PLAYING WITH A NEW PROBLEM: COPYRIGHT AND VIDEO GAMES IN EDUCATION AND SCHOLARSHIP KEVIN SCHUT,...
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PLAYING WITH A NEW PROBLEM: COPYRIGHT AND VIDEO GAMES IN EDUCATION AND SCHOLARSHIP KEVIN SCHUT, ASSOCIATE PROFESSOR, TRINITY WESTERN UNIVERSITY, LANGLEY, BC DEPARTMENT OF MEDIA + COMMUNICATION, SCHOOL OF THE ARTS, MEDIA + CULTURE
PLAYING WITH A NEW PROBLEM: COPYRIGHT AND VIDEO GAMES IN EDUCATION AND SCHOLARSHIP KEVIN SCHUT, ASSOCIATE PROFESSOR, TRINITY WESTERN UNIVERSITY, LANGLEY,
PLAYING WITH A NEW PROBLEM: COPYRIGHT AND VIDEO GAMES IN
EDUCATION AND SCHOLARSHIP KEVIN SCHUT, ASSOCIATE PROFESSOR, TRINITY
WESTERN UNIVERSITY, LANGLEY, BC DEPARTMENT OF MEDIA +
COMMUNICATION, SCHOOL OF THE ARTS, MEDIA + CULTURE
Slide 3
USING VIDEO GAMES IN ACADEMIA How we use video games Research
use playing them observe, record players publish images, dialogue,
host video or audio research presentations artistic installations
The Battle for Middle Earth (EA, 2004)
Slide 4
Slide 5
USING VIDEO GAMES IN ACADEMIA How we use video games teaching
use playing game in class hosting class in virtual worlds
presentations with game images, audio or video assign games modding
games Crayon Physics Deluxe (Kloonigames, 2009)
Slide 6
USING VIDEO GAMES IN ACADEMIA How we use video games
archival/library use sign out video games public museums or
collections research-only archive backing up media shifting games
from obsolete to new media using emulators to play obsolete games
Death Race (Exidy, 1976)
Slide 7
USING VIDEO GAMES IN ACADEMIA What we use from video games
actual video game still images game music or audio video of game
modding software Civilization V (Firaxis, 2010)
Slide 8
USING VIDEO GAMES IN ACADEMIA Where we get video game material
from purchased copies of games borrowed games free games available
on the internet subscription-based internet games free pirated
copies abandonware emulators official game sites & fan game
sites
Slide 9
COPYRIGHT & ACADEMIC USE OF VIDEO GAMES Do game makers even
care? No. Not right now, anyway.
Slide 10
COPYRIGHT & ACADEMIC USE OF VIDEO GAMES Video game
academics and fair dealing Video games = same as other media New
provision = classroom okay, general scholarly publishing Question:
are all legal sources of a game equally permissible? What about
borrowed copies? What about promo websites? What about unauthorized
fan sites? Question: can you make a fair dealing case for
abandonware?
Slide 11
COPYRIGHT & ACADEMIC USE OF VIDEO GAMES Other educational
provisions internet provision (30.04): Should allow browser-based
games Should allow web-based game media display provision (29.4):
Should cover any projection of games or game media in class (if no
public viewing license version) distance learning provision
(30.01): game media in recorded lessons (provided destroyed 30 days
after course?) back-up provision (29.24): question: does this allow
archives to make single backups for research purpose?
Slide 12
COPYRIGHT & ACADEMIC USE OF VIDEO GAMES Other educational
provisions media obsolescence provision (30.1(1)(c)): can transfer
old game system files into a form playable by emulators (if no TPM
circumvention) interoperability provision (30.06): question: does
this make emulation generally legal? (if persons own use is
interpreted liberally, and covers private research) sound
recordings (29.5(b)): question: are sound files in the directories
of installed games covered by this?
Slide 13
COPYRIGHT & ACADEMIC USE OF VIDEO GAMES Potential TPM
problems wont hurt regular play of purchased copies can kill the
copying normally covered by fair dealing can prevent backing up
copies can inhibit computer science analysis can inhibit the
capture of video game still images, audio or video can further
complicate abandonware
Slide 14
EULA AND COPYRIGHT RIGHTS Problematic EULA terms for video game
academics: no reverse engineering game-maker retains mod copyrights
prevention of criticism personal and/or private non- commercial use
only XKCD comic (http://xkcd.com/501/), used under CC
licensehttp://xkcd.com/501/
Slide 15
EULA AND COPYRIGHT RIGHTS Breach of contract and copyright
infringement are separate legal issues EULAs have generally been
upheld in court as valid, in spite of criticisms A EULA may be
found unconscionable
Slide 16
SUMMARY OF QUESTIONS 1. Are all legal sources of a game equally
permissible? Borrowed copies? Promo websites? Unauthorized fan
sites? 2. Can you make a fair dealing case for abandonware? 3. Does
the backup provision allow archives to make single backups for
research purpose? 4. Does the interoperability provision make
emulation generally legal? 5. Are sound files in the directories of
installed games covered by the sound recording provision? 6. Could
EULAs be judged unconscionable?
