Friday, January 20, 2012

Not about piracy. This is about Censorship.

I thought I would talk about the ‘issue of the week’ or my fear, the ‘issue of many weeks to come’.

American government are in debate about whether to pass the “Stop Online Piracy Act”, aka “SOPA”. For those of you who are unaware, the purpose of SOPA is to pursue the following actions:

  • Copyright holders (anyone who creates original content including video game companies or their publishers) or the United States Department of Justice may seek court orders against websites hosting, distributing or giving access to copyrighted material.
  • Copyright holders or the United States Department of Justice may seek court orders against individuals who stream copyrighted material.
  • The legislation gives immunity to internet services (your internet service provider, YouTube, Vimeo, etc) who provide information that stops the copyrighted material from being distributed or been given access to.  The bill also does the opposite and holds internet service companies liable for the copyrighted information that is distributed on their watch as long as they had knowledge that this activity was going on.
  • Punishments for violating this law includes a maximum penalty of five years in prison for 10 violations within six months
http://www.newgamernation.com/?p=2457

Now this may all seem a little too technical to consider seriously, but it is very serious. If it is successful it may possible destroy the new media platform as we currently know it.

It basically gives the power for the government to shut down any website which infringes copyright, not just its users. For example, if YouTube’s users upload a cover of a song or even self-reviews of films or video games, then the bill would give the government the right to shut down the entire website.

An interesting discovery: I started doing my research on the affect it must have on the gaming industry and I was surprised to find that gaming companies such as Nintendo and SCEA are endorsing the bill through the ESA (Entertainment Software Association) Ironically, the ESA have been known for supporting freedom of speech throughout the gaming industry. This gets my alarm bells ringing. I begin to feel that it is not just an act against piracy, but an act of (what John Bain describes as) "corporate censorship". It basically shuts down any competition or freedom for the innovation of thought for new gaming alternatives and alterations.

It also restricts creativity and the future of gaming. Indie companies often lead the way in the discovery of alternative ways to play games and they often open the big corporations’ eyes alternative gaming than the mainstream. The internet gives indie companies a stream for them to advertise their products through.

ESA’s response to their stance on SOPA is;
“As an industry of innovators and creators, we understand the importance of both technological innovation and content protection, and do not believe the two are mutually exclusive. Rogue websites—those singularly devoted to profiting from their blatant illegal piracy—restrict demand for legitimate video game products and services, thereby costing jobs. Our industry needs effective remedies to address this specific problem, and we support the House and Senate proposals to achieve this objective. We are mindful of concerns raised about a negative impact on innovation. We look forward to working with the House and Senate, and all interested parties, to find the right balance and define useful remedies to combat willful wrongdoers that do not impede lawful product and business model innovation.”
http://www.insidegamingdaily.com/2012/01/04/fyi-video-game-companies-still-support-sopa-through-esa/

In addition to this, whole gaming industries such as Machinima and Mod for Games would affectively be shut down as it would infringe on the copyrighting act.

I have been listening to John Bain - a UK lawyer, journalist and professional gaming commentator. I will post his youtube video below. It is brilliant if you have the time.


Here are some of his quotes that he says on the subject below:
“Think about the idea of suing Toyoto for the fact that some guy just rammed into the side of your car with a Toyota car. Is it Toyota’s fault? No”.
Independant companies using the internet for advertising:“That is a good thing for competition, innovation, consumer variety, consumer fairness and rights and the industry in general. It makes the industries more vibrant, more innovative, more creative and forces the large companies to work a little bit harder”.


If you take this away, will we all be further duped by large companies? The internet provides a space for indie games and other media platforms that wouldn’t survive in mainstream media.

If this passed, what would it mean for the future of gaming?

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