• Eurogamer’s Robert Purchase spoke with Pete Hines about their decision to pursue legal action against people reselling games. Go read Purchase’s article and come back.

    While I agree that it’s difficult to tell if a “sealed” copy of anything actually contains what it says, or is something that just weighs the same, I found this part of Hines’ argument particularly telling:

    “He, specifically, was trying to list it as a new product as if he was GameStop or Best Buy… He’s not a company, he’s not a distributor…”

    To Pete Hines you’re not allowed to sell something as new unless you’re part of an incorporated legal entity.

    Last week I bought some electronics from a person off of Craigslist, they were selling it as “new” because it was still sealed. When I met the seller I had them open it up before buying it because you do need to be able to tell that it isn’t a box with a brick in it.

    That is a legitimate concern, and I’m not sure how you resolve that question over an online purchase, but it isn’t really up to a the original software developer or publisher to police that. If they are going to do that,  you would hope that they have a very strong argument against the individual seller.

    Hines is quoted as saying:

    “…we don’t want our customers buying stuff from a vendor like Amazon where they think they’re buying a new product and suddenly finding out they got a disc that’s been played, somebody kicked across the floor and scratched and ‘oh they took out the insert that had the special items I was supposed to get for buying this’.”

    Hines never makes any statement that the original seller, Hupp, was actually selling a resealed product as new, but he sure does love to speculate that this is what is happening. This is an incredibly flimsy excuse to approve the legal threats against Hupp, and it absolutely isn’t the same argument that his lawyers are using. Their argument is all about a bogus missing warranty.

    Even if they’re successful in their pursuit of shutting the practice down, you don’t need to be a lawyer to smell the stench from Maryland. This is about locking out individuals from doing what they want with the things they purchase, not protecting anyone from buying a resealed game.

  • IGN recently fired an editor that covered Nintendo platforms and software, Filip Miucin, when it was discovered that he had plagiarized a review for Dead Cells from another video review.

    This situation was awful enough, but IGN’s managers did a good job of resolving it quickly, and I thought it could be an opportunity for the journalist who plagiarized to grow and learn a valuable lesson. That isn’t at all what happened, he posted a video apology to YouTube and it is just completely insincere garbage that I won’t embed or link to. ResetEra has a transcript.
    Portions are excerpted in this retort from another writer that Miucin plagiarized, Chris Scullion:

  • Epic is skipping Google’s Android app store (the advertising publisher calls it Google Play as if that meant anything) for their upcoming Android version of the free-to-play Fortnite (which is already on iOS and almost every gaming and computing platform.) There’s a beta signup here and the compatibility situation on Android is already a nightmare, check out the list of supported devices. It is extremely specific and the few Android devices I have aren’t supported.

    Epic’s Tim Sweeney was pretty straightforward about why they’re avoiding Google’s app store in this interview with Dean Takahashi:

    There’s typically a 30/70 split, and from the 70 percent, the developer pays all the costs of developing the game, operating it, marketing it, acquiring users and everything else. For most developers that eats up the majority of their revenue. We’re trying to make our software available to users in as economically efficient a way as possible. That means distributing the software directly to them, taking payment through Mastercard, Visa, Paypal, and other options, and not having a store take 30 percent.

    I’m not sure how well this is going to work out for people playing Fortnite. Google’s app store security is awful and routinely distributes software that compromises user privacy and security already, but at least they can moderate that. To get started with Fortnite on Android users are going to have to disable built-in security functionality that disallows third-party apps. Sideloading applications is useful and should be possible on any computer we use, but there are going to be negative consequences for users who don’t fully understand the risks involved.

    Parents and tech savvy folks helping their friends and family are going to be busy when they realize their devices are compromised by installing a phony version of Fortnite, or a version that works but steals their credit card data. Try searching your favorite web search engine for the premium currency in the game, “Fortnite Free V-Bucks”, those scammers are oiled up and ready for anyone who falls into their trap.

    Julia Alexander investigated the versions of these “V-Buck” scams that run on YouTube:

    Since Fortnite’s meteoric rise, there have been multiple YouTube videos running as ads that pitch Fortnite players easy ways to get free V-Bucks. (V-Bucks are Fortnite’s premium in-game currency, which lets them purchase limited-edition skins, gear and weapons.) Search “free V-Bucks” in YouTube’s search bar, and more than 4.3 million results will populate.

  • Apparently Bethesda is threatening to sue people who resell their games. Polygon’s Colin Campbell has the story:

    Philadelphia-based Ryan Hupp recently contacted Polygon to explain how he’d been forced by Bethesda to stop selling his copy of The Evil Within 2. He bought the game but never unwrapped it, he told us. He’d been expecting to purchase a PlayStation 4, but instead spent his money upgrading a gaming PC. Hupp said he often sells used goods through Amazon Marketplace, which works in much the same way as other online trading sites, such as eBay.

    Bethesda’s legal firm Vorys sent Hupp a letter, which he forwarded to Polygon, warning that the game must be taken down and threatening legal action for non-compliance. In its letter, Vorys made the argument that Hupp’s sale was not “by an authorized reseller,” and was therefore “unlawful.” Bethesda also took issue with Hupp’s use of the word “new” in selling the unwrapped game, claiming that this constituted “false advertising.”

    The modern situation with game software that we can collect and play for a time, but not own in any real sense is extremely disturbing, Bethesda isn’t helping the situation.

  • Microsoft’s smaller, cheaper, version of the Surface sounded pretty interesting if you ponied up for something better than the base model. Unfortunately the performance is extremely limited for a device running Windows 10. Mashable’s Raymond Wong titled his review “…Barely better than a netbook” and had this to say about the performance:

    This Pentium chip is significantly slower than the Intel Core m3 chip inside of the entry-level Surface Pro. Microsoft touts 33 percent faster graphics than a Intel Core i5-powered Surface Pro 3 and 20 percent faster graphics performance than Core i7-powered Surface Pro 3, but honestly, none of these figures really matter because the Surface Go chokes up fast under even light usage.

    […]

    …the slowness is noticeable all throughout Windows 10 on the Surface Go. There’s lag when opening photos. There’s lag when launching apps. There’s even lag when opening up the settings to change the desktop wallpaper. Even on my higher-spec’d Surface Go review unit with 8GB of RAM, the slowdown was too real.

    I had briefly considered that the Surface Go might be a good replacement for the iPad Mini I sold recently. Even after reading some more charitable reviews, the Surface Go doesn’t seem like a good choice anymore.

    It’s a good thing that Microsoft is still working on devices like this, they were ahead of the tablet game years before Apple’s iPad was released, and even as a failure these Microsoft tablets provide a valuable look at what the future of computing could be. Large touch devices are so damn close to being good laptop replacements.