Lecture for Level 9 of The Los Angeles Film School's Survey of the Videogame Industry course.

1. Level 9
David Mullich
Survey of the Videogame Industry
The Los Angeles Film School

3. Mortal Kombat (1992)
 Publisher: Midway
 Designer: Midway
 Genre: Fighting
 Mortal Kombat was one of many
violent video games that appeared in
1992-93, and was the first game to
raise the issue of violence in the
medium
 The U.S. Senate held hearings on
video game violence
 Possible catalyst to the implementation
of a rating system, and the first game
to receive an “M” rating

4. Doom (1993)
 Publisher: id Software
 Designer: Tom Hall, Sandy Petersen,
John Romero, Shawn Green
 Genre: First-Person Shooter
 Doom was, and remains, notorious for
its high levels of graphic violence and
satanic imagery
 The game sparked criticism throughout
a period of school shootings when it
was found that the Columbine High
School shooters were avid players of
the game

5. Grand Theft Auto (1997)
 Publisher: BMG Interactive
 Designer: DMA Design
 Genre: Action-Adventure Open World
 The game was controversial from the
very first incarnation of the series. It
was condemned in Britain, Germany,
and France due to its “extreme
violence,” and Brazil banned it
outright.
 Later versions of the game were
criticized for allowing the player to
commit violent acts, including the
killing of policemen, and instigating
gang wars

6. GTA 5 And Violence
Does GTA 5 Mean That There Will Always
Be Violent Video Games? | Game/Show |
PBS Digital Studios (6:13)

7. Columbine High School Tragedy
 In 1999, two students opened fire in
their Colorado high school --
shooting 20 people and killing 13
 The media revealed that the two
killers played a lot of violent video
games
 The widow of one of the slain
teachers filed a lawsuit naming
multiple video game publishers
 Do video games contribute to
violence?

8. Arguments That Games Do
Promote Violence
The basic claim is that video games are more likely to
affect people’s behavior than TV:
 Games are immersive
 Games are repetitive
 Games reward violent behavior
According to a 2001 study reported in the journal
Psychological Science, children who play violent video
games experience an increase in:
 The physiological signs of aggression
 Aggressive actions

9. However….
A relationship between virtual aggression and real-
life aggression isn’t necessarily cause and effect.
Maybe bullies in real life also enjoy being bullies in
virtual life, so they play violent video games
The results of studies, so far, are inconclusive. And
to date, all lawsuits against video game companies
for distributing violent content have been thrown out
of court.
But the controversy is far from over.

10. PBS Newshour
Can Violent Video Games Play a Role in
Violent Behavior? (13:25)

11. Discussion
 What was the incident that happened in
Newtown Connecticut?
 What do critics of video game violence say
is the effect on players?
 What do supporters of video games say in
response to the criticisms?
 What did the Supreme Court have to say
about video game violence?
 What does President Obama recommend
doing about video game violence?

12. Violence and Free Speech
Extra Credits, Season 1, Episode 06 - Free Speech (7:04)

13. Facing Controversy
Extra Credits, Season 1, Episode 15 - Facing Controversy (9:53)

15. Entertainment Software Ratings
Board
The Entertainment Software
Association is the U.S. trade
association dedicated to the
business and public affairs of
video game publishers.
The ESRB was established in
September 1994 by the
Entertainment Software
Association as a means of
regulating the video game
industry.

16. ESRB Ratings
 Early Childhood – Game is geared towards
children ages 3 and up.
 Everyone – Game is well suited for a general
audience. It has minimal violence but may
contain some crude language.
 Teens – Game is for older kids, ages 13 and up.
Such games often have violent content and can
contain strong language.
 Mature – Game is for people 17 and older. It
usually has very violent or gory content, strong
language and possible nudity.
 Adults Only – Game is not suitable for anyone
under the age of 18. They may contain graphic
violence, language or sex.

17. How Games Get Rated
 Publisher submits game content
(video recording) to ESRB
 ESRB has 3 raters view video
 Raters recommend rating
 ESRB sends rating to publisher
 Publisher can change content and
resubmit

18. ERSB Rating Use At All-Time
High

19. Global Ratings Groups
 US – Entertainment Software Rating Board
(ESRB): www.esrb.org
 Europe – Pan European Game Information
(PEGI): www.pegi.info
 Germany: USK: www.usk.de
 Australia: Office of Film & Literature
Classification (OFLC): www.oflc.gov.au
 Japan: Computer Entertainment Rating
Organization (CERO): www.cero.gr.jp

20. ESRB
G4 Icons Episode #42: ESRB (21:32)

21. COPPA
The Children’s Online Privacy Protection Act of 1998
places restrictions on the online collection of information
from children under 13 years of age. It details:
 What a website operator must include in a privacy
policy
 When and how to seek verifiable consent from a
parent or guardian
 What responsibilities an operator has to protect
children’s privacy and safety online, including
restrictions on the marketing to those under 13

23. Intellectual Property
 What is the Goal?
 Technological IP
 Creative IP

24. Importance of IP
 IP protects market share
 IP represents future earnings
 IP represents majority of company worth

25. Copyright
 Literary works
 Musical works
 Dramatic works
 Pantomime and Choreography works
 Pictorial, graphic, sculptural works
 Motion Pictures and other audiovisual works
 Sound Recordings
 Architectural works
 Computer Software

26. Copyright
 Length: 95/120 years
 Process: Low cost - $30.00, easy to obtain
 Rights: Negative rights
 Penalties: $150,000 per + Damages
 Scène à faire: elements that are almost
obligatory for the genre

27. Trade Secrets
 Any idea or process that conveys
business advantage
 Length: Immortal
 Process: Cost of Practice
 Rights: Negative rights
 Penalties: Damages

28. Trade Secrets
Non-Disclosure Agreement (NDA): a legal contract
between at least two parties that outlines confidential
information that the parties wish to share with one another
but wish to keep secret from third parties.
NDA’s are usually rendered invalid if:
 the recipient had prior knowledge of the information
 the recipient later learns the information from another
source
 the information is generally available to the public
 The information is subject to a supeona

29. Trademark
 Any Word, Name, Symbol, Graphic
or Short Phrase
 Length: Immortal
 Process: $3,000 - $4,000 Federal
registration
 Rights: Negative Rights
 Penalties: Damages and/or seizure
or destruction of infringing items

30. Patents
 Any new and useful process, machine,
manufacture or composition of matter
(but not something found in nature)
 Length: 20 Years (with renewals)
 Process: 2-3 years, $10,000 - $30,000
 Rights: Negative Rights
 Penalties: Damages
 Cost of Protection: $1,000,000+

31. Examples of IP
Copyright Trade Secret Trademark Patents
Music Customer Mailing Lists Company Name Inventive Gameplay
Story Publisher Contacts Company Logo Inventive Game Design
Characters Middleware contacts Game Title Tech Innovations
Art In-House Development Costs Game Sub-Title Hardware Innovations
Box Design In-House Development Tools Identifiable "catch phrases"
Source Code Deal Terms

32. Different Forms of IP
IP in the Game Industry Patents Trademark Trade Secret Copyright
Length 20 years Immortal Immortal 95/120 Years
Cost High Medium Medium Low
Ease of Obtaining Tough Medium Medium Easy
Use Rare Often Often Often
Registration? Yes Recommended No Recommended
Coverage Medium Narrow Large Large

33. Rights of Publicity
 Commercial use of own
image or likeness
 Ellen Page accused
Naughty Dog of “ripping
off” her likeness for their
game The Last of Us.

34. Software Piracy
Copyright infringement is the use of
works under copyright, infringing the
copyright holder's exclusive rights,
such as the right to reproduce,
distribute, display or perform the
copyrighted work, or to make
derivative works, without permission
from the copyright holder.
Piracy is the unauthorized copying,
distribution and selling of works in
copyright.

35. The Debate
Software publishers say that software piracy removes
revenue from the developers, jobs are lost and there is
less incentive to create new software.
However, there are the people who believe that all
information should be free and all programming should
be open source. They believe that this will spark industry
creativity instead of stifling.
Others argue that personal backups, and being able to
resell software as long as you are not still using it should
always be legal regardless of what a company wishes to
say.

36. Piracy
Extra Credits, Season 1, Episode 26 – Piracy (7:32)

38. Are Video Games Art?
The concept of video games as a form of art is
a controversial topic within the entertainment
industry.
Though video games have been afforded legal
protection as creative works by the Supreme
Court of the United States, the philosophical
concept that video games are works of art
remains in question, even when considering the
contribution of creative elements such as
graphics and music.

39. Thumbs Down From Roger Ebert
The late film critic Roger Ebert described
video games as a non-artistic medium
incomparable to the more established art
form:
“To my knowledge, no one in or out of the field has
ever been able to cite a game worthy of
comparison with the great dramatists, poets,
filmmakers, novelists and composers. That a game
can aspire to artistic importance as a visual
experience, I accept. But for most gamers, video
games represent a loss of those precious hours we
have available to make ourselves more cultured,
civilized and empathetic.”
Ebert went on to say that video games don't
explore the meaning of being human as
other art forms do.

40. Enriching Lives
Extra Credits, Season 1, Episode 07 - Enriching Lives (7:10)

41. Are Games Art?
Extra Credits, Season 3, Episode 02 "Art" Is Not The
Opposite Of "Fun” (6:23)

43. Video Game Addiction
Video game addiction is an excessive or compulsive
use of computer games or video games, which
interferes with a person's everyday life.
Video game addiction may present as compulsive
game-playing; social isolation; mood swings;
diminished imagination; and hyper-focus on in-game
achievements, to the exclusion of other life events

44. Video Game Addiction
Extra Credits, Season 3, Episode 04 - Game
Addiction (pt. 1) (6:23)

45. Video Game Addiction
 Does Extra Credits think video games are
addictive?
 What does Extra Credits say is the point at which
playing video games becomes a problem for the
player?
 What suggestions does Extra Credits have for
parents whose children spend a lot of time playing
video games?

47. Terms
 Educational games are games that
are designed to teach people about
certain subjects, understand an
historical event or culture, or assist
them in learning a skill as they play
 Serious games are simulations of real-
world events or processes designed to
train or educate users

48. Games In Education
Extra Credits, Season 6, Episode 22 - Games in Education (6:01)

49. The Oregon Trail (1971-2011)
 Publisher: Broderbund, others
 Designer: MECC
 Genre: Simulation
 The original game, first created by Don
Rawitsch, a senior at Carleton College in
Northfield, Minnesota, was designed to
teach school children about the realities of
19th century pioneer life on the Oregon
Trail.
 The player assumes the role of a wagon
leader guiding his party of settlers from
Independence, Missouri, to Oregon's
Willamette Valley over the Oregon Trail via
a covered wagon in 1848.

50. Math Blaster! (1981)
 Publisher: Knowledge Adventure
 Designer: Davidson & Associates
 Genre: Educational Action
 Players are presented with a math
problem and had to shoot at the
correct answer.
 Spawned numerous sequels and
expanded into other subjects such as
reading and science

51. Where In The World Is Carmen San
Diego? (1985)
 Publisher: Broderbund
 Designer: Broderbund
 Genre: Educational Strategy
 The goal is to track Carmen’s villains
around the world and ultimately catch
Carmen herself.
 Spawned several critically-acclaimed
sequels as well as television shows
and books.

52. SimCity (1989)
 Publisher: Broderbund, others
 Designer: Will Wright
 Genre: Simulation
 The objective is to design and build a
city, without any goals except in certain
scenarios.
 After the success of the original game,
Wright’s company, Maxis, created
“Sim” games of many types, including
multiple sequels to SimCity as well as
The Sims.

53. Brain Age: Train Your Brain in
Minutes a Day! (2005)
 Publisher: Nintendo
 Designer: Kouichi Kawamoto
 Genre: Puzzle
 Based on the book by Dr. Ryuta
Kawashima, Brain Age features a
variety of puzzles designed to keep
certain parts of the brain active.
 However, there has been controversy
over the game’s scientific
effectiveness.

54. Minecraft (2009)
 Publisher: Mojang, Microsoft
 Designer: Marcus “Notch” Persson
 Genre: Sandbox
 Indie game that has sold 54 million
across all platforms as of mid-2014.
 In 2011, an educational organization
named MinecraftEdu was formed with
the goal of introducing Minecraft into
schools.
 Used to teach students various
subjects, including history, language
arts and science

55. Impact of Minecraft
How Minecraft Changes the Future of Games (5:00)

56. Impact of Minecraft
 How might the popularity of
Minecraft with kids affect the
future of games?

57. Jane McGonigal: Gaming can make a
better world (20:31)
Jane McGonigal