Date Posted: July 18, 2011
Print Edition: July 8, 2011
By Joel Smart (The Cascade) – Email
Just when the Supreme Court finally shot down a California law that would restrict underage gamers from buying violent video games, a new bill sprung up to strike even more fear in the hearts of gamers everywhere. United States Senate Bill 978 aims to make the “performance” of copyright material a jailable offence. That would make uploading a replay of yourself playing a video game a felony, not to mention simply embedding a YouTube video of someone else playing a copyright video game. Because each viewing of the video would constitute a performance, embedding the video would make you liable for the activity as well.
Of course this bill is primarily interested in stopping internet users from uploading film and television, not to mention copyright music, but Bill 978 is surprisingly inclusive in its wording. According to JoyStiq the violation of this proposed law could land people in jail for half a decade if a video they upload is viewed more than nine times, as long as the performance is worth $2,500 or more. The implications are certainly more broad-reaching than simply video games, as it would likely force well over half of the videos on YouTube to be removed. The bill is most pressing to citizens of the United States, but clearly the effects would be felt in Canada as well.
With the increasingly popularity of video game communities dedicated to uploading funny or interesting video game replays or walkthroughs, the bill could signal the end of an era in video game history. For some games, like Minecraft, the removal of a means to share with the community would surely signal the end of their success. In fact, videos increase the sales of games, and increase the enjoyment of those who use them. Funny videos of games go viral, and act as free promotion for new games. Therefore it’s likely that most video game companies do not support this measure, and would actually suffer if it were to scare off growing gaming communities.
One option for game companies would be to write an exception into their Terms of Service (TOS). On his personal Tumblr account, Minecraft creator Markus Persson wrote: “If the bill passes, I suspect many game companies (including us) will add a special clause to the TOS specifically to allow posting videos of their games. A huge part of why Minecraft has grown so fast is the YouTube community.” Regardless, it’s likely that videos of older games, especially “Let’s Play” videos of retro games like Commander Keen and Crash Bandicoot, would still be at risk of removal and subsequent punishment.
The Supreme Court’s decision to repeal the California ban on violent video games should signal good things for concerned gamers; at least lawmakers are cognizant of the fact that gamers are calling for protection of the medium they have grown to love. It’s tough to say whether the bill will pass or fail, but a good case could be made that the wording needs to be fixed and an amendment should at least be made for video games. Unlike a film, a video of a person playing a game is nothing like actually playing the game. I hope this fact is recognized in time and Bill 978 is shot down before any real damage is done.
