Posts

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

jon

Legal Contradictions Manifest in Video Game Worlds: Copyright through the Post-Structuralist Looking Glass

In the spring I was invited by my colleague Gaetano Dimita (http://www.law.qmul.ac.uk/staff/dimita.html) of The School of Law, Queen Mary University of London to participate in the second edition of an academic conference he organizes called “More Than Just A Game: Interactive Entertainment & Intellectual Property Law”. The conference, which took place on April 8, 2016 was a great success, and I presented on “Legal Contradictions in Video Game Worlds: Copyright through the Post-Structuralist Looking Glass.” My core message was that video game mods should be presumptively legal. I explored the reasons why and suggested some possible mechanisms to, in the words of Captain Picard, make it so.

In preparation for my London adventure I was privileged to present a draft iteration at a Faculty Seminar at the Allard School of Law, UBC on March 16, 2016. Thanks to Natasha Affolder and Janine Benedet for the invitation, and Joe Weiler for moderating. Thanks as well as to everyone who came, asked questions and helped me “sharpen the saw” through their questions.

There was no video of the QMUL conference while the Allard Faculty Seminar was recorded and edited thanks to Dan Silverman. As a result, below you will find the slides from the final presentation in London, video from Vancouver, and some bonus memorabilia from both.

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jon

News of the Week; September 28, 2016

GAMES

  1. Palmer Luckey: The Facebook Near-Billionaire Secretly Funding Trump’s Meme Machine – Palmer Luckey—founder of Oculus—is funding a Trump group that circulates dirty memes about Hillary Clinton.
  2. Oculus Rift inventor Palmer Luckey is funding Trump’s racist meme machine: Admits involvement with pro-Trump nonprofit, deletes Reddit account.
  3. Insomniac, other devs condemn Palmer Luckey’s support of pro-Trump troll group
  4. Some developers dropping Oculus support to protest founder’s politics 
  5. In Wake of Palmer Luckey Report, Multiple Devs Drop Oculus Support: After news broke of Oculus co-founder Palmer Luckey’s anti-Clinton funding, game devs are dropping Oculus support.
  6. Luckey on pro-Trump donation: “My actions… do not represent Oculus”: Amid fallout, Oculus founder tries to walk back impact of his political giving
  7. Oculus founder apologizes as devs suspend support: Palmer Luckey denies posting as “NimbleRichMan”, Oculus CEO says employees are “free to support the issues…that matter to them”
  8. Oculus “diversity” fellows struggle with cofounder’s politics: Those competing for scholarships express “surprise, shock, dismay, and disappointment.”
  9. YouTube And Twitch Are Battling To End “Misogynistic Abuse In Gaming”
  10. How A Washington-Based Clinic Treats Video Game Addiction
  11. VR: There will be blood – The diversity of software already out there for VR is proof of a bubble; variety is great, but even if VR succeeds overall, many creators will be left behind
  12. No Man’s Sky Being Investigated Over Misleading Advertising Claims: One person says they felt “properly misled.”
  13. Federal Court Holds That Casino In Video Game App Is Not A Gambling Device 
  14. Game Developer Chooses To Connect With Pirates, Reaps Rewards As A Result
  15. Jagex punishing banned Runescape players by selling their stuff
  16. Jagex now at the core of publicly-listed Chinese company
  17. Star Wars: Uprising shutting down – Kabam will no longer be taking payments from players of the game as of September 22
  18. Sunset Overdrive Dev Wants to Bring Game to PC, But Microsoft Gets to Make the Call: “We’d love for it to come to PC, though it’s up to Xbox on that one.”
  19. You can now study EA’s lost sci-fi shooter Battlefield 2142
  20. Ubisoft CEO: A Vivendi takeover ‘threatens the construction and pillars of Ubisoft’: “Yes, companies merging is normally not a problem, but in our industry, which is changing a lot of time, it’s actually risky.”
  21. Ubisoft buys back €122.5 million in stock: Publisher regains 3.2% in share capital ahead of Vivendi’s request for greater board representation
  22. Ubisoft buys publisher of notorious game clone 2048
  23. Ubisoft opens book publishing house to ‘propel’ brands forward
  24. Riot commits to revenue sharing with LoL eSports players: “We recognize that the current ecosystem isn’t consistently profitable yet for team owners or for the league”
  25. In the wake of criticism, Riot promises to share more revenue with League pros: “We’re making some changes around in-game content which will create additional revenue streams for players and teams.”
  26. 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
  27. Why Brooklyn Nets Point Guard Jeremy Lin Launched An eSports Team
  28. ESL One will be the first eSports event livestreamed in VR
  29. Philadelphia 76ers Become First U.S. Sports Team To Purchase eSports Franchises
  30. Real-world teams march further into eSports: Philadelphia 76ers become the first North American franchise to buy an eSports team, but it’s just the latest deal in an ongoing trend
  31. NBA team execs purchase eSports franchise, Team Liquid
  32. Iceland rejected EA’s $15k offer for FIFA 17 national team rights: “They are the ones buying these rights and they almost want it for free”
  33. The rise and rise of tabletop gaming: Gentler designs with an emphasis on teamwork are fuelling a boom in board game sales. Why, in the golden age of video games, are we choosing to play with counters round a table?
  34. Chris Melissions: creator and guest curator for “The Art of Videogames” at the Smithsonian American Art Museum

DIGITAL

  1. Teleportation across Calgary marks ‘major step’ toward creation of ‘quantum internet’: Fibre-optic system between university and city hall enables long-distance ‘disembodied’ transfer of info
  2. Google and Facebook cases dominate Supreme Court fall session: The high court is set to take on big cases, including a B.C. woman’s class-action lawsuit against Facebook.
  3. Record Labels Make New Grab For Website-Blocking Power in YouTube-MP3 Suit (EFF)
  4. RIAA takes on stream-ripping in copyright lawsuit targeting YouTube-mp3: “The scale of Defendants’ infringing activity is enormous,” lawsuit says.
  5. Major Record Labels Sue Over Ripping Audio Tracks from YouTube Videos: The target is a German company that is the “chief offender” of stream ripping, but the lawsuit also demands an order against third parties.
  6. Can Someone Explain To The RIAA That SOPA Didn’t Actually Pass?
  7. The Hacking Law That Can’t Hack It: The five cases that show how the frustrating and confusing 30-year-old Computer Fraud and Abuse Act is.
  8. Google swallows 11,000 novels to improve AI’s conversation: As writers learn that tech giant has processed their work without permission, the Authors Guild condemns ‘blatantly commercial use of expressive authorship’
  9. Revealed: How one Amazon Kindle scam made millions of dollars – For years, thousands were tricked into buying low-quality ebooks.
  10. Judge Finds Sony-Spotify Agreement to Be Ambiguous in Big Royalties Lawsuit
  11. Feds accuse Silicon Valley firm Palantir, founded by Peter Thiel, of hiring bias
  12. The digital age has destroyed the concept of ownership, and companies are taking advantage of it
  13. New California IMDb Age Law Probably Unconstitutional, Experts Say
  14. Teen-Focused App Musical.ly Is the Music Industry’s New Secret Weapon
  15. 46 California Cities Join Rush To Impose ‘Netflix Tax’
  16. Immigration Board Says You Can Be Deported For Copyright Infringement
  17. Does The FTC Get To Ignore Section 230 Of The CDA?
  18. Consumer group: Microsoft should compensate unhappy Windows 10 upgraders – Survey suggested that 12 percent of Windows 10 upgraders switched back to 7 or 8.1.
  19. Microsoft Bets Its Future on a Reprogrammable Computer Chip
  20. Facebook apologizes for feeding inflated video-view numbers to advertisers
  21. Facebook is Teflon: why inflating video viewing may not change anything
  22. HP Has Added DRM to Its Ink Cartridges. Not Even Kidding
  23. EFF calls on HP to disable printer ink self-destruct sequence: HP firmware update rejected cheaper third-party ink cartridges.
  24. New Galaxy Note 7 reportedly explodes in China, burns customer’s finger
  25. Goodbye QWERTY: BlackBerry stops making hardware: BB will “end all internal hardware development” and stick to rebranding devices.
  26. Judge skewers Oracle attorney for revealing Google, Apple trade secrets: Lawyer “screwed up and she never should have done what she did,” judge says.
  27. Oracle’s ‘Gamechanger’ Evidence Really Just Evidence Of Oracle Lawyers Failing To Read
  28. Copyright Alert: The European Union Exposes Websites to Copyright Liability for Linking to Infringing Material of Third Parties
  29. Nigerian Government Officials Abusing Cybercrime Law To Silence Critical Journalist
  30. Court rules that union official’s sexist and offensive blog posts are constitutionally protected
  31. Donald Trump Doubles Down On Ted Cruz’s Blatantly Confused And Backwards Argument Over Internet Governance
  32. ISPs Offered Service to “Protect Safe Harbor” Under DMCA
  33. Journalists Blaming Facebook For Decline Is Just As Tiresome As When They Blamed Craigslist & Google
  34. Canadians watched 60 per cent more YouTube in 2015 than 2014, new data shows 
  35. Now you can register to vote in Snapchat
  36. Yelp fighting court order requiring it to remove negative review
  37. How Iran Is Building Its Censorship-Friendly Domestic Internet
  38. The Democratization of Censorship
  39. Instagram Is The New TV: A too-close look at Karlie Kloss’s new eBay ad
  40. I Let Facebook’s Algorithms Run My Life For Weeks: How I destroyed my feed, annoyed my relatives, and maybe even found true friendship in the processWhat happens when your tweet goes viral
  41. Wrap Star
  42. Listen To The First Ever Pop Song Composed By Artificial Intelligence
  43. Ghosts in the Machine: Female Computers in Science Fiction and History

CREATIVITY

  1. How the New Star Trek Fan Film Guidelines May Change Fandom
  2. Chicago Cubs: With Success Comes Trademark Lawsuit Against Street Vendors
  3. SODRAC v. Quebec Artists?
  4. Photographer Successfully DMCAs Trump Jr.’s Skittles Image
  5. Donald Trump and the Return of Seditious Libel
  6. New Hampshire law barring ballot selfies is unconstitutional, court rules: Not even the motive to limit voter coercion can bar right to ballot booth selfies.
  7. N.H. ‘ballot selfie’ ban struck down
  8. Federal Court of Canada decision encourages creation of historical fiction
  9. TV and Film Music Supervisors Are Killing Real Songwriting
  10. Spotify is causing a major problem for economists
  11. Traffic Is Fake, Audience Numbers Are Garbage, And Nobody Knows How Many People See Anything
  12. Texas Rangers Oppose Bacardi’s Logo For Green Tea Spirit Because Of The ‘T’
  13. It Only Takes Six Seconds To Hear The World’s Most Sampled Song
  14. The Filmmaking Couple Kidnapped by Kim Jong-il to Put North Korean Cinema on the Map
  15. Hollywood’s new China syndrome: The country’s enormous audience means money for movie studios and some restrictions; Chinese viewers — and investors — are saving Hollywood. But is China’s influence causing studios to self-censor?

COMMUNICATIONS & BROADCASTING

  1. Heritage Minister says she will not reverse Cancon rules for TV industry
  2. LA Clippers Sign New TV Rights Deal, But It Does Not Include New OTT Services
  3. Rogers, Shaw to shutter video streaming service Shomi in November after less than two years
  4. What Cord Cutting? Cable Sector Hiked TV Prices 40% In Last Five Years
  5. The Future of the Internet: Less “Walking Dead” and More “House of Cards”? The FCC and CRTC Consider Implications of Data Caps and Differential Pricing
  6. ISP explains data caps to FCC: Using the Internet is like eating Oreos – “You have to pay extra for double-stuffed,” cable company Mediacom tells FCC.
  7. ISP Feebly Tries To Defend Usage Caps By Comparing Them To…Oreos
  8. FCC delays cable TV apps vote, needs time to work out licensing: You’ll have to wait longer for free TV apps that replace rented set-top boxes.
  9. FTC won’t give up fight against AT&T unlimited data throttling: Agency also lobbies for more authority to protect Internet subscribers.
  10. AT&T sues Nashville in bid to stall Google Fiber: Google Fiber’s quick access to utility poles threatened by lawsuit.
  11. AT&T Sues Nashville To Keep Google Fiber At Bay
  12. Verizon technician sold calling, location data for thousands of dollars
  13. US pay-TV subscribers down to 82%
  14. Law Professor Mark Lemley: Hollywood Is Simply Wrong About FCC’s Set Top Box Plan
  15. Inside The Final Days Of Roger Ailes’s Reign At Fox News: For 20 years, Roger Ailes did as he pleased at Fox News. Then former anchor Gretchen Carlson sued him for sexual harassment—and suddenly Rupert Murdoch, who’d long had his back, wasn’t there. How the most powerful man in cable news was toppled in 16 whirlwind days.

SURVEILLANCE & PRIVACY

  1. Yahoo says half a billion accounts breached by nation-sponsored hackers: One of the biggest compromises ever exposes names, e-mail addresses, and much more.
  2. Hack Brief: Yahoo Breach Hits Half a Billion Users
  3. As we speak, teen social site is leaking millions of plaintext passwords: i-Dressup operators fail to fix bug that exposes up to 5.5 million credentials.
  4. Austrian Teenager Sues Parents For Posting Pictures From Her Childhood To Facebook
  5. Cops are raiding the homes of innocent people based only on IP addresses
  6. CJEU Sheds Light On Liability For Operators Of Open Wi-Fi Networks (Case C-484/14 Mc Fadden v Sony Music)
  7. Leaked Oversight Report Shows Illegal Surveillance, Massive Constitutional Violations By Germany’s Intelligence Service
  8. An Ongoing Lack Of Technical Prowess Is Resulting In Bad Laws, Bad Prosecutions, And Bad Judicial Decisions
  9. Why the silencing of KrebsOnSecurity opens a troubling chapter for the ‘Net: “Free speech in the age of the Internet is not really free,” journalist warns.
  10. New California Law Attempts To Fight Hollywood Ageism By Censoring Third-Party Websites
  11. The hopes and headaches of Snapchat’s glasses

jon

News of the Week; September 21, 2016

GAMES

  1. McRO, INc. v. Bandai Namco Games America: Federal Circuit Revives Software Patents Held Ineligible
  2. Two YouTubers charged with promoting FIFA game gambling site to minors
  3. YouTube star charged over ‘FIFA’ game betting: He and another video producer allegedly broke UK law by promoting video game bets.
  4. Steam pulls Digital Homicide games following fan lawsuit: Indie studio alleged harassment in $18m lawsuit against Steam users, now considering legal action against Valve for its response
  5. Valve bans developer from Steam after it sues customers over bad reviews: Digital Homicide’s games removed by Valve for being “hostile” to users.
  6. Dev gets removed from Steam after filing a lawsuit against Steam users
  7. Valve relents on Steam key reviews – well, almost: Individual reviews from non-Steam purchases will be more visible, but they are still excluded from overall score
  8. Curt Schilling and others aim to exit 38 Studios lawsuit by paying $2.5M settlement
  9. Jagex punishing banned Runescape players by selling their stuff
  10. Dark Side of the Sun
  11. Nintendo raises the banner for premium mobile gaming: A latecomer to a battle that was lost some time ago, Nintendo is choosing to champion premium games on mobile over the ubiquitous F2P model
  12. Pokémon Go player is mugged live on his Twitch stream
  13. Pokémon Go player assaulted in Central Park while streaming on Twitch: “Still talking to police and will go to hospital soon. My jaw is a mess.”
  14. Thousands play Pokemon Go while driving, US research suggests
  15. Pokémon Go Is Doing Just Fine, With or Without You
  16. Catch That Bet: 888Sport Launches Pokémon Go-Style Sports Free Plays
  17. AR ‘far more promising’ than VR, says Niantic CEO John Hanke
  18. ITV and Sky buy stakes in 24-hour video gaming TV channel
  19. ESL One will be the first eSports event livestreamed in VR
  20. Yahoo Partners With Riot Games’ Collegiate eSports Division For Inaugural Campus Tournament
  21. Raw Data the first VR game to make $1m in a month – report: Survios points to AAA quality and AAA price as it lays claim to revenue milestone
  22. Why Successful Games in China Rarely Obtain the Equivalent Success in the West
  23. Logitech buys Saitek from Mad Catz
  24. Roadhouse Interactive confirms closure
  25. No Man’s Sky PR strategy wasn’t great – Yoshida: Sony Worldwide Studios president criticizes Hello Games’ Sean Murray for over-promising on space exploration survival game
  26. Remember that time Nintendo got rid of the headphone jack?: Years before the iPhone 7, the Game Boy Advance SP eschewed the standard as well.
  27. Wasteland 2 studio aims to sell 3D models from its games to other devs
  28. Microsoft Weaponizes Minecraft in the War Over Classrooms: Two years after buying the wildly popular video game, Microsoft is using Minecraft to vie for kids’ brain space and schools’ dollars.
  29. National Videogame Foundation formed to ‘celebrate and preserve’
  30. Believing is seeing: Orwell and surveillance sims
  31. Poland puts CD Projekt Red’s Witcher on official postage stamps
  32. Blizzard is saying goodbye to the 20-year-old Battle.net brand
  33. Blizzard phasing out Battle.net branding: After 20 years, World of Warcraft maker decides its networking services don’t need their own moniker

DIGITAL

  1. Canadian tech company Netsweeper helped Bahrain censor websites, says report: Citizen Lab says government blocked access to political opposition, human rights groups, anti-Islam sites
  2. Netsweeper, tech used to censor dissent, funded by NRC in 2012: CitizenLab reports of potential use of firm’s tools for censorship pre-date 2012 grant
  3. What an “MRI of the Internet” Can Reveal: Netsweeper in Bahrain (Ronald Deibert)
  4. Court: With 3D printer gun files, national security interest trumps free speech – In Defense Distributed v. Department of State, the government wins this round.
  5. HP detonates its timebomb: printers stop accepting third party ink en masse
  6. HP Launched Delayed DRM Time Bomb To Disable Competing Printer Cartridges
  7. Another Bad EU Ruling: WiFi Providers Can Be Forced To Require Passwords If Copyright Holders Demand It
  8. If Printing Guns Is Legal, So Is Distributing the Plans (Noah Feldman)
  9. Yet Another Report Says More Innovation, Rather Than More Enforcement, Reduces Piracy
  10. Music Industry Says Business Is Good But It Still Wants YouTube to Pay Up
  11. Federal judge says Bitcoin is money in case connected to JP Morgan hack: Despite definitions used by IRS and Florida judge, Anthony Murgio won’t have two charges dismissed.
  12. Inside Google’s Internet Justice League And Its Ai-Powered War On Trolls
  13. Is TV Doomed? Two-Thirds of Young Millennials Use an Ad Blocker to Watch, Study Says
  14. YouTube Leads Facebook, Snapchat Among Teens
  15. Wi-Fi providers not liable for copyright infringements, rules top EU court: But judgment spells trouble for anonymity on wireless networks, warn MEPs.
  16. EU Commission Proposes New Right For Press Publications
  17. Italy Proposes Law To Make Mocking People Online Illegal
  18. Italy on the verge of the stupidest censorship law in European history
  19. Anti-Piracy Outfits Caught Fabricating Takedown Notices
  20. Inside Google’s Internet Justice League And Its Ai-Powered War On Trolls
  21. Instagram’s new moderation policy is exactly how we should handle abuse on the internet
  22. Chrome and Firefox Block Pirate Bay Over “Harmful Programs”
  23. Creative Commons licenses under scrutiny—what does “noncommercial” mean?: Commercial v. noncommercial use of CC licenses. Where’s the line of demarcation?
  24. Facebook Algorithms Take Down WordPress Lawyer’s Post About Idiocy Of Algorithmic Takedowns
  25. Report: Donald Trump Would Put Peter Thiel On The Supreme Court… Wait, What?
  26. MuckRock & Vice Announce Fellowship To Investigate Peter Thiel
  27. Who Cares About the New iPhone Camera? The Real Change Is Apple Pay
  28. The NFL Arrives on Twitter, and With It, the Future of Live TV
  29. When Information Storage Gets Under Your Skin: Tiny implants can replace keys, store business cards and medical data—and eventually a lot more
  30. Rihanna becomes the second artist to crack 10 billion views on Vevo
  31. Apple CEO: VR Has “Lower Commercial Interest” than AR, New Hires from Magic Leap & Oculus
  32. Is AR the future of the VR market?
  33. Unpatent Launches Combination Crowdfunding/Crowdsourcing Platform To Invalidate Stupid Patents
  34. Fitness trackers may actually make you gain weight: In two-year study, regular dieters did better than those with technology.
  35. This Ebook Publisher Doesn’t Have Authors. It Has Writers’ Rooms
  36. The Simulation Hypothesis: Is Reality All Just A Computer Simulation?
  37. ‘The missing sense’: why our technology addiction makes us crave smells: Our online worlds are full of colors, words and sounds but lack something major – scents. Could that ever change?
  38. The federal self-driving vehicles policy has finally been published
  39. The George W. Bush White House ‘Lost’ 22 Million Emails
  40. How Pirates Shaped The Internet As We Know It

CREATIVITY

  1. Golden Oldies for $5 Available at Walmart – the Stargrove Case has been Settled (Howard Knopf)
  2. Copyright Claim against Beyoncé Gets Bounced in Scène à faire Tour de Force 
  3. Copyright is not a divine right: Delhi HC
  4. Breaking News: Major Victory for Students and Educational Access in DU Photocopy Case!
  5. Is Access Copyright “Selling the Brooklyn Bridge”? (Howard Knopf)
  6. Copyright Trolls Now Threatening College Students With Loss of Scholarship, Deportation
  7. Newegg Sues Over Copied Legal Filing; Judge Rules That It’s Not Fair Use
  8. Former Refugee Who Took Skittles Photograph Donald Trump Jr. Used In A Stupid Meme Threatens Copyright Lawsuit
  9. Boise State Somehow Got A Trademark On Non-Green Athletic Fields
  10. ‘Buck Rogers’ Pitch to Syfy Network Brings Legal Trouble for Author’s Heirs
  11. You can create an online avatar that lives on after you die—but what’s the point?
  12. The problem with “the pursuit of financial gain” in GS Media
  13. Removal of ‘Love Plane’ by Banksy sparks tension in Liverpool 
  14. Who Would Inherit Darth Vader’s Estate? 
  15. The Fictional Fight Over Han Solo’s Estate
  16. What’s Wrong With This Picture And Where Does it Come From? (Howard Knopf)
  17. Why Do Americans Distrust the Media?: Donald Trump, anti-elite sentiment, and the dark side of media abundance
  18. New protocol for notifying media of discretionary publication bans
  19. Legal profession ‘willing to set logic aside’ to bar cameras from courtrooms: Canadians need to understand their court system, but there’s resistance from legal profession
  20. How does race affect copyrightable expression? (Rebecca Tushnet) 

COMMUNICATIONS & BROADCASTING

  1. Behind the Scenes of the Digital CanCon Consultation: No Netflix Regs, CRTC Review or Copyright Overhaul (Michael Geist)
  2. Netflix plans to make half of its content original programming: Shows like House of Cards and Stranger Things have started a revolution.
  3. CRTC gets frosted at Kellogg’s over email violations
  4. New York City Threatens To Sue Verizon For Failure To Meet Fiber Deployment Promises
  5. AT&T and Comcast helped elected official write plan to stall Google Fiber
  6. Nashville Council Member Admits AT&T & Comcast Wrote The Anti-Google Fiber Bill She Submitted
  7. Fox News’s Sean Hannity stars in Trump promotion
  8. Cable Lobbyists Stop Using The Word Cable In Hopes You’ll Think Industry Has Evolved
  9. Don’t let copyright box us in (Mark Lemley)

SURVEILLANCE & PRIVACY

  1. Lawsuit: Who did the FBI pay to get into the San Bernardino attacker’s iPhone? – Associated Press, USA Today, and Vice Media sue FBI for contractual records.
  2. AP, USA Today, Vice Sue FBI Over Refusal To Release Information About Contractor Who Cracked iPhone For It
  3. The FBI sent a massive, unprecedented, troubling emergency alert about the New York bombing suspect
  4. CBP Fails to Meaningfully Address Risks of Gathering Social Media Handles (EFF)
  5. Op-ed: Why Obama should pardon Edward Snowden – A former Obama advisor on civil liberties says Snowden deserves one.
  6. The House Intelligence Committee’s Terrible, Horrible, Very Bad Snowden Report
  7. House Intel Committee Says Snowden’s Not A Whistleblower, ‘Cause He Once Emailed His Boss’s Boss
  8. House Intelligence Committee’s List Of ‘Snowden’s Lies’ Almost Entirely False
  9. Senator John McCain Uses Cybersecurity Hearing To Try To Shame Twitter For Not Selling Data To The CIA
  10. ‘It Looks Like You’re Trying To Harvest Cell Phone Data…:’ Quick-Start Guides For IMSI Catchers Leaked
  11. Inspector General Says FBI Probably Shouldn’t Impersonate Journalists; FBI Says It Would Rather Impersonate Companies Anyway
  12. Accused UK hacker to be extradited to the US to face charges: Judge finds that “vulnerable” Lauri Love should stand trial in the US.
  13. Alibaba fires employees for hacking their way to free mooncakes: Hundreds of holiday cakes were purloined through weakness in internal website.
  14. Brazilian Court Agrees Wikipedia Can Use Publicly-Available Personal Information For An Article
  15. Is Privacy Policy Language Irrelevant To Consumers? (Lior Jacob Strahilevitz & Matthew B. Kugler)

jon

News of the Week; September 14, 2016

GAMES

  1. Plumb disappointing: 9th Circuit reinstates 2D-to-3D copyright claim: Direct Technologies, LLC v. Electronic Arts, Inc., Nos. 14-56266/14-56745 (9th Cir. Sept. 6, 2016) (Rebecca Tushnet)
  2. Sony nixes mod support on PS4: Bethesda says platform holder “will not approve user mods the way they should work” for Skyrim or Fallout 4
  3. Bethesda Blames Sony as PS4’s Fallout 4, Skyrim Mods Put on Hold: Bethesda points its finger at Sony.
  4. Fallout 4 mods won’t come to PS4, Bethesda blames Sony: Says same limitation will also come to upcoming Skyrim Special Edition release.
  5. Sega Takes Potshots At DMCA-Happy Nintendo While Being Cool About Fan Games
  6. PS4 Pro: “This could be the final nail in the coffin for Xbox One” – analyst
  7. Andrew House: PS4’s main competitor isn’t the Xbox, it’s the PC
  8. ‘Hide It Hillary’ mobile app game banned by Apple; titles like ‘Punch Trump’ approved
  9. Trump’s Campaign CEO’s Little Known World of Warcraft Career
  10. Nintendo DMCAs Fan-Game ‘No Mario’s Sky’, Devs Rename It ‘DMCA Sky’
  11. Modders updated Tecmo Super Bowl with current NFL rosters and it’s amazing
  12. Seven major NA esports orgs band together to create owner-operated CS:GO league
  13. PEA is a new team-owned eSports league with an emphasis on profit-sharing
  14. ESL draws Staples Center owner deeper into eSports with a new alliance
  15. F2P Economics: Inflation and the Perpetual Revenue Machine
  16. IGDA survey underscores industry’s racial, gender disparities: Only 3% of non-white developers hold senior management roles, and only 3% of women earn more than $150,000
  17. Pay gap looms large in IGDA diversity report
  18. Mobile Games Surge – Mobile Devices Now Most Popular Gaming Platform In Canada
  19. Report: Pokemon Go still #1 App Store earner despite 79% drop in paying players
  20. Pokémon Go update blocks jailbroken devices; workaround already found
  21. There is a formula to Pokemon Go’s Success, but it’s not AR
  22. Pokemon Go The Latest Tool For Russian Government To Silence Speakers It Doesn’t Like
  23. Battlefield 1 – When a game could change the perception of history
  24. Assassin’s Creed series has sold over 100M copies
  25. League of Legends pulling in over 100M monthly active users
  26. Mario’s team-up with Apple sends Nintendo stock soaring
  27. Bandai Namco targets Eastern growth with new Malaysia studio
  28. EA forms new division to house Bioware, Maxis, and more
  29. Lohan v. Take-Two Interactive Software Inc. and Gravano v. Take-Two Interactive Software Inc.
  30. Steam alters review system, irritates indies: Storefront only allows copies it sold to be used in aggregate review score, hiding opinions of scammers, crowdfunding backers, bundle purchasers, and more
  31. Valve tackles dodgy devs cheating Steam review scores: Now only players who bought games directly through Steam will affect review scores.
  32. Devs caught in the crossfire as Valve clamps down on Steam key abuse
  33. Inside Eve: Online’s propaganda machine—from Photoshop to DDoS: As the virtual war intensifies, so too do attacks on players in the real world.
  34. Oculus just bagged an Emmy for its animated VR short Henry
  35. The Past, Present And Future Of League Of Legends Studio Riot Games: The story of Riot Games is a list of things that shouldn’t have been possible.

DIGITAL

  1. University of Manitoba students receive ‘extortion’ letters over illegal downloads: School is fighting back, advising students they have the option to not respond
  2. Facebook’s Arbitrary Censors Strike Again; Ban Norwegian Newspaper From Posting Iconic Vietnam War Photo
  3. Censorship row: Facebook reinstates iconic “napalm girl” photo: Zuckerberg bends to pressure after Norway PM’s Facebook post is removed.
  4. Another Day, Another Problem With Facebook’s Random Decisions To Block Content
  5. Google Highlights DMCA Abuse in New Copyright Transparency Report
  6. Playboy wins copyright battle over web links to its images
  7. Another Day, Another Anomaly: Paramount Issues DMCA Takedown On Ubuntu Linux Torrent
  8. EU’s digital market rules land vowing free Wi-Fi, 5G tech, and copyright overhaul: 100Mbps broadband, fully deployed 5G, no more bottlenecks—Juncker hits the sweet notes.
  9. New EU rules promise 100Mbps broadband and free Wi-Fi for all: Controversial copyright reform package also unveiled along with new “YouTube rule.”
  10. EU Announces Absolutely Ridiculous Copyright Proposal That Will Chill Innovation, Harm Creativity
  11. EU copyright plans a big win for old media, but public concerns ignored – Op-ed: Even more copyright for publishers, but no freedom of panorama exception for you.
  12. Terrible Ruling: EU Decides That Mere Links Can Be Direct Infringement
  13. European Court Declares That Linking Can Infringe Copyright
  14. European Copyright Ruling Ushers in New Dark Era for Hyperlinks (EFF)
  15. This law made the internet—and now people are fighting to tear it down
  16. Avvo Wins First Amendment Fight, As Judge Compares It To Sports Illustrated
  17. Should Ballot Selfies Be Legal During Election 2016?
  18. Ninth Circuit Criticizes Attempts To Plead Around Section 230–Kimzey v. Yelp (Eric Goldman)
  19. Ted Cruz Still Blatantly Misrepresenting Internet Governance Transition
  20. Don’t use your Samsung Galaxy Note 7 on flights, US watchdog warns passengers: As Samsung issues an unprecedented recall of 2.5M phones, regulators take action.
  21. Construction worker sues Samsung after suffering burns from exploding phone: Man says he heard a “high-pitched whistling” before his Galaxy S7 Edge burned up.
  22. How to tell an explosive Galaxy Note 7 from a non-explosive one
  23. Won’t turn in your Note 7? Samsung will gimp your battery: Recall-averse Note 7 customers will have their batteries nuked via software update.
  24. Analog: The Last Defense Against DRM (EFF)
  25. Virtual Currencies: Court Rules that Selling Bitcoin Is Not Money Transmitting and Selling Bitcoin to Criminals Is Not a Crime
  26. New age advertorials: Best practices in native advertising
  27. Pewdiepie: “Youtube Doesn’t Care About Its Creators” – PewDiePie slams YouTube following the recent monetization controversy.
  28. On social anxiety in the age of social media
  29. Chess World Championships to Broadcast Live in 360 Video
  30. The Next Internet Is Gigabit Internet: While the speedy service has been around for a while, its high cost has placed it almost exclusively in the hands of big business and the wealthy technology elite. That’s about to change.
  31. Brain-sensing technology allows typing at 12 words per minute: Technology for reading signals directly from the brain developed by Stanford Bio-X scientists could provide a way for people with movement disorders to communicate.
  32. Ex-Apple engineer applies for Genius Bar job, never hears back, blames ageism: JK Scheinberg convinced Steve Jobs to switch to Intel, but Genius Bar didn’t want him.
  33. Snapchat Ad Revenue to Reach $1 Billion in 2017
  34. Gawker Media’s messy resurrection
  35. A Very Long Conversation With Univision’s Isaac Lee About Deleting Posts
  36. Deadspin Mocks New Owner Univision By Cleverly Reposting Deleted Mitch Williams Story As New Story About The Lawsuit
  37. Gab, the Alt-Right’s Very Own Twitter, Is The Ultimate Filter Bubble
  38. New York’s Wi-Fi hubs will shut down tablet web access after complaints of homeless users: ‘The kiosks were never intended for anyone’s extended, personal use’
  39. Oculus just bagged an Emmy for its animated VR short Henry
  40. Thoughts on the Third Circuit’s decryption and self-incrimination oral argument (Orin Kerr)
  41. The Evolution of Authorship: Work Made by Code (Annemarie Bridy)
  42. The Danger of Smart Communication Technology (Evan Selinger & Brett Frischmann)
  43. Artificial Intelligence and Life In 2030
  44. The Internet Should Be a Public Good: The Internet was built by public institutions — so why is it controlled by private corporations?

CREATIVITY

  1. “Kurt The Cyberguy Loses Publicity Rights Claims Against TV Station–Cyberguy v. KTLA
  2. Judge Rakoff, with Nod to Taylor Swift, Dismisses Copyright Claims Against Beyoncé’s “Lemonade”
  3. Court Says Too Bad to Bad Online Reviews 
  4. ‘No Artistic Merit’: Expert Witness Ends Belarus Photographer’s Copyright Battle
  5. The Copyright Office Acts As Hollywood’s Lobbying Arm… Because That’s Basically How It’s Been Designed
  6. Getty Images says photographer suing it for $1 billion gave up her right to complain
  7. Louis Vuitton — the big IP player that keeps on giving
  8. On Hip-Hop’s Intersection Of Colorism And Misogyny
  9. IPRexit. Intellectual Property after the EU Referendum (Guido Noto La Diega)

COMMUNICATIONS & BROADCASTING

  1. No Netflix Tax & No New Money: Reading Between the Lines of the Digital CanCon Consultation (Michael Geist)
  2. Same As It Ever Was: The Gap Between Public and “Stakeholder” Views on Canadian Content (Michael Geist)
  3. CRTC tries to get TV providers to play nice over ‘skinny TV’ packages
  4. FCC changes cable box rules to please industry, gets blowback anyway: Cable companies must build apps so customers don’t have to rent set-top boxes.
  5. FCC Unveils New Apps-Based Approach in Set-Top Box Proceeding
  6. Comcast Already Whining About New FCC Cable Box Plan, Despite It Being The Cable Industry’s Idea
  7. After Massive Cable Industry Lobbying And Disinformation Effort, The FCC Is Forced To Weaken Its Cable Box Reform Plan
  8. MPAA Freaks Out In Response To FCC’s Revised Set Top Box Plan
  9. Comcast to FCC: Your set-top box plan is illegal: Comcast also claims requirement to build apps “would stop the apps revolution.”
  10. Netflix Urges FCC To Crack Down On Broadband Usage Caps
  11. Netflix asks FCC to declare data caps “unreasonable”: FCC should use broadband deployment power to discourage data caps, Netflix says.
  12. Verizon exempts its own NFL video app from mobile data caps
  13. The Supreme Court of Canada Renders a Long Awaited Ruling regarding the Power to Situate Radiocommunication Antenna Systems
  14. AT&T changes mind about denying discounted service to poor people: AT&T pressured into honoring discounted Internet requirement throughout network.
  15. Gretchen Carlson’s settlement with Fox News shows the ‘Mad Men’ days are waning
  16. Ohio University to remove name of ‘Roger E. Ailes Newsroom’ at WOUB
  17. Cuba’s Telecom Monopoly Banning Text Messages Containing Words Like ‘Democracy’

SURVEILLANCE & PRIVACY

  1. Worldwide privacy class action against Facebook heads to EU’s highest court: After nuking Safe Harbour, Schrems may send yet more shock waves through online world.
  2. The “plain hearing” doctrine now dictates when cops must hang up on wiretaps: US appeals court decides “novel question” of electronic surveillance law.
  3. When an app tells companies you’re pregnant but not that you miscarried
  4. EU-Canada passenger data deal infringes privacy: EU adviser
  5. EU-Canada passenger data sharing deal could be illegal under European law: If CJEU agrees with advocate general’s opinion, impact will be huge for other PNR deals.
  6. Google Maps will finally show how much you’re speeding: Users report a speed limit sign is showing up in the bottom corner of Google Maps.
  7. Broadcasters warned against using children’s photographs from social media sites: Australian media regulator updates privacy guidelines and tells networks to tread cautiously even if parents have posted the images
  8. Conviction Overturned In Case Of Rutgers Student Whose Roommate Committed Suicide After Being Secretly Filmed
  9. Government use of surveillance devices must be restricted: privacy experts
  10. 6.6 million plaintext passwords exposed as site gets hacked to the bone: Next time a site wants your personal info, remember the ClixSense debacle.
  11. US athletes’ doping tests published by Russian hackers, agency says: Leak shows athletes tested positive for controlled drugs, but had exemptions.
  12. Cyber criminals recognize security weakness at LinkedIn, Facebook, and Twitter 
  13. Chrome is stepping up its war on the unencrypted web
  14. Colin Powell’s Email To Clinton About Personal Devices Shows Routing Around FOIA Is Business As Usual
  15. ACLU Launching Campaign To Have President Obama Pardon Snowden
  16. Snowden to President Obama: I deserve a pardon: “Things that may seem unlawful on a page… these were vital things.”
  17. Carl Malamud has Standards: For 25 years this man has been fighting to make public information public. Now he’s being sued for it.

jon

News of the Week; September 7, 2016

GAMES

  1. Lindsay Lohan Loses ‘Grand Theft Auto’ Lawsuit
  2. Lindsay Lohan sets lawyers on Grand Theft Auto 5 – Update: Judge dismisses Lohan’s case
  3. Sorry Lindsay Lohan, Grand Theft Auto Vis satirizing you, court rules: Satirical representation is protected under the Constitution, court says.
  4. Lindsay Lohan’s Grand Theft Auto lawsuit rules in Rockstar’s favour: Court considers GTA5 “a work of fiction and satire”.
  5. 500+ fan games on Game Jolt targeted by Nintendo DMCA takedown
  6. Nintendo cracks down on fan-made games: DMCA takedown notice prompts closure of more than 500 projects on GameJolt
  7. Nintendo’s DMCA-backed quest against online fan games: Takedown requests for 500 titles part of a new crackdown on IP infringement.
  8. Miyamoto: Mario is coming to mobile because that’s where people play games
  9. Sony nixes mod support on PS4: Bethesda says platform holder “will not approve user mods the way they should work” for Skyrim or Fallout 4
  10. Sony’s more powerful PS4 ‘Neo’ to debut in November as $400 PS4 Pro
  11. PS4 Pro: “This could be the final nail in the coffin for Xbox One” – analyst
  12. British Telecom is taking Valve to court over patent infringement
  13. How Licensing Laws are Threatening Your Video Games
  14. Steam Spy and the specter of game sales transparency
  15. Take-Two getting into VR: Despite previous skepticism of new tech, publisher plans to launch Carnival Games VR this year
  16. Survey: Over 20% of VR/AR devs are working on platform exclusives
  17. VR: Not all legal plain sailing ahead – Harbottle & Lewis explores the potential product liability and data protection issues that might emerge with the rise of virtual reality
  18. Oculus Warns Users Not to Use Note 7 in Gear VR Headset Amid Exploding Phone Recall
  19. Pokemon Go surpasses 500M downloads as it heads to Apple Watch
  20. Pokémon Go church stunt could mean hefty jail term for Russian blogger: 22-year-old accused of “insulting religious sensitivities,” faces five years behind bars.
  21. Second Pokémon Go Alliance Announced: SoftBank 
  22. Pokémon Go “a real game changer” for Sony’s mobile ambitions: CEO Kaz Hirai believes AR could “lift all boats” in the market for mobile games
  23. Pokémon, No! Practical Tips For Handling Latest Mobile Device Craze
  24. Perspective on knowledge: Pokémon GO is our future (David Weinberger)
  25. Eve Online Going Free-To-Play After 13 Years
  26. Video Games Allow Characters More Varied Sexual Identities
  27. Publisher BulkyPix is being liquidated, allegedly stiffing devs in the process
  28. Guillemot family to buy another 3.5% of Ubisoft: Purchase of a further 4 million shares will add protection against a possible Vivendi takeover
  29. Google Play opens up Early Access: Developers can now nominate their games to be included in early funding program
  30. Publishers for indies – are they useful anymore?
  31. Hey, Here’s an Idea: Maybe Stop Preordering Videogames
  32. What Is The Best Video Game Sport?
  33. Activision Blizzard hires Fox Sports exec as MLG CEO
  34. Counter-Strike’s second Eleague esports season kicks off on TBS and Twitch
  35. The once and future king of esports: He was one of the greatest esports stars of all time. And if you’re a a pro gamer, you’re living his legacy.
  36. Meet Dennis ‘Thresh’ Fong, the Original Pro Gamer: World’s first ‘Quake’ champ was recently inducted into the esports Hall of Fame
  37. Ed Smith And The Imagination Machine: The Untold Story Of A Black Video Game Pioneer – At APF in the 1970s, as the second-known African-American video game engineer, he helped create an industry.
  38. Report: China will have 465 million mobile players by the end of 2016
  39. Free-to-Play Isn’t a Special Case in Ethics

DIGITAL

  1. Warner Brothers reports own site as illegal: Film studio Warner Brothers has asked Google to remove its own website from search results, saying it violates copyright laws.
  2. Warner Bros. flags own site for piracy, orders Google to censor pages: Studio also wanted Amazon, Sky, and IMDb links nixed for allegedly breaking copyright law.
  3. Warner Bros. Issuing Takedowns For Its Own Site Is No Laughing Matter
  4. U Of M Forwards 8,000 Emails Regarding Illegal Downloads: Copyright office likens threatening notices to extortion
  5. Pirates Plunder 4K Hateful Eight, But Did They Crack DCP?
  6. Tim Cook, Apple Chief, Defends Tax Practices and Says Cash Will Return to U.S.
  7. Cook slams EU Apple tax case as “total political crap”—antitrust boss hits back: Commissioner Vestager says disputed figures in Apple ruling came from Apple.
  8. Rather Than Coming Up With Brand New Taxes For Tech Companies, The EU Just Issues A Massive Fine On Apple
  9. How Apple Helped Create Ireland’s Economies, Real And Fantastical
  10. Ireland to Appeal Tax Ruling in Apple Case
  11. Standing up to Apple
  12. Apple could bring home billions in taxes if US passes a tax holiday – Law prof: “For the most part, companies like Apple don’t need to repatriate money.”
  13. Unfortunate Expansion Of ‘Failure To Warn’ Exception To Section 230–Beckman v. Match (Eric Goldman)
  14. Austrian Courts Uphold Creative Commons License Terms — For Now
  15. Condé Nast Has Started Using IBM’s Watson to Find Influencers for Brands: Tapping into AI for recruitment 
  16. SpaceX Rocket Explosion Sets Back Facebook’s Internet Expansion in Africa
  17. Who controls the internet? Ted Cruz’s fantasy vs. the reality
  18. Trump Finally Says Something Coherent About ‘the Cyber’
  19. Google’s Clever Plan to Stop Aspiring ISIS Recruits
  20. Do memes violate copyright law?
  21. YouTubers are in uproar as they might lose money for swearing online
  22. YouTube ‘demonetization,’ explained for normal: The Great YouTube Ad Freakout Of Late August 2016, explained.
  23. Influencers weigh in on YouTube’s ‘censorship’ controversy
  24. Pewdiepie: “Youtube Doesn’t Care About Its Creators” – PewDiePie slams YouTube following the recent monetization controversy.
  25. ICG raises concerns over “de-monetisation” of YouTube content: YouTube guidelines, “could have the unintended consequence of discouraging creators from making edgy, interesting content”
  26. Defending Noncommercial Uses: Great Minds v Fedex Office
  27. Facebook Just Proved It Isn’t Hooli From Silicon Valley
  28. Judge tosses lawsuit over 1-star Yelp review for overfeeding pet fish: Fish owner – We have a right to express “opinions without the fear of a lawsuit.”
  29. Court Tosses Prestigious Pets’ $1 Million Defamation Suit Against Unhappy Customers
  30. Samsung will recall Galaxy Note 7 because of exploding batteries: Recall affects all 2.5 million units that have shipped so far.
  31. DRM: Still Hurting Paying Customers The Most
  32. Professor Eric Goldman Stops Writing At Forbes, In Part Because Of Its Stance On Ad Blocking
  33. This software will give movies and TV shows a diversity score
  34. The Untold Story Of Blackberry Hype: Five years after young people organized riots that shook the UK, a look at the Blackberry’s pivotal role in youth culture.
  35. Stupid Patent of the Month: Elsevier Patents Online Peer Review
  36. How Tech Giants Are Devising Real Ethics for Artificial Intelligence
  37. How algorithms rule our working lives: Employers are turning to mathematically modelled ways of sifting through job applications. Even when wrong, their verdicts seem beyond dispute – and they tend to punish the poor
  38. Homo Deus by Yuval Noah Harari review – how data will destroy human freedom: It’s a chilling prospect, but the AI we’ve created could transform human nature, argues this spellbinding new book by the author of Sapiens
  39. Bhutan’s Gross National Unhappiness: In The Wake Of The Country’s First Facebook Defamation Lawsuit, Fears Of Censorship Rise
  40. A livestream of a small town in Wyoming is bringing the internet together
  41. Engineering Humans with Contracts (Brett Frischmann & Evan Selinger)

CREATIVITY

  1. Dance Dance Revolution: Efforts to suppress political expression in Japan are meeting an unlikely foe: the flash mob.
  2. How White Kids Stole House Music from Black Aunties: It’s time for sonic reparations
  3. Melania Trump Sues Daily Mail & A Blogger Over Stories, Using Peter Thiel/Hulk Hogan’s Lawyer
  4. Melania Trump Lawsuit Is Not The ‘Next Gawker,’ It’s The Open Beta Of A Trump Presidency
  5. Man sues Detroit Tigers for using trademarked phrase ‘Welcome to the D’
  6. Motorcycle clubs fight to keep their trademark ‘colors’
  7. Creative Commons Wants To Step Into Lawsuit Over Definition Of ‘Noncommercial’ In A CC License
  8. Another 19th Century Moral Panic: Theater
  9. Mobile vs. Computer: Implications for News Audiences and Outlets
  10. Disney Debuts New ‘Star Wars’ Toys With Fan-Created Online Films
  11. U.S. Department of Justice Rejects Modification of Music Licensing Consent Decrees
  12. Friedman v. Live Nation Merchandise, Inc.
  13. Further Update on the Blacklock’s “Litany of Litigation” – First Trial Set For September 19, 2016 (Howard Knopf)
  14. How ‘Making A Murderer’ Fans Have Influenced The Search For Truth In The Teresa Halbach Murder
  15. The New Rules Of The Creative Economy
  16. Louis Vuitton can’t take a joke
  17. Louis Vuitton’s Inability To Take A Joke Opens Up A Chance To Fix Our Broken Trademark Laws
  18. Alabama Library Threatens Jail Time for Overdue Books
  19. Be a Winner: Complying with Canadian Contest Laws
  20. Why calling screentime ‘digital heroin’ is digital garbage: Inciting fear about the dangers of digital media is counter productive
  21. 40 Years Ago: George Harrison Found Guilty of ‘My Sweet Lord’ Plagiarism
  22. Hollywood Freaking Out That Europe Might Make It Marginally Easier For People To Legally Access Content
  23. Has Banksy’s true identity been discovered?
  24. The MacTaggart Lecture 2016: Shane Smith, Founder & CEO of Vice (Edinburgh International Television Festival)

COMMUNICATIONS & BROADCASTING

  1. Harassment finding against ex-CRTC commissioner nixed due to ‘witch hunt’: Federal Court ruling reproaches both investigator and chair of federal agency
  2. Federal court finds CRTC harassment investigation unfair
  3. Federal court rules former CRTC commissioner denied procedural fairness in harassment investigation
  4. The CRTC Wades into Quebec’s Internet Blocking Legislation – Does A Constitutional Collision Loom?
  5. CRTC defends the Internet, and the right to choose. Hurrah! (Timothy Denton)
  6. Anti-Robocall Statute Violates First Amendment–Gresham v. Rutledge
  7. Gretchen Carlson Settles With Fox — And We Are All Denied The Discovery We So Richly Deserve
  8. The Revenge of Roger’s Angels: How Fox News women took down the most powerful, and predatory, man in media.
  9. Fox News and Megyn Kelly find themselves in a book bind
  10. Media Matters declares another kind of war against Fox News
  11. Future of TV sports: Pay up or be blacked out
  12. iPlayer viewers must have TV licence but BBC can’t track online cheats: Web-based verification system to police licence fee dodgers won’t be used by BBC.
  13. CBS Announces New Ad-Free More-Expensive Streaming Service…That Includes Ads
  14. Tales from Comcast’s data cap nation: Can the meter be trusted? – “Our meter is perfect,” Comcast rep claims. It isn’t—and mistakes could cost you.
  15. Users Say Comcast Broadband Usage Meters Don’t Work, May Result in Hundreds Of Dollars Of Errant Charges
  16. What Net Neutrality? While The FCC Naps, AT&T Now Exempting DirecTV Content From Wireless Usage Caps
  17. Three’s ad-blocker plans challenged over net neutrality: A European Union agency has said that mobile network’s Three’s plans to offer ad-blockers would violate net neutrality.
  18. FCC Gives Up On Municipal Broadband Fight
  19. AT&T’s throttling victory may hinder FTC’s power to protect consumers: Ruling raises questions about FTC ability to regulate Google, Verizon.
  20. Contested FCC Media Ownership Order Leaves Rules Largely Unchanged
  21. Surprise! European Union Adopts Net Neutrality Guidelines That Don’t Suck
  22. AT&T, Poster Child For Government Favoritism, Mocks Google Fiber For Government Favoritism
  23. Blame Your Lousy Internet on Poles: The war over high-speed access is fought on 40-foot-high wooden sticks. (Susan Crawford)
  24. The Do-Not-Call List Has a Gaping Hole: Illegal robocalls that try to scam you out of money are flourishing. Can the phone companies figure out how to stop them?
  25. FCC Needs to Impose Strong Protections Around Stingray Use
  26. CRTC Settles Alleged CASL Violation — Messages Sent Without Consent

SURVEILLANCE & PRIVACY

  1. Amazon, Google, Apple… Fox News join Microsoft in US gag orders fight: Eclectic bunch support MS battle against US government’s secret requests for user data.
  2. The Man Who Lit The Dark Web: Data-mining tools are helping cops bust open online human trafficking
  3. ACLU Challenges Gag Orders Issued To Tech Companies By The DOJ
  4. Dropbox hackers stole e-mail addresses, hashed passwords from 68M accounts
  5. Hacker Guccifer, who exposed Clinton’s use of private e-mail, gets 52 months: Feds wanted harsh term to underscore that hacking is not “a crime to be celebrated.”
  6. Google can now peer inside your apps to get search results
  7. Golden State Warriors Android app constantly listens to nearby audio, fan says: Official app of the NBA’s Golden State Warriors is the subject of a federal lawsuit.
  8. New cloud attack takes full control of virtual machines with little effort: Existing crypto software “wholly unequipped” to counter Rowhammer attacks.
  9. Forget Software—Now Hackers Are Exploiting Physics
  10. Building a new Tor that can resist next-generation state surveillance
  11. Australian Government Using Data Retention Law To Seek Out Journalists’ Sources, Hunt Down Whistleblowers
  12. James Comey Claims He Wants An ‘Adult Conversation’ About Encryption; Apparently ‘Adults’ Ignore Experts
  13. New leaks prove it: the NSA is putting us all at risk to be hacked (Bruce Schneier)
  14. Spying Inc. (Danielle Keats Citron)

jon

News of the Week; August 31, 2016

GAMES

  1. New lawsuit targets Steam, alleges patent infringement
  2. Steam Targeted in Lawsuit for Alleged Patent Infringement
  3. Japanese truck driver playing Pokemon Go kills pedestrian: Popular game now detects speed increase, asks if player is driving, company says
  4. Pokemon Go Takes Distracted Driving to a Lethal Level
  5. French Education minister: Get rare Pokémon out of our schools – The minister is worried that “legendary” Pokemon could draw strangers.
  6. Belgians are hunting books, instead of Pokemon
  7. How long can we expect the Pokémon Go craze to last?: Data suggests game could retain tens of millions of players for a long while.
  8. Someone is porting Pokémon Go to the Dreamcast VMU: Also, did you know there’s a Dreamcast VMU homebrew scene?
  9. Use Agreements to Capture and Control IP like it’s a Pokémon
  10. Mobile has become an indie-hostile market: Sky-high barriers to entry have made mobile into a space no indie creator or small studio should even consider
  11. Japan twice as good as U.S. at monetizing mobile players
  12. Steam Spy opts to publicize game data despite dev takedown requests
  13. Steam Spy will now refuse all requests for removal of data: Techland prompted a change in policy – and a reversal of prior decisions – at Steam Spy
  14. Ubisoft is canning its F2PGhost Recon and Epic Lootgames
  15. “Where are all the women at?”: Farmville Tropic Escape lead Nicole Opas offers advice on recruiting women devs and appealing to an audience without insulting them
  16. Twitter Sued For Right of Publicity Violations Over Profile-Trading Game 
  17. Microsoft cancels free-to-play Halo Online
  18. Oculus Explains Why They Didn’t Launch Touch with the Rift 
  19. PlayStation VR Pre-Orders Had “Quickest Sellout in GameStop’s History”
  20. Blizzard Launches Facebook Streaming for Battle.net Games
  21. Overwatch and other Blizzard games can now stream natively to Facebook: Blizzard Streaming is part of a new client update
  22. Facebook has finally made its move against one of Amazon’s biggest properties
  23. GameStop hardware sales tumble after Neo, Scorpio announcements
  24. UKIE’s big UK game biz concern post-Brexit: Access to game dev talent
  25. Another Denuvo-protected game cracked just weeks after release: Quick Inside crack shows that industry’s best DRM is no longer safe.
  26. Remember When Cracking Groups Said Denuvo Would End Game Piracy? Yeah, Didn’t Happen
  27. Snapchat meets gaming: Gatorade launches in-app 8-bit Serena Williams tennis game
  28. Parents Didn’t Just Dislike Super Nintendo 25 Years Ago—They Thought It Was a Scam
  29. Esports Corruption: Gambling, Doping, and Global Governance (John Holden, Ryan Rodenberg & Anastasios Kaburakis)

DIGITAL

  1. Kim Dotcom wins right to live stream extradition court hearing: US authorities opposed the move, but New Zealand judge rules live broadcast can start on Wednesday, as internet entrepreneur battles online piracy charges
  2. On appeal in LA Times defacement case, lawyers say there was no “damage”: “For there to be CFAA Damage, there must be actual harm to a computer system.”
  3. Twitter, Google, Facebook “consciously failing” to police extremism, MPs claim: Committee alarmingly demands “terrestrial star wars”—says cops need “high-tech” hub.
  4. War of the World Wide Webs: D.C. Circuit Refuses Terror Victims’ Attempt to Seize Internet Domain Names 
  5. “We’re a tech company, we’re not a media company,” says Facebook founder: Social network giant under EU pressure for not editing hateful and illegal posts.
  6. Facebook is trying to get rid of bias in Trending news by getting rid of humans
  7. Facebook fires human editors, algorithm immediately posts fake news: Facebook makes its Trending feature fully automated, with mixed results.
  8. Did Facebook Defame Megyn Kelly?: Which is a different way of asking: Can a bot commit libel?
  9. Canada’s ad industry cracking down on paid endorsements on social media: Influencers who mention companies or products in posts must reveal if they’ve been paid starting in 2017
  10. Study shows YouTube and linear TV can find common ground
  11. WhatsApp does about face, will serve ads in Facebook-owned app: Nominal subscription fee was dropped in January of this year.
  12. Inside the bizarre French conspiracy theory that the viral ‘burkini’ photos were staged
  13. How Nextdoor reduced racist posts by 75%
  14. “Silicon Valley is hostile to diversity,” says Slack Director of Engineering Leslie Miley
  15. Peter Thiel Violates Core Principles of Silicon Valley
  16. It’s ‘digital heroin’: How screens turn kids into psychotic junkies
  17. Apple must pay Ireland $14.5 billion in taxes, rules European Commission: Lengthy probe concludes that Apple’s tax benefits are illegal.
  18. How Apple—and the Rest of Silicon Valley—Avoids the Tax Man
  19. EU Copyright Law Undermines Innovation and Creativity on the Internet. Mozilla is Fighting for Reform
  20. France Passes Copyright Law Demanding Royalties For Every Image Search Engines Index Online
  21. An Unfortunately Typical French Initiative (Plus Ca Change, Plus C’est La Même Chose)
  22. Is hosting providers’ safe harbour the real problem of copyright owners? A new article
  23. EU may require YouTube, DailyMotion to seek deals with music industry
  24. If You’re Angry About Twitter Banning Someone ‘Permanently’ For Sharing Olympics GIFs, Blame Copyright Law
  25. Handicapping The Olympic Committee’s Quest To Control Tweeting
  26. Appeals Court Tosses Search Warrant Used By Louisiana Sheriff In Attempt To Silence Critical Blogger
  27. Twitter Sued For Right of Publicity Violations Over Profile-Trading Game
  28. Selfies in voting booths: Depending on where you live, they may be illegal – A New Hampshire law says selfie ban is needed to curtail vote buying and coercion.
  29. Snapchat Announces Partnership With the NFL: Snapchat has announced a partnership with the National Football League to create sponsored Lenses that allow users to superimpose a helmet onto their heads while using the app.
  30. US unveils charges against KickassTorrents, names two more defendants: Admins gave users who uploaded up to 1,000 torrent files “Achievement” awards.
  31. Harvard Is Digitizing Nearly 40 Million Pages Of Case Law So You Can Access It Online And For Free
  32. People Were Stealing Music Long Before Millennials Ruined Everything With Internet Pirating
  33. Newspaper Archive Disappears From Google, Because Company Wants To Cash In
  34. Apple’s In-App Purchase Policy Should Put Customers First
  35. Silicon Valley vs. Hollywood: California bill targets publicizing actors’ birth dates
  36. What ALEXA & AI Means For The Future Of Commerce
  37. The Man Who Created LeapPad Wants To Turn Your Eyes into a Mouse
  38. Trading in stock of medical device paused after hackers team with short seller: St. Jude Medical declares claim of vulnerability “false and misleading.”
  39. Attack of the Killer Robots: Forget about drones, forget about dystopian sci-fi — a terrifying new generation of autonomous weapons is already here. Meet the small band of dedicated optimists battling nefarious governments and bureaucratic tedium to stop the proliferation of killer robots and, just maybe, save humanity from itself.
  40. The Hype—And Hope—Of Artificial Intelligence
  41. The world wide cage: Technology promised to set us free. Instead it has trained us to withdraw from the world into distraction and dependency
  42. Anarchy Has Ensued In Courts’ Handling Of Online Contract Formation (Round Up Post)
  43. Intellectual Property: Law & the Information Society – Cases & Materials: An Open Casebook: 3rd Edition 2016 (James Boyle & Jennifer Jenkins)
  44. Theoretical Inquiries in Law – Vol 17, No 2 (2016): The Constitution of Information: From Gutenberg to Snowden (The CEGLA Center for Interdisciplinary Research of the Law)

CREATIVITY

  1. China Advances Film Industry Law, Cracks Down on “Western Values”: Topics addressed in the draft of China’s film industry rulebook include market access for foreign movies, censorship and how to handle artists “tainted” by drug and prostitution scandals.
  2. Instagram model and makeup artist sues Richard Prince over copyright infringement: Part of the New Portraits series, the work at the centre of the case was shown—and sold—at Frieze New York last year
  3. Pharrell Williams, Robin Thicke and TI launch appeal against Blurred Lines verdict: Lawyers for the trio argue the judge was wrong to allow comparison of the recordings of the hit and Marvin Gaye’s Got to Give It Up
  4. “Blurred Lines” Appeal Gets Support From More Than 200 Musicians: An eclectic group of artists from R. Kelly to Hans Zimmer tell the 9th Circuit that the verdict, if allowed to stand, “is very dangerous to the music community.”
  5. Carrie Underwood, Brad Paisley Win Copyright Infringement Case: Songwriter accusing the country superstars of stealing “Remind Me” is defeated in court
  6. This Is What Happens When Courts Decide What Is and Isn’t Art: Cook County says rock, country, rap, and DJing aren’t “fine arts,” and they could collect some hefty taxes for it. But it’ll be an uphill battle against history, taste, and case law.
  7. Two Copyright Cases to Watch Raise Novel Legal Issues In Canada
  8. Beneath Louis Vuitton’s inability to take a joke, a serious First Amendment question
  9. Getty sued for US$1 billion after US$120 demand to photographer
  10. Honduran reporter convicted of criminal defamation
  11. Trader Joe’s vs. Pirate Joe’s: Appeals Court Revives Cross-Border Trademark Fight
  12. Letting It Go: The End Of Windowing (And What Comes Next) – There are few concepts more fundamental to the video media business than that of content “windowing” – yet even this strategy is crumbling under the pressures of digital distribution. How will rights owners maximize the value of their content in the post-window era? The answer depends on how badly you want it.
  13. Could This Be the Year Movies Stopped Mattering?
  14. The Alt-Right Has Its Own Comedy TV Show On A Time Warner Network: Adult Swim’s Million Dollar Extreme Presents: World Peace is identity content for trolls.
  15. ‘Captain America’ Writer Nick Spencer: Why I Turned Steve Rogers into a Supervillain
  16. Let’s Teach Textbooks A Lesson: The prices of college textbooks are absurd—to the point where authors have to defend their $300 books. But we could, thankfully, be turning a corner.
  17. Head Of Anti-Counterfeiting Lobbying Group Says He’s Going To Make Counterfeit Techdirt T-Shirts
  18. Were the First Artists Mostly Women?: Three-quarters of handprints in ancient cave art were left by women, study finds.
  19. European Copyright Leak Exposes Plans to Force the Internet to Subsidize Publishers (EFF)

COMMUNICATIONS & BROADCASTING

  1. Fox News petitions for darkness, secrecy in sexual-harassment case
  2. The Twilight of Fox News: As pay TV slowly declines, cable news faces a demographic cliff. And nobody has further to fall than the merchant of right-wing outrage.
  3. Net neutrality guidelines land in Europe, provide fuzzy rules on fast lanes: Open Internet activists hail the rest of the text a victory over telcos.
  4. Comcast/NBC Tone Deafness, Not ‘Millennials’ To Blame For Olympics Ratings Drop
  5. No, Bloomberg, the Olympics didn’t stumble because of Millennials. It stumbled because of NBC.
  6. AT&T explains why it sometimes delays Google Fiber access to poles: Google Fiber can’t always access AT&T utility poles despite US-wide agreement.
  7. AT&T doesn’t want to repay money it got from alleged overcharges
  8. AT&T’s common carrier status helps it defeat data throttling lawsuit: But AT&T could still face $100 million fine from FCC.
  9. AT&T Dodges FTC Throttling Lawsuit Using Title II Classification It Vehemently Opposed
  10. How Is This Not A Net Neutrality Violation, Sprint?
  11. FCC admits defeat in municipal broadband, won’t appeal court loss: Cities seeking to expand broadband could still appeal judges’ decision, though.
  12. Congressman to FCC: Fix phone network flaw that allows eavesdropping – SS7 weakness, leak of phone numbers could let hackers spy on “half of Congress.”
  13. The Future Of Media And Some Implications For Regulation

SURVEILLANCE & PRIVACY

  1. Facebook recommended that this psychiatrist’s patients friend each other
  2. WhatsApp’s Privacy Cred Just Took a Big Hit
  3. Privacy Groups File FTC Complaint Over Whatsapp Facebook Privacy ‘Bait And Switch’
  4. Why an NFL Superstar’s Lawsuit Against ESPN Represents a Threat for Media
  5. Court: Okay For Trial To Move Forward Against ESPN For Tweeting JPP’s Medical Chart
  6. Literal Fashion Police Arrest Hundreds Of WhatsApp And Instagram Users In Iran
  7. Canadian Law Enforcement Want Government To Force People To Turn Over Their Passwords
  8. Actively exploited iOS flaws that hijack iPhones patched by Apple: Jailbreak vulnerabilities allowed attackers to tap encrypted chat messages.
  9. The Million Dollar Dissident: NSO Group’s iPhone Zero-Days used against a UAE Human Rights Defender
  10. Hackers attack site of Ghostbusters star Leslie Jones, post racist abuse
  11. Blame Donald Trump and the internet for all those racist attacks on Leslie Jones
  12. Homeland Security investigating Leslie Jones website hack: The attack that saw the “Ghostbusters” star’s personal information leaked to the web is now under investigation by US authorities.
  13. Officials blame “sophisticated” Russian hackers for voter system attacks: FBI reportedly informed Arizona of possible Russian hack in June.
  14. Ashley Madison Investigation Findings Released by OPC
  15. The most absurd Internet privacy class-action settlement ever: Lawyers get millions. Consumers get nothing. E-mail snooping continues unabated.
  16. Is your employer watching you? Online profiling blurs the boundary of our public and private lives
  17. How Airbnb Kills Our Ideas of Privacy: To make its home-away-from-home vibe work, the online housing broker insists on a level of transparency from hosts and guests that creates a level of intimacy bordering on the unseemly.
  18. Hacker who stole 2.9 million credit card numbers is Russian lawmaker’s son: Roman Seleznev, aka “Track2,” was found guilty of 38 counts relating to fraud and theft.
  19. Differential Privacy is Vulnerable to Correlated Data — Introducing Dependent Differential Privacy
  20. DOJ lawyer who leaked Bush spy program is censured for ethics failure: Whistleblower thought program was “probably illegal as it was not court-supervised.”

jon

News of the Week; August 24, 2016

GAMES

  1. ‘NBA 2K’ Videogame Publisher Wants Judgment Allowing Use of Player Tattoos
  2. 6th Circuit rejects college players’ Lanham Act, ROP claims: Marshall v. ESPN, No. 15-5753 (6th Cir. August 17, 2016) (Rebecca Tushnet)
  3. Nintendo Shuts Down Fan Remake Of 25 Year Old Metroid 2 Game Because It Can’t Help Itself
  4. Nintendo nets $661 million from Seattle Mariners sale
  5. Stop Gaming the System, Gamers: Twitch Sues Over Fake Viewer Bots
  6. eSports and the UK Gambling Commission – First Impressions
  7. World’s first eSports gambling regulation proposed in UK (Jas Purewal)
  8. The International 2016: the greatest event not just in Dota 2 but in all of e-sports
  9. Friction between Riot and League of Legends team owners: Teams upset with big pre-tourney patches and limitations on revenue streams; Riot irked by teams investing in other eSports
  10. Property owners sue over Pokemon Go: Detroit-area couple says they don’t feel safe as players loiter, trespass, harass home owners near in-game hotspots
  11. Pokémon Go changes everything (and nothing) for AR/VR
  12. Vietnam bans Pokemon Go from government, defense sites
  13. Pokémon GO: An Indicator of Product Liability in the App Economy 
  14. 3DS Pokemon sales surge thanks to success of Pokemon Go
  15. Pokemon Go is losing millions of users, still has millions more
  16. Zenimax amends Oculus lawsuit to accuse John Carmack of theft
  17. ZeniMax raises the stakes in Oculus VR lawsuit: Amended complaint makes direct accusations against John Carmack, questions Luckey’s role in Rift’s creation
  18. ZeniMax claims the Oculus Rift was built on stolen technology: The messy legal battle over consumer VR
  19. Facing Down the Online Mob: As hype and expectations for major games spiral out of control, hate campaigns and death threats have become an occupational hazard for game creators
  20. Blizzard tests new means of encouraging sportsmanship in Overwatch players
  21. University funds efforts to build an archive of LGBTQ content in games
  22. Without Kojima, Metal Gear becomes a multiplayer zombie action game: Konami pivots with “an alternate timeline caused by unexplained wormholes.”
  23. Why I Watch People Play Videogames on the Internet
  24. Twitch acquiring Curse: Streaming site picks up multimedia and in-game chat and media company
  25. Twitch moves to purchase video game community Curse
  26. As ‘influencers’ rise, Peter Moore foresees a game industry without press conferences: “The medium is changing. Influencers, celebrities who aren’t the classic journalists are finding their own way. Our job is to put the games in their hands like we did last night.”
  27. Rocket League surpasses 20 million players
  28. Kabam: Look beyond whales, focus on your “regulars”
  29. Sony raising PS Plus price: Annual memberships for online play and free games program going up $10 in US, $20 in Canada next month
  30. Sony is bringing its PlayStation Now game streaming service to PC
  31. PS Now expands to PC: Sony streaming service adds a platform as company announces USB adaptor to connect DualShock 4 with PCs
  32. This is the last console generation – Greenberg
  33. Disney’s Many, Many Attempts At Figuring Out The Game Industry
  34. VR/AR to reach $162 billion in worldwide revenues by 2020 – IDC: Importantly, hardware accounts for half of the forecast and it includes applications for all industries, not just games
  35. HTC Vive drawing more interest than Oculus from devs – VRDC survey
  36. RPG, strategy are most lucrative mobile genres – SurveyMonkey: Other genres see more downloads, but downloads have become almost meaningless
  37. Digital sales up 10% year-over-year in July – Superdata
  38. Mario closes out Rio Olympics: Japanese prime minister dresses as Nintendo mascot for hand-off to promote 2020 Tokyo Olympics
  39. Satoru Iwata’s first Nintendo project found, preserved by historian
  40. A menace to society: the war on pinball in America

DIGITAL

  1. The Internet Rallies Against A Terrible Section 230 Ruling–Hassell v. Bird (Eric Goldman)
  2. Anti-Piracy Operations Are Fabricating Links To Non-Existent Torrents In DMCA Notices
  3. The Internet’s Safe Harbor Just Got a Little Less Safe
  4. Keeping the Internet Open (Vinton Cerf)
  5. You’ll Never Guess This One Crazy Thing Governs Online Speech – Hint: It’s not the First Amendment!
  6. Nice Officials Say They’ll Sue Internet Users Who Share Photos Of French Fashion Police Fining Women In Burkinis
  7. Of Copyright, Copyleft and the Unique Creative Commons Needs of PLEI
  8. This lawsuit could be the beginning of the end for DRM
  9. Dancing Baby May Be Headed To Supreme Court
  10. How the New York Public Library made ebooks open, and thus one trillion times better
  11. Anti-Google research group in Washington is funded by Oracle: At least 17 news articles have cited research by the “nonprofit watchdog group.”
  12. Oracle Says Google Didn’t Play Fair, Wants Third Trial (Oh Gd)
  13. Did The NY Times Give Up Its Journalism Standards The Second Facebook Threw A Few Million Its Way?
  14. WikiLeaks Has Morphed from Journalism Hotshot to Malware Hub: It’s alarmingly easy to visit WikiLeaks’ email database from Turkish political party AKP and come away infected with malicious code.
  15. Report: WikiLeaks published rape victims’ names, credit cards, medical data: “If the family of my wife saw this… that could destroy people.”
  16. Dear Internet: It’s Time to Fix This Mess You Made
  17. How Trolls Are Ruining the Internet: They’re turning the web into a cesspool of aggression and violence. What watching them is doing to the rest of us may be even worse
  18. Some questions for those who are cheering Gawker’s demise
  19. Peter Thiel Just Got His Wish: Gawker Is Shutting Down
  20. Did I Kill Gawker?: Or was it Nick Denton? Hulk Hogan? Peter Thiel? Or the internet?
  21. Would The English Rule Have Saved Gawker From Peter Thiel?
  22. Peter Thiel just backed a startup that helps you sue companies algorithmically
  23. Peter Thiel’s Lawyer Now Sending Questionable Defamation Threat Letters To Media On Behalf Of Melania Trump
  24. Lawyer Who Brought Down Gawker Threatens Media Outlets With Defamation Suits On Melania Trump’s Behalf
  25. How a GIF of Aly Raisman’s Floor Routine Got Me Permanently Banned From Twitter
  26. Donald Trump Says He’ll Turn Off The Internet For Terrorists
  27. Twitter says it shuttered 235k accounts linked to terrorism in 6 months: There is no “magic algorithm” for identifying extremist content, company says.
  28. Google loses appeal against Russia’s Android antitrust ruling
  29. Stealing bitcoins with badges: How Silk Road’s dirty cops got caught: Ross Ulbricht’s screwup led to DEA agent’s arrest, who revealed another rogue agent.
  30. India Criminalizes Merely Visiting A Copyright Infringing ‘Blocked’ Site
  31. Pakistan’s new cyber law hit by legal challenge just 1 day after it’s approved: Draconian rules will criminalise 1000s of innocent folk, warn digital rights’ groups.
  32. SightSound Versus Apple, and the Death Squad for Patents: We’re the guys who invented the download music store, showed it all to Steve, and got rolled by Apple
  33. Music Is Just 4.3% of YouTube Traffic, Research Shows
  34. One in Four Influencers Asked Not to Disclose Paid Promotion: SheSpeaks Survey Offers Inside Look at Brand Partnerships
  35. Kardashians accused of failing to disclose paid relationships in Instagram posts
  36. Twitter reportedly in talks with Apple to bring its app and NFL games to Apple TV
  37. Twitter Flirts With Possible Live Streaming Agreement With Apple TV After Landing Numerous Sports Streaming Rights
  38. Sling TV Launches New NFL Network And Red Zone Programming For Cord-Cutting Consumers
  39. Why Disney Is Buying Into Major League Baseball’s Digital Division
  40. The Next Big Thing in Video Streaming Is: NOT STREAMING – Downloading poised to become a staple of nearly all video services
  41. Mexican Government Officials Have Press Creds Withdrawn From Olympics Over Uploaded Cell Phone Footage
  42. The Creative Olympics: 8 Ways The Online Community Adapted To The Ban On GIFs
  43. The US will soon no longer control the internet’s domain name system
  44. Google is killing Chrome apps on Windows, Mac, and Linux: Chrome OS will remain supported “for the foreseeable future.”
  45. Google to punish sites that use intrusive pop-over ads: If ads interfere with the mobile experience, it’ll spell bad news for the site.
  46. How ticket-scalping bots steal all those ‘Hamilton’ seats you desperately wanted
  47. What’s to Prevent Someone From Ripping Off Your Crowdfunding Campaign? Not Much.
  48. News Sites Realizing That Relying On Facebook For Traffic Might Not Have Been Wise
  49. This temporary tattoo can control your smartphone
  50. How Digital Copyright Law Is Being Used to Run Roughshod Over Repairs
  51. A Survival Plan for the Wild Cyborg
  52. Your ‘Smart’ Power Outlets Are Now Botnets Thanks To The Internet Of Broken Things
  53. AI Is Here to Help You Write Emails People Will Actually Read
  54. Putting a computer in your brain is no longer science fiction
  55. Engineers Say If Automated Cars Experience ‘The Trolley Problem,’ They’ve Already Screwed Up
  56. Why Snapchat is hell for the brokenhearted
  57. McDonald’s recalls Happy Meal fitness trackers after they injure kids: Fast food company recalls millions of wristband toys amid reports of blistering.
  58. The new Streisand Effect: Barbra calls Tim Cook to change Siri’s pronunciation – The world works differently for the singer/songwriter than it does for you and me.
  59. Language necessarily contains human biases, and so will machines trained on language corpora (Arvind Narayanan)
  60. Computers and Robots Don’t Count: In copyright law, it’s all about people. (James Grimmelmann)

CREATIVITY

  1. College Athletes Lose Appeal Over Use of Their Images in Game Broadcasts
  2. Student Athletes Lose Sixth Circuit Appeal in Marshall v. ESPN
  3. Appeals Court Tosses Lawsuit Against Broadcasters For Violating Publicity Rights During Football Game Broadcasts
  4. Ha Ji Won Sues Cosmetics Company For Misappropriation Of Her Likeness
  5. Cookie crumbles: court refuses to dismiss (c) claim based on facts of plaintiff’s life –
  6. Eggleston v. Daniels, No. 15-11893, 2016 WL 4363013 (E.D. Mich. Aug. 16, 2016)(Rebecca Tushnet)
  7. Judge Rejects Fox’s Bid to Toss Ex-Felon’s ‘Empire’ Copyright Lawsuit: Sophia Eggleton will move forward in a claim that the character of “Cookie” Lyon is copied from her 2009 memoir ‘The Hidden Hand.’
  8. The “Ballers” In Your Court: Defending Copyrightable Expression 
  9. Demi Lovato Faces Copyright Lawsuit From Indie Stars Sleigh Bells
  10. Sleigh Bells Suing Demi Lovato for Copyright Infringement
  11. Appeals Court Reverses Live Nation Win in Run-D.M.C. Merchandise Suit
  12. ‘Blurred Lines’ Verdict Will Chill Music Creativity, 9th Circ. Told
  13. Everything Old Is New Again? Court Rules Remastering Resets Copyright
  14. Update to music remixing vs. remastering
  15. Recording Industry Whines That It’s Too Costly To Keep Copyright Terms At Life Plus 50, Instead Of Life Plus 70
  16. Woman Fills in Crossword Puzzle Artwork and Claims Copyright
  17. Banksy artwork removed from Cheltenham house
  18. Citigroup Gets First Loss In Trademark Suit Against AT&T For Saying ‘Thanks’
  19. “THANKYOU”—possibly the dumbest trademark dispute ever—has been dropped: Flap between Citigroup, AT&T was about how the companies said thanks to customers.
  20. MPAA loves fair use so much they don’t want to share it with the rest of the world
  21. Team GB warns Leave.EU over image use
  22. Motion to Stay Denied -Defamation Action and Trade-marks Act Claim Proceed in Parallel 
  23. Judge grants Happy Birthday lawyers $4.6M, citing “unusually positive results”
  24. This male comedian who’s harassed women online for years is finally suffering the consequences
  25. Cox Denies Liability for Pirating Subscribers, Appeals $25 Million Verdict
  26. Why Do Many Politicians Use Music Without Artist Consent
  27. A New Approach to Copyright Exceptions and Limitations
  28. The Surprising Partnerships that Rule Pop Culture
  29. Why Japan has more old-fashioned music stores than anywhere else in the world
  30. The London Omnibus And its Impact on U.S. Trademark Law
  31. The TPP’s Trademark Provisions: Expanding Power at the Potential Cost of Balance in the Marketplace
  32. Turkish Journalist Jailed for Terrorism Was Framed, Forensics Report Shows
  33. How Sam Phillips Invented the Sound of Rock and Roll: The unusual engineering behind a legendary sound.
  34. Academic clickbait: articles with positively-framed titles, interesting phrasing, and no wordplay get more attention online.
  35. Who Decides What Must Be on a Syllabus?: College of Charleston professor says he’s been forced out of a job for refusing to list learning outcomes to please an accreditor. He’s suing and says academic freedom is being violated.
  36. Amicus in LV v. My Other Bag (Rebecca Tushnet)
  37. Fashion’s Function in Intellectual Property Law (Christopher Buccafusco & Jeanne Fromer)
  38. The Moral Psychology of Copyright Infringement (Christopher Buccafusco & David Fagundes)
  39. Adler on Fair Use and the Future of Art
  40. Fair Use and the Future of Art (Amy Adler)
  41. Common Knowledge: Epistemology and the Beginnings of Copyright Law (Jonathan Enderle)
  42. Canada’s unofficial poet laureate is dying, but he gave one last concert before he goes

COMMUNICATIONS & BROADCASTING

  1. EFF accuses T-Mobile of violating net neutrality with throttled video
  2. T-Mobile, Sprint Tap Dance Over, Under, And Around Net Neutrality
  3. One More Time With Feeling: Net Neutrality Didn’t Hurt Broadband Investment In The Slightest
  4. Comcast’s $70 gigabit deal is shockingly difficult to sign up for: The Keyser Söze of Internet offers: Even some Comcast reps don’t know it exists.
  5. Andrea Tantaros of Fox News Claims Retaliation for Sex Harassment Complaints
  6. Another Lawsuit Against Fox News With Shocking Allegations
  7. Common Sense: Secrecy of Settlements at Fox News Hid Bad Behavior
  8. Report: Roger Ailes is advising Trump. Of course he is!
  9. What Are Donald Trump, Roger Ailes, and Steve Bannon Really Up To?
  10. Fox News host Bill O’Reilly tweets Olympic-caliber idiocy
  11. Fox News breached UK’s broadcasting rules on day of Brexit vote
  12. The Redstones’ war with Viacom ends: Philippe Dauman resigns, Tom Dooley elected new CEO
  13. Copyright Group, In Arguing Against FCC’s Set Top Box Proposal, Appears To Argue That VCRs & DVRs Are Also Illegal
  14. DirecTV Faces RICO Class Action For Bungling Business Installs, Then Demanding $15,000 For Theft Of Service
  15. AT&T eliminates $20 wireless plan, cuts data in half on $30 plan
  16. T-Mobile ends cheaper plans and imposes new limits on unlimited data: High-speed hotspot costs $15 more, HD video costs another $25.
  17. Verizon has a plan to make the Android bloatware problem worse
  18. Remember Claims That Cord Cutting Was On The Ropes? It’s Actually Worse Than Ever
  19. NBC’s $12 Billion Olympics Bet Stumbles, Thanks to Millennials
  20. Update: Pirate Radio 
  21. Pirated Satellite TV not “Data” Within Meaning of Policy ExclusionFCC Fines Non-Telecom Companies for Lapse in Compliance with Wireless Rules
  22. The Next Generation of Wireless — “5G” — Is All Hype.: 5G is just a marketing term. The connectivity we crave — cheap, fast, ubiquitous — won’t happen without more fiber in the ground. (Susan Crawford)

SURVEILLANCE & PRIVACY

  1. Canadian Court Says No Expectation Of Privacy In SMS Messages Residing On Someone Else’s Phone
  2. Court Says Man Can Sue Maker Of Web-Monitoring Software For Wiretap Act Violations
  3. Virgin releases CCTV images of Corbyn in spat over “ram-packed” trains claim: UK’s data watchdog is “making enquiries” about Virgin’s use of its CCTV footage.
  4. Virgin Berth
  5. Report: WikiLeaks published rape victims’ names, credit cards, medical data: “If the family of my wife saw this… that could destroy people.”
  6. Russia’s Hackathon Continues, Targeting The New York Times And Other News Agencies
  7. Secret Cameras Record Baltimore’s Every Move From Above: Since January, police have been testing an aerial surveillance system adapted from the surge in Iraq. And they neglected to tell the public.
  8. Persistent Surveillance Systems has been watching Baltimore for months: Police charity that normally funds sports team trophies instead helped airborne snooping.
  9. You’re Being Tracked (and Tracked and Tracked) on the Web
  10. The New Age of Surveillance
  11. The Detectives Who Never Forget A Face: London’s new squad of “super-recognizers” could inspire a revolution in policing.
  12. 98 personal data points that Facebook uses to target ads to you
  13. Judge: Texted ‘death scene’ pics of man shot by NM cop didn’t violate privacy rights
  14. A Playboy Playmate found this normal woman’s naked body gross. So she posted it online.
  15. Intimate Technology: the Battle for Our Body and Behaviour
  16. Think Tank Argues That Giving Up Privacy Is Good For The Poor
  17. Did The NSA Continue To Stay Silent On Zero-Day Vulnerabilities Even After Discovering It Had Been Hacked?
  18. What Exactly Are the NSA Hackers Trying to Accomplish?: This breach is very different from what we usually see.
  19. How the NSA snooped on encrypted Internet traffic for a decade: Exploit against Cisco’s PIX line of firewalls remotely extracted crypto keys.
  20. Pentagon Issues First Update To Domestic Surveillance Guidelines In 35 Years, Not All Of It Good
  21. Canadian cops want to know your passwords: Association of Chiefs of Police calls for legal measure to unlock digital evidence, citing encryption as a way to hide illicit activities
  22. Canadian Law Enforcement Admit — And Then Deny — They Own A Stingray Device
  23. Enigma Software Countersued For Waging A ‘Smear Campaign’ Against Site It Claimed Defamed It
  24. With Windows 10, Microsoft Blatantly Disregards User Choice and Privacy: A Deep Dive
  25. Can big data and AI fix our criminal-justice crisis?: Body cameras and complex algorithms have a lot of potential — and political baggage.
  26. Future of Privacy Forum Releases Best Practices for Consumer Wearables and Wellness Apps and Devices
  27. Shield laws and journalist’s privilege: The basics every reporter should know
  28. Friending the Privacy Regulators (William McGeveran)

jon