Posts

“Virtual Life in the Post-truth Era” – Presentation Wednesday November 4th

Hi everyone! Here are the slides for my presentation tomorrow on the potential regulatory responses to the implications of virtual life in a post-truth world. Hope you guys enjoy it!

Omri Rozen 423C Presentation

Presentation: Taxing Game Currency

Hello all!

My presentation is on the topic of assessing Canadian income tax on video game currency earnings. By way of background (in case you are baffled as to why anyone would ruin video games by talking about tax,) I am a student in the LLM in Taxation program at Allard. I am also a practicing lawyer and have dealt with some tax issues around virtual currency like bitcoin.

For context before you watch the presentation, the IRS (the US tax authority) has recently flip-flopped on the issue of taxing in-game earnings (this Forbes article provides a nice summary), while the CRA (the Canadian tax authority) has remained largely silent on the issue (this KPMG article provides some insight). For reasons that my alter-ego Dr. Taxine McTaxface explains in the video, a straightforward approach to the issue is not possible in the Canadian context due to both the manner in which our income tax legislation is drafted and the policy directives that have been issued by the CRA. I think that the issue will come to a head sooner rather than later as governments and the public become increasingly aware of the current and potential value of in-game earnings.

The video presentation was too large even in a compressed format to upload to the course website (limit is only 20 MB) so I have hosted it on a little media site that I run called The Legendaily Press. Please let me know if anyone encounters any problems with viewing it there.

Enjoy! I would be happy to engage in discussion here or at a future synchronous class.

 

Cheers,

Christine Arnold

VR Technology in a Post-Truth World: November 4th Presentation

Hi everyone! This coming Wednesday I will be presenting on the legal implications of the interaction between accelerating ‘virtualization’ and ongoing political trends in digital spaces, both in the context of video games and beyond. To get the class thinking about the immense potential for manipulation of participants in/inhabitants of virtual worlds, I have linked a brief video that provides an overview of the Cambridge Analytica scandal. Going into my presentation, I want you all to think about your political interactions online, whether explicit or implicit, and whether you think that increasingly living out our lives in virtual spaces will benefit or harm our democratic society.

 

News of the Week; October 28, 2020

NoW October 28, 2020 

GAMES

  1. EA hit with class action lawsuit in Canada over loot box usage
  2. EA Accused Of Running “Unlicensed, Illegal Gaming System”
  3. Billy Mitchell’s Donkey Kong high-score case will move forward to trial
  4. AOC’s Twitch stream is a milestone for games — and for politics | Opinion: Embarrassing copycats are inevitable, but Alexandria Ocasio-Cortez opened a new frontier by showing how to reach younger voters
  5. Twitch Deletes Content for Copyright Infringement Without Warning
  6. 2K Sports Could Have Avoided Its Un-Skippable Ads Backlash If The Ads Were Better Content
  7. Music industry organisations slam Twitch in open letter: The streaming giant denied the claims that its Soundtrack service is not fully licensed
  8. Epic refutes Apple’s theft claims as “implausible and deficient as a matter of law”: “Apple seeks to compare Epic’s conduct to stealing cash from a vault in ApplePark,” new legal filing argues
  9. Epic hits back at Apple, saying it ‘has no rights to the fruits of Epic’s labor’
  10. Casino Game App Settles Gambling Accusations for $6.5 Million
  11. Wasteland 3 removed “interactive use” of recreational drug for Australian release: InXile’s game was the only title out of 316 to be denied a certificate by the Australian ratings board in the last fiscal year
  12. “The industry has come of age — we take our responsibilities seriously”: UKIE’s Jo Twist on the right response to “a new phase of regulatory scrutiny” for the games industry
  13. Lifting the barriers for Black professionals in the games industry: Focusing on retention and promotion, the GamesIndustry.biz Academy looks at the barriers facing Black talent in games
  14. Microsoft’s game revenue up by $550 million as Xbox readies for Series X debut
  15. Microsoft quietly closes its final quarter before next-gen: Company projects 40% growth in hardware sales next quarter, constrained by supply
  16. Xbox Series boxes unboxed, revealing a series of Xboxes inside of boxes
  17. Microsoft explains how the Xbox Series S and X will shape up on day one
  18. Xbox Brazil host says she was fired to protect her from harassment: Microsoft says termination of Isadora Basile was unrelated to harassment, was instead due to increased focus on Xbox Wire
  19. Xbox muses xCloud expansion through ‘lower priced’ gear like streaming sticks
  20. All Xbox, 360, and One games playable on Xbox One work on Xbox Series X and S: Except the ones that require Kinect
  21. Phil Spencer: “You’re going to see lower-priced hardware as part of our ecosystem” – Xbox head suggests future tech could include streaming sticks, TV controllers for xCloud access
  22. Xbox wants more “E-rated content” to strengthen its portfolio: Phil Spencer also says its priorities for Game Pass put Chromebook, smart TV access above Switch or PS4
  23. First-party releases are driving sales and operating income at Sony
  24. PS4 shipments near 114m as new generation looms: More than 75% of all PlayStation revenue came from digital sources in the second quarter, with only 41% of games bought physically
  25. Clearing up which media apps will be available on PS5 at launch
  26. Sony delays PS5 launch title Destruction AllStars until 2021 
  27. Destruction AllStars delayed from PS5 launch: Sony pushes arena combat game’s debut to February, when it will be free to PlayStation Plus subscribers
  28. First 12 hours of PS5 preorders match first 12 weeks of PS4’s – CEO Jim Ryan: “It may well be that not everybody who wants to buy a PS5 on launch day will be able to find one”
  29. PlayStation’s new (web) store, genre viability & more
  30. Battle of the launch line-ups: What games make for a successful console launch?: How important are first-party games? What will be the key titles for PS5 and Xbox Series X/S? We look at the data
  31. 30 years later, Nintendo is localizing the first Fire Emblem game
  32. Control and Hitman 3 are heading to the Switch via the cloud
  33. Control, Hitman 3 receive streaming versions on Switch: Ultimate Edition of Remedy’s latest arrives today; both games will be free-to-start so players can test performance
  34. Nintendo’s new translation tune? What a Fire Emblem re-release means in 2020
  35. Nintendo drops price of single Joy-Cons in the US: Controllers get $10 price cut, as well as another color option for individual purchase
  36. Uplay+ rebrands to Ubisoft+, adding Luna and Stadia support by 2021: Ubisoft launches beta program on Amazon’s streaming service November 10 before hitting Google’s service by year’s end
  37. Ubisoft details next-gen improvements for its upcoming games: Most of the publisher’s upcoming titles releasing on current generation hardware will benefit from a free upgrade
  38. Ubisoft and Netflix partner on Assassin’s Creed live-action series: The deal also includes work on animated and anime series
  39. FIFA 21 retains No.1 in quiet week before the storm | UK Boxed Charts: Cadence of Hyrule sneaks into the Top 40
  40. Digital console spending up 40% last month thanks to wave of big releases – SuperData: NBA 2K21, Avengers, Tony Hawk, and Super Mario 3D All-Stars lead console spending for September
  41. Report: Latest Cyberpunk 2077 delay announcement blindsides its dev team
  42. Cyberpunk 2077, after going gold, gets delayed another month
  43. Cyberpunk 2077’s third delay pushes it to December 10: CD Projekt Red says it needs an extra three weeks to work on launch day patch
  44. CD Projekt Red devs speak out after Cyberpunk 2077 delay met with death threats
  45. Facebook quietly debuts cloud-streaming service for Facebook Gaming
  46. Facebook takes its first small steps into the world of cloud gaming: It’s not a new service, but cloud-powered games are playable on Facebook
  47. Facebook enters cloud streaming with free-to-play mobile games, playable ads: Jason Rubin explains the company’s plans to make the bottom line work, and how he expects streaming to change play patterns
  48. Deleting Facebook wipes out Oculus purchases: Users who have not linked their Facebook account to their VR headset yet are not impacted
  49. Facebook’s cloud-gaming offering focuses on free-to-play mobile games
  50. Analysis: Facebook gears up for ad-supported cloud gaming service
  51. Facebook’s cloud gaming push, why social gaming took off, more!
  52. “We need a real shift in the tide”: Black professionals on representation in the UK: As the UK celebrates Black History Month, we speak to developers, players and more about racial equality in the games industry
  53. Creative Director At Google Stadia Advocates Streamers Paying Game Devs And Publishers
  54. Google distances itself from Stadia creative director’s comments 
  55. Google distances itself from Stadia creative director Alex Hutchinson: Internet giant asserts that tweets about streamers paying royalties “do not reflect those of Stadia, YouTube or Google”
  56. Mojang games to require Microsoft account: All the titles from the Minecraft developer will be impacted by the change, including Minecraft Java Edition
  57. We need to talk about Steam & China
  58. Roblox player spending passes $2 billion on mobile: Sensor Tower estimates suggest half of that total arrived in the last 12 months
  59. Devolver Digital brings in licensing specialist to work on Fall Guys: Fée Heyer brings experience from Dunlop Sports, describes Mediatonic’s game as “a phenomenon rarely seen before”
  60. The constant tug of war between AAA developers and “the money people”: Massive Entertainment boss David Polfeldt discusses the instability of AAA and the influence of self-inflicted crunch
  61. Scopely acquires Genjoy: Match-three developer and its 150 employees add to Scopely’s presence in Spain
  62. Scopely acquires Spanish mobile studio Genjoy to expand match-3 roster
  63. Scopely raises $340 million to forge new partnerships in mobile games
  64. Scopely picks up $340 million in Series E funding: At least 14 investors lend support to Star Trek Fleet Command company
  65. Shotcall closes $2.2m seed round: The platform aims to connect content creators and their community by letting them play together
  66. Genshin Impact made $245m in its first month on mobile alone: This makes it one of the biggest mobile launches ever
  67. Riot Games appoints first ever chief marketing officer to help expand player base
  68. Call of Duty: Mobile has topped 300 million downloads
  69. Clever game dev tech is at the core of Watch Dogs Legion’s London
  70. Watch Dogs: Legion review: A meaningless mob, with mostly merry mayhem
  71. Watch Dogs Legion | Critical Consensus: Ubisoft’s latest draws largely warm reception as the play-as-anyone idea works, but critics split on how far that carries the game
  72. Uplay+ subscription rebrands as Ubisoft+ and adds multi-platform support
  73. Ubisoft and Netflix partner for live action Assassin’s Creed series
  74. How Indiana Jones, Rambo, and others ended up in 1980s Czechoslovak text-adventures
  75. Why bringing Donkey Kong 64 into the third dimension required a mental shift
  76. Building concept art workflows with neural net-powered ‘generative adversarial networks’
  77. Unity teams up with Lego to teach game development fundamentals
  78. MrBeast-Backed Gaming Venture Launches Backbone One, A Controller That Turns iPhones Into Consoles
  79. Cloud9 signs its first-ever all-woman esports roster: Valorant team formerly known as MAJKL becomes Cloud9 White, begins competing this week
  80. Tencent leads $100 million investment into Chinese esports company VSPN
  81. Tencent leads $100m Series B round in VSPN: Chinese esports firm eyes international expansion after growing to 1,000 employees in the space of four years
  82. VENN closes $26m Series A funding: The esports and gaming broadcast network secured Nexstar Media Group as an exclusive local television partner
  83. CS GO pro players banned for betting on themselves: The accused had accomplices that were placing identical bets
  84. Esports Entertainment Group to acquire Helix Esports and ggCircuit: The deal will be worth $43 million, Esports Entertainment Group teases more “near-term” acquisitions
  85. Not Just America: CEO Of Esports Org In India Says COVID-19 Resulted In Explosive Growth
  86. Trademarks and E-games
  87. VR lessons from Arizona Sunshine’s success: Vertigo Games dives into the strategies behind its virtual reality hit, and how it paved the way for future projects such as After the Fall
  88. Ubisoft’s VR Space Sim ‘AGOS: A Game of Space’ Launches Today
  89. How Agos A Game Of Space Will Turn Players Into A Spaceship: Will you be the benevolent AI spaceship guardian of the human colonists in the VR space sim Agos, or will you go homicidal like HAL?
  90. Tilt Five on working around the pandemic to deliver tabletop AR: CEO Jeri Ellsworth explains how the platform adapted its manufacturing and fundraising to COVID-19, and what the strategy is going forward
  91. Video: The lighting technology of Detroit: Become Human
  92. Video: How internal game jams can help art teams.
  93. Video: How Jagex has evolved to change with the times over 16 years
  94. Video: A better way of depicting war in games
  95. Video: Bridging community divides in cross-platform online games
  96. Blog: The Zynga analytics platform in 2020
  97. Don’t Miss: What Nintendo’s indie program looked like way back in 2014
  98. Don’t Miss: Why Clint Hocking wanted every NPC in Watch Dogs: Legion to be playable

DIGITAL

  1. Facebook Seeks Shutdown of NYU Research Project Into Political Ad Targeting: In letter this month, Facebook says the project violates provisions in its terms of service that prohibit bulk data collection
  2. No Robots, Spiders, or Scrapers: Legal and Ethical Regulation of Data Collection Methods in Social Media Terms of Service (Casey Fiesler, Nathan Beard, Brian Keegan)
  3. Facebook’s Threat To NYU Researchers Is A Mistake, But It’s The Inevitable Follow On To Overreaction To Cambridge Analytica
  4. Zuckerberg And Facebook Throw The Open Internet Under The Bus; Support Section 230 Reform
  5. Sacha Baron Cohen Demands Facebook Remove Conspiracies; Flips Out When Facebook Removes His Article With Conspiracy Images
  6. S.D.N.Y. Dismisses Defamation Case Arising Out of “Battle by Tweet”
  7. Yet Another Twitter Account Suspension Case Fails–Jones v. Twitter (Eric Goldman)
  8. Trump’s website defaced with claim that Trump admin created coronavirus
  9. Hacker says he correctly guessed Trump’s Twitter password—it was “maga2020!”
  10. Trumpist Republicans Latest Freakout A Total Self-Own, As They Reveal They Don’t Read What They Tweet
  11. Ninth Circuit Dumps Sentencing Enhancement Handed To Defendant For Opening Social Media Accounts For ISIS Sympathizers
  12. Iran behind supposed “Proud Boys” voter-intimidation emails, Feds allege
  13. Google Will Temporarily Ban Election-Related Advertising Once the Polls Close
  14. RIP Google Play Music, 2011 – 2020
  15. We’re Still Unsure If Instagram Grants Users a Sublicense to Embed Photos (Eric Goldman)
  16. President’s Promise to Limit 230 Immunity is Underway
  17. Section 230 – Everything You Love and Hate About the Internet
  18. Another Section 230 Reform Bill: Dangerous Algorithms Bill Threatens Speech
  19. Content Moderation Case Studies: Facebook Removes Militia Event Following A Shooting (August 2020)
  20. Content Moderation Case Study: Facebook’s Moderation Of Terrorist Content Results In The Removal Of Journalists’ And Activists’ Accounts (June 2020)
  21. DOJ Antitrust Case Against Google Draws Allusions to Landmark Microsoft and Standard Oil Cases
  22. Google’s Data Collection Practices Face Scrutiny in Recent Lawsuits
  23. YouTube Is Running Out Of Room For Political Ads
  24. YouTube Music To Hold All-Day Digital Fest Featuring Artists From Its Foundry
  25. YouTube Adds New Navigational Gestures To Mobile App, Thumbnail View For Video ‘Chapters’
  26. Top 50 Most Viewed US YouTube Channels • Week Of 10/26/2020
  27. Top 50 Most Viewed YouTube Channels Worldwide • Week Of 10/26/2020
  28. RIAA Tosses Bogus Claim At Github To Get Video Downloading Software Removed
  29. GitHub boots popular YouTube download tool after RIAA claim
  30. Twitch’s Freak Out Response To RIAA Takedown Demands Raises Even More DMCA Questions
  31. Join The Fan Fiction Deep State And Watch This Latest Video That Addison Cain Really Doesn’t Want You To See
  32. Tubular Labs Debuts New Industry-Standard Viewership Metrics For Digital Video
  33. Invisalign Shares Soar Following Huge Quarter, With Substantial Jolt From Charli D’Amelio
  34. Startup ‘Kindred’ Wants To Help Socially-Conscious Influencers Speak With Greater Authority
  35. Amazon launches new Counterfeit Crimes Unit
  36. TikTok To Provide Greater Insight Into Video Takedowns With New Notification System
  37. Adult Card Game ‘What Do You Meme?’ Launches Official TikTok Edition
  38. TikTok Links Up with Shopify For Ad Integration Amid Social Commerce Push
  39. A Biden-Harris PAC Is Behind TikTok’s First Virtual Creator House
  40. YouTube Introduces New Icon For TikTok-Like ‘Shorts’ Tool, Shares Discovery Tips For Creators
  41. TikTok Partners With Associated Press To Display Live Election Results In ‘For You’ Feed
  42. Zoom Shuts Down NYU Event To Discuss Whether Zoom Should Be Shutting Down Events Based On Content
  43. The Daily Show’s Jon Stewart will return in new Apple TV+ series
  44. Apple develops alternative to Google search
  45. Insights: How To Avoid Quibi’s Gigantic Bust-Out In Your Own Startup
  46. BBTV Goes Public On Toronto Stock Exchange
  47. Bumble, the Popular Dating App, Eyes $6 Billion IPO
  48. Record Deals Are So Yesterday. Here’s The New Playbook For Musicians On The Internet.
  49. Spotify Inks Overall Podcast Deal With Talent Manager Scooter Braun
  50. Digital, Culture, Media and Sports Committee launches inquiry into the impact of streaming on the music industry
  51. Bot orders $18,752 of McSundaes every 30 min. to find if machines are working
  52. DOJ and IRS May Soon Begin Enforcement Actions Against Virtual Currency Tax Fraudsters
  53. PayPal Pushes Crypto Further into the Mainstream
  54. A general introduction to the regulation of virtual currencies in Canada
  55. SEC Resolves Digital Token Offering Case
  56. Bitcoin “Mixer” Operator Penalized by FinCEN for AML Violations
  57. Scanning the European Ecosystem of Distributed Ledger Technologies for Social and Public Good

A.I.

  1.  Bias behind bars: A Globe investigation finds a prison system stacked against Black and Indigenous inmates – Black & Indigenous inmates are more likely to get worse scores than white inmates, based solely on their race
  2. AI Predicts Aggressiveness of Early Stage Breast Cancer 
  3. USPTO publishes report on public views on artificial intelligence and IP Policy – US IP law adequate for now, until artificial general intelligence is reached? 
  4. UK Court Decision: Artificial Intelligence Machine Is Not An Inventor 
  5. Use of Aggregated Data in Artificial Intelligence Solutions
  6. Regulating AI: EU proposes legal framework for Artificial Intelligence 
  7. Don’t Miss: 7 examples of game AI that every developer should study 
  8. Don’t Miss: Looking back at Left 4 Dead’s dynamic AI 

COMMUNICATIONS

  1. Canadian News Media Lobby Group Calls for Creation of Government Digital Media Regulatory Agency (Michael Geist)
  2. Where is Canada’s News Media Lobby Promoting Its Link Licensing Plan for Facebook? On Facebook (Michael Geist)
  3. Senator wants Google, Facebook to pony up for local news
  4. Pai’s FCC squeezes in one more vote against net neutrality before election
  5. FCC Ignores The Courts, Finalizes Facts-Optional Repeal Of Net Neutrality
  6. The Trump Swamp Fights Itself Over Multi-Billion Dollar No-Bid Spectrum Grab
  7. Wall Street: Traditional Cable TV Sector ‘Unraveling’ In Wake Of Covid 
  8. As EU Starts To Draft Its Most Important New Online Law, The Digital Services Act, MEPs Want Basic Rights High On The Agenda
  9. TCPA Bites Political Speech Again: Trump Campaign Sued for Alleged Illegal Robotexts
  10. AT&T loses another 600,000 TV customers as it seeks buyer for DirecTV
  11. T-Mobile screwups caused nationwide outage, but FCC isn’t punishing carrier
  12. It’s Opposite Day At The FCC: Rejects All Its Own Legal Arguments Against Net Neutrality To Claim It Can Be The Internet Speech Police
  13. Congress, With Nothing Important On Its Hands, Seeks To Rush Through Nomination Of Anti-230 FCC Commissioner 
  14. We’re Already Hyping 6G When 5G Hasn’t Even Finished Disappointing Us Yet
  15. The Network: How a Secretive Phone Company Helped the Crime World Go Dark
  16. Stupid Use Of Profanity Filter Makes A Mess Of Virtual Paleontologist Conference
  17. FCC Proposes Expansion of Sponsor ID Rules to Require Disclosure of Foreign Government Support
  18. Community Broadband In The Age Of Covid

INTELLECTUAL PROPERTY

  1.  Enforcing Copyright Outside the Courtroom – The New Notice Regimes 
  2. FLVTO.biz Petitions SCOTUS To Hear Jurisdiction Argument In Stream-Ripping Lawsuit 
  3. Battle Lines Drawn Over Font Copyright Protection
  4. Tom Lehrer, Still Awesome, Releases Lyrics Into The Public Domain
  5. Armes v. Post: In action asserting co-authorship of Post Malone’s hit song “Circles,” court dismisses alleged co-authorship of recording, but denies motion to dismiss based on co-authorship of underlying composition. 
  6. SCOTUS Reaches for Cup of Java in Oracle v. Google Oral Argument
  7. New Working Paper – Memes and Parasites: A discourse analysis of the Copyright in the Digital Single Market Directive
  8. Canada’s Official Marks – A Public Nuisance? 
  9. Jack Daniel’s Petitions for Certiorari to Clarify Trademark Fair Use
  10. Monster Mash: Minor League Hockey Team Prevails Over Energy Drink Giant in Trademark Dispute
  11. One Restaurant Sends Cease And Desist To Another Over The Word ‘Juicy’ 
  12. Trade Secret Battle Waged in Legal Services Market
  13. Second Chances From the Second Circuit: Tiffany’s $21m Judgment Is Overturned and Remanded Back to the SDNY 
  14. Federal Court of Appeal affirms largest reported Canadian patent infringement award in history
  15. Navigating your Global Patent Prosecution Strategy under Canada’s new Patent Rules
  16. IP monitor: Claim construction revisited: Positive changes for applicants seeking to protect computer-related inventions
  17. Solving the ‘problem-solution’ problem for patent applicants: Choueifaty decision
  18. Can you patent software? 
  19. Spotlight On: Neulasta® (pegfilgrastim) / Fulphila® (pegfilgrastim-jmdb) / Udenyca® (pegfilgrastim-cbqv) / Ziextenzo® (pegfilgrastim-bmez) / Nyvepria™ (pegfilgrastim-apgf) 
  20. U.S. Court Values Cybersecurity Patents at Nearly $2 Billion, but Why?
  21. A Patentee’s Dismissed Lawsuit Will Preclude a Subsequent, Effectively Identical Suit in the Absence of Different Conduct, Different Alleged Violations or Litigants, or Different Subsequent Facts 

PRIVACY

  1. Sensitive Personal Information: Another Concept Borrowed From The GDPR
  2. Hacked Healthcare Provider Refuses to Pay Ransom, Attackers Target Psychotherapy Patients
  3. Advisories: “Brazen” Russian ransomware hackers target hundreds of US hospitals
  4. Data as Property?
  5. 2020 Data Privacy Compendium
  6. Top Five Tips to Protect Privilege in a Data Breach 

CREATIVITY

  1. Ivanka Trump, Jared Kushner Threaten Defamation Suit Over Lincoln Project’s Non-Defamatory Billboards
  2. Dark Ironies: The Financial Times and Cambridge Analytica
  3. Appeals Court Reinstates Injunction Blocking Federal Agents From Assaulting Portland Journalists
  4. Demonstrating the Strength of the “Opinion Defense,” Rose McGowan Defeats Defamation Suit

Jon

Delisted Games

Hello everyone,

Here is our presentation on delisted video games. Audio is attached to each slide (except the title slide), and we’ve provided links to a variety of resources you might find interesting throughout the slideshow. Hopefully the presentation plays without issue for everyone, but if you have any trouble accessing it please let us know. We hope you enjoy, and look forward to responding to any questions, thoughts and observations either in the comments or when we next meet in zoom!

Class 9A – 10/21/20; Synchronous Class “Building a PowerPoint Together” – The Video

A pedagogic experiment. Can we as a group build a class that then becomes a PowerPoint? So far here’s Part 1 – the Video. Part 2 – the PowerPoint to be added when ready…

Jon

Streaming… High Risk, High Return?

The seven cats of “CreamHeroes”, the heart of a near-legal dispute between the content creator and their management company – three more cats were recently adopted, bringing the total to 10.

Streaming (or content creating) has become a very lucrative profession in a relatively short period of time – from mukbang content creators to pro-gamers streaming on their off time, streaming has become a new way for individuals to showcase their talents and make money doing it. In addition to being sponsored by viewers (e.g. the YouTube streaming function allows viewers to donate money during the stream, in exchange for floating a predominant “message” that remains onscreen for a period of time), successful streamers will often attract sponsorships in return for advertising products and services on their streams, and they may even create merchandise lines for their fans (makeup YouTubers , for example, will often collaborate with makeup companies to make their own “lines”). Unsurprisingly, therefore, the streaming profession has rocketed in popularity – in South Korea, a country with a very strong streaming community presence, it is such that in a recent poll, streamers (or content creators) ranked #3 in the list of most popular professions of elementary school students, beating out more traditional professions like the doctor. (Source – but the article is in Korean.)

Continue reading “Streaming… High Risk, High Return?”

Delisted Games Presentation – Oct 28th

Hello everyone,

Jaclyn Salter and I our giving our presentation this coming Wednesday Oct 24th on delisted video games. Delisting is the process in which previously commercially released video games are taken down from digital or physical stores and are no longer available for purchase or redownloading. Our presentation explores the framework behind delisting, some notable cases of delisted video games, and some of the questions and implications for intellectual property law that stem from this phenomenon.

If you have time prior to the presentation, this video essay on the sad state of video game preservation sets out some of the larger issues around digital property and the concept of ownership that underpin the concept of delisting. Additionally, if you’d like to investigate what games have been delisted and get a sense of the scale of this matter, the website Delisted Games provides a thorough archive of games that are no longer available for purchase.

We hope you enjoy these resources, and look forward to sharing our presentation with you all!

News of the Week; October 21, 2020

GAMES

  1. Class Action Lawsuit Filed Against EA in Canada Over Loot Boxes
  2. EA facing Canadian class action lawsuit over loot boxes: Two plaintiffs seeking damages as suit calls out “unlicensed, illegal gaming system” in over 60 titles
  3. Mark Sutherland and Shawn Moore v. Electronic Arts Inc. (Notice of Civil Claim The Supreme Court of B.C., September 30, 2020)
  4. Rune 2 lawsuit alleges deliberate sabotage from Bethesda, ZeniMax
  5. ZeniMax, Bethesda, Roundhouse added to lawsuit over Rune 2: Ragnarok accuses companies involved in Human Head demise and Roundhouse formation of sabotaging Rune 2 and a game based on the Oblivion Song comic
  6. Alexandria Ocasio-Cortez is running an Among Us stream to drive voter turnout
  7. AOC makes explosive Twitch debut with over 435,000 Among Us viewers
  8. AOC’s debut Twitch stream is one of the biggest ever: And she’s genuinely pretty good at Among Us
  9. 439,000 People Watched Alexandria Ocasio-Cortez Take On Top Content Creators In ‘Among Us’
  10. Alexandria Ocasio-Cortez Storms Twitch: More than 400,000 people tuned into AOC’s stream of a marathon Among Us session with representative Ilhan Omar and Twitch luminaries.
  11. US Rep Alexandra Ocasio-Cortez’s Twitch stream drew 439k peak viewers: Among Us stream with fellow Representative Ilhan Omar and popular Twitch streamers saw highest peak of any politician on Twitch
  12. AOC’s record-breaking Twitch stream is the future of politics: Young, tech-savvy, meme-literate, and accessible
  13. Twitch purges videos after “thousands” of requests from music labels: Streaming site offers content creators the ability to delete all videos as it issues “a one-time warning to learn about copyright law”
  14. Women and gamers of color detail experiences with online harassment in games like Call of Duty
  15. More allegations surface against Rooster Teeth’s Ryan Haywood: Former Achievement Hunter host described as “predatory,” allegedly taking advantage of power imbalance to solicit sexual favours from young women
  16. A lawyer’s perspective on the industry’s abuse problem: Toxic family notions, favoritism and lack of regulation all lead to abuse, says legal expert Siobhán Crawford
  17. Summer video game reveals showed record number of female protagonists: But Feminist Frenquency’s annual analysis warns this may be a “one-off statistical anomaly”
  18. Liar Liar, Mobile Game Ads Under Fire — ASA Bans Misleading Ads for Mobile Games
  19. Epic vs. Apple is losing PR steam | Opinion: Sensible rulings in Epic’s legal dispute with Apple have pared the case back to its core question — and shown just how disruptive Epic’s demand really is
  20. Take-Two Opposes Trademark For An Entertainment Company Running An Axe-Throwing Facility
  21. NBA 2K21 adds unskippable ads to loading screens: 2K Sports introduces new monetization method to latest basketball title weeks after launch
  22. Players slam 2K after publisher inserts unskippable ads into NBA 2K21
  23. Sega takes flak for releasing Golden Axe prototype made ‘under crunch conditions’
  24. Sega criticised for launching Golden Axe prototype created “under crunch conditions”: Sega edited the Steam page and said in a statement that it “didn’t mean to dredge up painful memories”
  25. Bungie cease and desist pulls Destiny 2 cheat tool offline
  26. GameStop’s Microsoft partnership reportedly lands it a cut of digital Xbox revenue
  27. Microsoft will give GameStop a share of Xbox’s digital revenues
  28. Xbox’s GameStop deal: lifeline or table scraps?
  29. Microsoft will share digital revenues with GameStop on every Xbox it sells: Investment advisor says retailer will even get a share of DLC sales if physical game was purchased from another company
  30. Microsoft confirms Xbox Series X|S launch titles: 30 games will be “fully optimized” for next-gen system upon release, none exclusive to next-gen
  31. Xbox Series X unleashed: Our unrestricted preview
  32. Phil Spencer: Xbox could recoup Bethesda acquisition without PlayStation releases
  33. Xbox head: Bethesda purchase wasn’t to keep games away from other platforms – While each game’s platforms will be decided case-by-case, Phil Spencer says Elder Scrolls doesn’t need to be on PlayStation to recoup costs
  34. What happened with Microsoft’s Switch publishing experiments? 
  35. Nintendo Nukes ‘Zelda’ Fan Game, As Per Usual
  36. Switch game discovery – look on the bright side?
  37. Nintendo Switch shines on Amazon’s Prime Day | UK Boxed Charts: 29 out of the Top 40 jumped in sales week-on-week
  38. One-third of US gamers surveyed plan to buy a next-gen console this year: Baird finds purchase intent for PS5 and Xbox Series X|S roughly equal, Call of Duty expected to top holiday sales
  39. The PlayStation 5 user interface is an instant hub that prioritizes gameplay
  40. PlayStation 5 UI revealed: “Activity” shortcuts, picture-in-picture
  41. PlayStation Store to drop PS3 content and Wishlists on desktop and mobile: PS Vita and PSP games will also be gone as part of incoming store revamp
  42. PlayStation clarifies how its voice chat reporting tool will work on PS5
  43. Future PS5 updates will optimize cooling based on data from individual games
  44. PS5 will use downloadable updates to control game-by-game fan speed
  45. Google Stadia’s free demos could prove the value of game streaming
  46. Amazon Luna is live, and it’s already out-streaming Google Stadia
  47. Luna, Amazon’s take on cloud-based gaming, launches in (limited) early access
  48. Growth in UK games industry fastest ever recorded: Games development headcount is at an all-time high of 18,279 in the UK
  49. Lessons in community building from EVE Online
  50. YouTube: Among Us videos reached 4bn views in September – Video platform’s report shows US as largest audience, but viewers flooding in from around the world
  51. Unity creates Social Impact Division to support non-profits
  52. Unity launches Social Impact Division backed by $67m fund: New division will provide grants for work in education, sustainability, and health and well-being
  53. FIFA download launch sales spike 31% over last year | UK Digital Charts: Overall sales down only slightly over last year’s entry
  54. EA Motive boss: ‘player autonomy’ is key to studio’s future
  55. Avengers assembles September sales chart heavy on new releases: Square Enix’s latest just one of seven games debuting in the top 20 as NPD’s total US game sales for the month rise 10% year-over-year
  56. Marvel’s Avengers’ next-gen version delayed to 2021 to ensure product quality: Crystal Dynamics is taking its time after initial launch that “was not without turbulence”
  57. Report: China-owned mobile studio Playtika is chasing an IPO in the U.S.
  58. Mobile game publisher Playtika files to go public in window for game IPOs
  59. Playtika files IPO draft: Publisher behind Best Fiends, June’s Journey has confidentially submitted preliminary paperwork to go public
  60. MAG Interactive reports $25 million in sales: Revenue at the mobile games company also grew 28% from June to August 2020
  61. Game rental shop GameFly acquired by Alliance Entertainment group
  62. GameFly sold to distributor Alliance Entertainment: New owner says it will expand US rental-by-mail service’s selection of games, as well as hardware, accessories, and collectibles for sale
  63. ‘Fortnite’ Taps J Balvin For Latest In-Game Concert In Honor Of Halloween
  64. New nonprofit organisation Hit Save to support games preservation: The community-driven organisation is based in the US but will operate globally
  65. Z Event raises €5.7m for Amnesty International: The live streaming event broke the record for the most money raised for charity on Twitch
  66. Talent Firm Loaded Adds Pro Gamer Maria ‘Chica’ Lopez To Starry Roster
  67. Facebook Gaming Streamer Avori Henderson Signs With Ford Models’ New Esports And Gaming Division
  68. Blizzard winding down development on StarCraft II after over a decade
  69. Blizzard no longer developing new content for StarCraft 2: Developer will continue to issue balance fixes and work with partners on esports
  70. New ex-Blizzard game studio formed to pick up a fallen RTS mantle
  71. Ex-Blizzard devs land $4.7m for new studio Frost Giant 
  72. EVOS Esports closes $12m Series B round: Southeast Asia-focused esports firm has raised more than $16m in its lifetime
  73. Devolver Digital acquires Serious Sam dev Croteam
  74. Devolver Digital acquires Serious Sam developer Croteam: Publisher further cements partnership following decades of publishing deals
  75. How the Nemesis system got an indie makeover in Star Renegades
  76. Ubisoft Connect announced as a ‘refreshed’ replacement for Uplay and Ubisoft Club
  77. Overcoming AR’s limitations with Mario Kart Live Home Circuit: Velan Studios president Guha Bala on reinventing Nintendo’s best-selling racing franchise for augmented reality
  78. Sony Unveils ‘Spatial Reality Display’ with Eye-tracking for Glasses-free 3D Viewing: Priced at $5,000 and launching in November
  79. PSVR Not Compatible With PS5 Camera, New Japanese Bundles Include Adapter for PS4 Camera
  80. Oculus Quest 2 quietly drops support for Oculus Go games
  81. Facebook Develops Hand Tracking Method to Touch Type in VR Without a Keyboard
  82. Cliff Bleszinski may return to games development “slowly and cautiously”: Fall Guys and Among Us has given Gears of War designer hope as he reflects on the mistakes of Boss Key Productions
  83. Devolver brings in head of licensing to put Fall Guys ‘on the licensing map’
  84. Ken Williams doesn’t know how his design philosophy could work today: Sierra On-Line co-founder talks about his new book, disconnecting from the games industry, and what’s changed since he left nearly 25 years ago
  85. Tides of Chaos: How Baldur’s Gate 3 tackles the pure RNG of D&D-inspired dice rolls
  86. Learn how Supergiant brought Hades’ hand-painted characters to life
  87. Rocket League’s appeal isn’t rocket science | Why I Love
  88. Blog: Networking into the games industry as a new grad
  89. Blog: The in-app purchase merchandising playbook – Part 1 
  90. Video: How Criterion Games improved its studio leadership
  91. Video: Why your game community is now a marketing asset
  92. Video: The developers of Ghostrunner discuss the making a cyberpunk platformer
  93. Don’t Miss: The undying allure of the Metroidvania
  94. Don’t Miss: Crafting GoNNER’s modular abilities
  95. Don’t Miss: How the developers of New Vegas took back Fallout
  96. Don’t Miss: Crafting Danganronpa to surprise players
  97. Don’t Miss: The designer is god–or the devil–in The Talos Principle
  98. Q&A: Designing for seasons in bumbling platform royale Fall Guys
  99. Data Deep Dive: Meteorfall: Krumit’s Tale on Steam
  100. New non-profit Hit Save! wants to help preserve video games and their history
  101. The Video Game History Foundation is working to save our source code
  102. French charity steam Z Event raises $6.7 million for Amnesty International
  103. U.S. Patent no. 9,492,740: Remote and/or distributed equipping of video game characters
  104. U.S. Patent No. 10,625,156: Method and system for sharing video game content

DIGITAL

  1. Justice Dept. files long-awaited antitrust suit against Google
  2. What we know about the DOJ’s antitrust case against Google so far
  3. Bill Barr’s Google ‘Antitrust Inquiry’ Is A Weaponized Farce
  4. Trademark Genericide And One Big Way The DOJ Admits That Its Antitrust Lawsuit Against Google Is Utter Garbage
  5. Supporters Of Using Antitrust Against Big Tech Should Be Very Disappointed In How Weak The DOJ’s Case Is
  6. AOC makes explosive Twitch debut with over 435,000 Among Us viewers
  7. Facebook and the Group That Planned to Kidnap Gretchen Whitmer: Extremist groups and conspiracy theorists like to connect with each other just like everyone else.
  8. Facebook Is So ‘Biased Against Conservatives’ That Mark Zuckerberg Personally Agreed To Diminish The Reach Of ‘Left-Leaning’ Sites
  9. Cambridge Analytica’s Crime Was Not Violating Your Privacy Or Taking Data From Facebook, It Was A Massive Campaign Finance Scam
  10. Facebook to pause all political advertising—after the election
  11. Facebook Will Temporarily Ban All Political and Issue Advertising After the Presidential Election
  12. Facebook Abuses Trademark To Give New Prominence To Group Of Facebook Critics Who Are Trying To Shame Company Into More Moderation
  13. Facebook announces ban on anti-vaccination ads
  14. Facebook Bans Ads That Discourage People From Getting Vaccinated
  15. Facebook’s Oversight Board: what is it and will it make a difference?
  16. Six Russians accused of the world’s most destructive hacks indicted
  17. DOJ Says Trump’s Tweets Declassifying All Russia Investigation Docs Doesn’t Mean Anything; Judge Says They Better Go Ask Him
  18. Twitter abruptly changes hacked-materials policy after blocking Biden story
  19. Twitter Fixes Its Bad Policy On Blocking ‘Hacked’ Documents
  20. How Not to Cover Voter Fraud Disinformation: Journalists should treat systematic disinformation campaigns from President Trump no differently than from Russian propagandists and Facebook clickbait artists (Yochai Benkler)
  21. Court Says Trump Appointee Had No Authority To Fire Open Technology Fund Board; Says They Remain In Place
  22. How Zello Became A Recruitment & Organizing Tool For The Far Right
  23. CARU Says: Discord Is Not Directed At Children Under 13
  24. How a Road Trip Through America’s Battlegrounds Revealed a Nation Plagued by Misinformation
  25. Google search being searched for Anti-trust
  26. China Micro-Censors The VP Debate In The Most Hamfisted Way
  27. Mumbai Police Help Indian Prime Minister Modi Scrub BuzzFeed Of Images That Offended His Delicate Sensibilities
  28. Democracy & Dragons
  29. Against Platform Determinism
  30. Trolling for Truth on Social Media
  31. Global disinformation campaigns and legal challenges
  32. Hacking democracy: managing influence campaigns and disinformation in the digital age
  33. Global competition and the emerging challenge to open data
  34. The Law and Political Economy of Workplace Technological Change (Brishen Rogers)
  35. Where Platform Capitalism and Racial Capitalism Meet: The Sociology of Race and Racism in the Digital Society
  36. Wired Norms: Inscription, resistance, and subversion in the governance of the Internet infrastructure (Niels ten Oever)
  37. Replicating Silicon Valley? Law and Human Capital in the Making of China’s Tech Startups (Li-Wen Lin)
  38. Forget TikTok. IRS Inquiry Shows The Continued Abuse Of Location Data Is The Real Scandal.
  39. WeChat and TikTok Win Preliminary Injunctions Against Trump Administration’s Efforts to Ban the Apps
  40. Pakistan Reverses TikTok Ban, But Has Stipulations
  41. TikTok Unboxing Videos Are Driving Record Sales For Mini Brands, VIP Pets
  42. LinkedIn Isn’t a State Actor–Perez v. LinkedIn (Eric Goldman)
  43. DOJ Seizes Domains, Claiming They Pushed Iranian Disinformation; Should Raise 1st Amendment Concerns
  44. The GOP’s Blisteringly Hypocritical Road From Whining About Net Neutrality To Supporting Trump’s Idiotic Attack On Social Media
  45. While Trump Continues To Complain About 230, It’s Copyright Law That Once Again Actually Gets His Content Removed
  46. League Of California Cities Want Congress To Change Section 230… To Let Cops Spy On Everyone Using Social Media
  47. Section 230 Liability Shield Continues to Receive Scrutiny
  48. Section 230 Basics: There Is No Such Thing As A Publisher-Or-Platform Distinction
  49. Another Anti-Section 230 Bill? Sure, Why Not?
  50. Justice Thomas Writes a Misguided Anti-Section 230 Statement “Without the Benefit of Briefing”–Enigma v. Malwarebytes (Eric Goldman)
  51. Blatant Hypocrite Ajit Pai Decides To Move Forward With Bogus, Unconstitutional Rulemaking On Section 230
  52. FCC Announces Section 230 Rulemaking
  53. Chairman Pai: FCC to Address Social Media Immunity Under Section 230
  54. Jeffrey Toobin’s Zoom Dick Incident Is The Perfect Example Of Why We Need Section 230
  55. FCC trying to help Trump win election with Twitter crackdown, Democrats say
  56. FCC cites Title II in defense of helping Trump’s attack on social media
  57. FCC Too Afraid To Go On Record To Truly Support Trump’s Dumb Attack On Social Media
  58. Ajit Pai says he’ll help Trump impose crackdown on Twitter and Facebook
  59. Insights: With Zoom And Its Many Competitors, We’re All Livestreamers Now
  60. Ted Cruz Once Insisted That Net Neutrality Was The Gov’t Takeover Of The Internet; Now Demands That Twitter Host All Nonsense
  61. Republicans, Who Have Made Sure The Federal Election Commission Can’t Do Anything, File A Complaint About Twitter’s Moderation Practices
  62. Content Moderation Case Study: Facebook’s Internal ‘Hate Speech’ Guidelines Appear To Leave Protected Groups Unprotected (June 2017)
  63. Content Moderation Case Study: Apple Removes Games Containing Confederate Flags (June 2015)
  64. Content Moderation Case Study: Handling Trolls Invading A Community (1993)
  65. Assessment of the Code of Practice on Disinformation
  66. Instagram Agrees To New Measures To Curb “Hidden” Influencer Advertising In The U.K.
  67. Quibi Is Shutting Down
  68. Quibi streaming service shutting down after less than 1 year
  69. YouTube cracks down on QAnon conspiracists
  70. YouTube Bans Content Endorsing QAnon, Pizzagate
  71. YouTube Expands COVID Misinformation Policy To Ban Vaccine Conspiracies
  72. New Google Nest Hub experiment nixes the “Hey Google” voice hotword
  73. Google Chat goes free in 2021, while Hangouts loses features this month
  74. Google wants to turn YouTube into QVC with new shopping features
  75. Can You Avoid Creator Burnout By Working The YouTube Algorithm? Is More Actually Less? We Take A Look.
  76. YouTube Unveils First 5 Originals Produced By Its $100 Million ‘Black Voices’ Fund
  77. YouTube Gives Premium Subscribers Exclusive Access To Test New Features
  78. YouTube Testing Ecommerce Tools That Turn Creator Videos Into Product Catalogs
  79. Top 50 Most Viewed US YouTube Channels • Week Of 10/05/2020
  80. Top 50 Most Viewed US YouTube Channels • Week Of 10/12/2020
  81. Top 50 Most Viewed YouTube Channels Worldwide • Week Of 10/05/2020
  82. Top 50 Most Viewed YouTube Channels Worldwide • Week Of 10/12/2020
  83. Is The Creator-Owned “Smart YouTuber Mafia” A New Standard For Digital Content?
  84. Blast off with Scott Manley as he discusses his top 1,000 YouTube comments
  85. Google shuts down Trusted Contacts, its emergency location sharing app
  86. Google kills the Nest Secure, its $500 home security system
  87. David Dobrik, Emma Chamberlain, James Charles Lead This Year’s Pack Of Streamy Nominees
  88. MrBeast’s ‘Creator Games’ Sequel Sets YouTube Record With 1 Million Concurrent Viewers
  89. YouTube Exec Ryan Wyatt Says Valkyrae Is “The Fastest-Growing Livestreamer In The Entire World”
  90. France Passes Law Giving Child Influencers Same Protections As Young Actors, Models
  91. Snap Hits Record $50 Billion Valuation After Significant Q3 Growth In Revenue, DAUs
  92. Snapchat Launches ‘Sounds’, Enabling Users To Orchestrate Snaps, Stories With Licensed Music
  93. Teespring Will Now Let Creators Vend ‘Digital Products’, Like Photo Presets And Ebooks
  94. Reels Rolls Out New Content Discovery, Sharing Features
  95. Twitter Disables Core Functions To Prevent Spread Of Election Misinformation
  96. Joe Biden Taps Portal A For #ImVotingFor Influencer Campaign On Instagram, Twitter
  97. Twitter Will Turn Off Some Features to Fight Election Misinformation
  98. QAnon/8chan sites back online after being ousted by DDoS-protection vendor
  99. Google Music shuts down smart speaker support and music store
  100. Logan Paul’s Pokemon Card Unboxing Stream Gets 300,000 Concurrent Viewers, Raises $130,000 For Charity
  101. Facebook Unveils Free Tool Enabling Creators To Test Video Post Performance Before Publishing
  102. Spotify Now Lets Podcasters Use Its Entire Music Library In Their Shows
  103. Riot Games and Spotify team up
  104. Brooklyn-Based Startup MSCHF Wants To Pay Influencers To Take Down “Evil” Brands
  105. Stupid Use Of Profanity Filter Makes A Mess Of Virtual Paleontologist Conference
  106. IBM to split into two companies by end of 2021
  107. Insights: Could The Streaming Services Killing Movie Theaters Save Them Instead?
  108. Netflix Nixes Free Trials In U.S.
  109. ‘Ratched’ Hooks 48 Million Viewers In 28 Days, Becoming Netflix’s Most-Watched Debut Of 2020
  110. Following Staff Exodus, Bon Appetit Relaunches YouTube Channel With 8 New And 3 Returning Hosts
  111. Apple pays $288,000 to white-hat hackers who had run of company’s network
  112. Microsoft thumbs its nose at Apple with new “app fairness” policy
  113. Trickbot—the for-hire botnet Microsoft attacked—is scrambling to stay alive
  114. 1980s MTV is back, sort of: Apple launches Apple Music TV channel
  115. Coordinating office space: Digital technologies and the platformization of work
  116. Targeting Ontological Security: Information Warfare in the Modern Age
  117. We’re touching our smartphones more than ever. And it’s changing the ancient connection between the body and the brain
  118. The pernicious contagion of misinformation: False statements – about Covid-19 and so much else – spread like a virus online. Scientists should study them like one.
  119. The Internet is full of business cats: Dealing with the breakdown of the work/home divide
  120. A giant cat picture was just discovered among the Nazca Lines: Archaeologists haven’t yet located an accompanying giant meme caption.
  121. Another Significant Cryptocurrency Decision: SEC v. Kik Interactive Inc. and Token Offerings Under the Securities Laws
  122. Unpacking the DOJ’s cryptocurrency guidance: Enforcement priorities and industry implications
  123. DOJ’s Evolving Framework for Cryptocurrency Enforcement
  124. The US Department of Justice issues Cryptocurrency Enforcement Framework forecasting increased scrutiny of activities involving cryptocurrency
  125. Chinese City Issues Digital Currency in Pilot Program
  126. A Map for the New World of Blockchain
  127. New Export Controls: Emerging Technologies
  128. New Centre for Media, Technology and Democracy launched at McGill University’s Max Bell School of Public Policy

A.I.

  1. Waymo finally launches an actual public, driverless taxi service
  2. The Unforeseen Benefits of Driverless Transport during a Pandemic
  3. Trustworthy artificial intelligence 
  4. Are we being too hard on HAL? Some thoughts on the legal need for “explainable” artificial intelligence. 
  5. AI and Your Legal Analysis
  6. Artificial Intelligence Licensing: What You Need to Know
  7. The Losers of automation. How the introduction of robotics changed the European occupational class structure
  8. To Surveil and Predict: A Human Rights Analysis of Algorithmic Policing in Canada
  9. Expanding Biometric Class Actions Beyond Illinois 
  10. AI and the fight for inventorship – DABUS patent knocked out in UK High Court
  11. ‘Machines set loose to slaughter’: the dangerous rise of military AI 
  12. Human Judgment in algorithmic loops: Individual justice and automated decision‐making
  13. Algorithmic Censorship by Social Platforms: Power and Resistance
  14. Is Facebook too big to know? The Markup has a plan (and a browser) to wrap its arms around it: The CBP will pay Americans to monitor the choices that tech company algorithms are making for them.
  15. Artificial intelligence – from principles to practice
  16. Doctor Alexa will see you now – regulating artificial intelligence in healthcare
  17. USPTO Releases Report on Artificial Intelligence and Intellectual Property Policy
  18. Government Data Practices as Necropolitics and Racial Arithmetic
  19. Artificial Intelligence improves clinical trials
  20. Legal industry ramping up adoption of artificial intelligence, says AI platform partner

COMMUNICATIONS

  1.  How Can Linking to an Article be Immoral When the Media Source Itself Does the Posting? (Michael Geist)
  2. How Can Linking to an Article be Immoral When the Media Source Itself Does the Posting, Part 2: A Day in the Life of the Toronto Star on Facebook (Michael Geist)
  3. Forget Link Licensing and Cross-Subsidies: When it Comes to Tech, Canada Should be Focused on Competition Law and Tax Policy (Michael Geist) 
  4. Class dismissed: CRTC finds OneClass in violation of Canada’s anti-spam legislation
  5. NASA and Nokia are putting a 4G network on the moon
  6. AT&T plans thousands of layoffs at HBO, Warner Bros., rest of WarnerMedia
  7. AT&T Is Taking An Absolute Bath On Its DirecTV Merger
  8. AT&T Gives Up On DSL, Leaving Many Out Of Broadband’s Reach 
  9. Comcast says gigabit downloads and uploads are now possible over cable
  10. Verizon’s New ‘Nationwide’ 5G Isn’t Nationwide, Barely Faster Than 4G
  11. Successful 5G implementation
  12. Half Of Smartphone Users Incorrectly Think They Already Have 5G
  13. FCC Adopts Final Rule Formalizing Team Telecom Foreign Ownership Review
  14. FCC Adopts Rules Codifying Foreign Investment Process
  15. The November Election and the FCC: Predictions for Five Key Policies
  16. Wisconsin Gets Wise To Foxconn’s Grift, Blocks New Subsidies
  17. Employees Say Foxconn & Donald Trump’s Wisconsin Factory Scam Was An Absurdist Hellscape 
  18. Access to Infrastructure: using existing ducts and pipes to install new fibre broadband
  19. Five Bar Owners Arrested In France For Not Logging Internet Use By Patrons Using Bars’ WiFi Connections

INTELLECTUAL PROPERTY

  1. Supreme Court of Canada to Hear York University/Access Copyright Appeals
  2. Justice Luc Martineau is new chair of Copyright Board of Canada
  3. Google gets mixed reception in Supreme Court clash with Oracle: Justices held a low-tech telephone session in one of the biggest software fights in American history on Wednesday
  4. Google’s Supreme Court faceoff with Oracle was a disaster for Google 
  5. IP Alert | Supreme Court Hears Arguments in “Copyright Case of the Century”
  6. Supremes won’t review the morality of whitewashing graffiti art
  7. Denial of Certiorari Leaves in Place Ninth Circuit En Banc Decision Finding No Infringement in “Stairway to Heaven”
  8. hiQ Labs v. LinkedIn Corp., the Web Scraping Saga Continues
  9. Music in Podcasts – As Podcasts Shut Down Following Infringement Notices, Looking at the Required Music Rights
  10. 512(f) Claim Survives Motion to Dismiss–Brandyn Love v. Nuclear Blast America (Eric Goldman)
  11. By the Book: Unauthorized Material Doesn’t Forfeit Training Guide’s Copyright Protection
  12. Nicki Minaj’s Experimentation with Tracy Chapman’s Classic “Baby Can I Hold You” Qualifies as a Fair Use Under Copyright 
  13. NY Art Disputes Highlight Fame’s Role In Copyright Suits 
  14. “Can’t Hold Us” Liable: Macklemore & Ryan Lewis Win Affirmance in Copyright Suit
  15. We Interrupt This Hellscape With A Bit Of Good News On The Copyright Front 
  16. DMCA Takedown Notices: A New Opponent for Twitch Streamers 
  17. Twitch blasts streamers with vague, unhelpful DMCA takedown emails
  18. Lessons from a pandemic: long-term impacts on Canadian trademark practice 
  19. The Cousteau Society, Inc. v. Cousteau: Court holds granddaughter of Jacques-Yves Cousteau cannot escape trademark infringement based on unauthorized use of Cousteau’s trademarks in film projects and materials.
  20. Microsoft Wields Its IP For Good, Cripples Botnet Via Trademark Litigation 
  21. Will Disney’s newest Toy Story 4 character go ‘caboom’?
  22. Boston University students launch “F*ck It Won’t Cut It” campaign, University files a Trademark application
  23. Lehman Brothers is Gone but Not Abandoned 
  24. EU: What does Brexit mean for EU trade marks and designs?
  25. Comparative aspects of trademark dilution between the United States and China
  26. Versace ripped off the Canucks’ spaghetti-skate logo 
  27. Depreciation of goodwill with cannabis trademarks 
  28. Determined not to tumble: British Gymnastics’ trade mark dispute and IP protections for sports properties
  29. The Third Circuit Shares Some Food for Thought on the Bounds of Trade Dress Protection 
  30. Court of Appeal Upholds Interim Injunction in Trade Secrets Case
  31. How to Keep Trade Secrets Secret
  32. New Trade Secret Protections in China
  33. Protection of store layout under IP law
  34. Protecting Recipes and Food as Intellectual Property
  35. $644-million award for patent infringement upheld on appeal; Accounting of profits remedy removes “economic incentive to infringe”
  36. IP monitor: Quebec Superior Court dismisses application for disavowal of a IP monitor – Quebec Superior Court dismisses application for disavowal of admissions of patent invalidity
  37. Federal Court Freezes Out Motion to Vary Injunction in Patent Case
  38. US Patent Boss Says No Evidence Of Patents Holding Back COVID Treatments, Days Before Pharma Firms Prove He’s Wrong
  39. Federal Circuit Restores Induced Infringement Verdict Against Teva
  40. Watch Out: The Patent Maximalists Are On The Warpath To Destroy Innovation And Empower Patent Trolls 
  41. Applying the Broadest Reasonable Interpretation of the Claim in Light of the Specification, Federal Circuit Revives Claims in Heart Valve Patent
  42. Why Is My Company Being Sued For Patent Infringement In Waco, Texas?
  43. Beyond borders: Extraterritorial reach of Australian patents
  44. Inadequate Translation of a Non-English Application Leads to US Patent Invalidation
  45. Skinny Label Does Not Prevent Finding of Induced Infringement 
  46. Expert Testimony Stricken Where Expert Did Not Show Non-Infringing Alternatives Were Available in the United States 
  47. Worried about being sued for patent infringement in multiple jurisdictions? Three ways to gain control 
  48. New Grape Varieties – Raisin Awareness of Plant Patents 
  49. High Stakes: Protecting Your Cannabis Intellectual Property 
  50. Nobel Prize 2020: A Chemistry Patent Attorney’s View 
  51. Key IP Agreements for Startups
  52. Blowing away the competition: design evolution, and what it’s like to be Head of IP at Dyson

PRIVACY

  1. Canadian privacy and data protection basics for emerging companies
  2. Sask. privacy commissioner finds clinic’s loss of Dictaphone with patient info was privacy breach
  3. Location Data Obtained By CBP Comes From Phone Apps, Is Capable Of Tracking People On Both Sides Of The Border
  4. H&M fined €35.3m under GDPR for ‘Return to Work’ practices
  5. Fancy Bear imposters are on a hacking extortion spree
  6. COVID-19 Is Driving The Uptake Of Chess — And Of Surveillance Tools To Stop Online Players Cheating
  7. Adblockers installed 300,000 times are malicious and should be removed now
  8. Privacy as an aggregate public good
  9. United States: California Privacy Rights Act – what you need to know
  10. Schrems II Series: United States Defence 
  11. In wake of the Schrems II, CNIL challenges use of Microsoft cloud storage to host public health data lakes (the Health Data Hub case – Part 1)
  12. Judge Shuts Down Vallejo PD’s Illegally-Obtained Stingray
  13. SF Chronicle Op-Ed: “Prop. 24 is the Wrong Policy Approach, at the Wrong Time, via the Wrong Process” (Eric Goldman)
  14. The Right to be Forgotten

CREATIVITY

  1. Quebec court acquits fiction author of child pornography charges
  2. DOJ Is Suing Melania Trump’s Ex-Friend Over Her Book, Despite Never Being A Government Employee
  3. Administration Officials (Again) Break The Law By Investigating Voice Of America Journalist For ‘Anti-Trump Bias’
  4. Devin Nunes Asks Appeals Court To Invalidate Bedrock Supreme Court 1st Amendment Ruling
  5. ICE Spent Your Tax Dollars Dragging A Journalist Through The Internet Sewer Over A Mistake She Apologized For
  6. Federal Judge Ridiculously Says That Holding A Sign Telling People Cops Are Ahead Is Not Free Speech

Jon

Reggaeton, Fortnite and Halloween… a lucrative mashup?

This article by Pitchfork discusses the announcement made this week by Epic Games that J. Balvin will headline a concert and premiere his new song  “La Luz”  in Fortnite for their Halloween “Fortnightmares” event.

First, for some critical context (for those who do not already know) J.Balvin is a Reggaeton superstar. You may be most familiar with such hits as “Mi Gente”, including a remix with the Queen Bee herself (imbedded below as it is one of my personal favourites), and “I like it” with Cardi B and Bad Bunny.

Reading this article, I was intrigued to learn that Balvin is not the first mainstream musical artist to debut music on Fortnite. Earlier this year, at the end of April, Travis Scott also performed a ten minute concert on Fortnite. That performance was a wildly successful collaboration for both Epic Games and for Travis. Another article (“Where Can Virtual Concerts Go After Travis Scott’s Fortnite Extravaganza”) by Pitchfork notes

” 27.7 million unique gamers attended the digital gig 45.8 million times. Its success catapulted “THE SCOTTS,” which premiered as part of the Fortnite set, to debut at No. 1 on this week’s Hot 100 chart.”

This earlier Pitchfork article attributes the success at least in part to Covid-19 and the resulting worldwide quarantines. The article points out that the quarantines created the demand for virtual entertainment among gamers and non-gamers and the inability to explore traditional venues increased artist willingness to engage in new methods for reaching audiences.

It also touched on how various game platforms and developers are particularly suited to integrate their traditional offerings to meet this demand for virtual live musical entertainment in unique ways. For example, they discuss the interactive components and the interesting ways in which the Travis concert unfolded on Fortnite (“players….watch a digital avatar of Travis Scott teleport around a beach, tower against a blood-red sky, and launch audience members into outer space…”). They also touched on platforms such as wave and their creation of the artist avatar, and other platforms who are on record as considering the possibility of concerts starring post-humous legendary musical acts…

For the Balvin event, it appears gamers will be engaged in a game/quest, at the end of which the concert will be given as a ‘reward for staying in on Halloween’.

Some food for thought …..

If the impacts of the Covid-19 pandemic are such a critical component of the success of these virtual concerts and cross industry integrations – are these successes temporary?

Given the possibility of the sheer numbers of attendees, does this represent another significant shift / natural evolution in the music industry?

Does the debut of mainstream artists on video game platforms signal a shift  away from stigma to acceptance of video game culture – are videogames ‘hip’ now?

Will game platforms continue to integrate game and concert components or will companies like Epic Games separate these – and diversify their offerings – in order to make concerts available more widely to non-gamers (for a price?)?

As the way concerts are delivered /presented within a game get more creative what legal protections does the artist have once they have participated in a game / virtual concert  – what protections should they have, and what about the gamer or ..modder?

In part I think all of the above questions – and specifically whether these virtual concerts will remain and grow within the gaming industry or whether they will replace the more traditional concert business model.. will ultimately go back to the money. Are these concerts  more lucrative than a traditional one, or a world wide tour? How will this analysis change with changes to Covid-19 related regulatory restrictions?

It will be interesting to find out…..

Will you be tuning in to the Fortnightmares event and J. Balvin concert ?