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Class 9B – 11/25/20; Asynchronous Class “Games, Politics & Our Branded Lives” – The Slides (V.1)

By Jon Festinger on November 25, 2020

Here are the slides from our collaborative class. Have also put the original video below for convenience. Though hopefully the slides can stand on their own a starting point for your own version/feedback/branching narrative…

Jon

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Class 11 – 11/18/20; Synchronous Presentations “The Cheaters” & “Bandersnatch and Course Themes”

By Jon Festinger on November 23, 2020

Video and slides from our November 18 class below…

Jon

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Current Copyright Law … Is It Working?

By jessica jacobson on November 22, 2020

Hi everyone!

Here is my term project on the effectiveness of copyright law – enjoy!

Some background:

A while back we discussed Jessica Silbey’s book The Eureka Method and her finding that current copyright law does not really reflect how artists work.

When reading her book, I found that it focused heavily on artists who were intrinsically motivated to create. They created art because they loved doing it or because they loved being in creative environments.

The cynic in me wondered if the reason that copyright law didn’t reflect how Silbey’s interviewees really worked was because it was created for people who are motivated by the ability to make money off of their work.

To explore this further, I interviewed Julian Ing, the founder of Vancouver-based social gaming company, Eruptive Games (which has since been sold). I knew that Julian had started the company, not because he was passionate about creating games, but because he saw an opportunity to make money. I wanted to know if copyright law had complimented his process of building a creative company, or if he too experienced a disconnect between the law and the creative process.

This endeavour also gave me some insight into the nature Canadian copyright law in particular.

If you’re curious about my findings, you can find my project attached here: Jessica’s Presentation

Other Links:

Hyperlinked are the intro of Jessica Silbey’s book and the video from my interview with Julian to give my presentation some more context

If you have any issues with the links please let me know via Teams.

Thanks for tuning in!

 

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News of the Week; November 18, 2020

By Jon Festinger on November 22, 2020

GAMES

  1. Nintendo faces yet another Joy-Con drift lawsuit: An expert analysis noted that the drift is caused by “extensive wear on the pad surface on the interior of the Joy-Con”
  2. The dance-off ends: a (partial) resolution to Fortnite’s slurry of copyright lawsuits.
  3. Oxford University study finds playing games can positively impact emotional well-being
  4. Oxford University study shows video games can benefit well-being and mental health: But researchers call for more studies into this field, following its success in collaborating with EA and Nintendo­­­
  5. Pokémon Go raises its level cap for the first time in over four years
  6. Video game play is positively correlated with well-being (Niklas Johannes, Matti Vuorre, Andrew K. Przybylski)
  7. Court Upholds Gaming App’s Clickthrough TOS–Ball v. Skillz (Eric Goldman)
  8. Survey finds growing harassment among US gamers: ADL-Newzoo poll finds 68% of online multiplayer games experienced severe harassment in past six months, 22% said it made them quit playing certain games entirely
  9. Free to Play? Hate, Harassment and Positive Social Experience in Online Games 2020
  10. Ubisoft Singapore MD stepping down after misconduct allegations
  11. Ubisoft removes Singapore studio head: Hugues Ricour no longer leading Skull and Bones studio after report of sexual harassment, but remains with the publisher
  12. Global Game Revenues Up an Extra $15 Billion This Year as Engagement Skyrockets
  13. Judge dismisses Apple’s “theft” claims in Epic Games lawsuit
  14. Apple will halve App Store platform fees for smaller developers in 2021
  15. Apple drops its cut of App Store revenues from 30% to 15% for some developers
  16. Apple to cut down App Store share to 15% for small developers: The company’s new App Store Small Business Program means studios earning less than $1m a year in proceeds will benefit from a reduced commission
  17. Epic CEO: App Store changes offer ‘no relief to customers’ from ‘Apple Tax’
  18. Epic Games files against Apple Australia: Fortnite firm claims battle royale’s removal breaches Australian consumer law
  19. Apple settles with states for $113M over iPhone battery throttling
  20. Streamers protest Twitch DMCA policy with homemade video game noises: Beep beep beep. Pow! Schooooo… po-pow!
  21. Twitch eyes new tools, licensing deals after ‘understandably frustrating’ DMCA takedowns
  22. Twitch streamers report DMCA takedowns for in-game sound effects: Content creators report flags on sounds such as clock chimes, police sirens, bird noises, and wind
  23. Twitch Continues To Trip Over Itself In Response To DMCA Apocalypse
  24. Twitch’s No Good, Very Bad Time Continues: Part 1
  25. xQcOW, Pokimane Are Twitch’s Top-Earning Streamers Of 2020
  26. Twitch sees record viewership in October – Report: StreamElements and Arsenal find 1.6 billion hours watched on the platform last month, nearly doubling previous October
  27. EA launching FIFA spend-tracking tool: FIFA Playtime gives players an overview of how much time and money they’ve spent on FIFA 21, ability to set spending and Ultimate Team limits
  28. EA has loot boxed itself in with FIFA Ultimate Team | Opinion: Publisher is in the position of having to fix its gambling problem without admitting there’s a problem to fix
  29. EA must reconsider its FIFA goals | Podcast: The team discusses EA’s reluctance to acknowledge the resemblances of Ultimate Team to gambling, and the consequences that could bring
  30. FIFA 21 debuts at No.1 in the US for October in a first for the franchise: Nintendo Switch hardware sets a new dollar sales record for the month, surpassing the Wii in 2008
  31. Is a Tattoo Protected by Copyright? Is it Infringed if it Appears in a Computer Game? 
  32. Star Trek’s Space-Traveling Tardigrades Live Long and Prosper After Second Circuit Affirms Non-Infringement of Video Game Copyright
  33. Capcom says personal details of 350,000 potentially compromised after recent hack
  34. Capcom: Up to 350,000 people could be affected by ransomware leak
  35. Capcom confirms it was the victim of a ransomware attack: Employee personal information, sales reports, and other financial information was compromised
  36. Playrix: gameplay footage must be representative of the gaming experience
  37. Assassin’s Creed: Valhalla sees the franchise’s best launch sales so far: It sold more copies at launch than any other Assassin’s Creed game, and set a new record for Ubisoft PC launch sales
  38. Assassin’s Creed Valhalla beats Call of Duty in race for No.1 | UK Boxed Charts: It’s a massive, massive week for UK game sales
  39. Genshin Impact was the top-grossing mobile game worldwide in October: It brought in nearly $239m in player spending, beating out Honor of Kings
  40. Graffiti Games leaders launch Indie Game Coach: Alex Josef and Alex Van Lepp to provide free and low-cost resources, coaching, and consulting for new, independent developers
  41. How a Guilty Gear project contributed to the collapse of Skullgirls dev Lab Zero
  42. Epic releases thousands of What Remains of Edith Finch assets for free
  43. Epic Games acquires real-time animation firm Hyprsense: The company will collaborate closely with 3Lateral and Cubic Motion to “make content production more accessible”
  44. Half of US and UK players want more diverse characters in games: Research conducted by Newzoo shows that gamers want publishers to take an “active stance” on societal issues
  45. Respawn emphasises its no crunch policy: Accused of being too slow with content, Apex Legends game director says the studio “refuses to crunch the team”
  46. Animal Jam data breach exposes personal info of approximately 46m accounts: Emails, usernames, encrypted passwords, billing addresses, and real names were posted on public hacker forum
  47. Ubisoft Montreal staffers barricade on roof, escorted out by police
  48. Police operation underway at Ubisoft Montreal: Reported hostage situation may have been a hoax, police begin evacuating building
  49. Police say ‘hoax’ emergency call prompted Ubisoft Montreal studio scare
  50. The challenge and promise of DualSense | Opinion: PlayStation 5’s advanced haptic system is arguably the most interesting innovation of the new generation, but it creates a tricky marketing conundrum
  51. Discovery takeaways from the new PlayStation 5 store?
  52. Sony thinks cross-gen games will be ‘important’ for the next 3 years as players transition to PS5
  53. Demon’s Souls PS5 review: A gorgeous game worth dying (repeatedly) for
  54. Ghost of Tsushima passes 5m sold: Sucker Punch’s game is the fastest selling new IP for the PS4 from a Sony first-party studio
  55. Xbox Series X and S deliver Microsoft’s biggest ever console launch
  56. Xbox Series X|S is biggest console launch in Microsoft’s history: But Phil Spencer says platform holder still focused on player numbers of unit sales
  57. How will the Xbox Series X|S and PlayStation 5 benefit indies?: We speak to indie studios and publishers about the possibilities afforded by the new consoles
  58. Xbox Series S|X launch, big releases drive new records for UK broadband use: Service providers report new highs among Call of Duty updates and preloads, debuts of Destiny 2: Beyond Light and Assassin’s Creed Valhalla
  59. Microsoft expects Xbox Series X and S to be in short supply until after holidays
  60. Microsoft expects Xbox Series X|S shortages until Q2 2021: CFO Tim Stuart points to summer next year for “the supply profile meeting the demand profile”
  61. Microsoft suggests higher AAA price-point is “warranted”: CFO Tim Stuart said that publishers need to “make the right decision for their content”
  62. The Falconeer: An unexpected jewel in the Xbox launch line-up
  63. Bethesda games will likely be “first or better” (not “only”) on Xbox
  64. Microsoft to begin testing Project xCloud in new regions including Australia and Japan
  65. Microsoft to roll out Project xCloud in four new markets: The cloud gaming beta is coming to Australia, Brazil, Japan, and Mexico this November
  66. What next-gen consoles really mean for audio: Sumo Digital discusses the audio tools that could be a game changer for PlayStation 5 and Xbox Series X|S
  67. Switch sets new October sales record in the U.S. as next-gen arrives
  68. The Switch had the second-best October sales in the US of any console ever: At over 735,000 units sold, it was outpaced only by the Wii in 2008
  69. Happy 20th Birthday To ‘No One Lives Forever’, The Classic PC Game That Can’t Be Sold Today Thanks To IP
  70. Why are there no James Bond games?: In the absence of new film No Time To Die, we explore 007’s ongoing absence from video games and the challenge of developing with a licence
  71. Assassin’s Creed Valhalla debuts with record launch week sales for the franchise
  72. Assassin’s Creed Valhalla doubles Odyssey’s player count at launch: The latest entry in Ubisoft’s series also saw record viewership on Twitch and YouTube
  73. Freshly founded Gunzilla Games aims to take on triple-A shooter development
  74. Gunzilla Games enters AAA shooter market with $25m in funding: After helping Warface developer Blackwood spin out from Crytek, Vlad Korolev is looking to build a studio from scratch
  75. The careful cultivation and localization of Sakuna: Of Rice and Ruin: Edelweiss and XSeed discuss the historical Japanese roots of the in-depth rice farming sim, and the challenges of bringing it West
  76. PUBG Corp is bringing a new version of banned PUBG Mobile to India
  77. PUBG Corp. creating new PUBG Mobile for India to get around ban: Korean publisher establishes Indian subsidiary that will hire 100 people, pledges to invest $100 million into local gaming and entertainment industry
  78. Fortnite mulls monthly paid subscription
  79. New League of Legends character not based on real person, says Riot
  80. Grubhub Taps Addison Rae, CrankGameplays, More For Virtual Friendsgiving Promo On ‘Animal Crossing’
  81. Unity revenue up 53.3% year-over-year at close of first public quarter
  82. Unity shares first earnings following IPO with $201 million in Q3 revenue: On earnings call, CEO John Riccitiello addresses price hikes, COVID-19 impacts, future investments, and finding a casual audience
  83. Ghost of Tsushima has topped 5 million sales in under four months
  84. Fall Guys has sold over 10 million copies on Steam
  85. Fall Guys has sold more than 10 million copies on Steam alone
  86. Data deep dive: What’s the ‘long tail’ like for Steam games?
  87. Steam’s initial PS5 controller support doesn’t include the controller’s advanced haptics
  88. Zynga opens Austin studio to work on upcoming Star Wars project
  89. Zynga to open new studio in its Austin office: The new studio will focus on the development of NaturalMotion’s Star Wars game
  90. Google and My.Games launch mobile accelerator program
  91. My.Games launches cloud gaming service
  92. Thunderful acquires long-time LittleBigPlanet collaborator Station Interactive
  93. Thunderful acquires Station Interactive: Swedish development studio’s employees, IP, and assets will be incorporated into Thunderful Development
  94. As lockdowns lift, Tencent gaming revenues continue to rise: Online games revenues up 45% year-over-year, 8% quarter-over-quarter thanks to Honour of Kings, Peacekeeper Elite
  95. Paradox reports record quarterly revenues as Crusader Kings III sales top 1 million
  96. Embracer acquires 13 studios including Shadow Warrior dev Flying Wild Hog
  97. Embracer Group H1 sales up 132% to $524.2m: THQ Nordic and Koch Media parent reports growth across all divisions as it adds 13 new studios
  98. Thunderful Group intends to go public to raise cash for further acquisitions
  99. Thunderful Group prepares for IPO on NASDAQ First North Premier: Listing expected to raise close to $90 million for Swedish games firm, company valued at $395 million
  100. Female-led Queens Gaming Collective raises $1.5m: Gaming lifestyle company launches after seed round led by Bitkraft Ventures
  101. Mobile startup Lila Games raises $2.8m: Indian developer attracts investment from execs at Super Evil Megacorp and Machine Zone
  102. Conversation as the crewmate: Understanding the rise of Among Us: Barbie Koelker from conversation analysis platform Spiketrap explores Among Us’ growing popularity
  103. New toolbox shows teachers how to best use games in their classroom
  104. Wiggin acquires games law firm Purewal & Partners: Founder Jas Purewal is joining as partner, alongside his team
  105. All eyes on esports: staying ahead of the legal hurdles: As investment pours into the sector, legal firm Reed Smith offers advice to new companies seeking to avoid legal pitfalls
  106. The pandemic-fuelled esports boom: legal and regulatory considerations for investors
  107. NRG Esports Unveils Sprawling Content Creation “Castle” In Los Angeles
  108. Valve adds extensive developer commentary to Half-Life: Alyx
  109. Double win for Valve at 2020 VR Awards: Index headset won best hardware, while Half-Life: Alyx was crowned Game of the Year
  110. VR dev Resolution Games kicks off push into publishing with Odd Raven deal
  111. Resolution Games launches VR publishing arm: First partnership will bring Odd Raven Studio’s Carly and the Reaperman to Oculus Quest and Quest 2 next year
  112. Video: Lessons in developing functional artificial intelligence using VR
  113. Blog: The psychology of irresistible game offers
  114. Blog: 12 misconceptions that hurt the player experience
  115. Blog: Roguelike lessons horror games need to learn
  116. Blog: Spilt Milk Devlog 06 – Fascism Fighters 4000 (Part 1)
  117. Blog: What mechanics should you add to an Early Access game?
  118. Video: Porting your game to Oculus Quest
  119. Video: Why Survios builds new tech for games like Battlewake
  120. Don’t Miss: Looking back to Mark Cerny’s 2013 tech breakdown of the then-next-gen PS4
  121. Don’t Miss: Bad crediting hurts the game industry and muddles history
  122. Don’t Miss: How games like Super Mario Galaxy and Demon’s Souls handle subjective difficulty
  123. Don’t Miss: Inside the development of Supergiant Games’ Hades
  124. Q&A: Why Assassin’s Creed Valhalla did away with side quests
  125. The Last of Us Part 2, Hades dominate The Game Awards nominations: Sony received 22 nominations for its published games, including ten for The Last of Us Part 2
  126. U.S. Patent No. 10,471,357: Systems and methods for simulating a particular user in an interactive computer system

DIGITAL

  1. Amazon Sues Two TikTok, Instagram Influencers For Alleged Scheme To Sell Knockoff Designer Goods
  2. The Case Against Holding Amazon Liable for Third-Party Merchants’ Sales in its Marketplace (Eric Goldman)
  3. Massive, China-state-funded hack hits companies around the world, report says
  4. Hackers sponsored by Russia and North Korea are targeting COVID-19 researchers
  5. Russian Internet Research Agency Disinformation Activities on Tumblr: Identity, Privacy, and Ambivalence
  6. WHO Is Blocking Commenters From Even Mentioning Taiwan On Its Facebook Page
  7. Facebook Expands Access To ‘Rights Manager’ Video Copyright Tool, Rolls Out In-Stream Ads To 4 More Countries
  8. Facebook Can Block Scraper (For Now)–Facebook v. BrandTotal (Eric Goldman)
  9. Day After Senator Lindsey Graham Is Credibly Accused Of Trying To Undermine The Election, He Hosts Hearing Attacking Social Media For Undermining Election
  10. Trump Fires US Cybersecurity Director Chris Krebs After Krebs Debunks Trump’s Claims Of Election Systems Fraud
  11. US Cybersecurity Director Expecting To Be Fired After Refusing To Edit Page Debunking Election Hacking Myths
  12. Trump Campaign Gets Laughed Out Of Court For Claiming A Bunch Of Unvetted Webform Submissions Is ‘Evidence’ Of Voter Fraud
  13. Trump Campaign’s Ridiculous SLAPP Suit Against CNN Tossed Out Easily
  14. After Trump tweets Defcon hacking video, voting security experts call BS: Dozens of computer scientists say there’s “no credible evidence” of election fraud.
  15. Trump admin puts a hold on TikTok ban it seems to have forgotten about
  16. Trumpland Apparently Just Forgot About Its Manufactured TikTok Hysteria
  17. Commerce Department Remembers It Was Supposed To Ban TikTok; Says It Won’t Enforce For Now
  18. Insights: Social Media In The Post-Trump Era Headed To Splitsville
  19. The announcement of election results prompted the expected chorus of brands messaging about “unity,” but some opted to celebrate on social media.
  20. Facebook Extends Political Advertising Ban for Another Month, Including Advertising for Run-Offs
  21. Google to Extend Political Advertising Ban Through Year-End
  22. Google Pay relaunch transforms it into a full-fledged financial service
  23. Alphabet CEO: Plan to target EU commissioner was not “sanctioned” by me
  24. UK Politician Demands The Impossible: Social Media Companies Must Not Take Down Political Speech, But Must Block Disinformation
  25. Wish.com: sexually explicit in-app ads deemed offensive and inappropriately targeted
  26. Upload Filters And The Internet Architecture: What’s There To Like?
  27. Content Moderation Case Study: GoFundMe Addresses Controversial Fundraising Efforts (2020)
  28. Counterfeit Merch Is A Big Problem For Creators, And It’s Even Worse Than You Think.
  29. Markiplier, Ethan Nestor Bid Farewell To High-Concept ‘Unus Annus’ Channel — A Metaphor For Death
  30. Hulu raises Live TV price to $65, matching YouTube TV’s latest price hike
  31. Top 50 Most Viewed US YouTube Channels • Week Of 11/16/2020
  32. Top 50 Most Viewed YouTube Channels Worldwide • Week Of 11/16/2020
  33. YouTube Is Serving Young Viewers Age-Inappropriate Ads, Videos With Little Educational Value, Study Finds
  34. YouTube Shelves Annual ‘Rewind’ Video Given Hardships, Heaviness Of 2020
  35. YouTube Launches ‘Audio Ad’ Format To Capture Background Content Consumers
  36. Steph Curry’s YouTube Series ‘5 Minutes From Home’ Is Becoming An Audible Original Podcast
  37. Trump-Endorsed Right-wing YouTube Channels See Rise In Viewership
  38. On The Podcast: Ninja Doesn’t Want To Be Called A ‘YouTuber’. Is He Right?
  39. YouTube Will Now Serve Ads On Channels That Aren’t Eligible For Its Partner Program — Though Creators Won’t Earn A Cut
  40. GitHub agrees RIAA claim is bunk, restores popular YouTube download tool
  41. Teespring Teams Up With YouTubers For Merch-Selling Cyber Monday Live Streams
  42. Audiovisual Media Services Directive – European Commission adopts guidelines on video-sharing platforms and the promotion of European works
  43. BuzzFeed Seeking Next Social Video Star In IGTV Competition ‘Show Off’
  44. ‘The Good Place,’ ‘Brooklyn Nine-Nine’ Developer Tracey Pakosta Is Netflix’s New Head Of Comedy
  45. Instagram Gives Reels, Shop Permanent Spots On Nav Bar
  46. Instagram Finally Adds Ability To Search Platform Via Keyword
  47. TikTok’s ‘Hashtag Challenge Plus’ Ad Format Is Generating Billions Of Views For Brands
  48. ICE Briefly Becomes A Stranded Minor: Loses Its Twitter Account For Being Too Young
  49. Twitter Launches Stories-Like ‘Fleets’ Feature, With ‘Audio Spaces’ Soon To Follow
  50. What is Parler, and why is everyone suddenly talking about it?
  51. ‘Stop the Steal’ supporters, restrained by Facebook, turn to Parler to peddle false election claims
  52. What If Cambridge Analytica Owned Its Own Social Network? CA Backer Rebekah Mercer Admits She’s A Co-Founder Of Parler
  53. A history of Intel vs. AMD desktop performance, with CPU charts galore
  54. Beyond Screen Time: Identity Development in the Digital Age
  55. Nova Scotia’s eCourt platform is first online judicial dispute resolution service in Canada
  56. Why Does Silicon Valley Want to Reengineer Humans?: Human beings are not the problem. We are the solution.
  57. Japan-UK Trade Deal Shows How Controversial Digital Policies Can Be Slipped Through With Little Scrutiny Or Resistance

A.I.

  1. IP Rights and AI-Generated Works
  2. Amazon begins shifting Alexa’s cloud AI to its own silicon
  3. Video: Using AI to create interactive digital actors
  4. ICO publishes guidance on AI decision making
  5. Artificial intelligence and gender discrimination
  6. Artificial vision, white space and racial surveillance capitalism
  7. Technology vs Ideology: How Far will Artificial Intelligence and Distributed Ledger Technology Transform Corporate Governance and Business?
  8. AI revolution in medicine

COMMUNICATIONS

  1. Law Bytes Episode 69: Bram Abramson on the Government’s Plan to Regulate Internet Streaming Services (Michael Geist)
  2. Two Trump Defamation Claims Dismissed Including Claim Against TV Station for Political Attack Ad – What is the Relevance for Broadcasters? 
  3. How the Presidential Transition Will Affect the FCC
  4. Big TCPA News: Biden Announces FCC Transition Team that Includes Former Commissioner Clyburn 
  5. FCC Boss Pai Urged To Accept Trump Loss, Pause Dumb Attack On Social Media
  6. FCC takes spectrum from auto industry in plan to “supersize” Wi-Fi
  7. Broadband power users explode, making data caps more profitable for ISPs
  8. Digital Redlining: ISPs Widening The Digital Divide
  9. How Our Biggest ISPs Are Failing Students During COVID-19
  10. TV services head towards complex post-Brexit regulatory world
  11. FTC Tries to Clean Out 25 Fake Disinfectant Websites

INTELLECTUAL PROPERTY

  1. Boesen v. United Sports Publications, Ltd.: Court dismisses copyright claim, holding that publisher’s article that “embedded” Caroline Wozniacki’s Instagram post featuring plaintiff’s photograph constituted fair use. 
  2. Flo & Eddie, Inc. v. Pandora Media, Inc.: Court denies anti-SLAPP motion by owners of pre-1972 sound recordings created by The Turtles, holding Pandora’s failure to pay for use of recordings was not a speech right
  3. Artistic license and use of copyright in creative pursuits
  4. The Pose Is Prologue
  5. Despite RIAA’s Claim That YouTube-dl Is Infringing, Journalists Use It All The Time
  6. GitHub, EFF Push Back Against RIAA, Reinstate Youtube-dl Repository
  7. YouTube Seeks To Crack Down On COVID-19 Vaccine Conspiracies In Fact-Check Panels
  8. Donald Trump Argues That Use Of ‘Electric Avenue’ In Campaign Video Was Transformative
  9. Montgomery v. Holland: Second Circuit affirms dismissal of copyright infringement claim targeting 2014 television miniseries Rosemary’s Baby, holding it was not substantially similar to plaintiff’s short stories.
  10. Is Software Patentable?
  11. Scientific publishers propose installing spyware in university libraries to protect copyrights: The hypothetical plan to combat digital piracy called for the use of software to monitor those accessing academic material
  12. Proctorio used DMCA to take down a student’s critical tweets: “This is really a textbook example of fair use”
  13. Copyright rides to the rescue: Brompton Bicycle is protected by copyright
  14. Copyright: Online platform operators’ liability for users illegally uploading copyright material
  15. No Future for Copyright or Trade Dress Protection for Personal Planner Layout
  16. The First Step to Protecting Your Brand in Canada 
  17. EMPOWER-ing trademark infringement claims against public authorities
  18. Four Seasons Total Landscaping: trademark lessons from a bizarre political event 
  19. In a Galaxy Not So Far, Far Away: Millennial Falcon v. Millennium Falcon
  20. Can Clickbait Cause Confusion? Purchasing AdWord Did Not Constitute Trademark Infringement or an Unfair Trade Practice
  21. Will the growing second-hand market for fashion fuel trademark disputes?
  22. Hugo Boss And Art Teacher Reach ‘Amicable Solution’ Over ‘Be Boss, Be Kind’ Trademark Application
  23. Trademark everything: The not-so-secret world of celebrity IP
  24. Why Don’t Conservatives Care About Copyright?
  25. Food Industry Insight – The Trade Dress of a Cookie is Held to be Functional
  26. Ninth Circuit Rules That the Identification of a Trade Secret May Be Developed Through Discovery 
  27. Patent eligibility in Canada clarified with new Examination Guidelines
  28. CIPO’s new guidelines on patentable subject matter explained
  29. Presumed essential: CIPO clarifies its approach toward eligibility analysis following Federal Court decision 
  30. Canadian Patent Office Issues Guidance to “Cooperate” With Inventors of Computer-Based Inventions 
  31. Supreme Court to Decide Constitutionality of Patent Board 
  32. Moderna’s covid vaccine is promising news, but IP issues may mean the financial windfall it enjoys are limited
  33. Working with known materials in life sciences: Key patent considerations
  34. Canadian courts show trend of awarding higher costs in IP litigation
  35. Five things to know about protecting IP rights on Amazon 

PRIVACY

  1. “Publicity Placing the Plaintiff in a False Light” is the Newest Privacy Tort in Ontario
  2. Canada’s GDPR Moment: Why the Consumer Privacy Protection Act is Canada’s Biggest Privacy Overhaul in Decades (Michael Geist)
  3. Privacy Pressure Points: A Closer Look at Ten Consumer Privacy Protection Act Concerns (Michael Geist)
  4. Canada’s proposed new privacy law – Summary of business impacts
  5. The Canadian Government Proposes Significant Changes to Privacy Law: Key Features include New Requirements, Orders, Penalties and a Private Right of Action 
  6. Information privacy and security in a virtual learning world
  7. Appeals Court Says Baltimore PD’s Aerial Surveillance Program Doesn’t Violate The Constitution
  8. Federal Court Says State Regulation That Compels Production Of Code May Violate The First Amendment 
  9. Barbash v. STX Financing, LLC: Court dismisses adult entertainment host’s invasion of privacy and defamation claims against producers and distributors of film Hustlers
  10. How the U.S. Military Buys Location Data from Ordinary Apps: A Muslim prayer app with 98M downloads connects to a supply chain that sends people’s personal data to brokers, contractors & the military.
  11. Zoom Gets An FTC Wrist Slap For Misleading Users On Security, Encryption 
  12. Instructors And School Administrators Are Somehow Managing To Make Intrusive Testing Spyware Even Worse
  13. EU Data Protection Regulators Issue Critical Draft Guidance on Personal Data Transfers 
  14. Not Again! California Voters Enact California Privacy Rights Act: Now What?
  15. FTC requires video conferencing provider to safeguard against security risks 
  16. Election 2020: Looking Forward to What a Biden Presidency May Mean for Data Privacy and Data Privacy Litigation  
  17. ICO Fines Ticketmaster £1.25 Million for Security Failures 
  18. Marriott International, Inc. fined £18.4m for personal data breach by the UK ICO under the GDPR (reduced from £99.2m) 
  19. H&M hit with €35.3m fine for GDPR employee breach
  20. Resisting the rise of facial recognition
  21. Five months after the Schrems II decision, the EDPB has added long awaited clarity to the CJEU’s language regarding ‘supplemental measures’
  22. The iOS COVID-19 app ecosystem has become a privacy minefield
  23. Information privacy and security in a virtual learning world
  24. The Posthumous Privacy Paradox: Privacy preferences and Behavior Regarding Digital Remains

CREATIVITY

  1. Court of Appeal rules on the confidentiality of live sports data
  2. EU Court Backs Austrian Court, Says Local Libel Law Applies Everywhere In The World
  3. Conspiracy theories masquerading as news may be the biggest threat to our democratic world
  4. About Time: NY Governor Cuomo Signs Anti-SLAPP Law
  5. Freedom of Speech Gets a Big Boost With New York’s Passage of Widely Expanded Anti-SLAPP Law
  6. Devin Nunes Files Another SLAPP Suit; Sues The Washington Post Again
  7. COVID-19: Court Dismisses MLB Ticket Purchasers’ Action for Reimbursement After Shortened Season

Jon

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Coming Soon on November 18th: A parallel reality you have yet to experience…

By Dinah on November 14, 2020

Hi everyone,

I hope you were able to enjoy your reading break!

On Wednesday, I will presenting on Black Mirror: Bandersnatch, the interactive film.

Prior to the presentation (if you have the time)  kindly  watch/ play the film. It can be found on Netflix. Please let me know via teams if you have any access issues.

In this post I have also included a short clip, which is optimal for viewing after you have watched the film.

See you Wednesday,

Dinah

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News of the Week; November 11, 2020

By Jon Festinger on November 14, 2020

GAMES

  1. Class action lawsuit accuses EA of changing game difficulty to push loot boxes
  2. EA faces yet another class-action lawsuit connected to loot boxes: EA calls claims “baseless,” says they “misrepresent our games”
  3. What’s Loot Got to do With It?
  4. Judge dismisses Apple’s claim of theft in Epic case: Court says ongoing legal battle should focus on breach of contract and anti-trust claims
  5. Judge says Apple isn’t entitled to extra monetary damages over Fortnite lawsuit
  6. SAG-AFTRA extends video game voice acting contract to November 2022
  7. Tommy Tallarico, Roblox come to agreement over “oof” sound effect: Popular death sound effect to be replaced in game, asset will be sold via Roblox store going forward
  8. Ubisoft apologises for ableist description in Assassin’s Creed Valhalla: The publisher said it will address the issue in an upcoming update
  9. Assassin’s Creed Valhalla review: A Viking quest worth sinking your axe into
  10. Ubisoft removing UK journalist from Watch Dogs over “controversial remarks”: The Atlantic writer Helen Lewis voiced a character on an in-game podcast
  11. MiHoYo reportedly discloses Genshin Impact players phone numbers: The studio said they took “immediate action to fix the problem,” which should now be resolved
  12. EA renews UFC, NHL, NHLPA partnerships with fresh ‘multi-year’ deals
  13. EA extends UFC, NHL licensing deals: Publisher will have exclusive rights to MMA league’s games through 2030 while hockey deal is a “multi-year renewal”
  14. EA quarterly sales slide due to later FIFA, Madden launches: Full game sales for the second quarter halved but publisher still beats guidance, announces stock buyback and dividend plans
  15. FIFA leads renewed mobile strategy at EA: CEO Andrew Wilson says “six new FIFA titles” are in development on mobile for “new genres and new markets”
  16. EA: Apex Legends on track to become billion dollar franchise by March 2021
  17. EA Play crosses 6.5 million paying subscribers
  18. EA Play reaches 6.5 million paid subscribers, EA aims to double that within a year
  19. EA looks to revamp its mobile biz to tap into an ‘unbelievable exponential opportunity’
  20. Live games continue to lead at Take-Two as recurrent consumer spend jumps 56%
  21. NBA 2K21 drives Take-Two earnings: Revenues and bookings flat but net income hops as CEO Zelnick reports pandemic-driven engagement boost hasn’t let up at all
  22. Take-Two president “highly sceptical” about games subscriptions: Karl Slatoff tells investors services like Xbox Game Pass will become the primary way games are consumed
  23. Take-Two in talks to acquire Dirt dev Codemasters
  24. Take-Two confirms $994 million purchase of Dirt developer Codemasters
  25. Take-Two in talks to buy Codemasters: Racing publisher says it has discussed a deal that would value it at nearly $1 billion
  26. Take-Two bids to buy Dirt 5 publisher Codemasters for $973.8 million
  27. Take-Two acquisition of Codemasters expected to go through in early 2021: Both publishers’ board of directors approve the proposed deal, valuing Codemasters at £726 million
  28. Sega Sammy calls for 650 staff to voluntarily retire: Japanese publisher records extraordinary losses around structural reform
  29. Sega Sammy struggling to weather the pandemic despite strong game sales
  30. Sega Sammy raises forecasts, despite losses driven by COVID-19: Publisher expects structural reform and increased games sales to carry company through tough financial year
  31. Mobile games set new quarterly revenue record at Konami
  32. Grounded tops 5 million players in under six months
  33. Nexon posts its best Q3 ever thanks to mobile revenue surge: Mobile revenue up 140% thanks to The Kingdom of the Winds Yeon, KartRider Rush+ and V4
  34. ‘HD Games’ profit dips at Square Enix following Marvel’s Avengers launch
  35. Capcom says customer information is secure following cyber attack
  36. Ten risks associated with the new EU Digital Content Directive: Legal expert Sebastian Schwiddessen breaks down how buggy games at launch, shutting titles down early and more can violate consumers’ rights
  37. Dontnod to embrace self-publishing for multiple future titles: CEO Oskar Guilbert says the studio wants to be “as independent as possible” going forward
  38. Griffin Gaming Partners raises $235 million to invest in games
  39. Griffin Gaming Partners raises $235m for gaming investments: Gaming-focused VC firm run by Philip Sanderson, Peter Levin, and Nick Tuosto already invested in Discord, Skillz and more
  40. Enthusiast Gaming plans to list on NASDAQ: Parent behind The Escapist and Luminosity Gaming
  41. First impressions: How are reviewers reacting to the PlayStation 5?
  42. PlayStation 5 | Critical Consensus: Critics agree that Sony’s PS5 transcends on-paper comparisons to Xbox, and is the only new console that “feels” next-gen from the first moment
  43. No day one stock for retail as Sony focuses PS5 launch sales online: Platform holder urges PlayStation fans to order through retail partners’ websites
  44. The PlayStation 5 has a hidden Web browser; here’s how to find it
  45. Sony debuts PS5 games ad as part of “memorable” launch efforts: Travis Scott returns alongside Spider-Man, Gran Turismo, Demon’s Souls, Horizon and more
  46. Sony launches PS5 remote play app for the PS4 with next-gen looming
  47. The PlayStation 5 was even larger in initial design concepts 
  48. PlayStation 5 review: Not just a more-powerful PS4
  49. PlayStation 5 forgoes day one in-store launch as a COVID-19 precaution
  50. Sorry, you can’t move your discontinued copy of PT to the PS5
  51. PlayStation exec: Dual support for PS4 and PS5 planned for 3 years
  52. A tale of two consoles: Xbox Series X and S in review
  53. Xbox Series X/S review: Beautiful, powerful—but whatcha gonna play?
  54. If Xbox is Netflix, then PS5 is cinema | Console analysis: PlayStation’s new console is an extension of the games it makes
  55. The Different Strategies Of Microsoft And Sony’s Next-Generation Consoles: Choosing between a console is a more philosophical choice this generation
  56. First impressions of PS5 and Xbox Series X|S | Podcast: The team share their own experiences with the next-generation consoles on our latest episode, available to download now
  57. The last great console leap? | Opinion: Microsoft and Sony have different strategies, but they’re both launching consoles that feel less like a “clean break” with the past generation
  58. Xbox Series X|S | Critical Consensus: Reviewers like quality-of-life improvements on Microsoft’s new systems, but recommendations come with big caveats
  59. Microsoft: Xbox Series S does not hold back the next generation, it advances it – Platform holder explains why it dropped Xbox One X, rather than maintaining it as a low-end console
  60. Xbox: Next-gen battle will “not be a reflection of demand — it’ll be a reflection of supply” – Phil Spencer disregards tendency to declare ““a winner and… a loser” between sales of Xbox and PlayStation
  61. Report: Microsoft holding acquisition talks with a number of Japanese developers
  62. Spencer: Microsoft almost abandoned Xbox brand after the Xbox One launch
  63. Dev-friendliness, scalability at top of mind for Xbox development chief
  64. Some Amazon Xbox Series X pre-orders may not arrive until December: A Microsoft spokesperson said the company is “working tirelessly with retail partners to replenish Xbox hardware as quickly as possible”
  65. Nintendo raises forecasts as H1 profits triple to $2.8bn: Full-year Switch sales predicted to reach 24 million, five million units higher than previously expected
  66. Switch driving growth at Nintendo as console nears 70 million sales
  67. Google Is Giving YouTube Premium Subscribers A Free Stadia Controller, Chromecast Ultra
  68. Steam adds frictionless playtesting feature: The new tool will make playtests accessible directly from a title’s store page
  69. BioWare confirms Mass Effect remaster in 2021, new Mass Effect later
  70. Final Fantasy 7 Remake, Avengers push Square Enix H1 sales up 43%: Publisher’s HD Games division posts profits for the six-month period, but last quarter was in the red
  71. FIFA 21 and Star Wars: Squadrons come out top in October | EMEAA Charts: Nintendo Switch console sales up 77% in October 2020 vs 2019
  72. Watch Dogs: Legion knocks down FIFA 21 | UK Digital Charts: Ni No Kuni Wrath of the White Witch on Switch makes No.3
  73. Slight jump in boxed game sales as lockdown returns | UK Boxed Charts: Nintendo Switch games post strong week-on-week increases
  74. NPD says US consumers spent a record amount on games in Q3: $11.2 billion total for July-September span is up 24% on last year; market research firm expects Q4 to set records as well
  75. Descenders has sold over 250,000 units: Nearly 3.5 million people have played the biking title across all platforms, thanks to its success on Xbox Game Pass
  76. Hitman franchise crosses 70 million players in 20 years
  77. Assassin’s Creed Valhalla | Critical Consensus: Critics agree that Valhalla is one of the very best Assassin’s Creed games, but its underlying themes are tainted by Ubisoft’s year of scandal
  78. Spider-Man: Miles Morales review: New hero, same heroic gameplay
  79. Why do some games just… keep selling?
  80. The Game Developer’s Playlist: Full Throttle with Chandana Ekanayake | Outerloop Games co-founder shares how the 1995 biking adventure inspired him to get into games
  81. Light Brick, the once and possibly future Lego studio: Builder’s Journey studio co-founders say they spun out to be more agile and independent, but Lego Ventures backed them with an eventual reunion in mind
  82. Amber opens new studio in Montreal: New branch will focus on QA, localisation and engineering
  83. Epic is gauging interest in a Fortnite monthly subscription plan
  84. Epic Games gauging interest in monthly Fortnite subscription: If implemented, subscribers would receive Battle Pass, early access to free skins and regular V-Bucks
  85. Which publishers are the game subscription believers?
  86. Night Media Signs 6-Channel Family Gaming Empire FGTeeV
  87. After Mixer Closed, Ninja Chose Twitch Over YouTube Because He Didn’t Want To Be Known As “A YouTuber”
  88. Twitch Unveils Full Rundown For Saturday’s ‘GlitchCon’ — Its Virtual Reimagining Of TwitchCon
  89. Twitch Apologizes To Creators Hit By Mass DMCAs And Content Deletions, Says It’s In Talks With Record Labels
  90. Twitch explains confusing copyright crackdown, urges users to delete videos
  91. Twitch apologizes for handling of mass copyright claims: Streaming platform apologizes for giving streamers unhelpful warnings, little notice in face of avalanche of DMCA claims from record labels
  92. Esports brand Fnatic raises $10m: Also offering fans the chance to invest via $1.3m Crowdcube campaign
  93. Esports platform Edge raises $1.5m: Investment will be used for recruitment and improving its tech, which simplifies esports contracts, payments and more
  94. 100 Thieves To Enter Call Of Duty League With New Team, Los Angeles Thieves
  95. ESPN Confirms Future Shut Down of Esports Editorial Operations
  96. ESPN ends its daily esports coverage, laying off at least eight: Network to continue covering esports on a story-by-story basis following cost-cutting measures, layoffs
  97. Original founder re-acquires OpTic Gaming: Hector Rodriguez takes esports organization back after Immortals Gaming Club acquisition last year
  98. Fortnite reportedly returning to iOS via GeForce Now: An announcement from Nvidia is expected “before the winter holidays” the BBC reported
  99. Lifting the VR veil: How PlayStation 5 works with Sony’s last-gen headset
  100. It Took Just 5 Minutes Of Movement Data To Identify ‘Anonymous’ VR Users
  101. Composing the blockbuster soundtrack of Ghost of Tsushima: Written to reflect the game’s historical setting, Ilan Eshkeri discusses the creative and practical process behind the PlayStation exclusive’s music
  102. Video: Making great key art for your game’s front end
  103. Video: How to wrangle inflation in your online game economy
  104. Don’t Miss: A deep dive into Forza Horizon 3’s online co-op multiplayer
  105. Don’t Miss: How Onrush harnesses the chaos of a racing battle
  106. Don’t Miss: A 2013 snapshot of game developers’ motion control tips, lessons, and dreams
  107. Don’t Miss: Translating the humor & tone of the Yakuza games for the West
  108. Don’t Miss: What was it like programming Skyrim?
  109. Blog: How spreadsheets power civilian AI in Watch Dogs 2
  110. Blog: The argument for simpler games
  111. Blog: Combining 2D and 3D effects in Blightbound
  112. Blog: How to run offers in free-to-play (and avoid backlashes)
  113. Blog: Developing a tabletop game
  114. Analyst: The next-gen console race is Sony’s to lose
  115. U.S. Patent No. 10,478,735: Video game system with spectator mode hud
  116. U.S. Patent No. 10,509,461: Augmented reality video game systems

DIGITAL

  1. Amazon’s use of marketplace data breaks competition law, EU charges
  2. Antitrust: Commission sends Statement of Objections to Amazon for the use of non-public independent seller data and opens second investigation into its e-commerce business practices
  3. Facebook and Twitter struggle with online fury from Trump supporters
  4. Microsoft engineer gets nine years for stealing $10M from Microsoft
  5. QAnon Conspiracy Theorists Can’t Force YouTube to Carry Their Videos–Doe v. Google (Eric Goldman)
  6. United States v Google: A Re-Found Willingness to Regulate Technology Monopolies?
  7. Bot or Not? Authenticating Social Media Evidence at Trial in the Age of Internet Fakery
  8. Facebook’s latest attempt to slow disinformation means probation for groups
  9. YouTube Election Loophole Lets Some False Trump-Win Videos Spread
  10. How Well Did Twitter, Facebook, and YouTube Handle Election Misinformation?
  11. YouTube Touted Its Handling Of Election Misinformation. But Now It Says Videos Spreading Vote Tabulation Conspiracies, False Win Claims Are Fine.
  12. Google Photos is the latest “Unlimited” plan to impose hard limits
  13. Google Photos will end its free unlimited storage on June 1st, 2021: After 15 gigs, you’ll need to pony up for Google One
  14. Netflix files copyright claims against tweets criticizing movie, trailer
  15. Netflix Targets Critical ‘Cuties’ Tweets With Copyright Takedown Requests
  16. Netflix Gets Cute Using DMCA Notices To Take Down Tweets Critical Of ‘Cuties’
  17. Netflix Testing Pre-Programmed, Linear TV-Style Channel Called ‘Direct’ In France
  18. FCC General Counsel Issues Guidance on the Agency’s Section 230 Authority
  19. Section 230 Faces the Heat
  20. Content Moderation Case Study: Google Refuses A Law Enforcement Agency Demand To Remove A Video Depicting Police Brutality (2011)
  21. Content Moderation Case Study: Using Fact Checkers To Create A Misogynist Meme (2019)
  22. Ten Common Mistakes When Conducting Sweepstakes or Contest Promotions on Social Media
  23. If You Want an Enforceable Online Contract, You Better Keep a Good Chain of Evidence–Snow v. Eventbrite Eric Goldman)
  24. Emojis & The Law: An Interview with Professor Eric Goldman
  25. The Latest Influencer Hotspot Is An Abandoned California Ghost Town
  26. UK Wing Of TikTok Swears It Isn’t Helping The Chinese Government Oppress Uighur Muslims
  27. UK Advertising Regulator makes first ever ruling on disclosures required for commercial marketing via a TikTok video
  28. TikTok Predicted To Hit 1 Billion Users In 2021
  29. TikTok users troll Trump “voter fraud” reporting hotline en masse
  30. TikTok says it’s been waiting weeks for a Trump response on US ban
  31. Fullscreen To Be Dramatically Affected By WarnerMedia Layoffs
  32. Vimeo Raises $150 Million Amid Record Revenue Growth, Eyes Spinoff From Parent IAC
  33. Spotify May Be Eyeing Podcast-Only Subscription Tiers
  34. In Biggest Podcast Purchase Yet, Spotify Acquires Ad And Publishing Platform ‘Megaphone’ For $235 Million
  35. Patreon, Acast Partner To Help Podcasters Distribute Paywalled Content More Broadly
  36. Intel SGX defeated yet again—this time thanks to on-chip power meter
  37. Apple dishes details on its new M1 chip
  38. First ARM-based Mac laptops: MacBook Air and 13-inch MacBook Pro
  39. Update! Apple Announces New Privacy Disclosures Required Starting December 8
  40. Apple, Sony Reportedly Eyeing $300-$400 Million Acquisition Of Podcast Network Wondery
  41. Apple supplier Pegatron found using illegal student labor in China
  42. After IPO, BBTV Signs Parkour Athlete Nick Pro, Lifestyle Vlogger Francesca Farago, More
  43. Reebok Sits Down With Hit YouTube Franchise ‘Hot Ones’ For Footwear, Apparel Collaboration
  44. Top 50 Most Viewed US YouTube Channels • Week Of 11/09/2020
  45. Top 50 Most Viewed YouTube Channels Worldwide • Week Of 11/09/2020
  46. The anatomy of Zoom fatigue
  47. Key Takeaways from New Cryptocurrency Enforcement Framework by US Department of Justice
  48. The feds just seized Silk Road’s $1 billion stash of bitcoin
  49. US Seizes $1 Billion in Bitcoin Associated With Silk Road

A.I.

  1.  Patenting Artificial Intelligence in Canada, the UK and Europe: A Primer
  2. AI Application Examination: 5 Key trends
  3. Understanding the AI Patent Landscape
  4. Plans for new AI legal framework gather pace
  5. A global legal standard for Artificial Intelligence? The European Parliament proposes legislation
  6. AI and Climate Change: The Promise, the Perils and Pillars for Action 
  7. The De-democratization of AI: Deep Learning and the Compute Divide in Artificial Intelligence Research 
  8. Co-regulating algorithmic disclosure for digital platforms 
  9. Extending the framework of algorithmic regulation. The Uber case
  10. AI and health data: cracking the privacy code
  11. James Corden is a snarky AI that might take out humanity in Superintelligence 

COMMUNICATIONS

  1.  Cultural Uncertainty: A Closer Look at Heritage Minister Steven Guilbeault’s Timeline For Internet Regulation (Michael Geist)
  2. Universal Broadband Fund and Telesat low Earth orbit capacity agreement (Government of Canada)
  3. Merger ‘Synergies’ Force T-Mobile To Pay $200 Million Fine For Sprint Falsehoods
  4. ESPN Lays Off 300 Staffers Amid Resource Shift Toward DTC, Digital Businesses
  5. No Chips? No Worries. Ninth Circuit Rejects FTC’s Petition for En Banc Review of Decision Holding that Qualcomm Has No Antitrust Duty to Deal with Rivals
  6. Fox News doubles down on calling Arizona for Biden
  7. The moment Fox News projected Joe Biden will win 2020 presidential election – video
  8. Ajit Pai urged to accept Trump loss and stop controversial rulemakings 
  9. D.C. Circuit Rejects Petitions to Strike Down FCC’s 2019 Unbundling and Resale Forbearance Order 
  10. FCC Opens Application Portal for $100 Million in Funding to Support Connected Care Services 
  11. FCC Adopts Order Expanding Unlicensed Wireless Operations in TV White Spaces 
  12. FCC Announces T-Mobile Will Pay $200 Million Penalty Resolving Sprint Lifeline Investigation
  13. Wireless 5G Networks in 2021
  14. There Is No ‘Race To 5G.’ And The U.S. Wouldn’t Be Winning Even If There Was
  15. Alphabet delivers wireless Internet over light beams from 20km away
  16. Improperly installed Ring doorbells are catching on fire
  17. Your Slingbox Will Be A Useless Brick In A Few Years 
  18. We Do Not Have the Internet We Deserve

INTELLECTUAL PROPERTY

  1. Game, set, match: Sometimes the photo is the story
  2. Federal Judge Rules Embedding of Instagram Post Containing Copyrighted Photo is Fair Use
  3. Embedding in a State of Flux: New York Courts Challenge Decade Old Reasoning from the Ninth Circuit
  4. Vallejo v. Narcos Productions LLC (USCA, Oct.27, 2020): Held that portions Netflix’s Narcos series are not substantially similar to journalist’s memoir regarding romantic relationship with Pablo Escobar
  5. Capote Charity Claims Copyright
  6. Anti-Cheat Student Software Proctorio Issuing DMCA Takedowns Of Fair Use Critiques Over Its Code
  7. Copyright Plaintiffs Can’t Figure Out What Copyrights They Own, Court Says ¯\_(ツ)_/¯ (Eric Goldman)
  8. Canada’s Forever Register: Newfoundland Trademark Registrations
  9. Anita White Strikes Back With Second Trademark Suit
  10. He May be Undefeated in the Ring, but Floyd Mayweather Got Knocked Out at the Trademark Office.
  11. Augusta National Blazes a Trail to Registration of its Iconic Green Jacket
  12. “I sense a disturbance in the force” When Star Wars universe meets Trademark law: Millennial Falcon v Millennium Falcon
  13. Glossier’s Pink Pouch TM Registration Could Mean a Rosy Future for Non-Traditional Marks
  14. Alleged bait-and-switch selling found not to constitute trade mark infringement
  15. Aussie Brewer Keeps Digging Holes With Trademark Lawsuits, Now Owes Court Costs
  16. Trademark protection on e-commerce platforms
  17. Seeing Green – Post-Election Day 2020: State Trademarks for Cannabis Goods & Services
  18. TTAB Refuses Registration of .SUCKS 
  19. Trade Secret Strategies: Using Standstill Agreements to Resolve Disputes Out of Court
  20. Sedona Conference Publishes Commentary on Proper Trade Secret Identification
  21. Federal Court finds that discoverability principle applies to limitation periods under Section 55.01 of Patent Act
  22. The Impact of CIPO’s New Guidance on the Prosecution of Patent Applications Directed to Diagnostic Methods
  23. Canadian Intellectual Property Office issues Practice Notice regarding patentable subject matter
  24. 2020 Brings Growing Trend of Patent Cases Decided by way of Summary Trial
  25. Is the new toilet on the International Space Station patentable?
  26. Augmented Reality/Virtual Reality Patent Prosecution Update: 2020 Q3 Prosecution Statistics
  27. How to protect a user interface with a patent 
  28. Massachusetts Voters Overwhelmingly Support Expanded ‘Right To Repair’ Law 
  29. Proactive Protection: Intellectual Property Audits
  30. Under President Biden, IP evolution is much more likely than revolution
  31. WIPO Launches “WIPO Lex-Judgments” Database

PRIVACY

  1. Anonymous video analytics’ future uncertain after Canadian privacy regulators’ investigation
  2. Privacy Enforcement Update: Possible Collaboration Between the Competition Bureau and the Office of the Privacy Commissioner
  3. Mall real estate company collected 5 million images of shoppers, say privacy watchdogs
  4. Facial Recognition Company’s Employees Abused Tech To Sexually Harass Coworkers
  5. Software snoops on students during exams
  6. FTC Settles Complaint Against Zoom Regarding End-to-End Encryption
  7. Zoom Settles with FTC Over Deceptive Security Claims
  8. Zoom lied to users about end-to-end encryption for years, FTC says
  9. California Court Says Wiretap Target Should Have Access To Wiretap Documents
  10. Mississippi City Trying To Turn Residents’ Doorbell Cameras Into Law Enforcement Surveillance Network
  11. San Diego’s spying streetlights stuck switched “on,” despite directive
  12. EU Takes Another Small Step Towards Trying To Ban Encryption; New Paper Argues Tech Can Nerd Harder To Backdoor Encryption
  13. Surprise: Latest Draft Of The EU’s Next Big Privacy Law Includes Some Improvements
  14. Data Broker On The Hook For $5 Million After Abusing Its Access To North Carolina DMV Data
  15. Portland’s Facial Recognition Ban Won’t Stop Private Citizens From Rolling Their Own Tech To ID Cops 
  16. The DOJ Will Finally Allow Local Cops To Wear Body Cameras When Working With Federal Agencies
  17. California Voters Adopt the California Privacy Rights Act 
  18. California Ramps up Consumer Privacy Enforcement
  19. California Privacy Rights Act Passes – Dramatically Altering the CCPA
  20. Democratizing Platform Privacy
  21. Michigan Voters Add Constitutional Protections for Electronic Data and Communications
  22. Building a Robust Biometric Compliance Program in the US: A Five-Step Checklist
  23. Schrems II: Court Orders the DPC to Pay Majority of Costs

CREATIVITY

  1. Gun-Toting Couple Sues Photographer For Privacy Violation Over Photo They Used As Christmas Cards, After He Billed Them
  2. Using hate speech as an excuse
  3. China’s Hong Kong Protester-Targeting ‘See Something, Say Something’ Hotline Is A Big Success
  4. How Should Social Media Handle Election Polls That Turned Out To Be Misinformation?
  5. Xiaolu Guo: “The way we read has changed radically in the digital age” – The Chinese novelist on her book A Lover’s Discourse, her love of Roland Barthes, and why fragmented narratives best represent modern life.

Jon

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The Cheaters: November 18 Presentation

By rasheed abouhassan on November 13, 2020

Hello everyone! On Wednesday, November 18th, Jared Knott and I will be presenting on the scourge of cheating in competitive multiplayer games, and legal responses to those cheaters. The problem of cheating has only gotten worse in the past few years, with most of the largest multiplayer titles having some issue with wallhacks, aimbots, macros, and much more. This has led to the development of innovative anti-cheat strategies, and lawsuits directed at both cheat-makers and the players themselves.

In order to make the presentation a little more fun and interactive, we have structured it as a (very, very simple) choose your own adventure game! Please feel free to download the presentation from this link, start it up, and click your way though to learn a bit more about the kinds of cheats in the market, and how developers/publishers are reacting. If you are just interested in the information, a PDF is also available at the link. We look forward to chatting with you on Wednesday!

Feel free to post any questions or observations you might have on this post, as we would be more than happy to chat. Also, please let us know if there are any issues with the download.

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Using the Hivemind of Gamers to Advance Science

By timothy chang on November 11, 2020

Revisiting how video games affect the world, I was brought back to the use of video games by scientists to generate data and data analysis. One of my first personal encounters was Project Discovery in EVE Online.

Developed and published by CCP Games, EVE Online is a Massive Multiplayer Online Role-Playing Game (MMORPG). CCP Games worked in collaboration with Massively Multiplayer Online Science (MMOS), Reykjavik University, and various other real-life universities to create a series of minigames called Project Discovery. The series introduces real-life science data problems for gamers to look at and say “what this looks like”.

In 2016, I personally got to play Phase One of Project Discovery, Project Discovery: Human Protein Atlas, which was created in collaboration with the Human Protein Atlas (PA). It was basically an identification game where you are given images of cells and you are asked to identify what organelle (i.e. the organs of cells) was dyed green in the image.

In 2017, EVE Online worked in collaboration with the University of Geneva to create Phase Two of Project Discovery: Exoplanets. One of the ways astrophysicists identify the existence of planets outside of our Solar System (i.e. “exoplanets”) is that by measuring the luminosity of stars over time. If when and the luminosity dips, that’s a sign that an exoplanet has gotten in the way of the star’s light. EVE Online players are given luminosity graphs to identify the presence of an exoplanet at a given time.

Most recently this summer, Phase Three of Project Discover, Project Discovery: Flow Cytometry, was created in collaboration with many medical research institutions including Canada’s own BC Cancer Foundation and McGill University. This project was created for advancing research on the COVID-19 virus. Cells passed through and analyzed by a flow cytometer produces a graph and cells of the same type tend to stay together on the graph; players are asked to distinguish groups of cells from each other by putting boundaries between groups of cells on the graph.

Beyond just Project Discovery, EVE Online has been a hot subject for observation and analysis by economists because all of its players are on the same server (except for Chinese players) and its economy is almost completely player-driven safe for a few basic items like very basic ships and ammunition. I wanted to share this with the class because I think it’s very interesting and projects such as these show how video games can be more than “mere entertainment”.

https://www.eveonline.com/discovery

https://wiki.eveuniversity.org/Project_Discovery

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News of the Week; November 4, 2020

By Jon Festinger on November 7, 2020

GAMES

  1. Bandai Namco, AtGames resolve legal dispute: Judge dismisses lawsuit over Ms. Pac-Man rights, clearing way for re-release of AtGames’ Namco arcade microconsole
  2. EA fined €10m over loot boxes as Dutch court sides with gambling authority: District court unmoved by FIFA publisher’s defenses, denies its bid to keep fines from being made public
  3. Dutch judge rules that EA should be fined €500k every week until it removes FIFA loot boxes: FUT Had Been Deemed In Violation Of Gambling Rules
  4. Opening Pandora’s Loot Box? Canadian Class Action Lawsuit Over Loot Boxes May Provide Guidance On The Legality of Loot Boxes in Canada
  5. Sony legal threat compels PS5 faceplate company to cancel all orders: CustomizeMyPlates also had to rebrand from PlateStation5 following complaints from platform holder
  6. Judge rejects Google’s attempt to push Epic case to October 2022: Fortnite firm has suggested February 2021 as judge tells both companies to “get moving”
  7. Amazon patents method of grouping toxic players together online: Patent filing suggests gamers would be able to specify preferences for the behaviours they would accept
  8. Ubisoft investigating after ransomware group claims to have leaked Watch Dogs source code: 560GB code for Legion reportedly available online, could endanger anti-piracy measures
  9. Reports of Watch Dogs Legion source code leak prompts Ubisoft investigation 
  10. Take-Two Finds Less Success with Second Take on Copyright and Tattoos
  11. Randy Orton’s Tattoos Divide Courts as Gamers Prepare for PS5 and Xbox Series X
  12. 2020 is already a record year for games investment: $5.2 billion in investment in Q3 alone brings the year’s total to $9.9 billion so far
  13. Scopely raises $340 million at $3.3 billion valuation as mobile games thrive during pandemic
  14. Newzoo raises its annual games industry forecast for 2020 once again: COVID-19’s impact on the market expected to bring industry revenue to $174.9 billion this year
  15. Billy Mitchell’s Defamation Case Against Twin Galaxies Over ‘Donkey Kong’ High Score Can Go Forward
  16. Opportunity for Game Publishers & Developers: Over a Quarter of Western Lapsed Gamers Are Looking to Play Again
  17. Lab Zero founder Mike Zaimont suspended from work on Guilty Gear update
  18. Standing on the shoulders of Riot Grrrl: Story Juice and punk feminism in games: “When you can’t see your stories and perspectives in an industry, then you have to put them there,” says studio founder Dr Hannah Wood
  19. Game developers have too much job security | 10 Years Ago This Month
  20. Biden/Harris Campaign Deploys Custom ‘Fortnite’ Map To Teach Voters About Key Policies
  21. Old School Runescape breaks concurrent player record during Leagues II event
  22. Is the games industry open to working class people?
  23. Black representation in games | Podcast
  24. Twitch Marketing Promo Over Golden Emoji Goes Horribly Wrong After DMCA Nuclear Strike
  25. Hasan Piker’s Twitch Stream Is the Future of Election Night Coverage: Last night’s Twitch stream was so thoroughly modern that I was actually able to calm down.
  26. Elastic Audio announces Intonal, a new audio programming language for games: CEO Andrew Beck says Intonal would allow game sound design to be as reactive and adaptive as graphic design
  27. Pokémon Go’s 2020 revenues estimated at $1bn so far: Niantic game on course to record its best year ever, third biggest mobile game globally
  28. Digital and catalog sales continue to drive growth at Capcom
  29. Capcom’s games business rescues six-month results: Total revenue and profits increased despite the impact of COVID-19 on arcades and amusement centres
  30. Frostpunk board game raises over €2m on Kickstarter
  31. Guild Wars 2 pauses Steam plans to focus on expansion development
  32. Steam rolls out built-in playtest invite and management tool beta for devs
  33. The Lego Group helps Builder’s Journey dev Light Brick go independent 
  34. PUBG Mobile has ceased operations in India due to government ban: Tencent statement defends protection of user data — “we deeply regret this outcome”
  35. Tencent shutting down PUBG Mobile in India following government ban
  36. Tencent leads $25 million investment in Avakin Life dev Lockwood Publishing
  37. Tencent invests in Lockwood Publishing: Chinese tech giant leads a $25 million investment round in the Avakin Life creator
  38. Tencent-owned Honor of Kings is recording 100 million average daily active users
  39. Sega Sammy sells off arcade business as COVID takes its toll
  40. Sega Sammy sells arcade business Sega Entertainment to Genda Inc: Company says arcades suffered due to COVID-19; expects “extraordinary losses” for fiscal year related to the sale
  41. Gfinity cuts costs, seeks stability following another year of losses: Operating loss for the year was £5.5 million as company ponders acquisitions, partnerships, or sale
  42. Zynga posts record quarterly revenues, bookings: Social publisher sees even more acquisitions in its future as revenue, engagement metrics grow, but net loss remains
  43. Stillfront acquires collectible card game developer Everguild for $1.37 million
  44. Stillfront Group acquires Everguild for £1.06m: Studio collective expands into the CCG genre with Madrid-based developer
  45. Curve Digital acquires For the King developer IronOak Games
  46. Curve Digital acquires IronOak Games: Canadian studio behind For the King becomes Curve’s second studio acquisition
  47. UK startup Sugar closes £1.5m pre-seed round: Passion Capital leads investment in new firm offering finance to games studios wishin to avoid equity funding
  48. Phil Spencer: “Our motivation is not to turn everybody into a subscriber” – The Xbox chief renewed his commitment to retail and said Game Pass is not here to “take options away from people”
  49. Phil Spencer calls for more diverse leaders in games: Having “visible leaders” should be the industry’s focus, Xbox chief said, addressing the role Microsoft has to play against racial inequity
  50. Bethesda exec says an Xbox-exclusive Elder Scrolls is “hard to imagine”
  51. Bethesda, Microsoft Make Conflicting Statements About Game Exclusivity After Studio Purchase
  52. Microsoft tightens Xbox security to prevent DDOS attacks: Xbox players were being targeted through “random party invites” in multiplayer titles
  53. Xbox Party Chat security is being improved to protect IP addresses
  54. PlayStation boss prefers organic studio growth over ‘frenzied’ spending
  55. PlayStation CEO Jim Ryan on making PS5 more successful than PS4: “I’ve done them all, and this has easily been the most extraordinary PlayStation launch of any of them.”
  56. Sony expects PS5 to exceed PS4’s 7.6m launch sales this fiscal year: But CFO Hiro Totoki says each unit will make a “negative contribution to earnings for the time being”
  57. The big boost – PlayStation Plus & Fall Guys’ success?
  58. Does PlayStation need to buy more games studios? | Opinion: With Microsoft snapping up major studios and publishers in recent years, we consider the implications for Sony
  59. Sony reportedly puts a stop to third-party PS5 faceplate plans
  60. War Stories: How Nintendo sold the NES to a skeptical country
  61. Bringing more franchises to mobile is Activision Blizzard’s biggest opportunity, says COO
  62. Activision-Blizzard needs to hire 2,000 people to meet production demands: Publisher to beef up for franchise-focused strategy a year and a half after laying off 800
  63. Activision Blizzard reports $1.95 billion in revenue
  64. Activision Blizzard beats forecasts with $1.95 billion in Q3 net revenue
  65. Call of Duty drives Activision Blizzard revenues up 52% year-over-year: Modern Warfare reboot sets franchise record for first-year premium sales as engagement dips for Blizzard, King
  66. Far Cry 6, Rainbow 6 Quarantine delayed: Ubisoft pushes upcoming games into next fiscal year as it reports record profits for first half of year
  67. Live games keep cash flow steady as Ubisoft readies for big launches
  68. Some current-gen Ubisoft games are forward compatible on Xbox but not PlayStation
  69. Ubisoft ‘undertook profound actions’ to address studio culture concerns, says CEO
  70. Ubisoft’s strong earnings benefit from live service games and back catalog sales during pandemic
  71. Facebook’s cloud isn’t for the birds | Opinion
  72. CD Projekt Red’s stock fell 25% in two months amid Cyberpunk uncertainty: Negative stories about the production and release of Cyberpunk 2077 coincided with €2.5b decline in market cap
  73. CD Projekt attributes new Cyberpunk delay to working with current-gen consoles: Co-CEO Adam Kiciński apologizes to staff for “demeaning and harmful” comments about crunch during investor call
  74. CD Projekt: Cyberpunk crunch ‘not that bad’, ‘mostly’ hits QA, engineers, programmers
  75. Developer talent representation evolving alongside the industry: CAA head of games Derek Douglas discusses how Hollywood agencies have handled gaming over his 15-year career
  76. Friday the 13th: The Game winds down with final patch, end of dedicated servers
  77. Skate 3 returns to top three ten years after release | UK Digital Charts: But FIFA 21 remains at the top
  78. Soft opening week for Watch Dogs Legion and Pikmin 3 | UK Physical Charts: New Dark Pictures game breaks Top Ten
  79. What could game publishers be doing better?
  80. Gears Pop! to shut down as long-term support becomes unfeasible
  81. Light Brick Studio splitting off from Lego: Builder’s Journey developer goes indie with investment from Lego Ventures, will continue to work on Lego games
  82. Caspar Lee-Founded Fund Invests In Spanish Creator Monetization Startup ‘Streamloots’
  83. Oculus Quest 2 pre-orders were five times higher than Oculus Quest: Mark Zuckerberg sets a target of “ten million active units” to make Facebook’s VR platform self-sustaining
  84. PlayStation boss suggests the ‘meaningful’ future of VR is still years away
  85. Jim Ryan: “We’re more than a few minutes from the future of VR” – PlayStation’s CEO said VR will not be “meaningful component of interactive entertainment” until at least 2022
  86. Sony to give away adapters to allow VR use on PlayStation 5: PSVR is not compatible with the PS5 out of the box, but Sony will start shipping adapters for free from the end of October
  87. The PlayStation 5 only supports PlayStation VR for PS4 games right now
  88. Saved by Morrowind, striving for Starfield: Todd Howard and the story of Bethesda
  89. Blog: Breaking down the level design of Die Young: Prologue
  90. Blog: A study on modern mobile design
  91. Blog: What I learned after making an Among Us-like game in 10 days
  92. Blog: What is the Unity Asset Store and how to make money on it?
  93. Video: Designing the robot dinosaurs of Horizon Zero Dawn 
  94. Video: Creating Michelangelo’s David in VR
  95. Don’t Miss: The six year journey to Donut County
  96. Don’t Miss: Game dev advice for creating terrifying and memorable 2D monsters
  97. Don’t Miss: Building the PvE features in World of Warcraft: Battle for Azeroth
  98. Don’t Miss: Building a light-hearted puzzle game around Friday the 13th 
  99. Don’t Miss: 6 techniques to make game narratives more dynamic
  100. Video: Building a writer’s room for Life is Strange: Before the Storm
  101. Mobile game sales deep dive: Meteorfall: Krumit’s Tale
  102. Thanks To Fair Use, One Man Is Trying To Preserve Old School Video Game Manuals

DIGITAL

  1. Facebook Charged Biden a Higher Price Than Trump for Campaign Ads: In swing states, Biden paid average ad rates of $34 compared with Trump’s average of $17 in July and August
  2. The Trump Camp Has Bought YouTube’s Masthead Ad 20 Times This Election—Including On Election Day
  3. What Twitter Did After Trump Said Democrats Are Trying to “STEAL” the Election
  4. Trump’s campaign and family boost bogus conspiracy theories in a bid to undermine vote count: Campaign sent estimated 9 million texts according to anti-robocall firm, some seeking money to launch voting challenges
  5. Court tosses constitutional challenge to Trump order on social media
  6. Facebook targeted in U.K. legal action over Cambridge Analytica
  7. Facebook sued by UK group over Cambridge Analytica breach
  8. Insights: Social Media Platforms’ Election-Protection Plans A Start, But Not Nearly Enough Change For Long-Term
  9. What The Election Means For Tech
  10. While Social Media Was Quick To Highlight And Limit The Spread Of False Claims Of Election Victory, Traditional Media Just Let It Flow
  11. Another Court Rejects Trump’s Censorial Anti-TikTok EO–Marland v. Trump (Eric Goldman)
  12. Judge: Trump Admin‘s TikTok ban would cause “irreparable harm” to creators
  13. Three TikTok Influencers Influenced A Judge To Block Trump’s TikTok Ban
  14. TikTok Countersues Triller, Says Its Tech Doesn’t Violate Patent
  15. TikTok Re-Ups Licensing Deal With Sony, Adding Marketing, Artist Discovery Components
  16. Nixon Scandal Resulted In A Law To Prevent The Politicization Of Antitrust Cases; Meanwhile Trump Uses His Politicized Antitrust Effort In Campaign Ad
  17. As Trump falsely claims victory, Twitter and Facebook counter misinformation
  18. How Facebook, Twitter, YouTube, and Reddit are handling the election
  19. Turkish President Sues Dutch Lawmaker Over A Bunch Of ‘Insulting’ Tweets
  20. U.S. Department of Justice Sues Google for Antitrust Violations
  21. Google Kills Nest Secure, Can’t Be Bothered To Explain Support Roadmap
  22. Senate hauls Zuckerberg, Dorsey into hearing to yell at them about tweets
  23. The Senate Snowflake Grievance Committee Quizzes Tech CEOs On Tweets & Employee Viewpoints
  24. A Digital Tech New Deal to break up Big Tech: Antitrust efforts in the US are not enough to counter the global power of Big Tech.
  25. NZ Supreme Court Gives A Mixed Bag Extradition Ruling To Kim Dotcom; Extradition Still Alive, But He Can Raise Procedural Issues
  26. Transparency Is Important; Mandated Transparency Is Dangerous And Will Stifle Innovation And Competition
  27. Constitutional Challenge to Trump’s Anti-230 EO Fails–Rock the Vote v. Trump (Eric Goldman)
  28. Free Market Advocate Switches Sides, Calls For Direct Government Interference In Online Moderation Decisions
  29. Trump campaign out $2.3 million after hack of Wisconsin GOP
  30. Changing Section 230 Won’t Fix Politicians’ Issues With Section 230
  31. Twitter, Facebook, Google Heads Testify on Section 230 and Local Journalism
  32. Your Problem Is Not With Section 230, But The 1st Amendment
  33. Snapchat Isn’t Liable for Its Speed Filter (Even if Section 230 Doesn’t Apply)–Maynard v. Snapchat (Eric Goldman)
  34. Creators Are Starting To Make A Lot Of Money On Facebook
  35. Facebook’s Handy Identity Crisis: Publisher or bulletin board? Can it really give up news sharing? Why the tech giant works hard to resist definition.
  36. Facebook Takes Aim at NYU Web Scrapers
  37. This microscopic 3D-printed Star Trek Voyager can move on its own
  38. Apple One, Apple’s answer to Amazon Prime, is finally launching
  39. On The Podcast: All The Reasons Why Quibi Didn’t Work
  40. A Quick Bite Post Mortem For For Quibi: Hollywood Still Doesn’t Get The Internet
  41. BEN Group Acquires YouTube Channel-Optimizing Browser Extension ‘TubeBuddy’
  42. YouTube Hits $5 Billion In Ad Revenue, 30 Million Premium And Music Subscribers In Q3
  43. YouTube Soundtracking Service Epidemic Sound Launches ‘Music Recommender’ Tool For Creators
  44. Ryan Kaji Becomes First YouTuber To Be Featured In Macy’s Thanksgiving Day Parade In Roughly A Century
  45. “Baby Shark” Overtakes “Despacito” To Become YouTube’s Most-Watched Video Of All Time
  46. Tati Westbrook Sued By Former Business Partner In Her Halo Beauty Vitamin Venture
  47. David Dobrik Links Up With Leonardo DiCaprio For Second Voter Registration Contest
  48. Google says it’s “committed” to Nest Secure but won’t ship any new features
  49. Senate hauls Zuckerberg, Dorsey into hearing to yell at them about tweets
  50. Netflix Raises Subscription Prices In The U.S., Causing Shares To Jump 4%
  51. Spotify CEO Says ‘The Joe Rogan Experience’ Is No. 1 English Podcast, Has “Outperformed Our Expectations”
  52. Filtering feminisms: Emergent feminist visibilities on Instagra
  53. Creator Community Standard Beefs Up In-House Video Production With Acquisition Of Studio Mighteor
  54. The Ongoing Transformation of the Digital Public Sphere: Basic Considerations on a Moving Target
  55. Decentralize the feedback infrastructure! (Pedro Garcia Lopez)
  56. Revisiting the Black Box Society by rethinking the political economy of big data (Benedetta Brevini, Frank Pasquale)
  57. Dark pools and data markets: an exploration of the regulatory challenges
  58. The Janus faces of Silicon Valley
  59. Freedom of Expression and Alternatives for Internet Governance: Prospects and Pitfalls (Emma Ricknell)
  60. A Digital Tech New Deal: Digital Socialism, Decolonization, and Reparations for a Sustainable Global Economy (Michael Kwet)
  61. California votes against granting Uber and Lyft drivers employee status
  62. Who Needs to Tell the U.S. Internal Revenue Service About Their Cryptocurrency Activity?
  63. US Bank Crypto Services Proceed, Crypto Debit Cards Launch in US and Mexico, Blockchain Enterprise Developments, and Crypto Enforcement Continues
  64. Someone has transferred ~$1 billion from a bitcoin wallet quiet since 2015

A.I.

  1. A new way to plug a human brain into a computer: Via veins
  2. Acknowledging AI as an Inventor of IP – A Slippery Slope to Giving AI the Same Rights as Humans?
  3. AI use in U.S. criminal justice reinforced racialized decision-making: Law Commission of Ontario
  4. Racial Discrimination in Face Recognition Technology
  5. Legal and Ethics Checklist for AI Systems
  6. Draft Proposal for the Regulation of Ethical AI
  7. Weak Ties: The Urban History of an Algorithm
  8. Patent protection of machine learning and artificial intelligence inventions in Europe
  9. “Oh Jeeeesus”: Drivers react to Tesla’s full self-driving beta release
  10. Tesla raises “full self-driving” price from $8,000 to $10,000
  11. Connected cars must be open to third parties, say Massachusetts voters
  12. Content Moderation Case Study: Moderating An Anonymous Social Network (2015)
  13. Content Moderation Case Studies: Using AI To Detect Problematic Edits On Wikipedia (2015)
  14. Video: Character control with neural networks in Assassin’s Creed
  15. More Than a Feeling: Emotion detection doesn’t work, but it will try to change your behavior anyway (Frank Pasquale)
  16. No longer sci-fi: our bodies as computers 
  17. Apply for UK Government funding for robotic AI by 20 November 2020 

COMMUNICATIONS

  1. Altering the broadcasting landscape – Canada’s Broadcasting Act to be amended
  2. Feds propose changes to Broadcasting Act that may raise $800 million from streamers: New regulations would ensure streaming platforms face same rules as traditional broadcasters
  3. Broadcasting Act Amendments
  4. The Government’s Internet Regulation Bill: Why Bill C-10 Will Mean a CRTC-Approved Netflix Service, Reduced Consumer Choice, and Less Investment in Canadian Culture (Michael Geist)
  5. Heritage Minister Steven Guilbeault’s “Get Money from Web Giants” Internet Regulation Bill: An Unauthorized Backgrounder (Michael Geist)
  6. What’s Another Way Supporters of Mandated Facebook Media Payments Promote Their Position? Paid Facebook Advertising (Michael Geist)
  7. The tech antitrust problem no one is talking about: Americans pay more for broadband, have fewer choices than consumers in other countries.
  8. Monopolistic U.S. ISPs Take Full Advantage Of The Covid Crisis
  9. “Stay Home” robocalls to voters prompt FBI, FCC investigations
  10. FCC forces T-Mobile to pay $200 million fine for subsidiary Sprint’s fraud
  11. Time to Treat Broadband Like the Essential Service It Is
  12. The Enormous Cost Of Digital Inequality 
  13. Cable TV Execs Move Past Denial Stage, Now Fully Expect A ‘Cord Cutting’ Bloodbath
  14. FCC Approves All-Digital AM Radio Broadcasts
  15. FCC Establishes $9 Billion Fund to Support 5G Services in Rural America
  16. FCC to Lift Freeze on TV Station Technical Improvement Applications
  17. More on the FCC Rule Changes on Public Notice of Broadcast Applications and Required New Link on Station Homepages
  18. Comcast Tells Customers They May Lose Access To Comcast Channels If Comcast Can’t Agree With Comcast 
  19. What’s New in 5G – November 2020 
  20. Audiovisual Media Services Regulations 2020 Made

INTELLECTUAL PROPERTY

  1.  Use Your Illusion: Rights in posthumous holographic performance
  2. Intellectual Property & Architecture – Copyright Protection in Focus
  3. Tenth Circuit Breathes New Life into a Spooky Skeleton Copyright Dispute 
  4. Protect Your Posts: New Group Copyright Registration Option for Online Blogs and Articles 
  5. The US election: a vote on IP?
  6. New Working Paper – Memes and Parasites: A discourse analysis of the Copyright in the Digital Single Market Directive 
  7. Canada: Official marks can lead to damages for infringement of regular trademarks, according to Canada’s Federal Court of Appeal 
  8. Procedures and strategies for anti-counterfeiting: Canada
  9. Ninth Circuit: Likelihood of Confusion Required to Sustain TM Counterfeiting Claim 
  10. Hallmark Win in Greeting Card Trademark Dispute: Court Finds Unauthorized Sale of Cards Meant for Destruction Infringing
  11. Neat infringement claim leaves whiskey competitor’s trade mark on the rocks
  12. Counterfeit luxury goods 
  13. Brand protection in the digital world 
  14. Distilling the value of corporate trademarks 
  15. Descriptive Use of a Registered Trademark is not Infringement
  16. Slogans as marks: when does a slogan function as a mark 
  17. Trademark Cancellation Is Appropriate Sanction for Misconduct
  18. Cookie Trade Dress Infringement Case Crumbles in Face of Functionality Challenge
  19. A Clear Need: To Allege Misappropriation, Identify Trade Secret 
  20. CIPO’s Patentable Subject-Matter Guidance – Same Code, Different Syntax 
  21. The Canadian Patent Office Releases New Guidelines: The Diagnostic’s Industry Should Be Cautiously Optimistic 
  22. Canadian Patents: What to Keep in Mind One Year After the Coming into Force of the New Rules? 
  23. The Intersection between Drop-Shipping and Patent Infringement 
  24. The Changing Patent Landscape in the Semiconductor Space 
  25. Size Matters in Obviousness Analysis 
  26. Marathon musings – Patenting running watch algorithms in Europe
  27. Five Patents You Should Know About for Halloween 2020
  28. Courtrooms and the America’s Cup – Patent infringement set to be the latest out-of-water battle 
  29. A “Bitterly Divided” Federal Circuit Declines to Stay Decision Invalidating Car Driveshaft Patent
  30. Clearing the 5G Patent Forest! 
  31. People With Silly Patents Would Really Like It If It Was Harder To Cancel Them
  32. Final PMPRB guidelines released 
  33. “Zombie” Privacy & IP Rights: Protecting the Rights to an Individual’s Image after Death: Part 1 of 2
  34. “Zombie” Privacy & IP Rights: Protecting the Rights to an Individual’s Image after Death: Part 2 of 2
  35. How Might New Supreme Court Justice Barrett Rule on IP Cases?

PRIVACY

  1. Alberta Court of Appeal rules that searches of electronic devices at the border are unconstitutional
  2. Cybersecurity Among Factors Driving Privacy Law Reform in Canada
  3. Use of Facial Recognition Software for Customer Analytics
  4. California Voters Approve New Data Privacy Law
  5. California Voters Pass Proposition 24 – the California Privacy Rights Act
  6. California Passes Proposition 24: California Privacy Rights Act to Become Law
  7. California Voters Approve Reworking of Landmark Consumer Privacy Law – What CCPA 2.0 Will Mean for Businesses and Consumers
  8. Clearview Resurfaces To Make Some Empty Promises About Keeping Cops From Abusing Its Tech
  9. Portland, Maine has voted to ban facial recognition
  10. Risks and Compliance Under the Illinois Biometric Information Privacy Act: No Actual Harm Required for Private Cause of Action
  11. One Clear Message From Voters This Election? More Privacy
  12. Stanford Research Shows VR Users Can Be Identified Using Only 5 Minutes of Motion Data
  13. How the Upcoming Election Could Change Privacy Law in the U.S.
  14. Google’s Project Zero discloses Windows 0day that’s been under active exploit
  15. EFF Asks Government To Dump DHS’s Plan To Massively Expand Its Biometric Collections
  16. Senator Wyden Wants To Know If The NSA Is Still Demanding Tech Companies Build Backdoors Into Their Products
  17. ICO fines Marriott 18.4 million pounds for failing to secure customer data 
  18. A New Wave of Class Action Lawsuits is Targeting Online Customer Tracking
  19. UK Privacy Regulator Dramatically Reduces Fine for British Airways’ GDPR Violations 
  20. Swiss-U.S. Privacy Shield Invalidated by Swiss Commissioner
  21. Dr. Strangenet—or, how I stopped worrying and embraced the WFH IT apocalypse

CREATIVITY

  1. Trump Appointee Removes ‘Firewall’ Preventing Administration From Meddling In VOA Reporting
  2. President-For-Life Hopeful Donald Trump Issues Executive Order Mandating ‘Patriotic’ Education For Kids
  3. Johnny Depp loses high-risk libel trial against NGN and Dan Wootton
  4. To Prevent Free, Frictionless Access To Human Knowledge, Publishers Want Librarians To Be Afraid, Very Afraid

Jon

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Class 10 – 11/4/20; Synchronous Presentation “Virtual Life in the Post-truth Era”

By Jon Festinger on November 6, 2020

Video below…

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