ECA Action Alert: Bill S. 978

July 8, 2011 -

The Entertainment Consumer Association (ECA) has issued a call to arms to its members and the gaming community at large, urging everyone that will listen that Bill S. 978 (the anti-streaming law) is bad for everyone. The law has the potential to affect everyone - from YouTube video posters that make gameplay videos to Netflix users that share their account information. You can check out the alert here and send a letter to your Senators voicing your strong objection to this bill.

The alert can also be found below:

Don't Make Me a Criminal For Playing Video Games

Bill S. 978 has recently been introduced before the United States Senate. The legislation, if passed, would impose stricter copyright laws and penalties when it comes to streaming, playing, or reproducing copyrighted material. While we believe in the rights of copyright holders, this legislation’s broad language would make criminals out of millions of Americans.

People could face prison for up to 5 years if they:
 

  1. Make or offer 10 or more public performances by electronic means, during any 180-day period, of 1 or more copyrighted works; and


  2. If the total retail value of the performances, or the total economic value of such public performances to the infringer or to the copyright owner, could exceed $2,500; or


  3. the total fair market value of licenses to offer performances of those works would exceed $5,000



In plain terms this means that if you stream your game play to show your friends and it’s viewed by 1 or more friends ten times or less, you could go to jail for up to five years. Yeah, really.

Everyone is at risk. The vagueness regarding value leaves it to copyright holders to determine the possible costs to them. If they want to prosecute through that loophole, they can. A child playing piano of their favorite performer on YouTube, a video of a child dancing to their favorite songs and video game players showing off walk-throughs, speed trials and live streaming their games are all examples of items that’d be prosecutable under this legislation.

There are already strong laws on the books for copyright holders to protect their intellectual property. We don’t need this draconian measure that’d make criminals out of millions Americans who just want to share their enjoyment of their favorite entertainment.

 

[Full disclosure: GamePolitics is an ECA publication.]


Comments

Re: ECA Action Alert: Bill S. 978

Considering the amounts of money that the RIAA has been able to extract per song in court cases, which borders on squeezing blood from a stone, the whole $2500/$5000 'threshhold' seems pointless.

Re: ECA Action Alert: Bill S. 978

And this article is a great example of all the problems inherent in a bill like this:

Hollywood is about to repeat the mistakes of the music industry

http://www.slate.com/id/2298871/pagenum/all/

"The trouble facing the movie industry right now is the same one the music industry had to confront 10 years ago. This is the summing-up sentence I referred to above:

The easiest and most convenient way to see the movies or TV shows you want is to get them illegally."

Sue, legislate, make getting TV shows and movies legally as difficult as possible... but never embrace new technology. Yes, it's the music industry's woes all over again.

Re: ECA Action Alert: Bill S. 978

"A child playing piano of their favorite performer on YouTube, a video of a child dancing to their favorite songs and video game players showing off walk-throughs, speed trials and live streaming their games are all examples of items that’d be prosecutable under this legislation."

The first example is the only one in this list that would not be affected under this law. This law is actually more about transforming a tort into a crime and that just shouldn't be done.

Re: ECA Action Alert: Bill S. 978

Couldn't streaming game playing fall under fair use? There is a fair use exception for material used for educational purposes, and if you are posting gaming videos as a how-to guide so people learn how to beat the game, couldn't that be considered educational?

Austin from Oregon: One of your Senators, Ron Wyden, seems to be a particualrly good target for a letter. He is already opposing PROTECT IP, and if you alert him to this (he will only accept letters and emails from fellow Oregonians), he might be one of our best bets as an ally.

Re: ECA Action Alert: Bill S. 978

Fair use doesn't matter to big content industries and the DMCA. So why would it matter here?

E. Zachary Knight
Divine Knight Gaming

 
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MattsworknameWell, best of luck on that, but im not holding my breath.05/30/2015 - 5:04am
Goth_SkunkI believe the time to pull the plug was long ago, but kept quiet knowing full well Iron Patriot cannot help themself. There is a mountain of evidence to support my claim. In my opinion, it is harassment, and it needs to stop.05/30/2015 - 4:35am
Goth_SkunkIt's not getting me down. Far from it. Nevertheless, the conduct is unacceptable and has gone far beyond what any patient human being ought to be expected to tolerate.05/30/2015 - 4:34am
MattsworknameDont let him get you down Goth, I just go look at kitten videos for a bit to get my posistive mood back05/30/2015 - 4:27am
Goth_SkunkIt is not conducive to a welcoming, open-minded environment that this site is supposed to be.05/30/2015 - 2:33am
Goth_SkunkIt's highly annoying. It adds nothing of note to any topic and is of no benefit to anyone. And the fact that it has not been stopped up until now is giving me the impression that site administration condones it.05/30/2015 - 2:32am
Goth_SkunkIron Patriot goes out of their way to attack, mischaracterize, dehumanize, and otherwise derail any topic where an individual is even remotely considering siding with GamerGate.05/30/2015 - 2:31am
Goth_SkunkI believe there is sufficient evidence to accuse Iron Patriot of harassment. I would like something done about it.05/30/2015 - 2:20am
Andrew EisenFirst I hear of the Frag Dolls in many years and they're disbanding. http://fragdolls.com/frag-dolls-farewell-2/05/29/2015 - 7:59pm
WonderkarpI'd love a real Conker. the Project Spark thing I am looking at. If they provide atleast 25 hours of original conker crazyness that I dont have to build.....05/29/2015 - 7:55pm
Matthew WilsonI think he was talking about wanting a real one.05/29/2015 - 7:19pm
Andrew EisenKarp - A real Conker game or are you content with that Project Spark thing?05/29/2015 - 7:18pm
Matthew Wilson if they are smart, they hire Hideo Kojima, give him his own studio, and rebew the partnership with Guillermo del Toro.05/29/2015 - 7:04pm
MattsworknameReally hope silent hills gets made, it really deserves to be released, and konami is being stupid riht now so if MS wants to take it, more power to them.05/29/2015 - 6:32pm
Wonderkarp80% complete? Well. If there was ever a reason to make me buy a Xbone, that would be it. That and Conker05/29/2015 - 5:24pm
Matthew Wilsonif true, a very smart move.05/29/2015 - 5:24pm
Adam802Huge if true: http://www.ign.com/articles/2015/05/29/silent-hills-reportedly-an-xbox-one-exclusive?abthid=5568e08e738dff6a4f00002305/29/2015 - 5:19pm
WonderkarpRegion locking annoys me. I cant tell you how many Japanese games I want to to play but need to own another console and learn japanese to play them!05/29/2015 - 5:13pm
MattsworknameThis kinda thing is why I have a very negitive view on things like region locking and games not being released universially. it creates problems like this where the game gets reduced as a result .05/29/2015 - 4:41pm
Andrew EisenNeither will the 3DS. Wait, WHAT?! http://www.siliconera.com/2015/05/28/samurai-warriors-chronicles-3-does-not-include-nintendo-costumes-in-the-west/05/29/2015 - 4:33pm
 

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