Archive for the ‘Just my Opinion’ Category

Politicians, Copyright and ‘Fair Use’

It depends on what meaning of the word 'is' is.

Every political cycle there are ads on TV and there are increasing ads on the internet, all of these ads have music of one sort or another. Some campaign ads use original jingles while others use copyrighted material from other artists (usually famous ones.) In the case of the latter, the song might be unchanged or edited for political effect. In either case, the original song is readily apparent. The problem with using artist’s songs is that you have to pay to use them, or get permission. Ironically, the same politicians who will back the RIAA’s overreaching copyright claims are stealing artists’ songs for their own personal gain.

Of course, they claim it’s ‘fair use’, but is it really? Recently Chuck DeVore was sued by Don Henley because he was using Henley’s songs in campaign ads. He claimed ‘fair use’ because he was using parody, but the judge didn’t think that the ‘parody’ or ‘fair use’ exemptions to copyright applied in this case, so Don Henley won his case. This isn’t just Chuck DeVore, every campaign cycle these charges come up against a number of politicians and usually get handled pretty quick. Either through paying for the song, getting permission, or taking down the ad. The issue is it should not be happening at all. Artists do have a right to be paid for their work.

That ruling against Devore supports my opinion that if a politicians chooses to use a song in ads, they either have to pay for it, or get permission to use it. Its not ‘fair use’ because they are looking to personally profit from it. What really irritates me is that they claim innocence when doing this, but they’ll back the music or movie industry when they go after people for legitimate fair use. Politicians need to start walking the walk on this issue.

I’m not going to hold my breath.

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EA CEO – ‘the project is only half done when we ship it’

ea-logo

EA CEO John Riccitiello sat down with Industry Gamers and talked about E3, 3D Gaming and my pet peeve, the Online Pass. If you haven’t been paying attention the Online Pass means that if you buy a game used, you’ll have to pay $10 to access the game’s online features.

He did say one thing that caught my eye:

I’m a gamer on Wii, PS3, Xbox 360, I play a lot on PC, um…. I’m definitely going to play a fair amount on iPad, iPhones, and once I get my account set up on this Android phone, it’s going to be part of my portfolio. I play FIFA Superstars among other things on Facebook.

Now I’m unemployed, and I don’t have time to play that much gaming. I’m just wondering if he said that because when Activision CEO Bobby Kotick said he wasn’t a gamer anymore, gamers criticized him for that. Maybe he is, I donno, but I really don’t see him in a board room talking about how he worked out how to trap a big daddy and kill him. Somehow I more see him talking about how he loves the power glove.

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A shot of reality when it comes to the games industry

Yeah…titles are not exactly my forte.

I see a lot of people putting up content around the Internet that I think flat out misreads a lot of the economics in the games industry. Hell, some of the stuff I disagree with gets put up on this site by Brad. That’s right, we actually aren’t in lockstep on everything. We all have opinions, and that’s cool…I guess it’s time to let mine out a little bit. A lot of people probably won’t like it…that’s cool, too.

First, obviously there are some serious problems with the economic model in the games industry right now. Nobody in their right mind would disagree with that. When you have games publishers earning record gross profits, and yet LOSING money on a quarterly or annual basis, something is clearly very wrong with the industry model. Let’s take a look at some of that, and also some other concepts that I don’t think are necessarily weighted in reality.

Game sales rates for items marked down ARE NOT indicators that reducing prices will increase sales

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Can we all ease back on the rhetoric?

yell

This isn’t exactly an original idea for an article to write, but in the aftermath of the announcement that Civilization V is using Steamworks, it seems like a good time to cover it.

The minute I had finished reading the press release making that announcement, I felt a sense of dread. Why? I knew what the result would be. Let’s be honest…all of us did. We were all about to be embroiled in to the usual battle between the extremists on the DRM debate, Steam Edition.

And it didn’t take long! No, the Steam fanboi brigade was out in full force, engaging in the usual idiocy that fanboiz are renowned for as they essentially took the “If you ain’t with us, you’re against us.” section of the Bush foreign policy and used it on anyone who so much as paused before bowing before the golden altar of the almighty Steam.

And on the other side we were treated to the equally obnoxious rantings of the hardcore anti-Steam types, as they described everyone who doesn’t consider Steam to be the work of Satan himself to be an idiot, a sheep and in aid of the destruction of the PC platform itself.

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Walmart, Best Buy, Toys R Us to be bigger problems than piracy

Mooooo!

You might have heard that Walmart, Best Buy and Toy R Us are getting back in the used game market. While there is no news about how far into it Toys R Us and Best Buy are going to be doing this, Walmart at least seems to think they can make this work. They are rolling this out to 5 stores and will ‘monitor with great interest’. Walmart is taking a smart approach, going slowly and making sure things work for them. Used sales is a large market and rushing into it as they did before with the kiosks was a bad move. At least they’ve learned some lessons and are taking a more sensible approach.

Right on the heels of this announcement by big box retailers, Andrew Oliver, co-founder of Blitz Games, has said that used sales is more of a problem than piracy. He told Develop:

“Arguably the bigger problem on consoles now is the trading in of games,” he tells Develop.

 

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RIAA still not getting it

RIAA logo

If you listen to the RIAA, and only the RIAA, one might think that music is dying, that piracy is rampant and that everybody is out to get them. Well…the last may be true, because they are not exactly loved. This might be because they are a heavy handed organization that is aggressive in the pursuit of its profits. Now I don’t think anyone begrudges the RIAA profits, I know I don’t, but I do have issues with an organization that goes around the world bullying people and companies and lobbying governments to do their bidding. It appears as if they’ve watched too much Judge Dredd.

 

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The value of ‘Fair Use’

Naughty naughty!

Piracy ruins the economy! You’ve heard it from the RIAA, the MPAA, Senators, Congressmen and the news media. Industry funded studies claiming piracy impact numbers of  thousands of jobs and billions of dollars lost every year. However, a report (PDF) released a few weeks ago by the Government Accountability Office (GAO) has thrown those wild numbers out the door, basically saying that there is no real way to definitively quantify the impact of piracy. It has always been claimed by these industry reports that piracy has costs thousands of jobs every year, billions of dollars lost, and the economy gets damaged because of it. For example, if someone pirates a $60 video game or $20 CD or DVD, that doesn’t necessarily mean that money isn’t being spent elsewhere in the economy. It also calls out the previous ‘studies’ that the RIAA, MPAA, etc have been using saying that the model used to come up with industry supporting numbers has serious flaws. Something pretty much everybody else has known for awhile, but we don’t have lobbyists.

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When does copyright protection go too far?

copyright

Copyright:

The legal right granted to an author, composer, playwright, publisher, or distributor to exclusive publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work.

Ok, so we know that copyright comes into play so that artists are not ripped off and can be protected. I get that, and have no problems with it. It is important to have, and artists do need a protection. What goes a little too far is when going after copyright violators becomes a business for lawyers to make money.

The other aspect is if you look at ACTA, DMCA, Three Strikes rules, etc… its pretty much a blanket coverage and targets things that are not ‘piracy’ or ‘infringing’ at all. There is something called a ‘derivative work’ which means you can take original work, use it to create new work, and that is perfectly legal.

 

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DRM complaints. Really?

hurrah-for-petticoats1

 

Two things have been annoying me lately.

Number one is yesterday GamePolitics released an article called Another DRM Victim Details Woes. It talks about cruise ship crew members who are hit by DRM and unable to play games. The Chief Officer of a cruise ship says:

… we quite often don’t have a good Internet connection or it’s cost prohibitive, especially on our personal computers. I watch movies and play games during my, albeit limited, time off. There have been many games that I have been unable to play because of DRM issues, games such as Spore & recently Empire: Total War caused me huge problems simply because it required an Internet connection during installation. I had to spend $120 USD on Internet charges just for the privilege of installing Empire: Total War.

A little over a week ago ars technica wrote an article titled The victims of PC gaming DRM: one soldier’s story. The soldier writes:

"I’m deployed to Iraq right now, and [DRM] has ranged from annoying to unforgivable for me. I would like to let you know that Steam is pretty awesome with working with deployed folks to make sure we can access/play our games," he told Ars.

"I’ve had hit and miss success with some of the other download companies. Any kind of game that tries to call home, though, is generally more of a problem than it is worth. Especially ones that try to resolve your IP address with your version/purchase location."

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