ESA warns No Fakes Act could create legal uncertainty for video games
The Entertainment Software Association (ESA) has urged the US Senate Judiciary Committee to amend the proposed No Fakes Act, citing concerns that the bill could lead to legal complications for the video game industry. The ESA argues that the current bill does not effectively distinguish between harmful deepfakes and legitimate digital characters used in games. As it stands, the bill's broad definition of a digital replica could expose developers to lawsuits from individuals who feel that game characters resemble them, including the numerous background characters present in larger titles.
In its letter, the ESA highlighted the existence of realistic characters in popular games such as Tomb Raider, Call of Duty, Red Dead Redemption, and The Last of Us, which could fall under the bill’s sweeping definitions. Furthermore, the ESA raised concerns about the potential impacts on the tools and services used for creating digital replicas. Many of these technologies, utilized by game developers and players for avatar customization, are legitimate multi-purpose tools that the legislation could inadvertently affect.
Why it matters
While the ESA supports efforts to combat harm from deepfakes and digital impersonation, it believes the bill requires further refinement to prevent creating ambiguity for video game studios and technology providers. ESA president and CEO Stanley Pierre-Louis emphasized that there are additional issues with the bill, and the organization has proposed sensible solutions to narrow the legislation in a manner that addresses genuine concerns.
Original source
PocketGamer.biz
