Well it’s been over a month since Apple rejected my game.  I re-imaged the game to iSaveBabySeals, where the goal of the game is to save the baby seals from attacking chocolate zombie seals.   It is impossible for the player to club any baby (or real) seals in the game.  Stupid idea? Maybe.   More objectionable then shooting a kitten out of a cannon into bombs and spikes while its guts splatter all over the ground?  According to Apple… Yes, as Apple has approved “Kitten Cannon” in their app store.

As of today, iSaveBabySeals is available in a non-Apple app store.  Though if and when the Canadian government passes Bill C-32, which is designed to protect copyright holders, it’ll be illegal for Canadian’s to acquire iSaveBabySeals.  This isn’t because there is anything infringing with the game, the bill includes an “Anti-Circumvention” provision.  Since Apple doesn’t “Like” my game, you must remove the digital lock Apple has placed on the iPhone/iPod to install the game.  See my previous post “Canada’s Proposed DMCA Style Law is a Slippery Slope for the Average Citizen” for more thoughts on Bill C-32, and how it could negatively affect the average consumer.

In the coming weeks, I intend on porting the game to the Google Android platform.  At the same time, I will open source most of the game under PETA’s Harm-Less Permissive License. Because video games don’t harm real animals.

As for acquiring the game, you’ll need to Jailbreak you iPhone/iPod.  Jailbreaking is the term used for removing the digital locks, which Apple has placed on your hardware.  I’m not going to go over the details here, but I recommend reading Gizmodo’s article on how to jailbreak your iDevice.

http://gizmodo.com/5533921/how-to-jailbreak-any-iphone-ipod-touch-or-ipad

Then head on over to the Cydia (explained in the article) app store, and search for iSaveBabySeals.

iSaveBabySeals Screenshot

Matt

Right now our government is attempting to reform our Copyright Laws under pressure from American Entertainment Lobbyists.  How does this help the average Canadian citizen?  I dunno, but the law will undoubtedly hurt independent artists and other small content creators alike.  Gone will be the days where you can freely send your digital creation (whether it be music, a video, or videogame) to the masses with ease.

It could be argued that we’d always have the choice of other more open products, but it just won’t be the same.  The entrainment industry will distribute content exclusively on devices locked down tighter than a duck’s arse.   As a result, very few will invest in open alternatives, thus driving up the costs of these other options.  Indie artists and developers will be required to jump hoops, and pay various fees in order to have the “honor” of distributing their own creations.

Apple is the prime example.  I recently developed a game for Apple’s iPhone, which was rejected, as they thought it was “objectionable.”  The problem is… they don’t have strict guidelines as to what is, and what is not appropriate. It seems to depend on personal opinions, or how much money I have (ie less then Rockstar Games).  Without Apple’s approval, my creation is locked out from anyone ever getting a hold of it.  Well… unless I release it for jailbroken iPhones.  Under these proposed copyright laws, it would become illegal for anyone to unlock full functionality of their digital device.  Apple has been known to censor content from creators in the past, including Mark Fiore – a Pulitzer Prize winner.   Personally, I don’t need any corporation trying to act like my mother and making ambiguous moral choices for me.  Though, I’m glad to say my mother was never an unfair, pretentious, uptight bitch either.

These laws will only protect the pockets of corporations and people who make money off the backs of talented artists and content producers.  It’ll mean that the individuals with the real talent will have to pay in one way or the other, to the agents, distributors, lawyers, fluffers, etc,.. How far will it go?  Would a person playing at an open mike night have to pay royalties because his/her music has a sound similar to some big shot singer?  Will musicians require constant consults with their lawyers for every little decision they make?

Entertainment is not a necessity of life, and it’s a gazillion dollar industry.  They can take care of it themselves.  We, the citizens of Canada, do not want you, our elected government, to waste our tax dollars on throwing kids (or juvenile adults) in jail for the “Entertainment” industry…  nor do we want you invading our online privacy for the “Entertainment” industry.  Shit, we barely want our privacy invaded in the name of Terrorism.  Go enact some laws to protect the ones who need it.  Maybe something that punishes executives who receive bonus after destroying the lives of their employees whose pensions they squandered.

Check out Michael Geist’s blog at http://www.michaelgeist.ca for more information including what you can do to help prevent this law from seeing the light of day.

Matt Smyth

From Techcrunch.com

Oh, PETA.

While People for the Ethical Treatment of Animals is just fine with Google using goats to cut their grass (as long as they get perks), the organization will not stand for applications in which you virtually hurt animals. As such, they’ve sent Apple CEO Steve Jobs a thank you note (below) and some vegan chocolate seals (I’m not kidding) to show their appreciation for Apple’s rejection of the app iSealClub.

I’ve received a few emails and read few comments on the topic, so here are some responses.

“Yeah…. I wanna club baby seals to death!”

Sorry bud,  not possible in the game.  Its illegal in Canada, so its illegal in the game.

“This is a dumb app, I’m glad Apple banned it.”

Yes, I admit that it’s a silly game.  But it is a game none the less, which are often silly.  I certainly don’t consider it dumb. Paying $2.00 for bottled water is dumb.  It was designed to entertain, and there is demand for this type of entertainment(as there is a demand for mindless Reality TV).   Some people do enjoy laughing at serious issues.  This doesn’t hurt anyone, and it makes no difference to the seals.  It may bring awareness to the issue, but it doesn’t represent either side.  My target is people who get a kick out of this type of humor.  It is your choice… ok.. maybe in this case its not your choice…  Apple makes is making it for you.

“Apples Rules, deal with.”

I’m a paying member of the iPhone development program.  It wouldn’t be such a big issue if I could have known beforehand that I wouldn’t be able to sell the game.   But the game has to be complete and working before I can’t submit it to their review process. I was refused any review of the idea.  So I based the decision to move forward on the available apps.

“Move to another platform.”

They just don’t compare to the iPhone platform.  I love developing for the iphone…. its a fantastic platform.  I don’t want to develop for other platforms.

So I decided to develop a game based on the seal hunt (with a club).  You play a seal hunter armed with a club against an unlimited number of seals.  Tilting the device in the desired direction moves the club around the screen, and making a flicking motion causes the club to hit a seal or the ground.  I tired to keep the game light hearted as possible with no blood, or clubbing baby seals.  Well… you can try and club the baby seals, but you lose points and they just take off really fast.

I emailed apple 3 months ago asking if the content of the game would be a problem.  Their response was -

“Apple is not able to provide pre-approval to developers for proposed application submissions.

We ask that you please review the Program License Agreement details against the specific application you wish to develop and submit any applications for App Store consideration in line with the application submission processes for the program.”

Today I got a notification from Apple –

Thank you for submitting iSealClub to the App Store. We’ve reviewed iSealClub and determined that we cannot post this version of your iPhone application to the App Store because it contains objectionable content and is in violation of Section 3.3.17 from the iPhone Developer Program License Agreement which states:

“Applications may be rejected if they contain content or materials of any kind (text, graphics, images, photographs, sounds, etc.) that in Apple’s reasonable judgement may be found objectionable, for example, materials that may be considered obscene, pornographic, or defamatory.”

So when I reviewed the Program License Agreement(back in January), with section 3.3.17 being clear as mud – I looked at other apps in the app store which have been approved.

Here are a few examples of games available on the app store:

• Turkey Hunt, iHunt, Deer Hunter 3D, iFishing, Ace Hunter, iHunt 3D, Big Buck Hunter, 3D Hunting, Trophy Hunt… All games about hunting animals for sport.
• Pocket God…  Play God, torture and kill Pygmies
• iMob, iMobsters…. Create a mob, arm your mob, perform crimes for profit, etc.
• Various Assult rifle/gun apps..   shoot/build weapons to kill.
• Various War based games…  Kill.
• Grand Theft Auto… Steal Cars, run people over, shoot and kill people (including cops) in cold blood…  Watch them lie in their own pool of blood.

The list goes on.

The Canadian Seal Hunt may be controversial, but it is in-fact sanctioned (unlike stealing cars and shooting cops) by the Canadian government.  People also make a living from the seal hunt (ie not a “sport” hunts).   The game itself rewards the player with seal based products (such as seal oil, or seal skin jackets), and not “trophies.”

Given the “objectionableness” of the game’s content compared to the above games, I can’t help but think that Apple has taken a less then neutral position on the topic of the Seal Hunt.  If Apple is truly against the seal hunt, I respect that.  I wouldn’t kill an animal (non-virtual of course) myself.   But… I don’t respect Apple for restricting content based these views(when the other side is still socially acceptable).  I can understand not allowing games with the cold blooded murder of police officers….. oh wait…. They do..   never mind.

I once pictured Apple as the shining example of creative innovation.  A company run by man ahead of his time, a visionary who said his LSD trip was “one of the two or three most important things he has done in his life.”[1]

Oh well, maybe its time I start slowly backing of Apple’s lawn.