UPDATE: Debunking Rumors About Bill S.978
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- Опубліковано 14 жов 2024
- In this important update video, DSP addresses some responses to his original video about the possibility of bill S.978 shutting down all video game footage on the internet, as well as debunks some popular rumors that have come up over the past week of discussion.
Go HERE to give your opinion on the bill to the US Senate: act.demandprogr...
Check out UltraDavid's website where he addresses some of the common misconceptions about bill S.978, as well as many other legal issues pertaining to the video game and entertainment industries: www.DPGatLaw.com
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I live outside the US, but I'm outraged by this. I'm doing all I can by spreading the word and have submitted that demand progress letter. If each one of your viewers has taken some sort of action, I guess we should win! :)
I checked the groups supporting this bill, they're many of them and are all powerful; however there are only 3 rejecting the bill! Come on people, POWER! :D
The main difference between existing law and this amendment is that it would change video game footage on the internet from being a civil offense to a criminal one. In that respect, a lot of companies at this point can still sue Phil for what he does, but they don't have to so they don't; passively showing support. Similarly to Capcom's passive support for tournament streamers etc. With this bill, even if a company doesn't want to press charges, the court will take over and still prosecute.
At 3:08, being only financial is not true. If you look at the current section of law code § 2319 says "(b) Any person who commits an offense under section 506 (a)(1)(A) of title 17- " "(1) shall be imprisoned not more than 5 years, or fined in the amount set forth in this title, or both,..." "(2) shall be imprisoned not more than 10 years, or fined in the amount set forth in this title, or both,..." This is the CURRENT wording, before this amendment.
I have not finished the video, and I'm unaware if this is said, but part of the law (the current one) is that if you put your voice over a game (like most lets-players do) or if you put your own music or anything that you own, over the gameplay, it's then rightfully yours to use. That's how lets-players have been getting away with not getting infringements and fines. What this bill will do is make it so no matter what, you can still be fined because it's copyrighted.
Did Ubisoft really say "We would never do something like that"? Because Pyschadelicsnake got some parts of his Assassin's Creed II removed for copyright.
I think Take 2 is the only publisher that doesn't like people putting footage up (GTA, Red Dead, L.A Noire). But most publishers like it. And I think game developers will deny this because they DO like the promotion that gaming on the internet gets them. Just think of what DSP's duke nukem review did. Promoted the fucking game and the developers even said that to him!
If the bill passes, companies will have to add a clause to their TOS which will allow posting videos of their games.
A public vote for this bill would be great only so that we can have people like UltraDavid and DSP explaining it to the public, so people aren't just thinking movies, but also all forms of entertainment.
Good news, a lot of Senators know about this and are asking questions. Let's just hope that it doesn't get passed for being too vague.
I agree with everything you said. But as far as karioki goes, any business or organisation that does karioki has to pay a royalty fee. If they pay that fee, then the copyright holder can't sue.
And if the fee was paid, then anyone can put videos of a karioki performance on youtube, or anywhere isle, and they're protected under law if the royalty fee was paid.
But one bad thing about our government is that laws get passed when they shouldn't because polititions doen't understand the issue.
The only time I can think of that video game videos getting brought down are Rock Band games because of the song copyrights.
Fortunately IF the bill is passed everything before the passing is protected under the Bill of Rights law Ex Post Facto, which means after the fact, so if a game compony (or someone out to enforce the law) tries to take you're footage from before then you're protected. What is this country coming to.
You know, I actually thought this Bill wasn't a big deal but in the back of my mind, I knew it was something to worry about.
DSPgaming, thanks for putting me straight on this and i'll be sure to let everyone know that this is to be taken seriously.
even though i'm confident this bill won't get passed, it still makes my blood boil like crazy
This would aslo affect music BADLY.Since i dont listen to the kind of stuff in the charts and is popular, its going to be hard to find music that i will enjoy and im sure many people are also concerned about this.I find artists i havent heard before on youtube.
At 4:48, the person who leaked that Gears of War 3 early build would be liable for damages/ jail time under current law code. It's called stealing and trafficking in stolen goods.
Read the bill, guys. It only makes two changes.
Firstly, the maximum sentence for publicly performing a work FOR COMMERCIAL GAIN in breach of copyright would be, in particular circumstances, increased from 1 year's imprisonment to 5 years'.
Secondly, there's a new offence, of publicly performing pre-release commercial works in breach of copyright. Yes, that's also imprisonable.
Game streamers are probably covered by fair use anyway, and even if not, this bill changes nothing for us.
SlimKirby had this BS happen to him too. He had a Simpsons:Hit & Run episode labelled "Magic School Bus of Death", and you know what happened? The producers of "The Magic School Bus" put a copyright claim on it. Now he's been screwed out of sponsoring from a website because of tthis and has to upload on his backup channel. This bill is fucking insane. It's against the Constitution. Specifically the Freedom of Speech. Why the hell do people try to pass something they know is illegal?!
I watched this video with "My Sherona" playing in the background. Can I just say.... fucking epic! You're very wise Phil. See you Saturday at Connecticon!
Video game companies don't care if fans posts stuff about their games.
Sunday, I went on Sonicwiki and I decided to see any updates for Sonic Generations. The page had what the plot's gonna be, what levels the 3DS and PS3/360 versions they'll have, and the bosses (Including a new villain)
Corporations: you don't like our freedoms, you don't like our money. If this Bill passes, I hope we take to the streets to regain "The land of the free" and make it law to publicly monitor corporations or ban them altogether for this fiasco.
@jmd620 That's why we get to choose if we want the bill or not.
Wait, that's not in your country. I forgot.
@SuperKamiccolo91 It sure would affect him. If you read about our copyright laws, we have ICE looking to extradite a 23 yr old from the UK for linking infringing content. There's also the Protect IP Act which is horribly misguided as well. The bill would be a way for the US Government to try to export US copyright laws around the world.
14:00 the best advert ever
Wouldn't the video game devs and publishers be against this too? Companies like EA and Microsoft should say something.
whether or not this bill gets passed Rockstar will be the first company to file a complaint, but on the bill i hate how the people who write or pass laws understand little to nothing about what goes on in the tech world
Well if you think about it we maybe protected by U.S. law for this, because we payed for a product we should be allowed to do what ever we want with it. Besides making fake copies and selling to people. And honestly we as viewers don't benefit from viewing walk throughs/lets plays like viewing a movie so if this bill does get passed it'll be a time wasting thing that no one will agree with.
What we need to do is find a way to get all video game developers to sign some legal document that says that they give permission to people to do let's plays and such therefore all videos like this are all legal as they have permission from the copyright holders to be published. Does that make sense to anyone else?
because of videos like this, and 500,000+ people who signed the petition on demand progress, they have CONSIDERED canceling the bill
but the people behind the bill said that video game streams won't be affected, so you shouldn't be that worried
I'm still unsure about the walkthorugh format, i do gameplay commentary for MVP Baseball 2005, so is that fair use because the only audio i dont do is within the game with the walkup music and sound effects
I've got a question...what about people who do, like, spoofs or skits and put them online? Or making an animation or fan art or something? You know...a knockoff of a work?
@DSPGaming
I have a question. I live in Canada and whould the bill affect me also if i, example, put a gameplay of COD even if i'm in Canada?
@Creedinie1 just a question cause it's just what i heard but isn't the bill going to overwrite fair use policy
@DSPGaming Isn't this suppose to be like: if i design let's say company logos with PhotoShop i only have to by the software once. I don't have to pay Adobe for each and every logo i then resell. Same with video games, and there are a lot more examples out there that contradict this bill. The problem with this i think is that software is a relatively new territory for lawmakers.
There's no way this can be consitutional in any way… Hopefully if it's miracously passes the Supreme Court will do something about it.
Wow what the hell. Over half the games I own I WOULD NOT HAVE PURCHASED if I hadn't seen at least a couple reviews for them beforehand. A lot of people are going to lose a lot of money, and they will not be the only ones that are pissed off.
if this happened then sooo many montage makers and people like that would go to jail. its really sad tbh
Without internet advertising I'll have no clue of what games are coming out.
Newer jailman: whatcha in for?
Older jailman: stealing a year's supply of shampoo and mouthwash from wal-mart. You?
Newer jailman: I played Super Mario Galaxy 2 on the internet.
Older jailman: WARDEN!!! GET ME AWAY FROM THIS FRICKEN MANIAC! STAY AWAY FROM ME MANIAC!
This video mentions Machinima ...However if you go to their youtube page, they have no mention of the bill and no video of their own. If they were worried, I'm sure they would be reaching out to their fans.
Makes me think the video game companies will charge a license fee, and instead of videos made by people, we'll only see large media outlets...By the way Half of youtube is NOT video game streams... half is actually cat videos :) if there was a bill stopping that, the Internet would explode.
THIS BILL ISN'T GOING TO AFFECT YOU TUBE AND OTHER PUBLIC STREAMING SITES, IT ONLY AFFECTS WEBSITES THAT PROFITS FROM LEGALLY STREAMING COPYRIGHTED MATERIAL.
plus, they ARE thinking about rejecting the bill altogether
I was honored to help
this would stop people who live in the USA, but people who live in other countries such as me in Australia would be completely unaffected. so i guess its time to buy the HDPVR
@DSPGaming Copyright is a statutory right. The 1st Amendment is a natural right. Copyright is supposed to be to "progress the Arts and Sciences" whereas the 1st Amendment allows you to express yourselves regardless of the consequences. Where copyright begins to impede on the 1st Amendment (as of now), the 1st Amendment is what should prevail.
Man, that's fucked up how someone can make a claim that they are a representative of Ubisoft and ask YT to close your old account! That's a fucking loop hole which YT should patch up, if it's not already.
Just a small thing. Nintendo supported this and COICA IIRC. People should read up on this at Techdirt.
@havocy91 ? really ? ps. is this also gonna come to Denmark and other country's? :-O
Call Of Duty's Black Ops Theatre mode has the "Render Clip" option biult in for you I believe specifically for uploading game clips.
On tumblr, there's a petition going around against bill s.968. are bill s.968 and s.978 different? the talk on tumblr leads me to believe they are the same. if they're different, can someone please explain to me how? thank you
Gotta say when I 1st subscribed to Phil back in 08 it's been one hellofa ride from great play throughs, shut downs, moving to different sites, trolls, lay offs, being a self made man and now Gov bill issues damn it's always an interesting event with Phil and with this bill s.978 It can kill off any if not all experiences of media out there it cannot be made to pass
@LightWeightBro Do you think MLG wouldn't get permission from Activision to stream matches?
@thetguy, so basically the only gameplay footage a Canadian like me might see is from any non-American user, correct?
@446jamie What about sites that arent from US? Those sites have to delete the videos also?
another company that people are forgetting that would be affected by this law is RoosterTeeth, and they are making money on their red vs blue machinimia which is love by a hell of a lot of people.
So does if this bill passes, and affects dsp and machinima, will it also effect websites like IGN and Gamespot?
@me44888 that would be interesting to see... but as Phil said, the whole thing about commentaries over a playthrough if it is or not a violation to the law isn't very clear. So first of all, I think it should be good to settle this thing first because it would be difficult to draw a line for companies such as EA, Ubisoft or whatever who wants to allow anyone to publish videos of their games. Because another question would come up eventually : what are these companies allowing?
14:44 I almost died at that face.
he raises a point at around the 18.5 minute mark, maybe change the wording to TV and music and leave video games out and it might work
it's been 3 months and this bill has been left to rot since it was introduced. Hopefully, this is one of those cases where proposed legislation simply dies of neglect.
"hay I want to see if this games is any good, of wait I can't well I guess I won't get it" this bill will do that.
i talked with a law student, she said that the bill would not hurt lets plays but will hurt tvs and movies and stuff.
Guy 1: I'm in jail for murder, how about you?
Guy 2: I kidnapped my sister.
Guy 3: I posted a 11 part game play of Battlefield 3.
This is an example of the bull shit this bill will give us.
Phill I just bought FEAR 3 because of your playthrough. I loved the playthrough and the game looks really fun during your playthrough so I purchased the game. Your playthrough are definately free advertising of games. Thanks for the playthrough phil.
WHY ISN'T ANY VIDEO RELATED TO THIS BILL NOT ON THE FRONT PAGE OF UA-cam?? LETS HELP IT GET THERE. THUMBS UP, COMMENT, FAVORITE, AND SPREAD ANY VIDEO RELATED TO THIS SUBJECT.
Ohhh the ghost are being chased by the Ghostbusters......I get it now.
LOL Wikipedia says we cant even show Karaoke footage!!!!
the potential of this bill... its so... scary
But what is the companies says "Ok, permission to all people to stream videos, shit this law".
@theoneeawesomeness That wouldn't work as each individual would be required to prove that they have permission to do such. This would end up with companies such as Blizzard and Ubisoft getting dragged into these trials to support their customers. Thats not likely to happen inside the US. Thats another problem of classifying it as a felony.. As a felony the copyright holder's no longer have a say on if they want to press charges or not. The state would press charges instead.
Eh, I think at this point the bill is still too vague for it to pass without it being reworded properly to make more sense.
Lets say that in the event this is true and it happens, it would just mean companies like Machinima and GameTrailers, review companies and such; will just need a license to continue doing it. That however would mean that unlicensed individuals would end up getting fined.
But it's still got a ways to go and clarity.
they do know that movies that are actually uploaded to youtube is around 2-4 years old after its release???
Man, this is like the Civil War, only virtually bloodier.
Machinanima can always get permission for all it's partners from gaming companies
I thought that the big thing about machinima was that they had permission from the game companies and that's how they make money posting game footage.
So if this bill goes through, would it only affect people who live in the U.S?
I wrote congress about this and made it CLEAR that I'm against this bill. I have a question. If this is passed, do you think this will also apply to classic Let's Plays? As in original NES and SNES games that aren't on the shelves anymore?
I have posted your previous video aswell as a website about this situation on the KoeiWarriors Website.
Current released video game's aren't worth $2,500.. It doesn't matter how many hours you put up.. But movies that are still in theaters and video games that have yet to be released may be worth over $2,500 so this law is in place to protect them not for game-plays...
man if phil manages to get out of this one after the copyright claims, the false ad clicking and the so call offensive dead space 2 demo on blip.tv im going to have an all new respect towards him and if he doesn't ill still support him in anyway i could
I have a question, if someone who is not from the USA put up video game footage will this affect them in any way?
@xcgillx2 the thing is is that with the bill the government can prosecute as well. as it is now, only the companies can.
I dont think E3 will be taken down because the companies put their games in there to show what is coming
I think Phil took AP Government
I'm with Phil. What he does is a good thing. First, it provides free advertising for the companies. And second, it keeps the companies honest. Without unbiased reviews from people like Phil, the game companies can unload bad games on us without us knowing how bad they are because the people they pay give them good reviews. People like Phil keep the companies honest so that we don't waste our money on bad games.
This would mad funny if this happens, the bill passes senate then passes congress and obama is about to sign it into law and then says "fuck this, this bill is bullshit because im a gameplay commentator myself" lmao
Victory cannot be achieved without sacrifice....so we will need to keep bieber on the internet to save gaming videos
Does this affect people outside of USA? I am aiming at Europe to be exact
Criminal and Civil Law, people need to learn the difference.
I can feel for the companies though. There are many games that I was thinking of getting but watched playthroughs of them to see what they were like, and it made me not get the game. Maybe they are trying to go back to the old times when you had to buy the game to experience it. Companies are most likely losing money from the playthroughs
O MAI GAWD. Imagine going to jail and sharing a cell with a dude who murdered someone and he's all like " So what'd you get here for?". You say " I recorded a playthrough of dead space 2". This is bill is so stupid. The government is supposedley trying so hard to improve the economy, and yet by doing this their GETTING RID OF HUNDREDS OF THOUSANDS OF FUCKING JOBS!!!
@Dertaxo Thanks. What they're doing with this bill is truly one of the most stupid things I've ever witnessed. And trust me, that means a heck of a lot.
Well, they do not directly own the internet, but imagine this. ICANN, an US based company, owns all top level domains (com, net, org and more). Almost every large internet Coörperation (Google, Microsoft, UA-cam, Twitter, Facebook, etc.) is US based. Read the "Internet governance" page on wikipedia for more info.
And about China, just be VERY happy they do not own the internet, because that would have been much worse than it is now. Although the US might become like China in the near future.
so does this mean if this bill is pasted, there will be no more walkthroughs of games? That will suck a lot
Wow my phone is dumb I meant to say watch Phil turned into a ruthless killer after his time in jail
Phil you're the effin' man! Your examples for your arguments rock!
If I go to court I hope Phoenix Wright would be my lawyer.
26 people work for the MPAA/RIAA.
@emerybryant it hasn't even made it through the Senate yet, but it hasn't been stopped.
I thought it said they will only put people in jail if they are making more 2,500 off of it.
And thus Steve Jones was created :( I remember that back In 2010, was crazy.