I remember the day like it was yesterday. Pac Man had finally arrived on the Atari 2600.  It was a clear and sunny day, but it was slightly brisk. My dad drove us down to the video store about three miles from our Michigan house. If I remember correctly, the price for the game was $24.99.  It was quite expensive for the day, probably equaling a $70 game in today’s market, but it was mine. There *was* no question about it. If you purchase a game, it’s your game… right?

You couldn’t be more wrong.  With all the licensing agreements in games today, you only purchase the right to play it. You don’t actually “own” the game. 

Today, game designers want total control over the money that comes in for a game. They add in clauses that keep the game from being resold, rented, borrowed, copied, etc. All of the content in the game, including the items you find that are specifically for you, are owned by the software developer. Why, you ask, do they do this? It’s all about the money.

This need for greed started years ago, when people started modifying current games on the market. One of the first games like this was Doom. There were so many third part mods made, but because of licensing agreement, none of these versions were available for resale. The end user, or you, had to purchase Doom before they could even install the mod.  None of these “modders” were allowed to make any money off their creation.

When you think about the black market, I’m sure the majority of you will think of prohibition days.  When alcohol was made illegal, it did two things: It made the bad guys more money, and it put the average joe in a dangerous position while trying to acquire it.  Bring in the 21^stcentury. Sure, there still is a black market… but come on, who is afraid of mobsters anymore? Today, we have a gaming black market. It has been around for years, but will it survive? With more and more games moving towards auction houses, could game companies “tame” the gaming black market?

In the old days of gaming on the internet, we spent most of our online time playing hearts, spades… whatever we could do while connected to the internet. As the years went by, better and better games came about. Then, suddenly, interactive multiplayer games came into the picture. These interactive games, mainly MMORPGS, allowed for characters to pick up and keep randomly generated objects known as “loot”. This evolution of gaming created the black market.

In the eyes of the software companies, the game is only being leased/rented by the end user. You don’t actually have any rights to the game. This is where the market becomes black.  The software companies don’t want you making money of “virtual” goods that are housed on the software or servers of the game you are playing on.  The software companies, at this point, started to get smarter.

Where there is a demand…

Like me, I believe most people go about their business never to give a serious thought about their assumed private correspondence when using Gmail to email friends, colleagues and business associates.  As it turns out, your daily banter may not be so private after all.  A recent article in Fortune Magazine, “Judge Rejects Google Deal Over Email Scanning” caught my attention and an immediate thought dominated my curiosity…Google email and scanning scam.  

In essence, the article describes Googles’ agreement to change the way it scans incoming messages so that it no longer reads emails while they are in transit, but only when they are in someone's inbox! So, what exactly does that mean? Judge Koh, a San Francisco federal judge, said she's not so sure about that. Her ruling claims the settlement does not provide an adequate technical explanation of Google's workaround, which involves scanning in-transit emails for security purposes, and then later parsing them for advertising data. The judge also proposed a legal settlement to pay $2.2 million to lawyers, but nothing to consumers.

My interest in this story is not so much about the proposed settlements or the specific details about how Google or any of the web giants settle claims based on vague legal language. It is however, more about the naiveté of myself and perhaps many others that never question how the email scanning process really works. I wonder, do most of us really care that Gmail uses contents of our mail to display targeted ads?