Video Game PS - Beyond the Thunderdome
Posted: Sat Nov 14, 2015 12:31 am
Tried a new approach; a little lengthier, probably has a varied amount of grammar and structural issues but I'll work that out if the content is better. I believe it's a little less thematic than my other two drafts, focusing more on my thesis presentation and how that affirmed my desire while kind of addressing the video game aspect a bit more subtly. Conclusion might needs some more work
Thirty-two million.
I might have picked a larger number, but feared that it might overshadow the core of my argument. A smaller one was similarly problematic, for it may have underscored the foundation for my performance; and thus thirty-two million seemed fitting.
Just as I decided on an opening statistic, the first presentation of honors week had concluded; an analysis of literary theory in survival horror video games. A somewhat appropriate precursor to my own presentation, albeit ironic as I thought I would be the only one to go through with an academic thesis on video games. As the question and answer session ended and the applause subsided, those who paid attention to the program began to shift attention to my chair in the front row. As my name was called and my thesis title was announced, the countdown began. Fifteen minutes to convince a group of my peers, faculty members and other esteemed guests that my senior thesis not only deserved the respect and equal standing as the others being presented, but that it had practical application at all.
The first slide appeared, only bearing the title of my yearlong endeavor "Copyright in the Digital Age: The Importance of Transformative Use in Video Game Streaming" and my name. I paused for a moment, taking inventory of the room, gauging the reactions to my protracted title, everyone was expecting an elaboration in layman's terms. Next slide.
A picture of the Staples Center in Los Angeles, a sold out crowd, red and blue lights flashing everywhere. "Thirty-two million people watched the League of Legends World Championship in 2013". Another pause, the audience slowly drew forward, intent, careful not to miss a detail. As if the initial shock of the figure I had just released had not been enough, animated text faded in even more impressive statistics: 67 million monthly players, 13 billion hours played. To contrast this, on average, 15 million people watched the 2013 World Series; only 27 million watched the seventh game in the NBA Finals.
Just as quickly as the foundation had been laid, I moved swiftly to address the core of my presentation - why should we care about video games and intellectual property law? Unlike other forms of entertainment, which is merely a relationship between the program and the viewer; video game streaming has a triangular relationship between the game developer, the streamer and the viewer. This triumvirate makes applications of copyright law, particularly fair use, very precarious. As entertainment moves from traditional programming models towards heavy user-generated and on-demand content; there is bound to be overlap between "original" sources, their ownership and therefore, profits. Streamers, those who play video games for an audience, can earn the equivalent of a middle-class salary; some even in the six-figure range from donations, sponsorships and advertisements, but they are using the video game itself, to profit. The act of playing, commenting and interacting with others creates an entirely new source of authorial content not found in the code and other copyrighted areas of the game itself; effectively transforming the original game into something beyond the scope of each individual component.
As my presentation drew to a close, I reiterated a more general conclusion about the practicality of video games as a medium to examine intellectual property law. Technology generally outpaces the law, rather exponentially; and it would be preposterous to presuppose that we could have the alternative situation, where the law is always at or beyond technological advancement, however ideal it may be. Video games have the mark of an established industry, but one that provides the ability to analyze the existing framework of intellectual property law in a new light; that of authorship and transformative use. Rather than the precedent of fair use, which has shown to be at its limits when addressing newer forms of entertainment, transformative use shows promise for looking at these hybrid systems of entertainment and the future of intellectual property law.
As my monologue concluded, over a year of work summed up in fifteen minutes and a few follow up questions, I returned to my seat not worrying whether or not I had convinced my audience that my topic was worthwhile; that it had a place at honors week, that video games and law was not a joke. I returned with a conviction that I was able to address a complicated area at the forefront of intellectual property law; that it was something that I could one day have a tangible impact on.