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News of the Week; September 9, 2015

GAMES

1. Arbitrator settles in favour of Marty O’Donnell in Bungie case

The Story Behind the Story (Tom Buscaglia)

2. Serious Games pulls controversial slave content from Steam

3. Report: Germany will get an uncensored version of ‘Fallout 4’

4. Beware of the ‘Metal Gear Solid 5: The Phantom Pain’ save corruption bug

5. Google will comply with censorship laws to get Play store into China, says report: Company left the country in 2010 over mixed censorship and security concerns.

6. Creator of ‘Hardest Super Mario World Level Ever’ Says Copyright Crackdown Gutted His YouTube Channel

7. TM/right of publicity mismatch claims another video game victim (Rebecca Tushnet)

8. Can Apple TV shake up living room gaming?

9. Harmonix raises $15 million from 14 undisclosed investors

10. Ubisoft will open a theme park in 2020

11. Peter Moore: Some of our most powerful franchises are overseen by women

12. How Microsoft enlisted a Native American tribe to design a Killer Instinct character

13. The downfall of Kinect: Why Microsoft gave up on its most promising product

14. Will the Video Game that Cures ADHD Ever See the Light of Day?

15. Using People’s Names And Likenesses In Video Games (Tony Basich)

16. The GTA 5 Wildlife Documentary Is Why Rockstar Was Smart To Embrace Fan Films

17. PewDiePie videos viewed over ten billion times

18. This Week in Video Game Criticism: From philosophy inPillars of Eternity to demystifying MOBAs

DIGITAL

1. Upcoming oral argument in US v. Microsoft: does a U.S. warrant apply to email stored on a foreign server?

US claim on the world’s servers at a crossroads: US wants warrant “to break down the doors of Microsoft’s Dublin facility.”

Apple and Other Tech Companies Tangle With U.S. Over Data Access

Apple Refused Court Order To Decrypt iMessages For DOJ; DOJ Debates What To Do

2. Delayed European Legal Opinion On Facebook NSA/PRISM Coming Later This Month

3. The Red Web: In Putin’s Russia, Internet watches you

4. How Colombia Built a Massive Surveillance ‘Shadow State’

5. Facebook sued for storing biometric face prints

6. That Facebook post you just liked is an ad—and you didn’t even realize it

7. When Big Data Becomes Bad Data: Corporations are increasingly relying on algorithms to make business decisions and that raises new legal questions.

8. YouTube dislikes for sale, DDoS-style

9. City Of Peoria Offers $125,000 Non-Apology To Owner Of Twitter Account That Parodied Its Mayor

10. Ashley Madison breach reveals the rise of the moralist hacker

11. Spotify has updated the language of its new privacy policy so that everyone understands it

12. Top 3 legal issues of 3D printing! 

13. Billie Holiday to return to New York stage — by hologram

14. Can You Really Be A Copyright Expert If You Think Copyright Should Last Forever?

15. Don’t Worry, Smart Machines Will Take Us With Them: Why human intelligence and AI will co-evolve.

16. TiVo’s new patent creed: Even Samsung’s cell phones infringe our DVR patents

17. Now Fitbit sues Jawbone over alleged patent infringement

18. Getty Images Goes Copyright Trolling After A Meme Penguin

19. Why Facebook’s $2 Billion Bet on Oculus Rift Might One Day Connect Everyone on Earth

20. Sending Vr Cameras Into Space Will Create A “Transformational Cultural Shift” For Humanity

21. No names attached: college students drive anonymous apps trend 

CREATIVITY

1. Getty Images Tries To Copyright Troll 2600 Magazine Over Content It Has No Copyright Over

2. Seven And Nine Call A Truce, Agree To Quit Copying Each Other’s Reality Shows

3. Sherlock Holmes case settles

4. Kimble v. Marvel: a cautionary tale for post-expiration royalties

jon

Class 1 – 9/9/15: “Introduction” & Megan Coyle

Thanks to Megan Coyle for attending. Video of the class and slides follow.

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jon

Badge Pathways

Here are two charts that serve as handy guides to deciphering the two separate badge trajectories embedded in the course website.

First comes the map for posting and commenting on the site. It is the same as that used last year, although the actual badges for this year have more sophisticated design elements, are colour coded and go from hexagon to “shield” 😉 …

Screen Shot 2015-09-09 at 8.43.04 PM

Next comes the badge map for the new “Quests” element of the course. It not only tracks the badges, but in so doing does a pretty good job of outlining the constituent elements of the Quests themselves:

Video Game Law Badge Pathway - Quest - New Page

jon

Class 1 Guest Speaker: Megan Coyle

Megan Coyle

Thanks to Megan Coyle, a former student in the course, for being our guest today and telling you a little bit about her experiences with Video Game Law and providing some meaningful advice on how to approach the experience.

Megan grew up on Mayne Island where she enjoyed mastering the first 3 Mario games on Nintendo, as well as such classics as DigDug, Elevator Action and Excite Bike which came on one of those almost certainly  modded and not sold in Canada “76 games in one” cartridges from Hong Kong. 

On a high school exchange to Japan she fell in love with arcades generally and Dance Dance Revolution in particular, following which she lived in whistler for a year without TV, computer, or phone, let alone any games.

Megan did her undergrad at UBC in Linguistics and worked at the Law School as an administrative assistant for 4 years before eventually being inspired to apply here as a student. She graduated last May, and is articling at DLA Piper where she also summered.

jon

Getting On-line with the VGL website

Here are the instructions for having full privileges on the Video Game Law website. Thanks to Richard Tape of the UBC Centre for Teaching, Learning & Technology for his constant stewardship and support of the technical aspects of this course (and for the basics of the instructions that follow):

1. Please create an account at https://cms.ubc.ca/ using your CWL.

2. Once you create an account and sign in at https://cms.ubc.ca/ you can click your name in the top right. Half way down the following page will be your WordPress email address.

3. Send me your WordPress email address at jfestinger@telus.net or at jon@fblawstrategy.com

4. Then, I will invite you to participate with authoring privileges via your WordPress email address.

If this process doesn’t work or if you don’t have time to fiddle with it, don’t fret. Richard will be joining us in next weeks class with the express purpose of trouble-shooting and getting everyone on-line. Please don’t forget to bring your laptop or “device”.

jon

Welcome to the 9th Cohort of Video Game Law

It was not intended to be such, but this mornings first class proved to be an real reminder of how far the course has come over the previous 8 iterations. That in itself is a testament to all the students, guests and supporters who have been so generous and kind. You can read about many of them here: http://videogame.law.ubc.ca/about/

jon

News of the Week; September 2, 2015

GAMES

1. Square Enix, SNK settle legal dispute

2. Convicted Murderer Says Video Games Made Killings Easier

3. Brad Bushman compares Virginia shooter’s horrific video to a ‘first-person shooter game’

4. Pokemon Company Hates Fun. Sues To End PAX Party

Pokémon’s copyright lawyers wipe out themed PAX pre-party: Prohibited party poster promoted Pikachu, protected Pokémon personality.

Pokémon party organizer: we’ve got no money and were sued without warning: “I just think it’s something that got blown super out of proportion.”

5. FTC slaps Machinima for deceptive Xbox One ad campaign

6. Online games site RockyFroggy reprimanded by ASA

7. Super Mario Maker pulls the curtain back on game design’s promise and peril

‘Super Mario Maker’ YouTube Videos Being Hit WIth Copyright Claims – From Playboy

Someone Built A Troll Level In Mario Maker, And Nintendo Actually Promoted It

8. Amazon Underground turns free-to-play into “actually free”

9. Americans spending more time than ever on smartphones, but gaming time is falling

10. Mortal Kombat X for Xbox 360/PlayStation 3 Canceled: Warner Bros. is “very sorry” for not being able to launch the last-generation edition.

11. Chinese mobile market will rise 66 per cent in 2015

12. 46% of US social casino gamers spend money – Newzoo

13. The Full Counter-Argument To Game Studios Claiming A Need For DRM: The Witcher 3

14. Play it straight and they’re still irate: reporting on a hostile controversy

15. Shady government dealings alleged to have led to 38 Studios deal

16. Why the new Apple TV will kill your Xbox or Playstation

17. 881 E.T. cartridges buried in New Mexico desert sell for $107,930.15

18. Hearthstone exhibited as modern art at the V&A Museum in London

19. Compasso – Journal of Comparative Research in Anthropology and Sociology: Special Issue – Video games and insightful gameplay

DIGITAL

1. U.S. court hands win to NSA over metadata collection

Appeals court overturns judge who would have stopped NSA data collection: Bulk spying? That’s a thing? DC Circuit judges are America’s last skeptics.

2. Iranian Phishing (Bruce Schneier)

3. Hashtags Are Not Trademarks—Eksouzian v. Albanese 

4. Gmail Terms of Service Apply to reCAPTCHA During Account Formation–Rojas-Lozano v. Google

5. Google Books Defeats Copyright Lawsuit Using 512(c)–Avdeef v. Google

6. Federal Court Conditionally Certifies Privacy Breach Class Action

7. Sony Pictures, Which Hyped Up ‘Harm’ Of Hack, Now Tells Court No Harm Done To Employees

8. Popcorn Time lawsuits continue as 16 are sued for watching Survivor

9. Apple v. Samsung is headed towards an incredible fourth jury trial: Damages on disputed features like “pinch to zoom” will be re-calculated. Again.

10. Machinima Agrees To 20-Year FTC Oversight In Settlement Over Deceptive Practices

11. No bail for pair accused of threat at Boston Pokemon tournament: “This wasn’t just kid talk on the computer,” Judge says.

12. Universal Music Has No Sense Of Humor, Takes Down Hilarious Twitter Profile Pun Parody Of Nirvana Song

13. Users of Lizard Squad’s DDoS attack tool arrested in UK

Six UK teens arrested for being “customers” of Lizard Squad’s DDoS service: Amazon, Microsoft, and Sony were targets; service is almost ready to re-open for business.

14. Facebook must obey local censorship laws, says Germany’s justice minister: How can multiple sets of local requirements by satisfied by global Internet services?

15. Facebook introduces new tools to crack down on video copyright violations

16. As India Goes After Google, A Simple Question: Do You Really Want Governments Deciding Search Results?

17. Associated Press sues FBI over fake news story

AP Sues FBI Over Impersonating An AP Reporter With A Fake AP Story

18. Fake EFF site serving espionage malware was likely active for 3+ weeks: No, electronicfrontierfoundation.org is not the EFF site you’re looking for.

19. Jury convicts man who tried to buy ricin on Darknet marketplace: FBI created a shady seller account on Evolution, then arrested a customer.

20. Ashley Madison abusing DMCA “to put genie back in the bottle,” EFF says

CEO of Ashley Madison parent company quits

21. Microsoft accused of adding Windows 10’s spy features to Windows 7 and 8

22. Wikipedia blocks hundreds of linked accounts for suspect editing: Accounts were engaged in undisclosed paid advocacy in violation of use terms.

23. Websites, apps often fail to protect children’s privacy, probe finds

24. The right to be forgotten: Privacy or censorship?

25. T-Mobile promises to “eliminate” customers who abuse unlimited data

26. Researchers built a robot that can paint as well as Vincent Van Gogh

27. How Social Media Is Ruining Politics: It is turning out to be more encompassing and controlling, more totalizing, than earlier media ever was.

28. Nielsen is scanning 1,000 Netflix shows to break the streaming “black box”

29. European publishers’ key aim: Limit Google’s power as an advertising platform 

30. Steve Ballmer Shrugs Off $60 Million TV Offer For Clippers Games, Considers Streaming Instead

31. Is a Cambrian Explosion Coming for Robotics? 

CREATIVITY

1. Canadian Music Industry Hit With Competition Complaint Over Public Domain Recordings (Michael Geist)

2. Canadian Scientist Muzzled For Writing And Performing Song About Canadian Government Muzzling Scientists

3. Official Portrait For Pope’s US Visit… Being Investigated For Copyright Infringement

4. NYPD Asks Disney, Marvel To Abuse IP Law To Help Rid Times Square Of Spiderman, Mickey Mouse

jon

News of the Week; August 26, 2015

GAMES

1. APA Says Video Games Make You Violent, but Critics Cry Bias

200-Plus Scholars Speak Out Against American Psychological Association’s Violence/Gaming Study

2. Party foul: Game of War studio sues rival Kabam after friendly soirée banter got out of control

3. Derek Smart Threatens To Sue Star Citizen Developers Unless They Meet His Demands

4. Machine Zone sues Kabam over trade secrets

Another day, another trade secrets leak for Machine Zone

5. Pair arrested at Pokemon World Championship after death threats

6. ‘Toxic’ League of Legends players won’t get rewards from Riot

7. EverQuest II is getting a ‘prison server’ for bad-behaved players

8. Moshi Monsters, Bin Weevils slapped by ad watchdog

9. UK video content creators get new guidelines on advertorial content

10. RI Watchdog groups call for independent investigation in 38 Studios loan deal

11. Rovio lays off 260 employees

12. Konami to close 31 premium mobile games in Japan

13. Mobile players only spend in an average of 1.6 games – NPD

14. Nintendo is once again open to movies based on its games

15. Google squares off against Twitch tomorrow by launching YouTube Gaming

16. Investors go wild for new funding platform Fig

Equity crowdfunding is a wolf in sheep’s clothing

Counterpoint: In Defense of Equity Crowdfunding and the “Professional Investor”

17. Analysts suspect Nintendo has shelved Quality of Life

18. Games After Gamergate 

DIGITAL

1. UK surveillance “worse than 1984,” says new UN privacy chief: World needs a “Geneva convention” for the Internet to safeguard personal data.

2. Ashley Madison faces proposed class-action suit over half-deleted data

Lawyers smell blood in wake of Ashley Madison hack

3. Keyword advertising not passing off: Vancouver Community College v. Vancouver Career College

4. FTC can sue companies with poor information security, appeals court says

5. GitHub attacked again as Chinese developers forced by police to pull code: GitHub tools to circumvent “Great Firewall” targeted by Chinese law enforcement.

6. Google ordered to remove links to stories about Google removing links to stories

7. As Part Of Its War On Encryption, Russia Briefly Blocks All Of Wikipedia Over One Weed Reference

8. Latest TVEyes Ruling A Mixed Bag: Archiving & Sharing Privately Is Fair Use; Downloading & Sharing Publicly Is Not

9. Did Kaspersky Fake Malware?

10. The Advertising Value of Intrusive Tracking

11. Netflix escapes liability under the Video Privacy Protection Act 

12. U.S. postpones plan to transfer Internet governance

13. There’s not much you can do about Spotify’s new privacy policy

14. Twitter yanks murder video posted by killer of VA journalists

15. Google Disappears Techdirt Article About Right To Be Forgotten Due To Right To Be Forgotten Request

16. Will Hollywood’s Whining Thwart Better TPP Copyright Rules? (EFF)

17. Yelp reviewers are not “employees” 

18. The Rhetoric Of The Right To Be Forgotten

19. Artificial Intelligence, Legal Responsibility And Civil Rights

20. TV Channel Guide from the Future

CREATIVITY

1. Supermarket chain must pay Michael Jordan $8.9 million for use of name

2. Graffiti Artist Sues Moschino for Copyright Infringement

3. A chicken sandwich cannot be copyrighted, court rules

4. Sixth Circuit gives copyright protection to cheerleading uniforms

5. Court dismisses city’s copyright claim against critic for using council meeting clips in YouTube videos

jon

News of Week; August 19, 2015

GAMES

1. Scholars are (still) calling on APA to stop linking violent games to aggression

ESRB has no plans to change ratings system after APA report

Researcher Chris Ferguson takes aim at APA study in Sky News interview

2. Duke Nukem Lawsuit Ends, Gearbox Emerges as “Full and Rightful” Owner: The Borderlands developer settles its lawsuit with 3D Realms and Interceptor Entertainment.

3. Is it just a game mod, or is it “facilitating piracy”?: The legal, technical, and ethical issues behind GTA V’s FiveM mod.

4. Fan-created ‘Resident Evil 2’ remake project shut down

5. Microsoft EULA lets it disable pirated games

6. SPJ AirPlay event evacuated after multiple bomb threats

7. Nintendo allegedly fires employee for revealing game localisation secrets

Nintendo fires employee over podcast appearance

8. King revenues, profits shrinking

9.Hearthstone on Phones is Costing Blizzard Millions of Dollars

10. Amazon halts game trade-ins in UK, Germany

11. German stock exchange operator digs into virtual item trading: Swapster is a new 100% legal trading platform powered by Deutsche Börse

12. EA exec says complaints about “on-disc DLC” are “nonsense”

13. Microsoft EULA lets it disable pirated games

14. Dead Realm Publisher Flouts FTC Disclosure Guidelines

Dead Realm publisher disregards FTC disclosure guidelines for YouTubers

15. New crowdfunding site lets backers share in eventual game profits: Fig wants backers to truly invest in its small, curated set of projects.

Former Double Fine COO launches new funding platform

16. Del Toro: “If I join another video game, World War III will start”

17. ‘Hitman: Agent 47’ Producer Predicts New Era In Video Game Film Adaptations

18. Survey says video games and technology are an integral part of teen friendships

19. Students dig deep into soil science with mobile game

DIGITAL

1. Second Circuit Enforces Terms Hyperlinked In Confirmation Email–Starkey v. G Adventures

2. Yes, The Appeals Court Got Basically Everything Wrong In Deciding API’s Are Covered By Copyright

3. Lawsuit over two-word tweet—“actually yes”—can move ahead, judge finds

4. Even FDA is keeping up with the Kardashians

5. Why patent trolls go to East Texas, explained

6. Manufacturer warned by FDA for Kardashian Instagram post about morning sickness drug 

7. Twitter, the DMCA and Copyright in the Age of Sharing

8. Ashley Madison Sent Me a DMCA Request for Tweeting 2 Cells of a Spreadsheet

Ashley Madison Still Trying To Abuse The DMCA To Hide Leak

9. Inside Amazon: Wrestling Big Ideas in a Bruising Workplace

CEO Bezos says harsh NYT piece “doesn’t describe the Amazon I know”: Urges Amazon employees to report “soulless, dystopian” conditions directly to him.

10. What I Learned When I Lost My Internship at Facebook: I published code that showed the company had a privacy problem. Then my summer got turned upside down

11. The New Cold War Is Going Digital

12. We need to engineer the racism out of apps

13. The Creative Apocalypse That Wasn’t: In the digital economy, it was supposed to be impossible to make money by making art. Instead, creative careers are thriving — but in complicated and unexpected ways. 

CREATIVITY

1. LMFAO, The Band, Sends Cease And Desist Over LMFAO, The Beer

2. Paramount Pictures Goes After The Codfather Fish Shop Over A Fish That Looks Like Marlon Brando

3. Cancellation proceedings against a registered Canadian trademark: when can “special circumstances” justify non-use?

4. Creators, Innovators, and Appropriation Mechanisms

5. The Emotions That Make Us More Creative

jon

News of the Week; August 12, 2015

GAMES

1. Nintendo chalks up two more patent victories: Company advocates patent reform, says it won’t settle just to avoid court costs

2. Zenimax lawsuit against Oculus will proceed to trial

3. More settlements in Rhode Island’s 38 Studios court case

4. Steam offers full, unconditional refunds for ‘Journey of the Light’

5. Chicago Blackhawks Right Wing Patrick Kane removed from ‘NHL 16’ cover

6. Shots fired: video game argument ends in gunplay for two Columbus gamers

7. Kings of Poverty: Super Arcade and the Fighting Game Community vs. the City of Azusa

8. Cheating at Candy Crush Saga

9. ESL details new drug testing policies

No more high scores: ESL bans pot use during e-sports tournaments – Players can still get high before and after the event, though.

10. Donald Trump’s disdain for video games

11. Angry Birds 2 hits 20 million downloads in week one

12. Hearthstone makes $20m a month – SuperData

13. Blizzard registers trademark for Compete eSports service

14. After subscriptions plummet to 2005 levels,WoW announces sixth expansion: Will Legion’s level-cap bump, new Demon Hunter class stop the bleeding?

15. Core console software sales are higher than ever – EEDAR

16. Gamescom sets attendance record

17. Challenge accepted: interviewing an Internet #hashtag

18. Konami sees profit growth of 160%

19. Konami’s draconian workplace raises no eyebrows in Japan

20. USC initiative to turn student devs into pros

21. How the TV show in Xbox One exclusive ‘Quantum Break’ works

22. SURPRISE: Online Gaming Builds Stronger Connections Between Friends

23. Living Room Wars: Remediation,Boardgames,and theEarly History of Video Wargaming (Sebastian Deterding)

24. Game Studies: The International Journal of Computer Game Research; Volume 15, Issue 1, July 2015)

DIGITAL

1. Summer Of The 4th Amendment: Appeals Court Says Mobile Phone Location Is Protected Under 4th Amendment

2. Federal court certifies action for “publicity given to private life”

3. Why Canada’s Net Neutrality Enforcement is Going at Half-Throttle (Michael Geist)

4. Google’s $6 Billion Miscalculation on the EU: Why the search leader’s antitrust deal fell apart

5. Google And EU Wrangle Over ‘Right To Be Forgotten’ Law Global Implementation

Europe’s Latest Export: Internet Censorship: If French regulators have their way, the ‘right to be forgotten’ will go global, stifling speech.

6. Even when told not to, Windows 10 just can’t stop talking to Microsoft: It’s no wonder that privacy activists are up in arms.

7. News Corp. Makes Copyright Claim Over News Corp’s Live Video Stream Of The GOP Debate

8. Eat, Pray, Post: How virality is westernizing the entire world

9. The Future of Morality, at Every Internet User’s Fingertips: How much is your attention on the Internet really worth?

10. Once Again The Economist Thinks Patents Are Hindering Innovation And Need Reform

11. It’s Operating Systems Vs. Messaging Apps In The Battle For Tech’s Next Frontier

12. Did Virtual Reality Just Have Its Google Glass “Shower” Moment?

Time rolls out all the stereotypical nerd tropes for VR cover

Oculus Rift creator: ‘I love the cover’

13. Unreal: Virtual reality is changing how college football teams train, recruit

14. What Happens When Spotify Gets Behind an Artist? A Case Study of Hozier and Major Lazer

15. Pixar will make USD software open source in 2016

16. Tinder and the Dawn of the “Dating Apocalypse”

17. Smartwatches Decimated Traditional Watch Sales Last Month

18. 10 Former Internet Trolls Explain Why They Quit Being Jerks

19. The ethics of modern web ad-blocking

CREATIVITY

1. Goodfellas’ actor’s $250m ‘Simpsons’ image rights claim shot down

2. TPP Leaks Reveal Blows to Creative Freedom: Filmmaker – Brett Gaylor says secret trade deal would make documentaries like his illegal.

3. Is Buck Rogers in the public domain? New movie hangs in the balance: Filmmaker says character fell out of copyright. Rightsholders say “pay up.”

4. Shakira’s hit song ‘Loca’ not plagiarism, U.S. judge rules

5. Michael Eisner: Creativity doesn’t have to be expensive

6. That’s Not Funny!: Today’s college students can’t seem to take a joke.

The Coddling of the American Mind: In the name of emotional well-being, college students are increasingly demanding protection from words and ideas they don’t like. Here’s why that’s disastrous for education—and mental health.

7. Madeleine L’Engle on Creativity, Hope, Getting Unstuck, and How Studying Science Enriches Art

jon