ESA Denies Pursuing RIAA-style IP Enforcement

December 1, 2008 -

A Slashdot article posted just before the Thanksgiving break speculated that game publishers lobbying group the Entertainment Software Association might be turning to the aggressive, anti-file sharing tactics which have made music industry trade group RIAA infamous.

In response to an inquiry from GamePolitics, however, an ESA spokesman said the organization had not altered its response to piracy issues.

The question arose on Slashdot - and quickly disappeared into the mist of the Thanksgiving holiday - last Tuesday when Slashdot quoted a user named "cavis":

My organization just received an e-mail from the Intellectual Property enforcement division of the [ESA]. It accuses one particular IP address with 'infringing the copyright rights of one or more ESA members by copying and distributing unauthorized copies of game products (through peer-to-peer or similar software/services).' It goes on to name the filename and the application: Limewire. Has anyone had any contact with this group? Are they following the RIAA's lead and pursuing litigation for peer-to-peer piracy? I'm just trying to evaluate what I am in for as I try to battle P2P within my network." ...The [ESA's] letter reads in part...:


The... ESA is authorized to act on behalf of ESA members whose copyright and other intellectual property rights it believes to be infringed as described herein.

Based on the information at its disposal on 24 Nov 2008... ESA has a good faith belief that the subscriber using the [IP address] infringing the copyright rights of one or more ESA members by copying and distributing unauthorized copies of game products (through peer-to-peer or similar software/services), in violation of applicable copyright laws, through internet access that [agency name] provides directly to the [IP address] or through a downstream provider that purchases this access for [IP address].

While Slashdot headlined the article, Entertainment Software Association Following RIAA?, some follow-up comments to the story questioned that interpretation. So GamePolitics put the question directly to the ESA. Ric Hirsch, the lobbying group's Senior VP for IP Enforcement, responded:

Recent press inquiries regarding ESA notices to ISPs about possible online infringements of ESA members’ IP rights have questioned whether these notices represent a new enforcement tactic on the part of ESA.  

 

The ESA has been sending notices to ISPs regarding online infringements for many years, dating back to 2000. In short, this is not a new enforcement mechanism or a new front in our efforts against piracy. Rather, this is an example of the ESA’s ongoing vigilance and proactive work in detecting and deterring illegal activity.

GP: While the ESA's recent selection of a RIAA's former attorney as its general counsel initially fueled speculation that the organization might adopt the RIAA's draconian approach to file-sharing issues, that would not appear to be the case, at least not in this instance. Most notably, there's no apparent demand for a cash settlement in lieu of a lawsuit. And while the full ESA letter is not cited by Slashdot, it appears to be more of a takedown notice than anything else.

We'll update if more info becomes available.


Comments

Re: ESA Denies Pursuing RIAA-style IP Enforcement

The ESA like msot corporate level entities needs to come back down to the ground, being high in the sky smoking the fumes off the wrong end of the man will only make you more out of touch with the people that pay your fees and no I am not talking about the corporate whack jobs that are smoking caroline(sp) gold (cocaine).


Yes the  ESA acts as a buffer or association for their members but that dose not mean you have to bully consumers and trumping up things unreasonable levels look at how out of it the RIAA and MPAA are and wake up.

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: ESA Denies Pursuing RIAA-style IP Enforcement

These takedown notices do NOTHING to deter piracy, they just switch to darknets, or wait for a few months then download a lump of pirated software again.

They should be dropping DRM and chopping launch prices down to reasonable for the product. These companies are trying to sell ground beef as prime rib, and the most successful restaurant in the business got there for selling ground beef as what it is.

So what should they do? I'd almost suggest to charge a dollar per hour of gameplay offered up to 50 dollars, or offer free downloaded content for games with a legitimate CD-key that expands gameplay to that kind of time. If I were to measure gameplay time, 'travel' time wouldn't count.

The fact is that piracy in the 90s was as easy as it is now. You connected to IRC or usenet, and had all you wanted. However, it was at a marginal 3-8%. The people having trouble could take a look at the software in the 90s and take an example.

Winzip, still around today, allows a user indefinite usage of the trial, with a nag screen. they make good money still.

Games of that period left personal messages to pirates in the EULA. "Hey Pirates, if you enjoy our software, please buy it, it took a lot of hard work!". Copy protection was NOT installed outside of the actual game.

Games also were much longer, much more open, and much more innovative. Look at unreal 1, for example.

"We keep selling them the same thing, and they're tired of it! Let's ignore that and punish the symptom, then pretend an alternative system is any better. Uh oh! These consoles have piracy too!"

Re: ESA Denies Pursuing RIAA-style IP Enforcement

Big deal.

I use Frostwire anyway.

Re: ESA Denies Pursuing RIAA-style IP Enforcement

Their reply basically admitted that they are going after specific instances of games being downloaded via P2P networking, they're just denying that it is a new tactic.

The Honest Game - http://www.thehonestgame.org

The Honest Game - http://www.thehonestgame.org

Re: ESA Denies Pursuing RIAA-style IP Enforcement

I am sorry but until the ESA under stands fair use and the rights consumers have whatever they say is anti consumer propagandist corporate fascism, really hate to paint with such a wide sloppy brush but frankly they deserve the gooey vitriol...

What they should do? Stop the propaganda modchips focus on illicit for profit software distribution( you know the real fcking crime, god forbid you rail onthe console makers to update their already broken protections you want to protect sales but you dare not bother the big boys its all the lil guys fault for daring to put after market devices on the crap he bought), have links ready for cracks on the horrendous DRM that damages computers and try and offer alil more assistance to consumers that are forced to deal with that crap hell get sicrom to make their DRM fully uninstallable, less of a threat to a function OS.

They can make DRM a simple program thats installed and when its components are not there it dose not work thus any program thats associated with it wont work however trying to circumvent the protections of the OS to try and lock the program is ridiculous as all it dose is cause grief to legit consumers.

All they want to be is a mindless PR machine to get in membership fees from publishers...well...I hope they stay a witless PR machine god forbid they become a fullflegde RIAA clone.

The ESA
 could do so much to expand their market without stomping on the throats of the people that buy the sht that eventfully pay their fees.....

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: ESA Denies Pursuing RIAA-style IP Enforcement

Of course they're going to deny it. People don't take kindly to being villainized without reason. IP enforcement doesn't work because it yields so many damn false positives. Just look at how hated the RIAA/MPAA are. The ESA doesn't want people to know that they're in the same boat.

Re: ESA Denies Pursuing RIAA-style IP Enforcement

NecroSen -- I was there too; if we're thinking of the same panel, that was the ESA's communication's director.

Dan "SWATJester" Rosenthal Executive Director, GamesLaw.net Member, ABA IP Law Division Special Committee on Computer Gaming and Virtual Worlds

-- Dan Rosenthal

Re: ESA Denies Pursuing RIAA-style IP Enforcement

No surprise to me that the ESA would respond that way. I was at the VGXPO East Coast Games Summit in Philadelphia two weekends ago. Someone representing the ESA was on a panel called "The Future of the Games Industry," and more than a couple times he blatantly said "we will not be trying to do what the RIAA did and is doing."

What they'll actually do, I have no idea.

Re: ESA Denies Pursuing RIAA-style IP Enforcement

And the ECA will not do a thing about it.

--- Official Protector of Videoland!

--- Official Protector of Videoland!

Re: ESA Denies Pursuing RIAA-style IP Enforcement

I think you dropped your clue back there.  Might want to go get it.

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

"De minimus non curat lex"

Re: ESA Denies Pursuing RIAA-style IP Enforcement

What do you expect the ECA to do?

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

Re: ESA Denies Pursuing RIAA-style IP Enforcement

ECA: "Hey! Stop telling these guys to stop illegally distributing software!   ... Jerks!"

Re: ESA Denies Pursuing RIAA-style IP Enforcement

The ECA has already made the statements that they do not support piracy of any kind. So why would they tell the ESA to stop protecting their IP? Now if the ESA actually acted like the RIAA and did a full scale fish net campaign looking for names behind user IP addresses, they would probably ask them to find a better way.

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

Re: ESA Denies Pursuing RIAA-style IP Enforcement

Err I think that was supposed to be sarcasm.

----------------------------------------------------

"What for you bury me in the cold cold ground?" - Tasmanian devil

---------------------------------------------------- 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: ESA Denies Pursuing RIAA-style IP Enforcement

The ECA will take the JT approach:

"I'll sue you...I'll sue you all!!!"

Sortableturnip's Law: As an online discussion of video game violence grows longer, the probability of a comparison involving Jack Thompson approaches 1

Re: ESA Denies Pursuing RIAA-style IP Enforcement

Thank Goodness the ESA is avoiding it without any say

America has just became its own version of the Jerry Springer Show after a bizarre moment in Florida involving a carnival worker.

 
Forgot your password?
Username :
Password :

Shout box

You're not permitted to post shouts.
ZippyDSMlee.....win8 hates any left over hidden install partitions from other version of windows....only waste 5 hours finding that out...its ahrder than you think keeping up with 4 or 5 HDDS......03/03/2015 - 4:44am
Matthew WilsonI am going to pax east, any games you guys want me to check out?03/02/2015 - 11:23pm
ZippyDSMleeNo one remembers the days of Cinemagic and Cynergy eh? :P, meh even MGS is getting to film like....03/02/2015 - 8:44pm
MechaTama31I was about to get all defensive about liking Metal Gear Solid, but then I saw that he was talking about "cinematic" as a euphemism for "crappy framerate".03/02/2015 - 8:29pm
prh99Just replace cinematic with the appropriate synonym for poo and you'll have gist of any press release.03/02/2015 - 5:34pm
PHX Corphttps://www.youtube.com/watch?v=vZQDFO2KEPo Jim Sterling Makes Fun of "Cinematic" Gaming03/02/2015 - 3:39pm
Matthew WilsonWOW is copping EVE. http://us.battle.net/wow/en/blog/18141101/introducing-the-wow-token-3-2-2015 I think its a smart move to deal with gold farmers in this way.03/02/2015 - 1:16pm
Matthew WilsonI guess epic is tired of having their lunch eaten by unity. https://www.unrealengine.com/blog/ue4-is-free03/02/2015 - 12:50pm
Andrew EisenNot much to follow. Kern is being silly and... nothing much else is happening.03/02/2015 - 11:40am
Papa MidnightI ask because, having only just heard of it, I have not, and I was hoping for some insight.03/02/2015 - 11:39am
Papa MidnightHas anyone been following this petition by Mark Kern regarding Kotaku, Polygon, and VG247? https://www.change.org/p/kotaku-lead-the-way-in-healing-the-rift-in-video-games03/02/2015 - 11:38am
ZippyDSMleePaypal shuts down Mega's payment system. https://torrentfreak.com/under-u-s-pressure-paypal-nukes-mega-for-encrypting-files-150227/03/01/2015 - 3:25pm
Matthew Wilsonvalvle planning to release a vr headset this year wtf http://www.pcgamer.com/valves-vr-headset-is-named-vive-and-htc-are-making-it/03/01/2015 - 1:05pm
ZippyDSMleeuuuhhhggg in other news been sick since last night.....uuhggg.....I iwsh it did not hurt so much when my tummy wants to leave my body..02/28/2015 - 11:39pm
ZippyDSMleeBrings me to the Q why alt costumes would be needed in competition anyway... http://www.eventhubs.com/news/2015/feb/28/dead-or-alive-community-aims-ban-over-120-overly-sexualized-costumes-dead-or-alive-5-last-round/02/28/2015 - 11:36pm
MonteThough from a business side, i would agree with the article. While it would be smarter for developers to slow down, you can't expect EA, Activision or ubisoft to do something like that. Nintnedo's gotta get the third party back.02/28/2015 - 4:36pm
MonteThough it does also help that nintendo's more colorful style is a lot less reliant on graphics than more realistic games. Wind Waker is over 10 years old and still looks good for its age.02/28/2015 - 4:33pm
MonteWith the Wii, nintnedo had the right idea. Hold back on shiny graphics and focus on the gameplay experience. Unfortunatly everyone else keeps pushing for newer graphics and it matters less and less each generation. I can barely notice the difference02/28/2015 - 4:29pm
MonteON third party developers; i kinda think they should slow down to nintendo's pace. They bemoan the rising costs of AAA gaming, but then constantly push for the best graphics which is makes up a lot of those costs. Be easier to afford if they held back02/28/2015 - 4:27pm
Matthew Wilsonhttp://www.forbes.com/sites/insertcoin/2015/02/28/the-world-is-nintendos-if-only-theyd-take-it/ I think this is a interesting op-ed, but yeah it kind of is stating the obvious.02/28/2015 - 2:52pm
 

Be Heard - Contact Your Politician