News of the Week; August 10, 2016

GAMES

1. New York Makes Playing Pokemon Go, Other Online Games A Sex Offender Parole Violation
2. Pokemon Go legislation puts ESA in a tight spot: Will the industry side with sex offenders or risk legislators hobbling a new market just as it gets going?
3. Pokemon Company Threatens Pokemon Go API Creator With CFAA Lawsuit
4. Pokémon Go blocks third-party services as global rollout continues: Niantic’s game earned a reported $200 million in its first month, giving rise to a cottage industry of external sites
5. Privacy Scandal Haunts Pokemon Go’s Ceo
6. Niantic CEO explains takedown of third-party Pokemon Go apps
7. Pokemon Go now banned in Iran due to ‘security concerns’
8. Pokémon Go and the Evolving Arena of Clickwrap Enforcement against Children
9. How hackers broke Pokémon Go’s anti-cheat technology in four days: Decrypted authentication hash again opens up unauthorized apps.
10. What Makes Pokémon Go So Popular?
11. Beware the Pokemon Go Bandwagon
12. Skin Betting Crackdown: A Dozen Sites Rebuff Second Valve Cease And Desist Letter
13. Dota 2 eSports prize pool eclipses $20 million
14. SA government puts block on esports gambling
15. The Wild West of E-sports Stats: The all-digital world of multiplayer online battle arena gaming should be the perfect petri dish for data analysis. As the popularity and profitability of the genre continue to soar, however, the statistical revolution is surprisingly struggling to keep pace.
16. Online Olympic video streaming is big, but not as big as eSports: The world’s best athletes are on display, but don’t tell the dudes watching League of Legends on Twitch.
17. Fan-made Metroid 2 remake celebrates series’ 30th year before Nintendo does: Free on Windows with redrawn graphics, slight twists, mechanics from other entries.
18. Valve now prevents game trading for players caught cheating on Steam
19. Valve will grant royalty-free licenses to anyone making SteamVR peripherals: Will allow anyone to build trackable sensors into hardware meant for VR experiences.
20. ‘Favorable’ overseas sales steer Bandai Namco to solid quarter
21. Overwatch helps drive record-breaking revenues for Activision Blizzard
22. How Warner Bros. is making its game business digitally powered
23. Xbox One controllers and Windows 10 PCs: It’s all a mess right now
24. Sony cancels PlayStation Plus TV series Powers
25. Zynga posts another up-and-down quarter
26. No Man’s Sky street date broken by retailers, gameplay streams now online: Sony issues response, says pre-patch version is not a “fair depiction” of game.
27. No Man’s Sky could alter the relationship between indies and publishers: Hello Games’ Sean Murray believes success could have a “real impact” on how big publishers see indie games
28. Humble experiments with giving streamers a cut of game bundles they promote
29. Hackers finally breach Denuvo’s impenetrable defences: “Denuvo allowed 650,000 pirates to breach their servers for 3 days. And they call themselves the most secure company?”
30. PC game pirates begin to find cracks in Denuvo anti-piracy tech
31. Ska Studios laments “toxic” trend in community attitudes: Delay to Salt and Sanctuary’s Vita port prompted a backlash from the game’s audience
32. I got a glimpse into the future of women in gaming—and it was magical
33. Playing a Video Game Could Cut the Risk of Dementia by 48%, Suggests a New Study
34. What I learned playing Metacritic’s all-time worst-scoring PC games

DIGITAL

1. Chung c. Brandy Melville Canada Ltd.: When Using Photographs Posted on Instagram Can Result in Copyright Infringement
2. Case launches testing anti-SLAPP laws
3. Repeat Plaintiff Can’t Sue Search Engines Because Employers Won’t Hire Him–Despot v. Baltimore Life Insurance (Eric Goldman)
4. Kansas couple sues IP mapping firm for turning their life into a “digital hell”: Company fixed the error, but it may be years before the issue is resolved.
5. Twitter is not legally responsible for the rise of ISIS, rules California district court
6. EFF Asks FTC To Demand ‘Truth In Labeling’ For DRM
7. FTC Alleges 1-800-Contacts Bullied Rivals Out of Competing in Search Ads: Comeptitors Agreed Not to Buy Ads Against Each Others’ Brand Names
8. FTC Sues 1-800 Contacts For Restricting Competitive Keyword Advertising (Eric Goldman)
9. Even The Usual Defenders Of The RIAA Are Pointing Out They’re Simply Lying About YouTube
10. 98% of YouTube Music Videos Are Completely Authorized. Now What?
11. YouTube is stepping up its investment in original content: Early success of Red subscription service means more funding and support for creators like PewDiePie
12. Rio 2016: Want to make Olympic GIFs? Not so fast, says IOC – International Olympic Committee prohibits media from making GIFs, WebMs, and Vines.
13. Minnesota Carpet Cleaning Business Sues US Olympic Committee Over Its Ridiculous Social Media Rules
14. Rio Olympics Videos Already Have a Billion-Plus Views
15. Time Warner as sous-chef may enhance Hulu broth
16. Hulu to End Free TV Service
17. Hulu Ditches ‘Free’ Model Without Giving It A Chance To Succeed
18. With Hulu’s Valuation at $5.8B, Where Does It Stand Next To Netflix, Amazon?
19. FTC to Crack Down on Paid Celebrity Posts That Aren’t Clear Ads: The agency says brands and the social media stars who promote their products need to be more transparent about sponsored content
20. Snapchat Influencers Start Labeling Social Endorsements as Paid Ads: FTC guidelines kick in with uptick in branded content
21. The Coming Copyright Fight Over Viral News Videos, Such As Police Shootings
22. Lifestyle Blogging, Supplement Dust, and Third Party Liability
23. Competitive Keyword Advertising Lawsuit Will Go To A Jury–Edible Arrangements v. Provide Commerce (Eric Goldman)
24. New York Legalizes Daily Fantasy Sports 
25. These May Be the Only People Who Want Yahoo to Thrive
26. Why are sex workers getting kicked off Airbnb and other platforms without explanation?
27. Police Get Facebook To Kill Livestream Of Standoff Which Ended With Suspect Being Shot To Death
28. Your ‘Smart’ Thermostat Is Now Vulnerable To Ransomware
29. State Supreme Court Rolls Back Decision That Would Have Made Violating Company Computer Policies A Crime
30. UK copyright extension on designed objects is “direct assault” on 3D printing: Industrial designs, like chairs and tables, now come with a copyright of 70+ years.
31. Facebook continues its war on clickbait: New system “identifies words and phrases that are commonly used in clickbait.”
32. Tinder terms of use “violate European law,” says MEP: Norway tells Tinder “this ain’t Texas.” But Tinder sees name victory over threesome app 3nder.
33. The Making Of A “Facebook Murder”: People are actually killing other people for changing their relationship status
34. Haters Gonna Hate — but They Better Stop Doing It on Twitter, or They Will Kill It.: Three years after the company resolved to solve harassment, the trolls are still winning.
35. Blackberry enters a new era, files 105-page patent lawsuit against Avaya: Armed with 38,000 patents, BlackBerry CEO says he’s in “licensing mode.”
36. Government Accountability Office Study Confirms: Patent Office Encouraged Examiners To Approve Crappy Patents
37. Oracle fights back against Google’s attempt to sanction a lawyer after trial
38. Apple, Google, Amazon, And The Advantages Of Bigness
39. When Every Company Is a Tech Company, Does the Label Matter?
40. Revisiting the graveyard of an early content farm: There are lessons still be learned from the dusty webpages of Demand Studios.
41. The strange case of Marina Joyce and internet hysteria: Witch hunts and panic among communities are nothing new, but what happens when cyberspace intensifies the frenzy?
42. The 10 Commandments of Internet Ethics 
43. The first website went up 25 years ago today
44. The bandwidth bottleneck that is throttling the Internet: Researchers are scrambling to repair and expand data pipes worldwide — and to keep the information revolution from grinding to a halt.
45. How AI Will Redefine Love

CREATIVITY

1. Getty Sued Again Over Abusing Copyright Law, Licensing Images It Has No Rights To
2. Government-Backed Study Finds Piracy Fight a Low Priority for Canadian Rights Holders (Michael Geist)
3. Musician Ed Sheeran faces copyright lawsuit over ‘Thinking Out Loud’
4. Marvin Gaye Co-Writer Getting it on Again 
5. Ed Sheeran sued for allegedly copying Marvin Gaye classic Let’s Get It On: Sheeran’s Grammy-winning hit Thinking Out Loud copied the ‘heart’ of Gaye song, says its co-writer Ed Townsend as he sues British artist in New York
6. Franz Kafka literary legal battle ends as Israel’s high court rules in favor of library: Country’s supreme court rules manuscripts are the national library’s property – Estate’s heirs must hand over documents, which include unpublished writings
7. MPAA Anti-Piracy Cutbacks Lead to “Bullying” Lawsuit
8. Second Circuit Revives Copyright Claims Against Sony and Ghostface Killah 
9. Primatologist Tells Court That Macaque Monkeys Are, Like, Super Smart, So They Should Totally Get Copyrights
10. DOJ Recommends No Changes in ASCAP and BMI Consent Decrees, And Requires Full-Work Licensing – How It Affects Music Users
11. DOJ Makes Smart Decision On Music Licensing… Music Publishers Completely Lose Their S–t
12. The Growing List of How the Copyright Office Has Failed Us
13. Photographers: Arkansas’ new image-rights law foggy
14. Publishers Association Sends Whiny Complaint Letter To Dean After Academic Librarian Discusses Sci-Hub
15. Want to Change Academic Publishing? Just Say No
16. Viral Cow Video Copied In Ad Campaign, But Is It Copyright Infringement? (Andres Guadamuz)
17. Here Is The End Result Of The USOC And NBC’s Over-Protectionist Olympic Nonsense
18. Federal Court rules Olympic themed Telstra campaign is not misleading
19. Australian Olympic Committee v Telstra: Federal Court draws a ‘fine line’ on ambush marketing
20. ‘The Ring Games’: How ambush marketing can see brands benefit from multi-million dollar events for free
21. Dirty Dancing with Trademark Rights: How Pop Culture References in Ads Can Raise Legal Issues 
22. Josh Duggar Sued over Ashley Madison Profile: DJ Alleges Duggar’s Use of His Picture Cost Him Jobs
23. The Plural Tort Structure Of Copyright Law
24. A new milestone for black women in movies — and why it matters
25. NFL Cuts Out Shout-Out To St. Louis In HoF Speech YouTube Upload, Streisand Effect Takes Over
26. Journalism’s lack of diversity threatens its long-term future: The barriers faced by those from poorer backgrounds or minorities are getting higher – how can newspapers expect to stay relevant?
27. Newspaper Association Of America Complains That Comedian John Oliver Failed To Solve Newspaper Biz Model Problem
28. Picturing the Commons
29. Functional Compilations (Pamela Samuelson) 

COMMUNICATIONS & BROADCASTING

1. Roger Ailes Used Fox News Budget to Finance ‘Black-Room’ Campaigns Against His Enemies
2. Roger Ailes’ Clothing Choices Perfectly Reflect His Personality: Gross on the outside. Gross on the inside.
3. Will Megyn Kelly Dish About Roger Ailes In Her New Book?: Speculation is building around when and how the Fox News anchor will break her silence.
4. The Donald Trump and Roger Ailes Mind-Meld: What Trump’s defense of Roger Ailes’ alleged sexual harassment reveals about the GOP nominee.
5. How Unusual Is the Roger Ailes Sexual Harassment Case?
6. CNN’s Brian Stelter: Fox News Sent A Staffer To Date Me And Spy On Me Ten Years Ago – Stelter – “I Was Going Out On What I Thought Were Dates … They Were Actually Spying On Me”
7. Viacom CEO Philippe Dauman Is Overpaid and Should Be Fired, Parent Company Says: He’s “the third highest paid CEO in the United States and among the worst as measured by pay for performance,” NAI writes
8. States win the right to limit municipal broadband, beating FCC in court: Major loss for Tom Wheeler in attempt to boost broadband competition.
9. Appeals Court Strikes Down FCC Attempt To Eliminate Protectionist State Broadband Laws
10. Copyright Office Outlines Concerns With Set-Top Box NPRM in Letter to Congress
11. US Copyright Office sides with cable companies against FCC’s set-top rules: Set-top box rules could enable piracy, copyright official warns.
12. Why Is The Copyright Office Lying To Protect The Cable Industry’s Monopoly Stranglehold Over The Cable Box?
13. Programmatic Advertising Buying and the FCC’s Political Broadcasting Rules 
14. AT&T, Comcast Fight Utility Pole Reform To Slow Google Fiber’s Arrival In Nashville
15. Verizon faces customers’ wrath over poor Internet and phone service: Verizon disputes complaints, says it isn’t abandoning copper network in Jersey.
16. BBC to deploy detection vans to snoop on internet users
17. BBC Now Training Its Secret, Likely Imaginary, Fleet Of Detector Vans On Your WiFi
18. The real scandal is that you still believe TV licence detector vans are real – Op-ed: No, the BBC can’t snoop on your Wi-Fi and sense that you’re using iPlayer.
19. Comcast/NBC Ignores Lessons From The Cord Cutting Age, Buries Olympics Under An Ocean Of Annoying Advertising
20. Olympics fan claims Twitter killed his account after he posted Rio videos: Venezuelan tweeter says short clips were legal under local laws—Twitter disagrees.
21. Google Fiber re-thinks plans as it considers wireless alternative: Wireless could help Google Fiber avoid fights with incumbents over pole access.
22. Ad board to Comcast: Stop claiming you have the “fastest Internet”: Comcast should also stop making confusing claims about Verizon, group says.

SURVEILLANCE & PRIVACY

1. Vulnerability Exposes 900M Android Devices—and Fixing Them Won’t Be Easy
2. Sent text messages not private: ruling
3. Good Ruling In California Protects Anonymity Of Online Critics — Even When The Information Was False
4. Tenth Circuit: Accessing email is a ‘search’ under the Jones trespass test (Orin Kerr)
5. FISA Court Says FBI Must Review Its NSL Gag Orders Every Three Years, Rather Than Almost Never
6. GCHQ faces human rights challenge over bulk hacking abroad: Privacy International to battle UK spooks at European Court of Human Rights.
7. FBI chief Comey: “We have never had absolute privacy”: 650 phones are “a brick to us… Those are cases unmade, evidence unfound.”
8. Microsoft v. United States: Court’s “Privacy” Ruling Is Not Really About Privacy at All
9. An Assessment of the Anthem Data Breach Litigation Rulings
10. Consumers Say DraftKings and FanDuel Aren’t Keeping Their Data Secure
11. Has your Company Suffered a Data Breach? Expect to Lose $6.03 Million on Average
12. Embarrassing Photos of Me, Thanks to My Right-Wing Stalkers
13. Can We Trust Julian Assange and WikiLeaks?

jon