast, and it enabled more complex games like MMORPGs and MOBAs which are an order of magnitude more complex than the shooter games you're probably thinking of (Quake III?)
A LOT of architectural thinking goes into scaling MMORPGs, and it starts at the data model. I've watched quite a few interviews with WoW devs, and the data model for their system is counter-intuitive. That constitutes a trade secret in my mind.
And that's something that companies that produce MMORPGs/MOBAs/etc. can conclusively demonstrate in court.
That said, it's possible that companies could release a "nerfed" version of their server code with trade secrets removed for the community to run once the official game servers are taken down. It isn't clear if that'll be in scope of the law, or if that's even what proponents of Stop Killing Games would be okay with. We'll have to see.
This is the road of stupid that stop killing games has paved.
Are you by chance the first second-generation Blizzard employee?
why do you have to be negative?
currently there's a huge risk Marathon might get shut down like high guard or concord because of player numbers. If they shut it down, nobody could play it anymore.
If there's a system in place for us to be able to host our own servers, or... I don't know? OWN the game we bought and play it because we OWN it because we PAID for it. Then yeah, that's good and it's a good movement and I fully support it.
I genuinely don't understand the other side of this argument because it just feels like no for the sake of no.
The main no argument is that it makes risky games riskier for the developer, publisher and IP holder. Games like Marathon never get approved.
I mean, if government overreach (IP, DMCA 1201) is preventing us from using the things we pay money for in any way we might, might as well add more government overreach on top to claw some rights back?
The "final boss" of bad legislation. Often, Government intrusion into the markets is worth the side effects.
But in this case, even the best-case outcome is extremely dumb. Companies are forced to expend resources just so a few niche hobbyists are not inconvenienced. And there will be side effects, ultimately including geo-fencing of games to exclude California. It's a big market, but you can't make up for a net loss with volume.
> Companies are forced to expend resources just so a few niche hobbyists are not inconvenienced.
Yeah those poor companies. They should just be allowed to take our money and then stop providing a service we paid for. Won't someone please think of the corporations????
What kind of weird argument is this? If I pay for a game then I, you know, want to be able to play the game. You know what I don't care about? Whether or not it's profitable for Ubisoft to keep a cheap signing server online.
I take your point and also don't give a damn about corporate profits but it is a little bit "talking past" the parent. To me the important part of parents point was the next step: therefore the companies will just avoid selling to California which is an unintended consequence.
I think this can be argued with directly on its merits - 1. maybe, 2. also that's probably fine, 3. also that's not what happened with car emission standards, etc.
What if an Indie developer wants to make a game, where the primary mechanics and state live in a "service" they control? Why should they be burdened with this stuff if they move on, if indeed they sold a "service" and not a piece of software?
My view has nothing to do with Corporations... I just really don't understand what players feel they are entitled to here. If you want "software" then buy that, and don't use the Service games.
Unpopular view I suppose. Maybe it would mean more games you could actually own, but I think it would just have bad effects.
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So game should be playable forever then? You bought an online game 20 years ago, it should still work today.
For 20 years you need to support, patch, keep people and infrastructure.
Why the tech industry does not do it? I still want to use windows XP. Why my Nexus 5 does not work anymore ect..
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Yeah I have no sympathy for companies, but unfortunately companies just pass their costs along to the consumer, and I do have sympathy for those.
it seems like it would be good programming to parameterize the details of how to connect to a server, so really all the game developer would need to do is document the requirements for the server/make the server software.
..things they'd be doing anyway as they developed the game??
This is the main reason I never bother playing new MMOs or online-only games, after a few that I liked shut down after barely 1 year.
Hellgate London, Paragon...
The law should go further: If an IP isn't revived within N (say 5) years, release the source code for the servers.
Can't say I support this. Legislative bodies should be dealing with actual problems in the world that meaningfully make the lives of regular people worse, not gamer entitlement.
Not being able to use a product that was purchased is an “actual problem” that “makes the lives of regular people worse.” This is going to blow your mind, but this kind of stuff is EXACTLY what people elect governments to do.
You were able to use it. Nothing lasts forever. People need help with a world that is hell, not video game related problems.
The law is exactly the place to deal with entitlements.
Dumb. Just make it legal to reverse engineer the software, the community will take care of the rest, in a way the community actually wants, instead of getting just the bare minimum compliance from the original company, if they even still exist.
I tend to agree with you that allowing the community to keep games running would be a more desirable outcome, but I don't believe California could make such a law. As I understand it, reverse engineering is already illegal federally because of things like the DMCA. California can't just make the DMCA not apply in this case because its not a California law. However they can pass consumer protection laws making there be consequences for abandoning a game when the consumers are in California. Given the alternative is probably do nothing this does seem good.
I don't know about California, but AFAIK reverse engineering is legal, but breaking DRM protection isn't, so what companies did was to put DRM in their software, hence the reverse engineering became illegal.
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You want the "community" to reverse engineer the game server, where all the game logic lives, from the game client? This is the state of many online only games.
Of course it should be legal to reverse engineer software you own, but you have to actually have access to the software to reverse engineer it.
People did it for World of Warcraft, and continue to do so with each expansion.
I can host and play a WotLK server locally, offline on my desktop with AI player bots with minimal issues thanks to the work of the community
We can do both! This seems more viable for the moment, unfortunately. Challenging copyright gets much more pushback than even pro-consumer obligations like these.
California seems to be a leading grounds for online law as well for the technology itself.
Lots of clearly needed specific laws. Europe is fine too, but they err on the side of caution and smother actual innovation.
Which is interesting because the Silicon Valley companies themselves incorporate in DW anyways, so it seems to be a separate consumer led legal trend.
California being 4th largest economy gives it some market power, just some though. Companies still make special considerations only for California - including total exclusion - as opposed to just implementing the good idea across the nation or world.
Feels like malicious compliance, but I’m used to it now, I’ve done the same in other industries like raising or issuing capital, so I cant be mad about consumer protection style patchworks then
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Gamers are competitive, but so are lawyers, and you're playing on their turf. As with a boss fight, they stand a good chance of winning, especially the first time.
(I would note that being called "racist, mysoginistic, rape apologists" does seem to bother you enough to bring it up in an unrelated context.)
Edgelord copypasta is not suited for this platform.
Funny, but I don't think HN appreciates meme comments.
go back to reddit ;_;
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If you do not care then why did you take the time to share an opinion on the topic?
I care about the topic from a legal and technical standpoint and am interested to see the outcome, just have no skin in the game and no sympathy for the industry or a bunch of children (both literal and figurative) who will whine whichever way it goes.
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What an asinine comment.
Gaming companies rendering games you paid for unusable is a real problem, just as much as planned obsolescence occuring in everyday items.
Screaming children? Really? Most gamers are over 18 and there's billions of them.
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