Prepare for a rant. Not against the ESA in particular, though they are most certainly part of the problem, but against the legion of freelance "internet investigators" who make it their job to not only harass the media, but to try and slowly dismantle the First Amendment.
The ESA today sent us a copyright infringement notice. Really not that big a deal because, besides referring to us as Jalopnik, the image in question is of a screenshot of a Wii service update for a story that ran in August about some routine update hitting the Wii.
My issue isn't with the stupidity of the notice, or the amount of my time it wastes. My issue is with all of the other sites that the Intellectual Property Enforcement folks at the Entertainment Software Association strong-arm into taking down legitimate news stories because they don't have the understanding of the law or the time to deal with bogus complaints.
I'm certain that someone at the ESA didn't send this out on their own, but the fact their IPE people do that on a daily basis most certainly has a chilling effect on a free and independent media. What I suggest that folks like the ESA and Microsoft and Sony and Nintendo and everyone else who uses these freelancers do is to stop using them, or perhaps hire people who both know the law and the subject they are supposed to be dealing with.
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