October 4, 2007 -
Yesterday, GamePolitics reported on the ESA's disturbing plan to implement its anti-piracy curriculum in kindergarten and elementary schools.
Cnet is now reporting that ESA president Michael Gallagher has come out strongly in favor of the controversial Digital Millenium Copyright Act (DMCA).
No surprise there, as the DMCA is heavily weighted in favor of content providers. In fact, Gallagher called for other countries to sign on:
The problem is, "very few countries follow the path of the DMCA," Gallagher said at an antipiracy summit [in Washington, D.C] hosted by the U.S. Chamber of Commerce. "It's very important (that) we see that extended."
Gallagher went on to declare the United States the "beacon of intellectual property protection in the world."
Comments
We have the ECA. They are the ones in the consumer's corner.
E. Zachary Knight
Divine Knight Gaming
OK Game Devs
Random Tower
But what the DMCA did to fair use, and my ability to make a simple backup of media that I have purchased, makes me firmly believe that anyone who supports the DMCA should have their head amputated.
Copyright can be protected without infringing on the rights of consumers, too bad that point is lost on the Entertainment Software Assholes.
The DMCA is more than just "Intellectual property protection".
It is extremely rife for abuse and has been used as such.
Shame on Mr. Gallagher.
of course the ESA is for it, given that the ESA doesn't particularly care about user rights, just the bottom line.
Not that it matters what he does or says or supports, since consumers have all the power needed to bypass any of their methods, and the future isn't about to just wait and let their solutions start catching up. And we'll see how long it takes before they raid the wrong people and start getting pressure from groups that can really give them a wake-up slap.
http://www.youtube.com/watch?v=-Xfqkdh5Js4
Don't copy that floppy!
A pox on you Mr. Gallagher for supporting corporation's greed above consumers needs.
My girlfriend is a kindergarten teacher at a local school. When I told her what the ESA/DMCA's plans were, without any inflection or bias in my voice, she had two main points:
1. Children of the age the ESA/DMCA are targeting do not understand the concept of software/music piracy, and stealing time away from her normal education curriculum is a waste of time. They are just beginning to understand right and wrong, and it's hard enough to teach one kid why it's wrong to hit another kid over the head with the toy truck.
2. (this is my favorite point) Software piracy is not hurting or killing people. At least D.A.R.E., which some argue the credibility and usefulness of, talks about substances which can harm yourself and others. She would not mind as much if people were coming into the school to talk about video game violence and content.
Before I could get a word out of my mouth about the last statement, she said that the lecture on entertainment content would not be damning, but just clarifying in their young minds that what happens in games and on TV is not real, and the behavior should not be replicated.
In her opinion, the only people who are "harmed" by software piracy are the companies that already make millions and billions of dollars a year. (I'll leave out her rant regarding bringing power to the people)
During recess and school lock-ins, she always tells me how her kids want to play Power Rangers, or play on their DS(s). She spends a lot of her time not only educating them about their numbers and letters, she constantly helps them understand right from wrong, how to share, and that what they play on game systems and see on TV is not real, and therefore should not be emulated.
I love my girlfriend very much.
Like myself, she believes children should consume play age appropriate electronic entertainment (video games and TV). More than once she has talked to parents about what games they have bought for their children. Some have even asked her about ESRB ratings and what her boyfriend plays, just to get a better understanding of what their children are doing.
Some times being a teacher means more than just teaching letters and numbers. I'm proud of my girl for what she does every day.
actually, i think this 'government' that i have to live under each day has gone way beyond infection. i think its already reached plague status. -.-
What country are you writing from, friend?
I realize the Digital Millenium Copyright Act is indeed within the hands of government officials. The purpose of my statement, which I stand by, that the origin of the act comes from the media companies. It is my strong opinion that their lobbying and complaints are what drew up the attention from government officials, hence leading to the drafting of the DMCA.
They do. It's an implementation of WTO rules.
@GameDevMich:
The government can repeal it. Law = government idea, and if it's corporate generated, that's worse because it means they're up for sale. I agree with Nebslox, and I'm a US citizen.
Thankfully, most other countries have NOT made their own DMCA laws, yet. However, business entities, including the video game industry, are hell bent on trying to make sure this happens, and they are in it for the long haul.
"...that's worse because it means they're up for sale."
Despite being a realist who sees the evil and hate found all over the world, I still love my country. This does not mean I am supportive of many government actions and processes. After all, even though our country was founded by rich, land owning, white men, this country came to existence from chaos and rebellion. I for one believe the Private Sector should not exist, and that the government is indeed up for sale. The DMCA, in my opinion, proves this.
However, I ask you this: What are you doing to "rebel" against the problems that have "turned this country into an infectious plague."
It sucks that the ESA supports this crap legislation.
If they really want to protect their IP, they should just leave the law at prosicuting the actual act of piracy and not prosicuting anything that looks like it could be used as piracy.
E. Zachary Knight
Divine Knight Gaming
OK Game Devs
Random Tower
I agree totally. People complain about the government but then don't do anything about it.
Joining the ECA and registering to vote are the best ways to start getting involved in the "rebelion".
E. Zachary Knight
Divine Knight Gaming
OK Game Devs
Random Tower
Yeah, because other countries actually like seeing creativity flourishing. The DMCA does nothing but stifle creativity.
*"...because A FEW other countries actually like seeing creativity..."
*Note - Check out Austrlia, Germany and the UK. =)
Your girlfriend sounds awesome, she sounds like someone who actually understands what is "good for the children".
No, *really* good for them, not *politician* good for them!
...does she have a sister? /whistle
^_~
The DMCA has been used to attempt to stifle criticism, threaten people, and protect things that aren't even owned by the person claiming ownership.
If I buy a car, Ford cannot tell me what I can and cannot do to that car after the fact. They have full rights to refuse to offer warranty if I take it apart and rebuild it, but other than that their rights end when they accept my money.
So why the hell does Sony get to tell me how to enjoy the music I buy from them? As long as I don't hand a copy to someone else who didn't pay for it, their rights end when they accept my money.
Or try their cotact page, but don't hold you breath - they rep big buck game companies, not us peons.
http://www.theesa.com/contact/index.php
If the DMCA is one of the biggest mistake ever made in the US, it must mean it's pretty damn bad indeed...
I can understand the ESA trying to control their copyrights, but there's a breaking point customers don't want to cross, like paying 30$ for a crappy movie, 20$ for an horrible CD and 60+$ on a video game that will last 6 hours and will be just another GTA clone.
But sadly, the ECA and other organizations like that can't really do shit. Money is not in their corner.
Anyway, that DMCA thing is as bad as the PATRIOT ACT. Gallagher (and the Clintions as well) will never get a single sign of respect from me ever.....
DAMN THE COPYRIGHT PATRIOTS!
That said, I believe the DMCA has done more to stifle technological innovation than any other law in the past ten years. Any consumer should be fighting tooth an nail to prevent it from being extended. We certainly aren't the only country with a law like it, since it was our implementation on an international agreement. It may very well be the most flawed version created to date though.
Regulation was once ment to help compnies and people live a better life but now we have Neo Regulation and much like the neo parties its meant to stifle and stagnant industries and create government sanctioned monopolies, with lobbisim in full swing we can never protect the people from the rich and corporations.
So thank you for supporting the status quo I'll name my modded PS2(to play the international version of FF12 the one with the real class system) after the ESA!
Don't you mean a grave of consumer rights?
Try working for 4 years on a video game only to watch a bunch of self righteous pricks take your work and distribute it to everyone for free, all the time hurling abuse at you for making a popular game.
grow up assholes
as usual a bunch of ignorant thieves rant on about they will ’stick it to the man’ and how ‘teh mafiaaaa are teh evil’ from mos basement.
Try working for 4 years on a video game only to watch a bunch of self righteous pricks take your work and distribute it to everyone for free, all the time hurling abuse at you for making a popular game.
grow up assholes
Way to straw man there buddy.
I bought every game I play. I bought every movie I watch. I bought all music I've got in my house.
Where the DMCA gets my gonads is that if I want to hack a game to create new content or a new level, or listen to my music on my computer instead of my CD player, or skip those f'ing annoying "stop stealing you jerk!" ads in a movie, I have to resort to apparently illegal means.
IP protection is one thing. Pretending that keeping me from editing a game file is necessary to protect your IP, is another.
Try making a game that's of high enough quality that it will sell more than it costs. Or distribute it over a method that is more secure.. use digital distribution methods. Have an online validation instead of DVD protections(see: Settlers 6 as an example. Version 1.1 update ditched the DVD check, in favor of online activation, to prevent the creation of "legit" cracks, in order to prevent the majority of piracy). Or use something like Steam, which makes games rather difficult to pirate, by nature.
The more you rely on moving solid copy, and using that solid copy to make sure people can't use it on another machine, the more people will want to tell you to back off.
But, ultimately, the best theft-deterrent in the game industry, is quality. Just because then, you get a much smaller portion of users stealing the product, compared to those who are actually paying for it.
So stop trying to be some sort of self-righteous asshole, who thinks that every moment of your life is worth a dime. If a million copies are pirated but only half that is sold, it's because more people are getting it for something to do, than because it's actually worth paying for.
Last 2 PC games I've paid for, were Oblivion, and now The Orange Box.
And yes, I've already played and passed HL2 and HL2:E1. And yes, I now own my own, legit copies. And yes, they were worth the price, now that I had the money for it.
So, what game did you work on, that was so frequently "stolen?" Or are you just trying to bullshit and fight from the side of the billion-dollar industry?
DMCA MUST DIE!!
It's an abomination of law that should be repealed and barred from ever being brought back.
The Dmca is the most anti competition, anti creative, anti user law ever made and I hope the EFF gets it destoryed.
Thats all I got to say for it'
I don't think anyone here is advocating piracy. What they don't like is being told what to do with the games they have rightfully and legally aquired.
I agree that people who copy and distribute digital media should be prosicuted. What I don't agree with is game companies telling me that I can only install the game twice. Or movie and music companies telling me that I cannot copy all my movies and music to my hard drive for easier viewing.
So stop jumping to the conclusion that we are for piracy when what we say is that we against the DMCA.
E. Zachary Knight
Divine Knight Gaming
OK Game Devs
Random Tower
Oh ya..nothing like a unfinihsed unpolished 60% game thats needs 10 more months of work on it to say hey we care.................
I am sorry but the industry makes a good bit of the bed it lies on, you cant have it both ways you are pushing a product so hard sometimes it winds up in the abrgin bin in a a month after launch discounted to 19.99.
And the digital side of things is just as bad lets look at the WII's VC the prices are 50% more than what they should be, as long as sever costs are figured into the price anythign made off that is profit,by selling in volume you make more profit,but heres the thing the VC is not even equal to emulation that lets you play with frame rates,save states and re config control to however you want it, so they are charging 2 or 3 times the "real" cost of things to shovel lifeless ports onto a new generation, sorry but I no longer drink the cool aid and buy unfun games for 3X the cost of what they should be, I managed tog et Bioshock for the PC for 34$ new and holy fck its a let down mabye the lack of details and watering down of gamplay is enough to make some shell out 60$ for it but add the bugs and broken mouse and I wonder why am I playing this sht anymore.
If you want to start making a profit then start putting more effort into it,and goes to reason that the mroe complex games are the more time it takes to make them...well pubs hate wasting time on lil things called detail,polish and finishing work,devs can also get pubs to use fair minded DRM that dose not intrude on the rights of the user,I can handle online activation if its shut off in a few months I can handle CD/DVD checks, I can't handle undocumented DRM or hidden changes to my OS or tracking and snooping by malicious DRM.
Also until they make recording from the radio,TV and creating a backup a crime you can not prevent the free trade of mod chips because it allows people to carry out their FAIR USE RIGHTS.
As things switch to digital they will be locked and things you could record freely the indutry will try and force you pay
Sat Radio(recording is bbaadddd)
TV(HDCP will cripple what you can record off the air)
DVR(Digital feds are starting to get crippled,IE pay to record)
So tell me that protecting media from the populace is somehow goign to make things better,as a dev you should know they hire and fire people all the time only the top 30% of devs keep their jobs the rest get shuffled around as dev houses buy each other out as the prce to build a game sky rockets, much like how recording artists get lil money from the record companies the problem is not 100% on piracy but the model of the industry itself.
You can not blindly damn freedom to save people from terrorism, you can not damn fair use and call it piracy just because corporations are not making their 2X profit margins.
Am I the only one to see abuse and blind greed in the corporate structure, if they would reorginise at the top and then reorginise pricing systems to not what they can pull over the consumer but what they can make a REASONABLE profit from it would be eiaser just to buy the game instead of fight everythign to get a copy to run,it would also be cheaper to replace it.
Bummer.
The EUCD is similar in some respects to the DMCA, but it doesn't apply to computer programs, which have separate regulation, and it is not as strict as the DMCA. Both come from the same WIPO Convention, but are different implementations/interpretations.