Fight the Power: ECA Launches Campaign Against Bill S. 978

July 11, 2011 -

If you missed our mention of it on Friday, the Entertainment Consumer Association (ECA) has begun a letter writing campaign to challenge Bill S. 978, better known as the "anti-streaming bill" that is being pushed in the U.S. Senate. The new message from the ECA can be found below in its entirety, but I urge you to visit action.theeca.com or the ECA's Facebook group to get involved, because if you don't you may find yourself impacted by it after posting a YouTube video or while engaging in some other seemingly innocuous activity:

Bill S. 978 has recently been introduced before the United States Senate. The legislation, if passed, would impose stricter copyright laws and penalties when it comes to streaming, playing, or reproducing copyrighted material. While we believe in the rights of copyright holders, this legislation’s broad language would make criminals out of millions of Americans.

People could face prison for up to 5 years if they:
Make or offer 10 or more public performances by electronic means, during any 180-day period, of 1 or more copyrighted works; and
If the total retail value of the performances, or the total economic value of such public performances to the infringer or to the copyright owner, could exceed $2,500; or
If the total fair market value of licenses to offer performances of those works would exceed $5,000.

In plain terms, this means that if you stream your gameplay to show your friends and it’s viewed by 1 or more friends ten times or less, you could go to jail for up to five years. Everyone is at risk. The vagueness regarding value leaves it to copyright holders to determine the possible costs to them. If they want to prosecute through that loophole, they can. A child playing piano of their favorite performer on YouTube, a video of a child dancing to their favorite songs and video game players showing off walk-throughs, speed trials and live streaming their games are all examples of items that’d be prosecutable under this legislation.

There are already strong laws on the books for copyright holders to protect their intellectual property. We don’t need this draconian measure that’d make criminals out of millions of Americans who just want to share their enjoyment of their favorite entertainment.

To take action now by writing to your local Senator, go to: http://action.theeca.com/p/dia/action/public/?action_KEY=4444

To stay updated on the latest news and information regarding this bill, as well as other digital rights issues, join the ECA’s work group Gamers for Digital Rights: http://www.facebook.com/groups/129111343639

[Full disclosure: GamePolitics is an ECA publication.]


 
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Andrew EisenHey, remember Kung Fury? That short film that was funded via Kickstarter a few years ago? You can watch it now. I suggest you do. It's fun! https://www.youtube.com/watch?v=bS5P_LAqiVg05/28/2015 - 5:14pm
Goth_SkunkOriginally, yes. Some content was cut out in order to reduce its ratign from AO down to M, but PC users could work around that an unlock the full content by means of a patch. Which is what I did. :D05/28/2015 - 3:56pm
Andrew EisenKarp - Yes, for strong sexual content. Although the recent remaster contains all that content and was rated M.05/28/2015 - 3:54pm
Andrew EisenDepends on if you consider Hatred misrated. I haven't played the game or seen the ESRB's rating summary so I'm undecided.05/28/2015 - 3:53pm
WonderkarpDidnt Fahrenheit have an AO?05/28/2015 - 3:52pm
Matthew Wilson@AE that is why I said it seems more moral panic to me.05/28/2015 - 3:51pm
Andrew EisenMatthew - From what I've seen (just the trailers) the game is nowhere near as gory as many, many other games. But again, I'm guessing the AO rating comes from theme and tone rather than outright gore.05/28/2015 - 3:50pm
Andrew EisenKarp - It didn't show penetration or nudity.05/28/2015 - 3:50pm
WonderkarpI'd say Mortal Kombat X has more Gore and Violence than Hatred.05/28/2015 - 3:50pm
Matthew Wilsonwhat I mean by worse in this case its not more gory/violent than others.05/28/2015 - 3:48pm
WonderkarpI forget....did Hot Coffee actually show Penetration?05/28/2015 - 3:48pm
Andrew EisenKarp - The Skyrim mods are external mods. The Hot Coffee mod unlocked content on the disc. Big difference. Still, the content that was unlocked was still perfectly in line with an M rating in my opinion.05/28/2015 - 3:47pm
Andrew EisenThemes are factored into ratings, not just mechanics. Still waiting for ESRB's rating summary. Very curious to see what it has to say.05/28/2015 - 3:46pm
Matthew WilsonHatred is a top down shooter though, and isnt any worse than other top down shooters?05/28/2015 - 3:45pm
Wonderkarpyeah, San Andreases rerating was ridiculous. Why not rerate Skyrim with all its crazy sex mods out there? But yeah, ESRB is good as policing itself. 05/28/2015 - 3:45pm
Andrew EisenManhunt 2 and Hatred though? Eh, there's an argument to be made for the higher rating.05/28/2015 - 3:43pm
Andrew EisenRerating San Andreas was a mistake though. That seemed to be the result of kowtowing to public pressure.05/28/2015 - 3:42pm
Andrew EisenThere wasn't one. It's just a dumb rating.05/28/2015 - 3:42pm
WonderkarpI dont see Moral Panic with a racing game though05/28/2015 - 3:40pm
Matthew Wilson@AE when they tend to misrate games its normally because of moral panic surrounding it.05/28/2015 - 3:38pm
 

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