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“Teaching and Learning in the Open: Why/Not?” 2014 CTLT Institute

On June 5, 2014 I participated in a terrific session moderated by Christina Hendricks of the UBC Department of Philosophy. It was part of the annual “CTLT Institute” put on by the UBC Centre for Teaching, Learning and Technology. Prof. Hendricks Wiki page on the session can be found by clicking on the image below.

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What is worth briefly ruminating on is the fact that I keep on being invited to sessions like this to talk about the website for Video Game Law. When this started happening, I was just stunned and it was difficult to get my head around why this was occuring. Now that with the passage of time I must accept the reality of the situation, I have moved from perplexed to mildly disturbed.

What’s the problem you may justifiably wonder?

It never ocurred to me that having an open website for a course was any big deal. It seems obvious. After all education (at least in Canada) is publicly funded. The goal of education is to benefit the world. Law itself honours and encourages openness and transparency. So forgive me for failing to understand why this course website is anything special. Bottom line: it shouldn’t be – it should be a dime a dozen, one of hundreds of thousands like it. Inevitably it will be when a sense of congruence around education, openness and law is fully established.

All of which just makes me appreciate all the more UBC CTLT and the UBC Faculty of Law for encouraging this experiment.

jon

News of the Week; June 4, 2014

1. Lawyers win big in Electronic Arts college sports settlement

2. Honda Jet Removed from ‘FlightGear’ After Trademark Complaint

3. Creator Of Flappy Bird Clone Claims His Duplication Is Covered By Trademark

4. Uplay’s Poor Performance Affecting ‘Watch Dogs’ and Other Games on Multiple Platforms

5. This Woman Was Threatened With Rape After Calling Out Sexist Video Games—and Then Something Inspiring Happened

6. Riot Bans Two Pro ‘League of Legends’ Players

7. Gamers Bullying Jewish Students Online

8. Fired Community Manager Says He Was A Victim Of ‘Outrage Culture’

9. When geopolitics meets the game industry. A study of Arabic video games and what they teach us

10. Why did Fox and Murphy sign ‘non-disclosure agreements’ with 38 Studios?

11. Protestors Tell RI Lawmakers: Don’t Bail Out 38 Studios

12. EA Shutters Warhammer Online Developer Mythic

13. U.K. Rag Tries To Link Teen Suicides With Call of Duty

Everyone Agrees They Don’t Know Why Teenager Committed Suicide, So Helpful Coroner Shouts Video Games

14. Glen Beck Criticizes ‘Watch Dogs’

15. Newzoo Report Predicts Global Gaming Revenue of Over $100 Billion by 2017

16. Take-Two CEO skeptical of Oculus’ broad appeal

17. The Next Eminem/Activision Deal: How Big Data Can Reinforce Gut Instincts

18. eSports viewing nearly doubled in 2013 as games-watching fanbase grew

19. Technology And Video Games Make Kids Think Differently About Old Questions

20. How to Dig Up a Landfill: The history, hurdles and local politics behind the search for E.T.

21. Arcadia, a Love Story

22. Why has the Canadian government given up on protecting our privacy?

23. Critics decry new Privacy Commissioner’s appointment

24. Snowden: NSA Revealed Only One Email, Shows NSA Lied Before

25. The Top 5 Claims That Defenders of the NSA Have to Stop Making to Remain Credible

26. The NSA Intercepts Millions of Images per Day for Facial Recognition

27. Anonymous No More: Sabu Walks

28. Google Starts Taking Removal Requests for EU ‘Right to Be Forgotten’ Law

Google Got 12,000 Requests To Be ‘Forgotten’ In The Service’s First Day

Google inundated with “right to be forgotten” requests

29. A “right to be forgotten” in Canada?

30. U.S. patent troll bill unsuccessful – what is the situation in Canada?

31. (U.S.) Supreme Court: To Be Valid, Patent Claims Must Provide Reasonable Certainty Regarding the Claim Scope

32. FCC comment site breaks after comedian asks trolls to fight “fast lanes”

33. Is Some Tech Too Addictive?

34. Is Nvidia Playing Fair With Their New Development Tools?

35. Cryptocurrency!

36. Don’t Fear the Network: The Internet Is Changing the Way We Communicate for the Better

37. The real 10 algorithms that dominate our world

38. He Said, He Said: the Comcast-Netflix Edition

39. Netflix Loves Big Data, But Won’t Use It To Make TV Shows

40. In a Reversal, Kickstarter Largely Ditches Rules and Human Moderation Requirements

41. Silicon Valley vs. Hollywood: Clash of the Corporate Cultures

42. Data Vs. Creativity: The Content Marketer’s False Choice

jon

Full Indie Vancouver (past & future)

A little over a month ago on Tuesday April 29, 2014, I had a great time speaking at one of Vancouver’s regular Full Indie events. Full Indie as an organization exists to provide a platform for independent game developers of all types to come together in a network of shared experiences, opportunities, knowledge and moral support. And clearly to have a blast while doing so.

Usually I would post an event like this on the site in advance. However the limited tickets to the monthly Full Indie events are essentially sold out as soon as they appear on-line. So there would have been little point to an advance post even if I had been totally on top of the timing (which I clearly was not). Fortunately there is an upcoming Full Indie Summit on August 9 & 10, 2014 (where I will also be speaking) at the Stanley Stage. Information on tickets etc. are available by clicking the image below.

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So somewhat belatedly, here is the video of my April presentation on originality in games as well as the related slides . Would like to acknowledge friend of the course Jennifer Kelly of Fenwick & West LLP who generously allowed me to remix and add to some of her slides in preparing this presentation.

https://www.youtube.com/watch?v=7m0iiWDnqZU

 

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jon

 

News of the Week; May 28, 2014

1. Zenimax Sues Oculus

+ Virtual Rift Leads to Legal Rift for Oculus and ZeniMax

2. Wolfenstein: The New Order clocks up 100,000 illegal downloads

3. Blizzard suing StarCraft II hackers

4. Nintendo Reveals Plan to ‘Share’ Revenue with YouTube ‘Let’s Play’ Video Makers

5. Timeline: The rise and fall of 38 Studios in Rhode Island

Caprio: Ratings agencies hands weren’t clean in 38 Studios deal

6. Former CEO of Atlus parent arrested for fraud

7. An Anti-Bullying Video Game Where Mean Kids Become Demons

8. Apple pulls Weed Firm from App Store

9. Vivendi sells another $850m in Activision Blizzard stock

10. Sony PlayStation Follows Microsoft Into China

Sony Forms Joint Ventures in China for PlayStation

11. Sony: PS4 “likely” to exceed profits earned from PS2

12. PCCC Video Compares Net Neutrality Proposal to ‘Laggy Video Games’

13. Why we behave like psychopaths in online games

14. Watch Dogs PR stunt causes evacuation of Australian news office

15. Darpa Turns Oculus Into a Weapon for Cyberwar

16. How One Video Game Became a Million-Dollar Professional Sport

17. Video games are the most fascinating medium ever created, David Cage says

18. Man Robs Bank, Buys Games at Walmart, Gets Caught

19. Meet The Man Who Keeps Making Up Fallout 4 Rumors

20. The domestication of digital games in the lives of older adults

21. “A Multiplayer Game Environment Is Actually a Dream Come True for an Economist”

22. 7 Gamecations for the Ultimate Nerdy Summer

23. Giants behaving badly: Google, Facebook and Amazon show us the downside of monopolies and black-box algorithms

24. Amazon Speaks on Hachette Book Battle: Everyone Negotiates Like We Do (Wink)

25. Why I’m ditching my Amazon account

26. Canada needs a royal commission on spying and privacy of Canadians

27. From Toews to Todd: The Unravelling of the Government’s Lawful Access Sales Strategy

28. ‘Gutted’ NSA reform bill passes the House, but sheds supporters

29. FBI withdraws national security letter following Microsoft challenge

30. China Pulls Cisco Into Dispute on Cyberspying

31Pentagon Report That Supposedly Shows How Much Harm Snowden Caused… Actually Shows No Such Thing

32. Government Seeks Seven-Month Sentence for LulzSec Leader ‘Sabu’

33. Google, Yahoo and others are getting fed up with government gag orders

34. Google’s Brin Says NSA Surveillance Revelations Were a “Huge Disappointment”

35. Facebook Wants To Listen In On What You’re Doing

36. E.U. Debates Which Nation Will Regulate Web Privacy

37. You Are Not a Digital Native: Privacy in the Age of the Internet

38. Twitter caves to Pakistani “blasphemy” censorship requests

39. Microsoft sues Siberian bank for copyright infringement

40. Legislation to Protect Against ‘Patent Trolls’ Is Shelved

41. An Open Letter on Feminism In Tech

42. Wake me up before you Indiegogo: legal issues with crowdfunding

43. Microsoft’s Skype “Star Trek” Language Translator Takes on Tower of Babel

jon

Video Game Law talk to the University of Auckland (& beyond)

Thrilled to have been asked by the University of Auckland (New Zealand) Video Game Club to give a talk – remotely, wish I had been there – on Video Game Law. The event happened on Wednesday May 21 at The Business School, The University of Auckland. Had a great time doing it.

The talk was live-streamed and also recorded.

Click on the image to link to the event’s Facebook page.

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The captured livestream is available below:

Slides are here:

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jon

News of the Week; May 21, 2014

1. Nintendo Wins Patent Lawsuit Against Wall Wireless

2. Philips alleges Nintendo patent infringement

3. Hex card game sued for infringing Magic IP

4. With Twitch Acquisition Talks, Validation of Games as Spectator Sport

5. You Can Try a Demo of Kabam’s New Videogame … On YouTube. What?

6. Microsoft offering refunds on Xbox Live Gold

7. It’s Run and Gun Time with Kim Jong Un in ‘Glorious Leader’

8. Far Cry 4 already playing with fire

9. Army’s new training shooter makes out of shape soldiers look fat

10. The vagina that scared Apple

11. Op-ed: It’s time for Nintendo to move beyond white characters

12. With Virtual Currency Giveaway, EA Tests New Type of iOS Promo

13. The gamification of buying games

14. As It Brings Its Mobile Game to China, Betaworks Reconnects the Dots

15. McDonald’s World Cup Promo Uses Augmented Reality to Turn French Fry Boxes Into Soccer Fields

16. Oculus Rift coming to Chuck E. Cheese’s

17. EVE Online And The Big Game Hunters

18. PS4 outsells Xbox One in April for fourth consecutive month

Sony’s still on track despite tough figures

19. Watchdog Group Report Concludes That New Consoles are Power Hogs

20. The Rise of Nintendo: A Story in 8 Bits

21. The Inside Story of Oculus Rift and How Virtual Reality Became Reality

22. A visit to Galloping Ghost, the largest video game arcade in the USA

23. Data Pirates of the Caribbean: The NSA Is Recording Every Cell Phone Call in the Bahamas

24. Secrets, lies and Snowden’s email: why I was forced to shut down Lavabit

25. Irony Alert: US Filing Criminal Charges Against China For Cyberspying

26. Photos of an NSA “upgrade” factory show Cisco router getting implant

In Letter to Obama, Cisco CEO Complains About NSA Allegations

27. Your Secret Stingray’s No Secret Anymore: The Vanishing Government Monopoly Over Cell Phone Surveillance and Its Impact on National Security and Consumer Privacy

28. (Canadian) Spy program suspended for being too aggressive

29. The “right” to be removed from Google: what the big EU decision means and the reaction so far

What we can salvage from ‘right to be forgotten’ ruling

Politician and paedophile ask Google to ‘be forgotten’

Will Europe’s “Right to be Forgotten” cross the pond to Canada?

30. Google Can’t Forget You, But It Should Make You Hard to Find

31. Apple May Be Liable For Privacy Violations by Third Party Developed Apps

32. The End Of Maximalist Copyright?

33. The Copyright Board of Canada Music Streaming Decision: The Good, the Bad, and the Ugly

34. How Much Copyright Protection Should Source Code Get? A New Court Ruling Reshapes The Landscape

35. We Need a Legal Framework for Biohacking Our Brains

36. Competition Bureau Recommends New Regulations To Address Wireless Competition Concerns

37. FCC Proves Yet Again That It’s Out to Kill Net Neutrality

38. Rogers explains why it came last in Netflix rankings

39. Shocker: Cable TV prices went up four times the rate of inflation

40. The Judge that Apple Hates

41. Bitcoin Foundation Hit by Resignations Over New Director

42. Forget the 3D Printer: 4D Printing Could Change Everything

43. Internet Addiction: Real or Virtual Reality?

44. Big Brother teams up with TMZ: How celebrity culture is hastening privacy’s digital demise

jon

News of the Week; May 14, 2014

1. Nintendo’s anti-gay cop-out: Why its demented same-sex ban is no game

Nintendo Apologizes for Response to Same-Sex Controversy

2. The Sims 4 rated 18+ in Russia for same-sex relationships

3. The Glorious History Of Video Game Panics

4. Research: 26 Percent of Men Use Opposite Gender Avatars in MMOs

5. Always Sometimes Monster’ Maker Urges GLAAD to Honor Games in its Media Awards

6. Capcom promoting female employees in an effort to recognize diversity

7. Report says Chinese authorities are banning bikinis in video games

8. CCP Punishes Eve Online Monument Vandals

9. Federal Court Rejects Facebook, Zynga Privacy Lawsuit Appeals

10. Gamers More Likely To Consider Themselves Independent And Support A Variety Of Policies Based On Free Choice

11. Sega’s gaming business rebounds

12. Tencent banks $1 billion in Q1

13. Sony executives to return bonuses

14. EA execs sell shares

15. EA confirms 50 games going offline

16. Microsoft: Xbox Live is bigger than DirecTV

17. Microsoft Cuts Xbox One Price to $399 Without Kinect, Will Put Media Apps in Front of Paywall

18. Epic announces crowdsourced dev model for next Unreal Tournament

19. Take-Two CEO open to buying more studios

GTA V ships 33 million, boosts Take-Two’s income to a record $361m

20. Australian Government Redirects $10 Million Meant for Australian Interactive Games Fund

21. The Birth of the $60 Billion Videogame Industry

22. Are Video Game Publishers Becoming Irrelevant?

23. From Paper to iPad, Pixel Press Turns Drawings Into Videogames

24. Sony’s Project Morpheus brings virtual reality to mainstream console gaming

25. I’ve Been Playing ‘Snood’ for 14 Years, and It Won’t Stop Insulting Me

26. The Untold Story of How Sega Nearly Won the Console Wars

27. The Wizard of Minecraft

28. Edward Snowden Sees Himself As A Video Game Hero

29. The Mystery of Go, the Ancient Game That Computers Still Can’t Win

30. Government snooping on social media may breach Privacy Act

31. ‘We Kill People Based on Metadata’

32. Protecting Privacy Through Copyright Law? by Pamela Samuelson

33. Your memories are negotiable: How science is making “Eternal Sunshine” a reality

34. Snapchat Settles FTC Charges on False Promises of Disappearing Messages

35. E.U. Court Orders Google to Grant ‘Right to Be Forgotten’

36. The facial recognition databases are coming. Why aren’t the privacy laws?

37. The Move Toward Computing That Reads Your Mind

38. Appointment of New Copyright Board of Canada Chair Offers Chance for Change

39. Oracle wins Android-Java copyright appeal: API code copyrightable, new trial on fair use

+ Link to Oracle v. Google USCA decision

Why Oracle’s Copyright Victory Over Google Is Bad News for Everyone

40. Guarding against abuse: Restoring constitutional copyright

41. Netflix Speed Rankings Raise Rogers Internet Traffic Management Questions: What Did It Know & When

42. Complaints About Net Neutrality Flooding the FCC

Comcast is the one who should pay for network connections, Cogent claims

Vi Hart Explains & Defends Net Neutrality in a New Doodle-Filled Video

Web Hosting Service NeoCities Throttles FCC Over ‘Net Neutrality’ Proposal

43. How Big Cable is organizing against net neutrality

44. Netflix comes through with price hike after struggles with Comcast, Verizon

45. Defending the Open Internet

46. Comparative Study Of National Approaches To Internet Intermediary Liability

47. What Happens When You Break Up With Facebook: Nothing

48. Can You Take a Security Interest in Bitcoin?

49. Talking Turkey: Twitter’s Top Lawyer Fights for Free Speech, Revenue

jon

News of the Week; May 7, 2014

1. Zenimax claims ownership of IP created by John Carmack that powers Oculus Rift [Updated]

Oculus “disappointed, but not surprised” by Zenimax claims

Oculus, ZeniMax trade accusations in VR technology ownership dispute

2. Valve refunding Earth: Year 2066 customers

3. Wolfenstein: The New Order to be Censored in Germany and Austria

4. Nintendo says no to same-sex relationships in new sim game

5. Nintendo Sinks to Loss on Lagging Wii U Sales

6. Level 3 claims six ISPs dropping packets every day over money disputes

7. After 32 Years, Small Massachusetts Town Votes to Lift Arcade Games Ban

8. Pro League of Legends Player Suffers Collapsed Lung, Continues to Play Anyways

9. Connecticut Lawmaker Calls for Warning Labels, Sin Tax on Video Games (Again)

10. Australia Considers Automating Classification Process for Games, Film and TV

11. Rhode Island Lawmaker Received Death Threat for Investigating 38 Studios Loan Deal

12. Can you tell a person’s gender by their video-game avatar?

13. EA sales dip as year ends

14. Mobile Game Revenue in China Expected to Rival U.S. in 2014

15. Lionsgate launching games division

16. Activision backs Destiny with $500m launch investment

17. Glu Mobile Acquires PlayFirst

18. Neversoft folded into Infinity Ward

19. Turtle Rock Community Manager Weighs In On Donald Sterling Situation, Gets Fired

20. EA nearing deal to stream games via Comcast – report

21. The Man Who Disposed of 750,000 Atari Games

22. Computer Technology Is Reviving the Board Game

23. What Do You Owe Your Backers on Kickstarter?

24. Canadian Telcos Asked to Disclose Subscriber Data Every 27 Seconds

Statement from the Interim Privacy Commissioner of Canada regarding telecommunications companies’ responses to information requests from government authorities

Why Have Canada’s Telcos Failed to Notify Subscribers About Disclosing Their Information?

Responding to the Crisis in Canadian Telecommunications

25. Facial recognition: is the technology taking away your identity?

26. Tech Companies Increasingly Telling Users When Law Enforcement Comes Asking For Data

27. Russia Quietly Tightens Reins on Web With ‘Bloggers Law’

28. Yahoo is the latest company ignoring Web users’ requests for privacy

29. App changes its privacy policy ten days after Facebook acquisition

30. 3 Ways Big Data Is Going To Be Used Against You In The Future

31. Big Data: Seizing Opportunities, Preserving Values (Executive Office of the President)

32. Competition Bureau releases draft updated Intellectual Property Enforcement Guidelines

33. What Exactly Are You Implying?’: The Elusive Nature of the Implied Copyright License

34. Jury Orders Samsung to Pay $119 Million to Apple in Patent Case: Damages Are Far Short of the $2.2 Billion Apple Had Sought

Google a Winner in Apple-Samsung Verdict

There’s No Dancing in Streets of Cupertino After Latest Apple-Samsung Verdict

35. I sold out to China: You know that censorship has won its war on truth-telling when journalists happily police themselves

36. WeRobot 2014 Conference Videos

jon

DOXA Documentary Film Festival/SFU Philosophers’ Cafe

Will be moderating an SFU Philosphers’ Cafe event associated with the DOXA Documentary Film Festival. The seesion is called “Even Bigger Brother” and is on May 5, 2014, 7 PM at The Vancity Theatre, 1181 Seymour Street.

More details below:

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jon

New Developments in Communications Law and Policy; 17th Biennial Conference

Was thrilled to be  among many old friends while speaking at the Law Society of Upper Canada’s biennial communications law and policy conference, which this year was in Ottawa. Every time I attend this conference, am reminded of how important it is  to bring together lawyers of diverse perspectives and focus us on finding ways to move law and policy constructively forward. Appeared on a panel called “And Now For A Word…With the Audience. Social Media: Disruption and Opportunity“. The panel description was “Social media is an agile, immediate source of news, information, opinion and content. It has the ability to break down areas of interest more finely than the narrowest niche broadcast services. To what extent is social media displacing TV and radio as the “mass media middleman”? To what extent is social media enhancing “traditional” broadcasting, or even integrating into it? The CR TC has suggested that social media can be leveraged to help support its policy objectives. Is regulation far behind? This panel will look at how social media is changing the conversation, for broadcasters, their audiences, and the Commission.  Moderator: Margot Patterson, C.S. , Counsel, Dentons Canada LLP. Paper: Jonathan Festinger Festinger Law & Strategy. Panellists: Raja Khanna , CEO , Television & Digital, Blue Ant Media Inc.; Jason Kee , Public Policy & Government Relations Counsel, Google Inc.; Bryan Segal , Vice President, comScore Inc.” The link to the conference site is here: https://ecom.lsuc.on.ca/cpd/product.jsp?id=CLE14-0050199 As you will see there were many amazing panels including a plenary session moderated by Sheridan Scott who was a guest in our course this past year. A version of my background paper (more of a graphic novel styled survey of issues really) is below. The connections to Video Game Law lie within – more proof that what appear to be the pressing issues of today are often questions navigated by and through video games years ago.

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Thanks to Larry Bafia, my colleague at the Centre for Digital Media, for his help and suggestions (all of which are reflected). The somewhat updated (& shorter) Presentation Notes that I actually spoke to can be found here:

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jon