News of the Week

News of the Week; September 7, 2016

GAMES

  1. Lindsay Lohan Loses ‘Grand Theft Auto’ Lawsuit
  2. Lindsay Lohan sets lawyers on Grand Theft Auto 5 – Update: Judge dismisses Lohan’s case
  3. Sorry Lindsay Lohan, Grand Theft Auto Vis satirizing you, court rules: Satirical representation is protected under the Constitution, court says.
  4. Lindsay Lohan’s Grand Theft Auto lawsuit rules in Rockstar’s favour: Court considers GTA5 “a work of fiction and satire”.
  5. 500+ fan games on Game Jolt targeted by Nintendo DMCA takedown
  6. Nintendo cracks down on fan-made games: DMCA takedown notice prompts closure of more than 500 projects on GameJolt
  7. Nintendo’s DMCA-backed quest against online fan games: Takedown requests for 500 titles part of a new crackdown on IP infringement.
  8. Miyamoto: Mario is coming to mobile because that’s where people play games
  9. Sony nixes mod support on PS4: Bethesda says platform holder “will not approve user mods the way they should work” for Skyrim or Fallout 4
  10. Sony’s more powerful PS4 ‘Neo’ to debut in November as $400 PS4 Pro
  11. PS4 Pro: “This could be the final nail in the coffin for Xbox One” – analyst
  12. British Telecom is taking Valve to court over patent infringement
  13. How Licensing Laws are Threatening Your Video Games
  14. Steam Spy and the specter of game sales transparency
  15. Take-Two getting into VR: Despite previous skepticism of new tech, publisher plans to launch Carnival Games VR this year
  16. Survey: Over 20% of VR/AR devs are working on platform exclusives
  17. VR: Not all legal plain sailing ahead – Harbottle & Lewis explores the potential product liability and data protection issues that might emerge with the rise of virtual reality
  18. Oculus Warns Users Not to Use Note 7 in Gear VR Headset Amid Exploding Phone Recall
  19. Pokemon Go surpasses 500M downloads as it heads to Apple Watch
  20. Pokémon Go church stunt could mean hefty jail term for Russian blogger: 22-year-old accused of “insulting religious sensitivities,” faces five years behind bars.
  21. Second Pokémon Go Alliance Announced: SoftBank 
  22. Pokémon Go “a real game changer” for Sony’s mobile ambitions: CEO Kaz Hirai believes AR could “lift all boats” in the market for mobile games
  23. Pokémon, No! Practical Tips For Handling Latest Mobile Device Craze
  24. Perspective on knowledge: Pokémon GO is our future (David Weinberger)
  25. Eve Online Going Free-To-Play After 13 Years
  26. Video Games Allow Characters More Varied Sexual Identities
  27. Publisher BulkyPix is being liquidated, allegedly stiffing devs in the process
  28. Guillemot family to buy another 3.5% of Ubisoft: Purchase of a further 4 million shares will add protection against a possible Vivendi takeover
  29. Google Play opens up Early Access: Developers can now nominate their games to be included in early funding program
  30. Publishers for indies – are they useful anymore?
  31. Hey, Here’s an Idea: Maybe Stop Preordering Videogames
  32. What Is The Best Video Game Sport?
  33. Activision Blizzard hires Fox Sports exec as MLG CEO
  34. Counter-Strike’s second Eleague esports season kicks off on TBS and Twitch
  35. The once and future king of esports: He was one of the greatest esports stars of all time. And if you’re a a pro gamer, you’re living his legacy.
  36. Meet Dennis ‘Thresh’ Fong, the Original Pro Gamer: World’s first ‘Quake’ champ was recently inducted into the esports Hall of Fame
  37. Ed Smith And The Imagination Machine: The Untold Story Of A Black Video Game Pioneer – At APF in the 1970s, as the second-known African-American video game engineer, he helped create an industry.
  38. Report: China will have 465 million mobile players by the end of 2016
  39. Free-to-Play Isn’t a Special Case in Ethics

DIGITAL

  1. Warner Brothers reports own site as illegal: Film studio Warner Brothers has asked Google to remove its own website from search results, saying it violates copyright laws.
  2. Warner Bros. flags own site for piracy, orders Google to censor pages: Studio also wanted Amazon, Sky, and IMDb links nixed for allegedly breaking copyright law.
  3. Warner Bros. Issuing Takedowns For Its Own Site Is No Laughing Matter
  4. U Of M Forwards 8,000 Emails Regarding Illegal Downloads: Copyright office likens threatening notices to extortion
  5. Pirates Plunder 4K Hateful Eight, But Did They Crack DCP?
  6. Tim Cook, Apple Chief, Defends Tax Practices and Says Cash Will Return to U.S.
  7. Cook slams EU Apple tax case as “total political crap”—antitrust boss hits back: Commissioner Vestager says disputed figures in Apple ruling came from Apple.
  8. Rather Than Coming Up With Brand New Taxes For Tech Companies, The EU Just Issues A Massive Fine On Apple
  9. How Apple Helped Create Ireland’s Economies, Real And Fantastical
  10. Ireland to Appeal Tax Ruling in Apple Case
  11. Standing up to Apple
  12. Apple could bring home billions in taxes if US passes a tax holiday – Law prof: “For the most part, companies like Apple don’t need to repatriate money.”
  13. Unfortunate Expansion Of ‘Failure To Warn’ Exception To Section 230–Beckman v. Match (Eric Goldman)
  14. Austrian Courts Uphold Creative Commons License Terms — For Now
  15. Condé Nast Has Started Using IBM’s Watson to Find Influencers for Brands: Tapping into AI for recruitment 
  16. SpaceX Rocket Explosion Sets Back Facebook’s Internet Expansion in Africa
  17. Who controls the internet? Ted Cruz’s fantasy vs. the reality
  18. Trump Finally Says Something Coherent About ‘the Cyber’
  19. Google’s Clever Plan to Stop Aspiring ISIS Recruits
  20. Do memes violate copyright law?
  21. YouTubers are in uproar as they might lose money for swearing online
  22. YouTube ‘demonetization,’ explained for normal: The Great YouTube Ad Freakout Of Late August 2016, explained.
  23. Influencers weigh in on YouTube’s ‘censorship’ controversy
  24. Pewdiepie: “Youtube Doesn’t Care About Its Creators” – PewDiePie slams YouTube following the recent monetization controversy.
  25. ICG raises concerns over “de-monetisation” of YouTube content: YouTube guidelines, “could have the unintended consequence of discouraging creators from making edgy, interesting content”
  26. Defending Noncommercial Uses: Great Minds v Fedex Office
  27. Facebook Just Proved It Isn’t Hooli From Silicon Valley
  28. Judge tosses lawsuit over 1-star Yelp review for overfeeding pet fish: Fish owner – We have a right to express “opinions without the fear of a lawsuit.”
  29. Court Tosses Prestigious Pets’ $1 Million Defamation Suit Against Unhappy Customers
  30. Samsung will recall Galaxy Note 7 because of exploding batteries: Recall affects all 2.5 million units that have shipped so far.
  31. DRM: Still Hurting Paying Customers The Most
  32. Professor Eric Goldman Stops Writing At Forbes, In Part Because Of Its Stance On Ad Blocking
  33. This software will give movies and TV shows a diversity score
  34. The Untold Story Of Blackberry Hype: Five years after young people organized riots that shook the UK, a look at the Blackberry’s pivotal role in youth culture.
  35. Stupid Patent of the Month: Elsevier Patents Online Peer Review
  36. How Tech Giants Are Devising Real Ethics for Artificial Intelligence
  37. How algorithms rule our working lives: Employers are turning to mathematically modelled ways of sifting through job applications. Even when wrong, their verdicts seem beyond dispute – and they tend to punish the poor
  38. Homo Deus by Yuval Noah Harari review – how data will destroy human freedom: It’s a chilling prospect, but the AI we’ve created could transform human nature, argues this spellbinding new book by the author of Sapiens
  39. Bhutan’s Gross National Unhappiness: In The Wake Of The Country’s First Facebook Defamation Lawsuit, Fears Of Censorship Rise
  40. A livestream of a small town in Wyoming is bringing the internet together
  41. Engineering Humans with Contracts (Brett Frischmann & Evan Selinger)

CREATIVITY

  1. Dance Dance Revolution: Efforts to suppress political expression in Japan are meeting an unlikely foe: the flash mob.
  2. How White Kids Stole House Music from Black Aunties: It’s time for sonic reparations
  3. Melania Trump Sues Daily Mail & A Blogger Over Stories, Using Peter Thiel/Hulk Hogan’s Lawyer
  4. Melania Trump Lawsuit Is Not The ‘Next Gawker,’ It’s The Open Beta Of A Trump Presidency
  5. Man sues Detroit Tigers for using trademarked phrase ‘Welcome to the D’
  6. Motorcycle clubs fight to keep their trademark ‘colors’
  7. Creative Commons Wants To Step Into Lawsuit Over Definition Of ‘Noncommercial’ In A CC License
  8. Another 19th Century Moral Panic: Theater
  9. Mobile vs. Computer: Implications for News Audiences and Outlets
  10. Disney Debuts New ‘Star Wars’ Toys With Fan-Created Online Films
  11. U.S. Department of Justice Rejects Modification of Music Licensing Consent Decrees
  12. Friedman v. Live Nation Merchandise, Inc.
  13. Further Update on the Blacklock’s “Litany of Litigation” – First Trial Set For September 19, 2016 (Howard Knopf)
  14. How ‘Making A Murderer’ Fans Have Influenced The Search For Truth In The Teresa Halbach Murder
  15. The New Rules Of The Creative Economy
  16. Louis Vuitton can’t take a joke
  17. Louis Vuitton’s Inability To Take A Joke Opens Up A Chance To Fix Our Broken Trademark Laws
  18. Alabama Library Threatens Jail Time for Overdue Books
  19. Be a Winner: Complying with Canadian Contest Laws
  20. Why calling screentime ‘digital heroin’ is digital garbage: Inciting fear about the dangers of digital media is counter productive
  21. 40 Years Ago: George Harrison Found Guilty of ‘My Sweet Lord’ Plagiarism
  22. Hollywood Freaking Out That Europe Might Make It Marginally Easier For People To Legally Access Content
  23. Has Banksy’s true identity been discovered?
  24. The MacTaggart Lecture 2016: Shane Smith, Founder & CEO of Vice (Edinburgh International Television Festival)

COMMUNICATIONS & BROADCASTING

  1. Harassment finding against ex-CRTC commissioner nixed due to ‘witch hunt’: Federal Court ruling reproaches both investigator and chair of federal agency
  2. Federal court finds CRTC harassment investigation unfair
  3. Federal court rules former CRTC commissioner denied procedural fairness in harassment investigation
  4. The CRTC Wades into Quebec’s Internet Blocking Legislation – Does A Constitutional Collision Loom?
  5. CRTC defends the Internet, and the right to choose. Hurrah! (Timothy Denton)
  6. Anti-Robocall Statute Violates First Amendment–Gresham v. Rutledge
  7. Gretchen Carlson Settles With Fox — And We Are All Denied The Discovery We So Richly Deserve
  8. The Revenge of Roger’s Angels: How Fox News women took down the most powerful, and predatory, man in media.
  9. Fox News and Megyn Kelly find themselves in a book bind
  10. Media Matters declares another kind of war against Fox News
  11. Future of TV sports: Pay up or be blacked out
  12. iPlayer viewers must have TV licence but BBC can’t track online cheats: Web-based verification system to police licence fee dodgers won’t be used by BBC.
  13. CBS Announces New Ad-Free More-Expensive Streaming Service…That Includes Ads
  14. Tales from Comcast’s data cap nation: Can the meter be trusted? – “Our meter is perfect,” Comcast rep claims. It isn’t—and mistakes could cost you.
  15. Users Say Comcast Broadband Usage Meters Don’t Work, May Result in Hundreds Of Dollars Of Errant Charges
  16. What Net Neutrality? While The FCC Naps, AT&T Now Exempting DirecTV Content From Wireless Usage Caps
  17. Three’s ad-blocker plans challenged over net neutrality: A European Union agency has said that mobile network’s Three’s plans to offer ad-blockers would violate net neutrality.
  18. FCC Gives Up On Municipal Broadband Fight
  19. AT&T’s throttling victory may hinder FTC’s power to protect consumers: Ruling raises questions about FTC ability to regulate Google, Verizon.
  20. Contested FCC Media Ownership Order Leaves Rules Largely Unchanged
  21. Surprise! European Union Adopts Net Neutrality Guidelines That Don’t Suck
  22. AT&T, Poster Child For Government Favoritism, Mocks Google Fiber For Government Favoritism
  23. Blame Your Lousy Internet on Poles: The war over high-speed access is fought on 40-foot-high wooden sticks. (Susan Crawford)
  24. The Do-Not-Call List Has a Gaping Hole: Illegal robocalls that try to scam you out of money are flourishing. Can the phone companies figure out how to stop them?
  25. FCC Needs to Impose Strong Protections Around Stingray Use
  26. CRTC Settles Alleged CASL Violation — Messages Sent Without Consent

SURVEILLANCE & PRIVACY

  1. Amazon, Google, Apple… Fox News join Microsoft in US gag orders fight: Eclectic bunch support MS battle against US government’s secret requests for user data.
  2. The Man Who Lit The Dark Web: Data-mining tools are helping cops bust open online human trafficking
  3. ACLU Challenges Gag Orders Issued To Tech Companies By The DOJ
  4. Dropbox hackers stole e-mail addresses, hashed passwords from 68M accounts
  5. Hacker Guccifer, who exposed Clinton’s use of private e-mail, gets 52 months: Feds wanted harsh term to underscore that hacking is not “a crime to be celebrated.”
  6. Google can now peer inside your apps to get search results
  7. Golden State Warriors Android app constantly listens to nearby audio, fan says: Official app of the NBA’s Golden State Warriors is the subject of a federal lawsuit.
  8. New cloud attack takes full control of virtual machines with little effort: Existing crypto software “wholly unequipped” to counter Rowhammer attacks.
  9. Forget Software—Now Hackers Are Exploiting Physics
  10. Building a new Tor that can resist next-generation state surveillance
  11. Australian Government Using Data Retention Law To Seek Out Journalists’ Sources, Hunt Down Whistleblowers
  12. James Comey Claims He Wants An ‘Adult Conversation’ About Encryption; Apparently ‘Adults’ Ignore Experts
  13. New leaks prove it: the NSA is putting us all at risk to be hacked (Bruce Schneier)
  14. Spying Inc. (Danielle Keats Citron)

jon

News of the Week; August 31, 2016

GAMES

  1. New lawsuit targets Steam, alleges patent infringement
  2. Steam Targeted in Lawsuit for Alleged Patent Infringement
  3. Japanese truck driver playing Pokemon Go kills pedestrian: Popular game now detects speed increase, asks if player is driving, company says
  4. Pokemon Go Takes Distracted Driving to a Lethal Level
  5. French Education minister: Get rare Pokémon out of our schools – The minister is worried that “legendary” Pokemon could draw strangers.
  6. Belgians are hunting books, instead of Pokemon
  7. How long can we expect the Pokémon Go craze to last?: Data suggests game could retain tens of millions of players for a long while.
  8. Someone is porting Pokémon Go to the Dreamcast VMU: Also, did you know there’s a Dreamcast VMU homebrew scene?
  9. Use Agreements to Capture and Control IP like it’s a Pokémon
  10. Mobile has become an indie-hostile market: Sky-high barriers to entry have made mobile into a space no indie creator or small studio should even consider
  11. Japan twice as good as U.S. at monetizing mobile players
  12. Steam Spy opts to publicize game data despite dev takedown requests
  13. Steam Spy will now refuse all requests for removal of data: Techland prompted a change in policy – and a reversal of prior decisions – at Steam Spy
  14. Ubisoft is canning its F2PGhost Recon and Epic Lootgames
  15. “Where are all the women at?”: Farmville Tropic Escape lead Nicole Opas offers advice on recruiting women devs and appealing to an audience without insulting them
  16. Twitter Sued For Right of Publicity Violations Over Profile-Trading Game 
  17. Microsoft cancels free-to-play Halo Online
  18. Oculus Explains Why They Didn’t Launch Touch with the Rift 
  19. PlayStation VR Pre-Orders Had “Quickest Sellout in GameStop’s History”
  20. Blizzard Launches Facebook Streaming for Battle.net Games
  21. Overwatch and other Blizzard games can now stream natively to Facebook: Blizzard Streaming is part of a new client update
  22. Facebook has finally made its move against one of Amazon’s biggest properties
  23. GameStop hardware sales tumble after Neo, Scorpio announcements
  24. UKIE’s big UK game biz concern post-Brexit: Access to game dev talent
  25. Another Denuvo-protected game cracked just weeks after release: Quick Inside crack shows that industry’s best DRM is no longer safe.
  26. Remember When Cracking Groups Said Denuvo Would End Game Piracy? Yeah, Didn’t Happen
  27. Snapchat meets gaming: Gatorade launches in-app 8-bit Serena Williams tennis game
  28. Parents Didn’t Just Dislike Super Nintendo 25 Years Ago—They Thought It Was a Scam
  29. Esports Corruption: Gambling, Doping, and Global Governance (John Holden, Ryan Rodenberg & Anastasios Kaburakis)

DIGITAL

  1. Kim Dotcom wins right to live stream extradition court hearing: US authorities opposed the move, but New Zealand judge rules live broadcast can start on Wednesday, as internet entrepreneur battles online piracy charges
  2. On appeal in LA Times defacement case, lawyers say there was no “damage”: “For there to be CFAA Damage, there must be actual harm to a computer system.”
  3. Twitter, Google, Facebook “consciously failing” to police extremism, MPs claim: Committee alarmingly demands “terrestrial star wars”—says cops need “high-tech” hub.
  4. War of the World Wide Webs: D.C. Circuit Refuses Terror Victims’ Attempt to Seize Internet Domain Names 
  5. “We’re a tech company, we’re not a media company,” says Facebook founder: Social network giant under EU pressure for not editing hateful and illegal posts.
  6. Facebook is trying to get rid of bias in Trending news by getting rid of humans
  7. Facebook fires human editors, algorithm immediately posts fake news: Facebook makes its Trending feature fully automated, with mixed results.
  8. Did Facebook Defame Megyn Kelly?: Which is a different way of asking: Can a bot commit libel?
  9. Canada’s ad industry cracking down on paid endorsements on social media: Influencers who mention companies or products in posts must reveal if they’ve been paid starting in 2017
  10. Study shows YouTube and linear TV can find common ground
  11. WhatsApp does about face, will serve ads in Facebook-owned app: Nominal subscription fee was dropped in January of this year.
  12. Inside the bizarre French conspiracy theory that the viral ‘burkini’ photos were staged
  13. How Nextdoor reduced racist posts by 75%
  14. “Silicon Valley is hostile to diversity,” says Slack Director of Engineering Leslie Miley
  15. Peter Thiel Violates Core Principles of Silicon Valley
  16. It’s ‘digital heroin’: How screens turn kids into psychotic junkies
  17. Apple must pay Ireland $14.5 billion in taxes, rules European Commission: Lengthy probe concludes that Apple’s tax benefits are illegal.
  18. How Apple—and the Rest of Silicon Valley—Avoids the Tax Man
  19. EU Copyright Law Undermines Innovation and Creativity on the Internet. Mozilla is Fighting for Reform
  20. France Passes Copyright Law Demanding Royalties For Every Image Search Engines Index Online
  21. An Unfortunately Typical French Initiative (Plus Ca Change, Plus C’est La Même Chose)
  22. Is hosting providers’ safe harbour the real problem of copyright owners? A new article
  23. EU may require YouTube, DailyMotion to seek deals with music industry
  24. If You’re Angry About Twitter Banning Someone ‘Permanently’ For Sharing Olympics GIFs, Blame Copyright Law
  25. Handicapping The Olympic Committee’s Quest To Control Tweeting
  26. Appeals Court Tosses Search Warrant Used By Louisiana Sheriff In Attempt To Silence Critical Blogger
  27. Twitter Sued For Right of Publicity Violations Over Profile-Trading Game
  28. Selfies in voting booths: Depending on where you live, they may be illegal – A New Hampshire law says selfie ban is needed to curtail vote buying and coercion.
  29. Snapchat Announces Partnership With the NFL: Snapchat has announced a partnership with the National Football League to create sponsored Lenses that allow users to superimpose a helmet onto their heads while using the app.
  30. US unveils charges against KickassTorrents, names two more defendants: Admins gave users who uploaded up to 1,000 torrent files “Achievement” awards.
  31. Harvard Is Digitizing Nearly 40 Million Pages Of Case Law So You Can Access It Online And For Free
  32. People Were Stealing Music Long Before Millennials Ruined Everything With Internet Pirating
  33. Newspaper Archive Disappears From Google, Because Company Wants To Cash In
  34. Apple’s In-App Purchase Policy Should Put Customers First
  35. Silicon Valley vs. Hollywood: California bill targets publicizing actors’ birth dates
  36. What ALEXA & AI Means For The Future Of Commerce
  37. The Man Who Created LeapPad Wants To Turn Your Eyes into a Mouse
  38. Trading in stock of medical device paused after hackers team with short seller: St. Jude Medical declares claim of vulnerability “false and misleading.”
  39. Attack of the Killer Robots: Forget about drones, forget about dystopian sci-fi — a terrifying new generation of autonomous weapons is already here. Meet the small band of dedicated optimists battling nefarious governments and bureaucratic tedium to stop the proliferation of killer robots and, just maybe, save humanity from itself.
  40. The Hype—And Hope—Of Artificial Intelligence
  41. The world wide cage: Technology promised to set us free. Instead it has trained us to withdraw from the world into distraction and dependency
  42. Anarchy Has Ensued In Courts’ Handling Of Online Contract Formation (Round Up Post)
  43. Intellectual Property: Law & the Information Society – Cases & Materials: An Open Casebook: 3rd Edition 2016 (James Boyle & Jennifer Jenkins)
  44. Theoretical Inquiries in Law – Vol 17, No 2 (2016): The Constitution of Information: From Gutenberg to Snowden (The CEGLA Center for Interdisciplinary Research of the Law)

CREATIVITY

  1. China Advances Film Industry Law, Cracks Down on “Western Values”: Topics addressed in the draft of China’s film industry rulebook include market access for foreign movies, censorship and how to handle artists “tainted” by drug and prostitution scandals.
  2. Instagram model and makeup artist sues Richard Prince over copyright infringement: Part of the New Portraits series, the work at the centre of the case was shown—and sold—at Frieze New York last year
  3. Pharrell Williams, Robin Thicke and TI launch appeal against Blurred Lines verdict: Lawyers for the trio argue the judge was wrong to allow comparison of the recordings of the hit and Marvin Gaye’s Got to Give It Up
  4. “Blurred Lines” Appeal Gets Support From More Than 200 Musicians: An eclectic group of artists from R. Kelly to Hans Zimmer tell the 9th Circuit that the verdict, if allowed to stand, “is very dangerous to the music community.”
  5. Carrie Underwood, Brad Paisley Win Copyright Infringement Case: Songwriter accusing the country superstars of stealing “Remind Me” is defeated in court
  6. This Is What Happens When Courts Decide What Is and Isn’t Art: Cook County says rock, country, rap, and DJing aren’t “fine arts,” and they could collect some hefty taxes for it. But it’ll be an uphill battle against history, taste, and case law.
  7. Two Copyright Cases to Watch Raise Novel Legal Issues In Canada
  8. Beneath Louis Vuitton’s inability to take a joke, a serious First Amendment question
  9. Getty sued for US$1 billion after US$120 demand to photographer
  10. Honduran reporter convicted of criminal defamation
  11. Trader Joe’s vs. Pirate Joe’s: Appeals Court Revives Cross-Border Trademark Fight
  12. Letting It Go: The End Of Windowing (And What Comes Next) – There are few concepts more fundamental to the video media business than that of content “windowing” – yet even this strategy is crumbling under the pressures of digital distribution. How will rights owners maximize the value of their content in the post-window era? The answer depends on how badly you want it.
  13. Could This Be the Year Movies Stopped Mattering?
  14. The Alt-Right Has Its Own Comedy TV Show On A Time Warner Network: Adult Swim’s Million Dollar Extreme Presents: World Peace is identity content for trolls.
  15. ‘Captain America’ Writer Nick Spencer: Why I Turned Steve Rogers into a Supervillain
  16. Let’s Teach Textbooks A Lesson: The prices of college textbooks are absurd—to the point where authors have to defend their $300 books. But we could, thankfully, be turning a corner.
  17. Head Of Anti-Counterfeiting Lobbying Group Says He’s Going To Make Counterfeit Techdirt T-Shirts
  18. Were the First Artists Mostly Women?: Three-quarters of handprints in ancient cave art were left by women, study finds.
  19. European Copyright Leak Exposes Plans to Force the Internet to Subsidize Publishers (EFF)

COMMUNICATIONS & BROADCASTING

  1. Fox News petitions for darkness, secrecy in sexual-harassment case
  2. The Twilight of Fox News: As pay TV slowly declines, cable news faces a demographic cliff. And nobody has further to fall than the merchant of right-wing outrage.
  3. Net neutrality guidelines land in Europe, provide fuzzy rules on fast lanes: Open Internet activists hail the rest of the text a victory over telcos.
  4. Comcast/NBC Tone Deafness, Not ‘Millennials’ To Blame For Olympics Ratings Drop
  5. No, Bloomberg, the Olympics didn’t stumble because of Millennials. It stumbled because of NBC.
  6. AT&T explains why it sometimes delays Google Fiber access to poles: Google Fiber can’t always access AT&T utility poles despite US-wide agreement.
  7. AT&T doesn’t want to repay money it got from alleged overcharges
  8. AT&T’s common carrier status helps it defeat data throttling lawsuit: But AT&T could still face $100 million fine from FCC.
  9. AT&T Dodges FTC Throttling Lawsuit Using Title II Classification It Vehemently Opposed
  10. How Is This Not A Net Neutrality Violation, Sprint?
  11. FCC admits defeat in municipal broadband, won’t appeal court loss: Cities seeking to expand broadband could still appeal judges’ decision, though.
  12. Congressman to FCC: Fix phone network flaw that allows eavesdropping – SS7 weakness, leak of phone numbers could let hackers spy on “half of Congress.”
  13. The Future Of Media And Some Implications For Regulation

SURVEILLANCE & PRIVACY

  1. Facebook recommended that this psychiatrist’s patients friend each other
  2. WhatsApp’s Privacy Cred Just Took a Big Hit
  3. Privacy Groups File FTC Complaint Over Whatsapp Facebook Privacy ‘Bait And Switch’
  4. Why an NFL Superstar’s Lawsuit Against ESPN Represents a Threat for Media
  5. Court: Okay For Trial To Move Forward Against ESPN For Tweeting JPP’s Medical Chart
  6. Literal Fashion Police Arrest Hundreds Of WhatsApp And Instagram Users In Iran
  7. Canadian Law Enforcement Want Government To Force People To Turn Over Their Passwords
  8. Actively exploited iOS flaws that hijack iPhones patched by Apple: Jailbreak vulnerabilities allowed attackers to tap encrypted chat messages.
  9. The Million Dollar Dissident: NSO Group’s iPhone Zero-Days used against a UAE Human Rights Defender
  10. Hackers attack site of Ghostbusters star Leslie Jones, post racist abuse
  11. Blame Donald Trump and the internet for all those racist attacks on Leslie Jones
  12. Homeland Security investigating Leslie Jones website hack: The attack that saw the “Ghostbusters” star’s personal information leaked to the web is now under investigation by US authorities.
  13. Officials blame “sophisticated” Russian hackers for voter system attacks: FBI reportedly informed Arizona of possible Russian hack in June.
  14. Ashley Madison Investigation Findings Released by OPC
  15. The most absurd Internet privacy class-action settlement ever: Lawyers get millions. Consumers get nothing. E-mail snooping continues unabated.
  16. Is your employer watching you? Online profiling blurs the boundary of our public and private lives
  17. How Airbnb Kills Our Ideas of Privacy: To make its home-away-from-home vibe work, the online housing broker insists on a level of transparency from hosts and guests that creates a level of intimacy bordering on the unseemly.
  18. Hacker who stole 2.9 million credit card numbers is Russian lawmaker’s son: Roman Seleznev, aka “Track2,” was found guilty of 38 counts relating to fraud and theft.
  19. Differential Privacy is Vulnerable to Correlated Data — Introducing Dependent Differential Privacy
  20. DOJ lawyer who leaked Bush spy program is censured for ethics failure: Whistleblower thought program was “probably illegal as it was not court-supervised.”

jon

News of the Week; August 24, 2016

GAMES

  1. ‘NBA 2K’ Videogame Publisher Wants Judgment Allowing Use of Player Tattoos
  2. 6th Circuit rejects college players’ Lanham Act, ROP claims: Marshall v. ESPN, No. 15-5753 (6th Cir. August 17, 2016) (Rebecca Tushnet)
  3. Nintendo Shuts Down Fan Remake Of 25 Year Old Metroid 2 Game Because It Can’t Help Itself
  4. Nintendo nets $661 million from Seattle Mariners sale
  5. Stop Gaming the System, Gamers: Twitch Sues Over Fake Viewer Bots
  6. eSports and the UK Gambling Commission – First Impressions
  7. World’s first eSports gambling regulation proposed in UK (Jas Purewal)
  8. The International 2016: the greatest event not just in Dota 2 but in all of e-sports
  9. Friction between Riot and League of Legends team owners: Teams upset with big pre-tourney patches and limitations on revenue streams; Riot irked by teams investing in other eSports
  10. Property owners sue over Pokemon Go: Detroit-area couple says they don’t feel safe as players loiter, trespass, harass home owners near in-game hotspots
  11. Pokémon Go changes everything (and nothing) for AR/VR
  12. Vietnam bans Pokemon Go from government, defense sites
  13. Pokémon GO: An Indicator of Product Liability in the App Economy 
  14. 3DS Pokemon sales surge thanks to success of Pokemon Go
  15. Pokemon Go is losing millions of users, still has millions more
  16. Zenimax amends Oculus lawsuit to accuse John Carmack of theft
  17. ZeniMax raises the stakes in Oculus VR lawsuit: Amended complaint makes direct accusations against John Carmack, questions Luckey’s role in Rift’s creation
  18. ZeniMax claims the Oculus Rift was built on stolen technology: The messy legal battle over consumer VR
  19. Facing Down the Online Mob: As hype and expectations for major games spiral out of control, hate campaigns and death threats have become an occupational hazard for game creators
  20. Blizzard tests new means of encouraging sportsmanship in Overwatch players
  21. University funds efforts to build an archive of LGBTQ content in games
  22. Without Kojima, Metal Gear becomes a multiplayer zombie action game: Konami pivots with “an alternate timeline caused by unexplained wormholes.”
  23. Why I Watch People Play Videogames on the Internet
  24. Twitch acquiring Curse: Streaming site picks up multimedia and in-game chat and media company
  25. Twitch moves to purchase video game community Curse
  26. As ‘influencers’ rise, Peter Moore foresees a game industry without press conferences: “The medium is changing. Influencers, celebrities who aren’t the classic journalists are finding their own way. Our job is to put the games in their hands like we did last night.”
  27. Rocket League surpasses 20 million players
  28. Kabam: Look beyond whales, focus on your “regulars”
  29. Sony raising PS Plus price: Annual memberships for online play and free games program going up $10 in US, $20 in Canada next month
  30. Sony is bringing its PlayStation Now game streaming service to PC
  31. PS Now expands to PC: Sony streaming service adds a platform as company announces USB adaptor to connect DualShock 4 with PCs
  32. This is the last console generation – Greenberg
  33. Disney’s Many, Many Attempts At Figuring Out The Game Industry
  34. VR/AR to reach $162 billion in worldwide revenues by 2020 – IDC: Importantly, hardware accounts for half of the forecast and it includes applications for all industries, not just games
  35. HTC Vive drawing more interest than Oculus from devs – VRDC survey
  36. RPG, strategy are most lucrative mobile genres – SurveyMonkey: Other genres see more downloads, but downloads have become almost meaningless
  37. Digital sales up 10% year-over-year in July – Superdata
  38. Mario closes out Rio Olympics: Japanese prime minister dresses as Nintendo mascot for hand-off to promote 2020 Tokyo Olympics
  39. Satoru Iwata’s first Nintendo project found, preserved by historian
  40. A menace to society: the war on pinball in America

DIGITAL

  1. The Internet Rallies Against A Terrible Section 230 Ruling–Hassell v. Bird (Eric Goldman)
  2. Anti-Piracy Operations Are Fabricating Links To Non-Existent Torrents In DMCA Notices
  3. The Internet’s Safe Harbor Just Got a Little Less Safe
  4. Keeping the Internet Open (Vinton Cerf)
  5. You’ll Never Guess This One Crazy Thing Governs Online Speech – Hint: It’s not the First Amendment!
  6. Nice Officials Say They’ll Sue Internet Users Who Share Photos Of French Fashion Police Fining Women In Burkinis
  7. Of Copyright, Copyleft and the Unique Creative Commons Needs of PLEI
  8. This lawsuit could be the beginning of the end for DRM
  9. Dancing Baby May Be Headed To Supreme Court
  10. How the New York Public Library made ebooks open, and thus one trillion times better
  11. Anti-Google research group in Washington is funded by Oracle: At least 17 news articles have cited research by the “nonprofit watchdog group.”
  12. Oracle Says Google Didn’t Play Fair, Wants Third Trial (Oh Gd)
  13. Did The NY Times Give Up Its Journalism Standards The Second Facebook Threw A Few Million Its Way?
  14. WikiLeaks Has Morphed from Journalism Hotshot to Malware Hub: It’s alarmingly easy to visit WikiLeaks’ email database from Turkish political party AKP and come away infected with malicious code.
  15. Report: WikiLeaks published rape victims’ names, credit cards, medical data: “If the family of my wife saw this… that could destroy people.”
  16. Dear Internet: It’s Time to Fix This Mess You Made
  17. How Trolls Are Ruining the Internet: They’re turning the web into a cesspool of aggression and violence. What watching them is doing to the rest of us may be even worse
  18. Some questions for those who are cheering Gawker’s demise
  19. Peter Thiel Just Got His Wish: Gawker Is Shutting Down
  20. Did I Kill Gawker?: Or was it Nick Denton? Hulk Hogan? Peter Thiel? Or the internet?
  21. Would The English Rule Have Saved Gawker From Peter Thiel?
  22. Peter Thiel just backed a startup that helps you sue companies algorithmically
  23. Peter Thiel’s Lawyer Now Sending Questionable Defamation Threat Letters To Media On Behalf Of Melania Trump
  24. Lawyer Who Brought Down Gawker Threatens Media Outlets With Defamation Suits On Melania Trump’s Behalf
  25. How a GIF of Aly Raisman’s Floor Routine Got Me Permanently Banned From Twitter
  26. Donald Trump Says He’ll Turn Off The Internet For Terrorists
  27. Twitter says it shuttered 235k accounts linked to terrorism in 6 months: There is no “magic algorithm” for identifying extremist content, company says.
  28. Google loses appeal against Russia’s Android antitrust ruling
  29. Stealing bitcoins with badges: How Silk Road’s dirty cops got caught: Ross Ulbricht’s screwup led to DEA agent’s arrest, who revealed another rogue agent.
  30. India Criminalizes Merely Visiting A Copyright Infringing ‘Blocked’ Site
  31. Pakistan’s new cyber law hit by legal challenge just 1 day after it’s approved: Draconian rules will criminalise 1000s of innocent folk, warn digital rights’ groups.
  32. SightSound Versus Apple, and the Death Squad for Patents: We’re the guys who invented the download music store, showed it all to Steve, and got rolled by Apple
  33. Music Is Just 4.3% of YouTube Traffic, Research Shows
  34. One in Four Influencers Asked Not to Disclose Paid Promotion: SheSpeaks Survey Offers Inside Look at Brand Partnerships
  35. Kardashians accused of failing to disclose paid relationships in Instagram posts
  36. Twitter reportedly in talks with Apple to bring its app and NFL games to Apple TV
  37. Twitter Flirts With Possible Live Streaming Agreement With Apple TV After Landing Numerous Sports Streaming Rights
  38. Sling TV Launches New NFL Network And Red Zone Programming For Cord-Cutting Consumers
  39. Why Disney Is Buying Into Major League Baseball’s Digital Division
  40. The Next Big Thing in Video Streaming Is: NOT STREAMING – Downloading poised to become a staple of nearly all video services
  41. Mexican Government Officials Have Press Creds Withdrawn From Olympics Over Uploaded Cell Phone Footage
  42. The Creative Olympics: 8 Ways The Online Community Adapted To The Ban On GIFs
  43. The US will soon no longer control the internet’s domain name system
  44. Google is killing Chrome apps on Windows, Mac, and Linux: Chrome OS will remain supported “for the foreseeable future.”
  45. Google to punish sites that use intrusive pop-over ads: If ads interfere with the mobile experience, it’ll spell bad news for the site.
  46. How ticket-scalping bots steal all those ‘Hamilton’ seats you desperately wanted
  47. What’s to Prevent Someone From Ripping Off Your Crowdfunding Campaign? Not Much.
  48. News Sites Realizing That Relying On Facebook For Traffic Might Not Have Been Wise
  49. This temporary tattoo can control your smartphone
  50. How Digital Copyright Law Is Being Used to Run Roughshod Over Repairs
  51. A Survival Plan for the Wild Cyborg
  52. Your ‘Smart’ Power Outlets Are Now Botnets Thanks To The Internet Of Broken Things
  53. AI Is Here to Help You Write Emails People Will Actually Read
  54. Putting a computer in your brain is no longer science fiction
  55. Engineers Say If Automated Cars Experience ‘The Trolley Problem,’ They’ve Already Screwed Up
  56. Why Snapchat is hell for the brokenhearted
  57. McDonald’s recalls Happy Meal fitness trackers after they injure kids: Fast food company recalls millions of wristband toys amid reports of blistering.
  58. The new Streisand Effect: Barbra calls Tim Cook to change Siri’s pronunciation – The world works differently for the singer/songwriter than it does for you and me.
  59. Language necessarily contains human biases, and so will machines trained on language corpora (Arvind Narayanan)
  60. Computers and Robots Don’t Count: In copyright law, it’s all about people. (James Grimmelmann)

CREATIVITY

  1. College Athletes Lose Appeal Over Use of Their Images in Game Broadcasts
  2. Student Athletes Lose Sixth Circuit Appeal in Marshall v. ESPN
  3. Appeals Court Tosses Lawsuit Against Broadcasters For Violating Publicity Rights During Football Game Broadcasts
  4. Ha Ji Won Sues Cosmetics Company For Misappropriation Of Her Likeness
  5. Cookie crumbles: court refuses to dismiss (c) claim based on facts of plaintiff’s life –
  6. Eggleston v. Daniels, No. 15-11893, 2016 WL 4363013 (E.D. Mich. Aug. 16, 2016)(Rebecca Tushnet)
  7. Judge Rejects Fox’s Bid to Toss Ex-Felon’s ‘Empire’ Copyright Lawsuit: Sophia Eggleton will move forward in a claim that the character of “Cookie” Lyon is copied from her 2009 memoir ‘The Hidden Hand.’
  8. The “Ballers” In Your Court: Defending Copyrightable Expression 
  9. Demi Lovato Faces Copyright Lawsuit From Indie Stars Sleigh Bells
  10. Sleigh Bells Suing Demi Lovato for Copyright Infringement
  11. Appeals Court Reverses Live Nation Win in Run-D.M.C. Merchandise Suit
  12. ‘Blurred Lines’ Verdict Will Chill Music Creativity, 9th Circ. Told
  13. Everything Old Is New Again? Court Rules Remastering Resets Copyright
  14. Update to music remixing vs. remastering
  15. Recording Industry Whines That It’s Too Costly To Keep Copyright Terms At Life Plus 50, Instead Of Life Plus 70
  16. Woman Fills in Crossword Puzzle Artwork and Claims Copyright
  17. Banksy artwork removed from Cheltenham house
  18. Citigroup Gets First Loss In Trademark Suit Against AT&T For Saying ‘Thanks’
  19. “THANKYOU”—possibly the dumbest trademark dispute ever—has been dropped: Flap between Citigroup, AT&T was about how the companies said thanks to customers.
  20. MPAA loves fair use so much they don’t want to share it with the rest of the world
  21. Team GB warns Leave.EU over image use
  22. Motion to Stay Denied -Defamation Action and Trade-marks Act Claim Proceed in Parallel 
  23. Judge grants Happy Birthday lawyers $4.6M, citing “unusually positive results”
  24. This male comedian who’s harassed women online for years is finally suffering the consequences
  25. Cox Denies Liability for Pirating Subscribers, Appeals $25 Million Verdict
  26. Why Do Many Politicians Use Music Without Artist Consent
  27. A New Approach to Copyright Exceptions and Limitations
  28. The Surprising Partnerships that Rule Pop Culture
  29. Why Japan has more old-fashioned music stores than anywhere else in the world
  30. The London Omnibus And its Impact on U.S. Trademark Law
  31. The TPP’s Trademark Provisions: Expanding Power at the Potential Cost of Balance in the Marketplace
  32. Turkish Journalist Jailed for Terrorism Was Framed, Forensics Report Shows
  33. How Sam Phillips Invented the Sound of Rock and Roll: The unusual engineering behind a legendary sound.
  34. Academic clickbait: articles with positively-framed titles, interesting phrasing, and no wordplay get more attention online.
  35. Who Decides What Must Be on a Syllabus?: College of Charleston professor says he’s been forced out of a job for refusing to list learning outcomes to please an accreditor. He’s suing and says academic freedom is being violated.
  36. Amicus in LV v. My Other Bag (Rebecca Tushnet)
  37. Fashion’s Function in Intellectual Property Law (Christopher Buccafusco & Jeanne Fromer)
  38. The Moral Psychology of Copyright Infringement (Christopher Buccafusco & David Fagundes)
  39. Adler on Fair Use and the Future of Art
  40. Fair Use and the Future of Art (Amy Adler)
  41. Common Knowledge: Epistemology and the Beginnings of Copyright Law (Jonathan Enderle)
  42. Canada’s unofficial poet laureate is dying, but he gave one last concert before he goes

COMMUNICATIONS & BROADCASTING

  1. EFF accuses T-Mobile of violating net neutrality with throttled video
  2. T-Mobile, Sprint Tap Dance Over, Under, And Around Net Neutrality
  3. One More Time With Feeling: Net Neutrality Didn’t Hurt Broadband Investment In The Slightest
  4. Comcast’s $70 gigabit deal is shockingly difficult to sign up for: The Keyser Söze of Internet offers: Even some Comcast reps don’t know it exists.
  5. Andrea Tantaros of Fox News Claims Retaliation for Sex Harassment Complaints
  6. Another Lawsuit Against Fox News With Shocking Allegations
  7. Common Sense: Secrecy of Settlements at Fox News Hid Bad Behavior
  8. Report: Roger Ailes is advising Trump. Of course he is!
  9. What Are Donald Trump, Roger Ailes, and Steve Bannon Really Up To?
  10. Fox News host Bill O’Reilly tweets Olympic-caliber idiocy
  11. Fox News breached UK’s broadcasting rules on day of Brexit vote
  12. The Redstones’ war with Viacom ends: Philippe Dauman resigns, Tom Dooley elected new CEO
  13. Copyright Group, In Arguing Against FCC’s Set Top Box Proposal, Appears To Argue That VCRs & DVRs Are Also Illegal
  14. DirecTV Faces RICO Class Action For Bungling Business Installs, Then Demanding $15,000 For Theft Of Service
  15. AT&T eliminates $20 wireless plan, cuts data in half on $30 plan
  16. T-Mobile ends cheaper plans and imposes new limits on unlimited data: High-speed hotspot costs $15 more, HD video costs another $25.
  17. Verizon has a plan to make the Android bloatware problem worse
  18. Remember Claims That Cord Cutting Was On The Ropes? It’s Actually Worse Than Ever
  19. NBC’s $12 Billion Olympics Bet Stumbles, Thanks to Millennials
  20. Update: Pirate Radio 
  21. Pirated Satellite TV not “Data” Within Meaning of Policy ExclusionFCC Fines Non-Telecom Companies for Lapse in Compliance with Wireless Rules
  22. The Next Generation of Wireless — “5G” — Is All Hype.: 5G is just a marketing term. The connectivity we crave — cheap, fast, ubiquitous — won’t happen without more fiber in the ground. (Susan Crawford)

SURVEILLANCE & PRIVACY

  1. Canadian Court Says No Expectation Of Privacy In SMS Messages Residing On Someone Else’s Phone
  2. Court Says Man Can Sue Maker Of Web-Monitoring Software For Wiretap Act Violations
  3. Virgin releases CCTV images of Corbyn in spat over “ram-packed” trains claim: UK’s data watchdog is “making enquiries” about Virgin’s use of its CCTV footage.
  4. Virgin Berth
  5. Report: WikiLeaks published rape victims’ names, credit cards, medical data: “If the family of my wife saw this… that could destroy people.”
  6. Russia’s Hackathon Continues, Targeting The New York Times And Other News Agencies
  7. Secret Cameras Record Baltimore’s Every Move From Above: Since January, police have been testing an aerial surveillance system adapted from the surge in Iraq. And they neglected to tell the public.
  8. Persistent Surveillance Systems has been watching Baltimore for months: Police charity that normally funds sports team trophies instead helped airborne snooping.
  9. You’re Being Tracked (and Tracked and Tracked) on the Web
  10. The New Age of Surveillance
  11. The Detectives Who Never Forget A Face: London’s new squad of “super-recognizers” could inspire a revolution in policing.
  12. 98 personal data points that Facebook uses to target ads to you
  13. Judge: Texted ‘death scene’ pics of man shot by NM cop didn’t violate privacy rights
  14. A Playboy Playmate found this normal woman’s naked body gross. So she posted it online.
  15. Intimate Technology: the Battle for Our Body and Behaviour
  16. Think Tank Argues That Giving Up Privacy Is Good For The Poor
  17. Did The NSA Continue To Stay Silent On Zero-Day Vulnerabilities Even After Discovering It Had Been Hacked?
  18. What Exactly Are the NSA Hackers Trying to Accomplish?: This breach is very different from what we usually see.
  19. How the NSA snooped on encrypted Internet traffic for a decade: Exploit against Cisco’s PIX line of firewalls remotely extracted crypto keys.
  20. Pentagon Issues First Update To Domestic Surveillance Guidelines In 35 Years, Not All Of It Good
  21. Canadian cops want to know your passwords: Association of Chiefs of Police calls for legal measure to unlock digital evidence, citing encryption as a way to hide illicit activities
  22. Canadian Law Enforcement Admit — And Then Deny — They Own A Stingray Device
  23. Enigma Software Countersued For Waging A ‘Smear Campaign’ Against Site It Claimed Defamed It
  24. With Windows 10, Microsoft Blatantly Disregards User Choice and Privacy: A Deep Dive
  25. Can big data and AI fix our criminal-justice crisis?: Body cameras and complex algorithms have a lot of potential — and political baggage.
  26. Future of Privacy Forum Releases Best Practices for Consumer Wearables and Wellness Apps and Devices
  27. Shield laws and journalist’s privilege: The basics every reporter should know
  28. Friending the Privacy Regulators (William McGeveran)

jon

News of the Week; August 17, 2016

GAMES

  1. League of Legends maker goes to court to stop cheat programs: Riot says LeagueSharp “ruins the game… for players that take [it] seriously.”
  2. Riot takes aim at League of Legends cheating software in new lawsuit
  3. Riot sues League of Legends cheat-makers: Developer goes after hackers behind LeagueSharp subscription service “dedicated to destroying the LoL player experience”
  4. Riot Games Joins Blizzard In Misusing Copyright To Go After Video Game Cheaters
  5. Solid Oak Sketches LLC v. 2K Games Inc.
  6. ‘We don’t feel safe’: Metro Detroit couple sues Pokémon Go
  7. Pokémon Go players are wreaking havoc on a Toronto ferry terminal
  8. US police are using Pokémon Go to lure criminals to their stations: Virginia’s Smithfield Police Department invited eight ‘random citizens’ to catch super-rare Ditto in their processing room, after New Hampshire police employed same tactic
  9. Pokémon Go sponsorships will ease “that pressure” to dial up IAP: “It’s tough to be disciplined and understand where you want to draw the line between monetisation and fun gameplay” – Niantic CEO John Hanke
  10. Arrêté Pokemon: Monsieur le Maire a pris un arrêté interdisant l’implantation virtuelle de personnages Pokemon sur la commune de Bressolles.
  11. Catch ‘Em All Without Breaking the Law – A Pokémon Go Player’s Guide to Access Rights
  12. Pokémon’s Evolving Legal Landscape
  13. Gotta catch…a lawsuit? A legal insight into the battlefield Pokémon Go has downloaded onto smartphones and properties around the world
  14. Pokémon GO’s Impact on Smaller Developers
  15. No Man’s Stream: Leaks Mar an Indie Milestone – Ignorance or cynical self-interest; there’s no other explanation for broadcasting hours of footage of a leaked, unfinished game
  16. No Man’s Sky Windows port launched today, is kind of a mess: Button remapping woes, framerate hitches; first patch already online.
  17. Hack the galaxy: The nascent No Man’s Sky PC modding scene
  18. “Premium is dead. That’s a fact, so let’s deal with it”: With Lost in Harmony, Digixart’s Yoan Fanise confronted the death of premium on mobile, but that shouldn’t mean the death of variety
  19. Fernanfloo scores big with new free game: The El Salvador-based gamer’s new venture is part of BroadbandTV’s broader strategy to diversify creator revenue streams beyond ad sales.
  20. Marvel Contest of Champions bringing in over $25M a month
  21. Are paid apps dead? There’s only 1 among the US 50 top-grossing, and it’s Minecraft
  22. Why Video Game Scores are Useless
  23. Firefly Games targets Hollywood following $10M investment
  24. Robin Hunicke hopes her games ‘encourage people to help one another’
  25. Gambling on eSports under new scrutiny by UK Gambling Commission
  26. Virtual currencies, eSports and social gaming – discussion paper (U.K. Gambling Commission)
  27. Year of solid growth for UK industry sees employment and revenues rise: TIGA study says games contribute £1.25bn to UK GDP
  28. Tencent leads the US$226M financing of Twitch-like streaming site, Douyu TV: The company isn’t even the top dog in China, Huya TV can claim the title of most popular videogame streaming service.
  29. Bethesda: Long marketing campaigns are a distraction from game dev
  30. Turkish Reporter: These Grand Theft Auto Cheat Codes Are The Secret Messages Of The Failed Coup Attempt
  31. An Olympic Athlete Wore Witcher Gear During Competition: Vitalina Batsarashkina won silver in a shooting event.
  32. How video games suck you in: “Our sense of time becomes yoked, not to the ticking of the clock, but to the pattern of our interactions”
  33. 15 years later, dev releases source code of cancelled Game Boy Color RPG
  34. Why Super Metroid’s Hacking Community is Still Going Strong 

DIGITAL

  1. The copyright case that should worry all Internet providers
  2. This Daily Beast Grindr Stunt Is Sleazy, Dangerous, and Wildly Unethical
  3. Daily Beast removes Olympics Grindr article after backlash
  4. International Olympic Committee Cracks Down on Periscope Pirates
  5. Olympian posts photo of the armed boys he says robbed him in Rio, photo itself stolen from LA Times
  6. Bahamian sprinter’s finish line dive blows up the internet with these gold medal memes
  7. Which Crazy Copyright Holder Took Down Katie Ledecky/Carlos Santana ‘Smooth’ Mashup First
  8. Racial segregation is alive and well on social media
  9. Blacks more likely than whites to see – and post – race-related content on social media (Pew Research Center)
  10. A Possible Solution To Twitter’s Difficult Problem Of Abusive Behavior: Let People Speak, Don’t Force Everyone To Listen
  11. Section 230 Immunizes Twitter From Liability For ISIS’s Terrorist Activities–Fields v. Twitter (Eric Goldman)
  12. Judge On Whether Twitter Is Legally Liable For ISIS Attacks: Hahahahahaha, Nope.
  13. Kansas couple who live in a ‘digital hell’ sue mapping company MaxMind
  14. Amazon Case Means EU B2C Website Terms May Need an Update
  15. Disconnected in Silicon Valley’s shadow: While Facebook looks to bring internet access to India, many in nearby Fresno struggle with digital literacy.
  16. I’m deleting Snapchat, and you should too
  17. Can Facebook really make ads unblockable?
  18. Another Unfortunate Example Of Facebook Silencing Important Videos
  19. Disappointing: LinkedIn Abusing CFAA & DMCA To Sue Scraping Bots
  20. Russia Plans Social Media Piracy Crackdown
  21. Russia fines Google $6.75 million for Android antitrust violations: Google ordered to loosen restrictions on Android device makers after Yandex complaint.
  22. Sling TV will stream football games via NFL Network and NFL RedZone
  23. Irish court orders alleged Silk Road admin to be extradited to US
  24. Court: US seizure of Kim Dotcom’s millions and 4 jet skis will stand – 4th Circuit – Megaupload founder never came to US to face charges, so he’s a “fugitive.”
  25. Appeals Court Says It’s Perfectly Fine For The DOJ To Steal Kim Dotcom’s Money Before Any Trial
  26. Bleeping Computer countersues maker of SpyHunter: Upset over domain name registrations that “libel” Bleeping Computer.
  27. Podcasting patent troll fights EFF on appeal, hoping to save itself: Personal Audio’s appeal comes down to tiny differences in Web presentation.
  28. Canada’s Innovation Strategy Must Stop Tech Trolls (Michael Geist)
  29. Donald Trump’s plush Scottish golf resort flouted UK data law: Clerical oversight to blame, quickly registers to swerve watchdog.
  30. Yelp Warns Consumers About Legal Threats From Companies
  31. A prescription for preventing 3D printing piracy
  32. Can A.I. write a Hollywood film?
  33. Three Ways The Musical.ly App is Changing How We Interact With Music
  34. GoPro And ESPN Bring Sponsorship Legitimacy To US Drone Racing Championship
  35. Clouds of Things. Data protection and consumer law at the intersection of cloud computing and the Internet of Things in the United Kingdom (Guido Noto La Diega)
  36. The Internet of Heirlooms and Disposable Things (Woodrow Hartzog & Evan Selinger)
  37. Apple’s Emoji Gun Control (Jonathan Zittrain)
  38. Apple May Ultimately Regret its Success in Apple v. Samsung
  39. I was the victim of a Wikipedia troll attack: Or, how I had to prove to the encyclopedia of everything that I’m a nobody.
  40. Sex, Privacy, and Videotape: Lessons of Gawker’s Downfall
  41. Univision buys Gawker Media for $135 million: Gawker still has an outstanding judgment of $140M from Hulk Hogan libel case.
  42. Lots Of Newspapers Discovering That Paywalls Don’t Work
  43. New Audi cars can tell you when traffic lights will turn green: But only in some cities that have centralized traffic management systems.

CREATIVITY

  1. Why Does The Copyright Office Keep Acting Like A Lobbying Arm For Hollywood?
  2. No Inspiration Without Payment: Ed Sheeran Sued For Two Songs Sounding Too Similar To Old Songs
  3. Ed Sheeran: A Tale of Two Song Theft Lawsuits (and a Thousand Journalists) – How should reporters treat legal claims like the one that alleges the pop superstar infringed Marvin Gaye’s classic “Let’s Get It On”?
  4. A compulsive audience and a complicit news media: When is a distribution method that harms users’ brains no longer an acceptable cost of doing business?
  5. Fandom Culture In 2016: The Good, The Bad & The Ugly – Do fans own artists? Is social media damaging the culture?
  6. How America’s Surveillance State Shaped The Sound Of Rap: The narrative of post-prison rap albums has long been determined by the threat of un-freedom.
  7. Pancake flap: ‘Aunt Jemima’ heirs seek dough
  8. Copyright Owner Denied Attorneys’ Fees In Suit Against Popcorn Time User–Cobbler v. Doe (Eric Goldman)
  9. AT&T beats Citi challenge over saying ‘thanks’ to customers
  10. Hassles mount for journalists in Turkey after failed coup 

COMMUNICATIONS & BROADCASTING

  1. Canada the most expensive G7 country for cellphone service: study
  2. Thoughts on why Canadian prices are high (Timothy Denton)
  3. CBC Olympics commentator apologizes for saying Chinese swimmer ‘went out like stink, died like a pig’
  4. Rage at CBC commentator a common reaction during ‘anti-China Games’
  5. D’oh Canada: CBC calls entire race mixing up Michael Phelps and Ryan Lochte
  6. Oops? CBC announcer mixes up lanes, declares Ryan Lochte winner over Michael Phelps
  7. Shoalts: Sure, Elliotte Friedman goofed, but he also showed grace under fire
  8. After biggest blunder of his career, CBC’s Elliotte Friedman wants no sympathy
  9. The Rio Olympics are having a big problem getting people to watch
  10. TV Ratings For The Olympics In Rio Are WAY Down Compared To London In 2012
  11. Every major cable TV company lost subscribers last quarter: Top pay-TV operators lost 665,000 subscribers in Q2 2016.
  12. TV news channels have finally figured out how to call Donald Trump a liar, and it’s glorious
  13. Dick Morris: Fox News Grew More Biased Under Ailes in Recent Years
  14. Bias in Cable News: Persuasion and Polarization (Gregory J. Martin & Ali Yurukoglu)
  15. ISPs and FCC Republicans celebrate FCC’s court loss on muni broadband: FCC critics glad that commission can’t preempt state laws.
  16. Broadband Industry Think Tank Claims Comcast Plan To Charge More For Privacy ‘Pro Consumer’
  17. Google Fiber Hasn’t Hit A ‘Snag,’ It’s Just Evolving
  18. Web firms fear EU’s plans for new telco rules will destroy encryption: European Commission mulls inclusion of OTT players such as WhatsApp in ePrivacy law.

SURVEILLANCE & PRIVACY

  1. Facebook legal settlement risks teens’ privacy
  2. Reddit tells label it won’t cough up IP address of prerelease music pirate: Music label has embarked on “an impermissible fishing expedition,” Reddit says.
  3. Privacy lawsuit over Gmail will move forward: New plaintiffs hope to push ahead with a class of people who never used Gmail.
  4. Linux bug leaves 1.4 billion Android users vulnerable to hijacking attacks: Off-path attack means malicious hackers can be located anywhere on the Internet.
  5. Group claims to hack NSA-tied hackers, posts exploits as proof: Extraordinary claim gets attention of security experts everywhere.
  6. Confirmed: hacking tool leak came from “omnipotent” NSA-tied group – Rare crypto implementation in ShadowBrokers dump connects it to Equation Group.
  7. Snowden speculates leak of NSA spying tools is tied to Russian DNC hack: Former NSA security scientist concurs exposure by “Equation Group” connected to DNC leak.
  8. The World Series of Hacking—without humans
  9. Seeking a future where networks patch themselves, DARPA stages an AI vs. AI smackdown.
  10. Snowden Docs Show NSA, New Zealand Spied On Pro-Democracy Activists
  11. The Internet Doesn’t Route Around Surveillance
  12. New air-gap jumper covertly transmits data in hard-drive sounds: “DiskFiltration” siphons data even when computers are disconnected from the Internet.
  13. Volkswagen Created A ‘Backdoor’ To Basically All Its Cars… And Now Hackers Can Open All Of Them
  14. Nova Scotia ordered to pay in rural high-speed internet court case: The province ‘went through a backdoor’ for confidential research, Nova Scotia Supreme Court rules
  15. University Tracks Students’ Movements Using WiFi, But Says It’s OK Because It’s Not Tracking Students
  16. Copperhead OS: The startup that wants to solve Android’s woeful security – A multi-billion-dollar megacorp, Google, apparently needs help to secure its OS.
  17. EU-US Privacy Shield: How to Certify
  18. Opinion: Retailers like J.Crew are obsessed with data. (And it’s killing your shopping experience.)

jon

News of the Week; August 10, 2016

GAMES

  1. New York Makes Playing Pokemon Go, Other Online Games A Sex Offender Parole Violation
  2. Pokemon Go legislation puts ESA in a tight spot: Will the industry side with sex offenders or risk legislators hobbling a new market just as it gets going?
  3. Pokemon Company Threatens Pokemon Go API Creator With CFAA Lawsuit
  4. Pokémon Go blocks third-party services as global rollout continues: Niantic’s game earned a reported $200 million in its first month, giving rise to a cottage industry of external sites
  5. Privacy Scandal Haunts Pokemon Go’s Ceo
  6. Niantic CEO explains takedown of third-party Pokemon Go apps
  7. Pokemon Go now banned in Iran due to ‘security concerns’
  8. Pokémon Go and the Evolving Arena of Clickwrap Enforcement against Children
  9. How hackers broke Pokémon Go’s anti-cheat technology in four days: Decrypted authentication hash again opens up unauthorized apps.
  10. What Makes Pokémon Go So Popular?
  11. Beware the Pokemon Go Bandwagon
  12. Skin Betting Crackdown: A Dozen Sites Rebuff Second Valve Cease And Desist Letter
  13. Dota 2 eSports prize pool eclipses $20 million
  14. SA government puts block on esports gambling
  15. The Wild West of E-sports Stats: The all-digital world of multiplayer online battle arena gaming should be the perfect petri dish for data analysis. As the popularity and profitability of the genre continue to soar, however, the statistical revolution is surprisingly struggling to keep pace.
  16. Online Olympic video streaming is big, but not as big as eSports: The world’s best athletes are on display, but don’t tell the dudes watching League of Legends on Twitch.
  17. Fan-made Metroid 2 remake celebrates series’ 30th year before Nintendo does: Free on Windows with redrawn graphics, slight twists, mechanics from other entries.
  18. Valve now prevents game trading for players caught cheating on Steam
  19. Valve will grant royalty-free licenses to anyone making SteamVR peripherals: Will allow anyone to build trackable sensors into hardware meant for VR experiences.
  20. ‘Favorable’ overseas sales steer Bandai Namco to solid quarter
  21. Overwatch helps drive record-breaking revenues for Activision Blizzard
  22. How Warner Bros. is making its game business digitally powered
  23. Xbox One controllers and Windows 10 PCs: It’s all a mess right now
  24. Sony cancels PlayStation Plus TV series Powers
  25. Zynga posts another up-and-down quarter
  26. No Man’s Sky street date broken by retailers, gameplay streams now online: Sony issues response, says pre-patch version is not a “fair depiction” of game.
  27. No Man’s Sky could alter the relationship between indies and publishers: Hello Games’ Sean Murray believes success could have a “real impact” on how big publishers see indie games
  28. Humble experiments with giving streamers a cut of game bundles they promote
  29. Hackers finally breach Denuvo’s impenetrable defences: “Denuvo allowed 650,000 pirates to breach their servers for 3 days. And they call themselves the most secure company?”
  30. PC game pirates begin to find cracks in Denuvo anti-piracy tech
  31. Ska Studios laments “toxic” trend in community attitudes: Delay to Salt and Sanctuary’s Vita port prompted a backlash from the game’s audience
  32. I got a glimpse into the future of women in gaming—and it was magical
  33. Playing a Video Game Could Cut the Risk of Dementia by 48%, Suggests a New Study
  34. What I learned playing Metacritic’s all-time worst-scoring PC games

DIGITAL

  1. Chung c. Brandy Melville Canada Ltd.: When Using Photographs Posted on Instagram Can Result in Copyright Infringement
  2. Case launches testing anti-SLAPP laws
  3. Repeat Plaintiff Can’t Sue Search Engines Because Employers Won’t Hire Him–Despot v. Baltimore Life Insurance (Eric Goldman)
  4. Kansas couple sues IP mapping firm for turning their life into a “digital hell”: Company fixed the error, but it may be years before the issue is resolved.
  5. Twitter is not legally responsible for the rise of ISIS, rules California district court
  6. EFF Asks FTC To Demand ‘Truth In Labeling’ For DRM
  7. FTC Alleges 1-800-Contacts Bullied Rivals Out of Competing in Search Ads: Comeptitors Agreed Not to Buy Ads Against Each Others’ Brand Names
  8. FTC Sues 1-800 Contacts For Restricting Competitive Keyword Advertising (Eric Goldman)
  9. Even The Usual Defenders Of The RIAA Are Pointing Out They’re Simply Lying About YouTube
  10. 98% of YouTube Music Videos Are Completely Authorized. Now What?
  11. YouTube is stepping up its investment in original content: Early success of Red subscription service means more funding and support for creators like PewDiePie
  12. Rio 2016: Want to make Olympic GIFs? Not so fast, says IOC – International Olympic Committee prohibits media from making GIFs, WebMs, and Vines.
  13. Minnesota Carpet Cleaning Business Sues US Olympic Committee Over Its Ridiculous Social Media Rules
  14. Rio Olympics Videos Already Have a Billion-Plus Views
  15. Time Warner as sous-chef may enhance Hulu broth
  16. Hulu to End Free TV Service
  17. Hulu Ditches ‘Free’ Model Without Giving It A Chance To Succeed
  18. With Hulu’s Valuation at $5.8B, Where Does It Stand Next To Netflix, Amazon?
  19. FTC to Crack Down on Paid Celebrity Posts That Aren’t Clear Ads: The agency says brands and the social media stars who promote their products need to be more transparent about sponsored content
  20. Snapchat Influencers Start Labeling Social Endorsements as Paid Ads: FTC guidelines kick in with uptick in branded content
  21. The Coming Copyright Fight Over Viral News Videos, Such As Police Shootings
  22. Lifestyle Blogging, Supplement Dust, and Third Party Liability
  23. Competitive Keyword Advertising Lawsuit Will Go To A Jury–Edible Arrangements v. Provide Commerce (Eric Goldman)
  24. New York Legalizes Daily Fantasy Sports 
  25. These May Be the Only People Who Want Yahoo to Thrive
  26. Why are sex workers getting kicked off Airbnb and other platforms without explanation?
  27. Police Get Facebook To Kill Livestream Of Standoff Which Ended With Suspect Being Shot To Death
  28. Your ‘Smart’ Thermostat Is Now Vulnerable To Ransomware
  29. State Supreme Court Rolls Back Decision That Would Have Made Violating Company Computer Policies A Crime
  30. UK copyright extension on designed objects is “direct assault” on 3D printing: Industrial designs, like chairs and tables, now come with a copyright of 70+ years.
  31. Facebook continues its war on clickbait: New system “identifies words and phrases that are commonly used in clickbait.”
  32. Tinder terms of use “violate European law,” says MEP: Norway tells Tinder “this ain’t Texas.” But Tinder sees name victory over threesome app 3nder.
  33. The Making Of A “Facebook Murder”: People are actually killing other people for changing their relationship status
  34. Haters Gonna Hate — but They Better Stop Doing It on Twitter, or They Will Kill It.: Three years after the company resolved to solve harassment, the trolls are still winning.
  35. Blackberry enters a new era, files 105-page patent lawsuit against Avaya: Armed with 38,000 patents, BlackBerry CEO says he’s in “licensing mode.”
  36. Government Accountability Office Study Confirms: Patent Office Encouraged Examiners To Approve Crappy Patents
  37. Oracle fights back against Google’s attempt to sanction a lawyer after trial
  38. Apple, Google, Amazon, And The Advantages Of Bigness
  39. When Every Company Is a Tech Company, Does the Label Matter?
  40. Revisiting the graveyard of an early content farm: There are lessons still be learned from the dusty webpages of Demand Studios.
  41. The strange case of Marina Joyce and internet hysteria: Witch hunts and panic among communities are nothing new, but what happens when cyberspace intensifies the frenzy?
  42. The 10 Commandments of Internet Ethics 
  43. The first website went up 25 years ago today
  44. The bandwidth bottleneck that is throttling the Internet: Researchers are scrambling to repair and expand data pipes worldwide — and to keep the information revolution from grinding to a halt.
  45. How AI Will Redefine Love

CREATIVITY

  1. Getty Sued Again Over Abusing Copyright Law, Licensing Images It Has No Rights To
  2. Government-Backed Study Finds Piracy Fight a Low Priority for Canadian Rights Holders (Michael Geist)
  3. Musician Ed Sheeran faces copyright lawsuit over ‘Thinking Out Loud’
  4. Marvin Gaye Co-Writer Getting it on Again 
  5. Ed Sheeran sued for allegedly copying Marvin Gaye classic Let’s Get It On: Sheeran’s Grammy-winning hit Thinking Out Loud copied the ‘heart’ of Gaye song, says its co-writer Ed Townsend as he sues British artist in New York
  6. Franz Kafka literary legal battle ends as Israel’s high court rules in favor of library: Country’s supreme court rules manuscripts are the national library’s property – Estate’s heirs must hand over documents, which include unpublished writings
  7. MPAA Anti-Piracy Cutbacks Lead to “Bullying” Lawsuit
  8. Second Circuit Revives Copyright Claims Against Sony and Ghostface Killah 
  9. Primatologist Tells Court That Macaque Monkeys Are, Like, Super Smart, So They Should Totally Get Copyrights
  10. DOJ Recommends No Changes in ASCAP and BMI Consent Decrees, And Requires Full-Work Licensing – How It Affects Music Users
  11. DOJ Makes Smart Decision On Music Licensing… Music Publishers Completely Lose Their S–t
  12. The Growing List of How the Copyright Office Has Failed Us
  13. Photographers: Arkansas’ new image-rights law foggy
  14. Publishers Association Sends Whiny Complaint Letter To Dean After Academic Librarian Discusses Sci-Hub
  15. Want to Change Academic Publishing? Just Say No
  16. Viral Cow Video Copied In Ad Campaign, But Is It Copyright Infringement? (Andres Guadamuz)
  17. Here Is The End Result Of The USOC And NBC’s Over-Protectionist Olympic Nonsense
  18. Federal Court rules Olympic themed Telstra campaign is not misleading
  19. Australian Olympic Committee v Telstra: Federal Court draws a ‘fine line’ on ambush marketing
  20. ‘The Ring Games’: How ambush marketing can see brands benefit from multi-million dollar events for free
  21. Dirty Dancing with Trademark Rights: How Pop Culture References in Ads Can Raise Legal Issues 
  22. Josh Duggar Sued over Ashley Madison Profile: DJ Alleges Duggar’s Use of His Picture Cost Him Jobs
  23. The Plural Tort Structure Of Copyright Law
  24. A new milestone for black women in movies — and why it matters
  25. NFL Cuts Out Shout-Out To St. Louis In HoF Speech YouTube Upload, Streisand Effect Takes Over
  26. Journalism’s lack of diversity threatens its long-term future: The barriers faced by those from poorer backgrounds or minorities are getting higher – how can newspapers expect to stay relevant?
  27. Newspaper Association Of America Complains That Comedian John Oliver Failed To Solve Newspaper Biz Model Problem
  28. Picturing the Commons
  29. Functional Compilations (Pamela Samuelson) 

COMMUNICATIONS & BROADCASTING

  1. Roger Ailes Used Fox News Budget to Finance ‘Black-Room’ Campaigns Against His Enemies
  2. Roger Ailes’ Clothing Choices Perfectly Reflect His Personality: Gross on the outside. Gross on the inside.
  3. Will Megyn Kelly Dish About Roger Ailes In Her New Book?: Speculation is building around when and how the Fox News anchor will break her silence.
  4. The Donald Trump and Roger Ailes Mind-Meld: What Trump’s defense of Roger Ailes’ alleged sexual harassment reveals about the GOP nominee.
  5. How Unusual Is the Roger Ailes Sexual Harassment Case?
  6. CNN’s Brian Stelter: Fox News Sent A Staffer To Date Me And Spy On Me Ten Years Ago – Stelter – “I Was Going Out On What I Thought Were Dates … They Were Actually Spying On Me”
  7. Viacom CEO Philippe Dauman Is Overpaid and Should Be Fired, Parent Company Says: He’s “the third highest paid CEO in the United States and among the worst as measured by pay for performance,” NAI writes
  8. States win the right to limit municipal broadband, beating FCC in court: Major loss for Tom Wheeler in attempt to boost broadband competition.
  9. Appeals Court Strikes Down FCC Attempt To Eliminate Protectionist State Broadband Laws
  10. Copyright Office Outlines Concerns With Set-Top Box NPRM in Letter to Congress
  11. US Copyright Office sides with cable companies against FCC’s set-top rules: Set-top box rules could enable piracy, copyright official warns.
  12. Why Is The Copyright Office Lying To Protect The Cable Industry’s Monopoly Stranglehold Over The Cable Box?
  13. Programmatic Advertising Buying and the FCC’s Political Broadcasting Rules 
  14. AT&T, Comcast Fight Utility Pole Reform To Slow Google Fiber’s Arrival In Nashville
  15. Verizon faces customers’ wrath over poor Internet and phone service: Verizon disputes complaints, says it isn’t abandoning copper network in Jersey.
  16. BBC to deploy detection vans to snoop on internet users
  17. BBC Now Training Its Secret, Likely Imaginary, Fleet Of Detector Vans On Your WiFi
  18. The real scandal is that you still believe TV licence detector vans are real – Op-ed: No, the BBC can’t snoop on your Wi-Fi and sense that you’re using iPlayer.
  19. Comcast/NBC Ignores Lessons From The Cord Cutting Age, Buries Olympics Under An Ocean Of Annoying Advertising
  20. Olympics fan claims Twitter killed his account after he posted Rio videos: Venezuelan tweeter says short clips were legal under local laws—Twitter disagrees.
  21. Google Fiber re-thinks plans as it considers wireless alternative: Wireless could help Google Fiber avoid fights with incumbents over pole access.
  22. Ad board to Comcast: Stop claiming you have the “fastest Internet”: Comcast should also stop making confusing claims about Verizon, group says.

SURVEILLANCE & PRIVACY

  1. Vulnerability Exposes 900M Android Devices—and Fixing Them Won’t Be Easy
  2. Sent text messages not private: ruling
  3. Good Ruling In California Protects Anonymity Of Online Critics — Even When The Information Was False
  4. Tenth Circuit: Accessing email is a ‘search’ under the Jones trespass test (Orin Kerr)
  5. FISA Court Says FBI Must Review Its NSL Gag Orders Every Three Years, Rather Than Almost Never
  6. GCHQ faces human rights challenge over bulk hacking abroad: Privacy International to battle UK spooks at European Court of Human Rights.
  7. FBI chief Comey: “We have never had absolute privacy”: 650 phones are “a brick to us… Those are cases unmade, evidence unfound.”
  8. Microsoft v. United States: Court’s “Privacy” Ruling Is Not Really About Privacy at All
  9. An Assessment of the Anthem Data Breach Litigation Rulings
  10. Consumers Say DraftKings and FanDuel Aren’t Keeping Their Data Secure
  11. Has your Company Suffered a Data Breach? Expect to Lose $6.03 Million on Average
  12. Embarrassing Photos of Me, Thanks to My Right-Wing Stalkers
  13. Can We Trust Julian Assange and WikiLeaks?

jon

News of the Week; August 3, 2016

GAMES

  1. 2K Sports scores partial victory in bizarre tattoo copyright lawsuit: Who owns the ink in another person’s skin?
  2. Failure to Register LeBron James’ Tattoo as Copyright Proves Costly
  3. Star Wars Battlefront fan game shut down by Lucasfilm
  4. Blizzard Allows Release Of Fan-Game It Initially Tried To Shut Down, Reaps Rewards It Should Have Had All Along
  5. Homeowner files lawsuit against Niantic over Pokemon Go trespassing
  6. Pokemon Go catches lawsuit for game’s creators: New Jersey man claims players attempting to trespass on his property in search of mythical monsters are creating a nuisance.
  7. Pokémon Go…es To Court! 
  8. Next Stop for Pokémon GO: Regulation & Litigation?
  9. The Case for Pokémon at Auschwitz: Playing the popular game in the death camp is a celebration, not a desecration
  10. Get Your Pokémon Off My Lawn!
  11. PETA’s L.A. Office Is Pokémon ‘Safe Zone’ Following Pokémon Go Release
  12. Most Pokémon Go tracking sites have now been shut down: Niantic is probably signalling the end of real-time Pokémon Go tracking sites.
  13. Pokemon Go Updates Will Be More Respectful to Real-World Places: Pokemon Company rep says it’s working on features that keep the game fun but also respect the world.
  14. New York governor calls onPokemon Go dev to block sex offenders
  15. New York State bans sex offenders from any form of online gaming: Governor ask Niantic for help in creating a “safer environment” for players
  16. New York bills target Pokemon Go, sex offenders: Legislation would ban registered sex offenders from playing AR games, require AR devs to create item-free zones around their homes
  17. 10 psychosocial reasons why ‘Pokémon Go’ is so appealing
  18. App Annie: Pokémon Go makes $10 million every day without cannibalizing other games
  19. 10 Unbelievable Pokémon Go-Inspired Products
  20. Counter-Strike eSports broadcast pulled following Munich shooting: ProSieben MAXX cancels ELeague coverage following German government linking the killer’s actions to his love of Counter-Strike
  21. Twitter Airs Eleague Final, Adds eSports to Live Streaming Lineup
  22. Several Skin Gambling Sites Still Operating After Valve’s Cease And Desist Window Expires
  23. CSGO Lounge move towards licenses in wake of Valve cease and desist
  24. Indie game key scammer says G2A is the best place to sell stolen keys
  25. YouTubers walk away from G2A sponsorship revenue: Accusations of fraudulent transactions on G2A’s marketplace has prompted some streamers to break their partnerships
  26. No criminal charges in 38 Studios collapse: Rhode Island says “no provable criminal violations” in Kingdoms of Amalur company’s downfall, but civil litigation still outstanding
  27. How localizers saved Final Fantasy X from its own voiceover
  28. Augs Lives Matter slogan an “unfortunate coincidence”: Deus Ex brand marketer defends use while Bioware’s Manveer Heir criticizes the developer’s controversial language choice
  29. Sony surges, Microsoft meanders and Nintendo nosedives
  30. PlayStation division more than doubles profits, sells another 3.5m PS4
  31. Digital sales prop EA up in quarterly earnings
  32. Google Play Family Library program will let up to six users share games
  33. Microsoft plans to sabotage Steam – Sweeney: Epic co-founder says Windows 10 updates will progressively break Valve’s storefront, Microsoft acknowledges that UWP is a work in progress
  34. Disney Infinity online services shutting down in 2017
  35. The Shutdown of Disney Infinity Is a Confusing Nightmare: Disney’s plans for the PC version are bizarre and unclear.
  36. Ghostbusters dev Fireforge files for Bankruptcy: Owes millions to part owner Tencent, according to filings
  37. Capcom’s fortunes falter due to a dearth of big releases
  38. Metal Gear series has sold 49m copies: Konami celebrates news in latest financial report
  39. Samsung Gear VR hits 1 million MAUs
  40. That time the industry almost killed E3 – 10 Years Ago This Summer: Publishers pursue an ill-advised adjustment to the Electronic Entertainment Expo and industry heavyweights make bold predictions of varying accuracy
  41. PC games revenue to hit $42 billion in 2020 – DFC
  42. The Relationship between Monetization and Gamer Behavior

DIGITAL

  1. Judge wipes out patent troll’s $625M verdict against Apple – Judge: Repeated references to an earlier trial prejudiced jury against Apple.
  2. Irony: Sony Pictures Sued For Failing To Stop Piracy
  3. Europe Has The Highest Online Piracy Rates, By Far
  4. App Store devs have earned $50 billion: A quick bit of news from the Apple empire, CEO Tim Cook today revealed on social media that developers have earned $50 billion from the App Store.
  5. Kim Dotcom’s lawyer will also represent alleged KickassTorrents founder: Ira Rothken has kept Megaupload founder free for years. Can he do it again?
  6. Arbitration rejected in antitrust suit against Uber
  7. Judge Declines to Enforce Uber’s Terms of Service–Meyer v. Kalanick
  8. Enforce Existing Laws to Combat Online Threats (Danielle Citron)
  9. Are Employers Responsible for Protecting Their Employees on Social Media? “Yes” According to a Recent Decision 
  10. Faced With False Online Client Reviews? Recent CA Ruling May Make It Easier To Force Yelp to Help
  11. Nvidia offers $30 to GTX 970 customers in class action lawsuit over RAM: Graphics card spec discrepancy could lead to a small payout for customers.
  12. Costs of ISP blocking injunctions: is there really an EU rule?
  13. Stiglitz Calls Apple’s Profit Reporting in Ireland ‘a Fraud’
  14. Facebook: We will fight IRS over billions in possible owed back taxes – “Facebook Ireland Holdings Unlimited” helped company lower its US taxes.
  15. Report: Apple’s negotiating tactics sunk its long-rumored TV service – Apple asked for too much in exchange for too little, TV executives tell the WSJ.
  16. Apple replaces the pistol emoji with a water gun
  17. Newest iOS 10 beta includes 100 new emoji, replaces gun with waterpistol: iOS will have the most diverse cast of emoji—including single-parent families.
  18. Is anyone at Yahoo paying attention? Probably not
  19. The Rise and Fall (OK — Mostly Fall) of Yahoo
  20. Verizon’s acquisition of Yahoo is a marriage of incompatible cultures. And it won’t end well.
  21. YouTube’s Dilemma: How Best To Monetizing Video Content
  22. YouTube’s Unplugged TV Dilemma, Part 2: Ad-Based Model’s Revenue Potential Quantified
  23. Streaming’s Ad Boom: Will the Millions Spent By Apple, Spotify, Pandora and YouTube Help Decide Who’s No. 1?
  24. Facebook’s Rich History Of Copying SnapchatHere’s Why Facebook Is So Desperate to Buy, Copy or Kill Snapchat
  25. You’re more valuable to Facebook than ever before
  26. Time Warner Buys 10% Stake in Hulu, Valuing It at $5.8 Billion: HBO owner joins Disney, Fox and Comcast in owning the streaming-TV service
  27. Bitcoin Drops Nearly 20% as Exchange Hack Amplifies Price Decline
  28. The IOC Announces The Olympic Channel: The New Year-Round Digital Home For Olympic Content
  29. BBC iPlayer users will have to pay TV licence fee from 1 September: Government pushed through plan to close ‘iPlayer loophole’, which costs the BBC about £150m a year
  30. County Employee Properly Terminated for Facebook Posts Criticizing Police–Palmer v. Anoka
  31. Nigerian authorities arrest alleged mastermind of $60M worth of online scams
  32. I’m With The Banned: What my evening with Milo told me about Twitter’s biggest troll, the death of reason, and the crucible of A-list con-men that is the Republican National Convention.
  33. After mass shooting, German police focus on “dark net” crime
  34. FTC Investigation Sparked Over Use of “Female Chat Bots” in Ashley Madison
  35. Houston Law Firm Sues Student With Severe Back Injuries For $200k After She Posts Negative Reviews To Yelp, Facebook
  36. Chung c. Brandy Melville Canada Ltd.: When Using Photographs Posted on Instagram Can Result in Copyright Infringement 
  37. Public Wi-Fi hotspots and you: Busting the many legal myths
  38. Are you a criminal because you share your Netflix password? 
  39. OECD broadband statistics update
  40. Internet Policy Review: Regulating the sharing economy [Volume 5, Issue 2]
  41. Let the geeks rule over the Internet
  42. Instagram will soon let you filter comments on your own account

CREATIVITY

  1. Getty Images sued again over alleged misuse of over 47,000 photos
  2. Getty Makes Nonsensical Statement On Photographer Carol Highsmith’s Lawsuit For Falsely Claiming Copyright
  3. Irony: Sony Pictures Sued For Failing To Stop Piracy
  4. PETA Takes Infamous “Monkey Selfie” Lawsuit to Appeals Court
  5. The Selfie-Taking Monkey Who Has No Idea He Has Lawyers Has Appealed His Copyright Lawsuit
  6. Faulkner v. Hasbro Inc.: District court denies toy company’s motion to dismiss right of publicity claim brought by Fox News anchor Harris Faulkner, holding that fact that hamster doll in defendant’s Littlest Pet Shop toy line bore plaintiff’s “unusual celebrity name” name was sufficient to state claim.
  7. How the (Copyright Test) Was Won: Led Zeppelin Victorious in “Stairway to Heaven” Suit
  8. Lionsgate Gets Judge to Revive Trademark Claim Over ‘Dirty Dancing’ Ad Spoof
  9. Dirty Dancing remake: court grants reconsideration on dilution – Lions Gate Ent. Inc. v. TD Ameritrade Servs. Co., No. cv 15-05024  (C.D. Cal. Aug. 1, 2016) (Rebecca Tushnet)
  10. Why Stephen Colbert can’t be Stephen Colbert anymore (+video)
  11. Intellectual Property Fun: Is Comedy Central Claiming It Owns The Character Stephen Colbert
  12. Stephen Colbert Retires ‘Stephen Colbert.’ Please Welcome ‘Stephen Colbert.’
  13. Who Owns Stephen Colbert? 
  14. After Cracking Down On Tens Of Thousands Of Enemies, Erdogan Says He’s Dropping His 2000 Lawsuits Over Insults
  15. Canadian Comedian Plans To Appeal $42k For A Joke That Insulted Someone
  16. The Supreme Court Will Consider a Case About Cheerleading Uniforms
  17. Independent Artists Unite Online To Fight Zara: Claiming the popular brand stole their designs, more than 20 artists are working together to get compensation
  18. How California’s Identity Fraud Law Has Been Interpreted To Criminalize Defamation, Publicity Rights Violations And More
  19. Copyright Office Intent On Changing The Part Of Copyright That Protects Libraries & Archives, Even Though No One Wants It Changed
  20. No Alarms, No Surprises: Why Buying Concert Tickets Is a Rigged System
  21. The Trouble with the TPP’s Copyright Rules (Michael Geist)
  22. Court of appeals says FU to state university’s TM claim (Rebecca Tushnet)
  23. VCRs are cast into the dustbin of history
  24. What It Takes for an Independent Record Store to Survive Now: Even as legacy music shops continue to shutter across the country, Midwestern institution Used Kids has managed to stay afloat for the last 30 years and counting. How do they do it?
  25. IP and BREXIT: The facts
  26. Federal Court smiles at Telstra’s “I Go to Rio” advertising campaign
  27. Update: Australian Olympic Committee, Inc. v Telstra Corporation Limited [2016] FCA 857
  28. Kindling the Commons: History Reminds Us Why Sharing Our Creativity Matters

COMMUNICATIONS & BROADCASTING

  1. Trial on Sumner Redstone’s Mental Competence Set for October
  2. Philippe Dauman Gets Judge’s Go-Ahead in Lawsuit Over Removal from Sumner Redstone Trust
  3. Fox and friends with benefits
  4. Former Fox News Booker Says She Was Sexually Harassed and ‘Psychologically Tortured’ by Roger Ailes for More Than 20 Years
  5. Sex on TV: Final FAQs for employers about the Roger Ailes case 
  6. Laurie Dhue’s Lawyer Slams Fox’s Probe Into Roger Ailes Harassment Claims
  7. Copyright Office Jumps Into Set-Top Box Debate, Says Hollywood Should Control Your TV
  8. The Limits of Net Neutrality: Open access to the internet needs stronger curbs on big network operators. In the US and Europe, there’s authority to impose these. That’s easier than it sounds. (Susan Crawford)
  9. Broadband Industry Formally Tries, Once Again, To Kill Net NeutralityBroadband industry tries again to kill net neutrality and Title II: ISP lobby groups petition for full court review of decision that upheld rules.
  10. Washington state sues Comcast, says it sold near-worthless service plans: Comcast defends $5-per-month service plans, will fight $100 million lawsuit.
  11. Washington State Sues Comcast For Routinely Ripping Off Its Customers
  12. How Comcast convinced customers to buy “near-worthless” service plans: Lawsuit details Comcast sales script for unnecessary service plans.
  13. Comcast supports higher prices for customers who want Web privacy – Comcast: FCC rules shouldn’t determine whether customers make “good choices.”
  14. Comcast: The Economics Of Offering Cheaper, Better Streaming TV Service ‘Unproven’
  15. AT&T violated rule requiring low prices for schools, FCC says: AT&T claims it didn’t have to follow rule designed to give schools lower prices.
  16. Google Fiber stalls in Nashville in fight over utility poles: AT&T, Comcast resist Nashville plan to speed Google Fiber construction.
  17. After Ripping Off Cities, States For Years, Verizon Makes Some Familiar Broadband Promises To Boston
  18. Let’s Talk TV: CRTC Revises Policy Framework for Local and Community Television (Stephen Zolf)
  19. CRTC Publishes Enforcement Advisory on CASL Consent Records
  20. FCC Demands TP-Link Support Open Source Third-Party Firmware On Its Routers
  21. World’s first 8K TV broadcasts begin for Rio 2016 Olympics: Unless you have an 8K TV you’ll have to attend a special viewing theatre.
  22. Use a VPN or proxy in the United Arab Emirates, risk a £400K fine or prison: Latest move seems to be about protecting profits at country’s top telecom companies.
  23. Virgin Media red-faced after workers dig trench, block house, and disappear: Situation rectified a day later following flurry of bad press. Funny, that. 

SURVEILLANCE & PRIVACY

  1. How copyright is irreparably, fundamentally incompatible with privacy
  2. How a file-sharing lawsuit against Rogers threatens your Internet privacy: Geist – Voltage Pictures asked the court to order Rogers to disclose the identity of one of its subscribers in a reverse class-action lawsuit.
  3. Do You Consent? Four Ways to Strengthen Digital Privacy (Michael Geist)
  4. Oliver Stone asks moviegoers to power down phones—and leave them off: “This will be our undoing,” Snowden director says in stark pre-film warning.
  5. Comcast Tells The FCC It Should Be Able To Charge Broadband Users A Premium For Privacy
  6. State Supreme Court Says Secret Software Used In Sentencing Determinations Not A Violation Of Due Process Rights
  7. Trump’s wish for hacking powers sets up disaster scenario Snowden feared
  8. Documents Show FISA Court Refusing To Grant FBI’s Requests To Scoop Up Communications Along With Phone Metadata
  9. FBI Bugging On Courthouse Steps (Not Very Nice, But) Not an Illegal Search
  10. Court Says Bugs The FBI Planted Around California Courthouses Did Not Violate Anyone’s Expectation Of Privacy
  11. Federal Prosecutors Use All Writs Order To Compel Suspect To Unlock Phone With His Fingerprint
  12. Security Researchers Sued For Exposing Internet Filtering Company’s Sale Of Censorship Software To Blacklisted Country
  13. Federal court says state law can’t ban political robocalls: An Arkansas law can’t single out political robocalls exclusively in ban, judge says.
  14. Watchdog takes bizarre legal route in data privacy case – Analysis: Data commissioner takes needlessly costly route in Schrems case
  15. DNC staffers: FBI didn’t tell us for months about possible Russian hack
  16. By November, Russian hackers could target voting machines: If Russia really is responsible, there’s no reason political interference would end with the DNC emails.
  17. WikiLeaks Put Women in Turkey in Danger, for No Reason (Zeynep Tufekci)
  18. Mickey Mouse Club had Mickey Mouse security: Disney’s Playdom forum pours out passwords
  19. NSA Surveillance Compliance Reports Show Typos, Lack Of Communication Resulting In Erroneous Targeting And Collection
  20. Second Circuit’s Decision in Microsoft v. U.S. (Data Stored in Ireland): Good News for Internet Users?
  21. DOJ Responds to ‘Microsoft Ireland’ Decision With Proposed Legislation and Bilateral Agreements Allowing Cross-Border Data Searches
  22. US Internet Companies Are Not Government’s Eyes and Ears Worldwide (Anupam Chander)
  23. Director Of National Intelligence ‘Celebrates’ National Whistleblower Day… Without Mentioning Snowden Once

jon

News of the Week; July 27, 2016

GAMES

  1. Pokémon Go is “new level of invasion,” says stony-faced Oliver Stone – Snowden director: “This data-mining game is what they call totalitarianism.”
  2. Nintendo posts biggest Q1 loss in five years: Last year’s profit turns to $232 million loss in the face of collapsing Wii U sales and the absence of new revenue streams
  3. Nintendo suffers huge first-quarter loss as Wii U and 3DS sales tumble
  4. Pokémon Go: Nintendo stock tanks after it issues profit warning: Nintendo admits to limited impact from app’s success—sees biggest shares drop since 1990.
  5. Nintendo issues reminder it didn’t make Pokémon Go, stock slumps 18%: $6.7 billion wiped from Nintendo’s market cap in its biggest one-day drop since 1990
  6. Nintendo’s stock drops as investors learn it didn’t createPokemon Go
  7. Nintendo stays the course despite flagging sales and profits
  8. Despite radical success, Pokemon Go won’t affect Nintendo’s bottom line
  9. Pokemon Go is popular but polarizing, according to Nielsen data
  10. The Endgame Grind Of ‘Pokémon GO’ Is Spirit-Crushing
  11. London restaurant drops Pokémon Go lures, revenues go up 26%: Covent Garden eatery has a dedicated employee who spends £100 per day on lures.
  12. Pair that brought guns to Pokémon tournament gets two years in jail: Sentencing comes after players showed off weapons in threatening online posts.
  13. Pokémon’s Big Carbon Footprint Illustrates Energy Reality
  14. How Pokémon Go changes the geography of cities
  15. The tireless, automated bots that want to play Pokémon Go for you: GPS-spoofing programs open up a big cheating problem for developer Niantic.
  16. Wherein An Associate Curses Out A Partner Over Pokémon
  17. Augmenting Reality: A Pokémon Go Business and Legal Primer 
  18. Expanded Video Game Liability Post-Pokémon Go? 
  19. The intriguing legal ramifications of Pokémon GO
  20. Pokémon Go — another reminder about the duty of competence for lawyers 
  21. Is Pokémon Go success going to come to a Weezing halt?: Garry Barter of PlayerXP analyses the customer feedback for Niantic’s AR giant
  22. Pokémon Go developer’s first game, Ingress, surges in Japan
  23. How The 23 Named Skin Gambling Sites Have Reacted To Valve’s Cease And Desist Letter
  24. Heroes of the Storm player arrested for death threats against Blizzard
  25. Man arrested for threats against Blizzard: California man faces up to five years in jail after repeatedly suggesting he might “pay a visit” with an AK-47
  26. The patented “superformula” that could cause a legal headache for No Man’s Sky: Drama comes as game has been finalized, is set to launch on August 9.
  27. Over 775K emails stolen in Warframe hack
  28. Humble Bundle clarifies fraud policies: “Let us take care of this for you using our infrastructure” it tells devs
  29. Humble Bundle outlines fraud prevention strategy following G2A fiasco
  30. Report: China pushes past US to lead the world in App Store game revenue
  31. Alibaba invests $150 million in esports
  32. Renegades, Riot and the danger of absolute power
  33. ESL: “The onus is on us to set the bar” – Spike Laurie talks regulation, responsibility and reaching the mainstream
  34. Dota 2’s The International prize pool is the richest in eSports — again
  35. Gaming revenues down 9% at Microsoft as hardware sales slow
  36. Xbox One drops to $249, now half of its launch-day price
  37. Study: Sexualized female characters in games down over last decade
  38. How Are Games Companies Dealing With Online Abuse?
  39. No Consoles For Old Men: Ageism In The Game Industry
  40. Games For Grandparents: How the game industry is leaving today’s (and tomorrow’s) seniors behind.
  41. Top 10 Worst Star Wars Games Ever Made: These aren’t the games you’re looking for.
  42. Political snarls drive prominent game educators out of Wisconsin

DIGITAL

  1. Photographer sues Getty Images for selling photos she donated to public: Firm demanded $120 from Carol Highsmith for alleged copyright violation of her own photo.
  2. Photographer Suing Getty Images for $1 Billion
  3. Highsmith v. Getty Images, Complaint USDC Southern District of New York, July 25, 2016
  4. EFF Lawsuit Takes on DMCA Section 1201: Research and Technology Restrictions Violate the First Amendment
  5. EFF sues US government, saying copyright rules on DRM are unconstitutional: DMCA’s “anti-circumvention” rule has rankled hackers and scholars for a long time.
  6. America’s broken digital copyright law is about to be challenged in court: The Electronic Frontier Foundation is suing the US government over ‘unconstitutional’ use of the Digital Millennium Copyright Act
  7. EFF Lawsuit Challenges DMCA’s Digital Locks Provision As First Amendment Violation
  8. China Clamps Down on Online News Reporting
  9. China To Ban Ad Blockers As Part Of New Regulations For Online Advertising
  10. Just As We Warned: A Chinese Tech Giant Goes On The Patent Attack — In East Texas
  11. Russian Copyright Law Allows Entire News Site To Be Shut Down Over A Single Copied Article
  12. It looks like Russia hired internet trolls to pose as pro-Trump Americans
  13. Unified Patents files legal challenges against top three patent trolls of 2016: Patent trolls sent hundreds of demand letters over package tracking and DRM.
  14. Qualcomm settles class-action gender bias suit for $19.5 million: Chip-maker will now address imbalance within its ranks, implementing reforms to improve pay and opportunities for women
  15. Search Engine Snippets Protected By Section 230–O’Kroley v. Fastcase (Eric Goldman)
  16. Appeals Court Rejects Silly Case Against Google Over Search Results Summary
  17. Paramount ends geoblocking tactics after EU antitrust breach warning: Movie studio commits to boldly allow access where no European had access before.
  18. Olympics Committee Says Non-Sponsors Are Banned From Tweeting About the Olympics
  19. Dear US Olympic Committee: Tweeting About The Olympics Is Never Trademark Infringement
  20. Batten down the hatches—Navy accused of pirating 585k copies of VR software: Bitmanagement Software says Navy “did not license” its virtual reality product.
  21. Message Board Operator May Be Liable For Moderator’s Content–Enigma v. Bleeping
  22. Isohunt Founder Settles With Music Industry For $66 Million
  23. IsoHunt Settles The Last Of Its Lawsuits, Laughably Agrees To ‘Pay’ Recording Industry $66 Million
  24. Will The FTC Investigate People & Companies Paid By Facebook To Use Facebook Live?
  25. Twitter Continues Push Into Live Sports Streaming With Announcement Of MLB And NHL Partnership
  26. Breaking Down Twitter’s Flurry Of Streaming Rights Deals
  27. The Future Of Live Streaming Sports Lies With Social Media Networks
  28. It’s Official: Verizon Buying Yahoo for $4.83B in Cash
  29. Official: Yahoo snapped up by Verizon in $4.8 billion deal – ’90s Internet pinups Yahoo and AOL together at last.
  30. Verizon Buys Yahoo In $4.8 Billion Attempt To Bore The Internet To Death
  31. Does The Snapchat Generation Even Know What Yahoo Is?
  32. Verizon To Unite AOL & Yahoo Against Facebook, YouTube
  33. How Yahoo Lost Its Way: The seminal early tech giant never quite found a way to successfully pivot.
  34. What Hot ’90s Tech Company Should Verizon Buy Next?: Yahoo today, maybe Neopets tomorrow
  35. Why Netflix Is Stumbling Overseas
  36. Facebook CEO: ‘In Five to Ten Years AR Will Be Where VR is Today’
  37. Massachusetts issues guidelines for using third-party robo-advisers 
  38. North Carolina Clarifies Digital Currency Amidst Growing Interest in Blockchain Technology
  39. Bitcoin ‘not real money’ says Miami judge in closely watched ruling – Defendant acquitted of illegally transmitting $1,500 worth of cryptocurrency – Judge: ‘Bitcoin has a long way to go before it is the equivalent of money’
  40. Florida judge: Bitcoins aren’t currency, so state money laws don’t apply
  41. In Rejecting Bitcoin as Money, Florida Court Sets Likely Precedent
  42. Leslie Jones And Twitter’s Troll Economics
  43. Twitter’s Wholesale Rejection of Donald Trump’s Speech Was Oddly Comforting
  44. Hillary 2016 app sees gamification of political activism for iPhone-owning Democrats
  45. The Strange Politics of Peter Thiel, Trump’s Most Unlikely Supporter
  46. MIT Media Lab Launched Disobedience Award, Funded By Reid Hoffman
  47. Canada’s National Digitization Plan Leaves Virtual Shelves Empty (Michael Geist)
  48. Why Canada should adopt a national IP strategy
  49. The rise in cyber attacks shows we need to change the way we think about crime

CREATIVITY

  1. Turkey Cracks Down on Journalists, Its Next Target After Crushing Coup
  2. Donald Trump’s Ghostwriter Tells All: “The Art of the Deal” made America see Trump as a charmer with an unfailing knack for business. Tony Schwartz helped create that myth—and regrets it.
  3. Donald Trump Threatens ‘Art Of The Deal’ Ghostwriter, Claiming His ‘Disloyalty’ Somehow Amounts To Defamation
  4. Demand Letter and Response re Author of Trump’s “Art of the Deal”
  5. Why Donald Trump Should Have Gotten Song Permission from The Rolling Stones (But Not Queen)
  6. But Wait: Copyright Law Is So Screwed Up, Perhaps The Rolling Stones Are Right That Donald Trump Needed Their Permission
  7. Whose Copyright Office? (Annemarie Bridy)
  8. Led Zeppelin Copyright Trial, Round 2: Band’s Accuser Files for Appeal
  9. The Hamster Case Continues as District Court Denies Hasbro’s Motion to Dismiss
  10. Harris Faulkner Says It Doesn’t Matter that Hamster Toy Doesn’t Look Like Her
  11. Daily Mail Must Face Defamation Suit After Using Photo of Porn Star in HIV Story: The 9th Circuit Court of Appeals concludes that reasonable readers could have assumed that Danni Ashe had tested positive.
  12. How to Libel a Porn Star (Noah Feldman)
  13. Gawker Founder Nick Denton Wins Temporary Reprieve From Hulk Hogan Judgment
  14. How the Real Edward Snowden Helped Write the Ending to Oliver Stone’s ‘Snowden’
  15. The weirdest ads made by your favourite filmmakers: Everybody needs to pay the bills – for directors that might mean surrendering creative control to a brand and making films you might not normally make
  16. Technology changes how authors write, but the big impact isn’t on their style 

COMMUNICATIONS & BROADCASTING

  1. Amid Sexual Harassment Allegations, Roger Ailes Resigns As Chairman And CEO Of Fox News
  2. What does Fox News do after Roger Ailes?
  3. RNC 2016 Ratings Have Fox News Flat, Big Jumps for CNN, MSNBC
  4. A Stony Silence at Fox News After Ailes’s Departure
  5. Why Did It Take Roger Ailes So Long to Fall?: The real surprise may be that some accusers were willing to step forward despite the likely consequences.
  6. Roger Ailes’s Fox News Ending Was The Story He Couldn’t Control
  7. Amazon, Cable Industry Molest The Definition Of Copyright In Ongoing Scuff Up Over Cable Box Reform
  8. Lawsuit Claims Frontier Misused Millions In Federal Broadband Stimulus Funds
  9. Verizon to disconnect unlimited data customers who use over 100GB/month
  10. Netflix’s cable box deal with Comcast won’t exempt it from data caps: Netflix video will stream on Comcast cable boxes—but without special treatment.
  11. Are You Compliant with Canada’s Anti-Spam Law? Expect the Multi-Million Dollar Lawsuits to Start Next Year
  12. AT&T to lead robocall “strike force”—after claiming it can’t block them: Industry might finally take stronger action against robocalls after FCC demands.
  13. NBC Turns to Digital Influencers to Draw TV-Averse Millennials to Olympics Coverage

SURVEILLANCE & PRIVACY

  1. Why this internet celebrity is hacking his fans’ social media accounts
  2. Pop star tells fans to send their Twitter passwords, but it might be illegal: #HackedByJohnson entices young fans so he can post cute messages in their name.
  3. All Signs Point to Russia Being Behind the DNC Hack
  4. Critics blast Trump calls for Russia to locate missing Hillary Clinton e-mails
  5. New evidence suggests DNC hackers penetrated deeper than previously thought: Consultant’s Yahoo Mail suspected of being targeted by state-sponsored hackers.
  6. Connecting the dots: How Russia benefits from the DNC email leak
  7. Wikileaks Leak Of Turkish Emails Reveals Private Details; Raises Ethical Questions; Or Not…
  8. Secret algorithms that predict future criminals get a thumbs up from Wisconsin Supreme Court
  9. In Secret Battle, Surveillance Court Reined in FBI Use of Information Obtained From Phone Calls
  10. Judge Orders Yahoo to Explain How It Recovered ‘Deleted’ Emails in Drugs Case
  11. Protecting the Fourth Amendment in the Information Age: A Response to Robert Litt (Cindy Cohn)
  12. Nonagenarian model citizen wants secret surveillance data on him deleted: Classed as a “domestic extremist,” the RAF veteran is suing UK police at the ECHR.
  13. A Side-By-Side Comparison of “Privacy Shield” and the Controller-Processor Model Clauses: The Easiest Way to Understand What Privacy Shield is and What You Need to Do to Use it
  14. Microsoft ordered to stop tracking Windows 10 user behaviour—or face piddling fine: France’s data watchdog also eyes Microsoft’s clasp of discredited Safe Harbour scheme.
  15. Police asked this 3D printing lab to recreate a dead man’s fingers to unlock his phone
  16. Apple’s Touch ID blocks feds—armed with warrant—from unlocking iPhone: Supreme Court has not ruled about compelled unlocking of fingerprint-locked devices.
  17. Snowden Designs a Device to Warn if Your iPhone’s Radios Are Snitching
  18. Hacker who published LA Times login credentials ordered to prison: Matthew Keys must begin serving two-year sentence for putting login info online.
  19. The Internet Of Things Is a Security And Privacy Dumpster Fire And The Check Is About To Come Due
  20. Oscar-Winning Screenwriter Mark Boal Sues U.S. Government Over Bowe Bergdahl Interviews: Boal says he shouldn’t be held in contempt in a military court for refusing to comply with a subpoena.
  21. FTC: Most Americans Don’t Know How Much Companies Track And Sell Their Data – As Americans face ubiquitous data collection with too little transparency or control, Edith Ramirez, the head of the Federal Trade Commission, wants a comprehensive privacy law.

jon

News of the Week; July 20, 2016

GAMES

  1. Valve lawyers send cease-and-desist letters to Counter-Strike gambling sites: CSGOLotto, CSGOLounge among those told to cease “commercial use” of Steam accounts.
  2. Valve calls on 23 Counter-Strike gambling hubs to cease & desist
  3. 23 Skin Gambling Sites, Spanning Casino And Sports Betting, Targeted With Cease And Desist From Valve
  4. Are ‘Provably Fair’ CS:GO Skin Gambling Sites As Fair And Safe As They Claim?
  5. Seven Questions Raised By Valve’s Skin Betting Announcement
  6. Twitch pulls the plug on CS:GO gambling broadcasts
  7. Twitch Bans Top Counter-Strike Gambling Streamer
  8. Robert Yang calls out Twitch for “humiliating and dehumanising treatment”: Radiator 2 is the third Yang release to be banned by Twitch for its sexual content
  9. Fallout 4 DLC Quest Resembles New Vegas Mod; Bethesda Denies Copying It – “We love our mod community and would never disrespect them,” Bethesda says.
  10. Nintendo Breaks Stock Market Records Thanks To Pokemon: A whole lot of shares were traded in Japan.
  11. Pokemon GO drives Nintendo market cap past Sony: Nintendo’s value has doubled, approaching $40 billion, thanks to Niantic’s Pokemon mobile game
  12. Measuring the quotable pop culture impact of Pokémon Go
  13. Pokémon Go Maker Is Facing a Privacy Lawsuit Threat in Germany
  14. Pokémon Go Craze Brings New “Augmented Reality” Legal Issues Into Light (Michael Geist)
  15. I hired a Pokémon Go chauffeur and played in ultimate luxury
  16. Pokémon Go is barely a week old and Hillary Clinton is already using it to register voters
  17. T-Mobile’s Pokémon Go freebie data bad for net neutrality, cry activists: Gotta zero-rate ’em all if you want to preserve the open Internet.
  18. Fake Pokémon Go app on Google Play infects phones with screenlocker
  19. What can you do when Pokémon Go decides your house is a gym?: Augmented reality and private spaces don’t mix
  20. Pokémon Go in the Workplace: Oh Look There’s a Pikachu! 
  21. Providing for your Pokémon in your Will:  Everyone is talking about Pokémon Go but no one is asking the most important question of all – what happens to your Pokémon when you die?
  22. ‘Incredibly dangerous’ Pokemon Go stunt draws ire of TTC
  23. Sex offender arrested, accused of playing Pokémon Go with kids: Probation agent saw offender playing game with kids outside agency’s office.
  24. Nintendo Cracking Down On Pokemon Go ‘Pirates’ Despite The Game Being Free
  25. Pokemon GO is now the biggest US mobile game ever: Niantic’s insta-hit has topped Twitter’s daily users and sees more engagement than Facebook
  26. Pokemon GO is the perfect marriage of IP and technology
  27. The past and future of location based AR games like Pokemon Go
  28. Sales double at GameStops that are now PokeStops, says company chief
  29. What ‘Pokémon Go’ Could Be Like if it Was Really Augmented Reality
  30. Pokémon Go Ushers in a New, Augmented World of Legal Liability Concerns 
  31. Defense Department Issues Opsec Guidelines For Safe And Secure Pokemon Hunting
  32. Pokemon Go players: you have 30 days from signup to opt out of binding arbitration
  33. How hackers are revealing the hiddenPokemon Go monsters all around you: Deciphered server data provides precise locations in a handy Google Map.
  34. What Pokémon, Japanese Schoolgirl Punks, and Cocaine Have in Common: There wouldn’t be Pikachu without kawaii, Japan’s highly addictive cult of cuteness.
  35. Microsoft’s games revenue slips due to declining Xbox console sales
  36. The Call For Diverse Representation In Gaming: A Win In ‘Mirror’s Edge Catalyst’
  37. Shooter Raw Data becomes first VR title to top Steam charts
  38. VR “kind of scares me as an investor” – Lasky
  39. Pro-skier Matilda Rapaport dies whilst filming footage for Steep: Extreme sports star killed by avalanche during Ubisoft project
  40. Ubisoft’s sales climb 44% as Vivendi increases stake in publisher: Vivendi now holds over 20% of the voting rights in Ubisoft
  41. South Korean prosecutor arrested over ’05 purchase of Nexon stock
  42. Unity Raises $181 Million Series C in Anticipation of VR/AR Growth: Company reportedly valued at $1.5 billion
  43. The law in the world’s largest mobile gaming market has changed
  44. China overtakes US in iOS game revenues – App Annie
  45. Twitch viewers more likely to buy within 24 hours of stream
  46. eSports growth slowing but market to pass $1bn in 2017 – SuperData
  47. TV networks show they are ready to commit to esports
  48. Why sports teams are recruiting video gamers
  49. eSports’ “Wild West” period is drawing to a close
  50. Ubisoft’s fortunes rise thanks to strong Q1 sales of digital goods
  51. TIGA wants improved Game Tax Relief following Brexit
  52. TIGA issues ten-point report on preparing for Brexit
  53. Spanish games companies have “multiplied by a factor of 8” since 2005
  54. Breeding Season’s Patreon campaign turns sour: When sex and farming sims go wrong
  55. Hideo Kojima on Leaving Metal Gear Behind and Starting Anew
  56. Can ‘Minecraft’ Really Change the Way Teachers Teach?
  57. Matt Damon Would Love to Be in a Video Game, But No One’s Asked Him Yet

DIGITAL

  1. Google’s ad business “breaches” EU rules, says antitrust chief: Price comparison charges “reinforced,” fresh charges against ad practices coming.
  2. Alleged founder of world’s largest BitTorrent distribution site arrested: US prosecutors allege Artem Vaulin illegally distributed over $1 billion in IP.
  3. Twitter stirs debate as ‘troll’ banned over racist abuse
  4. Milo Yiannopoulos, rightwing writer, permanently banned from Twitter: Breitbart writer, who tweeted as @Nero, handed permanent suspension after claims he fanned flames of social media attack on Ghostbusters’ Leslie Jones
  5. Twitter vows to act more swiftly after banning Leslie Jones abuser: Twitter bars Milo Yiannopoulos for good after Jones quit the network following tweets that left her in ‘personal hell’
  6. Twitter opens up account verification, bans Breitbart editor over abuse
  7. Police Step Up Arrests For ‘Threatening’ Social Media Posts In The Wake Of The Dallas Shooting
  8. Paris Court Says Search Engines Don’t Need To Block Torrent Searches
  9. Google, Microsoft can’t be forced to censor “torrent” searches: Court disapproved of plaintiff’s attempt to use “torrent” as a badge of dishonor.
  10. Sideloading Service Defeats Copyright Infringement Claims–BWP v. Polyvore (Eric Goldman)
  11. Yelp Isn’t Liable For User-Submitted Photos Of Businesses–Albert v. Yelp (Eric Goldman)
  12. California Appeals Court Reaffirms Section 230 Protections In Lawsuit Against Yelp For Third-Party Postings
  13. Twitter May Be Liable for Sending Texts to Recycled Cellphone Numbers–Nunes v. Twitter
  14. Most of what you do online is illegal. Let’s end the absurdity: A hopelessly outdated law can criminalise things like using chat clients, playing games or watching sports. Worse, it make research into discrimination illegal
  15. Could Donald Trump Block Hillary Clinton’s Campaign From Visiting His Website Via The CFAA?
  16. Courts Approve Terms of Service-Based Arbitration Clauses for Uber and Groupon
  17. Does Snapchat’s Lenses feature violate Illinois’ biometrics law?: 2008 law warns “full ramifications of biometric technology are not fully known.”
  18. TOS agreements require giving up first born—and users gladly consent: Study says participants also agreed to allow data sharing with NSA and employers.
  19. A Binding “Clickwrap Agreement” From Paper?
  20. Turkey Blocks Wikileaks After It Dumps Nearly 300,000 Turkish Gov’t Emails
  21. As Erdogan Faces Turkish Coup, The Guy Who Once Banned Social Media Sites, Forced To Address Nation Via Facetime & Twitter
  22. Ninth Circuit Panel Backs Away From Dangerous Password Sharing Decision—But Creates Even More Confusion About the CFAA (EFF)
  23. Is It Really Illegal to Share Your Netflix Password?: The confusion over the 30-year-old Computer Fraud and Abuse Act.
  24. Plagiarism claims against BuzzFeed Video: a complicated tale of originality on the internet
  25. Google deletes artist’s blog and a decade of his work along with it
  26. When Tragedy Strikes Who Should Cash In on Viral Video?
  27. Pam Geller Sues The US Gov’t Because Facebook Blocked Her Page; Says CDA 230 Violates First Amendment
  28. Kim Dotcom to reboot Megaupload half a decade after FBI shut it down: File-sharing mogul still fighting against extradition to US.
  29. Facebook isn’t trying hard enough to increase its diversity: It’s blaming schools, not itself.
  30. Yahoo may not have “screwed Tumblr up,” but it has haemorrhaged money
  31. YouTube Is Becoming Many YouTubes to Keep Its Video Crown
  32. YouTube Pays Billions, But the Music Industry Says It’s Not Enough
  33. Owner Steve Ballmer shares his vision for an online streaming service run by the Clippers
  34. Twitter Live-Stream Of Two Original NBA Shows Is Huge For Basketball Fans
  35. Twitter Signs NBA Deal to Stream New Shows: Partnership won’t include digital rights to stream actual games
  36. Nick Denton Says Giving Up on Reader Comments Is a Big Mistake
  37. Unionizing the Digital Newsroom
  38. A European perspective on robot law: Interview with Mady Delvaux-Stehres
  39. Virtual Reality Gave Me My Brain Back
  40. Why Google DeepMind wants your medical records
  41. Here’s Why Google Is Open-Sourcing Some Of Its Most Important Technology
  42. Windows 10 to miss its target of being on 1 billion devices by 2018
  43. Newt Gingrich: Merely Visiting An ISIS Or Al Qaeda Website Should Be A Felony
  44. Major Tech Leaders Pen Brutal Condemnation Of Donald Trump – “We have listened to Donald Trump over the past year and we have concluded: Trump would be a disaster for innovation.”
  45. How the internet was invented: In 40 years, the internet has morphed from a military communication network into a vast global cyberspace. And it all started in a California beer garden 

CREATIVITY

  1. Melania Trump’s RNC Speech: Plagiarism, Copyright Infringement, or Both?
  2. Was Melania Trump’s Plagiarism Also Copyright Infringement?
  3. Queen want Donald Trump to stop using their music. But the law might be on Trump’s side.
  4. Ted Cruz Campaign Infringed On Copyright, But Will Probably Be Treated With Kid Gloves Just Because
  5. Why Is The UK’s Intellectual Property Office Praising National Portrait Gallery’s Copyfraud Claims Over Public Domain Images?
  6. Just As Open Competitor To Elsevier’s SSRN Launches, SSRN Accused Of Copyright Crackdown
  7. Treaty For The Blind Comes Into Force… But US Refuses To Ratify Because Publishers Association Hates Any User Rights
  8. More Copyright Law ≠ Less Copyright Infringement (EFF)
  9. Copyright small claims: an update on legislation
  10. Boilerplate: the Good, the Bad and the Ugly
  11. A Day In The Life of Fair Use: A Different Kind of Superhero at Comic-Con
  12. Digital domination? YouTube, Vimeo Crackle and more receive Emmy nods
  13. B.C. ruling means journalist must hand over notes
  14. How the CIA Hoodwinked Hollywood: Since its inception, the agency has wooed filmmakers, producers, and actors in order to present a rosy portrait of its operations to the American public.
  15. British teachers caught up in Turkey crackdown as Erdogan bans academics from leaving country and orders those overseas to return
  16. Trans-Pacific Partnership Would Harm User Rights and the Commons
  17. Here are 6 reasons why newspapers have dropped their paywalls: Sometimes it’s a response to a public emergency; sometimes it’s just to build audience.
  18. A Fan’s Case For Putting Batman & Superman In The Public Domain
  19. Featuring Someone’s Property in a Commercial Advertisement 
  20. Canadian copyright laws have been amended to make works more accessible to people with print disabilities
  21. American Medical Association Claims False Copyright Over President Obama’s Journal Article
  22. Julia Child Foundation Sues Airbnb for Using Her Name
  23. The Pleads Of The Many: 50 Years of Star Trek Lawsuits
  24. You As A Brand: A Legal History
  25. What can a crime drama teach us about justice?
  26. The new science of cute: Kumamon, a cartoon bear created to promote tourism in an overlooked part of Japan, has become a billion-dollar phenomenon. Now, a new academic field is trying to pinpoint what makes things cute – and why we can’t resist them
  27. An Art Historical Perspective on the Baton Rouge Protest Photo that Went Viral
  28. New Measures Initiated to Remedy the Surprising Pitfalls of Collecting Video Art
  29. Goold on Copyright Infringement as a Group of Torts
  30. Ginsburg on the Right to Be Recognized as Author of One’s Work
  31. Copyright infringement claim is dismissed after the Court finds the applicant is not the author and owner of the works

COMMUNICATIONS & BROADCASTING

  1. Sources: Megyn Kelly Told Murdoch Investigators That Roger Ailes Sexually Harassed Her
  2. Roger Ailes Petitions to Compel Arbitration of Gretchen Carlson’s Sex Discrimination Claims 
  3. Murdoch Brothers’ Challenge: What Happens Next at Fox News?
  4. Cable Industry’s False Copyright Claims Are Killing Cable Box Reform Efforts
  5. Set Top TV Boxes in the Eye of the Storm Over Copyright Claims
  6. FCC Chairman Announces No Changes in Good Faith Negotiation Standards for Retransmission Consent Agreements Between TV and MVPDs 
  7. Cable blackouts of “free” TV channels won’t be stopped by FCC: FCC won’t expand oversight of contract disputes that cause TV blackouts.
  8. BT’s poor customer record, failure to invest in fibre attacked by MPs
  9. Tim Berners-Lee slams “manipulative tactics” of telcos on net neutrality
  10. Mobile carriers aren’t doing enough to fight robocalls, senators say
  11. FCC will let jails charge inmates more for phone calls: Court rejected rate caps of 11¢ to 22¢ per minute.
  12. $700,000 to Be Paid By Media General to End Inquiry on its Attempts to Enforce a JSA – What are the Limits on the Enforceability of a Contractual Restriction on an FCC Licensee’s Sale of its Station? 

SURVEILLANCE & PRIVACY

  1. Our search warrant case: An important decision for people everywhere
  2. Microsoft win is a victory for privacy rights: A US court has ruled that Microsoft does not have to hand over data from an email account to the US authorities because the data is held on a server in Ireland.
  3. Second Circuit Holds That U.S. Cannot Compel By Warrant Microsoft’s Production of Emails Stored Outside of U.S., Citing The Stored Communications Act’s Privacy Protections and Lack of Extraterritorial Effect 
  4. Microsoft wins: Court rules feds can’t use SCA to nab overseas data – Outlook.com e-mail on Irish servers not covered by Stored Communications Act.
  5. In the Matter of Microsoft: Why It Matters
  6. The Microsoft Ireland Case and the Future of Digital Privacy (Jennifer Granick)
  7. DOJ Pushes Out Legislation Proposal To Undercut Microsoft Case Decision About Overseas Searches
  8. For The First Time, A Federal Judge Has Suppressed Evidence Obtained With A Stingray Device
  9. For The Third Time, Whatsapp Blocked (And Then Unblocked) By Brazilian Judges For Failing To Decrypt
  10. EU-U.S. Privacy Shield: Should You Sign Up?
  11. Five Ways that Privacy Shield is Different from Safe Harbor and Five Simple Steps Companies Can Take to Prepare for Certification
  12. A Québec Perspective on the “Right to be Forgotten” and the Removal of Personal Information Online
  13. Federal Court of Appeal Comments on New Tort of “Publicity Given To Private Life”, Overturns Certification Order
  14. Kim Kardashian v Taylor Swift: privacy on Snapchat and the legal gray areas
  15. Kim Broke The Internet. Did Kanye Break The Law? An Expert On Taylor Swift’s Case To Sue
  16. Former STL Cardinals Scouting Director Gets Jail Time For Illegally Accessing Astros Scouting Database
  17. The email, data and privacy implications of Microsoft’s acquisition of LinkedIn

jon

News of the Week; July 13, 2016

GAMES

  1. The history of video games in court
  2. Checking In: Blizzard Still Suing Hack/Cheat Makers For Copyright Infringement? Yup!
  3. Pokemon GO’s launch was an unqualified success – almost
  4. Nintendo shares up as Pokemon Go heads toward global launch
  5. Location, location, location: Pokémon GO’s unique strength and biggest problem: Niantic eyes sponsored locations just as the complaints from real-world businesses start to roll in
  6. Cops warn Pokémon Go players: Please don’t trespass to catch ‘em all – “Please use caution as I do not believe the game was intended to be used while driving.”
  7. Some public places want more Pokémon Go—but the Holocaust Museum does not: Follows anecdotal police, medical reports of people using the app to their detriment.
  8. Armed Robbers Use Pokémon Go To Find 9 Victims
  9. Armed muggers use Pokémon Go to find victims: Police warn that muggers can “add a beacon to a Pokéstop to lure more players.”
  10. Gamer finds dead body while testingPokémon Go’s GPS features: App requiring users to walk to physical locations leads to disturbing discovery.
  11. ‘Pokémon Go’ Is Grabbing ‘Full Access’ to Some Players’ Google Accounts
  12. You can cheat and play Pokémon Go on PC: Android emulators and GPS spoofing work, but expect to be banned for your efforts.
  13. How Pokémon Go is creating a barrier for gamers with disabilities
  14. How TV and Streaming Networks Hope to Benefit From the Pokemon Go Frenzy: Hulu sees 10% daily jump in Pokemon viewing
  15. Pokémon Go, explained: Everyone is suddenly catching Pokémon fever again. Here’s what’s going on.
  16. Tracing Pokémon Go’s roots back to the ’90s MMORPG Meridian 59
  17. Catch them all – Pokemon Go and the law
  18. Pokemon Go Hysteria Again Highlights How Media Is Happy To Be Gullible And Wrong — If It Means More Ad Eyeballs
  19. Pokémon Go is so yesterday as cell phone gambling hits the Vegas strip: Gamblers compete against other MGM resort gamers in bingo, slots, and video poker.
  20. Warner Brothers fined for paying YouTube celebs to promote game
  21. Warner Bros. settles FTC influencer charges: Charges involved Shadow of Mordor, PewDiePie and cash
  22. Warner Brothers gets fined by FTC, PewDiePie skates free
  23. Disclosing paid content legally – a practical guide for developers and influencers
  24. The Counter-Strike Gambling Scandal, Explained
  25. YouTubers Behind Counter-Strike Gambling Scandal Get Sued
  26. YouTuber Trevor ‘TmarTn’ Martin has issued an “apology” over the CSGO Lotto scandal. 
  27. Mom takes on Valve, third-party “trading” sites, alleges “illegal scheme”: Suits call in-game skin system “an element of gambling and market economies.”
  28. YouTube corruption sinks even deeper into the gutter: Promoting illegal gambling could finally see governments on YouTube’s doorstep – and perhaps on Valve’s
  29. Valve can’t pass buck to third parties for teaching CS:GO kids to gamble – Opinion – Valve’s own Dota 2 and CS:GO much worse than third-party gambling sites.
  30. CS:GO gambling site accused of offering to rig bets for YouTubers
  31. Valve says it’s going after gambling sites that use Steam: Counter-Strike GO gambling sites asked to cease operations
  32. Valve demands that gambling sites cease operations through Steam: “We have no business relationships with any of these sites. We have never received any revenue from them,” says Valve’s Erik Johnson
  33. Blizzard casts silence on abusive World of Warcraft players
  34. G2A will allow developers to apply for royalties, adds seller verification: Controversial key reseller finally addresses major concern highlighted by Tinybuild’s Alex Nichiporchik
  35. China Forbids The Use Of English Words In Mobile Games
  36. Establishing Esports Oversight: The Groups, Issues, And Potential Challenges
  37. Wii U was expected to sell 100 million units: Nintendo talks about the failed console, and it now expects any new games to sell 2m units worldwide
  38. Microsoft quietly trims the scope of its ‘Play Anywhere’ Xbox initiative
  39. In an effort to find more players, Evolve is now free: Hope you didn’t buy the game last week or anything…
  40. Twitch’s research shows that livestreaming leads to better game sales
  41. Hollywood wants to make a TV show based on EA’s Battlefieldgames
  42. Jocks Without Borders: The majorly male spectators of e-sports are in league with a fantasy of globalized manhood
  43. Splash Damage sold to Chinese poultry firm: Leyou will acquire the developer from Paul Wedgwood, along with Fireteam and Warchest
  44. Record $18.6 billion games M&A to Q2 2016
  45. In the battle for gaming business, Vancouver is about to ‘git gud’: Quebec may lead in number of firms, but BC is closing in like a juggernaut  
  46. LucasArts’ long lost, 30-year-old MMO is now preserved on Github: Habitat restoration required recovering a 300-pound, circa-1989 server.
  47. Block Stop: The theatre company taking live-action video games to the stage – A London company is using live-streamed content to enhance interactivity.
  48. Kojima: Games’ ability to convey emotions will soon surpass that of real people

DIGITAL

  1. 9th Circuit: It’s a federal crime to visit a website after being told not to visit it (Orin Kerr)
  2. TOS agreements require giving up first born—and users gladly consent: Study says participants also agreed to allow data sharing with NSA and employers.
  3. Employees Bound By Clickthrough Agreements–ADP v. Lynch (Eric Goldman)
  4. YouTube to the music industry: here’s the money: Google’s new report on piracy makes the case YouTube is a boon to the music industry
  5. Google responds to music biz critics, points to $2B it has paid out
  6. Google Issues Its Latest ‘Stop Blaming Us For Piracy’ Report
  7. Apple’s Plan to Own the Entire Music Industry
  8. Sony Pictures Legal Affairs VP Files Bogus DMCA Notice Because His Salary Is Listed On Wikileaks
  9. Minneapolis PD Issues Questionable DMCA Notice To Bury Its Controversial Recruitment Video
  10. Relatives of Palestinian attack victims sue Facebook for $1 billion in U.S.
  11. Families: Hamas on Facebook, so firm must pay $1B after terror deaths – Facebook will likely argue for protection under Section 230 of CDA.
  12. Section 230 Protects YouTube’s Removal of User’s Videos–Lancaster v. Alphabet (Eric Goldman)
  13. How technology disrupted the truth: Social media has swallowed the news – threatening the funding of public-interest reporting and ushering in an era when everyone has their own facts. But the consequences go far beyond journalism
  14. Mom alerted to adult content on her teenage son’s Snapchat, so she sues: Snapchat spokesman: “We are sorry if people were offended.”
  15. Lawsuit Filed Against Snapchat Over Inappropriate Content Served To Minors Through Discover
  16. Live Footage of Shootings Forces Facebook to Confront New Role
  17. Facebook video shows black man killed by Minnesota police during traffic stop
  18. Philando Castile’s girlfriend says she filmed his shooting ‘so that the people could see’
  19. Baton Rouge Police Took Alton Sterling Surveillance Video Without a Warrant or Permission: The store’s owner said minutes after the deadly shooting, officers took a hard drive against his wishes and there’s no record they even asked a judge to do it.
  20. Witness videos and the conversation about race and policing
  21. The Gatekeepers Aren’t Gone: Viral content seems democratic. But it’s still mostly controlled by big media companies.
  22. The bias in our software: We’ve been sold the idea that social networks are neutral. They’re not.
  23. Activists Cheer On EU’s ‘Right To An Explanation’ For Algorithmic Decisions, But How Will It Work When There’s Nothing To Explain?
  24. How Uber secretly investigated its legal foes — and got caught: Faced with a class action suit, the company hired a CIA-linked intelligence firm to look into the plaintiffs and their lawyer, but a judge says they may have gone too far
  25. Twitter Prepares For NFL Live Stream With Wimbledon Coverage
  26. Twitter is talking to the NBA, MLS and Turner to buy rights to more sports streams: Twitter is looking to ink more NFL-style streaming deals.
  27. Smartphone=not-so-smart parenting?: Psychologists and other child development experts are exploring how parents’ use of technology affects kids and the best ways to help families reconnect in the Digital Age.
  28. Back to bricks and mortar: how e-commerce has embraced the real world – Many digitally born businesses are taking the plunge into physical retail as they tap into the rise of the experience economy
  29. TP-Link forgets to register domain name, leaves config pages open to hijack: The domain name’s new owners want $2.5 million to give it back.
  30. Virtual and augmented reality need a PG-13 moment
  31. Ashley Madison admits using fembots to lure men into spending money: The hookup site for cheaters admits its mistakes and tries to rebrand.
  32. Tesla’s Autopilot Driving Mode Is a Legal Nightmare
  33. Contracting for the Internet of Things’: Looking into the Nest (Guido Noto La Diega & Ian Walden)
  34. The Biggest Lie On The Internet: Ignoring The Privacy Policies And Terms Of Service Policies Of Social Networking Services (Jonathan Obar & Anne Oeldorf-Hirsch)

CREATIVITY

  1. Why a Canadian Composer’s Controversial 80s Work is Still Ahead of Today’s Copyright Laws
  2. The Tragic Downfall of British Media: How did the country that produced the BBC and the Economist fail so spectacularly at journalism in the lead up to     Brexit?
  3. A Fight to Make ‘We Shall Overcome’ and ‘This Land Is Your Land’ Copyright Free
  4. Two More Songs Could Follow ‘Happy Birthday’ Into the Public Domain
  5. Ted Cruz’s Presidential Campaign Apparently Committed Copyright Infringement. Oops. (Eric Goldman)
  6. Campaign IP Violations Part 3 – Huckabee’s Campaign Pays Up 
  7. Led Zep lawyers want $800k for defending “Stairway to Heaven” lawsuit: Lead attorney is billing at $330 an hour, says it’s “below” going rate.
  8. Long Island couple sues neighbors for trying to build their copyrighted mansion 
  9. Fox News fair use claim for Facebook post of 9-11 image remains unresolved
  10. B.B. King estate, Universal sued over blues legend’s photos
  11. How this millennial entrepreneur makes dance moves go viral
  12. Inequality in 700 Popular Films: Examining Portrayals of Gender, Race, & LGBT Status from 2007 to 2014

COMMUNICATIONS & BROADCASTING

  1. Anchor Gretchen Carlson files lawsuit alleging “pervasive” sexual harassment at Fox News: Fox News host Gretchen Carlson has filed a shocking sexual harassment lawsuit against Fox News chairman and CEO Roger Ailes, claiming that Ailes retaliated against her and ultimately fired her for refusing his sexual advances — and for complaining about repeated sexual harassment from her former Fox & Friends co-host Steve Doocy.
  2. Watch Gretchen Carlson’s “Fox & Friends” Colleagues Routinely Make Sexist Comments at Her
  3. Gretchen Carlson files sexual harassment suit against Fox’s Ailes
  4. The most shocking details from Gretchen Carlson’s lawsuit against FOX News CEO Roger Ailes
  5. Roger Ailes opts for secrecy, cowardice in face of Gretchen Carlson suit
  6. Gretchen Carlson’s Sexual-Harassment Lawsuit May Allow Murdoch Sons to Finally Oust Roger Ailes From Fox News
  7. How Rupert Murdoch’s media empire covered the Roger Ailes sex harassment suit
  8. ‘Daily Show’s’ Trevor Noah Defends Gretchen Carlson from Rampant Fox News Sexism
  9. Gretchen Carlson gets real
  10. CRTC faces allegations of racism at highest ranks: court documents
  11. D.C. Circuit Affirms FCC’s Net Neutrality Order
  12. Univision Sues Charter Communications Over Fee Payments: Media company accuses cable operator of using recent merger to try to pay lower rates
  13. Verizon ‘Competes’ With T-Mobile By Raising Prices, Then Denying It’s A Price Hike
  14. Big telcos promise awesome 5G—in exchange for weak net neutrality: BT, Vodafone, and chums all flex muscles, press for lighter regulation.
  15. European Telcos Threaten To Withhold Next Gen Wireless Upgrades If Net Neutrality Rules Passed
  16. Comcast Continues To Claim It’s ‘Not Feasible’ To Offer Its Programming To Third-Party Cable Boxes
  17. Here comes 5G: On July 14, the FCC will initiate a formal rule-making that will make the U.S. the first country in the world to open high-band spectrum for 5G networks and technologies.

SURVEILLANCE & PRIVACY

  1. Privacy Shield approved by EU member states, but 4 nations abstain: Safe Harbour replacement deal expected to be signed with the US next week.
  2. EU-US Privacy Shield – What’s new in comparison with Safe Harbor?
  3. Future of Privacy Forum Statement Regarding Finalization of the US-EU Privacy Shield Agreement
  4. iOS version of Pokémon Go is a possible privacy trainwreck – No user data has been accessed, and Google and Niantic are working on fixes.
  5. Pokémon GO, augmented reality, and privacy
  6. Niantic acknowledges Pokémon Go security fears, says fix is imminent
  7. Sen. Franken asks Pokémon Go creator: Why all the privacy problems?: What’s being shared and with whom? And why not an “opt-in” system?
  8. Appeals Court Says Government Email Stored On Private Servers Is Still Subject To FOIA Requests
  9. Appeals Court Says That Sharing Passwords Can Violate Criminal Anti-Hacking Laws
  10. Three years after taking off Guy Fawkes mask, Kentucky Anon indicted
  11. ‘KYAnonymous,’ who drew attention to Ohio rape case, indicted by federal grand jury
  12. UK Tor operator hit with bizarre EU arrest warrant from Polish prosecutor: Authorities want to track down anonymous user who “insulted” a small-town mayor.
  13. Fifteen secret warrants in force granting bulk data collection in UK: Watchdog reveals for first time number of orders imposed on telephone and internet firms under Telecommunications Act
  14. UK’s secret, ongoing mass surveillance rigorously frisked by watchdog: Warrants so hush-hush, affected telcos weren’t allowed to keep copies.
  15. Reports Shows UK Police Improperly Accessed Data On Citizens Thousands Of TimesIn Russia and China, Big Brother is watching you online
  16. FDIC was hacked by China, and CIO covered it up
  17. Putin Says All Encryption Must Be Backdoored In Two Weeks
  18. Major VPN firm pulls out of Russia, blames country’s new spy law: Abrupt exit comes in wake of controversial Russian online snooping legislation.
  19. The Difficulty of Routing around Internet Surveillance States (Bruce Schneier)
  20. 10 million Android phones infected by all-powerful auto-rooting apps: First detected in November, Shedun/HummingBad infections are surging.
  21. Firms must directly notify people affected by data breaches: watchdog
  22. Do you have privacy rights on social media? 
  23. Spoliation or Privacy “Right to be Forgotten”? – Google’s new service “My Activity” allows you to delete your history!

jon

News of the Week; June 29, 2016

GAMES

  1. Sony Settlement Gives PS3 Owners $9 After Company Made Console Less Useful Via Firmware Update
  2. Optimistic about VR and games, Sony raises its earnings forecast
  3. Counter-Strike Player Sues Valve Over ‘Illegal’ Weapon Skin Gambling
  4. Lawsuit Against Valve Over Skin Gambling Could Face Significant Hurdles
  5. EA Sports won’t be beaten at its own game – Escaping potential liability through successful § 101 motion to dismiss
  6. EA punts, gives $600k to former football star in Madden NFL rights flap: But EA is fighting a similar suit that could represent thousands of NFL players.
  7. EA pays $600k to settle legal fight with former NFL star Jim Brown
  8. Tinybuild: G2A “facilitates a black market economy” – SpeedRunners dev claims $450,000 of its games were sold through unofficial marketplace, “thousands” of which were fraudulent
  9. Game key reseller G2A offers to pay devs royalties from third-party sales
  10. G2A now allowing developers to apply for royalties: “This initiative invites developers to become accomplices,” says Alex Nichiporchik
  11. G2A, Piracy, and the Four Currencies
  12. Developer claims Valve removed its game from Steam at Activision’s behest
  13. Game devs weigh in on the ‘Brexit’ decision
  14. Ukie issues statement on Brexit: “Ukie is committed to ensuring the UK is the best place in the world to make and sell games”
  15. TIGA calls for government to reassure UK games industry: Post-Brexit Britain will be a harder place to do business, warns body
  16. Brexit: UK game developers share their concerns – “The negative revolves around skilled talent not wanting or being able to stay, or come to UK.”
  17. HQ Vancouver: Why global gaming giants set up shop in Vancouver
  18. PlayStation Plus hits 20.8 million subscribers
  19. Moore: “We want to make stars of all our players” – EA’s Chief Competition Officer lays out company plans for eSports
  20. How the law matters in eSports’ Wild West
  21. Will E-Sports Ever Work on TV?: With eLeague, TBS is going to find out.
  22. Overwatch tops League as the most-played game in South Korean ‘net cafes
  23. Report: China is now the global leader in video game revenues
  24. Xbox Fitness Users Shelled Out Big Bucks For Workout Programs They’ll Soon Be Totally Unable To Use
  25. Xbox Fitness users will soon lose access to workout videos they bought: Microsoft’s “sunset” plan will cut users off from content they paid for.
  26. Nintendo is closing servers for Devil’s Third
  27. Our social network is in another castle: The new face of Nintendo – Response to social-media outrage is latest sign of a very different “gaming” company.
  28. Action Henk devs would rather you torrented their games than buy from resellers
  29. New South Park Game Lets You Play as a Girl, Game Reacts to You Differently
  30. Hands-on with the emulator that adds depth to old 2D NES games: Standalone 3DNES emulator is a promising starting effort with some rough edges.
  31. Firaxis partners with GlassLab for educational version of Civilization V
  32. Truth and Protection: Where is the Line When Teaching Kids about the Video Game Community
  33. Smithsonian to document evolution of game industry with Video Game Pioneers Archive
  34. Xbox Scorpio, PlayStation Neo an “incredibly positive evolution”: Electronic Arts, Ubisoft and Take-Two discuss why Microsoft and Sony launching new consoles more quickly is a big win
  35. Microsoft Discontinues Xbox Fitness Programs To The Dismay Of Users
  36. The Minecraft Movie Has A Release Date!

DIGITAL

  1. NRA Complaint Takes Down 38,000 Websites
  2. Digitising public domain images creates a new copyright, rules German court: Wikimedia Foundation says that it intends to appeal against the decision.
  3. Terrible Ruling In Germany: Digitizing The Public Domain Creates New Copyright
  4. Leave to Appeal to SCC: Rogers v SOCAN (2016 FCA 28) re Ringtones and Ringbacks
  5. Woman Sues Microsoft Over Unwanted Windows 10 Upgrade, Wins $10,000
  6. Researchers Sue the Government Over Computer Hacking Law
  7. First Look Media Works, Inc., Plaintiffs, -v.- Loretta Lynch, in her official capacity as Attorney General of the United States, In The United States District Court For The District Of Columbia
  8. Judge Calls Out Malibu Media For Its Attempt To Cut And Run When Faced With Challenge To Its Infringement Claims
  9. Malibu Media Sues Its Former Lawyer Over Missing Funds, Breach Of Bar Rules
  10. Porn studio that sued thousands for piracy now fighting its own lawyer
  11. Two Judges Punch Holes In Copyright Trolls’ Claims That An IP Address Is The Same Thing As A Person
  12. Web Host Defeats Copyright Liability Despite Mishandled Takedown Notice–Hydrenta v. Luchian (Eric Goldman)
  13. LOL! OMG. HUH? Court Finds That Text Message Can Form Binding Contract 
  14. Could This Silicon Valley Algorithm Pick Which Homeless People Get Housing?: A new approach seeks to find the most desperate people on the streets—with data.
  15. Your Favorite Website Might Be Discriminating Against You
  16. Testing whether the web is discriminating against you shouldn’t be a crime
  17. EU regulations on algorithmic decision-making and a “right to explanation” (Bryce Goodman & Seth Flaxman)
  18. On second thought, Facebook doesn’t care so much about news publishers: Says news feed has “far too much information,” will downgrade content from “pages.”
  19. Twitter Deletes SCOTUSblog Twitter Account Briefly Thinking Its Running Of The Trolls Meant It Was Hacked
  20. How Brexit affects the global technology industry
  21. Many UK voters didn’t understand Brexit, Google searches suggest: “What happens if we leave the EU?” and “What is Brexit?” were top search terms.
  22. Lindsay Lohan gifted us with epic Brexit tweets, and then deleted them mysteriously
  23. The replies to this idiotic Donald Trump Brexit tweet are beautiful
  24. Donald Trump Is Not a Troll: Calling him a troll trivializes his repulsive comments.
  25. Mapping online hate speech: You might think from anecdotal evidence that hate speech on social media by individuals and groups appears quite a lot, but one of first academic studies to examine the empirical data concludes that these extreme forms of speech on Facebook are marginal as compared with total content.
  26. Exclusive: Google, Facebook quietly move toward automatic blocking of extremist videos
  27. This Algorithm Could Wipe Out ISIS Propaganda Online: The creators of a new software technology claim it can expunge extremist content from social media. But will a wary Silicon Valley warm to it
  28. Rather Than Launch A Massive DDoS Attack, This Time China Just Asks GitHub To Take Down Page It Doesn’t Like
  29. County Attorney’s Deletion of Constituent’s Facebook Comment May Violate First Amendment
  30. Google secretly deletes inactive YouTube accounts
  31. Google is Adding a VR Shell to Chrome to Let You Browse the Entire Web in VR
  32. Microsoft Says It’s in Love With Linux. Now It’s Finally Proving It
  33. The Sacramento Kings’ New Stadium Is Wired for Virtual Reality: The wireless Internet at the NBA team’s new arena is designed to let fans watch virtual reality replays from any seat in the house.
  34. Apple Wins Patent For Technology To Disable iPhone Camera And Bar Photography
  35. FTC Is Cracking Down On Failure To Disclose Influencers’ Connections
  36. How Sony, Microsoft, and Other Gadget Makers Violate Federal Warranty Law
  37. Tax Treatment of Bitcoin Has Many Open Questions 
  38. Lessons From The Downfall Of A $150M Crowdfunded Experiment In Decentralized Governance
  39. Do you trust the government to set morals for AI (Artificial Intelligence) to drive cars? 
  40. Artificial Intelligence Has a ‘Sea of Dudes’ Problem: AI software depends on data sets, and data sets have to be created by computer scientists. What happens when most of those researchers are men?
  41. Ad firm: It doesn’t matter that migrant app doesn’t work, it’s the idea that counts – “I Sea” claimed its users could help migrants via “real-time” satellite imagery.
  42. Reverse Engineering The YouTube Algorithm
  43. Oculus Reverses DRM Course After Public Backlash
  44. Exclusivity can be a driving force for VR, says Oculus founder
  45. New VR venture capital supergroup gathers $10B to invest in VR dev
  46. You can now livestream right from the YouTube app: Press capture, pick a thumbnail, and you’ll be live streaming to the world.
  47. Take it from a viral media star: Stop signing away your ideas
  48. Following a period of turmoil, Wikimedia Foundation appoints new director: Tension over a “Knowledge Engine” led to previous director’s resignation.
  49. Op-Ed:  Why notice-and-takedown is a bit of copyright law worth saving (Chris Springman & Mark Lemley)
  50. Computer-Generated Works Outside The Box (James Grimmelmann)
  51. How Google Is Remaking Itself As a “Machine Learning First” Company: If you want to build artificial intelligence into every product, you better retrain your army of coders. Check.
  52. Chatbot lawyer overturns 160,000 parking tickets in London and New York: Free service DoNotPay helps appeal over $4m in parking fines in just 21 months, but is just the tip of the legal AI iceberg for its 19-year-old creator
  53. The New Yorker, BuzzFeed, and the push for digital credibility
  54. Inside ‘The Next Rembrandt’: How JWT Got a Computer to Paint Like the Old Master – The project leaders explain their brilliant, troubling masterpiece 
  55. The Laws of Mixed Reality: A vision of the future, without the rose-colored glasses
  56. The Partnership of the Future: Microsoft’s CEO explores how humans and A.I. can work together to solve society’s greatest challenges.
  57. Instagram and the Fantasy of Mastery: A “look” is a kind of instant style – quickly executed and dispatched, immediately understood and overcharged with incident. It is time for a new view.
  58. The Fintech Bubble (Joi Ito)
  59. AI bests Air Force combat tactics experts in simulated dogfights
  60. Alchemy Can’t Save Moore’s Law
  61. My friend, the bot: How our friendships change over time — and technology
  62. Man Marries His Smartphone
  63. From file-sharing to prison: A Megaupload programmer tells his story

CREATIVITY

  1. Led Zeppelin didn’t steal music for ‘Stairway to Heaven,’ jury finds
  2. ‘Stairway’ Verdict May Rein in Lawsuits Claiming Song Ripoffs
  3. VMG Salsoul, LLC v. Madonna Louise Ciccone, et al.: Why a Bright Line Infringement Rule for Sound Recordings is no Longer in Vogue
  4. This Song Belongs To You And Me: Lawsuit Filed To Declare Woodie Guthrie’s Classic In The Public Domain
  5. Copyright does not monopolize facts – documentary filmmakers’ claim against book author and publisher fails
  6. Historical Facts and Copyright: the Maltz v. Witterick Case
  7. Fictional Claims: Why Kids Are Not Suffering With Canada’s Copyright Fair Dealing Rules (Michael Geist)
  8. Copyright Small Claims Court: Not Just a Dream
  9. Apple’s Patent Could Finally Put a Stop to iPhone Concert Photography
  10. MPAA Boss: Actually Being Good To Consumers Would Be Horrible For Hollywood
  11. The Official Star Trek Fan Film Guidelines Are Here and They Are Onerous
  12. As CBS/Paramount Continue Lawsuit Over Fan Film, It Releases Ridiculous & Impossible ‘Fan Film Guidelines’
  13. Unswayed by Axanar, CBS and Paramount offer 10 rules for fan film makers: New rules forbid unofficial merchandise, alcohol use, long episodes.
  14. Airbnb Faces Suit for Using Julia Child’s Name in a Contest 
  15. Boiler Plate Inked: Copyright Actions Brought by Tattooists Threaten Athlete Endorser Publicity Rights
  16. Kirtsaeng v. Wiley And The Purpose Of Copyright
  17. Censorship In The Guise Of Authorship: Harmonizing Copyright And The First Amendment (Hon. M. Margaret Mckeown)
  18. Trump Promises to Restore Washington Redskins’ Trademark on Day One of Presidency
  19. 5 Questions for Simon Tam, Founder of The Slants: Tam wants the Supreme Court to join his band’s case to the Redskins’ case. Curiously, he still thinks the Redskins’ name is racist.
  20. Brexit and IP: A Primer
  21. On the Charter, Freedom of Expression, and Scientific Research (Stephen Armstrong)
  22. Reading List: The Copyright Wars (Rebecca Tushnet)
  23. Hillary Clinton’s Intellectual Property Platform: Too Vague & Confusing
  24. New York Times reports plagiarism in Trump textbooks
  25. CafePress Takes Down T-Shirt Calling Donald Trump A Cheeto-Faced S—gibbon, Saying It Violates Frito-Lay’s Trademark
  26. Huckabee’s anti-gay-marriage rally leads to copyright suit, $25,000 payment: Huckabee’s still paying for a copyright snafu from his campaign’s early days.
  27. Russian Culture Minister Claims Netflix A U.S. Mind Control Effort
  28. Portrait of an artist dying intestate: How a Toronto gallery owner is negotiating the delicate matter of who owns Vivian Maier’s iconic art
  29. #OscarsLessWhite: the Academy just invited nearly 700 new members to improve diversity — but there’s still a long way to go
  30. How the Gawker Media Bankruptcy Will Work
  31. Good News at the Washington Post: Inside the paper Jeff Bezos bought –&– Donald Trump banned.
  32. No Light Between Diversity and Free Expression (John Palfrey)
  33. Privilege for patent and trademark agents now in force in Canada

COMMUNICATIONS & BROADCASTING

  1. CRTC commissioner departs after more than a year of legal battles
  2. Let’s Talk TV: CRTC Revises Policy Framework for Local and Community Television
  3. Six companies pay $1.23 million for making telemarketing calls to Canadians
  4. Bell Canada loses second attempt to limit competitor access to its fibre networks
  5. FCC Chairman Releases Summary of Media Ownership Reform Proposals – Little Change in Existing Ownership Rules, Reinstatement of JSA Ban 
  6. Dear Landlord: Don’t Rip Me Off When it Comes To Internet Access: When building owners get kickbacks from big providers it’s the tenants who lose (Susan Crawford)
  7. Comcast took $1,775 from man, only gave it back after he contacted media: Comcast wrongly debited early termination fee, provided no refund for 18 months.
  8. How Comcast and Charter are trying to fix their awful customer service: Two biggest cable companies pledge improvements at Senate hearing.
  9. Cable company overcharges might be even worse than you realized: Senate report compares billing and service records, finds massive overcharges.
  10. Senate Hearing Shows Cable Companies Routinely Overbill Customers, Do Little To Correct Errors
  11. European supreme court adds to Telefónica’s woes after Brexit slump: Court upholds antitrust decision as O2 owner struggles post UK referendum.
  12. Why ISPs’ fight against net neutrality probably won’t reach Supreme Court: There are no major questions for the Supreme Court to decide, some experts say.
  13. New FCC Online Public Inspection File Goes Live Today – Top 50 Market Radio Stations To Start Transition

SURVEILLANCE & PRIVACY

  1. How a file-sharing lawsuit against Rogers threatens your Internet privacy: Geist – Voltage Pictures asked the court to order Rogers to disclose the identity of one of its subscribers in a reverse class-action lawsuit.
  2. Canadian File Sharing Lawsuit Could Upend Copyright Privacy Protections (Michael Geist)
  3. EU-US Privacy Shield sent to national reps for approval—by next week: European Commission sends updated text to Article 31 and demands answer by Monday
  4. Judge Says FBI Can Hack Computers Without A Warrant Because Computer Users Get Hacked All The Time
  5. Federal Court: The Fourth Amendment Does Not Protect Your Home Computer (EFF)
  6. Crook who left his phone at the scene has “no reasonable expectation of privacy”: Judge says it’s OK that a phone found at a burglary leads to kidnapping evidence.
  7. Post Gag Order, Lavabit Founder Reveals Non-Secret That Feds Were After Ed Snowden’s Emails
  8. Russia’s new spy law calls for metadata and content to be stored, plus crypto backdoors: Snowden calls it “an unworkable, unjustifiable violation of rights.”
  9. Russia’s Problem (According To Russian Politicians): Not Enough Mass Surveillance
  10. EU data flows to China is next fight on privacy warriors hit list: MEPs want answers from Brussels on protecting personal data of EU citizens.
  11. Brexit. Privacy. What You Need to Know.
  12. Private right of action under Canada’s Anti-Spam Law (CASL)
  13. FTC Reaches $950,000 Settlement Over Location Tracking 
  14. FTC Updates Consumer Guidance for Online Tracking 
  15. Facebook Using Physical Location to Suggest Friends (Bruce Schneier)
  16. Facebook says it did ‘a test’ last year using people’s locations to make friend suggestions
  17. Facebook is using your phone’s location to suggest new friends—which could be a privacy disaster
  18. The Freedom of Information Act—and the Hero Who Pioneered It: Celebrating the curious and deeply unpopular political career of John Moss, godfather of the FOIA.
  19. I, Snowbot: For A Man Accused Of Espionage And Effectively Exiled In Russia, Edward Snowden Is Also, Strangely, Free.
  20. This paparazzi-proof scarf is the closest thing to an invisibility cloak

jon

News of the Week; June 22, 2016

GAMES

  1. Sony settling PS3 Other OS suit: Six-year court battle over removal of Linux installation option to end with payouts of up to $55 per affected owner
  2. Sony agrees to pay millions to gamers to settle PS3 Linux debacle: As many as 10 million PS3 console owners will be eligible for payment.
  3. No Man’s Sky Settles With Sky TV So It Can Have ‘Sky’ In Its Name
  4. Hello Games settles “secret stupid” legal dispute with Sky: Telecomms company’s problem with the title of No Man’s Sky took three years to resolve
  5. Trademark dispute with Sky broadcasting sought name change for No Man’s Sky: Dispute ends after “three years of secret stupid legal nonsense.”
  6. Epic sues German modder for selling Paragon hack
  7. Mount & Blade 2 dev will release gameplay code to support modders
  8. Bethesda implements Steam-linking to protect modders from piracy
  9. Professors File Brief Supporting Review of O’Bannon and Fixing Right of Publicity Mess
  10. Star Citizen’s refunds process just got more complicated: A provision allowing refund requests after a release date is missed by 18 months has been removed from its terms of service
  11. Crowdfunded Game Console Is Made Out of Tape, Cardboard, and Fake Circuits
  12. Fable Fortune Kickstarter canceled after private investor steps up
  13. Fable Fortunes closes Kickstarter in favour of private funding: Undisclosed sources to bring ex-Lionhead’s card game to life
  14. Overwatch losing ‘Avoid this player’ feature after top players can’t find games
  15. VR not ready for the mainstream – Fils-Aime: Nintendo of America president says the company will adopt VR once it’s mass market approachable
  16. Nintendo Is in Trouble and E3 Didn’t Help
  17. Major Gaming Industry Players Jump into VR at E3 2016
  18. Oculus and Valve send mixed messages on VR exclusivity
  19. Newell weighs in on VR exclusives: Valve head says tying development funds to specific hardware is bad for customers and developers
  20. A Third of Valve is Now Working on VR and the Next Generation of Headsets
  21. Fantastic Contraption adds built-in mixed reality and Twitch chat functions
  22. PlayStation VR demos hit stores starting tomorrow: Sony rolling out hands-on kiosks at hundreds of North American locations this month
  23. Sony promises all Playstation Neo games will work on PS4
  24. Sony is the real winner of E3 2016, says Facebook data
  25. Sky Sports Will Air Dedicated eSports TV Channel
  26. Facebook hires former pro player Snoopeh in bid for eSports stars
  27. Heads up Twitch, Facebook just hired gamer Snoopeh for its e-sports division
  28. Peter Moore and EA’s eSports masterplan
  29. Skillz is the biggest e-sports company gamers have never heard of
  30. At Least One Type Of Esports Betting Could Be Happening In Atlantic City Casinos Today
  31. Virtual Weapons Are Turning Teen Gamers Into Serious Gamblers: The boom in pro video gaming is fueled by $2.3 billion in online bets.
  32. E3 highlights surge in female game designers: After a handful of women show the way, some schools see more women entering field than men
  33. Square Enix chief champions development of premium mobile games: “It’s important for [the mobile] market to have quality premium games as well. If those kinds of games were a viable option, it would draw more developers to give that market a second look.”
  34. Daybreak shuts down servers for Planetside 1, Legends of Norrath
  35. Analysts give Tencent-Supercell thumbs up: Newzoo calls $8.6 billion for 84% of Clash of Clans developer “a good deal”; Superdata says acquisition “comes at an opportune time”
  36. Tencent acquires Supercell: Online giant picks up SoftBank’s share of Clash of Clans developer in deal valuing studio at $10.2 billion; SoftBank president resigns
  37. Vivendi ups Ubisoft share ownership to 20%, but delays takeover
  38. E3 Live completely disappoints fans: “I expected more, at least to play some more…I was like c’mon man, I didn’t come here to buy stuff”
  39. Scorpio is a beast, but Microsoft needs to explain it better: The company needs to find a coherent party line about Scorpio, One S and Windows 10, and stick to it
  40. Jeff Minter: iOS games ended up costing us money: Space Giraffe creator shares App Store angst
  41. Defender dev Eugene Jarvis on the bright future of arcade games
  42. The role of Space Invaders as the archetypal action videogame, and why its theme of ‘One Versus Many’ is so successful
  43. Going Down the Rabbit Hole: Simulation Theory, AI, & the Battle for Reality
  44. Warcraft, Angry Birds movies cashing in: Critically dismissed flicks poised to become the highest grossing game adaptations of all time
  45. Vice to launch new video game site headed by Giant Bomb’s Austin Walker
  46. Catching up with the guy who stole Half-Life 2’s source code, 10 years later: From Death by Video Game: can you love a game so much you must take its sequel?
  47. How Brexit could impact the UK games industry: From developers to retailers, this is what leaving the European Union would mean for one of the UK’s most important creative industries

DIGITAL

  1. DMCA wins big in record label lawsuit against Vimeo: Case questioned if DMCA gave immunity to providers for their users’ infringement.
  2. Appeals Court Gives Big Loss To Record Labels In Their Quixotic Lawsuit Against Vimeo For Lipdubs
  3. Global ad expenditures to reach $537BN in 2016: Global advertising expenditure across all platforms will grow 4.1% in 2016, reaching $537 billion, according to a survey by ZenithOptimedia.
  4. Twitch takes legal action against bot creators
  5. Twitch pledges to stamp out viewbot services: First lawsuit filed against sellers of bots that artificially inflate viewers, followers and chat activity
  6. Twitch Tries to Exterminate Bot Infestation With Legal Action
  7. Disappointing: Twitch Brings CFAA & Trademark Claim Against Bot Operators
  8. It’ll be very hard for terrorism victim’s family to win lawsuit against Twitter – Victim’s father: Twitter, Google, and Facebook profit off of terrorist propaganda.
  9. Judge Doesn’t Find Much To Like In ‘Material Support For Terrorism’ Lawsuit Against Twitter
  10. Blockchain Company’s Smart Contracts Were Dumb
  11. Data May Be Key in Microsoft-LinkedIn Probe, EU’s Vestager Says
  12. Apple and Microsoft reportedly vetoed a rifle emoji
  13. Feminist hacker barbie is finally a real thing: Barbie introduces a ‘Game Developer’ doll, and she’s even cooler than you thought.
  14. Mark Zuckerberg Needs to Dump Peter Thiel From the Facebook Board of Directors. He Won’t.
  15. What does Facebook think about board member Peter Thiel secretly funding lawsuits against a publisher? No comment (for now).
  16. Why Mark Zuckerberg Should Remove Peter Thiel From Facebook’s Board: The Facebook CEO needs to prove he believes in freedom of expression.
  17. Facebook sticks by Gawker attack funder Peter Thiel
  18. Facebook Still Deleting Non-Offensive Posts For Being Offensive
  19. Eshoo: Protecting people from lawsuits for speaking out
  20. ‘A shakedown against Canadians’: Hollywood still telling internet pirates to pay up – Critics say it’s time for federal government to rewrite rules for piracy notices
  21. GOP cuts off US House cameras, so Democrats Periscope gun control sit-in: Rep. Scott Peters turns to social media to broadcast protest.
  22. As Republicans Turn Off House Live Feed, Reps & C-SPAN Turn To Periscope And Facebook Live Video To Cover Sit In
  23. MPAA Happily Gets Into Bed With Russian State Censor Agency… To Protect Copyright!
  24. Beijing Regulators Block Sales Of iPhones, Claiming The Design Is Too Close To Chinese Company’s Phone
  25. E-books fair game for public libraries, says advisor to top Europe court – AG opinion: Digital lending should be subject to same rules as library loans.
  26. This Comment Was Sponsored By …: The Federal Election Commission can’t figure out what to do about paid speech online.
  27. Mobile Advertising Network InMobi Settles FTC Charges It Tracked Hundreds of Millions of Consumers’ Locations Without Permission: Company Will Pay $950,000 For Tracking Children Without Parental Consent
  28. The Art of Disclosure: Fashion’s Influence Economy and the FTC: As the importance of native advertising continues to grow, are brands and digital influencers coming clean with consumers about the deals that power fashion’s influence economy?
  29. Twitter is getting roasted for a new app that caters to celebrities and their problems
  30. Steve Ballmer Wants The Clippers To Launch Their Own Streaming Service
  31. Netflix overtakes YouTube in US
  32. YouTubers band together to form Internet Creator’s Guild: “There are lots of organisations that among the interests they have is supporting creators, but no organisation with that sole interest”
  33. Magic Leap’s Next Move? Bringing C-3PO to Your House
  34. The First Big Company to Say It’s Serving the Legal Marijuana Trade? Microsoft.
  35. Apple wants to kill a bill that could make it easier for you to fix your iPhone
  36. The Forrest Gump of the Internet: Ev Williams became a billionaire by helping to create the free and open web. Now, he’s betting against it.
  37. New York legislature passes bill legalizing daily fantasy
  38. How Fans Tune In to Sports on YouTube
  39. Artificial intelligence: ‘We’re like children playing with a bomb’: Sentient machines are a greater threat to humanity than climate change, according to Oxford philosopher Nick Bostrom
  40. Computers will overtake us when they learn to love, says futurist Ray Kurzweil

CREATIVITY

  1. New York Times Settles Copyright Case Over Thumbnail War Photos
  2. Using generic art that may evoke plaintiff is fair: Sturgis Motorcycle Rally, Inc. v. Rushmore Photo & Gifts, Inc, 2016 WL 3282197 (Rebecca Tushnet)
  3. U.S. Supreme Court Rules in Kirtsaeng v. John Wiley & Sons, Inc.
  4. Supreme Court Revisits Copyright’s Attorney Fee Shifts–Kirtsaeng v. Wiley (Eric Goldman)
  5. The Supreme Court Instructs District Courts to Put Substantial Weight on the Reasonableness of a Losing Party’s Position in Determining Fees in Copyright Cases
  6. A Circuit Split at Last: Ninth Circuit Recognizes De Minimis Exception to Copyright Infringement of Sound Recordings 
  7. Access Copyright v. York U – The Final Trial Arguments Are Set to Unfold
  8. Screenwriters Accuse Christian Movie Studio Of 9th Commandment Violations Over General Script Ideas
  9. Open access: All human knowledge is there—so why can’t everybody access it?: We paid for the research with taxes, and Internet sharing is easy. What’s the hold-up?
  10. Scientific publishers are killing research papers: Pressure to publish short articles removes details, leaves readers confused.
  11. The shadowy war on the press: How the rich silence journalists
  12. Local news isn’t dead. We just need to stop killing it.
  13. Trump, Propaganda, And The Loss Of Media Authority: The G.O.P. nominee is spouting Orwellian double-speak, and the media can’t stop him.
  14. The challenges in covering Trump’s relentless assault on the truth
  15. This Harvard study is a powerful indictment of the media’s role in Donald Trump’s rise
  16. 50 Cent, Dr. Dre, Ed Sheeran, Led Zeppelin… Are These Copyright Lawsuits a Good Thing for Music
  17. Led Zeppelin’s Jimmy Page spars with attorney over ‘Stairway’ plagiarism allegations
  18. Led Zeppelin ‘Stairway to Heaven’ copyright trial: Robert Plant says he has ‘no memory’ of watching Spirit play: Plant and guitarist Jimmy Page are accused of stealing their iconic riff from Spirit song ‘Taurus’
  19. Why “Stairway to Heaven” Doesn’t Infringe “Taurus” Copyright: analysis & demo of “scenes a faire” motif common to both
  20. Lawyers who yanked “Happy Birthday” into public domain now sue over “This Land – Attorneys: Song, published in 1945, should have passed into public domain in 1973.
  21. Eat Your Art Out: Intellectual Property Protection for Food
  22. Are Native American Pottery Designs Copyrightable?
  23. How it works: Understanding Copyright Law in the New Creative Economy (Rebecca Tushnet)
  24. Paramount Beats Musicians Guild in Lawsuit Over Outsourcing Film Scores: A judge figures out the meaning of “producer” and “employer” in Hollywood.
  25. Who Owns Star Trek?
  26. Can Plaintiffs Sue a “Celebrity Spokesperson”?
  27. White Supremacy and the Intractability of the Fight Over the Redsk*ns
  28. Vice Media Settles With Indie Band ViceVersa, Showing That Trademark Bullying Totally Works
  29. Broadway economics: Breaking down Broadway
  30. Why Are So Many Vogue Cover Stories Written by Men?
  31. In 60 days, drone journalism will be legally possible in any U.S. newsroom: “There are still challenges, and we haven’t even talked about state and local laws that have been piling up while the FAA lumbered toward today. But the future of drones in journalism is much brighter today than it has ever been.”
  32. ‘Hamilton’ And Copyright: Lin-Manuel Miranda Had His Eyes On Music History

COMMUNICATIONS & BROADCASTING

  1. Federal court dismisses Bell appeal in mobile television ruling
  2. Federal Court of Appeal Upholds CRTC Ruling That Bell Mobile TV Service Violated Telecom Law (Michael Geist)
  3. Ignore the Scare Tactics: The Real Future of Bell Investment in Fibre Networks (Michael Geist)
  4. Why the Federal Court Crackdown on Set-Top Boxes Threatens to Chill Canadian Tech Innovation (Michael Geist)
  5. Rogers Communications Inc. v. Châteauguay (City) (Supreme Court of Canada, June 16, 2016)
  6. The (In)effectiveness of Telecommunications Transparency Reports (Christopher Parsons)
  7. CRTC Creates a New Framework for Local Programming and News
  8. Consumer Groups Say AT&T, Comcast Violate Privacy Law By Hoovering Up Cable Box Data Without Full User Consent
  9. Study Finds That T-Mobile’s Binge On Is Exploitable, Unreliable, And Still Violates Net Neutrality
  10. Tim Wu Joins NY AG’s Office In Shaming ‘Abysmal’ Cable Broadband ISPs
  11. 23% of US Millennials are OTT-only
  12. Viacom Director Has Uphill Battle in Case Against Redstone
  13. Sumner Redstone moves to oust CEO Philippe Dauman, others from Viacom board

SURVEILLANCE & PRIVACY

  1. Smile, you’re in the FBI face-recognition database; Driver license, passport, visa pics in database—despite no criminal affiliation.
  2. Mark Zuckerberg—paranoid or just sensible about the big, bad Web?
  3. How Hired Hackers Got “Complete Control” Of Palantir: Palantir hired a cybersecurity firm last year to test its digital defenses. A confidential report shows how the pro hackers were able to dominate the tech company’s network.
  4. This Russian technology can identify you with just a picture of your face
  5. Global Internet commission: Leave crypto alone, ditch opaque algorithms – Governments should agree on a list of “legitimate targets” for online attacks.
  6. Supreme Court Knocks A Little More Off The 4th Amendment; Gives Cops Another Way To Salvage Illegal Searches
  7. Eighth Circuit holds that accessing credit card magnetic stripe is not a ‘search’
  8. Handing over cell phone to police and giving password is consent to search
  9. “Guccifer” leak of DNC Trump research has a Russian’s fingerprints on it: Evidence left behind shows leaker spoke Russian and had affinity for Soviet era.
  10. Guest editorial: The DNC hack and dump is what cyberwar looks like – Elections are critical infrastructure that should be hands-off for governments.
  11. Apple’s Differential Privacy (Bruce Schneier)

jon

News of the Week; June 15, 2016

GAMES

  1. Riot uses LoL chatlogs to weed out toxic employees
  2. League of Legends admits to using chat-log analysis in employee reviews: Toxicity analysis looks for context, such as “using their [developer] authority.”
  3. Game publishers treading carefully at E3 in wake of Orlando tragedy
  4. The Division dev upgrades to permanent bans for first-time cheaters
  5. No more Mr. Nice Ubisoft: First-time Division cheaters now banned permanently – Stricter punishments come amid claims of improved cheat detection tools.
  6. New Xbox community features will create “virtual safe spaces”: “The anonymity of the internet doesn’t always lead to the best behaviour”
  7. Why PlayStation VR Will Dominate The Virtual Reality Market
  8. Valve releasing free virtual reality world-builder, Destinations
  9. Overwatch player count hits 10 million after three weeks
  10. League of Legends generates $150m a month – SuperData
  11. Report: Tencent’s Supercell takeover valued at $9 billion
  12. Why Lionhead sank beneath the weight of Fable Legends: “The original pitch was for a really cheap game – it certainly wasn’t the $75m we ended up spending…But as time wore on, there were various voices that made it more complicated.”
  13. Spider-Man leads Marvel’s “epic” new console strategy: Comic company moving away from movie tie-ins, says the future of Spider-Man games is with Sony and Insomniac
  14. Sony’s E3 surprises with God of War, Resident Evil VII VR: Kojima Productions’ Death Stranding, Insomniac’s Spider-Man, the return of Crash Bandicoot, and Days Gone can’t even crack the headline
  15. E3: EA focuses on sports, charities and indie devs
  16. Electronic Arts CEO: Competitive Gaming Is Here to Stay
  17. New Sports Related Games, $1 Million Madden Tournament Unveiled At E3
  18. Madden NFL 16 championships will be broadcast live on ESPN2: Another milestone for the rapidly growing eSports industry.
  19. Microsoft gets deeper into eSports with Arena for Xbox
  20. E3: Microsoft announces Xbox One S, Scorpio and Play Anywhere
  21. Why Scorpio and Xbox One S sales don’t actually matter: Phil Spencer explains why you shouldn’t think “that everything we’re doing is about selling you an Xbox console”
  22. Say goodbye to the way the game console market works: Microsoft’s Scorpio, Sony’s Neo make game consoles more like mobile phones or PCs.
  23. Minecraft Realms brings cross-platform play to Windows 10, iOS, Android, Gear VR: Mods and extensions will come later this year.
  24. Ubisoft CEO stresses creative independence as Vivendi takeover threat looms
  25. Bethesda banks on eSports with Quake Champions
  26. Does Overwatch have what it takes to become a popular eSport?
  27. Twitch’s E3 livestreams watched by a staggering 925K concurrent viewers
  28. Valencia CF Becomes First La Liga Club To Sign An eSports Team
  29. Meet the Plaid Parliament of Pwning, one of the world’s elite hacking teams
  30. Twitch’s 100 million viewers watched 800 million hours of esports in the last 10 months
  31. Report: ESL is the top eSports tourney broadcaster on Twitch (that’s not Riot)
  32. Assetto Corsa – Modding Forums Shutdown Update
  33. To run WoW legacy servers, Blizzard must reverse-engineer its own game
  34. How Will Wright and SimCityshaped the course of game dev history: “You can see traces of SimCity in many if not most of the games we play today, from casual social games to hardcore CRPG and strategy titles. Sid Meier, when asked in 2008 to name the three most important innovations in the history of electronic gaming, listed the invention of the PC, the Nintendo Seal of Quality… and, yes, SimCity.”
  35. What Does $1MM Buy in Game Development?
  36. The Warcraft fan’s dilemma: A movie, but it’s based on the 1994 DOS game?! – Orcs made it to the big screen—iconic characters, diverse combat, and epic stories didn’t.
  37. Court rules in favor of cloned tabletop game – No protection under US copyright law

DIGITAL

  1. Why I Quit Twitter — and Left Behind 35,000 Followers (Jonathan Weisman)
  2. Trump Supporters Hurl Anti-Semitic Twitter Attacks at ‘New York Times’ Editor
  3. NYT editor Jonathan Weisman blasts Twitter over anti-Semitic trolling
  4. Twitter won’t explain why it flip-flopped on NYT editor’s complaints of anti-Semitic abuse
  5. My Dinner With Peter Thiel: A window into the secret reality of Silicon Valley.
  6. Judge blasts Oracle’s attempt to overturn pro-Google jury verdict: Oracle’s cross-examination of Schwartz “focused on character assassination.”
  7. Appeals Court Trashes Prenda’s Appeal, Affirms Sanctions
  8. Prenda lawyers lose key appeal, will pay $230k sanction: “Courts started catching on to plaintiffs’ real business of copyright trolling.”
  9. Twitter, Facebook & Google Sued For ‘Material Support For Terrorism’ Over Paris Attacks
  10. Another chapter of the Google Books Copyright dispute – does the US Supreme Court decision affect Australia? 
  11. Weinstein Company Requests Takedown of Katie Couric Interviews Featured in Free Beacon Story: Free Beacon fighting the takedowns
  12. Another Day, Another Horrible Ruling That Undermines The First Amendment And Section 230
  13. Axl Rose DMCA Takedown Notices Illustrate the Difficulty With Safe Harbor Reforms – User-Generated Content and Fair Use Issues
  14. Apple opens its Siri voice assistant up to devs via new API
  15. Six Ways Site Design Can Potentially Render TOS Agreements Unenforceable
  16. Five subtle ways Facebook could influence the US presidential election this fall
  17. Donald Trump’s Response To The Orlando Massacre Will Make You Sick To Your Stomach (Tweets)
  18. Inside Donald Trump’s Twitter-Bot Fan Club
  19. Trump Implicitly Suggests That His DOJ Would Take Down Amazon For Antitrust
  20. How Clinton aims to trump Trump on Twitter: Her newly aggressive social media strategy aims to turn the presumptive GOP nominee’s own words against him.
  21. Scammers have already started trying to exploit Orlando shooting for bitcoins: Fake Twitter account for Pulse nightclub asks for “contributions” through scam site.
  22. The global village of violence
  23. EFF, Public Citizen Enter Legal Battle That Started With Defamation But Is Somehow Now All About Copyright
  24. Review Website Gets Hammered In Court–Consumer Cellular v. ConsumerAffairs (Eric Goldman)
  25. NC Supreme Court strikes down cyberbullying statue
  26. North Carolina State Supreme Court Strikes Down Cyberbullying Statute
  27. Newspaper Association Thinks FTC Should Force Readers To Be Subject To Godawful Ads And Invasive Trackers
  28. Red astroturf: Chinese government makes millions of fake social media posts – “50-cent” posters aim to distract from dissent rather than confront it.
  29. Music Royalties Initiative Unites YouTube, Spotify, Labels: Open Music Initiative, led by Berklee College of Music and MIT, aims to improve how artists and labels collect money from streaming
  30. Europe Is About To Create A Link Tax: Time To Speak Out Against It
  31. What the heck is ancillary copyright and why do we call it the Link Tax?: What the heck is ancillary copyright anyway? And why does it matter? And why do we keep calling it the link tax? All will be revealed within.
  32. Yes, Getting The US Government Out Of ‘Managing’ Internet Domain Governance Is A Good Thing
  33. Twitter forces password reset on millions of accounts, denies hack
  34. “Spam King,” who defied nearly $1B in default judgments, sentenced to 2.5 years: Sanford Wallace hijacked Facebook accounts to send 27M spam messages.
  35. Microsoft is buying LinkedIn for $26.2 billion: CEO Satya Nadella says the acquisition will be “key to our bold ambition to reinvent productivity and business processes.”
  36. Microsoft’s planned acquisition of LinkedIn is one of biggest ever in the tech industry
  37. LinkedIn CEO: Why the Microsoft deal won’t be a disaster
  38. Microsoft buys LinkedIn for $26.2 Billion – Antitrust Issues? 
  39. I’ve slept on it—and I’m still baffled at Microsoft buying LinkedIn for $26.2B – Analysis: Microsoft is buying the cow when all it wants is some milk.
  40. Is YouTube Building A New Music Industry?
  41. How Netflix Became Hollywood’s Frenemy: The streaming service is changing the way TV shows and movies get made—whether studios and networks like it or not.
  42. Whatever happened to MCNs?
  43. YouTube stars more popular than mainstream celebrities among teens
  44. YouTube Stars Form New Guild To Give Creators A Stronger Voice: One of YouTube’s most popular creators, Hank Green, launched the nonprofit to actively promote the interests of online video makers.
  45. Is Reddit Dead? Welcome to the Propaganda Machine.
  46. Twitter Invests $70 Million In Soundcloud: If you can’t buy a company, getting a stake in it is the next best thing.
  47. Snapchat Launches a Colossal Expansion of Its Advertising, Ushering in a New Era for the App: Unveils new API and $1 billion goal
  48. Is Virtual Reality going to transform cinema?: VR is slowly becoming the new norm and in twenty years time a lot of what we do will be accessed through virtual reality – so how it will affect the film world?
  49. Cyber insurance is changing the way we look at risk
  50. Movie written by algorithm turns out to be hilarious and intense
  51. How to Preserve Cultural Memory in the Digital Age

CREATIVITY

  1. Artist Rights and the Many Shapes of Censorship
  2. Steal This Riff: How To Fix Copyright Law And Set Musicians Free: Could Compulsory Sample Licenses Solve A Problem That Has Vexed Hip-Hop And Dance Musicians For Decades?
  3. Former Copyright Board Chair Vancise Takes Aim at the Board Critics (Michael Geist)
  4. Ruling From EU’s Top Court Confirms Copyright Levies Are A Ridiculous, Unworkable Mess
  5. Watch The President Use Fair Use To Support A Trade Deal That Undermines Fair Use
  6. New York Times Says Fair Use Of 300 Words Will Run You About $1800
  7. The Bezos Effect: How Amazon’s Founder Is ReinventingThe Washington Post – and What Lessons It Might Hold for the Beleaguered Newspaper Business
  8. Trump revokes Washington Post’s campaign press credentials
  9. How to Cover Donald Trump Fairly: A Style Guide
  10. Now Peter Thiel’s Lawyer Wants to Silence Reporting on Drumpf’s Hair
  11. Peter Thiel’s Gawker-Killing Lawyer Now Issuing Bogus Defamation Threats Over Story On Donald Trump’s Hair
  12. Peter Thiel’s Plan To Destroy Gawker Went Way Beyond Hogan’s Case
  13. Gawker filing for bankruptcy – Report: Kotaku owner chooses Chapter 11 over paying lawsuit judgment, could be sold to IGN parent Ziff-Davis
  14. Gawker declares bankruptcy, will auction itself off in wake of Hulk Hogan lawsuit: Chapter 11 filing would help shield the company from Hogan payment (for now).
  15. Did Led Zeppelin rip off “Stairway to Heaven?” Ooh, it makes me wonder: Jury trial starts Tuesday. Infringement is in the ear of the beholder.
  16. Beyoncé faces lawsuit over claims Lemonade trailer ‘copied’ ideas: Film-maker Matthew Fulks says two-thirds of the pop star’s album promo was based on his short film seen by one of her collaborators
  17. Ed Sheeran the latest target of copyright lawsuit
  18. Ed Sheeran Sued for $20M for Allegedly Copying Song Released by ‘X Factor’ Winner
  19. Bieber Fever running high, “is it too late now to say I’m SORRY?” – allegations of copyright infringement against The Biebs (aka Justin Bieber)
  20. Jimi Hendrix Portrait Denied Copyright Protection For Lack of Originality
  21. ‘Rephotographer’ Richard Prince Is Being Sued Again
  22. Celebrity Chef Sues to Cancel Contract Transferring His Right of Publicity
  23. Jesse Ventura’s $1.8M Legal Win Over ‘American Sniper’ Chris Kyle Overturned on Appeal
  24. Citigroup trademarks “THANKYOU” and sues AT&T for thanking clients: Not to be outdone by Citigroup, AT&T has applied to trademark “AT&T THANKS.”
  25. In re Tam: Federal Circuit Holds the Lanham Act’s Antidisparagement Provision Unconstitutional.
  26. Supreme Court Just Made It Easier For Patent Trolls
  27. Supreme Court says win for patent holders won’t embolden patent trolls: Enhanced damages should not be granted in “garden-variety cases,” justices rule.
  28. Muhammad Ali: The original rapper – Legendary emcee Chuck D of Public Enemy talks Ali’s impact on hip-hop
  29. New ESPN Series Shows How O.J. Simpson Changed Advertising—and It Changed Him: Hertz ads, not football, made ‘the Juice’ a superstar
  30. Canaries in the Elsevier Mine: What to watch for at SSRN
  31. Don’t Tell Me What Happens. I’m Recording It. – Chuck Klosterman asks: What is the future of TV?
  32. State of the News Media 2016 (Pew Research Center)
  33. How Le Monde transformed its business model to become a profitable news publisher
  34. Not The Onion: Morocco Bans Sharing Newspapers To Protect Publisher Business Models
  35. The definition of commercial speech

COMMUNICATIONS & BROADCASTING

  1. ‘No Netflix tax’, but the future of Cancon is up for debate, says heritage minister Melanie Joly
  2. CRTC improves support for local news
  3. CRTC partners with global agencies to enforce spam and telemarketing rules
  4. Judge orders interim ban on digital TV boxes over copyright claims from Bell, Rogers, Videotron
  5. Court Upholds Net Neutrality Rules On Equal Internet Access
  6. Appeals Court Fully Upholds FCC’s Net Neutrality Rules
  7. UNITED STATES TELECOM ASSOCIATION, ET AL., PETITIONERS v. FEDERAL COMMUNICATIONS COMMISSION AND UNITED STATES OF AMERICA,
  8. After net neutrality loss, ISPs get ready to take case to Supreme Court: FCC won in all facets of today’s decision, but ISPs are not out of options.
  9. In shocking twist, senators scrutinize cable companies instead of FCC: Congress takes break from castigating FCC to focus on cable TV’s bad behavior.
  10. Viacom Has Few Options for Fighting National Amusements
  11. From radio waves to packets with software defined radio
  12. Why the Privacy Commissioner Doesn’t Need Legal Reforms To Require Transparency Reports (Michael Geist)
  13. 500 channels and nothing to see: The former head of Apple engineering really likes a new curated, app-based TV interface called Molotov — and sees a future business model in it.
  14. WIN v Nine Network Australia – Putting the ‘broad’ in ‘broadcasting’ 

SURVEILLANCE & PRIVACY

  1. The RCMP Surveilled Thousands of Innocent Canadians for a Decade
  2. Canada’s Surveillance Crisis Now Hiding In Plain Sight (Michael Geist)
  3. FBI says utility pole surveillance cam locations must be kept secret: “Disclosure of even minor details about them may cause jeopardy,” bureau says.
  4. FBI Sues To Block Disclosure Of Surveillance Cameras Locations Because It Would Violate The Privacy Of Those Surveilled
  5. New Report: FBI Can Access Hundreds of Millions of Face Recognition Photos (EFF)
  6. Appeals Court: No Expectation Of Privacy In Credit Card Magnetic Strips
  7. What to Consider When Drafting or Reviewing a Privacy Policy
  8. The emerging ethical standards for studying corporate data: How Facebook’s “emotional contagion” controversy led to the company’s new research review policy
  9. What is Differential Privacy?
  10. Hackers invade Dems’ servers, steal entire Trump opposition file: Intrusion was so thorough it exposed almost a year’s worth of e-mail and chats.

jon

News of the Week; June 8, 2016

GAMES

  1. Fan-Made Star Wars Battlefront 3 Remake Approved For Steam – Don’t call it a comeback.: Fans have been working on a remake of the unreleased Star Wars Battlefront III, and it looks like it’s going to be released on Steam.
  2. The Paid Mods Question
  3. Maxis does away with gender boundaries in latest Sims 4update
  4. Maxis and GLAAD collaborate to remove gender restrictions from The Sims
  5. Chinese gov’t aims to tighten its hold on the mobile game market
  6. China tightens regulations around mobile games: Month-long process will root out undesirable content, adding yet more complexity to doing business in the world’s most populous country
  7. How an American company topped China’s mobile charts
  8. Sorry games industry, but VR won’t wait—Hollywood is coming for it: The likes of Take-Two might not believe in VR, but huge VFX studios like Framestore do
  9. Capcom bans pro player for sexual harassment: Noel Brown gone for the season after grabbing a woman on camera, second offense will result in lifetime ban
  10. eSports’ “path to profitability farther off than VR” for publishers – Pachter
  11. Why eSports Tournaments Make Great Venues for Research
  12. Spanish soccer club Valencia CF creates eSports team
  13. The Difficult History Of Videogames And Indigenous People
  14. Conflict mineral sourcing still hazy for games industry: Apple and Microsoft make significant improvements in their supply chains as Activision backslides; Time Warner and Facebook in apparent violation of SEC rules
  15. Overwatch Bans Thousands Of Cheaters: Blizzard takes a zero-tolerance stance on hacking.
  16. Overwatch surpasses 7 million players in just over a week
  17. Video game voice actors’ union calls on state regulator to improve working conditions
  18. SAG-AFTRA Asks for Investigation of Videogame Industry Over Vocal Safety Issues
  19. Frontier inadvertently drivesElite: Dangerous AI to create superweapons – “We don’t think the AI became sentient in a Skynet-style uprising!”
  20. Minecraft has sold over 100 million copies, says Mojang
  21. Mad Catz reports $11M loss following bad Rock Band 4 deal
  22. Vivendi buys out Guillemot family to seal Gameloft takeover
  23. Mohawk wants user reviews, sales, refunds removed from Early Access: Soren Johnson’s Offworld Trading Company postmortem highlights the tension between developer and consumer interests on Steam
  24. PayPal Refuses to Refund $50,000 to Twitch Donation Troll
  25. Sorry, the Xbox One isn’t going to be a DVR after all: Microsoft scraps plans to turn console into an over-the-air recorder.
  26. Tabletop games far outpace video games in pledge money, says Kickstarter
  27. Digital games to account for a third of console revenues in 2020 – PwC: “In some ways it’s surprising that physical game disks will continue to be a major force by 2020”
  28. Apple will allow subscriptions for games: App Store opening up option for all apps; revenue share for subscription devs will increase after a year
  29. ESA: The 50-plus gamer crowd has passed 40m in the US – 75% of the over 50 demographic plays games on a weekly basis; developers need to pay attention to this older audience
  30. Facebook signs deal to let users livestream Blizzard games
  31. Before Battlefield 1, EA Wasn’t Sure Young People Would Know WW1 Was A Thing
  32. How I connected with my autistic son through video games: A PlayStation game opened up a liberating world of play, interaction and co-operation for Keith Stuart and his young son. It continues to be a cornerstone of their relationship – and a place to have fun together as equals
  33. Surgeon Simulator Update Lets Players Go ‘Inside Donald Trump’: Make surgery great again.
  34. Computer scientists quantify just how hardSuper Mario Bros. is: Solving an arbitrary level belongs to a class of problems called PSPACE.
  35. The Incredibly Weird Story Behind Tetris
  36. Video games are evidence we’re living in a simulation, says Elon Musk: “The strongest argument for us being in a simulation is the following: 40 years ago, we had Pong. Two rectangles and a dot. Now, 40 years later, we have photorealistic 3D with millions playing simultaneously.” 

DIGITAL

  1. Russia Imprisoning Dozens Of Social Media Critics For ‘Hate Speech’
  2. How Donald Trump Hijacked the Authenticity of the Web: His credibility is zero, but by attacking political correctness he projects a true voice to his internet followers (David Weinberger)
  3. Two Separate Copyright Rulings Around The Globe May Finally Clear The Copyright Way For Sampling
  4. Madonna Gets Victory Over ‘Vogue’ Sample at Appeals Court: The 9th Circuit rules that a trivial taking isn’t enough to establish copyright infringement.
  5. De Minimis Music Sampling Isn’t Infringement–Salsoul v. Madonna
  6. The De Minimus Exception to Infringement is Now in Vogue for Sound Recordings
  7. VMG Salsoul LLC v. Madonna Louise
  8. Ciccone, United States Court Of Appeals For The Ninth Circuit, June 2, 2016
  9. Madonna’s Copyright Win Is Good News for Fans and Musicians
  10. Youtuber Sued Over Stanley Kubrick Movies Analysis
  11. Axl Rose tests the Streisand Effect by demanding Google removes fat photos: Singer’s heavy-handed attempt to suppress “fat Axl” meme hasn’t paid off.
  12. Donald Trump Meets Intellectual Property
  13. Another Entity Thinks A Random Bundle Of URLs Is A Legitimate DMCA Takedown Request
  14. California Ruling Against Facebook on Right of Publicity Blows Huge Hole in Section 230 Immunity
  15. WTF Is Going On With Section 230?–Cross v. Facebook (Eric Goldman)
  16. Another Bad Ruling In California Threatens To Massively Undermine Section 230 By Exempting Publicity Rights
  17. EFF Urges Supreme Court To Throw Out $399 Million Damage Award Against Samsung in Apple Smartphone Patent Case: ‘Total Profits’ Damage Awards For Infringing Design Patents Are Excessive, Unfair
  18. Digital Trademark and Design Patent Infringement
  19. Hacker Lexicon: What Is the Digital Millennium Copyright Act?
  20. Google’s fair use victory is good for open source (Pamela Samuelson)
  21. Judge Upholds Google’s Win Over Oracle in $9 Billion Trial Over APIs
  22. Oracle accused of cooking “cloud services” books to boost stock price: Accusations follow Oracle’s major defeat in API copyright suit against Google.
  23. Website blocking: saving Lotto Quebec from competition (Timothy Denton)
  24. How Binding Is Your Browsewrap Agreement?
  25. CurrentC—retailers’ defiant answer to Apple Pay—will deactivate its user accounts: The mobile payments scheme was distrusted before it even hit the big time.
  26. Warner Bros. DMCAs Insanely Awesome Recreation Of Blade Runner By Artificial Intelligence
  27. Here’s how Airbnb plans to tackle racism on the platform
  28. Here’s How Neo-Nazis Identify (((Jews))) on Twitter
  29. Putin’s Internet Trolls Mercilessly Smear Finnish Reporter Simply For Pointing Them Out
  30. Yelp Forced To Remove Defamatory Reviews–Hassell v. Bird
  31. Company Sues Customer For $1 Million, Claiming Yelp Review Was ‘Defamatory,’ Violated Non-Disparagement Clause
  32. Nest May Be The First Major Casualty Of Hollow ‘Internet Of Things’ Hype
  33. PwC: Internet Advertising Will Overtake Broadcast Advertising in the U.S. Next Year: Mobile to see biggest growth, report says
  34. The New Television: The next few years will see a massive shift of ads and attention from TV to mobile. A handful of companies, led by Facebook, are poised to make a killing.
  35. How YouTube May Now Be Worth $90 Billion (or More) on a Standalone Basis
  36. Facebook’s Race To Dominate AI
  37. Twitter Reportedly Held Merger Talks With Yahoo
  38. Cambridge’s Akamai will pay feds in Chinese bribery case
  39. Bad news for P.F. Chang -Court rules that all claims for 2014 data breach are not covered under its cyberinsurance! 
  40. The Ethical Quandary of Self-Driving Cars: When a crash is inevitable, autonomous vehicles will have to decide whom to collide with.
  41. Man v machine: can computers cook, write and paint better than us?: Artificial intelligence can now win a game, recognise your face, even appeal against your parking ticket. But can it do the stuff even humans find tricky?
  42. Can Artificial Intelligence achieve human-like consciousness?: A philosophical question — not a technical one.
  43. Software is still eating the world

CREATIVITY

  1. The Bezos Effect: How Amazon’s Founder Is Reinventing The Washington Post – and What Lessons It Might Hold for the Beleaguered Newspaper Business
  2. Hollywood Has a Huge Millennial Problem: 2016 is on pace to be the worst year for movies—by tickets bought per U.S. adult—since before the 1920s. What’s going on?
  3. The world’s tyrants clamp down on free speech — including against a king’s dog
  4. Under attack: Curbs on free speech are growing tighter. It is time to speak out
  5. Choosing Principles Over Publication: Psychology instructor withdraws book chapter after refusing to add language that he asserts a publisher demanded but he deemed too flattering to the textbook industry.
  6. Canada Post Drops Lawsuit Over Crowdsourced Postal Codes (Michael Geist)
  7. US District Court Finds Digitally Remastered Pre-1972 Sound Recordings Are “Derivative Works” Covered By Federal Law – Dismisses Suit against Broadcaster Seeking Over-the-Air Performance Royalties 
  8. Led Zeppelin’s ‘Stairway to Heaven’ to Be Scrutinized in Court in Copyright Case
  9. The Perversion Of Trademarks: Jose Mourinho Can’t Coach Man-U Yet Because Former Club Trademarked His Name
  10. Sid Vicious’s Photographer Sues Richard Prince for Copyright Infringement
  11. Appeals Court Burns Defamation Lawsuit Targeting ‘American Hustle’ Microwave Scene
  12. Tribune Publishing, now ‘tronc,’ issues worst press release in the history of journalism
  13. EU-Funded Study On The Cost Of Copyright Infringement Dismisses Key Real-World Factor As ‘Outside Its Scope’
  14. Our public institutions need fair use laws: We need reform to free libraries, archives and universities from unnecessary red tape.
  15. Why we’re terrified of fanfiction
  16. The ineffectiveness of publication bans
  17. Open access: All human knowledge is there—so why can’t everybody access it? – We paid for the research with taxes, and Internet sharing is easy. What’s the hold-up?

COMMUNICATIONS & BROADCASTING

  1. Manitoba Consumers Fear Price Hikes, Data Caps If BCE Buys MTS: Poll
  2. The TPP’s Impact on Canadian Culture Emerging as Political Issue (Michael Geist)
  3. Federal Court issues interlocutory injunction directed at retailers of set-top boxes loaded with copyright infringing applications
  4. Tom Wheeler accuses cable companies of shutting out minority TV channels
  5. Broadband CEOs Admit Usage Caps Are Nothing More Than A Toll On Uncompetitive Markets
  6. Time Warner Cable Internet speeds are “abysmal,” NY AG claims
  7. Using Text Messages in Promotions and Contests? – $8,500,000 Settlement Provides Reminder to Make Sure You are Aware of TCPA Obligations 
  8. ‘Just can’t get enough’: Half of Canadian TV subscribers use streaming services like Netflix too, survey says
  9. Netflix, Inc: A Growing Threat For Cable Companies
  10. Canada’s Privacy Commissioner clamps down on spam and the automated harvesting of electronic addresses 
  11. Fantasy-League Media: If you could draft an all-star team of entertainment and media assets and capabilities, who would you pick?

SURVEILLANCE & PRIVACY

  1. Exclusive: Snowden Tried to Tell NSA About Surveillance Concerns, Documents Reveal
  2. Yahoo First Company To Publicly Acknowledge It Has Received National Security Letters
  3. Forty-One Secret Service Employees Punished For Illegally Accessing Congressman’s Private Data In Hopes Of Discrediting Him
  4. Appeals Court: As Long As The Government Has ‘Good Faith,’ It Can Root Around In Your Digital Files As Much As It Wants
  5. Turkish Constitutional Court: Monitoring Employee E-mail Accounts Does Not Breach Privacy Rights
  6. Mark Zuckerberg’s Twitter, Pinterest accounts compromised: Facebook denies hack of Zuck’s Instagram; LinkedIn 2012 password dump fingered.
  7. In 1971, Muhammad Ali Helped Undermine The FBI’s Illegal Spying On Americans

jon

News of the Week; June 1, 2016

GAMES

  1. Texas court affirms game mechanics not protected under copyright law
  2. How and why a group of modders have kept NHL 2004 on PC alive
  3. Twitch streamers can now create and share 30-second clips of your game
  4. GOG Connect will let users import select Steam games
  5. Online Harassment and Trolling in Virtual Spaces
  6. No Man’s Sky delay results in death threats for dev
  7. No Man’s Anger: A peaceful game’s delay sparks online hate – Why is a two-month pushback generating death threats?
  8. I Got Death Threats For Reporting On A Video Game Delay [UPDATES]
  9. Mojang: Minecraft is not an advertising platform
  10. Mojang bars companies and politicians from promoting themselves in Minecraft
  11. No Consoles For Old Men: Ageism In The Game Industry
  12. Accessibility in gaming should be the rule, not the exception
  13. Apple, Arbiters Of Art, Say Game About Surviving The Gaza Strip Isn’t A Game, Even Though It Is
  14. Payday 2 dev abandons controversial microtransactions
  15. PlayStation 4 sales exceed 40m worldwide
  16. PlayStation has become Sony’s cornerstone: PS4 is great, and PSVR/Neo will drive hype – but Sony’s success is also down to its competitors’ failures giving it a clear run at a thriving market
  17. Take-Two CEO: ‘There Is No Market’ For VR Right Now
  18. Seven months later, Valve’s Steam Machines look dead in the water: Sales of under 500,000 machines so far show an utter lack of market demand.
  19. Supercell “printing money” with Clash games – SuperData: Both Clash of Clans and Clash Royale are generating $100m a month as digital sales in April climbed 5% to $6.2 billion
  20. Starbreeze acquires Payday rights for $30 million in shares
  21. Microsoft lends Fable license to former Lionhead devs
  22. It’s been over a decade since Valve first promised Half-Life 2: Episode 3 – Franchise has now been in limbo longer than entire lives of fourth-graders.
  23. Pro Counter-Strike: GO team Faze leaves World Esports Association
  24. As eSports rise, look back at one of the world’s first video game tournaments: “It may seem extraordinary that you can now fill arenas with people who want to watch videogames…but it’s a perfectly reasonable outcome of what you could already see in 1972.”
  25. Bud Light’s confusing entry into esports is sending the wrong message
  26. Activision still committed to toys-to-life
  27. Report: Vivendi continues Gameloft takeover after winning shareholder support
  28. Vivendi succeeds in hostile Gameloft takeover
  29. For this gadgethead, the HTC Vive may force my Oculus Rift to collect dust: After one month—and a lot of Elite: Dangerous—I know which one’s better for me.
  30. Benchmark: Video Games Now Realistic Enough For Racing Games To Factor Into Racing Certs

DIGITAL

  1. Facebook, Twitter, YouTube and Microsoft agree to remove hate speech across the EU
  2. Top Internet Companies Agree To Vague Notice & Takedown Rules For ‘Hate Speech’ In The EU
  3. Google, Twitter, Facebook hate speech deal with EU is rash, say digi warriors: EDRi and Access Now warn against tech giants acting as online thought police.
  4. RPT-EU hate speech deal shows mounting pressures over internet content blocking
  5. Twitter Bans Obvious Putin Parody Account, Retreats After International Shaming
  6. Thailand Government Wants To Undermine Website Encryption, Hold ISPs Responsible For Third-Party Content
  7. Ontario Court Adopts New Cause Of Action To Combat Online Bullying
  8. This YouTube Star Got Sued, Raised $130,000, and Wants to Change the Site Forever: One of their own was in trouble. Now YouTube creators are fighting back
  9. Tunecore CEO: YouTube Is Not The Enemy – It’s A Goldmine Of ‘Found Money’
  10. GoFundMe For H3h3productions’ Copyright Suit Raises $100,000 From Philip DeFranco, Markiplier, PewDiePie
  11. YouTube Personality Files Bogus Copyright Infringement Lawsuit To Shut Up Two Critics
  12. Author Sues Publisher For Portraying eBook Licenses As ‘Sales’ To Pay Out Fewer Royalties
  13. Digital Deceit: Study Reveals Consumer Misconceptions About Ownership Rights
  14. Google Wins Trial Against Oracle, Saves $9 Billion
  15. Google beats Oracle—Android makes “fair use” of Java APIs: Oracle has spent many millions trying to get a chunk of Android, to no avail.
  16. Why Google’s victory in a copyright fight with Oracle is a big deal
  17. Why Google’s fair use victory over Oracle matters: Had Oracle won instead, a cascade of liability could have meant every Android phone owner in the world was breaching copyright law
  18. Big Win For Fair Use: Jury Says Google’s Use Of Java API’s Was Fair Use… On To The Appeal
  19. Google’s Fair Use Victory Is Good for Open Source (Pamela Samuelson)
  20. Thoughts on Google’s Fair Use Win in Oracle v. Google (Michael Risch)
  21. Who won Google VS Oracle? Developers won.
  22. Independent Musician Sues Justin Bieber & Skrillex For Copyright Infringement… Over A Sample They Didn’t Use
  23. Kraftwerk loses hip-hop music-sampling copyright case – German Supreme court: Kraftwerk copyright claim doesn’t outweigh “artistic freedom.”
  24. The German Constitutional Court on Sampling (31 May 2016)
  25. Fair Use In The Age Of Social Media
  26. Software patent post Alice world – Section 101 Patent Eligible Subject Matter – Enfish v. Microsoft, Fed. Cir. No. 2015-1244 (May 12, 2016)
  27. Google has increased its lead as the world’s top media owner and shows no signs of slowing
  28. Should it be legal to resell e-books, software, and other digital goods?: With e-book reselling heading to the EU Court of Justice, we examine the complexities of the law.
  29. The DMCA Should Not Be An All Purpose Tool For Taking Down Content; And It’s Espeically Bad For Harassment
  30. Why 3D scans aren’t copyrightable
  31. Youtube Threatens Legal Action Against Video Downloader
  32. Twitter’s Periscope Has A New Way To Deal With Trolls: Trial By Jury – An innovative moderation system will allow Periscope viewers to quickly zap abusive comments, while offering trolls a chance at redemption.
  33. Website for models can be sued for not warning users about rapists: Communications Decency Act doesn’t immunize Modelmayhem.com from legal liability.
  34. Government-Mandated Website Blocking Comes to Canada as Quebec’s Bill 74 Takes Effect (Michael Geist)
  35. News Use Across Social Media Platforms 2016 (Pew Research Center)
  36. Judge Says The FBI Can Keep Its Hacking Tool Secret, But Not The Evidence Obtained With It
  37. Why Netflix Isn’t a European Company
  38. Why can’t the Estonian president buy a song off iTunes for his Latvian wife?: Toomas Hendrik Ilves really, really wants a much more digitally integrated Europe.
  39. Bankruptcy Fight May Be The Least Of Team Prenda’s Concerns, As The FBI Comes Knocking
  40. ‘Black box’ no more: This system can spot the bias in those algorithms – Why was your loan denied? A university’s technique can shed some light
  41. I’m a black man. Here’s what happened when I booked an Airbnb.
  42. Facebook Wants to Help Sell Every Ad on the Web: The social network will show ads to non-Facebook users on other websites
  43. The inside story of Facebook’s biggest setback: The social network had a grand plan to connect millions of Indians to the internet. Here’s how it all went wrong
  44. The Playlist That’s Helping Spotify Win The Streaming Music Battle: Originally an experiment, Spotify’s Discover Weekly playlist now has twice as many listeners as Apple Music and Tidal combined
  45. Yahoo’s False Prophet: How Marissa Mayer Failed to Turn the Company Around
  46. The Myth of Sentient Machines: Digital computers might be fundamentally incapable of supporting consciousness.
  47. B.C. Court Grants Ex Parte Injunction Against Google and GoDaddy and Awards $1.2 in Damages in Internet Defamation Case 
  48. Microsoft gets into VR by letting others build HoloLens gear: Microsoft is opening up Windows Holographic at the perfect time.
  49. Beware the Trojan Horse: Elsevier’s repository pilot and our vision for IRs & Open Access
  50. Study Shows People Don’t Trust Robots – Unless They’re Carrying Cookies
  51. Internet trends report | Mary Meeker, KPCB | Code Conference 2016
  52. It’s Official: The ‘Internet’ Is Over

CREATIVITY

  1. Billionaire Peter Thiel funded Hulk Hogan lawsuit to take down Gawker
  2. Yes, A Billionaire Looking To Destroy A Media Organization Through Lawsuits Is A Big Deal Even If You Don’t Like The Media Organization
  3. Some Thoughts on Thiel’s Lawfare Against Gawker (Eric Goldman)
  4. How Can We Make You Happy Today, Peter Thiel?
  5. The legal campaign against Gawker has roots in the racist South
  6. Gawker Smeared Me, and Yet I Stand With It
  7. The Silencing of Japan’s Free Press
  8. CBS Beats Lawsuit Over Pre-1972 Songs With Bold Copyright Argument: A judge determines that remastered versions of old songs get copyright — and owners of the originals can’t stop the public performance of them.
  9. Maker of film critiquing Vancouver Aquarium wins right to appeal copyright ruling
  10. Star Trek Fan Film Axanar Lawyers Tell Court About JJ Abrams Claims Of Paramount Dropping Suit, Express Confusion
  11. Comic-Con, Costumes, and Copyright Concerns
  12. No Copyright in Facts
  13. Council of the European Union calls for full open access to scientific research by 2020
  14. Beyonce, Drake and the ‘Exclusives’ Explosion: How Streaming Has Changed the Way Albums Are Released
  15. The enduring whiteness of the American media
  16. Can Anyone Save The New York Times From Itself?: It’s been two years since Dean Baquet vaulted over Jill Abramson to claim the top editorial job, but the prospect of deeper change is still stirring at the 164-year-old Times. With longtime publisher Arthur Sulzberger Jr. seeking a successor, Baquet’s would-be replacements already jockeying for position, and drastic cuts looking all but inevitable, Sarah Ellison surveys the internal power players—past, present, and future—to see if any of them have answers to the existential questions plaguing the paper of record.
  17. Scientists show how we start stereotyping the moment we see a face
  18. How the Textbook Industry Tries to Hook Your Prof
  19. Open Letter on Ethical Norms in Intellectual Property Scholarship

COMMUNICATIONS & BROADCASTING

  1. CRTC reviewing controversial ‘zero-rating’ in internet plans: Inquiry has major implications for internet service, net neutrality advocates say
  2. Should broadband data hogs pay more? ISP economics say “no”: The idea has a certain logic—those who use more should pay more—but should it work IRL?
  3. Why Telecom Transparency Reporting in Canada Still Falls Short (Michael Geist)
  4. Why Bell’s Bid to Buy MTS is Bad News: Report Submitted to the Competition Bureau assessing Bell Canada Enterprises’ proposed bid to acquire Manitoba Telecommunications Services
  5. Bell customers to receive up to $11.82 million as part of Competition Bureau agreement: Agreement also requires Bell to donate approximately $800,000 to support public interest advocacy groups
  6. More Orphan Black, less Canadiana: An American on Canadian culture
  7. AT&T Falsely Blames The FCC For Company’s Failure To Block Annoying Robocalls
  8. ISPs and pay-TV lowest-rated industries, with Comcast worst in sector: Comcast ranks 289th out of 294 companies—and last in least-liked industry.
  9. Study: How Cable News Talks About Abortion – Anti-Choice Speakers And Misinformation Dominate Abortion Coverage On Evening Cable News
  10. Viacom in Turmoil: Will Shari Redstone Succeed in Seizing Control of Her Father’s Empire? 

SURVEILLANCE & PRIVACY

  1. Why Microsoft Is Suing the Feds Over Issues of Privacy and Security: President Brad Smith explains the company’s stance on searches and seizure of data in secret
  2. Privacy injunctions in the age of the Internet and social media: PJS v News Group Newspapers 
  3. Virtual assistants such as Amazon’s Echo break US child privacy law, experts say: Storing voice recordings of people younger than 13 via Alexa, Google Home and Siri appears to flout the Children’s Online Privacy Protection Act
  4. How LinkedIn’s password sloppiness hurts us all: Second data dump lets hackers be 6 times better cracking future dumps.
  5. Uber Knows Too Much About You
  6. Doctors fire back at bad Yelp reviews — and reveal patients’ information online
  7. Cops can easily get months of location data, appeals court rules: Relying on third-party doctrine, Fourth Circuit finds for gov’t in US v. Graham.
  8. GCHQ and NSA routinely spy on UK politicians’ e-mails—report: Microsoft’s Office 365 and MessageLabs said to leave MPs’ e-mails open to snooping.
  9. Irish watchdog refers Facebook privacy case to Europe’s top court: EU-US data transfer debate intensifies as thorny “model contracts” are eyeballed.
  10. Surveillance technology has advanced far beyond the laws that govern it
  11. How Russia’s New Facial Recognition App Could End Anonymity: FindFace’s technology may one day allow anyone to identify you with their phone.
  12. How Genius annotations undermined web security: To comment on other people’s websites, Genius broke a 20-year-old browser security system
  13. Anonymized Data Really Isn’t Anonymous: Vehicle Data Can Easily Be Used To Identify You
  14. If, As Eric Holder Now Admits, Snowden Did ‘A Public Service,’ Why Does He Still Want Him In Jail?
  15. China Gets Its First ‘Right To Be Forgotten’ Lawsuit

jon

News of the Week; March 25, 2016

GAMES

  1. Seggie v. Roofdog Games Inc.: Who is the Author of Videogame Software for Copyright Purposes?
  2. Former Valve employee alleges unfair treatment and unethical practices, seeks $3.1 million in damages
  3. Take-Two Says Tattoo Artist Can’t Get Statutory Damages Because He Only Registered Copyright In 2015
  4. Paradox removes “White Humans” Stellaris mod: “We expect our modders to help us keep the comment sections free of any racial slurs”
  5. Paradox steps in to remove ‘inappropriate’ Stellaris mod from Steam
  6. Paradox’s removal of Stellaris’ “Whites Only” mod draws controversy: Developer says “disturbing” description, not mod content, led to the takedown.
  7. Nintendo issues copyright claims on Mario-themed Minecraft videos: Move highlights a culture clash between two very different online philosophies.
  8. Minecraft videos based on Super Mario DLC hit with copyright claims: 4J Studios’ official Wii U add-on was supposed to be exempt from Nintendo’s insistence on taking a cut of YouTubers’ revenue
  9. Oculus puts the kibosh on ‘hack’ that let Vive owners play Rift games
  10. Oculus introduces DRM that kills Revive mod
  11. Oculus breaks promise, uses DRM to kill app that let you switch VR systems
  12. Oculus Is Hurting VR’s Development By Supporting Walled Gardens, Closed Ecosystems
  13. Alan Yates Says Rift’s Core Features Are a “Direct Copy” of Valve’s VR Research
  14. Studio Wildcard will pay for ARK: Survival Evolved mod content – The creators of two new maps were paid “several months salary” and hired by the company
  15. CryEngine source code now available on Github
  16. Former exec speaks to the risk-averse nature of Disney’s game biz
  17. Apple backtracks, publishes politically sensitive iOS title as a game
  18. Former Valve employee alleges she was fired for being transgender: Plaintiff says Valve referred to her as “it” – she’s seeking $3.1 million in damages
  19. Professionalism and toxicity threaten eSports’ breakthrough
  20. Twitch signs on to stream the eLeague, TBS’ televised eSports venture
  21. Investors pour $4.5M more into eSports coaching tool startup
  22. EA Sports Is Betting Millions You’ll Watch This Guy Play ‘FIFA’: The video game titan wants to put the “sports” in “e-sports.”
  23. Pac-12 athletic conference to host collegiate eSports tournaments
  24. Uncharted 4 is a paragon of AAA accessibility: Naughty Dog describes the new features in its latest blockbuster that make it more open to gamers with disabilities
  25. Uncharted 4 was inspired by the industry’s struggle against crunch: Naughty Dog embraced “downbeat moments” and reconsidered the importance of fun, to the chagrin of certain fans
  26. Uncharted 4 Sold 2.7 Million Units In Its First Week
  27. Playing For The Future: How Video Games Are Leading Innovation
  28. Sony predicts 20m PS4 sales in FY2016
  29. Microsoft has finally found a legal path to publishing Minecraft on Chinese PCs: Long-awaited news serves as reminder of China’s resistance to Western software.
  30. Report: ISP now blocking online games in Morocco due to VoIP ban
  31. Google’s (Day)dream: ‘Hundreds of Millions of Users in a Couple of Years’ – Company says goal is to foster a “multi-billion dollar” VR ecosystem on Android
  32. Google Play is adding an Early Access section
  33. Rovio’s Angry Birds film has earned $150 million worldwide: But after a $400 million Sony marketing push, how much further does it have to fly to return a profit?
  34. Video: Raph Koster recounts a history of virtual worlds, from MUDS to MMOs
  35. Skill-based, first-person gambling game coming to Atlantic City casinos

DIGITAL

  1. Court Says Google Doesn’t Have A First Amendment Right To Drop A Site From Its Search Results
  2. Oracle-Google Dispute Goes to Heart of Open-Source Software
  3. Google’s closing argument: Android was built from scratch, the fair way – “Oracle took none of the risk, but wants all the credit, and a lot of the money.”
  4. Why the Very Silly Oracle v. Google Trial Actually Matters
  5. John McCain, Forgetting His Own Support Of Fair Use On YouTube, Tries To Use Copyright To Take Down His Own Ad
  6. Fox ‘Stole’ A Game Clip, Used It In Family Guy & DMCA’d The Original
  7. Fox In The Henhouse: Uses Someone Else’s YouTube Clip In Family Guy, Then Takes Down The Original
  8. Videos of Nintendo-backed Minecraft Mario DLC trigger copyright crackdown — from Nintendo
  9. NYU Sues YouTube For Reposting Video After Video Poster Sent DMCA Counternotice
  10. Copyright As Censorship: Questionable Copyright Claim Forces Indie Musician To Destroy All Physical Copies Of New Album
  11. H3h3Productions Sued For Copyright Infringement By MattHossZone, Spotlighting Fraught Issue Of Fair Use
  12. Web Sheriff Abuses DMCA In Weak Attempt To Hide Info Under UK High Court Injunction, Fails Miserably
  13. Why Is Twitter Sending Legal Letters Warning People About Tweeting About The Gagged Topic Of A ‘Celebrity Threesome’
  14. Sex lives of Britain’s rich and famous stay private, for now
  15. Sony Thinks It Can Charge An ‘Administrative Fee’ For Fair Use
  16. Revealed: How copyright law is being misused to remove material from the internet – When Annabelle Narey posted a negative review of a building firm on Mumsnet, the last thing on her mind was copyright infringement
  17. A Report on Notice and Takedown in Everyday Practice
  18. Linking and secondary liability for copyright infringement. A look into the Spanish approach.
  19. Google Goes On The Offensive Against Troll Armed With Old Mp3 Player Patent
  20. FTC Rules On Machinima Case: Is This The End Of Influencer Marketing?
  21. Three starts network-level ad blocking trial: UK mobile carrier moving ahead after months of talks with the advertising industry.
  22. When YouTube Pranks Break the Law
  23. Machine Bias: There’s software used across the country to predict future criminals. And it’s biased against blacks.
  24. On the Design and Ethics of Virtual Reality and Immersive Experiences
  25. New York Times staffer tweets out op-ed critical of Trump, faces anti-Semitic avalanche
  26. Digital Assistants Get Women’s Names—Unless They’re ‘Lawyers’
  27. Facebook apologized after fat-shaming a model—but the damage was already done
  28. UK Queen’s Speech: More, Faster Broadband… But It Will Be Censored And Spied On
  29. Self-Proclaimed ‘Badass Lawyer’ Loses Defamation Suit Against Parody Twitter Account
  30. ‘Badass Lawyer’ Loses Lawsuit Over Parody Twitter Account–Levitt v. Felton
  31. Law Firm Subpoenas Glassdoor For Negative Anonymous Reviews, Supercharges Streisand Effect With Its Response
  32. Malaysian Government Pushes For Broad Internet Censorship Bill Following Internet Reporting On Gov’t Corruption
  33. China’s scary lesson to the world: Censoring the Internet works
  34. Study: One Out Of Every 178 Posts To Chinese Social Media Is Government Propaganda
  35. Terrorists no longer welcome on OneDrive or Hotmail: The company is also funding research to detect terrorist content.
  36. Chile’s New Copyright Legislation Would Make Creative Commons Licensing Impossible For Audiovisual Works
  37. Principles For Reassuring Authors Of Ssrn-Posted Papers Under Elsevier’s Ownership
  38. Do You Love Music? Silicon Valley Doesn’t (Jonathan Taplin)
  39. You’re Entitled To Your Own Opinions, But Not Your Own Facts About Copyright, NY Times EditionTaplin’s False Choice Between Music And Technology (Annemarie Bridy)
  40. Former exec speaks to the risk-averse nature of Disney’s game biz
  41. Everything You Know About Artificial Intelligence is Wrong
  42. Guest commentary: The real threat of artificial intelligence
  43. How Technology Hijacks People’s Minds — from a Magician and Google’s Design Ethicist
  44. A Few Late-Night Thoughts About Hostility On Twitter And Other Anti-Social Media (James Grimmelmann)
  45. Media executives: stop saying ‘platform.’ It’s a meaningless and dangerous word.
  46. ICANN Won’t Even Be Accountable in Becoming Accountable 

CREATIVITY

  1. Silicon Valley Billionaire Peter Thiel Accused Of Financing Hulk Hogan’s Ridiculous Lawsuits Against Gawker
  2. Peter Thiel just gave other billionaires a dangerous blueprint for perverting philanthropy
  3. Peter Thiel, Gawker and why all of this could matter during a Trump presidency
  4. Gawker Fails to Persuade Judge to Retry Hulk Hogan Case
  5. Paramount Apparently Going To Drop Lawsuit Against Axanar Fan Film, Produce ‘Guidelines’ For Fan Films
  6. Beating studios to the punch, J.J. Abrams says Axanar suit will be “going away”: Star Trek director says suing “was not an appropriate way to deal with the fans.”
  7. NCAA Petitions Supreme Court to Protect Uses of Athletes’ Names & Likenesses
  8. How Kesha’s contract became her cage
  9. Heirs Go Crazy: Prince’s Estate And Copyright’s Termination Of Transfer – The fight over Prince’s estate will dig deep into copyright law for a very long time
  10. Photojournalist Being Sued For Publishing Image Of Aftermath Of Paris Attacks
  11. This Silicon Valley Billionaire Has Been Secretly Funding Hulk Hogan’s Lawsuits Against Gawker
  12. Cop sued for drawing gun on man filming him: “Hey. You gotta take your hand out of your pocket.”—”No. I haven’t done anything.”
  13. Journalists Arrested In Ferguson Promise Not To Promote The Settlement
  14. Appeals Court Muddies Trademark Nominative Fair Use Doctrine (Eric Goldman)
  15. Music Industry Rep Hired by Copyright OfficeCanada’s Copyright Lobby Revolving Door Raises Fairness Concerns Ahead of 2017 Review (Michael Geist)
  16. Awesome Stuff: Art & Copyright
  17. Louboutin Loses Battle to Protect Red Soles in Switzerland
  18. SKIO Music seeks to ensure the survival of creativity
  19. Copying Pictures, Evidencing Evolution: Copying — unoriginal, dull, and derivative by definition — can be creative, contested, and consequential in its effects. Nick Hopwood tracks Haeckel’s embryos, some of the most controversial pictures in the history of science, and explores how copying put them among the most widely seen.
  20. Netflix CCO Ted Sarandos on how his ‘disruptive’ methods are insuring the future of film
  21. Film Dialogue from 2,000 screenplays, Broken Down by Gender and Age
  22. How Piracy Became a Cause Celebre in the World of Academics

COMMUNICATIONS & BROADCASTING

  1. Ontario commissioner extends legal battle with CRTC chairman
  2. Netflix, Amazon given quotas for EU-produced video, face new tax: 20% quota from European regulators to ensure some content is European in origin.
  3. Let’s Talk: Bell won’t about cops snooping on customers
  4. George Burger: Who’s afraid of competition for high-speed Internet? You’d be surprised
  5. EFF/Copyright professors’ comment on FCC’s proposed set-top box rule (Rebecca Tushnet)
  6. Hollywood Writers & Copyright Scholars Point Out That Piracy Fears Over Open Set Top Boxes Are Complete FUD
  7. Reddit, Mozilla, Others Urge FCC To Formally Investigate Broadband Usage Caps And Zero Rating
  8. Charter explains why it doesn’t compete against other cable companies
  9. Once Again With Feeling: Cord Cutting Is Not A ‘Myth’
  10. Hollywood Writers: Set-Top Box Piracy Fears Are Overblown
  11. A Streaming Live Sports Service Could Be a Cable Killer
  12. AT&T’s data caps impose harshest punishments on DSL users
  13. Criminal Charges: Prison phones are a predatory monopoly. One family fought back — and won.
  14. How the Internet works: Submarine fibre, brains in jars, and coaxial cables – A deep dive into Internet infrastructure, plus a rare visit to a subsea cable landing site.

SURVEILLANCE & PRIVACY

  1. Companies Not Saving Your Data
  2. Rogers reports marked decline in police requests for data: Telecom refused to release customer data without a warrant in 2015, after landmark Supreme Court ruling.
  3. Google strikes back at French global “right to be forgotten” order
  4. Google Appeals French Data Protection Authority’s Demand to Modify Search Results Worldwide
  5. Google To France: No You Don’t Get To Censor The Global Internet
  6. A principle that should not be forgotten
  7. Privacy Shield faces another setback after Eurocrats fail to agree on deal: Work on hammering out Safe Harbour replacement is progressing, EC insists to Ars.
  8. EU data protection chief: We have serious concerns about Privacy Shield – Watchdog prepares to weigh in on EU-US data sharing, calls on robust improvements.
  9. Identifying People from Their Metadata (Bruce Schneier)
  10. Focus: Are devices collecting information on you?
  11. You are being followed: The business of social media surveillance
  12. Anti-Choice Groups Use Smartphone Surveillance to Target ‘Abortion-Minded Women’ During Clinic Visits
  13. Right to Privacy: Does the Fourth Amendment Apply to Emails? 
  14. Were you a LinkedIn member in 2012?
  15. There Is No Such Thing as “Public” Data: And it’s not OK for researchers to scrape information from websites like OkCupid. (Woodrow Hartzog)
  16. Hack of Prince Philip’s e-mail in 1985 preserved by UK computing museum: Back then, hackers only came out to play at dusk because daytime dial-up was too pricey.
  17. Will the Spokeo v. Robins Supreme Court Ruling Favor Plaintiffs Or Defendants? Uh…
  18. Spokeo: Will U.S. Supreme Court’s Decision Impact Privacy Damages in Canada? 
  19. How the Pentagon punished NSA whistleblowers: Long before Edward Snowden went public, John Crane was a top Pentagon official fighting to protect NSA whistleblowers. Instead their lives were ruined – and so was his

jon

News of the Week; May 18, 2016

GAMES

  1. ‘NBA 2K’ Videogame Maker Fights Lawsuit Over Copyrighted Tattoos
  2. ESL forms World Esports Association to professionalize and regulate eSports
  3. WESA grilled about potentially flawed eSports regulatory practices: “If we’re seen as legitimate as the NFL, we’re happy. We probably don’t have the same standards as you have.”
  4. Blizzard and Twitch pledge to fight racism with pilot program: An incident at a recent live-streamed Hearthstone tournament has highlighted the need for change in eSports
  5. Blizzard vows to make changes following racist abuse of Hearthstone pro: Blizzard CEO Mike Morhaime will take steps to prevent the kind of appalling racism faced by TerrenceM at Dreamhack.
  6. eSports supremacy beckons as Overwatch beta pulls 9.7m players
  7. Investment in esports smart play for ESPN
  8. Move Over, Twitch: Activision Blizzard Takes eSports To Facebook Live
  9. Facebook To Broadcast Major League Gaming In Another Victory For eSports
  10. Activision expands MLG.tv eSports broadcast network, builds Facebook partnership
  11. Riot owner Tencent to launchLeague of Legends-ready console in China
  12. Top German soccer club buys pro League of Legends team, Elements
  13. FaZe Clan leaving WESA over reports of exclusivity demands
  14. eSports “more a promotional tool than anything else” – Zelnick
  15. 65% of Twitch viewing time split between four games
  16. Blizzard vows to crack down on bad Twitch chat behaviour: CEO respond to Twitch chat’s racist comments
  17. Blizzard takes zero-tolerance stance on Overwatch cheating: Publisher will issue permanent bans for first cheating offense, “full stop.”
  18. Blizzard promises to permanently ban Overwatch cheats
  19. Microsoft vetoed a black woman on cover for Fable II: Ex-Lionhead art director recalls marketing department “just didn’t get it,” insisted on a white male for Xbox 360 RPG
  20. Lionhead tells all: Molyneux’s overpromises, Fable Legends’ $75M budget, more – Eurogamer feature also uncovers Milo and Kate’s failings, battles with Xbox marketing.
  21. Apple classifies Palestinian-developed game as not a game, due to war theme
  22. China doesn’t want your games
  23. Money for nothing? Gamers and the buying of ‘virtual assets’
  24. Games have left the shadow of the movie business: Disney’s cancellation of Infinity and move to a licensing model is just the latest step in a long, slow and inevitable divorce between games and movies.
  25. Nintendo lays out movie aspirations
  26. Nintendo preps expansion into medical device business
  27. Microsoft discontinues game-creation tool Project Spark
  28. One million dormant Xbox Live gamertags can be yours starting Wednesday
  29. Virtual Reality Simulation Is Pushing The Design And Technological Boundaries Of Future Motorsport Cars
  30. Gear VRs for everyone! Google turns Android into a VR-ready OS: Daydream
  31. Kids getting smartphones at 10, as portable console popularity shrinks
  32. Crytek adds 6 new unis to VR First: Includes University College London and Manchester Metropolitan University
  33. AwesomenessTV announces The Kids’ Game Awards
  34. How They Made Warcraft Into A Movie
  35. Tetris movie still in the works, now planned as a trilogy
  36. Could ‘Video Game Rap’ Be YouTube’s Latest Breakout Content Category?
  37. Long-lost NES game hits emulators 25 years after it was made
  38. “We are providing self-actualization for a great many of our players”: Electronic Arts CEO Andrew Wilson slots gaming just behind air, food, shelter, and water in the hierarchy of needs, says hardware refresh cadence has gone from six years to six months

DIGITAL

  1. Everything today is a lie: We’re officially in the era of the epic troll.
  2. The Information Age is over; welcome to the Experience Age
  3. YouTube Launches Dedicated App for Virtual Reality Videos
  4. Soon We Won’t Program Computers. We’ll Train Them Like Dogs
  5. Machine Unlearning: A possible crack in the brain-computer analogy.
  6. Google said to face “record $3 billion fine” in antitrust case: Search giant would have to change its business practices in Europe.
  7. A Bold New Scheme to Regulate Facebook
  8. Facebook And The First Amendment: Legal Challenges To Trending Controversy May Prove Difficult
  9. Facebook, YouTube, Twitter face hate speech complaints in France: Three French anti-racism bodies to file lawsuits against tech trio on Tuesday.
  10. Court Strikes Down Louisiana’s Attempt To Regulate Online Content ‘For The Children’
  11. Google’s 1st Amendment defense to search censorship fails in court: “Plaintiff has adequately alleged that it did not violate any of Google’s policies.”
  12. Judge Scolds Litigant For Making Facebook Account “Private” During Litigation–Thurmond v. Bowman
  13. What does the First Amendment look like in the digital age? Knight and Columbia are spending $60 million to find out
  14. What We Buy When We Buy Now (Aaron Perzanowski, Chris Jay Hoofnagle)
  15. FTC Wins Deception Case Over Faux User-Generated Content–Fanning v. FTC
  16. Amazon Liable For In-App Purchases by Kids
  17. Bing bans tech support ads—because they’re mostly scams: The ban is intended to improve user safety.
  18. $1B Bangladesh hackers implicated in attack on Vietnamese bank, Sony hack: The same code appears to have been used to attack Sony and banks in Vietnam, Bangladesh.
  19. How Trump’s troll army is cashing in on his campaign
  20. German Publishers Whine Because They Must Pay To Authors Misappropriated Copyright Levies
  21. Copyright trolls Rightscorp are teetering on the verge of bankruptcy
  22. Anti-piracy firm Rightscorp’s Q1 financials read like an obituary: Firm that bills online pirates $20 a pilfered song needs $1 million to stay afloat.
  23. ‘Working Here is Psychological Torture’: Law Firm Sues Over Anonymous Comments
  24. In Oracle v. Google, a Nerd Subculture Is on Trial
  25. How Java’s Inherent Verboseness May Mess Up Fair Use For APIs
  26. Google puts its expert on the stand to combat Oracle, wraps up its case
  27. Google just combined Chrome, YouTube, and Search into a single messaging app called Spaces
  28. Champions League and Europa League Finals Will Be Streamed Free On YouTube
  29. YouTube will offer classic NFL games as part of a new deal: The site’s NFL videos have almost 900 million views to date.
  30. NBA And BroadbandTV Launch Groundbreaking Multi-Platform Network: NBA Playmakers
  31. It’s 2016 and TV Execs Have Decided They Need a Digital Strategy
  32. The Music Industry Buried More Than 150 Startups. Now They Are Left To Dance With The Giants.
  33. Disappointing: Elsevier Buys Open Access Academic Pre-Publisher SSRN
  34. It’s the Data, Stupid: What Elsevier’s purchase of SSRN also means
  35. Warren Buffett Interested In Yahoo Because Why Not At This Point
  36. Man who claims to have invented e-mail sues Gawker for $35M in libel suit – Gizmodo: “Laying claim… for a universal technology gives you acres of weasel room.”
  37. New UK copyright enforcement strategy: “Track down” infringers, brainwash kids – Computing dominates the creative industries, so why aren’t its needs considered
  38. Germany plans to remove owner liability for piracy on open Wi-Fi hotspots—report
  39. Focus: Data doesn’t have borders
  40. Report: Apple is approving apps more quickly to increase Services revenue – Approval that took 8.8 days a year ago now takes around 1.95 days.
  41. How Instagram Is Changing the Art World
  42. Behind the Biggest Bitcoin Heist in History: Inside the Implosion of Mt. Gox
  43. A few controversial numbers may be illegal to share: Certain numbers could, in principle, get you into trouble – why?
  44. The History Of Social Networking

CREATIVITY

  1. Copyright in Film Parody: Brandishing Fair Use As A Sword, Second Circuit Finds Improv Version Of Point Break Copyrightable
  2. No copyright infringement in writing a book based on the facts in a film documentary
  3. Court Finds No False Endorsement over Use of Individual’s Name in Wendy’s Kid’s Meal
  4. Is Graffiti Ineligible for Copyright Protection Just Because the Act of Tagging is Illegal?
  5. Why Katy Perry’s dress could set a new legal precedent in the US 
  6. ASCAP Pays $1.75 Million to Settle Justice Department Probe
  7. Moving Toward A “Moral Right” Of Attribution In U.S. Copyright Law
  8. Name that tune: Musicians (and lawyers) are watching the copyright battle over Led Zeppelin’s ‘Stairway to Heaven,’ writes Josh O’Kane. A verdict against the group could have major consequences for the future of musical creativity
  9. Gene Kelly’s Widow Claims Copyright In Interviews Done By Gene Kelly, Sues Over Academic Book
  10. The End of Cadbury’s Purple Reign?
  11. Fawlty Towers and Faulty Towers. Is there an infringement of intellectual property rights?
  12. German Court Insults Free Speech, Bans Comedian From Mocking Turkish President
  13. Macedonia’s Government Is Subsidizing Bad Patriotic Rock Music and People Aren’t Happy
  14. Earnhardt Family Fighting Over Whether One Earnhardt Son Can Use His Own Last Name
  15. User Content Platforms Take the Heat for Artists’ Struggles at WIPO (EFF)
  16. Independent Publishing And Dmca Abuse, Or “How A Scammer Got My Book Blocked With Very Little Effort”
  17. Fossilized culture, not lack of funding, put news media on deathwatch
  18. Disney Defends Lawsuit Over Immigrants Replacing American Workers: A former Disney World worker aims to lead a class action claiming racketeering.
  19. Were Authorities Really Tricked Into Hosting a Cultural Revolution Throwback Concert? Chinese Are Skeptical.
  20. Why the ‘Black Panther’ movie shouldn’t give Marvel a free pass on diversity
  21. Ghost in the Shell and anime’s troubled history with representation: A controversial casting is exposing the many complications and contradictions of Japanese animation
  22. Men Are Sabotaging The Online Reviews Of TV Shows Aimed At Women
  23. Stats show that Eurovision song tempos may reflect economic inequality: Faster tempo may be an expression of stress felt in troubled countries.

COMMUNICATIONS & BROADCASTING

  1. How do we apply Canadian content rules to a world in which we’re all creating all the time?
  2. BBC iPlayer viewers will need a TV licence to watch programmes online: “Access should be conditional upon verification of licence fee payment,” says UK gov’t.
  3. “Mega Cable” arrives as Charter finalizes purchase of TWC
  4. Charter blocked customer-owned modems for two years, must pay fine: Under settlement, Charter must notify FCC each time it blocks a 3rd-party modem.
  5. Comcast Now Trying To Claim That Delivering Just TV To Third-Party Set Top Boxes ‘Not Feasible’
  6. Cable Lobbying Group Claims More Competition Would Hurt Consumers
  7. Cable Company CEO Calls TV Business A ‘Tragedy Of The Commons’ That Ends Badly
  8. Bell/MTS presents complex options for regulators
  9. From Broadcasting to Telecommunications and Everything in Between: Reflections on the Recent New Developments in Communications Law and Policy Conference 
  10. Canada’s New Telecom Policy Begins to Take Shape With Rejection of Bell Appeal, Support for Net Neutrality (Michael Geist)
  11. Add Philadelphia To The Long List Of Cities That Think Verizon Ripped Them Off On Fiber Promises

SURVEILLANCE & PRIVACY

  1. Then there were 117 million. LinkedIn password breach much bigger than thought
  2. CA Court Plays “Tag” – Judge Refuses to Drop Facebook Photo-Tagging Privacy Case 
  3. Amazon CEO Jeffrey Bezos: Debate between privacy and security is ‘issue of our age’
  4. Privacy, technology, and instant messaging – The British Columbia Court of Appeal sends a (instant) message
  5. Russia Provides Glimpse Of A Future Where Powerful Facial Recognition Technology Has Abolished Public Anonymity
  6. Mozilla Asks Court To Force FBI To Turn Over Information On Hacking Tool It Used In Child Porn Case
  7. Indefinite prison for suspect who won’t decrypt hard drives, US gov’t says
  8. Government Argues That Indefinite Solitary Confinement Perfectly Acceptable Punishment For Failing To Decrypt Devices
  9. FBI Doesn’t Want Privacy Laws To Apply To Its Biometric Database
  10. Here’s Why Lawyers Suggest You Stop Using Your Finger to Unlock Your Phone: You are protected against revealing passwords under the Fifth Amendment’s right against self-incrimination, but your biometrics are not.
  11. Lack of Trust in Internet Privacy and Security May Deter Economic and Other Online Activities
  12. Philly Cops Tried To Disguise An SUV With License Plate Readers As A Google Maps Vehicle
  13. District Attorney Arguing Against Encryption Handed Out Insecure Keylogging ‘Monitoring’ Software To Parents
  14. Philadelphia cops admit they put Google Maps sticker on surveillance vehicle: Who approved Google sticker on license plate reader-equipped car? Philly PD won’t say.
  15. The Intercept releasing docs leaked by NSA whistleblower Snowden: “Primary objective” of document dump is to allow public to scour them for stories.
  16. Who Will Own Your Data If the Tech Bubble Bursts?: Corporations, data brokers, and even criminals might buy failed companies just for their users’ personal information.
  17. Spanish Constitutional Court allows companies to monitor their employees with video surveillance cameras without being required to give explanation of their specific purpose
  18. WashU Expert: Spokeo decision has potential to expand privacy laws
  19. Supreme Court Says Plaintiff Must Show Actual Harm From Bogus Profile Created By Spokeo
  20. Supreme Court Issues Decision in Spokeo v. Robins; Must Allege Concrete Injury For Technical Statutory Violations 

jon

News of the Week; May 11, 2016

GAMES

  1. Copyright Law Does Not Protect Structure and Game Play of Card Game 
  2. DaVinci Editrice S.r.l. v. Ziko Games, LLC et al, No. 4:2013cv03415 – Document 44 (S.D. Tex. 2014)
  3. Nintendo staves off latest in conga line of patent lawsuits
  4. Game Developer Forced To Change Game’s Name Because ‘Wasteland’ Is A Trademark, Apparently
  5. Disney Infinity shuts down as Disney drops out of game publishing: Company will take $147 million write down for shuttered toys-to-life line.
  6.  Disney Infinity is dead as Disney exits game publishing
  7. The Death of Toys-to-Life?: Was Disney Infinity’s demise on the cards, and will others follow?
  8. Why You Should Always Register the Trademark on your Kickstarter Game
  9. Advice To Immediately Trademark Kickstarter Projects Rests On Crowdfunding Not Being Commerce
  10. eSports awareness to surge past 1 billion consumers in 2016 – Newzoo
  11. Over a billion people will know about eSports in 2016, as audiences balloon
  12. Gambling On Strategy eSports Becoming A Big Business
  13. Activision is going all-in on eSports, and CEO Bobby Kotick sees the money
  14. West Ham becomes first English Premiership football club to sign an e-sports player
  15. League of Legends bans three teams from competition: Team Impulse, Renegades, and Team Dragon Knights banned for variety of offenses, have until May 18 to find new owners
  16. Riot hands down team bans in League of Legends, and one lifetime ban
  17. The man who tried to reform League of Legends player behavior leaves Riot
  18. Over half of Madden NFL’s dollar-sales were from digital downloads
  19. Cliff Bleszinski’s LawBreakers: A shooter inspired by sports, not video games – “Boston sports fans are very passionate, to the point of being insufferable.”
  20. GameStop CEO: Wii U ‘disappointing to everybody,’ including Nintendo
  21. Nintendo licenses out newCruis’n arcade game: Cruis’n Adventure
  22. Consoles Will Die Soon According To Electronic Arts Inc. (NASDAQ:EA) Exec
  23. PS4 and Xbox One have a new competitor in the Chinese console market: Fuze’s new Tomahawk F1 console is smaller and digital only, but the similarities are plain to see
  24. Tim Sweeney is still mad at Microsoft
  25. Video game sales on the up at Bandai Namco as profits falter
  26. New Call of Duty trailer racks up record ‘dislikes,’ but Activision’s unfazed
  27. Steam’s turned toxic, and Valve doesn’t care
  28. How big a deal is it to get featured by Apple? This big
  29. Does App Store placement still matter?: A new App Annie report shows daily download gains of between 100 and 500 per cent depending on territory
  30. Star Wars Battlefront ships 14m copies, EA enjoys “phenomenal” FY2016: “We grew non-GAAP net revenue, profitability and cash flow to record highs,” said CFO Blake Jorgensen
  31. Microsoft refused to sell Fable IP – Report: Suitors expressed interest in acquiring Lionhead, but refusal to include franchise in the deal cut talks short
  32. Metal Gear and mobile games give Konami a boost: Digital Entertainment division doubled its operating profit in the last fiscal year, but Konami sees decline in its future
  33. King pushes Activision Blizzard to record Q: Candy Crush acquisition and Activision performance more than offset a down quarter for Blizzard
  34. GAME acquires AR ads company
  35. Vive maker HTC hits rocky waters in latest results
  36. Microsoft’s new haptic VR tech blurs the lines between realities
  37. International eGames Committee names advisory board
  38. The Nürburgring may be the most-simulated location on the planet: Millions know it intimately more from video games than visiting the real thing.
  39. The 13 Biggest Video Games That Never Came Out: The saddest game cancellations from the NES era to present day.
  40. Biofeedback and Gaming: The Future Is Upon Us (Seriously)

DIGITAL

  1. Stakes Are High in Oracle v. Google, But the Public Has Already Lost Big (EFF)
  2. Google to jury: Android was built with our engineers’ hard work – “Android is precisely the kind of thing that fair use was intended to encourage.”
  3. Sun’s Jonathan Schwartz at trial: Java was free, Android had no licensing problem – Schwartz parries attacks by Oracle’s lawyer suggesting he was a terrible CEO.
  4. Facebook Wins Trademark Case In China Over Chinese Beverage Company
  5. HBO Censors Game of Thrones Spoilers With Dubious Copyright Claims
  6. Can you get kicked off YouTube for spoiling Game of Thrones?
  7. “Venting” on Facebook Leads to $65,000 Defamation Judgment and Liability for 3rd Party Comments
  8. Former Facebook Workers: We Routinely Suppressed Conservative News
  9. Facebook Rebuts Criticisms About a Bias Against Conservatives
  10. Facebook now directly denies report of biased trends, says there’s no evidence
  11. Maybe the real Facebook suppression is of shoddy news, not conservative news
  12. The Real Problem With Facebook And The News
  13. Want to Know What Facebook Really Thinks of Journalists? Here’s What Happened When It Hired Some.
  14. Publishers Strike Back at a Browser That Replaces Their Ads
  15. Should it be against the law to share tragic images on social media?
  16. Episode 173: Ashley Madison Class Action – No Anonymity for Class Representatives
  17. Guy Who Didn’t Invent Email Sues Gawker For Pointing Out He Didn’t Invent Email
  18. Hail and Farewell to The Google Books Case: Google’s scanning project and the subsequent lawsuits once commanded the attention of the publishing, tech, and library worlds. (James Grimmelmann)
  19. At Brandcast, YouTube Touts Audience Scale vs. Primetime TV
  20. “Amazon Video Direct” takes aim at the professional side of YouTube: Machinima, TYT Network, Jash, and other pro YouTubers sign up for distribution.
  21. Could children one day sue parents for posting baby pics on Facebook?: Pictures once kept hidden in family photo albums are now being shared with the world, and children may not appreciate it in the future
  22. Russian Court Sentences Internet User to Two Years Behind Bars for VKontakte Reposts
  23. Craigslist seller sentenced to 12 years for armed robbery of a buyer: Records search of phone number used on Craigslist posting led police to suspect.
  24. Canada Removes Ban on Exports and Technology Transfers to Belarus
  25. Will Yahoo Become A Patent Troll?
  26. Who Is Ready for Baseball’s Robot Umpires?: With the proliferation of technology in modern lives, Jason Gay asks where professional sports should draw the line
  27. NBC Is Going To Use Snapchat To Expand The Reach Of Its Rio 2016 Olympic Content
  28. YouTube Star Hank Green Rebukes ‘Value Gap’ Arguments
  29. Emojis: Copyright Law Can Turn Fun Little Symbols Into Big Headaches 
  30. Do You Own What You Own? Not So Much Anymore, Thanks To Copyright
  31. Regulators In Canada and the U.S. Signal Increasing Interest in the Internet of Things 
  32. Millennials prefer Netflix to live TV
  33. Streaming music has become Warner Music’s biggest business
  34. Will the Trans-Pacific Partnership Turn Silicon Valley Into Detroit?
  35. Marquette University’s Troubling Report on Faculty Blogger
  36. ‘The Revolution Will Be Digitized’: Panama Papers Leaker Speaks Out

CREATIVITY

  1. The Rolling Stones demand Trump stop using its music at rallies, but can the band actually stop him?
  2. Turkish President Erdogan Now Demands Injunction Against German Media Boss For Saying He Laughed At Anti-Erdogan Poem
  3. Evidence of gang ties does not include music on cell phones, court says: Use caution “when drawing conclusions from a defendant’s musical preferences.”
  4. There’s no cushioning this blow: Comparative advertising is copyright fair use (Rebecca Tushnet)
  5. Judge Refuses to Dismiss Lawsuit Over Crowdfunded ‘Star Trek’ Film: The use of Klingon — a language allegedly not copyrightable — in a not-yet-produced feature film can’t doom this lawsuit.
  6. Judge Says Copyright Case Against Star Trek Fan Film Can ‘Live Long’ And Possibly ‘Prosper’
  7. Minnesota Legislators Go Crazy, Pushing Dangerous PRINCE Act (EFF)
  8. Minnesota’s Broad Publicity Rights Law, The PRINCE Act, So Broad That It May Violate Itself
  9. Hasty action on a PRINCE Act would be pure folly: Take time to weigh the complex issues surrounding publicity rights, free speech, taxes and copyrights.  (William McGeveran)
  10. Public Enemy #1: The Trans-Pacific Partnership vs. Free Expression
  11. Trainor pulls video after she says her waist was altered
  12. Snowden interview: Why the media isn’t doing its job
  13. Meet the Woman Who Invented Cosplay: Myrtle R. Douglas, otherwise known as Morojo, rarely gets the credit she deserves for the worldwide phenomenon
  14. Exposing the David Miscavige of Furries: Dominic Rodriguez, director of the doc Fursonas, on the furry community—adults interested in dressing like anthropomorphic animals—and its charismatic, abusive de facto leader.
  15. Hollywood’s special effects industry is cratering, and an art form is disappearing along with it
  16. Signs with registered English only trademarks in Québec? Not a problem if you have sufficient and visible French somewhere close by
  17. The digital age of data art
  18. Baidu Pushes Back On Chinese Gov’t Investigation By Freeing Up Images Related To Tiananmen Square

COMMUNICATIONS & BROADCASTING

  1. Forget a Netflix Tax: How The Digital CanCon Review Can Shake Up the Status Quo (Michael Geist)
  2. BCE Strikes $2.5 Billion Deal for Manitoba Telecom
  3. Why Bell’s Bid to Buy MTS is Bad News
  4. Europe’s antitrust chief rejects Three-O2 merger in UK: Commissioner Vestager kills takeover plan, citing significant UK competition concerns.
  5. Europe’s Flimsy Net Neutrality Rules Go Live, Are Actually Worse Than No Rules At All
  6. The Disturbing Decline Of Sumner Redstone
  7. Cable lobby group: Broadband competition is bad for customers – FCC requires Charter to overbuild competitors, angering small cable providers.
  8. Feds probe mobile phone industry over the sad state of security updates: FCC and FTC coordinate probe of OS developers, hardware makers, and carriers.

SURVEILLANCE & PRIVACY

  1. Commissioner seeks public input on consent (Office of the Privacy Commissioner of Canada)
  2. Facebook Loses Bid to Dismiss Privacy Lawsuit Over its Facial Recognition Feature
  3. Facebook Gets Bad Ruling In Face-Scanning Privacy Case–In re Facebook Biometric Information Privacy Litigation
  4. Lauri Love case: NCA’s legal backdoor for crypto keys bid rejected by judge – National Crime Agency must use existing RIPA powers, judge rules.
  5. When A Fingerprint IS The Password, Where Does The Fifth Amendment Come Into Play?
  6. Is It Really That Big A Deal That Twitter Blocked US Intelligence Agencies From Mining Public Tweets?
  7. FBI Harassing Core Tor Developer, Demanding She Meet With Them, But Refusing To Explain Why
  8. Homeland Security Wants To Subpoena Us Over A Clearly Hyperbolic Techdirt Comment
  9. Oregon DOJ Encourages Surveillance Of First Amendment Activities; Acts Surprised When Agents Do Exactly That
  10. The Panama Papers — it’s still not over, source says
  11. Chinese ARM vendor left developer backdoor in kernel for Android, other devices
  12. UK Sports Star Threatens American Newspaper For Posting Public Information About His New Home
  13. Facing Privacy Tradeoffs to Restore Trust and the Rule of Law
  14. Is Blackberry’s Enhanced Security a Myth?
  15. Do Babies Have the Right to Privacy?
  16. The New Age of Surveillance

jon

News of the Week; May 4, 2016

GAMES

  1. inXile legal challenge forces indie dev to rebrand game: The Alien Wasteland now called Action Alien following cease and desist letter over “Wasteland” trademark
  2. Steam’s Sega Genesis mods: Tweaks, translations, and copyright infringement – New Steam Workshop support allows for uploading of arbitrary ROMs.
  3. Blizzard agrees to meet with team behind shut-down “pirate server”: “We are the ambassadors of a larger movement for the entire WoW community”
  4. PS4 boosts Sony to first full-year profit in three years
  5. Sony’s games business bolstered by rising PS4 sales
  6. Sony shipped 17.7 million PS4s in the last fiscal year: Operating profit for games up 84 per cent, while Network revenue doubled year-on-year
  7. How consoles survived the rise of the smartphone
  8. Nintendo stops selling indie game in an attempt to cut off 3DS hackers
  9. Smart device pivot could cost Nintendo at home
  10. Nintendo’s president gets grilled on its mobile business, NX plans
  11. “The roadmap for a successful Nintendo console is unclear”
  12. Nintendo to sell majority stake in Seattle Mariners
  13. Chinese mobile games market is now the most valuable in the world: Newzoo and TalkingData report pegs annual revenue for 2015 at $7.1 billion, rising to $10 billion this year
  14. Zynga’s latest results: Steady as she goes, under new CEO Gibeau
  15. Vivendi increases its stake in Ubisoft to almost 18%
  16. Gears of War 4 would have cost Epic $100m – Sweeney: Epic CEO also laments how “toxic and destructive” some publishing arrangements can be
  17. Survey: Less than half of U.S. households own dedicated game consoles
  18. Game over: Windows 10 update crashes pro gamer’s broadcast session on Twitch
  19. 7 million unsalted MD5 passwords leaked by Minecraft community Lifeboat: Worse still, service recommended “short, but difficult to guess passwords.”
  20. ZOMG! ACCC beats US gamers Valve and proves ACL applies to foreign companies
  21. How Games Are Helping Veterans Recover From Injury: Amputees and PTSD patients turn to virtual worlds
  22. Australian Parliament report calls for renewed game industry funding
  23. ESA loses three members
  24. Riot’s path to building a collegiate eSports program
  25. Social media is most common way to follow eSports – Survey
  26. Almost twice as many UK games now supported by Games Tax Relief
  27. Greenlighting a Niche Game: The Long Journey Ahead
  28. Guinness Record Set With 25 Continuous Hours in Virtual Reality
  29. Researcher Espen Aarseth wins $2.3M grant to create a theory of games 

DIGITAL

  1. On Trolling ([Aristotle] translated by Rachel Barney)
  2. How IBM’s new five-qubit universal quantum computer works
  3. Strange Smoke Signals From the NFL: The drama surrounding Laremy Tunsil underlined the ludicrousness of NFL Draft weekend, and the surreal environment of modern digital life
  4. Could YouTube Replace Your Cable TV?
  5. FTC strikes a blow against Amazon in IAP lawsuit: US judge calls out, “millions of dollars billed to Amazon customers without a mechanism for consent”
  6. Redaction Failure In FTC/Amazon Decision Inadvertently Allows Public To See Stuff It Should Have Been Able To See Anyway
  7. FTC rules don’t explain excessive redactions in FTC v. Amazon
  8. Voltage Pictures Launches Canadian File Sharing Lawsuit With Reverse Class Action Strategy (Michael Geist)
  9. Done properly, can a Creative Commons license make for an easy defense?
  10. Mississippi Attorney General Jim Hood Withdraws Google Subpoena As Google Appeals Court Ruling
  11. EU Regulators Can Barely Contain Their Desire To Attack Google And Facebook, Believing It Will Help Local Competitors
  12. Google Isn’t Required To De-Index Negative Ripoff Report (Eric Goldman)
  13. YouTube amends Content ID dispute process: Videos can now earn revenue while a Content ID claim is being disputed
  14. French National Assembly Votes (Sorta) To Finally Kill Its Three Strikes Hadopi Program
  15. Lessons From Prince’s Legacy And Struggle With Digital Music Markets
  16. Public Opinion toward Internet Freedom in Asia: A Survey of Internet Users from 11 Jurisdictions
  17. Nvidia and Samsung settle all existing patent litigation
  18. Death by GPS: Why do we follow digital maps into dodgy places?
  19. Bad drivers don’t think they’re bad: What Twitter tells us about road rage – Road deaths may be down, but accidents are on the rise.
  20. 10-year-old gets $10,000 bounty for finding Instagram vulnerability: Facebook pays out as part of its bug bounty program.
  21. Yahoo Just Lost a Deal Worth $100 Million a Year: More bad news for Marissa Mayer.
  22. The White House Considers Artificial Intelligence an Important Policy Issue
  23. Digital Gerrymandering and the Dangerous Influence of the Internet on Politics
  24. Rethinking Knowledge in the Internet Age (David Weinberger)
  25. Yes, All DRM (EFF)

CREATIVITY

  1. Looking for art in artificial intelligence
  2. Supervising Automated Journalists in the Newsroom: Liability for Algorithmically Produced News Stories
  3. Supreme Court to hear copyright fight over cheerleader uniforms: 3D printing companies are cheering for a cheerleading industry underdog.
  4. Did litigation kill the Beatles?
  5. ‘Zappa Plays Zappa’ Pits Zappa vs. Zappa
  6. Zappa Threatens Zappa Over Zappa Plays Zappa
  7. Copyright Holders Try To Stop Ravel’s ‘Bolero’ From Entering Public Domain Using Co-Author Trick
  8. Summary Judgment Upheld In Avatar Creators’ Favor After California Appellate Court Determines That Film Is Not Substantially Similar To Plaintiff’s Sci-Fi Work 
  9. The potential impact of Brown v. Canada on ownership of intellectual property by employers
  10. The New ‘Defend Trade Secrets Act’ Is The Biggest IP Development In Years (Eric Goldman)
  11. Productivity Commission calls for free import of books, copyright shake-up
  12. Australian Gov’t Commission: Copyright Is Copywrong; Hurting The Public And Needs To Be Fixed
  13. Productivity Commission’s recommendations on IP reform likely to be lost in election haze
  14. Illegality doesn’t negate copyright protection
  15. This Amicus brief written partially in Klingon is the nerdiest legal document you’ll read today
  16. Paramount Copyright Claim on Klingon Language Challenged in Klingon Language
  17. Salvatore Ferragamo Brings Trademark Claims Against Former NFL Quarterback’s Ferragamo Winery 
  18. Vice Media Sends Cease And Desist To ViceVersa Over Trademark Infringement
  19. What Happens in the U.S. Stays in the U.S.: IP Dispute Against Canadian Company Will Not be Moved to Canadian Forum 
  20. High Court finds that there was no goodwill in colours
  21. Why Do So Many Asian Brands Hire White Models?
  22. How Superman Defeated the KKK

COMMUNICATIONS & BROADCASTING

  1. The Digital CanCon Review: Be Wary of Old Whine in New Bottles (Michael Geist)
  2. The challenge of reshaping Canada’s cultural landscape
  3. New tariffs on the horizon after CRTC revamps rate-setting process for wholesale broadband Internet services 
  4. FCC proposes new price regulations for cable—but not for home Internet: New “special access” rules would put cable and phone companies on equal ground.
  5. Tom Wheeler: Comcast’s TV app proves the FCC is right about set-top boxes – Rules are needed, because “that which Comcast giveth, Comcast can taketh away.”
  6. ‘Broadcast’ rights do not cover internet streaming rights, says Australian Court
  7. EU slashes mobile roaming charges again, debuts net neutrality rules
  8. Brazil Has To Pause Adoption Of Broadband Usage Caps After Consumers Revolt

SURVEILLANCE & PRIVACY

  1. Challenges with the implementation of a right to be forgotten in Canada
  2. Canada’s spies in spat over privacy breach reporting: Communications Security Establishment says reporting details of privacy breaches would jeopardize secret spying operations.
  3. Secret US spy court approved everysurveillance request in 2015: Perfect batting average continues with the FISA Court two years in a row now.
  4. FBI Spent $1.3 Million To Not Even Learn The Details Of The iPhone Hack… So Now It Says It Can’t Tell Apple
  5. US woman forced to provide her fingerprint to unlock seized iPhone
  6. The government wants your fingerprint to unlock your phone. Should that be allowed?
  7. National Intelligence Office’s Top Lawyer Fires Off Spirited Defense Of Bulk Surveillance, Third Party Doctrine
  8. Legal quirk enabling surveillance state expansion absent Congressional vote
  9. Toymaker’s website pushes ransomware that holds visitors’ files hostage: Out-of-date Web app on Maisto.com causes site to attack its visitors.
  10. Privacy Commissioner of Canada cracks down on Mobile Health Devices
  11. You Can’t Escape Data Surveillance In America: The Fair Credit Reporting Act was intended to protect privacy, but its provisions have not kept pace with the radical changes wrought by the information age.
  12. The Chilling Effect Of Mass Surveillance Quantified
  13. Can Americans Resist Surveillance? (Ryan Calo)
  14. Norms of Computer Trespass (Orin Kerr)
  15. Incoded counter-conduct: What the incarcerated can teach us about resisting mass surveillance (Jessa Lingel, Aram Sinnreich)
  16. Berkeley Technology Law Journal Volume 30, Issue 3 (Open Data, Privacy Issue)
  17. If the Empire in Star Wars Had Big Data . .  (Daniel Soleve)

jon

News of the Week; April 27, 2016

GAMES

  1. Korean authorities arrest 8 forStarCraft II match-fixing
  2. 1666: Amsterdam legal battle ends – Patrice Désilets to obtain rights to 1666 Amsterdam from Ubisoft
  3. Blizzard finally breaks silence over Nostalrius’ closure
  4. Blizzard: Allowing pirate WoW servers would “damage [our] rights” – “Tremendous operational challenges” to setting up official “classic” servers.
  5. Ex-Game Maker Atari To Argue To The US PTO That Only It Can Make ‘Haunted House’ Games
  6. Sega enables legal modding of console games with Mega Drive emulation hub: Steam Workshop support will allow players to modify retro games such as Ecco the Dolphin, Golden Axe and Streets of Rage
  7. Alex St. John: Shut up and be grateful for your 80 hour weeks – “Wage slaves” should “shake off mental shackles” says multi-millionaire. [UPDATE: St. John’s daughter blasts his “toddler meltdown”]
  8. I am Alex St. John’s Daughter, and He is Wrong About Women in Tech
  9. UK games industry behind in female employment
  10. Hack affects 7 million Minecraft players: Lifeboat Network compromised in January, but company never informed player community
  11. PewDiePie asks fans to confront his “immature” past: YouTube has “grown past” insensitive use of language, but his community still pines for the good old days
  12. Entering the matrix: CJ Wilson Racing launches a virtual racing series – The team has recreated its car in Forza and is holding an e-racing championship.
  13. ESL launching 24/7 eSports channel
  14. Toca Boca acquired by Canadian toy firm Spin Master
  15. When mobile game investments dry up, that’s when Disney swoops in
  16. Titan MMO’s “horrific” collapse led to the creation of Blizzard’s Overwatch: Game director Jeff Kaplan describes his team’s, “ravenous hunger to show the world that we’re not failures”
  17. Microsoft financials: Minecraft’s doing better as Xbox revenues falter
  18. Mobile to overtake PC in $99.6bn global games market – Newzoo
  19. Nintendo’s tumbling profits underline need for new hardware
  20. See just how revenues split across PC, mobile, console, and handheld
  21. Hearthstone hits 50m players
  22. How Infocom fell to ruin under Activision’s watch
  23. How could an AI take down the world’s best StarCraftplayers?
  24. The Top 10 Weird Children Of Video Games and Neuroscience

DIGITAL

  1. Dissidents Worry #TwitterisDead After Company Hires Former Chinese Military Officer
  2. NYT: China bans Apple’s iBooks and iTunes Movies stores – Ban comes about six months after the services were introduced in the country
  3. In a first, US military plans to drop “cyberbombs” on ISIS, NYT says: Cyber Command plans to mount hacking attacks that disrupt ISIS operations.
  4. Tech titans are busy privatising our data: When Facebook and Google finally destroy the competition, a new age of feudalism will arrive (Evgeny Morozov)
  5. Just After EU Goes After Google For Antitrust, Microsoft Agrees To Drop All Antitrust Complaints About Google
  6. News Corp. Claims Google News Is An Antitrust Violation In Europe
  7. Why the EU is going after Google and not Apple
  8. Facebook defamation case awards significant damages
  9. Facebook Isn’t the Social Network Anymore
  10. The Shame and Glory of Yahoo’s China Adventure: In 2005, Yahoo got lucky when it made a deal with Jack Ma for a huge chunk of Alibaba stock. It also got humiliated when it revealed a dissident to the authorities
  11. Evidentiary Failings Undermine Arbitration Clauses in Online Terms
  12. Google is turning its search engine into a live TV guide
  13. Twitter CEO says ‘almost every sports league in the world contacted us’ after inking NFL deal
  14. Washington Redskins Appeal To SCOTUS On Trademark And Seek To Tie Their Case To That Of The Slants
  15. Steam expands its streaming movie biz with Lionsgate partnership
  16. Social Media and Jury Selection
  17. New Jersey Supreme Court Questions Ethics of “Friending” a Litigation Foe 
  18. How the DMCA silences cybersecurity experts, and makes all of us more vulnerable
  19. Court Dismisses Trademark Suit Brought By Racetracks Against Gaming Company Referencing Historical Races
  20. When a Robot Kills, Is It Murder or Product Liability?: An expert on robotics law responds to Paolo Bacigalupi’s short story “Mika Model.”
  21. Robots That Act Differently When You’re Around: The machines of the future will tailor their behavior to humans—and even individual personalities.
  22. How to Be Good: Why you can’t teach human values to artificial intelligence.

CREATIVITY

  1. Opinion: Aqua-gag — How the Vancouver Aquarium abuses copyright law to silence criticism (Katie Sykes)
  2. Copyright Maximalists And Lobbyists Celebrate Vancouver Aquarium Censoring Critical Documentary With Copyright
  3. The Prince of Copyright Enforcement
  4. Prince And Negativland: Strange Bedfellows Tilting At A Similar Copyright Windmill
  5. Lego Admits It Was a ‘Mistake’ Refusing Ai Weiwei Bricks for Art Exhibition: ‘Danish toy maker says it has changed policies on bulk sales to avoid future disputes
  6. The Erdogan Insult Mess: Dutch Reporter, German Politician Arrested For Mocking Erdogan; Swiss Art Exhibit Targeted Too
  7. Iranian Cartoonist Atena Farghadani’s Prison Sentence Reduced From 12 Years to 18 Months
  8. Copyright chaos: Why isn’t Anne Frank’s diary free now?
  9. Our Dated Model of Theatrical Release Is Hurting Independent Cinema
  10. For enthusiast media, ethics can be costly
  11. About Violence Against Women: If your job requires writing about important issues, having some idea of what you’re talking about is kind of necessary.

COMMUNICATIONS & BROADCASTING

  1. Why Federal Leadership on Universal Broadband is a Need, Not a Want (Michael Geist)
  2. A Radical Broadband Internet & Cultural Policy for Canada
  3. Federal Government Launches Review of Law and Policy on Canadian Cultural Content in an Age of Digital Disruption
  4. Regulators OK Charter-Time Warner merger
  5. FCC To Ban Charter Communications From Imposing Usage Caps If It Wants Merger Approval
  6. Comcast Preventing Customers From Accessing Starz Streaming App, Can Only Offer Flimsy Reasons Why
  7. Cold call firms that hide numbers face £2M fine, warns UK government: Repeat offenders also face fines of up to £500,000 from the UK’s data watchdog.
  8. When Music Pirates Used Pirate Ships: Renegade radio stations in the ’60s challenged government control of the airwaves from international waters and helped launch the rock revolution. 

SURVEILLANCE & PRIVACY

  1. BeautifulPeople.com Leaks Very Private Data of 1.1 Million ‘Elite’ Daters — And It’s All For Sale
  2. From Ashley Madison to the Panama Papers: Is Hacked Data Fair Game?
  3. FBI Allegedly Paid More Than $1 Million To Get Into Encrypted iPhone… And To Avoid Setting Legal Precedent It Didn’t Like
  4. FBI paid at least $1.3M for zero-day to get into San Bernardino iPhone: FBI Director James Comey: “But it was, in my view, worth it.”
  5. Feds: someone gave us the passcode in NY drug case, so we don’t need Apple – In February, judge warned of “virtually limitless expansion” of gov’t authority.
  6. UK intel agencies spy indiscriminately on millions of innocent folks: Docs revealed by court order show only flimsiest safeguards against abuse.
  7. Court Says National Security Letters Are Now Constitutional Under USA Freedom Act
  8. FISA Court Still Uncovering Surveillance Abuses By NSA, FBI
  9. House Reps To James Clapper: No, Really, Stop Ignoring The Question And Tell Us How Many Americans Are Spied On By NSA
  10. Indian Government Agencies Demand Access To WhatsApp Messaging Groups
  11. Court Tells Cops They Can’t Open A Flip Phone Without A Warrant
  12. The Fourth Amendment in the Information Age (Robert S. Litt)
  13. Chilling Effects: Online Surveillance And Wikipedia Use (Jonathon W. Penney)

jon

News of the Week; April 20, 2016

GAMES

  1. Ark dev settles lawsuit over game’s origins and staff
  2. Sega embraces legal console game modding with new Genesis PC emulation hub: Steamworks integration allows for legit distribution of modified console classics.
  3. The Mess That Came After Nintendo Fired An Employee
  4. This horrifying and newly trendy online-harassment tactic is ruining careers
  5. Sexual harassment in online videogames: What we found so far
  6. Rust hits 3.5m sales amidst concerns over gender, race assignment: Facepunch has found success in Early Access, but recent changes have ignited a debate within its audience
  7. The Great Grand Theft Auto Lawsuit Explained
  8. Fable Legends’ closure marks the end of Lionhead Studios: Microsoft is in the process of issuing refunds to those who purchased in-game currency after beta is taken offline
  9. Shining light on the unregulated gambling rings ofCounter-Strike: GO
  10. Division players could be “punished” for using in-game glitch: Ubisoft struggling with reportedly widespread use of hacking and exploits.
  11. The eGames Are Hoping To Be The Olympics Of eSports And They Are Coming To Rio 2016
  12. Survey: eSports fans are a small (but overwhelmingly male) demographic
  13. eSports involvement actually greater among women than men – PwC: “The eSports consumer is young, racially diverse, tech-savvy and often female”
  14. Survey: First-person shooters are the most popular eSport to watch
  15. Collegiate League of Legends clash to be televised in the U.S.
  16. GameStop unveils publishing label GameTrust
  17. Mobile games help China leapfrog Japan on iOS revenue charts
  18. Superdata downgrades VR forecast again
  19. Oculus “don’t condone” HTC Vive software hacks
  20. Inside ‘La Guilde,’ Quebec’s new independent development cooperative
  21. F1 and Dirt dev Codemasters posts first profit in five years
  22. How League of Legends dev Riot is using science to create safer online spaces
  23. The Minecraft Generation: How a clunky Swedish computer game is teaching millions of children to master the digital world.
  24. The player dynamics of a World War in EVE Online
  25. How video games helped the world cozy up to computers
  26. New study examines ‘violent-sexist’ video games’ affect on player empathy towards female victims of violence
  27. The Game Outcomes Project, Part 4: Crunch Makes Games Worse
  28. New Magic Leap Video Shows Your Home as a User Interface
  29. Hyper Vision: The world’s hottest startup isn’t located in Silicon Valley—it’s in suburban Florida. KEVIN KELLY explores what Magic Leap’s mind-bending technology tells us about the future of virtual reality.
  30. After nearly 20 years, game modding hub GameFront is shutting down
  31. Help save 17 years of PC game modding history: Download your backups before GameFront’s mod-hosting platform shuts down April 30.
  32. Achievement locked: Microsoft ceases Xbox 360 production

DIGITAL

  1. Supreme Court Says It Won’t Hear Authors Guild Appeal Over Google Books Ruling
  2. Be Glad the Supreme Court Ended the Google Books Case
  3. Important Fair Use Decision Stands, Helps Keep Authors’ Works Findable (Pamela Samuelson)
  4. Authors Guild Petulantly Whines About How Wrong It Is That The Public Will Benefit From Google Books
  5. The ghost of Aereo rises: Local TV streaming coming to Sling TV, sources say – With a box called “AirTV,” people could have local TV beamed to the Sling app.
  6. Kanye West promises Tidal exclusive, fan sues when new album surfaces elsewhere: Lawsuit says Tidal now has the ill-gotten personal information of millions of users.
  7. USTR Finally Recognizes That The Internet Matters… And That Censorship, Site Blocking & Link Taxes Are Barriers
  8. Anti-innovation: EU excludes open source from new tech standards
  9. EU Regulators Seem To Think They Can Tell YouTube That Its Business Model Should Be More Like Spotify
  10. EU Officially Goes After Google’s Android On Antitrust Grounds
  11. Antitrust chief: Google’s restrictions on Android device makers breach EU law – Google has three months to respond to charges imposed on it in prelim EU decision.
  12. Competition Bureau completes extensive investigation of Google: Bureau continues to monitor competition issues in the digital economy
  13. Optometrists Push For State Laws Blocking Online Eye Exams
  14. Analyst: Netflix largest US network by 2019
  15. Swedish Women’s Soccer League Chooses To Broadcast Via Digital Instead Of Televisio
  16. Investigating the algorithms that govern our lives
  17. The Secret Rules Of The Internet: The murky history of moderation, and how it’s shaping the future of free speech
  18. How Hacking Team got hacked
  19. Sevens Marry Sevens: Is Online Dating Making Mixed-Attractiveness Couples More Rare?
  20. What happens when robots are assigned ethnicities?

CREATIVITY

  1. Copyright Injunction Covers Vancouver Aquarium Video
  2. Klingon Language Creator Responds To Ownership Claims: Marc Okrand doesn’t own it, but not sure if Paramount or CBS does either
  3. Artist who painted nude Donald Trump portrait says his legal team has threatened lawsuit 
  4. Interlocutory injunction orders removal of 15 segments from published movie
  5. You Pay to Read Research You Fund. That’s Ludicrous
  6. Public Domain Citation Book, Baby Blue, Renamed To Indigo Book, Following Harvard Law Review Threats
  7. Can Lawyers ‘Overcome’ The Bogus Copyright On ‘We Shall Overcome’ And Free It To The Public Domain?
  8. Academics to PricewaterhouseCoopers: You Got It Wrong on the Benefits of Fair Use
  9. Reconceptualizing Copyright’s Merger Doctrine (Pamela Samuelson)
  10. I Photoshopped Kanye Kissing Himself And A Famous Artist Reportedly Made $100,000 Off It
  11. DreamWorks: Stop Whitewashing Asian Characters!
  12. Bernie Sanders’ Campaign Joins Too Many Other Presidential Campaigns In Abusing Trademark Law
  13. Yes, Led Zeppelin took from other people’s records – but then they transformed them: Life as a Zeppelin fan would be much easier if they had come up with every idea themselves. But they always turned their borrowings into something greater than the source
  14. Foundation for the Lost Boys and Girls of Sudan v. Alcon Entertainment (N.D. Georgia, March 23, 2016) 
  15. Canadian Copyright Bill for the Blind in Need of Fine Tuning (Michael Geist) 

COMMUNICATIONS & BROADCASTING

  1. Guilty Pleasures and Proper Needs: Who Gets What Kind of Internet, and Who Decides? (Dwayne Winseck)
  2. Telus Trifles with Telephone History to Service its Constrained View of Universal, Affordable Broadband Internet Access Today
  3. House votes to undermine net neutrality rules, and ISPs cheer: Vote to ban “rate regulation” would limit FCC’s consumer protection powers.
  4. White House Threatens To Veto Bill Attempting To Gut Net Neutrality, Defang FCC
  5. Obama supports cable box competition and—surprise—cable lobby is angry
  6. From Russia with a licence? The Federal Court of Australia on retransmission of international TV broadcasts and proving licences

SURVEILLANCE & PRIVACY

  1. Apparently Hacking Syed Farook’s iPhone Accomplished Nothing (Other Than Making Everyone Less Safe)
  2. Apple holds steadfast, refuses to help feds access seized iPhone in NY drug case – Apple: Feds have not shown they have “exhausted other potential repositories.”
  3. Canadian Law Enforcement Can Intercept, Decrypt Blackberry Messages
  4. UK secret police are indiscriminately spying on millions of innocent people: New docs revealed by court order show staggering surveillance by MI5, MI6, GCHQ.
  5. Microsoft Sues Government Over Its ECPA-Enabled Gag OrdersUS court agrees with feds: Warrants aren’t needed for cell-site location data – Data placed suspects near a string of Radio Shack and T-Mobile store robberies.
  6. EFF Sues DOJ Over Its Refusal To Release FISA Court Documents Pertaining To Compelled Technical Assistance
  7. Government Access to Private Data: Microsoft Opens a New Front in the Battle for Consumer Privacy 
  8. Want to sue Ashley Madison over data breach? You must use your real name: Judge weighing if data hacked from the cheating site may be used at trial.
  9. Rejection is coming: Obama’s Game of Thrones screener is likely FOIA-proof

jon