Posts

News of the Week; December 7, 2016

GAMES

  1. FIFA 17 under fire in Russia following EA’s support of LGBTQ campaign: Custom rainbow kits have been met with calls for a ban among Russian MPs citing 2013 “gay propaganda law”
  2. Russian officials allege FIFA 17 violates law against gay propaganda
  3. Alleging theft of trade secrets, Zynga takes 2 ex-employees to court
  4. Konami issues cease and desist against Unreal Castlevania fan remake: But publisher has allowed all current files to remain available, developer hopes to acquire an official licence
  5. What Gamergate should have taught us about the ‘alt-right’: The 2014 online hate-storm presaged the tactics of the Trump-loving far right movement. Prominent critics of the president elect should take note
  6. Appeals Court Dumps Infringement Lawsuit Against EA After Plaintiff Fails To Produce Evidence
  7. DoomRL creator says ZeniMax threatened legal action: Creator of Doom-inspired rogue-like told to remove trademark-infringing content from site
  8. Zenimax threatens legal action against Doom-inspired roguelike, DoomRL
  9. Doom-inspired roguelike goes open-source in a bid to outrun Zenimax lawyers
  10. South Korea cracks down on cheaters with law targeting illicit game mods
  11. Inside one modder’s seven-year quest to revive The Matrix Online
  12. Devs are recovering games (if not payments owed) from bankrupt publisher BulkyPix
  13. Lifetime PS4 sales surpass 50 million in the wake of Black Friday
  14. Sony already the market leader in virtual reality: New report suggests successful launch of PlayStation VR and PS4 install base puts platform holder ahead of Oculus and Vive
  15. Mafia III has “allowed me as a white developer to make connections with people of color”: Hangar 13’s Haden Blackman on tackling race and pushing the medium forward
  16. Don’t ignore the trolls: After another grueling year full of heightened antagonism in the games industry, it’s time to take a different approach
  17. That Dragon, Cancer co-dev: “You chose to love us through our grief”: Ryan Green gave a heartfelt acceptance speech as tale of child cancer picked up Game Award
  18. “The end of comfortable publisher-journalist relationships will lead to better journalism”: The impact of publishers going direct to consumers is having a liberating impact on the games press
  19. Tall Pikachu, no whip: Starbucks to launch Pokémon Go crossover – Most cafés should become game-specific locations, teeming with new Pokémon.
  20. Game Jolt offers YouTubers, Twitch streamers 10% of game sales: New Partners program offers free games and revenue share for video or livestream promotion
  21. League of Legends’ latest World Championships prize pool hits $6.7M
  22. Anti-tobacco group takes games to task: Truth Initiative calls for tobacco use to trigger an automatic M rating from ESRB and for devs to stop featuring it in games kids play
  23. Opinion: Now is the time to unionize the game industry
  24. Worlds-as-a-service: Charting the future of location-based games: Mantle CEO Dean Gifford on why his team can finally build the tech that will take geo-location game design from Pokémon Go to GTA Worldwide
  25. So, You Were the Blue Zombie! Actors Play Videogame Characters in the Dark: Gaming world, rife with competition, keeps plots a mystery
  26. New games on Steam in 2016 rose 40% over last year: Over 4200 games hit the store in 2016, Steam Spy says, equivalent to 38% of its lifetime total
  27. A slow Atari 2600 emulator is now inside Minecraft—and it’s pretty cool: 3D interface, slow speeds expose the machinations of the ancient 6502C processor.
  28. To promote tech education, Canada’s Prime Minister made his own game
  29. Copyright, Culture, and Community in Virtual Worlds (Dan Burk)

DIGITAL

  1. Internet freedom at stake in Supreme Court of Canada case: B.C. Court of Appeal ordered Google to enforce a worldwide ban on website links in intellectual property battle, thus unilaterally deciding to regulate the free flow of information worldwide
  2. Google brings internet free-speech battle to Supreme Court: Search engine says ruling could pave way for countries to use their courts to block content worldwide
  3. Google v. Equustek: The SCC Hearing on Internet Jurisdiction and Free Speech (Michael Geist)
  4. Should Canadian Courts Have the Power to Censor Search Results?: The Supreme Court of Canada’s decision may be a landmark in the history of free speech
  5. Google’s auto-search results have become slightly less offensive: Google says, “we strongly value a diversity of perspectives, ideas, and cultures.”
  6. Samsung victorious at Supreme Court fight with 8-0 opinion against Apple: Apple can’t automatically get Samsung’s full profits due to patent infringement.
  7. Embedding isn’t copyright infringement, says Italian court: Website blocks lifted, but new EU copyright rules may make unauthorised embedding illegal.
  8. Copyright Troll Ordered To Pay $17k To ‘Pirate’ It Falsely Accused
  9. Internet giants will join forces to stop online sharing of terrorist material: Facebook, Twitter, et al to use hashes to quickly spot, takedown terrorist imagery.
  10. We Built a Bot That Trolls Twitter’s Worst Anti-Semitic Trolls: On Twitter, racists like to impersonate minorities like Jews and say viciously bigoted things in order to defame them. So we created a sheriff who calls them out on it.
  11. A photo of a 4-year-old with Hillary Clinton was used as a disgusting meme. Her mom fought back.
  12. Hate speech crackdown: EU says Silicon Valley needs to do a better job
  13. Op-ed: Stop pretending there’s a difference between “online” and “real life” – Seriously just cut it out. The stakes are too high.
  14. Google, democracy and the truth about internet search: Tech-savvy rightwingers have been able to ‘game’ the algorithms of internet giants and create a new reality where Hitler is a good guy, Jews are evil and… Donald Trump becomes president
  15. How The Bizarre Conspiracy Theory Behind “Pizzagate” Was Spread: A man was arrested Sunday for bringing a gun into a pizza place named in Clinton conspiracy rumors.
  16. Facebook’s Walled Wonderland Is Inherently Incompatible With News
  17. Dunja Mijatović: Why bother? A quick take on lying on social media
  18. Fake News About Fake News Leads To (Fake?) Defamation Threat
  19. Antigua Says It Will Certainly, Absolutely, Definitely Use WTO Permission To Ignore US Copyright And Set Up A Pirate Site, Maybe
  20. China Files A Million Patents In A Year, As Government Plans To Increase Patentability Of Software
  21. How Algorithms Can Bring Down Minorities’ Credit Scores: Analyzing people’s social connections may lead to a new way of discriminating against them.
  22. Why Russia Is Using the Internet to Undermine Western Democracy: Powerful Russians were terrified by the internet in 2011. Now they’ve made sure we are, too.
  23. Lawyers: New court software is so awful it’s getting people wrongly arrested – Problematic Odyssey Case Manager software package is used nationwide.
  24. Court Rubber Stamps IRS’s Demand To Get All Coinbase User Data
  25. NFL loosens its policies on teams posting GIFs and videos: Just don’t expect to see sweet replays during games.
  26. YouTube Reports $1 Billion Paid to Recording Industry Through Advertising This Year
  27. YouTube Creators Can Now “Remove Access” from MCN’s Via YouTube’s Dashboard
  28. PewDiePie quit plan prompts YouTube reply
  29. Law Firm That Sued 20-Year-Old Crash Victim Over Negative Review Now Owes $26,831 In Legal Fees
  30. Lawyer sues 20-year-old student who gave a bad Yelp review, loses badly: Law firm said student Lan Cai must cough up $100k for online complaints, judge disagreed.
  31. Law Passed To Protect Customers From Non-Disparagement Clauses And Other Ridiculous Restrictions
  32. Netflix to Offer Subscribers Video Download Option
  33. The proposed new VAT rules on e-publications: do they have any implications for copyright and digital exhaustion?
  34. Microsoft-LinkedIn deal cleared by regulators, opening new doors for people around the world
  35. EFF’s Stupid Patent of the Month: Streaming cloud-based content: Invention “contains little more then rote recitations of long-existing technologies.”
  36. W3C at a crossroads: technology standards setter or legal arms-dealer?
  37. When robots read books: Artificial intelligence sheds new light on classic texts. Literary theorists who don’t embrace it face obsolescence
  38. The Future Of Digital: 2016
  39. Every Website Needs To Re-register With The Copyright Office, Who Can’t Build A Functioning System

CREATIVITY

  1. Duran Duran lose High Court battle over US song rights in copyright test case
  2. Duran Duran ‘shocked’ after losing legal copyright battle
  3. SiriusXM agrees to pay up to $99M in copyright class action brought by Turtles members
  4. McDonald’s slapped with lawsuit by New York graffiti artist 
  5. One for the Little Guy! Community Church Defeats Adidas in Trademark Dispute
  6. Who Gets To Trademark Iceland?
  7. Iceland vs Iceland Trademark Spat More Clear: Iceland Foods Opposed Iceland’s Trademark Application
  8. Streaming Won’t Kill the Radio Star: The rise in popularity of Beats 1 and independent stations like Rinse, NTS, and Radar shows just how much we still desire a human touch over algorithm-curated playlists.
  9. Disney’s Bob Iger Among Donald Trump’s ‘Strategic and Policy’ Advisory Committee
  10. Music Canada Reverses on Years of Copyright Lobbying: Now Says WIPO Internet Treaties Were Wrong Guess (Michael Geist)
  11. Hooked For Life: Inside the NFL’s relentless, existential, Big Tobacco-style pursuit of your children.
  12. A Dark, Tangled “Tango”: Brando, Bertolucci and the Question of an Actor’s Consent
  13. Fox News’s Tucker Carlson has no business lecturing about journalism ethics
  14. In a time of many questions, literary journalism provides an answer: Media in the Age of Trump
  15. Librarians, Act Now to Protect Your Users (Before It’s Too Late) (EFF)
  16. Fifth Circuit reverses multimillion-dollar antitrust verdict based on false advertising, remands: Retractable Technologies, Inc. v. Becton Dickinson & Co. – 5th Cir. Dec. 2, 2016 (Rebecca Tushnet) 

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. Football Association Premier League Limited v Luxton [2016] EWCA Civ 1097
  2. Aaron Wudrick: Taxing Netflix and the Internet won’t make Canada more cultured
  3. Canada’s Attempt To Force Cheaper, More Flexible Cable Packages Is A Bit Of A Joke
  4. Cable TV is about to be disrupted, and the CRTC knows it
  5. Comcast Loses Just $5.50 Per Month When You Cut The Cord Thanks To Its Growing Broadband Monopoly
  6. Nashville fights Comcast lawsuit over rules that help Google Fiber: Nashville seeks dismissal of lawsuit Comcast filed to delay utility pole access.
  7. Wall Street Is Dreaming Of Megamergers Under Trump — Including A Verizon-Comcast Super Union
  8. Trump team reassures AT&T over Time Warner merger review: Trump vowed to block sale during campaign, but early signs look good for AT&T.
  9. Altice Promises Massive New Fiber Network, Again Proving Net Neutrality Didn’t Stifle Broadband Investment
  10. FCC says AT&T is violating net neutrality with DirecTV data cap exemption: Verizon also in trouble with FCC over charging competitors for zero-rating.
  11. FCC Warns AT&T, Verizon They’re Violating Net Neutrality With Zero Rating Schemes
  12. AT&T-Time Warner Deal: Highlights From Senate Hearing
  13. AT&T’s CEO just made an important promise to his rivals
  14. Trump Appoints Third Anti-Net Neutrality Advisor To Telecom Transition Team
  15. T-Mobile Applauds Likely Death Of Net Neutrality Under Trump
  16. T-Mobile excited about life under Trump, reversal of net neutrality rules: T-Mobile predicts more “innovation” once Title II net neutrality rules are gone.
  17. Trump supporters bought bogus Obama conspiracy theory peddled by Fox Business

SURVEILLANCE & PRIVACY

  1. China’s New “Social Credit Score” Brings Dystopian Science Fiction to Life
  2. Uber knows where you go, even after ride is over: “We do this to improve pickups, drop-offs, customer service, and to enhance safety.”
  3. These Toys Don’t Just Listen To Your Kid; They Send What They Hear To A Defense Contractor
  4. FTC Explores Privacy Concerns Raised By Smart TVs
  5. How ‘Just Metadata’ Helped Ruin A Career Diplomat’s Life
  6. The Internet of Things is making hospitals more vulnerable to hackers: The attack potential grows exponentially as IoT technologies are implemented, warns European cyber security agency.
  7. Internet Archive Successfully Fends Off Secret FBI Order
  8. Activist Appeals Court Decision Stating Public Has No First Amendment Right To Record In Public Areas
  9. MyDemocracy.ca Responses Don’t Count If You Refuse To Disclose Household Income and Other Personal Information (Michael Geist)
  10. Intelligence Committee Senators Call On Obama To Declassify Evidence Of Russian Election Interference
  11. UK terror watchdog: I applaud strong, responsible, less intrusive spy laws: David Anderson QC rejects “hostile narrative of power-hungry security services.”
  12. How industry can protect privacy in the age of connected toys
  13. Gap Between Wiretaps Reported By US Courts And Recipient Service Providers Continues To Grow
  14. Legal raids in five countries seize botnet servers, sinkhole 800,000+ domains: At one point, Avalanche network was responsible for two-thirds of all phishing attacks.
  15. Millions exposed to malvertising that hid attack code in banner pixels: Manipulated images are almost impossible to detect by the untrained eye.

jon

News of the Week; November 30, 2016

GAMES

  1. ASA Ruling on Valve Corporation and Hello Games Ltd
  2. No Man’s Sky’s Steam page didn’t mislead gamers, rules UK ad watchdog: ASA rejects complaints, citing game’s procedural generation as valid defense.
  3. Hello Games didn’t falsely advertise No Man’s Sky, says ad regulator
  4. Advertising Standards rules No Man’s Sky Steam page did not mislead consumers: After detailed defence from Hello Games.
  5. Insider Trading Claims Levied Against Ubisoft Executives: Regulatory body claims five Ubisoft executives sold stock before the company delayed Watch Dogs and The Crew.
  6. Ubisoft’s developers “can’t live with the threat” of Vivendi takeover: Michel Ancel explains the difficulty of staying focused in a time of great uncertainty
  7. Zynga Sues Rival Under Federal Trade Secrets Law
  8. Zynga sues 2 former employees over alleged massive data heist – Before returning work laptop, employee searched: “How to erase my hard drive.“
  9. Zynga sues two former employees over data theft: Both creators now at rival firm Scopely
  10. Game Developer Updates Game To Remove Denuvo DRM As Fans Cheer
  11. Google DeepMind could invent the next generation of AI by playing Starcraft 2: How Google’s AI research team has teamed up with Blizzard to further deep learning in AI.
  12. Gaming Technology for Patenting Inventions
  13. Hello Games responds to “intense and dramatic” reaction to No Man’s Sky: And responds in the best possible way – with a huge content update – “a foundation for things to come”
  14. Weak AAA launches are a precursor to industry transition: As top games under perform, the industry must prepare to shift with consumer behaviour
  15. HTC calls on co-operation with PlayStation and Oculus: “We need to help consumers navigate this world that might be initially confusing”
  16. “It made me feel less alone, realising other girls want to make video games”: Last month’s XX+ Game Jam was a new initiative to bring more women into games development, but what impact did it have for its participants?
  17. UKIE exhorts British officials to jumpstart the UK’s eSports scene
  18. Signing a Free Agent in Esports—A Practical Guide for Teams
  19. Treadmills to endless hallways, tech has some sick solutions for VR nausea: Startups and researchers aim to blur the lines of reality for your subconscious.
  20. Adaptive music in competitive games

DIGITAL

  1. Adding Derogatory Caption To Photo Meme Can Be False Light–S.E.V. Chmerkovskiy
  2. Quebec Court Awards Damages to Canadian Artist for Wrongful Copyright Takedown Notice by Record Companies
  3. Adblock Plus wins its 6th court case, brought by Der Spiegel: Eyeo GmbH has beaten back German court cases seeking to shut down its business.
  4. Russia Draws On Chinese Expertise And Technology To Clamp Down On Internet Users Even More
  5. With Trump win, the Internet Archive wants to move to Canada
  6. Ahead Of President Trump, The Web’s One And Only Backup Wants To Make A Backup Of Itself (In Canada)
  7. Internet Archive preps Canadian safe haven to swerve Donald Trump: Asking for donations to head north
  8. The Entire Internet Will Be Archived In Canada to Protect It From Trump
  9. The Internet Association Sends Trump Its Wish List: The letter papers over the tech industry’s discomfort with the President-elect’s incendiary stances on social issues and tries to get down to business.
  10. US election recounts campaign—citing hack attacks—raises $3M in one day 
  11. Donald Trump’s Twitter lies need to be taken seriously
  12. Why fake news stories thrive online
  13. Beyond fake news: the “constructed realities” of the polarized world
  14. This Hyperpartisan Conservative Facebook Page Owner Says Facebook’s Fake News Plan is “Terrifying”
  15. Mossberg: Facebook can and should wipe out fake news – You’re a media company now, Facebook. Behave like one.
  16. How to solve Facebook’s fake news problem: experts pitch their ideas: A cadre of technologists, academics and media experts are thinking up solutions, from hiring human editors, to crowdsourcing or creating algorithms
  17. Social Media Is Killing Discourse Because It’s Too Much Like TV: We need more text and fewer videos and memes in the age of Trump.
  18. Breitbart declares war on Kellogg’s after brand pulls advertising
  19. Reddit Is Tearing Itself Apart
  20. Reddit CEO who altered comments apologizes, unveils subreddit filtering: Huffman says the current climate of disrespect on Reddit “is not sustainable.”
  21. How Google is tackling fake news, and why it should not do it alone: What can Google do to combat fake news? Columnist Ian Bowden illustrates some ways the search giant can tackle — and already is tackling — this problem.
  22. Social media loves echo chambers, but the human brain helps create them
  23. A new study suggests online harassment is pressuring women and minorities to self-censor
  24. People Censor Themselves Online for Fear of Being Harassed: New research reveals that when tech companies don’t police abuse, it can put a damper on free speech.
  25. Has the internet become a failed state?: The internet was once a land of promise, with few fears about crime or privacy. Thirty years on, scammers, thieves and spies have created a place of chaos
  26. Cameroonian Government Calls Social Media A ‘New Form Of Terrorism’
  27. Confessions of an Instagram Influencer: I used to post cat photos. Then a marketing agency made me a star.
  28. Technology for inequality: how chatbots can help shape an (even more) uneven world
  29. Adblock Plus wins its 6th court case, brought by Der Spiegel: Eyeo GmbH has beaten back German court cases seeking to shut down its business.
  30. It will soon be illegal to punish customers who criticize businesses online: Consumer Review Fairness Act bans customer gag clauses, awaits Obama signature.
  31. The Subtle Ways Your Digital Assistant Might Manipulate You
  32. Magic Leap – Separating Magic and Reality
  33. Why Deep Learning Matters and What’s Next for Artificial Intelligence
  34. Cyber college for wannabe codebreakers planned at UK’s iconic Bletchley Park: Plan is to enroll 500 students each year and put them on a heavy diet of infosec.
  35. How Facebook has rewritten the rules of love and dating
  36. Controversial New AI Can Tell Whether or Not You’re A Criminal
  37. Another Nation Has Developed a National Currency That’s Entirely Digital
  38. Apple is in the midst of removing outdated games and apps from the App Store
  39. CNN buys YouTuber Casey Neistat’s company Beme to start extension brand: CNN hopes to bring in millennial viewers by letting Neistat shape a new media brand.
  40. Four Lessons for Silicon Valley from Its First Startup: A new book on Hewlett-Packard’s management history offers cautionary tales for today’s leading tech companies.
  41. Facebook Must Stay Out of China: A Faustian pact with Beijing would almost certainly make user behavior around the world visible to Chinese state security.
  42. One App, Two Systems: How WeChat uses one censorship policy in China and another internationally

CREATIVITY

  1. SiriusXM Settles Turtles’ Copyright Lawsuit for $99 Million: Band led class action suit against satellite radio giant for playing songs recorded before 1972 without paying
  2. Jersey Boys Creators Guilty of Copyright Infringement: A Nevada court finds that the show copied unlawfully from an unpublished biography.
  3. Prince Estate Sues Tidal, The Streaming Service That’s Kind To Artists, For Copyright Infringement
  4. Corporations Have No Moral Rights over Works in France, Even if They Commissioned It
  5. Legal Drama at the 2016 World Chess Championship
  6. Jayme Gordon Guilty On All 4 Counts Of Wire Fraud In Scheme To Sue Dreamworks For Copyright Infringement
  7. What is “Fair Use” in the Defence of Comparative Advertising to Trade Mark Infringement in Singapore?
  8. No copyright over our judgments: SC
  9. Richard Prince May Offer the SDNY Another Chance to Define Transformative Use of a Work
  10. “Litigation, Jim, but not as we know it”: Dr Seuss, Star Trek and Copyright Infringement in the US
  11. 8th Wonder Entertainment, LLC v. Viacom International, Inc.
  12. The Icelandic government is suing Iceland supermarket over the use of its name
  13. Police in Canada have a new punishment for suspected drunk drivers: Listening to Nickelback
  14. The Globe And Mail Tries Something Revolutionary: Actually Giving A D–n About User Comments & Conversation
  15. Referring To Your Unenforced Trademark As A ‘Lottery Ticket’ Is A Great Way To End Up With Nothing
  16. Nestlé Loses Another Battle to Protect KitKat Design as a Trademark
  17. Former CNN anchor: 4 things media must do when covering Trump
  18. Trump’s threat to democracy isn’t free speech, it’s this
  19. Donald Trump, the First President of Our Post-Literate Age
  20. Revolution at The Washington Post
  21. The Odd Case of Dennis the Menace
  22. Incredible discovery of 40,000-year-old tools for art and engineering: Humans began making paint and glue at roughly the same time with the same tools.
  23. (Ir)Rational Choice Theory: Prof. Chris Buccafusco’s Search for the Biases of Creativity

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. Melanie Joly’s Tough Choice on Canadian Content: New Thinking or New Taxes (Michael Geist)
  2. Interplay between Broadcasting Act and Copyright Act Considered in Respect of Retransmission: 2251723 Ontario Inc. v Bell Canada, 2016 ONSC 7273
  3. Competition Bureau’s scrutiny of BCE-MTS deal goes into overtime
  4. Protectionism in Reverse: Treaties drafted to protect Canadian investors from erratic regimes are now backfiring, as investors abroad, like Wind Mobile’s former Egyptian backer, take aim at Canada’s ‘cultural protectionism.’
  5. Catch Me If You Can: Broadcaster Settles Long-Running Investigation into the Use of Pseudonyms in FCC Applications
  6. The limits of AT&T’s DirecTV Now: No DVR and limited ability to pause live TV: DirecTV online lacks key functions, and AT&T is vague on when it’ll be fixed.
  7. AT&T Just Showed Us What The Death Of Net Neutrality Is Going To Look Like

SURVEILLANCE & PRIVACY

  1. Appeals court: It doesn’t matter how wanted man was found, even if via stingray – Dissenting judge: “It is time for the stingray to come out of the shadows.”
  2. Brazil Superior Court Rules in Google’s Favor, Against ‘Right to Be Forgotten’
  3. Facebook could face ‘additional action’ for WhatsApp data sharing policy
  4. Libraries promise to destroy user data to avoid threat of government surveillance: New York Public Library changed its data retention policies, and the American Library Association apologized for ‘normalizing’ the Trump administration
  5. 1 million Google accounts compromised by Android malware called Gooligan: 86 apps available in third-party marketplaces can root 74 percent of Android phones.
  6. US Navy warns 134,000 sailors of data breach after HPE laptop is compromised: Names and social security numbers accessed by “unknown individuals”—probe underway.
  7. FBI and NSA Poised to Gain New Surveillance Powers Under Trump
  8. Game over: New US computer search law takes effect Thursday – Senate declines to vote on proposals to block or delay the administrative rule.
  9. FBI’s NIT Hit 8,000 Computers In 120 Countries… As Did The Child Porn It Was Redistributing
  10. Canada’s Police Allowed Journalists to ‘Embed’ to Argue For More Surveillance
  11. Uber begins background collection of rider location data
  12. Locky ransomware uses decoy image files to ambush Facebook, LinkedIn accounts: Low-tech malware snares users via flaws in social networks’ code to spread automatically.
  13. Your Earbuds Can Be Made Into Microphones With Just A Bit Of Malware
  14. Webcam blackmail linked to four suicides, reported cases double in the UK: 864 cases this year, and massive under-reporting means true figure likely much higher.
  15. Lawyer who argued for landmark SCOTUS privacy decision says Trump “is a moron”: Pivotal judge in 1967 Katz case says privacy will be a “tough ride” from here.
  16. Lawyer in pivotal snooping case: Privacy will be a “tough ride”: Harvey Schneider, who argued for appellant in 1967 Katz case, is worried.
  17. Key Congressional Staffers Who Helped Rein In Surveillance Overreach In The 1970s Ask Obama To Pardon Snowden
  18. The European Court of Human Rights and Access to Information: Clarifying the Status, with Room for Improvement

jon

News of the Week; November 23, 2016

GAMES

  1. Robin Antonick v. Electronic Arts, Inc. (USCA 9th Circuit, November 22, 2016)
  2. Australian Competition Commission wants to fine Valve $3m: Courts to decide how much Valve must pay over lack of refunds policy
  3. Fallout 4 mods are coming to PlayStation 4 after all: Bethesda announces detente with Sony; patch coming this week
  4. Fan-made Pokemon Uranium and AM2R cut from The Game Awards nominees
  5. Two Nintendo-themed fan games have been locked out of The Game Awards: Nominations revoked for games that were previous targets of Nintendo’s legal ire.
  6. Report: Riot Games partnering with MLBAM for $90M streaming deal
  7. Riot looks to finalize eSports streaming deal with MLB – report: Major League Baseball Advanced Media’s tech unit may buy eSports streaming rights for $200m
  8. Amazon launches eSports tournament for casual mobile games: Champions of Fire Invitational set for December 2nd
  9. How the growth of esports compares to traditional sports trends
  10. Why Every Esports Player Needs a Contract (Pete Lewin)
  11. I came in 35th in a professional (e-)race and you can, too: As e-sports at large grows, e-racing is quietly picking up speed, too.
  12. GameStop sales down as blockbuster franchises fail to deliver at retail
  13. Voice Actor Union Pickets Ratchet & Clank Dev, as Strike Continues: 400+ people picketed at Insomniac Games today.
  14. Android users spend more time playing games than iOS users, says Unity report
  15. Zelnick: Annual releases burn out franchises – Take-Two CEO says publisher doesn’t exhaust its IP the way its rivals do, aims to have at least one blockbuster launch per year
  16. How clones and copycats shaped the Brazilian games industry
  17. Blocked From Attending Last Year, Hideo Kojima to Receive Award Next Month: The Metal Gear Solid creator was reportedly prevented from attending by Konami’s lawyers.
  18. On Breitbart, Stephen Bannon, and the Question of “Does Gamergate Have Anything to Do With Trump?”
  19. Tomb Raider and the clash between story and violence in games
  20. DIGRA/FDG ’16 – Proceedings of the First International Joint Conference of Digra and Fdg: 65 Articles or Papers
  21. Electronic Arts Unveils New Policy For Marking YouTube Videos As ‘Supported’ Or ‘Advertisement’
  22. Games Industry Should Do More For Charity – Harris: Democracy 3 Developer Hoping “To Shame Some Bigger Companies” By Donating 12 Days Of Sales To War Child

DIGITAL

  1. Montreal musician wins small claim against record labels
  2. Montreal rapper wins fight against major label over collaboration with Kendrick Lamar
  3. Twitter Defeats ISIS “Material Support” Lawsuit Again–Fields v. Twitter (Eric Goldman)
  4. Court (Again) Tosses Lawsuit Seeking To Hold Twitter Accountable For ISIS Terrorism
  5. How The 2016 Election Blew Up In Facebook’s Face: As Facebook attempted to capture the fast-moving energy of the news cycle from Twitter, and shied away from policing political content, it created a system that played to confirmation bias and set the stage for fake news.
  6. Twitter reminds everyone it won’t cooperate with government or police surveillance: Twitter doesn’t want third parties spying on its users.
  7. Twitter Says Its API Can’t Be Used For Surveillance, But What Does It Think The FBI’s Going To Do With It?
  8. Obama wades in on Facebook fake news spat, warns “democracy will break down”: Zuckerberg on the defence as finger of blame for Trump is pointed at social media.
  9. Mark Zuckerberg on Facebook’s fake news: We’re working on it – NYT opines: Zuckerberg has let “liars and con artists hijack his platform.”
  10. Automated Pro-Trump Bots Overwhelmed Pro-Clinton Messages, Researchers Say
  11. This infamous troll is almost certain his fake Facebook news helped Trump get elected
  12. Most Students Don’t Know When News Is Fake, Stanford Study Finds: Teens absorb social media news without considering the source; parents can teach research skills and skepticism
  13. How tech and media can fight fake news
  14. Yes, There’s Lots Of Fake News On Facebook, But Is It Really Changing Anyone’s Mind?
  15. It’s time to get rid of the Facebook “news feed,” because it’s not news: Fake news didn’t throw the election. It was a symptom, not a cause.
  16. China Uses US Concern Over Fake News To Push For More Control Of The Internet
  17. Beware of Data Mining
  18. Facebook, China, Fake News And The Slippery Slope Of Censorship
  19. The shift in media’s business model played a critical role in Trump’s victory
  20. Why Twitter’s Alt-Right Banning Campaign Will Become The Alt-Right’s Best Recruitment Tool
  21. Russia Orders LinkedIn’s Service To Be Blocked, Supposedly For Failing To Store Personal Data Locally
  22. Germany Wants To Hold Facebook Criminally Liable If It Doesn’t Find & Delete ‘Hate’ Speech
  23. Fixing Discrimination in Online Marketplaces
  24. Federal Judge Now Taking A Closer Look At Bogus Libel Lawsuits Filed By Unscrupulous Reputation Management Companies
  25. Woman Sues Google Because SEO Guy Wrote A Mean Blog About Her Company
  26. You Are More Likely to Survive a Plane Crash than Click a Banner Ad: You’ll probably win the lottery and have twins before you click a banner ad
  27. Warner Bros. Now Wholly Owns YouTuber Network Machinima: Studio investing heavily in YouTube.
  28. More Thoughts On Trump’s Technology And Innovation Policies — It All Goes Back To Freedom Of Speech
  29. Netflix 4K streaming comes to the PC—but it needs Kaby Lake CPU: You will also need latest version of Windows 10, Edge browser to get 4K video.
  30. Trump says he’s going to get Apple to “build a big plant” in US: “We’re going for a very large tax cut for corporations, which you’ll be happy about.”
  31. New federal guidelines seek to lock out apps on drivers’ phones: Gov’t believes better pairing and a simplified driver mode could improve safety.
  32. Therapy’s Digital Disconnect: Some digital natives struggle with a psychological culture that they say doesn’t understand the effects of life in the internet age

CREATIVITY

  1. Court Dismisses $1 Billion Copyright Claim Against Getty
  2. The CJEU decision in Soulier: what does it mean for laws other than the French one on out-of-print books?
  3. Judge Allows Bid to Free “We Shall Overcome” From Copyright
  4. Ridiculous Hot News And Copyright Battles As World Chess Seeks To Block Others From Broadcasting Moves
  5. Star Trek fan film says CBS and Paramount don’t own “the idea of Star Trek”: Axanar calls Prelude to Axanar a “mockumentary,“ offers to change film script.
  6. How Reality TV Made Donald Trump President
  7. Trump’s Constant Whining About The NY Times Isn’t Just Bad For The First Amendment
  8. Gone To Pot: The Toronto Maple Leafs And Snoop D-Oh-Double-G In Trademark Spat
  9. Japan’s Universal Entertainment loses defamation appeal against Reuters
  10. ‘Love & Hip Hop’ creators win dismissal of copyright lawsuit
  11. ASA bans Heinz Beanz’s Can Song advert for safety concerns: Watchdog rules can-drumming commercial encourages potentially dangerous behaviour in viewers copying it
  12. Plaintiffs’ Law Firm Can Reference Targeted Business’ Name In Ad Copy–McHugh Fuller v. Pruitt (Eric Goldman)
  13. Librarians, Archivists, Call On WIPO Members To Create Safe Harbour Against Copyright Liability
  14. The Year Disney Started to Take Diversity Seriously: From Moana to Queen of Katwe, the studio has become more inclusive than ever.
  15. It only took 17 years: Metallica’s full catalog is now on Napster
  16. Tidal Claims Exclusive Streaming Rights to Prince Catalogue
  17. Truthful report about injunction not misleading, even if injunction shouldn’t have been issued (Rebecca Tushnet)
  18. Incidental Intellectual Property (Brian L. Frye)
  19. Introduction: Values, Questions, and Methods in Intellectual Property (Jeremy Sheff)
  20. Richard Prince May Offer the SDNY Another Chance to Define Transformative Use of a Work
  21. Looks Are Not Everything; Professor Amy Adler’s Future of Art

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. Goliath won: Judge sides with Bell in VMedia battle over future of TV – Ruling cites VMedia’s ‘aggressive business tactics’ in awarding $150,000 in costs
  2. VMedia loses legal battle with Bell over new TV streaming service, ordered to pay $150,000
  3. Why Navdeep Bains and Melanie Joly Are on a Collision Course on Digital Policy (Michael Geist)
  4. Why We Need the CBC as an Ad-Free Digital News Competitor (Michael Geist)
  5. Cable’s Broadband Monopoly Is Becoming Stronger Than Ever
  6. FCC Announces MOU with Canadian Counterpart to Combat Robocalls, Issues Enforcement Advisory on Automated Texts Tom Wheeler urges Trump to protect consumers, not corporations: FCC chair proud of legacy, but major initiatives could be reversed under Trump.
  7. Trump, GOP Prepare To Gut FCC Boss Tom Wheeler’s Populist Reforms…Under The False Banner Of Populist Reform
  8. Fox News Had To Explain To Trump’s Attorney Why Killing Megyn Kelly Would Be A Bad Thing, Politically
  9. Woman sexually assaulted by man claiming to be Bell employee: Incident happened Friday night in the east end, say Toronto police
  10. AT&T defends DirecTV’s data cap exemption in net neutrality case: FCC has allowed data cap exemptions to spread without issuing clear guidelines.
  11. AT&T Tells FCC That Giving Its Own Content An Unfair Market Advantage Is Good For Consumers
  12. Charter’s Mega Merger Results In Higher Prices, Slower Speeds, And Worse Customer Support Than Ever
  13. The FCC Releases Final Consumer Broadband Privacy Rules

SURVEILLANCE & PRIVACY

  1. After All That, E-Voting Experts Suggest Voting Machines May Have Been Hacked For Trump
  2. Supreme Court of Canada weighs in on “implied consent” under PIPEDA (Teresa Scassa)
  3. Supreme Court Of Canada Rules With A Bout Of Common Sense In Interpreting Privacy Laws
  4. Powerful backdoor/rootkit found preinstalled on 3 million Android phones: Firmware that actively tries to hide itself allows attackers to install apps as root.
  5. Canadians want judicial oversight of any new digital snooping powers for police: Poll
  6. RCMP is overstating Canada’s ‘surveillance lag’: The RCMP lobbying efforts paint an image of crisis where none exists. Surveillance capacities of other countries are overstated, while the formidable powers already available to Canadian agencies are disregarded.
  7. Director of National Intelligence James Clapper resigns: Clapper, asked directly if NSA collected data on Americans, said it didn’t.
  8. President Obama Will Soon Turn Over the Keys to the Surveillance State to President-Elect Trump
  9. Parliament Passes Snooper’s Charter, Opens Up Citizens To Whole New Levels Of Domestic Surviellance
  10. GCHQ may be forced to respond to FoI requests after European court ruling: European Court of Human Rights’ judgment says citizens have right to obtain gov’t info.
  11. Going with the flow: The global battle for your personal data: Should governments be allowed to impose localisation requirements to protect privacy?
  12. Trump’s pick for CIA director has called for Snowden’s execution: Gen. Michael Flynn will be key adviser, Sen. Jeff Sessions for attorney general.
  13. Trump’s Picks For AG & CIA Happy To Undermine Civil Liberties, Increase Surveillance
  14. Massachusetts Police Dept. Files DMCA Takedowns On News Stories Using Mugshots Taken By Police
  15. Journalists report Google warnings about ‘government-backed attackers’
  16. Google warns journalists and professors: Your account is under attack: A flurry of social media reports suggests a major hacking campaign has been uncovered.
  17. Court Rejects Effort To De-Index Search Results–Manchanda v. Google (Eric Goldman)
  18. Facebook halts WhatsApp data sharing across Europe over privacy concerns: But Facebook disputes UK and Germany claims, insists it complies with data law.
  19. Firefox Focus: new app offers very private browsing – Mozilla is back with a second try at mobile browsing with a new browser, which hopes to be the go-to for iPhone users
  20. Companies Keep Asking Us To Track You; We’d Rather You Be Protected From Tracking
  21. Apple Uploading Call Data, Including From Third-Party Call Apps, To Users’ iCloud Accounts
  22. Why Spy on Reporters When You Can Spy on CEOs?
  23. Tor phone is antidote to Google “hostility” over Android, says developer: An Android phone hardened for privacy and security that plays Google at its own game.
  24. Obama says he can’t pardon Snowden: Snowden may be loved in Germany, but US lawmakers aren’t keen on forgiveness.
  25. Hacking into the Computer Fraud and Abuse Act: The CFAA at 30 (The George Washington Law Review)

jon

News of the Week; November 16, 2016

GAMES

  1. Mean Girls v. The Right of Publicity: Lessons Learned From the Lohan and Gravano Lawsuits
  2. Ubisoft execs accused of insider trading, publisher denies claims: Five executives, including Montreal CEO, allegedly sold stocks ahead of delay announcements
  3. PSN user gets suspended for sharing in-game Watch Dogs 2 nudity: Ubisoft promises to patch out some of the offending naughty bits.
  4. Amazon ordered to issue refunds for children’s IAP: The e-tailer will set up a year-long process to reimburse parents for in-app purchases their children made without permission
  5. EA puts influencers in check with disclosure rules for sponsored content: It includes two new hashtags and watermarks
  6. EA wants to ensure that streamers disclose sponsorships: The publisher is requiring influencers to use hashtags and watermarks on their content
  7. EA CEO stresses diversity and representation in games: “If you’re going to make games for a community, you have to have a true representation of that community,” says Andrew Wilson
  8. ‘Why we won’t just log off’: Online harassment in the game industry
  9. Your Life Will Be A Video Game (Andrew Wilson)
  10. Video games Trump hate
  11. Breaking Down Blizzard’s New Overwatch League For 2017
  12. Justice O’Connor Has An ‘Educational’ Video Game About Elections And It’s Entirely Wrong
  13. EA cautious over Nintendo Switch potential: Publisher says it is committed to bringing ‘one or two’ of its biggest IP to the platform
  14. Why Virtual Sports Games Will Drive the Next Wave of Growth for Esports: We’re past the point of debating whether esports is “here” or not. It’s time to take a look why and how virtual sports games will drive the next phase of growth of this global phenomenon.
  15. 14% of Americans over 13 follow eSports – Nielsen: Overwatch appeals to a younger demographic than other eSports titles
  16. Dishonored 2 Is One of the Most Fascinating Game Worlds Ever
  17. ‘Tomb Raider’ Turns 20: The Complex Legacy of Lara Croft
  18. D&D inducted into Toy Hall of Fame, lauded for its influence on video games

DIGITAL

  1. Facebook Acts to Restore Trust After Overstating Video Views
  2. Here’s How Facebook Actually Won Trump the Presidency
  3. Hyperpartisan Facebook Pages Are Publishing False And Misleading Information At An Alarming Rate: A BuzzFeed News analysis found that three big right-wing Facebook pages published false or misleading information 38% of the time during the period analyzed, and three large left-wing pages did so in nearly 20% of posts.
  4. How Teens In The Balkans Are Duping Trump Supporters With Fake News: BuzzFeed News identified more than 100 pro-Trump websites being run from a single town in the former Yugoslav Republic of Macedonia.
  5. Obama: Fake news on Facebook is creating a ‘dust cloud of nonsense’
  6. Facebook’s failure: did fake news and polarized politics get Trump elected?: The company is being accused of abdicating its responsibility to clamp down on fake news stories and counter the echo chamber that defined this election 
  7. Facebook Alone Didn’t Create Trump—The Click Economy Did
  8. Facebook’s Fight Against Fake News Was Undercut by Fear of Conservative Backlash
  9. Zuckerberg Hits Back: Don’t Blame Facebook For Donald Trump – Facebook is struggling to distance itself from Trump, even as its largest shareholder is leaning in.
  10. Mark Zuckerberg vows more action to tackle fake news on Facebook: Facebook chief acknowledges problem but continues to argue that spread of hoax stories on the social network did not influence US election 
  11. Zuckerberg claims just 1% of Facebook posts carry fake news: Facebook boss on defensive about misinformation in the wake of Trump’s election.
  12. Facebook won’t allow racially targeted ads for jobs, housing: Change comes after reporters bought their own discriminatory housing ad last month.
  13. Facebook is telling everyone that they’re dead
  14. Edward Snowden just told us we should rely less on Facebook for news. This is why.
  15. Mark Zuckerberg Is in Denial (Zeynep Tufekci)
  16. The Real Problem Behind the Fake News: Facebook is under fire for spreading falsehoods. But it’s getting away with a bigger lie.
  17. How Twitter bots helped Donald Trump win the US presidential election: What happens when biased robots with unknown agendas join the online conversation?
  18. Twitter is finally taking abuse seriously
  19. Twitter bots can reduce racist slurs—if people think the bots are white: Results of two-month study revealed on same day as new Twitter “muting” updates.
  20. Don’t Fret About Fake Political News
  21. Sony Wants To Patent A System For Scoring Journalists’ ‘Veracity’
  22. Will Cutting Off Ads From Google & Facebook Really Stop Fake News?
  23. Teaching an Algorithm to Understand Right and Wrong
  24. Court Dismisses Anti-Muslim Troll Pam Geller’s Lawsuit Against The DOJ For Facebook’s Moderating Actions
  25. White nationalist says losing Twitter account was a “digital execution”: Company won’t say why it finally felt some alt-right accounts crossed the line.
  26. How Russia Pulled Off the Biggest Election Hack in U.S. History: Putin, Wikileaks, The Nsa And The Dnc Email Fiasco That Gave Trump And Clinton Another Reason To Be At Odds.
  27. E-books can be lent by libraries just like normal books, rules EU’s top court: CJEU says it only applies to one copy at a time; must be obtained legally.
  28. CJEU on e-lending: The right to lend books includes the right to lend electronic books.
  29. Top 100 Most Subscribed YouTube Channels Worldwide: October 2016
  30. Maybe Spotify Isn’t Killing The Music Industry After All
  31. Google responds in EU antitrust case: “Android hasn’t hurt competition” – Search giant faces $7.4 billion fine if found to have blocked competitors in the market.
  32. Federal Court affirms “right to read” in paywall copyright case (Teresa Scassa)
  33. Federal Court Rules Against Blacklock’s: Business Models Always Subject to Copyright Fair Dealing Rights (Michael Geist)
  34. Yelp avoids liability for allegedly biased filter yet again: Albert v. Yelp, Inc., 44 Media L. Rep. 2357 Cal. Ct. App. July 15, 2016 (Rebecca Tushnet)
  35. Section 230 Doesn’t Protect Amazon From Products Liability Claims–Mcdonald v. LG
  36. Section 230 Ruling Against Airbnb Puts All Online Marketplaces At Risk–AirBNB v. San Francisco (Eric Goldman)
  37. Now The Seventh Circuit Is Sh—ing On Section 230–Huon V. Denton (Eric Goldman)
  38. Navy denies it pirated 558K copies of software, says contractor consented: Military admits widespread install, but says its 38 licenses were not “limited.”
  39. Apple tax case: Ireland to formally appeal EU state aid ruling – Irish government says it “fundamentally disagrees” with Brussels’ judgment.
  40. The Spanish Government The Latest To Try To Ban Memes
  41. Gambling sites eyeballed by UK data watchdog over spam texts: ICO urges Brits to dob in repeat offenders as it pens missive to 400 gambling firms.
  42. Microsoft offers antitrust concessions to EU over LinkedIn purchase: Salesforce claims Microsoft’s planned buyout of LinkedIn is an unfair data grab.
  43. Kaspersky accuses Microsoft of anticompetitive bundling of antivirus software: In some situations, Windows 10 will disable third party anti-malware products.
  44. Network security company CEO resigns after “joking” about killing Trump: PacketSled’s Matt Harrigan declares on Facebook, “Bring it, Secret Service.”
  45. Take Note: Copyright Troll Gets Stiff Response From Someone It Tried To Bully, Immediately Runs Away
  46. CNN Uses Copyright To Block Viral Clip Of Van Jones’ Impassioned Statement
  47. U.S. judge rejects World Chess bid to block websites from airing moves
  48. There’s Legal Intrigue at the World Chess Match
  49. How to build a more civil internet
  50. New study from Packet Clearing House and CIRA looks at Canadian Internet traffic patterns
  51. Indiegogo follows in Fig’s footsteps by allowing equity crowdfunding
  52. A digital levy on Google and Facebook isn’t the answer to UK newspaper woes – Op-ed: You want good journalism? Time to start paying for it.
  53. BuzzFeed’s pro tennis investigation displays ethical dilemmas of data journalism
  54. Conflict Of Laws Has Caught Up With Silicon Valley. Now Silicon Valley Needs To Catch Up On Conflict Of Laws 
  55. PK/EFF/CDT Amicus Brief in BMG v. Cox

CREATIVITY

  1. Blacklock’s Fails in Copyright Litigation Against the Government of Canada – Fair Dealing is Upheld and Even Extended
  2. U.S. Justice Department to appeal music licensing court loss
  3. Just before trial, The Turtles settle copyright suit against Sirius XM
  4. Copyright case against Bieber, Usher should be dismissed – judge
  5. Internet Giants Warn of Mass User Terminations If Recent Appellate Ruling Left Untouched: A 2nd Circuit rehearing is demanded in the MP3Tunes case.
  6. Music Composer For ‘A Clockwork Orange’ Sues Australian Who Created ‘A Trumpwork Orange’ Parody Trailer
  7. Donald Trump Parody Results in Clockwork Orange Copyright Suit
  8. Examining Trump’s History: The New President And Trademark Rights
  9. China Finds Something Else To Regulate, Brings In Its First Law For The Film Industry
  10. IMDb Sues The State Of California Over New ‘Ageism’ Law
  11. Dr. Seuss estate sues over Star Trek“mashup” book: Is it fair use? “We may spend time… proving it to people in black robes.”
  12. Dr Seuss estate sues Star Trek writer over comic book
  13. One Fish Two Fish, We Will Sue Fish: Seuss Lawyers Hop On Pop Art
  14. EU Court Of Justice Says The Shape Of Rubik’s Cube Should Not Be Trademarked
  15. French law on digital versions of out-of-print books flouts EU directive: Ruling could have big impact on copyright legislation across the 28-member-state bloc.
  16. Dispute Over Cheerleader Uniforms Could Have a Chilling Effect on Cosplay 
  17. Toto, I Don’t Think We’re In The Public Domain Anymore
  18. Can Artists Stop Brands from Using Their Lyrics?: When an artist’s lyrics go viral, they often aren’t the only ones to cash in on the craze.
  19. Should a Work in the Public Domain Be Able to Become a Trademark?
  20. Term of protection of copyright in the EU is not set to revive rights that were in the public domain
  21. The 7 Most Unfortunate Brand Names Ever Trademarked
  22. Trump Victory May Kill the TPP, But Reopening NAFTA Could Bring Back the Same IP Demands (Michael Geist)
  23. Using others’ product photos to advertise same product isn’t fair use: Minka Lighting, Inc. v. Bath Kitchen Decor, 2015 WL 12743863 C.D. Cal. Feb. 13, 2015 (Rebecca Tushnet)
  24. Jeffrey Katzenberg Pens Open Letter to Hollywood After Trump Victory: One of the industry’s Democratic leaders, the Hillary Clinton supporter writes for THR about her “heart-wrenching” loss and his cautious optimism: “Whatever path President-elect Trump chooses, the way of Candidate Trump will not be our way.”

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. The Billion Dollar Question: How to Pay for Melanie Joly’s Digital Cancon Plans (Michael Geist)
  2. Trump and net neutrality: How Republicans can make the rules go away – Republican FCC or Congress could get rid of Title II and net neutrality rules.
  3. GOP tells FCC to just stop what it’s doing until Trump is inaugurated: Set-top box rules and other changes could be dead in Obama’s final months.
  4. Trump’s FCC: Tom Wheeler to be replaced, set-top box reform could be dead
  5. Liberty Media CEO Says Trump Likely “Positive” for Cable Regulation, Sees Time Warner Deal Approval
  6. Time Warner Cable Sued Again Over Sneaky Hidden Fees…By Plaintiff Not Seeking Monetary Damages
  7. AT&T zero-rating of DirecTV data may violate net neutrality, FCC says: AT&T exempts its video from caps, charges other companies for same treatment.
  8. Will Skinny Bundles Like AT&T’s DirecTV Now Destroy Pay TV?
  9. Too Little Too Late: FCC Finally Realizes AT&T’s Zero Rating Is Anti-Competitive
  10. Comcast suspends data caps—but only in Maine
  11. Charter customer sues over hidden fees, claims “massive billing fraud” – Lawsuit: Charter falsely advertises lower prices without mentioning extra fees.
  12. Charter Says Its Sneaky, Unnecessary Fees Are A Consumer Benefit
  13. Premier League scores in latest dispute with pub broadcasting football matches 

SURVEILLANCE & PRIVACY

  1. Pleading the Case: How the RCMP Fails to Justify Calls for New Investigatory Powers
  2. Russian Hackers Launch Targeted Cyberattacks Hours After Trump’s Win
  3. Pre-installed phone software transmitted user information to China
  4. Long Time Mass Surveillance Defenders Freak Out Now That Trump Will Have Control
  5. VP Elect Mike Pence Goes To Court To Keep His Emails Secret
  6. Security News This Week: What Trump’s Win Means for Cybersecurity
  7. Data-Driven Policing Still Problematic; Now Being Used By Government Agencies For Revenue Generation
  8. Officer charged with manslaughter in live-streamed death of motorist: Dying man’s final words, prosecutor said, were “I wasn’t reaching for it.”
  9. Yahoo admits some staff knew of mega breach in 2014: Independent committee probes who knew what when as more hacker claims surface.
  10. FBI operated 23 Tor-hidden child porn sites, deployed malware from them
  11. Tesco Bank reimburses £2.5 million to 9,000 customers after attack: Bank reinstates online current account transactions as NCA and GCHQ hunt culprits.
  12. Despite Trump Fears, Snowden Sees a Hopeful Future
  13. Argentina Orders Telecoms To Create A Permanent Database Of All Mobile Phone Users
  14. This Year’s Five Must-Read Privacy Papers: The Future of Privacy Forum Announces Recipients of Annual Privacy Award
  15. Privacy is an essentially contested concept: a multi-dimensional analytic for mapping privacy (Deirdre Mulligan, Colin Koopman & Nick Doty)

jon

News of the Week; November 9, 2016

GAMES

  1. Fatal ‘Pokemon Go’ accident spurs police to ask Niantic for game-disabling function
  2. New York Times publishes U.S. voter suppression op-ed in video game form
  3. Football Manager 2017 review: Thanks to Brexit, it’s the deepest game yet – This is a game that doesn’t just entertain, but makes a political statement too.
  4. CCP: Outlawing in-game gambling protects the EVE Online experience
  5. First eSports arbitration court opened by WESA
  6. An Analysis of Alternative Dispute Resolution in Esports (and WESA’s Arbitration Court)
  7. Cleveland Cavaliers’ Dan Gilbert, Miami Dolphins’ Stephen Ross Continue Pursuit Of eSports Teams
  8. Ted Leonsis on Team Liquid purchase and the future of esports: “I do believe this will be as mainstream as Hollywood and the NBA.”
  9. Blizzard’s Overwatch eSports league to emphasise financial stability: Teams will be based in specific cities, with players guaranteed a minimum salary and benefits
  10. Zynga CEO: I’ll never go back to console and PC
  11. Vivendi increases Ubisoft stake to 24%: Media giant continues interest in Assassin’s Creed publisher
  12. Vivendi now owns nearly 25% of Ubisoft as it continues to snap up shares
  13. Profits falter at Square Enix despite rising game sales
  14. Zynga reports a Q3 loss, with slots and poker games as top earners
  15. Blizzard powers Activision Blizzard results: Revenues from Warcraft maker nearly double year-over-year as Call of Duty and Skylanders label sees business slip 36%
  16. Kim Kardashian: Hollywood dev buys fashion game specialist for $45.5M
  17. New York Times publishes U.S. voter suppression op-ed in video game form
  18. PS4 Pro with HDR and 4K: “The biggest improvement since B&W went colour”: Devs talk PS4 Pro HDR and 4K upgrades for GT Sport, Nioh, and For Honor.
  19. Google DeepMind’s next gaming challenge: can AI beat Starcraft II? – Blizzard and DeepMind are releasing an open research environment
  20. 167 games received tax relief from UK Government last year: Number of games utilising UK tax support jumps 117 percent
  21. Games Industry post-Brexit: Who Will Profit?: Cutting corporation tax to counter the effects of leaving the EU only helps the richest
  22. Hook Turn: How the Aussie game industry turned a corner
  23. Video Games Are Boring: Maybe everything we know is wrong, says Brie Code
  24. NRA offers new versions of kids games, including ‘Target Land’ take on ‘Candy Land’ 
  25. Virtual realty: can a computer game turn you into an ‘evil’ property developer? – Delaying repairs to save money and dehumanising your tenants … Adam Forrest becomes a virtual landlord and learns some interesting – and depressing – lessons

DIGITAL

  1. EMI Christian Music Group, Inc. v. MP3tunes, LLC
  2. What The Second Circuit Just Got Wrong About The DMCA In EMI v. MP3Tunes (Annemarie Bridy)
  3. Court Orders Landmark Mass Blocking of 152 Pirate Sites
  4. Adobe Asked Google To Censor Techdirt’s Story On How Adobe’s DRM Got Cracked
  5. Google Loses Two Section 230(C)(2) Rulings–Spy Phone v. Google And Darnaa v. Google
  6. TiVo’s “TV Guide” patents are DOA at appeals court: TiVo and Rovi made big bets on software patents. They haven’t worked out.
  7. The cruelty of Facebook’s algorithmic newsfeed
  8. Facebook is harming our democracy, and Mark Zuckerberg needs to do something about it
  9. Facebook users sue over alleged racial discrimination in housing, job ads – Spokeswoman: “Multicultural marketing… helps brands reach audiences.”
  10. HUD Has ‘Serious Concerns’ About Facebook’s Ethnic Targeting: Federal officials are taking a close look at a sales practice that allows advertisers on the social network to include or exclude people who have an “affinity” with specific ethnic groups.
  11. Facebook leadership faces German lawsuit for failing to remove hate speech
  12. Facebook, Twitter, YouTube, and WhatsApp blocked in Turkey: Internet access in Turkey restricted after political arrests, says monitoring group.
  13. Google Rebuts Antitrust Claims in Europe
  14. Google refutes EU antitrust charges on comparison shopping, AdSense: Original complainant Foundem counters Google’s claims on Amazon, eBay competition.
  15. Why Is Your Bigoted, Luddite Uncle Crafting Internet Policy In Europe?
  16. Court Upholds Airbnb’s Terms Of Service–Selden v. Airbnb (Eric Goldman)
  17. Is hyperlinking copyright infringement? EU vs. US
  18. Finally Come The Calls In Major Media To Rethink Canada’s ‘Notice And Notice’ Copyright System
  19. Canadians are getting “blackmailed” by US copyright trolls
  20. TPP at odds with Australian copyright law: Law Council – The intellectual property rights chapter of the TPP raises issues of complexity and inconsistency with domestic law and other treaties, with Open Source Australia saying it will stymie innovation.
  21. The Copyright Law Behind a $600M Startup and Millennials’ Favorite Form of Expression
  22. Adobe Asked Google To Censor Techdirt’s Story On How Adobe’s DRM Got Cracked
  23. Judge Refuses To Block NY No-Selfie Ballot Law Because It Would ‘Create Havoc To Not Enforce It’
  24. Judges in New York, California won’t halt ban on ballot selfies: Overturning law this close to Nov. 8 is a “recipe for delays and a disorderly election.”
  25. Bank halts online transactions after money stolen from 20,000 accounts: Tesco Banks promises to issue refunds, track down culprits.
  26. Stop junk food ads on kids’ apps – WHO
  27. Japan: Bitcoin to Be Regulated
  28. Facebook video pays off: Mark Zuckerberg’s drive to “put video first” is also putting money in Facebook’s pockets. The more organic videos Facebook users watch, the more high-priced video ads Facebook can slip into the feed. Now Facebook’s strategy around auto-play video, paying Live content producers and offering more creative tools is helping to propel its massive revenue growth.
  29. Facebook’s “Free” Internet Will Harm Low-Income Consumers
  30. Clicks vs. Satisfaction: How media went for the click and forgot about you
  31. The “Facebook impact” on elections is real, and significant—just look at Hong Kong’s last vote
  32. The age of vitriol: Edward Luce on US politics and social media – Social media is enabling prejudice to slip back into the mainstream. As the US goes to the polls, what does this mean for democracy?
  33. Election Day CyberFest: Hackers, Hacking, ‘Journalism,’ The FBI, And Jiveass Baloney
  34. Here’s The Truth: Shiva Ayyadurai Didn’t Invent Email
  35. Actual Creators Of Email Not At All Happy The Fake Creator Of Email Got Paid For His Bogus Claim
  36. Expert: When an AI Invents Something, It Should be Credited as the Inventor
  37. Mark Cuban Pulls Credentials Of Two Human Reporters For Mavs Games To Stave Off Robot Journalist Apocalypse
  38. Inside Magic Leap, The Secretive $4.5 Billion Startup Changing Computing Forever
  39. Is The Internet Changing Democracy As We Know It? (Andres Guadamuz)
  40. Utopia?: A Technologically Determined World of Frictionless Transactions, Optimized Production, and Maximal Happiness (Brett Frischmann & Evan Selinger)

CREATIVITY

  1. Rolling Stone gets just what it deserves
  2. The German Bundesgerichtshof changes its concept of parody following CJEU Deckmyn v. Vrijheidsfonds/ Vandersteen
  3. Firing journalists won’t save the media: Media in the Age of Trump
  4. New pro-Donald Trump ad appeals to NFL fans who favor keeping Redskins name
  5. Wall Street Journal Error Filled Editorial Buys Into Ridiculous Copyright Office Conspiracy Theory
  6. U.S.-China Hollywood Panel: Without Chinese Elements “It Does Not Meet Our Standards”
  7. Drone Journalism: Cleared for Take-off
  8. Jury Balks At Trademark Claim Against Ex-Member Of Rock Group Boston
  9. Tattoo Copyright Cases Give an Inkling of What’s to Come 
  10. The Missing Public Voice: My Comments on the Copyright Board at the Senate Banking Committee (Michael Geist)
  11. The Copyright Board of Canada: A Regulator Lacking a Theory of Regulation (Ariel Katz)

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. Bombshell from Megyn Kelly: Ex-Fox News boss Roger Ailes offered career boosts for ‘sexual favors’
  2. DOJ Sues DirecTV, Calling It A ‘Ringleader’ of Collusion Over Regional Sports Programming
  3. Trump, our next president, promised to block AT&T/Time Warner merger: But Trump’s promise to block the merger won’t necessarily be fulfilled.
  4. Court blocks FCC attempt to cap prison phone rates
  5. The NFL Was a Sure Thing for TV Networks. Until Now: Why are football ratings down? Cord cutters. And smartphones. And the election, concussions, Kaepernick, global warming …
  6. Despite ESPN Whining, Nielsen Confirms Historic Subscriber Losses For Channel
  7. Netflix arrives on Comcast TV boxes, won’t be exempt from data cap: Comcast brings Netflix video to X1 boxes nationwide this week.
  8. In Wake Of Trump Win, ISPs Are Already Laying The Groundwork For Gutting Net Neutrality
  9. Colorado Voters Continue To Shoot Down Awful Comcast-Written Protectionist State Law
  10. What is Canadian content?
  11. CBC Threatens Podcast Apps For Letting People Listen To CBC Podcasts
  12. Viacom’s Earnings Plunge After Battle for Control
  13. The World’s Telecoms Are Under Threat From All Sides

SURVEILLANCE & PRIVACY

  1. Chinese Government Implements Cybersecurity Law Designed To Spy On Citizens, Quell Dissent
  2. In scathing ruling, Federal Court says CSIS bulk data collection illegal
  3. Court Finds Canadian Spy Agency Illegally Collected Data In Bulk For More Than A Decade
  4. Lost Confidence: Why Trust in Canadian Surveillance Agencies Has Been Irreparably Harmed (Michael Geist)
  5. What CSIS Did Wrong With Your Data: Canadians can no longer be confident that security intelligence agencies are respecting our rights and freedoms (Michael Geist)
  6. Media surveillance highlights privacy risk to all Canadians (Daniel Therrien, Privacy Commissioner of Canada)
  7. CSIS And The Metadata Muddle Pt 1: What Is This Case Really About? (Craig Forcese)
  8. CSIS And The Metadata Muddle Pt 2: On Secret Law, Courts And The Rule Of Law (Craig Forcese)
  9. Dissecting CSIS’ Statement Concerning Indefinite Metadata Retention
  10. How the Seattle Police Secretly—and Illegally—Purchased a Tool for Tracking Your Social Media Posts
  11. Geofeedia, In Damage Control Mode, Issues Bogus DMCA Over Brochure Posted By Reporter
  12. Firm linked to social media surveillance loses data access
  13. France to create ID database holding biometric data of 60 million citizens: Pushed through by decree on a national holiday, no democratic debate needed…
  14. A year of fragmented censorship across Chinese live streaming applications
  15. Chinese Police Dub Censorship Circumvention Tools As ‘Terrorist Software’
  16. US Officials ‘Strategically Leak’ That US Is Ready To Hack Russia If It Interferes With Election
  17. If The FBI Can’t Stop All These Leaks About An Investigation, Why Would it Be Able To Keep Encryption Backdoor Secret?
  18. Fitbit, Jawbone, Garmin and Mio fitness bands criticized for privacy failings
  19. Hacker sentenced to 29 months in devious Photobucket image plot: “Yes, seduced by money. I will not lie,” defendant tells judge.
  20. Confused Reporter Doubles Down On Bogus Trump/Russian Server Story With ‘I’m Just Asking Questions’ Non-Apology
  21. Rogue FBI Twitter Bot dumps months of FOIAs, causing controversy: Software update flooded feed with already-released Clinton e-mail, Foundation doc links.
  22. Man names Wi-Fi network “Daesh 21,” prosecuted under French anti-terror law: New law forbids “public praise” of terrorism, punishable by up to 7 years in prison.
  23. How to block the ultrasonic signals you didn’t know were tracking you: Your phone can talk to advertisers beyond your back, beyond your audible spectrum.
  24. This evil office printer hijacks your cellphone connection: It could eavesdrop on both voice calls and SMS messages.
  25. Why the Privacy Shield may survive (for now)
  26. Ex-Playmate faces charges for posting secret nude photo of woman on Snapchat: Dani Mathers allegedly wrote: “If I can’t unsee this then you can’t either.”

jon

News of the Week; November 2, 2016

GAMES

  1. Sega/Steam Took Down A Bunch Of Legitimate Steam Workshop Mods Over Copyright Concerns
  2. Steam bans misleading “bullshots” from its product pages: Concept art and pre-rendered shots no longer allowed on online storefront.
  3. Canada Copyright Troll Threatens Octogenarian Over Download Of A Zombie War Game
  4. Skyrim Publisher Gives Up on Game Reviews—and It Won’t Be the Only One
  5. How working on gross, violent games can mess with developers
  6. What drives game developers to crunch?
  7. No, Hello Games didn’t admit that No Man’s Sky was a mistake: A confusing morning of conflicting reports and Twitter hacking drama.
  8. More proof shows Hollywood insiders leaking movies on torrent sites: Talent agency says “sharing of award screeners is commonplace” in Hollywood.
  9. Star Trek Online’s PS4 and Xbox One Version Passes 1 Million Players: Free-to-play MMO reaches new heights on consoles.
  10. THQ Nordic purchases NovaLogic’s assets: The Delta Force series and other military-themed titles join the publisher’s roster of “partly forgotten, but classic game IPs”
  11. Big Telecom versus Video Games: Big Implications
  12. Mobile gaming isn’t so mobile: New survey from PayPal and SuperData shows that most people play mobile games in the bedroom, living room or bathroom
  13. Latin America will generate $4.1bn in game revenues this year – Newzoo: Console market in Argentina, Brazil and Mexico rising rapidly
  14. Welcome to the New Era: Games as Media: SuperData’s Joost van Dreunen sees games, like other entertainment, being more highly targeted by advertisers
  15. Attacking someone’s family over a video game is not acceptable’ – Miles Jacobson: The Sports Interactive boss talks angry gamers, Brexit and ‘very, very, very false’ SteamSpy data
  16. Warren Spector: “I couldn’t care less about maximising profitability” – OtherSide’s resident genius gives his 4 criteria for success at Sweden Game Conference
  17. Gaming’s rarest systems, carts, and collectibles can be found at this huge museum: We geeked the heck out at the National Videogame Museum in Frisco, Texas.

DIGITAL

  1. A New Internet Tax in Canada Would Keep Indigenous People Offline
  2. Competition Bureau Conducts Internet Sweep Focusing on Online Reviews and Endorsements
  3. Gawker and Hulk Hogan Reach $31 Million Settlement
  4. Gawker Settles With Hulk Hogan, And The First Amendment Is Worse For It
  5. Swedish Court: News Site Embedding A YouTube Video Guilty Of Copyright Infringement
  6. Linking to unlicensed content: Swedish court applies GS Media
  7. Swedish File-Sharing in Decline, Anti-Piracy Lawyer Says
  8. Copyright Office Gratuitously Kills The DMCA Safe Harbor For Thousands Of Websites (Eric Goldman)
  9. Another Tortured DMCA Online Safe Harbor Ruling–Emi v. MP3tunes (Eric Goldman)
  10. 230 provides protection against liability, not immediately appealable immunity from suit: General Steel Domestic Sales, L.L.C. v. Chumley, No. 15-1293 (10th Cir. Nov. 1, 2016) (Rebecca Tushnet)
  11. It’s Finally Legal To Hack Your Own Devices (Even Your Car)
  12. Facebook lets advertisers exclude users by race: “This is about as blatant a violation of the federal Fair Housing Act as one can find.”
  13. How Facebook’s Racial Segmentation Is Helping Trump Campaign Try To Suppress African American Voting
  14. Trolls For Trump: Meet Mike Cernovich, the meme mastermind of the alt-right. 
  15. As Standing Rock Protesters Face Down Armored Trucks, the World Watches on Facebook
  16. Pepe, Nasty Women, and the Memeing of American Politics
  17. Smashing the Silicon Valley patriarchy: anti-Lean In strategy puts onus on men – Instead of pressuring women in the tech industry to solve sexism, this feminist activist is teaching men how to stop biased behavior
  18. A collision of Chinese manufacturing, globalization, and consumer ignorance could ruin the internet for everyone
  19. NFL ‘Pleased’ With Twitter Live Streaming Deal After Five Games
  20. Paying to Have and Not to Hold: We’re increasingly paying extra to get the digital version of a book or movie.
  21. The Inside Story Of Vine’s Demise: Former employees paint a picture of management issues, changing strategies, and existential questions.
  22. Vine’s biggest stars mourn its death — but saw it coming
  23. Inside the secret meeting that changed the fate of Vine forever
  24. YouTube Finally Buries The Hatchet With GEMA, Meaning People In Germany Can Watch Videos Again
  25. The sound of music: Youtube and GEMA finally settle
  26. Samsung’s mobile division profits collapse by 96% year-over-year: Mobile giant can’t push ahead with its “new flagship products” fast enough.
  27. The Bizarre Role Reversal of Apple and Microsoft
  28. Apple’s new ‘TV’ app is its way of simplifying all your streaming content: Building a “unified TV experience” under the Apple umbrella.
  29. Wix gets caught “stealing” GPL code from WordPress: In which Wix forgets what happens when you add GPL code to your closed-source app.
  30. Google Strategy Teardown: Betting The Future On AI, Cloud Services, And (Tamed) Moonshots
  31. Google AI invents its own cryptographic algorithm; no one knows how it works: Neural networks seem good at devising crypto methods; less good at codebreaking.
  32. Ransomware Is Booming and Companies Are Paying Up
  33. What Last Week’s Internet Shut Down Really Means: The Internet of Things era is already here. It could take down our cities if we let it.
  34. The Scientists Who Make Apps Addictive: Tech companies use the insights of behaviour design to keep us returning to their products. But some of the psychologists who developed the science of persuasion are worried about how it is being used
  35. Ridiculous: Nick Denton Settles Remaining Charles Harder Lawsuits, Agrees To Delete Perfectly True Stories
  36. How Facebook algorithms impact democracy: Its algorithms decide what you see. And they don’t distinguish fact from fiction.
  37. If Palantir really cared about diversity, it wouldn’t pay its employees like this
  38. The City That Was Saved by the Internet
  39. Digital Exhaustion: North American Observations (Ariel Katz)

CREATIVITY

  1. Hollywood Accounting Back In Court: How Has Spinal Tap Only Earned $81 In Merchandise Sales For Its Creators?
  2. Appeals Court Upholds Warner Bros.’ Legal Victory Over ‘Gone With the Wind’ Merchandise
  3. Text of 8th Cir decision in Warner Bros v X One X (A.V.E.L.A.) re Use of Movie Stills
  4. Mark Ronson and Bruno Mars Sued Over “Uptown Funk”: Minneapolis funk band Collage claim copyright infringement
  5. It’s official: Oracle will appeal its “fair use” loss against Google: Case goes back to court that held APIs are copyrighted in the first place.
  6. Second Circuit Finds Use of “Who’s on First” Routine Not Transformative and Not Fair Use
  7. U.S. Copyright Office Is in Turmoil Amid a Firing and Lobbying Controversy: Personality clashes and mission creep may explain it.
  8. Conspiracy Theories Run Amok Over Copyright Office Executive Changes
  9. MPAA: EFF Just Jealous It Doesn’t Control Copyright Office Like Hollywood Does
  10. Australian Teen With Wacky Mullet Sues The Media For Making A Meme Out Of His Haircut
  11. ‘Citizen Journalism’ Is a Catastrophe Right Now, and It’ll Only Get Worse
  12. Huge Casino Threatens Small Blues Club For Using The Word ‘Live’ In Its Name
  13. Inside the Budding Trademark Battle for “Nasty Woman” Apparel
  14. Understanding Michael Jordan v. Qiaodan: Historical Anomaly or Systemic Failure to Protect Chinese Consumers (English and Chinese Versions)
  15. Is Paramount “Unsalvageable”?: As the Redstones figure out how to save Viacom, they need to start by turning around Paramount.
  16. Advertising Standards Canada comes out with an updated Code and new guidance on testimonials and endorsements (October 2016)
  17. Where can you legally take a ballot selfie on Election Day?
  18. California must awkwardly defend obsolete anti-ballot selfie law: Golden State formally approved practice, but new law doesn’t take effect until 2017.
  19. Anonymous Speech Is More Important Than Ever. TED Proves It
  20. The AP wants to use machine learning to automate turning print stories into broadcast ones: The experiment is part of a larger effort by the news agency to incorporate automation into its journalism.
  21. The WordPress-Wix Dispute
  22. “Spray” the Word: Graffiti Law is a New Legal Niche
  23. My Talk At Wikimedia: Copyright Impacts Everything (Mike Masnick)
  24. Copyright’s Framing Problem (Margot Kaminski & Guy Rub)
  25. A Free Speech Right to Trademark Protection? (Lisa Ramsey)

COMMUNICATIONS & BROADCASTING

  1. CRTC slashes anti-spam fine in first review decision
  2. 7 Practical Lessons from CRTC’s First CASL Enforcement Decision 
  3. Canada To Debate Banning ‘Zero Rating’ This Week
  4. The CRTC’s Differential Pricing Hearing: ISPs Should Not Be Picking the Internet’s Winners and Losers
  5. U.S. sues DirecTV for illegal information trading during Dodgers talks
  6. UK ISPs must now advertise broadband price with line rental included: Most ISPs have now moved to all-in pricing. Hooray!
  7. FCC imposes ISP privacy rules and takes aim at mandatory arbitration
  8. FCC Issues New Privacy Regulations for Broadband Providers 
  9. US gov’t sues AT&T/DirecTV, calls it “ringleader” of collusion scheme: Dodgers games blacked out after pay-TV companies colluded, DOJ lawsuit says.
  10. The Senate Summoned The Wrong Time Warner To Talk About AT&T Merger
  11. AT&T’s Already Making Things Up To Get Its Massive New Merger Approved
  12. AT&T, Time Warner, and What Makes Vertical Mergers Succeed
  13. AT&T falsely claimed pro-Google Fiber rule is invalid, FCC says: FCC says its rules don’t preempt Louisville utility pole ordinance.
  14. FCC Lends Support To Google Fiber, Louisville In Fight To Access AT&T Utility Poles
  15. The AT&T-Time Warner Merger Must Be Stopped: This deal invites unfair competition and locks in our horrible access problems. (Susan Crawford)
  16. EU Advocate General Declares That Hotels Don’t Need To Pay Copyright License To Have In-Room Television
  17. NAB Announces Agreements with Sony and Warner to Waive Performance Complement and Other Statutory Requirements for Broadcasters Who Stream Their Signals 
  18. Nielsen Forced To Pull Report Offline After It Shows ESPN Losing More Subscribers Than Ever

SURVEILLANCE & PRIVACY

  1. La Presse columnist says he was put under police surveillance as part of ‘attempt to intimidate’
  2. Police surveillance scandal: Quebec minister calls for new probe
  3. Thai Government Demands Popular Chat App Reveal Any Time Any User Insults The King
  4. The FBI Seems To Be Leaking Like A Sieve Concerning Details Of Clinton Email Investigation
  5. Facebook blocks insurance company’s plan to base premiums on your posts: Plan would have set fees based on excessive use of exclamation points, among other things
  6. Belgian Court Fines Microsoft For Failing To Comply With Its Impossible Order
  7. Slapped wrists for “privacy law breakers” Fitbit, Jawbone, Garmin, and Mio: Apps should be bound by same rules as physical products, complains Norway watchdog.
  8. Digital Rights Ireland files challenge to EU-US data pact: Privacy Shield came into force two months ago after previous framework ruled illegal
  9. Was a Trump Server Communicating With Russia?: This spring, a group of computer scientists set out to determine whether hackers were interfering with the Trump campaign. They found something they weren’t expecting.
  10. How Despots Use Twitter to Hunt Dissidents: Twitter’s ‘firehose’ of a half billion tweets a day is incredibly valuable—and just as dangerous.
  11. Why Wikipedia Is Worried About Global ‘Right To Be Forgotten’ Delistings
  12. UK ICO recommends personal liability of directors for breaches of data protection law
  13. Crimes of the future: Predictive policing uses algorithms to analyse data and cut crime. But does it really work, and should it be trusted?
  14. New leak may show if you were hacked by the NSA: Shadow Brokers identifies hundreds of organizations it claims were hacked by NSA.
  15. A Gaping Hole in Consumer Privacy Protection Law
  16. Online Tracking: A 1-million-site Measurement and Analysis (Steven Englehardt & Arvind Narayanan

jon

News of the Week; October 26, 2016

GAMES

  1. Game studio hits Hasbro with cloning lawsuit
  2. Rockstar clears out “illegitimately gained” GTA Online cash: Developer also tightens up ban and suspension policy for the hack-addled game.
  3. Rockstar beefs up suspension policy, takes in-game cash from cheaters
  4. Everything We Know About Nintendo Switch
  5. Nintendo Switch officially revealed
  6. Nintendo Switch heralds the end of the handheld era
  7. “Who else but die-hard Nintendo fans will buy the Switch?”
  8. Switch marks the end of Nintendo’s mainstream console aspirations (and that’s ok)
  9. Nintendo: Switch video does not represent actual game footage
  10. Nintendo: Switch trailer may not show “actual game footage” – Proof-of-concept gameplay was added over dummy units in post-production.
  11. Nintendo pins financial hopes on selling 2 million Switch consoles at launch
  12. Nintendo shares tumble following Switch reveal
  13. Sale of Seattle Mariners stake keeps Nintendo in the black: Six month figures show company shortening sales forecasts for full year
  14. Xbox sales continue to pull down Microsoft’s games biz revenue
  15. PlayStation VR sells 50,000 units in Japan during launch week
  16. PlayStation VR Search Interest Blows Past Rift and Vive Amid Launch
  17. Oculus on Platform-exclusive VR Content: ‘it’s the only viable way to jumpstart the market’
  18. “Making your games inclusive is complicated and fraught with frustration”: Beamdog creative director David Gaider on the importance, and pitfalls, of promoting diversity
  19. Shadow Warrior 2 Developers: We’d Rather Spend Our Time Making A Great Game Than Worrying About Piracy
  20. Pokémon Go highlights legal challenges ahead for gaming: Amendments to data protection law may be needed, re:publica conference told
  21. “No reviews means no possibility of negativity”: Games critics weigh in on Bethesda’s decision to withhold review codes for upcoming games
  22. It’s official: Unionized video game voice actors are on strike – Members go professionally silent in effort to negotiate for long-term royalties.
  23. SAG-AFTRA now on strike against EA, Activision, Warner Bros., more: Final negotiations stalled on pay, picket line will form outside EA’s offices on Monday October 24
  24. French Soccer Club Paris Saint-Germain Dives Head First Into eSports
  25. The News Is Now Literally a Video Game: The GOP Arcade is producing tiny, raw, irreverent games based on the news.

DIGITAL

  1. Content Industry Gets Favored Interpretation of “Repeat Infringers” in MP3Tunes Appeal: MP3Tunes and its founder Michael Robertson can’t escape a determination of owing tens of millions of dollars to record labels and music publishers.
  2. Affinity Labs of Texas, LLC v. DIRECTV, LLC, 2015-1845 (Fed. Cir., Sept. 23, 2016): Conventional business practices implemented by a generic computer are patent-ineligible under § 101
  3. Newly formed patent troll makes vast claim to Web video, sues 14 big media companies: Mystery company owns a patent created by an IP lawyer and a serial litigant.
  4. Lawyers file fake lawsuits to de-index online negative reviews, suit says: “The scam is not all that complicated,” using court orders to get search results removed.
  5. Yelp Cannot Be Held Liable for Negative Review
  6. Actor James Woods Gloats Over Death Of Random Twitter Troll He Sued To Unmask
  7. No, Facebook, ‘Diversity’ Doesn’t Explain Your Support of Thiel
  8. Facebook faces allegations of rule-bending for Trump, announces guideline changes: Report alleges that Zuckerberg stepped in to un-censor Trump posts.
  9. Unauthorised communication to the public in an online environment as a criminal offence in the UK
  10. FTC complaint blasts Disney, Google over child influencer videos: Watchdogs say they’re profiting from freebie-laden videos targeting young viewers.
  11. NY governor approves fines for some rental ads—hours later, Airbnb sues: New York will levy fines up to $7,500 for illegal Airbnb ads.
  12. The new French law targeting “automated image referencing services”: does EU law allow it?
  13. NBA to offer virtual reality games in upcoming season
  14. Online gambling probed by UK competition watchdog: Firms that fail to comply with consumer rights law face court, warns CMA.
  15. Backpage.com CEO fights pimping charges, says 1st Amendment protects him: Requiring online publishers to vet third-party posts would “chill free expression.”
  16. Cisco Develops System To Automatically Cut-Off Pirate Video Streams
  17. When Algorithms Work Against Us
  18. The darker side of machine learning
  19. AI judge created by British scientists can predict human rights rulings: Artificial intelligence accurate 79% of the time—no plans to bench judges just yet.
  20. Teenagers watch more YouTube than Cable TV – Piper Jaffray Teens Survey Fall 2016
  21. Pediatricians revise thinking on screen time; ditch ban for kids under 2: New recommendations try to adjust to shifting media landscape and usage.
  22. A.I. Computers Should Be Named as Inventors on Patents: A lawyer proposes that creative computers be elevated from the role of sophisticated tools to that of inventors.
  23. AI & Ethical Determinism
  24. Microsoft’s Speech Recognition Tech Is Officially as Accurate as Humans
  25. Experts Assert That “Mind-Reading” Computers Are Just A Decade Away
  26. Microsoft releases open source toolkit used to build human-level speech recognition: Microsoft wants to put machine learning everywhere.
  27. Zuckerberg Momentarily Curbs ‘Hate Speech’ Moderation Stupidity At Facebook To Reinstate Posts By Donald Trump
  28. Exclusive Leak! The German decision against Facebook/WhatsApp

CREATIVITY

  1. Harris Faulkner Suit Against Hasbro Over A Toy Hamster Ends In Settlement, Hasbro To Discontinue The Toy
  2. The Beatles Move to Dismiss Copyright Suit Over Footage of Famous Concert: The heirs of concert promoter Sid Bernstein assert ownership over master tapes from The Beatles’ 1965 performance at Shea Stadium.
  3. Skittles Photographer Actually Sues Trump Campaign Over Infringement
  4. Shameful: Perfectly Reasonable Academic Book On Gene Kelly Killed By Bogus Copyright Claims
  5. How Will Courts Handle A “Poor Man’s Copyright”? (Eric Goldman)
  6. Shake Up At The Copyright Office A Possible Preview To Fight Over Copyright Reform
  7. The Reason The Copyright Office Misrepresented Copyright Law To The FCC: Hollywood Told It To
  8. A Hungarian newspaper embarrasses the government. Days later, it is shut down.
  9. Your brilliant Kickstarter idea could be on sale in China before you’ve even finished funding it
  10. Jeffrey Rosen – The Deciders: The Future of Free Speech in a Digital World: 2016 Richard S. Salant Lecture on Freedom of the Press
  11. The GOP must do something about the conservative media industrial complex if it wants to survive
  12. Want to save the Republican Party? Drain the right-wing media swamp.
  13. Republicans Threaten Lawsuits Over TV Ads Linking Them To Donald Trump: Saying a candidate supports Trump is basically defamation, they argue.
  14. How police censorship shaped Hollywood
  15. Killer Riffs: A Guide to Parody in Popular Music – From the Residents’ freakish Beatles sendups, to Spinal Tap’s meta-metal escapades, to the gastronomic goofs of “Weird Al,” a chronicle of those who have turned pastiche and mimicry into an art form across the last 50 years.
  16. Mississippi county bans clown costumes as Internet meme comes to life: Local officials say the clown meme “has really gotten out of hand.”
  17. Argument preview: Court to consider copyright protection for cheerleading uniforms 

COMMUNICATIONS & BROADCASTING

  1. Beyond a Netflix Tax: Why Melanie Joly’s Comments Point to Regulation of Internet Services (Michael Geist)
  2. AT&T has $80 billion deal to purchase Time Warner Inc. (and with it, HBO)
  3. Owning Time Warner would boost AT&T media ambitions, raise competition concerns.
  4. AT&T and Time Warner reveal merger to create ISP, TV, and media giant: $85 billion merger may face intense regulatory scrutiny at FCC and Justice Dept.
  5. AT&T Is Buying Time Warner Because the Future is Google
  6. Does the AT&T Deal with Time Warner Equal A Dead Deal for Machinima?
  7. Netflix CEO Wary That AT&T’s Latest Merger Could Hurt Streaming Competitors
  8. Time Warner ruined AOL, says ex-AOL exec Ted Leonsis
  9. AT&T/Time Warner deal could be approved without any FCC merger review: For merger opponents, Justice Department may be the only hope.
  10. AT&T/Time Warner seems headed for FCC review, whether AT&T likes it or not: Time Warner has dozens of licenses that could trigger a public interest review.
  11. After setback, FCC Chairman keeps pushing set-top box and privacy rules: But it’s not clear when the FCC will take final action on cable TV apps.
  12. FCC Fines T-Mobile For Abusing The Definition Of ‘Unlimited’ Data
  13. Comcast sues Nashville to halt rules that help Google Fiber: Both Comcast and AT&T seek invalidation of Nashville’s utility pole rules.
  14. TV viewing in hotel rooms doesn’t need copyright licence fee—top EU legal eagle: CJEU advocate general says TV is an essential part of a hotel’s activity.
  15. The Strange Story of Why Belize is Full of Chicago Cubs Fans: Thanks to pirated TV in the ’80s, the tiny nation is now in the grips of World Series fever.

SURVEILLANCE & PRIVACY

  1. Toronto’s Public Hearing on Bill C-51 Was Utterly Demoralizing
  2. A court will decide whether Facebook used you to violate the privacy of all your friends
  3. New Docs Detail How AT&T Planned To Profit Massively By Helping Law Enforcement Spy On The Public
  4. Why people are freaking out about ‘AT&T spying on Americans for profit’
  5. Yahoo Asks James Clapper To Please Let It Talk About The Email Scanning It Did For The Government
  6. Liberals’ slow movement on Access to Information reform concerns commissioner: Information watchdog Suzanne Legault says changes so far are just ‘easy wins’
  7. Google Has Quietly Dropped Ban on Personally Identifiable Web Tracking: Google is the latest tech company to drop the longstanding wall between anonymous online ad tracking and user’s names.
  8. Russia-linked phishing campaign behind the DNC breach also hit Podesta, Powell: Bit.ly-based phishing links targeted former Sec. of State, Clinton campaign chair.
  9. How Russia Pulled Off the Biggest Election Hack in U.S. History: Putin, Wikileaks, The NSA And The DNC Email Fiasco That Gave Trump And Clinton Another Reason To Be At Odds.
  10. Meet Fancy Bear, The Russian Group Hacking The US Election
  11. Some hacked e-mails, documents from Putin advisor confirmed as genuine: Ukrainian hacking group’s haul shows Russian plans to destabilize Kiev…maybe.
  12. Agents of influence: How reporters have been “weaponized” by leaks – What obligations does a journalist have when he knows he’s being used by a “state actor”?
  13. To beat crypto, feds have tried to force fingerprint unlocking in 2 cases: Is being forced to press a finger on a phone in violation of the Fifth Amendment?
  14. DoS attack on major DNS provider brings Internet to morning crawl: Dyn’s US East region hit hardest in attack that affected Twitter, Reddit.
  15. This Is Why Half the Internet Shut Down Today
  16. How one rent-a-botnet army of cameras, DVRs caused Internet chaos: Attacks that took down Dyn appear to have been “rented” from multiple botnets.
  17. Yesterday’s Internet Takedown Was Powered by Chinese-made Webcams and DVRs
  18. Chinese Company Recalls Cameras, DVRs Used In Last Week’s Massive DDoS Attack
  19. Inside the Cyberattack That Shocked the US Government
  20. Dumb & Dumber Claims About Last Week’s Internet Attack (SOPA?!? Really?)
  21. Future of Privacy Forum and Carnegie Mellon University Research Leads to New Tool from California Attorney General
  22. Kuwait Backtracks On Mandatory DNA Database Of All Citizens And Visitors
  23. Privacy Is About Tradeoffs… And Things Go Wrong When Those Tradeoffs Are Not Clear
  24. WikiLeaks is exposing Clinton’s duplicity, but it’s no hero
  25. PINAC Director Sues Miami Beach Mayor Over Refusal To Release Social Media Blocklists
  26. New Strategies for Securing Our Private Lives (Jonathan Zittrain)

jon

News of the Week; October 19, 2016

GAMES

  1. Popular YouTubers plead not guilty to FIFA gambling offences
  2. eSports taking viewership away from real sports – Newzoo: Research firm finds that 76% of eSports enthusiasts state that their eSports viewing is taking away from hours they used to spend on viewing sports
  3. CCP cracking down on EVE Online gambling sites: CCP has updated its EULA to stress its anti-gambling policy and has issued account suspensions
  4. CCP clamping down on EVE gambling sites with freemium switch in sight
  5. Valve refutes Washington State accusations over CS:GOgambling
  6. Valve pushes back against Washington State skin gambling claims: “As we have explained on multiple occasions, Valve is not engaged in gambling or the promotion of gambling, and we do not ‘facilitate gambling'”
  7. Starcraft Proleague, Longest Running ESports League, Discontinued
  8. Shadow Warrior 2 developers say DRM is a waste of time: “There isn’t a good way to stop [piracy] without hurting our customers.”
  9. “Gotta Catch ‘Em All!”™ – Pokémon™ Go Gives Rise to New Class Action Suits
  10. Pokémon Go is just the beginning of an absurd copyright struggle in AR
  11. DLC and Microtransactions: New Study Shows How Gamers Feel About Them
  12. The merits of Star Citizen’s development openness: Chris Roberts and his team take a lot of flak for the delays to their ambitious game, but their openness has earned the forgiveness of core fans
  13. See how Girls Make Games supports girls who want to be game makers
  14. “Making your games inclusive is complicated and fraught with frustration”: Beamdog creative director David Gaider on the importance, and pitfalls, of promoting diversity
  15. “There are not as many questions. We have more freedom now”: Dontnod CEO Oskar Guilbert believes the industry has changed since Remember Me’s problems over its female lead – and changed for the better
  16. PlayStation VR selling out at GameStop after ‘tremendous demand’
  17. PlayStation VR had “many hundreds of thousands” of pre-orders: Sony Interactive Entertainment’s Jim Ryan has some good news for the emerging VR market
  18. PlayStation VR launch demonstrates Sony’s PR expertise – ICO: Analysis by ICO Partners reveals that PSVR dominated media coverage compared to the launches of Rift and Vive
  19. PlayStation VR’s Killer App Is … Music
  20. How Video Games Are Changing the Way Soccer Is Played: Games like FIFA that were designed to reflect the sport’s reality have helped alter it, influencing professional players and front offices.
  21. $850m raised towards Tencent’s Supercell acquisition
  22. Tencent raises $850M from Chinese investors to fund Supercell purchase
  23. Mobile-Game Maker Kabam Evaluating Multiple Offers for Canada Studio – Vancouver studio makes ‘Marvel: Contest of Champions,’ draws bids of up to $800 million from Asian, U.S. companies
  24. Kabam offered $800 million for Vancouver studio – Report: Marvel Contest of Champions studio has attracted multiple bids, according to VentureBeat
  25. MTG acquires 35% of InnoGames for €90 million: Swedish entertainment firm expands interest in games beyond eSports, could raise its stake in InnoGames to 51% next year
  26. Analyst: Game sales could reach $98 billion by 2020
  27. Candy Crush is becoming a TV game show for some reason – Or: How can you tell when a mobile gaming phenomenon is totally played out?
  28. How does storytelling differ between video games and literature?

DIGITAL

  1. Samsung doesn’t want you to see video of this GTA V exploding phone mod: YouTube takedown notice is a pretty clear abuse of the DMCA.
  2. Consumer deception? That ‘Buy Now’ button on Amazon or iTunes may not mean you own what you paid for
  3. Ownership and Deception in the Digital Marketplace: What really happens when you click “buy now.”
  4. Backup copies of software can’t be re-sold, rules top EU court: But original media and unlimited user licence is fine to sell on.
  5. European Court Revisits Resale Of Software
  6. New French Act: Google Images will have to pay royalties
  7. New York Fashion Company Sued Over Use of Photograph on Instagram
  8. A Weekend Full Of The NFL Violating Its Own Social Media Video Content Rules
  9. Trump’s been called almost everything—let’s add IP “pirate” to the list: Photog says use of his image by Trump campaign is “reprehensibly offensive.”
  10. Electronic Frontier Foundation brings suit over anti-circumvention provisions in the DMCA
  11. George Orwell never dreamed of advertising as invasive as Yahoo’s proposal: Yahoo’s outdoor, public advertising scheme relies on what it calls “grouplization.”
  12. We Must Remake Society in the Coming Age of AI: Obama
  13. White House Releases Reports on Future of Artificial Intelligence
  14. Robot journalists to start writing news and sports stories for Britain and Ireland’s national news agency
  15. AI needs a watchdog and UK gov’t must do better on robotics, MPs warn: Ethical, legal, and societal ramifications of AI systems must be probed, says committee
  16. Humans need new skills for post-AI world, say MPs: Robotics and AI have “huge potential” to reshape the way people work and live, but the government needs to do more to address the issues raised by such technology, says a report.
  17. There is a blind spot in AI research (Kate Crawford & Ryan Calo)
  18. YouTube points the way forward for monetising video content
  19. Samsung Galaxy Note 7s are exploding and everyone has a theory as to why: Poor design? Fast-charge problems? Theories emerge to explain the Note 7 debacle.
  20. What’s In A Design? A Smartphone Battle In The Highest Court
  21. Breaking Down Arguments in Samsung v. Apple
  22. The Surprising Backbone of the Internet of Things: Cities need to be blanketed with internet — and streetlights fit the bill. (Susan Crawford)
  23. We Need to Save the Internet from the Internet of Things (Bruce Schneier)
  24. The Soviet InterNyet: Soviet scientists tried for decades to network their nation. What stalemated them is now fracturing the global internet
  25. Twitter has failed at controlling horrifying anti-Semitism
  26. Anti-Semitic Twitter trolls are disproportionately likely to be Trump supporters
  27. Twitter’s ‘Juggernaut of Bigotry’: Five takeaways from the ADL’s report on anti-Semitic targeting of journalists during the 2016 presidential campaign
  28. …And Here Come The Device-Restricted Music Subscriptions
  29. The Musical Twitter Bot: Who Has the Copyright for AI-Facilitated Works? 
  30. Snapchat Glasses – Are Spectacles The Future Of Wearables?
  31. College student 3D prints his own braces
  32. The remix wars: Copyright and the Socially Awkward Penguin
  33. Uber’s Ad-Toting Drones Are Heckling Drivers Stuck in Traffic: Forget billboards—motorists now have ads buzzing a few feet above their windshields.
  34. Assault With a Deadly Tweet?
  35. Theater Association Boss Reminds Theater Owners, Netflix To Stay In Their Own Lanes
  36. France Is Pushing For a Tax on YouTube and Netflix
  37. Ongoing PC sales downturn is the longest yet, says analyst
  38. New England Patriots Coach Bill Belichick: ‘I’m Done With The (Microsoft) Tablets’
  39. After Yahoo data breach, Verizon hints that it could pull out of $4.83B deal: “I think we have a reasonable basis to believe right now that the impact is material.”
  40. Verizon Wants $1 Billion Discount After Yahoo Scandals, Still Fancies Itself The New Google
  41. A decentralized web would give power back to the people online
  42. Inside Intellectual Ventures’ Portfolio: Nearly 500 University Patents

CREATIVITY

  1. Who’s On (The) Second (Circuit)… And Why Are They Screwing Up Copyright Law?
  2. Rome Court of First Instance rules that copyright exceptions for news reporting and criticism/review do not apply to entertainment TV programmes
  3. Bob Dylan Makes the Case Against Today’s Copyright Climate
  4. Bob Dylan’s Full MusiCares Speech: How He Wrote the Songs, a Master Class Must Read
  5. 10 Copyright Cases Every Fan Fiction Writer Should Know About
  6. McDonald’s facing copyright lawsuits from graffiti artists
  7. Copyright war: Street artists accuse big corporations of stealing their artworks – The family of the deceased artist Dash Snow have accused McDonald’s of stealing Snow’s graffiti signature to decorate the walls of hundreds of their restaurants – and his case is not the only one
  8. Harry Shearer Files $125M ‘Spinal Tap’ Fraud Suit, Copyright Termination
  9. North Dakota gives up attempt to charge journalist who filmed pipeline protest
  10. Charges against Amy Goodman bring national attention to a little-noticed protest.
  11. Cleveland Indians can use name and ‘Chief Wahoo’ logo during ALCS games in Toronto, judge rules
  12. Disney’s Lucasfilm Sues Academy That Teaches People How to Use Lightsabers
  13. Lucasfilm unleashes legal Death Star on lightsaber schools: School logo looks “confusingly similar” to the Star Wars “Jedi Order” logo.
  14. Disney Sued by ‘Doc McStuffins’ Actress Over Merchandise Revenue
  15. Usher Sues Sony for Right of Publicity Violation for Use of Voice
  16. I Hardly Expected My Letter to Donald Trump to Go Viral
  17. Activist seeks injunction against use of ‘Cleveland Indians’ name and logo
  18. Sanity: MasterCard Loses Absolutely Idiotic Trademark Challenge Against An Athletic Competition
  19. Mediaset vs Gruppo L’Espresso: il Tribunale di Roma giudica inapplicabili le eccezioni e limitazioni ai diritti autorali e condanna il gruppo romano per illecito utilizzo di contenuti audiovisivi
  20. Why the Knight Foundation president thinks we’re living through the biggest disruption since Gutenberg and the printing press
  21. New York Times lawyer: Donald Trump has no reputation to protect
  22. Donald Trump’s Media Threats Are Why a Free Speech Protection Law Is Needed
  23. As Donald Trump Ramps Up Threats To Sue Newspapers, A Reminder Of Why We Need Free Speech Protections
  24. ‘Apprentice’ Producer Denounces Trump but Won’t Release Possibly Damning Tapes
  25. If Trump Outtakes Are Leaked, It Won’t Be A Copyright Violation
  26. Horrified by Trump, Silicon Valley Leaders Debate Cutting Ties to Peter Thiel
  27. Still A Bad Idea: Gawker Exploring Lawsuit Against Peter Thiel
  28. Who’s the pirate? Lawyers join forces to fight allegedly bogus claims of pay-TV theft
  29. Does Advertising Ruin Everything?: “We have to get over our addiction to free stuff. Suck it up and pay,” says Tim Wu, the author of a new book on the history of ads.
  30. Technological Neutrality: Recalibrating Copyright in the Information Age (Carys Craig)
  31. Reconsidering Copyright’s Constitutionality (Graham Reynolds)
  32. Should it be copyright’s role to fill houses with books? (Rebecca Giblin)

COMMUNICATIONS & BROADCASTING

  1. New digital taxes may be the future of Cancon (Michael Geist)
  2. Stop the federal government before it taxes everything on the Internet
  3. Non-cable Internet providers offer faster speeds to the wealthy: For many, the choice is between slow DSL and high-priced cable.
  4. Verizon Punishes Techs That Try To Repair DSL Customers It No Longer Wants
  5. FCC: Comcast Routinely Charges Customers For Hardware, Services Never Ordered
  6. The FCC Responds to Comcast’s Negative Option
  7. Comcast customers sue over fees that push price above advertised rate: Proposed class action takes aim at Broadcast TV Fee and Regional Sports Fee.
  8. Comcast Sued For Misleading Fees It Claims Are Just Its Way Of Being ‘Transparent’
  9. T-Mobile punished by FCC for hidden limits on unlimited data: Carrier to pay $7.5 million fine, provide small discounts, and improve disclosures.
  10. Trump hires Bell, Telus consultant for telecom advice
  11. Trump Says SNL Sketches Show Media Is Rigging the Election
  12. Trump’s son-in-law held talks to set up Trump TV network: source
  13. The FCC and the ‘Pre-Internet’ (John Blevins)
  14. FCC Liberalizes Rules for Foreign Investment in U.S. Broadcast Licensees 
  15. FCC Chairman Moves to Regulate Broadband Consumer Privacy 
  16. FTC says it may be unable to regulate Comcast, Google, and Verizon: FTC seeks to reverse AT&T ruling that may gut consumer protection authority.

SURVEILLANCE & PRIVACY

  1. Clinton blasts Russian cyber-attacks as bid to install Trump as a “puppet”: “Will Donald Trump admit and condemn that the Russians are doing this?”
  2. Civil liberties groups ask for ‘moratoriums’ on face recognition tech
  3. Granted Warrant Allowed Feds To Force Everyone At Searched Residence To Unlock Devices With Their Fingerprints
  4. Appeals Court Affirms NSA Surveillance Can Be Used To Investigate Domestic Criminal Suspects
  5. Your dynamic IP address is now protected personal data under EU law: CJEU rules that personal IPs can’t be stored, unless to thwart cybernetic attacks or similar.
  6. House wants “briefing as soon as possible” to grok how Yahoo spied
  7. Akamai Finds Longtime Security Flaw in 2 Million Devices
  8. Half of American adults appear in facial recognition databases — and police are using them with almost no oversight
  9. US renews fight for the right to seize content from the world’s servers: No access to world’s servers thwarts “criminal and national security investigations.”
  10. EFF’s Challenge Of NSL Gag Orders Reaches The Ninth Circuit Court Of Appeals
  11. Appeal Court Revives Lawyer’s Lawsuit Against The NSA’s Email Dragnet
  12. Documents Show Chicago PD Secretly Using Forfeiture Funds To Buy Surveillance Equipment
  13. Bangladesh Brings In Nationwide Digital Identity Cards Linking Biometrics To Mobile Phone Numbers
  14. Nokchan v Lyft: Since the Spokeo Decision Privacy Continues to be a Hot Topic as Circuit Courts Fracture 
  15. British spooks’ secret citizen data slurp broke ECHR rules, says tribunal: IPT finds spymasters only complied after government’s avowal of covert snooping.
  16. On WikiLeaks, Journalism, and Privacy: Reporting on the Podesta Archive Is an Easy Call
  17. Prosecutors Changing Charges Against Reporter To ‘Rioting’ Because Her Coverage Was Sympathetic To Protestors
  18. Mass Hacks of Private Email Aren’t Whistleblowing, They are at Odds With It. (Jonathan Zittrain)
  19. FBI: Czech police arrest suspected Russian hacker
  20. The State Department Has Taken Over Three Years On A FOIA Request About How Long It Takes To Process FOIA Requests
  21. Court Says Deleting Browser History To ‘Avoid Embarrassment’ Isn’t Destruction Of Evidence
  22. Sony Wants Lawsuit Over Alleged Failure to Prevent Movie Piracy Under Arbitration Cloak
  23. Who gets your selfies when you die? States seek to fill privacy law gaps

jon

News of the Week; October 12, 2016

GAMES

  1. Oculus Founder Skips Company Event To Avoid Being A ‘Distraction’: “Palmer absolutely decided that he was not going to be here.”
  2. Oculus’s big event keynote had one noticeable omission—founder Palmer LuckeyConsumer spend on VR to hit $11.2 billion by 2020 – IHS Markit
  3. John Carmack says VR devs are “coasting on novelty”
  4. Fallout 4 and Skyrim mods are coming to PS4—but with restrictions: Modders can’t upload external assets, and Fallout 4 mods don’t have a release date.
  5. Skin in the Game: Video Game Publisher Dodges Teenage Gambling Suit, But Must Address State Regulator Concerns 
  6. Uncharted Director Criticizes Triple-A Development, Says It Can “Destroy People”: Amy Hennig says she worked 10.5 years of 80-hour weeks.
  7. Not A Game: Industry Labour Practices May Be Headed For a Big Change
  8. “This industry is not going to protect us. We have to learn to protect ourselves”: The Chinese Room co-founder Jessica Curry calls for greater diversity in the industry, says everyone needs to do their part
  9. Racing game specialist SimBin re-established in the UK
  10. Meet Duran Parsi, Collegiate Starleague CEO And Law School Student
  11. Dallas Mavericks’ Mark Cuban: ‘I Haven’t And Won’t Invest In (eSports) Teams’

DIGITAL

  1. Mozilla trolls the EU’s nonsensical copyright laws with classic memes
  2. Open Letter to the European Commission – On the Importance of Preserving the Consistency and Integrity of the EU Acquis Relating to Content Monitoring within the Information Society
  3. Indonesia Government Introduces Vague Law Making Offensive/Embarrassing Memes Illegal
  4. Twitter shouldn’t let itself become a tool for tyrants
  5. Twitter’s Woes Signal the End of the Social Wars
  6. NFL teams could face huge fines for posting game GIFs and videos on social media
  7. To Combat Dropping Ratings, The NFL Thinks Fining Its Teams For Sharing Video On Social Media Is The Answer
  8. Dozens of suspicious court cases, with missing defendants, aim at getting web pages taken down or deindexed
  9. More Details Uncovered On Bogus Defamation Lawsuits Being Used To Delist Negative Reviews
  10. Peter Thiel’s Lawyer Says He’s Stopped ‘Monitoring’ Gawker, But Still Sending It Bogus Takedown Demands
  11. Prominent Pro-Patent Judge Issues Opinion Declaring All Software Patents Bad
  12. Apple got its verdict back—$120M against Samsung: Federal Circuit judges revive Apple patents on “slide-to-unlock” and autocorrect.
  13. Supreme Court may reel in Apple v. Samsung damage award: How much punishment is appropriate when it comes to design patents?
  14. FTC Releases Big Report On Patent Trolls, Says The Patent System Needs To Change
  15. An Interesting Online Personal Jurisdiction Ruling (No, Really!)–Rotblut v. Terrapinn
  16. Enforcement problems with online contacts: an Uber case study
  17. YouTube Takes Down European Parliament Video On Stopping Torture For ‘Violating Community Guidelines’
  18. YouTube Crushed TV in Total Debate Viewership
  19. The way YouTube stars are making millions is changing
  20. Atlanta Hawks Receive 1 Million Views On Facebook Live Open Practice
  21. Backpage CEO arrested, accused of running “world’s top online brothel”
  22. We’re up to seven reports of “safe” Galaxy Note 7s exploding – Update: AT&T and T-Mobile halt sales as supposedly “safe” devices catch fire.
  23. Samsung halts Galaxy Note 7 production, but UK carriers yet to nix sales of device: There have been at least seven reports of replacement phones exploding.
  24. Galaxy Note 7 recall, Part 2: Samsung admits replacement units are unsafe: “Safe” Note 7s aren’t actually safe. Samsung starts second recall.
  25. Don’t buy a Galaxy Note 7—and return yours if you already have: With production and sales of the Note 7 paused, we’ve got some alternate picks.
  26. Gear VR no longer works with explosive Galaxy Note 7: Recognition that a phone exploding inches from your eyes is a bad idea.
  27. How artificial intelligence is changing online retail forever
  28. I have seen the future of the Internet: Millions of rogue fridges will render it unusable – Instead monetising 8K IPTV, telcos need to focus on security and DDoS mitigation.
  29. WhatsApp’s data love-in with Facebook probed by Spanish watchdog: Data protection authorities shake fist at WhatsApp’s data-sharing U-turn.
  30. Big Data and Competition Policy (Maurice Stucke & Allen Grunes)
  31. Speak, Memory: When her best friend died, she rebuilt him using artificial intelligence

CREATIVITY

  1. Commodifying Banksy
  2. Don’t call me a British artist – I’m thoroughly European
  3. Ed Sheeran hits back at ‘scandalous allegations’ in $20m Photograph copyright lawsuit
  4. Trump Adds To His Anti-First Amendment Legacy In Threatening To Sue Clinton For Campaign Ads
  5. NBC Delayed Story About Trump’s Access Hollywood Recording Over Fear That He Might Sue
  6. Dear Donald Trump And Vladimir Putin, I Am Not Sidney Blumenthal
  7. Trademark Infringement Suit Against Kanye West Precluded By The First Amendment
  8. Sanity: MasterCard Loses Absolutely Idiotic Trademark Challenge Against An Athletic Competition
  9. Why Copyright Reform Won’t Solve the Troubles Faced By the Newspaper Industry (Michael Geist)
  10. The Copyright Office wants your comments on whether it should be illegal to fix your own stuff
  11. In the Internet Age, Dolce and Gabbana Are Still Banning Critics, But Why?
  12. New California Law Will Require Online Entertainment Database Sites to Remove Age-Based Information 
  13. The Commission’s DSMS and CJEU case law: what relationship?
  14. Are Prices Free Speech? The Supreme Court is set to weigh in on whether merchant surcharges are protected as free speech 
  15. Remembering a journalist who was killed for standing up to Putin

COMMUNICATIONS & BROADCASTING

  1. A Cord-Cutting Battle in Canada is Brewing Between a Telecom David and Goliath
  2. CRTC finds proposed wholesale high-speed access rates unreasonable
  3. CRTC scolds big telecoms for ‘not just and reasonable’ wholesale rates
  4. John Doyle: Why is the Canadian public subsidizing reality TV drivel?
  5. Comcast fined $2.3 million by FCC for “negative option billing” practices: “It is basic that a cable bill include charges only for services and equipment ordered.”
  6. FCC proposes broadband privacy rules despite opposition from ISPs: Pay-for-privacy plans won’t be banned, but ISPs face new opt-in requirements.
  7. Comcast Dramatically Expands Unnecessary Broadband Caps — For ‘Fairness’
  8. Charter Joins AT&T In Using Lawsuits To Try And Slow Down Google Fiber
  9. Hillary Clinton vs. Donald Trump on broadband: She has a plan, he doesn’t: Clinton vows to defend net neutrality—Trump calls it “attack on the Internet.”

SURVEILLANCE & PRIVACY

  1. US government: Russia behind hacking campaign to disrupt US elections – DHS, Intelligence officials formally accuse Russian government of DNC hack, others.
  2. The FBI Wants To Crack Another Dead Terrorist’s Locked iPhone
  3. Welcome to the machine—Yahoo mail scanning exposes another US spy tool: Surveillance by machine “doesn’t count as spying unless you’re guilty,” right?
  4. Yahoo Email Scanning May Sink EU Privacy Shield Agreement
  5. Yahoo Inc. sued for gross negligence after confirmed hacking
  6. ACLU exposes Facebook, Twitter for feeding surveillance company user data: Geofeedia touts access to Twitter’s firehose, “partnership with Instagram.”
  7. Inspector General’s Report Notes Section 215 Requests Down Sharply Since 2013
  8. Why we should celebrate the Elena Ferrante firestorm
  9. FCC Chairman Proposes Final Privacy Rules
  10. Bungling humans and systems failures outshine cyber attacks, say infosec bods: People cause more network outages than machines—and malicious actions are falling.

jon

News of the Week; October 5, 2016

GAMES

  1. Court dismisses class action lawsuit against Valve over CS:GO gambling
  2. Federal Court Rejects Online Gambling Lawsuit Against Valve–McLeod v. Valve
  3. Washington state authority orders Valve to stop allowingCS:GO skin gambling
  4. Valve threatened by Washington State Gambling Commission – CS:GO skins controversy continues for the Steam platform holder
  5. Pokémon Go creator sued by The Hague over “nuisance” players on beaches: Beaches at Kijkduin have become a Mecca for Dutch gamers, damaging protected dunes.
  6. Niantic facing court in The Hague over Pokémon Go: Fears over damage to a protected beach raise questions over efficacy of Niantic’s grievance procedures
  7. Pokemon GO still generating about $2m a day – Newzoo: At its peak, the wildly popular game was generating revenues of $16m each day, Newzoo says
  8. Lindsay Lohan’s Grand Theft Auto Suit Dismissed
  9. With Sony’s support, Bethesda revives mods for Fallout 4 and Skyrim on PS4
  10. PS4 Skyrim, Fallout 4 getting user mods after all: After blaming Sony for missing features, Bethesda backtracks, also promises PS4 Pro support for both titles
  11. No Man’s Sky’s advertising is officially under investigation in the UK: ASA looking at allegedly misleading screens, videos, and descriptions.
  12. No Man’s Sky Subreddit Closed, Described as “Hate Filled Wastehole” By Mod: The game’s subreddit was purged of all discussion threads and shuttered.
  13. Under Armour, Snapchat Team Up For Cam Newton Interactive Game
  14. Everybody’s Gone To The Rapture studio co-founder calls for immediate action to improve diversity in games
  15. Why the Video-Game Culture Wars Won’t Die
  16. Racing Game Developers Sacrifice Playability On The Altar Of Anti-Piracy, Deliver Laggy Mess To Paying Customers
  17. Forza Horizon 3 is plagued by issues on Xbox One
  18. Dev who sued Steam users drops lawsuit, citing money problems
  19. Digital Homicide owner cancels lawsuit against Steam users: Cites lack of funds in termination filing after “business was destroyed completely”
  20. General Data Protection Regulation (GDPR) – what next for the games industry?
  21. Amazon reveals Twitch’s first currency, gambling systems: New sports-brawling game Breakaway will “integrate directly” with Twitch in many ways.
  22. eSports teams attract more outside investment: Steve Aoki buys a stake in upstart Rogue as Memphis Grizzlies owner ups his share of League of Legends Championship Series squad Immortals
  23. Influx of capital into eSports will force it to grow up: Traditional sports owners and executives getting into eSports will herald huge changes to the culture and business of the sector
  24. The Next Great American Pastime: Major League Gaming is building the ESPN of eSports. And reshaping sports media.
  25. Esports are now officially legal in France
  26. First eSport Tournament Streamed in Virtual Reality
  27. Sony PlayStation VR review: You know what? Sony did it. The PSVR is actually pretty great
  28. PlayStation VR provides a lot of bang for your virtual reality buck – Review: VR on a game console finds a sweet spot between cheap and top-of-the-line.
  29. The Mainstreaming of Augmented Reality: A Brief History
  30. VR hardware will grow to $50 billion by 2021 – Juniper
  31. With SEC approval, anyone can now invest in Psychonauts 2’sFig campaign
  32. Ubisoft: “We won’t relax until they sell their shares” – Ubi succeeds in adding two new independent directors to the board, and reelects Yves and Gerard Guillemot
  33. Vivendi bides its time as Ubisoft re-elects Yves Guillemot as chairman
  34. Ubisoft fends off unwanted suitor: 10 Years Ago This Month: The Prince of Persia publisher attempts to stay independent from EA, and for good reason
  35. Xbox boss admits internal goal was to sell 200m consoles: Phil Spencer says the rough start for Xbox One was partly due to the company’s misguided approach to the business at the time
  36. Worldwide digital sales top $6 billion in August – Superdata: Tracking firm sees premium games getting more popular in China, with collectible card games the future of free-to-play
  37. War Robots dev acquired by Russian internet giant for $30M
  38. Kickstarter-Funded Game Drops DRM-Free Version It Promised, Then Promises It Again After The Backlash
  39. PewDiePie’s ‘Tuber Simulator’ Tops The App Store Charts, Crashes Servers Due To Immense Popularity
  40. Madden devs own up to misplacing the sun
  41. DIGRA/FDG ’16 – Proceedings Of The First International Joint Conference Of DIGRA And FDG – 62 Articles Or Papers

DIGITAL

  1. European Court Rules On Open WIFI (Andres Guadamuz)
  2. A Closer Look at the RIAA Lawsuit Against YouTube-MP3
  3. New York Fashion Company Sued Over Use of Photograph on Instagram
  4. Y2K 2.0: Is the US government set to “give away the Internet” Saturday? 
  5. Texas and 3 other states sue to block ICANN transition (Rebecca Tushnet)
  6. Judge rejects plea from states to stop U.S. from giving up control of Internet
  7. The Internet Finally Belongs to Everyone
  8. How countries like China and Russia are able to control the internet
  9. Murky international laws threaten to break up the internet as we know it
  10. After Facebook “censors” anti-Muslim posts, hate groups sue US gov’t: Gov’t lawyers now ask judge to dismiss lawsuit, as activists “lack standing.”
  11. FBI’s Comey: Actually, Chasing ISIS Off Twitter Makes It More Difficult For Us To Follow Them
  12. Did attackers take down Newsweek because of an anti-Trump story?: Reporter tweeted Friday: “Lots of IP addresses involved. Main ones from Russia.”
  13. How 1.5 Million Connected Cameras Were Hijacked to Make an Unprecedented Botnet
  14. How Facebook Live became the tool for live streaming death by police
  15. How An Old Hacking Law Hampers The Fight Against Online Discrimination
  16. Arduino on Arduino battle ends in reconciliation, merger: Schism in leading open source hardware project heals with new Arduino Foundation.
  17. Popular YouTuber Experiments With WebTorrent to Beat Censorship
  18. Social media stars are helping Hollywood reach younger audiences, for a price
  19. HP Apologizes for Busting People’s Printers on Purpose
  20. Amazon bans reviews based on free or discounted products: Only books and reviews from the Amazon Vine program are exempt from new rules.
  21. Patent troll VirnetX beats Apple again, awarded $302M in FaceTime damages: Patent holder will seek millions more over whether Apple willfully infringed.
  22. Stupid Design Patent Of The Month: Rectangles On A Screen
  23. Here’s Why Software Patents Are in Peril After the Intellectual Ventures Ruling
  24. FTC Study on Patent Assertion Entity Activity
  25. Trademarks: Trolls at the Gate – In a few short years, anyone with a couple hundred dollars will be able to register a trademark, whether it’s being used commercially or not. Trademark trafficking, and trolls, won’t be far behind.
  26. Cox Wants Music Group to Pay for False Copyright Claims: Internet provider Cox Communications is demanding over $100,000 in compensation from Round Hill Music, for the legal fees it incurred based on false copyright claims. The music group sued Cox last year over alleged infringements committed by the ISP’s subscribers, without actually owning any of the copyrights in question.
  27. What The Twitter Sale Reveals About Twitter, Itself: The plain truth about the struggling social-media company has become clear in its highly public, and theatrical, auction.
  28. On @Jack’s One Year Anniversary, Twitter Remains a Mess
  29. Trump’s Overnight Twitter Tirade Sums Up His Weaknesses
  30. How I Taught A Jury About Trolls, Memes And 4Chan — And Helped Get A Troll Out Of Jail
  31. Donald Trump Happily Repeating Lie About Google Autocomplete Suppressing Negative Hillary News
  32. The new secret code that racists are using online is doomed to fail
  33. 4chan is running out of money—and Martin Shkreli wants to help out: Cash worries have dogged the notorious troll-haven for years.
  34. Virtual Reality to Help Bring the Last Nazi War Criminals to Justice
  35. Facebook Video Metrics Crossed The Line From Merely Dubious To Just Plain Wrong
  36. Is Twitter Really the Future of Sports Watching?
  37. All That New Google Hardware? It’s a Trojan Horse for AI
  38. Can A.I. help out in the executive suite?
  39. The future of protest involves light, holograms and augmented reality
  40. Thoughts on Neuromarketing, ZMET and Thinking Fast and Slow
  41. Legally Blind Man Sees Clearly For The First Time Ever, Thanks to Virtual Reality
  42. The remix wars: Originality in the age of digital reproduction
  43. MIT’s “Moral Machine” Lets You Decide Who Lives & Dies in Self-Driving Car Crashes
  44. Tech billionaires are asking scientists for help breaking humans out of the computer simulation they think they might be trapped in
  45. A fourth law of robotics? Copyright and the law and ethics of machine co-production (B. Schafer, D. Komuves, JN Zatarain & L. Diver)

CREATIVITY

  1. Dash Snow’s Family Sues McDonald’s for Copyright Infringement: The lawsuit claims that any association with McDonald’s will diminish the value of the late artist’s work.
  2. Supreme Court Punts on O’Bannon v. NCAA
  3. No copyright protection for sport broadcasts (Sweden)
  4. Fox News’ Harris Faulkner & Hasbro Settle Lawsuit Over ‘Harris Faulkner’ Hamster
  5. Can you trademark an offensive name or not? US Supreme Court to decide: US law bars trademarks if the name is immoral, deceptive, scandalous, or disparaging.
  6. Phoenix Police Issues Totally Bogus Cease & Desist To Trump Campaign Claiming Copyright Infringement
  7. Following Coverage Of Trademark Dispute, Lawyer Demands Image On News Story Be Taken Down As Infringing
  8. Warning: This article on trademarks may include language deemed ‘scandalous, immoral or disparaging’
  9. Parody product fails to squeak through the cracks in dilution/infringement claim: VIP Products, LLC v. Jack Daniel’s Properties, Inc. (Rebecca Tushnet)
  10. U.S. Court Of Appeals Upholds Ruling That New Hampshire’s Silly Ballot Selfie Ban Violated The First Amendment
  11. NH Ban on Ballot Selfies Held Unconstitutional
  12. EFF Asks Court To Block The DOJ From Prosecuting Researcher For DMCA Violations
  13. Beyoncé’s copyright case was destined for dismissal 
  14. In Pegasus-related copyright suit, judge sidelines as art critic 
  15. Leaker fined $1.2 million for uploading screener of The Revenant
  16. Why Are We Paying for Public Domain Photos?
  17. BBC Radio Director Helen Boaden resigns, criticising state of journalism
  18. Luke Cage’s Signature Hoodie Is a Tribute to Trayvon Martin
  19. Stevie Wonder, Motown, and the First ‘360 Deal’: Wonder’s recommitment to Berry Gordy was a commercial coup and a creative crescendo
  20. Toward a Constructive Technology Criticism

COMMUNICATIONS & BROADCASTING

  1. Consumers, industry present opposing futures for Canada’s wireless code
  2. A Massive Cable Industry Disinformation Effort Just Crushed The FCC’s Plan For Cable Box Competition
  3. AT&T to end targeted ads program, give all users lowest available price: Controversial traffic scanning program, Internet Preferences, meets its demise.
  4. AT&T Stops Charging Broadband Users Extra For Privacy
  5. Overly Broad Arbitration Clause Fails–Wexler v. AT&T
  6. Verizon workers can now be fired if they fix copper phone lines
  7. FCC Streamlines Foreign Ownership Review Process for Broadcasters, Common Carriers
  8. The State of Traditional TV: Q2 2016 Update

SURVEILLANCE & PRIVACY

  1. How Ottawa revived Canada’s most controversial privacy issue (Michael Geist)
  2. Exclusive: Yahoo secretly scanned customer emails for U.S. intelligence – sources
  3. Yahoo Secretly Built Software To Scan All Emails Under Pressure From NSA Or FBI
  4. Yahoo’s CISO resigned in 2015 over secret e-mail search tool ordered by feds – Reuters: Yahoo “complied with a classified US government directive.”
  5. N.S.A. Contractor Arrested in Possible New Theft of Secrets
  6. Feds Gagged Encrypted Communications Firm Open Whisper Systems Over Massively Overbroad Subpoena
  7. Johnson & Johnson Warns Insulin Pump Owners They Could Be Killed By Hackers
  8. A Grand Bargain to Make Tech Companies Trustworthy: Doctors and lawyers are prohibited from using clients’ information for their own interests, so why aren’t Google and Facebook? (Jack Balkin & Jonathan Zittrain)
  9. Viacom, Mattel, Hasbro and Jumpstart Fined $835,000 for Tracking Children Online
  10. How hard is it to hack the average DVR? Sadly, not hard at all
  11. Yahoo hack may have exposed Marissa Mayer’s emails

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