News of the Week; November 16, 2016

GAMES

1. Mean Girls v. The Right of Publicity: Lessons Learned From the Lohan and Gravano Lawsuits
2. Ubisoft execs accused of insider trading, publisher denies claims: Five executives, including Montreal CEO, allegedly sold stocks ahead of delay announcements
3. PSN user gets suspended for sharing in-game Watch Dogs 2 nudity: Ubisoft promises to patch out some of the offending naughty bits.
4. Amazon ordered to issue refunds for children’s IAP: The e-tailer will set up a year-long process to reimburse parents for in-app purchases their children made without permission
5. EA puts influencers in check with disclosure rules for sponsored content: It includes two new hashtags and watermarks
6. EA wants to ensure that streamers disclose sponsorships: The publisher is requiring influencers to use hashtags and watermarks on their content
7. EA CEO stresses diversity and representation in games: “If you’re going to make games for a community, you have to have a true representation of that community,” says Andrew Wilson
8. ‘Why we won’t just log off’: Online harassment in the game industry
9. Your Life Will Be A Video Game (Andrew Wilson)
10. Video games Trump hate
11. Breaking Down Blizzard’s New Overwatch League For 2017
12. Justice O’Connor Has An ‘Educational’ Video Game About Elections And It’s Entirely Wrong
13. EA cautious over Nintendo Switch potential: Publisher says it is committed to bringing ‘one or two’ of its biggest IP to the platform
14. Why Virtual Sports Games Will Drive the Next Wave of Growth for Esports: We’re past the point of debating whether esports is “here” or not. It’s time to take a look why and how virtual sports games will drive the next phase of growth of this global phenomenon.
15. 14% of Americans over 13 follow eSports – Nielsen: Overwatch appeals to a younger demographic than other eSports titles
16. Dishonored 2 Is One of the Most Fascinating Game Worlds Ever
17. ‘Tomb Raider’ Turns 20: The Complex Legacy of Lara Croft
18. D&D inducted into Toy Hall of Fame, lauded for its influence on video games

DIGITAL

1. Facebook Acts to Restore Trust After Overstating Video Views
2. Here’s How Facebook Actually Won Trump the Presidency
3. Hyperpartisan Facebook Pages Are Publishing False And Misleading Information At An Alarming Rate: A BuzzFeed News analysis found that three big right-wing Facebook pages published false or misleading information 38% of the time during the period analyzed, and three large left-wing pages did so in nearly 20% of posts.
4. How Teens In The Balkans Are Duping Trump Supporters With Fake News: BuzzFeed News identified more than 100 pro-Trump websites being run from a single town in the former Yugoslav Republic of Macedonia.
5. Obama: Fake news on Facebook is creating a ‘dust cloud of nonsense’
6. Facebook’s failure: did fake news and polarized politics get Trump elected?: The company is being accused of abdicating its responsibility to clamp down on fake news stories and counter the echo chamber that defined this election 
7. Facebook Alone Didn’t Create Trump—The Click Economy Did
8. Facebook’s Fight Against Fake News Was Undercut by Fear of Conservative Backlash
9. Zuckerberg Hits Back: Don’t Blame Facebook For Donald Trump – Facebook is struggling to distance itself from Trump, even as its largest shareholder is leaning in.
10. Mark Zuckerberg vows more action to tackle fake news on Facebook: Facebook chief acknowledges problem but continues to argue that spread of hoax stories on the social network did not influence US election 
11. Zuckerberg claims just 1% of Facebook posts carry fake news: Facebook boss on defensive about misinformation in the wake of Trump’s election.
12. Facebook won’t allow racially targeted ads for jobs, housing: Change comes after reporters bought their own discriminatory housing ad last month.
13. Facebook is telling everyone that they’re dead
14. Edward Snowden just told us we should rely less on Facebook for news. This is why.
15. Mark Zuckerberg Is in Denial (Zeynep Tufekci)
16. The Real Problem Behind the Fake News: Facebook is under fire for spreading falsehoods. But it’s getting away with a bigger lie.
17. How Twitter bots helped Donald Trump win the US presidential election: What happens when biased robots with unknown agendas join the online conversation?
18. Twitter is finally taking abuse seriously
19. Twitter bots can reduce racist slurs—if people think the bots are white: Results of two-month study revealed on same day as new Twitter “muting” updates.
20. Don’t Fret About Fake Political News
21. Sony Wants To Patent A System For Scoring Journalists’ ‘Veracity’
22. Will Cutting Off Ads From Google & Facebook Really Stop Fake News?
23. Teaching an Algorithm to Understand Right and Wrong
24. Court Dismisses Anti-Muslim Troll Pam Geller’s Lawsuit Against The DOJ For Facebook’s Moderating Actions
25. White nationalist says losing Twitter account was a “digital execution”: Company won’t say why it finally felt some alt-right accounts crossed the line.
26. How Russia Pulled Off the Biggest Election Hack in U.S. History: Putin, Wikileaks, The Nsa And The Dnc Email Fiasco That Gave Trump And Clinton Another Reason To Be At Odds.
27. E-books can be lent by libraries just like normal books, rules EU’s top court: CJEU says it only applies to one copy at a time; must be obtained legally.
28. CJEU on e-lending: The right to lend books includes the right to lend electronic books.
29. Top 100 Most Subscribed YouTube Channels Worldwide: October 2016
30. Maybe Spotify Isn’t Killing The Music Industry After All
31. Google responds in EU antitrust case: “Android hasn’t hurt competition” – Search giant faces $7.4 billion fine if found to have blocked competitors in the market.
32. Federal Court affirms “right to read” in paywall copyright case (Teresa Scassa)
33. Federal Court Rules Against Blacklock’s: Business Models Always Subject to Copyright Fair Dealing Rights (Michael Geist)
34. Yelp avoids liability for allegedly biased filter yet again: Albert v. Yelp, Inc., 44 Media L. Rep. 2357 Cal. Ct. App. July 15, 2016 (Rebecca Tushnet)
35. Section 230 Doesn’t Protect Amazon From Products Liability Claims–Mcdonald v. LG
36. Section 230 Ruling Against Airbnb Puts All Online Marketplaces At Risk–AirBNB v. San Francisco (Eric Goldman)
37. Now The Seventh Circuit Is Sh—ing On Section 230–Huon V. Denton (Eric Goldman)
38. Navy denies it pirated 558K copies of software, says contractor consented: Military admits widespread install, but says its 38 licenses were not “limited.”
39. Apple tax case: Ireland to formally appeal EU state aid ruling – Irish government says it “fundamentally disagrees” with Brussels’ judgment.
40. The Spanish Government The Latest To Try To Ban Memes
41. Gambling sites eyeballed by UK data watchdog over spam texts: ICO urges Brits to dob in repeat offenders as it pens missive to 400 gambling firms.
42. Microsoft offers antitrust concessions to EU over LinkedIn purchase: Salesforce claims Microsoft’s planned buyout of LinkedIn is an unfair data grab.
43. Kaspersky accuses Microsoft of anticompetitive bundling of antivirus software: In some situations, Windows 10 will disable third party anti-malware products.
44. Network security company CEO resigns after “joking” about killing Trump: PacketSled’s Matt Harrigan declares on Facebook, “Bring it, Secret Service.”
45. Take Note: Copyright Troll Gets Stiff Response From Someone It Tried To Bully, Immediately Runs Away
46. CNN Uses Copyright To Block Viral Clip Of Van Jones’ Impassioned Statement
47. U.S. judge rejects World Chess bid to block websites from airing moves
48. There’s Legal Intrigue at the World Chess Match
49. How to build a more civil internet
50. New study from Packet Clearing House and CIRA looks at Canadian Internet traffic patterns
51. Indiegogo follows in Fig’s footsteps by allowing equity crowdfunding
52. A digital levy on Google and Facebook isn’t the answer to UK newspaper woes – Op-ed: You want good journalism? Time to start paying for it.
53. BuzzFeed’s pro tennis investigation displays ethical dilemmas of data journalism
54. Conflict Of Laws Has Caught Up With Silicon Valley. Now Silicon Valley Needs To Catch Up On Conflict Of Laws 
55. PK/EFF/CDT Amicus Brief in BMG v. Cox

CREATIVITY

1. Blacklock’s Fails in Copyright Litigation Against the Government of Canada – Fair Dealing is Upheld and Even Extended
2. U.S. Justice Department to appeal music licensing court loss
3. Just before trial, The Turtles settle copyright suit against Sirius XM
4. Copyright case against Bieber, Usher should be dismissed – judge
5. Internet Giants Warn of Mass User Terminations If Recent Appellate Ruling Left Untouched: A 2nd Circuit rehearing is demanded in the MP3Tunes case.
6. Music Composer For ‘A Clockwork Orange’ Sues Australian Who Created ‘A Trumpwork Orange’ Parody Trailer
7. Donald Trump Parody Results in Clockwork Orange Copyright Suit
8. Examining Trump’s History: The New President And Trademark Rights
9. China Finds Something Else To Regulate, Brings In Its First Law For The Film Industry
10. IMDb Sues The State Of California Over New ‘Ageism’ Law
11. Dr. Seuss estate sues over Star Trek“mashup” book: Is it fair use? “We may spend time… proving it to people in black robes.”
12. Dr Seuss estate sues Star Trek writer over comic book
13. One Fish Two Fish, We Will Sue Fish: Seuss Lawyers Hop On Pop Art
14. EU Court Of Justice Says The Shape Of Rubik’s Cube Should Not Be Trademarked
15. French law on digital versions of out-of-print books flouts EU directive: Ruling could have big impact on copyright legislation across the 28-member-state bloc.
16. Dispute Over Cheerleader Uniforms Could Have a Chilling Effect on Cosplay 
17. Toto, I Don’t Think We’re In The Public Domain Anymore
18. Can Artists Stop Brands from Using Their Lyrics?: When an artist’s lyrics go viral, they often aren’t the only ones to cash in on the craze.
19. Should a Work in the Public Domain Be Able to Become a Trademark?
20. Term of protection of copyright in the EU is not set to revive rights that were in the public domain
21. The 7 Most Unfortunate Brand Names Ever Trademarked
22. Trump Victory May Kill the TPP, But Reopening NAFTA Could Bring Back the Same IP Demands (Michael Geist)
23. Using others’ product photos to advertise same product isn’t fair use: Minka Lighting, Inc. v. Bath Kitchen Decor, 2015 WL 12743863 C.D. Cal. Feb. 13, 2015 (Rebecca Tushnet)
24. Jeffrey Katzenberg Pens Open Letter to Hollywood After Trump Victory: One of the industry’s Democratic leaders, the Hillary Clinton supporter writes for THR about her “heart-wrenching” loss and his cautious optimism: “Whatever path President-elect Trump chooses, the way of Candidate Trump will not be our way.”

MEDIA, COMMUNICATIONS & NET NEUTRALITY

1. The Billion Dollar Question: How to Pay for Melanie Joly’s Digital Cancon Plans (Michael Geist)
2. Trump and net neutrality: How Republicans can make the rules go away – Republican FCC or Congress could get rid of Title II and net neutrality rules.
3. GOP tells FCC to just stop what it’s doing until Trump is inaugurated: Set-top box rules and other changes could be dead in Obama’s final months.
4. Trump’s FCC: Tom Wheeler to be replaced, set-top box reform could be dead
5. Liberty Media CEO Says Trump Likely “Positive” for Cable Regulation, Sees Time Warner Deal Approval
6. Time Warner Cable Sued Again Over Sneaky Hidden Fees…By Plaintiff Not Seeking Monetary Damages
7. AT&T zero-rating of DirecTV data may violate net neutrality, FCC says: AT&T exempts its video from caps, charges other companies for same treatment.
8. Will Skinny Bundles Like AT&T’s DirecTV Now Destroy Pay TV?
9. Too Little Too Late: FCC Finally Realizes AT&T’s Zero Rating Is Anti-Competitive
10. Comcast suspends data caps—but only in Maine
11. Charter customer sues over hidden fees, claims “massive billing fraud” – Lawsuit: Charter falsely advertises lower prices without mentioning extra fees.
12. Charter Says Its Sneaky, Unnecessary Fees Are A Consumer Benefit
13. Premier League scores in latest dispute with pub broadcasting football matches 

SURVEILLANCE & PRIVACY

1. Pleading the Case: How the RCMP Fails to Justify Calls for New Investigatory Powers
2. Russian Hackers Launch Targeted Cyberattacks Hours After Trump’s Win
3. Pre-installed phone software transmitted user information to China
4. Long Time Mass Surveillance Defenders Freak Out Now That Trump Will Have Control
5. VP Elect Mike Pence Goes To Court To Keep His Emails Secret
6. Security News This Week: What Trump’s Win Means for Cybersecurity
7. Data-Driven Policing Still Problematic; Now Being Used By Government Agencies For Revenue Generation
8. Officer charged with manslaughter in live-streamed death of motorist: Dying man’s final words, prosecutor said, were “I wasn’t reaching for it.”
9. Yahoo admits some staff knew of mega breach in 2014: Independent committee probes who knew what when as more hacker claims surface.
10. FBI operated 23 Tor-hidden child porn sites, deployed malware from them
11. Tesco Bank reimburses £2.5 million to 9,000 customers after attack: Bank reinstates online current account transactions as NCA and GCHQ hunt culprits.
12. Despite Trump Fears, Snowden Sees a Hopeful Future
13. Argentina Orders Telecoms To Create A Permanent Database Of All Mobile Phone Users
14. This Year’s Five Must-Read Privacy Papers: The Future of Privacy Forum Announces Recipients of Annual Privacy Award
15. Privacy is an essentially contested concept: a multi-dimensional analytic for mapping privacy (Deirdre Mulligan, Colin Koopman & Nick Doty)

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