Full disclosure, I’m a little uncomfortable writing this. I like reading Penny Arcade, I’ve met the people-shaped components that make up the now monolithic P.A., definitely enjoy their company, and frankly, I just plain like getting along with people. Dissonance is upsetting on a fundamental level, especially when it’s made out to be an issue of right, or wrong. What can I say, I’m feeling a little masochistic.
Most of the time when people put their opinions on the Internet, it’s a relatively silent affair. There is rarely thoughtful response, less often dialog, and only occasionally the merest ripple of permanence. Unless you’re, well, kinda famous. Then you get people like me, reading things like that, and writing stuff like this. It’s even possible that Jerry wrote his post sometime in between showing up to the office and being slammed with pre-PAX crazy ten minutes later. Those guys are busy, and odds are there’s more he’d like to say on the topic. So here’s my ten minutes, wedged in between N4G and bedtime:
In his post, Jerry states that he “honestly can’t figure out how buying a used game was any better than piracy”. He goes on to posit that a game purchaser is a customer of the developer/publisher by purchasing new, and when purchasing used they become a customer of the retailer. The latter assertion is misleading: unless you are somehow buying directly from a developer you are a customer of the retailer from the get-go: the retailer purchases from the publisher, and you purchase from the retailer.
Furthermore (and oh, what a furthermore it is), the notion that you are buying new directly from the developer and that this is somehow more right makes it weird for the consumer to price-shop. Does one game retailer offer a game at a buck less? If it is an issue of more rightness to support the developer as much as possible by getting as much of your money from your pocket into theirs, then price shopping is less good than spending as much money as possible on the product, because if you are acting as a customer of the developer you are robbing them of those dollars – and that is truly bizarre.*
However, that’s not the case. The price you spend on a game new does not directly affect the developer because the game has already been purchased from them. Again, the retailer acquires the product from a publisher, and consumers purchase from the retailer. The publisher of the product has already sold, say, 100 copies of the game. The retailer is out the money and wants to move those items, new and at the highest price possible because doing so nets them the most profit. At no point in this process are you a customer of the developer. Can you imagine going to Best Buy and calling up Naughty Dog or Sony to complain about your retail experience picking up Uncharted 2? That would be weird for everyone. Don’t do that.
THQ’s scheme, a catalyst of sorts for Jerry’s post, implies that there is a kind of multi-player fee built in to the purchase of their titles, that when the retailer acquires these games they are paying the publisher this fee for each game, a Multi-player Tax! It follows that that fee must be recouped by THQ upon resale or they will suffer adverse financial conditions. However, there is no additional load on their servers. A game once bought and once resold still only adds up to one game at a time, sort of a you cannot create or destroy matter thing. The server(s), the infrastructure needed to support the game, is based upon the number of copies of the game in circulation – not whether those games change hands – and the number of copies in circulation begins when the retailer purchases from the publisher. Then, when it’s no longer financially viable to maintain the infrastructure, the servers close down.
THQ’s proposition is not an issue of wrong or of right, it is an issue of dollar signs and bottom lines. It is a punishment of sorts, certainly a disincentive: you should just buy it new, because it’ll be less of a hassle. I’m not certain the market will bear it, but THQ’s suggested model (even if a perceptual punishment) is not immoral, nor is it illegal. Of course, neither is buying games used.
So, in answer to “how buying a used game was any better than piracy”, it’s legal. Legally, there is nothing to keep you from reselling your copy of a retail game. There’s no doubt that the likes of software have made things like intellectual property law tricky. Try not to let your eyes glaze over, I’m going to mention the first sale doctrine, but I’ll make it Band-Aid quick! According to the first sale doctrine once you buy a copyrighted item the author of that item can’t, through copyright law, stop the resale of that item. Copyright covers the right of distribution, if it extended beyond distribution the copyright holder could retain control of the item.** The model is such that manufacturers can recoup their losses and acquire profits from the first sale of a product, and after that it’s all retailer gravy.
Idly, I wonder where the guys land on buying classic games and systems. If you find an Atari 2600 or a stash of NES games at a garage sale, do you pick them up? Do you write a check to Atari and Nintendo? Hunt down the game developers? This is a large part of why the first sale doctrine exists: manufacturer’s tracking an item past the point of sale isn’t sustainable.
It should strike you at this stage that there is benefit to be had on the retailer side, and I think it’s that potential that ruffle feathers. That games fetch a higher initial dollar than many frequently resold items (think clothes, books, CDs), and have reasonable volume, is a factor in this burgeoning market. Retailers buy an item, then they sell it for profit. They buy back that same item, they resell it for profit. If the publisher can devise a way to snag a piece of the revenue that comes from secondary sale, then they should get on that, but it is not the responsibility of the consumer to work that out for them anymore than it is to put as much money as possible in the retailer’s pocket. This is a publisher-retailer relationship and issue, and they do what suits their pocketbooks. Publishers want their games in retail. If they didn’t they would sell them independently, but they don’t, because they make more money with the games in retail. Retailers could sell only new games, but they don’t, because they make more money selling new and used games. Consumers could only buy new games, but they don’t because they can save money by buying used games. Why, then, in this chain should publisher, retailer or consumer be cast in morally unflattering light? It seems the situation is, at present, pretty darn symbiotic while still retaining that combative ferocity so characteristic of worldliness.
Yet the Penny Arcade discussion goes beyond legal yes-and-no and economics into semi-sanctimonious turf about buying games like it is a moral issue, and we’re not even talking about “ethical consumerism”. Is this born from the fact that Mike and Jerry no longer face the kind of budgetary concerns that initially drove their used game participation? That unlike back in their heyday of selling and buying used, they now can afford not to? The imperative that you should buy a game new because it is morally right is untenable.
Really, I mean really, this recent post from Penny Arcade gets me all twitchy because it seems to represent so much more, a harbinger of sorts in the Penny Arcade brand, an Us-Them divergence that has Penny Arcade defecting to Them, taking the side of “the industry” when it adversely impacts “gamers”. I respect the organization, from things like Child’s Play to PAX – and that PAX is as affordable for the gamer as they can make it without just throwing everyone into a pit of electrical outlets and surge protectors and calling it a day. I don’t want this to slip away.
*What about rentals? Or, if you want to open a whole other can of worms, what about price fixing? Games are, by-and-large, sold at an identical price point regardless of development costs. Sometimes thoughts are like endnotes, cluttering up space.
**Hey, bootleggers***, take note: illegal reproduction of a purchased item is not covered under first sale doctrine. That’s still illegal reproduction.
***Yeah, I insist on calling them bootleggers. I think comparing a non-violent criminal to a violent one is disingenuous. I also put a footnote in an endnote, which is a different kind of non-violent crime.
For anyone that I have tried to meet up with at past events (and failed), we know how difficult a feat it is to cross paths in all the mayhem. I’m making it a tiny bit easier. There is a window of time at PAX Prime in which it will be dead easy to find me – I’m on a panel!
Online Gaming Communities & “Real Life”
Saturday, September 4th
Wolfman Theatre, 3:30 PM
The panel is spearheaded by 2old2play’s Derek Nolan,
It’s not all running around and craziness, here are a couple quiet moments from the show:
Shanghai Six of Front Towards Gamer talked to me over the weekend about E3 stuff. He got the good stuff, courtesy of my E3 plague and Nyquil!
For the “Ten-iversary”, Shanghai Six sits down the Cathlin “Catastrophe” Sentz, the Community Manager and Admin for the NewsBoiler Network (see also: N4G and ZTGD) to go over all the mischief she got into while she was in Los Angeles for E3 2010! Hey, if you can’t send someone from your own site, hijack someone else’s correspondent!
Also, helping with hosting duties for this week, Shanghai brings Del and Nico back on to talk about their god damn love affair with Excalibur. BAKA!

Activision’s event just wasn’t exciting enough for us. In the day prior Twitter was alight with rumors of who would be performing, from Eminem to Lady Gaga. So much so that my co-conspirators and I thought it would be a great idea to tweet that Bieber would be performing. After the tweet, we got a kick out of talking loudly in crowds about how excited we were to see The Bieber. It was funny enough and made us laugh, especially when we joined forces with Greg and Jason.
(of course, I was hanging out with Brandon Winfrey of GamesonSmash, and he’s kind of rocking the Bieber look)
The culmination? Hitting the VGChartz party post-Activision, and being asked, “Hey! I heard Justin Bieber was going to be there! Was he?”
Viral victory.
The Tester is looking for candidates! Auditions have begun, and I gotta hope we get some more N4Gers on there!

In its debut season both Cyrus and Naucious were active members of the site, though Cyrus (or UNCyrus, as we know him) was a part of the forums and a Trophy leader earning him serious N4G support. Of course, we like to think the threat of flaming and a possible banhammer kept him on his toes, particularly during the trivia challenge.
Travel back in time with me, to before E3 2010 struck. We were all so innocent…
Last weekend Kevin Sousa of the ParaNerds Podcast interviewed me about general gaming and geekery. You can give it a listen here, and laugh about predictions and what we thought was cool a week ago at will. Kevin is a nice guy, so you should pretty much just listen to his podcast.
Just made it back home from the I Am 8-Bit Scott Pilgrim party – no Michael Cera, but the crazy Lakers fans did blow up a car next to our hotel. Asplosions aren’t just limited to Activision events.
Started the last day of the show with the lovely ladies of gaming at the first ever “women in games” photo shoot. I was less uniformed than the Ubisoft contingent, though it seemed like they brought their booth babes out for the picture…not sure that counts.
Might have played some games today. Hard to say at this point in the show. There was Move, there was 3D…and then there was Civ 5. Happiness!
Oh, and the cutest swag of the week, the Spirit Hood from Nexon:
G’night super cool party people!
Spent time with the folks at Bulkypix to check out a couple pretty iPad games, then waited in line. Mostly waited in line. The line ended with Kinect, which was underwhelming. Will finish up video and commentary tomorrow, which may or may not include the Felicia Day ogling I did, as she was playing Kinect in the neighboring bubble.
While at the 360 both had fun with both Lara Croft: Guardian of Light and Fable 3. The former, an Arcade title, was a fun bout of co-op play with kind of a Diablo feel. I need to think some more on the Fable 3 experience, mostly because I was really into Fable 2 so I’ve still got nitpicky questions for those Lionhead folks (who kindly put up with the first round of nagging).
The only folks badgered more were the MTV/Harmonix foks. I went into the Rock Band 3 appointment pretty skeptical, and very focused on the Fender stringed guitar that works with the game. It turns out that what they’re doing, contrary to all my pesky preconceived notions, is pretty cool.
Was given Grip-Its while walking around South Hall. They’re analog stick covers are “designed to elevate performance, extend game play, and give you the competitive edge” . They’re little controller condoms.
Spoke with Michael Pachter. We discussed important industry issues and/or that he’s never been to Idaho.
Hit the BIG/WIGI event this evening, which had some great door prizes, most of which went to WASP. The conspiracy continues…
Woke up this morning and my hair was still wet from he previous night’s shower. Yeah, I’m sleepy. Nintendo kicked off the day, and I’ll add more thoughts to those nebulous notes sometime. Mostly it was an exercise in digital age futility – no internet and twitter was down. Same for the Sony presser, which meant some quality time in the media center instead of cruising the floor.
As a result, I only had time to catch a few titles on the floor today and of course I made PixelJunk a priority! It’s always really difficult for me to play games on show floors; I do not do well with distraction, or that level of spectator pressure. Still, managed to have some quality stage clearing before playing around with LittleBigPlanet 2.
IndieCade was going on at our hotel, which I gather is a venture to support indies and give them an outlet for their work through the PlayStation Home space. From there, off to SFX360′s Gamers Gone Wild party at the lush Suede bar (it was great to finally meet Peench of PGL, especially since he traded swag with me, but we missed Geoff!). After I went deaf there, it was back to the hotel for some room service and this lovely Dear Diary moment. Because I’m an old lady like that.
(btw, Amanda, Will and Sam helped me achieve a hattrick! Good to see you all again today)
First off, Sony gave me lunch, which is a sure way to keep me in a good mood. It’s a good thing, too, since the next thing they did was give me 3D glasses. I’ll get it out of the way: I don’t like 3D.
After a brief introduction from Tretton, who touched on the life cycle of a Playstation console and the value of exclusives, Kaz Hirai took the stage for the 3D fest. Highlighting the tenets of Playstation, “innovation and content”, Hirai asserted that “Sony is the undisputed leader in 3D” and ”What playstation did for Bluray we’re now ready to do for 3D as well”. With twenty titles created natively in 3D by March 2011, he said the year would be remembered as, “the year playstation brought authentic 3D to the industry.”
Did I mention I don’t like 3D? It hurts my eyes. It’s really dark. And when things move too fast you can’t tell what’s happening.
We were then treated to some Killzone 3 in a live demonstration. Specifically two sections for the 4th level of the game taking place in the arctic north of Helghan. The first section focused on ground combat and use of the jetpacks while the second on air combat, both heavily featured the destructible environments. It looked cool, but it was so hard to appreciate the gameplay, the environments and the combat when I was so busy just trying to wrap my eyes around the 3D nonsense. They aim ”to deliver the most realistic sci-fi shooter experience available” in February 2011, and it will be fully compatible with Move at launch.
“What tiles like Avatar are doing for movies, titles like killzone 3 will do for games.” Kaz Hirai
The game they used to show off the Move to greatest effect was Sorcery, a 3rd person action adventure game designed for Move. You play as a sorcerer’s apprentice and must rescue the land from darkness by playing through faery realms. The gameplay demo onstage was fun, and I look forward to getting hands-on with the title. Your motions affect power as well as trajectory, and the spell combinations were neat – like the ability to create a wall of fire and then send a whirlwind through it creating a fiery whirlwind that scoops and scorches your enemies. Slated for Spring 2011.
Next up was a demo of Tiger Woods with Move, and golf is still boring.
Heroes on the Move should collect some fans, it features Ratchet, Clank, Sly, Bentley, Jak and Daxter in a playful weapon-heavy romp.
“Gaming is having a ridiculously huge tv in a tiny 1 room apartment.” Kevin Butler, VP of Scene Stealing
Move will ship EU September 15, NA September 19, and Japan October 21. The Move controller is priced at $49.99, the navigation controller at 29.99. Move bundle including a Move controller, PS Eye and Sports Champs game goes for 99.99, while PS3 bundle including a PS3, PS Eye, Move controller and Sports Champs is set at $399.99. Four titles will be available during the holiday with games like Socom 4, Time Crisis, NBA 2k11, Ruse, Killzone 3, Echochrome 2 and Eyepet in the pipe. Games like Toy Story 3, Heavy Rain, and RE5 Gold Edition will have Move compatibility as well.
PlayStation Plus comes out later this month and can be purchased for one year at $49.99, or 3 months for $17.99 – and for a limited time you can get 3 months for free. Plus touts exclusive features and content, early demos and beta access, and discounts on the store.
Quick bites:
Invizimals was quickly overshadowed by God of War: Ghost of Sparta for the PSP, which chronicles Kratos’s rise to power.
Little Big Planet 2 showed off excessive cuteness and some badass real time strategy and shooter levels.
Medal of Honor unveiled Deuce, and said June 28th they will debut a series of videos where tier one operators share their experiences and stories. The multiplayer is being handled by DICE, and we were shown a new map that looked a lot like a game…we’ll call it Small of Pooty. Available October 12, limited edition will include 2002′s Medal of Honor: Frontline.
Dead Space 2 showed off a boss fight and advertised the limited edition pack, you can get Dead Space Extraction and Dead Space 2 with Move support.
Portal 2 Surprise! Gabe Newell showed up to announce Portal 2 for the PlayStation 3, making it ”the best version on any console”. Coming 2011. <3 Glados
Pretty, pretty FF XIV MMO vid.
Mafia 2: Agusut 24, exclusive day one content, for free.
Got a look at Assassin’s Creed: Brotherhood online mode, which does not seem to feature any sisters – but those are some elaborately attired dudes. At launch the PS3 version will include an exclusive package of missions and the beta will only be available on PSN.
The GT5 (November 2, 2010) footage was beautiful, and there was even a snippet of The Stig!
The Infamous 2 trailer confirms some icy new powers for Cole, as well as some truly objectionable pantalones. Seriously, change the pants.
David Jaffee and Scott Campbell’s demo of the new Twisted Metal (2011) highlighted the online game mode “Nuke”. Set up as faction v. faction, players must capture the opposing faction’s leader, feed ‘em to the missile launcher and guide their missile to the giant airborne image of that leader. Three times. If you like Twisted Metal, you’ll be happy right about now.
Home has a replicated booth for anyone that wants to experience the PS E3 Booth in virtual space, and Tester fans take note: the casting call for season 2 begins today.
Upside? I saw Bowser flame Reggie’s face off.
Fils-aime: Technology is only a tool, the end product, the thing that does matter is the experience. And the best experience only come when technology and game design are perfectly matched.
Happily, the first title revealed was The Legend of Zelda: Skyward Sword, which allows you to use the Wiimote and Nunchuck as the sword and shield. Shaking your hand will pull out the sword, and you are able to swing at “any angle”. You can use the Z button to target, and defeat enemies by slashing their weak points.
Until I get hands-on time of my own, the effectiveness of the control scheme is dubious. Miyamoto came onstage to show Bill Trinen how it’s done, but the controls were jumpy and a number of the attacks and defensive moves – like using your shield to fling a projectile back toward an enemy – failed. The guys on stage attributed the spotty performance to “wireless interference”, and I honestly couldn’t tell you if they were joking or not.
Sword is still your weapon of choice, however, and in addition to cutting grass it now fells trees and even serves to confuse those pesky eyes guarding locked doors. Holding the sword aloft charges it with power from the heavens and allows you unleash special attacks. To access the rest of your arsenal, stored in your pocket, hold B. Some quirky items are the beetle, which you steer through the air to pick up items, and the whip, which cuts grass and antagonizes enemies.
Graphically, it looks like a Zelda title for Wii – unimpressive. At least you have until 2011 to muster more enthusiasm, development is set to continue through the remainder of the year.
On sports titles, Fils-Aime juxtaposed realism and fun, as though the two are mutually exclusive. Since they then announced Mario Sports Mix (2011), I’m guessing they went with realism.
Getting around that Pierce Brosnan problem, the recently leaked and now officially announced Goldeneye game will feature Daniel Craig as James Bond. The Activision title is set to release this holiday season.
Epic Mickey looks different from those beautiful concept art shots we saw so long ago, but it also looks like fun. Warren Spector and Adam Creighton showed us two distinct parts of the game, which takes place in Wasteland. We began in Ventureland, a quest zone where you can talk to characters and pick up quests as well as tools and other items. Kicking off with Mickey having a chat with Smee, from Peter Pan, it’s clear the game full of old characters and places, including one of my childhood favorites: the Swiss Family Robinson House. Also shown was a Travel Zone, which are side scrolling platformers you use to get from one area to another based on old cartoons – like Steamboat Willie – and classic platforming. You are equipped with paint and paint thinner, which means you can opt to remove obstacles or restore them, with the latter effort requiring a bit more creativity. The game’s producer said that how you choose to play will not only affect how the world looks and how character’s respond to you, but how the game ends for the characters with choices between completing smaller quests or those the target the “greater good”.
Officially revealed today was the 3DS, with improved graphics capability and, oh yeah, 3D. The new 3DS adds a slide pad to the controls, a motion sensor and gyro sensor. Additionally, it’s possible to watch 3D movies, and two camera lenses on the outside of the DS are for taking and viewing pics in 3D.
It was then explained that Project Sora was established to create a game designed specifically for Nintendo 3DS. Satoru Iwata teased, “We felt that such a game deserved to feature a character that is already familiar to you”. The game is Kid Icarus Uprising, and the release date is unannounced.
Also likely to have a release date along way off? The 3DS. While we were allowed brief hands-on time with the handheld (each of which was tethered to a model), what I saw was interesting, but not really impressive. It reminds me of what is being done with 3D for the iPhone, a fixed image around which you can rotate. How it will work with a game and in game camera is unclear. If during the course of play you tilt the device, the image is no longer 3D and flickers in and out.
Partial list of games that will be developed for 3DS: Kingdom Hearts, Super Street Fighter IV 3D Edition, Saints Row, Professor Layton and the Mask of Miracle, Resident Evil Revelations,Madden NFL, Batman, Ubisoft Assassin’s Creed Lost Legacy, Dead or Alive 3D, Samurai Warriors, Ninja Gaiden, Ghost Recon, Splinter Cell Chaos Theory, FIFA Soccer, Metal Gear Solid and Ridge Racer.
Some “also announced/shown” titles:
Kirby’s Epic Yarn, Fall 2010
Dragon Quest IX: Sentinels of the Starry Skies, DS: Arrives in US in 26 days
Metroid: Other M, August 31, 2010
Fils-Aime: “What hasn’t been lost is a sense of isolation and exploration that has always been the hallmark of the franchise.”
Donkey Kong Country Returns, Holiday 2010
Wii Party, Holiday 2010
Just Dance 2, Fall 2010
Golden Sun: Dark Dawn, DS, Holiday 2010
Nintendo Press Conference, Nokia Theater, Los Angeles, June 15th
Just got back from second night at The Broadway Bar, this time the tab was on VGchartz. Again, Will, Amanda and Sam were kind enough to keep me and my drinks company, along with Cade and some of the Sarcastic Gamer crew. They were helping me sort through myriad emotions following the strangest event yet – Activision’s.
There was music: Usher, Eminem, Jane’s Addiction, Maynard from Tool, Rhea, NERD, Chris Cornell…which had almost nothing to do with games. There was also a pole dancer on the world’s largest pole which prompted two troubling questions: Is giant pole the next peripheral? and, Is it possible to get pole burn?
And the Black Ops trailer was very fiery.
I was a bit cranky about the whole thing since the first 3 hours of the event involved being shuffled from one sweaty line to another, and when we were finally herded to our “VIP” destination, there weren’t any drinks. Not even complaining about lack of booze, I couldn’t get a water. Ended up trading in those seats for a suite with some icy drinkable goodness shortly afterward. (thanks, Andy and Gretchen!)
Some things happened before that. Like eating at Roscoe’s – mmm, chicken and waffles – picking up the badge holder and pre-registering for Sony’s press conference, and then Oprah giving away some Xbox 360s.
Tomorrow: Nintendo and Sony pressers!
Yesterday I forgot about timezones and almost missed my connecting flight to L.A. like some kind of air travel n00b. Made it from LAX to the PlaystationBlog meet-up – just in time to miss Kojima! I had this great idea that I’d be able to grab a bite to eat between the 7 p.m. end time and Kotaku’s 9 p.m. party, but with an open bar on offer at the latter the line was already forming (if there’s one thing geeks have perfected, it’s queueing).
Will, Amanda and Sam steered me safely to this particular line outside The Broadway Bar. About those guys, a lot of people kept coming up for pictures with “Cyrus”, “Amped” and “Doc”.

So…that was weird.
Amanda and I managed to have some girl gamer solidarity without getting matching tattoos or starting an alliterative website about our femaleness and gaming, so I’m putting that in the “win” column. Oh, and Tester fans, at no point in the evening did Sam eat beer-ios, make of that what you will. (Ladies, be advised, he’s off the market)
The Kotaku party was a great mix of game makers, journalists, PR types and more – and since no E3 badge was required for entry, general public nerdiness. One big difference between PAX and E3 is that when I introduce myself at PAX, I tend to get a blank stare and it’s a smidge awkward trying to explain N4G. “So there’s this website – wait, no let me start at the beginning. There’s this thing, it’s called The Internet…” I love getting to meet the writers that populate our pages, the developers that track their games’ news on our site, and most of all I like letting people know there’s a person in there. Hiya!
Mostly, I’m already tired. It’s Monday morning, and E3 is sneaky, very sneaky – it’s all “I’m from Noon on Tuesday to Thursday evening, but what it means is “you will be on your feet nonstop from Sunday through Friday”. Jerk. I need some of that Zombie Blood.
Provided you have lady parts.
The gals of Gaming Angels are reporting that things are going to get a little all girl gamer gang next Thursday!
Every industry and gaming female at E3 is invited to an Ubisoft photo shoot of “Women in Games” at 9:30 a.m. at the south side of the plaza in front of South Hall (at Pico and Figueroa St.). If you’re late, no dice.
This will be the first of a hypothetically annual photo for the ladies at E3, and while it’s easy to attach all kinds of girl-power jargon and PR speak like “promote women in the industry”, I’m not feeling like cracking wise. Frankly, I’m feeling a little starved for some girly fun, and this sounds like a great way to kick off the last day of E3!
I’m Community Manager and Admin for the NewsBoiler Network, home to N4G, TechSpy, AnimeShinbun, FilmWatch and 11×2. I also write for network editorial site, ZTGD.