Deeplinks Blog posts about Video Games
EFF will go to bat for users' rights at this month's hearings on exemptions to Section 1201 of the Digital Millennium Copyright Act (DMCA). Section 1201's overreaching restriction on circumventing "access control" or "digital rights management" (DRM) technologies comes in direct conflict with lawful activities like conducting security research, repairing cars, and resuscitating old video games. For that reason, Congress included a provision allowing the public to petition the Copyright Office and Librarian of Congress for exemptions to the 1201 clause. It is a long, complex process that happens every three years with no guarantee that previous exemptions will stand, so EFF is back on the ground to advocate for several important issues.
In past years, EFF successfully petitioned for the right to jailbreak your phone and use DVD video for fair use remixes. In the 2015 petitions, we are working to uphold these uses and more. Here is what we are focusing on:
The Entertainment Software Association doesn’t want anyone to restore the functionality of older videogames that are no longer supported by their publisher, because, says ESA, this is “hacking,” and all hacking is “associated with piracy.”
When you buy a video game, you expect to be able to play it for as long as you want. You expect be able to play it with your kids many years from now if you want (well, maybe not Grand Theft Auto). And you would hope that museums and media historians could preserve the games that were so important to your childhood. But unfortunately, the Digital Millennium Copyright Act’s anti-circumvention provisions (17 U.S.C. § 1201, or Section 1201) creates legal risks for players who want to keep playing after game servers shut down, and curators who want to preserve games for posterity. That’s why I’m spearheading an effort to win legal protection for game enthusiasts and preservationists who want to keep abandoned games alive by running multiplayer servers or eliminating authentication mechanisms.
When you buy a book, a record, or a movie, you can expect to be able to enjoy it, on your own terms, for as long as you want. But the same cannot always be said about video games. Over the past several years, video game publishers have increasingly required connection with one of their own servers in order to "unlock" core functionality for gameplay. Publishers often take those servers offline once they stop being economical to run, leaving a typical gamer unable to play her lawfully purchased games. And this affects not just video game players, but archivists and researchers who want to preserve and study the history of games as cultural artifacts.
In Call of Duty: Black Ops II, players engage in a variety of missions. In some, they encounter nonfiction characters, including a character based on General Manuel Noriega, the former military dictator of Panama. As with movies or books, a creator of a video game might include real-world people as part of its historical narrative, to heighten realism, or for purposes of political satire or social commentary. The First Amendment should provide robust protection for this kind of creative expression. But some terrible court decisions regarding the so-called ‘right of publicity’ have opened the door to censorship by persons depicted in creative works.
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