Article: Legal, Ethical, or Bandwagon? A Glance Into the Paysite Debate

There's a stereotype of preacher's kids that we're either perfect or hideously messed up. There's a lot of pressure to be a role model for the other kids at church, and some preacher's kids really can't handle it -- when they become independent, they crack. Go wild.

I can understand why. While the church has the potential to be the most loving community in the galaxy, it can also be the craziest -- the most vindictive, controlling, and dogmatic. So when I, a preacher's daughter, say I feel particularly qualified to examine this explosive issue, it means that I have met men who made other grown men cry, and I have met women who have put themselves in physical danger to help others. I have heard tales of sickeningly perverted views of faith, of churches destroying themselves over petty issues, and lives being crushed beneath the heel of "I am right and you are wrong."

The Sims 2 community's problems are a pale shadow of what religion can do when it is misapplied. And because I have spent years learning when, why, and how churches ruin themselves over thelogical differences, I now feel uniquely qualified to address this issue, a smaller issue in the cosmic sense, but a passionate one nonetheless.

The Big Picture

One of the things I was taught in my church conflict management course was to step back and get the big picture. When you focus on details, you lose sight of what is really going on.

Anti-Paysite: High profile community leaders read the Sims 2 terms of service and interpret "You may include materials created with the Tools & Materials on your personal noncommercial website for the noncommercial benefit of the fan community" to denounce any commercial use of the Sims 2, including but not limited to custom content. They view paysites as commercial entities, and take the second half of the line, "benefit of the fan community," to heart as an ethical responsibility to share creations freely.

Supporters: I feel that many casual community members support the anti-paysite movement because they don't like paying for anything. Without delving deeply into the issue themselves, they jump on the bandwagon for an idea that sounds good, and which promises to save them money, but don't actually think about it beyond what they've been told. I was convinced of this after perusing a random 3 pages of comments on Nouk's petition. Examples: "Paysites need to be stopped NOW" and "It is outrageous, not to mention illegal. Do something!" Too often people join something that sounds good because of persuasive writing or facts like the EA letter that haven't been verified and may be legally moot even if proven legitimate.

Paysites: Paysite owners, on the other hand, are maintaining that the community as a whole does not have the right to enforce either legalities or suppositions, and that EA and Maxis allow paysites to exist both by sitting on their hands and by maintaining a paternal attitude toward paysite owners. Said an anonymous source, "Maxis has very much endorsed quite a few [paysites] by giving them inside information and inviting them to conventions and things. . . . [T]hey are rather friendly to paysites. . . . [But] if Maxis or EA decided to tell all paysite owners that they could no longer sell content then I assure you each site owner would remove their content as asked." As well, many paysite owners have chosen to withdraw from the Sims 2 community, at least in part, because of the animosity of other community members. Says my source, "Its just so terribly wrong to treat another person like scum because of their choices. . . . I just can't handle the petty third grade wars anymore."

The Issues

The core of the issue is not why people hate or support paysites, and it is not even about greed. It is about how people interpret legal documents and how creators view their own content.

Legality

The legal side of things shall be covered by my husband's best friend, a law school graduate who wants to specialize in copyright law, but who is currently overseas.

Ethics

With paysite owners believing that they are doing no harm in the eyes of either the law or the Sims 2 owners, and that their work is their own to distribute as they see fit, it's no wonder they feel oppressed. It's also no wonder "free" leaders feel frustrated. The free creators have a strong sense that working for the community without reward is the height of legality, ethics, and community spirit -- they feel that paysites are taking advantage of the youth and gullibility of community members and doing so for the lowest of reasons: profit.

But, really, is either side completely innocent? While the basis of the squabble is as simple as viewpoint, it can't be denied that both sides have their heroes and villains. While free site owner and avid anti-paysite leader Nouk is upfront with her expenses, donations, and will even tell people not to donate to her when she's met her goal, how many other free sites do the same? How much are other free sites making above and beyond cost through donations alone? Says LyricLee, co-owner of paysite Exnem Sims: "Every single site in this community is run differently and by different people. There are free site owners who profit from the works of others while doing nothing, there are free site owners who pay out of pocket to run their sites, there are free sites with shoddy horribly made content, there are paysite owners who neglect the community, there are paysite owners who are decent and kind and give much for free to the community. There are paysites that sell content in bundle packs and never give it away, and yet others who have ways for everyone to get all content for free without paying. So to stereotype all as evil or all as good is just horrible. There needs to be a serious reconsideration of what people are basing their judgements upon and to stop the mob mentality that seems to flow so well."

Though a lot of the mudslinging is based on whether or not site practices are ethical, we must ask ourselves if mudslinging is ethical. Yes, it is fine to be outraged at corruption, but one of the main problems (and a major SIN) in church conflict is the fact that some people outright refuse to treat each other with civility when they think they're right and the other is wrong. This goes so severely to the heart of Ethics that I'm flabberghasted no one in the free community has mentioned it. With all the talk about right and wrong, with all the offense, does it take a paysite owner to be more fair in her stance toward other human beings than I have seen in the rest of the community? Though I doubt all free creators are without morals (note that their stance is based at least partially on ethical grounds), sometimes the wars over morality, ethics, and right and wrong are the most blinding to both sides -- because in the pursuit of righteousness, we forget compassion. We forget that the other side is human and is loved by God and is deserving of basic humanity.

The End

It is perfectly all right to pursue fairness and legal responsibility. However, one of these sides will, in time, be disappointed. But it is, in fact, the job of EA Games to decide the issue for good -- whether that decision is legal action against paysites or continued tolerance of paysites. I only ask community members to accept the decision when it is made (both pay and free) and, in the meantime, for the community at large to be a little kinder to paysite owners. You may be trying to shut them down or change their business practices, but it's no reason to treat them as less than human beings.¹

What we should concentrate on now, while petitions are being signed and we wait for an outcome, is recognizing corrupt pay and free site practices and doing something about them. I here urge the Better Sims Bureau to request expense and donation reports from all sites, pay and free, for the safety, morality, and good will of the entire community. I beg community leaders to take more part in the BSB and all community members to keep an eye out for serious corruption wherever it may be.

Thank you.

Back

¹Disrespect seems to be rampant against free sites, as well, but more because some people just suck. InSIMenator.net posted three paragraphs at the top of their homepage about the way people treat free creators: "Lately, more and more free creators no longer get requests, but ridiculous demands or negative feedback that doesn't help them at all." This, however, is a different, if no less troubling, problem because the rude people have not banded together in any sort of effort. It's just individuals.