Copyright Office Examines the Cable and Satellite Statutory Licenses in the Copyright Act

After more than a year of intensive study, the U.S. Copyright Office issued its report on whether to maintain, modify or eliminate Sections 111, 119 and 122 of the Copyright Act. It will serve as the basis for discussion for possible changes to the statutory licenses.

Section 109 of the Satellite Home Viewer Extension and Reauthorization Act (SHVERA) of 2004 requires the Copyright Office to examine and compare the statutory licensing systems for the cable and satellite television industries under Sections 111, 119 and 122 of the Copyright Act and recommend any necessary legislative changes no later than June 30, 2008.

The Section 111 license, first enacted in 1976, permits a cable operator to retransmit both local and distant television and radio signals to its subscribers, provided that the cable operators pay royalties according to the formula set forth in the law. The other two licenses govern the retransmission of broadcast signals by satellite carriers. The Section 119 license, first enacted in 1988, permits a satellite carrier to retransmit distant superstation and network television station signals (but not radio signals) to its subscribers for private home viewing and to commercial establishments on a flat fee basis. The Section 122 statutory license, on the other hand, was first enacted in 1999 and permits satellite carriers to retransmit local television station signals into the stations’ local market on a royalty-free basis. These statutory licenses are linked, in many respects, to the broadcast signal carriage rules administered by the Federal Communications Commission.

In preparing its report, the Copyright Office sought comment from the affected industries, copyright owners and other interested parties and held three days of hearings in July 2007 to further supplement the record. The report was delivered to Congress on June 30 by the Copyright Office.

The principal recommendation in the report is that Congress move toward abolishing Section 111 and Section 119 of the Act. According to the Copyright Office, the cable and satellite industries are no longer nascent entities in need of a statutory licensing system. They have substantial market power and are able to negotiate private agreements with copyright owners for programming carried on distant broadcast signals. Moreover, the Copyright Office finds that the Internet video marketplace is robust and is functioning well without a statutory license. The Copyright Office also concludes that the distant-signal programming marketplace is less important in an age when consumers have many more choices for programming from a variety of distribution outlets. The office nevertheless recommends the retention of a royalty-free local-into-local license, because such a license is still necessary and it promotes the general welfare of users, broadcasters and the public.

Despite the Copyright Office’s determination that the ultimate solution should be the elimination of the existing distant signal licenses, it recognizes that the digital television transition in 2009 is likely to generate unanticipated signal reception problems for millions of American households. The office also finds that it is important for Congress to provide a lifeline distant signal service for subscribers during the post-transition period. The Copyright Office therefore recommends the establishment of a new statutory licensing system that would cover the retransmission of distant broadcast signals beginning on Jan. 1, 2010, and ending on Dec. 31, 2014. This will permit users of the license to serve the needs of their subscribers who may experience viewing disruptions. According to the Copyright Office, an equally important rationale for a transitional license is that it will take time for voluntary licensing arrangements to take shape and become widely available. The marketplace will work but it needs to be given time to adapt to changes in the regulatory regime.

Congress may decide that there should still be separate statutory licenses for cable operators and satellite carriers. The Copyright Office, then, makes several recommendations for adjusting Sections 111, 119 and 122. The recommendations in this regard are intended to further parity between cable operators and satellite carriers.

An electronic version of the report will be available under the “Hot Topics” section on the Copyright Office Web site at www.copyright.gov.

BioWare interested in the iPhone

BioWare on the iPhone!

Now there’s something you don’t hear everyday. Veteran RPG developer BioWare mentioned in an interview by MTV that they are interested in the cultural phenomenon that is the Apple iPhone. Of course, there’s no hard words here and it’s all just speculation for now, but BioWare definitely have their eyes on the Jesus phone.

BioWare is currently working on Sonic Chronicles: The Dark Brotherhood for the DS, which surprised fans since BioWare isn’t exactly known for developing much outside the PC frame. Of course, they did make the Xbox 360 hit Mass Effect, but it was ported over to the PC anyways, so BioWare wasn’t completely out of their element. When asked on the handheld experience, Greg Zeschuk says:

“It’s actually been great fun. That was almost one of the sort of hidden reasons to do a handheld game. One thing was to try something different and explore a different platform, and as you know, kind of sort of work in a lighter flavor of environment in terms of the game we’re working on. We’re nearing the end and it’s turning out really great.

In terms of handhelds, it’s been great because it’s also so fast. The cycle to make changes and improvements is very short compared to the hundreds of thousands of text in a full next-gen console or PC product. The iteration cycle is really short, and that makes it ideal for a short-attention span where you want to do something different every day. [laughs] It’s pretty exciting, actually. It’s been a really unique experience and one we’re definitely interested in pursuing.”

And when asked on whether they are interested in the iPhone,

“We look at every platform that comes along. Obviously, something that’s as big a cultural and technical success as the iPhone is something you really got to take a close look at. Certainly, there’s nothing written in stone yet but we’ve got a lot of folks looking at it. It’s intriguing. I think one of the things that we’ll have to see how it shakes out is what type of consumer buys games on it and what type of experience they’re looking for. You want to always mash the consumer experience with what you’re building. We want to understand what people are going to do with it. Who knows. We’re definitely looking at every platform.”

Still, BioWare is committed to the PC, for which they will be releasing their original IP, Dragon Age, a fantasy RPG that doesn’t really rock our socks yet. They are, of course, working on Mass Effect 2 and some more mysterious products.

Variety offended by Sid Meier’s Civilization IV: Colonization

Screenshot of Civilization IV: Colonization

You’d think the mainstream media might one day appreciate video games, but that is seemingly never the case. Over at Variety’s blog, we read hate all over their post, whose author has been offended by a game as meek as Sid Meier’s Civilization IV: Colonization.

The Sid Meier game merges the Civilization IV franchise with the relic Colonization, a Sid Meier classic that we all knew he would remake some day. As you can guess, the game is about leading one of four European powers into the New World and starting a colony, eventually working your way to declaring Independence and all.

The author of the post, Ben Fritz goes on about how offensive colonization is, and how it has always been about racism. He disagrees with Colonization‘s viewpoint of being a European who goes on to colonize, as it has usually brought about disastrous consequences upon the natives. He finds it apalling that you get to play as this oppressive power. I wonder if the fun-loving crowd at Firaxis ever thought of something like this.

I disagree with Ben completely. To start with, I am a Civilization IV addict, and I wonder if Ben has even played the original game. That being said, it should be noted that Civilization IV is a world-building strategy game first, where you take control of a civilization and lead it through the millennia of human history into glory.

Colonization is a stand-alone expansion to Civilization IV, that appears to focus on the Colonization aspect of the game. In the game, players get to trade, fight, negotiate, explore and do pretty much all that. Ben appears to be concerned by the “fight with natives” part. Now I’m not a member of the dev team, but if I know anything about Civilization IV, I know that fighting is almost always optional. I say ‘almost’ because there is always the possibility that these natives end up attacking you first and you have no choice in the matter.

Regardless, the game also does not seem to imply that it has a penchant for showing native tribes and peoples being exploited, nor do I see any themes of racism (although according to Ben’s equations, Colonization=Racism). Examine:

And “conquer[ing] and rul[ing] the New World” is inherently about engaging in the racist practice of exploiting and abusing native people.

That is strange. What form of “conquering and ruling” does not involve expoiting and abusing native people, racist or not? It pretty much happens all around the world, regardless of what race you or your conquerors are. Using a more poetical meaning of the word “conquering”, the game might also be implying that you “conquer” the world by diplomacy and economy rather than racially exploiting and abusing native people.

A game about colonization that’s entirely about controlling the settlers can either force the player to do horrific things or let him avoid doing it and whitewash some of the worst events of human history.

Come to think of it, wouldn’t that be the case with all historically set games? Are we trying to whitewash human history when you build the Eiffel Tower in Beijing after a war with the Malinese Empire in Civilization IV? Are you in the mindframe of a tyrannical feudal lord when you command unfailingly obedient villagers in Age of Empires?

(And I’m not even getting into the offensiveness of using uncritically using the phrase “New World” in the marketing material.)

And say what? America? That’s what America was called before it was named, The New World. Wouldn’t changing that make the game both historically inaccurate and whitewashed to remove offensiveness?

I hardly think that a game about colonization, especially one as darned gamey as Sid Meier’s Civilization IV: Colonization is worth getting worked up about. Fritz says “If there was a major movie coming out that uncritically told the story of Europeans colonizing America, there would be a major furor, and rightfully so.” I don’t think so. Neither would a movie with sex, violence, prostitution et al: because movies have the “art” and “conceptual approach” defences.

When will the world learn?

Mobi Music

The mobile music market will be experiencing another tipping point thanks to The Grid Records, a Phoenix-Ariz.-based music production, artist development and record distribution company, with the launch of their ‘Mobi Music’ (www.mobimusicco.com/download) program. The innovative ‘Mobi Music’ service will spark a triple-threat revolution in the billion dollar mobile music industry—synonymously benefiting the three driving forces behind the mushrooming trend: the perspective consumer, the recording artist and the wireless carriers.

‘Mobi Music’, the brainchild of The Grid Records founder and serial entrepreneur, Mark Schmitz, was conceptualized to give a universal audience a simple access point to purchase full-length music tracks and complete albums instantaneously via wireless phone then have the purchase immediately available to save in the user’s desired computer music program—all without the hassle of integrating, downloading and upgrading software, monthly subscription fees or unsecure virtual payment worries.

The effortless, yet resourceful model of ‘Mobi Music’ came to life with the integration of evolving mobile application technologies. This first generation of the ‘Mobi Music’ program allows the purchase of digital music to be made using the consumer’s mobile phone bill; no registration or credit cards are required—all rules, regulations, components and certifications with respective parties, including the Mobile Marketing Association have been approved and ready for use.

“Finding the appropriate technological component that fit the ‘Mobi Music’ vision presented unexpected challenges and unwanted obstacles in our initial stages,” explains Schmitz. “Although the mobile music industry, as a whole, is saturated, we found the capabilities and functionality of existing programs were very limited. The evident need in the marketplace for a program that incorporated the same ideals as the ‘Mobi Music’ concept, stimulated us to produce a high-performing product to give to the marketplace.”

The opportunities within ‘Mobi Music’ put the consumer back in control of their purchases and proficiently integrate the need for instant gratification on a specific music selection with a painless text-to-buy process. A single track or a full album can be purchased, accessed online and saved in a desired music program in less than a minute. ‘Mobi Music’ users will have their favorite artists tracks or record – literally at their fingertips – and will have the ability to make their purchase at a live concert, watching the music video, listening to the song on the radio or a multitude of other media channels.

In addition to the benefits ‘Mobi Music’ gives to the consumer, the concept creates a direct revenue stream for record sales, as well as the participating wireless carriers. ‘Mobi Music’ presents an ideal value-added distribution model for record labels and album sales executives with the built-in opportunities to transform marketing and advertising efforts into direct distribution access points.

“The disruptive technology presents an evergreen enhancement to all promotional materials for artist album sales,” says Dave Franke, Managing Partner of The Grid Records. “Instead of communicating the date when the album will be in stores, the message becomes ‘text the code word to the assigned number to purchase full-length single, multiple tracks or the entire album’. The return on your investment increases tenfold—the possibilities are endless.”

David Jaffe: Marvel games need story; I agree

Spider-man!

David Jaffe may not be a household name, but just so you know, he’s the genius designer behind the Twisted Metal series for the Playstation and is also known for God of War. On his blog over here, he was seen criticising the guys who make games for Marvel’s movies and their comics, too maybe. Now that he mentions it, who makes those games anyways?

Man speaks the truth as he opens his blog post with the following lines:

Please stop putting Spiderman games in big open sandbox environments where you swing around and do oh so slight variations on 4 pretty dull mission types (chase/race/collect/etc) and then once in a while toss in a boss fight and/or a somewhat unique mission.

I mean seriously, we get the point: we get to swing around and stuff, but please; more emphasis on the stuff and less on the goddamn swinging.

Jaffe demands that Marvel’s comics are ace, but the games are terrible and the biggest problem here is that they are “POWER-BASED” and not “STORY-BASED”. Marvel’s comics are known for their great stories and scripts, as he mentions the big man Stan himself. You’d wish the games would follow suit, but they have to be ridiculous affairs that throw you into this huge story with repititive missions and lack of any sort of direction whatsoever.

Check out the post!