Author Archives: Michael Froomkin

Random Notes on ‘The State of Play’

I'm not going to blog the conference if only because I don't type fast enough. And I gather some other people may do so. But I'll try to post some notes now and then.

Learned: The State of Play conference is a sell-out. In addition to the academic crowd there are lot of people involved in designing the games, or in the constellation of ancillary industries that are springing up around the games (e.g. designing stuff for the avatars, and selling it; or doing things which rely on the games or the game engines, like making movies or staging online art shows).

Learned: The level on enthusiasm among massively multiplayer online game-makers and users is as high as anything you could have found in the early days of the dot-com bubble. “This is our Woodstock” one of them told me earnestly. And the level of idealism is almost as high: many of the people designing games see themselves as enabling self-expression and creating spaces in which new social linkages and new spontaneous forms of bottom-up social organization. But there’s more of the social linkages than social organization.

Learned: In virtual worlds, the aphorism “the clothes make the man” is a lot more true than in real life.

Re-Learned: Game designers worry a lot about not discouraging the customers. This imposes massive constraints on their ability to address resource and skill inflation. And that can hurt the gameplay….

Learned: From the game designer perspective, the player-killers have much more stamina than the folks who try to settle and build something. The barbarians just don’t mind getting killed, and come back again and again (indeed, the barbarians get highly organized, form guilds or factions, and attack and re-attack, until civilization is destroyed). Even when the people who have taken the time to build something and created a community around are able to organize to defend it, they don’t have the staying power: the experience of having to fight all the time to preserve your tavern or your art gallery is juts too wearing on the soul, and eventually they give up.

Re-Learned: The level of legal sophistication among the people who build and code things is basically random. Some of the people doing some of the cutest things are going to have very high legal bills Real Soon Now.

Learned: Some Virtual Worlds are drifting in the direction of being Virtual Malls. There's probably money in that, but may co-exist uneasily with the idealists.

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Travel Notes

There are things I learn from traveling, and things I re-learn.

Learned: MIA — never good at the best of times — has managed to get worse. In order to serve the herding needs of the security services, you now have to walk three times as far to get to low-numbered “C” gates … which is where the flights to NY leave from. It now feels even more like Laguardia at its worst.

Re-Learned: When we’re having lovely weather in Miami, the rest of the country, is having seriously crummy weather. Example: my flight to NY started its decent to JFK, only to abort rather suddenly. Seems the winds were gusting at 70 MPH, which is too much. So we got diverted to Baltimore to re-fuel before trying again.

Re-learned: NY streets are a lot cleaner than the NY of my childhood memories.

Learned: The conference hotel looks out onto the site of the World Trade Center. It’s even more depressing that I would have thought. It feels very odd to look down from the 52nd floor onto the small crowd milling about outside the fence.

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Fools and Consistency

“A foolishng consistency,” Oliver Wendell Holmes Ralph Waldo Emerson [this should teach me not to blog on the road, but probably won't] famously wrote, “is the hobgoblin of little minds.” All too often abbreviated to leave out the first two words (which of course imply that much consistency is not at all foolish), the insight captures something deeply true and more than a little unsettling about the evolution of the common law. The common law does change to fit the times and to fit new circumstances. The price of this capacity to mutate is indeed some occasional illogic and some inconsistency with precedent. When things are going well, we at least manage to treat like cases alike for the moment, remaining fully conscious that our ideas of what is “like” and “different” are things we lawyers both construct and soak up from the legal and social cultures we inhabit. And we fight about which sorts of consistency are wise, and which are foolish.

I was thinking about Holmes's Emerson's aphorism this morning as I read the news about Washington and Iraq. It seems we need to reverse the aphorism to capture something more than a little true and deeply unsettling about the course of United States foreign policy. I don't mean the Bush doctrine of US supremacy and unilateralism, which is certainly consistent and arguably foolish. Rather, I mean the Bush policy towards the occupation and reconstruction of Iraq. Having said loudly and often that the US must stay the course, not cut and run, etc. etc., the Administration now shows disturbing signs of what the Brits call 'wobble'.

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Off to (the State of) Play

Blogging may be light for the next few days, and will certainly be erratic, because I'm off to New York to attend the State of Play conference. There are a bunch of interesting papers online, so it looks like it should be a good event.

I'm mildly amazed at the speed with which the academy can take a social trend and turn it into something that generates scholarship worth reading. Yes, sociologists have been writing stuff about MUDs and MOOs for years, but — to be blunt — as far as I can tell, having looked at piles of it, only a depressingly small fraction of it was neither jargon-ridden nor obvious.

Things changed when the graphics got better, and games went mass-market and commercial. For me at least, the first sign something was up was when Edward Castronova started writing economic analyses of virtual worlds. Next thing you know there's an explosion of writing about massively multi-player online role-playing games. In fact, there's a whole virtual community.

Of course, my participation in all this is something of a cheat, since I'm very much the junior author on the paper, more than half the work having been done my co-author Caroline Bradley.

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LOTR3 Without Saruman?

Slashdot | Saruman Completely Cut from 'Return of the King'

Far be it from me to venture into the culture wars, but this is nuts.

Posted in Kultcha | 12 Comments

White House Caves on 9/11 Documents

Yahoo! News – White House, 9-11 Panel OK Documents Deal.

Basically the White House just caved to the 9-11 investigators on this one in the face of a threat of a subpoena (and falling poll numbers…). The full Commission won't access the documents—which include the Presidential Daily Brief—instead only a sub-committee (picked by the committee) will get access. That means there's a fig leaf for the White House. But the sub-committee can share what it learns with the rest of the committee. So it's a pretty threadbare fig leaf.

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Posted in Politics: US | 3 Comments