Whither Mario Factory?: The Downside to Academic Publishing

I've been sitting on this material for a while. Many of my informants would recognize it as coming from back in 2006 when I was passing the PDFs around Vicarious Visions. Starting in 2008, the essay has been reviewed well and reviewed poorly and still not accepted. One interesting thing has been that despite good reviews it has even been rejected, told to go to something more "New Media" or "Game Studies." One of those notes came from a journal with "New Media" in its name, but I digress. So while I'll continue to push its publication through, the empirical material is simply too interesting to keep closed off from view as I await further feedback. Thus, some excerpts from an as-of-yet unpublished manuscript, "Whither Mario Factory?"






On Halloween of 1994 Nintendo filed for a series of patents that were later granted between the years 1997 and 2000. This essay refers to them more homogeneously as "Mario Factory" (Hibino and Yamato, 1994; Yamato et al., 1994a; Yamato et al., 1994b). This sequence of documents describe a videogame development, testing, and manufacturing system designed specifically for hobbyists and users to enjoy the creative possibilities of developing games for console videogame systems. Many of the systems and ideas described in the documents have not yet come to market for licensed Nintendo game developers and certainly not for the general player or hobbyist game developer.

Mario Factory, at its core, was about creating, not only the possibility of (co)creative content creation for console video games, but an entire set of tools by which users could begin (co)creating games. Figure 1 depicts a splash screen from this hypothetical device. While the patent seems to specifically target less technically inclined would-be videogame developers, it was also stated that these same tools would prove as productive prototyping and testing systems for more experienced videogame developers.

This invention relates generally to a method and apparatus for generating unique videographic computer programs. More particularly, the present invention relates to a video game fabricating system designed primarily for users who are unfamiliar with computer program[ing] or video game creating methodology. Such users may conveniently create a unique video game through and icon driven, interactive computing system that permits a video game to be executed, stopped, edited, and resumed from the point where the editing began with the editorial changes persisting through the remainder of game play.
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In accordance with the present invention, unique video games may be simply created by users ranging from a relatively unsophisticated elementary school students to sophisticated game developers. A unique hardware and software platform enables users to create original games by selecting icons which access more detailed editor screens permitting the user to directly change a wide variety of game display characteristics concerning moving objects and game backgrounds. (Yamato et al., 1994a53)

As early as 1994, Nintendo was critically aware of the complexity associated with videogame development practices and the kinds of interdisciplinary creative collaborative practice that is necessary for success. While their patent hints at perhaps a declining collaboration between engineer, artist, and designer, it seems to be more about creating tools that foster effective collaborative practice between those groups.

Mario Factory was, in effect, a DevKit for the masses. This approach hints at a very different possibility than one that is currently experienced by game developers. DevKits were introduced so that game developers could create games for consoles where the hardware differed significantly from that of PC's. Nintendo developed technologies to bridge the gap between the PCs, where code was typically written, and the consoles, which ran the compiled code.

Hibino, T. & Yamato, S. (1994). U.S. Patent No. 5599231. Washington, DC: U.S. Patent and Trademark Office. Assignee: Nintendo Co., Ltd.
Yamato, S. et al. (1994a) U.S. Patent No. 5680534. Washington, DC: U.S. Patent and Trademark Office. Assignee: Nintendo Co., Ltd.
Yamato, S. et al. (1994b) U.S. Patent No. 6115036. Washington, DC: U.S. Patent and Trademark Office. Assignee: Nintendo Co., Ltd.

?!? 90% of US Nintendo DS Users are Pirates ?!?

[Cross Posted from www.ishotthecyborg.com]

I'm not that big into the use of massive punctuation, but I really couldn't help myself in this case. Apparently, 90% of US Nintendo DS users are using devices like the R4 or the DSTT to pirate software for the Nintendo DS. That would mean that only one of my fellow friends with DSs should NOT have one of these. Except that as far as I know, I'm the ONLY person with one of these in the area, and I don't use mine for piracy.

PocketGamer.co.uk - 90 Percent of US Gamers are Playing Pirated Software

UK trade body ELSPA has claimed that an astonishing 90 per cent of of all DS users in North America are playing pirated games using devices such as the notorious R4 cartridge.

Not only does this reek of simply made up numbers, it should be noted that these devices have more than one use. You can use them to play video files, MP3s, or *gasp* develop your own DS games. And it seems that only the boys over at GayGamer.net have managed to hit the nail on the head.

GayGamer.net - You are All Pirates (According to the Entertainment & Leisure Software Publishers Association)

Kudos on that outlandish statistic, 90% of us use the R4 to pirate software. Working on a sample (IE: everyone I've ever met) the number of people I've seen with one of these is a big zero. The article reeks of fear mongering, essentially he's trying to get anti-piracy laws changed in Scotland by scaring the crap out of game retailers, which can in turn lobby the government to make third party bootable DS cartridges illegal. After all, if they outlaw these, it would increase their potential profits by 900%.

I guess this means that likely in the coming months Nintendo will continue to pursue legal action against these companies (you cannot find many R4s any more, though there are alternatives...). In the mean time I continue to import them one or two at a time in an effort to protect my right to speak on my DS (Yes, I'm stockpiling them out of principle). I wonder if they'll raid my apartment hoping to find gobs of pirated ROMs, and will rather find one highly peeved no-longer-Nintendo enthusiast.

C-out

At Least I've Got Carmack On My Side

[Cross Posted from Over at IShotTheCyborg.Com]

IGN had an interview recently with Id's John Carmack on bringing Orcs & Elves to the Nintendo DS. I was particularly interested in a comment he made about homebrew development on the system.

IGN: Since this is your first Nintendo DS project, what was it like poking at the hardware?

Carmack: It was probably the most fun platform that I have personally worked on. The early consoles that I worked on (SNES, Genesis-32X, and Jaguar) had fun hardware and full documentation, but a lousy development tool chain. A lot of later consoles had much better development tools, but they started playing secretive with the exact hardware specs, at least around console introduction time.

While there are a few nooks on the DS that aren't documented, they weren't things I cared about, so to me it was almost perfect. It is a shame that homebrew development can't be officially sanctioned and supported, because it would be a wonderful platform for a modern generation of programmers to be able to get a real feel for low level design work, to be contrasted with the high level web and application work that so many entry level people start with.

Having just written about the interesting catch-22 which developers are put in (in the US at least) of being expected to know how to do things that they don't have access to. I've said for a long time that the N64 would be a great platform for developers to learn on, and it's not like it's making Nintendo any money on licensing any more. But opening up the DS to sanctioned homebrew development a la XNA Express sounds like an even better idea to me.

I got a chance to play with DS development while in India and it was a fun system to work with. I also think it's a great platform for designers, engineers, and artists to cut their teeth on, because it provides interesting design elements (two screens, one touch sensitive) with pretty capable hardware. I also imagine that Nintendo could make a lot of money on some sort of cart+memory system that allowed people to both do sanctioned homebrew, and could download games from some homebrew repository and upload them to the DS, or even a DS downloadable content "store".

My only hesitation really is that US publishers really haven't figured out the DS. So would the opening up of homebrew just be an excuse for them to continue offloading their R&D onto those with no budgets or experience? What's the logic to innovate if you can get it for free? I know I'm being a bit cynical, but I've been watching publishers kill innovative DS titles for four years now, so that cynicism is rooted in experience not just dogmatism.

Of course they're concerned about piracy now. They used to be worried about production, and they're probably worried about branding a bit still. They don't want porn games on the DS. But ultimately I think they've moved on to being concerned about piracy. But isn't that happening already? Is that fear worth the continued infancy of production methods in the industry? Didn't they just say that they use "natural selection"? It's kind of hard to have natural selection when you have legally backed up birth control flowing through the water system. Wouldn't this encourage greater species diversity?

On a related note... I've recently imported from Hong Kong one of these "unofficial homebrew solutions" for the DS. In part because I fear that Nintendo will attempt to wipe them off the face of the planet with recent efforts. Why? Because part of my dissertation is going to be interactive and on the DS. Homebrew needs to start pitching itself as speech, and if my dissertation is illegal, then so be it. It's also going to be Creative Commons and the source code is going to be in the appendix.

Patents and Copyright, Oh My - (Some of) The Rules of the Game Industry Game

In my RSS reading early this morning I encountered something which piqued my interest. I wish I'd somehow managed to attend this event, because I've been very interested in patent and copyright law as it relates to the video game industry. Even more disturbing was the title of the talk given in London to a group of IGDA members. That title was, "Rules of the Game: Legal Issues in Game Development," which though purported to be about copyright, trademark, and patent law seems at least based on the notes to have been more about copyright and trademark.

Anyway, the following bit caught my eye:

Game Career Guide - IGDA Rules of the Game

How Similar is Too Similar is Too Similar?
"There has to be copying," says speaker Vincent Scheurer, a speaker at the IGDA meeting. "Accidental similarity is not an infringement." Scheurer expressed his disgust with the similarities -- or what he thinks is just plain copying -- between Webzen's art style (left) and Nintendo's in Wind Waker (right). He wonders why the Japanese game giant allows Webzen get away with it, as Nintendo has never filed suit.

Which lends yet even more evidence to a theory that has been developing in my head throughout my research. Namely, that Nintendo has a different vision of what patent, copyright, and trademark in the game industry is supposed to be doing. While Scheurer seems to look down on "plain copying," as he sees it, Nintendo seems to see something else.

This same sort of non-litigation has occurred in the space of patents by Nintendo as well. Nearly every 3rd Person game for the PS2, PS3, Xbox, Xbox360, Gamecube, and Wii actually infringe on several patents by Nintendo related to the use of analog sticks on controllers. Yet Nintendo does not litigate. So it is either (in the case of patents anyway) done out of only self protection, but I'm beginning to suspect that it is also done out of a desire to carve out new areas in the world of game development and to protect them.

So sure, "Webzen get[s] away with it," but maybe Nintendo is willing to carve new directions out for others to also pursue. Remember, frequently Nintendo seems simply happy to be somewhere first, they don't necessarily want to rule those places.

Strike Out? Nintendo and WiiWare

Oh man. I wake up this morning, and for a moment I think to myself that I'm going to have to revise this paper I've just submitted, because Nintendo has managed to step up to the plate...

I was excited about the opportunity to proven wrong, that they might be able to lower their barriers to entry. Then Level Up had to go and dash my hopes against the rocks with the actual interview with Fils-Aime. "'First, the development tools and SDKs [software development kits] that enable developers to participate are already available,' he replied, referring to the standard tools that Nintendo sells to its licensees." Strike One.

DAMN IT. So the amusing thing is that to get in a position to buy these SDK's and development kits (later mentioned as "darn near free" - Strike Two) you are actually unlikely to get without a publishing company backing you. While it might be interesting and possible to hear that Nintendo will remove some of these restrictions, it doesn't sound like it. Basically it's an opportunity for established developers to bring games to Nintendo's electronic distribution stream. What the hell about that is "indy"? What they should have said is, "Established developers can create small teams with small budgets and big ideas to bring original games to the marketplace." That's not what they said though. They actually sounded magnanimous, much like Microsoft did with the release of XNA Express. Only Microsoft actually released it to the general public. Nintendo has not. Strike Three.

I honestly don't see how this is any different from what Sony has done already. This isn't big news, this is catch up. If Nintendo had opened up a little, that would be something. That would be big news. Now I get to hear about "user generated content" on the Wii for the next month. I just have to decide now if I argue or not.

*SIGH* That's what I get for having hopes this early in the morning.

Nintendo Press Room - NINTENDO'S WIIWARE PAVES THE WAY FOR FRESH GAMES, COOL CONSUMER EXPERIENCES

"Independent developers armed with small budgets and big ideas will be able to get their original games into the marketplace to see if we can find the next smash hit," says Nintendo of America President Reggie Fils-Aime. "WiiWare brings new levels of creativity and value to the ever-growing population of Wii owners."

The possibilities for WiiWare are limited only by the imaginations of developers. WiiWare provides game creators a simple method by which they can get their games to the public. This approach, combined with the remarkable motion controls of the Wii Remote and Nunchuk, will give birth to fresh takes on established genres, as well as original ideas that currently exist only in developers' minds. The reduced barriers to development provide developers the freedom to create and an inexpensive, clearly defined path to reach consumers who will ultimately determine which game will become the Next Big Thing.

Level Up: EXCLUSIVE: What is WiiWare? Level Up Gets the Scoop On Nintendo's Brand New Bag

A month or so before the March Game Developers Conference, Nintendo's PR agency approached us about a hush-hush new content initiative that the company had been cooking up, and wanted to know whether or not we'd be interested in being the first to get the lowdown. We were. But GDC came and went without any more information. From then on, we'd check in with Nintendo from time to time, but no new information was forthcoming, not even about when new information might be forthcoming. So we began to despair. But on Monday, the folks at Golin Harris PR reached out to us again to inform us that the time was now, that the offer was still on the table, and that Nintendo of America president Reginald Fils-Aime would be available to speak with us Tuesday afternoon. We spoke with him, and here's what we learned.

What's more interesting is that Nintendo isn't only seeking WiiWare from established publishers and developers like Ubisoft and Sega. At a Nintendo developer's conference earlier this week, the company informed attendees that it was seeking from indie developers as well. Shorter, original, more creative games from small teams with big ideas; these are the buzzwords that you'll be hearing from Nintendo when its Wednesday announcement goes wide. Fils-Aime told us that while Nintendo, as the retailer, would itself determine the appropriate pricing for each game on a per-title bases, the games themselves would not be vetted by Nintendo. Instead, Nintendo would only check the games for bugs and compatibility, with developers and publishers responsible for securing an E for Everyone, E10+ for Everyone 10 or older, T for Teen or M for Mature rating from the Entertainment Software Rating Board--Adults Only titles like Manhunt 2 aren't welcome. Look for the first WiiWare titles from Nintendo and third-parties to become available next year.

Level Up: EXCLUSIVE: Nintendo of America President Reggie Fils-Aime Tells Level Up About His Big Plans For a Little WiiWare

"A couple of GDCs [Game Developers Conferences] ago, Mr. Iwata hinted at downloadable content; that we wanted to help young, promising developers overcome the limitations of small budgets and team sizes to bring their games to the Wii."

Would this mean a price cut for development kits, we inquired? Or would there be a new set of tools and libraries--easier to use, but less fully-featured--aimed at the indie and hobbyist game developer? No. "First, the development tools and SDKs [software development kits] that enable developers to participate are already available," he replied, referring to the standard tools that Nintendo sells to its licensees. "We enable the marketplace where consumers can buy these games using Wii Points. Developers and publishers bring their ideas for games and marketing to entertain and entice consumers." As for a price cut, Fils-Aime insisted that Wii dev kits are already plenty cheap. "All our SDKs and dev tools are already--I don't want to call them inexpensive--they're darn near free to developers. This is unlike our competitors, where you have to spend a lot of money building high-res assets to be competitive. So in that sense, there's almost no cost to developers; the tools are already available at rock-bottom prices. We're providing the venue and light of day for games that might not have gotten attention otherwise."

Fils-Aime also stressed that all WiiWare content, unlike that on the Virtual Console, would be brand new games. "WiiWare content is new content. It can come from Reggie's Videogame Garage or from EA." (Don't get your hopes up, fanboys; Fils-Aime has no plans to personally make any WiiWare games.) As for pricing, he reiterated that while Nintendo would make the final decision on the pricing of individual games, it would do so in consultation with the developer and/or publisher, with no predetermined limit on the high-end of pricing. In short, having conquered the kids, the Alpha Moms and the non-gamers, the Wii is now going after the brand new downloadable game market currently occupied by Xbox Live Arcade and Playstation Network. The resulting fireworks should be interesting to watch.

Gamesindustry.biz - Nintendo Set to Unveil new WiiWare Initiative

Nintendo is set to reveal details of its WiiWare downloadable games initiative later today, according to Newsweek games blog Level Up.

WiiWare titles will be available from the Wii Shop Channel in exchange for Wii Points, as Virtual Console games currently are. However, the WiiWare games will be original titles designed specifically for Wii

According to Newsweek Nintendo held a developers' conference earlier this week, where attendees were informed that games are sought from independent studios as well as established companies such as Ubisoft and SEGA.

Nintendo will decide how much each game should cost, but will not vet the games beyond checking for bugs and compatibility. It will be the responsibility of publishers to obtain age ratings for the games, and no Adults Only-rated titles will be allowed.

Joystiq - Nintendo takes wraps off of WiiWare

Nintendo is the latest on the indie console-development bandwagon with WiiWare, a "game-creation service that will allow developers large and small to create new downloadable video game content" that the company announced this morning.

The company is making it clear that they're looking for little guys to make games for the console, though it's currently unclear exactly how that will be done. Interestingly, Reggie Fils-Amie told N'Gai Croal of Newsweek that the games would be checked for bugs but not vetted by Nintendo.

User Comment #2 - I'm not quite sure how you can call this jumping on the User Generated Content bandwagon. There's no mention of hobbyists or home development, or anything akin to XNA (which many would argue isn't a pure example of UGC either). They may be courting the casual games market or encouraging development from small indie developers, but this is still very much focussed on professional development not end-users from my reading.

Thinking Through the ESRB's AO Rating

A couple of very interesting articles have emerged regarding the AO rating for Manhunt 2 on the Nintendo Wii and Sony PS3. Besides the abnormal amount of attention being given to the rating decision, I was actually most interested in a little Joystiq article about Thrill Kill and the sexual content of most AO games.

It has also forefronted Sony and Nintendo's licencing limitations of AO content. I bet most people didn't know that. I'm also interested in what counts as AO in other markets, like Japan.

Joystiq - Remembering Thrill Kill, the 'other' violent AO-rated game

Searching the Entertainment Software Rating Board website by the Adults Only rating yields only two games without strong sexual content or mature sexual themes: Peak Entertainment Casinos for featuring "gambling" and Thrill Kill for Animated Blood and Gore, Animated Violence.

GameDaily - Official: No Manhunt 2 on Wii

Regarding the AO rating for the title, a Nintendo spokesperson told GameDaily BIZ, "Games made for Nintendo systems enjoy a broad variety of styles, genres and ratings. These are some of the reasons our Wii and Nintendo DS systems appeal to such a broad range of people. But as with books, television and movies, different content is meant for different audiences. That's why the ESRB provides ratings to help consumers understand the content of a game before they purchase it. As stated on Nintendo.com, Nintendo does not allow any AO-rated content on its systems."
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[UPDATE] It would appear that Sony is taking very much the same stance as Nintendo when it comes to Manhunt 2. A spokesperson told GameSpot, "It's currently our policy not to allow the playback of AO-rated content on our systems."

GamePolitics.com - More Bad News for Manhunt 2

In Nintendo’s own Nintendo Buyer’s Guide the company clearly states, "Please note that Nintendo does not sell or license games that carry the ESRB rating 'AO' (Adults Only)."
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Currently it’s SCE’s policy not to allow the playback of AO rated content on our systems.

This is PRECISELY why we need More Homebrew

Not because we need MAME ported. Not so I can run my old Amiga games. This is why we need homebrew and why Nintendo ought to be opening up their platforms a bit more.

The thing of course to keep in mind here is that these guys are technically doing something illegal. It is illegal because of the DMCA. They have circumvented encrypted means of copy protection. It is an unfortunate state of affairs, but I certainly hope that what they've managed to do can be an argument for more development on consoles like the Nintendo DS.

I guess my only hope at this point is that they'll open source whatever tools and SDK's they've managed to create on the DS homebrew side. Not likely though. Game developers seem to not like sharing very much.

The other thing I find fascinating is that of course response to this kind of thing has been "phenomenal." Of course it is. We're finally seeing some game content that breaks out of the mold of the last 10 years. Of course gamers and even developers are excited about this.

Kotaku - Feature: In Plundr Size Matters

The team showed off a little of that magic recently at the Where 2.0 conference where they announced that they would be bringing pirate-themed game Plundr to the DS, hopefully within the next year. In the game you sail from island to island a ship, buying, selling and fighting for goods. But to sail around the uncharted seas you'll need to get up, get outside and travel. The game will use a special form of positioning software that will rely on the Wi-Fi built into the DS.

"We built a prototype for the DS, it's homebrew at the moment, we are beginning talks with publishers about how to bring the game to the market and develop other location based games for the DS. We are also interested in the PSP," said Area Code co-founder Frank Lantz. "The response we've received about this online has been absolutely phenomenal."
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The idea is that people will come to establish their own trade groups, so they're not, as it were, just ships passing in the night. The routes between the locations in the real world often traveled to, like the office and the home, will become trade routes.
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"The emerging network, that is the real world, that is the platform we are developing for," Slavin added. "There's a scenario in Plundr's development where some people are playing on their phone, on their DS, on their PSP but the world they play in will be persistent."

Emulators, the Virtual Console, and Opening up the Wii

It is always to see how the pile of news I didn't read over the weekend piles up and then ends up overlapping in odd/interesting ways.

One in particular was an article in the NY Times about Nintendo courting developers more-so than they previously had in the past, and this other bit about a Wii/Gamecube homebrew competition.

First of all, I really hope that the developers that put their time and effort into making games for the Wii and Gamecube spend more time on actual games than on emulators. Sure you can perhaps have a game up and running faster (?) if you're porting an emulator to the Wii or Gamecube, but I'm beginning to believe more and more that emulators on consoles tends to hurt homebrew efforts rather than help them.

Of course when I saw the Wii News article linked from Slashdot (/.), the emulation aspect was for-fronted. If you think about it, emulators are the very thing that most companies fear when it comes to homebrew. Why? Because it dilutes their brand, and prevents them from being able to re-sell you old content.

Now, that isn't to say that old content is all bad (because sometimes they make it look better), but as far as Microsoft is concerned, running your old NES games on the Xbox 360 isn't going to help them. Nintendo doesn't want you running Sony PS1 titles on the Wii or Gamecube because it dilutes their brand.

What I see as the interesting overlap here is that Nintendo really is pushing developers to think about these new platforms in new and interesting ways. What they haven't done is engage with home brew-ers, hobbyists or open sourcers. The other thing is that they haven't provided a way to get around the uber-conservative publishing companies, especially here in the US.

It is also interesting that Nintendo, of all the current console manufacturers, has yet to release an original title for their Virtual Console. What a great new medium which would circumvent timid publishers. Heck, it might even push them in such a way that they would HAVE TO publish some new interesting titles. In the mean time Nintendo would likely reap higher margins on those titles.

But, you know, it's easier to keep things closed and snuggle up with your existing developers, than to take a chance on all those people just itching to get a chance to develop for your system. If only the number of people playing with their Wii-motes on their PC's gives you an idea of the number, it's a lot. Not to mention even at RPI's game symposium this spring, several games used the Wii-mote as a control mechanism.

NY Times - Technology - Putting the We Back in Wii

"The relationship is warmer and more active than before," said Jeff Brown, the spokesman for Electronic Arts, the giant game developer based in Redwood City, Calif. The push appears to be bringing results. Analysts say one reason for Wii’s popularity has been its larger number of available game titles. At present, there are 58 games on sale in the United States for Wii, versus 46 for PlayStation 3, according to the Sony and Nintendo Web sites. That is a huge contrast with the previous generation of game consoles: to date, PlayStation 2 has 1,467 titles, overwhelming GameCube’s 271 titles.
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The Wii’s simplicity is also the selling point for software makers. Mr. Wada said developers had been slower to write games for PlayStation 3 because of the greater complexity of the console’s main processor, the high-speed multi-core Cell Chip. He said PlayStation 3’s production delays had also made Sony slow to provide developers with the basic codes and software needed to write games for the new console.

At Namco Bandai, Mr. Unozawa said PlayStation 3 was so complex, with its faster speeds and more advanced graphics, that it might take 100 programmers a year to create a single game, at a cost of about $10 million. Creating a game for Wii costs only a third as much and requires only a third as many writers, he said.

Wii News - Coding Contest

DCEmu via its Wii-News and Gamecube Emulation Sites are proud to present the first Dual Nintendo Wii and Nintendo Gamecube Coding Competition. This Coding Competition will hopefully ignite a mass of interest for creating homebrew and emulators on the Nintendo Wii and Nintendo Gamecube.
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Entries for the competition must work on either Nintendo Wii or Nintendo Gamecube or both via SD Load.

All entrys must work with SD Load or with an as yet Unreleased Exploit for Nintendo Wii. Modchip Versions of any releases must have a corresponding SD Load Version.

Entries can be Emulators, Homebrew Games, Demos or Applications that work directly on the Gamecube/Nintendo Wii.

GameDeveloper Magazine and Gamasutra 3 Months Behind

At least I beat someone to the punch. Of course if a tree falls in the forest and no one is there to listen, does it make a sound? Apparently not for Gamasutra or GameDeveloper Magazine.

At least it is someone respected in the industry saying these things, but for the most part his punchline is one in the same with my own, "So, Sony? Nintendo? The time has come for you to feel the winds of change. It's your game to lose, and your princess is going to be in another castle if you don't choose wisely. It's time to open things up a bit."

Gamasutra - Opinion: Why Indies Can't Thrive On Consoles

Imagine the following unlikely scenario: the movie theaters of America are divided into three groups, each of which requires a different aspect ratio and delivery format for any movie showing in it. Perhaps the three different formats don’t actually encourage easy conversion between them.

Just think what a chilling effect that would have on some filmmakers who wanted a shot at showing their independent movies nationwide.
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The ham-fisted point I’m trying to make is that the same chilling effect is currently happening with downloadable games for consoles. While Microsoft has a clear outreach channel for independent games with Xbox Live Arcade, the company hasn’t been working with Sony or Nintendo to create standards so that those games are available to PlayStation 3 and Wii owners.
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It seems that Sony’s PlayStation 3 E-Distribution Initiative is keenly focused on first-party or second-party exclusives, such as Super Rub-A-Dub, fl0w, and Blast Factor, which take advantage of the PlayStation 3 hardware in some way. These are all fine titles, but they’re emblematic of a Sony-centric portfolio.
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Why isn’t that happening? I can only presume it’s because Sony has not set up a good mechanism for more loosely tied indies to easily and swiftly convert their games. Things are even worse in Nintendo’s corner, where retro titles are spouting out by the gallon, but new downloadable games are completely absent as of press time.
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Oddly, both Nintendo’s and Sony’s reluctance to come out swinging in this area seems to be down to insularity or issues relating to corporate control. Why not relax a little and give the consumer a bit more choice and make indie development much more viable along the way?

The Wii-volution will not be Televised: The XNA-cution of a Business Model

But we can now. All we have to do is sell our souls to Microsoft's C#, Windows Vista, and Direct X 10 API for this opportunity. All Microsoft gets out of it is an ability to disrupt the business model that has until recently kept them at the middle of the pack and gain the efforts of the hordes of developers itching to try their game development skills on a piece of next generation console hardware. Does it mean that they've given up control of distribution? Heck no. But there is a contest if you're interested.

So, Sony? Nintendo? The time has come for you to feel the winds of change. It's your game to lose, and your princess is going to be in another castle if you don't choose wisely. It's time to open things up a bit.

Despite Nintendo's Piracy Concerns...

It looks like the Chinese market is doing pretty well for the moment. The gaming cafe experience is something that I saw a bit of in India, but not nearly the social force that it seems to be in China and other parts of South Asia. I think one of the key bits that spells a major difference is the rise in sales of offline PC games, which would be the easiest for piracy efforts.

It is interesting that despite Nintendo's threat, I don't believe that officially the DS or Wii is actually being marketed in China. I could be wrong, but the fact that most of it is on the Grey market doesn't surprise me. The same was largely true in India with the notable exception of Microsoft who was investing in marketing the Xbox 360 heavily.

In related news, it looks like they're issuing similar statements to those made to China to Korea. Shape up seems to be the gist of it. Korea is a market where the DS is being pushed by Nintendo, so I can see their interest in protecting their margins.

Chinese game market explodes // GamesIndustry.biz

The report found that revenue from the overall video game market jumped by 68% last year, with the online gaming sector generating USD 995 million in revenue, an increase of 74% from the previous year.

Unsurprisingly, the report singled out China's booming internet cafe culture as the main driver for this growth. The introduction of free-to-play massively multiplayer online games - in which players pay for virtual items - has, according to Niko's managing partner Lisa Cosmas Hanson, further stimulated this trend.

"Chinese gamers pour into the cafes every day to play online and LAN games with friends. They spend money in the games on virtual gifts for friends, services for their characters, and virtual items to help with leveling," said Hanson. "The intertwined nature of China's Internet cafes, social gaming culture, and few entertainment alternatives at a low price point, will continue to be the basis for strong growth through 2011."

But the Niko report goes on to paint a picture of overall good health for the Chinese market. Sales of offline PC games, mostly from Taiwan, rose 28.5 per cent to 904,000 units in 2006. And alongside the 20 million PCs in China's 225,000 internet cafes are an increasing number of consoles, although these are all grey imports, console hardware currently being prohibited in China.

Hanson added: "If a game company can get an impressive game or console to market in China, the gamers there will embrace it. That said, getting a product into the market is not easy. The complex regulatory environment in China is still the greatest barrier to entry for foreign game companies."

Gamasutra - Nintendo Threatens Korean Pirates

Officials from Nintendo Korea have threatened legal action against anyone that copies, sells or distributes illegal game software in South Korea, with the release of a sternly worded statement aimed at discouraging the activity.

As translated by The Korea Herald, the statement reads: "'Nintendo will take strict legal action against businesses that are earning unfair profits by selling illegal copy machineries and downloading pirated programs.'"

Nintendo Korea has also threatened web site providers who allow illegal software to be accessed, while also threatening anyone who downloads the files with a police investigation.

Software piracy has long been a particular problem in Southeast Asia, while Nintendo has earned a reputation for vigorously defending its products from piracy – both in terms of copy protection and legal action. The statement is a first from Nintendo Korea though, previously one of Nintendo’s more neglected worldwide markets.

According to the Korea Herald, the success of the Nintendo DS has been catalyst for increased activity from game pirates targeting Nintendo products, with illegal copies of games for Nintendo, Sony and Microsoft formats apparently widely available in many electronics malls.

Is this BAD or GOOD for the Industry?

It's interesting that Todd Mitchell's analysis of Nintendo's success is labeled broadly as "bad or good" for the industry. I think the answer is probably more likely that it's good for the industry and bad for publishers. But really that "bad" for the publishers is good in the long run, because it's going to force them to think differently than they've been thinking for quite a while.

Of course the current generation of DS and Wii games coming out of Nintendo is going to sell well. It's some of the more innovative stuff showing up out there. Just like Little Big Planet is going to sell like hot-cakes or why Katamari or Shadow of the Colossus sold well. New and interesting.

Selling a derivative title on a system like the DS or Wii with all of it's available resources isn't going to entice consumers.

While this might "bode poorly for the publishers" right now, perhaps it will force them out of the current rut that they've fallen into lately. And of course Nintendo is going to have some lead time on everyone else. Isn't that why they keep it internal? It gives them some time to milk their product while everyone else catches up.

I'm not necessarily a fan of that model, but I understand why they're doing it. And long term, hopefully publishers internalize this new idea that thinking outside the box is good.

In the mean time Nintendo needs to do a better job of courting independents, getting them to bring new and innovative titles directly to them, because right now the big publishers just don't know how to handle this newfangled stuff.

Analyst: Are Wii And DS Good For The Market?

As reported, Nintendo's fiscal 2007 report showed 23.56 million DS units and 5.84 million Wiis sold, with 123.55 million units of DS software, and 23.84 million units of Wii software -- all far above original expectations from the company and analysts alike.

Much of that software success, however, came from Nintendo itself, with New Super Mario Bros. moving 9.5 million copies, Brain Age selling 8.1 million copies and Nintendogs pushing 7.0 million, with newcomers Pokemon Diamond and Pearl already selling 5.2 million in Japan alone. Wii software, too, was similarly first party dominated by The Legend of Zelda: Twilight Princess and unbundled versions of Wii Sports.

All of this, says Mitchell, leads him to believe that "Nintendo's success with the DS and Wii bodes poorly for the publishers."

"Both [the Wii and DS] appear to be bringing new gamers into the market. However, this may not be a positive dynamic for the major video game publishers. Nintendo has not only increased the size of the market, but it has also re-segmented it in its own favor, in our view," he said.

"Nintendo is dominating software sales on its popular hardware platforms, leaving the publishers with a smaller slice of an only somewhat incrementally larger pie," added Mitchell, "Moreover, we feel that the likely shorter product cycles of Nintendo's platforms puts the publishers in a permanent catch-up mode."

Despite the ramp up of various third party publishers turning more development efforts to both the DS and Wii platforms, Mitchell concludes that Nintendo's domination of the software landscape isn't a trend due to end anytime soon, adding, "the upcoming releases of Super Mario Galaxy and Metroid Prime 3: Corruption will highlight this phenomena this holiday season."

Squeezing Blood from a Stone

I'm not really sure what to make of this "turning over" that Nintendo has done for China, Hong Kong, Brazil, Mexico, and Paraquay. Brazil will likely thumb their nose at Nintendo, who isn't really marketing their stuff there anyway. If it's being pirated it's a market that Brazil has created on their own. They've also got some interesting ideas about IP law and what is fair protection. But anyway...

The fact that China cares is interesting, because it really indicates a desire on their part to play in the game.

Personally I think that if there was a little adjustment for how much games cost in these markets, so they weren't so out of whack for the average consumer you might see piracy drop. You can only really ask people to pay what they're able to.

Nintendo offers praise for US Government

Every year, the US Trade Representative solicits views from companies about piracy in foreign countries as part of the Special 301 process. This year Nintendo gave evidence about piracy in China, Hong Kong, Brazil, Mexico and Paraguay.

According to figures quoted by Nintendo, more than 7.7 million counterfeit videogame products have been seized from over 300 Chinese factories and retailers during the last ten years.
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"Numerous factories, where tens of thousands of counterfeit Nintendo products were seized, escaped with only trivial fines or no penalty at all. And often these production sites continue to operate after products are seized," the statement continued.

"We're pleased the US government is pushing China to comply with its trade commitments in an effort to protect the lifeblood of the copyright and trademark industries."

China slams US piracy complaint

"By doing so, the US has ignored the Chinese government's immense efforts and great achievements in strengthening intellectual property rights protection and tightening enforcement of its copyright laws," the commissioner added.

On Monday, the US trade representative Susan Schwab said that piracy and counterfeiting levels in China remained unacceptably high.

The US said that despite China's promises to crackdown on fake software, DVDs, luxury goods, car parts and shoes, many of the goods were still widely available throughout the country.

China is one of the world's largest producers of counterfeit products, ranging from designer clothes, to pirated films and music, to luggage.

Many of the goods find their way into Europe and are knowingly bought as fakes by shoppers at markets and from street vendors. Firms claim that the poor quality copies dent their brand and divert profits and potenital clients.

Publishers: DS Could be Best Selling Video Game Platform Ever... Without our help.

So, this piece of news is really interesting. It's interesting to me because it seems so blatantly obvious that there is a goatload of money to be made off of the DS, yet publishers are actually not supporting the platform in any sort of gun-ho fashion. Instead they're being timid with a platform that for all ostensible purposes is one of the cheapest out there to develop for, perhaps save the web. But you know, risk has never been the name of the game for most publishers.

DS Could Be Best Selling Video Game Platform Ever

Naturally video game publishers are going to want a piece of the portable pie. The opportunities are many. "Historically, Nintendo has been able to dominate the portable game market by developing games specifically suited for the unique attributes of the portable platform. However, there is growing opportunity for third party publishers and developers of portable games," DFC said. "... publishers of not only casual games, but even developers of high-end PC games like role-playing (RPG), massively multiplayer online games (MMOGs) and turn-based strategy, could benefit from the rising use of portable platforms among adults. Meanwhile, existing console game publishers have found it is possible to make over $100 million in revenue from a single PSP title based on the right franchise."

Of Course We Don't GET IT... We Don't HAVE IT!

I recently read the lower two articles about American developers having a difficult time developing for the DS, which I at first wrote off to conservatism of US based publishing companies. However, then I read the article about a student DS development camp where students created games for the DS.

OK. So let me get this straight. People in Japan that want to learn to make games get a chance to work on the DS? Um, why aren't they doing this in the US? Developers here can't get their hands on DS development kits, let alone students.

Of course we don't get the system. We're not really being given a chance. What about a US development camp where people can go play and learn the DS hardware for a couple of weeks with Nintendo developers on hand to help them learn the tricks of the trade. Hell, why stop with just the US and Japan. You're not going to get the most interesting and innovative games unless you start to let more people into the magic circle of licensed developers.

Nintendo Exploiting Student Labor!

Nintendo Co., Ltd. is making games developed by students at its Nintendo Seminar 2006 available for download via the DS Station. Starting late last week and appearing every two weeks after that, the games are totally free. Games include one that has players swing a steel ball to destroy obstacles and help mice captured by cats or another one that has players shout things at inappropriate times. These games, like so many good things, are Japan only.

How Western game developers fail to score with Nintendo DS

The DS is, of course, a famously innovative console. And it seems that Japanese developers, who lean far less on movie licences or formulaic sequels (think how Mario is reinvented from console generation to generation) have been most able to get to grips with it.
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This is where things get really interesting – when you realise that the highest-scoring non-Japanese DS game is Tony Hawk's American Sk8land, in 16th position with (a very respectable) 84 per cent. We then have another Activision title, Ultimate Spiderman, in 34th place, and then another Tony Hawk's title, Downhill Jam, in 40th.

Western Devs Don't Get the DS

Tony Hawk, the West's great hope in DS gaming.

Miyamoto Talks, People Listen, Sorta...

So...

Miyamoto's talk at GDC was quite good. It ran long, only in part because it took nearly 45 minutes to get the gathered crowd into the building. It also just ran long, and folks started running out the keynote somewhere roughly 30 minutes into the talk. I must say that if I'd been doing a presentation after the keynote, I'd have been pissed. I guess my IDGDA talk was right before the keynote, which I understandably affected to some extent attendance... but I digress.

His talk was very interesting, but I wonder if some of the points were really driven home? Based off of what I've been hearing from informants in the last couple of weeks in their dealings with publishers, not much.

Miyamoto was really getting at several things, and I think they're both pretty darn important.

1. This whole public perception of games as violent/anti-social/etc. regardless of how right or wrong you think it is, is every game developers problem. This is the biggest one that I wonder if people really got it. In many ways he was talking about how in 1998 Nintendo was at the top of their game, and in 2004 they're a bit of an underdog. But it's also about the kind of games that are getting made and offered up to players. We're just not using enough imagination I think is what he's saying. We're going to need more genres and more different things rather than fewer to grow the industry.
   
2. Changing it or making it otherwise isn't going to be easy, or popular for that matter. This is where I wonder if developments like the formation of the Gamecock Media Group, Man!festo Games, or other alternative publishers are going to be necessary. For the most part the game industry has managed to cement itself into a model that creates the kinds of games he's talking about. This also makes for an interesting opportunity for Nintendo, though they're going to have to make good on new kinds of agreements, that I'm not entirely sure they're ready for. Look at Ian Bogost's comments on Water Cooler Games about independent developers (those probably most able and willing to take on Miyamoto's challenge) having difficulty getting development kits.
   
3. By choosing this other path, you actually have an opportunity to make games differently. Rather than pushing to but more and more and more content into a game, you can focus on getting the game itself right. This I think is at the core of precisely why Nintendo's refusal of NextGen is so interesting. In many respects they've said, make do with this for now, but be original with this new piece of the puzzle (the Wii-mote for those of you that are just tuning in).

All in all it was a nice talk, though I wish he had driven home a couple of these points a bit more directly, because as it stood, it felt like a nice fire-side chat rather than the throwing down of a gauntlet, which is really what it was.

GDC: Miyamoto Shares His Unique Vision

...He said that he observed an important shift. In 1998, the top five selling games were Goldeneye 007, Zelda: Ocarina of Time, Gran Turismo, Banjo Kazooie and Super Mario 64. In 2004, however, the top games were GTA: San Andreas, Madden 2005, Halo 2, Halo 2 Limited Ed., and ESPN NFL 2K5. All of a sudden, people were worried about the effect of games on people, turning them into zombies, he said. The reputation of the games industry was at stake.
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The second core element of Nintendo's vision, devotion to entertainment, means that every employee is able to focus on providing entertainment. Miyamoto said that Nintendo has a very good balance of engineers and developers, and there's a chance for collaboration all day long, "even in the bathroom." And it's all about collaboration. Even though Miyamoto has worked on every controller Nintendo has made, he stressed that it's all been a group effort.
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The third element, risk, is at the core of Nintendo's philosophy for the Wii. Miyamoto said that the bigger the challenge is, the bigger the risk. Nintendo took on the challenge of asking what a video game is. He said that Nintendo has taken a number of risks over the years but that none was bigger than the Wii. He acted as an evangelist within Nintendo, telling others not to think about what they might lose by abandoning the traditional controller in favor of the remote, but to think of what they will gain.
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Next, Miyamoto talked about prioritization. He said that in this industry, game designers are always complaining about "not enough," whether it's budget, time, etc. He said designers feel obligated to put in more and more and make the best graphics, but they need to prioritize.
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Ultimately, Miyamoto told the developers in attendance that "your vision does not have to be my vision." He added that the future of the industry depends on how today's designers apply their vision. But, he's been "given a lot of faith about the future of the industry" after observing some of the games at the Independent Games Festival, he said. Miyamoto said that we cannot forget about the human touch. He concluded, "If we can convert my wife, I believe we can convert anyone."

Iwata Cautious About Early Wii Success

It's amusing that Iwata despite the Wii selling like hotcakes, is aware that software sells hardware more than anything else. It's at the same moment you hear from Sony top people, "We've Got a Better Machine & We're Going to Win" but they sure don't have much software to go with it. Not to mention that Sony isn't doing much to make developers lives easier... And anyway, isn't the PSP's biggest problem not enough games?

"Any system will sell well following launch," Iwata remarked, "but there will definitely come a time where it will stop selling. Even the DS hit a rough spell after selling 1.5 million units a month after launch. The flame was really lit a year after launch, after Nintendogs and Brain Age became big hits. With the Wii, we have to make good software just as we did with the DS."