May 28, 2007 -
The Entertainment Software Association (ESA), representing video game publishers, has joined with 28 other organizations as part of a brand-new group, the Copyright Alliance.The non-profit organization's mission is described as "promoting the value of copyright as an agent for creativity, jobs and growth."
Other participating organizations include the Recording Industry Association of America (RIAA), Motion Picture Association of America (MPAA), Major League Baseball, Microsoft, Viacom and Disney.
As reported by Digital Media Wire Daily, House Judiciary Committee Chairman John Conyers (D-MI) and others in Congress expressed support for the fledgling group. Conyers said:
Strong copyright laws are essential to protect the livelihoods of millions of artists and inventors. But just as importantly, strong copyright is important to all Americans by driving creativity and innovation in our economy.
Former journalist Patrick Ross (left) will head the Copyright Alliance.
Comments
"Yet take every single game that has ever had StarForce 3 copy-protection. Name me one of those that have sold well enough to cover it’s production costs."
S.T.A.L.K.E.R. - Shadow of Chernobyl. The Russian version, at least.
In other news, I'm fine with the move, I don't pirate games. I don't like the MPAA and RIAA's policy's however.
RIAA is so bad it makes Microsoft look like angels in comparison. However there may be a chance that ESA will not take the dreaded path RIAA took.
So what does this mean for GameStop who makes most of their money off of used game trade-ins?
http://www.jointhecteam.com/index.html
The first example may just involve sloppiness. It's on page 3 of this document:
http://www.jointhecteam.com/pdfs/classroom_activities/4-5_1Join.pdf
The important point to know when reading this page is that copyright law does not protect ideas. It protects only the expression of ideas. Federal copyright law is clear on this point, specifically, 17 U.S.C. 102(b). It says, "In no case does copyright protection for an original work of authorship extend to any idea . . . ."
In explaining this point on page 3, the ESA makes a bit of a mess. For example, just under "Answers," it says, "Copyright protects only original ideas." The claim that copyright protects ideas is then repeated several more times, though sometimes it's not clear whether the ESA is saying copyright protects ideas or only the expression of ideas. The line between ideas and expression is pretty hazy, but the ESA should at least get the black letter law right. You know, for the children.
In my opinion, this second example is much worse. It's on page 3 of this document:
http://www.jointhecteam.com/pdfs/classroom_activities/4-5_2Lets.pdf
Addressing the teacher, it says, "Conclude this discussion by reminding students that the special rules for respecting intellectual property in school don't apply outside the classroom. Students are allowed to copy short passages of copyrighted text, individual copyrighted images, and excerpts from other copyrighted material in their school work, as long as they credit their sources. This is called 'fair use.' But no one is allowed to copy copyrighted material outside the classroom for any reason without permission." You might want to read that last sentence again.
There are plenty of grey areas in copyright law which lawyers can argue about, but the last sentence is not even arguably correct. In 17 U.S.C. 107, the statute lists several non-exclusive factors for determining whether a particular use of copyrighted materials is fair. Whether a use is for educational purposes is just one factor. It's not a conclusive factor. Even a non-educational, commercial use can be fair, although commercial use does weigh against a finding of fair use. See Campbell v. Acuff-Rose Music, 510 U.S. 569, 584-85 (1994); Sony Computer Entertainment v. Bleem, 214 F.3d 1022 (9th Cir. 2000).
In fairness, the ESA is more accurate elsewhere. In another document, called the Educator's Guide to Intellectual Property, the ESA recognizes that copyright does not protect ideas and that fair use might actually exist outside of the classroom. But this means someone involved in the production of these classroom materials knew what he or she was doing. This someone should have seen the problems in the other materials.
The Copyright Alliance has a page with lesson plans on it for educators. Right now, the ESA's materials are missing from the list. The Copyright Alliance should probably keep it this way. You know, for the children.
Sources/Links:
17 U.S.C. 102(b):
http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000102----0...
17 U.S.C. 107:
http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000107----0...
Campbell v. Acuff-Rose Music, 510 U.S. 569 (1994)
http://www.law.cornell.edu/copyright/cases/510_US_569.htm
Sony Computer Entertainment v. Bleem, 214 F.3d 1022 (9th Cir. 2000)
http://www.ca9.uscourts.gov/ca9/newopinions.nsf/04485f8dcbd4e1ea88256952...?
Copyright Alliance Lesson Plans
http://www.copyrightalliance.org/foreducators/lessonplans
Cut copyrights to 5 years, unless it has been actively marketed in that time. In the entertainment industry as it is, that's all you need. If you haven't made a profit on something in 5 years, you never will. Chances are, it's been pulled off the shelves by then, anyway.
Let companies extend trademarks by however long they want, to keep their marketing icons and names out of public domain, so no one else can use it, but don't let a company create a copyright on a form of digital entertainment, that will be long gone and forgotten before the copyright is even up for review.
The key to innovation, is to take what is there, and improve on it. Having 10 billion people who can possibly improve upon any given idea, is a lot better than having 30 people in charge, who will probably decide to just let the property rot and die, secure in the knowledge that no one else will ever be able to do anything with it.
Retail chains have also stopped selling used PC games not only will they not take it in trade or as used but refuse to deal with the used PC game market for nation wide trades to snub it they migth as well drop the sued game market and recrefiy every used game and resale them as new recertifed games at new game price.
The indutry is blinded by the smallest bottom line and because of it I boycott them hard no EB or GS for me most games get bought used at half the price of retail or less they want to paly games with the consumer over small details I will do the same.
PSP is region free but not for UDM movies the PS3 is cross regioned JAP-US,Euro-JAP with the euro PS3 not playing any non euro moives.
Thus the PS3 is not unregioned and should not sale itself on it.
When a 60$ unregioend dvd player is better than a PS3 you have to wonder what game they are playing with consumers.
Sure as hell dose not for recording artists since they more more moeny from Ads,merchandising and touring than from the labels who bleed them dry.
Since "marketing" kills a game within 6 months a upsurge in 5% of sales is not going to save a "bad" game the same can be said for movies....
Strong copyright laws only protect the bottom line of the corporations that rob money from the populace and its more creative citizens.
They are going to press for very forceful DRM (Malware) into games and make legit customers suffer, while pirates will eventually get around it like always.
These DRM costs get passed on to the consumers in many cases, or just make the developers suffer.
Wasn't Galactic Civilizations 2 the most recent game to release that had NO DRM on it?
It also sold very well, and people enjoyed it, since if it got scratched up, they could have a simple back-up to play and keep enjoying their game?
I know some companies wanted them to get pirated like hell after that, since it basically shows that putting forceful DRM on games discourages legit buyers from the games.
In the PC market, I believe that you can't return an opened game b/c some customers find out it has some DRM they truly hate on it. So this in turn usually has them denying buying the game outright, or encourages piracy that doesn't have the DRM on it.
Meh, world seems to be getting worse each day.
Great idea, except for the whole "Region" system they decided to implement. Sure, there are mod chips, but we shouldn't NEED mod chips in the first place to play imports. Thankfully the DS doesn't have that flaw *dunno about the other systems. The DS is the only one I have imports for*
Both these games cashed in big, and NONE of them had any form of piracy protection.
Yet take every single game that has ever had StarForce 3 copy-protection. Name me one of those that have sold well enough to cover it's production costs.
(Also, did anyone else find the 'not for profit' description of the group laughable?)
No.
www.venganza.org ;)
Promote FAIR USE not the media mafiaas nazistic approach.
Copying for yourself or archival purposes is ok.(no duh)
Original Archival Copies can be shared after 5 years.(obviously)
Sharing new personal copies a crime(small fee)
Selling copied items with rights is crime (large fee and jail time)
Mod chips and the alteration to make hardware run backups is legal.(current fair use says this is OUR RIGHT the DMCA removes that right,so whos right?)
Preventing backups to function is illicit(should be)
Circumventing FAIR USE is a crime(fees)
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While I am at it why don't these groups go after the media industry for not paying the artists and creators their proper due?the industry is stealing from itself and is blaming the consumers!
Example:Chrono resurrection,bunch of kids make a very very good rehash of a snes classic with fmv and ps2 quality graphics but since squeenix owns the license to chrono trigger they sent them a cease and desist despite the fact that it was for personal use and demo purposes at the time(not all original artwork based ona 2d game not ripping sprites or anything).
The entire human race depends on one person copying another (we even learn how to do all the current things we do through imitation such as walking,talking,eating even how we go about doing math)the way things are currently going it wont be long until you can be sued for using a mod chip to play homebrew games for your xbox.
Take a good long look at most inventions over the past...i dunno...entire existence of humans and you will see most ideas come from copying other things be it human or made by nature.If the copying of one idea leads to a improvement of the original then why bother trying to stop it?or why do i have to pay Nintendo to make a game for their systems?I don't remember asking ford what tires i can and cannot put on my car did I?are we looking at a future where a "ch-ch-chenyism!"mod for halo 2-3 when you shoot a comrade in the face with the shotgun lead to a copyright infringement lawsuit?
@mickey the racoon yeah because we all know me downloading a copy of silk worm to play on my nes emulator is actually taking food out of the artists mouth(being as the game hasn't sold a copy from the company that made it in over a decade)?maybe pc piracy is a slight problem but console piracy is quite a different story altogether.
ps:I wonder if SE will come after me if i cosplay as robo from chrono trigger?the way things look it may be a resounding yes a few years from now.
While I'm all for the protection of copyright, even for games, the ESA/ECA should think twice before getting into bed with organizations like the MPAA/RIAA that have proven time and time again that it's not really about compensating the artist, but more about controlling the market.
BULLSHIT.
Games are suffering from blanket piracy. Don't kid yourself otherwise. And dont pretend pirating games doesn't affect the developers.
PC gaming is in crisis, we get nothing but stale console ports. This is mainyl because games are cracked and distributed before even being released. How do all the pirates really think this was going to end? with everyone downlaoding warez copies rather than paying the develoeprs, the whol system is falling apart. Its about time scumbags who crack and distribute other peoples hard work get whats coming to them.
If everyone who played games bought legal copies, the PC games market would be exploding with new titles. As it is, we are the console worlds poor cousin, because we ahve even worse copy protection.
Sorry, but Piracy is not the problem the ESA and ECA would like you to think, particuarly compared to other forms of digital media like music. In fact, highlighting and making people aware of the problem seem more to me to be making more trouble for yourself, but there you go.
So maybe consumers would be less inclined to ignore the industries' wishes if they felt more like the industry was a little more interested in what the customer wants and a little less interested in how much money they have, after all it's a two way road, the industry have to give as well as take if they want to keep their customer base.
Not to mention clone upon clone upon clone of the same game.
I don't believe that illegal emulation falls under "consumer rights".
What, they're promoting a return to the original 14 year limit?
A guy can dream, can't he?
Fun days ahead. Good thing I've started playing TCGs again. Might prove not as expensive as video games soon.
"That’s why I like Canada. Last time I checked, we didn’t have a group of people who arrest you for breaking copyright protection, since we have a special tax on blank CDs/DVDs, or that’s at least to my understanding."
Give it time. The Conservatives are working towards punishing you for using a magic marker to defeat copy protection just as much as the US does. And the levy doesn't protect you, it's more a "we'll, since we haven't gotten around to updating the law, let's just punish everyone instead"...
lets hope the ECA can do it job and keep the ESA from becoming the RIAA of games.
If this isn't a sign they're really not "on our side" I don't know what is.
Even so, althought the practice of illegal downloading of music is , well, illegal, saying that artist loose money on it is just asinine. The music industries profit has risen astronomically, mainly due to iTunes legal download abilities and other legal mp3 download methods.
The movie industry and game industry have more right to complain, since their products do not have the kind of legal options for downloading them.
Copyright's a broken system, and given that its membership includes Disney, Microsoft and the aforementioned MAFIAA, rather than fixing the problems it looks like this Alliance is just going to make things harder for legitimate customers while having no effect at all on the people actually ripping them off.
[/rant]
When you ;lay with mongrels you get fleas. Birds of a feather flock together. Mafia bases who conspire together raise our ire together.
The ESA joining an organization that includes the MPAA and the RIAA does not mean that the ESA is going to demand that all games have built in DRM. It just means that they have an interest in protecting the rights of the creators of games.
There can be a lot to learn from these other organizations if only how not to run things. So I see that this could be a very good thing for the video game industry.
That's the question that most pirates answer, in their own way. Are they right? Well, that's not an easy question to answer, in any case...
I used Poe as an example because of the blatant piracy of his work. He made very little money off his work in the US and absolutely no money outside the US.
I was not saying that this is the state of affairs at this time. I hate DRM just as much as you guys. I want to back up my games, movies and music. I want to be able to use my game how I want.
What I am against is copying, distributing and using media you did not pay for. I know that the middle man cheats the creator of the IP out of more than the pirates do. There is no doubt about that.
What I am saying is that those who support piracy and Hate what the Copyright Alliance stands for, need to grow up and realize that "Stick it to the man." is not a valid way of life or a good slogan.
Back on topic:
This argument is the same one playing out on thousands upon thousands of websites everyday. All the anti-copyright voices sound like whiny teenagers while the pro-copyright side sounds like bitter right-wingers. Nobody (save for a very select few) seems capable of engaging in an intellectual debate on the subject.
With so many outlets competing for our entertainment dollar, consumers are forced to make tough decisions about the things they spend money on.
Unfortunately, the industry is well aware of our limited funds and tries its best to lure us in with flashy trailers and expertly-scripted demos.
If you don't believe the consumers are saying something about it, go to PC game publishers' official forums. Consumers are fed up with buggy, DRM-riddled software that does not live up to the ad campaign's hype.
The point here is that the various industries are pushing their customers away as quickly as they can. Be it the ludicrous prices the music industry puts on CDs, the uninspired plot rehashings the movie industry crams into our theaters, or the barely-functional trash the game industry puts on store shelves, the perceived value of each of these forms of entertainment has dropped significantly.
An ever-growing group of consumers has had enough. Personally, I am "off the grid" of each of these industries. I am blessed to have a large number of quality used CD/DVD stores in my area and I exclusively patron these establishments.
We all believe that artists should be compensated for their work. If I could buy my music directly from the band, I would. If I could pay game developers directly, I would. Unfortunately, the middlemen have gotten in the way and have destroyed a generation's faith in an industry.
The proverbial cat is out of the bag now. Back in the days of nibbler software, copying was a largely community-based affair. Today, with the advent of P2P and the proliferation of broadband, piracy is an impersonal, ridiculously simple process.
The big thing to take home here is that it will not stop. No amount of preaching, lawmaking, wiretapping, or anything will destroy the spirit of the pirate community. Take a look at thepiratebay.org if you don't believe me. Just like the war on drugs, the war on terror, the war on poverty, the war on homelessness and the war on hunger, the war on piracy is yet another bottomless moneypit for the American government to waste our tax dollars fighting.
Pro or Con, the reality is that piracy is (and always has been) a part of our world. Shortsightedness, combined with the explosiveness of the Internet, created an epidemic for which there is no cure.