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Game Ownership and "Creep"

2

Posts

  • Metal Gear Solid 2 DemoMetal Gear Solid 2 Demo Registered User regular
    edited April 2010
    Rent wrote: »
    Dyscord wrote: »
    Rent wrote: »
    I uh what really Dyscord

    Is this you being serious or are you being intentionally sarcastic

    I'm being serious

    would you prefer a legally oriented response or are you strictly interested in ethics

    Let's go ethics

    Because I'm curious to find out how creating a whole new game based off an old one's engine (CS) is similar to stealing videogames

    modding isn't hacking hth

    Metal Gear Solid 2 Demo on
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  • RentRent I'm always right Fuckin' deal with itRegistered User regular
    edited April 2010
    Rent wrote: »
    Dyscord wrote: »
    Rent wrote: »
    I uh what really Dyscord

    Is this you being serious or are you being intentionally sarcastic

    I'm being serious

    would you prefer a legally oriented response or are you strictly interested in ethics

    Let's go ethics

    Because I'm curious to find out how creating a whole new game based off an old one's engine (CS) is similar to stealing videogames

    modding isn't hacking hth

    modding = hacking the game engine, does it not? Well, excepting mod tools but those don't always exist

    Rent on
  • SmokeStacksSmokeStacks Registered User regular
    edited April 2010
    There is a difference between hacking and criminal hacking.

    SmokeStacks on
  • RogerClyRogerCly Registered User regular
    edited April 2010
    God how about you stand by your insults instead of being the most passive-aggressive person alive

    Understood.

    You sir, seem to be obtuse in the extreme and willing to interpret a deliberate attempt at humor as an actual character attack. I have no basis for knowing the extent to which you are, or are not, bucktooth and I would hope that would be obvious. I fault you for this.

    I do not fault you for any flaw of parentage, choice of sexual partner or physical deformity.

    RogerCly on
  • Metal Gear Solid 2 DemoMetal Gear Solid 2 Demo Registered User regular
    edited April 2010
    Rent wrote: »
    Rent wrote: »
    Dyscord wrote: »
    Rent wrote: »
    I uh what really Dyscord

    Is this you being serious or are you being intentionally sarcastic

    I'm being serious

    would you prefer a legally oriented response or are you strictly interested in ethics

    Let's go ethics

    Because I'm curious to find out how creating a whole new game based off an old one's engine (CS) is similar to stealing videogames

    modding isn't hacking hth

    modding = hacking the game engine, does it not? Well, excepting mod tools but those don't always exist

    Ah, no it's not, not when the tools are provided with the product such as in the example you provided. There are some 'mods' that hack the engine without tools to change stuff, but not total conversions ("whole new games") you mentioned. Modding in this way is agreeable with the EULA as long as you're not making a profit.

    But you're diluting your original point.

    Still wondering why it's ok to advocate breaking a game's EULA but not pirating it

    Metal Gear Solid 2 Demo on
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  • apotheosapotheos Registered User, ClubPA regular
    edited April 2010
    So how about we turn up he knob labeled "respecting your fellow posters", thank you kindly.

    apotheos on


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  • Eat it You Nasty Pig.Eat it You Nasty Pig. tell homeland security 'we are the bomb'Registered User regular
    edited April 2010
    Rent wrote: »
    Dyscord wrote: »
    Rent wrote: »
    I uh what really Dyscord

    Is this you being serious or are you being intentionally sarcastic

    I'm being serious

    would you prefer a legally oriented response or are you strictly interested in ethics

    Let's go ethics

    Because I'm curious to find out how creating a whole new game based off an old one's engine (CS) is similar to stealing videogames

    you are the only one in this thread comparing anything to theft.

    Like any copyrighted work, buying a copy at the store doesn't mean you can do whatever you want with it, it means you are entitled to use it in specific ways. As we frequently see with "abandonware" titles, the creators don't just stop having control of their properties because a fan somewhere decides they aren't supporting them properly.

    edit: and yeah, valve as far as I know has always acknowledged and encouraged the mod community, so that example kind of falls flat

    Eat it You Nasty Pig. on
    hold your head high soldier, it ain't over yet
    that's why we call it the struggle, you're supposed to sweat
  • RogerClyRogerCly Registered User regular
    edited April 2010
    I would think that based on their position with regards to how much the End User "owns" the game that many of these publishers would disagree with modding of any sort. Especially those that are not enlightened enough to consider that it may extend the life of their game.

    Any sort of modding to extend the multiplayer life of the Madden games, for instance, would sharply deviate from what their sales model seems to be. I reckon that they would have something to say about that.

    RogerCly on
  • RentRent I'm always right Fuckin' deal with itRegistered User regular
    edited April 2010
    Ah, no it's not, not when the tools are provided with the product such as in the example you provided. There are some 'mods' that hack the engine without tools to change stuff, but not total conversions ("whole new games") you mentioned. Modding in this way is agreeable with the EULA as long as you're not making a profit.

    But you're diluting your original point.

    Still wondering why it's ok to advocate breaking a game's EULA but not pirating it

    Ah, that I did not know

    I guess to me, it's 100% intention here, and who it affects

    I think breaking your EULA only affects you potentially negatively, as opposed to pirating which affects everyone who created the game up to and including a potential sale, negatively
    Dyscord wrote: »
    you are the only one in this thread comparing anything to theft.

    Like any copyrighted work, buying a copy at the store doesn't mean you can do whatever you want with it, it means you are entitled to use it in specific ways. As we frequently see with "abandonware" titles, the creators don't just stop having control of their properties because a fan somewhere decides they aren't supporting them properly.

    edit: and yeah, valve as far as I know has always acknowledged and encouraged the mod community, so that example kind of falls flat

    I'm confused as to what ways I couldn't use, say, a book which don't directly fall under piracy

    Same with movies

    Rent on
  • zilozilo Registered User regular
    edited April 2010
    Some of you guys are making an awful lot of assumptions about what is involved in running online services for a cross-platform game. At least, that's what was happening before things got weird in here.

    I would maybe try to frame your argument in terms of the consumer's rights without basically guessing at how many people are affected vs the burden borne by the provider.

    zilo on
  • SmokeStacksSmokeStacks Registered User regular
    edited April 2010
    Isn't there a hullabaloo going on as to whether or not EULAs are even enforcible?

    Seems like something we might want to nail down before we start discussing how terrible it is to break one.

    SmokeStacks on
  • RentRent I'm always right Fuckin' deal with itRegistered User regular
    edited April 2010
    Isn't there a hullabaloo going on as to whether or not EULAs are even enforcible?

    Seems like something we might want to nail down before we start discussing how terrible it is to break one.

    I was going to say, EULAs, unless we're going into piracy stuff, seem like freedom of speech/expression infringements

    Rent on
  • UnbreakableVowUnbreakableVow Registered User regular
    edited April 2010
    I, for one, commend EA on their efforts

    They could do better, however, in getting people to avoid playing Mercenaries 2

    They could stop selling it altogether, perhaps

    UnbreakableVow on
  • RogerClyRogerCly Registered User regular
    edited April 2010
    Perhaps I missed this, but though Mercenaries 2, Battlefield, etc are "cross platform" their users don't interact across these platforms correct?

    My point is simply that as a group gamers ought to be less willing to support server-side DRM in games where it is not the inherent an unavoidable consequence of the game itself.

    I think that the "creep" entered into our mindset when more people began to play games that authenticated with unique keys such as WoW. Absent a basic understanding of the underlying servers and whatnot that may have done a great deal to normalize that type of authentication.

    Now that its appearing in single player games its already been accepted to an extent. I think most here can agree that this sort of thing wouldn't have been supported five years ago. Perhaps the extent to which the EULA language could be enforced wouldn't have even reached that far before DMCA.

    RogerCly on
  • Eat it You Nasty Pig.Eat it You Nasty Pig. tell homeland security 'we are the bomb'Registered User regular
    edited April 2010
    Rent wrote: »
    Dyscord wrote: »
    you are the only one in this thread comparing anything to theft.

    Like any copyrighted work, buying a copy at the store doesn't mean you can do whatever you want with it, it means you are entitled to use it in specific ways. As we frequently see with "abandonware" titles, the creators don't just stop having control of their properties because a fan somewhere decides they aren't supporting them properly.

    edit: and yeah, valve as far as I know has always acknowledged and encouraged the mod community, so that example kind of falls flat

    I'm confused as to what ways I couldn't use, say, a book which don't directly fall under piracy

    Same with movies

    If you were to set up your own free or cheap movie theater, then buy retail copies of movies and show them to whomever wanted to come, it wouldn't be all that long before you received a C&D.

    I also question how piracy of a game can be said to affect everyone in the production chain, but breaking the EULA somehow does not. Who makes that distinction, you or the rightsholder?

    Eat it You Nasty Pig. on
    hold your head high soldier, it ain't over yet
    that's why we call it the struggle, you're supposed to sweat
  • -SPI--SPI- Osaka, JapanRegistered User regular
    edited April 2010
    I, for one, commend EA on their efforts

    They could do better, however, in getting people to avoid playing Mercenaries 2

    They could stop selling it altogether, perhaps

    Seriously. Not to mention that if someone is still playing Mercs 2 in a post Just Cause 2 world, then I don't know what to say to them.

    They have no-one to blame but themselves.

    -SPI- on
  • RentRent I'm always right Fuckin' deal with itRegistered User regular
    edited April 2010
    I, for one, commend EA on their efforts

    They could do better, however, in getting people to avoid playing Mercenaries 2

    They could stop selling it altogether, perhaps

    Hahahah

    Perhaps they could package it with a game even less desirable?

    Rent on
  • RogerClyRogerCly Registered User regular
    edited April 2010
    Dyscord, you seem to be up on the legal side of this, contracts of adhesion have full support under U.S. law, correct? Without that changing I can't see the EULA violations thing going away.

    Also, -SPI- You have no idea, if Just Cause 2 had multiplayer how happy I would be. That whole game really underscores how much Mercs 2 needed a parachute.

    RogerCly on
  • SmokeStacksSmokeStacks Registered User regular
    edited April 2010
    Dyscord wrote: »
    If you were to set up your own free or cheap movie theater, then buy retail copies of movies and show them to whomever wanted to come, it wouldn't be all that long before you received a C&D.

    What if somebody did it with books? And, even worse, let people take them home for free and read them without having to buy them?

    [But then again, books don't have an EULA I guess.]

    SmokeStacks on
  • RoyceSraphimRoyceSraphim Registered User regular
    edited April 2010
    If you pirate a game, you are simply stealing and not violating the EULA since you never signed it. Violations of the EULA once you bought and played the game....honestly, I don't sweat it since I have no intent to copy and disseminate the core paid product to those who have not purchased it.

    RoyceSraphim on
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  • DelzhandDelzhand Registered User, Transition Team regular
    edited April 2010
    There is no one to blame but gamers. Those millions of copies of Madden 20xx that keep getting sold every year? They're moving because people are buying them.

    What's the big deal? Those million copies of Madden 20xx are being bought by people who are willing to, well, buy them. It's not like the production of games is zero-sum. Buy games you like, and let people buy games they like. Getting upset at EA for the Madden scheme because people buy them is like being pissed at rappers because people keep buy rap music, and damnit, you hate rap music.
    Isn't there a hullabaloo going on as to whether or not EULAs are even enforcible?

    Seems like something we might want to nail down before we start discussing how terrible it is to break one.

    EULAs will never be tested in court, because if the ruling goes against EULAs, every software corp in the US suddenly has to overhaul their legal department at their own expense. Better to have a campaign of consistent harassment towards the consumer and settle with the minute percentage of people who are willing to/can afford to stand up to them.

    Delzhand on
  • travathiantravathian Registered User regular
    edited April 2010
    Dyscord wrote: »
    If you were to set up your own free or cheap movie theater, then buy retail copies of movies and show them to whomever wanted to come, it wouldn't be all that long before you received a C&D.

    What if somebody did it with books? And, even worse, let people take them home for free and read them without having to buy them?

    Another dumb analogy. You can check out movies and music from your local library. That really has nothing to do with displaying that media for an audience, which has nothing to do with EULAs, and everything to do with copyright law.

    travathian on
  • SmokeStacksSmokeStacks Registered User regular
    edited April 2010
    Delzhand wrote: »
    Getting upset at EA for the Madden scheme because people buy them is like being pissed at rappers because people keep buy rap music, and damnit, you hate rap music.

    This analogy would be better if the Rap CD you purchased at full price today ceased to function in a year because someone at the record company hit a switch.

    SmokeStacks on
  • RogerClyRogerCly Registered User regular
    edited April 2010
    Oh sure, I agree with you 100% on the live and let live. But herein lies my problem with what they've done with the Madden franchise.

    By cultivating a large consumer base that accepts that 1 year multiplayer disconnect treatment they've normalized, they established a precedent. That the Madden audience allows that to be done to them gives EA justification for extending that behavior over to games that I want to enjoy.

    If that Madden audience had done what various segments of the community are trying to do now by boycotting AC2 and whatnot, this thing would never have gotten the head of steam that it has. I can't fault them for not caring, I'm sure they're happier for it, it just makes my wretched and shriveled existence that much worse.

    RogerCly on
  • SmokeStacksSmokeStacks Registered User regular
    edited April 2010
    travathian wrote: »
    Dyscord wrote: »
    If you were to set up your own free or cheap movie theater, then buy retail copies of movies and show them to whomever wanted to come, it wouldn't be all that long before you received a C&D.

    What if somebody did it with books? And, even worse, let people take them home for free and read them without having to buy them?

    Another dumb analogy. You can check out movies and music from your local library. That really has nothing to do with displaying that media for an audience, which has nothing to do with EULAs, and everything to do with copyright law.

    The EULA for a game generally states that the license you purchased is for "single use only", meaning you cannot rent or loan it. Quite a few libraries have games available to borrow as well.

    I wasn't making a serious argument so much as I was making fun of the EULA/Copyright situation in this country.

    SmokeStacks on
  • travathiantravathian Registered User regular
    edited April 2010
    Libraries have special exceptions under copyright law.

    Copyright law in general, other than the bullshit length of it, in this country is quite fair. It is the EULA debacle and the DMCA that have borked things up royally.

    travathian on
  • DelzhandDelzhand Registered User, Transition Team regular
    edited April 2010
    RogerCly wrote: »
    By cultivating a large consumer base that accepts that 1 year multiplayer disconnect treatment they've normalized, they established a precedent for Madden games and by extension other EA titles.

    It's not like the rest of the industry is going to uniformly go "hey, what works for EA will certainly work for us, let's all move to this business model".

    Of course, I don't play multiplayer games, so maybe my opinion doesn't matter.

    Delzhand on
  • kleinfehnkleinfehn Registered User regular
    edited April 2010
    Give it enough time and the market will work itself out. If most gamers are these people who buy Madden year after year than the people have spoken. Hopefully the market will realize what is going on and put an end to this, but I doubt it happening anytime soon. It sucks for people like us, but money talks. (us being the type of people who use Penny-Arcade)

    With the new Maddens coming out every year and the servers being shut down really the customer is paying for the use of online play, with some features being added on the side and a new roster. It is like subscribing for WoW, but with football. And the company making the game doesn't care much about quality.

    kleinfehn on
  • SmokeStacksSmokeStacks Registered User regular
    edited April 2010
    Delzhand wrote: »
    It's not like the rest of the industry is going to uniformly go "hey, what works for EA will certainly work for us, let's all move to this business model".

    I think you overestimate most videogame companies these days.

    All they will see is "[Company] is making money off of [Procedure]. If we do [Procedure], we could probably make money too. Let's do [Procedure]." Especially with DRM.

    It happened with manual checks, code wheels, shareware, disc checks, CD-Keys, authentication software (SecuRom, etc), the MMO model, and will likely start to happen with server-based DRM sometime in the future.

    SmokeStacks on
  • RogerClyRogerCly Registered User regular
    edited April 2010
    I'm not arguing that it will be immediate, but if theres extra revenue to be squeezed out of some tactic like that, then other companies will find themselves at a competitive disadvantage if they don't follow suit.

    It seems to me that the only way to keep that from happening is for the sales figures to demonstrate that it isn't a profitable practice. Which I posit will only happen if the sales of those games are low, which they are not.

    I'm not entirely confident that the non-sports game community would reject that treatment if it came right down to it, and it worries me.

    RogerCly on
  • Eat it You Nasty Pig.Eat it You Nasty Pig. tell homeland security 'we are the bomb'Registered User regular
    edited April 2010
    Well, most games don't have what are essentially full price, serialized updates coming out every year.

    Honestly I'm a little bit surprised that EA hasn't just started selling madden as a subscription franchise a la MMOs.

    Eat it You Nasty Pig. on
    hold your head high soldier, it ain't over yet
    that's why we call it the struggle, you're supposed to sweat
  • zilozilo Registered User regular
    edited April 2010
    There's a cost factor you guys are completely missing. Supporting, say, Madden 2009 (which was released in 2008) today would cost more than you apparently think it would. It's not simply authentication- there's matchmaking, leaderboards, stats, mountains of metrics, running leagues, packet reflectors, the list goes on. It's not like there's an old 386 sitting in somebody's closet that handles the networking backbone of an immensely popular franchise like Madden. And you can't simply piggyback 2010 on 2009's services and run them concurrently- that's just not how it works. New game, completely separate infrastructure.

    And there's the human factor. Do you know how many people would still play Madden 2009 per day now that 2010 is out? Dozens. Maybe. If it were triple digits I would be astounded. The same goes for Mercs 2. It sucks that you're one of the vanishingly few people affected, RogerCly, but there it is. The sun has set on that game.

    My fondest wish would be that Fox would hire out Joss Whedon and company to make a dozen more seasons of Firefly but it's just not cost-effective for them. Doesn't make it any easier for me to swallow though.

    zilo on
  • SmokeStacksSmokeStacks Registered User regular
    edited April 2010
    zilo wrote: »
    The sun has set on that game.

    I can fire up Unreal Tournament right now and find or start a multiplayer game. Unreal Tournament was released eleven years ago.

    The cost of maintaining servers isn't really something you can argue, since if EA released dedicated server software for Mercs 2, they wouldn't pay a cent in server upkeep. The people who wanted to play the game would have to shoulder that cost.

    All in all, it would seem like a pretty good move for a company - satisfy a few hardcore fans, get a few points of positive PR, and you'd get to ditch the responsibility and cost of hosting servers all at the same time.

    SmokeStacks on
  • RogerClyRogerCly Registered User regular
    edited April 2010
    Yeah, it is unfortunate. I can see where they'd drop multiplayer support for those titles if the costs are that way. However, is it then right that they continue to sell and advertise those disabled multiplayer features as they have been with Mercs 2?

    And in the Mercs 2 example, you don't even need dedicated server software, just a patch to remove the authentication since its locally hosted anyway. With Pandemic gone though, thats probably not likely at all.

    Come to think of it, who owns the right to Pandemic's stuff now, EA? They may not even be able to legally modify it.

    RogerCly on
  • finnithfinnith ... TorontoRegistered User regular
    edited April 2010
    zilo wrote: »
    The sun has set on that game.

    I can fire up Unreal Tournament right now and find or start a multiplayer game. Unreal Tournament was released eleven years ago.

    The cost of maintaining servers isn't really something you can argue, since if EA released dedicated server software for Mercs 2, they wouldn't pay a cent in server upkeep. The people who wanted to play the game would have to shoulder that cost.

    All in all, it would seem like a pretty good move for a company - satisfy a few hardcore fans, get a few points of positive PR, and you'd get to ditch the responsibility and cost of hosting servers all at the same time.

    Are you really citing one of the most prolific FPS games ever made? The fact is that with UT the community still wants to play it. The same community does not exist for Madden games. Most of those people move on to the sequels. This would be true for most games they've canceled support for.

    I guess for Mercs 2 they simply wanted people to move on to other games.

    finnith on
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  • -SPI--SPI- Osaka, JapanRegistered User regular
    edited April 2010
    They didn't want people to move onto other games, the people already had. EA shutdown a bunch of servers when they did the Mercs 2 ones. All those games accounted for .03% of peak numbers. The games were already dead, and EA rightfully decided to use the money and resources for where the 99.07% of people are.

    There was probably more people involved keeping Mercs 2 online than playing it.

    -SPI- on
  • travathiantravathian Registered User regular
    edited April 2010
    finnith wrote: »
    The fact is that with UT the community still wants to play it. The same community does not exist for Madden games. Most of those people move on to the sequels. This would be true for most games they've canceled support for.

    I am quite sure you have some sort of evidence to support this right? And keep in mind that most people have moved on from UT, but that has jack crap to do with the fact that some people still play it. Most people may have moved on from last years Madden, that simply means that some people haven't. If they didn't have such a shitty server/MP model people could continue playing it if they wanted, as Smokestacks already mentioned.
    -SPI- wrote: »
    There was probably more people involved keeping Mercs 2 online than playing it.

    You obviously know nothing about server management. If the game is no longer being patched and you have the server configured correctly it can sit there unattended for years chugging along hosting games without a glitch. If you have to sit there and baby sit a server you're doing it wrong. So no, there were not more people involved in keeping the game online than there were players.

    travathian on
  • SollahSollah Registered User regular
    edited April 2010
    The only reason I bought Mercs 2 was because it was co-op. I bought it for the 360 though, so I don't think I'm affected?

    Sollah on
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  • RoyceSraphimRoyceSraphim Registered User regular
    edited April 2010
    ...talk about getting off topic.
    Before the weather kills my connection again, I would like to point out that in my opinion, talking about madden as a viable game option is a rather mute point considering it, and many sports games in general are built around a failed idea. The game doesn't let you evolve the league very well, feel free to prove me wrong but I haven't seen a madden game that advertised a system that keeps up with the real world. Its always out of date and EA is always moving toward the better, prettier, more in depth, more accurate version. Its always going to be $50 every year and someone is going to buy it.

    Its like D & D with the rules and set pieces constantly being mothballed every year.

    Why is this a mute point, because EA doesn't care about madden in terms of a game, they perfected solid football gameplay 10 years ago, from that point on, when you got basic football down, it was just keeping the names on the little dots and giving the public more stats to play with. Its a good business model and nothing anyone does (short of making a Madden MMO that you pay $15 a month for) is going to change that.

    Its pointless to compare it to shooters, RPGs, or sandbox games, because they were designed with a 1 year cycle like Madden.

    In terms of DRM, DLC, EULA, and a whole bunch more acronyms tied to gameplay and making money for the publisher. Restricting games to their servers makes sense to keep out cheaters but in the long run, enabling dedicated servers and LAN play keeps the consumer happy. On the one hand, they are becoming so scarce that those games who do have it can use them as a selling point but on the other hand, games that advertise coop and don't deliver are a special kind of wrong that should be settled with a lawsuit. Consider someone buying the Tabula Rasa collector's edition or Hellgate: London CE and finding out they were shut down. That is the point the OP tried to bring across.

    Protesting with piracy is like selling crack to kids so you can buy gas to drive to the store that moved away from people who sell crack to kids. You are only making the problem worse by making that environment less profitable and appealing to the business you want.

    Real protest against PC game trends you don't like involves polite letters to the publishers and designers and using your wallet to fund independent developers and those publishers whose practices you like.

    tl;dr

    Madden and all other games are like apples and oranges, talk with you wallet and not your scimictar.

    RoyceSraphim on
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  • finnithfinnith ... TorontoRegistered User regular
    edited April 2010
    travathian wrote: »
    finnith wrote: »
    The fact is that with UT the community still wants to play it. The same community does not exist for Madden games. Most of those people move on to the sequels. This would be true for most games they've canceled support for.

    I am quite sure you have some sort of evidence to support this right? And keep in mind that most people have moved on from UT, but that has jack crap to do with the fact that some people still play it. Most people may have moved on from last years Madden, that simply means that some people haven't. If they didn't have such a shitty server/MP model people could continue playing it if they wanted, as Smokestacks already mentioned.

    I guess you're right that I'm assuming something that may not be true, but I would think that while it is possible Madden '09 might now have a larger population, I'm pretty certain that most of the games EA has canceled have smaller populations. Besides it doesn't detract from the business sense of shutting down servers.
    travathian wrote: »
    -SPI- wrote: »
    There was probably more people involved keeping Mercs 2 online than playing it.

    You obviously know nothing about server management. If the game is no longer being patched and you have the server configured correctly it can sit there unattended for years chugging along hosting games without a glitch. If you have to sit there and baby sit a server you're doing it wrong. So no, there were not more people involved in keeping the game online than there were players.

    I don't really have any experience with this. Wouldn't there be some maintenance costs, what about the opportunity costs incurred from not using that server for another game or selling it? Power costs?

    finnith on
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This discussion has been closed.