I must confess, the iPad we bought for device testing has migrated home to the flat, and now only makes its way back to the office for specific needs. Not for purely selfish reasons I hasten to add, although it is partly that. Rather it’s because when we first got it, I was unsure as to exactly how it would fit into the average user’s life. The iPhone was easy, within an hour or two of using it I could see it’s niche; a pocket sized, versatile device with good connectivity and an intuitive interface. The iPad, not so much. Too large to carry around without making a conscious effort; lacking the keyboard for serious work, and unable to run most of the existing software most users are accustomed to using on a laptop.

The real trouble is that we here at Black Company make terrible cold testers. We’re technical, so we tend to focus on the implementation details rather than the broader feel of the interface. We’re advanced users, used to knowing everything about the software we use; being forced to learn a whole new interface makes us grumpy, but not nearly as grumpy as having not having all of our usual tools to hand. So as I usually do with such things, I hand them straight to my wife without saying a word, and simply watch how she uses it. The question was, really, would it find a use naturally, or would we be using it for the sake of it? And what would that use be?

Put simply, it did, and the use is: content viewing. I had thought that my computer time was read-write, but in reality, outside of work, the majority of my time is spent consuming content and not creating it. Facebook, Twitter, blogs and RSS feeds obviously, but more and more with on-demand video services like iPlayer. The iPad keyboard is, frankly, not pleasant to use (I’m writing this blog post using it as a proper test), but for the majority of content viewing we do, that’s not an issue. In fact, in the few months we’ve been using it, the biggest annoyance has been the fact that much of the on-demand TV we want to watch is on Channel 4, and their web solution was Flash based (i.e. not available on iPad.

And it was what we had to do when we did want to watch those things that drove it home to me. The iPad lies around the living room happily. It’s discreet and portable. To get the laptop out, plugged in, booted, takes a good 5 minutes, not just because it lives in a bag in the other room. So it’s a new way for us to experience the content out there, that we just wouldn’t have done before, and I don’t think I would have appreciated that without properly field testing it (or at least, allowing Vicki to do that).

That’s not to say that there aren’t other lessons to learn too. The bad apps we’ve found are the ones which simply take an iPhone user interface and make it bigger. But the key thing to appreciate about the iPad is that there’s likely to be only one in the household. Whereas the iPhone is a naturally single user device (not just because it’s something you keep on you as you move around), the iPad is passed around amongst the household. So apps like Facebook and Twitter have to account for the fact that you’ll want to easily pop back to the top level and switch users; as well as some loose protection against accessing other people’s accounts. You trust the people you share the iPad with, but not that much. And of course, it’s far less likely to be moving around out in the world, so apps that focus on the geo-location data are far less useful. On iPad, the value is on it’s versatility to display content in a relaxed environment (not necessarily at a desk). The larger display is key to that versatility.

The trick will be to take the things we understand about how the iPad gets used, and use it to inform our app designs.

I thought I’d add my voice to the rest of the gaming community praising Portal 2, which I finished last week. A great story, which made me laugh out loud at least a dozen times, which is rare in any medium, let alone a game. It’s not without its flaws, but all are minor and do not detract noticeably from the overall experience. It most definitely passed my usual acid test for quality: that I wanted to play it even when I didn’t have any free time, to the point where I was skipping sleep to play it some more.

I loved the original, even though I wouldn’t have bought it were it not tacked onto Half-Life 2: Episode 2. It always struck me as a wonderfully weighted title – just the right length, elegant in its simplicity, and with a level of polish that larger titles just don’t achieve. More than anything though, it was a title that left me wanting more, not because it was too short, but because it was so good. Much like a wonderful novel or film where I get immersed in the universe and characters, the end comes with both a warm glow of satisfaction at the conclusion, and an aching for more. More of the characters, more from the rich universe. It’s a rare creation that brings that level of quality to the observer, and both Portal incarnations have that quality in spades.

I’ve been ranting somewhat about the poor judgement of top-end games development recently. Quality of Life and financial issues are just one facet of a deeper problem: that we’ve been trapped into an arms race of scope. To justify a ‘full-price’ cost, developers feel they have to match or out-do each other. Worlds grow larger and larger, not even bound by memory constraints, since every large game streams their environments off disc. Stories grow more and more epic, and require game-play lengths to match. More characters are wedged in, even though there’s not enough time to get to know them in any great detail. Their voices are provided by more and more famous actors. Cut-scenes get flashier and longer.

The problem is that the underlying mentality to it all is ‘go big, or go home.’ Budgets spiral upwards, or if they don’t, then quality spirals downwards. Both hurt a title’s chances of success. But more quality doesn’t justify a higher price tag to match the increased costs. The players have shown in a wide variety of ways that they’re not prepared to pay any more for games than the already high cost. Second-hand sales and rental mean that the RRP quickly gets turned into the ‘real’ price – far lower. Popular titles drop slower than unpopular ones, so market forces still apply. But as an industry we still delude ourselves that we ‘deserve’ the RRP times the number of units sold.

That’s not the real madness though. The real madness is that despite all our profitability numbers showing the decline, developers and publishers keep on down the same path. They know how much more it costs to increase the scope of the games we make, but they do it anyway. Why? Because they know if they don’t invest enough in titles they flop, because they are competing with other titles on quality. But they don’t know how to turn investment money into quality. Quality is hard. It’s intangible, and you don’t always know it until you see it. So they put the money on things they can understand. More levels, more characters, bigger worlds. They set themselves a benchmark of their competitors, plus some. Because if X was a success, and we have more of everything than X, then we’re as good as X, right?

So when a title like Portal comes along, I regain a bit of hope for our industry. By showing that you can make a massively successful title, not by making it bigger, or more complicated, but by making it good, it’s a bit of ammunition for the decision makers. They can point to Portal and say “it doesn’t need to be big, as long as it’s fun”, or “let’s find a mechanic that works well, and just stick with that”. And maybe we can halt this crazy race to massacre our industry’s profit margins.

So I hinted last time about my continuing disappointment with the IGDA, and promised a more complete write-up of why. It seems though, just to take the sting from my tail, they’ve chosen this month to do something useful. So that has cheered me somewhat. It doesn’t erase the failings of the past, but it at least gives me hope for the future. Here’s a summation of my last couple of years of impressions of the IGDA.

[EDIT: the original draft of this article did not mention the IGDA press release made a week after the Rockstar San Diego Gamasutra post mentioned. Thanks to Erin for pointing this out in the comments, it’s definitely pertinent information, and in the IGDA’s favour.]

Credibility Hit #1: Mike Capps and working hours

This was the incident which prompted my previous posts: a board member, who had become aware of the IGDA’s efforts to work towards more sensible working hours, and didn’t agree with those efforts. Now, fair enough, the best (indeed only) way to influence policy in an organisation like the IGDA is to get involved, and he’s forthright about why he joined though:

But yes, I’m familiar with that [IGDA QoL white paper]. In fact it’s one of the reasons that I joined the Board in the first place. Because when I ran for the Board it was right around the time of “EA spouse” hitting and there were certainly organizations that were not taking quality of life seriously. But I thought that the efforts of the IGDA SIG task force were really misguided.

His stance ran completely counter to what the IGDA had been campaigning for. When pressed, the IGDA had the choice of standing by their original position, or defending what Capps had said and done. They chose the latter, which to me invalidates all they’ve stood for. Worse, individual board members made statements which pretty much supported Capps’ views, although many of them were later retracted.

Credibility Hit #2: IGDA and Rockstar San Diego

A chance to redeem themselves came in early 2009, when the wives of various R* San Diego employees got together and threatened legal action against their husbands’ employer. Not the best of moves admittedly, but a move borne out of frustration and an inability to help their situation any other way. After a week, the IGDA posted a press release which nodded to the Gamasutra article, and re-iterated their position on QoL, without outrightly accusing R*SD of anything (understandably so). This I can’t disapprove of, although I felt it could have been far more critical, and should have called for R*SD to respond publicly to the accusations made against them.

However I was worried by the immediate response (on the day of the article) from the IGDA, in the comments, as represented by Erin Hoffman. In it she voiced vague moral support, followed quickly by claiming that things were better than they were 5 years ago, defending the IGDA against criticisms about its inaction, and seemed to be blaming the developers for not asking the IGDA nicely for help.

It is an inflammatory red herring to call attention to the IGDA in this case. I have sat on the IGDA’s Quality of Life committee since it was formed and the ECQC since 2005 and its formation. No one from Rockstar has ever once contacted either group, nor, to my knowledge, sought advice from the IGDA on this issue at all. I have individually spoken with multiple Rockstar San Diego developers over the years and have known that this was brewing, but until someone was willing to do something about it, there was nothing to be done from the outside.

The QoL SIG has achieved very little over the years, and it seems very much that it is content to sit and debate the issue, without taking any active steps. What role does it have, if not to act as an independent voice through which the development community as a whole can criticise the actions of studios who abuse their staff’s quality of life? They shouldn’t be waiting for permission.

If there’s even a hint that conditions like this exist at a studio, it’s time to make a carefully worded statement condemning such practices, and asking the studio in question to defend itself: either by debunking the accusation, or by coming clean and apologising for the way things are (and explaining what they intend to do to fix them). The IGDA is one of the few organisations in a position to bring these practices into the light, and by doing so help us start the conversations needed to fix them. I was cheered to see their statement in January about Kaos studios and a similar situation. This should be the norm, and I hope to see more of it in the future.

But at its heart, the IGDA’s position is inherently unclear. Are they representing the individuals, the staff, who develop games? Or are they representing the studios (a large chunk of the IGDA membership is from ‘studio’ memberships, where every developer at a studio is a member only because their studio is a member). When it comes to Quality of Life, those two groups are in tension, and in trying to represent both, the IGDA would represent neither.

Credibility Hit #3: Tim Langdell

More trouble on the IGDA board. A member who not only does not represent the games industry, but indeed is someone whom the games industry is actively ashamed of. Someone quite happy to use the fact that he was an ‘IGDA Board Member’ to bolster his own reputation. Elected in March 2009, eventually forced to resign in late August 2009. His underhand tactics and practices regarding abuse of tenuous trademarks have since been thoroughly exposed, documented, and now thanks to EA of all people, consigned to history. But I mention this here not for those reasons, but because even once the full extent of Tim Langdell’s business practices were exposed, the majority of the IGDA board not only condoned his actions, several of them even defended him. Much like the Capps affair, it seemed clear that the IGDA board would stick together, regardless of their members actions.

The resulting furore and outright uprising on the IGDA forums should have been ample indication to the board that they had royally pissed off their membership, and that they needed to do something. What they did, sadly, was to first ignore, then to suppress the discussion, by locking threads and deleting the increasingly shrill posts condemning their actions. Month after month, it dragged on. Those most passionate about the whole affair demanded that Langdell be removed from the board, but the board refused to do consider this, stating that the IGDA membership would have to raise a petition before they’d consider it. But, they wouldn’t consider the forum thread a petition, nor would they consent to actively poll their members on it. Eventually, those involved had to scrape the membership’s email addresses from the website just to solicit the membership opinion. Very quickly thereafter, the support for Langdell’s removal (or at least a proper vote on the matter) was irrefutable. Only then was the IGDA board even starting to acknowledge that Langdell’s position might be untenable.

Throughout this whole affair, I was flabbergasted by just how disconnected the board was from its membership. If this is how the IGDA as an organisation responds (or fails to respond) to a matter where their membership is clearly polarised, how can they be expected to reach a representative decision when the matter is less clear cut. As a democratic organisation, it is continually struggling to reach quorum on its votes, and as a result very little can be actioned. Even board membership elections fail to reach quorum, but by convention the board accepts the votes anyway (otherwise the whole thing would fall apart). So how it can claim to represent developers, I’m not entirely sure.

Website

Ironically, the mechanism by which the whole Tim Langdell debacle really kicked off: the forums, is also one of their most chronic failures. For several years, a new website had been promised, all bells and whistles, which was to transform the IGDA website and how the community interacted with each other. To say that the website, when it was finally delivered (late), failed to deliver would be an understatement. The old forums weren’t great, but at least it worked. The complaints about new forums are so bad, it’s no surprise that conversation has dropped off to a pitiful amount. Which I suppose is great for avoiding controversy and criticism by your members, but much less so if you want to maintain a thriving community which promotes communication amongst your membership.

Benefits

It would be remiss of me to write a post like this without talking about the up-sides to membership of the IGDA. For an ‘international’ game developers association, the benefits of membership are largely not that international. The biggest tangible benefit: health-care discount, is only applicable in the US. The discounts on conferences are mostly for US conferences, except for GDC Europe. There are discounts on books and they provide web resources though, which is very likely useful.

There certainly are useful SIGs as well: the Toolsmiths SIG is a gold-mine of knowledge, a great place to bring some very good and very experienced tools developers together to share knowledge.

But the biggest benefit of the IGDA in my eyes however has always been the social aspect. The local chapters are where the real value of the IGDA lies: getting game developers to come together, share knowledge, and get to know each other. That is why, for all the organisation’s flaws, I’m still happy to see efforts to restart the IGDA Scotland chapter. As a banner to rally under, it’s a pretty decent one – well known and easy to find.

The vast majority of usefulness I’ve seen come out of the IGDA has been voluntary work, done by chapter organisers for the benefit of their local community, not paid for by the membership dues. I want to know how I can support those people, not the IGDA. Absolutely, let’s get together and get involved: the more we work as a community the better we’ll be. But that doesn’t need to involve paying $48 dollars to a US-based organisation, for some intangible benefits. Especially when that organisation gains both cash and credibility by counting you as a member, but is not actively working in your best interests.

Some people think the IGDA’s day is past, and the declining membership is a sign that a new organisation is needed. I don’t agree. There’s a new crop of board members elected, that know fine well what has gone before. Some of them (like Darius Kazemi) have been open and honest about the organisation’s flaws, and are working hard to make things right. I want those people to succeed, and restore the IGDA to being something I am not only happy about, but would actively support. And in taking a stance against Amazon’s app store policies, it looks like they’re heading in the right direction. I look forward to the day when they sort out their work on Quality of Life in the games industry, and I can reconsider my stance.

It looks like a well meaning group are attempting to restart interest in a Scottish chapter of the IGDA. While I’m all for more cooperation between Scottish developers (and engaging with other people interested in the industry), I’m still rather soured on the IGDA itself. Since my earlier posts relating to working hours, the organisation has only been further devalued in my eyes. But rather than rant about it now, I’m going to make the effort to attend a local meetup and meet the people in question, and tell them just why I’m cynical. Maybe I can be persuaded that I’m just being a stick-in-the-mud, but at least they’ll be going into it with open eyes. Either way, I’ll thrash out the arguments both ways, and write it up for here.

In the meantime, I haven’t much that I can interestingly write about here. We’re juggling now 5 distinct projects (6 if you include the much neglected internal prototype work), none of which I can freely write about here. Well that’s not true, of course I can talk about our own project, but right now I don’t quite want to, at least not until we can put up some interesting looking screenshots. But more importantly for us is the fact that we’re actually progressing one of our ideas, instead of continually putting it off till the next bit of down-time between client work. I think that’s good, both because it’s cool to be doing our own work, but also because it keeps us from going a bit mental with an seemingly never-ending pile of work-for-hire. As much as we like our clients, their work is theirs, and it’s hard to get super-enthusiastic about other peoples’ projects.

I’m personally feeling a bit of burn-out, largely because I’ve been working solidly since before October, with no breaks of more than two or three days, and there’s not likely to be any let up for the next month or two at least. So refreshing our heads with a bit of our own work is a good thing to stave off the madness. Sadly the same lack of available energy is the reason why the scarcity of posts here. There have been plenty of interesting topics come up, I’ve just not been able to find the time to write them up for here.

It’s funny, because when I was working as an employee for someone else, it never occurred to me that I needed a holiday. I threw myself into the work, but not completely, there was always room for personal stuff. Since starting up for myself, the greater focus on work means that I’ve had little creative energy left over for anything else. And if I want to refresh my batteries, I think I need a proper (i.e. not thinking about work at all) holiday. But I should stop dwelling on that now, because I find myself staring out of the window here at the pretty sunset, day-dreaming about what I’d do on a holiday, and that’s just rubbing salt in the wound.

It’s been a busy winter for us, but this story (originally in the Daily Mail, unsurprisingly enough), made me grumpy enough to warrant a post.

It concerns a mother who is indignant that Microsoft are ignoring her complaints about her 11 year old child being ‘allowed’ to spend over £1000 on XBox Live. Over the course of six months as well, so it’s not like it was a spending binge.

Some choice quotes from the article:

“It is ridiculous to allow someone of his age to make payments without any checks being done,” out of pocket mother Dawn Matthews told the Daily Mail.

Indeed. Lucky there are several checks in place to ensure that children can’t spend someone elses money. All of which you bypassed for him.

“When he is in gaming mode he can’t be thinking about the money. You can’t put all that responsibility on a young boy.

Yes. Heaven forbid a child understand the concept of money, and the spending of other people’s.

“It is impossible to monitor everything your children do. These companies should take some responsibility. They take advantage of vulnerable people.”

Well, someone should certainly take responsibility. I’m going to go with the person who gave the child the ability to spend that money, and to a lesser extent the child for actually spending it.

“A thousand pounds isn’t that much to people like Bill Gates,” concluded Dawn Matthews, “but for a single mum it is a lot of money that I don’t have.”

Okay, well a) Bill Gates has been gone from Microsoft for a long time, and b) if you don’t have the money to spend, then you should be careful about how you allow it to be spent. Six months went past before this was stopped. That’s six credit card bills with their contents ignored. If you don’t understand what you’re doing with your credit card, then maybe it’s not a wise thing for you to have a credit card.

As if the refusal to accept responsibility for disabling all the parental controls and putting her credit card details in wasn’t enough, a cursory examination of this 11 year old’s public gaming history shows a slew of 16+ and 18+ plus titles.

And finally, the last part of our look at our Employee Terms and Conditions. Since the document itself is written in suitable legalese, I wrote up a more succinct (and decidedly less formal) version that conveys the spirit of the terms rather than getting bogged down in exact wording.

1.1 You’re an employee, we’re your employer. Welcome aboard. Get to work.
1.2 If you’re too sick to work, don’t be surprised if we get a temp in to cover. Don’t worry, you’re not being replaced.
1.3 Just to make sure – you’re okay to work here, right? You’re not also pretending to work somewhere else? Or claiming benefits from being out of work?

2.1 We expect you to work a typical week, but when the s&*^ hits the fan, we might need you to stay late.
2.2 If you’re putting in a regular day, you can totally take some time out for lunch. Just don’t eat anything that stinks the office out.
2.3 We can’t / don’t want to pay you money for overtime. But since overtime is definitely over and above the call of duty, we want to recognise that, so if we do need you to do it, we’ll let you take time off later, as much time off as you put in extra now. That doesn’t mean you get to take the piss and work silly hours for a week, and then not come in for a week. What it does mean is that, if the business needs it, you and your manager can work out when you’re going to work extra, and when you get to go home early (or stay off) to make up for it. Even at that, we’re going to cap it at 20 hours in a month, because that seems like a reasonable amount; anything more and you’d not be usefully working anyway.
2.4 Don’t f*(& around. Really. We pay you to work, we expect you to work. Don’t take the piss, and you’ll do just fine. On a more serious note, this is really how we want you to work. We don’t want you working stupid hours into the dead of night to hit our deadlines, we want you in and focused 100% on your work for the 8 hours you’re in the office each day. We’ve already said we’re going to send you home at a sensible time every day, and we hope that will help keep you sharp and eager to work when you’re at your desk. Obviously there’s some give and take here, but it’s at the discretion of your manager. Rest assured, he’s probably occasionally web-surfing too, but within reason, and he expects the same of you.

3.1 This is obviously a condition written when we were still all working from home (we have an office now). We’re not going to up a move to Guadalcanal without some notice, but if we do have to move, we don’t expect you to come with us without being paid to relocate.

4.1 You get paid! Hurrah. You get paid after you do a month’s work, at the end of the month. (If we didn’t pay you at the end of the month, you’d be within your rights to not come back in at the start of the next month until we did).
4.2 We’re not going to fix you on this salary for ever, but we can’t say when or how we’ll change it next. We will however work out when that’s going to happen with you in advance, usually when you take the job.
4.3 Legal stuff.

5.1 If you’re working for us, and you pay money out of your own pocket to do that work, we’ll pay you back later. But you’ve got to do it by the book, so receipts, and get the claims in sharpish. And for goodness sakes, clear it with your manager first.
5.2 Company credit card? How much do we trust you? Okay, so we do, but you’d better not abuse the trust, and it’s still ours.

6.1 Details
6.2 You get a certain amount of holidays a year, and you earn a fraction of those holidays for every day worked. This is to stop you from joining the company, then trying to take all 30 days holiday in the first month. Holidays come after the work, not before.
6.3 6 weeks holiday – but bear in mind that includes the what, 8 days of bank holidays that some other places add on top.
6.4 You have to let us know when you want to get off. Usually that will be fine, with advance warning, but sometimes we need you in the office for certain deadlines. The farther in advance you let us know, the more likely it is you’ll get to take it; if something comes up for the business then so be it – we won’t ask you to cancel a big holiday planned in advance because the client pushed the deadlines forward (or back)
6.5 (see 6.3)

7.1 You’re never so sick that you can’t make a call to the office and let someone know. NB: Emailing is not letting someone know! You have no idea if that email’s been picked up, maybe the person you emailed is sick as well. You have to have made a sincere effort to let someone who has made it to the office that day know.
7.2 Doctor’s note if you’re really sick – we need the paperwork to cover us for sick pay reasons, etc.
7.3 More statutory stuff that says we’ll still pay you if you’re long term ill, but in line with government rates
7.4 same again
7.5 and again
7.6 If you’re getting a wad of money from sueing the drunk driver that knocked you over, some of that money comes to us to cover anything we’ve paid for your convalescence.
7.7 We might need to check your health, for our own insurance reasons, or because we’re trying to stop all of you sedentary developers from keeling over with heart attacks due to your bad diet and lack of exercise. Don’t worry, we’ll pay for it all.
7.8 Just because you’re ill, doesn’t mean that we can’t terminate your employment. In fact, whether you’re ill or not should have nothing at all to do with us letting you go.

8.1 We might, at some point, need to sack you. Might be your fault, might be a decision we have to make for other reasons. If we do, we’ll tell you about it a month in advance. If you want to leave, you also have to give us a month’s warning. If you’ve breached these terms though, we’ll put you out right away.
8.2 If you’re leaving, for whatever reason, we might want to just pay you for your notice period without actually having you around. Don’t take it personally. Whether we do or not is up to us though, not you.
8.3 If you’re leaving, and we keep you around for your notice period, then we don’t have to give you any real work to do, or even let you back in the office.

9.1 We might give you some kit to do your job, but if you’re leaving us, then you have to give it all back, including any copies you’ve made
9.2 And you might have to swear that you definitely have done this, so if it turns out later you were lying we have something we can point to and moan about it

10.1 If you are involved in any other business that might relate to us in any way (like a competitor, or even a similar business), you have to let us know. We might not mind, but you definitely have to tell us. That includes your direct family too.
10.2 Once you’re working for us, you agree not to start anything like that either. We don’t mind you buying shares in a business like that, as long as it’s not a very big stake.
10.3 Stuff defining some examples of how we mean ‘involved’ in those other businesses.

11.1 You’ve got to tell us if you were a crook, generally a dodgy character. And if you find out that a bunch of your colleagues are planning to leave and strike out in competition with us, you’re obliged to tell us as quick as you can. And if you know that one of your colleagues is screwing us over, tell us that too. Otherwise we’re going to believe that you were helping them.

12.1 Don’t tell anyone else things you know because you’re working with us. That includes other business’s secrets – our company has agreed to keep those secrets, and that includes you.

13.1 Any ideas or content you come up with “while working on activities for us”, belongs to us, wholly and completely. That applies whether you’re in our office our out on a client’s site somewhere, or even if you’re working on company stuff in your home. Conversely, if you’re not working on activities for us, your ideas are your own. Bear in mind, you shouldn’t be working on activities of your own when you’re at work at all – we expect you to either be at the office, working, or at home, not thinking about work at all.
13.2 If you do come up with something at work, and we really don’t want it, you can ask, and we might just give you all rights to the idea. This will basically take the form of a signed document that say exactly which idea we don’t want and we’re handing off to you.
13.3 Some copyright specific stuff to make clear that we, the company, is the author/originator, and not you, when it comes to IP
13.4 We might need you to sign your name and generally take part in the process of sorting out trademarks, patents, etc, that you had a hand in creating with us. That’s true even if you’ve left the company’s employment since you did the work. You won’t be able to do those things on your own, it will have to be us that drives the process.
13.5 You’ve got to do everything you can to make sure that the IP rests properly with us, and not you; even after you leave us.
13.6 Don’t steal anyone else’s work and pass it off as your own (and so ours), or make some libellous or obscene content in our name.

14.1 You’re going to be exposed to at least some level of our company’s secrets – you’ve got to keep them. If you do divulge anything, you’d better have our written consent first.
14.2 You can’t start a business in competition with us. But we don’t mind you owning shares in a publicly listed company that competes with us (that’s just investment). Shares in privately held companies are out though.
14.3 You’re not allowed to poach recent (in the last 12 months) customers from us
14.4 You’re not allowed to poach recent (in the last 3 months) employees from us
14.5 You’re not allowed to use any confidential information you have as a result of working for us, or tell anyone else that information (apart from tribunals or courts that you’re obliged to tell the truth in)
14.6 You’re not allowed to record details of what’s going on inside the company, unless it’s to benefit the company
14.7 You’re not allowed to pretend to still be working with us after you’ve quit
14.8 We know this legal wording’s pretty complicated, and different situations lead to different justifiable periods, so if this contract would be valid if we took out some of these restrictions and/or reduced the times involved, then that is the contract instead. I.e. you agree not to try and work around these agreements by finding a loophole in an otherwise reasonable clause.

15.1 Don’t do something on our behalf that would tarnish the company’s name. We’ve written down how we expect you to behave, roughly, so you should read up on that so you know what to avoid.
15.2 If you’re new, then we might skip the more rigorous disciplinary procedures; but you can take your complaint to the company director, if you’re not happy with the way you’ve been treated.
15.3 Please be sensible, and work things out with your line manager before starting the formal grievance procedure. But if you do want to do it formally, make it in writing.
15.4 If you’re formally doing things, you have the right of appeal of your decision
15.5 If you’ve since quit, please still raise the grievance with the company director.

16.1 Legal statement that nothing else interferes with these terms
16.2 We might need to change these rules, but if we do we’ll let you know a month in advance.
16.3 Where to find the employee handbook

17 Legalese

18 Legalese

Maybe I’ve just been reading too many youtube comments, but as a game artist, you can’t quite help get the feeling that some people consider you partially responsible for the downturn in the quality of recent blockbuster titles.

I was recently discussing the new GTA facial animation technology with some friends and someone made a comment along the lines of “Meh. It’s a shame people will be praising this, the gameplay will no doubt  suck.”

Hearing a comment like that isn’t uncommon, and nor is hearing support for it. There have been a bunch of memes with a similar attitude flying around the internet for the last few years, so I figured I should give a go at dispelling some of the main ones in the chance for some unity and piece of mind.

Modern games just focus on graphics instead of gameplay

This is by far the most common one to hear, and though there might be some truth in it, it’s just a gross dismissal of the issue. The statement is purposefully ambiguous – as to actually use a word other than “focus” ties people down. For these people graphics have just become a scapegoat for bad design.

Most commonly by “focus”, people mean that more money is being spent on graphics than is justified. While games do have much larger budgets for artwork now – budgets across the board have increased. Programming teams, too, are larger, with a requirement for a much vaster selection of technical skills. These teams have had to deal with increasing expectations from the industry as well. The building of expansive maps and characters, which is often the standard now, isn’t just an artistic burden! Design teams are larger too, with a host of new dedicated positions for mapping, scripting, writing and many others. The idea of this paradigm shift by funding toward “having to be the best looking game” is simply a myth.

Even more to the point – does anyone really believe money can simply be thrown at good game design, and if it was the case, with the kind of sums made from WOW, wouldn’t developers and publishers be doing it already?

All my old favourites were just about gameplay

Recently I went back and looked over some old reviews of one of my favourite games, Populous: The Beginning. I expected it to score well overall, being a fantastic game. But what I wasn’t expecting was the fact that in almost every review it scored 10/10 for graphics.

Thinking about it afterwards, it didn’t seem so odd. The graphics for the time were amazing. Deformable terrain and flowing lava, as well as a beautiful world which felt alive with a host of subtle touches. Thinking about it even more I realized that almost all of my favourite games are in the same boat – Quake, Black & White, Sonic 3, Half Life, numerous others. I couldn’t even think of an example with graphics significantly worse than average. Developers have been pushing both graphical and technical bounds since the beginning of gaming.

Graphics are largely unimportant in a game

I think most people would agree, that almost by definition, gameplay is the most important part of a game. But pretending that graphics are unimportant is simply ridiculous. Atmosphere is one of the key parts of a game, and is deeply tied to the graphical style and quality. Immersion also is important, and while this doesn’t really relate to the number of polygons a game can draw, the consistency of the visuals are hugely important.

Developments in graphics are a hugely important device in opening up doors and new opportunities for game designers. It isn’t just coincidence that the vast majority of games for early systems were very similar, and usually tile based or 2D scrolling platformers.

Perhaps in the near future we’ll see another shift in game design and development, similar to what happened when 3D worlds became a legitimate mechanic. I, for one, want to be around when that happens, not lamenting over my Sega Mega Drive.

I don’t care about graphics providing the gameplay is good

This one is most commonly heard from the die hard fans of games such as Dwarf Fortress and the various MUDs and Roguelikes out there. There are grains of truth in this statement but most advocates seem to just be picking and choosing what they consider to be “graphics” when it suits them.

Gameplay and graphics can’t be separated so easily. Interaction, the key element of games, requires graphics at some level, and if it is impossible for a person to relate to this representation of interaction, the game is bound to fail.

The origin of this meme appears as an attempt to distance oneself from the typical screaming Call Of Duty kid, but just because a game doesn’t look like a generic Gears Of War clone, with bloom and HDR turned up to 11, doesn’t mean it isn’t impressive graphically or technically – often quite the contrary.

A good example is the indie gem Minecraft. Perhaps suprising to some, most artists would agree Minecraft has excellent graphics – and the progammers are reasonably impressed too. The whole game is soaked in atmosphere, the style is charming and consistent. There isn’t much more you could ask for.

Look on the net and you’ll find hundreds of instances of most incantations of puzzle and platformer games. It isn’t a surprise that the most popular version is usually the one with the most charming graphics ( N,  Orisinal come to mind).

Number of polygons might not matter to some people, but the ultimate system for how interaction is achieved, does.

So whose fault is it

One of the common trends I see in great games that stick in your mind, is an approach where by the essence of the game appears to be drawn out from the world. Populous, as mentioned above, is a good example of this, as well as another old favourite, Dungeon Keeper. In games such as this, the world and gameplay go together so beautifully that it isn’t even possible to quantify the gameplay mechanics without including the graphics, the atmosphere, the story and all the rest with it.

It seems that many modern blockbusters have a focus on “features”. Fallout 3, for example, feels very odd to play because it is set in this wonderful rich universe, but the gameplay is still more or less completely separate and abstracted from the setting. In a similar way, you could name a number of other recent titles, that seem like basic first person shooters with a graphical setting, and a number of “features” tacked onto the side – and none of that holds together very well.

Graphics and gameplay aren’t these two brothers competing for attention, and if you intend on making a truely great game, act like the responsible parent and don’t send them to their individual rooms – force them to play nicely together.

This post is the last in the series (see parts 1 and 2) on the Employee Terms and Conditions we use here at Black Company. Here we cover the remaining clauses, which are not exactly games industry specific, but apply to any creative business.

Conflicting Interests

[clauses 10.1 through 10.3, and 14.1 through 14.8]

Oddly, as an independent games developer, we’re not really in competition with our peers in the industry. Rather, we tend to work with them, collaborating where possible to help game ideas come to life, and celebrating their successes. But like any creative industry, the value in a company is in both its ideas, and its team. As such, there are issues which can arise that may cripple a business. A dispute with an employee may arise, causing them to leave the team acrimoniously. Any employee will take with them knowledge of titles under development, they may also have a close working relationship with a third party like a publisher. Such information can be abused such that the company loses out on business, and a healthy development can quickly turn sour. It’s not unheard of for a senior team member to leave, set up a new studio of their own, and not only poach staff from their previous employer, but also use their pre-existing relationship with a publisher to pick up a development deal, while the original developer implodes due to the sudden loss of staff.

In practice, such a situation is rare, and such a drastic failing would only be possible if the situation inside the developer was already problematic. But even on a small scale, such an event can be enough to seriously damage a studio, and so these clauses attempt to make clear what is expected from the employee. To summarise, the employee must a) not be involved (or get involved) in a competitor business, at least without declaring it to the company, b) not interfere with any of the business’s existing business relationships (i.e. no poaching work), c) not attempt to coax any staff to leave the company (i.e. no poaching staff), d) not give away any confidential information that might harm the company and e) not pretend to be part of the company after they’ve left it.

These clauses are more generally referred to as non-compete clauses, and can be difficult to enforce, as it depends on a judgement on what is fair and reasonable to both parties. The final sub-clause (14.8) reflects this, and essentially says that while the contract is trying to be reasonable, if any single part of the contract is deemed to be slightly unreasonable, then rather than rendering the entire thing null and void, the next most reasonable interpretation should be enforced.

This is especially important because employees cannot and should not ever be prevented from working after they have left the employ of a business. For this it is crucial that companies not try to enforce these clauses without good cause, as a loose interpretation of “competing business” would include every other game developer out there, and it is entirely unreasonable to try to prevent an ex-employee from finding work elsewhere in the industry. These clauses are there to get the employee’s agreement that they will not actively pursue a course of action that will damage the company.

Confidentiality

[clause 12.1]

Lastly, it’s worth noting that the employee is bound not only to keep any internal confidential information a secret, but that they are also bound by any confidentiality agreements entered into by the company. That is usually things like platform confidentiality (no talking about closed platforms like Sony and Microsoft’s), as well as any business to business agreements (no announcing to your friends that your team has just landed the next instalment in MegaFranchise, before it’s even been announced to the press that a sequel is on the way). And of course these obligations exist even after the employee has left the company, and there is no limit on how long they must be kept for. It’s also worth noting that if information becomes public through other means, the employee can talk about that – so when MegaFranchise 2 is announced to all and sundry, the employee doesn’t have to pretend they know nothing about it.

Summary

I hope this series has been useful, both to other small developers and to games industry employees alike. I found that, when we started out, all of this information was lacking, and we would have to hire lawyers to get set up. Even then, there are few games industry specific lawyers, so any information you can get for a reasonable price is usually from places which have no idea of the nuances of games development.

Lastly, if you are put off by the legalese in the document as is, you can go here for my rather irreverent but much more succinct summation of each of the clauses in the document.

This post continues on from the previous one on the Employee Terms and Conditions we use here at Black Company. The second part concerns Intellectual Property, an important facet of any game development studio’s work.

Intellectual Property

[clauses 13.1 through 13.6]

Pretty much most of game development is about creating things. Creating content, creating game ideas, and creating code to realise the vision. Often the work is done on behalf of another party – a publisher or other client – who will actually retain the intellectual property of that work. If a developer is lucky, they are working on their own properties, and will retain the IP themselves. But in both cases, it is important that the relationship between any employees and the studio with regards to IP ownership is made clear. I won’t claim to be an IP lawyer, or that our T&Cs cover every facet of IP ownership. But they do lay out a clear basis for where the IP rests. Since each sub-clause covers a different major point, I’ll go through them in detail.

13.1

Basically, any IP created by employees, either on their own or as a team, needs to rest with (be owned by) the business, and not by the employee. Also, there is never a point at which the IP is owned by the employee, and then transferred to the business. All the IP created by the employees in their day to day work is the studio’s. This is not just a nicety for the business, it is a requirement, usually stipulated in all of the contracts with other parties. If you are developing a title for a publisher, the IP is passed to the publisher as part of the work for hire contract between the studio and the publisher. There is no room for some of the IP to be held by the employees, it has to all unambiguously be held by the studio, so that it can all be transferred to the other party.

Note this vital part to the clause: “while working on activities for the Company at whatever location“. One of the most important parts of the IP protection is that it balances the employee’s ability to create, with the company’s need to retain its IP without ambiguity.

I have in the past signed a contract which stated that whatever IP I created, regardless of whether I created it on company time, on company property or not, everything I did was owned by the company by default. Of course that means that any work I did at home, on my own machine, at the weekend, was theirs as well. This is unacceptable to most game developers – we all have our own hobby projects, and it’s vital to our morale and sense of personal creativity that we be allowed to develop those ideas. To have your employer effectively grab those ideas away from you, even if they don’t want them and never use them, such that you have to beg just to get them back, is stifling, unfair, and counter-productive.

I can understand the reasoning behind it: the same contract I signed also had the clause which said that I could be asked to work any hours, in any location, if the business needed it. If the company asserted that only work done during normal hours or on company property was owned by them, then any work I did on company projects on my home machine, or off-site in some way might be considered to be mine rather than the companies, even though I was clearly working on company business.

The phrase “while working on activities for the Company” is key here. IP created whilst working on company activities belongs to the company, regardless of when it happens, or where. IP created under any other circumstances may remain with the employee. While there is still scope for ambiguity, this should be minimised by having a clear separation between work activity and personal activity. Employees may do whatever they want on their own time, including being creative on their own personal projects. If they want to be creative on their own time that’s great, but it should be done outside of the office and on their own equipment, so they are safe from any possible insinuation that their work belongs to the company. In turn, the company can benefit from having motivated and creative individuals who don’t feel that their employers are heartless IP-stealing bastards.

13.2

This is a clause about fairness for the employee. If they come up with an idea or other piece of IP which they think is valuable, but which the company does not, they may ask the company to relinquish the rights back to them, so they can then use them as they see fit. This is often the case with game concepts – a game studio might see dozens or hundreds of game ideas from their team. Some are taken up, some might be taken up at a later date, but some might just be the wrong fit for the business, or just not something that can be made the most of. The company loses practically nothing by giving these ideas back to the employee, but gains good favour from that employee. Crucially, note the “for no consideration” part of the clause. Basically, if the employee asks for it back, it’s most likely they aren’t going to pay to do so.

If any IP is given back to the employee in this way, it should always be done so in writing, to make it clear what ideas are being handed off, and so that there are no repercussions at a later date. For employee hobby projects this isn’t a big deal, but any project that is a potential money spinner might cause legal wrangles at a later date if the relationship with the studio turns sour and the exact IP that was transferred wasn’t well specified.

13.3

Not just intellectual property, but also copyright needs to be transferred. Specifically, the business needs to be treated as the author of any created work, as it pertains to copyright legislation. So in this clause the employee is agreeing to relinquish any authorial rights they have. I’m not entirely clear on the details, but I believe that authors have the right to stop certain ‘detrimental’ things being done to their works by others. Obviously again this is a right which would make things messy unless the employee agreed up front to relinquish this.

13.4

Certain parts of intellectual property protection, such as trademarks, patents, etc. do need the involvement of a creator, in person. This clause stipulates that the employee must join with the business in securing those items, and in protecting the business’s interests (for example if the business needs to litigate against someone else who is infringing a trademark). There are two things that are key to note here: 1) the employee needs to help with these applications even after they have left the employment (crucial since such applications can take a long time), and 2) all the expenses and decisions are the employers (i.e. the employee shouldn’t be financially impacted by this responsibility).

13.5

This is simply a reinforcing clause like 13.4, pointing out that the employee needs to do whatever is necessary to make sure that the IP is assigned to the business properly, even after they’ve left, and that the business should carry any expenses incurred to make it happen.

13.6

This clause is the flip side to IP creation – it requires the employee to ensure, to the best of their abilities, that they aren’t infringing anyone else’s IP. As long as they exercise due care, they should be immune from any legal action directed at the business. That is, the studio can’t turn around and simply blame the employee for any infringement unless it is demonstrably their fault.

Next Time

And that’s it for IP. In the final post in the series, I’ll cover the remaining clauses which are games industry specific.

I agreed some time back to write a post for IndieVision, on the Employee Terms and Conditions we use.  Actually, although they will hopefully be useful to my peers in the indie game developer community, originally I made them publicly accessible as a service to other employees within the games industry. There is always discussion on IP clauses in employment contracts, overtime, and I wanted to show that there were sensible, fair contracts that both preserved the needs of the business but were still amenable to the individual employees themselves. I had hoped that it could be taken by employees, so that any attempt by unscrupulous employers to say “these are standard clauses, and you won’t find a games job anywhere that doesn’t have them” could be rebutted.

Our T&Cs have been ratified by our employment law consultants as being compatible with all current UK legislation, but they did not write more than a few sentences of it. The majority of the interesting clauses are very games industry specific, and on that they could provide no advice, other than to say that the clauses that were there did not affect the contract’s enforceability on unreasonable terms.

There are basically two thorny issues when it comes to employee terms: working hours, and IP ownership, each complex enough to warrant their own posts. There are also some basic company issues, which I’ll cover in a final post.

Working Hours

[Clauses 2.1 through 2.4]

For working hours, there are two main issues: 1) flexi-time/working-hours and 2) overtime. We state that our working week is 35 hours, Monday to Friday. Our office hours are 9 to 5, although in practice I don’t hold our team to that. Flexi-time is a good arrangement, but I believe it should be agreed amongst the team rather than trying to lock it down in the T&Cs. What is important is that teams know what hours they are expected to work, in any given week.

It’s not uncommon for companies to want to specify potentially unlimited working hours, for obvious reasons. The terminology to note, which we also use, is: “the demands of the business necessitate a flexible approach. This may require the Employee to work overtime and/or unsociable hours as required by the Employer”. Obviously this opens the door to massive abuses of the employees. The fact is, this is to cover the employer for when the s&*^ hits the fan. The critical milestone or gold master build absolutely has to ship on Sunday night, and all the stops must be pulled to get it done, or else the consequences for the business are dire. As much as we’d all like to get rid of it, in our industry we play fast and loose, and end up too close to the wire. What this requirement is not, and should never be, is a licence for the employer to have the employee working massive numbers of hours, week after week.

In the UK, the EU’s working time directive should kick in to prevent this, by insisting that no matter what, an employee can’t work more than 48 hours a week. In practice this is averaged over the last 17 weeks, making it somewhat tricky to find out just how many hours an employee is allowed to work next week. In the past there has been an opt-out, which employers have encouraged employees to sign, on the grounds that when they do need those last minute crunches, they don’t want to get caught out because employees have already worked too close to the limit. It’s important to note that a) you don’t have to sign the opt-out at all, b) any attempt or coercion by the employer that implies that you won’t get the job if you don’t sign it is thoroughly illegal, and c) even if you have signed it, you can retract that and opt back in at any point, by giving your employer a weeks notice. It’s all explained very thoroughly here.

I believe quite firmly that the opt-out shouldn’t even be considered. It certainly shouldn’t be mentioned in the T&Cs. I understand that it’s being removed anyway, and UK businesses will have to comply like everyone else. The plain fact is that employees shouldn’t be working anywhere near to the 48 hour limit, so there shouldn’t be any issue for the employer.

So back to our T&Cs – there is a note stating that we may need the employees to work over and above the normal week, but only in an exceptional case, and in those exceptional cases, the limits and consequences are clearly laid out. There is no room for abuse of the employee if the T&Cs are set out well. Exactly how the business chooses to deal with the situation is different for everyone, but it needs to be crystal clear a) exactly what the normal working week should entail, and b) what the employer and employee can expect if they need to work above normal hours.

We are a small business, and can’t afford to pay overtime to get things done. Instead, we operate a time in-lieu policy.

2.3 In the case of overtime, the time spent over and above normal working hours in any given week will entitle the Employee to time off in lieu of work to be done in future weeks. All overtime is at the discretion of the Employer, and must be agreed in advance. No more than 20 hours may be accumulated in any one month, and the time off must be taken in the following month. No entitlement can be carried forward without prior agreement. Any entitlement not taken will be lost.

In practice this gives us a lot of flexibility. If we need to work an 70 hour week one week, it needs to be balanced by not working at all the next week. If we were to work even 5 hours a week over the limit, by the end of the month 20 hours would have built up, and the employee may take them off, or agree to save them up for later. The key point here is that it allows the business to temporarily ramp up when we need to, while limiting the length of time we can do that for, and giving employees the choice as to how they want to handle it. If we need longer term crunch, we have to ask the employees (nicely), to accept the longer working hours. Conversely, the employee cannot simply accumulate a mass of time off in-lieu without the business agreeing to it.

At no point should the employee be working additional hours without an explicit agreement on how they should be compensated for it. Any vagueness in the contract can only lead to dilution of an employee’s recompense. Any promises of bonuses at a later date to offset overtime done now are just theoretical; and employees will often find that the bonus divided by the hours of overtime actually mean they are being paid below the statutory minimum wage for that time.

That’s a long enough post for now, next time around we will cover Intellectual Property.