Time to Abolish "Don't Ask, Don't Tell"

Sonic Fan Remix

Free fan-made games are love letters. They are exhilarating, wistful, and nervous all at the same time. More importantly, they are the first words spoken while attempting to learn a foreign language; the most common reason to invest the hard work necessary to learn a foreign language is to communicate what matters most: “I love you. Where is the bathroom?”  

A free fan-made game thanks the creators of the original game in the same language by responding to the one-way communication inherent in the medium on another one-way channel. The only creator that would not want to know that her work inspired another to spend valuable free time, without hope for remuneration, to create an homage is a creator unable to consider the long term.

Perhaps the only thing creators would want more is to respond in kind, thus continuing the conversation. However, creators cannot respond for fear of appearing to induce infringement by another group: pirates with a profit motive. Such an appearance would be used as evidence against creators should creators try to protect their characters from pirates. As such, creators have adopted a Don’t Ask, Don’t Tell policy leading to a sorry state of chill in communication between the two parties most eager to talk: creators and fans. It is unacceptable that creators communicate in the language of games, but fans can only reply in the language of words because of pirates. Such “communication” cannot be considered a dialogue at all.

Super Talking Time Bros. 

It is time to abolish Don’t Ask, Don’t Tell in a way that protects creators’ investment. One action that creators can take to address several issues surrounding the problem is to sell level editors.


First, the level editor will be an evergreen title. The business models available are plenty: an improved level editor or upgrade for sale every year, a subscription fee, a-la-carte pricing for different fan-made levels or games, sharing a percentage of profit with the fan, a variable stocking fee to place the level or game online in a location according to prominence, etc.

Second, by adding sales into the discussion, creators can make an economic argument when asked to rebut the appearance of inducing infringement by pirates. Accordingly, creators can engage fans to encourage fan-made games to achieve their full potential, consequently helping the creators’ own bottom lines.

Secret Maryo Chronicles

Third, the degree of openness can be adjusted to suit the creator. Specifically, distribution and playback of fan-made levels or games can be controlled. While a completely open system is preferable, some creators may believe that a proliferation of poorly designed levels will dilute the experience of the original game, over-saturate the market, or tarnish the original game or characters in the mind of consumers. However, such dilution can be countered in multiple ways: a well-designed review and sorting system, a gold-star seal of quality on certain levels, a culling policy, etc. For those creators implementing an open system, a partnership with GameMaker (YoYo Games) may be appropriate. For those creators implementing a closed system, a partnership with the LittleBigPlanet team (Media Molecule) may be appropriate. 

Fourth, creators will engender long-term goodwill. One way creators will engender long-term goodwill is through education. By stumbling a few times themselves, fans will come to appreciate the process of creation, which can only help bridge some divides that occur between fans and creators. For example, some invective criticisms directed toward creators will be tempered. 

Another way creators will engender long-term goodwill is through trust. Cynical creators will be surprised that the public will uphold the trust placed in it. For example, consider branding. People, and unfortunately even children, are remarkably brand-conscious. Marketers ensure that any child owning a Zune knows she does not own an iPod; any child eating Fruity O's knows she is not eating Froot Loops; and any child playing Secret Maryo Chronicles knows she is not playing Super Mario Bros. If the child does not know, marketers know that other children will inform the child in the appropriate tone of voice. Similarly, branding can work in reverse. A child that creates a level for a generic platformer using her own characters will, unfortunately, not be filled with the same amount of pride or receive the same amount of respect from her peers as a child that creates a Super Mario Bros. level that rockets up the charts, is played by thousands, and puts a small amount of coin in her purse. As such, it is obvious which path will be chosen. Instead of using marketing dollars to push product to the public, creators can use marketing dollars to pull product from the public. By placing trust in the public, the public will uphold the trust by self-policing, celebrating the creators, and continuing the dialogue.

The only “sacrifice” necessary on the part of a creator to place its trust in the public is a reduction in the creator’s ego. For example, consider the following questions. What does CAPCOM think will happen if it allows the public to make 8-bit Mega Man games and levels by selling level editors and compiled levels for profit? Is it worried that the fan-made games will eclipse the originals? Why? Will that scenario tarnish the Mega Man legacy, or will it be cause for celebration? Shouldn’t CAPCOM be proud to co-opt such talented individuals or teams under the CAPCOM banner?

Streets of Rage Remake

Considering the above, any reasonable valuation of goodwill will be astronomical, and more than enough justification to sell level editors.

Abolishing Don’t Ask, Don’t Tell by sanctioning a one-way communication channel for reply is only the beginning. It is only the first step in building a true two-way channel in the language of video games.