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ESA Releases a Statement Regarding SOPA

by Patrick Barnett - January 4, 2012, 6:16 pm EST
Total comments: 11 Source: (Joystiq), http://www.joystiq.com/2012/01/03/esa-stands-behin...

Capcom confirms its support of the bill, while the ESA explains their backing.

The ESA released a statement explaining their backing of SOPA. Capcom also issued a statement confirming their support of the bill.

Earlier this week, it was erroneously reported that Nintendo had removed their name from a list of SOPA supporters. It was then discovered that the ESA, of which Nintendo is a member, was still on the list.

The ESA explained "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."

A spokesperson from Capcom stated "The ESA represents us on these matters". Other companies that apart of the ESA have not confirmed nor denied whether they are still in support of the bill.

SOPA, short for Stop Online Piracy Act, expands the ability of copyright holders and law enforcement to combat online piracy and counterfeiting. It has come under heavy scrutiny for its potential negative effects on free speech, online business operations, privacy, and internet security.

Talkback

bhurakJanuary 05, 2012

Capcom is at least being transparent, which is more then one can say for the terms of service they use on the PSN games.


Still I think it's interesting the bill is so bad that Nintendo and others have wanted to remove their "visible" support of it, if not at the ESA level.

rlse9January 05, 2012

After the backlash against companies that have supported this bill, why would any company in their right mind publicly support this bill?  How about instead of forcing through a bill that breaks the internet and excessively takes away the rights of individual they write a more reasonable bill?

KDR_11kJanuary 05, 2012

This is a fucking terrible law. Applauding it just because it's supposedly trying to help you is absolutely stupid. Not only is the road to hell paved with good intentions, once you have a law like this it's not going to go away and it WILL be abused. Regret isn't going to cut it if someone figures out you can perform a legal DoS by sending tons of takedown notices.

NWR_pap64Pedro Hernandez, Contributing WriterJanuary 05, 2012

It just dawned on me...

Do you guys know Maximilian? He is a fighting/shooting game expert on YouTube that hosts tutorial videos for Ultimate Marvel vs. Capcom 3 and Modern Warfare 3. Now, before UMVC3 was released Capcom gave Max an early copy of the game so he could shill out the new features and characters. This was important as he was the ONLY one that had deep tutorials for the new characters before anyone even owned the game.

Now, a bill like SOPA would prevent said tutorials because it would be infringing copyright laws (as stated by the bill). So Capcom is being hypocritical by both supplying YouTube fans with game content for them to shill out while also saying that they must stop these things from happening.

Anyone else see it? It's like companies either don't know just how broad and damaging SOPA is or just don't care.

TJ SpykeJanuary 05, 2012

Quote from: NWR_pap64

It just dawned on me...

Do you guys know Maximilian? He is a fighting/shooting game expert on YouTube that hosts tutorial videos for Ultimate Marvel vs. Capcom 3 and Modern Warfare 3. Now, before UMVC3 was released Capcom gave Max an early copy of the game so he could shill out the new features and characters. This was important as he was the ONLY one that had deep tutorials for the new characters before anyone even owned the game.

Now, a bill like SOPA would prevent said tutorials because it would be infringing copyright laws (as stated by the bill). So Capcom is being hypocritical by both supplying YouTube fans with game content for them to shill out while also saying that they must stop these things from happening.

Anyone else see it? It's like companies either don't know just how broad and damaging SOPA is or just don't care.

Pedro, you are wrong. If Capcom gave him the game so he could post video, so why would they go after YouTube when he posts them? If someone has permission to post something (like he does), then it is NOT infringing. So the bill would not apply in this case.

Chozo GhostJanuary 05, 2012

Quote from: KDR_11k

once you have a law like this it's not going to go away and it WILL be abused.

Absolutely. The Patriot Act is a perfect example of that. People complained a lot at first, and some minor modifications were made, but it never went away and it likely never will. But after a decade or so the protesting against it becomes less and less as people accept their new loss of liberty. Meanwhile, as the few people who give a crap struggle in vain to fight against these laws, politicians are busy crafting newer even more restrictive ones to take even more liberty away from the people.

Fighting it seems hopeless. Even if by some miracle something like SOPA is somehow defeated, the forces behind it will never stop trying to push similar bullshit. It will never end.

oohhboyHong Hang Ho, Staff AlumnusJanuary 07, 2012

I have been thinking over the last couple of days regarding whether Maximilian would fall foul of SOPA. The answer is yes.

There is a very good reason why laws are written with the assumption and protections that is "Innocent until found guilty". Currently under DMCA, one method of looking for copyrighted content is numerous "bots" not too different from Google bots that look for keywords and compiles the results into databases which then automatically send out take down notices. Currently under DMCA you get a notice, you can reply that it's isn't infirnging or take it down, nothing comes of it as long as you respond.

Under SOPA, the first notice you will get is when you can't get to your own site since it has been delisted. Why?, because bots are dumb as bricks, they do not understand context and the system is automated without penalty. Before (under DMCA) a false positive would have resulted in a letter having to be written. The company would not have pursued because they unless they are completely sure they would get into trouble for committing perjury. So it was like a parking ticket, annoying, but not something you can't get rid off quickly. It also costs too much since they know more often than not they are wrong and secondly, even if they did win, the target couldn't possibly pay legal fees let alone damages.

So it's a question of when, not if Maximilian gets pinged since he has copyrighted materatial and doesn't directly work for the Capcom, he can't send a letter off to say, hey stupid, I work for you. Not only that comments made of his videos would fall under his purview meaning if others start making comments like movie quotes etc which would normally come under fair use, he would get shut down by a completely unrelated company. Not only that most companies outsource their copyright enforcement, meaning the left hand doesn't know what the right hand is doing. He maybe under the protection of Capcom, but the company they hired might not know that. Remember, most of these companies think computers are magical and they do exactly what they want when they tell the poor tech to "Deal with it".

So Maximilian would have to moderate every comment made or turn them off, pretty much ruining the very reason he gets early access to the game in the first place since he is there to build grassroots hype independent of the Company as to not be a direct PR exercise. I have no doubt virtually every site on the web has at one time or another has received a DMCA takedown notice at one time or another. Remember even linking to a site that facilited piracy would be construed as committing it. Meaning, becuase of degrees of separation, every site on the net facilitates piracy. All this is ignoring the fact that Youtube would cease to exist under SOPA since it is impossible to moderate that much user made content and would take one strike.

And you would know that TJ if you actually read relevant parts of the bill or read that open letter I posted in the other thread. So stop talking out of your ass and help or shut the hell up. Your continued ignorance is a stain.

TJ SpykeJanuary 07, 2012

I did read your post and even responded to it, I don't appreciate you acting like an ass just because you oppose the bill and buy into the propaganda of those who oppose it. If you can't be respectful in your comments, then don't reply. You seem to be saying that if I don't agree with you and oppose the bill, then I shouldn't comment. The bill would not act the way you are claiming.

oohhboyHong Hang Ho, Staff AlumnusJanuary 07, 2012

This was your reply to the open letter

Quote from: TJ

You also have lawyers who support stuff like racism.

Your response to 6 pages of expert legal opinion was to imply that they were racist because some people in their fraternity defended it at some point in time and that the content of the letters were irrelevant because they are racists.

If you had responded to the actual contents of the letter or posted your own link to expert opinion that said otherwise, then yeah, we would having a discussion. But not once, ever, have you posted a single link that has defended your position, ever. Not even the form letters Senators and representative are spamming out over this bill in response to the "concerns of the people" like from Senator McCain, or the slightly better one from Jeff Flake, Member of Congress. So yes, I am quite right when I say you are talking out of your ass since I have only your assertion and reassurance that "The bill would not act the way you are claiming". You're not helping because only one of use are having a discussion and it isn't you.

I am sure Chozo Ghost will know what to post soon.

UncleBobRichard Cook, Guest ContributorJanuary 08, 2012

In the future, if someone reports a post that they are offended by, then additionally respond in the thread with the exact same thing that they initially reported, it's going to be a 3-Day Ban for that person.

Seriously.

Also, I said this in one of the other SOPA threads and I'll say it here - stop with the personal attacks and remarks.

I'm not sure three days is enough.

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