Fallout 76: Are Re-Rollers Gambling?
As of Season 12, entitled Rip Daring and the Cryptid Hunt, Bethesda might has well have entitled Fallout 76’s newest season, Welcome to Gambling. Let’s explore.
Challenge System
When Fallout 76 released in 2018, Bethesda included a “Challenge” system in the game. This challenge system allowed (and still allows in limited ways) players to obtain Atomic Shop currency called “Atom” in exchange for performing relatively basic challenges in the game world.
This Atom currency allows players to “buy” in-game items, such as CAMP add-ons, character clothing, hairstyles and face paint. The selection of the items in the Atomic Shop, at the time, was relatively limited in the early days, but has since expanded into consumables, Fallout 1st items, weapon and armor paints and even weapons.
Almost every video game released today offers a store with add-on items for players to purchase to enhance their gaming experience. The “Atom” currency has always been and remains the only currency in the game that can be purchased with real cash money in the form of USD (or other currencies around the world). For the purposes of this article, all dollar amounts shown are in USD.
For example, if you own a PlayStation, you can visit Sony’s PlayStation store and purchase Atom bundles, such as 500 Atom for $4.99 (or basically $5). The exchange rate is 100 Atoms to every $1 spent. An item in the Atomic Shop could then be said to cost $7 if it costs 700 Atoms. A small discount is applied the more Atom you buy.
If you pay $20, you’ll receive 2,400 Atoms. Bethesda’s marketing states there’s a bonus of 400 Atoms. In reality, this is simply considered a slight markdown on costs. Instead of costing $1 per 100 Atom, this changes the ratio to $1 per 120 Atom or discounted to 83¢ per 100 Atom. If you’re willing to spend $40, you’ll receive 5,000 Atoms. That further reduces the cost to $1 for every 125 Atom or 80¢ for every 100 Atom (a 20¢ discount or 20% discount for each 100 Atoms bought over the $5 purchase in the store).
That means that if you buy $5 worth of Atoms, a 1500 Atom item in the Atomic Shop store costs you $15.00. If you pay for $40 in Atoms, that same 1500 Atom item now costs you $12. That’s not a tremendous discount overall, but you will have saved $3 by buying $40 in Atom over buying three separate $5 Atom items (making $15 or 1500 Atom) from the PlayStation store. This conversion rate is only important if you’re wanting to equate how much something actually costs you in the Atomic Shop.
Fallout 1st
With the introduction of Fallout 1st, this monthly subscription service muddies the Atom waters just a little. By subscribing to this service, you’ll receive not only access to all of Fallout 1st’s features, including access to private worlds, access to custom worlds, access to the ammo and scrap boxes and a bunch of 1st exclusive Atomic Shop inclusions, you’ll also receive 1,650 Atoms each month. The cost for Fallout 1st is $12.99/mo straight up or $8.25/mo if you pay for the $99 to buy 1 year / 12 months up front.
Depending on how you choose to buy Fallout 1st, the value of the monthly allotment of Atoms changes. Buying Fallout 1st at the 1 year price is obviously the cheapest option offering up a nearly 50% discount off of those 1,650 Atoms (ignoring all of the rest of Fallout 1st’s features). 1,650 Atoms would normally cost close to $16.50 to purchase. Of course, the closest Atom bundle on the PS store is the 1,100 Atom bundle which costs $10. You’d have to jump to the 2,400 Atom bundle at $20 to get enough to cover 1,650 Atoms. The best Atom cost bundle is the 1 year subscription to Fallout 1st which discounts the cost of Atoms to 50¢ per 100 or effectively half price. That means that that same 1500 Atom item in the Atomic shop would cost you $7.50… assuming all of your Atoms came solely from being a Fallout 1st member.
Buying Fallout 1st monthly at $13 is still a discount on Atom, but at a rate of (rounded up) 127 Atom per $1 spent, just slightly better than buying the 5,000 Atom bundle shown above.
Challenges and Score
When the first Scoreboard season arrived in 2020, Bethesda changed what the daily and weekly challenges gave as rewards. Prior to the introduction of the Scoreboard seasons, all challenges awarded Atom. A player can spend these Atoms in any way chosen. Atom was originally awarded from both daily and weekly challenges as well as all of the other environmental challenges in the game.
With the introduction of the first Season and the Scoreboard, daily and weekly challenges changed to providing S.C.O.R.E. (another insipid Bethesda acronym). For the purposes of this article, this author will use the word ‘score’ for simplicity. Score is simply yet another, but separate form of Experience Points (XP). The score moves a blue progress bar across the Scoreboard. Once the progress bar reaches the end, the Scoreboard advances by one space. Each Scoreboard has 100 board spaces. Each space requires a progressive amount more score to complete. The first space might require 1000 score to complete. The last space might require 3500 score to complete. Every space in between requires more than 1000 score and less than 3500 score to advance to the next space. Once the game board has completed, additional board spaces appear so that awards can still be accrued by performing daily and weekly challenges.
For the first few seasons, once you reached the Scoreboard’s end, the board was over. Challenges did nothing and were worthless. It wasn’t until a few seasons later that Bethesda realized the problem and added more board spaces after the 100th board space, the final space which awards the “big prize” (such that it is).
What exactly is a Challenge?
While there are many challenges available in the game, the ones that matter most to today’s players are those that produce score. These are the only ones that advance board spaces on the Scoreboard. All other remaining challenges still provide Atom, but in small and diminishing quantities. The only renewing challenges are the daily and weekly challenges. The environmental challenges are one-off challenges that, for the most part, do not renew. These environmental challenges are one-and-done… with the exception of pick-lock and hack-terminal challenges that have a progression system that eventually ends, but which provide a small amount of Atom so long as they remain uncompleted.
The daily and weekly score challenges help “move the needle” through the Scoreboard. Each game board space unlocks some kind of Atomic Shop item including the possibility of a space awarding Atom itself. The board spaces are not random chance. They are hard set by Bethesda and the “prize” can be easily seen by hovering over the board space.
When Fallout 76 was introduced in 2018 (and until 2020), daily and weekly challenges awarded exclusively Atom alone. The daily challenge board might, in total, award anywhere from 100 to 300 Atoms (maybe more) depending on that day’s included challenges. That meant you could gain at least between 100-300 Atoms per day simply by doing the daily challenges. In a week, that could accrue to 1,000 or more Atoms just by doing daily challenges. The weekly challenges might accrue up to 1,000 to 2,000 Atoms (or more) depending on the included challenges. That meant that between the daily and weekly challenges you could see anywhere between 1,200 and 2000 Atom accrued per week. The problem for Bethesda was that all this freely available Atom from the daily and weekly challenges meant that players didn’t need to buy Atom frequently or sometimes at all. Bethesda wanted more income.
When the Scoreboard was introduced, the amount of Atom awarded by challenges was dramatically reduced to only those Scoreboard spaces which, all except one, offer a measly 150 Atom per space and only a handful of these spaces now exist on the board. In total, a single season Scoreboard typically awards 2,000 Atoms instead of up to 2,000 Atoms we were formerly getting per week from completing both the daily and weekly challenges. With the Scoreboard, it now takes many, many weeks of challenges to unlock the total Atom on the Scoreboard. Less Atom given out means more Atom sold with real cash money.
In other words, the amount of Atom awarded by the Scoreboard has been drastically reduced… forcing players to actually pay real money for Atom to buy larger Atomic Shop items. Bethesda enforces this purchase behavior by putting shop bundles into the Atomic shop for 16 days or 3 days or similar limited time offers which see the item disappear from the store after the timer ticks down. It’s a ruse that tries to force gamers into buying Atom to avoid “losing out”.
The challenges themselves include all manner of fetch quests. Some are long tailed and some can be completed in just a few minutes. Many are convoluted and may require things that a low level player might not have or might not yet have access to. Not all challenges can be completed by every player, depending on where that player is in completing the game’s main quest lines.
Challenge Examples
Challenges come in all shapes and forms. Some require completion of the challenge once, but many require completion of the challenge multiple times. For example, “Scrap Junk to produce Black Titanium (0/10)”. The 0/10 means that the player must scrap junk 10 times to produce Black Titanium to complete the challenge.
Bethesda plays games with these counters, too. The “Collect Pieces of Wood (0/200)” is a challenge that Bethesda has modified from its original to make it more difficult. When you collect wood, you might actually collect 4, 8 or even up to 20 pieces of wood as random chance. Yet, Bethesda only counts the collection itself toward the counter, not the number of the pieces of wood collected… as a way to cheat the player out of getting the task done sooner. Yet, “Craft ammo on a Crafting Bench (0/50)” still counts each individual piece of ammo crafted towards the challenge, even if you’ve only pressed the crafting button once. It’s this inconsistency and disparity between the challenges that not only make this system confusing, it makes the challenges a pain in the ass not knowing which rules apply. These counters are also what put long tails on challenges and require them to take a whole lot longer to complete than they should.
Some challenges are based solely on the completion of other challenges, like the Gold Star Daily Challenge. The Gold Star challenge isn’t actually a challenge, it’s a counter. It counts a specific set of challenges that have been completed. Once all of the Daily Challenges have been fully completed, the Gold Star Daily Challenge also completes. The Gold Star Daily challenge is an incidental challenge that completes only because other challenges have completed.
Challenges might include the following:
- Kill a Yao Guai with a Syringer
- Collect 100 Pieces of Wood
- Scrap junk to produce Black Titanium
- Kill a Deathclaw
- Eat a Meat based Meal
- Eat Pre-War Food
- Scrap Pre-War Money
- Complete a Daily Ops
Each of these challenges is usually sub-qualified with the number of times the player must perform that task. For daily challenges, if not once only, then it’s typically set to 3-5 times; relatively easy. For weekly challenges, it might be 20-100 times. With the introduction of the Re-Roller, the daily challenges have increased repeating the task from 3-5 to sometimes 20 or 30 or more, making these tasks take much, much longer. Yet, you still only have 24 hours to complete the challenge. There’s reason for this change, keep reading.
Atomic Shop Items
Atomic shop items are actually worthless. Why? Because you can’t craft them for others, sell them or even drop them. Any items purchase from the Atomic shop or, by extension, received from the Scoreboard are exclusively locked to that player. If you purchase (for Atom) an outfit from the Atomic Shop, it is exclusively for your use alone. If another player wants that same item, they must also spend Atom to buy it from the Atomic Shop. These player locked items make the item, in fact, worthless in the game world. They’re cosmetic, yes, but that’s the extent of the value of that item.
Some items can be used by other players, like Shelters, making these kinds of Atomic Shop items a bit more worthwhile than those like cosmetic armor or weapon skins. Shelters, for example, are probably one of the most useful items in the game. These in-game rooms offer the player a way to decorate and build in creative form, which can be shared by other players who visit that shelter. Shelters also afford a way to display items to other players that you have found and which you value. You can even display Atomic Shop items, but why bother? Only the rarest items found in the game world are those worth displaying.
What is a Re-Roller?
Here we arrive at the heart of this article and why you’re here reading. It’s important to understand the above system in place to understand this next most recent introduction by Bethesda, the Re-Roller (aka Re-Roll). Some challenges have been a problem to complete by some players, but only because the player might not be far enough along in the game to actually complete that challenge. For example, they might not have access to a specific location that a challenge requires. The player also might not be high enough level to use the required weapon to complete the challenge. There are many challenges like these that Bethesda includes in the challenge board.
Because of complaints over uncompletable challenges, Bethesda has now introduced in Season 12 (the current season as of this article), the concept of a Re-Roller. What is a Re-Roller? It simply allows you to “spin” for and hopefully 🤞 get a new and completely different challenge. And here’s where the gambling arises and where Re-Rollers intentionally fail.
Before diving into all of that, let’s step back in time.
EA and Loot Boxes
Several years back around 2019, EA introduced for-pay loot boxes into several of its games, but most notably FIFA. These for pay random chance loot boxes, once opened, provided the player with a common, rare or legendary item, which could be used in the game. In the case of FIFA, the game’s loot boxes provided trading cards in various rarities.
Many authorities jumped in claiming these loot boxes had become a form of gambling. These authorities are not wrong. They are a form of gambling. You spend real money and then the game spins and awards you with a “win” or “lose” situation. Because of typical house odds of offering up the worst rewards most frequently, it encourages players to do it again and again in hopes of getting “something better” or at least not a duplicate. Yes, duplicates are possible and extremely common.
As a result of the backlash over loot box gambling and other games of chance, EA and several other game developers have since stripped loot boxes from their games.
Enter Bethesda and Re-Rollers…
Re-Roller Gambling
While Fallout 76 has included a relatively real appearing slot machine in the game for many months now, it doesn’t rely on real cash money to operate. The in-game slot machine uses “caps”, an easily obtained in-game currency. This currency has been in the game from the beginning. Today, caps are considered mostly worthless, other than for the purposes of finding player vendors who are selling relatively rare in-game items.
With this slot machine, there is effectively no way to lose. The cost to play is 10 caps. Spending 10 caps, you’ll always get something for your caps spent. For example, spinning this slot machine always awards +2 to Luck for a limited time, a very useful player perk for as long as it lasts. You can always renew this perk by spinning again. You get this perk no matter whether you get caps back or not. Most times, you’ll get back exactly the caps you spent to play, 10 caps. Sometimes you’ll get back 4 caps. Occasionally, you’ll get 20 caps or more. If you don’t win anything, the game still awards you a piece junk to scrap or sell… junk likely worth 5-10 caps at a vendor. In essence, you almost never lose any caps in this slot machine… and even then, the additional perk means you never lose. It is also impossible to spend real cash money to play this machine as caps cannot be purchased directly with USD.
Enter Re-Rollers
The name itself actually has connotations of spinning something, like a slot machine. Even the sound effects used when re-rolling are reminiscent of spinning a slot machine. How do Re-Rollers work?
Because some challenges may be uncompletable (for whatever reason), a Re-Roller allows the player to take a chance on a new replacement challenge in the hopes it will be better than what was there. In effect, the Re-Roller is tantamount to pulling the arm on a slot machine and waiting for the spinning to stop to see if you have “won”. If not, that encourages you to spin again. This encouragement is tantamount to and turns a Re-Roller into a form of gambling… triggering the same effects as any other game of gambling. While the game issues one free Re-Roller per day, additional Re-Rollers aren’t free, making this situation far, far worse.
Re-Rollers cost Atom to buy from the Atomic Shop. As has been established earlier, Atoms cost real USD. Thus, to buy Atom means paying real cash money to Bethesda for these Atoms. Thus, Re-Rollers cost the player real cash money to buy. This further means it’s possible to lose a large amount of real USD to gambling with these Re-Rollers. This is also the first time Bethesda has tied real cash money to an in-game random chance based gambling device in Fallout 76.
One could argue that Lunchboxes could be considered a form of gambling, but there’s really no gambling involved. You buy a lunchbox, you open it and you get a reward in game. There is no random chance involved. The only randomness is in the name of perk you get, not whether you’ll get one as each one is nearly equal to the others. More than this, you can buy Lunchboxes in the game world by earning in-game currency… something that can’t be done with Re-Rollers.
Re-Rollers can only be obtained by spending Atom in the atomic shop or by obtaining a very small number of them off of the Scoreboard (and even less off of the ever diminishing environmental challenges). Even then, the Scoreboard only offers 3 Re-Rollers from a single space with just a few spaces across the game board. Those 3 Re-Rollers are easily consumed in just a few minutes on ONE (1) Challenge. There is no other way to get Re-Rollers in Fallout 76 as of this writing.
Gambling Triggers and Addictions
The problem with random chance spin and win mechanisms is that they trigger the same exact gambling centers of the brain as any other form of gambling. Because real money is involved in obtaining Re-Rollers, this could cause real actual gambling problems for children targeted by this new Re-Roller mechanism. Unlike the slot machine above, which always wins you something, the Re-Roller has no guarantee you will get anything different from what you already have, which is perceived by the player as a loss. Yes, it IS entirely possible to get the same exact (or an even worse) challenge as a result of a Re-Roller. Sometimes it happens multiple times in a row.
Let’s consider that it costs 50 Atom to buy one Re-Roller. That means that an average player could spend as much as $1 for every 2 Re-Rollers purchased. Because a player might need use multiple Re-Rollers multiple times, it would be easy to spend $5 or $10 attempting to get new daily challenges… every single day. That money adds up in a week or a month or even a year.
As stated above, this unusual move is the first time Bethesda has tied real world fiat money into the purchase of a random chance game mechanic driven entirely by the need to gamble. While there’s no way to win cash money back out of this, using it always means loss of money AND its effect as a gambling device stands. Because the win is considered a “better” (subjective interpretation) challenge, the loss is real money spent on wasted / lost Re-Rollers. This loss of Re-Rollers has the real affect of triggering a gambling addiction.
As a result, the questionable inclusion of this game mechanic is easy to see children become addicted to this system so that they continue to Re-Roll without bounds, just to see what they get… all in an effort to make Bethesda more money! It’s not a simple matter that child wants to complete the challenges. It’s that the addiction causes the child to want to see “better” or “rarer” challenges. Addictive mechanics lead to addictive behaviors… and this Re-Roller feature has a real chance of being abused by someone caught up in gambling addictions. Worse, these games are targeted towards children and young adults who might not understand gambling addiction or the money problems which can result from them.
More than this, it’s surprising that Bethesda didn’t realize that these real world money tied Re-Rollers are actually a form of gambling and put the brakes on this feature before introduction.
Because Bethesda is now owned by Microsoft, that puts Microsoft on the hook for this gambling device. An enterprising lawyer may now see very deep pockets in Microsoft and choose to pursue a lawsuit over perpetrating gambling on minors. In fact, under the eyes of state laws, gambling targeted towards minors is illegal. Bethesda is playing with legal fire here.
Convoluted and Epic Challenges
One thing that has made this entire Re-Roller system far worse and even more addictive is the inclusion of even more complex and convoluted challenges. Most daily challenges included in past Seasons have required relatively simple quest objectives. Go kill a single creature. Fetch 5 purified water. Easy and relatively simple, but also useful items to player.
With this Season, Bethesda has abandoned these simplistic challenges for longer tailed, more complex and even more difficult challenges. Where it might have taken an hour to get through the daily challenge board, it might now take 3 hours because of these newer more complex and convoluted daily challenges.
Weekly challenges have always been long tailed. That means that they might take several days to complete. That’s the point in weekly challenges. Daily challenges have always given only 24 hours to complete these challenges before they reset for the next day. Moving the challenges from maybe 5-10 minutes per challenge to 15-20 minutes per challenge is an odd play, but not when you consider Re-Rollers.
A reasonably experienced player can instantly size up the amount of time a specific challenge might take. This re-enforces the need to Re-Roll long-tailed challenges in the hopes of “getting something better” …. thus, ensuring that players get addicted to this random chance Re-Roller system. Thus, the reason for inclusion of longer, obscure and more complex challenges ensure that players will buy into this gambling mechanism for a “chance” to get something better or faster or easier.
In reality, the challenges ahead of the one being Re-Rolled are equally as complex and equally convoluted, with the exception of a perhaps a tiny few which might be as easy or as useful as those given in prior seasons. A player ultimately has no idea what might pop up when a challenge is Re-Rolled. Thus, the illusion of “getting something better.”
However, it didn’t stop with complexity. Bethesda felt the need to include one more incentive to reinforce gambling behaviors: Epic Challenges. “Epic Challenges” offer higher Score and are, thus, rarer to see from a Re-Roller. Rarity is a concept that will cause players to want to gamble. Because Epic Challenges are considered a low chance “win”, players will be incentivized to consume Re-Rollers multiple times until they get an Epic challenge.
Therefore, this Epic Challenge system “rarity” encourages players to Re-Roll every challenge on the daily (and weekly) boards simply to get Epic Challenges. Doing so could cost the player $20, $50 or even $100 real cash money to achieve… being required to Re-Roll 6 challenges per day and up to 12-20 Weekly challenges. Expensive AND addictive.
Way Cheaper to Pay for Board Spaces
On the Scoreboard, Bethesda has included the ability to pay 150 Atom to advance one space. For example, if you’re at space 99 and you want to complete the board, you could simply pay 150 Atom and avoid the hassles of performing challenges to gain the required amount of score.
Let’s equate this with Re-Roller costs. The purchase of three (3) Re-Rollers costs 150 Atom, the same amount it costs to buy one board space. Consider that three Re-Rollers on daily challenges cannot provide you with any amount of score close to completing a board space by itself. The board space might complete if, for example, the score amount given for a challenge is 150 and that also happens to be the amount needed to advance to the next board space. That also meant you had completed many previous challenges to get the progress bar to the point of being almost completed.
To put this in perspective, for only 150 Atom, the gameboard will advance an entire board space (adding somewhere between 1000 and 3500 score) OR you can pay 150 Atom for three Re-Rollers in the hopes that you can replace one single daily challenge and receive maybe 100-200 score. In other words, paying for just three Re-Rollers at 50 * 3 = 150 Atom is between 10x-35x more expensive than simply paying that same 150 Atom to advance a full board space. Thus, there is zero value in paying for Re-Rollers when you can pay for board spaces. Bethesda understands this.
Gambling Targeted Towards Minors
There’s a reason why gambling establishments require people to be age 21 to play. First and foremost, it’s the law. More than this, children shouldn’t be gambling. Unfortunately, video games can’t age check before each use. There is no way to exclude a system like Re-Rollers from players under the age of 21. The only way to avoid such a situation is if such a gambling system is not included at all.
This is why so many game developers have since removed real cash money based random chance loot box systems from their games. It’s also questionable why Bethesda has now chosen to include one in Fallout 76. Bethesda has most definitely crossed a line here; a line that shouldn’t have been crossed.
Ultimately, this Re-Roller system is likely to be seen for what it is, a gambling system strongly encouraging children to gamble by the use of Bethesda’s “Epic” challenge strategy, strongly appealing to “rarity” and “miss out” child behaviors. Gambling systems should never be included in products used by or, more importantly, targeted towards minors… particularly gambling systems when tied to the use of real cash money.
Bethesda, if you’re reading, you might want to quickly retain legal counsel as this Re-Roller system is likely to blow up in your face once again. That, or you quickly need to consider its removal from Fallout 76.
Gambling Addictions / Get Help
If you’re a player who is susceptible to gambling addiction, you should not play nor fall prey to Bethesda’s gambling encouragement. Instead, please get help. It is strongly recommended to steer clear of all such gambling mechanisms included in video games; mechanisms which trigger gambling addictions and encourage you to spend real money on them.
If you’re a parent reading, you should limit your child’s play of Fallout 76. Better, stop their play altogether until Bethesda removes this gambling device and stops encouraging players to pay real cash money on random chance gambling devices.
No video game should ever make money off of the backs of children encouraged to ostensibly gamble with real money. Gambling should always remain in places like Las Vegas or Atlantic City, where people who physically travel there have made the conscious decision to gamble and are of legal age to do so.
Can this be corrected / Solutions?
[Updated Mar 18th, 2023] When this article began, this author wrestled with the idea of adding a solutions section and decided against it. The simplest solution seemed for Bethesda to remove the feature from the game entirely and be done with it. However, I’ve since decided to include this section, only because it may help out other developers considering adding “games of chance” to their game… particularly when those games of chance are tied to fiat currency and in games where children (aged 17 and below) already make up a very large portion of the player demographic.
When you’re building an adventure game like Fallout 76, where the primary objectives are to explore and experience combat situations, adding games of chance (like the Re-Roller) as ways of raising additional money is problematic and possibly illegal in some parts of the United States. Basically, a game developer should never raise money by targeting children with games of chance when tied to fiat currencies.
The big mistake Bethesda made here was to tie the purchase of a Re-Roller to fiat USD money. To rectify this situation, Bethesda would need to untie this entirely. Get rid of Re-Rollers purchased through the Atomic Shop and replace the purchase of Re-Rollers to vendors located in the game world using one of the many already established in-game currencies, such as Scrip, Gold Bullion, Stamps or Caps. These in-game currencies are earned, not purchased. For a gamer to obtain these currencies, it only requires time, not real cash money. In fact, there is no way to pay for these currencies with real cash money using any in-game mechanism by Bethesda. However, that doesn’t resolve the problem over the fact that Re-Rollers are a game of chance included in a game title targeted towards children.
Instead, Bethesda needs to reconsider the idea of swapping out one challenge for another entirely. For example, get rid of this “game of chance” mechanic entirely and replace it with a buyout option. Instead of being required to “roll and pray for something better”, the player can simply buy out the challenge by using in-game currency. Pay some amount of caps or scrip or stamps or bullion and the challenge is instantly completed. An in-replacement buyout option gets around the problem of gambling and games of chance entirely.
The other option is to simply include more challenges… more than are actually needed to complete the game board. If the player misses a few challenges, no big deal. Though, the buyout option is the best solution as it gives the player the option to complete all challenges if they so choose simply by playing longer and earning more in-game currency.
Should a buyout option be tied to actual fiat currency? Perhaps. One thing is certain with the buy-out option, it cannot in any way be considered a potentially illegal form of gambling targeted at children. Though, bilking children out of money for the purposes of such “buy-out” mechanics is still considered dubious at best. Including games of chance in similar fashion to a slot machine, on the other hand, is problematic all around when an excessively large demographic of players consists of ages 17 and below. The only way such games of chance mechanics should be included is if the developer has a way to absolutely 100% exclude 17 and younger from participating in these mechanics.
To date, I don’t know of any game developer that has found a way to do this reliably… or at all! The best way to handle the inclusion of “adult” gambling situations is simply not to include them. If you want to operate games of chance via fiat money gambling situations, then spend the money to construct and open a real casino in Las Vegas.
↩︎
Game Review: Ghost of Tsushima

This Sucker Punch studios created game feels like a sucker punch to Ubisoft as it is far too much like Assassin’s Creed for its own good. Let’s explore.
[Updated: 9/2/2020] After having rethought this entire article, I’ve come to a new conclusion about Sucker Punch studios. It seems highly likely that Sucker Punch is an empty-shell game development arm for Sony. What do I mean by empty-shell? Let me explain what I mean. There’s a lot that also supports this shell idea. Sucker Punch may actually be a sub-company that strictly comes up with game ideas and doesn’t actually implement them. Instead, Sony / Sucker Punch hires out third party development studios to produce a game for a fee (and under contract) based on Sucker Punch’s game concept.
In the case of Ghost of Tsushima, it appears that Sony / Sucker Punch may have hired out Ubisoft to produce Ghost of Tsushima using Ubisoft’s AnvilNext engine including Ubisoft’s development team. Sucker Punch likely wanted something very specific (i.e., all of the particle animation and Japanese environments) including the assassination concept. Who better than to hire Ubisoft for that project? Sucker Punch may employ a small team helping produce some limited assets for the game such as trees, some character models and so forth. The majority of the development work likely went to the third party team (e.g., Ubisoft).
What this likely means for Sucker Punch and Ghost of Tsushima is that Sucker Punch indirectly licensed Ubisoft’s AnvilNext for this game because Ubisoft actually produced this game for Sony / Sucker Punch under contract. As an aside, it’s odd to note that both Sucker Punch and Sony PlayStation begin with (SP). Anyway, why am I jumping to this conclusion so much later? There are excessively too many suspect mechanics included in this game that mimic Assassin’s Creed to be a mere coincidence.
That’s just the beginning of this conclusion jumping. There’s also the suspect lack of credits anywhere on the game. Any game studio putting in years of time and effort would want to reward their developers by giving credit where credit is due. Unfortunately, credits are not listed on Ghost of Tsushima… at all. Not anywhere is there a credits page within this game. If you had devoted years of your life to an entertainment / game project, wouldn’t you want credit? Wouldn’t you expect to see your name listed on the credits page? Yet, no credits appear anywhere on this game. The lack of due credit is the biggest suspect item thus leading me to the empty-shell studio conclusion.
One further telltale sign is that games by direct developers place all engines and technologies they use up front immediately after the developer’s logo splash page. Again, Ghost of Tsushima fails to give credit to the engine, physics systems and technologies used within the game… an extremely odd play for an “alleged” big name developer.
This situation could also easily explain Ubisoft’s extreme silence on the Assassin’s Creed front for the last two or three years. If Ubisoft were deep in development for Ghost of Tsushima for Sony, that team would have been unable to make significant progress on a new Ubisoft Assassin’s Creed title. Sure, there has been both Odyssey and Origins. Odyssey being the newest, was released in 2018 with nothing since. Even then, that game could have been produced at least year earlier… giving Ubisoft a minimum of 3 years development time on Ghost of Tsushima.
Since Ubisoft already has a workable existing engine in AnvilNext, it wouldn’t have taken much time to rework that engine to produce Ghost of Tsushima. However, for Sucker Punch to devise their own engine from scratch that’s even more capable than AnvilNext (and that renders almost identically to AnvilNext) in two or three years, that’s a bit of a stretch. Developing an engine as sophisticated as what’s seen in Ghost of Tsushima would take every bit of that 3 years and likely more. That doesn’t account for the time it would take to produce a functional game including character models, game mechanics, 3D assets (trees, villages, carts, etc), stories, motion capture, voice actors and all else to create a complete game. To produce a game like Ghost of Tsushima from nothing to completion would be at least 6-8 years.
While it is possible Sucker Punch could have created an engine that looks and acts like AnvilNext, considering that the last game released by Sucker Punch was INFamous Second Son, released in 2014, the idea of it doesn’t really work especially considering there are no credits. The engine used in INFamous Second Son doesn’t at all resemble what’s in Ghost of Tsushima. Sure, both offer decent lighting models, but the engines are completely different between these two games. The engine used in INFamous looks, feels and acts entirely different. There was some limited particle animation in INFamous, but nothing like what’s in Ghost of Tsushima. Even then, INFamous is just an overall different game that operates entirely differently.
Ghost of Tsushima looks, feels and acts like Assassin’s Creed. From the horse, to the assassinations, to the perks to pretty much everything in the game. Even the world lighting looks and feels like AnvilNext when the light falls on objects. Even the swirly wind motif iconography feels like Assassin’s Creed. The whole thing has a telltale sign that it was produced by the Assassin’s Creed developers.
Let’s get back to the credits, which seem to tattle on Sucker Punch (and the lack of technologies used). If credits were listed on this game with real people’s names, it would be easy to spot developers who work at Ubisoft. It would be even easier to know that this game was actually produced by Ubisoft. I’m guessing that both Sony and Sucker Punch decided against revealing this information thus definitively proving that SP hired Ubisoft to produce this title. In fact, if I had to make a guess, such a development agreement contract probably stipulated keeping Ubisoft’s name (and technologies) off of the game. To do that, no credits or technologies could be added to the game which would reveal Ubisoft’s involvement… hence, likely the reason the game doesn’t have credits of any kind.
With the above said, please read the rest of this article recognizing my previous mindset before I had come to the above conclusion. If the above ends up being true, then Ghost of Tsushima is technically an unofficial Assassin’s Creed installment.
Assassin’s Creed
Ubisoft originated the stealthy assassin take-down style game, but it seems that Sucker Punch is cool with both ripping off and carrying this concept forward in its latest game, Ghost of Tsushima.
By comparison, some of the most notable and identifiable mechanics in Ubisoft’s Assassin’s Creed include:
- Eavesdropping
- Hiding in weeds, hay piles or crowds of people
- Smoke Bombs (usually comes later as you unlock skills
- Healing, although this mechanic has changed several times in successive AC games
- Various button mashing combat mechanics including parrying, blocking, dodging and combos
- Parkour (climbing rocks and structures)
- Eagle Vision — allowing the protagonist to differentiate enemies from friendlies with an x-ray like vision
- Taking over Forts
- Horse riding and combat
- And… stealthy assassinations… basically how Assassin’s Creed got its name.
There are other features included such as the hidden blades, which also adds to the identity of Assassin’s Creed. However, there have also been AC games that lacked the hidden blade feature.
Why am I harping so much about Assassin’s Creed? It’s important to understand exactly how much Sucker Punch took from Assassin’s Creed to create Ghost of Tsushima.
Ghost of Tsushima
While no Assassin’s Creed game has yet visited feudal Japan, Sucker Punch decided it would be their turn to do so in Ghost of Tsushima. The game is set during the time of the Samurai, during the Mongol invasion of the island of Tsushima.
In that goal, the game sets up the protagonist, Jin Sakai. A little goofy, a little nerdy, a little naïve, Jin ends up becoming the lone Samurai who wanders the island helping out with various problems along the way while learning new skills, including stealthy assassination both from behind and from above. Learning these new skills, along with parkour, ultimately help him to defeat the Mongol leader holed up in Castle Kaneda.
Along the way, Jin learns how to become a ‘Ghost’ (Sucker Punch’s word for an assassin). He uses his newfound assassination techniques to stealthily take down everyone from archers to Mongols to whomever deserves it. Though, he is nearly just as adept at being a Samurai, heading into open combat nearly as easily.
Sounds similar to Assassin’s Creed? It is. In fact, it’s far too much like Assassin’s Creed for its own good. Even the landscape, terrain, stories, enemy archetypes, combat and situations feel like Assassin’s Creed, right down to a nearly identical Assassin’s Creed combat maneuver to break through an enemy’s shield and take down that enemy.
Stolen Ideas
Not only has Sucker Punch taken practically everything that was Assassin’s Creed and placed it into Ghost of Tsushima, it has done so with careless abandon. It’s as if Sucker Punch is flaunting this fact in Ubisoft’s face. “See what we made? It’s just like Assassin’s Creed, only better!”, I can hear someone at Sucker Punch saying.
Here’s the non-exhaustive list of how Ghost of Tsushima ripped off Assassin’s Creed:
- Eavesdropping
- Hiding in Pampas Grass and weeds
- Smoke Bombs
- Healing with ‘Resolve’
- Parrying, blocking, dodging and combos
- Parkour (climbing up rocks)
- Focused Hearing (looks like Eagle Vision)
- Forts and taking them down
- Horse riding and combat
- And, of course, stealthy assassination takedowns

Ghost of Tsushima even goes so far as to use a logo that looks like an A, just like Assassin’s Creed uses a different looking A for their franchise.
In fact, there are so many mechanics, behaviors and actions so similarly constructed to Assassin’s Creed (and in particular Origins, but really all of them), it makes me heavily wonder if Sucker Punch hired some of Ubisoft’s disenchanted Assassin’s Creed developers away and put them to work on this project. It’s all so suspect.
Legal Issues?
It’s one thing to hire a team to build a game that has slight similarities to another popular game title from another studio. It happens all of the time. However, it’s an entirely different issue to steal practically everything that made a single game, like Assassin’s Creed, unique and then put it all into a new game and call it your own without giving Ubisoft any credit.
Ubisoft’s Legal Team
If I were on Ubisoft’s legal team, I’d be looking at all options right about now. Considering that AnvilNext is a proprietary engine developed by Ubisoft and which is strictly for its own internal use… then seeing another engine looking, acting and performing similarly to AnvilNext, while driving a game that practically mimics Assassin’s Creed in nearly every way? Yeah… suspect.
Not only would I review that game with a fine tooth comb, I’d be looking through the credits roster to see who might have left Ubisoft and taken something with them. Talent moves around in every industry. It might be worth determining if any developers who worked on Assassin’s Creed made their way to Sucker Punch with a little something extra in hand.
Beautiful Rendering
There’s no denying that the landscape and terrain that has been built on Tsushima is outstanding, but no more outstanding than Assassin’s Creed Odyssey and Origins. Yes, the rendering of the environments doesn’t look at all much different from what’s seen in Assassin’s Creed Origins and Odyssey. Galleries below.
In fact, it looks so similar that I’d have to say that Sucker Punch may be using portions of Ubisoft’s AnvilNext engine. The look and feel of the graphics are far too similar in quality. It’s also possible Sucker Punch picked up another similar game engine. Unfortunately, even Wikipedia doesn’t yet state which game engine Ghost of Tsushima is built on. My money’s on AnvilNext, or rather a modified version of AnvilNext, Ubisoft’s proprietary engine.
Game Play
Sucker Punch’s Ghost of Tsushima plays pretty much like mashup of the best parts of Assassin’s Creed games. It utilizes the eye popping graphics seen in Odyssey and Origins, but then goes back to basics with the combat mechanics and healing. It does have various staples seen in every AC game, such as smoke bombs and hiding in weeds and it improves upon the smoke bomb by adding its new sticky bombs.
Combat
The combat mechanics are almost identical to various Assassin’s Creed games, but with one difference. Jin is easily killed with one or two hits. The enemies also have the ability to immediately stagger Jin leaving him unable to attack or move for at least a minute. This means that the rest of the enemies can simply move in for the kill and they do.
Even though Jin has decent Samurai moves, his armor leaves a lot to be desired… and that stagger mechanic is literally a game killer.
For whatever reason, games have been adding these longer and longer lasting stagger mechanics into their games, which leaves the player unable to do anything other than watch their character die. I’m not a fan of this in games, particularly when my weapons don’t equally stagger opponents in the same way. Giving the enemy an upper hand method to basically kill the player’s character instantly is never satisfying.
What you, as a player, end up doing is… entirely avoiding this situation by making sure you always have the upper hand. The problem is, this game doesn’t let you get that upper hand when in open combat. The enemies always surround you and the best you can do is dodge out of the circle.
Healing
Here’s another sore spot of this game. Ghost of Tsushima gives you the ability to heal (called Resolve), but once used, you must gain it back through specific combat moves. The problem is, you can kill enemies galore, yet never gain any resolve back. There are some times where you do get it back, but there are many times were you can defeat 10 or more enemies and still have no resolve recovered.
This ‘resolve‘ mechanic is actually an incredibly piss poor design. It definitely needed a whole lot more development time. In fact, I’d have preferred just having dead enemies drop health and let me pick it up without having to regenerate “resolve” through very specific means, which clearly doesn’t always work.
Photomode
To carry on from the Beautiful Rendering section above and because this game is just so damned photogenic, you’re inevitably going to want to take some pictures. While photomode does work, it has some important limitations, which may be resolved in later updates. Let’s go through them now:
- If the game is night time and you change the time of day to daytime, the sun comes up, but the night sky remains. It looks like a very brightly lit night moon sky rather than daytime. If you want daytime shots, you’ll need to wait until it’s actually daytime in the game.
- There’s no way to pose the character at all. Once photomode begins, the character is in whatever pose he was in when it began. The only thing you can change is the facial expression. Even then, the facial expressions are poorly crafted.
- Likewise, there’s no way to pose the horse.
- While there are various types of weather from foggy to rainy to clear, none of them really work as well as you might expect. When switching between these, like the night/day problem above, the difference is just not that noticeable.
- Yes, there are filters. No, they don’t look great. In fact, the filters are so piss poor in quality, there’s really no reason to use them. Though, vivid is probably the most useful of these crappy filters.
- Unfortunately, photomode entirely lacks a vignette mode.
- Depth of field is also here, but it also doesn’t fare well. While it does support foreground and background blurring, it just doesn’t look as good as it should. It’s just not configurable enough.
- There’s no way to improve contrast, only brightness.
There are a number of other photomode features, but they just don’t really work as well as they should. You can get some great shots out of the game, but mostly by happenstance and not by messing with the filters and settings. Here are some images I’ve captured while playing….
Image Gallery
Ghost of Tsushima
Compare the above to these similar in appearance images from both Assassin’s Creed Origins and Odyssey…
Weapons
As one would expect of a Samurai game, Ghost of Tsushima offers you your choice of blades including a dagger and a Samurai blade and more as you progress. You also get access to a Bow, bombs and various other weapons that you’ll get as you complete ‘Tales’.
Dyes and Plants
Picking certain plants and flowers gives you resources, such as wood and dyes, that you can trade at merchants to change or improve your clothing, armor or weapons. Remember back to Assassin’s Creed 2? Dye was a big thing in those early Assassin’s Creed games.
Skill Tree
There are basically two skill trees in this game. One is the Ghost (assassin) skill tree. The other is the Samurai skill tree. As you progress through the Tales (Quests), you are given skill points at the end, which you can use to unlock skills from any tree. As you progress more and more, you can unlock more and more skills. It’s a fairly bare bones basic skill tree setup.
Animus Missing
The one thing that Assassin’s Creed included that Ghost of Tsushima doesn’t is having an outer shell. What I mean is that Assassin’s Creed was predicated on Templars from the present using the Animus virtual technology to revisit the past to find specific relics. These relics would help them in the present day gain specific power.
Ghost of Tsushima refrained from using this wrappered shell system so as to avoid that similarity. Although, even though that’s not included in Ghost of Tsushima, the rest of the mechanics included more than make up for the lack of this one missing thing.
Tales
As with any open world system, there must be quests. In this game, they’re called Tales. When you participate in a tale, you help someone do something in return for their help. Sometimes they give you a bow or armor, but sometimes you’re recruiting them to help you later. In return for that help, they expect you to do something for them now. Most times, it involves combat.
Forts
As mentioned above, forts are common in Assassin’s Creed. You end up having to not only take down everyone in a fort, you must also take down its leader. Once you do this, you basically own this fort.
The same can be said of Ghost of Tsushima. Though, while at the end you don’t own the fort, you do get to loot it for whatever rewards you can find.
Overall
Ghost of Tsushima is pretty. Very, very pretty, particularly when the wind is blowing across the grass and trees. One only needs to look at the above images to see that. But, having a game rendering a pretty environment is only part of the battle.
The other part is producing compelling, innovative mechanics to drive this world. Unfortunately, Sucker Punch actually lives up to its name and practically sucker punches Ubisoft for its Assassin’s Creed franchise. Sucker Punch entirely took almost everything that was Assassin’s Creed and imported it almost intact into Ghost of Tsushima.
If you’re an Assassin’s Creed fan, you’ll probably like this game. However, it’s so similar and plays so similarly to Assassin’s Creed, you may also feel like you’ve played this game before… and you likely have.
Is it worth $60? That’s debatable. I’m not usually one to urge people to run out and buy copycat games. In the case of Deep Silver’s Saint’s Row 3 and 4, these were so satirical of Grand Theft Auto, they had their own quirky uniqueness. In this case, I would recommend Saint’s Row because while they had some similarities to GTA, they were uniquely different.
With Ghost of Tsushima, the only really unique thing about this game is it having been set in feudal Japan. Everything else pretty much feels like a clone of Assassin’s Creed, for better or worse.
Ratings
Graphics: 10 out of 10
Sound: 9 out of 10
Gameplay: 4 out of 10
Uniqueness: 1 out of 10
Stories: 7 out of 10
Voice Acting: 8 out of 10
Mouth Tracking: 2 out of 10
Replayability: 1 out of 10
Multiplayer Mode: none, single player campaign only
Overall: 4.5 out of 10 (Rent first. If you like it, then buy it.)
↩︎
Can I sell my video game?
The answer to this question depends on how the game was originally sold to you. Let’s explore.
United States and First-Sale Doctrine
The United States has a lesser understood, but very powerful doctrine known as the “First-sale Doctrine”. This doctrine defines important limitations and exclusions afforded to purchasers of copyrighted (and trademarked) materials. This doctrine is so important that without it, copyrighted and trademarked works couldn’t easily be sold and definitely couldn’t be resold. Basically, this doctrine allows (and is designed) to allow resale of copyrighted works without having to notify or turn over resale profits to the original creator. Via the ‘exhaustion rule’, the original creator ‘exhausts’ specific resale rights once he or she sells a copy of that work to someone else.
Originally, the First-sale Doctrine covered such physical media as books and records. At the time of the the creation of this doctrine, digital media wasn’t in existence. However, this doctrine has also come to apply to software delivered on physical media (such as CD-ROM, DVD-ROM, Hard Drive and even Flash ROMs). Software includes music, movies and, yes, even video games.
In short, this doctrine says that once a creator who holds all rights to a specific work sells a copy of that work, the creator relinquishes all further sales rights (among other rights) of that specific copy. For example, if an author writes a book and a copy of that book is printed and sold, the creator no longer holds any further sales rights to that physical copy of that physical book. If the new owner (purchaser) of that book chooses to sell it, burn it, chop it up into pieces or hold onto it, that’s entirely the purchaser’s right. The one right that is not given to the purchaser is the right to make new copies of it.
However, the new owner can sell their original copy of that book for any amount of money they wish and the original creator no longer has any claim over that sale as that was exhausted after the “First Sale”… hence, this doctrine’s name.
Physical Media Video Games
With video games delivered on physical media, like a CD, DVD or similar, in the US the First-sale Doctrine applies. The copyrighted work exists within a legitimate “First Sale” purchased media. This means that as the “First Sale” purchaser, you now enjoy resale rights given to you over that media. This means you can take that video game DVD back to Gamestop or any other used game seller and sell it back to them for any amount of money they choose to give you. You can also sell it to a friend or put it on eBay and sell it to anyone who wishes to buys it.
Owning a physical original “First Sale” copy of a video game gives you the right of resale.
Buying Used Games
Buying a used video game also affords you “First Sale” rights over that original media. Even though the used physical copy wasn’t sold to you by the content creator (does that ever happen anyway?), the “First-sale Doctrine” still applies to all purchases of original media. However, if the game is counterfeit or has violated copyrights to come to exist, these are unauthorized copies not protected by the “First-sale Doctrine”. Only authorized copies of works are protected by the First-sale Doctrine.
Digital Video Game Sales?
With digital video game sales, this is where things get tricky and where the waters get murky with regards to the First-sale Doctrine. Why? Because it’s a bit more tricky to determine the “original media”. With a DVD that was produced by a manufacturer authorized by the creator, the chain of change in ownership is clear.
When you download a copy of a video game to a hard drive, the chain of ownership remains unclear. In order to sell a single digital copy of a game, you’d have to make a copy to sell it. This new copy would infringe on the copyright holder’s “copy” rights. That means you would have to make an illegal and unauthorized copy to sell it. For this reason, you can’t sell a digitally downloaded copy easily. However, that doesn’t mean the game can’t be sold. It just can’t be sold in the way that you think.
With that said, you can sell your digital video game copies under a very specific circumstance. It will also not violate copyright laws and the sale will adhere to the First-sale Doctrine. Once you click the download button to download that digital copy, the game will be stored on your hard drive on your console or computer. So long as you do not move, copy or transfer that data to another media, that “First Sale” video game is stored on its original media. That means that the copy stored on your hard drive is the “First Sale” copy.
Why is the “First Sale” copy important? It’s important because this copy is the original (and only) copy you received from the purchase.
How Can I Sell a Digital Game?
How can you sell it? Well, that’s the tricky part. You can’t sell only that game. You can only sell the media it lives on. This means you’d need to sell the hard drive that that game lives on. Unfortunately, that’s not enough to authorize play of the game. That hard drive also resides in computer or console.
For PlayStation and Xbox and likely the Switch, there’s also a “license to play” which is part of, but separate from the game download. This “license” lives in a separate location and must be present for the game to play on that console. That “license” is also tied to your “Store” account with Xbox, PlayStation and Switch.
This means that to sell your digitally downloaded games (plural), you’d need to sell not only the hard drive, but the entire console AND your Xbox Live, PSN or Nintendo ID account to have the First-sale Doctrine apply. Basically, you’ll have sold everything needed to ensure the game will play. Of course, you’ll have sold your whole console and all other games along with it. Yeah, it’s kind of overkill, but it’s the only way to sell digital games and stay within the First-sale Doctrine.
With physical media, the license is the media itself. With digital media, the licenses are stored separately and become part of your network account. This means you have to sell the console, hard drive (and all games and content) and your network account. Selling a physical copy of a game is, then, much easier.
Copying Games
The Xbox and the PlayStation allow for copying games from one media to another. The difficulty with this process is that it likely invalidates the First-sale Doctrine. In order to copy a game from your internal media to an external drive, the system has to make a full and complete copy before deleting the original.
Once the system deletes the original, only the second copy remains. This second copy may violate (and invalidate) the First-sale Doctrine. No longer are you playing the original “First Sale” copy. Now, you are playing a copy of a copy that the PlayStation or the Xbox created. However, content creators using the Xbox or PlayStation stores may have to agree to authorize this copying process in advance. If the developer legal agreements require this, then any copied games may still be protected by the First-sale Doctrine.
What this all means, though, is if you sell your console with any games which have been moved from one drive to another, you may not be protected by the First-sale Doctrine.
This situation also exists if you delete your “First Sale” copy from the hard drive, then re-download the game from the store later. No longer are you technically playing the “First Sale” copy. This makes the “First-sale Doctrine” more difficult to apply to video game and harder to know if “First Sale” still applies. It gets even more complicated with…
Game Updates
Because video games require periodic updates to fix bugs and improve the game, this may also invalidate the “First Sale”. Even though the updated copy comes from the original creator, what you bought isn’t what you’re playing after an update. Unfortunately, these nuances to video games, copyrights and “First Sale” have not been challenged in a court. Only a court of law could rule on what applies and what doesn’t under such circumstances as game updates and when copying from one media to another using built-in system tools.
Selling your Console
To sell a specific digitally purchased video game, you’d have to sell not only your entire console unit, you’d have to sell your network ID account that authorizes play of those games. If you did this, you can legally sell these digital copies of your games under “First Sale”.
However, you’re not technically selling a game itself. You’re selling the console and everything that it contains, including all digital copies. To allow for those games to be played by the new buyer and to ensure the seller relinquishes all access to those “First Sale” copies to the buyer, you’d have to sell them your network ID. This means that you have transferred all “First Sale” rights of any games on the console to the buyer and you have entirely relinquished access to those games for yourself.
For you to play a game that was on that console again, you’d have to purchase it anew on a new console using a new network ID.
Game Saves
Saved games are not part of the original “First Sale” game download. These are created separately by the game as User Generated Content after playing the game. In theory, you should be able to make external copies of your saved games (as long as the console allows for this) and import these into any new console you purchase later. This way you could continue playing a game should you buy that game again in the future.
With that said, if a saved game contains any copyrighted content used within the game, copying your saved games might cause copyright issues for you. Though, it would be a separate copyright concern from the game itself. Your game saves are separate content from the game and were created as part of playing the game. With game saves, the player might even be able to argue some copyrights over saved games depending on exactly what is stored in the game save.
For example, if you’re using a music program and you create digital music, when you create a save from that application, you own that game save and you own any original music content you created as part of creating that digital music. The same concept applies to a video game. Because you were playing the game, a game save may contain unique things to your specific game play through. This means that that content is unique to you for that game. As a result, you may own portions of that created content… the portions that were unique to your game play.
However, if the game save contains copyrighted music files, image files or similar, you won’t be able to claim ownership over that content. You can only claim ownership over the content that’s unique to your play through (i.e., your character’s appearance, your character’s wielded weapons, your character’s clothing combination, your character’s stats). All of these character stats combine to create something unique to you… and you may be able to own the copyrights over that uniquely created content.
One thing is certain, save games are not considered as part of the “First Sale” of the game itself. Game saves are items created by the game after the game has been sold to you.
Overall
Can you sell your video game? Yes, under specific circumstances described above. Purchasing physical media of a game is by far the easiest way to resell your game without any problems. Physical copies of video games are completely protected by the First-sale Doctrine.
Unfortunately, selling an individual digital download copy of a video game you purchased through an online game store and downloaded directly to your console (or PC) isn’t possible. While you can’t sell an individual game, you can sell the entire console (or PC), its hard drive(s) and all account(s) associated with the games and that sale will fall under the First-sale Doctrine. Unfortunately, that means you lose access to your entire video game system and any game library you had amassed while you owned the system. No, it’s not in any way optimal, but this is the only one afforded to digital goods consumers under the current U.S. copyright laws.
If you wish to be able to sell individual video games easily after you’re done playing, you’ll need to stick with purchasing physical media boxed copies from a store.
Disclaimer: This answer is written for United States residents. If you’re reading this in another country, you should consult with your country’s own copyright laws for details regarding video game resale rights.
↩︎
Crafting Medicines in Fallout 76
If you’re interested in crafting medicines within Fallout 76, this guide should hopefully help get the most out of your crafting. Let’s explore.
Crafting Perks
If you’re interested in crafting anything in Fallout 76, it’s worthwhile to consider all of the perks you’re going to need to get the most out of your ingredients. For crafting medicines and chems, you’ll want to invest in the following perks:
- Green Thumb — Doubles what you pick from plants. (Perception)
- Super Duper — A chance to double what you craft. (Luck)
- Chemist — Doubles all items crafted on a chemistry table. (Intelligence)
- Aquaboy/Aquagirl — Lets you walk in water without taking radiation damage (Endurance)
- Butcher’s Bounty — When crafting items that require meat, you’ll also want to invest in this card to get more meat from your kills. (Perception)
- Good With Salt — While this one is not strictly that necessary, it’s a great option for carting around ingredients for longer periods without spoiling. (Luck)
- Sunkissed — Removes radiation damage from 6AM to 6PM in-game time. (Endurance)
Green Thumb, Aquaboy/Aquagirl and Chemist are 1 star cards. However, Super Duper and Butcher’s Bounty are 3 star cards and increases your chances with each star. Super Duper offers a chance to double your creations with all crafting station types with the exception of the Brewing Station (at the moment) and when bulking items. You’ll want to max out Super Duper to get the most out of your crafting.
Good With Salt is also a 3 star card and it is well worth ranking this card up to the max if you intend to carry around foods and drinks that spoil. This card is great for keeping ingredients from spoiling before you get back to a chemistry station to craft.
Crafting Medicines
The two most important items in the game to keeping your character alive and healthy are Radaway and Stimpaks. The Recipe for Stimpaks can be found at the Enclave bunker MODUS medical wing seller. You’ll need to join and get access to the Enclave bunker to obtain this recipe. Unfortunately, the recipe for Radaway isn’t quite so easy to obtain. You’ll need to play various events and you may eventually be awarded this recipe at concluding the event. The Radaway recipe will most probably require a wee bit of grinding.
Another recipe that you find early on in the game is Healing Salve. This recipe is about half of the strength of a Stimpak and is a great option if you can’t get the Stimpak recipe. This is also easy to craft from readily available ingredients.
Because Bethesda’s Fallout 76 is a dynamic changing online game experience, patches and server updates can change the amounts and types of ingredients required for recipes. This means the recipes listed below are correct at the time of this article. However, Bethesda could change the requirements at any time. Always check at the crafting table to be sure you are collecting the correct ingredients for any specific recipe.
Recipes
For Stimpaks, you’ll need the following:
- 2 Antiseptic
- 1 Bloodpack
- 1 Steel
To make a Bloodpack, you’ll need:
- 1 Antiseptic
- 2 Tick Blood (use Butcher’s Bounty)
For Radaway, you’ll need:
- 2 Antiseptic
- 3 Glowing Fungus (use Green Thumb)
- 1 Plastic
- 1 Purified Water
For Healing Salve (Forest), you’ll need:
- 1 Bloodleaf (Green Thumb)
- 1 Boiled Water
- 1 Soot Flower (Green Thumb)
For Disease Cure (Forest), you’ll need:
- 1 Bloodleaf
- 1 Boiled Water
- 1 Firecap (Green Thumb)
- 1 Snaptail Reed (Green Thumb)
To make Sugar, you’ll need
- 2 Snaptail Reed
- 1 Wood
While Sugar isn’t used in healing recipes, it’s great for foods, particularly Sweet Rolls and Lemonade. You’ll probably have some Snaptail Reed left over after crafting, which is why the Sugar recipe is listed.
Locations for Ingredients
To make all of these ingredients using forest recipes, you can find what you need starting at slightly north on the hill of Gauley Mine down to the red railroad bridge, then walking the creek all the way down the just past Vault-Tec Agricultural center in Flatwood. Near Gauley Mine, you’ll find Firecaps on logs. At the bridge across the creek across from the Overseer’s camp, the Firecaps stop and this begins the area with Bloodleaf, Snaptail Reed and Glowing Fungus. Between Gauley Mine and the Bridge, you’ll find Firecaps (not far from the water) and Snaptail Reed.
The forested regions will also contain Starlight Creeper, Firecracker Berry, Soot Flower and Wood.
There are other recipes you can find for other regions like Toxic Valley, The Mire, The Cranberry Bog and so on. However, because of the relative closeness to the Vault 76 fast travel point, it’s easiest to focus on the Forest recipes as these are the ones you are likely to come across first… and they also have the easiest locations to reach and easiest ingredients to obtain.
Sources for Antiseptic
In some of these recipes, you may need antiseptic. This can be had easily by killing ticks and picking up their Blood Sacs. Unfortunately, you can only use Butcher’s Bounty on ticks for Tick Blood, not their Blood Sacs. If they don’t drop a sac, you’ll need to locate and kill a different tick.
Two good spots for killing about 6-8 ticks is Moonshiner’s Shack just below Vault 76 and Gilman Lumber Mill immediately south of Moonshiner’s Shack. These are great for harvesting when you’ll need to produce Stimpaks. You can sometimes find ticks in the wooded area of Camden Park near the Railroad.
Abraxo Cleaner is also another source of Antiseptic. You can usually find boxes of this sitting around kitchens and other facilities. Toothpaste and Turpentine are other sources.
Why Perk Cards?
With Green Thumb, Chemist and Super Duper, you can effectively double what you get at each step. Green Thumb doubles what you pick. Chemist Doubles what you make. Super Duper doubles that. You can easily end up with half to double more than what you expect. It’s well worth using these cards if you need larger quantities of Stimpaks or Radaway. With these cards, you can make hundreds easily… instead of relying on finding 1, 2 or 3 in a container.
Tips Before Crafting
-
- Always remember to place your perk cards on before crafting.
- You don’t need these cards to be on all of the time, only when crafting.
- Don’t waste card slots with these cards if you are not crafting.
- Remember your Green Thumb card when picking flora. This will always double what you pick.
Remember your Aquaboy/girl card when wading through water looking for ingredients. Collect considering multiple recipes at a time. For example, when collecting for Disease Cure, you only need to pick Soot Flower to make Healing Salve after you’ve run out of Firecaps for Disease Cures. Don’t take off Good With Salt (if you need the card space) until just right before you begin to craft. After you’re done crafting, immediately put Good With Salt back on. You can make teas, sugar and other foodstuffs from the remaining unused ingredients.
It’s easy to forget your perk card setup when crafting… so, always check before picking flowers or flora or before crafting. It would be great if we had some kind of quick view reminder of our perk cards through a hot key, but no such luck in this game. You’ll just have to stop whatever it is you’re doing and go look and rearrange before you pick or craft.
Happy Crafting!
↩︎
Rant Time: PlayStation Store Return Policy

Looking for that elusive PlayStation Store return policy? A lot of people have been asking, “Where and what is the PlayStation store’s return policy?” Let’s explore.
PlayStation Store Digital Goods vs Retailers
When you buy digital goods from an online store, you expect a similar return policy to what you find in a standard retail store. Retailers today mostly offer 15-30 days to return your purchase for a full refund. However, there are rules to boxed content such as video games and Blu-ray or DVD movies. If you crack open the shrink wrap, you own it. Once you crack that shrink wrap, you can only exchange the item for another like item. If the entertainment item remains wrapped (i.e., movie or video game), you can return it for a full refund so long as it’s still within the stated return window. Other physical items have usual refund windows of usually no less than 14 days and usually no more than 90 days. Still, these are reasonable return windows.
For digital goods, there is no such concept as a shrink wrap or even a plastic box. For these sales, you’re limited to whatever return policies the store offers. For Apple and Amazon, if you mistakenly make a digital purchase, they’ll happily refund you so long as you do so right away. For Sony’s PlayStation store, the waters here are much more murky.
Where is the PlayStation store refund policy?
That’s a really good question and, unfortunately, there’s not a good answer that covers the entire world. Sony has intentionally fractured the PlayStation store rules into world territories. This means that there is not a single return policy that covers the globe. Instead, return policies are by region.
In the US, Sony doesn’t actually publish an actual Return Policy. Instead, they rely on their “Terms of Service” agreement to cover their for their returns on digital good purchases.
Return Policy
I’m going to rant just a little bit on this topic before getting to the meat where to find the information you’re looking for. A Return Policy is just that. It’s a clear, concise, non-technical, non-legal statement that explains exactly what a store provides for after a sale. For example, Target’s return policy states:
Most unopened items sold by Target in new condition and returned within 90 days will receive a refund or exchange. Some items sold by Target have a modified return policy noted on the receipt, packing slip, Target policy board (refund exceptions), Target.com or in the item department. Items that are opened or damaged or do not have a receipt may be denied a refund or exchange.
Then, Target breaks this statement down into types of items and their specific return policy details such as…
Returns and exchanges without a receipt may be limited. Other restrictions may apply.
- If you’re not satisfied with any Target Owned Brand item, return it within one year with a receipt for an exchange or a refund.
- Target REDcard℠ debit and credit card holders will receive an extra 30 days to return nearly all items purchased with their REDcard at Target and Target.com. See Target.com/REDcard for full details and exclusions.
- All electronics and entertainment items must be returned within 30 days for a refund or exchange. For these items purchased between 11/1 – 12/25, the 30-day refund period will start on 12/26.
- All mobile phones must be returned or exchanged within 14 days. All items purchased with a carrier contract at a Target store must be returned or exchanged within 14 days and may be subject to early termination fees per carrier contract. Contract items and carrier plans must be sold and returned by a Target Tech Rep.
- All Apple® products, excluding mobile phones, must be returned within 15 days. For these items purchased between 11/1-12/25, the 15-day refund period will start on 12/26.
- … more
And so on… This is a short example of a Return Policy, this is not Target’s complete return policy. Please click the link if you’re really interested in reading that.
Anyway, this is to show exactly how a Return Policy should be written. It is written in clear, concise, everyday language. It is not written in legalese jargon that requires interpretation. Let’s compare this to what Sony considers a return policy for its digital goods.
Sony’s Return Policy which isn’t
The difficulty with Sony is that Sony US chooses not to create an actual store return policy and instead chooses to rely on its “Terms of Service” to cover for the lack of an actual return policy. When you ask someone on the chat service to give you a link to the PlayStation store’s U.S. return policy, they give you the following link.
Here’s the link to Sony’s “Terms of Service” agreement:
As you can see from this link, it is a legal document labeled “Terms of Service”. This is a legal agreement, not a Return Policy. Buried within this Terms of Service legal agreement, there is a section labeled Wallet. Here is where the return options are listed, but in fact, they aren’t really listed at all. Under the section Wallet, begins the information about purchases, which is about as clear a mud. But, let’s examine this mess they call a policy.
WALLET
Your Account has an associated wallet, and all purchases made on PSN Services, including purchases funded from an outside payment source (e.g., a credit card or PayPal account) at the time of the purchase, are made through the wallet. Your children’s Accounts that are associated with your Account do not have a separate wallet, and all purchases made by them will be made through your wallet. Wallet funds have no value outside PSN and can only be used to make purchases through PSN Services and certain Third Party Services. You can only hold a certain maximum amount of funds in your wallet as determined by us (“Limit”), using either (i) a credit or debit card; (ii) a prepaid card or promotional code with a specified value where available; or (iii) other payment methods approved by us and made available from time to time in each specific country. FUNDS ADDED TO THE WALLET ARE NON-REFUNDABLE AND NON-TRANSFERABLE EXCEPT WHERE THE LAW REQUIRES THAT WE TAKE THOSE ACTIONS. WE HAVE NO OBLIGATION TO REVERSE OR REFUND UNAUTHORIZED CHARGES MADE USING ANY PAYMENT METHOD TO FUND THE WALLET. WALLET FUNDS THAT ARE DEEMED ABANDONED OR UNUSED BY LAW WILL NOT BE RETURNED OR RESTORED.
blah blah blah… a bunch of legalese jargon that no one wants to read. But wait, there’s more to read….
TRANSACTIONS All transactions made through your Account or an associated Account of your child are solely between you and SIE LLC. By completing a transaction through your Account or allowing a transaction to take place through an associated Account of your child, you are (i) agreeing to pay for all transactions made by you or your children, , including recurring charges for subscriptions that are not cancelled; (ii) authorizing SIE LLC to deduct from the wallet and charge your credit card or other applicable payment instrument or payment mechanism all fees due and payable for all your transactions; and (iii) agreeing to any applicable Usage Terms and terms associated with use of the particular PSN Service. All transactions are final upon their completion and may be deemed to be governed by law and regulatory requirements applicable at the time the transaction was completed. PAYMENTS FOR ACCESS TO CONTENT OR SERVICES ARE NOT REFUNDABLE EXCEPT WHERE THE LAW REQUIRES THAT THEY ARE REFUNDABLE.
Pre-orders and Bundles. You may have the option to order a license for certain content in the form of bundles (such as seasons of television series) or a pre-order. We reserve the right to deduct funds from your wallet for any pre-order or bundle order at the time you order the content, but some or all of the content may not be available until it is released for license via the PSN Services.UNLESS OTHERWISE REQUIRED BY LAW, YOU MAY NOT CANCEL OR OBTAIN A REFUND FOR A PRE-ORDER OR AN ORDER FOR A CONTENT BUNDLE ONCE YOU PLACE YOUR ORDER, AND PRE-ORDERED CONTENT OR CONTENT INCLUDED IN A BUNDLE MAY BE CHANGED WITHOUT NOTICE.
Aha… here’s the meat of it!
Notice the ‘UNLESS OTHERWISE REQUIRED BY LAW’ provision. This is Sony’s legalese for telling you that they are leaving their return policy requirements in the hands of U.S. federal, state and local laws (if applicable). This means, it is your responsibility to understand and determine exactly what the laws govern returns in your jurisdiction. This is convoluted statement because most people aren’t knowledgeable or familiar with the laws that govern such returns in their jurisdiction. I have to assume Sony’s lawyers naively thought that no local jurisdictions legally covered this part of their “Terms of Service”.
Before I jump into what this statement means to you if you live in the U.S., let’s rant about why this is NOT a return policy. This document is a “Terms of Service” agreement. It is a legal document that governs your use of services. While it might cover some of what a return policy does, it in no way considered a comprehensive return policy. Compare this document to Target’s clearly written, concise, plain language readable policy above which clearly lays out classes of items and their respective return periods in explicit detail. A return policy is supposed to be written in plain language that anyone can understand. Sony’s “Terms of Service” document is anything but clear, concise and plainly readable. Sony’s document is designed to be read and interpreted by a lawyer, not a layman. Meaning, it is on you, the buyer, to understand all laws where you live.
Federal and State Laws
Before I begin here, I will state that I am not a lawyer and nothing in this article is intended to be construed as legal advice. If you have questions about laws in your jurisdiction, you should contact a lawyer where you live.
With that out of the way, because Sony has chosen to leave returns up to the laws in the buyer’s jurisdiction, thankfully it appears the US federal government has such a law that governs returns in these cases.
This federal rule that at first glance may be applicable to PlayStation store purchases seems to be the 3 day Cool-Down law. This is a contract law that states that you have the right to return anything within 3 days and receive your money back as long as you cancel the contract before midnight on the third day. However, it seems that this FTC rule doesn’t cover online sales, although in my opinion it should cover it. Regardless, it doesn’t mean you can’t make a complaint to the FTC regarding Sony’s refund policies.
State laws are a different matter. Because there are effectively 51 states (I’m including Puerto Rico as a state even though they haven’t yet gone through the statehood process), there are too many states to list each one’s return laws in this article. I will point you to this Findlaw article which has very concise information on the state by state laws regarding refunds and returns.
FTC Complaints and Consumer Protection
The primary methods that you have as a consumer for refund redress is 1) asking the company for a refund, 2) using the 3 day Cool-Down rule when applicable and 3) disputing the charge with your credit card company. Sony has control over all 3 of these. Because Sony has complete control over refunds, they can always deny them. Because the PlayStation’s stores sales are online, the 3 Day rule doesn’t apply. And finally, because a chargeback will lead Sony to terminate your PSN account in retaliation, you can’t perform chargebacks without losing all of your purchased content.
This is an unfair situation for the consumer. All of the possible consumer avenues to get a refund cannot be used against Sony. Sure, you can dispute with your credit card company if you’re willing to lose your PSN account. Most gamers are not willing to lose all of their digital content they’ve purchased over a single refund. This is really a scam that Sony has going here. Thankfully, state laws may apply.
California
I will cover California here simply because I have enough knowledge after reading California’s specific law regarding this issue. Keep in mind that all laws are open to interpretation such that a judge can interpret the subtleties and applicability of those laws to any circumstances and in any way that he or she deems appropriate. That means my interpretation isn’t necessarily the interpretation a court of law might rule for a given case. However, Sony does have a presence in California which strengthens California’s laws against Sony.
It seems that while physical presence retailers are bound by California law to post and maintain a comprehensive Return Policy within their place of business, this law appears to have not been updated to explicitly cover businesses performing online sales and which also have a presence in California. This means that online retailers may or may not have a loophole with regards to posting and maintaining a Return Policy. Though, if the law requires physical businesses to post a Return Policy, I don’t see any reason why it wouldn’t apply to online storefronts who also have a presence in California.
According to Findlaw, California law states that:
Retailers are required to clearly post their refund policy unless they offer a full cash refund, exchange, or store credit within seven days of the purchase date. Retailers failing this requirement are required to accept full refunds within 30 days of purchase.
Assuming that the word “Retailers” applies to online sellers who have a presence in California, this law may extend your refund rights to 30 days as Sony clearly doesn’t post an actual refund policy anywhere visible on either their storefront or on their main web site. If “Retailers” only applies to stores with a physical presence and this law does not apply to online retailers, then this provision wouldn’t apply. California seems a little behind on explicitly stating its laws also apply to online sellers doing business in California. This means that assuming California’s law applies to PlayStation store sales, it does so implicitly through interpretation of the law.
For this reason, you would have to talk to a lawyer and ask them to interpret California’s law and whether or not it applies to Sony’s online storefront. Personally, I’d interpret that this provision applies, but I am not a lawyer. I’d certainly argue that the law does apply when arguing for a refund with Sony when you also live in California. I also happen to know that Sony has a business presence within California in San Mateo which makes a difference when dealing with legal matters of business in California. If your state doesn’t have a Sony business presence, any laws governing “retailers” might not apply to Sony.
Not all states have consumer refund policy laws such as those in California. You’ll need to review that Findlaw article and look for your state to determine if such a law applies that might extend your refund rights.
Sony’s Cancellation Policy
You might be saying, “I just Googled and found this Cancellation Policy on Sony’s web site”. Remember when I said the return policies for Sony are fractured around the world? Well, here’s the example of this. While this web published Cancellation Policy is visible to the world (including U.S. residents), apparently it only applies the UK (even though it makes no mention of this in the article body itself).
Simply reviewing Sony’s Cancellation Policy, it states a refund policy of 14 days so long as the digital item has not been downloaded or streamed. It’s a reasonable policy if they enforced it in the U.S. However, they apparently do not offer this policy to U.S. buyers. Instead, if you talk to someone on Sony’s U.S. PlayStation Store chat service, they will point you to the above “Terms of Service” document for their return provisions. The U.S. PlayStation store reps claim the Cancellation Policy does not apply to U.S. store purchases.
By making this claim, it does two things, 1) it says Sony does not publish a comprehensive return policy anywhere on its web sites for U.S. buyers and 2) it states definitively that the published Cancellation Policy does not apply to U.S. buyers. This means that the “Terms of Service” provisions rule. This also means that if you live in a state with a law that states that failing to establish a visible return policy in a store front results in a 15-30 day return period. That also means Sony is obligated to uphold the legal requirements of that state. This is why the “UNLESS OTHERWISE REQUIRED BY LAW” statement is important to understand your return period for Sony PlayStation store digital goods.
This “Terms of Service” document squarely puts the burden on you the buyer to understand the laws in your jurisdiction governing Return Policies. Assuming your state extends your rights, you might have 15-30 days to return the item unopened.
Unopened Digital Items?
It’s best to follow the “Unopened” rule when asking for a refund of a digital item. What does “Unopened” mean on digital goods? It means you haven’t downloaded or streamed the product. Effectively, it is the same definition that’s in Sony’s UK-only Cancellation Policy. If you have downloaded or streamed the item, then the federal and state laws likely may not apply to the refund. To be safe and avoid arguments with Sony, stick to the unopened rule when attempting refunds. Pre-orders would automatically be considered unopened while still a pre-order.
Disputing Charges with your Card Issuer
Assuming you’ve bought your purchase directly with a credit card and not with wallet credit you bought via a gift card, you can always dispute this transaction with your card issuer. However, Sony has a provision in their “Terms of Service” for this:
Fees and Other Charges. We reserve the right to deduct from the wallet all bank fees related to any transactions or failed transactions (e.g, chargebacks from your bank or credit card provider) initiated by you or your children, including domestic and international transaction fees. We reserve the right to terminate your Account and any associated Accounts of your children for failure to complete transaction payments. In lieu of termination of your Account, we may elect to provide a mechanism by which you fund the wallet associated with your Account to prevent your Account (and any associated Accounts of your children) from being terminated.
What this says is Sony reserves the right to terminate your account over service fees or chargebacks. If you dispute a charge with your card issuer and your bank accepts your dispute, they will force a chargeback to Sony. This means Sony will likely retaliate against that chargeback and close your PlayStation Network account. If Sony does this, you will lose any wallet credit and any purchases that were linked to your account. If you had any significant amount of digital goods purchased, they’ll be gone. Weigh carefully the decision to dispute a charge through your bank. If you buy through PayPal, you do have PayPal’s buyer’s protection, but Sony may still retaliate against your PSN account if you dispute a charge via PayPal.
If you do choose to try a dispute, I’d suggest unlinking the card from your PSN account before you begin the dispute process with your bank. This may prevent Sony from easily tying the card back to your PSN account.
Buying Digital Goods
When you buy digital goods from stores like Apple, Amazon, Google, Microsoft and Sony, you need to carefully read and understand their rules. You’ll also need to understand the laws that govern where you live. Most digital sellers are reasonable for mistake purchases. However, Sony appears to be ruthless in not wanting to issue refunds at this point. In addition, they have the power to hold your PSN account hostage against your only means of consumer protection via credit card dispute. I’d complain to the FTC on this one alone. This is an entirely unethical business practice.
My point here is that you shouldn’t ever buy any digital goods from Sony. At least, not until they come to their senses and offer a reasonable return policy and publicly publish it on their PlayStation Store web site in a visible location.
If you get caught in a situation where you bought something you didn’t intend, try your best to get a refund. There are no guarantees Sony will honor any federal or state laws. If they choose to ignore these laws, report them to the FTC and to your state Attorney General’s office. If you don’t care if they close your PSN account, then by all means contact your credit card issuer and request a dispute against that charge. Good Luck.
Sony’s Corporate Legal Compliance and Responsibility
The “UNLESS OTHERWISE REQUIRED BY LAW” provision should be Sony’s legal responsibility. Legal compliance and maintaining compliance with all laws has always been and should remain a corporate burden. Since Sony has taken it upon themselves to state “UNLESS OTHERWISE REQUIRED BY LAW”, Sony should be required to keep a list of all laws in all jurisdictions and uphold those laws with regards to digital returns on PlayStation store purchases.
This means that when you call or chat into a Sony representative asking for a return, it should be the representative’s responsibility to ask you the city and state where you live, then pull up a reference document containing the laws for that jurisdiction. Then, determine if those local return window laws apply to your return before outright denying the return.
It should not be the buyer’s burden to inform the representative of local laws that apply in that jurisdiction. By forcing the buyer to inform the representative of applicable laws, it then forces the representative to make a decision regarding that return. If Sony has told their representatives to reject all such arguments as invalid, then Sony is in willful in violation of some state and federal laws. It also means that the burden of upholding laws has been left in the hands of phone or chat reps.
Sony, do you really want some of your lowest paid staff making corporate legal decisions for Sony and potentially putting Sony at legal risk?
As most corporations today are trying their best to mitigate legal risk, Sony seems to be willfully instigating legal risk at their own peril. Get with the program Sony and write a real Return Policy and post it on the checkout screen. It’s not hard! Otherwise, you need to take on the legal responsibility of informing your reps of which jurisdictions have laws that apply to digital returns.
To PlayStation Store Employees
If you work for the PlayStation Store as a chat or phone rep, you need to understand your own personal legal risks. Because you are being made to decide the fate of a return based on “UNLESS OTHERWISE REQUIRED BY LAW”, you could face personal legal penalties because Sony has placed you into this legally risky position. I’m pretty sure you didn’t sign any legal indemnity clauses when you hired onto the PlayStation Store. As an employee, it is not your responsibility to decide legal matters over the phone or via chat. If you make the wrong decision and that decision is illegal, you can be held personally liable for breaking that law in addition to Sony. Do you really need legal fines and jail time?
As a representative for Sony, you need to take this article to your management team and explain to them that you no longer wish to be legally responsible for Sony’s actions. Explain that you don’t want to be fined or jailed for making the wrong decision on the phone. That’s not part of your job. Your job is to answer the phone and perform returns. But, it is not your job to take on personal legal responsibility for Sony.
As a representative, you need to insist on corporate legal compliance. This means that you need to insist that it is Sony’s responsibility to provide you with all necessary legal information to ensure you always comply with federal, state and local laws for each and every return. Sony hires lawyers. Sony can get their lawyers to provide you with this legal compliance information. After all, those lawyers are getting paid a whole lot more than you as a representative. Let’s make those lawyers do some real work for a change. Better, ask your management team to publish an actual Return Policy on the checkout page of the PlayStation store, which fully describes return windows and avoids this entire legal problem.
I welcome comments regarding your personal experiences with Sony’s PlayStation U.S. store return policies. I’m also always interested in hearing any tricks you may have used that helped you get a refund.
↩︎
Gaming Innovation: The Dark Age of Gaming?
I’m a relatively hard core gamer. I’ve played video games for ages and have owned nearly every console ever made. I say nearly every console, but there are some I’ve chosen not to own. Specifically, the Vectrex, the Neo Geo and the Atari Jaguar, just to name a few. Basically, lesser consoles that really didn’t go anywhere. I digress.
Necessity is the mother of invention
Entertainment is a huge business. With music, movies, books and theater, it was inevitable that when electronic technology was invented, someone would find a way to use it for entertainment value. Enter Nolan Bushnell who created the first commercially sold arcade video game. Albeit, not the first coin operated video game. Needless to say, after that the race was on. Magnavox was the first to the home market with their Magnavox Odyssey console without sound and which included a game similar to the later Atari Pong.
These early video games sparked a revolution in home electronic entertainment that leads us up to video games we play today. From the widescreen hardcore franchises such as Call of Duty, Halo, Assassin’s Creed, Grand Theft Auto, Zelda and Need for Speed to the massively online multiplayer systems of World of Warcraft to the small screen games like Farmville and Angry Birds. We have tons of options for entertaining ourselves with video games. All of these games are massive leaps ahead of Pong, Space Invaders, Defender and Battle Zone of years long past.
Waxing Nostalgic
I look fondly on these past video games for a lot of reasons. They were inventive and different. The developers were always trying to find a new way to bring their idea to that small 4:3 arcade screen. And ‘wow’ us they did with such inventive titles as Gauntlet, Paperboy, Battle Zone, Marble Madness, Joust, Sinistar, Dig Dug and even Donkey Kong. Simplistic games, yes, but challenging, unique and different. These were games that really defied categorization other than being ‘level based’, but just about every game today has levels. These spurred our imagination and let us meld into that video game world for a short time and then move to another one with a completely different concept. To take our minds off of whatever it was we were doing. Yes, these were all arcade games, but they were inventive, unique and different. In fact, during the arcade heyday, it was rare to find games copying each other.
Lack of Inventiveness
Gone are those unique inventive days where you could walk into an arcade and find something new, original and unique to play. Today, it’s all about the almighty buck. Well, 60 of them actually. It’s less about producing something inventive and more about producing something developers think kids will buy. Developers have lost their inventive edge.
Today, games are categorized into genres:
- First Person Shooter (FPS)
- Third Person Shooter (TPS)
- Rail Shooter
- Sports: Hockey, Football, Basketball, Snowboarding, Skateboarding, Surfing, Hunting/Fishing
- Online Multiplayer (MMO)
- Campaign based
- Button Masher (aka Fighting)
- Real Time Simulation (RTS)
- Music
- 2D side scroller
- Role Playing
- Open World (the most rare type of games)
- Simulation
- …
There are rarely any games today that break or even attempt to break these molds. Occasionally, something comes along that tries to think different like Naughty Bear, Traxxpad or Rez. Or, games that try to combine genres like Grand Theft Auto (mission based with free roaming) in a unique way. But, these games are so few that you might not even see one per year.
Talent Drought?
I’m beginning to wonder what’s going on with developers. Are they really so adamant that the above genres is all there is? Have we lost our ability to invent new things? Are we moving into a new self-inflicted Dark Age? I’m not talking about not having entertainment, no. I’m talking about that we as a society have become so jaded, that we won’t accept any new ideas in games? Personally, I want to see more Pongs, Defenders and Marble Madnesses. Not specifically these games, but the idea that these games represent. That is, something new, unique and different.
Take Portal and Portal 2, for instance. These are a completely unique and different take on the first person shooter. This game has also become a commercial success in its own right. It’s a mostly non-violent game built on a relatively unique story, puzzles and lots of humor. The game itself involves challenging puzzles. These games are from Gabe Newell’s Valve. I’ve always found that Valve’s games tend to involve more unique ideas and less trying to fit molds. Valve, unfortunately, is mostly the odd-man-out. The development cycles are extremely long for games from Valve. It might take 5 years to release the next installment. But, I’m willing to wait 5 years to get a unique game experience that’s unlike anything else I’ve ever played.
Unfortunately, most game developers today just want to make the next quick buck instead of putting out award winning high quality unique gaming experiences. This leaves the gaming market fairly high, dry and devoid of unique games.
What’s left are the Batman Arkhams of the world which always inevitably come down to being a button masher after everything is said and done. Yes, they wrap the Batman games around a seemingly open world, but when it comes down to the final boss, it’s just another glorified fighting game. I don’t want yet another reason to get carpal tunnel. I want to have a unique gaming experience. I want to be challenged not by how fast I mash my thumb against a button, but how I can think strategically. How I can take down the final enemy on my own terms, not on the video game designer’s terms.
Inventiveness Reignited
Basically, give me open worlds to roam. Give me tools to use in that world. Let me level up as I gain experience in the world. Give me stores where I can buy things. Let me even buy the stores themselves. Let me earn money to spend. But don’t force me into a final boss sequence that requires me to follow a script. If you’re going to give me an open world, give it to me all the way. Let me make my own final boss choices. Let me decide how to deal with the final boss on my own terms. Give me the tools to deal with him or her as I see fit. If you provide cages and I choose to lock the boss in a cage and send that cage off to a prison, that’s my ending choice. If I choose to have a final button masher battle, my choice. If I choose a strategic battle systematically wiping out all of the boss’s advantages, my choice. If I choose to befriend them and go off with them into the sunset, my choice. Open world means open world and all that goes with that.
Choice is what we have in life. Taking that away in video games and forcing a contrived outcome during the final moments is just not inventive. It’s trite. It’s cliche. It’s frustrating. We’ve spent hours getting to that point only to find out that the final battle is basically a complete waste of time. That the ending is ‘stupid’.
No, simply provide the gaming tools. That’s all the game needs to do. Let the gamer choose the final outcome entirely. Sure, you can tie in some befitting movie ending dialog sequence, that’s fine. But, how I choose to end my game should be my choice, not some game developer’s choice who was sitting in a room miles away and months ago making that decision. Let me make my own decisions, my own choices which result in my own outcomes. I realize that games need to have some form of rules, so there are limits to what can be provided. But, within those limits, let me choose how to use them all. Don’t rope me into a small area, don’t take away all of my advantages that I earned, don’t throw 40 men at me and expect me to button mash them all out of existence in a few minutes. Again, I don’t need aching joints and to inflame the median nerve running down my hand. Give me strategic options. Let me utilize the tools I’ve spent hours obtaining through the game to my own full strategic advantage. Giving me all of those tools and then taking them all away only to force a 40 man fight is worthless, frustrating and not at all inventive.
Even Better Ideas?
Better, give me games that break FPS/TPS molds. Give me games where the idea is completely unique. There are many ways to devise video games in 3D worlds that don’t involve the tired FPS mold. I want new unique games. Games that involve strategic thinking, unique environments, unique character traits (super powers of my choice). As an example, how about a superhero role playing game? Let me choose my character’s traits, history, powers, good vs evil, etc. Let me choose the outcomes that unfolds. Let me write my own story and outcomes?
How about a game within a game? The gamer becomes a gamer within the game and who gets lost in that video game world only to work his/her way back out? There are lots of cool story ideas. It’s the stories here that matter, the gaming aspect is just the tool to get it there.
Basically, we need inventive new unique gaming experiences that do not presently exist. I want to see games that are today as inventive as Pong was back in its day. Games that inspire gamers to think, rather than blindly mash buttons. I like thinking and strategy games within an action framework. Not so much puzzles as in pulling ropes to open doors, but even more unique then that. Let’s get some new ideas flowing into the gaming world. It’s definitely time.
Where are all the games?
Unfortunately, there is a major game drought today. We have many many consoles today: PS3, Xbox, PS Vita, Wii U and even the iPad, yet we’re firmly stuck playing the ‘AA’ titles which are neither inventive nor unique. In fact, most of them are rehashes of rehashes. Things that we’ve both played before and will likely play again. I don’t want to play games I’ve already played. I want to play new unique games. Games that I look at and think, “Wow, this is cool. I’ve never played something like that”. I don’t want to get to the end only to find out that I’m trapped in the ever-so-familiar button masher. I want strategic choices to the outcomes. Games should actually reward players for the most unique ways to end the game.
Even though we have only just ended out 2012 and there were many titles released at the end of 2012, not many of them were truly imaginative titles. Yes, there were highlights in some games, but most of them are far too often been-there-done-that experiences.
Even though EA, Atari, Capcom and the other big gaming companies are out there working to produce new games, they’re just not providing quality original games. They’re providing, at best, copies of previously released and rehashed game ideas. Nearly every one of those big game company games is boring within the first day of play. It’s too easy to get stuck into a firm set of rules that force the player into silly and frustrating game play. If the bosses end up being simple button mashers only to provide the same enemies wave after wave, what makes development companies think that this is what gamers really want? After a while it just becomes mindless, monontonous and boring. The point to entertainment is to entertain. There is nothing entertaining about tedium, frustration and boredom. It’s no wonder I see a lot of gamers posting ‘I’m bored’ on forums even when they own games like Call of Duty. Yes, they are boring.
I suggest that by bringing back inventiveness, uniqueness and originality in games, a whole lot more people will become interested in games and we will become, once again, entertained.
leave a comment