The Lawbringer: Dispelling the panda myths
by Mathew McCurley 
Oct 28th 2011 at 4:00PM
With the announcement of Mists of Pandaria and the inclusion of the Pandaren race in World of Warcraft, the most-asked question that I received was "How is this possible with the laws in China against killing pandas in video games?" The second most-asked question was "How is this possible when Kung Fu Panda will just sue Blizzard?" After I got over the initial hilarity of imagining the actual Jack Black-voiced Kung Fu Panda taking a dude to court, I realized that the myths about China's involvement with pandas in games, as well as what constitutes a real cause of action in terms of copying characters, are finally issues at the forefront of WoW topics.
The Lawbringer is all about pandas today. You might be sick of them, you might love them, or heck, you might be on the panda fence. I can promise you that even if you aren't a Pandaren fan, you just might learn a little something or two from today's all-panda fun. Sit back, relax, get all Zen-like, and let's see what the Pandaren have to offer us.
Why not sooner?
There are a lot of myths out there about why Blizzard never introduced the Pandaren race earlier than now. The Pandaren has been and still was one of the most requested races by players to be added to the game. Their Blizzard origins come from artist Samwise Didier, who originally used his Pandaren creations on greeting cards and personal drawings for his family. The Pandaren made their way into Warcraft III on Illidan's glaives as well as through Pandaren hero Chen Stormstout, friend of Rexxar during the Orc campaign in The Frozen Throne. Pandaren have also been the stewards of the Blizzard April fool's jokes in years past, so many people considered them a joke, all things considered.
One of those prevailing myths about why Pandaren haven't been fully realized in game sooner was that the Chinese governmental body that approves games for distribution, the Ministry of Culture, had some sort of rule or law that the panda should not be depicted in media being hurt or killed. This is just not true. In fact, there really isn't any type of law like that. There are some crazy laws on the books with regards to pandas, like the millions of dollars in fees zoos have to pay to keep pandas out of China, but not anything with regards to media. In fact, there are a bunch of Chinese-made games with Asian-inspired expansion packs, races, and entire MMOs based around panda people.
So why did China have a problem with Pandaren?
The root of the Pandaren problem wasn't in a law or regulation. Many have speculated that Chinese aversion to the original Pandaren drawings by Samwise had to do with the Pandaren being characterized as samurai in traditional samurai clothing. The panda is inherently Chinese, but the samurai armor and styles that Samwise had drawn them in had the trappings of Japanese culture. The Chinese and Japanese have a long, storied, and problematic history that makes this type of cross-culture expression somewhat looked down upon.
After a while, the Pandaren characters lost their samurai warrior clothing and instead donned the traditional black and white Chinese linen garb and conical straw hat. This, presumably, made the Pandaren more palatable for the Chinese and paved the way for the Pandaren we see today. If you've ever wanted a more clear-cut, teachable moment in video game translation and localization, this is it.
So no, the Chinese authorities and ministry of culture do not have a law on the books banning panda people from getting popped with some magic spells or beaten down in PVP. WoW's troubles in China with releasing expansions, content, or other related products are merely political in nature, having to do with their relationship to the companies that they have contracted with for distribution and development. The ministry of culture does have laws that forbid foreign companies from engaging in joint partnerships, and the NetEase/the9 debacle surrounding the release of Wrath of the Lich King was definitely attributable to "laws on the books." Pandaren? Nope.
The other email I got in droves (and I wish I were using this word in an inflated sense, hyperbolically, if you will) was what Kung Fu Panda thinks of all of this. Well, for one, Kung Fu Panda doesn't think anything about this. He's off saving the world from Ian McShane. He did the voice of the villain in that movie, right? I love Ian McShane.
No, if anyone would be upset, it would be Dreamworks Animation, the company that produced the film, as well as its distribution partner Paramount. The real question is whether or not enough of Mists of Pandaria looks too much like Kung Fu Panda for there to be a cause of action against Blizzard for ripping off Dreamworks' film. There are a few factors to consider:
- Is the work in the same medium?
- Could a consumer get confused as to which brand is being represented?
- Can you even own the concept of a kung-fu-fighting, anthropomorphic panda man?
Think about it this way: I can copyright specific works of fiction and certain specific aspects of that story that go along with the whole, but general concepts and story tropes are not protectable. If I wrote a story about two star-crossed lovers who can't be with each other because of familial tensions and fighting, the corpse of Shakespeare isn't going to take me to court. Similarly, if I wrote a book about zombies, author Max Brooks won't have anything to sue me over. However, if I wrote a book about a roving reporter during the zombie war, there might be something there, à la World War Z (which you should all read). Remember when The DaVinci Code hit it big and authors from all around the world came out of the woodwork to say that they already came up with the idea of a super-smart symbologist who tracks down the lost heirs of Jesus Christ? I actually worked on one of these cases, and it was truly an experience.
Copyright lawsuits come about when two pieces of art or media are too similar to a consumer such that the copies could be mistaken for the original or as a derivative work of the original. Let's stay with the Kung Fu Panda example. If you're a Netflix Instant Watch subscriber, you've most likely seen a movie called Chop Kick Panda show up in one of your queues. Chop Kick Panda is about as rip-off-y as you get in terms of story, character design, and tone. The characters in each film are practically the same. Seriously, go watch the first three minutes of Chop Kick Panda and tell me someone didn't watch Kung Fu Panda and just happen to make their own movie.
Is that a comprehensive look at the copyright issues dealing with story tropes? Nah. Is it enough for this particular topic? It sure is. Mists of Pandaria and Kung Fu Panda can live in harmony and peace, together in a world where pandas doing martial arts don't infringe on each other. Balance in all things, etc.
See you guys next week.
This column is for entertainment only; if you need legal advice, contact a lawyer. For comments or general questions about law or for The Lawbringer, contact Mat at mat@wowinsider.com.
Filed under: Analysis / Opinion, The Lawbringer, Mists of Pandaria
Reader Comments (Page 1 of 7)
FireMaster Oct 28th 2011 4:11PM
What's your opinion on why they can't sell the Annual Pass to some countries?(In my case, Brazil)
Because I really wanted all the bonuses, but I can't buy it.
Eyhk Oct 28th 2011 4:48PM
I'm guessing contract laws, credit, and the ability to collect?
Ice Oct 28th 2011 6:11PM
Without knowing all ins and outs theres few reasons.
1) Some countries simply dont take electric signatures (you know, html checkbox that says "yes") as acceptable. You have to fax your sig or something like that. Setting up that might cost too much money or hassle (you would actually *need* customer service people or more of them instead of this automated service that it is now)
Imagine getting thousands at first weeks and hundreds afterwards of faxes everyday where you have to locate who made the sig (people usually forget to fill stuff) then go to their account info and enable it and then save the signature for future reference and then send copy one way or another of the contract back...that thousands of times a day? Needs more resources and people.
2) Some countries (specially few in EU) are against contracts that give "freebies". For example long time ago in my country it was not allowed to give phone with new contracts, it "interfered with the competition" or something.
So basically attaching iPhone into operator was not allowed at all. Nowdays you can here but this type of law remains in some countries..
3) Kinda same as 2. For example I believe you still cant RaF in some countries because its illegal to get someone into buying something and get "something out of it". Not related to annual I guess but it can be..I dont know.
Or simply you are not allowed to bind someone into long contracts they cant get out of AT ALL..
Mark Oct 28th 2011 7:08PM
I for one would love to hear the author's opinion about Nintendo and Pokemon vis-a-vis a lawsuit.
Phredreeke Oct 28th 2011 7:53PM
As for Ice's first point, couldn't they just have you pay the whole sub in advance? (there's already the option of paying in 6 month installments)
Ice Oct 28th 2011 9:15PM
@Phredreeke
True, unless country has laws against "bonuses" that you collect by paying a lot.
Or theres something you can do to cancel 12 month sub and get money back that makes it not attractive choice.
And lets face it, who in the world pays 180 dollars on one day?
I think they are working on it or they cant/dont want to make it unreliable in a way that "pay and you build up meter, not commitments" because the whole idea is to "force", so to speak, people to pay 12 months not when pay when you want and someday you get D3.
ilyena Oct 29th 2011 6:51AM
Ya I know......Singapore gets the annual pass but Latin America and the Caribbean don't? Uncool....I want that mount! lol
Jully Oct 29th 2011 12:34PM
Specifically to Brazil, I think the problem is that they're about to release the Brazilian servers, and people will be able to pay in Brazilian Reals. They've said that those of us with NA accounts will be able to migrate, so I guess they don't want the hassle of a bunch of ppl locked in a contract already and not being able to migrate flooding the customer service's lines.
BTW, none of Ice's points apply to Brazilian law.
FireMaster Oct 29th 2011 12:46PM
Yeah, I get the point, Jully.
So I hope they sell it to us afterwards, because I want the mount so bad.
Another thing I think that influenciates this is the monthly fee, as here in Brazil it will costs almost US$9, so it's a great diference...
Tuhljin Nov 1st 2011 1:40AM
"I for one would love to hear the author's opinion about Nintendo and Pokemon vis-a-vis a lawsuit."
If Digimon doesn't have a case against Pokemon (or vice versa; I forget which came first), then do you really think Pokemon has a case against WoW pet battles? Honestly.
razion Oct 28th 2011 4:12PM
"Remember when The DaVinci Code hit it big and authors from all around the world came out of the woodwork to say that they already came up with the idea of a super-smart symbologist who tracks down the lost heirs of Jesus Christ? I actually worked on one of these cases, and it was truly an experience."
I find myself wanting to hear more about your case, now.
Thomas Higgins Oct 29th 2011 6:10PM
So we players who haven't fallen for the bullshit and are not obscenely, obsequiously grateful to Blizz for scrawling all over the game with black and white crayons are vile?
Get tae frick, flower. If you cannot handle grown ups being righteously pissed at things you like, do not get in the kitchen, there's a dear.
PKthe13thvah Oct 30th 2011 12:01AM
Woah, Tom...where did THAT come from?
Thomas Higgins Oct 30th 2011 1:04AM
Oh heck, sorry. Would you believe "comments system"? Oh, i did write that, it was just in reply to someone else. Tulipblossom, methinks. I am vile because I hate the very idea of bi-colored furbags, apparently. I am not allowed to say so because I get cast into the utter darkness. And I try so very hard to be polite.
Even though I would cut my right arm off and beat myself to death with the soggy end if I ever thought for one iota of a second of actually playing as one of the damned detestable things. . .
Andrew Oct 28th 2011 4:13PM
Terrific work, very clearly explained. Now can you just take a few seconds and repost this on ever forum, blog, message board and website on the internet? Thanks.
Everclear Oct 28th 2011 8:50PM
Hell, if anything, Dreamworks is absolutely loving this decision by Blizzard. Over 12 million people in the world playing the most popular game in history are being subtlely reminded of one of their franchises? It's free press. I bet the next sequel makes a ton more money now.
tulipblossom Oct 29th 2011 10:26AM
Absolutely, I second this idea. I am so insanely tired of hearing about Kung Fu Panda. I've never even seen the movie, but of course know of it, and my brain never once went that route, until I heard it being spouted every which way I looked. Oi.
Everyone is entitled to their opinion, of course. But, I can't help but feel that so many of the folks who keep shouting from the rooftops about how childlike and silly the Pandaren are and how ridiculous MoP is for the next expansion, are actually doing so in the most immature and juvenile ways. What does that say?
Have an opinion, but express it maturely and respectfully. The people who seem to hate MoP and the Pandaren as the next race, also seem to express themselves in the most childish of ways. They're so loud and vile, even. I don't understand. Are they just the vocal minority or what? I thought that the average WoW player would be pretty pumped about MoP and the new race. I mean, I've heard for years now, over and over, how much a large portion of the community has wanted Pandaren in the game.
Personally, I'm thrilled about MoP. First off, I'm just happy to keep getting expansions. I mean, out of all the MMOs I've ever played, WoW is by far the best and to just keep getting expansions, in general, I'm grateful. But, I've never really been disappointed in a single one, to be honest. Of course, I have things I dislike about each one, but I'm extremely pleased in general, every time. And, MoP looks -gorgeous- so far. I love the asian theme, the music seems great, I'm thrilled to get a new class (and Monk, no less!) and the Pandaren.. be still, my beating heart. The male Pandaren look incredible so far. And, as long as they make the females look just as incredible, I will be over the moon.
(cutaia) Oct 28th 2011 4:16PM
"If you've ever wanted a more clear-cut, teachable moment in video game translation and localization, this is it."
Is the lesson, "Make sure you appease a country's racism?"
I honestly wish the myth were the truth. I'd rather know that China's problem with Pandaren was that they didn't want to see a creature they respect and love be injured or killed. Knowing that the real problem was more along the lines of, "Ew...you made our animals look like those filthy Japanese," makes me feel kind of...I dunno, like it supports hate and bigotry in a way?
Is this just me, or does anyone else understand what I mean?
I suppose I could look at an example that might hit more close to home. It might be weird if I saw a game that dressed bald eagles in ponchos and sombreros, since America thinks of that as our national animal. But could I bring myself to hate a developer who made that "mistake?" Would I want that game banned either on a governmental level, or even just from a consumer boycott level? Would I demand that they throw that eagle in the stars and stripes to make me feel better about it?
The whole thing's just something I don't understand.
Seraph Oct 28th 2011 4:22PM
You're talking about a communist country with a history of murdering its own people when they disagree with the government. It doesn't surprise me terribly.
That said, kowtowing to a government that behaves that way strikes me as tacitly approving of it, but Blizzard is a company with a large playerbase in China, and a business has to make business decisions, so I guess it makes sense.
MattKrotzer Oct 28th 2011 4:24PM
Based on census results and the rate of population change, one could argue that a bald eagle in a poncho and sombrero's not that far off from becoming our national symbol.