Course Video & Notes

News of the Week; November 23, 2016


  1. Robin Antonick v. Electronic Arts, Inc. (USCA 9th Circuit, November 22, 2016)
  2. Australian Competition Commission wants to fine Valve $3m: Courts to decide how much Valve must pay over lack of refunds policy
  3. Fallout 4 mods are coming to PlayStation 4 after all: Bethesda announces detente with Sony; patch coming this week
  4. Fan-made Pokemon Uranium and AM2R cut from The Game Awards nominees
  5. Two Nintendo-themed fan games have been locked out of The Game Awards: Nominations revoked for games that were previous targets of Nintendo’s legal ire.
  6. Report: Riot Games partnering with MLBAM for $90M streaming deal
  7. Riot looks to finalize eSports streaming deal with MLB – report: Major League Baseball Advanced Media’s tech unit may buy eSports streaming rights for $200m
  8. Amazon launches eSports tournament for casual mobile games: Champions of Fire Invitational set for December 2nd
  9. How the growth of esports compares to traditional sports trends
  10. Why Every Esports Player Needs a Contract (Pete Lewin)
  11. I came in 35th in a professional (e-)race and you can, too: As e-sports at large grows, e-racing is quietly picking up speed, too.
  12. GameStop sales down as blockbuster franchises fail to deliver at retail
  13. Voice Actor Union Pickets Ratchet & Clank Dev, as Strike Continues: 400+ people picketed at Insomniac Games today.
  14. Android users spend more time playing games than iOS users, says Unity report
  15. Zelnick: Annual releases burn out franchises – Take-Two CEO says publisher doesn’t exhaust its IP the way its rivals do, aims to have at least one blockbuster launch per year
  16. How clones and copycats shaped the Brazilian games industry
  17. Blocked From Attending Last Year, Hideo Kojima to Receive Award Next Month: The Metal Gear Solid creator was reportedly prevented from attending by Konami’s lawyers.
  18. On Breitbart, Stephen Bannon, and the Question of “Does Gamergate Have Anything to Do With Trump?”
  19. Tomb Raider and the clash between story and violence in games
  20. DIGRA/FDG ’16 – Proceedings of the First International Joint Conference of Digra and Fdg: 65 Articles or Papers
  21. Electronic Arts Unveils New Policy For Marking YouTube Videos As ‘Supported’ Or ‘Advertisement’
  22. Games Industry Should Do More For Charity – Harris: Democracy 3 Developer Hoping “To Shame Some Bigger Companies” By Donating 12 Days Of Sales To War Child


  1. Montreal musician wins small claim against record labels
  2. Montreal rapper wins fight against major label over collaboration with Kendrick Lamar
  3. Twitter Defeats ISIS “Material Support” Lawsuit Again–Fields v. Twitter (Eric Goldman)
  4. Court (Again) Tosses Lawsuit Seeking To Hold Twitter Accountable For ISIS Terrorism
  5. How The 2016 Election Blew Up In Facebook’s Face: As Facebook attempted to capture the fast-moving energy of the news cycle from Twitter, and shied away from policing political content, it created a system that played to confirmation bias and set the stage for fake news.
  6. Twitter reminds everyone it won’t cooperate with government or police surveillance: Twitter doesn’t want third parties spying on its users.
  7. Twitter Says Its API Can’t Be Used For Surveillance, But What Does It Think The FBI’s Going To Do With It?
  8. Obama wades in on Facebook fake news spat, warns “democracy will break down”: Zuckerberg on the defence as finger of blame for Trump is pointed at social media.
  9. Mark Zuckerberg on Facebook’s fake news: We’re working on it – NYT opines: Zuckerberg has let “liars and con artists hijack his platform.”
  10. Automated Pro-Trump Bots Overwhelmed Pro-Clinton Messages, Researchers Say
  11. This infamous troll is almost certain his fake Facebook news helped Trump get elected
  12. Most Students Don’t Know When News Is Fake, Stanford Study Finds: Teens absorb social media news without considering the source; parents can teach research skills and skepticism
  13. How tech and media can fight fake news
  14. Yes, There’s Lots Of Fake News On Facebook, But Is It Really Changing Anyone’s Mind?
  15. It’s time to get rid of the Facebook “news feed,” because it’s not news: Fake news didn’t throw the election. It was a symptom, not a cause.
  16. China Uses US Concern Over Fake News To Push For More Control Of The Internet
  17. Beware of Data Mining
  18. Facebook, China, Fake News And The Slippery Slope Of Censorship
  19. The shift in media’s business model played a critical role in Trump’s victory
  20. Why Twitter’s Alt-Right Banning Campaign Will Become The Alt-Right’s Best Recruitment Tool
  21. Russia Orders LinkedIn’s Service To Be Blocked, Supposedly For Failing To Store Personal Data Locally
  22. Germany Wants To Hold Facebook Criminally Liable If It Doesn’t Find & Delete ‘Hate’ Speech
  23. Fixing Discrimination in Online Marketplaces
  24. Federal Judge Now Taking A Closer Look At Bogus Libel Lawsuits Filed By Unscrupulous Reputation Management Companies
  25. Woman Sues Google Because SEO Guy Wrote A Mean Blog About Her Company
  26. You Are More Likely to Survive a Plane Crash than Click a Banner Ad: You’ll probably win the lottery and have twins before you click a banner ad
  27. Warner Bros. Now Wholly Owns YouTuber Network Machinima: Studio investing heavily in YouTube.
  28. More Thoughts On Trump’s Technology And Innovation Policies — It All Goes Back To Freedom Of Speech
  29. Netflix 4K streaming comes to the PC—but it needs Kaby Lake CPU: You will also need latest version of Windows 10, Edge browser to get 4K video.
  30. Trump says he’s going to get Apple to “build a big plant” in US: “We’re going for a very large tax cut for corporations, which you’ll be happy about.”
  31. New federal guidelines seek to lock out apps on drivers’ phones: Gov’t believes better pairing and a simplified driver mode could improve safety.
  32. Therapy’s Digital Disconnect: Some digital natives struggle with a psychological culture that they say doesn’t understand the effects of life in the internet age


  1. Court Dismisses $1 Billion Copyright Claim Against Getty
  2. The CJEU decision in Soulier: what does it mean for laws other than the French one on out-of-print books?
  3. Judge Allows Bid to Free “We Shall Overcome” From Copyright
  4. Ridiculous Hot News And Copyright Battles As World Chess Seeks To Block Others From Broadcasting Moves
  5. Star Trek fan film says CBS and Paramount don’t own “the idea of Star Trek”: Axanar calls Prelude to Axanar a “mockumentary,“ offers to change film script.
  6. How Reality TV Made Donald Trump President
  7. Trump’s Constant Whining About The NY Times Isn’t Just Bad For The First Amendment
  8. Gone To Pot: The Toronto Maple Leafs And Snoop D-Oh-Double-G In Trademark Spat
  9. Japan’s Universal Entertainment loses defamation appeal against Reuters
  10. ‘Love & Hip Hop’ creators win dismissal of copyright lawsuit
  11. ASA bans Heinz Beanz’s Can Song advert for safety concerns: Watchdog rules can-drumming commercial encourages potentially dangerous behaviour in viewers copying it
  12. Plaintiffs’ Law Firm Can Reference Targeted Business’ Name In Ad Copy–McHugh Fuller v. Pruitt (Eric Goldman)
  13. Librarians, Archivists, Call On WIPO Members To Create Safe Harbour Against Copyright Liability
  14. The Year Disney Started to Take Diversity Seriously: From Moana to Queen of Katwe, the studio has become more inclusive than ever.
  15. It only took 17 years: Metallica’s full catalog is now on Napster
  16. Tidal Claims Exclusive Streaming Rights to Prince Catalogue
  17. Truthful report about injunction not misleading, even if injunction shouldn’t have been issued (Rebecca Tushnet)
  18. Incidental Intellectual Property (Brian L. Frye)
  19. Introduction: Values, Questions, and Methods in Intellectual Property (Jeremy Sheff)
  20. Richard Prince May Offer the SDNY Another Chance to Define Transformative Use of a Work
  21. Looks Are Not Everything; Professor Amy Adler’s Future of Art


  1. Goliath won: Judge sides with Bell in VMedia battle over future of TV – Ruling cites VMedia’s ‘aggressive business tactics’ in awarding $150,000 in costs
  2. VMedia loses legal battle with Bell over new TV streaming service, ordered to pay $150,000
  3. Why Navdeep Bains and Melanie Joly Are on a Collision Course on Digital Policy (Michael Geist)
  4. Why We Need the CBC as an Ad-Free Digital News Competitor (Michael Geist)
  5. Cable’s Broadband Monopoly Is Becoming Stronger Than Ever
  6. FCC Announces MOU with Canadian Counterpart to Combat Robocalls, Issues Enforcement Advisory on Automated Texts Tom Wheeler urges Trump to protect consumers, not corporations: FCC chair proud of legacy, but major initiatives could be reversed under Trump.
  7. Trump, GOP Prepare To Gut FCC Boss Tom Wheeler’s Populist Reforms…Under The False Banner Of Populist Reform
  8. Fox News Had To Explain To Trump’s Attorney Why Killing Megyn Kelly Would Be A Bad Thing, Politically
  9. Woman sexually assaulted by man claiming to be Bell employee: Incident happened Friday night in the east end, say Toronto police
  10. AT&T defends DirecTV’s data cap exemption in net neutrality case: FCC has allowed data cap exemptions to spread without issuing clear guidelines.
  11. AT&T Tells FCC That Giving Its Own Content An Unfair Market Advantage Is Good For Consumers
  12. Charter’s Mega Merger Results In Higher Prices, Slower Speeds, And Worse Customer Support Than Ever
  13. The FCC Releases Final Consumer Broadband Privacy Rules


  1. After All That, E-Voting Experts Suggest Voting Machines May Have Been Hacked For Trump
  2. Supreme Court of Canada weighs in on “implied consent” under PIPEDA (Teresa Scassa)
  3. Supreme Court Of Canada Rules With A Bout Of Common Sense In Interpreting Privacy Laws
  4. Powerful backdoor/rootkit found preinstalled on 3 million Android phones: Firmware that actively tries to hide itself allows attackers to install apps as root.
  5. Canadians want judicial oversight of any new digital snooping powers for police: Poll
  6. RCMP is overstating Canada’s ‘surveillance lag’: The RCMP lobbying efforts paint an image of crisis where none exists. Surveillance capacities of other countries are overstated, while the formidable powers already available to Canadian agencies are disregarded.
  7. Director of National Intelligence James Clapper resigns: Clapper, asked directly if NSA collected data on Americans, said it didn’t.
  8. President Obama Will Soon Turn Over the Keys to the Surveillance State to President-Elect Trump
  9. Parliament Passes Snooper’s Charter, Opens Up Citizens To Whole New Levels Of Domestic Surviellance
  10. GCHQ may be forced to respond to FoI requests after European court ruling: European Court of Human Rights’ judgment says citizens have right to obtain gov’t info.
  11. Going with the flow: The global battle for your personal data: Should governments be allowed to impose localisation requirements to protect privacy?
  12. Trump’s pick for CIA director has called for Snowden’s execution: Gen. Michael Flynn will be key adviser, Sen. Jeff Sessions for attorney general.
  13. Trump’s Picks For AG & CIA Happy To Undermine Civil Liberties, Increase Surveillance
  14. Massachusetts Police Dept. Files DMCA Takedowns On News Stories Using Mugshots Taken By Police
  15. Journalists report Google warnings about ‘government-backed attackers’
  16. Google warns journalists and professors: Your account is under attack: A flurry of social media reports suggests a major hacking campaign has been uncovered.
  17. Court Rejects Effort To De-Index Search Results–Manchanda v. Google (Eric Goldman)
  18. Facebook halts WhatsApp data sharing across Europe over privacy concerns: But Facebook disputes UK and Germany claims, insists it complies with data law.
  19. Firefox Focus: new app offers very private browsing – Mozilla is back with a second try at mobile browsing with a new browser, which hopes to be the go-to for iPhone users
  20. Companies Keep Asking Us To Track You; We’d Rather You Be Protected From Tracking
  21. Apple Uploading Call Data, Including From Third-Party Call Apps, To Users’ iCloud Accounts
  22. Why Spy on Reporters When You Can Spy on CEOs?
  23. Tor phone is antidote to Google “hostility” over Android, says developer: An Android phone hardened for privacy and security that plays Google at its own game.
  24. Obama says he can’t pardon Snowden: Snowden may be loved in Germany, but US lawmakers aren’t keen on forgiveness.
  25. Hacking into the Computer Fraud and Abuse Act: The CFAA at 30 (The George Washington Law Review)


Legal Contradictions Manifest in Video Game Worlds: Copyright through the Post-Structuralist Looking Glass

In the spring I was invited by my colleague Gaetano Dimita ( of The School of Law, Queen Mary University of London to participate in the second edition of an academic conference he organizes called “More Than Just A Game: Interactive Entertainment & Intellectual Property Law”. The conference, which took place on April 8, 2016 was a great success, and I presented on “Legal Contradictions in Video Game Worlds: Copyright through the Post-Structuralist Looking Glass.” My core message was that video game mods should be presumptively legal. I explored the reasons why and suggested some possible mechanisms to, in the words of Captain Picard, make it so.

In preparation for my London adventure I was privileged to present a draft iteration at a Faculty Seminar at the Allard School of Law, UBC on March 16, 2016. Thanks to Natasha Affolder and Janine Benedet for the invitation, and Joe Weiler for moderating. Thanks as well as to everyone who came, asked questions and helped me “sharpen the saw” through their questions.

There was no video of the QMUL conference while the Allard Faculty Seminar was recorded and edited thanks to Dan Silverman. As a result, below you will find the slides from the final presentation in London, video from Vancouver, and some bonus memorabilia from both.






Class 11 – 12/2/15; “Controlling the Controllers: Privacy, Cultural Perspectives & Post-Structuralism” & Mark Devereux

Video & slides follow.

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Class 10 – 11/25/15; “Mass Effects” & Andy Moore

Video and slides follow.

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Class 9 – 11/18/15; “Controlling Originality” & Jennifer Kelly

Video and slides below.

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UNESCO Convention Roundtable Video & Slides

For the sake of completeness here is video of my short presentation on “Relevance for Creative Digitization & the Internet” at the “Roundtable on the Diversity of Cultural Expressions – Impacts and Implications of the UNESCO Convention Ten Years After and Ten Years Ahead: The View From BC” as well as the related slides, the explanatory poster for the event and  . Although the conference took place at Simon Fraser University on February 25, 2015, the video has only been posted much more recently.

Of relevance to themes of the course are the tensions existing between cultural protections and the digital age.

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Pitblado Lectures Talk

On Friday November 6, 2015 I was honoured to be invited to be on a panel and give a talk at the Pitblado Lectures  in Winnipeg, Manitoba. This 55th edition of the Pitblado Lectures was put on by the Law Society of Manitoba, The Manitoba Bar Association, and The University of Manitoba Faculty of Law ( This years theme was “From Blackacre to Blackberry: Redefining Property and Ownership”.

Attached are a set of post-final slides from my presentation as well as a short written piece. Thanks to Professors Doug Harris and Graham Reynolds of the Allard School of Law @UBC  and Professor Katie Sykes of the TRU Faculty of Law for their comments on a draft of the latter.

Both the slides and the short writing take on the utility of defining virtual goods as property, particularly in a “Post I.P.” world effectively ruled by contracts. The slides also go on to explore the contradictions between patent law and copyright law which seem to favour innovators over creators for (IMHO) no particular or particularly good reason. Much of what you will see is consistent with things we have talked about in class but their recasting may prove useful to you in some way.

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Class 8 – 11/4/15: “From Wheelbarrows to Holodecks” & Steve Rechtshaffner

Video and slides.

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Class 7 – 10/28/15: “What’s it all about…EULA?” & Jim Alam/Rob Edgar

Video and slides follow…
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Freedom of Expression – PowerPoint Presentation

GCI – Midterm presentation