Jimquisition: Sony, Nintendo, EA and SOPA

[Poisoned Al]

Ah America, land of the free.

 

[warfjm]

I can't re-post this video because of all the expletives.

 

[Spaceparanoid42]

Sounds like something the chinese would pass.

Tell me about it. I could see this kind of censorship law being made in China or North Korea or something, but to have it being seriously considered in the USA is really appalling. Weren't we supposed to represent freedom and liberty? Why the hell are we about to pass something that goes so fundamentally against what we supposedly stand for? America has a lot of issues right now, but this... this is just disgusting.

 

[winter2]

The way Jimbo described it makes it sound absurd. Is it really correct?

 

[maiiau]

How would this effect sites based elsewhere?

...couldnt you just move your business... somehow... if this only effects america?

Nope. The law also gives those corporations the ability to force an ISP to block sites with infringing content that come from outside the US.

Bullshit. America is passing a bill that lets it force companies in other countries to shut down their sites?

What a load of baloney. I could open a gameplay streaming website hosted internationally and they wouldn't be able to do fuck all about it.

They would be able to block anyone in the US from seeing it.

 

[mrF00bar]

I'm in the UK and I can see how this would effect me, if there is anything I could do to actually impact the chances of this going through I really would. Are there petitions I can sign or something even though I'm in the UK?

 

[The White Hunter]

Sounds like something the chinese would pass.

Tell me about it. I could see this kind of censorship law being made in China or North Korea or something, but to have it being seriously considered in the USA is really appalling. Weren't we supposed to represent freedom and liberty? Why the hell are we about to pass something that goes so fundamentally against what we supposedly stand for? America has a lot of issues right now, but this... this is just disgusting.

I know right, I'm not an expert on american law or anything, I've never even been there let alone lived there but don't you guys have some consitution that american TV likes to bang on about or something? Y'know, that free speech thing which lets you say what you think of things and so on. Buggered if I know.

Limey man, away!

 

[DigitalSushi]

I don't live in the USA so I don't give a fuck.

It has a far wider reaching audience than just the USA, I don't think you realise the implications involved if this bill goes through.

The way its worded now, all the Lets Play video's you might be watching... not allowed. The Mighty Hutch of Machina fame, not allowed, etc. etc.

 

[w00tage]

Wow. There's a lot of these. I'm betting that we have a bunch of Washington lobbyists + lawyers who have "come to a common agreement about the best way to protect our clients" and are pushing these kinds of bills all over.

The subject has a solid sales pitch - "fight IP thievery", "protect your business" etc., and it will spawn a new billable for both lobbyists and the legal industry. Add in the "successes" of the RIAA (in which lots of lawyers got paid for suing lots of people who couldn't pay) and it becomes pretty clear that the main beneficiaries will be lobbyists and lawyers. Again.

 

[w00tage]

Sounds like something the chinese would pass.

Tell me about it. I could see this kind of censorship law being made in China or North Korea or something, but to have it being seriously considered in the USA is really appalling. Weren't we supposed to represent freedom and liberty? Why the hell are we about to pass something that goes so fundamentally against what we supposedly stand for? America has a lot of issues right now, but this... this is just disgusting.

I know right, I'm not an expert on american law or anything, I've never even been there let alone lived there but don't you guys have some consitution that american TV likes to bang on about or something? Y'know, that free speech thing which lets you say what you think of things and so on. Buggered if I know.

Limey man, away!

No, that's pretty much just about protesting government actions. You can't say anything bad about anyone else or any business or it's slander, libel or worse against you. And Fair Use has been under attack both via IP rights claims and via legal subterfuge (DMCA) so that media industries can resell the same content to you over and over at full price, even though your first purchase is supposed to transfer a license to view it in perpetuity.

So no, no such luck on the whole "rights" thing. This is more the Competing Assortment of Oligarchies than the United States of America these days.

 

[The Funslinger]

I'm just wondering. If this passes and everyone who hosts themselves in the US, hop country and host their servers elsewhere, how long it will take the US to flop its dick around and extend its big floppy juridstriction to other countries? And how long it will take them to be told to fuck right off.

Your penis metaphor burns my mind. Literally, upon reading this, a burning pain shot through my head.

.. Wait, wait... wait. Nintendo, Sony, and EA.. support this Bill?

Truly this is just filled with corruption. No company, no matter how much we've respected and admired them for years... will be fair in the long run if this bill passes. They'll take advantage of it till our eyes bleed, which in truth is literal because the censors shall sky rocket on ever little aspect that shows a trailer or some gameplay containing their game. Heck, they can even tamper with other company websites to limit competition. Not to mention it doesn't just affect gaming.. it affects shows, movies, books.. maybe even live events which can be censored online and more.

The bill itself shall ruin everything we know and love. We're not fools, this is serious (very serious). I can't believe those three game companies along with some others support this.. it's just disgraceful. They can take this website down since it's all about gaming with trailers and spoilers.. sites on Google will be stripped and worst part is- we can all become criminals for using one of their games even for a good cause. 5 years in prison... over something such as this. I'm disgusted, and I am honestly disappointed in ALL of you companies.

Good job Jim, I respect you for pointing this out. Let's make sure that bill stays down for good.

It does pretty much feel like this could destroy years of progress, doesn't it?

Strange that just as my life returns to a measure of peace the modern world seems to be putting a gun to its own head.

 

[IKWerewolf]

This is a knee jerk reaction laid down by EA, Nintendo and Sony!

This is dangerous not because of what has already been said by Jim. It can be a threat to reviewers as this can be held over the head of all sites... "GIVE US A GOOD REVIEW OR WE HAVE YOUR REVIEWER ARRESTED!"

Now I'm not saying Piracy is a good thing but as a tool it isn't bad, its the way the end user uses it (CORRUPTION can happen to anyone in a Free Market even the buyer) and I choose as a User not to use it.

Seriously though, this could backfire on anyone who uses the law... and benefit those against it... think about it, EA refuses streaming on all sites but Mojang turns around and on his site says "I wave my right to enforcement under the Stop Online Piracy Act." What would happen?

Well for starters Minecraft and other games he produces would get more streaming time. More people will see these games in action as players do gameplay videos of his games. Players will have the information required to make an informed choice to buy the game so more sales.

Secondly, depending on how strong EA uses the Stick, Reviewers may refuse to review games from EA and they can legally do this unless there is a long term contract involved.

Reviewers are supported if they tell the truth and with this law along with the 'Arrest' example they have two options...

1) protect themselves by lies about a game (ie it's good when it's not) and lose support of the gamers and actually die out due to users drifting away due to the lies.

2)Refuse to review the game and BAN EA games from the site permanently which in the short term would lose money but in the long term they will be stronger and supported by the gamers.

At the same time, if a total boycott of EA games occurs by all major trusted reviewers then EA would immediately have no-one reporting externally about their actions. The Hype Machine relied on by EA to get it's games bought would collapse and with it, possibly the company!

Thirdly the internet will adapt. It might sound weird but divide the internet in 2; those that would benefit from SOPA and those who would not... and then decide which side of the line all players would like to be on... Answer: with Facebook, Google etc. who believe in a free internet.

Taking three scenarios lets look at the internet post-SOPA. The internet will be stronger than ever with real debate, real choice (oh I'm sounding like a politician) and real chances for those who shun the SOPA act and allow their games (under a Fair Use Policy) to be shown by the people to the people. Those that glued their backsides to EA for the money will die out when the trust of the gamers are lost and those that don't will find themselves in a new age of gaming catering for gamers.

Critically the US government and EA will have failed in their tasks; EA would stop making money so would close and the US government will have failed to protect EA, the jobs they had and their reputation with it.

So let EA play with its new toy... they are betting 10,000 jobs on it!

 

[jthwilliams]

I want to start by saying, I don't support his bill, but .... Please tell me one thing that is legal now that will not be legal if this bill passes?

http://en.wikipedia.org/wiki/Fair_use
http://en.wikipedia.org/wiki/Stop_Online_Piracy_Act

Also show me where it says that a company will be able to act on its own. Also the bill is specifically targetting websites that our outside the US jurisdiction and it doesn't take them down it forbids US companies from paying a company for illegal activities.

The bill would authorize the U.S. Department of Justice to seek court orders against websites outside U.S. jurisdiction accused of infringing on copyrights, or of enabling or facilitating copyright infringement.[4] After delivering a court order, the U.S. Attorney-General (AG) could require US-directed Internet service providers, ad networks such as Google and payment processors such as Paypal or Visa to suspend doing business with sites found to infringe on federal criminal intellectual property laws and take "technically feasible and reasonable measures" to prevent access to the infringing site. The AG could also bar search engines from displaying links to the sites.[11]




So basically, This is a anti pirate bay bill.


The only part in the bill that really disturbs me is the fellony charges for streaming IP materials. It seems like that is a civil mater and that there is too much danger that a honest disagreement of fair use could then be considered a criminal rather than a civil issue. However, I believe we have lots and lots of law protecting free speech and fair use.

I would be willing to bet that the part of this bill that keeps it from being passable is exactly that.

 

[sleeky01]

Just thought I would remind people what a "company" is capable of with just a little legal muscle.

http://www.escapistmagazine.com/news/view/111112-U-K-Judge-Crushes-Tim-Langdell

This guy made a career on trademark infringement cases before he finally got smacked down.

Now if someone like EA or Sony had REAL legal muscle for trademark infringement...

And it's not just the game industry. This applies for Hollywood as well.

 

[maxmanrules]

How would this effect sites based elsewhere?

...couldnt you just move your business... somehow... if this only effects america?

Nope. The law also gives those corporations the ability to force an ISP to block sites with infringing content that come from outside the US.

I think he may mean abandoning America and its censorship there and moving somewhere else, to work there, without censorship.

 

[maxmanrules]

I'm just wondering. If this passes and everyone who hosts themselves in the US, hop country and host their servers elsewhere, how long it will take the US to flop its dick around and extend its big floppy juridstriction to other countries? And how long it will take them to be told to fuck right off.

Too long. The problem with this idea is that the Americans are likely to get all shitty about it and someone is likely to give in. They've already pushed an anti-piracy law into New Zealand.

 

[punipunipyo]

Jim, you sounded like you were about to cry.... :'(. I for one would hate to see this bill pass. I like talking about gaming, and making gaming videos even more so then I like talking about video games. But this goes with everything. Watching clips of a Family Guy Episode like this listed below


this could be against the law.... ;'( so can this



I mean don't take this away. Ugg. wow this is such a touchy topic.

NOOOOOOOO ~ NO!!! MOTHER!!! DON'T MAKE ME GO BACK TO TV!~ NOOOOOO~ WTH? why would they do this to us? isn't it bad enough that we are clinching on to our daily jobs, to serve the great capitalist machine... breaking our backs, to earn shit wages... to come back to our home which we couldn't even spent weekends in (because I work in the weekends too... backward mortgage... go figures...), to lay our selves down in our work room, while firing up the "late night jobs" (i'm sure some of you have as well... like photo shop, vid/sound edit... ETC), stray off to some nice relaxing internet funnies, game news/reviews... (wait... did they want to pass this law so they can threat meta reviewers?) Web comics...Etc. DAMN THEM THE top 2% bastards/bastress, they are fed too well, and their appetites had gotten bigger, and now they want to cut in to ours, I hope they get what they deserve... uprise!

 

[maxmanrules]

First thing is first.

Jim, I don't know how much your acting for effect but I think you overdid it a bit this time as you seemed a little bit off your rocker and a little incoherant at times. You might want to sit back and try and re-record this message a bit calmer and elaborate a bit more.... also the whole "Streaming God Of War for Charity" thing was kind of "WTF" because honestly giving away someone elses game for a charity (which might not even be genuine despite what was claimed) would be pushing it.

That said, this bill *IS* really bad, and represents a lot of things that game and media companies have wanted to push for a long time, and it is really an Orwellian nightmare of a bill.

The issue with this is that by definition things like game reviews, let's plays, or even people doing FAQS for sites like Gamefaqs could also be considered violations. High traffic sites like Youtube which couldn't be effectively policed if they wanted to are pretty much doomed, and this is to say nothing of P2P services which do have legitimate uses other than piracy.

Strictly speaking a game company SHOULD have to go through the proper channels and specifically identify and chase down specific offenders as opposed to being able to decide "well Youtube has something we don't like, so let's lock it down". The issue of
course being that it's too time consuming and expensive to pursue things that way. Even verifying and pursueing a single case could take a lot of time and money, so it's easier to just shut down anything they find suspicious.

I'll also be blunt in saying that I think the current issues with Metacritic have a lot to do with this as well, albiet indirectly. Simply put, the game industry is realizing that while it can sway professional reviewers and ensure no product with a decent investment of cash gets lower than say an 8/10 rating in most cases, it can't do this reliably with specific users or independant reviewers who have no financial stake, not even so far as them being able to threaten to pull advertising revenues. Given that some popular reviewers on things like Youtube can pull truely massive numbers of hits, and actually do sway opinions, the gaming industry is doubtlessly also considering that they could shut these sources down. Someone like Whiteythereviewer, or Danae from Checkpoint Basement Level could get Youtube shut down as a whole just by showing footage from a game they are playing to illustrate a point.

I also know that there has been some talk fairly recently about the problem with online FAQS and walkthroughs, because game companies and cluebook publishers increasingly want to charge $20 or more for digital strategy guides, and really there is no point to buying a digital strategy guide when a month or two after the game comes out (tops) someone can just hop on Gamefaqs and find a guide there, or even find a dedicated wiki to the game in some cases. This bill could be used to basically shut down their competition here, and close every cheat/strategy site and fan page/database on the internet which I'm sure some bean counter is drooling about as I write this as they count digital cluebook sales figures in their heads.

This is a lot of stuff I'm talking about here, but the bottom line is that as I understand this, this is going to be a very bad thing. This law exists to basically circumvent the existing system because companies find it inconveinent to play by the rules.

Of course a lot of this also gets into intellectual property laws to begin with, and I think a lot of these problems started when they made them so tight knit for the owner of an IP. Technically according to the definition something like a FAQ should be illegal despite the long-term existance of such things... and that's part of the problem. When we're dealing with properties that are pure information (as opposed to say information used to make an actual product like a patent or copyright) I think there needs to be a lot of limitations put in place because there is more at stake than the information itself, but people's very freedom to communicate when you get down to it. In the case of IPs I think it's a problem when say China takes the formula for a drug like Viagra, makes an actual physical product using it, and then sells it. In this case though your pretty much saying that a picture of a game being used for review purposes, or even just text and descriptions talking about content in the game, could be considered theft. This is more akin to me telling someone that Viagra exists, or my experiences with the drug rather than stealing an actual, physical product. Games DO need to be protected from someone copying the entire thing and giving it away for free (or selling it) but this is far too inclusive to my understanding, and Jim is right that this law could shut down pretty much the entire internet gaming community, or at the very least turn it into a paranoid police state with everyone running a website being terrified to let anything be said for fear of being shut down. Just imagine a situation where a spoiler might not just ruin a bit of a game for someone, but actually be a felony because you've revealed protected information.

First up, excellent essay dude, but your last point really seems to emphasise that we need to make proper fair use laws that regard things such as this. Though, if we did, hey would be fucked up by the large companies with lots of money *sigh*

 

[maxmanrules]

Huh, to plagiarize Jim, 'thank God... that Microsoft isn't in on this bill too.' At least ONE of the software giants realises this is a stupid idea.

And what worries me, is that the bill (correct me if I'm wrong) doesn't just limit companies to taking down US-hosted sites. If this goes through, it could possible allow companies FULL RIGHTS TO THE ENTIRE FUCKING INTERNET.

Again, correct me if I'm wrong, and I sure hope I am.

You're half wrong. They can block sites hosted offshore, say in Europe, from being viewed by americans, and they can stop American companies from giving them money, things like Paypaal and advertising revenue sources, like google. However, everyone else can still access the sites, just not Americans. The loss of American revenue would hurt the sites though, cause America is a largely online country.

 

[maxmanrules]

I'm just wondering. If this passes and everyone who hosts themselves in the US, hop country and host their servers elsewhere, how long it will take the US to flop its dick around and extend its big floppy juridstriction to other countries? And how long it will take them to be told to fuck right off.

well if you really wanted to go somewhere that doesn't give a f*ck about intellectual property rights, you could go to mainland China, lol. Seriously I don't think you would have any trouble over there as long as none of your videos say anything bad about the CCP.

Yes, except China is a horrible place to live. China censors the net anyway, but yeah, they probably encourage piracy, and god knows we've seen enough state-sponsored cyberattacks directed at everything from google to the pentagon.