Fair use is built into copyright law and their EULA doesn't make it just go away. Remember Galoob vs Nintendo regarding Game Genie. Folks have the legal right to change the bits in software on their devices. Also, tying acceptance of an EULA to simply playing a machine .. that would be interesting to see in court. Remember, WMS had those FBI warning stickers in the backbox that said essentially the same thing, and everyone ignored them. If I buy a game secondhand and play it, I didn't legally agree to diddly-squat.

The problem is this: "and/or losing access to Stern Pinball’s online game network"

If they try to pull PSN or Xbox Live bullshit and force users to subscribe to said network get normal software updates (where they can track and ban you), that will be the end of Stern for me. If I want to, say, make my Metallica play folk music, that is still my legal right.

Streaming stuff will be an interesting fight.. I can see the desire to block streaming of modified 3rd party content (Metallica might get pissed if videos of folk Metallica proliferate) and such streams may not have strong fair-use protections.

Copyright law is broken because y'all repeatedly elect lawmakers who keep accepting money from guilds and passing crazy copyright extension laws in return. Neither the guilds nor the congresscritters give a rat's ass about the end consumers.

Original Copyright Act of 1790 – established U.S. copyright with term of 14 years with 14-year renewal. This was during a time when it might take all 14 years to actually produce enough copies of your work and distribute them to your audience.

Today, copyright is 95/120 years or life of author plus 70 years. In a time when an author can publish their work instantly to a global audience for immediate purchase.

It's really fucking stupid, and it stays that way because everyone is too wrapped up in abortion or guns or healthcare or whatnot to pay attention. How many times was copyright reform mentioned in this year's Congressional campaigns? We keep electing the same weak-ass people who basically take bribes, and copyright holders keep profiting.

That would be interesting. Open the box, setup the game, read the EULA wherever they stuck it, decide not to accept and call the dist to come pack up and take the machine?

Not sure if it would make an impression with Stern but it would be the last game that distributor sells you!

I think they already had this conversation, except with JP movie assets...

"i.You will not copy, reproduce, alter, replace, distribute, reverse engineer, decompile, disassemble, display, perform, create derivative works based on, or otherwise modify the Stern Pinball hardware or Stern Pinball Software or any Authorized Update, in whole or in part; and will not commercially exploit any of the foregoing"

I don't think the part about modifying Stern hardware is enforceable. Changing GI LEDs to different colors would fall under that broad clause, not to mention adding flipper fans, decorative toys, etc. Most installations require some changes to the base game, even if just another hole drilled somewhere. Hell, I had to reposition the 3bank in my AIQ because it was installed too far back and the targets wouldn't drop. Will there be an exception to this clause for fixing factory fuckups?

"In view of the rights held by third-party owners of Authorized Content (e.g., music and video clips), Stern does not have the legal authority to give permission to stream the gameplay of Stern Pinball Machines"

Maybe Stern should start securing those rights during negotiations with rights-holders? People streaming themselves playing is a core part of gaming these days. I figure folks are going to stream anyway, will have to see if any rights-holders try suing.

"Stern Pinball may update the Stern Pinball Software from time to time without further notice to You, for example, to update any anti-piracy, security, and technical measure."

If Stern moves to distribute updates by forcing end-users into an online-only subscription, there will be no more Stern games for me. One of the joys of pinball has been NOT having to deal with online DRM, and there are plenty of older games to explore that don't have it if Stern starts crippling the new games.

You're right.. I was thinking more of Stern not paying more but simply telling the rights holders that people are going to stream the game regardless, but I realize they're basically doing that by disclaiming any involvement. I doubt any rights holders will mess with hobbyists streaming their gameplay, but they might want to talk to commercial streamers. Tournaments have to deal with it as well...