Yesterday we wrote about a leaked Fallout 4 video secretly shot during a behind-closed-doors meeting with Bethesda at Gamescom. Bethesda spent a good part of the week playing a game of DMCA whack-a-mole with people reposting the secretly shot Fallout 4 footage, but it initially had trouble getting it off of popular porn destination Pornhub.
Bethesda's legal team is playing a game of DMCA whack-a-mole all this week with people reposting a secretly shot Fallout 4 gameplay video during Gamescom last week. The video first surfaced on popular porn destination Pornhub. As of this writing it remains active and available.
While Bethesda has been unsuccessful in getting the video taken offline, other videos posted around the web and on YouTube have been successfully DMCA'd, despite the best efforts of a thread on gaming forum Sugar Bombed to keep it online.
Polygon weaves a fascinating (but true) tale about Gaijin Entertainment and a rogue gameplay producer at the company who used multiple DMCA take-downs to hold the channel of Russia's most popular YouTube personality hostage.
In a closed media event attended by Gamasutra and other outlets, the Entertainment Software Association discussed GamerGate, its fight against the Electronic Frontier Foundation about video game software, and the Electronic Entertainment Expo. The media event took place prior to E3 last week.
Update #2: George Weidman tweeted that Konami has lifted the copyright claim from the original video:
"Strike resolved, Konami revoked it. I was traveling before & after this incident began&ended. Sent 3 polite emails to Konami PR. It worked."
If you missed Saturday's live broadcast of Super Podcast Action Committee (Episode 138), you can watch the video replay on YouTube, to your left, or download it below. On this week's show hosts Andrew Eisen and E.
It looks like the Entertainment Software Association has decided to go toe-to-toe with the Electronic Frontier Foundation (EFF) over exemptions to the Digital Millennium Copyright Act’s anti-circumvention provisions (Section 1201). Law student Kendra Albert and the EFF are asking the U.S. Copyright Office to give exemptions to game enthusiasts, museums, and academics who preserve older video games.
Microsoft has hit modders using leaked files from its recently announced Halo Online game with a DMCA takedown notice, TorrentFreak reports. Last week Microsoft announced the free-to-play online PC game for Russia only, and didn't promise that the game would be released outside that territory. This made some Halo fans a bit upset.
Nintendo has fired off a DMCA takedown notice at Super Mario 64 HD, a remaster of Nintendo's 3D platformer for the Nintendo 64 built using Unity - according to Eurogamer. Specifically, the rework is the first level from the popular Mario game - Bob-Omb Battlefield.
If you missed Saturday's live broadcast of Super Podcast Action Committee (Episode 136), you can watch the video replay on YouTube, to your left, or download it below. On this week's show hosts Andrew Eisen and E.
Popular YouTube personality and games journalist Jim Sterling became a victim of a DMCA takedown at the hands of developer Digpex Games after he made jokes about the quality and gameplay of the company's PC game, Skate Man Intense Rescue. Sterling made light of the game in new YouTube video called "SKATE MAN INTENSE RESCUE - Welp, Videogames Have Peaked!"
Update: The ESA has apologized for the DMCA takedown notices, saying that there was some amount of confusion involved. Below is a statement it issued to Ars Technica:
Update: The ESA has issued an apology for a DMCA takedown notice that went out over the weekend. You can read its statement here.
What is now being described as a "mistake" and a "misunderstanding" had the Dark Souls community in a bit of a lather for the last several days. Apparently a company representing the interest of Bandai Namco sent out a DMCA takedown request to the host of a very popular Dark Souls PC mod. The company responsible for doing that is FDS File Defense Service, which was hired by Bandai Namco's US arm to remove Dark Souls debug mode patches from the internet.
According to this Ars Technica report, Activision is using DMCA takedowns on YouTube videos that tell players how to use glitches and exploits in its latest Call of Duty title, Call of Duty: Advanced Warfare.
Over the weekend video network Machinima sent out a tweet warning other YouTube video makers that Activision was cracking down on videos that highlighted possible ways to cheat in Advanced Warfare:
Electronic Frontier Foundation (EFF) announced that it has filed six exemption requests with the U.S. Copyright Office today. Every three years the agency in charge of copyright uses Section 1201 of the Digital Millennium Copyright Act (DMCA) to allow for petitions asking for exemptions in the name of the greater good. EFF's requests received assistance from the Organization for Transformative Works, the NYU Technology Law & Policy Clinic, attorney Marcia Hofmann, and former EFF intern Kendra Albert.
It looks like 4chan, a place that some might call the filthiest corner of the Internet, is putting a DMCA policy in place. According to this TorrentFreak article, the new policy was put in place in the wake of hundreds of nude celebrity photos being leaked online after being stolen from Apple's cloud service. Some insist that those photos first started showing up on 4chan.
Valve Software has banned a couple of Steam Community contributors and released a statement to its Counter-Strike: Global Offensive creators, according to this Gamasutra report. The community content creators allegedly used artwork for one of the most popular user-created weapons in the game that they did not own.
Level Up Labs co-founder Lars Doucet has created and deployed a Wikia directory page called WhoLetsPlay that informs video content creators which publishers allow monetized Let's Play videos and which do not. The Wikia page divides publishers into three groups:
YES - Allows Let's Play AND allows them to be monetized.
MAYBE - Might allow monetization under some circumstances, or it is unknown.
No - Does not allow monetization.
Capcom has put the brakes on a Kickstarter crowd funding campaign for an unlicensed Ghost 'N Goblins game. Phantasm Studios' campaign is now the subject of an intellectual property dispute initiated by Capcom, and has been shutdown. The Kickstarter page for the campaign now features a DMCA notice from Capcom.
Google has implemented a new system that auto detects content that is supposedly in breach of copyright this week, and it is affecting many YouTube stars. They are claiming that dozens or even hundreds of their videos are being removed. Since these claims are automatic because of the new system, many game companies who own the copyrights in question are doing their best to help those affected by the new system.
Indie developer Sean Lindskog pens an interesting editorial (a repost of a blog entry he wrote) on how reviewers like TotalBiscuit now understand the fear that game developers feel when they are at the mercy of someone else. Lindskog, who developed the indie space-themed action game Salvation Prophecy compares his feelings towards a negative review on GameSpot with the DMCA take-down request filed by developer Wild Games Studios against YouTube personality TotalBiscuit.
Finally members of Congress have put forth serious DMCA reform legislation and rights groups are praising it right out of the gate. The new legislation is called the "Unlocking Technology Act of 2013," and is sponsored by Zoe Lofgren (D-CA), Thomas Massie (R-KY), Anna Eshoo (D-CA), and Jared Polis (D-CO). The Unlocking Technology Act of 2013 legalizes unlocking cell phone unlocking and modifies the DMCA so that unlocking copy-protected content is only illegal if it's done in order to "facilitate the infringement of a copyright."
A letter signed by 33 organizations and nine individuals asks the top ranking lawmakers in the House of Representatives (Reps. Bob Goodlatte and John Conyers) and the United States Senate (Sens. Patrick Leahy and Charles Grassley) to make an exception for unlocking electronic devices to the Digital Millennium Copyright Act (DMCA). Recently a petition signed by over 110,000 Americans asked President Barack Obama's administration to make the same exception.
Earlier in the week reported on a petition over at WhiteHouse.gov asking the administration to direct the Librarian of Congress to rescind the October 2012 decision that removed unlocking mobile phones (commonly referred to as jailbreaking) as an exception to the DMCA. The petition went on to ask the White House - if it could not compel the Librarian of Congress to change that decision - to champion a bill that makes unlocking phones permanently legal.