Jimquisition: Piracy Episode One - Copyright

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Robert B. Marks

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Jun 10, 2008
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I managed to get about six minutes in before I had to stop watching - just too many misconceptions about copyright and the industry. My background is as an author and the owner of a small publishing company, so I deal with copyright on a regular basis. So, to correct some of the misconceptions in the first six minutes:

1. Copyright IS about protecting creator's rights. However, 95% of it is not about protecting creator's rights from consumers. Most of copyright is a legal framework governing the interaction between those who create and those who distribute the creations, mainly during the contract negotiations. An example of the protection provided is to prevent a distributor from taking a creator's work, declining to publish that work, and then adding a new name to it and publishing it anyway. That goes both ways - another protection is to prevent a creator from selling exclusive rights to a work to one publisher, and then going behind that publisher's back and selling the same exclusive rights to another.

2. Copyright IS built so that the creative artist owns the copyright to his/her work upon completion of the work. In order for the creative artist to lose those rights, s/he has to sign them away. One of the reasons that there are literary agents is to protect authors from contracts that strip them of their rights to their own work. That the equivalent in the music industry often do not do the same is scandalous, to say the least.

3. There are nasty companies out there with highly predatory practices interested only in their bottom line, 'tis true. The music industry is one of the worst out there in that. But that's a problem with industry practices, not copyright law. To say that it's a problem with copyright is like saying that a security company failing to call the police on time during a burglary is a problem with anti-theft laws. Requiring creative artists to sign their entire copyright to a work away in the music, film, and software industries is a nasty industry practice, but it is an INDUSTRY practice.

4. If anybody wants to say that game companies are not injured by computer game piracy, I would ask them to take a moment and count the number of PC game companies that hopped ship to the smaller console market over the last 10 years. Compared to 2002, the computer game world is considerably sparser than it used to be.

5. Publishers are important, and when doing their jobs properly can provide a level of quality control, distribution support, and marketing that a creative artist alone cannot. To say that in the past the need for distributors was an illusion is ludicrous, particularly considering that the internet has only been available to the general public for the last 20 years or so. It may be easier to self-publish now, but it wasn't in the past, and many of the functions of publishers and distributors are still done better by distributors than by the creative artist alone, if for no other reason than the distributor generally has more resources.

Anyway, that corrects the more grievous misconceptions. I really wish that people would do their research sometimes.
 

Robert B. Marks

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Xifel said:
Hitchmeister said:
On the other hand, these big publishers didn't seize the rights away from creators at gunpoint. They walked up and waved a bag of cash in front of them. It seemed like a good deal at the time, and I have a hard time feeling sympathy for anyone who sold their soul, or IP, to EA.*

Then on the third hand, you get stuff like a band posting videos they created themselves of their own music on Youtube and getting takedown orders from their record company because they don't have the rights to promote themselves in any way that might interfere with the company's profits. Yeah, screw that.




*I know EA wasn't actually involved in the example in the video, but I wanted to draw a selling your soul to the devil analogy, and EA just fit so well.
It is true that the creators has been paid for the rights. However I do not believe there are any buisness model that allow the creator to keep their rights. I believe it is "Give us your stuff and we get it out, or stay in the dark".
In a lot of book publishing, the standard contract is for first publication rights. The copyright itself remains with the author.
 

RJ Dalton

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Well, if there's one thing I can agree with, it's that big publishers are nothing but leaches on society that need to be removed from the picture.
 

TheDooD

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Preach it Jim, preach it.

OT

Thats why I only DL'ed SNES, Genesis, NES and Arcade Titles because who am I really hurting because I wanted to play Secret Of Mana, Vectorman, Contra and Raiden 2.
 

HavocS6

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Ariyura said:
Please correct me if I'm wrong, but isn't this why they can't get the IP back for Firefly? Because Fox now owns it?
Yeah, I think it's something like that. It's also the reason why it took nine sodding years to get a new Mechwarrior game, *grumbles* Blasted Microsoft *grumbles*, and don't get me started on that Harmony Gold BS... *grumbles*
At least MekTek was able to release Mechwarrior 4: mercenaries for free in 2010.
 

katsabas

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The problem isn't with companies like Bethesda or Rockstar. It is with companies that are owned by bigger ones that do absolutely nothing to contribute to the project except publish them. But there is a very fine point here that Jim may have missed. I am no expert but I do not think that developpers always have money to publish their own games, like the indie developpers. And when you wanna create something big, you have no choice but to turn to a publisher.

I gotta know though. Is giving up the rights to a title the only way for it to see the light of day ? Cause if yeah, publishers are holding devs by the balls and companies like Criterion, Bioware, Naughty Dog or even Infinity Ward will never be truly free to pursue their own concepts.

The video hits where it has to cause I have been thinking about this for some time. For example, what creative part of any Pixar movie had Disney involved ? Little to none, I bet.
 

scorptatious

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May 14, 2009
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Metal Arms! One of my most favorite games of all time! :D

I had no idea there was a trilogy planned. I knew there was going to be a sequel, but not a trilogy. It's a real shame that the IP is left to rot though. I love that game.
 

Beryl77

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All this talk about those modern "pirates". Sigh, where are the good old times, where are the old-school pirates. Sailing the seas, wearing eye patches, having a talking parrot on the shoulder. Those were real men.

Anyway, let's throw my two cents to this controversial topic.
I agree on most what he's said.
I find it hard to see this as stealing, not that it's totally alright to use others ideas but I just can't see it as stealing. As long as it doesn't really harm anyone, I don't see it as a big problem. If someone pirated some stupid blockbuster movie from Hollywood, I couldn't care less. If it's a low budget indie movie and they need the money, then really go and give them your money if you like the movie. Those are the ones who need, not Hollywood in their current form.
Also, I find it funny that Hollywood whines so much about pirates although without using others ideas and breaking laws they wouldn't even exist. They did the same thing years ago and now they cry when it's affecting them. I can't take studios like that serious.

The RIAA and MPAA and so on, are a dying breed in our times anyway. They're from the last century who can't adapt to the change that's going on.
If the pirates you're fighting just offer a better service then maybe something is wrong on your end. Do something that makes the people come to you, don't force them because then they will always struggle.
Well, not that they're really fighting piracy. They just want to control the internet. That's what PIPA and SOPA are supposed to do. Give them the power that they don't have on the internet. It's obvious that they need the power they have in other parts of our life. Just look at how they threaten politicians who aren't corrupt enough to get bought. It's just ridiculous.
They're obsolete and if they don't change soon, they'll only be history.
 

Wolcik

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The best episode so far I must admit - and I liked quite a few of them. I'm guessing the quality is increasing - however I'd love to see Jim get someone to draw him pictures instead of those low quality panit doodles.
 

zelda2fanboy

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I wouldn't discount the "middlemen" too much. Yes, there does need to be significant reform regarding copyright ownership (which probably won't happen anytime soon since the middlemen have all da moneyz). The creator of Metal Arms didn't HAVE to give his intellectual property to his publisher. They just might not have given him the resources (people, money, facilities, equipment) to make the game if he hadn't. It doesn't make them thieves, it makes them a business. Had Metal Arms been a runaway success, would it have been fair for the rights to stay with the "creator" (one man in a team of dozens, if not hundreds) who just as easily might have said "fuck it" and kept the rights to the game himself and not make any more? You wouldn't be singing this tune had Vivendi/Sierra continued to publish Metal Arms games that were teh awesomesauce without the input of the guy who had the wildly original idea of giving robots guns.

I do like the idea of copyright reverting back to people responsible, rather than sitting in on a dusty shelf useless somewhere in the nether realm. But to determine something like creative ownership, you might need something like, say a union that has rules and stipulations about who is responsible for something. And even then with cases like SAG and the Writers Guild and the Directors Guild, it's hardly fair. See for example what happened with Roseanne not getting a lucrative "created by" credit on her own show with her own name, based off of her stand up comedy.

But to say mediafire or megaupload or rapidshare, who risked nothing, put up nothing, invested nothing, and are merely copying and pasting the work (of not just one person, but many people) and then charging people for that service, that is a form of theft. And it's not like these "legitimate" middlemen didn't pay for the ownership of these properties or don't deserve the rights to them. If you inherited a painting, should it be taken from you by force for the good of everyone else? If they keep these properties to themselves, it's their own financial loss.
 

The Last Nomad

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Oct 28, 2009
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And I thought it was bad when copyright owners went on with an IP without the original creator, its nothing compared with the thievery you describe here Jim. Although, if that guy sold the rights to Metal Arms, then really they (Activision or whoever) do own it do they not? They are still acting asshole-ishly but they didn't steal anything.
 

Adam Jensen_v1legacy

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Sep 8, 2011
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Fuck publishers. They're the reason gaming has turned to shit. There would be less piracy if they gave a fuck about the industry, but no. They only care about money. Old men who don't have a clue about gaming are running our industry.
 

wooty

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Aug 1, 2009
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This certainly has been the year for corporate hate.

Thank you Jim, sorry, THANK GOD FOR JIM, I now feel slightly less dirty for using MU for all my schoolgirl with a sword fighting demons and stuff programmes.
 

Ewyx

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Dec 3, 2008
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Honestly, I lost all sympathy towards major publishers last night, while installing an EA game, that I legitimately bought from steam, they have the NERVE to ask me to activate it again?

Fuck you, fuck your retarded DRM system. I'm never buying anything by EA again. If they treat me like I'm a criminal, I'm going to be one. Psychology 101.

Also agreeing with Jim... new one for me.
 

Rad Party God

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Feb 23, 2010
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I used to pirate a shit ton of games back in the day and with the economy of my country, I don't blame anyone who does, but I'm trying to do the right thing, buying everything I can legally and if I can't pay for it, I just don't pirate it, period.

I learned the hard way, when I used to buy pirate DVDs of PC games, that I'm not getting this stuff at a discount, I'm paying the asshole who just burned the fucking disc and I'm helping him in making a living out of this, instead of giving my money to the developer who rightfully deserves every single penny.

I, too, am losing faith in major publishers, but that doesn't mean I'm going rampantly downloading every single game I come across, I just don't support neither the publishers (specifically EA, UbiSoft and Activision/Blizzard), nor the people who uploads their games in torrent sites, IE: The Pirates.
 

killercyclist

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man, when this series started i thought it would just be some sarcastic dude talking himself and his beliefs up, but over time jim has proved to me that he has a really firm grasp on the important issues of gaming today. i really think what he has to say is valuable and we should pay attention.
 

newdarkcloud

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Sober Thal said:
newdarkcloud said:
Sober Thal said:
Jimothy Sterling said:
Sober Thal said:
Fun fact. The artists and developers own 100% of their IP. They then decide to sell the rights away for money and more resources. Duh.
That's what happens when the rights-buyers have rigged the game in their favor before the artists create their art. Duh.
Creators have a choice to sign these contracts. Are we implying that these people who make games don't know how to read?
Publishers won't even look at a developer if the developer wants to keep the majority share of the rights to the IP. The only exception is when the developer has already become well known enough to have publishers compete for them.
What's wrong with that? Are publishers just supposed to gamble away money on possible crap product?
Isn't that the inherit risk of the medium? Games can be successes, flops, or somewhere in between. I'm not saying they don't deserve a share of the prophets and some control over the project. I'm saying they shouldn't have absolute power. It's there right to revoke their future funding if the game isn't panning out or if the developer is being lazy. It's their right to contract developers to make certain games. That's business, I've got no problem at all with that.

But instead of forcefully trying to acquire the rights with the current "sell us the IP or fuck off" style, it would be better to engender positive relationships to convince developers that they are getting the best deal possible by signing on with that publisher. It's the classic carrot or stick conundrum.
 

MetalDooley

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meganmeave said:
The reason I think it is still stealing to pirate a game like Metal Arms, is because the publisher that rightfully paid the creator for the rights to that game entered a contract saying, "I promise to give you money now, on the hopes that I can make a profit off of this thing in the future."
Activision own the rights to Metal Arms now despite the fact that they didn't put a cent into the development,publishing or marketing of the game.That's why Jim is saying he couldn't condemn anyone who pirated it now