The Big Picture: Copywrong

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gargantual

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MB202 said:
Also, King George wasn't really a bad king. In fact, he was one of the best Kings Great Britain had, in recent memory anyway. At least from what I've heard. He didn't even really want to go to war, since he was having a few problems of his own, back in Europe.
Ah. That's a good point. was it the PM Lord North and some in parliament that wanted to continue the war after Yorktown? Anyone who is more versed in the British side of this story fill the blanks for me please. I pretty much understand the usual highlight reel and the factual bits from '1776'
 

Entitled

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Banzaiman said:
Perhaps the reason for that is because I'm thinking in terms of real world logic (and tangentially, that might be the reason for a lot of anti-piracy crap that comes up). I can't help but equate copying a file and sharing it on the internet to taking a physical book or disc and somehow making a complete copy of it to share in the real world.
Yeah, and I'm pretty sure that a lot of that isn't coincidential either. For example, here is a chart [https://books.google.com/ngrams/graph?content=intellectual+property%2C+copyright&year_start=1800&year_end=2008&corpus=0&smoothing=1&share=&direct_url=t1%3B%2Cintellectual%20property%3B%2Cc0%3B.t1%3B%2Ccopyright%3B%2Cc0] about the occurences of the phrase "intellectual Property", and how unlike the actual centuries-old legal definition of copyright, it's pretty much an ammunition of the recent digital age copyright debates.

Basically, publishers like to present their copyright monopoly as "property", so that it's not seen as a regulation that needs to justify itself by practicality, but as part of their human right to ownership that shouldn't be "taken away" to any degree unless necessary.

So they keep arguing whether a Public Domain or a Fair Use limitation on "letting them keep their stuff" is necessary at all, instead of what price their current control has compared to it's benefit.
 

Kmadden2004

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Deadagent said:
Kmadden2004 said:
Um... great artists are allowed to create whatever they want.
Reality [http://www.gamespot.com/articles/square-enix-shuts-down-final-fantasy-vii-web-series/1100-6412449/] disagrees [http://www.dualshockers.com/2013/08/10/metroid-fan-film-seeks-funds-on-kickstarter-because-the-final-fantasy-vii-lesson-wasnt-enough/] with you.
Now, Im not saying these people are neccearly great artists because I have no clue about the quality of their output.
But to begin with what makes a great artist is subjective. Second I'm pretty sue "whatever they want" Includes fan projects like this, and as you can see, they can't do it without being greeted by lawyers.

And yeah, I'm opposed to this copyright bullshit, as to why:

Short version:
Long Version [http://everythingisaremix.info/watch-the-series/]
Well, I'm not against copyright. Guess why?

I'm an artist.

And copyright law prevents my work from getting stolen. So for you to just dismissively turn around and call pretty much the one law out there that protects my income "bullshit" doesn't leave your attitude particularly endearing to me.

Does that mean there's no room for improvement in the current landscape? No, I do think the current laws do need to be rewritten to accommodate the changes in technology and culture that could never have been foreseen back when these laws were first written. Does that mean I agree with what's going on with YouTube right now? Hell no, the vast majority of the guys getting hit by the Content ID system are well within the realms of fair use.

But that does not mean that copyright laws should just be thrown out all together because, for guys like me, they are a helluva lot better than the alternative.
 

Entitled

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Banzaiman said:
The Walking Dead games, other than the appearance of Glenn in the first Episode of Season One, actually have little to no connection to either the comics or the TV series beyond "they both have zombies in them".
Yet it couldn't have been published without Telltale's permission. If anything, you are demonstrating my point, this is an example of too much copyright control, that the existence of a quite "original" story like that is still depending on other publishers' permission.

Banzaiman said:
The League of Extraordinary Gentlemen is a different set of circumstances, as it actually fits into the broader category of satire. Alan Moore took those characters to write a commentary on literature and propaganda.
And I haven't said anything about MY hypothetical Spiderman comic not having satirical tone.

I'm pretty sure that you couldn't get away with using copyrighted characters as protagonists in your own published stories with that excuse.

Satire is the most narrowly interpreted section of Fair Use, essentially it only works in non-profit works or non-significant scope.

Banzaiman said:
What you're describing is fan-fiction
It is "fanfiction" by the virtue of being legally unpublishable, not by a real measurment of failing to be a creative work. I could name hundreds of other examples of public domain or licensed stories written by someone else than the IP creator, that are no more "original" than even the average fanfiction, they are merely more official.

There are stories published on fanfiction.net, such as the Alexandra Quick [https://www.fanfiction.net/s/3964606/] series, that has less to do with Harry Potter than Walking Dead with it's show counterpart, or like Harry Potter and the Methods of Rationality [https://www.fanfiction.net/s/5782108/1/Harry-Potter-and-the-Methods-of-Rationality], which has more skillfully employed it's canon protagonists for satire than Alan Moore ever did.

Yes, what I'm talking about is fanfiction. But fanfiction itself is an abomination caused by hiding piles of creative works as bannable from publishing, keeping them on an unprofesional level, hidden among a million amateurs.
 

Canadamus Prime

Robot in Disguise
Jun 17, 2009
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Some form of Copyright Law is certainly necessary, but Copyright Law as it currently stands is incredibly fucked up.
 

Weaver

Overcaffeinated
Apr 28, 2008
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I lol'd so hard at the "what's left of the record industry" bit :p
Bob, you're not really a comedian but sometimes you really make me laugh!
 

Saltyk

Sane among the insane.
Sep 12, 2010
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I agree with you, Bob. I feel that copyright is something that is a good thing. Defending those who create content from others who would steal it. Or make cheap knockoffs. Or just make something that is based on another person's work. Imagine if someone made a show out of a character you created and you had no recourse to sue them.

That being said, abusing your fans who are trying to enjoy and share your work is not a good idea. Taking down reviews won't help you. Imagine if no one was able to review The Room. How many people would never have even heard of that movie? How much money would it have even made?

MB202 said:
I cannot share this video enough times... The best part about the video was when Bob went on a mini-rant about how people think artists shouldn't care about money. For Heaven's Gate, I can't tell you how many times I see fans flipping their lid over the very idea that a creative party is trying in some way, shape, or form to get money, or trying to make a living off of what they enjoy doing. It's ridiculous, absolutely asinine, and shows just how small-minded most fans of these kinds of things on YouTube and the like are!
I don't consider such people to be fans. Why wouldn't you want your favorite band to enjoy success? That way others get to enjoy their music, too. To me, they just want to feel special and have something others don't.
 

Deadagent

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Kmadden2004 said:
Well, I'm not against copyright. Guess why?

I'm an artist.
If I had a 5 cents (living in europe) everytime someone used this argument.

Yes, of course. You are one of the chosen people to create arts and you with the other chosen few, truly understand the struggle of creation.

Dude, spend enough time online (or live long enough in general) and you should realize few things
A) You are worthless no matter who you are
B) You are not the only one on ANYTHING. So you are not the only one who understands
C) You dont have to be an artist to have heard this stuff countless of times

I don't know you but I assume your an adult and as an adult I expect you to understand all of what I mentioned above

TL;DR: You're not special, deal with it

And copyright law prevents my work from getting stolen. So for you to just dismissively turn around and call pretty much the one law out there that protects my income "bullshit" doesn't leave your attitude particularly endearing to me.
Im not here to please you, I'm here to tell the truth as I see it.

Futhermore, If you had watched the video, you would understand that im not completely against copyright, but I am against it's current state, and will continue to do so as long as I think the system is broken.

Does that mean there's no room for improvement in the current landscape? No, I do think the current laws do need to be rewritten to accommodate the changes in technology and culture that could never have been foreseen back when these laws were first written. Does that mean I agree with what's going on with YouTube right now? Hell no, the vast majority of the guys getting hit by the Content ID system are well within the realms of fair use.

But that does not mean that copyright laws should just be thrown out all together because, for guys like me, they are a helluva lot better than the alternative.
I never proposed to Abolish the system completely, Im proposing the return to the 28 year model.
 

Jennacide

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The really hilarious thing about Youtube's content ID system is how completely idiotic it is about cross checking data. Numerous devs/publishers that don't want to deal with claims are having to tell users to protest strikes on their record so they can just green flag it and get on with it.

And then you get to the really funny part, the content ID system putting strikes on users for THEIR OWN CONTENT. In particular, this happened to AMC's channel for having the Breaking Bad promos and commercials of THEIR OWN SHOW, and Jonathon Blow's channel for his preview footage of The Witness. Blow's in particular was funny, because the strike claimed Sony owned the game, but Blow is self publishing the game again like he did with Braid. So Youtube's system is not only stupid, but wrong.
Kmadden2004 said:
I'm an artist.

And copyright law prevents my work from getting stolen.
I'm just gonna put this out there: No it hasn't. Never, in the history of ever has copyright law prevented theft. It has given you ways to punish people for the theft, or the belief that maybe it would prevent theft, but it hasn't. If you find people trading your work online, the theft has already happened. Now all you can do is file a DMCA if you're in the US, or whatever relevant law in your home country to get it taken down. Copyrights and patents are all over the place in the world, and yet ideas and content are stolen every single day. Copyright laws are basically a warm blanket to wrap yourself in and hope they are working. But we live in the real world.

To put it in a simplier example, take what major game publishers and devs are finally realizing, and some have said for ages (like Valve): "You can't beat pirates." It can't be done. The DMCA and others of it's ilk are just like DRM in games. They don't really deter a whole lot, and just make things harder for legitimate users. If someone posts a video review of GTA5 that has the background music running, should they be punished for the 5 seconds of ACDC you hear playing the same as someone that posts a torrent of the newest Hobbit movie?

Copyright laws are super broken, and need to be fixed.
 

Kmadden2004

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Feb 13, 2010
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Deadagent said:
Kmadden2004 said:
Well, I'm not against copyright. Guess why?

I'm an artist.
If I had a 5 cents (living in europe) everytime someone used this argument.

Yes, of course. You are one of the chosen people to create arts and you with the other chosen few, truly understand the struggle of creation.

Dude, spend enough time online (or live long enough in general) and you should realize few things
A) You are worthless no matter who you are
B) You are not the only one on ANYTHING. So you are not the only one who understands
C) You dont have to be an artist to have heard this stuff countless of times

I don't know you but I assume your an adult and as an adult I expect you to understand all of what I mentioned above

TL;DR: You're not special, deal with it
Wow, that's quite a chip on your shoulder, kid.

Seriously, where the hell did this come from? I never said I was special, I just said that I was an artist.

Jeez, no need to be a dick about it, or anything.
 

gargantual

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Jul 15, 2013
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Kmadden2004 said:
Deadagent said:
Kmadden2004 said:
Um... great artists are allowed to create whatever they want.
Reality [http://www.gamespot.com/articles/square-enix-shuts-down-final-fantasy-vii-web-series/1100-6412449/] disagrees [http://www.dualshockers.com/2013/08/10/metroid-fan-film-seeks-funds-on-kickstarter-because-the-final-fantasy-vii-lesson-wasnt-enough/] with you.
Now, Im not saying these people are neccearly great artists because I have no clue about the quality of their output.
But to begin with what makes a great artist is subjective. Second I'm pretty sue "whatever they want" Includes fan projects like this, and as you can see, they can't do it without being greeted by lawyers.

And yeah, I'm opposed to this copyright bullshit, as to why:

Short version:
Long Version [http://everythingisaremix.info/watch-the-series/]
Well, I'm not against copyright. Guess why?

I'm an artist.

And copyright law prevents my work from getting stolen. So for you to just dismissively turn around and call pretty much the one law out there that protects my income "bullshit" doesn't leave your attitude particularly endearing to me.

Does that mean there's no room for improvement in the current landscape? No, I do think the current laws do need to be rewritten to accommodate the changes in technology and culture that could never have been foreseen back when these laws were first written. Does that mean I agree with what's going on with YouTube right now? Hell no, the vast majority of the guys getting hit by the Content ID system are well within the realms of fair use.

But that does not mean that copyright laws should just be thrown out all together because, for guys like me, they are a helluva lot better than the alternative.
Whoa he's not saying copyright should be thrown out all together. It's current form not adapting to way people create is bs. It's backwards thinking. Because on every economic level we're not protected. At least a more accessible and easy licensing communication system should be forged to ensure everyone's getting paid, when ideas are copied transformed and reproduced. but that the public domain doesn't remain stagnant because large corporate entities want additional decades of limits to material you want to appropriate in reasonable and economically harmless levels. If you checked the 'Everything is a Remix' link and saw the fourth video you'd see the problem is that it's getting to the point that it services market disputes, and even sample trolls and patent trolls that exist only to digging through all sorts of published creative properties and make money off random lawsuits When they haven't put the work in either. Thousands of songs are painstakingly constructed from scales and rhythm. Some dont take more than a few hours in the studio and mixing and mastering tricks. Who gets the lionshare of that effort and argue even more about copyright? People selling marketing and promotion. Some (not all) but some who don't understand their artist's true intention, who don't necessarily contribute enough to the forging of creations None of us likes people taking their ideas but how much longer after our natural lives should they service only us, and how long will it be before real world concepts, (not just old media ones) become off limits for common commercial artworks, and who will own those properties.

I think this is turning into another question what matters more, the flow of ideas (despite how confusing and disagreeable, or shameless public works can be) or artistry being a more nebulous market protected standard, in order to protect the integrity and economy of what was already made. We all need to get paid as creators, but the job of art is future education and inspiration of all mankind. It has to get off it's pedestal and get up there in the chop shop to really do that. The best way it can be done is allowing others to deconstruct it and re-contextualize it for themselves. Not everyone's going to understand certain artworks on the original artist's terms. Even at the commercial level. Look at what Id, and Valve did by giving out the source kits of DOOM and Half-life to the modding community. Not everyone has to allow their property to be freely changed and un-commercially shared but they knew actions like that were important to fostering the legacy of their creations, and a future contributors who as Gabe Newell himself admits "have far surpassed us."
 

Christopher Parker

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I'd just like to point out that in many cases it isn't the publishers but Google to blame for this. Take Angry Joe's situation, for instance. Both his good and bad reviews were taken down because of the Youtube system for auto flagging copyrighted materials. Hell, some of his videos went down because of trailer footage (public domain by definition, I would have thought), and some of them went down because he used music that he's purchased from a company who specialise in music for Youtube videos - they'd added their music to the autoflagging system not because they wanted to stop people using their music, but because other people were putting up false copyright claims on their music on Youtube videos. They had to screw over their customers temporarily to protect those same customers from being screwed over more permanently by random assholes on the internet.

My point? Youtube's copyright protection policies are at fault here more than anything else. Sure, Nintendo and Sega have been jackasses lately (there's a reason why Total Biscuit won't do any videos regarding Sega games), but the lion's share of blame belongs to Google for their shit DMCA system. Hell, I can bring a video down that I don't like by claiming copyright, even if I don't actually have any right to it. They can dispute it, but if I dispute their dispute, they have to actually go to court, and most Youtubers won't bother.
 

gargantual

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Jul 15, 2013
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In the essence of how copyright always reminds me of this old article by Brent Silby I feel the point that has been cited by many from an art perspective even Greg Tito, and that Kirby Ferguson guy with the "Everything is a Remix" does bear a bit repeating. Oh well. Here's the link

http://www.scribd.com/doc/9628578/Who-Owns-Music-by-Brent-Silby
 

Jigero

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Apr 15, 2011
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Kmadden2004 said:
Well, I'm not against copyright. Guess why?

I'm an artist.

And copyright law prevents my work from getting stolen.
But it really doesn't, theoretically it should, but in reality it only protects as much as you can defend it and 9 times out of 10 if some one steals your work it will most likely cost you more to protect your work then simply just letting it go.

And if you're really unlucky, thanks to the clunkiness of copyright law just hope you don't run into some one who is able to turn the law on you and use it against you.

Yea sure Copyright law works some times but it's exceedingly rare. Copyright has done far more to fuck over artists then it has to protect them.
 

Don Reba

Bishop and Councilor of War
Jun 2, 2009
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Maybe market forces are the wrong thing to produce culture. We are fine with science being publicly funded, because the results of basic science are hard to monetize and because dissemination of science benefits us all. Isn't culture in the same position?

Canada publicly funds much of its artistic output, and it is doing quite well. USSR publicly funded all of it, and created a lot of great content - in fact, Russian artists are still scratching their heads about how to produce anything good without public support.
 

Seldon2639

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Deadagent said:
But to begin with what makes a great artist is subjective. Second I'm pretty sue "whatever they want" Includes fan projects like this, and as you can see, they can't do it without being greeted by lawyers.
That's kind of the thing, though. The ability to make "whatever they want" should be about creative ideas, their own concepts, even if it's somewhat similar to other works. What it shouldn't include is "using someone else's characters and world for your own work just because you like them."

If someone wants to make a game about a dystopian fifteen-minutes-into-the-future with an allegory about global warming/fossil fuels and a somewhat douchey main protagonist whose background is fraught with mystery and doubt, they can do that. What they can't do is call him "Cloud" who works with "Barret" and "Avalanche" against the evil "Shinra" and "Sephiroth" all of whom use "Materia."

And what's funny is that it's not that hard to take a fan work and turn it into a wholly creative effort. Look at Fifty Shades of Grey, it was a fanfic for Twilight originally. Are you really claiming that possibly great artists likely lack the originality that the writer of Fifty Shades of Grey had?

And while it's true that everything is a remix, there's a lot of difference between "has similar musical styling" or "Neil Gaiman wrote a book about a young orphan boy who discovers he has magical powers prior to J.K Rowling, but they were both writing something similar to T.H White's The Once and Future King" or even "OMG compare The Hunger Games to Battle Royale" and what we're talking about when we talk about real copyright infringement. The cases where the author of Battle Royale sues Suzanne Collins are vastly outnumbered by the cases where the makers of Mass Effect sue to stop someone selling Mass Effect merchandise without permission. The times when Neil Gaiman sues J.K Rowling are dwarfed by the times that it's absolutely, positively, copyright infringement ("He's So Fine" vs. "My Sweet Lord").
 

Something Amyss

Aswyng and Amyss
Dec 3, 2008
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Akichi Daikashima said:
It could be because I have a bad habit of writing my response as I watch the video.
Well, as I've both been there and done that, I can't hold it against you.

Well, I could, but it'd be wrong.

shirkbot said:
Stop quoting me, you make me feel stupid... But in all seriousness, thank you for the corrections. This is largely the fault of Google/Youtube, if not entirely, and they really need to sort themselves out. Or at least hire some people to do the bots' jobs. Come on Google, you could probably singlehandedly solve the unemployment problem!
Thanks for the laugh and/or ego boost. >.>

The only reason I think Google won't hire people is that the point of the automated system is explicitly to save money. In fact, most of of their apparent over-compliance with law (which leads to these overzealous actions) are likely to avoid having to spend money dealing with copyright claims at all. It's about the reason I can think of. I don't think Google has any antipathy towards their users. Maybe they do, but I have trouble seeing that as the thing.

When we remove that, expedience seems to be the primary reasonable model.

Which is sad, because I think everyone loses here.
 

Strazdas

Robots will replace your job
May 28, 2011
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You admited you dont know copyriht laws and thats fair enough, but the comment about "written based on what was capable back then" was only true - back then.
Copyright laws were rewritten every couple decades, making them WORSE every iteration. in fact the latest iteration that created this main problem and literally robbed libraries of public domain movies (you can re-copyright public domain to an extent), was created solely because mickey mouse would have went into public domain, because god forbid americans actually own thier culture and not some shady corporations.

Also copyright does not prevent stagnation - it encourages it. Copyright are monopolies and monopolies kill innovations. we have reboots and remakes because we have licensing. if those properties were in public domain, as you say, every kid could make a shitty spiderman movie, therefore to make movie that really attract attention you would have to make SOMETHING NEW.

Now i dont say get rid of copyright laws completely and all. I say limit them to 15 years maximum and strick fair use enforcement. Lets be honest here, if you created a movie or a videogame and you havent turned profit in 15 years, you are not likely to ever turn profit. And if you did. good. now let others do the same. And fair use is fair use, obviously, and lets player's fall under fair use. Noone watches lets play's for the prerendered cutscenes. We watch them for the commentary first, the gameplay the youtuber is creating second, and everything else i just supplementary.

Actually in one of my lets plays i have put the cutscenes between "missions" as seperate video from the gameplay video. results? the cutscenes had 5 times less views even being in the full playlist. people just skipped them.

SILENTrampancy said:
Or it doesnt have to change and we're all gonna get shafted eventually. The people in control are making too much money. They don't care about us and so I don't believe they will ever do anything out of the kindness of their hearts, which is what Mister Chipman here is hoping they'll do.


Copyright law benefits the shareholders and the publishers. Why would they allow them to change? That would be like publicly hanging the goose that lays the golden egg. To them, anyways.
Music industry didnt want to allow change. look what happened. We are coming to a point where sharing games and movies onver internet is as easy as songs - couple minutes of download and its there. The whole copyright debacle is final trampling of a dieing elephant. it may take 4 lions with it when it falls but its still dead. They will either have to change or die. there is no third option unless you think people are going to live in dystopia so easily.

Kmadden2004 said:
Wow, that's quite a chip on your shoulder, kid.

Seriously, where the hell did this come from? I never said I was special, I just said that I was an artist.

Jeez, no need to be a dick about it, or anything.
You said you support copyright, therefore you think you are special and deserve special privileges (such as monopoly on your work). Im not saying you shouldnt argue what your arguing about or anything but at least not be a hypocrite about it. If you are arguing that you deserve special treatment then admit that you think you are special.
 

AJey

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Feb 11, 2011
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I have to disagree with one of your references. AngryJoe was very emotional and barely said anything useful in his videos. If you really want to understand the issue watch TotalBiscuit or "Address the Sess" podcast with Adam Sessler, where youtubers, developers and PR people discuss the issue.
 

Redd the Sock

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Apr 14, 2010
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Some notes:

This can in no way stop criticism, just alter the form. We had critics long before youtube, so worst case scenario is we have to go back to writing and podcasting without using images and video. Not always good, but how much video footage does Yahtzee use?

Despite some legitimate anger, we all have to admit we shouldn't be surprised. This isn't Bob's American revolution metaphor. This is we've gotten free cable through a screw up, and now they've caught on and we have to pay. We've known for a long time that we've been using, and later monetizing, material in a system known for making you pay to use a song lyric, or mention a brand.

In that regard, that makes your endpoint troubling. I get the desire to say that this is the new reality and you have to surrender all rights you had such that is benefits us, and that's a large reason why this gets approached with lawyers. You are king George going "do what I want or else" and then get surprised when they'd rather send out a cease and desist instead of doing that. One thing I hate in the modern generation is an unwillingness to accept that everyone else has the same right to be a greedy self interested dick without thought to others that ourselves do. We get along and do more when we approcah things with trying to convince someone our side is in there best interests as well, not throwing a tantrum about how something is unfair to ourselves.

In that however is a problem as for all the talk, there's little soid about why this is going down. I could think of a dozen legitimate business reasons why, so being open for negotiation (let's players now pay fees to the owners of the games they use) and some that are just being dickish, but we can't move forward until we know what all was trying to be achieved here.