How do you decide whether emergent gameplay is an exploit or a “creative use of magic?”
In baseball, it’s against the rules to intentionally hit a player with the ball. It still happens frequently — so frequently, in fact, that a recent California Supreme Court 6-1 ruling overturned a college batter’s lawsuit against a pitcher who hit him in the head, causing injury.
[Justice Kathryn Mickle Werdegar] … said it didn’t matter that intentionally throwing at a batter is forbidden by baseball’s own rules. She cited an impressive array of baseball legends — including St. Louis Cardinals manager Tony La Russa, Los Angeles Dodgers Hall of Fame pitcher Don Drysdale and New York Giants pitcher Sal “The Barber” Maglie — who have claimed brushbacks are an integral part of pitching tactics.
The sole dissenting judge noted that “intentionally hitting another person in the head with a hard object thrown at a high speed is highly dangerous and is potentially tortious, no matter whether the object is a ball thrown on a baseball field or is a rock thrown on a city street.” Astute, eh?
Jeffery Standen, a law professor at my hometown’s own Willamette University, writes an interesting blog on sports law. In his articles about this incident, he laments the legal system’s reliance on “grand empirical pronouncements based on anecdote, if based on anything at all.”
The usual approach to questions of this type is for a court to wonder whether or not people in this situation (batting in a baseball game) reasonably “expect” beanball pitches. This is a factual, empirical question, and the court’s answer to this question was derived from anecdote: the court’s opinion recites various instances of beanballs and statements concerning beanballs and concludes that beanballs are within the common expectation of batters. […] what degree of a shared opinion [amongst players] would suffice for a court to decide that beanballs are in fact “normally expected”?
There are two interesting parallels here for online game management:
- Anecdotal evidence — posts on the boards, the developers’ perceived experience — is almost always taken as fact, because the industry, as a whole, doesn’t use metrics nearly as much as it should.
- Rules infractions, if not disciplined, tend to become “part of the game.”
Baseball has metrics. Fans have tracked the “Hit By Pitch” stat for over a hundred years, and a quick glance at Baseball Prospectus shows that the current top 30 pitchers by innings pitched range from one to eighteen this season alone. I’d love to see incidents per game, per team, but I wonder if the California Supreme Court would have cared. There’s no way to objectively tell if a pitcher has deliberately chosen to hit the batter, or if he got unlucky trying to throw an inside pitch.
Let’s say we’re running a live PvP MMO. Players have discovered they can … drop a house on top of a character to move it out of the way. (And really, if you visualize it, it’s about as funny as watching somebody get nailed in the head with a ball.) We can track that! Let’s search our logs for instances of new house placement near locations where lots of characters are dying. Boom — you know who’s doing it and when. What do you with that data?
You can forward the list of offenders to customer service. You can write code that disallows players from placing houses where there are characters. Or you can see that it happens frequently enough, and think it has enough humor value, and really, it doesn’t really hurt anybody, and you can let it go.
How does your opinion change if everybody on the boards is raging about how they hate having houses dropped on top of them? What if everybody thinks it’s fun and creative?
What if you have that player feedback, but you haven’t bothered to check your logs? You have no earthly idea how often it’s happening, even though the guys on the boards say it happens all the time. You don’t know who’s doing it, so even if you want to enforce rules against dropping houses on guys, you have to rely on players to report it in real-time and hope that a CSR’s at work. You’re working blind, just like the California Supreme Court, and when you go back to the players and tell them “well, everybody tells us that dropping houses on people is cool,” you’ll sound just as ignorant.
Sadly, that’s the way it works in just about everywhere.
For fun, here’s a blog about Craig Biggio getting hit by balls. He holds the modern-era record, and has been hit 281 times.