Tag: Trion Worlds

Beta Perspective: Defiance 2050 Is Hot Garbage, But Shows Promise


I meant to play and then discuss the latest episode of the Guild Wars 2 Living Story tonight, but since the game is a bit broken at the moment, I’ll talk about Defiance instead.

I’ve spent a good few hours playing the Defiance 2050 open beta this weekend, and the thought that keeps going through my mind is simple: A relaunch of a five year old game should not be breaking even worse than the original launch, even as a beta. But over the span of several hours, I’ve had my game crash, sat and watched as it became virtually unplayable due to rubberbanding and screen freezing. I’ve seen creatures just randomly despawn, watched as my vehicle refused to show up or in some cases refused to perform basic tasks like turning. Even major functions like the entire tutorial and medic ability had to be disabled during the final beta before head start because they were either broken or were causing server crashes.

But then the weekend ended and the servers became kind of stable. The turning speed of the quad is still absolute garbage and makes driving a major pain, but that’s another story.

I suppose I should get two things out of the way: First, Defiance 2050 is a remaster for the current console generations and PC players are essentially along for the ride. Second, as a gamer I effectively left Defiance for dead around the time that Alcatraz released and Trion Worlds started experimenting with those expeditions that were initially lauded as money-grubbing. It’s around this point that I wrote it off as a dead title, its game code feeling like it was held together with chewing gum and string every time I would go back and find it feeling more and more broken.

I put well over 400 hours into Defiance and had no real motivation to go back, so I’m treating Defiance 2050 as a new world in and of itself.

If you played through the original Defiance beta weekends as I did all those years ago, well Defiance 2050’s beta won’t surprise you since it’s actually the same content but five years down the road. The big mechanical changes to get used to are the inclusion of classes, and subsequent movement of the massive EGO grid into a linear list of class-specific skills. Otherwise, this game still has a mass of activities to sink your face into, be it story missions, side missions, pursuits, major arkfalls, minor arkfalls, emergencies, sieges, incursions, contracts, pvp, coop dungeons, leveling your power, leveling your class, leveling your character, leveling your weapon proficiency, leveling your vehicle proficiency, and of course the age-old tradition of trolling chat.

I’d previously committed myself to playing Defiance 2050 solely on the Xbox, since the whole thing seems redundant to play on PC with the existing version still available on the platform, however this last beta weekend was PC only so I made due with what I had. Outside of the poor server performance, it’s hard to say much about this game that I didn’t say five years ago. After a while of shooting creatures and watching the screen stutter for five to ten seconds only to come back with my character dead on the ground, Defiance 2050 felt less like a happy reintroduction to the world and more of a grim reminder of why I quit in the first place.

That said, I haven’t completely given up on Defiance and am still waiting to see if Trion can turn things around post-launch. Do I have enough faith to buy into the founder’s program? Absolutely not, but I am willing to clock in on day one and give the game a real spin.

Trion Worlds Acquires Gazillion Assets


In an astounding twist of events, Venture Beat is reporting this week that Trion Worlds has acquired the assets from defunct studio Gazillion Entertainment. As part of its acquisition, Trion will get its hands on all of Gazillion’s licenses, trademarks, patents, and domains. In addition to utilizing the new licenses for its own purposes, Trion Worlds is also apparently using Gazillion’s assets to create a platform for third party developers to distribute their titles as well as an engine that reports to speed up the development cycle of isometric games, presumably one that was used on Marvel Heroes and Marvel Heroes Omega.

Our technology is platform agnostic,” CEO Scott Hartsman said. “We put an outside game on our platform and it just works. We spun up Trove in the Japanese market recently, and it just took a week.”

Gazillion Entertainment shut down last year after losing its license to the Marvel property. Following its shuttering, Marvel Heroes was the subject of a suspicious crowdfunding campaign created by an individual with questionable ties to a diploma mill, which has since gone dark. Gazillion Entertainment filed for bankruptcy with the case ultimately being dismissed in May due to failure to comply with court orders to file information.

Stay tuned as more details emerge.

(Source: Venture Beat)

In Plain English: An ArcheAge Lawsuit and the Fraudulent 10% Discount


(Legal Disclaimer: I am not a lawyer, and as such nothing in this column constitutes legal advice. All opinions expressed are my own and based on research into case precedent and interpretation of relevant laws and statutes, as well as discussion with the MMO Fallout legal team)

It has been four long years since ArcheAge launched in the west and some people are still wondering: How did Trion Worlds avoid getting sued for its rather blatantly false advertising regarding that 10% discount for Patrons that never surfaced, and was the advertising of the game against the law?

If you’ve forgotten or just weren’t around, when Trion Worlds was initially pitching its founders packages to the west, they advertised a perk for Patrons that included 10% discounts on cash shop purchases. The page advertising the promotion had been stealthily edited close to launch to include the wording that the perk wouldn’t be applied immediately, only for Trion to throw their hands up months later and admit that not only would the perk not be coming, but that they had no concrete knowledge that it was ever going to happen. The discount was replaced with a 10% bonus to credits purchased and not applied retroactively to people who picked up their credits during the beta or to credits received from the Founder’s pack. All because Trion Worlds and XL Games no longer felt like programming it in.

I pointed out at the time that if anything in the world of forum users threatening to sue had the most weight, it would probably be this, and I was not wrong. In September 2015 a class action lawsuit was filed in California court by plaintiff Aaron Van Fleet against Trion Worlds in regards to the 10% discount as well as making claims that ArcheAge’s loot boxes constitute an illegal lottery. MMO Fallout missed this story, personally I’m blaming the editorial team who haven’t shown up for work since 2009.

1. $1000 In Cash Shop Purchases and the Digital Lottery

The lawsuit charges that the 10% bonus is an inadequate replacement as it excludes head start credit purchases, founders pack purchases, and those who buy credits through in-game purchases (APEX). Furthermore, the plaintiffs note that Trion Worlds made false statements to the existence of the 10% discount despite knowing that those claims were false, that the discount did not exist at the time, and that it may not exist at all.

This charge is a hard one to deny, and depending on how Trion Worlds makes their defense may come down to how the court views advertising. Trion Worlds mounted an early defense publicly by claiming that the page on the website and Trion’s streams didn’t constitute advertising. Someone might point out that No Man’s Sky was cleared of charges surrounding its misleading advertising, however that ruling was made by a UK court and would not have an effect on how a California court would implement differently worded state laws. This is likely going to come down to whether the court views the replacement as adequate, whether Trion’s justification for not implementing the discount is satisfactory, and how much of their claims leading up to launch can be considered binding advertising.

Now let’s talk about the illegal lottery bit of this lawsuit, which I will start with this snippet from the docket:

Many ArcheAge players have spent more than $1,000 each to purchase supply crates that offered the chance at a Rare Prize Many players have expressed in online forums that they feel they were cheated by Trion’s sale of supply crates. For example, m January 8 2015, a player posted on Trion’s public forum a message board thread titled, “Whelp this is why gambling is illegal online.” Several users complained about the amounts they spent on supply crates and Trion’s entire business model (e g, “spent almost 15k creds and only got 11 about 500G worth of useless Junk”). A true and correct copy of the thread is attached hereto as Exhibit A.

In my humble opinion as a non-lawyer, this is where the lawsuit loses its footing. The docket cites California Penal Code to try and kick the cash shop lootboxes as an illegal lottery, seeking restitution in the form of Trion Worlds being forced to offer refunds. I’m no lawyer, but I have high doubts that this charge will hold up in court given the low likelihood that the judge would qualify digital goods as property in the sense that they would be covered under California’s lottery laws. The kind of impact that this would have on the industry is massive, would effectively criminalize countless companies, and would set major precedent where it doesn’t currently exist. I don’t see the court making this kind of decision, particularly not over this lawsuit.

California defines a lottery as “any scheme for disposal or distribution of property by chance, among persons who have paid or promised to pay any valuable consideration for the chance of obtaining such property,” and I highly doubt that a loot box in a game would be viewed by the court as existing in the same category as sweepstakes and promotional giveaways. Disregarding the idea that this is clearly not a lottery system, Trion Worlds would likely be safe even classified as a lottery, as an illegal lottery would require forced payment to participate (credits can be acquired without paying real money) and a clear win-lose with the prize (loot boxes always distribute prizes). This is why all of those sweepstakes you see from TV to cereal boxes have “no purchase necessary” written on them, it’s so they don’t get caught up in state lottery laws.

Exhibit A is literally about 50 pages of threads from the ArcheAge forums of people complaining about the cash shop, a notion that not only strikes me as a massive waste of the court’s time but also irrelevant to the case at hand, potentially damaging to the plaintiff’s argument, and one likely to be ignored by the court. It paints a picture that the plaintiffs are merely attempting to stretch the definition of California’s penal code to include the loot boxes because they are feeling buyer’s remorse, not out of genuine belief or concern that the loot boxes violate the law.

2. Binding Arbitration and the Supremacy of the Terms of Service

Here is where the lawsuit gets interesting.

We know from Bassett v Electronic Arts that generally arbitration clauses are accepted by the courts as binding (at least in New York they do), but what happens when one agreement contradicts another? Trion Worlds has an End User License Agreement and Terms of Use, two separate documents. It came out during the proceedings that while Trion’s TOU compels arbitration, that their End User License Agreement states that the venue for any claims is the San Mateo district court. Trion in turn attempted to compel arbitration, citing its Terms of Use.

Unfortunately Trion wrote themselves into a corner, as the court ruled that not only does the Terms of Use state that the use of Trion’s game clients is governed by the EULA, but that the specific language used in the EULA makes the venue mandatory under California law. Trion further tried to claim that its EULA agreed to upon creating an account does not apply to its games, which the court rejected as the EULA contains several pages referring to the purchase and use of digital goods. The court did find that Trion’s belief that the Terms of Service applied to the claims was reasonable, albeit incorrect, so nothing malicious was going on here.

Despite this ruling, Trion Worlds attempted to have the case dismissed and taken to arbitration. The two parties held a hearing with the presiding Judge on April 8, 2016 and on June 8 the court rejected the claim for arbitration. As ruled previously, Trion’s End User License Agreement, which stipulated that any claims must be taken to San Mateo County Court, superseded the Terms of Use which called for forced arbitration.

Additionally, the court rejected Trion’s claim that the EULA and TOU are agreed as part of the same transaction, noting that the EULA is agreed upon at account creation and the Terms of Use not until the user downloads the game, meaning the former can be agreed to without the latter. The decision goes on to note that some parts of Trion’s Terms of Use may be illegal as they conflict with state laws regarding liability, which Trion acknowledged.

In August 2016, Trion Worlds appealed the court’s denial of arbitration and now we slide on out of the San Mateo District Court and into our new home in the First District Court of Appeals.

3. The First District Court of Appeals Says No

Trion Worlds’ appeal regarding their motion to compel arbitration took us to the California 1st District Court of Appeals and since then, well, not much has happened. Both parties were given a ten minute oral argument and on the second of April, just over a week ago, the court ruled against Trion Worlds. Apparently the explicit instructions that the EULA supersedes the Terms of Service translates exactly the same no matter what California court you happen to be in.

But don’t take my word for it, read this statement from the court:

“Trion’s Terms of Use does contain an arbitration clause, but it also provides it is “in addition to, and does not replace or supplant” the ArcheAge EULA, and, in the event of a conflict or inconsistency, the ArcheAge EULA “shall supersede” it. Based on this provision in the Terms of Use, we conclude the parties did not agree to arbitrate their dispute, and we affirm the trial court’s order denying the petition to compel arbitration.”

In its appeal, Trion Worlds attempted to claim that the EULA incorporates the TOU, which the court promptly ignored and didn’t answer as it had already ruled that the governing document, the EULA, demanded trial in the San Mateo County court and the burden of proof is on the party demanding arbitration to prove otherwise.

“Thus, when addressing the threshold question of whether the parties agreed to arbitrate their dispute, which relates to purchases associated with the ArcheAge game, the Terms of Use provides we must start with the ArcheAge EULA. It does not provide for arbitration. Based on the clear language of the applicable agreements, the agreement to litigate any state law cause of action relating to the ArcheAge EULA in San Mateo County supersedes the agreement to arbitrate other kinds of disputes. Trion cannot satisfy its burden of proving the existence of a valid agreement to arbitrate this dispute.”

4. Back To County Court We Go

Unfortunately this is where the story ends for now. It looks like we’ll be heading back to San Mateo County Court to continue the lawsuit as both sides prepare their arguments. MMO Fallout will have more details on this case as it appears.

Rift Prime First Month A “Rousing Success”


One month has passed since Trion Worlds first launched Rift Prime, a progression server that attracted enough players to be called a “rousing success.” In a post on the official website, Trion Worlds noted that in the past month, players have completed more than five million quests and tens of thousands of dungeons. The server population has remained high since then, and players are gearing up for the launch of the first raid.

“We couldn’t be happier with how RIFT Prime is performing, and we’re definitely not resting on our laurels,” said Fry. “We’ve got a ton of content that will be releasing regularly for RIFT Prime players, so if you haven’t taken the plunge yet, now is the perfect time!”

Rift Prime is a progression server launched last month that will start with launch-day content and then slowly unlock expansion content as it progresses. For more information, check out the link below.

(Source: Trion Worlds)

Trion Worlds Announces Rift Prime: Subscription Server for Spring


As surprising as it may be, Trion Worlds was once very much against the idea of Rift going free to play. Yes, that Trion Worlds, the one with the $100 weapon pack in Defiance, the one that has more than once had to apologize for stepping over the line with its monetization strategy for Rift. In fact, it was Trion CEO Scott Hartsman who back in 2011 said that free to play would be a large net negative for Rift and its community.

“One of the assumptions people make is you can just take a game and throw a switch and change the model. For starters, you’d have to decide that that would be a good thing, and I do not think it would be – that would be a fairly large net negative for Rift and Rift community.”

Well all that is going to change, as Trion Worlds has announced the launch of Rift Prime, a subscription only server set to go public this spring. Rift Prime will, as stated, require a subscription and will remove loot boxes and drastically reduce the presence of the cash shop.

In the Spring of 2018, we will launch a new server, RIFT Prime. We’ve paid a lot of attention in discussions with all of you and within the broader gaming community regarding business models in the MMO and games industry as a whole.

We have the opportunity to experiment with this fresh RIFT server using an oft-requested subscription model and progressively unlocked content. Our goal for RIFT Prime is to provide the experience that many of you have requested: no lockboxes, a significantly reduced store with more of the current store-based items obtained through gameplay (or removed entirely) – plus the excitement of sequential progression through RIFT’s content with monthly milestones and achievements.

More details on the cash shop are on their way.

(Source: Rift)

Trion Worlds To Sunset Devilian Following Developer Abandonment


It’s a tale as old as time. Developer abandons property and leaves publisher with no avenue to fix game issues or develop further content, and game eventually shuts down due to lack of ability to support itself. In this case, Bluehole Ginno was in charge of handling the further development of Devilian promptly abandoned the title to work on another title that MMO Fallout readers may be modestly aware of: Playerunknown’s Battlegrounds. The game has been in relative maintenance mode since that time.

The time of Devilians has drawn to a close; on March 5, 2018, the sun will set over a peaceful Nala for the last time. The time has come to lay down your arms and carry the laurels of your victories with you to other worlds.

Active players within the last 90 days will be eligible to receive a welcome pack to one of Trion’s other titles. The options available are listed below and at the announcement.

• ArcheAge – The Erenor Eternal Starter Pack, containing:
• Mirage Snowlion Mount
• Moonsand Fox Pet
• 50 Bound Tax Certificates
• 5 Bound Vocation Tonics
• 5 Bound Vocation Expertise Tonic
• 30 Days of Patron Status

• RIFT – The Ascended Essentials Pack, containing:
• Storm Legion Souls
• Nightmare Tide Souls
• Primalist Calling and Souls
• Ascended Souls
• 6 Character Slots per Server
• 2 Bag Slots (Slots 4 & 5)

• Trove – The Trove Essentials Pack, containing:
• Ten class Tokens
• Fire Wings
• Trovian Supercycle
• Tome: Dragon Coin
• Tome: Jade Clover
• 10 Omni Mount Unlockers
• Trove Topper
• S.S. TrovianTrovial Sail
• 50 Gem Booster Boxes
• 100 Bombs
• 15 days of Patron Pass time

• Defiance – T.I.T.A.N. Augment Bundle, containing:
• 250 Arkforge
• Random Legendary Chip
• Random Tradeable Legendary Shield (Titan’s Fury Synergy)
• (these items are claimable on one character)

• Atlas Reactor – All Freelancer Pack
• Includes every character ever made unlocked in Atlas Reactor

ArcheAge 4.0: All The News That’s Fit To Print


ArcheAge 4.0 hits PC in the fourth quarter this year, and Trion Worlds has released a fact list showcasing some of the features coming to the titular MMO. More information will be coming at a later date, however Trion Worlds has showcased the following new features coming with the next big version update:

  • 20 player naval battleground: ArcheAge’s first PvP naval battleground. Take your crew of five and go up against three other crews. Naval Battlegrounds promise new cross-server arenas as well as new rewards.
  • Open world raid finder: Exactly as it sounds, find or advertise your raid.
  • Simplified gem system: Streamlined lunagem system purported to be more user friendly.
  • Crafting updates: A new crafting tutorial quest line, new crafting interface, and specialization.

(Source: Trion Worlds press release)

ArcheAge Plans More Server Mergers


Trion Worlds has announced that more server mergers are coming to ArcheAge, with twelve servers being merged into four across North America and Europe. As is usual with ArcheAge server mergers, rather than merging into an existing server, ArcheAge merges two or more existing servers into fresh new servers. Instead of players on the merging server losing their land to the higher population server, everyone loses their land and must claim anew.

A Server Evolution is similar to a server merge that you’d see in other online games, except those affected by it will be moved to a new server rather than a currently existing server. We perform Server Evolutions in ArcheAge to give everyone involved the most equal chance at claiming land and castles in their new homes.

The list of affected servers can be found at the source below. The transfer process will begin on August 16th and go until the 29th. More information at the link below.

(Source: ArcheAge)

In Plain English: KLM Starfall Education Foundation v. Trion Worlds, Inc.


Today’s In Plain English covers the very short lawsuit between Starfall Education Foundation and Trion Worlds regarding the Rift expansion Starfall Prophecy. You may be aware that Trion Worlds recently changed the name of the expansion to the Prophecy of Ahnket and wanted to know why. The explanation lies in a recent lawsuit filed by a children’s charity foundation over its ownership of the trademark “Starfall.”

If you don’t know what Starfall is, I’ll let the charity’s website explain itself:

Starfall Education Foundation is a publicly supported charity, 501(c)(3). We create free and low-cost experiences whereby children can successfully learn through exploration. On the Starfall website and in Starfall classrooms, children have fun while learning in an environment of collaboration, wonderment, and play. We teach through positive reinforcement to ensure children become confident, intrinsically motivated, and successful.

Donors to the Starfall Education Foundation can sleep soundly knowing that your contributions went to fund the Bardacke Allison LLP, Melkonian & Co, and Purvis Gray Thompson, LLP law firms for the purposes of filing a dispute over a video game expansion title. For what might otherwise seem to be a pretty minor issue, Starfall decided to bring a team of three lawyers on board, an ultimately pointless move since Trion Worlds didn’t put up much of a fight or make much in the way of arguments on their own behalf.

Still, a $400 filing fee is a big lump of money when your 2015 revenue looks like this (via Citizen Audit):

Unlike certain other cases covered here on In Plain English, this story is fast and has a simple ending. Rather than fight what could become a lengthy and costly legal battle over something rather trivial, Trion Worlds decided to settle. Those of you who play Rift, or read about it, will know that Trion Worlds has changed the name of the expansion to Prophecy of Ahnket, a decision that might be confusing if you don’t understand this underlying context.

Trademark ownership is only as strong as the owner’s protection, although MMO Fallout has doubts that the case would hold up given a company willing to lawyer up and take a stance. The numerous Starfall video games and video game related websites that we were able to find over the course of a half hour, many of which predate the Starfall 2002 founding date, and thus its 2004 trademark registration date, could make a solid case against Starfall’s claim to the term. Still, I’m not a lawyer, so don’t take any of this as legal advice.

Trion Worlds Makes Glyph Great Again: Speeds Performance


Who doesn’t want a faster game browser? Don’t answer that. Trion Worlds has announced that its game platform Glyph should be running much smoother following an update aimed at improving client performance. Chiefly, the update removes the browser which was not only a hog of system resources but required a lot of maintenance in stability and security. According to the announcement on the Glyph website, usage has dropped from a previous 200mb when in the background to around 50mb.

There are other updates coming that should continue the trend of lightening the load.

(Source: Trion Worlds)