This may be the author’s version of a work that was submitted/accepted for publication in the following source: Humphreys, Sal, Fitzgerald, Brian, Banks, John,& Suzor, Nicolas (2005) Fan-Based Production for Computer Games: User-Led Innovation, the ’Drift of Value’ and Intellectual Property Rights. Media International Australia, 114(February), pp. 16-29. This file was downloaded from: https://eprints.qut.edu.au/5010/ c Copyright 2005 (The authors) This work is covered by copyright. Unless the document is being made available under a Creative Commons Licence, you must assume that re-use is limited to personal use and that permission from the copyright owner must be obtained for all other uses. If the docu- ment is available under a Creative Commons License (or other specified license) then refer to the Licence for details of permitted re-use. It is a condition of access that users recog- nise and abide by the legal requirements associated with these rights. If you believe that this work infringes copyright please provide details by email to [email protected] Notice: Please note that this document may not be the Version of Record (i.e. published version) of the work. Author manuscript versions (as Sub- mitted for peer review or as Accepted for publication after peer review) can be identified by an absence of publisher branding and/or typeset appear- ance. If there is any doubt, please refer to the published source. COVER SHEET Humphreys, Sal and Brian, Fitzgerald and John, Banks and Nic, Suzor (2005) Fan based production for computer games: User led innovation, the ‘drift of value’ and the negotiation of intellectual property rights. Media International Australia incorporating Culture and Policy (114):pp. 16-29. Copyright 2005 (The authors) Accessed from http://eprints.qut.edu.au Media International Australia, incorporating Media and Culture, Issue 114, February 2005, pp16-29 Fan based production for computer games: User led innovation, the ‘drift of value’ and the negotiation of intellectual property rights Sal Humphreys, Brian Fitzgerald, John Banks and Nic Suzor Abstract Fan based or third party content creation has assumed an integral place in the multi- million dollar computer games industry. The emerging production ecology that involves new kinds of distributed organisations and ad-hoc networks epitomises the ‘drift of value’ from producer to consumer and allows us to understand how user-led innovation influences the creative industries. But the ability to control intellectual property rights in content production is critical to the power structures and social dynamic that are being created in this space. Trainz, a train simulation game released by Brisbane developer Auran, which relies heavily on fan created content for its success is used as a case study. The licence agreements between Auran and the fan creators are analysed in order to understand how the balance between the commercial and non-commercial is achieved and how the tension between open networks of collaboration and closed structures of commercial competitive environments are negotiated. It explains the intellectual property issues involved and highlights how the interface between copyright and contract will have a critical impact on this example of user led innovation. Keywords: Computer games, Intellectual Property, Fan production 1 Media International Australia, incorporating Media and Culture, Issue 114, February 2005, pp16-29 Computer games and distributed production networks Digital networks have challenged many of the business models for the distribution of media products. File sharing networks and the ease of digital reproduction are a serious challenge to the institutions and practices of media rights-holders. The emerging models for the distribution and consumption of a variety of media products have occupied public debate for some time now. (Benkler, 2003, Berkman Center for Internet and Society, 2004, Boyle, 2002, Coombe, 2003, Gartner G2 and Berkman Centre for Internet and Society, 2003, Fitzgerald and Bassett, 2003, Frow, 2000). But digital networks also give rise to some more innovative and perhaps more challenging forms that intersect with copyright and intellectual property regimes. Interactive media, enabled by digital networks, present a raft of issues about distributed production rather than distributed consumption and reproduction. Digital networks enable consumers to become producers and the implications for institutional practices, like rights management, are yet to be fully explored. Hartley (2004) has pointed to the ‘drift’ of meaning and value in the media value chain as focus has shifted from the author to the text to the audience or users. He suggests that in the new economy it is essential that we understand the ways in which media and media literacies move from becoming ‘read only’ to ‘read/write’, and relations between publishers and users become more of a ‘conversation’. He contends: Barriers between producers and consumers, currently organized around divisions of labour such as professional and amateur, expensive and cheap, are delineating new relations of consumption. (Hartley 2004:140) In this paper we explore how this ‘drift of value’ works in relation to the negotiations between computer game developers and fan content creation communities. We look at the work of Brisbane games developer Auran as a particularly interesting example of a company seeking to negotiate the complexities of those divisions between professional and amateur, and between open architecture networks and the imperatives of closed platform commerce. Unlike many publishers in this area Auran have taken an exploratory and innovative approach to the challenges presented by this system. 2 Media International Australia, incorporating Media and Culture, Issue 114, February 2005, pp16-29 Computer games are remarkably successful applications. They are exemplary in the digital networked environment, exploiting feedback loops, interactivity and networking opportunities perhaps more than any other application online. Computer games also have a history of strong fan communities which have often been active in creating new content. Fans design new levels, create new ‘skins’ for objects and characters, or code new artificial intelligence (AI) ‘bots’ to play against in a game1. They form ‘mod’ communities (for their game modifications). The developers and publishers of games have been at the forefront in experimenting with business models that encounter these very active communities (Herz, 2002). Some take the attitude that the game and all its code is to be protected at all costs, that any interference with the code is damage or theft and that the developer or publisher holds all rights to the game. Others have taken a more experimental approach and released toolsets to the player communities to facilitate the creation of content. They have actively encouraged mod communities to build a variety of content, and have provided uploading sites for them to share this content with other players. Occasionally they incorporate player created content into the next iteration of the game. Rather than tightening control on their IP, they have released strategic aspects of it to their user communities. Prominent examples include The Sims, a popular single player game about domesticity and retail, with up to 90% of its content created by players, who trade it on the internet (Herz, 2002). Purportedly the best AI bot in the well known first- person shooter game Quake was created by a player. The entire game Counterstrike, one of the more successful games of recent years, was made by a group of players using the game engine of Half-life (Pearce, 2002). Motivations for creating content range from a passionate interest in games or the particular theme of a game (for instance trains, or a particular fantasy or sci-fi genre), to the satisfaction of creating and crafting new material, the social status within their community for making interesting material, or to using it as a pathway into paid employment. It is productive activity that is freely given. Whilst it may end up economically profitable for various stakeholders, this is not the driving motive behind the activity for most fan creators. 3 Media International Australia, incorporating Media and Culture, Issue 114, February 2005, pp16-29 These practices create many issues of interest, not least the issue ownership, negotiation of rights to materials and the effects these practices will have on encouraging or stifling innovation more generally. The companies which choose to foster and encourage mod communities, recognise a source of free content creation and ideas. In terms of labour we increasingly witness business models where products released into the digital market are not ‘finished’, but are ongoing productions, which use both the paid labour of the developers’ workforces and the unpaid labour of the users to continue development. We can see this as a trend in knowledge-based economies. As Leadbbeater noted: The more knowledge-intensive products become, the more consumers will have to be involved in completing their production, to tailor the product to their needs. …In a knowledge driven economy, consuming will become more a relationship than an act … with the consumer as the last worker on the production line…” (Leadbeater, 2000:32-33) In a digital network what we are looking at, then, is not just a changed distribution market for products of a ‘static’ or finished nature, such as songs or written works. We are looking at texts that are not finished, and where the input from users can be a significant part of the production. Computer games are a particularly vivid example of this. The distributed production process harnesses the creativity, innovation and labour of the end-user. Who should own it? Open Source software networks present some similar issues with their distributed production networks. However one of the points of differentiation for games is that they usually represent a hybrid of commercial and non-commercial stake-holders from the outset. Content creation communities for games most often start from a commercial software base.