If you're at all tapped into the world of tech, you've no doubt noticed that there is a higher than usual number of acronyms flying around as of late. While gamers typically find themselves embroiled with issues of DRM, the Senate's recent PROTECT Intellectual Property Act (PIPA) and the House's Stop Online Piracy Act (SOPA) have raised some hackles here on Destructoid, and rightly so.
We're not the only ones upset, though. I recently got in touch with Trevor Longino, head of PR and Marketing at Good Old Games, a company that has spent its entire existence fighting against a tech industry that wants tighter and tighter control over our games, to get another perspective on PIPA, SOPA, and the effects these bills might have on game consumers.
Here is a bit of a primer: In the United States, economic times are tough, and politicians are looking down the barrel of upcoming elections. Needless to say, they're worried that things haven't gone quite as planned, and many are looking for a way to bolster support and make some powerful friends before the next round of elections.
What better way to do that than get cozy with to the Hollywood elite and write a few friendly laws to support those in control of one of the United States' greatest exports, entertainment? Enter PIPA and SOPA, two sister pieces of legislation aimed at allowing the government and big entertainment companies to wrap their gnarled, bony fingers around the throats of consumers.
Ok, ok. That's a little one sided and no doubt sounds hyperbolic, but trust me when I say that these bits of legislation could fundamentally change the way we use the Internet for the worse. If someone is hosting copyright-infringing materials on their website, then a copyright holder should have a right to go after them, right? I think we can all agree on that, but PIPA and SOPA make this process far too simple by removing basic protections.
Suddenly, if you're an advertiser on a website where copyright infringing material shows up, you're liable. If you sold an IP address to someone who then goes and does something illegal with it, you're liable. If someone complains to the government about your website, you might end up on a government blacklist and will be legally removed from Google search results. More than that, IP holders would be allowed to threaten and scare off everyone involved with a website from the top to bottom without ever taking someone to court.
PIPA and SOPA profess to protect IP, but in reality, they offer an unprecedented degree of power to publishers and other IP holders all in the name of stopping piracy and "protecting" IP holders. PIPA and SOPA might well allow big companies to curate the content of the Internet as a whole, and that's something we should all fear. Needless to say, if you're on this website, you have an interest in keeping the Internet free from government and industry control, but it hits even closer to home than that.
In my interview with Trevor Longino of Good Old Games, we discussed the effects of piracy and the ways PIPA and SOPA might effect games and commerce on the Internet.
In your opinion, what effect is piracy having on the entertainment industry? On the games industry specifically?
There's no disputing that piracy is hurting the industry. Even though we're very, very opposed to DRM, we don't argue that fact, but there are a few facts that are worth noting. Piracy isn't nearly as devastating as some studies would have you believe. People throwing around numbers in the billions of dollars of lost revenue are making some false equivalencies.
Every copy of a game that is downloaded does not equate to a lost sale. In many cases, torrent trackers display inflated numbers of seeds and downloads. Those scary numbers aren't real, and by letting ourselves be deluded as to the impact of piracy, we don't rationally look at what it really means for the industry and how to go about minimizing it in an effective manner.
Legislation, DRM, even advertising campaigns ("Don't copy that floppy!" should ring a bell for gamers of a certain age) aren't what reduces piracy. Convincing your customers that what you are selling is worth their money is the only way to do that.
Many big entertainment conglomerates have argued that the PROTECT IP Act is necessary to stop pirates from "stealing" their products. It even states that it has been created "to promote prosperity, creativity, entrepreneurship, and innovation by combating the theft of U.S. property...." What effect do you think DRM is having on "prosperity," "creativity," and "innovation"? Is DRM necessary to stop gamers from "stealing" their entertainment?
DRM doesn't stop theft of games, let's make that clear. It's a false argument to say it does. Every game that came out this year -- every single one regardless of the kind of DRM on it -- was pirated. Frequently before the game was even for sale on retail shelves but within 48 hours after launch, either way.
There's a whole industry devoted to selling DRM solutions to publishers and developers, and no one seems to be clued into the fact that it doesn't stop piracy.
If DRM doesn't stop theft, what does? Well, according to that very interesting survey that Vigilant Defender conducted a few months ago, the value of the game offer. Almost 50% of the users surveyed stated that one of the main reasons why they pirated games was the lack of perceived value of the package. Either they wanted the game for less money or they wanted more bonus content in the package. That should sound familiar, given that it's GOG.com's business model.
DRM isn't necessary to curb piracy. We've proven that. Make the value of what you sell evident, and you'll reduce the numbers of gamers who don't pay for the games they play.
The PROTECT IP Act allows IP holders to not only request that sites take down content which they believe is copyright infringing but also allows IP holders to go after advertisers on the website, domain registrars, and payment processors. These people would share liability for any illegal actions a website might be taking. Does this seem fair?
That's a tricky question and a bit of a loaded one -- different cultures have different expectations for "fair." I don't think I can judge whether it's fair or not. I think it is an inelegant solution to the problem of piracy, and I do not think that it will be effective. There is a host of reasons why it fails to perform as well as even the flawed DMCA does, and I do think it will have a definite chilling effect on Internet commerce.
America -- and I speak as an American citizen, here -- is losing ground to new marketplaces across practically every industry. Internet businesses are one of the things that we still excel at, and handicapping ourselves by creating what is more or less our own bowdlerized version of the Internet will only hamper our ability to compete in this arena too. It seems short-sighted.
Search engines are under attack too. The PROTECT IP Act would require search engines like Google to stop listing sites in searches if the Department of Justice puts the site on its "blacklist." This does not require going to the courts. What potential problems can you foresee websites like Good Old Games or other digital distributors might face as a result?
That depends on the level of abuse the system sees. Currently, some people abuse things like the DMCA requirements for takedown notices, forcing content to de-list that they don't even own the rights to. I can see the possibility that some people could definitely exploit this "blacklisting" for their own purposes, which would cause an immense amount of trouble for the website that has been blacklisted.
In general, for companies like GOG.com, I don't foresee a particular problem. We're a legitimate company, we have excellent customer service, we have a strong reputation in the industry, and we obviously have the legal rights to sell the games that we sell. I don't think we're at risk for being targeted as a scam.
However, a lot of the abandonware websites (sites that take a curatorial view of their downloads, saying that they're preserving these games from the ash heap of history) that have games that GOG doesn't sell yet could certainly find themselves in a bad situation. Anyone who advertises on these websites could also find themselves in a certain amount of hot water, which will cause the abandonware sites problems even if they aren't directly targeted for blacklisting. Advertisers will leave in droves.
Do you think gamers should be worried about the PROTECT IP Act and Stop Online Piracy Act? What would you suggest they do if they don't approve?
I don't think that the problems of PROTECT IP and SOPA are unique to gamers. If you use the Internet, PROTECT IP has a good likelihood of impacting how you will consume your information. I'd say the best thing to do in regards to PROTECT IP is to read up on it (Wikipedia has an excellent summary of the bill); if you don't like it or SOPA, then call your representative and let him or her know.
Don't send a form email -- those don't have the same impact as a flood of calls. Call. Better yet, organize a few dozen people to all call at the same time. Flood the phone lines and make your voice heard.
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Trevor Longino brings up a good closing point. We're all effected by what PIPA and SOPA might bring to the Internet and the entertainment industry. If we value our rights and our laws, we need to go out in support of consumers rights and join the rogues gallery of other voices already fighting the good fight. EA, Microsoft, Sony, Nintendo, and many other game publishers have all pledged their support to the bills, and with such powerful allies, it's going to take every voice possible to stop them.
We as gamers occupy a unique position in society. We're vocal, we're intense, we're connected, and we're technologically savvy. If anyone stands a chance of truly understanding the impact these laws will have on the Internet, it's us. So let's turn all that nerd rage and vigor to a cause for good. Let's break these bills.
Here are some good places to start: For a good overview and to sign an online petition, check out stopcensorship.org. If you really want to make a difference, take GOG's advice and get in touch directly with you senators here or your house representatives here. They are your elected officials, so make them speak for you!
And big thanks to Trevor Longino and Good Old Games for taking the time to answer my questions about PIPA and SOPA!
Contest:
4:00 PM on 11.28.2011 | 
What if other countries do the same thing to U.S based sites, would America stand still for that¿ Hell No! Someone should just "Vendetta" these politicians/the copyright sham industry and Hollywood.
These bills aren't based on well researched analysis, they're based on anger and greed as publishers of entertainment lose the massive amounts of control over the way their goods are consumed they enjoyed previously. They can no longer excel wildly using their dated business models, and instead of changing those models, they want the kind of tighter control that would allow them to continue with business as usual. They don't want to understand the changing of the market around them, they want to control its flow.
We have more power over how we consume entertainment than we have ever had. The solution to the abuse of that power should not be allowing the opposite end of the scale to abuse theirs. Understanding, common sense, and the treatment of all parties involved as human beings rather than potential threats and enemies would go a long way.
currently the USA seems to have a healthy internet based industry, especially with google based in california, but in order to keep their hold on the search engine top spot, I can see google abandoning the USA for another country to prevent the type of meddling that will hurt their business.
We're also apathetic because we're certain that "this will not pass." That bill about selling violent games to minors fell through too, so we're largely an invincible medium. And that's where we'll fail. They don't need to have everything pass. Just one little thing to establish precedent and we're done. Would that be a continual case-breaker? No, but a victory leads to more precedent and...By the way, did I mention I'm not a lawyer?
But what do I care? This isn't gonna pass. We're untouchable.
Not just that but the idea of "this is the way things are going so why fight it?" A large chunk of people would rather just go back to reading about their games than actually stand up for themselves. If people actually stopped just giving in at the first sign of resistance maybe we could stop anti-consumer policies, corporate and governmental. But that takes effort.
agreed.
it seems it's the usual America thing where they meddle in international affairs which doesn't even concern them.
i mean they can't even fix their own problems. what gives them the right to act as a medium to all of this.
i agree that no matter what kind of DRM you put it in place. there's always ALWAYS a way hackers will find a way on this.
what they should do is either lower their prices so that people can afford them at a reasonable price.
i mean games are $60 nowadays and even moreso in other things.
plus why not do what Udon Entertainment did.
by offering the first chapters of a manga and let the users decide if it's worth it.
what they want to do is to build an audience in this way.
they believe through quality work the audience will buy the full volume by next year.
heck they even ENCOURAGE you to share this file on bittorennt
http://www.udonentertainment.com/blog/udon/makeshift-miracle-on-bittorrent/
Well thats just it my friend. Corporations, despite having the same human rights as any American, don't think of us as human beings but rather human resources.
I honestly think the best way to promote this is to say that it's going to shut down Farmville/Angry Birds/Facebook/YouTube. YouTube is probably going to suffer the most damage, since Let's Plays and video reviews and all...Actually, YouTube is pretty easy to take down videos with copyright notices, if you lie about who you are. It happened to the guy who made the Nyan Cat video.
It's either going to be a vicious battle or it's going to be a curb-stomp.
Its hard when you have assholes lined up to defend the new status quo and one gets insulted for trying to stick up for their fellow gamers.
The funny thing about most of my gripes is that a lot don't actually affect me. I play PC most often so online passes are never a real problem for me, but I think its bullshit my fellow gamers can't enjoy the same things without there being some barrier put in place.
This was an excellent article and I hope we can all keep fighting the good fight against this draconian mindset that's been trying to settle its way into our industry.
I'd go so far as to say that the gaming industry in South Africa relied on piracy for many years. Yet its now a growing concern.
I heard that Obama plans on vetoing this bill, but if it got 2/3rds the vote across the House and Senate, then his veto may mean jack.
But in a tl;dr kind of way:
http://store.steampowered.com/app/115300/?snr=1_4_4__13
http://store.steampowered.com/app/115300/
Same game, same currency, $40 difference, one is the US store and the other is the Aus store. I pay more because I had the misfortune of being born in a different country to the copyright holder. Waltzing Matilda, Australian song, copyrighted by some company in the USA after the death of the author.
Why would anyone support these kind of bills? Copyright is the life of the author plus fifty years, all proceeds going to the author and his direct descendants, and in the case of no children lapsing. How hard is that? Now we have faceless organisations somehow controlling all copyright and blackmailing and otherwise suing random people out of existence for material they may or may not have accessed.
Why does the USA population not care enough in order to get rid of all politicians who support this? More to the point, what magical glitch exists that lets USA bills get enforced over here and how do I destroy it.
Huge entertainment companies with large legal divisions will be able to easily damage everybody else. By dragging advertisers into this they are creating effective weapon that will be frequently used. They will blast from all guns to make as much damage as possible and scare advertisers all around the net. After all advertisers want their product seen, not problems and fines. Only safe places will be owned by sponsors of the bill. Destructoid might well get a hit from this too. There's no problem to upload some copyrighted material to a hosted blog and that smack it. "I guess you can adv on Destr but is it really safe? You know they have so many community blogs hosted... there're safer places. Well, they cost more, but do you really want the risky option?" Protection racket with copyright. Nice.
BTW Think of "great" ways of future expansion of such a system. After all there's still going to be piracy and copyright "infringement" after this bill. This is still reaction-based. You can unsupervised put anything you want, where you want. Only that as you misbehave you are targeted. This bill will just make people "around you" also targeted, and speed up the process. Next step after failure of this one, is not allowing misbehavior in the first place, by controlling all content before it's available. This is what must be done to stop piracy. If someone screens everything - he's going to get first pirated copy and stop it from becoming million copies.
They are similiar to the bankers in some ways. ;)
How do you fix the problem of piracy then?
Quite honestly there is little to no accountability for most components of Internet companies involved with illegal activity. I read the following section and thought about which companies they were going after....
"The PROTECT IP Act allows IP holders to not only request that sites take down content which they believe is copyright infringing but also allows IP holders to go after advertisers on the website, domain registrars, and payment processors. These people would share liability for any illegal actions a website might be taking. Does this seem fair?"
While the question at the end strikes a resounding NO for me, at what point do you hold some of the companies liable for their involvement in illegal activity. They talk about advertisers and payment processors because they want to keep illegal sites from making money from people going there. They talk about hosting companies and registers because they want to see more proactive control over the content they are permitting and hosting. Quite honestly if the Internet industry doesn't want to be regulated by the government then they need to step up and take steps to self regulate. The only reason the gaming industry has avoided it for so long in my opinion is because they have been active in trying to do it themselves.
Sitting here and saying "Hell NO! We won't go!" isn't doing crap to fix the issue. Offer some alternatives then to the solution. I quite honestly think they need to change how the Internet is run for some time given the holes that pirates use to operate.
Valve lets me do whatever I want with their games, so I will always pay for their games. No exceptions. The industry should learn from Valve.
Valve lets me do whatever I want with their games, so I will always pay for their games. No exceptions. The industry should learn from Valve.
While I agree that DRM is useless, this is stupid to believe in as well.
These people are thieves, plain and simple, why wouldn't they lie about why as well?
http://www.joystiq.com/2010/05/10/one-quarter-of-humble-indie-bundle-downloads-were-pirated/