The Entertainment Software Association (ESA) welcomes the opportunity to provide comments in response to the request for industry input by the Office of the U.S. Trade Representative (USTR) on U.S. government’s negotiating objectives in the proposed free trade negotiation between the United States and the United Kingdom (UK).
This 2018 submission outlines notorious marketplaces existing outside the United States. Notorious online markets include linking websites, hosting websites (“cyberlockers”), torrent indexing websites, and unauthorized private servers.
As a supporter of the decade-old consensus open Internet principles and policies that advance broadband deployment, ESA believes the Commission can, and should, maintain enforceable open Internet protections, consistent with the Commission’s authority, in a form that does not “deter the investment and innovation that has allowed the Internet to flourish.”
Petitioners, including ESA, seek review of an Order of the Federal Communications Commission (FCC) that eliminates judicially-approved rules the FCC adopted in 2015 to protect and promote net neutrality and an open internet.
ESA and its member companies are committed to, and actively support, serious professional efforts to preserve video games and recognize the industry’s creative contributions under circumstances that do not jeopardize game companies’ rights under copyright law.
Specifically, ESA seeks to provide information to the Court regarding the expressive nature of video games and to explain to the Court that it should interpret “advertising” and “trade” under Section 51 so as not to cover video games and other expressive works.
The conclusion requested by the plaintiffs—that a party need not prove any actual damage for alleged minor procedural violations of the Biometric Information Privacy Act (“BIPA”)—would impose severe penalties for insignificant defects in notice and consent that would substantially chill innovation with respect to certain personalization features preferred and enjoyed by a vast number of users.
This 2017 submission covers the state of the video game industry in the US, the state of the video game industry in key foreign markets, and the challenges to full and true market access for video game companies.