WASHINGTON – The Entertainment Software Association (ESA) today issued the following statement on the D.C. Circuit Court of Appeals decision in Green v. Department of Justice:
“Section 1201 of the Digital Millennium Copyright Act (DMCA) is integral to protecting the integrity of the video game ecosystem from infringing copyright activities and ensures that consumers can enjoy rich and immersive video game experiences. The D.C. Circuit Court of Appeals decision in Green v. Department of Justice allows video game companies to continue to deliver a broad array of games and experiences to the 190.6 million Americans who play video games on a variety of platforms.”
Stanley Pierre-Louis, ESA President and CEO
On August 2, 2024, the Court of Appeals for the D.C. Circuit affirmed the constitutionality of section 1201 of the DMCA in Green v. Department of Justice. The court noted that section 1201’s protection of copyrighted works through technological protection measure (TPMs) and deterring the trafficking of TPM circumvention devices is consistent with the goals of free speech and free expression. The court also highlighted the importance of the concept of lawful access to copyrighted works as serving the values of the First Amendment.
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About the ESA
Founded in 1994, the Entertainment Software Association (ESA) has served as the voice and advocate for the U.S. video game industry for more than 30 years. Its members are the innovators, creators, publishers and business leaders that are reimagining entertainment and transforming how we interact, learn, connect and play. The ESA works to expand and protect the dynamic marketplace for video games through innovative and engaging initiatives that showcase the positive impact of video games on people, culture and the economy to secure a vibrant future for the industry for decades to come. For more information, visit the ESA’s website or follow the ESA on X @theESA or Instagram @theesaofficial.
