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Are Let’s Play Videos Illegal? | Game/Show | PBS Digital Studios – YouTube

 

Are Let’s Play Videos Illegal? | Game/Show | PBS Digital Studios – YouTube.

Doesn’t get any more self-explanatory as a subject. No easy answers yet – but would make for a wonderful fair dealing/use test case.

jon

Au Revoir Cohort 8 of Video Game Law

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“I have learned much from my teachers, more from my peers, but most from my students…”

Papers graded, marks in. It’s time to say don’t be a stranger. But more than that it’s time to thank  everyone in the eighth cohort of Video Game Law for your focus during class, your contributions between classes to the website, and the creative efforts represented by your research papers.

In my  “welcome” post on September 2, 2014 (http://videogame.law.ubc.ca/2014/09/02/welcome-to-the-8th-cohort-of-video-game-law-ubc/) I asked “So what will be this years emergent themes? Impossible to know sitting here the night before class starts. All we can know is that in a year where the new generation of consoles find their feet, where the demographics of gamers has changed forever thanks to mobile devices, and where Facebook pays $2 Billion U.S. to purchase Oculus Rift, somethings gotta give…”

Looking back over the semester three emergent themes stood out for me:

1. #Gamergate was huge of course. For some in the public debate there seemed to be much confusion, as if magic circle concepts that might protect certain aspects of gameplay in limited circumstances, might apply to prevent legal and ethical culpability for direct intimidation, bullying and threats against Anita Sarkeesian, Zoe Quinn (and others). Thanks to the impact of  first year law school, there seemed little doubt in anyones mind that we all live in one big world, of which the “virtual world” is but a part, and that the criminal law has jurisdiction over all of it. Of course at this point we don’t know the outcome of the ongoing criminal investigations – so that may provide fodder for next years class.

2. Introducing a post-structuralist analysis of video-games and finding that it fit rather well was the surprise of the semester. Most significantly having a coherent theory of how video-games really function in society has some practical benefits. It provided wonderful touchpoints with which to analyze whether the layers of legal and normative constraints applying to games makes sense or not. It was extremely gratifying to realize how many times these ideas showed up in posts, emails and even quite a few final papers. Trying to really understand the writings of Jacques Derrida remains for me an enigma wrapped in a riddle – making it all the more fun. There is indeed a lot of “play” in that system  (pretty pathetic when I’m trying to make post-structuralist inside jokes isn’t it?  😉

3. Our Oculus Rift class demonstrated that virtual reality has the potential to powerful and go far beyond games, and could have real uses in education. My thought going in was that the limitations of the technology would become obvious and we might  be reminded that oftentimes things are over-hyped. That was decidedly not the case in our classroom experiment. Once again games are the bleeding edge of technology that eventually moves to broader pastures. This has happened before. Think “voice over IP” as an example, though there are many others.

Now that this edition of the course is done there are a lot of games to go through before the 9th cohort arrives. The picture at the top of this post represents “research” to be done…

Thanks again for a truly great semester.

jon

 

News of the Week; January 7, 2015

GAMES

1. EA Loses Appeal in Madden NFL 09 Lawsuit

Lawsuit Over Use Of Former NFL Players’ Likeness In Madden Moves Forward

2. Video Game Club 2014 – Entry 6: I’m no longer interested in worrying about whether other gamers think I’m sufficiently hardcore.

3. How imageboard culture shaped Gamergate: That tell-tale wedding of relentless hostility and ethical affectation is a peculiar youth subculture spilling out into the open web. Get ready for more of it.

4. 8chan user offers to “swat” GamerGate critic, cops sent to an old address: Post offers to swat forum-selected target; 20 police officers show up around midnight.

5. Video games and gun violence: A year after Sandy Hook

6. Racing video games may influence later behavior

7. Why PSN went down: Lizard Squad’s capabilities ‘far exceed typical DDoS groups’

Sony Offers Five Free Days of PlayStation Plus for PSN Christmas Outages

8. Dreaming Of Video Games – Researchers Investigate How Playing Games Affects The Sleeping Mind

9. PC Gamers Pick Their Top 10 Mods of 2014

10. Gaze Into The Future: Analyst Predictions for 2015

11. Over 2,300 MS-DOS games now completely free to play at Internet Archive

12. 18.5m PlayStation 4 units sold

DIGITAL

13. Sony Uses CES Keynote to Condemn Hackers

FBI: North Korea “got sloppy” with IP addresses in Sony hack

Sony hacking leads to U.S. sanctions against North Korea: Cites ‘provocations’ and threats against movie theatres

14. Canadian ISPs And VPNs Now Have To Alert Pirating Customers

15. Canadian Anti-Piracy Company Caught Using Unattributed And Paywalled Articles To Fill Its Blog

16. Google handled 345 million copyright takedowns in 2014: It’s a 75% year-over-year jump, and exponentially more than a few years ago.

17. Canadians That Access U.S. Netflix May Be in a Legal Grey Zone, But They Are Not Stealing (Michael Geist)

18. Top 10 Fair Use Cases of 2014

19. Bound by Law?: Free Comic Book Explains How Copyright Complicates Art

20. All Of These Works Should Be In The Public Domain, But Aren’t

21. Who’s the true enemy of internet freedom – China, Russia, or the US?: Beijing and Moscow are rightly chastised for restricting their citizens’ online access – but it’s the US that is now even more aggressive in asserting its digital sovereignty (Evgeny Morozov)

22. Inside Putin’s Information War: I spent years working for Russian channels. What I saw would terrify the West.

23. Netflix Helps You Trick Kids Into Thinking Midnight Came Early With An On-Demand Countdown

24. The Cybersecurity Tipping Point

25. Big Mother Is Watching You: If you keep your fitness-related New Year’s resolutions in 2015, it’ll likely be thanks to the new wave of devices and apps that have taken monitoring things like newborn sleep patterns and blood oxygenation from geek hobby to mass-market juggernaut. But what happens when companies have access to the most mundane details about our bodies?

26. Browsing in privacy mode? Super Cookies can track you anyway: New technique allows websites to bypass privacy mode unless users take special care.

27. Marissa Mayer’s Yahoo is a case study in the toxic nature of stack ranking

28. What Was Ello?

29. Children’s Digital Rights: A Priority – The unfolding global research and policy agenda for children’s digital rights is discussed

30. ‘I emailed a message between two brains’

31. Cellphones Do Not Give You Brain Cancer

32. The Trouble With Sweeping Questions About the Internet – Pundits and scholars too often phrase queries that miss the point: The transformative power of any technology relies first on underlying human forces.

33. Understanding Bitcoin And Its Disruption Through Its Roots

34. Virtual Reality’s Nagging Problem: It Makes Some People Sick

CONSTRAINTS

35. Novelists, poets, cartoonists respond to attacks on Charlie Hebdo offices in Paris

Freedom of Expression: International Publishers Association Issues Statement on Paris Attack

Obama condemns ‘cowardly, evil’ Paris attack, offers US help to pursue terrorists

36. Why cash and copyright are bad news for creativity (Dan Hunter)

37. Nielsen Music’s Year-End: Streaming Is Not Killing the Record Business

38. The Romantic Author and the Romance Writer: Resisting Gendered Concepts of Creativity (Rebecca Tushnet)

39. Creativity Is Collective: Personal experiences and character traits alone may not be enough to produce a prodigy. It takes a village

jon

A UBC FIREtalk with Kate Chandler on Open Badges in Academia | Open Badges

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A UBC FIREtalk with Kate Chandler on Open Badges in Academia | Open Badges.

 

Why did badges work as effectively as they did this semester in Video Game Law? Especially without any particular marketing or other push. Kate Chandler who is part of our UBC badges group raises that question among others in this thoughtful audio interview.

jon

Contractual Issues in Videogame Law and Possible Labour Law (and other) Solutions

I’m posting my final paper here in the spirit of the open access to information modelled by this class. The paper explores the potential application of labour law principles of collective bargaining to solve some of the problems with common contracts used in the videogame industry. Drawing heavily from ideas discussed in class, the paper also touches on current developments in the law and other potential solutions to some of the more troubling issues with videogame contracts.  Law 423B Video Game Law Paper MC

News of the Week; December 31, 2014

GAMES

1. Hackers Take Credit For PlayStation Network And Xbox Live Outages On Christmas

Sony PlayStation network down for 3rd straight day: Sony won’t say how many of the networks 56 million users are affected

FBI Investigating Christmas Day Attacks on PSN, Xbox Live

2. Sony in the Killzone: case over resolution continues (Rebecca Tushnet)

3. UK Party Leader Attacks Satirical Mobile Game Made By Teenagers Interested In Politics

4. High court justice still unsure about violent video game ruling

5. Hatred’ Gets Approved on Steam Greenlight

6. The year of GamerGate: The worst of gaming culture gets a movement

7. EA’s Latest Attempt To Destroy SimCity Franchise: Micropayments For Hammers And Nails And Supplies

8. Why 1993 was the Best Year in Gaming

9. 2014 in review: the year women characters ruled

10. Almost every single Xbox executive we profiled in this video last year has left the company: Told you TV was a bad idea

DIGITAL

11. How Laws Restricting Tech Actually Expose Us to Greater Harm (Cory Doctorow)

12. How Copyright Makes Culture Disappear

13. Suit over Facebook’s practice of scanning users’ messages to go forward: Company’s TOS “does not establish that users consented” to the practice, court rules.

Facebook May be On the Hook for Scanning Private Messages for Links

14. Facebook apologizes for morbid results with its “Year in Review” nag: Complaining user was auto-served a photo of a recently deceased loved one.

15. Who Is Watching You?: Companies and institutions track us almost indiscriminately. Is this the world we want to live in?

16. Peter Gabriel: Tech Can Make Video Evidence a Cornerstone of Justice

17. Male Nerds Think They’re Victims Because They Have No Clue What Female Nerds Go Through

18. Ireland: US courts need our permission to view emails stored on Dublin server

19. How Twitter, Google And Facebook Have Responded To Russia’s Attempt To Censor Political Opposition

20. NSA Does Document Dump on Christmas Eve

U.S. Spy Agency Reports Improper Surveillance of Americans

21. Prying Eyes: Inside the NSA’s War on Internet Security

22. The Geopolitics of Cyberspace After Snowden (Ron Deibert)

23. Turkish Government Takes Further Action Against Freedom of Speech

24. The Great Firewall keeps growing, as China blocks all Gmail access: Chinese web-blocking has grown significantly in 2014.

25. India’s Government Asks ISPs To Block GitHub, Vimeo And 30 Other Websites

26. We Spoke To A North Korean Defector Who Trained With Its Hackers — What He Said Is Pretty Scary

Why Sony is way out on a limb with legal threats against Twitter

The Interview was pirated more than 750,000 times in its first day of release

What Would Twitter Do? Musician’s tweets of Sony e-mails lead to threats: “I don’t know what the line is,” says musician-turned-publisher Val Broeksmit.

North Korea suffers another Internet outage, hurls racial slur at Pres. Obama: Latest drama follows The Interview’s Christmas opening—which earned $1 million.

Who’s Behind The Internet Outages In North Korea, Anyway?

The Interview earns a stunning $15M from online sales: Sony got close to the $20 million weekend it was aiming for.

How ‘The Interview’s’ VOD grosses could change the game

Sony’s Own Copyright Infringement Shows How Broken Our Copyright System Is Today

North Korean defector to airdrop DVD, USB copies of The Interview: DPRK’s “leadership will crumble if the idolization of leader Kim breaks down.”

27. Amazon Offers All-You-Can-Eat Books. Authors Turn Up Noses.

28. United And Orbitz Sue “Hidden Cities” Flight Search Engine Skiplagged

29. Forum selection clause in browsewrap agreement did not bind parties in bitcoin fraud case

30. Big Media Sees Digital Competitors Bearing Down In 2015

31. The Letters of the Law: 2014 in Tech Law and Policy (Michael Geist)

32. International Copyright Law: 2014 in Review (EFF)

33. 2014 – The Copyright Year (The 1709 Blog)

34. Top five shifts in Internet law in 2014

35. Let the Other 95% of Great Programmers In 

CONSTRAINTS

36. The Messy Minds of Creative People

37. Azealia Banks, Iggy Azalea and hip-hop’s appropriation problem: Jeff Chang offers rhyme and reason on the rap beef between the two pop stars that sheds light on the genre’s complex relationship with race and identity

38. How Copyright Forced A Filmmaker To Rewrite Martin Luther King’s Historic Words

39. Our Reply To A Totally Bogus Monkey Selfie Cease & Desist

40. In Hollywood, It’s a Men’s, Men’s, Men’s World

41. Hollywood’s Top 10 Legal Disputes of 2014

42. Biggest stories of 2014 didn’t need traditional news outlets

jon

Future (Pedagogic) Reflections, Part Deux

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“joss” wrote a great and most appreciated post titled “Future Reflections” which can be found here: http://videogame.law.ubc.ca/2014/11/26/future-reflections/ In the post she makes several well taken observations about where the course and it’s pedagogic approach could lead. That post made me think about what the future opportunities for Video Game Law might be. Since the course will be offered again in September 2015, what follows are some early thoughts on what could come next. Any and all feedback would be greatly appreciated.

So what follows are a bunch of ideas, some far-fetched and some almost inevitable. To make matters more confusing they are in no particular order other than the order they came to mind…

1. UBC Video Game Law Wiki: In the unfinished business category, it would be great to finish creating a useable UBC Wiki on Video Game Law accessible through this website where students could voluntarily post their papers and any contributions they wish. With the help of the UBC Centre for Teaching, Learning & Technology that almost got done this semester and may yet make it up in January 2015.

2. Badges 2.0: Badges were a very low key experiment this past semester. The data shows that it was a very successful one. In a course where the stated pedagogic metaphor is to emulate an open world role playing game where students are provided with terrains to explore and tools to explore them with, badges have some potentially fascinating applications. They can be used as virtual maps to individual goals. For example a badge that maps a students progress through materials relating to copyright issues, or freedom of expression, or EULA problems, or you name it. Badges can certainly be for more then posts and comments and it would certainly be cool  to see what achievement maps could be created that students could voluntarily explore if they were interested and inclined.

3. Video Game Law open and scalable curriculum: Will mention this here because oddly enough it is an outgrowth of our UBC badges group. Video game courses and programs are one of the fastest growing areas in higher education. An embryonic idea that has been discussed with the UBC Centre for Teaching, Learning & Technology is the possibility of building a digital tool for teachers who want to include some legal aspects in their video game courses or programs. The tool would allow teachers to create their own video game law curriculum from the rather large amount of material already on this website and allow for scalability from one class all the way to an entire course. Remember this tool is not aimed at law schools but rather at post-secondary institutions that offer degrees relating to videogame/digital media studies to artists, creators, programmers, computer scientists etc.

4. Oculus Rift 2.0: Perhaps the biggest surprise of the semester was how well the Oculus Rift experiment went in terms of real-life pedagogic potential. What would be wonderful would be to take the next step with the tech and try and incorporate feedback loops between the “live” classroom and the “Rift” classroom that would make the experience seamless in both venues.

5. Doubling Up: In a way this idea flows from the Oculus Rift experiment. During the first year of Video game Law (we just finished 8th edition of the course) and owing to some unusual circumstances, the course was offered in two Law Schools (UBC & UVic) as a single course. The two classrooms were video-conferenced together and I would alternate my physical presence on a weekly basis between the two schools. It worked out really well. Now that was roughly 1o years ago, used relatively unsophisticated technology and had no website. So perhaps I might be forgiven for wondering whether something along the lines of joining two(or more) law school classes might be worth trying again.

6. Website Accessibility: One  of the most gratifying aspects of the course has been the way alumni have remained interested in the course and its progress. Another is the commitment and generosity of so many guest speakers. In a very real sense the course has an evolving community of interest. To make the most of that means making it as easy as possible for everyone to access and make meaningful contributions to this website. That is a continuing technological evolution. Hopefully next year we will be in a position where those who are interested can simply (but with approval) gain author status on the site. Building community and allowing past years students to stay involved if they wish would be a dream come true.

jon

Here’s a free game and a waiver of liability

To sum up: Ubisoft’s Assassin’s Creed Unity was released with numerous glitches. To “apologize” for the crappy launch they are giving away free bonus content for all owners and also a free game to players who agreed to buy all bonus content upfront. However, people have discovered that to receive your free game you have to agree to a waiver of liability for all issues relating to the AC: Unity launch.

From a contract perspective there is probably nothing wrong with what Ubisoft is doing. In fact, they may even be overcompensating because the season pass was only worth $30, whereas the game is worth about $60.

However, it seems quite sneaky to offer the game as an apology but also to bury the waiver of liability in it. So then the question is are they really trying to apologize for the game’s issues or are they more concerned about protecting themselves? There was also no mention of the waiver despite the FAQ containing a full block of capitalized terms regarding the free game offer.

I don’t know if the waiver was necessary. Is it really likely they were going to get sued from this? Perhaps their lawyers were worried due to a judge recently allowing a lawsuit against Sony for Killzone: Shadowfall’s graphics to proceed. I just feel like the legal risk they may have eliminated is probably far outweighed by the further damage to their brand.

Finally, reading about this reminded me about our course. We have seen publishers aggressively use EULAs and TOUs to control numerous aspects of games like preventing otherwise legal activities (reverse engineering) and even preventing ownership (games are licensed, not sold).

Do you have any thoughts on this?

 

 

Further reading:

1. Ubisoft’s letter of apology

http://assassinscreed.ubi.com/en-gb/news/news_detail.aspx?c=tcm:154-186654-16&ct=tcm:148-76770-32

 

2. Free game offer FAQ

http://assassinscreed.ubi.com/en-GB/community/liveupdates/live_updates_details.aspx?c=tcm:154-186650-16&ct=tcm:148-76770-32

 

3. Example of a glitch (humorous but could also be slightly frightening)

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How Laws Restricting Tech Actually Expose Us to Greater Harm | WIRED

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A great take from Cory Doctorow in Wired magazine. The increasingly reality, as dystopian as it is, of modern day HAL 9000’s telling us in various ways “I can’t let you do that, Dave” is haunting. That we have arrived or almost arrived at that point is frightening. Worth a read: How Laws Restricting Tech Actually Expose Us to Greater Harm | WIRED.

jon

 

HAL9000

News of the Week; December 24, 2014

GAMES

1. The FBI Is Investigating #GamerGate

The battle of Gamergate and the future of video games

2. Dark Souls Modder Gets Copyright Threat From Game Developer For Some Reason

3. Report: Dennis Rodman Threatens to Sue ‘Glorious Leader’ Makers

4. Nintendo Wins Over UltimatePointer in Patent Case

5. Halo anthology makers apologize, will give distressed fans free ODST

Microsoft Can’t Fix Its Halo: Master Chief Collection Fail

6. Sell it somewhere else: How retailer restrictions affect the game market 

7. Are comics a cautionary tale for game makers?

8. Buggy games deserve much harsher treatment

9. Former 38 Studios Board Member Gets Fined for Unregistered Lobbying Activity in Rhode Island

RI Secretary of State Loses in Court Over 38 Studios Lobbying Investigation

10. Confronting Videogame Torture, After The Cia’s Report

11. How Do You Teach Empathy? Harvard Pilots Game Simulation

12. Ubisoft Hides Waiver in Free Games Offer

13. Valve Is Now Preventing Users From Gifting Steam Games Across Countries: Steam region locks game gifting.

14. Don’t call it DRM: what’s Denuvo Anti-Tamper?

15. A practical guide to the EU’s new VAT rules, video games and digital content sales

VAT, Digital Content and Video Games

16. Knee-Jerk Rejection Of Pop Culture Like Video Games Isolates Conservatives

17. Beyond Tetris: a brief history of patriotic video gaming in Russia

18. Winning Isn’t Everything: I used to think that games would be the dominant medium of the 21st century. The reality? They’re too big, too complex, and too smart for that to be true.

DIGITAL

19. U.S. Officials Determine North Korea Is Behind Sony Hack: Reports

Sony Hackers Threaten “9/11-Style” Attack On Movie Theaters

Film of graphic novel Pyongyang killed in wake of Sony hacks

Sony Officially Cancels ‘The Interview’ Release Following Hacker Threats

Sony Goes One Ridiculous Step Further: Threatens To Sue Twitter Over Leaked Email Screenshots

Seth Rogen And The Ridiculous War Of 2014: In the gutless cancelation of The Interview release, Seth Rogen and James Franco emerge the lone heroes.

Obama thinks Sony “made a mistake” pulling The Interview after hack: The president also promised a “proportional response” to North Korea.

North Korea loses Internet days after Barack Obama vows revenge over Sony hacks

Cyberwar on North Korea Could Be Illegal: Someone knocked the Hermit Kingdom offline. If it was the United States, the operation will test the bounds of international law.

Sony To Allow Screenings Of ‘The Interview’ On Christmas After All

The Interview to be streamed online through YouTube, Xbox Video, Google Play

How Tim League, George R. R. Martin & Indie Cinemas Helped Uncancel ‘The Interview’

Let the games begin: first Sony class action lawsuit filed over data breach

20. Facebook Page Goes Dark, Angering Russia Dissidents

21. Garcia v. Google 9th Circuit en banc video

22. Hollywood v. Goliath: Inside the aggressive studio effort to bring Google to heel – Leaked Sony e-mails show states’ top lawyers and studios are closer than ever.

Google GC Calls Out MPAA ‘Secret’ SOPA Campaign

+ Google SUES Jim Hood — Mississippi Attorney General Claiming Ties To MPAA – Frontline Desk

Mississippi AG backs off Google investigation pushed by MPAA

23. Canada Preps Launch Of An Actually Mostly Sensible ISP Copyright Warning System

Notice the Difference? New Canadian Internet Copyright Rules for ISPs Set to Launch

24. Judge: It’s OK for cops to create fake Instagram accounts

25. Jury finds for Apple in iTunes case, throws out billion-dollar lawsuit: After just a few hours of deliberation, jury nukes a 10-year antitrust case.

26. “Shadowy” anti-net neutrality group flooded FCC with comments 

CONSTRAINTS

27. First Amendment Bars School Discipline For Student’s Rap Video About School Coaches

28. Flickr removes CC-licensed photos from Wall Art program

29. Judge Floats ‘Right to Be Forgotten’ as Libel Remedy

30. Inside the turnaround of Machinima

31.Cyberwar and Cyberterror — New and Unwelcome Companions in Publishing and Culture

jon