This is the letter that was sent to Humboldt University of Berlin's Commission for the Review of Allegations of Scientific Misconduct
Dear Members of the Commission for the Review of Allegations of Scientific Misconduct,
I am writing to formally lodge a complaint concerning a research project conducted by Ms. Mareike Stürenburg, a graduate student in your Department of Social Sciences. Her master's thesis, summarized in the conference paper titled "Erasure of the Other - How Modifications are Utilized to Decrease Diversity in Video Games" utilizes data from my platform, RPGHQ, without obtaining the necessary permissions from me or the users whose content was included. Additionally, the research mischaracterizes RPGHQ by falsely associating it with extremist content and ideologies, presenting a misleading and inaccurate portrayal of our platform. I believe this conduct breaches both ethical standards and legal protections, and I request a thorough investigation by your institution into this matter.
***Basis for the Complaint***
**Legal Protections and Unauthorized Use of Data**
While I understand that Humboldt University operates under German law, Germany is a signatory of the Berne Convention, and the content on RPGHQ is protected under the U.S. Copyright Act (Title 17 of the United States Code). This grants exclusive rights to copyright holders, including reproduction, distribution, and display (17 U.S.C. § 106). Additionally, RPGHQ's Terms of Service outline specific permissions and restrictions regarding the use of user-generated content. Users grant RPGHQ a non-exclusive license to their content but retain their copyright. Our Terms of Service state:
"You are granting 'RPGHQ' a non-exclusive, permanent, irrevocable, unlimited license to use, publish, or re-publish your Content... You retain copyright over the Content. You acknowledge that 'RPGHQ' is not responsible for the Content hosted on external services and that linking to such Content does not transfer any ownership or additional rights beyond those outlined in this section."
Any unauthorized use of this content outside the parameters outlined in our Terms, especially for academic or derivative purposes, may constitute copyright infringement and violates the agreed-upon terms.
Furthermore, much of the data used in Ms. Stürenburg's research appears to have been taken from sections of the RPGHQ forum that are not publicly visible and require registering an account to access. These restricted areas are designed to create an expectation of privacy and limited use. Accessing and using content from these sections without permission disregards our platform's Terms of Service and the privacy expectations of our users.
Ms. Stürenburg acknowledges the unique value and exclusivity of the data:
"This research is based on natural online data, meaning data that already existed and has not been generated specifically for the purpose of social research. Using digital sociology in this way permits a window into a digital social space that would be difficult to research otherwise."
The use of 3,078 posts represents a significant portion of our forum's discourse. Such extensive use does not, in my view, constitute Fair Use and undermines the value of our exclusive rights over the collected data.
By proceeding with her research without obtaining the necessary permissions, Ms. Stürenburg has violated both legal protections under U.S. Copyright Law and our platform's Terms of Service.
Additionally, our Terms of Service indicates that our platform is intended for American users, and no regard seems to have been given to this:
"You agree that by using this website that you are assumed to be an American."
**Ethical Misrepresentation**
Ms. Stürenburg claims to have mitigated ethical concerns by anonymizing user data and avoiding identifiable information:
“Ethical concerns regarding the use of natural online data were largely mitigated by anonymizing user data and avoiding lengthy quotations or identifiable information.”
However, this assertion is misleading. The research explicitly identifies RPGHQ and refers to me as "forum leadership", thereby compromising anonymity. Additionally, no effort was made to seek permission for the use of the data or to consult with me as the platform owner, which is a significant ethical oversight in academic research.
**Misrepresentation of Platform**
The research contains significant misrepresentations of our platform, RPGHQ, by associating it with extremist content in a misleading manner. Specifically, Ms. Stürenburg discusses "Right-Wing Extremism and Terror", referencing various video game modifications ("mods") that include controversial symbols and content:
"Several mods in the sample add symbols like the ‘Super Straight’ and Confederate flags, such as ‘Redneck Clothing’ for The Sims 2. Others add swastikas, like the mod ‘Human Holocaust’ for Marvel’s Spider-Man Remastered, or add sexualized Nazi-style uniforms, like the ‘Elite Lara’ mod for Tomb Raider. Non-visual Nazi references include ‘Reichssender Neu Vegas’, a radio station in Fallout: New Vegas playing Wehrmacht songs."
Earlier in the paper, RPGHQ is identified as a source of data where "users discuss and develop game modifications". While this accurately describes one aspect of our platform, the subsequent inclusion of a section titled "Right-Wing Extremism and Terror", alongside references to specific mods, implies that RPGHQ and its users are inherently linked to extremism or terror. This association is misleading for several reasons:
1. Legality of Content: The mods mentioned in the research, while controversial, do not violate U.S. laws and are therefore permissible under our platform's guidelines. Hosting such content does not equate to supporting or advocating for the extremist ideologies they may represent. According to the United States Supreme Court ruling in Brown v. Entertainment Merchants Association (2011), video game content is protected under the First Amendment of the United States Constitution.
2. Non-Endorsement of Extremism: RPGHQ provides a platform for users to discuss and develop a wide range of mods, some of which may be offensive to certain individuals. However, we categoricaly reject the notion that video games or their modifications can constitute "extremism" or "terror". This framing misrepresents the nature of creative and expressive freedom that underpins the modding community.
3. Potential Misinterpretation of Free Speech: The research appears to interpret our platform's commitment to free speech through a lens that may not fully appreciate the cultural and legal context of the United States. Free speech in the U.S. encompasses a broad spectrum of expressions, including those that are controversial or offensive, as long as they do not incite violence or engage in unlawful activities.
4. Impact on Reputation and Operations: Associating RPGHQ with "Right-Wing Extremism and Terror" without clear evidence distorts the true nature of our platform and poses serious risks to our reputation. Such misrepresentations could lead to advertisers withdrawing support, game developers and publishers reconsidering partnerships, and potential deplatforming by hosting providers, all of which would adversely affect our operations and community.
Furthermore, Ms. Stürenburg states:
“The forum leadership claims to practice ‘radical free speech.’”
This statement is inaccurate. I have never used the term "radical free speech" to describe my platform. The use of quotation marks suggests a direct citation, which is misleading and misattributes a characterization that does not align with our principles. RPGHQ is committed to upholding the principles of constitutionally protected free speech as recognized in the United States. Labeling our stance “radical” reflects a biased interpretation and misrepresents our values and practices.
By framing RPGHQ as endorsing harmful content and ideologically extreme, the research presents an incomplete and skewed portrayal of the platform. Such mischaracterizations not only distort the true nature of RPGHQ but also unfairly tarnish its reputation.
On September 17th, 2023, I published a statement addressing our platform's commitment to free speech and our stance on content moderation. This statement further clarifies our policies and provides additional context regarding our approach to hosting user-generated content. A copy of this statement is attached for your reference, titled "Free Speech Statement.png". I have also attached a copy of our rules as of the time of writing this letter, last updated August 29th, 2024, titled "RPGHQ Rules.png". Our rules clearly indicate that we allow viewpoints with which we do not agree and that we do not censor content.
As outlined in our attached statement and rules, RPGHQ is committed to upholding free speech within the boundaries of U.S. law without endorsing any unlawful activities or extremist ideologies.
**Conclusion**
I trust that the Commission will take these concerns seriously and conduct a thorough investigation into the matters outlined above.
Please confirm receipt of this letter and inform me of the actions your institution intends to take. Should you require any additional information or documentation, I am available to provide further assistance. I may be contacted at the email address below.
For your reference, I have attached a copy of Ms. Stürenburg's article. While I do not have access to her full thesis, she mentions that the paper is "an extremely condensed version of the findings from the author's master thesis." Given this description, it is reasonable to assume that the thesis contains a more extensive analysis of the data extracted from RPGHQ, likely including additional instances of unauthorized usage, mischaracterization, and ethical violations. A thorough review of the thesis is essential to fully understand the extent of these issues.
Sincerely,
Rusty Shackleford
Owner, RPGHQ
[email protected]
