News of the Week; August 24, 2016

GAMES

1. ‘NBA 2K’ Videogame Publisher Wants Judgment Allowing Use of Player Tattoos
2. 6th Circuit rejects college players’ Lanham Act, ROP claims: Marshall v. ESPN, No. 15-5753 (6th Cir. August 17, 2016) (Rebecca Tushnet)
3. Nintendo Shuts Down Fan Remake Of 25 Year Old Metroid 2 Game Because It Can’t Help Itself
4. Nintendo nets $661 million from Seattle Mariners sale
5. Stop Gaming the System, Gamers: Twitch Sues Over Fake Viewer Bots
6. eSports and the UK Gambling Commission – First Impressions
7. World’s first eSports gambling regulation proposed in UK (Jas Purewal)
8. The International 2016: the greatest event not just in Dota 2 but in all of e-sports
9. Friction between Riot and League of Legends team owners: Teams upset with big pre-tourney patches and limitations on revenue streams; Riot irked by teams investing in other eSports
10. Property owners sue over Pokemon Go: Detroit-area couple says they don’t feel safe as players loiter, trespass, harass home owners near in-game hotspots
11. Pokémon Go changes everything (and nothing) for AR/VR
12. Vietnam bans Pokemon Go from government, defense sites
13. Pokémon GO: An Indicator of Product Liability in the App Economy 
14. 3DS Pokemon sales surge thanks to success of Pokemon Go
15. Pokemon Go is losing millions of users, still has millions more
16. Zenimax amends Oculus lawsuit to accuse John Carmack of theft
17. ZeniMax raises the stakes in Oculus VR lawsuit: Amended complaint makes direct accusations against John Carmack, questions Luckey’s role in Rift’s creation
18. ZeniMax claims the Oculus Rift was built on stolen technology: The messy legal battle over consumer VR
19. Facing Down the Online Mob: As hype and expectations for major games spiral out of control, hate campaigns and death threats have become an occupational hazard for game creators
20. Blizzard tests new means of encouraging sportsmanship in Overwatch players
21. University funds efforts to build an archive of LGBTQ content in games
22. Without Kojima, Metal Gear becomes a multiplayer zombie action game: Konami pivots with “an alternate timeline caused by unexplained wormholes.”
23. Why I Watch People Play Videogames on the Internet
24. Twitch acquiring Curse: Streaming site picks up multimedia and in-game chat and media company
25. Twitch moves to purchase video game community Curse
26. As ‘influencers’ rise, Peter Moore foresees a game industry without press conferences: “The medium is changing. Influencers, celebrities who aren’t the classic journalists are finding their own way. Our job is to put the games in their hands like we did last night.”
27. Rocket League surpasses 20 million players
28. Kabam: Look beyond whales, focus on your “regulars”
29. Sony raising PS Plus price: Annual memberships for online play and free games program going up $10 in US, $20 in Canada next month
30. Sony is bringing its PlayStation Now game streaming service to PC
31. PS Now expands to PC: Sony streaming service adds a platform as company announces USB adaptor to connect DualShock 4 with PCs
32. This is the last console generation – Greenberg
33. Disney’s Many, Many Attempts At Figuring Out The Game Industry
34. VR/AR to reach $162 billion in worldwide revenues by 2020 – IDC: Importantly, hardware accounts for half of the forecast and it includes applications for all industries, not just games
35. HTC Vive drawing more interest than Oculus from devs – VRDC survey
36. RPG, strategy are most lucrative mobile genres – SurveyMonkey: Other genres see more downloads, but downloads have become almost meaningless
37. Digital sales up 10% year-over-year in July – Superdata
38. Mario closes out Rio Olympics: Japanese prime minister dresses as Nintendo mascot for hand-off to promote 2020 Tokyo Olympics
39. Satoru Iwata’s first Nintendo project found, preserved by historian
40. A menace to society: the war on pinball in America

DIGITAL

1. The Internet Rallies Against A Terrible Section 230 Ruling–Hassell v. Bird (Eric Goldman)
2. Anti-Piracy Operations Are Fabricating Links To Non-Existent Torrents In DMCA Notices
3. The Internet’s Safe Harbor Just Got a Little Less Safe
4. Keeping the Internet Open (Vinton Cerf)
5. You’ll Never Guess This One Crazy Thing Governs Online Speech – Hint: It’s not the First Amendment!
6. Nice Officials Say They’ll Sue Internet Users Who Share Photos Of French Fashion Police Fining Women In Burkinis
7. Of Copyright, Copyleft and the Unique Creative Commons Needs of PLEI
8. This lawsuit could be the beginning of the end for DRM
9. Dancing Baby May Be Headed To Supreme Court
10. How the New York Public Library made ebooks open, and thus one trillion times better
11. Anti-Google research group in Washington is funded by Oracle: At least 17 news articles have cited research by the “nonprofit watchdog group.”
12. Oracle Says Google Didn’t Play Fair, Wants Third Trial (Oh Gd)
13. Did The NY Times Give Up Its Journalism Standards The Second Facebook Threw A Few Million Its Way?
14. WikiLeaks Has Morphed from Journalism Hotshot to Malware Hub: It’s alarmingly easy to visit WikiLeaks’ email database from Turkish political party AKP and come away infected with malicious code.
15. Report: WikiLeaks published rape victims’ names, credit cards, medical data: “If the family of my wife saw this… that could destroy people.”
16. Dear Internet: It’s Time to Fix This Mess You Made
17. How Trolls Are Ruining the Internet: They’re turning the web into a cesspool of aggression and violence. What watching them is doing to the rest of us may be even worse
18. Some questions for those who are cheering Gawker’s demise
19. Peter Thiel Just Got His Wish: Gawker Is Shutting Down
20. Did I Kill Gawker?: Or was it Nick Denton? Hulk Hogan? Peter Thiel? Or the internet?
21. Would The English Rule Have Saved Gawker From Peter Thiel?
22. Peter Thiel just backed a startup that helps you sue companies algorithmically
23. Peter Thiel’s Lawyer Now Sending Questionable Defamation Threat Letters To Media On Behalf Of Melania Trump
24. Lawyer Who Brought Down Gawker Threatens Media Outlets With Defamation Suits On Melania Trump’s Behalf
25. How a GIF of Aly Raisman’s Floor Routine Got Me Permanently Banned From Twitter
26. Donald Trump Says He’ll Turn Off The Internet For Terrorists
27. Twitter says it shuttered 235k accounts linked to terrorism in 6 months: There is no “magic algorithm” for identifying extremist content, company says.
28. Google loses appeal against Russia’s Android antitrust ruling
29. Stealing bitcoins with badges: How Silk Road’s dirty cops got caught: Ross Ulbricht’s screwup led to DEA agent’s arrest, who revealed another rogue agent.
30. India Criminalizes Merely Visiting A Copyright Infringing ‘Blocked’ Site
31. Pakistan’s new cyber law hit by legal challenge just 1 day after it’s approved: Draconian rules will criminalise 1000s of innocent folk, warn digital rights’ groups.
32. SightSound Versus Apple, and the Death Squad for Patents: We’re the guys who invented the download music store, showed it all to Steve, and got rolled by Apple
33. Music Is Just 4.3% of YouTube Traffic, Research Shows
34. One in Four Influencers Asked Not to Disclose Paid Promotion: SheSpeaks Survey Offers Inside Look at Brand Partnerships
35. Kardashians accused of failing to disclose paid relationships in Instagram posts
36. Twitter reportedly in talks with Apple to bring its app and NFL games to Apple TV
37. Twitter Flirts With Possible Live Streaming Agreement With Apple TV After Landing Numerous Sports Streaming Rights
38. Sling TV Launches New NFL Network And Red Zone Programming For Cord-Cutting Consumers
39. Why Disney Is Buying Into Major League Baseball’s Digital Division
40. The Next Big Thing in Video Streaming Is: NOT STREAMING – Downloading poised to become a staple of nearly all video services
41. Mexican Government Officials Have Press Creds Withdrawn From Olympics Over Uploaded Cell Phone Footage
42. The Creative Olympics: 8 Ways The Online Community Adapted To The Ban On GIFs
43. The US will soon no longer control the internet’s domain name system
44. Google is killing Chrome apps on Windows, Mac, and Linux: Chrome OS will remain supported “for the foreseeable future.”
45. Google to punish sites that use intrusive pop-over ads: If ads interfere with the mobile experience, it’ll spell bad news for the site.
46. How ticket-scalping bots steal all those ‘Hamilton’ seats you desperately wanted
47. What’s to Prevent Someone From Ripping Off Your Crowdfunding Campaign? Not Much.
48. News Sites Realizing That Relying On Facebook For Traffic Might Not Have Been Wise
49. This temporary tattoo can control your smartphone
50. How Digital Copyright Law Is Being Used to Run Roughshod Over Repairs
51. A Survival Plan for the Wild Cyborg
52. Your ‘Smart’ Power Outlets Are Now Botnets Thanks To The Internet Of Broken Things
53. AI Is Here to Help You Write Emails People Will Actually Read
54. Putting a computer in your brain is no longer science fiction
55. Engineers Say If Automated Cars Experience ‘The Trolley Problem,’ They’ve Already Screwed Up
56. Why Snapchat is hell for the brokenhearted
57. McDonald’s recalls Happy Meal fitness trackers after they injure kids: Fast food company recalls millions of wristband toys amid reports of blistering.
58. The new Streisand Effect: Barbra calls Tim Cook to change Siri’s pronunciation – The world works differently for the singer/songwriter than it does for you and me.
59. Language necessarily contains human biases, and so will machines trained on language corpora (Arvind Narayanan)
60. Computers and Robots Don’t Count: In copyright law, it’s all about people. (James Grimmelmann)

CREATIVITY

1. College Athletes Lose Appeal Over Use of Their Images in Game Broadcasts
2. Student Athletes Lose Sixth Circuit Appeal in Marshall v. ESPN
3. Appeals Court Tosses Lawsuit Against Broadcasters For Violating Publicity Rights During Football Game Broadcasts
4. Ha Ji Won Sues Cosmetics Company For Misappropriation Of Her Likeness
5. Cookie crumbles: court refuses to dismiss (c) claim based on facts of plaintiff’s life –
6. Eggleston v. Daniels, No. 15-11893, 2016 WL 4363013 (E.D. Mich. Aug. 16, 2016)(Rebecca Tushnet)
7. Judge Rejects Fox’s Bid to Toss Ex-Felon’s ‘Empire’ Copyright Lawsuit: Sophia Eggleton will move forward in a claim that the character of “Cookie” Lyon is copied from her 2009 memoir ‘The Hidden Hand.’
8. The “Ballers” In Your Court: Defending Copyrightable Expression 
9. Demi Lovato Faces Copyright Lawsuit From Indie Stars Sleigh Bells
10. Sleigh Bells Suing Demi Lovato for Copyright Infringement
11. Appeals Court Reverses Live Nation Win in Run-D.M.C. Merchandise Suit
12. ‘Blurred Lines’ Verdict Will Chill Music Creativity, 9th Circ. Told
13. Everything Old Is New Again? Court Rules Remastering Resets Copyright
14. Update to music remixing vs. remastering
15. Recording Industry Whines That It’s Too Costly To Keep Copyright Terms At Life Plus 50, Instead Of Life Plus 70
16. Woman Fills in Crossword Puzzle Artwork and Claims Copyright
17. Banksy artwork removed from Cheltenham house
18. Citigroup Gets First Loss In Trademark Suit Against AT&T For Saying ‘Thanks’
19. “THANKYOU”—possibly the dumbest trademark dispute ever—has been dropped: Flap between Citigroup, AT&T was about how the companies said thanks to customers.
20. MPAA loves fair use so much they don’t want to share it with the rest of the world
21. Team GB warns Leave.EU over image use
22. Motion to Stay Denied -Defamation Action and Trade-marks Act Claim Proceed in Parallel 
23. Judge grants Happy Birthday lawyers $4.6M, citing “unusually positive results”
24. This male comedian who’s harassed women online for years is finally suffering the consequences
25. Cox Denies Liability for Pirating Subscribers, Appeals $25 Million Verdict
26. Why Do Many Politicians Use Music Without Artist Consent
27. A New Approach to Copyright Exceptions and Limitations
28. The Surprising Partnerships that Rule Pop Culture
29. Why Japan has more old-fashioned music stores than anywhere else in the world
30. The London Omnibus And its Impact on U.S. Trademark Law
31. The TPP’s Trademark Provisions: Expanding Power at the Potential Cost of Balance in the Marketplace
32. Turkish Journalist Jailed for Terrorism Was Framed, Forensics Report Shows
33. How Sam Phillips Invented the Sound of Rock and Roll: The unusual engineering behind a legendary sound.
34. Academic clickbait: articles with positively-framed titles, interesting phrasing, and no wordplay get more attention online.
35. Who Decides What Must Be on a Syllabus?: College of Charleston professor says he’s been forced out of a job for refusing to list learning outcomes to please an accreditor. He’s suing and says academic freedom is being violated.
36. Amicus in LV v. My Other Bag (Rebecca Tushnet)
37. Fashion’s Function in Intellectual Property Law (Christopher Buccafusco & Jeanne Fromer)
38. The Moral Psychology of Copyright Infringement (Christopher Buccafusco & David Fagundes)
39. Adler on Fair Use and the Future of Art
40. Fair Use and the Future of Art (Amy Adler)
41. Common Knowledge: Epistemology and the Beginnings of Copyright Law (Jonathan Enderle)
42. Canada’s unofficial poet laureate is dying, but he gave one last concert before he goes

COMMUNICATIONS & BROADCASTING

1. EFF accuses T-Mobile of violating net neutrality with throttled video
2. T-Mobile, Sprint Tap Dance Over, Under, And Around Net Neutrality
3. One More Time With Feeling: Net Neutrality Didn’t Hurt Broadband Investment In The Slightest
4. Comcast’s $70 gigabit deal is shockingly difficult to sign up for: The Keyser Söze of Internet offers: Even some Comcast reps don’t know it exists.
5. Andrea Tantaros of Fox News Claims Retaliation for Sex Harassment Complaints
6. Another Lawsuit Against Fox News With Shocking Allegations
7. Common Sense: Secrecy of Settlements at Fox News Hid Bad Behavior
8. Report: Roger Ailes is advising Trump. Of course he is!
9. What Are Donald Trump, Roger Ailes, and Steve Bannon Really Up To?
10. Fox News host Bill O’Reilly tweets Olympic-caliber idiocy
11. Fox News breached UK’s broadcasting rules on day of Brexit vote
12. The Redstones’ war with Viacom ends: Philippe Dauman resigns, Tom Dooley elected new CEO
13. Copyright Group, In Arguing Against FCC’s Set Top Box Proposal, Appears To Argue That VCRs & DVRs Are Also Illegal
14. DirecTV Faces RICO Class Action For Bungling Business Installs, Then Demanding $15,000 For Theft Of Service
15. AT&T eliminates $20 wireless plan, cuts data in half on $30 plan
16. T-Mobile ends cheaper plans and imposes new limits on unlimited data: High-speed hotspot costs $15 more, HD video costs another $25.
17. Verizon has a plan to make the Android bloatware problem worse
18. Remember Claims That Cord Cutting Was On The Ropes? It’s Actually Worse Than Ever
19. NBC’s $12 Billion Olympics Bet Stumbles, Thanks to Millennials
20. Update: Pirate Radio 
21. Pirated Satellite TV not “Data” Within Meaning of Policy ExclusionFCC Fines Non-Telecom Companies for Lapse in Compliance with Wireless Rules
22. The Next Generation of Wireless — “5G” — Is All Hype.: 5G is just a marketing term. The connectivity we crave — cheap, fast, ubiquitous — won’t happen without more fiber in the ground. (Susan Crawford)

SURVEILLANCE & PRIVACY

1. Canadian Court Says No Expectation Of Privacy In SMS Messages Residing On Someone Else’s Phone
2. Court Says Man Can Sue Maker Of Web-Monitoring Software For Wiretap Act Violations
3. Virgin releases CCTV images of Corbyn in spat over “ram-packed” trains claim: UK’s data watchdog is “making enquiries” about Virgin’s use of its CCTV footage.
4. Virgin Berth
5. Report: WikiLeaks published rape victims’ names, credit cards, medical data: “If the family of my wife saw this… that could destroy people.”
6. Russia’s Hackathon Continues, Targeting The New York Times And Other News Agencies
7. Secret Cameras Record Baltimore’s Every Move From Above: Since January, police have been testing an aerial surveillance system adapted from the surge in Iraq. And they neglected to tell the public.
8. Persistent Surveillance Systems has been watching Baltimore for months: Police charity that normally funds sports team trophies instead helped airborne snooping.
9. You’re Being Tracked (and Tracked and Tracked) on the Web
10. The New Age of Surveillance
11. The Detectives Who Never Forget A Face: London’s new squad of “super-recognizers” could inspire a revolution in policing.
12. 98 personal data points that Facebook uses to target ads to you
13. Judge: Texted ‘death scene’ pics of man shot by NM cop didn’t violate privacy rights
14. A Playboy Playmate found this normal woman’s naked body gross. So she posted it online.
15. Intimate Technology: the Battle for Our Body and Behaviour
16. Think Tank Argues That Giving Up Privacy Is Good For The Poor
17. Did The NSA Continue To Stay Silent On Zero-Day Vulnerabilities Even After Discovering It Had Been Hacked?
18. What Exactly Are the NSA Hackers Trying to Accomplish?: This breach is very different from what we usually see.
19. How the NSA snooped on encrypted Internet traffic for a decade: Exploit against Cisco’s PIX line of firewalls remotely extracted crypto keys.
20. Pentagon Issues First Update To Domestic Surveillance Guidelines In 35 Years, Not All Of It Good
21. Canadian cops want to know your passwords: Association of Chiefs of Police calls for legal measure to unlock digital evidence, citing encryption as a way to hide illicit activities
22. Canadian Law Enforcement Admit — And Then Deny — They Own A Stingray Device
23. Enigma Software Countersued For Waging A ‘Smear Campaign’ Against Site It Claimed Defamed It
24. With Windows 10, Microsoft Blatantly Disregards User Choice and Privacy: A Deep Dive
25. Can big data and AI fix our criminal-justice crisis?: Body cameras and complex algorithms have a lot of potential — and political baggage.
26. Future of Privacy Forum Releases Best Practices for Consumer Wearables and Wellness Apps and Devices
27. Shield laws and journalist’s privilege: The basics every reporter should know
28. Friending the Privacy Regulators (William McGeveran)

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