The Litigation Hammer

Mysnomer

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oranger said:
And of course, the moral of the story: do your damn research before signing a contract.
And have contingencies.

edit: a flood is coming, and the animals are running. A frog comes to a riverbank, and sees a scorpion unable to cross the river. The frog gallantly swims the arachnid across, after which the scorpion stings him.
Dying, the frog asks why, to which the scorpion says, "you know what I am".
Except in this case, it's more like the scorpion carves out the frogs guts and wears his skin, allowing him to continue swimming across the river unimpeded.

Edit:
omicron1 said:
@Oranger: I've heard a variation on that in which the scorpion/other poisonous/deadly animal stings/bites the hapless ferrycreature mid-transit, killing both.
I heard it this way too, so I interpreted Oranger's post that way, but if he meant they get to the other side and then the scorpion kills the frog, the metaphor works better, without my meddling.
 

heyheysg

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Jul 13, 2009
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If you're an indie dev and a publisher wants to work with you, why not go to one more trustworthy?

I mean it's a kind of 'less evil' scenario, Activision screws people over until no one wants to work with them, people go to EA. EA gets an evil marketing exec, turns evil again, you go to 2K. By the time 2K becomes evil, Activision loses their market shares, becomes nice again.

Right?
 

RaphaelsRedemption

Eats With Her Mouth Full
May 3, 2010
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heyheysg said:
If you're an indie dev and a publisher wants to work with you, why not go to one more trustworthy?

I mean it's a kind of 'less evil' scenario, Activision screws people over until no one wants to work with them, people go to EA. EA gets an evil marketing exec, turns evil again, you go to 2K. By the time 2K becomes evil, Activision loses their market shares, becomes nice again.

Right?
Sometimes, you might not have the choice. The industry is famously cutthroat.

OT: Thank you so much for this article. I honestly learn more about how the games industry works through this site than I do through my games diploma studies!
 

Mysnomer

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Cody211282 said:
I seem to be the only one of my friends who care if activision is evil as hell, they just want to play call of duty. I sorta feel bad that bungee is now working with them, they should have seen what happened with IW and gone somewhere else.
Actually, they did see what happened, they've already secured the rights to their IP [http://www.escapistmagazine.com/news/view/100346-Bungie-Not-Concerned-About-Infinity-Ward-Debacle].

And I just wanted to ask, if I buy an Activision game used, does this support them in any way? I know they hate used sales b/c they supposedly don't make any money off them, but I'd like to do as little as possible to help them while still enjoying good games.
 

oranger

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Mysnomer said:
Cody211282 said:
I seem to be the only one of my friends who care if activision is evil as hell, they just want to play call of duty. I sorta feel bad that bungee is now working with them, they should have seen what happened with IW and gone somewhere else.
Actually, they did see what happened, they've already secured the rights to their IP [http://www.escapistmagazine.com/news/view/100346-Bungie-Not-Concerned-About-Infinity-Ward-Debacle].

And I just wanted to ask, if I buy an Activision game used, does this support them in any way? I know they hate used sales b/c they supposedly don't make any money off them, but I'd like to do as little as possible to help them while still enjoying good games.
Absolutely dood, buy used games when you want to boycott, and buy new when you want to support. that's what I do.
 

JayDub147

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Bruden said:
Just look on the Bright side, Activision is now partnered with Blizzard, which means in a decades time Blizzard will have expunged the cancer, probably merged with someone else, and Activision will be a vague name gamers used to whisper, just like what happened with Vivendi.
Actually, based on the way cancer operates, I would say that it's more likely that Activision will expand and choke the life out of Blizzard and every other company foolish enough to join with them (like Bungie). It will continue to spread and will end up destroying the entire organism.
 

Freshman

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And my friend was arguing that humanity is ultimately good. HA. This is why so many people hate the United States. No way your getting away with shit like this in the glorious peoples republic of china. Like seriously, this makes me hate America (or at the very least its judicial system), and I fucking live there. SUPER RAGE NOT ABLE TO BE EXPRESSED WITH WORDS AAARRRGHHHH!!
 

Twilight_guy

Sight, Sound, and Mind
Nov 24, 2008
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I feel bad for the lowly peons. I bet there are quiet a few guys who receive quiet a bit of flak for the workings of upper management.
 

Therumancer

Citation Needed
Nov 28, 2007
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As I've said before, I think part of their behavior is that it's seen as a sign of success. Usually when people talk about things like this they refer back to the classic movie "Wall Street" and it's "Greed is Good" speech. The bottom line being that a company that has to be seen as the good guys and listen to their customers and play fair is seen as being "weak". One that can basically say "profit before everything" and insult their customer base and any little guy who works with them and still remain in business because the customers want their product so badly, and the little guys are running to them lemming-like in hopes that things will be differant... well that's a sign of a "strong" company. If your a serious investor and you have a choice between dealing with "Nice Guys Incorperated" which is careful to toe the line, and say "Activision" which pretty much takes a dump on everyone and everything while Bobby Kotick laughs about it and STILL makes money hand over fist, your probably going to go deal with Kotick assuming your in a position to deal with him on equal terms.

This generally blows chips, but that's just how the world is for the moment.

Also one admittedly insane point by today's standards:

I will be honest in saying that I believe there is a lot of truth behind the old maxim that "an armed society is a polite society". I think that the right to keep and bear arms was intended for a large number of reasons, not just for a militia, but to keep the goverment in line, and also simply because people respect a man with a gun, and if everyone has a gun and knows how to use it, people are going to tread far more carefully to be fair in their dealings. I mean even if your a really fast gunslinger, there is always that chance the guy your talking to is faster, or that your going to have a bad day.

The idea being that it's still illegal to murder someone, and the court system has it's place, but honestly people are going to be far more reluctant to serve their "I just screwed you and ruined your life, while stealing all your stuff" paperwork if there is a serious risk that they won't be leaving the room alive afterwards.

Yes, I know how crazy this is, but some authors like "Robert Heinlan" (one of my favorites, especially in the early days) made some pretty interesting points about things like this, and in a lot of cases when I read stuff like this article it makes me wonder what he'd have said about it (though also consider when he got older some of his positions changed a little, his book "Friday" detailed the society he built up in "Gulf" collapsing).
 

Neino Ranatos

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JayDub147 said:
Bruden said:
Just look on the Bright side, Activision is now partnered with Blizzard, which means in a decades time Blizzard will have expunged the cancer, probably merged with someone else, and Activision will be a vague name gamers used to whisper, just like what happened with Vivendi.
Actually, based on the way cancer operates, I would say that it's more likely that Activision will expand and choke the life out of Blizzard and every other company foolish enough to join with them (like Bungie). It will continue to spread and will end up destroying the entire organism.
Blizzard is already showing signs of being horribly mutated into cancer itself. RealID and cover-up anyone?

OT:

Great article. Must...boycott...Activision rawr!
 

The Rogue Wolf

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And when Activision gets that high score, I guarantee you the initials you'll see up there are "B $ K".

The primary problem with the law is that is written by politicians (usually former lawyers) so that only lawyers can understand it. If it were written in plain English so that anyone with a high-school reading ability could understand, law offices would be going out of business in droves and this kind of crap would be at least somewhat less likely to happen.

Apparently we're all following a new Golden Rule: He who has the gold, makes the rules.
 

Kollega

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Mr Companion said:
Its funny how often evil genius get mentioned and yet they gone out of buisness. Perhaps one day enough gamers will demand it that a company will make a second one, improving on all the mistakes...
The IP currently belongs to Rebellion, and they might be doing something with it.

Hopeless Bastard said:
"don't bother trying to change anything you'll just make it worse."

Yea yea, hip cynicism, big whoop.

Arguing that loopholes shouldn't be closed because of the possibility other loopholes may open is simply a surrender.
Yeah, i agree with this guy. I think we should always try to improve things - most of the time, we'll get a benefit, big or small. Hell, i thought that this kind of behavior is what drives our progress in the first place! Also, i find your username MASSIVELY ironic.

Freshman said:
No way your getting away with shit like this in the glorious peoples republic of china.
What's the difference between corporations stealing all your stuff then spitting in your face and a totalitarian government stealing all your stuff and spitting in your face?

Therumancer said:
Also one admittedly insane point by today's standards:

I will be honest in saying that I believe there is a lot of truth behind the old maxim that "an armed society is a polite society". I think that the right to keep and bear arms was intended for a large number of reasons, not just for a militia, but to keep the goverment in line, and also simply because people respect a man with a gun, and if everyone has a gun and knows how to use it, people are going to tread far more carefully to be fair in their dealings.
That's not insane, that's what i wanted to say! Okay, i'm not exactly 100% normal, so it might be insane, but it's still a great point. I wish i could resolve conflicts by simply shooting the big fat moneybag who tried to steal from me. Or blow up his limo. Or firebomb his office. Or, y'know, something else in that vein. The only (AND HUGE!) problem is that people who want to attack instead of defending would also start murdering.
 

Rigs83

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This reminds me of an old article [http://www.escapistmagazine.com/articles/view/issues/issue_146/4814-Cyberpunked-the-Fall-of-Black9] on this site talking about what Majesco did to Taldren Games.
 

Therumancer

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Nov 28, 2007
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Kollega said:
Therumancer said:
Also one admittedly insane point by today's standards:

I will be honest in saying that I believe there is a lot of truth behind the old maxim that "an armed society is a polite society". I think that the right to keep and bear arms was intended for a large number of reasons, not just for a militia, but to keep the goverment in line, and also simply because people respect a man with a gun, and if everyone has a gun and knows how to use it, people are going to tread far more carefully to be fair in their dealings.
That's not insane, that's what i wanted to say! Okay, i'm not exactly 100% normal, so it might be insane, but it's still a great point. I wish i could resolve conflicts by simply shooting the big fat moneybag who tried to steal from me. Or blow up his limo. Or firebomb his office. Or, y'know, something else in that vein. The only (AND HUGE!) problem is that people who want to attack instead of defending would also start murdering.
Well, the central idea is more along the lines that it would do a lot to prevent such dubious dealings to begin with, rather than turning into a massive free-for-all bloodbath.

Simply put the idea is that if they were to say remove the idea of gun liscences and registration entirely, as well as passing laws making it impossible to ban armament on private property, and everyone was armed (or assumed to be) people would be less willing to take risks.

The idea being that contracts would be done "old school" where it would require both you and the other guy to sit down with a notary and sign in person with a notary to verify it (which is increasingly optional). If someone like Bobby Kotick tried to give you an ultimatum like that, he'd be risking a bullet in the head to do so. The right to be armed even on his private property means he can't arrange to meet you unarmed in his company HQ, and even if it's surrounded by security guards there is always that chance that your going to get your shot off before they do.

The point being not that you's shoot a Bobby Kotick, but more along the lines that like Heinlan supposed (if I am remembering this correctly) there wouldn't be businessmen operating like this to begin with. I mean the courts are all well and good, but you have to get there.

It comes down to my arguement that today's society is very much governed by "Might Makes Right" as the article author was mentioning. It's just that today instead of physical brawn, society is governed by what amounts to a ruthless intellectual elite. The smarter guy typically wins and dominates the less intelligent and ruthless just as a warlord could dominate peasants through armed might. Lawyers representing the gladiators, "personal champions", and most appropriatly professional duellists of yesteryear. The pen being mightier than the sword because of a society that allows itself to be ruled by excessive bureaucracy.

My point, and I guess that of Heinlan in some of his stuff, is that there is no more purity and justice in the current way of doing things, than there was when policy was decided by having two dudes in armor fight to the death.

What I propose is sort of a comprimise between the two extremes. Of course the reason why I'm "insane" is that no system actually works out as well as it does on paper or in speculative fiction. I myself could point out plenty of flaws with it, but that doesn't stop me from thinking that if someone like Bobby Kotick and a small publisher he wanted to bully both met at a table, and both had guns at their hip, that what happened at that table would be a lot more equitable since both of them want to be able to get up from that table and go home at the end of the day... all the legal repercussions against the guy who killed you mean nothing to you once your dead.
 

Nurb

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Dec 9, 2008
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Gamers can't stick to boycotts and piracy has no real effect on mega-publishers... how can regular folks force them into bankruptcy when people are happily buying their games without any idea of what's going on?
 

Tears of Blood

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Out of principle, I'm not buying another game from Activision until something changes and they mend their ways.

... Shit, that means I can't get Starcraft 2. Oh well.