The Performing Right Society (PRS) has "commenced legal proceedings" against Steam owner Valve over the use of its members' works on Steam "without permission."

The organization claims that while games right across the spectrum use music to "transform play into emotional, immersive experiences," Valve has "never obtained a licence for its use of the rights managed by PRS on behalf of its members, comprising songwriters, composers, and music publishers."

PRS claims "many game titles which incorporate PRS members' musical works are made available on Steam," including "high profile series" such as Forza Horizon, FIFA/EA FC, and GTA.

PRS said that as it had sought to work with Valve about the licensing issues "for many years without appropriate engagement from Valve," it has now issued legal proceedings under the UK's s20 Copyright, Designs, and Patents Act 1988 and requires any game that uses PRS' works to obtain a licence.

"The litigation will progress unless Valve Corporation engages positively with discussions and takes the necessary license to cover the use of PRS repertoire, both retrospectively and moving forwards," the organization said in a press statement.

Dan Gopal, chief commercial officer, PRS for Music said: "Our members create music that enhances experiences and PRS exists to protect the value of their work with integrity, transparency, and fairness. Legal proceedings are not a step we take lightly, but when a business’s actions undermine those principles, we have a duty to act.

"Great video games rely on great soundtracks, and the songwriters and creators behind them deserve to have their contribution recognised and fairly valued."

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[–] 386 points 8 months ago (25 children)

PRS claims "many game titles which incorporate PRS members' musical works are made available on Steam," including "high profile series" such as Forza Horizon, FIFA/EA FC, and GTA.

Insanity. It's like suing a grocery shop for selling the xyz branded milk for using their copyrighted font.

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  • [–] 165 points 8 months ago (15 children)

    It’s like suing a grocery shop for selling the xyz branded milk for using their copyrighted font.

    I came here to make this exact point.
    The real reason they do it of course, is that Steam is big, and they can get more money from Steam if they win.
    Juries are very unpredictable in such cases. And that's what they are playing on.

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  • [–] 96 points 8 months ago (11 children)

    Juries are very unpredictable in such cases. And that’s what they are playing on.

    This is in the UK, except in very rare exceptions, we don't have juries for civil matters.

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  • [–] 56 points 8 months ago* (10 children)

    Ok thanks, I assumed it was in USA, since Valve is American.
    Also frivolous suits tend to happen most in USA.

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  • [–] 33 points 8 months ago* (last edited 8 months ago) (9 children)

    That perception was largely created by McDonald's after they were sued for giving a lady third degree vagina burns and a fused labia. "Haha, Americans are so frivolous with lawsuits, they'd sue a company for serving coffee hot enough to make you need skin grafts".

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  • [–] 25 points 8 months ago (1 child)
    • making a business decision that selling skin graft hot coffee will save more money than you will have to pay in damages to anyone injured. A decision that ultimately proved correct.
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  • [–] 8 points 8 months ago* (last edited 8 months ago)

    They actually changed their policy on the heat of the coffee in the wake of the lawsuit. Also the lady only sued to have her medical bills covered but the judge awarded her a bunch of punitive damages.

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  • [–] 32 points 8 months ago (4 children)

    Complete and utterly false, USA has that reputation because it's true.

    USA has that reputation because it happens all the time, because it's easy to make a lawsuit, even often finding a lawyer that will take the case it without payment, but take the fee as a percentage of the potential winnings. And because USA has insane rules of extremely high compensations.

    USA is not known for this because of a single anecdote, but because it's very common, and because of the insane compensations, which is part of why it is so common to also try with what would be a frivolous suit in any other country.

    Point in case would also be the Apple lawsuit against Samsung, where part of the case was as simple as a tablet being a fucking tablet! When even Star Trek of the 60's realized that it was a convenient form factor.
    Apple won on just about all points of the case, but in following years they were completely dismantled, with decisions that the case didn't have a basis, and the patents were interpreted way to widely.
    This was a HUGE case that cost enormous amounts of money for both sides, and the only true winners are the lawyers. The US judicial system in this regard is completely rotten and that is being abused for frivolous cases that would be thrown out in other countries.

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  • [–] 2 points 8 months ago (2 children)

    The reply that you are replying to is so off base I wonder if it's Google Gemini trying to pretend to be a real user. So confident, so wrong, includes some real facts, but completely misapplies them.

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  • [–] 2 points 8 months ago

    I edited the word "myth" to "perception" because the well informed reply to My comment changed My mind about the truth of the facts, but I still think the fact's prominence in culture is because of McDonald's. Though, come to think of it, we were talking about frivolous lawsuits, not total lawsuits, so I'm not entirely convinced. It could be that the USA has a completely appropriate number of lawsuits and other countries have too few. After all, the judge in the McDonald's case awarded the lady an entire day's worth of profits, which is an absurdly high amount of money, but absurdity was in fact an appropriate response to an ongoing problem of absurd magnitude.

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  • [–] 6 points 8 months ago (1 child)

    Omg there is always someone bringing up this McDonald's case every time like they're slam dunking some new information and not just repeating comments over and over that they read in the last thread.

    McDonald's McDonalds McDonald's McDonalds McDonald's McDonalds.

    There are hundreds of examples of real frivolous lawsuits being filed in the US. This case did not create a myth about frivolous lawsuits. This was at one time an example of a lawsuit that seemed like it could be frivolous, but later there was media coverage that told the real story. There do exist many examples of real frivolous lawsuits.

    McDonald's McDonalds McDonald's McDonalds McDonald's McDonalds.

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  • [–] 3 points 8 months ago

    Of course there are examples, but the point is it's not unique to the United States. You're literally in a thread about it for those lawsuit in a different country. They aren't unique to anywhere.

    On the other hand there is a very real trend of American media manipulation existing to frame anti-corporate lawsuits as frivolous. Also extensive lobbying of elected officials to stop "frivolous lawsuits". I'll let you guess as to why.

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  • [–] 11 points 8 months ago (2 children)

    Theres also the factor of suing steam is like getting to sue all the ofenders at once without actually putting in the work to sue each individual studio that used the music.

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  • [–] 10 points 8 months ago

    The point is the studios WEREN'T offending. The music was licenced for the games. PRS wants to double dip by forcing Valve to also pay because they are distributing it.

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  • [–] 26 points 8 months ago (2 children)

    What are the odds that PRS doesn't represent the rights on the music they claim to?

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  • [–] 16 points 8 months ago

    I'd like to say highly likely but upon reading a bit on what they are, it's highly unlikely. They're a union focusing on publishing right of music, so they definitely represent the owner of the music. But still insane.

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  • [–] 2 points 8 months ago (5 children)

    I think it would be reasonable if this was a problem of small indie titles that do not have a publisher and basically wouldn't exist without Steam. If Valve allows for content on their platform they have an obligation to ensure this content is legal. If a supermarket cooperates with a local farmer to sell their produce directly without middle men, it's partly their responsible if the produce is made using illegal pesticides.

    However, it seems unreasonable when it's about stuff like Forza and FIFA. Then sue Microsoft and EA, for fucks sake. These games have publishers.

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  • [–] 15 points 8 months ago (3 children)

    If a supermarket cooperates with a local farmer to sell their produce directly without middle men, it's partly their responsible if the produce is made using illegal pesticides.

    No that's of how it works...well, anywhere. In your analogy, the supermarket relies on the supplier being truthful with their documentation for their production. That's as far as their responsibility goes legally, they have no obligation to investigate the suppliers claims any further.

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  • [–] -3 points 8 months ago (2 children)

    relies on the supplier being truthful with their documentation for their production

    So the supermarket needs documentation and to take precautions, because they are to a certain extent responsible for the legality of the stuff they are selling.

    In the real world supermarkets don't just pick up carrots from some random guy showing up with a trailer full of them. In online markets, this is closer to how it works. Those running and profiting off online platforms should be accountable for what they sell. If Amazon lists electrical products that don't meet fire safety standards on their website they should be held accountable for selling these products, even if they only act as middle men.

    If companies can just take the money without any responsibility we're fucked.

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  • [–] 11 points 8 months ago (1 child)

    The seller is only responsible for checking that the product is legal, not whether or not the information and documentation provided by the manufacturer is falsified. In this case, if a game dev accepts that they of course have all the necessary licenseses for game assets (which valve definitely has a clause with), then valve has done their part. If it turns out the manufacturer mislead them, it's the manufacturer who's in trouble, not the seller.

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  • [–] 5 points 8 months ago

    That's the point though, the content IS legal. The game devs paid for the licence. PRS are trying to double dip saying you need a separate licence to distribute it too.

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  • [–] 160 points 8 months ago (7 children)

    Wait what? Why would valve need to license the music? They're not making the games...That should be the responsibility of the game studio or developer that makes the game that uses the music.

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  • [–] 54 points 8 months ago (3 children)

    You always sue starting from deepest to shallowest pockets.

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  • [–] 24 points 8 months ago* (2 children)

    ... but that only makes sense if you genuienly believe that Rockstar and/or EA have less cash than Valve, and/or Rockstar and EA never had their own relevant liscensing agreements.

    I may be wrong, but as best I can tell, there is no precedent in UK law for a platform/retailer being found liable under the cited Section 20, unless the content being distributed/retransmitted/sold itself did not have proper liscensing arrangements, and it can be proven that the platform/retailer/retransmitter knew that to be the case.

    I kind of find it unlikely that Rockstar and EA did/do not have liscensing agreements in place.

    My theory?

    The entire Publically Traded gaming world seems to be mobilizing and coordinating efforts to get every kind of secondary organization they are connected to, to sue Valve, right now.

    Because they are all financially imploding, and they're trying to do as much damage as possible to Valve, who isn't a part of their club, as a means of trying to level the playing field.

    All these people on the boards of top gaming companies... are also on the boards of other top gaming companies, they know each other, they have people and contacts who sit in all the gaming industry lobbying groups, and the astroturf fake 'gamer advocacy' groups, in the IP rights groups, etc etc.

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  • [–] 6 points 8 months ago* (last edited 8 months ago) (1 child)

    So what you're saying is, this lawsuit, and likely many others, is publishers-and-their-investors-who-want-to-not-have-to-go-through-steam-and-have-or-want-to-have-competing-but-monopolies-on-their-own-games-and-storefronts backed.

    Feels like petulant publishers. "If I have to get licenses, so should the storefront dis isn't fairrrrrrrr waahhhhhhhh"

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  • [–] 3 points 8 months ago

    That hurt my brain to read, but I think, basically yes.

    Its a cabal of mostly vertically integrated companies vs basically a horizontal monopoly that gatekeeps all of them, that'd they've all tried and failed or are currently failing to break through.

    And yeah, petulant publishers does sound like a match to me.

    Its basically mob tactics, just higher class.

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  • [–] 5 points 8 months ago (2 children)

    Yeah, this... doesn't really make sense, unless the goal is to get Steam to adopt a policy of delisting the specific offending games in the UK.

    I am not a lawyer, but... this seems spurrious?

    I don't know, I can't find a single example of a platform or 'retransmitter' being successfully ruled against, in cases where the content itself already had worked out a rights/royalties agreement with the rights holders... unless it can basically be proven that the platform operators / retailers knew that the content itself was not properly liscensed, and sold it anyway.

    So basically they would have to prove that Rockstar and EA never had the proper liscensing, and also that Valve knew that.

    I am going to go out on a limb and say that Rockstar and EA probably did/do have the proper liscensing.

    That being said, the UK leaving the EU... makes all of this exceptionally confusing to my layman self, as to the exact current standards and precedents that are currently in play and relevant.

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  • [+] 110 points 8 months ago (12 children)
  • [–] 8 points 8 months ago* (3 children)

    The only way I can see this being different is steam shows preview videos of the game which have music.

    Amazon often only shows the box it sells in and pictures.

    Its still stupid because the game developer has the rights and that page is their place.

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  • [–] 8 points 8 months ago* (4 children)

    As a general rule of thumb if something sounds stupid then it's probably been reported badly with some key information missing. I'm betting the music industry press reporting will be very different from that of a site called "gamesindustry.biz".

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  • [–] 20 points 8 months ago* (1 child)

    I've seen a lot of stupid patent and copyright trolling over the years.

    I bet 100€ that they're trying to double dip and get valve to also pay for licensing songs that the individual game publishers already licensed.

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  • [–] 16 points 8 months ago* (1 child)

    Here's a music news site: https://www.musicbusinessworldwide.com/gaming-giant-steam-faces-legal-action-from-the-uks-prs-over-alleged-unlicensed-use-of-music-in-games/

    It sounds every bit as stupid there, if not more so because it's apparently a normal aspect of distribution licensing in the UK.

    Game developers and publishers typically secure sync licences to cover the embedding of music in their titles.
    However, in the UK, those sync deals do not extend to the making available of that music when games are subsequently distributed via download or streaming platforms.
    The ‘communication to the public’ right — i.e. the making available right — sits with PRS, not individual music publishers, meaning Valve requires its own separate licence as the platform operator distributing games that contain PRS members’ works.

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  • [–] 9 points 8 months ago

    So remove all those games from Steam, the largest game market on the planet. I'm sure that will get more people wanting to use PRS stuff if they can't distribute on Steam.

    ... fucking shakedown assholes.

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  • [–] 86 points 8 months ago (4 children)

    There have been so many lawsuits against Valve recently from so many different angles. I'm not usually one for conspiracy but I wouldn't be shocked if this is a coordinated campaign to unseat Valve from their monopoly on the PC gaming market so that other games industry corporations can move in. They've been trying and failing to break into this market for years because Valve has built so much consumer loyalty.

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  • [–] 13 points 8 months ago (2 children)

    Microsoft is looking to butt in on the pc gaming market with their new Xbox project I wonder if it has something to do with that.

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  • [–] 1 point 8 months ago

    I'd be surprised if it wasn't microsoft angry at valve for pivoting to linux. Gaming is the last major stronghold for home computing dominated by microsoft, it's all been replaced by platform agnostic web apps and mobile devices for 90% of non-gaming use cases

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  • [–] 79 points 8 months ago (2 children)

    Are they going to sue to operating system owners next? What about the web browser that offers the steam installer download?

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  • [–] 77 points 8 months ago (3 children)

    Next in convenience store owners and employees need to get a music license for selling CDs and DVDs so the public.

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  • [–] [S] 69 points 8 months ago (2 children)

    Apparently PRS already took it to another level by threatening an employee for singing to herself at the store she worked at

    http://news.bbc.co.uk/2/hi/uk_news/scotland/tayside_and_central/8317952.stm

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  • [–] 26 points 8 months ago (1 child)

    What fuck that company lost their goddamn minds. Wonder they are fucking stupid enough to sue YouTube for something similar. Maybe because Google billion dollar corporation that would bankrupt them.

    Lets hope judge smart enough to throw this lawsuit out, and they have to go bankrupt due to a counter suit.

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  • [–] 68 points 8 months ago (12 children)

    Isn't this kind of like suing blockbuster over music in the films they rent? Seems a bit daft, but there must be a reason they think it might succeed.

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  • [–] 28 points 8 months ago* (6 children)

    It seems similar to the idea that you could sue Google for copyright infringement because it serves a website that infringes copyright. Like… valve just serves the content and facilitates sale, right? The act of infringement wasn’t committed by them, it was committed by the game developers. Am I mistaken?

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  • [–] 39 points 8 months ago (5 children)

    From what I understand, the music was used under licence by the game developers. The plaintiffs want Steam to also pay them for a licence to offer the game, which is already legally using the music, on their store, which is absurd.

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  • [–] 11 points 8 months ago* (4 children)

    Interesting, but I can see how this might play into their favor too. If the developers license to the music doesn’t cover resale/relicense, and maybe they’re arguing that the music (by extension of the game) was licensed to Valve in a manner that isn’t covered by the original license? Effectively meaning, valve can’t profit off the music by any means; developers had a non-extendable license to it, allowing only for distribution to consumers who don’t resell?

    But you still wouldn’t sue Valve over that, would you? You’d sue the developers for damages due to breach of contract?

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  • [–] 2 points 8 months ago* (last edited 8 months ago) (3 children)

    If the games are using the music in violation of copyright and valve acquired it and is selling it, the distribution rights part of copyright law allows the copyright owner to sue anyone in the supply chain. If the music was originally licensed properly, then PRS is just looking for a settlement.

    Once you purchase a legally distributed work, you are protected by the first sale doctrine, which allows you to do pretty much whatever you want with your single copy.

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  • [–] 1 point 8 months ago (2 children)

    But with Steam you haven't purchased a copy. First sale doctrine isn't likely to apply. You've purchased a license for access.

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  • [–] 1 point 8 months ago* (1 child)

    That’s the relationship between consumer and Valve though. I’m thinking what’s more relevant is whether or not the relationship between the game developer and Valve is in breach of contract between PRS and the game developer.

    Any idea if Valve technically only has access licenses as well? Or did they buy a copy to license out themselves?

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  • [–] 2 points 8 months ago

    I think the issue here is that the game developers may not have any contract with PRS. Historically they wouldn't have had to - they'd license the music from the big music labels, stamp their game onto a CD and sell a product. Now they're not just selling a product - they're licensing access to a "performance" of it. Valve is the playing an active part in this by "performing" the works on demand. It seems stupid to me, but that's the world of content licensing.

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  • [–] 9 points 8 months ago (3 children)

    If they win, they set a precedent and then start suing everyone. If they lose, they don't lose much.

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  • [–] 4 points 8 months ago (2 children)

    From what I've read elsewhere, precedent is already set. Other game storefronts providers, including Sony, Microsoft, and Nintendo, do make such payments to PRS. Valve is the odd one. I'd love it if someone here could confirm or deny this.

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  • [–] 61 points 8 months ago (4 children)

    Not that I love ActMan, but day to day news about Valve controversies do make me feel the same about these claims as ActMan. It really feels like if suddenly everyone wants to sue Valve to the ground so they got destroyed and other lesser fair gaming companies secure their market.

    Valve is no angel. But if we compare to others, they are next best thing to a Saint.

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  • [–] 14 points 8 months ago (1 child)

    That last sentence. Fucking sucks this where we're at.

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  • [–] 18 points 8 months ago

    yes, when the a company that pretty much popularized loot boxes, skins and trading is the good one you know things are bad

    Steam has by far the best user experience of any onljne game store and just softwarr store in general, with refunds, a good and accurate category system, accurate reviews, per game forums, a place to share community mods, achivements, cross platform support, a friends system, group system, cloud sync, a way to devs make availible private and public beta builds, good and granular regional pricing and many more

    so many features, yet tim sweeny could never understand why people believe epic store is inferior

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  • [–] 59 points 8 months ago

    This kind of lawsuit only makes things worse for musicians who are already struggling with making money performing and recording. This will be challenged, beaten and leave a bad image for artists as not everyone is going to draw logical conclusions from it.

    It’s not about artists anyway despite their claim, it’s about labels. The artists doing well are doing their own thing recording, touring, selling merchandise and making sure their followers are getting value for money. The traditional labels are losing control the same way the magazines did.

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  • [–] 58 points 8 months ago (9 children)

    This whole thing is utter bullshit. It sounds like the game studios DO have a license, and they're claiming that Steam does not but should. Because you can't tell me that Microslop, EA, and Rockstar, three ENORMOUS giants in the gaming industry, have willingly opened themselves up to litigation by not licensing music in their games, something they've been making for decades. Why are they entitled to a license from the developer AND a license from the shop selling it? Of course, they're not, but let's hope this doesn't set precedent that says they are.

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  • [–] 14 points 8 months ago (3 children)

    Next logical step would be to sue producers of radios, speakers, headphones and so on, I assume. Their devices "perform" the music, after all.

    And then they can sue hospitals for helping bringing new ears into the world.

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  • [–] 2 points 8 months ago* (last edited 8 months ago)

    You joke, but this is actually how it works in places. As recently as 2015 we paid some % of all storage media sales (think HDDs, nvmes, flash drives, anything that can hold data really) to our RIAA equivalent to ”compensate for private copying”. Now it’s no longer baked into the prices, but they are paid directly by the government, as in through taxation.

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  • [–] 7 points 8 months ago (4 children)

    Cyberpunk 2077 has an option specifically for streamers to not play music in that touchy area. I know project red is big but not quite as big as those other guys, and even they had a mind to protect themselves and other public personalities.

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  • [–] 15 points 8 months ago (2 children)

    IIRC it's because the streamer can't play the music to people, since they don't have the license for that, the game has the license to play the music, not the streamer.

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  • [–] 9 points 8 months ago

    Streamer mode is typically for one of two usecases:

    1. The streamer plays their own music, so being able to silence all game music simplifies things
    2. The game might contain copyrighted music by known artists, which can trigger automated enforcement. In most jurisdictions music used in a game is fine to stream/record because it's covered by the developer's/distributor's license, but that doesn't stop overzealous rights holders from placing bogus claims that can muck up your revenue, so it's easier to just not play music that you don't yourself have license to play
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  • [–] 45 points 8 months ago (3 children)

    everybody attacking Valve, maybe my tin foil hat is too cozy but it;s a concerted effort by the psychopathic elite to ruin our lives. may their glans be afflicted by a million paper cuts and a salty storm

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