TOS Is A POS?

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Daily Column
New MMOG Articles at TenTonHammer Today
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1. Daily Column

June has arrived, bringing with it some great events such as Summer, Father's Day and of course my birthday. Soccer fans will likely be watching the England vs Brazil friendly today. What a great start to the month!

Like Paris Hilton to a free bar, I keep getting attracted to Gods and Heroes: Rome Rising. I haven't been up close and personal with the game since my visit to Perpetual Entertainment HQ in April, but every time I peruse a new interview or article about the game I am lured back in.

GamersInfo.net recently posted an interview with Chris McKibbin, President and Executive Producer for the title. McKibbin's comments were expounded upon by Travis George, System Designer in an interview with our own resident rodeo clown, Jeff Woleslagle. You can read the Travis vs Jeff interview right here. This is really great stuff! If you haven't been fortunate enough, and most of you haven't, to see the game in person you can't really fathom how cool a game this is. Save your pennies folks, this looks like it will be a winner.

The good folks at EA/Mythic let me know that Warhammer Online: Age of Reckoning beta applications are now being accepted. You can sign up here.

I have avoided the Bragg vs Linden court case, but it appears I am now forced to mention it if I wish to keep you, the loyal readers informed. It's another in a long list of lawsuits over virtual property, but this time as Matt Mihaly, CEO of Iron Realms so eloquently put it,

"So there we have it. The ToS is not a holy document in Second Life and it is hardly a stretch to say that much of the same logic can be applied to the ToS of many virtual worlds. I just hope that whoever hears the next case on a ToS is going to be willing to make a distinction between worlds offered for entertainment and worlds in which people can make investments into (which should and will be regulated). I canât help but feel that this is an extremely important ruling for virtual worlds (for good or ill depending on your point of view, most likely), and the case hasnât even really begun yet."

I'm not a lawyer. I'm not nearly smart enough, nor do I enjoy the capacity to listen to malcontents tell me their problems all day. That said, my addled brain sees the case as follows, again, I may be way off so correct me if you see some glaring errors.

Individuals are posting all over the Internet that they are making real money via Second Life.
A player (Bragg in this case) pays his money to Linden and then decides to cheat by using an exploit which gives him free or at least cheap land within the virtual world. He violates the Terms of Service (TOS).
Linden does what any good developer would do, they shut him down. He is cheating at a game and affecting the play of others.
Bragg sues Linden.
The court finds that the TOS isn't binding on Bragg. If it isn't binding on Bragg then is it binding on anyone?

How are companies going to weed out the griefers, sociopaths and simpletons if the TOS that they force everyone to agree to are not binding? Are companies expected to just let their world devolve into a chaotic cesspool? Who would play? Is this problem specific to the wording of the Second Life TOS or is it a blanket ruling that TOS in general are simply a waste of words and a 'click'?

After writing the above I find that Raph has done a far more eloquent job. I suggest that you read his take on this situation.

Up until now the biggest question about TOS has been that people don't read them and click that they have. It is understood that the vast majority of players simply don't read the TOS. Bragg is a lawyer, so the "I didn't know what I was agreeing to" defense doesn't hold water, yet here we are with the courts saying that the Second Life TOS isn't binding. What are you thoughts on this?

2. New MMOG Articles At Ten Ton Hammer Today

Dungeons and Dragons Online: Custom Build - Master Of The Bow
"Bowmanship is not the purview of simply rangers. The master of the bow is a fighter (with a couple levels of ranger) who is a complete master of ranged combat. Able to kill at ranger, quickly and with deadly accuracy and result, this build is for anyone who wishes to be the ultimate marksman. Find out how to make one with Darkgolem's new build, the master of the bow!"
EverQuest 2: EQ2 Interviews - Askadian Adakus
"Is there truly a shortcut to raiding? Are raiders getting preference over casual gamers? What happens when you truly beat Askadian Adakus? Do Fae REALLY taste like chicken? All these answers (except for the Fae one) can be found in this week's interview with Askadian Adakus."
Gods and Heroes: Interview With Travis George, System Designer
"As Gods & Heroes moves toward release later this year, we were anxious to see what Perpetual Entertainment was working on in the lull between the industry's spring and summer conventions / expos (where soon-to-launch titles like Gods & Heroes always take the fore). Travis George, Systems Designer for Gods & Heroes, was kind enough to talk with us about the tweaks and improvements to the game's combat animations, minion system, and class structure that he and the Perpetual team continue to implement during the game's closed beta."
Gods War Online Announced
"Internet Gaming Gate (I.G.G .), the same people that brought you Tales of Pirates and Myth War Online, recently announced another game, Gods War Online, that will feature a free-to-play service and magical fantasy elements. Gods War Online takes players into a world based around Greek mythology, where players can meet gods like Zeus and Poseidon. The Ten Ton Hammer team, ever watchful for new games, picked up a few of the art screens included with the announcement. Check them out!"
Lord of the Rings Online: Guide To Foresting
"RadarX dresses up like the Brawny man and sings the songs of lumberjacks across the world. This guide will help you understand the basics of Foresting and how you can advance this interesting crafting skill."
Sword of the New World: Exclusive Developer Diary #3
"Next week, Sword of the New World: Granado Espada will open its doors to the press and a few lucky members of the public. Dubbed the V.I.P. beta, this event will last just ten days but is open to any interested member of the press. Until stories start coming from the V.I.P beta, Ten Ton Hammer has received our third developer diary straight from the SotNW developers. Phil Maurer, Operations Team Lead, and Jon-Enee Merriex, Senior Game Master, join us again to answer a few questions we raised about the use of stances and skills within Sword of the New World."
Vanguard: It's Not You, It's Me
"Leaving a game is like breaking up with a significant other--you may have many reasons, but most of them are based on emotions, not facts. In this week's Shay's Treehouse, Shayalyn proposes that the reason gamers frequently breakup with their once favorite game is that they just don't know what they want. Read the blog and check out all the latest hot Vanguard content in this week's newsletter."
Vanguard: Blood Mage Bug List
"Description: The great community at Ten Ton Hammer led by Velan has worked to produce a list of bugs and issues for SOEs development team."

3. Hot Content

4. Real World News

Boyfriend Pillow For Japanese Singles [Thanks John]
Wait until it starts staying out late drinking with other pillow boyfriends.
Man Pleads Not Guilty To 28th DWI Charge
He's due to be innocent I suppose.
Mom, 20, Gives Birth To Third Set Of Twins
Better yet, both she and the father are unemployed. The gene pool becomes a gene puddle.
Russian Nuclear Waste Ready To Explode
Norway...it's been nice knowing you.

Thanks as always for visiting TenTonHammer.com

John "Boomjack" Hoskin

Last Updated: Mar 13, 2016

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