If Not, They Better Tell Their Lobbyist
You may have heard or read much about SOPA in the news the past few weeks. For those unaware, SOPA, or the Stop Online Piracy Act, will allow the US Justice Department to serve court orders on websites outside the country’s jurisdiction suspected by IP holders of copyright infringement or outright piracy. Inside the US, the bill would make streaming copyrighted content without authorization felonious. The act also allows, with the approval of the US Attorney General, the blockade of sites in question by US based search engines. IP holders can also petition payment and ad network services serving sites accused of infringement, demanding they suspend service or face potential liability themselves.
The bill is expected to be voted on when Congress reconvenes later this month. While there remain a lot of procedural hurdles–not to mention threats of legal and constitutional challenges from opponents should it become law–the bill is starkly opposed by many Internet users, as well as those who make much of their living on the web. Several major names in gaming, including EA, Microsoft, and Nintendo, have come under fire for their support, direct or otherwise, of the bill. All three have dropped official independent support of SOPA since the outcry.
But that may not matter, because the trade association and lobbying group all three aforementioned groups pay dues to still supports it. The Entertainment Software Association remains on the list of SOPA supporters, as seen on the record via the House Judiciary Committee website. That means the ESA, in effect, remains lobbying in support of the bill on behalf of more than 30 video game companies…including Sega.
And no wonder; when we checked the ESA website for its stance for “Federal Issues,” here is what the group said on copyright matters, again speaking on behalf of its member companies:
ESA member companies depend upon strong enforcement of copyright laws to protect their works. Ensuring that harmful copyright legislation is not enacted has been and remains one of ESA’s highest priorities. ESA was an active participant in the public policy debate that culminated in enactment of the historic Digital Millennium Copyright Act (DMCA). Legislative efforts to weaken the DMCA will continue to be vigorously opposed by ESA.
Today, copyright protection is being assailed from many different angles. Bills are repeatedly introduced in both the House and Senate that would destroy our member companies’ ability to adequately protect their intellectual property. Accordingly, ESA continues to be actively involved in any congressional debate on issues affecting the DMCA, the Copyright Act, and digital technologies that pose a significant and direct threat to the copyright protected works of our members.
ESA staff also spends a considerable amount of time advocating for copyright legislation that is favorable to the video game industry, which will enable ESA member companies to protect their intellectual property and further invest in the creation of entertainment products that will be enjoyed by millions of consumers.
To be fair, the ESA has made clear its opposition to any changes to the Fair Use doctrine in the 1976 copyright act, which this site and others have invoked from time to time, allowing us to bring you various stories that otherwise would have rendered us exposed to possible litigation.
Still, those opposed to the bill believe that should SOPA pass, any company, not just those in the video game industry, could in effect drain the revenue from legally operating websites that portray the company unfavorably, if not purge the site from existence altogether. Gamers opposed to the bill believe that despite MS, EA, and Nintendo’s withdrawal of direct support, the continued ESA support still attaches their names toward the effort.
Sega, for their part, have remained independently mum on the matter to this point. Then again, members of Sega’s official forums haven’t been allowed to discuss the matter; moderators (who, we should note, tend to operate independently of Sega directives themselves) have locked down all SOPA-related discussion, classifying the matter as verboten “political talk.”
Given the consumer blowback other companies like GoDaddy.com endured in the face of their support, it is surprising to see only three industry names be called out in the SOPA debate when one organization is, in effect, giving more than 30 companies that voice. It’s not clear if Sega will ever clarify their stance on the bill independently instead of letting the ESA speak for them–there was a time, after all, when Sega was as big an industry player as Nintendo and Microsoft–though if they do, clarification about their ties to the ESA may also be necessary. Sonic and Sega fans are among the most vocal among gamers; the question now is whether those voices will be put to a greater, more important use ahead of the crucial Congressional debate.














Sounds to me like we have a bunch of “Eggmen” in Congress. Some people think that they’re just ignorant old folks that have no idea what the ramifications of passing a bill like this will do to the internet, but I have a suspicion that most of them probably do. Basically they will be able to “nuke” any site that has even a hint of copyrighted material which is (let’s face it) about 90% of the internet right there. Needless to say, it’ll take all of us coming together to fight this bill. Some may say it’s virtually impossible, but I say nothing is impossible….
Sega and others would be wise not to support this bill. This bill is meant to protect their rights, however in doing so it may in fact hurt them more in the long run.
See, sites like TSSZ, Retro, and others, are in fact free advertizing sites. They provide a place for fans of Sonic to congregate and meet other fans. If you are a game company and you start shutting down places like this, you will only hurt your own cause. If you promote this bill to save your games from copyright infringement, in the end you will in fact loose more revenue from shutting down websites that promote your games.
The same applies to places like DeviantArt, and it applies to all game companies and characters, not just Sonic. You will effectively shut down your own fanbase. People will quickly loose interest as there will be no places for them to post derivative works, other than your one single official site, which too, will make it impossible for people to share their love for your games.
People will lose interest in video games if it becomes a felony to create fan art, games, and music. It will pretty much be illegal to enjoy the games that these companies are trying to sell, and people must enjoy them if they are to buy them, and part of that enjoyment comes from sharing derivative works.
If you are a game company trying to prevent piracy of your games, this bill is NOT for you. The revenue you loose from people downloading free derivative works on the internet, will pale in comparison to what you loose when these sites are gone and your fanbase dwindles. If you want to prevent piracy, wait for a bill that is specific to preventing piracy of the games themselves. This bill is way too vague and encompasses literally everything that doesn’t even resemble piracy, and infringes on constitutional rights. Please do not support this bill.
I don’t think it has even a snowball’s chance in Hell of it passing. Even old fogeys use YouTube, Facebook, and Twitter, and I’d bet enough of them watch TV shows and whatnot through illegitimate means that they’re going to fight tooth and nail to stop SOPA.
@EightBitDragon Well said good sir.
One last thing too…I’m not sure entirely but I know with walmart and stores alike….they have retail theft…and of course we see online theft but here in the USA…I think most if not all companies can write those kind of losses off as a tax write write off? Not to sure about that works with companies like Sega or Nintendo or even Sony, but I would bank on it that they all get it though. Not that I encourge piracy here I just say though that Tax write off’s are not being mentioned.
@EightBitDragon
Amen to that, brother.
@Sonick “Impossible is just a word to make people feel better about themselves when they give up” Whoever can say first who I’m quoting is awesomesauce.
@Ee that bill doesn’t necessarily make us a “police state”. It’s actually meant to better stop terrorism. It’s both good and bad, the good side is that it can possibly make the US a much safer place from terrorists but the bad side is that the bill can have tyranny side affects from the government. And Obama said he doesn’t like everything that’s on the bill but it could potentially protect ppl. So it’s 50/50 from what I’ve researched so far. And oh yeah..SOPA is retarded
Yeah, I’m pretty sure Sega wouldn’t support it :] cus i think they know how many fans they’re getting because of the internet. If it weren’t for me watching Sonic Gameplay Videos 3 yrs ago on Youtube i wouldn’t be such a huge fan of Sonic. Now i own a bunch of games and sonic plushies! SEEEEEEEGGGGGAAAA
<3