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07-06-2011   1 links from elsewhere to this Post. Click to view. #1 (permalink)
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Default U.S. Bill S.978 and ggFTW

A lot of misinformation and rumors are spreading around the Internet concerning a bill introduced in Congress that criminalizes streaming of copyrighted content. The bill S.978 was designed to stop individuals from streaming pirated movies and television shows.

To be clear, we are not stating that the video game review market will collapse. The fact is that no one knows what will happen. There is, however, a significant risk that sites like ggFTW.com that publish video reviews could be impacted.

One of our members, Rhinehart, brought this bill to the attention of other ggFTW members through this Bill S.978 rant. Many Internet users have jumped to denounce or support the bill. Unfortunately, many of the arguments are fundamentally flawed by one critical omission--the difference in civil and criminal law.

In civil law, the copyright holder must file suit before the case can go before a judge. If the copyright holder does not file suit, no case is heard. Heretofore, this is how video game reviews have operated. To our knowledge, no case has ever been brought for streaming video reviews and that leads to the next point.

Criminal cases are prosecuted by the district attorney or attorney general depending upon scope. Because bill S.978 makes streaming a felony, this would fall under the jurisdiction of the FBI to investigate and U.S. Attorney General's office to prosecute. Charges can be filed REGARDLESS of the desire of the copyright holder. Although they may be considered, the government can decide to press charges regardless of whether or not the copyright holder files a claim.

A viable defense to this would be fair use. Under U.S. copyright law, certain derivative works are protected from prosecution or liability under a clause known as the "fair use" clause (the same clause that protects parody, satire, etc.). Herein lies the risk to sites like ggFTW.com.

As mentioned in our paragraph about civil law, no precedent has been set on cases involving video game reviews. All law is subject to interpretation and it is entirely possible that a judge may not see a video game review as "fair use." Will that happen? We don't know.

Even if the judge rules in favor of fair use, defending charges costs money as does litigating civil cases. If anyone ever decided to press the issue, the game review sites like ggFTW.com would lose either through losing the case or the massive financial strain of defending the case.

We at ggFTW.com believe that the illegal streaming of copyrighted movies, TV shows, and music is wrong and that the artists' copyrights should be protected. We also feel that the decision to allow or not to allow game reviews and commentaries should be left to the game companies and the reviews--NOT the federal government.

If you're a U.S. citizen, however, your voice can affect the future of this bill. Contact your Congressperson and ask them to vote "NO" on bill S.978 as written because it is too far reaching and will have unintended consequences for consumer-generated media. You can help file a petition or read more information at the following links:

Petition against bill S.978

Read the text of bill S.978

ggFTW.com urges you to help stop this vague and potentially harmful bill.


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07-06-2011   #2 (permalink)
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I truly believe if this gets passed certain important buildings might be burned down from the outraged users of the internet. I also expect the prisons to fill within a "speedy trial" duration at most.

If I owned valuable copy-written material (say worth $1000), I'd rather have 250,000 pirates on the street stealing my work than 10,000 murderers/gang members/drug dealers/rapists/etc threatening my well being.

Plain and simple: Pirating helps promote brand awareness.
 
07-06-2011   #3 (permalink)
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Quote:
Originally Posted by Fuzzy
Plain and simple: Pirating helps promote brand awareness.
I'd have to agree with this one. Music, T.V. shows, etc - it just helps promote whatever its original source is, not hurt it (maybe only in terms of financially). I'm a U.S. citizen but as for voting no... I don't know. I'm not really an active voter since I just became of voting age a year ago; and I'm not all that interested much.
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07-07-2011   #4 (permalink)
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Quote:
Originally Posted by Fuzzy
I truly believe if this gets passed certain important buildings might be burned down from the outraged users of the internet. I also expect the prisons to fill within a "speedy trial" duration at most.

If I owned valuable copy-written material (say worth $1000), I'd rather have 250,000 pirates on the street stealing my work than 10,000 murderers/gang members/drug dealers/rapists/etc threatening my well being.

Plain and simple: Pirating helps promote brand awareness.
The slippery slope argument.....
 
07-08-2011   #5 (permalink)
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Well, the last line in his post there is true though...
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07-11-2011   #6 (permalink)
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I dont worry about the bill cause its too loose to be passed in congress well at least our senators have some brains. at least i hope
 
07-12-2011   #7 (permalink)
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Should Congress really be concerned about this right now?

orz
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07-13-2011   #8 (permalink)
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Nope they need to fix the economy and everything else but they focus on this first idk where peoples heads are at right now.
 

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