ECA: 'SOPA/PROTECT IP Would Be Hideously Bad For Video Gamers'

November 16, 2011 -

A new article over at TechDirt penned by the Entertainment Consumer Association's Vice President and General Counsel, Jennifer Mercurio, explains why the Stop Online Piracy Act (SOPA) and PROTECT IP are bad for everyone - especially gamers. Mercurio lays out what this means to everyday internet users when it comes to video performance and fair use in the first paragraph:

"If a pair of bills on Capitol Hill, called the Stop Online Piracy Act (SOPA) and PROTECT IP, pass, you could be fined and thrown in jail for streaming (i.e., 'performing') your video game speed runs or game play. Just as people post cute pictures and videos of themselves, their pets and their kids singing and dancing to copyrighted works, gamers of all ages routinely post pics and stream video of themselves during game play. All of these things have, for the most part, been considered 'fair use' under the law. Tens of thousands of videos currently available online featuring game play from popular games like Call of Duty, Halo, Starcraft and others could be made illegal under these laws."

We recommend you go to TechDirt and read the whole thing but Mercurio lays out all the arguments as to why these poorly worded bills are dangerous to free speech, fair use, and how it takes away due process for those accused of running web sites pegged as trafficking in illegal software or counterfeit products. In other words, these bills give law enforcement the ability to punish those they deem as wrongdoers before they have a chance to fairly defend themselves. This is the basic foundation of our rights - I.E. when we are accused of a crime we are not guilty until proven innocent.

The article concludes with a reminder that the ECA opposes these bills and offers free online tools to help the public let their elected representatives know how they feel about it. Find out more at theeca.com/video_gamers_rights.

Thanks to Uncharted NES for his urgent tip!

[Full Disclosure: GamePolitics is an ECA publication.]


Comments

Re: ECA: 'SOPA/PROTECT IP Would Be Hideously Bad For Video ...

I see two big dangers with SOPA, both stemming from a lack of due process.

  1. Larger companies can take down a small competitors website with little more than an accusation.  The lack of revenue and any potential legal costs could easily put a small business under.  And sure there are legal remedies for false accusations.... but that assumes there's something left when the dust settles who can sue the accuser.
  2. Nothing seems to stop a publisher from saying that any negative reviews of their product (particularly games, but also movies, books, etc.) are a violation of copyright and forcing them to be taken down, while leaving up any positive reviews.  Same goes for gameplay videos that show bugs, exploits, what have you.

I have to mostly agree with Google's (and other's) position on this.  Having a law to shut down sites selling counterfeit goods (particularly pharmaceuticals) would not be a bad thing.  Extending that to cover pirated goods seems to be getting sketchy.  And implementing it they way these bills do is just plain wrong.

===============

Chris Kimberley

Re: ECA: 'SOPA/PROTECT IP Would Be Hideously Bad For Video ...

Man, remember the internet? How much fun we had watching review shows and game related stuff... I'm sure gonna miss all that.

---You are likely to be eaten by a Grue.

Re: ECA: 'SOPA/PROTECT IP Would Be Hideously Bad For Video ...

Just a thought but isn't it innocent until proven guilty, not guilty until proven innocent? I mean isn't it the whole point of this article?

Re: ECA: 'SOPA/PROTECT IP Would Be Hideously Bad For Video ...

This whole bill is more like "guilty until proven guilty" anyways.

Re: ECA: 'SOPA/PROTECT IP Would Be Hideously Bad For Video ...

Reread the sentence in question.  He's saying we're not guilty until proven innocent.

===============

Chris Kimberley

Re: ECA: 'SOPA/PROTECT IP Would Be Hideously Bad For Video ...

"until proven innocent" aka, innocent until proven innocent. That's the redundant part.

Re: ECA: 'SOPA/PROTECT IP Would Be Hideously Bad For Video ...

It'll be f*cking awful for everybody... except a handful of big corps, which seems to be the point. :(

 
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ZippyDSMleePaypal shuts down Mega's payment system. https://torrentfreak.com/under-u-s-pressure-paypal-nukes-mega-for-encrypting-files-150227/03/01/2015 - 3:25pm
Matthew Wilsonvalvle planning to release a vr headset this year wtf http://www.pcgamer.com/valves-vr-headset-is-named-vive-and-htc-are-making-it/03/01/2015 - 1:05pm
ZippyDSMleeuuuhhhggg in other news been sick since last night.....uuhggg.....I iwsh it did not hurt so much when my tummy wants to leave my body..02/28/2015 - 11:39pm
ZippyDSMleeBrings me to the Q why alt costumes would be needed in competition anyway... http://www.eventhubs.com/news/2015/feb/28/dead-or-alive-community-aims-ban-over-120-overly-sexualized-costumes-dead-or-alive-5-last-round/02/28/2015 - 11:36pm
MonteThough from a business side, i would agree with the article. While it would be smarter for developers to slow down, you can't expect EA, Activision or ubisoft to do something like that. Nintnedo's gotta get the third party back.02/28/2015 - 4:36pm
MonteThough it does also help that nintendo's more colorful style is a lot less reliant on graphics than more realistic games. Wind Waker is over 10 years old and still looks good for its age.02/28/2015 - 4:33pm
MonteWith the Wii, nintnedo had the right idea. Hold back on shiny graphics and focus on the gameplay experience. Unfortunatly everyone else keeps pushing for newer graphics and it matters less and less each generation. I can barely notice the difference02/28/2015 - 4:29pm
MonteON third party developers; i kinda think they should slow down to nintendo's pace. They bemoan the rising costs of AAA gaming, but then constantly push for the best graphics which is makes up a lot of those costs. Be easier to afford if they held back02/28/2015 - 4:27pm
Matthew Wilsonhttp://www.forbes.com/sites/insertcoin/2015/02/28/the-world-is-nintendos-if-only-theyd-take-it/ I think this is a interesting op-ed, but yeah it kind of is stating the obvious.02/28/2015 - 2:52pm
prh99The government probably doesn't need an app, but I was think more along the lines of a company that was going to sell the collected info. “If you're not paying for the product, you are the product” sometimes even if you pay.02/28/2015 - 1:50pm
E. Zachary KnightWhat better way for the government to keep track of you than to get you to install an app that lets you insult the government.02/28/2015 - 11:03am
prh99No, but I looked it up and it's basically spyware. Their privacy policy says their apps tracks among other things your location and browsing habits via cookies.02/28/2015 - 8:20am
Ryan RardinHas anyone here heard of an app called iCitizen? It's basically Yelp for politicians.02/28/2015 - 5:16am
Andrew EisenAh, not linked in the way you (and everyone else) want and expect. That's true.02/27/2015 - 10:06pm
Matthew Wilsonthey are not linked in a way that tracks purchases though. the fact that they have to send a code for the other system shows that they are not linked in the way it counts.02/27/2015 - 9:39pm
Andrew EisenAccounts are already linked. Have been for quite a while. Also, Mario vs. Donkey Kong was announced as a cross-buy title during last January's Nintendo Direct.02/27/2015 - 9:25pm
Matthew Wilsonhttp://www.vg247.com/20…/…/27/olli-olli-3ds-wii-u-cross-buy/ I wounder if this is a sign that Nintendo may finally link accounts across the 3ds/wiiu in the near future.02/27/2015 - 9:18pm
prh99http://www.romanoriginals.co.uk/invt/70931?colour=Blue The dress does comes in white and blue but both have black lace and a sheer back top, I don't see gold or brown. 02/27/2015 - 8:54pm
ZippyDSMleeDungeons was a so bad so good game to me so I been keeping up with its sequel which will more of a Dungeon Keeper clone. As for pre order out of 7 preorders I was not burnt by 2... Add my contempt of most of modern game design.Ya I have all kinds of hurt.02/27/2015 - 8:40pm
MechaTama31I don't even want to know...02/27/2015 - 8:22pm
 

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