Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

August 19, 2008 -

The Entertainment Software Association (ESA), which represents the interests of U.S. video game publishers, has hired a former executive of the Recording Industry Association of America (RIAA) as the organization's new general counsel.

According to an ESA press release, Kenneth Doroshow will take up his new position with the ESA in September. He succeeds Gail Markels as GC. As GamePolitics reported earlier this year, Markels, who had been with the ESA since its formation in 1994, did not have her contract renewed under new ESA CEO Michael Gallagher. Of Doroshow, Gallagher said:

The ESA continues to attract and recruit the brightest individuals. Ken has remarkable expertise in the protection of intellectual property and an excellent understanding of the increasingly connected, dynamic, and innovative entertainment environment we live in. The computer and video game industry will be well-protected with Ken’s guidance and I know he will help facilitate our growth to even greater heights.

 
Does Doroshow's hiring signal a move toward the RIAA's controversial copyright enforcement tactics? That's unclear, although the ESA press release touts his experience in that regard:
 
Doroshow served as Senior Vice President, Litigation and Legal Affairs for the RIAA, the trade group that represents the U.S. recording industry. As the head of the RIAA’s litigation department, he led efforts to protect the copyrighted works of recording artists and managed cutting-edge anti-piracy lawsuits against companies like LimeWire, Usenet.com and AllofMP3.com.
Doroshow's name also comes up in relation to RIAA strategies aimed at music file sharing by college and university students. Before his RIAA stint, Doroshow served with the Department of Justice as Senior Counsel with the Computer Crime and Intellectual Property Section. Partick Ross, executive director of the Copyright Alliance, also praised Doroshow:
 
The copyright community is fortunate to have strong advocates in Washington at a number of trade associations who are working on their behalf, and I am so pleased to see one of these seasoned professionals continue this work to the benefit of the entire creative community. Ken brings a wealth of intellectual property knowledge and experience to the Entertainment Software Association. He has worked in multiple facets of the copyright industries and will be a knowledgeable addition to the ESA. The Copyright Alliance looks forward to continuing to work with Ken in this new role.

Comments

Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

Gallagher can araç kiralama say all he wants, but I strongly rent a car believe it's due to his crappy leadership and E3 being a joke. ESA's Board of Directors need to find a way to get out rent a car of this horrid contract with this Bush cronie before there's no one left on the Board.

Btw, I think Atari and Midway will drop out too, but mostly travesti because  these guys have done nothing ttnet vitamin or little and need to start saving costs.

 

Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

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Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

So here's to never buying games again! It's been working out great for me with not buying music.

Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

"The ESA continues to attract and recruit the brightest individuals. Ken has remarkable expertise in the protection of intellectual property and an excellent understanding of the increasingly connected, dynamic, and innovative entertainment environment we live in"

I don't think anyone from the RIAA has anything even remotely resembling an understanding of the "increasingly connected, dynamic, and innovative entertainment environment we live in". They certainly don't understand the consumers they are driving away through their litigious bullying.

Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

I really hope that more companies drop from the ESA now. At least 90% of them.

Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

This just makes the onset of digital downloads in gaming more gloomy. I'm not totally against downloadable games, but it's an easy way to put artificial restrictions on what you can do with the games, and where you can play them. Physical copies tend to leave somewhat less of a paper trail- the purchase is still not totally untraceable, but I'd feel better knowing I have a real disc of the game at hand that I can give to a friend, play it at his house, etc. Share the wealth, as I would say.

Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

 Unfortunately the ESA will take a long, steady downward spiral if they continue in the path and tactics of the RIAA, as is proven by current economics... It's quite sad, a tragedy really, that even Mike Gallagher fails to see reality from and even he is looking at the completely wrong side of the coin.

A sad day for the ESA indeed...

 

Though the ESA supports video games, I will no longer be supporting the ESA and I really hope Hal Harpin and co. from the ECA down follow suit and support the ESA in their efforts that are simply in vain. If the ECA does, they will also lose support from many a thousands of gamers in North America.

Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

So why is he a FORMER member of the RIAA?

Is it becaus ehe was too evil or too good for the dastardly RIAA or did the ESA just give him a better offer.

I've always said that if they were to remake Se7en the RIAA would make a perfect greed victim (and just like the last time people would cheer him on for it).

---------------------------------------------------- Debates are like merry go rounds. Two people take their positions then they go through the same points over and over and over again. Then when it's over they have the same positions they started in.

Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

Paying for stuff helps to hire people to do this shit. After the RIAA started this crap I stopped buying CDs altogether. Glad to see I don't have to spend money on video games anymore. Don't buy anything. Drive them out of business.

Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

I agree, however buying used is the best option altho its a shame most used outlets buy new as well, thus why you have to go the extra mile to protect your money from bad media, once you find out something is good by all means buy it, but I no truth the indutry to make 30$+ games..... so I have to verify what lil extra money I have goes to games that are really worth while.

Remember people if you could return media then consumers would be reasonably protect from bad media.

I is fuzzy brained mew =^^=
http://zippydsmlee.wordpress.com/
(in need of a bad overhaul)


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

Want to bring your organization's credibility down a notch or three? Hire somebody from the RIAA.

Good job, ESA!

Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

How about the ECA stop whining about this and break down the ESA?

Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

Why would the ECA do something? They never have before.

Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

Looks like you aren't following the ECA at all.

Have fun in your own little world.

E. Zachary Knight
http://www.editorialgames.com
Oklahoma City Chapter of the ECA
MySpace Page: http://www.myspace.com/okceca
Facebook Page: http://www.facebook.com/profile.php?id=1325674091

Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

What exactly has the ECA done?

Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

Hal has been on record saying the ESA is an important part of the industry.  You could find some of the articles covering this over in the ECA forums.

The ECA along with it's gamer members have been busy fighting legislation that would be detrimental to the consumers.  You can find the current list of action actions here.  But to list just some them, there's been a fight against the DMCA and for Fair Use, the fight against the Video Game Rating Enforcement Act, as well as various pieces of state legislations.

We've also launched the succesful Gamers for Net Neutrality as well as Gamers for Universal Broadband, both are part of a larger coalition calling on the government to enshrine a free internet and expand high speed internet access.  Hope that answers your question.

Brett Schenker

Online Advocacy Manager

the ECA

Brett Schenker
Online Advocacy Director
the ECA
www.theeca.com

 

Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

The ECA does not want to remove the ESA. They never have. They publishers have a right to be represented to the government just as much as the customer.

We are however not just whining. We have many things in the works. If you would actually read some of the articles about the ECA, you might have known this.

E. Zachary Knight
http://www.editorialgames.com
Oklahoma City Chapter of the ECA
MySpace Page: http://www.myspace.com/okceca
Facebook Page: http://www.facebook.com/profile.php?id=1325674091

Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

Yeah! The ECA started a "longer sig initiative"! They now hope to have long sigs everywhere by 2010, and the blue sky goal right now is to have the total sigs of the internet surpass actual content by 2020. Online-only distro channels are expected to play a big part.

Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

The ECA and ESA travel in different circles.  And in all honesty I doubt the ECA has the political clout to oust the ESA. 

Gamers need game companies for their fix, game companies need gamers for their income.   It is a Working system (well mostly when you consider in EA).  The ESA is not in that loop as both the companies and the consumer would do fine without them.  The ESA is there for the betterment of the ESA.  The arguement of needing to protect the companies from pirates and such is weak.  If the game companies were truly worried there is always the courts.  A ruling body to handle disbutes between companies?  The same arguement applies. 

In the end the ESA is little more than a parasite.  It becomes worrisome when you consider they do have money and political pull, all at the cost of say ethics and morals. 

Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

And how exactly do you suggest they do that?

Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

The moment Nintendo and the ESA kick down my door for owning a modchip for my Wii is the moment I hand them my six imported games, demand a refund, and proceed to tell them "region locking is fucking lame.  If I could play this Gundam game without the Modchip, I would.  But I can't, so I won't."

And I highly doubt Nintendo, staring at the huge 1200 game collection spanning multiple generations and not a single pirated game among them, is going to say "This guy is worthless to us."

I hate being treated like a thief whether it's in a store, on a label they put on a CD, in a commercial before a movie, or by a company that's raking in millions upon millions but worried about some imaginary number that got away.

Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

If Ken's expertise is so remarkable then how come the RIAA is still entrenched in a losing battle?

Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

Ah, but you are confusing reality and perception.

-- http://pixelantes.blogspot.com/

Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

If you mean their extortion brigade filing lawsuits, it's still somewhat working. Sure, there are problems of whether or not "making available" is the legal equivalent of "distribution", MediaSentry/Safenet needing a private investigator license, Carlos Linaries swearing under oath everything is accurate yet never personally overseeing anything, Dr. Doug Jacobson lying and contradicting himself under oath, while selling software to universities at outrageous prices plus "maintenaince fees" that he claims will filter filesharing and the DMCA letters stopping, judge shopping, Capitol v. Thomas (the only case they have actually won at trial) about to be overturned, constituitonality of the statutory damages above 10x, etc....

But the problem is, very few people fight back. The overwhelming majority settle immediatley. That's why they're still able to go on.


EDIT: Whoops, Capitol v. Thomas is the one case they've won, not Atlantic v. Anderson.

It's not a completely bleak situation...

In the cases where someone fights back, the RIAA is having to work harder and harder to keep their cases going.  Judges are becoming skeptical of their tactics since they are not on secure legal standing, such as their "making avaliable" prevarications. 

Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

But the problem is, very few people fight back. The overwhelming majority settle immediatley. That's why they're still able to go on.

"Fight us, and we will ruin you, either by your financial situation, your social reputation, or even physical health. The fair game policy applies to you. You have been warned, non-believer."

---- There is a limit for both politicians against video games, and video games against politicians. http://www.goteamretard.com

Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

Sadly, that's pretty much how it is. They're no different from the mob.

Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

It's not just cream that floats to the top....

Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

It's called 'failing upwards'.

Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

Doroshow served as Senior Vice President, Litigation and Legal Affairs for the RIAA, the trade group that represents the U.S. recording industry. As the head of the RIAA’s litigation department, he led efforts to protect the copyrighted works of recording artists and managed cutting-edge anti-piracy lawsuits against companies like LimeWire, Usenet.com and AllofMP3.com.

That's something to be proud about? Jesus, all they did was alienate users and consumers, and even pushed further on their incredible power trip. I'm sorry ECA.. It looks like I won't be able to support next year's E3 if you even so much as stick a toe in the RIAA's direction.

Mod Chips, Backups, Derivitive Works, Satire, Fair use.. those will be all gone if the new 'hire' will get his way. ECA is starting to lose the backing of the all important CUSTOMER.

*EDIT: Am I getting my E*As confused? ECA.. ESA.. EPA..? I think so...

---- There is a limit for both politicians against video games, and video games against politicians. http://www.goteamretard.com

Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

Yes, you are. ;)

Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

You know...association with the RIAA's draconian copyright policies is not something I'd want to advertise, even after hiring this guy.

"We brought on someone new with a proven record of protecting IP.  We're confident he'll continue to serve us with the same degree of success and professionalism."

Even the MPAA stayed quiet during the RIAA witch hunts.  It was negative publicity all around; EVERYONE could see that (but the RIAA)...

Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

Past tense? The RIAA is still going on witch hunts, fishing expidetions, and wild goose chases. I'd imagine the MPAA didn't take as much action during the Napster thing (which I hope you're referring to) because all large RIAA members other than EMI are also part of the MPAA. However, they're still filing amicus briefs in RIAA cases, which basically amounts to the plantiffs being allowed to argue twice.

Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

Well, let's prepare for the ESA to start an extortion campaign where they use unlicensed investigators, go judge shopping, when they find the right judge, make stuff up to cite as legal precedence, have their technical 'experts' contradict themselves in affadavits and on the stand, lie in affadavits and on the stand, and immediatley settle a case if they feel there is any chance that they will lose and have their illegal tactics officially uncovered to prevent an investigation and bar complaints against their lawyers.

Welcome to the next War on Drugs, people. A government campaign backed by powerful private companies to protect thier buisness intrests that we all know is bullshit, but we don't speak out against it because of the demonization the government and media will do.

Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

Problem is, the ESA is an industry-led organisation, they don't care about consumers, only about their money.

I won't call them out for that, it is their purpose, however, it does explain why sites like Gamepolitics and organisations like the ECA scare the crap out of them, in a way, it's kind of sad because it reminds me of certain other people, they only want their own opinion in view.

Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

So the ESA is looking at bigger guns to protect themselves (and thier personal fortunes).  Makes we wonder/worry that this action portends for gamers.   Another bout of chasing down mod chips or trying to enforce more limited user rights to end users.

Re: Does ESA's New Hire Signal a Move to RIAA-style Enforcement?

Yeah, I am extremely worried about the direction they are going with things...

 
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