This week a brief exploration of the Electronic Frontier Foundation’s petition for DMCA exemptions including one for users who want to play abandoned video games.
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By Jon Festinger on November 10, 2014
This week a brief exploration of the Electronic Frontier Foundation’s petition for DMCA exemptions including one for users who want to play abandoned video games.
jon
By Jon Festinger on November 5, 2014
GAMES
+ OTW Files Petitions on Behalf of Fan Video Makers
3. Lohan, Noriega video game lawsuits are a troubling sign for the arts (Ed Cavazos)
+ Activision v Noriega analysed: don’t make way for the bad guy (Jas Purewal)
+ Harassed Game Dev Setting Up Legal Defense Fund For Harassed Women
+ Anti-Game Researchers Used to Vilify #GamerGate Supporters
+ Zoe Quinn calls for big companies to speak out on GamerGate
+ My 15 Minutes Of Fame As A B-List Gamergate Celebrity
+ Wu offers $11K for harassment conviction
5. Platform, not gender, drives gamer differences – EEDAR
6. Kim Kardashian earned 54 per cent of Glu’s revenue in Q3
7. Why Licensed Games Are Finally Hot
9. An Artist is Turning MC Escher’s ‘Relativity’ Into a Video Game
10. The Sixth Stage of Grief Is Retro-computing: Networks Without Networks
11. The Greatest Video Game Basketball Players of All Time
DIGITAL
12. Quebec Court Awards Damages for Violation of Privacy on Google Streetview
15. Canadian telcos and banks subject to the Quebec privacy law
16. Why Facebook Just Launched Its Own ‘Dark Web’ Site
17. Microsoft’s top legal gun decries privacy ‘arms race’
18. Sir Tim Berners-Lee On The Future Of The World Wide Web
19. Starting today, UK has new licensing scheme for orphan works
20. China to establish first ever IP court
21. After Protests Continue, Hungary Dumps Stupid Internet Tax Idea
23. A Horse of a Different Color: What robotics law can learn from cyberlaw. (Ryan Calo)
+ RoboLaw: Why and how to regulate robotics
24. Copyright’s over, it’s time to go proactionary
25. Joker Lets You Instantly Stream Perfectly Legal And Legitimate Torrent Files
26. The Birth of the Internet Troll
27. Internet of Things will transform life, but experts fear for privacy and personal data
28. Computational Media – What’s That? (Dr. Richard Smith)
CONSTRAINTS
29. Why Are Rap Lyrics Being Used As Evidence In Court?
32. Inside George R.R. Martin’s complicated relationship with the Internet
33. The Young Turks is running circles around news networks on YouTube
35. Ghomeshi claim faces significant challenges
36. Supreme Court Refuses To Hear Sherlock Holmes Case: Holmes Is Now (Mostly) Public Domain
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By joewmanning on November 5, 2014
For those not in the know, Jack Thompson is a former lawyer and demagogue who argued that video games directly caused violence. He was eventually disbarred for the unethical actions taken during his anti-gaming crusade.
Thompson was around at the same time politicians like Joe Lieberman and Hilary Clinton were arguing for restrictions on the sale of violent video games, and there was a real fear of censorship in the gaming community.
Nowadays, games are considered art, and Supreme Court decisions in the US and Canada have extended free speech/expression protection to video games. Despite this, the ghost of Jack Thompson still seems to haunt us.
Many of the arguments (and vitriol) that were lobbed at Thompson are now being used against Anita Sarkeezian. Some gamers apparently see her criticism of tropes in video games as another front in the war for increased censorship, despite never having called for censorship. I’ve seen her called “the new Jack Thompson” in a number of places, and one of the more common (non-harassing) arguments against her is “if video games don’t cause violence, how can they cause misogyny?” I got tired of not knowing the answer to that question, so I decided to see what the peer reviewed studies were saying.
Apparently there isn’t a strong link between violent video games and real-world violence, but that may just be because we don’t have good data on people who commit violent acts. There is very likely a link between violent games and aggression, self-control and cheating, especially in young people with a high degree of ‘moral disengagement’ (see: Interactive Effect of Moral Disengagement and Violent Video Games on Self-Control, Cheating, and Aggression). We can’t quite bridge the gap between those elements and actual violent acts, however.
Misogyny is a different story. We have loads of empirical data that show a link between sexualized characters and tolerance of sexual harassment, likelihood to sexually harass, perceptions of women’s competence (even non-sexualized women), denial of mind and moral concern regarding women, self-efficacy in women, and all kinds of nasty things.
Perhaps the most interesting and relevant study I found was “Virtual Virgins and Vamps: The Effects of Exposure to Female Characters’ Sexualized Appearance and Gaze in an Immersive Virtual Environment“. It’s a bit tricky to parse the abstract, but the gist of the study was that both sexualized and non-sexualized female characters that behave in a stereotypical manner contribute to rape myth acceptance, benevolent sexism, and hostile sexism, while the same characters acting in a non-stereotypical manner result in a reduction in all three. This seems to suggest that the really important and damaging factor is the overuse of SEXIST TROPES! I never expected to confirm Anita’s position like this when I began my analysis.
What do you guys think? I don’t have nearly as many studies on aggression and violence, and I would be interested in hearing other people’s opinions.
By Jon Festinger on November 3, 2014

For anyone interested I am moderating a “Philosopher’s Cafe” tonight at 7:00 PM at the Roundhouse Community Arts and Recreation Centre, 181 Roundhouse Mews, Vancouver B.C. The topic is “The Future of Privacy” and the topic is described as follows: “In the “post-Snowden” digital age we have learned a good deal about two topics previously thought of as unrelated: privacy from corporate interests and surveillance by government. What’s next and what can we do about it?”
In SFU’s own words: “Philosophers’ Café is a series of informal public discussions in libraries, cafés and restaurants throughout Metro Vancouver. The cafés, which are open to everyone, have brought dialogue and discussion to thousands of people who are interested in exploring issues from the absurd to the sublime.”
Personally I’m shooting for sublime. 😉
More information is available here: http://www.sfu.ca/continuing-studies/events/2014/11/future-of-privacy.html
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By Jon Festinger on November 2, 2014
This week I wander (carefully) into tender territory reflecting on possible common denominators IMHO among the #gamergate, Jian Gohmeshi and TWU Law situations. If anyone is interested, the slides from a talk to my Media Law class at the UBC Graduate School of Journalism regarding the Gohmeshi situation can be found here: http://medialaw.journalism.ubc.ca/2014/10/29/class-9-partial-slides-ghomeshi/ Unfortunately, for now, there is no embedded lecture capture system and the slides themselves are not as detailed as they might have been.
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By Jon Festinger on November 2, 2014

Mia Consalvo is one of the leading video-game academics and researchers in the world. She is the Canada Research Chair in Game Studies & Design at the Department of Communication Studies, Concordia University. Her education includes a BA, Communications from Lyndon State College, Vermont; an MA, Communications from the University of Washington; and a PhD, Mass Communications from the University of Iowa. she will be joining us this week through remote connection.
Professor Consalvo’s main focus is game studies, with particular interests in players and the culture of gameplay. She is currently working on a book about Japan’s role in the creation of the game industry as well as game culture generally. She is also doing work on social games, sports videogames, and the now defunct casual MMO Faunasphere. Her writings and talks cover a myriad of subjects including: Women and Sports Videogames; Playing with ethics: Digital games and moral dilemmas. She has an excellent page on academia.edu (https://concordia.academia.edu/MiaConsalvo) from which you can see and download various of her writings.
Professor Consalvo will be joining us through a remote connection from Montreal QC.
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By Ryan Vogt on November 1, 2014
This coming Saturday, 8 November 2014, there is a free talk by Dr. Michael Geist, the Canada Research Chair in Internet and E-commerce Law, at the Vancouver Public Library Central Branch (350 W. Georgia Street), Alice MacKay Room. It is entitled “Remaking the Media: Remaking Democracy”. It goes from 12:00-1:00, and the library warns that seating is limited. I figured it might appeal to people in this class.
By Jon Festinger on November 1, 2014
Thanks to Jennifer for coming to Vancouver and for her awesome presentation. Thanks also to Fenwick & West LLP for supporting that initiative, and the in so doing, the course itself. Full slides and video below.
jon

By Jon Festinger on October 30, 2014
GAMES
2. Is GamerGate About Media Ethics or Harassing Women? Harassment, the Data Shows
+ 74,140 reasons that #GamerGate isn’t about the ethics of journalism
+ It’s Game Over for ‘Gamers’: Anita Sarkeesian on Video Games’ Great Future
+ Researchers find that female PC gamers outnumber males
+ Can Video Games Survive?: The Disheartening GamerGate Campaign
+ The Only Thing I Have To Say About Gamer Gate (Felicia Day)
+ Swedish Game Developers Sign Petition Supporting Diversity, Rejecting Harassment
+ Adobe Issues Statement About GamerGate
3. Are there lines games shouldn’t cross?
4. Blizzard Bans ‘Several Thousand’ Hearthstone Players
5. Japanese Game Teaches Citizens the Finer Points of Being a ‘Lay Judge’
6. Xbox head: Minecraft sequel may not “make the most sense”
7. Madden, mobile and digital drive EA to record Q2
8. Helgason: Negative view on Riccitiello is “incredibly unfair”
9. This video game might be the future of ADHD and Alzheimer’s treatment
10. PlayStation 4 Update Coming On 10/28 Lets You Play Games With Friends Who Don’t Own A Copy
11. Some quick thoughts on VR and game dev… (Kim Voll)
DIGITAL
12. Snowden document isn’t proof of telco-spy deal, says UK agency as it squashes privacy complaint
13. Embedding Is Not Copyright Infringement, Eu Court Rules
+ EU Court Of Justice Says Embedding Is Not Infringing: Could Mean Streaming Sites Are Legal
15. What, exactly, is a browsewrap?
16. The paradoxes of open data and how to get rid of it? Analysing the interplay between open data and sui-generis rights on databases (Primavera De Filippi & Lionel Maurel)
17. Whisper, Secret, and Snapchat leaks show that fake privacy is almost worse than no privacy at all
18. Thousands of Hungarians march against Internet tax
19. FCC moves to treat online video like cable, a boon for Aereo
21. Parasitic Capitalism, Round 2: Ebola.com Sold for $200,000
23. Digital Discrimination: The Case of Airbnb.com
CONSTRAINTS
24. Copyright Law Stifling Free Speech And Artistic Criticism
+ Dangerous Undertakings: Sacred Texts and Copyright’s Myth of Aesthetic Neutrality (John Tehranian)
25. Aereo blocked from real-time TV rebroadcasts
28. These filmmakers want to put you inside a horror movie
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By cooper33 on October 24, 2014
I finally got around to looking for the demo for “The Stanley Parable” game discussed previously. This involved signing up for Steam, an act I had avoided for reasons of removing temptations whilst still a student.
Thus the entire process of getting the game off the internet and downloading involved assenting to four separate legal agreements. Each of these appeared to be longer and more complicated than my 5 figure student loan agreement with the bank.
All in service towards, what is basically viewing an advertisement for the real product.
We truly live in a time of madness.