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:

NCAC to Honor Brown v. EMA Lawyer Paul M. Smith

November 9, 2011 -

Jenner & Block Partner Paul M. Smith will be honored by the National Coalition Against Censorship (NCAC) at the “Annual Celebration of Free Speech & Its Defenders,” in New York City on November 29, 2011 at Tribeca Three Sixty°. NCAC is a coalition of more than 50 national nonprofit organizations, including civil rights, labor, education, artistic and religious groups dedicated to defending free speech through education and advocacy efforts.

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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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Justice Department Abandons Changes to Freedom of Information Act

November 4, 2011 -

The U.S Justice Department has backed off proposed changes to the Freedom of Information Act after strong public criticism to the changes, and a collective verbal lashing from lawmakers on both sides of the political spectrum. Lawmakers felt that proposed changes gave the DOJ a license to lie to citizens who were looking for information from the government.

At issue was a proposal that gave the agency the ability to say that information "did not exist" if an agency determined that said information was classified in nature.

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U.S. Congress Introduces 'The Stop Online Piracy Act'

October 27, 2011 -

On Wednesday Lawmakers in the United States introduced "The Stop Online Piracy Act," a bill that would give the government the ability to block web sites in the United States and abroad who traffic in counterfeit goods, illegal software, and other copyrighted goods.

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Freedom of Information Act Change Would Give Government License to Lie

October 25, 2011 -

A proposed rule change to the Freedom of Information Act would give federal agencies a special exemption when it comes to certain types of information requests. The change would allow agencies to tell citizens requesting certain law-enforcement or national security documents that records don’t exist – even when they do.

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Why Civilians are Off Limits in Battlefield 3

August 30, 2011 -

Rock, Paper, Shotgun has an interesting article on Battlefield 3 that explains why you can't shoot civilians in the game. Apparently EA decided to make it so that players couldn't just gun down innocents in the game. It's an interesting policy considering that some might consider taking away that option as removing some of the realism that games such as Battlefield 3 and Call of Duty Modern Warfare 3 are promising.

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Bethesda and the Word 'The'

August 30, 2011 -

If you think that the cease and desist letter Bethesda sent Minecraft developer Mojang over plans to use the word "Scrolls" in its next game is ridiculous, then Andrew Eisen's latest video will make a lot of sense. After all, if one company can go after another for "Scrolls" then they can go after anyone for any other seemingly innocuous or common word. Take the word "the," for example...

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Save The Internet Seeks Donations for 'New Best Friends' Video

August 9, 2011 -

Free Press's Save The Internet is looking for your help to place an ad that more than a quarter of a million visitors selected. The video "New Best Friends" received thousands more votes than the nearest runner up, but now that users have chosen it, Free Press needs your help to turn it into a real ad that can air on TV and across the Internet.

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Paul Smith and Gaming the Courts

August 4, 2011 -

Metro weekly profiles Paul Smith, one of the leading Supreme Court litigators in the country, and particularly his noteworthy work on Brown v. EMA. But before tackling that landmark case, Smith has (and still does) fought to advance gay equality in the courts. Smith was a key factor in successfully arguing Lawrence v. Texas before the Supreme Court in 2003, which resulted in ending sodomy laws.

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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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Culture Magazine Highlights Marijuana Usage of Pro Gamers

July 8, 2011 -

While professional video game players don't have the equivalent of performance enhancing drugs such as steroids, pro medical marijuana publication Culture Magazine thinks that many use Marijuana to enhance their abilities prior to tournament play. The publication cites a comment made by Alex Walker, the Australian World Cyber Games tournament director, to game publication GamePlayer.

"I’ve seen a number of players at national tournaments who came in ‘baked’ purely so they could play better," said Alex Walker, the Australian World Cyber Games tournament director, in a recent interview with Gameplayer.

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UK Looks to US for Inspiration in Web Site Blocking Law

July 5, 2011 -

Taking a cue from North American lawmakers, politicians in the United Kingdom are planning on creating laws to deal with supposed illegal streaming of copyrighted content. The warning came from UK Communications Minister Ed Vaizey in a speech at the Intellect Consumer Electronics in London. In that speech Vaizey said that a "voluntary code of practice" being drawn up by US ISPs and content owners might be a "game-changer" in other countries. And by other countries, he means his country.

"If people are streaming live football without permission we should look at ways we can stop them," he said. "People have the right to earn money from content they create."

While he remained silent on what was decided or discussed at last week's meeting between ISPs and content providers to discuss website blocking, he did say that what is going on in the United States is "leading the way."

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Sarkozy: Countries Can Not Be Neutral About Unchecked Internet Use

May 24, 2011 -

French President Nicolas Sarkozy has opened the first e-G8 forum in Paris, with leaders in technology such as Facebook's Mark Zuckerberg, Wikipedia's founder Jimmy Wales, News Corp chief executive Rupert Murdoch, BBC director general Mark Thompson, and Google's Eric Schmidt set to give talks about Internet technology.

But even as the French president is excited to be thoe host of the technology gathering, many critics have said that the gathering is more about control than internet innovation. Attempting to address some of those concerns, Sarkozy said that the Internet enables and fosters the ability to engage in revolution without all the blood and death:

"The global revolution that you incarnate is a peaceful one. It did not emerge on battlefields but on university campuses," he said.

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Google Executive Slams New 'PROTECT IP Act' Bill

May 19, 2011 -

Google's Executive Chairman Eric Schmidt on Wednesday proclaimed the company's strong opposition to new legislation that calls for shutting down access to file-sharing websites that offer allegedly copyrighted material. The new law proposes that the government blacklist these sites, take them offline, and demand that search providers such as Google delist them from their search indexes.

Schmidt argued that laws such as these set a very “disastrous precedent” for destroying free speech all over the world.

"If there is a law that requires DNSs [domain name systems] to do X, and it's passed by both houses of Congress and signed by the president of the United States and we disagree with it, then we would still fight it," Schmidt told reporters at a London conference. "If it's a request, the answer is we wouldn't do it. If it's a discussion, we wouldn't do it."

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Congresswoman Lofgren: Domain Seizures Trample on Due Process

March 14, 2011 -

Silicon Valley Congresswoman Zoe Lofgren (D-CA.) says that seizing web sites and web domains tramples on due process. Speaking at length with Ars Technica, Lofgren takes aim at the administration's efforts to take down web sites that allegedly engage in illegal activity like file-sharing, copyright infringement and counterfeit goods.

Lofgren starts by saying that ICE doesn't have the authority to do what they are doing, that they are trampling on due process because the seizures are almost instant, and that - in some cases - they have violated the first amendment rights of some domain owners. Here is more on that from Lofgren:

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Long-Time Free Press CEO Leaving in Mid-April

March 8, 2011 -

Long-time Free Press CEO and president Josh Silver has left the organization dedicated to free speech to become CEO of the Democracy Fund, a new operating foundation that will "challenge the influence of corporate lobbyists over government policymaking." Silver is expected to part ways with Free Press in mid-April. He will be replaced by the organization’s current Managing Director Craig Aaron. Aaron had plenty of nice things to say about the soon-to-be-departing Silver:

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SCOTUS 'Originalists' and Video Games

January 11, 2011 -

The Atlantic Wire asks the question "What Does the Constitution Say About Video Games?" by pointing to a New York Times article about the Supreme Court's "originalists." These justices, led by Justice Scalia, believe the law "should adhere as closely as possible to the Constitution's text and to the founders' original intentions," according to the Atlantic Wire.

So what does this mean as it relates to new technology the founding fathers could have never imagined like video games?

Here is some of what the New York Times article said about it:

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Teen Op-Ed: California Game Law Should Be Upheld

January 10, 2011 -

Not every teenage boy backs the video game industry when it comes to banning the sale of violent video games to children in California. Take 16-year-old Daniel Willens, a junior at Sonoma Academy -- a preparatory school in Santa Rosa, California, for example.

The teenager penned an editorial in the Press Democrat called "PRO: Minors shouldn't be allowed to buy violent games." Daniel sounds like many of the other supporters of the 2005 law written by California State Senator (D-San Francisco). Daniel opens with the following statement:

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Report: Sonderkommando Revolt Mod Shelved

December 20, 2010 -

Sonderkommando Revolt, the Wolfenstein mod that reimagined an 1944 Jewish uprising against the camp guards at Auschwitz, has been shelved. One of the key developers on the homebrew project, Maxim Genis, said that online criticism about the subject matter, and an abusive response from the internet community have made working on the project too difficult.

"I did a lot of research for the game," said Genis. "I wanted to show the Jews really did fight back against the Nazis. I wanted to honour them. My intentions were pure and pro-Jewish in every way."

In a response to a Kotaku inquiry about the game last week, the Anti-Defamation League had urged Genis to cancel the launch in January, calling it "a crude effort to depict Jewish resistance during this painful period." As we pointed out last week the ADL praised the film Inglorious Basterds for doing basically the same thing.

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C-SPAN SCOTUS Schwarzenegger v. EMA Arguments Audio

December 20, 2010 -

It is one thing to read a transcript of oral arguments in a court case, but to get the full effect, audio or video is the best way to figure out just how convincing each side’s arguments are. C-Span has audio of the oral arguments Schwarzenegger v. Entertainment Merchants available on its web site. The audio features the comments of lawyers for both sides, along with all of the chief justices hearing the case.

The Supreme Court heard arguments in the case of Schwarzenegger v. Entertainment Merchants Association on November 2, in which the state of California challenged a lower court ruling that the law was unconstitutional. Lawyers for the EMA argued that the lower courts made the right decision and explained why the law was flawed.

You can listen to the audio here.


Acting, Kinect and Protected Speech

December 10, 2010 -

Is acting protected speech, and if so, is acting in a video game - especially in the age of motion sensing console devices - protected speech as well? This is the theory thrown out in a thought provoking post called "Is Playing a Video Game Conduct or Speech? Lessons from Microsoft Kinect" over at Law Law Land Blog.

Steven Smith kicks that idea around a bit, comparing the acting kids do in video games to the actions in a school play. The idea begins at GameStop, where Smith is buying a game for his daughter:

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Opinion: Games Don't Deserve Protection

December 7, 2010 -

The Star Press (which describes itself as the "news source for East Central Indiana") writer Jeffrey M.. McCall pens a two-page editorial called "Violent video games not an issue worthy of First Amendment protection," in which he attempts to lay out a case for Schwarzenegger v. EMA.

First, an explanation as to what the author thinks the entertainment industry really wants.. apparently it isn't freedom of expression:

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Research: Negative Comment Threads Are Longer

December 7, 2010 -

..And in other news, the sky is blue. What makes some comment threads longer than others? Bad attitudes and surly comments, apparently. That is the conclusion of a study about online interaction conducted by a team of Slovenian and British researchers .

A group of Slovenian and British researchers used a technique called "sentiment analysis" to identify emotional content in BBC's online discussion forums and digg.com.

The team's special algorithms searched for keywords, emoticons, and "subtle linguistic markers" like misspellings, which were then used to calculate a "happiness score" for each post. The researchers found that longer discussion threads tended to be overwhelmingly emotional and negative than shorter discussions threads. The longer threads tended to begin with negative comments, researchers found.

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Editorial Hopes Law against “Poison” Games Sets Precedent

November 12, 2010 -

An article penned by the Editorial Board of the Oregonian calls violent games “poison to the teen mind,” and cites “a fragmented but growing body of research,” to back its hopes that the California legislation will at least “find footing” in order to “set a promising example.”

The opinion piece states that Schwarzenegger vs EMA is not exclusively about free speech, since the law does not seek an outright ban on violent games.

The California law, according to the Oregonian, would “simply prevent the neighborhood video store clerk from deciding to sell ‘Postal 2’ to a 14-year-old.”

The editorial continued, stating:

Should the Industry Embrace or Reject Limbaugh as Game Backer

November 10, 2010 -

Rush Limbaugh recently defended videogames after a caller to his talk show brought up the subject of Schwarzenegger vs. EMA, but is Limbaugh someone that the game industry even wants on its side?

Limbaugh used the case to rail against an over abundance of government and liberalism, asking the caller to “Join me when the government gets involved in all these other behavioral and speech things that they try to tell you and control us we can't do.” He added that he was “glad” that the case was taking place, as it would push these topics (over-governing and liberalism) into the mainstream, alerting people “to what’s happening throughout society.”

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Word Cloud Illustrates Most Used Terms in SCOTUS Arguments

November 4, 2010 -

Combine relatively new technology with the transcripts from Tuesday’s oral arguments at the Supreme Court for Schwarzenegger vs. EMA and what do you get? A rather interesting word cloud that visually illustrates the most commonly used words throughout the proceedings.

Fast Company analyzed the transcripts and infered by the prominence of words like "obscenity," "know," "whether," and "think" in the cloud that the matter is ultimately philosophical.

Indeed, in looking at the cloud, it is fascinating that the word “think” is represented in larger type than “know.”

Fast Company offered:

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Limbaugh Backs Videogame Side in Schwarzenegger vs. EMA

November 1, 2010 -

Believe it or not conservative radio host Rush Limbaugh recently came to the defense of videogames during a recent call to his radio show (thanks Kotaku!).

21-year old caller Cory from Waterville, Ohio posed the question to Limbaugh, asking if Schwarzenegger vs. EMA was a “relevant thing that the Supreme Court should ever be even considering.”

Limbaugh, in answering said that since he was 21 years old, he has “been concerned about the infringements on free speech that come from Democrat regimes and courts because I'm in the free speech business.”

Saying that he was "glad" that the case was happening, Limbaugh continued:

31 comments | Read more

Game Developer Argues for Free Speech in Post Editorial

November 1, 2010 -

Game developer Daniel Greenberg (pictured) has authored a Washington Post opinion piece in which he argues that the Supreme Court should rule that videogames are free speech when it eventually rules on Schwarzenegger vs. EMA.

As a game developer, Greenberg called himself “disheartened and a little perplexed” at seeing games compared to cigarettes and alcohol by California State Senator Leland Yee, and he wondered “how government bureaucrats are supposed to divine the artistic value that a video game has for a 17-year-old.”

In describing newer games such as BioShock, Fable 2 and Fallout 3, Greenberg wrote:

PAX 2010 Entertainment Consumers Association Panel

September 7, 2010 -

During PAX in Seattle, Wa. last week Entertainment Consumer Association President Hal Halpin sat down with G4TV's Adam Sessler for an hour to discuss a number of topics such as the ramifications of the upcoming Supreme Court case in November, why it is important that everyone sign the ECA's petition and the general state of the game industry.

If you haven't fully grasped how serious the upcoming Supreme Court hearing is and what ramifications it could have on the game industry and gamers, you should watch this video on G4TV.com and find out, because it's pretty scary.

[Game Politics is a publication of the ECA.]

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Should 'Hatred' have been removed from Steam Greenlight?:

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PHX Corp@Adam802 We'll break out the popcorn in June12/19/2014 - 9:23pm
ZippyDSMleeMaskedPixelante: I'm itching to start it too but I will wait till the patch goes live. >>12/19/2014 - 7:52pm
Adam802Leland Yee and Jackson get trial date: http://sfbay.ca/2014/12/18/leland-yee-keith-jackson-get-trial-date/12/19/2014 - 5:24pm
MaskedPixelanteNevermind. Turns out when they said "the patch is now live", they meant "it's still in beta".12/19/2014 - 5:07pm
MaskedPixelanteSo I bought Dark Souls PC, and it's forcing me to log into GFWL. Did I miss something?12/19/2014 - 5:00pm
Matthew Wilsonhttp://arstechnica.com/tech-policy/2014/12/republicans-may-have-plan-to-save-internet-providers-from-utility-rules/ this is intreasting. congress may put net nutrality in to law to avoid title 2 classification12/19/2014 - 2:45pm
Matthew Wilsonhttp://www.polygon.com/2014/12/19/7421953/bullshit-cards-against-humanity-donated-250k-sunlight-foundation I have to admit I like the choice o organization. congrats to CAH.12/19/2014 - 1:51pm
E. Zachary KnightIf you are downloading a copy in order to bypass the DRM, then you are legally in the wrong. Ethically, if you bought the game, it doesn't matter where you download it in the future.12/19/2014 - 12:06pm
InfophileEZK: Certainly better that way, though not foolproof. Makes me think though: does it count as piracy if you download a game you already paid for, just not from the place you paid for it at? Ethically, I'd say no, but legally, probably yes.12/19/2014 - 11:20am
ZippyDSMleeAnd I still spent 200$ in the last month on steam/GOG stuff sales get me nearly every time ><12/19/2014 - 10:55am
ZippyDSMleeMaskedPixelante:And this is why I'm a one legged bandit.12/19/2014 - 10:51am
ZippyDSMleeE. Zachary Knight: I buy what I can as long as I can get cracks for it...then again it I could have gotton Lords of the Fallen for 30 with DLC I would have ><12/19/2014 - 10:50am
MaskedPixelantehttp://www.joystiq.com/2014/12/19/marvel-vs-capcom-origins-leaving-online-storefronts-soon/ Speaking of "last chance to buy", Marvel vs. Capcom Origins is getting delisted from all major storefronts. Behold the wonders of the all digital future.12/19/2014 - 9:59am
MaskedPixelanteSeriously, the so-called "Last Chance" sale was up to 80% off, while this one time only return sale goes for a flat 85% off with a 90% off upgrade if you buy the whole catalogue.12/19/2014 - 9:37am
E. Zachary KnightInfophile, Tha is why I buy only DRM-free games.12/19/2014 - 9:37am
MaskedPixelanteNordic is back on GOG for one weekend only. And at 85% off no less, which is kind of a slap in the face to people who paid more during the "NORDIC IS LEAVING FOREVER BUY NOW OR FOREVER HOLD YOUR PEACE" sale, but whatever...12/19/2014 - 9:28am
InfophileRe PHX's link: This is one of the reasons the digital revolution isn't all it's cracked up to be. There's also the flip side where Sony can block access to games you've bought if they ban your account for unrelated reasons. All power is theirs.12/19/2014 - 8:52am
MaskedPixelantehttp://uplay.ubi.com/#!/en-US/events/uplay-15-days You can win FREE GAMES FOR A YEAR! Unfortunately, they're Ubisoft games.12/18/2014 - 6:29pm
Papa MidnightAh, so it was downtime. I've been seeing post appear in my RSS feed, but I was unable to access GamePolitics today across several ISPs.12/18/2014 - 6:06pm
james_fudgeSorry for the downtime today, folks.12/18/2014 - 5:54pm
 

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