In light of France officially approving a tough, three-strike law against illegal downloaders, the European Parliament has exorcised an amendment to its Telecoms Package that would have made it more difficult to disconnect pirates from the Internet.

France’s “Hadopi” law was passed last week following a revision which added a provision that a judge must approve disconnecting a user from the Web. A first offense will result in an email, while a second infringement will result in a letter being sent to the person who illegally downloaded material. A third strike would result in disconnection, now subject to a judge’s ruling.

Amendment 138 to the EU Telecoms Package was dropped, meaning that “individual countries would be able to ask internet service providers to remove users deemed to be persistent pirates without needing a prior court order,” writes the BBC, which believes that this is a lead up to the UK introducing its own disconnection policy for pirates next month.

Forrester analyst Mark Mulligan thinks that any legislation is too slow to do much to affect pirates, “Technology just moves quicker. Already we are seeing around 20 different alternatives to peer-to-peer piracy.”


|Thanks Hreinn, Image via DeviantArt|

Capcom has joined Nintendo and 53 other game publishers in a lawsuit against the makers of the R4 flash cartridge for the Nintendo DS. The reason for the suit is that the R4 can be used to store copies of pirated DS games.

The action is going after four specific makers of the R4 under Japan's Unfair Competition Prevention Act. Nintendo went to court last year against R4 distributors resulting in an injunction from a Tokyo court, but a statement from Capcom said the injunction has had little effect.

Also from the Capcom statement:

We are expecting the entire society including users to recognize that our company and other software manufactures have extremely sustained damages from proliferation of illegal instruments, such as the Game Copying Devices, and the computer industries have sustained serious damages because of those vendors, and we expect to influence the society to eliminate such illegal instruments from the market.

We wish the publishers luck, but don't expect to see any decline in piracy with a win.

French President Nicolas Sarkozy, a backer of tough new piracy laws in that country, comes off as a bit of a hypocrite after being accused of a pair of copyright infringements.

Sarkozy’s “Hadopi” law was passed just last month and features a three-strike policy for illegal down loaders. Unfortunately it would appear that Sarkozy is already down to his last strike, as he has been accused of two misuses—making 400 unauthorized copies of a DVD and copyright infringement related to his use of an MGMT song at a political rally.

The MGMT song misuse cost Sarkozy 30,000 Euros (approximately $44,112 U.S.). More galling may be the fact that the publisher of the DVD allegedly copied by Sarkozy only created 50 copies itself.


Via Boing Boing

The Entertainment Consumers Association (ECA) has debuted a new online presence aimed at educating consumers about such issues as digital content distribution, license agreements, virtual property and piracy.

The Gamers for Digital Rights web presence includes a glossary of terms and concepts, a Facebook Group and the ability to sign—and comment on—a DRM and End User Licensing Agreements (EULAs) petition to the FTC.

Jennifer Mercurio, ECA Vice President and General Counsel, added:

The importance of this issue is mounting, as we move from a packaged goods model, where we own what we buy, to a digitally-distributed model, where we may have a license for what we buy.

As part of its drive into the issue, the ECA also announced the hiring of Robert L. (“Beau”) Hunter, IV as Digital Rights Consultant. Hunter joins the ECA after serving as Manager for IP Enforcement with the Entertainment Software Association (ESA).

FULL DISCLOSURE DEPT: The ECA is the parent company of GamePolitics.

The third time was the charm for French President Nicolas Sarkozy, as the French parliament has passed a law targeting Internet pirates in that European country.

Dubbed the “Hadopi” law, for the government agency that will monitor the Internet for piracy, the law will warn suspected pirates twice, first by email, then by physical delivery, before giving a judge the right to cut Internet access and issue fines and/or prison terms.

According to The Mail Online, the law is expected to begin being enforced before the end of the year.

In a battle of French celebrities, French First Lady Carla Bruni is apparently a proponent of the law, while sultry French actress Catherine Deneuve was against the law, even going so far as to issue the comment:

This law will punish the average amateur user, while the 'nerds' will find ways around it

Video game publishers group ESA has released its annual report for the 2009 fiscal year, which concluded at the end of March.

As noted by Venture Beat,

The ESA fought 43 bills aimed at regulating content or controlling access to video games and none became law... Meanwhile, five states enacted tax incentives for the creation of game development jobs. Another 17 states are considering enacting the incentives.

The group said that it will be hard to get the attention of the federal government and Congress, which is preoccupied with issues such as climate change and healthcare. The ESA wants more done to stop piracy of games...

The Associated Press reports that the Entertainment Software Association, which represents the interests of U.S. video game publishers, spent $1.2 million on government lobbying efforts during the period April-June, 2009.

Looking beneath the surface, GamePolitics has obtained an actual copy of the ESA's latest federal lobbying report. The document shows that Big Gaming has its fingers in a surprising number of legislative and governmental pies. The following are issues which the ESA reports that it lobbied on in Q2:

• Media regulation
• First Amendment protection
• Entertainment industry ratings
• Parental control technology
• Content/video game sale regulation
• Retailer enforcement of ratings
• Piracy
• Copyright Act (believed to be the DMCA)
• Anti-circumvention
• Patent modernization
• Intellectual property enforcement
• Customs reauthorization
• PRO-IP Act appropriations
• Dept. of Justice appropriations
• Dept. of State reauthorization
• Free Trade Agreements
• Special 301 Designated Countries
• Trade Policy Reform
• Domestic regulatory & administrative issues
• Trade enforcement
• Doha Round Proceedings (trade talks)
• Trade Promotion Authority
• Internet Governance
• Virtual worlds
• Online gaming
• Highly skilled workforce
• H1-B visas
• Green cards
• Immigration reform
• ISP management
• Copyright Enforcement
• Broadband deployment
• Broadband policy
• Consumer Product Safety Improvement Act implementation

Agencies lobbied by the ESA include some surprising entities. Here's the list:

• U.S. House of Representatives
• U.S. Senate
• Federal Communications Commission
• Federal Trade Commission
• National Telecommunications & Information Administration
• U.S. Copyright Office
• U.S. Customs & Border Protection
• U.S. Trade Representative
• Department of Commerce
• Department of Homeland Security
• Department of Justice
• Patent & Trademark Office
• FBI
• National Security Council

DOCUMENT DUMP: Grab your own copy of the ESA's lobbying report... (9-page PDF)

Anti-piracy marketing campaigns are sometimes creepy (such as this video which suggests that your mom will be manhandled by the police if you engage in file sharing).

But the Business Software Alliance, which primarily watches out for abuse of productivity-ware, has come up with an antipiracy ad that is actually fun to watch. The parody of Dateline's "To Catch a Predator" series features a would-be pirate humorously caught in a sting. BSA exec Peter Beruk commented on the video:

It uses comedy to convey what is a serious message. It’s experimental.

Via: Wired's Threat Level

A new plan being prepared by the British government would see drastic action implemented against individual file sharers, reports the Irish Independent.

Business Secretary Lord Mandelson (left) will call for a new law that would allow Internet access restrictions as well as fines of up to £50,000 for those found engaging in P2P.

However, former minister for digital engagement Tom Watson has criticized the plan:

Not only do the sanctions ultimately risk criminalising a large proportion of UK citizens, but they also attach an unbearable regulatory burden on an emerging technology that has the power to transform society, with no guarantees at the end that our artists and our culture will get any richer.

Working on the safe assumptions that (a) people like downloading music from the internet, and (b) most people would prefer not to break the law, we should aim to map a way forward for businesses to take financial advantage of the digital market.

The digital era has permanently altered the way media is controlled and distributed, resulting in a relationship between rights holders and the public that is often contentious. Against that backdrop, so-called Pirate Parties have sprung up recently on the European political scene.

Andrew Robinson, who heads the UK Pirate Party, spoke to PC Pro about his organization, its vision, and why the party's name is a problem:

There's approximately 7 million file sharers in this country - you're branding a huge percentage of this population criminals for doing something that doesn't have any proven implications. It's a ridiculous state of affairs... People who copy a movie are lumped in with people who steal cars.

 

Our copyright law is horribly outdated and its skewed one way because all the lobbying is on the side of big businesses...

Competing with the Conservatives while wearing an eye patch isn't going to do us any favours. We've had the [Pirate Party] name foisted on us by the Swedish party, but it's difficult. We need to point out that we're saying very sensible things, while the industry lobby is labelling us as pirates... We're trying to have a proper debate and when people actually listen to what we've got to say they'll realise we're being serious...

New anti-piracy regulations implemented by the Swedish government triggered a 30% drop in web traffic on the day they came into effect, reports AFP.

Some Swedish experts maintain that illegal downloading accounts for 50-75% of all web traffic and the slump indicates that would-be file-sharers were deterred by the tougher laws, which became effective on April 1st.

Under the new regulations, copyright holders may forces ISPs to give up user data on file-sharers. This information could then form the basis for legal action against individual Swedes.

Swedish Games Industry Association spokesman Per Stroemback praised the new law:

[It is] a historic example of effective legislation... No one could predict such a dramatic decrease in illegal traffic and not only that there's also been a huge increase in the legal [download] services.

However, Christian Engstroem (left), who serves as deputy leader of Sweden's Pirate Party as well as a member of the European Parliament, argued that Internet users will be unjustly punished by the new regulations:

This is a completely unequal law, where ordinary people will become scapegoats and will be asked for hundreds of thousands or millions of (Swedish) crowns by the industry. I don't think it will be efficient in the long run. I believe the traffic is going to climb up again after some months.

-Doug Buffone, ECA Intern

Given the recent history of consumer-unfriendly DRM fiascos surrounding Spore and other high-profile PC titles, it's refreshing to hear from a vendor of copy protection software who is actively seeking gamer input.

While we will confess to knowing very little about a DRM product called Byteshield, we note that CEO Jan Samzelius posted in the GamePolitics/ECA forums last night:

We pride ourselves on listening to gamers and try to configure our solution accordingly... We are trying to convince game publishers and developers to put gamers first and organize everything else around it. I want to hear from everybody about what you do not like and then see if you like what our solution does.

Byteshield appears to have received positive reviews from the anti-DRM crowd at The Prism.

GP: This is certainly not an endorsement of Byteshield as I haven't tested it myself. But as a game consumer, I'm always pleased when company execs keep gamers in mind.

A 27-year-old college student arrested yesterday by federal agents is charged with modding video game consoles.

Matthew Lloyd Crippen, who attends Cal State Fullerton, was charged with tweaking systems from Nintendo, Sony and Microsoft. The arrest was made by agents of the U.S. Department of Immigration and Customs Enforcement (ICE), reports NBC Los Angeles.

Modifying consoles to circumvent video game copyright protection measures is a federal offense under the Digital Millenium Copyright Act. The investigation into Crippen's activities came following a complaint by the Entertainment Software Association; the trade group lobbies on behalf of U.S. video game publishers.

Special Agent in Charge Robert Schoch, who heads the ICE office in L.A. commented on the bust:

Playing with games in this way is not a game -- it is criminal. Piracy, counterfeiting and other intellectual property rights violations not only cost U.S. businesses jobs and billions of dollars a year in lost revenue, they can also pose significant health and safety risks to consumers.

Michael Rawlinson (left), who heads British game publishers group ELSPA, details his organization's new - and apparently successful - approach to dealing with the U.K.'s government bureaucracy in a guest column for MCVUK.

Despite some difficult recent years in which most of the political dialogue on video games in the U.K. involved criticism of game violence, the British game biz has scored some big wins of late. Most notable among these was the government's recent adoption of the PEGI content rating system favored by the industry.

At its core, ELSPA's strategy seems to involve working both harder and smarter. Rawlinson writes:

PEGI’s ascent to becoming the sole ratings system for games was a momentous achievement for the industry – and just goes to show how we can really get the Government’s attention when we get our approach right.

 

We’ve deliberately become more professional in terms of our dealings with Government. We’re strategically planning what we do – we don’t just bowl up to meetings, answer questions then leave.

We not only had to convince Government... we also took our arguments much wider, taking in the whole of Westminster, as well as the devolved parliament in Scotland and the regional assembly in Wales as well as the European parliament. Retailers, children’s charities and more were also covered. All of these groups had different needs we had to meet...

If you illegally download software or music, your mom will be wrestled to the ground and arrested by a SWAT team - for cooking pasta.

That's just one of the apparent messages in a modern-day update of 1992's Don't Copy That Floppy.

The Software & Information Industry Association, which created the video, explains (sort of) in its YouTube description of the video:

Check out the trailer...anti-piracy hero MC Double Def DP will return in the summer of 2009 to drop some more knowledge on would-be pirates in the sequel to 1992's "Don't Copy That Floppy! Brought to you by SIIA (formerly SPA)

Via: ZeroPaid

In a recent, highly-publicized court decision, music industry lobbying group the RIAA won an eye-popping $1.92 million verdict against Jammie Thomas-Rasset (left) of Minnesota. That works out to $80,000 per song for each of the 24 tunes that the 32-year-old mother of four was accused of sharing.

How might such a case work out for someone accused of file-sharing video games?

Not well, according to gamer/attorney Mark Methenitis. In his Law of the Game column on Joystiq

If we assume [the Thomas-Rasset verdict] is allowed to stand, the possible implication is that the individual works that comprise the greater work that is a video game could be each pursued individually. So, for example, if you pirate a copy of Guitar Hero 4, you're not only liable for the piracy of the game, but also the piracy of the 86 included music tracks. So, keeping the value at $80,000 per work, your total bill would be $6.96 million. That's only 116,000 times the $60 retail value of the game...

 

It seems likely that a better balance will need to be struck... Is the solution to make small time, individual piracy the speeding ticket of the 21st century, punished with a stinging slap on the wrist when caught? Perhaps...

As for Jammie Thomas-Rasset, her comment on the verdict was, "Good luck getting it from me." Meanwhile, the RIAA has filed some 30,000 similar lawsuits around the United States.

The Pirate Bay going legit?

It would seem so, following the site's acquisition by Global Gaming Factory X. As reported by gamesindustry.biz, GGFX paid USD 7.8 million for what was once the web's top destination for illegal file sharing. That all came to an end, of course, with the recent copyright violation convictions of the site's operators in a Swedish court.

Hans Pandeya, CEO of GGF, explained the deal:

We would like to introduce models which entail that content providers and copyright owners get paid for content that is downloaded via the site.  The Pirate Bay is a site that is among the top 100 most visited internet sites in the world. However, in order to live on, The Pirate Bay requires a new business model, which satisfies the requirements and needs of all parties, content providers, broadband operators, end users, and the judiciary.

Content creators and providers need to control their content and get paid for it. File-sharers need faster downloads and better quality.

Business Wire reports that half of the purchase price is in cash with the rest in stock.

China is mounting a renewed crackdown against "undesirable" online games.

A Reuters reports cites Chinese state-run Xinhua news agency, which attributes the government action to concerns over crime and Internet addiction. More than 40 million Chinese now participate in online games.

Kou Xiaowei of China's General Administration of Press and Publication explained:

Although China's online gaming industry had been hot in recent years, online games are regarded by many as a sort of spiritual opium and the whole industry is marginalised by mainstream society. If we don't make adjustments, the industry will suffer sooner or later.

The lack of a content rating system and widespread availability of bootlegged products have hampered official efforts to regulate games.

The release of today's Digital Britain report  is a milestone, and not just because of its video game-related news.

The BBC has a rundown of other key policy items in the document prepared by Lord Stephen Carter (left). They include:

• three year plan to boost digital participation
• universal access to broadband by 2012
• fund to invest in next generation broadband
• digital radio upgrade by 2015
• liberalisation of 3G spectrum
• legal and regulatory attack on digital piracy

Some of these will impact gamers as well as the general public, especially universal broadband (which the Entertainment Consumers Association has been lobbying for here in the U.S.).

As regards piracy, the British Government appears committed to taking a hard line, as the BBC reports:

The Government believes piracy of intellectual property for profit is theft and will be pursued as such through the criminal law.

Ofcom is to get powers that will make ISPs inform persistent pirates of the illegality of their actions. It will also allow these people to be identified and pursued if that action does not stop them. ISPs will also be encouraged to use bandwidth reduction and protocol blocking to stymie persistent offenders.

However, despite the changes, The Telegraph reports that the music and movie industries don't believe that the Government is being firm enough against pirates. The newspaper quotes Geoff Taylor, head of the British Recorded Music Industry:

Evidence shows that the Government’s ‘write and then sue’ approach won't work. And Government appears to be anticipating its failure by lining up backstop powers for Ofcom to introduce technical measures later. This digital dithering puts thousands of jobs at risk in a creative sector that the government recognises as the driver of the digital economy.

FULL DISCLOSURE DEPT: The Entertainment Consumers Association is the parent company of GamePolitics.

Although our initial coverage of today's Digital Britain report focused on the long-awaited decision regarding ownership of U.K. video game ratings, there is much more to the story.

In relation to PEGI's big win over BBFC, gamesindustry.biz reports that Britain's Video Standards Council will be given tough enforcement powers to ensure that game publishers and retailers conform to content rating guidelines. The VSC will be empowered to fine companies which do not adhere to the PEGI system and, in extreme cases, may even ban titles from being sold in the U.K.

Of the VCS's role in enforcing the new system, EA's Keith Ramsdale told gi.biz:

The VSC will be an independent body, as is the PEGI system, and while I'm sure there's some joining up to do, it's a tough system.

We've gone further than the recommendations and PEGI will impose fines for non-compliance and possible exclusion from the PEGI system for non compliance...

Of course there will be checks on what content people put in, and there will be highly punitive measures should publishers not comply.