News of the Week; September 16, 2020

GAMES

1. Lawsuit over Atari 2600 Copycat Is Going to Trial
2. Ubisoft renamed Immortals Fenyx Rising after trademark dispute: Upcoming game given current name after Monster Energy opposed trademark application for original title Gods & Monsters
3. Twitch apologizes for offensive Hispanic Heritage Month emotes: Emote modifiers including sombreros and maracas “clearly missed the mark” and were inappropriate, streaming platform says
4. Apple asks to block iOS Unreal Engine development in new court filing
5. Apple claims Epic started legal battle to ‘reinvigorate interest’ in Fortnite
6. Apple allows streaming games on iOS, but there’s a catch
7. Apple’s updated iOS App Review Guidelines basically put the kibosh on Stadia, xCloud
8. Ubisoft CEO issues apology for past misconduct ahead of Ubisoft Forward event
9. Ubisoft CEO addresses abuse scandal, Elite Squad controversy: Yves Guillemot apologizes for failing to protect victims, condemns “anyone using our game as a proxy for hate or toxicity”
10. Ubisoft adds Riders Republic, Prince of Persia remake to early 2021 lineup: Publisher plans Immortals Fenyx Rising and Scott Pilgrim vs. the World re-release for this holiday season, Rainbow 6 World Cup event next summer
11. Private data gone public: Razer leaks 100,000+ gamers’ personal info
12. Razer apologises for exposing 100,000 customers’ personal data
13. Trans games professionals explore Tell Me Why’s landmark depiction of trans identity
14. Darewise: “We have a social responsibility” to provide alternatives to game violence – Why the former AAA developers are focusing on social interactions and collaboration in Life Beyond
15. Mediatonic’s plan to exile Fall Guys cheaters to a cheaters-only queue backfired
16. Gaming engagement begins to return to post-pandemic levels in Europe: GameTrack survey finds that players spent an average of 1.5 more hours per week on games during lockdown
17. EA to replace Origin with EA Desktop as services rebrand continues
18. EA To Rebrand Its Origin Platform As It Bows Out Of The PC Gaming Platform Wars
19. EA furthers its strategy for “frictionless,” “democratized” gaming
20. Take-Two CEO questions cloud gaming hype, claims tech won’t be transformative
21. Strauss Zelnick doubts cloud gaming will transform the industry: Take-Two CEO questions the logic that removing the console or PC dramatically expands gaming’s audience
22. US labor agency finds merit in Kickstarter termination complaint: NLRB says union organizer has a case in claiming he was illegally fired by the crowdfunding platform
23. Roblox launches digital civility curriculum to teach students about online safety
24. Roblox wants to teach kids how to spot fake news and be safe online: Firm rolls out free ‘digital civility’ course with 20 hours worth of educational content
25. Cloud streaming support is being added to over 150 Xbox Game Pass Ultimate titles
26. Codemasters: “It would be naive to think costs remain the same” on next-gen – But CEO Frank Sagnier is optimistic as Dirt 5 is positioned as a key title in Xbox Series, PS5 launch line-up
27. Series S redefines “next-gen” – and throws down a gauntlet to Sony | Opinion: Microsoft shows its    commitment to disrupting the market as the $299 Series S questions the concept of console generations
28. Xbox updates privacy settings, promises more transparency about data collection: Platform holder will no longer collect data from voice search, will allow users to opt-in to additional diagnostics sharing
29. PlayStation 5 event: $499 with a disc drive, $399 without, on Nov. 12
30. PlayStation 5 priced at $399 & $499, but it won’t see a cohesive global launch
31. PlayStation 5 will cost $500, all-digital version is $400: Both consoles launch November 12 in select regions, November 19 worldwide
32. Sony embraces increased next-gen software pricing: Demon’s Souls and Destruction All Stars will cost $70 as PlayStation 5 console exclusives
33. Sony pushes back on reports that it’s reducing PS5’s launch availability
34. Sony denies rumors that PS5 production has been cut over chip manufacturing issues
35. Sony: “We have not changed the production number for PlayStation 5” – Hardware maker denies reports it has cut production by 4 million units
36. Sony rolls out PS Plus Collection for PS5 launch: Subscribers will be able to download more than 15 PS4 games to play on the new console
37. Sony reportedly using air freight to move PlayStation 5 to US retailers: Use of pricier transit could be due to factors including need for more production time, higher demand, COVID-19
38. Analysis: Sony banks on PlayStation Studios to deliver winning console generation
39. First-party PlayStation 5 games priced from $49 to $69, with some also coming to PS4
40. GameStop reportedly preparing Xbox, PS5 payment plans: Struggling retailer aims to make next-gen consoles more affordable with its own alternative to Xbox All Access
41. The Next Generation Of Video Game Consoles Could Be The Beginning Of GameStop’s Death
42. Console options without disc drives could be GameStop’s final death knell
43. Control snafu shows how one publisher is struggling with next-gen upgrades
44. Report: Nintendo Switch has sold more than 15m units in Japan – While Animal Crossing New Horizons has apparently shifted more than 5.6m copies in the region
45. Mario Kart Tour more than doubled Nintendo Account user base to 200m: Platform holder also planning more movies and TV projects, hints at next console
46. Super Mario 3D All-Stars review: A bare-bones nostalgia warp zone – It’s no more and no less than three of the best 3D platformers ever made.
47. Apple One subscription bundles Apple Arcade with other Apple services
48. Apple bundles Apple Arcade in with other subscription services via Apple One: Individuals can get Apple Arcade, Music, and TV+ for $15/month
49. Introducing Apple One, Apple’s subscription bundle answer to Amazon Prime
50. Feds seize OnePlus Buds, mistaking them for “counterfeit” AirPods
51. CBP So Confused It Seizes Clearly Labeled OnePlus Earbuds, And Falsely Claims They’re Counterfeit Apple Airpods
52. Asobu: Putting Japan’s indies on the international map
53. Asobu launches support initiative to help Japan’s indie scene flourish
54. Gameloft looks to diversify with The Other Guys acquisition
55. ViacomCBS sells Metacritic, GameSpot, others to Red Ventures in $500 million deal
56. Niko Partners: 75% of China’s 720 million gamers live outside the biggest cities
57. Addicting Games acquires Mope.io game: US site spends undisclosed seven-figure sum on browser and mobile title with 72 million players
58. Black Desert Online has amassed almost $2 billion in revenue since 2014
59. Black Desert Online has made $1.7bn in revenue to date: Pearl Abyss reports its five-year-old MMO has brought in around $700m in the last 17 months
60. Slime Rancher tops 3 million sales in just over three years
61. Tony Hawk’s Pro Skater 1+2 sells 1 million copies in less than two weeks
62. Tony Hawk’s Pro Skater 1 + 2 is the biggest UK launch for the series since 2003: With digital, it is probably the biggest launch ever
63. Rocket League’s life as a free to play game starts September 23
64. E-sports pros have “dream” jobs—but game publishers have all the power
65. Ninja Returns To The Platform That Started It All — Twitch — In Exclusive, Multi-Year Deal
66. Twitch Unveils ‘Versus,’ Which Lets Anyone Create, Manage, And Livestream Their Own Esports Competition
67. Twitch Tests Automated Mid-Roll Ad Format To The Dismay Of Several Top Creators
68. Guild Esports’ IPO Announcement
69. Farming Simulator League: Bringing agriculture and gaming together
70. Oculus users who violate Facebook rules may lose access to VR content: Violations can include using pseudonyms or providing an inaccurate date of birth
71. Facebook to discontinue Oculus Rift S, will no longer develop PC-only VR hardware
72. Facebook’s Oculus Quest 2 leaks ahead of official reveal
73. Facebook leak reveals Oculus Quest 2 as a 4K standalone VR headset
74. Oculus Quest 2 launches in October for $299
75. Review: We do not recommend the $299 Oculus Quest 2 as your next VR system
76. Ubisoft is making Assassin’s Creed, Splinter Cell titles for Oculus: Titles will be platform-exclusive, developed by Ubisoft’s Red Storm Entertainment
77. Over 35 Oculus Quest games have generated revenue in the millions
78. Facebook announces Oculus Quest 2, discontinues Rift and original Quest: New standalone headset ships October 13, costs $300 for a 64GB model, $400 for 256GB
79. Embracer Group enters VR market with purchase of Arizona Sunshine dev Vertigo
80. Koch Media acquires Vertigo Games for €50m
81. Blog: Procedural map generation in The Riftbreaker
82. Blog: A half-decade sales analysis of Lovers in a Dangerous Spacetime
83. Blog: Designing non-violent games
84. Blog: The road to Ruinarch – Part 2
85. Blog: A King of Cards: Joustus deep dive – Part 1
86. Blog: A deep dive into Dwerve’s dynamic 2D lighting
87. Blog: The hidden art of pacing – Part 3
88. Blog: Xbox goes for lock-in with All Access
89. Don’t Miss: The making of Prince of Persia: The Sands of Time
90. Don’t Miss: What did the devs of 2009 imagine video games would look like in 2020?
91. Don’t Miss: The long shadow of Super Mario Bros.
92. Don’t Miss: Spelunky and why it’s okay for game designers to be mean
93. Don’t Miss: The challenges BioWare faced designing Mass Effect 3
94. Video: Tips for jumpstarting creativity and finishing your games
95. Video: Strategies for small developers launching their first game
96. Video: Unearthing Japanese arcade history for historical preservation
97. Video: Designing social play for Sky: Children of Light
98. Video: Learn how to better use emotion in game design

DIGITAL

1. Publishers Are Taking the Internet to Court: In a lawsuit against the Internet Archive, the largest corporations in publishing want to change what it means to own a book.
2. Sweeping internal Facebook memo: “I have blood on my hands”
3. Facebook’s latest hollow effort to fight climate change denial
4. Trump vows not to extend TikTok deadline beyond September 15
5. TikTok Rejects Microsoft Buy, Instead Names Oracle As “Trusted Tech Partner”
6. Oracle’s TikTok non-acquisition seeks Treasury, White House approval
7. Oracle, one of Donald Trump’s favorite companies, wins TikTok deal
8. The TikTok Oracle Grift: Insiders Admit They Went Hunting For A Tech Company The President Liked
9. Oracle Doesn’t Buy TikTok, But Gets A Lucrative Hosting Deal, And Trump & Friends Will Pretend This Means Something
10. Court Refuses To Block Trump Exec Order On TikTok As Requested By TikTok Employee After DOJ Says He Can Still Get Paid
11. TikTok Denies That Joining ‘Creator Fund’ Diminishes Views, Stays Mum On How Money Is Distributed
12. YouTube Unveils TikTok Competitor ‘Shorts,’ Launching In Beta This Week
13. NAD Clarifies Material Connection Disclosure Requirements for TikTok Videos Gone Viral
14. TikTok Empress Charli D’Amelio Launches Account At Rival App Triller
15. Insights: What TikTok’s Debacle Means For The World’s Fastest-Growing Social Media Site, And Everyone Else
16. White House Insisted It Had 16,000 Complaints Of Social Media Bias Turned Over To The FTC; The FTC Has No Record Of Them
17. Trump and Twitter are on likely showdown path with expanded misinfo rules
18. Russian state hackers are targeting Biden and Trump campaigns, MSFT warns
19. Rush Limbaugh downplaying hurricane Irma may have decreased evacuations
20. Defying crackdowns, QAnon continues its relentless global spread
21. Sex Trafficking Lawsuit Against Craigslist Moves Forward–ML v. Craigslist (Eric Goldman)
22. PayPal Blocks Purchases Of Tardigrade Merchandise For Potentially Violating US Sanctions Laws
23. Google faces US$3bn UK suit over use of children’s data: It’s the first class action suit in Europe brought against a tech firm on behalf of children, according to the claimants
24. YouTube unlawfully violates kids’ privacy, new $3.2B lawsuit claims
25. Blogger’s Descriptions of Domestic Violence Protected by Freedom of Expression
26. Facebook To Limit The Number Of Digital Ads Businesses Can Run At Once
27. Price gouging and defective products rampant on Amazon, reports find
28. Amazon To Begin Hosting Podcasts, Sets Exclusive Series With DJ Khaled, Dan Patrick, More
29. Could A Narrow Reform Of Section 230 Enable Platform Interoperability?
30. Fight For The Future Wants To Help You Tell The FCC Where To Shove The NTIA’s Anti-Section 230 Petition
31. An Interview on Why Section 230 Is On the “Endangered Watch List” (Eric Goldman)
32. Content Moderation Case Study: Detecting Sarcasm Is Not Easy (2018)
33. Content Moderation Case Study: Pinterest’s Moderation Efforts Still Leave Potentially Illegal Content Where Users Can Find It (July 2020)
34. Content Moderation Case Study: Twitter Removes Account For Pointing Users To Leaked Documents Obtained By A Hacking Collective (June 2020)
35. International Human Rights Law Is Not Enough to Fix Content Moderation’s Legitimacy Crisis
36. The First Hard Case: Zeran V. AOL And What It Can Teach Us About Today’s Hard Cases
37. Addison Cain Really Doesn’t Want You Watching This Video About Her Attempts To Silence Another Wolf Kink Erotica Author
38. Addison Rae Heads To Hollywood With Starring Role In ‘She’s All That’ Remake
39. Disney+ Adds Co-Viewing Feature ‘GroupWatch’
40. Disney+ On Track To Surpass Sister Streamer Hulu’s U.S. Subscribers By 2024
41. Instagram Testing ‘Reels’, ‘Shop’ Tabs On Homepage To Bolster Creators’ Livelihoods
42. Logan Paul Says His ‘Maverick’ Merch Brand Made Between $30 And $40 Million In Its First Year
43. Which NFL Teams Won The Offseason On Social Video?
44. Top 50 Most Viewed YouTube Channels Worldwide • Week Of 9/14/2020
45. Top 50 Most Viewed US YouTube Channels • Week Of 9/14/2020
46. YouTube Appeals To Advertisers With More Performance, Prediction Metrics For TV Ads
47. YouTube’s New ‘Dynamic Lineups’ Ad Tool Lets Marketers Buy Against Granular Topics, Cultural Moments, More
48. Revisiting the spectacular failure that was the Bill Gates deposition
49. Gwyneth Paltrow’s pseudoscience Goop series renewed on Netflix
50. Rooster Teeth, Michael B. Jordan Pledge To Increase Representation For Season 2 Of ‘gen:LOCK’
51. False equivalencies: Online activism from left to right (Deen Freelon, Alice Marwick, Daniel Kreiss)
52. Legal Aspects of Digital Transformation
53. European Commission formally opens in-depth state aid investigation into Belgian virtual betting
54. Wealthsimple Digital Assets Inc. Becomes Canada’s First Registered Crypto Asset Platform
55. Nvidia to acquire processor and software design company Arm for $40 billion
56. Nvidia buys ARM Holdings from SoftBank for $40 billion
57. Nvidia will keep ARM licensing “neutral,” wants to license GPU tech, too
58. Nvidia RTX 3080 review: 4K greatness at $699—and good news for cheaper GPUs
59. Microsoft declares its underwater data center test was a success
60. Zooming In On The Flaws Of Virtual Court
61. The agile dream – contracting for uncertain outcomes

A.I.

1.  YouTube’s Plan to Silence Conspiracy Theories: From flat-earthers to QAnon to Covid quackery, the video giant is awash in misinformation. Can AI keep the lunatic fringe from going viral? 
2. Artificial Intelligence fuels TikTok’s popularity; but could that very asset prevent its sale? 
3. Safety driver in 2018 Uber crash is charged with negligent homicide: Prosecutors decided not to prosecute Uber in 2019. 
4. Tackling Bias Issues in Artificial Intelligence
5. AI and algorithms: Why the human touch is important
6. When to Give Legal Rights to AIs? When They Can Dream 
7. Are you ready (and protected) for the AI healthcare revolution?
8. Artificial Intelligence in Construction: Part I
9. Automakers and regulators must educate consumers on mobility AI
10. UKIPO calls for views: AI and IP 
11. Another consultation on AI and opens … this time in the UK
12. AI ruined chess. Now it’s making the game beautiful again
13. War Stories: How Forza learned to love neural nets to train AI drivers
14. Building AI to fight to the beat in roguelike shooter BPM: Bullets Per Minute 

COMMUNICATIONS

1. Court rejects Bell, Rogers appeals of CRTC decision on internet wholesale rates
2. Court rejects Bell, Rogers appeals of CRTC decision on wholesale internet rates: Big telecom companies ordered to pay court costs for smaller ISPs on other side of case
3. Weakening Net Neutrality: How the Government’s Internet Regulation Plan Abandons the Principle of Equal Treatment of Content Online (Michael Geist)
4. No Policies on Real Issues and Harmful Policies on Non-Issues: How the Government Bungled the Internet Regulation File (Michael Geist)
5. Trump replaces FCC member in bid to push through Twitter/Facebook crackdown
6. FCC Formally Kills Rules That Would Have Brought Competition To The Cable Box
7. Apparently The New Litmus Test For Trump’s FCC: Do You Promise To Police Speech Online
8. AT&T wants to put ads on your smartphone in exchange for $5 discount
9. AT&T hopes you’ll forget its years-long fight against accurate broadband maps
10. Over At Politico, The AT&T Monopoly Gives Tips On Fixing A Broadband Problem It Spent Thirty Years Creating
11. T-Mobile Merger Approval Violated Every Last One Of the DOJ’s Updated ‘Antitrust Principles’
12. Verizon to buy TracFone, expanding big carriers’ control of prepaid industry
13. New Google Fiber plan: $100 for 2Gbps, plus Wi-Fi 6 router and mesh extender
14. NTIA Gives Green Light to FCC to Expand Commercial Use of Federal Mid-Band Spectrum
15. The FCC Slated to Take Further Steps to Combat Robocalls
16. Rule Banning Chinese Telecommunications Equipment Is Released
17. 5G in rural areas bridges a gap that 4G doesn’t, especially low- and mid-band
18. Yet Another Study Shows U.S. 5G Over Promises, Under Delivers
19. Further clarity on the public benefit test and terms of a Code Agreement 

INTELLECTUAL PROPERTY

1. In Another Instagram Embedding Decision, SDNY Finds Use of Image of Cardi B Fair
2. Performing a DNA Test on Lizzo’s “Truth Hurts”: Joint Works and Derivative Works Under Copyright 
3. A Closer Look at a Troubling Anti-Scraping Ruling from Spring – Compulife Software v. Newman
4.  This Copyright Fair Use Opinion Discusses Jon Hamm’s Crotch 25 Times–Schwartzwald v. Oath (Eric Goldman) 
5. Publishing a Cropped Shot of Jon Hamm’s Crotch is Fair Use Under Copyright Law
6. Moral rights: why should developers care?
7. Schwartzwald v. Oath Inc.: Dismissal of photographer’s copyright infringement claim against HuffPost, finding media site’s altered reproduction of photographer’s viral “crotch shot” of Jon Hamm constituted fair use. 
8. This Week at The Ninth: Jersey Boys and Restroom Doors
9. Jersey Boys Don’t Cry: No Copyright Protection for Facts “Based on a True Story”
10. Corbello v. DeVito: Court rules that Broadway’s Jersey Boys did not infringe on plaintiff’s copyright of Tommy DeVito’s biography, holding musical depicts historical facts that are not protectable by copyright law
11. Hall v. Swift: Court denies dismissal of claim over Taylor Swift’s song Shake It Off, holding that it cannot conclude merger doctrine applies, & plaintiffs sufficiently alleged protectable selection & arrangement to support claim.
12. UMG Recordings, Inc. v. RCN Telecom Services: Court finds plaintiffs sufficiently pled contributory & vicarious infringement against ISP by alleging failure to terminate subscribers’ accounts after millions of copyright notices.
13. Small photo credit removal may result in big damages
14. Public Performance Rights (and Wrongs), the use of pop music in political campaigns
15. Copyright Companies Want Memes That Are Legal In The EU Blocked Because They Now Admit Upload Filters Are ‘Practically Unworkable’
16. Is It Broken and Should We Fix It? A Discussion of the Copyright Office’s Report on Section 512 of the Digital Millennium Copyright Act
17. Trademark “Services” Online Finally Defined in Canada by Federal Court of Appeal
18. Federal Court of Appeal Confirms Use of a Trademark with “Hotel Services” can be Established Without Brick and Mortar Hotels in Canada 
19. “I’ll Have the B.C. VQA, Sub-GI Certified Pinot” — Promoting B.C. Wines Through Legal Recognition of Our Unique Wine Regions 
20. AB InBev And Patagonia Trademark Dispute Will Proceed To Trial
21. Brewery Industry Insight – Different Parties May Register the Identical Mark for Beer and Restaurant Services
22. Craft Brewing Trade Mag Argues Beer Is The Most IP Product Ever, Ignores History Of The Industry
23. Banksy’s Weakass Attempt To Abuse Trademark Law Flops, Following Bad Legal Advice
24. A Right Royal Rejection: “Royal Butler” Trade Mark Application Denied in the UK
25. The Unique Challenges Of Protecting A Law Firm Brand 
26. BMW v. Premier Alloy Wheels (UK): breach of settlement agreement purported to stop intellectual property infringement
27. Pigment of our imagination? Colour trademarks could be inherently distinctive
28. Colour Purple is not for Protection (via Passle)
29. A Refresher on the Importance of Trademarks and Trade Dress in the Food and Beverage Industry
30. Trade Mark success for the gymnastics National Governing Body
31. Economies are battered but many major offices set for record trademark numbers 
32. Trade Secrets Regulations: interim injunction preventing use of confidential information
33. ITC Administrative Law Judge Decision Implicates Scope of Trade Secret Protections
34. An introduction to Trade Secrets: What they are and why they matter to your business
35. Fact-Specific Inquiry: Deciding Between Trade Secret and Patent Protection 
36. Federal Court invalidates tadalafil dosage patent finding dose selection to be routine 
37. Patent Trial and Appeal Board obligated to articulate a satisfactory explanation for its actions
38. Common Patent Misconceptions – Myth #4 – Disclosures
39. Claim Construction and Prosecution History Estoppel Require Viewing Patent and Prosecution History as a Whole 
40. Less is more when seeking patent protection for chemical compounds possessing a therapeutic effect
41. Essential guidance on patenting software-based inventions at the EPO
42. Patent Infringement Suit Alone Does Not Justify Anonymous Filing
43. A Brief History of Virtual Reality, in Patents 
44. I’m an academic, get me out of patents: Strategies for promoting patenting among academics and researchers
45. IP due diligence – The art of leaving nothing to chance
46. 3D printing and IP: Lessons from the EPO’s ‘Shaping Tomorrow’ conference
47. Assistant Attorney General Describes “New Madison” Approach to Antitrust and Intellectual Property Law

PRIVACY

1. Personal data handling and processing in Canada
2. British Columbia Court of Appeal upholds certification of data breach class action
3. Keeping Criminal Background Checks in Check: Privacy Law Limits on Employee Criminal Background Checks in B.C.
4. Assessments Of Privacy-Related Factors: The New Bread And Butter For Quebec Organizations Processing Personal Information?
5. Ninth Circuit Appeals Court May Have Raised The Bar On Notifying Defendants About Secretive Surveillance Techniques
6. California Enacts the Genetic Privacy Information Act
7. Portland adopts strictest facial recognition ban in nation to date
8. Amazon Is Quietly Fighting Against a Sweeping Facial Recognition Ban in Portland
9. FDPIC finds that Swiss-US Privacy Shield does not offer adequate level of data protection
10. Schrems II fall-out: Irish DPC reportedly to order suspension of Facebook data transfers to the U.S.
11. European Data Protection Board Forms Two New Taskforces to Address Schrems II Aftermath
12. Privacy Shield invalidated and use of appropriate safeguards (including Standard Contractual Clauses) require case by case assessments (Facebook Ireland and Schrems)
13. City of Portland Bans Private Entities From Using Facial Recognition Technologies
14. California Legislature Passes Bill Requiring Social Media Companies to Obtain Parental Consent for California-based Children Under 13
15. Private Eyes & Public Profiles: The Ethics of Using Social Media in Investigations
16. New guidance on the concepts of controllers, processors and joint controllers
17. F for Failure: Takeaways from the Cyberattack on Miami-Dade County Public Schools 

CREATIVITY

1. DOJ Tries To Step In To Trump Defamation Case To Get It Dismissed; Claims His Statements About Alleged Rape Were Part Of His Presidential Duties
2. Third Circuit Strikes Down Transit Authority’s Ban on Political Advertising
3. Don’t risk your health to see Tenet, which is uber-fun but still just a movie
4. French language requirements in Québec: Part 4 – Public signs, posters and commercial advertising
5. London’s largest Bronze Age hoard on show for first time

Jon