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Video Game Law 423B Final Pilot Project Report | Open Badges

 

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The final report on the Open Badges Video Game Law Project is out. At least in a preliminary way it shows that badges created a significant jump in website engagement. The deeper question is always “Why?” There are several Open Badges projects happening at UBC this semester so we should know more soon. The infographic replicated above and some additional commentary makes for very interesting reading, and can be found here: Video Game Law 423B Final Pilot Project Report | Open Badges.

jon

News of the Week; January 14, 2015

GAMES

1. Spoiled Xmas Mornings: The Dark Side of the Online Future

2. Research Finds ‘Context Matters’ When Video Games Are Found To Influence Anti-Social Behavior

3. Violent Video Games Help Me Get Beyond My Violent Past

4. Microsoft clarifies position on external content usage

5. Developer: Publishers didn’t want a female lead in our video game – “We had other publishers telling us, ‘make it a male lead character.'”

6. Survey: 45% of the UK industry’s women feel gender is a “barrier”

7. Can a Video Game Help Rape Survivors?: An upcoming Oculus Rift experience tracks a character’s recovery following a sexual assault—aiming to enable empathy, even therapy, for survivors and outsiders alike.

8. Is ‘SimCity’ Homelessness a Bug or a Feature?

9. Award-winning composer faces union expulsion in game music fight

10. Researchers study benefits of exergaming

11. Gone Home: A Video Game as a Tool for Teaching Critical Thinking Skills

12. Computers Like To Sit In Front Of Computers And Play Games All Day, Too

DIGITAL

13. New Clues (Doc Searls & David Weinberger)

14. How Surveillance Causes Writers to Self-Censor (Bruce Schneier)

15. Code Is Law: But law is increasingly determining the ethics of code. (Jonathon Penney)

16. The Web Is the Real World: “Like an Uber for” became one of the most hackneyed phrases in tech this year. It’s also one of the most profound.

17. By 2025, the Definition of ‘Privacy’ Will Have Changed: In a new paper from Pew, experts warn that surveillance-free spaces are disappearing.

18. There’s a blockchain for that!: The code that secures Bitcoin could also power an alternate Internet. First, though, it has to work.

19. UK prime minister wants backdoors into messaging apps or he’ll ban them: In wake of Paris attacks, David Cameron targets encrypted communication services.

More Surveillance Won’t Protect Free Speech

20. Activist pulls off clever Wi-Fi honeypot to protest surveillance state: “All traffic that occurred via our wireless network has been logged.”

21. Zero for Conduct: On the surface, it sounds great for carriers to exempt popular apps from data charges. But it’s anti-competitive, patronizing, and counter-productive.

22. Rightscorp and BMG Exploiting Copyright Notice-and-Notice System: Citing False Legal Information in Payment Demands (Michael Geist)

Canada’s Copyright Notice Fiasco: Why Industry Minister James Moore Bears Some Responsibility (Michael Geist)

Canada’s copyright rules explained – A guide to Canada’s Internet piracy laws (with video)

23. Authors Guild Drops HathiTrust Case

Authors Guild Gives Up Trying To Sue Libraries For Digitally Scanning Book Collection

24. Copyright and Inequality (Lea Shaver)

25. White House Responds To Petition About Aaron Swartz By Saying Absolutely Nothing

Obama won’t fire Aaron Swartz’s federal prosecutors: White House “We the People” petitions demanding their removal lingered for two years.

Free Our Paywalled Court Documents: The Aaron Swartz Memorial PACER Cup Contest Announced

26. Sony Pictures CEO: call to Google got ‘The Interview’ out

27. Heads up, dear leader: Security hole found in North Korea’s home-grown OS: Misconfigured default permissions on files create a way to get root on Red Star OS.

28. What Does It Mean That James Bond’s In the Public Domain In Canada?

29. 10 Things Everyone Gets Wrong About Intellectual Property Law

30. Apple’s ‘unwritten rules’ spark discontent for some app developers: Developers making use of new iOS features – even some shown off at the software’s launch – are finding their apps rejected by App Store staff

31. Decentralize All The Things!

32. Snowden Claims U.S. Policy Is Creating A Black Market For Digital Weapons

33. A Tarnished Uber Tries To Woo The Press

34. The digital bypass

35. President Obama Gets It: Net Neutrality Begins at Home

36. CEO Leslie Moonves Explains CBS’ Streaming Strategy: “I Don’t Care Where You Watch Our Shows”

37. The Town Without Wi-Fi: The residents of Green Bank, West Virginia, can’t use cell phones, wi-fi, or other kinds of modern technology due to a high-tech government telescope. Recently, this ban has made the town a magnet for technophobes, and the locals aren’t thrilled to have them.

38. Game theorists crack poker: An ‘essentially unbeatable’ algorithm for the popular card game points to strategies for solving real-life problems without having complete information.

39. No Names, Many Histories: Anthropologist Gabriella Coleman wanted to write the definitive story of Anonymous. Her new book explains why that was an impossible goal.

40. The Hacker-Proof Wares In CES’s First ‘Personal Privacy’ Section

41. CES: How Silicon Valley Is ‘Democratizing’ Storytelling

42. I tried Sling TV at CES 2015, and now I’m cancelling cable

43. Spotify Now Has 15M Paying Users, 60M Overall Active Subscribers

44. Amazon, Netflix Win Big At The Golden Globes

45. Have you ever read the Apple Terms and Conditions? Me either. If this digitally-printed booklet doesn’t convince you to read at least part of it, I don’t know what will.

CREATIVITY

46. Salman Rushdie condemns attack on Charlie Hebdo

‘Anonymous’ Member Calls For Revenge On Terrorists For Charlie Hebdo Massacre

Lost in translation: Charlie Hebdo, free speech and the unilingual left

Read the New Issue of Charlie Hebdo in English

Blasphemy and the law of fanatics

+Hitler’s Cartoon Problem and the Art of Controversy

These are the biggest hypocrites celebrating free speech today in Paris

Former ‘Onion’ editor: Freedom of speech cannot be killed

Terrorists Can’t Kill Charlie Hebdo‘s Ideas

A Modern History of Free-Speech Martyrs

47. International journalism: after a year of arrests and attacks, who would do it?

48. Stop sketching, little girl — those paintings are copyrighted!

jon

Video-Blog News of the Month; December 2014

Here is my take on Sony Corporation – an enigma wrapped in a riddle from personal experience…

jon

 

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