Posts Tagged ‘law’

Making and distributing Bot programs is illegal

July 18th, 2012

Constitutional Court reached a verdict that the prohibition of making & distribution of bot programs is constitutional.

The constitutional complaint started with prohibiting making & distributing bot programs or related hardware from July by reforming the promotion of the game industry act.

After the law goes into effect, CEO from a bot program making company files a constitutional appeal against it. Constitutional Court overruled the appeal with unanimity. The court made a decision that bot programs is not limited to tools that make game playing easier, but also ruin the system that is built very carefully. They could give damages to other players.

In addition, bot programs could cause damages to game companies as well as promote gambling since they used to use for real money trading.

The decision from Constitutional Court would be a reference to restrict using those programs and hardware. However, there still be a matter of debate because the decision is about prohibiting making & distributing bot programs and hardware, not about using them.

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New RMT Prohibition Law Willing to Block Gold Farmers

January 27th, 2012

A prohibition law of real money trade(RMT) for virtual item led by the Ministry of Culture, Sports, and Tourism(MCST) was revised significantly yesterday.

The revised law prohibits RMT from only those who own corporation or business license while the previous one had banned all the RMTs from Teen games whereby even adult players who play the Teen games could not cash out their items.

So the adults are now legally allowed making money out of their virtual items via a legal broker site while so called professional gold farmers who grind virtual items as a job to sell them to other gamers with the real money are completely blocked.

The game industry is looking forward to rooting out the gold farmers who have generated abnormal amount of in-game money and items.

However there are still the odds the gold farmers might disguise as personal traders instead of professional traders because they have just needed the business license in order to be legally exempted from paying taxes. So they can still do their job and pay little bit more taxes now.

“The new law will definitely bring a certain outcome since it literally blocks the teens’ RMT. But I still doubt if this could block the gold farmers using all kinds of expedients. To be more effective, more laws are needed to clarify the regulation,” said an industry official.

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Don’t Play Games For 2 Hours Or You Will Be Banned

January 25th, 2012

The Ministry of Education, Science, and Technology(MEST) is reportedly reviewing a policy that forcibly bans young students’ online game accounts played either for two hours consecutively or for more than three hours a day.

The MEST believes the game addiction derives from not specific playing period but amount of playing time. Therefore it insists a certain restriction according to each age besides the time restriction-the Shutdown Systems-is needed.

The policy is being developed on the premise that the game addiction caused a suicide accident happened in Daegu last year. So the MEST deeply understands the games are harmful.

Some questioned equity and effectiveness of the policy because its targets are basically the PC online games that can be shut down easily.

“We had not concatenated the game to the education policy because we had considered it as one of leisure activities for the students. But we now believe that the game addiction impacts on the school life significantly,” said an official from the MEST.

But the industry’s view is different. They see this situation as that the government is actually making the games a scapegoat for its failure of the education system. Moreover there are concerns that violation of policy has been made as recent game related laws came not from the charged ministry, the MCST(Minstry of Culture, Sports, and Tourism), but from other ministries, the MEST and the MGEF(Ministry of Gender Equality and Family).

 

The Game Industry “It’s a Triple Regulation.”

According to the game industry, the MEST’s policy is backed up by a theory that playing a game for a long time affects negatively both body and brain. However the basis is just a hypothesis that has not been even approved medically.

Especially, they are criticizing that the policy is a typical bureaucratic administration following the forcible shutdown system of the MGEF and the selective shutdown system of the MCST.

If the third restriction takes effect, total three powerful laws will help helpless parents stopping their born-to-study children from playing the online games over night or for more than two hours a day.

“If the game industry is really a trouble maker, then the related governments should discuss and provide a guideline to instruct us. Making similar policies from three different ministries does not make any sense at all. The two shutdown systems of the MGEF and the MCST should be repealed if the MEST’s regulation is reasonable,” said an industry official.

Meanwhile, the MEST has announced that it will reduce the amount of curriculum for elementary, middle, and high school students by 20% by 2014, scaling down Morality course which is essential for personality education for students.

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Government Defines Jackpot Probability to Stop Speculation

October 13th, 2011

Ministry of Culture, Sports, and Tourism(MCST) is working on an administrative guideline to regulate speculative game items. The detail of the guideline will be introduced in November at latest.

KiJung Lee the director of Game Content Industry of MCST explained “So far we have let the industry manage the issue autonomously. While some have followed the self-rule some have not. Therefore we need to define a certain official guideline based on feedback from the companies, even if it would be still the same, for them to follow otherwise the autonomous rule will be fizzled out as time passes or new companies would not recognize the rule at all.”

Define the Probability Range of the Jackpot Items

MCST first asked the game industry to suggest the guideline in favor of them by this October. If MCST does not like the offer it will work on it directly.

“The guideline for the probability is needed. The jackpot item is getting popular among the industry and its range of probability is sometimes up to 100 times which encourages speculation badly,” said Lee. “The jackpot item must feature whatever that increases the probability with one’s effort. Simple draw for miracle is defenately speculative.”

GRB Will Use the Guideline

If the administrative guideline comes out, it could affect rating review of Game Rating Board(GRB) because GRB would use it as a criterion for the speculative aspect.

GRB normally review all the modified contents of games, simply patches or updates, in order to see if they are appropriate for the current rating. If not appropriate, it proceeds re-review of the game.

Hand In the Data

In order to clearly judge if the company follows the guideline, GRB needs to see the exact data of the probability of the jackpot item. However the industry has refused to file the data for reason of business confidence. So MCST is trying to make them hand in the data to GRB.

At the game law enforced last July, GRB added a few lines to its goal of foundation to embrace the role of preventing possible speculation induction or encouragement and have right to request any required data.

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Useless Open Market Law Built Galapagos Wall

September 20th, 2011

A partial amendment regarding law of gaming industry named Open Market Law has been approved for two months but government found that it is not working as it is expected.

The Open Market Law is to allow post-evaluation for games not rated 18+ in the open market of mobile devices such as smartphone and tablet PC.

This law should have allowed opening game category in Apple appstore and Google Android market by now but both big market providers have not yet opened it somehow. Even Korean provider SKT and KT are not starting the post-evaluation neither.

“Ministry of Culture said they have talked and concluded with the open market providers like Apple and Google then, but Apple has not even talked with them and reportedly Google has expressed its negative opinion to them,” said ByungHun Jun MP. “KT and SKT which are holding 80% of market share in Korean mobile game market are not doing not much after the law, which means there was no prior consultation at all. It also could mean they are being neglected of duty.”

He continued criticizing the government who is restricting software industry with the Open Market Law, Forcible Shutdown System, etc.

He pointed out that the Open Market Law’s ‘repealing the prior evaluation for all the games except 18+ games’ is actually incapacitating the original goal of the Open Market Law and is becoming ‘Closed Market Game Law’. In reality, there are not many mobile games except 18+ games and the exceptive clause that they should get prior evaluation is very closed system.

In addition, unlike the purpose of the Shutdown system there are so many possible side effects such as stealing someone’s social number and selling accounts. It is forcing all the games to be affected under the Shutdown system by overexpanding the restriction range.

Jun said “The world is trying to make global services with common standards, Apple’s appstore and Google’s Android market are the examples, but we, Korea, are building our own Galapagos wall by ourselves. Outdated government is just eating our competitiveness off.”

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