Showing posts with label Computer Games. Show all posts
Showing posts with label Computer Games. Show all posts

Saturday, December 19, 2020

Viral Days: inspired by the COVID-19 pandemic, this real-time strategy game for Android and iOS demonstrates the propagation of a virus and, especially, the most effective ways to stop it

Nine months ago, to the day, I woke up after about four hours of sleep. With large parts of the world in lockdown, I started thinking about how a mobile game could make a useful contribution in the current situation and any future situation, as the SARS-CoV-2 pandemic is not the first and won't be the last of its kind.

I'll tell you in a moment what happened then, but fast foward from March 2020 to this weekend, and Viral Days (product website) is available for iOS on Apple's App Store, and for Android on the Google Play Store, [Update] the Huawei App Gallery, and the Samsung Galaxy Store [/Update]. Here's a gameplay video (this post continues below the video):

Back in March, some low-quality games from traditional genres, basically cheap knockoffs of titles like Angry Birds and Super Mario Bros., had been rethemed and rebranded as COVID-19 games. But they made no sense. You don't cure a disease by throwing toilet rolls at virus-like faces, or avoid getting infected by jumping over obstacles. What I wanted to come up with instead was a game that would really make a difference. A game that would

  • demonstrate the problem of exponential propagation in a simplified, time-compressed form and

  • promote several of the most effective ways to stop (or at least slow down) the spread of the virus.

After about an hour, I felt very good about my rough idea, and I luckily got another three or four hours of sleep. After waking up, I was (still) absolutely determined to turn this idea into reality. That same morning, before stores opened, I already had a call with Mario Heubach, whose company was doing contract development for my app development firm. We actually had been working together on another title--a highly interactive trivia game--since the summer of 2018 and were probably just a few months away from launching it. I was worried he'd declare me completely crazy to put a near-finished project on hold in order to start a new one. Let's face it: this is completely against conventional wisdom. But under the circumstances, what one would normally not even consider for a second was the right decision this year--we agreed on this much, and in early April, after some further conceptual work and research, development began. The Unity 3D engine was our obvious choice, and we also found valuable material on the Unity Asset Store.

We took our time to get it right--we really wanted to make a high-quality game--and finally submitted the app to Apple, Google, and Huawei yesterday. Apple and Google approved very quickly--they had previously taken a look at our beta versions. It's part of the history of this project that we initially had to deal with rejections, but I don't want to go into detail, at least now here and now. What matters is that the game is now available. And today we also submitted it to Samsung's Galaxy Store for review.

The initial release comes with 14 different languages.

Later this month we'll publish an HTML 5 (WebGL) game based on the same engine. I'm pretty sure that one will go absolutely viral, and when you see it, you'll see immediately why I think so. Stay tuned.

I'm aware of only one other game that "strategygamifies" the problem of a viral pandemic: Ndemic Creations' Plague Inc., which was launched in 2012 with what is now called its "main mode." That "main mode" has the objective of extinguishing humanity by means of a lethal virus. By stark contrast, my game's subtitle is "Heal - Protect - Prevent." Also, the virus in Viral Days isn't lethal. There's a difference like day and night between those two virus games not only in terms of the game objective but also the genre. Plague Inc. is a numbers-centric, abstract game where you see dots on a world map. Viral Days is about people you see--and try to take good care of. It's hands-on because players get to distribute masks, hospitalize or home-quarantine infected people, disperse crowds, and when you impose a lockdown in my game (available once you've reached level 18), you see people running home, just like you can see how infections are happening when an ill person and a healthy person spend too much time close to each other.

Viral Days highlights proximity with a frame that adjusts dynamically. I prototyped that one back in 2014, originally for a completely different purpose, and for a long time I had been looking for a way to put it to use in a game. In the early morning hours of March 19, 2020, I finally found it.

This game has the potential to reach a huge audience--and should have a positive effect on many (especially, but not only, young) people's attitude towards masks and social distancing. Apple disallows COVID-19-themed games, and Google has strict rules concerning metadata containing such keywords as COVID-19, corona(virus), and pandemic. But Viral Days is a generic virus game. In fact, what you see in the game would apply to the Spanish Flu of 1918 as well.

When I started blogging about those App Store antitrust cases in the summer, I said I was about to publish a game app myself. It took a few months longer than I thought then, but by now you know which one I meant. I'm so happy to have created a game that I'd definitely play even if I hadn't made it. And proud to have invented a new strategy game genre: real-time strategy without anything resembling military combat. It's viral real-time strategy.

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Apple likens market definition in antitrust case against Apple Arcade game subscription service to gerrymandering of electoral districts

NOTE: In the other article I published this weekend, you can read about my Viral Days real-time strategy game for Android and iOS. There are no plans at this point, and I don't anticipate that there will be, to make that game available on subscription services like Apple Arcade. Thus I don't have a conflict of interest when commenting on Pistacchio v. Apple.

About two months ago, class action lawyers brought a case against Apple over its Apple Arcade game subscription service for iOS, alleging that consumers overpaid because Apple didn't allow other game services such as Microsoft xCloud, Google Stadia, Facebook Gaming, and GeForce Now to be offered on the iPhone and the iPad. The consumer plaintiff's name is John Pistacchio.

When the deadline for responding to a complaint is up, a defendant must either file an answer to the complaint or a motion to dismiss the case at this earliest procedural juncture. For example, Google brought a motion to dismiss Epic Games' antitrust complaint over its Google Play terms and policies, while Apple decided to defend itself against Epic's App Store case, though some of Apple's defenses would also be typical arguments in favor of outright dismissal.

The Pistacchio case, however, is not on the same schedule as various other App Store cases pending before Oakland-based Judge Yvonne Gonzalez Rogers in the Northern District of California. And that case is now falling even further behind as Apple elected to ask the court to toss that complaint (this post continues below the document):

20-12-17 Apple Motion to Di... by Florian Mueller

In the Pistacchio case, Apple is represented by Paul Weiss attorneys Karen Dunn and Bill Isaacson, who already counted Apple among their clients while they were with Boies Schiller.

Apple's lawyers say "[Pistacchio] attempts to stake a flag all his own in a little corner of the broader App Store actions by implausibly alleging that Apple’s innovative subscription service, Apple Arcade, is a monopoly." There's no question that the Pistacchio case is an outlier. While other cases such as Pepper v. Apple and Epic Games v. Apple tackle the alleged App Store monopoly (some from a consumer and others from a developer perspective), Pistacchio is narrowly focused on the Apple Arcade gaming service.

Antitrust plaintiffs always seek to define the relevant antitrust market(s) as narrowly--and defendants as broadly--as possible. A narrow definition may be perfectly appropriate. However, implausibly narrow definitions result in dismissal, as the Ninth Circuit held a couple of years ago in Hicks v. PGA Tour. A market definition must be "natural" as opposed to "contorted to meet [a given plaintiff's] litigation needs."

Apple's motion criticizes that the relevant product market according to the Pistacchio complaint (the "iOS Subscription-Based Mobile Gaming Services Market") is not only about a single company (Apple) and a single product (Apple Arcade) but defined "by the way that users pay for it: a subscription fee."

According to Apple, courts don't accept that criterion. Instead, even if one focused only on iOS games, one would have to take into consideration that "the App Store offers offer more than 900,000 third-party mobile games, many of them free" (I just added one such game to the list). Apple argues that anybody could do what Apple Arcade does and offer such games on the App Store, and offer a subscription covering multiple titles. That may not be the business model of the alternative gaming services Pistacchio says Apple prevents from competing, but Apple notes that others can't force Apple to do business with them on their preferred terms. Much less, according to Apple, could a consumer like Pistacchio bring a complaint over a denial of access to what is allegedly an essential facility. That is the second part of Apple's argument for dismissal.

Getting back to the first part, Apple's motion says Pistacchio's proposed market definition is "a gerrymandered market." Gerrymandering is a term that describes an opportunistic definition of an electoral district. On maps, gerrymandered districts are often characterized by a shape that is contiguous, but simply not natural.

What may be seen as another aspect of Apple's allegation of gerrymandering is that the Pistacchio complaint doesn't claim Apple disallowed all other subscription-based gaming services than Apple Arcade. Even Pistacchio acknowledges that some are indeed allowed--and others would be allowed if "the requirement that games must be downloaded directly from the App Store" was met.

Apple's motion also disputes the plausibility of Pistacchio's allegation of overcharging, given that the $4.99 monthly subscription price Pistacchio claims to have paid for Apple Arcade "is exactly in line with, or lower than, that of the other subscription gaming services that entered the market after Apple."

I wouldn't bet money on the Pistacchio complaint surviving this motion to dismiss. It may simply have been an overly ambitious and somewhat premature case. Whatever happens in that particular case, subscription-based gaming services are a topic worth watching. For instance, Microsoft will offer its xCloud streaming service on iOS--not in the form of a native iOS app (for the time being), but a web app (HTML5). There's certainly a potential for conflict between Apple and the providers of such services. It appears that Google allows certain business models and technical approaches on Android that wouldn't pass Apple's app review. But it may take a gaming service provider to complain. A consumer class action might be the wrong vehicle.

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Friday, July 22, 2011

Lodsys sues Rovio over Angry Birds for iPhone and Android

Today Lodsys has amended its complaint against mobile app developers and modified the list of defendants, leaving out one of the seven developers sued on May 31 (Vietnamese company Wulven Games) but adding five famous games companies:

  • Rovio is accused of infringing at least one of Lodsys's patents with Angry Birds for iOS and Angry Birds for Android -- here's the related paragraph (click to enlarge):

  • Electronic Arts: The Sims 3 for iPhone

  • Atari: Atari's Greatest Hits for iPhone and Atari's Greatest Hits for iPad

  • Square Enix: Big Hit Baseball for iPhone and Big Hit Baseball for iPad

  • Take-Two Interactive: 2K Sports NHL 2K11 for iPhone

The number of defendants in this lawsuit has now increased from 7 to 11 (7 original defendants, 1 left out, 5 new ones added). Here's the header of the amended complaint:

I have also uploaded the complaint to Scribd.

This amended complaint shows several things:

With today's amended complaint, Lodsys is currently suing a total of 37 defendants, and there may be more to come.

In this context I'd like to recommend an article written by a staff attorney of the Electronic Frontier Foundation in light of the fact that there are app developers who have removed their products from the U.S. market due to the rampant patent troll problem (a fact that was reported on by The Guardian).

If you'd like to be updated on the smartphone patent disputes and other intellectual property matters I cover, please subscribe to my RSS feed (in the right-hand column) and/or follow me on Twitter @FOSSpatents.


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Quizcover game app (by Quizista GmbH) [U.S. trademark application data on Justia.com]