For those out there that might long for the days of Jack Thompson and find themselves wondering exactly what the disbarred attorney is up to day-to-day, seek help.

In addition to seeking help, you may also want to cast your vote in a poll currently running on the Entertainment Consumers Association (ECA) forums, which is asking for votes on the matter of starting a sub-forum dedicated to Thompson’s communiqués.

The current vote stands at 18 in favor of the addition, and 4 against.

As I understand it, if enacted, Thompson’s missives would be posted in his dedicated section by a forum moderator. Whether Jack himself would be able to post or engage users directly is still open for debate.

Voting is restricted to ECA Forum members, but anyone can sign-up for access.

Disclosure: GamePolitics is a publication of the ECA.

The Digital Education Coalition, comprised of The Entertainment Consumers Association (ECA), The International Game Developers Association (IGDA), the Media Education Lab at Temple University and the National Association for Media Literacy Education (NAMLE), has offered comments to the Federal Communications Commission in favor of Net Neutrality.

The document (PDF here) notes why net neutrality is important to coalition members:

The digital education community needs access to a wide variety of online content, which broadband service providers are currently able to block or filter. Further, members of the community need to transmit and access content such as videos, speeches and photos, which require large amounts of bandwidth. The only way to protect educational interests online is to prohibit content-based discrimination.

The group also seeks to persuade the FCC to require internet service providers to act more transparently and to disclose network management practices on their websites.

Members of the digital education community currently have limited access to the network management practices of service providers. Yet, this information is needed to help educators to plan their curricula, enable media literacy educators to teach about network transmissions and assist game developers in the creation of innovative teaching tools.

Disclosure: GamePolitics is a publication of the ECA.

The Entertainment Consumers Association (ECA) has issued a statement in response to an article posted on the Consumerist blog today, which alleged that canceling membership in the organization was difficult and overcomplicated.

GamePolitics is a publication of the ECA.

The response, from the President of the ECA, Hal Halpin, is unedited and after the jump:

The New York City Council Committee on Technology in Government is holding public hearings today on the subject of Net Neutrality.

A live stream of the hearings is available on LiveStream. The Council is live Tweeting coverage as well here. Also look for hashtags #netneutrality or #reso712A.

Entertainment Consumer Association (ECA) Vice President and General Counsel Jennifer Mercurio gave testimony earlier today in support of Net Neutrality.

A sample of her testimony:

ECA is strongly in support the proposals you’ve outlined in Resolution 712A-2007 and of the concept of Network Neutrality, the principle that protects one’s choice of content and equal opportunity on the Internet. Like President Obama, who has pledged to make Network Neutrality the law of the land, we believe that Network Neutrality is a key right for consumers, insuring continued enjoyment and use of the Internet for a variety of applications including recreation, creativity and economic expansion.  This is especially true for video game players (gamers), because our hobby is increasingly tied to the Internet.  Of the 117 million active gamers in the US, 56 percent play games online, accounting for over 65 million Americans.

Disclosure: The ECA is the parent company of GamePolitics

It was only a matter of time before Fox News got involved in the issue of Call of Duty: Modern Warfare 2, and we have confirmation that they will tackle the game tomorrow morning during the Fox & Friends show.

The ECA, which operates GamePolitics, received an email from FOX News around 11 a.m. EST today asking to speak to an "expert gamer" about the controversies surrounding the game. The pertinent part of the email:

Hello,

I write to inquire about a possible interview tomorrow on Fox & Friends. We're the morning show of the Fox News Channel, and are planning on doing a segment on the new Xbox game, Modern Warfare 2. We're hoping to have a debate on the game, and would love to speak to an expert gamer on the controversies surrounding the game. The debate is for 6:50am tomorrow morning, on camera.

The email came to Jason Andersen, the ECA's director of PR. When he responded that the ECA might be interested but they needed more information, he did not receive an answer. So it appears that the ECA will not be the representative side of the games industry.

Hal Halpin, president of the ECA, said that he heard from other sources that FOX wanted to "discuss the ethics and morals that game developers employ when making decisions about what content/direction to employ when they're creating games."

GP: We all know what a pillar of integrity FOX News can be when it comes to covering video games, remembering in particular their coverage of the alien sex simulator that was Mass Effect. Cooper Lawrence, an author used by FOX to bash Mass Effect, later recanted her comments saying:

"Before the show I had asked somebody about what they had heard, and they had said it's like pornography. But it's not like pornography. I've seen episodes of Lost that are more sexually explicit."

So it will be interesting to see how they handle this, seeing as there is already a lot of misinformation about the Modern Warfare 2 terrorist sequence in the mainstream press. Hopefully, whoever responds for "the gamer" will be able to hold their own as well as Geoff Keighley did against Cooper Lawrence.

Watch the episode tomorrow at 6:50 a.m. and tell us what you think.

Update: For a cartoonist's take on the Fox News coverage, check out Crispy Gamer's Backward Compatible.

The Entertainment Consumers Association (ECA) has sent a letter to Federal Communications Commission (FCC) Chairman Julius Genachowski praising proposed Net Neutrality rules.

The letter, which was also copied to the FCC’s four Commissioners, notes the key reasons the Net Neutrality movement is important to gamers:

• Popular massively multiplayer online (MMO) games such as Activision-Blizzard’s World of Warcraft hosts more than eleven million users worldwide;
• Both Xbox Live® and PlayStation Network® connect over 46 million console users in the United States and abroad in hundreds of games online; and
• Well-liked gaming websites like Kongregate, PlayFirst, Pogo.com and PopCap Games also serve hundreds of millions of users on their web browsers.

A section of the letter also touched on the rights of wireless gamers:

The iPhone App Store and other wireless providers are selling thousands of games to consumers on their phones, but are also urging that principals of Net Neutrality should not apply to them. From a gamer’s perspective, wireless providers must be treated the same as any other service provider to insure the same gaming experiences exist across platforms.

Noting that “more troubling behavior in the marketplace” has become more common—such as “deep packet” inspection by Internet service providers—ECA Vice President and General Counsel Jennifer Mercurio wrote:

The ECA asks that the FCC take action now to affirmatively safeguard the free flow of information on the Internet before it’s too late.

Full Disclosure: GamePolitics is a publication of The ECA

Entertainment Consumer Association (ECA) President Hal Halpin recently discussed gamers’ rights with the website Skewed & Reviewed.

Among the topics broached were Digital Rights Management (DRM), M-rated game sales, triumphs of the past year and the challenges still remaining.

Halpin on the greatest single current threat to gamers’ rights:

Again, generally, digital rights as it relates to consumers. More particularly, I’d say that a challenge within that challenge may be that we still have a lot of work to do regarding combating negative stereotypes of gamers and gaming.

On further reducing the sale of adult-rated games to minors:

Beyond that, I believed and continue to believe, that parental responsibility must begin there. To ask more of the merchant is unfair and unprecedented, compared with how DVDs, music and motion pictures are sold. They¹ve done and are doing enough.

Disclosure: GamePolitics is a publication of the ECA

The Entertainment Consumers Association (ECA) has debuted a new online presence aimed at educating consumers about such issues as digital content distribution, license agreements, virtual property and piracy.

The Gamers for Digital Rights web presence includes a glossary of terms and concepts, a Facebook Group and the ability to sign—and comment on—a DRM and End User Licensing Agreements (EULAs) petition to the FTC.

Jennifer Mercurio, ECA Vice President and General Counsel, added:

The importance of this issue is mounting, as we move from a packaged goods model, where we own what we buy, to a digitally-distributed model, where we may have a license for what we buy.

As part of its drive into the issue, the ECA also announced the hiring of Robert L. (“Beau”) Hunter, IV as Digital Rights Consultant. Hunter joins the ECA after serving as Manager for IP Enforcement with the Entertainment Software Association (ESA).

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

You walk into a game store to pick up the latest AAA title, be it for a console or PC, and you are probably going to pay in the neighborhood of $60, unless, of course you get Rock-Band-like peripherals with your order.

Have you ever given any thought as to what goes into that price point? David Thomas over at Crispy Gamer did, and came up with an interesting analysis, examining possible reasons such as reasonable greed, consumer stupidity or evil conspiracy. He quotes a few industry officials, including the ECA's Hal Halpin:

"I'm not sure that we'll see a standard $70 price point at all," observes Halpin. "To my mind, emerging technologies, subscriptions and episodic and downloadable content should all enable price drops -- increasing accessibility to a much wider audience. Free-to-play, ad-supported models, too, diversify the price landscape."

Definitely an interesting read. What is your perspective? Will prices ever come down?

Count the Entertainment Consumers Association (ECA) among those who back the Federal Communications Commission’s (FCC) stance and newly added principles on net neutrality.

Noting that the ECA is “delighted” with FCC Chairman Julius Genachowski’s “aggressive stance,” the ECA’s Vice President and General Counsel Jennifer Mercurio commented:

Increasingly, Americans spend much more time on the Internet – they take care of business and pursue their hobbies, like playing video games, all of which fuel our economy, and they should not be penalized for it.

To advance the cause of net neutrality, the ECA has added an action item to its website that allows users to email their Representative or Senators in support of the FCC’s position.

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

With the retirement of founding editor, Dennis McCauley, we’re excited to announce that he will be passing the torch to seasoned game editor, Pete Gallagher. Dennis has been and shall remain mentoring Pete during the transition. Readers of ECA Today, the email-based newsletter which is distributed week-nightly to members, are already familiar with Pete’s work, as he has been the Editor-in-Chief of the popular publication since its inception. Prior to ECA Today, Pete was the Editor-in-Chief of GameDaily and oversaw the transition from a small business-to-business trade newsletter to a major portal, now owned by AOL.
 
“Pete has been an important part of the editorial landscape in games journalism for over a decade, but has done so in a uniquely humble and low-key manner,” said Hal Halpin, president of the ECA. “We’re thrilled to have him come on board and take on responsibility for GamePolitics as well.”
 
Hal also hinted at some additional changes to look forward to, “Over the next few weeks, we’ll be unveiling a few new modules which should enhance user experience across our sites, GP included. And by adding a few more editorial voices to the chorus, we hope to diversify the overall offering, while maintaining the aspects of each property that readers enjoy.”
 
“I’m really excited to be a part of further developing GamePolitics in addition to my other responsibilities,” said Pete Gallagher, incoming EIC of GP. “I’ve been a fan for years and really enjoy working with Dennis. I think the key to the transition and incorporating the new enhancements to the infrastructure will be listening to reader feedback and modifying accordingly, as has been done previously. With the growth of the association and the sites, it’s taking things to the next level and I couldn’t be more thrilled.”

While we were sad to hear that Dennis had chosen to move on, we are grateful for the partnership that was built and the talents which he brought to the organization. In a relatively brief period of time, GamePolitics has become an important resource for the gaming community – and educational tool for disseminating information and keeping gamers aware, and a valuable and timely news publication and blog.

Careful not to step on the toes of our endemic media partners and managing the balance between Church and State – regarding editorial independence – were challenges that Dennis took on with skill and ease. From breaking the ‘Hot Coffee’ scandal, to regular and persistent issues related to Jack Thompson, Dennis was a talented journalist and his contributions to the publication and to the association will be missed.

On behalf of the ECA members and GP readers alike, our heartfelt thanks and sincere best wishes, Dennis.

– Hal Halpin, pres., ECA.

Late last week the Federal Communications Commission announced that it would look into the potential for a universal content rating system to span various forms of media.

Hal Halpin (left), president of the Entertainment Consumers Association, has now weighed in on the topic:

Like the respective trade associations which represent the entertainment industry’s various media, we were surprised to hear of the FCC’s interest in exploring the possibility of a universal ratings system. It is odd that video and movies were not included, which would have then been encompassing and more valuable to consumers, in theory.

 

As for if the ECA is in favor of such an endeavor, it would be too early to speculate, not knowing anything more than the cursory details. Our position remains that we fully support the ESRB and believe it to be an important component in the product purchasing process.

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

The Entertainment Consumers Association is urging gamers to stand up and be counted for Net Neutrality.

In an e-mail circulated yesterday, the ECA issued a call to action:

Now is the time for you to stand up for your rights and join millions of Americans of every political persuasion in the fight for Net Neutrality. Net Neutrality is the principle that ensures that gamers are free to go where they want, do what they like, and connect with whom they choose onlin. Congressmen Ed Markey (D-MA) and Anna Eshoo (D-CA) have introduced H.R. 3458, the Internet Freedom Preservation Act of 2009.

Take action now and tell Congress to make Net Neutrality the law of the land. Without Net Neutrality, your Internet Service Provider is free to: charge you extra for playing World of Warcraft, to interfere with Xbox Live, or to completely shut off your ability to access for favorite web sites. Net Neutrality effects your entire online experience...

This is our best chance yet in making sure that Net Neutrality is passed by Congress. The head of the FCC supports it, the President of the United States supports it, and we're asking you to make sure to tell Congress you support it. Take a moment to send them the message to make Net Neutrality the law.

A suggested letter to Congressional representatives is available from the ECA website.

GP: Gamers, this issue may not inflame passions in the same way that the censorship debate does, but it's just as important in the long run.

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

On Monday, GamePolitics reported that the Entertainment Consumers Association had embarked on a campaign to inform President Barack Obama about the many benefits that video games can provide.

The ECA undertook the campaign following Obama's recent admonition to "put away the Xbox." Over the last few years Obama has often referred to games as something to be set aside in favor of a greater good.

The ECA initiative received wide coverage in the gaming press. In a lengthy interview with The Grumbly Gamer, ECA President Hal Halpin elaborates on why the game consumers' group decided t take its case to the White House:

We [at ECA] had discussed addressing the President’s “put the video games away” aspect of his speeches several times, actually. At issue is the fact that we agree fully with what he’s saying in principle. Parents need to be more involved with what their kids are doing. They need to be more engaged and focus on understanding what media their kids are ingesting. They need to use the ratings systems as a benchmark – and it’s a great first step – but they should really take the few minutes to participate in that media actively.

 

I also agree that kids get far too much screen time, be it movies, TV, cell phones, the Internet, or computer and video games. So we hesitated a few times, hoping that some other form of screen time would be included as the example. But each time the speech was recycled, we waited with bated breath…and were disappointed that the focus remained on gaming and gamers. It began reinforcing the negative stereotype and was compounded by the media interpreting and reinterpreting his meaning. So we had to act.

 

A campaign is precisely the way to let the White House, and by extension everyone else, understand that gamers are tired of the mislabeling of both gaming and of gamers. By giving folks the access to our online advocacy tools, they can take the 30 seconds and make their voices heard. It’s fast, easy and free. You don’t need to be an ECA member. Just someone who wants gaming to be treated with the respect that other forms of media enjoy.

The ECA's online campaign referred to write to President Obama may be found here.

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

If you're a regular GamePolitics reader, you know that President Barack Obama often refers to video games as something to be set aside in favor of presumably more worthwhile pursuits. In the most recent example, Obama, speaking at the NAACP's 100th anniversary dinner, counseled African-American parents to put away the Xbox.

Now, the Entertainment Consumers Association is urging gamers to let the President know that there is a lot of good in video games. Brett Schenker, Online Advocacy Manager for the ECA, writes:

Throughout the Presidential race and continuing into his Presidency, President Obama on numerous occasions has said "put the video games away." As a gamer and a voter, [the ECA is] asking you to email President Obama to point out some of the ways that video games have empowered and educated you, as well as their power to build teamwork and make people healthier...

We know video games can promote fitness. We know games can educate, because we've experienced that first hand. Video games are also not solely consumption entertainment as we're being challenged to create content for some of our favorite games. We're a part of the new global choice for entertainment and the community it's spawned.

 

We're asking you to speak out now and put a positive face on our community. Make sure to let the President know what we experience every day. Take a moment and make your voice heard.

To assist gamers in contacting the Prez on this issue, the ECA has set up an online action campaign where gamers can personalize their message and have it forwarded to the White House.

As GamePolitics reported yesterday, the Entertainment Software Association has filed suit against the Chicago Transit Authority. The video game publishers' lobbying group hopes to overturn the CTA's ban on ads for M and AO-rated games on its vehicles and facilities.

The Media Coalition, an association that defends the First Amendment rights of producers and consumers of First Amendment protected material, has issued a press release announcing its support for the ESA in the case. Executive Director David Horowitz commented on the situation:

Ex-[Illinois] Governor Blagojevich spent hundreds of thousands of dollars unsuccessfully to defend a law that barred minors from buy or renting similar video games before it was struck down as unconstitutional. The Chicago Transit Authority should repeal this ill-conceived ordinance rather than using scarce resources to fight this in court and get the same result.

The ESA, which represents U.S. video game publishers, is a Media Coalition member as is the Entertainment Merchants Association, which represents video game retailers.

The Entertainment Consumers Association, which represents the interests of gamers, is also a Media Coalition member.

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

Entertainment Consumers Association president Hal Halpin debuts a new column for Industry Gamers with a look at negative stereotypes of gamers and how such prejudice can be addressed.

Halpin writes:

Combating the negative stereotypes the gaming industry and gamers themselves face is becoming a daunting task. We’ve allowed people to equate gaming with everything from laziness to isolationism and antisocial behavior, when so clearly it’s the opposite.

 

Because we’ve permitted everyone from anti-games advocates (disbarred attorneys included) to the President of the United States of America to perpetuate those fallacies and said and done nothing, we need to take ownership of at least part of that blame; until and unless we speak up and do something about it. It’s time.

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

Not to beat our own drum (well, maybe a little), but both GamePolitics and parent company the Entertainment Consumers Association drew some major print media attention this weekend.

GamePolitics was featured in the U.K.'s Times Online Weekend Playlist section which referred to GP as:

...an essential regular read for serious gamers, parents of gamers and (especially) politicians who don't know anything about the world's fastest-growing entertainment medium.

Meanwhile, USA Weekend, published by USA Today, gave props to the ECA for its discount programs available to members: 

Today's gamers always are looking to score a discount. It ain't easy... The non-profit advocacy organization[ECA] is offering a 10% discount on all games-related software and peripherals at Amazon. The membership fee is $19.99 ($14.99 for e-mails ending in .edu or .mil), which means if you buy just a few games a year, you've already earned your money back...

Members get discounts from retailers (Good Old Games) and video game rental services (GameFly), money off admission to events (the Penny Arcade Expo), not to mention room rate discounts at Hyatt hotels.

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

The release of today's Digital Britain report  is a milestone, and not just because of its video game-related news.

The BBC has a rundown of other key policy items in the document prepared by Lord Stephen Carter (left). They include:

• three year plan to boost digital participation
• universal access to broadband by 2012
• fund to invest in next generation broadband
• digital radio upgrade by 2015
• liberalisation of 3G spectrum
• legal and regulatory attack on digital piracy

Some of these will impact gamers as well as the general public, especially universal broadband (which the Entertainment Consumers Association has been lobbying for here in the U.S.).

As regards piracy, the British Government appears committed to taking a hard line, as the BBC reports:

The Government believes piracy of intellectual property for profit is theft and will be pursued as such through the criminal law.

Ofcom is to get powers that will make ISPs inform persistent pirates of the illegality of their actions. It will also allow these people to be identified and pursued if that action does not stop them. ISPs will also be encouraged to use bandwidth reduction and protocol blocking to stymie persistent offenders.

However, despite the changes, The Telegraph reports that the music and movie industries don't believe that the Government is being firm enough against pirates. The newspaper quotes Geoff Taylor, head of the British Recorded Music Industry:

Evidence shows that the Government’s ‘write and then sue’ approach won't work. And Government appears to be anticipating its failure by lining up backstop powers for Ofcom to introduce technical measures later. This digital dithering puts thousands of jobs at risk in a creative sector that the government recognises as the driver of the digital economy.

FULL DISCLOSURE DEPT: The Entertainment Consumers Association is the parent company of GamePolitics.

The Media Coalition, a free speech defense trade group has criticized California's Supreme Court appeal of a lower court decision striking down its violent video game law as unconstitutional.

Media Coalition Executive Director David Horowitz said in a statement:

We are very disappointed that the California Governor and Attorney General have decided to spend the state’s scarce resources to ask the Supreme Court to carve out a new exception to the First Amendment.

 

The Ninth Circuit Court of Appeals earlier declined the state’s invitation to create a new class of speech outside of the First Amendment. This is settled law. In recent years, in addition to California, similar laws in Indianapolis, Michigan, Illinois, St. Louis County, Minnesota, and Washington attempted to ban video games with certain violent content were uniformly found unconstitutional.

Media Coalition members include video game industry trade groups the Entertainment Software Association (game publishers) and Entertainment Merchants Association* (game retailers). It was these two entities which originally brought suit against the California law in 2005.

The Entertainment Consumers Association is also a Media Coalition member.

* Prior to its 2006 merger with the Interactive Entertainment Merchants Association, the Entertainment Merchants Association was known as the Video Software Dealers Association, and the California case continues as VSDA v. Schwarzenegger.

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

Reactions continue to come in following today's decision by Gov. Arnold Schwarzenegger to appeal a pair of federal court rulings which previously held that the state's 2005 violent video game law is unconstitutional.

Hal Halpin, President of the Entertainment Consumers Association, issued a statement moments ago on the California appeal:

I was disheartened to hear that Governor Schwarzenegger is petitioning the Supreme Court over labeling and sales of video games, especially given the fact that nine similar pieces of legislation have been overturned on First Amendment grounds, costing the respective cities and states much-needed taxpayer funds.

 

Coupled with California’s $21B economic crisis and the fact that the Governor is about to lay off teachers en masse, it’s shocking to the conscience. This was a frivolous political football back when the state had money to burn. Now it’s out-and-out irresponsibly politicized.

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

The Entertainment Consumers Association has added a new member to its team.

Jason Andersen, who previously assisted the ECA as a public relations consultant, joins the ECA as of the organization's Director of Public Relations. In his new role, Jason will act as media spokesperson for the game consumer organization.

A P.R. veteran with more than a decade of video game industry experience, Jason has worked for major game publishers, including EA, SEGA and LucasArts. In those roles, he managed media relations for well-known game franchises such as The Lord of the Rings, Need For Speed and Star Wars.

Heather Ellertson, VP of Marketing commented on Jason's addition to the ECA staff:

Jason has been a key member of our team since we launched in 2006 and was an important part of the association’s visibility, positioning and success. His expertise in publicity, knowledge of the industry and passion for gaming and gamers’ rights make him a perfect fit for the ECA.

As for Jason, he introduced himself via a post in the ECA Forums:

I will be working closely with all of the different departments that make up the ECA to ensure that their hard work is getting the attention that it deserves. That includes increasing the awareness amongst you, the ECA members, in addition to broadening our message to the consumers and the media. In the coming months, we will be launching the first of our monthly newsletters, which will allow us to share the latest and greatest happenings with our members...

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

Here's some great news for GamePolitics readers who are also Kindle owners:

GP is now available from Amazon's Kindle Store. Like other Kindle-capable blogs, there is a small subscription fee, $1.99 per month in GP's case (none of which comes to me, BTW).

As a Kindle fan I've been eager to see GamePolitics made available to the Kindle universe and Brett Schenker of the ECA made it happen. Well done, Brett!

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

UPDATE: Our ECA sister-site GameCulture now has a Kindle version as well.

On Thursday, April 30th Entertainment Consumers Association president Hal Halpin will speak at the Triangle Game Conference in Raleigh, NC.

Hal's presentation is billed as a conversation with Russ Pitts of The Escapist. The format sounds similar to Hal's well-received appearance with Spike TV's Geoff Keighley at PAX 08. The conference listing indictates that Hal will discuss:

The future of games as a media and a business, the role of the Electronic Consumers Association and the many key issues facing consumers today, including DRM, Net Neutrality, the economy and the ESRB.

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

Consumers won a big victory this week as Time Warner Cable backed down on a plan that would have placed a cap on bandwidth usage for broadband customers, while at the same time charging users a wildly inflated price per gigabyte.

When Time Warner announced recently that it would expand its broadband caps into New York and North Carolina, Ars Technica reports that the plan immediately ran afoul of Rep. Eric Massa (D-NY) and Sen. Chuck Schumer (D-NY). The two lawmakers helped torpedo Time Warner's scheme.

The Entertainment Consumers Association, which also lobbied vigorously against the Time-Warner plan, was delighted with the cable provider's decision to back down. ECA VP and General Counsel Jennifer Mercurio commented on the outcome:

We're pleased that Time Warner has come to their senses on this issue... Having worked against caps and tiered pricing for over a year, and being the leading consumer rights organization to aggressively defend the American public on this issue, we're glad to see our efforts pay off even as we continue to work with Senator Schumer, Congressman Massa, and others to stop this type of consumer price gauging moving forward.

When Mercurio mentions price gouging, she's not kidding. Price comparison done by Nate Anderson of Ars Technica show how blatantly Time Warner planned to rip off its customers:

As TWC expands its test markets for the data caps, it offers plans with 5GB of monthly data transfer for $30. Plans with 40GB of data go for $55... That base rate works out to a truly jaw-dropping $6 per GB per month, and it's so far out of line with competitors' plans as to shock even the most cynical heart.

Take AT&T's DSL, for comparison... AT&T DSL comes out to 9¢ per GB. Verizon's fiber-optic FiOS system... this comes out to $.11 per GB. Upgrading to the much faster 50Mbps service for $144.95 a month still means that the charge per GB is only 36¢.

The situation is similar at other cable operators. Comcast offers Internet service starting at $42.95 per month and has a 250GB cap in place; this works out to 17¢ per GB.

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

Jennifer Mercurio, a seasoned advocacy attorney who has substantial video game industry experience, has been promoted to the position of Vice President and General Counsel of the Entertainment Consumers Association.

Mercurio, who in the past worked as a lead attorney for game publishers' group ESA, was originally hired by ECA President Hal Halpin in 2007. Of the promotion, Halpin said:

Jennifer’s track record of success speaks for itself along with her commitment to our advocacy mission for gamers. With the growing recognition of the demographic power of gamers we felt it important to expand her role to take advantage of our momentum on issues such as free speech, broadband access, and the rights of gaming consumers.

An ECA press release notes:

In her new role Mercurio will oversee all legal, policy, research, advocacy, action, lobbying, and government affairs for ECA...

 

The promotion signals the increasing influence of the ECA’s government affairs and policy efforts on behalf of gamers following its recent establishment of the ECA Institute, a charitable non-profit that helps develop and implement ECA public policy positions.

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

Brett Schenker, Online Advocacy Manager for the Entertainment Consumers Association, circulated the following to ECA members on Friday.

You don't need to be an ECA member to sign the petition that Brett mentions, so feel free to check it out:

Over the past year we have witnessed a growing concern among gamers about the issues of increasingly invasive Digital Rights Management (DRM) and End User Licensing Agreements (EULAs). 

The FTC is holding hearings on the issue of DRM and EULAs. Read the ECA's statement, sign the petition and comment about how consumer rights are being diminished.

The ECA respects the careful balance that must exist between the content community and the customer, and we agree that piracy is an ever-present challenge for the trade; at the same time, consumers must be protected from crippling DRM and murky EULAs.

Now's the time to weigh in with your thoughts about DRM and EULAs.

We acknowledge that these are weighty and topically-important issues, without easy solutions, and we are pleased to see the FTC providing a forum for thoughtful discussion of the matter.  We wanted to give you, the consumer, an opportunity to express your opinions on DRM and EULAs, which will be delivered to the FTC.

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

Last week was a busy one for Entertainment Consumers Association President Hal Halpin.

On Wednesday Hal was in Seattle to serve as a panelist on the Federal Trade Commission's much-anticipated town hall meeting on digital rights management (DRM). From Seattle it was down to San Francisco for the Game Developers Conference. At GDC Hal was interviewed by - among others - Ben Kuchera of Ars Technica and spoke at length about the needs of the game consumer in relation to the game industry's desire for DRM and those pesky End User License Agreements (EULA):

We suggested a few things to the FTC, one of which was we'd like to see DRM disclosed. So when people go to the store and buy the packaged good, the PC game, they'll see something on the front of the box saying there is DRM inside, and to what degree it will be invasive.

The second thing that we recommended was that EULAs get standardized, so again, rather than have 30 or 40 types of agreements, there would be one standard one for all different types of computer games. People go into the store, buy the game, open it, and they can no longer return it... by standardizing the EULA, consumers will have the confidence to know what it is they're agreeing to before they buy the product.

That didn't go over so well. There was a room of attorneys that kind of gasped when we suggested standardization. One panelist commented that the EULA really were there as consumer information, and that was the one and only time that the FTC jumped in and said 'wait a second, this has nothing to do with consumer information, this is purely IP protection...'

Hal also spoke about the coming shift to digital distribution and how this will affect the game consumer:

The transition from disc-based media to digital media... it's essentially going to remove the "purchase to own" out of the equation, replacing it with purchasing a license. That's how PC games are now... That paradigm shift, it's very important for us to get out ahead of it, so with DRM and EULAs, so we can say these are what consumer's rights are, and have an easy way to identify that in the purchasing process...

One of the reasons it's important to get EULAs standardized and DRM disclosed is that when you talk about different [delivery] systems like Steam... there are still controls in place. While it's not SecuROM, it's another form of DRM, it's just in a different way. Consumers need to understand that...

 

Some [game] publishers... feel that the vocal minority of consumers who spoke up about Mass Effect and Spore represent the 'pirates' and in doing so fanned the flames for a much larger percentage of consumers who now feel like they're not being listened to. A dismissive attitude from the industry probably came back to haunt them in sales...

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

Ben Kuchera of Ars Technica reports that he caught up with Entertainment Consumers Association President Hal Halpin (left) at the Game Developers Conference this week.

While Ben has a full, issue-oriented interview with Hal coming up, he has in the meantime posted some good news for ECA members: You'll now get a 10% off software purchases at Amazon.com.

Of the deal, Hal told Kuchera:

If you buy three games or so a year through Amazon, your [$20] ECA membership is basically free.

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