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Recent Digital Media Cases of Note

By Jon Festinger on April 1, 2013

A couple of cases I thought you mind fight interesting:

1) First, a case dealing with copyright exhaustion in the digital media context, distinguishing a recent USSC case that dealt with copyright exhaustion as it applies to conventional media: http://www.nbcnews.com/technology/technolog/no-you-cant-re-sell-digital-music-online-judge-tells-1C9145353

2) Second, a 2nd Circuit case allowing users to make private retransmissions of TV content: http://www.theverge.com/2013/4/1/4170312/aereo-wins-major-court-battle-against-tv-networks

-Roch

UPDATE: April 1, 2013 @ 1:41pm: Also, NFL and ex-NFL players seek approval of $42 million settlement re: use of players’ personality rights: http://about.bloomberglaw.com/law-reports/nfl-former-players-seek-court-approval-of-settlement-in-right-of-publicity-dispute/

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Guest @ April 3 Class

By Jon Festinger on April 1, 2013

Steve Rechtschaffner who has a long and storied video game career will be our guest for the final class. He is going to take on the subject of the future of games and the future of the industry.

Here is Steve’s bio:

“Steve has 25+ years of pioneering in the worlds of branded entertainment, product marketing and digital entertainment.  He has changed how we think about wrist watches, live events, home fitness, video games, snowboarding and how we experience entertainment in the living room. He’s recently reconnected with some former EA friends, and together they have launched a disruptive mobile games & advertising platform called Play4Perks.

His life-long focus has been on “combining innovation and entertainment to create exciting and sustainable growth for brands and businesses.  Over the years, Steve has done this for Swatch, Electronic Arts, Microsoft, Reebok, Converse, the U.F.C., ESPN, FOX TV and the U.S. Ski Team, amongst others.

Non-professional time for Steve is spent practicing yoga, riding his bike, trying to become a kite surfer, while also being a husband and father of 3 offspring.”

jon

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The Fair Use/Fair Dealing Handbook

By Jon Festinger on April 1, 2013

A compilation of Fair Use/Fair Dealing provisions from over 40 countries around the world: http://infojustice.org/wp-content/uploads/2013/03/band-and-gerafi-2013.pdf

jon

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Re-Mission: violent video game with a positive outcome?

By Jon Festinger on March 29, 2013

HopeLabs developed a video game designed for teenagers and young adults with cancer. In the game, players navigate within the human body — using violent video game tactics — to target cancer cells, infections, and side-effects of treatment.

http://www.hopelab.org/innovative-solutions/re-mission%E2%84%A2/

The game is touted as one of a number of uses of video game violence with positive outcomes, contrasted sharply to other concerns often heard in the media. Discussed in one article that was part of a 2010 American Psychological Association journal special edition on the effects of video game violence, Re-Mission was reported to have increased self-efficacy, treatment adherence, and knowledge of cancer by those who played the game.

http://www.apa.org/pubs/journals/releases/gpr-14-2-68.pdf (see p 77)

The APA special edition was overall quite critical of research that suggests an otherwise direct link between video game violence and real-world violence. A discussion of the special edition’s findings, and public links to all the articles in it, can be found here:

http://www.apa.org/news/press/releases/2010/06/violent-video-games.aspx

 

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Week 12

By Jon Festinger on March 28, 2013

Jon’s Talk March 27,2013: “The Terminator & the Orc”

Download the PowerPoint Slides

 

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University of Pennsylvania Law School I.P. Symposium “Creation Nation: IP & The Rise of Prosumerism” Friday, March 29, 2013

By Jon Festinger on March 28, 2013

Am honoured to be speaking on a panel with Greg Lastowka and Mark Methenitis on modding and video games. The entire program (which is excellent  and covers legal challenges in fan fiction and 3D printing as well) is here: 2013 Symposium » Penn Intellectual Property Group.

There will be a live stream of the event which should be up about ten minutes before it formally convenes at 2 PM EST. Accodingly you should be able to link to the stream beginning around 10:50 AM PST here:  https://www.law.upenn.edu/newsevents/live/webcast.php?vid=rooms/videogk100

jon

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News of the Week; March 27, 2013

By Jon Festinger on March 28, 2013

1. Bug in EA’s Battlefield Play4Free allows attackers to hijack players’ PCs: http://arstechnica.com/security/2013/03/bug-in-eas-battlefield-play4free-allows-attackers-to-hijack-players-pcs/

2. Kaiju Combat Kickstarter Suspended Over Trademark Infringement Claim: http://www.gamepolitics.com/2013/03/21/kaiju-combat-kickstarter-suspended-over-trademark-infringement-claim#.UU9pWb_R1Lx

3. Video Game Retailers Receive High Marks from 2012 FTC Secret Shopper Survey: http://www.gamepolitics.com/2013/03/25/video-game-retailers-receive-high-marks-2012-ftc-secret-shopper-survey#.UVHvg7_R1Lw

4. New Research Suggests Extended ‘Screen Time’ Does Not Breed Bad Behavior in Young Children: http://www.gamepolitics.com/2013/03/26/new-research-suggests-extended-screen-time-does-not-breed-bad-behavior-young-children#.UVI0xr_R1Lw

5. Pratchett: Nobody talks about how well Nathan Drake represents men: http://www.gamesindustry.biz/articles/2013-03-21-pratchett-nobody-talks-about-how-well-nathan-drake-represents-men?utm_source=newsletter&utm_medium=email&utm_campaign=european-daily

6. Developer takes aim at gun control debate: http://www.gamesindustry.biz/articles/2013-03-20-the-best-amendment-game-tackles-gun-control?

7. Piracy and plush counterfeits key to Plants v. Zombies’ surprise success in China: http://www.polygon.com/2013/3/26/4146676/plants-vs-zombies-china-great-wall-edition-gdcs

8. Oculus Rift: Seeing is Believing: http://www.gamespot.com/events/gdc-2013/video.html?sid=6405910

9. Wiretap laws apply to text messages, court rules: http://www.cbc.ca/news/technology/story/2013/03/27/technology-telus-text-messages-scc-decision.html

10. Microsoft Releases Report on Law Enforcement Requests: http://www.nytimes.com/2013/03/22/technology/microsoft-releases-report-on-law-enforcement-requests.html?nl=technology&emc=edit_tu_20130321&_r=1&

11. What You Didn’t Post, Facebook May Still Know: http://www.nytimes.com/2013/03/26/technology/facebook-expands-targeted-advertising-through-outside-data-sources.html?nl=technology&emc=edit_tu_20130326&_r=0

12. Is the Computer Fraud and Abuse Act the ‘worst law in technology’?: http://www.guardian.co.uk/commentisfree/2013/mar/20/computer-fraud-abuse-act-law-technology

13. Why Nevada’s first online gambling license is more symbol than substance: http://gigaom.com/2013/03/26/why-nevadas-first-online-gambling-license-is-more-symbol-than-substance/

14. US Senate votes in favor of proposed nationwide internet sales taxes: http://www.theverge.com/2013/3/23/4138388/us-senate-marketplace-fairness-act-of-2013-symbolic-vote-results-internet-sales-tax

15. Judges as Bad Reviewers: Fair Use and Epistemological Humility by Rebecca Tushnet: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2230071

jon

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Pennsylvania stadium adds video games to bathrooms

By arshana on March 27, 2013

How do we feel about “hands-free” urinal video games?

http://www.torontosun.com/2013/03/27/pennsylvania-stadium-aims-to-please-fans-with-urinal-video-games

I guess my concern is, how does a hands-free game publish top scorer names without players touching anything?

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Guest Speakers from EA – March 28, 2013

By Jon Festinger on March 25, 2013

We have the privilege of having a team of two guest speakers from Electronics Arts Inc. with us this week.

Electronics Arts Inc. was incorporated in 1982. EA was a pioneer in the development of home video games.  EA is an international company with numerous locations in Canada, including Vancouver. EA develops and publishes games under several labels including EA Sports titles, Madden NFL, FIFA Soccer, NHL, NCAA Football, SSX and NBA Jam.  In recent news, their website announced (March 20, 2013) the launch of “Yogify”, a new yoga app created by EA Sports.

Anoop Desai, Director of Business Affairs for Electronic Arts Inc.

After graduating from UBC with a B.Comm (Finance), Anoop obtained his law degree from the University of Calgary before returning to Vancouver to practice at AHB&L LLP in the areas of general corporate commercial, M&A, securities and intellectual properties law. As Director of Business Affairs, Anoop architects and negotiates a variety of development, digital distribution and publishing partnerships for current and emerging platforms.

FUN FACT:  Google search results of ‘Anoop Desai’ notwithstanding, Anoop was never on American Idol.  

Brian Dartnell, Senior Counsel at Electronics Arts Inc.

Brian graduated from Osgood Hall Law School in 1996.  He completed a Judicial Clerkship at the British Columbia Court of Appeal from 1996-1997.  He articled at Owen Bird and was called to the Bar in British Columbia 1998.  Brian then worked as associate at Owen Bird, practicing in general corporate commercial litigation from 1998-2000.  He as an Associate at Gowling Lafleur Henderson, where he practiced labour and employment law from 2000-2005.

Brian’s role as Senior Counsel at EA:

Brian is responsible for the oversight and delivery of legal services to the Canadian based EA development studios. Responsible for the management of the Canadian Legal team which includes lawyers, para-legals, immigration specialists and administrative assistants.

FUN FACT:  Brian has completed 5 Ironman races in the last 6 years.

 

For more information, take a look at the following:

2010 Canadian Lawyer Magazine article.  The link is: http://www.canadianlawyermag.com/Hes-in-the-game.html

Lawyers Weekly Article, “Gaming Paradise”.  The link is:  http://www.lawyersweekly-digital.com/lawyersweekly/ic2011fall?pg=30#pg30

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Microsoft XBox Panned for Virtual Thefts, Disputed Charges

By Jon Festinger on March 25, 2013

take a look at this CBC article from March 25, 2013, that deals with “virtual theft” of a young gamer’s players that he purchased on-line.  Our own Professors Jon Festinger and Joel Baken of UBC Law also provide some expert commentary on this situation.

link:http://www.cbc.ca/m/touch/news/story/2013/03/22/bc-fifa-hacking.html

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