An story on BoingBoing cites a British Labour Government source that such a move may be underway.

The article, noticed by GPer DarkSaber, reports that changes could be introduced to the Digital Economy Bill, which would enable the Secretary of State to introduce legislation without debate in order to amend the Copyright, Designs and Patents Act and to introduce a Pirate-Finder General.

Current Secretary of State Peter Mandelson's is behind the proposal, which would feature the following measures:

1. The Secretary of State would get the power to create new remedies for online infringements.

2. The Secretary of State would get the power to create procedures to "confer rights" for the purposes of protecting rightsholders from online infringement.

3. The Secretary of State would get the power to "impose such duties, powers or functions on any person as may be specified in connection with facilitating online infringement."

The Electronic Freedom Foundation (EFF) was equally alarmed at the news and has introduced a form of action that urges UK citizens to call their MP.

The EFF labels the ability to to introduce legislation without debate “dangerous,” adding “This bill would grant the Secretary of State sweeping powers to mess with the very fundamentals of the UK copyright system law, ignoring the voices of UK citizens to meet the needs of one set of interest holders.”

The EFF further notes that Mandelson may also target “Cyberlocker” services like Amazon’s S3, Dropbox and YouSendIt, which allow users to swap and share large files.

A law firm that specializes in consumer class action lawsuits is probing the recent purging of Xbox Live accounts in what may be a setup for future litigation.

Inc Gamers noticed that AbingtonIP currently has a form on its website asking those affected by the ban—and who were not refunded a prorated sum for their time remaining on Xbox Live—to send in pertinent information. The law firm writes, “Microsoft has chosen to use one of the most indiscriminate 'weapons' in its arsenal in an effort to combat piracy -- as a result, use of this 'weapon' has resulted in a great deal of collateral damage -- many people were affected who had nothing to do with piracy.”

AbingtonIP calls the timing of the widespread ban “convenient,” in light of the pending, post-ban release of Call of Duty: Modern Warfare 2 and thinks the ban may have resulted in a boost to Xbox Live subscription revenues. If the ban had been enacted before the release of MW2 and Halo 3: ODST, the law firm supposes that sales of both games would likely have been “greatly diminished.”

A few details regarding Britain’s Digital Economy Bill were touched on this morning as part of the Queen’s Speech to Parliament, in which the monarch outlines the coming legislative agenda.

Among the forthcoming actions will be a mandatory age rating on all videogames aimed at children ages 12 and above, reports the Guardian. The Bill calls for the adoption of the Pan-European Game Information (PEGI) system as the method of classifying games in the UK, replacing the current practice of using both PEGI and British Board of Film Classification (BBFC) ratings.

The Digital Economy Bill would also tackle piracy, proposing a tough policy much like France’s three-strike Hadopi Law. Those caught committing piracy will receive a warning letter, followed by a second, more stern letter that will caution the user that “technical measures” could be implemented in order to stop them from stealing files.

Failing the second warning, a pirate would be placed on a “serious infringers list” which would allow ISPs to disconnect them from the Internet. Those about to be disconnected will have 20 days to appeal their case before an independent body. They will also be able to appeal the case if they lose, again within 20 days. The Guardian has a flow chart that illustrates the full process (PDF).

First Secretary Lord Mandelson does not expect widespread disconnections as a result of the pending legislation:

Technical measures will be a last resort and I have no expectation of mass suspensions resulting. The British government's view is that taking people's work without due payment is wrong and that, as an economy based on creativity, we cannot sit back and do nothing as this happens.

The government hopes to cut piracy by 70% before April 2011.

The Open Rights Group believes the proposed disconnect laws to be illegal, adding that “Evidence cannot show who may have infringed copyright, only what connection was used.” They urge people to contact their MP to oppose “these draconian proposals.”

The Entertainment and Leisure Software Publishers Association (ELSPA) applauded the outline of the Bill, stating:

ELSPA believes the proposed UK adoption of the Pan-European Games Information (PEGI) classification system to be an important step in ensuring child safety when gaming. The video games industry offers its full support to the Government in this.

On the other side of the fence, while noting that the Digital Britain report was announced with “grand ambition,” the Guardian calls the Digital Economy Bill “more plumbing than poetry, in many places little more than a series of disconnected tweaks to existing legislation.”

Microsoft has once again taken out its ban stick, this time in an effort to prevent modified Xbox 360s from accessing Xbox Live.

A story on GamesIndustry.biz estimates the total number of banned accounts at around 600,000. Total Xbox Live accounts number over 20 million. Modded console owners will still be able to use their 360s offline.

The BBC (thanks beemoh) has reaction from one of the banned gamers, a 25-year old gamer dubbed “Raz.” Raz had his 360 modded in the back of a shop for £75 (approximately $125.00 U.S.). He estimated that the ability to pirate and copy games “saved” him about £600 (approximately $993.00 U.S.) and that he copied 30 or 40 games in all.

Ironically, Raz then had the temerity to complain about the high price of games:

I still think they should lower the prices. There are 16-year-old kids out there, they don't earn money so they go screaming to their parents saying, 'Can you buy me this game?

So Raz, are you going to buy another Xbox?

To be honest, I've contemplated whether to move to PlayStation 3 or buy another Xbox. I wouldn't do it again [chip the 360] but I really don't know if I'm going to get the Xbox again now."

It's always fun reading the Xbox Forums after such a widespread ban.

A UK man found guilty in 2008 of installing mod chips into Xbox, PlayStation, PlayStation 2 and GameCube consoles has seen an appeal of his conviction denied.

Christopher Paul Gilham sold the hacked consoles, which enabled users to play counterfeit games, from October 2003 through January 2006.

The appeal focused on the issue of “whether the playing of a counterfeit DVD involves substantial copying of a copyright work.” Following some discourse on the term “substantial,” the Court wrote:

The various drawings that result in the images shown on the television screen or monitor are themselves artistic works protected by copyright. The images shown on the screen are copies, and substantial copies, of those works. If the game is the well-known Tomb Raider, for example, the screen displays Lara Croft, a recognisable character who has been created by the labour and skill of the original artist.

The Court concluded that:

It is not necessary in future to show that a substantial copy of the game is made in Random Access Memory (RAM), all that needs to be shown is that some copyright work contained within the videogame is substantially copied e.g. the image of a game character.

The Entertainment and Leisure Publishers Association (ELSPA) applauded the decision, saying that it welcomed the copyright clarification.

ELSPA Director General Michael Rawlinson added:

Protecting intellectual property (IP) theft is an important issue for the country’s videogames industry. This judgment strengthens copyright law and will be a significant step in helping us protect the industry.

Text from the full judgment can be viewed here.

The Entertainment Software Association (ESA) and the Entertainment Software Association Canada (ESAC) have issued public kudos to the Royal Canadian Mounted Police (RCMP) and York Police for the pair’s latest efforts against the sale of pirated and counterfeit goods at the Pacific Mall in Markham, Ontario.

Raids on October 29, 2009 followed a two-month investigation into illegal activities at two retail outlets in the mall and resulted in the seizure of two autos and the home of one of the store owners. Manufacturing equipment used to make the counterfeit items was also seized, in addition to nine firearms. Three people were ultimately arrested.

Danielle Parr, Executive Director of the ESAC, commented:

Game piracy is a serious problem that costs the entertainment software industry millions of dollars each year. Law enforcement raids against notorious pirate retailers like those in Pacific Mall send a clear message that trafficking in pirated game products is illegal and will not be tolerated.

The Pacific Mall is indeed “notorious,” having been raided a host of times over the years. The RCMP seized over $800,000 worth of counterfeit DVDs in 2005 and over 49,000 counterfeit DVDs earlier this year.

In light of France officially approving a tough, three-strike law against illegal downloaders, the European Parliament has exorcised an amendment to its Telecoms Package that would have made it more difficult to disconnect pirates from the Internet.

France’s “Hadopi” law was passed last week following a revision which added a provision that a judge must approve disconnecting a user from the Web. A first offense will result in an email, while a second infringement will result in a letter being sent to the person who illegally downloaded material. A third strike would result in disconnection, now subject to a judge’s ruling.

Amendment 138 to the EU Telecoms Package was dropped, meaning that “individual countries would be able to ask internet service providers to remove users deemed to be persistent pirates without needing a prior court order,” writes the BBC, which believes that this is a lead up to the UK introducing its own disconnection policy for pirates next month.

Forrester analyst Mark Mulligan thinks that any legislation is too slow to do much to affect pirates, “Technology just moves quicker. Already we are seeing around 20 different alternatives to peer-to-peer piracy.”


|Thanks Hreinn, Image via DeviantArt|

Capcom has joined Nintendo and 53 other game publishers in a lawsuit against the makers of the R4 flash cartridge for the Nintendo DS. The reason for the suit is that the R4 can be used to store copies of pirated DS games.

The action is going after four specific makers of the R4 under Japan's Unfair Competition Prevention Act. Nintendo went to court last year against R4 distributors resulting in an injunction from a Tokyo court, but a statement from Capcom said the injunction has had little effect.

Also from the Capcom statement:

We are expecting the entire society including users to recognize that our company and other software manufactures have extremely sustained damages from proliferation of illegal instruments, such as the Game Copying Devices, and the computer industries have sustained serious damages because of those vendors, and we expect to influence the society to eliminate such illegal instruments from the market.

We wish the publishers luck, but don't expect to see any decline in piracy with a win.

French President Nicolas Sarkozy, a backer of tough new piracy laws in that country, comes off as a bit of a hypocrite after being accused of a pair of copyright infringements.

Sarkozy’s “Hadopi” law was passed just last month and features a three-strike policy for illegal down loaders. Unfortunately it would appear that Sarkozy is already down to his last strike, as he has been accused of two misuses—making 400 unauthorized copies of a DVD and copyright infringement related to his use of an MGMT song at a political rally.

The MGMT song misuse cost Sarkozy 30,000 Euros (approximately $44,112 U.S.). More galling may be the fact that the publisher of the DVD allegedly copied by Sarkozy only created 50 copies itself.


Via Boing Boing

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.

The third time was the charm for French President Nicolas Sarkozy, as the French parliament has passed a law targeting Internet pirates in that European country.

Dubbed the “Hadopi” law, for the government agency that will monitor the Internet for piracy, the law will warn suspected pirates twice, first by email, then by physical delivery, before giving a judge the right to cut Internet access and issue fines and/or prison terms.

According to The Mail Online, the law is expected to begin being enforced before the end of the year.

In a battle of French celebrities, French First Lady Carla Bruni is apparently a proponent of the law, while sultry French actress Catherine Deneuve was against the law, even going so far as to issue the comment:

This law will punish the average amateur user, while the 'nerds' will find ways around it

Video game publishers group ESA has released its annual report for the 2009 fiscal year, which concluded at the end of March.

As noted by Venture Beat,

The ESA fought 43 bills aimed at regulating content or controlling access to video games and none became law... Meanwhile, five states enacted tax incentives for the creation of game development jobs. Another 17 states are considering enacting the incentives.

The group said that it will be hard to get the attention of the federal government and Congress, which is preoccupied with issues such as climate change and healthcare. The ESA wants more done to stop piracy of games...

The Associated Press reports that the Entertainment Software Association, which represents the interests of U.S. video game publishers, spent $1.2 million on government lobbying efforts during the period April-June, 2009.

Looking beneath the surface, GamePolitics has obtained an actual copy of the ESA's latest federal lobbying report. The document shows that Big Gaming has its fingers in a surprising number of legislative and governmental pies. The following are issues which the ESA reports that it lobbied on in Q2:

• Media regulation
• First Amendment protection
• Entertainment industry ratings
• Parental control technology
• Content/video game sale regulation
• Retailer enforcement of ratings
• Piracy
• Copyright Act (believed to be the DMCA)
• Anti-circumvention
• Patent modernization
• Intellectual property enforcement
• Customs reauthorization
• PRO-IP Act appropriations
• Dept. of Justice appropriations
• Dept. of State reauthorization
• Free Trade Agreements
• Special 301 Designated Countries
• Trade Policy Reform
• Domestic regulatory & administrative issues
• Trade enforcement
• Doha Round Proceedings (trade talks)
• Trade Promotion Authority
• Internet Governance
• Virtual worlds
• Online gaming
• Highly skilled workforce
• H1-B visas
• Green cards
• Immigration reform
• ISP management
• Copyright Enforcement
• Broadband deployment
• Broadband policy
• Consumer Product Safety Improvement Act implementation

Agencies lobbied by the ESA include some surprising entities. Here's the list:

• U.S. House of Representatives
• U.S. Senate
• Federal Communications Commission
• Federal Trade Commission
• National Telecommunications & Information Administration
• U.S. Copyright Office
• U.S. Customs & Border Protection
• U.S. Trade Representative
• Department of Commerce
• Department of Homeland Security
• Department of Justice
• Patent & Trademark Office
• FBI
• National Security Council

DOCUMENT DUMP: Grab your own copy of the ESA's lobbying report... (9-page PDF)

Anti-piracy marketing campaigns are sometimes creepy (such as this video which suggests that your mom will be manhandled by the police if you engage in file sharing).

But the Business Software Alliance, which primarily watches out for abuse of productivity-ware, has come up with an antipiracy ad that is actually fun to watch. The parody of Dateline's "To Catch a Predator" series features a would-be pirate humorously caught in a sting. BSA exec Peter Beruk commented on the video:

It uses comedy to convey what is a serious message. It’s experimental.

Via: Wired's Threat Level

A new plan being prepared by the British government would see drastic action implemented against individual file sharers, reports the Irish Independent.

Business Secretary Lord Mandelson (left) will call for a new law that would allow Internet access restrictions as well as fines of up to £50,000 for those found engaging in P2P.

However, former minister for digital engagement Tom Watson has criticized the plan:

Not only do the sanctions ultimately risk criminalising a large proportion of UK citizens, but they also attach an unbearable regulatory burden on an emerging technology that has the power to transform society, with no guarantees at the end that our artists and our culture will get any richer.

Working on the safe assumptions that (a) people like downloading music from the internet, and (b) most people would prefer not to break the law, we should aim to map a way forward for businesses to take financial advantage of the digital market.

The digital era has permanently altered the way media is controlled and distributed, resulting in a relationship between rights holders and the public that is often contentious. Against that backdrop, so-called Pirate Parties have sprung up recently on the European political scene.

Andrew Robinson, who heads the UK Pirate Party, spoke to PC Pro about his organization, its vision, and why the party's name is a problem:

There's approximately 7 million file sharers in this country - you're branding a huge percentage of this population criminals for doing something that doesn't have any proven implications. It's a ridiculous state of affairs... People who copy a movie are lumped in with people who steal cars.

 

Our copyright law is horribly outdated and its skewed one way because all the lobbying is on the side of big businesses...

Competing with the Conservatives while wearing an eye patch isn't going to do us any favours. We've had the [Pirate Party] name foisted on us by the Swedish party, but it's difficult. We need to point out that we're saying very sensible things, while the industry lobby is labelling us as pirates... We're trying to have a proper debate and when people actually listen to what we've got to say they'll realise we're being serious...

New anti-piracy regulations implemented by the Swedish government triggered a 30% drop in web traffic on the day they came into effect, reports AFP.

Some Swedish experts maintain that illegal downloading accounts for 50-75% of all web traffic and the slump indicates that would-be file-sharers were deterred by the tougher laws, which became effective on April 1st.

Under the new regulations, copyright holders may forces ISPs to give up user data on file-sharers. This information could then form the basis for legal action against individual Swedes.

Swedish Games Industry Association spokesman Per Stroemback praised the new law:

[It is] a historic example of effective legislation... No one could predict such a dramatic decrease in illegal traffic and not only that there's also been a huge increase in the legal [download] services.

However, Christian Engstroem (left), who serves as deputy leader of Sweden's Pirate Party as well as a member of the European Parliament, argued that Internet users will be unjustly punished by the new regulations:

This is a completely unequal law, where ordinary people will become scapegoats and will be asked for hundreds of thousands or millions of (Swedish) crowns by the industry. I don't think it will be efficient in the long run. I believe the traffic is going to climb up again after some months.

-Doug Buffone, ECA Intern

Given the recent history of consumer-unfriendly DRM fiascos surrounding Spore and other high-profile PC titles, it's refreshing to hear from a vendor of copy protection software who is actively seeking gamer input.

While we will confess to knowing very little about a DRM product called Byteshield, we note that CEO Jan Samzelius posted in the GamePolitics/ECA forums last night:

We pride ourselves on listening to gamers and try to configure our solution accordingly... We are trying to convince game publishers and developers to put gamers first and organize everything else around it. I want to hear from everybody about what you do not like and then see if you like what our solution does.

Byteshield appears to have received positive reviews from the anti-DRM crowd at The Prism.

GP: This is certainly not an endorsement of Byteshield as I haven't tested it myself. But as a game consumer, I'm always pleased when company execs keep gamers in mind.

A 27-year-old college student arrested yesterday by federal agents is charged with modding video game consoles.

Matthew Lloyd Crippen, who attends Cal State Fullerton, was charged with tweaking systems from Nintendo, Sony and Microsoft. The arrest was made by agents of the U.S. Department of Immigration and Customs Enforcement (ICE), reports NBC Los Angeles.

Modifying consoles to circumvent video game copyright protection measures is a federal offense under the Digital Millenium Copyright Act. The investigation into Crippen's activities came following a complaint by the Entertainment Software Association; the trade group lobbies on behalf of U.S. video game publishers.

Special Agent in Charge Robert Schoch, who heads the ICE office in L.A. commented on the bust:

Playing with games in this way is not a game -- it is criminal. Piracy, counterfeiting and other intellectual property rights violations not only cost U.S. businesses jobs and billions of dollars a year in lost revenue, they can also pose significant health and safety risks to consumers.

Michael Rawlinson (left), who heads British game publishers group ELSPA, details his organization's new - and apparently successful - approach to dealing with the U.K.'s government bureaucracy in a guest column for MCVUK.

Despite some difficult recent years in which most of the political dialogue on video games in the U.K. involved criticism of game violence, the British game biz has scored some big wins of late. Most notable among these was the government's recent adoption of the PEGI content rating system favored by the industry.

At its core, ELSPA's strategy seems to involve working both harder and smarter. Rawlinson writes:

PEGI’s ascent to becoming the sole ratings system for games was a momentous achievement for the industry – and just goes to show how we can really get the Government’s attention when we get our approach right.

 

We’ve deliberately become more professional in terms of our dealings with Government. We’re strategically planning what we do – we don’t just bowl up to meetings, answer questions then leave.

We not only had to convince Government... we also took our arguments much wider, taking in the whole of Westminster, as well as the devolved parliament in Scotland and the regional assembly in Wales as well as the European parliament. Retailers, children’s charities and more were also covered. All of these groups had different needs we had to meet...