Game Piracy discussed at LA Games Conference

excerpted from Media & Entertainment Services Alliance 4/25:

“The piracy threat is evolving. Pirates are going to follow the money, and digital piracy is thriving,” Kornblum said.

Microsoft has taken proactive steps to protect its hardware and software. By utilizing its Xbox Live service as a tool to connect device and content, the company is able to identify if a console has been altered to play pirated content. According to Kornblum, if such a console is detected, it is then restricted from utilizing Xbox Live services.

Stanbury also commented that in an effort to further dissuade physical piracy, game publishers are increasingly using online connectivity to activate content features within a title (i.e., not placing the content on the disc itself).

full article can be read here

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US Trade Representative publishes Special 301 Report 2012

The internet has enabled the transfer and sharing of useful information, but it has also become a favored medium of piracy.

The increased availability of broadband Internet connections around the world is generating many benefits, from increased economic activity and new online business models to greater access to and exchange of information.  However, this phenomenon has also made the Internet an extremely efficient vehicle for disseminating copyright-infringing products, replacing legitimate markets for rights holders.

In addition to piracy of music and films using these new technologies, piracy of ring tones, apps, games, and scanned books also occurs. Recent developments include the creation of “hybrid” websites that offer counterfeit goods in addition to pirated copyrighted works, in an effort to create a “one-stop-shop” for users looking for cheap or free content or goods.

read the entire report here

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Maria Pallante explains false criticisms of SOPA

Ms Pallante is the director of the US Copyright Office and appeared before Congress to address some of the noxious bullshit criticisms of SOPA.

Read her well reasoned comments here:   http://www.copyright.gov/docs/regstat111611.html

Watch the legislative hearing discussion here:  http://judiciary.edgeboss.net/wmedia/judiciary/full/full11162011.wvx

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The Copy Culture

A generation of digital miscreants have spread their thieving behavior across the nation, reducing copyright protections into scofflaw.

The preliminary conclusions from a study published by Columbia University reveal how entrenched (and acceptable) the theft of intellectual property has become.  No small wonder, then, how ignorant individuals and groups can be easily persuaded into opposing legislation that would curb their own participation in such illegal enterprises.

What better way to assuage the guilty conscience of a thief than to hide behind arguments of “chilling effects” and other such nonsense?

You can read the research notes from the survey here:  http://piracy.ssrc.org/wp-content/uploads/2011/11/AA-Research-Note-Infringement-and-Enforcement-November-2011.pdf

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Support the Stop Online Piracy Act

Support this bill!

Parties aligned in opposing this bill have drafted a collection of objections based on erroneous slippery slope reasoning and hypotheticals.  Attorneys are paid to compose filibustering mummery.  Shame on all of those in our industry who choose to block this legislation!

Read the entire bill here:   http://judiciary.house.gov/hearings/pdf/112%20HR%203261.pdf

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Copyright Alerts

Leaders from the movie, television, music and Internet service provider communities today announced a landmark agreement on a common framework for “Copyright Alerts” – a state-of-the-art system similar to credit card fraud alerts – that will educate and notify Internet subscribers when their Internet service accounts possibly are being misused for online content theft. This voluntary landmark collaboration will educate subscribers about content theft on their Internet accounts, benefiting consumers and copyright holders alike.

Every year, content theft costs the U.S. economy more than 373,000 jobs, $16 billion in lost earnings, and $3 billion in lost federal, state and local government tax revenue.
Today, many Internet Service Providers (ISPs) forward to subscribers notifications that they receive from content owners about alleged content theft – generally by email. Until now, however, there has been no common framework of “best practices” to effectively alert subscribers, protect copyrighted content and promote access to legal online content.

The Copyright Alert System is based on a consumer’s “right to know” when his or her Internet account may have been used improperly to download copyrighted content. Often, subscribers – particularly parents or caregivers – are not aware that their Internet accounts are being used for online content theft. Other subscribers may be unaware that downloading copyrighted content from illicit sources is illegal and violates their ISP’s Terms of Service or other published policies. Data suggest that, once informed about the alleged content theft and its possible consequences, most Internet subscribers will quickly take steps to ensure that the theft doesn’t happen again.

The new Copyright Alert System addresses these problems with a series of early alerts — up to six — in electronic form, notifying the subscriber that his or her account may have been misused for online content theft of film, TV shows or music. It will also put in place a system of “mitigation measures” intended to stop online content theft on those accounts that appear persistently to fail to respond to repeated Copyright Alerts. The system will also provide subscribers the opportunity for an independent review to determine whether a consumer’s online activity in question is lawful or if their account was identified in error. There are no new laws or regulations established as a part of this voluntary agreement. Termination of a subscriber’s account is not part of this agreement. ISPs will not provide their subscribers’ names to rights’ holders under this agreement.

The agreement also establishes a Center for Copyright Information to support implementation of the system and educate consumers about the importance of copyright.

The parties are very grateful to Governor Andrew Cuomo for his deep involvement and personal efforts, as Attorney General of the State of New York, to bring the parties together and successfully launch the negotiations that have now led to the creation of the Copyright Alert System.

“This groundbreaking agreement ushers in a new day and a fresh approach to addressing the digital theft of copyrighted works,” said Cary Sherman, President of the Recording Industry Association of America (RIAA). “We hope that it signals a new era in which all of us in the technology and entertainment value chain work collaboratively to make the Internet a more safe and legal experience for users.  It is a significant step forward not only for the creative community, which invests in and brings great entertainment to the public, but for consumers and the legitimate online marketplace as well.”

“Consumers have a right to know if their broadband account is being used for illegal online content theft, or if their own online activity infringes on copyright rules – inadvertently or otherwise – so that they can correct that activity,” said James Assey, Executive Vice President of the National Cable & Telecommunications Association (NCTA), which worked in an advisory capacity with ISPs to help complete the agreement.  “We are confident that, once informed that content theft is taking place on their accounts, the great majority of broadband subscribers will take steps to stop it.  That’s why the educational nature of this initiative is so critical.”

“Many people don’t realize that content theft puts jobs – and future productions of films, TV shows, music, and other content – at risk,” said Michael O’Leary, Executive Vice President for Government Relations at the Motion Picture Association of America, Inc. (MPAA).  “Today, there are more ways to enjoy content legitimately online than ever before.  This agreement will help direct consumers to legal platforms rather than illicit sites, which often funnel profits to criminals rather than the artists and technicians whose hard work makes movies, television, and music possible.”
“This is a sensible approach to the problem of online-content theft and, importantly, one that respects the privacy and rights of our subscribers,” said Randal S. Milch, Executive Vice President and General Counsel of Verizon.  “This broad industry effort builds on existing agreements with several copyright owners to forward their notices of alleged infringement to ISP subscribers. We hope that effort – designed to notify and educate customers, not to penalize them – will set a reasonable standard for both copyright owners and ISPs to follow, while informing customers about copyright laws and encouraging them to get content from the many legal sources that exist.”

Jean Prewitt, President & CEO of the Independent Film & Television Alliance (IFTA), noted, “frequently, independent producers and distributors are hit the hardest by content theft. This agreement is a textbook example of the private sector working cooperatively to help solve a glaring economic problem while protecting consumers.”
Rich Bengloff, President of American Association of Independent Music (A2IM) called it an “historic agreement that will reduce the financial distress being experienced by our independent music label community so that our members and their artists can continue to create and invest in the music they love and, in doing so, help protect thousands of musical artists and their musical compositions, across the United States.”
Both the Center for Copyright Information and the Copyright Alert System are voluntary collaborations between the entertainment and broadband business communities. Participating ISPs will begin implementing Copyright Alerts in 2011 and 2012.

Link to original release here.

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NEWZBIN

The Motion Picture Association wants broadband providers to cut off access to Newzbin, a members-only website which offers links to film, television, music and software downloads.

A High Court order obtained last year against Newzbin itself failed to have any impact because its operator, which the judgement said made a profit of £360,000 from membership fees in 2009, went into administration. The website then reappeared under new management overseas, outside the reach of British law, so the studios now aim to block access to it rather than force it offline.

The identities of the people behind the new operation are unknown. A spokesman known only as “Mr White” has said that further court attempts to shut Newzbin down would fail because “we can run faster than them [the MPA] and shapeshift”.

Lord Puttnam, the film producer and president of the Film Distributors’ Association, said the continued existence of the website was “simply unacceptable”.

“The High Court found Newzbin guilty of infringing copyright and ordered it to stop and within a few weeks a new version appeared on the net,” he said.

Lord Puttnam added that today’s action was an “important test case which we all hope will help us to prevent theft and infringement online”.

An MPA spokesman said the film industry had chosen to target BT because it is Britain’s biggest broadband provider, with 5.6 million customers, and has technology already in place that could be adapted to block Newzbin.

“BT was chosen because it’s the largest and already has the technology in place, through its Cleanfeed system, to block the site,” he said.

“If this case is successful, we would hope that other ISPs would take note of the result.”

Cleanfeed is a system used by BT to block access to overseas websites that offer images of child abuse.

“We can confirm that we will be appearing in court, following an application for an injunction by members of the MPA. We have no further comment to make at this stage,” a BT spokesman said.

This week’s action marks the first time copyright holders have tried to force British broadband providers to apply web blocking technology to other material and has provoked serious concern among ISPs, who fear large costs and a slide towards censorship.

The stakes are high for the film business, too. Momentum Pictures, the British film distributor behind The King’s Speech, said it would “fully support this action”.
“The King’s Speech is available on the Newzbin website without our consent,” said Spyro Markesinis, the firm’s vice president of legal affairs.

“Neither we, nor the filmmakers receive anything for this. Lost revenues not only threaten our business and our employees’ jobs but also mean we have less money to invest in new films so the whole industry – and particularly the independent film business – is at risk.”

In parallel to the court action, copyright holders and broadband providers are in government-hosted negotiations around a potential voluntary blocking regime against websites involved in piracy.

A proposal leaked last week to the Slightly Right of Centre blog showed that film and music industry lobby groups, as well as the Premier League, want an “expert body” to decide which websites should be blocked before compliant ISPs act against them.

Christopher Williams is Technology Correspondent for the Daily Telegraph.

Link to original article here.

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