Streaming Game Videos to Become a Felony?

I guess losing the censorship bill in California wasn't enough, so some stupid, female Democrat (Department of Redundancy Department) is proposing this:

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Originally Posted by Game Informer

The U.S. Senate is considering a bill that could have far-reaching implications for users of YouTube and other streaming-video sites, including fans and producers of “let’s play” style game videos. Senate bill S.978 would change the way copyright laws are enforced online, adding the possibility of criminal penalties, including jail time, for people who stream copyrighted material without prior authorization.

The bill, sponsored by Minnesota Democrat Amy Klobuchar, would make unauthorized streaming of copyrighted content a felony. People who stream content valued at $2,500 or more online 10 or more times during a 180-day period face up to five years in prison. The bill, which can be read here, is broadly worded. As Shoryuken points out in a great editorial, the current version of the bill could include such YouTube staples as kids lip-synching to popular music or even karaoke performances in a bar. More troubling is the possibility that the act of embedding someone else’s video onto a page could be considered a violation, according to the bill.

Copyright holders currently have legal means to pull unauthorized content from sites, including cease and desist orders and fines. The thought of adding criminal penalties to these cases, including jail time, is a new spin on the issue.

If you’re upset by the legislation and would like to make your voice heard, Demand Progress has made it easy to voice your displeasure to the powers that be.

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Nothing will come of this.

We've been talking abotu it on SRK for a few days now. Capcom even said they don't care.

nonstory.com

This is one of those bills that both the liberals and conservatives I have talked to hate (for being an example of corporate fascism and the nanny state, respectively). I think it is just bad policy -- it looks to have the effect of hamstringing innovation in future markets while "protecting" old (and decaying ones). The wording of the bill is so vague that it could possible render something like Youtube or Netflix either illegal or effectively useless.

Really, what's the net benefit of Big Content now being able to threaten jail time to people they can not be bothered to sue to begin with (well I guess they could just send the authorities after them and not have to pay anything), and what is the net benefit of another burden on the authorities?

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Originally Posted by icarusfall

Nothing will come of this.

We've been talking abotu it on SRK for a few days now. Capcom even said they don't care.

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Except when they do. What if someone was to stream a game before it's press embargo date? Or if they were streaming unannounced content for a game currently released?

This has been an issue before: Team Sp00ky has, among other things, acquired pre-release copies of SSF4 and MvC3 and streamed people playing it (for days at a time, even) and also streamed from a local arcade that had a hacked SSF4:AE cabinet with Evil Ryu and Oni unlocked before they were even announced. Capcom in each instance asked them to stop; they did not on in the instances of SSF4 and MvC3 but they did in the AE instance (if I remember correctly, their language was much more forceful with the AE streams).

I am not sure how I feel about this -- I know they want to control PR and the message, but at the same time bringing litigation against one of the community's most popular broadcasters seems like an amazingly bad PR move. I guess the best logical thing to give enough access to their parties to give them a real interest in following the company's line there.

Streaming unreleased content is a completely separate issue from streaming a tournament.

Don't be ridiculous.

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Originally Posted by icarusfall

Nothing will come of this.

We've been talking abotu it on SRK for a few days now. Capcom even said they don't care.

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I'm hoping this has no chance of even reaching a vote in the Senate, but I can't say I have so much faith that it isn't possible. Also, I doubt the US Senate is majorly concerned with a Japanese companies' thoughts on this. It's the EAs and Activisions we have to worry about.

This isn't a non-story, but it's a non-angle. This doesn't change copyright, it changes penalties. Things Game trailers are copyright, but shit like combo videos really aren't.

And it's bullshit that posting a video with a copyrighted song in it on youtube a few times could get you in federal trouble, but fair use shit like game walkthroughs and let's plays are still fair use.

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Originally Posted by Yoshi

I guess losing the censorship bill in California wasn't enough, so some stupid, female Democrat (Department of Redundancy Department) is proposing this:

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Don't forget the male Republican co-sponsor. Corporatism knows no gender or party boundaries.

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Originally Posted by Frogacuda

This isn't a non-story, but it's a non-angle. This doesn't change copyright, it changes penalties. Things Game trailers are copyright, but shit like combo videos really aren't.

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Not quite. I asked a lawyer about this back when I had dreams of setting up my own gaming website, and it turns out that everything derived from a game remains under copyright by the game's publisher. That means that Capcom could get every combo video out there taken down if they wanted. They won't, because they know it's bad business, but they're within their rights to do so. Rockstar is really vicious about eliminating gameplay footage before a game's release, and they again are within their current rights to do so. Of course, the difference with this bill is that it would now be possible to press charges for posting videos.

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Originally Posted by Frogacuda

And it's bullshit that posting a video with a copyrighted song in it on youtube a few times could get you in federal trouble, but fair use shit like game walkthroughs and let's plays are still fair use.

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Both are bullshit. Nothing related to copyright should be anything more than a misdemeanor.

Frog CANNOT be talked to about these things. He defends everything of the video game industry no matter how dumb.

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Originally Posted by bVork

Nothing related to copyright should be anything more than a misdemeanor.

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That's one of the most retarded statements I've ever seen on TNL. You clearly didn't think that through, because I know you're smarter than that. If I'm running a bootleg movie theater and charging people $5 a head to watch movies where the owners get no cut, I deserve more than a misdemeanor.