Regular readers, or anyone who knows me, has probably figured out about me, I love a good game. Whether it's board games, consoles, facebook apps, or anything else, I adore emersing myself in many forms of time wasting virtual adventures or contests. Bearing this in mind, it should come as little surprise to anyone that when, some time ago, a friend of mine in SL gave me a game HUD trial of a game called Tiny Empires, I became engrossed in it, and soon got my friends playing too, spending a good deal of my time inworld on the scroll in the corner of my secondlife screen, keeping an eye out for land for sale, any potential subjects I could try to recruit, or trying to solve the puzzles that would hopefully reward me with more gold, so I could increase my land holdings, and hopefully move up to the next level in the monarchistic hierarchy.

Tiny Empires is a medieval-themed game, the full version retailing inworld at L$799, with the aim being to get more and more land and gold, and recruit other sl residents to be your loyal subjects whose land then contributes to your own count, helping boost your way up the social ladder. Having spent so much time, and had so much fun, with the game, I decided to hunt the creator, Ultralite Soleil, to have a chat with him about how the game came about:


Voodoo Buwan: So, how long have you been in SL, and what originally drew you inworld?
Ultralite Soleil: Let's see, I started in August 2006 because I read about SL on some techie website. Slashdot, perhaps. I didn't care about the shopping or the so-called adult activities, but I was fascinated to learn that you could build and script things, and retain ownership rights. I used to play MUDs where you could create things, and the idea of SL reminded me of that.I made a few things in sandboxes but nothing too interesting :)
Voodoo Buwan: So, how did Tiny Empires come into being?
Ultralite Soleil: Well, I was looking for something to do, and I noticed that the games in SL at the time were mostly like checkers, or bingo. I sort of wanted a game that I could play with other people, but I didn't want to have to be in the same sim with them. And I also have a background as a RL game developer (my former career). So I just started with a basic idea of a hierarchy game, and it sort of went from there. I got out of game development several years back, because it's a ridiculously insane industry, but the urge to make games is still strong.
Voodoo Buwan: How much of the project was your own baby, and how much help did you have from others inworld with the development?
Ultralite Soleil: Well, as my most loyal players would tell you, I'm a control freak :) I didn't have any help :)
Voodoo Buwan: So kept it all very much to your own vision?
Ultralite Soleil: Yes. Well, in the earliest part of development, I knew I wanted a hierarchical game that 1) could be played anywhere, 2) took advantage of all the people in SL, and 3) was extremely simple to play. But the specifics of the game environment took a while to settle. Of course it was launched as a medieval, feudalism style game, but early on I considered making it a corporate management, ladder-climbing simulation :) I had just left a company in RL that was a bureaucratic nightmare on the order of Brazil, so perhaps it was the hatred of that seeping out :) (Brazil the movie, heh)
Voodoo Buwan: How easy was getting word out in SL regarding the game, as it's definitely one of those that benefits from having a lot of people playing?
Ultralite Soleil: It was quite tough, which is true for any new product in SL. I advertised quite a bit, in-world and in the various websites. But after a few weeks there were just a few dozen players. Then I think it reached some kind of tipping point. The fishing community started to play, and that's when it really took off.They'd fish, and play Tiny Empires at the same time :) But in those first few weeks I almost packed it in, thinking I'd try a different game approach. This was in July 2007, btw
Voodoo Buwan: So perseverance and luck ruled the day?
Ultralite Soleil: More the latter, I'd say :)
Voodoo Buwan: You mentioned about advertising Tiny Empires. How difficult was funding for this, bearing in mind that, once you have the game, it's not exactly a money spinner in the same way games like Zyngo are?
Ultralite Soleil: Funding wasn't really an issue. I spent only my spare time developing it. And after launch, I deposited 10k lindens (I think) as my advertising budget. I don't think I used it up before the game finally took off. But personally, I don't like games with subscription models, so I didn't want to inflict that on my customers. Pay once, play forever. Of course, the add-ons aren't free :D Tiny Empires has one add-on, called Tiny Empires: Federation. It could be called an expansion pack. Basically it lets you do more things in the game.
Voodoo Buwan: How much of a factor is financial success in your assessment of the success of Tiny Empires?
Ultralite Soleil: For me, I'm just blown away by how INTO it people are. That's the biggest factor for me. There are websites about the game, entire sims devoted to the TE theme. There have been RL marriages between people who met through playing the game. For some reason, it seems to bring people together into big families, which is much more fulfilling to me than the L$ it brings in.
Voodoo Buwan: So, what should the residents of SL be expecting from you next? Any upcoming projects you can let us in on?
Ultralite Soleil: Well, I recently (March 10) released Tiny Empires 3000, which is a sort of sequel to Tiny Empires. You play as a space-based merchant, 1000 years in the future, building your spacefleet, and cultivating colonies after a devastating galactic rebellion. It is a game similar in structure to Tiny Empires, but has quite a different feel, as its players will tell you. I'm currently working on an add-on to Tiny Empires 3000, as well as constant improvements to both TE and TE:Federation.
Voodoo Buwan: And finally, do you have any advice you would give to developers thinking about following in your footsteps?
Ultralite Soleil: Hmm, I'd say, start simple. Many new games I see are complicated, over-architected frameworks that are daunting to a new player. Make a basic, simple game, and then introduce complexities as the player advances. One last thing: Tiny Empires is really a simple game, even for high level players. The thing that makes it complex (and interesting) is the people. So a game developer should keep in mind the human element when designing social games. That's it, really.

It was only when I was re-reading my most recent article, on board games, that I realised that something didn't sit right. When writing about AZT's Connect 4 game, I had mentioned that there were three editions of the machine on offer. One that was transfer/no copy, for personal use, one that was copy/no transfer, so that one person could set out many copies of the game for all to play, and a special version, whereby the people playing each had to pay to play, the winner gets more than they put in, and the owner of the game gets a cut, which I referred to as the "gambling version". When re-reading this I was suddenly whisked back to over a year ago, when I was writing for another site, and found myself at the Linden Village, surrounded by angry people waving placards, covering a protest against the then recently introduced ban on gambling in Second Life, in line with the United States' "Unlawful Internet Gambling Enforcement Act of 2006", a comprehensive and enlightening explanation of which can be found here. So, has gambling resurfaced in Second Life despite the rules? Is this new gambling legal? Or is Linden Labs actually not bothering to enforce their own policy?

Looking to further investigate this, I went into the search menu, and tried looking for further evidence. I found no results for "casino" or "gambling" under the classified tab, but when I looked under "gaming" I found a host of places offering cash prizes for playing various games, such as Golden Palace whose advert features a picture offering "The Real Casino Feeling", Fortuna Games who have an ad featuring a photo of a real life Casino, $$Redness Gaming$$ and many many more besides. Considering that casino style gambling is strictly not allowed under the US laws in force in SL. One thing that all of the gaming places that came up in the search had in common was that they offered residents the opportunity to play a game called Zyngo, with the promise of big cash prizes. So, I figured the best way to investigate this a bit more would be to contact the creator of arguably the most popular and widely used Zyngo machines inworld, Aargle Zymurgy, to find out about how his machines have become such a phenomenon, and how they are allowed to exist at all:


Voodoo Buwan: Am I right in thinking that Zyngo is your invention?
Aargle Zymurgy: Well the game itself actually existed outside SL, and I'm not the only implementer. I played a competing version when I first got in SL, but was appalled how badly it ran. So, I set out to make my own with all the features I thought games here should have. Pretty much everything I put in Zyngo was immediately grabbed by other game designers.
Voodoo Buwan: Roughly how many people are making Zyngo games inworld?
Aargle Zymurgy: Currently, I think just 3 of that style. 3 besides me, that is. And under different names
Voodoo Buwan: Have you been surprised by just how successful Zyngo is in SL these days?
Aargle Zymurgy: I'm always surprised here. :-)
Voodoo Buwan: One thing I'm curious about is how the gambling ban in SL affected you, and your sales?
Aargle Zymurgy: In January, 2007 when I started work on it, if you asked me if I'd be doing what I'm doing now, I wouldn't have believed it. I've only had 2 months with declining sales: one was just after the initial gambling ban, things were a bit uncertain for everyone then.... the skill-based games were still secondary to gambling equipment at the time. After that settled out, things were fine. The other was during this past month with the US economy apparently in some turmoil. I'm hoping that smooths out too. :-)
Voodoo Buwan: You'll have to forgive me for not being an expert on how the game works, but can you explain how Zyngo is less gambling, and more of a skill game, than say, Poker?
Aargle Zymurgy: well, ok, I'll admit up front most people find this answer confusing... especially if you mention poker. No-one is saying poker isn't a game of skill. However, it's specifically dis-allowed in SL. so, you can't really bring that into any comparison. No, substitute "craps" in your question, and it can be answered. I have a general rule in game design: if you only choice is to play or not play, then it's a gambling game. Otherwise, there are other factors. Back after the initial gambling ban, I did a classic test on the game.... it was done to whist 150 years ago... I set up a dozen zyngo games what all played identically. Same numbers, jokers, etc. came up every time and that way, I was able to get a group of players and established that some definitely played more skillfully than others. I did the same with Quince. From that point forward, I was just careful with the whole issue.
Voodoo Buwan: Have you had any discussions with Linden Labs regarding all this? Did you have to prove your point to them?
Aargle Zymurgy: I DID prove my point to them. But, at this point, the Lindens still don't do "approvals" of games. However, their governance team knows the developers and knows we know the rules.
Voodoo Buwan: So they have monitored the situation, and know it's all above board?
Aargle Zymurgy: I regularly attend the g-team meetings. I send courtesy copies of my games to members of the team. plus to a few of the developers. It seems a few of them like my games. LOL... I had one here on this little island to check a script I had left out for testing purposes for the dev team, and I had a new game in development nearby.... he was distracted playing the new game when I arrived. And I love that..... I like when people get addicted to my games.
Voodoo Buwan: So would that be your advice to anyone else looking to develop their own game inworld? To get to know the governance team, and to work with them?
Aargle Zymurgy: Well... hm... that's another tough question..... I've helped new game developers before... but it's a tough market to break into now. One did a very nice game, but couldn't attract any interest or get any sales.
Voodoo Buwan: So, it's a bit of a sealed market?
Aargle Zymurgy: I wouldn't go as far as saying that. But there are some definite top dogs in the market. I brought Lamorna (his Business Partner) with me back when I was just beginning. She got making board games which do very well. Prior to that point they were poorly done and in the last year, she's done well with arcade games, too
Voodoo Buwan: So, with good work, and perseverance... anything is possible?
Aargle Zymurgy: I like to think so. I think I did quite a few things right, but to some extent by accident and some things I just did that were right without expecting results.

I found myself somewhat enlightened from my conversation with Aargyle, but there were still some outstanding issues. His statement that his games were exempt from the rules due to the skill aspect relates to the part of the Act relating to what is a bet, where it's stated that a bet is "the purchase of a chance to win a lottery or other prize the award of which is predominantly subject to chance". The use of the word "predominantly" is the important one, although Aargyle was incorrect on one thing, namely when he states that: "No-one is saying poker isn't a game of skill." The article I previously referenced explains that the issue is not whether there is some element of skill, but rather that:

"Most U.S. jurisdictions apply the Dominant Factor test to determine if a contest is a game of skill or a game of chance. That test looks to which elements predominate (51%) in determining outcome of the game. If the elements of chance predominate, then it is a game of chance, notwithstanding that skill elements are important, but not predominant."

This Dominant Factor test is akin the the test that Aargyle describes, but apparently the mathematical analysis on games of Poker are not seen to stand up to prove that the skill factor is more than 51%.

I decided to see if the creators of any other gaming equipment could offer a little more clarification, especially since another part of my conversation with Aargyle that had left me curious was the fact his checks with Linden Labs seemed mostly due to him knowing them, or them knowing him. If he hadn't known them, what would have happened? I had heard of the re-emergence of Sploders, the raffle balls used in clubs, touting themselves as "Legal". With this in mind, I messaged Brandi Cazalet, the owner of the shop Sploder Craze:


Voodoo Buwan: Hi there. I'm wondering what makes the Sploders you sell at Sploder Craze legal, by the rules of the gambling ban?
Brandi Cazalet: They do not pay out randomly like the old sploders did. The payouts are based on a cycle and I freely give the cycle
Voodoo Buwan: But surely this is still a chance situation rather than a game of skill? How does the cycle stop it being a game of chance?
Brandi Cazalet: The reason it is a game of skill is because the way i have it set up. I freely give the cycles to those that buy the sploders. They should post the cycles in their clubs. It tells the participants exactly when they should pay in, of sorts, because the winners are based on what point they play in the game. So the cycles are posted and it is more strategic to pay in at the correct time it doesnt just pay automatically
Voodoo Buwan: So it's like a race to be, for example, the 8th person to pay in?
Brandi Cazalet: Well not quite like that, lol, but for example, in the first sploder game played the first person in would win a certain percentage...and each person after that would win a certain set percentage. They know exactly what they will win, based upon when they pay in. It pays 9 winners each game. Then on the second game those percentages would change so they are not the same every time.
Voodoo Buwan: Ah, I think I understand
Brandi Cazalet: I tried to get them certified thru linden labs, but they tell me they don't do certifications, but they are aware. I have been here for a long time:)
Voodoo Buwan: Did you have to go to them, or were they keeping an eye on you?
Brandi Cazalet: Nope. I've never been contacted by anyone. I freely imed several of the Linden employees on the action team, because I did not want to do anything wrong, back when I opened. I never heard back from any of them and they have never been to my shop. I have been open about 8 months... sold probably 3 or 400 but I im'd every one of them with nothing in response. I have never had any confiscated either so i guess they are ok with me being here

And there is the biggest question out of all of this. Are Linden Labs paying attention to all of this? They set out a ban, in accordance with the rules that apply to them, since the servers that host Second Life are in the US, and the law applies whether the player or the provider of the "site" are based in the US. However, are they actually actively doing anything to enforce it? And since most of the Lindens are programmers or customer service representatives, rather than lawyers or police officers, how can they enforce the law correctly? Could someone with enough knowledge make a decent enough arguement to talk rings around them, and their governance team, to convince them that there is no need to worry about certain gaming? Or, since they are not doing official "approval" of games, are those investing in the creation or usage of these new gaming machines running an enormous risk, since Linden Labs could turn around, and confiscate their equipment and funds at a moments notice? Or, ultimately, did Linden Labs create the ban to show that they are trying to comply with the law, and give them a level of deniability, but don't have the inclination or manpower to enforce it? And are we worrying over nothing? I wish I had the answers, but until then, it's not just the people playing Zyngo or chucking money into the sploders who are taking a risk, with the hope of financial reward.

For many people Second Life offers the absolute best form of escapism that money and laws allow. Second Life is a place you can be exactly who you want to be, and do what you want to do. Without being constrained by all the stereotypes society forces on us. Within the hallowed walls of Second Life, you can be anything from a married housewife to a private dancer or even a top earning business man or woman. Male; female, human; animal, adult or child: really the choice is entirely yours.

However, when does Second Life cease to be a game?

For many people, that line is clouded by massive grey areas, where no-one actually knows. With real life media organisations adding to the frenzy, hyping that your Second Life experience is filled with sex craved lunatics waiting to murder their latest victim it would be no surprise that more people need to take a step back and examine when enough is enough.

Many people play Second Life to escape the constraints they face in real life. However, voice introduced a whole new dimension to the game play; you are a real life person talking as your avatar, combine that with real life companies flurrying in their masses to be part of Second Life, the edges become fuzzy. Stir in people forming relationships, moving across states and even countries to begin real life relationships you have a hot pot, seconds away from boiling out of control.

When you sign up for your virtual representation I would assume very few actually gave any forethought as to what will happen to you. Organising events in real life round your Second Life commitments and even falling in love are just some of the surprises that can be in store. I know when I signed up for Trinity Dechou I never gave any thought for the friendships and relationships I would build in world. The friends you make in Second Life are quite often as ‘real’ as any real life friends. How does the death of a friend affect you? You may not know that person in real life, you may not even know where they live or their name, but does that mean your friendship and your feelings should be lessened? Personally I feel a second life avatar is often an extension of a real life person. I may not look like Trinity but she is me through and through.

For many people, Second Life may start as a game but very quickly becomes much more. When millions of dollars are spent, hearts and feelings are broken or hurt; the concept of this being a simple game fades away.

While thinking about this subject I asked some of my friends: When does SecondLife cease being a game? From 6 people I got very different replies here they are: