Ryan,
Well, first, my reply was more just me being a flip smart-ass than what you would call an official statement of policy. :) My point, I guess, was that if these guys were really doing something wrong or illegal, I guarantee you that EA would not be linking to them, and would probably be going after them. So, your questions are worth trying to get a more official response. I’m off for holiday break now, but after the new year, I’ll ask the Sims folks to help sort this out. –Jeff

Will we get satisfactory answers? Official licensing? Another forum sticky? Nothing? I think a “To Be Continued…” is appropriate here!

In other news, the Error 12/13 problem with my old save unexpectedly disappeared. (I posted on MATY about it; no, I don’t know what the hell I did to make it work again.) So now I’m on the verge of Generation 6 in my “don’t call it a Legacy”. It’s definitely the furthest I’ve ever played in a Sims game. What? I think it’s cool. Pics soon.

Also, Create-A-World. Man, I plan on having some fun with it, but my handmade efforts so far have sucked, and I tried to import a heightmap only to get crazy spikes everywhere. I have another modding project that I want to finish before starting a new custom town though.

Anyway, I got a public response to my pointed letter on paysites! Yay for corporate sincerity.

Jeff Green writes:

Well, the fact that we link to many of these sites ourselves, as you say, gives you the answer to part of your question: These sites aren’t doing anything wrong. Part of why The Sims is so dang popular is this ability to create and trade objects with other gamers. There are a ton of sites that do this completely for free, too, offering thousands of items at no cost at all. So, really, you don’t have to "put up" with anything. You can ignore the pay sites and go to the free ones. Or, make your own stuff and sell it yourself.  Capitalism FTW! God Bless America!

I posted the following (long) comment to the post on ea.com. In case it fails moderation, I’m posting it below.

Thanks for the response Jeff. I appreciate hearing straight talk on the topic of Sims paysites from an EA rep but I have serious problems with what you’re telling Sims fans.

Firstly, I want to say that if  such sites were officially licensed by EA, there would be no problem. I have no problem with people being fairly compensated for their work, but not if they’re breaking laws to do so. As it stands no paysite has a license from EA to conduct their business.

Secondly, you didn’t address why The Sims is the EXCEPTION to the rule for EA’s games when it comes to charging for user-made content. For example BioWare has spoken out through their forum moderators against any attempts to sell mods or offer them as “donation incentives” (where you must “donate” to receive the content at all) for their games. Doesn’t it disadvantage the large casual audience of The Sims 3, new to gaming, who might stumble on a pay site and not know that there are free ones out there?

Thirdly, your response basically sanctions the selling of derivative works of EA’s assets – in breach of their EULAs – because it’s a free country and a free market. Why then has EA Legal stopped people from trying to sell machinima, even when they were trying to raise money for charity? (Do a web search for "Bloodspell DVD EA" and "Male Restroom Etiquette EA").

Where does this permissiveness end? Can I also rip game art or music from a PC game, upload it and sell that as my own? Is it OK to sell multiplayer cheat hacks for games like Crysis or Battlefield? In a totally free market it’d be logical to do all this, plus pirate games and plagiarise its content without mercy. The only thing stopping that in the real world, apart from one’s morals, are intellectual property and contract laws…

Finally, the Create A World tool that just came out this week for Sims 3 has a clause restricting distribution to "personal noncommercial website(s) for the noncommercial benefit of the fan community." (I know that not all modding uses official mod tools, but a large proportion does.) How are paysites EVER operated for the “noncommercial benefit” of fans? Their very purpose is to generate revenue from commercial transactions – subscription or per-download fees, giving out items in exchange for “donations”, etc. Also, how are the for-profit companies that run some paysites “personal noncommercial website(s)”?

Sorry to chill the vibe of this blog, but I hope this response is seriously considered.

- Ryan D.

Next step? I’m seriously thinking about writing to EA Legal.

Anyway, here’s the contents of my short letter, preserved for online posterity.

(And in case it ever gets a response…but I’m not very optimistic.)

Dear Jeff,
I love The Sims 3, but we fans of The Sims have had to put up with paysites for years. These sites make a tidy profit from selling unlicensed user-made content and mods. As a lifelong PC gamer and modder, it disturbs me that The Sims is virtually the only modern PC franchise where paysites operate so openly and rampantly. I’m not seeing a Dragon Age or Battlefield 2 paysite taking off any time soon, either – it’s just The Sims where you’re ‘allowed’ to stick a price tag on your pixels and get away with it. My question is, why does EA turn a blind eye to Sims paysites? Selling modified game files breaks all sorts of IP laws and the game’s license agreement to boot, so it’s entirely within your rights to be cracking out the legal threats and busting these scumbags. Instead, I see paysites getting endorsed on the official forums and their representatives invited to fan events. What gives?
–Ryan D.

Additional remarks:

• If you search Google for “dragon age paysites” and “battlefield 2 paysites”, guess what? All roads lead to The Sims. That’s how idiosyncratic this problem is.
• If anything the second-to-last sentence is too hot for EA! However, it is factual. Here’s my evidence should I need to back the claims up:

TS3 forum sticky: Custom Content Sites – Share em’ with us! [sic]

• Save parsimonious.org, all the sites listed withhold a portion of their content from non-paying customers. I believe this advertisement is a pretty prominent endorsement of their continuing operation.
• The PMBD definition of paysites: “a paysite is any site that offers user-created content that you must pay for, whether through a donation or a subscription. If it is not freely available to all, it is a pay item.”

Another sticky: SIMPOSIUM Write-ups and Reviews from the attendees

• Both The Sims Resource and Holy Simoly are paysites whose agents attended this recent event. This was just the most recent one: paysites have attended past events, and if nothing changes, future Sims events too. It’s a bit like a cop inviting a gang lord on a skiing trip, isn’t it? (Don’t tell me, I suck at analogies).
• TSR is definitely the worse offender of the two, being an incorporated business and all. That’s just the tip of the murky iceberg that is The Sims Resource.

That’s all I’ve got today. Well, seeing Jeff Green’s name makes me want to go and watch some Curb Your Enthusiasm, so I think I will now. You know, I keep meaning to actually post some screenshots of my TS3 games or something up on this site. I’m sure I’ll eventually get around to it.

Here’s ten fresh controversies for the nutters with microphones. (Keep in mind some of my suggestions are actually saner than others. I needed ten things, OK?)

1. Promiscuity. Well, it is a goal of gameplay in TS2 to have sex with 20 different people. Though you have to play the game to know that, unlike certain critics wailing about penises and labia.
2. Same-sex marriage, acceptance, tolerance, etc. All that stuff the Bible supposedly doesn’t let you do.
3. Insensitive portrayal of persons with mental health issues. EA: insane kleptomaniacs = funny.
4. Exploiting kids with pay stuff. “Dad! I get $10 for free if I sign up!” Dad cracks out the credit card. Next thing you know, the kid’s spent $1000 on Sims stuff and you have one very angry parent appearing on Fox 8 News.
5. Child abuse. AKA leaving babies on cold concrete floors for several hours.
6. Paid organ donation. Well, it’s a pet peeve of mine. Exploitation of people in developing countries, EA?
7. Biking without helmets. DANGER!
8. Godless heathens.
9. Bullying. Or the possibility to do it through repeated poking.
10. Vegetarians. I dunno, something has to be offensive about the way it’s implemented … Oh wait, VEGANS!

Disclaimer: not necessarily a reflection of my own personal opinions.

Regard this as your forewarning.

Well, it was 99% certain to happen early, but the Sims 3 (weighing in @ 4.94 GB) has leaked.

Edit I: SecuROM is BACK. Run.

Edit II: Whispers that it may be an early leak of the Download Edition (already confirmed to contain SecuROM). Jury is out on whether the disc version will have the Blight. Alternately, may be preview code, due to missing content. Smart to wait until retail version is up. Smarter to buy the freakin’ thing.

I’m angry at this. Two reasons.

Firstly, don’t you fucking realise they’ll go back to SecuROM now? They have the perfect excuse, don’t they? The EA seniors will lament using weak DRM and slap SecuROM on the next expansion that comes out. They must still have a contract with Sony.

All because of an early leak. And I am more angry and frustrated because really there’s nothing individuals can do about it. It’s macroeconomics. Hundreds of thousands (millions?) will pirate because it’s free and there’s almost zero marginal cost. I am against oppressive DRM as most gamers are, for obvious reasons, but this sort of phenomenon is a slap in the face to honest people.

The cycle will go on. Hardcore pirates will unabashedly pirate games, hide behind weak excuses of ‘I HATE DRM’, and publishers, as corporations, will respond in the same way they’ve always done.

Secondly, I admit to pirating games (so don’t call me a hypocrite for saying this). I’ve done it because of why everyone does it. It’s free. It’s easier than going out and finding a copy of the game. Sometimes, it’s easier than finding a copy you own in your own house. So, I’m admitting I would be tempted to download it right now. Just to poke around the files, see what its like, etc. I’m dead set on buying it, but that doesn’t excuse the crime. I wholly admit to doing it rather than hiding behind groundless, pithy justifications.

But in my country, bandwidth is a rip off! I have gone over my bandwidth cap for the month (well, I pin the blame on others in my household, I pay the whole bill though) and I’m on a 64kbps connection until the 30th. I have to spend a substantial amount of money on 50GB of bandwidth and ensure it lasts the month, which is a check on torrenting stuff willy-nilly.

So, game companies? If you want to stop pirates, buy the internet companies and force people to accept ridiculous bandwidth costs. I guarantee it will work in Australia at least.

…

Phew. That feels better.

What nefarious schemes will EA implement instead? Here are some ideas for them…

1) Intentionally program the game ‘broken’, and release a day-one patch while restricting its downloading as much as possible to genuine owners. Games for Windows Live, etc. Issue a statement on your official forums; don’t acknowledge what you did but apologise for the issues and then accuse people with broken games of piracy. Hilarity ensues.

2) Create an awesome bonus feature for your game that increases its replayability 500% OR makes the game so much more functional that it’s practically a necessity for all serious players. Restrict the Awesome Bonus with a one-time code packaged with new copies of the game. Gamers will complain: “It’s too Awesome! Why isn’t it in the game itself? I don’t want to download it!” Accuse the complainers of being pirates. Six months later, release the update for $10. Leave it out of the ‘game of the year’ edition just to piss off a few more people. Extra points if Awesome Bonus isn’t ready for three months.

3) Package the game with a proprietary content delivery system which is a mandatory install with the game. Make it impossible, or at least heavily frustrating, to play the game without the PCDS running in memory, chewing up system resources. Accuse anyone who complains of being pirates.