Regulating Virtual Environments

Darryl Woodford
Darryl WoodfordResearch Fellow & Social Media Startup Director at Queensland University of Technology
Regulating Virtual
                         Environments
                       Foundation of Digital Games Conference,
                            Raleigh, North Carolina, USA.
                                    30 May 2012

                                 Darryl Woodford,
                            CCi ARC Centre of Excellence
                         Queensland University of Technology
                       dp.woodford@qut.edu.au / @dpwoodford
Wednesday, 30 May 12
Today
                       Key objectives
                       Methodology
                       Why it matters
                       Founding principles
                       Preliminary results: Eve & Gambling
                       Preliminary Conclusions

Wednesday, 30 May 12
Key Objectives

                       Original goal of research was to consider
                       how we might regulate virtual
                       environments
                       Because, eventually, they will be
                       regulated somehow...



Wednesday, 30 May 12
Dispute Resolution




                              Image: Wikipedia




Wednesday, 30 May 12
Admin Perspective
                       Real world governments




                        Virtual world admins




                              Players
                                                Image: IJMC




Wednesday, 30 May 12
Key Objectives
                       Designers know A LOT about what they
                       intended to happen.
                       Lawyers know A LOT about what the
                       written documents say & how to
                       interpret them.
                       But NEITHER knows what’s actually
                       happening in-world.

Wednesday, 30 May 12
Method
                       Original plan: Ethnographic research to
                       understand Virtual Environments &
                       what stakeholders wanted.
                       Began with three environments --
                       Second Life, Star Trek Online & Eve
                       Online -- eventually narrowed to Eve for
                       detailed ethnography.


Wednesday, 30 May 12
Eve is Complex




                            Image: EON Magazine




Wednesday, 30 May 12
Method
                       As project evolved, it became clear that
                       many of the issues that impacted on
                       stakeholders (automation, dispute
                       resolution, appeals etc) were not new.
                       A comparative with offshore gambling
                       was worthwhile -- a second ethnographic
                       site.


Wednesday, 30 May 12
Ethnography
                       Tradition in Game Studies of
                       Participant Observation Ethnography
                       (Dibbell, Taylor, Humphreys etc..)
                       Work throws up as many questions as
                       answers, and often focuses on
                       individual aspects of the experience (co-
                       operative play/design, emotions etc)


Wednesday, 30 May 12
Ethnographers...
                       But how do we study what underlies it
                       all?
                         How communities form?
                         What social standards they create?
                         How they enforce them?
                       We need a framework - NORMS...


Wednesday, 30 May 12
Norms
                       Norms are “informal social regularities
                       that individuals feel obligated to follow
                       because of an internalized sense of
                       duty, because of a fear of external non-
                       legal sanctions, or both” (McAdams,
                       1997)
                       Ultimately akin to Ostrom -- what
                       communities use to regulate themselves.

Wednesday, 30 May 12
Why it matters: RMT
                       Essentially the exchange of bona fide
                       currency (US$, AUD, GBP) for virtual
                       currency.
                       Impacts upon: Fair Play (Cheating),
                       Design, Economy Balance etc, but
                       importantly has LEGAL
                       IMPLICATIONS.


Wednesday, 30 May 12
Real Money Trading
                       To the extent that “It’s just a game” is
                       ever justified, that argument loses
                       validity when real money is WON or
                       LOST, EARNT or STOLEN.
                       If I lose a sword in MONKEY ISLAND I
                       might go back to my previous save; if I
                       lose it in ENTROPIA replacing it may
                       cost $200+.

Wednesday, 30 May 12
Gambling
                       Virtual Worlds look a lot like gambling
                       30% of the time the monster drops nothing.
                       40% of the time it drops Item A, worth $3 on the
                       market. 25% of the time it drops Item B, worth
                       $4 on the market. 5% of the time it drops Item
                       C, worth $15 on the market.
                       Why is this different than playing a slot
                       machine in an online casino?


Wednesday, 30 May 12
Second Life c. 2007




                          Image: http://static.pcinpact.com/images/bd/news/45025-second-life-casino.jpg




Wednesday, 30 May 12
UIGEA




Wednesday, 30 May 12
Second Life 2010




Wednesday, 30 May 12
Gambling in Lineage




Wednesday, 30 May 12
More closely...




Wednesday, 30 May 12
More closely...




                               http://worldsinmotion.biz/2010/02/neverdie_sells_virtual_egg_for.php




Wednesday, 30 May 12
More closely...




Wednesday, 30 May 12
Gambling
                       Some of it certainly *is* gambling.
                       Others are just gambling-like, but so are
                       other things:
                         Day Trading, Trading Cards, MTG:
                         Online
                       But that they’re similar perhaps means
                       we can learn something.

Wednesday, 30 May 12
Similarities
                       Geographical Disparity
                       Terms of Service enforcement problems.
                       Potential for disputes -- player vs player,
                       player vs provider.
                       Strength of community: knowledge of
                       mishandled issues travels fast in both
                       environments.

Wednesday, 30 May 12
Findings: Eve Online
                       Community agrees:
                         RMT should be prevented.
                         Mining (to the extent people like it at
                         all) should be limited to manual
                         methods - not automated.
                       But somebody always disagrees -
                       defining norms can be difficult.

Wednesday, 30 May 12
Not everyone agrees




Wednesday, 30 May 12
Findings: Eve Online
                       CCP’s enforcement has improved in
                       recent months, but still evidence of it.




Wednesday, 30 May 12
Findings: Eve Online




Wednesday, 30 May 12
Regulation Options:




Wednesday, 30 May 12
Regulation Options:
                       Governmental:




Wednesday, 30 May 12
Regulation Options:
                       Governmental:   Player power:




Wednesday, 30 May 12
SBR
                       The sportsbook mediator SBR was my
                       chosen comparative; they also deal
                       occasionally with poker & casino
                       disputes.
                       Lots went before: TheRX, Majorwager,
                       TOW, EOG; Forums, Mediation Panels,
                       News & Rankings.


Wednesday, 30 May 12
The past
                       More detail if interested but in
                       summary:
                         Forum-based regulation worked for a while,
                         whilst internet & industry boomed.
                         Problems started when they started relying
                         on advertising.
                         Mediation panels lost traction after US F1
                         GP Dispute w / Olympic.


Wednesday, 30 May 12
SBR Model
                       Players submit dispute. SBR attempt to
                       resolve with book behind scenes. Report
                       back to community via news wire.
                       Has evolved over the years. Some
                       disputes are raised in public first
                       (opinion: lower & resolved).
                       Communication now includes forums,
                       video.

Wednesday, 30 May 12
SBR Model
                       What hasn’t changed is that this
                       amounts to REPUTATIONAL
                       REGULATION.
                       A negative report from SBR is enough to
                       impact upon your business.
                       Any different from how gaming media
                       covered ‘Greed is Good’ or Mittani?

Wednesday, 30 May 12
Preliminary Conclusion

                       Many of the disputes we see in VW’s
                       would not be new to observers from the
                       gambling industry.
                       Automation happens in virtual
                       environments just as it has in poker /
                       video poker / slots / blackjack.


Wednesday, 30 May 12
Preliminary Conclusion
                       Code has bugs that allow players to
                       gain an advantage just as sportsbooks
                       have long had code that accepted
                       correlated parlays.
                       Enforcement is not always simple, and
                       over-enforcement is possible. Players
                       need a way to resolve this. “God”
                       argument increasingly losing value.

Wednesday, 30 May 12
Preliminary Conclusion
                       The models that worked (and did not)
                       in the offshore gambling industry are
                       worth considering
                       No reason to repeat the same mistakes.
                       Courts an ultimate remedy, but perhaps
                       not the first.
                       Why wait a year vs a week?

Wednesday, 30 May 12
Future: #tweetfleet




Wednesday, 30 May 12
Future: #tweetfleet




Wednesday, 30 May 12
1 of 40

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Regulating Virtual Environments

  • 1. Regulating Virtual Environments Foundation of Digital Games Conference, Raleigh, North Carolina, USA. 30 May 2012 Darryl Woodford, CCi ARC Centre of Excellence Queensland University of Technology dp.woodford@qut.edu.au / @dpwoodford Wednesday, 30 May 12
  • 2. Today Key objectives Methodology Why it matters Founding principles Preliminary results: Eve & Gambling Preliminary Conclusions Wednesday, 30 May 12
  • 3. Key Objectives Original goal of research was to consider how we might regulate virtual environments Because, eventually, they will be regulated somehow... Wednesday, 30 May 12
  • 4. Dispute Resolution Image: Wikipedia Wednesday, 30 May 12
  • 5. Admin Perspective Real world governments Virtual world admins Players Image: IJMC Wednesday, 30 May 12
  • 6. Key Objectives Designers know A LOT about what they intended to happen. Lawyers know A LOT about what the written documents say & how to interpret them. But NEITHER knows what’s actually happening in-world. Wednesday, 30 May 12
  • 7. Method Original plan: Ethnographic research to understand Virtual Environments & what stakeholders wanted. Began with three environments -- Second Life, Star Trek Online & Eve Online -- eventually narrowed to Eve for detailed ethnography. Wednesday, 30 May 12
  • 8. Eve is Complex Image: EON Magazine Wednesday, 30 May 12
  • 9. Method As project evolved, it became clear that many of the issues that impacted on stakeholders (automation, dispute resolution, appeals etc) were not new. A comparative with offshore gambling was worthwhile -- a second ethnographic site. Wednesday, 30 May 12
  • 10. Ethnography Tradition in Game Studies of Participant Observation Ethnography (Dibbell, Taylor, Humphreys etc..) Work throws up as many questions as answers, and often focuses on individual aspects of the experience (co- operative play/design, emotions etc) Wednesday, 30 May 12
  • 11. Ethnographers... But how do we study what underlies it all? How communities form? What social standards they create? How they enforce them? We need a framework - NORMS... Wednesday, 30 May 12
  • 12. Norms Norms are “informal social regularities that individuals feel obligated to follow because of an internalized sense of duty, because of a fear of external non- legal sanctions, or both” (McAdams, 1997) Ultimately akin to Ostrom -- what communities use to regulate themselves. Wednesday, 30 May 12
  • 13. Why it matters: RMT Essentially the exchange of bona fide currency (US$, AUD, GBP) for virtual currency. Impacts upon: Fair Play (Cheating), Design, Economy Balance etc, but importantly has LEGAL IMPLICATIONS. Wednesday, 30 May 12
  • 14. Real Money Trading To the extent that “It’s just a game” is ever justified, that argument loses validity when real money is WON or LOST, EARNT or STOLEN. If I lose a sword in MONKEY ISLAND I might go back to my previous save; if I lose it in ENTROPIA replacing it may cost $200+. Wednesday, 30 May 12
  • 15. Gambling Virtual Worlds look a lot like gambling 30% of the time the monster drops nothing. 40% of the time it drops Item A, worth $3 on the market. 25% of the time it drops Item B, worth $4 on the market. 5% of the time it drops Item C, worth $15 on the market. Why is this different than playing a slot machine in an online casino? Wednesday, 30 May 12
  • 16. Second Life c. 2007 Image: http://static.pcinpact.com/images/bd/news/45025-second-life-casino.jpg Wednesday, 30 May 12
  • 21. More closely... http://worldsinmotion.biz/2010/02/neverdie_sells_virtual_egg_for.php Wednesday, 30 May 12
  • 23. Gambling Some of it certainly *is* gambling. Others are just gambling-like, but so are other things: Day Trading, Trading Cards, MTG: Online But that they’re similar perhaps means we can learn something. Wednesday, 30 May 12
  • 24. Similarities Geographical Disparity Terms of Service enforcement problems. Potential for disputes -- player vs player, player vs provider. Strength of community: knowledge of mishandled issues travels fast in both environments. Wednesday, 30 May 12
  • 25. Findings: Eve Online Community agrees: RMT should be prevented. Mining (to the extent people like it at all) should be limited to manual methods - not automated. But somebody always disagrees - defining norms can be difficult. Wednesday, 30 May 12
  • 27. Findings: Eve Online CCP’s enforcement has improved in recent months, but still evidence of it. Wednesday, 30 May 12
  • 30. Regulation Options: Governmental: Wednesday, 30 May 12
  • 31. Regulation Options: Governmental: Player power: Wednesday, 30 May 12
  • 32. SBR The sportsbook mediator SBR was my chosen comparative; they also deal occasionally with poker & casino disputes. Lots went before: TheRX, Majorwager, TOW, EOG; Forums, Mediation Panels, News & Rankings. Wednesday, 30 May 12
  • 33. The past More detail if interested but in summary: Forum-based regulation worked for a while, whilst internet & industry boomed. Problems started when they started relying on advertising. Mediation panels lost traction after US F1 GP Dispute w / Olympic. Wednesday, 30 May 12
  • 34. SBR Model Players submit dispute. SBR attempt to resolve with book behind scenes. Report back to community via news wire. Has evolved over the years. Some disputes are raised in public first (opinion: lower & resolved). Communication now includes forums, video. Wednesday, 30 May 12
  • 35. SBR Model What hasn’t changed is that this amounts to REPUTATIONAL REGULATION. A negative report from SBR is enough to impact upon your business. Any different from how gaming media covered ‘Greed is Good’ or Mittani? Wednesday, 30 May 12
  • 36. Preliminary Conclusion Many of the disputes we see in VW’s would not be new to observers from the gambling industry. Automation happens in virtual environments just as it has in poker / video poker / slots / blackjack. Wednesday, 30 May 12
  • 37. Preliminary Conclusion Code has bugs that allow players to gain an advantage just as sportsbooks have long had code that accepted correlated parlays. Enforcement is not always simple, and over-enforcement is possible. Players need a way to resolve this. “God” argument increasingly losing value. Wednesday, 30 May 12
  • 38. Preliminary Conclusion The models that worked (and did not) in the offshore gambling industry are worth considering No reason to repeat the same mistakes. Courts an ultimate remedy, but perhaps not the first. Why wait a year vs a week? Wednesday, 30 May 12