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  • The Cloud

    The “cloud” has come to mean the storing and accessing of data (including programs) over the internet rather than on on our device (computer, phone or otherwise). The official definition of the U.S. National Institute of Standards and Technology is: “Cloud computing is a model for enabling convenient, on-demand network access to a shared pool of […] Read More

California district judge allows state to preserve net neutrality

https://www.theverge.com/2021/2/23/22298199/california-net-neutrality-law-sb822

Net neutrality took a beating in the states a few years ago, and though California largely repaired the law at a state level it was prevented from enforcing it by various lawsuits from the telecom industry. A new decision by district judge John Mendez just denied the final injunction standing in California’s way.

Whether the Biden administration will reintroduce net neutrality at a national level is another question.

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Class 6 2021 Slides & Video – “Communications Law: Solutions – Part 1”

Below you will find slides and video of this week’s “light-board” class. Had things gone well then the better part of my technological incompetence would have been edited out…Didn’t happen. I failed at iMovie. Will keep trying. Meanwhile , at the very least skip from 46:05 to 57:49!!!

Jon

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Apologies

Further to Professor Festinger’s unwillingness to accept facebooks repeated privacy violations and hackneyed apologies, I wanted to look at organizational responses to public outcry. The article I found is out of the Harvard Business Review is a step-by-step guide: https://hbr.org/2015/09/the-organizational-apology. A quote I found especially interesting:
“For many years, medical professionals were advised not to apologize when they made mistakes that hurt or even killed patients, because doing so might make the hospital vulnerable to a malpractice lawsuit. But research has revealed that when some hospitals began allowing doctors to offer apologies to patients and families, or even made apologizing mandatory, the likelihood of litigation was reduced.”

In most recent memory, a month ago Chewies Oyster Bar & Grill was burned at the stake for captioning an instagram “Can we get a couple skinny bitches at the bar please…”. After a long and heated debate, they released two apologies (because the first was deemed insufficient by the mob) and a lengthy post detailing the situation and their response to it (which can be seen on reddit here): https://www.reddit.com/r/vancouver/comments/l0ofl7/vancouver_drama_chronicles_chewies_restaurant_and/

I would be very interested to see some real statistics on apologies and the public’s willingness to accept these offerings.

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Flipboard: The greatest App on my iPhone

I was filling out Christine’s survey re: Misinformation and thought I should share this with you all before I forget.

During the Trump debacle, I was frustrated with how to go about sourcing news articles. I found it easy enough to google CNN/ABC/etc but I still wanted to see what other, less familiar, articles were out there (yeah, and out of curiosity – the controversial ones too). There was all this talk about misinformation and I wanted access to ALL information, instead of having to flit around and piece together what I thought was going on down there. Note: I don’t have Twitter. It bugs me.

Long story short, I found this app: Flipboard. Here is the Google link, if you are interested:

https://play.google.com/store/apps/details?id=flipboard.app&hl=en_CA&gl=US

This app lets you choose what you’re interested in. Whether that’s American Politics, stocks, tech, the SCC, … anything, you can piece together what it is you want to see. What I really like is that you can pull news articles from all around the globe. It’s a neat way to follow politics globally instead of relying on your home country to tell you what’s worth noting abroad. Plus you can tune in to various news networks all covering one subject in order to help with your own fact checking. A “broaden your horizon” sort of ordeal.

I strongly encourage everyone to check it out. You may get an ad here or there (what else is new?) but I find myself flipping through this app more than I do most others and it’s been a blessing during these crazy times.

Kim

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Facebook restores access to news pages in Australia after a week-long blackout

Hi class,

Building on the most recent News of the Week over Facebook’s decision to blackout access to both Australian news on the international scale and news pages on Facebook in Australia, an agreement has been reached between Facebook and the Australian Government. To summarize, Australia has been at the forefront of the news recently when it announced new legislation that will force internet content providers to pay news outlets for access to their content. Suffice it to say, Australia has agreed to amend some terms in the legislation. Internet content providers, such as Facebook, will maintain control in deciding whether news content will appear on Facebook. This begs the question on competition law, i.e. whether small news outlets will have the same opportunities for online access as a larger news outlet.

Facebook to restore news pages in Australia after striking deal over content law

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World’s first two Bitcoin ETFs launch in Canada

Hi everyone! This past week, the world’s first and second Bitcoin exchange traded funds – the Purpose Bitcoin and Evolve Bitcoin ETFs respectively – launched in Canada on the Toronto Stock Exchange.

You can read Global BC’s article about the Purpose Bitcoin ETF here: https://globalnews.ca/news/7648201/bitcoin-etf-tsx-debut/

…and Yahoo Finance’s article on the Evolve ETF here:
https://ca.finance.yahoo.com/news/north-americas-second-bitcoin-etf-launches-in-canada-today-164700144.html

I think it’s worth keeping an eye on these launches because as cryptocurrency offerings become more prevalent on mainstream markets, the communications law surrounding them will be ripe for rapid development and change. It’ll be interesting to see what information the companies backing these funds will be required to disclose regarding storage and security methods, the extent to which retail investors should have access to this information, and whether standards will develop and evolve to allow investors to more easily differentiate between an increasing assortment of funds for different cryptocurrencies. It’s encouraging that Canada seems to be at the forefront of these developments!

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AI used to make psychedelic mushrooms and edibles

I found a post I wanted to share – there is a company using AI technology to create psychedelics mushrooms and edibles – thought it was quite an interesting concept!
https://ca.proactiveinvestors.com/companies/news/941952/aion-therapeutic-meet-the-team-using-artificial-intelligence-to-create-a-full-lineup-of-psychedelic-and-cannabis-therapies-941952.html

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A Presentation on Disinformation

Hello Class!

In preparation for my audio PowerPoint presentation, I would love to able to get some class feedback on how each of us chooses to engage with the information we consume. Below you will find a link to a brief 2-question survey. The survey is intended to measure, not just how we stay up to date with current affairs, but how we use information to remain engaged with ourselves (i.e. our likes, dislikes, hobbies or passions) and others. I intend to post my presentation on the week of the 8th of March with the results of the survey. Thank you guys for your time – I truly appreciate it and I am excited to see the results!

https://www.surveymonkey.com/r/2SN5P29

Christine I.

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News of the Week; February 17, 2021

COMMUNICATIONS

  1. Vancouver’s TSN 1040 off the air after Bell suddenly pulls the plug: Vancouver’s most popular sports radio station shut down Tuesday morning, surprising fans and staff alike
  2. Bell abandoning all-sports format at radio stations in Vancouver, Winnipeg, Hamilton
  3. Why Laid Off Bell Sports Journalists Should Form A Worker Co-op: We cannot rely on legacy corporate media to save the journalism industry. It’s time to build something better.
  4. Circumventing Parliament: How Bill C-10 Dramatically Reduces Parliamentary Oversight and Review Over Broadcast Policy (Michael Geist)
  5. Texas Power, Phone Outages Again Highlight How Infrastructure Underinvestment Will Be Fatal Moving Forward
  6. Ajit Pai Tried To Strangle A Broadband Aid Program For Low Income Americans. Then A Pandemic Hit.
  7. State Laws Restricting Community Broadband Are Hurting US Communities During The Pandemic
  8. Are Social Media Services “State Actors” or “Common Carriers”? (Eric Goldman)
  9. FCC to Hold Hearing to Determine What Felony Conviction of Station Owner Means for License Renewal – What Does the FCC Character Policy Require of Broadcast Applicants?
  10. The Return of the Fairness Doctrine – What it Was and Why it Won’t Return
  11. The digital divide is giving American churches hell
  12. Dumb New GOP Talking Point: If You Restore Net Neutrality, You HAVE To Kill Section 230. Just Because!
  13. AT&T scrambles to install fiber for 90-year-old after his viral WSJ ad
  14. A 90 Year Old Shouldn’t Have To Buy A $10,000 Ad Just To Get AT&T To Upgrade His Shitty DSL Line
  15. Cox cuts some users’ uploads from 30Mbps to 10Mbps—here’s how to avoid it
  16. Frontier raises sneaky “Internet Infrastructure Surcharge” from $4 to $7
  17. Annoyance Builds At Elon Musk Getting A Billion In Subsidies For Starlink Broadband
  18. SpaceX plans Starlink phone service, emergency backup, and low-income access
  19. SpaceX Starlink passes 10,000 users and fights opposition to FCC funding
  20. FCC Prepares to Auction AM and FM Radio Construction Permits, Seeks Comments on Procedures
  21. Louisiana AG Sues Journalists To Keep Them From Obtaining Documents Detailing Sexual Harassment By Top Prosecutor
  22. CAN-SPAM Requires Falsity or Deception, But What Do Those Words Mean?–Rad v. US
  23. Kang v. PF Chang’s, Inc.: Reasonable Consumer Deception, or Just a “Crabby” Plaintiff?
  24. Who is leading the 5G patent race? A patent landscape analysis on declared SEPs and standards contributions
  25. A reckoning for the paparazzi and tabloid media

DIGITAL

  1. Beyond Defamation: Ontario Court Recognizes New Tort of Internet Harassment
  2. Expanding the Courts’ arsenal to combat online abuse – The new tort of harassment in Internet communications
  3. Conservative News Outlet Ordered To Pay More Than $250,000 In Legal Fees To Rachel Maddow, MSNBC
  4. Trump’s False Posts Were Treated with Kid Gloves by Facebook 
  5. Facebook goes nuclear, banning all news posts in Australia
  6. Big Tech opens wallet for publishers as Australian news code looms
  7. Google and Facebook grapple with news publishers, as Australia becomes a test case
  8. The Internet Is Splintering
  9. The world’s second-most popular desktop operating system isn’t macOS anymore
  10. Posing as Amazon seller, consumer group investigates fake-review industry
  11. There won’t be blood: Apple is making its syringe emoji a vaccine dose
  12. New report on Apple’s VR headset: 8K in each eye, potential $3,000 price tag
  13. Apple’s car project could put it on a collision course with Tesla
  14. New York Administrative Law Judge Determines That Online Security Services Are Subject to Sales Tax
  15. State lawmakers override veto, become first in nation to tax online ads
  16. Biden Administration Presses Pause on WeChat and TikTok Appeals
  17. Biden Administration Asks Federal Courts to Pause TikTok and WeChat Cases
  18. Twitter CFO Says Trump Is Banned In Perpetuity, Even If He Runs For Office Again
  19. Facebook has been helping law enforcement identify Capitol rioters
  20. Facebook Blocks News Viewing, Sharing In Australia, Faces Backlash From Emergency Services
  21. Zuckerberg responds to Apple’s privacy policies: “We need to inflict pain”: Meeting between Zuckerberg, Cook “resulted in a tense standoff.”
  22. Insights: Apple And Facebook Are Fighting For The Future As Much As For Now
  23. Inside the Making of Facebook’s Supreme Court: The company has created a board that can overrule even Mark Zuckerberg. Soon it will decide whether to allow Trump back on Facebook.
  24. The Copia Institute To The Oversight Board Regarding Facebook’s Trump Suspension: There Was No Wrong Decision
  25. Zuckerberg’s Grand Illusion: Understanding The Oversight Board Experiment
  26. Why We Filed A Comment With Facebook’s Oversight Board
  27. United States: towards the end of Internet intermediary immunity?
  28. New details emerge about Google’s payments to link to French news sites
  29. Why young designers are using social media to shame fast fashion copycats
  30. Twitter & India Still Arguing Over Whether Or Not Twitter Accounts Supporting Farmer Protests Need To Be Removed
  31. Instagram bans top anti-vaxxer Robert F. Kennedy Jr. over COVID falsehoods
  32. Orrin Hatch, Who Once Wanted To Destroy The Computers Of Anyone Who Infringed On Copyrights, Now Lies About Section 230
  33. Content Moderation Case Study: Valve Takes A Hands Off Approach To Porn Via Steam (2018)
  34. Content Moderation Case Study: Google ‘Removes’ German Residences From Street View By Request (2010)
  35. Section 230 Protects App Store from Liability for Apps With Loot Boxes–Coffee v. Google (Eric Goldman)
  36. Section 230 Applies to Articles by Huffington Post Contributors–Page v. Oath (Eric Goldman)
  37. Nvidia wants to buy CPU designer Arm—Qualcomm is not happy about it
  38. Nvidia acquisition of Arm under fire from Microsoft and Google
  39. Prosecutor charges former phone company employee in SIM-swap scheme
  40. WhatsApp messages – who is in control?
  41. Google flags its iOS apps as “out of date” after two months of neglect
  42. Top 50 Most Viewed YouTube Channels Worldwide Last Week
  43. Top 50 Most Viewed U.S. YouTube Channels Last Week
  44. YouTube’s ‘Shorts’ TikTok Clone, With 3.5 Billion Daily Views, To Arrive In The U.S. This March
  45. YouTube Launches Bi-Weekly ‘Shorts Report’ To Bolster Its TikTok Competitor
  46. YouTube TV Readies Add-On Package With 4K, Offline Viewing, Unlimited Concurrent TV Screens
  47. YouTube Unveils 2021 Originals Slate Featuring Markiplier, Marques Brownlee, Jake Roper
  48. YouTube Will Expand Tipping Tool ‘Applause’ To More Channels, Is Testing Ecommerce Feature For Creators
  49. TikTok’s U.S. Ad Business Grew 500% In 2020, It Says
  50. ASA continues crackdown on influencer #ads as Love Island’s Luke M is the latest to fall foul of advertising rules
  51. SAG-AFTRA Ratifies New ‘Influencer Agreement’ Covering Creator-Generated Branded Content
  52. Grace Helbig, Mamrie Hart To Catch Up With OG YouTubers In Limited Podcast ‘How Ya Been?’
  53. Collectibles Marketplace Goldin Auctions Raises $40 Million, Pacts With Logan Paul For Pokemon Card Event
  54. Charli D’Amelio Builds On Dunkin’ Donuts Alliance With Second Signature Coffee Drink
  55. Emma Chamberlain Named Spokesmodel For PacSun
  56. This Week In Social Video: Super Bowl (Ad) Shuffle
  57. Disney+ Closes 2020 With 94.9 Million Subscribers, Expects To Hit 230 Million In 2024
  58. Apple TV+ acquires a “sci-fi courtroom drama” about a murderous robot doll
  59. After the failure of the Facebook Phone, get ready for a Facebook Watch
  60. Parler’s Found A New Host (And A New CEO)… For Now
  61. Parler says it’s back without “Big Tech” after being kicked off Amazon
  62. When Can Plaintiffs Serve Process Via Online Methods? ¯\_(ツ)_/¯
  63. Internet Law Year-in-Review for 2020 (Eric Goldman)
  64. An anniversary for great justice: Remembering “All Your Base” 20 years later

A.I.

  1. AI Update: USPTO Releases Report on Growth of Artificial Intelligence Applications
  2. IP law and strategy for AI – A European perspective
  3. AI Hiring Tools Present New Risks: What’s Next in the US
  4. Top Ten Legal Considerations for Use and/or Development of Artificial Intelligence in Health Care
  5. FDA Issues Long-Awaited Action Plan for Artificial Intelligence/Machine Learning-Based Software As a Medical Device
  6. Video: The AI of Assassin’s Creed Origins

INTELLECTUAL PROPERTY

  1. A consultation on how to implement an extended general term of copyright protection in Canada (Canada)
  2. Copyright Term Extension – March 12 2021 Deadline to Respond to Very Disappointing Document (Howard Knopf)
  3. Afraid to Lead: Canadian Government Launches Timid Consultation on Implementing Copyright Term Extension (Michael Geist)
  4. The Copyright Bill That Does Nothing: Senate Bill Proposes Copyright Reform to Support Media Organizations (Michael Geist) 
  5. Copyright Term Extension: To Life Plus 70 Years, But Not Beyond! Government Consultation on Copyright Term Extension Now Open
  6. Should We Require Human Inventorship? Submit Your Amicus Brief by March
  7. Is This Beverly Hills Cop Playing Sublime’s ‘Santeria’ to Avoid Being Live-streamed?: Police in Beverly Hills have been playing music while being filmed, seemingly in an effort to trigger Instagram’s copyright filters.
  8. Copyright and database rights in database schema: Software Solutions Ltd and others v 365 Health and Wellbeing Ltd and Smith
  9. Judiciary’s Approach to Moral Rights under Copyright Law
  10. H&M and Unicolors weave up at Copyright battle at US SC
  11. UK Courts find hidden voice in film authorship dispute
  12. Pan-European Design Protection: Considerations for the fashion sector post-Brexit 
  13. Utah Theme Park Sues Taylor Swift Over Album Title After Exploiting It 
  14. A Shoe-In? Fleet Feet Gives Injunction Appeal the Moot Boot
  15. Amazon keeps hitting the target… but not quite in a trade mark context 
  16. One too many Pink Ladies
  17. Tefal fails to secure trade mark protection for its red dot despite survey evidence 
  18. ‘It’s like milk but made for humans’: General Court overturns EUIPO’s refusal to register Oatly’s trade mark
  19. When is a slogan a trade mark?
  20. Random Jackass Attempts To Trademark ‘Mayor Of Mar-A-Lago’ In The Most Hilarious Way
  21. How life sciences companies can strengthen IP strategies through the use of trade secrets
  22. ITC Finds Trade Secret Misappropriation and Bars Electric Vehicle Batteries from SK Innovation—With Exceptions
  23. $6 Million Verdict Vacated in Flooring Tech Trade Secrets Row
  24. The Facts on Fax Machines: They’re Not Dead, They’re Indefinite
  25. Foreign Prosecution History: To Admit, Or Not To Admit, That Remains a Puzzle To Canadian Courts 
  26. Federal Court finds silodosin formulation patent valid but not infringed
  27. Patent application extensions of time in Canada
  28. Extensions of time in Canada: worth the trouble?
  29. Contradictory Positions Render Claims Indefinite 
  30. “Safe Harbor” Act May Save Pfizer From Infringement for Covid Vaccine Clinical Trials
  31. It Is Improper To Read a Claim in a Grammatically Incorrect Way Simply To Include a Disclosed Embodiment
  32. US patents: Body blow for antibodies 
  33. There’s no such thing as an international patent
  34. Everyday IP — Flushing out the facts: When was indoor plumbing invented?
  35. From Snail Mail to Streaming: The Netflix Intellectual Property Story
  36. Cloud Contracts: The Impact of Common Terms of Service Provisions on Intellectual Property Rights
  37. The link between intellectual property rights and business performance 
  38. IP law looms large over U.S.-China relations

PRIVACY

  1. France ties Russia’s Sandworm to a multiyear hacking spree
  2. North Korea may have hacked into Pfizer servers looking for COVID data
  3. Enough is enough ‎—‎ Governing the ungovernable
  4. Comments on the Clearview AI joint Report of Findings
  5. Big Brother’s Access Limited – Canadian Privacy Commissioners Rule Clearview AI’s Facial Recognition Tool in Breach of Canadian Privacy Laws
  6. Privacy trends to watch in 2021: Canada modernizes its private-sector privacy laws
  7. FTC Chair Rebecca Slaughter Outlines Data Privacy Enforcement Agenda
  8. FTC Settles Facial Recognition Data Misuse Allegations with App Developer
  9. Analyst: Tighter IDFA privacy rules on iOS spell short-term trouble for in-app ads
  10. Microsoft is seeing a big spike in Web shell use
  11. Microsoft: SolarWinds attack took more than 1,000 engineers to create – Microsoft reckons that the huge attack on security vendors and more took the combined power of at least 1,000 engineers to create.
  12. France: Russian state hackers targeted Centreon servers in years-long campaign
  13. Hacked Florida Water Plant Found To Have Been Using Unsupported Windows 7 Machines And Shared Passwords
  14. Minneapolis, Minnesota Becomes The Latest Major City To Pass A Facial Recognition Ban
  15. Amazon will use cameras and AI to monitor delivery drivers
  16. Gun Trafficking Investigation Shows The FBI Is Still Capable Of Accessing Communications On Encrypted Devices
  17. Google Pixel phones will soon track heart rate using only the camera
  18. Zoombombing countermeasures are ineffective in the vast majority of cases
  19. The Perfect Storm for Privacy and Adtech: How the End of the Cookie Era Will Reshape the Digital Marketplace
  20. Virginia is about to get a major California-style data privacy law
  21. Report: Google considering an iOS-style anti-tracking feature for Android
  22. Information Commissioner confirms conservatives illegally collected data to racially profile voters
  23. CBP Facial Recognition Program Has Gathered 50 Million Face Photos, Identified Fewer Than 300 Imposters
  24. Biometric Privacy in the Era of COVID-19: Facial Recognition Compliance for Airports and Airlines
  25. Cops can’t access $60M in seized bitcoin—fraudster won’t give password

GAMES

  1. Riot Games CEO sued by former assistant for sexual harassment
  2. Google Wins Motion to Dismiss Loot Box Class Action
  3. Nintendo reportedly raises damages sought in Colopl lawsuit to $47m
  4. Nintendo claims additional damages in White Cat Project lawsuit
  5. Latest Nintendo Direct event led by Zelda: Skyward Sword HD remaster
  6. Nintendo ends pandemic-driven Nintendo Direct hiatus with a remaster-filled showcase
  7. First PS5 drift class action lawsuit filed against Sony
  8. Epic Games’ Case Against Teenage Fortnite Cheater Finally Settles
  9. Epic files EU antitrust complaint against Apple
  10. Fortnite vs. Apple continues to escalate with new antitrust complaint
  11. Fortnite fight expands as Epic claims Apple broke EU competition law
  12. North Dakota lawmakers jump into Apple/Epic fight with new app store bill
  13. Coalition for App Fairness behind North Dakota bill against Apple: Money from the organisation co-founded by Epic Games paid for lobbyists to introduce new bill into state senate
  14. A North Dakota bill aiming to loosen Apple’s tight grip on iOS has failed
  15. Video Gaming/E-Gaming Law update, February 2021
  16. One Patent To Rule Them All | Podcast: We discuss the implications of Warner Bros’ Nemesis system patent, with Harbottle & Lewis’ Kostya Lobov
  17. PC versions of Grand Theft Auto reverse-engineered to raw source code
  18. New dev revives Six Days in Fallujah a decade after controversal announcement
  19. Six Days in Fallujah dev: “I don’t think we need to portray the atrocities” – Peter Tamte wants to tell the story  without politics, without addressing why the war started, or what war crimes were committed
  20. Hackers claim to have sold Cyberpunk 2077, Witcher 3 source code
  21. CD Projekt Red source code reportedly sells for millions in dark Web auction
  22. How close is too close? A look into the use of altered trade marks and third-party ‘patches’ in videogames
  23. US regulations reportedly prevented GameStop from cashing in on share surge
  24. Why didn’t GameStop sell some of its inflated stock during the bubble?
  25. Habbo: “The last month left a bruise on our community” – Sulake CEO Valtteri Karu on Habbo’s troubled migration from Flash to Unity, and how the firm aims to win back the trust of its players
  26. Why a “Black Panther moment” is not the answer to games’ diversity problem: Studio AC Games founder Adam Campbell on how improving representation in video games takes less effort, not more
  27. Niantic launches Black Developers Initiative, offers funding and mentorship
  28. Microsoft launches gaming accessibility testing platform for developers
  29. Microsoft updates Xbox Accessibility Guidelines to help devs make games for everyone
  30. Report: Microsoft testing web-based xCloud streaming ahead of public preview
  31. Xbox takes back-compat to new extremes, tricks old games to run faster
  32. Stadia staff lauded for “great progress” one week before closure
  33. Ex-Stadia developers dish on Google’s mismanagement and poor communication
  34. Report: Stadia boss praised first-party studios for ‘great progress’ days before closure
  35. Steam developer gets banned for “Very Positive” review trickery
  36. Eximius dev relaunching title after publisher dispute
  37. Amazon delays New World again
  38. Future of work in games: new EU-UK relationship brings renewed focus on immigration for the games industry
  39. Ampere: PS5 and Xbox Series X|S sales in line with, not ahead of, previous gen – But firm believes new PlayStation could sell up to eight million units by end of March, surpassing PS4
  40. PC hardware and accessories spending grew 62% in the US in 2020
  41. US game spending up 42% in January, says NPD
  42. Dreams of easy money create a risk of tough acquisitions | Opinion: As frothy valuations and predatory firms drive a wave of acquisitions, serious questions need to be asked about the chimeras being created
  43. Profits falter despite rising game sales at Sega Sammy
  44. Sega Sammy reports sharp income decline despite soaring game sales
  45. Supercell posts solid profits, despite fifth straight year of revenue decline
  46. Playtonic branches into game publishing with Playtonic Friends label 
  47. Yooka-Laylee developer Playtonic launches publishing division
  48. Asmodee acquires Board Game Arena
  49. Pole to Win acquires 5518 Studios
  50. Record year for Remedy despite no new game releases
  51. Remedy had a record financial year despite lack of new releases
  52. Valheim tops 1 million sales during first week on Steam Early Access
  53. Valheim has topped 2 million sales in under two weeks
  54. Human: Fall Flat has topped 25 million sales worldwide
  55. Trials of Mana remake tops 1 million digital sales and shipments 
  56. An acceleration of consolidation | This Week in Business
  57. Kwalee launches PC and console publishing arm
  58. Tilting Point sinks $60 million into Match 3D developer Loop Games
  59. Zynga delivers record annual revenues thanks to ‘forever franchises’
  60. Zynga still in the market for more acquisitions
  61. NaturalMotion working on cross-platform games as Zynga eyes growth on console, PC
  62. Asmodee acquires digital multiplayer board game platform Board Game Arena
  63. Starbreeze losses shrink to $15.8m as Payday continues to grow
  64. Thanks to Payday 2-driven stability, Starbreeze pushes ahead on Payday 3
  65. Netmarble doubles full-year profits for 2020
  66. Peter Molyneux’s studio 22cans suffers layoffs
  67. Colossi Games raises $2.5m in funding
  68. Colossi Games nets $2.5 million to boost production on debut mobile game
  69. What Do 140 Million ‘GTA 5’ Sales Mean For ‘GTA 6’?
  70. Bad Robot looking to be the rare Hollywood-and-games success story
  71. Last Of Us HBO series casts Pedro Pascal as Joel
  72. Dota 2 is getting a Netflix series: The eight-episode anime series will launch on March 25
  73. Twitch and Facebook Gaming set record highs in January
  74. The ‘GaaS or subscription service’ squeeze in games
  75. Striker VR Raises $4M to Bring Its Haptic VR Gun to Consumers – First Look
  76. Why The Medium embraced a local Polish setting for a global audience
  77. GoldenEye, Mario and how to succeed in the world of nostalgia
  78. Super Mario 3D World + Bowser’s Fury launch 190% bigger than Wii U original | UK Boxed Charts
  79. Super Mario 3D World + Bowser’s Fury | Critical Consensus
  80. Valheim is the endless Viking survival game we have craved for years
  81. Online fighting games during COVID: How rollback helps us connect
  82. The games of love: Our favorite couch co-op games to play with a partner
  83. Blog: Breaking down the essentials of live ops – Part 1
  84. Blog: Designing for a sense of mystery and wonder
  85. Blog: Designing touch controls for Human: Fall Flat
  86. Blog: How developers are dealing with toxic behaviour in social VR
  87. Blog: Video game music concerts in 2021
  88. Blog: Lessons learned from teaching game design

Jon

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News of the Week; February 10, 2021

COMMUNICATIONS

  1. Conservative MP Files Amendment Calling on the Government to Withdraw Bill C-10 (Michael Geist)
  2. Why The Secrecy on Bill C-10?: How the Liberals Abandoned Their Commitment to Consultation, and Transparency in Pushing Their Broadcast Reform Bill (Michael Geist)
  3. Vancouver’s TSN 1040 off the air after Bell suddenly pulls the plug: Vancouver’s most popular sports radio station shut down Tuesday morning, surprising fans and staff alike
  4. Bell abandoning all-sports format at radio stations in Vancouver, Winnipeg, Hamilton
  5. Why Laid Off Bell Sports Journalists Should Form A Worker Co-op: We cannot rely on legacy corporate media to save the journalism industry. It’s time to build something better.
  6. DOJ Drops Ridiculous Trump-Era Lawsuit Against California For Passing Net Neutrality Rules
  7. Want a New Radio Station? FCC Proposes Procedures for a July 2021 Auction, Lists Channels to be Sold, and Imposes a Freeze on Certain Applications
  8. Authorities bust SIM-swap ring they say took millions from the rich and famous
  9. 16 States Ask The FCC What The Hell Is The Point Of The Verizon Tracfone Merger
  10. ISPs step up fight against SpaceX, tell FCC that Starlink will be too slow
  11. SpaceX plans Starlink phone service, emergency backup, and low-income access
  12. SpaceX Starlink passes 10,000 users and fights opposition to FCC funding
  13. SpaceX Starlink opens preorders, but slots are limited in each region
  14. Appeals Court Tells Lying Cop No ‘Reasonable’ Officer Would Think It’s OK To Tear Gas Journalists For Performing Journalism
  15. Big Game, Ad Claims: Reflecting on Super Bowl Advertising Tactics
  16. The Importance of Advanced Telecommunications Networks to Modern Healthcare
  17. ASA rules that Ladbrokes TV ad showed gambling behaviour that was socially irresponsible
  18. How Cubans make island Internet work for them

DIGITAL

  1. The Tort of Internet Harassment: A new tort with an extraordinary remedy
  2. Ontario Superior Court recognizes new cause of action addressing internet harassment
  3. Ontario Superior Court recognizes new tort for online harassment
  4. Court Refuses to Order Removal of Social Media Posts Alleging Employer was Racist
  5. Parler’s ownership offer to Trump and possible Russian ties probed by Congress
  6. Parler CEO says board fired him for planning to ban “neo-Nazi” groups
  7. Various States All Pile On To Push Blatantly Unconstitutional Laws That Say Social Media Can’t Moderate
  8. If We’re Going To Talk About Discrimination In Online Ads, We Need To Talk About Roommates.com
  9. 25 Years Later: A Celebration Of The Declaration Of The Independence Of Cyberspace
  10. Can A Community Approach To Disinformation Help Twitter?
  11. Facebook moves to scale down political content
  12. Google, Facebook tell SCOTUS it should be harder for you to sue them
  13. Indian Government Threatens To Jail Twitter Employees For Restoring Accounts The Government Wants Blocked
  14. Huawei Attempts To Rebuild Trust By Using… Fake Twitter Telecom Experts
  15. Without Twitter, Trump Is Left To Write Tweets He Would Have Said On Paper
  16. With Trump gone, Huawei tells Biden it’s not a security threat
  17. Not just Facebook: Snap, Unity warn Apple’s tracking change threatens business
  18. Soon, you may be able to change the default music service in iOS
  19. Sorry, small-phone lovers: The iPhone 12 mini was Apple’s 2020 sales flop
  20. Klobuchar targets Big Tech with biggest antitrust overhaul in 45 years
  21. Senators Warner, Hirono, And Klobuchar Demand The End Of The Internet Economy
  22. Platform mergers and antitrust: This paper sets out a framework for addressing competition concerns arising from acquisitions in big platform ecosystems.
  23. Lingerie Brand Adore Me Accuses TikTok Of Targeting Videos With BIPOC, Plus-Size, Disabled Models
  24. Oracle’s TikTok acquisition reportedly “shelved” indefinitely
  25. Trump And Oracle’s Dumb TikTok Cronyism Falls Apart
  26. 20-Year-Old Nashville Man Allegedly Shot Dead While Attempting YouTube Robbery Prank
  27. Sony picks up minor stake in From Software parent company Kadokawa Corporation
  28. Microsoft Offers To Break The Web In A Desperate Attempt To Get Somebody To Use Its Widely-Ignored Bing Search Engine
  29. Raspberry Pi OS added a Microsoft repo. No, it’s not an evil secret
  30. The Definitive Guide to Clickwrap
  31. We’re Living Our Lives On The Internet, And We Can’t Be Free If It Isn’t.
  32. Smartmatic Sues Two Trump Lawyers And Three Fox News Hosts For $2.7 Billion-Worth Of Defamation
  33. Now It’s The Democrats Turn To Destroy The Open Internet: Mark Warner’s 230 Reform Bill Is A Dumpster Fire Of Cluelessness
  34. Senators Propose Substantial Revisions to Section 230’s Protections for Online Providers
  35. Proposed Sec. 230 rewrite could have wide-ranging consequences
  36. The Many Reasons To Celebrate Section 230
  37. Section 230 Lets Tech Fix Content Moderation Issues. Congress Should Respect That
  38. How To Think About Online Ads And Section 230
  39. How Section 230 Makes My Life Better (A Celebration of Its 25 Year Anniversary) (Eric Goldman)
  40. Comments on the “SAFE TECH” Act (Eric Goldman)
  41. Content Moderation Case Study: Twitch Allows Users To Enable Emote-Only Chats (2016)
  42. Content Moderation Case Study: Twitter Attempts To Tackle COVID-related Vaccine Misinformation (2020)
  43. TikTok’s Sale To Oracle, Walmart Indefinitely Shelved, As Biden Administration Conducts Its Own Cybersecurity Review
  44. Instagram Building Vertical Scrolling Experience For Stories, Just Like TikTok
  45. Instagram Will Begin Making Reels Including A TikTok Watermark “Less Discoverable”
  46. Whalar Launches First All-Black Creator House, ‘The Crib Around The Corner’
  47. Former YouTube Employee Launches ‘BlackOakTV’ Streaming Service To Superserve Black Viewers And Creators
  48. Sports YouTuber KOT4Q Partners With Malka, Up North Management For Weekly YouTube Series
  49. YouTube’s lo-fi music streams are all about the euphoria of less
  50. MrBeast’s ‘MrBeast Burger’ Ghost Kitchen Concept Arrives In Canada
  51. David Dobrik Shows Off New $9.5 Million Mansion, Unveils Video Version Of ‘Views’ Podcast
  52. ASA upholds another complaint against an influencer social media ad
  53. In A First, Shopify To Integrate Checkout Technology Directly Within Facebook And Instagram
  54. Universal Music Yanks Catalog From Triller, Slams Service For Withholding Artist Payments
  55. Disney fires Mandalorian’s Gina Carano over “abhorrent, unacceptable” posts
  56. Netflix acquires the rights to all 22 Redwall books, plans film and series
  57. HBO Max signs “adult” cartoon series based on Scooby-Doo’s Velma
  58. New report on Apple’s VR headset: 8K in each eye, potential $3,000 price tag
  59. Texas Dept. Of Public Safety Issues Amber Alert For Victim Of Horror Doll Chucky
  60. Joint Chiefs of Tax Enforcement to Investigate Tax Fraud Arising Out of FinTech and Cryptocurrency
  61. A terabyte isn’t what it used to be—14% of Internet customers use more
  62. 25 years ago today, the internet declared its independence — for better and for worse
  63. ‘I’m Not a Cat,’ Says Lawyer Having Zoom Difficulties

A.I.

  1. Protecting AI Innovations Through Trade Secrets and Patent Protection
  2. A.I. and machine learning tools in financial services should expect regulatory scrutiny
  3. Apple’s car project could put it on a collision course with Tesla
  4. The Collision of AI’s Machine Learning and Manipulation: Deepfake Litigation Risks to Companies from a Product Liability, Privacy, and Cyber Standpoint
  5. In Defense of AI
  6. Why the resignation of the Dutch government is a good reminder of how important it is to monitor and regulate algorithms
  7. AI Regulation Under the New US Administration
  8. New UK AI Roadmap published
  9. Will AI Create More Problems Than It Solves in Recruiting?
  10. Amazon will use cameras and AI to monitor delivery drivers
  11. AI Update: The Future of AI Policy in the UK
  12. AI: cure for or cause of discriminatory outcomes in healthcare?
  13. FDA Publishes Action Plan for Oversight of Artificial Intelligence/Machine Learning-Based Medical Software
  14. Code Red: The FDA’s Artificial Intelligence/Machine Learning Action Plan Poses Potential Risks for Medical Device Makers
  15. U.S. Advances AI Innovation with NAIIA
  16. BAILII grants Oxford University unprecedented access to case data for AI analysis in historic agreement
  17. Video: The AI of Assassin’s Creed Origins
  18. MintzTech Connect Industry News: Spotlight on Turing Enterprises 

INTELLECTUAL PROPERTY

  1. Federal Court trusts technology to prove infringement
  2. Is This Beverly Hills Cop Playing Sublime’s ‘Santeria’ to Avoid Being Live-streamed?: Police in Beverly Hills have been playing music while being filmed, seemingly in an effort to trigger Instagram’s copyright filters. 
  3. Latest Anti-Accountability Move By Cops Involves Playing Music While Being Recorded In Hopes Of Triggering Copyright Takedowns
  4. Celebrity tattoo artist Kat Von D sued for inking Miles Davis design? Tats crazy!
  5. Desire v. Manna Textiles (USCA, 9th Circuit): Holds only one statutory damages award available where defendant supplied infringing work to other defendants, even when those other defendants exploited infringing work.    
  6. Carlini v. Paramount Pictures Corp. (USDC, California): Court action brought alleging film “What Men Want” infringed plaintiff’s screenplay, finding access was insufficient and works were not substantially similar. 
  7. Be careful what you scrape from the HiQ v. LinkedIn decision 
  8. Sherlock Holmes and the copyright infringement claim
  9. Protect your moves – A mix of Intellectual Property and Dance
  10. Snippet Taxes Not Only Violate The Berne Convention, But Also Betray The Deepest Roots Of Newspaper Culture
  11. Why Is Congress Pushing For Locking Up More Culture? 
  12. SCOTUS Update – Google v. Oracle 
  13. Music – Royalty Rates for Digital Transmissions 
  14. Copyright year in review 2020 
  15. The growing role of domains in IP 
  16. What to Do when “Everything Sucks” 
  17. Utah Theme Park Sues Taylor Swift Over Album Title After Exploiting It
  18. Taylor Swift sued by Utah Theme Park for trademark infringement.
  19. Pearl Jamm changes name to Legal Jam…to avoid legal jam 
  20. SDNY Magistrate Judge Recommends that Rubik’s Cube Design is Not Functional 
  21. Hanes Pop Warner’s Way: Trademark Dispute Over Pop Warner Mark 
  22. How to Register a Common Shape as Your Trademark 
  23. Trademarks in 2020: notable cases and developments 
  24. Trade Secret Management in the United States: Top Ten Mistakes to Avoid 
  25. December 2020 COVID-19 Relief Bill Finally Closes the Streaming Loophole 
  26. Third Circuit Finds Pocky Trade Dress Functional, Not Protectable 
  27. There’s No Sugarcoating It: Pocky’s Cookie Design Trade Dress Is Functional
  28. The Doctrine of File Wrapper Estoppel in Canada: The Court of Appeal Hands Down its Decision 
  29. Evidence Supports Prior Art’s Public Accessibility but Not the Board’s Adoption of an Unpresented Theory of Anticipation
  30. Federal Circuit Clarifies Part of Patent Term Extension Equation 
  31. Federal Circuit Says Automated Systems Are Not Abstract when Tied to Improvements 
  32. The “Skinny Label” – The Federal Circuit Has Second Thoughts 
  33. No Patent Eligibility Reward for Customer Loyalty Program Computer System
  34. How to patent over-the-air (OTA) automotive technology 
  35. Federal Circuit Agrees to Reconsider Ruling in GSK v. Teva Drug Patent Case 
  36. When Fixing One Problem Creates Another: How Patent Infringement Arises Out of Product Repairs 
  37. Key Insights for Obtaining FinTech Patents
  38. Patents in 2020 – The year in review

PRIVACY

  1. Privacy class action not certified – Setoguchi v Uber B.V., 2021 ABQB 18
  2. Clearview AI’s Facial Recognition Tool Found to Violate Canadian Privacy Laws
  3. Exceptions from consent in PIPEDA: facial recognition, privacy and Clearview
  4. Privacy Commissioners Issue Report on Clearview AI’s Facial Recognition Tool
  5. Canadian Privacy Commission Says Clearview’s App Is Illegal, Tells It To Pack Its Things And Leave
  6. “Made in Canada” – What is happening to Privacy by Design under the CPPA?
  7. NYT Easily Tracks Location Data From Capitol Riots, Highlighting Once Again How US Privacy Standards Are A Joke
  8. Amazon Transparency Report Indicates Its Multiple IoT Devices Are Juicy Targets For Law Enforcement
  9. 11th Circuit: Future identity theft risk does not confer standing
  10. 11th Cir. Rejects Standing Due to Threat of Future Identity Theft & Further Deepens Circuit Split
  11. Calling SCOTUS: Eleventh Circuit Invites Supreme Court to Address Circuit Split on Article III Standing for Data Incident Plaintiffs
  12. Court Dismisses CCPA Claim Against Google
  13. Court denies tech company’s second request for COPPA claim dismissal
  14. California AG Becerra Tweets Endorsement for a Universal Opt-Out Tool
  15. Chastity Penis Lock Company That Was Hacked Says It’s Now Totally Safe To Put Your Penis Back In That Chastity Lock
  16. FTC Reaches Settlement with Digital Health App, Requires First Notice of Privacy Action
  17. Key Takeaways from the Recent Grindr Decision and “Tentative” $11M Fine
  18. The Bright Side of the Horrifying Story About a Hacked Water Treatment Plant
  19. Water Treatment System Hack is a Warning to Critical Infrastructure Organizations
  20. Breached water plant employees used the same TeamViewer password and no firewall
  21. Turf wars: confidentiality of live (sports) data
  22. Android barcode scanner with 10 million+ downloads infects users
  23. Google Pixel phones will soon track heart rate using only the camera
  24. Zoombombing countermeasures are ineffective in the vast majority of cases
  25. Report: Google considering an iOS-style anti-tracking feature for Android
  26. Cops can’t access $60M in seized bitcoin—fraudster won’t give password
  27. 2020 Privacy Law Year in Review

GAMES

  1. Riot Games CEO accused of sexual harassment in lawsuit from ex-employee
  2. Shadow of War publisher Warner Bros. has patented the series’ Nemesis system
  3. Super Nintendo World apparently took scenery from a Mario fangame
  4. Merritt killer gets PlayStation memory card back after win in Federal Court: Justice Zinn ruled removal order unreasonable – that inmate permitted to having a gaming system in their cell should also have a memory card
  5. Fischer v. Canada (Attorney General), 2021 FC 112
  6. G.I. Bro is a Go: Copyright Dispute Over Call of Duty Poster Survives Summary Judgement
  7. Activision Blizzard sued over Call of Duty character
  8. Call of Duty drives record year for Activision Blizzard
  9. Microsoft says terms of service mandate arbitration for Xbox controller suit
  10. Microsoft creates ‘Vault’ to temporarily house Bethesda parent ZeniMax
  11. PS5 DualSense controllers already have a drift problem – what you need to know: It’s not just the Nintendo Switch’s Joy-Cons anymore
  12. Advocating for accessibility in video games
  13. PS5’s DualSense controller also faces drift issues
  14. PS5 to launch in China in Q2 2021
  15. Warner Bros finally secures patent for Shadow of Mordor’s Nemesis system
  16. CD Projekt Red’s internal systems “compromised” following ransomware attack
  17. CD Projekt Red gets ‘cyberpunk’d’ – another ransomware attack
  18. Cyberpunk 2077 developer hit with ransomware attack
  19. Cyberpunk 2077 developer CD Projekt hit by ‘targeted cyber attack’
  20. MP proposes bill to make console scalping illegal amid PS5 and Xbox Series shortages
  21. Gaming sites are still letting streamers profit from hate
  22. Can you cheat to get ahead on Steam?
  23. Steam Becomes Available In China, Offers 53 Whole Games To Customers
  24. Lessons from GameStop: Small Investors “100% Don’t Care” About Risk
  25. Regulators forced to respond to GameStop Corp.’s historic yo-yo
  26. Robinhood Sued in Class Action, Alleging Website Inaccessibility and Discrimination Against Blind Users
  27. Another Speculation Is Possible: The Political Lesson Of R/WallStreetBets
  28. Amazon’s next CEO vows to help struggling Amazon Game Studios bounce back
  29. Bandai Namco switches management amid business unit shake-up
  30. Profits dip at Bandai Namco despite rising game sales
  31. Bandai Namco reports rising profits amid restructure
  32. Nintendo boss says diverse Switch playerbase will help it outsell the Wii
  33. Nintendo discusses Switch growth plans as console enters “middle of its lifecycle”
  34. Ori director criticises developers for overhyping games with “lies and deception”
  35. YouTube Releases Self-Certification Guide Specifically For Gaming Creators
  36. Terraria developer cancels Google Stadia port after YouTube account ban
  37. Stadia’s issues were clear from the start | This Week in Business
  38. Google’s shutdowns relegate streaming to “gaming of the gaps” | Opinion
  39. Digital downloads jumped 47% across Europe in 2020 | European Annual Report
  40. Animal Crossing continues to dominate UK retail | UK Boxed Charts
  41. Xbox Series S/X was the No.1 console of January | UK Monthly GfK Charts
  42. Assetto Corsa franchise reaches €100 million in lifetime sales
  43. Epic Games addresses speculation over IPO
  44. Epic Games’ ability to go to war with Apple stems from its financial freedom, says CEO
  45. Epic’s new tool promises high-fidelity human characters in under an hour
  46. Epic Games’ new MetaHuman Creator will let devs build hi-fi humans
  47. Super High-Fidelity Mario: The quest to find original gaming audio samples
  48. Sony now has a stake in parent of Dark Souls dev From Software
  49. Wildlife Studios launches Never Forget Games
  50. EA Sports Announces College Football Video Game Revival and Another Collegiate Athlete Persona Rights Piece of Legislation is Proposed in Congress
  51. EA continues its big mobile push with $2.1 billion Glu Mobile acquisition
  52. EA acquires Glu Mobile in $2.1 billion deal
  53. EA’s Andrew Wilson talks about the Glu acquisition
  54. Leaf Mobile: Kings of Green Mountain – Darcy Taylor on building a thriving business in the “green games” market, and what the $159m acquisition of East Side Games means for Leaf’s future
  55. Leaf Mobile confirms $125m acquisition of East Side Games
  56. Zynga posts record revenues, record net losses
  57. Digital makes up 85% of Take-Two’s $860.9 million in Q3 net revenue
  58. Maple Story and mobile expansion push Nexon to record revenues
  59. Ubisoft’s Prince of Persia remake postponed indefinitely
  60. Assassin’s Creed Valhalla leads Ubisoft’s biggest quarter ever
  61. Assassin’s Creed, Watch Dogs, and Just Dance push Ubisoft to new record highs
  62. Minecraft Dungeons has crossed 10 million players on all platforms
  63. Huuuge Games IPO to raise $442m
  64. Vertigo Games acquires location-based VR arcade platform SpringboardVR
  65. Mountaintop raises $5.5 million to accelerate development of its PvP shooter
  66. Homa Games raises $15m for hypercasual titles
  67. Candivore raises $12 million
  68. French mobile studio Homa nets $15 million to create hypercasual titles
  69. Unity reports record year despite losses
  70. Revenue, downloads, and MAUs all on the rise as Unity closes Q4
  71. Activision Blizzard closes out 2020 with rising revenue and profit
  72. Final Fantasy VII Remake and Marvel’s Avengers boost sales at Square Enix
  73. Mobile titles and domestic releases are driving revenue at Konami
  74. Mobile developer Wildlife opens new studio in California
  75. Match Masters dev Candivore nets $12 million to drive user acquisition
  76. Focus Home Interactive opens up new Deck13 studio in Montreal
  77. TinyBuild acquires three studios
  78. Totally Reliable Delivery Service dev among three studios acquired by TinyBuild 
  79. Nazara Technologies gets $13.7m in funding
  80. Latitude raises $3.3 million for its AI platform
  81. Pizza Club secures $1.5m investment from My.Games
  82. Focus Home Interactive is opening a Deck13 subsidiary in Montreal
  83. Kowloon Nights backs indies with funding deals for 23 titles
  84. Tencent buys minority stake in DayZ developer Bohemia Interactive
  85. Tencent acquires minority stake in Bohemia Interactive
  86. Super Mario 3D World + Bowser’s Fury review: Everything old is new again
  87. Here’s what ESRB’s ratings looked like in 2020
  88. “Arcades are a crucial part of the history of video games”
  89. E3 skipping in-person event again
  90. Newzoo’s Esports Trends to Watch in 2021
  91. Pokémon World Championships 2021 cancelled
  92. ‘Why was that focusing on Miranda’s butt?’ & other dev tales from remastering Mass Effect 
  93. “90 bugs left”: Rare devs talk about the nearly completed Goldeneye 007 remake [Updated]
  94. Blog: Set rotations in Magic The Gathering – A mobile F2P perspective
  95. Blog: Revisiting the fall of Resident Evil
  96. Blog: Building an arcade cabinet for the 21st Century 
  97. Video: The combat animations of Middle-earth: Shadow of War
  98. Don’t Miss: How Baldur’s Gate 3 first approached the RNG of D&D-inspired dice rolls
  99. Level Up: 33 Legal Tips for Game Developers and Publishers Part II

Jon

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