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bwestergard

I'm glad to see this.

I don't work in games, but I am a software developer and a member of the Communications Workers of America. I've also taken leave to help workers in games organize.

I'm seeing a lot of ideological takes that are disconnected from the reality of unions with software developer members today. If anyone has questions about the CWA or game worker organizing campaigns, I'll do my best to answer.

northern-lights

This thread is filled with so many anti-union takes that you have to wonder if they are paid bots.

If you assume that most of the crowd that visits this website works in tech or tech-adjacent fields, how can you be against an entity whose main objective is to safeguard and work for your interests over your employers? Unfathomable that people are willing to do so much against their own best interests. Or...they are bots.

scoofy

Unions are complicated. Generally speaking they are good for workers, but when they start focusing on job security over compensation and build in seniority-based advantages, the leverage unions have can be wielded against consumers and fellow workers, not just against employers.

“Unions are unequivocally good” is about as naive as “unions are unequivocally bad.” It’s always a question of how the union prioritizes their power, and that can lead to bad practices in the long run.

If you care about fairness, generally, and not just “what’s good for me personally” you don’t have to look hard to see powerful unions acting in bad faith.

bb88

On the other hand, it's far more voluminous to catalog the list of corporations acting in bad faith and abusing their employees than finding the abuses of unions.

Firing managers for egregious behavior only makes the legal case for the victims. That's also why cities don't fire bad cops, but instead keep them around until pending litigation is resolved.

bwestergard

Do you have a particular historic incident in mind? In what national context was this taking place?

There have been very few incidents where a union successfully defended its particularistic interest in a way that harmed the interests of working people generally in the long term. Employers' associations have characterized union activity this way even when the unions were objectively losing ground in every way (e.g. declining wage shares of output, declining membership, etc).

For structural reasons, unions are constantly faced with a choice between limiting their interests to the defense of some small section of workers alone (e.g. lamplighters, software developers, truckers) or expanding solidarity with ever wider sections of the working class. To generalize for the sake brevity, unions that go the former route tend to become very weak and get captured by employer interests. Only unions that go the latter route, which requires them to adopt a broader view of their struggle, have any chance of becoming strong.

For a clear historic example in how these diverging approaches can play out, see Eley's discussion of the knife grinders union versus the metal workers union in turn of the century Germany (around page 77).

https://koncontributes.wordpress.com/wp-content/uploads/2018...

aidenn0

> ...how can you be against an entity whose main objective is to safeguard and work for your interests over your employers?

This is like asking how people can be anti Google when Google's mission is to "organize the world's information and make it universally accessible and useful."

I personally lean pro-union, but it takes very little empathy to understand that the people who are anti-union don't believe that the unions will serve their stated purpose.

tbugrara

I think you underestimate the anti-union propaganda of the last century. Any working class individual against unions parrot the same surface-level talking points predicated on their own limited understanding of labor. In a way they are bots; the alive variety.

drusepth

I would wager that a high % of the HN audience are the employers, not the employees.

satvikpendem

Or just highly paid or now retired employees. Which makes sense, why bite the hand that feeds.

xboxnolifes

I don't think they're bots, since I've seen the sentiment on HN for a long time. Instead, it reminds me of the idea of people seeing themselves as "temporarily embarrassed millionaires". If you see yourself as being part of the capital class in the future and think strong unions hurt the capital class, one might be against them.

JKCalhoun

I agree.

If not careful, it can come across as elitist: the notion that unions are for people who are replaceable—people that need unions.

I wonder though if those absolutely certain that they thrive in a meritocracy will have second thoughts if/when Corporate decides they're replaceable by AI.

satvikpendem

I mean, many on HN are actual millionaires who've made fortunes from tech money. They are the capital class, so unions hurt them directly.

culi

Related topic: People Make Games has had really great coverage on Rockstar's illegal firing of the developers working on GTA 6 because of their unionization efforts

https://www.youtube.com/watch?v=dnuipPQDd_w

Imnimo

Back when Arena was first announced, there was an interesting line in their write-up:

https://magic.wizards.com/en/news/feature/everything-you-nee...

>We've created an all-new Games Rules Engine (GRE) that uses sophisticated machine learning that can read any card we can dream up for Magic. That means the shackles are off for our industry-leading designers to build and create cards and in-depth gameplay around new mechanics and unexpected but widly fun concepts, all of which can be adapted for MTG Arena thanks to the new GRE under the hood.

At the time, this claim of using "sophisticated machine learning" to (apparently?) translate natural language card text into code that a rules engine could enforce struck me as obviously fake. Now nearly ten years later, AI is starting to reach a level where this is plausible.

In their letter, the union writes:

>Over the past few years, pressure has ramped up from leadership to adopt LLMs and Gen AI tools in various aspects of our work at WOTC, often over the explicit concerns of impacted employees

I'm curious if this would include fighting against turning WotC's old fanciful claim into a reality as the technology matures?

JRandomHacker42

The Arena card engine is based on CLIPS [1] and not modern LLM-based tools. Magic cards are written in a very constrained language (usually called "card templating") that lends itself very well to machine-parseability.

[1]: https://www.clipsrules.net/

tanjtanjtanj

There was an era about 10-15 years long where that was true but modern cards often fall back on very loose language that they tighten up with rulings prior or sometimes after release. See the language behind the "Prepared" key word in the newest set for a striking example.

JRandomHacker42

I don't think Prepared is ambiguous at all. It has its meaning defined in the CR (722) and every card that uses it has either a clear trigger condition or the "enters prepared" replacement effect. It's just a new designation and there are plenty of those already, including ones that are 10+ years old (Renowned, Monstrous, Level Up).

cleversomething

I think that level of ambiguity would be fairly easy to tighten up using the CLIPS system that was previously discussed. It isn't bug-proof and has needed manual tune-ups before but it's much more "hardened" than what we think of as AI now with LLM-powered tools.

nicolas-siplis

I'm actually working on this right now! https://chiplis.com/ironsmith

It's a parser + (de)compiler and rules engine which I'm trying to get to 100% coverage over all Standard/Modern/Vintage/Commander legal cards. About 23000 of them are partially supported, while 15k currently work in full (~3k more than what MTGA currently supports, IIRC). It also allows for P2P 4-way multiplayer which Arena unfortunately does not :/

HanClinto

This is seriously impressive!!

What are you planning on doing with this? Where should I follow along?

cleversomething

As others have said, there is an actual concrete system for translating card text into rules, and it's not an LLM (which would be a disaster).

I assume the wording in this letter is referring to using LLMs to generate slop as creative assets like images and music.

nonethewiser

I understand why workers in the video game industry want to unionize. They like the industry but the standards are shit. I do not see how unions will catch on in the video game industry.

The ability to unionize has very little to do with the ideology of the workforce and everything to do with the structure of the industry.

Unions tend to catch on when labor is irreplacable, workplace is large and centralized, if they can halt critical operations beyond their industry (ie railroads, ports, etc), there is low exposure to competition/off shoring, etc. The video game industry itself is not very ripe for unionizatoin.

rhcom2

I'm not sure that's true. Surely doormen, janitors, and security guards are not "irreplaceable" and can't "halt critical operations beyond their industry".

xienze

That's all labor that can only be done "here and now." Can't just have Indians do it over the internet. And replacing the workers at a moment's notice is usually complicated by the striking workers harassing and attacking the replacements. Again, hard to do that when your replacement is on the other side of the globe.

qq66

You cannot simply transfer Magic the Gathering to overseas workers and expect any kind of usable result. It will be from an entirely different cultural framework.

bluefirebrand

I think on the contrary somewhat

If everyone at a game developer goes on strike, there is basically no amount of outsourcing or scab labour that can replace them. This is actually probably true of basically all software

Just refusing to share passwords into key systems would be enough to significantly halt any attempt to bring on an entirely new development team

nonethewiser

Yes but what happens? The video game is not maintained or released. Society doesnt care that much. It's not critical and there are millions of alternatives.

Lapra

Most entertainment industries have very strong union presence.

darkwater

Well, it happens that the company that has workers on strike at some point stops making money because of that.

bluefirebrand

The point isn't about what society cares about. The company loses its investment entirely unless they bargain with the union

cleversomething

Magic: the Gathering is the only profitable arm of Hasbro. I don't have the specific revenue numbers, but Arena is a huge part of the ecosystem. Sure, society at large wouldn't care, but letting the Arena release schedule slip behind the "paper cards" product would be a huge embarrassment within the community of customers and content creators that fuel the MTG machine. I would be shocked if they let it happen lightly.

I would be a lot less shocked if Hasbro sends in the Pinkertons to do some "persuasion" in the coming weeks and months:

https://www.dicebreaker.com/categories/trading-card-game/new...

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northern-lights

What has unionizing and society caring have got to do with each other?

michaelt

Some historically powerful unions have enjoyed their power because their strikes not only stop their employers making money, but also impose great inconvenience on many people downstream of them.

If truckers or dockworkers go on strike there's no food on the shelves, if coal miners go on strike the lights go out, and so on.

As a consequence of this, employers are motivated to make a deal not just by missed opportunities to make money, but also by politicians, other powerful capitalists, and public opinion.

Of course there are plenty of unions where this isn't the case; theatres and hollywood are unionised despite the fact nobody freezes or starves when they go on strike.

Game developers are, I think, closer to the hollywood position than the dockworkers position.

satvikpendem

Well, the theater and Hollywood workers themselves starve, as seen in the last recent strike, with many not being able to make ends meet.

charcircuit

Doing that would nuke your career. What company wants to hire someone who sabotaged their previous employer?

bluefirebrand

What worker wants to work for an employer that pays them bare minimum and treats them as a replaceable cog?

drusepth

> Remote Work Protections: Leadership is instituting a mandatory RTO, forcing numerous remote employees across the US to work from a physical office or be forced to resign.

This alone is enough reason for anyone to be up in arms and unionize. Kudos to them for banding together for better working conditions. I hope more big companies follow suit.

looneysquash

Somewhat related, this book is pretty good: https://ethanmarcotte.com/books/you-deserve-a-tech-union/

It answers a lot of the questions I see being asked in this thread.

iwhalen

From the full letter[1]:

> Our Free Time is Our Own: Currently, if an employee makes anything creative in their free time, with their own resources, Hasbro may claim ownership. What we do in our free time should not be dictated by the company; neither should what we make in our free time be owned by the company.

How common is this in creative fields?

From my perspective this seems outlandish. Imagine doing FOSS work or a side project on your personal computer and your company tries to claim it. Odd...

[1]: https://unitedwizardsofthecoast.com/letter

drob518

Most employment agreements for tech companies have a clause that says that the employer owns everything you do while you’re working for them. And if you’re on salary, as opposed to working by the hour, there really is no “free time.” In practice no company is going to go after you for anything that is non-competitive, and doubly so if it’s also open source work. But yea, if you’re inventing competitive products in your “spare” time, companies could go after you.

paulddraper

The relevance isn’t wholly work hours but rather “work for hire,” I.e. if it’s in the scope of your paid responsibilities.

A handful of states including California disallow this condition.

margalabargala

Most? No. Many, sure.

> have a clause that says that the employer owns everything you do while you’re working for them

Good companies will have a clause that says the employer owns everything you do in the relevant field of the company while working for them, explicitly naming that field.

If you work for a logistics company, you would be able to write your own video editor without any worry. If you work for a not-shitty company.

drob518

I’ve worked at 12 companies in Silicon Valley and they all had variations of such language, whether huge Fortune 50 corporations or 4-person startups with the ink still wet on their incorporation filing. Yes, the better ones have a clause that restricts the claim to competitive work, but not all do. Smaller companies will be more flexible with you, particularly if you’re a key hire. At larger companies, it’s typically take it or leave it. HR has forms that must be signed and they sure aren’t going to involve the legal department for you. And to be clear, nobody is going to come after you for a completely orthogonal work product. There’s no point because they can’t monetize whatever orthogonal thing you created and it would cost them lawyers fees for no return. But I have seen companies try to enforce those contracts before. I have not ever seen one go to court. They typically settle before they get that far, but rumors were that IP was given to the company. The employee left in any case and redid the work outside.

kevinmgranger

Do you have any figures that show it's _most_? I sure hope not, but I wouldn't be surprised either.

Bratmon

Finding one that doesn't would be very hard.

vunderba

[dead]

vidarh

Common enough even in tech that I've both had contracts try to demand this, and had contracts explicitly rule it out being presented as evidence of how great the company was.

stego-tech

Seconded. I had to be very careful to work on side projects completely divorced from my main job for a spell, and had to get legal approval first.

The common attitude of companies is that they’re paying for the whole of your life inside and outside of “work”, and these Unions are a response to that encroachment (and associated under-compensation in general).

Good on them. Best of luck negotiating a fair contract!

DelaneyM

It's not at all uncommon, and important.

When someone is empowered to work remotely, and is salaried and not held to specific hours, then it's very hard to identify what work is "theirs" and what work is "the company's" in a legally consistent way. Yes, it's usually obvious from context, but context doesn't always carry to a court of law. It can be particularly messy because the kinds of open source projects one contributes to often overlap with the work they do in their day job.

So most companies which are salaried and allow WFH will usually ask employees to explicitly list any project they work on which they don't want owned by the company, with the expectation being that everything unlisted is owned by the company. It's a bit cumbersome, but generally the least bad option.

At our company we have a form to file if we do work outside of hours on OSS or pet projects, and to the best of my knowledge nobody has ever had their application denied.

edit: it's important because it's symmetric - not only does this define what _isn't_ property of the company, it defines what _is_. So if you come up with a clever solution to a problem for a company purpose and introduce it into an OSS project, it doesn't come back to haunt the company.

sophacles

Also worth noting - the company may not mind you doing that work today but without anything in writing the company may come after you in the future. This is particularly relevant when you're on salary and work for a company that may be acquired or experience significant board turnover. I've had several employers who were very pro- side project and pro-OSS explicitly state that they'll approve anything that doesn't compete with the core business, but get it in writing for my own protection in ideal future of post-acquisition.

bluefirebrand

> When someone is empowered to work remotely, and is salaried and not held to specific hours, then it's very hard to identify what work is "theirs" and what work is "the company's" in a legally consistent way

It's easy. Work done on company issued hardware belongs to the company. Everything else does not

margalabargala

No, it's really only companies that don't care about being shitty that do this. It's a callous lack of regard for employees that leads to the situation you describe, though you're right that it's not uncommon.

Any halfway decent company will restrict in the contract to IP that's related to the company's area of business. If you write logistics software, the company will say "we own all logistics software you write". You can't create a competitor. But if you work for a logistics software company and decide to go write a video editor on your own time, the company wouldn't own that.

mjr00

> If you write logistics software, the company will say "we own all logistics software you write". You can't create a competitor. But if you work for a logistics software company and decide to go write a video editor on your own time, the company wouldn't own that.

The problem is there's no clear legal definition of what "logistics software" is. A video editor is a seemingly obvious example of what is not, but what if you came up with a novel optimization technique which is not necessarily only applicable to logistics? Could you spin off that software into a separate business? What about something more fundamental, like tooling? Think about something like Slack, which was just meant to be an internal messaging tool created as part of the development of a video game. Imagine after Slack took off, that an employee claimed that because they had written Slack at least partly outside of working hours and it was not "video game software", the company didn't have ownership of the software.

This is why the common approach is that the company owns everything except anything explicitly carved out, it avoids ambiguities like this.

stego-tech

Can't speak for creative fields, but it's remarkably common in tech. It was tolerable when wages meant we could afford rent or possibly a home and job security was excellent, but that's no longer the case, and thus folks are starting to push back on that excessive overreach.

See also "anti-moonlighting" and "anti-social media" clauses. Hell, I've seen the odd story of folks being fired/disciplined for their dating profiles before. If the government doesn't tell them no, companies will take every inch they can get.

jballanc

My first job after finishing my undergrad degree was performing quality analysis on corn starch. As a condition of employment, I had to sign a paper saying anything I invented related to corn was property of my employer.

InitialLastName

It's extremely common in lots of creative and technical fields. It is usually restricted to work related to the employer's field and the employee's function, but one could imagine some employers of folks in the creative arena being a bit more... expansive in their interpretation.

littlecranky67

This is common in Germany at least in the scope of patents and inventions. That is, if you make any invention at have it patented or market it outside of your job, your employer owns that patent and the profits ("Arbeitnehmererfindungen"). Luckily, a slow beaurocratic government works sometimes in our favour, as they never updates the law to apply to software, and software is not patentable in Germany or the EU - so we can work on side projects in software without that affecting us. But if you are a mechanical engineer, you are screwed.

Dunedan

That's not correct. "Arbeitnehmererfindungen" only apply to inventions you make as part of your paid work. See https://de.wikipedia.org/wiki/Arbeitnehmererfindung

Whatever you do in your spare time is up to you and your employer has no saying over it, unless he can prove that it negatively impacts your job performance.

tristor

Unfortunately IP assignment agreements are very common, even in non-creative roles and fields. Many many many companies have overly-broad employment agreements in the US, mostly because they know few people will challenge it and that the legal protections for workers are basically nothing. I personally will never sign an IP assignment agreement that isn't explicitly scoped to apply only to work hours and company-provided equipment. What I do on my own time with my own equipment is my own business.

nonethewiser

What is the Arena team? Looks like the team that makes the Magic The Gathering video game?

Banditoz

Arena is WotC's video game version of Magic the Gathering, yeah. Notably it's got microtransactions and such for opening packs of cards.

bena

TBF, that's just kind of built into the product naturally.

tiagod

There are several MTG video-games. In this case, it's "Magic: The Gathering Arena"

https://en.wikipedia.org/wiki/Magic%3A_The_Gathering_Arena

aidenn0

Given the historic opposition of many employers to unions, perhaps this should be tagged NSFW?

zulux

I hate unions, but I've noticed they only form when there's some sort of abuse. Treat employees well, and this isn't a problem.

Also, flip the hierarchy: a business that puts employees first and profits for owners last can often have a shit ton of profits for owners. Executing isn't easy and requires wisdom and work - but that's why owners are paid the big bucks.

If owners can't hack it... Then it's a skill issue. Get gud.

nsingh2

> a business that puts employees first and profits for owners last can often have a shit ton of profits for owners.

Owners can make 100x that shit ton if they put profits for owners first, so why wouldn’t they do that instead? Out of the goodness of their own hearts?

monknomo

To me, this comment is a bucket of contradictions.

Why do you hate them, when you recognize that they are general the result of abuse? I'll cop to unions not always being great; the rules can be counterproductive, or sometimes limiting, but they are up to the union members, so at the end of the day there is some kind of reason for them.

And the second paragraph - barring ESOP or employee-owned co-ops a union is pretty much the only game in town other than crossing your fingers and hoping the company owners, or board, or stock market are capable of pulling their head out of their ass. this can be a big lift.

darkwater

In other news, with common sense and widespread honor, dignity and honesty, every form of government can work beautifully well, from anarchy to plutarchy to democracy to dictatorship, either using capitalism, communism or any other -ism.

glasss

Great to see! I think unions should be the default for most situations.

satvikpendem

I wonder why in America it doesn't happen in the tech sector for devs specifically (as there is Alphabet Workers Union), beyond the typical reasons of American anti union sentiment like corporatism, bootstrap mentality etc, despite which there are many unions in the US like UAW, police and teachers unions etc.

For tech, it's largely a different set of reasons, like high wages, no real grievances per se, and the ease of transferring to other companies, plus the work is all virtual so there is no reason why companies cannot outsource to another area where the union has no power, if the workers are just on their computers for work anyway. This latter reason is actually exactly why Netflix is investing heavily in South Korean productions.

glance9835

Yea it is odd. Bc then tech workers get fired on mass just to get a little boost in stock price. And yet many don't think we need a union...

satvikpendem

I don't think a union would prevent them getting fired though, much less getting outsourced to areas without unions.

sfink

I think some of it is that "union" has a different meaning in the US vs (eg) the EU. US unions are explicitly adversarial and tend to use the strategy (usually associated with capitalism!) of optimizing for short-term union benefit above all else, using brinkmanship and value-capturing tactics. EU unions, according to my weak understanding, are significantly more collaborative and more likely to be amenable to compromise if it contributes to the health of the corporations or institutions.

My naive view: in the US, unions are all about creating another set of assholes to counterbalance the existing assholes. In the EU, there's at least some thought towards "hey, maybe we shouldn't all be assholes?" (Or at least, not all of the time.)

That doesn't address your question of why it doesn't happen in the tech sector, but perhaps my anecdotal opinion is widespread enough to be added to your (already good) set of hypotheses?

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dhosek

It’s because the capitalist class has successfully persuaded the proletariat that they shouldn’t join a union. The US has been very successful at concentrating created wealth into a small number of people.

satvikpendem

> beyond the typical reasons of American anti union sentiment like corporatism, bootstrap mentality etc, despite which there are many unions in the US like UAW, police and teachers unions etc.

As I said for tech workers it's a different set of reasons.

culi

And they are in much of Europe! Sweden, Denmark, Finland, Norway, Austria, Belgium, Iceland, Italy, etc. Even France has over 80% coverage

zetanor

I understand that Europe doesn't have many mandatory union arrangements.

In Canada, unions are often shop-wide with no mechanism to opt out, which makes them very sticky and allows them to grow predatory if they can maintain enough corruption or apathy. I'm led to believe that many US states have similar problems, but that's only based on how American unions are portrayed in news and fiction.

xienze

And what has that really bought them? The wages are laughable compared to the US where you'd THINK us non-unionized tech workers would be paid minimum wage. And the famous European healthcare and long vacations are more a function of the government than anything the unions have explicitly bargained for.

culi

You mean to tell me unions can make a government actually responsive to its people? Gee wouldn't that be nice to have here

TacticalCoder

[flagged]

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