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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NeenekoWhich is why I completely ignore the site.11/26/2014 - 3:15pm
james_fudgeAHHH Someone bar the door and keep the kids away from the credit cards!11/26/2014 - 3:14pm
Neo_DrKefkaThe Ralph Retort is a toxic mess and the guy is literally building his career on the back of the GamerGate movement. Whether you believe GamerGate is right or wrong this is a man profiteering on this war.11/26/2014 - 2:56pm
WonderkarpTHE STEAM SALES HAVE BEGUN!11/26/2014 - 2:16pm
MaskedPixelanteUnless you have said DLC already, then you can get the equally broken FarCry 4.11/26/2014 - 2:15pm
WonderkarpI love Boogie. He's awesome.11/26/2014 - 2:02pm
PHX Corphttp://kotaku.com/ubisoft-apologizes-for-assassins-creed-unity-with-free-1663768202 [Sarcasm]Ubisoft Apologizes for making a broken game, gives out free dlc for said broken game[/sarcasm]11/26/2014 - 1:53pm
Andrew EisenIt's a cute joke to make but it’s important to note that the person's view is not gendered. It's not about not supporting a female dev, it's about not supporting GamerGate. Gender is irrelevant in this case.11/26/2014 - 1:10pm
Neo_DrKefkaToo add what Andrew said about the The Ralph Retort it is no different from what you read at Gawker. I remember reading The Ralph Retort on how Boogie was the bad guy from being on the fence until he jumped to the GamerGate side.11/26/2014 - 12:42pm
Wonderkarpthat, I do not know the answer too. I see some people saying they wont vote for her because of it. I'm pointing out the irony.11/26/2014 - 12:31pm
Andrew EisenIs this call to not vote for her game widespread or is it just the one tweet from the one guy?11/26/2014 - 12:19pm
Wonderkarphttps://twitter.com/GMShivers here's her twitter if you wanna look. I didnt see any harassment. 11/26/2014 - 12:07pm
Andrew EisenI'm just curious what kind of GamerGater the dev is. Does she harass people? If so, I could understand the desire not to support her. "Very Pro-GG" doesn't tell me anything.11/26/2014 - 12:05pm
NeenekoWhile boycotts have their place, small ones like that just hurt small producers for no real gain. It is just being petty.11/26/2014 - 12:02pm
WonderkarpI'm addicted too their deals :P When I find an alternative, I'll drop Kotaku :P. you Tease cause you care though :)11/26/2014 - 11:57am
Andrew EisenWarning, light teasing incoming. Ahem. So, not only could you not go a full four hours without reading The Ralph Retort, but you read Kotaku? A site you say you're actively trying to convince others to stay away from? Wow!11/26/2014 - 11:56am
Wonderkarpi love nintendo <311/26/2014 - 10:27am
MaskedPixelantehttp://www.siliconera.com/2014/11/26/pokemon-omega-rubyalpha-sapphire-sold-3-million-worldwide-three-days/ More good Nintendo news that I can't wait to be turned into "NINTENDO IS DOOMED" articles by certain outlets.11/26/2014 - 10:03am
Wonderkarpthough its kinda ironic, as this cartoon shows. https://pbs.twimg.com/media/B3XCIeQCUAAWWkv.jpg cause I thought it was about wanting more women in games?11/26/2014 - 9:39am
Wonderkarphuh. thats weird... http://steamcommunity.com/sharedfiles/filedetails/?id=34087710511/26/2014 - 9:37am
 

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