Assignment :
Understanding Contractual, Legal and Ethical obligations in the games industry
Date Started : 17/03/2016
Date Finished : 17/03/2016
Work by : Connor Farrugia
Assignment Summary
This assignment asks me to choose either a single or a series of games that have faced Contractual, Legal and / or Ethical obligations over its lifetime. I have chosen to do this assignment based on the game series 'Pokemon'. I have chosen this because it contains a wide variety of all the types of obligations previously stated.
Game Series Summary
Main Title at the top left and 4 of the Pokemon that can be found in-game. |
Pokemon is a game series in which the player is given a creature known as a Pokemon and is tasked with collecting 8 gym badges by collecting and battling there Pokemon. The games can also include a side storyline, For instance the player may be tasked with saving the planet from some form of evil or problem.
The structure of this game has been used over and over and there are now currently 15 Pokemon games.
List of Pokemon Games :
Contractual
What is 'Contractual'
A contractual obligation is one in which something such as a Licence or a Court order is used or issued in accordance to an event or infringement, And the person that the order is against must comply with the Contractual obligation or face possible jailing or fines, So in short, A contractual obligation is the result of a legal obligation not being fulfilled or a misuse of intellectual property.
There are very few - If any - Contractual issues that have been faced against Pokemon as a franchise. It is a very original product. So, As to ensure you understand that i know about contractual issues and such, I'm going to talk about Contractual issues and such that Pokemon has claimed on others, Such as :
The Pokemon company sued a fan for infringing on there copyright for $4000. The fan owns a small cafe and has been running a yearly 'Unofficial Pokemon PAX Kickoff party' And the Pokemon franchise sent him a cease and desist letter, Informing him that what he was doing was infringing on there copyright. He decided to keep doing it and is now being sued by the Pokemon company.
The man was given these charges because he was producing posters that he may or may not have sold to others that had licensed Pokemon deceptions on them, For example, If i was to monetize and try to market this blog post i could be liable for a lawsuit or copyright claims due to the deceptions of Pokemon i have in the images above and below!
Legal
What is 'Legal' Obligations?
A legal obligation is one in which Copyrighted contents and/or health and safety, Causes a unlawful use of a product. And thus possible payments, Jail time, Or product bans. May be used in order to make the company comply. For example, If a company is using a copyrighted product in there creation, Then they can be sued, And after the suing has been completed, A contractual obligation may be put in place. Such as a ban from using a certain deception or such as.
The Pokemon games have had very few public legal issues and thus i'm going to give only a single example for legal issues.
Gambling in Pokemon
There has been many changes in the games media and PEGI which have slowly made gambling not available for children within games. This has caused legal issues for Pokemon as they have had many references to gambling within the games. Such as the picture below :
Gambling Table |
Pokemon faced having there games PEGI rating bumped up-to 18 instead of the usual 12-13 and thus they changed and removed all references to gambling within there games, For example. In 'Heart gold' And 'Soul Silver' The Gambling NPC was renamed 'Gamer'.
In the same games, All Slot machines where replaced for a mini-game known as 'Voltorb Flip'
Ethical
What is 'Ethical' Obligations
An ethical obligation is one that will not have any negative side effects forcefully put into the company or product, But the public eye may be negative towards them. For example, If a company discriminates against a religion or race within there product, They may be viewed negatively, And thus the company will have a ethical obligation to change what they have done.
Pokemon has been criticized many times for ethical concerns, From the design of there Pokemon to the core ideas of Pokemon itself. below are 3 examples of ethical concerns.
'Jynx' A racist depiction?
Jynx's Original design |
Jynx is a Pokemon that was first criticized by a 'African American Cultural Critic' Known as 'Carol Boston Weatherford'. She claimed that Jynx was a negative stereotype because of its 'Black skin' 'Over-sized Facial Features' - Such as the mouth, A common racial stereotype. And the Pokemon Seeming reference to 'Drag Performers'
Her Criticisms caused many changes in the Pokemon games and show. Jynx's sprite designs where redesigned to have a purple face instead of the black. And all episodes of the Pokemon show depicting jynx's original design was cut from airing.
Jynx's New Design |
Pokemon are unfairly treated!
Over the lifetime of Pokemon's more recent games, Many Animal rights activists have criticized Pokemon for its possible links to animal cruelty, The most prevalent criticisms come from the group known as 'PETA'.
They claimed that Pokemon battles resembled cockfighting :
PETA's mock game that pits the Pokemon in realistic situations that animals face. Or something. |
On the release of the more recent Pokemon game 'Pokemon Black' and 'Pokemon White' PETA released a mock game known as 'Pokemon Black And Blue' In which the more note-able Pokemon in the franchise are pitted against one another much like in the game but face incredible injury and sustain horrible problems during the game. For example, Pikachu dies very early on.
The Creators of Pokemon have done very little to change there games contents and have only released this statement in reply to the mock game that PETA released :
"Nintendo and the Pokemon Company Take the inappropriate use of our products and intellectual property seriously."
Possible Religious Hatred?
A Jewish civil rights movement known as 'Anti-Defamation League' accused Nintendo of using a swastika in there design of the Pokemon card known as 'Kogas Ninja Trick' :
Possible Swastika in the yellow? |
Nintendo stopped production on the card and issues this statement :
'The symbol was not intended to offend' as the symbol is actually the symbol for peace in many cultures and was flipped and used negatively by the Nazi party. Nintendo remade the card in the design below :
No more swastika! |