News of the Week

News of the Week; May 17, 2017

GAMES

  1. Judge Explores Boundaries of Authorship With Nods to ‘Star Wars,’ Spike Lee and ‘Love Actually’: Modded video games get likened to movies in a tour de force of legal writing.
  2. Blizzard Entertainment, Inc., and Valve Corporation v. Lilith Games (Shanghai) Co. Ltd. And uCool, Inc. (U.S. Dist. Ct., Northern District of California)
  3. ZeniMax extends legal pursuit to Samsung Gear VR: Former id Software employees John Carmack and Matt Hooper involved in fresh VR lawsuit
  4. ZeniMax sues Samsung over Gear VR tech: Suit says Oculus’ Mobile SDK used stolen trade secrets, copyrighted code.
  5. With a legal win against Oculus, ZeniMax turns to a new target: Samsung’s Gear VR
  6. ZeniMax sues Samsung over Oculus-derived Gear VR headset: The lawsuit claims the Gear headset infringes its property rights in the same way as the Oculus Rift.
  7. Ruslan Sokolovsky Gets 3 And A Half Years Suspended Sentence And A Conviction For Playing Pokemon In A Church
  8. Scientists Still Studying Pokémon Go, Months After We All Moved On: The craze around the augmented reality game offers plenty to study, even if it takes a while
  9. In the name of the algorithm, Valve nerfs Steam Trading Cards
  10. Steam tries to shut down “fake” games that abuse Trading Card system: Algorithms will detect content-free titles that use bots to resell cards.
  11. Alan Wake will be removed from digital stores after this weekend: Expiring music licenses means modern classic can no longer be sold for download.
  12. Alan Wake to be removed from sale over music licenses: Renewal is not “in Remedy’s hands” due to Microsoft publishing deal, so the revered game will be pulled from PC and Xbox today
  13. Makers Of Payday 2 Donating DLC Profits To Help 2 YouTubers Fight Copyright Lawsuit
  14. Nier Automata Modder Includes Piracy Checks In Mod, Causing An Uproar, But Should It?
  15. Pirates upset that popular graphics mod won’t work for them: User-made graphical fix for Nier Automata comes with Steam API check
  16. Bethesda’s Pete Hines Shrugs His Shoulders About Trademark Dispute With No Matter Studios
  17. Is Bethesda’s reviews policy really harming game sales?: We look at the data around Doom, Skyrim Special Edition, Dishonored 2 and Prey
  18. Minecraft dev sacrifices Nirvana in-joke to save players’ parrots
  19. After uproar, Minecraft maker to stop feeding cookies to in-game parrots: Mojang accepts concerns that children might imitate the game’s dangerous avian diet.
  20. UploadVR sued over sexual harassment allegations: Former social media director claims “unbearable” atmosphere for female employees, accuses rising VR company of wrongful dismissal
  21. “No region or city is free of the games industry’s gender disparity”: Gram Games calls on companies around the world to push for better diversity, just as it’s doing with The 22% Project
  22. Why Bungie overstaffed on Halo: to train its devs for Destiny: “We needed to bring extra people on to Halo to train them up, ready [them] for Destiny.”
  23. Glu’s losses widen in Q1 despite revenue gains: Mobile publisher lost $22.8m on $56.8m revenue, but Crowdstar acquisition boosted year-on-year bookings
  24. Square Enix posts ‘record-high’ sales and profits as key franchises deliver
  25. Square Enix puts Hitman dev IO Interactive up for sale
  26. Square Enix drops IO Interactive: “There can be no guarantees,” publisher warns as it hunts for a buyer for Hitman developer
  27. Switch Was Best-Selling Console In The Us In April, Mario Kart 8 Deluxe No. 1 Game
  28. Switch best-selling console in US for second month: Nintendo says it sold more than 280,000 systems last month and 550,000 copies of Mario Kart 8 Deluxe
  29. Two Months In, I’ve Barely Taken My Nintendo Switch Off The Dock
  30. Report: Andromeda’s poor reception sees Mass Effect put on hold – Bioware Montreal staff and resources focused elsewhere for now
  31. Civilization V designer Jon Shafer joins Paradox – under a cloud: Shafer will be game director on new Paradox projects, but his Kickstarted empire builder At The Gates is still years behind schedule
  32. Reported $20m franchise fee is putting esports teams off Overwatch: High costs and scarce events cited as major orgs bide time on OWL
  33. MotoGP owner aims to create “the most important racing esport championship”: Dorna Sports, Milestone and Sony unite for ambitious esports project
  34. Adelaide Crows First Australian Mainstream Pro Sports Organization To Acquire Esports Team
  35. Square Enix posts “record-high” revenue and profits: Full-year results boosted by Final Fantasy XV, weather the storm of IO Interactive withdrawal
  36. “There’s a change in the way games are exploited in the market”: Ubisoft execs explain why they cut unit sales projections by 30% while total revenues are virtually unscathed
  37. Ubisoft’s operating income grows 40% as digital takes 50% of sales: Ghost Recon Wildlands and For Honor were strong performers for the publisher; Assassin’s Creed and Far Cry confirmed for current fiscal year
  38. Google announces support for standalone Daydream VR headsets
  39. Google announces untethered, fully tracked, standalone VR headsets – Also: New “visual position system” is an AR Google Maps for indoors.
  40. PSVR: Losing Steam, or Gaining Traction? – If Sony really has lost interest in PSVR, it’s a major strategic blunder from a company about to face tough competition for the first time this generation
  41. Microsoft intros AR/VR motion controllers: Windows 10 inputs will launch this holiday bundled with an Acer headset for $399
  42. Oculus promises developers better communication
  43. Inside a Chinese Internet Cafe Where Gamers While Away Their Days
  44. Price, scarcity concerns drive a growing bootleg Amiibo scene
  45. Yes, Videogames Are Serious Art. This Guy’s Career Proves It
  46. Derivière: “Games music needs to emancipate itself from Hollywood”
  47. Sega plans to revive ‘major’ franchises by 2020
  48. Sega strategy calls for revival of dormant franchises: Sonic publisher looking to boost game sales 50% in next three years partly by bringing back “major IPs”
  49. Tom Brady Is On Madden 18’s Cover And Life Is Hell
  50. Video games are creating smarter animals: Our relationships to animals in games have evolved, and they just might change the way we treat them in the real world
  51. Playground spent 18 months developing the first 10 minutes of Forza Horizon 3: “First impressions change how players perceive a game,” says creative director Ralph Fulton
  52. The Witcher coming to Netflix as a TV series: Live-action drama is a new direction for video game adaptations.
  53. Characters and Worldbuilding: Analyzing the Strength of Japanese Games
  54. Twitch Unity day aims to promote diversity, inclusivity: Streaming platform also selling t-shirt to raise money for Amnesty International
  55. Sellers of circumvention devices beware!
  56. UKIE lays out new policy manifesto: With an election on the way, UK trade group tells government what the industry needs to succeed in a post-Brexit world

DIGITAL

  1. WannaCry Ransomware That’s Hitting World Right Now Uses NSA Windows Exploit
  2. An NSA-derived ransomware worm is shutting down computers worldwide: Wcry uses weapons-grade exploit published by the NSA-leaking Shadow Brokers.
  3. Leaked NSA Hacking Tool On Global Ransomware Rampage
  4. Massive ransomware attack hits UK hospitals, Spanish banks: Ransomware attack appears to be targeting institutions in several European countries.
  5. Massive cryptocurrency botnet used leaked NSA exploits weeks before WCry: Campaign that flew under the radar used hacked computers to mine Monero currency.
  6. Fearing Shadow Brokers leak, NSA reported critical flaw to Microsoft: WaPo confirms long-held suspicions as NSA cyberweapons crisis threatens to grow worse.
  7. Two days after WCry worm, Microsoft decries exploit stockpiling by governments: Company president specifically notes role of NSA code used by Ransomware worm.
  8. Microsoft Is P___ED OFF At The NSA Over WannaCry Attack
  9. Microsoft Says The NSA Shares Blame For Ransomware Attacks: The WannaCry authors used a stolen NSA vulnerability to hurt Windows users — should the NSA take responsibility?
  10. The Ransomware Meltdown Experts Warned About Is Here
  11. Today’s Massive Ransomware Attack Was Mostly Preventable—Here’s How To Avoid It
  12. Global Ransomware Attack ‘Accidentally’ Halted But It’s Probably Not Over
  13. ‘Accidental hero’ halts ransomware attack and warns: this is not over – Expert who stopped spread of attack by activating software’s ‘kill switch’ says criminals will ‘change the code and start again’
  14. Hackers Behind Massive Ransomware Attack Have Made an Embarrassingly Small Amount of Money
  15. WCry is so mean Microsoft issues patch for 3 unsupported Windows versions: Decommissioned for years, Windows XP, 8, and Server 2003 get emergency update.
  16. FBI Gives Hollywood Hacking Victims Surprising Advice: “Pay the Ransom” – Netflix isn’t alone – Agencies and others are balancing demands for money against the fears of stolen data ending up online.
  17. New Netflix DRM Blocks Rooted Phone Owners From Downloading The Netflix App
  18. Two days after WCry worm, Microsoft decries exploit stockpiling by governments: Company president specifically notes role of NSA code used by Ransomware worm.
  19. The WannaCry Ransomware Hackers Made Some Real Amateur Mistakes
  20. Microsoft Says The NSA Shares Blame For Ransomware Attacks: The WannaCry authors used a stolen NSA vulnerability to hurt Windows users — should the NSA take responsibility?
  21. The WannaCry Ransomware Has a Link to Suspected North Korean Hackers
  22. What the Rise of Russian Hackers Means for Your Business
  23. Thailand Demands More Proxy Censorship From Facebook
  24. Well, Duh: Facebook’s System To Stop ‘Fake News’ Isn’t Working — Because Facebook Isn’t The Problem
  25. Abortion Pill Organization Temporarily Booted Off Facebook
  26. Austrian Court’s ‘Hate Speech’ Ruling Says Facebook Must Remove Perfectly Legal Posts All Over The World
  27. US Court Upholds Enforceability Of GNU GPL As Both A License And A Contract
  28. “Genericide” legal assault to nullify the Google trademark fails: Google doesn’t lose trademark even if it is a generic term for searching the Web.
  29. Google Gets Big Ninth Circuit Win That Its Eponymous Trademark Isn’t Generic–Elliott v. Google (Eric Goldman)
  30. A focus on digital habits could help news publishers fight Facebook
  31. Facebook’s plan to disrupt TV advertising may have hit a wall
  32. Bleacher Report CEO Dave Finocchio Doesn’t Buy That Facebook Isn’t Avid About Securing Sports Rights
  33. Texas Court Orders Sports Streaming Sites To Be Blocked In Anticipation Of Piracy
  34. Facebook Warrant Case: Stark Debate and a Divided Court
  35. The MP3 Is About As ‘Dead’ As Pepe The Frog
  36. Recording Industry Claims Imaginary Value Gap As A Bigger Threat Than Piracy (EFF)
  37. SoundExchange Acquires CMRRA
  38. The Real Threat to Our Government Is Tech Illiteracy
  39. Cambridge Analytica Explained: Data and Elections
  40. Media Manipulation and Disinformation Online
  41. The Apophenic Machine: The conspiratorial mode and the internet’s data hoard were made for each other (Molly Sauter)
  42. Maybe the Internet Isn’t Tearing Us Apart After All
  43. Can These Apps Really Help You Escape Your Filter Bubble?: New tech products offer some tiny first steps toward shaking up our social networks
  44. We Recorded VCs’ Conversations and Analyzed How Differently They Talk About Female Entrepreneurs
  45. Cloudflare, sued by its first “patent troll,” hits back hard: Blackbird Technologies, owned by its own lawyers, has filed over 100 lawsuits.
  46. Patent Trolling Lawyers May Have Picked With The Wrong Company To Shake Down: Cloudflare Hits Back
  47. Dear Google, You Could Start Fixing Content ID By Taking Down Dozens Of YouTube Videos On How To Defeat It
  48. YouTube still has full albums on its platform, and that’s a problem
  49. When a Picture is Worth… Thousands of Dollars: Ontario Court decides Ground-breaking Online Copyright Case
  50. The Kardashians Can’t Keep up with Copyright Law 
  51. Now Canceled Crowdfunding Project Sent DMCA Notice Following Skeptical Review
  52. Story About Ex-Sony Pictures Boss Magically Disappears From Gawker; His Lawyer Tells Reporters Not To Talk About It
  53. Class action against computer manufacturer proceeds
  54. MySpace Tries To Play Dead To Avoid Lawsuits
  55. Trademarks in a “Social” World: A Canadian Perspective
  56. Snap Blows First Earnings—But That’s Not the Whole Story
  57. Magic Leap settles discrimination lawsuit with former exec
  58. Magic Leap settles sexual discrimination case: Terms of the out of court settlement with Tannen Campbell were not disclosed
  59. Magic Leap, and the Troubles In Sexism Valley
  60. Clashing With Second Circuit, Court Orders Google to Turn Over Foreign-Stored Data
  61. Internet providers ordered to block streaming of Premier League
  62. Google’s Fight Against Uber Takes a Turn for the Criminal
  63. Judge refers Waymo v. Uber lawsuit to criminal investigators: Also, Uber’s bid to move the case into arbitration fails.
  64. Judge’s order bars Uber engineer from Lidar work, demands return of stolen files: “Misuse of that treasure trove remains an ever-present danger wholly at his whim.”
  65. Waymo and Lyft team up against Uber: In the self-driving world, the enemy of my enemy is my friend.
  66. Uber not just a dumb app, must comply with EU transport rules—top law adviser: Taxi-hailing app faces a tough ride from regulators in Europe.
  67. Lawsuit: VR Company Had a ‘Kink Room,’ Pressured Female Employees to ‘Microdose’
  68. Judge Alsup Threatens To Block Malibu Media From Any More Copyright Trolling In Northern California
  69. A new tool to further deter smartphone theft: “Think of it as Carfax for phones.”
  70. Spotify and – no joke – iTunes are coming to the Windows Store: Apple’s music app is a major get for Microsoft and Windows 10 S.
  71. One More Thing: Inside Apple’s Insanely Great (Or Just Insane) New Mothership
  72. 15-second ads coming to Amazon’s Alexa: Ads at the start and end of Alexa conversations, thanks to third-party company.
  73. Twitter, NFL Announce New Multi-Year Partnership To Include Live Pre-Game Coverage
  74. Lululemon Turns To Vice Media For Big Ad Push
  75. Vice Media Said to Be Raising More Cash as Prelude to Possible IPO
  76. How Amazon Go (probably) makes “just walk out” groceries a reality: Amazon’s new age grocery likely wasn’t possible even five years ago.
  77. Can Ticketmaster’s Anti-Bot Assault Fix Its Most Infuriating Problem?: “Verified Fan” fights scalper bots to make those Harry Styles tickets easier to snag—but there’s still room for improvement.
  78. Google Rattles the Tech World With a New AI Chip for All
  79. The Surprising Repercussions of Making AI Assistants Sound Human
  80. AI, Deep Learning, and Machine Learning: A Primer
  81. Autonomous Systems — Is it time for empirical research?
  82. Scientists 3-D Print Mouse Ovaries That Actually Make Babies
  83. Fashion visionaries are using 3D printing to create mind-bending textiles that are nearly impossible to wear.
  84. Archive digitization: a coordinated effort by CBC/Radio-Canada to preserve and showcase our heritage
  85. Startup culture’s obsession with “side hustle” gets more unsettling the closer you look
  86. Google’s AI Invents Sounds Humans Have Never Heard Before
  87. Website Blocking, Injunctions and Beyond: View on the Harmonization from the Netherlands (Martin Husovec & Lisa Van Dongen)
  88. Digital copies, exhaustion, and blockchains: lack of legal clarity to be offset by technological advancement and evolving consumption patterns? (Eleonora Rosati)
  89. How 4 Agencies Are Using Artificial Intelligence as Part of the Creative Process: Can algorithms replace humans?
  90. Sorry, Westworld: We Should Be Able to Torture Robots
  91. Cristiano Ronaldo Goes Shirtless On Instagram Live To Celebrate Hitting 100 Million Followers
  92. French Theater Owners Freak Out; Get Netflix Booted From Cannes Film Festival

CREATIVITY

  1. Conan O’Brien Will Go to Court Over Joke Theft Allegations: A lawsuit claims that the late night host stole five monologue jokes from a comedy writer’s blog.
  2. Conan O’Brien Headed to Trial Over Claims of Stealing Jokes: Alex Kaseberg overcomes a summary judgment motion and moves forward on jokes about Caitlyn Jenner, Tom Brady and the Washington Monument.
  3. Here we laugh again! The eternal controversy over parody scope in Copyright law
  4. Latest Attack On A Free Press: Reporter Arrested For Asking Questions To Trump Administration Officials
  5. Does the Media Have a Right to Private Communications?
  6. Cartoonist who claimed to be Kung Fu Panda creator jailed for two years: Jayme Gordon also ordered to repay $3m in legal fees to DreamWorks Animation after filing spurious copyright lawsuit in 2011
  7. Court Finds Infringement of THE KRUSTY KRAB Mark
  8. Paul Levy Hoping To Wake Up Maryland Courts To The Numerous Fraudulent Libel Lawsuits Filed There
  9. Mathew v. The Walt Disney Co.
  10. ITN Flix, LLC v. Univision Television Group, Inc.
  11. Higher Costs Awards for the Winning Party in Federal Court IP Cases
  12. How Pixar Lost Its Way: For 15 years, the animation studio was the best on the planet. Then Disney bought it.
  13. A Candid Conversation About Rap Culture’s Pervasive Disrespect Against Black Women: How do you cope when your social feed reflects how much the world devalues you?
  14. Marvel’s Cancelling Black Panther & The Crew, One of Its Most Important Comics Right Now
  15. Why Drag Is the Ultimate Retort to Trump: RuPaul versus the White House
  16. Kentucky court rejects government attempt to punish printer for refusing to print ‘Lexington [Gay] Pride Festival’ T-shirt
  17. KitKat loses bid to copyright four-finger chocolate bars
  18. Why Photos of President Trump Are So Aggressively Boring
  19. How Amanda Palmer Gave The Music Industry The Finger With Crowdfunding
  20. As Cannes turns 70, must cinema adapt to survive in new digital era?: Festival bosses are welcoming TV shows but have banned Netflix films from the Palme d’Or
  21. Are Your Nails Gucci? Why the Breakout Trend of the Moment Is a Logo Manicure
  22. Revising Non-compete Law to Eliminate Unfair Competition
  23. How Noncompete Clauses Keep Workers Locked In
  24. New Copyright Law declared constitutional (Brazil)
  25. Legal Guide to Music Licensing Contracts
  26. Osgoode Hall Law School appoints two Journalists in Residence

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. Internet, TV providers focus on new video packages as 1 million Canadians watch unlicensed content on Android boxes
  2. FCC Temporarily Stops Taking Net Neutrality Comments So FCC Can ‘Reflect’
  3. The FCC Spent Last Week Trying To Make Net Neutrality Supporters Seem Unreasonable, Racist & Unhinged
  4. Flooded with thoughtful net neutrality comments, FCC highlights “mean tweets”: Facing extensive net neutrality support, FCC is ready to gut open Internet rules.
  5. Ajit Pai accidentally supports utility rules and open-access networks: Pai praises Clinton, whose FCC enforced open networks and boosted competition.
  6. Title II hasn’t hurt network investment, according to the ISPs themselves: ISPs continue to invest and tell investors that net neutrality hasn’t hurt them.
  7. Cable lobby conducts survey, finds that Americans want net neutrality
  8. Cable Industry’s Own Survey Shows Majority Support Net Neutrality Rules
  9. It’s Time For The FCC To Actually Listen: The Vast Majority Of FCC Commenters Support Net Neutrality
  10. Cisco And Oracle Applaud The Looming Death Of Net Neutrality
  11. Sprint sues government over elimination of broadband price caps: Business Internet price caps were removed by FCC despite lack of competition.
  12. Verizon outbids AT&T for nationwide “5G” spectrum: Verizon to buy Straight Path and its millimeter-wave spectrum for $3.1 billion.
  13. PSA Leads to Threatened Criminal Investigation for Arizona Radio Station
  14. The Widening Blast Radius of the Fox News Scandal: The metastasizing Ailes affair is spilling over into the politics of New York, Virginia and the White House.
  15. Canada’s Anti-Spam Legislation (CASL): A Statistical Analysis from the Canadian Radio-television and Telecommunications Commission (CRTC) 

SURVEILLANCE & PRIVACY

  1. Latest FISA Court Order Details Why NSA Didn’t Get Any 702 Requests Approved Last Year
  2. NSA Boss: Section 702 Should Be Renewed Because It Helped Prove Russia Hacked Election
  3. Police Body Camera Giant Made Lawyers Sign Away Client Footage: Fearing for their clients, defense attorneys are refusing to hit ‘agree’ to access the company’s cloud-based body cam footage
  4. America Reloaded: The Bizarre Story Behind the FBI’s Fake Documentary About the Bundy Family
  5. Hollywood Helps China Set Up National Surveillance And Censorship System To Tackle Copyright Infringement
  6. Google collected NHS records of 1.6M patients on “inappropriate legal basis”: “We haven’t shared patient data with other Google products, services,” says DeepMind boss.
  7. Google Lens knows more about what’s in your photos than you do: What flower are you snapping a photo of? Google can tell you that.
  8. Here’s How Facebook Knows Who You Meet In Real Life: It may seem like Mark Zuckerburg is personally tracking your every move — but there’s another explanation for those creepy friend requests you’re getting
  9. Revisiting the Discoverability of Facebook Account Activity–Gordon v. TGR (Eric Goldman)
  10. HP laptops covertly log user keystrokes, researchers warn
  11. Cockpit access codes for United Airlines spill online: “The safety of our customers and crew is our top priority,” United says.
  12. Amazon’s Alexa Is Getting Smarter, But Potentially More Intrusive: Users will be able to opt-in to weather and news notifications with the A.I. home assistant
  13. EU regulators welcome stricter rules on cookies and direct marketing: The European Commission has published a draft Regulation regarding cookies and electronic direct marketing. EU regulators have publicly welcomed the proposal, which has potentially significant consequences for all businesses that engage in online commerce or electronic direct marketing.

Jon

News of the Week; May 10, 2017

GAMES

  1. Russian Who Played Pokemon Go in Church Is Convicted of Inciting Hatred
  2. Diego Maradona settles with Konami over likeness dispute: As part of the settlement, the legendary player will sign a deal this month to promote Pro Evolution Soccer
  3. Bethesda Trademark Bullying Results In Indie Game Adding A Whole Letter To Its Name, But Not Its Logo
  4. ZeniMax trademark forces indie to rename Prey for the Gods: “We could’ve fought this but we didn’t want to spend our precious Kickstarter funds”
  5. Oculus Story Studio is getting shut down
  6. Why the Closure of Oculus Story Studio is Good News for VR Filmmakers
  7. ‘Antisocial VR’ and the power of isolation: How Recluse Industries is embracing the power of minimalism to offer a refuge for the solitary gamer
  8. Half Of NBA Teams Jump Into The NBA’s New eSports NBA2K League, FIFA League To Start Soon
  9. 17 NBA Teams Buy In For Startup NBA 2K Esports League
  10. Here Are The 17 Teams Participating In NBA 2K Esports League’s Inaugural Season
  11. Blizzard’s new MLG eSports division to focus on Overwatch: Major League Gaming now fully integrated into Blizzard, will also handle Call of Duty World League
  12. eSports broadcasting – a difficult balance to strike
  13. With streaming sites like YouTube and Twitch now serving as popular hubs for professional gamers, both game developers and the platforms themselves are struggling to forge new rules
  14. ‘Skin economy is a good thing,’ says Playerunknown’s Battlegrounds creator
  15. Activision Blizzard sees record Q1 earnings — 80% of which came from digital sales
  16. Nintendo Switch boosts Nvidia revenues by up to $192m: Graphics hardware firm reports Q1 revenues of $1.94bn, aided by new console’s use of Tegra processor
  17. Minecraft on Nintendo Switch does the trick, hides most of its compromises: Visual and rendering compromises are totally fine, but do you have enough controllers?
  18. EA goes from cautious to “bullish” on Nintendo Switch support: Mega-publisher is “looking at other titles” to bring to hot-selling hardware.
  19. EA Responds To Mass Effect: Andromeda’s Mixed Reaction, Talks BioWare New IP Delay: CEO Andrew Wilson says Mass Effect still has a bright future.
  20. Zynga CEO: “We’ll be profitable in the very near future”
  21. NaturalMotion founder Torsten Reil leaves Zynga
  22. Chinese games market to hit $35bn by 2021 – Niko Partners: Mobile revenue to account for 58% of the market
  23. EA expects console game sales to be 40% digital this year: And that the install base of PS4/Xbox One will hit 105m
  24. YouTubers struggling to make money from Call of Duty: WWII – Depictions of real-war are seeing videos demonetised
  25. TIGA aiming to increase employment in UK games industry by 40 percent
  26. Things to Learn from 2016 Global Mobile Market and Actions to Take in 2017
  27. The Extremes of Mental Presence: Cognitive Enhancement, Biohacking, Psychedelics, & Transhumanism
  28. Top 5 VR Racing Sims for Oculus Rift and HTC Vive
  29. Gear VR far and away the leader with almost 7m expected to be sold in 2017: SuperData’s latest figures show 782,000 units sold in Q1; HTC Vive continues to outpace Oculus Rift despite price cut
  30. Microsoft Technical Evangelist on Presence in VR Game Design
  31. This Pulsating ‘Haptic Skin’ is Somewhat Creepy, Mostly Awesome
  32. Fan buys box of Blizzard stuff on eBay, finds StarCraft source code
  33. Four games, including Pokemon and Halo, join World Video Game Hall of Fame
  34. How Moral Panics Can Turn Into Therapeutic Tools: The Dungeons And Dragons Edition
  35. Arcade group promises ticket and claw games will no longer be “rigged”: “Fair Play Pledge” says all redemption games can be “won by the application of skill.”
  36. Rapidly Deflating Pikachu Rushed To Safety By Small Horde Of Suited Men
  37. Vice Will Bring More Of Its Brands To Twitch After Successful Gaming Stream
  38. Execution Labs wraps up with fund “fully deployed”: Indie incubator has a portfolio of 19 active studios; Jason Della Rocca, Keith Katz and support team are all moving on

DIGITAL

  1. Trump administration to Supreme Court: Don’t hear EFF “Dancing Baby” case: Copyright fight over 29 seconds of a toddler dancing to Prince is now a decade old.
  2. The Trump Admin’s Advice to Supreme Court in Copyright Case Is a True Mind-Bender
  3. Hackers Hit Macron With Huge Email Leak Ahead of French Election
  4. Evidence suggests Russia behind hack of French president-elect: Russian security firms’ metadata found in files, according to WikiLeaks and others.
  5. Dear France: You Just Got Hacked. Don’t Make The Same Mistakes We Did. – A brief guide to the information wars. (Zeynep Tufekci)
  6. Here’s How Far-Right Trolls Are Spreading Hoaxes About French Presidential Candidate Emmanuel Macron
  7. Why the Macron Hacking Attack Landed With a Thud in France
  8. Macron campaign team used honeypot accounts to fake out Fancy Bear: Digital team filled fake accounts with garbage data to slow information operation.
  9. A Last Minute Influence Op by Data DDoS: Where there’s smoke, there’s a smoke machine!
  10. As France becomes latest target, are election hacks the new normal?: After the hacking of the Democratic party in the US, governments have been braced for similar attacks. The onslaught has arrived
  11. The great British Brexit robbery: how our democracy was hijacked – A shadowy global operation involving big data, billionaire friends of Trump and the disparate forces of the Leave campaign influenced the result of the EU referendum. As Britain heads to the polls again, is our electoral process still fit for purpose?
  12. We are not done with state-sponsored hacking. Far from it.
  13. Russians Say They’re Sick Of Hacking Accusations
  14. China’s New Online Encyclopedia Aims To Surpass Wikipedia, And To ‘Guide And Lead’ The Public
  15. UK Parliament Takes First Step Towards Making Google & Facebook Censor Everything
  16. Dear Europe: Please Don’t Kill Free Speech In The Name Of ‘Privacy Protection’
  17. Cisco kills leaked CIA 0-day that let attackers commandeer 318 switch models: Fix neutralizes attack code that was put into the wild in early March.
  18. Trump’s Campaign Can’t Just Erase History on the Internet
  19. Activists Are Pushing Back Against Tech Platforms That Quietly Empower Hate Groups
  20. No More Trolls: Austria Rules Facebook Must Remove Hate Speech: An Austrian court case aimed at making Facebook responsible for policing vitriolic posts could have an international ripple effect.
  21. Will Facebook actually hire 3,000 content moderators, or will they outsource?: The company refuses to comment on where those 3,000 workers will be employed.
  22. Facebook Sees Video Views Rise By 32% In Q1 2017, Doubles Down On Long-Form Content
  23. Facebook’s Mark Zuckerberg: Paying For Live Sports Video Content Isn’t A ‘Long-Term Goal’
  24. How Sheryl Sandberg’s Sharing Manifesto Drives Facebook: The COO inspires her fans, and her employees, to talk about sadness, even tragedy, at work. That can be healing—and very good for business.
  25. Don’t Let Facebook Make You Miserable
  26. On Facebook: Why won’t the company let us truly filter our feeds?
  27. Facebook Tweaks News Feed to Crack Down on ‘Low Quality’ Sites
  28. Facebook takes to newspapers to teach UK users how to spot “fake news”: Social network claims to have killed “tens of thousands of fake UK accounts.”
  29. Ridiculous Lawsuit Looks To Hold Social Media Companies Responsible For The San Bernandino Shooting
  30. Norwich orders: who pays under the notice and notice regime? Voltage v Doe
  31. Microsoft’s bid to bring AI to every developer is starting to make sense: The APIs are getting good enough to be built into production systems.
  32. The Commodification of People
  33. Kodi: Open source TV app inspires full-blown copyright panic in the UK – Descended from Xbox Media Center software, it’s a crime wave to copyright cops.
  34. AG Szpunar says that Uber is a transport activity, not an information society service
  35. Warner Music Inks New Deal With YouTube, But Does Not Cease Its Complaints
  36. The Premier League Kindly Requests Google De-List All Of Facebook Over Copyright Infringement Claims
  37. Creator of infamous Playpen website sentenced to 30 years in prison
  38. Kardashian lumped with lawsuit over Instagram snap
  39. Third verse same as the first – Will Richard Prince’s transformation defense work yet again?
  40. 5th Circuit: ISP Not Liable for Infringement Due to Lack of Volitional Conduct, Despite Ineligibility for DMCA Safe Harbor
  41. Megaupload users still can’t get data back: The answer for users waiting five years for their seized data? Keep waiting.
  42. YouTube taps creators, celebrities for new original shows on ad-supported site: Fitness with Kevin Hart, behind-the-scenes with Ellen, and more.
  43. Lyor Cohen, YouTube’s music ambassador, makes his case to the big music labels: Warner Music Group signed a deal with YouTube and then complained about it. Here’s the video site’s response
  44. Maker Studios wrapped up in new, more ‘curated’ Disney YouTube network
  45. Disney rebrands all Youtube content under Disney Digital Network: Maker Studios output subsumed into new ‘Polaris’ channel
  46. Time Inc. To Launch ‘Sports Illustrated’ SVOD Service, Slew Of Social Video Brands
  47. What’s Wrong With Twitter’s Live-Video Strategy
  48. Anti-Authoritarian Book Club: Twitter And Tear Gas (James Grimmelmann)
  49. Report: Uber faces federal criminal probe over regulator-evading software
  50. Imagination Technologies can’t resolve Apple IP spat, opens formal dispute: Starting in 2019, Apple will no longer use firm’s designs.
  51. Tim Cook announces $1 billion investment in “advanced” US manufacturing: Apple also created a page highlighting the jobs it already supports in the US.
  52. When Internet Memes Infiltrate the Physical World: Deplorable frogs and “nasty women” aren’t just online for comic relief. They’re central to how people engage with political issues.
  53. What You Need to Know About Emoji Law (Yes, That’s a Thing)
  54. Surveying the Law of Emojis (Eric Goldman)
  55. Copyright Considerations for using Emoji in Commercial Ads
  56. Data is giving rise to a new economy
  57. Why Do Gas Station Prices Constantly Change? Blame the Algorithm: Retailers are using artificial-intelligence software to set optimal prices, testing textbook theories of competition; antitrust officials worry such systems raise prices for consumers
  58. SpaceX Just Laid out a Plan to Give Everyone Internet Access
  59. US Legislators Form VR-centric “Reality Caucus” to Guide Immersive Technology Policy
  60. Verizon Is Paying the NFL $21 Million for Exclusive Streaming Rights to One Football Game
  61. Premier League scores a big win against illegal streaming
  62. Snapchat lines up media companies to produce original shows for Snap TV: Could your next favorite show be a Snapchat exclusive?
  63. Amazon Alexa Will Now Wait On Seattle Mariners Fans In Private Suites At Safeco Field
  64. Alexa, is Amazon poised to control the connected ecosystem of the future?
  65. Social media and personal injury lawsuits
  66. Libel in the age of the Internet: click with caution
  67. Building a Better Loom: How technology might serve, rather than hinder, democracy
  68. How Vladimir Putin mastered the art of ‘online Judo’ – and why the west should be worried: Russia is using the internet’s idealistic freedom as a hybrid-warfare weapon against the west
  69. The inventor of the web Tim Berners-Lee on the future of the internet, ‘fake news,’ and why net neutrality is so important
  70. Google and Facebook aren’t fighting fake news with the right weapons
  71. Facing digital reality: Regulation, product complexity, and insurers’ large balance sheets have kept digital attackers from insurers’ gates. That is changing, but in ways incumbents should embrace. They can flourish in the digital age—if they move swiftly and decisively.
  72. The meaning of life in a world without work
  73. As technology renders jobs obsolete, what will keep us busy? Sapiens author Yuval Noah Harari examines ‘the useless class’ and a new quest for purpose
  74. University Of Alberta Develops Smallest-Ever Edmonton Oilers Logo Via Nanotechnology

CREATIVITY

  1. Spanish Citizen Sentenced To Jail For Creating ‘Unhealthy Humoristic Environment’
  2. Police Union Sues Toy Gun Maker For Not Doing Enough To Keep Cleveland Cops From Killing 12-Year-Old Boys
  3. Rome Court of Appeal confirms that mere indication of a work’s title is enough to trigger hosting provider’s liability
  4. CJEU to rule on enforceability of German press publishers’ right
  5. Molteni and Cassina duke it out over Gio Ponti chair design
  6. “Turn Down for What” Becomes Latest Target for “Blurred Lines” Lawyer
  7. US Entertainment Firm Milks Croatian Concert Promoter With Trademark Rights It May Never Have Owned
  8. Sad Raiders Fans Fail To Keep Team In Oakland By Squatting On Trademark
  9. A Photographer Sued a Student Over a School Project. Guess How That Turned Out–Reiner v. Nishimori (Eric Goldman)
  10. How Zeke Smith’s Being Outed as Trans May Have Gotten Him Kicked Off Survivor
  11. “Digital Is Cheaper” & Other Bogus Arguments
  12. Illinois right of publicity allows truthful statements about performers in ads (Rebecca Tushnet)
  13. Engineered To Deceive: Many of today’s visual artists are technological innovators, using advanced materials, industrial design, and sophisticated light manipulation to build experiences that trick your brain. Look inside their imaginations—and allow them to expand your own.
  14. Is It “Fake News” To Call The Media “Fake News?”
  15. The Local News Business Model
  16. Vogue India Celebrated Its 10th Anniversary by Getting Kendall Jenner Into Even More Trouble
  17. Coca-Cola and Music: A Case Study
  18. The New Intellectuals: Political wars on college campuses aren’t really about free speech. They’re about what it means to be a student.
  19. The Art Market’s Modigliani Forgery Epidemic: A skyrocketing interest in Amedeo Modigliani’s work is producing Picasso-level price tags, with major museum shows stoking the flame. Buyers are wary, though: the mystery surrounding one of the world’s most-faked artists has led to death threats, lawsuits, and hoaxes.
  20. Branding “Vaverisms”: All I Really Need To Know I Learned From His Quips 

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. Lawsuit depicts Fox News as not just sexist. Not just misogynistic. Barbaric.
  2. FCC to investigate, ‘take appropriate action’ on Colbert’s Trump rant
  3. Opening up broadcast indecency
  4. The FCC ‘Investigation’ Into Stephen Colbert Is A Complete Non-Story
  5. FCC to Investigate Steven Colbert? – Much Ado About Nothing
  6. A John Oliver Net Neutrality Rant Has Crippled The FCC Website A Second Time
  7. FCC: John Oliver Didn’t Bring Down Our Site, Attackers Did – Just as the comedian sent a flood of people to support net neutrality, attackers brought commenting site down
  8. After net neutrality comment system fails, senators demand answers: John Oliver caused big comment increase, but FCC blames DDoS attacks.
  9. The FCC Claims A DDoS Attack — Not John Oliver — Crashed Its Website. But Nobody Seems To Believe Them
  10. The FCC has received 128,000 identical anti-net neutrality comments: There might be a bot faking widespread net neutrality opposition.
  11. The FCC Is Using Garbage Lobbyist Data To Defend Its Assault On Net Neutrality
  12. AT&T Takes Heat For Avoiding Broadband Upgrades For Poor Areas
  13. AT&T could be punished for unlimited data throttling after all: Ajit Pai cheers court decision, says case to overturn Title II is strengthened.
  14. Comcast, Charter Join Forces In Wireless, Agree Not To Compete
  15. Plan to kill municipal broadband fails in state legislature: Angry constituents convince Maine lawmakers to vote against Republican bill.
  16. UK’s New ‘Digital Economy’ Law Somehow Now Gives Police The Power To Remotely Kill Phone Service
  17. How the NFL is Crippling ESPN and Harming the Future of TV Sports
  18. Only Connect

SURVEILLANCE & PRIVACY

  1. Massive vulnerability in Windows Defender leaves most Windows PCs vulnerable: PCs can be compromised when Defender scans an e-mail or IM; patch has been issued.
  2. Google phishing attack was foretold by researchers—and it may have used their code: A potential threat from spoofing Google applications was cited in 2011.
  3. Security News This Week: Oh Good, Hackers Beat Two-Factor to Rob Bank Accounts
  4. Man: Border agents threatened to “be dicks,” take my phone if I didn’t unlock it – “I believe strongly in the Constitution and in my right to privacy.”
  5. Privacy, Poverty and Big Data: A Matrix of Vulnerabilities for Poor Americans
  6. How Privacy Became a Commodity for the Rich and Powerful
  7. Lawyers: How can we scrutinize surveillance records that remain sealed?: Stanford attorneys make unusual request to a federal court itself, DOJ opposes.
  8. Lawyer: Cops “deliberately misled” judge who seemingly signed off on stingray – “Any system that is not transparent is inherently corrupt.”
  9. Watch a cop’s staged body cam footage made “to look like it was done in real-time”: “The staging was done in such a way to make it look like it was done in real-time.”
  10. Ahead Of His Senate Hearing, James Comey Pushes His ‘Going Dark’ Theory
  11. James Comey Says Real Journalists Check With The Government Before Publication
  12. Feds propose heightened social media vetting of visa applicants: Plan applies to applicants “who have been determined to warrant additional scrutiny.”
  13. Investigatory Powers Act: Back doors, black boxes, and tech capability regs: Expert legal analysis of the UK’s spy law and what it could mean for end-to-end crypto.
  14. Hidden Cameras And Zoom Lenses: Meet The Voyeur Pornographers: Revenge porn gets all the attention, but other forms of nonconsensual adult content are thriving under the radar
  15. Is Facebook Taking Its First Steps Into VR Surveillance?: With new ‘Spaces’ app, privacy advocates warn it could one day offer a wealth of new data to advertisers
  16. More Android phones than ever are covertly listening for inaudible sounds in ads: Your Android phone may be listening to ultrasonic ad beacons without your knowledge.
  17. Your Keystrokes Can Reveal Who You Are — And How You Feel: An NYU researcher is using machine learning to show how easy it is to identify people and emotions from typing patterns
  18. Happy or sad? Your future car might know the difference: Using deep learning technology, Affectiva developed an emotion recognition engine, and it promises to make cars much more human.
  19. How Facial Recognition Will Help Doctors Take Better Care Of Babies: Medical researchers are developing facial analysis apps that diagnose genetic disorders and monitor babies’ pain
  20. Facial Recognition Helps Parents Find Son 27 Years After Abduction: Tens of thousands of Chinese children are kidnapped every year, but artificial intelligence is helping families reunite
  21. Internet Privacy – ISP Snooping and U.S. Surveillance Laws 

Jon

News of the Week; May 3, 2017

GAMES

  1. ZeniMax pressures Prey for the Gods devs to make a name change
  2. Prey developer: Go ahead, use Steam refunds to demo our game – Colantonio – “Steam players can just return the game” before playing for two hours.
  3. Nintendo issues unsurprising take down notice for fan-made Zelda: “Breath of the NES” developer publishes email from NoA attorney
  4. Nintendo comes out on top in Mii patent infringement case
  5. Copyright claim yanks fan-made Breath of the Wild 2D adaptation: Creator vows it will be back ‘bigger and better than ever.’
  6. Nintendo sold 2.3 million NES Classic Editions
  7. Nintendo Switch sold 2.74 million units in March alone: Profits up 5x in the last fiscal year, with Nintendo expecting a further 10 million Switch sales in the year ahead
  8. Switch shipments selling out same day – GameStop: Specialty retailer can’t keep console stocked nearly two months after launch
  9. Switch boasts 2:1 software tie ratio: Sales not limited to Zelda, as Nintendo touts figures for 1-2 Switch, Super Bomberman R, and Snipperclips
  10. Nintendo president: Switch can approach ‘relative parity’ with Wii
  11. Super Mario Run nearing 150m downloads: Nintendo’s mobile platformer has been installed on nearly 72m devices since January
  12. Mario Kart 8 Deluxe becomes fastest-selling title in franchise history
  13. Nintendo now believes Switch can reach Wii sales levels: “We have greatly increased the quantity we can produce in a single month,” says Tatsumi Kimishima
  14. 4 interesting comments from Nintendo’s Q&A session
  15. Epic, near-EVE-worthy troll sabotages Elite: Dangerous community event – “Smiling Dog Crew” shows how you should never let a wolf guard your chickens.
  16. Sarkeesian finishes Tropes vs. Women in Video Games: Feminist Frequency founder reflects on five years of harassment and progress as she brings video series to a “bittersweet” close
  17. Breathing In: The Industry in Consolidation – Vivendi, Tencent, Softbank, Activision; the list of companies with billion-dollar shopping lists continues to grow. Is Disney next?
  18. 20 million PlayStation 4 consoles were sold in just the last year
  19. Profits up in Sony’s games division as PS4 sales near 60M
  20. Hearthstone gains 20M players in a year, surpassing 70M to date
  21. Some advice for modders from the creator of Playerunknown’s Battlegrounds
  22. Game Maker Sues Milwaukee Over Permit Requirement To Make Augmented Reality Games
  23. VR exclusivity should be a last resort – Owlchemy: Job Simulator studio boss Alex Schwartz talks about his approach to the VR market, where it’s headed and why AR is much further away
  24. You Can Catch A Real Ball While Immersed In Virtual Reality, So What Comes Next?
  25. Unity CEO: VR Will Get Huge, But Devs Need to Survive and Avoid Hype Until it Does
  26. VR/AR to “rival the internet” – Riccitiello: Unity boss kicks off the Vision Summit, noting the success and opportunity in the burgeoning VR/AR market
  27. Oculus VR is the latest company to forgo paying for a booth at E3
  28. The Story of NESticle, the Ambitious Emulator That Redefined Retro Gaming: The product of a talented programmer who designed a hit shareware game while he was still in high school, NESticle was so good that everyone looked past the fact its name was basically a dick joke.
  29. Online games in China are now required to disclose random loot box odds
  30. Was Uber’s CEO really the second-best Wii Sports tennis player? – Short answer: “Yes, with an if…” Long answer: “No, with a but…
  31. NBA COO Mark Tatum Reaffirms Global Vision For New NBA 2K Esports League
  32. eSports investments need a 10-year view – Hi-Rez: Smite and Paladins studio co-founder says competitive gaming is more about community than revenue, takes stock of console platforms’ changing attitudes on free-to-play
  33. “2022 Asian Games is another step towards mainstream acceptance of esports”: Pro-gaming leaders discuss the recent introduction of esports in the Asian games
  34. The Rock Hilariously Reveals Rampage Movie’s Plot: “And when I find them, I will not lick them.”
  35. Mental Models: The reality that we sense in front of us is a fiction created by our brains. A host of modules process information in various ways and the end result is a mental model of the outside world. Knowing how this works is crucial to game development as the shape of these mental simulations has a huge effect on how a game feels and plays.
  36. The AI revolution is making game characters move more realistically: Neural network makes for smarter-looking avatars, not just smarter enemies
  37. Video Games Are Better Without Stories: Film, television, and literature all tell them better. So why are games still obsessed with narrative? (Ian Bogost)
  38. A Dream of Embodied Experience: On Ian Bogost, Epistemological Gatekeeping, and the Holodeck (Bianca Batti & Alisha Karabinus)

DIGITAL

  1. Report: Facebook helped advertisers target teens who feel “worthless”: Leaked 2017 document reveals FB Australia’s intent to exploit teens’ words, images.
  2. Facebook Told Advertisers How It Could Target Vulnerable Teens: “Anxious” and “overwhelmed” Australians as young as 14 were swept up by algorithm, though Facebook said it was never used to target ads
  3. Facebook: leaking info about gender bias damages our ‘recruiting brand’ – Tech company is disputing analysis that female engineers have code rejected 35% more than male engineers and said such leaks make it harder to hire women
  4. Facebook To Target Fake News “Information Operations”: The social media giant is getting serious about its role in global civics
  5. Facebook enters war against “information operations,” acknowledges election hijinx: Facebook no longer wants to be a tool for enlisting “useful idiots.”
  6. Facebook will hire 3,000 more moderators to keep deaths and crimes from being streamed
  7. Response To Facebook Video Of Murder Is The Call For An Actual ‘Godwin’s Law’
  8. Mounting Privacy Problems In Europe For Facebook’s Acquisition Of WhatsApp
  9. The Age of Misinformation: Facebook, Twitter, Google, and Microsoft must recognize a special responsibility for the parts of their services that host or inform public discourse. (Jonathan Zittrain)
  10. A Look at Government Censorship in the Age of Facebook
  11. The Terrible History Of Using Biased Technology To Lock People Up: Courts are relying on racist algorithms in judicial decisions — apparently we’ve learned nothing from the rise and fall of the polygraph
  12. More penalties for digital “drip pricing” 
  13. New Tools Allow Voice Patterns To Be Cloned To Produce Realistic But Fake Sounds Of Anyone Saying Anything
  14. Zillow Sued By Homeowner Because Its Estimate Is Lower Than The Seller Wants To Sell The House For
  15. New Private Right of Action in Canada for False or Misleading Electronic Advertising
  16. Companies Don’t Really Want You to Read Their Terms of Service: As the uproar over Unroll.me shows, being opaque is part of their business model.
  17. Brands and Influencers Continue to Flout Disclosure Rules Despite FTC Warning
  18. Your Newest Instagram Follower, the FTC: Agency Reminds Endorsers and Marketers to #Disclose with Over 90 Warning Letters
  19. Website/App Provider in Hot Water for Ambiguous Privacy Policy
  20. Neo-Nazi website unleashed Internet trolls against a Jewish woman, lawsuit says
  21. Suing the trolls: A woman’s lawsuit against a neo-Nazi’s “troll storm” could change how to fight back against online harassment
  22. White Supremacists, Brought To You By Squarespace: Website building service Squarespace’s acceptable use policy bans bigotry. So why does it allow prominent white nationalists to use it to create their websites?
  23. ‘Troll Army’ Raises $24K In One Day For Neo-Nazi Leader’s Legal Fund: Andrew Anglin’s trolls are emptying their pockets to preserve his neo-Nazi blog
  24. 20,000 Chinese writers will create their own Wikipedia competitor
  25. Prior Exposure Increases Perceived Accuracy of Fake News (Gordon Pennycock, Tyrone Cannon, David Rand)
  26. Combating Fake News: An Agenda for Research and Action
  27. Copyright Troll Sends DMCA Notices Targeting Anti-Troll Websites & Lawyers
  28. DMCA and monitoring – damned if you do, damned if you don’t?
  29. Kodi: The copyright cops want to lock up this free and legal TV app – Fully loaded Kodi boxes, the future of home entertainment, are a thorn in the side of Big Content 
  30. Italian court finds Google and YouTube liable for failing to remove unlicensed content (but confirms eligibility for safe harbour protection)
  31. When a ‘Remix’ Is Plain Ole Plagiarism: Digital technologies make it easier for people to copy the work of other artists—yet the same tools make it more likely for them to get caught.
  32. Lawyering at the Edge of Innovation: A Conversation with Kent Walker, Google’s General Counsel and Senior Vice President
  33. Filmspeler, the right of communication to the public, and unlawful streams: a landmark decision
  34. You Can’t Be Fired For a Facebook Post Calling Your Boss a “LOSER”–NLRB v. Pier Sixty
  35. Google rater fired after speaking to Ars about work conditions: After public revelations, workers report chaos, layoffs, and at least one firing.
  36. Internal Uber e-mail reveals Levandowski stepping down from self-driving car job: “I will be recused from all LiDAR-related work and management at Uber.”
  37. Sent to Prison by a Software Program’s Secret Algorithms
  38. Washington State Enacts Law Defining Licensing Requirements for Transmitters of Money and Virtual Currency
  39. The Internet of Things Needs a Code of Ethics: Technology is evolving faster than the legal and moral frameworks needed to manage it.
  40. Catching Up On Some Recent Click Fraud Rulings (Eric Goldman)
  41. Will Technology Destroy Our Democracy–or Save It? A Series of Papers at The Atlantic (Eric Goldman)
  42. European Court Of Justice Tightens Screws On “Streaming”
  43. Twitter Goes Bigger On Video With 16 New Streaming Partnerships
  44. Twitter Announces New Sports Live Streaming Initiatives With 24-Hour Sports Channel, NFL, WNBA, PGA TOUR
  45. Hulu’s Live TV Service Launches To Save You From Your Cable Bill
  46. Hulu debuts $40-per-month live TV streaming service with over 50 channels: And it includes Hulu’s regular subscription content, too.
  47. Yik Yak is finally relegated to the dustbin of Internet history: Founders not totally closing up shop, will “start tinkering around” for a while.
  48. Why is Microsoft trying to turn its Surface business into the next Nokia?: Microsoft is developing a worrying habit of neglecting its hardware products.
  49. Samsung could displace Intel as the world’s biggest chip company in 2017
  50. Dating App Lets You Flirt With Coworkers On Slack: Feeld introduces a Slack bot to encourage workplace romances
  51. DARPA Is Planning to Hack the Human Brain to Let Us “Upload” Skills
  52. The Google Assistant SDK will let you run the Assistant on anything: Build your own Google Home out of whatever you want.
  53. YouTube Says Its Six-Second Ads Result In “Significant” Lift In 70% Of Cases
  54. Apple Music To Supply Songs For Musical.ly As Part Of Larger Partnership
  55. This Week In Creative Commons History 

CREATIVITY

  1. French Court Finds Jeff Koons Appropriated Copyrighted Photograph That “Saved Him Creative Work”
  2. Khloé Kardashian sued by paparazzi agency for copyright infringement
  3. Kardashian #copyright saga
  4. Andy Warhol Foundation Asks SDNY to Declare Prince Series Not Infringing
  5. The Michelle Obama Mural Controversy, Explained
  6. Myth: Fair use decimated educational publishing in Canada
  7. Can You Copyright Infringe Anonymously?
  8. This Is The Story About Robert Kraft’s Casino Holdings That Rupert Murdoch’s Paper Never Ran
  9. Game of Thrones-inspired SodaStream advert banned for being offensive
  10. Without Volitional Conduct, Establishing Direct Copyright Infringement Gets Hairy
  11. Australia’s Copyright Agency Keeps $11 Million Meant For Authors, Uses It To Fight Introduction Of Fair Use
  12. Hacker leaks Orange is the New Black new season after ransom demands ignored: Breach of post-production company poses potential threat to many networks’ shows.
  13. That Orange Is the New Black Leak Was Never Going to Pay Off
  14. Hacker Extortion Attempt Falls Flat Because Netflix Actually Competes With Piracy
  15. The Company Behind “The National Enquirer” Just Bought “Us Weekly” — Here’s Why That Matters: American Media — the company behind the National Enquirer, Radar Online, and a handful of others — recently acquired Us Weekly. Its editorial director, Dylan Howard, has an old-fashioned newfangled vision for the future of the tabloid in the era of Trump.
  16. Is ‘Wonder Woman’ receiving the same advertising treatment as her Justice League peers?
  17. Parody Protection For Fair Use Is Important: Taiwanese Man Faces Jail Time Over Parody Videos Of Movies
  18. Exclusive: The Leaked Fyre Festival Pitch Deck Is Beyond Parody – But it’s also the latest chapter in the battle between consumers and advertisers in the digital age.
  19. ‘Hot Girls Wanted’ Producers Deny Outing Sex Workers: They also mock their accusers and allege that sex workers were pressured into making claims against the Netflix series
  20. Mac DeMarco Tells Concert Goers To Go Pirate His Music
  21. The Reports Of The Record Industry’s Rebirth Are Greatly Exaggerated
  22. New York City’s Museum of Trash Rescued by a Sanitation Worker: Tucked away on the second floor of an East Harlem garage, the Treasures in the Trash Museum features items saved from the landfill over three decades by Nelson Molina.
  23. Could libel laws change under Trump?
  24. No, President Trump Isn’t Ditching The First Amendment, But He Is Undermining Free Speech
  25. Is It Time To Examine The Concept Of Originality In Musical Works? (Andres Guadamuz)
  26. Is Trademark Dilution a Unicorn? An Experimental Investigation (Barton Beebe, Roy Germano, Christopher Jon Sprigman & Joel Steckel)
  27. What does a counterfeit look like? (Rebecca Tushnet)
  28. US companies can be enjoined from false advertising in China (Rebecca Tushnet) 

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. Ex-CRTC commissioner claims victory following Federal Court ruling
  2. Why Canada’s Net Neutrality Commitment Places Consumers in Control (Michael Geist)
  3. Too little, too late? FCC wins net neutrality court case: Wheeler’s court win over ISPs reaffirmed, but Pai plans to overturn the rules.
  4. ISPs Lose En Banc Appeal, Current Net Neutrality Rules Remain Intact…For Now
  5. GOP’s “Internet Freedom Act” permanently guts net neutrality authority: ISPs would gain the freedom to block and throttle websites and applications.
  6. Don’t Get Fooled: The Plan Is To Kill Net Neutrality While Pretending It’s Being Protected
  7. F.C.C. Invokes Internet Freedom While Trying to Kill It
  8. Verizon and AT&T both launched misleading services this week — and it points to a larger problem
  9. Verizon’s bizarre claim that the FCC isn’t killing net neutrality rules: Verizon says it supports open Internet rules despite its role in ending them.
  10. New Verizon Video Blatantly Lies About What’s Happening To Net Neutrality
  11. Net neutrality rules took away your Internet freedom, FCC chair claims: It’s not clear exactly which “freedoms” ordinary consumers lost.
  12. Soundboard Technology Calls Qualify as Robocalls Under TCPA
  13. Google Fiber building in Louisville despite lawsuit from AT&T and Charter: Google Fiber filing permit to begin construction in Louisville.
  14. ESPN Axes Long-Standing Reporters, But Not The Execs That Failed To See Cord Cutting Coming
  15. How ESPN Became A Conservative Cause: Conservative media has seen ESPN’s business problems through the prism of politics. But the network’s struggles are much more straightforward.
  16. Choosing which cable channels to provide is speech, but offering Internet access is not
  17. Broadband Internet Service Providers In Regulatory Limbo After Repeal of FCC Privacy and Data Security Rules

SURVEILLANCE & PRIVACY

  1. Public Safety Committee Recommends Against Lawful Access Reforms (Michael Geist)
  2. MPs calling on federal government to boost protection of Canadian civil liberties: Liberals on the Commons public safety committee have made 41 recommendations designed to increase oversight.
  3. A Feast of Commons Reports: National Security Studies by ETHI and SECU Released (Craig Forcese)
  4. VPPA Still Doesn’t Protect App Downloaders–Perry v. CNN
  5. Russian-controlled telecom hijacks financial services’ Internet traffic: Visa, MasterCard, and Symantec among dozens affected by “suspicious” BGP mishap.
  6. Russia Tries To Deliver The Killing Blow To VPN Use
  7. Personal Security Takes A Hit With Public Release Of NSA’s Hacking Toolkit
  8. Facebook Reports More Than Half Of Gov’t Demands For Content And Data Come With Gag Orders Attached
  9. US Intelligence “transparency report” reveals breadth of surveillance by NSA, others: Over 151 million call records collected to track 42 targets under new “limited” access arrangement.
  10. The Email Collection The NSA Shut Down Has Been Abused For Years
  11. Surprise: NSA Stops Collecting Americans’ Emails ‘About’ Foreign Targets
  12. The NSA’s 702 Shutdown Is Good News, But There Are A Whole Lot Of Caveats
  13. NSA ends spying on messages Americans send about foreign surveillance targets: FISA court narrows what NSA can collect, because NSA can’t stop “incidental” collection.
  14. Sextortion suspect must unlock her seized iPhone, judge rules: “For me, this is like turning over a key to a safety deposit box.”
  15. Sketchy Bogus Crowdfunding Campaigns To ‘Buy’ Congress’s Private Web Browsing… Only Now Realize That’s Impossible
  16. Punching holes in nomx, the world’s “most secure” communications protocol: Extraordinary claims require extraordinary proof, and nomx implodes under scrutiny.
  17. Miami sextortion case asks if a suspect can be forced to decrypt an iPhone: Does the Fifth Amendment mean you don’t have to hand over your password?
  18. A False Facial Recognition Match Cost This Man Everything: Denver resident Steve Talley files $10 million lawsuit after face-matching technology ruined his life
  19. All your Googles are belong to us: Look out for the Google Docs phishing worm: An e-mail disguised as a Google Docs share is ingenious bit of malicious phishing.
  20. Don’t trust OAuth: Why the “Google Docs” worm was so convincing – You really think someone would just go on the Internet and tell lies?
  21. The spammer who logged into my PC and installed Microsoft Office: Spam text made a tempting offer—so I let the spammer take control of my PC.
  22. A Cloud Over the Microsoft Warrant Case
  23. Babies and Baby-making, or Not… Privacy and Security Lessons for the Internet of Things

Jon

News of the Week; April 26, 2017

GAMES

  1. Two-year jail sentence for teen who hacked Xbox: Convict carried out more than 1.7m cyber attacks and enabled further crimes globally
  2. Teenager behind Microsoft and Sony hacks jailed for two years: “I have a duty to the public who are worried about this,” says judge.
  3. Creator of DDoS program used against Minecraft and RuneScape sentenced to prison
  4. Game over for Canadian game copier and Mod chip seller
  5. UK Crime Agency’s Latest Moral Panic: Kids Modding Videogames May Be A Gateway To Becoming Criminal Hackers
  6. Game localization shenanigans in the Chinese-speaking world
  7. Overwatch Pro’s Racist Tirade Ends His Career
  8. Pro Overwatch player dropped for racial slurs: Toronto Esports cuts ties with Matt “Dellor” Vaughn for prolonged outburst during Twitch stream; Vaughn says he’s quitting competitive gaming
  9. Stephens College is now the first all-women’s school to offer eSports scholarships
  10. To create a quality Final Fantasy V translation, fans reworked the game’s code
  11. NPD has been underestimating digital game sales since at least 2010
  12. We’ve been missing a big part of game industry’s digital revolution: NPD “restatement” shows consistent spending growth as digital sales dominate.
  13. Report: Vivendi’s takeover of Ubisoft planned for this year
  14. Vivendi to attempt hostile bid for Ubisoft this year: Reuters’ sources claim that this is the year that the French media giant will accelerate its expansion into video games
  15. Palmer Luckey funds Trump through Chrono Trigger shell companies: Oculus co-founder continues his support for US President, despite controversy over involvement with “s***posting” group
  16. Valve asks for phone numbers to confirm Dota 2 player identities: Move should cut down on expert players intentionally smurfing noobs.
  17. Bleszinski: “AAA is a nearly unsustainable model” – The Gears of War creator discusses why blockbuster games often feel repetitive, and looks ahead to VR
  18. The ESA figures 67% of U.S. households play games
  19. Esports Will Join Real Sports At 2022 Asian Games
  20. Number of college varsity e-sports programs quadruple in 9 months
  21. Stephens College is now the first all-women’s school to offer eSports scholarships
  22. Nintendo Switch drives March games sales to $1.36B in US – NPD: The hardware category nearly doubled year-over-year thanks to Nintendo’s record-breaking Switch launch
  23. Mario Kart 8 Deluxe: Critical Consensus: Switch software lineup gets a turbo boost with Nintendo racer’s victory lap
  24. A major Nintendo policy change has saved at least one Switch game: Third major patch for Nintendo Switch exclusive Bomberman does the unexpected.
  25. Nintendo, Ever the Toy Company: The fate of NES Classic is a reminder that while Nintendo may be a console firm, its DNA remains that of a toy maker
  26. This Zelda fan game takes the fun of Breath of the Wild to 2D: Forget emulating, you can experience a small sliver of Breath of the Wild right now.
  27. FTC Warns: That Nintendo Switch Emulator Is A Scam: Play ‘Breath of the Wild’ on your computer for free? That download is probably malware
  28. G2A’s reputation can still be fixed, indies say – “Just stop being s***”: Rami Ismail, Mike Bithell and Dan Da Rocha on the art of managing reputation in the games business
  29. G2A: “We’re not a grey marketplace, people just don’t understand our business” – It is the video games industry vs G2A at Reboot Develop
  30. Shopify enables devs to sell physical merchandise in-game: SDK opens potential revenue source for developers, Alto’s Adventure the first to use new tool
  31. Disabled Streamer Receives Hundreds In Donations After Bullies Kick Him From Match
  32. We need game design tools that work for everyone
  33. Early Nintendo programmer worked without a keyboard: Sakurai programmed a Game Boy classic with a trackball and a Famicom Twin.
  34. Unity devs can now sell actual hats (and other merch) in-game via new Shopify SDK
  35. Video Games Help Model Brain’s Neurons
  36. Transactions of the Digital Games Research Association Volume 3, issue 1

a. Introduction (Christy Dena, Brendan Keogh)

b. Ways of Being: Pervasive Game Design Ethos in Urban Codemakers (Steven Conway, Troy Innocent)

c. Finding a Way: Techniques to Avoid Schema Tension in Narrative Design (Christy Dena)

d. Scarcity and Survival Horror: Trade as an Instrument of Terror in Pathologic (Julian Novitz)

e. Adolescents as Game Designers: Developing New Literacies (Pilar Lacasa, Sara Cortés, María Ruth García-Pernía)

DIGITAL

  1. Can Facebook Fix Its Own Worst Bug?
  2. Father in Thailand Kills 11-Month-Old Daughter Live on Facebook
  3. Facebook shows Related Articles and fact checkers before you open links
  4. Facebook To Reportedly Pay Publishers To Create Videos That Feature New Mid-Roll Ads
  5. The Weird Antitrust Questions Of A Google Chrome Ad Blocker
  6. Torching the Modern-Day Library of Alexandria: “Somewhere at Google there is a database containing 25 million books and nobody is allowed to read them.”
  7. Google pushes fake news, hate-speech workshops (and YouTube) on UK teens: After backlash over censored LGBTQ+ content, Google debuts “Internet Citizens” project.
  8. Wikitribune is Jimmy Wales’ attempt to wage war on fake news: Wikipedia cofounder says pages won’t go live until trusted volunteers verify stories.
  9. Palantir settles US charges that it discriminated against Asian engineers
  10. The Surprising Speed with Which We Become Polarized Online: Users isolate themselves in social media echo chambers, even when they start out looking at a variety of posts.
  11. Instagram Now Has 700 Million Users
  12. Khloe Kardashian Sued for Posting a Photo of Khloe Kardashian on Instagram: This follows a lawsuit focused on Tom Holland republishing an image of Tom Holland on Instagram.
  13. More Shady Libel Lawsuits Resulting In Dubious Delisting Court Orders Uncovered
  14. Feds Say Jewelry Company CEO Scrubbed Google Results With Fake Court Orders And Forged Judge’s Signatures
  15. Five years later, legal Megaupload data is still trapped on dead servers: EFF lawyers head to appeals court to demand one man’s data.
  16. Dutch Court Rules That Freely Given Fan-Subtitles Are Copyright Infringement
  17. Fansubs for TV shows and movies are illegal, court rules: Anti-piracy group tells Dutch court they damage the industry.
  18. CJEU in Filmspeler rules that the sale of a multimedia player is a ‘communication to the public’
  19. Higher Regional Court of Düsseldorf applies CJEU McFadden decision
  20. Car Ad Websites Slightly “Scraped” in Copyright Case, Court Puts Brakes on Statutory Damages Minimums
  21. After Bill Gates Backs Open Access, Steve Ballmer Discovers The Joys Of Open Data
  22. Silicon Valley Losing Ground in Washington
  23. Oh Yes They Did! – Ninth Circuit Holds that Use of Moderators May Impact DMCA Safe Harbor Shield
  24. Dozen Amicus Briefs Oppose the Worst Section 230 Ruling of 2016 (and One Supports It)–Hassell v. Bird (Eric Goldman)
  25. Can Your Employer Fire You For Posting Vacation Photos to Facebook?-Jones v. Accentia (Eric Goldman)
  26. Faulty Mobile Device User Interface Jeopardizes Uber’s Contract Formation–Metter v. Uber (Eric Goldman)
  27. Uber’s app fingerprinted iPhone hardware, breaking App Store rules 
  28. Man sues Confide: I wouldn’t have spent $7/month if I’d known it was flawed
  29. Patent-holding company uses ex-Nokia patents to sue Apple, phone carriers: Nokia has spread its patents around widely, and they keep popping up in lawsuits.
  30. Singapore Court Tosses Copyright Troll Cases Because IP Addresses Aren’t Good Enough Evidence
  31. He Tweeted About Chinese Government Corruption. Twitter Suspended His Account.
  32. Russia Is Trying to Copy China’s Approach to Internet Censorship
  33. Russian man gets longest-ever US hacking sentence, 27 years in prison: Roman Seleznev bankrupted businesses, did $170 million in damage.
  34. Internet Censorship Is Advancing Under Trump: We expect attacks on internet speech in Zimbabwe and Russia. Under Trump, it’s hitting home.
  35. Russian DNC Hackers Are Now Targeting Germany’s Merkel — Report
  36. Russia’s Fake News Crusade Is Still Pushing For Le Pen: Kremlin-backed news sites at home and abroad have long favored the pro-Russia French presidential candidate
  37. NY Judge Says Prior Restraint Is America’s Best Defense Against Internet ‘Chaos’
  38. North Korean Media: A Story of Language, Censorship, and Tech
  39. Governing body declares: No IP addresses for governments that shut down internet access
  40. Netflix Hits 100 Million Subscribers, Vows To Raise Another Billion Dollars Of Debt
  41. Cord Cutting Is Very Real, And 25% Of Americans Won’t Subscribe To Traditional Cable By Next Year
  42. Here Comes The Attempt To Reframe Silicon Valley As Modern Robber Barons
  43. Here’s Everything You Need to Know about Elon Musk’s Human/AI Brain Merge
  44. With Neuralink, Elon Musk Promises Human-to-Human Telepathy. Don’t Believe It.: Why the billionaire is wrong that telepathy technology will be available in a few short years.
  45. How Garry Kasparov Learned To Stop Worrying & Love The Machines That Beat Him At His Job
  46. YouTube TV review: Not a game-changer out of the gate, but it could be soon – Using it is easy, but it doesn’t offer multiple tiers or apps for many platforms.
  47. Twitter: PGA TOUR LIVE Averages Almost 500,000 Unique Viewers Daily
  48. Regulation of Fintech in Canada
  49. 162 Tech Companies Tell Appeals Court That Trump’s 2nd Travel Ban Is Illegal
  50. Make America Troll Again (James Grimmelmann)
  51. Programming is Forgetting: Toward a New Hacker Ethic
  52. Picture this: Senate staffers’ ID cards have photo of smart chip, no security: Senate employees just use passwords, and their badges sport a picture of an alternative.
  53. Senate ID Cards Use A Photo Of A Chip Rather Than An Actual Smart Chip
  54. How Should a Lawyer Respond to a Yelp Review Calling Him “Worst. Ever.”?–Spencer v. Glover (Eric Goldman)
  55. Rubbing Elbows and Blowing Smoke: Gender, Class, and Science in the Nineteenth-Century Patent Office (Kara Swanson)
  56. An AI wrote all of David Hasselhoff’s lines in this bizarre short film – Ars film debut: Watch It’s No Game and meet the Hoffbot, written by an algorithm.

CREATIVITY

  1. This Lawsuit Goes to 11: The creators of This is Spinal Tap, the most influential mockumentary ever made, have been paid almost nothing. The rock gods are angry.
  2. Beyoncé Aims to End Copyright Suit Against “Formation”: The singer says the claims against her are “grossly overstated.”
  3. Copyright Law Precludes Athletes’ Publicity Rights Suit, Ninth Circuit Rules
  4. Artist Sues Church For Moving His 9/11 Memorial Sculpture
  5. Texas Lawmaker Wants To Decide Who’s A Real Journalist, Make It Easier To Sue Them
  6. Charging Bull, Fearless Girl and comparative moral rights
  7. Horizon’s Copyright Claim Against Marvel’s Iron Man Promotional Poster Survives Motion to Dismiss 
  8. Sixth Circuit has nominative fair use sans la letter: Oaklawn Jockey Club, Inc. v. Kentucky Downs, LLC, No. 16-5582 (6th Cir. Apr. 19, 2017)
  9. Is France Right To Criminalize Online Hate Speech?: Facebook says it’s wary of crossing the boundary into censorship but minorities say France’s muscular approach on the ground is the bigger problem
  10. The Reel Story: Why Changing How We Measure a “Canadian Film” is Long Overdue (Michael Geist)
  11. A Chicago Artist is Under Fire For Plagiarizing a Black Woman’s Artwork For His Michelle Obama Mural
  12. Australian Copyright Scandal Points to the Need for Greater Oversight of Copyright Collectives (Michael Geist)
  13. Duke Ellington And Copyright: Five Things You Should Know

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. As US prepares to gut net neutrality rules, Canada strengthens them: Canada cracks down on zero-rating while FCC allows paid data cap exemptions.
  2. Canada Rushes To Defend Net Neutrality As The U.S. Moves To Dismantle It
  3. As U.S. gears up for Internet fight, Canada sees an opportunity
  4. A very Canadian approach: How net neutrality rules reflect a country’s true nature: Reasonable, fair, no-nonsense. Typical Canucks
  5. Canada Just Took a Major Stand for Net Neutrality
  6. Win for citizens as CRTC framework will help prevent telecoms from engaging in differential pricing practices: Today’s ruling strengthens Net Neutrality protections by discouraging telecom providers from zero-rating certain apps and services and not others
  7. Net Neutrality is alive and well in Canada (Scott Prescott)
  8. Net Neutrality Alive and Well in Canada: CRTC Crafts Full Code With Zero Rating Decision (Michael Geist)
  9. CRTC’s Zero Rating Ruling Kills Proposals for Preferential Treatment for Cancon Online (Michael Geist)
  10. Dispelling the net neutrality and zero rating FUD (Peter Nowak)
  11. CRTC Chair Blais Calls Out Telcos For Double-Talk on Internet Fibre Investment (Michael Geist)
  12. Telecom Regulatory Policy CRTC 2017-104: Framework for assessing the differential pricing practices of Internet service providers
  13. Ajit Pai announces plan to eliminate Title II net neutrality rules: Vote to begin net neutrality rollback scheduled for May 18.
  14. FCC Chair Ajit Pai Announces Plan to Destroy Net Neutrality
  15. FCC Boss Unveils Ingenious Plan To Replace Net Neutrality Rules With Fluff & Nonsense
  16. Comcast and other ISPs celebrate imminent death of net neutrality rules: ISPs say they support net neutrality—but oppose FCC’s authority to enforce it.
  17. FCC helps AT&T and Verizon charge more by ending broadband price caps: Business Internet price caps eliminated even when customers have only one choice.
  18. FCC Moves To Make Life Easier For Business Broadband Monopolies
  19. Mobile industry loses its bid to stop Berkeley’s cellphone warning law – 9th Circuit: Local law actually “complements and reinforces” federal law, policy.
  20. Verizon lost 400,000 customers in the 6 weeks before it launched unlimited data: Verizon turned things around but still lost 289,000 phone subscribers.
  21. FCC Changes in Rules on Computation of Foreign Ownership of Broadcast Stations Now Effective 
  22. In Trump era, Rachel Maddow starts beating Fox News
  23. CTV Toronto (CFTO-DT) & CP24 re promos for CHUM-FM (CBSC decision)
  24. Another Reminder to Comply with CASL: The CRTC Imposes $15,000 Penalty for Non-Compliance 

SURVEILLANCE & PRIVACY

  1. Search Warrant Gag Order Successfully Challenged In Court
  2. The U.S. government’s ‘witch hunt’ to root out a Trump critic has now sparked an investigation
  3. Man suspected in wife’s murder after her Fitbit data doesn’t match his alibi: Officials say the timeline given by Richard Dabate, accused of killing his wife in their Connecticut home, is at odds with data collected by her wearable device
  4. IoT Privacy Lawsuit- Bose sued for taking headphone data without consent!
  5. Silicon Valley security robot beat up in parking lot, police say: The droid can scan 300 license plates a minute.
  6. A vigilante is putting a huge amount of work into infecting IoT devices: When it comes to features and robustness, Hajime surpasses its blackhat rivals.
  7. Malware Hunts And Kills Poorly Secured Internet Of Things Devices Before They Can Be Integrated Into Botnets
  8. Lessons from the FTC’s First Enforcement Action Against an IoT Company 
  9. Amazon’s Echo Look takes outfit photos and suggests the best styles for you: Is the mirror-selfie dead?
  10. Amazon Wants To Put A Camera In Your Bedroom To Watch You Dress: The Echo Look will mine your mirror selfies and judge your style. What’s unclear is how else this data will be used
  11. Amazon Wants to Put a Camera and Microphone in Your Bedroom: Echo Look will use machine learning to decide if you look fat in that shirt.
  12. Activist’s protest against practice of ‘carding’ derails Toronto police board meeting: Meeting adjourned after journalist Desmond Cole refuses to leave following deputation. Of data collected on citizens by police, Cole said: “It was never your information to take in the first place.”
  13. >10,000 Windows computers may be infected by advanced NSA backdoor: Did script kiddies use DoublePulsar code released by NSA-leaking Shadow Brokers?
  14. NSA backdoor detected on >55,000 Windows boxes can now be remotely removed: Microsoft dismisses DoublePulsar infection estimates, but otherwise remains silent.
  15. Tanium CEO admits using real hospital data in sales demos
  16. Windows bug used to spread Stuxnet remains world’s most exploited: Code-execution flaw is triggered by plugging a booby-trapped USB into vulnerable PCs.
  17. Taking Trust Seriously In Privacy Law (Neil Richards & Woodrow Hartzog)

Jon

News of the Week; April 19, 2017

GAMES

  1. Sweeney: “The future of the games industry? Make everyone a creator” – The Epic Games CEO discusses the importance of open platforms, the benefits of non-games projects and why he’s preserving a forest
  2. Twitch Builds Innovative Features For Its Most Popular Game, ‘League Of Legends’
  3. 2022 Asian Games adds eSports as medal sport: Professional gaming will also feature in next year’s event in Indonesia
  4. “We want to be the global community for people to play, watch and share games”: Facebook is rolling out new features for Instant Games, Gameroom and its gaming videos
  5. Nintendo Ended Up Creating A Competitor After DMCAing Fan-Game It Decided It Didn’t Want To Make Itself
  6. Nintendo Switch becomes fastest-selling system in Nintendo history: NPD reports that 906,000 units were sold in March, and Zelda broke records as well
  7. Nintendo Switch Tops PS4, Xbox One In US March Sales – Report: The new Nintendo console was No. 1 in March.
  8. Why Zelda: Breath of the Wild is the biggest system seller in history: The game is actually selling better than the system it runs on, somehow.
  9. Nintendo Discontinues The NES Classic
  10. Why Did Nintendo Just Kill One of Its Coolest Products in Years?
  11. One-upping the NES Classic Edition with the Raspberry Pi 3 and RetroPie: NES Classic is no more, but luckily cheap hobbyist boards are great for little projects.
  12. Sony is cutting online support for Kill Strain and 5 other games this summer
  13. In Australia, Microsoft offers free in-store game dev classes
  14. Ricky Gervais Says Magic Leap Will “Change the World,” as Company Courts Celebs
  15. Andre Iguodala has tried Magic Leap. What’s it like?: The Golden State Warrior and 2015 NBA Finals MVP talks about his favorite tech and the mixed-reality eyewear that blew his mind.
  16. Xbox chief Phil Spencer is not a fan of VR game exclusivity deals: “I do not like that people are having to say, which of these VR verticals do I go pick right now, as a developer? Because I don’t think any of them are really big enough yet to support a single experience.”
  17. Global Virtual Reality Industry to Reach $7.2 Billion in Revenues in 2017
  18. Original StarCraft is finally free-as-in-beer after delayed patch: Version 1.18 now live for Windows and Mac, will be compatible with summer remaster.
  19. Gaming video to generate $4.6 billion this year – SuperData: Research firm says there are now 665 million viewers of gaming video content worldwide
  20. That Was Fast: Denuvo’s Version 3 Update Has Been Cracked
  21. Digital sales now represent 74% of the US game market: The games industry added $11.7 billion to the US GDP in 2016, according to ESA’s new Essential Facts report

DIGITAL

  1. Facebook video of elderly man being murdered gets over 1.6 million views: Grandson urges the public to stop sharing footage of his grandfather being killed.
  2. Moral Panics: Don’t Blame Facebook Because Some Guy Posted His Murder Video There
  3. The man behind the neo-Nazi Daily Stormer website is being sued by one of his ‘troll storm’ targets
  4. Lawsuit: Neo-Nazi website owner is liable for harassing Montana real estate agent: “It’s that time, fam… ready for an old fashioned Troll Storm?”
  5. China’s Precision Censorship Machine Allows Some Controversial Keywords, But Blocks Combinations Of Them
  6. Facebook highlights its fight against “Fake News” in print: The 10 tips are basic news literacy, but Facebook wants the world to know.
  7. Facebook Launches New Camera Tools as a Foundation for Advanced Augmented Reality
  8. Video Calling, 3D Drawing, and Shared Experiences Inside Facebook’s Social VR App
  9. Facebook’s first VR app surprises, lets us collaborate and be juvenile: Has serious issues, but hand tracking, doodling, media sharing work great in VR “Spaces.”
  10. Facebook Finally Released Details on Their Top Secret Brain-Computer Interface
  11. Facebook is Researching Brain-Computer Interfaces, “Just the Kind of Interface AR Needs”
  12. Tumblr Is The Latest Platform To Launch A Co-Viewing App
  13. ‘Alien’, ‘Blade Runner’ Director Ridley Scott Launches VR Film Division
  14. Social Media Is Not Contributing Significantly to Political Polarization, Paper Says
  15. Secret Sorority Handshakes, Questionable Lawsuits, Free Speech, The Right To Be Forgotten And Section 230
  16. IoT garage door opener maker bricks customer’s product after bad review: Startup tells customer “Your unit will be denied server connection.”
  17. The Strange Story Of Why Millions Of Indians Are Furious At Snapchat: The social media company’s CEO allegedly said India and Spain were too poor to care about expanding there.
  18. How Opioid Addicts Are Using Social Media To Get Clean: Facebook groups and other online forums offer many addicts a digital path to recovery
  19. Everything on the Dark Web is not illegal, only half!
  20. FTC Staff Reminds Brands and Influencers About Disclosure Requirements
  21. Kim Kardashian West promotes morning sickness drug on Instagram despite previous FDA warning
  22. Top 100 Most Viewed YouTube Channels Worldwide • March 2017
  23. Music industry goes to war with YouTube: Record labels are angry about the relatively small fees the platform pays for music videos compared with streaming services
  24. Patent troll with an “Internet Drink Mixer” and a nonexistent office could be in trouble
  25. EFF Goes To Court To Stop Australian Patent Troll From Stifling Free Speech
  26. How a Law School Is Preparing Its Students to Compete Against AI
  27. Machines Learn To Stereotype Humans Just Like Humans: Researchers find AI systems are ready and willing to adopt racial and gender biases
  28. Princeton researchers discover why AI become racist and sexist: Study of language bias has implications for AI as well as human cognition.
  29. Report: Google will add an ad blocker to all versions of Chrome Web browser – The owner of the Web’s biggest advertising platform is building an ad blocker?
  30. FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. 1-800 Contacts (Eric Goldman)
  31. The Future of Ad Blocking: An Analytical Framework and New Techniques (Grant Storey, Dillon Reisman, Jonathan Mayer & Arvind Narayanan Princeton University)
  32. How Copyright Law Creates Biased Artificial Intelligence (Amanda Levendowski)

CREATIVITY

  1. Legal Threat From Creator Of Wall St. Bull Statue Even More Full Of Bull Than Expected
  2. No, The ‘Charging Bull’ Artist Can’t Force Anyone To Take Down ‘Fearless Girl’
  3. ‘Fearless Girl’ and ‘Charging Bull’ lurch towards courtroom showdown
  4. Public Art Installations: Is Fearless Girl ’s girl power trampling moral rights in Charging Bull ? We say no.
  5. On Fearless Girl, women & public art; or, no, seriously, the guy does not have a point.
  6. Separating Art from Function: Supreme Court Creates Copyright Test for Designs
  7. Asos Accused Of Ripping Off Indie Brand After Visiting Its Showroom
  8. My Other Bag Seeks Nearly $1 Million in Legal Fees in Louis Vuitton Case
  9. Bushwick Street Artists Threaten Legal Action Against McDonald’s for Using Their Work: The work appeared in a Dutch ad titled “McDonald’s Presents the Vibe of Bushwick NY.”
  10. Copyright Society’s ‘World IP Day’ Lesson: Give Us Your Copyrights For Nothing
  11. An interview with Michael Geist: copyright reform in Canada and beyond
  12. Fair Dealing in Canada: Dry Erase Boards and Overhead Projectors – Believe It Or Not?
  13. European Court Of Human Rights Revisits Once More Intermediary Liability
  14. Cara Delevingne Rimmel mascara ad banned for airbrushing: Watchdog pulls TV campaign promising ‘dangerously bold lashes’ for using inserts and redrawing to exaggerate effects
  15. How Artists Push Social Change
  16. Copyright in the Public Interest: How Canada Can Establish a Pro-Innovation Reform Agenda
  17. Someone tried to own ‘take off, eh’: Secrets from the Canadian trademarks database
  18. Copyright’s missing voices
  19. Copyright Reform in Canada and Beyond (Michael Geist)

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. Bill O’Reilly out at Fox after harassment allegations
  2. Fox News Found the Perfect Woman-Hater to Replace Bill O’Reilly 
  3. Alex Jones’ Defense in Upcoming Custody Battle Is That He’s a Fake
  4. When Is An Insane Conspiracy Theorist A Bad Parent?: Bizarre strategy in Alex Jones case.
  5. FTC Commissioner: If The FCC Kills Net Neutrality, Don’t Expect Our Help
  6. Web Firms Urge FCC to Preserve Open Internet Order
  7. Don’t Wait For Google, Netflix Or Facebook’s Help If You Want To Save Net Neutrality
  8. Roku Hires DC Lobbyists For First Time To Fight For Net Neutrality
  9. Verizon CEO: We’d consider merger with almost anyone, including Comcast: No deal is imminent as Verizon CEO claims no one has the fiber to match Verizon.
  10. FCC helps AT&T and Time Warner avoid lengthy merger review: Time Warner sells a TV station to avoid public interest review of AT&T deal.
  11. One broadband choice counts as “competition” in new FCC proposal: Price caps would be eliminated when there’s one more ISP within half a mile.
  12. Future of FCC Privacy Rules Unclear
  13. NBC Reaches Deal With TV Affiliates for Opting in to Internet Video Distribution Agreements
  14. T-Mobile dominates spectrum auction, will boost LTE network across US: Dish, Comcast, and US Cellular also bought plenty of 600MHz spectrum.
  15. Ofcom fine BT a record breaking £42 million: A move to a more punitive approach?
  16. The Internet as Cable: The Risk of Treating Telecommunications as Cultural Policy (Michael Geist)
  17. Canada’s analog broadcasting policy makes no sense in a digital world

SURVEILLANCE & PRIVACY

  1. Plaintiff Can’t Erase Court Order From the Internet–Nelson v. Social Security Commissioner (Eric Goldman)
  2. Lawyers, malware, and money: The antivirus market’s nasty fight over Cylance – On the front lines of the antivirus industry’s “testing wars.”
  3. Massachusetts AG Settles Geofencing Case 
  4. Geotargeting Medical Facilities? Massachusetts Says ‘No Snoop For You!’ 
  5. These Popular Headphones Spy on Users, Lawsuit Says
  6. Bose headphones spy on listeners: lawsuit
  7. German Consumers Face $26,500 Fine If They Don’t Destroy Poorly-Secured ‘Smart’ Doll
  8. Microsoft Latest Service Provider To Pry A National Security Letter Free From Its Gag Order
  9. Apple Takes Heat For Software Lock That Prevents iPhone 7 Home Button Replacement By Third-Party Vendors
  10. The Teddy Bear And Toaster Act Is Device Regulation Done Wrong
  11. The Illicit Aura of Information
  12. NSA-leaking Shadow Brokers just dumped its most damaging release yet: Windows zero-days, SWIFT bank hacks, slick exploit loader among the contents.
  13. Liberal inaction frustrates Canada’s exiting information watchdog: Stepping down, but not quietly, Suzanne Legault urges reforms to open up Ottawa
  14. Hypocritical CIA Director Goes On Rant About Wikileaks, Free Speech
  15. Vigilante botnet infects IoT devices before blackhats can hijack them: Hajime battles with Mirai for control over the Internet of poorly secured things.
  16. Legislation allowing warrantless student phone searches dies for now – Proponent: California law aimed to bolster student safety, help investigate cyberbullying.
  17. Why one Republican voted to kill privacy rules: “Nobody has to use the Internet”: Republicans encounter angry citizens after killing online privacy rules.
  18. Trump Privacy Rollback Continues, States Step Up 
  19. Claims under the Data Protection Act can be linked with defamation claims (U.K.)

Jon

News of the Week; April 12, 2017

GAMES

  1. Maradona sees red as he sues ProEvo over image rights
  2. Oculus has filed a motion to request a new trial against ZeniMax
  3. Oculus wants a new trial in ZeniMax case: VR company says initial verdict was “tainted” and the $500 million damages “excessive”
  4. New report delves into the dodgy world of PSN account reselling
  5. Xbox Scorpio: Are its 4K chops masking a change of VR heart?: Some unanswered questions leave us perplexed.
  6. Sony will struggle with location-based VR: PSVR is the biggest success story of consumer VR; but Sony’s location-based plans will leave it a long way outside its comfort zone
  7. Mass Effect update leaves pirates with rough facial animation: BioWare patches in new, uncracked Denuvo version alongside improvements.
  8. The MASSive Mass Effect: Andromeda writing contest: Send in a 500-word fic and you could win a copy of Andromeda for PC and an RC Nomad.
  9. Nintendo v. King: Answering Questions, and Raising New Ones, About Technological Protection Measures
  10. Court Strikes Probation Restrictions Banning Teen From Using Encryption, Accessing Internet For Personal Reasons
  11. First-gen VR won’t live up to hype – Report: IDATE DigiWorld expects 60 million headsets worldwide by 2020, with mobile VR losing share to PC/console
  12. Dear CD Projekt Red: Please Stop Trying To Get Trademarks On The Common Name Of A Genre
  13. Microsoft formally bans emulators on Xbox, Windows 10 download shops: Rules change comes ahead of formal Xbox Live Creators Program unveil.
  14. Microsoft bans and removes emulators from Windows Store: Updated policies blocks all games emulation across PC, mobile and Xbox
  15. The Xbox One loses another exclusive third-party developer: As Remedy goes multi-platform, Microsoft’s exclusive slate looks worse and worse.
  16. Microsoft opening new Minecraft marketplace to sell user-made content
  17. Pokemon Go pulling in over 65M monthly active users
  18. Nintendo will pay up to $20,000 for Switch security information: The scheme started to find 3DS vulnerabilities now includes Nintendo’s new console
  19. Creating a game that is appealing to Youtubers
  20. Twitch unleashes scorched-earth attack to unveil malicious spambot creator: PayPal, Cloudflare, Shaw, and Whois “are involved” in attacks, Twitch claims.
  21. Pewdiepie starts crowdsourced channel on Twitch with new weekly show: YouTube’s biggest star looks elsewhere for livestreaming.
  22. PewDiePie launches weekly show on Twitch: Popular YouTuber is branching out, at the very moment that major advertisers are walking away from YouTube
  23. Why Peter Moore once told Sega’s Yuji Naka to “f*** off”
  24. Peter Moore swears it wasn’t his idea to kill the Dreamcast
  25. Minecraft introduces in-app purchases: New Marketplace feature and Minecraft Coins virtual currency will be used for community creators to sell their own work
  26. Electronic Arts pledges to invest $500 million in Montreal’s game industry over 10 years
  27. Report: GameStop customer information at risk following possible breach
  28. The battle for fair game prices—and Gearbox’s attempt to ruin it: What would you pay for an identical 2011 game with a badly shoehorned Duke Nukem cameo?
  29. Gearbox partners with G2A, then vows to back out unless G2A takes steps to fight fraud
  30. Gearbox backs out of deal with controversial online marketplace G2A
  31. Gearbox severs ties with G2A over fraud backlash: Bulletstorm deal falls apart as reseller fails to comply with developer’s ultimatum to change how it does business
  32. What impact is outsourcing having on the video game industry?
  33. Why Sega is obsessed with Humble Bundle: The Sonic maker has raised over $2m via the charity retailer
  34. Luxor Hotel to get Las Vegas Strip’s first dedicated eSports arena: eSports Arena Las Vegas to be built on the site of a 30,000 square-foot nightclub, will open in 2018
  35. Why Aren’t NFL Owners, Teams Investing In Esports?
  36. University of Utah becomes first top sports school to offer eSports scholarships
  37. eSports Gets An Introduction To Major College Sports At The University Of Utah
  38. University Of Utah Becomes First Power Five School To Offer Varsity Esports
  39. Kansas City Chiefs’ Eric Berry: Video Gaming Kept Him ‘Mentally Sharp’ During Hodgkin’s Lymphoma Battle
  40. I’m Dying to Play
  41. This Dark Souls 3 video is bananas, literally: Like someone actually made a controller out of bananas.
  42. “Play is universal, even more universal than humanity”: Pioneer Raph Koster reflects on metrics, VR and the human need to play

DIGITAL

  1. Appeals Court Rules Website Moderators Can Potentially Undercut Copyright Defense
  2. DMCA “safe harbor” up in the air for online sites that use moderators: Etsy, Kickstarter, Pinterest, and Tumblr say site moderation hangs in the balance.
  3. Dangerous Ruling On DMCA Safe Harbors May Backfire On Hollywood
  4. DMCA, Moral Rights and Photography
  5. Narcissism, Social Media and Power
  6. Yahoo Is Sued Over $17 Million Fund for Chinese Dissidents
  7. Qualcomm loses legal battle with Blackberry, must pay $815M: Huge, non-appealable award makes BlackBerry stock jump 15%.
  8. Qualcomm accuses Apple of Intel chip foul play, egging on regulatory attacks: Chipmaker demands “fair value for our technological contributions to the industry.”
  9. Amazon to refund $70m in IAP after year of legal appeals: Both Amazon and the FTC appealed aspects of a ruling made by the federal court in April 2016
  10. If Facebook Becomes The Internet’s Authentication System, Can Citizen Scores Around The World Be Far Behind?
  11. We Need More Alternatives to Facebook: Chastened by the negative effects of social media, Mark Zuckerberg says he will tweak his service and upgrade society in the process. Should any company be that powerful?
  12. Google expands automatic “fact check” insertion into search results: You’ll want to phrase your searches very carefully to trigger it.
  13. Uber said to use “sophisticated” software to defraud drivers, passengers: Class action says Uber’s “methodical scheme” manipulates rider fares, driver pay.
  14. Burger King’s new ad forces Google Home to advertise the Whopper
  15. Burger King ‘O.K. Google’ Ad Doesn’t Seem O.K. With Google
  16. Google Brings Fake News Fact-Checking to Search Results: Search giant is letting partners and publishers decide what’s true, what’s false and what’s in between.
  17. New York Attorney General Enters Digital Health App and Privacy Enforcement Fray: Announces Three Settlements with Health and Fitness App Providers’ Due to Efficacy Claims and Privacy Practices
  18. MPA Gets Ireland To Crack Open The Site-Blocking Door It Plans To Bust Through
  19. Ubuntu Unity is dead: Desktop will switch back to GNOME next year – Ubuntu phones and tablets also dead, but the desktop, server, and cloud live on.
  20. YouTube nixes monetization until channels hit 10,000 views: Video giant says move is an effort to crack down on impersonating channels
  21. Technology is a marvel – now let’s make it moral: If Britain is bold after Brexit, we can lead the way in demanding more control over our digital destiny
  22. Utah to treat certain virtual currency as abandoned property 
  23. What Do the SEC’s Recent Bitcoin Disapproval Orders Really Mean for Investors?
  24. Portugal Pushes Law To Partially Ban DRM, Allow Circumvention
  25. India Learns The Hard Way That Equating Patents And Innovation Comes At A Price
  26. Italian Court Says Due Process Isn’t Necessary For Blocking Sites Over Copyright Infringement
  27. Who Owns the Copyright in an Instagram Image?
  28. Sketchy Copyright Takedown Kills Bad Lip Reading’s Force Awakens Remix
  29. Revenge Pornster Craig Brittain Issues DMCA Notices Demanding Google Delist Entire Websites, Including Wikipedia
  30. Why Jian Ghomeshi’s New Podcast Is Absolutely Guaranteed to Fail: A friend recently asked me if his firm should consider representing the former CBC Radio host’s media business. Here’s what I told him
  31. You Are Almost Definitely Sharing Memes Made By Nazis
  32. Is Instagram Killing The Graffiti Artist?
  33. Study Claims To Know What Was Going On With That Stupid Dress
  34. Emotional Chatting Machine Assesses Your Emotion and Copies It: Chatbots have never been able to empathize. That looks set to change, thanks to a Chinese team that has built a chatbot capable of conveying specific emotions.
  35. How Trolls Are Stifling Innovators, Gamers and Netflix Junkies: Copyright policy in the public interest
  36. Insurers Scramble to Put a Price on a Cyber Catastrophe: Trying to estimate the maximum cost of a devastating cyber event before one actually happens.
  37. How a Browser Extension Could Shake Up Academic Publishing
  38. Adidas wants to sell 100,000 3-D printed sneakers: A personalized shoe that can “adjust the strength, durability, and the shape.”
  39. Disney files patent for “huggable and interactive” humanoid robots: Robots have already been tested, described as “robust to playful, physical interaction.”
  40. The legal issues of robotics
  41. Deciphering the U.S. NAFTA Digital Demands, Part Two: Digital Economy, Services and Transparency (Michael Geist)

CREATIVITY

  1. Universal wins copyright case over sample in Justin Timberlake hit
  2. Andy Warhol Estate Sues over Image of Prince
  3. U.S. Supreme Court Clarifies Separability Analysis in its Ruling on Star Athletica, LLC v. Varsity Brands, Inc.
  4. Lombardo v. Dr. Seuss Enterprises, L.P.
  5. No evidence of harm means no disgorgement in false advertising case (Rebecca Tushnet)
  6. Copyright preemption and the right of publicity in the 9th Circuit (Rebecca Tushnet)
  7. Statutory Damages Awarded in Copyright Infringement Case
  8. First judicial consideration of information location tool under the Copyright Act- Trader Corporation v. CarGurus Inc.
  9. Can a public domain artwork be registered as a trade mark or would that be contrary to public policy and morality?
  10. Irish Burger Chain Accuses McDonald’s of Trademarking Every Word That Starts With ‘Mc’
  11. Defamation Law Series: Melania Trump Settles Her Libel Lawsuit Against Daily Mail 
  12. Author of Wall Street Charging Bull is raging over Fearless Girl, but does he have a valid moral right claim?
  13. ‘Charging Bull’ sculptor says New York’s ‘Fearless Girl’ statue violates his rights: Arturo Di Modica says ‘advertising trick’ placed in Wall Street before international women’s day infringed artistic copyright
  14. The Bull Statue Copyright Claim Is Ridiculous… But Here’s Why It Just Might Work
  15. UK supreme court denies tobacco firms permission for plain packaging appeal: Final legal decision in UK means that all cigarettes sold after 20 May must come in standardised packaging
  16. Marvel Comics Responds To X-Men Gold Art Controversy
  17. How much dough are smells worth?: Hasbro files a scent mark in the US
  18. Copyright as Medium: Art and law might seem like polar opposites. But in the wake of Conceptual Art’s challenge to the traditional operations of the art market, the law—and copyright in particular—has become an increasingly popular subject, and even a medium, for artists. 
  19. Bigger Picture, Bigger Frame? Dr. Saptarishi Bandopadhyay’s Recast of Narrative in Copyright and Disaster Photography
  20. Copyright Protection of Street Art and Graffiti under UK Law (Enrico Bonadio)
  21. The Uncoordinated Public Domain (Robert Spoo)

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. Paul, Weiss Investigating Bill O’Reilly
  2. Yochai Benkler: The Right-Wing Media Ecosystem
  3. FCC Kills Charter Merger Condition That Would Have Forced ISPs To Compete
  4. President Trump Nullifies FCC Broadband Consumer Privacy Rules 
  5. Yes, There Are Other Laws That Protect Privacy, But FCC’s Rules Were Still Helpful
  6. FCC chair wants to replace net neutrality with “voluntary” commitments: “Voluntary” net neutrality commitments may not be so easy to enforce.
  7. FCC Boss Wants ‘Voluntary’ ISP Net Neutrality Promises Instead Of Real Rules
  8. “Unenforceable”: How voluntary net neutrality lets ISPs call the shots – Pai’s plan would “tilt everything in favor of the incumbents,” regulator says.
  9. Ajit Pai can’t convince websites that killing net neutrality is a good idea: Reps for Amazon, Google, Facebook, Netflix lobby to keep net neutrality rules.
  10. Comcast to sell “unlimited” mobile plans that get throttled after 20GB: The good news is throttled speeds aren’t horrible at 1.5Mbps.
  11. 70% Support Letting Cities Build Their Own Broadband Networks, So Why Are We Still Passing State Laws Banning It?
  12. Murdoch’s multi-billion pound Sky/Fox merger bid gets thumbs up from EU – Brussels: Murdoch’s grab for full control of Sky isn’t a competition concern in Europe.

SURVEILLANCE & PRIVACY

  1. U.S. Gov Demanded Twitter Unmask Mean Anti-Trump Account: Twitter has filed a lawsuit to protect this user
  2. Twitter Sues Government Over Attempts to Unmask Anti-Trump Account
  3. Twitter Sues Homeland Security Over Attempt To Unmask ‘Alt’ Immigration Twitter Account: Twitter brings in Biglaw to sue government.
  4. Well, That Was Quick: Twitter Dismisses Lawsuit After Feds Drop Attempt To Unmask Rogue Tweeter
  5. Oh, Sure, Now Congress Is Serious About Asking NSA About Surveillance On Americans
  6. WikiLeaks just dropped the CIA’s secret how-to for infecting Windows: Latest batch of documents details how CIA infects targets’ Windows-based computers.
  7. New York Appeals Court Says Facebook Can’t Challenge The 381 Broad Warrants Handed To It By New York Prosecutors
  8. State Appeals Court Says There’s An Expectation Of Privacy In Vehicle Data Recorders
  9. Named Plaintiff Drops Claims Against Gannett as the Definition of “Personally Identifiable Information” Under the Video Privacy Protection Act Evolves
  10. Researcher: 90% Of ‘Smart’ TVs Can Be Compromised Remotely
  11. Booby-trapped Word documents in the wild exploit critical Microsoft 0-day: There’s currently no patch for the bug, which affects most or all versions of Word.
  12. Hacking Attack Woke Up Dallas With Emergency Sirens, Officials Say
  13. Canada’s National Police Force Officially Confirms Ownership, Use Of Stingray Devices
  14. Lenovo and Superfish: Proposed Class Action Proceeds on Privacy Tort and Statutes 
  15. Rash of in-the-wild attacks permanently destroys poorly secured IoT devices: Ongoing “BrickerBot” attacks might be trying to kill devices before they can join a botnet.
  16. The U.S. Congress Is Not the Leader in Privacy or Data Security Law (Daniel Solove)
  17. This Teen’s Story Is Your Worst ‘Predictive Policing’ Nightmare: Crime-prediction algorithms remain unproven and problematic — but that hasn’t stopped police departments across the country from using them
  18. The Ghost in the Algorithm: The necessary struggle to reject “technology first” and develop an ethical framework for the automated era

Jon

News of the Week; April 5, 2017

GAMES

  1. Blizzard awarded $8.5M in damages following copyright infringement lawsuit
  2. Blizzard awarded $8.6m in Bossland lawsuit: German cheatbot company failed to appear in court, ordered to halt sale of Blizzard related products in the US
  3. Nintendo v. King: Answering Questions, and Raising New Ones, About Technological Protection Measures
  4. UK ad authority rules against Liberators dev for misleading images in ads
  5. ASA Ruling on Mutant Box Interactive Ltd
  6. ASA bans Mobile Strike ad for objectifying women: Machine Zone’s latest YouTube video shows women playing the game by the pool in bikinis
  7. ASA Ruling on Machine Zone Inc
  8. How do you deal with CS:GO gambling? Legitimize it: Faceit’s ECS league partners with Genius Sports to provide data to regulated bookmakers.
  9. HTC: There will be no escaping ads in VR, either – Gaze-based technology “can also track whether the users have viewed them.”
  10. HTC introduces eye-tracking VR ads: It can track when players look away to judge ad effectiveness
  11. CCP CEO: “I would call the VR installed base huge” – CCP’s Hilmar Pétursson explains how the EVE developer got into sports with Sparc and why the VR space isn’t as tough as some might think
  12. Sony looking for new markets for PSVR
  13. Sony going commercial with PlayStation VR after making slow progress with consumers
  14. 1-in-4 VR pros say biz growth disappointed in 2016 – Survey: 26% expected more from their VR business last year, but 46% of respondents said they saw strong or very strong growth
  15. Oculus Founder Palmer Luckey Out at Facebook
  16. Palmer Luckey to leave Facebook: Company declined to say if Oculus co-founder is leaving voluntarily
  17. BioWare devs respond to Andromeda criticism with ambitious patch plan
  18. Bioware Apologizes For How It Handled Mass Effect: Andromeda’s Transgender Character
  19. Struggling peripheral maker Mad Catz files for bankruptcy
  20. Mad Catz enters bankruptcy: Peripheral company halts operations as it enters liquidation process
  21. Nintendo’s soul-searching on F2P: Super Mario Run was a bold experiment in mobile business models – but the company may not have realised the enormity of the task it was undertaking
  22. Mobile game spend will double to $105 billion by 2021: App Annie’s forecast shows massive gains for games over five years, with China representing 41% of all spending on mobile apps
  23. Activision plans many years of ‘Marvel-esque’ film/TV based on game IP
  24. Would you consider a disc-free console option?: Some gamers may be ready to ditch the disc drive to save on hardware.
  25. BAFTA-winning Brenda Romero: “We need to expand the range of voices making games”: Long-running games designer advocates teaching kids to code, broadening the scope of development and learning from board games
  26. Women In Games launches Ambassador programme: New initiative designed to double the number of women working in games over 10 years
  27. Why depicting gruesome historical moments in games can be a tough call
  28. 16 years later, Blizzard is still patching Diablo II: New update helps the game run on modern operating systems
  29. Two-fifths of gaming firms ‘could relocate over Brexit’
  30. Devs Answer: What are the best ways to trick players?
  31. Indie Games Scene – 2017 Overview
  32. Historians aim to recover, restore, and archive video game media assets

DIGITAL

  1. Use Of VPNs Banned Completely For Millions Of People By Chinese Authorities
  2. New Regulations Appear To Authorize Chinese Law Enforcement To Hack Into Computers Anywhere In The World
  3. A Pic Of Putin In Makeup Is Now ‘Extremist’ Material: Disseminating the image could lead to a fine and even jail time, but some Russians don’t care
  4. Where Speech Goes, Repression Follows: The Global Trend of Criminalizing Online Speech
  5. Social media firms faces huge hate speech fines in Germany
  6. How YouTube Can Fix Its White Nationalism and Anti-Semitism Problem: The Google-run video giant is losing advertisers due to its inability to police its own content. Here’s how it can turn things around.
  7. Netizen Report: India Had 31 Internet Shutdowns in 2016. How Many Did Your Country Have? – The quiet cost of regional Internet shutdowns in India, China and beyond.
  8. Here’s Why Facebook and Google Can’t Fix the Fake News Problem
  9. Study: Fake election news flooded Mich. Twitter feeds
  10. Lawyers win again in latest privacy class-action settlement: iOS address book deal, if split evenly among class members, pays 53 cents each.
  11. German Court Rules Parents Must Out Their Family Members For Copyright Trolls Or Pay Fines Themselves
  12. Microsoft sued for millions over Windows 10 upgrades: Class action accuses operating system of causing hard drive failures and other problems.
  13. 8,000 aspiring Uber and Lyft drivers fail state background check
  14. Uber exec accused of stealing IP from Google made $120M, but worked on the side: Google hammers on Levandowski, who remains in charge of Uber’s self-driving cars.
  15. Judge orders Uber to search servers, work harder to find Waymo’s 14,000 files: “In 42 years, I’ve never seen a record this strong. You are up against it.”
  16. YouTube TV goes live today in five US cities, gears up to add more networks: AMC, BBC World News, Sundance TV, and more to come at no extra cost.
  17. Top 100 Most Subscribed YouTube Channels Worldwide • February 2017
  18. ASA orders takedown of Instagrammer’s post for not having #ad: A promotional post by Instagrammer Sheikhbeauty for the brand Flat Tummy Tea failed to comply with CAP rulings as it lacked any disclosure that the post was an ad.
  19. IoT garage door opener maker bricks customer’s product after bad review: Startup tells customer “Your unit will be denied server connection.”
  20. You Can Now Beg for Money on Facebook
  21. Facebook plans a free version of its Slack competitor 
  22. Spotify finally lets artists restrict new albums to premium subscribers: Plus Kanye West is the first artist to have an album go Platinum on streams alone.
  23. Amazon – Not Twitter – To Stream Thursday Night NFL Games As League Is ‘Expanding Reach’
  24. Amazon outbids Twitter for rights to livestream Thursday Night Football games
  25. But you must be a Prime member to watch.
  26. Amazon agrees to refund up to $70 million worth of in-app purchases made by kids
  27. Amazon’s Kodi Box Ban And Copyright Liability For Device Distributors
  28. Kim Dotcom’s Canadian connection: Servers in Ontario could be key in case against alleged Internet pirate
  29. A kitten becomes Exhibit 41 in defamation suit against Buzzfeed over Trump dossier: “Six ways Buzzfeed has misled the court… and a picture of a kitten.”
  30. Bad Copyright Laws Are Creating Junky, Biased AI: Machine learning systems need lots of data to overcome bias — but copyright limits their menu
  31. Can AI Ever Be as Curious as Humans?
  32. A.I. Versus M.D.: What happens when diagnosis is automated?
  33. Hologram Calls Could Be The Future FaceTime: Verizon and Korean Telecom held the first international live 5G hologram chat
  34. Within the Next Decade, You Could Be Living in a Post-Smartphone World
  35. Golden State Warriors, Philips Lighting Bring Oracle Arena Experience Inside Fans’ Homes
  36. Brazil Proposes New Digital Copyright Rules for the WTO
  37. Attention Markets & the Law (Tim Wu)

CREATIVITY

  1. Jeff Koons Parody Defense Fails in French Copyright Infringement Case
  2. Horizon Comics Productions, Inc. v. Marvel Entertainment, LLC
  3. 5 Pointz Graffiti Artists’ Major Win in Suit against Developers, Explained
  4. If you publish Georgia’s state laws, you’ll get sued for copyright and lose: In some states, you can’t read the law without paying a corporation.
  5. Newly Leaked Documents Expose Stunning Waste And Incompetence At The Copyright Office
  6. Another Major Scandal At The Copyright Office: $25 Million ‘Fake Budget’ Line Item
  7. How to make Millennials hate you, The Pepsi Way.
  8. Pepsi Pulls Controversial Kendall Jenner Ad Following Twitter Uproar
  9. How Pepsi Got It So Wrong: Unpacking One of the Most Reviled Ads in Recent Memory: Experts weigh in on the soda-maker’s tone-deaf debacle
  10. Pepsi’s New Ad Is a Total Success: Every feature of the “Jump In” ad benefits the company—even the act of pulling it from the airwaves.
  11. Moral Rights in America: “the only thing we have to fear is…fear itself”
  12. Myths and Legends of Copyright Reform: A New Hope
  13. Bleistein, the Problem of Aesthetic Progress, and the Making of American Copyright Law (Barton Beebe)
  14. The Terminator Comes to Hollywood to Destroy Old Copyright Grants
  15. Canadian Copyright: Year in Review 2016
  16. Deciphering the U.S. NAFTA Digital Demands, Part One: Intellectual Property (Michael Geist)
  17. The Relative Virtues of Bottom-Up and TopDown Theories of Fair Use (Pamela Samuelson)
  18. Monster Energy Attempts To Run From Laughable Trademark Spat It Started With Thunder Beast Root Beer
  19. Brewery Looks To Reform Trademark Practices After Its Lawyers Bully A Pub Over Its Name
  20. Brexit: what might change Intellectual Property
  21. Law review article ‘Defining Hate Speech’ attempts the impossible
  22. Did Reddit’s April Fool’s gag solve the issue of online hate speech?: Nations battled, voids came and went, and one million pixels said a lot about humanity.
  23. The Platform Press: How Silicon Valley reengineered journalism (Emily Bell & Taylor Owen) 

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. Net Neutrality Is Trump’s Next Target, Administration Says
  2. Ajit Pai says broadband market too competitive for strict privacy rules: FCC Chair ignores lack of home Internet competition in argument against privacy rules.
  3. FCC, FTC Bosses Pen Misleading Editorial Falsely Claiming The Best Way To Protect Your Privacy Moving Forward… Is To Gut Net Neutrality
  4. FCC Boss Takes Aim At Efforts To Bring Broadband To The Poor
  5. Fox serves up a fetid reminder that when you’re a star, you can still do anything
  6. Free Market Does What The Court System Could Not: Hurt Bill O’Reilly – This is the PR debacle that pulled the advertiser’s dollars.
  7. Understanding the Role of the BBC as a Provider of Public Infrastructure (Brett Frischmann)
  8. Tweeting #Justice: Audio-Visual Coverage Of Court Proceedings In A World Of Shifting Technology (Itay Ravid)

SURVEILLANCE & PRIVACY

  1. Canadian Appeals Court Says Vice Media Must Turn Over Communications With Source To Law Enforcement
  2. RCMP reveals use of secretive cellphone surveillance technology for the first time: After CBC investigation into suspicious signals in Ottawa, police offer new insight into their own tactics
  3. Taser stuns law enforcement world, offers free body cameras to all US police: Company also changes name to Axon to reflect its primary body-camera product.
  4. Why Warrantless Access to Internet Subscriber Information is Back on the Legislative Agenda (Michael Geist)
  5. Snoops may soon be able to buy your browsing history. Thank the US Congress: Not only did they vote to violate your privacy for their own profit – they are seeking to make it illegal for a key watchdog to protect your privacy online (Bruce Schneier)
  6. Want to Stop Your Internet Provider From Selling Your Browsing Data? It Ain’t Easy
  7. President Trump delivers final blow to Web browsing privacy rules: ISP privacy rules are dead as Trump signs repeal instead of issuing veto.
  8. Trump move to kill privacy rules opposed by 72% of Republicans, survey says: Privacy is partisan for lawmakers, but not necessarily for the rest of us.
  9. Trump’s Internet Brigades Shocked To Realize The Government Just Sold Them Out On Privacy
  10. After vote to kill privacy rules, users try to “pollute” their Web history: “ISP Data Pollution” fills browsing history with noise to protect your privacy.
  11. Tim Berners-Lee: selling private citizens’ browsing data is ‘disgusting’
  12. The NYPD Posed as Black Lives Matter Protesters and Spied on Their Text Messages
  13. Samsung’s Tizen is riddled with security flaws, amateurishly written: Researcher calls it the “worst code [he’s] ever seen.”
  14. ISP privacy rules could be resurrected by states, starting in Minnesota: Minnesota could prevent ISPs from collecting personal data without consent.
  15. Comcast Paid Civil Rights Groups To Support Killing Broadband Privacy Rules
  16. AT&T, Comcast & Verizon Pretend They Didn’t Just Pay Congress To Sell You Out On Privacy
  17. Comcast: We won’t sell browser history, and you can opt out of targeted ads
  18. Congress’s vote to eviscerate Internet privacy could give the FBI massive power
  19. Russia’s hack of State Department was “hand-to-hand” combat: State-sponsored hackers are going increasingly brazen and confrontational.
  20. Wikileaks releases code that could unmask CIA hacking operations: “Marble” libraries include code used to obfuscate—and unscramble— CIA malware.
  21. DOJ Refuses FOIA Request On Emails, Claiming ‘Personal Privacy’
  22. Oversight Committee Finds FBI’s Facial Recognition Database Still Filled With Innocent People, Still Wrong 15% Of The Time
  23. FBI Arrests Creator Of Remote Access Tool, Rather Than Those Abusing It To Commit Crime
  24. How A Little Metadata Made It Possible To Find FBI Director James Comey’s Secret Twitter Account
  25. Smart TV hack embeds attack code into broadcast signal—no access required: Demo exploit is inexpensive, remote, scalable—and opens door to more advanced hacks.
  26. Pennsylvania Court Says Bloggers Protected By Journalist Shield Law; Don’t Have To Reveal Commenter IP Addresses
  27. If A Phone’s Facial Recognition Security Can Be Defeated By A Picture Of A Face, What Good Is It?
  28. Canadian Prosecutors Cut Loose 35 Mafia Suspects Rather Than Turn Over Info On Stingray Devices
  29. Microsoft opens up on Windows telemetry, tells us most of what data it collects: Windows telemetry is getting a lot more transparent.
  30. Privacy, Poverty And Big Data: A Matrix Of Vulnerabilities For Poor Americans (Mary Madden, Michele Gilman, Karen Levy & Alice Marwick)

Jon

 

News of the Week; March 29, 2017

GAMES

  1. Playtonic removes controversial YouTuber JonTron from Yooka-Laylee: “We do not endorse or support JonTron’s personal viewpoints”
  2. JonTron Loses Out On Video Game Role After Racist Rant
  3. JonTron Out As Voice In ‘Yooka-Laylee’
  4. Australian Classication Board reverses Outlast 2 ban: After refusing to rate survival horror game, regulators have now cleared it to launch as R18+ title
  5. Red Barrels made a mistake with Outlast 2 classification: Australian Classification Board’s refusal based on content never intended for game’s final build
  6. Psyonix disapproves of Rocket League gambling: Developer speaks out after betting platform Unikrn adds its hit title to line-up
  7. StarCraft remaster unveiled, and original SD version becomes free-as-in-beer: Original version’s patch to 1.18 will make it free; remastered gameplay revealed.
  8. Take a look at how Blizzard decides which mods live and die
  9. Nintendo Flags YouTuber For Using Switch Sound
  10. GameStop: Switch demand ‘incredibly strong’, Zelda attach rate ‘almost 1:1’
  11. GameStop expects Switch shortages all year: Executives tell investors each shipment sells out in hours, “we’re going to be chasing supply this entire year”
  12. UK retailer GAME blames falling profits on lacklustre console sales
  13. Twitch to start selling video games this week
  14. Super Mario Run revenue fell short of expectations, says Nintendo
  15. Nintendo disappointed by Super Mario Run revenues: However, company says it still prefers pay-once model to free-to-play formulas like the one used in Fire Emblem Heroes
  16. PS4 is clear leader in media coverage despite Switch hype: According to ICO Partners, Switch is seeing around 40% of the coverage that Sony’s console gets on a weekly basis
  17. Overwatch League could bring in $720 million annually – Analyst: Most bullish scenario from Morgan Stanley researchers puts game’s eSports revenues on par with WWE, 20% larger than MLS
  18. Blizzard’s Overwatch League could see $100M in its first year, says analyst
  19. Boston Celtics Co-Owner Wyc Grousbeck: ‘There Will Be An eCeltics’
  20. The Future of Sport—An eSports Epiphany
  21. British Esports Association: ‘Esports Is Not A Sport, But A Credible Activity’
  22. Hearthstone is killing itself – Superdata: Research firm’s monthly digital revenue report says Blizzard’s card game hits new low on mobile as worldwide digital sales growth slows
  23. BioWare Releases Statement On Mass Effect: Andromeda Criticism, Says Improvements Are Coming: “We’ve received quite a bit of feedback, some of it positive and some of it critical.”
  24. Mad Catz to be delisted over “abnormally low” share price: NYSE has already started a process, and Mad Catz does not intend to appeal
  25. Four years later, Xbox exec admits how Microsoft screwed up disc resale plan: Compare and contrast with Mehdi’s marketing push for the plan back in 2013.
  26. Mobile Games’ Booming Market: Opportunity for Hollywood and IP Owners
  27. Devs can now reply directly to user reviews on the Apple App Store
  28. The strange case of the phantom Pokemon: In August 2016, a woman claimed to have been attacked by a real Pokemon. Her terrifying hallucination reveals the mysterious ‘twilight zone’ between waking and sleep — a strange state of consciousness that may also lie behind various phenomena, from the Salem Witch Trials to alien abductions. Psychologist Matthew Tompkins explains.
  29. Roam free: A history of open-world gaming – You know the violence, but there were text-adventures, skiing, space, and ants(!) too.
  30. The Video Game That Claims Everything Is Connected: Instead, it shows how individual and unique things really are.
  31. Pokemon, Halo, and Donkey Kong among 2017 World Video Game Hall of Fame finalists
  32. Check out the handwritten game design doc for Asteroids
  33. 1975-2015 – Building a timeline of computer and video game history

DIGITAL

  1. Supreme Court Says You Can Copyright Elements Of ‘Useful Articles’ — Which May Spell Disaster For 3D Printing & More
  2. Victory for Varsity! But Also for Fashion? Supreme Court Rules in Star Athletica v. Varsity Brands
  3. Ruffled feathers or serious harm? Controversial UK personality sued for libellous tweets 
  4. Man sentenced to 3 years for Facebook threat to kill Obama loses appeal
  5. Judge: eBay can’t be sued over seller accused of patent infringement
  6. Will the Supreme Court end the East Texas patent scam?: Tech companies and interest groups seek to alter the geography of litigation.
  7. Supreme Court Won’t Hear Case About Copyright Protection Of Pre-1972 Sound Recordings
  8. Supreme Court of Canada to address jurisdiction issues in online defamation case
  9. CD, DVD pirate sentenced to 5 years in prison: FBI investigated piracy ring with assistance from the RIAA and MPAA.
  10. In settlement, app makers change their tune on health benefits and privacy: NY Attorney General says three popular app makers over promised and misled.
  11. Consumer Law Group announces the filing of a Canadian class action against Amazon for the collection of undue sales tax
  12. Streaming Video Competition Slowly Begins Killing The Bloated, Pricey Cable Bundle
  13. Big US companies pull YouTube ads after extremist content sparks uncertainty: The ads might not have run over hateful videos, but they’re not taking any chances.
  14. YouTube’s Better-Than-TV Pitch Undermined by Offensive Video
  15. YouTube faces exodus of advertisers: Latest example highlights hidden perils of online ads.
  16. AT&T, Verizon Feign Ethical Outrage, Pile On Google’s ‘Extremist’ Ad Woes
  17. Google and Facebook Can’t Just Make Fake News Disappear: Fake news is too big and messy to solve with algorithms or editors — because the problem is….us.
  18. Trolling Scholars Debunk the Idea That the Alt-Right’s Sh**posters Have Magic Powers: Asserting that alt-right “trolls” were a deciding factor in Trump’s victory minimizes the broader trends that amplified their influence. (Whitney Phillips, Jessica Beyer & Gabriella Coleman)
  19. We’ve Heard All about Fake News—Now What?
  20. Tell California Assembly Not To Ignore The First Amendment As It Tries To Ban Fake News
  21. Real Talk About Fake News
  22. Facebook Officially Toying With Snap Stock Price Like A Sadistic Cat Playing With A Captured Mouse
  23. Elon Musk is setting up a company that will link brains and computers: The ultimate goal would be a “neural lace” to enhance people’s cognitive abilities.
  24. Germany’s Flawed Plan to Fight Hate Speech by Fining Tech Giants Millions
  25. Netflix: The Monster That’s Eating Hollywood: The streaming-video service is hogging talent and pushing up prices, spurring pushback from rival TV producers who once saw it as a partner; 70 new titles this year
  26. Tractor Owners Using Pirated Firmware To Dodge John Deere’s Ham-Fisted Attempt To Monopolize Repair
  27. Guy Who Wants Everyone To Believe He Created Bitcoin, Now Patenting Everything Bitcoin With An Online Gambling Fugitive
  28. How AI Can Aid Authoritarians—And How Humans Fight Back: Hidden algorithms reflect and amplify racism and other human biases, but researchers hope to fix them
  29. Google reportedly removing SMS texting from Hangouts on May 22: But Google Voice users won’t be affected as much.
  30. The Death of Advertising: And what will rise from its ashes.
  31. Creativity and the Internet
  32. In Support of Untargeted Ads
  33. Kerr: What if your ‘doctor’ were a robot? How Artificial Intelligence is challenging our ethics
  34. Australian Govt.: Just Kidding On That Whole Safe Harbors Reform Thing, Guys
  35. What Would a Digital Economy-Era NAFTA Mean for Canada? (Michael Geist)
  36. On computational ethics: Is it possible to imagine an AI that can compute ethics?
  37. Whack a Meme: Is It Possible to Contain (Let Alone Stop) the “Crying Jordan”?
  38. Man who claims he invented e-mail is now running for US Senate: Shiva Ayyadurai, who sued the Techdirt blog for libel, will run in Massachusetts.
  39. Intel is keeping Moore’s Law alive by making bigger improvements less often

CREATIVITY

  1. Supreme Court Clarifies Test For Determining Whether Designs On Useful Articles Are Eligible For Copyright Protection: Star Athletica, L.L.C. v. Varsity Brands, Inc.
  2. Supreme Court Clarifies Copyright Eligibility for Useful Articles
  3. Supreme Court Seeks to Clarify Copyrightability of Design Features on Useful Articles in Cheerleading Uniform Case
  4. Supreme Court Resolves Split on Design Copyright Eligibility
  5. Supreme Court Finds Cheerleading Uniform Designs Copyrightable
  6. Cheering on the Fashion Industry: U.S Supreme Court Issues Landmark Copyright Decision That Will Have Deep Implications for Fashion and Sports Industries
  7. More Financial Scandals Involving A Collecting Society: Remind Me Again Why They Are Credible Representatives Of Artists?
  8. The Future of Copyright post Brexit
  9. GS Media and its implications for the construction of the right of communication to the public within EU copyright architecture: a new article
  10. Your Periodic Reminder That Initial Interest Confusion Lawsuits Are Stupid–Epic v. YourCareUniverse
  11. Archie Comics Is Trying to Trademark the Cute Couple Names for Betty and Jughead
  12. Broadway Play Changes Set Design Over Cafe Trademark Threat And, No, That Doesn’t Make Any Damned Sense
  13. Does “Raiders Fancast” Infringe the “Fancaster” Trademark? (Eric Goldman)
  14. Trademark Lawsuit Claiming Organic Search Results Create Initial Interest Confusion Falls Apart–Larsen v. Larson (Eric Goldman)
  15. Higher Costs Likely to be the Norm in Federal Court IP Cases
  16. Social Media Erupts as the Art World Splits in Two Over Dana Schutz Controversy: The art world is not a monolith, social media posts reveal.
  17. “Fearless Girl” Sculpture Near Wall Street Prompts Copyright Allegation That is More Bull than Bear 
  18. Hugo, Inc.: Les Misérables was born of one of the riskiest—and shrewdest—deals in publishing history.
  19. Why Hollywood As We Know It Is Already Over
  20. Bibliodiscotheque: Array of Events Planned to Celebrate Disco Culture (Library of Congress)
  21. Extremist Speech and Compelled Conformity (Danielle Keats Citron)

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. Germany wants to regulate a 24-hour livestream as a broadcaster: Running a non-stop Twitch channel could be expensive.
  2. Consumer Broadband Privacy Protections Are Dead
  3. Senate votes to let ISPs sell your Web browsing history to advertisers: ISP now stands for “invading subscriber privacy,” Democratic senator says.
  4. U.S. Senate Approves Resolution to Repeal FCC’s Broadband Privacy Rules; Resolution Heads to U.S. House of Representatives for Consideration
  5. Congress Just Voted To Kill Consumer Broadband Privacy Protections
  6. How ISPs can sell your Web history—and how to stop them: How the Senate’s vote to kill privacy rules affects you.
  7. No, You Can’t Buy Congress’s Internet Data, Or Anyone Else’s
  8. With U.S. Retreat from Online Privacy, Canada Needs to Safeguard the Internet in NAFTA Talks (Michaele Geist)
  9. AT&T/DirecTV give in to government demands in collusion lawsuit settlement: Customers lost when pay-TV companies illegally shared information, DOJ says.
  10. AT&T Settles With DOJ Over LA Dodgers Channel Collusion Allegations
  11. In New CASL Case, CRTC Sends $15,000 Message 
  12. FCC to halt expansion of broadband subsidies for poor people: Pai won’t approve new applications, drops court defense of Lifeline broadband order.
  13. Netflix Is No Longer Worried About Net Neutrality Now That It’s Massive And Successful
  14. Does a sales tax on Uber pave way for a ‘Netflix tax’ in Canada? Probably
  15. Cable retransmission within reception area copyright free?!
  16. Alex Jones Apologizes For Pizzagate Coverage, Blames Other Media Outlets
  17. Charter promises Trump a broadband push, but no extra Internet connections: Charter’s $25 billion promise is vague and includes stuff it already planned.
  18. Warner Bros., Trademark Lawyers Target “Golden Ticket” Beer Brand

SURVEILLANCE & PRIVACY

  1. Key priorities of the Privacy Commissioner of Canada in 2017
  2. Fixing PIPEDA: My Appearance Before the Access to Information, Privacy & Ethics Committee (Michael Geist)
  3. Appeal court says reporter must hand over material to RCMP
  4. Secretly recorded Planned Parenthood tapes barred from publication: Two activists criminally charged with allegedly violating privacy of people filmed.
  5. Oculus’ VR Privacy Policy Serves the Needs of Facebook, Not Users
  6. Whistleblower Says UK Police Worked With Hackers To Access Activists’ Email Accounts
  7. Someone is putting lots of work into hacking Github developers: Dimnie recon trojan has flown under the radar for three years… until now.
  8. Doxed by Microsoft’s Docs.com: Users unwittingly shared sensitive docs publicly: Thousands of docs with sensitive data still reachable from search engines, including health data.
  9. Vizio Must Face VPPA Suit Over Smart TVs, Court Rules
  10. Dish Network Seeks New Trial After $20 Million TCPA Jury Verdict
  11. US Senate votes to let internet providers share your web browsing history without permission: Just what no consumer asked for
  12. Encryption Workarounds Paper Shows Why ‘Going Dark’ Is Not A Problem, And In Fact Is As Old As Humanity Itself
  13. Google takes Symantec to the woodshed for mis-issuing 30,000 HTTPS certs 
  14. NY Senator Pulls Sponsorship From ‘Right To Be Forgotten’ Bill, Effectively Killing It
  15. NSA Official Says It Might Have Been Nice If The Agency Had Handled The Public Disclosure Of The Section 215 Program
  16. Judge rules in favor of “Drone Slayer,” dismisses lawsuit filed by pilot: Is it trespassing if you fly over your neighbor’s land? The answer remains unclear.
  17. Cybersecurity and the Yahoo experience – Legal pays the price
  18. Goldilocks and the Interactive Bear: The Privacy Nightmare 
  19. “Samsung Connect” wrangles all the insecure Things in your Internet of Things: Controlling your home—or the security-nightmare “smart” parts of it—with your voice.

Jon

News of the Week; March 22, 2017

GAMES

  1. Appeals Court Affirms Rejection of Gambling Claims Against Machine Zone
  2. A real win for a virtual casino: game developer avoids class action liability under gambling loss recovery statute
  3. Blizzard files for $8.5m in damages from Bossland: Motion for default judgement filed after German cheatbot company failed to comply with court’s request for response
  4. Nintendo seals victory in 3DS tech lawsuit
  5. Nintendo says “Mama Mia!” to Tokyo’s Real-Life Mario Kart
  6. Australian senator urges censors to “leave gamers alone”: Denying Outlast 2 a certificate sends a message of “censorship, disapproval and discouragement”
  7. Australia’s restrictive video game ratings discourage innovation, says senator
  8. As white nationalism grows, how are Jewish game developers responding?
  9. Unlicensed eSports gambling sites are “parasites feeding off popular video games”: UK Gambling Commission’s official paper gets tough on rise of skin gambling in eSports
  10. Inside The Unregulated And Scam-Filled World Of Video Game Betting
  11. YouTube’s restricted mode is hurting video game channels and LGBT content creators
  12. YouTube Just Made Its Biggest Bet Yet on E-Sports
  13. Esports ‘set for £1bn revenue and 600 million audiences by 2020’
  14. Sacramento Kings, Miami Heat, Cleveland Cavaliers Discuss New NBA 2K eLeague
  15. Toronto Raptors Planning To Be On ‘Ground Floor’ Of New NBA 2K eLeague
  16. NHL sizing up eSports opportunity: Commissioner Gary Bettman envisions something like the NBA 2K eLeague, with each team running its own gaming squad
  17. Experts say publisher involvement is key to effective eSports regulation
  18. Facebook takes on Twitch with its own live gameplay streaming: Social network has expanded its Facebook Live functionality to PC software
  19. Escape To Another World: As video games get better and job prospects worse, more young men are dropping out of the job market to spend their time in an alternate reality. Ryan Avent suspects this is the beginning of something big
  20. BioWare: “Attacking individuals is never acceptable” – Mass Effect dev disputes false reports after woman is harrassed over Andromeda animations
  21. Game developers react to abusive tweets by donating to Girls Make Games: Positive fallout from recent Mass Effect: Andromeda attacks
  22. Hard-to-find Nintendo Switch sees 47% resale markup: $300 system selling for up to $810 on eBay.
  23. Nintendo set to double Switch production – report: Total raised to 16 million units for next fiscal year, on expectation of 10 million sales
  24. Report: Nintendo plans to double Switch production for coming year: Shipping 16 million units in 12 months would approach Wii-level numbers.
  25. Why Breath Of The Wild Is The Future Of Blockbuster Games
  26. Zelda: Breath Of The Wild Easter Egg May Pay Tribute To Late Nintendo President Saturo Iwata
  27. Nintendo increasing US Switch shipments: GameStop confirms new stock inbound this week, although not enough for online sales
  28. Switch “could possibly eclipse” Wii – GameStop: Specialty retailer rep says Nintendo’s latest has phenomenal start, soaring attach rates for games and accessories
  29. Tencent cleared $10 billion game revenue in 2016: Chinese company pulls away from rival publishers with new and old hits and Supercell acquisition
  30. Tencent grows online game business, makes gains in mobile
  31. EVE Online devs cause a kerfuffle over in-game currency revamp
  32. The worldwide console market shrank by 2.5 percent in 2016
  33. A taste for Adventure: TIGA CEO Dr Richard Wilson considers new data on which genres UK developers specialise in
  34. Zynga buys four Solitaire games for $42.5 million: Harpan’s two-man team is richly rewarded for its social card titles
  35. House of cards: Zynga splashes $42.5M on solitaire apps
  36. Why A Secretive Company Wants To Make A Smartphone For Gamers
  37. The sorry saga of the crowdfunded Sinclair Vega+ console
  38. How Forza overtook Need for Speed to become the world’s biggest racing IP: Playground and Turn10 directors discuss where the series goes from here
  39. Proposed presidential budget cuts could hurt game development and education
  40. Oculus spending $500M+ on funding VR devs because ‘we don’t want this to take decades’
  41. Oculus not doing developers a service, says HTC Vive: Rikard Steiber and Joel Breton explain the HTC Vive approach to VR, which differs quite a bit from Oculus
  42. Netmarble to raise $2.4 billion with an IPO: Around $1.3 billion will be used for deals and acquisitions as Korean publisher strides towards global top five
  43. Ed Fries uncovers earliest known arcade game Easter egg in Starship 1

 

News of the Week; March 15, 2017

GAMES

  1. Gamer’s Death Pushes Risks of Live Streaming Into View
  2. John Carmack: ZeniMax owes me $22.5M as part of 2009 id Software deal: “Sour grapes is not an affirmative defense to breach of contract.”
  3. John Carmack sues ZeniMax for $22.5m from id Software deal: Oculus CTO alleges “sour grapes” as ZeniMax refuses to pay due to the findings of its Oculus VR lawsuit
  4. Oculus CTO John Carmack is suing Zenimax for $22.5M
  5. Oculus VR breach of contract suit dismissed: Total Recall Technologies’ charges against Palmer Luckey thrown out by Californian court
  6. Oculus in the clear of TRT confidentiality lawsuit
  7. Facebook may one day have no need for Oculus
  8. CITY OF HEROES for Clothing Confusable with Same Mark for Video Games, Says TTAB 
  9. China will ban new Korean games from being published – report: Controversial THAAD missile system has sparked a crackdown on Korean products of many kinds
  10. How emulation helped save two video game rarities: Primal Rage 2, Dreamcast’s Millennium Racer are now preserved for history.
  11. Go Cyber Shopping ordered to stop its activities and pay a $12.7 Million award for selling game copiers and mod chips for Nintendo game systems
  12. Nintendo Switch Has Huge Launch At GameStop, Retailer Says
  13. Nintendo Switch has sold 1.5m worldwide – SuperData: And 9 out of 10 Switch owners bought Zelda with it
  14. Kinda Funny’s Colin Moriarty resigns following controversial tweet: Prominent games media figure was under fire over comments widely regarded as sexist
  15. The Future of Sports is Virtual
  16. Washington D.C. pushing to be “the capital of eSports”: U.S. city now sponsors NRG Esports, will host live events in new $65 million stadium
  17. eSports YouTube star and business partner prosecuted for operating and promoting an unlicensed gambling website 
  18. Why the CIA is using games to train its operatives: “The greatest power of simulation games is that players have to operate these games themselves and know the rules.”
  19. PlayStation Now to add PS4 games: Streaming service will expand catalog to current-gen console later this year
  20. Sony will soon let console haters get their PS4 fix on Windows PCs: Starting with “private test”; we have good guess for PlayStation Now’s upgrade date.
  21. Tencent topped mobile revenue charts in 2016 – App Annie: Supercell loses the top spot to Tencent, NetEase climbed six places to finish in third for the year
  22. An Epic shift to games-as-a-service: Unreal maker’s worldwide creative director Donald Mustard discusses how changing business models upend the way competition works
  23. Australian political party promises $4m games development fund: The Greens plans to “level up Western Australia” after this week’s state election
  24. How to Protect Your Online Games in China
  25. “Mobile PR doesn’t follow the same path as traditional gaming”
  26. The Good and Bad of a Decentralized Game Industry
  27. What it’s like making games in Pakistan: From indie political games to mainstream outsourcing
  28. War Child Armistice campaign raises $122k through game devs: Positech Games, Wargaming, iNK Stories and BlackMill Games created peaceful playthroughs for the charity
  29. Permission to cheat
  30. Video: A legal expert’s guide to IP law for game devs

DIGITAL

  1. How the Internet Is Saving Culture, Not Killing It (Farhad Manjoo)
  2. Kodi crackdown: Premier League wins High Court order to block illegal streams – Sky, TalkTalk, BT, and Virgin will block servers that host pirated footie games.
  3. UK ISPs to block set-top boxes that illegally live-stream soccer matches: Premier League wins court injunction requiring server-level blocking.
  4. UK Court Grants First Live Blocking Order To Stop New Infringing Streams As Soon As They Start
  5. First live blocking order granted in the UK
  6. UK Local Government Confirms Surprising EU Position That Viewing Pirated Streams Probably Isn’t Illegal
  7. Political Polarization On Twitter Rose Up To 20 Percent In Obama Era: An analysis of 679,000 users over last year 8 years shows how we’re becoming more divided online
  8. The social media “echo chamber” is real
  9. Active social media users are self-segregated and polarized in news consumption.
  10. Facebook—in hate-crime clash with MPs—claims it’s “fixed” abuse review tool: Lawmaker accuses Twitter, Google, and Facebook of “commercial prostitution.”
  11. Technology To Blame For Nearly All Serious Crimes: Europol – The main police agency of the EU says its officers need to get more tech-savvy, too
  12. Tech’s political impact? “14 people watch me on C-SPAN… 1M on Facebook” – Senator: Social media sites aren’t bad or good—ceding them to hate is the problem.
  13. How To Improve Online Comments: Test Whether People Have Read The Article Before Allowing Them To Respond
  14. Tim Berners-Lee: I invented the web. Here are three things we need to change to save it – It has taken all of us to build the web we have, and now it is up to all of us to build the web we want – for everyone
  15. We didn’t lose control – it was stolen: The Web we have is not broken for Google and Facebook. People farmers are reaping the rewards of their violations into our lives to the tune of tens of billions in revenue every year. How can they possibly be our allies?
  16. Biotyranny and its Resistance: Who Owns Your Body?: Inspired by Foucault, Chelsea Manning and techniques like gene editing, artists and activists are taking back power over our bodies from governments and corporations.
  17. AI’s PR Problem: Had artificial intelligence been named something less spooky, we’d probably worry about it less.
  18. Germany May Fine Social Media Companies For Allowing Hate Speech: New bill could make Facebook and Twitter pay for not policing their platforms
  19. Facebook and Twitter Could Face Fines in Germany Over Hate Speech Posts
  20. Watch what you tweet! ‘Serious harm’ test clarified
  21. Prenda May Be Dead, But Copyright Trolling Still Going Strong
  22. The Kim Dotcom film: How to avoid a trial for 5 years and counting: Dotcom’s showmanship throws a small democracy for a loop.
  23. Ed Sheeran: Piracy Is What Made Me
  24. Ed Sheeran intervenes for fan, saying he will sort out Facebook copyright ban
  25. ‘I Don’t See A YouTube Value Gap. Over 45% Of Our Revenue From The Platform Is From UGC’
  26. Google’s Uptime App Promotes Collaborative YouTube Viewing
  27. How YouTube TV stacks up against DirecTV Now, PlayStation Vue, and Sling TV: Google entered TV streaming with a feature-rich service at an aggressive price.
  28. Bad Libel Law Strikes Again: Silly UK Twitter Spat Results In Six Figure Payout
  29. Oil Company Files Bogus Libel Lawsuit Over ‘Substantially True’ Facebook Comment By Local Activist
  30. Man behind GemCoin, a fake cryptocurrency, settles lawsuit for $71M – Judge: “Defendant has shown no sign of recognition of wrongdoing.”
  31. Study: U.S. Ad-Supported Internet Generated $1.21 Trillion, 10.4 Million Jobs In 2016
  32. Insights: How Snapchat Is Changing The Way The Web Works And Looks
  33. Samsung Shut Out Of Arbitration In Recent Consumer Class Actions
  34. EU Parliament Report Recommends Throwing Out Something Even Worse Than The Link Tax: Upload Filtering
  35. Uber an avatar of innovation and progress? The economic evidence says otherwise.
  36. Uber says it will stop using Greyball to evade authorities: Uber’s chief security officer says the changes won’t be immediate but gradual.
  37. Uber’s Going To Follow The Rules Now, Uber Says: The company, bombarded with bad press, has stopped digging in its heels about certain high-profile issues
  38. Sharing Economy Giants Are Using Data To Build “The Taking Economy,” Study Warns: Information imbalances benefitting Uber and other services might need new solutions.
  39. Google tops Fortune’s 100 Best Companies to Work For: Tech giant tops list that also features NVIDIA at 39 and Activision Blizzard at 66
  40. Report: Lack of Mentors, Female Role Models Top List of Barriers Facing Women in Tech
  41. Why Is Silicon Valley So Awful to Women?: Tech companies are spending hundreds of millions of dollars to improve conditions for female employees. Here’s why not much has changed—and what might actually work.
  42. Yahoo to give Marissa Mayer $23 million parting gift after sale to Verizon: Mayer will leave as what remains of Yahoo becomes Altaba holding company.
  43. Marissa Mayer Getting $23 Million For Running Yahoo Into The Ground
  44. S.E.C. Rejects Winklevoss Brothers’ Bid to Create Bitcoin E.T.F.
  45. US Regulator Makes Important Decision About Bitcoin Derivatives
  46. Vice Media Will Produce Original, Exclusive Programming for Snapchat
  47. Hologram Sports Broadcasts Of Olympics Competition Being Considered By IT Provider Atos
  48. Facebook Scores Major League Soccer Streaming Deal, Continuing Push Into Premium TV Content
  49. Facebook signs deal with MLS, Univision to stream live soccer games: Games that were previously Spanish-only will be streamed in English on Facebook.
  50. The optimist’s guide to the robot apocalypse
  51. A Robot Lawyer Is Officially Assisting With Refugee Applications
  52. Canadian firms can’t use social media to report key information, CSA rules
  53. Software results in mistaken arrests, jail time? No fix needed, says judge: “Clerical errors… will occur regardless of the case management system used by the court.”
  54. One Day You Might Choose The Ending To A Netflix Show: The company experiments with interactive storytelling technology
  55. Wowing and washable: Google’s smart jacket wears and works well at first glance: “Blinking on your jacket is uncool”—luckily this looks the part while having its brains.
  56. Common Ethical Issues To Consider When Researching Jurors And Witnesses On Social Media
  57. Why China’s internet use has overtaken the West
  58. Advertising in Windows has reached an exasperating new low
  59. ICANN’s Special Privileges for Trademark Owners are The.Worst
  60. Trademarks and Digital Goods (Mark P. McKenna & Lucas Osborn)
  61. Are Algorithms In Tune With Music?: What impact do algorithms have for music curation and creation? 

CREATIVITY

  1. Canada Says It Won’t Attend Special 301 Hearing Because USTR Prefers Industry Allegations To Facts And Data
  2. Is Blacklock’s Now Engaging in a Strategy of Start, Stay and Delay? (Howard Knopf)
  3. French court finds Jeff Koons guilty of copyright infringement
  4. When Morality and Copyright Collide
  5. Copyright: the right to exploit vs the right not to exploit
  6. Concordia University caught on the wrong side of copyright
  7. Who is on the Wrong Side?: Why the Copyright Mistake at Concordia Highlights the Problems with Collective Licensing (Michael Geist)
  8. Yes We Scan: Why Concordia Should Not Shelve Its Book Scanner (Michael Geist)
  9. Breaking News: OUP and other Publishers Withdraw Copyright Suit Against Delhi University and Photocopier
  10. Photocopying Textbooks Is Fair Use In India: Western Publishers Withdraw Copyright Suit Against Delhi University
  11. UC Berkley To Remove More Than 20,000 Online Videos From Public Access In Response To DOJ Captioning Demand 
  12. Get back to whom you once belonged: Paul McCartney seeks to reclaim ownership of music catalog through interesting provision of copyright act 
  13. ‘Fake news’: the best thing that’s happened to journalism – Fake News has upset a lot of people and caused real damage but it’s been good news for journalism analysts like me. I’ve never had more interest in a media issue than this. I’ve never been busier talking and researching a topic and it’s consequences. Here are some notes that I use when I give talks about fake news.
  14. How South Korea’s Fake News Hijacked a Democratic Crisis
  15. Trump ‘Fake News’ Story Punished In Tanzania: A Tanzanian news outlet suspended nine people after airing a false story claiming that Trump thought its president was an “African hero.”
  16. Fixing Fake News Won’t Fix Journalism: Scammers have become a scapegoat for the ailing press. What we really need is a deeper fix.
  17. This Article Won’t Change Your Mind: The facts on why facts alone can’t fight false beliefs
  18. SXSW has rescinded its incendiary immigration policy after a huge backlash
  19. When Art Meets Power
  20. Ad Agencies And Accountability
  21. China Busily Approving ‘Trump’ Trademarks With Stunning Speed
  22. Judge Allows for Possibility “Marilyn Monroe” Is Too Generic for Trademark
  23. No Photographs, Please, We Are French
  24. The Role Insurance Can Play in Your IP Strategy
  25. In liberal Hollywood, a conservative minority faces backlash in the age of Trump
  26. Are Black Brits Black Enough to Play Black Americans?: Samuel L. Jackson questioned the casting of black British actors in American roles on Hot 97 earlier this week, but his comments neglect both shared history and the reality of Britain’s entertainment industry
  27. The Fate Of The Critic In The Clickbait Age
  28. Pi(e) Is Not Protected By Copyright Laws
  29. Music as a Matter of Law (Joseph Fishman) 

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. For the first time, more people subscribe to Netflix than have DVR: The streaming service has dramatically changed how Americans watch TV.
  2. The Cord Cutting The Cable Industry Says Isn’t Happening, Keeps Happening
  3. USAToday Latest News Outlet To Completely Miss The Point Of Cord Cutting
  4. New York City Sues Verizon For Fiber Optic Bait And Switch
  5. 1 million NYC homes can’t get Verizon FiOS, so the city just sued Verizon: Verizon wants another four years to cover remaining 1 million households.
  6. Is There Any Rhyme or Reason for Which TV Networks are Included in Skinny Bundles?
  7. Net neutrality hurts health care and helps porn, Republican senator claims: Does the senator’s argument make any sense? Let’s look at the facts.
  8. Senate Democrats question FCC chair’s independence from Trump: Dems want promise that Pai won’t “penalize free speech” to punish Trump enemies.
  9. Net neutrality DOA? Here’s what’s next for the internet
  10. On Eve of Broadband Privacy Rule’s Effective Date, FCC Pauses Implementation 
  11. AT&T allegedly “discriminated” against poor people in broadband upgrades: “Digital redlining” leaves poor people with the slowest Internet, report says.
  12. In Dodging FCC Review, AT&T’s Time Warner Mega-Merger Just Got Much Easier Under Trump
  13. FCC Chairman Ajit Pai Interview: Media Ownership Rules ‘Quite Antiquated’
  14. After escaping net neutrality probe, Verizon expands data cap exemptions: With net neutrality worries gone, FiOS TV goes “data-free” on Verizon Wireless.
  15. DirecTV’s ‘Regional Sports Fees’ Make No Coherent Sense, Company Won’t Explain Why
  16. Mayors slam AT&T for slow Internet, long phone outages: “AT&T has reneged on its responsibility to customers,” mayor says.
  17. Will The Investigation Into Fox News Be Blunted Now That Preet Is Gone
  18. Hannity pretends Crowley didn’t plagiarize: Are Monica Crowley and Sean Hannity in denial about Crowley’s plagiarism? Brian Stelter says Hannity hurts his viewers by ignoring real reporting.
  19. Law School vs. TV Station: Showdown Over Racial Bias Questions
  20. When times get tough, media consolidates. Tech? Not so much.: Code Advisors partner Quincy Smith talks with Recode’s Kara Swisher about the state of M&A on Recode Decode.
  21. Compliance and Enforcement Decision CRTC 2017-65: William Rapanos – Violations of Canada’s Anti-Spam Legislation
  22. Google Fiber Was Doomed From the Start: The internet access answer won’t come from private markets, but rather from policies that make for competitive networks. (Susan Crawford)
  23. Amendments to the Films Act and the Broadcasting Act (Singapore)

SURVEILLANCE & PRIVACY

  1. US charges two Russian agents with ordering hack of 500m Yahoo accounts: Russian law enforcement agency that works with FBI hired Yahoo hackers.
  2. Russian Agents Were Behind Yahoo Hack, U.S. Says
  3. Are White House Officials Breaking the Law by Using Secret Messaging Apps
  4. Secretary of State Tillerson used e-mail alias as Exxon CEO: Climate change investigation leads New York AG to request “Wayne Tracker” e-mails.
  5. Privacy commissioner investigating Canada Border Services Agency over electronic media searches
  6. High Court reserves judgment in Facebook case: Data watchdog wants EU court to decide on European Commission data-transfer rulings
  7. Constitution Protects Publication of Politicians’ Home Address/Phone Number–Publius v. Boyer-Vine (Eric Goldman)
  8. Advertisers look forward to buying your Web browsing history from ISPs: Ad groups thank Republican lawmakers for move to kill ISP privacy rules.
  9. NY Legislators Looking At Installing A Free Speech-Stomping ‘Right To Be Forgotten’
  10. French Government Adopts Long-Awaited Decree Compensating ISPs for HADOPI-relatedTasks
  11. the internet of (very private) things (Brenda Pritchard)
  12. Maker of ‘Smart’ Vibrators Settles Data Collection Lawsuit for $3.75 Million
  13. Vibrator maker ordered to pay out C$4m for tracking users’ sexual activity: Canadian manufacturer We-Vibe collected data about temperature and vibration intensity, revealing intimate information without customers’ knowledge
  14. Judge Rules For Golden State Warriors, Dismisses Eavesdropping App Lawsuit
  15. FBI’s methods to spy on journalists should remain classified, judge rules – Reaction: “It is antithetical to a democracy that supposedly values a free press.”
  16. US spies still won’t tell Congress the number of Americans caught in dragnet: Electronic surveillance programs Prism, Upstream hang in the congressional balance.
  17. Despite Stream Of Leaks Exposing Tremendous Gov’t Surveillance Capabilities, James Comey Still Complaining About ‘Going Dark’
  18. Congressman Introduces Bill That Would Allow People And Companies To ‘Hack Back’ After Attacks
  19. Controversial ‘Vigilante’ App Relaunches To Help People Go Film Police
  20. Tobii Recommends Explicit Consent for Recording Eye Tracking Data
  21. Threat via Whisper prompts FBI to show up: “holy **** I’m… going to get raided”: Seriously, don’t post violent threats on “anonymous” messaging apps.
  22. There were more device searches at US border last month than all of 2015: CBP has not answered Ars’ questions; ACLU has heard no explanation.
  23. Digital Privacy at the U.S. Border: Protecting the Data On Your Devices and In the Cloud
  24. Big data to get intellectual property protection in Japan: Companies would be freer to sell information they now collect and hoard
  25. Consumer Reports Proposes Open Source Security Standard To Keep The Internet Of Things From Sucking
  26. DeepMind says no quick fix for verifying health data access
  27. Data Mining for Personally Targeted Politics
  28. Judge Grants Search Warrant Demanding Info On Everyone Who Searched For A Certain Person’s Name
  29. Geohot’s new automated-driving device can only be redeemed by coughing up data: Answers questions about NHTSA letter from October, Tesla snafu.
  30. Consumer protection & privacy paramount at the FTC Forum on Artificial Intelligence (AI) and Blockchain

Jon

News of the Week; March 8, 2017

GAMES

  1. Canadian DMCA in Action: Court Awards Massive Damages in First Major Anti-Circumvention Copyright Ruling (Michael Geist)
  2. Nintendo Of America Inc. v. Jeramie Douglas King And Go Cyber Shopping (2005) Ltd. (Federal Court of Canada March 1, 2017)
  3. Nintendo Awarded $12.7 million for Circumvention of Technological Protection Measures in Precedent-Setting Case
  4. Nintendo awarded $9.5M in case against flashcart distributor
  5. Nintendo claims victory in Canadian case over mods: 3DS maker lauds $12.76 million judgment against Waterloo-based distributor of mod chips and flash carts
  6. TPMs Are Alive and Well: Canada’s Federal Court Awards Nintendo $12.7-million in Damages 
  7. Canadian Court Chips Away At Anti-Circumvention Exceptions In Massive Win For Nintendo
  8. Riot awarded $10 million following lawsuit against LeagueSharp
  9. Riot Games wins $10 million in LeagueSharp suit: League of Legends cheat service is now under Riot’s control
  10. Digital Homicide’s $10 Million Lawsuit Against Game Critic Gone
  11. Ghost Recon lands Ubisoft in trouble with Bolivian government: Wildlands sparks diplomatic incident over depiction of drug problem, with possibility of legal action
  12. Ghost Recon Wildlands’ portrayal of Bolivia prompts government complaint
  13. Bolivia Initiates Diplomatic Action With France Over Portrayal In Fictional Video Game
  14. US giant, Valve Corporation, fined over $US2 million for its no refund policy
  15. Elite: Dangerous crowdfunding campaign reinstated after copyright flap – Spidermind Games’ crowdfunding campaign back in business, closes Wednesday morning.
  16. Nintendo Switch launches into a storm of expectations: Nintendo’s strategy for its new console is both familiar and brand new; as a result, there are many confused and even conflicting expectations for its first year
  17. Nintendo Switch to sell 5 million in 2017 – SuperData: “Investors are looking for a solid win by Nintendo that at least approximates the success of the Wii”
  18. Nintendo’s U.S. chief responds to our biggest gripes about the company’s new console
  19. Switch will get streaming media “in time”: Nintendo of America president says company in talks with Netflix, Hulu, and Amazon, launch focus was on system as a gaming device
  20. Nintendo says dead Switch pixels are “normal,” which isn’t wrong: Industry standards and LCD makers’ warranties generally allow for some leeway.
  21. Don’t read too much into the Switch’s successful launch numbers: Strong opening weekend is necessary, but not sufficient, for long-term success.
  22. Indies on Nintendo: “We’ve been treated like royalty” – Is the Switch a new home for indies? We speak with Nintendo and multiple developers about the platform’s appeal
  23. Oculus drops Rift and Touch price by $200: HTC doesn’t “feel the need” to cut price of the Vive due to “incredible success” so far
  24. Is Xbox Game Pass really a threat to physical retail?: GAME and GameStop investors have been frightened by Microsoft’s new digital initiative
  25. Microsoft introduces the Xbox Live Creators program: Now anyone can publish Xbox Live-enabled games on Xbox One and Windows 10 PCs, no dev kit needed
  26. Twitter agrees to eSports streaming deal with ESL and Dreamhack
  27. Twitter will live stream 1,500 hours of eSports, including original content
  28. CCP Games: How ‘Sparc’ is Made to be a ‘Real Sport’, Not a ‘Sports Game’
  29. Twitch Introduces Pulse – The Gamer News Feed
  30. An NBA Star Thinks He Can Help Video Gaming Competitions Grow Up: Video game sports are on the cusp of going mainstream. Can game publishers, team owners, and investors like Rick Fox figure out a business model?
  31. No Man’s Sky creator describes issues with launch, crashes, money: “Labs” unveiled at end of No Man’s Sky panel along with acknowledgement of launch woes.
  32. Sid Meier tells Civilization’s origin story, cites children’s history books: Lack of mod support was “horribly wrong;” responds to question about remaster.
  33. Slouching toward relevant video games: People respond differently to stress, says Brie Code. Design for it
  34. How failure, copycats, and flops helped Atari find success: “I thought it was going to be a throwaway… It just turned out to be fun. We were staying after work to play the damn thing.” – Bushnell shared his first impressions and experiences with the game that would eventually become Pong.
  35. 16-hour video game binges almost ruined Calgary teen’s life: After an addiction to gaming brought on depression, family problems and a wish to end his life, Cam Adair finally broke free.
  36. A second chance for Take-Two – 10 Years Ago This Month: A shareholder revolt rights the ship for the Grand Theft Auto publisher in the wake of Hot Coffee
  37. UK games industry voices Brexit concerns in latest UKIE report
  38. UK Industry braces for Brexit impact, with 40% considering relocation: UKIE study finds British studios primarily concerned over access to talent
  39. Unity Without Borders offers a path to Unite Europe for devs affected by Trump
  40. Pokémon Go: augmented reality tests IP (Andres Guadamuz)
  41. Report: China halts licensing for South Korea-made games amid political turmoil

DIGITAL

  1. Snap explodes another 14% on second day of trading
  2. NBCUniversal invests $500 million in Snapchat maker’s IPO
  3. Snapchat says 42 million people are watching its NFL content
  4. Shares of Snapchat Are Way Higher Than Expected
  5. How Mobile Dominates YouTube Viewership
  6. Uber and Airbnb are not the future of capitalism
  7. Uber Maybe Not Taking Its COO Search Very Seriously
  8. Important Ruling On Perennially-Problematic Creative Commons Non-Commercial License
  9. Italian firm thinks Facebook’s “Nearby Places” is a copycat, gets feature shut down: Court ordered Facebook to suspend the feature or pay 5,000 euros per day.
  10. Zuckerberg World President: From a Harvard dormitory at the ripe age of 20, Mark Zuckerberg created one of the most successful companies of the Internet Age. He is liked and respected by his employees and leads what is probably the Valley’s best run organization. Today, Facebook has become so powerful that it challenges established political structures and threatens to undemocratically twist the will of The People.
  11. Massive Internet Outage Had A Pretty Dumb Cause: A Typo – Pity the poor Amazon programmer and their errant finger
  12. Terms and Conditions (Rebecca Tushnet)
  13. Industry, and Apple, opposing “right to repair” laws: Apple claimed jailbreaking would embolden hackers—says same about right to repair.
  14. A right to repair: why Nebraska farmers are taking on John Deere and Apple – Farmers like fixing their own equipment, but rules imposed by big corporations are making it impossible. Now this small showdown could have a big impact
  15. The Art Of Manipulating Algorithms:
  16. Joy Buolamwini: How I’m fighting bias in algorithms
  17. Patent-holding company’s $533M verdict against Apple is dust on appeal: Massive verdict would have been largest ever for a non-practicing entity.
  18. Copyright Troll Sues Tor Exit Node, Gets Partial Win
  19. Why Canada is Now Home to Some of the Toughest Anti-Piracy Rules in the World…And What Should Come Next (Michael Geist)
  20. UK: Search engines agree to demote pirate sites in search result listings 
  21. German Judge Fines Father Because He Didn’t Tell His Kid Not To Engage In Piracy
  22. UK government publishes digital strategy to create and support a secure and thriving data economy 
  23. The UK Government Digital Strategy is out, and it’s rubbish
  24. “Save The Meme” Campaign Protests EU’s Proposed Piracy Filters
  25. Politico publishes (part of) draft copyright report by MEP Comodini Cachia
  26. Electronic marketing and internet use in Canada
  27. 4chan: The Skeleton Key to the Rise of Trump – Trump’s younger supporters know he’s an incompetent joke; in fact, that’s why they support him.
  28. The Golden State of Hate: How the Internet Made Hate Respectable
  29. South Africa Introduces Revised Cybercrime Legislation, Acknowledging Criticism
  30. PR-Stupid JetSmarter Will Charge Journalists $2000 If They Don’t Write Positive Reviews
  31. Soundcloud Tells Guy It Needs To Kill His Account Of 8 Years Because Someone Else Trademarked His Name
  32. Silicon Valley Needs To Get Its Act Together On Sexual Harassment & Discrimination
  33. Google’s Artificial Brain Learns to Find Cat Videos
  34. Robots’ Legal Personality (Horst Eidenmuller)
  35. Going for Gold: 3D Printing, Jewellery and the Future of Intellectual Property Law
  36. Why the biggest challenge facing AI is an ethical one
  37. How Artificial Intelligence Will Change Everything: Baidu’s Andrew Ng and Singularity’s Neil Jacobstein say this time, the hype about artificial intelligence is real
  38. Why Netflix Lets You Subtitle All Your Shows In Comic Sans
  39. Alcatel A5 LED: Because someone, somewhere wants a phone that doubles up as a mobile disco. Maybe.
  40. Virtual Reality: How to protect your IP rights in a virtual world
  41. Blockchain applications may be caught by Ontario’s securities law 
  42. Blockchain and Secured Lending in Canada
  43. Bitcoin Is A Chaotic Bedlam Of Manipulation And Deceit And That’s Just The Way We Like It
  44. A Single Bitcoin Transaction Takes Thousands of Times More Energy Than a Credit Card Swipe
  45. Mossberg: Tech’s ruling class casts a big shadow 

CREATIVITY

  1. Audiences no longer care about platforms. The content creator is ‘king.’: Sweet Paul, Cheddar and Axios are proof that media consumers will change their behavior and go where a creator has produced interesting content.
  2. Andrews v Sony ATV Music Publishing
  3. SXSW Faces Heavy Criticism For Immigration Clause In Artist Contract: Downtown Boys, PWR BTTM, Priests, and more have signed an open letter demanding that SXSW retract the clause.
  4. Downtown Boys, Priests, Sheer Mag, More Sign Open Letter Demanding SXSW Rescind Deportation Clause: “We are calling on SXSW to immediately drop this clause from their contract, and cease any collusion with immigration officials that puts performers in danger”
  5. State Rep Diego Bernal pulls out of SXSW panel amid immigration controversy: “I will not in good conscience participate in a festival that uses the threat of deportation as part of it’s business practices.”
  6. Federal Law Now Prohibits Censoring of Unfavorable Reviews
  7. Careful clearing photos from social media for news reporting
  8. Focus: Appropriation of personality after death issue in estates
  9. Canadian Government on U.S. Special 301: We Don’t Recognize Validity of Flawed Report (Michael Geist)
  10. Text Protecting Indigenous Cultural Expressions Streamlined At WIPO, But Divergence Persists
  11. Why newspaper subscriptions are on the rise
  12. How Disaster Science Explains the Oscars Mix-Up: Major errors don’t cause disasters. Banal mistakes and human nature do.
  13. Why does anybody own CRISPR? An argument against academic IP
  14. The Racist Legacy of NYC’s Anti-Dancing Law
  15. The Defend Trade Secrets Act Isn’t An “Intellectual Property” Law (Eric Goldman)

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. Study: Breitbart-led right-wing media ecosystem altered broader media agenda (Yochai Benkler, Robert Faris, Hal Roberts & Ethan Zuckerman)
  2. I Tried Trump’s Media Diet. Now Nothing Surprises Me Anymore
  3. Trump’s FCC chairman says he won’t just do what Trump tells him to: Ajit Pai met with Trump Monday but won’t say what they discussed.
  4. Trump renominates FCC Chair Ajit Pai for another five-year term: Cable lobby hails Pai for pushing “pro-consumer agenda” and “Internet freedom.”
  5. The FCC Helped Make the Internet Great: Now, It’s Walking Away
  6. Op-ed: The Internet belongs to the people, not powerful corporate interests – Senator Chuck Schumer writes for Ars – Keep net neutrality rules in place.
  7. Op-ed: Protect the Open Internet with a bipartisan law – Senator John Thune writes for Ars – Time for a new approach on net neutrality.
  8. Charter CEO Touts Pro-Industry Cable Deregulation Under Trump
  9. FCC Boss Calls Net Neutrality A ‘Mistake,’ Repeats Debunked Claim It Stifled Broadband Investment
  10. FCC Partially Kills Rules Requiring ISPs Be Clear About Usage Caps, Hidden Fees
  11. Broadband lobbyists celebrate as FCC halts data security requirements: Data security rule would have confused Internet users, FCC chair claims.
  12. FCC Broadband Privacy Rule On Hold, Likely Dead
  13. Sprint’s long VoIP patent war leads to $140M verdict against Time Warner Cable: Can Sprint’s patent lawyers force competitors to pay up for VoIP?
  14. CRTC says No to “backdoor MVNO” Sugar Mobile
  15. Why proper MVNOs, unlimited data won’t happen in Canada
  16. Brad Wall says people have spoken and they don’t want SaskTel sold
  17. CRTC releases data on device unlock revenue made by Canadian carriers
  18. YouTube TV Improves Outlook For AT&T Time Warner Merger
  19. Report: Sprint “betting big on Trump,” could merge with T-Mobile or Comcast – Sprint owner weighs a few possible mergers, makes case to Trump administration.

SURVEILLANCE & PRIVACY

  1. WikiLeaks says it has obtained trove of CIA hacking tools
  2. Helpful(?) coding tips from the CIA’s school of hacks: WikiLeaks dump includes a best (and worst) practices guide for exploit developers.
  3. How the CIA Can Hack Your Phone, PC, and TV (Says WikiLeaks)
  4. CIA Leak Shows Mobile Phones Vulnerable, Not Encryption
  5. Trump Administration Wants A Clean Reauthorization For NSA Surveillance
  6. Selfie With Merkel by Refugee Became a Legal Case, but Facebook Won in German Court
  7. Court Tells Cops They Can’t Use GPS Data Gathered After Suspect They Were Tracking Sold The Vehicle
  8. DARPA’s Brain Chip Implants Could Be the Next Big Mental Health Breakthrough—Or a Total Disaster
  9. Master spy behind Snoopers’ Charter wants to gag leakers, journalists: Cabinet office refuses to deny that ex-MI6 man Charles Farr is behind espionage law review.
  10. To keep Tor hack source code secret, DOJ dismisses child porn case
  11. Yahoo’s data breach costs general counsel his job
  12. The cost of Yahoo’s data breach
  13. BBC screenshots child abuse images on Facebook—Facebook reports it to cops: “Probe shouldn’t involve making more images,” say CPS rules. Did BBC follow them?
  14. Prenda’s John Steele Pleads Guilty, Admits To Basically Everything
  15. VP Who Thought Clinton Private Emails Were Bad Also Had Private Emails: Mike Pence used an AOL account to conduct official business, which was hacked
  16. The Vatican Announces Plan To Protect Pope Francis’ Publicity Rights
  17. India Opening Up World’s Largest Biometric Database For Commercial Applications, Despite Inadequate Privacy Protection
  18. Court Refuses to Dismiss Biometric Privacy Action over Facial Recognition Technology Used by Google Photos 
  19. EFF: Data Collected From Utility Smart Meters Should Be Protected By The Fourth Amendment
  20. CIA Leaks Unsurprisingly Show The Internet Of Broken Things Is A Spy’s Best Friend
  21. GOP senators’ new bill would let ISPs sell your Web browsing data: Senate resolution would throw out FCC’s entire privacy rulemaking.
  22. Body Cameras Used By UK Local Government To Catch People Dropping Litter And Walking Dogs
  23. The Validity of EU-U.S. Personal Data Export Tools: A Pending Issue 
  24. Hacker George Hotz cancels Model S order after Tesla reminds him about IP theft: Was set to receive a car last week, then came a last-minute call from Tesla legal.
  25. Vizio Fails To Dodge Class Action Over Its Spying ‘Smart’ Televisions
  26. Uber’s “Greyball” tool helped company evade authorities in Portland, Paris
  27. Here’s A Tip: If You’re Desiging Special Apps To Hide From Regulators, You’re Going To Get In Trouble

Jon

News of the Week; March 1, 2017

GAMES

  1. ZeniMax Seeks Injunction to Halt Oculus’ Use Rift & Gear VR SDK and More
  2. ZeniMax files for injunction over Oculus code: If granted, it would apply to games on sale for Oculus Rift and Gear VR
  3. Zenimax files to halt sales of Oculus tech containing stolen code
  4. Lindsay Lohan Won’t Put Her GTA5 Lawsuit Out Of Its Misery
  5. Ark: Survival Evolved program will pay 15 modders $4k a month – Selection will be evaluated and refreshed each month, with best modders paid until their content is finished
  6. Studio Wildcard will pay modders $4K a month to create Ark mods
  7. Peter Moore leaving EA to join Liverpool Football Club as CEO
  8. EA’s Peter Moore named CEO of Liverpool FC: Sega, Xbox and EA exec obtains dream job at the club he has supported his whole life
  9. EA’s Ultimate Team now worth $800 million annually: CFO Blake Jorgensen says EA spends “a lot of time thinking about” how to add similar mechanics to Battlefield and Battlefront
  10. EA Competitive FIFA Competitions To Air On BT Sport, Adding U.K. Market To TV Coverage
  11. FIFA 17 matches to be broadcast live on TV for the first time ever
  12. Xbox apes Netflix with $10 per month, 100-game unlimited “Pass”: Gamestop stock dips as Microsoft offers free legacy downloads for one monthly price.
  13. Twitch Will Soon Start Selling Games
  14. Twitch will take on Steam by selling PC games: Streamers will receive 5% cut of all games sold
  15. Official: Sony Sold Nearly 1 Million PlayStation VR Headsets in 4.5 Months, Despite Limited Stock
  16. Sony Reveals Playstation VR Sales So Far: Over 900,000 people have purchased the headset.
  17. Lifetime Minecraft sales hit 122 million
  18. Overwatch named Game of the Year at the DICE Awards: Blizzard and Naughty Dog collected four awards each, Playdead took home three
  19. Blizzard’s Overwatch lands game of the year at DICE Awards
  20. “Everything I said was wrong”: At GDC, a panel of industry veterans fessed up to years of giving bad advice
  21. 10 most influential games consoles – in pictures
  22. You wouldn’t be able to pause your video games today without Jerry Lawson: Lawson was a pioneering black engineer back when it was even harder in Silicon Valley.

DIGITAL

  1. Uber might genuinely be worried that #DeleteUber is working: “Everyone at Uber is deeply hurting after reading Susan Fowler’s blog post.”
  2. Uber Case Could Be a Watershed for Women in Tech
  3. Travis Kalanick, Uber Chief, Apologizes After Fight With Driver
  4. Hootsuite CEO Directs Comment-Seeking Reporter To Phone Sex Line: Hootsuite CEO Ryan Holmes, responding to a story published by Bloomberg Business today, publicly asked the reporter call him at a number that’s actually a paid sex hotline.
  5. Milo Yiannopoulos apologizes to abuse victims: After comments surfaced in which he seemed to endorse sex between younger boys and men, Milo Yiannopoulos resigned from Breitbart News and apologized to abuse victims, saying that he was also sexually abused as a child.
  6. Meet the 16-year-old Canadian girl who took down Milo Yiannopoulos: This is the real story of how the video that took down Milo surfaced.
  7. Do Sex Offenders Have A Free Speech Right To Use Facebook?: The U.S. Supreme Court considers whether social media is a privilege or a right in modern society
  8. Section 230 Protects Grindr From Harrassed User’s Claims–Herrick v. Grindr (Eric Goldman)
  9. Does Donald Trump Open The Way For Sex Offenders To Get Back On Twitter?
  10. Twitter to police abuse in major shift
  11. Case Preview: Jack Monroe v Katie Hopkins, Twitter libel trial about meaning and serious harm
  12. Federal Judge Says Providing Web Hosting Isn’t Even Close To The Same Thing As Contributory Infringement
  13. Odd lawsuit fails to ding FedEx for allowing copies of CC-licensed material: Judge dismisses case that could have upended Creative Commons copyright model.
  14. Amazon to pay $1,000,000 to Competition Bureau for Unsubstantiated Sales Prices
  15. Google Report: 99.95 Percent Of DMCA Takedown Notices Are Bot-Generated BS Buckshot
  16. Why The DMCA’s Notice & Takedown Already Has First Amendment Problems… And RIAA/MPAA Want To Make That Worse
  17. Revisiting If Suing Bloggers For Copyright Infringement Can Be Profitable–BWP v. Mishka
  18. Tim Berners-Lee Endorses DRM In HTML5, Offers Depressingly Weak Defense Of His Decision
  19. Tim Berners-Lee Endorses DRM In HTML5, Offers Depressingly Weak Defense Of His Decision
  20. ICANN Is Moving Toward Copyright Enforcement, Academic Says
  21. Kobo’s Quest for Status Quo in the E-books Market: A Never Ending Story
  22. Copyright Law Versus Internet Culture (EFF)
  23. Famous patent “troll’s” lawsuit against Google booted out of East Texas: Eolas has new patents, even after an epic trial loss.
  24. Encryption patent that roiled Newegg is dead on appeal: Another Newegg patent victory, though Lee Cheng has moved on.
  25. Disappointing To See Google’s Waymo Sue Over Patents
  26. IBM gets a patent on “out-of-office” e-mail messages—in 2017: The US Patent Office sees no history, hears no history—unless it’s in patents.
  27. Sony, Microsoft Lobby Against Right To Repair Bills (Yet Refuse To Talk About It)
  28. Report: Disney lays off ~80 as it pulls back on supporting YouTubers
  29. People now watch 1 billion hours of YouTube per day
  30. YouTube Tops 1 Billion Hours of Video a Day, on Pace to Eclipse TV: Google unit posts 10-fold increase in viewership since 2012, boosted by algorithms personalizing user lineups
  31. YouTube TV is the company’s new live TV subscription service: $35 per month for six accounts and access to live broadcast and cable networks.
  32. Inside Another Internet Troll Factory: This Time In Sweden, But With Russian Connections
  33. Russians Want To Make Wikipedia More ‘Truthful’ And Patriotic: Russia’s ‘youth parliament’ is trying to flood the site with thousands of articles to repair Russia’s image
  34. Everything Is F’d And I’m Pretty Sure It’s The Internet’s Fault
  35. Will Democracy Survive Big Data and Artificial Intelligence?: We are in the middle of a technological upheaval that will transform the way society is organized. We must make the right decisions now
  36. Using VR as a Tool to Cultivate Compassion with Condition One
  37. Google has shipped 10M Cardboard VR viewers, 160M Cardboard app downloads
  38. New $10 Raspberry Pi Zero comes with Wi-Fi and Bluetooth
  39. Post Cable Networks
  40. The Future of Shopping Is More Discrimination: For you, a very special price indeed.
  41. Notice and Takedown in the Domain Name System: ICANN’s Ambivalent Drift into Online Content Regulation (Annemarie Bridy)

CREATIVITY

  1. The Internet Is Silencing Artists, According To An Artist On The Internet
  2. Fan Creation & Copyright Survey: Preliminary Results
  3. Pierce v. Warner Bros. Entertainment, Inc.: District court dismisses real estate agent’s suit against Warner Bros. over “Ellen DeGeneres Show” segment on funny signs that resulted in harassing phone calls and messages, rejecting claims for false light invasion of privacy, defamation and intentional infliction of emotional distress.
  4. Who Has All the Content?
  5. Remix Culture Meets the Scolds
  6. The Copyrightability of Yoga Poses, Dance Moves and Exercise Routines 
  7. No Swiss protection for Louboutin’s red-soled shoes
  8. Parties in Star Trek Fan Litigation Don’t Boldly Go Into the Unknown; Settle Claims
  9. IP Scholars Warn About Stringent Copyright Rules In Asian RCEP Agreement
  10. Industrial Design Registration In Canada – Everything You Need To Know about CIPO’s Six New Practice Notices
  11. Blacklock’s Litany of Litigation Lengthens (Howard Knopf)
  12. Tiffany & Co., Defenders Of Intellectual Property, Sued For Copyright Infringement
  13. Liam O’Melinn, ‘The Ghost of Millar v Taylor: The Mythical Origins of Copyright’
  14. Canadian Trademark Cases 2016 – And the awards go to…
  15. What’s in a hangtag? that which we call Coach
  16. The First Sale Doctrine and Establishing Legal Claims to Overcome It 
  17. The 10 Current Scent Trademarks Currently Recognized by the U.S. Patent Office
  18. ‘Fake News’ Now Means Whatever People Want It To Mean, And Legislating It Away Is A Slippery Slope Toward Censorship
  19. Journalism can’t afford for corrections to be next victim of ‘fake news’ frenzy 

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. YouTube launches its own streaming TV service: Another way to cut the cord
  2. YouTube Unveils Live TV Bundle for $35 Per Month With 40 Channels
  3. FCC head Ajit Pai: You can thank me for carriers’ new unlimited data plans – But there are good reasons to believe he’s wrong.
  4. FCC Boss Falsely Claims His Attacks On Net Neutrality Have Already Made The Wireless Sector More Competitive
  5. Under Ajit Pai’s FCC, mobile ISPs can charge tolls to bypass data caps: Plenty of customers still have data caps, and FCC won’t halt zero-rating.
  6. FCC chief doesn’t plan to review AT&T–Time Warner merger
  7. FCC lets “billion-dollar” ISPs hide fees and data caps, Democrat says: Even small ISPs owned by conglomerates exempt from billing rules after FCC vote.
  8. ISPs who don’t want competition get good news from FCC chair: FCC to kill merger condition that required competition in 1 million locations.
  9. The FCC’s new chairman just had his first real interview – here’s what it tells us about him
  10. FCC to halt rule that protects your private data from security breaches: FCC chair plans to halt security rule and set up vote to kill privacy regime.
  11. New FCC Chairman Moves to Roll Back Privacy Rules for Internet Service Providers 
  12. Joint Statement Of FCC Commissioner Mignon Clyburn And FTC Commissioner Terrell Mcsweeny On Indefinite Suspension Of Data Security Rules
  13. FCC Resolves Investigation of Improper Billing and Other Violations by Two TRS Providers
  14. FCC Adopts Broader Exemption from Enhanced Open Internet Transparency Disclosure Requirements for Small Providers
  15. FCC Boss Moves To Kill Broadband Privacy Protections. You Know, To Help The Little Guy.
  16. Hack of Wireless Carrier Leads to Admonishment by FCC
  17. FCC Approves For the First Time 100% Foreign Ownership of US Broadcast Stations
  18. FCC Announces Details for Mobility Fund Phase II
  19. FCC Finalizes Criteria for CAF Phase II Auction
  20. FCC Approves ILEC Shift to GAAP Accounting, Mitigates Pole Rate Impact
  21. The Alternative Facts of Cable Companies: A state attorney general sues Spectrum for ripping off customers. It won’t force change, but it could start a movement. (Susan Crawford)
  22. Comcast’s Decision To Charge Roku Users A Bogus Fee Highlights Its Uncanny Ability To Shoot Innovation In The Foot

SURVEILLANCE & PRIVACY

  1. CSIS saw ‘no high privacy risks’ with keeping personal data on Canadians
  2. Judge: No, feds can’t nab all Apple devices and try everyone’s fingerprints – “Such Fourth Amendment intrusions are [not] justified based on the facts articulated.”
  3. Judge Rejects Warrant Seeking To Force Everyone At A Searched Location To Unlock Seized Electronic Devices
  4. Judge: FBI’s NIT Warrant Invalid And IP Addresses Do Have An Expectation Of Privacy, But No Suppression Granted
  5. Judge Rules Against California Law Allowing Actors to Hide Age on IMDB: Federal judge granted an injunction against the law, saying it almost certainly violates the First Amendment and may not be enforced for now
  6. Speaker’s Corner: Hidden camera has implications for privacy law
  7. China Orders Every Vehicle In Region Troubled By Ethnic Unrest To Be Fitted With Satnav Tracker
  8. Amazon Formally Resists Warrant For Echo Recordings In Murder Case: People have a First Amendment right to privacy when they ask Alexa for stuff, Amazon says
  9. Amazon refusing to hand over data on whether Alexa overheard a murder – Amazon: Alexa and its users have a First Amendment right of protected speech.
  10. Sean Spicer Launches Witch Hunt Over The ‘Secure’ App He Just Said Was No Big Deal
  11. Internet of Things Teddy Bear Leaked 2 Million Parent and Kids Message Recordings: A company that sells “smart” teddy bears leaked 800,000 user account credentials—and then hackers locked it and held it for ransom.
  12. Creepy IoT teddy bear leaks >2 million parents’ and kids’ voice messages: Publicly accessible database wasn’t even protected by a password.
  13. German Regulators Urge Parents To Destroy WiFi Connected Doll Over Surveillance Fears
  14. Yahoo cookie hacks affected 32 million accounts, CEO foregoes bonus: Nation-sponsored attackers targeted 26 specific accounts.
  15. Jury Acquits Restaurant Owner Of Obstruction Charges For Tweeting Out Photo Of Teens Involved In Police Alcohol Sting
  16. UK forced to derail Snoopers’ Charter blanket data slurp after EU ruling: Key provisions in Investigatory Powers law put on ice after DRIPA judgment.
  17. Netherlands Looks To Join The Super-Snooper Club With New Mass Surveillance Law
  18. Welfare Agency Responds To Criticism By Feeding Complainant’s Personal Info To Obliging Journalist
  19. Winterville woman sues beer company over use of Facebook photo
  20. The Global Reach of Canadian Privacy Law: Federal Court Issues Landmark Ruling in Globe24h
  21. Serious Cloudflare bug exposed a potpourri of secret customer data: Service used by 5.5 million websites may have leaked passwords and authentication tokens.
  22. Federal Trade Commission Delivers Cross-Device Tracking Report Recommendations
  23. Cloud And Clear: What Canadian Lawyers Need To Know About Cloud Server Location
  24. The Undue Influence Of Surveillance Technology Companies On Policing (Elizabeth Joh)

jon

News of the Week; February 22, 2017

GAMES

  1. FBI’s ‘Gamergate’ file says prosecutors declined to charge men believed to have sent death threats – even when they confessed on video
  2. Developer’s lawsuit against games critic Jim Sterling is dismissed ‘with prejudice’: He was being sued for ‘libel, slander and assault’
  3. How the Prison Architect developers broke the Geneva Conventions
  4. Switch game downloads can’t be shared across multiple systems: Purchases can apparently only be on one system at a time.
  5. World of Warcraft’s gold rush has upended Blizzard’s economy: What happens when auction house goblins can buy Hearthstone cards?
  6. Ongoing SAG-AFTRA strike raises fresh questions about game dev unions
  7. Female Gamers Want To Kill You, Just Not With Guns
  8. Navigating the Regulatory Landscape in China’s US$25 Billion Gaming Market
  9. China’s Government may ban under-18s from playing video games late at night
  10. Improving our games through subversive diversity
  11. Adam Silver Calls eSports Gamers Athletes After They Trounced Real NBA Stars In NBA 2K
  12. Super Channel, GINX eSportsTV To Launch First 24-Hour eSports Channel In Canada
  13. Indie future is unclear as Greenlight goes dark: Shuttering Greenlight was long overdue – but its replacement, Direct, is no panacea for problems facing digital storefronts
  14. The Untold Story of Atari Founder Nolan Bushnell’s Visionary 1980s Tech Incubator
  15. Homeworld: Deserts of Kharak dev partners with NASA to build interactive Mars colony
  16. An AI watchdog could be the solution to Counter-Strike’s cheater problem
  17. Nintendo might not have flourished without help from the Yakuza
  18. Should GDC Move to Canada?: Is a nation under Trump, that makes it increasingly difficult for Muslims to enter, the right location to hold a game developer conference?
  19. Game Theory: U.K. law firm tests whether computer game can assess potential hires
  20. Why Ever Stop Playing Video Games: Many Americans have replaced work hours with game play — and Ended Up Happier. Which wouldn’t surprise most gamers.

DIGITAL

  1. The State of the Internet 2017: All Statistics Here
  2. A court order blocked pirate sites that weren’t supposed to be blocked: Poorly crafted court orders threaten the open Internet, Cloudflare says.
  3. Court Says Google Has A First Amendment Right To Delist Competitor’s ‘Spammy’ Content
  4. Google v. Oracle: Fair Use of a Copyrighted API
  5. What developers can learn from PewDiePie: YouTube star’s explanation for anti-Semitic jokes may be familiar to those who follow the AAA scene
  6. Advice For Rookie Comedian PewDiePie: Quit Whining And Write Some Damn Jokes – The world’s biggest YouTuber, fired by Disney, needs to start putting actual thought into his material.
  7. PewDiePie taught YouTube a valuable lesson
  8. Trump and PewDiePie are using the same playbook: Why is everybody always picking on me?
  9. PewDiePie responds to Disney dismissal by attacking media
  10. YouTube’s Monster: PewDiePie and His Populist Revolt
  11. The three reasons YouTubers keep imploding, from a YouTuber: The deck is stacked very heavily against us
  12. YouTube killing its most annoying ad format: The 30-second unskippable: The unpopular ads will be gone in 2018.
  13. New Zealand appeals court upholds Kim Dotcom extradition ruling – Case is far from over: Dotcom’s lawyers vow to press on to Court of Appeal.
  14. New Zealand Court Says Kim Dotcom Still Eligible For Extradition… But Not Over Copyright
  15. Judge Splits $750 Piracy Penalty Between BitTorrent Peers
  16. Dangerous: Judge Says It Was ‘Objectively Unreasonable’ For Cox To Claim DMCA Safe Harbors
  17. Pirate Site With No Traffic Attracts 49m Mainly Bogus DMCA Notices
  18. Five More Questions About Digital Copyright Law
  19. Google and Microsoft agree to demote piracy search results in the UK: Deal struck after lengthy spat between search engines and entertainment industry.
  20. Samsung’s Reputation Burned Down With The Galaxy Note 7: It’s now as popular as the United States Postal Service, which is not all that popular
  21. Bogus Claims: Google Submission Points to Massive Fraud in Search Index Takedown Notices (Michael Geist)
  22. Cox must pay $8M in fees on top of $25M jury verdict for violating DMCA – Judge: “Cox knew… its behavior was wrong, and continued in spite of that.”
  23. Techdirt lawyers ask judge to throw out suit over “Inventor of E-mail”: Tech blog’s founder says lawsuit seeks “to stifle debate, silence criticism.”
  24. European News Publishers Still Believe They Have The Right To Make Google Pay For Sending Traffic Their Way
  25. Fighting Fake News: Can Technology Stem The Tide?
  26. Building Global Community (Mark Zuckerberg)
  27. Op-ed: Mark Zuckerberg’s manifesto is a political trainwreck – He says that Facebook is developing AI to create a global democracy – kind of.
  28. Facebook Plans to Rewire Your Life. Be Afraid.
  29. Cheddar’s Jon Steinberg: Media should beware of Facebook
  30. Don’t trust Facebook’s shifting line on controversy
  31. Surfing, metrics and creation: Facebook and Snap
  32. Manifestos And Monopolies
  33. Code-Dependent: Pros and Cons of the Algorithm Age – Algorithms are aimed at optimizing everything. They can save lives, make things easier and conquer chaos. Still, experts worry they can also put too much control in the hands of corporations and governments, perpetuate bias, create filter bubbles, cut choices, creativity and serendipity, and could result in greater unemployment (Pew Research Center)
  34. Hollywood Has No Idea What to Do with VR
  35. Valve’s Gabe Newell: VR could “turn out to be a complete failure” – Rare interview tempers long-term optimism with tech/content/price realism.
  36. Virtual legality: Virtual Reality and Augmented Reality – legal issues
  37. IMAX continues VR expansion, partners with HTC Vive and more: The company will open four new pilot IMAX VR centers in the coming months across the US and China
  38. Apple Vowed to Revolutionize Television. An Inside Look at Why It Hasn’t: The company is testing a new Apple TV capable of streaming ultra-high-definition 4K. It may not be enough to take on Amazon and Roku.
  39. Dad who live-streamed his son’s birth on Facebook loses in court: Man filmed his partner’s labor, then sued TV companies that picked up the video.
  40. Google Opens Up YouTube and Ad Platforms for Measurement Audit
  41. Samsung chief Lee Jae-yong arrested on charges of bribery: Prosecutors claim that Samsung paid over $37M in bribes to help facilitate a merger.
  42. Uber Investigating Sexual Harassment Claims by Ex-Employee
  43. Ex-Uber engineer alleges sexual harassment, CEO reacts by promising investigation
  44. Apple accuses EU of a litany of “breaches” in defense of Irish tax deal: Tech giant claims the EC isn’t playing fair over its demands to pay Ireland $13.7 billion.
  45. Cyberbullying & Revenge Porn: An Update on Canadian Law 
  46. Book-Smart, Not Street-Smart: Blockchain-Based Smart Contracts and The Social Workings of Law (Karen Levy) 

CREATIVITY

  1. The Copyright Lobby’s IIPA Report: Fake News About the State of Canadian Copyright (Michael Geist)
  2. Former RIAA Executive Attacks Fair Use
  3. Court declines to apply fair dealing copyright exemption in news reporting case
  4. SiriusXM Wins New York Case Over Pre-1972 Sound Recordings: The 2nd Circuit rules that the satcaster deserves summary judgment and the lawsuit from Flo & Eddie should be dismissed.
  5. Flo and Eddie NY Suit on Pre-1972 Sound Recordings Ordered Dismissed By Court of Appeals – No Issues with Copies Made in the Transmission Process 
  6. Australia’s Battle Over Fair Use Boils Over
  7. Trademarks and music: No longer living it up at ‘The Hotel California’
  8. Pro-Marijuana Student Organization Wins Court Case Over Using School Logos
  9. University Rejection of Students’ Marijuana – Themed T-Shirt Violates First Amendment – Gerlich v. Leath (Eric Goldman)
  10. Keeping up with the Kylies’ trade mark wars – dispute no longer Spinning Around
  11. Ellen DeGeneres Defeats Lawsuit Over Breast Pun (Eric Goldman)
  12. Chinese Trademarks And The Emoluments Clause: Do They Intersect In The Trump Presidency
  13. China violated its own law to grant Trump a trademark: China’s Valentine’s Day present to Trump could put him in legal jeopardy.
  14. Hollywood’s Greatest Wall: The fastest-growing movie market of this decade has been China. But projections about its future — and the decisions that Hollywood has made to take advantage, like the Matt Damon vehicle ‘The Great Wall’ — may have been shortsighted.
  15. Jimmy Choo stomps on cybersquatting
  16. Apple Says Nebraska Will Become A ‘Mecca For Hackers’ If Right To Repair Bill Passes
  17. Vogue’s Race Problem Is Bigger Than Karlie Kloss: Even if the model featured in the magazine’s latest controversial spread had been Asian, it would still have been offensive.
  18. Theater Group President: No, Netflix Isn’t Killing the Multiplex
  19. Theft! A History of Music
  20. You Can’t Have Your Cake and Eat It Too: Why Trump Copying Obama’s Cake Is Not Infringement
  21. Sportswriting Has Become a Liberal Profession  –  Here’s How It Happened: Donald Trump’s election was merely an accelerant for a change that was already sweeping across sports journalism

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. The Shattered Mirror, Part Three: Why Income Tax Changes for Digital Advertising Won’t Save Local Media (Michael Geist)
  2. CRTC Extends Direct Regulation to Resellers of Telecommunications Services 
  3. Bains Gives Bell-MTS Merger a Pass Despite Competition Bureau Finding Serious Wireless Market Problems (Michael Geist)
  4. ‘Last night in Sweden’ was a figment of Trump’s Fox News-inspired imagination
  5. Fox News is now forging U.S. foreign policy
  6. How Trump’s obsession with the media endangers his presidency — and all of us
  7. Huntsville, Alabama Is Suddenly Awash In Broadband Competition, Showing Why Comcast Is So Afraid Of Municipal Broadband
  8. AT&T says its merger with Time Warner is exactly what customers want: AT&T says you’ll love “more relevant” ads, but senators warn of higher prices.
  9. The implications of the end of net neutrality
  10. If New FCC Boss Ajit Pai Is So ‘Pro Consumer,’ Why Does The Telecom Industry Need To Pay People To Say So?
  11. Overwhelming OTT: Telcos’ growth strategy in a digital world – Incumbents are now asking if digital is a threat to or an opportunity for their business model. Beyond operational efficiency, they will need to focus on excellence in execution.
  12. The Alternative Facts of Cable Companies: A state attorney general sues Spectrum for ripping off customers. It won’t force change, but it could start a movement.
  13. After Losing 10,000 Viewers Per Day, ESPN Finally Buckles To Offering Standalone Streaming Video Service

SURVEILLANCE & PRIVACY

  1. Divided federal appeals court rules you have the right to film the police: Filming cops, 2-1 court rules, ensures that they “are not abusing their power.”
  2. The doll banned by Germany for being a transmitting device
  3. German parents told to destroy Cayla dolls over hacking fears
  4. How Peter Thiel’s Palantir Helped The NSA Spy On The Whole World
  5. Coalition Slams DHS Plans To Demand Social Media Passwords
  6. Data Protection Commissioner urged to halt EU data transfers to US
  7. Court Allows Microsoft to Challenge Secrecy of User Data Requests
  8. Judge In Twitter Lawsuit Over Surveillance Disclosure Dings DOJ For Cut-And-Paste Legal Argument
  9. Court: Unsupported Assertions And Broad Language Aren’t Enough To Support Cell Phone Searches
  10. The Ousting Of Trump’s National Security Advisor Shows Just How Dangerous ‘Lawful’ Domestic Surveillance Is
  11. Hacks all the time. Engineers recently found Yahoo systems remained compromised: Company knocks $350 million off its purchase price.
  12. Computer hacking charges brought against four of Gordon Ramsay’s in-laws: Celebrity chef alleges that Chris Hutcheson and three others hacked into his e-mails.
  13. Marathon runner’s tracked data exposes phony time, cover-up attempt: A cut corner, a retraced route on a bike, and the Garmin tracker that exposed the lies.
  14. Snapchat Spectacles are now available to buy online for $129: But they’re only available in the US for now.
  15. The need for a Digital Geneva Convention (Brad Smith)
  16. Microsoft President Calls for A “Digital Geneva Convention”
  17. Cop filmed telling motorist he wanted to beat him, sic dog on him: New Jersey officer becomes enraged that he is being filmed during traffic stop.
  18. The Fifth Amendment Vs. Indefinite Jailing: Court Still No Closer To Deciding On Compelled Decryption
  19. Italy Proposes Astonishingly Sensible Rules To Regulate Government Hacking Using Trojans
  20. Kernel Is Trying To Hack The Human Brain — But Neuroscience Has A Long Way To Go: The future of computing may be inside our skulls

jon

News of the Week; February 15, 2017

GAMES

  1. New York sues Time Warner over throttled League of Legends speeds
  2. Elite: Dangerous pen-and-paper RPG stymied by intellectual property dispute – Complaint alleges infringement of 1984 Elite game’s copyright.
  3. Prosecutors Score a Goal in FIFA 17 Gambling Case
  4. Steve Bannon sunk $60M of Goldman Sachs’ money into a failed World of Warcraft goldfarming scheme
  5. Trump’s Campaign CEO’s Little Known World of Warcraft Career
  6. Political chaos threatens the whole games business: From Trump to Brexit to the rise of anti-globalisation rhetoric, the conditions that allow games companies to do business are under attack
  7. ESA calls Trump’s immigration stance “reckless and misinformed”: US industry trade group promises vigilance against “misguided efforts that dim our frontiers”
  8. “Any pressure on visas getting into the US is worrisome” – Valve: Erik Johnson and Gabe Newell explain how Trump’s immigration policies could prompt The International to be moved out of the country
  9. Dozens of game makers contribute games to fight Trump on immigration: Freedom Bundle offers dozens of games, e-books for $30 donation to worthy causes.
  10. The long and troubled history of Apocalypse Now, the video game
  11. The Strong Museum seeks to explore the impact women have had on game dev
  12. Games in the media in 2016 – Overwatch comes out on top
  13. US games industry adds $11.7 billion to GDP – ESA
  14. Trade group’s economic impact report says: gaming supports more than 220,000 jobs, average compensation tops $97,000 a year
  15. eSports market to hit $696 million this year – Report: Newzoo projects total eSports market to reach $1.5 billion by 2020, with brand sponsorship and advertising leading the way
  16. Valve’s Gabe Newell: VR could “turn out to be a complete failure”: Rare interview tempers long-term optimism with tech/content/price realism.
  17. A Sliver Of The Future: How Virtual Reality Pushes Esports’ Boundaries
  18. EA fines Madden Bowl winner: Tournament winner loses $3,000 for posting offensive tweets despite warnings from publisher
  19. Madden Bowl winner represents latest black eye for EA Sports and eSports
  20. NBA 2K eLeague To Debut As First eSports League Operated By U.S. Pro Sports League
  21. NBA and Take-Two form NBA 2K eSports League
  22. The NBA Announces Plan To Start Its Own eSports NBA League
  23. NBA 2K’s ELeague Could Change The Competitive Gaming Scene
  24. Gabe Newell explains Valve’s budgeting process: there is none
  25. Virtual Reality, Facebook, and a Costly Non-Disclosure Agreement
  26. Facebook removing 200 Oculus Rift demo units from Best Buy stores
  27. Virtual Reality Becomes a $500 Million Actual Reality for Facebook
  28. Ubisoft’s 3rd quarter saw a rise in engagement, but a decrease in sales
  29. Activision Blizzard posts big sales, but Call of Duty fails to connect with fans
  30. Sony discontinues PlayStation Now on PS3, Vita, and most other devices
  31. Sony patents Vive-like tracking system, hints at wireless PSVR: Application shows Lighthouse-style set-up to counteract current light interference
  32. Kabam cuts Beijing team: Legacy of Zeus developers let go as company narrows list of key assets left to sell
  33. Counterpoint: As Denuvo Lauds Its Weeks-Long Control, 20 Year Old Game Still Selling Due To Its Modding Community
  34. Evolving Steam
  35. Steam kills Greenlight: Steam Direct will have devs pay an application fee for each game “to decrease the noise in the submission pipeline”
  36. Valve says goodbye to Steam Greenlight, hello to “Direct” publishing: Soon, anyone with paperwork and a fee payment will be able to sell on Steam.
  37. Konami’s profits up 70% in nine-month financials
  38. Activision Publishing cuts staff: Disappointing year prompts layoffs at studios including Infinity Ward and Beenox
  39. The Quest for the First FDA-Approved Video Game
  40. How a robot got Super Mario 64 and Portal “running” on an SNES – Or: How to stream video using 1.2 million console button presses per second.
  41. ASA Ruling on Queens Solitaire Games
  42. Why won’t the games industry share its digital data?: NPD, SuperData and Steam Spy offer up their thoughts

DIGITAL

  1. A battle rages for the future of the Web: Should the WWW be locked down with DRM? Tim Berners-Lee needs to decide, and soon.
  2. Maker Studios Braces for More Layoffs as Disney Plans to Shrink Creator Network
  3. Maker Studios Reportedly Slashing Its Creator Network Of “Thousands” To Just 300
  4. PewDiePie dropped by Maker & YouTube ad platform over antisemitic content: PewDiePie calls out “old school media” for attempt to “decrease my influence and my economic worth”
  5. YouTube Cancels PewDiePie Show After Disney Cuts Ties With Star Over Anti-Semitic Posts
  6. When did fascism become so cool? PewDiePie’s antics are the thin end of the wedge: A white guy with a net worth of $124m making poor brown people hold up a sign calling for genocide is pure banter, isn’t it?
  7. Pewdiepie Dropped By Disney Following Offensive Video Content
  8. Disney drops YouTube star PewDiePie over anti-Semitic content
  9. PewDiePie Incident Means More Scrutiny for Influencers: But ad buyers doubt marketers will pull budgets from all YouTube influencers
  10. How Wikipedia Is Cultivating an Army of Fact Checkers to Battle Fake News: The online encyclopedia has been fact checking the Internet for more than 15 years. Now it wants to bring its skeptical eye to the masses.
  11. Oracle refuses to accept pro-Google “fair use” verdict in API battle: Oracle insinuates Google was “a plagiarist” that committed “classic unfair use.”
  12. Oracle Files Its Opening Brief As It Tries (Again) To Overturn Google’s Fair Use Win On Java APIs
  13. Authors Alliance Amicus Brief Supports Fair Use Defense In Georgia State Case
  14. Wikipedia bans Daily Mail for “poor fact checking, sensationalism, flat-out fabrication”: Daily Mail is too unreliable and can’t be used as a source, Wikipedia editors rule.
  15. Handful of “highly toxic” Wikipedia editors cause 9% of abuse on the site: New study of Wikipedia comments reveals most attackers aren’t anonymous.
  16. PayPal Kills Canadian Paper’s Submission To Media Awards Because Article Had Word ‘Syrian’ In The Title
  17. Shopify’s Breitbart Fight Proves It: These Days, Tech Has to Take a Side
  18. Lawsuit alleges Magic Leap workplace is ‘misogynistic,’ ‘dysfunctional’
  19. Hedge funds reportedly want to buy Mt. Gox bankruptcy claims: A US lawyer has even set up a website to make this process easier.
  20. Women filmed by Ottawa ‘pick-up artist’ may have no legal remedy
  21. Maniac Killers of the Bangalore IT Department: Why is India obsessed with crimes committed by software engineers?
  22. First Amendment Protects Google’s De-Indexing of “Pure Spam” Websites–e-ventures v. Google (Eric Goldman)
  23. Internet firms’ legal immunity is under threat: Platforms have benefited greatly from special legal and regulatory treatment
  24. UK Search Engines Will Sign Up To A ‘Voluntary’ Code On Piracy — Or Face The Consequences
  25. Is the Internet a wilderness of commodity news?
  26. Can Snapchat really save news? More than half of users don’t follow outlets on the platform
  27. Don’t fear artificial intelligence: experts
  28. Artificial Intelligence forges ahead of the law
  29. It’s not as simple as man versus machine. (Sara Watson)
  30. Netflix Cheating Is Common, But Is It Really All That Bad?: Almost half of couples that binge-watch together have been disloyal
  31. Patent Troll Sues Netflix, Soundcloud, Vimeo And More For Allowing Offline Viewing
  32. I Helped Create the Milo Trolling Playbook. You Should Stop Playing Right Into It.
  33. NHL’s First Games In Live VR To Be Seen By Canadians With Headsets Found In Cases Of Beer
  34. Manchester United set to launch worldwide premium streaming app costing up to £4.99 per month with services in over 160 countries
  35. 200 Coders and Hackers United to Save NASA’s Climate Data From Deletion

CREATIVITY

  1. Kesha releases emails allegedly sent by Dr. Luke
  2. The Moral Rights in a Banksy?
  3. The Met Goes Public Domain With CC0, But It Shouldn’t Have To
  4. How the copyright industry works methodically to erode your civil liberties and human rights
  5. The Need Right Now for Subversive Photography: What does it mean for a photograph to challenge what we know about the world and reveal new aspects of it?
  6. Maasai people of East Africa fighting against cultural appropriation by luxury fashion labels: Their name and image is estimated to be worth billions of dollars 
  7. Beyoncé to Get Lawyers in “Formation”
  8. Paul McCartney chants ‘Get Back’ again – The Future of Copyright Termination 
  9. Is There Copyright Infringement in Whoville?
  10. Prince’s music will be on Spotify and other services starting Sunday: When you’re facing a $100M tax bill, it’s time to make a deal.
  11. University Rejection of Students’ Marijuana – Themed T-Shirt Violates First Amendment – Gerlich v. Leath (Eric Goldman)
  12. Use of P’s photos to advertise D’s goods must be challenged via copyright, not Lanham Act, under Dastar (Rebecca Tushnet)
  13. Back To Basics: Acting Chairman Maureen K. Ohlhausen Presents Near-Term FTC Reforms
  14. Not Everyone Is Geeking Out Over Saudi Arabia’s First Comic Con: The cosplay fest is headed to the religious kingdom, but certain restrictions apply — especially for women
  15. How Ancient Legends Gave Birth to Modern Superheroes
  16. Can AI Make Musicians More Creative?: Google And Sony Want To Change The Way Artists Think About Artificial Intelligence
  17. 2016 Copyright Year in Review
  18. Robots As Legal Metaphors (Ryan Calo)
  19. What Intellectual Property Can Learn From Informational Privacy, And Vice Versa (Diana Liebenau)

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. Fuss over American Super Bowl ads ignores reality of Internet TV
  2. CRTC wireless code review generates regulatory risk: Desjardins analyst
  3. Why the Wireless Industry Fears Bill Transparency and Bans on Unlocking Fees (Michael Geist)
  4. Comcast, AT&T Are Paying Minority Groups To Support Killing Net Neutrality
  5. Wyden, Other Senators Warn That Net Neutrality Repeal Will Make SOPA Backlash Look Like A Fireside Snuggle
  6. Tom Wheeler: Trump, GOP Plan To ‘Modernize’ The FCC A ‘Fraud’
  7. The Trump administration’s other war on the media
  8. FCC Commissioner Thinks Ultra-Fast Broadband Just a ‘Novelty’
  9. ISPs ask lawmakers to kill privacy rules, and they’re happily obliging: Wheeler-era FCC rules that protect Web browsing data could be overturned.
  10. “Broadband death star bill” blown up by municipal Internet advocates: Virginia anti-municipal broadband bill replaced by minor record-keeping change.
  11. Yahoo reveals more breachiness to users victimized by forged cookies: Some accounts may have been accessed with forged cookies as recently as 2016.
  12. Verizon Finally Gets Around To Telling Yahoo That It Ain’t All That
  13. A Little Something Called Competition Forces Verizon To Bring Back Unlimited Data
  14. Verizon offers unlimited data and won’t throttle video (unlike T-Mobile): Verizon’s $80 plan has unlimited phone data and 10GB of 4G LTE tethering.
  15. Charter wrongly charged customers $10 “Wi-Fi Activation” fee, gets sued: Charter admits billing mistake in former Bright House area but faces a lawsuit.
  16. Sewer broadband fraudsters handed lengthy prison terms: Bogus $200 million fiber network racket leads to collective 44 years in the slammer.
  17. Lawyer’s claim: Feds issued a subpoena regarding Fox News sexual harassment scandal
  18. A century and a half of Northern telecom innovations: Tracing 150 years of Canadian technological contributions to communication, from Bell to BlackBerry
  19. The global media landscape: in eight charts
  20. What does The Queen Mary International Dispute Resolution 2016 Survey tell us about the future direction of TMT disputes?
  21. 2016 International Dispute Resolution Survey: An insight into resolving Technology, Media and Telecoms Disputes

SURVEILLANCE & PRIVACY

  1. Canada’s Federal Court awards damages against a foreign website for breach of privacy laws
  2. Oh, Sure, Suddenly Now The House Intelligence Boss Is Concerned About Surveillance… Of Mike Flynn
  3. Judge sides with Microsoft, allows “gag order” challenge to advance – Court: “First Amendment rights may outweigh the Government interest in secrecy.”
  4. Court Says Microsoft Can Sue Government Over First Amendment-Violating Gag Orders
  5. What could happen if you refuse to unlock your phone at the US border?: DHS says agents are in the right to ask for passwords, decryption help.
  6. Twitter to judge: Let us tell everyone exactly how many secret orders we get: Government fights Twitter’s attempts at transparency with generic filing.
  7. Canada will soon force companies to disclose hacking attempts, data breaches
  8. Amnesty International uncovers phishing campaign against human rights activists: Attacker targeted groups in Qatar, Nepal using extensive fake social media profile.
  9. Russia Considers Returning Snowden to U.S. to ‘Curry Favor’ With Trump: Official
  10. Landmark Court Decision Means Canada Has Now Joined The ‘Right To Be Forgotten Globally’ Club
  11. Man jailed 16 months, and counting, for refusing to decrypt hard drives: He’s not charged with a crime. Judge demands he help prosecutors build their case.
  12. After Passing Worst Surveillance Law In A Democracy, UK Now Proposes Worst Anti-Whistleblowing Law
  13. UK government’s huge citizen data grab is go – where are the legal safeguards? – Analysis: Whitehall’s digital strategy lands a day after peers debate Digital Economy Bill.
  14. UK Police Spy On Journalists At Small Town Paper, Gather One Million Minutes Worth Of Call Data
  15. UK Train Operators Plan To Charge Passengers Using Their Biometrics
  16. UK gov’t hit by 188 serious cyberattacks in the past three months: NCSC claims that Russia and China have stepped up the game.
  17. DHS Secretary Says Agency Is Planning On Demanding Foreigners’ Social Media Account Passwords
  18. Ohio Arsonist Gets Busted By His Own Pacemaker
  19. Now sites can fingerprint you online even when you use multiple browsers: Online tracking gets more accurate and harder to evade.
  20. Does Facebook Have the Right to Challenge Search Warrants Seeking Facebook Users’ Data? New York’s Highest Court Hears Argument 
  21. Republican senators concerned about Yahoo’s “candor” concerning data breaches: In new letter, two GOP senators say company has been “unable to provide answers.”
  22. Digital star chamber: Algorithms are producing profiles of you. What do they say? You probably don’t have the right to know (Frank Pasquale)
  23. Get To Know Me: Protecting Privacy And Autonomy Under Big Data’s Penetrating Gaze (Sheri B. Pan)
  24. Online Shaming and the Right to Privacy (Emily B. Laidlaw)

jon

News of the Week; February 8, 2017

GAMES

  1. Oculus lawsuit ends with half billion dollar judgment awarded to ZeniMax: Luckey pays $50M, Iribe pays $150M
  2. Verdict Analysis: Why the Jury Awarded ZeniMax $500 Million in Oculus Lawsuit
  3. Zenimax vs. Oculus: Carmack denies allegations, slams expert analysis
  4. John Carmack refutes “misdirection” of ZeniMax lawyers: The Oculus chief technology officer has taken to Facebook to complain about the $500 million verdict
  5. Doom co-creator defends his code against ZeniMax copying accusations: During expert testimony, Oculus CTO John Carmack “just wanted to shout ‘You lie!'”
  6. Exactly how and why Zenimax was awarded $500M in lawsuit against Oculus
  7. Facebook CEO Asks for Investor Patience on VR, ‘it’s not going to be really profitable for us for quite a while’
  8. How Is ‘Non-Literally Copying’ Code Still Copyright Infringement?
  9. Full Disclosure on Non Disclosure Agreements
  10. Lots of Best Buys are losing their Oculus demo stations due to low demand
  11. YouTuber behind FIFA gambling site avoids jail time: Craig “Nepenthez” Douglas and Dylan Rigby plead guilty, are ordered to pay a total of £265,000 in prosecution costs and fines
  12. YouTubers fined for running illegal FIFA 17 gambling site: Allowed kids as young as 12 to gamble on games of FIFA 17.
  13. YouTubers switch to guilty plea in FIFA 17 online gambling case
  14. Regulatory Risks of In-Game and In-App Virtual Currency
  15. Blizzard greenlights World of Warcraft gold being spent in its other games
  16. World of Warcraft gold can now be used to buy other Blizzard items: In-game gold pieces are now worth a fraction of a penny across Battle.net.
  17. Game over for PS3 Linux settlement—judge concerned gamers won’t get paid: Judge has no “confidence” that the deal “fairly, adequately compensates” console owners.
  18. Court Tosses Lawsuit Brought By Brother And Sister Against Take-Two Interactive Over NBA2K Face Scans
  19. Biometrics, Gaming & Privacy Laws: Facial scanning features can help put players in the game, but they can also put game makers in court if they aren’t implemented carefully
  20. Milwaukee County requires parks permit for Pokémon Go: Rubbish dropped by players leaves Niantic liable
  21. Making an AR game? You’ll need a permit to include some county parks
  22. Cloud Bottlenecks: How Pokémon Go (and other game dev teams) caught them all – Lesson – “Something that works with two million users doesn’t always work with 10 million.”
  23. EA Sports Partners With ESPN For FIFA Broadcasts
  24. EA Sports Increases E-Sports Exposure By Partnering With ESPN, NFL Media, Univision
  25. Esports Players As Employees: What European Teams And Players Need To Know: There’s lots of talk of players being ‘employees’ or ‘contractors’, accelerated by big moves planned by Riot, but what does that actually mean for players, teams and beyond?  (Jas Purwal, Pete Lewin)
  26. Valve under investigation by EU Commission over geo-blocking concerns
  27. Valve under investigation by European Commission for Steam geo-blocking: Bandai Namco, Capcom, Focus Home Interactive, Koch Media and ZeniMax also named in antitrust investigation
  28. Valve is still frustrated with console game development: But many of the Steam maker’s console complaints seem outdated.
  29. GameStop employees report harmful ‘Circle of Life’ policies: GameStop CEO responds to accusations of staff pressured into misleading customers – “nothing could be further from the truth”
  30. Denuvo forgets to secure server, leaks years of messages from game makers: Massive log file includes user complaints, apparently legitimate developer requests.
  31. Risky Nintendo spooks the markets
  32. Cash, random chance almost ruin Nintendo’s first smartphone Fire Emblem
  33. Physical game releases on the rise following 5 year decline
  34. Crowdfunding for video games was way down in 2016
  35. Mad Catz investors pour water on strategy to avoid delisting: Rock Band 4’s legacy looms large as shareholders question the company’s financial stability
  36. The Light ahead: PlayStation’s UK boss on why PS4 hasn’t peaked
  37. Sony’s games division in good health thanks to strong PS4 sales
  38. Sony’s Q3 game profits up 24% on strong Network sales: Combined PS4 and PS4 Pro sales reached 9.7 million, division revenue topped $5 billion
  39. Analysis: PS4 Pro’s “Boost Mode” bumps frame rates up to 38 percent
  40. Take-Two pushes sales up, misses bottom line guidance: Mafia III, Civilization VI, NBA 2K17, GTA V continue selling as publisher’s first VR efforts justify CEO Zelnick’s previous skepticism
  41. Warner Bros. sees full-year game sales dip: Publisher blames decline on tough comparison against 2015 hits Mortal Kombat X and Batman: Arkham Knight
  42. Starbreeze invests $8 million in Double Fine’s Psychonauts 2: Swedish publisher will take 85% of revenue until investment is recouped, and 60% thereafter
  43. Facts and Trends You Want to Know About China Game Market 2016 to 2017 
  44. Blizzard and Harmonix joins studios opposing Trump immigration ban: Executive order drawing more criticism; Devolver Digital offers to show games for devs who can’t make it to GDC
  45. Tech and gaming giants challenge Trump’s immigration order: Apple, Facebook, Microsoft, among 97 companies filing amicus brief over recent ban, say new rules already hurting US businesses
  46. Unity puts money where its mouth is in fight against Trump immigration ban
  47. Unity takes stand against Trumpian immigration ban: Flying affected devs to Amsterdam Unite for free and matching charitable donations
  48. The Travel Ban and Your Studio: What You Can and Can’t Do to Protect Your Employees
  49. Copyright Protection in Virtual Reality
  50. Releasing your first game at 12 years old: We speak to Donovan Brathwaite-Romero about the making of his first hit Gunman Taco Truck and living up to the family legacy
  51. You need a lawyer even if you are the most “indie” game developer ever

DIGITAL

  1. Breitbart loses advertising deals with 818 companies due to grassroots campaign
  2. Alt-Right Website, Breitbart, Loses Over 800 Advertisers For Offensive Content
  3. Playpen moderator sentenced to 20 years in prison
  4. The art of the troll: New tool reveals egg users’—and Trump’s—posting patterns: When an account makes 500 posts a day, that’s a sure sign that there’s something amiss.
  5. Ahead Of France’s Elections, Facebook Tries To Stop Fake News: With a new filter, it’s working with French media companies to fact check stories
  6. Want to post a discriminatory ad? Facebook may try to stop you automatically: Follows November outcry over targeted FB ads’ possible violations of Fair Housing Act.
  7. “Fake news is bad, but the ministry of truth is even worse”: Europe Considers Regulation for the Post-Truth Era
  8. Refugee who took selfie with German chancellor has had enough of “fake news”: Anas Modamani says Facebook should do more to stop misuse of his image.
  9. ‘Fake news’ highlights much bigger problems at play
  10. Judge rules against DOJ in Amazon, Expedia case against Trump travel ban – Washington AG: “No one is above the law—not even the president.”
  11. Apple, Google, and 95 other tech firms join forces to fight Trump travel ban: Companies say executive order is “overbroad…lacks any basis in precedent.”
  12. Basically The Entire Tech Industry Signs Onto A Legal Brief Opposing Trump’s Exec Order
  13. BT backs Google in EU’s Android antitrust spat: “We welcome Google’s anti-fragmentation initiatives,” says BT in snub to Brussels.
  14. How Iranian authorities have been fighting the ‘Soft War’ online
  15. Netflix abroad set for showtime after EU strikes a “portability” deal: But Brexit Brits’ beach-based boxset binges could be short-lived.
  16. Pirate Party’s Pirate Site Was Legal Under EU Law, Court Rules: Six years ago the Czech branch of the Pirate Party declared open war on a local anti-piracy outfit, opening several ‘pirate’ sites to draw fire from copyright holders. But, after being prosecuted in a criminal court last year, the matter has now been dropped after it was deemed the Pirates acted in accordance with a recent landmark EU ruling.
  17. Amazon Defeats Lawsuit Over Its Keyword Ad Purchases–Lasoff v. Amazon (Eric Goldman)
  18. Patent troll sues Netflix over offline downloads: Patent for “CD-Rs by mail” service—perhaps inspired by old-school Netflix—used to sue.
  19. HP patents, sold off to a troll, are used to sue Cisco and Facebook: Patents went from 3Com to HP to East Texas-based Plectrum LLC.
  20. Kanye West caught using Pirate Bay to download music software
  21. Music Industry Majors Sue Hip-Hop Streaming Site Spinrilla
  22. A Word of Caution: File Wrapper Contents Can Come Back to Haunt You
  23. How a former editor allegedly used Vice Canada to recruit drug mules for a global smuggling ring
  24. The Codification Of Web DRM As A Censorship Tool
  25. Google Brain super-resolution image tech makes “zoom, enhance!” real: Google Brain creates new image details out of thin air.
  26. YouTube now lets creators with 10,000 subscribers live-stream video on mobile: And new “Super Chat” lets viewers pay to get noticed.
  27. Facebook Plans To Be Like YouTube, Not Netflix
  28. Facebook is focusing on shorter content, YouTube model for its video strategy
  29. GoPro reports 35% lift in YouTube uploads
  30. The Problem With Snapchat’s IPO
  31. Snapchat parent warns of Brexit anxiety and sexting confusion in IPO filing: First public prospectus reveals a $405 million ad biz—and a net loss of $515 million…
  32. Majority Stake Owner Wants to Sell BroadbandTV – Or Take It Public
  33. Snapchat Stacks New York Times on Media Pile
  34. Something Happened: The origin of day-one patches – Canadian software houses were fast and loose places in the 1980s.

CREATIVITY

  1. Prof: “Can you sue the President based on his tweets? We’re about to find out” – Lawsuit joins at least 15 other cases challenging president’s executive order.
  2. BuzzFeed Sued for Naming Tech CEO in Story About Trump’s Alleged Russian Ties
  3. Court Tells Melania Trump She Can’t Sue The Daily Mail In Maryland, So She Refiles In New York
  4. Recent Law School Grad Sues Twitter Because Someone Made A Parody Twitter Account
  5. Bad Idea Or The Worst Idea? Having The FTC Regulate ‘Fake News’
  6. Liberals Won’t Bail Out Canada’s News Industry, Sources Say
  7. Time Inc. begins shopping for potential buyers
  8. Feds must take action on copyright trolls
  9. HowStuffWorks Attempts To Explain Why Advertisers Use Super Bowl Euphemisms, But I Have A Simpler Explanation
  10. New National “Right to Work” Bill Threatens Hollywood Unions
  11. ESPN Settles Lawsuit Over Reporter’s Tweet Revealing an NFL Star’s Amputated Finger
  12. Nine Years Later, Patriots Get ’19-0′ And ‘Perfect Season’ Trademarks, Despite Doing Neither
  13. Former NFL star Shawne Merriman sues Under Armour for trademark infringement
  14. Federal Court Basically Says It’s Okay To Copyright Parts Of Our Laws
  15. The Kylie Jenner–Kylie Minogue Trademark Dispute Was a Battle of the Old School vs. the New
  16. Investors pour another $8.5M into Star Trek Timelines dev Disruptor Beam
  17. Employers, employees and consultants – who owns what when it comes to intellectual property?
  18. How being replaced by a machine turned this graphic artist into an activist
  19. Political ad isn’t commercial, can’t be basis of Lanham Act claim (Rebecca Tushnet)

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. The Future of Simsub Post-Super Bowl: Why Canadian Viewership Data Vindicated the CRTC (Michael Geist)
  2. Bell Media adopts new tactics in bid to lure Super Bowl viewers
  3. Poll: Vast majority of Canadians oppose Internet Tax, prefer funding CanCon by extending GST/HST to foreign online companies
  4. Focus: Is shutting down TV service victory for broadcasters?
  5. Trump’s F.C.C. Pick Quickly Targets Net Neutrality Rules
  6. FCC chair stuns consumer advocates with move that could hurt poor people: Ajit Pai “walk[ed] back the stated goal of his chairmanship,” advocate says.
  7. New FCC Boss Ajit Pai Insists He’s All About Helping The Poor, Gets Right To Work Harming Them Instead
  8. FCC makes it harder for poor people to get subsidized broadband: Some might pay $9.25 more as ISPs lose ability to sell low-cost Internet plans.
  9. Ajit Pai defends decision to revoke low-cost broadband designations
  10. FCC rescinds claim that AT&T and Verizon violated net neutrality: Republican Ajit Pai halts Wheeler’s net neutrality investigation of zero-rating.
  11. New FCC Boss Kills Zero Rating Inquiry, Signals Death Of Net Neutrality Enforcement
  12. Undoing the Past – New FCC Rescinds Rulings on Noncommercial Ownership Reports, Political Broadcasting Sponsorship Disclosure and Shared Services Agreements
  13. FCC opens radio and television broadcasting to foreign entities
  14. New FCC Boss Decides It’s Cool If Phone Monopolies Want To Rip Off Inmate Families
  15. FCC Chairman Pai Promotes Transparency – Releases Draft Orders on Next-Generation TV and FM Translators for AM Stations – What Will Be Considered for Radio at February FCC Meeting? 
  16. FCC tries something new: Making proposals public before voting on them: Wheeler said releasing text before vote would cripple process—now we’ll find out.
  17. “Lipstick on a pig”: Time Warner Cable “deceived the FCC” in speed tests – “We just have to make it work temporarily,” TWC said of FCC speed tests.
  18. Not so fast—Comcast told to stop claiming it has “fastest Internet”: Verizon wins challenge of Comcast’s fastest Internet and “in-home Wi-Fi” claims.
  19. How Comcast’s Growing Broadband Monopoly Is Helping It Temporarily Fend Off The TV Cord Cutting Threat
  20. Here’s Exactly How the Internet Is Now Under Threat: Obama’s FCC head Tom Wheeler talks candidly about the open internet — and why, in Trumpworld, four companies could lock it up.
  21. Comcast, Verizon, T-Mobile & AT&T Issue Breathless Love Letter To Privacy With One Hand, Lobby To Kill All Privacy Protections With The Other
  22. The Shattered Mirror, Part Two: The Underwhelming Recommendation for Open Licensing at the CBC (Michael Geist)

SURVEILLANCE & PRIVACY

  1. Did a Canadian court just establish a new right to be forgotten online? (Michael Geist)
  2. Did a Canadian Court Just Establish a New Right to be Forgotten? (Michael Geist)
  3. When are public documents too public?: A.T. v. Globe24h.com tests the limits
  4. Goodale orders review into illegal CSIS metadata program: The CSIS Operational Data Analysis Centre had stored “associated data” — usually called metadata — on innocent Canadians for nearly a decade.
  5. US visitors may have to reveal social media passwords to enter country: “If they don’t want to cooperate, then you don’t come in.”
  6. Ohio man’s pacemaker data may betray him in arson, insurance fraud case: Man describes quickly packing and fleeing; heart data shows otherwise, doctor says.
  7. Vizio Agrees To Pay $2.2 Million To Settle Too-Smart TV Lawsuit: The TVs were tracking viewership habits and selling the information to advertisers
  8. Vizio Fined $2.2 Million For Not Telling Customers Their TVs Were Spying On Them
  9. Vizio TVs secretly tracked viewership in U.S. without consent: Canadian units excluded from system that set screens to report what people watched — without them knowing
  10. Superior Court of Quebec Authorizes Privacy Class Action in Zuckerman v. Target Corporation
  11. Jason Pierre-Paul and ESPN reach settlement in invasion-of-privacy lawsuit
  12. Baseball team pays a big price for hacking
  13. Major privacy case to open before High Court in Dublin: Facebook and privacy campaigner party to action by Data Protection Commissioner
  14. The Ninth Circuit Holds That a Telephone Consumer Protection Act Violation Alone Is Sufficient To Establish Standing
  15. Maybe the US does have the right to seize data from the world’s servers: Until Supreme Court resolves this, we’ll likely see many conflicting rulings.
  16. The FBI Can Engage In All Sorts Of Surveillance And Snooping Without Actually Placing Someone Under Investigation
  17. How Google fought back against a crippling IoT-powered botnet and won: Behind the scenes defending KrebsOnSecurity against record-setting DDoS attacks.
  18. Privacy Tort Update – Not So Fast on Public Disclosure of Embarrassing Private Stuff 
  19. FTC Will Consider Spying Toy Privacy Concerns 
  20. Windows DRM: Now An (Unwitting) Ally In Efforts To Expose Anonymous Tor Users
  21. Former NSA contractor may have stolen 75% of TAO’s elite hacking tools: Prosecutors reportedly plan to charge Harold T. Martin with espionage.
  22. A rash of invisible, fileless malware is infecting banks around the globe: Once the province of nation-sponsored hackers, in-memory malware goes mainstream.
  23. Keys Under Doormats: Mandating insecurity by requiring government access to all data and communications
  24. Ron Deibert’s Lab Is the ‘Robin Hood’ of Cyber Security
  25. It’s Too Complicated: How The Internet Upends Katz, Smith, And Electronic Surveillance Law (Steven M. Bellovin, Matt Blaze, Susan Landau, & Stephanie K. Pell)

jon

News of the Week; February 1, 2017

GAMES

  1. Oculus verdict: Judge awards ZeniMax $500 million: Facebook owned VR company did not misappropriate trade secrets as ZeniMax alleged, however
  2. Oculus, execs liable for $500 million in ZeniMax VR trial: Court finds Rift maker broke NDA but didn’t steal trade secrets.
  3. Lawsuit over NBA 2K facial scanning privacy concerns falls flat
  4. Ohio State researcher’s study retracted from journal: Research from an Ohio State communication professor was retracted from a scientific journal after two outside researchers found discrepancies in variables from the original experiment when they replicated the study.
  5. A Professor Claimed Video Games Make People Better Shooters — Then His Study Got Retracted: Brad Bushman has some explaining to do
  6. 2012 Research Paper Linking Video Games And Violence Finally Retracted Over Massaged Data Accusation
  7. Report: GameStop staff under fresh pressure to sell used games over new ones
  8. ‘NBA 2K’ Video Game Maker Beats Lawsuit Over Biometric Face-Scanning: A judge rejects gamers’ privacy complaint because they haven’t alleged a concrete injury.
  9. FBI reveals 173-page Gamergate file
  10. EA’s earnings show revenues are up, losses are better than expected
  11. Nintendo’s nine-month profits soar on Pokémon and Seattle Mariners sale: Pokémon Sun & Moon sold 14.7m units worldwide, full-year profit forecast almost doubled to ¥‎90 billion
  12. Nintendo addresses “weak” Switch launch lineup: President Tatsumi Kimishima says company wants to avoid long gaps without new games, pledges continued support for 3DS
  13. Two speed market drove over $30 billion in games deals in 2016: Tim Merel of Digi-Capital on how 2016 broke the industry M&A record by 77%
  14. Deep dive in the data of Games on Kickstarter in 2016
  15. Mad Catz threatened with stock market delisting
  16. Microsoft’s games revenue continues to slip due to falling hardware sales
  17. Microsoft fails to impress tech media by selling thousands of HoloLenses: $3,000 enterprise headsets experience lower sales than mass-market consumer devices.
  18. Disney shuts down Club Penguin: Original kid-friendly virtual world going dark, to be replaced by mobile-exclusive Club Penguin Island in March
  19. Devs, don’t post positive Steam reviews of your game under fake names
  20. Valve to start blocking accounts that gamble Team Fortress 2 gear
  21. eSports: The missed billion-dollar opportunity for publishers and platforms
  22. Resident Evil 7’s Denuvo protections cracked in under a week: Quick turnaround by hackers could have profound business implications.
  23. Hackers unlock NES Classic, upload new games via USB cable: It’s not as simple as drag-and-drop, but no screwdriver or hardware mods needed.
  24. The Founder’s Dilemma: A terrifying new video game is a little too real.
  25. Kojima says games and movies must ‘converge’ to survive
  26. Working with influencers: “The internet can smell disingenuity a mile off”: Space Ape’s Simon Hade discusses the perks and pitfalls of working with YouTubers and streamers
  27. In Berlin, refugees become friends—through board games: Building bridges with board games.
  28. The Radical Environmentalism of the Sega Genesis
  29. King on diversity: “No company will succeed on its own here.” – Diversity and culture manager Natalie Mellin says more firms need to “show role models together” in order to address gender imbalance
  30. How closing borders kills understanding, and censors art
  31. GDC responds to Trump’s travel ban, refunds affected attendees: Organisers of upcoming developer conference says they are “horrified” by President’s decision
  32. ESA urges caution on US immigration policy: Trade group tells Trump administration that foreign workers are vital to domestic game industry
  33. ‘It breaks my heart’: Engaredev responds to U.S. travel ban: “What makes me sad is that I hear in the game industry that there are all these diversity programs, but then, if you’re looking for diversity, for new perspectives, there are really a lot of new perspectives in those countries the US is blocking.”
  34. “Immigration ban will harm us as a company” – Insomniac: Ratchet and Clank and Spider-Man maker joins chorus of game developers condemning executive order
  35. Trump is bad for the US games industry: An isolationist, nationalist administration can’t help but harm an increasingly diverse and global industry
  36. 1979 Revolution proceeds to benefit ACLU in wake of immigration ban
  37. 2017 Trends in Mobile Gaming
  38. PETA demands plastic Warhammerfigures stop wearing fur: In the grim darkness of the far future, it’s the animals that have it worst.
  39. Namco founder and “Father of Pac-Man” has died: Masaya Nakamura was instrumental in kickstarting the video game revolution of the 1980s

DIGITAL

  1. Intellectual Property Owner Awarded Control of Infringer’s Social Media Accounts
  2. Perfect 10, Inc. v. Giganews, Inc.
  3. Facebook Live Is the Right Wing’s New Fox News: How the rough-around-the-edges live-streaming tool became the perfect incubator for conservative news in the Trump age.
  4. The Data That Turned the World Upside Down
  5. Axel Springer CEO: Facebook should not fact check ‘fake news’ — it is not a news organization
  6. Flush with anti-Trump donations, ACLU gets Y Combinator’s mentorship
  7. China’s Response To Study Confirms It Uses ‘Strategic Distraction’ To Prevent Collective Action. Sound Familiar?
  8. Copyright Trolls Overplay Their Hand In Finland, Bringing A Government Microscope To Their Practices
  9. RIP, “Six Strikes” Copyright Alert System: The anti-piracy accord between ISPs and entertainment industry meets its demise.
  10. Ding Dong: Silly Six Strikes Copyright Infringement Scheme Is Dead
  11. Internet Service Providers, Studios and Record Labels Call It Quits on Copyright Alert System
  12. The US ‘Six Strikes’ Anti-Piracy Scheme is Dead: The “six-strikes” Copyright Alert System is no more. In a brief announcement, MPAA, RIAA, and several major US ISPs said that the effort to educate online pirates has stopped. It’s unclear why the parties ended their voluntary agreement, but the lack of progress reports in recent years indicates that it wasn’t as successful as they had hoped
  13. Venezuelan officials arrest four Bitcoin miners on charges of stealing electricity: With the economy in shambles, Bitcoin miners have tried to side-step currency woes.
  14. Monero, the Drug Dealer’s Cryptocurrency of Choice, Is on Fire
  15. Sony missed writing on the wall for DVD sales, takes nearly $1B writedown: Or, in corporate-speak, loss was “mainly driven by an acceleration of market decline.”
  16. Thanks to YouTube, Vevo Nears 100 Million Active Monthly Users
  17. Lawyer for “inventor of e-mail” sends threat letter over social media posts: Shiva Ayyadurai’s attorney, who sued Techdirt, goes after another blogger.
  18. Thousands of College Kids Are Powering a Clickbait Empire: How a 29-year-old built Odyssey, a vast network of college students happy to fuel multi-million dollar marketing campaigns for peanuts.
  19. The internet of toys
  20. Robot knows when to hold ‘em, wins huge in poker tournament: 120,000 hands and a $1.7 million margin of victory later, Carnegie Mellon’s AI wins out.
  21. Click Here to Kill Everyone: With the Internet of Things, we’re building a world-size robot. How are we going to control it? (Bruce Schneier)
  22. The merging of humans and machines is happening now: Her organisation invented the internet. It gave us the self-driving car. And now DARPA’s former boss sees us crossing a new technological boundary
  23. Tech Leaders Are Just Now Getting Serious About the Threats of AI: Apple joins a leading AI ethics group, one of several tech-led initiatives preparing for a highly automated future.
  24. The Gates Foundation Emerges As A Leader In The Fight For Full Open Access And Open Data
  25. Apple will move its entire international iTunes business to Ireland: International HQ will move from one tax haven to another.
  26. Apple sets revenue and iPhone sales records in Q1 of 2017
  27. TV shows go into overdrive on Snapchat
  28. Can One App Revolutionize TV Ratings For The Streaming And Binge-Watching Era?
  29. Causality in machine learning
  30. Canada’s Supreme Court Is Preserving Every Website Mentioned In Its Rulings
  31. What We Buy When We Buy Now (Aaron Perzanowski & Chris Hoofnagle)

CREATIVITY

  1. Fairness Confirmed Again: Federal Court of Appeal Upholds Copyright Board’s Fair Dealing Ruling (Michael Geist)
  2. Supreme Court rejects appeal against B.C. Election Act: Registration rules for political ad sponsors don’t restrict individual political expression, court finds
  3. Back To The Stampede: Court Upholds Forum Selection Clause Requiring Copyright Action To Return to Alberta
  4. Actress in Viral Video Can’t Prevent Video From Being Made Into an Advertisement–Roberts v. Bliss (Eric Goldman)
  5. Ninth Circuit Finds First Amendment Protects Against Right-of-Publicity Claim Involving Film “The Hurt Locker” 
  6. Woman Claims Her Picture is Worth $2 Billion in Right of Publicity Suit
  7. Court of Appeal endorses Data Protection Act as alternative to defamation claim
  8. The Federal Court of Appeal Rules on Access Copyright’s K-12 Tariff
  9. The New Joint DOJ/FTC Antitrust Guidelines for the Licensing of Intellectual Property 
  10. Judge Gorsuch On Copyright And Technology (James Grimmelmann)
  11. Apple sued over singer’s right of publicity in iPhone ad singing: No copyright, but can an artist’s voice sustain a “right of publicity” case?
  12. Mac Repair Company iGeniuses Sends Legal Threats To Unhappy Customers, Demanding $2500 Per Negative Review
  13. Michael Jackson Is Worth More Than Ever, and the IRS Wants Its Cut: Jackson’s star lawyer made a mint for his heirs, so now the government has to be startin’ somethin’.
  14. Germany Finally Dumps Law That Says It’s A Crime To Insult Foreign Leaders
  15. Jose Cuervo Loses Bid To Block Trademark Registration For Il Corvo Wine
  16. The Shattered Mirror, Part One: Fair Dealing Reform Isn’t the Answer for News in the Digital Age (Michael Geist)
  17. How the arts helped kill off the NEA — by trying to play the conservative “economic value” game: Our strategy of ditching “Art for Art’s Sake” in favor of “ArtWorks” hasn’t saved the arts — and it never will
  18. Trump Advisor Pens Almost Totally Clueless Piece About ‘Intellectual Property Theft’
  19. How True Advertising Can Save Journalism From Drowning in a Sea of Content
  20. Strategies for Discerning the Boundaries of Copyright and Patent Protections (Pamela Samuelson)
  21. Freeing Buskers’ Free Speech Rights: Impact of Regulations on Buskers’ Right to Free Speech and Expression (John Jurich)

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. Ajit Pai on net neutrality: “I favor an open Internet and I oppose Title II”: New FCC chairman won’t say whether he’ll enforce net neutrality rules.
  2. FCC Chairman Pai takes Wheeler’s set-top box plan off the table: Cable industry was open to compromise, but no Republican plan has been offered.
  3. FCC exempts small ISPs from broadband truth-in-billing rules: Rule requiring disclosure of hidden fees won’t benefit customers of small ISPs.
  4. Pai FCC’s First Commission-Level Vote Targets Rural Broadband Access 
  5. Sen. Franken asks AT&T to prove Time Warner merger is good for customers: AT&T won’t commit to public interest statement as it tries to avoid FCC review.
  6. Eliminating Net Neutrality likely to raise the cost of using the Internet
  7. New York AG Sues Charter For Slow Broadband Speeds, Says Company ‘Ripping Off’ Users With Substandard Service
  8. Republican-led FCC drops court defense of inmate calling rate cap: FCC lawyers no longer authorized to defend intrastate calling caps.
  9. Verizon Eyes Charter Megamerger, Because Who Likes Broadband Competition Anyway?
  10. Comcast will charge extra fee for watching TV on Roku boxes: Xfinity beta app is now on Roku; for now, customers still need a Comcast TV box.
  11. 13 Years Ago at the Last Houston Super Bowl – Janet Jackson’s Impact on FCC Indecency Rules 

SURVEILLANCE & PRIVACY

  1. Suspecting arson, cops subpoena homeowner’s pacemaker logs, then charge him with multiple felonies
  2. Trump’s Executive Order Eliminates Privacy Act Protections for Foreigners (Michael Geist)
  3. New Trump Executive Order Says Federal Agencies Should Exclude Foreigners From Privacy Protections
  4. President Trump’s Executive Order May Impact the Privacy Shield 
  5. Already Under Attack In Top EU Court, Privacy Shield Framework For Transatlantic Data Flows Further Undermined By Trump
  6. Trump Orders The Cyber To Be Fixed In The Next Sixty Days
  7. Twitter Reveals Two National Security Letters After Gag Orders Lifted; Rightly Complains About Gag Orders
  8. Court Says Location Of FBI’s Utility Pole-Piggybacking Surveillance Cameras Can Remain Secret
  9. Bodycam footage leaks, resisting arrest charges dropped – Girl screams: “I just recorded everything.” Police officer responds: “Me too.”
  10. Appeals court rules that stolen laptops class action against payer can proceed
  11. Live Streaming: The Privacy Concerns of Behind-the-Scenes Access
  12. Site that sold access to 3.1 billion passwords vanishes after reported raid: LeakedSource garnered criticism for actively cracking the passwords it sold.
  13. Majority of Android VPNs can’t be trusted to make users more secure: Study of nearly 300 apps finds shocking omissions, including a failure to encrypt.
  14. St. Louis Cardinals Hacking Scandal: A Real-World Example of the Importance of Password Management 
  15. Amidst Increased Government Surveillance, Chinese Internet Users Finally Gain Important Online Privacy Protections
  16. One More Time With Feeling: ‘Anonymized’ User Data Not Really Anonymous
  17. FTC Report Reinforces the Rules for Cross-Device Tracking
  18. “You took so much time to joke me”—two hours trolling a Windows support scammer: “Albert Morris” and team get taken for a ride while we tried to track their tradecraft.
  19. Blue Lies Matter: BuzzFeed News reviewed 62 incidents of video footage contradicting an officer’s statement in a police report or testimony. From traffic stops to fatal force, these cases reveal how cops are incentivized to lie — and why they get away with it.
  20. In not-too-distant future, brain hackers could steal your deepest secrets: Religious beliefs, political leanings, and medical conditions are up for grabs.

jon

News of the Week; January 25, 2017

GAMES

  1. Controversial video game gun study gets retracted
  2. “Boom, headshot!” Disputed video game paper retracted
  3. Ohio State U Retracts Paper that Claimed Violent Video Games Gave Players Better Aim with Real Guns
  4. Study Claiming Video Games Make Players Better Real-Life Shooters Gets Shot Down
  5. Ark: Survival Mod That Replaces Dinos With Pokemon DMCA’d, Possibly By Another Rival Modding Group
  6. Milwaukee is still talking about Pokemon Go, and still trying to make it (and future games) pay up
  7. Game Developer Tried Threatening Game Reviewer And Posting Fake Steam Reviews To Be Successful; It Didn’t Work
  8. Skin in the Game: Counter-Strike has spawned a wild multibillion-dollar world of online casino gambling; it’s barely regulated and open to any kid who wants in.
  9. Robot Tales: Malicious game clones
  10. Disney Infinity dev revived and re-opened by Warner Bros.
  11. Leslie Benzies incorporates five new studios amid Rockstar legal dispute: Former GTA developer also trademarks potential title Time For A New World under Royal Circus Games
  12. The U.S. video game industry pulled $30.4B in revenue last year
  13. Revaluing Zynga’s $527 Million Acquisition Of NaturalMotion
  14. Beyond 50/50: Breaking Down The Percentage of Female Gamers by Genre
  15. Around $5B in Counter-Strikeskins were wagered in 2016
  16. Fox opens full-fledged video game division, FoxNext
  17. Fox creates new video games division: FoxNext: New division will also handle location-based entertainment, VR and AR
  18. Outfit7 purchased by Asian consortium for $1 billion
  19. The horror, the horror: Coppola announces Apocalypse Now video game 
  20. PlayStation VR owners can now watch 360-degree YouTube videos
  21. Experts Share 6 Legal Considerations to Know Before Jumping into the VR/AR Industry
  22. “Notorious $5000 deals with YouTubers and streamers will fade. It’s a matter of honesty”: Loots co-founder Marc Fuehnen discusses the increasing need for transparency when marketing through influencers
  23. Assetto Corsa developer Kunos Simulazioni acquired by Digital Bros
  24. “Teabagging” will get you banned from a major Killer Instinct tournament: Is the in-game taunt “unprofessional” or an important “psychological play”?
  25. Big Ten Universities Entering a New Realm: E-Sports
  26. Big Ten Network, Riot Games Launch League Of Legends College Season
  27. Brazilian Football Legend Ronaldo Invests In eSports Organization
  28. Eredivisie The Latest Football League To Create eSports Competition With FOX Sports Backing
  29. Why ESPN, the NBA, and Big Brands All Want a Piece of the $900-Million E-Sports Industry: That’s right–video games are now a sport.
  30. National Rugby League Referees Work Out Mentally With Brain Training Games, STRIVR
  31. “The Global Game Jam is a counter-movement to increased nationalistic tendencies”: President and co-founder Gorm Lai discusses through the rise of GGJ, the benefits for participants and the need for better worldwide collaboration
  32. South Korea Joins The Club That Uses Video Game Footage To Proclaim Themselves Awesome At War
  33. Classic FM launching UK’s first game music radio show
  34. Here’s why the UN is getting interested in video games: New report praises games that build understanding
  35. Why games are a key focus in UNESCO’s efforts to promote world peace: “If you read the literature on conflict resolution, perspective-taking is very important in order to reconcile opposing points of view. It’s difficult to have empathy if you can’t put yourself into somebody else’s perspective. Video games allow you to assume perspectives in an embodied form.”

DIGITAL

  1. Struggling Canadian News Agencies Ask Government For A ‘Google Tax’
  2. Canadian retailers will be able to offer discounts on ebooks by three major publishers: Competition Bureau takes fourth publisher HarperCollins to the Competition Tribunal
  3. Ex-Goldman Sachs programmer found guilty, again, of source code theft – Court: It’s silly to let Sergey Aleynikov go free just because he stole digital files.
  4. Apple sues Qualcomm, saying chipmaker withheld $1B as “extortion”: Suit claims payment was withheld after Apple talked to Korean regulators.
  5. Apple sues Qualcomm in China, expanding fight over patent licensing: Qualcomm is under legal attack, now in two of the world’s biggest markets.
  6. Section 230 Helps Snapchat Defeat Personal Injury Claim Due to ‘Speed Filter’–Maynard v. McGee
  7. Samsung chief avoids arrest in South Korean corruption scandal: The bribery investigation continues, but for now Lee Jae-yong remains free.
  8. California Man Brings Class Action Lawsuit Against Apple For Not Preventing Drivers From Doing Stupid Stuff
  9. Perfect 10 Loses Once Again, Sets More Good Copyright Precedent
  10. Amazon wants to skip to the end of EU’s e-book antitrust case: “We disagree with some of Vestager’s ideas,” says Amazon as it tables settlement offer.
  11. Snapchat To Enable Ad Targeting Using Third Party Data
  12. Netflix added over 7 million new subscribers last quarter
  13. How Social Cash Made WeChat The App For Everything: A centuries-old tradition gave rise to China’s most valuable company and captured the attention of everyone from teens to Silicon Valley.
  14. Facebook Journalism Project is Nothing But A Much-Needed PR stunt
  15. Source: Facebook encouraged Antonio Brown to do locker-room live broadcast
  16. Beyoncé, Jay-Z and Obama stock photo draws backlash
  17. Welcome to the world of trolling in virtual reality: Imagine being surrounded by hundreds of faceless avatars screaming at you.
  18. As PC sales shrink, the gaming PC market grows faster than expected: Report shows PC gaming hardware worth over $30 billion, well ahead of schedule.
  19. What the Five Year Anniversary of the SOPA/PIPA Blackout Can Teach Congress About Tech
  20. Copyright Office Says Current Law Addresses Concerns about Software-Enabled Consumer Products
  21. EU MEPs Call Again For ‘Robot Rules’ To Get Ahead Of The AI Revolution
  22. How artificial intelligence can be corrupted to repress free speech: It’s easier than you think, even here in America.
  23. Can We Balance Human Ethics With Artificial Intelligence?
  24. The Ethics and Governance of AI: On the Role of Universities (Urs Gasser)
  25. The Real Story Of 2016: What reporters — and lots of data geeks, too — missed about the election, and what they’re still getting wrong. (Nate Silver)

CREATIVITY

  1. Supreme Court Delves Into Question Of Whether Or Not You Can Trademark ‘Disparaging’ Terms
  2. Transcript of Oral Argument in In Re Tam
  3. Lee v. Tam post-argument (Rebecca Tushnet)
  4. Tiffany & Co. Successfully Asserts Trademark Infringement Claims Against Costco
  5. Trump Campaign Wants To Trademark ‘Keep America Great’
  6. CBS, Paramount Settle Lawsuit Over ‘Star Trek’ Fan Film
  7. CBS & Paramount Finally Settle With Fan Film Axanar
  8. Axanar Productions, Paramount, and CBS settle Star Trek copyright lawsuit: Axanar says it’s “not paying anything,” will turn its feature into two 15-minute shorts.
  9. CJEU rules that EU law does NOT prevent punitive damages in IP cases
  10. France: Any Alteration/Modification of a Work in Public Domain is Infringement of Moral Rights
  11. Sir Paul Will Not Let It Be: McCartney Makes Preemptive Strike Against Music Publishers to Reclaim His Copyrights 
  12. Apple Sued Over Use of Jamie XX Song in iPhone Advertisement
  13. Is A ‘Fattened’ Version Of A Famous Jorge Luis Borges Story Artistic Re-Creation, Or Copyright Infringement?
  14. Author Sued for “Children’s Versions” of ‘Breakfast at Tiffany’s,’ ‘2001: A Space Odyssey’
  15. Copyright Has A Real & Serious Free Speech Problem
  16. Want to double-down on fixing the Copyright Law? Fix ELUAs.
  17. Producers Pressured to Disavow
  18. Arrested Flag Burner Sues Arresting Officers
  19. Original “patent troll” law firm is shutting down: The Niro firm made tech companies shudder and made a few inventors wealthy.
  20. What does post-truth mean for a philosopher?
  21. What Do You Mean by ‘The Media?’: The term has been weaponized.
  22. Publisher printing more copies of George Orwell’s ‘1984’ after spike in demand
  23. The Top Ten TTAB Decisions of 2016 [Part 1]

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. Chairperson, Canadian Radio-television and Telecommunications Commission, Appointment Opportunity
  2. 18 bogus arguments about the CRTC and Super Bowl ads
  3. Outgoing Obama trade chief urges Canada to reverse Super Bowl ad decision
  4. Super Bowl Commercials Set to Air North of the Border
  5. NFL Gets Involved In Plan To Keep American Super Bowl Commercials Out Of Canada
  6. Report: President Trump Picks Former Verizon Lawyer Ajit Pai To Head FCC
  7. FCC Chairman Pai vows to close broadband “digital divide”: Pai voted against previous broadband expansion orders, but has plans of his own.
  8. FCC to be led by Ajit Pai, staunch opponent of consumer protection rules: Ex-Verizon lawyer Pai will take “weed whacker” to net neutrality under Trump.
  9. Comcast, AT&T, and ISP lobbyists are excited about Trump’s FCC chair: Ajit Pai repeatedly sided with ISPs on FCC rules, will be “formidable opponent.”
  10. GOP asks Ajit Pai to kill plan for helping customers avoid cable box rentals: Wheeler’s attempt to remake cable box market nears official demise.
  11. The U.S. Without Net Neutrality: How An Internet Nightmare Unfolds: Today, we take the freedom of the web for granted. Under Trump, maybe we shouldn’t
  12. Google and Netflix join fight against municipal broadband restrictions: Internet companies and advocacy groups battle Virginia anti-muni broadband bill.
  13. Google, Ting, Netflix Dare To Suggest That Maybe Giant, Anti-Competitive ISPs Shouldn’t Be Writing State Telecom Laws
  14. Netflix is so big that it doesn’t need net neutrality rules anymore: But small video providers still need network neutrality, Netflix says.
  15. Netflix May Not Be Worried About The Looming Death Of Net Neutrality, But Startups Should Be Terrified
  16. Netflix calls out HBO for not letting subscribers binge on new shows
  17. Trump voters need fast broadband and net neutrality too, Tom Wheeler says: Wheeler talks to Ars about “Cablewood,” competition, regulation on last day at FCC.
  18. Outgoing FCC Boss Reminds Trump Supporters That Net Neutrality Is Good For Them, Too
  19. When home Internet service costs $5,000—or even $15,000: We talked to two homeowners who grudgingly paid thousands to RCN and Comcast.
  20. AT&T raises phone activation fee another $5, now charges $25: $25 fee for AT&T users who bring own device or buy phone on installment plan.
  21. Through Price Hikes And Annoyance, AT&T Still Waging War On Unlimited Data Users
  22. The FCC Fines Straight Path $100 Million for Failing to Meet License Obligations 
  23. The trouble for Canadian digital policy in an ‘America first’ world (Michael Geist)
  24. What’s in the box? Not a valid agreement to arbitrate! (Rebecca Tushnet)

SURVEILLANCE & PRIVACY

  1. Court ruling stands: US has no right to seize data from world’s servers – Outcome means hot-button privacy topic could reach US Supreme Court.
  2. State Appeals Court Says Unlocking A Phone With A Fingerprint Doesn’t Violate The Fifth Amendment
  3. China announces mass shutdown of VPNs that bypass Great Firewall: China says all VPN providers must get permission from government to operate.
  4. China Bolsters The Great Firewall, Cracks Down Harder On VPN Use
  5. Megaviral Meitu “beauty” app’s data grab is anything but skin-deep: Android version seeks intrusive permissions, sends lots of data to servers in China.
  6. Kaspersky Lab’s top investigator reportedly arrested in treason probe: Charges ignite concern that other researchers could be prosecuted as well.
  7. Chicago Mayor Promises To Turn Over Emails From His Private Accounts Following Courtroom Losses
  8. Snowden’s Favorite Email Service Returns, With ‘Trustful,’ ‘Cautious,’ And ‘Paranoid’ Modes
  9. CIA Slightly Scales Back Its Domestic Surveillance Powers In First Major Policy Update In Over 30 Years
  10. Proposed CIA Chief Seems Happy To Spy On Americans, Even If Using Info Hacked By Russians
  11. Ransomware app hosted in Google Play infects unsuspecting Android user: “All Your Data Is Already Stored On Our Servers!” malicious app warned.
  12. UK Government Refuses To Impose Privacy Rules On Surveillance Cameras In Hospitals
  13. Should Celebrities Be Able to Stop Fake News Sites Using Their Faces?

jon

News of the Week; January 18, 2017

GAMES

  1. US court says PSN data doesn’t get Fourth Amendment protection: Sony could hand info to the police without a warrant.
  2. Microsoft, Epic sued over Gears of War character: Former football player and pro wrestler claims his likeness, voice were stolen for Cole Train
  3. Zuckerberg testifies against claims that Oculus stole IP from Zenimax
  4. At trial, Zuckerberg is “highly confident” Oculus built its own technology: Facebook CEO says he’d “never even heard of ZeniMax before” trial.
  5. Oculus accused of destroying evidence, Zuckerberg to testify in VR theft trial: Id Software’s parent co. says it created VR tech. Carmack says claims are “absurd.”
  6. Oculus VR destroyed evidence regarding Rift’s creation, ZeniMax claims: “ZeniMax and id Software are the visionary developers of breakthrough VR technology”
  7. Facebook Study Finds Introverts Feel More Comfortable with VR Social Interaction
  8. Inside IMAX’s Big Bet to Rule the Future of VR
  9. Esports Games Tiers
  10. GDC State of the Industry: For the first time, devs favor Android over iOS
  11. Where are the Xbox One’s exclusives?: Scalebound’s cancellation draws attention to this year’s anaemic Xbox line-up; is this Scorpio’s rain shadow, or a more worrying trend?
  12. Nintendo Switch: One last roll of the dice
  13. Nintendo sets a high price for Switch peripherals: Additional charging dock will be $90, and an extra Joy-Con controller and Grip will be $110
  14. Nintendo should unswitch the Switch to avoid a Kinect-astrophe: New system’s bundled “home” kit already appears to be the worst of all worlds.
  15. Nintendo stock value dips following Switch showcase
  16. Reports: PS4 is selling twice as well as Xbox One, overall
  17. Respawn cancels Titanfall mobile game: First title in Nexon partnership canned after its beta test, heaping more uncertainty on Respawn’s shooter franchise
  18. How a robot got Super Mario 64 and Portal “running” on an SNES
  19. First-ever computer sports game recreated at The Strong museum
  20. GameStop CEO laments ‘disappointing’ holiday period as sales tumble
  21. What To Expect – Video Game Cybersecurity In 2017

DIGITAL

  1. Clearing Out the App Stores: Government Censorship Made Easier
  2. Brexit leads to iOS App Store price jump: Apple raising prices by just under 25% to account for pound’s depreciation since vote to leave the EU
  3. Labor Department sues Oracle for racial discrimination: Regulators say white male workers paid more than non-white counterparts.
  4. Feds sue Qualcomm for anti-competitive patent licensing: Regulators say “no license, no chip” policy amounts to an illegal monopoly.
  5. BuzzFeed’s Bombshell: Why the site published the explosive memos about Trump and Russia—and why no one beat them to it.
  6. Was BuzzFeed wrong to publish the Trump dossier? This media ethicist says yes.: “They were serving themselves and their own clicks.” –Kelly McBride, vice president of Poynter
  7. Here’s Why BuzzFeed Was Right to Publish Those Trump Documents
  8. Exclusive interview with BuzzFeed editor: BuzzFeed’s editor-in-chief talks to Brian Stelter about the decision to publish the unsubstantiated dossier on President-elect Donald Trump
  9. Trump Is Making Journalism Great Again: In his own way, Trump has set us free.
  10. Techdirt’s First Amendment Fight For Its Life
  11. How To Use Facebook And Fake News To Get People To Murder Each Other: In South Sudan, a country where the vast majority of people lack internet access, fake news and hateful speech leap from Facebook to the real world — with possibly deadly consequences.
  12. Yet Another Lawsuit Hopes A Court Will Hold Twitter Responsible For Terrorists’ Actions
  13. Clearing Out the App Stores: Government Censorship Made Easier
  14. Land Court Finds that Texting Can Bind Parties 
  15. Online Price Advertising: Amazon to Pay $1.1 Million to Settle Canadian Competition Bureau Investigation 
  16. New York Times report: ‘The Internet is brutal to mediocrity’
  17. The Great Unbundling
  18. Software Copyright Litigation After Oracle v. Google
  19. No, you do not have to pay a ‘settlement fee’ if you get an illegal download notice
  20. San Francisco sues local drone maker, drone maker then shuts down: Lily Robotics never shipped a single drone.
  21. YouTube livestreams now have their own tip jar
  22. The Inside Story of BitTorrent’s Bizarre Collapse: How a group of valley outsiders blew through the company’s cash and nearly left it for dead.
  23. How Netflix Lost Big to Amazon in India: The streaming company botched its chance to own India’s huge new video market.
  24. The next best thing to teleportation: Living in one country and working in another will soon be common, thanks to remote-control robots. Future Now spoke with economist Richard Baldwin about how this trend could change the world.
  25. Student Disciplined for Posting Threatening Mashup Video to Instagram–AN v. Upper Perkiomen School District (Eric Goldman)
  26. Drone maker Lily Robotics sued by San Francisco district attorney
  27. Why Blockchain Will Trump Populism
  28. The entire modern copyright was built on one fundamental assumption that the Internet has reversed
  29. Treat robots as “electronic persons” but with kill switches, argue MEPs: Committee approves proposal that mulls “electronic personality” for robots.
  30. Using Tinder in Your Hometown Is Like Visiting an Alternate Reality: Surfing the app on a trip back home can be a way of regressing, or imagining what life would be like if you never left.
  31. Siri-ously 2.0: What Artificial Intelligence Reveals About the First Amendment (Toni M. Massaro, Helen Norton, Margot E. Kaminski)

CREATIVITY

  1. Fake News, Fake Art?  Richard Prince Disavows Work Depicting Ivanka Trump
  2. Ceci n’est pas une Prince*: Richard Prince Appropriates and Repurposes Himself 
  3. How the Killers & a fortune cookie turned philanthropic
  4. Star Trek fan-fiction copyright suit tests ‘fair use’ defence
  5. Louis Vuitton’s appeal fails in parody case
  6. LA Chargers Already Face Trademark Opposition To Their Name Over The Term ‘L.A.’
  7. Artist creates “Letter from a Birmingham Jail” memes to stop people from whitewashing MLK
  8. How Reality TV Builds Narrative Is Crucial to Understanding Trump
  9. For Hollywood, The Best Way To Win Against Disney Is To Not Be Disney
  10. New Study Essentially Suggests That Publishers Should Do CwF + RtB Instead Of Going Legal To Combat Piracy
  11. What If China’s Money Stream Stops Flowing to Hollywood?
  12. Austria: Tattoos and Copyright
  13. Billions of Bilious Barbecued Blue Blistering Barnacles: Tintin Gets Color Makeover!
  14. Lucasfilm: Carrie Fisher will not return to Star Wars in CGI form: Still leaves major questions about Leia’s role in Episode IX unanswered.
  15. Beware! Academics are getting reeled in by scam journals: The number of predatory publishers is skyrocketing – and they’re eager to pounce on unsuspecting scholars.
  16. Copyright Reform in Canada – the 2017 Section 92 Review (Howard Knopf)
  17. Quick Links, Part 10: Marketing, Uber, Airbnb, Taxes & More (Eric Goldman)
  18. 2016 Quick Links, Part 11: Social Media, Harassment, E-Discovery & More (Eric Goldman)
  19. Free speech debates are more than ‘radicals’ vs ‘liberals’ (Eric Heinze)

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. Not Exactly a Netflix Tax: Where Canada Stands on a Digital Sales Tax (Michael Geist)
  2. Careful: a digital tax isn’t the same as a Netflix tax
  3. Killing net neutrality at FCC is “not a slam dunk,” departing chair says: While Republicans could end net neutrality, Wheeler explains why they shouldn’t.
  4. Outgoing FCC Boss Warns New FCC About The Perils Of Killing Net Neutrality
  5. FCC Report Clearly Says AT&T & Verizon Are Violating Net Neutrality — And Nobody Is Going To Do A Damn Thing About It
  6. Report: Verizon Considering Comcast Merger In Supernova Of Dysfunction
  7. Trump team reportedly wants to strip FCC of consumer protection powers
  8. Trump’s Plan Is To Gut All FCC Consumer Protection Powers
  9. Don’t Touch That Dial: Why attempts to improve AM and FM radio technologies tend to land with a thud—a thud no harder felt than with the FMX standard, circa 1989. 

SURVEILLANCE & PRIVACY

  1. Assange weasels out of pledge to surrender if Manning received clemency: WikiLeaks founder now says it’s not good enough Manning will be released in May.
  2. Chinese Officials With Government Access To Every Kind Of Personal Data Are Selling It Online
  3. Court rules against man who was forced to fingerprint-unlock his phone: Unlocking a phone like this “is no more testimonial than furnishing a blood sample.”
  4. Mississippi AG Jim Hood sues Google—again
  5. Syrian Migrant Says He’s Tired Of Being The Subject Of ‘Fake News,’ Sues Facebook For Posts Linking Him To Terrorism
  6. It’s shockingly easy to hijack a Samsung SmartCam camera: Web management interface susceptible to command-execution bug.
  7. Empirical Data on the Privacy Paradox
  8. Cell Phone Hacking Company Hacked; 900 GB Of Logins, Log Files, And Forensic Evidence Taken
  9. Did The FISA Court Finally Reject The FBI’s Advances?
  10. Top UK Cop Says Hackers Should Be Punished Not With Prison, But With Jammed WiFi Connections
  11. VR as the Most Powerful Surveillance Technology or Last Bastion of Privacy? It’s up to Us.
  12. Law Enforcement Has Been Using OnStar, SiriusXM, To Eavesdrop, Track Car Locations For More Than 15 Years
  13. NSA to share data with other agencies without “minimizing” American information: Rules opposed by civil liberties and privacy advocates.
  14. It’s Official: Sixteen Government Agencies Now Have Access To Unminimized Domestic NSA Collections
  15. After Lawsuits And Denial, Pacemaker Vendor Finally Admits Its Product Is Hackable
  16. Cloudflare Finally Able To Reveal FBI Gag Order That Congress Told Cloudflare Couldn’t Possibly Exist
  17. Our Apathy Toward Privacy Will Destroy Us. Designers Can Help: The loss of security and privacy online may seem inevitable, but designers can help the public help themselves.
  18. Privacy’s Trust Gap (Neil Richards & Woodrow Hartzog)

jon

News of the Week; January 11, 2017

GAMES

  1. Atari Being Sued for Alleged Unpaid Rollercoaster Tycoon Royalties: Developer Frontier believes the game sold more than Atari said it did.
  2. Oculus VR condemns “wasteful litigation” as ZeniMax lawsuit begins: A Dallas court heard the opening statements yesterday, trial is expected to last three weeks
  3. China blocks Pokemon Go and others to protect ‘information security’
  4. Study estimates Pokemon Go has added over 144 billion steps to US physical activity
  5. Unofficial Sims Online revival buckles under unexpected player counts
  6. The Mystery Account Destroying Online Go Was Google’s
  7. That mystery Go player crushing the world’s best online? It was AlphaGo again: After 50 straight wins, DeepMind’s AlphaGo earned a draw—because its connection timed out.
  8. Activision hands out comical punishment to Call of Duty: Infinite Warfare exploiters: 48 hour bans handed out for economy-busting key harvesting glitch.
  9. Team-owned eSports org suspends CS:GO league after a majority of players bail
  10. Counter-Strike league shuts down after player revolt: Professional eSports Association abandons inaugural season after players refuse to play, citing misleading contracts
  11. Why Amazon and Activision Blizzard Are Betting on eSports As Gaming’s Next Big Thing: Some of tech’s biggest players see huge potential in the global reach and accessibility of eSports.
  12. “We need to reverse the way the media thinks about eSports”: eSports experts discuss why more government support and better promotion of player well-being is needed to help the industry grow in the UK
  13. Milwaukee Bucks Owner Wesley Edens Confirms Formation Of eSports Team
  14. 1.5M accounts exposed after eSports org balks at hacker’s ransom demand
  15. Why Japan’s arcades are its game industry’s cutting-edge labs
  16. Sim racing hits the big time with the $1 million Vegas eRace: Exciting racing made up for bland graphics in sim racing’s biggest-ever event.
  17. Pokémon Go’s road to China blocked over safety and security concerns: The mobile hit will be investigated by a state body for a range of potential risks
  18. Brain-Controlled VR Experiences: Challenges & Potentials
  19. Sweeney: VR platforms must stay open, Oculus following “the wrong model” – Epic Games co-founder believes Oculus is making the same mistake as Apple in cutting off its audience from other virtual reality users
  20. An AI has learned to drive on Mario Kart 64’s Luigi Raceway
  21. Rocket League topped PlayStation Store’s download charts in 2016: Psyonix beat some heavyweight competition to finish on top in both Europe and the US
  22. App Store revenues up by 40% to $20 billion in 2016
  23. Apple: App store devs earned $20 billion in 2016
  24. Steam hosts record-breaking 14M concurrent users
  25. Steam paid revenue flat in 2016 despite escalating releases – Steam Spy: More than 5,000 games hit Valve’s store last year, but “truly big games” were in shorter supply
  26. Vegas eRace: Racing drivers and gamers ready for $1M showdown
  27. Lionsgate invests in eSports team Immortals: Hunger Games movie firm makes another move in professional gaming
  28. Disney intros Kids TV streaming box: $99 ad-free media and games player in the works from Snakebyte, will support optional Bluetooth controllers
  29. New hardware, new approaches and new directions; three areas in which the industry will evolve significantly this year, and one that will remain stagnant
  30. Seven reasons why grown ups should play more video games: Often seen as the pastime of friendless teenagers or a guilty pleasure, there are many huge benefits to playing video games
  31. Elon Musk plays Overwatch, thinks storytelling is neglected in modern games
  32. Final Fantasy 7An oral history
  33. Game psychologist wants to help design game characters, not just systems

DIGITAL

  1. Popular tech blog sued by self-proclaimed “inventor of e-mail” hits back: “This fight could be the end of Techdirt, even if we are completely right.”
  2. Bureau closes Apple iPhone investigation: No abuse of dominance found related to contracts with Canadian wireless carriers (January 6, 2017 — Ottawa, On — Competition Bureau)
  3. France’s ‘Right To Disconnect’ Is Now Live, For Reasons Passing Understanding
  4. Linking to illegal content can constitute a copyright infringement – CJEU Sanoma interpreted by a German Court
  5. EFF to Court: Don’t Let the Right of Publicity Eat the Internet
  6. Children in England sign over digital rights ‘regularly and unknowingly’: Children’s commissioner calls for greater representation after study finds half of eight- to 11-year-olds have agreed opaque T&Cs with social media firms
  7. A Lack of Yakking: Students appear to have moved on from Yik Yak, once a prime app for anonymous gossip and racist comments — a relief for administrators struggling to curb online bullying.
  8. Tim Wu: ‘The internet is like the classic story of the party that went sour’ – The influential tech thinker has charted the history of the attention industry: enterprises that harvest our attention to sell to advertisers. The internet, he argues, is the latest communications tool to have fallen under its spell
  9. How a week of Trump tweets stoked anxiety, moved markets and altered plans
  10. Snapchat Accused of Misleading Investors in Ex-Employee’s Lawsuit
  11. Yahoo is dead, long live Altaba!: Following Verizon purchase, only Asian investments and some patents remain.
  12. Verizon Insists Higher Phone Upgrades Are Being Used To Enhance The Network Instead Of Make Up Revenue Decline
  13. TV anchor says live on-air ‘Alexa, order me a dollhouse’ – guess what happens next: Story on accidental order begets story on accidental order begets accidental order
  14. The Humans Working Behind the AI Curtain
  15. Why We Can’t Fix Twitter: Social media is broken. When will we realize that we’re the problem?
  16. How should Twitter respond to WikiLeaks threats to track its verified users?
  17. France does not currently need the new 3D printing laws that parliament is considering, say experts
  18. Martin Shkreli harasses Teen Vogue writer, has Twitter account suspended
  19. Eli Pariser: activist whose filter bubble warnings presaged Trump and Brexit – Upworthy chief warned about dangers of the internet’s echo chambers five years before 2016’s votes
  20. 2016 sees Internet Explorer usage collapse, Chrome surge
  21. Netflix Downloader Pulled Offline Following Trademark Complaint
  22. BBC vs Netflix: iPlayer to stream shows before they air on TV – Beeb gets in on binge-watch game—hopes to lure Brits away from rival services.
  23. Vancouver-based BroadbandTV expands to Southeast Asia, Middle East
  24. The Internet of Things: U.S. Copyright Office Releases Report on Software Enabled Products
  25. FridgeCam lets you make your dumb fridge smart with a simple camera: Why replace an entire fridge when you can stick a camera inside the one you have?
  26. Blockchains for Artificial Intelligence: From Decentralized Model Exchanges to Model Audit Trails
  27. Hacking the Attention Economy (danah boyd)
  28. Top 10 Internet Law Developments of 2016 (Eric Goldman)
  29. Honest YouTube Rewind: The Most Controversial YouTube Stories of 2016
  30. Why Trolls Won in 2016
  31. 2016: The Year We Stopped Listening To Big Tech’s Favorite Excuse – For a time, “We’re just a platform” was a handy excuse for the unexpected consequences of Silicon Valley’s most important companies. But this year it stopped working.
  32. Aaron Swartz and me, over a loosely intertwined decade: Remembering the talented activist who lived in our Internet neighborhood.

CREATIVITY

  1. US Supreme Court loaded with First Amendment cases: Can you trademark an offensive name or not? Justices to decide.
  2. Axanar isn’t fair use, judge finds, setting stage for Star Trek copyright trial: Set courtrooms to stun as judge rejects motions for summary judgment from both sides.
  3. Court gives jury mission to explore strange world of copyright and fair use
  4. Copyright in Klingon
  5. Why Unreleased Marvin Gaye, Supremes, Beach Boys Tracks Are Suddenly Appearing: EU Copyright Law
  6. Bill O’Reilly accused again of sexual harassment. Ratings to spike!
  7. The Killers issue demands to Panda Express over fortune cookie: It appears that the Las Vegas rock band stumbled upon a fortune cookie that reminded them of a hit track from their first album, Hot Fuss.
  8. Judge Rules ‘Krusty Krab’ Restaurant Violates Viacom’s ‘SpongeBob’ Rights
  9. Indian High Court Blocks Rent-Seeking Collection Societies From Seeking Any More Rent
  10. Ontario Court of Appeal confirms $80,000 libel judgment against Ezra Levant: Saskatchewan lawyer brought suit in response to blog posts
  11. <i>Walking Dead</i> creator lives to fear others’ trademark applications
  12. Tresona Multimedia, LLC v. Burbank High School Vocal Music Association
  13. Now BMI takes on the US Radio industry
  14. Bulgarian Public Radio Forbidden To Play 14 Million Pieces Of Music By Copyright Collection Society
  15. China & Hollywood: What Lies Beneath & Ahead In 2017
  16. Congressman Appoints Himself Censor, Removes Painting Critical Of Cops From Congressional Halls
  17. A Seismic Ruling Revisited: No Common-Law Public Performance Rights in Pre-1972 Sound Recordings in New York–Flo & Eddie v. Sirius
  18. 2016 Quick Links, Part 8: Fake News, Terrorist Content, Censorship & More (Eric Goldman)
  19. 2016 Quick Links, Part 9: Privacy/Security (Eric Goldman)
  20. Copyright Law & The Drummer (Ronojoy Basu) 

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. Canadian Regulators Declare 50 Mbps To Be The New Broadband Standard
  2. Why a media coalition is decrying a CRTC ruling on Super Bowl feeds (Michael Geist)
  3. NFL Blitzes Trudeau in Arcane Super Bowl Advertising Dispute
  4. Norway Set to Be First Country to Switch Off FM Radio: Move to all-digital radio sparks debate
  5. ISPs Get Right To Work Pushing For Elimination Of New FCC Broadband Privacy Rules
  6. Verizon Cracks Down On Unlimited Data Users, Claims Nobody Wants Unlimited Data Anyway
  7. FCC Denies Reconsideration of Noncommercial Broadcasting Ownership Report Requirements – But Signs that New Commission May See Things Differently 
  8. Tom Wheeler accuses AT&T and Verizon of violating net neutrality: Paid zero-rating in crosshairs, but it won’t matter once Trump is president.
  9. AT&T Intends To Dodge FCC Review Of Time Warner Mega-Merger, But Trump Remains A Wild Card
  10. AT&T Already Backing Off Its Biggest Time Warner Merger Promise: Cheaper TV
  11. AT&T and Time Warner still trying to sidestep FCC scrutiny of merger: Time Warner might get rid of dozens of licenses to avoid public interest review.
  12. Ad Industry Wants New FCC Broadband Privacy Rules Gutted Because, Uh, Free Speech!
  13. Don’t Gut Net Neutrality. It’s Good for People and Business
  14. Verizon raises upgrade fee to “cover increased cost”—but its costs declined
  15. Verizon purges unlimited data customers, targets those using 200GB: Heaviest unlimited data users must switch to limited plans or be disconnected.
  16. The Fox News nighttime lineup has shed its last element of real journalism
  17. The huge challenge of covering Trump fairly
  18. Yes, Donald Trump ‘lies.’ A lot. And news organizations should say so.
  19. The U.S. Media’s Problems Are Much Bigger than Fake News and Filter Bubbles
  20. It’s time to retire the tainted term ‘fake news’
  21. How to Reverse Journalism’s Decline: American journalism is in dire straits. Is a robust public subsidy the antidote?
  22. Inside The Rise Of The “Breitbart Of The Left”: David Brock, the conservative apostate turned liberal agitator, lays out his plans for the future of the Internet for progressives. “We’re going to go after spineless Democrats who want to make nice with Trump.”
  23. Did Media Literacy Backfire? (danah boyd)

SURVEILLANCE & PRIVACY

  1. Facebook, Google face strict EU privacy rules that could hit ad revenues: Plans to plug “void of protection” could place ad trackers on cookie diet in Europe.
  2. LA Community College paid $28,000 to free itself from ransomware
  3. CSIS assessing ‘bulk data’ collection, records show
  4. IMDb tells California it will continue to publish actors’ ages: The law “plainly violates the First Amendment of the US Constitution and cannot be enforced,” says the Amazon-owned company.
  5. Court Says 791 Days Of Warrantless Location Tracking ‘Unreasonable,” But Refuses To Toss Evidence
  6. What The US Intelligence ‘Russia Hacked Our Election’ Report Could Have Said… But Didn’t
  7. How the U.S. Hobbled Its Hacking Case Against Russia and Enabled Truthers: There’s a ton of evidence tying Moscow to the DNC hack. Somehow, Washington managed to screw up its presentation of that evidence.
  8. FBI Releases A Stack Of Redactions In Response To FOIA Request For Info On Its Purchased iPhone Hack
  9. Unsecure routers, webcams prompt feds to sue D-Link: D-Link failed to maintain confidentiality of private key used to sign its software.
  10. US warns of unusual cybersecurity flaw in heart devices
  11. Feds may let Playpen child porn suspect go to keep concealing their source code: In 2016, judge ordered DOJ to give up source code targeting a Tor-hidden child porn site.
  12. ‘For The Children’ Cyberbullying Law Running Into Opposition From Groups Actually Concerned About Children
  13. How hackers made life hell for a CIA boss and other top US officials
  14. Big Surprise! – Fraud and identity theft a real problem for online dating sites! 

jon

 

 

 

 

News of the Week; January 4, 2017

GAMES

  1. Planet Coaster dev suing Atari over $2.2M in unpaid royalties
  2. Frontier suing Atari over RollerCoaster Tycoon royalties: Cambridge-based developer claims it is owed $2.2m, has attempted to resolve situation without legal action
  3. Iranian government blocks access to Clash of Clans: An official committee backed restrictions based on fear that Supercell’s game could incite tribal conflict
  4. Platinum’s Ninja Turtles game pulled from digital stores after eight months
  5. Former Project IGI devs buy IP back from Square Enix: But developer Artplant not announcing new game just yet, re-releases and remasters are off the cards
  6. Porsche’s exclusive deal with Electronic Arts is no more: After 17 years, the exclusive deal ends, freeing Porsches to appear in new games.
  7. Minecraft expansion successfully tricks students into learning: Tiny preliminary study suggests that it worked reasonably well.
  8. World of Warcraft featured in exhibit on world-changing tech
  9. Experimental VR Alzheimer’s Therapy App Made Just Hours After Plea by Child of Afflicted Father
  10. Managing Pain & Anxiety in Hospitals with AppliedVR
  11. Virtual Therapy for Stroke Neurorehabilitation & Skill Relearning
  12. Opinion: Technology Killed 1v1 Esports
  13. Super Mario Run’s missed opportunity
  14. Nintendo switches off Devil’s Third servers for good
  15. Hearthstone devs reluctant to make community videos for fear of harassment
  16. Nvidia makes it easier for gamers to stream live to Facebook
  17. Nvidia brings GeForce Now game streaming to any PC or Mac
  18. NHL Involvement, Conversation Around eSports Currently ‘A Sperm Cell’
  19. The Best of the Rest: Ars Staffers’ favorite games of 2016 – They’re not the “Game of the Year,” but these games were still important to us.
  20. Historians discuss Civilization VI
  21. Someone Is Destroying Online Go, And Nobody Knows Who It Is

DIGITAL

  1. ‘Copyright Trolls’ Hit With Class Action Lawsuit For Theft by Deception
  2. Browsewraps, fair dealing and Blacklock’s Reporter v Canada: a critical commentary
  3. Failure to Introduce Source Code of Original Work Fatal to Claim Against Alleged Derivative Work
  4. Apple pulls New York Times apps from Chinese App Store by China’s request: Apps have been missing from the store since December 23.
  5. Honest Shanghai app gives citizens public credit score
  6. China has made obedience to the State a game: China has created a social tool which gives people a score for how good a citizen they are
  7. Web of tax breaks and subsidies keeps iPhone production in China: Foxconn’s clout as Apple’s manufacturing partner nets billions in incentives.
  8. Apple’s FaceTime blamed for girl’s highway crash death in new lawsuit: Family claims Apple should have deployed patented tech to “lock-out” motorists.
  9. Victims Of Car Crash Sue Apple For Not Preventing Distracted Driver From Hitting Their Vehicle
  10. Families of Orlando nightclub shooting victims sue Facebook, Google and Twitter
  11. Follow Buddies and Block Buddies: A Simple Proposal to Improve Civility, Control, and Privacy on Twitter (Danielle Citron & Benjamin Wittes)
  12. Google Apparently No Longer Humoring Court Orders To Delist Defamatory Content
  13. The Most Important Law in Tech Has a Problem: How “safe harbor” turned into a protector of privilege.
  14. Facebook scrubs — then restores — post that called Trump supporters ‘fascists’
  15. Now Italy Wants To Make ‘Fake News’ Illegal
  16. How Amazon, Google, and Facebook Will Bring Down Telcos
  17. Op-ed: Five unexpected lessons from the Ashley Madison breach – This is the first FTC complaint involving lying bots – there will be more.
  18. Pirates: You Can Click But You (Can’t) Can Hide
  19. LG threatens to put Wi-Fi in every appliance it introduces in 2017: Its new fridge includes Amazon’s Alexa and a bunch of cameras.
  20. Snapchat using machine learning to introduce greater targeting to its ad stack
  21. Ridiculous Congressional Proposal Would Fine Reps Who Live Stream From The Floor
  22. From Tape Drives to Memory Orbs, the Data Formats of Star Wars Suck (Spoilers)
  23. 2016 Was The Year Torrent Giants Fell
  24. Is an NSA contractor the next Snowden? In 2017, we hope to find out: These 5 cases touch on the near-future of drones, privacy and IP law.
  25. Glasses From eSight Help Legally Blind Indianapolis Colts Fan See First Game
  26. The Chatbot Will See You Now
  27. The Bot Politic: Silicon Valley’s usual solution to designing an inoffensive, eager-to-please technology has been to make it a woman. But why use gender at all?
  28. The most dramatic patent and copyright cases of 2016: Google v. Oracle; Prenda lawyers arrested; and much more.
  29. Our Unfortunate Annual Tradition: A Look At What Should Have Entered The Public Domain, But Didn’t
  30. Fighting for Fair Use and Safer Harbors: 2016 in Review (EFF)

CREATIVITY

  1. ‘Star Trek’ Fan Film Not Fair Use, Will Be Tried by Jury
  2. Aussie Productivity Commission Doubles Down On Fair Use And Serious Copyright & Patent Reform
  3. Surrender Dorothy: Court Upholds Damages, Injunction for Movie Content Infringement
  4. Welcome, Mr. Walt Disney, to the Canadian Public Domain (Howard Knopf)
  5. Milo Yiannopoulos’s Cynical Book Deal
  6. Milo Yiannopoulos Inks Book Deal With Simon & Schuster: The “alt-right” icon was banned from Twitter after launching a widespread attack on actress Leslie Jones.
  7. Simon & Schuster Threatened with Boycott for $250K Book Deal with Alt-Right Homocon Troll Milo Yiannopoulos
  8. Our Murrow Moment: The time for hand-wringing and hysteria is over. The Trump presidency promises a civic stress test. In a time of principled fights, citizens and journalists need to respond with fearlessness rooted in fairness.
  9. Librarians must resist trumpism
  10. Actors rush to protect their image from ‘digital resurrection’ after they have died following eerie Star Wars: Rogue One reanimation of Carrie Fisher
  11. Fox News Opinions Get Wide Berth Under Defamation Law
  12. Kareem Abdul-Jabbar: ‘The Bachelor’ Is Killing Romance in America
  13. Creative solutions to cultural appropriation – fashion industry
  14. The most dramatic patent and copyright cases of 2016: Google v. Oracle; Prenda lawyers arrested; and much more.
  15. Tesla Gave Up Its Patents, But People Are Freaked Out That Faraday Future Put Its Own Into A Separate Company
  16. Ten Worst Section 230 Rulings Of 2016 (Plus The Five Best)
  17. 2016 Quick Links, Part 3: Trademarks And Domain Names (Eric Goldman)
  18. 2016 Quick Links, Part 4: Counterfeits And Olympics (Eric Goldman)
  19. 2016 Quick Links, Part 5: Patents, Other IP, Employment, CFAA (Eric Goldman)
  20. Functionality Screens (Christopher Buccafusco & Mark Lemley)

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. Terence Corcoran: The CRTC needs to stop playing this game and let networks decide what ads run during the Super Bowl
  2. Canada Classifies Broadband as a Basic Telecommunications Service
  3. Tucker Carlson delivers sexism for Fox News
  4. Megyn Kelly Is Leaving Fox News for NBC
  5. Canada among the ‘most expensive mobile data countries,’ report says: People are worried about ‘crazy, huge overage fees,’ OpenMedia spokeswoman says
  6. FCC Approves Up to 49% Foreign Ownership of Univision – What Guidance is Provided to Potential Foreign Investors in US Broadcast Stations? 
  7. FCC Settles Largest Lifeline Enforcement Case for $30 million and Permanent Ban from the Program 
  8. FCC Denies Petition for Declaratory Ruling on Fax Advertisements 
  9. Dutch Regulators Demand T-Mobile Stop Zero Rating, Remind Users That Free Data Isn’t Really Free
  10. Cord-Cutting Forces Cable Networks to Make Hard Choices
  11. CASL — Year in Review

SURVEILLANCE & PRIVACY

  1. A French court case against Google could threaten global speech rights
  2. Obama administration announces measures to punish Russia for 2016 election interference
  3. White House Kicks Russian Diplomats Out Of The Country, Releases Preliminary Report On Russian Hacking With More To Come
  4. Obama tosses 35 Russians out of US, sanctions others for election meddling: Intelligence dump from DHS and FBI bolsters claims of Russian election interference.
  5. Singapore Will Add Iris Scans As Identifier For Citizens And Permanent Residents Starting January 1
  6. UK Councils Used Massive Surveillance Powers To Spy On… Excessively Barking Dogs & Illegal Pigeon Feeding
  7. Surveillance in Latin America: 2016 in Review (EFF)
  8. Facebook buys data on users’ offline habits for better ads: And opting out is a lot more complicated than it should be.
  9. Man Has To Beg LG To Uncripple His ‘Smart’ TV After Ransomware Attack
  10. Malware Purveyor Serving Up Ransomware Via Bogus ICANN Blacklist Removal Emails
  11. Online and Mobile Tracking Company Settles FTC Charges It Deceptively Tracked Consumers
  12. Watch out hackers: Deploying ransomware is now a crime in California: Previously, prosecutors had to rely on the state’s extortion statute.
  13. Confirmed Horrible Person James Woods Continues Being Horrible In ‘Winning’ Awful Lawsuit To Unmask Deceased Online Critic
  14. EU Binding Corporate Rules For Transferring Data: A Comparison of US Law, EU Law, and Soon-To-Be EU Law
  15. The Real Name Fallacy
  16. When Do Data Breaches Cause Harm? (Daniel Solove)

jon