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Talk @ Georgia Tech, 9/19/13

Am very honoured to be speaking at Georgia Tech this coming Thursday September 19, 2013. Details of the talk in Georgia Tech’s announcement below.

Festingerjon

Week 2 – 9/11/13: “If Picasso had..” & Roch Ripley Part 1

Here is Week 2. Major points (but no marks) for finding Roch. Am certain this was simply an homage to the “Easter Egg” meme that prevails in video games.  Thankfully Roch has an awesome voice, so theatre of mind works just fine 😉 Related to this is the fact that in experimenting with the video, zoomed in a bit compared to last week. Surprise was that because the system has a digital lens, this resulted in some loss of resolution.

As with last week, the video and slide links below are:  1.Click-through to full size MediaSite player (video & slides); 2. Embedded MediaSite player (video & slides) but not expandable to full size – particularly great in background for audio only; 3. YouTube version (no slides); 4. Jon & Roch’s Slides for download. No 23 second loss of audio this week…

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jon

Philosophers’ Café | “Digital Media as Surveillance” 9/16/13

As mentioned in class, Dr. Richard Smith & I will be moderating a “Philosophers’ Cafe” for SFU on Monday September 16. 2013 at 7 PM at the Roundhouse Community Arts & recreation Centre, 181 Roundhouse Mews.The topic is “Digital Media as Surveillance”, and yes we came up with the topic months before the Snowden revelations.

No one from the class should feel any remote  obligation to attend but you are of course more than welcome. A bit more detail in the link below:

Philosophers’ Café | Digital Media as Surveillance – Continuing Studies – Simon Fraser University.

jon

News of the Week; September 11, 2013

1. Microsoft Wins Big in Motorola Patent Case

2. The Penny Arcade Controversy That Will Not Die

3. Copyright Law and Video Games: A Brief History of an Interactive Medium by Prof. Greg Lastowka

4. Touchdown for video game producer over football players false endorsement claim

5. Tattoo Artist Looks to Show Value of Copyright Claim Against Videogame Publisher

6. Ouya’s Uhrman defends Free the Games Fund

7. Are Video Game Companies Next In Line For Copyright Termination Battles?

8. U.S. Patent No. 7,530,895: Method for advancing network game by group competition

9. Dr. Keith Ablow Talks Video Game Warning Labels on Fox & Friends

10. The Real Costs of a Video Game or App Copyright Infringement claim

11. Court Says Privacy Case Can Proceed vs. Google

12. Many of Web’s Encryption Tools Compromised by N.S.A.

+ Privacy and Big Data (Stanford Law Review symposium of articles)

+ NSA spying, cyber security and liability under Canada’s anti-spam spyware law CASL

13. Lawrence Lessig files copyright suit over “bad faith” DMCA takedown notice 

14. Google in Fight Over Content That Appears in Search Results

15. Spotify Sued Over User-Created Playlists

16. SEC has jurisdiction over investments in Bitcoin

17. Top 10 New IP Paper Downloads

jon

 

 

Sport, or not a sport…

e-Sports in action - Source: Venturebeat
I admit I bit my tongue during class when Jon brought up the matter of whether or not video games were sports. I would put sports at the top of the list of polarizing subjects, jostling for position with religion and politics; debates over contentious issues in sports are no less heated than those related to, say, sex or war. My point is that this topic is one that will not (and cannot) come to a clear resolution; things will get heated, tears will be shed and we won’t budge an inch.

 

Thankfully we all love a spirited discussion and this is the kind of quagmire we call home.

 

Inspired by Tax class, I thought I would start by taking a look at Canadian legislation and see what it had to say about sports. Surely the Canadian Physical Activity and Sport Act, of all things, would have a satisfactory definition of what a “sport” is. The act uses the word “sport” no fewer than fifty times, but does not provide a definition. Section 36 states that the Governor in Council defines the expression “sport” by regulation – Google came up empty, so I changed tack.

 

Next up: Sport Canada, part of the Department of Canadian Heritage. Thankfully they provide a workable definition within their Sport Funding and Accountability Framework: “Sports is a regulated form of physical activity organized as a contest between two or more participants for the purpose of determining a winner by fair and ethical means. Such contest may be in the form of a game, match, race, or other form of competitive event.”

 

This definition continues, stating that sport is government and sanctioned by a governing body that regulates rules of play, designating winners and awarding championships. Sport Canada has established that a sport should meet certain characteristics, including:

  • Physical interaction between participants and the environment
  • Specialized neuromuscular and cardio-vascular skills, involving large muscle groups or those which the individual has the ability to utilize, and which can be taught, learned and improved
  • An established process for long-term athletic development
  • Requires fair, ethical and effective tactics and strategies
  • Requires competitive format, sanctioned by a governing body for the sport at a national or world level, open to all participants

 

So, where does this get us? For one, sports should be competitive and regulated; they involve more than one person and the purpose is to determine a winner (wait – can’t you tie in soccer? – I guess I was right…). Still, as we are talking about video games, the physical requirement is the elephant in the room.

 

 

I suppose this illustrates what may already be obvious: the crux of the issue is whether or not video games are ‘physical’ activities. You can get lost down this rabbit hole – I say sports require dexterity, coordination, quick reactions; you say, so does typing or playing piano and yet neither are physical activities.

 

Interestingly, the International Olympic Committee’s Evaluation Criteria for Sports and Disciplines has no mention of a physical requirement for sports. Rather, the IOC’s criteria focus on the competitive structure, history and popularity of the activity. However, much to the chagrin of chess enthusiasts, the IOC excludes what it calls ‘mind sports’ from eligibility; these include “sports where the physical elements are not necessarily performed by the player in the conduct of the competition.” Funny enough, the IOC also admits that “while making reference extensively to ‘sports’, the Olympic Charter does not provide a definition of a sport” and that “there is no global definition of what constitutes a sport.” So it seems we are not the only ones confused!

 

Perhaps this leads us to an unsatisfying end: deciding what is and what is not a “sport” may be truly subjective. If we follow the definition from the Federal Government, video games, no matter how competitive, will likely fail on the physical exertion standard. Then again, I’m sure the World Darts Federation would have something to say about the fed’s exclusion of darts. Maybe the IOC has the right approach: not actually defining “sports” and instead classifying different species of activities – which seems like more of a cop out than anything.

 

For you video game evangelists, there might be hope after all. Unlike their western counterparts, the Korean government has taken a more progressive stance on the inclusion of video games as sports. In 2000, the Korean e-Sports Association (KeSPA) was formed with approval from the Korean Ministry of Culture, Sports and Tourism. KeSPA’s mandate is to promote e-Sports as a sporting event, as its official governing body. So while the jury may be out in much of the world, the case is already closed in Korea.

Source gosugamers.com

 

 

Penn Law IP Symposium 03.29.13 UGC Panel

In March I was honoured to make a presentation and be on a panel with Mark Methenitis at  Penn Law School’s annual IP Symposium The Symposium was Creation Nation: IP and the Rise of Prosumerism. Our panel was on User Generated Content. Our moderator is our guest in the course for October 2, 2013, Prof. Greg Lastowka of Rutgers Law.

The full program is viewable here:

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Link through to the video of our session below:

Download Jon’s Slides

This and the other sessions from the Symposium can be found under “Resources/Copyright & IP”.

 

jon

1st Post to Paper Talk (paper categories)

In class on Wednesday we had a brief discussion about how to inventory and keep track of possible paper topics. So you will notice a new menu item on the website “Paper Talk”. Here anyone in the class (or last year’s class) can post new ideas and anyone can comment on them. Will certainly do my best to keep track of and post ideas as they come up.

Following is a break down categories from last year’s papers as they reasonably represent traditional paper topic areas. Will also add a few thoughts on emerging topics.

Traditional Topics (note all of theses can be prefaced by “Legal aspects of..”)

*Violence in games – various takes on the Scwarzenegger case and it’s antecedents, usually with a particular focus on how games might be regulated.

* Freedom of creator/gamer expression in games.

*Copyright in games as a sport

* Mods

*Women in games

* Virtual property

*Video-game financing (crowd-funding emphasis)

* Patent trolls

*The patent system & the future of games

*Moral rights

*Augmented reality games

*Gambling and/in games

*Games as art

*Games as services

*Privacy, identity, on-line content sharing and games

Some Emerging Topics

The areas I see as most emergent are oddly related. They include:

*Virtual reality by merging real-world and gaming (“Ingress”)

*Virtual reality through devices (“Occulus Rift”)

*Surveillance through games and gaming hardware

jon

 

 

Week 2 Guest Speaker Roch Ripley

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Roch Ripley is a great friend, co-author of the 2nd Edition of Video Game and as an Adjunct in this course last was very helpful in supporting the creation of the 2.0 version of Video Game Law. He will be speaking to you in the second hour this coming Wednesday (Sept. 11, 2013) and sharing his perspectives on video game law. He also is also a fan of  the Street Fighter video game series.

To borrow from the Gowlings bio of him:

“His practice focuses on protecting and monetizing technology. His areas of expertise include computer-implemented and software technologies, 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, performs due diligence related to financing technology companies and enforces intellectual property rights against infringing parties.ARTICLES, 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

News of the Week; September 4, 2013

1. Evolving case law on the fair use of famous trademarks in video games

2. Report: Rayman Legends for PS Vita Missing 28 Levels

3. The best (legal) way to enjoy classic game cartridges

4. Examined, the Virtual Life Is Worth Living

5. Amazon Infiltrates the Android Game Market to Sell You Stuff While You Play

6. Iranian ‘League of Legends’ tournament bans female characters

7. Examined, the Virtual Life Is Worth Living

8. Use of Online Data in the Big Data Era: Legal Issues Raised by the Use of Web Crawling and Scraping Tools for Analytics Purposes

9. Microsoft moves forward with NSA surveillance lawsuit after government negotiations stall

10. B.C. privacy commissioner has a passion for data protection

11. HTC’s top designers reportedly in custody after stealing trade secrets

12. Texting drivers in NJ? You might be liable for their car crash

13. The lawyers hackers call – Meet the team defending Matthew Keys

14. Displair makes a touchscreen out of thin air (photos)

And in the “REALLY?????” category:

15. Director Uwe Boll wants Kickstarter to help make ‘Postal 2’ because no one else will

jon

Space Battle

Further to our talk today, here is what the most epic Eve Online battle looked line. Fascinating for us geeks. Perhaps not so much otherwise…

The mass scale of simultaneous digital interactivity is impressive. Though no hardcore legal issues manifested out of this battle, if you look carefully at the ethos and history of Eve Online you will find  lots to sink your teeth into. Here is a link to a page full of further links to academic scholarship that is all about Eve: http://eveonline.gamescholarship.org/eve-online-literature/

jon