Fines and Laws against Game Reproduction
Numerous billions of money of computer companies went down the drains in different
countries such as Canada, Australia, and the United States. More and more had lost their jobs because of gaming piracy mostly in the Internet environment. With regards to the fines and laws against game reproduction, there is much to be said about its real effect on those who abide by the law, and those who do not and are thus required to be fined by going against this rule.
* A Powerful Message or Not?
Sadly, the usual fines and laws against game reproduction for gamers, owners, and self-confessed pirates are not that strong to uphold its aim in putting an end to gaming reproduction or piracy. Not everyone really listens at all.
What usually happens in the real world is that with every pirate banned, there are more individuals that would come out in the open and continue the reproduction legacy. It’s a vicious cycle even though the possibility of being fined a great deal of money, getting jailed, and everything are there as a form of wake-up call for these people.
From the way things are going, one can infer that these laws and rules don’t really pose as a great scare to these people.
As such, it’s really an ongoing problem that may not be easy to stop since there are certain perpetrators that are very good at hiding from the public.
There is some earlier basis to this particular situation being a repeated version of history.
* A Piece of History
Looking back a few years ago, this has been a known history that was never actually followed.
Basically, its earlier version of problems started with computer software reproductions during the 60’s and 70’s. With the introduction of newer technology through the years, piracy followed alongside, and went for other advanced mediums and technologies as well.
So, it really didn’t stop. It merely flourished with the new additions to technology.
A pressing question that remains unanswered up to now: If a certain rule on banning this was so effective then, why are there still a lot of pirates who illegally reproduce video games, software, and other things, and get handsomely paid for it?
* The Dirty Works of Emulator Pirates
What happens in the underground world of emulator pirates is not that favorable. But more and more of these people seem to be joining their choice of getting and giving away game versions.
They usually work alone. But, there is some leakage information that some had eventually formed their own groups to strengthen their force.
They have certain ways in getting what they need.
As emulator pirates, they use emulators (also known to be software programs that copy a particular machine’s hardware component) to get their reproduction business going. This easily loads the ROM (Read Only Memory) of the machine. The ROM usually contains the particular games being used on the machine. Data is then transferred from the hardware of the machine unto a microchip.
Typically, this is what happens when reproduction is being done. But there are also other faster means in getting the information needed by these people through online portals. And that isn’t considered to be a good method.
* New Rules on Reproduction as an Answer Posed by Pirates
But, there’s something that is so amusing about all these things. That is, most pirates, or those who shamelessly copy copyrighted video games, give out two reasons that – according to them – are actually given by law. In their opinion, that means, they are not doing a bad act after all.
However, it may be that they didn’t clearly understand what they said.
To expound, here are some of their replies and the actual difference in meaning that was being mentioned in the recent laws of gaming:
One: They claim that the method on reproduction is not really punishable by law and are deemed to be legal in most aspects.
In most parts, reproduction and distribution is legal and ethical, provided that backup or archival purposes will be the main reason for this. But, this can only be done if the user will make copies for themselves using their own hardware cartridge. If this is distributed or gathered elsewhere, like on the virtual environment, this isn’t anymore included in the rule of 17 U.S.C section 117(2) on copyright laws, and will automatically be considered as an illegal action.
Punishments for this can be grave. The person who would be caught doing this will be fined up to $250,000, be sent to jail for a period of five (5) years or more, or both.
Two: They say that obsolete works can be reproduced to give continuous exposure to those who made it.
This other argument of these people is another wrong notion about the law governing obsolete works. Those games that are not currently being sold in various stores anymore are not going to profit from a futile exposure claim by an emulator pirate. What’s more, copyright usually takes a valid claim on the work by those who made them for a period of seventy five (75) years from its date of publication. That simply means that the owners still hold claim to the copyright for a number of years even if they already closed shop. And if they decide to sue the perpetrator, they are legally entitled to do that.
Another possible problem that may occur with obsolete works is that if the company decides to come back again and continue its manufacture of the game and other newer versions of it. How can it work efficiently in the business world if someone already had stolen their products, and is marketing it without their knowledge?
* New Methods in Stopping this
From the early 60’s up to now, piracy still poses its threat towards the security of copyrighted video games. The fines and laws against game reproduction may have to be reconstructed to help this situation, and really put an end to it once and for all. And, probably, to better approach this predicament, the public may also have to lend a hand as well in saying no to the production and buying of illegally reproduced copies of games.
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March 1st, 2008 at 6:17 am
I agree with much of what was said but you really left out a lot of the details. Most game emulators are free for download and not for profit operations. Some people may be trying to make a buck off of this but in reality all they are doing is selling something allready available on another site. This is common in all things on the internet. Live, legal recording of concerts are downloaded from a website, some guy makes a cd cover from it and sells it as his own exclusive content.
You argument fails to make a direct connection between the emulation community and failure of these companies. You are talking about emulators that reproduce products that are no longer on the market or are woefully obsolete.
This statement is misleading “Numerous billions of money of computer companies went down the drains in different countries such as Canada, Australia, and the United States. More and more had lost their jobs because of gaming piracy mostly in the Internet environment” because it implies the emulator community is responsible.
The level where I think a real economic impact is felt is when some takes an existing product that is currently for sale, such as PC or PS2 games, copies them and sells them. There is no emulator needed for this you just need to copy cd’s. This is the same issue that has always been around for cassette tapes and music cd’s.
The primary reason many of these emulators exist, in my opinion, is not to make money. They are developed by geeks who have a genuine love for the old video games. These games are classic and engrained in everyones minds. Who doesn’t remember trying to find quarters to pump into these fancy slot machines, or watching some prodigy rack up a crazy high score. For me the coin-op video games are wonderfully nostalgic works. The designers should get full credit for there creations. More than full credit, they have an army of devoted supporters.
The ability to play through to the end of the Simpsons video game or have endless replay in PacMan without pumping endless quarters into a machine is a huge temptation. This was after all what coin-op games are designed to do, to hook you for the next quarter. For the most part the intent was not to let you win but provide that illusive goal or next high score. Now with all this on your home computer you don’t have to pay 10 dollars to get to the end of Ghosts ‘n’ Goblins. Even though modern video games are in a class of their own you still might be wondering, what does the little animation bewteen levels look like for the next level of MsPacMan.
The question is how much would you pay for this ?
Some of the old video game systems suppliers like ColecoVision have allowed emulation of their roms to continue. I think they realize that in there case lawsuits and punitive actions would cost more then any potential profit they could make from selling there old games on the internet. Other game manufacturers like Nintendo, Namco may be in an entirely different situation.
ColecoVision, for example, is an obsolete dinosoaur. Many of the other game emulators are in the same boat. It is dead because stacked side by side with newer gaming systems it is inferior, has blocky graphics, lacks 3d capabilties. Any kid would rather have a PS2, PS3 or XBOX. If they were to sell there own packaged emulator it would not make money.
The modern coin-op games are dying because home video game systems offer the same quality and greater variety and replay without quarters. If a new game does not have some gimmick that you cannot allready get at home then it is doomed from the start. The price to play modern coin-op video games is now a $1 or $1.50 which is way to pricey for me. These games kill themselves, the novelty of going to an arcade has worn off.
It should be emphasized that emulators are created as homages to coin-ops, home systems that no longer exist or are hard to find. This type of exposure brand worhip can hardly be harmful to a company. It is a testament to the impact video games have had on the fabric of this society.
You should not blame emulators for the downfall of obsolete systems that could not compete in the modern marketplace. They just do not have that big of an economic impact.
It is fully within the rights of the creators of the game to demand someone pay for the use of their product. That was the original intent anyways. I fully support going after those who are trying to make a profit off of these games. What the bottom line comes down to is it is up to the game designer or whoever owns the copyright. If they feel they can make a buck off of the retro-game movement they are going to take action. They have to weight punitive costs against potential profits.
I also think Game creators have the right to also pursue punitive damages to keep games buried. The same way many great song recordings remain unreleased. It may be the intention of the copyright owner to bury there game, book, movie or song in some deep vault that will never see the light of day, erasing any lasting legacy. Maybe they are waiting for a resurgence, so they can add the song or game to a greatest hits cd. It is ultimately their choice. PacMan and Mickey Mouse are the same in this sense and as long as the parent company is alive and kicking they can do with the image as they want.
I do believe though that by the time I die Mickey Mouse will be a think of the past. The image so hacked up, misused and branded noone will recall who the mouse was or anything of his cartoons. They will just associate him with the bad taste of legalese and large corporate vultures.
March 4th, 2008 at 5:08 pm
For the modern games, there is also the the problem, that a lot of them prevent you from making a backup for your own purposes. To me, that is theft on the part of the game distributor. If I buy a copy of a game/utility/software package, then I have every right to make a backup, and use that backup (keeping the original safe), or using the original, and keeping that backup for a rainy day. So I don’t feel a whole lot of pity for any game distibutor or designer that includes anything more than a keyword generator for copy protection on their productions.
March 11th, 2008 at 2:18 pm
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March 20th, 2008 at 9:51 pm
You have got to be kidding. . .
These companies own our govt. Not that strong? They’re ridiculous to the individual usually, but maybe not to the professional pirate.
One of the biggest lies the industry tells is the amount of money they lose. The fact is, they would never sell anywhere near the amount pirated on a casual basis. It’s almost like demoing games. Most games I demo I will never ever buy, and on that subject I do believe that demos probably reduce piracy in the same way. Though I suppose it could also increase it, in another way, such as. OMG this game will never be worth $50 or more, but this company does deserve to suffer.
Anyway when I was a young’un I received games from a friend that I would have never been able to afford to purchase. As I got older, got a job, I purchased from many of the companies that made these games if they were still around. I still miss many of those old games and wonder why the companies refuse to reissue them for a decent price. Either way being able to get near free games encouraged me to become a gamer and interested me in computing my whole life(I’m nearing 40). And the few games I received as a kid were nothing in comparison to the tens of thousands of dollars I’ve spent as an adult on gaming.
The great thing about life is you can view things so many ways… here’s one.
Anyway many of their so called lost dollars are in countries that can’t afford their product. That means they really didn’t lose much money in these countries at all but get free advertising for the future when maybe they can. In reality many of these companies have realized this to a greater degree and have pricing some what inline, but still many companies would rather choke off any of their product then having to resort to selling it less expensively.
Anyway… these companies will make excuse after excuse why their games won’t sell, when most of it comes down to, well maybe if this weren’t the 500ith FPS or GTA clone maybe they could draw some real interest in their product.
Maven
March 24th, 2008 at 9:35 am
Well that isn’t the issue isnt it? Its about the legality of ripping off someone’s or a company’s product