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Week 4 Guest Speaker: Ian Verchere of Roadhouse Interactive

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Ian Verchere who is co-founder and the Chief Creative of Roadhouse Interactive, a 50-person production and development company shaping the future of mobile, tablet and online games will be our guest next class.  Ian will share his views of  ongoing dialectic between creating and the law.Ian has been a great friend of the course, providing challenging insights from the creators’ perspective each of the last three years. Ian’s particular gift is for illuminating the  paradox of legal structures which constrain creativity while seemingly seeking to protect creative enterprises.

From Ian’s LinkedIn profile:

“Verchere is a creative producer, writer and visual artist. Since graduating with honors from the Emily Carr Institute of Art and Design (ECIAD) in 1989, he has been involved in the creation and production of over 30 video and computer games, including creative producer on the million-plus selling SSX Tricky and NBA Street V.2 for Electronic Arts, and designing and producing the classic, best-selling Sega Genesis title Beavis and Butt-head for MTV.

Verchere was one of the founders of Radical Entertainment, and was instrumental in growing the company into one of the world’s largest independent game developers. After serving as Studio Creative Director, he left in 1998 to join Electronic Arts (Canada) as a Producer.

In 1994, he wrote and directed The Divide: Enemies Within for Sony PlayStation. This award-winning title was recognized for its original story, and for the innovative CG short film that opened the game. In 1998, he brought the greatest action star in the world to the video game world, signing Jackie Chan to an exclusive worldwide deal.

He co-wrote Mom’s Cookies, a screenplay with Douglas Coupland that was bought by Disney, and is a member of the WGAw. As Executive Creative Director for Millions of Us, he helped MoU secure an exclusive agreement with Sony to create and develop virtual worlds and lobbies for PlayStation Home, including Sony’s own Home Lobby and Orientation Experience.

Verchere founded Roadhouse Interactive with James Hursthouse and Tarrnie Williams , and leads creative there.”

jon

Videogames and the Spirit of Capitalism

This is a terrific talk Paolo Pedercini of Carnegie Mellon University gave remotely to Indicade East 2014. It is hugely thought provoking in its interpretation of games as rationalizations of capitalism. I don’t agree, hewing to Jung’s view of games (see Talk 1) as a way of being in touch with our instinctive self. Of course the “too clever by half” way to bridge the gap is to suggest our instinctive selves are capitalistic. So the creator of the game is both in touch with their instinctive self and as a result building game structures that reinforce capitalism.

Here is the tough part. If the language of games is indeed inherently capitalistic there might be legal consequences. Wouldn’t that make it all the more challenging for legal interpretations to acknowledge the mutually dependant roles of developer and gamer from an intellectual property perspective?

jon

Videogames and the Spirit of Capitalism from paolo pedercini on Vimeo.

Gaming’s Indie Explosion: Chris Charla

This is a wonderful short video that serves a couple of related purposes in the context of the course:

1. It is a cool and inspirational history of games, especially indie games; and

2. In the context of all our discussion about the creative role of the gamer, it represents a powerful reminder of how important developers are.

It is also just a lot of fun and an extraordinarily good use of four minutes and thirty six seconds.

jon

Week 3 – 9/17/14: “John Milton Plays Grand Prix Legends” & Roch Ripley

Here are the videos and slides. No big glitches this week – a short lag of a couple of seconds off the top. The good news is that we all stood where we were supposed to (except for Roch’s “drift” at the beginning of his talk 😉

jon

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News of the Week; September 17, 2014

GAMES

1. Bomb Threat Targeted Anita Sarkeesian, Gaming Awards Last March

FBI investigating death threats against Feminist Frequency creator Sarkeesian

2. Georgia Man Murdered for PS4

3. King Settles Lawsuit with 6Waves Over Game Clones

4. Davis v. EA Argued Before Ninth Circuit Court of Appeals

Legal Scholar: ‘Davis v. Electronic Arts’ Perfect for Supreme Court Review

5. Xbox Live Privacy Case Dismissed by U.S. District Court in Seattle

6. Video Games: Computer Programs or Creative Works?

7. The Gray Market of Game Emulators

8. SimBin declares bankruptcy and reforms as Sector 3 Studios

9. Real Jail For Wow-Crimes?

10. Microsoft Buys ‘Minecraft’ Maker for $2.5 Billion

Microsoft to break even on Mojang this fiscal year

Hey Microsoft, Acquiring A Hit Game Is Stupid

Microsoft-Mojang is about the future not the money

11. ‘Minecraft’ CraftBukkit Mod Developer Becomes Victim of Swatting

12. Nintendo of Japan Apologizes for Banning ‘Super Smash Bros.’ 3DS Players

13. EA kept quiet on Real Racing dev’s forum hack

14. EA Prototyping Game Concepts for Apple Watch: Exec explains how iPhone games can expand onto Apple’s new smartwatch; Talks up potential of wearables.

15. How ‘Planetary Annihilation’ Made Money for Some Backers

16. Seizing Destiny: A great launch for Bungie’s latest will please Activision investors – but Sony is the real winner, with PS4 positioned to reap the rewards.

Destiny Review Scores May Cost Bungie A $2.5 Million Bonus

Eight days later, Bungie leaving disconnected Destiny players stranded: Customer service is currently limited to a forum with few official responses.

17. Licensed to thrill?: Roadhouse Interactive COO Ian Verchere explains what brands can–and can’t–do to ensure success in the mobile market

18. Garry’s Mod has sold 6 million copies

19. Steam adds 11 new currencies

20. Video game degrees in the US increase by 50% in five years

21. How Pong changed the world

22. Racking Focus: The Collision Of Cinema, Video Games And Virtual Reality

23. Fact or Fiction?: Video Games Are the Future of Education

24. If The NFL Has Become So Inhuman, Then Let’s Get Rid Of The Humans: Could the future of the NFL be as a video game league?

25. City of Alamogordo votes to auction off 800 Atari cartridges

26. Marin County, Calif. DA’s Office Co-Sponsors Toy Gun and Video Game Trade-In Program in Oct.

27. The ESRB: Twenty Years of Sex and Violence

20 years, 20 questionable game ratings: A timeline of ESRB oddities

28. Watch The Director Of Id@Xbox Deliver An Exuberant Love-Letter To Modern Videogames 

DIGITAL

29. Yahoo Threatened With A Secret $250,000 Per Day Fine If It Didn’t Comply With NSA PRISM Demands

More Yahoo vs. The NSA: Government Tried To Deny Standing, Filed Supporting Documents Yahoo Never Got To See

30. Google Report Shows Governments’ Increasing Demands for Users’ Data

31. Twitter, Reddit, Netflix join in net neutrality protest

32. These companies spend the most money to kill net neutrality

33. Software patents are crumbling, thanks to the Supreme Court

SCOTUS Decision in ‘Alice v. CLS Bank’ Having Profound Effect on Computer-Related Patents

Patent trolls reel as court smackdowns lead to collapse in share price

34. Jury finds CBS infringes podcasting patent, awards $1.3 million

35. The regulation of virtual currencies in Canada

36. Innovations in payment technologies and the emergence of digital currencies

37. Amazon, Publishers, and Readers (Clay Shirky)

38. MCNs—why they matter (and what they represent … the fundamental digital media transformation)

39. The rise of the anti-facial recognition movement

40. Privacy in Public (by Joel Reidenberg)

41. google it: verb status doesn’t mean Google is generic (Rebecca Tushnet)

42. In a Study, Text Messages Add Up to a Balance Sheet of Everyday Morality

43. Meet the McGill professor who got inside Anonymous

44. Glossary of Canadian provincial and federal Canadian statutes and codes may apply to social media issues   

CONSTRAINTS

45. TV monitoring service is fair use, judge rules: Fox News sued TVEyes, which records television 24/7/365—but it’s fair use.

46. Conan Doyle Estate Asks Supreme Court To Put Sherlock Holmes Back Under Copyright

47. In Latest Volley Against Amazon, Hachette’s Writers Target Its Board

48. Just Kidding? Celebrity Hacked Photograph Exhibition Scuttled

49. The Music Piracy Complex – Part 1

The Music Piracy Complex – Part 2

50. Since Copyright Is So Handy For Censorship, It’s Tempting To Use It To Censor Lots Of Content

IP’s “Immigration” Policy

51. The Law Society of Upper Canada expresses grave concerns about the ongoing detention of Tang Jingling and his colleagues in China

52. California Tells Businesses: Stop Trying To Ban Consumer Reviews

53. Jay Z Steps Up To The Plate To Argue That Tiny Music Samples Are Unprotected By Copyright

54. Public Enemy’s Former Lawyer Talks Cultural Appropriation And Copyrights In Hip-Hop

jon

Video-Blog; News of the Week September 10, 2014

This week’s take: EA v. NFL. EA wins by a knock-out (how’s that for mixing metaphors).

jon

Week 3 Guest Speaker: Roch Ripley of Gowlings

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Roch Ripley is a great friend and co-author of the 2nd Edition of Video Game. He is a partner in Gowlings’ Vancouver office and is co-chair of their Technology Industry Group. He has been an Adjunct Professor in this course and has always been very supportive of its goals. He will be speaking to you in the second hour this coming Wednesday (Sept. 17, 2013). Roch will share his perspectives, focussing primarily on End User and other agreements, which have become such a huge part of the video game law landscape.

Roch is a serious fan of the Street Fighter video game series.

To borrow from the Gowlings bio of him:

“His areas of expertise include computer-implemented and software technologies, integrated devices, clean technologies and electronics. A registered patent agent in both Canada and the United States, Roch has significant experience drafting and prosecuting both domestic and foreign patent applications, opining on patent infringement and validity, conducting technology audits and advising on how to utilize copyrights, trade-marks, industrial designs, and trade secrets in addition to patents to best protect technology. To help his clients profit from intellectual property, Roch drafts technology licenses and development agreements, handles intellectual property aspects of technology company financings and enforces intellectual property rights against infringing parties.

PAPERS & PRESENTATIONS• Co-author, “T-shirt tempest tests copyright law,” Vancouver Sun, February 2013• Adjunct professor at the University of British Columbia teaching Law 450: Video Game Law with Jon Festinger (Spring 2013)• Video Game Law, 2nd ed., Markham, ON: LexisNexis, 2012. Co-authored by Jon Festinger and Chris Metcalfe• Author of summaries for the Canadian Bar Association Intellectual Property Review, including: “Use of Term “Substantial Payment” Renders Settlement Document Unenforceable” (Feb. 2011); “Federal Court of Appeal Clarifies Meaning of Patentable Subject Matter” (Nov. 2011); “Court Rejects Opposition of WRANGLER Mark Based on Lack of Confusion” (June 2010); and “Court Decides What Evidence to Admit Pursuant to Rule 289” (May 2009)• “The Interconnection of Intellectual Property and Cultural Property.” Protection of First Nations Cultural Heritage: Laws, Policy, and Reform. Eds. Robert Paterson, Catherine Bell. Vancouver, BC: UBC Press, 2009. Chapter co-authored with Robert G. Howell”

jon

Week 2 – 9/10/14: “If Picasso had painted a round object…” & Brian Dartnell

Here are slides and video from our second class.  Thanks to Brian Dartnell for giving us a terrific overview of his life as EA’s lawyer at EA.

You may wonder what it is I am (symbolically) looking for in the picture below. Turns out the video of the class is missing – well, not exactly missing…the presets for the camera were aiming at the podium on the side of the room (where you see me below) and not the table at the center of the room where Brian and I spoke from. So, as you will see, the video of this weeks class is composed of the slides and our audio. The effect is actually pretty good – some might say better (for a variety of reasons 😉

Also if you are wondering the difference between the top and bottom videos just have to do with screen size. The top one puts you into the Mediasite page and allows you to then expand the picture to full screen. The one just below that is an embedded version of Mediasite which works great in the browser provided but can’t be expanded. Hope that makes sense.

jon

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News of the Week; September 10, 2014

GAMES

1. As The Mod Turns: The Latest In The Ongoing Minecraft ‘Bukkit’ Saga

2. Report: Microsoft in Talks to Buy Mojang for $2 Billion

3. Destiny day-one shipments top $500 million

4. Sega Takes Aim at Gearbox in Latest ‘Aliens: Colonial Marines’ Court Filing

Sega Also Has Copyright Complaints Against Hi Score Girl Manga

5. Pro Music Artists/Reps Force Shutdown Of Awesome Fan-Music Contest For Video Game

6. IGDA Working With FBI to Combat Developer Harassment

7. The #Gamergate Question

Death to the Gamer

Not All Gamers

To fair-minded proponents of #GamerGate:

The steel man of #GamerGate

Losing our voices

#GamerGate: Here’s why everybody in the video game world is fighting

Chat logs show how 4chan users created #GamerGate controversy: “I think all the sleeper cells are hard at work.”

8. Zoe Quinn’s Depression Quest (The New Yorker)

9. EA working to fix block on gay name sharing in The Sims 4: Overzealous filter blocks players from sharing names with LGBT terms online

10. EA Sports to Remove Ray Rice from ‘Madden NFL 15’ Roster in Future Update

11. Microsoft to replace noisy Xbox One units

12. Rovio: Leading the way on gender balance

13. How ‘Minecraft’ is Encouraging Children to Read More

14. What Does a Hermit Do While Living in the Woods for 27 Years? Steal Pokemon Games: Christopher Knight lived without human contact in the woods of Maine for almost three decades

15. Study: Swedish Children Learn English Better Through Playing Games

16. Engines of Horror: How Video Games Are Confronting Our Darkest Subconscious

17. First-Person Temple Run Makes Samsung’s VR Headset Terrifying

18. The US Army Has a New Laser Cannon, And It Works With an Xbox Controller

19. ESPN boss declares eSports is “Not A Sport”

eSports will be bigger than hockey – ESL CEO

20. Research: Winning Isn’t Everything

21. Downloading Games Might Not Be Better for the Environment After All, Study Finds: New study looks at the carbon emissions generated from downloading a game versus buying a physical copy at a store.

22. New research suggests deep learning could improve AI in video games

23. EA: We Never Want to Be Named Worst U.S. Company Again

24. Several Robin Williams NPCs Spotted in ‘Warlords of Draenor’ Beta

25. Epic on Unreal Engine 4: “It’s the right time to be democratic”

26. Unreal Engine 4 free for schools, students

27. The evolution of the role-playing game: from table top to video games, and back again

28. Games Law History: the first ever games patent

29. Exploring The Psychology Of Civil Forfeiture Through Video Games

DIGITAL

30. Parents to get full refund for kids’ app purchases under $19M Google Play settlement

31. App Store revenue up 70 YoY

32. Verizon pays record fine for violating phone customers’ privacy rights: For seven years, Verizon marketed to customers without seeking their permission.

33. Judge mulls contempt charges in Microsoft’s e-mail privacy fight with US: US claims it has rightful access to data stored on servers anywhere in the world

Microsoft agrees to contempt order so e-mail privacy case can be appealed: The contempt order doesn’t include any sanctions, but those could be sought later.

34. Meet the shadowy tech brokers that deliver your data to the NSA

35. Does obtaining leaked data from a misconfigured website violate the CFAA?

36. How to make sure your app complies with the Safe Harbor rules

37. Horizon: The defenders of anonymity on the internet

38. Google plans debates on ‘right to be forgotten’

39. Infamous “podcast patent” heads to trial: Personal Audio LLC has sued Apple, SiriusXM, and podcasters. CBS is up next.

40. Leak Of Complete CETA Text Shows Canada Fought Off EU Demands For More Extreme Copyright Rules

41. NLRB protects Facebook “Like” and signals standard for analyzing social media posts

42. NVIDIA Sues Samsung and Qualcomm, Tries To Get Samsung Galaxy Devices Blocked From The U.S.

43. The Ramifications of Alice: A Conversation with Mark Lemley

44. When does an employer own copyright in a photograph made by an employee?

45. Apple Denies Any Breach Of Its Systems In Celebrity Photo Leak

Inside AnonIB, Where Hacking Is a Sport and Women’s Bodies Are the Prize

A Letter To Jennifer Lawrence

reddit shuts down subreddit that showcased celebrities’ stolen nude photos: System admin says taking down the images became “a game of whack-a-mole.”

Every Man Is Responsible For His Own Soul (Reddit CEO)

Why We’re Winning: Social Justice Warriors And The New Culture War

46. Etsy CEO to Businesses: If Net Neutrality Perishes, We Will Too

47. How Should We Program Computers to Deceive?

48. Our Cyborg Future: Law and Policy Implications (The Brookings Institution)

49. There’s Something Rotten In The State Of Social Media

50. Error Correction in the Digital Age

51. When A Machine Learning Algorithm Studied Fine Art Paintings, It Saw Things Art Historians Had Never Noticed: Artificial intelligence reveals previously unrecognised influences between great artists

52. Brain-to-brain ‘telepathic’ communication achieved for first time: Team of US-led researchers successfully achieves brain-to-brain communication between humans from India to France

Brain-to-brain communication is finally possible. It’s just very clunky.

53. When We Play Video Games, Who Are We?

CONSTRAINTS

54. Disney Officially Seeks To Block Deadmau5’s Trademark Claim

55. Court says Facebook “likes” not a form of IP right

56. Hacked naked celebrity photos to be exhibited by artist in Florida

57. Reddit at a crossroads: The inevitable clash between free speech and a desire for funding

58. Zappos is going holacratic: no job titles, no managers, no hierarchy

59. The New Luddites: Why Former Digital Prophets Are Turning Against Tech

60. How YouTube inspired a new generation of DIY makers

61. Software is Eating the Camera: How software is changing the form and substance of cameras and photos

62. Canadian Internet TV Is Starting To Beat the CBC

jon

Video-Blog; News of the Week September 3, 2014

This week a few reflections on misogyny, gamers and the Anita Sarkeesian debacle. As well as a quick take on Microsoft’s resistance to a domestic warrant for overseas materials.

jon