【特別国会終盤1】法案目立つ高市色=丸山 重威

5 hours 38 minutes ago
 第221回特別国会 (2月18日開会・会期 150日間)は、7月17 日の会期末まで1カ月を 切り、審議は終盤に向か っている。政府提出の重 要法案はすでに成立の見 通しが立っているものが 多い。今国会では、高市 政権が、国家がいかに国 民の自由に制限を加え、 縛ることに「前のめり」 かが、あからさまに示さ れた。政権を支持する岩 盤層へのアピールを意識 した「右派迎合・戦前回 帰」路線と評したくなる 法案が続々と決まった。 問題はこうした時代錯誤 の法案が「憲法に照らし ..
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Sony Nerfs Videogame Ownership

1 day 4 hours ago

Legal intern Suzanne Castillo co-authored this post.

Playstation’s decision to kill physical game discs is the latest attack on our diminishing rights to access and engage with culture digitally. Rent-seeking corporations and negligent lawmakers share the blame–and they can do better. 

We’ve seen the same playbook used in the move to digital distribution of  film, TV, and music: draw in customers with the convenience of a digital download, then limit physical access and move the goalpost on what it actually means to “own” a piece of media. The end goal is to turn the customer into a renter, stuck making regular subscription payments for access. Gamers are right to sound the alarm, and we must take this moment to fight for digital ownership before it’s too late.

Disk Space Invaders

Depriving gamers of physical discs leads to another obvious and immediate cost: data.  Unlike other digital media like film and TV, video games require a ton of storage. Access to high speed internet is still abysmal in the US, making the high-speeds needed for digital game downloads a luxury some of us may take for granted. For many, a modern game can take days and exceed their data caps. 

This made physical discs, particularly for the biggest AAA titles, a logical choice that also largely spared gamers from losing traditional ownership rights. With physical disks, the cost of storing the game was included in the purchase.

Own or Be Pwned

Limiting customers to digital copies also pushes gamers further into rent-only copyright culture.

Physical media comes with a "right of first sale," which means you can lawfully share, resell, alter, or destroy your own copy of a copyrighted work. This right has also helped protect the emergence of alternative community servers, and emulator addition of online play to games from the dial up era.

But courts have held that digital media doesn't carry the same right, meaning no such protection is afforded to digital purchases. Your ability to freely share games with friends or pass them on to family members becomes totally subject to the whims of the distributor. 

So, for example, a digital-only approach effectively guts the second-hand market for games. Saving some money with a used game and recouping the costs by reselling are no longer an option. Even with steep discounts and holiday sales, this raises the minimum cost of engaging with the medium at all.

The inevitable conclusion of the move to digital-only purchases is to lock gamers into  subscription models, making their access totally dependent on the distributor— or, several distributors, as we’ve seen with major TV and movie streamers. A handful of companies actually own the games, and your only option is to regularly pay for fractured libraries of games you may never play and will never truly own.

Achievement Locked

Since digital games are easy to copy, distributors and publishers argue that they are in an arms race against piracy. The irony is that law-abiding customers consistently suffer collateral damage. 

Most digital distributors lock down the content they offer with restrictive user agreements and digital rights management (DRM) software. DRM software, in particular, imposes onerous controls on the game — like forcing internet connection for single player games or modifications that harm performance — and can even introduce serious privacy and security concerns. Any gamer or researcher in the US who wants to reduce this burden by removing or modifying that DRM risks a lawsuit, thanks to Section 1201 of the Digital Millennium Copyright Act (DMCA). This federal law makes it illegal to alter DRM software, and is a beloved tool for companies trying to restrict how we can lawfully use our purchases — whether it’s a copy of the newest tractor simulator or a literal tractor

And since much of this DRM is tied to user accounts, ownership of a game is also revocable and modifiable for any number of reasons outside of your control. Error in your subscription payment? Your account got hacked? Licensing deal falls through with a major publisher? Developers want to kill the game in an update? All of this can limit or change your ability to access the game long after your so-called “purchase.”

Level-up Ownership

Policymakers can and should work to restore our ownership rights for the digital age. 

That starts with legal protections ensuring that the same rights that apply to physical media apply to digital media. Next up? Reform Section 1201 of the DMCA to clarify that it does not forbid fair uses.  

At the state level, we need meaningful consumer protections. Some promising models include California’s AB 1921, which would clarify what customers are actually paying for on digital storefronts and ensure some protections for maintaining discontinued games. The gaming industry has done its best to kill the bill, including claiming that private community servers are illegal

If you bought it, you should own it, and EFF will continue working to mitigate some of the worst harms of the DMCA 1201, defending modders, and fighting deceptive licensing that makes culture less free.

Rory Mir

【おすすめ本】村木厚子『おどろきの刑事司法 “犯罪者”の作り方』━冤罪事件を陰から下支え 警察・検察・裁判報道の責任=山田健太(専修大学教授)

1 day 5 hours ago
 この間、犯罪をでっち上げたり、自らの誤りを決して認めようとしなかったり、さらには自らの権威を守ることに汲々とする検察の実態が明らかになり、本書でいう「おど ろき」を感じる人は、少 なくなってはいないか。 だが著者が、繰り返し訴えていることは<検察は平気で噓をつく>ということにつきる。だからこそ嘘をつきづらくするための様々な制度上の歯止めが必要で、その具体策が提示されている。 その旧態依然とした悪弊を警察、裁判所、研究 者、司法官僚がこぞって守ろうとする日本社会の「闇」の深さ..
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