DarksydePhil

Back on topic (since the trolls are just going to keep trolling if I address things further), this bill changes three major things:
 
-It now covers STREAMING media (streaming coverage of video games in general, which by definition would include any video you stream on YouTube, or a live stream of tournament gameplay, etc.)
-It changes the penalties of existing law to include up to 5 years in jail and a felony on your record, which is a CRIMINAL offense
 
So what's the real impact of the bill?
1. Up to now, streaming wasn't officially called out in law, which would have made it a gray area if it ever went to trial. Now, you can't make the defense of "well I knew it was illegal to download/upload movies, but I had no idea I couldn't stream them!"
2. The bill changes the penalties from civil to criminal. Meaning, REGARDLESS if a copyright holder comes after you for making videos of their game (which no companies besides Rockstar Games have done so far), the government can still seek to imprison you up to 5 years if you've made more than 10 videos, regardless of if you are making money on them or not.
3. The bill sets the estimated value of copyrights violated at $2500; so if the copyright holder feels the copyright to inFAMOUS 2 is worth $2500 or more, they can come after you for BOTH civil and criminal damages. 
 
Again, I've done extensive research on this story, spoke to UltraDavid directly about it, and other lawyers as well. And yes, I did break the story to the YouTube community; its why my video has over 500k total views and is dated June 30th, while most other videos were just responses to the public outrage that ensued after the issue passed by word of mouth. The bottom line is that the bill is far too broadly worded and as StarvingGamer has said, it will only take 1 crusading idiot in the Senate or Congress to misconstrue what the bill is intended for, and totally go to war against YouTube. In addition, Google may totally flip out and end all video game footage on YouTube in reaction to a criminal threat, whether or not the government ever pursues it or not. 
 
One common misconception: there is nothing whatsoever in US law OR in US case history stating that Let's Plays are covered under US fair use law. It is a commonly accepted belief by companies such as Machinima, TheGameStation, blip.tv, YouTube, etc., but that doesn't mean it's a correct belief. The reason that there is a major risk with this bill passing is that until now, no major copyright holders have ever complained about Let's Plays besides Rockstar Games. After the bill is passed, that won't matter anymore - you WILL be considered a criminal by the US Federal Government if you post more than 10 videos. Are you willing to play Russian Roulette in order to get your playthrough of Ocarina of Time on the internet?

Someone obviously told him about the thread, so he came to the site, made an account and the first thing he says in his reply is "LOL at all the moronic DSP haters who come out of the woodwork because my video has gotten linked to all over the internet." Do you see how he might rub people the wrong way ?

@DarksydePhil said:

@Ratinho said:

@Raineko said:

@DSP I watched your video and think it was actually really informative. At least you actually care about things like this and don't say "It's all not that bad!".

Maybe the ones saying 'it's all not that bad' also care, but have looked into it further and realise there is the absolute tiniest chance of this actually affecting people with free to air streams?

Because It's your kind of mentality that would allow this bill to pass. You don't know what you're talking about. Who cares if people are doing free-to-air streams or streams with ads on them? This isn't the major result that the bill will have. Youtube is a for-profit US-based company. If this bill passes, they could be considered to have MILLIONS of videos that violate the law, and because this bill makes it a felony which can be pursued by criminal law (i.e., the government can put you in jail instead of just the copyright holder seeking damages), YouTube WILL be forced to take down all video-game related footage. They would be seen as the largest offender in the world. In one fell swoop, half of YouTube would vanish and NOBODY would be able to continue uploading video game related videos to that site. Sure, Joe Nobody who streams a local Street Fighter tournament more than likely won't be affected. But imagine not being able to go to YouTube and look up ANY kind of videos related to gaming? No reviews, no let's plays, no online multiplayer matches, NOTHING. That is what this bill WILL do if it passes in it's current form. Are you OKAY with that?

There is very little evidence that would happen. This "the sky is falling" attitude raises awareness but numbs people to paying attention the next time. The bill's intended to target illegal streaming websites--people already doing something illegal. Not to say the bill can't be abused, but you're extrapolating a conclusion that isn't available with the evidence at hand.

@Raineko said:

@DSP I watched your video and think it was actually really informative. At least you actually care about things like this and don't say "It's all not that bad!".

Maybe the ones saying 'it's all not that bad' also care, but have looked into it further and realise there is the absolute tiniest chance of this actually affecting people with free to air streams?

LOL at all the moronic DSP haters who come out of the woodwork because my video has gotten linked to all over the internet. This article refers to my video because after I read UltraDavid's article, I "broke" the story to the YouTube community and directly referenced the Shoryuken.com article, which is why I've gotten over 500k views and everyone else followed suit with making a video after I spread the word.  I also read articles such as Nilay Patel's, who was completely incorrect in reasoning, and debunked rumors about this bill in a follow-up video.
 
YES, I actually am an intelligent human who understands the reprecussions this bill would have if passed in its current form. I've been following it closely and see it as the beginning of a very slippery slope when it comes to censorship and the internet. Overnight, you will see companies like Machinima, TheGameStation, etc. disappear since none of them have explicit permission from copyright holders to make and/or advertise on video game footage. And streams will no longer exist, at least in the short-term, until a method to contact large corporations and get explicit permission to stream video game footage is created (there is no process right now, so if the law goes into effect, expect months where a new sloppy process is hashed out).
 
And YES, you are all stupid for joining in the "let's bash DSP" bandwagon when zero people in the comments have had a legitimate reason why you seem to hate me.