Report: While Still at RIAA, New ESA Counsel Lauded Jammie Thomas Music Verdict

August 22, 2008 -

As GamePolitics reported earlier this week, the Entertainment Software Association (ESA), the lobbying group which represents the interests of U.S. video game publishers, announced that it has hired Kenneth Doroshow to serve as the organization's General Counsel.

Doroshow was formerly employed as Senior Vice President, Litigation and Legal Affairs for the Recording Industry Association of America (RIAA). During Doroshow's tenure the RIAA gained a reputation for employing heavy-handed legal tactics against individual file sharers.

New York attorney Ray Beckerman, who runs the Recording Industry vs The People blog, worries that gamers will now face the same type of oppressive enforcement strategies:

I guess we may have to rename this blog "Gaming Industry vs. The People" some day, as we have just learned that Kenneth Doroshow -- the RIAA executive who was supposed to debate the statutory damages issue with me back in March, but who chose to avoid that subject and instead recounted his opinion of the facts in Capitol v. Thomas, and who later inserted some paper he'd written into the transcript of the conference instead of allowing his talk to be reported -- has left the RIAA and joined the ESA (the "Entertainment Software Association").

 

If he accomplishes for game manufacturers what he accomplished for the recording industry, I would say the industry's prospects are bleak.
 

Beckerman also reports that Doroshow defended the $222,000 verdict levied against single mother Jammie Thomas (seen at left) for file sharing mp3s:

At Fordham Law School's annual IP Law Conference this year, [Beckerman] had a chance to square off with Kenneth Doroshow, a Senior Vice President of the RIAA, over the subject of copyright statutory damages. Doroshow thought the Jammie Thomas verdict of $222,000 was okay, he said, since Ms. Thomas might have distributed 10 million unauthorized copies. [Beckerman], on the other hand, who has previously derided the $9,250-per-song file verdict as 'one of the most irrational things [he has] ever seen in [his] life in the law', stated at the Fordham conference that the verdict had made the United States 'a laughingstock throughout the world.'

GP: For more the Jammie Thomas case, click here.


Comments

Re: Report: While Still at RIAA, New ESA Counsel Lauded ...

Thanks good job;

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

YES.

Now I don't have to get off my ass for the important shit anymore!

Whats next, ordering pizza from Xbox live?

Wait... I think that sounds like a good idea.

But I think voting should MAKE you get off your ass, and see outside or a second while you go vote. I mean, your picking the president of the United States of America for God's Sake... least you can do is drive down there and punch out a card.

Re: Report: While Still at RIAA, New ESA Counsel Lauded Jammie

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.

YES.

Now I don't have to get off my ass for the important shit anymore!

Whats next, ordering pizza from Xbox live?

Wait... I think that sounds like a good idea.

But I think voting should MAKE you get off your ass, and see outside or a second while you go vote. I mean, your picking the president of the United States of America for God's Sake... least you can do is drive down there and punch out a card.

 

Re: Report: While Still at RIAA, New ESA Counsel Lauded Jammie

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very nice sites.good.

Re: Report: While Still at RIAA, New ESA Counsel Lauded Jammie

I agree with shady8x.  If the ESA is going to behave like the RIAA I am going to find out who the members are and stop buying all games from those companies.  I am very against DRM. I normally download cracks for my games because I hate having to put the DVD in my drive and I hate starforce (with a passion).

I like the idea of Spore and I'm really twisted about buying it purely because of the DRM they want to put on it.

Re: Report: While Still at RIAA, New ESA Counsel Lauded Jammie

I love music, I listen to music all the time. I BUY all the music that I listen to.

I have not  bought the music of any member of the RIAA since I found out which companies where members of the RIAA...

I play computer games, I buy the the games I play.

I already do not play games with DRM in them, though I used to buy them then download a pirated version of a game I PURCHASED in order to protect my computer... or for it to play in the first place...(I got a crash course on DRM when starforce killed my computer)

I will not buy video games that belong to members of an organisation that acts like the RIAA...Period.

I know plenty of people that feel and act exactly the same way.

Re: Report: While Still at RIAA, New ESA Counsel Lauded Jammie

Basically, the way things are going. Will be extremely problematic if this guy does accomplish what he did for the RIAA.

The fact is, Jamie was only found guilty upon the fact that "making available" the song titles. Can you see what is wrong with this? What if the fact you lent your game disk to someone, can equate to "making available" of piracy against you? This person may have uploaded your copy of the game to someone else, and you get held accountable for it when it spreads like wildfire. The fact that if your copy gets stolen, and it gets uploaded, also poses another problem, since this can equate to "making available" which was the reason Jamie was found guilty of copyright infringment. With the same reasoning as their current practices, even lending your game can become "making available" to piracy, even if that person you lent it to doesn't have internet connection theirself.

"And by the way, last time I checked, stealing is still wrong."

Yes, stealing is wrong, but an IP isn't as set in stone as an actual address is. The fact that there was no evidence, except the possibility of "making available" is just wrong in itself. What if someone used an IP as a proxy, commited some illegal activities with it. Then when you use it, they bring litigation against you, since your address is connected to that IP? Well, that is going to be used against you in court. Even your comment of "stealing is wrong" will be used against you >_>

I respect Peter Moore's recent comments, and I'm glad he made mention of that fact that it is difficult to prevent piracy at all, but some other comments of rewarding customers who support is the better option. For example, EA did listen to its customers and didn't put in that draconian DRM. Of course, some DRM is always required though.

I hope this doesn't turn into another problem with the ESA, but if they do start alienating their customers with similar practices like the RIAA, then its just going to repeat into a viscious cycle that only keeps ESA blaming piracy for their problems and customers blaming the ESA for crap they throw in with their games.

Prepare for unskippable load times that say downloading a game is supporting terrorism! D:

Re: Report: While Still at RIAA, New ESA Counsel Lauded Jammie

People give EA way too much credit for pulling the DRM off of games like mass effect, but the fact is their current DRM isn't all that much better.  If EA had announced their current scheme of "max 3 activations, have to have an internet connection with no firewall, can't play the game if there's a firewall anywhere on the link path (including firewalls your ISP has)" first, they would have gotten a huge amount of flak.  As is, because they retreated a little tiny bit, people look at them as the saints of the industry instead of as the company with the single worst DRM policy amongst all current publishers, along with the single worst customer service policy when it comes to said DRM.

 

And who said you can't please all of the people all of the time?  EA's hypocrisy appears to know no bounds.

Re: Report: While Still at RIAA, New ESA Counsel Lauded Jammie

Exactly, it's such sanctimonious crap and frankly abuse of power to be able to abuse customers and somehow the law thakes *thier* side. I hope The ESA loses many many supporters for taking on a RIAA goon like him. I for one will never support them now, we need representation of actual gamers, you know, the customers, not big business wanting to shaft people for their own amusement.

Re: Report: While Still at RIAA, New ESA Counsel Lauded Jammie

ahhh, yes, nothing says: "F%^! you" to the gamers of America like the RIAA, expect JT to hop along... depending if his carrer goes down the toliet come final verdict of the Florida Supreme Court

Jesus Jack Jones Thompson told me to do it!

Jesus Jack Jones Thompson loves you, so kill for his amusement so we can get money for the new "People's Temple of Jesus Jack Jones Thompson"

Re: Report: While Still at RIAA, New ESA Counsel Lauded Jammie

I wonder if there will be another rant about the ECA & GamePolitics on the ESA website? It was kind of flattering last time, sort of an acknowledgement of the role the ECA plays.

Anyway, on topic, not a good PR move by an organisation that is already a cause, if not for concern, then at least for a little consternation among some of its members. A quiet (too quiet) E3, recent companies leaving for hazy, but allegedly innocent reasons etc.

It's also a reason of concern that this flies right in the face of comments recently made by the EA exec, it makes the industry look a bit silly, as though it can't agree on what it wants and what direction it is going in. Makes me wonder whether any kind of consultation ever actually takes place among the ESA members.

Re: Report: While Still at RIAA, New ESA Counsel Lauded Jammie

I wonder how much money companies will pull away from the ESA.

 

And I wondered why, I see the light now....

Re: Report: While Still at RIAA, New ESA Counsel Lauded Jammie

Doesn't anyone realize that the RIAA simply follows the orders of their members?   I mean, come on, RIAA executives don't have a personal issue with the litigants.  If your boss comes into work and instructs you to cook the fries to a specific tempertaure, you listen, don't you?

 

And by the way, last time I checked, stealing is still wrong.

Re: Report: While Still at RIAA, New ESA Counsel Lauded Jammie

Now say that boss tells you then to go out front, and to start checking the pockets of all the customers. If some of them seem to have "extra" fries, you can take them out back and threaten them with oppressive litigation and the possibility of having more than the "extra" fries taken away. Or maybe you didn't find "extra" fries on the person, but rather in the seat right next to them. Sure, that's close enough. You can then tell the customer to pay $1K worth of damages per french fry (it's a good round number...no need to figure out exactly what it might have cost you in damages), and they can be on their way. Otherwise, the fry costs are gonna be super-sized to $200K or more.

There's a point where zealously guarding one's product may cross the line into the realm of unethical (and counter-productive) business practices. The fact is, RIAA is using our court systems to bully individuals (who are presumed innocent until proven guilty) because it is easier to get them to settle with the threat of overwhelmingly expensive defense costs.

Yes, stealing is wrong. And I often admonish some of my own friends for having no issue with the fact that they do, at times, steal. This does not give the Music Industry the green light to go ahead and trample the rights of the average person rather than admit that they did not foresee the changing business model brought about by technology and fell far behind.

Re: Report: While Still at RIAA, New ESA Counsel Lauded Jammie

I don't think anyone here is denying that, but the common consensus seems to be that the punishment isn't fitting the crime.

"There is no sin except stupidity." - Oscar Wilde

"De minimus non curat lex"

Re: Report: While Still at RIAA, New ESA Counsel Lauded Jammie

Are the ESA deliberately trying to alienate themselves or something?

Re: Report: While Still at RIAA, New ESA Counsel Lauded Jammie

As big media gets biger its going to put its weight on consumers, its easier to bully consumers than sell to them ethically...

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: Report: While Still at RIAA, New ESA Counsel Lauded Jammie

http://www.discovermccall.com/mccall_news/2008/013108_epa.htm polluting the local water isn't as expensive as uploading songs.

Re: Report: While Still at RIAA, New ESA Counsel Lauded Jammie

Just show's where priorities are. 

Re: Report: While Still at RIAA, New ESA Counsel Lauded Jammie

I'm sorry, but that man is a disgusting waste of space. It's so sick, that the RIAA goes after a very small number of people and end up fining them way too much. $222,000? Sure, she may have uploaded songs, but how much damage did it actually do? Slim to none. The people that downloaded her songs would most likely have not purchased them anyways. Yes, it's illegal, but there is a limit to how much people can be charged! Anything over a couple thousand dollars is over-the-top, considering the file-sharers aren't payed to do any of this.

And, I apologize for the swearing in advance, but fuck that slime-ball piece of shit, and I hope he doesn't stay at the ESA for very long

Re: Report: While Still at RIAA, New ESA Counsel Lauded Jammie

my friends once pirated a cd and sent me a couple somgs they thought i would like long story short i liked the songs and bought 3 of the bands cd's (at the heinous price they go at im truely shocked the music industry isnt collapseing like a abandoned hovel) and am awaiting the bands 4th cd.

Re: Report: While Still at RIAA, New ESA Counsel Lauded Jammie

You're an ass.

Re: Report: While Still at RIAA, New ESA Counsel Lauded Jammie

Why thank you. Am I a smartass, a dumbass, a jackass?

Re: Report: While Still at RIAA, New ESA Counsel Lauded Jammie

That was a long, well thought out reply.

Re: Report: While Still at RIAA, New ESA Counsel Lauded Jammie

 (sings)

Heave ho, All together

Hoist the colors high,

Yo ho, Thieves and Beggars

Never shall we die...

Re: Report: While Still at RIAA, New ESA Counsel Lauded Jammie

I like gypsies better as a metaphor for my unending media theft. Do you have anything for them that isn't associated with Cher?

Re: Report: While Still at RIAA, New ESA Counsel Lauded Jammie

Not encouraging, but unsurprising.

Though when you consider Peter Moore's comments from yesterday, I'd say we could have an interesting situation shaping up. The ESA is currently having difficultly pleasing it's members. One of the areas I'm sure the ESA is unhappy about is piracy, as it's fallen mainly to developers and publishers to curb it. The ESA could be bringing this guy aboard in an attempt to fix that aspect of things. However when you consider that some big players like Mr. Moore are unimpressed with the RIAA's work, an attempt on the ESA's part to do the same thing could have interesting results.

-Gray17

 
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Andrew EisenWhen I write about these massacres, I don't use the shooter's name or picture. I'm not saying everyone has to play it that way but that's how I prefer to do it.10/25/2014 - 12:44am
Andrew EisenYep, it's why the news media stopped spotlighting numbnuts who run out on the field during sporting events.10/25/2014 - 12:01am
Matthew Wilsonin media research its called the copycat effect. it simply says that if the news covers one mass shooting shooter, it increases the likelihood of another person going on a mass shooting.10/25/2014 - 12:00am
Andrew EisenAgreed. It bugs me that I know the names, faces and personal histories of a bunch of mass shooters but I couldn't tell you the name of or recognize a photo of a single one of their victims.10/24/2014 - 11:51pm
AvalongodAgree with Quiknkold. @Mecha...if that worked we would have figured out how to prevent these long ago.10/24/2014 - 11:32pm
MechaCrashUnfortunately, you have to focus on the perpetrator to figure out the whys so you can try to prevent it from happening again.10/24/2014 - 10:55pm
quiknkoldpoor girl. poor victims. rather focus on them then the shooter. giving too much thought to the monster takes away from the victims.10/24/2014 - 10:15pm
Andrew EisenFor what it's worth, early reports are painting the motive as "he was pissed that a particular girl wouldn't date him."10/24/2014 - 10:12pm
quiknkoldwell then I suck as a man cause I ask for help when necessary :P10/24/2014 - 10:07pm
Technogeek(That said, mostly I was making the smartass evopsych comment because your post seemed like the kind of just-so story that has come to dominate 99% of its usage.)10/24/2014 - 10:04pm
TechnogeekHell, Liam Neeson built his modern career around it. Cultural factors likely play a far greater role than you appear willing to admit.10/24/2014 - 10:03pm
TechnogeekSeriously, though, the idea of "because women are protectors and that's why they never commit school shootings" is, at best, grossly overreductive. There's nothing inherently feminine about being willing to kill in order to protect one's offspring.10/24/2014 - 10:03pm
MechaCrashThe "toxic masculinity" thing refers to how you have to SUCK IT UP AND BE A MAN because seeking help is seen as weakness, which means you suck at manliness, so it builds and builds and builds until something finally snaps.10/24/2014 - 10:01pm
quiknkoldthere, I'm done. And thats what Christmas is all about, Charlie Brown10/24/2014 - 9:54pm
quiknkoldand I am not spouting Evopsych, technogeek. tbh I never heard the phrase till you said it. I'm going off my observations.10/24/2014 - 9:54pm
quiknkoldmoreover, the guy who did this isnt even white. He was native american according to the news report I read. Also that he went for a specific target. That's a much different picture than a certain Sandy Hook guy who will not be named10/24/2014 - 9:53pm
quiknkoldbut I am also certain nobody in their right mind is committing these shootings singing the Machoman song. these are sick individuals who have given up on life10/24/2014 - 9:51pm
Technogeekevopsych lol10/24/2014 - 9:49pm
quiknkoldWhen you suffer from mental illness, youre more likely to go by instinct. yes. I came off as sexist.10/24/2014 - 9:46pm
quiknkoldmore on somthing they are fixated on. Post Partum Depression is an example. This is why a woman is less likely to go off on a rampage.10/24/2014 - 9:44pm
 

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