Effects of New Federal Anti-Piracy Law Worry ECA's Hal Halpin

November 14, 2008 -

In an interview with The Escapist, Entertainment Consumers Association president Hal Halpin discusses his worries over the PRO-IP Act, a new piece of anti-piracy legislation signed into law in October:

The PRO IP Act was concerning for us primarily because the wording of the law was so broad and open to interpretation. It also provides intellectual property holders with unusually over-reaching rights and at a time when the Digital Millennium Copyright Act (DMCA) too empowers that same community.

 

I fear that PRO IP and DMCA will drive a wedge between the producer/consumer relationship, one that has served the games business well. I would also hate to see us collectively follow the path [of aggressively suing consumers] that the music industry has followed. In addition to it being a patently bad model, proven unsuccessful by every measure, it's also clearly ineffective. Worrying still is how handily [PRO IP] passed - with broad support from both parties. The fact that the Vice-President Elect continues to be a proud sponsor makes me think that it'll be a bumpy ride... one played out in America's courts, for a long time to come.

As GamePolitics has previously reported, among the provisions of the PRO-IP Act are these consumer-unfriendly gems:

  • increases the penalties for infringement by expanding what is considered a 'work'
  • broadens the ability of the government to permanently seize goods
  • creates an Intellectual Property Enforcement Coordinator, a new cabinet position whose sole job is to increase intellectual property enforcement.

FULL DISCLOSURE DEPT: The ECA is the parent company of GamePolitics.


Comments

Re: Effects of New Federal Anti-Piracy Law Worry ECA's Hal

great nice.. film izle

Re: Effects of New Federal Anti-Piracy Law Worry ECA's Hal

The fact his law allows the siezure of property is by far the largest cause for concern. On its own, it really isn't a huge reason to worry. Afterall, just because the government has the power to do something doesn't mean that they are. However, the fact that we now have both a person in charge of an over-all anti-piracy intitaive AND a have given law enforcement the ability to sieze property is starting to make this look like the War On Drugs, an initative that has both been a massive waste of tax payer money and stomped all over civil liberities.

It will be up to the government to decide how to use the power. Its one thing to take property and the promptly return it after a timely investigate. Its another thing to simply take it and keep it no matter if you are cleared of the charges or not - something that has occured many times before.

And of course, I know we all keep private things on our computers, from porn collections to personal journals to complete records of our financial history. Its disturbing to think someone from the government could legally nose around that information just because a person has been accused of piracy.

The Honest Game - http://www.thehonestgame.org

The Honest Game - http://www.thehonestgame.org

Re: Effects of New Federal Anti-Piracy Law Worry ECA's Hal

Well, ante up. www.truecrypt.com complete OS drive encryption, including plausible deniability.

Used by freedom fighters in hostile countries, smaller governments that don't develope similar things themselves, and unfortunately some criminals.

 

Now that the technology's developement will be hugely accelerated, it'll become impossible for them to crack the encryption for REAL criminals.

Re: Effects of New Federal Anti-Piracy Law Worry ECA's Hal

If these laws were ever seriously enforced, game pirates would just up their tactics by becoming game "vikings"... then theyd sail around sacking game corporation headquarters....

"Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety" - Benjamin Franklin

"Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety" - Benjamin Franklin

Re: Effects of New Federal Anti-Piracy Law Worry ECA's Hal

So politicians are going to say video gamers are violent, dangerous people that go on shooting rampages, and shoot accurately.

Then they're going to allow DRM that drives them to piracy, which apparently acts as a 'gateway crime' to worse deeds

Then they're going to try to invade the house and take away these violent, dangerous criminal's stuff.

Wow, that's really smart. I'm certain the police will want to march into these houses without flashbangs and smokebombs. Especially with complete nutcases basically accusing gamers of terrorism. Yeah, if I thought I had a remote chance of having a SWAT team randomly invade my house because I watched a youtube video, I'd be highly motivated to abuse some second amendment rights myself.

 

Also:WHAT THE HELL DO THEY THINK IS CAUSING OUR DECLINE IN SOFTWARE AND HARDWARE INNOVATION!?

I'll say this, it sure isn't piracy. The difference between the 80s to late 1998 when the DMCA was signed and we were on top of the technology market are the lawsuits allowed by washington.

Congrats, washington, you just made it highly likely that places like wikipedia that rely on help from users and companies to keep IP off of their pages will move out of the U.S. and block U.S. users.

 

Re: Effects of New Federal Anti-Piracy Law Worry ECA's Hal

I think we should Try a grassroots movement that can put an end to the PRO-IP act and firmly Repeal the DMCA act that Bill "I never had sex with that  Woman" Clinton signed

Note: If you want to know why I took that quote, I took it off the Monica Lewinsky scandal that almost Cause Bill Clinton's job as President at that time

for link http://en.wikipedia.org/wiki/Lewinsky_scandal

America has just became its own version of the Jerry Springer Show after a bizarre moment in Florida involving a carnival worker.

Re: Effects of New Federal Anti-Piracy Law Worry ECA's Hal

Yes, I know about the scandal, it's one of the reasons I thought hilary was unfit to be president. Monica was 19 at the time. Clinton essentially is a legal child molester. "She's 19, she can make her own choices."

Yeah, she was old enough to go to war-but not to drink or smoke. Ha.

We have to remember that less than a century ago corporate greed resulted in protesting workers being shot : http://en.wikipedia.org/wiki/History_of_coal_mining#Labor_troubles

While far from the technology industry, corporate greed in the end resulted in U.S. federal troops shooting citizens.

It's the same brand of greed today. However, instead of being able to fire us, or fire AT us, they're trying to sue us and use legislation and threats to extort us. If the laws were enforced to an extent that they wanted, they would charge a premium for a "DRM free" version of the software. As it stands now, they'd get torn up by pirates, much as EA did with spore.

Unfortunately the people responsible use the developers and workers (the 500 people laid off from EA for example) as meatshields.

 

Re: Effects of New Federal Anti-Piracy Law Worry ECA's Hal

Is 19 considered a minor under DC law?  Somehow I doubt it.  If it was, Bill Clinton could have been prosecuted for statutory rape and I very much doubt that he would have avoided impeachment.

Re: Effects of New Federal Anti-Piracy Law Worry ECA's Hal

Legally no. You have to ask yourself, though, what makes a person different the second they turn 18?

ANY boss in any workplace that made a secretary give him a blowjob would be JAILED, ESPECIALLY if it was a 40+ year old man and a 19 year old girl.

Re: Effects of New Federal Anti-Piracy Law Worry ECA's Hal

 This is absolutely great news. We will see a rise in the use of Creative Commons, and a renaissance awaits

Re: Effects of New Federal Anti-Piracy Law Worry ECA's Hal

great...  another nail in the coffin for consumers.  i think im going to move to canada.

off-topic:  T2 + microtrans & subscriptions?  http://kotaku.com/5085880/is-take+two-thinking-of-subscription+based-gta...

Re: Effects of New Federal Anti-Piracy Law Worry ECA's Hal

 It's not any better here. 

Re: Effects of New Federal Anti-Piracy Law Worry ECA's Hal

Actually, several aspects of this annoy me.  How the terms" works" has been expanded is especially worrying in my eyes.  In particular, I thought you could NOT be found guilty of commiting the same crime twice.  I am correct in this, yes?  Well, the wording indicates that, should I get in trouble for downloading a copy of Shoot Em Up, I'm not only getting in trouble in an increased capacity for the movie itself, but also each song individually that appears in the movie.  This is especially troubling for me since I've recently been an addict of Amazon's MP3 service.  How do I retain a paper trail for such purchases in a legal battleground that has been proven in court that they don't care whether you have legal entitlement to the work or not to the point of claiming ripping a CD for use oon your iPod is copyright infringement?

Also, being able to seize any property that has touched the work is provable how?  I mean, PS3 and 360 both can hook up with media servers so can they claim ownership of your game consoles just because they can tie into your MP3 collection?

And a dedicated job within the government sounds like a bad idea as well.  After all, RIAA court cases have proven they don't care about the legality of the acquired information or the accuracy therein.  Putting another person to the task of discovering this info also becomes a dangerous road.

And based on what, good faith stats that somehow the industries are suffering?  They haven't used a real state in their petitioning in any way, shape, or form.

Wall of Text Simulation- Insert coin to continue.

Wall of Text Simulation- Insert coin to continue.

Re: Effects of New Federal Anti-Piracy Law Worry ECA's Hal

You can't be tried twice for the same crime.  The Double Jeopardy Clause protects against three distinct abuses: [1] a second prosecution for the same offense after acquittal; [2] a second prosecution for the same offense after conviction; and [3] multiple punishments for the same offense.

Re: Effects of New Federal Anti-Piracy Law Worry ECA's Hal

It's that second one that worries me the most. The Govt. has always had a strange track record when it comes to the seizure of goods for specious reasons, particularly around issues of hacking and piracy.  Witness the Steve Jackson Games GURPS Cyberpunk debacle, back in the late 80s, early 90s (I misremember exactly).

Re: Effects of New Federal Anti-Piracy Law Worry ECA's Hal


Yeah, take away the rights of the people so the companies can screw them over more.  Then wonder why our economy crashes.

---
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How to set Xbox 360 Parental Controls

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Andrew EisenI'm still trying to figure out where anyone is getting the idea violent content or lousy representation of women and minorities shouldn't exist or be promoted.06/30/2015 - 9:25am
james_fudgeWell, members of GP first, members of GG second, I always say.06/30/2015 - 9:06am
black mantaConsidering it's only you and Mattsworkname that have been carrying the banner for it here, that pretty much testifies to how little influence they have. Most everyone else here couldn't care less.06/30/2015 - 8:54am
black mantaAgain GG is more like Occupy Wall Street than the Tea Party movement. They had their moment, but they fizzled out. And now exist more as a nebulous thing spouting ideas. They haven't achieved anything meaningful.06/30/2015 - 8:52am
black mantaAs sincere as your beliefs may be, the movement is still rife with bigots and misogynists.06/30/2015 - 8:51am
black mantaI'm sure you're heart's in the right place, Goth. But it doesn't excuse the behavior of GG's members towards the people they don't like.06/30/2015 - 8:50am
MattsworknameWow goth, write a novel why dont cha. Seriously I know you have a passion for this stuff, but wow, thats kinda overkill.06/30/2015 - 8:46am
james_fudgeI hereby dub this space the Mainifesto Box (tm)06/30/2015 - 8:34am
Infophile13 shouts in total by Goth in a row. I think I'm to blame here. If I'd read the Breitbart link when he'd posted it, maybe he wouldn't have felt the need to say everything here.06/30/2015 - 8:27am
E. Zachary KnightI go away for one night and Goth writes his Gamergate manifesto in the shoutbox.06/30/2015 - 8:15am
james_fudgeI blame Andrew for this.06/30/2015 - 8:10am
Goth_SkunkAnd at long last, I think I'm finally done.06/30/2015 - 3:08am
Goth_SkunkAnd if those progressive games fail to make any headway in the market, don't blame gamer culture for not being cultured enough to appreciate the product. Own up to the fact that the game either sucks, is not interesting, or both.06/30/2015 - 3:06am
Goth_Skunknor suggest that the games industry and culture is rife with toxicity because of it and needs to change for the good of the medium. There is room in the market for progressive games to co-exist with games like Hatred, not replace them outright.06/30/2015 - 3:04am
Goth_SkunkAnd if the overly violent content of most AAA games or the perceived mistreatment of women in such games bothers one, by all means criticize it, but do not under any circumstances suggest that it such content shouldn't exist or be promoted,06/30/2015 - 3:02am
Goth_SkunkGames, for the most part, let you do this! You can be the man or woman you're not. You can escape reality and immerse yourself in the experience. And that's wonderful! I play as female characters all the time in games I play, when the option is available.06/30/2015 - 2:59am
Goth_SkunkA choice that nature denied transgender people at birth! People don't undergo gender reassignment because they want to be transgender; they undergo gender reassignment because they want to be the gender they identify with!06/30/2015 - 2:52am
Goth_SkunkBut I think it gets silly when people start asking for the ability to play as a transgender protagonist. I mean, why would one do that? One usually has the option to create a character that's either a man or a woman, gay or straight. You have the choice!06/30/2015 - 2:50am
Goth_Skunkfirst two games, a move which was ultimately corrected in the 3rd game. By extension, Dragon Age has always had the option, and good on it!06/30/2015 - 2:45am
Goth_SkunkBut it certainly is good to see developers entertain the allowance of allowing the player to develop their protagonist to be homosexual if they want. The Mass Effect series was criticized rightly for not allowing a male homosexual romance plot in the06/30/2015 - 2:44am
 

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