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Advocacy

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    Gamers: Now is the time to stand up and be counted!




    For nearly two decades, elected officials have tried to regulate which video games you can buy, rent and play. Every single time they’ve passed a law, the federal courts have struck it down as unconstitutional. But this may change this fall.

    The Supreme Court of the United States has agreed to hear the State of California’s infamous ‘violent video game case,’ Schwarzenegger v. EMA. That means that this year, or early next, the Court is going to decide whether to agree with the lower federal courts or not. Agreeing would mean that they believe that video games are, and should continue to be, First Amendment protected speech; just like books, movies and music. The court disagreeing would mean that they think video games should be treated differently. This could lead to new bills and laws curtailing video game access in states across the country.

    It is no exaggeration to state that their hearing represents the single most important moment for gamers, and the pivotal issue for gaming, in the sector’s history.

    Over this summer, we’ll be drafting and formally submitting our amicus brief, which will be included with the other official court documents related to the case. Separately, we will also attach a petition signed by you, the American public, which –by its very existence – will publicly define who the consumers of interactive entertainment are and why we care enough about the issue to take the time to make the effort to speak up and make our voices heard. The petition establishes an authoritative collective position which cannot be redefined by detractors nor co-opted by others. And it enshrines each and every signatory’s participation in the court documents and in the U.S. National Archives’ official records related to the case.

    If you’re an American gamer, and you care about gaming and your rights, stand up and be counted; sign the petition today!

    THE GAMER PETITION:

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    The New York (NY) legislature is presently contemplating a bill that would restrict the sale of video games people under the age of 18.  Parenting should be done by parents, not the government.  And as we know, restricting video games based on violent content violates the First Amendment.

    By raising our voices in opposition, gamers can stop this bill in committee.  Right now, the NY Consumer Affairs & Protection Committees are deciding whether or not to kill the bill in committee.  Our letters will help convince them to stop the NY violent video game bill.

    We all need to act now!

    Simply read the letter below, fill in the form to the right, then click the Send This Message button and your letter will be emailed to the NY Consumer Affairs & Protection Committee members.
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    Tell the Rhode Island Senate to stand up for free speech!

    Rhode Island gamers, it’s time to let your voices be heard. Tell your State Senator to oppose S.B. 2156. This bill attempts to criminalize video game sales and will result in chilling speech in video games. Nine similar bills have already been defeated and have cost those states over $2 million dollars to defend. Let your State Senator know that Rhode Island has more pressing matters than criminalizing our hobby! Please read the letter below, plug in your conact information to the right, and feel free to add you own thoughts to show your opposition to S.B. 2156.

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    Tell the Colorado House to not tax our hobby!

    Colorado gamers, take a moment to tell your representative not to tax our hobby! H.B. 1192 would implement a tax on digital downloads and would make it more expensive to enjoy video games. Let the Colorado legislature know that this is not the right way to aid an economic recovery, and not the way to represent their constituents. Please read the letter below, plug in your contact information to the right, and feel free to add you own thoughts to show your opposition to H.B. 1192

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    Obama's IP Czar Wants to Hear From You!

    Victoria Espinel, the newly appointed Intellectual Property Enforcement Coordinator (otherwise known as the U.S. “IP Czar”) under the Obama Administration, recently addressed the American public, encouraging people to speak out on the state of U.S. copyright and trademark enforcement laws and how best to go about protecting intellectual property and content abroad.

    Historically, the Office of the U.S. Trade Representative (USTR) has welcomed commentary like this only from industry insiders through annual Special 301 reports that are filed by industries and their representative trade groups.  Various companies and their representatives, including the entertainment industries, have long used the Special 301 reports to comment on their particular grievances regarding inadequate copyright enforcement laws in countries such as Canada, Mexico, China, Russia, Brazil, Israel, and other nations around the world.  These trade groups hope that their complaints will be followed up by sanctions by the U.S. government against the other countries until remedies are in place in those “watch list” nations that meet U.S. legal and private sector standards.

    In reality, it is widely known that the USTR receives these Special 301 reports from industry representatives with some doubt and reservation, as the data supporting the allegations of lax copyright enforcement measures is believed to be exaggerated, crafted to support the agendas of the rights holders to secure more profits from nations where piracy and counterfeiting is pervasive.  For example, Ars Technica produced a report in 2008 on the inaccurate - or even fabricated - statistics that content industries filed in their Special 301 reports to the USTR.

    This year, to the credit of the new IP Czar, the USTR is now asking for legitimate input from rights holders, industry representatives, and the public.  This time they’re also demanding supporting documentation for each of the grievances that rights holders may claim.  One might argue that this is an acknowledgement by the USTR of the biased information that they’ve been receiving in years past, and aim to change their procedures.

    What does this mean for consumers?  In short, this is good news.  Why?  Because now when governments sit down to discuss counterfeiting, piracy and potential solutions, they’ll be using accurate data, which will potentially limit the grounds that they will cover to amend their legislation, thereby continuing to potentially maximize the freedoms that consumers have had in their respective jurisdictions.

    As the Entertainment Consumers Association continues to make gamers and consumers aware of developing and changing legislation, we also aim to empower you to make your voice heard.  We invite you to make your thoughts known, by sending the letter below!

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    Support HB 1973 in North Carolina




    North Carolina gamers, it is time to tell your state representatives to support the economic turn-around in your state by supporting tax credits for interactive digital businesses. Tell them to support HB 1973 which will help attract new business to the state, just as it did when Insomniac Studios decided to move to the state with a secondary studio! This bill will mean new jobs and opportunities to the people of North Carolina, so let your voice be heard!

    Please read the letter below, fill in the form to the right, then click the Send This Message button and your letter will be emailed to your elected representative.

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    Support Net Neutrality




    The FCC is looking for input as to how they should proceed when it comes to implementing Net Neutrality and in their National Broadband Plan.  They have proposed their “Third Way.”  Recently, they have taken closed door meetings with telecommunication lobbyists and rumors of a compromise persist.  We need to speak up and make sure the FCC stands with consumers.  The Entertainment Consumers Association (ECA) advocates for network neutrality, which would ensure that gamers are free to go where they want, do what they like, and connect with whom they choose online.

    This is your opportunity to tell your FCC that you support network neutrality.  With issues like bandwidth caps and tiered pricing on the table, the ECA urges you to make your voice heard.

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    Support Net Neutrality




    Recently, Google and Verizon announced their joint principles when it comes to network neutrality. It’s clear that their seven principles would in fact create a tiered internet, further dividing the haves and the have-nots, and seriously hurting American consumers’ rights. While their two main goals are admirable, their customers should choose what content, applications, and devices they use.

    Their fifth principle would create an a-la-cart internet, akin to cable television, which would “allow broadband providers to offer additional, differentiated online services, in addition to the Internet access and video services (such as Verizon's FIOS TV) offered today.” While they claim they don’t want this to be an “out” and to circumvent other rules, this would be allowing the foxes to guard the chicken coop. Unfortunately, we would quickly see premium game services that you’d have to pay extra for, and would create walled gardens of services.

    Their sixth principle also differentiates between wired and wireless services. As you probably know, wireless broadband is the future of internet services. In fact this principle says that they encourage the FCC to “not now apply most of the wireline principles to wireless” services. Unfortunately, this is backwards in that the lack of interference from ISP providers has allowed innovation online and should continue in the wireless market. They want free rein to accelerate pricing in the entire internet market as ISPs move more into wifi technologies.

    In the end, their seven principles, along with recent closed door meetings between telecommunication lobbyists and the FCC, are disturbing and could easily result in our consumer rights being diminished.

    Net Neutrality affects your online gaming experience. Speak out today and tell the FCC to take a stand and enshrine it to protect all consumers.