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NHL23 Release Week: A Move Towards Gender Equality, Diversity, & Inclusivity

It is officially NHL23 release week!

The 2023 instalment of EA’s annual NHL series is set to launch globally on October 14, 2022, and, for the first time, includes female hockey players. Specifically, IIHF Women’s National Team members are included in the game for the first time in EA’s 30+ year production of its NHL video game series. Although the inclusion of female players is a positive step for EA towards gender equality and diversity, their inclusion in NHL23 is not without controversy. Three major complaints have been discussed at large by the gaming community: (1) EA’s choice for NHL23’s cover athletes (and their attire), (2) the limitation on use of female players, and (3) comparative ratings between male and female players. First, the Twitter community has made numerous comments that cover athletes Trevor Zegras and Sarah Nurse are not the correct choices for the face of EA’s NHL series. Specifically, displeased fans note that neither Zegras nor Nurse were among the “top” or “most popular” choices, while others complain that the cover athletes sporting “street gear” in front of palm trees and clear skies is a poor reflection of the NHL. Second, and more concerningly, the inclusion of female players appears initially limited, as they will seemingly only be available in one game mode: Hockey Ultimate Team (“HUT”). Although it remains to be seen whether female players will be available in additional modes, initial reviews indicate that only male players will be available for use in common game modes such as “Franchise” and “Be a Pro”. Lastly, given that both male and female players will be available for use in HUT (and both will be available for use on the same team), there is debate about whether the top female players should have unscaled ratings that rival the top male NHL players. For example, the top female player in the game is Marie-Philip Poulin, who is a 94 overall. Comparatively, the top male player in the game is Connor McDavid, who is a 95 overall. Thus, public discourse has asked whether the top NHL players should have a competitive ratings edge over their female counterparts. In conclusion, although the decision to include female players in NHL23 is a positive and correct move for the EA franchise, it will be interesting to see whether any adjustments are made to female players (from a ratings and game mode perspective) and how NHL23 sales measure up against its predecessors.

Sources:

  1. Cover Athlete Complaints: https://firstsportz.com/nhl-news-twitter-continues-bickering-over-canadian-forward-trevor-zegras-and-olympian-sarah-nurse-on-cover-for-ea-sports-nhl-23/
  2. Female Player Game Modes: https://news.ea.com/press-releases/press-releases-details/2022/EA-SPORTS-NHL-23-Brings-Players-Together-With-Most-Socially-Connected-Chel-Experience-Ever-and-Adds-Womens-Players-to-Ultimate-Team-Coming-October-14/default.aspx
  3. Ratings Controversy: https://www.reddit.com/r/EA_NHL/comments/x8dk7e/sarah_nurse_nhl_23_rating_reveal_90_ovr/

Copyright Protection of Tattoos on Professional Athletes “Reproduced” in Video Games

Mike Tyson (2019) whose tattoo, created by artist S. Victor Whitmill, was reproduced in the ‘The Hangover 2’ (Image Credit: Glenn Francis CC BY-SA 4.0 via Wikimedia Commons)

 

As per s. 3 of the Copyright Act in Canada, the owner of the copyrighted work has the sole right to produce and reproduce work or any substantial part thereof [1].

These works include artistic works, a category which includes tattoos created by tattoo artists and inked on satisfied and unsatisfied customers around the world.

Although, there has been no case to date in Canada ruling on the extent of copyright protection available to tattoo artists, there are a plethora of cases in the US and Europe. What recourse does a tattoo artist have when a client decides to have their likeness reproduced (e.g. magazine, video game) in a manner which displays the tattoo that is subject to copyright protection?

I came across a recent article published on Reuters [2] regarding a US District Court for the Southern District of Illinois judgement that awarded tattoo artist, Catherine Alexander, $3,750 in damages against the World Wrestling Entertainment Inc. and Take-Two Interactive Software Inc.  for recreating tattoos she made for wrestler, Randy Orton in the WWE 2K video-games series without her permission.

The Jury rejected WWE and Take-Two’s defence that the game made fair use of the tattoos.  However, the Court declined to award Alexander any profits from the games that she said were attributable to her work.  Perhaps this is unsurprising given you would be hard pressed to find any would be purchaser of the game that refused to purchase the game because a tattoo was missing.  Unfair?

From my perspective once the tattoo is placed on your body, the tattoo resembles something more to a person than say a photograph to a photographer, who has the photograph replicated in a magazine.  My take on this is similar to the position that the Belgian Court of Appeal took in JDH v. HM, a 2009 ruling [3].  The Belgian Court ruled that while the tattoo artist did own copyright in his tattoo design, this right was limited by the personality rights of the tattooed person.

The tattoo in this sense essentially becomes a part of your body.  How do you feel this form of artistic work should be assessed in balancing artistic incentive to create and the user’s right to display the tattoo in a manner they see fit?

[1] Copyright Act, RSC 1985, c C-42, s 3.

[2] https://www.reuters.com/legal/litigation/wwe-video-game-maker-owe-artist-depicting-wrestlers-tattoos-jury-says-2022-09-30/

[3] JDH v JM, (2009) 2007/AR/912 (Juridat) at para 9 (Ghent CA).

Kyler Murray & Call of Duty: Unprecedented “Independent Study” Contract Addendum

Our discussion last class about the Vancouver Canucks’ leadership banning video games while on the road in 2018 reminded me of a similar development: Kyler Murray’s new NFL contract with the Arizona Cardinals. Murray’s contract, which pays him $230,500,000 over the next five years, contained an unprecedented “independent study” addendum. Specifically, the independent study addendum stated that Murray “shall complete at least four hours of Independent Study each week during each playing season during the term of the contract.” “Independent Study” was later defined as time that Murray spent studying “the material provided to him by the [Cardinals] in order to prepare for the [Cardinals’] next upcoming game”. Most interestingly, the addendum stated that Murray “shall not receive any credit for Independent study with respect to any time periods during which . . . [Murray] is engaged in any other activity that may distract his attention (for example, watching television, playing video games or browsing the internet)”.

Part of the reason that the independent study addendum (and, relatedly, the quasi-prohibition on playing video games) stirred up so much controversy is that Murray is an avid Call of Duty (“COD”) gamer. After the addendum was leaked to the media, a few different statistical analyses revealed two concerning trends: (1) Murray played worse during COD Double Experience Points (“2XP”) weekends and (2) Murray’s statistical output decreases (and continue on a downward trend) every season once the new annual COD edition is released. During 2XP weekends, for example, Murray’s passer rating, passing yards per game, completion percentage, and winning percentage all noticeably decrease. Further, an analysis of Murray’s fantasy football statistics is also concerning (fantasy football statistics provide a metric to assess Murray’s statistical output from a purely individual perspective). Before the annual COD release date, Murray averages 22.5 fantasy points per game. In games played after the annual COD release, however, Murray only averages 17.4 fantasy points per game—a 22.7% decline. Although potentially unrelated, the data over Murray’s three-year career appears to tell an interesting story: on 2XP weekends and following a new COD release, Murray is more worried about his K-D ratio than his upcoming NFL opponent. Thus, it appears that when given an opportunity to play the game he loves, Murray is choosing COD over football.

After much public scrutiny, the addendum was unsurprisingly removed from Murray’s contract less than two weeks after the contract was initially signed. Including the addendum was questionable from the outset for three primary reasons. First, why would a professional NFL franchise invest over $230 million in a player whom they believed was not dedicated enough to study his opponent before each game? Second, why would Murray’s agent (Erik Burkardt) allow an addendum that questions his client’s work ethic be included in the contract? Lastly, who leaked the addendum to the media? Such details are not commonly available to the general public, and public discourse seemingly believes it was the Cardinals who leaked the addendum to “motivate” (embarrass?) Murray to be a better student of the game for the 2022 season. Four games into his colossal new contract, Murray’s individual performance has been strong, but he has led the Cardinals to a mediocre 2–2 start to the 2022 season. With the new COD (Modern Warfare 2) set to release on October 28, 2022 (a mere two days before Murray’s Cardinals play the Vikings in Minnesota), it will be interesting to see if Murray and the Cardinals regress over the second half of the 2022 NFL season.

Sources:

  1. General Story Details: https://www.insider.com/kyler-murray-contract-homework-clause-removed-cardinals-2022-7
  2. Vancouver Canucks Video Game Ban: https://theprovince.com/sports/hockey/nhl/vancouver-canucks/canucks-players-put-in-video-game-ban-on-the-road
  3. Independent Study Addendum: https://twitter.com/RapSheet/status/1551661427949174784/photo/1
  4. Call of Duty Statistics (2XP Weekends): https://ftw.usatoday.com/lists/cardinals-kyler-murray-call-of-duty-stats
  5. Call of Duty Statistics (New Release): https://www.washingtonpost.com/sports/2022/07/26/kyler-murray-cardinals-homework/
  6. Addendum Removed: https://www.nfl.com/news/cardinals-remove-independent-study-clause-from-kyler-murray-s-contract

Overwatch 2 DDoS

As of Tuesday (October 4, 2022), players of the popular game “Overwatch 2” have been unable to access the games online servers (see https://kotaku.com/overwatch-2-queue-times-ddos-connection-failed-launch-1849616598). The issue has been attributed to a mass distributed denial of service (DDoS) attack. The attack is executed by maliciously flooding servers with traffic to prevent others from connecting.

I was interested about the legality of such attacks in Canada. After conducting some research, I found s 430(1.1) in the Criminal Code – “Mischief in relation to computer data”. The section states that:

Everyone commits mischief who willfully…

(c) obstructs, interrupts or interferes with the lawful use of computer data; or

(d) obstructs, interrupts or interferes with a person in the lawful use of computer data or denies access to computer data to a person who is entitled to access to it.

It seems then that Parliament has turned its mind to this modern issue by specifically addressing the denial of access to computer data. The maximum penalty for an offence under s 430(1.1) is 10 years imprisonment. Attacks like the one Overwatch 2 is currently facing can therefore hold serious consequences for the perpetrators, at least in Canada.

Mario Movie’s First Trailer on Oct 6

Nintendo has announced a Nintendo Direct presentation to reveal the first trailer for the Super Mario Bros. Movie. Nintendo Direct will begin a live stream for the first trailer at 1:05 pm PT on Oct 6 via the link here.

The film is currently set to debut on April 7, 2023, in North America.

We have seen video game industries entering the movie production sphere and having great success. For example, see the League of Legends animated series Arcane. I am looking forward to seeing what Nintendo has to offer this time.

 

Source: https://www.gamespot.com/articles/nintendo-direct-coming-thursday-focused-on-the-mario-movie/1100-6507998/

https://www.ign.com/articles/super-mario-movie-nintendo-announces-a-direct-for-the-first-trailer-and-reveals-a-very-detailed-poster

The PS5 Has Been Jailbroken

Link to article: https://www.ign.com/articles/ps5-jailbreak-pt-jailbroken

The PS5 has seemingly been jailbroken. Jailbreaking is a process in which someone reverse engineers closed software allowing them unauthorized access to software, like video games. Once a PS5 is jailbroken the user can no longer access the online features of a game but they are free to download any games on the Playstation Store for free. This particular jailbreak currently only works on PS5’s running firmware 4.03 which was released in October 2021 but may further be expanded to other versions. Many users that jailbroke their PS5s took the opportunity to download the “lost game” P.T. which was released in 2014 and taken off the PS5 store sometime later making it impossible for players to download the game. It remains to be seen whether jailbreakers will expand the jailbreak to other versions of the PS5’s firmware, a prospect I am sure makes Sony quite worried. While jailbreaking your console, to my knowledge, is not itself illegal, there are a lot of IP considerations brought forth by the illegal download of games using the jailbreak method.

Class 4 – “Right to Create or Rights to the Creation”

Slides and video below…

Jon

Musqueam Art Featured in FIFA 23

Today being the National Day for Truth and Reconciliation, I came across this article on the CBC. EA collaborated with the Musqueam First Nation in designing and including Indigenous artwork in their latest iteration of FIFA. It may be a very minor gesture, but I found this to be a thoughtful addition to the game.

https://www.cbc.ca/news/canada/british-columbia/musqueam-artwork-fifa-23-1.6594845

 

Class 3 – 9.21.22 “John Milton Plays Grand Prix Legends”

Slides & video below…

Jon

Gambling and Twitch

https://www.npr.org/2022/09/22/1124384092/twitch-bans-some-gambling-content-after-an-outcry-from-streamers [link to the article on Twitch banning gambling]

https://kotaku.com/twitch-gambling-scam-pokimane-mizkif-hasanabi-strike-1849554448 [link to article on the scandal that led to these changes]

We have looked briefly at gambling in video games in the form of loot boxes in the first few weeks of class, and have discussed how various countries throughout the world ban games that promote or include forms of gambling. It appears one of the major reasons behind this is conflicts with national laws and gambling, especially with respect to underage gambling and the effects it may have on youth gamers.

Just recently, Twitch, a major streaming platform, has moved to ban some forms of gambling on their site. This includes things such as dice, slots and roulette, and various other forms of unlicensed gambling. This ban on streaming of gambling comes in response to a scandal in which a famous streamer scammed Twitch users out of at least $200,000 to fuel his gambling addiction. This streamer reached out to the community stating that he was in need, and that his bank account was frozen. However, this was all a lie, and he was using this money to fund his gambling habit, which included purchasing new skins and items on the game Counter-Strike: Global Offensive.

In response to this scandal becoming public, a number of major Twitch streamers made it clear that they would no longer use the platform to stream unless Twitch took initiative and made changes to prevent something like this happening.

Ultimately, Twitch took the route to ban some gambling, but not all. Notably, games such as poker and eSports betting are still allowed on the site.

This changes to Twitch’s policies are set to be in force as of October 18.