News of the Week; September 23, 2020

GAMES

1. Voodoo wins plagiarism lawsuit against Zynga-owned Rollic Games: Judge rules that Istanbul-based firm’s Wood Shop copies key elements of Voodoo carpentry game Woodturning
2. Supercell ordered to pay $8.5 million for infringing Gree’s patents: Texas jury found Clash Royale developer infringed four patents, fine could be increased by up to three times
3. Nintendo sued for planned obsolescence over Joy-Con drift: French organisation found controllers suffer from premature wear of the electronic circuits and an airtightness defect
4. UK Government launches call for evidence on loot boxes: Inquiry seeks to examine concerns over whether randomised monetisation mechanics can lead to problem gambling
5. FTC Group Up On Loot
6. Apple presses court to deny Epic’s request for lift on Fortnite ban: iPhone maker reiterates argument that this situation is of Epic’s own making, says Fortnite firm is “a saboteur, not a martyr”
7. Epic Games: Fortnite is doing fine, actually
8. Clash of Game Companies: Lessons learned from GREE and Supercell Dispute
9. Microsoft set to acquire Bethesda parent ZeniMax for $7.5B
10. Microsoft purchases Bethesda Softworks in industry-changing acquisition
11. Microsoft buys ZeniMax Media and The Elder Scrolls dev Bethesda for $7.5 billion
12. What happens to Bethesda’s multi-platform games under Microsoft?
13. Bethesda x Xbox – what does it mean for ‘regular’ game devs?
14. Xbox buys Bethesda parent ZeniMax for $7.5bn: Deathloop and Ghostwire Tokyo exclusivity agreements to be honored, future releases to be decided on a case-by-case basis
15. ZeniMax Media won’t be the last of Microsoft’s game dev acquisitions
16. Microsoft is open to still more games acquisitions – CEO Satya Nadella: “We will always look to grow inorganically where it makes sense”
17. Frictional Games’ Amnesia: The Dark Descent, A Machine for Pigs are now open source
18. Report: Trump admin looking into Tencent’s US gaming investments
19. Report: Riot Games, Epic Games come under US Gov’t scrutiny over Tencent ties
20. Trump administration reportedly questions Epic, Riot about Tencent investment: Both companies said to have received letters from Committee on Foreign Investment in the US following executive order against WeChat
21. Epic leads $15m funding round in Manticore Games: Core platform “exemplifies” the user-generated future of video games, Epic says
22. Epic is offering $10 coupons to Rocket League players that use the Epic Games Store
23. Activision says Call of Duty account hack reports are false: Publisher assures it investigates all privacy concerns, but reiterates that players should protect online accounts
24. Games industry a “prime target” for cyber attacks: Data shows there were 3,072 DDoS attacks in games over the course of one year
25. Ubisoft Bows To Monster Energy To Rename An Upcoming Game Horribly
26. Ubisoft apologises after male-only Assassin’s Creed promo video: Publisher has since re-edited and released a version showcasing the female protagonists of the best-selling series
27. Hammer drops on hackers accused of targeting game and software makers
28. BTS To Debut Exclusive “Dynamite” Music Video Inside ‘Fortnite’
29. Nintendo 3DS discontinued
30. Nintendo winds down 3DS production after almost a decade
31. The end of the 3DS marks an inflection point for portable gaming
32. A fond farewell to the weird and wonderful Nintendo DS
33. Super Mario 3D All-Stars beats Avengers to No.1 | UK Charts: Nintendo’s compilation celebrating Mario’s 35th anniversary is the third biggest launch of the year in the UK
34. You can now stream your Xbox One games to your Android phone for free: Microsoft opens up Xbox remote play streaming to everyone with new Android app beta
35. The new Xbox App for smartphones will create a ‘unified Xbox experience’
36. We are in possession of a working Xbox Series X
37. Xbox Game Pass has topped 15 million subscribers
38. Google debuts first Stadia Makers recipients in pitch for indie support
39. Microsoft still determined to get Xbox Game Pass on iOS: Xbox boss Phil Spencer also says the platform holder plans to “leave ZeniMax alone” following $7.5 billion acquisition
40. Microsoft’s Game Pass now has over 15m subscribers: That’s up from 10 million as of April 2020
41. Xbox chief Phil Spencer confident xCloud will gain iOS support
42. Microsoft wants to replenish more water than it consumes by 2030
43. Microsoft commits to becoming “water positive” by 2030: The company wants to replenish more water than it uses by the end of the decade
44. China is ready for the PS5 and Xbox, even if Sony and Microsoft aren’t ready for China | Opinion: Imported next-gen consoles are already available for pre-order in China, says Apptutti’s Daniel Camilo
45. Spider-Man Remastered won’t get physical PS5 release: PS4 save files from Marvel’s Spider-Man also won’t carry over to the PS5 version
46. PlayStation’s Jim Ryan: “We want to give gamers certainty that they’re buying a true next-generation console”
47. PlayStation 5 backwards compatible with most PS4 titles, but nothing older: System will not be able to play PS3, PS2, or PS1 games
48. Sony makes it official: PlayStation 5 won’t natively support PS1, PS2, PS3
49. PlayStation 5 already selling out at some retailers: Sony will open direct pre-orders by invitation tomorrow
50. PS5 retailers have many fewer Digital Edition systems for preorder
51. Sony promises more PS5 pre-order stock for retailers: Platform holder apologises for confusion after major stores sold out one day before pre-orders were supposed to begin
52. PlayStation 5 demand and miscommunication cause pre-order chaos
53. SIE has now successfully tested thousands of PlayStation 4 games on PS5
54. Sony sees another three to four years of life in the PlayStation 4
55. Amazon is telling those who pre-ordered PS5s they may not get them at launch: Cautionary email cites “high demand” as retailers, Sony sell out of pre-orders
56. Apparent prototype photos show Sony’s canned “PlayStation phone” followup
57. Editor roundtable: As next-gen heats up, which game console has the edge?
58. NPD analyst says higher next-gen prices shouldn’t hurt sales
59. Firing the starting pistol on the next generation | Opinion: The details of November’s launches are now in the wild — for once, this will be a console race with no clear winner from the start
60. Game streaming start-up Playco lands $100m in Series A funding: Zynga co-founder, ex-DeNA director, Game Closure co-founder and senior producer raise money for browser-based approach
61. CD Projekt “shortened” Cyberpunk’s campaign over length complaints: Too many players failed to reach the end of The Witcher 3’s story, so Cyberpunk 2077 will take less time to finish
62. The average cost to acquire a mobile game user plummeted this year: Liftoff – But the cost to convert that user into a paying player has been on the rise over the last two years
63. Metacore gets €25m investment from Supercell: Finnish studio has rebranded from Everywear Games, and launched its first game today
64. Unity valued at $13.7 billion following $1.3 billion IPO
65. Unity valued at $13.7bn after successful IPO: Engine provider raised $1.3 billion through sale of shares on New York Stock Exchange
66. Nanobit acquired by Stillfront in $100 million deal
67. Stillfront Group acquires Nanobit for at least $100 million: Acquisition expands Stillfront’s portfolio into narrative lifestyle RPGs
68. Keywords acquires development studio Heavy Iron for $13.3 million
69. Keywords splashes $13.3m on Heavy Iron Studios acquisition: Co-development studio most recently worked with Crystal Dynamics on Marvel’s Avengers
70. Bandai Namco acquires Unknown 9 developer Reflector Entertainment
71. Bandai Namco acquires Unknown 9 developer Reflector Entertainment: Purchase of Montreal developer continues publisher’s goal to produce 50% of its content outside of Japan
72. Core dev Manticore Games raises $15 million, thanks in part to Epic Games
73. Bunch raises $20m toward multiplayer social platform expansion: Investment led by General Catalyst, included Take-Two, Ubisoft, Supercell, EA, and Riot
74. Beyond COVID-19: Lessons from an unprecedented global challenge: EGDF president and ISFE chairman are encouraged by the industry’s response to crisis, but the way forward is far from certain
75. Football Manager 2020 sees 1 million players in first days of Epic Games Store free week
76. Free Football Manager scores 1m new players on Epic Games Store: The 2020 entry in Sports Interactive’s football management sim franchise is currently free on Epic’s shop
77. Hades has sold over 1 million copies in under two years
78. Spellbreak hits 5 million players in under three weeks
79. Super Mario 3D All-Stars | Critical Consensus
80. Luck is a failing strategy for developers | Opinion: Leverage Partnership’s David O’Connor shares a cautionary tale about indies whose first game was a smash hit
81. Digital Schoolhouse expands to Nigerian classrooms with Kucheza partnership: Kucheza Games will help UKIE-backed initiative deliver computer science lessons in Nigeria
82. Avatars and artists: Musical mash-ups in gaming
83. Riot signs deal for League of Legends toys: Multi-year agreement with Paw Patrol toy maker Spin Master should see action figures hit shelves in fall of 2021
84. Twitch Experiments With Intrusive Ads That Piss Off Its Most Important Asset, Its Talent
85. Twitch’s Most-Subscribed Streamer, ‘NickMercs’, Re-Ups With FaZe Clan For 3 More Years
86. Mobile Premier League raises $90m in funding: The esports mobile gaming platform is looking to expand outside of India
87. Legend of Grimrock leaves no stone unpressed | Why I Love: Worm Jazz developer Yu He explains how the 2012 dungeon crawler was designed to draw players in
88. Directing The Outer Worlds’ first narrative expansion The Peril on Gorgon
89. Q&A: Why Apex Legends players are so in love with Skull Town
90. Blog: Game composers and the importance of themes – Part 4
91. Blog: Why 2021 will be a landmark year for cloud gaming
92. Blog: What does cross-platform mean to you?
93. Blog: Rules for a future-proof 2D render order
94. Blog: Combating toxicity in online games
95. Blog: Designing a thrilling enjoyable arcade experience for VR
96. Blog: How to better represent older characters in your game
97. Don’t Miss: Inside the development of Supergiant Games’ Hades
98. Don’t Miss: The evolutionary process of building Rayman Origins
99. Don’t Miss: How Prey gives players space to tell their own stories
100. Don’t Miss: How Supergiant Games adds new deities to Hades’ pantheon
101. Don’t Miss: Ray Muzyka’s Baldur’s Gate II postmortem
102. Video: Everything you wanted to know about unionizing your workplace
103. Video: Preventing online harassment in games by studying social media’s failures
104. Video: Behind Riot Games’ Player Dynamics design philosophy
105. Video: How company leaders can tackle systemic inequality in the game industry
106. Video: How Pendragon went from side project to full Arthurian adventure
107. Video: How the Duolingo team balances profits and ethical design
108. NantWorks, LLC v. Niantic, Inc.
109. U.S. Patent no. 9,555,334: System and method for managing virtual worlds mapped to real locations in a mobile-enabled massively multiplayer online role playing game (MMORPG)
110. U.S. Patent no. 9,561,433: Providing event rewards to players in an online game

DIGITAL

1. Facebook Has Been a Disaster for the World: How much longer are we going to allow its platform to foment hatred and undermine democracy?
2. StopHateForProfit Campaign Enlists Celebrities for 24 Hour Facebook and Instagram Freeze
3. Facebook vows to restrict users if US election descends into chaos
4. Facebook warns privacy rules could force it to exit European market
5. Google could face federal, state antitrust suits next week, reports say
6. Google Maps gets a COVID-19 layer
7. Companies can track your phone’s movements to target ads
8. Experts Say Internet Shutdowns Don’t Thwart Protests
9. The TikTok ‘Deal’ Was A Grift From The Start: Accomplishes None Of The Stated Goals; Just Helps Trump & Friends
10. Everything we know so far about Oracle not actually buying TikTok
11. Blowback Time: China Says TikTok Deal Is A Model For How It Should Deal With US Companies In China
12. China Calls TikTok Deal ‘Extortion’; Says It Will Not Approve
13. Judge Issues Preliminary Injunction Saying That The US Cannot Block WeChat, Says The Ban Raises 1st Amendment Concerns
14. Court blocks Trump’s WeChat ban from taking effect today
15. Executive Orders on Pause: WeChat and TikTok Bans Temporarily Suspended
16. Commerce Department’s Ban on WeChat and TikTok Mobile Applications Delayed on Eve of Implementation
17. WeChat Executive Order Enjoined Because (Of Course) It’s Unconstitutional–WeChat Users v. Trump (Eric Goldman)
18. Walmart and Oracle Deal with TikTok and WeChat Lawsuit Delay Commerce’s Ban on Transactions with WeChat and TikTok
19. Details Of Unconstitutional WeChat/TikTok Ban Actually Would Make Users Of Those Apps Less Secure, Not More
20. US Commerce Department Identifies Prohibited Transactions Involving WeChat and TikTok
21. US-EU-UK Export Controls and Sanctions Alert The Commerce Department Announces Prohibitions on TikTok and WeChat – September 2020
22. Department of Commerce Notices on Prohibited Transactions Relating to WeChat and TikTok
23. TikTok Bans Ads For Diet Pills And Fasting Apps, Restricts Other Weight-Related Ads To Users 18+
24. Impending WeChat ban won’t actually ban users from WeChat, DOJ says
25. WeChat Users Fighting To Block Trump’s Executive Order Banning The App In The US
26. Trump admin orders TikTok, WeChat gone from app stores on Sunday
27. On The Podcast: Snapchat Really Is Planning To Take On TikTok
28. Trump approves Oracle, TikTok deal “in concept”
29. Trump Tentatively Approves Oracle, Walmart Deal For 20% Of TikTok
30. Twitter Isn’t Liable for Defamatory Impersonation Account–Brikman v. Twitter (Eric Goldman)
31. Trump Still Hates The 1st Amendment: Meeting With State Attorneys General To Tell Them To Investigate Internet Companies For Bias
32. Facial Recognition Database Vendor May Not Qualify for Section 230–Vermont v. Clearview
33. Online Content Policy Modernization Act Duplicates Existing Senate Republican Proposal to Limit Section 230 Liability Protections
34. Justice Department sends its Section 230 rewrite to Congress
35. Authors Of CDA 230 Do Some Serious 230 Mythbusting In Response To Comments Submitted To The FCC
36. Court Rejects Clearview’s First Amendment, Section 230 Immunity Arguments
37. Senator Lindsey Graham Must Be Desperate For Donations; Announces Terrible Bill That Mashes Up Bad 230 Reform With Bad Copyright Reform
38. California Cities Voting On Ridiculous Resolution Asking Congress For Section 230 Reform… Because Of Violence At Protests?
39. Busting Still More Myths About Section 230, For You And The FCC
40. Content Moderation Case Study: Twitter Freezes Accounts Trying To Fact Check Misinformation (2020)
41. YouTube, Facebook, Twitter Agree To Adopt Shared Harmful Content, Brand Safety Policies
42. YouTube Facing $3 Billion Class Action Suit In The U.K. Alleging Collection Of Underage User Data
43. Former YouTube Content Moderator Sues Company After Developing Depression, PTSD Symptoms
44. FTC Signals Intent to Focus on Use of Social Media Bots in Advertising
45. Political Digital Ads: Disclosure, Free Speech, and Legislation
46. Who Done It?: Royal Seas Cruises to Face Bench Trial on Issue of Arbitrability After Plaintiff Denies Visiting Website
47. YouTube Bringing More Human Mods Back To Work After Coronavirus-Related Pause
48. Patient dies after ransomware attack reroutes her to remote hospital
49. $100,000 in bribes helped fraudulent Amazon sellers earn $100 million, DOJ says
50. User-generated video sharing platforms subject to new obligations
51. Content Moderation Case Study: Usenet Has To Figure Out How To Deal With Spam (April 1994)
52. Instagram Doubles Maximum ‘Reels’ Length To 30 Seconds
53. Wayback Machine and Cloudflare team up to archive more of the Web
54. Top 50 Most Viewed US YouTube Channels • Week Of 9/21/2020
55. Top 50 Most Viewed YouTube Channels Worldwide • Week Of 9/21/2020
56. YouTube Creators Are Taking A New Approach To Make Sure Their Fans Are ‘Good To Vote.’ And It’s Working.
57. YouTube Feeds K-pop Fervor With Next Original Series—An Inside Look At Weeklong Convention KCON:TACT
58. Mozilla Is Trying To Dissect YouTube’s Recommendation Algorithm Using Data Donated By Viewers
59. Facebook Extends 4-Year-Old ‘Rights Manager’ Video Copyright Tool To Still Photography
60. Quibi Reportedly Seeking A Buyer After Lackluster First Months
61. Cryptocurrency: Theft and Asset Recovery
62. Cryptocurrency Tax Laws & What to Know in 2020
63. The First Cryptocurrency Bank
64. UK Government Consultation on the Promotion of Cryptoassets
65. Blockchain and Digital Assets News and Trends Achieving Digital Transformation and Securing Digital Assets
66. OCC Issues Clarification on Stablecoin Custody Services
67. Lenovo begins selling OEM Ubuntu PCs to the general public

A.I.

1. The Cruel New Era of Data-Driven Deportation
2. YouTube Will Now Harness Machine Learning To Auto-Apply Video Age Restrictions 
3. Bridging the Gap: Automated Facial Recognition Technology in Police Surveillance
4. Cop arrests apparently sleeping Tesla driver going 93mph
5. How algorithms discern our mood from what we write online: Researchers and companies are harnessing computers to identify the emotions behind our written words.
6. Inventor or creator: How is AI’s rapid development influencing the evolution of IP protection?
7. Lessons in ‘Ethics by Design’ from Britain’s A Level algorithm 
8. UKIPO launches ‘AI and IP Call for Views’
9. AI inventors at the UKIPO and EPO
10. Patently Obvious? AI as an Inventor After DABUS
11. Artificial intelligences as extended minds. Why not? 
12. Artificial (un)intelligence and the U.S. military: Will they make better decisions than humans — or worse? 
13. Poverty Lawgorithms: A Poverty Lawyer’s Guide to Fighting Automated Decision-Making Harms on Low-Income Communities 
14. Current and future regulatory landscape for AI and machine learning in the investment management sector 
15. Are we being too hard on HAL? Some thoughts on the legal need for “explainable” artificial intelligence.
16. Artificial Intelligence and Telework: Security Measures to be Taken 

COMMUNICATIONS

1.  Why It’s Time to Reboot Canada’s Failed Digital Agenda (Michael Geist) 
2. “Get Money From Web Giants”: Why Canadian Heritage Minister Steven Guilbeault’s Top Legislative Priority is Risky Business (Michael Geist)
3. Trump Nominates Guy Who Wants To Police Speech Online To Be The Next FCC Commissioner
4. DOJ Continues Its Quest To Kill Net Neutrality (And Consumer Protection In General) In California 
5. FCC Releases Draft Order Formalizing “Team Telecom” Process
6. FCC Holds that Fax Broadcasters are Solely Responsible for TCPA Violations When They Deceive Advertisers 
7. Facebook and the United States Submit Briefs in Facebook, Inc. v. Duguid
8. Comcast shut off Internet to hundreds, saying they were illegally connected 
9. Verizon Buys Tracfone As U.S. Wireless Gets Even More Consolidated
10. AT&T Whines That The T-Mobile Merger Consolidated Too Much U.S. Spectrum In One Place
11. T-Mobile amassed “unprecedented concentration of spectrum,” AT&T complains
12. T-Mobile hits back at AT&T and Verizon after spectrum-hoarding accusations 
13. AT&T Says It’s Eyeing ‘Wireless Discounts For Ads.’ But It’s Not Going To Be What You Think.
14. The Geopolitics of 5G
15. Major overhaul of UK telecoms regulation to go ahead by the end of December 2020
16. Old TV set interfered with village’s DSL Internet each day for 18 months

INTELLECTUAL PROPERTY

1.  Mandatory copyright tariffs – Uncharted territories
2. Nicki Minaj’s “Artistic Experimentation” with a Tracy Chapman Song “to Seek License Approval” Qualifies as a Fair Use Under Copyright
3. LEGO Blocks Out ZURU in Copyright Dispute Over Minifigures
4. Schwartzwald v. Oath Inc.: Court dismisses photographer’s copyright claim against HuffPost, finding media site’s altered reproduction of photographer’s viral “crotch shot” of Jon Hamm constituted fair use.
5. Corbello v. DeVito: Court rules musical Jersey Boys did not infringe biography, holding musical depicts historical facts not protectable by copyright law and author cannot claim work was fictional for copyright protection.
6. It’s September 21st And Demi Abejuyigbe Has Another Great September 21st Video For Charity, Marred By Copyright Takedowns
7. Should an Advertising Agency Display Client Work on its Website After the Relationship Ends?
8. Federal Court of Appeal does not disturb lower court’s finding of ‘use’ for hotel services
9. Company Owning ‘Evel Knievel’ Rights Sues Disney Over ‘Toy Story 4’ Amalgam Parody Character
10. Banksy’s “Flower Thrower”-n off the EUTM register
11. Banksy’s trade marks at risk as artist loses legal battle over registration of Flower Thrower mural
12. Controlling Black Lives Matter: the battle to trademark a movement
13. No love for XOXO application
14. Battle of the b(r)ands: Lady A vs Lady A 
15. USPTO Warns of Email Scam Targeting Trademark Owners
16. “Brands will be more and more resource-challenged”: five predictions for the future of IP practice 
17. Dior loses PRETTY SAVAGE trademark dispute in the United Kingdom 
18. Cannabis, BLM and FCUK — dealing with moral objections to UK trade marks
19. Economic link puts an end to lengthy dispute: Gugler France’s decade-long trade mark campaign
20. Who will reign Supreme in the battle for the trade marks? 
21. Seventh Circuit Upholds $140 Million Compensatory Damages Award and Caps Punitive Damages at $140 Million in Trade Secret Case
22. Guarding Trade Secrets and Rethinking IP Indemnity Risks in the New OSS/Open Source World 
23. Designer panel: is being copied ever good news? 
24. The Federal Court of Appeal Upholds $640 Million Accounting of Profits Award for Patent Infringement 
25. Federal Court finds a problem with problem-solution 
26. VirnetX v. Apple: Delay of Five Months Justifies Denial of Motion to Amend Judgment of More Than $400 Million 
27. Canadian Patent Office’s approach to computer-implemented inventions rejected by Federal Court
28. COVID-19 and the compulsory licensing of patents 
29. Publication of Part of Complex Invention Does Not Prevent Joint Inventorship 
30. Justice Ginsburg’s Dissents – in Patent Law 
31. The Impact of Intellectual Property on Virtual Reality 
32. WIPO’s Global Innovation Index breaks new ground as brand value included for first time
33. IP monitor: CIPO announces fee increases beginning January 1, 2021 
34. Blockchain & IPR a breakthrough collaboration

PRIVACY

1. B.C. Court of Appeal confirms there is no “federal common law” privacy tort, but suggests the existence of a provincial privacy tort is an “interesting question”
2. The Times They Are A Changin’ Canadian Privacy Law in the Private Sector
3. Canadian privacy law reform is coming – are you ready?
4. A tip from a kid helps detect iOS and Android scam apps’ 2.4 million downloads
5. The fight over the fight for California’s privacy future
6. The Uncertain “State” of US Data Protection Law: California Leads the Way
7. Government Warns of New Cyber Threats Targeting U.S. Businesses
8. USPS Regrets Its Transparency, Asks FOIA Requester To Remove 1,200 Pages It Forgot To Withhold
9. New York AG Announces Settlement with Dunkin’ Regarding Data Breach Lawsuit
10. House Passes Bill To Address The Internet Of Broken Things
11. Telegram messages are a focus in newly uncovered hack campaign from Iran
12. Portland Passes Ban On Facial Recognition Use By City Agencies And Private Businesses
13. Preparing for the Next Front in Biometric Class Actions: Portland’s Facial Recognition Ban
14. Californians: VOTE NO ON PROP. 24, The California Privacy Rights Act (CPRA) (Eric Goldman)
15. OFAC sanctions Iranian cyber threat group
16. Fourth Circuit Appeals Court Seems Skeptical That Baltimore’s Aerial Surveillance System Violates The Fourth Amendment 
17. Irish Data Case Against Facebook Could Complicate All Data Transfers to the US 
18. Impact of Swiss Privacy Shield Inadequacy Decision 
19. GDPR Hot Issues: Cookies, Data Transfers, and Enforcement Trends

CREATIVITY

1. Human Rights Organization Issues Press Freedom Alert Over UK Government’s Refusal To Speak To Critical Journalists
2. Return to upward trend seen in 2017 of defamation claims taken in the Circuit Court
3. SDNY Relies on “Simple Reading” of Label to Dismiss False Advertising Claim
4. Alan Dershowitz Files SLAPP Suit Against CNN; Says Not Airing More Of What He Said Is Defamation
5. How do music festivals adapt to a pandemic? They Fest in Place, of course
6. How To Avoid Acquiring Fake Art

Jon