UK Copyright Law Will Allow CD and DVD Ripping This Summer

March 28, 2014 - GamePolitics Staff

It will soon be legal to rips CDs, DVDs, and other media in the United Kingdom, according to this TorrentFreak report. The UK government has released a guide informing its citizenry that an upcoming revision of copyright laws in the country which will make it perfectly legal to make backup copies of CD and DVDs for personal use. Those changes will be in effect this summer.

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Feminist Frequency Removes Fan Art From Tropes vs Women Banner

March 20, 2014 - Andrew Eisen

Last week we reported that artist Tamara Gray was upset that Feminist Frequency had used her fan art in its Tropes vs. Women in Video Games banner without her permission or any accreditation.

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Super Podcast Action Committee - Episode 91

March 17, 2014 - GamePolitics Staff

Happy Saint Patrick's Day! On this week's show hosts Andrew Eisen and E. Zachary Knight talk about GOG.com's decision to abandon its regional pricing scheme, accusations that fan art was used to promote Tropes v. Women without permission, fair use when using fan art, South Park being self-censored for Europe by Ubisoft, and rumors that the writer of Uncharted was pushed out by the writers of The Last of Us. Download Episode 91 now: SuperPAC Episode 91 (1 hour, 12 minutes) 69.8 MB.

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Fan Artist Upset Over Feminist Frequency's Use of Her Art

March 10, 2014 - Andrew Eisen

To your left is the image used to sell Feminist Frequency's Tropes vs. Women in Video Games series of videos.  As should be clear from the name, the series examines the recurring stereotypes of female characters in video games.  As such, it should come as no surprise that the series banner features a dozen female video game characters.  Now, here's a question for you:

Do you think Feminist Frequency obtained permission to use any of that character art?

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YouTube Personality TotalBiscuit Claims ' Day One: Garry's Incident' Dev Made Copyright Claim Against Critical Video

October 21, 2013 - GamePolitics Staff

Update 2: A full explanation/apology from Wild Games can be read at Kotaku.

Update 1: Kotaku reports that Wild Games has decided to withdraw its YouTube copyright complaint. A statement from Wild Games:

"..after seeing all the negative impact today we decided to withdraw our complaint to YouTube."

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Microsoft Dumps (Most) Bad Xbox One Policies

June 19, 2013 -

Realizing that it has lost the war on Xbox One's online requirements and its used games policies, Microsoft announced today that it is abandoning them altogether. Microsoft has changed its stance on always online and used game policies to be more like they were on Xbox 360. In a blog post explaining the changes President of Microsoft's interactive entertainment business, Don Mattrick, laid out the changes.

Microsoft Changes Game Content Usage Rules for Fan-Made Videos

October 10, 2012 -

Microsoft has added a single line to its "Game Content Usage Rules" (found over in the community section of Xbox.com) that restricts gamers from earning money from videos that contain footage of Microsoft games like... every Halo game every made (thanks Rpad.tv). So if you are one of those YouTube stars with a large following that may have benefited from ad dollars, the party seems to be officially over for you...

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The Reddit Declaration of Internet Freedom Bus Tour Begins in Early October

September 27, 2012 -

The Declaration of Internet Freedom may not be getting as much national attention as it should from the mainstream media (despite several members of Congress and the Senate strongly and publicly supporting it), but Reddit co-founder Alexis Ohanian (who also had a hand in helping draft the document) has some plans to get it noticed by the general public.

Rights Groups Warn that TPP May Bring Back Provisions from SOPA and PIPA

September 10, 2012 -

Rights groups are turning up the rhetoric on the Trans-Pacific Partnership (TPP), claiming that the new treaty being negotiated by the U.S. Trade Representative (USTR) and other countries in the Pacific Rim will bring back controversial copyright enforcement provisions pushed by some US policymakers in recent bills and treaties such as ACTA, SOPA and PIPA.

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Leaked Text from TPP Negotiations Indicate an Attempt to Limit Fair Use

August 6, 2012 -

On Friday a few short paragraphs of text were leaked from the Trans-Pacific Partnership treaty negotiations. The TPP is being negotiated by nine Pacific Rim countries (in secret) with the goal of producing a free-trade agreement that tackles issues related to intellectual property rights. The next round of negotiations is set to take place sometime in September in Leesburg, Virginia.

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EA Motion to Dismiss Counter-Claims in Battlefield Helicopter Lawsuit Denied

July 31, 2012 -

A federal judge has denied a motion by Electronic Arts to dismiss counter-claims in a trademark lawsuit filed by Textron Innovations and Bell Helicopter Textron related to helicopters depicted in its popular Battlefield games. Textron Innovations and Bell Helicopter Textron make the AH-1Z, UH-1Y and V-22 helicopters. They filed a lawsuit in 2008 claiming that the game's depiction of these helicopters infringed on Bell-manufactured vehicles in the "Battlefield Vietnam," "Battlefield Vietnam: Redux" and "Battlefield 2" video games.

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Supreme Court of Canada Rules Against Music Industry Tariffs

July 12, 2012 -

The highest court in Canada has delivered some depressing news for music and other rights holders today: they can't charge additional fees to educators, video game makers, and Internet service providers. In a ruling on multiple cases today the Supreme Court of Canada struck down five cases that had to do with tariffs.

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Federal Court Declares Newspaper Excerpts 'Fair Use'

March 20, 2012 -

Earlier this month the federal district court in Nevada issued a declaratory judgment that made it a lot harder for copyright holders to file lawsuits over excerpts of material being used on web sites and online forums. The judgment is a direct blow to law firms like Righthaven, who filed a ton of lawsuits against websites claiming that they had infringed on copyright holders it represented.

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EA Claims Fair Use in Textron Aircraft Dispute

January 9, 2012 -

After licensing talks broke down between Textron - the parent company of Bell Helicopter – and Electronics Arts, the company has decided to take the legal route to get around paying any licensing fees. Publishers are often pretty heavy handed when it comes to depictions of their work – even when the target claims fair use - but when the shoe is on the other foot, EA has a habit of seeking remedies through the court.

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Forbes Explains Why the ESA Shouldn't Support SOPA

January 5, 2012 -

Forbes has an excellent editorial up about the ESA's support of the Stop Online Piracy Act that does a great job of explaining - in simple English - how it could affect every day web sites who might not necessarily be engaged in anything but providing content.

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Kaspersky Cancels BSA Membership after it Supports SOPA, Backtracks

December 6, 2011 -

Anti-virus and security software maker Kaspersky is not happy with the Business Software Alliance's early support of SOPA and Protect IP in the U.S. Even though the BSA later walked back its support of SOPA, the Russian firm has had enough. It announced that it plans to leave the BSA over its support for SOPA. Kaspersky has announced that on January 1st 2012 it will withdraw its membership of the BSA.

DailyKOS Takes on SOPA, PROTECT IP

November 29, 2011 -

Left-leaning political blog DailyKOS joins the editorial pages of the New York Times and Los Angeles Times in opposition of the House's Stop Online Piracy Act and the Senate's Protect IP Act. In a post titled "Congress is close to destroying the internet (no hyperbole)," DailyKOS says that it is not hyperbole when they say that lawmakers, big Pharmaceutical companies, and the recording, and movie industries are out to destroy the internet.

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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:

U.S. Chamber of Commerce Slams Protect IP Act Critics

November 4, 2011 -

The U.S. Chamber of Commerce has some strong language for critics of Sen. Patrick Leahy’s (D-Vt.) online piracy bill, the PROTECT IP Act. The group, which represents business interests in the United States (and is considered to be a largely conservative organization), fired back at critics on Friday who painted the bill as an effort backed by Hollywood and not businesses.

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Righthaven Takes $120K Hit in Latest Lawsuit

October 28, 2011 -

Righthaven has been ordered to pay nearly $119,488 in attorney fees, court costs after losing a lawsuit against former federal prosecutor Thomas DiBiase. The company, which trolls internet sites and sues them for alleged newspaper copyright infringement (it represented the rights of the Las Vegas Review-Journal in this case), couldn't afford to pay a previous judgment of $34,045, and likely faces an even bigger judgment in another case involving the Democratic Underground.

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Canada Pushes for DMCA-Style Law

September 30, 2011 -

The government of Canadian Prime Minister Stephen Harper has resubmitted a revision of the Canadian digital copyright law (C-11) to Parliament. The bill is being described by Canadian media as pretty much the same as the previous bill submitted by Harper's government the last time. This time the bill will probably pass.

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Expert Analysis: Bill S. 978

July 11, 2011 -

GamePolitics Contributing Editor and Maryland intellectual property attorney Daniel Rosenthal offers and in-depth analysis of Bill S. 978 (also known as the "anti-streaming bill") in this guest editorial.

S.978, the "anti-streaming bill" has been introduced in Congress, apparently in response to the White House's Intellectual Property Enforcement Legislation Recommendations white paper (PDF), which recommended to Congress that they should amend the Copyright Act to "clarify that [copyright] infringement by streaming . . . is a felony in appropriate circumstances." While that seems innocuous enough on its face, the bill presented by the bipartisan trio led by Sen. Klobuchar is deeply flawed for a number of reasons.

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ECA Action Alert: Bill S. 978

July 8, 2011 -

The Entertainment Consumer Association (ECA) has issued a call to arms to its members and the gaming community at large, urging everyone that will listen that Bill S. 978 (the anti-streaming law) is bad for everyone. The law has the potential to affect everyone - from YouTube video posters that make gameplay videos to Netflix users that share their account information. You can check out the alert here and send a letter to your Senators voicing your strong objection to this bill.

The alert can also be found below:

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When Does Fair Use Go Too Far?

January 18, 2011 -

When does fair use go too far? That's a hypothetical question ask by a columnist over at the New York Times, who, after snapping photos from several home decor magazines and books at Barnes & Noble for a home design project (using their iPhone), wondered if he might be breaking the law.

So he turned to several experts on the subject including Julie A. Ahrens, associate director of the Fair Use Project at the Stanford Law School; Stan Liebowitz, a professor of economics at the University of Texas at Dallas and the director of its Center for the Analysis of Property Rights and Innovation; and Charles Nesson, the Weld professor of law at Harvard Law School and founder of the Berkman Center for Internet and Society. Their answers varied.

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Brazil's Fair Approach to Copyright Enforcement

July 14, 2010 -

Brazil seems to have taken a more compassionate and even handed approach to copyright protection, according to the Inquirer. The country has implemented rules that offer protections for both copyright holders and the public. For the public fair use is just as important as copyright infringement and so the rules take that into account. The rules also punish those copyright holders who game the system and bully people using copyrighted material under fair use.

This means that the law can be used on anyone that commits a copyright crime like illegally breaking copyright protection and sharing media, and any firm that uses unfair copyright protection tactics.

Canadian law professor Michael Geist recently talked about Brazil's approach on his blog, saying that it "establishes equivalent penalties for hindering or preventing the users from exercising their fair dealing rights." By his thinking "over-protection" of copyright is just as wrong as protecting it.

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Activision Sees Silver Lining, Grants License to King’s Quest Game

June 28, 2010 -

Phoenix Online Studios, which had received a cease-and-desist from Activision over a fan-made King’s Quest game, has now been given the go-ahead by the publishing giant and will release the first episode of The Silver Lining on July 10.

At the end of June, the development team wrote that Activision reached out a few months earlier with “a desire to revisit their decision.” After some negotiating the cease-and-desist was rescinded and Phoenix was granted a non-commercial license.

Ironically, Phoenix went through the exact same scenario when King’s Quest was still under the control of Vivendi. That publisher too had issued a C&D on the project, only to cave to fan pressure later on and bestow a non-commercial license on the game.

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King’s Quest-based Project Incurs Wrath of Activision

March 1, 2010 -

A group of King’s Quest enthusiasts who have been working on their own content for the 1990s-era adventure game have been forced to abandon their project due to action from Activision.

A variety of King’s Quest games were released under the Sierra label in the 1990s. Volunteers began work on their project, dubbed The Silver Lining, back in 2002 under the name of Phoenix Online Studios, reports Kotaku. While initially they ran into problems with Sierra’s parent company Vivendi Universal—receiving a cease-and-desist order in 2005—a public backlash over the cancellation of the game more or less forced Vivendi to grant a non-commercial “fan license” to the project.

Everything remained status quo until recently, when Activision, which merged with Vivendi in 2008, issued a cease-and-desist to Phoenix Online, indicating “that they are not interested in granting a non-commercial license to The Silver Lining.”

GP’s own legal guru Dan Rosenthal offered his take on the revocation of the non-commercial fan license:

It's always unfortunate when you have a lot of hard work on a fan project go to waste. Unfortunately the real problem here for Phoenix Online was the bad luck of Sierra changing hands from Cendant to Vivendi Universal to Activision Blizzard. Changes of ownership often bring with them changing priorities, and who knows what sort of future Activision sees for the IP. Like many independent studios, Phoenix Online simply wouldn't be able to afford the cost of ignoring the cease-and-desist letter and risking a potential copyright infringement lawsuit.

The real damage here, however, comes from the chilling effect that this sort of action places on fan studios operating under non-commercial licenses (or even worse, no license but a "wink and a nudge" from the IP holder). Now, every fan project going forward is going to be reminded of the Sword of Damocles over their heads from pouring their efforts into someone else's IP.

55 comments

For a Modder’s Panacea, Adapt Music Licensing Techniques

January 27, 2010 -

While game modifications are generally looked at as derivative and infringing works, an academic paper argues that it would be fair to apply a licensing provision currently used in the music business to the mod community in order to advance the genre.

Cover Songs And Donkey Kong: The Rationale Behind Compulsory Licensing Of Musical Compositions Can Inform A Fairer Treatment Of User-Modified Videogame (PDF) was penned by John Baldrica, an attorney, and is published on the North Carolina Journal of Law & Technology website.

Baldrica believes that a compulsory “mechanical” license provision of the Copyright Act, which allows musicians to record cover songs as long as they pay a “statutorily determined royalty” to the original song’s copyright holder, would do wonders for the mod market. Such movement would “feed the professional talent pool” in addition to granting the “freedom to produce the kind of new and creative works that the copyright system was intended to promote.”

The author notes that under the U.S. Copyright Act currently, “the creator of an original copyrightable piece of expression is given the exclusive right to authorize any derivative works,” meaning that game developers can effectively kill a modification to their game anytime they want to.

The problems are; what exactly defines a derivative work and who owns the new modded material that has been created?

…such analysis has been inconsistent in key cases involving modification of videogames. As discussed, treating a mod as nothing more than an alteration of the underlying copyrighted videogame would cause mods to fall under the doctrine of derivative works. It would also strip modders of copyright protection and subject them to liability if the modifications were unauthorized by the original copyright holder.

The compulsory licensing scheme for music has been called “instrumental in the development of the recording industry.” The author goes on to draw a series of parallels between the early days of the music business and the current state of computer software, calling the similarities “striking,” and furthering his belief that “mods’ similarities to musical recordings should merit analogous treatment under a similar statutory licensing regime.”

Unfortunately, Baldrica does not see any changes being made in the near future to the current system for two reasons: “a lack of political will from those outside of the videogame industry and a vested business interest in the status quo from those within.”

Expanding on the first reason, Baldrica writes:

Yet, unlike its concern for the promotion of musical recordings in the first years of the twentieth century, Congress does not appear inclined to grant statutory protections to promote development of videogames in the first years of the twenty-first.

And more on the second reason:

…the game developers and game publishing industry are reluctant to abandon a scheme in which they already enjoy substantial benefits and negotiation power.

8 comments

The Legalities of Reverse-Engineering Games

January 25, 2010 -

Attorney Mona Ibrahim has published an analysis of the legal implications involved in reverse-engineering games.

The article follows a hypothetical game developer who is frustrated that her favorite game has poor server support, so she reverse-engineers the network protocols to create a private, lag-free server.  The concept isn't so far-fetched: guides on how to create a private World of Warcraft server abound and some reverse-engineered games, like SWGEmu have gained quite a bit of attention.

Ibrahim's article outlines the various laws and doctrines that come into play with reverse-engineering, from the Copyright Act to the Electronic Communications Privacy Act, and provides practical examples of where enterprising coders can go wrong.

For instance, regarding the DMCA, Ibrahim notes:

If Mallory's new server doesn't provide the same safeguards that control access to the original game servers (like a CD key or a version verification protocol), then her own server is circumventing access controls to the online component of the game. Therefore, by distributing the program, means (such as DIY instructions), or code to access servers that don't use the game's original access controls, she would be violating the anti-circumvention provision.

The article concludes that while reverse engineering itself is not illegal, it does run a gauntlet of legal issues and that "[t]his isn't the type of project you want to pursue if you're risk averse".


Dan Rosenthal is a legal analyst for the games industry.

9 comments

IP Litigator Scrutinizes Videogame Art

December 3, 2009 -

Where does art inspired by videogames fall under the fair use doctrine? A U.S. Intellectual Property lawyer takes a look at just such a topic in an interesting entry on his blog.

Ben Manevitz centers his article on three pieces of art from Brock Davis, which show interpreted scenes from Dig Dug, Donkey Kong and Missile Command.

The four factors (for the U.S.) for determining fair use are:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted workas a whole;
4. the effect of the use upon the potential market for or value of the copyrighted work.

Manevitz argues that the art in question meets the criteria of points 1 and 4:

The fair use analysis is actually fairly straightforward. You've got a transformative use that will have no impact on the market for the games, or even the potential derivative market for the games. That's factors one and four in favor of fair use.

The author claims that the works do not meet the second factor however:

Admittedly, the game screen is a creative work, which puts factor 2 in the not-fair-use column and it could be argued that the amount taken is substantial - it would depend on the determination of what, exactly, constituted the work; is it the game overall or individual screens.

Manevitz goes on to examine possible trademark implications:

… Atari might be able to argue that a consumer seeing the paintings might be confused as to the source or - in this case the stronger argument - sponsorship of the paintings.

He concludes that game makers might be able to make an “objectively reasonable trademark infringement case against the artist,” before noting that the “saving grace” for the artist might be “the practical factors militating against the manufacturer's bringing suit, to wit, the negative publicity, the paucity of available damages, the relative age (value) of the marks allegedly infringed, etc.”

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MaskedPixelantehttp://i5.minus.com/iN5o9iu1ON2NG.jpg "It cursed my gear? WHY WOULD IT DO THAT?! THIS GAME IS BUGGED!"04/24/2014 - 9:51pm
Matthew Wilsonthe lose of nn would not be good for us, but it will not be good for verizion/comcast/att in the long run ether.04/24/2014 - 2:16pm
Matthew Wilsonsadly yes. it would take another sopa day to achieve it.04/24/2014 - 2:13pm
NeenekoI am also confused. Are you saying NN would only become law if Google/Netflix pushed the issue (against their own interests)?04/24/2014 - 2:10pm
E. Zachary KnightMatthew, you are saying a lot of things but I am still unclear on your point. Are you saying that the loss of Net Neutrality will be good in the long run?04/24/2014 - 2:06pm
Matthew WilsonOfcourse it does I never said it did not.though over time the death of NN will make backbone providers like Google, level3 and others stronger becouse most isps including the big ones can not provid internet without them. they can peer with smaller isps04/24/2014 - 1:54pm
E. Zachary KnightMatthew, and that still plays in Google's favor over their smaller rivals who don't have the muscle to stand up to ISPs.04/24/2014 - 1:45pm
Matthew Wilsongoogle wont pay becouse they control a large part of the backbone that all isps depend on. if verizon blocks their data, google does the same. the effect is Verizon loses access to 40% of the internet, and can not serve some areas at all.04/24/2014 - 1:14pm
Neenekolack of NN is in google and netflix interest. It is another tool for squeezing out smaller companies since they can afford to 'play'04/24/2014 - 12:57pm
Matthew WilsonI have said it before net nutrality will not be made in to law until Google or Netflix is blocked, or they do what they did for sopa and pull their sites down in protest.04/23/2014 - 8:02pm
Andrew EisenGee, I guess putting a former cable industry lobbyist as the Chairman of the FCC wasn't that great of an idea. http://www.nytimes.com/2014/04/24/technology/fcc-new-net-neutrality-rules.html?_r=204/23/2014 - 7:26pm
Andrew EisenIanC - I assume what he's getting at is the fact that once PS3/360 development ceases, there will be no more "For Everything But Wii U" games.04/23/2014 - 5:49pm
Andrew EisenMatthew - Yes, obviously developers will eventually move on from the PS3 and 360 but the phrase will continue to mean exactly what it means.04/23/2014 - 5:45pm
IanCAnd how does that equal his annoying phrase being meaningless?04/23/2014 - 5:09pm
Matthew Wilson@Andrew Eisen the phrase everything but wiiu will be meaningless afer this year becouse devs will drop 360/ps3 support.04/23/2014 - 4:43pm
Andrew EisenFor Everything But... 360? Huh, not many games can claim that title. Only three others that I know of.04/23/2014 - 3:45pm
MaskedPixelantehttp://www.joystiq.com/2014/04/23/another-world-rated-for-current-consoles-handhelds-in-germany/ Another World fulfills legal obligations of being on every gaming system under the sun.04/23/2014 - 12:34pm
Matthew Wilsonhttp://arstechnica.com/gaming/2014/04/steam-gauge-do-strong-reviews-lead-to-stronger-sales-on-steam/?comments=1 Here is another data driven article using sales data from steam to figure out if reviews effect sales. It is stats heavy like the last one.04/23/2014 - 11:33am
Andrew EisenI love RPGs but I didn't much care for Tales of Symphonia. I didn't bother with its sequel.04/23/2014 - 11:21am
InfophileIt had great RPGs because MS wanted to use them to break into Japan. (Which had the side-effect of screwing NA PS3 owners out of Tales of Vesperia. No, I'm not bitter, why do you ask?)04/23/2014 - 10:52am
 

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