RIAA Exec Jumps To The ESA: Expect Lawsuits Against Video Gamers
from the what-sort-of-references-does-he-have? dept
You would think that anyone taking an objective look at the RIAA would recognize what a complete disaster the organization has been over the past decade. It's fought off every new innovation in the marketplace (remember, it tried to kill off mp3 players as illegal), alienated a huge number of its biggest customers and failed to do much to actually get the industry in a position to capitalize on new distribution and promotional methods created by the internet. In other words, it's done plenty to hurt the industry while doing almost nothing to help it. You would think that might make folks in similar organizations think twice about hiring execs from the RIAA, but perhaps not.The Entertainment Software Association -- basically the RIAA for video game companies -- has apparently hired a high level RIAA exec. And not just any high level exec, but the guy who was in charge of the RIAA's disastrous litigation efforts. The ESA hasn't been as widely reviled as the RIAA or MPAA (or even the BSA), but it has had its run-ins with folks in the past. And, of course, it was just about a year ago that the ESA's boss was whining that he wished more countries copied the DMCA. No wonder Davenport Lyons is having a field day suing people for file sharing video games. It appears that the video gaming industry is looking to follow in the footsteps of all the RIAA's mistakes.
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Filed Under: esa, kenneth doroshow, litigator, riaa
Companies: esa, riaa
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I'm actually looking forward to this!
ESA Litigation Manager Kenneth:
"Hey Jerry, did we send those Takedown's out to the Pirate Bay last week like I asked?"
ESA legal staff member Jerry:
"Umm...Yes Sir."
ESA Litigation Manager Kenneth:
"Well...What happened?"
ESA legal staff member Jerry:
"Well...Umm...They posted our letter on their website and pointed out that their servers don't hold any of our stuff and we can't enforce U.S copyright law in Sweeden anyway. And...well...ummm..."
ESA Litigation Manager Kenneth:
"Spit it out Jerry!"
ESA legal staff member Jerry:
"And they suggested we go do something...umm...un-natural with 'retractable batons'!"
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Re: I'm actually looking forward to this!
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good luck pissing off gamers
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Re:
How do you figure?
I'm curious, as an IP lawyer, do you think that the RIAA's strategy over the past decade has been good for business?
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EA is iffy. They seem to be trying to change recently, which is a good thing but I'm taking it with a grain of salt.
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Developers? In my ESA?
Developers aren't part of the ESA. The ESA is the lobby organization for game publishers. Developers generally go for individual or studio membership in the IGDA, if they get involved in any industry organizations at all. (Well, some also join the ECA, the consumer organization, too, but I digress.)
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http://www.gamesindustry.biz/articles/ea-exec-warns-against-suing-file-sharers
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With music you can make the (sound and valid) argument that file sharing actually increases the band's exposure and at the loss of potential profits from CD/MP3 purchases, they make it up in merchandising, free promotion and live shows etc...
But with games, the game *is* the product. The company either makes money off the game, or they don't make money... especially with PC games, considering the state of the PC games industry at the moment (with increasing amounts of people believing it's dead or at least dying).
So while it's not exactly smart to hire someone who's messed up so bdaly in the psat, at least his "expertise" can be put to legal and ethical use in this.
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People claim that with every industry, and with every industry it's not true.
The music industry says the music *is* the product. But it's not.
The movie industry says the movie *is* the product. But it's not.
Video games have learned that there are plenty of other business models that don't rely on copyright -- such as services (subscription services for access to a gaming server) advertising or even as an advertisement for something else.
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What we should be doing is going back to the 80s model and include extras like cloth maps and such again. Give people a reason to actually buy the physical copies. Of course, that doesn't work when things go to digital distribution, but that there has some of its own, mostly working safeguards against piracy.
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insanity is alive and well.
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Yeah its a similar dynamic
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DL Scam
Many people targeted flatly deny DL's allegations but are being threatened with a "pay up or take your chances against us in court" attitude. They claim to have evidence but refuse to show it. The only cases they have actually taken to court have been carefully selected and DL know that the defendants won't show, they therefore win a default judgment and can claim what they like. The case is then used as a PR stunt to frighten even more people into paying up despite their innocence
Isn't it suspicious that NONE of the 4 people they have "successfully" sued have aired their views? This is a scam exploiting a legal loophole and many similar cases in Europe have been thrown out of court. One lawyer has even been banned from practicing for 6 months for his immoral ethics.
Typical lawyers, praying on the defenseless. They really are the scum of the earth and I look forward to DL's demise
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People argue that they pirate because of DRM. Can these people making the complaints prove DRM is causing the problem? I have owned several games with Safedisc, Securom, and Starforce. Never had one issue with them yet. If I pirated say a RTS game with LAN ability. Am I going to purchase it to play with friends online? Hell no. I would use Hamachi to do LAN play with them. Someone tell me that isn't a lost sale right there if I'm constantly playing the game hmmm???
Granted tactics employed to bring these downloaders and distributors are quite unethical. Always two sides to a story.
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shell
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Enough with the lies in court.
The bottom line here is that even in a world free of piracy there is no proof the "sales lost" the industry cries about would have been "sales gained". Therefore any damages sued for by or on behalf of game developers or publishers is questionable testimony at best.
I would also like to point out that developers these days usually work a deal for X many copies printed by a publisher, who lines up the sale of that many copies to distributers before manufacturing them. Thus the sales of developers and publishers are already in place before a games release, and so piracy has zero effect on them. What piracy *does* affect are the sales of the retailers.
Example: Bioshock is both developed and published by 2K.
2K sells X many copies to Gamestop, Walmart, other retailers. Some players buy some copies, some download pirate copies, but 2K has been paid for *every* copy they produced and shipped. Their net loss from piracy is ZERO.
Therefore any damages sued for by or on the behalf of game developers and publishers is FALSE testimony.
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Re: Enough with the lies in court.
2K sells X many copies to Gamestop, Walmart, other retailers. Some players buy some copies, some download pirate copies, but 2K has been paid for *every* copy they produced and shipped. Their net loss from piracy is ZERO."
I agree with your point completely, but one technical thing. Bioshock was actually created by Irrational Games (who was largely funded by 2K), they were gobbled up completely by 2k and renamed 2k Boston as I recall, after the game was nearly complete but just before relase. Again, its makes no difference to your very valid point.
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scrw off ESA
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