Entertainment Software Association Following RIAA? 204
cavis writes "My organization just received an e-mail from the Intellectual Property enforcement division of the Entertainment Software Association. It accuses one particular IP address with 'infringing the copyright rights of one or more ESA members by copying and distributing unauthorized copies of game products (through peer-to-peer or similar software/services).' It goes on to name the filename and the application: Limewire. Has anyone had any contact with this group? Are they following the RIAA's lead and pursuing litigation for peer-to-peer piracy? I'm just trying to evaluate what I am in for as I try to battle P2P within my network."
Read on for more details.
The letter reads in part (with my redactions):
The Entertainment Software Association ("ESA") is a US trade association that represents the intellectual property interests of numerous companies that publish interactive games for video game consoles, personal computers, handheld devices and the Internet(hereinafter collectively referred to as "ESA members"). ESA is authorized to act on behalf of ESA members whose copyright and other intellectual property rights it believes to be infringed as described herein.
Based on the information at its disposal on 24 Nov 2008 01:09:08 GMT, ESA has a good faith belief that the subscriber using the IP address [IP address] infringing the copyright rights of one or more ESA members by copying and distributing unauthorized copies of game products (through peer-to-peer or similar software/services), in violation of applicable copyright laws, through internet access that [agency name] provides directly to the [IP address] or through a downstream provider that purchases this access for [IP address].
Take it to the press (Score:4, Interesting)
Make sure this gets mainstream press coverage. Be sure to sensationalize it and compare it to the RIAA. Watch them back down quickly.
Re:great... (Score:2, Interesting)
Ridiculous isn't it. The RIAA or local variant (in the case of Australia this would be the government) are one of the most despised groups in the world now, and it's like the software industry looked and thought "WOW! We MUST get a slice of that juicy animosity pie!"
Idiocy.
There you go, that should cover it.
Re:Inherently bad? (Score:4, Interesting)
I think that if you can sanely, rationaly, and beyond a reasonable doubt prove that someone has violated the copyright, you have the right to make them stop and seek some amount of damages.
(emphasis mine)
Damages for what? A lost sale? Hardly.
Seriously, thousands of people make their living producing the games that I love to play.
And through all the time they have been doing this, piracy has been rampant in the computer game industry. Funny how they keep whining, they should all be dead and gone by now, since there's obviously no money to be made when everyone are copying their valuable intellectual property.
hmmm....let me google that for you (Score:2, Interesting)
Re:Legal advice. (Score:5, Interesting)
Downloading software is no longer a valid business use? Why, because P2P is only used for illegal purposes? You must be in management if that's your line of thinking.
Re:Legal advice. (Score:3, Interesting)
I've yet to work in an IT department that doesn't have at least half the techs using some sort of P2P app, whether it's Limewire/Shareaza garbage or BitTorrent.
And no, I'm not in the 3rd world. These are mostly legit offices, but like any industry, 75% of all techs are shifty imbeciles with worthless credentials.
Re:Legal advice. (Score:5, Interesting)
Exactly, management that has little to no technical education or knowledge.
I deployed a great bittorrent setup within Comcast 3 years ago to spread the load for software patches and upgrades. It worked like a charm in the 12 offices I tested it in.. Until the Management idiots at the NOC in Philly threw a fit. They approved the test but a complete knob that had a title but no brain heard the acronym P2P and freaked like a frightened school girl. We had to kill the project because of a single uneducated wussie in upper management. (He was recently let go with the current downsizing that is running wild in the company.. I cry for him.. Really... :-P)
Anyone that says there is no legitimate use for P2p in business is simply very very uneducated.