The University of British Columbia
UBC - A Place of Mind
The University of British Columbia Vancouver campus
Communications Law at Allard Hall
  • Home
  • Issues/Your Take
  • 2023 Current Syllabus
    • 2022 Syllabus
    • 2021 Syllabus
    • 2020 Syllabus
    • 2019 Syllabus
    • 2018 Syllabus
    • 2017 Syllabus
  • Slides & Materials
  • Group Presentations
  • Socrates
  • Statutes & Regulations
  • About
    • Thanks
    • Jon’s Bio
  • 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

News of the Week; June 24, 2020

COMMUNICATIONS

  1. Pay to Link?: Canadian Heritage Minister Guilbeault Backs Bringing the Link Tax to Canada (Michael Geist)
  2. Heritage Minister raises possibility of link tax for internet companies (Michael Geist)
  3. Europeans vow to pursue digital tax plans after US “provocation”
  4. Charter seeks FCC OK to impose data caps and charge fees to video services
  5. FCC’s O’Rielly Musters A Tiny Bit Of Courage To Almost Acknowledge Trump’s Executive Order Is Unenforceable Gibberish
  6. AT&T Has Now Eliminated 41,000 Jobs Since Its $42 Billion Trump Tax Cut
  7. AT&T Says Being Misleading About ‘Unlimited’ Data Plans Was Ok, Because Reporters Told Consumers It Was Being Misleading
  8. The Fastest ISP In America Is Community Owned And Operated
  9. Yet More Layoffs Hit Sprint/T-Mobile, Despite Promises This Assuredly Wouldn’t Happen
  10. T-Mobile already trying to get out of merger conditions on 5G and hiring
  11. If T-Mobile’s giant outage affected you, now’s your chance to tell the FCC
  12. FCC Skeptical About Space X Satellite Broadband Claims
  13. FCC Seeks Further Comment on TRACED Act’s Traceback Consortium’s Role
  14. FCC Seeking Comment on the Origination of Programming by FM Translators
  15. Fifteen Year Drought Over: How the Defense in Evonik/PeroxyChem and T-Mobile/Sprint Successfully Litigated the Fix

DIGITAL

  1. TikTok Teens and K-Pop Stans Say They Sank Trump Rally: Did a successful prank inflate attendance expectations for President Trump’s rally in Tulsa, Okla.?
  2. In the UK, social media use associated with COVID-19 conspiracy theories
  3. Four Black Creators File Suit Against YouTube, Alleging Racial Discrimination In Algorithm
  4. Jukin Media Steps In With Copyright Claim After Trump Posts Doctored Video Of Hugging Toddlers
  5. Trump’s Plan To Turn US Global Media Operations Into State-Sponsored Breitbart… Could Threaten The Open (And Encrypted) Internet
  6. Google, Amazon condemn Trump order cutting off foreign worker visas
  7. Civil Rights Organizations Call for Facebook Advertising Boycott
  8. Facebook Ordered to Turn Over Internal Investigation Documents to Massachusetts Attorney General
  9. Court Denies Facebook’s Motion to Stay Order Compelling Production of Documents
  10. Facebook pulls Trump campaign ads for featuring Nazi-associated image
  11. Facebook’s New Content Moderation Appeals Process
  12. Content Moderation At Scale Is Impossible: Facebook Kicks Off Anti-Racist Skinheads/Musicians While Trying To Block Racists
  13. Viral TikTok Video From Black Artist Kirby Prompts Pepsi To Rebrand ‘Aunt Jemima’ Products
  14. TikTok faces scrutiny from EU watchdogs over data practices: Last month, Dutch data-protection commission investigated company’s policies to protect children’s data
  15. Apple caters to China by pulling thousands of “unlicensed” iPhone games
  16. Apple is changing parts of its app review process after the Hey controversy
  17. Vice Calls Out Brands For Deeming George Floyd, ‘Black Lives Matter’ Content Unsafe For Advertising
  18. Instagram Unveils Suite Of Programming, Tools, And Resources In Honor Of Juneteenth
  19. Sweating the Details: Court Analyzes User Interface to Uphold Online Arbitration Clause
  20. Southern District Says the Post Is the Story: Paparazzo’s Cardi B snaps are fair use when it comes to lipstick and hurled shoes
  21. Snap Says It Reaches More 13 To 24-Year-Olds In The U.S. Than Facebook, Instagram, And Messenger Combined
  22. FTC COPPA Settlement with App Developer Highlights Penalty Policy Considerations
  23. Twin Proposals Would Reform Section 230’s Liability Protections and Broadly Affect Online Content
  24. President Trump Loves Section 230 for Himself, Just Not for Anyone Else
  25. Judge Sides With Twitter Over Devin Nunes In Case Over Satirical Internet Cow: Section 230 Removes Twitter From Frivolous Case
  26. Americans Would Probably Love Section 230—If They Understood It (Eric Goldman)
  27. Further Thoughts On Moderation v. Discretion v. Censorship
  28. “There’s Always a Tweet” Applies to Trump’s Anti-Social Media Rhetoric
  29. Risk Mitigation For Social Media Cos. In Light Of Trump Order
  30. Another Court Rejects Turo’s Eligibility for Section 230–Turo v. Los Angeles (Eric Goldman)
  31. Hello! You’ve Been Referred Here Because You’re Wrong About Section 230 Of The Communications Decency Act
  32. Online harms: what progress in the UK and EU?
  33. The Communication Decency Act and the DOJ’s Proposed Solution: No Easy Answers
  34. Social Media Posts During Turbulent Times: FAQs on Employee Rights and Employer Responsibilities
  35. Electronic Data exclusion cries out for Judicial Interpretation
  36. Using the internet to cause emotional distress is a felony?
  37. Google to start fact-checking Google Images
  38. Google pushes “text fragment links” with new Chrome extension
  39. Masked arsonist might’ve gotten away with it if she hadn’t left Etsy review
  40. Twitter terminates DDoSecrets, falsely claims it may infect visitors
  41. Kim Kardashian West Signs With Spotify For ‘Innocence Project’ Podcast
  42. CBD Advertisements: What Celebrity Influencers Need to Know
  43. Reviewing the Americans With Disabilities Act’s Application to Websites–Martinez v. SDCCU (Eric Goldman)
  44. Insights: Can YouTube’s $100M Black Lives Matter Program Fuel A New Generation Of Marginalized Creators?
  45. YouTube’s ‘Cobra Kai’ To Kick It At Netflix, Starting With Season 3
  46. YouTube Launches Virtual Summer Camp With Arts, Sports, And STEM-Related Content
  47. Select Management Signs Slew Of YouTube Stars, Including Kelsey Darragh, Aaron Burriss, Hey It’s Fei
  48. YouTube Introduces New Shoppable Ads, ‘Video Action Campaigns’ For High-Traffic Marketing Spots
  49. Jessica Alba Drops Beauty Interview Series On Newly-Launched YouTube Channel
  50. Top 50 Most Viewed US YouTube Channels • Week Of 6/22/2020
  51. Top 50 Most Viewed YouTube Channels Worldwide • Week Of 6/22/2020
  52. NBA All-Star Stephen Curry To Host YouTube Competition Special ‘Ultimate Home Championship’
  53. With YouTube Music, Google is holding my speakers for ransom
  54. Philip DeFranco Signs With Semaphore To Seek Out Licensing Opportunities
  55. Hulu’s NewFronts Presentation Unveils Interactive Ad Format ‘GatewayGo,’ Nielsen Ad-Targeting Integration
  56. Roku Kicks Off Virtual NewFronts With Tools To Help Advertisers Weather Pandemic
  57. Condé Nast Unveils Podcast Network, Tap-To-Buy Video Ad Product At First NewFronts Outing
  58. Whistle To Launch Social Video Network In Collaboration With Survivalist Host Bear Grylls
  59. Barstool Sports Touts 950K Views Per Day For Founder Dave Portnoy’s Day Trading Show, Launches Branded Content Division
  60. Can you 3D print Damascus steel? Pretty much, yeah
  61. The Coronavirus Laid Bare Our Empty Lip Service To Fixing The ‘Digital Divide’
  62. Five practical steps to ensure due process during virtual hearings
  63. TV writers, like all of us, are developing a love-hate relationship with Zoom
  64. The long, winding, technological road to GPS in every car

A.I.

  1. China Won’t Win the Race for AI Dominance: Authoritarians Love Data, but Innovation Matters More
  2. Police arrested wrong man based on facial recognition fail, ACLU says
  3. In A First, TikTok Lifts Veil On Inner-Workings Of #ForYou Page Algorithm
  4. Artificial Intelligence and the Boardroom Risk
  5. The artist and the algorithm: how YouTube is changing our relationship with music
  6. Endure and survive – The AI of The Last of Us

INTELLECTUAL PROPERTY

  1. Publishers Sue Internet Archive for free access to E-books
  2. Second Circuit Declines to Decide if Human Skin Can Be a Tangible Medium of Expression under Copyright Law and Affirms Dismissal of Makeup Artist’s Lawsuit
  3. Second Circuit Avoids “Making Up” Copyright Ruling Finding Artist’s Claims Preempted
  4. Copyright and memes: Drake effect, exceptions to infringement
  5. Ninth Circuit Decision Solidifies the Importance of Adhering to Registration Formalities
  6. Get ready to explore the boundaries of copyright on a bike before the ECJ (Case C‑833/18 (Brompton))
  7. A ride towards copyright for functional designs: could the iconic Brompton folding bike enjoy copyright protection? The view from Milan
  8. Copyright: Text and Data Mining – New Rules?
  9. Political Campaigns and Unauthorized Music
  10. Software patentability in Canada and beyond
  11. Copyright Gets In The Way Of Chef Andres’ ‘Recipes For The People’; Because The DMCA Takedown System Is Still Broken
  12. Cheez-It Issues A Bogus DMCA Notice To Nuke A Picture It Didn’t Like, Receives Dozens Of Offensive Images In Response
  13. Copyright Filters And Takedowns Are Broken: Questlove Says YouTube Flagged Him For Playing His Own Tracks
  14. Amazon and Valentino v. Kaitlyn Pan: contractual breach and counterfeiting
  15. Kawhi Leonard’s Fight for the “Claw”: An Oregon Court Holds that Nike Owns the “Claw Design” Logo
  16. Too vague: Prince Harry and Meghan’s trade mark application refused
  17. Another blow for Meghan and Harry’s trade mark strategy? Let’s investigate…
  18. Harry & Meghan’s ARCHEWELL US trade mark – not as hopeless as some reports suggest
  19. Netflix Outsmarts POTUS On Space Force Trade Mark
  20. Don’t Let Your Trademark Go Up In Smoke: “smoking is cool” Branding Is Prohibited Under Canada’s Cannabis Act
  21. Supreme Court rules in favour of Apple on trademark debranding
  22. NOKIA v Kokiya: the letters of the law
  23. Restaurant Industry Insight – Registering a Descriptive Restaurant Name
  24. In the company of Jedi´s
  25. Unfair advantage? Burlington Arcade successful at CJEU
  26. Three key differences between U.S. and Canadian patent law that can affect patent filing strategies in Canada
  27. Dropbox’s Patents Invalidated for Patent-Ineligible Subject Matter
  28. U.S. District Court Again Finds Patents for Updating Toolbar Without User Intervention Invalid
  29. Federal Circuit: Prior Dismissal Bars Customer Lawsuits
  30. Non-Infringement Need Not “Be Actually Litigated” to Invoke Kessler Doctrine
  31. Non-Infringement Need Not Be “Actually Litigated” to Shield Accused Products From Infringement Liability in Subsequent Actions
  32. Regeneron v Kymab and the effect of claim scope on the requirement of sufficiency of disclosure
  33. Rights of patentee or general Welfare of the public: which way should the scales tilt?
  34. Lifecycle of a smart idea: Patent strategy – Optimising life sciences patents
  35. Aces of the skies – the patent dogfight between DJI and Autel
  36. FibroGen & Astellas v Akebia & Otsuka – Lord Justice Arnold returns to the Patents Court for monster six patent trial
  37. Federal Circuit Patent Update
  38. Fun summer inventions and patents
  39. A Brief History of Patents & Slavery In Honor of Juneteenth
  40. Intellectual property in the time of COVID-19
  41. Brexit: implications for holders of intellectual property rights and domain names
  42. IP Post-NAFTA: What CUSMA Coming into Force Means for Canadian IP Law
  43. Revised draft Guidelines operationalizing the Patented Medicines Regulations: notable changes
  44. Intellectual Property – Top tips for Directors

PRIVACY

  1. Double-double tracking: How Tim Hortons knows where you sleep, work and vacation: Tim Hortons is logging detailed location data of customers through its app — and many may not realize it’s happening at all
  2. It’s unconstitutional for cops to force phone unlocking, court rules
  3. Millions of documents from >200 US police agencies published in “BlueLeaks” trove
  4. Tech Companies Are Limiting Police Use of Facial Recognition. Here’s Why
  5. New York City Residents Turn City’s Traffic Cameras Into Cop-Watching Tools
  6. So Much For Going Dark: FBI Using Social Media, E-Commerce Sites To Track Down Suspects (Including Non-Lawbreakers)
  7. NIST Releases Cybersecurity Guidance for Manufacturers of IoT Devices
  8. Alleged Privacy Law Violations Create Potential $5 Billion Issue For Google
  9. High Court Protects Privacy of Googlers from Insolvency Probe
  10. Google LLC loses appeal against French Data Protection Authority decision before France highest administrative Court
  11. Chrome extensions with 33 million downloads slurped sensitive user data
  12. Top German Court Rules Facebook’s Collection And Use Of Data From Third-Party Sources Requires ‘Voluntary’ Consent
  13. Privacy Issues of U.S. Collection of Social Media Information from Visa Applicants
  14. Privacy Concerns Lead To Deletion Of All Data Collected By Norway’s Contact Tracing App
  15. FTC Pounces on Maker of Children’s App Menagerie
  16. Immediate Steps Needed to Prevent Your Pandemic WFH Savior Videoconferencing from Turning Into a Future Litigation Nightmare
  17. One Of The World’s Largest Web Tracking Companies Leaks Tons Of Personal Info From An Unsecured Server
  18. To evade detection, hackers are requiring targets to complete CAPTCHAs
  19. Crooks abuse Google Analytics to conceal theft of payment card data
  20. It’s Long Past Time To Encrypt The Entire DNS
  21. Is Data Privacy A Privilege? The Racial Implications Of Technology Based Tools In Government

CREATIVITY   

  1. UN Working Group on Arbitrary Detention Declares Detention of Sri Lankan Author Violated International Law
  2. Police Memo Says Officers Raiding A Journalist’s Home Were Instructed To Turn Off Their Body Cameras
  3. Appeals Court Says California’s IMDb-Targeting ‘Ageism’ Law Is Unconstitutional
  4. Tennessean Newspaper Apologizes For Running “Horrific” and “Utterly Indefensible” Advertisement
  5. Advertising Falls within Commercial Activity Exception to Sovereign Immunity
  6. Reese Witherspoon and Draper James in COVID-19 Giveaway Suit
  7. Schrodinger’s Classified Info: Trump Argues John Bolton’s Book Is Both False & Classified
  8. In Defamation Law, Context is Everything.
  9. The Need For A Federal Anti-SLAPP Law Is Clear And Overwhelming
  10. ViacomCBS Says It Is In No Rush to Make Major Acquisition
  11. ‘Wunderkind’ London Art Dealer Arrested by FBI
  12. The “root-and-branch rethink” of the film and TV production industry
  13. French Constitutional Council Kills Government’s Brand New Hate Speech Law

GAMES

  1. Class action lawsuit brought against Apple over loot boxes: Loot boxes are indisputably gambling under California law, argues 100-member lawsuit
  2. Starting in July, iOS games will require gov’t approval to launch on China’s App Store
  3. California court dismisses Magic Leap lawsuit against competitor Nreal
  4. Magic Leap’s lawsuit against competitor Nreal thrown out of court: “From the beginning we’ve firmly stated that Magic Leap’s claims against Nreal are meritless,” says Nreal founder
  5. ‘The Sims’ Becomes An Outlet For Would-Be Protesters Who Cannot Attend Protests
  6. FDA First: Agency Approves Video Game Treatment For ADHD, Requires A Prescription
  7. Dozens of YouTubers, Twitch Streamers, And Gaming Executives Face Sexual Abuse Allegations
  8. Dying Light 2 writer Chris Avellone accused of sexual assault and harassment
  9. As streamers face harassment allegations, Twitch sees boycott threat
  10. Mass DMCA Takedown Requests Issued on Twitch
  11. A wave of abuse allegations sweeps the games industry
  12. Ubisoft and Insomniac face allegations over mistreatment of women
  13. Insomniac responds to allegations from former staff about culture of harassment
  14. Assassin’s Creed Valhalla creative director leaves project: Takes leave of absence from Ubisoft after accusations of marital infidelity
  15. Ubisoft ‘deeply concerned’ with sexual assault allegations against multiple employees
  16. Industry’s abuse problem brought into focus by latest wave of allegations: Less than a year since high profile industry figures named, dozens of streamers, influencers and developers called out for abusive behaviour
  17. Hearthstone pro says he was blacklisted after spouse criticized Blizzard: Janne “Savjz” Mikkonen says he was punished because Christina Mikkonen “spoke up about the injust practices” of Blizzard
  18. Cheeky Devils left Red-faced – High Court rejects Manchester United’s procedural request in video game case
  19. Police cars removed from Epic Games’ Fortnite: The Wall Street Journal alleges that police vehicles were removed in response to the killing of George Floyd
  20. Valve looks to stem tide of racist bots in Team Fortress 2: After months of inaction, Valve quietly works to “mitigate the use of new and free accounts for abusive purposes”
  21. Bot mafias have wreaked havoc in World of Warcraft Classic
  22. Too little, too shy: The gaming industry’s response to #BLM | Opinion: Gaming companies want to get away with tokens of sympathy for #BlackLivesMatter — Don’t let them
  23. How the games industry can put its diversity pledges into action | Opinion: The industry’s diversity problems aren’t new, but willing developers have all the tools they need to take action
  24. Zynga launches $25 million charity fund to foster inclusion and diversity
  25. Kowloon Nights launches $2 million game investment fund for Black creators
  26. Former Microsoft employee accuses Mixer manager of racist comments: Milan Lee has a meeting with Microsoft’s Phil Spencer to discuss an experience that made him leave the company
  27. Microsoft is killing its game-streaming service, folding it into Facebook’s
  28. Microsoft is shutting down Mixer, redirecting its users to Facebook Gaming
  29. Microsoft Shutters Mixer, Looks To Shepherd Creators To Facebook Gaming As Part Of New Pact
  30. Microsoft announces the closure of streaming platform Mixer, will partner with Facebook Gaming
  31. Microsoft shutting down Mixer: Streaming service closing July 22 with partners being transitioned to Facebook Gaming; exclusive streamers like Ninja, Shroud free to leave
  32. Lone Echo developer Ready at Dawn acquired by Facebook
  33. Humble’s ‘Fight for Racial Justice’ bundle has raised over $4.3M for charity
  34. Humble Bundle raises £3.5m for Black Lives Matter: Bundle of more than 50 games and books was bought by 130,000 people
  35. App Imperialism: The Political Economy of the Canadian App Store (David Nieborg, Chris Young, Daniel Joseph)
  36. Guinness reinstates Billy Mitchell’s Donkey Kong, Pac-Man records
  37. Twitch sells CurseForge to Overwolf: Mod management platform will become stand-alone app supported by subscriptions, in-app advertising
  38. EA pledges tougher stance on toxicity with Positive Play Charter: The publisher has removed more than 3,500 player-created assets featuring “inappropriate and hurtful” language in recent weeks
  39. EA and the war against toxicity: Chief marketing officer Chris Bruzzo on why Electronic Arts is ramping up its efforts to stamp out hate speech in games
  40. Report: Microsoft could launch xCloud streaming service as part of Xbox Game Pass
  41. Xbox Series X difference will be immersion more than visuals, Spencer says: Head of Xbox talks about what will separate Microsoft’s next-gen, says cell phone-like All Access payment program will be “critical” this generation
  42. Lack of Smart Delivery won’t prevent PS5 owners from playing Cyberpunk 2077
  43. PlayStation posts bug bounty to track down PS4 and PSN security issues
  44. EA: “PS5 and Xbox Series X games will feel different, better and more visceral” – Chief Studios Officer Laura Miele on breaking down platform barriers, making games more inclusive, and COVID-19
  45. EA Sports renews exclusivity deal with La Liga for FIFA franchise: The extended deal includes a “joint commitment” to pushing further into esports
  46. The Sims 4 records peak high of 10 million monthly active users
  47. The Sims 4 hit 10m MAUs in the last quarter: EA’s six year old title also added 2.5m new players in the last two months, ahead of its relaunch on Steam
  48. EA is bringing seven games to the Nintendo Switch in the next 12 months: Including Burnout Paradise: Remastered and Apex Legends
  49. Evercade’s retro portable made me fall out of love with game cartridges
  50. Activision follows Crash Bandicoot remakes with the first new Crash game in a decade
  51. This War of Mine is now recommended reading for Polish high school students
  52. This War of Mine will be added to school reading list in Poland: “I don’t think we’ve ever encountered a game being officially included in the educational system on a national level as school reading”
  53. CEX staff report concerns as stores re-open: Employees take issue with inconsistent rules, no quarantine period on trade-ins, no reduction in opening hours
  54. Facebook prepares to wage war over release of Gaming app on iOS
  55. Apple repeatedly rejects Facebook Gaming app for App Store inclusion: Platform’s rules ban apps whose main focus is distributing other games
  56. Apple App Store Has Denied Hosting Facebook’s Standalone Gaming App At Least 5 Times Since February (Report)
  57. New App Store review processes will let devs challenge guideline violations
  58. Apple to allow developers to challenge App Store Review Guidelines: New systems will put devs in a stronger position to appeal Apple’s decisions and change problematic App Store rules
  59. Stadia Share launches in beta with Crayta in July: Creators will be able to generate shareable links directly to their game sessions
  60. The mystery Pokemon project being developed by Tencent is a cross-platform MOBA
  61. Cyberpunk 2077 has been delayed again—this time to November
  62. Cyberpunk 2077 delayed two more months: CD Projekt Red pushes release back to November 19 saying more time needed for balancing and bug fixing
  63. Population Zero and the dangers of Early Access hype: Three key lessons from a game made by a studio of 60 people, that had a very rough launch
  64. South Australian government extends 10% rebate to its games industry: The production rebate is the first of its kind to be extended to game developers in Australia
  65. Shawn Layden: “I would welcome a return to the 12 to 15 hour AAA game” – At Gamelab Live, the former PlayStation exec discussed the industry’s need to rethink the spiralling costs of AAA development
  66. Call of Duty: Mobile reaches 250m downloads after eight months – Sensor Tower estimates show sharp increase in revenue and downloads since the start of the COVID-19 pandemic
  67. Report: Digital games market revenue reached $10.2 billion in May (SuperData)
  68. Digital games spending reaches $10.2b in May as COVID-19 restrictions relax: Grand Theft Auto 5, Civilization 6 see PC spending surges thanks to free Epic Games Store release
  69. The Last of Us Part 2 smashes sales records | UK Charts: It beats Uncharted 4 to become Sony’s fastest-selling PS4 game
  70. Examining the indie ins and outs of today’s game distribution platforms
  71. Epic Games Store hit 61m MAUs during “The Vault” game giveaway: Epic’s Steam competitor reached 13m peak concurrent users during campaign in which Grand Theft Auto 5 was given away for free
  72. One tricky racing sim: Assetto Corsa Competizione is now on consoles
  73. ‘Fortnite’ To Test Full-Length Film Screenings With Christopher Nolan’s ‘Inception,’ ‘Batman Begins,’ ‘The Prestige’
  74. Fortnite is a masterclass in flexibility | Opinion: Epic’s battle royale is a cultural phenomenon due to a will to challenge fundamental ideas about what a game is and what its players want to experience
  75. FaZe Clan Takes Ownership Stake In Meal Replacement Shake Startup ‘CTRL’
  76. Cloud Gaming – Opportunities and Risks for eSports
  77. Igniting the fire of eSports regulatory reform
  78. Esports as sport
  79. EA: Playing ‘Star Wars: Squadrons’ in VR Will Be “more like being a real pilot”
  80. Facebook acquires Ready at Dawn: Oculus parent picks up Lone Echo franchise studio to work on VR content
  81. Oculus will start offering Quest software regardless of quality
  82. Oculus is winding down Oculus Go support to instead double down on Quest and Rift
  83. Oculus Go headset discontinued: VR company will stop adding developers’ apps and updates to Oculus Store this December, pledges to open up Quest distribution options
  84. Quest-curious VR devs will be able to officially bypass the Oculus Store in 2021
  85. The digitisation of Pokémon: The Pokémon Company’s Peter Murphy discusses the release of the new Isle of Armor DLC
  86. How playtesting influenced the last days of Control’s development
  87. Blog: Game composers and the importance of themes – Part 1
  88. Don’t Miss: A level designer breaks down The Last of Us 2’s trailer level
  89. Don’t Miss: The untold story of Lumines: Electronic Symphony
  90. Don’t Miss: What went right (and wrong) during Deadly Premonition’s development
  91. Video: High-performance animation transitions in Gears of War
  92. Video: Using deep learning to combat cheating in Counter-Strike
  93. Unity’s Learn Premium suite of game dev courses is now available for free
  94. Unity makes premium learning tools free on a permanent basis: More than 350 hours of online courses are now available to everyone due to ongoing impact of COVID-19
  95. Minecraft, King’s Quest, and more join the World Video Game Hall of Fame
  96. U.S. Patent no. 10,325,266: Rewarding classes of purchasers

Jon

Read More | No Comments

News of the Week; June 17, 2020

COMMUNICATIONS

  1. What the Federal Court of Appeal Anti-Spam Law Case Means for the Interpretation of CASL (Michael Geist)
  2. US Falls Out Of Top 10 Fastest Broadband Speeds
  3. Another 5G Infrastructure Win for the Wireless Industry
  4. Senators Wyden And Markey Make It Clear AT&T Is Violating Net Neutrality
  5. AT&T’s “headcount rationalization”—i.e. job cuts—hits thousands more workers
  6. U.S. Commerce Department Revises Export Controls on Huawei, Permits Some Sharing of Export Controlled Technology in Setting Standards for 5G and Other Technology
  7. FCC Republican has “deep reservations” about Trump’s social media crackdown
  8. FCC Adopts Declaratory Ruling and Starts Rulemaking on ATSC 3.0 TV Datacasting Issues – the Broadcast Internet
  9. FCC proposes $225m fine for spoofed robocalls and state AGs follow suit
  10. FCC has “serious doubts” that SpaceX can deliver latencies under 100ms
  11. FCC’s Advisory Committee on Diversity and Digital Empowerment Makes Statement on Civil Rights Demonstrations and the Racial Divide
  12. FCC Reaches $5 Million Settlement with magicJack
  13. FCC Proposes Largest Fine in Its History for Telemarketing Violations
  14. T-Mobile Merger ‘Synergies’ Culminate In Massive 12 Hour Nationwide Outage
  15. The DOJ’s Plan To ‘Fix’ The T-Mobile Merger Is Already A Hot Mess
  16. T-Mobile’s outage yesterday was so big that even Ajit Pai is mad
  17. Platform Mergers: Lessons from a Case in the Digital TV Market (Mark Ivaldi, Jiekai Zhang)

DIGITAL

  1. Undress or fail: Instagram’s algorithm strong-arms users into showing skin
  2. Instagram Users: Post at Your Own Risk. Your Public Content May Be Legally Sublicensed
  3. Instagram To Review Its Policies, Algorithms For Any Bias Against Black Community
  4. Two SDNY Courts Post Opposite Conclusions on Instagram Fair Use
  5. Zoom cites Chinese law to defend censorship of human rights activists
  6. Amid pressure, Zoom will end-to-end encrypt all calls, free or paid
  7. Zoom & China: Never Forget That Content Moderation Requests From Government Involve Moral Questions
  8. Philippines Spits On Free Speech, Convicts Journalist Maria Ressa For Criminal ‘Cyber Libel’
  9. Amazon Senses US Isn’t Currently Receptive To Its Cop Tech, Puts Rekognition On Mothballs For A Year
  10. Internet Archive ends “emergency library” early to appease publishers
  11. Internet Archive Closing National Emergency Library Two Weeks Early, Due To Lawsuit, Despite How Useful It’s Been
  12. KleptoSettlement: Behavioral Advertising Data Collection in Kids’ Apps Leads to Avoidable FTC Fine
  13. Brokerage Account Formation Process Upheld–Valelly v. Merrill Lynch (Eric Goldman)
  14. Justice Department proposes major overhaul of Sec. 230 protections
  15. Per Section 230, Facebook Can Tell This Plaintiff To Piss Off–Fyk v. Facebook (Eric Goldman)
  16. Cybersecurity Experts Support Supreme Court Review of Enigma v. Malwarebytes Ruling on Section 230(c)(2)(B) (Eric Goldman)
  17. Ron Wyden Explains Why President Trump (And Many Others) Are Totally Wrong About Section 230
  18. Justice Department Releases Its Own Preposterous Recommendations On Updating Section 230
  19. Devin Nunes’ Lawyer Tells Judge To Ignore Section 230, Because Twitter Is Anti-Devin Nunes
  20. Senator Hawley’s Latest Dumb Anti-230 Plan Would Wipe Out The President’s Advantage On Facebook
  21. Senator Hawley’s Section 230 Reform Even Dumber Than We Expected; Would Launch A Ton Of Vexatious Lawsuits
  22. Trust & Safety Professional Association Launches: This Is Important
  23. eBay execs sent roaches and “bloody pig mask” to harass journalists, feds say
  24. eBay Execs Thought Sending Dead Pigs, Live Spiders To Small News Website Was A Good Idea
  25. Facebook Defends Not Censoring Political Ads – Looking at the Differences In Regulation of Political Speech on Different Communications Platforms
  26. Facebook to Allow Users to Block all Political Advertising
  27. Facebook Lets Users Turn Off Political Ads, Launches Voter Registration Campaign
  28. The Bureau targets privacy: Facebook Inc. to pay the Competition Bureau a $9M administrative monetary penalty for misleading representations
  29. Why one email app went to war with Apple—and why neither one is right
  30. EC opens antitrust probe into Apple Pay, Apple’s App Store
  31. The European Commission opens formal antitrust probes against Apple in relation to Apple Pay and the App Store
  32. The Antitrust Case Against Apple (Bapu Kotapati, Simon Mutungi, Melissa Newham, Jeff Schroeder, Melody Wang)
  33. A crackdown on illegal content – but at what cost? Debate around the EU’s online liability overhaul
  34. Disclosing networks of state-linked information operations we’ve removed (Twitter)
  35. Has Twitter just had its saddest fortnight ever?: A tool that quantifies global happiness on social media recorded an unprecedented dip in mood starting in May.
  36. Twitter Introduces Audio Tweets, Enabling Users To Share 140-Second Voice Missives
  37. No, Google Didn’t Demonetize The Federalist & It’s Not An Example Of Anti-Conservative Bias
  38. An investigation of Google’s ad personalisation: After 10 years using Google services, here’s what I learned about surveillance capitalism
  39. Google Updates Ad Targeting Policies to Help Prevent Discrimination
  40. New Google rule bans discriminatory targeting for housing ads
  41. Top 50 Most Viewed US YouTube Channels • Week Of 6/15/2020
  42. Top 50 Most Viewed YouTube Channels Worldwide • Week Of 6/15/2020
  43. YouTube Launches $100 Million, Multiyear Fund To Amplify Voices Of Black Creators
  44. ‘Dear Class Of 2020’ Becomes YouTube’s Most-Watched Live Original To Date, Raising $2 Million
  45. YouTube Pulls Creators’ AdSense Fundraisers, Citing Policy Violations—But Will Donate The Amount They Raised
  46. YouTube To Introduce Channel Customization, Rolls Out Algorithm-Generated ‘Creator Mixes’ For Each Viewer
  47. YouTube Rebrands Influencer Marketing Platform ‘FameBit’ To ‘BrandConnect’, Taps Google Vet Lori Sobel To Lead Unit
  48. Buzzy ‘Dad, How Do I?’ YouTube Channel Links With Lowe’s For Father’s Day Contest
  49. Linus from Linus Tech Tips looks back on YouTube comments and Internet fame
  50. OpenZFS removed offensive terminology from its code
  51. Lawsuit vs. Western Digital wants to end any use of SMR in NAS drives
  52. Collapse of Quadriga crypto exchange was a result of fraud, says OSC: With company bankrupt and founder dead, enforcement action ‘not practical’
  53. Machine-learning clusters in Azure hijacked to mine cryptocurrency
  54. Reddit Co-Founder Alexis Ohanian Resigns From Board, As Company Agrees To Replace Him With Black Candidate
  55. Viral TikTok Satirist And Donald Trump Imitator Sarah Cooper Signs With WME
  56. National Security Threat: TikTok
  57. Cars, Guns, Cider, And Snapchat Don’t Cause Crime
  58. District of Columbia AG claims online lender violated usury statutes
  59. Cameo Adds New Product Tier, Enabling Fans To Chat With Celebrities On Zoom
  60. WarnerMedia Axes HBO Go, Rebrands HBO Now In Wake Of Max Launch
  61. Netflix Drops Somber Dave Chappelle Special ‘8:46’ On YouTube, Netting 3.4 Million Views In 24 Hours
  62. Quibi Predicted It Would Net 7 Million Year-One Subscribers. It’s On Track To Bring In Just 2 Million. (Report)
  63. Eyeing Living Rooms, Quibi Reportedly In Talks To Create Roku, Amazon Fire TV Apps
  64. Hulu is ending Hulu VR support for most (but not all) virtual reality headsets
  65. Hulu is Shutting Down Its VR App on Most Headsets Tomorrow
  66. Snap Taps Rickey Thompson, Denzel Dion For Original Docuseries; Re-Ups With Disney, ViacomCBS, More For ‘Discover’
  67. The Young Turks To Drop Non-Political Interview Series On Just-Launched Twitch Channel
  68. ‘Myth: A Frozen Tale’ is Disney Animation’s First Publicly Released VR Short Film, Now on Quest
  69. After Libra, Digital Yuan and COVID-19: Central Bank Digital Currencies and the New World of Money and Payment Systems (Douglas Arner, Ross Buckley, Dirk Zetzsche, Anton Didenko)

A.I.

  1. Why general artificial intelligence will not be realized (Ragnar Fjelland)
  2. Algo IP: Intellectual Property in AI Datasets, Insights and Outputs – the Growing Importance of Trade Secrets
  3. Deepfakes aren’t very good—nor are the tools to detect them
  4. Occupational Change, Artificial Intelligence And The Geography Of EU Labour Markets
  5. If the shoppers can’t come to the shops, let the shops come to them: can AI save our shops?
  6. Artificial Intelligence and Europe: Risks, Developments and Implications (Jacopo Scipione)
  7. The Chinese approach to artificial intelligence: an analysis of policy, ethics, and regulation
  8. Artificial Intelligence and WIPO
  9. Will Robots Replace Patent Examiners?
  10. Who’s a Bot? Who’s Not?: It sometimes seems that automated bots are taking over social media and driving human discourse. But some (real) researchers aren’t so sure.
  11. Can AI mitigate the climate crisis? Not really.
  12. Getting it right: Using consumer-facing AI tools wisely
  13. Don’t Miss: A look at the data-driven AI framework behind Destroy All Humans 2
  14. Boston Dynamics now sells a robot dog to the public, starting at $74,500

INTELLECTUAL PROPERTY

  1. Apple, SOCAN highlights changing role of Copyright Board, says IP professor Ariel Katz
  2. Federal Court of Appeal Issues Two Decisions on the Copyright Act’s “Making Available” Right
  3. I’m So Tired: IP Rights Exhaustion
  4. SA Music LLC v. Amazon.com, Inc.: Court dismisses copyright claims, holding distribution of work through digital music store requires transfer or download of file containing copyright work from one computer to another.
  5. A co-hop-yright clash
  6. Wheely good news for product designers?
  7. Brompton Bicycle – far from folded
  8. Riding copyright in the right direction?
  9. I want to Ride my (Brompton Folding) Bicycle
  10. CJEU confirms that original functional shapes may obtain copyright protection
  11. The CJEU confirms copyright can subsist in functional shapes provided they are original
  12. CJEU rules that functional shapes are eligible for copyright protection, in so far as they are original works
  13. CJEU on eligibility of functional shape under Copyright Law
  14. Can copyright protect technical products? Brompton provides some answers
  15. The Brompton Bicycle – the collapsible bike with a collapsing monopoly?
  16. WIPO brings ‘poor man’s copyright’ into digital age
  17. Copyright protection for Brompton’s folding bicycle? CJEU gives green light to the possibility across Europe
  18. Karen Hepp v. Facebook, Inc.: Dismisses news anchor’s right of publicity claims against Facebook & others, holding exception to safe harbor based on “any law pertaining to intellectual property” does not apply.
  19. Do You Like The Creepy Dolls Horror Subgenre?
  20. Pablo Star Ltd. v. The Welsh Government: Court rejects Welsh government’s motion to dismiss on sovereign immunity grounds finding use of photographs in tourism ads is commercial activity without immunity.
  21. Social media influencers beware: Street art is protected by copyright
  22. Inaccuracies in copyright registration doom fabric designer’s big jury verdict against H&M
  23. Stop Asking Marvel To Keep Cops From Wearing Masks With ‘The Punisher’ Skull On It
  24. Toys “R” Us Successful in Depreciation of Goodwill Claim Against “Herbs R Us”
  25. Canada: Protective Orders in Trademark Cases
  26. Netflix Trumps US Armed Forces in Space Race
  27. Booking.com: Does a dot.com make a brand name distinctive?
  28. Yes, your product is incredible, but should you call it that?
  29. The Kimono controversy: a matter of cultural awareness and risk management
  30. Dissecting SkyKick
  31. Supreme Court Suggests Claim Preclusion May Be Less Relevant to Trademark Cases and Questions Its Applicability to a Defense Rather than a Claim
  32. A trademark tasting session to celebrate World Gin Day
  33. Time to Brighton up that brand portfolio?
  34. Trade marks: Don’t register them “purely as a legal weapon”
  35. The Scent of a Crayon: Unique Complications with Scent and Other Non-Traditional Trademarks in Canada
  36. 3M Continues to Use Lanham Act to Combat Nefarious Use of 3M Mark for N-95 Masks
  37. Flag Day Greetings
  38. My Big Fat Greek Lawsuits
  39. Ninth Circuit Closes Lips on Confusion Claims Against Pucker Vodka
  40. Flying on Red Bull’s wings
  41. UK High Court issues latest decision in MERCK trademark saga
  42. L’Oreal Appeals $66 Million Trade Secret Judgment
  43. UK based .eu domain name owners beware – Brexit is coming
  44. Southern District Of New York Grants Motion To Dismiss Patent And Trade Secret Claims, Finding Patents Ineligible Under Section 101 And That Trade Secret Claim Failed To Identify A Protectable Secret
  45. Follow the Rules! Recent Changes to Canada’s Patent Procedures
  46. PTAB Designates As Informative a Decision Instituting Post-Grant Review for a Design Patent Lacking Ornamentality
  47. Federal Circuit Affirms Rule 12(b)(6) Dismissal Because the Patent Was Directed to the Patent-Ineligible Abstract Idea of Teaching a User to Play the Guitar
  48. Encrypting/decrypting audio data with reduced latency: technical
  49. PTAB Decision on Functional Language for a Camera Claim Limitation
  50. Efficient use of search tools for prior art and patent searching

PRIVACY

  1. B.C. woman finds photos, videos of herself for sale online. And it’s legal
  2. High-tech surveillance amplifies police bias and overreach (Andrew Ferguson)
  3. Quebec Introduces New Amendments to Its Privacy Regimes
  4. Congressional Reps Demand Federal Law Enforcement Agencies Stop Surveilling Protesters
  5. Tradeoffs: Facebook Helping The FBI Hack Tails To Track Down A Truly Awful Child Predator Raises Many Questions
  6. UPnP flaw exposes millions of network devices to attacks over the Internet
  7. Knoxville shuts down parts of its network after being hit by ransomware
  8. Intel will soon bake anti-malware defenses directly into its CPUs
  9. More than 7 in 10 Americans won’t use contact-tracing apps, data shows
  10. Political groups use “deeply spooky” protester location data, report finds
  11. Tracking Kids Through Your App? Think Again.
  12. Data Sharing Without Borders: New ‘landmark’ US-UK data sharing agreement.
  13. Data protection, gaming affiliates, & direct marketing – processor or controller?
  14. Highest German Court Rules on Cookie Consent (Planet49)
  15. Can You Build A Privacy Law That Doesn’t Create Privacy Trolls?
  16. A tale of two cybers – how threat reporting by cybersecurity firms systematically underrepresents threats to civil society (Lennart Maschmeyer, Ronald Deibert, Jon Lindsay)
  17. Own Data? Ethical Reflections on Data Ownership (Patrik Hummel, Matthias Braun, Peter Dabrock)

CREATIVITY   

  1. Appeals Court Again Says That The White House Can’t Just Remove A Press Pass Because It Didn’t Like A Reporter Mocking Seb Gorka
  2. The First Amendment Protects Radio Hosts Covering Online Attacks Against A Sports Referee
  3. Trump Campaign Is So Pathetic It Claims CNN Poll Is Defamatory; Demands Retraction
  4. Legally Bombed: Reese Witherspoon’s Clothing Company Earns Failing Grade on ‘Free Dress’ Giveaway
  5. Stolen Banksy mural rediscovered in Italian farmhouse
  6. Is it Misleading to Name a Product “Potato Skins Snacks” When the Product Isn’t Made From Potato Skins?
  7. Retrial Ordered in Libel Case Concerning UK Polish-Language Newspaper

GAMES

  1. Judge rejects defence theory of ‘gaming consciousness’ and convicts man of Marpole murders
  2. Federal Court Affirms Activision’s First Amendment Rights In Using Humvees in ‘Call Of Duty’ Game
  3. Activision investigating after Modern Warfare update goes rogue on Xbox
  4. Nintendo issues cease-and-desist for Switch modchip installation service
  5. Nintendo Cryptically Points Out That Selling ‘Animal Crossing’ Assets For Real Money Violates ToS
  6. Rockstar stops hackers from spawning KKK members in Red Dead Online
  7. FDA approves game marketed as a treatment for ADHD: Prescription-only device is first game-based therapy the US agency has approved for any condition
  8. May I Have This Dance? Epic Games Prevails in Second Dance Emote Suit.
  9. Fortnite Defeats Another Lawsuit Over Emote Dance Moves–Brantley v. Epic Games (Eric Goldman)
  10. Duke Nukem and the Dangers of Acquired IP in Serial Game Development
  11. Gearbox sues 3D Realms for breach of Duke Nukem acquisition contract: After original Duke Nukem composer sues Gearbox over royalties, developer brings in original IP owner
  12. Manchester United sues Football Manager makers for trade mark infringement
  13. Developers remove games from Steam over Valve’s Black Lives Matter silence
  14. Riot Games exec Ron Johnson resigns following inflammatory George Floyd Facebook post: Johnson exercised “really poor judgement” says Riot CEO Nicolo Laurent
  15. Little Devil Inside dev apologizes for racist stereotypes shown in trailer
  16. “The industry hasn’t changed enough — not even close”: POC in Play’s Chella Ramanan and Adam Campbell on the industry’s response to the Black Lives Matter movement, and the effort needed to make a lasting change
  17. Kowloon Nights launches $2m fund for projects by Black creators: Fairchild Initiative aims to empower Black-owned and led studios worldwide
  18. The itch.io Bundle for Racial Justice and Equality has surpassed its $5M goal
  19. Itch.io Bundle for Racial Justice and Equality finishes with $8.1m raised: Over 810,000 people purchased the bundle, which contained more than 1,700 games
  20. Humble Bundle launches Fight for Racial Justice bundle: 100% of proceeds will support NAACP Legal Defense Fund, Race Forward, and The Bail Project
  21. Humble’s huge ‘Fight for Racial Justice’ charity bundle has already raised over $1.3M
  22. Applications are open for Humble’s $1 million Black Game Developer Fund
  23. GDC renews commitments to supporting game developers in marginalized communities
  24. Square Enix apologises for “insensitive” Marvel’s Avengers tweet: “Now was not the appropriate time to share this content.”
  25. Tomb Raider and Deus Ex dev Eidos Montreal opens new R&D studio
  26. Square Enix announces new Eidos-Sherbrooke studio: The newly created R&D studio will be remote, with premises not due to open until early 2021
  27. The importance of diversity in games
  28. The chicanery of Penguin Cretins: Valve maintains its signature silence as wayward developers code-swap games on Steam, leaving users frustrated and confused
  29. UK government to call for evidence that loot boxes should be classed as gambling: DCMS confirms call will begin later this year, findings will be considered alongside a review of the Gambling Act
  30. The UK Government sets out its plan of action on immersive technologies (mostly video games)
  31. Capcom bans ex-EVO champion after racist tweet: Ryan “FChamp” Ramirez apologizes for “very insensitive” post, refuses to call it racist
  32. Xbox demands racist influencer team disassociate from its brand: Brazilian streamers XboxMilGrau has been banned on Twitch and YouTube, reportedly worked with Microsoft in the past
  33. Virtual concert company Wave nets $30 million to stage more interactive gigs
  34. Devs can now dig around in the source code for three games from Blendo Games
  35. Resident Evil becomes first Capcom franchise to surpass 100 million sales
  36. Neostream will change character designs using racist stereotypes: The developer was criticised following Little Devil Inside’s appearance at the PS5 reveal last week
  37. EA extends free Xbox Series X upgrade offer for Madden NFL 21 after player complaints: Publisher is not using Xbox’s Smart Delivery tech, but instead using its own ‘Dual Entitlement’ model
  38. Xbox expands on Smart Delivery, confirms game progress will carry forward
  39. PS5 will far outsell Xbox Series X, predicts analyst: Ampere’s Piers Harding-Rolls expects PS5 to sell 66 million sold by end of 2024, compared to 37 million for Series X
  40. Sony unveils PlayStation 5 design, but remains silent on price
  41. Spider-Man, Ratchet and Clank, Gran Turismo, and more are coming to PS5
  42. Sony finally reveals PlayStation 5 hardware—and a discless “Digital Edition”
  43. PlayStation 5’s reveal was all about continuity | Opinion: Laser-focused on game announcements, Sony’s unveiling was an hour-long promise to maintain the software strategy that has driven the PS4’s success
  44. Sony announces PlayStation 5 Digital Edition: Two versions of next-gen console shown alongside 26 upcoming games
  45. PS5 Digital Edition exists because “many consumers purchase solely digitally”: PlayStation boss says no news on price but platform holder is focused on “getting the value equation right”
  46. GTA Online is getting a standalone release on PlayStation 5
  47. Grand Theft Auto Online coming to PS5 for free in 2021: Standalone version of GTAV’s online game will be available as a free exclusive for three months
  48. Grand Theft Auto Online is a killer app for PlayStation 5 | Opinion: The deal between PlayStation and Rockstar has the potential to win over millions of fans for Sony’s next console
  49. Bethesda’s Deathloop and Ghostwire: Tokyo will be timed PS5 exclusives – New games from Arkane and Tango Gameworks among a handful of console exclusives at PS5 reveal event
  50. The PlayStation 5 looks to be the biggest game console in decades
  51. Data suggests almost half of Xbox One users also own a PlayStation 4
  52. Google cuts Stadia Premiere Edition price from $130 to $100
  53. Google Stadia Premiere Edition gets a price cut: But it’s no longer offering three months of Stadia Pro for free
  54. Ubisoft’s next open-world game leaks as an unfinished prototype on Stadia
  55. The Evolution of Game Genres: NES, Gameboy, and SNES
  56. Playable Worlds raises $10 million to beef up cloud-based game tech
  57. For sale to good home: Warner Bros’ gaming division
  58. AT&T reportedly looking to sell Warner Bros Interactive Entertainment: Take-Two, EA, Activision Blizzard among potential buyers for potential $4 billion purchase of division
  59. Analyst says a WBIE deal could “set off a wave” of mergers, acquisitions: Stephens’ Jeff Cohen expects largest publishers will be looking to expand their line-ups going into the next generation
  60. Report: Fortnite maker Epic could sell stake at $17 billion valuation
  61. Epic reportedly worth $17 billion in new funding round: Bloomberg reports that the Fortnite firm is about to close a $750 million round
  62. Fortnite “The Device” event was capped at 12m players: But 8.4 million more watched live on Twitch and YouTube
  63. Latest Fortnite event attracts 12M in-game players, another 8.4M via streams
  64. Virtual concert firm Wave raises $30m in funding: Series B round will fund “in-game activations and social experiences at the nexus of gaming and entertainment”
  65. NPD: May US game sales jump 52% – Despite no new releases in the top 10, software sales up 67% as hardware grows 56% for strongest May numbers since 2008
  66. Mario Kart 8: Deluxe races back to pole position | UK Charts – Ring Fit Adventure holds firm at No.2
  67. Brawl Stars outpaces Clash Royale on Chinese App Store launch: Supercell’s new game also earned more in one week in China than on its global launch, according to Sensor Tower estimates
  68. NetEase teams up with Warner Bros for The Lord of the Rings: Rise to War
  69. New Zealand games industry shrunk 9% in 2019: Rebound expected as next gen console releases loom and subscription service revenue climbs
  70. The Last of Us Part 2 | Critical Consensus: Naughty Dog’s latest is a great achievement, but a sky-high Metacritic score masks discord among critics about its treatment of violence
  71. The Last of Us Part 2 review: A less confident, less focused sequel
  72. Studio 369 formed out of Rune 2 launch disaster
  73. Unity changes up its business model to prioritize long-term support services
  74. Playable Worlds lands $10m investment: Galaxy Interactive leads Series A funding for Raph Koster’s sandbox MMO company
  75. Ziggurat has acquired the BloodRayne franchise and other Majesco licenses
  76. Ziggurat Interactive acquires BloodRayne and other Majesco licenses: Retro publisher working with BloodRayne dev to revive franchise
  77. Facebook Gaming Snags TikTok Star Noen Eubanks For Exclusive Livestreaming Deal
  78. Facebook Gaming Expands Availability Of Key Monetization Tools, Readies New ‘Live Breaks’ Ad Format
  79. Twitch Looking To Give Creators More Control Over Clips After “Sudden Influx” Of Copyright Claims
  80. Twitch Faces the Music: A Sudden Influx of DMCA Takedown Notices Hits Twitch
  81. WWE Lawyers DMCA Tweet With Video Of Independent Wrestling Event, Probably Over A Hashtag That Promotes WWE
  82. Verizon Inks Three-Year Sponsorship Deal For Riot Games’ ‘League Of Legends’ Championships
  83. Luckbox closes $3.8m investment round: Esports betting platform prepares to go public after turnover increases 13 times since March
  84. Is Esports Betting Sports Betting in Iowa?
  85. Influencers and esports
  86. COVID-19 & Esports – Part 1 – The Economic and Industry Impact
  87. COVID-19 & Esports – Part 2 – The Socio-Cultural Context
  88. COVID-19 & Esports – Part 3 – Implications For the Future
  89. PlayStation 5 Will Support PSVR, Sony Affirms
  90. Armed and Gelatinous: Building an arcade cabinet that sticks – Rob Howland and Anthony Prusakowski on taking a goopy game jam title to the arcade, and why that approach might benefit indie developers
  91. Double Loop’s plans for relaxing mobile games are far from “casual”
  92. Talking Tiberium: Command & Conquer dev on LAN mode, going open source, and more
  93. Boomshakalaka: How the original NBA Jam caught fire through chaos
  94. Pokemon takes another stab at free-to-play with Pokemon Cafe Mix
  95. Pokemon Go dev Niantic delays plans to end support for 32-bit Android devices
  96. Pokemon Snap is being revived on the Nintendo Switch
  97. Over 21 years later, Pokémon Snap is coming back on Switch
  98. Dissecting the dual-genre design of Disintegration
  99. Don’t Miss: Creating the ‘hidden horror’ of Observer
  100. Don’t Miss: Making Insomniac’s Spider-Man do what a spider can
  101. Don’t Miss: What was it like programming Skyrim?
  102. Don’t Miss: The game is the boss – Housemarque’s Resogun postmortem7
  103. Blog: Starcom: Nexus postmortem, an indie dev journey
  104. Blog: Finding, choosing, and managing moderators
  105. Video: Golden rules for designing chatbot games
  106. Watch EA’s Jim Vessella discuss the remastering of Command & Conquer
  107. Niantic to promote 1,000 small businesses in Pokemon Go for free for a year: Players can nominate favorite local spots across US, Japan, Great Britain, Canada, Mexico
  108. An EVE Online mini-game is helping researchers better analyze COVID-19 data
  109. EVE Online’s latest citizen science project to help COVID-19 research: CCP Games has announced the third phase of its Project Discovery initiative
  110. U.S. Patent no. 10,322,346: Interactive collectible card games with defense and offence team formations
  111. U.S. Patent no. 10,322,351: Matchmaking system and method for multiplayer video games

Jon

Read More | No Comments

News of the Week; June 10, 2020

COMMUNICATIONS

  1. CASL is Constitutional: Federal Court of Appeal Upholds Constitutionality of Canada’s Anti-Spam Law (Michael Geist)
  2. No Opinions Permitted: Broadcast Panel Rules Jokingly Criticizing Canadian Content During Radio News Segment Violates Code of Ethics (Michael Geist)
  3. Verizon Appeals NAD Decision Regarding 5G Claims
  4. 5G Conspiracy Idiots Now Threatening Telecom Workers That Don’t Even Work In Wireless
  5. Cox slows Internet speeds in entire neighborhoods to punish any heavy users
  6. Major ISP Cox Begins Throttling Entire Neighborhoods for ‘Excessive Usage’
  7. Small ISP cancels data caps permanently after reviewing pandemic usage
  8. Cable Customers Have Paid $3.5 Billion For Sports They Can’t Watch
  9. Ajit Pai caves to SpaceX but is still skeptical of Musk’s latency claims
  10. FCC failed to monitor Chinese telecoms for almost 20 years: Senate report
  11. FCC Delays Law Banning Your ISP From Charging You ‘Rental Fees’ For Hardware You Already Own

DIGITAL

  1. CDT First Out The Gate In Suing To Block Donald Trump’s Silly Executive Order On Section 230
  2. Think Of The Kitten: A Crash Course On Section 230
  3. Twitter Taking Down Trump Campaign Video Over Questionable Copyright Claim Demonstrates Why Trump Should Support Section 230
  4. Senators Rubio, Hawley, Loeffler And Cramer Ask The FCC To Reinterpret Section 230 In A Totally Ridiculous Manner
  5. Looking at the President’s Executive Order on Online Media – Part 2, What Real Risk Does It Pose for Media Companies?
  6. The President Goes on the Offensive Against Social Media Platforms
  7. My Galley by CJR Interview on Trump’s Anti-Section 230 Executive Order (Eric Goldman)
  8. Section 230 Ends Demonetized YouTuber’s Lawsuit–Lewis v. Google (Eric Goldman)
  9. Section 230 Applies to Publicity Rights Claim–Hepp v. Facebook (Eric Goldman)
  10. What is a “True Threat” Online?–In re. R.D. (Eric Goldman)
  11. #ShareTheMicNow Campaign Seeks To Magnify The Voices Of Black Women On Instagram
  12. Former NFL Player Emmanuel Acho Launches Viral ‘Uncomfortable Conversations With A Black Man’ Series
  13. Facebook Shareholders The Latest Group To Ask Facebook To Drop Its Encryption Plans
  14. Coming This Summer: Facebook Will Begin Blocking Advertisements From State-Controlled Media Entities In The United States
  15. The Internet’s most important—and misunderstood—law, explained
  16. Apple is now worth 1.5 trillion dollars
  17. Norway Supreme Court Signs Off On Apple’s Harassment Of An Independent Repair Shop
  18. Instagram just threw users of its embedding API under the bus
  19. IBM asks Congress for police reform, leaves facial recognition business
  20. “Culture of workplace fear” leads to COVID-19 spread at Amazon, suit says
  21. Online content sharing – pay to play?
  22. Choose-Your-Own-Adventure Film App ‘Whatifi’ Launches With $10 Million In Venture Funding
  23. YouTube Provides Rare, Robust Window Into Monetization Guidelines For Creators
  24. Top 50 Most Viewed YouTube Channels Worldwide • Week Of 6/08/2020
  25. Top 50 Most Viewed YouTube Channels Worldwide • Week Of 6/01/2020
  26. Top 50 Most Viewed US YouTube Channels • Week Of 6/08/2020
  27. Top 50 Most Viewed US YouTube Channels • Week Of 6/01/2020
  28. U.S. Kids Spend 86 Minutes Per Day Watching YouTube Videos—And 82 Minutes Watching TikTok (Study)
  29. Despite National Security Concerns, This Congressman Has Launched A Quippy TikTok Account
  30. Don Henley Tells Senators: We Must Change Copyright Law… Because The People Like TikTok?
  31. Jake Paul Charged With Criminal Trespass And Unlawful Assembly After Denying Looting At Arizona Mall
  32. Instagram and Embedding Photos – An Update and a Bombshell (?) from Instagram
  33. New CAP/CMA Guidance: #Ad(vice) for Influencers
  34. Influencer marketing and obvious brand references
  35. The Playlist: DLA Piper’s music law updates
  36. Google Meet takes on Zoom with AI-powered noise cancellation
  37. Zoom defenders cite legit reasons to not end-to-end encrypt free calls

A.I.

  1. Algo IP: Intellectual Property in Algorithms, Computer Generated Works and Computer Implemented Inventions
  2. Protecting AI inventions
  3. Artificial Intelligence Systems and IP
  4. What if HAL could have IP rights? WIPO joins the conversation on AI and IP
  5. This bot hunts software bugs for the Pentagon
  6. Balancing the stealth AI in Splinter Cell: Blacklist

INTELLECTUAL PROPERTY

  1. Entertainment Software Assoc. v. Society Composers, (2020 FCA 100)
  2. CMRRA-SODRAC Inc. v. Apple Canada Inc., (2020 FCA 101)
  3. Read All About It: SDNY Rejects Newsweek’s Defenses Over Embedded Content Copyright Claims
  4. Brown v. Netflix Inc.: Use of eight seconds of children’s song “Fish Sticks n’ Tater Tots” in documentary film depicting burlesque dancer in “reverse mermaid” costume was held to be transformative fair use
  5. Major Publishers Sue The Internet Archive’s Digital Library Program In The Midst Of A Pandemic
  6. After Taming Open Access, Academic Publishing Giants Now Seek To Assimilate The World Of Preprints
  7. The Federal Court of Appeal Makes its Making Available Judgment Available: It’s Not Just About “The Vibe”
  8. Access Copyright v. York University – Some Thoughts on the Federal Court of Appeal’s Judgment (Howard Knopf)
  9. Judge Orders Down ‘N Out Burger Joint To Hand Over All Signage To In-N-Out, Which Has Almost No Presence In Australia
  10. Unauthorized Photographs: The Rights Of The People We Capture
  11. With website blocking and international treaties, copyright law evolves with the digital domain
  12. Copyright: Works of artistic craftsmanship and Cofemel
  13. No, California Law Review, Food Plating Does Not Deserve Copyright Protection
  14. Is 3D printing a threat to the value of IP portfolios?
  15. Making the best of a bad situation – Canadian trademark trends in a time of change
  16. Trademarks: Specifications and bad faith
  17. Supreme Court Helps Trademark Owners: Proof of “Willfulness” Is Not Required To Recover Infringer’s Profits
  18. Baskin in glory: the Tiger King loses zoo to rival in trade mark battle
  19. Trump Campaign Gets Parody Cartoon Taken Down Off Redbubble Over Trademark Claim On MAGA Hats
  20. Infringement Action Under PM(NOC) Regulations Cannot Become Moot
  21. Traditionally bred plants and animals are no longer patent eligible at the European Patent Office – what is still protectable?
  22. Impact of COVID-19 on patent ecosystem
  23. Design Patent Protection for Fashion
  24. Joint Ownership of Patents: It Is Not Always Nice to Share
  25. A Non-Precedential Case Study: Federal Circuit Says District Court Did Not Clearly Err in Holding Dosing Patent Invalid Based on Obviousness and Obviousness Type Double Patenting

PRIVACY

  1. FTC settles with children app developer for COPPA violations
  2. Iran- and China-backed phishers try to hook the Trump and Biden campaigns
  3. DEA Wants In On The Fun, Asks DOJ To Give It Permission To Surveil George Floyd Protests
  4. Senator wants to know if police are using Clearview to ID protesters
  5. Chicago Mayor Says City’s Police Officers Will Be ‘Stripped Of Their Powers’ If They Turn Off Their Cameras
  6. Hackers for hire targeted hundreds of institutions, says report
  7. Schools turn to surveillance tech to prevent COVID-19 spread
  8. Plundering of crypto keys from ultrasecure SGX sends Intel scrambling again
  9. Investigation Shows Governor’s Claims That Democrats Tried To Hack The Georgia Election Were B.S.
  10. Researchers say online voting tech used in 5 states is fatally flawed
  11. Study Shows Major E-Voting System Open To Numerous Hacking Attacks
  12. Carnegie Mellon Researchers Design ‘Nutrition Label’ For The Internet Of Broken Things

CREATIVITY   

  1. Fox News Is a Flaming Pile of Garbage, But You Can’t Sue Them for That–WASHLITE v. Fox News (Eric Goldman)
  2. #NoRightsMatter: US Postal Service, Law Enforcement Team Up To Seize ‘Black Lives Matter’ Facemasks
  3. Sheriff Goes All In On Violating The First Amendment After Assaulting A Protester For Carrying A ‘F*CK TRUMP’ Sign
  4. Adam Rapoport: Bon Appetit editor resigns over ‘racist culture’
  5. Staff Of Bon Appétit Apologized For Being Complicit In Racism: “The deeply offensive photo circulating of Adam is horrific on its own, but also speaks to the much broader and longstanding impact of racism at these brands.”
  6. New Report Details Pervasive Culture of Racism at Bon Appétit: ‘Nowhere Have I Ever Felt More Isolated’: Business Insider report describes “toxic” workplace in which people of color are regularly sidelined & paid less
  7. If The NY Times Doesn’t Publish My OpEd On Why James Bennet Is An Incompetent Dweeb, It Must Hate Free Speech
  8. No, The Resignation Of NYT Editor James Bennet Does Not Mean American Newsrooms Have ‘Turned Into College Campuses’
  9. Big Little Material Omissions: Reese Witherspoon and Draper James Subject of Class Action Lawsuit
  10. Guelph Treasure Heirs Respond to U.S. Brief that Argued Nazi Art Theft Was a Domestic Affair
  11. The F-word’s hidden superpower: Repeating it can increase your pain threshold
  12. Electric race cars and human drama on display in And We Go Green

GAMES

  1. Ubisoft Alleges Rainbow Six Siege Infringement by Ejoy.com
  2. Sony fined $3.5 million for issuing ‘misleading’ refund advice to PlayStation users
  3. Investors argue against excessive pay package for Activision CEO
  4. Activision Blizzard shareholders upset over CEO Bobby Kotick’s compensation: Publisher defends Kotick’s pay despite his “apparent failure” to meet performance targets
  5. UK government calls for more evidence in ongoing loot box debate 
  6. UK could class loot boxes as gambling to protect children: Ministers call for evidence on video games such as Fifa that charge money for rewards
  7. Government Response to the Digital, Culture, Media and Sport Select Committee Report on Immersive and Addictive Technologies (U.K. Secretary of State for Digital, Culture, Media and Sport)
  8. Escape from Tarkov dev Battlestate will clamp down on real world trading
  9. Brantley v. Epic Games, Inc.: Trademark & related claims targeting use of “Running Man” dance move in Fortnite dismissed; claims pre-empted by Copyright Act & failure to allege protectable trademark.
  10. Riot exec resigns after blaming George Floyd’s death on his lifestyle
  11. Riot Games exec placed on leave for Facebook post blaming George Floyd’s death on “criminal lifestyle”: “The sentiment…is…counter to our belief that addressing systemic racism requires immediate societal change”
  12. Riot pledges $10 million to create pathways for minority-led studios
  13. Itchio’s Bundle for Racial Justice and Equality has raised $2.4M with one week left to go
  14. Canadian publisher Klei donates $1 million to Black Lives Matter charities
  15. EA Sports pledges to up efforts to fight toxic behavior in its games: Publisher promises increased resources, in-game tools, better filters amid global protests against racism and police brutality
  16. Games industry donates to Black Lives Matter and more to support US protests
  17. Neil Druckmann: The Last of Us Part 2 will “normalise stuff that is normal” – Naughty Dog director reacts to leaks, says people who will “benefit most from this story are the ones yelling the loudest”
  18. Naughty Dog ramps up accessibility options for The Last of Us Part II
  19. Red Candle Games’ Devotion is getting a relaunch (in Taiwan)
  20. Devotion gets a physical release in Taiwan: Red Candle Games’ horror title returns in limited capacity after developer pulled it from Steam last year
  21. Guinness World Records People Accidentally Claiming Copyright On Tons Of ‘Super Mario Bros.’ Speedruns
  22. Sky Sports working with FIFA devs to artificially fill Premier League stadiums
  23. EA Access inches closer to Steam launch as more EA games go up for sale
  24. Epic Games Store scores next Total War game as exclusive: A Total War Saga Troy will only be available through Epic for the first year, will be free for the first 24 hours
  25. Ahead of PS5 showcase, Microsoft confirms Hellblade II will run on Unreal 5
  26. Nintendo claims 300K accounts have been hacked after NNID security breach
  27. Hacks Are Always Worse Than Reported: Nintendo’s Breached Accounts Magically Double
  28. From Zelda to Civ to Frostpunk—can climate change be fun?
  29. Online sales up 517% at GameStop, though overall sales are still on a decline
  30. GAME re-opening stores on June 15: All stores in England and North Ireland will open doors next Monday, but Belong Arenas remain closed
  31. UK retailer Game will isolate trade-in stock for three days to stop COVID-19
  32. My.Games offers 90/10 revenue split to devs that promote its store: All other studios will get 70/30 as company seeks to reward those that bring new users to its marketplace
  33. Cyberpunk 2077 will come to Stadia after console, PC launch
  34. Sony’s Back Button Attachment is finally back in stock, so here’s our review
  35. Despite 100GB video games, average download times are decreasing
  36. How Sega hopes to use Japanese arcades as streaming data centers
  37. Outer Worlds on Switch: A monumental, messy conversion on weak hardware
  38. Command & Conquer Remastered Collection review: Loving the smell of Tiberium
  39. Bungie will cycle out content to keep Destiny 2 fresh well into next-gen
  40. Destiny 3 may never exist—to that end, the series will wipe older campaign content
  41. Mobile publisher Playrix acquires Croatian game studio Cateia Games
  42. Playrix acquires Croatian PC developer Cateia Games
  43. Kalypso Media has acquired Port Royale developer Gaming Mind Studios
  44. Australian games industry valued at $3.6b in 2019: Software, hardware, and accessories sales were down, but subscription revenue rose 28% year-over-year
  45. Guilty Gear dev Arc System Works opens new division to expand globally
  46. Arc System Works to expand international business with new division: Guilty Gear creator Daisuke Ishiwatari becomes chief creative officer as part of broad restructuring
  47. Unity report shows massive spike in video game business due to COVID-19
  48. Unity: Fine-tuning solutions to gaming’s “massive content problem” – Brett Bibby on helping developers to meet a 100x increase in game content, and Unity’s solutions to the spread of remote working
  49. Bloodstained: Ritual of the Night has sold over 1 million copies worldwide
  50. Chinese game company NetEase has opened a new studio in Japan
  51. Tinybuild: Indie publishers must move beyond “transactional relationships”
  52. You have five seconds: Why you need strong visual design in your indie game: Skelattack’s creator David Stanley on why first impressions are everything, plus art tips so your assets stand out
  53. YouTube Pacts With Geoff Keighley For Exclusive ‘Summer Game Fest’ Programming
  54. The Esports Boom: A Temporary ‘Sports Fix’ or in a League of Its Own?
  55. Boom.tv raises $10m in Series A funding: Bitkraft leads investment round to support Code Red ProAm series, esports entertainment platform
  56. I choose you: Pokémon Draft League brings pro sports excitement to the game
  57. FaZe Clan To Release Movie Slate Beginning This Year In Pact With ‘Invisible Narratives’
  58. SimRefinery, a long lost training simuator from Maxis, has been recovered
  59. A lost Maxis “Sim” game has been discovered by an Ars reader [Updated]
  60. Deep Dive: Designing the Super Mario Maker-inspired I Wanna Maker
  61. Video: Harmonizing the creative and business goals of Dead by Daylight
  62. Video: Designing Headliner to teach players about media manipulation
  63. Video: Designing Mortal Kombat 11’s empowering tutorial mode
  64. Don’t Miss: Big Huge Games’ postmortem of Kingdoms of Amalur: Reckoning
  65. Don’t Miss: A postmortem of Tom Clancy’s Splinter Cell
  66. Don’t Miss: Making Oxenfree’s narrative unfold like a free-flowing conversation
  67. Don’t Miss: What went right (and wrong) during the development of Persona 4
  68. Don’t Miss: As traffic hits all-time high, Jackbox adjusting to dev’ing from home
  69. Blog: Steam’s wishlist conversions – how hot are yours?
  70. Blog: Understanding open world level design – Part 5
  71. Blog: Moving on stairs in a 2D side-scroller
  72. Blog: Some thoughts about research and upgrades in RTS games
  73. Blog: Making a SNES game in 2020

Black Lives Matter Online Virtual Issue of the Information, Communication & Society Journal (“iCS”)

Like millions of other academics and citizens worldwide the senior editorial team of the iCS Journal were shocked and appalled by the brutal killing of George Floyd as yet another example of the unrelenting and deep-seated racism in our societies. iCS like many other journals has always sought to publish and disseminate research findings that address questions of race, ethnicity and discrimination in order to expose such injustices. It is of course no surprise that the discrimination found in everyday life is sadly replicated online and through social media. Following the suggestion of one of their Editorial Team, Victor Avila Torres, they have selected the following published articles dealing with online racism, discrimination and discursive oppression for wider circulation. In solidarity with the Black Lives Matter campaign these are now freely available to download and share.

Anastasia Kanjere (2018) Defending Race Privileges on the Internet: How witness uses innocence discourse online
https://www.tandfonline.com/doi/full/10.1080/1369118X.2018.1477972?src=recsys&

Jen Schradie (2012) The Trend of Class, Race and Ethnicity in Social Media Inequality
https://www.tandfonline.com/doi/full/10.1080/1369118X.2012.665939

Ariadna Matamoros-Fernández (2017) Platformed Racism: the mediation and circulation of an Australian race-based controversy on Twitter, Facebook and YouTube
https://www.tandfonline.com/doi/full/10.1080/1369118X.2017.1293130

Summer Harlow and Anna Benbrook (2017) How #Blacklivesmatter: Exploring the role of hip-hop celebrities in constructing racial identity on Black Twitter
https://www.tandfonline.com/doi/full/10.1080/1369118X.2017.1386705

Andre Brock, Lynette Kvasny and Kayla Hales (2010) Cultural Appropriations of Technical Capital: Black women, weblogs and digital divide
https://www.tandfonline.com/doi/full/10.1080/1369118X.2010.498897

Kishonna L. Gray (2012) Intersecting Oppressions and Online Communities: Examining the experiences of women of color on Xbox Live
https://www.tandfonline.com/doi/full/10.1080/1369118X.2011.642401

Apryl Williams and Vanessa Gonlin (2017) I Got All My Sisters With Me (On Black Twitter): Second screening of ‘How to get away with murder’ as a discourse on black womanhood
https://www.tandfonline.com/doi/full/10.1080/1369118X.2017.1303077

Karen Mossberger, Caroline J. Tolbert and Christopher Anderson (2016) The Mobile Internet and Digital Citizenship in African-American and Latino Communities
https://www.tandfonline.com/doi/full/10.1080/1369118X.2016.1243142

Deborah Gabriel (2016) Blogging while Black, British and Female: a critical study on discursive activism
https://www.tandfonline.com/doi/full/10.1080/1369118X.2016.1146784

Seeta Pena Gangadharan and Jedrzej Niklas (2019) Decentering Technology in Discourse on Discrimination
https://www.tandfonline.com/doi/full/10.1080/1369118X.2019.1593484

Correa, T. and Jeong, S.H. (2010) Race and Online Content Creation: Why minorities are actively participating in the Web
https://www.tandfonline.com/doi/full/10.1080/1369118X.2010.514355

Kanjere, A. (2018) Defending race privilege on the Internet: how whiteness uses innocence discourse online
https://www.tandfonline.com/doi/full/10.1080/1369118X.2018.1477972

Lu. J.H., and Steele, C.K. (2019) ‘Joy as resistance’: cross-platform resilience and (re)invention of Black oral culture online
https://www.tandfonline.com/doi/full/10.1080/1369118X.2019.1575449

Book Reviews:

Yan Wang (2018) Constructing Digital Cultures: Tweets, trends, race and gender by Judith E. Rosenbaum
https://www.tandfonline.com/doi/full/10.1080/1369118X.2018.1550098?src=recsys

Kinga Polynczuk-Alenius (2019) Algorithms of Oppression: How search engines reinforce racism by Safya Umoja Noble
https://www.tandfonline.com/doi/full/10.1080/1369118X.2019.1593485?af=R

Jon

Read More | No Comments

News of the Week; June 3, 2020

COMMUNICATIONS

  1. AT&T exempts HBO Max from data caps but still limits your Netflix use: AT&T-owned HBO Max gets special treatment on AT&T network.
  2. Net Neutrali-what? AT&T’s New Streaming Service Won’t Count Against Its Broadband Caps. But Netflix Will.
  3. AT&T’s Streaming Headaches Continue As Contract Feuds Keep New TV Service Off Amazon, Roku
  4. FCC Republican excitedly endorses Trump’s crackdown on social media
  5. Last Minute Addition To Louisiana Bill Hamstrings Community Broadband
  6. A $350 “anti-5G” device is just a 128MB USB stick, teardown finds: 5GBioShield uses “quantum nano-layer technology” to restructure reality itself.
  7. Robocalls Down 50% in Eight Months!: How Changes in Technology and Regulator Priorities Have Accomplished What Lawsuits Never Could
  8. FCC Waives Broad Outreach Recruitment Requirements to Allow Re-hiring of Employees Laid Off Due to COVID-19
  9. What’s New in 5G – June 2020

DIGITAL

  1. Russian hackers are exploiting bug that gives control of US servers
  2. White House, Trump accounts both get Twitter rulebreaker warning
  3. No, Twitter Fact Checking The President Is Not Evidence Of Anti-Conservative Bias
  4. Facebook employees revolt over Zuckerberg’s stance on Trump
  5. Employees, civil rights groups blast Facebook inaction on Trump statements
  6. Facebook’s Oversight Board Can’t Intervene, So Stop Asking
  7. President Trump’s Executive Order
  8. Trump Prepares Order to Limit Social Media Companies’ Protections: The move is almost certain to face a court challenge and signals the latest salvo by President Trump to crack down on online platforms.
  9. A Quick Take on the May 26 Executive Order on Platforms and CDA 230
  10. Executive Order “Clarifies” (Rewrites) Online Speech Protections
  11. Trump’s “Preventing Online Censorship” Executive Order Is Pro-Censorship Political Theater (Eric Goldman)
  12. The Two Things To Understand About Trump’s Executive Order On Social Media: (1) It’s A Distraction (2) It’s Legally Meaningless
  13. Executive order targeting social media companies unlikely to change foundational internet law
  14. Section 230 Executive Order Strikes Back at Twitter, But Legal Impact Likely to be Limited
  15. Trump’s Executive Order Targeting Social Platforms Could Hurt “Internet Freedom,” Google Says
  16. President Trump’s Social Media Executive Order Would Restrict Legal Protections for Internet Speech
  17. Trump Issues Executive Order Aimed at Curtailing Online Platforms’ Immunity for User Generated Content
  18. Executive Order Aimed at Restricting Civil Liability Protections Afforded to Social Media Companies
  19. The Implications of Trump’s Executive Order and Section 230 of the Communications Decency Act
  20. The President’s Executive Order on Online Media – What Does Section 230 of the Communications Decency Act Provide?
  21. Trump is desperate to punish Big Tech but has no good way to do it
  22. Leaked draft details Trump’s likely attack on technology giants
  23. Joe Biden Wastes A Huge Opportunity To Support Free Speech; Still Wants To ‘Revoke’ Section 230
  24. The Communications Decency Act Suddenly Is Center Stage Again
  25. Why the USMCA Locks in the Internet Platform Liability System in the U.S., Canada and Mexico (Michael Geist)
  26. Trump’s Final Executive Order On Social Media Deliberately Removed Reference To Importance Of Newspapers To Democracy
  27. Zuckerberg dismisses fact-checking after bragging about fact-checking
  28. Mark Zuckerberg’s Ridiculously Wrong, Misleading, And Self-Serving Statements Regarding Twitter Fact-Checking The President
  29. New Study Finds No Evidence Of Anti-Conservative Bias In Facebook Moderation (If Anything, It’s The Opposite)
  30. Are Targeted Ads the Result of Wiretapping? Facebook Asks the Ninth Circuit to Reconsider.
  31. DC Appeals Court Dumps Lawsuit Claiming Multiple Tech Companies Are Engaged In An Anti-Conservative Conspiracy
  32. Court Rejects Another Lawsuit Alleging that Internet Companies Suppress Conservative Views–Freedom Watch v. Google (Eric Goldman)
  33. Court’s Enforcement of Hybrid Clickwrap Agreement to Defeat TCPA Claim Provides Lessons for Marketers
  34. Consent in online contexts – the German Federal Court of Justice’s decision on Planet49 and Facebook
  35. Red Pills and NPCs: How geek culture become political (Andres Guadamuz)
  36. Nest users now covered by Google’s ultra-secure Advanced Protection Program
  37. FDA and FTC Joint Warning Letters Target Amazon Affiliates Making False COVID-19 Claims
  38. Court Discovers Rare and Elusive “Enforceable Browsewrap”
  39. Big Tech goes on pandemic M&A spree despite political backlash
  40. Everyone’s ordering delivery, but apps aren’t making money
  41. Western Digital gets sued for sneaking SMR disks into its NAS channel: WD clearly underestimated the consumer outrage they’d face over SMR disks.
  42. Are Google’s cookies crumbling?
  43. Amid YouTube’s Pivot Away From Scripted Originals, Axed ‘Step Up’ Series Dances On At Starz
  44. Top 50 Most Viewed US YouTube Channels • Week Of 5/25/2020
  45. YouTube makes video chapters official
  46. YouTube Fully Rolls Out ‘Chapters’ For Easier Video Navigation And Re-Watching
  47. YouTube Squads Up Dozens Of Creators—Including Typical Gamer, Daithi De Nogla, CouRage—For Charity ‘Warzone’ Tournament
  48. Insights: HBO Max May Change A Lot, And Complicate A Lot More
  49. How Social Media Usage Of Popular DIY Hashtags Has Changed
  50. Video Messaging Startup ‘Loom’ Closes $29 Million Funding Round At $350 Million Valuation
  51. TikTok Taps Bill Nye, Lilly Singh, Tyra Banks For $50 Million Educational Content Initiative
  52. Chinese Tech Giant ByteDance Reportedly Working To Bring TikTok’s Operations Stateside
  53. 3D printing in the time of COVID-19: A triad of legal perspectives
  54. International Norms Governing Behaviour in Cyberspace: The UN’s Charter
  55. Website Terms and Conditions: More Important than Ever

A.I.

  1. ACLU sues facial recognition firm Clearview AI, calling it a ‘nightmare scenario’ for privacy: Alleging Clearview violated a well-known Illinois biometric privacy law
  2. Clearview Says Section 230 Immunizes It From Vermont’s Lawsuit Over Alleged Privacy Violations
  3. Securus Quietly Settles Lawsuit Over Illegally Spying On Inmate Attorney Conversations
  4. Microsoft sacks journalists to replace them with robots: Users of the homepages of the MSN website and Edge browser will now see news stories generated by AI
  5. Walmart employees are out to show its anti-shoplifting AI doesn’t work
  6. With a Side of Knowledge podcast talks AI, bias with race and technology expert Mutale Nkonde
  7. How Artificial Intelligence Can Comply with the Federal Trade Commission Act
  8. Patent Law Alert – AI Machines Are Not Human Inventors
  9. Protecting AI and machine-learning inventions

INTELLECTUAL PROPERTY

  1. JAVEX vs. JAVELO – Federal Court of Appeal applies Vavilov to first Trademark Opposition Appeal
  2. Lawsuit over online book lending could bankrupt Internet Archive
  3. Italian Public Prosecutor Says Project Gutenberg’s Collection Of Public Domain Books Must Be Blocked For Copyright Infringement
  4. Nothing “Fishy” About Use of Children’s Song “Fish Sticks n’ Tater Tots” in Documentary about Burlesque Dancers, Court Rules
  5. Chalk this One Up to the Utilitarian Nature of a Toy Chalk Holder
  6. Southern District of New York: Embedding Public Instagram Post Does Not Infringe Photographer’s Copyright
  7. Leonard v Nike: Copyright in the Klaw
  8. District Court Mostly Refuses To Terminate The Litigation Testing The Copyright Termination Provision
  9. Protection of store layout under copyright law: the KIKO case
  10. Defendant Must Prove that Copied Portion of Copyrighted Work is Unprotectable
  11. Open Source Software: the Affero GPL, the ‘as a Service’ world and the CAL
  12. SpaceX launch footage was taken down thanks to bogus copyright claim
  13. Just As The Copyright Office Tries To Ignore The Problem Of Bad Takedowns, NBC & Disney Take Down NASA’s Public Domain Space Launch
  14. Copyright Blocks Interview Of Protesters Because Marvin Gaye’s ‘Let’s Get It On’ Was Playing In The Background
  15. Copyright Office Finds DCMA Tilts Away From Copyright Owners; Will Congress Act to Change That?
  16. Conducting Your Way Through Music Licensing: The Most Common Issues
  17. In The Midst Of A Pandemic And Widespread Unrest, Senate Republicans Think It’s Time To Use Copyright To Make The Richest Musicians Richer
  18. Reversing Examining Attorney, TTAB Gives the Green Light to Color Mark Application
  19. Private Prison Company Sues Netflix Over Use Of Logo In ‘Messiah’
  20. Down N’ Out – Down on their luck
  21. Lucky Brand Strikes Gold After SCOTUS Rejects Marcel’s Defense Preclusion Argument
  22. Are GODIVA’s “Belgium 1926” Chocolates Made in Belgium?
  23. Amended Patented Medicines Regulations will come into force on 1 January 2021
  24. Federal Circuit: Patent Eligibility Turns on the Content – Not Length – of the Claims
  25. EPO: Plants and Plant Materials Not Patentable if Exclusively Obtained by Essentially Biological Process
  26. EPO does not follow the US and JEM on Patentability of Plants
  27. Our Top 5 Added Matter Drafting Tips
  28. The importance of IP due diligence

PRIVACY

  1. Federal Court Says Sneaking A Warrantless Peek At A Cellphone Lock Screen Violates The Fourth Amendment
  2. Privacy and breach of confidence cases against the media
  3. Arizona AG Sues Google For Location Data Failures, After Telecom Got A Wrist Slap For Far Worse Behavior
  4. iPhone privacy prompts discriminate against non-Apple apps, complaint says
  5. iPhone looters find devices disabled, with a warning they’re being tracked
  6. Cisco security breach hits corporate servers that ran unpatched software
  7. Ransomware gang is auctioning off victims’ confidential data
  8. German Constitutional Court Says Unjustified Surveillance Of Foreign Citizens Is Illegal

CREATIVITY   

  1. California Anti-SLAPP Law Gives Rachel Maddow An Early Exit From Conservative News Network’s Bogus Libel Lawsuit
  2. Lenny Dykstra Deemed ‘Libel-Proof’ In Defamation Suit Loss To Ron Darling And Publisher
  3. Some Thoughts About Combating Racist Content in Advertising
  4. Dallas PD Asks Residents To Snitch On Protesters, Gets A Load Of K-Pop Videos Instead
  5. Dearth of women in classic Hollywood was result of studio system, study finds
  6. Cops — Newly Wary Of Looking Like Authoritarian Assholes — Open Fire On, Arrest Journalists
  7. Bangladeshi Government Decides There’s No Time Like The Present To Censor/Arrest More Journalists
  8. Scotland’s first “virtual appeal” reaffirms the value of fair comment
  9. SmileDirectClub Sues NBC For $2.85 Billion, Claims Factual Statements And Quotes From Customers Are Defamatory

GAMES

  1. Keepin’ It Real: Courts Recognize the Legitimate Goal of Video Game Makers
  2. Something on Which Even Patent Litigators Can Agree: McRO v. Bandai, Inc. Clarifies the Framework for Enablement Challenges and for Enablement Defenses
  3. EB Games Australia admits to misleading customers over Fallout 76 refunds
  4. EB Games offers refunds for Fallout 76: Retailer admits to Australian Competition and Consumer Commission it likely misled customers over their rights
  5. Games industry speaks out in support of black communities amid violence in US: Microsoft, Sony, and Riot Games among those advocating for the unheard as riots and police brutality rock US cities
  6. Humble is putting $1 million toward publishing games from Black game devs
  7. Game companies delay events, make donations amid police brutality protests
  8. Infinity Ward pledges to “do more” to moderate racist content in its games: Call of Duty developer to add more resources to block hateful content following week of protests, police violence
  9. Gaming’s lost boys embrace their inner censor | Opinion: The Last of Us 2 attracts reactionary fury for depicting diversity — and the erstwhile free speech warriors now find themselves cheering for government censorship
  10. The Outer Worlds writing team honored with Nebula Award 
  11. GWU Seattle calls for removal of GWU International member over ‘exclusionary behavior’
  12. The Last of Us Pt. 2 hands-on: You can’t pet the dog—but you can expect terror
  13. Denuvo security software removed from Doom Eternal and Metro Exodus: Despite speculation, removal of Anti-Cheat and Anti-Tamper was not in response to performance issues
  14. Denuvo’s Anti-Cheat Software Now Getting Ripped From Games At Record Speed Too
  15. CS:GO tournament victors banned for cheating: Eagle-eyed viewers catch cheaters after technical issue left flaw in tournament’s anti-cheat measures
  16. The unexpected and creative ways devs are dealing with remote work
  17. Sony delays June PS5 event ‘to stand back and allow more important voices to be heard’
  18. PlayStation 5 games to be revealed on June 4th: Over an hour of new games to be shown next week
  19. Sony’s Jim Ryan: “We are going to launch PS5 this holiday and we’re going to launch globally”: PlayStation on how COVID-19 has (and hasn’t) changed its launch plans for its next console
  20. Sony says after July 13th, new PS4 games must be PS5 compatible
  21. New PS4 games must also run on PlayStation 5 from July, Sony tells devs: Updates to existing games “strongly recommended” to add compatibility.
  22. Sony requires PS5 compatibility for all future PS4 releases: Games submitted for certification after July 13 must be playable on upcoming console
  23. Xbox Series X will add HDR support to backwards compatible titles
  24. Xbox Series X backward compatibility will add HDR, 120 fps support to older games: Thousands of games will be supported on the next-gen Xbox
  25. Phil Spencer says Xbox Series X on track for worldwide launch this holiday: Xbox boss discusses plans upcoming next-gen console on former Nintendo president Reggie Fils-Aime’s podcast
  26. Double Fine winding down Presents publishing label following Microsoft purchase
  27. Google’s “overpromising” led to Stadia “disappointment,” says RDR2 publisher: If you’re paying $60 for a game, “are you really unwilling to buy a $300 console?”
  28. Sega reveals Game Gear Micro: Miniature retro handheld confirmed for October Japan launch in four colors, each with a different selection of four games
  29. Sega’s tiny Game Gear Micro is 92% smaller than the original
  30. 30 years later, a lost Days of Thunder NES game recovered from 21 floppy disks
  31. Codemasters secures FIA World Rally Championship license from 2023
  32. Codemasters to create games based on the World Rally Championship: Racing game specialist signs five-year licensing deal
  33. Professional Race Car Driver Hires Expert Gamer To Race His Video Game Car
  34. EA renews Madden NFL license through 2026
  35. EA renews NFL, NFLPA deal: Multi-year agreement ensures Madden NFL will continue to be the only simulation title with the licenses of the league and its players association
  36. EA maintains exclusive Madden NFL license in multiyear renewal: NFL, NFLPA extend long-term deals for simulation football video games
  37. If GTA5 keeps selling, would Take-Two wait to launch GTA6?: CEO Strauss Zelnick responds to concerns of the publisher cannibalizing its own successes
  38. Take-Two tried to poach entire Kerbal 2 dev team as it cancelled deal with their studio
  39. Star Theory reportedly shutters after Take-Two takes over Kerbal Space Program 2: Lack of other projects and GDC’s cancellation force studio to close in March
  40. NetEase to open secondary listing on Hong Kong stock exchange: New listing approved, Chinese publisher reportedly hopes to raise $3 billion
  41. Rovio acquires (and rebrands) Darkfire Heroes dev Darkfire Games
  42. Zynga acquires mobile gaming company Peak for $1.8 billion
  43. Zynga acquires Toon Blast and Toy Blast developer Peak for $1.8 billion
  44. Zynga to acquire Toon Blast developer for $1.8bn: Acquisition of Peak Games expected to increase Zynga’s global audience by 60%
  45. African mobile game publisher Carry1st secures $2.5 million to expand operations
  46. CD Projekt starts 2020 off with a record Q1 as The Witcher series continues its reign
  47. The Witcher franchise has crossed 50 million sales
  48. The Witcher series surpasses 50m units sold: That’s up from 40 million around the same time last year
  49. Mobile gaming sees record weekly downloads amid COVID-19 lockdown: Average weekly installs reached 1.2 billion as downloads increase by 35% from January to March 4
  50. David Braben: “Physical games will go away in two to three years” – Frontier CEO says investors see games industry as a “safe haven” during recession at today’s Investment Summit Online
  51. Game discoverability and the Nintendo Switch: What’s selling?
  52. UK boxed games market delivers strongest April in five years: Latest GfK figures show PS4, Xbox One and Switch sales up 48% for the first four months of 2020
  53. Xenoblade Chronicles: Definitive Edition takes No.1 | UK Charts: PlayStation 4 sale shakes up the top 40
  54. Creative Assembly launching Total War Saga: Troy for free on the Epic Games Store
  55. Sweeney: EGS free game promos boost a game’s Steam and console sales too
  56. Steam Cloud Play beta lets developers enable GeForce Now integration
  57. Nvidia launches opt-in process for GeForce Now: Hardware manufacturer responds after multiple game companies pulled their catalogues from its streaming service
  58. Roblox’s continuing construction of a social, creative space: Matthew Curtis talks about prioritising better monetization, discoverability, and technology for the platform’s creators
  59. Avakin Life reaches 1.4m daily active users: Online virtual world and social app now has 200 million registered users since 2013 launch
  60. Life is Strange developer Dontnod opens new studio in Canada
  61. Dontnod Entertainment opens new Canadian studio: Life is Strange developer alludes to new projects at its first international studio
  62. Just Cause developer Avalanche is opening a new UK studio 
  63. Avalanche opens new UK studio: New Liverpool-based developer expected to house 50 staff by 2022
  64. Paradox to sign collective bargaining agreement with Swedish labor unions
  65. Paradox opens studio in Barcelona to focus on grand strategy development
  66. Paradox opening Barcelona studio: Europa Universalis designer Johan Andersson will lead Paradox Tinto efforts on grand strategy games
  67. Lego Ventures: Fortnite is the “first credible metaverse”
  68. Bandai Namco cancels support for physical 2020 World Tour events: COVID-19 pushes Tekken, Soulcalibur, and Dragon Ball FighterZ tournaments to digital venues
  69. One Month After the ‘Half-Life: Alyx’ Surge, VR Usage on Steam Remains at Record High
  70. Magic Leap Founder Rony Abovitz to Step Down as CEO
  71. Magic Leap CEO Ronny Abovitz to step down: Abovitz will continue as CEO until a replacement is found, and remain on the board after the transition
  72. HTC co-founder reveals new VR headset and social platform: Priced at $599, Mova headset offers hand-tracking and 5G while social platform Manova makes big promises
  73. VGDC: Brandon Sheffield’s ‘All Time Greats’ article/video picks
  74. Q&A: Storytelling through erasure in the astonishingly unique If Found
  75. Video: Achieving high-quality game VFX on mobile devices
  76. Video: Building intrinsically motivated teams via self-determination theory
  77. Don’t Miss: Inside the narrative design of Star Wars Battlefront 2
  78. Don’t Miss: A look back on the usefulness of video game manuals
  79. Don’t Miss: Creator Alexey Pajitnov on the past, present, and future of Tetris
  80. Blog: Lessons from the history of mobile 4X strategy
  81. Blog: Understanding open world level design – Part 2
  82. Blog: Understanding open world level design – Part 3
  83. Blog: Understanding open world level design – Part 4
  84. Blog: A level design breakdown of the Ghost of Tsushima trailer
  85. Blog: Can Amazon’s first big-budget game succeed as a slow-burner?
  86. Obituary: Darklands creator Arnold Hendrick
  87. Control, Sayonara Wild Hearts lead winners of 2020 Nordic Game Awards
  88. U.S. Patent no. 10,322,336: Haptic braille output for a game controller

Jon

Read More | No Comments

News of the Week; May 27, 2020

COMMUNICATIONS

  1. Looking at Changes to the FCC’s Public Notice Requirements for Broadcast Applications
  2. FCC to Consider Exemption of TV Broadcast Internet Services from Broadcast Ownership Rules and Regulations for ATSC 3.0 Non-Broadcast Services
  3. FCC Issues NPRM Aimed at One-Ring Scam Phone Calls
  4. Selective decoupling: phasing out domestic deployment of Chinese telecoms technology
  5. Team Telecom emerges from shadows and FCC cracks down on Chinese telecoms companies
  6. Making Internet service a utility—what’s the worst that could happen?
  7. New Study Tries, Fails, To Claim Community Broadband Is An Inevitable Boondoggle
  8. The FCC’s ‘Contest Rule’ and how it may affect your sweepstakes
  9. AT&T still refuses to kill misleading 5GE network icon for 4G service
  10. AT&T Won’t Stop Lying About ‘Fake 5G’
  11. Verizon Tries To Temper 5G Enthusiasm After Report Clearly Shows US 5G Is Slow, Lame
  12. OpenSignal compares 5G experiences across ten major carriers
  13. Legal challenge to OFCOM’s 5G network auction
  14. Let’s Talk About ‘Neutrality’ — And How Math Works

DIGITAL

  1. ‘Trump’s executive order expected to target Twitter, Facebook and Google
  2. President to Unveil Executive Order to Address CDA Section 230 Protections
  3. Newsweek Publishes Facts Optional, Wronger Than Wrong, Piece About Section 230
  4. So Wait, People Really Think The Barr DOJ’s Investigation Into Google Is In Good Faith?
  5. Why Content Moderation Codes Are More Guidelines Than Rules
  6. Proposed bill would ban microtargeting of political advertisements: Just because ads can be targeted to individuals doesn’t mean they should be.
  7. Facebook Pays Multimillion Dollar Penalty in First Case in Canada to Subject Privacy Policies to Misleading Advertising Laws
  8. Facebook Executives Shut Down Efforts to Make the Site Less Divisive: The social-media giant internally studied how it polarizes users, then largely shelved the research
  9. Bombshell report: Facebook has known that it is fomenting extremism for years — and refuses to stop
  10. Plaintiffs Push For Preliminary Approval Of $550 Million Settlement In Facebook Privacy Class Action
  11. Grandmother ordered to delete Facebook photos under GDPR: Woman must delete photographs of her grandchildren posted on Facebook and Pinterest without their parents’ permission, a court in the has ruled.
  12. Facebook launches independent “Oversight Board” for hate speech, harassment and privacy
  13. Mr Zuckerberg, Tear Down My Wall
  14. Facebook workers get remote work option—but it could come with a pay cut
  15. Former NSO Employees Says The Company Impersonated Facebook To Deploy Malware
  16. Twitter’s first fact-check on President Trump calls out “false claims”
  17. Trump Is a Problem That Twitter Cannot Fix: When a duly elected president is bent on spreading misinformation, tech companies can rein him in only so much.
  18. Twitter Grapples Anew With Its Trump Conundrum: The social media company came under fire — again — for not removing Mr. Trump’s posts that contain falsehoods.
  19. Trump, Twitter, And Free Speech
  20. When The Problem Isn’t Twitter But President Trump
  21. Delayed implementation but the UK Government remains committed to regulating online harms
  22. Neighbouring rights: interim measures imposed on Google in the press sector
  23. Democrats want to restrict political ad targeting ahead of the 2020 election: Time is running out for new rules to apply to this election
  24. The Boogaloo Movement Is Not What You Think
  25. Keeping up with the Kardashians in “Kuarantine”
  26. The FTC: Influencing the Future of the Influencers
  27. Deletion Of Comments Criticizing Chinese Government Was A Contextual Error, YouTube Says
  28. YouTube auto-deletes comments with phrases critical of Chinese government
  29. YouTube Is Considering Letting Creators Self-Limit The Reach Of Their Videos To Lessen Harassment
  30. ViacomCBS Snaps Up John Krasinski’s YouTube Web Series ‘Some Good News,’ Will Produce Future Episodes With New Host
  31. How Does John Krasinski’s Newly Sold ‘Some Good News’ Stack Up Against Late-Night Shows?
  32. U.K.-Based YouTube Prankster Morgz Signs With A3 Artists Agency (Exclusive)
  33. Top 50 Most Viewed YouTube Channels Worldwide • Week Of 5/25/2020
  34. YouTube Kids App Arrives On Apple TV
  35. BuzzFeed’s Latest ‘Unsolved’ Season Scares Up Record YouTube Traffic
  36. Netflix Cancels ‘Terrace House’ Production After Death Of Star Hana Kimura
  37. Instagram Finally Brings In Monetization For (Some) Creators With Purchasable Badges, IGTV Ads
  38. Amid Pandemic, Target Says It’s The First Mass Retailer To Launch Shoppable Instagram Posts
  39. SDNY: Instagram Sublicense Protects Against Liability for Embedding of Public Posts
  40. Addressing Possible Limits of COPPA Safe Harbors
  41. Insights: Will Apple Plusing Up Its Streaming Service Set Off Another Round Of Hollywood Consolidation?
  42. Fanbytes Launches ByteHouse, TikTok’s First U.K.-Based Creator Collective
  43. Fullscreen Looks Beyond YouTube For Latest Fully-Managed Talent Signings
  44. Digital News Network ‘The Young Turks’ Launches Twitch Channel
  45. We Lose A Lot When Podcasts Go Closed Instead Of Open
  46. Intel acquires Rivet, maker of Killer Wireless-AC gaming Wi-Fi gear
  47. Crypto hedge funds struggle to recover from “bloodbath”
  48. Gears of war: When mechanical analog computers ruled the waves
  49. Privacy and Zambonis in the Age of COVID-19: My Ian Kerr Memorial Lecture (Michael Geist)

A.I.

  1. After watching 50,000 hours of Pac-Man, Nvidia’s AI generated a playable clone
  2. The Intersection of Artificial Intelligence, COVID-19, and Copyright
  3. Recent FTC Guidance on the Use of Artificial Intelligence and Algorithms in the Age of COVID-19
  4. A Neurophilosophy of Big Data & Civil Liberties, and the Need for a New Social Contract
  5. Uncovering the secrets of Alien: Isolation’s AI

INTELLECTUAL PROPERTY

  1. Clorox v Chloretec: The Application of Vavilov in the Trademarks Context
  2. Chalk One Up to the Knock-Off
  3. Pencil Shaped Chalk Holder Is a Non-Copyrightable Idea
  4. Led Zeppelin‘s Stairway to Heaven found not to infringe copyright in Spirit’s instrumental, Taurus
  5. The Second Circuit Affirms the Dismissal of Copyright Claims against Seinfeld over Comedians in Cars Getting Coffee
  6. Second Circuit Limits Copyright Damages To Three Years Preceding Suit
  7. Copyright Damages Limited to Three Years Before Lawsuit Filing
  8. Paparazzi Suit Victims Try Unconventional Plays
  9. And the winner of the prize for best legal click bait headline from the NYT so far this year is …
  10. How A Feud Among Wolf-Kink Erotica FanFic Authors Demonstrates What The Copyright Office Got Wrong In Its DMCA Report
  11. Jerry Seinfeld Gets To Keep Driving Comedians In Cars Getting Coffee*
  12. Justices form unique alliances in holding Georgia’s annotated code not protected by copyright; Thomas dissent presses for closer review of precedent
  13. U.S. Supreme Court: States Cannot Copyright Legal Code Annotations
  14. Eighth Circuit Holds Business Information Database Copyrightable, Affirming $11.2 Million Jury Verdict
  15. CRS Examines IP Rights Abroad, Considers State Sovereign Immunity in Copyright Suits
  16. The rental of cars fitted with radio receivers does not constitute an act of unauthorised communication of musical works to the public (case c-753/18)
  17. Copyright Office Finds Aspects of the DMCA “Unbalanced” in Favor of Online Service Providers
  18. Designs and copyright protection: UK drifts closer towards Europe
  19. Stretching Copyright: Protecting online fitness workouts
  20. Lack of evidence of non-use and confusion result in POKEWORKS trademark remaining on the register
  21. Three Point Shot: Jordan’s Last Dance in Trademark Dispute Scores Big in Chinese Top Court
  22. Some Brands Have All the Luck
  23. US Supreme Court Rejects ‘Defense Preclusion’ in Trademark Suit
  24. Supreme Court Clarifies Concept of Defense Preclusion Through Lucky Brand Trademark Battle
  25. Supreme Court Rules Defense Not Barred in Subsequent Action Involving Different Trademarks, Conduct and Claims
  26. Recent Federal Court Decision Reaffirms Exceptions to First Sale Doctrine for Brands Bringing Trademark Claims Against Unauthorized Resellers
  27. Tax Service’s Registered Trademark’s Suggestiveness Presented Jury Question
  28. Replacing Rogers Test with “Genuine Artistic Motive” Test Doesn’t Change the Finale in Dispute Over WILD AMERICA
  29. The Impact of Romag Fasteners Inc. v. Fossil Inc.: Willfulness Is Not Required For An Award Of Profits In Trademark Infringement
  30. What the Supreme Court’s Romag Decision means for trademark infringement and damages
  31. ‘Maybe’ Is Not Enough: Foreign Business Fails to Obtain Declaratory Judgment for Potential Use of Trademark
  32. Third judgement in Sky v SkyKick – Louise Foster and Sarah Darby provide some take-away thoughts
  33. Tiger King Trademark Troubles
  34. A Lesson From Tiger King: Corporate Separateness
  35. General Court “shades” some light on 3D trademark registration
  36. Can you trademark a design in the EU?
  37. The Intersection of Trademarks and Open Source
  38. Trademarks rocket while designs level off: UKIPO releases latest annual filings data
  39. Pepper trumps Broccoli: EPO finds products produced by essentially biological processes are not patentable
  40. A Dynamic Reversal by the EPO’s Enlarged Board of Appeal
  41. Joint Inventorship Claim for Online Dating Patent Ends in Heartbreak, Attorneys’ Fees Award
  42. Augmented Reality/Virtual Reality Litigation Update: AR Design Innovations Litigations
  43. Determining the Article of Manufacture in Augmented Reality and Virtual Reality Design Patents
  44. Design Patents: An Underutilized Tool for Protecting Sporting Goods
  45. Rise in extended reality technology patents suggests market revival
  46. Common Patent Misconceptions – Myth #3: My idea is too obvious for patenting.
  47. Clarifying the patentability of medical use inventions in China
  48. Intellectual Property Issue-Spotting: Common Themes in Recent Ad Campaigns
  49. Federal Circuit Patent Update
  50. Protecting intellectual property in the fashion industry – debunking the myths – PART ONE: copyright and patents
  51. Protecting intellectual property in the fashion industry – debunking the myths – PART TWO: Unregistered Design Rights and Registered Designs
  52. Protecting intellectual property in the fashion industry – debunking the myths – PART THREE: Registered and Unregistered Trade Marks
  53. Copyright protection of fashion designs in Spain after Cofemel

PRIVACY

  1. Facebook Pays Multimillion Dollar Penalty in First Case in Canada to Subject Privacy Policies to Misleading Advertising Laws
  2. Just turning your phone on qualifies as searching it, court rules
  3. After FBI Successfully Breaks Into IPhones, Bill Barr Says It’s Time For Legislated Encryption Backdoors
  4. S-Town Podcast Lawsuit Settled – Reminder on Getting Releases from Podcast Subjects
  5. Banks Get Payout From Equifax Hack While Consumers Still Wait For Compensation
  6. The Grubman Ransomware Attack and What It Means for the Cyber Risks That You May Face
  7. Senate Talking Points Say Warrantless Collection Of Internet Use Data Keeps Terrorists From Killing Us
  8. Digital Media and the Right to Be Forgotten
  9. Court Tells Grandma To Delete Photos Of Grandkids On Facebook For Violating The GDPR
  10. Yes, This Site Uses Cookies, Because Nearly All Sites Use Cookies, And We’re Notifying You Because We’re Told We Have To

CREATIVITY   

  1. FTC Sues Negative Option Marketers
  2. Judge Dismisses Half-Baked False Advertising Claims Against Ghirardelli
  3. Judge Sends Devin Nunes’ SLAPP Suits Against CNN And Washington Post Off To Their Proper Venues
  4. The Law of Defamation and Political Advertising Argued in Trump Suit Against Wisconsin TV Station
  5. Bakker Claims Coronavirus Prosecution Attacks His Faith
  6. Kansas City penguins delight in their first art history lesson

GAMES

  1. Manchester United sues Sega over Football Manager trademark use: Sega and developer Sports Interactive reply that club’s name, logo have been used since 1992 “without complaint”
  2. Rainbow Six: Siege clone Area F2 has been taken offline following lawsuit from Ubisoft
  3. The Last of Us Part 2 reportedly banned in the Middle East: Upcoming hit believed to be “banned by the competent authorities” of United Arab Emirates and Saudia Arabia
  4. Naughty Dog uses new Twitter feature to block Last of Us Part II spoilers
  5. FTC Settles with Digital Game Company Over Allegedly False COPPA Safe Harbor Claims
  6. G2A confirms stolen game key sales, pays $40,000 to Factorio devs
  7. G2A to pay Factorio dev $39,600 after allowing illegal game key sales
  8. Hackers infect multiple game developers with advanced malware
  9. First Amendment May Protect Use of Trademarks As Artistic Expression: AM General LLC v. Activision Blizzard, Inc. et al.
  10. EA and NFL to extend partnership until 2025: Madden publisher could have exclusivity for football simulation games until 2026 if series “achieves certain revenue goals”
  11. EA is releasing the source code for Command & Conquer: Red Alert and Tiberian Dawn
  12. EA releasing source code for Command & Conquer and Red Alert: Code will go open source alongside Remastered Collection next month
  13. Nintendo Escapes Digital Pre-Order Dispute in EU
  14. A Place Where We Can Be Together: Animal Crossing has become a place for weddings and graduations
  15. Animal Crossing: New Horizons sold 3.6m digital units in April – It’s now the top Nintendo Switch title in lifetime digital sales and digital revenue
  16. Game Discoverability & The Nintendo Switch: Where We’re At
  17. COVID-19: Video games good for mental health during pandemic, says U of S prof
  18. NPD: US console sales in April up 163% to $420m – Video games hardware and software generated $1.5 billion last month, making it the biggest April on record
  19. Report: Video game sales increased by 73% in April, setting new records for the month (NPD Group)
  20. Worldwide digital games market: April 2020 – Game spending totaled a record-breaking $10.5B in April 2020, showing the continued strength of the medium during the COVID-19 crisis.
  21. U.S. console-hardware spending hits mammoth $420 million in April
  22. App Annie: Mobile gaming will widen its lead over console and PC titles in 2020
  23. Nexon CEO: COVID-19 has spotlighted gaming’s importance – Owen Mahoney suggests that gaming’s resilience in the face of pandemic is reflective of its broader role within entertainment
  24. The giants of the video game industry have thrived in the pandemic. Can the success continue?
  25. How COVID-19 is taking gaming and esports to the next level
  26. Don’t expect huge change in the post-COVID industry | Opinion: Expectations of radical change in the wake of the pandemic are overblown — in-person working will remain the default paradigm
  27. Why games firms are ready to go back to the office | Podcast: We discuss recent comments from Satya Nadella and Strauss Zelnick, plus PlayStation Now vs Xbox Game Pass
  28. As traffic hits all-time high, Jackbox adjusting to dev’ing from home
  29. The IGDA debuts standards, reporting system to curb bad industry behavior
  30. IGDA: “We’re not looking to call people out — we’re looking to improve the industry” – Renee Gittins on the IGDA’s push to tackle crunch, diversity and more with a database of reported bad behaviour
  31. UK Charts: Maneater debuts at No.6 as Nintendo dominates: Animal Crossing and Mario Kart claim the top two positions
  32. Seven Deadly Sins push Netmarble Q1 revenues up – The Seven Deadly Sins: Grand Cross became the mobile publisher’s second biggest game less than a month after worldwide launch
  33. How the Dauntless community taught Phoenix Labs about trust: Phoenix Labs’ Nick Clifford explores the value of building lasting relationships within your community, and how to get there
  34. Amplifier Game Invest acquires Italian developer DestinyBit
  35. Little Nightmares has sold over 2 million copies worldwide 
  36. Don’t expect next-gen console launches in China anytime soon | Opinion: The suspension of the PlayStation Store in China underlines the problems that Sony and Microsoft continue to face, says Apptutti’s Daniel Camilo
  37. Stadia exclusivity pushes PS4, Xbox One versions of Serious Sam 4 into 2021: Croteam’s upcoming shooter will launch on Google’s streaming service and Steam in August
  38. Xbox Family Settings app will help parents manage their kids’ gaming habits
  39. Xbox boosts responsible gaming strategy with Family Settings app: The platform holder discusses the evolution of its safety ecosystem and the new family features developed for its app
  40. After some high-profile opt outs, Nvidia GeForce Now swaps to an opt-in library
  41. Naughty Dog tests new Twitter feature to limit The Last of Us Part 2 spoilers: PlayStation studio cuts off replies following social media abuse over upcoming blockbuster
  42. Gamestream raises $3.8 million to grow its B2B-focused cloud gaming platform
  43. Gamestream raises €3.5m to build up B2B cloud gaming technology: Eponyme Partners leads investment round in turnkey cloud gaming service
  44. Game companies in Spain to benefit from $21.9 million in protective financing
  45. Spanish game devs to benefit from €20m in government finance: Culture industries hit by COVID-19 pandemic can apply for financing on “beneficial” terms
  46. Italy announces fund to support country’s game studios during COVID-19 crisis
  47. Italian government approves €4m fund for games developers: Trade body IIDEA’s First Playable Fund will offer up to €200,000 per prototype
  48. Slovakian games industry has nearly doubled in size since 2016: Fledgling sector expected to turnover €55 million in 2020
  49. CD Projekt’s market cap rivals Ubisoft — but not for much longer | Opinion: Polish publisher is riding high on The Witcher and Cyberpunk, but Ubisoft is about to emerge from a year of uncertainty with five AAA launches
  50. Tencent will be “taking the System Shock franchise forward”: OtherSide Entertainment’s role on the third game unclear after deal with the Chinese publisher
  51. Tencent acquires 20% stake in Marvelous, Inc.
  52. Tencent acquires 20% stake in Story of Seasons dev Marvelous for $65 million
  53. Tencent takes 20% stake in Marvelous for $65m: Investment from Chinese giant will enable Story of Seasons developer to build new and existing IP
  54. PlatinumGames dispels rumors that Microsoft is buying it – Atsushi Inaba: “That conversation has not come to our doorstep at all”
  55. Cheating in Esports tournaments – legal arguments for discouraging bad players
  56. Audi parks driver for using a ringer in charity esports race
  57. League of Legends putting ads on the playfield: Viewers of official esports matches will see Mastercard, Alienware, other brands featured on in-game banners
  58. The E-Sports and Gaming Industries Offer Vital Tools to Musicians in the Wake of COVID-19
  59. Ninja Launches Star-Studded, Six-Week ‘Fortnite’ Tournament On His Mixer Channel
  60. Ninja Teams With Killer Merch For Clothing Brand Relaunch, ‘Fortnite’ Capsule, Future Streetwear Drops
  61. Amazon Games and Bandai Namco are bringing a free Pac-Man game to Twitch
  62. Twitch signs three more exclusivity deals with top streamers: Streaming platform wars escalate as Summit1G, Dakotaz and JoshOG commit to multi-year partnerships with Twitch
  63. Twitch Inks Exclusive Streaming And Appearance Deals With Summit1G, Dakotaz, JoshOG
  64. Twitch Launches New Corporate Channel Dedicated To Gaming News, Event Coverage, More
  65. Fortnite is morphing into a movie theater with help from Christopher Nolan
  66. Christopher Nolan Premieres ‘Tenet’ Trailer Inside Fortnite, With Another Film Arriving In-Game This Summer
  67. With Theaters Closed, The Trailer For Christopher Nolan’s ‘Tenet’ Debuts In Fortnite Instead
  68. CAA Signs Facebook Gaming Creator Jonna Mae (Exclusive)
  69. Markiplier And Jacksepticeye’s Clothing Brand Cloak Digs Up ‘Minecraft’ Partnership
  70. Minecraft Dungeons review: A smashing good Diablo clone for any age
  71. Minecraft Dungeons | Critical Consensus: Mojang is commended for making a kid-friendly action-RPG, but critics question its value for more experienced players
  72. Analyst speculates on Grand Theft Auto release from Take-Two marketing spike: Publisher refutes speculation, saying unusually high marketing commitments for fiscal 2024 are to external parties
  73. AR Pokemon will soon be able to hide behind real-world objects in Pokemon Go
  74. Niantic adds ‘reality blending’ to Pokémon Go to make your virtual pals even more realistic: A new AR feature to make pokémon more believably blend with the environment
  75. Magic Leap raises $350m after mass layoffs: But augmented reality firm withdraws notice regarding potential redundancies for remaining staff
  76. Magic Leap withdraws conditional layoff notices after raising $350 million
  77. Why it took five years to build Lego Super Mario: “The only brief was: do something that only these two companies could do together”
  78. Dread X Collection: Evoking Kojima’s PT in context, not content: Dread XP’s Ted Hentschke says Silent Hill teaser and horror film anthologies inspired his approach to indie horror game dev
  79. How does a hit like Katana Zero change things for a creator?: Juggling multiple projects helped produce Justin Stander’s breakthrough hit, but he’s now looking forward to creating one thing at a time
  80. An extensive look at Maxis’ short stint in serious simulation games
  81. Don’t Miss: A classic game postmortem of Westwood Studios’ Command & Conquer
  82. Don’t Miss: Designing the Elusive Targets system in 2016’s Hitman
  83. Don’t Miss: A postmortem look at how Blizzard built Diablo II
  84. Video: A new strategy for narrative desigers
  85. Blog: Narrative vs. gameplay – A toolbox for harmonious coexistence
  86. Blog: Demystifying C#’s under-utilized superpower for game development
  87. Blog: Launch day depression (and why i’m over it)
  88. Blog: Highlights of global accessibility awareness day 2020
  89. Blog: Why new players matter to indie developers
  90. Blog: Creating stronger bonds between players and NPCs through group conflict
  91. Game Tech Deep Dive: Gears Tactics – When art meets scalability
  92. U.S. Patent no. 10,315,119: Video game with concurrent processing of game-related physical objects
  93. “Abstract Assertion of Breadth” Does Not Prove Non-Enablement: Patent on method of animating faces invideo games

Jon

Read More | No Comments

News of the Week; May 20, 2020

COMMUNICATIONS

  1. Canadian Wireless Carriers Making A Killing During COVID-19, Won’t Remove Caps ‘For Safety’
  2. Beware Of Op/Eds Falsely Claiming The US Internet Only Works During A Pandemic Because Lobbyists Neutered The FCC
  3. Cell-tower attacks by idiots who claim 5G spreads COVID-19 reportedly hit US
  4. Idiots Begin Attacking US 5G Cell Towers Because, Idiots
  5. FCC Forced To Fine Sinclair $48 Million For Bullshitting Regulators
  6. Ajit Pai doubts Elon Musk’s SpaceX broadband-latency claims
  7. Bill Would Ban Broadband Shutoffs Until COVID-19 Pandemic Eases
  8. US and Chinese cloud companies vie for dominance in south-east Asia: Google, Amazon and Microsoft challenge Alibaba and Huawei in fastest-growing cloud market
  9. K-League 1 strikes record broadcasting rights deals following league restart

DIGITAL

  1. Facebook to pay $9 million penalty to Competition Bureau
  2. Misleading Privacy Claims Results in $9 Million Dollar Penalty for Facebook
  3. High School Can’t Expel Student for Sharing Memes in Private Snapchat Conversation–JS v. Manheim Township School District (Eric Goldman)
  4. Covid-19 Just Triggered The Worst Quarter Ever For Cable TV ‘Cord Cutting’
  5. One Of The Few Government Officials Who Actually Can ‘Police Speech’ Whines Ridiculously About Facebook’s Oversight Board
  6. TikTok accused of breaching US child privacy regulations
  7. TikTok Broke Privacy Promises, Children’s Groups Say: Twenty consumer groups said the video app had failed to make some changes it agreed to carry out last year to settle federal charges.
  8. The Architect Behind Disney+, Kevin Mayer, Has Been Named CEO Of TikTok
  9. Court Tosses Lawsuit From Man Claiming Twitter Discriminated Against Him For Being A Heterosexual Christian
  10. The Associated Press Has Some Explaining To Do About Its ‘Tweeted Contract’ To Reuse Viral Content
  11. Failure to delete hate speech could cost Facebook, Google billions in France
  12. French Government Passes Hate Speech Law, Will Allow Law Enforcement To Run The Internet
  13. Google pledges not to make custom software for oil and gas extraction
  14. The COVID-19 misinformation crisis is just beginning, but there is hope
  15. Think Tank’s Posting of Substantially Cropped Photo of Heartthrob Governor Constitutes Fair Use
  16. Facebook Acquires GIF Database GIPHY In Reported $400 Million Deal
  17. Facebook is buying Giphy and integrating it with Instagram: Plans to integrate with Instagram and other apps
  18. All your reaction GIFs now belong to Facebook, as it buys Giphy for $400M
  19. Facebook takes on Amazon with online shopping venture
  20. Luxury and online marketplaces – the next chapter (Coty v Amazon)
  21. Man shoots down drone, gets hit with felony charges in Minnesota
  22. Doctors Are Tweeting About Coronavirus to Make Facts Go Viral: As dubious Covid-19 claims circulate online, UCSF’s Dr. Bob Wachter and others are taking to Twitter
  23. Twitch Reveals 8-Member ‘Safety Advisory Council’ Stocked With Streamers, Cyberbullying Experts
  24. How the ‘Plandemic’ Movie and Its Falsehoods Spread Widely Online
  25. Big Tech searches for a way back into healthcare: Despite past failures, Google and other tech giants see great promise in the sector
  26. Quarantine is a weirdly good time for animation: Going remote is giving animators lots of opportunities to shine.
  27. Nvidia ditches Intel, cozies up to AMD with its new DGX A100
  28. Huawei’s Google app loophole: Just keep re-releasing old devices
  29. Google CEO Sundar Pichai defends Pixel team, says “hardware is hard”
  30. Google-Fitbit Merger: Competition concerns and harms to consumers
  31. No, CDA 230 Isn’t The Only Thing Keeping Conservatives Off YouTube
  32. Top 50 Most Viewed YouTube Channels Worldwide • Week Of 5/18/2020
  33. Top 50 Most Viewed US YouTube Channels • Week Of 5/18/2020
  34. John Krasinski Tearfully Takes Hit YouTube Series ‘Some Good News’ On Hiatus
  35. YouTube Introduces New Grey ‘Clock’ Monetization Icon So Creators See Less Flip-Flopping
  36. YouTube’s First Virtual Brandcast Will Focus On Surging TV Viewership
  37. YouTube’s New Screen Time Management Feature Wants You To Go To Bed
  38. ‘YouTube Select’ Replaces Google Preferred Ad Program, With New Curated Content Lineups
  39. YouTube’s Virtual Graduation Ceremony Adds Beyoncé, Mark Rober, Emma Chamberlain To Lineup
  40. YouTube Music Names Latest Class Of Artists To Join Its Exclusive ‘Foundry’ Program
  41. Children’s Video Goliath ‘CoComelon’ Pacts With Roku In First Off-YouTube Distribution Deal
  42. James Charles’ YouTube Original Isn’t Just A Hit. It’s Catapulting The Channels Of Contestants.
  43. The Ad Council Taps Meghan Trainor, Addison Rae, Molly Burke For Mental Health Awareness Month
  44. $100 Million Deal Sees Joe Rogan’s Podcast Become A Spotify Exclusive—In Both Video And Audio Form
  45. Charli D’Amelio Accidentally Deleted — Then Quickly Reclaimed — Her Massive Instagram Account
  46. Houseparty Throws 3-Day Livestreaming Event Featuring Katy Perry, Snoop Dogg, Addison Rae
  47. After Years Of Fan Efforts, Zack Snyder’s ‘Justice League’ Cut Is Coming To HBO Max
  48. Apple TV+ Breaks From Originals-Only Plan To Acquire Legacy Films, TV Series (Report)
  49. Leaker claims to have seen “Apple Glass” AR glasses, details how they’ll work
  50. Rumor: Apple AR Glasses Leak Points to Name, Price & Possible Launch Window
  51. Apple confirms it bought virtual reality event startup NextVR
  52. Apple Confirms Acquisition of VR Live Streaming Company NextVR
  53. Apple acquired NextVR, suggesting it still harbors VR ambitions
  54. Apple reopens some US stores amid COVID-19, but they’ll work differently
  55. Samsung is Terminating Its VR Video Apps on All Devices
  56. Zoomism and Discipline for Productive Immobility
  57. Content Moderation At Scale Is Impossible: Google Removes Podcast Addict From Play Store Because It Has COVID-19 Related Podcasts
  58. Rethinking Digital Platforms for the Post-COVID-19 Era: As COVID-19 is a concern, aspects of daily life will be mediated by platforms that see human interactions as content to be moderated, and data to be monetized
  59. Emergency Room Doctor: Getting Best COVID-19 Treatment Ideas Via WhatsApp
  60. Is ICANN retiring some top-level domains?
  61. International online education programs: A global regulatory perspective
  62. The challenges ahead for online courts
  63. Digital sources and digital archives: historical evidence in the digital age (Trevor Owens, Thomas Padilla)
  64. I’m a doctor with quadriplegia—thanks to tech, I’m back at work
  65. From iOS to SQL: The world’s most incorrectly pronounced tech terms

A.I.

  1. When audio deepfakes put words in Jay-Z’s mouth, did he have a legal case?
  2. People who know more about self-driving technology trust it more
  3. Our AI Future – Sexbots, Toilet Drones, and Robocops?
  4. Reboot Required: Artificial Intelligence System Cannot Be Named As An Inventor Under U.S. Patent Law, USPTO Says
  5. USPTO Refuses to Recognize AI Inventorship, but Policy Questions Still Linger
  6. Using AI to invent therapeutics: should artificial intelligence be recognised for inventive activity?
  7. OK Computer: the creation and integration of AI in Europe (Bernardo Buarquea, Ronald Davies, Ryan Hynes, Dieter Koglera)
  8. Artificial Intelligence | How much attention should you pay to legal risks and data governance?
  9. Blog: Open-world enemy AI in Mafia III

INTELLECTUAL PROPERTY

  1. A welcome and timely boost for trade secret protection in Canada
  2. Fashion House Sued for Lively Snaps
  3. The makeup of protection of a makeup store layout: a missed chance to apply the Cofemel decision?
  4. Quaran-streaming: Music licensing and your online business
  5. Copyright Making Sure That MTV Remains An Irrelevant Relic, Rather Than A Cultural Icon
  6. What’s the Deal with Comedians?: Too Late for Copyright Claim against Seinfeld
  7. Victory for Michael Jordan After 8-Year Chinese Trademark Battle
  8. Google v Oracle: The Copyright Case of the Decade
  9. IP update: recent development in EU copyright law: stim & sami v fleetmanager Sweden ab & nordisk biluthyrning ab (c-753/18)
  10. Copyright As Censorship: WSJ Identifies Hundreds Of Bogus News Takedowns; People Blame Google Rather Than Copyright
  11. Libraries Have Never Needed Permission To Lend Books, And The Move To Change That Is A Big Problem
  12. Canadian Federal Court of Appeal applies new standard of review in appeal of registrar
  13. New Nice Classification requirements – do classes matter in Canada?
  14. Sussex Royal – if at first you don’t succeed…
  15. What businesses need to consider before a brand (re)launch: lessons from SUSSEX ROYAL
  16. Federal Circuit Holds Packaging Color Combinations Can Be Inherently Distinctive
  17. The Parameters of Generic Marks: Booking.com before the Supreme Court
  18. Don’t SULKA: Trademark Plaintiff Must Demonstrate Intent, Ability to Use Mark
  19. No Luck Needed for Lucky Brand at the Supreme Court
  20. Supreme Court Rules Lucky Brand’s Defense Not Barred Under Defense Preclusion
  21. Get Lucky: U.S. Supreme Court Sides With Lucky Brand in Overturning “Defense Preclusion” Ruling
  22. The Supreme Court Declines to Revamp Preclusion Law in Lucky v. Marcel Trademark Dispute
  23. A Lucky Day for Lucky Brand: U.S. Supreme Court Rejects Second Circuit’s Defense Preclusion Test
  24. Defense in Trademark Action Not Precluded by Failure to Raise Same Defense in Earlier Action
  25. Romag Fasteners: SCOTUS Holds That Plaintiffs in Trademark Suits Need Not Show “Willful Intent” of Infringement to Recover Damages for Lost Profits
  26. IP Insight: DC Comics Prevail in Trade Mark Opposition against Magic Box
  27. HT Media and Hindustan Media Venture c. Brainlink International on hindustan.com: the chess game is underway
  28. Gömböc: CJEU provides clarity on the protectability of 3D trade marks
  29. How to bring an intermediary to justice in a domain name dispute
  30. WIPO data reveals rise in international trademark applications originating from Africa
  31. Focusing on Functionality, Software Claims Found Patent Eligible
  32. The “Plotting” Thickens: Claims that Solve Known Problem with Known Methods Are Obvious
  33. First decision under amended PMNOC Regulations: Federal Court finds Amgen’s filgrastim patent obvious
  34. G 3/19 – Tomatoes and Broccoli Now Overturned
  35. EPO Enlarged Board of Appeal Decision G 3/19 and the patentability of plant and animal products in Europe
  36. European Patent Office denies patentability of plants and animals obtained by essentially biological processes (G 3/19 “Pepper”)
  37. “Delivery Failed”: Shopping Notification Patent Lost Under § 101
  38. Managing Your VR/AR IP Portfolio During Covid-19
  39. Augmented Reality/Virtual Reality Patent Prosecution Update: 2020 Q1 Prosecution Statistics
  40. Thinking ahead: The impact of insolvency on IP rights

PRIVACY

  1. Cookies: A Bite in Cybernauts’ Privacy? A Canadian-European Overview
  2. It’s Impossible To Opt Out Of Android’s Ad Tracking; Max Schrems Aims To Change That
  3. Court Sends Google Assistant Privacy Lawsuit Back for a Redo
  4. A Spectacularly Bad Washington Post Story on Apple and Google’s Exposure Notification Project
  5. Now The Washington Post Misleadingly Complains About Google & Apple Protecting Your Privacy Too Much
  6. As Some Are Requiring People To Give Up Their Info To Dine, Stories Of Creeps Abusing That Info Come Out
  7. COVID-19 contact tracing hits Apple devices with iOS and iPadOS 13.5
  8. Privacy commissioners urge respect for privacy rights in using contact-tracing apps
  9. Everyone Agrees That Contact Tracing Apps Are Key To Bringing COVID-19 Under Control; Iceland Has Tried Them, And Isn’t So Sure
  10. The Case For Contact Tracing Apps Built On Apple And Google’s Exposure Notification System
  11. CSIS says proposed federal privacy reforms could hinder spy operations: Spy agency laid out argument in a 14-page submission to the Justice Department
  12. FBI Holds Press Conference To Claim Apple Prevented It From [Checks Notes] Verifying Attribution In The Pensacola Air Base Shooting
  13. iPhone crypto hid al-Qaida link to naval base shooting, AG fumes
  14. Uh Oh: FBI Serves Search Warrant On Senator Richard Burr, Seizes His Phone
  15. Senate passes spying bill without search and browsing history protections [Updated]
  16. Senate Passes Surveillance Reauthorization Bill 80-16 — One Stripped Of Almost All Of Its Reforms
  17. Can a company charge a fee for responding to a right to be forgotten request?
  18. Connected Vehicles and GDPR – A Status Update after the Public Consultation
  19. India was already a surveillance state. Its Covid-19 app goes even further
  20. Fever-Detecting Drones Don’t Work
  21. London’s Facial Recognition Rollout Trips Over The Pandemic As Facemasks Render The System Even More Useless

CREATIVITY   

  1. Top Things To Know Before Running a Contest in Canada
  2. Judge Tells Devin Nunes’ Dad (And Lawyer Stephen Biss) To Put Up Or Shut Up In Defamation Lawsuit Over Esquire Article
  3. European Film Bonds A/S & other v Lotus Holdings LLC & others [2020]: High Court judgment in favour of film completion guarantors who have successfully avoided a potential liability of over €18 million.
  4. Seventh Circuit Rejects Court Intervention In Light Beer Ad Wars: Is A New Trend Brewing In False Advertising Law?

GAMES

  1. Nintendo sues Switch hack resellers in ongoing fight against Team Xecutor: Platform holder continues to crack down on groups enabling pirated games to run on its console
  2. With new Switch-hacking tech looming, Nintendo targets retailers
  3. Nintendo notes COVID-19 is delaying Switch production, might hit game development
  4. Ubisoft suing Google and Apple for selling Rainbow Six: Siege ‘carbon copy’
  5. G2A and Wube Software settle $40,000 chargeback dispute: Factorio developer “satisfied with the results” after marketplace operators conduct internal audit
  6. Disney clamps down on Club Penguin clones following abuse allegations
  7. Disney: If We Can’t Run Club Penguin, No One Can Run Club Penguin
  8. Top mobile trends (and some surprises) during COVID-19 lockdown: GameAnalytics CEO Ioana Hreninciuc explores the effect of the pandemic on player behaviour around the world
  9. Blizzard Takes New Stance on Custom Game IP
  10. Children and online harms
  11. What the Age Appropriate Design Code means for video games: The ICO’s Statutory Code regarding children’s personal data has implications for video games — Baker McKenzie’s Ben Slinn advises to start preparing now
  12. Swiss Game Developer Settles FTC Allegations Over COPPA Safe Harbor Claims
  13. Madden NFL’s technical problems were on full display in ESPN championship
  14. Gambling revenue around esports set to double in 2020
  15. More Than A Game: The COVID-19 Pandemic Has Turned Esports Into An Economy Of Its Own
  16. Esports: a new market for travel businesses after COVID-19?
  17. Video: How to consider player skill growth in esports-friendly games
  18. Rooster Teeth Forges Multi-Faceted Pact With U.K. Digital Gaming Brand ‘The Yogscast’
  19. Twitch unveils new Safety Advisory Council: Group of online safety experts and Twitch partners to advise on policies, products, and trends
  20. Doom Eternal reverses course, will remove kernel-level Denuvo anti-cheat
  21. Valve launches Play Next feature to help Steam users choose their next game
  22. Valve Releases ‘Half-Life: Alyx’ Steam Workshop Tools for Making & Downloading Mods
  23. King has opened up and relinquished control of the Defold game engine
  24. King makes Defold engine open source: Candy Crush firm sets up Defold Foundation to handle the tech’s development going forward
  25. Unreal Engine is Now Royalty-free for the First $1 Million in Revenue
  26. How Epic got such amazing Unreal Engine 5 results on next-gen consoles
  27. Epic rolls easier refunds, keyless third-party sales into its Epic Games Store
  28. Epic Games store integrates keyless purchasing with third-party platforms: Green Man Gaming, Fanatical, and Genba Digital join Humble in offering automatic purchases without key entry
  29. Epic denies disguising load times in Unreal Engine 5 demo: Spokesperson says the goal was to demonstrate the level of detail in the scene
  30. Controller pros are dominating PC Fortnite thanks to “overpowered” aim assist
  31. Epic Games confirms Fortnite as launch title for PlayStation 5, Xbox Series X: Battle royale will be “optimised” for next-gen consoles, migration to Unreal Engine 5 due in 2021
  32. Free Grand Theft Auto 5 crashes Epic Games Store: Fortnite creator reports “most users” should now be able to access digital games marketplace
  33. Hey, Epic, If you’re Going To Boldly Give Away A Historically Popular Game For Free, Make Sure You Can Handle The Demand
  34. Fortnite surpasses $1b in lifetime spending on App Store alone: Epic’s battle royale sees mobile spending rise with Google Play launch
  35. Crucible, Amazon’s new online shooter: Alexa, does this game have a chance?
  36. Amazon throws itself into the Crucible of AAA at last: Lou Castle explains how Amazon’s hero shooter has evolved to be competitive, streamable, and standout in a crowded field
  37. UK Charts: Animal Crossing holds No.1 in another quiet week – No new releases in the retail charts this week
  38. Nintendo’s first rumored Mario game for 2020 has come true: Paper Mario in July
  39. Half of all New Horizons sales in the U.S., Japan, and Europe were digital
  40. Nintendo confirms 50% digital sales for Animal Crossing: New Horizons: New Horizons has already reached its lifetime sales target, according to Nintendo president Shuntaro Furukawa
  41. Nintendo warns of potential software delays due to remote working: “Since there are indeed big limitations on what can be done from home, we do think this will have a large impact”
  42. PlayStation Now has reached 2.2 million subscribers
  43. PlayStation Now reaches 2.2m subscribers: Sony’s service has doubled its reach in a single year, but still lags behind Xbox Game Pass
  44. PlayStation Plus reaches 41.5m subscribers: Subscriptions rose by 2.7 million in the first three months of 2020 alone
  45. Sony’s PS5 reveal will be all about the software | Opinion: The slow drip of PS5 information belies how much technical detail we already know — the real “unveiling” will likely be of a software slate
  46. Former Xbox exec J Allard is now Intellivision’s global managing director
  47. Xbox co-founder J Allard heads up Intellivision: Former Microsoft exec will oversee launch of upcoming Intellivision Amico console this October
  48. Take-Two plans to release 93 full titles in the next five years: Of those, 47 are expected to come from existing franchises, while 46 are new IP
  49. NBA 2K, GTA, and more push Take-Two’s net revenue over $3B for 2019-20 year
  50. Take-Two sets net bookings records as Q4 digital sales jump: Publisher looks ahead to a “light year” for new releases, but remains confident in success of back catalog, digital growth
  51. Game spending in the US reached a record quarterly high in Q1 2020: The NPD Group: Consumers spent nearly $10.9 billion on video games from January through March of this year
  52. Respawn opens Vancouver studio to focus on Apex Legends development
  53. Respawn marks its ten-year anniversary with a new Vancouver studio: Dusty Welch, Chad Grenier, Henry Lee, and Steven Ferreira discuss the new studio’s philosophy and goals for the longevity of Apex Legends
  54. Mobile battle royale game Free Fire has more than 80 million daily users
  55. The Dark Souls franchise has topped 27 million lifetime sales
  56. Ubisoft sales dropped by nearly 14% in fiscal year 2019
  57. Ubisoft beats Q4 forecasts, thanks in no small part to player recurring investment
  58. Ubisoft prepares for rebound with five AAA titles planned this fiscal year: Publisher reports full-year financials with expected lower revenues after multiple game delays
  59. Ubisoft offers Assassin’s Creed: Discovery Tour modes for free for one week – Educational explorations of ancient Greece and Egypt made available to encourage learning from home
  60. Humble’s indie game publishing biz is now Humble Games
  61. UK Games Fund selects 38 studios for next round of investment: COVID-19 pandemic caused the programme to be revised so more developers could benefit from funding
  62. Rewriting the playbook: The independent studios making sports work: We explore how developers are carving their own niches in the face of dominating franchises like FIFA and NBA 2K
  63. 2K and Hangar 13 get in on the classic game remake trend with Mafia: Definitive Edition
  64. NetEase revenues rise to $2.4bn: Fantasy Westward Journey publisher grows games business overseas with increased playerbase in Japan
  65. Keywords to raise £100m for acquisition of pandemic-hit companies: Share sale will allow the services firm to buy companies “less able to weather the disruption”
  66. Sumo Group acquires UK work-for-hire studio Lab42
  67. Sumo Digital acquires Lab42: Work-for-hire studio to will still operate independently as part of the Sumo group
  68. Game of War developer Machine Zone acquired by AppLovin: AppLovin will move its headquarters to studio’s Palo Alto office
  69. AppLovin acquires Final Fantasy XV: A New Empire dev Machine Zone
  70. Embracer Group sees record shift toward digital due to COVID-19
  71. Embracer Group’s games business grew by 31% last year
  72. Embracer Group’s full-year games revenue rose 31%: But the “first AAA games releases since Metro Exodus” won’t arrive until the year ending March 2022
  73. Mobile battle royale title Free Fire just hit 80 million daily active users
  74. Minecraft developer Mojang rebrands as Mojang Studios
  75. Mojang returns to its indie roots with Minecraft Dungeons: The 25-person team on turning one of the world’s biggest games into a dungeon crawler for everyone
  76. Minecraft has sold 200 million copies in 11 years
  77. Minecraft has sold over 200m copies to date: Mojang rebrands as Mojang Studios upon game’s 11th anniversary
  78. Planet Zoo has surpassed 1 million sales in under six months
  79. South Korean PC gaming cafes take a hit during COVID-19 peak: But the industry appears on the cusp of a rebound as restrictions lift
  80. Arcades vs COVID-19: How communities can save small businesses – Arcade owners across the world closed to protect their communities — now those regulars are the best hope for their survival
  81. Net sales down at Square Enix due to lack of major HD game releases
  82. Tencent is now working on OtherSide’s System Shock game
  83. Tencent expects revenues to “normalise” after strong Q1: Online and mobile game revenues soared during the COVID-19 pandemic
  84. 10 games, including Moss and Pistol Whip, have surpassed $2M revenue on Oculus Quest
  85. More than $100m has been spent on Oculus Quest content: Ten games have earned more than $2m in revenue, including PolyArc’s Moss and Cloudhead Games’ Pistol Whip
  86. SuperHot VR sells over 2m copies: Sales of all versions of the game passed two million last year
  87. Connecting through The Legend of Dragoon | Why I Love: Miriam Karina Melgoza on how the classic RPG forged a bond between father and daughter, and the power of games to bring families together
  88. War Stories: Alan Wake’s transformation emerged from a two-month “sauna”
  89. How a rejected My Little Pony game helped save a historic tournament
  90. Breath of the samurai: Sony’s Ghost of Tsushima finally looks like a video game
  91. Four better ways to talk about immersion in video games
  92. Game devs hold virtual meeting from hell in Mythic Quest: Quarantine teaser
  93. The sprawling, must-read history of Maxis’ former “serious games” division
  94. Q&A: Surviving failed Kickstarters and publishing woes to launch Song of Horror
  95. Q&A: Making XCOM tighter and more focused with Chimera Squad
  96. Don’t Miss: A look back at the creation and launch of Alan Wake’s American Nightmare
  97. Don’t Miss: A Postmortem of Double Fine’s seminal classic Psychonauts
  98. Don’t Miss: Composing the music of Red Dead Redemption
  99. Don’t Miss: Mafia 3 and the value of putting game developers in a box
  100. Don’t Miss: A classic interview with Castlevania composer Michiru Yamane
  101. Video: How Ubisoft handled NPC voice design for The Division 2
  102. Video: Democratizing real-time filmmaking techniques for indie devs
  103. Blog: Creating sequels as an indie developer
  104. Blog: How the Game & Watch impacted Nintendo’s handheld vision
  105. Blog: Beginning again at Spilt Milk Studios
  106. Blog: How Niantic’s response to COVID-19 has protected Pokemon GO
  107. Blog: Steam’s wishlist-to-sales %: thoughts & a call for data!
  108. Blog: Cultivating curation – A LudoNarraCon 2020 recap
  109. Blog: Adding life to worlds with dialogue barks
  110. Blog: Composing the interactive music of SPYDER – Part 2
  111. Blog: Developing multi-tile creatures in roguelikes
  112. Blog: The hidden Switch demo upside & more discoverability tricks
  113. Safe in Our World launches Level Up Mental Health campaign: Games companies unite to commit to supporting better mental health practices
  114. AccessJam announced to support Global Accessibility Awareness Day: Disabled game developers organisation Accessibility Unlocked kicking off month-long event on May 21
  115. U.S. Patent no. 10,315,113: System and method for simulating gameplay of nonplayer characters distributed across networked end user devices

Jon

Read More | No Comments

News of the Week; May 13, 2020

COMMUNICATIONS

  1. Why “Taking On” Google and Facebook Isn’t the Cure for the Media Sector’s Ills (Michael Geist)
  2. Shuttered restaurants, bars, hotels speed up TV cord-cutting even more
  3. No, Congress Can’t Fix The Broken US Broadband Market In A Mad Dash During A Pandemic
  4. COVID-19 Is Exposing A Virulent Strain Of Broadband Market Failure Denialism
  5. FCC fines Sinclair $48M, refuses to revoke its broadcast licenses
  6. FCC Makes it Easier for Broadcasters and Cable Operators to Rehire Laid Off Employees
  7. US military is furious at FCC over 5G plan that could interfere with GPS
  8. ISPs Finally Lifted Data Caps. It Only Took A Global Pandemic
  9. Comcast resists call to open home Wi-Fi hotspots, cites potential congestion
  10. Verizon’s nationwide 5G will only be a “small” upgrade over 4G at first
  11. Study Shows US 5G Is An Over-hyped Disappointment
  12. New AT&T CEO Says You’re A Moron If You Don’t Use AT&T Streaming Services
  13. Democrats try to ban Internet shutoffs until pandemic is over

DIGITAL

  1. Facebook will pay $52 million in settlement with moderators who developed PTSD on the job: Current and former moderators will all be paid a minimum of $1,000
  2. Facebook Agrees To Pay $52 Million To Content Moderators Whose Work Affected Their Mental Health
  3. Facebook settles moderator suit for $52M as hate speech on site increases
  4. As Facebook Agrees To Pay $52 Million In PTSD Payments To Moderators, Why Are Some Demanding More Human Moderators?
  5. Facebook’s Supreme Court Is In Place… And Everyone Hates It, Because Facebook Makes Everyone Hate Everything
  6. Amazon Sued For Saying You’ve ‘Bought’ Movies That It Can Take Away From You
  7. Amid Pandemic, Dozens Of Health Professionals Petition For Tech Companies To Curtail Misinformation
  8. Anti-Trump Ad Demonstrates Both The Streisand Effect & Masnick’s Impossibility Theorem
  9. How covid-19 conspiracy theorists are exploiting YouTube culture: Covid-19 conspiracy theorists are still getting millions of views on YouTube, even as the platform cracks down on health misinformation.
  10. YouTube, Vimeo, Facebook, Twitter Crack Down On COVID-19 Conspiracy Film ‘Plandemic’
  11. Twitter failing to curb misinformation “superspreaders,” report warns
  12. Twitter Making It Easier To Study The Public Discussions Around COVID-19
  13. ‘Smart’ Home Platform Wink Changes The Deal, Suddenly Imposes Subscription Fees
  14. Beyond Netflix and Spotify, what subscriptions are worth keeping in quarantine?
  15. Netflix’s first interactive sitcom: Good for laughs, deserves a better app
  16. Hamilton is coming to Disney+ a year early—just in time for Fourth of July
  17. YouTube Accelerates Launch Of Connected TV Ad Products Amid Coronavirus Viewership Boom
  18. YouTube’s FameBit Shutters Self-Service Influencer Marketing Platform To Prioritize In-House Matchmaking
  19. YouTube TV Adds BET, MTV, Comedy Central, Nick In Multi-Year Deal With ViacomCBS
  20. YouTube TV Adds ‘Court TV’ To Expanding Channel Lineup
  21. Court Dismisses Lawsuit Against Company that Added “Blockchain” To Its Name
  22. Twitch Developing Weekly Slate Of Unscripted, Interactive Shows (Report)
  23. ‘Twitch Roulette’ Spins Up Random Streamers With Few Viewers
  24. Jeffrey Katzenberg On Quibi’s 1.3 Million Active Users: “It’s Not Close To What We Wanted”
  25. Jeffrey Katzenberg’s Ego Decides That COVID-19 Must Be Why Quibi Totally Sucks And No One Wants It
  26. Studio71 And YouTube Animator Alex Clark Are Crowdfunding A Card Game
  27. YouTube Creator Corey La Barrie Has Tragically Passed Away On His 25th Birthday
  28. Family Of Late YouTuber Corey La Barrie Launches GoFundMe For Memorial Expenses
  29. Paul Vasquez, YouTube’s Joyful ‘Double Rainbow Guy,’ Has Passed Away Age 57
  30. YouTubers Kristin And Marcus Johns Both Recovering From Surgery After Devastating Hit-And-Run
  31. Studio71 UK Is Bringing TLC YouTube Series ‘Countdown To I Do’ To The Small Screen
  32. Top 50 Most Viewed YouTube Channels Worldwide • Week Of 5/11/2020
  33. Top 50 Most Viewed US YouTube Channels • Week Of 5/11/2020
  34. How Ad Council, Collectively, And Digital Brand Architects Are Evaluating Social Good Campaigns During COVID-19
  35. To compete with Gmail, Microsoft reveals plans for new Web-based Outlook features
  36. Bon Appétit’s Beloved ‘Test Kitchen’ Crew To Host Coronavirus Benefit Dinner On Instagram Live
  37. Charli And Dixie D’Amelio No Longer Affiliated With ‘The Hype House’ As A Business
  38. NBC Picks Up ‘A Little Late With Lilly Singh’ For Season Two, But Won’t Film Remotely
  39. BroadbandTV Signs Competitive Eater Matt Stonie, Jesse Wellens, Others
  40. English Law Challenges in Recovering Cryptocurrency Ransoms
  41. Alphabet’s Sidewalk Labs scraps its ambitious Toronto project
  42. Thunderspy: What it is, why it’s not scary, and what to do about it
  43. Coronavirus: Google ends plans for smart city in Toronto
  44. Google unifies messenger teams, plans “more coherent vision”
  45. Google Play Music dies this year, YT Music library imports begin today
  46. TikTok Goes On Hiring Spree In London, Which Will Serve As Center Of European Ops (Report)
  47. Facebook’s New Features Are Meant To Help Small Businesses See More “Virtual Foot Traffic”
  48. Zoomism and Discipline for Productive Immobility
  49. Choose your quarantine meme house: A taxonomy of the pandemic’s greatest meme hits.
  50. Bitcoin’s “halving” is bad for miners, good for everyone else
  51. What Do Platforms Do? Understanding the Gig Economy (Steven Vallas & Juliet B. Schor)

A.I.

  1. Thomson Reuters Accuses Ross Intelligence of Using Bot to Hijack Westlaw Data: Lawsuit against San Francisco-based Ross Intelligence could outline the often adversarial coexistence of copyrights and artificial intelligence.
  2. ROSS Fires Back At Thomson Reuters Over Data Case
  3. France is using AI to check whether people are wearing masks on public transport: The technology won’t be used to identify and punish individuals
  4. Blurring the Lines: When AI Creates Art Is It Copyrightable?
  5. CAA Signs Its First Virtual Client: Computer-Generated Instagrammer Miquela
  6. Shuttered restaurants, bars, hotels speed up TV cord-cutting even more
  7. All’s Clear for Deepfakes: Think Again
  8. Why Fake Video, Audio May Not Be As Powerful In Spreading Disinformation As Feared
  9. FTC Consumer Protection Director Provides Guidance on Use of Artificial Intelligence in Automated Decision-Making
  10. This ‘Beat Saber’ Project Uses AI to Generate Custom Beat Maps for Any Song
  11. Building the AI of F.E.A.R. with goal oriented action planning
  12. Response to the European Commission’s White Paper on Artificial Intelligence (Elettra Bietti)
  13. U.S. AI and IoT Legislative Update – First Quarter 2020
  14. Regulating Text and Data Mining in the European Union: Issues and Challenges

INTELLECTUAL PROPERTY

  1. Wiseau Studio, LLC et al v Harper et al, (2020 ONSC 2504)
  2. Ontario Court finds room for fair dealing in documentary on The Room
  3. Intellectual Property litigation in the Federal Court
  4. Second Circuit Clicks “I Agree” Affirming Website Agreement Protects Web Application from Misappropriation by Users
  5. Fair Use Protects a Highly Cropped Photo–Harbus v. Manhattan Institute (Eric Goldman)
  6. “I’m [Not] Yours”
  7. “I’m Yours” Not Theirs: Jason Mraz Settles Dispute Over Beer Ad’s Allegedly Unauthorized Use of Performance Footage on Instagram
  8. Court Of Appeals Affirms Lower Court Tossing BS ‘Comedians In Cars’ Copyright Lawsuit
  9. Sixth Circuit Concurrence Fears Courts May Be Groovin’ to the Wrong Tune in Copyright Cases
  10. Eleventh Circuit: Guitar Designer Wasn’t Taking a Solo
  11. Second Circuit Limits Copyright Damages To Those Incurred Within Three Years Prior to Suit
  12. Does copyright subsist in the Brompton Folding Bicycle?
  13. Does the Cofemel decision mark the end of “artistic value”?
  14. Copyright protection for fabric designs
  15. Monkey Business (and Other Animal Non-Rights)
  16. Copyright Troll Richard Liebowitz Has Two Separate Courts Sanction Him For His Ongoing Copyright Trolling Failures
  17. Supreme Court: Willfulness Not Required for Profits Awards in Trademark Infringement Actions
  18. Supreme Court Holds Trademark Infringement Does Not Require a Finding of “Willful” Infringement To Recover an Award of Profits
  19. Without a Willfulness Requirement, Is the Path Clearer for Brand Owners to Pursue and Recover Trademark Damages?
  20. Supreme Court clarifies rules for remedies in trademark litigation
  21. Whether or not there’s a will, there’s still a way to infringers’ profits in Canadian trademark litigation
  22. Trademark Law Alert – A Book Title Sometimes May Prevent Registration of the Same Term for Other Goods
  23. 2(b) Prohibition On “Flag Marks” Bars Use of Flag as Part of a Mark
  24. Coachella may not be cancelled – but its EU trade mark has been
  25. Say It With Me Now, Australia: Beer And Wine Are Not The Same Thing, Not Even For Trademarks
  26. Freedom of expression counts in trademark law
  27. [Insert Yell Here]: Rapper Pitbull Receives Trademark Registration for “EEEEEEEYOOOOOO!” Sound Mark
  28. NCAA Issues New Name, Image, Likeness Guidance
  29. The Face(David)Off
  30. Bongo’s Bingo and Bonzo Dog Doo-Dah cause IP Hoo-Hah
  31. SkyKick: High Court narrows Sky’s trade mark protection and criticises the use of trade marks as a weapon
  32. Justices Voice Reservations About a Bright-line Genericness Test in Booking.com
  33. Can a mathematical mystery be registered as a trade mark?
  34. Tiger King – Battle of the Big Cat Trade Marks
  35. National Geographic Defeats Trademark Suit Over ‘Wild America’ and ‘Untamed Americas’ Claim
  36. Patent Filings Doom Registered Trade Dress in Seventh Circuit
  37. Combination Litigation: Recent Software Disputes at the Intersection of Trade Secret, Copyright and Patent Law
  38. Federal Circuit Rules that Moving Software to the Cloud Alone Is Obvious
  39. Importance of Determining Inventorship Prior to Patent Issuance
  40. Patentability of Covid-19 smartphone apps at the EPO
  41. Fed. Cir.: Threat of Suit Over Past Infringement Confers Standing
  42. The Federal Circuit Dismisses Pfizer’s Appeal for Lack of Standing
  43. Object detection in an augmented reality image: insufficiently disclosed
  44. Obvious to the Bone: Teva Wins Opposition against Eli Lilly’s Patent Application Covering Osteoporosis Blockbuster FORTEO®
  45. Analysis of the innovativeness of “zanubrutinib” from a patent perspective
  46. Finite Methods as a Ground for Obviousness
  47. The deadlock on the unified patent convention
  48. Actions Speak Louder Than Words: Germany’s Highest Court tells SEP implementers that simply saying that you are willing to license is not enough, and hold-out will not be tolerated
  49. The UKIPO investigates AI-powered prior art searches
  50. How combining blockchain technology and AI could benefit patent analysis
  51. The Inventinator: May AI “Inventors” get Patents?
  52. USPTO: Artificial Intelligence Systems Cannot Legally Invent
  53. Creative COVID-19 Collaborations – IP Agreements that Work
  54. White House Identifies Amazon Foreign Domains as “Notorious Markets” for Counterfeit Goods
  55. Federal Circuit Patent Update
  56. IP Litigation Quarterly Update

PRIVACY

  1. India is forcing people to use its covid app, unlike any other democracy: Millions of Indians have no choice but to download the country’s tracking technology if they want to keep their jobs or avoid reprisals.
  2. Zoom Reaches Agreement with New York Attorney General to Resolve Privacy and Security Issues
  3. Zoom to Implement New Security Measures in Deal with NY Attorney General
  4. Utah Pulls Plug On Surveillance Contractor After CEO’s Past As A White Supremacist Surfaces
  5. Google’s Privacy Policy Can’t Save it From Smartphone Spying Claim: California Privacy Laws Tested in Suit Alleging Big Tech is Letting Subcontractors Listen in on Your Conversations
  6. Cookie walls invalidate consent, says EDPB
  7. In Response To Getting Sued, Clearview Is Dumping All Of Its Private Customers
  8. EU Data Protection: Updated EDPB Guidance on Consent Clarifies the Mechanism for Cookie Consent
  9. The EU is trying to fix its abysmal cookie consent policy: The pain of cookie consent mechanisms is an international problem
  10. EUROPE: New privacy rules for connected vehicles in Europe?
  11. Conflict Between the Right to Privacy and the Right to Public Health: Global Phenomenon and Coronavirus Outbreak
  12. Your Boss May Soon Track You At Work For Coronavirus Safety
  13. Privacy litigation in the age of coronavirus
  14. As More Students Sit Online Exams Under Lockdown Conditions, Remote Proctoring Services Carry Out Intrusive Surveillance

CREATIVITY   

  1. “Happy Cows” False Labeling Theory is Just “Half Baked”: Court Dismisses False Advertising Claims Against Ben & Jerry’s
  2. Counterclaims on the Cutting-Room Floor: How a Central District Court Cut Down the Writers Guild’s Countersuit Against Hollywood’s Talent Agencies
  3. HRH The Duchess of Sussex v Associated Newspapers Limited [2020] EWHC 1058 (Ch)
  4. Bud Light’s win on “corn syrup” ad offers valuable lessons on false advertisement claims
  5. Whoops! Whooper ad banned by the ASA
  6. The Impact of COVID-19 on Media and Entertainment Industry Transactions
  7. Art Law: Introduction
  8. First-step analysis: art law in USA (New York)
  9. Top 3 Legal Predictions on Fashion Law for 2020

GAMES

  1. Nintendo files lawsuit barrage to take down Super Mario 64 PC port
  2. A year of Riot’s diversity and inclusivity efforts mean it now employs 1% more women: And US operations have 1% more underrepresented minorities
  3. Riot “can’t solve society” but commits to combatting player abuse in Valorant: “Harassment and bullying in games is not a status quo I’m comfortable accepting,” says executive producer
  4. Riot wants to curb toxicity in Valorant without putting the burden on targeted players
  5. Riot Games’ Social Impact Fund has raised $10m so far: So far, the fund has provided $8 million in grands and funding to over 50 nonprofits
  6. Gaming Emote Litigation: Battle Royale Ensues Over Fortnite Emotes with Plaintiffs Testing Different Causes of Action
  7. Fortnite surpasses 350 million registered players
  8. Crytek Delays Launch of Lawsuit Against Star Citizen Devs Before Suddenly Settling
  9. Finnish Hockey League Championship Decided Via Stand-In Esports Playoff
  10. Ex-Respawn devs set up new studio Gravity Well as anti-crunch and pro-remote work
  11. Can video games depict war responsibly?: On the eve of the 75th VE Day, we explore how developers engage players in military conflict
  12. Animal Crossing boosts Nintendo sales despite COVID-19
  13. Animal Crossing: New Horizons sold 11.77 million copies in under two weeks
  14. Animal Crossing New Horizons hits 13.4m sales
  15. Animal Crossing New Leaf took six years to reach 12.6m sales — New Horizons surpassed it in six weeks
  16. UK Charts: Animal Crossing: New Horizons sales surge 135%
  17. Nintendo praises Switch momentum as lifetime sales eclipse 55 million units
  18. Switch passes 55m lifetime sales in a strong year for Nintendo: Pokémon and Animal Crossing were the standouts among 27 Switch titles that sold more than one million units
  19. Sales up at Nintendo due to ‘significant growth’ across the entire Switch family
  20. Animal Crossing is now the best-selling Switch game of all time in Japan: Island getaway game has sold 3.9 million copies, beat Final Fantasy 7 Remake in latest monthly charts
  21. Animal Crossing: New Horizons and its impact on a pandemic-stricken world
  22. Tales From The Quarantine: People Are Selling ‘Animal Crossing’ Bells For Real Cash After Layoffs
  23. Nintendo forecasts down year amid COVID-19 uncertainty: Switch maker expects to sell 17% fewer games, 9.6% less hardware for the fiscal year that started last month
  24. PlatinumGames apologises for blank Switch codes following The Wonderful 101 delay: Kickstarter backers complained of malfunctioning or empty codes, Japanese studio working on replacements
  25. Grand strategy title Stellaris has sold over 3 million copies in four years
  26. Twitch viewers watched 334m hours of Valorant in April: It was the most popular game on Twitch, and drove the rise of new streamers to the top ten
  27. Report: games market to generate $159 billion in 2020 thanks to coronavirus (Newzoo)
  28. Mobile games to see the least negative impact from COVID-19: Newzoo – All platforms will see growth, but low barrier to entry and simpler development will bolster mobile
  29. Report: COVID-19 spurns 45% growth in livestreaming viewership (StreamElements)
  30. COVID-19 and the Games Industry: Opportunities and Challenges
  31. Q&A: How Jackbox CEO Mike Bilder is grappling with quarantine-driven success
  32. The Resident Evil series has sold 98m units to date: Monster Hunter has sold 63 million total, Street Fighter is at 44 million
  33. Digital revenue and packaged game sales driving growth at Sega Sammy
  34. Surge in packaged games drive Sega’s full-year sales to $3.4bn: Boxed products were biggest revenue driver for games business, but future releases may be delayed by COVID-19
  35. Zynga posts its best-ever Q1 by way of $404 million in revenue
  36. Zynga COO: We could work from home forever if needed – Matt Bromberg says the social gaming company hasn’t skipped a beat because of social distancing
  37. Sledgehammer COO: “We’re ready and prepared to work this way indefinitely” – Andrew Wilson says the studio has overcome most work-from-home tech hurdles, but mental health still a challenge
  38. Sales down, profits up at Capcom
  39. Capcom posts record profits on sharply down sales: Despite revenues down 18.4% year-over-year, shift to higher-margin digital sales drives Monster Hunter maker’s bottom line
  40. Playrix sees best month ever as Gardenscapes lifetime revenue nears $2b – Sensor Tower: Mobile games publisher has surpassed 1.1 billion downloads across its entire portfolio
  41. Rogue Games nets $2 million to expand publishing business
  42. Rogue Games raises $2m toward expanding its publishing business: In total, the mobile publisher has raised $3.4 million
  43. Lack of big releases sees Square Enix sales drop to $2.4bn: But profits and operating income still show increases thanks to Final Fantasy XIV and Dragon Quest X expansions
  44. Nexon’s Q1 takes a hit from closure of PC gaming cafes in China: But Korean revenue remains strong due to MapleStory, FIFA Online 4
  45. Avalanche pushes in a new direction with Systemic Reaction: The Swedish firm’s rebranded self-publishing division is aiming for faster development with smaller teams
  46. Tony Hawk’s Pro Skater 1+2 will be remastered for a second time in Sept 2020
  47. The Culling is coming back, this time swapping free-to-play for one-free-play-per-day
  48. Xbox “set some wrong expectations” for next-gen livestream: Microsoft and Ubisoft mollify fans expecting to see promised Xbox Series X gameplay
  49. Xbox Series X showcase redefines “gameplay” | Podcast: Latest episode available now, focusing on last week’s special episode of Inside Xbox
  50. Some Xbox Series X games won’t hit 60fps “performance target”
  51. Microsoft shows off 13 “launch window” games for Xbox Series X
  52. New IP dominates first Xbox Series X game reveals: Nine new games will use Xbox’s ‘Smart Delivery’ offering that allows gamers to buy a game once for use across all Xbox consoles
  53. Every Xbox Series X game announced by Microsoft today: That’s a lot of games!
  54. Epic debuts free Online Services to help devs build cross-platform, cross-play games
  55. Devs using Unreal Engine won’t owe Epic royalties on a game’s first $1 million
  56. Unreal Engine is now royalty-free until a game makes a whopping $1 million
  57. Epic’s next-gen bid to knock down the walled garden: Tim Sweeney, Kim Libreri, and Nick Penwarden discuss Unreal Engine 5, next-gen development, and Epic’s efforts to make both open and accessible
  58. Epic Games announces Unreal Engine 5 with first PS5 footage: Beginning today, Epic will waive royalties on the first $1 million in game revenue for all Unreal Engine games
  59. Epic reveals next-gen Unreal Engine 5 tech running on PlayStation 5
  60. PS4 sales down at Sony, but network services revenue gets ‘significant’ boost
  61. Sony’s games business declines as new generation looms: PS4 sales passed 110m units in a down fiscal year, but PS5 is still set to launch in 2020
  62. First-party PlayStation games to be collected under new PlayStation Studios brand
  63. Sony announces new PlayStation Studios branding for its first-party PS5 games
  64. PlayStation Studios brand will launch alongside PS5: Check out the video that will open upcoming first-party PlayStation games
  65. Sony has suspended the PlayStation Store in mainland China to upgrade security
  66. Sony temporarily closes PlayStation Store in China: Platform holder says it is improving store security, no reopening date given
  67. Niko Partners: COVID-19 may slow consumer adoption of next-gen consoles
  68. UK: Ads on social media for esports betting come under the microscope
  69. Activision Blizzard brings in betting monitoring firm to observe its esports leagues: Overwatch League, Call of Duty League enter multi-year partnership with Sportradar
  70. Esports & the global pandemic
  71. Electronic Arts shifts playbook for all-digital esports events
  72. Fantasy sports firm Sleeper turns to esports after $20m round: Series B funding round closes ahead of new League of Legends fantasy esports game
  73. We talk esports vs. a pro racing simulator with Jaguar’s Mitch Evans
  74. Hologate Wants Its New VR Arcade Hygiene Standards to Inspire Confidence in a Wary Public
  75. Researchers Say Head-mounted Haptics Can Combat Smooth Locomotion Discomfort in VR
  76. VR could seize its moment — if the big players would cooperate | Opinion: VR has an opportunity to break out, but the mess of competing standards is holding back the whole sector
  77. Maze Theory raises £1.4m for Doctor Who VR trilogy: Studio receives investment from UK Creative Content EIS Fund, plus a second grant from government programme
  78. Can video games depict war responsibly?: On the eve of the 75th VE Day, we explore how developers engage players in military conflict
  79. Growing mobile games through user acquisition: Nordeus’ Andrej Kugonič takes a deep dive into UA for the GamesIndustry.biz Academy
  80. Starbreeze cuts losses by $7.2 million, calls Payday 3 publishing talks ‘positive’
  81. Starbreeze cuts losses to $9.9m: Payday 3 publishing plans hindered by travel restrictions
  82. Streaming startup Parsec raises $7m in funding: Series A round will fund push into streamed gameplay and remote development
  83. Scavengers Studio ends active development on Darwin Project
  84. How World of Warcraft has evolved with the Internet
  85. Here’s the surprisingly sweet origin story behind New Horizons’ sea bass gag
  86. Don’t Miss: Writing Deus Ex: Mankind Divided to ‘hold a mirror up to the world’
  87. Don’t Miss: Chris Crawford wants game devs to do long-term planning
  88. Don’t Miss: Ken Rolston’s development secrets of The Elder Scrolls IV: Oblivion
  89. Don’t Miss: A postmortem of Treyarch’s Tony Hawk’s Pro Skater for the Dreamcast
  90. Don’t Miss: Paradox Development Studio’s postmortem of Stellaris
  91. Q&A: Re-imagining 1998’s Half-Life for a 2020 audience in Black Mesa
  92. Video: Behind the beautiful audio of PSVR game Paper Beast
  93. Video: Balancing visuals and performance while art directing Forza
  94. Video: Using deep reinforcement learning for NPCs and playtesting
  95. Video: Understanding different specialties & approaches in game production
  96. Blog: Understanding open world level design – Part 1
  97. Blog: A data-filled deep dive into LudoNarraCon
  98. Blog: The calming effect of low stakes games4
  99. Blog: Tilemaps – More than a grid
  100. Insights: With Metaverse Talk Common Amid Pandemic, We’re Ready To Be ‘Player One’ Almost Anywhere Else
  101. U.S. Patent no. 10,315, 108: Local application quick start with cloud transitioning

Jon

Read More | No Comments

News of the Week; May 6 2020

COMMUNICATIONS

  1. Advocacy group wants CRTC to do more to protect privacy amid contact tracing debate: Telecommunications Act requires privacy protections and monitoring and disclosing of contact tracing
  2. NYT defeats Ajit Pai as judge orders FCC to provide net neutrality records
  3. Judge Orders FCC To Hand Over Data On Fake Net Neutrality Comments
  4. CenturyLink still hasn’t met 2019 FCC deadline, now faces pandemic roadblocks
  5. AT&T CEO Steps Down After Bungled, Megamerger-Fueled TV Failure
  6. ‘Job Creating’ Sprint T-Mobile Merger Triggers Estimated 6,000 Non-Covid Layoffs
  7. Federal Communications Commission Penalizes Marriott Vacations for Unauthorized Transfer of Private Radio Licenses
  8. Comcast overcharged elderly couple $600, denied refund until contacted by Ars
  9. Comcast Graciously Extends Suspension Of Completely Unnecessary Data Caps
  10. Frontier, amid bankruptcy, is suspected of lying about broadband expansion
  11. What’s New in 5G – May 2020

DIGITAL

  1. Bye, Amazon (Tim Bray)
  2. Amazon VP Tim Bray Quits To Protest Employee Firings
  3. Amazon Vice President: ‘I Quit in Dismay’ at Company Firing Whistleblowers
  4. Tim Bray, Early Internet Guru, And Amazon VP Quits Over The ‘Chickenshit’ Company’s Targeting Of Employees Speaking Out About COVID-19
  5. An Amazon VP’s resignation has cast a spotlight on the company’s working conditions
  6. An Amazon VP’s resignation shows internal unrest is rising to the top: Tim Bray wrote that staying an Amazon VP would have meant “signing off on actions I despised.”
  7. “Chickens**t” whistleblower firings are “poison,” resigning Amazon VP says
  8. The Pandemic Has Ended the Amazon Debate: It’s clearer than ever that supporting Amazon is a tacit endorsement of abusive work policies and more
  9. An Amazon warehouse worker in New York has died of COVID-19: Amazon confirmed the death to The Verge
  10. House Panel Wants Bezos to Testify in Antitrust Probe: Amazon reportedly used sensitive seller information to develop its own competing products.
  11. Congress wants Jeff Bezos to testify in Amazon antitrust probe: A House subcommittee is scrutinizing whether the company unfairly competes against its own marketplace sellers.
  12. Amazon locks down internal employee communications amid organizing efforts
  13. Congress calls on Bezos to come explain Amazon’s possible lies
  14. The Decentralized Web Could Help Preserve The Internet’s Data For 1,000 Years. Here’s Why We Need IPFS To Build It.
  15. A Sure Way to Ruin My Day: The Phrase “Enforceable Browsewrap”–HealthplanCRM v. Avmed
  16. California sues to make Uber and Lyft drivers employees
  17. Uber lays off 3,700 people as its ride business craters
  18. Illinois Supreme Court Finds Daily Fantasy Sports to Be Legal, Rejects DFS Loser’s Gambling Loss Recovery Act Claim
  19. Is It Illegal to Prohibit Online Selling?: High Court has ruled on whether it is illegal for a business to restrict online selling by its retailers under competition law – Ping Europe Limited v Competition and Markets Authority
  20. Here We Go Again: Russia Gears Up to Interfere in 2020 Election With Coronavirus Disinformation: A campaign linked to Russia aims to manipulate this year’s elections in the United States and Europe.
  21. Inside the Early Days of China’s Coronavirus Coverup: The dawn of a pandemic – as seen through the news and social media posts that vanished from China’s internet.
  22. How Can Anyone Argue With A Straight Face That China’s Approach To Speech Online Is Better Than The US’s During A Pandemic
  23. China Tried To Get The EU Not To Release A Report On China’s COVID-19 Disinformation Efforts
  24. Cambodian Government Using Fake News Law To Silence Critics And Coronavirus Reporting
  25. Being Too Aggressive At Policing COVID-19 Disinformation Risks Breaking The Important ‘Collective Sensemaking Process’
  26. Coronavirus: David Icke kicked off Facebook – Facebook has taken down the official page of conspiracy theorist David Icke for publishing “health misinformation that could cause physical harm”.
  27. Ninth Circuit Revives Class Action Suit against Facebook for Selling Users’ Browsing History
  28. Court Approves Historic FTC-Facebook Settlement Giving Businesses 5 Billion Reasons to Reevaluate Privacy Programs
  29. Facebook’s Zuckerberg praises coronavirus lockdowns as Tesla’s Musk sees ‘fascism’
  30. Counter-archiving Facebook (Anat Ben-David)
  31. These are the people Facebook put in charge of deciding whether to delete controversial posts
  32. Why I’m Joining Facebook’s Oversight Board: Former Guardian editor Alan Rusbridger on why the social media giant ‘needs independent, external oversight’
  33. How Facebook’s oversight board could rewrite the rules of the entire internet: The new content moderation board is built so other companies could get in on the action. That could be a mixed blessing.
  34. Texas Appeals Court Brushes Off Section 230 In Allowing Lawsuit Over Sex Trafficking Against Facebook To Continue
  35. If You’re Complaining About COVID-19 Misinformation Online AND About Section 230, You’re Doing It Wrong
  36. Armslist Wins Another Section 230 Ruling–Stokinger v. Armslist (Eric Goldman)
  37. Senator Wyden And Others Introduce Bill Calling The DOJ’s Bluff Regarding Its Attempt To Destroy Section 230 & Encryption
  38. Twitter runs a test prompting users to revise ‘harmful’ replies
  39. Another Suspended Twitter User Loses in Court–Wilson v. Twitter (Eric Goldman)
  40. Twitter tests telling users their tweet replies may be offensive
  41. Supreme Court Streams Oral Arguments Live For The First Time (Thanks To The Pandemic)
  42. In an unusual investor call, Apple reports flat quarterly earnings amid COVID-19
  43. How ‘Karen’ Became a Coronavirus Villain: A popular joke about entitled white women is now a big pandemic meme.
  44. ICANN blocks controversial sale of .org domain to a private equity firm
  45. ICANN Board Blocks The Sale Of The .Org Registry
  46. It’s a No-Win for Gig Workers in the Covid-19 Moment
  47. Hedge Fund ‘Asshole’ Destroying Local News & Firing Reporters Wants Google & Facebook To Just Hand Him More Money
  48. Zoom matchmaking is giving lockdown singletons a shot at love: A reinvention of traditional matchmaking is helping the single, bored, and lonely meet like-minded people, wherever they might live.
  49. Zoom Video Conferencing: Data Privacy and Cybersecurity Implications
  50. Google Meet, Google’s Zoom competitor, gets wider Gmail integration
  51. New earnings report shows Microsoft’s shift to cloud and subscriptions is working
  52. ‘What are we doing this for?’: Doctors are fed up with conspiracies ravaging ERs: “I left work and I felt so deflated,” one doctor said about an effort to counter misinformation he saw on Facebook. “I let it get to me.”
  53. Medical students learn through virtual clinical rotations
  54. In rural Oklahoma, a Wi-Fi hot spot brings a dash of hope and excitement: At high schools, libraries, parking lots &  side streets, Americans are tapping public Wi-Fi hot spots that are lifelines during the coronavirus pandemic.
  55. Zoom says it has 300 million daily meeting participants, not users
  56. Deplatforming: Following extreme Internet celebrities to Telegram and alternative social media
  57. The Power and Perils of Influencer Marketing: Recent Developments, Competition Considerations and Best Practices
  58. NFL Draft Prompts Big Social Media Spike
  59. YouTube Taps Barack And Michelle Obama, BTS, Jackie Aina, More For Virtual Graduation Event
  60. CAA Signs YouTube Beauty Guru Rachel Levin (Exclusive)
  61. YouTube Expands Recommendation-Filtering Feature ‘Topics’ To iOS, Browser Site
  62. Top 50 Most Viewed YouTube Channels Worldwide • Week Of 5/04/2020
  63. Top 50 Most Viewed US YouTube Channels • Week Of 5/04/2020
  64. YouTube To Let News Publishers Natively Vend Their Own Subscription Products By Year’s End (Report)
  65. Boots on the Moon! Netflix drops official Space Force trailer
  66. Hulu Becomes Latest HBO Max Launch Partner, Will Upgrade Current HBO Add-Ons For Free
  67. The Promise – and Risk – of a Career in TikTok: For many young people, being a paid content creator on social media is the dream job. But it’s not as easy as it may look.
  68. TikTok Has Reportedly Surpassed 2 Billion Global App Downloads
  69. Candidates Can’t Campaign, So They’re Trying To Go Viral: Down-ballot candidates are starting to look a lot like influencers
  70. The Biden campaign faces a mind-boggling challenge: How to make Joe go viral – The ex-veep’s small digital team has a tall order going up against Donald Trump, who intuitively understands what clicks.
  71. Straight from Monty Python – Implied Warranties: The British Columbia Dead Parrot Case
  72. This baby goat live stream is the mood-booster we need: Play, eat, sleep, repeat
  73. This Mental Health App Is Tailor-Made for Your Pandemic Woes: Covid Coach, from the National Center for PTSD, offers exercises and resources for dealing with uncertainty, isolation, and unemployment.
  74. Google tells employees they can’t expense food or other perks when working from home
  75. Google—Do Not Pass Go, Do Not Collect $200: Why the Tech Giant Is a “Bad” Monopoly (Alicia Ginsberg)
  76. Justin And Hailey Bieber Debut Self-Shot Facebook Watch Series During Quarantine
  77. Eko’s Tech Theft Lawsuit Against Quibi To Be Funded By New Investor Elliott Management Corp. (Report)
  78. Quibi Denies Purposely Leaking Users’ Emails, But Has Retooled Its Sign-Up Process
  79. Quibi Turns To YouTube For Audience Growth, Uploading Full Episodes Of Select Originals
  80. Quibi Is What Happens When Hollywood Overvalues Content And Undervalues Community
  81. Hulu Becomes Latest HBO Max Launch Partner, Will Upgrade Current HBO Add-Ons For Free
  82. Disney hammered by coronavirus shutdowns as operating income drops 37 percent
  83. The Black Box and Japanese Discourses of the Digital (David Humphrey)
  84. On the Relief of Ignoring the Internet in Fiction: Joyce Hinnefeld Considers the Obstacles of Digital Obsolescence
  85. After the Tech-Lash: Digital Policy Priorities in the Post-Pandemic World (Michael Geist)

A.I.

  1. Jukebox: Introducing Jukebox, a neural net that generates music, including rudimentary singing, as raw audio in a variety of genres and artist styles. We’re releasing the model weights and code to explore the generated samples.
  2. To Invent is Human: U.S. Patent and Trademark Office Rejects AI System as an Inventor
  3. Video: How 343 uses machine learning for optimal matchmaking
  4. US patent office rules that artificial intelligence cannot be a legal inventor: Only ‘natural persons’ need apply
  5. Does An Invention Discovered With Artificial Intelligence Obtain Patent Protection?
  6. Ha Ha, Our New Robot Overlords Can’t Get Patents
  7. USPTO denies patent application for invention by AI
  8. USPTO Rules Artificial Intelligence Cannot Be Named As Inventor for Patent Application
  9. Harrisburg University Researchers Claim Their ‘Unbiased’ Facial Recognition Software Can Identify Potential Criminals
  10. AI Software Gets Mixed Reviews for Tackling Coronavirus
  11. Drone-to-door medicines trial takes flight in Ireland
  12. An AI algorithm inspired by how kids learn is harder to confuse
  13. How well can algorithms recognize your masked face?
  14. How coronavirus set the stage for a techno-future with robots and AI
  15. “Deepfake” Technology: Very Real Marketing Value … and Risks
  16. Harnessing artificial intelligence (AI) to increase wellbeing for all: The case for a new technology diplomacy
  17. Volvo plans cars with lidar and “eyes off” highway driving by 2022
  18. US FTC Publishes Guidance on Using Artificial Intelligence and Algorithms

INTELLECTUAL PROPERTY

  1. York University statement on recent court decision regarding Access Copyright
  2. Supreme Court May Weigh In on the Legality of Data Scraping
  3. Supreme Court Offers Guidance Regarding Eligibility of State Legislative Records for Protection Under the Copyright Act
  4. Allen v. Cooper and Georgia v. Public.Resource.org: The Supreme Court Navigates the Relationship Between State Government and Federal Copyright Law
  5. Jennifer Lopez sued for copyright infringement
  6. Once Upon a Time: Everything was Copyrighted
  7. 11th Circuit Tells Guitar Maker to Take a [Pantera] Walk on Delayed Copyright Claims
  8. Ricky Martin’s “Vida” Lives On, but Plaintiff Will Get Another Shot at It
  9. Hiring out cars with radios is not a “communication to the public”
  10. IP in Street Arts
  11. Surely Not The Equivalent Of The Mona Lisa?*
  12. EU Joins In The Bullying Of South Africa For Daring To Adopt US-Style Fair Use Principles
  13. IP Alert: Two Recent IP Rulings Have Far-Reaching Consequences
  14. Show me the money: Supreme Court rules that trademark infringers may disgorge profits even if the law was not willfully violated
  15. Supreme Court Raises the Stakes Against Unauthorized Resellers: Willfulness No Longer Required for Manufacturers to Obtain Profits in Trademark Cases
  16. Court Sides With Nike And Dismisses Kawhi Leonard’s Lawsuit Over ‘Klaw’ Logo
  17. Remix Culture Done Right: Wes Tank Mashes Up Dr. Seuss With Dr. Dre (And So Far The Copyright Police Have Left Him Alone)
  18. Can Smells be Trademarks?
  19. Ardbeg v AlbergWhisky
  20. Luxury Arcade Game Win
  21. Lion’s head trade mark not sufficiently distinctive for Parisian brand Pierre Balmain
  22. Bentley Clothing wins trade mark battle against Bentley Motors
  23. Highest EU court pours hot water on Coty v Amazon case
  24. High Court disarms ‘weaponised’ TMs in landmark ruling
  25. There are more things …than are dreamt of in your philosophy: Damages for infringing a revoked and unused trademark? Yes says the CJEU…
  26. C‑622/18 – AR v Cooper International Spirits LLC and Others – Damages for trade mark infringement possible where trade mark revoked for non-use
  27. Sky v Skykick – High Court decision
  28. Skykick liable for infringement of Sky’s trade mark registrations even after they are held to be partially invalid
  29. Are second hand sales use of a registered trade mark?
  30. SCOTUS Livestreams Oral Arguments on BOOKING.COM Trademark Registerability
  31. As Twisted as Cheese!
  32. Supplementary protection for vaccines: Canada diverges from Europe
  33. USPTO Reports on Examination Outcomes Post-Alice
  34. U.S. Patent Office Report Shows Improving Post-Alice Patent Examination Outcomes
  35. Fish Hook Claims Can’t Catch a Patent
  36. Fishing for Eligibility in Murky Waters
  37. Wurst Case Scenario: Sausage Tray Design Patent Found Obvious
  38. An Invention That Changes the Normal Operation of a System Is Not Abstract Under § 101
  39. A History of the Solar Cell, in Patents
  40. Wearable Technologies and Intellectual Property: Stand Alone Software and Software as Medical Devices
  41. Patent Infringement for the Public Good
  42. Patents – public interest argument fails in medical devices case
  43. Most number of Patent Applications filed by?
  44. Patent Litigation Filings on the Increase with the COVID-19 Pandemic
  45. We’re Saved! Company Claims It’s Patented ‘Containing the Spread of Disinformation’ And Will Stop COVID-19 Disinfo

PRIVACY

  1. UK City Leaves Nearly Nine Million License Plate/Location Data Records Exposed On The Open Web
  2. Suspected DNC & German Parliament Hacker Used His Name As His Email Password
  3. A facial recognition company wants to help with contact tracing. A senator has questions.: Clearview CEO Hoan Ton-That said it’s in discussions with federal and state agencies to help with contact tracing.
  4. Here’s how Apple, Google will warn you if you’ve been exposed to COVID-19
  5. Ethics of instantaneous contract tracing using mobile phone apps in the control of the COVID-19 pandemic
  6. Contact tracing, data and privacy: Technological choices in response to COVID-19
  7. Would you let Google, Apple contact-trace your family? Here’s what Reddit’s Alexis Ohanian says
  8. Court Filings Show NSO Group Ran Malware Attacks Through Servers Located In California
  9. Filings In Facebook’s Lawsuit Against NSO Show FBI Director Chris Wray Was For Encryption Before He Was Against It
  10. Hard Pass: Clearview Offers To Help Out With COVID-19 Contact Tracing
  11. Google Purged Almost 1,000 Abusive ‘Creeperware’ Apps. Now Some Are Coming Back.: Catch a Cheating Spouse now has more than 10,000 downloads
  12. Coronavirus Has Complicated California’s Internet Privacy Law: Business groups have asked the state to hold off on enforcement of privacy rules.
  13. South Korea is relying on technology to contain COVID-19, including measures that would break privacy laws in the US — and so far, it’s working
  14. Downloading COVID-19 contact tracing apps is a moral obligation
  15. Ring Docs Show Company Is Testing Consumer Enthusiasm For Facial Recognition, License Plate Reader Capabilities

CREATIVITY   

  1. A $750,000 Foot Long: Costs Awarded to CBC in Failed Subway Defamation Suit
  2. Court Tosses Former Sheriff Arpaio’s Attempt To Relitigate His Libel Lawsuit The Court Tossed Last Year
  3. Devin Nunes’ Lawyer Facing Sanctions, While Nunes Himself May Have To Pay His Opponents’ Legal Bills
  4. Court Slaps Down Corporal Punishment Defamation Case Against Broadcasting Corporation
  5. What’s the ASA’s ‘beef’ with Burger King?
  6. Media consortium seeking search warrants from Nova Scotia mass shooting: Halifax Judge says she’ll push to hold hearings as soon as possible
  7. Journalism, press freedom and COVID-19 (UNESCO)
  8. A Brave New Art World Online
  9. How Art Movements Tried to Make Sense of the World in the Wake of the 1918 Flu Pandemic
  10. Thinking Through Covid-19 Responses With Foucault – An Initial Overview
  11. AMC Theaters Pouts Like A Child Because NBC Universal Proved Movie Release Windows Are Nonsense
  12. 2H 2019 and Q1 2020 Quick Links, Part 6 (Pornography/CSAM) (Eric Goldman)
  13. 2H 2019 and Q1 2020 Quick Links, Part 7 (Content Moderation, Censorship, Defamation, & More) (Eric Goldman)

GAMES

  1. Microsoft facing controller drift suit: Plaintiff in class-action suit says Xbox One controllers have problems with faulty analog sticks
  2. Who Owns the Ink?
  3. Billy Mitchell suing Twin Galaxies over disqualified Donkey Kong scores: Former record holder asserts leaderboard site “at least implied [that he was a cheater]”
  4. Billy Mitchell takes his Donkey Kong high-score cheating case to court
  5. No More Monkeying Around – Donkey Kong High Score Record Holder Sues Video Game Leaderboard For Defamation
  6. Drama in iRacing as IndyCar champ wrecks F1 star on purpose
  7. Why the makers of Plague Inc. are building a mode where you destroy the virus
  8. Sony says The Last of Us Part 2 leak didn’t leak from employees
  9. Sony says major The Last of Us Part 2 leak didn’t come from employee
  10. Proposed Anti-Spying Legislation May Not Be Cause for Alarm for Gamers in Congress
  11. Australia integrity boss eyes corruption threat in online games
  12. Gambling Games by Another Name? District Court Offers Clarity On Line Between Social Gaming and Gambling.
  13. ESRB and PEGI Introduce Loot Box Warnings
  14. Video Games: What’s in for the ‘Look and Feel’?
  15. Are bootleg game soundtracks damaging the industry?: The popularity of video game music clashes with its lack of availability in physical formats — we examine both sides of this complex issue
  16. Report: Work-from-home issues to blame as Nintendo axes June Direct
  17. Fans Port Mario 64 To PC And Make It Way Better, So Of Course Nintendo Is Trying To Nuke The Project
  18. Generating Game of Thrones characters in Skyrim’s character creator
  19. Beyond emulation: The massive effort to reverse-engineer N64 source code
  20. Shooter genre sees the most growth on PC in the midst of social isolation
  21. Roblox believes user-generated content will bring us the Metaverse
  22. Roblox Corp launches $2 million fundraiser to support COVID-19 charities
  23. Xbox Game Pass now has over 10 million subscribers
  24. Xbox Game Pass now has more than 10 million subscribers
  25. Why Gears Tactics is an important release for modern Xbox
  26. Phil Spencer says COVID-19 could delay Xbox Series X launch titles
  27. Amid “Significant Reduction” In Q1 Ad Buys, Video Game Marketing Is Showing “Relative Strength,” Facebook Says
  28. Rovio profits soar to $14 million as UA spending is cut by almost half
  29. Gaming viewership, playtime surged in China under lockdown: Niko Partners – But ad revenue dropped, and players gravitated toward familiar, not new, titles
  30. The “COVID bounce” in games shouldn’t obscure what lies ahead | Opinion: The spike in interest and revenue is temporary, says MIDiA Research’s Karol Severin, and will likely give way to recession and harder times
  31. MicroProse brand, known for X-COM and Civilization, has been revived
  32. MicroProse returns after two decade absence: The storied publisher is back with three new games, 18 years since its last release
  33. The resurrection of MicroProse and return of “Wild Bill” Stealey: The original publisher’s co-founder explains how he’s helping the new MicroProse’s CEO restore the brand to former glories
  34. Multiple EA titles are headed to Nintendo Switch this year: Publisher also planning a fourth sports title, an HD remake, and next-gen upgrades for some current games
  35. Electronic Arts beats investor expectations with $1.39 billion in Q4 revenue
  36. Live services drive fiscal 2020 rebound for EA: Publisher enjoys record net revenues, plans for continued focus on live services into 2021
  37. UK Charts: FIFA 20 reclaims No.1 from Animal Crossing New Horizons – Mario Kart 8 Deluxe speeds back into the top five
  38. Animal Crossing Pocket Camp enjoys halo effect from New Horizons: April was the mobile title’s highest ever month for revenue, according to Sensor Tower’s data
  39. How Animal Crossing’s fake industries let players afford real rent amid COVID-19
  40. Activision Blizzard bookings up 21% amid pandemic: New Call of Duty on track for fall, two other Activision IP titles in the works for current fiscal year
  41. Activision Blizzard posts $1.79 billion Q1 revenues as pandemic creates gaming surge
  42. Activision Blizzard raises full year outlooks as Q1 revenue beats expectations
  43. Activision Blizzard now fully WFH and covering employees’ COVID-19 costs
  44. Sensor Tower receives $45m investment: Private equity firm Riverwood Capital invests following record year for Sensor Tower
  45. After deadline issues for Doom Eternal’s OST, a new composer will score its DLC
  46. THQ Nordic and Koch Media trade IPs: Franchise swaps put Red Faction and Risen series closer to their original developers; Painkiller, Sacred, and more change hands
  47. Google’s Stadia controller will finally work wirelessly with computers starting this week: But it still won’t work wirelessly with a phone
  48. Cloud Gaming: Why It Matters And The Games It Will Create
  49. The impact of one streamer on a game after release
  50. Assassin’s Creed Valhalla won’t be launching on Steam
  51. New Guild Wars 2 content won’t have voice acting at launch due to COVID-19
  52. Indivisible publisher 505 Games says release tool mishap caused surprise launch
  53. Video Game Chic
  54. PewDiePie Signs Exclusive Livestreaming Deal With YouTube
  55. PewDiePie signs exclusivity deal with YouTube: Video platform secures live streaming rights for its most-subscribed content creator, with 104 million followers
  56. NBA 2K League to air live on ESPN2: Sports network gives esports league matches three Tuesday primetime slots this month
  57. ESPN to air live NBA 2K League games: On ESPN2, ESPN.com, and the ESPN app, depending on when you’re watching
  58. Tulip mania? The business of esports and its time in the sun
  59. Twitch is launching a dedicated esports channel
  60. Esports Conglomerate ReKTGlobal Pacts With Management Company TalentX On Gamer-Focused Firm
  61. RektGlobal launches talent agency for esports athletes and influencers: TalentX Gaming is a joint venture with TalentX Entertainment
  62. Fortnite World Cup and Dota 2 International cancelled
  63. There won’t be a Fortnite World Cup in 2020: All competitions will be online this year
  64. Epic Games Axes Second Annual ‘Fortnite World Cup’ Due To Coronavirus
  65. Fortnite Streamer Ewok Pens Sponsorship Deal with HyperX
  66. Fortnite’s newest mode cuts combat to create a purely social space
  67. Valve indefinitely delays Dota 2’s The International 2020: Valve’s annual Dota 2 championship is the latest event impacted by COVID-19
  68. Valve Drops Support for SteamVR on MacOS
  69. Valve drops SteamVR support for MacOS
  70. Valve ends support for SteamVR on macOS
  71. Analysis: ‘Half-Life: Alyx’ Adds Nearly 1 Million VR Users to Steam in Record Gain
  72. Half-Life: Alyx triggers surge in new VR users on Steam: But number of Steam players with virtual reality headsets is still less than 2%
  73. The Half-Life effect on PC-VR is the biggest Steam has ever seen
  74. Report: Facebook is working on an updated version of its Oculus Quest VR headset
  75. Magic Leap warns of “critical” battery safety issue
  76. Cedar Lane Technologies Inc. v. Corel, Inc.
  77. Sega launches new Sega Music brand
  78. The latest Unreal Engine update adds initial support for next-gen consoles
  79. Epic updates Unreal Engine to support next-gen development: Version 4.25 allows developers to build and ship games for PS5, Xbox Series X
  80. Microsoft will build Xbox Series X buzz with monthly ‘Xbox 20/20’ showcase
  81. Guilded raises $7m to build gaming chat platform
  82. Guilded raises $7 million to expand its community-focused game chat platform
  83. My.Games launches $10m hypercasual publishing programme
  84. My.Games launches $10 million publishing program for hyper-casual developers 
  85. Finnish studio Dazzle Rocks nets $6.8 million to build social sandbox MMO
  86. Dazzle Rocks raises $6.8m for new social sandbox game: Galaxy Interactive leads Series A funding for Helsinki studio
  87. EA reports net revenue of $5.5 billion for fiscal 2020
  88. EA reaped $5.5 billion in revenue last year, most of which came from digital dealings
  89. Zynga reports $104M loss for Q1 despite record-setting revenues
  90. Zynga posts its best-ever Q1 by way of $404 million in revenue
  91. Zynga continues to post soaring revenues and deepening losses: For the fifth straight quarter, publisher says the bottom line has been hurt by success of 2018 acquisitions
  92. How big is too big for a popular game? | Opinion
  93. Review: Sagrada, a top dice-drafting board game, goes digital
  94. Unity has acquired visual scripting solution Bolt
  95. War Stories: How Prince of Persia slew the Apple II’s memory limitations
  96. Prince of Persia concept video appears—and confirms why series has been dormant
  97. Have a look at this pitch footage for a canned Prince of Persia game
  98. Don’t Miss: Creating a natural movement system for Dying Light
  99. Don’t Miss: A level designer breaks down The Last of Us 2’s trailer level
  100. Don’t Miss: A classic postmortem of BioWare’s Star Wars: Knights of the Old Republic
  101. Don’t Miss: Balancing storytelling and player choice in Prey
  102. Don’t Miss: Examining the pay-to-flay monetization of Mortal Kombat X
  103. Don’t Miss: Games, psychology, and UX with Celia Hodent – GDC Podcast ep. 8
  104. Blog: Should players buy their own UI?
  105. Blog: Developing games for the Sinclair Spectrum Plus
  106. Blog: Tips for marketing your queer narrative indie game
  107. Blog: Anatomy of a failed Kickstarter – Part 3
  108. Blog: Five lessons learned growing a game dev start-up
  109. Blog: How to crack the match 3 code – Part 1
  110. Video: How NetEase applied reinforcement learning to build game AI
  111. Tales From The Quarantine: ‘Queer Eye’ Guy Now Offering Support And Advice On Your Video Game Home Furnishings
  112. Summer Game Fest 2020 Steps in to Fill E3 Void for Video-Game Biz
  113. GDC’s summer event will be digital only: The conference returns, sort of, in August
  114. Global Game Jam founders Susan Gold and Gorm Lai leave after 12 years
  115. U.S. Patent no. 10,313,679: Systems and methods for encoder-guided adaptive-quality rendering

Jon

Read More | No Comments

News of the Week; April 29, 2020

COMMUNICATIONS

  1. Ajit Pai uses bad data to claim ISPs are deploying broadband to everyone
  2. As Pandemic Exposes US Broadband Failures, FCC Report Declares Everything Is Fine
  3. TV ‘Cord Cutters’ Will Be The Majority By 2022
  4. Pandemic Builds Momentum for Broadband Infrastructure Upgrade: Coronavirus crisis shows need for widespread high-speed internet in U.S. homes
  5. Corona in 5G: A lesson to be learnt from the current crisis is that Europe needs to avoid being dependent in sensitive areas of production
  6. Media Roles in the Online News Domain: Authorities and Emergent Audience Brokers
  7. NY AG Opens Inquiry After Charter Spectrum Bungles Its Coronavirus Response
  8. FCC Issues Guidance on TV License Renewals and Announces New Ownership Question on Radio Renewals
  9. FCC Clarifies Certain Political Record-Keeping Requirements
  10. The FCC ratified Wi-Fi 6E this morning
  11. Space X Starlink Beta Starts In 6 Months, Bringing A Glimmer Of Hope To Crappy US Broadband Market
  12. AT&T CEO retiring as telco plans for three years of cost cuts and layoffs
  13. AT&T Preps For Even More Cuts After $42 Billion+ In Trump Tax Cuts And Regulatory Favors
  14. Comcast waives data cap until at least June 30 in response to pandemic
  15. Fancy That: Comcast’s Network Holding Up Fine Without Usage Caps

DIGITAL

  1. How Facebook Works for Trump: Donald Trump won the presidency by using the social network’s advertising machinery in exactly the way the company wanted. He’s poised to do it again.
  2. Facebook Still Can’t Dismiss Sex Trafficking Victims’ Lawsuit in Texas State Court (Eric Goldman)
  3. Public Colleges Are Violating The 1st Amendment In Using Facebook Filters
  4. New York AG’s office questions Amazon over “inadequate” COVID-19 safety
  5. Senator pushes DOJ to launch criminal antitrust probe of Amazon: The other eleventy zillion probes are all civil matters.
  6. Amazon’s white-collar workers are starting to stand up for their blue-collar colleagues
  7. Why Am I Paying $60 for That Bag of Rice on Amazon.com?
  8. Amazon reportedly used merchant data, despite telling Congress it doesn’t
  9. Many supposedly grassroots reopen sites are tied to one pro-gun lobbyist
  10. Craigslist Denied Section 230 Immunity for Classified Ads from 2008–ML v. Craigslist (Eric Goldman)
  11. Section 230 Protects Hyperlinks in #MeToo “Whisper Network”–Comyack v. Giannella (Eric Goldman)
  12. Lime’s User Agreement Sends Another Case to Arbitration–Babcock v. Neutron (Eric Goldman)
  13. WhatsApp’s new limit cuts virality of ‘highly forwarded’ messages by 70%
  14. Snapchat’s Latest Ad Product Lets Marketers Purchase The ‘First Commercial’ Viewers See
  15. TikTok Is Sharing Proprietary Ad Performance Metrics And Targeting Data With Its New Partner, Sprinklr
  16. TikTok Will Let Parents Pair With Their Kids’ Accounts, Removes Direct Messaging For Those 16 And Under
  17. This Record Label Is Changing The Titles Of Songs That Go Viral On TikTok
  18. TikTok spikes persuade more labels to change track titles
  19. TikTok Ad Agency ‘The Network Effect’ Drives Billions Of Views By Partnering With Passionate Creators
  20. Charli D’Amelio Continues TikTok Reign As First Creator To Cross 50 Million Followers
  21. A3 Artists Signs Popular Pomeranian Jiffpom, With 20 Million TikTok Followers
  22. TikTok Hosting Weeklong Virtual Prom For Quarantined Teens With Patrick Starrr, Diplo, More
  23. TikTok Tests Ecommerce Waters With Branded ‘Small Gestures’ Program
  24. TikTok Added 12 Million Unique U.S. Visitors In March, As Watch-Time Surges In Quarantine
  25. Quibi Says It’ll Let Users Cast To TVs Next Month, Reveals Top 5 Most-Watched Originals To Date
  26. Wanted: New Tools To Tame the Wild West of the Internet
  27. Nvidia promises no layoffs, accelerating raises to help staff during pandemic: Technology firm says it will put “tens of millions of dollars in the hands of our families in the coming months.”
  28. Spotify launches curated podcast playlists in a bid to make the platform a podcast tastemaker: Localized playlists for six countries
  29. Netflix adds a ‘screen lock’ feature to prevent accidental pauses: Save yourself frustration by locking your screen
  30. Netflix Gained A Record-Setting 15.77 Million New Subscribers Last Quarter
  31. Disney and the unequal reality of coronavirus America
  32. Disney+ is giving us a peek behind the curtain of Mandalorian’s first season
  33. Disney Says If You Tweet #MayThe4th At It, You’re Agreeing To A Disney Terms Of Use (You’re Not)
  34. Tech giants set to lose billions in ad revenue in virus shutdown
  35. Facebook’s Non-advertising Revenue ‘primarily driven by Oculus,’ up 80% to $297M
  36. Facebook Comes For Zoom With New Videoconferencing Feature ‘Messenger Rooms’
  37. Google Meet, Google’s Zoom competitor, is now free for everyone
  38. Covid-19 has caused a major spike in anti-Chinese and anti-Semitic hate speech: Exclusive data shows that the pandemic has led to an extraordinary increase in hate speech, racism and incitements of violence online. 
  39. Game Of (Internet) Life: How Social Media Reacts To Questionable News
  40. Public Interest Groups Ask Social Media Platforms To Preserve Data Regarding COVID-19 Content Moderation For Future Study
  41. HHS’ New Spokesman So Good At Communications Strategy That He Thinks He Can Delete Tweets From The Internet
  42. Casey Neistat Joined Celebs In A Twitch-Streamed Poker Tournament That Raised $1.75 Million For Feeding America
  43. Insights: Grading Video Streaming Services Six Weeks Into The Pandemic
  44. First Oxford vaccine woman alive after FAKE death reports
  45. The Very Real Threat of Trump’s Deepfake: The president’s first use of a manipulated video of his opponent is a test of the boundaries.
  46. For the Love of God, Not Everything Is a Deepfake: Donald Trump retweeted a gif of Joe Biden with his tongue out. No, it’s not a deepfake—or the end of democracy.
  47. Jay-Z Claims Copyright On Audio Deepfake Of Him Reciting Hamlet
  48. Facebook’s name-and-shame coronavirus groups are hellish: Thousands of people have joined ‘name and shame’ groups on Facebook. But these digital vigilantes can wreak havoc on innocent people’s lives
  49. Messenger Rooms are Facebook’s answer to Zoom and Houseparty for the pandemic
  50. Snap Stock Surges On User, Revenue Growth; Calls Out ‘Nikita Unfilitered’ For 20 Million Views
  51. Looking for Likes: Social Media Post Results in Unintended License to Share Photograph
  52. Bing disables “trending” feature after wildly inappropriate results
  53. Price Gouging Takedowns – The Online Platforms Have a Say
  54. Vox Furloughs Roughly 100 Staffers As Pandemic Continues To Hit Digital Media Business
  55. Show but don’t tell: why silent Zooms are golden for focusing the mind
  56. Will It Still be “In” When It Gets Here? Online Fashion Retailer Agrees to Largest Ever Settlement for Slow Deliveries
  57. Rainn Wilson’s SoulPancake Launches Instagram Series To Help Viewers Cope Through Coronavirus Crisis
  58. Instagram’s New Charity Tool Lets Creators Raise Funds While Livestreaming
  59. Sheriff Sued After Threatening To Arrest A High School Student Over Her Coronavirus-Related Instagram Posts
  60. How covid-19 could bring about new social contracts around data: The crisis could lead to a lasting shift in how we think about data. If we get this right we’ll see radically more data sharing where there is a public interest
  61. Crypto Company ‘Ripple’ Files Suit Against YouTube For Failing To Quell Giveaway Scams
  62. MrBeast’s ‘Creator Games’ Is YouTube’s Most-Watched Live Original Ever, With 662K Concurrent Viewers
  63. At 15, coronavirus is forcing YouTube to grow up faster
  64. YouTube Combats COVID-19 Conspiracies With Fact-Checking Panels In Search Results
  65. YouTube CEO Susan Wojcicki Chats Site’s Evolving Policies, Viewership Trends Amid Coronavirus Crisis
  66. YouTube Changes Partner Lineup For Its Three-Year-Old ‘Measurement Program’
  67. YouTube Spaces Unveil Virtual Resources For Creators In Light Of Social Distancing
  68. Top 50 Most Viewed YouTube Channels Worldwide • Week Of 4/20/2020
  69. Top 50 Most Viewed YouTube Channels Worldwide • Week Of 4/27/2020
  70. Bon Appétit’s ‘Test Kitchen’ Crew To Host YouTube Variety Show Benefiting Coronavirus Relief
  71. YouTube Announces Slate Of COVID-19 Specials Starring MrBeast, Lele Pons, Luisito Comunica, More
  72. 200,000 Live Viewers Tune Into Premiere Of James Charles’ YouTube Competition
  73. YouTube Generated $4.04 Billion In Q1 Ad Revenue, But Brands Are Buying Less Inventory
  74. RuPaul’s DragCon Shifts Exclusively To YouTube In Wake Of Coronavirus Cancellation
  75. HBO Max Sets May 27 Launch, $14.99-Per-Month Price Tag
  76. Despite Sign-Up And Income Surge For Creators, Patreon Lays Off 13% Of Workforce
  77. Let there be light: the new must-have for celebrities in lockdown
  78. As We’re All Living, Working, And Socializing Via The Internet… MIT Tech Review Says It Proves Silicon Valley Innovation Is A Myth
  79. Walmart To Sell Video Rental And Streaming Service Vudu To NBCUniversal-Owned Fandango
  80. Warner Bros.’ Digital Studio Stage 13 Asks Fans To Share Love For Local Asian Eateries Amid Pandemic
  81. Insights: Old-School Stars Forced Online Will Help Change Hollywood Long After Pandemic
  82. Decade-Old Digital Talent Firm Gleam Futures Launches ‘Entertainment’ Unit For Traditional Celebs
  83. Cannes Lions Replaces Cancelled Festival With ‘Lions Live,’ A Monthlong Educational Event For Creatives
  84. ‘It’s like a sexy story just for me’ – how lockdown has triggered a wave of sexting: From celebrities posting photographs to sharing erotic challenges with each other, getting risqué online has become a welcome distraction
  85. Getting the next phase of remote learning right in higher education
  86. A Cryptocurrency Technology Finds New Use Tackling Coronavirus: Blockchain could be an efficient way to source medical equipment or validate Covid-19 immunity, experts say
  87. Balloons to Deliver Emergency Internet Across Kenya
  88. 2H 2019 and Q1 2020 Quick Links, Part 4 (Section 230) (Eric Goldman)
  89. Canadian Internet law update – 2019 (Bradley Freedman)
  90. Domain Name Disputes: ICANN Public Comment Period – Open through May 4, 2020
  91. Data Waste (Elettra Bietti & Roxana Vatanparast)

A.I.

  1. Politics of Adversarial Machine Learning: Adversarial machine-learning attacks and defenses have political dimensions
  2. Politics of Adversarial Machine Learning (Kendra Albert, Jonathon Penney, Bruce Schneier, Ram Shankar Siva Kumar)
  3. USPTO: AI Cannot Be Named as Inventor on Patent
  4. Covid-19: the rise of a global collective intelligence?
  5. Israel is using AI to flag high-risk covid-19 patients
  6. Doctors are using AI to triage covid-19 patients. The tools may be here to stay: Faced with staff shortages and patient loads, a growing number of hospitals are turning to automated tools to help them manage the pandemic.
  7. Hospitals are using AI to predict the decline of Covid-19 patients — before knowing it works
  8. Latin America Hopes Big Data Can Beat the Virus. But There Are Risks.
  9. AI can’t solve this: The coronavirus could be highlighting just how overhyped the industry is
  10. The Scramble for Delivery Robots Is On and Startups Can Barely Keep Up: Adoption of robots and drones carrying goods speeds up as a frightened world craves safe delivery of everything from medical supplies to food.
  11. LAPD’s Failed Predictive Policing Program The Latest COVID-19 Victim
  12. Companies bet on AI cameras to track social distancing, limit liability
  13. The pandemic is bringing us closer to our robot takeout future
  14. Blog: The story of AI-powered interactive drama Facade
  15. Blog: Using machine learning to create AI opponents
  16. Video: Better animation through machine learning
  17. Does the US Tax Code Favor Automation? (Daron Acemoglu, Andrea Manera, Pascual Restrepo)
  18. Bodies, Brains, and Machines: An Exploration of the Relationship between the Material and Affective States of Librarians and Information Systems (Stacy Allison-Cassin)

INTELLECTUAL PROPERTY

  1. Federal Court of Appeal Deals Access Copyright Huge Blow As It Overturns York University Copyright Decision (Michael Geist)
  2. The LawBytes Podcast, Episode 48: Sam Trosow and Lisa Macklem on Copyright and Fair Dealing During a Pandemic (Michael Geist)
  3. Access Copyright v. York – The Next Chapter
  4. Federal Court of Appeal Finds That Tariffs Certified by the Copyright Board Are Not Mandatory, and Fair Dealing Guidelines Are Not a Shield
  5. Canadian Publishing Group Says France Has The Right Idea, Presses For Its Own Google Tax
  6. Digital books and ownership rights in the information age
  7. Too Late Blues for Guitar Maker’s Copyright Ownership Claims
  8. Photographer Prods Actress Ellen Barkin With Copyright Infringement Suit
  9. From Tiger King To Censorship King: Copyright Lobbyist Cheers On SLAPP Copyright Suit Featured In Tiger King
  10. UNESCO Suggests COVID-19 Is A Reason To Create… Eternal Copyright
  11. Fash-Shunned: Selena Gomez Sues Fashion App for $10 Million for Allegedly Using Her Name and Likeness Without Permission
  12. Supreme Court Says Georgia’s ‘Official Code’ Is Public Domain — Including Annotations
  13. Supreme Court rules Georgia can’t put the law behind a paywall
  14. Supreme Court holds that Georgia cannot copyright the annotations to its laws
  15. SCOTUS Rules No Copyright in Official Annotated State Code
  16. Supreme Court says state laws aren’t copyrightable
  17. Mr Worldwide’s Great American ‘Scream’ – Protection granted for Pitbull’s famous yell
  18. Don’t POKE a trademark unless you have sufficient evidence to invalidate it
  19. Is it a bird? Is it a plane? No, it’s an infringement of a reputable mark!
  20. Battle of the ‘McGregors’ – UFC Champion loses legal battle in the EUIPO ring
  21. Hugo Boss versus Hugo Boss: Lessons from Lycett’s Antics
  22. Cyprus corrects halloumi trade mark mishap
  23. Supreme Court Decides Romag Fasteners, Inc. v. Fossil Group, Inc.
  24. US Supreme Court Rejects Willfulness Requirement for Profit Awards in Trademark Infringement Cases
  25. Supreme Court Confirms Profits Remedy in Trademark Cases is Not Conditioned on Proof of Willfulness
  26. High Court Rules That ‘Willful’ Trademark Infringement No Longer Required for Award of Profits
  27. Supreme Court Holds Disgorgement of Profits Available Absent Willfulness, for 1125(a) Infringement
  28. U.S. Supreme Court Holds That Plaintiffs Need Not Prove “Willful” Conduct to Recover Profits in Trademark Infringement Suits
  29. Supreme Court: Willfulness Unnecessary for Disgorgement of Infringer’s Profits Award in Trademark Cases
  30. U.S. Supreme Court Rules Trademark Infringer’s Profits at Risk in All Cases
  31. Comic-Con Canceled — But Comic-Con Trademark Survives
  32. Open COVID Pledge and Free Licensing Opportunities: Issues to Consider Before Accepting
  33. Conversant v Apple: old tech, new tricks
  34. Lawyers question need for Patent Act amendments as companies share IP during COVID crisis
  35. Canadian Federal Court’s Notice of Experimental Testing is Inapplicable to Testing Conducted Prior to Litigation
  36. Federal Circuit Feels the Beating of a Heart: CardioNet v. InfoBionic
  37. Federal Circuit Revives Cardiac Monitoring Patent, Not Directed to an Abstract Idea
  38. Federal Circuit: A Patent That Performs Computation Is Not Abstract, Is Patentable
  39. Claims Directed to Improved Cardiac Monitoring Technology Are Patent Eligible Under 35 U.S.C. § 101
  40. US Patent Office: Supreme Court Made Us Reject More Patents, But We’ve Now Fixed That And Are Back To Approving Bad Patents
  41. Library of Congress Launches Open-Source Hip-Hop Sampling Tool: Producers will have access to the library’s vast audio collection, which dates back more than a hundred years
  42. Melody makers

PRIVACY

  1. RCMP to boost social media mining for threats ranging from disease to shootings: The software would allow an RCMP officer to quickly mine data about a person’s internet activities
  2. Federal Court Says Baltimore PD’s High-Powered Aerial Surveillance Program Doesn’t Violate The Constitution
  3. China is installing surveillance cameras outside people’s front doors … and sometimes inside their homes
  4. Reluctant To Block Embarrassing Coronavirus Material Held On GitHub, China Targets The People Who Put It There
  5. Health vs. Privacy: How Other Countries Use Surveillance To Fight The Pandemic
  6. Covid-19: the controversial role of big tech in digital surveillance: Big tech can trace the movement of not only viruses, but also people, whether in an emergency or not
  7. From Aadhaar to Aarogya Setu: How surveillance technology is devaluing India’s democratic rights
  8. Privacy in a pandemic: Coronavirus is the first trial of the EU’s unofficial religion
  9. Europe’s Privacy Law Hasn’t Shown Its Teeth, Frustrating Advocates: Nearly two years in, there has been little enforcement of the General Data Protection Regulation, once seen as ushering in a new era.
  10. European Commission Wants Coronavirus Tracing Apps To Build In Strong Protections For Privacy — Unlike The French Government
  11. Israel’s High Court Blocks Country’s Hastily-Erected Domestic Coronavirus Surveillance Program
  12. How human-centered tech can beat COVID-19 through contact tracing
  13. Coronavirus: Australians download COVIDSafe contact tracing app
  14. Germany flips to Apple-Google approach on smartphone contact tracing
  15. Apple and Google pledge to shut down coronavirus tracker when pandemic ends
  16. Google to Require All Advertisers to be Verified
  17. Infrared Cameras Could Be the New CCTV: Employers rush to thermal imaging to catch sick workers
  18. Covid-19: the controversial role of big tech in digital surveillance: Big tech can trace the movement of not only viruses, but also people, whether in an emergency or not
  19. CEO of Surveillance Firm Banjo Once Helped KKK Leader Shoot Up a Synagogue: Documents reveal Damien Patton, CEO of SoftBank-backed Banjo, admitted to being a Neo-Nazi skinhead in his youth
  20. The CEO of Banjo, a SoftBank-backed neighborhood-watch app, has a hidden neo-Nazi past and once helped a gunman in a drive-by synagogue shooting
  21. We’ve made new rules to protect our families. We must protect kids’ privacy too.
  22. A Cryptocurrency Technology Finds New Use Tackling Coronavirus
  23. Piracy Sees ‘Unprecedented’ Pandemic Bounce, But So Does All Media Consumption

CREATIVITY   

  1. Entertainment Industry: Competition, Foreign Investment and Regulatory Issues in Canada
  2. Sean Hannity Hires Charles Harder To Threaten The NY Times And Its Reporters, Because Of Course He Does
  3. “But It’s a Photo of Me!”-Celebrities Face Legal Action for Unauthorized Use of Images on Social Media
  4. Chinese state censorship of COVID-19 research represents a looming crisis for academic publishers
  5. Art for a Time of Uncertainty
  6. Filmmaking and Covid 19: Ethics, Craft and Safety
  7. Creation in Confinement: Art in the Age of Mass Incarceration
  8. Chinese state censorship of COVID-19 research represents a looming crisis for academic publishers

GAMES

  1. Coronavirus-themed game pulled from Steam in China: Coronavirus Attack developed in protest against Chinese government
  2. Fortnite’s Travis Scott concert attracts more than 12 million concurrent players
  3. Travis Scott’s In-Game ‘Fortnite’ Concert Nabs 12.3 Million Concurrents, Shattering All-Time Record
  4. Fortnite’s Travis Scott event reached 27.7m unique players: Updated figures show Epic’s playerbase took part in live concert 45.8 million times across the five events
  5. Fortnite’s virtual Travis Scott gig attracted a record 12.3 million concurrent players
  6. Fortnite’s “Party Royale” mode ditches the guns, asks players to “chill”
  7. Epic relents, puts Fortnite on Google Play: Company says it took 18 months to realize Google puts apps from outside its own Android storefront at a disadvantage
  8. Epic’s crusade against 30% takes a tumble | Opinion: Fortnite finally comes to the Google Play store, marking a significant setback for Epic Games’ quest to reduce the industry standard revenue share
  9. Sensor Tower revises European mobile game spending projections: COVID-19 impacts lead to expectations of slightly lower games revenues by 2022 across App Store, Google Play
  10. In F2P, chasing ‘whales’ is a mistake says Nexon CEO
  11. Google Play has been spreading advanced Android malware for years
  12. The Last of Us Part 2 leaked online: Major spoilers begin appearing online after gameplay and cutscenes leaked
  13. The Last of Us Part 2 gets a new release date: Naughty Dog’s sequel now planned for June 19; Ghost of Tsushima to follow in July
  14. Team Fortress 2, Counter-Strike Global Offensive source code leaked: Valve – “We have not found any reason for players to be alarmed or avoid the current builds”
  15. Indivisible launches on Nintendo Switch without developer’s knowledge
  16. 160K Nintendo accounts hacked due to Nintendo Network ID security breach
  17. Nintendo closing ‘limited’ Wii U and 3DS eShops in the Caribbean and Latin America
  18. Nintendo closing 3DS and Wii U eShops in Latin America and the Caribbean
  19. Trials of Mana demo taken down after crackers use it to enable piracy
  20. Lack of representation in games is “partly an issue of values, partly an issue of bravery”: Jesse Schell discusses the development of superhero dating sim Mission: It’s Complicated
  21. Gaming should take cues from NASCAR’s response to Kyle Larson | Opinion: This week, NASCAR proved it’s possible to drop celebrities who make racist remarks — it’s about time gaming did the same
  22. DayZ developer Bohemia Interactive shutters Bratislava studio 
  23. How Bohemia’s “almost accidental” mod support became a staple of the studio: Karel Mořický talks about the benefits and challenges of the Arma and DayZ studio’s community development efforts
  24. Bohemia Interactive shuts down DayZ studio: Bohemia says decision was a mutual one between company and studio leadership
  25. Games getting us through COVID-19—blocks, roguelites, whatever Death Stranding is
  26. As Xbox hardware sales fall, stay-at-home orders help drive up content & services revenue
  27. Xbox’s Phil Spencer discusses “not exploiting” a global pandemic: Microsoft gaming boss assures business tactics have not changed as “big flood” of people come to Xbox for the first time
  28. Microsoft’s gaming revenues flat in Q3 2020
  29. Riot “looking into long-term solutions” to fight toxicity in Valorant
  30. Riot turns on ability to turn off kernel-level anti-cheat tool
  31. Riot Games offering up to $100,000 for Valorant exploits and security concerns: League of Legends publisher increases rewards in its Bug Bounty program, which has paid out $2 million to date
  32. Riot Games to set up shop in Singapore with new studio addition
  33. Riot Games to open new studio in Singapore: Company’s second Asia branch will also be headed up by Nathan Beemer
  34. Final Fantasy VII Remake ships 3.5m in three days: Square Enix says digital sales for PS4 exclusive launched earlier this month have been “exceptional”
  35. UK Charts: Physical game sales plunge 43%: Final Fantasy VII Remake tumbles to No.4
  36. EGDF survey shows fear of closure among European studios: Around 17% anticipate closure within three months due to the impact of COVID-19, says the EGDF’s Jari-Pekka Kaleva
  37. Epic Games Store now requires two-factor authentication to claim free games
  38. Transcend Fund is investing $50m in early stage game businesses: First announced investment was in Nifty Games’s upcoming licensed NFL mobile title
  39. Google abandons Stadia Base branding as it launches free tier: Free trials of Stadia Pro can essentially transition into free use of the service, now just called Stadia
  40. Game creation platform Crayta coming to Google Stadia this summer
  41. EA Partners With Google to Bring Games to Stadia Streaming Service
  42. PUBG comes to Google Stadia
  43. Stadia Connect brings PUBG to the cloud, details new ‘First on Stadia’ timed exclusives
  44. Stadia’s latest woe: Its PUBG port is overrun with official, crappy bots
  45. One million people have tried Google Stadia, mobile app estimates suggest
  46. Two months free offer pushes Stadia past 1m installs: Start of April saw biggest week of sign-ups to Google’s streaming service since launch
  47. Apple Arcade and App Store launching in 20 new countries: Brings the number of nations that can download iOS games to 175, with 500 million people using it every week
  48. Gaming Videos Keep Leveling Up Views Through March Into April
  49. UK games spending dipped to £5.35bn in 2019 ahead of next-gen consoles: Declines reported in both software and hardware revenues, but spending on games culture products is up almost 30%
  50. German games market grows to €6.2bn: Spending on in-game purchases helps drive growth despite the approach of next-generation consoles
  51. Blizzard co-founder Morhaime speculates on waning popularity of MMOs
  52. How Blizzard, Ubisoft, and other studios went remote in the time of COVID-19
  53. My.Games’ revenue and engagement spikes amid COVID-19 lockdown: Publisher fast-tracks digital storefront features to help players keep in touch during isolation
  54. GameStop starts re-opening stores closed by COVID-19: Retailer has begun the process of re-opening locations in Italy, Germany, Austria, and the states of South Carolina and Georgia
  55. Launching Streets of Rage 4 in the middle of a pandemic: Dotemu CEO Cyrille Imbert says production wasn’t hurt by COVID-19, but the long-term and psychological effects are still unknown
  56. Helsinki studio Reworks raises €4m: Funding round led by EQT Ventures, developer launches first title Redecor
  57. Stillfront Group acquires casual game maker Candywriter for $74.4 million
  58. Stillfront Group acquires Candywriter for at least $74m: Miami-based mobile developer of BitLife picked up amid growing series of acquisitions
  59. Scopely acquires Scrabble GO dev PierPlay
  60. 1939 Games secures $1.9m in latest funding round: Developer’s Second World War-themed digital card game Kards now boasts over 100,000 weekly active user
  61. Wolfenstein: The Board Game raises $480,000 on Kickstarter – Tabletop adaption of iconic board game franchise surpasses crowdfunding goal by over 1,000%
  62. Animal Crossing: New Horizons returns to No.1 in the UK – Switch boxed game sales surge as stock arrives on virtual shelves
  63. Animal Crossing New Horizons sold an estimated 5m digital units in March: Superdata – That’s a new record for the most digital units sold in a single month
  64. Around 160,000 Nintendo accounts comprised in data beach: Nintendo confirms breach following investigation into reports of unaurthourised third-parties accessing user accounts
  65. 160,000 Nintendo accounts were compromised—including one of ours
  66. Switch shortage reportedly driven by reseller bots: Free open-source tools are buying Nintendo’s console as soon as it is restocked
  67. Nintendo aims to boost Switch production: Company reportedly tells part suppliers to prepare for a 10% jump in output this year
  68. Activist investor ValueAct believes Nintendo can rival Netflix, Disney+: San Francisco company has built up $1.1 billion stake in the platform holder over the last year
  69. What’s fueling gaming content creator deals?: Peter Letz assesses the platform exclusivity trend and the surge in non-endemic brand interest in gaming personalities
  70. Bohemia Interactive shuts down DayZ studio
  71. Death Stranding PC delayed to July: Impact of working from home pushes Kojima Productions’ next release back by more than a month
  72. WWE 2K21 officially cancelled: WWE say there will be no game this year, publisher 2K Games teases more news on series’ future next week
  73. 2K names new WWE games boss ahead of series refresh: WWE 2K Battlegrounds to fill the void as simulation series takes a break
  74. Revenue up 43% at Team17 in 2019
  75. March US game sales jump 35% says NPD: Animal Crossing a stand-out success in a month of pandemic lockdowns and new releases
  76. Epic Games’ Live Meetup App Houseparty Has Gained 50 Million Users In 1 Month
  77. Tencent takes over China’s streaming market with $262m Huya stake: Company now dominates streaming space thanks to similar stake in Douyu, plus its own eGame platform
  78. Twitch Streamers Creating 89% More Sponcon, Getting 23% More Engagement Than They Did Pre-Pandemic (Report)
  79. New Facebook Gaming app to focus on streaming: Launch of the app brought forward as gaming surges during the global COVID-19 lockdown
  80. UK games industry launches ‘Games for Carers’ initiative to thank NHS workers
  81. Over 85,000 games made available for free to NHS workersz: Dozens of game companies partner with UKIE and Keymailer to support front line staff
  82. Side Quest aims to get 100,000 young people to build their first game at home: New UK industry initiative offers free software, masterclasses, and community to new, learning developers
  83. Facebook launches a dedicated gaming app to take on Twitch and YouTube
  84. Facebook Debuts Dedicated—And Ad-Free—Gaming App Months Before Planned Release
  85. Facebook Is Cool With Disguised Toast Revisiting Twitch—So Long As He’s Not Streaming Gaming Content
  86. Focus Home Interactive catalog pushes sales up 13%: World War Z publisher brought in €142.8 million as digital accounted for 82% of all sales, up from 66% the previous year
  87. Valve’s advice for making your game thrive after launch: Discovery on Steam is vital for indie developers — Valve’s Sophie Mackey offers six ways to improve your game’s visibility
  88. Valve’s top tips for launching a game on Steam: The GamesIndustry.biz Academy delves into localisation, wishlists, game tags, and other tools to ensure the best possible launch on Steam
  89. Gearbox is working on a Brothers in Arms TV series
  90. Morhaime says WoW accessibility push hurt social experience
  91. Call of Duty: Warzone off to strong start in China’s March streaming rankings
  92. PUBG Global Series cancelled, digital competition to replace it: PUBG Continental Series to offer total prize pool of $2.4m
  93. Call of Duty: Mobile esports tournament gets $1m prize pool – Competing teams will be drawn directly from the game’s community through four open qualifiers, starting April 30
  94. NHL Jumps On The Esports Bandwagon With Players Tournament, NHL Channel Broadcast
  95. Opera Event raises $5 million to help esports influencers join forces with advertisers
  96. FaZe Clan Raises $40 Million In Series A From Slew Of Top Rappers, Athletes, Music Execs
  97. FaZe Clan Forges Merch Deal With NFL In Honor Of League’s First Virtual Draft
  98. FaZe Clan Establishes ‘FaZe Studios’ To Create, Acquire Premium Projects For Film And TV
  99. Nintendo closing ‘limited’ Wii U and 3DS eShops in the Caribbean and Latin America
  100. Jagex sold for $530m: Fukong Interactive also sells RuneScape developer’s parent company to Macarthur Fortune Holding
  101. Scopely acquires Scrabble Go studio PierPlay: Strong early performance of Scrabble Go led to acquisition of the Los Angeles-based mobile developer
  102. Magic Leap lays off people “at every level”: AR company says pandemic prompted need to manage costs, shift focus away from consumer products to enterprise market
  103. Valve Ends SteamVR Support For macOS
  104. SuperData trims $1.4B off 2020 XR revenue projections as COVID-19 impacts supply
  105. Superdata downgrades XR projections for 2020 through 2023: COVID-19 manufacturing slowdown brings anticipated 2020 revenue down to $6.3 billion
  106. Disruptor Beam rebrands as Beamable: Star Trek Timelines studio drops games development to focus on back-end tech for free-to-play games
  107. Inkle turns to crowdsourcing for upcoming game Pendragon: Award-winning indie studio opens up for short stories submissions
  108. Finnish studio Reworks nets $4.3 million to grow home design game Redecor
  109. AuthorDigital nets $5.5 million to open new studio Adept Games
  110. Hello Neighbor test pilot racks up 11m views in a week: “The ‘indie publishing’ business is dead. It’s a game of brands now,” says developer
  111. Rovio slashes user acquisition spend to improve profits in Q1: Cost savings lead to 50% profit increase despite declining revenues
  112. The German game market grew by 6 percent in 2019 thanks to in-game spending
  113. Can virtual nature be a good substitute for the great outdoors? The science says yes.
  114. Music theory meets game theory in 400+ episodes of a great game-music podcast
  115. With Schools Shut Down, Educators Turn To Video Games To Help Educate Students
  116. What impact is COVID-19 having on video game deals? | Opinion: Wiggin LLP’s Ciaran Hickey and Gerard Lee discuss the prospects for investments and acquisitions during a pandemic
  117. Demand for Chinese, Italian localizations dipped last year: Translation firm LocalizeDirect says Thai, Polish, Turkish, and Vietnamese translations becoming more popular
  118. The uncertain, unflinching future of games media: Upon his departure from Kotaku to Bloomberg News, Jason Schreier talks about his experiences as a reporter, and games journalism’s present and upcoming challenges
  119. Dealing with delays, contracts and confidentiality during lockdown: Harbottle & Lewis’ Kostya Lobov offers advice on how to adapt to the pandemic without causing legal problems
  120. Techland’s shelved Hellraid project lives on as DLC in Dying Light
  121. Ziggurat Interactive acquires catalog of 3DO titles from Prism Entertainment
  122. How Manticore’s new Core platform aims to bring fresh blood into game dev
  123. How deeply personal RPG The Wagadu Chronicles explores new realms of Afrofantasy
  124. Don’t Miss: How Trinket found the right recipe while designing Battle Chef Brigade
  125. Don’t Miss: Games that cleverly incorporate texting and web browsing
  126. Don’t Miss: Behind the audio of Total War: Three Kingdoms
  127. Don’t Miss: How Bloodborne’s design makes players the experience points
  128. Don’t Miss: An in-depth look at the physics of trains in Assassin’s Creed Syndicate
  129. Blog: Black Mesa project lead Adam Engels on building the ambitious Half-Life mod
  130. Blog: Tales from Discoverabilityland – A story of three graphs
  131. Blog: Examining floating point combat systems
  132. Blog: Recording statistics – An exercise in minimalism
  133. Humble’s Conquer COVID-19 bundle raises $6.5 million for pandemic relief
  134. Bethesda donates $1 million to COVID-19 relief efforts
  135. Bethesda donates $1m to COVID-19 relief charities: Direct Relief, UNICEF, charities local to company’s studios to receive donations

Jon

Read More | No Comments

The Right to be Paid for Data

Hi Everyone,

I hope your paper writing is going well. I recently submitted my paper on privacy in the data economy, and whether there should be a right for individuals to be paid for providing data.

In my paper, I argue that there is substantial unfairness in the current bargain between Big Data companies and people. Big Data corporations are some of the most profitable companies in the world, and a significant part of their profitability can be attributed to the use and collection of data provided by people. While these corporations could likely argue that providing data is the cost of admission for the right to use popular services for free, it is arguably not a consensual bargain. The SCC, in Douez v Facebook, has recognized that individuals enter into this bargain from a position of grossly uneven bargaining power, and have no choice but to take-it-or-leave it.

Further, current data policy in Canada (such as PIPEDA) and around the world does little to protect an individual’s right to choose to provide data, nor does it adequately protect against data security breaches. I argue that establishing a right to be paid for data could ameliorate the current inequity in the data economy by forcing corporations to put their money where their mouth is, among other reasons.

My paper then explores the ways in which such a right could be established, such as through breaches of the various provincial Privacy Acts, or various common law actions. However, my paper concludes that the most effective way to establish this right is through legislative reform, although this comes with significant hurdles, such as corporate and stakeholder backlash.

My paper concludes that establishing a right to be paid for data would acknowledge the fact that personal information fuels a growing number of algorithms and AI technologies that will impact lives for the foreseeable future, and that data breaches are becoming more devastating and costly as the years go on. I also argue that the right to privacy is a fundamental right, and it should be recognized as such in Canada. In summary, it appears to be an appropriate time to recognize an individual right to be paid for their data.

If you are interested in reading more on this relatively radical idea, here are a few links to interesting articles and papers:

“Should we treat data as labor? Moving beyond free”: https://www.aeaweb.org/articles?id=10.1257/pandp.20181003

“A deluge of data is giving rise to a new economy”: https://www.economist.com/special-report/2020/02/20/a-deluge-of-data-is-giving-rise-to-a-new-economy

“Should tech companies pay us for our data?” (podcast): https://www.cbc.ca/radio/frontburner/should-tech-companies-pay-us-for-our-data-1.5031815

Read More | No Comments

  • Previous
  • 1
  • …
  • 20
  • 21
  • 22
  • …
  • 63
  • Next

Communications Law


RSS

Login with your CWL





Creative Commons License

Peter A. Allard School of Law
Vancouver Campus
Allard Hall
1822 East Mall
Vancouver, BC Canada V6T 1Z1
Back to top
The University of British Columbia
  • Emergency Procedures |
  • Terms of Use |
  • Copyright |
  • Accessibility