ECA: 'SOPA/PROTECT IP Would Be Hideously Bad For Video Gamers'

November 16, 2011 -

A new article over at TechDirt penned by the Entertainment Consumer Association's Vice President and General Counsel, Jennifer Mercurio, explains why the Stop Online Piracy Act (SOPA) and PROTECT IP are bad for everyone - especially gamers. Mercurio lays out what this means to everyday internet users when it comes to video performance and fair use in the first paragraph:

"If a pair of bills on Capitol Hill, called the Stop Online Piracy Act (SOPA) and PROTECT IP, pass, you could be fined and thrown in jail for streaming (i.e., 'performing') your video game speed runs or game play. Just as people post cute pictures and videos of themselves, their pets and their kids singing and dancing to copyrighted works, gamers of all ages routinely post pics and stream video of themselves during game play. All of these things have, for the most part, been considered 'fair use' under the law. Tens of thousands of videos currently available online featuring game play from popular games like Call of Duty, Halo, Starcraft and others could be made illegal under these laws."

We recommend you go to TechDirt and read the whole thing but Mercurio lays out all the arguments as to why these poorly worded bills are dangerous to free speech, fair use, and how it takes away due process for those accused of running web sites pegged as trafficking in illegal software or counterfeit products. In other words, these bills give law enforcement the ability to punish those they deem as wrongdoers before they have a chance to fairly defend themselves. This is the basic foundation of our rights - I.E. when we are accused of a crime we are not guilty until proven innocent.

The article concludes with a reminder that the ECA opposes these bills and offers free online tools to help the public let their elected representatives know how they feel about it. Find out more at theeca.com/video_gamers_rights.

Thanks to Uncharted NES for his urgent tip!

[Full Disclosure: GamePolitics is an ECA publication.]


Comments

Re: ECA: 'SOPA/PROTECT IP Would Be Hideously Bad For Video ...

I see two big dangers with SOPA, both stemming from a lack of due process.

  1. Larger companies can take down a small competitors website with little more than an accusation.  The lack of revenue and any potential legal costs could easily put a small business under.  And sure there are legal remedies for false accusations.... but that assumes there's something left when the dust settles who can sue the accuser.
  2. Nothing seems to stop a publisher from saying that any negative reviews of their product (particularly games, but also movies, books, etc.) are a violation of copyright and forcing them to be taken down, while leaving up any positive reviews.  Same goes for gameplay videos that show bugs, exploits, what have you.

I have to mostly agree with Google's (and other's) position on this.  Having a law to shut down sites selling counterfeit goods (particularly pharmaceuticals) would not be a bad thing.  Extending that to cover pirated goods seems to be getting sketchy.  And implementing it they way these bills do is just plain wrong.

===============

Chris Kimberley

Re: ECA: 'SOPA/PROTECT IP Would Be Hideously Bad For Video ...

Man, remember the internet? How much fun we had watching review shows and game related stuff... I'm sure gonna miss all that.

---You are likely to be eaten by a Grue.

Re: ECA: 'SOPA/PROTECT IP Would Be Hideously Bad For Video ...

Just a thought but isn't it innocent until proven guilty, not guilty until proven innocent? I mean isn't it the whole point of this article?

Re: ECA: 'SOPA/PROTECT IP Would Be Hideously Bad For Video ...

This whole bill is more like "guilty until proven guilty" anyways.

Re: ECA: 'SOPA/PROTECT IP Would Be Hideously Bad For Video ...

Reread the sentence in question.  He's saying we're not guilty until proven innocent.

===============

Chris Kimberley

Re: ECA: 'SOPA/PROTECT IP Would Be Hideously Bad For Video ...

"until proven innocent" aka, innocent until proven innocent. That's the redundant part.

Re: ECA: 'SOPA/PROTECT IP Would Be Hideously Bad For Video ...

It'll be f*cking awful for everybody... except a handful of big corps, which seems to be the point. :(

 
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IanCBroke my EA boycott to pick up Plants vs Zombies Garden Warfare. Loving it. Still hate EA though. But i like Popcap. Gah.08/30/2014 - 6:01am
MaskedPixelantehttp://m.tickld.com/x/something-you-never-realized-about-guardians-of-the-galaxy Right in the feels.08/29/2014 - 6:56pm
AvalongodAgain I think we're conflating the issue of whether Sarkeesian's claims are beyond critique (no they're not) and whether its ever appropriate to use sexist language, let alone physical threats on a woman to intimidate her (no it isn't)08/29/2014 - 5:04pm
prh99Trolling her or trying to assail her integrity just draws more attention (Streisand effect?). Which is really not what the trolls want, so the only way to win (if there is a win to be had) is not to play/troll.08/29/2014 - 5:02pm
prh99Who cares, just don't watch the damn videos if you don't like her. Personally, I don't care as far as she is concerned as long there are interesting games to be played.08/29/2014 - 4:34pm
Andrew EisenZip - And yet, you can't cite a single, solitary example. (And no one said you hated anyone. Along those lines, no one claimed Sarkeesian was perfect either.)08/29/2014 - 3:51pm
Andrew EisenSaint's Row: Gat Out of Hell was just announced for PC, PS3, PS4, Xbox 360 and Xbox One making it the 150th game For Everything But Wii U! Congratulations Deep Silver!08/29/2014 - 3:49pm
ZippyDSMleeI do not hate them jsut think its mostly hyperlobe.08/29/2014 - 3:40pm
Andrew EisenSleaker - I'd say that's likely. From my experience, most who have a problem with Sarkeesian's videos either want to hate them in the first place (for whatever reason) or honestly misunderstand what they're about and what they're saying.08/29/2014 - 3:16pm
james_fudgeWe appreciate your support :)08/29/2014 - 2:55pm
TechnogeekIt gives me hope that maybe, just maybe, the gaming community is not statistically indistinguishable from consisting entirely of people that your average Xbox Live caricature would look at and go "maybe you should tone it down a little bit".08/29/2014 - 2:49pm
TechnogeekI just want to say that while I've disagreed with the staff of this site on several occasions, it's still good to see that they're not automatically dismissing Anita's videos as a "misandrist scam" or whatever the preferred dismissive term is these days.08/29/2014 - 2:49pm
E. Zachary KnightZippy, So you can't find even one?08/29/2014 - 1:04pm
ZippyDSMleeAndrew Eisen:Right because shes prefect and never exaggerates... *rolls eyes*08/29/2014 - 12:53pm
SleakerAnd honestly, nearly all of the games she references, or images she depicts I've always cringed at and wondered why they were included in games to begin with, from pinups through explicit sexual depictions or direct abuse. I think it's cheap storytelling.08/29/2014 - 12:35pm
Sleaker@AE - aren't most people fundamentally misunderstanding her at this point? haha.. On a related note I think a lot of the backlash is coming from males that think she is telling them their 'Generic Male Fantasy' is bad and wrong.08/29/2014 - 12:33pm
Andrew EisenAnd no, I don't think the female community would be upset over the performance of a case study in and of itself. Possibly the mostivations behind such a study, the methodology or conclusions but not the mere idea of a case study.08/29/2014 - 12:29pm
Andrew EisenAmusingly, these videos aren't saying you can't/shouldn't use tropes or that sexual representations are inherently problematic so those are very silly things to have a problem with and indicate a fundamental misunderstanding of the series.08/29/2014 - 12:29pm
SleakerDo you think the female community would get extremely angry over a male doing a case study on the negative impact of sex-novels and their unrealistic depiction of males and how widespread they are in american culture?08/29/2014 - 12:25pm
SleakerThe other thing that people might find problematic is that they see no problem with sexual representations of females (or males) in games. And realistically, why is there anything wrong with sexual representations in fiction?08/29/2014 - 12:24pm
 

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