ESA Backs Off Legal Threat to Game Blogs

ESA Backs Off Legal Threat to Game Blogs

November 22, 2006
It takes a lot to admit you were wrong, especially in public.

So this morning GamePolitics has to give props to the video game industry's trade association, the ESA. Yes, they screwed up, but they seem determined to make amends.

Readers may recall a couple of weeks back that the ESA took offense to a parody t-shirt being sold by online retailer T-Shirt Hell.

Game blog Bits, Bytes, Pixels & Sprites wrote the first story about the offending shirt, which used the ESRB's "E" rating graphic as the backdrop for a somewhat off-color joke. Kotaku picked the story up as well.

The ESA was unhappy with the parody of one of its trademarks, and sent a menacing cease-and-desist letter to T-Shirt Hell, which has apparently blown them off. The shirt remains for sale

Unfortunately, the ESA also made similar threats to Bits, Bytes, Pixels & Sprites and Kotaku for simply covering the existence of the shirt. BBP&S, a one-man shop, decided that discretion was the better part of valor and removed its story. Kotaku, with the resources of the Gawker Network at its disposal, told the ESA to go pound sand.

But BBP&S is now reporting that the ESA has undergone an epiphany. General Counsel & Senior VP Gail Markels contacted the site yesterday:
The ESRB Rating Icons are valuable trademarks of ESA, and we must be vigilant in protecting them against unauthorized commercial uses, lest our trademark rights become diluted. At the same time, we also understand and respect the First Amendment rights of those who, like bitsbytespixelssprites disseminate news and information.

That said, we have taken a second look at this issue and concluded that bitsbytespixelssprites was reporting on a product in the marketplace, and is not involved in distributing or marketing this product, and thus did not engage in any conduct sufficient to trigger the issuance of the cease and desist letter we sent. Please accept our apologies. I am happy to discuss this with you further if you so desire.

BBP&S editor Danzuke was gracious in victory:
It’s better to be friends with the people that report the news than to try and make enemies. They never should’ve bothered me in the first place about it but I’m truly and honestly appreciative of the ESA for the letter...

No word from Kotaku yet, and the ESA has not responded to GP's requests for comment on the original story.

That's okay. We're just glad the ESA saw the light and did the right thing. 

UPDATE: Kotaku is now reporting that they received the same change-of-heart letter from the ESA.

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"It’s your classic gamer thanksgiving special!"

What better time for it, eh?

I'm glad to see the ESA doing this. If nothing else, it's good to see they haven't completely lost their minds. =P
Yay to freedom of expression!
In other words, they got so much hate mail on this that they did a 180.

I'm sorry, but if the higher ups simply retracted it when they first knew about it, why did it take this long to issue the retraction?

I know I'm cynical. Christmas in Retail does that.
I can't remember the last time the music industry ever admitted wrongdoing. :P
@Kyouryuu
Hey! That six year old girl had it coming! ^_^
WOOT! No gamer civil war!
I'm not suprised. It amounts to one person's mistake of Ctrl-C/Ctrl-V'ing (or Apple-C/V'ing for us Macsters) the C&D letter to anywhere that person googled that shirt. An easy mistake for a person who doesn't understand what BBP&S or Kotaku is. Once the ESA higher ups (and their legal team) saw the mistake, they rectified it.

Hopefully, we gamers can do our best to keep the ESA from becoming the RIAA or MPAA . . . .
While they definately should have thought things through BEFORE jumping the gun, it took them a lot of courage to admit they were wrong. They could just as easily push forward with their threats. Good show, ESA, good show.
I just gotta wonder how much email they got over this?

Oh well guess it's time to change my forum signature.
It's your classic gamer thanksgiving special!
about time.
SIcne they aculty done soemthign about it they have gone up 1 point ,to abd they lsot 3 when they went ape sht over it >>
[...] The Electronic Software Association (ESA), the video game industry lobbying group that runs the ESRB and E3, has apologized for a cease-and-desist order against blogs Bits, Bytes, Pixels & Sprites and Kotaku for merely posting the image from a T-shirt being sold on another site (image at right). Looks like somebody at the ESA councils office was bucking for more billable hours and skipped the day in law school about that silly First Amendment in the United States Constitution. Neither the one-man-band running BBPS or the Gawker network’s Kotaku were paid for marketing the T-shirt, they merely thought it was a funny piece of paraphernalia and posted where gamers could buy the shirt. [...]
[...] Source [...]
Where does the ESA remotely even get off. Seriously, they admit they were wrong? Well no shit sherlock of course you were wrong, I could have told you they're case against BBP&S had no legal backing and I'm not a lawyer. We should be happy that they admitted they were wrong? All they did was state a blatant fact that everyone else knew. If I come up out and say the sky is blue will anyone give me props? Seriously, screw them.
[...] The Electronic Software Association (ESA), the video game industry lobbying group that runs the ESRB and E3, has apologized for a cease-and-desist order against blogs Bits, Bytes, Pixels & Sprites and Kotaku for merely posting the image from a T-shirt being sold on another site (image at right). Looks like somebody at the ESA councils office was bucking for more billable hours and skipped the day in law school about that silly First Amendment in the United States Constitution. Neither the one-man-band running BBPS or the Gawker network’s Kotaku were paid for marketing the T-shirt, they merely thought it was a funny piece of paraphernalia and posted where gamers could buy the shirt. [...]
[...] ESA Backs Off Legal Threat to Game Blog [GamePolitics] ESA Apologizes to Kotaku [Kotaku] [...]
[...] ESA Backs Off Legal Threat to Game Blog [GamePolitics] ESA Apologizes to Kotaku [Kotaku] [...]

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