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Geek Culture / [LOCKED] Bill S.978 Could Make It a Felony to Post In Game Footage Online

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Dark Java Dude 64
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Posted: 6th Jul 2011 21:29 Edited at: 6th Jul 2011 21:32
You guys obviously didnt see the link i posted, it is good news! Read my previous post please. And the top of the OP; i edited it to specify why what this link says is a good thing.

This bill is very broadly worded, however, it will not be law but instead an amendment to a very specific thing, you will have to read the article to see what i mean. In the end, you will still be able to post videos of in game content as many times as you like.

IanM
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Posted: 7th Jul 2011 00:27 Edited at: 7th Jul 2011 00:29
Nope, read it, disagree with it.

The reason this law is a bad law is because it is far too broad. It's targeted at TV shows and pay-per-view type shows that are being pirated and streamed on the Internet, but rather than use a bullet to fix this, they're using a fuel-air bomb.

Let me try and explain:
- Captured footage of playing a video game is, at its root, a capture of copyrighted material as a performance.
- You upload your video to a site that displays ads - that's now commercial use.
- 10 or more people view your video over a 6 month period - that's now a *public* performance by electronic means.
- If the ads make $2500 in that half year and you don't have permission from the copyright owner, that's now a criminal offence.
- Even if you don't make $2500, if the copyright owner says that a licence to show that material is $5000 or more for 6 months, that's also a criminal offence.

Now you might say that the copyright owner is not going to get involved, and you may very well be correct in that assumption. But it's a *criminal* offence, not a civil offence, and that puts the control into the hands of the government and law enforcement - the copyright owner no longer has the overriding opinion on whether to sue.

Now apparently the people behind this bill have said that it's not meant for this purpose, and they are probably being very honest about that, but that doesn't stop law enforcement agencies over-reaching and attempting to use it to justify jail time in all sorts of ways (such as the Lori Drew case - horrible woman - but they really tried to stretch computer hacking laws to get her jail time, or the misuse of wiretap laws to stop the police being filmed).

However, don't just use my take on this, or any random guy on the Internet. Read the amendment yourself: http://www.govtrack.us/congress/billtext.xpd?bill=s112-978

Disclaimer: IANAL, and I don't play one on TV.

Dark Java Dude 64
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Posted: 7th Jul 2011 02:24 Edited at: 7th Jul 2011 02:32
Quote: "by the distribution or public performance of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public"
Lol what's not to agree about it when this what the bill says??

Look at this particular part:
Quote: "a work being prepared for commercial distribution"
In game footage isnt a performance being prepared for commercial distribution (for a company to make money), making it legal!

Let's say you somehow distributed a piece of software that a company was preparing to be distributed by them to make money, you would be punished.

Correct me if im wrong!

Quik
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Posted: 7th Jul 2011 02:37
Quote: "In game footage isnt a performance being prepared for commercial distribution (for a company to make money), making it legal!"


basicly anything you put on youtube is for commercial distribution: enough watchers and you earn money

and for the record, I am a man.

Dark Java Dude 64
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Posted: 7th Jul 2011 03:08
Yeh but it's talking about commercial dist by the company, not by you, to make money.

tiresius
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Posted: 7th Jul 2011 03:30
Quote: "The reason this law is a bad law is because it is far too broad. It's targeted at TV shows and pay-per-view type shows that are being pirated and streamed on the Internet, but rather than use a bullet to fix this, they're using a fuel-air bomb."

Threaten to use a bomb and be prepared to be talked down to using a sniper (or maybe just a tank). That is the first tactic of negotiations, take what you want to get and double it. Used in politics all the time.


A 3D marble platformer using Newton physics.
thenerd
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Posted: 7th Jul 2011 03:47
@Dark basic dude:

Quote: "In game footage isnt a performance being prepared for commercial distribution (for a company to make money), making it legal!

Let's say you somehow distributed a piece of software that a company was preparing to be distributed by them to make money, you would be punished."

Yes, however if the video is shown along side with advertisements on Youtube or another website, it counts as commercial usage, even though you did not put the ads there.

Dark Java Dude 64
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Posted: 7th Jul 2011 04:09
Oh i see your point... :\

Non Sequitur M
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Posted: 7th Jul 2011 06:24
Eventually, it's going to cost $100,000 to get a license to show your own stuff, so that everybody knows it's yours. Then the government is going to encroach on our creativity more by us having to file for clearance to make any project!

Imagine if you will... Your in a strange dimension. A dimension not only of sight, and sound, but of mind. A dimension where before you can use your mind, you must file for it's use through the bureaucratic process, and wait three years to be denied. A dimension... In the Twilight Zone.

Oops... That's copyright infringement, sorry, Mr. Serling!

I think people take things a little too far. I wish it was like the old days, where if two men had a disagreement, they could go into the street with pistols and duel. Although, I'm a good shot, so that's probably why I'm for this method. Jk.

Seriously, though... I need my government to stop telling me how to live, and who takes my garbage, and who I have to go see when I'm hurt or sick. It's socialist. I'm not saying socialism is bad(Although, I'm not defending it either), just that we're a capitalist country. And, our laws need to reflect that! But, if this bill is really all that bad, I would hope that it would get shot down somewhere along the line. Although, creativity is at it's best when it is in danger of being oppressed. Hey! That rhymes!
Dark Java Dude 64
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Posted: 7th Jul 2011 07:34 Edited at: 7th Jul 2011 08:00
Good golly if it got that bad i would just move to another country


So im getting quite confused--some people say it wont affect anything but some say it will...

old_School
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Posted: 7th Jul 2011 09:31
Honestly just another sad display of abusing political power. Sad to say I live in the U.S. now. i use to be fairly proud but not any more.
Dark Java Dude 64
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Posted: 7th Jul 2011 10:04
True. But we need to remember the government isnt doing it to hurt us, it's just that they are being very ignorant. I dont think this bill will pass, it has caused so much outrage among us Americans that even the chances of it getting passed amended are slim. Im no longer worrying too much.

DevilLiger
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Posted: 7th Jul 2011 10:48 Edited at: 7th Jul 2011 10:50
if many bills like this actually pass. let's just say it will be a scary country. it will be the 1920's america all over again. with al capone and all this Mafia bootlegging and scary crime feel again. those were the time when america banned alcohol. yeah for like around ten years i think the nation turned from good to crime country. imagine if they banned guns, banned freedom of speech, alcohol, cigarettes,adult contents,violent video games, violent content. just imagine how unsafe this country will become. just don't let this country repeat another mistake.

Quik
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Posted: 7th Jul 2011 15:39
banning guns, atleast for the public, is a GOOD thing in my opinion, buts thats a whole other discussion

and for the record, I am a man.

Non Sequitur M
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Posted: 7th Jul 2011 21:26
Well, not every law is going to just explode the country into another mob war. It would take years of amending crap to the Constitution to get like the 20s and 30s... Again... That would be terrible. Let's just hope the next president will lean away from the last couple decades' "The government is the solution to everything" mindset.
Dark Java Dude 64
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Posted: 7th Jul 2011 22:27
Good points.

Isocadia
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Posted: 8th Jul 2011 10:39
I still think that you guys are overreacting, this is only happening in america, and though currently alot of the game dev happens there, if it becomes impossible they'll move somewhere else, heck they could simply go to Canada and join the lonely Ubisoft over there in montreal xD
DevilLiger
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Posted: 8th Jul 2011 10:50 Edited at: 8th Jul 2011 10:53
well all i can say is that banning guns will make the bad guys smuggle them. so they have some and everyone else doesn't. so that stinks bad. as i was told before that banning guns isn't a good solution. banning automatic guns was a good one imo. lol btw moving to Canada isn't such a bad idea.

Dark Java Dude 64
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Posted: 8th Jul 2011 11:29
Quote: " this is only happening in america"
Lol that's easy for you to say because you dont actually live here!

Isocadia
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Posted: 8th Jul 2011 12:08
Obviously, but the way you guys are talking is that this will be the end of the world. Not denieing it would be the end of the USA ( why do we even call you americans, canadians etc. are american too xD ). But yeah, I don't think this can even pass, it's just to ridiculous.
Quik
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Posted: 8th Jul 2011 13:53
Quote: "well all i can say is that banning guns will make the bad guys smuggle them. so they have some and everyone else doesn't. so that stinks bad. as i was told before that banning guns isn't a good solution. banning automatic guns was a good one imo. lol btw moving to Canada isn't such a bad idea."


in sweden we need to get a hard earned license, then buy the guns for ridiculous prices ETC, and we cant carry them in public either.

so yes, the bad guys has them, and we dont

but considering the death count/year from guns in sweden... it aint so bad^^ however like i said, another discussion, for another thread, in another time

and for the record, I am a man.

Dark Java Dude 64
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Posted: 8th Jul 2011 22:19
Quote: "But yeah, I don't think this can even pass, it's just to ridiculous."
Im with you on that one, that's why im not worried about it anymore!

PAGAN_old
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Posted: 9th Jul 2011 03:31
Quote: "It would take years of amending crap to the Constitution to get like the 20s and 30s..."


not necesearly. all it would take is something like a sudden economical depression. or some law that will benefit only the people who dont obey that law like in 1920s-30s with the great depression, ban of alcohol was a big factor in the criminal activities of that time.

90s in russia were similar, when capitalism, free market and general freedom to do whatever the hell you wanted was dumped on the country without anyone really knowing how the system is supposed to work, with the whole confusion everywhere the government lost control and criminal groups/people who had money took advantage of the confusion and pretty much thrived. todays russian government was formed during the 90s and has roots in the criminal past of that decade

dont hate people who rip you off,cheat and get away with it, learn from them
Cormorant5
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Posted: 9th Jul 2011 15:42
I just want to through it out there, people should have easy access to guns for self defense but there should be more defense on who gets a license. Like the mentally retarded man who killed my aunt in Tuscon.

Quik
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Posted: 9th Jul 2011 16:15
Quote: "I just want to through it out there, people should have easy access to guns for self defense but there should be more defense on who gets a license. Like the mentally retarded man who killed my aunt in Tuscon"


and just to get it out there, iam not sure wether he had a gun or not: but lets pretend he had one: she wouldnt have a gun, if it were harder to get ahold of it.

knives are disallowed in swedena swell, so if he had such a weapon then yeah, he wouldnt have been allowed to carry that either

and for the record, I am a man.

Cormorant5
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Posted: 9th Jul 2011 18:06
No I'm saying make it easier to get a gun, but outlaw it from certain people, like the mentally retarded.

Yes he did have a gun, you are not in the states so you probably didn't hear about the shooting in Tuscon.

Quik
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Posted: 9th Jul 2011 18:23
no iam sorry i didnt hear it, also iam terribly sorry about your aunt =/

but if people cant get a gun, then i personally see no reason for you to have a gun

thats´, like i said earlier a totally different question than the topic

and for the record, I am a man.

Cormorant5
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Posted: 9th Jul 2011 18:28
I know, I won't talk about it long. But I'm saying there will always be killers, some who went the whole 9 yards and smuggled firearms, and even some that use knives or no weapon at all. But if we make less people able to get guns, there will be less killers but we can never truly get rid of them.

Quik
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Posted: 9th Jul 2011 19:19
Quote: "But if we make less people able to get guns, there will be less killers but we can never truly get rid of them."


exactly.

and for the record, I am a man.

PAGAN_old
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Posted: 9th Jul 2011 23:01
this reminds me of something someone once said. "if freedom is outlawed, only outlaws will have freedom" same goes for guns, and pretty much everything. if guns are outlawed, only criminals will have guns.

dont hate people who rip you off,cheat and get away with it, learn from them
Quik
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Posted: 9th Jul 2011 23:08
and carrying a death machine is the same as having freedom? right

and for the record, I am a man.

Benjamin
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Posted: 9th Jul 2011 23:22
Not this argument again...

Quote: "and carrying a death machine is the same as having freedom? right"


Not at all.



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Quik
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Posted: 9th Jul 2011 23:34
wahahah xD

and for the record, I am a man.

Grog Grueslayer
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Posted: 10th Jul 2011 07:36 Edited at: 10th Jul 2011 07:37
Quote: "and carrying a death machine is the same as having freedom? right"


Yes. Pagan is right. Anti-gun laws only make it harder for non-criminals to have guns. Criminals don't usually follow the rules so anything designed to outlaw guns won't stop actual criminals from having guns. It would just make it easier for them because only the criminals would have guns. They could prey on the disarmed citizens without fear of being shot themselves.

Quik
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Posted: 10th Jul 2011 09:17
I wonder how it comes that it works perfectly well in the rest of the world? sweden makes it perfectly well without guns

and for the record, I am a man.

Rampage
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Posted: 10th Jul 2011 09:40
Surely does suck for Americans. What a terrible law.
I feel for you guys...

Regards,

Max
Grog Grueslayer
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Posted: 10th Jul 2011 10:31 Edited at: 10th Jul 2011 10:34
Check out this link by the National Rifle Association:

http://www.nraila.org/Issues/FactSheets/Read.aspx?ID=78

The first 3 paragraphs:


Jeku
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Posted: 10th Jul 2011 23:51
Yet another political debate here. Yawwwwwn...


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Nickydude
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Posted: 3rd Aug 2011 10:32
Just thought I'd update with this: http://www.bbc.co.uk/news/technology-14372698

I reject your reality and substitute my own...

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