Report: While Still at RIAA, New ESA Counsel Lauded Jammie Thomas Music Verdict

As GamePolitics reported earlier this week, the Entertainment Software Association (ESA), the lobbying group which represents the interests of U.S. video game publishers, announced that it has hired Kenneth Doroshow to serve as the organization’s General Counsel.

Doroshow was formerly employed as Senior Vice President, Litigation and Legal Affairs for the Recording Industry Association of America (RIAA). During Doroshow’s tenure the RIAA gained a reputation for employing heavy-handed legal tactics against individual file sharers.

New York attorney Ray Beckerman, who runs the Recording Industry vs The People blog, worries that gamers will now face the same type of oppressive enforcement strategies:

I guess we may have to rename this blog "Gaming Industry vs. The People" some day, as we have just learned that Kenneth Doroshow — the RIAA executive who was supposed to debate the statutory damages issue with me back in March, but who chose to avoid that subject and instead recounted his opinion of the facts in Capitol v. Thomas, and who later inserted some paper he’d written into the transcript of the conference instead of allowing his talk to be reported — has left the RIAA and joined the ESA (the "Entertainment Software Association").


If he accomplishes for game manufacturers what he accomplished for the recording industry, I would say the industry’s prospects are bleak.

Beckerman also reports that Doroshow defended the $222,000 verdict levied against single mother Jammie Thomas (seen at left) for file sharing mp3s:

At Fordham Law School’s annual IP Law Conference this year, [Beckerman] had a chance to square off with Kenneth Doroshow, a Senior Vice President of the RIAA, over the subject of copyright statutory damages. Doroshow thought the Jammie Thomas verdict of $222,000 was okay, he said, since Ms. Thomas might have distributed 10 million unauthorized copies. [Beckerman], on the other hand, who has previously derided the $9,250-per-song file verdict as ‘one of the most irrational things [he has] ever seen in [his] life in the law’, stated at the Fordham conference that the verdict had made the United States ‘a laughingstock throughout the world.’

GP: For more the Jammie Thomas case, click here.

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  1. desperad0 says:

    Thanks good job;

    Btw, I think Atari and Midway will drop out too, but mostly travesti because  these guys have done nothing travesti or little and need to start saving costs. and dizi izle


    Now I don’t have to get off my ass for the important shit anymore!

    Whats next, ordering pizza from Xbox live?

    Wait… I think that sounds like a good idea.

    But I think voting should MAKE you get off your ass, and see outside or a second while you go vote. I mean, your picking the president of the United States of America for God’s Sake… least you can do is drive down there and punch out a card.

  2. oto kirlama says:

    Gallagher can araç kiralama say all he wants, but I strongly rent a car believe it’s due to his crappy leadership and E3 being a joke. ESA’s Board of Directors need to find a way to get out rent a car of this horrid contract with this Bush cronie before there’s no one left on the Board.

    Btw, I think Atari and Midway will drop out too, but mostly travesti because  these guys have done nothing ttnet vitamin or little and need to start saving costs.


    Now I don’t have to get off my ass for the important shit anymore!

    Whats next, ordering pizza from Xbox live?

    Wait… I think that sounds like a good idea.

    But I think voting should MAKE you get off your ass, and see outside or a second while you go vote. I mean, your picking the president of the United States of America for God’s Sake… least you can do is drive down there and punch out a card.


  3. SomeoneElse says:

    I agree with shady8x.  If the ESA is going to behave like the RIAA I am going to find out who the members are and stop buying all games from those companies.  I am very against DRM. I normally download cracks for my games because I hate having to put the DVD in my drive and I hate starforce (with a passion).

    I like the idea of Spore and I’m really twisted about buying it purely because of the DRM they want to put on it.

  4. Saregos ( User Karma: 0 ) says:

    People give EA way too much credit for pulling the DRM off of games like mass effect, but the fact is their current DRM isn’t all that much better.  If EA had announced their current scheme of "max 3 activations, have to have an internet connection with no firewall, can’t play the game if there’s a firewall anywhere on the link path (including firewalls your ISP has)" first, they would have gotten a huge amount of flak.  As is, because they retreated a little tiny bit, people look at them as the saints of the industry instead of as the company with the single worst DRM policy amongst all current publishers, along with the single worst customer service policy when it comes to said DRM.


    And who said you can’t please all of the people all of the time?  EA’s hypocrisy appears to know no bounds.

  5. shady8x says:

    I love music, I listen to music all the time. I BUY all the music that I listen to.

    I have not  bought the music of any member of the RIAA since I found out which companies where members of the RIAA…

    I play computer games, I buy the the games I play.

    I already do not play games with DRM in them, though I used to buy them then download a pirated version of a game I PURCHASED in order to protect my computer… or for it to play in the first place…(I got a crash course on DRM when starforce killed my computer)

    I will not buy video games that belong to members of an organisation that acts like the RIAA…Period.

    I know plenty of people that feel and act exactly the same way.

  6. Serpilian says:

    Exactly, it’s such sanctimonious crap and frankly abuse of power to be able to abuse customers and somehow the law thakes *thier* side. I hope The ESA loses many many supporters for taking on a RIAA goon like him. I for one will never support them now, we need representation of actual gamers, you know, the customers, not big business wanting to shaft people for their own amusement.

  7. JC says:

    Basically, the way things are going. Will be extremely problematic if this guy does accomplish what he did for the RIAA.

    The fact is, Jamie was only found guilty upon the fact that "making available" the song titles. Can you see what is wrong with this? What if the fact you lent your game disk to someone, can equate to "making available" of piracy against you? This person may have uploaded your copy of the game to someone else, and you get held accountable for it when it spreads like wildfire. The fact that if your copy gets stolen, and it gets uploaded, also poses another problem, since this can equate to "making available" which was the reason Jamie was found guilty of copyright infringment. With the same reasoning as their current practices, even lending your game can become "making available" to piracy, even if that person you lent it to doesn’t have internet connection theirself.

    "And by the way, last time I checked, stealing is still wrong."

    Yes, stealing is wrong, but an IP isn’t as set in stone as an actual address is. The fact that there was no evidence, except the possibility of "making available" is just wrong in itself. What if someone used an IP as a proxy, commited some illegal activities with it. Then when you use it, they bring litigation against you, since your address is connected to that IP? Well, that is going to be used against you in court. Even your comment of "stealing is wrong" will be used against you >_>

    I respect Peter Moore’s recent comments, and I’m glad he made mention of that fact that it is difficult to prevent piracy at all, but some other comments of rewarding customers who support is the better option. For example, EA did listen to its customers and didn’t put in that draconian DRM. Of course, some DRM is always required though.

    I hope this doesn’t turn into another problem with the ESA, but if they do start alienating their customers with similar practices like the RIAA, then its just going to repeat into a viscious cycle that only keeps ESA blaming piracy for their problems and customers blaming the ESA for crap they throw in with their games.

    Prepare for unskippable load times that say downloading a game is supporting terrorism! D:

  8. C. Aaron Browbowski Jr. says:

    ahhh, yes, nothing says: "F%^! you" to the gamers of America like the RIAA, expect JT to hop along… depending if his carrer goes down the toliet come final verdict of the Florida Supreme Court

    Jesus Jack Jones Thompson told me to do it!

  9. Anonymous says:

    I like gypsies better as a metaphor for my unending media theft. Do you have anything for them that isn’t associated with Cher?

  10. Capt. Vake Xeacons ( User Karma: 0 ) says:


    Heave ho, All together

    Hoist the colors high,

    Yo ho, Thieves and Beggars

    Never shall we die…

  11. Lost Question says:

    my friends once pirated a cd and sent me a couple somgs they thought i would like long story short i liked the songs and bought 3 of the bands cd’s (at the heinous price they go at im truely shocked the music industry isnt collapseing like a abandoned hovel) and am awaiting the bands 4th cd.

  12. chadachada(123) says:

    I’m sorry, but that man is a disgusting waste of space. It’s so sick, that the RIAA goes after a very small number of people and end up fining them way too much. $222,000? Sure, she may have uploaded songs, but how much damage did it actually do? Slim to none. The people that downloaded her songs would most likely have not purchased them anyways. Yes, it’s illegal, but there is a limit to how much people can be charged! Anything over a couple thousand dollars is over-the-top, considering the file-sharers aren’t payed to do any of this.

    And, I apologize for the swearing in advance, but fuck that slime-ball piece of shit, and I hope he doesn’t stay at the ESA for very long

  13. Mike ( User Karma: 0 ) says:

    Now say that boss tells you then to go out front, and to start checking the pockets of all the customers. If some of them seem to have "extra" fries, you can take them out back and threaten them with oppressive litigation and the possibility of having more than the "extra" fries taken away. Or maybe you didn’t find "extra" fries on the person, but rather in the seat right next to them. Sure, that’s close enough. You can then tell the customer to pay $1K worth of damages per french fry (it’s a good round number…no need to figure out exactly what it might have cost you in damages), and they can be on their way. Otherwise, the fry costs are gonna be super-sized to $200K or more.

    There’s a point where zealously guarding one’s product may cross the line into the realm of unethical (and counter-productive) business practices. The fact is, RIAA is using our court systems to bully individuals (who are presumed innocent until proven guilty) because it is easier to get them to settle with the threat of overwhelmingly expensive defense costs.

    Yes, stealing is wrong. And I often admonish some of my own friends for having no issue with the fact that they do, at times, steal. This does not give the Music Industry the green light to go ahead and trample the rights of the average person rather than admit that they did not foresee the changing business model brought about by technology and fell far behind.

  14. hayabusa75 says:

    I don’t think anyone here is denying that, but the common consensus seems to be that the punishment isn’t fitting the crime.

    "There is no sin except stupidity." – Oscar Wilde

  15. Anonymous says:

    Doesn’t anyone realize that the RIAA simply follows the orders of their members?   I mean, come on, RIAA executives don’t have a personal issue with the litigants.  If your boss comes into work and instructs you to cook the fries to a specific tempertaure, you listen, don’t you?


    And by the way, last time I checked, stealing is still wrong.

  16. GdRobotUs says:

    I wonder if there will be another rant about the ECA & GamePolitics on the ESA website? It was kind of flattering last time, sort of an acknowledgement of the role the ECA plays.

    Anyway, on topic, not a good PR move by an organisation that is already a cause, if not for concern, then at least for a little consternation among some of its members. A quiet (too quiet) E3, recent companies leaving for hazy, but allegedly innocent reasons etc.

    It’s also a reason of concern that this flies right in the face of comments recently made by the EA exec, it makes the industry look a bit silly, as though it can’t agree on what it wants and what direction it is going in. Makes me wonder whether any kind of consultation ever actually takes place among the ESA members.

  17. Krono says:

    Not encouraging, but unsurprising.

    Though when you consider Peter Moore’s comments from yesterday, I’d say we could have an interesting situation shaping up. The ESA is currently having difficultly pleasing it’s members. One of the areas I’m sure the ESA is unhappy about is piracy, as it’s fallen mainly to developers and publishers to curb it. The ESA could be bringing this guy aboard in an attempt to fix that aspect of things. However when you consider that some big players like Mr. Moore are unimpressed with the RIAA’s work, an attempt on the ESA’s part to do the same thing could have interesting results.


  18. William Hart ( User Karma: 0 ) says:

    I wonder how much money companies will pull away from the ESA.


    And I wondered why, I see the light now….

Comments are closed.