Blizzard Techs Talk Login Times, Not Gay Rights
Shane Dabiri and John Lagrave took an interview with Eurogamer, and used the opportunity to talk about the login problems that have been plaguing World of Warcraft since Christmas. As techs, they're not there to talk about the ongoing discussion involving Gay rights in their game world. Kotaku, however, is not under any kind of restriction, and reports on legal movement against the company by Lambda Legal. The group is organized around procuring civil rights for people in the GLBT community, and sent a strongly worded letter to Blizzard's legal team. From that letter: "We are very concerned that Blizzard's policy, as expressed in the foregoing statement, discriminates against LGBT gamers. Although preventing harassment is an admirable goal, a requirement that LGBT people remain invisible and silent is not an acceptable means of reaching that goal." Blizzard has already removed the warning from the player in question, saying that it was an 'unfortunate interpretation' of their EULA.
One could easily argue that they aren't denying a service. GLBT users can still login, play, join a guild, enjoy the game, whatever. As I understand it, all they are (were?) being prevented from doing is broadcasting that a particular guild is GLBT-friendly and from engaging in same-sex marriage in the game world.
For the former, one could even argue that a GLBT guild is discriminatory against straight users. Assuming a "straights only" guild is against the rules, I have no complaint here.
For the latter, it's a medeival game world. Translating real-world modern social issues to be compatible with a game world like that just doesn't work...Blizzard created that world, they could simply state that the society does not permit homosexual marriage and let that be the end of it.
120 characters for a sig? That's bloody useless.
That's pretty much what Kinsey found in his study.
Tolerant. It was a guild for people who were tolerant of gays, lesbians, and bisexuals. No requirement to be a member of one of those three groups. You just had to stop using OMG F4G!!!!11!!one when someone ganked you.
It may look like I'm doing nothing, but I'm actively waiting for my problems to go away.
--Scott Adams
The Experience of Homosexuality in the Middle Ages by Paul Halsall, 1988.
Homosexuality.
Except that it is very binary:
"Would you like to have sex with a member of the same gender, ever, under any circumstances?"
"Yes, please." == gay
"No, thank you." == not gay
Really, is it that hard to figure out?
Within the first group, you do get quite a spectrum: Men who are gay in prison, girls who "experiment" with being gay in college, guys who like hermaphrodite porn, Ford F-150 owners, etc., however, even in these marginal cases that you might say just barely are gay, you either are in that first group or you're not.
Now, if you want to say that this rigid definition implies that there are a lot more gay people out there than those who are identifying themselves as gay, I'd say you're probably right. The F-150 is America's best-selling truck after all.
I'm a lawyer - although civil rights is not my area of specialization - and it's not that simple. The world of "I own it & I can damn well do as I please" is long gone. A court would most likely find the WoW is a "public accommodation" and since it engages in Interstate commerce and uses the modalities of Interstate commerce it is subject to non-discrimination laws. However - Gay is not a protected class of people so Blizzard can do as they want with regard to gays - but just because you own something doesn't mean you can set ALL the rules.
What they've said is you can't make a blatantly homosexual guild, as in the name, and you can't recruit on the general board based on that. They impose similar restrictions on religions, politics, straight sex, etc. Except that from what I've read, there are several blatantly Christian guilds who recruit on the general board based on that, and they haven't been told "you can't do that."
I've read of the same happening to this group happening to many of the fundamentalist christian groups.
Computers allow humans to make mistakes at the fastest speeds known, with the possible exception of tequila and handguns
One could, but that would have nothing to do with the subject at hand.
The guild in question is GLBT friendly, not GLBT only.
If you still want to have a problem with their membership policies then you will also have to have a problem with _every_ guild which doesn't have a completely open door to everyone who wants in.
As a Non-government entity, Blizzard has the absolute right to restrict any and all speech in the forum they create. Neither you nor any group have any legal standing in this matter.
Blizzard is not saying "G/L/B/T's cant play WoW". They are saying "we don't like/approve of the discussion of this topic on our privately owned server."
If Blizzard wishes, they may ban political speech, commercial speech, or all words with the letter 'c' in them. If you don't like it, take your business elsewhere.
As has been said many times before, the First Amendment protects you from Government action, not private action.
The lawyers 'taking action' in this matter know this, they are just trying to get attention. They know they will not win any legal action; they are just pushing a political agenda.
If they really want to achieve something, they should organize a boycott, not threaten legal action (which no lawyer will take seriously).