"Virtual Legality" is a continuing series discussing the law, rules, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law) of Northville, Michigan.
Rick has practiced for more than a decade at some of the country's largest law firms, representing IT, software, video game, and other technology companies, as well as the individuals and institutions which fund them.
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Any and all feedback is appreciated. Let us know what you think!
In this episode, Richard Hoeg delves into the complexities of Non-Compete Agreements, the Federal Trade Commission Act, and its implications. He examines the FTC's rulemaking on non-competes, the benefits and potential impacts of such agreements, and the origins of the FTC Act. He also discusses the non-delegation doctrine's potential impacts on FTC's authority. The episode wraps up with a Q&A session.(0:00) Introduction and Overview of Non-Compete Agreements(8:18) Understanding the Federal Trade Commission Act and Its Implications(14:07) The Proposed Non-Compete Rule and its Implications (23:01) Purpose and Impact of the FTC's Rulemaking on Non-Competes(33:35) Benefits and Potential Impact of Non-Compete Agreements(38:14) Origins and Intent of the FTC Act and Section 5(44:26) Discussing the National Petroleum Refinance Association vs the FTC Case(51:03) The Non-Delegation Doctrine and Its Potential Impact on FTC's Authority(1:00:15) Handling Noncompete Provisions Amidst the FTC's Rule(1:03:02) Transition to Q&A and Acknowledgement of Viewer Support
In this episode, Richard Hoeg and guests reflect on his stroke recovery, discuss his advocacy for early detection, and celebrate his award recognition. They delve into the Karen Read trial and the Bungie lawsuit, shedding light on the gaming industry's culture. They also share personal experiences with mental health, discuss the making of the Lawyers and Dragons show, and talk about future collaborations.(0:00) Introduction and Welcome(1:29) Technical difficulties and guest takeover(4:04) Richard Hoeg's award recognition and community support(8:16) Reflection on Richard's stroke recovery and advocacy for early detection(22:06) Discussion on the making of the Lawyers and Dragons show and audience interactions(48:03) In-depth discussion on the ongoing Karen Reed trial(1:01:13) Celebration of Richard Hoeg's recovery and personal experiences with mental health(1:42:59) Discussion on the Bungie lawsuit and the culture of death threats in the gaming industry(2:05:02) Richard's personal journey, coping with mistakes, and mental health discussions(2:33:12) Future collaborations, Canadian winters, and community support(2:46:22) Podcast wrap-up, future content discussion, and gratitude for community support
In this episode, Richard Hoeg and guest Mrs. HoegLaw delve into the intricacies of jury duty, exploring the selection process, case dynamics, and decision-making. They discuss the personal implications of jury duty, courtroom challenges, and reflect on lessons learned.(0:00) Introduction and guest introduction(1:14) Mrs. Hoeg's jury duty experience and selection process(10:59) Personal implications of jury duty and courtroom dynamics(20:20) Case details, evidence, and understanding jury instructions(44:57) Jury's initial reactions, the decision-making process, and Mrs. Hoeg's role as foreperson(51:16) Impact of court's daily routine, prosecutor's behavior, and courtroom challenges(54:11) Reflections on the jury duty experience and lessons learned(57:17) Mention of Patreon and other means to support the podcast(57:46) Disclaimer on the nature of the podcast's content
In this episode, Richard Hoeg delves into the impact of Apple's restrictive platform strategies on consumers and developers. He provides an in-depth analysis of the Sherman Act and its implications, discusses the legality of Apple's walled garden model, and evaluates the Department of Justice's claims against Apple's conduct.DOCUMENTS DISCUSSED IN THIS EPISODE
EARLY ARTICLES/DOJ PRESS RELEASEhttps://www.msn.com/en-us/money/other/apple-sued-by-biden-administration-in-landmark-case-over-iphone-monopoly/ar-BB1kijdHhttps://www.bloomberg.com/news/articles/2024-03-21/apple-google-set-to-be-hit-by-first-probes-under-eu-digital-lawhttps://www.msn.com/en-us/money/other/read-the-lawsuit-united-states-v-apple/ar-BB1kikAzhttps://www.justice.gov/opa/speech/attorney-general-merrick-b-garland-delivers-remarks-lawsuit-against-apple-monopolizing
HOUSE ANTITRUST FINDINGShttps://www.govinfo.gov/content/pkg/CPRT-117HPRT47832/pdf/CPRT-117HPRT47832.pdf
ENFORCEMENT STANDARDShttps://www.justice.gov/archives/atr/competition-and-monopoly-single-firm-conduct-under-section-2-sherman-act-chapter-1https://www.justice.gov/opa/pr/justice-department-withdraws-report-antitrust-monopoly-law
THE LAWSUIThttps://storage.courtlistener.com/recap/gov.uscourts.njd.544402/gov.uscourts.njd.544402.1.0_3.pdf
APPLE RESPONSEhttps://www.theverge.com/2024/3/21/24107784/apples-response-to-the-dojs-iphone-antitrust-lawsuit
(0:00) Introduction - A New Approach(12:49) Analysis of the impact on consumers and developers(30:25) Deep dive into the Sherman Act and its implications(46:01) The Lawsuit(1:05:02) Examination of Apple's restrictive platform strategies(1:18:40) Impact of Apple's business model on other industries(1:34:27) Legality of Apple's walled garden model(1:50:30) Evaluation of smartphone platforms and their features(2:01:07) Impact of Apple's restrictions on super apps(2:37:40) The Department of Justice's claims against Apple's conduct
In this episode, Richard Hoeg delves into the internet drama around video games and gamergate, with a focus on the controversy surrounding Steam Curator "Sweet Baby Inc." He explores the company's role within the gaming industry, its storytelling methods, and potential legal action against them. Richard also discusses Sweet Baby Inc's involvement in Alan Wake 2 and encourages listener engagement.STEAMhttps://steamcommunity.com/groups/sweetbabyinc-detected/curationhttps://help.steampowered.com/en/faqs/view/6862-8119-C23E-EA7Bhttps://store.steampowered.com/online_conduct?snr=100601___https://store.steampowered.com/subscriber_agreement
DISCORDhttps://discord.com/terms/
SBIhttps://sweetbabyinc.com/
HARASSMENT LAWhttps://apps.leg.wa.gov/RCW/default.aspx?cite=9a.46.020https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=527.6.
KOTAKUhttps://kotaku.com/sweet-baby-inc-consulting-games-alan-wake-2-dei-1851312428
AFTERMATHhttps://aftermath.site/sweet-baby-detected-conspiracy-theory-steam
GUARDIANhttps://www.theguardian.com/games/2024/mar/08/gamergate-trolls-woke-game-consultants
OTHER ARTICLEShttps://www.pcgamer.com/gaming-industry/a-company-called-sweet-baby-inc-has-become-the-target-of-anti-woke-gamers-because-it-offers-consultancy-work-an-industry-standard-service-thats-been-normal-for-years/https://www.eurogamer.net/spider-man-alan-wake-ridiculous-fishing-devs-speak-up-in-support-of-consultancy-studio-sweet-baby-inchttps://www.gamedeveloper.com/business/why-are-valve-and-discord-permitting-harassment-against-sweet-baby-inc-https://www.theshortcut.com/p/sweet-baby-inc-detected-what-actually-happened
TWITTERhttps://twitter.com/alyssa_merchttps://twitter.com/marykanpie/status/1765390220940185854https://twitter.com/HoegLaw/status/1765741352912859647https://twitter.com/RBryant2012/status/1767271072087285783https://twitter.com/EveilCharm/status/1767306112615763982/photo/1https://twitter.com/kabrutusrambo/status/1764688393571569759?s=20https://twitter.com/Lyde15/status/1767330020324991309
TAKE THIShttps://www.takethis.org/2024/03/responding-to-gamergate2/
(0:00) Introduction and discussion on internet drama, video games, and gamergate(1:31) Steam Curator "Sweet Baby Inc. Detected"(6:02) Introduction to the topic of virtual legality(14:00) Controversy and allegations of Harassment(20:19) Sweet Baby Inc.'s role within the gaming industry(42:05) Sweet Baby Inc's storytelling methods(1:03:38) The role of consultancy work(1:14:08) The Sweet Baby Inc controversy(1:30:00) Encouragement for viewers to engage in discussions on these topics(1:39:58) Discussing potential legal action against Sweet Baby Inc.(2:00:27) Discussing the role of Sweet Baby Inc in Alan Wake 2(2:06:46) Closing remarks and thanking listeners for their support
In this episode, Richard Hoeg delves into Nintendo's lawsuit against Yuzu, discussing the intricacies of copyright laws, fair use, and game archival in the US. He examines the DMCA, the lawsuit against Tropic Haze LLC, and misconceptions about selling and fair use in copyright law. The episode also explores Yuzu's decryption process, game piracy, and its impact on Nintendo customers, along with potential outcomes of the case and the concept of equitable relief.LAWSUIThttps://www.theverge.com/2024/2/27/24085075/nintendo-switch-emulator-yuzu-lawsuit
LAWhttps://www.law.cornell.edu/uscode/text/17/106https://www.law.cornell.edu/uscode/text/17/107https://www.law.cornell.edu/uscode/text/17/117https://www.law.cornell.edu/uscode/text/17/1201https://www.copyright.gov/title37/201/37cfr201-40.html
PRECEDENThttps://www.copyright.gov/fair-use/summaries/sony-connectix-9thcir2000.pdfhttps://casetext.com/case/sony-computer-entertainment-america-v-bleemhttps://cdn.loc.gov/copyright/1201/2015/registers-recommendation.pdf
YUZUhttps://yuzu-emu.org/help/quickstart/https://www.patreon.com/yuzuteam
COMMENTARY/QUESTIONShttps://arstechnica.com/gaming/2024/02/how-strong-is-nintendos-legal-case-against-switch-emulator-yuzu/https://twitter.com/moduletux/status/1762857731986256096
(0:00) Introduction: Nintendo's lawsuit against Yuzu(7:08) Copyright laws, fair use, and archival for games in the United States(14:18) The DMCA and fair use(21:20) Lawsuit against Tropic Haze LLC(39:46) Sponsor: Karen Paulson(40:17) Discussion on the bleem case, misconceptions about selling, and fair use in copyright law(48:28) Return to the lawsuit discussion: Nintendo's reputation, copyright control, and market entry decisions(1:02:48) The decryption process of Yuzu and how Yuzu emulates the Nintendo Switch(1:09:32) Game piracy and impact of piracy on Nintendo customers(1:34:20) Predicting the potential outcomes of the case, potential damages, and the concept of equitable relief(1:49:27) Thanks to the audience and transition to QA
In this episode, Richard Hoeg explores the Microsoft and Activision Blizzard layoffs and the role of investors. He touches on the departure of leadership personnel, the role of unions, and outsourcing customer support. Richard also delves into the state of the gaming industry, addresses listener queries, and dives into the future of game development.DISCUSSED IN THIS EPISODE
HEADLINEhttps://www.ign.com/articles/microsoft-lays-off-1900-staff-from-its-video-game-workforcehttps://twitter.com/IdleSloth84_/status/1750837893881336292
TWEETShttps://twitter.com/JezCorden/status/1750590022842278391https://twitter.com/TheLyns/status/1750740015095873559https://twitter.com/Andy_VGC/status/1750548893425676435
ECONOMIC ANALYSIShttps://www.matthewball.vc/all/gaming2024
(0:00) Introduction and background(1:16) Microsoft and Activision Blizzard merger and layoffs(9:21) Role of investors and stockholders in a corporation(16:05) Departure of leadership personnel(19:19) Role of unions(24:19) Outsourcing of customer support and future of Xbox in retail(26:05) Cancellation of Blizzard's unnamed game and related layoffs(29:03) State of the gaming industry, layoffs, and the impact of generative AI(37:14) Listener queries on gaming industry trends and transition of Activision Blizzard(49:10) Future of game development, types of redundancies, and potential layoffs(57:21) The future of gaming, console preferences, and potential acquisitions(59:08) Closing remarks and disclaimers
In this episode, Richard Hoeg delves into the ethical and legal implications of Palworld's design, including a detailed analysis of its copyright controversy. He explores international copyright laws, the concept of true copies, and potential infringements. He also discusses the likelihood of Nintendo taking legal action.(0:00) Introduction(1:22) Discussion on the ethical and legal implications of Palworld's design(7:56) Response from former Pokemon company legal team member and analysis of specific design similarities(15:01) In-depth discussion on Palworld's copyright controversy(24:32) Deep dive into the foundations of international copyright laws(33:20) Examination of the concept of true copies, substantial similarity, and fair use in copyright law(41:29) Potential for legal action against Palworld and the likelihood of Nintendo taking action(49:35) Exploration of the art and gameplay of Palworld and Pokemon and their potential copyright infringement issues(57:12) Richard Hoeg's predictions on the future evolution of Palworld's game design and the influence of its success on future Pokemon games(1:07:09) Discussion on the political implications of Pal World's gameplay and comparison to other games(1:15:55) Continuation on the Nintendo and Palworld legal issues and a look at the design elements and intellectual property(1:31:03) Wrap-up, thanks to listeners, and end of episode
In this episode, Richard Hoeg discusses The New York Times' lawsuit against Microsoft and OpenAI, delving into copyright laws related to AI. He explores the transition of The New York Times to a digital model and legal complexities involved. Richard analyzes the challenges posed by AI models and transformative technologies, as well as the legal claims in the lawsuit. He also considers the impact on educational use of copyrighted materials and the need for fair use revision. The episode concludes with a discussion on AI-produced content ownership and its potential impacts.(0:00) Introduction and Overview: The New York Times Suing Microsoft and OpenAI(9:44) Deep Dive into Copyright Laws and AI(23:00) The Shift of The New York Times to a Digital Model(32:45) Roles of Different Companies and Legal Complexities(49:42) Challenges Posed by Generative AI Models and Transformative Technologies(1:02:23) Detailed Analysis of Legal Claims(1:14:14) Impact on Educational Uses of Copyrighted Materials and the Need for Fair Use Revision(1:29:20) OpenAI's Response to The New York Times Lawsuit and Fair Use Argument(1:33:43) Discussion on Ownership of AI-produced Content and Its Impact on Various Fields(1:44:23) Closing Remarks, Viewer Comments, and Future Plans
In this episode, Richard Hoeg and Mrs. Hoeg Law discuss stroke prevention and post-stroke anxiety. They reflect on the future, explore the perspective of co-counsel, and discuss realigning life priorities after a stroke.(0:00) Introduction(0:52) Stroke Prevention Discussion and Advice(2:29) Continuity(4:43) Post-Stroke Anxiety and Self-Doubt(6:10) Reflection on Future(7:06) Co-counsel's Perspective(10:05) Realigning Life Priorities(12:00) We Start Again
In this episode, Richard Hoeg discusses the leadership changes following Activision's acquisition, the end of Activision Blizzard's hybrid work model for QA staff, and their settlement of a California discrimination lawsuit. He also explores Microsoft's role in the settlement and speculates about a potential new CEO at Activision.(0:00) Introduction(2:03) Leadership changes post Activision's acquisition(9:39) End of hybrid work model for QA staff at Activision Blizzard(13:20) Activision Blizzard settles California discrimination lawsuit(26:02) Discussion on the settlement of harassment claims at Activision(30:11) The role of Microsoft in the settlement and its potential impact on future changes at Activision(33:12) Question: Potential for a new CEO at Activision(38:20) Closing remarks and reflections on the past year
In this episode, Richard Hoeg is joined by Tom Hoeg and Ian Runkle for a discussion on gaming highlights, Richard's recovery from a stroke, and their favorite games. They dive into "War Tales" and "Aces and Adventures," explore game concepts, and discuss Ian's experience with "Immortality." They wrap up with a VR gaming discussion and their top 10 games list.(0:00) Introduction and Welcoming Tom Hoeg(5:07) Honorable Mentions in Gaming(12:09) Richard Hoeg's Stroke Experience and Recovery(27:16) Introduction of Guest Ian Runkle and Discussion on Game Preferences(35:25) Game Opinions and Reviews: From Star Wars Jedi Survivor to Final Fantasy 16(1:00:33) Deep Dive into "War Tales" and "Aces and Adventures"(1:08:35) Discussion on Game Concepts and Design(1:14:32) Ian's Experience with "Immortality" and Audio Cues in Games(1:20:21) Asgard's Wrath 2 and VR Gaming Discussion(1:26:19) Transition to the Top 10 Games List
In this episode, Richard Hoeg and Tom Hoeg discuss various video games including 'Against the Storm', 'Dead Island 2', 'Phantom Brigade', and more. They offer a defense for 'Cyberpunk 2077', delve into 'Baldur's Gate 3' and 'Starfield', and share their top games of the year.(0:00) Introduction; Return post-Runkle(6:30) 'Against the Storm' and 'Dead Island 2'(14:33) 'Phantom Brigade', 'Sea of Stars', and 'Diablo 4'(33:21) A Defense of 'Cyberpunk 2077'(39:50) 'Dave the Diver'(43:10) Discussion on 'Baldur's Gate 3' and 'Starfield'(55:06) 'The Legend of Zelda: Tears of the Kingdom'(1:06:35) Discussion on 'Remnant 2', 'Final Fantasy 16', and 'Armored Core 6'(1:25:23) Richard Hoeg's Top Game and Tom Hoeg's Top Game(1:38:04) Conclusion, Thanks to Tom Hoeg and Appreciation for the Year in Gaming
In this episode, Richard Hoeg delves into the Epic Games vs. Google legal battle. He provides insights on Google's control over third parties, analyzes the jury's verdict, and explains the Sherman Act and Epic's antitrust claims. The episode also covers topics like monopolization, Google's efforts to block other app stores, their 30% fee, and the impact of antitrust laws on console platforms and semi-open systems. The future of the Apple vs Epic case and Epic's role are also discussed.(0:00) Introduction and overview: Epic Games vs. Google(6:46) Insights on Google's control over third parties and the impact on the case(14:21) Detailed analysis of the jury's verdict on Google's violations(23:04) Explanation of the Sherman Act and Epic's antitrust claims(33:25) Discussion on monopolization(43:15) Google's efforts to block other app stores(51:02) Google's 30% fee(1:03:47) Impact of antitrust laws on console platforms and semi-open systems(1:10:39) Future prospects of the Apple vs Epic case(1:15:20) Discussion on the role of Epic(1:19:03) Conclusion and Legal disclaimer
In this episode, Richard Hoeg delves into Sony's potential takeover of Bungie - exploring terms like "earnouts" and "dissolve", and the concept of a hostile takeover. He analyzes Bungie's performance, cost cutting measures, and the impact on morale. He also discusses the Game Awards, legal implications of layoffs, regulatory bodies in tech deals, and moral considerations.(0:00) Introduction and overview(1:15) Sony's potential takeover of Bungie: background and details(7:01) Understanding business deal terms: "earnouts"(13:14) Concept of a hostile takeover and its implications on Bungie(14:53) Analysis of Bungie's performance and the impact of cost cutting measures(20:25) The role of uncertainty in company morale and its effects(27:06) Discussion on the Game Awards(31:34) Legal and economic implications of corporate layoffs(39:19) Regulatory bodies in tech deals(45:22) Episode wrap-up
In this episode, Richard Hoeg and guest speaker, Ian Runkle, delve into the legal aspects of digital ownership, focusing on PlayStation, Sony, and Warner Brothers Discovery. They discuss Sony's legal repercussions, copyright laws, intellectual property rights, and piracy. The conversation extends to the meaning of 'purchase' in digital media, the first sales doctrine, and its impact on digital content ownership. They also look at the shift to subscription models, the limitations of NFTs, and the need for a legal upgrade for digital goods. The episode concludes with a discussion on service agreements and viewer questions.(0:00) Introduction and Briefing on the episode's focus: PlayStation, Sony, Warner Brothers Discovery, and Digital Ownership(6:03) Audience reactions and Legal repercussions for Sony regarding the Sony-Discovery issue(11:26) Deep dive into copyright laws, intellectual property rights, and Sony's distribution rights(17:09) Discussion on piracy and PlayStation Network's terms of service(24:13) Examination of PlayStation Network's terms of service and the meaning of 'purchase' in digital media(31:26) Understanding the first sales doctrine and its application to digital media(47:29) The first sale doctrine and its implications on digital content ownership(54:18) The shift from ownership to subscription models and the potential dangers of digital ownership(1:03:34) The limitations of NFTs in solving digital ownership issues and the debate on piracy(1:14:00) The need for a legal upgrade for digital goods and the power imbalances in copyright rules(1:26:40) Nuances of negotiating service agreements and addressing viewer questions(1:35:36) Closing remarks and disclaimer
In this episode, Richard Hoeg discusses the Michigan vs Ohio State game, explores Giving Tuesday and charity initiatives, and provides an overview of the channel's content. He delves into the legal obligations of publicly traded companies, specifically focusing on Disney's SEC filings, and assesses their future prospects. He also addresses listener comments, discusses brand trust, representation, diversity in media, and intellectual property ownership, and concludes with implications of Disney's "Doctor Who" distribution rights.(0:00) Introduction and episode format(1:26) Discussion on the Michigan vs Ohio State game(2:48) Giving Tuesday and charity initiatives(4:16) Overview of the channel's content and its importance(6:01) Legal obligations of publicly traded companies with a deep dive into Disney's SEC filings(14:21) Analysis of Disney's future prospects and stock trajectory(16:27) Interactions with podcast listeners and responses to their comments(24:18) Assessing Disney's efforts to rebuild brand trust and recognition(36:23) Appreciation for the support from listeners and discussion on representation and diversity in media(47:19) The portrayal of corporations in media and the need for diversity in intellectual property ownership(54:13) Implications of Disney's distribution rights to "Doctor Who" and closing remarks
In this episode, Richard Hoeg discusses the Big Ten Conference's sportsmanship policy, with special focus on Jim Harbaugh's potential innocence in the wild stallions affair. He examines the conference's letter to the University of Michigan, the legality of stealing signs during games, and Michigan's legal accountability. Richard explores the role of the Commissioner in NCAA investigations, the importance of access to underlying material in cases, and analyzes the decision made against the university. He also delves into the breach of contract allegations by the University of Michigan, exploring the concept of good faith and fair dealing in contracts.(0:00) Introduction and Welcome by Richard Hoeg(4:00) Overview of the Big Ten Conference's sportsmanship policy and its application (14:20) Jim Harbaugh's potential innocence in the wild stallions affair and standard disciplinary actions(27:28) Analysis of the Big Ten Conference's letter to the University of Michigan(37:50) Discussion on the legality of stealing signs during games and possible implications on player safety(51:39) Discussion on Michigan's legal battle and accountability(1:00:01) Examination of the role of the Commissioner in NCAA investigations and the enforcement process(1:14:22) Discussion on the access to the underlying material and its importance in the case(1:23:22) Analyzing the justification of the decision against the university (1:43:50) Final thoughts on the interpretation of the sportsmanship policy and NCAA rules(1:57:45) The consequences of the impermissible scheme for the university's football season(2:17:43) Breach of contract allegations by the University of Michigan and the concept of good faith and fair dealing in contracts(2:34:57) Sign off and reminder of the purpose of the Virtual Legality podcast
In this episode, Richard Hoeg dives into the NCAA investigation into Michigan Football, examining allegations against staffer, Connor Stallions, and potential additional rule violations. The discussion extends to the "Wild Stallions Scandal" and NCAA bylaws. The episode also explores NCAA amendments, conduct rules, and ethical implications of exploiting loopholes, concluding with potential punishments for Michigan.(0:00) Introduction and background of the NCAA investigation into Michigan Football(7:00) Examination of the evidence and allegations against Michigan's staffer, Connor Stallions(12:12) Consideration of potential additional NCAA rule violations by Michigan(16:17) Introduction to the "Wild Stallions Scandal" and insight into the NCAA's role(20:27) Examination of NCAA bylaws and potential violations (25:37) Sponsor: Hoeg Law Business Law Firm(26:48) Revisions in the scouting rule and the NCAA amendments(30:24) General rules of conduct for individuals employed by or associated with member institutions(36:13) The ethical implications of exploiting gray area loopholes in NCAA rules(38:23) The potential punishment for the University of Michigan and its head coach(51:50) Concluding thoughts on the episode.
In this episode, Richard Hoeg examines Microsoft's acquisition of Activision, discussing its impact on cloud gaming and the gaming industry. He explores a hypothetical scenario concerning FTC and US Congress legislation, the possible exclusion of Xbox games from streaming services, and the future of Bobby Kotick. Further, he looks at Microsoft's interest in mobile gaming, the role of King, and their strategy amidst the FTC case. He also touches on Ubisoft's potential use of Linux, concluding with audience appreciation and a disclaimer about the podcast's nature.(0:00) Introduction and recap of Microsoft's acquisition of Activision(5:05) Discussion on cloud gaming and market definition(14:21) Hypothetical on FTC and US Congress passing a law affecting Microsoft and Activision(27:56) Possibility of Xbox being excluded from offering its games on streaming services(39:11) The closing of Microsoft's acquisition of Activision and its impact on the gaming industry(44:05) The future of Bobby Kotick, CEO of Activision, post-acquisition(1:04:39) Microsoft's interest in mobile gaming and the role of King(1:13:16) Microsoft's strategy in handling integration amidst the pending FTC case(1:26:46) The potential use of Linux by Ubisoft(1:32:10) Gratitude for the audience's participation and interest in the Microsoft Times Activision topic(1:32:52) Closing remarks and disclaimer on the nature of the Virtual Legality podcast
In this episode, Richard Hoeg discusses the comic book property "Fables" and its video game adaptation, before delving into the Copyright Act and its implications on Fables. He explores copyright and trademark law reforms, third-party involvement, potential lawsuits, and IP ownership in the comic book industry. Listener queries on Fables, business law, and IP law are addressed, followed by a discussion on comic book IP and branding. The episode concludes with listener feedback on the movie industry and copyright misunderstandings.(0:00) Introduction to the episode and discussion on unrelated topics(1:11) Discussion on the comic book property "Fables" and its video game adaptation(3:07) Q&A section and Sponsor acknowledgement(4:04) Deep dive into the Copyright Act and its implications on Fables(12:50) Radical reform of copyright and trademark laws and DC's violation of agreements(17:01) The legal implications of 3rd party involvement and compensation issues in Fables(22:11) A critique of copyright law and potential lawsuit with DC(25:46) Discussion on comic book industry contracts, IP ownership, and the case of Fables(28:48) Listener questions and comments on Fables, business law, and IP law(37:33) Discussion on comic book IP, branding, and companies holding onto their IP(44:08) Listener comments on the movie industry, copyright misunderstandings, and closing remarks
In this episode, Richard Hoeg discusses the Unity game engine's business model and its impact on game developers. He analyzes Unity's new pricing plan, runtime fee, and data model for calculating installs. He also delves into the legal implications of Unity's terms of service changes and the industry's reaction to Unity's new fees. The episode closes with listener comments and legal disclaimers.(0:00) Introduction and discussion on new live format(2:05) Main topic: Unity game engine and its business model(4:23) Sponsor: Scarecrow 121(5:28) Impact of Unity's new pricing plan and game installs fee on game developers(13:02) Shift in Unity's business model and its implications(18:08) Analysis of Unity's runtime fee and data model for calculating install numbers(25:10) Unity's terms of service changes and potential legal implications(37:01) Understanding Unity's legal standing in changing terms of service(40:36) Industry response to Unity's new fees and comparison with Epic Games(49:12) Unity's focus shift from game development to industry and its implications(1:01:10) Listener comments on the loss of trust in Unity(1:02:20) Closing remarks, support invitation, and legal disclaimers.
In this episode, Richard Hoeg delves into the FTC vs MSABK case, with a focus on antitrust laws and relevant cases. He examines the court's burden in merger cases, the FTC's stance, and the relevance of the Brown Shoe case. The conversation continues on FTC's challenges in proving merger legality doubts, their claims of court errors, and the potential harm to consumers post-merger. The episode also covers Microsoft's response, media misinterpretations, and potential settlements with UK's CMA.(0:00) Introduction and Recap of the FTC vs MSABK case(8:03) Deep Dive into Antitrust Law and Relevant Cases(15:16) Examination of the Court's Burden in Merger Cases and FTC's Stance(18:43) Relevance of Brown Shoe Case in Establishing Antitrust Harm and Understanding Tying Contracts(24:46) Continuation on FTC's Uphill Battle in Proving Doubts about Merger's Legality(32:20) FTC's Claim on Court's Errors and Misapplications of Law(37:34) FTC's Arguments on Immediate Harm to Consumers and the Market Post-Merger(40:44) Microsoft's Response to FTC's Claims and Consequences of TRO Expiring(44:03) Media's Misinterpretation of the FTC's Appeal and Microsoft's Discussions with UK's CMA(49:20) Potential Settlement between Microsoft and CMA and Explanation of Nasdaq Indexes(52:19) Acknowledgement of Support and Closing Remarks
In this episode, Richard Hoeg delves into the recent developments in the gaming industry, focusing on the FTC's case against Microsoft's deal with Activision. He examines gaming content access, distribution models, and the legal framework, including Section 7 of the Clayton Act and antitrust laws. The discussion also covers the controversy around Microsoft's acquisition of Activision, the financial implications, and an analysis of Microsoft's post-merger actions. The episode concludes with an interpretation of US antitrust laws, UK's CMA's stance on the merger, and future content plans.(0:00) Introduction and overview of recent developments in the gaming industry(1:12) Sponsor: Melissa Latimer(2:01) Analysis of the FTC's case against Microsoft's deal with Activision(10:10) Examination of access to gaming content and distribution models(16:08) Discussion on the legal framework: Section 7 of the Clayton Act and antitrust laws(22:11) Defining the relevant market in a merger and examination of the FTC's arguments(29:05) Controversy around Microsoft's acquisition of Activision and financial implications(35:23) Analysis of Microsoft's post-merger actions and financial model(45:59) FTC's reference to Microsoft's acquisition of Zenimax and relevance to Activision deal(1:00:19) Interpretation of the US antitrust laws and their application to company mergers(1:04:45) Discussion on UK's CMA's stance on the merger following the US court's decision(1:06:05) Announcement of channel updates and future content plans
In this episode, Richard Hoeg converses with Dr. Boyd Richards about his career in neurosurgery, brain health, impacts of smoking, and the concept of brain plasticity. They delve into the details of Richard's stroke, recovery process, and the importance of clinical research and fundraising in neurosurgery.(0:00) Introduction and Interview with Dr. Boyd Richards(1:47) Dr. Richards' Journey into Neurosurgery(6:21) Discussion on Brain Health and Impacts of Smoking(9:28) Explanation of Richard's Stroke and Medical Process(13:05) Fun and Professionalism in the Medical Field(17:05) Insights into the Daily Routine of a Surgeon and Focus during Surgery(18:08) Interesting Facts about the Brain and Plasticity Concept(20:51) Richard Hoeg's Recovery Process(24:01) Dr. Richards' Role in Neurosurgical Residency Program and Importance of Clinical Research(26:16) Importance of Fundraising for Neurosurgery Programs and Richard's Connection with Dr. Richards(29:33) Personal Updates and Social Media Presence of Dr. Richards(31:35) Closing Remarks and Disclaimer
In this episode, Richard Hoeg discusses his background in maths, the recent reversal decision by the CMA and its implications. He further delves into the disappearance of gamers and how reasonable minds can rebuild the gaming community.(0:00) Introduction (Thanks, Melissa Latimer)(1:08) A Background in Maths(5:23) The CMA Reverses Course(29:45) What Happens Now?(35:31) Gone Gamers(44:09) Reasonable Minds Can Rebuild(45:25) Conclusion
In this episode, Richard Hoeg discusses the unraveling scenario of a case, the CMA's remedy rules, Microsoft's offer for access, and Sony's risky business strategy.(0:00) Introduction (Thanks, Karen Paulson)(1:57) Unraveled?(6:12) The CMA Explains Its Remedy Rules(21:49) Microsoft Offers Access(1:09:56) Sony Goes for Broke
In this episode, Richard Hoeg discusses recent FTC headlines, dissects a judge's order, explores the role of custodians in litigation, and emphasizes the importance of content licenses. He also touches on employee record privacy and concludes with final thoughts.(0:00) Introduction (Thanks, LadyEmily)(2:04) Headlines and the FTC(4:32) The Judge's Order(11:52) Custodians(18:54) Four Years is Enough(20:54) Show Your Work (But Not Your Employee Records)(24:38) Yes, Your Content Licenses are Important(33:30) Conclusion
Microsoft x Activision may well prove the longest playlist on this channel, as the news simply won't stop.
Now, of course, the biggest news possible has happened. The US Federal Trade Commission (FTC) has sued.
But one side does not a lawsuit make.
Let's talk about it...LIVE.
Quite the stocking stuffer Microsoft has delivered...in Virtual Legality.
*** NEW MERCH LINK: https://virtuallegalityshop.myshopify.com/
*** CHAPTERS 00:00 Introduction 08:44 MS Wants to be the "Nice Guy" (NYT) 33:21 MS Responds to the FTC (Good Cop) 2:11:57 Activision Responds to the FTC (Bad Cop) 2:43:38 Final Thoughts and Merry X-Mas
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*** Discussed in this episode:
PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
NEW YORK TIMES https://www.nytimes.com/2022/12/22/technology/microsoft-activision-strategy.html
THE FTC LAWSUIT https://www.ftc.gov/system/files/ftc_gov/pdf/D09412MicrosoftActivisionAdministrativeComplaintPublicVersionFinal.pdf
THE MICROSOFT RESPONSE https://fm.cnbc.com/applications/cnbc.com/resources/editorialfiles/2022/12/22/20221222_9412_Resp_Microsofts_Answer_PUBLIC.pdf
THE ACTIVISION RESPONSE https://fm.cnbc.com/applications/cnbc.com/resources/editorialfiles/2022/12/23/20221222_9412_Resp_Activisions_Answer_PUBLIC.pdf
*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
*** Twitter: @hoeglaw Web: hoeglaw.com
It's that time of year again. Tom Hoeg, long thought lost to the underbelly of the gaming industry, has awoken, and just in time for him to explain to me how the many entries on my Top Ten Games of the Year are either completely or mostly wrong. (And there may even be an Ian Runkle appearance or two.)
THABTO is back and here to celebrate the year that was gaming in 2022!
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*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
*** Twitter: @hoeglaw Web: hoeglaw.com
Microsoft x Activision may well prove the longest playlist on this channel, as the news simply won't stop.
After the US Federal Trade Commission elected to sue to (try to) stop the deal, seemingly all of the "takes" have come out.
Including, now, a new lawsuit from...Playstation players?
Things just keep getting sillier and sillier.
Let's talk about it...LIVE.
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*** CHAPTERS 00:00 Introduction 03:53 Gamers Lawsuit 1:50:27 CMA Public Comments Summary
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*** Discussed in this episode:
PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
INITIAL POST https://twitter.com/postup_bbb/status/1605274379797123091
ARTICLES https://www.reuters.com/legal/video-gamers-sue-microsoft-us-court-stop-activision-takeover-2022-12-20/ https://www.bbc.co.uk/news/business-64047809.amp https://www.axios.com/2022/12/20/gamers-microsoft-activision-lawsuit
OECD/STANDING https://www.oecd.org/about/ https://www.ftc.gov/system/files/attachments/us-submissions-oecd-2010-present-other-international-competition-fora/publicprivate_united_states.pdf https://www.ftc.gov/enforcement/competition-matters/2016/02/antitrust-violation-vs-injury-fact-distinction-makes-difference
THE LAWSUIT https://www.docdroid.net/0hRsWfg/consumers-complaint-against-ms-abk-pdf
*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
*** Twitter: @hoeglaw Web: hoeglaw.com
Microsoft x Activision may well prove the longest playlist on this channel, as the news simply won't stop.
With the FTC lawsuit still fresh in everyone's mind, many have started to explore the various contentions made by the US regulatory body.
Among those is the FTC's claim that Microsoft is untrustworthy because they told the European Union they had no incentive to make Zenimax's games exclusive...immediately before declaring Starfield, Redfall, and Elder Scrolls VI exclusive after the closing was approved.
But though the EU has downplayed the claim (somewhat), the story is a bit more complicated than that. Let's talk about it.
There's going to be a lot of careful reading...in Virtual Legality.
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*** CHAPTERS 00:00 Introduction (Thanks, FalkusVipus)
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*** Discussed in this episode:
PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
TWEETS https://twitter.com/klobrille/status/1601282763789062146 https://twitter.com/HoegLaw/status/1601319718069350400 https://twitter.com/HoegLaw/status/1601319721684828160/photo/1 https://twitter.com/stephentotilo/status/1601331003124916224
ARTICLES https://wccftech.com/microsoft-didnt-lie-on-zenimax-deal-like-the-ftc-said-according-to-eu-sources/?utm_source=dlvr.it&utm_medium=twitter
LEGAL DOCUMENTS https://news.microsoft.com/wp-content/uploads/prod/sites/642/2022/12/Get-the-facts-ZeniMax-.pdf https://ec.europa.eu/competition/mergers/cases1/202124/m10001_438_3.pdf EU
MERGER REVIEW PROCEDURES https://competition-policy.ec.europa.eu/system/files/2021-02/merger_control_procedures_en.pdf https://www.vogel-vogel.com/faq-items/input-foreclosure-eu
*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
*** Twitter: @hoeglaw Web: hoeglaw.com
Microsoft x Activision may well prove the longest playlist on this channel, as the news simply won't stop.
Now, of course, the biggest news possible has happened. The US Federal Trade Commission (FTC) has sued.
But what does the agency's complaint say? What can we learn from it?
Let's talk about it...LIVE.
It begins...in Virtual Legality.
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*** Discussed in this episode:
PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
THE LAWSUIT https://www.ftc.gov/system/files/ftc_gov/pdf/D09412MicrosoftActivisionAdministrativeComplaintPublicVersionFinal.pdf
*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
*** Twitter: @hoeglaw Web: hoeglaw.com
The Federal Trade Commission has voted to block Microsoft x Activision.
There's so much to talk about here.
Let's do it all live.
Ain't no party like a Lawsuit Party...in Virtual Legality.
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*** Discussed in this episode:
PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
TWEETS https://twitter.com/Wario64/status/1600929290106728448 https://twitter.com/tomwarren/status/1600935028644405248 https://twitter.com/SenWarren/status/1600943443408457730
FTC STATEMENT https://www.ftc.gov/news-events/news/press-releases/2022/12/ftc-seeks-block-microsoft-corps-acquisition-activision-blizzard-inc
KOTICK LETTER https://finance.yahoo.com/news/letter-ceo-bobby-kotick-regarding-195100072.html
ARTICLES https://www.theverge.com/2022/12/8/23498224/ftc-microsoft-activision-blizzard-legal-challenge-sues-block
MS FACT SHEET https://news.microsoft.com/wp-content/uploads/prod/sites/642/2022/12/Get-the-facts-ZeniMax.pdf
ARTICLES https://www.washingtonpost.com/technology/2022/12/08/ftc-sues-microsoft-over-activision/ https://nypost.com/2022/12/06/microsoft-boss-to-meet-with-feds-over-activision-sources/
*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
*** Twitter: @hoeglaw Web: hoeglaw.com
Microsoft x Activision may well prove the longest playlist on this channel, as the news simply won't stop.
Now, with late night tweets flying around from Phil Spencer himself, Microsoft seems to have enlisted a new ally: Nintendo.
What does it mean? And why might Steam's rejection of such a deal actually prove the more important?
Let's talk about it.
"It's a me, Captain Price"...in Virtual Legality.
*** NEW MERCH LINK: https://virtuallegalityshop.myshopify.com/
*** CHAPTERS 00:00 Introduction (Thanks, LadyEmily) 01:47 MS Makes Its Announcement 04:35 Nintendo's Special Place 15:21 Phil Spencer Talks to the Washington Post 20:54 The New York Times Has Thoughts 34:13 Steam Opens Up 40:41 Conclusion
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*** Discussed in this episode:
PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
TWEETS https://twitter.com/XboxP3/status/1600342335845724160 https://twitter.com/BradSmi/status/1600346773914259458 https://twitter.com/Emberden/status/1600525393043267587
ARTICLES https://www.washingtonpost.com/video-games/2022/12/06/call-duty-nintendo-microsoft-sony-xbox/ https://www.nytimes.com/2022/12/06/technology/microsoft-call-of-duty-nintendo.html https://www.nytimes.com/2022/11/21/technology/microsoft-activision-deal.html https://www.nintendolife.com/news/2021/09/hideki_kamiya_reminds_fans_bayonetta_3_is_a_nintendo_switch_exclusive https://kotaku.com/microsoft-activision-call-of-duty-nintendo-switch-steam-1849862479
REGULATORY FILINGS https://sei.cade.gov.br/sei/modulos/pesquisa/md_pesq_documento_consulta_externa.php?HJ7F4wnIPj2Y8B7Bj80h1lskjh7ohC8yMfhLoDBLddZWoazymAm3fzadi2ZAXvLcQ_mPnh9TKYr-vfYEwy6keZZOMKZczt9vQOXNv1vNhntbvXC7ELtVe2yf0-z4a85- https://assets.publishing.service.gov.uk/media/637cec9dd3bf7f5a0b33f881/MICROSOFT_S_RESPONSE.pdf https://assets.publishing.service.gov.uk/media/637cec9dd3bf7f5a0b33f881/MICROSOFT_S_RESPONSE.pdf https://assets.publishing.service.gov.uk/media/634536048fa8f5153767e533/MSFT.ABK_phase_1_decision_-_1.09.2022.pdf https://assets.publishing.service.gov.uk/media/637cecede90e076b8043d8cd/Sony_Interactive_Entertainment.pdf
STORE WEBSITES https://store.playstation.com/en-us/pages/browse/1 https://www.nintendo.com/store/games/?p=4&sort=df&f=esrbRating&esrbRating=M
*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
*** Twitter: @hoeglaw Web: hoeglaw.com
Microsoft x Activision may well prove the longest playlist on this channel, as the news simply won't stop.
With rumors flying about the imminence of an FTC lawsuit to prevent the deal (or is that an allowance of the deal...), Microsoft and allies at the Communication Workers of America launch into an all out Public Relations attack seeking to put pressure on the FTC's impending decision.
Will it work?
Let's discuss what's been said.
The girl in the corner should have warned you, it'll turn into a PR blitz...in Virtual Legality.
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*** CHAPTERS 00:00 Introduction (Thanks, Roketsu86!) 01:51 The Story So Far... 05:03 Enter the CWA 27:03 MS Talks to the Wall Street Journal 53:32 Conclusion
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*** Discussed in this episode:
PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
ARTICLES https://www.politico.com/news/2022/11/23/exclusive-feds-likely-to-challenge-microsofts-69-billion-activision-takeover-00070787 https://www.economist.com/leaders/2022/12/01/trustbusters-should-let-microsoft-buy-activision-blizzard https://nypost.com/2022/12/04/rift-at-ftc-stirs-hope-for-microsofts-69b-activision-merger/ https://thehill.com/opinion/technology/3762122-for-once-the-ftc-is-considering-a-merger-that-helps-the-workers/ https://www.nytimes.com/2022/12/05/business/microsoft-activision-game-union.html https://www.wsj.com/articles/microsofts-activision-blizzard-acquisition-is-good-for-gamers-competition-sony-cross-play-ftc-11670260780
MS BLOG POSTS https://blogs.microsoft.com/on-the-issues/2022/06/02/employee-organizing-engagement-labor-economy/ https://blogs.microsoft.com/on-the-issues/2022/02/09/open-app-store-principles-activision-blizzard/
TWEETS https://twitter.com/CWAUnion/status/1599805950244065280 https://twitter.com/CWAUnion/status/1599874815145365504 https://twitter.com/CWAUnion/status/1599883803681755136 https://twitter.com/CWAUnion/status/1600128168584564736
SENATORS LETTER https://www.warren.senate.gov/imo/media/doc/2022.03.31%20Letter%20to%20FTC%20re%20Activision%20Microsoft%20Deal.pdf
CWA LETTER https://cwa-union.org/sites/default/files/20220630_cwa_to_ftc_uppdated_position_msft_atvi.pdf MS
CMA RESPONSE https://assets.publishing.service.gov.uk/media/637cec9dd3bf7f5a0b33f881/MICROSOFT_S_RESPONSE.pdf
*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
*** Twitter: @hoeglaw Web: hoeglaw.com
Microsoft x Activision may well prove the longest playlist on this channel, as the news simply won't stop.
Now, the NY Post has reported a defection at the Federal Trade Commission (FTC), but what does that mean for the deal and the agency?
And can we really trust their reporting?
Slaughter vs Khan sounds like a WWE matchup...in Virtual Legality.
*** NEW MERCH LINK: https://virtuallegalityshop.myshopify.com/
*** CHAPTERS 00:00 Introduction 1:17 Microsoft is Ready to Fight (Bloomberg) 6:01 The FTC's...State of Play 11:23 Back to Bloomberg 17:48 FTC Problems 23:14 Rift at the FTC (NYP) 45:38 CWA and Conclusion
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*** Discussed in this episode:
PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
ARTICLES https://nypost.com/2022/12/04/rift-at-ftc-stirs-hope-for-microsofts-69b-activision-merger/ https://www.bloomberg.com/news/articles/2022-12-02/microsoft-is-ready-to-fight-for-its-69-billion-activision-deal https://www.bloomberg.com/news/articles/2022-07-29/ftc-s-khan-overruled-staff-to-sue-meta-over-virtual-reality-deal https://www.politico.com/news/2022/08/08/ftc-commissioner-noah-phillips-step-down-00050293 https://www.washingtonpost.com/politics/2022/08/10/ftc-vacancy-may-show-how-forcefully-republicans-will-target-tech-giants/ https://thehill.com/opinion/white-house/3671642-the-case-against-the-ftc/
LAW https://www.law.cornell.edu/uscode/text/15/41 https://www.ftc.gov/about-ftc/mission/enforcement-authority https://www.scotusblog.com/2022/11/justices-seem-receptive-to-opening-up-early-challenges-to-agency-proceedings/
FTC https://en.wikipedia.org/wiki/Federal_Trade_Commission
CWA MESSAGE https://twitter.com/CWAUnion/status/1599805950244065280
*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
*** Twitter: @hoeglaw Web: hoeglaw.com
Nintendo has long cultivated a moderately adversarial relationship with fans of its many gaming properties, but many thought things were looking up.
That all changed for the organizers of the Smash World Tour on the day before Thanksgiving.
What is their story? What does it have to do with something called the Panda Cup?
And what (if any) legal recourse might they have?
NINTENDO SMASH...in Virtual Legality.
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*** CHAPTERS 00:00 Introduction 3:04 Smash World Tour Speaks 20:42 Nintendo Allegedly Lays Out Its "Assurances" 42:25 (Some of) the Legal Possibilities 1:00:27 Conclusion
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*** Discussed in this episode:
SMASH WORLD TOUR STATEMENTS https://medium.com/@smashworldtour/smash-world-tour-official-statement-f568a3d135c8
JURY INSTRUCTIONS https://www.justia.com/trials-litigation/docs/caci/2200/2202/ https://www.justia.com/trials-litigation/docs/caci/1900/1907/ https://govt.westlaw.com/wciji/Document/I2cd238e4e10d11dab058a118868d70a9?bhcp=1&transitionType=Default&contextData=%28sc.Default%29
ARTICLES https://kotaku.com/nintendo-smash-world-tour-fgc-shut-down-panda-esports-1849833867 https://venturebeat.com/games/smash-bros-esports-in-chaos-nintendo-quashes-unaffiliated-events/ https://venturebeat.com/games/nintendo-partners-with-panda-global-for-super-smash-bros-melee-and-ultimate-events/
*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
*** Twitter: @hoeglaw Web: hoeglaw.com
Microsoft x Activision may well prove the longest playlist on this channel, as the news simply won't stop.
Now, Reuters comes out with a very insightful exclusive, claiming that Microsoft intends to short circuit the EU merger review process...by promising them most everything the tech company thinks they will want.
But will it work?
This was always going to head to concessions...in Virtual Legality.
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*** CHAPTERS 00:00 Introduction 1:05 A History of Flipping 9:08 Attempting the Biggest Flip Yet 18:27 Conclusion
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*** Discussed in this episode:
PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
ARTICLES https://www.nytimes.com/2022/11/21/technology/microsoft-activision-deal.html https://blogs.microsoft.com/on-the-issues/2022/02/09/open-app-store-principles-activision-blizzard/ https://blogs.microsoft.com/on-the-issues/2022/06/02/employee-organizing-engagement-labor-economy/ https://www.reuters.com/markets/deals/microsoft-likely-offer-eu-concessions-soon-activision-deal-sources-2022-11-28/
LAW https://ec.europa.eu/commission/presscorner/detail/en/ip_22_6578 https://competition-policy.ec.europa.eu/mergers/procedures_en
*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
*** Twitter: @hoeglaw Web: hoeglaw.com
Leaks at the Federal Trade Commission (FTC) suggest that the agency is "likely" to sue over Microsoft's pending acquisition of Activision Blizzard King.
But just how likely is "likely", and what can we tell from the agency's own internal processes and legal requirements?
Legal weakness doesn't always prevent a lawsuit...in Virtual Legality.
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*** Discussed in this episode:
PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
ARTICLES https://www.politico.com/news/2022/11/23/exclusive-feds-likely-to-challenge-microsofts-69-billion-activision-takeover-00070787 https://www.bloomberg.com/news/articles/2022-11-25/microsoft-s-activision-deal-hangs-on-long-shot-ftc-settlement https://finance.yahoo.com/news/microsoft-activision-deal-hangs-long-234514920.html
LAW https://www.law.cornell.edu/uscode/text/15/18 https://www.ftc.gov/advice-guidance/competition-guidance/guide-antitrust-laws/mergers/premerger-notification-merger-review-process https://www.ftc.gov/advice-guidance/competition-guidance/guide-antitrust-laws/enforcers https://www.justice.gov/atr/page/file/1312416/download https://www.ftc.gov/news-events/news/press-releases/2022/09/administrative-law-judge-dismisses-ftcs-challenge-illuminas-proposed-acquisition-cancer-detection
CONCESSION PROCESS https://www.ftc.gov/sites/default/files/documents/cases/2011/03/110330googlebuzzagreeorder.pdf https://www.ftc.gov/system/files/documents/cases/150423nomiorder.pdf https://www.justice.gov/opa/pr/justice-department-requires-ticketmaster-entertainment-inc-make-significant-changes-its
TWEETS https://twitter.com/michaelpachter/status/1595569641601912832
*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
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DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
*** Twitter: @hoeglaw Web: hoeglaw.com
Microsoft and the Competition and Markets Authority (CMA) of the United Kingdom have been trading punches over Activision and everybody's (!) got questions...and answers.
But its only Sony that has gone ALL IN.
Let's go through it together...in Virtual Legality LIVE.
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*** CHAPTERS 00:00 Introduction/Executive Summary 1:00:00 Theory of Harm Number 1 (Console Market) 2:10:59 Theory of Harm Number 2 (Subscriptions) 2:32:37 Theory of Harm Number 3 (Cloud Gaming) 2:41:12 Conclusion (Q+A)
*** Discussed in this episode: https://assets.publishing.service.gov.uk/media/63494c7de90e0731a80088e7/Issues_Statement_-_Microsoft_Activision__final.pdf
https://assets.publishing.service.gov.uk/media/637cecede90e076b8043d8cd/Sony_Interactive_Entertainment.pdf
*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
*** Twitter: @hoeglaw Web: hoeglaw.com
It's been a while since we last talked about the Blitzchung-inspired "Blizzard of Backlash", but we haven't forgotten, and perhaps neither has Blizzard as it separates from Netease, its Chinese distributor of 14 years.
There's definitely a lot to talk about here.
We're all reasonable guys...in Virtual Legality.
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*** CHAPTERS 00:00 Introduction (Thanks, Supporters!) 01:36 Activision Press Release 07:49 Analysis 21:09 Conclusion
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*** Discussed in this episode:
PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy9jfV0TCfXZGAc1KiKP9dSC
ARTICLES https://investor.activision.com/news-releases/news-release-details/blizzard-entertainment-and-netease-suspending-game-services https://www.gamesindustry.biz/blizzard-and-netease-end-14-year-partnership-everything-you-need-to-know https://www.reuters.com/technology/blizzard-suspend-game-services-china-netease-licence-ends-2022-11-17/ https://arstechnica.com/gaming/2016/05/mojang-has-finally-found-a-legal-path-to-publishing-minecraft-in-china/
BLIZZARD SITE https://www.blizzard.com/en-us/company/about
LINKED IN https://www.linkedin.com/feed/update/urn:li:activity:6998870020785139712/
MERGER AGREEMENT https://www.sec.gov/Archives/edgar/data/718877/000110465922005154/tm223212d3_ex2-1.htm
NETEASE https://www.neteasegames.com/
*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
*** Twitter: @hoeglaw Web: hoeglaw.com
Just how long should Microsoft be made to ensure that Activision's Call of Duty game franchise remains available on Sony's PlayStation system? How long could regulators ask for? And did the FTC just show its hand?
We're often hard on them, but the New York Times is doing work today...in Virtual Legality.
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*** CHAPTERS 00:00 Introduction 01:25 The New York Times Dives In 23:22 Ten. Years. 29:47 FTC Litigation? 35:06 Conclusion
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*** Discussed in this episode:
PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
ARTICLES https://www.nytimes.com/2022/11/21/technology/microsoft-activision-deal.html
FTC REVIEW https://www.ftc.gov/advice-guidance/competition-guidance/guide-antitrust-laws/mergers/premerger-notification-merger-review-process
*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
*** Twitter: @hoeglaw Web: hoeglaw.com
Elon Musk's ownership of the Twitter social media platform has been tumultuous to say the least. But there has perhaps been no more tumultuous a period then when the Tesla/Space X head asked for employees to sign on to "hardcore" Twitter 2.0...or be shown the door.
With reports of hundreds leaving, does this spell the end for the Twitterverse? Or are reports of its death greatly exaggerated?
Let's talk about it.
You're not hardcore unless you live hardcore...in Virtual Legality.
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*** CHAPTERS 00:00 Introduction 02:19 An Ultimatum Given 07:52 An Ultimatum Rejected 20:14 Is this the End? 24:37 Freedom of Speech? 29:19 Conclusion
*** Discussed in this episode:
PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_O52bErVCYZfVYMgVgu3nX
TWEETS
https://twitter.com/doug_p51/status/1593412853540610048 https://twitter.com/IGN/status/1593605469343555590 https://twitter.com/netflix/status/1593420772948598784 https://twitter.com/ZoeSchiffer/status/1593391604785504257 https://twitter.com/elonmusk/status/1593453455972057090 https://twitter.com/elonmusk/status/1593670880676020224 https://twitter.com/elonmusk/status/1593673339826212864 ARTICLES https://www.washingtonpost.com/technology/2022/11/16/musk-twitter-email-ultimatum-termination/ https://www.theverge.com/2022/11/17/23465274/hundreds-of-twitter-employees-resign-from-elon-musk-hardcore-deadline https://www.statista.com/statistics/272140/employees-of-twitter/ https://www.bbc.com/news/technology-63675849
*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
*** Twitter: @hoeglaw Web: hoeglaw.com
When the Doom Eternal official soundtrack (OST) was released to near universal ridicule in 2020, id Software manager Marty Stratton took to reddit to explain how it was all the fault of composer Mick Gordon.
2.5 years later Mick Gordon joined the fight with his own tale of unpaid contracts, abuse, and mismanagement, and things are getting messy.
Now Bethesda, parent company to id (and subsidiary of Microsoft) has defending its employees...in perhaps the most hollow way possible.
Sometimes silence truly is golden...in Virtual Legality.
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*** CHAPTERS 00:00 Introduction 01:12 Stratton Statement (short form) 06:31 Gordon Statement (short form) 08:18 Bethesda Statement Analysis 19:05 Conclusion
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*** Discussed in this episode:
BETHESDA STATEMENT
https://twitter.com/bethesda/status/1592971214817222656
REDDIT POST (2020) https://www.reddit.com/r/Doom/comments/gdg25y/doom_eternal_ost_open_letter/
GORDON RESPONSE (2022) https://medium.com/@mickgordon/my-full-statement-regarding-doom-eternal-5f98266b27ce
*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
*** Twitter: @hoeglaw Web: hoeglaw.com
The Internet is full of conspiracy theories. But when European Commission regulator Ricardo Cardoso told the world what the EC was going to do in Microsoft x Activision BEFORE the in-depth investigation had even begun...it's difficult to frame it as simply a theory.
Optics matter...in Virtual Legality.
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*** CHAPTERS 00:00 Introduction (Thanks LadyEmily!) 1:25 The Tweet 4:41 Optics Matter 8:45 Mueller's Report 14:56 Spokesproblem 16:30 Conclusion
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*** Discussed in this episode:
PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
TWEETS/TWITTER PROFILES https://twitter.com/RCardosoEU/status/1590043081495412736 https://twitter.com/RCardosoEU/status/1591513230358224896 https://twitter.com/RCardosoEU https://web.archive.org/web/20190423173136/https://twitter.com/RCardosoEU https://twitter.com/FOSSpatents ARTICLES/BLOGS https://www.forbes.com/sites/paultassi/2022/11/12/eu-regulator-under-fire-for-promising-call-of-duty-will-remain-on-his-playstation/?sh=559f82d42462 https://www.local10.com/news/local/2022/11/03/judges-hugs-after-parkland-school-shooters-sentencing-become-controversial/ https://www.tweaktown.com/news/89481/european-commission-responds-to-perceived-bias-in-microsoft-activision-merger/index.html http://www.fosspatents.com/2022/11/sonygate-dg-comp-faces-worst-case.html
http://www.fosspatents.com/2022/11/eu-commission-staffer-who-tweeted-about.html
*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
*** Twitter: @hoeglaw Web: hoeglaw.com
When the Doom Eternal official soundtrack (OST) was released to near universal ridicule in 2020, id Software manager Marty Stratton took to reddit to explain how it was all the fault of composer Mick Gordon.
Now, some 2.5 years later Mick Gordon has joined the fight with his own tale of unpaid contracts, abuse, and mismanagement, and things are getting messy.
It's time for a musically synchronized shotgun pump...in Virtual Legality.
*** NEW MERCH LINK: https://virtuallegalityshop.myshopify.com/ *
** CHAPTERS 00:00 Introduction (Thanks Roketsu86!) 02:39 The Stratton Letter (2020) 20:28 The Gordon Response (2022) - Overview 46:35 The Importance of Contracts 1:06:07 Reconciliation and Betrayal 1:27:46 Recitation of Facts 1:34:05 Conclusion
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*** Discussed in this episode:
TWEET https://twitter.com/Mick_Gordon/status/1590343092598878210
REDDIT POST (2020) https://www.reddit.com/r/Doom/comments/gdg25y/doom_eternal_ost_open_letter/
ARTICLE
https://www.vg247.com/doom-eternal-soundtrack-bad-mixing
GORDON RESPONSE (2022)
https://medium.com/@mickgordon/my-full-statement-regarding-doom-eternal-5f98266b27ce
*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
*** Twitter: @hoeglaw Web: hoeglaw.com
The European Commission, regulatory arm of the European Union, has finally announced that it will follow the UK's Competition and Markets Authority (CMA) in elevating its evaluation of Microsoft's proposed acquisition of Activision Blizzard to "Phase 2".
But while the reasoning given is similar. It's not identical.
Let's talk about it...LIVE.
So many phases, so little time...in Virtual Legality.
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CHAPTERS 00:00 Introduction 02:31 Examining the EU's Phase 2 Reasoning 22:11 The EU's Quote 24:45 Q&A 31:21 Conclusion Discussed in this episode: *** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
*** Twitter: @hoeglaw Web: hoeglaw.com
Things take time. It's not a fun fact, but it's true. When Microsoft signed to purchase ("Call of Duty" maker) Activision they said they "expected" for the deal to close sometime before June 30, 2023.
But that's a long time. A long time for speculation. A long time for innuendo. As the New York Post and WCCFTech have found.
Let's talk about it.
Today, mere journalism is loosed upon the world...in Virtual Legality.
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*** CHAPTERS 00:00 Introduction (Thanks FalkusVipus!) 2:06 A Game of Telephone 11:56 Insiders and Analysts 31:11 Mergers and Penalties 38:29 Conclusion
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*** Discussed in this episode:
PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
ARTICLES https://wccftech.com/activision-blizzard-merger-with-microsoft-could-fall-apart-according-to-insiders/
https://wccftech.com/activision-blizzard-has-been-acquired-by-microsoft-for-70-billion/
https://nypost.com/2022/11/06/activision-insiders-fret-69b-microsoft-merger-could-crumble/
MICROSOFT DEAL DOCUMENTS
https://news.microsoft.com/2022/01/18/microsoft-to-acquire-activision-blizzard-to-bring-the-joy-and-community-of-gaming-to-everyone-across-every-device/
https://www.sec.gov/ix?doc=%2FArchives%2Fedgar%2Fdata%2F0000718877%2F000110465922005154%2Ftm223212d3_8k.htm
https://www.sec.gov/Archives/edgar/data/718877/000110465922005154/tm223212d3_ex2-1.htm
*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
*** Twitter: @hoeglaw Web: hoeglaw.com
The European Commission, regulatory arm of the European Union, seems to be walking the same path as the UK's Competition and Markets Authority (CMA) in its evaluation of Microsoft's proposed acquisition of Activision Blizzard.
But this isn't news.
Let's talk about why not.
Repetition is the branding iron of knowledge...in Virtual Legality.
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*** CHAPTERS 00:00 Introduction 1:27 EU Looks to Escalate 10:44 PC Gamer Escalates a Bit More 17:44 What Even is Phase II? 26:05 Conclusion
*** Discussed in this episode:
PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
ARTICLES https://www.politico.eu/article/eu-to-launch-advanced-microsoft-activision-probe-after-no-remedies-issued/
https://www.pcgamer.com/eu-is-about-to-launch-an-advanced-probe-into-the-microsoft-activision-deal-sources-say/
https://www.reuters.com/technology/eu-wants-know-if-microsoft-will-block-rivals-after-activision-deal-2022-10-06/
LAW (SUMMARY)
https://uk.practicallaw.thomsonreuters.com/6-578-2386
*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
*** Twitter: @hoeglaw Web: hoeglaw.com
Virtual Reality has long been a dream of many, and in the past few years the technology has begun to be adopted in fits and starts.
And yet, it has not found generalized mass market adoption for a host of reasons, one being its often prohibitive price point.
Sony's PlayStation VR 2 product (PSVR2) most definitely does not seek to change that.
Let's talk about markets, technology, and foolish decisions.
It's all about markets today...in Virtual Legality.
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*** CHAPTERS 00:00 Introduction 0:42 Pricing Problems 10:56 Game Library Problems 18:19 Rationalizations 26:40 Conclusion
*** Discussed in this episode:
TWEETS
https://twitter.com/HoegLaw/status/1587798540952150017
https://twitter.com/HoegLaw/status/1587801807987900416
https://twitter.com/HoegLaw/status/1587801980113657857
PRICE ANNOUNCEMENT
https://blog.playstation.com/2022/11/02/playstation-vr2-launches-in-february-at-549-99/
SOFTWARE SUPPORT ANNOUNCEMENT https://blog.playstation.com/2022/11/02/11-new-ps-vr2-games-announced-the-dark-pictures-switchback-vr-cities-vr-enhanced-edition-crossfire-sierra-squad-and-more/
https://en.wikipedia.org/wiki/Cosmonious_High
https://www.lightbrigadevr.com/
https://www.oculus.com/experiences/quest/2708465082504733/
WEBSITES/ARTICLES
https://www.oculus.com/blog/meta-quest-2-pricing-changes/
https://www.bestbuy.com/site/playstation-5/ps5-consoles/pcmcat1587395025973
https://www.polygon.com/23356951/psvr2-not-backward-compatible-psvr-games
https://www.polygon.com/23350507/playstation-vr2-ps5-hands-on-horizon-resident-evil-village
https://www.cnn.com/2022/10/30/investing/stocks-week-ahead/index.html
https://www.nytimes.com/2022/10/31/business/economy/eurozone-inflation-gdp.html
*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
*** Twitter: @hoeglaw Web: hoeglaw.com
Elon Musk may have owned Twitter for only a handful of days, but that isn't stopping the company (or Musk) from making waves in the news.
Buckle up, it's going to be a bumpy transition...in Virtual Legality.
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Discussed in this episode:
PLAYLIST
https://www.youtube.com/playlist?list=PL1zDCgJzZUy_O52bErVCYZfVYMgVgu3nX
ARTICLES
https://arstechnica.com/tech-policy/2022/10/mischief-and-delay-how-musk-and-twitter-finally-sealed-the-deal/
https://www.nationalreview.com/news/musk-disbands-twitter-board-appoints-himself-sole-director/
https://www.theverge.com/2022/10/30/23431931/twitter-paid-verification-elon-musk-blue-monthly-subscription
https://arstechnica.com/tech-policy/2022/10/musk-jokes-about-his-deleted-tweet-sharing-misinformation-on-pelosi-attack/
https://arstechnica.com/tech-policy/2022/04/eu-to-unveil-landmark-law-to-force-big-tech-to-police-illegal-content/
TWEETS
https://twitter.com/NRO/status/1587135626956230656
https://twitter.com/elonmusk/status/1586902012402221057
https://twitter.com/elonmusk/status/1586871691686223872
SEC FILING
https://d18rn0p25nwr6d.cloudfront.net/CIK-0001418091/84881052-8f1d-4857-bda8-2fdb55ebce68.pdf
WIKIPEDIA (DSA)
https://en.wikipedia.org/wiki/Digital_Services_Act
*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
*** Twitter: @hoeglaw Web: hoeglaw.com
Well it happened. Our long national nightmare is over (or is it just beginning?), as social media platform is under new management - that of Tesla CEO Elon Musk.
What does the future hold for Twitter? A lot of people have A LOT of thoughts. Let's discuss.
When in doubt, a Ghostbusters quote often says it best...in Virtual Legality.
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*** CHAPTERS 00:00 Introduction 01:20 Buyout Complete 02:25 A Word to Advertisers 08:15 Mass Hysteria 10:00 Reversing Policies and Firing Management 14:25 Employee Demands 27:54 The New Robber Baron? 36:53 Conclusion
*** Discussed in this episode:
PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_O52bErVCYZfVYMgVgu3nX
TWEETS https://twitter.com/elonmusk/status/1585841080431321088
https://twitter.com/ThierryBreton/status/1585902196864045056
https://twitter.com/elonmusk/status/1585966869122457600
https://twitter.com/drewharwell/status/1585992178643439618
https://twitter.com/TaylorLorenz/status/1585838262173675520
https://twitter.com/HoegLaw/status/1585817494106906624
ARTICLES https://www.nationalreview.com/news/elon-musk-to-reverse-lifetime-bans-for-twitter-users/
https://www.washingtonpost.com/technology/2022/10/20/musk-twitter-acquisition-staff-cuts/
https://time.com/6224380/elon-musk-twitter-open-letter/
https://www.nytimes.com/2022/10/27/opinion/elon-musk-twitter-purchase-robber-baron.html
MUSK MESSAGE TO ADVERTISERS https://twitter.com/elonmusk/status/1585619322239561728
*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
*** Twitter: @hoeglaw Web: hoeglaw.com
Phil Spencer has been open in his desires to grow Microsoft's Xbox division and it's Game Pass subscription product, even with folks like the UK's Competition and Markets Authority (CMA) seemingly against him.
But as at least some regulators appear to be readying their arguments to block the massive near $70B Activision acquisition, Microsoft is not sitting on its hands. What did Spencer say? Why did he say it?
Sometimes the best thing to know, is what you don't know...in Virtual Legality.
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*** CHAPTERS 00:00 Introduction 1:32 Profitability and Game Pass 14:03 SEC Filings and Accounting 23:12 Rainclouds 27:36 It's Like Minecraft 29:10 Conclusion
*** Discussed in this episode:
PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
THE CMA https://assets.publishing.service.gov.uk/media/634536048fa8f5153767e533/MSFT.ABK_phase_1_decision_-_1.09.2022.pdf
ARTICLES https://www.theverge.com/2022/10/26/23425029/microsoft-xbox-game-pass-profitable-revenues
https://en.wikipedia.org/wiki/Hollywood_accounting
https://www.wsj.com/articles/microsoft-casts-a-very-big-cloud-11666796871
https://www.wsj.com/articles/googles-bottom-line-is-now-top-of-mind-11666739186
https://www.theverge.com/2022/10/27/23426512/microsoft-xbox-game-streaming-console-years-away
TWEETS https://twitter.com/DomsPlaying/status/1585403411188846593
https://twitter.com/tomwarren/status/1585330443682926593
MS SEC FILING https://microsoft.gcs-web.com/node/31056/html
*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
*** Twitter: @hoeglaw Web: hoeglaw.com
The fight between Microsoft's Xbox division and the UK's Competition and Markets Authority (CMA) has only just begun...and now everyone can tell both sides how they feel.
But as Microsoft faces more resistance to its purchase than some may have anticipated, others come out of the woodwork to put their own two cents in. For good or for ill.
It's lobbyin' time...in Virtual Legality.
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CHAPTERS 00:00 Introduction 02:51 Who is the ITIF? 08:29 A Hole-y Argument 31:37 Conclusion
Discussed in this episode:
PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
US CHAMBER https://www.uschamber.com/finance/antitrust/u-s-companies-foreign-competition-agencies-must-all-play-by-the-rules
ITIF https://itif.org/publications/2022/10/24/microsofts-acquisition-of-activision-blizzard-does-not-raise-foreclosure-concerns/
https://itif.org/publications/2015/01/10/about/
https://itif.org/our-supporters/
IGN https://www.ign.com/articles/best-selling-video-games-of-all-time-grand-theft-auto-minecraft-tetris
*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
*** Twitter: @hoeglaw Web: hoeglaw.com
The wait for the release of Platinum Games' Bayonetta 3 is almost over, but fans supportive of the character's original English voice actor, Helena Taylor, have been called to wait forevermore.
After Bloomberg dissected the "truth content" of Ms. Taylor's original statement, the voice actor has come back for more, attempting to defend herself with more half-truths and misdirection.
The question remains, is she doing absolutely anyone (including herself) any good?
Let's discuss.
That's right, today we defend Jason Schreier...in Virtual Legality.
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BITCAST (Sundays 11AM Eastern) - https://www.youtube.com/channel/UCgHBXONMT06nX_8RZ5r32UA
CHAPTERS 00:00 Introduction 2:58 Hellena Taylor Speaks (Again) 15:51 Conclusion (Unions and Messengers)
Discussed in this episode:
HELLENA TAYLOR STATEMENTS (THREAD) https://twitter.com/hellenataylor/status/1581289084718227456
TWEETS (THREADS)
https://twitter.com/hellenataylor/status/1584415390171480066
https://twitter.com/hellenataylor/status/1584417333178531840
https://twitter.com/Stealth40k/status/1584469025106468865
ARTICLES
https://www.videogameschronicle.com/news/sources-dispute-bayonetta-voice-actors-claims-over-pay-offer/
https://variety.com/2020/gaming/news/sag-aftra-video-game-contract-extension-1234823687/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw
Web: hoeglaw.com
The fight between Microsoft's Xbox division and the UK's Competition and Markets Authority (CMA) has only just begun...and now everyone can tell both sides how they feel.
What will the console warriors do with this new found power? What is the US Chamber and why does it not really represent what many seem to think? And will any scuttling of the Activision deal really lead to Sony regretting it's life choices?
It's a potpourri of pandemonium...in Virtual Legality.
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CHAPTERS 00:00 Introduction 1:37 CMA Starts A Public Process 13:23 What Did the US Chamber of Commerce Say? 24:20 Windows Central and Sony's Regret? 37:58 Conclusion (Thanks Everybody!)
Discussed in this episode:
PLAYLIST
https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
CMA PUBLIC COMMENT
https://www.gamesindustry.biz/cma-unswayed-by-microsofts-arguments-for-activision-blizzard-acquisition
https://www.gamesindustry.biz/cma-calls-on-the-public-for-its-views-on-microsofts-acquisition-of-activision-blizzard
https://www.gov.uk/cma-cases/facebook-inc-giphy-inc-merger-inquiry
US CHAMBER
https://twitter.com/JezCorden/status/1583082759664214016
https://www.uschamber.com/
https://www.uschamber.com/finance/antitrust/u-s-companies-foreign-competition-agencies-must-all-play-by-the-rules
WINDOWS CENTRAL ARTICLE
https://www.windowscentral.com/gaming/xbox/why-sony-could-live-to-regret-getting-the-xbox-activision-blizzard-deal-blocked
*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
*** Twitter: @hoeglaw Web: hoeglaw.com
Microsoft and the Competition and Markets Authority (CMA) of the United Kingdom have been trading punches over Activision and everybody's (!) got questions.
Let's go through...everything.
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CHAPTERS 00:00 Introduction 40:59 The CMA's Official Phase I Report 4:27:43 The Microsoft Response 6:23:07 Question Time and Conclusion
Discussed in this episode: https://assets.publishing.service.gov.uk/media/634536048fa8f5153767e533/MSFT.ABK_phase_1_decision_-_1.09.2022.pdf
https://assets.publishing.service.gov.uk/media/634e5d3dd3bf7f618d8f88d1/Initial_Phase_2_submission.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
*** Twitter: @hoeglaw Web: hoeglaw.com
The wait for the release of PlatinumGames' Bayonetta 3 is almost over, but fans supportive of the character's original English voice actor, Helena Taylor, have been called to wait forevermore.
Now, Bloomberg has stepped in with leaks suggesting that Ms. Taylor may not be telling the whole truth regarding her contract negotiations. What really happened here? Who's telling the truth?
As with so many such disputes - it's complicated.
Let's discuss.
There are two sides to every story...in Virtual Legality.
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*** CHAPTERS 00:00 Introduction 4:21 Bloomberg Discovers Discrepancies 16:51 Corroboration and Conclusion
Discussed in this episode:
HELLENA TAYLOR STATEMENTS (THREAD) https://twitter.com/hellenataylor/status/1581289084718227456
ARTICLES
https://www.bloomberg.com/news/articles/2022-10-18/bayonetta-3-voice-actor-s-pay-dispute-overshadows-nintendo-game
https://www.videogameschronicle.com/news/sources-dispute-bayonetta-voice-actors-claims-over-pay-offer/
MISC
https://youtu.be/G1k7Cwr66O0
https://www.imdb.com/name/nm0773321/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw
Web: hoeglaw.com
The saga of Elizabeth Holmes and the fraud perpetuated by her company, Theranos, have not been a frequent topic in Virtual Legality, but as the drama continues to unspool perhaps they should have been.
What Hail Mary has Ms. Holmes thrown to request a new trial? And why did the hearing examining her request go so poorly?
You can get into a lot of legal trouble from a single drop of (fraudulent) blood...in Virtual Legality.
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CHAPTERS 00:00 Introduction 2:23 A Remorseful Witness and a New Trial Request 15:01 Conclusion
Discussed in this episode:
https://www.nytimes.com/2022/10/17/technology/elizabeth-holmes-case-adam-rosendorff.html
https://www.businessinsider.co.za/elizabeth-holmes-new-trial-at-risk-witness-stands-by-testimony-2022-10
*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
*** Twitter: @hoeglaw Web: hoeglaw.com
The wait for the release of Platinum Games' Bayonetta 3 is almost over, but fans supportive of the character's original English voice actor, Helena Taylor, have been called to wait forevermore.
What has Ms. Taylor asked for and why? Is a lowball contract offer really "immoral"? And what role does replacement Jennifer Hale have in all of this?
Let's discuss.
We thought Platinum cards had a higher credit line...in Virtual Legality.
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CHAPTERS 00:00 Introduction 1:41 Statements, Rates, and Morality 25:47 Jennifer Hale and Hideki Kamiya 30:07 Conclusion
Discussed in this episode:
HELLENA TAYLOR STATEMENTS (THREAD) https://twitter.com/hellenataylor/status/1581289084718227456
ARTICLES
https://variety.com/2022/digital/news/bayonetta-3-voice-actress-4000-dollars-boycott-1235404736/
https://www.theguardian.com/games/2022/oct/16/bayonetta-actor-hellena-taylora-boycott-video-game-pay-row
https://www.tmz.com/2022/10/15/bayonetta-voice-actress-hellena-taylor-offered-4k-boycott-video-game/
https://www.eurogamer.net/voice-actress-requests-fans-boycott-bayonetta-3-in-insulting-salary-fiasco
https://mynintendonews.com/2022/10/15/original-bayonetta-voice-actress-refused-insulting-pay-offer-for-reprising-her-role/
https://nintendoeverything.com/platinumgames-confirms-jennifer-hale-is-the-new-voice-actress-for-bayonetta-in-bayonetta-3/
https://www.cbc.ca/radio/asithappens/as-it-happens-wednesday-edition-1.4309487/we-won-video-game-voice-actors-end-months-long-strike-1.4310103
TWEETS
https://twitter.com/YongYea/status/1581657748990664709
https://twitter.com/Nibellion/status/1581692094350913537
https://twitter.com/PG_kamiya/status/1581812207913824258
MISC
https://www.sagaftra.org/files/2020InteractiveRateSheetFinal.pdf
*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg.
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
*** Twitter: @hoeglaw Web: hoeglaw.com
Microsoft has taken the unusual step of commenting on recently completed and pending (!) regulatory reviews of its near $70B proposed acquisition of Activision Blizzard.
What can we learn from their comments on CADE (Brazil) and the CMA (UK)?
A whole lot.
We love competition...in Virtual Legality.
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BITCAST (Sundays 11AM Eastern) - https://www.youtube.com/channel/UCgHBXONMT06nX_8RZ5r32UA
*** CHAPTERS
00:00 Introduction (Thanks FalkusVipus!)
2:00 Take Two CEO Speaks
4:35 MS Speaks on Brazil (CADE)
21:47 MS Speaks on the UK (CMA)
52:02 Conclusion
*** Discussed in this episode:
PLAYLIST
https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
ARTICLES
https://www.yahoo.com/entertainment/two-interactive-ceo-says-acquiring-174000018.html
https://www.videogameschronicle.com/news/microsoft-accuses-uk-regulator-of-adopting-sonys-complaints-over-activision-blizzard-deal/
https://www.gamesindustry.biz/uk-regulator-details-concerns-over-microsofts-proposed-acquisition-of-activision-blizzard-xbox-responds
TWEETS
https://twitter.com/HazzadorGamin/status/1579015767450062848
https://twitter.com/Chris_Dring/status/1580248783761600513
https://twitter.com/tomwarren/status/1580124742501027840
https://twitter.com/tomwarren/status/1580239474126036992
CADE REPORT https://web.archive.org/web/20221006000803/https://sei.cade.gov.br/sei/modulos/pesquisa/md_pesq_documento_consulta_externa.php?HJ7F4wnIPj2Y8B7Bj80h1lskjh7ohC8yMfhLoDBLddZou1UxFwR2xny_H8WpNqBA9LEUmxpnNJZhTSHmSvXvpffRtONbaxBeOzHPgm0V3c1aCdhWaTZo9OtUDTJX_L_7
CMA REPORT https://assets.publishing.service.gov.uk/media/634536048fa8f5153767e533/MSFT.ABK_phase_1_decision_-_1.09.2022.pdf
*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
*** Twitter: @hoeglaw Web: hoeglaw.com
Elon Musk has offered up his money (mostly), but Twitter wants a trial. What's a Court of Chancery to do?
(At Least) One Date More...in Virtual Legality.
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*** CHAPTERS 00:00 Introduction (Thanks LadyEmily!) 02:22 Team Musk's Motion 21:37 Twitter's Response 26:58 The Court's Order 28:23 Conclusion
*** Discussed in this episode:
PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_O52bErVCYZfVYMgVgu3nX
CHANCERY DAILY
https://twitter.com/chancery_daily
MOTIONS AND ORDERS
https://s3.documentcloud.org/documents/23126626/musk-01-motion-to-stay-w-cos.pdf
https://s3.documentcloud.org/documents/23126697/twitter-response-to-motion-to-stay-twitter-v-musk.pdf
https://twitter.com/chancery_daily/status/1578137982996914177/photo/1
*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
*** Twitter: @hoeglaw
"[T]he central objective...is the protection of competition as a means of promoting the well-being of Brazilian consumers, and not the defense of the particular interests of specific competitors."
Everyone wants to know just when Xbox's pending near $70B purchase of Activision is likely to become a reality, but as things continue their slow march forward, we can start to draw conclusions from the small morsels afforded to us.
Let's talk about Brazil.
We love competition...in Virtual Legality.
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*** CHAPTERS 00:00 Introduction (Thanks Roketsu86!) 01:39 The State of Play 13:55 Brazil Approves (Horizontal Analysis) 34:05 Brazil Approves (Vertical Analysis) 1:09:47 Conclusion
*** Discussed in this episode:
PLAYLIST
https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
ARTICLES/WEBSITES
https://www.playstationlifestyle.net/2022/10/01/sony-microsoft-activision-deal-brussels/
https://www.videogameschronicle.com/news/microsoft-files-its-case-for-activision-acquisition-with-eu-competition-regulator/
https://news.microsoft.com/activision-blizzard-acquisition/
BRAZIL/CADE https://sei.cade.gov.br/sei/modulos/pesquisa/md_pesq_documento_consulta_externa.php?HJ7F4wnIPj2Y8B7Bj80h1lskjh7ohC8yMfhLoDBLddYc819EfEhjINLJ9udu0zTOrrGquAHH4kEG0kRjWOeOv1DBeFzB_wAArcoEuIAvHz1jMVfQ9EyoxrpOzqjamHQ5
https://sei.cade.gov.br/sei/modulos/pesquisa/md_pesq_documento_consulta_externa.php?HJ7F4wnIPj2Y8B7Bj80h1lskjh7ohC8yMfhLoDBLddZou1UxFwR2xny_H8WpNqBA9LEUmxpnNJZhTSHmSvXvpffRtONbaxBeOzHPgm0V3c1aCdhWaTZo9OtUDTJX_L_7
*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
*** Twitter: @hoeglaw Web: hoeglaw.com
The long winding romance between Elon Musk and Twitter may be soon coming to a close, but not for any of the reasons we might have thought only a week ago.
We know what surrender looks like...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/UQ5Gqa7takw
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*** CHAPTERS
00:00 Introduction
3:33 Elon Surrenders
6:59 Conclusion
*** Discussed in this episode:
PLAYLIST
https://www.youtube.com/playlist?list=PL1zDCgJzZUy_O52bErVCYZfVYMgVgu3nX
TWEETS
https://twitter.com/chancery_daily/status/1574614016747454464
TEXT DISCOVERY
https://gizmodo.com/elon-musk-texts-joe-rogan-larry-elllison-dorsey-twitter-1849600155
https://s3.documentcloud.org/documents/23112929/elon-musk-text-exhibits-twitter-v-musk.pdf
ARTICLE
https://www.cnbc.com/2022/10/04/twitter-shares-halted-on-report-that-musk-plans-to-go-through-with-deal-at-54point20-a-share.html
*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
In the eternal game of who can have the worst messaging in the gaming industry, Sony another another feather in its cap this morning by offering superior customer service only to those that prove the most loyal to its brand.
Now how is loyalty established in the eyes of a multinational corporation like Sony? By spending money, of course, through PlayStation's brand new loyalty program, PlayStation Stars. What could go wrong?
No more counting dollars, we'll be counting Stars...in Virtual Legality.
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"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list...
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw
Web: hoeglaw.com
For the past few weeks, Sony Interactive Entertainment (SIE) has been in the spotlight, shouting to the high heavens that the PlayStation brand (PS5) is at existential risk if regulators allow rival Microsoft and their Xbox brand to complete their acquisition of publisher Activision (and specifically the Call of Duty franchise). But now the tables have turned as Microsoft has brought in a bigger figure than even gaming head Phil Spencer in CEO Satya Nadella. But what the head of one of the biggest tech companies on earth has to say about the deal may just be the most disingenuous thing yet. Everyone is stretching the truth...in Virtual Legality. #microsoft #xbox #activision
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Discussed in this episode:
PLAYLIST https://www.youtube.com/playlist?list...
ARTICLES https://www.gamesindustry.biz/microso... https://www.bloomberg.com/news/articl... https://www.eurogamer.net/top-10-gami... https://www.theverge.com/2021/5/5/224... https://en.wikipedia.org/wiki/List_of... https://www.pushsquare.com/news/2022/... https://www.dualshockers.com/sony-acq... https://news.microsoft.com/2022/01/18...
TWEETS https://twitter.com/WillKoulouris/sta... https://twitter.com/BloombergTV/statu... https://twitter.com/business/status/1...
MERGER GUIDELINES https://www.justice.gov/atr/horizonta... https://www.ftc.gov/system/files/docu...
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list... DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw
Web: hoeglaw.com
DESIGN WORK Joe Ellis (Logo Design) Chris Leroux (Motion Graphics) For more information: contact Chris at @Chrisleroux on Twitter.
Sometimes people have thoughts about what we do here in Virtual Legality...and boy howdy does AimJunkies as they fend off legal challenges from Destiny 2 creator, Bungie. Join us as we discuss the cheat seller's responses to our analysis as well as the countercomplaint they just brought against Bungie for computer fraud. We have a lot to discuss. We try to get our story straight (boy)...in Virtual Legality. #bungie #aimjunkies #copyright * NEW MERCH LINK: https://virtuallegalityshop.myshopify... * WANT TO SUPPORT THE CHANNEL? UTREON - https://utreon.com/c/hoeglaw/ PATREON - https://www.patreon.com/VirtualLegality MERCH STORE - https://virtuallegalityshop.myshopify... BITCAST (Sundays 11AM Eastern) - https://www.youtube.com/channel/UCgHB... * CHAPTERS 00:00 Introduction 01:34 AimJunkies Responds to Us 13:25 AimJunkies Fires Back at Bungie 19:35 World of Warcraft, Glider, and Copyright Infringement 29:38 Game Genies and Modifications 33:56 Accusations of Computer Fraud 43:11 Conclusion * Discussed in this episode: PRIOR VIDEO https://youtu.be/nGVouGpjG8I ARTICLE https://torrentfreak.com/aimjunkies-c... LAWSUIT DOCUMENTS https://torrentfreak.com/images/aim-r... https://torrentfreak.com/images/aim-a... CASE PRECEDENT REVIEW https://casetext.com/case/mdy-indus-l... https://en.wikipedia.org/wiki/Lewis_G.... LAW https://www.law.cornell.edu/uscode/te... CURRENT DESTINY 2 (BUNGIE) EULA https://www.bungie.net/7/en/Legal/sla * "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law). CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list... DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL. * Twitter: @hoeglaw Web: hoeglaw.com
We've talked a lot about Twitch in Virtual Legality at this point, but at no time have we ever really been worried about the future of the platform...until now.
It's time to talk about gambling, both in the literal and figurative sense.
Sometimes its a corpse that twitches...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/XY-qHX0FVKA
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BITCAST (Sundays 11AM Eastern) - https://www.youtube.com/channel/UCgHBXONMT06nX_8RZ5r32UA
CHAPTERS 00:00 Introduction 1:11 Twitch vs Gambling 10:00 Twitch vs Streamers 35:54 Conclusion
Discussed in this episode:
ARTICLES https://kotaku.com/twitch-gambling-xqc-pokimane-stake-trainwreck-betting-1849560661 https://kotaku.com/top-twitch-streamers-fight-over-sketchy-gambling-stream-1847186269 https://www.theverge.com/2022/9/20/23363443/youtube-creator-music-licensing-program-monetizing-longform-videos
TWEETS https://twitter.com/Twitch/status/1572347129192132611 https://twitter.com/Twitch/status/1572525437196148738 https://twitter.com/zachbussey/status/1572615009208786946 https://twitter.com/DevinNash/status/1572587986835099649
TWITCH BLOG https://blog.twitch.tv/en/2022/09/21/a-letter-from-twitch-president-dan-clancy-on-subscription-revenue-shares/
ANCILLARY https://store.steampowered.com/news/group/4145017/old_view/1697191267930157838 https://ir.aboutamazon.com/annual-reports-proxies-and-shareholder-letters/default.aspx https://s2.q4cdn.com/299287126/files/doc_financials/2022/ar/Amazon-2021-Annual-Report.pdf https://www.businessofapps.com/data/twitch-statistics/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
When what is likely to be one of the biggest releases in gaming history suffers a massive leak/hack of video footage, screenshots, and more, the industry pays attention. But so do the lawyers.
Let's talk about Grand Theft Auto 6, Rockstart, the DMCA, and more.
No developer wants their open world to be quite that open...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/JQ9wPxTdDso
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CHAPTERS 00:00 Introduction 2:03 PART 1 - What Just Happened? 11:43 PART 2 - Let's Talk Law 26:54 Conclusion
Discussed in this episode:
ARTICLES https://www.ign.com/articles/gta-6-gameplay-videos-reportedly-leak-grand-theft-auto https://www.forbes.com/sites/paultassi/2022/09/18/gta-6-suffers-massive-leak-of-90-gameplay-videos/?sh=f3eb8af11e4a https://www.reuters.com/technology/take-twos-grand-theft-auto-vi-gameplay-leaked-online-bloomberg-news-2022-09-19/
TWEETS https://twitter.com/LegacyKillaHD/status/1571491733506228224 https://twitter.com/RockstarGames/status/1571849091860029455/photo/1 https://twitter.com/LegacyKillaHD/status/1571609744548429826 https://twitter.com/LegacyKillaHD/status/1571804705713537024
SEC FILING https://taketwointeractivesoftwareinc.gcs-web.com/static-files/d38e10c9-4abe-407f-9f3a-7f16f3118e20
SONY PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy-ULKii2yP9AY-Emo1_G8xN
LAW https://www.law.cornell.edu/uscode/text/17/512 https://www.copyright.gov/help/faq/faq-protect.html https://www.law.cornell.edu/uscode/text/17/107
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Microsoft (Xbox) and Sony (PlayStation) have long been "rivals" in the console gaming space, but with Microsoft's acquisition of Call of Duty maker Activision still pending, things seem to be heating way, way, up.
What did Sony say to really escalate things? Should deal followers be concerned with what's happening in the UK (CMA) and EU? And just what would happen if only one jurisdiction gets upset.
Let's talk about it!
Begun the (real) console wars have...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/yTd0xquejY4
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CHAPTERS 00:00 Introduction 2:29 CMA/EU Update 10:55 Sony Shoots Its Shot 17:13 What if Someone Blocks? 22:43 Closing
Discussed in this episode:
PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
TWEETS https://twitter.com/DaniellePartis/status/1570437933500452867 https://twitter.com/Butch4969/status/1570423699731275778
ARTICLE https://www.gamesindustry.biz/microsoft-activision-acquisition-expected-to-face-deeper-investigations-in-uk-eu
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
James Bond may have a license to kill, but that doesn't mean licensing his intellectual property has been easy over the years.
Now, with the announcement of Nintendo Online and Game Pass versions of the classic Goldeneye game (originally on N64) questions have been raised around just why some features (like online) seem exclusive to the others.
Let's discuss.
Looks like Nintendo and Microsoft had lawyers with a license to bill...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/QS-LZ7D2tDs
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Discussed in this episode:
TWEETS https://twitter.com/NintendoAmerica/status/1569693240315494403 https://twitter.com/RareLtd/status/1569693409467662337 https://twitter.com/HoegLaw/status/1569717122510495744
GAMEFAQS (circa 2014) https://gamefaqs.gamespot.com/boards/631516-wii-u/68660370?page=1
ARTICLES/PRESS RELEASES https://www.theverge.com/2022/9/13/23162373/goldeneye-007-xbox-release-remaster-nintendo-switch https://www.007.com/goldeneye-007-coming-to-nintendo-switch-online-xbox-gamepass/ https://news.xbox.com/en-us/2022/09/13/james-bond-returns-goldeneye-007-on-game-pass/ https://www.thegamer.com/no-one-lives-forever-the-operative-legal-issues-explained/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Halo has had a rocky history since 343 Industries took over its development, but there perhaps none more than now with the departure of the only studio head 343 has ever known.
What does Bonnie Ross' leaving mean for the studio? For Halo?
We don't mess around with medical issues...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/rxrjyZlhiWo
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CHAPTERS 00:00 Introduction (Thanks, LadyEmily!) 01:16 Resignation and Medical Issues 07:45 Friendly Leaks and Negativity 14:41 Conclusion
Discussed in this episode:
TWEETS https://twitter.com/PlutonForEver/status/1569370308444065794 https://twitter.com/HoegLaw/status/1565441491090145280
ARTICLES https://www.windowscentral.com/gaming/xbox/halo-head-bonnie-ross-is-leaving-343-industries-and-microsoft https://www.polygon.com/23349308/halo-infinite-343-industries-founder-bonnie-ross-quits
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Many, many folks are wondering just when we might hear more on the saga of Microsoft x Activision's regulatory review here in the US. Others are positing that the FTC is obligated to do something soon or stay silent forever more. The reality is considerably more complex.
Let's discuss.
When the government has the leverage a deadline is just a "deadline"...in Virtual Legality.
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CHAPTERS 00:00 Introduction (Thanks, FalkusVipus) 01:25 An Overview of the Review Process 04:48 The Practicalities of Regulatory Dealings 13:51 Indefinite Settlements and Lack of Approval 17:42 Conclusion
Discussed in this episode:
PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
VISUAL AID https://www.ftc.gov/sites/default/files/u269/hsr-timeline.png
HSR SUMMARY https://www.ftc.gov/advice-guidance/competition-guidance/guide-antitrust-laws/mergers/premerger-notification-merger-review-process
LAW AND REGULATIONS https://www.law.cornell.edu/uscode/text/15/18a https://www.ecfr.gov/current/title-16/chapter-I/subchapter-H/part-803 https://www.ecfr.gov/current/title-16/chapter-I/subchapter-H/part-803/section-803.3
FTC WARNING LETTER https://www.ftc.gov/enforcement/competition-matters/2021/08/adjusting-merger-review-deal-surge-merger-filings
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
What happens behind closed doors usually stays behind closed doors, but not for Phil Spencer and Jim Ryan, heads of Xbox and PlayStation.
While Activision dangles in limbo, things have really (really!) heated up between the two longtime videogame rivals with no signs of cooling down.
Let's discuss.
Yes, we sometimes choose our thumbnail images purely out of a sense of irony...in Virtual Legality.
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CHAPTERS 00:00 Introduction (Thanks, Nord) 01:34 A Strategy of Concession 09:14 Sony Punches Back 15:40 Closing Analysis
Discussed in this episode:
PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
ARTICLES https://www.theverge.com/2022/9/2/23334619/microsoft-sony-call-of-duty-playstation-letter-commitment-activision-blizzard https://www.cnn.com/2022/02/18/tech/microsoft-activision-blizzard-ftc-antitrust/index.html https://www.nytimes.com/2022/06/13/business/economy/microsoft-activision-union.html https://www.hollywoodreporter.com/business/business-news/microsoft-activision-blizzard-deal-supported-labor-union-1235174379/ https://www.gamesindustry.biz/playstation-xboxs-call-of-duty-offer-was-inadequate-on-many-levels
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Everyone's favorite Chinese gaming company/investment firm, Tencent (sorry NetEase lovers), has finally put the moves on its French love, Ubisoft, after a dalliance beginning in 2018.
What does it mean for Ubisoft? For Tencent? For the Industry?
Let's discuss.
Tencent's looking for Valhalla but hopes its not just a Mirage...in Virtual Legality.
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CHAPTERS 00:00 Introduction (Thanks, Opal Studded Dagger) 01:26 Tencent/Ubisoft History 05:54 Today's Investment 23:50 Conclusion
Discussed in this episode:
ARTICLES https://web.archive.org/web/20220804115449/https://www.reuters.com/markets/europe/exclusive-tencent-plans-raise-stake-assassins-creed-maker-ubisoft-sources-2022-08-04/ https://www.globenewswire.com/news-release/2022/09/06/2510708/0/en/Ubisoft-strengthens-its-core-shareholding-via-the-expansion-of-the-concert-around-the-group-s-founders-to-the-benefit-of-its-long-term-stability-and-development.html
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Microsoft x Activision just got real. Or at least it did publicly as the UK's antitrust watchdog Competition and Markets Authority (CMA) comes down hard on the combination in a series of incendiary social media posts and reports.
What just happened and is the deal still likely to go through?
Let's talk about it together.
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CHAPTERS 00:00 Introduction
04:20 CMA Tweets 31:56 CMA Press Release 50:28 CMA Findings Documents 1:53:22 Phil Spencer Response 2:04:40 Other Responses/Conclusion
Discussed in this episode:
CMA TWEETS AND REPORTS https://twitter.com/CMAgovUK/status/1565299888740569089 https://www.gov.uk/government/news/microsoft-activision-deal-could-lead-to-competition-concerns https://assets.publishing.service.gov.uk/media/63108adfe90e07293ed65210/MSFT.ABK_-_Summary_phase_1_decision.pdf
MS AND ACTIVISION RESPONSES https://blogs.microsoft.com/on-the-issues/2022/09/01/gaming-everyone-everywhere/ https://twitter.com/charlieINTEL/status/1565311987453759489 https://twitter.com/tomwarren/status/1565317948629291010
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
When Pieter "Mudge" Zatko decided to file a whistleblower complaint on Twitter's operations, it wasn't just the SEC, FTC, and DOJ who were listening. Now, Elon Musk has attempted to use that complaint as another line of attack to exit his proposed $44B deal for the company.
Will he succeed?
It may be that Elon just has to play out the clock...in Virtual Legality.
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CHAPTERS 00:00 Introduction 1:42 Twitter and Material Adverse Effects 5:18 Enter the Whistleblower 15:20 Musk Makes His Move 25:01 Waiting Out the Clock? 30:53 Conclusion
Discussed in this episode:
YOUTUBE VIDEOS/PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_O52bErVCYZfVYMgVgu3nX
ARTICLES https://web.archive.org/web/20220823100344/https://www.washingtonpost.com/technology/interactive/2022/twitter-whistleblower-sec-spam/ https://apnews.com/article/elon-musk-twitter-purchase-whistleblower-85634c5906d489d34143a6d83b4f4038
TWEETS https://twitter.com/donie/status/1562069281545900033 https://twitter.com/HoegLaw/status/1562210129445113856
WHISTLEBLOWER LETTERS (MUSK AND TWITTER) https://sec.report/Document/0001104659-22-095765/ https://d18rn0p25nwr6d.cloudfront.net/CIK-0001418091/3fe413e6-d931-4a33-98e9-2937a13b9f29.pdf
MERGER AGREEMENT https://d18rn0p25nwr6d.cloudfront.net/CIK-0001418091/67572c16-711a-43fd-9488-b75e3f6bc469.pdf
TWITTER SUIT/ANSWERS https://acrobat.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3A0ef7d871-947c-3ed5-8b88-b3b582ee8d08 https://s22.q4cdn.com/826641620/files/doc_news/2022/08/Twitters-Reply-to-Verified-Counterclaims.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Like many technology corporations, Sony has been struggling of late, but the question remains - "Is that your problem?". With price hikes while resources are devoted to acquisitions in new markets, Sony's PlayStation brand most certainly seems to think it is. I tend to disagree.
Pay may have some limits...in Virtual Legality.
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CHAPTERS 00:00 Introduction 03:00 Hiking Prices 22:52 Moving Mobile 33:26 Conclusion
Discussed in this episode:
PLAYSTATION BLOG https://blog.playstation.com/2022/08/25/ps5-price-to-increase-in-select-markets-due-to-global-economic-environment-including-high-inflation-rates/ https://blog.playstation.com/2022/08/29/welcoming-savage-game-studios-expanding-our-community/
PRESS RELEASE https://www.businesswire.com/news/home/20220829005294/en
FINANCIAL ANALYSIS https://www.ampereanalysis.com/insight/economic-conditions-prompt-sony-to-increase-the-price-of-ps5-across-a-range-of-markets https://tradingeconomics.com/united-kingdom/currency
TWEETS https://twitter.com/HoegLaw/status/1562756214903095298 https://twitter.com/IvorBaddic/status/1562758653966688259
MISC https://en.wikipedia.org/wiki/Small_but_significant_and_non-transitory_increase_in_price https://www.savagegamestudios.com/join-savage https://de.linkedin.com/in/mikemcmanus1
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Embracer Group has been gobbling up companies since it started its existence, but even then, this past 24 hours were special...especially if you have a soft spot for The Hobbit or The Lord of the Rings.
What just happened? Let's talk about it.
In a hole in the market there lived a group...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/XExA9Yq84W8
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CHAPTERS 00:00 Introduction (Thanks Supporters!) 02:25 Introducing Freemode 5:23 Adding to Freemode (Limited Run, Slingtrix, Tuxedo, Tripwire) 15:31 A History of Middle Earth...IP 22:53 Buying Middle Earth 38:59 Conclusion
Discussed in this episode:
EMBRACER PRESS RELEASES https://embracer.com/release/embracer-group-enters-into-agreement-to-acquire-ip-rights-to-the-lord-of-the-rings-and-the-hobbit-literary-works-by-j-r-r-tolkien/ https://embracer.com/release/embracer-group-announces-the-11th-operating-group-embracer-freemode/ https://embracer.com/release/embracer-group-enters-into-an-agreement-to-acquire-limited-run-games/ https://embracer.com/release/embracer-group-enters-into-an-agreement-to-acquire-singtrix/ https://embracer.com/release/embracer-group-acquires-tuxedo-labs/ https://embracer.com/release/embracer-group-enters-into-agreement-to-acquire-tripwire-interactive/ https://embracer.com/release/financial-impact-from-acquisitions-is-estimated-to-contribute-sek-550-750-million-in-pro-forma-adjusted-ebit-fy-22-23-sek-750-950-million-fy-23-24-and-sek-1-0-1-5-billion-fy-24-25-3/
ARTICLES https://www.theverge.com/2021/9/7/22661432/john-gibson-tripwire-step-down-twitter-texas-abortion https://deadline.com/2022/08/embracer-group-acquires-rights-lord-of-the-rings-and-hobbit-1235095113/amp/ https://www.hollywoodreporter.com/business/business-news/warner-bros-tolkien-estate-settle-80-million-hobbit-lawsuit-1018478/ https://deadline.com/2017/11/amazon-the-lord-of-the-rings-tv-series-multi-season-commitment-1202207065/ https://variety.com/2022/film/news/lord-of-the-rings-hobbit-tolkien-zaentz-rights-sale-1235176036/
MIDDLE EARTH IP https://www.zaentz.com/about.html https://www.zaentz.com/middle-earth-enterprises.html https://www.middleearth.com/history.html
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Paul Tassi at Forbes loves live service games (Destiny, Genshin Impact, Fortnite, etc.), but that love can sometimes lead to interesting hypotheses, like the notion that a game that is ostensibly NOT a "live service" is somehow at a disadvantage.
We examine the proposition and his example game: Outriders - Worldslayer.
It's not the model, it's the product...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/41BJMfup0pQ
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CHAPTERS 00:00 Introduction 2:55 The Articles of Paul Tassi 19:51 Conclusion
Discussed in this episode:
ARTICLES https://www.forbes.com/sites/paultassi/2022/08/16/outriders-worldslayer-and-the-perils-of-not-being-a-live-service-in-2022/ https://www.vg247.com/outriders-live-service-game-complete-package https://www.forbes.com/sites/paultassi/2021/04/17/outriders-and-when-not-a-live-service-game-is-a-live-service-game/?sh=756228c4d2ae
STEAMCHARTS https://steamcharts.com/app/1085660 https://steamcharts.com/app/1172470 https://steamcharts.com/app/1593500 https://steamcharts.com/app/680420 https://steamcharts.com/app/99707 https://steamcharts.com/app/1245620
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Bungie is certainly no stranger to litigation, but with subpoenas now flying, what can we take from Aimjunkies' response to being called out for selling cheat software? Probably not what they'd like us to take.
We remember that we do still have a first amendment (!) ...in Virtual Legality.
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CHAPTERS 00:00 Introduction (Thanks, FalkusVipus!) 02:16 A Misunderstood Dismissal 08:43 Bungie's Refiling 22:53 Subpoenas and Press Releases 32:25 Conclusion
Discussed in this episode:
ARTICLES https://torrentfreak.com/cheat-seller-aimjunkies-uses-subpoenas-to-fire-back-at-bungie-220810/ https://www.gamesindustry.biz/court-dismisses-bungie-copyright-infringement-claim-against-aimjunkies https://www.gamesindustry.biz/aimjunkies-subpoenas-valve-to-fight-bungie-copyright-accusations https://gamedaily.biz/article/2311/federal-court-dismisses-bungies-copyright-claim-against-cheat-seller-aimjunkies
AIMJUNKIES MOTION TO DISMISS AND PRESS RELEASE https://torrentfreak.com/images/aimjunkies-dismiss.pdf https://torrentfreak.com/images/phoenix-press.pdf
BUNGIE'S REVISED COMPLAINT https://torrentfreak.com/images/aim-refile.pdf
LEGAL https://www.vondranlegal.com/what-is-inducement-of-copyright-infringement
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
With Elon Musk having thrown his own 160+ page lawsuit at Twitter, it's no surprise that the social media company has responded with some...passion.
But while Twitter raises a number of good points, it also raises a number of new questions.
Let's talk about it.
CHECK OUT THE VIDEO AT: https://youtu.be/elE2kwwoxcs
It's not a microblogging site, it's "a global platform for real-time self-expression and conversation"...in Virtual Legality.
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CHAPTERS 00:00 Introduction (Thanks, LadyEmily!) 03:54 Twitter Answers - Introduction 24:32 Twitter Answers - Preliminary Statements 44:55 Twitter Answers - Parties and Early mDAU Statements 1:03:16 Twitter Answers - mDAU Calculations and Information Obligations 1:35:34 Twitter Answers - Ordinary Course Concerns 1:40:11 Affirmative Defenses and Conclusion
Discussed in this episode:
YOUTUBE PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_O52bErVCYZfVYMgVgu3nX
COUNTERSUIT https://s3.documentcloud.org/documents/22127591/musk-public-version-of-counterclaims-answer-w-cos.pdf
MERGER AGREEMENT https://d18rn0p25nwr6d.cloudfront.net/CIK-0001418091/67572c16-711a-43fd-9488-b75e3f6bc469.pdf
TWITTER ANSWERS https://s22.q4cdn.com/826641620/files/doc_news/2022/08/Twitters-Reply-to-Verified-Counterclaims.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Microsoft has laid out it's case for why Sony need not be worried about it's pending acquisition of Activision (or crown jewel FPS Call of Duty), but is it quite as compelling as some have claimed?
They may get shot down, but I suspect they'll get up again...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/gCLtgE9o3bM
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CHAPTERS 00:00 Introduction 02:25 VGC Tweet 05:45 VGC Headline 8:00 Idas and ResetEra - Sony Summary 17:18 VGC Xbox Quotes 24:42 Idas - Microsoft's Response 45:22 Conclusion
Discussed in this episode:
TWEET https://twitter.com/VGC_News/status/1557406684074704905
ARTICLE https://www.videogameschronicle.com/news/microsoft-shoots-down-sonys-claims-that-its-activision-acquisition-is-anti-competitive/
SOURCE MATERIAL https://sei.cade.gov.br/sei/modulos/pesquisa/md_pesq_documento_consulta_externa.php?HJ7F4wnIPj2Y8B7Bj80h1lskjh7ohC8yMfhLoDBLddYr8T4vFoqwZRbmcxSi24V7Yg26FofKf3rtg4pQ5AQV9rEvExlCLNXEnZZiVoz1YTrC99XnlLdP7d0qkoFhPMwv
IDAS/RESETERA POST https://www.resetera.com/threads/microsoft-responds-to-sonys-claim-that-call-of-duty-is-unrivaled-and-unique.618045/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Just what goes into a 160+ page countersuit document anyway? Today we discuss Elon Musk's "answers" and "affirmative defenses" and why he let the lawsuit do almost all of his talking for him.
That's a legal conclusion and we deny everything, today...in Virtual Legality.
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CHAPTERS 00:00 Introduction (Thanks, Opal Studded Dagger) 3:20 Answers - Main Claims 25:16 Answers - A Bit More on mDAU 47:39 Affirmative Defenses 51:25 Conclusion
Discussed in this episode:
YOUTUBE PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_O52bErVCYZfVYMgVgu3nX
COUNTERSUIT https://s3.documentcloud.org/documents/22127591/musk-public-version-of-counterclaims-answer-w-cos.pdf
MERGER AGREEMENT https://d18rn0p25nwr6d.cloudfront.net/CIK-0001418091/67572c16-711a-43fd-9488-b75e3f6bc469.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
91 pages. One countersuit. Just what does Elon Musk have to say in response to Twitter's attempt to force him to buy the company? And which arguments are stronger than others?
It's going to be a long fall...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/fQfUens2TEc
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CHAPTERS 00:00 Introduction (Thanks, Nord!) 04:00 Lawsuit - Overview 26:00 Lawsuit - Parties and Factual Allegations 43:06 Lawsuit - Twitter's Representations and Covenants 1:03:40 Lawsuit - mDAU and Indian Lawsuits 1:22:26 Lawsuit - Causes of Action and Conclusion
Discussed in this episode:
YOUTUBE VIDEOS/PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_O52bErVCYZfVYMgVgu3nX
ARTICLE https://www.theverge.com/2022/8/5/23293527/elon-musk-countersuit-twitter-acquisition-fraud
COUNTERSUIT https://s3.documentcloud.org/documents/22127591/musk-public-version-of-counterclaims-answer-w-cos.pdf
MERGER AGREEMENT https://d18rn0p25nwr6d.cloudfront.net/CIK-0001418091/67572c16-711a-43fd-9488-b75e3f6bc469.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
WARNING: Sensitive Language and Topics
Former Houston Texans Quarterback Deshaun Watson has been through both the American criminal and civil legal systems, but nowhere was the deck stacked quite so highly against him than it was respect to the NFL and commissioner Roger Goodell.
What did his union (the NFLPA) agree to in respect of disciplinary proceedings and why should every NFL player be concerned with how this action is likely to be concluded? And why do concerns about process not end simply because the person is "bad"?
With all this smoke and mirrors Roger Goodell might as well be called David Copperfield...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/2xzEtCC4KCY
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CHAPTERS 00:00 Introduction 01:49 Background (Lawsuits and Grand Juries) 05:31 The NFL - Policies and CBA 11:18 The Disciplinary Officer 19:32 Watson's Alleged Predatory Conduct 22:18 Factual Findings 35:21 Disciplinary Determination 46:11 Appealing Appeals 47:43 Conclusion
Discussed in this episode:
ARTICLES https://www.espn.com/nfl/story/_/id/31081473/massage-therapists-sue-houston-texans-qb-deshaun-watson-calls-allegations-baseless https://www.nfl.com/news/second-texas-grand-jury-declines-to-indict-browns-qb-deshaun-watson-on-criminal https://www.usatoday.com/story/sports/2022/06/28/deshaun-watson-faces-nfl-disciplinary-hearing-suspension-likely/7749365001/?gnt-cfr=1 https://www.si.com/nfl/2022/08/03/nfl-appealing-deshaun-watsons-six-game-suspension https://profootballtalk.nbcsports.com/2022/05/05/understanding-the-nfls-new-process-for-imposing-discipline-under-personal-conduct-policy/
LAW https://www.medlinfirm.com/blog/the-role-of-a-grand-jury-and-how-jurors-are-selected/ https://www.law.cornell.edu/wex/probable_cause https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm#22.011 https://statutes.capitol.texas.gov/docs/pe/htm/pe.21.htm
PERSONAL CONDUCT POLICY https://nflcommunications.com/Documents/2018%20Policies/2018%20Personal%20Conduct%20Policy.pdf
CBA (ARTICLE 46) https://overthecap.com/collective-bargaining-agreement/article/46
TWEET https://twitter.com/NFLPA/status/1553889675282112513
DISCIPLINARY OFFICER DECISION https://www.outkick.com/wp-content/uploads/deshaun-watson-decision-nfl.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Microsoft x Activision continues its plodding march through the regulatory agencies, but as it does so the occasional gem does appear. This weekend, thanks to resetera user Idas, public reports made to the Brazilian regulatory authorities has given us a better understanding of what Sony, Ubisoft, and more think of the deal.
But as with any public filing, things are not precisely as they might appear on the surface.
Sony's not punching down, but it is getting in some Brazilian whacks...in Virtual Legality.
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CHAPTERS 00:00 Introduction 06:56 The Inimitable Call of Duty 15:03 Game Pass 21:59 Other Players/Conclusion
Discussed in this episode:
PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
ARTICLE https://www.videogameschronicle.com/news/sony-says-it-believes-xbox-owning-call-of-duty-could-influence-users-console-choice/
POST https://www.resetera.com/threads/the-official-opinions-from-sony-ubisoft-wb-bn-apple-riot-google-and-more-about-the-activision-blizzard-acquisition.614193/#post-90847698
DATABASE https://sei.cade.gov.br/sei/modulos/pesquisa/md_pesq_processo_exibir.php?1MQnTNkPQ_sX_bghfgNtnzTLgP9Ehbk5UOJvmzyesnbE-Rf6Pd6hBcedDS_xdwMQMK6_PgwPd2GFLljH0OLyFX6gl2sGKAL6BCs1NvfGDcTA25PStaVelgicwm5iRue6
SONY DOCUMENT https://sei.cade.gov.br/sei/modulos/pesquisa/md_pesq_documento_consulta_externa.php?HJ7F4wnIPj2Y8B7Bj80h1lskjh7ohC8yMfhLoDBLddYIpiFZMsYCByj2DFn-jYxrvPRgqUCII-sS_aS30cW3WX0aQDj-wzLW7DQaybbCejslpyYX-POSd0nI5OF0vGgK
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
It's fair to say that Meta (formerly Facebook) has had some regulatory problems of late. That said, not even the most conservative analyst could have predicted that the company's small $400M acquisition of a VR fitness app maker would blow the doors off of everything we thought we know about the FTC and antitrust regulation in 2022.
Seems safe to say that you don't want to be in the business of making huge technology acquisitions with this kind of wildcard out there (Eh, Microsoft and Activision?).
Buckle up, folks.
The Beat Saberings will continue until morale improves...in Virtual Legality.
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CHAPTERS 00:00 Introduction/Legal Background 5:24 The Lawsuit - Overview 27:53 The Lawsuit - Industries and Markets 40:52 The Lawsuit - Punished for What You Didn't Do 50:56 Conclusion (Other Takes)
Discussed in this episode:
PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
ARTICLES/BLOGS https://www.theverge.com/2022/7/27/23281033/ftc-meta-within-complaint-block-acquisition-vr-fitness-beat-saber https://mattstoller.substack.com/p/faceblocked?r=nlsj&s=r&utm_campaign=post&utm_medium=web
LAWSUIT https://storage.courtlistener.com/recap/gov.uscourts.cand.398508/gov.uscourts.cand.398508.1.0.pdf
LAW https://www.law.cornell.edu/uscode/text/15/18 https://www.law.cornell.edu/uscode/text/15/53 https://www.justice.gov/atr/file/801216/download https://www.ftc.gov/system/files/documents/reports/us-department-justice-federal-trade-commission-vertical-merger-guidelines/vertical_merger_guidelines_6-30-20.pdf https://www.ftc.gov/system/files/documents/public_statements/804291/100819hmg.pdf
TWEET https://twitter.com/MikeIsaac/status/1552356609904353281
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Grand Theft Auto V is one of the most successful video game products in history. So what happens when the company behind it (Rockstar) decides to change everything about itself for the next iteration? Bloomberg's Jason Schreier tells the tale.
When a product's selling so well that you just have to change everything...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/DkXNio1X45o
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CHAPTERS 00:00 Introduction 01:45 Grand Theft Auto 5 08:09 Rockstar Changes Its Stripes 14:04 Grand Theft Auto 6 20:22 Project Management Woes 24:46 Conclusion
Discussed in this episode:
ARTICLES https://www.bloomberg.com/news/articles/2022-07-27/gta-6-release-date-rockstar-cleans-up-image-after-employee-backlash#xj4y7vzkg https://kotaku.com/gta-6-miami-leaks-release-date-rockstar-crunch-sexism-1849337092
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Meta (formerly Facebook) and its Meta (formerly Oculus) Quest VR headset line, are brilliant pieces of engineering and the best entry point for VR super fans and first-timers alike -- themselves helping to fuel the Meta App Store to over $1B in sales.
So why then did Meta just increase the price of that entry point by more than 25%?
I have some...editorial thoughts on that as well as on the direction Sony is heading with its PSVR2 product launch.
The Laws of Man may be mutable, but the Laws of Economics are not...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/-lpJHmH3i5M
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Discussed in this episode:
ARTICLES AND BLOGS https://blog.playstation.com/2022/07/26/early-look-at-the-user-experience-for-playstation-vr2/ https://www.oculus.com/blog/meta-quest-2-pricing-changes/ https://www.cnbc.com/2022/07/25/walmart-cuts-second-quarter-guidance-as-it-sees-slower-growth-due-to-inflation.html
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Bungie, the creator of Destiny and Halo, is now a Sony PlayStation company.
But that fact has not stopped them from bringing legal action against a multitude of foes, including, now, an alleged serial cheater (that also is alleged to have threatened the company's employees).
What made the company bring this particular case, and what does it mean for other cheaters in their and other ecosystems?
With all that Sony money Bungie may well have (a lot) more time to explain...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/N0Q3OzSby84
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CHAPTERS 00:00 Introduction 01:15 The Lay of the Land 03:00 The Lawsuit - Overview 14:34 The Lawsuit - Background (The LSLA) 22:16 The Lawsuit - Threatening Language 28:29 The Lawsuit - Identifying the Culprit 33:18 The Lawsuit - Counts of Action 45:20 Conclusion (Thanks Sponsors!)
Discussed in this episode:
ARTICLES https://www.pcgamer.com/bungie-levels-multimillion-lawsuit-against-cheating-pest-who-taunted-and-threatened-keep-your-doors-locked/ https://gamedaily.biz/article/2376/bungie-sues-destiny-2-cheat-streamer
TWEET https://twitter.com/hermenhulst/status/1547990306376728579
LAWSUIT/LAW https://storage.courtlistener.com/recap/gov.uscourts.wawd.312044/gov.uscourts.wawd.312044.1.0_1.pdf https://www.law.cornell.edu/uscode/text/17/1201 https://app.leg.wa.gov/rcw/default.aspx?cite=19.86.020
BUNGIE LSLA (EULA) https://www.bungie.net/7/en/legal/sla
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
When one of the biggest cryptocurrency exchanges (Coinbase) has an employee allegedly leaking valuable information to his brother and friend, the law will certainly have something to say.
The question is are the DOJ and SEC right, or does the law need a full rework to fully accommodate our allegedly inevitable crypto future.
This isn't a bit, we just sometimes find ourselves out in the ether...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/EafL0w48IAg
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CHAPTERS 00:00 Introduction 02:25 Charges of Insider Trading 16:49 Wire Fraud Explained 21:50 What is a Security/SEC Regulation 30:09 Conclusion
Discussed in this episode:
ARTICLES https://www.wsj.com/articles/former-coinbase-employee-charged-in-alleged-insider-trading-scheme-11658420556 https://fortune.com/2022/07/21/coinbase-sec-lack-clear-digital-securities-rules-crypto-huge-missed-opportunity-faryar-shirzad/
DOJ DOCUMENTS https://www.justice.gov/usao-sdny/pr/three-charged-first-ever-cryptocurrency-insider-trading-tipping-scheme https://www.justice.gov/usao-sdny/press-release/file/1521186/download
LAW https://www.law.cornell.edu/uscode/text/18/1343 https://www.law.cornell.edu/uscode/text/15/78j https://www.law.cornell.edu/cfr/text/17/240.10b-5
COINBASE DOCUMENTS https://www.coinbase.com/price/tribe https://blog.coinbase.com/a-beginners-guide-to-ethereum-tokens-fbd5611fe30b https://blog.coinbase.com/an-update-on-our-asset-listing-processes-e74421da21cc https://assets.ctfassets.net/c5bd0wqjc7v0/5NRidtW8lvwVEfSHpndWQm/78f95afa4f0ebaaefb303e1a4f172d03/Coinbase_petition_for_SEC_rulemaking.pdf https://blog.coinbase.com/the-crypto-securities-market-is-waiting-to-be-unlocked-but-first-we-need-workable-rules-c0ba63eabab3
SEC DOCUMENTS https://www.sec.gov/news/press-release/2022-127
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
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DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Elon Musk tried to terminate his merger agreement with Twitter and found himself sued by the social media platform in the process. Now, with Twitter asking the court to expedite the trial all the way to September, the Tesla CEO finds himself fighting to delay things.
It's time to move slowly and break things...in Virtual Legality.
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CHAPTERS 00:00 Introduction 01:08 A Summary of Twitter's Complaint 09:51 Musk's Opposition Motion 23:01 Background and Argument 47:17 Conclusion
Discussed in this episode:
YOUTUBE VIDEOS/PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_O52bErVCYZfVYMgVgu3nX https://youtu.be/5V0-twzlZik
MUSK OPPOSITION https://s3.documentcloud.org/documents/22088367/musk-response-to-twitter.pdf
TWITTER MDAU RECASTING https://s22.q4cdn.com/826641620/files/doc_financials/2022/q1/Final-Q1%e2%80%9922-earnings-release.pdf
TWITTER RESPONSE https://www.reuters.com/markets/deals/twitter-claims-musk-is-slow-walking-trial-over-44-bln-deal-2022-07-18/
MERGER AGREEMENT https://d18rn0p25nwr6d.cloudfront.net/CIK-0001418091/67572c16-711a-43fd-9488-b75e3f6bc469.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
To some folks, Microsoft and its Xbox brand "bought" Activision Blizzard 6 months ago already, but the reality is very different.
As regulators around the world continue to give close scrutiny to the near $70B transaction, one bit of news may suggest that the US and its Federal Trade Commission (FTC) could be all but required to allow the deal very soon.
But like all things in the law, the situation is a bit more complicated than it otherwise may appear.
Either the deal is rocketing down the tracks or Microsoft just made an aggressive (and high risk) move against the FTC...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/ar_C-PpkZdE
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CHAPTERS 00:00 Introduction 02:04 Deal Imminent? 10:47 The FTC Process (HSR) 23:51 An Analog in Amazon 28:47 Conclusion
Discussed in this episode:
YOUTUBE PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
TWEETS https://twitter.com/XcloudTimdog/status/1548507973684584448 https://twitter.com/PlayStation/status/1547989404269965314
ARTICLES https://www.videogameschronicle.com/news/microsofts-activision-buyout-could-be-approved-by-the-ftc-as-soon-as-next-month/ https://wccftech.com/ftc-requested-additional-info-on-microsoft-activision-blizzard-deal/ https://seekingalpha.com/news/3857237-microsoft-said-to-have-responded-to-ftcs-second-request-in-activision-deal https://www.wsj.com/articles/amazons-planned-purchase-of-mgm-to-be-reviewed-by-ftc-11624379614 https://www.wsj.com/articles/amazon-moves-to-force-ftc-antitrust-decision-on-mgm-deal-11646341124 https://www.reuters.com/legal/litigation/ftc-approaches-march-deadline-reviewing-amazon-mgm-deal-source-2022-03-03/ https://variety.com/2022/tv/news/amazon-mgm-merger-close-1235207852/ https://variety.com/2022/biz/news/ftc-may-challenge-amazon-mgm-deal-1235208241/ https://www.mayerbrown.com/en/perspectives-events/publications/2022/05/us-senate-confirms-5th-ftc-commissioner-now-what
LAW https://www.law.cornell.edu/uscode/text/15/18a https://www.ftc.gov/advice-guidance/competition-guidance/guide-antitrust-laws/mergers/premerger-notification-merger-review-process https://assets.publishing.service.gov.uk/media/62c5407cd3bf7f3002fadaf6/Commencement_notice.pdf https://comcom.govt.nz/__data/assets/pdf_file/0029/287534/Microsoft-Corporation-and-Activision-Blizzard-Inc-Statement-of-Preliminary-Issues-13-July-2022.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Elon musk has terminated his pending acquisition of Twitter. There's only one problem. Twitter doesn't agree.
What defenses does Twitter have in the merger agreement? How has it responded to Elon's "purported" termination? And what does Mr. Musk have to...tweet about all of this?
It's high powered law firms vs twitter memes today...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/MJMCCzAkvs8
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CHAPTERS 00:00 Introduction/Background 08:00 Twitter Pushes for the Deal 22:09 Conclusion/Elon Responds
Discussed in this episode:
YOUTUBE VIDEOS/PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_O52bErVCYZfVYMgVgu3nX https://youtu.be/seCRQJ3I22k
MERGER AGREEMENT https://d18rn0p25nwr6d.cloudfront.net/CIK-0001418091/67572c16-711a-43fd-9488-b75e3f6bc469.pdf https://twitter.com/elonmusk/status/1546344529460174849 https://twitter.com/elonmusk/status/1546361634347749376
TWEETS https://twitter.com/RMFifthCircuit/status/1545593855013265409 https://twitter.com/TwitterIR/status/1532694359463735296
TWITTER PRESS RELEASE https://www.prnewswire.com/news-releases/twitter-announces-expiration-of-hart-scott-rodino-waiting-period-for-transaction-with-elon-musk-301560891.html
SEC FILINGS https://d18rn0p25nwr6d.cloudfront.net/CIK-0001418091/a72ac6f0-bf57-4138-8691-c78a20bde1be.pdf https://d18rn0p25nwr6d.cloudfront.net/CIK-0001418091/44950876-7e24-4636-b9f0-e99c4a4b33ae.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Buying digital content has never been easier. Between Amazon, iTunes, Vudu, Xbox, PlayStation, Nintendo and more, your favorite game, song, or movie is just a click (and charge) away.
But now Ubisoft's plans to end support for a multitude of games has called it's entire ownership structure into question, and that of its platform partner Steam. Everything may not be as bad as initially feared, but it may just be a pause in what is becoming an increasingly fraught environment.
Requiescat in pace, DLC...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/GVCHj0PJLSU
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CHAPTERS 00:00 Introduction/Game and DLC Removal 08:21 Steam's Terms of Service 21:41 The Ubisoft Terms 25:41 Conclusion (Thanks, Nord!)
Discussed in this episode:
ARTICLES https://www.pcgamer.com/ubisoft-to-pull-online-from-older-games-which-also-takes-away-your-dlc/ https://www.eurogamer.net/new-assassins-creed-brotherhood-dlc https://www.pcgamer.com/ubisofts-online-decommissioning-may-render-three-games-unplayable-for-people-who-bought-them/?utm_source=twitter.com&utm_medium=social&utm_campaign=socialflow
STEAM TERMS https://store.steampowered.com/subscriber_agreement/ https://partner.steamgames.com/doc/store/retire_app https://store.steampowered.com/eula/260210_eula_0
UBISOFT TERMS https://www.ubisoft.com/en-gb/help/gameplay/article/decommissioning-of-online-services-september-2022/000102396?utm_source=narrativ https://legal.ubi.com/termsofuse/en-US
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Elon Musk's acquisition of social medial platform Twitter truly felt like it was on wobbly legs even before it began. From hostile boards, to poison pills, deal "holds", to spam accounts allegations -- it just never seemed like it was on sure footing. And today, that footing gave way.
What reasons did Musk give for his withdrawal? What does the Twitter Board have to say? And why is this all so, so likely to end up before a judge?
By the time this ends Tesla's might have ejector seats too...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/seCRQJ3I22k
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CHAPTERS 00:00 Introduction/Background 3:21 That $1B Guarantee 9:22 The Termination Letter 44:25 Twitter Board Threatens Suit (A Look at DE) 48:42 Closing Comments
Discussed in this episode:
YOUTUBE VIDEOS/PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_O52bErVCYZfVYMgVgu3nX https://youtu.be/g3Q7nL4ezzY https://youtu.be/sw_XU9H9yTg https://youtu.be/cCT6Sjacem0
TWEETS https://twitter.com/elonmusk/status/1525049369552048129 https://mobile.twitter.com/disclosetv/status/1545520694955581449 https://twitter.com/btaylor/status/1545526087089696768
MUSK SEC LETTERS (INCLUDING TERMINATION) https://d18rn0p25nwr6d.cloudfront.net/CIK-0001418091/2fa8a02b-d097-4089-a4bc-f857d7c03916.pdf https://www.sec.gov/Archives/edgar/data/1418091/000110465922078413/tm2220599d1_ex99-p.htm
MERGER AGREEMENT https://d18rn0p25nwr6d.cloudfront.net/CIK-0001418091/67572c16-711a-43fd-9488-b75e3f6bc469.pdf
GUARANTEE https://d18rn0p25nwr6d.cloudfront.net/CIK-0001418091/5f984392-7ed7-47fc-b8fa-e45b596b49cf.pdf
DE COURT EXAMPLE https://courts.delaware.gov/Opinions/Download.aspx?id=319750
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Buying digital content has never been easier. Between Amazon, iTunes, Vudu, Xbox, PlayStation, Nintendo and more, your favorite game, song, or movie is just a click (and charge) away.
But with PlayStation getting out of the movie delivery business altogether, the entire concept of digital "ownership" has come into question. And with good reason.
We won't sell out, but no promises on whether we'll license out...in Virtual Legality.
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CHAPTERS 00:00 Introduction/Movie Removal 09:15 The PSN Terms of Service 23:36 Conclusion (Thanks, Opal Studded Dagger!)
Discussed in this episode:
TWEETS https://twitter.com/JPrice02/status/1544859358219030529 https://twitter.com/HoegLaw/status/1386708086660993024
ARTICLES/BLOG POSTS https://www.flatpanelshd.com/news.php?subaction=showfull&id=1657022591 https://variety.com/2022/digital/news/playstation-store-pulling-access-to-purchased-studiocanal-movies-next-month-1235310863/ https://blog.playstation.com/2021/03/02/playstation-store-to-discontinue-movie-and-tv-purchases-and-rentals/
PLAYSTATION TERMS https://www.playstation.com/en-us/legal/psn-terms-of-service/ https://www.playstation.com/en-us/legal/playstation-store-cancellation-policy/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Final Fantasy XIV is one of the most popular multiplayer RPG's on Earth. So popular, in fact, that it seems that everyone wants to get the word out. But are billboards advertising a risque community get together going, perhaps, too far?
We like to make sure things are "above board"...in Virtual Legality.
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CHAPTERS 00:00 Introduction 2:40 Copyright Fundamentals 7:00 Trademark Fundamentals 11:37 Square Enix Account Agreement 21:02 User Agreement and Software License 31:56 Materials Usage Agreement 43:08 Conclusion
Discussed in this episode:
TWEETS https://twitter.com/Mrhappy1227/status/1544401751586918400 https://twitter.com/Julia_CaSsian/status/1544391962610089988
LAW AND LEGAL ANALYSIS https://www.law.cornell.edu/uscode/text/17/106 https://www.copyright.gov/circs/circ14.pdf https://www.law.cornell.edu/uscode/text/17/107 https://www.uspto.gov/trademarks/basics/what-trademark https://www.uspto.gov/trademarks/basics/trademark-patent-copyright https://www.law.cornell.edu/uscode/text/15/1114
SQUARE ENIX AGREEMENTS https://na.finalfantasyxiv.com/lodestone/topics/detail/c4aeca0b14ab2c96fe48fcf83cca93e6cb552c29 https://support.na.square-enix.com/rule.php?id=496&la=1&tag=sqexaccount https://support.na.square-enix.com/rule.php?id=5382&la=1&tag=users_en https://support.na.square-enix.com/rule.php?id=5382&la=1&tag=software_en https://support.na.square-enix.com/rule.php?id=5382&la=1&tag=authc
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Folks are eager to learn the fate of Microsoft's pending acquisition of Activision Blizzard. But as the Federal Trade Commission (FTC) pores over the paperwork, one thing seems certain: the deal just got a major boost.
The Union taketh away, but the Union also giveth...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/EB1ZzDZ9Rb0
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CHAPTERS 00:00 Introduction 05:08 The Press Release 11:36 The FTC Letter 23:55 Conclusion
Discussed in this episode:
HOEG LAW PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
PRESS RELEASES https://cwa-union.org/news/releases/cwa-microsoft-announce-labor-neutrality-agreement https://cwa-union.org/news/releases/cwa-supports-microsofts-proposed-acquisition-of-activision-blizzard
FTC LETTER https://cwa-union.org/sites/default/files/20220630_cwa_to_ftc_uppdated_position_msft_atvi.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Roe v Wade has been overturned. The US Supreme Court in the case of "Dobbs v Jackson Women's Health" has determined by a 6-3 vote (or was that 5-4?) that there is no right to abortion afforded by the US Constitution.
But what does it all mean? We've got 200+ pages of opinion, concurrences, and dissent to get through, to let's get started.
SCOTUS may never have a week like this one again...in Virtual Legality.
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CHAPTERS 00:00 Introduction 03:32 The Dobbs Opinion 53:54 The Thomas Concurrence (Substantive Due Process) 57:02 The Kavanaugh Concurrence (Neutrality) 1:03:51 The Roberts Concurrence (Narrowness) 1:10:00 The Dissent 1:39:47 Closing Comments
Discussed in this episode:
DOBBS https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Earlier this year, Destiny 2 fan channels like My Name is Byf were beset by DMCA takedown notices and allegations of infringement. Now, after receiving information subpoenaed from YouTube, Bungie is willing to point the finger at a member of their own community. And this one's a Lord.
Confused, crazy, or conniving? The line is thin...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/xrZ7GUp0g_Q
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CHAPTERS 00:00 Introduction (Thanks, Everyone!) 04:48 An Amended Complaint (Naming Names) 29:31 Lord Nazo (Allegedly) Makes His Move 39:24 Bungie Shows Its Receipts 53:04 A Look at the Legal Counts 1:04:05 Conclusion
Discussed in this episode:
YOUTUBE VIDEOS https://youtu.be/ZHBqIozJNc4 https://youtu.be/2W75qipKEVo
LAWSUITS https://torrentfreak.com/images/2-22-cv-00371-Bungie-v-John-Does-1-10-DMCA-Fraud-complaint-220325.pdf https://storage.courtlistener.com/recap/gov.uscourts.wawd.308508/gov.uscourts.wawd.308508.19.0.pdf
TWEETS https://twitter.com/AtlyxMusic/status/1539725847938072577 https://twitter.com/PaulTassi/status/1539966045104078851
LAWS https://www.law.cornell.edu/uscode/text/17/512 https://www.law.cornell.edu/uscode/text/17/501 https://www.law.cornell.edu/uscode/text/15/1125
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard (or ABK, inclusive of mobile developer King) has had a rough year, but as the company's pending acquisition by Microsoft continues to wind its way through the regulatory process, one game has been announced to release before any such deal could come to fruition: Overwatch 2.
The only issue? Overwatch 2 isn't actually releasing. At least not in the way we usually think.
The Company could always use more revenues...in Virtual Legality.
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CHAPTERS 00:00 Introduction (Thanks, FalkusVipus!) 2:09 Overwatch 2: A History 8:22 Overwatch 2 Goes Free-to-Play 14:27 Overwatch 2: Problems and Solutions 27:07 Conclusion
Discussed in this episode:
TWEET https://twitter.com/PlayOverwatch/status/1537489293241118722 https://twitter.com/AshReviewsGames/status/1533873853172174851/photo/3
ARTICLES/POSTS https://www.theverge.com/2019/11/1/20943766/blizzard-overwatch-2-sequel-announcement-blizzcon-2019 https://www.theverge.com/2021/5/20/22446374/overwatch-2-preview-five-player-multiplayer-new-maps-changes https://playoverwatch.com/en-us/news/23814216/overwatch-2-launches-october-4-as-a-free-to-play-live-experience/ https://www.theverge.com/2022/6/16/23170966/activision-blizzard-overwatch-2-reveal-event-pc-xbox
WEBSITE https://us.shop.battle.net/en-us/product/overwatch?blzcmp=ow_buy_nav
PLAYLISTS https://www.youtube.com/playlist?list=PL1zDCgJzZUy9jfV0TCfXZGAc1KiKP9dSC
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard's year of news appearances is almost unbelievable, but perhaps none more so than the announcement that Microsoft and Xbox is purchasing them for just under $70 BILLION in cash.
Microsoft may not have convinced anyone of its changing stance towards labor unions in blog form, but with a newly announced "Neutrality Agreement" between the tech giant and CWA, perhaps there really is a sea change coming...with Activision at its heart.
What makes a corporation turn neutral...in Virtual Legality?
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CHAPTERS 00:00 Introduction (Thanks, Opal Studded Dagger!) 01:34 Activision Recognizes Its Union 03:27 The Softer Side of Microsoft 04:57 Going Neutral 11:06 The Risks of Neutrality (Dana and NLRB) 20:55 Summarizing the Agreement 26:19 Conclusion
Discussed in this episode:
HOEG LAW PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
PRESS RELEASES https://investor.activision.com/news-releases/news-release-details/activision-blizzard-recognize-and-begin-negotiations-cwa https://cwa-union.org/news/releases/cwa-microsoft-announce-labor-neutrality-agreement
ARTICLES https://blogs.microsoft.com/on-the-issues/2022/06/02/employee-organizing-engagement-labor-economy/ https://www.washingtonpost.com/video-games/2022/06/13/microsoft-union-activision-blizzard-cwa/
LAW AND LEGAL ANALYSIS https://www.kmm.com/articles-659.html https://www.law.cornell.edu/uscode/text/29/158 https://www.nlrb.gov/resources/faq/nlrb#:~:text=Which%20employees%20are%20protected%20under,supervisors%20(with%20limited%20exceptions).
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Top Gun: Maverick is one of 2022's biggest box office success stories. But could a seldom referenced provision of the Copyright Act and a timely lawsuit cause Paramount to have to pull it from theaters?
The Copyright Act is dangerous (to) Maverick...in Virtual Legality.
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CHAPTERS 00:00 Introduction (Thanks, Nord!) 01:47 Paramount Sued over Top Gun: Maverick 06:33 The Copyright Act and Statutory Termination 13:43 Terminating the License 19:31 Claiming Infringement 30:54 Conclusion
Discussed in this episode:
ARTICLES https://deadline.com/2022/06/top-gun-maverick-tom-cruise-500-million-second-weekend-jurassic-world-dominion-doctor-strange-global-international-boxofficeinternational-box-office-1235038582/
LAWSUIT https://heitnerlegal.com/wp-content/uploads/Top-Gun-lawsuit.pdf https://en.wikipedia.org/wiki/Top_Gun:_Maverick https://screenrant.com/top-gun-maverick-release-date-move-hurt-mission-impossible/
LAWS https://www.law.cornell.edu/uscode/text/17/106 https://www.law.cornell.edu/uscode/text/17/203
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
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DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Elon Musk says Twitter has a bot problem. Twitter disagrees. But in purportedly failing to deliver the data he requested, Twitter appears to have given Mr. Musk the escape hatch he needs: material breach.
What is breach and are these two simply playing games with one another? Let's discuss.
Even the immaterial can be material...in Virtual Legality.
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CHAPTERS 00:00 Introduction and Background 04:56 Musk Threatens to Walk Away 23:08 Conclusion
Discussed in this episode:
PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_O52bErVCYZfVYMgVgu3nX
TWEET https://twitter.com/elonmusk/status/1525049369552048129
MERGER AGREEMENT https://d18rn0p25nwr6d.cloudfront.net/CIK-0001418091/67572c16-711a-43fd-9488-b75e3f6bc469.pdf
LETTER https://d18rn0p25nwr6d.cloudfront.net/CIK-0001418091/2fa8a02b-d097-4089-a4bc-f857d7c03916.pdf
ARTICLE https://apnews.com/article/elon-musk-twitter-inc-spacex-technology-c371e7682d490b637fb6031d1f7e5d87
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard's year of news appearances is almost unbelievable, but perhaps none more so than the announcement that Microsoft and Xbox is purchasing them for just under $70 BILLION in cash.
But with news of a newly unionized Raven and a deal still being reviewed by regulatory agencies across the globe, Microsoft has to say something, right?
If it's a labor, Microsoft wants you to believe its a labor of love...in Virtual Legality.
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CHAPTERS 00:00 Introduction 01:06 The Raven Union 06:34 NLRB Complaint 13:05 Microsoft Embraces Unions? 26:40 Conclusion
Discussed in this episode:
HOEG LAW PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
ARTICLES https://www.washingtonpost.com/video-games/2022/05/23/activision-blizzard-union-raven/ https://www.polygon.com/22834924/vodeo-games-first-video-game-union-north-america-code-cwa https://www.bloomberg.com/news/articles/2022-05-23/activision-illegally-threatened-staff-us-labor-officials-find https://blogs.microsoft.com/on-the-issues/2022/02/09/open-app-store-principles-activision-blizzard/ https://blogs.microsoft.com/on-the-issues/2022/06/02/employee-organizing-engagement-labor-economy/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Sony has announced its plans for future world domination, but is a focus on live services set to change the PlayStation brand forever?
The future is here and it's a GaaS...in Virtual Legality.
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Discussed in this episode:
PRESENTATION https://www.sony.com/en/SonyInfo/IR/library/presen/irday/pdf/2022/GNS_E.pdf
ARTICLE https://www.videogameschronicle.com/news/jim-ryan-says-playstation-has-2-unannounced-live-service-games-coming-this-fiscal-year/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Why did Elon Musk just put the Twitter deal "on hold", and could his $1B guaranty have anything to do with it?
There are a billion reasons to look for fault in Twitter...in Virtual Legality.
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CHAPTERS 00:00 Introduction
Conclusion (Thanks, Opal Studded Dagger!)
Discussed in this episode:
PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_O52bErVCYZfVYMgVgu3nX
TWEET https://twitter.com/elonmusk/status/1525049369552048129
ARTICLES https://www.reuters.com/technology/twitter-estimates-spam-fake-accounts-represent-less-than-5-users-filing-2022-05-02/ https://www.theverge.com/2022/4/28/23046170/twitter-miscounted-daily-users-three-years-q1-2022-earnings
MERGER AGREEMENT https://d18rn0p25nwr6d.cloudfront.net/CIK-0001418091/67572c16-711a-43fd-9488-b75e3f6bc469.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Starfield and Redfall two of Xbox's most anticipated 2022 titles, are no longer 2022 titles. Bethesda's hype machine has backfired.
Get excited, just not right now...in Virtual Legality.
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Discussed in this episode:
TWEETS https://twitter.com/bethesda/status/1524721132720566272/photo/1 https://twitter.com/HoegLaw/status/1508847487007825926 https://twitter.com/SG_Bitcast/status/1524045731983728642 https://twitter.com/HoegLaw/status/1404124165280616451 https://twitter.com/HoegLaw/status/1504116975848636416 https://twitter.com/HoegLaw/status/1436123266276642816
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Valve's Steam platform joins the formal antitrust lawsuit party, but why is the Court's holding on Most Favored Nation (MFN) provisions not as dispositive as it might first appear?
Not even the G-Man knows where this all winds up...in Virtual Legality.
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CHAPTERS 00:00 Introduction (Thanks FalkusVipus!) 01:24 Wolfire v Valve 06:01 The Case Survives (in part) 25:14 The Problem with MFNs 28:52 Conclusion
Discussed in this episode:
HOEG LAW VIDEO https://youtu.be/mOEG5qmMQas
LAWSUIT DOCUMENTS https://s3.documentcloud.org/documents/20466284/steam.pdf https://storage.courtlistener.com/recap/gov.uscourts.wawd.298754/gov. https://www.bloomberglaw.com/public/desktop/document/WolfireGamesLLCetalvValveCorporationDocketNo221cv00563WDWashApr27/3?1652211577
STEAM KEYS https://partner.steamgames.com/doc/features/keys
LAW ARTICLES AND LEGAL ANALYSIS https://news.bloomberglaw.com/class-action/valve-loses-bid-to-end-antitrust-case-over-steam-gaming-platform https://www.hausfeld.com/en-us/what-we-think/competition-bulletin/confusion-continues-in-the-antitrust-evaluation-of-most-favored-nation-provisions/ https://www.justice.gov/sites/default/files/atr/legacy/2012/09/11/286852.pdf
WORLD OPPONENT NETWORK https://en.wikipedia.org/wiki/World_Opponent_Network
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
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DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard's year of news appearances is almost unbelievable, but perhaps none more so than the announcement that Microsoft and Xbox is purchasing them for just under $70 BILLION in cash.
Headlines now talk of New York City suing Activision for the alleged transgressions of CEO Bobby Kotick, but...it's a bit less salacious than all that...so far.
There's never been a more publicized records request...in Virtual Legality.
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Discussed in this episode:
HOEG LAW PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
HEADLINES https://www.pcgamer.com/new-york-city-sues-activision-blizzard-says-bobby-kotick-is-unfit-to-negotiate-the-microsoft-buyout/ https://kotaku.com/activision-blizzard-nyc-lawsuit-bobby-kotick-microsoft-1848880896 https://news.yahoo.com/activision-blizzard-lawsuit-bobby-kotick-microsoft-new-york-city-175110274.html https://www.eurogamer.net/new-lawsuit-alleges-activision-ceo-rushed-through-microsoft-acquisition-to-escape-liability-for-wrongdoing https://www.axios.com/2022/05/04/new-york-city-sues-activision https://www.nytimes.com/2022/05/04/business/new-york-city-sues-activision-blizzard.html
TWEETS https://twitter.com/stephentotilo/status/1521890155552034818
LAW AND LAWSUITS https://s3.documentcloud.org/documents/21864041/new-york-activision-complaint.pdf https://www.skadden.com/insights/publications/2021/10/the-informed-board/this-isnt-your-grandparents-books-and-records
PRESS RELEASE https://www.businesswire.com/news/home/20220428005998/en/Activision-Blizzard-Stockholders-Approve-Proposed-Microsoft-Transaction
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
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DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
As the United States Supreme Court (SCOTUS) contemplates its decision on the most controversial case of the term, it is rocked by an unprecedented leak of the Justices' thinking -- still in progress.
But what does it all mean?
It's a very leaky Supreme Court, today...in Virtual Legality.
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CHAPTERS 00:00 Introduction 02:51 Understanding Roe 15:40 Understanding Casey 29:22 Understanding Dobbs (Draft Version) 49:39 SCOTUS, Institutions, and The Leak 57:52 Final Thoughts
Discussed in this episode:
ARTICLE SOURCES https://www.politico.com https://www.scotusblog.com
CASES/LAW https://supreme.justia.com/cases/federal/us/410/113/ https://www.law.cornell.edu/constitution/amendmentxiv https://supreme.justia.com/cases/federal/us/505/833/
TWEETS https://twitter.com/HoegLaw/status/1521305550717345797 https://twitter.com/HoegLaw/status/1521329103558873088 https://twitter.com/HoegLaw/status/1521312334374912000 https://twitter.com/Bungie/status/1521665031074631680
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
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DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
(NOTE: My loving computer flipped off my microphone in favor of my laptop mic for this one, and I sincerely apologize. I believe it still comes through, but it is obviously very far from ideal. Apologies to your ears.)
Embracer Group "embraces" Square Enix subsidiaries Crystal Dynamics and Eidos (as well as IP like Tomb Raider, Deus Ex, and Legacy of Kain), while Square Enix "embraces" an entirely different view of the future.
What does this acquisition mean (and what does it not)?
Two competing visions of the future - sounds like a good concept for a video game...in Virtual Legality.
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Discussed in this episode:
PRESS RELEASES https://embracer.com/release/embracer-group-enters-into-an-agreement-to-acquire-eidos-crystal-dynamics-and-square-enix-montreal-amongst-other-assets/ https://www.hd.square-enix.com/eng/news/pdf/20220502%20A_Press%20Release_fin.pdf
ARTICLES https://www.videogameschronicle.com/news/square-enix-claims-crystal-dynamics-was-the-wrong-fit-for-disappointing-marvels-avengers/ https://venturebeat.com/2021/09/29/why-the-initiative-hired-crystal-dynamics-to-help-with-perfect-dark/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
As Sony prepares to offer three new and (hopefully) exciting tiers of PlayStation Plus built from the corpse of PlayStation Now, just what to do about all the gift cards and vouchers out in the wild becomes an increasingly difficult problem -- especially if the lawyers have anything to say about it.
Sony's making some interesting business decisions...in Virtual Legality.
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Discussed in this episode:
BLOGS AND ARTICLES https://blog.playstation.com/2022/03/29/all-new-playstation-plus-launches-in-june-with-700-games-and-more-value-than-ever/ https://www.videogameschronicle.com/news/sony-pulling-ps-now-retail-cards-ahead-of-expected-launch-of-game-pass-rival/ https://www.videogameschronicle.com/news/sony-has-reportedly-blocked-playstation-plus-and-ps-now-subscription-stacking/ https://www.videogameschronicle.com/news/sony-has-confirmed-its-blocked-ps-plus-and-now-subscription-stacking/
TWEET https://twitter.com/Wario64/status/1510661773065555969
PLAYSTATION TERMS https://www.playstation.com/en-us/ps-plus/ https://www.playstation.com/en-us/support/store/redeem-ps-store-voucher-code/ https://www.amazon.com/Sony-PlayStation-Month-Subscription-24-99/dp/B08T7MTYP5/ https://www.playstation.com/en-us/legal/psn-terms-of-service/
LAW https://www.michigan.gov/ag/consumer-protection/consumer-alerts/consumer-alerts/shopping/gift-cards-certificates
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard's year of news appearances is almost unbelievable, but perhaps none more so than the announcement that Microsoft and Xbox is purchasing them for just under $70 BILLION in cash.
Now with the merger taking the long, slow road to what many expect to be the biggest closing in gaming history, certain journalistic outlets (Bloomberg) are searching for new angles to analyze both the markets and the deal's chance of success.
But...
New angles are not necessary good angles...in Virtual Legality.
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Discussed in this episode:
HOEG LAW PLAYLISTS https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8 https://www.youtube.com/playlist?list=PL1zDCgJzZUy_O52bErVCYZfVYMgVgu3nX
TWEETS https://twitter.com/Saltiest_Gaming/status/1519704695920496640/photo/1 https://twitter.com/HoegLaw/status/1519696177813499904
ARTICLES/PRESS RELEASES wsj.com/articles/us-inflation-consumer-price-index-march-2022-11649725215 https://www.videogameschronicle.com/news/soc-investment-group-urges-activision-shareholders-to-vote-against-xbox-deal/ https://www.businesswire.com/news/home/20220428005998/en/Activision-Blizzard-Stockholders-Approve-Proposed-Microsoft-Transaction
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Did Elon Musk really breach the Twitter merger agreement already? What are people accusing him of, and why is the question much more complicated than some have portrayed?
Who disparages the disparagers...in Virtual Legality.
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CHAPTERS 00:00 Introduction 01:23 Asking the FCC? 04:04 Mean Tweet Breach? 14:27 Disparagement and Delaware 17:52 Conclusion
Discussed in this episode:
PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_O52bErVCYZfVYMgVgu3nX
FCC QUESTIONS https://www.openmarketsinstitute.org/publications/open-markets-details-how-us-government-can-block-musk-takeover-of-twitter https://www.fcc.gov/document/carr-rejects-call-fcc-block-musks-purchase-twitter
TWEETS https://twitter.com/PalmerReport/status/1519201332707569665 https://twitter.com/elonmusk/status/1519073003933515776
ARTICLES https://nypost.com/2021/03/25/dorsey-says-blocking-posts-hunter-biden-story-was-total-mistake/ https://qz.com/2159764/elon-musk-already-broke-his-agreement-with-twitter/amp/
MERGER AGREEMENT https://d18rn0p25nwr6d.cloudfront.net/CIK-0001418091/67572c16-711a-43fd-9488-b75e3f6bc469.pdf
DELAWARE EXAMPLE https://courts.delaware.gov/Opinions/Download.aspx?id=267140
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
We now have the merger agreement between Elon Musk and Twitter, and there are some very interesting things buried within.
It's rare to see a "virtually" unconditional $1B guarantee...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/cCT6Sjacem0
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CHAPTERS 00:00 Introduction 01:10 Merger Highlights 15:09 The Merger Agreement - Overview 21:27 The Merger Agreement - Reps and Warranties 27:29 The Merger Agreement - Promises (and Potential for Breach) 36:29 The Merger Agreement - Penalties and Termination 41:07 Elon's $1B Guarantee 42:35 Conclusion
Discussed in this episode:
PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_O52bErVCYZfVYMgVgu3nX
ARTICLES https://www.politico.com/news/2022/04/26/twitters-top-lawyer-reassures-staff-cries-during-meeting-about-musk-takeover-00027931 https://finance.yahoo.com/news/twitter-locks-down-product-changes-195751959.html
SEC FILINGS https://d18rn0p25nwr6d.cloudfront.net/CIK-0001418091/67572c16-711a-43fd-9488-b75e3f6bc469.pdf https://d18rn0p25nwr6d.cloudfront.net/CIK-0001418091/5f984392-7ed7-47fc-b8fa-e45b596b49cf.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
The finality of Elon Musk's purchase of Twitter is greatly exaggerated. Let's talk about what's next.
Looks like Elon Musk is the star of episode 666...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/_Po-rPoxSbs
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CHAPTERS 00:00 Introduction 01:50 Reports are Greatly Exaggerated 08:07 Gems in the Press Release 19:00 Can they Force the Shareholders? (DGCL) 23:02 How About Regulatory Review? (FTC) 26:41 Conclusion
Discussed in this episode:
PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_O52bErVCYZfVYMgVgu3nX
ARTICLES https://www.theverge.com/2022/4/25/23028323/elon-musk-twitter-offer-buyout-hostile-takeover-ownership https://www.inquirer.com/business/technology/twitter-elon-musk-negotiating-purchase-reports-20220425.html https://www.npr.org/2022/04/25/1094671225/elon-musk-bought-twitter-plans
SEC FILINGS https://d18rn0p25nwr6d.cloudfront.net/CIK-0001418091/365cdcff-74ce-4e49-95d9-d7436fdf2c5f.pdf https://d18rn0p25nwr6d.cloudfront.net/CIK-0001418091/882ad443-1bb2-4530-b618-cec65377bdb5.pdf https://investor.activision.com/static-files/eae7f6a4-35b2-4884-9f7e-397dfdd1890b
DE MERGER LAW https://delcode.delaware.gov/title8/c001/sc09/index.html
ANTITRUST REVIEW https://www.ftc.gov/advice-guidance/competition-guidance/guide-antitrust-laws/mergers/premerger-notification-merger-review-process https://www.federalregister.gov/documents/2022/01/24/2022-01214/revised-jurisdictional-thresholds-for-section-7a-of-the-clayton-act https://www.law.cornell.edu/uscode/text/15/18a https://www.law.cornell.edu/uscode/text/15/18
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Once Elon Musk showed he was serious, it was the Twitter Board's fiduciary duty to match. And here we are.
It certainly looks like everything is coming up Musk...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/ShwZdYpkKDs
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Discussed in this episode:
PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_O52bErVCYZfVYMgVgu3nX
ARTICLES https://finance.yahoo.com/news/twitter-board-gets-an-f-for-dealing-with-elon-musk-former-sec-chairman-163756232.html https://www.reuters.com/technology/exclusive-twitter-set-accept-musks-best-final-offer-sources-2022-04-25/ https://finance.yahoo.com/news/twitter-board-gets-an-f-for-dealing-with-elon-musk-former-sec-chairman-163756232.html https://www.foxbusiness.com/markets/elon-musk-holding-companies-twitter https://www.foxbusiness.com/politics/twitter-re-examines-musks-bid-tesla-ceo-secures-financing https://www.wsj.com/articles/twitter-re-examines-elon-musks-bid-may-be-more-receptive-to-a-deal-11650822932
SEC FILINGS https://www.sec.gov/Archives/edgar/data/0001418091/000110465922045641/tm2212748d1_sc13da.htm https://www.sec.gov/Archives/edgar/data/0001494730/000110465922048128/tm2213229d1_sc13da.htm https://www.sec.gov/Archives/edgar/data/1418091/000110465922048128/tm2213229d1_ex99-e.htm
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
The US National Labor Relations Board (NLRB) has just handed the proposed Raven Software QA union its first big win...and it might not just be limited to Activision.
Labor relations are a real Warzone...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/mDY_Po0pj2g
SUPPORTING THE CHANNEL
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CHAPTERS 00:00 Introduction 02:05 Foundational Principles (Bargaining Units) 08:30 The NLRB Decision - Overview 13:20 The NLRB Decision - How Raven Operates 20:44 The NLRB Decision - What QA Does 30:04 The NLRB Decision - Legal Analysis (Balancing Test) 50:20 Calling an Election (Appeals) 53:46 Conclusion
Discussed in this episode:
H/T: https://twitter.com/bluspacecow/status/1517782292202098688
PLAYLIST "Activision Under Fire: A Legal View" https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ
NLRB ACTIVISION DOCKET https://www.nlrb.gov/case/18-RC-289570
LABOR LAW https://www.nlrb.gov/sites/default/files/attachments/basic-page/node-3024/basicguide.pdf https://repository.law.miami.edu/cgi/viewcontent.cgi?article=1374&context=umblr https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/interfering-with-employee-rights-section-7-8a1 https://www.law.cornell.edu/cfr/text/29/102.67
THE NLRB DECISION https://apps.nlrb.gov/link/document.aspx/09031d45836fc2e4
ARTICLES AND TWEETS https://www.washingtonpost.com/video-games/2022/01/21/activision-blizzard-union-game-workers-alliance/ https://twitter.com/sweetpotatoes/status/1485799764033740805 https://www.theverge.com/23015299/activision-blizzard-raven-software-unionizing-employees-qa-raises https://www.theverge.com/2022/4/22/23037874/raven-software-qa-employees-union-election-activision-blizzard-nlrb
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
What do you get when you mix a political tinderbox, an untouchable media corporation, and a governor determined to make a point? A Virtual Legality Episode.
Join us as we discuss just what Florida's Reedy Creek Improvement District (RCID) actually does for Disney and Walt Disney World, how its dissolution might (or might not) effect things, and why the nature of the legislation propose means things are very, very likely to go into litigation.
The House of Mouse and the Sunshine State have gone to war...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/JUwSM6dQl4c
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CHAPTERS 00:00 Introduction/ The Reedy Creek Improvement District 09:49 A War of Rhetoric 14:38 Florida's Bill 29:52 Constitutional Concerns 43:04 Conclusion
Discussed in this episode:
REEDY CREEK IMPROVEMENT DISTRICT ACT (AND SUMMARIES) https://www.rcid.org/wp-content/uploads/2015/10/RCID-Charter.pdf https://allears.net/walt-disney-world-chronicles-the-story-of-the-reedy-creek-improvement-district/
WAR OF RHETORIC https://twitter.com/WaltDisneyCo/status/1508494672817123330 https://www.newsweek.com/disney-crossed-line-dont-say-gay-repeal-claim-desantis-says-1693006 https://twitter.com/SpencerRoachFL/status/1509119958369902595 https://www.clickorlando.com/news/local/2022/03/31/florida-gov-desantis-discusses-potential-of-repeal-of-disneys-reedy-creek-act/ https://allears.net/2022/04/19/news-florida-governor-adds-removal-of-disney-worlds-self-governance-to-special-session/
THE LEGISLATURE ACTS https://www.wesh.com/article/florida-senate-approves-stripping-disney-self-government-power/39776410 https://www.nbcnews.com/politics/politics-news/florida-house-passes-bill-dissolve-disneys-special-self-governing-stat-rcna25337
THE BILL AND ITS EFFECTS https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_s0004Cer.DOCX&DocumentType=Bill&BillNumber=0004C&Session=2022C https://www.flsenate.gov/Laws/statutes/2015/189.072 https://www.flsenate.gov/Laws/Statutes/2015/189.076 https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=h0003Cb.SAC.DOCX&DocumentType=Analysis&BillNumber=0003C&Session=2022C https://www.orlandosentinel.com/business/tourism/laborland/os-bz-tourism-industry-disney-taxes-20191218-hc622hqsxzgdjikyfbgxx3fw7y-story.html https://www.wftv.com/news/local/end-reedy-creek-disney-wont-pay-more-taxes-you-will/3TK6ASNJT5EXHICW3DQ3ZHEZYA/
1983 AND THE FIRST AMENDMENT https://www.law.cornell.edu/uscode/text/42/1983 https://www.law.cornell.edu/constitution/first_amendment https://www.law.cornell.edu/supct/html/08-205.ZO.htmlhttps://supreme.justia.com/cases/federal/us/518/668/#tab-opinion-1959933 https://casetext.com/case/revels-v-vincenz#p876
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Twitter's "Poison Pill" plan is so much more damaging than it first appeared. But will it stop a motivated Elon Musk?
That Pill is Poison...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/fAhmRuuc_8k
SUPPORTING THE CHANNEL
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Discussed in this episode:
PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_O52bErVCYZfVYMgVgu3nX
THE RIGHTS PLAN ANNOUNCEMENT https://www.prnewswire.com/news-releases/twitter-adopts-limited-duration-shareholder-rights-plan-enabling-all-shareholders-to-realize-full-value-of-company-301526627.html
SEC FILINGS https://d18rn0p25nwr6d.cloudfront.net/CIK-0001418091/a286d5af-613e-47a2-bfb2-97fb2423dd5c.pdf https://www.sec.gov/Archives/edgar/data/0001494730/000110465922048128/tm2213229d1_sc13da.htm
LAW AND LEGAL ANALYSIS https://law.justia.com/cases/delaware/supreme-court/1985/493-a-2d-946-9.html
ARTICLES https://finance.yahoo.com/news/twitter-board-gets-an-f-for-dealing-with-elon-musk-former-sec-chairman-163756232.html https://www.theverge.com/2022/4/21/23033445/elon-musk-twitter-bank-debt-commitment-letter
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard's year of news appearances is almost unbelievable, but perhaps none more so than the announcement that Microsoft and Xbox is purchasing them for just under $70 BILLION in cash.
Now news has broken that Activision is amending its prior SEC filings to emphasize that absolutely no deals have been brokered with Bobby Kotick in respect of the company's ownership by Microsoft? But why are such amendments being made?
Sometimes winning a lawsuit just means getting a good redline...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/UdQMEw56fW4
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Discussed in this episode:
HOEG LAW PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ
TWEET https://twitter.com/stephentotilo/status/1515880416011595788
ACTIVISION INVESTOR RELATIONS https://investor.activision.com/financial-information/sec-filings
SEC FILINGS/LAWSUIT https://investor.activision.com/static-files/e3b5c8d8-c060-4773-9bdd-d6a337b76823 https://storage.courtlistener.com/recap/gov.uscourts.cacd.844853/gov.uscourts.cacd.844853.1.0.pdf https://investor.activision.com/static-files/eae7f6a4-35b2-4884-9f7e-397dfdd1890b
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Elon Musk has put his money where his mouth is, purchasing a substantial portion of Twitter's outstanding stock and bidding to purchase the rest.
But it's clear Twitter's board is hostile to his intentions, as it swallows a poison pill to try to keep the tech titan at bay.
But what is a "poison pill"? How can the board block open market action? And why did things just get a lot more likely to go to litigation?
The Twitter Board better hope it got that dosage right...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/76rZheRpnJ4
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Discussed in this episode:
PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_O52bErVCYZfVYMgVgu3nX
THE RIGHTS PLAN ANNOUNCEMENT https://www.prnewswire.com/news-releases/twitter-adopts-limited-duration-shareholder-rights-plan-enabling-all-shareholders-to-realize-full-value-of-company-301526627.html
LAW AND LEGAL ANALYSIS https://www.jstor.org/stable/40687130?mag=why-companies-swallow-poison-pills&seq=1 https://en.wikipedia.org/wiki/Unocal_Corp._v._Mesa_Petroleum_Co. https://law.justia.com/cases/delaware/supreme-court/1985/493-a-2d-946-9.html
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Elon Musk has put his money where his mouth is, purchasing a substantial portion of Twitter's outstanding stock before putting in an offer for all the rest.
But what is the cost of joking around?
Pretty soon we'll be talking about real money...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/-DjImdKRwH0
SUPPORTING THE CHANNEL
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Discussed in this episode:
PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_O52bErVCYZfVYMgVgu3nX
TWEETS AND ARTICLES https://twitter.com/elonmusk/status/1026872652290379776 https://www.axios.com/us-government-sues-elon-musk-1538079032-7f3dfc1c-ea3a-4f00-a8b9-d2cb8f9d0c57.html
SEC FILINGS https://www.sec.gov/Archives/edgar/data/0001418091/000110465922045641/tm2212748d1_sc13da.htm
PRICING HISTORY https://www.wsj.com/market-data/quotes/TWTR/historical-prices
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Elon Musk has put his money where his mouth is, purchasing a substantial portion of Twitter's outstanding stock.
But with his third amended filing with the Securities and Exchange Commission (SEC) now public, all the cards on the table. Will the board approve the sale of all of Twitter, or set the stage for one of the most public hostile takeovers in US history?
You just know he laughed as he added that twenty cents...in Virtual Legality.
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CHAPTERS 00:00 Introduction 01:43 History - The Williams Act 08:56 Elon Makes His Bid 26:52 Board Defenses and Hostile Takeovers 39:18 Conclusion
Discussed in this episode:
PLAYLIST AND PRIOR VIDEOS https://www.youtube.com/playlist?list=PL1zDCgJzZUy_O52bErVCYZfVYMgVgu3nX https://youtu.be/OPi60M-UZ1M https://youtu.be/I-rYQiNasmU
TWEETS "I made an offer..." Elon Musk (April 14, 2022) https://twitter.com/elonmusk/status/1514564966564651008
"Elon has decided not to join our board..." Parag Agrawal (April 10, 2022) https://twitter.com/paraga/status/1513354622466867201
"I read somewhere that the Twitter CEO/board pretty much has to accept" Daniel Sampaio (April 14, 2022) https://twitter.com/DanXcel/status/1514602107491348480
LAWS AND LEGAL ANALYSIS "What is the Williams Act?" Corporate Finance Institute Webpage https://corporatefinanceinstitute.com/resources/knowledge/finance/williams-act/
15 U.S. Code § 78m - Periodical and other reports https://www.law.cornell.edu/uscode/text/15/78m
17 CFR § 240.13d-1 - Filing of Schedules 13D and 13G https://www.law.cornell.edu/cfr/text/17/240.13d-1
DGCL 203. Business combinations with interested stockholders. https://delcode.delaware.gov/title8/c001/sc06/index.html
ARTICLES/PRESS RELEASES "Elon Musk faces shareholder lawsuit over delay in disclosing Twitter stake" Fox Business (April 13, 2022) https://www.foxbusiness.com/markets/elon-musk-sued-by-shareholders-over-delay-in-disclosing-twitter-stake
"Twitter Confirms Receipt of Unsolicited, Non-Binding Proposal from Elon Musk" Twitter (April 14, 2022) https://www.prnewswire.com/news-releases/twitter-confirms-receipt-of-unsolicited-non-binding-proposal-from-elon-musk-301525749.html
"Delaware’s Antitakeover Statute Continues to Give Hostile Bidders a Meaningful Opportunity for Success" Harvard Law School Forum on Corporate Governance (July 29, 2010) https://corpgov.law.harvard.edu/2010/06/29/delawares-antitakeover-statute-continues-to-give-hostile-bidders-a-meaningful-opportunity-for-success/
"Why Is a Shareholder Rights Plan Called a "Poison Pill?"" Investopedia Website (As Updated April 13, 2022) https://www.investopedia.com/ask/answers/042015/why-shareholder-rights-plan-called-poison-pill.asp
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
California's Department of Fair Employment and Housing (DFEH) tried and failed to stop the US Equal Employment Opportunity Commission (EEOC) from settling with Activision Blizzard, but the two agencies' fight was one of the ugliest in recent memory.
Now, reports have leaked that the lead lawyers for the DFEH have either been fired or resigned as a result of "interference" from their own state's Governor Gavin Newsom.
I'm sorry, what?
A whole, whole lot to discuss here.
CHECK OUT THE VIDEO AT: https://youtu.be/IIIdsnyWFpc
It turns out executive branch departments are still lead by the executive ...in Virtual Legality.
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Discussed in this episode:
"Activision Under Fire: A Legal View" - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ
"COLLUDING WITH ACTIVISION? | California's DFEH Escalates War on EEOC (VL624)" - Hoeg Law (February 8, 2022) https://studio.youtube.com/channel/UCi5RTzzeCFurWTPLm8usDkQ?o=U
TWEETS https://twitter.com/HoegLaw/status/1511830466831257603
ARTICLE "California Lawyer Quits Over Allegation Newsom Meddled in Activision Case" - Bloomberg (April 13, 2022) https://www.bloomberg.com/news/articles/2022-04-13/california-lawyer-says-governor-interfered-with-activision-suit
LAW AND LEGAL ANALYSIS https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1102.5&lawCode=LAB# https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CONS&division=&title=∂=&chapter=&article=V https://codes.findlaw.com/ca/government-code/gov-sect-11150.html https://codes.findlaw.com/ca/government-code/gov-sect-11152.html https://codes.findlaw.com/ca/government-code/gov-sect-11154.html https://codes.findlaw.com/ca/government-code/gov-sect-11157.html https://codes.findlaw.com/ca/government-code/gov-sect-12901.html https://www.justia.com/criminal/docs/calcrim/2600/2603/
MISC https://www.dfeh.ca.gov/ExecBios/Director/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
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DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Elon Musk has put his money where his mouth is, purchasing a substantial portion of Twitter's outstanding stock.
But with a rapid turnaround from acceptance to rejection of a seat on the Twitter board of directors following such purchase, what can we surmise about just what happened here? What of fiduciary duties? Is a hostile takeover imminent?
Who needs duties when you have money...in Virtual Legality?
CHECK OUT THE VIDEO AT: https://youtu.be/OPi60M-UZ1M
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CHAPTERS 00:00 Introduction 01:20 Offering a Seat at the Table 06:35 Board Membership Rejected 12:39 Understanding Fiduciary Duty 20:10 Rejecting Duties 28:54 Conclusion
Discussed in this episode:
ARTICLES "Elon Musk buys 9.2% stake in Twitter, making him the largest shareholder" - CNN.com (April 4, 2022) https://www.cnn.com/2022/04/04/investing/elon-musk-twitter-shares-stake/index.html
"Musk backing off Twitter board opens door to hostile takeover" - CNBC (April 11, 2022) https://www.cnbc.com/2022/04/11/musk-backing-off-twitter-board-opens-door-to-hostile-takeover.html
HOEG LAW VIDEOS "Elon Musk Buys 9% of Twitter | Motivation: Free Speech...or Lulz? (VL653)" (April 4, 2022) https://youtu.be/I-rYQiNasmU
SEC FILINGS FORM 8-K - Twitter, Inc. (April 4, 2022) https://www.sec.gov/ix?doc=/Archives/edgar/data/0001418091/000119312522095651/d342257d8k.htm
SCHEDULE 13D - Elon Musk (April 4, 2022) https://www.sec.gov/Archives/edgar/data/1418091/000110465922042863/tm2211757d1_sc13d.htm
AMENDMENT No. 1 to SCHEDULE 13D/A (April 9, 2022) https://www.sec.gov/Archives/edgar/data/1418091/000110465922044481/tm2212422d1_sc13da.htm
TWEETS "I’m excited to share..." - Padrag Agrawal (April 5, 2022) https://twitter.com/paraga/status/1511320953598357505?s=20&t=vPJ6oI5RtjC3uaFJI8Ar3Q
"Looking forward to working with Parag & Twitter board..." - Elon Musk (April 5, 2022) https://twitter.com/elonmusk/status/1511322655609303043
"Elon has decided not to join our board..." - Padrag Agrawal (April 11, 2022) https://twitter.com/paraga/status/1513354622466867201
LAW AND LEGAL ANALYSIS DGCL Section 141 https://delcode.delaware.gov/title8/c001/sc04/
"Social Responsibility and Enlightened Shareholder Primacy: Views from the Courtroom and Boardroom" - HLS Forum (February 21, 2019) https://corpgov.law.harvard.edu/2019/02/21/social-responsibility-and-enlightened-shareholder-primacy-views-from-the-courtroom-and-boardroom/
"Directors’ Fiduciary Duties: Back to Delaware Law Basics" - Skadden (February 19, 2020) https://www.skadden.com/insights/publications/2020/02/directors-fiduciary-duties
"DUTIES OF CONTROLLING STOCKHOLDERS" - Berchem, Deutsch & Houpt (June 2012) https://www.akingump.com/a/web/22475/aohG6/duties-of-controlling-stockholders-pli_article_june-2012.pdf
"What are Board Observer Rights, and How Should They be Structured?" - Doida Crow Legal (June 17, 2020) https://www.doidacrow.com/what-are-board-observer-rights-and-how-should-they-be-structured/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Epic Games and CEO Tim Sweeney's dreams of the metaverse just got a big $2 billion boost...from Sony and Lego.
What does it all mean? And what is the future for this "metaverse" anyway?
With news today $1B almost seems quaint...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/U8bJ42Ypq-E
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CHAPTERS
00:00 Introduction (Thanks, FalkusVipus) 01:00 Lego's Metaverse 10:51 Sony and Lego Invest 19:58 Meta Metaverse 23:00 Unreal Leverage 24:25 Conclusion
Discussed in this episode:
EPIC PRESS RELEASES https://www.epicgames.com/site/en-US/news/the-lego-group-and-epic-games-team-up-to-build-a-place-for-kids-to-play-in-the-metaverse https://www.epicgames.com/site/en-US/news/sony-and-kirkbi-invest-in-epic-games-to-build-the-future-of-digital-entertainment?sessionInvalidated=true https://www.epicgames.com/site/en-US/news/announcing-a-1-billion-funding-round-to-support-epics-long-term-vision-for-the-metaverse
META/ARJUNA DOCUMENTS https://arjuna-capital.com/press-releases-archive/2022/4/8/press-release-sec-rules-against-meta-on-shareholder-proposal-questioning-companys-metaverse-plan https://drive.google.com/file/d/1K_N854ynw886qAmKeSS_axsCc2OI891S/view
UNREAL ENGINE https://www.foxbusiness.com/technology/unreal-engine-5-game-developers-jump-board https://static.tweaktown.com/news/8/5/85438_07_heres-list-of-the-game-developers-working-on-unreal-engine-5-games_full.jpg
TWEET https://twitter.com/HoegLaw/status/1512125596855324675
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard's year of news appearances is almost unbelievable, but perhaps none more so than the announcement that Microsoft and Xbox is purchasing them for just under $70 BILLION in cash.
The Federal Trade Commission is putting it's money where it's mouth is as reports suggest that the commission will not be sticking to generally accepted antitrust review principles.
Does that mean they'll try to make an example out of Microsoft x Activision? Is it time to worry?
The remake of The Wrath of Khan is taking a different approach...in Virtual Legality.
CHECK OUT THE VIDEO AND LINKS AT: https://youtu.be/DtYxtUPNVYA
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CHAPTERS
00:00 Introduction (Thanks, Nord) 01:56 A Very Broad Review 08:19 A Holistic Approach or A Legal Approach? 16:16 Consumer Welfare In Front of Congress 23:14 Limits on FTC Authority 26:52 EU and the Cloud 29:55 Conclusion
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Elon Musk has put his money where his mouth is, purchasing a substantial portion of all of Twitter's outstanding stock.
But what does such a move signal? What is this billionaire's motivation? And why are some probably jumping the gun just a bit in reacting to the Internet's biggest lulz wildcard?
Sometimes it pays to be the wildcard...in Virtual Legality.
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Discussed in this episode:
ARTICLES "Elon Musk buys 9.2% stake in Twitter, making him the largest shareholder" - CNN.com (April 4, 2022) https://www.cnn.com/2022/04/04/investing/elon-musk-twitter-shares-stake/index.html
"Elon Musk" - Wikipedia https://en.wikipedia.org/wiki/Elon_Musk
"Elon Musk accuses SEC of attacking his right to free speech" - Axios (February 17, 2022) https://www.axios.com/elon-musk-tesla-sec-free-speech-0e872e2b-bee4-4bb8-88ca-46c0576fe8a0.html
"Biden to Propose 20% Tax Aimed at Billionaires, Unrealized Gains" - Bloomberg (March 26, 2022) https://www.bloomberg.com/news/articles/2022-03-26/biden-to-propose-20-tax-aimed-at-billionaires-unrealized-gains
SEC FILING Schedule 13 G https://www.sec.gov/Archives/edgar/data/0001494730/000110465922041911/tm2211482d1_sc13g.htm
LAW 17 CFR § 240.13d-1 - Filing of Schedules 13D and 13G. https://www.law.cornell.edu/cfr/text/17/240.13d-1
TWEETS "Am considering taking Tesla private at $420. Funding secured." Tweet, Elon Musk (August 7, 2018) https://twitter.com/elonmusk/status/1026872652290379776
"Elon Musk is now Twitter's largest shareholder..." Tweet, Ryan Brown (April 4, 2022) https://twitter.com/Toadsanime/status/1510958984265670657
"Given that Twitter serves as the de facto public town square..." Tweet, Elon Musk (March 26, 2022) https://twitter.com/elonmusk/status/1507777261654605828
"Would you consider building a new social media platform..." Tweet, Pranay Pathole (March 26, 2022) https://twitter.com/elonmusk/status/1507907130124222471
"Much is made lately of unrealized gains..." Tweet, Elon Musk (November 6, 2021) https://twitter.com/elonmusk/status/1457064697782489088?lang=en
HOEG LAW VIDEOS https://youtu.be/fyoJpKp66Mk https://youtu.be/rS8Xc3hSn2E https://youtu.be/_1PsYkqcNBw
TWITTER OWNERSHIP "Twitter, Inc." CNN Business https://money.cnn.com/quote/shareholders/shareholders.html
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard's year of news appearances is almost unbelievable, but perhaps none more so than the announcement that Microsoft and Xbox is purchasing them for just under $70 BILLION in cash.
Now, US Senators have joined the fray, advocating for the FTC to stop the deal because it harms workers efforts to better themselves and/or unionize.
But is that the real ambit of the Federal Trade Commission and antitrust law? And what is their letter really about?
Political grandstanding is the same all over, especially...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/Nq2ogQc1K24
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CHAPTERS
00:00 Introduction 03:05 Foundational Principles (How is this Supposed to Work?) 06:58 The Letter - Monopsony and Consumer Welfare 15:47 The Letter - A Litany of Sins 29:04 The Letter - Why Are They Writing This? 36:00 Conclusion
Discussed in this episode:
HOEG LAW PLAYLISTS AND VIDEOS https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-
TWEETS AND ARTICLES https://twitter.com/stephentotilo/status/1509633730058543117 https://www.wsj.com/articles/u-s-senators-pressure-ftc-to-review-microsoft-activision-merger-11648741204
LAW AND LEGAL ANALYSIS https://www.ftc.gov/advice-guidance/competition-guidance/guide-antitrust-laws/mergers/premerger-notification-merger-review-process https://www.law.cornell.edu/uscode/text/15/18a https://www.law.cornell.edu/uscode/text/15/18 https://www.law.cornell.edu/uscode/text/15/45 https://www.justice.gov/atr/horizontal-merger-guidelines-08192010 https://www.justice.gov/atr/horizontal-merger-guidelines-08192010 https://law.stanford.edu/press/congress-hears-challenges-to-the-consumer-welfare-standard/ https://www.ftc.gov/system/files/documents/public_statements/1596664/agency_priorities_memo_from_chair_lina_m_khan_9-22-21.pdf https://www.markhamlawfirm.com/the-consumer-welfare-standard-should-cease-to-be-the-north-star-of-antitrust/
GAME STATS https://www.ibisworld.com/industry-statistics/employment/video-games-united-states/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
The US Equal Employment Opportunity Commission (EEOC) lawsuit against Activision Blizzard for sexual harassment, pregnancy discrimination, and retaliation is finally settled.
What does the final version of the consent decree actually do? What does it ask of the women of Activision? And why is California still so mad?
It's one litigation down, a whole lot to go...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/DbDML5fBRY0
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CHAPTERS
00:00 Introduction 01:20 California is Mad 5:49 What's In the Decree? 18:06 How Does the Claims Process Work? 27:52 What Claims Will Be Released? 32:45 Conclusion (Doom on the Horizon?)
Discussed in this episode:
HOEG LAW PLAYLISTS AND VIDEOS https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8 https://youtu.be/-sYU2iNlkio
EEOC VS ACTIVISION FILINGS (INCLUDING CONSENT DECREE) https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.58.0.pdf https://www.courtlistener.com/docket/60492502/79/us-equal-employment-opportunity-commission-v-activision-blizzard-inc/ https://www.courtlistener.com/docket/60492502/81/us-equal-employment-opportunity-commission-v-activision-blizzard-inc/ https://www.courtlistener.com/docket/60492502/us-equal-employment-opportunity-commission-v-activision-blizzard-inc/ https://www.courtlistener.com/docket/60492502/82/us-equal-employment-opportunity-commission-v-activision-blizzard-inc/
TWEETS AND ARTICLES https://twitter.com/stephentotilo/status/1508841594799247369 https://www.washingtonpost.com/video-games/2022/03/29/activision-blizzard-eeoc-settlement/ https://www.hollywoodreporter.com/business/business-news/activision-blizzard-settles-federal-sexual-harassment-lawsuit-over-objection-california-1235121911/ https://www.wsj.com/articles/u-s-senators-pressure-ftc-to-review-microsoft-activision-merger-11648741204
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Sony's Project Spartacus is finally unveiled! But is PlayStation's answer to Xbox's Game Pass really worth getting excited about? Or is it simply claiming to be something it's not?
Not sure this is the rebellion we were looking for...in Virtual Legality.
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Discussed in this episode:
SPARTACUS ARTICLES https://www.playstationlifestyle.net/2021/12/04/playstation-game-pass-rival-spartacus/ https://blog.playstation.com/2022/03/29/all-new-playstation-plus-launches-in-june-with-700-games-and-more-value-than-ever/ https://www.gamesindustry.biz/articles/2022-03-28-playstations-jim-ryan-our-games-could-suffer-if-we-put-them-straight-into-ps-plus
GAME PASS https://www.xbox.com/en-US/xbox-game-pass#join
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Bungie has sued "John Does 1-10" over many (but not all) of the DMCA takedowns hitting Destiny content creators this March, but the real vitriol was saved for your favorite video sharing platform and mine, YouTube.
You're not going to believe this one.
Eyes Up, Youtube...in Virtual Legality.
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CHAPTERS
00:00 Introduction 05:26 Bungie Talks to the Community 12:33 Bungie Sues Alleged Frauds 26:22 Bungie's Product and YouTube's Process 37:50 Bungie vs YouTube Customer Service 47:43 Madness and Manifestos 49:55 Bungie's Legal Claims 1:05:23 Conclusion
Discussed in this episode:
HOEG LAW PRIOR VIDEOS https://youtu.be/ThiekRQkmbY https://youtu.be/2W75qipKEVo
BUNGIE GUIDELINES AND TERMS https://www.bungie.net/7/en/Legal/IntellectualPropertyTrademarks https://www.bungie.net/7/en/Legal/Terms
TWEETS https://twitter.com/questauthority/status/1508511253945327619 https://twitter.com/Bungie/status/1505630845993844736
BUNGIE TWAB https://www.bungie.net/en/News/Article/51193
REDDIT ARCHIVE https://web.archive.org/web/20220317100205/https://www.reddit.com/r/DestinyTheGame/comments/tg01q1/its_time_to_say_goodbye_to_all_the_sunset_tracks/
THE LAWSUIT https://torrentfreak.com/images/2-22-cv-00371-Bungie-v-John-Does-1-10-DMCA-Fraud-complaint-220325.pdf
THE LAW https://www.law.cornell.edu/uscode/text/17/512 https://www.law.cornell.edu/uscode/text/15/1125 https://www.law.cornell.edu/uscode/text/17/106
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
With copyright strikes being made across the landscape of destiny content creators, Bungie has buckled down, issuing a statement that it did not request any such strikes and pushing to investigate the matter further.
But behind the scenes, content creators have started to receive an explanation from an individual claiming responsibility.
What is that explanation? Let's talk about it.
It's not every day you see someone claims to give an electronic confession...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/2W75qipKEVo
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Discussed in this episode:
BUNGIE GUIDELINES AND TERMS https://www.bungie.net/7/en/Legal/IntellectualPropertyTrademarks https://www.bungie.net/7/en/Legal/Terms
TWEETS https://twitter.com/Bungie/status/1505630845993844736 https://twitter.com/HoegLaw/status/1505644376743104516
YOUTUBE SITES https://support.google.com/youtube/answer/2807622?hl=en https://support.google.com/youtube/answer/2807684?hl=en
CSC SITES https://www.cscglobal.com/service/about/ https://www.cscdbs.com/en/brand-protection/
DMCA https://www.law.cornell.edu/uscode/text/17/512
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Gran Turismo 7: there's no question that it's had a rough weak. Now, as a response to the game's reduction in credit payments, enterprising players have taken to launching remote play scripts to drive for credits for them, but are such scripts and bots a violation of Sony's license agreements?
The answer may not be as obvious as one might think.
They didn't mean for the "real driving simulator" to be quite so "simulator"...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/6neGdDKadn8
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Discussed in this episode:
SONY SITES AND NOTES https://www.playstation.com/en-us/games/gran-turismo-7/ https://www.playstation.com/en-us/legal/softwarelicense/ https://doc.dl.playstation.net/doc/ps5-eula/ps5_eula_en.html https://doc.dl.playstation.net/doc/pc-app-eula/pc_app_eula_en.html https://www.playstation.com/en-us/legal/psn-terms-of-service/ https://www.playstation.com/en-us/games/destiny-2/
ARTICLES https://www.pushsquare.com/news/2022/02/gran-turismo-7-will-require-an-online-connection-on-ps5-ps4-to-prevent-cheating https://www.blizzard.com/en-us/legal/fba4d00f-c7e4-4883-b8b9-1b4500a402ea/blizzard-end-user-license-agreement https://www.bungie.net/7/en/Legal/sla
TWEETS https://twitter.com/PSLifeStyle/status/1506595023936126981
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard's year of news appearances is almost unbelievable, but perhaps none more so than the announcement that Microsoft and Xbox is purchasing them for just under $70 BILLION in cash.
Now, the FTC has moved to even more closely examine the records and business dealing of the two companies - an expected (but time-consuming) advancement of regulators' antitrust review of the biggest deal in gaming history.
Government regulators don't usually no-scope...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/eGFqr-rcAK4
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SEASONED GAMING BITCAST - SUNDAYS AT 11:00 EASTERN https://www.youtube.com/channel/UCgHBXONMT06nX_8RZ5r32UA
CHAPTERS
00:00 Introduction 3:07 A Request for Votes/Insider Trading 11:41 Regulators and Legal Issues (Summary) 18:30 The Board Explains its Reasoning 24:56 The FTC and Second Requests 37:59 A Litany of Litigation 41:17 Conclusion
Discussed in this episode:
"Microsoft x Activision" Hoeg Law Playlist https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
ACTIVISION DOCUMENTS/STOCK https://investor.activision.com/financial-information/sec-filings https://investor.activision.com/static-files/eae7f6a4-35b2-4884-9f7e-397dfdd1890b https://money.cnn.com/quote/shareholders/shareholders.html?symb=ATVI&subView=institutional https://www.wsj.com/articles/u-s-probes-options-trade-that-gained-on-microsoft-activision-deal-11646787000 https://arstechnica.com/gaming/2022/03/report-sec-investigating-activision-blizzard-investors-for-insider-trading/
LAW https://www.ftc.gov/advice-guidance/competition-guidance/guide-antitrust-laws/mergers/premerger-notification-merger-review-process
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
We've talked at length about largesse on this channel; about the fact that publishers clearly aren't giving the legal licenses necessary for creators to give them all the free marketing they otherwise enjoy.
But rarely has the use of the "copyright trap" even been as obvious as what Bungie has done by striking long time Destiny Lore channel "My Name is Byf". While the strike is likely an error in both strategy and execution it very much highlights the risks content creators are asked to take on every day.
Eyes Up, Content Creators...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/ThiekRQkmbY
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PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
Discussed in this episode:
HOEG LAW VIDEOS https://youtu.be/cPm7N-sj36M
MY NAME IS BYF https://twitter.com/MyNameIsByf https://www.youtube.com/c/MynameisByf/
TWEETS https://twitter.com/MyNameIsByf/status/1505555310190149636 https://twitter.com/Cozmo23/status/1486137085425684489 https://twitter.com/Cozmo23/status/1505557887275323392
BUNGIE GUIDELINES AND TERMS https://www.bungie.net/7/en/Legal/IntellectualPropertyTrademarks https://www.bungie.net/7/en/Legal/Terms
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Gran Turismo 7 is a great game, but like so many other games in 2022 (and likely beyond), it is weighed down by microtransaction madness, hidden online requirements, and business decisions that don't consider the impact of both.
All of which unfortunately came to a head for Sony, PlayStation, and Polyphony during server maintenance to introduce patch 1.07 on March 17, 2022. Let's talk about it.
I still remember when Sony was fighting always online messaging...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/WFBJ6ART8I8
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PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
Discussed in this episode:
SONY SITES AND NOTES https://www.gran-turismo.com/us/gt7/news/00_1764433.html https://store.playstation.com/en-us/product/UP9000-PPSA01317_00-GT7STD0000000PS5 https://www.playstation.com/en-us/legal/softwarelicense/ https://www.playstation.com/en-us/support/store/ps-store-refund-request/
ARTICLES https://www.videogameschronicle.com/news/following-microtransaction-criticism-gran-turismo-7s-latest-patch-makes-it-harder-to-earn-cars/ https://www.videogameschronicle.com/news/gran-turismo-7s-microtransactions-are-live-and-gt-sports-5-cars-now-cost-40/ https://www.theverge.com/2022/3/17/22983882/ps5-gran-turismo-7-update-1-0-7-server-outage-hours https://www.eurogamer.net/articles/2022-03-18-gran-turismo-7-is-getting-review-bombed-following-extended-period-of-maintenance https://www.engadget.com/gran-turismo-7-outage-review-bombing-130947025.html
TWEETS https://twitter.com/thegranturismo/status/1504435541038833665 https://twitter.com/tomwarren/status/1504758015874027547 https://twitter.com/tomwarren/status/1504810922434568216
METACRITIC https://www.metacritic.com/game/playstation-5/gran-turismo-7/user-reviews?sort-by=date#_items=100
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Stranger of Paradise Final Fantasy Origin (what a name!) is the latest game to raise concerns about streaming guidelines, but it certainly isn't the first (and won't be the last).
Why is gaming's present "largesse" and guidelines structure so risky?
It's more what you'd call 'guidelines' than actual rules...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/cPm7N-sj36M
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PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
Discussed in this episode:
SQUARE ENIX SITES https://square-enix-games.com/sopffo/en-gb/streaming-guidelines/ https://square-enix-games.com/sopffo/en-us/ https://square-enix-games.com/en_US/documents/tnc
TWEETS https://twitter.com/CohhCarnage/status/1503737731708592130 https://twitter.com/HoegLaw/status/1503803166638460939
PLATFORM SITES https://www.twitch.tv/p/en/legal/dmca-guidelines/ https://support.google.com/youtube/answer/3311596?hl=en https://www.twitch.tv/p/en/legal/terms-of-service/ https://www.youtube.com/static?template=terms
LAW https://www.law.cornell.edu/uscode/text/17/106
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
As the new (or pending) home for Zenimax, Bethesda, Activision Blizzard and more, Microsoft's Gaming Division has quite a bit more on its plate than even as late as 2019.
But doubling in size in a little over two years would be difficult for anyone, and there are certainly reasons to doubt that Xbox management (as presently constructed) is up to the task.
Now with reports of massive turnover at Perfect Dark developer The Initiative, many of those doubts have come, once again, to the fore.
Judgment's not just a Gears of War game...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/AX8_aWP5IgQ
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Discussed in this episode:
ARTICLES https://www.videogameschronicle.com/news/it-looks-like-perfect-dark-has-lost-its-game-director/ https://www.videogameschronicle.com/news/insiders-describe-fast-and-furious-exits-from-xboxs-perfect-dark-studio/ https://venturebeat.com/2021/09/29/why-the-initiative-hired-crystal-dynamics-to-help-with-perfect-dark/ https://venturebeat.com/2021/09/29/why-the-initiative-hired-crystal-dynamics-to-help-with-perfect-dark/ https://www.videogameschronicle.com/news/343-confirms-its-delayed-two-halo-infinite-modes-to-make-a-2021-release/ https://www.ign.com/articles/halo-community-reacts-to-infinite-co-op-delayhttps://www.ign.com/articles/halo-community-reacts-to-infinite-co-op-delay https://www.metacritic.com/pictures/2022-game-publisher-rankings/31 https://en.wikipedia.org/wiki/Xbox_Game_Studios
TWEETS https://twitter.com/AndyPlaytonic/status/1503712373546307588 https://twitter.com/AndyPlaytonic/status/1503714614424522752 https://twitter.com/bdsams/status/1503714962937679889 https://twitter.com/Chris_Dring/status/1503713051035508743 https://twitter.com/Tolkoto/status/1503712954612695040 https://twitter.com/HoegLaw/status/1503721550834450435
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
The Dr. Disrespect vs Twitch saga ends just as abruptly as it began and with even fewer words than before. Why should we all have expected just such an outcome?
Well represented parties know when to stay quiet...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/NnAZLOV0Mow
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PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
Discussed in this episode:
HOEG LAW VIDEOS AND PLAYLISTS https://youtu.be/wfgiEiefZ2E https://youtu.be/I8FJcevnzqo https://www.youtube.com/playlist?list=PL1zDCgJzZUy98pOuP1cC8o7nraoJEcmuG
TWEETS https://twitter.com/DrDisrespect/status/1502004274993131525 https://twitter.com/Shannon_Liao/status/1276617617730568195 https://twitter.com/Slasher/status/1276742960286183424 https://twitter.com/drdisrespect/status/1277060051744591872 https://twitter.com/Slasher/status/1277395730219573253 https://twitter.com/GameFuel/status/1501981665270321155
ARTICLES https://www.pcgamer.com/uk/drdisrespect-settles-his-lawsuit-with-twitch/ https://www.hollywoodreporter.com/news/general-news/dr-disrespect-signs-multi-year-deal-stay-twitch-1283878/ https://www.forbes.com/sites/davidthier/2020/06/28/statement-respond-why-dr-disrespect-banned-from-twitch-for-mysterious-reasons/ https://www.forbes.com/sites/erikkain/2020/06/30/dr-disrespect-finally-breaks-his-silence-on-twitch-ban-raises-more-questions-than-answers/ https://www.forbes.com/sites/paultassi/2020/08/08/dr-disrespect-gives-statement-on-twitch-ban-during-his-youtube-return-stream/ https://www.gamerevolution.com/game-culture/651326-dr-disrespect-twitch-ban-sponsors https://www.theverge.com/2020/6/22/21298963/ninja-shroud-mixer-facebook-gaming-twitch
TWITCH TERMS OF SERVICE https://www.twitch.tv/p/en/legal/terms-of-service/
JAMS RULES https://www.jamsadr.com/rules-comprehensive-arbitration/ https://www.jamsadr.com/rules-comprehensive-arbitration/#Rule-26 https://www.jamsadr.com/rules-comprehensive-arbitration/#Rule-28
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Artesian Builds has held the unenviable national spotlight for more than a week. But as the days press on issues begin to mount, and a company with a great deal of promise begins to fall apart.
Join us as we discuss the most recent turns in the story and get insight directly from someone living through them.
It can all happen so fast...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/KV3gytR6wEY
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PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
CHAPTERS
00:00 Introduction 01:35 The Story So Far 13:18 Internal Emails (c/o Gamers Nexus) 22:03 An Inside View 39:32 Conclusion
Discussed in this episode:
HOEG LAW VIDEOS (PRIOR SERIES) https://youtu.be/lRU7f1n3t9o https://youtu.be/GcMwxyrmUqE
ARTESIAN BUILDS PAGES/STREAM https://artesianbuilds.com/about/ https://www.twitch.tv/artesianbuilds https://artesianbuilds.com/ambassador/ https://www.twitch.tv/videos/1411403989
TWEETS/THREADS https://twitter.com/ArtesianBuilds/status/1500212578206633987 https://twitter.com/ArtesianBuilds/status/1501414489106706433 https://twitter.com/HoegLaw/status/1501418886427820033 https://twitter.com/Shyphlosion/status/1501425823106146308
"The Extremely Shady Death of Artesian Builds" Gamers Nexus - March 9, 2022 https://youtu.be/d9NzY8TDCAY
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
The gaming industry is growing up, but the way it (very often) conducts itself is not.
Let's talk about developer and journalist sniping, the role of influencers and awards shows, and why the kind of behavior we so regularly see is holding back one of the best forms of entertainment there is.
When you want to stop being treated like a child, you need to stop acting like a child...in Virtual Legality.
CHECK OUT THE VIDEOS AT: https://youtu.be/aKkVq1tucC8
SUPPORT THE CHANNEL
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
Discussed in this episode:
ARTICLES/REDDIT https://mp1st.com/news/ubisoft-dev-sony-devs-throw-shade-at-elden-ring-ui-performance-quest-design https://www.reddit.com/r/Eldenring/comments/t7q55h/if_ubisoft_developed_elden_ring/ https://kotaku.com/dice-awards-greg-miller-bobby-kotick-activision-blizzar-1848596293 https://www.svg.com/785045/everyone-has-the-same-reaction-to-phil-spencers-weaponized-comment/
TWITTER THREADS https://twitter.com/HoegLaw/status/1496866674125025288 https://twitter.com/HoegLaw/status/1497571689189855237 https://twitter.com/Com_Raven/status/1500770888844816386https://twitter.com/HoegLaw/status/1497200403242438657
HOEG LAW PLAYLISTS https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8 https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard has (rightly) come under fire from all corners since the State of California first brought its sexual harassment and discrimination complaint. But when everyone's searching for dirt, sometimes context falls by the wayside.
Such is the case with reporting around Activision's failure to meet the requirements of California's gender-based board quota law; a law which has its own set of...issues.
We can be harsh, but we also try to be fair...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/g7dznD4a7VI
SUPPORT THE CHANNEL
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
CHAPTERS
00:00 Introduction 01:58 Gender Quotas and Reporting 07:50 The Law and Legal Issues 26:02 Is the Fire Unfair? 29:43 The First Case 49:03 Conclusion
Discussed in this episode:
"Activision Under Fire: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ
REPORTING https://www.axios.com/embattled-activision-facing-increased-attrition-18d74c45-d570-4a61-abcd-fed77be7243d.html https://www.eurogamer.net/articles/2022-03-04-activision-blames-microsoft-acquistion-failure-to-hire-another-woman-for-its-board-by-the-end-of-2021 https://www.gamesindustry.biz/articles/2022-03-04-activision-blizzard-failed-to-meet-california-requirement-on-women-board-members https://www.axios.com/california-boardroom-women-quota-ae9ab9ea-8c50-4b92-98e0-1148a08858bf.html
ACTIVISION DOCUMENTS https://www.activisionblizzard.com/content/atvi/activisionblizzard/ab-touchui/ab/web/en/board-of-directors.html https://investor.activision.com/node/35116/html
LAW AND LEGAL CHALLENGES https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB826 https://cooleypubco.com/2018/09/30/california-mandates-quotas-for-board-gender-diversity/ https://www.jdsupra.com/legalnews/another-complaint-filed-against-5919670/ https://www.reuters.com/world/us/trial-begins-challenge-california-women-boards-law-2021-12-01/ https://www.jdsupra.com/legalnews/with-the-court-decision-still-to-come-6555336/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard's year of news appearances is almost unbelievable, but perhaps none more so than the announcement that Microsoft and Xbox is purchasing them for just under $70 BILLION in cash.
"We believe that the transaction may lead to an undue concentration of market power when viewed as a vertical or horizontal merger, threaten data privacy and security, undermine consumer protection online, impinge on the consumer right to repair and exacerbate worker disempowerment and wage suppression."
We've got A LOT to talk about.
Just because something's "silly" doesn't mean it can't be effective...in Virtual Legality.
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SEASONED GAMING BITCAST - SUNDAYS AT 11:00 EASTERN https://www.youtube.com/channel/UCgHBXONMT06nX_8RZ5r32UA
CHAPTERS
00:00 Introduction 2:10 The Signatories 12:30 The Letter and The Law 35:21 Conclusion
Discussed in this episode:
"Microsoft x Activision" Hoeg Law Playlist https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
EXAMPLE SIGNATORY SITES https://www.citizen.org/about/ https://www.citizen.org/victories/ https://www.economicliberties.us/about/ https://mainstreetalliance.org/team https://www.democraticmedia.org/about https://publicknowledge.org/ https://cwa-union.org/ https://www.repair.org/aboutus
THE LETTER https://www.citizen.org/article/microsofts-activision-blizzard/
LAW https://www.ftc.gov/news-events/media-resources/mergers-and-competition/merger-review https://www.law.cornell.edu/uscode/text/15/18
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
As Russia's war against Ukraine continues, companies around the world are being called to give signs of solidarity with Ukraine, including, in the past few days, those of the video game industry.
What actions have CD Projekt (including GOG), Bloober Team, and Electronic Arts taken? Why are some of these actions (and explanations for the same) more understandable than others?
And why should we never stop carefully considering them, regardless of the righteousness of their cause?
Honestly a topic entry point we have never wanted...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/ByfTMDFwFl4
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Discussed in this episode:
MAPS AND ARTICLES https://www.cnn.com/2022/03/02/europe/russia-ukraine-shifting-map-analysis-intl-cmd/index.html https://www.ign.com/articles/the-batman-morbius-sonic-2-release-stopped-russia https://arstechnica.com/tech-policy/2022/03/ukraine-wants-russia-cut-off-from-core-internet-systems-experts-say-its-a-bad-idea/ https://www.ign.com/articles/fifa-22-nhl-22-removing-russian-teams-belarus-ea https://en.wikipedia.org/wiki/Tencent
TWEETS https://twitter.com/GOGcom/status/1499388790288404487/photo/1 https://twitter.com/BlooberTeam/status/1499353861047341059 https://twitter.com/FedorovMykhailo/status/1498945221337534469? https://eump.org/media/2022/Goran-Marby.pdf https://twitter.com/woodyatpch/status/1498472865301098500 https://twitter.com/EamonJavers/status/1499377906178576384 https://twitter.com/EASPORTSFIFA/status/1499057030857777154 https://twitter.com/EASPORTSNHL/status/1499057313730101248 https://twitter.com/Capitalistpig21/status/1496928221983494170
DIRECTOR REPORT (CD PROJEKT) https://www.cdprojekt.com/en/investors/regulatory-announcements/current-report-no-6-2022/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Sweepstakes, lotteries, and contests are some of the more highly regulated areas facing social media types and Internet influencers.
But in evaluating its "random" contest winners on a case by case by basis before denying certain of them the win, Twitch streamer and PC builder Artesian Builds, would appear not to realize that.
We've got some handmade, artisanal legal standards for you all today...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/lRU7f1n3t9o
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CHAPTERS
00:00 Introduction 01:11 The Claim 05:14 The Law of Sweepstakes, Lotteries, and More 18:01 What is an Ambassador? 19:50 The Changing Rules of Artesian x Intel 33:41 A Non-apology 37:15 Conclusion (Happy Ending)
Discussed in this episode:
ARTESIAN BUILDS PAGES/STREAM https://artesianbuilds.com/about/ https://www.twitch.tv/artesianbuilds https://artesianbuilds.com/ambassador/ https://www.twitch.tv/videos/1411403989
TWEETS/THREADS https://twitter.com/Dexerto/status/1498713308404543490 https://twitter.com/kiapiaa_/status/1498614735935352841 https://twitter.com/ArtesianBuilds/status/1498556078665048064 https://twitter.com/JayzTwoCents/status/1498717100164009987
LAWS AND AGENCIES https://www.sweeppeasweeps.com/sweepstakes-and-contest-rules-by-state.html https://www.michigan.gov/documents/mgcb/INTERNET_CAFE_GUIDE-final_372838_7.pdf https://www.jonesday.com/en/insights/2007/11/pitfalls-of-sweepstakes-and-contests https://www.consumer.ftc.gov/taxonomy/term/1021
"Artesian Builds called out by Twitch streamers after refusing to honor PC giveaway" Dexerto - March 1, 2022 https://www.dexerto.com/entertainment/artesian-builds-called-out-by-twitch-streamers-after-refusing-to-honor-pc-giveaway-1773630/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
YouTube is without doubt one of the biggest streaming content providers on the planet, and for the low, low cost of about $12 a month the big tech titan will prevent you from seeing ads on its service. Or will it?
You might be paying for the product, but YouTube may just decide not to give it to you...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/5cbZKueDbmE
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Discussed in this episode:
HOEG LAW VIDEOS https://youtu.be/ZyFqWY2zOOQ
TWEETS/THREADS https://twitter.com/xArtemisWolfx/status/1498220762460794887 https://twitter.com/TeamYouTube/status/1498230263796621315
YOUTUBE POLICIES AND TERMS https://support.google.com/youtube/answer/1286015 https://support.google.com/youtube/answer/7071292 https://support.google.com/youtube/answer/6308278 https://support.google.com/youtube/answer/2802168 https://www.youtube.com/t/terms_paidservice https://www.youtube.com/t/terms
LAWS AND LEGAL https://www.consumerprotectionreview.com/2021/11/california-passes-updated-automatic-renewal-law/ https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB390 https://www.faegredrinker.com/webfiles/50-State%20Survey%20Automatic%20Renewal%20Laws.pdf https://www.binnall.com/insights-news/when-is-an-unjust-enrichment-claim-relevant-to-a-commercial-dispute/ https://www.justia.com/trials-litigation/docs/caci/300/325/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard's year of news appearances is almost unbelievable, but perhaps none more so than the announcement that Microsoft and Xbox is purchasing them for just under $70 BILLION in cash.
With so many eyes on the deal, many are making predictions as to just when the deal will close, and how it might look when it does. Analyst Michael Pachter has even predicted the FTC forcing certain issues, but many have asked "Can they do that?".
Sometimes the settlement process costs an "arm" and a leg...in Virtual Legality.
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SEASONED GAMING BITCAST - SUNDAYS AT 11:00 EASTERN https://www.youtube.com/channel/UCgHBXONMT06nX_8RZ5r32UA
Discussed in this episode:
"Microsoft x Activision" Hoeg Law Playlist https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
TWEETS https://twitter.com/ReginaldFletc17/status/1496960301480222726 https://twitter.com/michaelpachter https://mobile.twitter.com/SIFTDgames/status/1496925711906459670 https://twitter.com/XcloudTimdog/status/1496960693400186887
NVIDIA/ARM https://nvidianews.nvidia.com/news/nvidia-to-acquire-arm-for-40-billion-creating-worlds-premier-computing-company-for-the-age-of-ai https://www.ftc.gov/system/files/documents/cases/d09404_-_answer_and_defenses_of_respondentsv_nvidia_corporationsoftbank_group_corp._and_arm_ltd.pdf https://www.ftc.gov/system/files/documents/cases/d09404_-_answer_and_defenses_of_respondentsv_nvidia_corporationsoftbank_group_corp._and_arm_ltd.pdf
LAW https://www.ftc.gov/news-events/media-resources/mergers-and-competition/merger-review http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section18a&edition=prelim
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard's year of news appearances is almost unbelievable, but perhaps none more so than the announcement that Microsoft and Xbox is purchasing them for just under $70 BILLION in cash.
With details about the deal process now out in the open, at least one shareholder has taken umbrage at the proceedings, alleging that Activision is deliberately lying to its shareholders in order to benefit its management and board.
For this fight, we're going to need some proxies...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/czCjozG-xic
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SEASONED GAMING BITCAST - SUNDAYS AT 11:00 EASTERN https://www.youtube.com/channel/UCgHBXONMT06nX_8RZ5r32UA
CHAPTERS
00:00 Introduction 01:53 The Shareholder Lawsuit - Overview 16:31 The Shareholder Lawsuit - Hating the Deal 20:17 The Shareholder Lawsuit - Hinting at Conflict 29:50 The Shareholder Lawsuit - Alleging Lies 37:50 Understanding the Impact of the Complaint 41:21 Conclusion
Discussed in this episode:
"Microsoft x Activision" Hoeg Law Playlist https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
"Activision Blizzard shareholder sues over Microsoft sale" Polygon - February 24, 2022 https://www.polygon.com/22949594/activision-blizzard-shareholder-lawsuit-sec-violation
LAWSUIT, LAWS, AND REGULATIONS https://storage.courtlistener.com/recap/gov.uscourts.cacd.844853/gov.uscourts.cacd.844853.1.0.pdf https://www.law.cornell.edu/uscode/text/15/78n https://www.law.cornell.edu/cfr/text/17/240.14a-9 https://www.law.cornell.edu/cfr/text/17/240.14a-6 https://www.law.cornell.edu/uscode/text/15/78t
PROXY https://www.sec.gov/Archives/edgar/data/718877/000110465922025210/tm225196-3_prem14a.htm
HOEG LAW VIDEOS https://youtu.be/tLPjPiWRZVo
LEGAL ARTICLES https://corpgov.law.harvard.edu/2019/09/23/use-of-special-committees-in-conflict-transactions/ https://news.bloomberglaw.com/securities-law/pleading-damages-in-section-14-a-mergers-and-acquisitions-litigation
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Horizon Forbidden West is one of the best games of the year, but that doesn't mean that Sony's pricing of it has been entirely above board. Now, as data comes in, it's clear that some were taken advantage of, but that doesn't mean that all were.
Aloy is very concerned...in Virtual Legality.
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SEASONED GAMING BITCAST - SUNDAYS AT 11:00 EASTERN https://www.youtube.com/channel/UCgHBXONMT06nX_8RZ5r32UA
Discussed in this episode:
TWEETS https://twitter.com/HoegLaw/status/1493341485550428160
ARTICLES https://www.gamesindustry.biz/articles/2022-02-20-horizon-forbidden-west-is-the-second-biggest-ps5-launch-so-far-uk-boxed-charts https://www.videogameschronicle.com/news/68-of-horizon-forbidden-wests-uk-launch-buyers-paid-70-instead-of-the-cheaper-upgrade/ https://www.thegamer.com/horizon-forbidden-west-uk-sales-ps5-overpriced-sony-scam/ https://www.ign.com/articles/horizon-forbidden-west-ps5-reminder
BELLULAR NEWS https://youtu.be/IfhIl7qh95s
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard's year of news appearances is almost unbelievable, but perhaps none more so than the announcement that Microsoft and Xbox is purchasing them for just under $70 BILLION in cash.
But how as the deal made? Now that Activision has released its draft proxy statement we can dive into the details of one of the biggest stories in gaming history, and how Phil Spencer and Microsoft pressed Activision into getting the deal done.
It's time to do the hustle...in Virtual Legality.
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SEASONED GAMING BITCAST - SUNDAYS AT 11:00 EASTERN https://www.youtube.com/channel/UCgHBXONMT06nX_8RZ5r32UA
CHAPTERS
00:00 Introduction 2:29 Soliciting Votes (Proxies) 11:16 A Merger Story - Voting NO 15:02 A Merger Story - Phil Makes his Move 25:59 A Merger Story - Other Players in the Game 35:29 A Merger Story - Microsoft Doubles Down 47:04 A Merger Story - Phil and Satya Force the Issue 58:29 Conclusion
Discussed in this episode:
"Microsoft x Activision" Hoeg Law Playlist https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
ACTIVISION SITE/FILINGS https://investor.activision.com/financial-information/sec-filings https://investor.activision.com/static-files/d8609b3c-7991-4365-b542-ca5ec00cc509
DELAWARE LAW https://delcode.delaware.gov/title8/c001/sc09/index.html https://delcode.delaware.gov/title8/c001/sc09/index.html#262.
ARTICLES https://www.wsj.com/articles/activision-videogames-bobby-kotick-sexual-misconduct-allegations-11637075680 https://www.theverge.com/2021/11/18/22789881/microsoft-xbox-boss-phil-spencer-deeply-troubled-by-activision-blizzard-bobby-kotick
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Nintendo has long been one of gaming's more interesting publishers to follow, but with every massive success (like the Switch) comes even more decision making that can be characterized as interesting.
Now, the company moves to close down eShops and close down discussion, but those decisions are being met in some quarters with considerable hostility.
Nintendo marches to the beat of its own Donkey Kong drum set...in Virtual Legality.
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SEASONED GAMING BITCAST - SUNDAYS AT 11:00 EASTERN https://www.youtube.com/channel/UCgHBXONMT06nX_8RZ5r32UA
Discussed in this episode:
ARTICLES https://www.videogameschronicle.com/news/lawyer-lambasts-sony-for-deceptive-marketing-of-horizons-free-ps5-upgrade/ https://kotaku.com/nintendo-wii-u-3ds-classic-games-mario-zelda-eshop-shop-1848544931 https://www.videogameschronicle.com/news/nintendo-is-forbidding-switch-sports-play-testers-from-sharing-info-on-social-media/
TWEETS https://twitter.com/Wario64/status/1493754408215085056 https://twitter.com/KyleOrl/status/1493981251530895362 https://twitter.com/GameOverThirty/status/1494005014469165059
NINTENDO DOCS https://en-americas-support.nintendo.com/app/answers/detail/a_id/57847 https://my.nintendo.com/rewards/7465c9bc0183c858
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Horizon Forbidden West has received rave reviews from the gaming press, but previous statements by a Sony executive has made pricing for the title a bit complicated, or perhaps even...forbidden.
If only the console warriors had a reasonable person standard...in Virtual Legality.
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SEASONED GAMING BITCAST - SUNDAYS AT 11:00 EASTERN https://www.youtube.com/channel/UCgHBXONMT06nX_8RZ5r32UA
Discussed in this episode:
ARTICLES https://www.washingtonpost.com/video-games/2020/09/16/ps5-retail-units/ https://www.washingtonpost.com/video-games/2021/09/06/sony-ps5-upgrades/
PLAYSTATION BLOG/FAQS/SITES https://blog.playstation.com/2021/09/04/pre-order-horizon-forbidden-west-now-collectors-and-digital-deluxe-editions-detailed/ https://www.playstation.com/en-us/support/games/horizon-forbidden-west-support/ https://www.playstation.com/en-us/games/horizon-forbidden-west/ https://blog.playstation.com/2020/09/30/marvels-spider-man-remastered-detailed/
TWEETS https://twitter.com/HoegLaw/status/1493341485550428160
LAWS https://www.law.cornell.edu/uscode/text/15/45 https://www.ftc.gov/system/files/documents/public_statements/410531/831014deceptionstmt.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Martha is dead. That fact, and the circumstances that surrounded it, appear to have eluded Sony and its PlayStation certification team as they have moved to censor unstated aspects of the game "Martha is Dead" immediately prior to its release.
But does Sony have a leg to stand on given...its history of violence?
This is for the hypocrites...in Virtual Legality.
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SEASONED GAMING BITCAST - SUNDAYS AT 11:00 EASTERN https://www.youtube.com/channel/UCgHBXONMT06nX_8RZ5r32UA
Discussed in this episode:
TWEETS https://twitter.com/WiredP/status/1492156908861591556 https://twitter.com/KelvinA313/status/1492332323659997190 https://twitter.com/HoegLaw/status/1492552358982782982 https://twitter.com/Mason__666/status/1492567282710626313https://twitter.com/algambill/status/1492561275016073216
VIDEOS https://youtu.be/UzdNECcio54 https://youtu.be/KlH6JmZuDwA
"Last of Us Leak Legalities" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-ULKii2yP9AY-Emo1_G8xN
ARTICLES AND POSTS https://blogs.microsoft.com/on-the-issues/2022/02/09/open-app-store-principles-activision-blizzard/ https://www.polygon.com/2017/10/30/16571230/last-of-us-part-2-trailer-violence-women https://i0.wp.com/bloody-disgusting.com/wp-content/uploads/2019/02/hannibal.jpg
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Lost Ark has become a phenomenon, scoring one of the biggest western game releases in gaming history. But the game hides more secrets than just its content, as we take a close look at one particular provision in the Amazon Games Terms of Use.
We'll fight our new alien overlords to the last...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/VfeTMClkRSw
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SEASONED GAMING BITCAST - SUNDAYS AT 11:00 EASTERN https://www.youtube.com/channel/UCgHBXONMT06nX_8RZ5r32UA
Discussed in this episode:
"Lost Ark Is One of Steam's Biggest-Ever Games, Even Before It Goes Free-to-Play" IGN - February 9, 2022 https://www.ign.com/articles/lost-ark-steam-biggest-ever-games-free-play-concurrents-twitch
"hey [playlostark]..." Tweet - February 11, 2022 - MiltonTPike1 https://twitter.com/MiltonTPike1/status/1492147267427569670
LEGAL DOCUMENTS https://www.playlostark.com/en-us/legal https://subscriptions.amazongames.com/lostarkcreatortermsen https://www.amazon.com/gp/help/customer/display.html https://web.archive.org/web/20200717103153/https://www.peacocktv.com/terms https://www.amazon.com/gp/help/customer/display.html/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Bungie and Microsoft are no strangers to the 2022 news cycle, but neither have been in the news for unpaid royalties -- until today.
An exclusive Eurogamer interview with Halo composers Marty O'Donnell and Mike Salvatori has revealed a lawsuit now almost two years old in which they argue that Microsoft owes them royalties for the multi-trillion dollar company's use of Halo music.
But as Microsoft claims the music is theirs as a "work made for hire", details get messy and "innocent" television studios are threatened.
Music royalty is fighting for royalties, today...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/YT9F1Tr-z1M
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SEASONED GAMING BITCAST - SUNDAYS AT 11:00 EASTERN https://www.youtube.com/channel/UCgHBXONMT06nX_8RZ5r32UA
CHAPTERS
00:00 Introduction 01:48 The Marty O'Donnell Interview 06:18 Injunction Junction 11:18 Myth and Money 26:02 Halo Sold 34:49 Conclusion
Discussed in this episode:
"Original Halo composers sue Microsoft over unpaid royalties dating back 20 years" Eurogamer - February 11, 2022 https://www.eurogamer.net/articles/2022-02-10-original-halo-music-composers-threaten-to-try-to-block-tv-show-amid-lawsuit-with-microsoft-over-unpaid-royalties
KUCERA v. DEP'T OF TRANSP. 140 Wn.2d 200 (2000) http://courts.mrsc.org/supreme/140wn2d/140wn2d0200.htm
MYTH TOTAL SOUNDTRACK https://vgmdb.net/album/13836 https://www.discogs.com/release/11927431-Martin-ODonnell-And-Michael-Salvatori-Myth-Total-Soundtrack/image/SW1hZ2U6MzQwMDE2Mzc= https://www.discogs.com/release/11927431-Martin-ODonnell-And-Michael-Salvatori-Myth-Total-Soundtrack/image/SW1hZ2U6MzY4Nzc2NzA=
Works Made for Hire Copyright Office Circular 30 https://www.copyright.gov/circs/circ30.pdf
MUSIC BITS https://www.bmi.com/licensing/entry/types_of_copyrights https://www.ascap.com/about-us/governance https://en.wikipedia.org/wiki/American_Society_of_Composers,_Authors_and_Publishers
HOEG LAW VIDEOS https://youtu.be/tT6AnLMbPaM https://youtu.be/nMvp6M0g47c
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard's year of news appearances is almost unbelievable, but perhaps none more so than the announcement that Microsoft and Xbox is purchasing them for just under $70 BILLION in cash.
With Phil Spencer and Satya Nadella already out in force, Microsoft now moves to more formal PR mechanisms, introducing a long form promise to be the "good guys" as described by Microsoft President Brad Smith through the company's "issues" blog.
But what does it mean to assure Call of Duty's continued presence on PlayStation? And does the company really expect credit for self-serving promises already made?
It's always good when a multi-national, multi-trillion dollar company pledges to follow the law, but we question whether it really deserves a cookie...in Virtual Legality.
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SEASONED GAMING BITCAST - SUNDAYS AT 11:00 EASTERN https://www.youtube.com/channel/UCgHBXONMT06nX_8RZ5r32UA
CHAPTERS
00:00 Introduction 02:22 Answering the Call of Duty 03:50 An Epic Callback 07:02 PR Promises 15:38 Principles and Principals 25:37 Laws in the Pipeline 28:46 Answering the Call Part 2 32:25 Xboxes and Double Standards 38:37 Conclusion
Discussed in this episode:
"Microsoft x Activision" Hoeg Law Playlist https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
An Antitrust Epic Hoeg Law Playlist https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
HOEG LAW VIDEOS https://youtu.be/i4-vxNc3H3Y https://youtu.be/G82ZnoHQ3NA
TWEETS https://twitter.com/XboxP3/status/1484273335139651585
DOCUMENTS/ARTICLES https://blogs.microsoft.com/on-the-issues/2022/02/09/open-app-store-principles-activision-blizzard/ https://blogs.microsoft.com/on-the-issues/2020/10/08/app-store-fairness-caf-interoperability-principles/ https://app.box.com/s/6b9wmjvr582c95uzma1136exumk6p989/file/807135002509 https://appfairness.org/ https://www.theverge.com/22914479/open-app-markets-act-legislation-senate-committee-markup-explained https://www.forbes.com/sites/paultassi/2021/07/15/the-nintendo-switch-oled-estimated-to-cost-only-10-more-per-unit-to-make/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
California's Department of Fair Employment and Housing (DFEH) tried and has (so far) failed to stop the US Equal Employment Opportunity Commission (EEOC) from settling with Activision, but the two agencies' fight has only gotten uglier as California continues to escalate things.
"Collusion" never changed, into something real...in Virtual Legality.
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CHAPTERS
00:00 Introduction 02:44 A Blocked Intervention 07:41 A Friend of the Court 15:02 Stopping the Proceedings/Misreading a Merger 24:09 Fighting in the Footnotes 44:44 Conclusion
Discussed in this episode:
"Activision Under Fire: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ
HOEG LAW VIDEOS https://youtu.be/JgploLS9T5s https://youtu.be/ukwpsMqp5ic
ACTIVISION VS EEOC FILINGS https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.46.0.pdf https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.53.0.pdf https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.58.0.pdf https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.60.0.pdf https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.63.0.pdf https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.62.0.pdf
TWEETS AND SECURITIES FILINGS https://twitter.com/stephentotilo/status/1483809973155024897 https://twitter.com/stephentotilo/status/1483893837516918793 https://www.sec.gov/ix?doc=/Archives/edgar/data/0000718877/000110465922005154/tm223212d3_8k.htm
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard's year of news appearances is almost unbelievable, but perhaps none more so than the announcement that Microsoft and Xbox is purchasing them for just under $70 BILLION in cash.
Now CEO of Microsoft (and Phil Spencer's boss) Satya Nadella is making the rounds, and like all other comments from Microsoft in the past two weeks, he seems intent on making sure the FTC knows there's "nothing to see here".
CEO's don't generally lie, but they often don't say quite everything they mean...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/6-ONxevvpSQ
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Discussed in this episode:
"Microsoft x Activision" Hoeg Law Playlist https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
ARTICLES https://www.ign.com/articles/microsoft-ceo-doesnt-see-activision-blizzard-acquisition-blocked?utm_source=twitter https://www.gamesradar.com/microsoft-ceo-brushes-off-antitrust-concerns-around-activision-deal-even-post-this-acquisition-we-will-be-number-three/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Sony's acquisition of Bungie and the way it has been described in the media has resulted in a lot of opinions, but also a lot of misconceptions.
Join us as we dive into the world of mergers, acquisitions, retention agreements, and purchase price holdbacks.
Retention - it's not just for ponds anymore...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/HZSlhuSzwUA
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PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
Discussed in this episode:
SEASONED GAMING/BITCAST https://www.youtube.com/channel/UCgHBXONMT06nX_8RZ5r32UA
"BUNGIE BOUGHT?! | A Legal Look at Sony + PlayStation's Riskiest Bet Yet (VL617)" YouTube Video - Hoeg Law - January 31, 2022 https://youtu.be/iaZnOZwWFgw
"Sony Interactive Entertainment to Acquire Leading Independent Videogame Developer, Bungie" Press Release - January 31, 2022 https://www.businesswire.com/news/home/20220131005684/en/Sony-Interactive-Entertainment-to-Acquire-Leading-Independent-Videogame-Developer-Bungie
"Q3 FY2021 Consolidated Financial Results" Sony Speech Notes - February 2, 2022 https://www.sony.com/en/SonyInfo/IR/library/presen/er/pdf/21q3_sonyspeech.pdf
ARTICLES/SOCIAL MEDIA https://www.forbes.com/sites/paultassi/2022/02/03/sony-is-spending-12-billion-to-make-sure-bungie-employees-dont-leave/ https://www.pushsquare.com/news/2022/02/sony-is-spending-over-usd1-billion-to-ensure-bungie-employees-dont-leave https://twitter.com/BaryonSenjuSage/status/1489108912100057089 https://twitter.com/HoegLaw/status/1489341960091492365
LEGAL DEAL POINTS https://www.willistowerswatson.com/-/media/WTW/Insights/2017/10/2017-global-m-a-retention-report.pdf?modified=20171010144803 https://www.bakermckenzie.com/-/media/files/insight/publications/2020/10/using_purchase_price_pp_64102_a.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Totally Not Mark survived his trials with Toei Animation (Dragon Ball), but they exposed a rift between those jurisdictions that value free expression, fair use, and fair dealing, and those that do not.
With such rift exacerbated by YouTube's attempts to automate its responses beyond reason, it's no surprise that other companies like ShoPro (Pokemon) have seen an avenue to end channels they disapprove of once and for all.
It's time to answer the call...in Virtual Legality.
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Discussed in this episode:
YOUTUBE VIDEOS https://youtu.be/gnPKmRXnQn0 https://youtu.be/pAwG3yzFbRs https://youtu.be/v6uH71BdMBA
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Nintendo has taken the unusual step of removing more than a thousand YouTube videos created by YouTuber GilvaSunner. Why? Because the videos in question consisted almost entirely of Nintendo game soundtracks.
While some are up in arms, others have questions about Copyright, Nintendo's rights, the DMCA, and more - questions we mean to answer...with special guest Legal Mindset!
You may want soundtracks, but it seems that Nintendon't...in Virtual Legality.
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"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
The National Football League (NFL) has supplanted Major League Baseball (MLB) as the US national pastime in the eyes of many, but is the league engaged in systematic, institutional racism and discrimination at the highest levels?
That's what ex-Dolphins Head Coach Brian Flores has alleged in an explosive new lawsuit, seeking not just damages, but court-mandated changes for the very way the league and its teams do business.
What are its strengths? What are its weakness?
If you're going to burn bridges, you might as well nuke them from orbit. It's the only way to be sure...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/1eoNwzEyQeY
SUPPORT THE CHANNEL
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CHAPTERS 00:00 Introduction 04:34 The Lawsuit - Overview 18:15 The Lawsuit - The Rooney Rule 30:29 The Lawsuit - Injunctions and Statutes 36:50 The Lawsuit - History Lesson 47:56 The Lawsuit - Statistics and Circumstance 1:07:07 The Lawsuit - Typicality and Class 1:11:19 The Lawsuit - Causes of Action 1:14:17 Conclusion (and Party Statements)
Discussed in this episode:
ARTICLES AND STATEMENTS https://theathletic.com/news/former-dolphins-coach-brian-flores-files-discrimination-lawsuit-against-nfl-giants-and-others/B53N44snbIPT/ https://dolphinswire.usatoday.com/2022/02/01/brian-flores-lawsuit-statement/ https://twitter.com/AaronWilson_NFL/status/1488626108983611394 https://dolphinswire.usatoday.com/2022/02/01/the-dolphins-released-a-statement-denying-brian-flores-claims/
THE LAWSUIT https://www.wigdorlaw.com/wp-content/uploads/2022/02/Complaint-against-National-Football-League-et-al-Filed.pdf
THE LAWS https://www.law.cornell.edu/rules/frcp/rule_8 https://www.law.cornell.edu/uscode/text/42/1981 https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 https://www.law.cornell.edu/wex/section_1981 https://dhr.ny.gov/sites/default/files/doc/HRL.pdf https://www1.nyc.gov/assets/cchr/downloads/pdf/Title-8-Text-of-the-Law-8-2021.pdf https://www.nj.gov/oag/dcr/downloads/NJ-Law-Against-Discrimination.pdf https://www.law.cornell.edu/uscode/text/28/1658
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard's year of news appearances is almost unbelievable, but perhaps none more so than the announcement that Microsoft and Xbox is purchasing them for just under $70 BILLION in cash.
FTC appears to have won the merger review lottery, but is that some kind of "break with tradition"? And what of FTC Chair Lina Khan's pronouncements on the tech industry?
Microsoft may well wind up yelling "KHAAAAAAAAN!"...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/D7BDdwU0qAM
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PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
Discussed in this episode:
"Microsoft x Activision" Hoeg Law Playlist https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
"The FTC has reportedly stepped in to review Microsoft’s Activision Blizzard deal" VGC - February 1, 2022 https://www.videogameschronicle.com/news/the-ftc-has-reportedly-stepped-in-to-review-microsofts-activision-blizzard-deal/
"Microsoft Deal for Activision to be Reviewed by FTC in US" Bloomberg - February 1, 2022 https://www.bloomberg.com/news/articles/2022-02-01/microsoft-deal-for-activision-to-be-reviewed-by-ftc-in-u-s?
"FTC Chair Lina Khan says agency won’t back down in the face of intimidation from Big Tech" CNBC - January 19, 2022 https://www.cnbc.com/2022/01/19/ftc-chair-lina-khan-says-agency-wont-back-down-in-the-face-of-intimidation.html
"Merger Review" FTC Website https://www.ftc.gov/news-events/media-resources/mergers-and-competition/merger-review
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Gaming's publishing world has gotten a bit smaller and less independent today...again. Or has it? At least as described, the purchase of Halo and Destiny developer Bungie by Sony Interactive Entertainment (SIE) sounds absolutely crazy. But is it?
Let's talk about it
We have time to explain..in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/lBL4HxS4Yuw
SUPPORT THE CHANNEL
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
Discussed in this episode:
SEASONED GAMING/BITCAST https://www.youtube.com/channel/UCgHBXONMT06nX_8RZ5r32UA
HOEG/BUNGIE VIDEOS https://youtu.be/hrKPN5TqFXA https://youtu.be/sn0UMNh7ej8 https://youtu.be/coA9C4S3ZCU https://youtu.be/jOaDc6O24nY https://youtu.be/tT6AnLMbPaM
"Sony Interactive Entertainment to Acquire Leading Independent Videogame Developer, Bungie" Press Release - January 31, 2022 https://www.businesswire.com/news/home/20220131005684/en/Sony-Interactive-Entertainment-to-Acquire-Leading-Independent-Videogame-Developer-Bungie
"BUNGIE JOINS SONY INTERACTIVE ENTERTAINMENT" Press Release - January 31, 2022 https://www.bungie.net/en/Explore/Detail/News/50988
"DESTINY 2: OUR SHARED VISION" Bungie Webpage https://www.bungie.net/en/News/Article/50989
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Gaming's publishing world has gotten a bit smaller and less independent today...again. Or has it? At least as described, the purchase of Halo and Destiny developer Bungie by Sony Interactive Entertainment (SIE) sounds absolutely crazy. But is it?
Begun the content wars have...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/iaZnOZwWFgw
SUPPORT THE CHANNEL
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
CHAPTERS
00:00 Introduction/Bitcast 02:09 Bungie in Virtual Legality 05:31 The Deal As Announced 25:01 Bungie's Take 34:28 Conclusion
Discussed in this episode:
SEASONED GAMING/BITCAST https://www.youtube.com/channel/UCgHBXONMT06nX_8RZ5r32UA
HOEG/BUNGIE VIDEOS https://youtu.be/hrKPN5TqFXA https://youtu.be/sn0UMNh7ej8 https://youtu.be/coA9C4S3ZCU https://youtu.be/jOaDc6O24nY https://youtu.be/tT6AnLMbPaM
"Sony Interactive Entertainment to Acquire Leading Independent Videogame Developer, Bungie" Press Release - January 31, 2022 https://www.businesswire.com/news/home/20220131005684/en/Sony-Interactive-Entertainment-to-Acquire-Leading-Independent-Videogame-Developer-Bungie
"BUNGIE JOINS SONY INTERACTIVE ENTERTAINMENT" Press Release - January 31, 2022 https://www.bungie.net/en/Explore/Detail/News/50988
"DESTINY 2: OUR SHARED VISION" Bungie Webpage https://www.bungie.net/en/News/Article/50989
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
NFT. Three letters that have gotten more than their share of vitriol in the very recent past, for some good reasons, and for some...not so good. What could non-fungible tokens do in the world of video games (and the world at large), and what are they currently doing?
Ubisoft has some ideas, but in one of the most transparent interviews I can recall, definitely not all the answers on NFTs or otherwise. It's fascinating.
Journalists are getting down right conservative on this one specific thing...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/KXynEAFXfLA
SUPPORT THE CHANNEL
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
Discussed in this episode:
"Let's Talk About NFTs | Ubisoft Quartz, OpenSea, and the DMCA (VL599)" YouTube Video - December 21, 2021 - Hoeg Law https://youtu.be/8XYQsBm9ATw
UBISOFT SITES https://news.ubisoft.com/en-us/article/kujZ0Njdh6cojf6rzlEN0/ubisofts-vision-for-blockchain https://legal.ubi.com/ubisoftquartzterms/en-US
"Interview: Ubisoft responds to angry NFT Digits and Quartz reaction" Finder - January 27, 2022 https://www.finder.com.au/ubisoft-interview-nfts
"No One’s Buying Ubisoft’s Garbage Ghost Recon NFTs" Kotaku - December 20, 2021 https://kotaku.com/no-one-s-buying-ubisoft-s-garbage-ghost-recon-nfts-1848246084
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
YouTuber Totally Not Mark had 150+ videos removed by Dragon Ball copyright holder Toei Animation, but where, in other instances, YouTube has thrown up its hands, here they finally came to the (very belated) rescue.
An obvious solution means an obvious problem which could have been avoided...in Virtual Legality.
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SUPPORT THE CHANNEL
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
Discussed in this episode:
"Over 150 Videos GONE - My Response to Toei Animation & Youtube" YouTube Video - December 8, 2021 - Totally Not Mark https://youtu.be/WaeqXWzaizY
"Totally Not Mark's Toei Takedowns | YouTube's Content ID is Failing (VL590)" YouTube Video - December 8, 2021 - Hoeg Law https://youtu.be/gnPKmRXnQn0
YOUTUBE PAGES https://support.google.com/youtube/answer/7002106 https://support.google.com/youtube/answer/6013276 https://support.google.com/youtube/answer/2797454 https://support.google.com/youtube/answer/1311402 https://support.google.com/youtube/answer/9245819 https://support.google.com/youtube/answer/2797370
"International Copyright Relations" US Copyright Office Circular https://www.copyright.gov/circs/circ38a.pdf
"Limitations on liability relating to material online" 17 USC 512 (DMCA) https://www.law.cornell.edu/uscode/text/17/512
TWEETS https://twitter.com/TotallyNotMark/status/1486378433785606152
"WE WON... sort of (TOEI UPDATE)" YouTube Video - January 26, 2022 - Totally Not Mark https://www.youtube.com/watch?v=BZM_Jxj_Y5c
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard's year of news appearances is almost unbelievable, but perhaps none more so than the announcement that Microsoft and Xbox is purchasing them for just under $70 BILLION in cash.
But now that unionization is officially something Activision has to consider, is the reorganization of QA across Raven Software really as benign as the company is suggesting?
QA and Raven both are now embedded in a Warzone of their own making, literally...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/pXsVtDiWnSg
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Discussed in this episode:
"Microsoft x Activision" Hoeg Law Playlist https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
TWEETS https://twitter.com/sweetpotatoes/status/1485799764033740805 https://twitter.com/LarkingOut/status/1485811381966413835 https://twitter.com/verge/status/1486108114617257990
LAWS https://www.law.cornell.edu/uscode/text/29/157 https://www.law.cornell.edu/uscode/text/29/158
NLRB SITES https://www.natlawreview.com/article/nlrb-adds-new-three-part-test-to-standard-evaluating-appropriateness-bargaining https://www.nlrb.gov/sites/default/files/attachments/basic-page/node-3024/basicguide.pdf
"THE PATH TO UNIONIZING HAS BEEN ROUGH FOR RAVEN SOFTWARE, AND IT’S ABOUT TO GET ROUGHER" The Verge - January 25, 2022 https://www.theverge.com/2022/1/25/22901563/raven-software-union-game-workers-alliance-activision-blizzard
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Do you love the work of Hollywood star Ana De Armas? Probably not as much as some, it would appear, as two plaintiffs have filed a class action lawsuit alleging false advertising against Universal Pictures and its film "Yesterday", primarily for not including the talented actress in the film.
But does a trailer really "represent and warrant" aspects of a final product motion picture, and what would it mean for the industry (and others) if it did?
It's both Yesterday's Enterprise and a star trek...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/-QgY5sOaHM4
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CHAPTERS
00:00 Introduction 02:05 Plaintiffs Missing Ana De Armas 06:35 Lawsuit Overview 20:17 Counts and Statutes 30:23 A Trip to the Amazon 35:15 Conclusion
Discussed in this episode:
"Lawsuit Claims Universal Duped Ana de Armas Fans Into Watching ‘Yesterday’" The Hollywood Reporter - January 21, 2022 https://www.hollywoodreporter.com/movies/movie-news/lawsuit-claims-universal-duped-ana-de-armas-fans-into-watching-yesterday-1235079328/
TRAILERS https://www.youtube.com/watch?v=6uqvgPm8U4c https://www.youtube.com/watch?v=xbqNb2PFKKA https://www.youtube.com/watch?v=6ZfuNTqbHE8
"Conor Woulfe v. Universal City Studios LLC" Filed January 21, 2022 https://www.courtlistener.com/docket/62621398/1/conor-woulfe-v-universal-city-studios-llc/
STATUTES https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=17200.&lawCode=BPC https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=17500.&lawCode=BPC https://law.justia.com/codes/maryland/2013/article-gcl/section-2-314/ https://law.justia.com/codes/maryland/2013/article-gcl/section-2-315/ https://law.justia.com/codes/maryland/2013/article-gcl/section-2-316/
AMAZON PAGES https://www.amazon.com/Yesterday-Himesh-Patel/dp/B07T77W9XW/ https://www.primevideo.com/help?nodeId=202095490&view-type=content-only https://www.amazon.com/gp/help/customer/display.html?nodeId=201909000&pop-up=1
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard's year of news appearances is almost unbelievable, but perhaps none more so than the announcement that Microsoft and Xbox is purchasing them for just under $70 BILLION in cash.
But while some have dismissed concerns that federal regulators like the FTC or DOJ could come calling, a look at the political environment of 2022 might give some a moment of pause.
Political agencies act with political motivations...in Virtual Legality.
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CHAPTERS
00:00 Introduction 02:19 The Ambiguities of Antitrust 06:33 Some Very Certain Analysts 16:50 A Changing Political Landscape 26:47 Congressional Antitrust Bills 30:45 Conclusion
Discussed in this episode:
"Microsoft x Activision" Hoeg Law Playlist https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
STATUTES https://www.law.cornell.edu/uscode/text/15/18
FTC/DOJ SITES AND DOCUMENTS https://www.ftc.gov/news-events/media-resources/mergers-and-competition/merger-review https://www.justice.gov/atr/horizontal-merger-guidelines-08192010 https://www.ftc.gov/system/files/documents/reports/us-department-justice-federal-trade-commission-vertical-merger-guidelines/vertical_merger_guidelines_6-30-20.pdf https://www.ftc.gov/system/files/documents/public_statements/1596396/statement_of_chair_lina_m_khan_commissioner_rohit_chopra_and_commissioner_rebecca_kelly_slaughter_on.pdf https://www.jdsupra.com/legalnews/ftc-votes-to-rescind-vertical-merger-3486202/ https://www.ftc.gov/news-events/press-releases/2022/01/ftc-and-justice-department-seek-to-strengthen-enforcement-against-illegal-mergers
ARTICLES https://kotaku.com/microsoft-s-activision-blizzard-purchase-isn-t-great-b-1848386247 https://www.gamesindustry.biz/articles/2022-01-19-unanswered-questions-about-microsofts-activision-blizzard-deal-opinion https://www.ign.com/articles/xbox-activision-blizzard-antitrust-monopoly https://techcrunch.com/2022/01/20/tech-antitrust-self-preferencing-bill-american-innovation-and-choice-online-act/ https://www.theverge.com/2022/1/18/22890100/antitrust-bill-apple-google-big-tech-senate
TWEETS https://twitter.com/BenjiSales/status/1483509768417337349 https://twitter.com/PaulTassi/status/1483510258425339910 https://twitter.com/Chris_Dring/status/1483564915990446086 https://twitter.com/RepJerryNadler/status/1484232680397053956
"Executive Order on Promoting Competition in the American Economy" July 9, 2021 - President Biden https://www.whitehouse.gov/briefing-room/presidential-actions/2021/07/09/executive-order-on-promoting-competition-in-the-american-economy/
PENDING BILLS https://www.congress.gov/bill/117th-congress/senate-bill/2992/text https://www.blumenthal.senate.gov/imo/media/doc/8.11.21%20-%20Open%20App%20Markets%20Act%20-%20Bill%20Text.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard's year of news appearances is almost unbelievable, but perhaps none more so than the announcement that Microsoft and Xbox is purchasing them for just under $70 BILLION in cash.
But with unionization efforts ongoing across ABK, what was likely to happen in the shadow of the transaction, and why have so many outlets jumped the gun on reporting the events at Raven.
Quoth the Gaming Journalists, 'nevermore'...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/GzU6oe4N69E
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Discussed in this episode:
"Microsoft x Activision" Hoeg Law Playlist https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
Tweets https://twitter.com/sweetpotatoes/status/1484556503621189638 https://twitter.com/Shannon_Liao/status/1468961296678748172 https://twitter.com/P_Betar/status/1484565189680939015 https://twitter.com/A_droSegovia/status/1484569470207242245 https://twitter.com/wcselfridge/status/1484564861518503942
Statutes https://www.law.cornell.edu/uscode/text/29/157 https://www.law.cornell.edu/uscode/text/29/159
NLRB Sites/Decisions https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/employees/your-right-to-form-a-union https://www.natlawreview.com/article/nlrb-adds-new-three-part-test-to-standard-evaluating-appropriateness-bargaining https://www.nlrb.gov/sites/default/files/attachments/basic-page/node-3024/basicguide.pdf
Articles https://www.polygon.com/22894041/call-of-duty-warzone-raven-software-union-activision-blizzard https://kotaku.com/call-of-duty-union-raven-software-activision-blizzard-s-1848399505 https://www.vice.com/en/article/88g5za/qa-testers-at-activision-blizzards-studio-raven-software-are-unionizing https://www.bloomberg.com/news/articles/2022-01-21/activision-employee-group-forms-union-a-first-in-video-games https://www.gamesindustry.biz/articles/2022-01-21-call-of-duty-qa-workers-vote-to-unionize
"A More Pixelated Union: A Look at the Path to Unionization in the Video Game Industry under Trump’s National Labor Relations Board" Will Selfridge - University of Miami Business Law Review https://repository.law.miami.edu/umblr/vol29/iss1/9/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard's year of news appearances is almost unbelievable, but perhaps none more so than the announcement that Microsoft and Xbox is purchasing them for just under $70 BILLION in cash.
But what of the crown jewel of Activision's console line-up: Call of Duty. Will the company intent on spending billions really permit its nearest competitor to reap the benefits of its gaming output?
Microsoft intends to answer the call...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/i4-vxNc3H3Y
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Discussed in this episode:
"Microsoft x Activision" Hoeg Law Playlist https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
Activision Blizzard EDGAR Filings
Partner Letter https://www.sec.gov/Archives/edgar/data/718877/000110465922005528/tm223212d11_defa14a.htm
"Sony ‘expects’ Microsoft to keep Activision games multiplatform" Polygon - January 20, 2022 https://www.polygon.com/22893082/microsoft-activision-blizzard-exclusives-call-of-duty-multiplatform
"Bethesda And Microsoft Respond To Starfield On PS5 Questions" Gamespot - August 31, 2021 https://www.gamespot.com/articles/bethesda-and-microsoft-respond-to-starfield-on-ps5-questions/1100-6495706/
"Had good calls this week with leaders at Sony..." Tweet - January 20, 2022 https://twitter.com/XboxP3/status/1484273335139651585
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard's year of news appearances is almost unbelievable, but perhaps none more so than the announcement that Microsoft is purchasing them for just under $70 BILLION in cash.
But what's actually in the agreement between these two juggernauts? How did the reporting get at least some aspects of it wrong? And will it really cost one side or the other $2B+ to end things?
You better be darn sure you want to break up...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/JgploLS9T5s
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CHAPTERS
00:00 Introduction 02:48 Merger Summary 23:14 What Reps Do (and Don't) Do 31:40 Conclusion
Discussed in this episode:
"Microsoft x Activision" Hoeg Law Playlist https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8
Activision Blizzard EDGAR Filings
General https://www.sec.gov/edgar/browse/?CIK=0000718877
Partner Letters https://www.sec.gov/Archives/edgar/data/718877/000110465922005528/tm223212d11_defa14a.htm https://www.sec.gov/Archives/edgar/data/718877/000110465922005529/tm223212d12_defa14a.htm
Merger Summary https://www.sec.gov/ix?doc=/Archives/edgar/data/0000718877/000110465922005154/tm223212d3_8k.htm
Merger Agreement https://www.sec.gov/Archives/edgar/data/0000718877/000110465922005154/tm223212d3_ex2-1.htm
"Fascinating Activision SEC filing about merger:.." Twitter Thread - January 19, 2022 - Stephen Totilo https://twitter.com/stephentotilo/status/1483809973155024897
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard's year of news appearances is almost unbelievable, but perhaps none more so than the announcement that Microsoft is purchasing them for just under $70 BILLION in cash.
But $70 BILLION could have been so much more at a market premium for the company offered not even a year ago. Did the $2T gorilla in the room "help" make such a deal possible in public (and other) statements, and where does CEO Bobby Kotick's ego fit in?
It's always Bobby, Bobby, Bobby...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/wLOfSWHGrMw
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CHAPTERS
00:00 Introduction 01:38 Whither Bobby Kotick 04:19 A Questionable Timeline (Wall Street Journal) 12:08 Discounting Big Bets 17:12 Deny, Deny, Deny 18:38 Phil Spencer Talks Activision 22:23 Microsoft's Own Shareholder Revolt 26:39 Buying the Press 28:35 Conclusion
Discussed in this episode:
Hoeg Law Videos
BUYING LOW | A Legal Look at Microsoft's Stunning Activision Acquisition (VL607)https://youtu.be/rzPuhjCZK7I
ACTIVISION BOMBSHELL | WSJ - "Bobby Kotick Knew" (VL575) https://youtu.be/uVS5d1ziQck
"Navigating" Activision Blizzard | From PlayStation Stings to Game Awards Things (VL588) https://youtu.be/Rv1tlRYkVS0
Will Xbox or PlayStation Actually ACT Against Activision Blizzard? (VL578) https://youtu.be/zSYpmT2hyCA
Xbox News Releases https://news.microsoft.com/2022/01/18/microsoft-to-acquire-activision-blizzard-to-bring-the-joy-and-community-of-gaming-to-everyone-across-every-device/ https://news.microsoft.com/2021/11/30/microsoft-holds-annual-shareholders-meeting-5/
"Activision Blizzard’s Workplace Problems Spurred $75 Billion Microsoft Deal" Wall Street Journal - January 18, 2022 https://www.wsj.com/articles/activision-blizzard-microsoft-deal-11642557922
"Xbox Boss Not Interested In 'Virtue Shaming' Activision" Kotaku - January 10, 2022 https://kotaku.com/xbox-boss-not-interested-in-virtue-shaming-activision-1848334067
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard has had a year of news appearances that is almost unbelievable, but perhaps none more so than the announcement that Microsoft is purchasing them for just under $70 BILLION in cash. Or are they? A lot to talk about.
Every company everywhere might wind up bought and sold...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/rzPuhjCZK7I
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PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
CHAPTERS
00:00 Introduction 02:18 Microsoft Talks to Gamers 11:52 The Deal Described (Buying Low) 21:14 Microsoft Talks to Its Employees 24:44 Acquisitions and Antitrust (Horizontal Mergers) 38:42 Conclusion
Discussed in this episode:
"Today is a historic moment." Tweet - January 18, 2022 - Xbox https://twitter.com/Xbox/status/1483431175041347584
Xbox News Releases https://news.xbox.com/en-us/2022/01/18/welcoming-activision-blizzard-to-microsoft-gaming/ https://news.microsoft.com/2022/01/18/microsoft-to-acquire-activision-blizzard-to-bring-the-joy-and-community-of-gaming-to-everyone-across-every-device/ https://news.microsoft.com/2022/01/18/satya-nadella-email-to-employees-bringing-the-joy-and-community-of-gaming-to-everyone/ https://news.microsoft.com/2022/01/18/phil-spencer-email-to-xbox-employees-re-bringing-the-joy-and-community-of-gaming-to-everyone/
Antitrust Considerations https://www.businessinsider.com/ruling-ftc-meta-facebook-lawsuit-instagram-whatsapp-can-proceed-2022-1 https://www.ftc.gov/news-events/media-resources/mergers-and-competition/merger-review https://www.law.cornell.edu/uscode/text/15/18 https://www.justice.gov/atr/horizontal-merger-guidelines-08192010
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
The US Supreme Court (SCOTUS) is nothing if not consistently inconsistent.
Unfortunately, in the US there is little in the way of protection from this particular band of nine religiously-dressed, unelected individuals; a fact made all the more clear when they issue two opposed opinions based on almost identical legal premises and arguments.
YouTube should love the number of times we say "vaccine mandates"...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/02nq9kw8u4o
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CHAPTERS
00:00 Introduction 05:01 The OSHA Opinion 18:39 The OSHA Concurrence (Major Questions) 27:43 The OSHA Dissent 32:34 The Healthcare Workers Decision 47:16 Pulling the Purse Strings (South Dakota v Dole) 56:40 The Healthcare Dissent (Major Questions; Notice and Comment) 1:00:29 Conclusion
Discussed in this episode:
National Federation of Independent Business v OSHA SCOTUS - January 13, 2022 https://www.supremecourt.gov/opinions/21pdf/21a244_hgci.pdf
Biden v Missouri SCOTUS - January 13, 2022 https://www.supremecourt.gov/opinions/21pdf/21a240_d18e.pdf
South Dakota v. Dole 483 U.S. 203 (1987) https://supreme.justia.com/cases/federal/us/483/203/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
The Los Angeles Police Department (LAPD) has a long history of dealing with some pretty bad apples, but when its officers pretend they can't hear a robbery call in order to...chase after Pokemon? Well, that might put a whole new spin on the concept of "lazy".
What was once sleeping on the job is now chasing the "Sleeping Pokemon"...in Virtual Legality.
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Discussed in this episode:
Lozano vs City of Los Angeles January 7, 2022 https://www.courts.ca.gov/opinions/documents/B307412.PDF
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Twitch finds itself in the center of another controversy as leading streamers Pokimane and Hasan learn the limits of fair use and reaction videos.
Largesse may exist, but it sure as heck isn't fair...in Virtual Legality.
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Discussed in this episode:
"Pokimane Receives First Twitch Ban, But It's Only Temporary" Kotaku - January 8, 2022 https://kotaku.com/pokimane-temporarily-banned-on-twitch-after-streaming-a-1848326406
HOEG LAW VIDEOS https://youtu.be/YqtNzodB-u4 https://youtu.be/VtV_nYZT-mg https://youtu.be/vTjsKrC3tOE https://youtu.be/sNRk_BV5rFg https://youtu.be/E7wnROhHBH4
"Exclusive rights in copyrighted works" 17 USC 106 https://www.law.cornell.edu/uscode/text/17/106
"Limitations on exclusive rights: Fair use" 17 USC 107 https://www.law.cornell.edu/uscode/text/17/107
Twitch Terms https://www.twitch.tv/p/en/legal/terms-of-service/#8-user-content
"everything is fair use" Twitter Thread - Hasanabi https://twitter.com/hasanthehun/status/1479837163546034176
"A majority of game publishers actively promote sharing." Tweet - Ryan Wyatt https://twitter.com/Fwiz/status/1479858137041539074
"Steam Subscriber Agreement" https://store.steampowered.com/subscriber_agreement/
"Video & Streaming Policy" http://studiomdhr.com/video-streaming-policy/
PlayStation Cuphead Page https://store.playstation.com/en-us/product/UP8062-CUSA20499_00-CUPHEAD000000000
"Software Product License Agreement" https://www.playstation.com/en-us/legal/softwarelicense/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Acquisition season never stops in the world of video games and Take Two Interactive wants to get in on the action. What does the game publisher's announced $12.7B acquisition of mobile publisher Zynga mean for the company and its shareholders? For everyone else?
There's a lot to discuss.
We go from Farmville to Northville...in Virtual Legality.
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Discussed in this episode:
"Take-Two and Zynga to Combine, Bringing Together Best-in-Class Intellectual Properties and a Market-Leading, Diversified Mobile Publishing Platform, to Enhance Positioning as a Global Leader in Interactive Entertainment" Press Release - January 10, 2022 https://www.businesswire.com/news/home/20220110005389/en/Take-Two-and-Zynga-to-Combine-Bringing-Together-Best-in-Class-Intellectual-Properties-and-a-Market-Leading-Diversified-Mobile-Publishing-Platform-to-Enhance-Positioning-as-a-Global-Leader-in-Interactive-Entertainment
"Take-Two Interactive Software, Inc. to Change Name of Operational Metric from “Net Sales” to “Net Bookings”" Press Release - November 1, 2017 https://www.businesswire.com/news/home/20171101005036/en/Take-Two-Interactive-Software-Inc.-to-Change-Name-of-Operational-Metric-from-%E2%80%9CNet-Sales%E2%80%9D-to-%E2%80%9CNet-Bookings%E2%80%9D
"T2's acquisition of #Zynga has generated an immediate downturn in T2's stock price." Twitter Thread - Game Over Thirty https://twitter.com/GameOverThirty/status/1480561213830537228
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard never stays out of the news for long, but this time it's the publisher that is bringing the legal action against cheat merchants EngineOwning.
Is it a slam dunk, or is the answer more complex than it might first appear?
Dredd it, run from it, the Law still arrives...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/uUtpAkpmZNA
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CHAPTERS
00:00 Introduction 03:52 The Lawsuit (Overview) 14:04 Establishing Jurisdiction 16:39 The Facts Alleged 22:00 Revenge of the DMCA 23:14 Interfering with Contracts (Unfair Competition) 31:35 Enforcing Judgment Abroad 33:25 Conclusion
Discussed in this episode:
"Activision files lawsuit against notable cheat provider EngineOwning" CharlieIntel - January 4, 2022 https://charlieintel.com/activision-sues-warzone-cheat-provider-engineowning/155447/
Activision vs EngineOwning Filed January 4, 2022 https://s3.documentcloud.org/documents/21173574/activision-publishing-v-engineowning-ug.pdf
"Circumvention of copyright protection systems" 17 USC 1201 https://www.law.cornell.edu/uscode/text/17/1201
"Civil remedies" 17 USC 1203 https://www.law.cornell.edu/uscode/text/17/1203
"Intentional Interference With Contractual Relations - Essential Factual Elements" CA Form Jury Instructions https://www.justia.com/trials-litigation/docs/caci/2200/2201/
"Will Your U.S. Judgment Be Enforced Abroad?" Harris Bricken Website - July 22, 2020 https://harrisbricken.com/blog/will-your-u-s-judgment-be-enforced-abroad/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Before Activision, California's Department of Fair Employment and Housing (DFEH) successfully stopped a private class action brought against Riot Games (League of Legends), from settling for a "mere" $10M.
Now, the DFEH and California's Division of Labor Standards Enforcement (DLSE) have realized a great victory from such efforts, as the game maker has agreed to settle instead for 10x that amount (as well as three years of additional agency scrutiny).
But what may be even more interesting is that it all takes place in the shadow of a pending federal settlement for Activision Blizzard.
They may be different cases, but they are not "leagues" apart...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/fCfayMcQJUI
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CHAPTERS
00:00 Introduction 02:22 The Kotaku Article 06:53 A Private Action 09:11 California Intervenes 15:24 Riot's $100M Settlement (Washington Post) 24:10 Settlement Terms (Echoes of Activision) 31:53 Conclusion
Discussed in this episode:
"BREAKING NEWS..." Twitter Thread - December 27, 2021 - Shannon Liao https://twitter.com/Shannon_Liao/status/1475663471530455044
"Activision Under Fire: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ
"Inside The Culture Of Sexism At Riot Games" Kotaku - August 7, 2018 https://kotaku.com/inside-the-culture-of-sexism-at-riot-games-1828165483
"THE LABOR CODE PRIVATE ATTORNEYS GENERAL ACT OF 2004" https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LAB&division=2.&title=∂=13.&chapter=&article=
"Women suing Riot Games may deserve $400 million, not $10 million, state regulator says" LA Times - January 21, 2020 https://www.latimes.com/business/technology/story/2020-01-21/riot-games-gender-discrimination-settlement
"DFEH Files Request for Enforcement of Court Order Compelling Riot Games, Inc. to Send Notice to Workers about their Right to Speak with the Government" https://www.dfeh.ca.gov/wp-content/uploads/sites/32/2021/08/Riot_PR2021-08-16.pdf
DFEH Notices https://www.dfeh.ca.gov/wp-content/uploads/sites/32/2021/08/Notice-of-Worker-Rights-DFEH-v.-Riot-Games-Inc..pdf https://www.dfeh.ca.gov/wp-content/uploads/sites/32/2021/02/RIOTGamesNotice.pdf
"Riot Games Gets Go-Ahead to Talk Settlement in Gender Bias Suit" Bloomberg Law - October 1, 2021 https://news.bloomberglaw.com/daily-labor-report/riot-games-gets-go-ahead-to-talk-settlement-in-gender-bias-suit
"Riot Games agrees to pay $100 million in settlement of class-action gender discrimination lawsuit" Washington Post - December 27, 2021 https://www.washingtonpost.com/video-games/2021/12/27/riot-discrimination-100-million-settlement/
"Riot Games, Inc. Agrees to $100 Million Settlement and Systemic Reforms to Resolve Allegations of Workplace Sex Discrimination and Harassment" DFEH Press Release - December 27. 2021 https://www.dfeh.ca.gov/wp-content/uploads/sites/32/2021/12/RiotGamesPR12.27.21.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
I'm always enthused about helping folks understand the importance of reading contracts, so when Twitter user negaoryx opined on the "fine print" of NZXT's new Partner Program, I thought it a great jumping off point to discuss a few aspects of the modern "contract of adhesion" through a close examination of those program terms.
We're pretty sure "negaoryx" is a pokemon reference, but we just can't be positive...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/_d5KM8wfP-E
SUPPORTING THE CHANNEL
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CHAPTERS
00:00 Introduction 03:40 The NZXT Partner Program 07:31 Diving into the Program Terms 17:09 Licensing Your Content 29:22 Mandatory Arbitration Issues 33:15 Conclusion
Discussed in this episode:
TWEETS AND THREADS https://twitter.com/negaoryx/status/1473497125744832519 https://twitter.com/dreigo42/status/1473499527411867650 https://twitter.com/NZXT/status/1473348802333396993
NZXT Webpages https://nzxt.com/about https://nzxt.com/partner-program?utm_source=twitter&utm_medium=social&utm_campaign=partnerprogram&utm_content=post https://nzxt.com/auth/postlogin?redirect_to=https://nzxt.com/partner-program/form
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
NFT. Three letters that have gotten more than their share of vitriol in the very recent past, for some good reasons, and for some...not so good. What could non-fungible tokens do in the world of video games (and the world at large), and what are they currently doing?
We take a look at the possibilities through the eyes of Ubisoft and their Quartz project, as well as how real artists are dealing with infringement claims and DMCA requirements at NFT marketplace OpenSea.
I'm pretty sure (but not certain) that we're non-fungible...in Virtual Legality.
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CHAPTERS
00:00 Introduction 01:35 Ubisoft's Vision of the Future 06:56 Ubisoft's Reality of the Present (Quartz and Digits) 18:05 Securities Law Issues 23:04 Negative Reactions Abound 27:11 The Problem of Infringement (OpenSea) 34:05 Understanding the DMCA 42:45 Conclusion
Discussed in this episode:
"The Non-Fungible Token Bible: Everything you need to know about NFTs" OpenSea Blog - January 10, 2020 https://opensea.io/blog/guides/non-fungible-tokens/
Ubisoft Sites https://news.ubisoft.com/en-us/article/kujZ0Njdh6cojf6rzlEN0/ubisofts-vision-for-blockchain https://quartz.ubisoft.com/dashboard https://legal.ubi.com/ubisoftquartzterms/en-US
"Framework for “Investment Contract” Analysis of Digital Assets" SEC Website https://www.sec.gov/corpfin/framework-investment-contract-analysis-digital-assets
NFT Reactions https://kotaku.com/ubisofts-nft-announcement-has-been-intensely-disliked-1848182203 https://kotaku.com/ubisoft-devs-don-t-understand-company-s-nft-push-eithe-1848215633 https://arstechnica.com/gaming/2021/12/s-t-a-l-k-e-r-2-developer-quickly-cancels-nft-plans-after-fan-outcry/
Hoeg Tweets https://twitter.com/HoegLaw/status/1468276678388506633 https://twitter.com/HoegLaw/status/1468712259186794499
"Building an open digital economy" Open Sea Website https://opensea.io/about
OpenSea Takedown Threads (Twitter) https://twitter.com/CirenSong/status/1472502128467972102 https://twitter.com/NFTtheft/status/1471640210588852227
"Limitations on liability relating to material online" 17 USC 512 (DMCA) https://www.law.cornell.edu/uscode/text/17/512
Designated Agent (OpenSea) https://dmca.copyright.gov/osp/publish/history.html?search=OpenSea&id=e30495e1a260356f63b30abd98dedfc8
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
It's that time of year again. Tom Hoeg, long thought lost to the underbelly of the gaming industry, has awoken, and just in time for him to explain to me how the many entries on my Top Ten Games of the Year are either completely or mostly wrong.
THABTO is back and here to celebrate the year that was gaming in 2021!
Please consider supporting the channel below!
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law...
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list...
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
The disastrous release of CDPR's Cyberpunk 2077 in December 2020 was met with poor messaging, recriminations, and the seemingly inevitable: a class action lawsuit.
But while some wanted to sue the company for a faulty product, the primary legal action was brought by the company's investors who accused CD Projekt of not being honest with the state of the game behind the scenes or how it would be received upon release.
Now, nearly a year after those suits were filed, the game publisher has announced its entrance into a binding settlement term sheet. What does that process look like, and what did the company agree to pay?
At rates like these, perhaps the cyberjuice is worth the cybersqueeze...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/hqWZMUMHUqU
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PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
Discussed in this episode:
"CD Projekt, CDPR, and Cyberpunk 2077: We Have a Reputation to Burn" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy8QxfJHOJGH8UsiYOqjwhq3
"CD Projekt Sued Over Alleged Cyberpunk Lies! Let's Read the Lawsuit! (VL379)" YouTube Video - December 28, 2020 - Hoeg Law https://youtu.be/_qXytLM4Gv8
Form of CDPR Lawsuit The Rosen Law Firm https://www.rosenlegal.com/media/casestudy/2267_Cd%20Projekt%20-%20Complaint%204849-9033-8517%20v.1.pdf
"CD PROJEKT S.A. (OTGLF) CEO Adam Kiciński on Q3 2020 Results - Earnings Call Transcript" Seeking Alpha Transcript - November 25, 2020 https://seekingalpha.com/article/4391610-cd-projekt-s-otglf-ceo-adam-kicinski-on-q3-2020-results-earnings-call-transcript
"Keanu Reeves denies ever playing Cyberpunk, contrary to CD Projekt claims" VGC - December 14, 2021 https://www.videogameschronicle.com/news/keanu-reeves-denies-ever-playing-cyberpunk-contrary-to-cd-projekt-claims/
CD Projekt Board Reports https://www.cdprojekt.com/en/investors/regulatory-announcements/current-report-no-27-2021/ https://www.cdprojekt.com/en/investors/regulatory-announcements/current-report-no-43-2021/ https://www.cdprojekt.com/en/investors/regulatory-announcements/current-report-no-45-2021/
"CD Projekt Red made hundreds of millions on 'Cyberpunk 2077' despite the refunds" Engadget - April 23, 2021 https://www.engadget.com/cd-projekt-red-cyberpunk-2077-2020-fiscal-year-earnings-040643067.html
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Final Fantasy XIV Online has dropped its latest expansion, Endwalker, and it is popular. So popular in fact that wait times have proven a topic of controversy for players and Square Enix alike, going so far as to see the game published actually suspend sales of the game going into the holiday season.
Did Square Enix have to make the move legally? And why do I think this one of the more positive gaming news stories of the year?
We make the Endwalker wait times melt away...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/LDX9qefY1bs
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PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
CHAPTERS
00:00 Introduction 01:35 Legality and FF XIV's Terms of Service 17:27 Square Enix Pulls FF XIV Sales and Ads 29:43 Conclusion
Discussed in this episode:
"Response to Congestion (as of Dec. 15)" Final Fantasy XIV News Post - December 15, 2021 https://na.finalfantasyxiv.com/lodestone/news/detail/e7388986bc24d5a1337e0beed057f7b5b78b9bb3
"Got a question for the awesome [Hoeg Law]..." Twitter Thread - December 15, 2021 - Ginger Prime https://twitter.com/delmontyb/status/1471201778704297984
WorktoGame Videos https://www.youtube.com/c/WorkToGameVideos
Final Fantasy XIV User Agreement Updated - December 24, 2019 https://support.na.square-enix.com/rule.php?id=5382&la=1&tag=users_en
"As a lawyer, I have to say, you can sue anyone for anything..." Twitter Thread - December 15, 2021 - Dallas https://twitter.com/Kaslo25/status/1471208276419297280
"Announcing Server Enhancements and the Temporary Suspension of Digital Download Sales (08/28/2013)" Final Fantasy XIV News Post - August 28, 2013 https://na.finalfantasyxiv.com/lodestone/topics/detail/e3a37c6c1c83ed7fc1e26a7a9d1308da98f95947
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
California's Department of Fair Employment and Housing (DFEH) tried to stop the US Equal Employment Opportunity Commission (EEOC) from settling with Activision, but the resulting fallout not only sullied the reputations of both agencies, but has also proved to be all for naught.
Wanting something doesn't make it a federal case, as the State of California just found...in Virtual Legality.
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Discussed in this episode:
"Activision Under Fire: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ
"Intervention" Federal Rules of Civil Procedure (FRCP) Rule 24 https://www.law.cornell.edu/rules/frcp/rule_24
Intervention Motion, Consent Decree, and Response https://www.courtlistener.com/docket/60492502/36/us-equal-employment-opportunity-commission-v-activision-blizzard-inc/ https://investor.activision.com/consent-decree-with-EEOC https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.35.0.pdf
"Activision Avoids California Bid to Intervene in Settlement " Bloomberg Law - December 13, 2021 https://news.bloomberglaw.com/us-law-week/activision-judge-denies-california-bid-to-challenge-settlement
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
What do you get when you combine dungeons, dragons, corporate reorganizations, trademark law, acquisition law, crowdfunding, and libel claims? A Collection of Oddities (feat. TSR and Wizards of the Coast).
We read the fine print on fundraising campaigns...in Virtual Legality.
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CHAPTERS
00:00 Introduction 02:38 The Indiegogo Campaign 12:48 Wizards Sends Cease and Desist 17:40 The Game Wizards and Cancellation 23:22 An Odd Set of Trademark Applications 26:01 Abandonment and TSR's Lawsuit 38:50 Discretion and More Red Flags 40:58 Conclusion
Discussed in this episode:
"TSR, Inc." Wikipedia Entry https://en.wikipedia.org/wiki/TSR,_Inc.
"TSR has launched a campaign to stop Wizards of the Coast" Indiegogo Campaign https://www.indiegogo.com/projects/support-tsr-against-wizards-of-the-coast#/ https://www.indiegogo.com/projects/support-tsr-against-wizards-of-the-coast#/updates/all
Dungeon Hobby Shop Museum (DHSM) Website https://tsrmuseum.com/
TSR LLC v. Wizards of the Coast LLC Court Listener https://www.courtlistener.com/docket/61599923/1/tsr-llc-v-wizards-of-the-coast-llc/ https://www.courtlistener.com/docket/61599923/1/1/tsr-llc-v-wizards-of-the-coast-llc/ https://www.courtlistener.com/docket/61599923/2/tsr-llc-v-wizards-of-the-coast-llc/
ASSET PURCHASE AGREEMENT (Sample) https://www.sec.gov/Archives/edgar/data/1538217/000155335018000875/srax_ex10z01.htm
Trademark Filings (Search - https://tsdr.uspto.gov/) 90124839 90124788 90124287 90148524 90148334 90276510 90276506
Cancellation Filings (90124839 Mark) https://ttabvue.uspto.gov/ttabvue/v?pno=92078589 https://ttabvue.uspto.gov/ttabvue/v?pno=92078589&pty=CAN&eno=1 https://tmep.uspto.gov/RDMS/TFSR/current#/current/sec-be547ab1-b587-4b44-abc6-3ca12e56141d.html https://tmep.uspto.gov/RDMS/TMEP/current#/current/TMEP-1200d1e6468.html
TSR LLC v Wizards of the Coast Filed December 7, 2021 https://storage.courtlistener.com/recap/gov.uscourts.nced.191410/gov.uscourts.nced.191410.1.0_1.pdf
"What is a trademark?" USPTO Website https://www.uspto.gov/trademarks/basics/what-trademark
"Construction and definitions; intent of chapter" 15 USC 1127 https://www.law.cornell.edu/uscode/text/15/1127
Voluntary Dismissal Document https://www.courtlistener.com/docket/61599923/2/tsr-llc-v-wizards-of-the-coast-llc/
"I am very concerned that the fundraising for this "lawsuit" remains active..." Tweet - December 11, 2021 - Mike Dunford https://twitter.com/questauthority/status/1469658733097664519
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
When Activision Blizzard was originally sued by the State of California, many had something to say. But one stood out. Washington-based game developer and creator of Destiny, Bungie, went out of its way to tweet, post, and comment on the fact that it was different. It was better than others in the industry.
But now, IGN has something to say about all of that. Let's take a look.
You always have to watch for the rebound when dealing with a bungie...in Virtual Legality.
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CHAPTERS
00:00 Introduction 00:48 Bungie Jumps Into the Fray 06:34 IGN's Exposé - An Overview 10:04 Dysfunction Junction 13:57 Setting the Narrative 41:20 Assholes All Around 45:36 Severance and Non-Disparagement 50:25 Hostile to Women 57:19 Medical Maladies 1:00:44 Setting the Goalposts 1:04:47 Responding to the Issue 1:08:13 Conclusion
Discussed in this episode:
"Bungie is built on empowering our people..." Twitter Thread - July 22, 2021 - Bungie https://twitter.com/Bungie/status/1418317046413103109
"Activision's Messaging STRUGGLE (California vs Activision Blizzard) (VL514)" YouTube Video - July 26, 2021 - Hoeg Law https://youtu.be/GMHRl5pd-Y4
"DIVERSITY & INCLUSION LEARNINGS AND UPDATES" Bungie Blog Post - September 29, 2021 https://www.bungie.net/en/News/Article/50746
"The Battle for Bungie's Soul: Inside the Studio's Struggle for a Better Work Culture" IGN - December 10, 2021 https://www.ign.com/articles/bungie-report-battle-soul-work-culture-harassment-crunch
"A Letter From CEO Bobby Kotick Regarding Progress and Commitments Made at Activision Blizzard" Activision Blog Post - October 28, 2021 https://investor.activision.com/news-releases/news-release-details/letter-ceo-bobby-kotick-regarding-progress-and-commitments-made
"A MESSAGE FROM BUNGIE CEO PETE PARSONS" Bungie Blog Post - December 10, 2021 https://www.bungie.net/en/Explore/Detail/News/50895
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
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DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard has responded to the ABK Workers Alliance (ABetterABK) union drive, and while some would like to imply their response is illegal (or otherwise untoward, it's a fair bit more complicated than that.
Join us for a trip (back) into the National Labor Relations Act, what a card check drive actually is, and how the first amendment protects Activision's management as surely as it protects its employees.
Ray Parker Jr. might not really have known all there was to know about bustin' ...in Virtual Legality.
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CHAPTERS
00:00 Introduction 02:09 Activision Responds (Responses to the Response) 06:56 CWA Calls for Neutrality 12:16 IGN and Understanding Illegality 21:06 Analyzing the Response 35:43 Conclusion
Discussed in this episode:
"Activision Under Fire: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ
"A union busting email..." Twitter Thread - December 10, 2021 - Jessica Gonzalez https://twitter.com/BlizzJess/status/1469355495664193536
"It's disappointing to see Activision Blizzard management..." Twitter Thread - December 10, 2021 - CODE-CWA https://twitter.com/CODE_CWA/status/1469393776082833417
"NLRB Changes Its Stance Towards Employer-Union Neutrality Agreements" KMM Website - February 11, 2021 https://www.kmm.com/articles-659.html
"Activision Blizzard Staff Announce Start of New Strike Action [Update]" IGN - Updated December 10, 2021 https://www.ign.com/articles/activision-blizzard-strike-abk-workers-alliance
NLRA Provisions https://www.law.cornell.edu/uscode/text/29/157 https://www.law.cornell.edu/uscode/text/29/158
"Interfering with employee rights (Section 7 & 8(a)(1))" NLRB Website https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/interfering-with-employee-rights-section-7-8a1
NLRB v. Gissel Packing Co., Inc., 395 U.S. 575 (1969) https://supreme.justia.com/cases/federal/us/395/575/
"Your Right to Form a Union" NLRB Website https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/employees/your-right-to-form-a-union
CWA Authorizing Card (Form) https://cwa-union.org/sites/default/files/form_0-100.pdf
"Le Marquis Hotel, LLC - Decision Summary" CaseText - October 10, 2003 https://casetext.com/analysis/le-marquis-hotel-llc-decision-summary
"Quarterly Update of NLRB and Related Court Decisions January 2007" Jackson Lewis Website - January 31, 2007 https://www.jacksonlewis.com/resources-publication/quarterly-update-nlrb-and-related-court-decisions-january-2007
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Epic v Apple Deadline Day - The district court's injunction against Apple's anti-steering guidelines would have gone into effect today. But...it didn't, and the ramifications will be felt across the iOS ecosystem.
How did the ninth circuit arrive at its decision to pause the injunction?
Sometimes we know what we're talking about...in Virtual Legality.
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Discussed in this episode:
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"App Store Review Guidelines" https://developer.apple.com/app-store/review/guidelines/
Ninth Opinions (Dec 2021) https://www.scribd.com/document/545680953/21-12-08-Order-Granting-Apple-Motion-to-Stay-Injunction https://www.scribd.com/document/545681724/21-12-08-Order-Denying-CAF-Et-Al-Motion-to-File-Acb
Foss Patents Blog http://www.fosspatents.com/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard's 2021 is about to get more fraught as the ABK Workers Alliance (ABetterABK) calls for a strike, starts a fundraiser to support that strike, and, perhaps most importantly, distributes union authorization cards in the midst of one of the most tumultuous times in the company's history.
Do they have the 30% support necessary to really put the pressure on Activision here? And what does that mean anyway?
There's no question this activity is "concerted", the question is whether the employees are with them...in Virtual Legality.
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CHAPTERS
00:00 Introduction 00:54 A Better ABK Calls for Strike 10:07 A Risky Proposition 17:27 Authorizing a Union 25:20 Conclusion
Discussed in this episode:
"Activision Under Fire: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ
"Today, the ABK Worker's Alliance announces the initiation of its strike." Tweet - December 9, 2021 - ABetterABK https://twitter.com/ABetterABK/status/1468943518248980486
"ABK Strike Fund" GoFundMe Page https://www.gofundme.com/f/abk-strike-fund
"Right of employees as to organization, collective bargaining, etc." 29 USC 157 https://www.law.cornell.edu/uscode/text/29/157
"Unfair labor practices" 29 USC 158 https://www.law.cornell.edu/uscode/text/29/158
"Right to strike preserved" 29 USC 163 https://www.law.cornell.edu/uscode/text/29/163
Walmart v Our Walmart NLRB Decision (Page 50 of 137) https://www.employmentlawinsights.com/wp-content/uploads/sites/5/2016/01/wal-mart-decision.pdf
"Definitions" 29 USC 152 https://www.law.cornell.edu/uscode/text/29/152#8
"The Right to Strike" National Labor Relations Board Webpage https://www.nlrb.gov/strikes
"Activision Blizzard employees are taking one more step towards unionization today..." Twitter Thread - December 9, 2021 https://twitter.com/Shannon_Liao/status/1468963095091372046
"All I want for christmas is an ABK union" Tweet - December 9, 2021 - Jessica Gonzalez https://twitter.com/BlizzJess/status/1468943519486124038
"Your Right to Form a Union" National Labor Relations Board Webpage https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/employees/your-right-to-form-a-union
"Representatives and elections" 29 USC 159 https://www.law.cornell.edu/uscode/text/29/159
Basic Guide to the National Labor Relations Act NLRB Document https://www.nlrb.gov/sites/default/files/attachments/basic-page/node-3024/basicguide.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
YouTuber Totally Not Mark has had 150+ videos removed by Dragon Ball copyright holder Toei Animation, but his is not a simple case of clear infringement.
Instead, as journalistic outlets opine as to the applicability of fair use, fair dealing, and more in the US, Ireland, and Japan, the pressing issues of YouTube Content ID "system" come ever more into focus.
It's TNF instead of NFT... today in Virtual Legality.
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Discussed in this episode:
"Over 150 Videos GONE - My Response to Toei Animation & Youtube" YouTube Video - December 8, 2021 - Totally Not Mark https://youtu.be/WaeqXWzaizY
"YouTuber Hit With 150 Copyright Claims For Reviews Featuring Anime Footage" Kotaku December 8, 2021 https://kotaku.com/youtuber-hit-with-150-copyright-claims-for-reviews-feat-1848178180
YouTube Pages TERMS - https://www.youtube.com/static?template=terms https://support.google.com/youtube/answer/7002106 https://support.google.com/youtube/answer/6013276 https://support.google.com/youtube/answer/2797454 https://support.google.com/youtube/answer/1311402 https://support.google.com/youtube/answer/9245819 https://support.google.com/youtube/answer/2797370
"International Copyright Relations" US Copyright Office Circular https://www.copyright.gov/circs/circ38a.pdf
"Limitations on exclusive rights: Fair use" 17 USC 107 https://www.law.cornell.edu/uscode/text/17/107
"Republic of Ireland: Copyright FAQs" IAML (UK & Irl) Trade and Copyright Committee Website https://iaml-uk-irl.org/copyright-faqs-%E2%80%94-ireland#7
"Limitations on liability relating to material online" 17 USC 512 (DMCA) https://www.law.cornell.edu/uscode/text/17/512
"Unfiltered: How YouTube’s Content ID Discourages Fair Use and Dictates What We See Online" EFF - December 10, 2020 https://www.eff.org/wp/unfiltered-how-youtubes-content-id-discourages-fair-use-and-dictates-what-we-see-online
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Epic v Apple has reached a milestone, as the district court's deadline to prevent Apple's use of an anti-steering provision is upon us. What is the status of Apple's appeal to the Ninth Circuit? (And why do I still think a stay is likely?)
The law moves slow...in Virtual Legality.
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CHAPTERS
00:00 Introduction 05:09 Apple Requests a Stay from the Ninth Circuit 18:05 Epic Opposes Apple's Request 25:46 CAF Tries to File as a "Friend" 28:22 Apple Redoubles Its Efforts 34:25 Conclusion
Discussed in this episode:
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"App Store Review Guidelines" https://developer.apple.com/app-store/review/guidelines/
Foss Patents Blog http://www.fosspatents.com/
Ninth Circuit Motion Documents (Nov-Dec 2021) https://www.scribd.com/document/540698847/21-11-16-9th-Cir-Apple-Motion-to-Stay-Injunction https://www.scribd.com/document/542808496/21-11-26-Epic-Games-Opposition-to-Apple-Motion-to-Stay-Injunction-9th-Cir https://www.scribd.com/document/544010067/21-11-30-Apple-Response-to-Motion-for-Leave-to-File-Acb https://www.scribd.com/document/544010068/21-11-30-Apple-Reply-in-Support-of-Motion-to-Stay-Injunction
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard CEO Bobby Kotick is facing one of the most precarious times of his long reign at the video game publisher.
Now - the ESA has spoken, Microsoft shareholders have thoughts (as do at least a half dozen state treasurers), and even The Game Awards have been drawn into the fray. It's clear that Activision has cast a pall on the industry. The question is whether the industry is equipped to handle it.
What do PlayStation and The Game Awards have in common? Stings...in Virtual Legality.
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CHAPTERS
00:00 Introduction 01:20 The ESA Speaks 04:37 Microsoft Shareholders Ask for Transparency 08:26 A Better ABK Loses A Leader 11:19 State Treasurers Pressure Activision 21:30 The Game Awards Navigates Controversy 30:49 Raven Layoffs and Walkout 42:35 PlayStation Executive Gets Stung 48:01 Conclusion
Discussed in this episode:
"Activision Under Fire: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ
"I’ve been asking the ESA for comment..." Tweet - November 23, 2021 - Stephen Totilo https://twitter.com/stephentotilo/status/1463261970434506760
"Earlier today, shareholders voted for Microsoft to issue a public report..." Twitter Thread - November 30, 2021 - Stephen Totilo https://twitter.com/stephentotilo/status/1465892826928103424
"Microsoft holds annual shareholders meeting" Microsoft Webpage https://news.microsoft.com/2021/11/30/microsoft-holds-annual-shareholders-meeting-5/
"My resignation from Blizzard..." Jessica Gonzalez - November 30, 2021 https://twitter.com/BlizzJess/status/1465714592189849613
"Activision Blizzard walkout organizer resigns" Axios - November 30, 2021 https://www.axios.com/activision-blizzard-walkout-organizer-resigns-c06e5145-a747-4cbf-b028-bd44329be19f.html
"6 state treasurers pressure Activision over misconduct allegations" Axios - December 1, 2021 https://www.axios.com/state-treasurers-pressure-activision-over-misconduct-352fe2e6-64d4-4f30-ba7e-39e0e13419de.html
"What to expect at the 2021 Game Awards" Washington Post - December 3, 2021 https://www.washingtonpost.com/video-games/2021/12/03/game-awards-announcements/
"Beyond its nominations, I can confirm..." Tweet - December 4, 2021 - Geoff Keighley https://twitter.com/geoffkeighley/status/1467007741214347264
"I am gutted right now." Twitter Thread - December 3, 2021 - Austin O'Brien https://twitter.com/eyyohbee/status/1466890788235878409
"Some workers at Call of Duty Warzone maker..." Twitter Thread - December 6, 2021 - Stephen Totilo https://twitter.com/stephentotilo/status/1467881509587755011
"Sony fires PlayStation exec who allegedly appeared in pedophile sting video" CNET - December 6, 2021 https://www.cnet.com/tech/gaming/sony-fires-playstation-executive-that-allegedly-appeared-in-pedophile-sting-video/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Alec Baldwin has done the unthinkable, not just in wielding the gun that shot and killed Halyna Hutchins on the set of Rust in October of this year, but in giving a national interview to George Stephanopoulos of ABC News before the investigation has even run its course.
Why would someone do such a reckless thing? Why would his lawyers allow it?
Alec Baldwin has a lot to answer for, as we discuss...in Virtual Legality.
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CHAPTERS
00:00 Introduction 03:25 Real Legal Risk 06:31 Why Talk At All 09:39 Setting the Scene 13:00 It Wasn't Me 17:07 The Blame Game (Victim and Gun) 23:05 The Blame Game (Armorer) 25:26 The Blame Game (Other Producers) 29:23 The Blame Game (First Responders, Odds) 30:44 A Better Way 32:25 Abdication of Responsibility 36:27 Conclusion
Discussed in this episode:
"A prop gun discharged by Alec Baldwin killed a film crew member on set, sheriff says" NPR - October 21, 2021 https://www.npr.org/2021/10/21/1048246249/woman-killed-alec-baldwin-film-prop-firearm-new-mexico
ALEC BALDWIN - UNSCRIPTED (Interview) ABC News - Hulu (Paywall) https://www.hulu.com/series/alec-baldwin-unscripted-22edd129-fede-4419-b74a-102428475d1a
"I can’t even tell you how much this isn’t helping." Tweet - December 2, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1466590674069835776
30-2-3. Manslaughter. 2011 New Mexico Statutes https://law.justia.com/codes/new-mexico/2011/chapter30/article2/section30-2-3/
30-7-4. Negligent use of a deadly weapon. 2011 New Mexico Statutes https://law.justia.com/codes/new-mexico/2011/chapter30/article7/section30-7-4/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard is not the only company in the video game industry facing scrutiny for its treatment of women. But unlike individuals, not all lawsuits are created equal, as we'll find we look at the proposed class action lawsuit recently brought against Sony Interactive Entertainment (SIE).
It may be actionable, but it's not Activision...in Virtual Legality.
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CHAPTERS
00:00 Introduction 02:49 Sony Sued 05:35 The Complaint (Overview) 06:43 Why Not the DFEH? 13:04 Alleging Systematic Discrimination 21:33 The Facts Presented 39:09 A Host of Legal Claims 44:04 Conclusion
Discussed in this episode:
"Activision Under Fire: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ
"Lawsuit against PlayStation alleges gender discrimination" Axios - November 23, 2021 https://www.axios.com/playstation-lawsuit-alleges-gender-discrimination-6d3b5ef7-b34c-4e45-94e5-f6424983e8a7.html
Majo v SIE Filed November 22, 2021 https://s3.documentcloud.org/documents/21116609/majosony.pdf
California Code Section 12965 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=12965.&lawCode=GOV
DFEH (California) vs Activision Blizzard et al Filed July 20, 2021 https://aboutblaw.com/YJw
FRCP Rule 11 https://www.law.cornell.edu/rules/frcp/rule_11
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Unlike with copyright, a trademark owner really does have to police the use of its mark to ensure it doesn't lose its rights. That said, policing can go too far, and with at least 25 extensions or oppositions filed by Take Two Interactive in the last three months alone, the question becomes: "Are they going on a rampage or are simply "rockstars" of trademark law?".
Take Two? Nah, we'll take 'em all...in Virtual Legality.
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CHAPTERS
Discussed in this episode:
"Take-Two have gone on a rampage" Tweet - November 30, 2021 - Ash R. https://twitter.com/Ash_735/status/1465841888922058754
USPTO TTAB Webpage - Take Two Interactive https://ttabvue.uspto.gov/ttabvue/v?pnam=Take-Two%20Interactive%20Software,%20Inc.%20%20&page=1
"About Trademark Infringement" USPTO Webpage https://www.uspto.gov/page/about-trademark-infringement
"Trademark process" USPTO Webpage https://www.uspto.gov/trademarks/basics/trademark-process#step2
"Trademarks registrable on principal register; concurrent registration" 15 USC 1052 https://www.law.cornell.edu/uscode/text/15/1052
Grounds for Opposition Regulations https://tmep.uspto.gov/RDMS/TBMP/print?version=current&href=sec-bdacef53-7b72-4ca5-8ceb-215e4afda588.html
"False designations of origin, false descriptions, and dilution forbidden" 15 USC 1125 https://www.law.cornell.edu/uscode/text/15/1125
"Famous Trademarks: Everything You Need to Know" Upcounsel Webpage https://www.upcounsel.com/famous-trademarks
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
New Twitter CEO Parag Agrawal has begun his tenure with a bang. But what's really the problem with the company's ambiguous new "private media" policy? As it turns out, pretty much everything, especially since it is likely to apply to (almost) everyone on the platform.
But, hey, maybe the mainstream media really does need a special pass for lacking in value...in Virtual Legality.
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CHAPTERS
00:00 Introduction 02:32 Enter the Private Media Policy 05:25 Twitter's Blog Explanation 15:16 The Rule Itself 30:15 Answering a Few Questions 35:13 Conclusion
Discussed in this episode:
JACK STEPS DOWN! But Will New CEO Parag Agrawal Cost Twitter? (VL583) YouTube Video - November 29, 2021 - Hoeg Law https://youtu.be/rS8Xc3hSn2E
"EmTech Stage: Twitter’s CTO on misinformation" MIT Technology Review Website https://www.technologyreview.com/2020/11/18/1012066/emtech-stage-twitters-cto-on-misinformation/
"Sharing images is an important part of folks' experience on Twitter." Tweet - November 30, 2021 - Twitter Safety https://twitter.com/TwitterSafety/status/1465683093436739588
"Expanding our private information policy to include media" Twitter Blog - November 30, 2021 https://blog.twitter.com/en_us/topics/company/2021/private-information-policy-update
"Private information policy" Twitter Help Page https://help.twitter.com/en/rules-and-policies/personal-information
"Our range of enforcement options" Twitter Help Page https://help.twitter.com/en/rules-and-policies/enforcement-options
Matt Demers Tweets November 30, 2021 https://twitter.com/MattDemers/status/1465717266968891395 https://twitter.com/MattDemers/status/1465718232015384577
"Protection for private blocking and screening of offensive material" 47 USC 230 (CDA 230) https://www.law.cornell.edu/uscode/text/47/230
"Does the photo in the WaPo's tweet..." Tweet - November 30, 2021 - Matthew Sablan https://twitter.com/lucentile/status/1465727246040186880
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Twitter CEO Jack Dorsey resigns unexpectedly, but will new CEO Parag Agrawal's past quotes (and current philosophy) cost the social media platform more than it bargained for? And what might YouTube, Facebook, and the rest of the Big Tech giants think of the risks to CDA 230's liability shield that Twitter may have just put in play.
Yes we skipped the most obvious pun...in Virtual Legality.
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CHAPTERS
00:00 Introduction 00:50 Jack Dorsey Leaves Twitter 02:34 Parag Agrawal Announced as New CEO 04:18 CDA 230 Revisited 12:00 CDA 230 Under Attack 13:41 Agrawal on Free Speech 18:06 Agrawal and Healthy Conversation 28:17 Agrawal and the Appeal of Authority 34:50 Agrawal and Steering the Conversation 37:02 Congress Bides its Time 37:48 Conclusion
Discussed in this episode:
"not sure anyone has heard but, I resigned from Twitter" Tweet - November 29, 2021 - jack https://twitter.com/jack/status/1465347002426867720
"Deep gratitude for [jack] and our entire team..." Tweet - November 29, 2021 - Parag Agrawal https://twitter.com/paraga/status/1465349749607854083
"Protection for private blocking and screening of offensive material" 47 USC 230 (CDA 230) https://www.law.cornell.edu/uscode/text/47/230
"You Just Chip Away Everything That Doesn’t Look Like David" Quote Investigator Webpage https://quoteinvestigator.com/2014/06/22/chip-away/
Joe Biden Interview New York Times - January 17, 2020 https://www.nytimes.com/interactive/2020/01/17/opinion/joe-biden-nytimes-interview.html
"EmTech Stage: Twitter’s CTO on misinformation" MIT Technology Review Website https://www.technologyreview.com/2020/11/18/1012066/emtech-stage-twitters-cto-on-misinformation/
"New Twitter CEO:..." Tweet - November 29, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1465389945435168778
"Well they certainly aren’t obligated to adhere to the 1st amendment." Tweet - November 29, 2021 - Mr. Penguin https://twitter.com/TheMrPenguini/status/1465402194933567496
"Fallacies of Relevance: Appeal to Authority" ThoughtCo Website https://www.thoughtco.com/logical-fallacies-appeal-to-authority-250336
CDA 230 Amendment Proposal https://energycommerce.house.gov/sites/democrats.energycommerce.house.gov/files/documents/101421%20EC%20Section%20230%20Text.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
On November 24, 2021, YouTube Upper Echelon Gamers posited a question - "Are Refund Policies ILLEGAL in the Gaming Industry?". As his video came to the conclusion that they might be due to the uniform commercial code (UCC) and the implied warranty of merchantability contained therein, folks asked me to comment.
This is that comment, and as with most things in the law...things are a bit more complicated than they may at first appear.
When does "uniform" not mean "uniform"? When it's in Virtual Legality.
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Discussed in this episode:
"Are Refund Policies ILLEGAL in the Gaming Industry?" YouTube Video - November 24, 2021 - Upper Echelon Gamers https://youtu.be/PaDFAhm24WI
Refund Request Pages https://www.ubisoft.com/en-us/help/purchases-and-rewards/article/requesting-a-refund-for-digital-purchases/000062176 https://www.playstation.com/en-us/support/store/ps-store-refund-request/
"BUSINESSPERSON'S GUIDE TO FEDERAL WARRANTY LAW" Federal Trade Commission (FTC) Website https://www.ftc.gov/tips-advice/business-center/guidance/businesspersons-guide-federal-warranty-law
"Uniform Commercial Code" Uniform Law Commission Website https://www.uniformlaws.org/acts/ucc
"Exclusion or Modification of Warranties." UCC 2-316 https://www.law.cornell.edu/ucc/2/2-316
Michigan UCC MCL 440.2316 http://www.legislature.mi.gov/(S(cc0bxibhfhyo3iq5b05d40er))/mileg.aspx?page=getObject&objectName=mcl-440-2316
End User License Agreements https://legal.ubi.com/eula/en-US https://www.playstation.com/en-us/legal/softwarelicense/
"Be Wary of Warranties for Software Design" Jones Day Website - August 2018 https://www.jonesday.com/en/insights/2018/08/be-wary-of-warranties-for-software-design
"Warranties and Online Sales" ABA Website https://www.americanbar.org/groups/business_law/safeselling/warranties/
"Consumer guarantees" Australian Competition and Consumer Commission Website https://www.accc.gov.au/consumers/consumer-rights-guarantees/consumer-guarantees
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard CEO Bobby Kotick is facing one of the most precarious times of his long reign at the video game publisher.
Now, the Activision Board has taken its own steps to try to quell the outrage, announcing a "Workplace Responsibility Committee" in a late night press release. Who's on it? How does it work? And why are some folks even more upset?
Perhaps its time to send Jar Jar in to solve this thing...in Virtual Legality.
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Discussed in this episode:
"Activision Under Fire: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ
"Activision Blizzard Board of Directors Continues to Build Upon Its Ongoing Oversight With New “Workplace Responsibility Committee” to Ensure Implementation of Initiatives to Eliminate Harassment and Discrimination in the Workplace" Activision Press Release - November 22, 2021 https://investor.activision.com/news-releases/news-release-details/activision-blizzard-board-directors-continues-build-upon-its
Activision Webpages https://www.activisionblizzard.com/content/atvi/activisionblizzard/ab-touchui/ab/web/en/board-of-directors.html https://investor.activision.com/by-laws- https://activisionblizzard.com/content/atvi/activisionblizzard/ab-touchui/ab/web/en/leadership/claudine-naughton.html https://www.activisionblizzard.com/leadership/frances-townsend
"Buffy was a toxic environment..." Tweet - Februrary 10, 2021 - Amber Benson https://twitter.com/amber_benson/status/1359555694098190337
"Activision Blizzard hires senior Disney and Delta execs" GIBiz - September 15, 2021 https://www.gamesindustry.biz/articles/2021-09-14-activision-blizzard-hires-senior-disney-and-delta-execs
"Activision Blizzard’s New ‘Solution’ Must Spur Actual Action From Sony, Microsoft And Nintendo" Forbes - November 23, 2021 https://www.forbes.com/sites/paultassi/2021/11/23/activision-blizzards-new-solution-must-spur-actual-action-from-sony-microsoft-and-nintendo/?sh=2350b1da14af
"Activision's Damage Control Reaches Sad New Low" Kotaku - November 22, 2021 https://kotaku.com/activisions-damage-control-reaches-sad-new-low-1848107710
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard CEO Bobby Kotick is facing one of the most precarious times of his long reign at the video game publisher.
Now, reports of the CEO's willingness to step down have been reported to the Wall Street Journal, but everything is not as it otherwise might appear. For if there's one thing a public CEO knows...it's how to say something without giving up much.
To Bobby Kotick, you say it best when you say nothing at all...in Virtual Legality.
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Discussed in this episode:
"Activision Under Fire: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ
"Activision Blizzard CEO Bobby Kotick Tells Colleagues He Would Consider Leaving if He Can’t Quickly Fix Problems" Wall Street Journal - November 21, 2021 https://www.wsj.com/articles/activision-blizzard-ceo-bobby-kotick-tells-colleagues-he-would-consider-leaving-if-he-cant-quickly-fix-problems-11637533064
"Report: Activision CEO Bobby Kotick Will 'Consider' Quitting If He Can't 'Fix' Company's Culture" Kotaku - November 21, 2021 https://kotaku.com/report-activision-ceo-bobby-kotick-will-consider-quitt-1848100036
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
YouTube has a history of being...less than forthright with both content creators and viewers, but the platform's latest move, to remove all indications of the number of dislikes that a video has received, may well take the cake for obfuscation.
Why is YouTube's official explanation very difficult to believe? And why does it try to peddle it anyway?
Like to dislike...in Virtual Legality.
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CHAPTERS
00:00 Introduction
Discussed in this episode:
"An update to dislikes on YouTube" YouTube Blog - November 10, 2021 https://blog.youtube/news-and-events/update-to-youtube/
"Testing new designs for the like and dislike buttons" YouTube Help Page https://support.google.com/youtube/thread/104325801/testing-new-designs-for-the-like-and-dislike-buttons?hl=en
"Big Tech At Large" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy8BFeoOUFCRYmb92fkWbm58
"Nintendo Switch Expansion Trailer Is The Most Disliked YouTube Video" ScreenRant - October 31, 2021 https://screenrant.com/nintendo-switch-expansion-trailer-dislike-youtube/
"List of most-disliked YouTube videos" Wikipedia Entry https://en.wikipedia.org/wiki/List_of_most-disliked_YouTube_videos
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard CEO Bobby Kotick is facing one of the most precarious times of his long reign at the video game publisher.
Now, employees are signing non-anonymous petitions to see him removed, charities are walking out on potential paydays, and, perhaps most importantly, Xbox is joining PlayStation in expressing its concern.
Words may be wind, but they may also signal a potential for something more...in Virtual Legality.
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CHAPTERS
00:00 Introduction 02:38 Employees Petition for Kotick's Removal 05:05 Girls Who Code Turns Down (Potentially) Millions 08:20 Xbox Joins Sony in Condemnation 10:29 Will Sony or Xbox Actually DO Anything? 19:17 Conclusion
Discussed in this episode:
"Activision Under Fire: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ
"Today over 500 current ABK employees and contractors signed a petition..." Tweet - November 18, 2021 - ABetterABK https://twitter.com/ABetterABK/status/1461394241955905538
"Petition for the removal of Bobby Kotick" https://docs.google.com/document/d/e/2PACX-1vSbxdA-egrhAK6TcydVcrTqQDDjU7QE4j4jpjwCO2pUIYFmtTjLksl7EBALc8O_Jla2qT1Oy0H5zn66/pub
"An Update On Girls Who Code’s Partnership with Activision Blizzard" Girls Who Code Website https://girlswhocode.medium.com/an-update-on-girls-who-codes-partnership-with-activision-blizzard-60d9065ee0d8
Proposed EEOC Consent Decree https://investor.activision.com/consent-decree-with-EEOC
"Xbox Boss 'Disturbed and Deeply Troubled' By Latest Activision Reports" IGN - November 18, 2021 https://www.ign.com/articles/xbox-phil-spencer-evaluating-activision-relationship-deeply-troubled
"Sony Removes Cyberpunk 2077 from PlayStation (PSN) INDEFINITELY (VL374)" YouTube Video - December 17, 2021 - Hoeg Law https://youtu.be/-L_IxPrtkuY
"Dear Gamers..." Tweet - December 14, 2020 - Cyberpunk 2077 (@CyberpunkGame) https://twitter.com/CyberpunkGame/status/1338390123373801472
CDPR Cyberpunk Launch Teleconference Transcript December 14/15, 2020 https://www.cdprojekt.com/en/wp-content/uploads-en/2020/12/call-transcript_en.pdf
"Activision CEO Bobby Kotick Knew for Years About Sexual-Misconduct Allegations at Videogame Giant" Wall Street Journal - November 16, 2021 https://www.wsj.com/articles/activision-videogames-bobby-kotick-sexual-misconduct-allegations-11637075680
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard CEO Bobby Kotick is facing one of the most precarious times of his long reign at the video game publisher. Now, long time business partners like PlayStation and the company's own employees are demanding answers that the embattled publisher seems unable to give.
Activision's version of zero tolerance might be a bit different from yours or mine...in Virtual Legality.
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CHAPTERS
00:00 Introduction 01:03 Sony Speaks 12:13 A Parsing Aside 14:35 Zero Tolerance for Thee 20:03 Conclusion
Discussed in this episode:
"Everybody vs Activision Blizzard: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ
"Activision CEO Bobby Kotick Knew for Years About Sexual-Misconduct Allegations at Videogame Giant" Wall Street Journal - November 16, 2021 https://www.wsj.com/articles/activision-videogames-bobby-kotick-sexual-misconduct-allegations-11637075680
"Sony's Jim Ryan critical of Activision Blizzard response to Kotick report" GamesIndustryBiz - November 17, 2021 https://www.gamesindustry.biz/articles/2021-11-17-sonys-jim-ryan-critical-of-activision-blizzard-response-to-kotick-report
"PlayStation Chief Criticizes Activision's Response to Crisis" Bloomberg - November 17, 2021 https://www.bloomberg.com/news/articles/2021-11-17/playstation-chief-criticizes-activision-response-to-allegations
"Activision staff question whether zero tolerance policy applies to Kotick" GamesIndustryBiz - November 18, 2021 https://www.gamesindustry.biz/articles/2021-11-18-activision-blizzard-staff-question-whether-zero-tolerance-policy-applies-to-kotick
"CEO BOBBY KOTICK OUTLINES PROGRESS AND COMMITMENTS" Activision Website - October 28, 2021 https://activisionblizzard.com/newsroom/2021/10/ceo-bobby-kotick-outlines-progress-and-commitments
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard CEO Bobby Kotick is facing one of the most precarious times of his long reign at the video game publisher. As the Board of Directors issues a vote of confidence, other stakeholders re-examine their own.
It's hard to feel confident when you need a vote of confidence...in Virtual Legality.
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CHAPTERS
00:00 Introduction 03:02 The Board's Vote of Confidence 08:15 Walkouts and A Better ABK 14:13 Jen Oneal Speaks on Pay Disparity 22:16 Shareholder Group Calls for Resignation 27:12 Conclusion
Discussed in this episode:
"Everybody vs Activision Blizzard: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ
"Activision CEO Bobby Kotick Knew for Years About Sexual-Misconduct Allegations at Videogame Giant" Wall Street Journal - November 16, 2021 https://www.wsj.com/articles/activision-videogames-bobby-kotick-sexual-misconduct-allegations-11637075680
"Activision Blizzard Board of Directors Issues Statement Regarding Recent Article" Activision Website - November 16, 2021 https://investor.activision.com/news-releases/news-release-details/activision-blizzard-board-directors-issues-statement-regarding
"Directors’ Fiduciary Duties: Back to Delaware Law Basics" Skadden Website - February 19, 2020 https://www.skadden.com/insights/publications/2020/02/directors-fiduciary-duties
"Bobby Kotick must resign" Polygon - November 16, 2021 https://www.polygon.com/22785788/bobby-kotick-resign-activision-blizzard-controversy-allegations
A Better ABK Tweets (November 16, 2021) https://twitter.com/ABetterABK/status/1460709188070518786 https://twitter.com/ABetterABK/status/1460671347382755329
"Activision Blizzard workers walk out, call for CEO Bobby Kotick’s resignation" Polygon - November 16, 2021 https://www.polygon.com/22786117/activision-blizzard-walk-out-bobby-kotick-resignation-demands
"A MESSAGE FROM CEO BOBBY KOTICK" Activision Website https://www.activisionblizzard.com/newsroom/2021/11/a-message-from-ceo-bobby-kotick
"Former Blizzard Co-Lead Jen Oneal Says She Was Offered Equal Contract Only After Resigning" IGN - November 17, 2021 https://www.ign.com/articles/blizzard-jen-oneal-mike-ybarra-equal-pay-after-resignation
"Group of Activision Blizzard shareholders joins call for CEO Bobby Kotick’s resignation" Washington Post - November 17, 2021 https://www.washingtonpost.com/video-games/2021/11/17/bobby-kotick-resignation-shareholders/
"About SOC Investment Group" SOC Website https://www.socinvestmentgroup.com/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard CEO faces perhaps his toughest day yet as the Wall Street Journal hit hard. What did Bobby Kotick know and when? Is the governance of the company even functional? And what to the days ahead look like for the belagured corporate leader.
Waystar Royco is not a role model...in Virtual Legality.
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CHAPTERS
00:00 Introduction 01:38 WSJ - Bobby Knew 09:54 Corporate Dysfunction? 22:28 Jen Oneal Speaks Out (Internally) 27:42 A Preview of Corporate Defenses 31:23 More Data Points - Painting a Picture 38:26 Bobby's Bad Acts 44:12 Co-opting Frances Townsend 46:10 Conclusion
Discussed in this episode:
"Everybody vs Activision Blizzard: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ
"Activision CEO Bobby Kotick Knew for Years About Sexual-Misconduct Allegations at Videogame Giant" Wall Street Journal - November 16, 2021 https://www.wsj.com/articles/activision-videogames-bobby-kotick-sexual-misconduct-allegations-11637075680
Activision Investor Information https://www.activisionblizzard.com/content/atvi/activisionblizzard/ab-touchui/ab/web/en/board-of-directors.html https://investor.activision.com/by-laws-
"Directors’ Fiduciary Duties: Back to Delaware Law Basics" Skadden Website - February 19, 2020 https://www.skadden.com/insights/publications/2020/02/directors-fiduciary-duties
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Epic vs Apple Phase 2 continues in earnest with both parties appealing the trial court's decision to the Ninth Circuit.
But before that process can even get under way, Apple has moved to stop the court's injunction of its "anti-steering" rule (set to go into effect in December); a move that meets the mind of the trial court judge about as well as one might expect.
My voice may rest but the news doesn't...in Virtual Legality.
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SUPPORT THE CHANNEL
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
Discussed in this episode:
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Epic v Apple: Just the Trial" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-TrSXpg6irNK7kbZt-NY0O
"Apple Forced To Comply With Massive App Store ‘Fortnite’ Ruling" Tweet - November 12, 2021 - Paul Tassi https://twitter.com/PaulTassi/status/1459181425194897439
"Stays of Injunctive Relief Pending Appeal: Why the Merits Should Not Matter" FSU Law Review - Winter 2016 - Jill Wieber Lens https://ir.law.fsu.edu/cgi/viewcontent.cgi?article=2565&context=lr
"Epic v Apple: Apple Appeals Injunction, Lays Cards on Table (VL556)" YouTube Video - October 9, 2021 - Hoeg Law https://youtu.be/2cjFnqdZXA4
Apple's Motion to Stay Injunction Filed October 8, 2021 (Trial Court) https://storage.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.821.0_1.pdf
"ORDER DENYING APPLE’S MOTION TO STAY INJUNCTION PENDING APPEAL" Filed November 9, 2021 (Trial Court) https://storage.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.830.0_8.pdf
"Unreal Engine End User License Agreement For Publishing" https://www.unrealengine.com/en-US/eula/publishing
"Stay or Injunction Pending Appeal" FRAP Rule 8 https://www.law.cornell.edu/rules/frap/rule_8
"The Hail Mary: Seeking an Injunction or Stay Pending Appeal" https://www.jdsupra.com/legalnews/the-hail-mary-seeking-an-injunction-or-53589/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Earth's Mightiest Heroes have fallen on some hard times of late, but that doesn't necessarily mean that Square Enix is ready to throw Crystal Dynamics under the bus over their Avengers project...does it?
It's always the GAAS-Holes that are the problem...in Virtual Legality.
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CHAPTERS 00:00 Introduction 03:56 Pay to Win 09:45 The Square Peg of Crystal Dynamics 11:11 Apology Mistakes 16:41 Reflection and Square Enix's Annual Report 24:55 Conclusion
Discussed in this episode:
"Square Enix claims Crystal Dynamics was the wrong fit for ‘disappointing’ Marvel’s Avengers" VGC - November 3, 2021 https://www.videogameschronicle.com/news/square-enix-claims-crystal-dynamics-was-the-wrong-fit-for-disappointing-marvels-avengers/
"Upcoming Cosmetic and XP Rework" Square Enix Blog - March 3, 2021 https://avengers.square-enix-games.com/en-us/news/cosmetic-xp-rework/
"Crystal Dynamics: The Avengers is the biggest thing we've ever done" GamesIndustryBiz - June 21, 2019 https://www.gamesindustry.biz/articles/2019-06-21-crystal-dynamics-marvel-are-part-of-our-avengers-dev-team
"Marvel’s Avengers: Everything You Need to Know about Gear & Cosmetics" Square Enix Blog - August 27, 2020 https://avengers.square-enix-games.com/en-us/news/gearandcosmetics/
"Marvel’s Avengers War Table Weekly Blog Week #58" Square Enix Blog - October 6, 2021 https://avengers.square-enix-games.com/en-us/news/wtw-week-58/
"We have decided that by the end of today we will remove Hero’s Catalysts..." Tweet - November 2, 2021 - Marvel's Avengers https://twitter.com/PlayAvengers/status/1455580861718405124
"One of the devs popped into the discord last night and had this to say about paid boosters" Reddit Thread - November 5, 2021 https://www.reddit.com/r/PlayAvengers/comments/qnc842/one_of_the_devs_popped_into_the_discord_last/
"List of Crystal Dynamics video games" Wikipedia Entry https://en.wikipedia.org/wiki/List_of_Crystal_Dynamics_video_games
2021 Annual Report Square Enix https://www.hd.square-enix.com/eng/ir/library/pdf/ar_2021en.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Squid Game! The Netflix streaming phenomenon (that should definitely not be confused with Nintendo's Splatoon) has gripped the pop culture landscape, and with that grip follows flatterers, imitators, thieves, and...innocent bystanders.
Join us as we sift the Gi-Hun's from the Sang-Woo's, all through the filter of Copyright, Trademark, intellectual property and more.
Don't lose your marbles...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/9EAXaTFjWVo
SUPPORTING THE CHANNEL
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CHAPTERS 00:00 Introduction 2:59 Copyright Largesse and Imitators 12:18 Stealing Your Marbles - SQUID and Cryptocurrency 17:48 Losing Your Name to Squids 29:19 Conclusion
Discussed in this episode:
"Netflix’s ‘Squid Game’ is reportedly worth almost $900 million" CNBC Website - October 18, 2021 https://www.cnbc.com/2021/10/18/netflixs-squid-game-is-reportedly-worth-almost-900-million.html
"Shocker: Netflix Likes to Get Word-of-Mouth Marketing Freebies" The Motley Fool - October 21, 2021 https://www.fool.com/investing/2021/10/21/wow-netflix-likes-free-word-of-mouth-marketiing/
"Rise of the squidlike? Investigating the proliferation of Squid Game games" PC Gamer - November 3, 2021 https://www.pcgamer.com/squid-game-games/
"Roblox Terms of Use" Updated May 18, 2021 https://en.help.roblox.com/hc/en-us/articles/115004647846-Roblox-Terms-of-Use
"Squid Game cryptocurrency scammers vanish with $3.3M" PC Gamer - November 3, 2021 https://www.pcgamer.com/squid-game-cryptocurrency-scammers-vanish-with-dollar33m/
SQUID Whitepaper http://web.archive.org/web/20211028193520/https://squidgame.cash/SquidGameWhitepaper.pdf
"Looks like I might have to change my handle after all. " Tweet - November 2, 2021 - Lydia https://twitter.com/SquidGaming/status/1455502240446390283
"Twitch streamer loses work because of her Squid Game name" BBC News - November 3, 2021 https://www.bbc.com/news/technology-59140585
"What is a trademark?" USPTO Website https://www.uspto.gov/trademarks/basics/what-trademark
"False designations of origin, false descriptions, and dilution forbidden" 15 USC 1125 https://www.law.cornell.edu/uscode/text/15/1125#c
"Dilution (Trademark)" Cornell Law School Website https://www.law.cornell.edu/wex/dilution_(trademark)
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard had its worst day on the stock market in years, but is that the cause of the US Equal Employment Opportunity Commission (EEOC), the California Department of Fair Employment and Housing (DFEH), the US Securities and Exchange Commission (SEC)...or something a bit closer to home?
Blizzard's Visions are getting a bit more Precarious than Vicarious...in Virtual Legality.
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SUPPORTING THE CHANNEL
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CHAPTERS 00:00 Introduction 01:30 Exit Jen ONeal 14:23 Delays, Delays, Delays 25:41 Conclusion
Discussed in this episode:
"Everybody vs Activision Blizzard: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ
"HEADS ROLL! ABK Takes a Step...Brack (California v Activision Blizzard) (VL519)" YouTube Video - August 3, 2021 - Hoeg Law https://youtu.be/Pat_QLCCPSs
"NEW LEADERSHIP AT BLIZZARD" Blizzard Blog - August 3, 2021 https://news.blizzard.com/en-us/blizzard/23706475/new-leadership-at-blizzard
"Vicarious Visions to drop its name and fully merge with Blizzard, sources say" Polygon - October 27, 2021 https://www.polygon.com/22749644/vicarious-visions-blizzard-albany-merger-studio-name-change
"A MESSAGE FROM JEN ONEAL" Blizzard Blog - November 2, 2021 https://news.blizzard.com/en-us/blizzard/23738005/a-message-from-jen-oneal
"blizzard employees are saying..." Tweet - November 2, 2021 - Nathan Grayson https://twitter.com/Vahn16/status/1455638625178341376
"Diablo IV and Overwatch 2 delayed" Tweet - November 2, 2021 - Stephen Totilo https://twitter.com/stephentotilo/status/1455635542054477831
"Activision Plunges Most Since 2008 on Game Delays, Soft Forecast" Yahoo Finance (Bloomberg) - November 3, 2021 https://finance.yahoo.com/news/activision-forecast-falls-short-under-200509411.html
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
The Biden Justice Department has finally tipped its hand on antitrust enforcement questions as it brings one of its first major lawsuits against book publishers Penguin Random House and Simon & Schuster.
Why was the suit brought? What is a horizontal merger? Are authors being elevated above book readers? And why should all the eyes of Big Tech be watching closely?
Let's dive in.
Penguins don't mate for life when the Department of Justice gets involved...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/Q_MX9V1WhyU
SUPPORTING THE CHANNEL
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CHAPTERS 00:00 Introduction 01:41 The Penguin Random House Acquisition 03:49 The DOJ Press Release and Consumer Welfare 08:45 The Lawsuit (Overview) 19:39 The Parties and Background 25:40 Setting the Market 35:10 The Horizontal Merger Guidelines 44:15 Anti-Competitive Effects 55:03 Conclusion
Discussed in this episode:
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"ViacomCBS sells Simon & Schuster to Penguin Random House for $2 billion" CNBC Whttps://www.cnbc.com/2020/11/25/viacomcbs-sells-simon-schuster-to-penguin-random-house-for-2-billion.htmlebsite - November 25, 2020
"Justice Department files antitrust suit to block $2 billion merger of Penguin Random House, Simon & Schuster" CNBC Website - November 2, 2021 https://www.cnbc.com/2021/11/02/doj-sues-to-block-merger-of-penguin-random-house-simon-schuster.html
"Justice Department Sues to Block Penguin Random House’s Acquisition of Rival Publisher Simon & Schuster" Department of Justice Press Release - November 2, 2021 https://www.justice.gov/opa/pr/justice-department-sues-block-penguin-random-house-s-acquisition-rival-publisher-simon
"Justice Dept. Sues Penguin Random House Over Simon & Schuster Deal" New York Times - November 2, 2021 https://www.nytimes.com/2021/11/02/books/penguin-random-house-simon-schuster-merger-lawsuit.html
DOJ Complaint (Penguin Random House Merger) Filed November 2, 2021 https://www.justice.gov/opa/press-release/file/1445916/download
"Acquisition by one corporation of stock of another" 15 USC 18 (Clayton Act) https://www.law.cornell.edu/uscode/text/15/18
"Horizontal Merger Guidelines" August 19, 2010 https://www.ftc.gov/sites/default/files/attachments/mergers/100819hmg.pdf
"Jonathan Kanter Undergoes Senate Confirmation Hearing to Lead Antitrust Division at the Justice Department" JDSupra Website - October 14, 2021 https://www.jdsupra.com/legalnews/jonathan-kanter-undergoes-senate-5469722/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
It's Activision Blizzard update time again, but this time neither US Equal Employment Opportunity Commission (EEOC) nor the California Department of Fair Employment and Housing (DFEH) take center stage. Instead it's the ABK Workers Alliance (ABetterABK) who is making news, as the proto union seeks to become a bit more "union" than "proto".
The will of the employees must be observed, but determining that will is not a question to be answered on Twitter...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/dGAsx6rH31M
SUPPORTING THE CHANNEL
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
Discussed in this episode:
"Everybody vs Activision Blizzard: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ
A Better ABK Twitter Profile https://twitter.com/ABetterABK
ABK Union Tweets https://twitter.com/ABetterABK/status/1454491290997911554 https://twitter.com/ABetterABK/status/1455240189337432064
"Right of employees as to organization, collective bargaining, etc." 29 USC 157 https://www.law.cornell.edu/uscode/text/29/157
"Representatives and elections" 29 USC 159 https://www.law.cornell.edu/uscode/text/29/159
"Your Right to Form a Union" NLRB Website https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/employees/your-right-to-form-a-union
"NLRB Finalizes Rulemaking to Protect Employee Free Choice" NLRB Website - March 31, 2020 https://www.nlrb.gov/news-outreach/news-story/nlrb-finalizes-rulemaking-to-protect-employee-free-choice
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
When the US Equal Employment Opportunity Commission (EEOC) and California Department of Fair Employment and Housing (DFEH) both sued Activision, who knew it would result in 20+ videos on this channel.
But here we are and with two big updates: (1) Activision has finally taken some large steps towards meeting the demands of its employees (especially ABetterABK), including a major reduction in CEO Bobby Kotick's pay, and (2) the EEOC has had its own issues with filing privleged information in opposition to the DFEH.
There's a lot here, so let's talk about it.
Activision's moving forward, but whether it will be enough is a matter for debate...in Virtual Legality.
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SUPPORTING THE CHANNEL
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CHAPTERS 00:00 Introduction 01:55 Bobby Kotick's Letter (Opening) 10:44 Activision's Five Changes 20:11 Kotick Reduces Pay 25:01 The EEOC Gets Struck 32:25 Conclusion
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
He may be fictional, but that doesn't mean his words don't hurt. Or at least that's what reports surrounding Ubisoft's personalized emails from Far Cry 6 villain Anton Castillo are suggesting. Is there any there, there? And just how can Ubisoft be permitted to send such indiscriminately hateful messaging anyway...
Have you or a loved one been mercilessly taunted by a fictional character? We can help...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/XjEyLAsw5lU
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PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
Discussed in this episode:
"Far Cry 6's goading marketing email raises eyebrows among fans" Eurogamer - October 27, 2021 https://www.eurogamer.net/articles/2021-10-27-far-cry-6s-goading-marketing-emails-raise-eyebrows-among-fans
"Ubisoft Pestering Far Cry 6 Players For Not Playing Enough" Kotaku - October 26, 2021 https://kotaku.com/ubisoft-pestering-far-cry-6-players-for-not-playing-eno-1847940889
"Far Cry 6's Anton Castillo is so disappointed I haven't killed him yet he's emailing me about it" PC Gamer - October 26, 2021 https://www.pcgamer.com/far-cry-6s-anton-castillo-is-so-disappointed-i-havent-killed-him-yet-hes-emailing-me-about-it/
"A lot of games are already ruthlessly designed to maximize engagement..." Tweet - October 26, 2021 - Brendan Sinclair https://twitter.com/BrendanSinclair/status/1452986713098407945
"Far Cry 6's Messages From El Presidente Are Spurring Debate Among Fans And Critics" IGN - October 27, 2021 https://sea.ign.com/far-cry-6/178164/news/far-cry-6-players-are-receiving-emails-from-el-presidente-mocking-them-for-quitting
Ubisoft Connect Website https://ubisoftconnect.com/en-US/
"UBISOFT TERMS OF USE" Updated May 12, 2020 https://legal.ubi.com/termsofuse/en-US
"PRIVACY POLICY" Updated May 2020 https://legal.ubi.com/privacypolicy/en-US
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
The saga of the US Equal Employment Opportunity Commission (EEOC) and California Department of Fair Employment and Housing (DFEH) ethics tussle continues, as the Court denies Activision's attempt to use the issue for its own benefit. Though, looks can be deceiving, and nothing is ever quite finished (until it is) in the law.
Let's talk about it.
So you threw an "ex parte", but no one showed up...in Virtual Legality.
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SUPPORTING THE CHANNEL
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Discussed in this episode:
"Everybody vs Activision Blizzard: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ
"Court refuses Activision request to pause DFEH suit over alleged ethics violations" GamesIndustry Biz - October 25, 2021 https://www.gamesindustry.biz/articles/2021-10-25-court-refuses-activision-request-to-pause-california-lawsuit-over-alleged-ethics-violations
"Judge rejects Activision Blizzard's attempt to pause California sexual harassment lawsuit" Eurogamer - October 25, 2021
Court's Ex Parte Application Denial California's Opposition to Ex Parte Application (Search Case No: 21STCV26571) https://www.lacourt.org/
"In a filing late last week..." Tweet - September 27, 2021 - Stephen Totilo https://twitter.com/stephentotilo/status/1442592375289831428
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
The US Equal Employment Opportunity Commission (EEOC) sure did start a mess here as California's Department of Fair Employment and Housing (DFEH) punches back against Activision Blizzard's own request for an ethics investigation with a firm (but slightly unconvincing) "nuh uh".
Oh boy, let's dive in.
Someone is "incorrect" in what they've told the Court...in Virtual Legality.
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CHAPTERS 00:00 Introduction 02:27 DFEH's Counsel Declaration 10:03 Are You Conflicted? 21:12 The "Conflict" Attorneys' Declarations 25:16 Screenings and Emails 29:57 DFEH's Opposition to Activision's Request 32:46 A Problem of Timeliness 35:42 A State of Emergency? 39:02 Some Additional Facts (Dates of Transfer) 45:19 A Stay Would Hurt The Employees (That's Why We Just Asked for One) 48:35 Sharing is Caring 51:42 Handwaving An Ethics Issue (Rule 4.3) 54:30 Conclusion
Discussed in this episode:
"Everybody vs Activision Blizzard: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ
"EEOC FALLOUT: Activision Seeks Ethics Review of ENTIRE CA Lawsuit (VL563)" YouTube Video - October 19, 2021 - Hoeg Law https://youtu.be/ZvDqX1mGTBg
"Did the EEOC Just DESTROY California's Activision Blizzard Lawsuit? (VL557)" YouTube Video - October 11, 2021 - Hoeg Law https://youtu.be/ZDOGC3PUGwo
"The EEOC's Surprising Ethics Complaint Against California (Virtual Legality Briefs 557A)" YouTube Video - October 11, 2021 - Hoeg Law https://youtu.be/ShjxHwLXWeM
DFEH Opposition to Activision Request for Stay (Ethics Complaint) (Search Case No: 21STCV26571) https://www.lacourt.org/
"Investigations" 42 USC 2000e-8 https://www.law.cornell.edu/uscode/text/42/2000e-8
EEOC v Activision Blizzard Opposition to Intervention (EEOC) https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.15.5.pdf
California Professional Rules of Conduct https://www.calbar.ca.gov/Portals/0/documents/rules/Rule_1.11-Exec_Summary-Redline.pdf https://www.calbar.ca.gov/portals/0/documents/rules/rule_4.3-exec_summary-redline.pdf
"ETHICS COMMITTEE FORMAL OPINION NO. 2021-1" California Lawyers Association https://calawyers.org/california-lawyers-association/ethics-committee-formal-opinion-no-2021-1/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Bungie can't seem to get out of its own way of late when it comes to marketing the many (many!) different ways they seek to monetize their ardent Destiny fanbase. The latest foot fault comes in the form of a reddit communication explaining the ins and outs of accessing "dungeons" in the latest expansion to the game -- or trying to anyway.
Is this simply a matter of confusion and communication? A greedy attempt to "tax" anything and everything (including your lack of faith)? Or something else?
Everything's included in the Season Pass...in Virtual Legality.
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CHAPTERS 00:00 Introduction 02:15 Dungeon Disparity 11:01 The Cost of Trust 16:26 Conclusion
Discussed in this episode:
"Destiny's Defunct Design - Can Bungie REALLY "Vault" Your Stuff? (VL559)" YouTube Video - October 13, 2021 - Hoeg Law https://youtu.be/jOaDc6O24nY
"Hey everyone. We’ve seen some debate around the new dungeon content..." Reddit Comment https://www.reddit.com/r/DestinyTheGame/comments/qahau0/bungie_yes_you_can_upgrade_to_the_deluxe_edition/hh9dgr7/
Witch Queen Sales Page Bungie Website https://www.bungie.net/7/%7blocale%7d/Destiny/Buy/WitchQueen
"Destiny 2: How To Get Through The Prophecy Dungeon And Defeat Its Bosses" The Gamer - September 10, 2021 https://www.thegamer.com/destiny-2-prophecy-dungeon-guide/
"Season pass (video games)" Wikipedia Entry https://en.wikipedia.org/wiki/Season_pass_(video_games)
"Destiny 2 Dungeons are now locked to Deluxe Editions and players are furious" Dexerto - October 20, 2021 https://www.dexerto.com/destiny/destiny-2-dungeons-locked-deluxe-editions-players-furious-1679458/
"I’ve Spent Hundreds In Destiny 2’s Eververse, But I’m Not Paying For A Transmog Timegate" Forbes - April 27, 2021 https://www.forbes.com/sites/paultassi/2021/04/27/ive-spent-hundreds-in-destiny-2s-eververse-but-im-not-paying-for-a-transmog-timegate/?sh=4b28969f63e0
"Destiny 2’s Dungeon Drama Is More About Confusion Than Cost" Forbes - October 20, 2021 https://www.forbes.com/sites/paultassi/2021/10/20/destiny-2s-dungeon-drama-is-more-about-confusion-than-cost/?sh=60de99017992
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
When the US Equal Employment Opportunity Commission (EEOC) executed the "nuclear option" against the State of California's Department of Fair Employment and Housing (DFEH), the federal agency had to know there might be fallout.
That accusing the DFEH of operating in violation of professional ethics rules could be used by Activision to fight against the entirety of the action brought, and lo, it has come to pass.
Join us as we talk about Activision's use of the EEOC's charge to request a pause of the California lawsuit, to request an investigation of the DFEH, and to call potentially the entire investigation into question.
Fallout - It's not just for Bethesda...in Virtual Legality.
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CHAPTERS 00:00 Introduction 04:10 Activision's Motion - An Overview 13:12 Background on the EEOC's Claims 16:28 Legal Argument - Conflict of Interest 28:05 Legal Argument - Advice to Not Seek Counsel 38:21 Conclusion (Impact; Disqualification)
Discussed in this episode:
"Everybody vs Activision Blizzard: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ
"Did the EEOC Just DESTROY California's Activision Blizzard Lawsuit? (VL557)" YouTube Video - October 11, 2021 - Hoeg Law https://youtu.be/ZDOGC3PUGwo
"The EEOC's Surprising Ethics Complaint Against California (Virtual Legality Briefs 557A)" YouTube Video - October 11, 2021 - Hoeg Law https://youtu.be/ShjxHwLXWeM
"Activision is asking the courts to pause California's sweeping misconduct lawsuit..." Tweet - October 19, 2021 - Stephen Totilo https://twitter.com/stephentotilo/status/1450538663721455617
Activision's Motion to Stay Proceedings (Ethics Investigation) (Search Case No 21STCV26571) https://www.lacourt.org/
Complex Case Definition https://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_400
"California's Complex Court Program" Crowell and Moring Website https://www.crowell.com/NewsEvents/Publications/Articles/Californias-Complex-Court-Program
"Lawyer Disqualification and Legal Malpractice" Legal Malpractice Firm Website https://www.thelegalmalpracticefirm.com/lawyer-disqualification-legal-malpractice/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Now it's really not deja vu, and your eyes aren't deceiving you. It's just Day 2 (the final day?) of talking about dbrand, the maker of "Darkplates" for Sony's PS5.
Faced with the delivery of a full design patent for the PS5's plates, the company has now said "checkmate, lawyers", by doing just about everything Sony asked of them, including redesigning their product.
Take that, multinational corporation!
Dbrand's defiant, but ultimately compliant...in Virtual Legality.
CHECK OUT THE VIDEO AND LINKS AT: https://youtu.be/dcU05b6jcqE
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CHAPTERS 00:00 Introduction 02:17 Publishing Issues 06:50 A Change in Design 11:21 Checkmate, Lawyers 19:36 Making Guarantees and Disparaging the Base Product 24:04 Controller Patent 25:10 A New Lawsuit? 26:45 Conclusion
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
It's not deja vu, it's just another PS5 plate seller yielding to legal threats from Sony. This time, dbrand, the maker of "Darkplates", is the company in question. But both dbrand and previously targeted manufacturer "Customize My Plates" have some very interesting things to say about why they've done what they've done.
Join us for a discussion of industrial design, ornamentation, product configuration, and trademarks, as we look through reddit posts, redacted legal letters and more.
We've got plenty of ornamentality, but it's primarily limited to the Christmas season...in Virtual Legality.
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CHAPTERS 00:00 Introduction 02:05 Poking the Bear 03:30 Pulling Down the Store 05:42 PlateStation version 2 08:28 Understanding Design Patents 16:15 Sony's Cease and Desist Letter 29:25 Dbrand Responds 33:26 Aftermarket Parts and Product Configuration 43:08 Conclusion
Discussed in this episode:
"Dbrand Dares Sony to Sue Over Its New Black Faceplates for the PS5" Gizmodo - February 12, 2021 https://gizmodo.com/dbrand-dares-sony-to-sue-over-its-new-black-faceplates-1846258088
"Dbrand pulls its PS5 Darkplates from sale after Sony threatens legal action" The Verge - October 16, 2021 https://www.theverge.com/2021/10/16/22728936/dbrand-pulls-ps5-darkplates-from-sale-sony-threatens-legal-action
"SONY: Plate Has Its Limits (Legal Threats Against Plate Customizer) (VL350)" YouTube Video - November 2, 2021 - Hoeg Law https://youtu.be/QzsgBhjZ0E8
"PS5 Custom Plate Maker Returns After Cancelling All Previous Orders" IGN - January 20, 2021 https://sea.ign.com/news/167871/ps5-custom-plate-maker-returns-after-cancelling-all-previous-orders
USPTO Website https://www.uspto.gov/ip-policy/patent-policy/industrial-designs https://www.uspto.gov/patents/basics/types-patent-applications/design-patent-application-guide https://www.uspto.gov/page/about-trademark-infringement
"Patents for designs" 35 USC 171 https://www.law.cornell.edu/uscode/text/35/171
"Design patents: a growing trend in the hardware space" White and Case - July 29, 2019 https://www.whitecase.com/publications/article/design-patents-growing-trend-hardware-space
"Industrial designs guide" Canadian Government Website http://www.ic.gc.ca/eic/siTe/cipointernet-internetopic.nsf/eng/h_wr02300.html?Open&wt_src=cipo-id-main&wt_cxt=learn
"Contents and term of patent; provisional rights" 35 USC 154 https://www.law.cornell.edu/uscode/text/35/154
Sony Cease and Desist Letter (dbrand) https://s3.documentcloud.org/documents/21085950/sony-cd-letter-to-dbrand.pdf
"Darkplates are dead. Thanks, Sony." Reddit Post - October 16, 2021 https://www.reddit.com/r/dbrand/comments/q94jua/darkplates_are_dead_thanks_sony/
"OEM Trademarks in the AfterMarket: Exploring the Boundaries" IP Watchdog Website - September 19, 2018 https://www.ipwatchdog.com/2018/09/19/oem-trademarks-aftermarket-exploring-boundaries/id=101163/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
California isn't the only party unhappy with the Equal Employment Opportunity Commission (EEOC) and its proposed $18 million settlement with Activision Blizzard.
The Communications Workers of America (CWA), a labor union that has already helped Activision employees file one charge with the National Labor Relations Board (NLRB), has decided to bring 31 separate complaints of its own.
Are they legitimate? Are they not? Either way they're certainly very focused...on making sure Activision Blizzard leaves open the door for unionization.
We're not sure they have standing, but they definitely want a seat...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/uK57WIicIHI
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CHAPTERS 00:00 Introduction 02:00 The CWA Intervenes 06:43 Notice and Waivers (1-2) 15:47 Damage Caps and California (3-4) 22:35 Scope, Definitions, and Non-Admissions (5-10) 30:51 Consultants, Claimants, and Complaints (11-15) 35:55 A Problem of Privilege (16) 38:13 Input, Input, Input (17-21) 43:28 Lawyers are Expensive (22) 47:16 More Input and a Section 7 Parade (23-28) 55:23 Training and Understanding (29-31) 57:13 Conclusion
Discussed in this episode:
"Everybody vs Activision Blizzard: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ
"Activision Lawsuit - California Calls EEOC Liars, Union Joins Fight (VL558)" YouTube Video - October 12, 2021 - Hoeg Law https://youtu.be/fwM36bFow_Q
CWA Request for Fairness Hearing October 12, 2021 https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.20.0.pdf
"Employees of Activision Blizzard File Unfair Labor Practice Charge Against the Gaming Company" CWA Press Release - September 14, 2021 https://cwa-union.org/news/releases/employees-of-activision-blizzard-file-unfair-labor-practice-charge-against-gaming
EEOC v Activision Blizzard Proposed Consent Decree https://investor.activision.com/consent-decree-with-EEOC
EEOC v Activision Blizzard Opposition to Intervention - Exhibit A (EEOC) https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.15.6.pdf
EEOC Website https://www.eeoc.gov/settlement-standards-and-procedures#section2f https://www.eeoc.gov/laws/guidance/enforcement-guidance-compensatory-and-punitive-damages-available-under-sec-102-cra https://www.eeoc.gov/employers/resolving-charge https://www.eeoc.gov/federal-sector/settlement-agreement
"Right of employees as to organization, collective bargaining, etc." 29 USC 157 (NLRA Section 7) https://www.law.cornell.edu/uscode/text/29/157
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Like it or not, the Destiny Content Vault (DCV) is back and badder than ever. Did you enjoy playing Forsaken, hunting barons, and winding your way through the Tangled Shore? Well too bad, Bungie's got new stuff to sell you.
But as we look at questions of contract law, business models, good faith and more, one thing remains true - it's certainly a bold maneuver for the long time video game maker.
Vault of Glass? More like vault of...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/jOaDc6O24nY
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CHAPTERS 00:00 Introduction 01:09 The Destiny Content Vault 07:34 An Expansion Forsaken 16:05 License Terms and Live Content 28:38 Good Faith and Fair Dealing 34:10 Conclusion
Discussed in this episode:
"BUILDING A VIABLE FUTURE IN DESTINY 2" Bungie Blog - June 9, 2020 https://www.bungie.net/en/News/Article/49189
"DESTINY CONTENT VAULT UPDATE" Bungie Blog - October 7, 2021 https://www.bungie.net/en-us/Explore/Detail/News/50752
"Destiny 2: Forsaken (Steam Code For PC)" Bungie Store Page https://bungiestore.com/destiny-2-forsaken-steam-code-for-pc
"Embracing its destiny, a support act takes centre stage." Excerpt - Edge Magazine - NOvember 2018 https://www.magzter.com/stories/Business/Edge/High-Moon-Studios
"Limited Software License Agreement" Updated "2 months ago" https://www.bungie.net/7/en/Legal/sla
Nova Contracting v City of Olympia April 18, 2017 (WA) https://scholar.google.com/scholar_case?case=2778468726736877436
"Honestly don’t think you were harsh enough." Twitter Thread - October 9, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1446863328823980034
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Not content to let the EEOC's claim of ethics violations in the Activision lawsuit go without response, the State of California's Department of Fair Employment and Housing (DFEH) has accused the federal agency of misrepresenting key facts and even breaching its "duty of candor" to the Court.
Oh, and a new challenger has arrived - one that is claiming to represent Activision Blizzard employees with interests in the pending suits.
Things are about to get (even more) wild...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/fwM36bFow_Q
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CHAPTERS 00:00 Introduction 03:55 Escalating Correspondence 24:32 Lies, Damn Lies, and Worksharing 36:32 A Question of Dates 44:03 A Lack of Candor 50:08 A New Challenger Approaches 57:15 Conclusion
Discussed in this episode:
"Everybody vs Activision Blizzard: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ
"Activision Blizzard: Sued By EEOC, Settles about an Hour Later (VL549)" YouTube Video - September 27, 2021 - Hoeg Law https://youtu.be/73rAxOukWWk
EEOC v Activision Blizzard Exhibits, Motions and Declarations (October 9-12, 2021)
https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.17.2.pdf https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.18.0.pdf https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.15.0.pdf https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.16.1.pdf https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.18.2.pdf https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.15.5.pdf https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.18.1.pdf https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.19.0_1.pdf https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.20.0.pdf
California Government Code Section 12940 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=12940.&lawCode=GOV
DFEH/EEOC Workshare Agreement FY 2019 https://www.dfeh.ca.gov/wp-content/uploads/sites/32/2019/01/WorksharingAgreementFY2019WSA.pdf
"Equal Pay/Compensation and Sex Discrimination" EEOC Website https://www.eeoc.gov/equal-paycompensation-discrimination
EEOC Settlement Standards EEOC Website https://www.eeoc.gov/settlement-standards-and-procedures
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
When the Equal Employment Opportunity Commission (EEOC) both sued and settled with Activision Blizzard on September 27, 2021, it was unclear how the State of California would take it.
Now we know that the answer to that question was "not very well", as California's Department of Fair Employment and Housing (DFEH) has moved to challenged the proposed consent decree (settlement).
What California may not have been prepared for, however, is just how the EEOC would react to such a request, and now their entire case may well be in jeopardy.
We can't really recommend pissing off a federal agency...in Virtual Legality.
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CHAPTERS 00:00 Introduction 01:35 California Challenges the EEOC Settlement (Consent Decree) 10:32 EEOC Standards and Misreporting 24:11 EEOC Fights Back (Merits Objection) 42:14 Understanding Conflicts of Interest 58:27 EEOC Brings the Thunder (Conflict, Ethics Violations) 1:15:50 Conclusion
Discussed in this episode:
"Everybody vs Activision Blizzard: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ
"Activision Blizzard: Sued By EEOC, Settles about an Hour Later (VL549)" YouTube Video - September 27, 2021 - Hoeg Law https://youtu.be/73rAxOukWWk
EEOC v Activision Blizzard Proposed Consent Decree https://investor.activision.com/consent-decree-with-EEOC
EEOC v Activision Blizzard Motion to Intervene (DFEH/California) https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.13.1.pdf
EEOC Website https://www.eeoc.gov/settlement-standards-and-procedures#section2d https://www.eeoc.gov/d-notice-and-claims-procedures-settlement-class-cases https://www.eeoc.gov/c-considerations-requesting-fairness-hearing https://www.eeoc.gov/federal-sector/settlement-agreement
EEOC v Activision Blizzard Declaration of Games Journalism Articles (DFEH/California) https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.13.8.pdf
"California Steps In To Prevent Activision Blizzard Destroying Sexual Harassment Evidence" Kotaku - October 7, 2021 https://kotaku.com/california-steps-in-to-prevent-activision-blizzard-dest-1847821066
"Sort of feels like..." Twitter Thread - October 8, 2021 - Alanah Pearce https://twitter.com/Charalanahzard/status/1446548326241882112
EEOC v Activision Blizzard Opposition to Intervention - Exhibit A (EEOC) https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.15.6.pdf
EEOC v Activision Blizzard Opposition to Intervention (EEOC) https://storage.courtlistener.com/recap/gov.uscourts.cacd.832570/gov.uscourts.cacd.832570.15.5.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
"Epic vs Apple" Phase 2 continues in earnest with both parties now having notified the Ninth Circuit of their intent to appeal the trial court's decision.
But while Epic continues to work on its brief, Apple has something more immediate to worry about: a 90 timer on the trial court's injunction of its "anti-steering" provision - a timer Apple would just as soon see paused, and its got plenty of arguments as to why.
Stay means "it doesn't stay" ...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/2cjFnqdZXA4
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CHAPTERS 00:00 Introduction 04:00 Apple Asks Court to Stay Injunction (Overview) 18:12 Apple Argues It is Harmed 20:23 Poor Reporting and Poor Paddle 33:04 Apple Argues It Will Win Appeal 42:53 How Does the Injunction Help Epic, Exactly? 44:53 An Expansive View of California Law 51:06 Waiting For Things to Settle 53:34 Conclusion (Wait for Ninth Circuit)
Discussed in this episode:
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Epic v Apple: Just the Trial" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-TrSXpg6irNK7kbZt-NY0O
Apple's Notice of Appeal Filed October 8, 2021 https://storage.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.820.0.pdf
Apple's Motion to Stay Injunction Filed October 8, 2021 (Trial Court) https://storage.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.821.0_1.pdf
"App Store Review Guidelines" Updated June 7, 2021 https://developer.apple.com/app-store/review/guidelines/
Epic Games v Apple Decided September 10, 2021 (N.D. CA) https://s3.documentcloud.org/documents/21060631/apple-epic-judgement.pdf
"What Epic vs Apple means for SaaS" Paddle Blog - October 1, 2021 https://paddle.com/blog/what-epic-vs-apple-means-for-saas/
"All the benefits of the App Store without the hefty price tag" Paddle Website https://paddle.com/platform/in-app-purchase/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Amazon's enormously popular game streaming platform, Twitch, is once again in the news (for all the wrong reasons), as it deals with the fallout of a data breach and "malicious" hack that left the streaming giant's source code in public hands and its streamers answering questions about their own earnings.
But with such sensitive information out in the open there is much to discuss, both with respect to the nature of Twitch as a service and the laws surrounding a breach of this magnitude.
I suspect Twitch is rather sick of being a subject...in Virtual Legality.
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CHAPTERS
00:00 Introduction/Twitch Leak 05:45 Reporting, Streamer Earnings, and Largesse 12:40 Federal Hacking Law 15:32 Reporting a Breach 20:03 A Californian Example 25:01 Conclusion
Discussed in this Episode:
"The entirety of Twitch has reportedly been leaked" VGC - October 6, 2021 https://www.videogameschronicle.com/news/the-entirety-of-twitch-has-reportedly-been-leaked/
"We can confirm a breach has taken place." Tweet - October 6, 2021 - Twitch https://twitter.com/Twitch/status/1445770441176469512
"Updates on the Twitch Security Incident" Twitch Blog - October 6, 2021 https://blog.twitch.tv/en/2021/10/06/updates-on-the-twitch-security-incident/
"Hack of Amazon’s Twitch shows top gamers rake in six-figure payouts" Los Angeles Times - October 6, 2021 https://www.latimes.com/business/technology/story/2021-10-06/amazons-twitch-hack-gamers-payouts
"I respect the hell out of content creators..." Tweet - October 6, 2021 - Cliff Bleszinski https://twitter.com/therealcliffyb/status/1445799879016595457
"Ah, this is the 'those pro athletes..." Tweet - October 6, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1445812113595895808
"Fraud and related activity in connection with computers" 18 USC 1030 https://www.law.cornell.edu/uscode/text/18/1030
"DATA BREACH RESPONSE: A GUIDE FOR BUSINESS" FTC Website https://www.ftc.gov/tips-advice/business-center/guidance/data-breach-response-guide-business
California Civil Code Section 1798.82 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1798.82
California Civil Code Section 1798.140 https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=3.∂=4.&lawCode=CIV&title=1.81.5
California Civil Code Section 1798.80 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1798.80.&lawCode=CIV
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
The final Super Smash Brothers Ultimate character has arrived! And it's non other than fan favorite Sora of the Disney/Square Enix game franchise Kingdom Hearts.
But with so many intellectual property cooks in the kitchen, just how difficult was it to bring the character to life in a Nintendo exclusive? And how does the announcement itself hint at least some of the restrictions that may have been imposed on such a collaboration?
Can there be a Kingdom Hearts without the Magic Kingdom? Fans point to yes...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/XpSqMXX8Zwo
SUPPORTING THE CHANNEL
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CHAPTERS
00:00 Introduction 02:43 Who Owns What 11:19 Practical Business 13:24 A Tricky Collaboration 16:00 The Licensor Review Process (Nomura) 18:23 A Distinct Lack of Disney 25:38 Sora Fans Speak/Conclusion
Discussed in this Episode:
"Super Smash Bros. Ultimate The Final Mr. Sakurai Presents Full Presentation" YouTube Video - October 5, 2021 - Gamespot https://youtu.be/eF8gwcGoD_o
Halo Manual Reproduction https://halo.wiki.gallery/images/2/2a/HCE_Xbox_Manual.pdf
Destiny Manual Reproduction https://dlassets-ssl.xboxlive.com/public/content/212b4dcb-549a-452b-9fe8-51748c1f7e07/GameManual/16388c79-e1ed-466e-b433-e027dfb8b6f7/en-US/index.html#article1236
Kingdom Hearts Manual Reproduction https://www.kingdomhearts.com/kh25manual/kingdom_hearts_25_manual_us.pdf
Sample Development Agreement https://www.sec.gov/Archives/edgar/data/711065/000119312512237264/d238010dex1066.htm
"HMK asks about Sora's rights and his chances at being in Smash Bros." KHInsider Forum - May 20, 2018 https://www.khinsider.com/forums/index.php?threads/hmk-asks-about-soras-rights-and-his-chances-at-being-in-smash-bros.216412/
"Special message by Tetsuya Nomura..." Tweet - September 27, 2018 - Kingdom Hearts https://twitter.com/KINGDOMHEARTS/status/1045373292712988672
"They were very thorough and did a great job..." Tweet - October 5, 2021 - Kingdom Hearts https://twitter.com/KINGDOMHEARTS/status/1445413122148290562
"Sakurai has stated that Smash Bros. is a Video Game celebration..." Twitter Thread - October 5, 2021 - Eduardo Lamhut https://twitter.com/elamhut/status/1445399617751891974
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
In an explosive 60 Minutes Interview, former Facebook employee Frances Haugen acted as "whistleblower" exposing her former employer's internal research on hate speech, divisiveness, and more, with the claim that the same was a violation of US securities laws.
But did Ms. Haugen make a case that such laws were actually violated? How do whistleblower protections work, and will they be afforded if a claim stretches the boundary of what may or may not be illegal activity? And how does good old CDA Section 230 enter into the equation?
There's a difference between whistleblowing and exposing what you don't like...in Virtual Legality.
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CHAPTERS
00:00 Introduction 01:41 The 60 Minutes Interview 14:52 SEC Complaints and Whistleblower Protection 25:52 Facebook's Response 32:07 CDA 230's Liability Shield 35:07 Whistleblower Awards 39:10 The Defend Trade Secrets Act 44:05 Conclusion
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
The Black Widow saga is ended. Scarlett Johansson and Disney have agreed to terms on the payments to be made to the actress/producer for her work in her character's solo MCU outing.
But why now? And did anyone actually win in this fight?
What did it cost? Certainly not everything (but a lot)...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/MqDIHF3Wrno
SUPPORTING THE CHANNEL
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
Discussed in this Episode:
"Black Widow Lawsuit! A Legal Look at Scarlett Johansson vs Disney (VL518)" YouTube Video - July 30, 2021 - Hoeg Law https://youtu.be/ws-rGPuGQv4
"Black Widow's $100 Million Mistake (Scarlett Johansson v Disney) (VL537)" YouTube Video - September 8, 2021 - Hoeg Law https://youtu.be/X4GPiQaYE9I
"Scarlett Johansson, Disney Settle Explosive ‘Black Widow’ Lawsuit" THR - September 30, 2021 https://www.hollywoodreporter.com/business/business-news/scarlett-johansson-disney-settle-black-widow-lawsuit-1235022598/
Scarlett Johansson v The Walt Disney Company Filed July 29, 2021 https://deadline.com/wp-content/uploads/2021/07/Complaint_Black-Widow-1-WM.pdf
"Disney Strikes Back Over Scarlett Johansson’s ‘Black Widow’ Lawsuit, Reveals Her $20 Million Payday – Update" Deadline - July 29, 2021 https://deadline.com/2021/07/scarlett-johansson-walt-disney-co-black-widow-lawsuit-1234802440/
"Scarlett Johansson Asked For $100 Million After Black Widow Shifted To Disney+ Simultaneous Release - Report" Gamespot - September 8, 2021 https://www.gamespot.com/articles/scarlett-johansson-asked-for-100-million-after-black-widow-shifted-to-disney-simultaneous-release-report/1100-6495998/
"Disney & Scarlett Johansson Resolve Bitter ‘Black Widow’ Profits Lawsuit; Big $$$ Win For Oscar Nominee" Deadline - September 30, 2021 https://deadline.com/2021/09/disney-black-widow-lawsuit-scarlett-johansson-rsettlement-1234847437/
"Top 2021 Movies at the Worldwide Box Office" The Numbers https://www.the-numbers.com/box-office-records/worldwide/all-movies/cumulative/released-in-2021
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
It's Nintendo Switch Pro rumor time again! Now with even more denials from Nintendo.
What did Bloomberg report? How was it characterized by Nintendo? And when is a lie not a lie?
Parsing - it's not just a programming term...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/d7ZmDw6Rgxg
SUPPORTING THE CHANNEL
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
Discussed in this Episode:
"Developers Are Making Games for a Nintendo 4K Console That Doesn’t Exist" Bloomberg - September 29, 2021 https://www.bloomberg.com/news/articles/2021-09-29/nintendo-switch-4k-developers-make-games-for-nonexistent-console
"A news report on Sept. 30, 2021(JST) falsely claims..." Tweet - September 29, 2021 - [Nintendo Investor Relations] https://twitter.com/NintendoCoLtd/status/1443366440183074819
Nintendo Investor Q&A February 1, 2021 https://www.nintendo.co.jp/ir/pdf/2021/210202e.pdf
"Nintendo announces Nintendo Switch OLED Model with a vibrant 7-inch OLED screen launching Oct 8" Nintendo Website - July 6, 2021 https://www.nintendo.com/en_CA/whatsnew/detail/2021/nintendo-announces-nintendo-switch-oled-model-with-a-vibrant-7-inch-oled-screen-launching-oct-8/
"Rumour: Nintendo to Announce Bigger 3DS Tomorrow" NintendoLife - June 4th, 2012 https://www.nintendolife.com/news/2012/06/rumour_nintendo_to_announce_bigger_3ds_tomorrow
"About today's Nihon Keizai Shimbun report" NIntendo Website - June 5, 2012 https://www.nintendo.co.jp/corporate/release/2012/120605.html
"Nintendo Announces Super-Sized 3DS XL for August" Wired - June 22, 2012 https://www.wired.com/2012/06/nintendo-3ds-xl/
"Microsoft to Buy Bungie? When is a Denial Not Really a Denial? (VL314)" YouTube Video - September 15, 2020 - Hoeg Law https://studio.youtube.com/video/coA9C4S3ZCU/edit?o=U
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
As Amazon Games experiences its first success with New World, Netflix launches both its mobile gaming initiative and announces its first studio new acquisition. What does the future of gaming hold? It might be something very different from its past.
Big Tech and gaming have really just met, but that doesn't make them met-averse...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/_8e8SQroArg
SUPPORTING THE CHANNEL
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
Discussed in this Episode:
"New World is Already Steam's Most Played Game of 2021 Despite Server Struggles" IGN - September 28, 2021 https://www.ign.com/articles/amazon-games-new-world-mmo-steam-2021-most-played
"Amazon’s Crucible Shuts Down For Good After Returning To Closed Beta" ScreenRant - October 9, 2020 https://screenrant.com/amazon-crucible-shut-down-second-closed-beta/
"Focusing on Stadia’s future as a platform, and winding down SG&E" Google Blog Post - February 1, 2021 https://blog.google/products/stadia/focusing-on-stadias-future-as-a-platform-and-winding-down-sge/
"Expanding Our Games Team With the Acquisition of Night School Studio" Netflix Blog - September 28, 2021 https://about.netflix.com/en/news/expanding-our-games-team-with-the-acquisition-of-night-school-studio
"We are joining the Netflix team." Night School Studio Blog - September 28, 2021 https://nightschoolstudio.com/joining-netflix/
"Netflix buys first video game studio, rolls out mobile games" Reuters - September 28, 2021 https://www.reuters.com/technology/netflix-rolls-out-mobile-games-users-select-european-markets-2021-09-28/
"Epic Games believes the Internet is broken. This is their blueprint to fix it." Washington Post - September 28, 2021 https://www.washingtonpost.com/video-games/2021/09/28/epic-fortnite-metaverse-facebook/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
You are unlikely to find a lawsuit and settlement quite as closely situated in time as those between the US Equal Employment Opportunity Commission (EEOC) and Activision Blizzard on September 27, 2021.
But while some are enthused that Activision is finally realizing some cost for the behavior alleged, others are upset at the size of the offering.
Who is right? What did the EEOC charge Activision with (and how does it differ from what California did)? And how do statutory caps and settlement requirements affect the situation?
The devil is in the details (or the charging documents)...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/73rAxOukWWk
SUPPORTING THE CHANNEL
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CHAPTERS 00:00 Introduction 01:23 The EEOC Lawsuit 14:16 Activision Settles 16:52 Statutory Damage Caps 18:55 The Proposed Consent Decree (Settlement) 25:11 A Release of Claims 27:46 The Settlement Fund ($18 million) 32:11 EEOC Monitoring (The EEO Consultant) 39:35 California Suit Timing Update 43:38 Conclusion
Discussed in this Episode:
"Everybody vs Activision Blizzard: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ
"Activision Blizzard: Understanding the SEC and EEOC Investigations (VL543)" YouTube Video - September 21, 2021 - Hoeg Law https://youtu.be/piDbzSfmnjM
EEOC vs Activision Blizzard Filed September 27, 2021 https://www.scribd.com/document/527872353/US-Equal-Employment-Opportunity-Commission-vs-Activision-Blizzard
"What You Should Know: The EEOC, Conciliation, and Litigation" EEOC Guidance Document https://www.eeoc.gov/laws/guidance/what-you-should-know-eeoc-conciliation-and-litigation
DFEH (California) vs Activision Blizzard et al Filed July 20, 2021 https://aboutblaw.com/YJw
"Damages in cases of intentional discrimination in employment" 42 USC 1981a https://www.law.cornell.edu/uscode/text/42/1981a
"Activision Blizzard Commits to Expanded Workplace Initiatives, Reaches Agreement with the EEOC" Activision Press Release - September 27, 2021 https://investor.activision.com/news-releases/news-release-details/activision-blizzard-commits-expanded-workplace-initiatives
EEOC v Activision Blizzard Proposed Consent Decree https://investor.activision.com/consent-decree-with-EEOC
"Resolving a Charge" EEOC Website https://www.eeoc.gov/employers/resolving-charge
"For folks asking on timing of Activision's response..." Twitter Thread - September 27, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1442598861382504451
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Fans want to support and create in the universes they love and Bungie's Destiny universe is no different.
But what happens when the owner of that universe uses a fan creation in its own material? What are derivative works and what does it mean when they are created without permission?
Why is it very difficult to get the legal protection an artist might otherwise have in almost any other circumstance? And why are "fan" guidelines not the answer to the question?
Perhaps that wizard came from Deviant Art...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/km1qmfKMdtU
SUPPORTING THE CHANNEL
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CHAPTERS 00:00 Introduction 01:35 Bungie Uses Fan Art in Trailer 05:20 Copyright and Derivative Works 11:05 Bungie's Fan Guidelines and Largesse 14:51 A Common Refrain 19:01 Conclusion
Discussed in this Episode:
"All this deception. All the lies." Tweet - September 24, 2021 - Destiny 2 https://twitter.com/DestinyTheGame/status/1441448447668723714
"‘Destiny 2’ Used Xivu Arath Fan Art For New ‘Witch Queen’ Trailer" Forbes - September 25, 2021 https://www.forbes.com/sites/paultassi/2021/09/26/destiny-2-used-xivu-arath-fan-art-for-new-witch-queen-trailer/
"Some more dreamin of miss Xivu Arath" Tweet - October 30, 2021 - Mal E https://twitter.com/relay314/status/1322156864939925514
"Exclusive rights in copyrighted works" 17 USC 106 https://www.law.cornell.edu/uscode/text/17/106
"Definitions" 17 USC 101 https://www.law.cornell.edu/uscode/text/17/101
"Copyright in Derivative Works and Compilations" Circular 14 - Copyright Office https://www.copyright.gov/circs/circ14.pdf
"Guidelines On Fan-Created Media And Art" Bungie Website https://help.bungie.net/hc/en-us/articles/360049201911-Intellectual-Property-and-Trademarks
"Marvel is stealing fan-made Star Wars content; they’re not even giving credit to the artists...... Again!" Reddit Thread - 2 Years Ago https://www.reddit.com/r/StarWars/comments/dy9218/marvel_is_stealing_fanmade_star_wars_content/
"Several people have mentioned..." Tweet - September 16, 2021 - James St.Onge - Art of Engineering https://twitter.com/aoEngineering/status/1438648778702086153
"SNL Just Stole A Sonic Fan's Art (And Put It On National TV)" The Gamer - May 11, 2020 https://www.thegamer.com/snl-stole-sonic-fan-art/
"Disney Producer Apologizes For Stealing YouTube Creator's Tower of Terror Work" ScreenRant - September 22, 2021 https://screenrant.com/tower-terror-art-work-disney-youtube-stolen-apology/
"Limitations on exclusive rights: Fair use" 17 USC 107 https://www.law.cornell.edu/uscode/text/17/107
"Could be that his work was a fair use and copyright protected." Tweet - May 10, 2020 - Leonard J French https://twitter.com/leonardjfrench/status/1259638713333809152
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Marvel and Disney's ownership of major characters like Spider-Man, Doctor Strange, and Thor is being challenged by the estates of the individuals that originally created them, but do those individuals have the right to terminate decades old agreements?
The answer may turn entirely on a court's interpretation of a law written in 1909, and what exactly it meant for each creator to participate in the "Marvel Method".
To Heir is Human, to Terminate Devine...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/OBFUPQohCsk
SUPPORTING THE CHANNEL
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CHAPTERS 00:00 Introduction 01:03 The Controversy 06:43 What is Work Made for Hire? 08:54 Terminating Assignments 14:35 The Marvel Lawsuit 15:58 1909 and The Marvel Method (Kirby) 20:53 Instance and Expense 28:30 Conclusion
Discussed in this Episode:
"Marvel Sues to Block Heirs From Reclaiming Spider-Man, Doctor Strange Copyrights" Variety - September 24, 2010 https://variety.com/2021/film/news/spider-man-captain-america-marvel-copyrigh-termination-1235072997/
"Contempt of Court?! Did Destiny's Composer Steal His Own Music? (VL541)" YouTube Video - September 17, 2021 - Hoeg Law https://youtu.be/tT6AnLMbPaM
"Works Made for Hire" Copyright Office Circular https://www.copyright.gov/circs/circ09.pdf
Form of Consulting Agreement SEC EDGAR Database https://www.sec.gov/Archives/edgar/data/1590418/000168316819000690/focus_ex9906.htm
"Duration of copyright: Subsisting copyrights" 17 USC 304 https://www.law.cornell.edu/uscode/text/17/304
"Termination of transfers and licenses granted by the author" 17 USC 203 https://www.law.cornell.edu/uscode/text/17/203
Marvel Characters, Inc. v Ditko Complaint for Declaratory Relief - Filed September 24, 2021 https://fingfx.thomsonreuters.com/gfx/legaldocs/xmvjokqnzpr/IP%20MARVEL%20COPYRIGHT%20ditkocomplaint.pdf
Works Made for Hire under the 1909 Copyright Law Copyright Office Leaflet (2005) https://copyright.gov/comp3/chap2100/doc/appendixE-madeforhire.pdf
Marvel Characters, Inc. v. Kirby 726 F.3d 119 (2d Cir. 2013) https://casetext.com/case/marvel-characters-inc-v-kirby
"Steve Ditko's Role in the Creation of the 'Marvel Method'" CBR Website - August 28, 2018 https://www.cbr.com/steve-ditko-stan-lee-marvel-method/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Games Workshop (controllers of Warhammer and Warhammer 40k) has had a bit of legal drama surrounding it of late, but the latest is perhaps even more interesting than most.
What is normal in an Non-Disclosure Agreement? What is not? And what makes a non-competition provision "very odd"?
It's possible you're already indirectly engaged with GW just by being...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/OGDw2Noh2Xk
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CHAPTERS 00:00 Introduction 01:36 The NDA 04:14 Ambiguous Definitions 09:54 Some Very Broad Restrictions 16:46 Reputational Harm 19:56 Conclusion
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
"Apple lied." - Tim Sweeney, September 22, 2021
Fortnite will not return to iOS (or Apple in general) until the court process has played itself out. Epic (through CEO Tim Sweeney) claims this a reversal of promises made by Apple both publicly and privately.
But is it? And just how long is the court process likely to be anyway?
This playlist is not going away any time soon...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/GU1Q7OR4MuA
SUPPORT THE CHANNEL
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CHAPTERS 00:00 Introduction 02:04 Apple's "Lies" 07:01 Epic's "Agreement" 21:10 A Long Appeals Road 25:01 Apple's Rejection 28:29 A Matter of Trust 36:52 Projection on the Opposition 39:34 Conclusion
Discussed in this episode:
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Apple lied." Twitter Thread - September 22, 2021 - Tim Sweeney https://twitter.com/TimSweeneyEpic/status/1440711467888615431
"Apple lied, breaks its promise to allow Fortnite back on iOS under its rules" Epic Games Website https://www.epicgames.com/site/en-US/news/apple-lied-breaks-its-promise-to-allow-fortnite-back-on-ios-under-its-rules
Epic v Apple Apple Opposition to TRO - August 21, 2020 https://storage.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.36.0_2.pdf
"Apple won’t let Epic bring Fortnite back to South Korea’s App Store" The Verge - September 10, 2021 https://www.theverge.com/2021/9/10/22666146/apple-epic-korea-fortnite-developer-account-rules-response
"Epic v Apple: ROUND 2! Epic's Appealing an Apple Win (VL539)" YouTube Video - September 13, 2021 - Hoeg Law https://youtu.be/nZU_7f91ZDo
Epic v Apple Notice of Appeal (9th Circuit) https://s3.documentcloud.org/documents/21061142/epic-games-appeal.pdf
"Epic v Apple: Judgment Day - Who Won? Who Lost? ...and Why? (VL538)" YouTube Video - September 10, 2021 - Hoeg Law https://youtu.be/43CMV8KIs3E
Epic Games v Apple Decided September 10, 2021 (N.D. CA) https://s3.documentcloud.org/documents/21060631/apple-epic-judgement.pdf
Epic v Apple Filed Injunction https://www.documentcloud.org/documents/21060628-epic-apple-injunction
"FTR: Median time for final disposition..." Tweet - September 23, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1440788060157865991
Median Disposition Time Table https://www.uscourts.gov/sites/default/files/data_tables/jb_b4a_0930.2020.pdf
NINTH CIRCUIT FREQUENTLY ASKED QUESTIONS https://www.ca9.uscourts.gov/general/faq/
"Fortnite will return to the iOS App Store when ..." Tweet - September 10, 2021 - Tim Sweeney https://twitter.com/TimSweeneyEpic/status/1436370846545809410
"hey siri what is a button" Tweet - September 12, 2021 - Tim Sweeney https://twitter.com/TimSweeneyEpic/status/1437123251046649866
"Decorating your castle walls with the skulls of your enemies went out of fashion..." Tweet - September 23, 2021 - Tim Sweeney https://twitter.com/TimSweeneyEpic/status/1441043041620570117
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Twitch and the DMCA. What a pair.
After 2020's deluge of music industry complaints, the game streaming platform has been scrambling both to assuage the content creators that make up its business, and to get itself out of the line of fire. With this week's announcement of an agreement with the The National Music Publishers’ Association (NMPA), it's clear that one goal has won out over the other.
When is a "process" both not the DMCA and also definitely the DMCA? In Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/nWQDCjceS-U
CHANNEL SUPPORT
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CHAPTERS 00:00 Introduction 02:11 A Musical History 07:49 The NMPA Agreement 11:40 A New Reporting Process 16:55 Understanding the DMCA 21:31 The Repeat Infringer Problem 30:43 Conclusion
Discussed in this episode:
"END of Twitch DMCA Bans?? Twitch's NEW Music Deal" YouTube Video - September 21, 2021 - Devin Nash https://youtu.be/9OmtXF3Rtws
"Twitch and National Music Publishers’ Association Unveil Agreement, Ending Months of Animosity" Variety - September 21, 2021 https://variety.com/2021/digital/news/twitch-national-music-publishers-association-deal-nmpa-1235070276/
"Twitch, Amazon Slammed by RIAA and Major Industry Groups for Using Unlicensed Music; Twitch Disputes Claim" Variety - October 26, 2020 https://variety.com/2020/digital/news/twitch-amazon-unlicensed-music-riaa-recording-academy-1234815503/
"Music-Related Copyright Claims and Twitch" Twitch Blog - November 11, 2020 https://blog.twitch.tv/en/2020/11/11/music-related-copyright-claims-and-twitch/
"NMPA AND TWITCH ANNOUNCE AGREEMENT" NMPA Press Release - September 21, 2021 https://www.nmpa.org/nmpa-and-twitch-announce-agreement/
TWITCH EMAIL (via Twitter) https://twitter.com/HoegLaw/status/1440444793310507011
"Limitations on liability relating to material online" 17 USC 512 (The DMCA) https://www.law.cornell.edu/uscode/text/17/512
Section 512 of Title 17 Copyright Office Report - May 2020 https://www.copyright.gov/policy/section512/section-512-full-report.pdf
"Digital Millennium Copyright Act Notification Guidelines" Twitch DMCA Guidelines - Updated July 19, 2021 https://www.twitch.tv/p/en/legal/dmca-guidelines/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
"An Activision spokeswoman...on Monday confirmed that the SEC’s investigation concerns the company’s disclosures regarding employment matters..., adding that the agency has subpoenaed several current and former employees..."
Wall Street Journal - September 20, 2021
Activision Blizzard's problems with the State of California and their related problems with messaging and personnel have only grown in the past 24 hours, as the Wall Street Journal has confirmed federal investigations of the beleaguered publisher by both the SEC and EEOC.
What are those agencies investigating and how does such an investigation proceed? Why is one potentially more serious than the other? And why does Activision's messaging keep failing to assuage investor fears?
It's time to make a federal case of it...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/piDbzSfmnjM
CHANNEL SUPPORT
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CHAPTERS 00:00 Introduction 01:23 The Securities and Exchange Commission (SEC) Investigation 11:29 Do you have to disclose investigations? 23:12 The Equal Employment Opportunity Commission (EEOC) Investigation 32:24 Activision and Investors Respond 35:41 Conclusion
Discussed in this episode:
"California vs Activision Blizzard: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ
"SEC Is Investigating Activision Blizzard Over Workplace Practices, Disclosures" Wall Street Journal - September 20, 2021 https://www.wsj.com/articles/sec-is-investigating-activision-blizzard-over-workplace-practices-disclosures-11632165080
"The SEC Is Now Investigating Activision Blizzard for Discrimination and Harassment" IGN - September 20, 2021 https://www.ign.com/articles/sec-activision-blizzard-federal-investigation
"How Investigations Work" SEC Website https://www.sec.gov/enforce/how-investigations-work.html
"Cheng v Activision Blizzard" Filed August 3, 2021 https://www.bloomberglaw.com/public/desktop/document/ChengvActivisionBlizzardIncetalDocketNo221cv06240CDCalAug032021Co?1628012094
"Do You Have to Disclose a Government Investigation?" Harvard Law Forum on Corporate Governance https://corpgov.law.harvard.edu/2016/04/09/do-you-have-to-disclose-a-government-investigation/
Activision Blizzard EDGAR FILINGS https://www.sec.gov/edgar/browse/?CIK=718877&owner=exclude
"SEC investigating Activision Blizzard" GamesIndustryBiz - September 20, 2021 https://www.gamesindustry.biz/articles/2021-09-20-sec-investigating-activision-blizzard
"Enforcement provisions" 42 USC 2000e-5 (EEOC) https://www.law.cornell.edu/uscode/text/42/2000e-5
"What You Can Expect After a Charge is Filed" EEOC Webpage https://www.eeoc.gov/employers/what-you-can-expect-after-charge-filed
"What You Should Know: The EEOC, Conciliation, and Litigation" EEOC Guidance Document https://www.eeoc.gov/laws/guidance/what-you-should-know-eeoc-conciliation-and-litigation
"Activision Blizzard Provides Update on Workplace Initiatives" Activision Press Release - September 21, 2021 https://investor.activision.com/news-releases/news-release-details/activision-blizzard-provides-update-workplace-initiatives
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
What do PlayStation exclusive Kena: Bridge of Spirits, multi-platform Yakuza franchise spin-off Lost Judgment, and Xbox exclusive Forza Horizon 5 all have in common? Some questionable timing.
Review Embargoes, "early" access bonuses, and marketing with "Day One" when a release is anything but are all on the menu today.
What do you call a review that's kept from sight? Lost Judgment...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/W6uFby9l5_E
CHANNEL SUPPORT
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
Discussed in this episode:
PlayStation Blog Posts for Kena: Bridge of Spirits https://blog.playstation.com/tag/kena-bridge-of-spirits/
"They set the embargo for launch day?" Twitter Thread - September 20, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1439980767187189761
"Bethesda Isn’t Sending Out Early Review Copies Of Doom" Kotaku - May 11, 2016 https://www.kotaku.com.au/2016/05/bethesda-isnt-sending-out-early-review-copies-of-doom/
"Lost Judgment pre-order and post-launch details revealed" PlayStation Blog - September 3, 2021 https://blog.playstation.com/2021/09/03/lost-judgment-pre-order-and-post-launch-details-revealed/
"Lost Judgment Does Not Work On PlayStation Consoles Despite Being Released" GameRant - September 20, 2021 https://gamerant.com/lost-judgment-not-work-playstation-consoles-release/
"We’ve been made aware of delays regarding Lost Judgment’s Early Access..." Tweet - September 20, 2021 - RGG Studio https://twitter.com/RGGStudio/status/1439926934293594117
"Lost Judgment: Which Edition Should You Buy?" The Gamer - September 3, 2021 https://www.thegamer.com/lost-judgment-version-edition-differences/
"PlayStation Store cancellation policy" https://www.playstation.com/en-us/legal/playstation-store-cancellation-policy/
"PLAY NEW RELEASES ON DAY ONE" Xbox Website https://www.xbox.com/en-US/xbox-game-pass/play-day-one
Forza Horizon 5 Premium Edition Xbox Website https://www.microsoft.com/en-us/p/forza-horizon-5-premium-edition/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Marty O'Donnell is one of the best known composers of video game music in its history, responsible for not only the iconic Halo hymn but also the baseline for Destiny's own unique sound.
But in falling out with game developer Bungie in 2014, Mr. O'Donnell lost the rights to the music he had created for such projects as a result copyright law (and "work made for hire"). But when, in 2019 he started posting materials he had told the court he did not possess, well...things got worse.
In respect of obeying court orders, it should be "The Music of the Fears"...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/tT6AnLMbPaM
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CHAPTERS 00:00 Introduction 01:50 A Contentious History 15:41 Self-Help and Contempt of Court 21:01 Works Made for Hire and Employer Ownership 26:35 Conclusion
Discussed in this episode:
"Former Bungie composer Marty O'Donnell found in contempt of court over use of Destiny assets" Eurogamer - September 16, 2021 https://www.eurogamer.net/articles/2021-09-16-former-bungie-composer-marty-odonnell-found-in-contempt-of-court-over-use-of-destiny-assets
"Ex-Bungie composer Marty O’Donnell wins epic legal fight with former bosses" GamesBeat - September 4, 2015 https://venturebeat.com/2015/09/04/ex-bungie-composer-marty-odonnell-wins-epic-legal-fight-with-former-bosses/
"To be clear..." Tweet - June 11, 2013 - Marty O'Donnell https://twitter.com/MartyTheElder/status/344620774235185152
"I'm saddened..." Tweet - April 16, 2014 - Marty O'Donnell https://twitter.com/MartyTheElder/status/456303189998841856
"The day the music died: When Bungie fired Marty O'Donnell" Eurogamer - April 13, 2016 https://www.eurogamer.net/articles/2016-04-12-the-day-the-music-died-when-bungie-fired-marty-odonnell
"Hmm...better find a way to download Music of the Spheres." Tweet - April 28, 2018 - Marty O'Donnell https://twitter.com/MartyTheElder/status/990399738389254144
"Bungie says it's finally releasing Destiny's Music of the Spheres" Eurogamer - April 30, 2018 https://www.eurogamer.net/articles/2018-04-30-bungie-says-its-finally-releasing-destinys-music-of-the-spheres
"Works Made for Hire" Copyright Office Circular https://www.copyright.gov/circs/circ09.pdf
Form of Consulting Agreement SEC EDGAR Database https://www.sec.gov/Archives/edgar/data/1590418/000168316819000690/focus_ex9906.htm
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
"Within the last six months [Activision Blizzard] has repeatedly engaged in unlawful conduct by threatening employees in the exercise of the rights guaranteed by Section 7 [of the National Labor Relations Act]."
NLRB Charging Document filed on behalf of "A Better ABK" - September 10, 2021
A Better ABK, the group of Activision Blizzard employees who earlier set forth a list of demands of the game publisher and further helped organize this summer's walkout, has joined forces with the Communications Workers of America (AFL-CIO) union, to formally charge Activision Blizzard with violating the National Labor Relations Act.
What is Activision Blizzard accused of doing? In what way are A Better ABK's arguments strong (and how are they weak)? And why is any description of the matter as a lawsuit, almost entirely wrong.
It's time to dive into labor relations...in Virtual Legality.
CHECK OUT THE VIDEO AND LINKS AT: https://youtu.be/FopOUwzQHHk
CHANNEL SUPPORT
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
CHAPTERS 00:00 Introduction (Special Thanks - NORD) 01:43 Charges (Not Lawsuits) Filed with the NLRB 09:05 What Are Unfair Labor Practices? 14:29 How Does the NLRB Work? 22:56 Rearranging Executive Chairs 26:44 Conclusion
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Not one to be put off by such a little thing as a 185 page trial court ruling, Epic Games has done what was anticipated and immediately appealed.
In other words "Epic v Apple - Round 2" begins now.
So why is Epic appealing when Apple is still on the fence? And what can we learn about the Ninth Circuit reversal rate in the process?
We don't skip appealing puns...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/nZU_7f91ZDo
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CHAPTERS 0:00 Introduction 1:04 Epic Appeals 2:32 Why Appeal? 8:21 When is a Win not a Win? 12:27 Contractual Commissions (Apple and Unreal) 26:30 An Apple Appeal? 28:06 Ninth Circuit and Reversal Stats 32:46 Conclusion
Discussed in this episode:
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Epic v Apple: Judgment Day - Who Won? Who Lost? ...and Why? (VL538)" YouTube Video - September 10, 2021 - Hoeg Law https://youtu.be/43CMV8KIs3E
"Epic has appealed Friday’s ruling in the Epic v. Apple case" The Verge - September 12, 2013 https://www.theverge.com/2021/9/12/22670269/epic-files-appeal-fortnite-legal-battle
Epic v Apple Notice of Appeal (9th Circuit) https://s3.documentcloud.org/documents/21061142/epic-games-appeal.pdf
"Apple must allow other forms of in-app purchases, rules judge in Epic v. Apple" The Verge - September 10, 2021 https://www.theverge.com/2021/9/10/22662320/epic-apple-ruling-injunction-judge-court-app-store
"The Epic v. Apple ruling could put a serious dent in Apple’s $19 billion App Store business" The Verge - September 10, 2021 https://www.theverge.com/2021/9/10/22667047/apple-epic-ruling-games-app-store-fortnite-revenue-purchases-business
"Epic Wins Big Fortnite Lawsuit Against Apple" Kotaku - September 10, 2021 https://kotaku.com/epic-wins-big-fortnite-lawsuit-against-apple-1847653612
"A COMPREHENSIVE BREAKDOWN OF THE EPIC V. APPLE RULING" The Verge - September 12, 2021 https://www.theverge.com/2021/9/12/22667694/epic-v-apple-trial-fortnite-judge-yvonne-gonzalez-rogers-final-ruling-injunction-breakdown
Epic Games, Inc. v Apple Inc. Filed August 13, 2020 (US N.D. Cal) https://cdn2.unrealengine.com/apple-complaint-734589783.pdf
Epic Games v Apple Decided September 10, 2021 (N.D. CA) https://s3.documentcloud.org/documents/21060631/apple-epic-judgement.pdf
"App Store Review Guidelines" Updated June 7, 2021 https://developer.apple.com/app-store/review/guidelines/
"Paid Applications Agreement (Schedules 2 and 3 of the Apple Developer Program License Agreement)" https://developer.apple.com/support/downloads/terms/schedules/Schedule-2-and-3-20210607-English.pdf
Unreal Engine End User License Agreement For Publishing https://www.unrealengine.com/en-US/eula/publishing
"Apple hasn’t decided whether to appeal the Epic v. Apple ruling" The Verge - September 13, 2021 - Hoeg Law https://www.theverge.com/2021/9/13/22671736/epic-apple-fortnite-antitrust-case-ruling-appeal-decision
Ninth Circuit 2020 Annual Report https://cdn.ca9.uscourts.gov/datastore/judicial-council/publications/AnnualReport2020.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
It's the day we've long waited for. The "Epic vs Apple" decision is in...and it's 185 pages long.
Who won? Who lost? As it turns out, reasonable minds (and some unreasonable ones) can differ even there.
So dust off that knowledge of antitrust law, the Sherman Act, Rules of Reason, intellectual property commissions, relevant markets, illegal restraints, anti-steering and more, and BUCKLE IN.
CHECK OUT THE VIDEO (AND LINKS) AT: https://youtu.be/43CMV8KIs3E
We're going feature length...in Virtual Legality.
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CHAPTERS 00:00 Introduction (A Look Back) 02:13 Headline Headscratchers 04:30 The Court on Commissions 08:45 The Decision - Overview 15:20 PART I - FINDINGS OF FACT 16:28 Epic and Fortnite 24:46 Apple and the DPLA 34:59 The Relevant Market 45:51 What is a Video Game? 1:01:52 Market Share and Market Power 1:06:53 Anticompetitive Effects 1:18:17 Procompetitive Justifications 1:35:37 PART II - APPLICATION OF LAW 1:45:15 Apple DOES NOT VIOLATE Federal Antitrust Law 2:00:09 Apple DOES NOT VIOLATE California Antitrust Law 2:02:07 Anti-Steering Rules VIOLATE California Unfair Competition Law (Injunction) 2:16:01 Epic IS LIABLE for Breach of Contract 2:21:32 Conclusion (Responses)
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
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DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Scarlett Johannsson and her team have painted Disney as an evil empire bent on using Black Widow and the Marvel Cinematic Universe (MCU) for its own nefarious Disney Plus-related ends.
But with new information coming out regarding how her team conducted "negotiations", many more questions have been raised.
We're right there with you wishing for the world of 2019, Scarlett, but that doesn't make it so...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/X4GPiQaYE9I
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CHAPTERS 00:00 Introduction 01:45 The $100M Question 03:47 Back End Participation 10:07 Black Widow Math 14:00 Conclusion
Discussed in this episode:
"Black Widow Lawsuit! A Legal Look at Scarlett Johansson vs Disney (VL518)" YouTube Video - July 30, 2021 - Hoeg Law https://youtu.be/ws-rGPuGQv4
"How Disney and Scarlett Johansson Reached the Point of No Return" Wall Street Journal - September 3, 2021 https://www.wsj.com/articles/how-disney-and-scarlett-johansson-reached-the-point-of-no-return-11630688765
"Scarlett Johansson Asked For $100 Million After Black Widow Shifted To Disney+ Simultaneous Release - Report" Gamespot - September 8, 2021
"Let’s Talk About Back End Points" MsInTheBiz Blog - November 27, 2019 http://msinthebiz.com/2019/11/27/lets-talk-about-back-end-points/
"Box Office History for Marvel Cinematic Universe Movies" The Numbers https://www.the-numbers.com/movies/franchise/Marvel-Cinematic-Universe#tab=summary&franchise_movies_overview=od5
"Top 2021 Movies at the Worldwide Box Office" The Numbers https://www.the-numbers.com/box-office-records/worldwide/all-movies/cumulative/released-in-2021
"Marvel Studios’ Black Widow Surpasses $215M Between Box Office and Disney+ Premier Access" Disney Press Release - July 11, 2021 https://dmedmedia.disney.com/news/black-widow-surpasses-215m-between-box-office-and-disney-plus-premier-access
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Remedy Entertainment's Alan Wake never got the kind of attention it deserved. But that might all change with the announcement of "Alan Wake Remastered" for Xbox, PlayStation, and PC.
It never was just a lake...in Virtual Legality.
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CHAPTERS 00:00 Introduction 01:48 Remedy's Long Winding Alan Wake Road 06:57 Remaster Leaks 07:44 Remaster Announced 14:37 Conclusion
Discussed in this episode:
"Alan Wake" Wikipedia Entry https://en.wikipedia.org/wiki/Alan_Wake
"INTRODUCING THE ALAN WAKE 2 YOU WILL NEVER PLAY" Polygon - April 20, 2015 https://www.polygon.com/features/2015/4/20/8450329/alan-wake-2-prototype-video-interview
"Remedy obtains publishing rights to Alan Wake" July 2, 2019 https://www.gamesindustry.biz/articles/2019-07-01-remedy-obtains-publishing-rights-to-alan-wake
LEAKS https://twitter.com/ZhugeEX/status/1434232279874813954 https://www.eurogamer.net/articles/2021-09-04-alan-wake-remastered-pops-up-on-retailer-websites-with-october-release-date https://www.rockpapershotgun.com/the-repeatedly-leaked-alan-wake-remaster-seems-imminent https://www.engadget.com/alan-wake-remastered-ps5-xbox-series-x-leak-205912791.html https://www.ign.com/articles/alan-wake-remastered-remedy-games-listing-playstation-5-xbox-series-x
"Announcing Alan Wake Remastered: An Open Letter from Sam Lake" The Sudden Stop Blog - September 7, 2021 https://www.alanwake.info/2021/09/remaster.html
"You’re invited: PlayStation Showcase 2021 Broadcast next Thursday" PlayStation Blog - September 2, 2021 https://blog.playstation.com/2021/09/02/youre-invited-playstation-showcase-2021-broadcast-next-thursday/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Take Two Interactive has sued the developers of "re3" and "reVC", reverse engineered source code projects designed to make Grand Theft Auto 3 and Vice City playable on unsupported platforms with additional features.
Many other developers have elected not to sue over similar projects, but does that make them...legal?
We have a lot to discuss.
Reverse Engineering doesn't get you out of the infringement question...in Virtual Legality.
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CHAPTERS 00:00 Introduction (Sponsor - FalkusVipus) 01:02 The re3 Project 06:30 Copyright and Fair Use 08:45 Reverse Engineering and the Law 13:55 The Lawsuit 26:28 Infringement and Remedies 33:13 The EULA Problem 36:36 Knowing Falsity? 40:10 Conclusion
Discussed in this episode:
"Take-Two is suing the creators of GTA 3 and Vice City reverse engineering projects" VGC - September 3, 2021 https://www.videogameschronicle.com/news/take-two-is-suing-the-creators-of-a-gta-3-and-vice-city-reverse-engineering-projects/
"Now Take-Two is going after GTA reverse engineering projects" Eurogamer - September 3, 2021 https://www.eurogamer.net/articles/2021-09-03-now-take-two-is-going-after-gta-reverse-engineering-projects
"Exclusive rights in copyrighted works" 17 USC 106 https://www.law.cornell.edu/uscode/text/17/106
"Limitations on exclusive rights: Fair use" 17 USC 107 https://www.law.cornell.edu/uscode/text/17/107
"Circumvention of copyright protection systems" 17 USC 1201 https://www.law.cornell.edu/uscode/text/17/1201
Sega v Accolade 977 F.2d 1510 (1992) https://openjurist.org/977/f2d/1510
Take Two v Papenhoff et. al. Filed September 2, 2021 https://storage.courtlistener.com/recap/gov.uscourts.cand.384429/gov.uscourts.cand.384429.1.0.pdf
Tetris Holding, LLC v. Xio Interactive, Inc. 863 F. Supp. 2d 394 (D.N.J. 2012) https://casetext.com/case/tetris-holding-llc-v-xio-interactive-inc
DAVIDSON & ASSOCIATES v JUNG 422 F.3d 630 (2005) https://scholar.google.com/scholar_case?q=Blizzard+Entertainment+v.+Jung&hl=en&as_sdt=40000006&case=5463280175310353497&scilh=0
"ROCKSTAR GAMES END USER LICENSE AGREEMENT" Updated July 11, 2019 https://www.rockstargames.com/eula
"Remedies for infringement: Damages and profits" 17 USC 504 https://www.law.cornell.edu/uscode/text/17/504
"Limitations on liability relating to material online" 17 USC 512 https://www.law.cornell.edu/uscode/text/17/512
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
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The US Supreme Court's "shadow docket" of emergency motion decisions has long been a source of curiosity and controversy, but no more so then when the State of Texas deputized its citizenry to enforce a new abortion law (S.B. 8).
What was asked of the Court, and why did SCOTUS elect not to act? How would the dissent have dealt with the situation? And what does it signal for the future?
SCOTUS - The one place we don't want shadow drops...in Virtual Legality.
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CHAPTERS 00:00 Introduction 02:48 Roe v Wade and the Texas Law 07:18 Ex Parte Young and the Texas Two-Step 12:32 The Shadow Docket 14:25 The Court's Denial (Alito - Standing) 22:08 Roberts Dissent (Pragmatism and Process) 30:08 Breyer Dissent (Delegation Shouldn't Block) 34:12 Sotomayor Dissent (Flatly Unconstitutional) 38:27 Kagan Dissent (Shadow Docket) 41:24 Conclusion (Dobbs)
Discussed in this episode:
"BREAKING: SUPREME COURT ALLOWS TEXAS ABORTION BAN TO REMAIN IN EFFECT." Tweet - September 2, 2021 - SCOTUSblog https://twitter.com/SCOTUSblog/status/1433281871555833859
Roe v. Wade 410 U.S. 113 (1973) https://supreme.justia.com/cases/federal/us/410/113/
"Texas Senate Bill 8" https://legiscan.com/TX/text/SB8/2021
"Ex Parte Young" Decided March 23, 1908 https://casetext.com/case/ex-parte-edward-young
11th Amendment US Constitution https://www.law.cornell.edu/constitution/amendmentxi
"Texas abortion law that bans procedure as early as six weeks set to go into effect after court cancels hearing, denies motions" Texas Tribune - August 29, 2021 https://www.texastribune.org/2021/08/29/texas-abortion-law-5th-circuit-court/
"Supreme Court 'Shadow Docket' Under Review by U.S. House of Representatives" ABA Webpage - April 14, 2021 https://www.americanbar.org/groups/committees/death_penalty_representation/publications/project_blog/scotus-shadow-docket-under-review-by-house-reps/
WHOLE WOMAN’S HEALTH ET AL. v. AUSTIN REEVE JACKSON, JUDGE, ET AL. Denial of Injunctive Relief - September 2, 2021 https://www.supremecourt.gov/opinions/20pdf/21a24_8759.pdf
CALIFORNIA ET AL. v. TEXAS ET AL. Decided June 17, 2021 https://www.supremecourt.gov/opinions/20pdf/19-840_6jfm.pdf
Article III, Section 2 US Constitution https://www.law.cornell.edu/constitution/articleiii
"Court to weigh in on Mississippi abortion ban intended to challenge Roe v. Wade" SCOTUSblog - May 17, 2021 https://www.scotusblog.com/2021/05/court-to-weigh-in-on-mississippi-abortion-ban-intended-to-challenge-roe-v-wade/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
A new challenger has entered the "Epic vs Apple" fray, but is South Korea's new "anti-google" bill as significant to the tech titans as some have assumed?
There's a difference between rights and means..in Virtual Legality.
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CHAPTERS 00:00 Introduction 00:57 South Korea's Ban Bill 10:05 Rights and Means 22:32 Conclusion
Discussed in this episode:
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Google, Apple Hit by First Law Threatening Dominance Over App-Store Payments" Wall Street Journal - August 31, 2021 https://www.wsj.com/articles/google-apple-hit-in-south-korea-by-worlds-first-law-ending-their-dominance-over-app-store-payments-11630403335
"Apple and Google must allow developers to use other payment systems, new Korean law declares " The Verge - August 31, 2021 https://www.theverge.com/2021/8/31/22643800/apple-google-south-korea-app-store-payment-legislation-passes
"Partial amendment to the Telecommunications Business Act" Korean Assembly Page http://likms.assembly.go.kr/bill/billDetail.do?billId=PRC_E2Z1F0E7F2Y0Q1S1N3B4Y5U2A2K2P9
"The App Store Model Is Crumbling" Protocol - September 1, 2021 https://www.protocol.com/newsletters/sourcecode/app-store-law-south-korea
"App Store Review Guidelines" Updated June 7, 2021 https://developer.apple.com/app-store/review/guidelines/
"A Broken Marketplace" CAF Webpage https://appfairness.org/issues/broken-marketplace/
Epic v Apple Preliminary Injunction Order October 9, 2020 https://www.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.118.0.pdf
Apple's Answer and Countersuit Epic v Apple - September 8, 2020 Filing https://www.courtlistener.com/docket/17442392/66/epic-games-inc-v-apple-inc/
"Paid Applications Agreement (Schedules 2 and 3 of the Apple Developer Program License Agreement)" https://developer.apple.com/support/downloads/terms/schedules/Schedule-2-and-3-20210607-English.pdf
"Unreal Engine End User License Agreement For Publishing" As of August 30, 2021 https://www.unrealengine.com/en-US/eula/publishing
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Starfield - the game no one has seen (but which everyone wants to fight over), continues to be a sticking point in Microsoft's post-Bethesda merger messaging.
What did Bethesda's Pete Hines say about the Xbox exclusive, and why did so many report on it? And why is it unfair to lay the resulting "confusion" at the feet of Bethesda fans?
Microsoft wants to be loved, but they don't want to be blamed for it...in Virtual Legality.
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CHAPTERS 00:00 Introduction 00:50 Leaving the Door Open? 05:10 The Pete Hines Interview 18:00 Conclusion
Discussed in this episode:
"Bethesdas Pete Hines suggests the door might still be open..." Tweet - August 30, 2021 - The Red Dragon https://twitter.com/TWTHEREDDRAGON/status/1432365449010896900
Response Tweets https://twitter.com/BenjiSales/status/1432489019791888388 https://twitter.com/Rand_al_Thor_19/status/1432473794455785472 https://twitter.com/Stallion83/status/1432522405293998080 https://twitter.com/DCDeacon/status/1432422360922169346 https://twitter.com/aarongreenberg/status/1432457510464622595 https://twitter.com/aarongreenberg/status/1432466477945294849 https://twitter.com/MatPiscatella/status/1432474959184424963
"Bethesda And Microsoft Respond To Starfield On PS5 Questions" Gamespot - August 30/31 https://www.gamespot.com/articles/bethesda-and-microsoft-respond-to-starfield-on-ps5-questions/1100-6495706/
"Bethesda's Pete Hines has a message for PlayStation fans" Tweet - August 30, 2021 - Gamespot https://twitter.com/GameSpot/status/1432463193453076493
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
The "Epic vs Apple" opinion is not quite ready for public consumption, but as other developers agree to settlements and Epic CEO Tim Sweeney tries to box Apple into a corner, there's no question that even the trial court's decision is not likely to end this particular fight.
Sometimes you aim at another, but hit only yourself...in Virtual Legality.
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CHAPTERS 00:00 Introduction 00:55 The Cameron Settlement 18:00 Terminating Termination 28:08 Conclusion
Discussed in this episode:
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Apple, US developers agree to App Store updates that will support businesses and maintain a great experience for users" Apple Press Release - August 26, 2021 https://www.apple.com/newsroom/2021/08/apple-us-developers-agree-to-app-store-updates/
Epic vs Apple Restraining Order - August 24, 2020 https://storage.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.48.0.pdf
Cameron vs Apple Initial Complaint - June 4, 2019 https://www.classaction.org/media/cameron-et-al-v-apple-inc.pdf
"App Store Small Business Program" Apple Webpage https://developer.apple.com/app-store/small-business-program/
"App Store Review Guidelines" Updated June 7, 2021 https://developer.apple.com/app-store/review/guidelines/
"App Store Review Guidelines" As of May 24, 2021 https://web.archive.org/web/20210524174327/https://developer.apple.com/app-store/review/guidelines/
"Epic v Apple: Endgame (Closing Arguments) (VL480)" Youtube Video - May 24, 2021 - Hoeg Law https://youtu.be/I5WS5D6GydY
"Mr. Sweeney is right." Tweet - August 27, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1431326682200387588
"Tech companies using termination of contracts..." Twitter Thread - August 28, 2021 - Tim Sweeney https://twitter.com/TimSweeneyEpic/status/1431717803447529479
"Unreal Engine End User License Agreement For Publishing" As of August 30, 2021 https://www.unrealengine.com/en-US/eula/publishing
"Unreal Engine End User License Agreement For Publishing" As of November 29, 2020 https://web.archive.org/web/20201129172005/https://www.unrealengine.com/ko/eula/publishing
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
"...DFEH is also informed...documents related to investigations and complaints were shredded by human resource personnel and emails are deleted thirty (30) days after an employee’s separation."
Activision Blizzard's day just got worse as the State of California has expanded its disparity and harassment complaint and accused the game giant of suppressing evidence in violation of the law.
Evidence destruction is no joke, but the nature of what constitutes 'evidence' is certainly up for discussion...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/Canucu5jRAE
CHANNEL SUPPORT
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
CHAPTERS 00:00 Introduction 03:20 The Amended Complaint - New Factual Basis 11:44 Settlement Agreement Terms 18:33 A New Cause of Action 25:36 Confidential Law Firms and Privilege 32:12 Destroying Documents 35:50 Activision's Response 39:11 Conclusion
Discussed in this episode:
"California vs Activision Blizzard: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ
"California expands lawsuit against Activision Blizzard" Axios - August 24, 2021 https://www.axios.com/activision-blizzard-lawsuit-temporary-workers-4a8fa284-a003-4c56-819c-43c7c2d3f3ca.html
DFEH (California) vs Activision Blizzard et al Amended Complaint - Filed August 23, 2021 https://s3.documentcloud.org/documents/21048497/activision-amended-complaint-82321.pdf
"Unlawful Practices, Generally" California Code 12946 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=12946
California Code of Regulations - Title 2, Section 11013 http://www.gamutonline.net/district/lawndale/displayPolicy/980001/
"Wages, Hours and Working Conditions" California Code 1197.5 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1197.5.&lawCode=LAB
"Wages, Hours and Working Conditions" California Code 1198.5 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1198.5
"Personnel files and records" California Government Website https://www.dir.ca.gov/dlse/faq_righttoinspectpersonnelfiles.htm
"Activision Blizzard: California Lawsuit Accuses Publisher's HR Department of Shredding Documents" IGN - August 24, 2021 https://www.ign.com/articles/activision-blizzard-lawsuit-hr-shredded-documents
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Twitch's ban of Dr. Disrespect in the Summer of 2020, when he was then one of the platform's most popular streamers, has been a constant topic of debate and conversation in the gaming and game streaming industries. Now, that debate has changed as talk of lawsuits fill the air.
Will Dr. Disrespect sue Twitch? Can he even survive dismissal? And on what grounds might such a lawsuit be premised?
You can see the groundwork being laid, but it's a difficult road indeed...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/I8FJcevnzqo
CHANNEL SUPPORT
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
CHAPTERS 00:00 Introduction 02:06 Disrespect Says He's Suing Twitch 07:48 Possible Legal Theories 17:15 Black Widows and Arbitration 23:32 Conclusion
Discussed in this episode:
"Twitch Bans Dr. Disrespect - A Lawyer's Take On What We Know (VL254)" YouTube Video - June 29, 2020 - Hoeg Law https://youtu.be/wfgiEiefZ2E
"Dr. Disrespect Banned From Twitch: Doc’s Statement And What We Know" Forbes - June 28, 2020 https://www.forbes.com/sites/davidthier/2020/06/28/statement-respond-why-dr-disrespect-banned-from-twitch-for-mysterious-reasons/?sh=5e8ed8652c0e
"DrDisrespect FINALLY opens up about you know what." YouTube Video - August 24, 2021 - DrDisRespect https://youtu.be/PkqZhyukSW0
"Intentional Interference With Prospective Economic Relations - Essential Factual Elements" California Jury Instructions - Justia https://www.justia.com/trials-litigation/docs/caci/2200/2202/
"Negligent Interference With Prospective EconomicRelations" California Jury Instructions - Justia https://www.justia.com/trials-litigation/docs/caci/2200/2204/
"Intentional Infliction of Emotional Distress - EssentialFactual Elements" California Jury Instructions - Justia https://www.justia.com/trials-litigation/docs/caci/1600/1600/
"Intentional Infliction of Emotional Distress - 'Outrageous Conduct' Defined" California Jury Instructions - Justia https://www.justia.com/trials-litigation/docs/caci/1600/1602/
"Negligence - Recovery of Damages for EmotionalDistress - No Physical Injury - Direct Victim - Essential Factual Elements" California Jury Instructions - Justia https://www.justia.com/trials-litigation/docs/caci/1600/1620/
"Contracts in Restraint of Trade" California Code 16600 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC§ionNum=16600.
"Terms of Service" Twitch - Updated January 1, 2021 https://www.twitch.tv/p/en/legal/terms-of-service/
"Validity, irrevocability, and enforcement of agreements to arbitrate" 9 USC 2 https://www.law.cornell.edu/uscode/text/9/2
"Scarlett Johansson Slams “Misogynistic” Disney Response As Mouse House Tries To Move ‘Black Widow’ Suit Behind Closed Doors – Update" Deadline - August 21, 2021 https://deadline.com/2021/08/scalett-johansson-disney-lawsuit-black-widow-response-arbitration-1234819262/
Periwinkle v Walt Disney Defendant's Motion to Arbitrate - Filed August 20, 2021 https://deadline.com/wp-content/uploads/2021/08/black-widow-disney-arbitrtion-motion.pdf
"Arbitrability – Who Decides?" ABA Article - February 2019 https://www.americanbar.org/groups/business_law/publications/committee_newsletters/bcl/2019/201902/fa_3/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
With anticipation as high as it is for Tom Holland's third stint as Spider-Man in Spider-Man: No Way Home, Sony (making the movie in partnership with Disney and Marvel) has had quite the time keeping details of the film under wraps.
But on Sunday, August 22, 2021, a secretive marketing machine's worst fears were realized. An unfinished version of the teaser trailer was presented to the world in perhaps the most unflattering way possible.
As takedown notices and DMCA claims ensued, it was obvious enough that the leakers would be held responsible, but the greater question might just be - Does anyone else have anything to worry about? The answer may surprise you.
With a great Internet connection comes great responsibility...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/asaHu0Wz4Co
CHANNEL SUPPORT
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
CHAPTERS 00:00 Introduction (Patreon Sponsors!) 01:15 Spider-Man Leaks 04:11 Copyright Infringement and Takedowns 09:23 Defending Trade Secrets 17:50 The Pokemon Settlements 21:02 Conclusion
Discussed in this episode:
"Sony Moves Quickly to Block Alleged ‘Spider-Man: No Way Home’ Trailer Leak on Social Media" The Hollywood Reporter - August 22, 2021 https://www.hollywoodreporter.com/movies/movie-news/sony-block-alleged-spider-man-no-way-home-trailer-leak-1235001375/
"Spider-Man: No Way Home Full Trailer Allegedly Leaked, Sony Pictures Issues Takedowns" Gadgets 360 - August 23, 2021 https://gadgets.ndtv.com/entertainment/news/spider-man-no-way-home-trailer-full-leaked-tiktok-twitter-takedown-sony-pictures-2516456
"Exclusive rights in copyrighted works" 17 USC 106 https://www.law.cornell.edu/uscode/text/17/106
"Limitations on exclusive rights: Fair use" 17 USC 107 https://www.law.cornell.edu/uscode/text/17/107
"Last of Us Leak Legalities" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-ULKii2yP9AY-Emo1_G8xN
"After Spider-Man: No Way Home Trailer Leaks Out, Sony Is Quick To Scrub It From The Internet" CinemaBlend - August 22, 2021 https://www.cinemablend.com/news/2572376/after-spider-man-no-way-home-trailer-leaks-out-sony-quick-scrub-from-internet
"Theft of trade secrets" 18 USC 1832 https://www.law.cornell.edu/uscode/text/18/1832
"Definitions" 18 USC 1839 https://www.law.cornell.edu/uscode/text/18/1839#3
The Pokemon Company International v Cruz Stipulated Judgment - June 22, 2021 https://storage.courtlistener.com/recap/gov.uscourts.wawd.280312/gov.uscourts.wawd.280312.52.0.pdf
First Amendment US Constitution https://www.law.cornell.edu/constitution/first_amendment
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
It's our annual (semi-annual?), let's respond to some...interesting claims made on YouTube episode!
In this installment - Is Roblox, one of the most popular gaming platforms in the world, exploiting your child? What you don't know...probably won't change your understanding of the underlying voluntary transactions at play here.
That said, there's much to discuss as Shut Up and Sit Down's Quintin Smith gets extravagant on behalf of People Make Games.
Nobody needs to Shut Up, but we should probably have a bit of a Sit Down...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/pE3TjauWcow
CHANNEL SUPPORT
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
CHAPTERS 00:00 Introduction 03:50 The Underlying Premise 05:46 Overview 06:53 Encouraging Folks to Develop 19:32 Problems of Discoverability 25:07 A Fair Share 36:47 Robux and Suspect Terms 44:57 Understanding Company Scrip 49:59 Bonus Arguments: Children and Activists 57:50 Jumping to Conclusions 1:01:59 My Conclusions (and Emil's)
Discussed in this episode:
"Been working on this for a while." Tweet - August 19, 2021 - Quinns https://twitter.com/Quinns108/status/1428341253603831812
"Investigation: How Roblox Is Exploiting Young Game Developers" YouTube Video - August 19, 2021 - People Make Games https://youtu.be/_gXlauRB1EQ
"What is Roblox?" Roblox Parents Webpage https://corp.roblox.com/parents/
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Roblox bookings grow 35% to $665.5M for Q2 2021" VentureBeat - August 16, 2021 https://venturebeat.com/2021/08/16/roblox-bookings-grow-35-to-665-5m-for-q2-2021/
"Infographic: Indie game revenues on Steam" August 9, 2020 https://vginsights.com/insights/article/infographic-indie-game-revenues-on-steam
Roblox Corporation FORM S-1 REGISTRATION STATEMENT https://www.sec.gov/Archives/edgar/data/1315098/000119312520298230/d87104ds1.htm
"Roblox Terms of Use" Updated May 18, 2021 https://en.help.roblox.com/hc/en-us/articles/115004647846-Roblox-Terms-of-Use
"Developer Exchange Terms of Use" Roblox Help Page - Updated October 4, 2019 https://en.help.roblox.com/hc/en-us/articles/115005718246
"American kids want to be famous on YouTube, and kids in China want to go to space: survey" Business Insider - July 17, 2019 https://www.businessinsider.com/american-kids-youtube-star-astronauts-survey-2019-7
"Scrip" Wikipedia Entry https://en.wikipedia.org/wiki/Scrip
"Payment in scrip or similar medium not authorized." 29 CFR 531.34 https://www.law.cornell.edu/cfr/text/29/531.34
"Definitions" 29 USC 203 https://www.law.cornell.edu/uscode/text/29/203
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Abandoned, Blue Box, and studio head Hasan Kahraman have provided the game industry with some of its more interesting storylines in 2021.
But when Mr. Kahraman is finally interviewed by one of gaming's largest outlets in IGN, one can't help but wonder whether its journalists are seeking truth or merely carrying water.
Perhaps it's this interview that should have been Abandoned...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/3AvvUuaCPDE
CHANNEL SUPPORT
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
CHAPTERS 00:00 Introduction 03:18 The Interview 05:56 An Interesting History 10:08 IGN Takes Up the Cause 18:46 Definitely Not Scammers 25:34 Abandoning Reason 31:14 A Confident Man 32:37 Conclusion
Discussed in this episode:
"Way, way too credulous from IGN here." Tweet - August 18, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1428006443043655691
"Abandoned Creator Explains Blue Box's Release History, Promises a Free New Game" IGN - August 18, 2021 https://www.ign.com/articles/abandoned-blue-box-history-free-game-the-haunting
"A Blue Box Game Studios TIMELINE" Reddit Thread https://www.reddit.com/r/TheBlueBoxConspiracy/comments/p29dwz/a_blue_box_game_studios_timeline/
"Private investor" Rewind Kickstarter Update - April 4, 2015 - Blue Box Game Studios https://www.kickstarter.com/projects/1300326342/rewind-a-cinematic-horror-game-for-pc-vr-and-conso/posts/1188870
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Among Us and Fortnite - two of the most popular multiplayer games in the world. But what happens when one decides to become an impostor of the other?
Some think it's pretty...sus. The law, however, may well be more welcoming.
We'd definitely cover an Innersloth's battle royale called "Two Weeks"...in Virtual Legality.
CHECK OUT THE VIDEO AND LINKS AT: https://youtu.be/okiy7APPls0
CHANNEL SUPPORT
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
CHAPTERS 00:00 Introduction - About Among Us 01:44 A Challenger (or Impostor) Appears! 04:40 Justified Disappointment 06:50 Maps, Ideas, and Copyright 14:54 Largesse - A Streaming Aside 18:10 The Patent Problem 25:06 Conclusion
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
The world of gaming in 2021 is much different than it has been throughout its history. Multiplayer and live service games dominate the landscape, and licensed material has found more of a home, not just in the soundtracks of play, but in their substance.
So, it is no real surprise that Dead by Daylight, one of the more popular multiplayer games around is now faced with pulling content as a prominent license expires.
But what can that tell us about copyright, game licensing, and the strategies being employed by Netflix? Some potentially...strange things.
It's all fun and games until someone terminates the license...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/VFIGYW9bujU
CHANNEL SUPPORT
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
CHAPTERS 00:00 Introduction 02:53 Stranger Things Removal 08:25 How Copyright License Work 14:04 Netflix's New Strategy 18:05 Conclusion
Discussed in this episode:
"Nancy, Steve, and The Demogorgon are leaving..." Tweet - August 16, 2021 - Dead by Daylight https://twitter.com/DeadByBHVR/status/1427276944018653194
"Dead By Daylight’s “Stranger Things Chapter” being removed from sale in November" Reddit Thread - August 16, 2021 https://www.reddit.com/r/Games/comments/p5ieqn/dead_by_daylights_stranger_things_chapter_being/
"F.A.Q | Stranger Things Last Chance Sale" Dead by Daylight Forums - August 16, 2021 https://forum.deadbydaylight.com/en/kb/articles/292
"FORM OF INTELLECTUAL PROPERTY LICENSE AGREEMENT" SEC EDGAR Archives https://www.sec.gov/Archives/edgar/data/1494538/000119312511040241/dex99k3.htm
Netflix Q2 2021 Investor Report https://s22.q4cdn.com/959853165/files/doc_financials/2021/q2/FINAL-Q2-21-Shareholder-Letter.pdf
"Enter the Upside Down in Smite with the Stranger Things crossover tomorrow" PlayStation Blog - July 12, 2021 https://blog.playstation.com/2021/07/12/enter-the-upside-down-in-smite-with-the-stranger-things-crossover-tomorrow/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Apple has long sold its iPhone on the value of privacy, of having one's personal life kept separate from the all-seeing eyes of other technology companies and/or the state.
Has that promise been illusory? To some extent, of course.
But now, with the announcement that the California company would be using its own operating system to compare every iCloud user's photos with information provided by the National Center for Missing & Exploited Children (NCMEC), the privacy horse appears to have completely left the barn.
Nothing to hide doesn't mean there's nothing to fear...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/hTwN9LHpRU4
CHANNEL SUPPORT
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
CHAPTERS 00:00 Introduction 2:07 Apple's "Expanded Protections for Children" 6:30 Legal Requirements 8:43 Scanning Your Phone 12:43 The NCMEC 17:46 Apple's Terms and Policies 20:30 Criticisms (EFF) 23:08 Internal Defensiveness 26:02 Privacy and State Actors 31:32 Government Problems (including the US) 36:28 Conclusion
Discussed in this episode:
"Expanded Protections for Children" Apple Blog Post - August 5, 2021 https://www.apple.com/child-safety/
"Reporting requirements of providers" 18 USC 2258A https://www.law.cornell.edu/uscode/text/18/2258A
NMEC Materials: * "About Us" - https://www.missingkids.org/footer/about * Form 990 (2019) - https://www.missingkids.org/content/dam/missingkids/pdfs/2019_NCMEC_Form%20990%20Public%20Inspection%20Copy%20-%20JC%20signed.pdf * DOJ Grant - https://ojjdp.ojp.gov/funding/awards/2020-mc-fx-k004 * Funding Law - https://www.law.cornell.edu/uscode/text/34/11293
iOS 14 Terms of Service https://www.apple.com/legal/sla/docs/iOS14_iPadOS14.pdf
Apple Privacy Policy https://www.apple.com/legal/privacy/pdfs/apple-privacy-policy-en-ww.pdf
"Apple's Plan to "Think Different" About Encryption Opens a Backdoor to Your Private Life" EFF - August 5, 2021 https://www.eff.org/deeplinks/2021/08/apples-plan-think-different-about-encryption-opens-backdoor-your-private-life
"In internal memo, Apple addresses concerns around new Photo scanning features, doubles down on the need to protect children" 9to5Mac - August 6, 2021 https://9to5mac.com/2021/08/06/apple-internal-memo-icloud-photo-scanning-concerns/
"Interview: Apple's head of Privacy details child abuse detection and Messages safety features" August 10, 2021 https://techcrunch.com/2021/08/10/interview-apples-head-of-privacy-details-child-abuse-detection-and-messages-safety-features/
Apple FAQ https://www.apple.com/child-safety/pdf/Expanded_Protections_for_Children_Frequently_Asked_Questions.pdf
"Apple criticised for storing data inside China" BBC - May 20, 2021 https://www.bbc.com/news/technology-57186275
"Apple’s iPhones Will Include New Tools to Flag Child Sexual Abuse" New York Times - August 5, 2021 https://www.nytimes.com/2021/08/05/technology/apple-iphones-privacy.html
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
In the face of California's Department of Fair Employment and Housing (DFEH) lawsuit, Activision Blizzard faces new investor demands as it continues to "clean house".
Activist investors are going to be active...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/rIGunkCZG7g
CHANNEL SUPPORT
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
CHAPTERS 00:00 Introduction and Disclaimers 01:03 Investors Demand 2:26 Who is the SOC Investment Group? 7:57 Reading the Letter 18:45 Senate Bill 826 27:31 Employees Depart 30:42 Conclusion
Discussed in this episode:
"California vs Activision Blizzard: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ
"Activision Blizzard shareholder says company’s response doesn’t ‘go nearly far enough’" The Verge - August 10, 2021 https://www.theverge.com/2021/8/10/22618776/activision-blizzard-shareholder-letter-soc-investment-group
SOC Investment Group Letter August 5, 2021 https://static1.squarespace.com/static/5d374de8aae9940001c8ed59/t/6112affe2aea584297c35a92/1628614654961/SOC+IG+to+Activision+8-10-21.pdf
"About SOC Investment Group" https://www.socinvestmentgroup.com/
"About CTW" http://www.changetowin.org/
"A LETTER FROM CEO BOBBY KOTICK TO ALL EMPLOYEES" July 27, 2021 https://activisionblizzard.com/newsroom/2021/07/letter-from-CEO-bobby-kotick-to-all-employees
Meland v Weber June 21, 2021 https://cdn.ca9.uscourts.gov/datastore/opinions/2021/06/21/20-15762.pdf
"Jesse McCree, Diablo 4 Director No Longer At Activision Blizzard" Kotaku - August 12, 2021 https://kotaku.com/jesse-mcree-diablo-4-director-no-longer-at-activision-1847469113
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
What do you get when you cross a games company, a subscription services, and a robust universe of community created content? You get Games Workshop telling Warhammer animators (and modders?) what they can do with their fan animations.
But is that in their best interest?
Laws for the law god...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/JqMICgL4wZ8
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CHAPTERS 00:00 Introduction 02:21 Copyright Exclusivity 04:17 Warhammer Plus 05:27 Games Workshop's New Guidelines 15:35 Who is Affected and How 21:08 Fair Use? 24:18 Conclusion
Discussed in this episode:
"Games Workshop" Wikipedia Entry https://en.wikipedia.org/wiki/Games_Workshop
"Exclusive rights in copyrighted works" 17 USC Section 106 https://www.law.cornell.edu/uscode/text/17/106
"How copyright protects your work" UK Government Website https://www.gov.uk/copyright
"Now even Warhammer has a subscription service" PC Gamer - June 24, 2021 https://www.pcgamer.com/now-even-warhammer-has-a-subscription-service/
"Warhammer+ Is Unmissable – Here’s Everything You Need To Know" Warhammer Website - June 23, 2021 https://www.warhammer-community.com/2021/06/23/warhammer-is-unmissable-heres-everything-you-need-to-know/
"Games Workshop is trying to shut down fan animations" PC Gamer - July 2021 https://www.pcgamer.com/games-workshop-is-trying-to-shut-down-fan-animations/
"Intellectual Property Guidelines" Games Workshop Website https://www.games-workshop.com/en-WW/Intellectual-Property-Guidelines
"Games Workshop is going after Total War Modding Patreons as part of their crackdown" Reddit Post https://www.reddit.com/r/totalwar/comments/oxbdff/games_workshop_is_going_after_total_war_modding/
"Creating Mods for Total War: WARHAMMER" Total War Wiki Page https://wiki.totalwar.com/w/Content_Creators#Creating_Mods_for_Total_War:_WARHAMMER
"Limitations on exclusive rights: Fair use" 17 USC Section 107 https://www.law.cornell.edu/uscode/text/17/107
"Exceptions to copyright" UK Government Website https://www.gov.uk/guidance/exceptions-to-copyright
"The Fate of TTS" YouTube Video - July 29, 2021 - Bruva Alfabusa https://youtu.be/OXljeaktnDA
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
It's a common topic here in Virtual Legality, but an important one: What is Fair Use? How does it interact with the DMCA? And how does Twitch operate in such a grey area legally?
Now, popular Twitch streamer xQc has made public his fight with the Olympics and the International Olympic Committee (IOC) over such things. But why should streamers be concerned?
Bad facts make bad law, but perhaps not bad marketing...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/CLLWfhVUZ5g
CHANNEL SUPPORT
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
CHAPTERS 00:00 Introduction 01:47 xQC's Olympic Broadcast and the DMCA 05:48 DMCA Fundamentals 13:08 Fair Use Fundamentals 25:39 The IOC's Position 30:06 Largesse, Games, and Twitch 34:03 Legal Marketing 38:19 Playing Chicken with Livelihoods 41:45 Conclusion
Discussed in this episode:
"Twitch’s most popular streamer is taking on the Olympics, for better or worse" August 6, 2021 - Washington Post https://www.washingtonpost.com/video-games/2021/08/06/olympics-twitch-xqc/
"I THINK I GOT MY CHANNEL LIVE-DMCA'd." Tweet - July 28, 2021 - xQC https://twitter.com/xQc/status/1420453104172994562
"Limitations on liability relating to material online" 17 USC 512 (DMCA) https://www.law.cornell.edu/uscode/text/17/512
"Digital Millennium Copyright Act Notification Guidelines" Twitch - Updated July 19, 2021 https://www.twitch.tv/p/en/legal/dmca-guidelines/
"Exclusive rights in copyrighted works" 17 USC Section 106 https://www.law.cornell.edu/uscode/text/17/106
"Limitations on exclusive rights: Fair use" 17 USC Section 107 https://www.law.cornell.edu/uscode/text/17/107
"More Information on Fair Use" US Copyright Office Website https://www.copyright.gov/fair-use/more-info.html
"MINECRAFT END USER LICENSE AGREEMENT" https://www.minecraft.net/en-us/eula
"A top Twitch streamer says he was temporarily suspended after the Olympic Committee launched a copyright strike against him for broadcasting clips from the Tokyo Games" Insider - August 4, 2021 https://www.insider.com/xqc-twitch-streamer-olympic-commitee-copyright-strike-2021-8
"We see countless DMCAs come in for our clients" Twitter Thread - August 1, 2021 - Video Game Attorney https://twitter.com/Morrison/status/1421985544104337408
"They should be." Twitter Thread - August 8, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1424348574649888772
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
In the face of California's Department of Fair Employment and Housing (DFEH) lawsuit, Activision Blizzard is now seeing mutinies across investors, employees, journalists, and sponsors.
What did Week 2 bring and what might the future of all such stakeholder actions be?
It's Mutinies all around, but Call of Duty still brings in a Bounty...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/eILMMN4PmzU
CHANNEL SUPPORT
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
CHAPTERS 00:00 Introduction 01:28 HR Firings and Investor Calls 14:04 A Proto Union is Formed 28:37 Investor Class Actions 43:16 Unhappy Sponsors 45:17 Conclusion
Discussed in this episode:
"California vs Activision Blizzard: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ
"Blizzard President Departs as Game Maker Faces Labor Lawsuit" Bloomberg - August 3, 2021 https://www.bloomberg.com/news/articles/2021-08-03/blizzard-president-departs-as-game-maker-faces-labor-lawsuit
"Activision Blizzard (ATVI) Q2 2021 Earnings Call Transcript" Motley Fool - August 4, 2021 https://www.fool.com/earnings/call-transcripts/2021/08/04/activision-blizzard-atvi-q2-2021-earnings-call-tra/
"Activision Blizzard’s Latest Investor Call Was An Especially Ghoulish Affair" Kotaku - August 4, 2021 https://kotaku.com/activision-blizzard-s-latest-investor-call-was-an-espec-1847422536
"Activision Blizzard Employees Form Coalition, Reject CEO's Choice of Law Firm" IGN - August 3, 2021 https://www.ign.com/articles/activision-blizzard-employees-abk-coalition-reject-bobby-kotick-law-firm
"Activision Blizzard employees to protest leadership with walkout" Venture Beat/Games Beat - July 27, 2021 https://venturebeat.com/2021/07/27/activision-blizzard-employs-to-protest-leadership-with-walkout/
"Activision Blizzard Is Working With Law Firm That Specializes In "Union Avoidance" Amid Abuse Allegations" The Gamer - July 29, 2021 https://www.thegamer.com/activision-blizzard-unions-wilmerhale-lawsuit-sexism/
"Activision Blizzard Sued By Shareholder For "False And Misleading" Statements" August 3, 2021 https://www.gamespot.com/articles/activision-blizzard-sued-by-shareholder-for-false-and-misleading-statements/
"Cheng v Activision Blizzard" Filed August 3, 2021 https://www.bloomberglaw.com/public/desktop/document/ChengvActivisionBlizzardIncetalDocketNo221cv06240CDCalAug032021Co?1628012094
"CD Projekt Sued Over Alleged Cyberpunk Lies! Let's Read the Lawsuit! (VL379)" YouTube Video - December 28, 2020 - Hoeg Law https://youtu.be/_qXytLM4Gv8
"Employment of manipulative and deceptive devices." 17 CFR 240.10b-5 (Rule 10b-5) https://www.law.cornell.edu/cfr/text/17/240.10b-5
"Amid harassment lawsuit, Coca Cola, State Farm pull back from Blizzard’s Overwatch League" August 5, 2021 - Washington Post https://www.washingtonpost.com/video-games/2021/08/05/activision-blizzard-sponsors-overwatch/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Like administrations before it, the Biden Administration has elected to push to the very edge of its executive authority...and beyond.
With the CDC's new eviction moratorium, however, even the breadth and power of the executive branch may have stumbled a bit too far, as the White House itself admitted not days before action was taken.
It's not about policy, it's about principles...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/J_v4ZVF8DT4
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CHAPTERS 00:00 Introduction 01:40 Trump, Executive Orders, and the CDC 04:16 SCOTUS Speaks (also...the 6th Circuit) 11:15 Biden's Choice 17:50 No Way to Run a Railroad 22:34 The Importance of Law 27:00 Conclusion
Discussed in this episode:
"White House defends its decision not to extend the federal eviction moratorium" CNBC News - August 2, 2021 https://www.cnbc.com/2021/08/02/white-house-defends-its-decision-not-to-extend-the-eviction-moratorium.html
"Trump gives CDC broad authority to stop evictions during pandemic" NBC News - September 2, 2020 https://www.nbcnews.com/politics/white-house/trump-gives-cdc-authority-stop-evictions-during-pandemic-n1239038
"Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19" Original CDC Order https://s3.amazonaws.com/public-inspection.federalregister.gov/2020-19654.pdf
ALABAMA ASSOCIATION OF REALTORS. v. DEPARTMENT OF HEALTH AND HUMAN SERVICES" Denial of Vacation of Stay - June 29, 2021 https://www.supremecourt.gov/opinions/20pdf/20a169_4f15.pdf
"TIGER LILY, LLC v UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT" Sixth Circuit Decision - July 23, 2021 https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0166p-06.pdf
US Constitution Article II https://www.law.cornell.edu/constitution/articleii
"Joe Biden Speech Transcript: COVID-19 Vaccines, Says Cuomo Should Resign Following Harassment Report" Rev - August 3, 2021 https://www.rev.com/blog/transcripts/joe-biden-speech-transcript-covid-19-vaccines-says-cuomo-should-resign-following-harassment-report
"Biden’s novel evictions defense: Maybe it’s illegal, but it’s worth it" Washington Post - August 4, 2021 https://www.washingtonpost.com/politics/2021/08/04/bidens-novel-evictions-defense-maybe-its-illegal-its-worth-it/
"TEMPORARY HALT IN RESIDENTIAL EVICTIONS IN COMMUNITIES WITH SUBSTANTIAL OR HIGH LEVELS OF COMMUNITY TRANSMISSION OF COVID-19 TOPREVENT THE FURTHER SPREAD OF COVID-19" New CDC Order https://www.cdc.gov/coronavirus/2019-ncov/communication/Signed-CDC-Eviction-Order.pdf
"That’s a direct attack on the judicial branch..." Twitter Thread - August 3, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1422683700312035331
""...the bulk of the constitutional scholars say it’s not likely to pass constitutional muster.”" Twitter Thread - August 4, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1422951774730731526
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
In the face of California's Department of Fair Employment and Housing (DFEH) lawsuit, Activision Blizzard has been at times defiant, empathetic, political, and more. Now, with the departure of J. Allen Brack, Blizzard head, they appear to be softening their stance considerably.
What did they say? And what does it mean for the future of the company and this litigation?
Activision Blizzard may have taken "Get the JAB" a bit literally...in Virtual Legality.
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CHAPTERS 00:00 Introduction 03:02 Heads Roll - Investor Version 11:48 Heads Roll - Public Version 19:55 Conclusion
Discussed in this episode:
"California vs Activision Blizzard: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ
"Blizzard president J. Allen Brack sent out an email to staff last night..." Tweet - July 23, 2021 - Jason Schreier https://twitter.com/jasonschreier/status/1418512291218264065
DFEH (California) vs Activision Blizzard et al Filed July 20, 2021 https://aboutblaw.com/YJw
"A Letter From President and Chief Operating Officer Daniel Alegre Regarding Blizzard Entertainment" Business Wire - August 3, 2021 https://www.businesswire.com/news/home/20210803005609/en/A-Letter-From-President-and-Chief-Operating-Officer-Daniel-Alegre-Regarding-Blizzard-Entertainment
"Vicarious Visions merged into Blizzard" GamesIndustry Biz - January 22, 2021 https://www.gamesindustry.biz/articles/2021-01-22-vicarious-visions-merged-into-blizzard
"NEW LEADERSHIP AT BLIZZARD" Blizzard Blog - August 3, 2021 https://news.blizzard.com/en-us/blizzard/23706475/new-leadership-at-blizzard
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
The Marvel Cinematic Universe (MCU) has had a tough couple of years.
Now, after pandemic delays, "interesting" TV excursions, and a general lack of the star power we saw in the heights of 2019, Disney has found itself in yet another Marvel related controversy: Black Widow star Scarlett Johansson has sued the multi-national media giant for inducing a breach of contract, and...effectively, not playing fair.
What has the Black Widow herself claimed? And will she devour some of the profits of the studio she used to love, or will it devour her?
Heroes don't die on Vormir, they die in litigation...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/ws-rGPuGQv4
CHANNEL SUPPORT
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
CHAPTERS 00:00 Introduction 05:53 The Complaint 11:01 A "wide theatrical release"? 14:13 Good Faith and Fair Dealing 18:00 Email Promises and Merger Clauses 21:45 Deliberately Hurting its own Box Office? 26:50 Two Causes of Action (Breach) 29:51 Disney's Response 31:45 Conclusion
Discussed in this episode:
"Black Widow Sets July 2021 Release Date For Cinemas And Disney+" Empire - March 23, 2021 https://www.empireonline.com/movies/news/black-widow-july-release-date-cinemas-disney-plus/
"Box Office: ‘Black Widow’ Spins Record $80M U.S. Opening, Earns $60M on Disney+ Premier Access" The Hollywood Reporter - July 11, 2021 https://www.hollywoodreporter.com/movies/movie-news/black-widow-box-office-disney-milestone-opening-1234980531/
"Theater Owners Blast Disney for Making ‘Black Widow’ Available Immediately on Streaming" The Hollywood Reporter - July 18, 2021 https://www.hollywoodreporter.com/business/business-news/black-widow-theater-owners-blast-disney-1234984300/
"Scarlett Johansson is suing Disney over 'Black Widow' Disney+ release" CNN - July 29, 2021 https://www.cnn.com/2021/07/29/media/scarlett-johansson-disney-lawsuit/index.html
"They didn't amend an exclusivity provision? Really?" Twitter Thread - July 29, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1420808638697025541
Scarlett Johansson v The Walt Disney Company Filed July 29, 2021 https://deadline.com/wp-content/uploads/2021/07/Complaint_Black-Widow-1-WM.pdf
"Breach of Implied Covenant of Good Faith and Fair Dealing" California Jury Instructions https://www.justia.com/trials-litigation/docs/caci/300/325/
"Disney to Launch a Subscription Streaming Service in Europe, Hints that Marvel & Star Wars Services Could Follow In U.S." TechCrunch - October 21, 2015 https://techcrunch.com/2015/10/21/disney-to-launch-a-subscription-streaming-service-in-europe-hints-that-marvel-star-wars-services-could-follow-in-u-s/
"Netflix Movies: Producers Weigh Hidden Downsides" March 19, 2015 https://www.hollywoodreporter.com/tv/tv-news/netflix-movies-producers-weigh-hidden-782403/
Sample Merger Clause Law Insider https://www.lawinsider.com/clause/merger-clause
"Disney Strikes Back Over Scarlett Johansson’s ‘Black Widow’ Lawsuit, Reveals Her $20 Million Payday – Update" Deadline - July 29, 2021 https://deadline.com/2021/07/scarlett-johansson-walt-disney-co-black-widow-lawsuit-1234802440/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
California's Department of Fair Employment and Housing (DFEH) lawsuit against Activision Blizzard continues to cause reputational damage to the global game publisher.
With pictures now coming out of the alleged Cosby Suite and close ties to the "auditor" of their policies and procedures identified, it really is the case that the devil is in the details.
Those "Crosby" stills might just make your teeth gnash...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/NeSLNeYFzLw
CHANNEL SUPPORT
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
CHAPTERS 00:00 Introduction and Disclaimers 01:33 24 Hours of Trouble 2:53 The Cosby Suite 14:23 The Cosby Timeline - Plausible Deniability 22:05 Cosby Suite Responses 27:47 Hiring Your Own Lawyers to Audit You 31:53 Conclusion
Discussed in this episode:
"California vs Activision Blizzard: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ
"Activision Blizzard employees protest sexist 'frat boy' workplace culture via walkout" GameDaily Biz - July 28, 2021 https://gamedaily.biz/article/2121/activision-blizzard-employees-protest-sexist-frat-boy-workplace-culture-at-company-walkout
DFEH (California) vs Activision Blizzard et al Filed July 20, 2021 https://aboutblaw.com/YJw
"Inside Blizzard Developers’ Infamous Bill ‘Cosby Suite’" Kotaku - July 28, 2021 https://kotaku.com/inside-blizzard-developers-infamous-bill-cosby-suite-1847378762
"Yeah. There’s no way in hell Activision wants discovery." Tweet - July 28, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1420459656561012739
"Bill Cosby: Timeline of his fall from 'America's Dad' to his release from prison" ABC News Website - Updated June 30, 2021 https://abcnews.go.com/Entertainment/bill-cosby-trial-complete-timeline-happened-2004/story?id=47799458
"Bill Cosby sexual assault cases" Wikipedia Entry https://en.wikipedia.org/wiki/Bill_Cosby_sexual_assault_cases
"Why Are Old Assault Claims Against Bill Cosby Back?" NBC News Website - Updated November 17, 2014 https://www.nbcnews.com/pop-culture/celebrity/why-are-old-assault-claims-against-bill-cosby-back-n250161
"I just shared this message..." Tweet - Jul 28, 2021 - Greg Street https://twitter.com/Ghostcrawler/status/1420505317314420736
"Blizzcon 2013: The Cosby Suite" Medium Post - July 28, 2021 - Joshua Mosqueira https://medium.com/@jmosq/blizzcon-2013-the-cosby-suite-76e27cff6e4e
"A Letter From CEO Bobby Kotick to All Employees" July 27, 2021 https://investor.activision.com/node/34326/pdf
"Law firm reviewing Activision Blizzard policies connected to Executive VP" UpComer - July 27, 2021 https://www.upcomer.com/activision-blizzard-ceo-bobby-kotick-outlines-generic-plan-to-fix-broken-company-culture/
SEC Letter January 19, 2021 - WilmerHale on behalf of Activision Blizzard https://www.sec.gov/divisions/corpfin/cf-noaction/14a-8/2021/aflciouawactivision011921-14a8-incoming.pdf
"WoW Team Issues Statement, Vows To Remove "Not Appropriate" References From The Game" GameSpot - July 27, 2021 https://www.gamespot.com/articles/wow-team-issues-statement-vows-to-remove-not-appropriate-references-from-the-game/1100-6494490/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard's employees have had it with the company's messaging and leadership in the wake of California's Department of Fair Employment and Housing (DFEH) lawsuit. Now the group has organized a walk-out from the company and published a list of demands/requests.
Can a statement from the 200 million dollar man himself, CEO Bobby Kotick, even begin to make things right? Investors and employees may have a different opinion on that score.
It's walks, strikes, and balls today...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/3uTg-RbY_q8
CHANNEL SUPPORT
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
CHAPTERS 00:00 Introduction 02:00 Road to a Walkout 06:04 The Walkout Demands 18:28 Bobby Kotick Responds 34:13 Conclusion
Discussed in this episode:
"California vs Activision Blizzard: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ
DFEH (California) vs Activision Blizzard et al Filed July 20, 2021 https://aboutblaw.com/YJw
"Activision Blizzard executive Fran Townsend..." Tweet - July 23, 2021 - Jason Schreier https://twitter.com/jasonschreier/status/1418619091515068421
"Activision Blizzard employees sign petition denouncing company's 'abhorrent' response to lawsuit" CNN - July 26, 2021 https://www.cnn.com/2021/07/26/tech/activision-blizzard-employee-petition-lawsuit/index.html
"Activision Blizzard Employees to Stage Walkout In Protest at Leadership" IGN - July 27, 2021 https://www.ign.com/articles/activision-blizzard-walkout
"Blizzard told employees..." Tweet - July 27, 2021 - Jason Schreier https://twitter.com/jasonschreier/status/1420148025448611847
"A Letter From CEO Bobby Kotick to All Employees" July 27, 2021 https://investor.activision.com/node/34326/pdf
"WoW Team Issues Statement, Vows To Remove "Not Appropriate" References From The Game" GameSpot - July 27, 2021 https://www.gamespot.com/articles/wow-team-issues-statement-vows-to-remove-not-appropriate-references-from-the-game/1100-6494490/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision Blizzard's struggle to manage its messaging around California's Department of Fair Housing and Employment lawsuit has manifested in significant (and not entirely unexpected) ways.
What are employees saying? Why have reports hit the mass media? And why might the market react now (when it didn't last week)?
The Market has a lot to talk about...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/al46JFNZoMc
CHANNEL SUPPORT
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
CHAPTERS 00:00 Introduction (The Fran Email) 03:18 Losing Employees 05:22 The Open Letter 15:05 Losing the Market 19:19 Conclusion
Discussed in this episode:
"Activision's Messaging STRUGGLE (California vs Activision Blizzard) (VL514)" YouTube Video - July 26, 2021 - Hoeg Law https://youtu.be/GMHRl5pd-Y4
"Activision Blizzard executive Fran Townsend..." Tweet - July 23, 2021 - Jason Schreier https://twitter.com/jasonschreier/status/1418619091515068421
"Activision Blizzard employees denounce corporate statements: 'We are here, angry, and not so easily silenced'" PC Gamer - July 23, 2021 https://www.pcgamer.com/activision-blizzard-employees-denounce-corporate-statements-we-are-here-angry-and-not-so-easily-silenced/
"I don’t know what to do." Twitter Thread - July 24, 2021 - Jeff Hamilton https://twitter.com/JeffAHamilton/status/1419115702569472003
"Activision Blizzard Employees Say They Don't Trust the Company to Keep Them Safe" Vice - July 26, 2021 https://www.vice.com/en/article/akgy9g/activision-blizzard-employees-say-they-dont-trust-the-company-to-keep-them-safe
"Activision Blizzard employees sign petition denouncing company's 'abhorrent' response to lawsuit" CNN - July 26, 2021 https://www.cnn.com/2021/07/26/tech/activision-blizzard-employee-petition-lawsuit/index.html
"Activision Blizzard Employees Sign Open Letter Criticizing Company's Official Response to Lawsuit" IGN - July 26, 2021 https://www.ign.com/articles/activision-blizzard-open-letter-discrimination-lawsuit
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
California's Department of Fair Housing and Employment has sued Activision Blizzard for willful, malicious, and intentional propagation of discrimination and harassment at the global video game publisher.
As the company seeks to react to the news and control the messaging around it...they elect to take a number of different approaches.
Do they feel your pain? Is everything fine? Are they the victims of a witch hunt? And even if any or all of those things were true, is their messaging convincing to their own people?
Activision had a lot to talk about...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/GMHRl5pd-Y4
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CHAPTERS 00:00 Introduction 02:11 Activision's Initial Response (People's Republic of California) 09:24 Presidential Responses (I Feel Your Pain) 18:51 Activision Doubles Down (This is Fine) 30:51 Losing Your Employees 33:33 "Shocked" Ex Leaders 38:33 Conclusion
Discussed in this episode:
"California vs Activision Blizzard: A Legal Look at the Lawsuit (VL513)" YouTube Video - July 22, 2021 - Hoeg Law https://youtu.be/GMHRl5pd-Y4
DFEH (California) vs Activision Blizzard et al Filed July 20, 2021 https://aboutblaw.com/YJw
"Activision Blizzard Sued by California Over Allegations of 'Frat Boy Culture' And Sexual Harassment" IGN - July 21, 2021 https://www.ign.com/articles/activision-blizzard-sued-by-california
"Activision Blizzard executives can't decide whether allegations of abuse are 'disturbing' or 'meritless'" PC Gamer - July 23, 2021 https://www.pcgamer.com/activision-blizzard-executives-cant-decide-whether-allegations-of-abuse-are-disturbing-or-meritless/
"Blizzard president J. Allen Brack sent out an email to staff last night..." Tweet - July 23, 2021 - Jason Schreier https://twitter.com/jasonschreier/status/1418512291218264065
"Activision president Rob Kostich emailed employees yesterday..." Tweet - July 23, 2021 - Nicole Carpenter https://twitter.com/sweetpotatoes/status/1418574814101614594
"Activision Blizzard executive Fran Townsend..." Tweet - July 23, 2021 - Jason Schreier https://twitter.com/jasonschreier/status/1418619091515068421
"Activision Blizzard employees denounce corporate statements: 'We are here, angry, and not so easily silenced'" PC Gamer - July 23, 2021 https://www.pcgamer.com/activision-blizzard-employees-denounce-corporate-statements-we-are-here-angry-and-not-so-easily-silenced/
"Bungie is built on empowering our people no matter who they are..." Twitter Thread - July 22, 2021 - Bungie https://twitter.com/Bungie/status/1418317048380149762
"My Thoughts" Mike Morhaime - July 24, 2021 https://www.twitlonger.com/show/n_1srp1ie
"This is later than it should have been..." Tweet - July 24, 2021 - Chris Metzen https://twitter.com/ChrisMetzen/status/1419076394546470913
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
"...the violations pled herein include claims for sex discrimination in terms and conditions of employment (including compensation, assignment, promotion, constructive discharge, termination); unlawful sexual harassment; retaliation; failure to prevent...and unequal pay."
One of the world's biggest gaming publishers, Activision Blizzard, has been formally accused of maliciously and deliberately discriminating against women in virtually all aspects of their employment by the State of California.
In addition, the State has accused Activision personnel of sexual harassment, and of the Company's own knowledge and willful intent to permit such harassment.
We have a lot to talk about...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/NyerVVc2e98
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CHAPTERS 00:00 Introduction 03:17 How a DFEH (CA) Complaint Works 06:10 Setting the Groundwork (CA's Introduction) 11:18 Equal Pay: CA's Main Complaint (and Mistake) 16:45 "Cube Crawls" and Harassments 22:40 The CA Laws At Issue (Jury Instructions) 28:01 Prior Complaints and Mediations (Date Issues) 33:38 The Alleged Causes of Action 47:10 CA's Examples (Discrimination) 1:02:00 CA's Examples (Harassment) 1:10:37 Activision's Response 1:16:53 Conclusion
Discussed in this episode:
"Activision Blizzard Sued by California Over Allegations of 'Frat Boy Culture' And Sexual Harassment" IGN - July 21, 2021 https://www.ign.com/articles/activision-blizzard-sued-by-california
"Sure, since folks have asked..." Twitter Thread - July 21, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1418023515673014278
"California officials say a $10 million gender discrimination settlement by the 'League of Legends' creators isn't enough and calculated the game studio may owe $400 million" Business Insider - January 21, 2021 https://www.businessinsider.com/california-officials-say-riot-games-could-owe-400-million-settlement-2020-1
DFEH (California) vs Activision Blizzard et al Filed July 20, 2021 https://aboutblaw.com/YJw
California Codes "GOV 12963.7": https://codes.findlaw.com/ca/government-code/gov-sect-12963-7.html "GOV 12965": https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=12965 "GOV 12940": https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=12940.&lawCode=GOV
JCC Jury Instructions "Disparate Treatment": https://www.justia.com/trials-litigation/docs/caci/2500/2500/ "Violation of Equal Pay Act": https://www.justia.com/trials-litigation/docs/caci/2700/2740/ "Work Environment Harassment": https://www.justia.com/trials-litigation/docs/caci/2500/2521a/ “Harassing Conduct Explained": https://www.justia.com/trials-litigation/docs/caci/2500/2523/ "Retaliation": https://www.justia.com/trials-litigation/docs/caci/2500/2505/ "Failure to Prevent Harassment, Discrimination, or Retaliation": https://www.justia.com/trials-litigation/docs/caci/2500/2527/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
When we last checked in on Big Technology, former President Trump was attempting to establish (via lawsuit) that Facebook was an arm of the US government due to the "coercive" measures taken by Congress...through congressional testimony and "mean tweets".
Since then, the Biden Administration has seemingly done all it can to help solidify Trump's argument. What have they done and why? Let's dive in.
It's hard to imagine a group doing more to help Trump's case...in Virtual Legality.
CHECK OUT THE VIDEO AND LINKS AT: https://youtu.be/viZIsTk_uIg
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CHAPTERS 00:00 Introduction 01:17 Previously on... Trump v Facebook 7:50 Press Secretary Psaki's Press Conferences 14:40 Misinformation: An "approved" Case Study 19:12 Killing People and Abiding "Recommendations" 22:55 Accountability in Action: Setting the Record...Straight? 30:00 Conclusion
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Bloomberg's reporting on Nintendo has been spotty at best and the video game giant has had enough. What did they say and why?
Nintendo's exploring different definitions of switch...in Virtual Legality.
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Discussed in this episode:
"Ninten-DOH! New Switch Pro...is Anything But (VL504)" YouTube Video - July 6, 2021 - Hoeg Law https://youtu.be/rFiszVyV4Bw
"Nintendo Switch’s Big Price Hike Takes Gamers Into New Territory" Bloomberg - July 15, 2021 https://www.bloomberg.com/news/articles/2021-07-14/nintendo-switch-s-big-price-hike-takes-gamers-into-new-territory
"Nintendo to Use Faster Nvidia Chips in New 2021 Switch Model" Bloomberg - March 23, 2021 https://www.bloomberg.com/news/articles/2021-03-23/nintendo-to-use-new-nvidia-graphics-chip-in-2021-switch-upgrade
"A news report on July 15, 2021..." Twitter Thread - July 19, 2021 - NintendoCoLtd https://twitter.com/NintendoCoLtd/status/1416986986464776196
"Gross, Operating, and Net Profit Margin: What's the Difference?" Investopedia Webpage - Updated May 28, 2021 https://www.investopedia.com/ask/answers/102714/whats-difference-between-profit-margin-and-operating-margin.asp
Nintendo Investor Q&A February 1, 2021 https://www.nintendo.co.jp/ir/pdf/2021/210202e.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
On Nintendo Switch OLED Pre-Order Day, Valve had a bit of a surprise to announce.
Is the Steam Deck the real Switch Pro? Should Nintendo be concerned?
In technology and games, it's always next on deck...in Virtual Legality.
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Discussed in this episode:
"Nintendo Switch OLED model pre-orders go live today" Polygon - July 15, 2021 https://www.polygon.com/22578419/nintendo-switch-oled-new-model-pre-orders-how-to-buy
"Ninten-DOH! New Switch Pro...is Anything But (VL504)" YouTube Video - July 6, 2021 - Hoeg Law https://youtu.be/rFiszVyV4Bw
"Valve Announces the Steam Deck, a $400 Handheld Gaming PC" IGN - July 15, 2021 https://www.ign.com/articles/steam-deck-valve-announces-handheld-gaming-pc-2021-release
Steam Deck Marketing Webpage https://www.steamdeck.com/en/
"Steam Deck: The First Hands-On With Valve’s Handheld Gaming PC" IGN - July 15, 2021 https://www.ign.com/articles/steam-deck-hands-on-impressions-details-valve-handheld-gaming-pc
"Steam Deck FAQ: Valve Answers the Biggest Questions" IGN - July 15, 2021 https://www.ign.com/articles/steam-deck-valve-faq-big-questions-answered
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Netflix has apparently thrown its hat into the proverbial video game ring, with the hiring of industry veteran MIke Verdu. What does it all mean?
We'd love to play Mission Critical again...in Virtual Legality.
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Discussed in this episode:
"Netflix Plans to Offer Video Games in Push Beyond Films, TV" Bloomberg - July 14, 2021 https://www.bloomberg.com/news/articles/2021-07-14/netflix-plans-to-offer-video-games-in-expansion-beyond-films-tv
"Mike Verdu" https://zims-en.kiwix.campusafrica.gos.orange.com/wikipedia_en_all_nopic/A/Mike_Verdu
"Mission Critical (video game)" Wikipedia Entry https://en.wikipedia.org/wiki/Mission_Critical_(video_game)
"Legend Entertainment" Wikipedia Entry https://en.wikipedia.org/wiki/Legend_Entertainment
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
SPOILER ALERT: HERE THERE BE SPOILERS
Welcome to the latest Hoeg Law Postmortem as we take a look at one of 2021's most popular television shows: LOKI.
Is there some "Glorious Purpose" to this latest sojourn into the MCU, or is that purpose a bit more...commercial?
(Also, check out the live taping of this episode, with viewer questions and comments and a bit more opening discussion at: https://youtu.be/zNwohoszIVM)
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Sony and Microsoft's joint mission to talk exclusively to British outlets continues, as Xbox head Phil Spencer and Xbox Studios head Matt Booty talk to the Guardian about the future of Microsoft's gaming platform.
But while the article itself is written to support the proposition that Xbox is interested in more than just Games as a Service (GaaS), the article is not quite as convincing as it might initially seem.
Xbox: supporting narrative or maybe just this narrative...in Virtual Legality.
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Discussed in this episode:
"Phil Spencer on the future of Xbox: we still want to take risks with games" The Guardian - July 13, 2021 https://www.theguardian.com/games/2021/jul/13/phil-spencer-future-of-microsoft-xbox-risks-narrative-games
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Takuya Kimura is a famous person. Takuya Kimura is also the star of a video game series called Judgment (or Judge Eyes), made exclusively for consoles.
As it turns out, that exclusivity might end the series after only two entries, so why might his talent agency be prohibiting putting the game series on Steam?
The line between protection and overprotection is slim...in Virtual Legality.
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Discussed in this episode:
"Lost Judgment may be the last in the series due to actor image rights, it’s claimed" VGC - July 12, 2021 https://www.videogameschronicle.com/news/lost-judgment-may-be-the-last-in-the-series-due-to-actor-image-rights-its-claimed/
"Takuya Kimura is "Wait a minute" !? The serious situation of the "final work" in the September sequel to the starring game "JUDGE EYES"" (Translated) Nikkan Taishu - July 12, 2021 https://www.videogameschronicle.com/news/lost-judgment-may-be-the-last-in-the-series-due-to-actor-image-rights-its-claimed/
"Ellen Page explored legal action against Sony after nude video-game images leaked online" Business Insider - April 20, 2015 https://www.businessinsider.com/ellen-page-explored-legal-action-against-sony-over-nude-video-game-images-2015-4
"Joker textures mod for Death Stranding" Nexus Mods Webpage https://www.nexusmods.com/deathstranding/mods/3
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
"Congress shall make no law...abridging the freedom of speech, or of the press..." -US Constitution, First Amendment
Former President Trump has filed a lawsuit against technology giants Twitter and Facebook for violating the US Constitution's First Amendment. The issue however, is that neither Facebook nor Twitter is Congress (or more specifically any arm of the state) by normal measures, so Mr. Trump's legal team has had to get...creative.
Is congressional testimony "coercive"? Are shared e-mails "joint activity"? And what about those recent Supreme Court and Court of Appeals cases that speak pretty strongly against the whole premise?
Let's dive in.
If it's state action to do something under the cloud of possible future legislation, then we are all state actors...in Virtual Legality.
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CHAPTERS 0:00 Introduction 2:02 Venue Issues 4:56 Facebook As State Actor 6:36 Lugar and the State Actor Requirement 8:20 Manhattan Community Access Corporation and Public Forums 12:37 Lugar and Joint Action 13:28 Blum, Regulation, and Coercion 16:05 Prager v YouTube 17:42 CDA 230's Liability Shield 19:20 Trump's Theory of the Case 24:05 Did Congress Coerce Facebook? 28:54 Did Congress Encourage Facebook? 35:42 Did Health Experts Act Jointly with Facebook? 41:20 The Counts 49:25 Requested Relief (Conclusion)
Discussed in this episode:
Trump v Facebook Filed July 7, 2021 (S.D. FL) https://aboutblaw.com/Yur?utm_source=twitter&campaign=2CEA049A-DF37-11EB-81DA-26B84F017A06&utm_medium=lawdesk
Facebook "Terms of Service" Updated October 22, 2020 https://www.facebook.com/terms.php
First Amendment, US Constitution https://www.law.cornell.edu/constitution/first_amendment
Lugar v. Edmondson Oil Co., Inc. 457 U.S. 922 (1982) https://supreme.justia.com/cases/federal/us/457/922/
Manhattan Community Access Corporation v. Halleck US Supreme Court (2019) https://www.supremecourt.gov/opinions/18pdf/17-1702_h315.pdf
Blum v. Yaretsky 457 U.S. 991 (1982) https://supreme.justia.com/cases/federal/us/457/991/#1003
Prager University vs Google LLC Ninth Circuit Court of Appeals - February 26, 2020 https://cdn.arstechnica.net/wp-content/uploads/2020/02/youtube-1st-amendment-ruling.pdf
"Case decision 2021-001-FB-FBR" Facebook Oversight Board https://oversightboard.com/decision/FB-691QAMHJ/
"Protection for private blocking and screening of offensive material" 47 USC 230 (CDA 230) https://www.law.cornell.edu/uscode/text/47/230
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Assassin's Creed is a massively popular action adventure game. No wait, is it an RPG? Or is it now a live services multiplayer extravaganza similar to Fortnite or Grand Theft Auto Online?
The truth is in the details, but those details are not forthcoming...no matter what you might currently be hearing about Ubisoft's latest, "Assassin's Creed Infinity".
So Ubisoft has formed a kind of Syndicate to pursue revenue Valhalla? Sounds like quite an Odyssey...in Virtual Legality.
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Discussed in this episode:
"Bloomberg: Ubisoft is working on Assassin's Creed Infinity..." Tweet - July 7, 2021 - Nibel https://twitter.com/Nibellion/status/1412735766522904579
"Well that’s pretty much the opposite of what I want..." Tweet - July 7, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1412748056487923717
"Ubisoft Plans Assassin’s Creed Live Online Game Service" Bloomberg - July 7, 2021 https://www.bloomberg.com/news/articles/2021-07-07/assassin-s-creed-infinity-to-offer-live-online-game-service
"An Update on Assassin’s Creed Infinity and the Future of the Assassin’s Creed Franchise" Ubisoft Blog Post - July 7, 2021 https://news.ubisoft.com/en-us/article/GZi5hT4dBeM8YITOsJeCn/an-update-on-assassins-creed-infinity-and-the-future-of-the-assassins-creed-franchise
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Nintendo has always marched to the beat of its own drum, and today, the long-awaited announcement of the Switch "Pro" is no different.
We're definitely still looking forward to a Nintendo system that can run the company's own exclusives...in Virtual Legality.
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Discussed in this episode:
"Nintendo Plans Switch Model With Bigger Samsung OLED Display" Bloomberg - March 4, 2021 https://www.bloomberg.com/news/articles/2021-03-04/nintendo-plans-switch-model-with-bigger-samsung-oled-display
"Nintendo to Use Faster Nvidia Chips in New 2021 Switch Model" Bloomberg - March 23, 2021 https://www.bloomberg.com/news/articles/2021-03-23/nintendo-to-use-new-nvidia-graphics-chip-in-2021-switch-upgrade
"Nintendo Plans Upgraded Switch Replacement as Soon as September" Bloomberg - May 26, 2021 https://www.bloomberg.com/news/articles/2021-05-27/nintendo-plans-upgraded-switch-replacement-as-soon-as-september
"Nintendo president Doug Bowser: Switch is ‘redefining what a console life cycle can look like’" Washington Post - June 18, 2021 https://www.washingtonpost.com/video-games/2021/06/18/nintendo-doug-bowser-switch-interview/
"Nintendo Switch Pro is officially announced as ‘OLED model’" VGC - July 6, 2021 https://www.videogameschronicle.com/news/nintendo-switch-pro-is-officially-announced-as-oled-model/
"Technical Specs" Nintendo Webpage https://www.nintendo.com/switch/tech-specs/
"Nintendo confirms Switch OLED has ‘no major internal changes’" VGC - July 6, 2021 https://www.videogameschronicle.com/news/nintendo-confirms-switch-oled-has-no-major-internal-changes/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Virtual Legality has become (a bit) known for our deep dives into terms of service, data policies, and the like, so it was no surprise when a number of folks reached out to ask about a privacy policy change covering open source audio capture application "Audacity".
What came as a bit more of a surprise was just how right (at least some of) those complaints turned out to be.
Oh the audacity, today...in Virtual Legality.
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Discussed in this episode:
"Audacity users are seriously angry right now - here’s why" Tech Radar - July 5, 2021 https://www.techradar.com/news/audacity-fans-are-absolutely-furious-right-now-heres-why
"Paging [Hoeg Law]..." Tweet - July 5, 2021 - Parallax Abstraction https://twitter.com/PXAbstraction/status/1411846465237000194
"PSA: If you use Audacity..." Twitter Thread - July 4, 2021 - Elle https://twitter.com/KrashHash/status/1411725491581587457
"Privacy Notice" Audacity Webpage - Updated July 2, 2021 https://www.audacityteam.org/about/desktop-privacy-notice/
Facebook Data Policy Updated January 11, 2001 https://www.facebook.com/policy.php
Facebook Terms of Service Updated October 22, 2020 https://www.facebook.com/terms.php
Audacity License https://www.audacityteam.org/about/license/
"GNU General Public License, version 2" http://www.gnu.org/licenses/old-licenses/gpl-2.0.html
"GNU GENERAL PUBLIC LICENSE, version 3" http://www.gnu.org/licenses/gpl-3.0.en.html
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
As Microsoft and Xbox seemingly edge ever closer to a deal with one of gaming's real auteur creators, Hideo Kojima, one question has jumped to the fore.
Just what exactly is a Letter of Intent (LOI)?
Getting engaged is definitely not getting married, but you are certainly starting to plan the wedding...in Virtual Legality.
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Discussed in this episode:
"From Grubb's show: Microsoft and Hideo Kojima have signed a letter of intent..." Tweet - July 1, 2021 - Nibel https://twitter.com/Nibellion/status/1410648188843970562
"Hideo Kojima’s deal with Xbox reaches key milestone" VentureBeat/GamesBeat - July 1, 2021 https://venturebeat.com/2021/07/01/hideo-kojimas-deal-with-xbox-reaches-key-milestone/
"I'm not begrudging Mr. [Jeff Grubb] any of his sources..." Twitter Thread - July 1, 2021 - Hoeg Law and Jeff Grub https://twitter.com/JeffGrubb/status/1410677660003356672
"Xbox and Kojima reportedly in talks for publishing deal" Eurogamer - July 2, 2021 https://www.eurogamer.net/articles/2021-07-02-xbox-and-hideo-kojima-reportedly-in-talks-for-publishing-deal
"Letter of Intent Template – Example" Corporate Finance Institute Webpage https://corporatefinanceinstitute.com/resources/templates/word-templates-transactions/letter-of-intent-loi-template/
"A Lawyer Reads...A Game Publishing Agreement" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy_VayRrIvRSP64k6oOv9jLi
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Sony continues to make waves by purchasing companies, but what can we take from the nature of the companies Sony has elected to purchase? Are the differences in philosophy between PlayStation and Xbox beginning to manifest in the acquisition market?
And if technical quality really is at the heart of the Sony approach, why might it's pricing mechanisms (for things like the recently announced Ghost of Tsushima Director's Cut) rub some folks the wrong way?
Looking forward to the Director's Cut of Returnal 2 being remade by Bluepoint and ported to PC by NIxxes before being sold for $100...in Virtual Legality.
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Discussed in this episode:
"NIXXES JOINS PLAYSTATION STUDIOS" Press Release - July 1, 2021 https://www.nixxes.com/nixxes-joins-playstation-studios/
"Nixxes software" Wikipedia (Translated) https://de.wikipedia.org/wiki/Nixxes_Software
"Episode 500! Sony Buys Housemarque (and many, many thanks are given) (VL500)" YouTube Video - June 29, 2021 - Hoeg Law https://youtu.be/f9PyuCTZv8E
"Why PlayStation bought Returnal developer Housemarque: the inside story" British GQ - June 29, 2021 https://www.gq-magazine.co.uk/culture/article/housemarque-sony-playstation-acquisition
"..so apparently PlayStation Japan uploaded the wrong image..." Tweet - June 29, 2021 - Nibel https://twitter.com/Nibellion/status/1409822833631502338
"Ghost of Tsushima Director’s Cut arrives on PS5 and PS4 consoles on August 20" PlayStation Blog - July 1, 2021 https://blog.playstation.com/2021/07/01/ghost-of-tsushima-directors-cut-arrives-on-ps5-and-ps4-consoles-on-august-20/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
It's episode 500 of Virtual Legality! Can you believe it? What better way to celebrate a milestone than by celebrating all the folks that helped bring it about?
And if we can talk a bit about a major acquisition of the developers behind one of my favorite games of the year? All the better.
"I would roll 500 shows, and I would roll 500 more"...in Virtual Legality.
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CHAPTERS 00:00 Introduction 1:00 Episode 500 16:54 Sony Buys Housemarque 39:07 Conclusion
Discussed in this episode:
THANKS https://easyallies.com/ https://twitter.com/TrailerJones https://twitter.com/KyleBosman https://mgoblog.com/ https://twitter.com/MichaelSpathITH https://twitter.com/Futterish https://www.youtube.com/channel/UCpa-Zb0ZcQjTCPP1Dx_1M8Q (Legal Eagle) https://www.youtube.com/channel/UCGmglDvqKzQmiCoyN61YGjw (Uncivil Law) https://twitter.com/leonardjfrench https://www.youtube.com/channel/UCYiUhEbYWiuwRuWXzKZMBxQ (Iron Lords) https://twitter.com/LordCognito https://twitter.com/notaxation (...and many more)
"Developers of classic PlayStation hits including Returnal, Super Stardust HD, and Dead Nation join PlayStation Studios" PlayStation Blog - June 29, 2021 https://blog.playstation.com/2021/06/29/welcoming-housemarque-to-the-playstation-studios-family/#sf247184081
"Why PlayStation bought Returnal developer Housemarque: the inside story" British GQ - June 29, 2021 https://www.gq-magazine.co.uk/culture/article/housemarque-sony-playstation-acquisition
"..so apparently PlayStation Japan uploaded the wrong image..." Tweet - June 29, 2021 - Nibel https://twitter.com/Nibellion/status/1409822833631502338
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Chris Avellone, writer of game series entries like Fallout, Star Wars, and Dying Light 2, has brought a defamation action in California for libel on its face (per se), in response to accusations made against him.
But bringing a defamation claim is fraught with risks, from being forced to pay your opponent's attorney's fees to potentially winding up with an official document expressing its belief in the veracity of the statements made against you, and that risk is made even more tangible if the plaintiff is remotely famous.
This suit is no different. So let's dive in.
For the record, I'm only a public figure...in Virtual Legality.
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CHAPTERS 00:00 Introduction 02:34 Avellone Tells His Side 08:12 The Lawsuit - What is Libel? 11:17 The First Amendment and Public Figures 16:28 CA Elements of Libel (Jury Instructions) 22:43 The Libel Counts (Opinions and Facts) 39:25 CA and SLAPPs 42:54 Conclusion
Discussed in this episode:
"Ending Silence:" Tweet - June 26, 2021 - Chris Avellone https://twitter.com/ChrisAvellone/status/1408703025422733315
"It’s Come To This" Blog Post - June 26, 2021 - Chris Avellone https://chrisavellone.medium.com/its-come-to-this-chris-avellone-2fe5db836746
Avellone v Barrows Filed June 16, 2021 (CA Courts) https://d106vg71wiygj.cloudfront.net/eFileAPIFiling/JTI/2021/06/16/4392539_2021_06_16_22_21_04_942_6/Complaint_async.pdf
California Civil Code - Div 1, Part 2 https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=1.∂=2.&lawCode=CIV
US Constitution First Amendment https://www.law.cornell.edu/constitution/first_amendment
Copp v. Paxton (1996) CA Courts https://law.justia.com/cases/california/court-of-appeal/4th/45/829.html
"California Defamation Law" Digital Media Law Project Webpage http://www.dmlp.org/legal-guide/california-defamation-law
"Proving Fault: Actual Malice and Negligence" Digital Media Law Project Webpage http://www.dmlp.org/legal-guide/proving-fault-actual-malice-and-negligence#publicFigure
"CACI No. 1704. Defamation per se - Essential Factual Elements (Private Figure - Matter of Private Concern)" Justia Webpage https://www.justia.com/trials-litigation/docs/caci/1700/1704/
"CACI No. 1700. Defamation per se - Essential Factual Elements (Public Officer/Figure and Limited Public Figure)" Justia Webpage https://www.justia.com/trials-litigation/docs/caci/1700/1700/
"CACI No. 1707. Fact Versus Opinion" Justia Webpage https://www.justia.com/trials-litigation/docs/caci/1700/1707/
[CA Anti-SLAPP Statute] California Code, Code of Civil Procedure - CCP 425.16 https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-425-16.html
"Anti-SLAPP Law in California" Digital Media Law Project Webpage https://www.dmlp.org/legal-guide/anti-slapp-law-california
[CA SLAPPback Lawsuit Provision] California Code, Code of Civil Procedure - CCP 425.18 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=425.18.
"Johnny Depp loses libel case over Sun 'wife beater' claim" BBC Website - November 2, 2020 https://www.bbc.com/news/uk-54779430
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
A unanimous Supreme Court recently took the NCAA to task for illegally restraining the rights of college athletes. But what's that got to do with Epic and Apple? Let's dive in.
College sports and antitrust technology lawsuits - the perfect recipe...in Virtual Legality.
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Discussed in this episode:
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Apple's lawyers in its case against Epic just submitted a copy of this week's NCAA v Alston Supreme Court decision..." Tweet - June 25, 2021 - Stephen Totilo https://twitter.com/stephentotilo/status/1408507296330756101
"Understanding Alston: The Slow-Motion Suicide of the NCAA (VL493)" YouTube Video - June 21, 2021 - Hoeg Law https://youtu.be/AAdEPI0Yjxc
Alston vs The NCAA Decided June 21, 2021 https://www.supremecourt.gov/opinions/20pdf/20-512_gfbh.pdf
"Trusts, etc., in restraint of trade illegal; penalty" 15 USC 1 (Sherman Act Section 1) https://www.law.cornell.edu/uscode/text/15/1
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
For the past few weeks gamers have been having fun with the theory that small time indie developer Blue Box Game Studios is secretly Hideo Kojima covering for the creation of a brand new entry in the Silent Hill universe, a theory that Blue Box itself has been all to willing to encourage.
But as announcements and delays get more and more...trollish, what can we take from how manufacturers have protected their reputation in the very recent past?
For all we know "Abandoned" is just a name given to a performative art piece...in Virtual Legality.
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Discussed in this episode:
"Hideo Kojima Conspiracy Theory Ends With Tears" Kotaku - June 21, 2021 https://kotaku.com/hideo-kojima-conspiracy-theory-ends-with-tears-1847141712
"Abandoned, a cinematic survival sim, hits PS5 later this year" PlayStation Blog - April 7, 2021 https://blog.playstation.com/2021/04/07/abandoned-a-cinematic-survival-sim-hits-ps5-later-this-year/
"Securing the Village: On Sony and Capcom's Purported RE VIII Agreement (VL450)" YouTube Video - April 21, 2021 - Hoeg Law https://youtu.be/q1Tgb-dY0Gc
"Experience all trailers and gameplay reveals with images rendered realtime ..." Tweet - May 31, 2021 - BLUE BOX Game Studios https://twitter.com/BBGameStudios/status/1399221847632355337
"The Abandoned:Trailers app got delayed for three days." Tweet - June 20, 2021 - BLUE BOX Game Studios https://twitter.com/BBGameStudios/status/1406588767184592898
"Weird PS5 Game Abandoned Delays Trailer App to Friday" Push Square - June 20, 2021 https://www.pushsquare.com/news/2021/06/weird_ps5_game_abandoned_delays_trailer_app_to_friday
"We wanted to set things straight." Tweet - June 15, 2021 - BLUE BOX Game Studios https://twitter.com/BBGameStudios/status/1404924897340674049
"An update from Hasan:" Tweet - June 25, 2021 - BLUE BOX Game Studios https://twitter.com/BBGameStudios/status/1408424979172110336
"CDPR's Cyberpunk Damage Control Call: Corpos Searching for Answers (VL371)" YouTube Video - December 15, 2021 - Hoeg Law https://youtu.be/n7uzzQ7SV-0
"Dear Gamers..." Tweet - December 14, 2020 - Cyberpunk 2077 (@CyberpunkGame) https://twitter.com/CyberpunkGame/status/1338390123373801472
CDPR Cyberpunk Launch Teleconference Transcript December 14/15, 2020 https://www.cdprojekt.com/en/wp-content/uploads-en/2020/12/call-transcript_en.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Video game publisher Raw Fury has taken the unusual step of putting its publishing contract onto the Internet, and we couldn't be happier!
In Part IX of our continuing series, we look at the potpourri of provisions found at the end of most every contract, and how important many of them are.
Let's dive in.
Boilerplate doesn't mean unimportant...in Virtual Legality.
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CHAPTERS 00:00 Introduction 02:13 General Provisions 23:50 Conclusion (Signature Blocks)
Discussed in this episode:
"A Lawyer Reads...A Game Publishing Agreement" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy_VayRrIvRSP64k6oOv9jLi
"About Us" Raw Fury Webpage https://rawfury.com/about/
"Why we are publishing Raw Furys publishing agreement" Raw Fury Webpage https://rawfury.com/why-we-are-publishing-raw-furys-publishing-agreement/
"Developer Resources" Raw Fury Webpage (Click Through Dropbox for Publishing Agreement) https://rawfury.com/developer-resources/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
With EA's purchase of Golf Clash maker, Playdemic, it would seem the sell-off of WB Games assets has begun. Who's next? NetherRealm? Traveler's Tales? Rocksteady?
Or are the signals coming from AT&T and Warner Bros. actually indicative of another reality all together; one where almost all of the WBIE portfolio remains in tact?
We aim to build videos based on our storied franchises...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/_5oobCBlBiY
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Discussed in this episode:
"Was WB Games Just Sold? Untangling ATT, WarnerMedia, and Discovery (VL473)" YouTube Video - May 17, 2021 - Hoeg Law https://youtu.be/rTdscjfbGLU
"AT&T spins off WarnerMedia, forming new media behemoth with Discovery" Axios - May 17, 2021 https://www.axios.com/att-discovery-merger-c46ef3f8-37ac-4e57-a38f-a1c97bb9b79b.html
"WB Games is getting broken up somehow..." Tweet - May 17, 2021 - Stephen Totilo https://twitter.com/stephentotilo/status/1394328369601384450
"What Does the WarnerMedia and Discovery Deal Mean For You?" IGN - May 17, 2021 https://www.ign.com/articles/what-does-the-warnermedia-and-discovery-deal-mean-for-you
"Electronic Arts Acquires Playdemic, Makers of the Highly Successful Golf Clash Mobile Game, From Warner Bros. Games and AT&T" Press Release - June 23, 2021 https://www.businesswire.com/news/home/20210623005525/en/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
The Avengers video game project has seemed snakebit even from its earliest introduction, but I don't think anyone thought the latest DLC drop would result in personal information being streamed out to the world.
There are bugs and then there are BUGS...in Virtual Legality.
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Discussed in this episode:
"Seeing the date and numbers on the screen is very jarring. How did they manage to screw this up?" Reddit Thread - Play Avengers - June 22, 2021 https://www.reddit.com/r/PlayAvengers/comments/o5por5/seeing_the_date_and_numbers_on_the_screen_is_very/
"Uhhh can confirm Avengers is showing people’s IP addresses ON SCREEN..." Tweet - June 22, 2021 - Paul Tassi https://twitter.com/PaulTassi/status/1407365797593370627
"We're aware of the issue where a floating string of text appears on the screen..." Tweet - June 22, 2021 - Marvel's Avengers https://twitter.com/PlayAvengers/status/1407362820082176009
"Warning: ‘Marvel’s Avengers’ Is Showing Your IP Address On Screen After New Patch" Forbes - June 22, 2021 https://www.forbes.com/sites/paultassi/2021/06/22/warning-marvels-avengers-is-showing-your-ip-address-on-screen-after-new-patch/amp/?__twitter_impression=true
"SQUARE ENIX TERMS OF SERVICE" Updated March 12, 2021 https://square-enix-games.com/en_US/documents/tnc
"U.S. Privacy Notice" Updated August 5, 2020 https://square-enix-games.com/en_US/documents/privacy
"DATA BREACH RESPONSE: A GUIDE FOR BUSINESS" FTC Webpage https://www.ftc.gov/tips-advice/business-center/guidance/data-breach-response-guide-business
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
The National Collegiate Athletics Association (NCAA) has been under fire from seemingly all corners for years now, but the institution has nevertheless remained fairly impervious to most attacks.
Much of that changed today, however, as the Supreme Court of the United States handed down a 9-0 decision in Alston vs NCAA, removing the trade association's protective security blanket, and suggesting that courts around the country take another look at whether reason can justify the institution's rules..
Oh, and the Court also said a few things which might prove fairly...epic (or apple).
Let's dive in.
Ruling without Reason, it's the NCAA way..in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/AAdEPI0Yjxc
CHAPTERS
00:00 Introduction 02:33 TLDW 03:50 Alston vs NCAA 08:58 A Background in Money 11:24 The District Court's Holding 25:32 The Supreme Court and the Rule of Reason 32:59 Board of Regents (NCAA Shoots Its Own Feet) 41:44 The Court's Role 52:53 Kavanaugh Questions the Whole Operation 58:24 Conclusion (NCAA Response)
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Discussed in this episode:
"The Supreme Court's 9-0 decision in Alston is..." Tweet - June 21, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1407027237279485956
Alston vs The NCAA Decided June 21, 2021 https://www.supremecourt.gov/opinions/20pdf/20-512_gfbh.pdf
"Trusts, etc., in restraint of trade illegal; penalty" 15 USC 1 (Sherman Act Section 1) https://www.law.cornell.edu/uscode/text/15/1
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Dicta" Free Online Dictionary Webpage https://legal-dictionary.thefreedictionary.com/Dicta
"That’s not how it works, Mark." Tweet - June 21, 2021 - Dan Lust https://twitter.com/SportsLawLust/status/1407065797701296130
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Indefinitely. When CD Projekt Red's (CDPR) tentpole release, Cyberpunk 2077, was removed from the PlayStation Store in December of last year, Sony didn't even hint at a date for the game's return.
While some thought it would be back up in short order, others had some significant doubts.
But how long is long enough? While we now have our answer, it only leads to more questions.
Never has a mixture of hype, hyperbole, and hubris been so potent...in Virtual Legality.
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Discussed in this episode:
"Cyberpunk 2077 returns to the PlayStation Store on June 21, CD Projekt says" Polygon - June 15, 2021 https://www.polygon.com/22229742/cyberpunk-2077-returns-to-playstation-store-release-refund-ps4-ps5-cd-projekt-red
"Current report no. 34/2021" CD Projekt SA Disclosure - June 15, 2021 https://www.cdprojekt.com/en/investors/regulatory-announcements/current-report-no-34-2021/
"CD Projekt, CDPR, and Cyberpunk 2077: We Have a Reputation to Burn" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy8QxfJHOJGH8UsiYOqjwhq3
"Cyberpunk 2077 Returns to the PlayStation Store, But Sony Says Base PS4 Version Still Has Issues" IGN - June 15, 2021 https://www.ign.com/articles/cyberpunk-2077-playstation-store-return-date-announced
"SIE strives to ensure a high level of customer satisfaction..." Tweet - December 17, 2020 - Ask PlayStation https://twitter.com/AskPlayStation/status/1339737360184078336
"Exclusive: Sony’s PlayStation boss moves past console wars" Axios - June 11, 2021 https://www.axios.com/ps5-jim-ryan-interview-mobile-cyberpunk-sony-e2ba0ddb-17b6-4882-bb9e-2908c7c4f71d.html
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
E3 week is (kind of) upon us, and as per usual Microsoft has a lot to say. But with talk of Game Pass on TVs, quarterly releases, increases to their "portfolio", and even comments from the CEO, it's clear that Microsoft means business (and means to talk about business).
Yes, Microsoft's teeth and ambitions are bared, but we're prepared...in Virtual Legality.
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Discussed in this episode:
"Xbox wants to release a game every three months" GamesIndustry Biz - June 10, 2021 https://www.gamesindustry.biz/articles/2021-06-10-xbox-wants-to-release-a-game-every-three-months
"Hermen Hulst Q&A: What’s Next for PlayStation Studios" PlayStation Blog - June 2, 2021 https://blog.playstation.com/2021/06/02/hermen-hulst-qa-whats-next-for-playstation-studios/
"Bringing the Joy and Community of Gaming to Everyone" Xbox News Wire Website - June 10, 2021 https://news.xbox.com/en-us/2021/06/10/whats-next-for-gaming-highlights/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Should Google, Facebook, Twitter, and more be treated as "public utilities"? Common carriers of information subject to unified and often significant government regulatory measures?
Ohio Attorney General Dave Yost seems to think so, and he's asked the Ohio court system to affirm his beliefs. But what about the Ohio laws that say Internet information services are specifically exempt? And the power of the Public Utilities Commission of Ohio to determine what regulations should apply even if they're not?
Seems that AG Yost would cut down every law in England to get at the devil, but we wouldn't…in Virtual Legality.
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Discussed in this episode:
Ohio vs Google Filed June 8, 2021 https://www.ohioattorneygeneral.gov/Files/Briefing-Room/News-Releases/Filed-Complaint-(Time-Stamped).aspx
Ohio Revised Statutes https://codes.ohio.gov/ohio-revised-code/section-2721.02 https://codes.ohio.gov/ohio-revised-code/section-4905.04 https://codes.ohio.gov/ohio-revised-code/section-4905.05 https://codes.ohio.gov/ohio-revised-code/section-4905.02 https://codes.ohio.gov/ohio-revised-code/section-4905.03 https://codes.ohio.gov/ohio-revised-code/section-4901.23
"JOSEPH R. BIDEN, JR., PRESIDENT OF THE UNITED STATES, ET AL. v. KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY" Decided April 5, 2021 https://www.supremecourt.gov/opinions/20pdf/20-197_5ie6.pdf
"Terms and definitions" 47 CFR 51.5 https://www.law.cornell.edu/cfr/text/47/51.5
"Definitions" 47 USC 153 https://www.law.cornell.edu/uscode/text/47/153
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Every artist uses "inspiration" to create their art including researching and referencing other existing material. But what happens when an artist uses such existing material directly?
That's what Judy Juracek author of 1996's book and CD "Surfaces" has asked the court, in a lawsuit that accuses video game publisher Capcom of using her photographs directly in games like Resident Evil and Devil May Cry without her permission.
Is she right? What does the copyright act say, and how does it work in a circumstance like this one? And why might we (and the complaint itself), be missing some of the most vital information to answer that question?
The real Resident Evil is lawsuits…in Virtual Legality.
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Discussed in this episode:
"Photographer sues Capcom for $12 million over stolen art allegations" GameDaily Biz - June 7, 2021 https://gamedaily.biz/article/2063/photographer-sues-capcom-for-12-million-over-stolen-art-allegations
Juracek v Capcom Filed June 4, 2021 (Conn. District Court) https://storage.courtlistener.com/recap/gov.uscourts.ctd.144789/gov.uscourts.ctd.144789.1.0_1.pdf
Exhibit A (Images): https://storage.courtlistener.com/recap/gov.uscourts.ctd.144789/gov.uscourts.ctd.144789.1.1_1.pdf
"Subject matter of copyright: In general" 17 USC 102 https://www.law.cornell.edu/uscode/text/17/102
"Exclusive rights in copyrighted works" 17 USC 106 https://www.law.cornell.edu/uscode/text/17/106
"Duration of copyright: Works created on or after January 1, 1978" 17 USC 302
"Capcom Accused By Dutch Filmmaker Of Plagiarizing Monster Designs In Resident Evil Village" The Gamer - May 10, 2021 https://www.thegamer.com/resident-evil-village-dutch-filmmaker-report/
"Movie director says Capcom copied his monster for Resident Evil Village boss fight" Eurogamer - May 10, 2021 https://www.eurogamer.net/articles/2021-05-10-movie-director-says-capcom-copied-his-propellerhead-monster-for-resident-evil-village-boss-fight
"Limitations on exclusive rights: Fair use" 17 USC 107 https://www.law.cornell.edu/uscode/text/17/107
"Surfaces: Visual Research for Artists, Architects, and Designers (Surfaces Series)" Amazon Webpage https://www.amazon.com/Surfaces-Research-Artists-Architects-Designers/dp/0393730077/
"Integrity of copyright management information" 17 USC 1202 https://www.law.cornell.edu/uscode/text/17/1202
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
A new challenger has arrived!
As the Internet has been generally uninterested in the completely non-controversial eighth mainline entry into the space opera series known as Star Wars since the film's release in 2017, the Ninth Circuit Court of Appeals thought it made sense to make its own stance on the film (and its successor) known...by means of a formal legal opinion.
But what is the purpose of pop culture references in legal opinions? Well, that depends a lot on the purpose of the opinions themselves.
It's okay Disney, failure is the greatest teacher; or so we've been told…in Virtual Legality.
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Discussed in this episode:
"The Last Jedi, Luke Skywalker, and Heroism in the Age of Trump" Hoeg Law Blog - December 20, 2017 https://hoeglaw.wordpress.com/2017/12/20/the-last-jedi-luke-skywalker-and-heroism-in-the-age-of-trump/
"Last Jedi, Luke Skywalker, and Heroism in the Age of Trump" YouTube Video - May 6, 2018 - Hoeg Law https://youtu.be/kJFKECG1FU4
Henderson v ConAgra Foods (Class Action Objection) Decided June 1, 2021 https://cdn.ca9.uscourts.gov/datastore/opinions/2021/06/01/19-56297.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
"Earth 2 is a Scam!" "Earth 2 is a Pyramid Scheme!" "No, it's a Ponzi Scheme!"
The Internet believes a lot of things about virtual land sales program/Ready Player One wannabe/Crypto Stock Market (?), Earth 2, but what really holds water?
Is the whole thing a scam? A Pyramid scheme? Worse?
Or is it just a product/service to avoid because of some of the worst terms of service we've yet read?
You can't move on to the sequel until you've mastered the original…in Virtual Legality.
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CHAPTERS 00:00 Introduction 02:25 What is Earth 2? 08:26 Pyramids and Ponzi Schemes 14:23 A Look at Securities Law 21:27 Some Pretty Bad Terms and Conditions 35:22 Crypto Conversions and Bitconnect 39:52 Unlimited Exposure 43:35 Securities Terms 50:00 Conclusion
Discussed in this episode:
Earth 2 Webpage(s) https://earth2.io/ https://earth2.io/about https://earth2.io/earth-2-benefits https://app.earth2.io/#leaderboards https://earth2.io/terms
"Pyramid Schemes" FTC Website (Speech given in 1998) https://www.ftc.gov/public-statements/1998/05/pyramid-schemes
"Accessing the U.S. Capital Markets — A Brief Overview for Foreign Private Issuers" SEC Webpage https://www.sec.gov/divisions/corpfin/internatl/foreign-private-issuers-overview.shtml
"Definitions; promotion of efficiency, competition, and capital formation" 15 USC 77b https://www.law.cornell.edu/uscode/text/15/77b
SEC v. Howey Co. 328 US 293 (US Supreme Court) (1946) https://supreme.justia.com/cases/federal/us/328/293/#301
"SEC sues five BitConnect promoters over $2-billion scheme" Los Angeles Times - May 28, 2021 https://www.latimes.com/business/story/2021-05-28/sec-sues-cryptocurrency-bitconnect-promoters-over-2-billion-scheme
"Bitconnect, which has been accused of running a Ponzi scheme, shuts down" TechCrunch - January 16, 2018 https://techcrunch.com/2018/01/16/bitconnect-which-has-been-accused-of-running-a-ponzi-scheme-shuts-down/
"Bitconnect Closes Virtually Its Entire Operation, BCC Token Drops 87%" CoinTelegraph - January 17, 2018 https://studio.youtube.com/video/6MhkvF_vGFE/edit?o=U
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
In a new entry in our Supreme Court of the United States (SCOTUS) series, we take a look at the Computer Fraud and Abuse Act of 1986 (CFAA), how exceeding "authorized access" to a computer doesn't appear to mean what it says, and just when it's totally fine for a police sergeant to sell the personal information of a stripper out of the law enforcement database.
You think you know where the story is going and then...BOOM, "Footnote 8" comes out of nowhere…in Virtual Legality.
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CHAPTERS 00:00 Introduction 03:28 Van Buren v United States 07:32 The Majority Opinion 29:23 The Dissent 39:04 Conclusion
Discussed in this episode:
Van Buren v United States Decided June 3, 2021 (SCOTUS) https://www.supremecourt.gov/opinions/20pdf/19-783_k53l.pdf
"Fraud and related activity in connection with computers" 18 USC 1030 https://www.law.cornell.edu/uscode/text/18/1030
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
PlayStation Studios head Herman Hulst gives a softball interview to his own corporate blog, but did it set more fires than it put out?
Let's talk blockbusters (Horizon, God of War, Gran Turismo 7), New IP, generations, delays, and more.
Remember kids, corporations don't "believe" anything…in Virtual Legality.
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Discussed in this episode:
"Hermen Hulst Q&A: What’s Next for PlayStation Studios" PlayStation Blog - June 2, 2021 https://blog.playstation.com/2021/06/02/hermen-hulst-qa-whats-next-for-playstation-studios/
"PlayStation 5: exclusive games more important than ever, says Sony" The Guardian - June 16, 2020 https://www.theguardian.com/games/2020/jun/16/exclusive-games-playstation-5-sony
"New and Upcoming Games | PS5" YouTube Video - December 7, 2020 - PlayStation https://youtu.be/2KROCZ1q4OE
"Sony's Jim Ryan: “We are going to launch PS5 this holiday and we're going to launch globally"" GamesIndustryBiz - May 29, 2020 https://www.gamesindustry.biz/articles/2020-05-29-sonys-jim-ryan-its-time-to-give-fans-something-that-can-only-be-enjoyed-on-playstation-5
"'We believe in generations:' PlayStation argues cross-gen games risk stifling innovation" GamaSutra - July 17, 2020 https://www.gamasutra.com/view/news/366599/We_believe_in_generations_PlayStation_argues_crossgen_games_risk_stifling_innovation.php
"Sony expects PS5 supply issues to continue into next year" The Verge - May 10, 2021 https://www.theverge.com/2021/5/10/22428322/sony-ps5-supply-constraints-2022-hiroki-totoki
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
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DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
With its stock prices way down and headlines screaming doom and gloom, one could be forgiven for assuming that the end is nigh for Polish game developer CD Projekt Red (and its parent company CD Projekt).
But while Q1 sales of its tentpole release Cyberpunk 2077, seem to be doing anything but keeping up the "tent", the company itself is quite a fair distance from going under.
Why? Well to understand that, it's time to read some financial reports and corporate messaging.
Reports of CDPR's death have been greatly exaggerated, but not…in Virtual Legality.
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Discussed in this episode:
"CD Projekt, CDPR, and Cyberpunk 2077: We Have a Reputation to Burn" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy8QxfJHOJGH8UsiYOqjwhq3
"Cyberpunk maker reports slump in quarterly profit amid Playstation delisting" Reuters - May 31, 2021 https://www.reuters.com/technology/cd-projekt-q1-net-profit-misses-expectations-2021-05-31/
"CD Projekt profits take a hit as Cyberpunk 2077 remains delisted on PlayStation" Gamasutra - June 1, 2021 https://www.gamasutra.com/view/news/382548/CD_Projekt_profits_take_a_hit_as_Cyberpunk_2077_remains_delisted_on_PlayStation.php
"CD Projekt's Q1 2021 Net Profits Are Down 65% In Part Due to Fixing Cyberpunk 2077" IGN - May 31, 2021 https://www.ign.com/articles/cyberpunk-2077-profits-cd-projekt-red-q1-2021
"...Suffice to say no update on unit sales for Cyberpunk 2077 is the most telling part..." Tweet - May 31, 2021 - Dom https://twitter.com/DomsPlaying/status/1399422147358044173
CD PROJEKT Group Q1 2021 Earnings Report May 31, 2021 https://www.cdprojekt.com/pl/wp-content/uploads-pl/2021/05/q1-2021-results-presentation.pdf
Condensed Interim Financial Statements - CD Projekt Group Q1 2021 https://www.cdprojekt.com/en/wp-content/uploads-en/2021/05/consolidated-financial-statement-of-cd-projekt-capital-group-for-q1-2021.pdf
"Let's clear up a couple things on [CDPR] financials." Tweet - May 31, 2021 - Game Over Thirty https://twitter.com/GameOverThirty/status/1399470219169386497
"CD PROJEKT summarizes the beginning of 2021" CD Projekt Media Website - May 31, 2021 https://www.cdprojekt.com/en/media/news/cd-projekt-summarizes-the-beginning-of-2021/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
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DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Ubisoft finds itself in the crosshairs of games media once again, as it...says the same things it usually says about "politics" in its upcoming game Far Cry 6.
But what is the nature of this push to have the company admit to telling "political" stories? And what can recent discussions of Mass Effect tell us about the risks of telling effective stories under such a spotlight?
We strive for applicability (but not allegory)…in Virtual Legality.
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Discussed in this episode:
"Ubisoft Doesn't "Want To Make A Political Statement" Specifically About Cuba With Far Cry 6" The Gamer - May 28, 2021 https://www.thegamer.com/ubisoft-spoke-to-actual-guerilla-fighters-but-doesnt-want-to-make-a-political-statement-with-far-cry-6/
"Ubisoft: Far Cry 6 Is Not Trying to Make a Political Statement About Cuba" IGN - May 30 2021 https://www.ign.com/articles/far-cry-6-cuba-political-statement
"The Politics of Far Cry 6" Ubisoft Blog - May 31, 2021 https://news.ubisoft.com/en-us/article/jzZzBMLk8k4XAWgNpXfju/the-politics-of-far-cry-6
"Far Cry 6 writer: Yeah, our game is political" Polygon - June 1, 2021 https://www.polygon.com/22463076/far-cry-6-political-game-cuba-yara-navid-khavari-ubisoft
"Politics" Definition https://www.merriam-webster.com/dictionary/politics
"Allegory" Wikipedia Entry https://en.wikipedia.org/wiki/Allegory
"Mass Effect Has A Big Disdain For Democracy" Gamespot - May 29, 2021 https://www.gamespot.com/articles/mass-effect-has-a-big-disdain-for-democracy/
"This piece is wrong..." Twitter Thread - May 30, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1399004059156324360
"I cordially dislike allegory..." JRR Tolkien - Fellowship of the Ring (Goodreads Website) https://www.goodreads.com/quotes/411971-i-cordially-dislike-allegory-in-all-its-manifestations-and-always
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
DESIGN WORK Joe Ellis (Logo Design) Chris Leroux (Motion Graphics) For more information: contact Chris at @Chrisleroux on Twitter.
PODCAST VERSIONS ALSO AVAILABLE
Gearbox CEO Randy Pitchford is nothing if not free speaking. So it's no surprise that when problems arose on bringing crossplay to Borderlands 3 (and especially to Sony's PlayStation product), he decided to make his opinions known.
But when those opinions might well have the effect of making everyone, everywhere upset. Well...it's just another day at the office for the wildcard CEO.
There's a reason you don't usually see messaging like this…in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/YJjG7eRiwSw
SUPPORT THE CHANNEL
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
Discussed in this episode:
"Good news or bad news first?" Tweet - May 27, 2021 - Randy Pitchford https://twitter.com/DuvalMagic/status/1397872712090099715
"Borderlands 3 cross-play planned for ‘as many platforms as possible’" VGC - July 16, 2019 https://www.videogameschronicle.com/news/borderlands-3-cross-play-planned-for-as-many-platforms-as-possible/
"Borderlands® 3 is Now Available Worldwide!" Take 2 News Release - September 13, 2019 https://ir.take2games.com/news-releases/news-release-details/borderlandsr-3-now-available-worldwide
"A lawsuit accuses the CEO behind the blockbuster 'Borderlands' video games of lewd behavior and pocketing a secret $12 million bonus" Business Insider - January 11, 2019 https://www.businessinsider.com/gearbox-randy-pitchford-lawsuit-bonus-2019-1
"Gearbox Software CEO 'Exonerated' After Lengthy Legal Battle" The Hollywood Reporter - October 3, 2019 https://www.hollywoodreporter.com/business/digital/gearbox-software-ceo-exonerated-lengthy-legal-battle-1245149/
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Is Sony Charging Developers for Adding Crossplay? (VL458)" YouTube Video - May 3, 2021 - Hoeg Law https://youtu.be/ILdNW8_Tfw8
"...this is an email from Sony to Epic Games in 2018..." Twitter Thread - May 3, 2021 - Tom Warren https://twitter.com/tomwarren/status/1389259771354681348
"CD Projekt says it’s still waiting for Sony’s approval to bring Cyberpunk back to the PlayStation Store" VGC - May 25, 2021 https://www.videogameschronicle.com/news/cd-projekt-says-its-still-waiting-for-sonys-approval-to-bring-cyberpunk-back-to-the-playstation-store/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
The era of content creation consolidation is upon us...once again. With Amazon's announcement of its $8.45 billion purchase of one of Hollywood's oldest movie studios, Metro Goldwyn Mayer (MGM), it's clear that the streaming wars are getting bigger, and more expensive.
Will we see more? And just what, if any, regulatory (or other) issues will a combination like this face?
Bond is just another word for "merger"…in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/X4tpz5OOUpU
SUPPORT THE CHANNEL
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
Discussed in this episode:
"Amazon Buys MGM, Studio Behind James Bond, for $8.45 Billion" Variety - May 26, 2021 https://variety.com/2021/biz/news/amazon-buys-mgm-studio-behind-james-bond-for-8-45-billion-1234980526/
"Amazon and MGM have signed an agreement for Amazon to acquire MGM" Business Wire (Amazon/MGM Press Release) - May 26, 2021 https://www.businesswire.com/news/home/20210526005648/en/Amazon-and-MGM-have-signed-an-agreement-for-Amazon-to-acquire-MGM
"List of Metro-Goldwyn-Mayer films" Wikipedia Entry https://en.wikipedia.org/wiki/List_of_Metro-Goldwyn-Mayer_films
"Was WB Games Just Sold? Untangling ATT, WarnerMedia, and Discovery (VL473)" YouTube Video - May 17, 2021 - Hoeg Law https://youtu.be/rTdscjfbGLU
"Eon Productions" Wikipedia Entry https://en.wikipedia.org/wiki/Eon_Productions
"District of Columbia accuses Amazon of unfair pricing strategies in new suit" Reuters - May 25, 2021 https://www.reuters.com/technology/washington-dc-attorney-general-filing-antitrust-lawsuit-against-amazoncom-racine-2021-05-25/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
"Epic vs Apple" has finally arrived, and as Tim Sweeney now famously said, we're in for some "fireworks"!
Like a reunion special for a beloved TV series, Epic v Apple takes a victory lap "replete" with cameos, inside jokes, references to the series heyday and more.
It. Was. Inevitable...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/I5WS5D6GydY
SUPPORT THE CHANNEL
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CHAPTERS 00:00 Introduction 01:25 Live Tweets - Closing Arguments (Adi Robertson) 02:47 A Sherman Antitrust Act Refresher 08:00 The Relevant Market 25:52 Qualcomm and the Rule of Reason 32:39 A Defense of Apple's Business Model 42:35 What Should a Remedy Look Like? 53:21 Judge's Final Words (and Joke Opinion Date) 55:00 Conclusion (Hoeg's Thoughts)
Discussed in this episode:
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Epic v Apple: Just the Trial" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-TrSXpg6irNK7kbZt-NY0O
"Final day of Epic v. Apple..." Twitter Thread - May 24, 2021 https://twitter.com/thedextriarchy/status/1396841288448856064
"It Was A Trap!!! A Lawyer Discusses Epic vs Apple (Fortnite Lawsuit) (VL286)" YouTube Video - August 13, 2020 - Hoeg Law https://youtu.be/y04zz5g1_08
"Trusts, etc., in restraint of trade illegal; penalty" 15 USC 1 (Sherman Act Sec. 1) https://www.law.cornell.edu/uscode/text/15/1
"Monopolizing trade a felony; penalty" 15 USC 2 (Sherman Act Sec. 2) https://www.law.cornell.edu/uscode/text/15/2
Epic Games, Inc. v Apple Inc. Filed August 13, 2020 (US N.D. Cal) https://cdn2.unrealengine.com/apple-complaint-734589783.pdf
"The Antitrust Laws" Federal Trade Commission Website https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/antitrust-laws
"Single Firm Conduct" Federal Trade Commission Website https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/single-firm-conduct
"Ninth Circuit Reverses FTC Win in FTC v. Qualcomm, Finding No Antitrust Violations from Qualcomm’s Licensing of its Standard-Essential Patents" The National Law Review - August 13, 2020 https://www.natlawreview.com/article/ninth-circuit-reverses-ftc-win-ftc-v-qualcomm-finding-no-antitrust-violations
"Injunction Disjunction: Epic Loss for Fortnite/Epic Win for Unreal! (VL336)" YouTube Video - October 10, 2020 - Hoeg Law https://youtu.be/2EE9HvQ7z14
Epic v Apple Preliminary Injunction Order October 9, 2020 https://www.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.118.0.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
You built a fine machine, out of a Hot Tub? Twitch streamer Amouranth did, and now the company is caught trying to deal with both enterprising streamers and concerned advertisers.
But will tags really solve the issue? Is there an issue needing solving? And what about all the other tags the company introduced on the same day?
Jet Set Radio isn't the only place with interesting tags...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/GeNU_VdPlqg
SUPPORT THE CHANNEL
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
Discussed in this episode:
"Yesterday I was informed that Twitch has Indefinitely Suspended Advertising on my channel..." Twitter Thread - May 18, 2021 - Amouranth https://twitter.com/Amouranth/status/1394699159983243268
Twitch Affiliate Agreement Updated October 7, 2019 https://www.twitch.tv/p/en/legal/affiliate-agreement/
Twitch Terms of Service Updated January 1, 2021 https://www.twitch.tv/p/en/legal/terms-of-service/
Twitch Community Guidelines Updated April 7, 2021 https://www.twitch.tv/p/en/legal/community-guidelines/
"Nudity, Pornography, and Other Sexual Content" Twitch Additional Guidelines https://www.twitch.tv/p/en/legal/community-guidelines/sexualcontent/
"Let’s Talk About Hot Tub Streams" Twitch Blog Post - May 21, 2021 https://blog.twitch.tv/en/2021/05/21/lets-talk-about-hot-tub-streams/
"How the New Pools, Hot Tubs & Beaches Category will Work" Twitch Help Page https://help.twitch.tv/s/article/pools-hottubs-beaches?language=en_US
"Celebrate Yourself and Your Community with 350+ New Tags" Twitch Blog Post - May 21, 2021 https://blog.twitch.tv/en/2021/05/21/celebrate-yourself-and-your-community-with-350-new-tags/
"After Lawsuits, Facebook Announces Changes To Alleged Discriminatory Ad Targeting" NPR - March 19, 2021 https://www.npr.org/2019/03/19/704831866/after-lawsuits-facebook-announces-changes-to-alleged-discriminatory-ad-targeting
"Doing More to Protect Against Discrimination in Housing, Employment and Credit Advertising" Facebook Blog Post - March 19, 2021 https://about.fb.com/news/2019/03/protecting-against-discrimination-in-ads/
"Housing Department Slaps Facebook With Discrimination Charge" NPR - March 28, 2019 https://www.npr.org/2019/03/28/707614254/hud-slaps-facebook-with-housing-discrimination-charge
"Prohibition against discrimination or segregation in places of public accommodation" 42 USC 2000a https://www.law.cornell.edu/uscode/text/42/2000a
"Public accommodations or services; prohibited practices." MCL 37.2302 (MI) http://www.legislature.mi.gov/(S(pwjomlsvntwtfkr5kkx0vvsk))/mileg.aspx?page=getObject&objectName=mcl-37-2302
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
"Epic vs Apple" has finally arrived, and as Tim Sweeney now famously said, we're in for some "fireworks"!
On the season finale of Epic v Apple (Testimony Edition), a guest appearance by Apple CEO Tim Cook goes off without a hitch...until the judge steps in and rocks the foundation of the case to its very core.
Great Scott!!! Get ready to see some serious 'stuff'...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/zLJ0axIEbBU
SUPPORT THE CHANNEL
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
CHAPTERS 00:00 Introduction 01:43 Day 15 Live Tweets (Adi Robertson) 02:56 As American as Apple Pie (Cook) 08:33 Malware and Security (Cook) 13:00 Earning A Commission (Cook) 14:41 Digital Cost Reductions (Cook) 18:51 The Best Buy Metaphor and Stickiness (Cook) 24:12 Financials and Epic's Requests (Cook) 27:30 Apple's Pecuniary Interest (Cook - Epic Cross) 34:13 The Fortnite and Unreal Ban (Cook - Epic Cross) 37:46 A Holistic Device and Ecosystem (Cook - Epic Cross) 41:24 The China Problem (Cook - Epic Cross) 46:03 IAP before IAP? (Cook - Epic Cross) 52:45 Great Scott!!! What did the Judge Just Ask? (Cook - Judge Cross) 1:07:05 An Anticlimax (Rubin - Epic Cross) 1:08:06 Conclusion
Discussed in this episode:
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Epic v Apple: Just the Trial" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-TrSXpg6irNK7kbZt-NY0O
"Last day of Epic v. Apple testimony..." Twitter Thread - May 21, 2021 - Adi Robertson https://twitter.com/thedextriarchy/status/1395751112293208068
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
"Epic vs Apple" has finally arrived, and as Tim Sweeney now famously said, we're in for some "fireworks"!
On day fourteen, Apple presents a trio of experts...to mostly talk about things we've talked about before.
The end is near...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/n7oxi4Kyoy8
SUPPORT THE CHANNEL
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
CHAPTERS 00:00 Introduction 03:06 Day 14 Live Tweets (Adi Robertson) 04:21 Epic Wants Another Witness 10:52 Another Survey (Hanssens) 15:44 Exposing Survey Problems (Hanssens - Cross) 21:18 The Value of IP (Malackowski) 33:02 A Non-Credible Witness? (Malackowski - Cross) 40:20 More App Stores Are Trouble (Rubin) 46:28 Does App Review Really Help? (Rubin - Cross) 49:22 Conclusion
Discussed in this episode:
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Epic v Apple: Just the Trial" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-TrSXpg6irNK7kbZt-NY0O
"Day 14 of Epic..." Twitter Thread - May 20, 2021 - Hoeg Law https://twitter.com/thedextriarchy/status/1395393889343873026
"UNILATERAL, UNCONDITIONAL REFUSALS TO DEAL WITH RIVALS" Department of Justice Whitepaper https://www.justice.gov/atr/competition-and-monopoly-single-firm-conduct-under-section-2-sherman-act-chapter-7
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
"Epic vs Apple" has finally arrived, and as Tim Sweeney now famously said, we're in for some "fireworks"!
On day thirteen, Apple's developer relations testimony is rather jokey, while it certainly treats its security testimony as anything but a joke. The question is "Is time running out for Epic?".
An Apple a day definitely doesn't keep the lawyers away...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/xzJ88ZNKsEo
SUPPORT THE CHANNEL
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
CHAPTERS 00:00 Introduction, Essential Facilities, and Scheduling 08:14 Day 13 Live Tweets (Adi Robertson) 09:28 Buying Outside the Ecosystem (Schmid) 13:19 The Apple Pitch - Apps (Schmid) 14:27 Helping Epic (Schmid) 20:51 Apple Sign-In, Cross-Platform and...Roblox (Schmid - Cross) 30:38 Defending Apple's Security (Federighi) 36:48 Sideloading and Mac Insecurity (Federighi) 40:41 The Problem with Enterprise (Federighi) 42:12 The Apple Pitch - Ease and Security (Federighi) 44:39 Streaming and Bad Answers (Federighi) 48:41 Poking Holes in Need for Security Features (Federighi - Cross) 57:51 Conclusion
Discussed in this episode:
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Epic v Apple: Just the Trial" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-TrSXpg6irNK7kbZt-NY0O
"Apple asks court to rule iOS is not an ‘essential facility’" The Verge - May 19, 2021 https://www.theverge.com/2021/5/19/22443616/apple-requests-court-dismiss-epic-essential-facilities-claim-fortnite-trial
"Unlucky Day 13 of Epic v. Apple..." Twitter Thread - May 19, 2021 - Adi Robertson https://twitter.com/thedextriarchy/status/1395029579484606464
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
"Epic vs Apple" has finally arrived, and as Tim Sweeney now famously said, we're in for some "fireworks"!
On day twelve, Apple's entire marketing, security, and app review strategy comes under some (epic) fire.
That's right we're moving into the lucrative world of tech teardown videos...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/qkZ9QwgESU0
SUPPORT THE CHANNEL
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
CHAPTERS 00:00 Introduction 01:01 Day 12 Live Tweets (Adi Robertson) 03:26 Schiller's Cross Examination Begins (Schiller) 08:11 Talking About Friction (Schiller) 13:12 Impeaching Schiller's Credibility (Schiller) 20:57 Unwritten Rules and Timelines (Schiller) 24:12 Unspeakable Apps (Schiller) 26:36 Profits and Lowered Commissions (Schiller) 29:53 Did You Know Apple's Being Investigated? (Schiller) 34:54 Giving No Ground to Epic (Schiller) 41:46 Rehabilitating Schiller (Schiller - Redirect) 50:47 Ebooks and Special Rules (Schiller - Cross) 52:18 Conclusion
Discussed in this episode:
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Epic v Apple: Just the Trial" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-TrSXpg6irNK7kbZt-NY0O
"Day 12 of Epic v. Apple starts in 15 minutes..." Twitter Thread - May 18, 2021 - Adi Robertson https://twitter.com/thedextriarchy/status/1394665595476533249
"Strange in [Epic v Apple]... Tweet - May 18, 2021 - Michael Acton https://twitter.com/MActon93/status/1394720951070191620
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
"Epic vs Apple" has finally arrived, and as Tim Sweeney now famously said, we're in for some "fireworks"!
On day eleven, Epic wraps up its last formal witness, while Apple begins a long form presentation of the glories of the iOS ecosystem. It's gonna be a week.
If you want to shill you need a real Schiller...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/vN0iAg8-mFg
SUPPORT THE CHANNEL
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
CHAPTERS 00:00 Introduction 04:46 Day 11 Live Tweets (Adi Robertson) 08:15 Security, Politics, and iPhones (Mickens - Cross) 23:48 Intermission - Epic Has Called Its Last Witness 26:17 How Apple Built the iPhone (Schiller) 29:27 Security in a Holistic Product (Schiller) 33:08 No Duopoly? (Schiller) 34:34 Opening the App Store (Schiller) 43:35 Defending the Plan (Schiller) 48:38 IAP and Subscription Friction (Schiller) 51:02 Lowering the 30% (Schiller) 52:27 Conquesting, Ad Space, and Anti-Steering (Schiller) 55:43 Roblox and the Store within a Store (Schiller) 1:01:33 xCloud and Arbitrariness (Schiller) 1:05:35 Conclusion
Discussed in this episode:
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Epic v Apple: Just the Trial" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-TrSXpg6irNK7kbZt-NY0O
"Epic vs Apple - Week Two In Review: Does the judge have a solution in mind?" GamesIndustry Biz - May 18, 2021 https://www.gamesindustry.biz/articles/2021-05-18-epic-vs-apple-week-two-in-review-does-the-judge-have-a-solution-in-mind
"New week, old trial..." Twitter Thread - May 17, 2021 - Adi Robertson https://twitter.com/thedextriarchy/status/1394305648020570112
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
AT&T's dalliance with content creation is over. Long live Discovery.
But what does that mean for Warner Brothers properties, including some really great game studios? Not even AT&T (or Discovery) seems to know.
The real fatalities are of corporate dreams...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/rTdscjfbGLU
SUPPORT THE CHANNEL
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
Discussed in this episode:
"AT&T to spin off HBO, other WarnerMedia assets in a huge deal with Discovery. What went wrong?" Los Angeles Times - May 17, 2021 https://www.latimes.com/entertainment-arts/business/story/2021-05-16/why-att-is-spinning-off-hbo-cnn-warner-media-discovery
"AT&T spins off WarnerMedia, forming new media behemoth with Discovery" Axios - May 17, 2021 https://www.axios.com/att-discovery-merger-c46ef3f8-37ac-4e57-a38f-a1c97bb9b79b.html
"Notable: David Zaslav says 'We do have a name..." Tweet - May 17, 2021 - Sara Fischer https://twitter.com/sarafischer/status/1394264894401355777
"Bob Greenblatt, Kevin Reilly Out Amid Major WarnerMedia Restructuring" The Hollywood Reporter - August 7, 2021 https://www.hollywoodreporter.com/tv/tv-news/bob-greenblatt-kevin-reilly-major-warnermedia-restructuring-1306486/
"Despite Reports, WB Games Is Still Very Much For Sale (VL281)" YouTube Video - August 10, 2020 - Hoeg Law https://youtu.be/avPbbwO7Eoc
"Sale Off? WB Games Appears to Have Struck Out (VL304)" YouTube Video - September 2, 2020 - Hoeg Law https://youtu.be/utOaKv2bWnQ
"WB Games is getting broken up somehow..." Tweet - May 17, 2021 - Stephen Totilo https://twitter.com/stephentotilo/status/1394328369601384450
"What Does the WarnerMedia and Discovery Deal Mean For You?" IGN - May 17, 2021 https://www.ign.com/articles/what-does-the-warnermedia-and-discovery-deal-mean-for-you
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
The cost of war is a high one, and the conflict between Israel and Palestine is no different. It's a truth upon which almost all of us can agree.
So how did IGN get embroiled in the Middle East and to such an extent that seemingly everyone, everywhere is mad at them?
Corporations don't have beliefs, but people do...in Virtual Legality.
CHECK OUT THE VIDEO AND LINKS AT: https://youtu.be/JqFxuSxOL2M
SUPPORT THE CHANNEL
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
"Epic vs Apple" has finally arrived, and as Tim Sweeney now famously said, we're in for some "fireworks"!
On day ten, even more economists (and one returning guest star) talk past each other...to sometimes hilarious effect!
We're all probably starting to feel a bit bad for the judge...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/YUXciVFjuqQ
SUPPORT THE CHANNEL
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
CHAPTERS 00:00 Introduction 01:00 Epic Games Store Strategy (Influencer Payments) 06:26 Roblox Gets Out of the Way 11:27 Day 10 Live Tweets (Adi Robertson) 13:52 A Lack of Baselines (Evans) 15:53 Hitting back at Hitt (Evans) 17:35 Consoles Won't be Affected (Evans) 18:49 Mobile Devices and Essential Facilities (Evans) 21:07 China, Rogue Stores, Steering and more (Evans - Cross) 34:49 Financial Principles (Barnes; Barnes - Cross) 41:15 SSNIP, SSNIP (Rossi; Rossi - Cross) 47:52 Security and the Value of App Review (Mickens) 56:56 Conclusion
Discussed in this episode:
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Epic v Apple: Just the Trial" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-TrSXpg6irNK7kbZt-NY0O
"Epic wanted Sony’s PlayStation PC games to compete with Steam, documents show" The Verge - May 11, 2021 https://www.theverge.com/2021/5/11/22424596/epic-games-store-sony-playstation-pc-games-steam-competition
Epic Games Store Strategy Documents https://www.documentcloud.org/documents/20705652-epic-games-store-presentation
"Apple said Roblox developers don’t make games, and now Roblox agrees" The Verge - May 14, 2021 https://www.theverge.com/2021/5/14/22436014/apple-roblox-epic-fortnite-trial-what-is-game-name-change
"iTunes, Google Play and Amazon Payments" Roblox Support Page https://en.help.roblox.com/hc/en-us/articles/203312760-iTunes-Google-Play-and-Amazon-Payments
"App Store Review Guidelines" Apple Webpage https://developer.apple.com/app-store/review/guidelines/
"Day 10 of Epic v. Apple..." Twitter Thread - May 14, 2021 - Adi Robertson https://twitter.com/thedextriarchy/status/1393219729918201856
"Want to understand the future of Android in Europe? Look at China" The Verge - October 17, 2018 https://www.theverge.com/2018/10/17/17984976/android-europe-future-china-play-store-european-commission-antitrust
"Epic v Apple: Sony Sued on Epic's "Monopoly" Theory (Day 3 Catch-Up) (VL463)" YouTube Video - May 6, 2021 - Hoeg Law https://youtu.be/39uHY-bH3-k
"Horizontal Merger Guidelines" US Department of Justice https://www.justice.gov/atr/horizontal-merger-guidelines-08192010
"Mobile Security: Android vs iOS — which one is safer?" Kaspersky Webpage https://www.kaspersky.com/resource-center/threats/android-vs-iphone-mobile-security
"Hackers are finding ways to hide inside Apple’s walled garden" MIT Technology Review - March 1, 2021 https://www.technologyreview.com/2021/03/01/1020089/apple-walled-garden-hackers-protected/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
"Epic vs Apple" has finally arrived, and as Tim Sweeney now famously said, we're in for some "fireworks"!
On day nine, economists try to explain to the Court why the other one is the stupid one!
It's time for some finger pointing economists...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/gmM1qik0EmY
SUPPORT THE CHANNEL
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
CHAPTERS 00:00 Introduction 01:09 Day 9 Live Tweets (Adi Robertson) 02:10 A Successful App Store is a Value Creating App Store (Hitt) 07:13 When Did Apple Use Monopoly Power? (Hitt) 09:23 The Choices of Developers (Hitt) 13:45 Tables and Charts (Hitt) 16:26 The Cost of Friction (Hitt) 19:32 Streaming, Netflix, Patents, and more (Hitt Cross) 29:16 Substitutes and Complements (Cragg) 32:18 Console Games vs Mobile Games (Cragg) 38:19 What About Other Consoles (Cragg) 39:31 Resumes, Charts, and Rudimentary Analysis (Cragg Cross) 46:23 Conclusion (Judges judge)
Discussed in this episode:
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Epic v Apple: Just the Trial" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-TrSXpg6irNK7kbZt-NY0O
"Day 9 of Epic v. Apple starts a little after 11..." Twitter Thread - May 13, 2021 - Adi Robertson https://twitter.com/thedextriarchy/status/1392854413983817728
"Michael Cragg Rebuttal Opinion Summaries" https://storage.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.376.6_1.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
"Epic vs Apple" has finally arrived and as Tim Sweeney now famously said we're in for some "fireworks"!
On day eight we've got more economists! What do Steam Link, American Express, flower bouquets and liquor stores have to do with mobile app distribution? I'm glad you asked!
Technology cases always have the best metaphors...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/MjT62zWYFAA
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PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
CHAPTERS 00:00 Introduction (Epic Motions Back) 03:59 Day 8 Live Tweets (Adi Robertson) 06:01 Gaming Stores on iOS (Athey) 13:20 The (Lack of) Cost of Piracy (Athey) 15:22 A Unity of Markets (Schmalensee) 19:21 Not Just a Payment Processor (Schmalensee) 22:31 We Don't Take American Express (Schmalensee) 23:56 Network Effects Cut Both Ways (Schmalensee) 25:56 The Breadth of an Epic Win (Schmalensee) 28:17 A discussion of Anti-Steering (Schmalensee) 32:47 Free to Play Isn't Free (Schmalensee) 35:46 Apple Hasn't Price Gouged Yet (Schmalensee) 38:32 Essential Facilities 47:36 Market Substitutes and Liquor Stores (Lafontaine) 54:55 App Store is a Massive Success (Hitt) 57:21 Conclusion
Discussed in this episode:
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Epic v Apple: Just the Trial" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-TrSXpg6irNK7kbZt-NY0O
"Apple questions credibility of Xbox testimony" GamesIndustry Biz - Updated May 13, 2021 https://www.gamesindustry.biz/articles/2021-05-10-apple-questions-credibility-of-xbox-testimony
"T-minus 10 until Day 8 of Epic v. Apple." Twitter Thread - May 12, 2021 - Adi Robertson https://twitter.com/thedextriarchy/status/1392496161353781252
App Store Review Guidelines Updated February 1, 2021 https://developer.apple.com/app-store/review/guidelines/
Epic v Apple Preliminary Injunction Order October 9, 2020 https://www.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.118.0.pdf
"UNILATERAL, UNCONDITIONAL REFUSALS TO DEAL WITH RIVALS" Department of Justice Whitepaper - Updated June 25, 2015 https://www.justice.gov/atr/competition-and-monopoly-single-firm-conduct-under-section-2-sherman-act-chapter-7
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
"Epic vs Apple" has finally arrived and as Tim Sweeney now famously said we're in for some "fireworks"!
On day seven we find ourselves deep in the mire of economics "expertise", but with what little clarity is provided, the judge might herself be arriving at a possible solution to the parties' continued clash.
This 'dismal science' may be dismal, but I'm not quite sure it's science...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/97rxdQA447M
SUPPORT THE CHANNEL
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
CHAPTERS 00:00 Introduction 02:00 Apple Announces Blocked Transactions 03:29 Day 7 Live Tweets (Adi Robertson) 04:34 Consumer Harms (Evans) 07:10 Market Confusion (Evans) 11:37 iOS and Android Aren't Competitive? (Evans) 14:01 Structuring the App Store (Evans) 21:18 Monopolies and Quality Services (Evans) 23:15 The Call of Duty (Evans) 29:36 The Judge Speaks (Anti-Steering) (Evans) 37:15 Substitutes and Subscriptions (Middleware) (Athey) 46:14 The Judge Speaks Again (Anti-Steering) (Athey) 47:14 Cross Examination (Athey) 52:00 Conclusion
Discussed in this episode:
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Epic v Apple: Just the Trial" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-TrSXpg6irNK7kbZt-NY0O
"Everything We've Learned In The Epic V Apple Trial So Far" Gamespot Updating Webpage https://www.gamespot.com/articles/everything-weve-learned-in-the-epic-v-apple-trial-so-far/1100-6490954/
"Apple has a new stat it’s released right in the middle of the Epic Games antitrust trial." Tweet - May 11, 2021 - Nick Statt https://twitter.com/nickstatt/status/1392163031254249481
"Apple says App Store protected against $1.5 billion in potential fraud last year" Protocol - May 11, 2021 https://www.protocol.com/apple-epic-trial/apple-app-store-fraud-protections
"Day 7 of Epic v. Apple..." Twitter Thread - May 11, 2021 - Adi Robertson https://twitter.com/thedextriarchy/status/1392130942379102210
"Epic v. Apple keeps coming back to the gap between ignorance and inconvenience" The Verge - May 11, 2021 https://www.theverge.com/2021/5/11/22431356/epic-v-apple-anti-steering-ios-fortnite-subscriptions-web-day-7
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
It's financial reporting and investor call season, and gaming industry stalwart Ubisoft has some bombs to drop. But while at least one analyst at the company wants to get in front of any fires, can a significant publisher announcing it's going to focus more on "free-to-play" titles be read as anything other than major news?
It may not be the Creed of an Assassin, but good Watch Dogs know it's a Far Cry from an empty change...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/svMwNxd6VYA
SUPPORT THE CHANNEL
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
Discussed in this episode:
"Ubisoft says it’s changing strategy to focus on more ‘high-end free-to-play’ games" VGC - May 11, 2021 https://www.videogameschronicle.com/news/ubisoft-says-its-changing-strategy-to-focus-on-more-high-end-free-to-play-games/
"Hi. Regarding the Ubisoft comment..." Tweet - May 11, 2021 - Shonboppin https://twitter.com/shonboppin/status/1392235911681740800
"Some of the interpretations of the article I’m seeing are incorrect..." Tweet - May 11, 2021 - Shonboppin https://twitter.com/shonboppin/status/1392297058300792837
"Activision puts Crash Bandicoot 4 dev Toys for Bob on Call of Duty: Warzone development duty" Eurogamer - April 30, 2021 https://www.eurogamer.net/articles/2021-04-30-activision-puts-crash-bandicoot-4-dev-toys-for-bob-on-call-of-duty-warzone-development-duty
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
"Epic vs Apple" has finally arrived and as Tim Sweeney now famously said we're in for some "fireworks"!
On day six of the trial, things get a bit...weird. From naked bananas to deep dives on Fortnite creative mode, the "relevant market" often appears to be confusion and blind alleys.
Even a courtroom has "Mondays"...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/R-4nGINGbeg
SUPPORT THE CHANNEL
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
CHAPTERS 00:00 Introduction 02:21 Day 6 Livetweets (Adi Robertson) 05:33 Apple as Impersonal Partner (Weissinger) 10:32 Are Consoles Really Subsidized? (Weissinger) 13:52 Slipping on Banana Peels (Weissinger) 15:48 What's in a Game? (Weissinger) 18:21 Project Liberty and CAF (Weissinger) 23:56 Epic Sponsors a Lock-In (Weissinger) 27:26 Beginning the Battle of the Experts (Evans) 29:29 Establishing the Relevant Market (Evans) 34:03 An App Aftermarket (Evans) 43:05 A Single Brand Market (Evans) 44:31 Profit Margins and Developer Unrest (Evans) 48:30 Conclusion (Judge's Questions)
Discussed in this episode:
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Epic vs Apple - Week One Review: Epic still faces an "uphill battle"" GamesIndustry Biz - May 11, 2021 https://www.gamesindustry.biz/articles/2021-05-11-epic-vs-apple-week-one-review-epic-still-faces-an-uphill-battle
"Week 2 of Epic v. Apple..." Twitter Thread - May 10, 2021 - Adi Robertson https://twitter.com/thedextriarchy/status/1391771972481257476
"Epic and Apple are now fighting over a naked banana" The Verge - May 10, 2021 https://www.theverge.com/2021/5/10/22429267/epic-v-apple-fortnite-app-store-trial-peely-day-6
"Epic pushed Xbox chief to open free multiplayer just ahead of Apple Fortnite battle" The Verge - May 4, 2021 https://www.theverge.com/2021/5/4/22419392/epic-games-xbox-chief-phil-spencer-free-xbox-live-multiplayer-fortnite-apple-case
"WRITTEN DIRECT TESTIMONY OF DR. DAVID S. EVANS" Epic v Apple - May 3, 2021 https://storage.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.527.1.pdf
"Epic v Apple: Epic Makes Its Strongest Case Yet, But Is It Enough? (VL308)" YouTube Video - September 5, 2020 - Hoeg Law https://youtu.be/0ic7v3vsO-A
Epic v Apple Preliminary Injunction Order October 9, 2020 https://www.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.118.0.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
"Epic vs Apple" has finally arrived and as Tim Sweeney now famously said we're in for some "fireworks"!
On day five of the trial, Apple continues feeling the heat with testimony from Trystan Kosmynka, while Epic Game Store head Steven Allison talks about selling games. The court, meanwhile, detours into unlikely conversations about wide ranging topics such as Roblox and itch.io's "sensitive materials".
It's Roblox and the angry Itch today...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/MZlTNwbqDwk
SUPPORT THE CHANNEL
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
CHAPTERS 00:00 Introduction 01:38 Apple Motion Against Microsoft Witness 04:47 Day 5 Live Tweets (Adi Robertson, Nick Statt) 06:24 The Blind Alley of Roblox (Kosmynka) 16:00 Is App Review Effective? (Kosmynka) 22:10 Steve Allison - General Manager EGS 23:29 The Cost of Free Games (Allison) 25:54 Security and Fraud at EGS (Allison) 28:53 Making Money with EGS (Allison) 32:05 Warnings and Depositions (Allison) 34:59 Itching for a Fight - Itch.io App Access (Allison) 45:11 Apples, Oranges, and Ooblets 48:44 Conclusion
Discussed in this episode:
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Apple isn't happy with Microsoft's Xbox executive testimony." Tweet - May 7, 2021 - Tom Warren https://twitter.com/tomwarren/status/1390637440273162246
"Day 5 of Epic v. Apple!" Twitter Thread - May 7, 2021 - Adi Robertson https://twitter.com/thedextriarchy/status/1390688458658652165
"Epic v. Apple Day 5 kicks off..." Twitter Thread - May 7, 2021 - Nick Statt https://twitter.com/nickstatt/status/1390684367161380869
"App Store Review Guidelines" Updated February 1, 2021 https://developer.apple.com/app-store/review/guidelines/#business
"Three key discoverability takeaways from the Epic/Apple lawsuit" Games Industry Biz - May 5, 2021 https://www.gamesindustry.biz/articles/2021-05-05-three-key-discoverability-takeaways-from-the-epic-apple-lawsuit
"The itch desktop client is now available on the Epic Games Store!" Itch.io Blog - April 22, 2021 https://itch.io/blog/245490/the-itch-desktop-client-is-now-available-on-the-epic-games-store
"Apple is using Itch.io’s ‘offensive and sexualized’ games as a cudgel against Epic" The Verge - May 7, 2021 https://www.theverge.com/2021/5/7/22425759/epic-apple-trial-app-store-itch-io-offensive-sexualized-unspeakable-games-day-5
"Epic, Mixer, Ooblets, and Ninjas: A Lawyer's View on Exclusivity and Messaging (VL80)" YouTube Video - August 2, 2019 - Hoeg Law https://youtu.be/kUmNwQrEKN8
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
"Epic vs Apple" has finally arrived and as Tim Sweeney now famously said we're in for some "fireworks"!
On day four of the trial, Apple finally feels the spotlight of the witness stand as Apple App Store VP Matthew Fischer is asked about everything App Store, from guidelines to Apple's (lack of) studies on consumer spending. Oh, and Roblox somehow gets involved.
It's grilled Apple time (Yum!)...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/cMaaxUWABl8
SUPPORT THE CHANNEL
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
CHAPTERS 00:00 Introduction 01:04 Selling Search Functions (US House) 05:25 Understanding the Closed Xbox Argument (Verge) 08:27 Day 4 Live Tweets (Adi Robertson) 09:36 Payments and Project Liberty 19:01 Apple Exec Grilled (Matthew Fischer) 21:52 Back to Selling Search 22:57 Monopoly Stickiness (Lack of Studies) 25:48 Judge Issues 27:47 A Parade of Unhappy Developers 32:01 Is Apple Arcade a Store? 33:29 Third Parties and Security 35:20 Treatment of Business Partners 47:07 What is a Roblox? 50:37 Making Mistakes 52:36 Conclusion
Discussed in this episode:
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Epic v Apple: Opening Salvos (Days 1 and 2) (VL460)" YouTube Video - May 4, 2021 - Hoeg Law https://youtu.be/PfTcTyVM-ck
"Tim Sweeney getting angry at Apple in 2018" Tweet - May 6, 2021 -Tom Warren https://twitter.com/tomwarren/status/1390344929122062336
"Investigation of Competition in Digital Markets" Majority Staff Report - Subcommittee on Antitrust, US House of Representatives https://judiciary.house.gov/uploadedfiles/competition_in_digital_markets.pdf
"Day 4 of Epic v. Apple..." Twitter Thread - May 6, 2021 - Adi Robertson https://twitter.com/thedextriarchy/status/1390323366494617610
"Here are Apple’s and Epic’s full slideshows arguing why they should win at trial" The Verge - May 3, 2021 https://www.theverge.com/2021/5/3/22417725/apple-vs-epic-full-trial-slideshows-opening-arguments
Epic v Apple Preliminary Injunction Order October 9, 2020 https://www.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.118.0.pdf
"Important testimony coming up in Epic v. Apple Day 4..." Twitter Thread - May 6, 2021 - Nick Statt https://twitter.com/nickstatt/status/1390381812581601282
"App Store Review Guidelines" Updated February 1, 2021 https://developer.apple.com/app-store/review/guidelines/#business
"Roblox" Microsoft Store Webpage https://studio.youtube.com/video/cMaaxUWABl8/edit?o=U
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
"Epic vs Apple" has finally arrived and (as Tim Sweeney now famously said) we're in for some "fireworks"!
On day three of the trial, Epic Engineer Andrew Grant is asked to distinguish phone from console, establish just what it is that Apple and Android actually do (?), and give a few thoughts on whether or not Epic controls access to its own products or services (!).
Oh...and Sony was sued for maintaining monopoly access over PlayStation's digital storefront. That sounds familiar.
Once a decision is reached, no one controls who can use it or how it can be used...in Virtual Legality.
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CHAPTERS 00:00 Introduction 02:11 Concerns About Walled Gardens (Preliminary Injunction) 04:45 Distinguishing iOS (Andrew Grant) 06:17 Sony Sued 14:10 What does Apple Do? 17:59 Does Epic control Access? 23:17 For the Children 26:10 Conclusion
Discussed in this episode:
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
Epic v Apple Preliminary Injunction Order October 9, 2020 https://www.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.118.0.pdf
"Grant’s getting to give his definition of a console..." Twitter Thread - May 5, 2021 - Adi Robertson https://twitter.com/thedextriarchy/status/1390042309664952335
"Sony Sued for Limiting Purchases of Games to PlayStation Store" Bloomberg - May 5, 2021 https://www.bloomberg.com/news/articles/2021-05-06/sony-sued-for-limiting-purchases-of-games-to-playstation-store?srnd=technology-vp
"Sony is facing a proposed class action lawsuit..." Tweet - May 6, 2021 - Tom Warren https://twitter.com/BigM_Milk4/status/1390254122939523077
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
"Epic vs Apple" has finally arrived and as Tim Sweeney now famously said we're in for some "fireworks".
On day three of the trial, Microsoft takes center stage as VP of Xbox Business Development Lori Wright talks about walled gardens, difficulties bringing xCloud to the App Store, and just whether or not Xbox and iPhones are competitors.
Wright neither falls for Apple's traps, nor rises above them like a Phoenix...in Virtual Legality.
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CHAPTERS 00:00 Introduction 02:47 Another Sony Crossplay Request Email 12:33 Day 3 Live Tweets (Adi Robertson/Lori Wright) 14:16 Is iOS a competitor to Xbox? 19:22 Business Models, Loss Leaders and Walled Gardens 23:51 Apple's Exclusion of xCloud (Netflix) 27:33 Who does Microsoft want to Win? 29:20 Apple's Aggression 33:10 Did Apple Help Microsoft? 37:23 Conclusion (Back to Netflix)
Discussed in this episode:
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Epic v Apple: Opening Salvos (Days 1 and 2) (VL460)" YouTube Video - May 4, 2021 - Hoeg Law https://youtu.be/PfTcTyVM-ck
"Epic says there’s an App Store payment lockout — but Apple just sees friction" The Verge - May 5, 2021 https://www.theverge.com/2021/5/4/22419894/apple-epic-fortnite-app-store-antitrust-trial-day-2
"Everything We've Learned In The Epic V Apple Trial So Far" GameSpot Rolling Webpage https://www.gamespot.com/articles/everything-weve-learned-in-the-epic-v-apple-trial-so-far/1100-6490954/
"Tim Sweeney's email to Sony's Phil Rosenberg..." Tweet - May 5, 2021 - Tom Warren https://twitter.com/tomwarren/status/1390015699817467906
"Apple/Epic trial Day 3..." Twitter Thread - May 5, 2021 - Adi Robertson https://twitter.com/thedextriarchy/status/1389955322102652931
"Microsoft sees Xbox becoming "entertainment platform for everyone on the planet"" Games Industry Bix - July 3, 2012 https://www.gamesindustry.biz/articles/2012-07-03-microsoft-sees-xbox-becoming-entertainment-platform-for-everyone-on-the-planet
"Netflix says Fortnite is bigger competition than HBO or Hulu" Polygon - January 17, 2019 https://www.polygon.com/2019/1/17/18187400/netflix-vs-fortnite-hbo-hulu-competition
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
"It is not permissible for Facebook to keep a user off the platform for an undefined period, with no criteria for when or whether the account will be restored."
"In applying a vague, standardless penalty and then referring this case to the Board to resolve, Facebook seeks to avoid its responsibilities. The Board declines Facebook’s request and insists that Facebook apply and justify a defined penalty."
Facebook has been under fire for the steps they've taken (or not taken) to moderate commentary appearing on their service. One of the biggest controversies occurred in January of this year, when the platform elected to "indefinitely suspend" the account of then president Donald Trump in connection with the Washington DC riots.
Turning to its nascent "Oversight Board", the tech giant sought affirmation of its actions. What it got was something significantly more complicated, and with much more significant potential ramifications than many could have antipated.
International law and contract interpretation are strange bedfellows...in Virtual Legality.
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PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
Discussed in this episode:
"Facebook’s Trump ban can stay in place, says Oversight Board" The Verge - May 5, 2021 https://www.theverge.com/2021/5/5/22320329/facebook-oversight-board-trump-ban-decision
"The Worst Terms in Gaming? The Unhappy Marriage of Facebook and Oculus (VL346)" YouTube Video - October 26, 2020 - Hoeg Law https://youtu.be/ZyFqWY2zOOQ
"Who Ultimately Decides What Content Is Removed From Facebook? Now We Do" New York Times - May 6, 2020 https://www.nytimes.com/2020/05/06/opinion/facebook-oversight-board.html
"Facebook's Paying Someone Else To Take the Blame (VL219)" YouTube Video - May 6, 2020 - Hoeg Law https://youtu.be/I1I8K8maBQ8
"Case decision 2021-001-FB-FBR" Facebook Oversight Board https://oversightboard.com/decision/FB-691QAMHJ/
Facebook Dangerous Individuals and Organizations Policy https://www.facebook.com/communitystandards/dangerous_individuals_organizations
Facebook Terms of Service https://www.facebook.com/terms.php
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
"Epic vs Apple" has finally arrived and as Tim Sweeney now famously said we're in for some "fireworks". In the first two days of the trial, opening statements have been made, arguments have been framed, and a billion dollar tech CEO has given hours upon hours of testimony.
What have we learned from the strategies of both sides? What information would third parties like Sony and Microsoft prefer to have stayed private? And does Mr. Sweeney help or hurt his case?
From metaverse to walled garden it's all on the table, so let's dive in.
It's time to get Sweeney with it...in Virtual Legality.
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CHAPTERS 00:00 Introduction 02:18 Rolling Coverage of Day 1 (GameSpot) 07:03 Opening Slides and Day 1 (The Verge) 22:49 Day Two Twitter Thread (Adi Robertson) 23:55 Accidental Disclosures 25:18 Framing FreeFortnite 27:45 Apple v Sony (Crossplay) 29:31 Using Tim Sweeney's Previous Words 30:53 Project Liberty and Sneakiness 35:08 Microsoft and Pricing Requirements 40:58 Assuaging Fears (Console Distinctions) 43:28 Impulse Buys (Sweeney Concludes) 47:06 Additional Witnesses (Simon and Patel) 53:50 Conclusion
Discussed in this episode:
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Everything We've Learned In The Epic V Apple Trial So Far" GameSpot Rolling Webpage https://www.gamespot.com/articles/everything-weve-learned-in-the-epic-v-apple-trial-so-far/1100-6490954/
"Here are Apple’s and Epic’s full slideshows arguing why they should win at trial" The Verge - May 3, 2021 https://www.theverge.com/2021/5/3/22417725/apple-vs-epic-full-trial-slideshows-opening-arguments
"Apple antitrust trial kicks off with Tim Sweeney’s metaverse dreams" The Verge - May 3, 2021 https://www.theverge.com/2021/5/3/22417697/apple-epic-fortnite-app-store-antitrust-trial-day-1
"Day 2 of livetweeting the Apple/Epic trial" Twitter Thread - May 4, 2021 - Adi Robertson https://twitter.com/thedextriarchy/status/1389595740519940101
"Is Sony Charging Developers for Adding Crossplay? (VL458)" YouTube Video - May 3, 2021 - Hoeg Law https://youtu.be/ILdNW8_Tfw8
"THE FORTNITE MEGA DROP - PERMANENT DISCOUNTS UP TO 20%" Epic Games Webpage - Updated September 10, 2020 https://www.epicgames.com/fortnite/en-US/news/the-fortnite-mega-drop-permanent-discounts-up-to-20-percent
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
With the shocking announcement of the departures of Giant Bomb mainstays Vinny Caravella, Alex Navarro, and Brad Shoemaker, the future of the fan favorite video game crew (and personality-based media progenitors) is in question.
But what effect did the purchase of CNET Media Group (parent to Giant Bomb) to venture capital firm Red Ventures have on the future of Giant Bomb?
How do purchasers often protect themselves with contract language and incentives in the case of a purchase?
And what does Vinny have to say about the contract question?
We salute a crew that helped alter the modern video game media landscape...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/eUyihLknexw
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PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
Discussed in this episode:
"Vinny Caravella/Alex Navarro/Brad Shoemaker announce they're leaving Giant Bomb" Tweet - May 4, 2021 - NESbot https://twitter.com/NESbot_feed/status/1389646288166211586
"We'll have some stuff to say about where Giant Bomb goes from here..." Tweet - May 4, 2021 - Jeff Gerstmann https://twitter.com/jeffgerstmann/status/1389650808401063939
"Yeah, that sure looks like a six month key employee service requirement..." Tweet - May 4, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1389648500124790788
"ViacomCBS sells CNET Media Group to digital marketing company Red Ventures" Games Industry Biz - September 14, 2020 https://www.gamesindustry.biz/articles/2020-09-14-viacomcbs-sells-cnet-media-group-to-digital-marketing-company-red-ventures
"Unknown number of layoffs at GameSpot following Red Ventures deal" Gamasutra - October 9, 2020 https://www.gamasutra.com/view/news/371669/Unknown_number_of_layoffs_at_GameSpot_following_Red_Ventures_deal.php
"Red Ventures Announces Closing of Acquisition of CNET Media Group" PR News Wire - October 30, 2020 https://www.prnewswire.com/news-releases/red-ventures-announces-closing-of-acquisition-of-cnet-media-group-301163922.html
Viacom CBS Form 10- K December 31, 2020 https://www.sec.gov/Archives/edgar/data/813828/000081382821000005/viac-20201231.htm
"NON-BINDING TERM SHEET" SEC Edgar Database https://www.sec.gov/Archives/edgar/data/1409197/000121390019013304/f8k071919ex99-1_bespoke.htm
"ASSET PURCHASE AGREEMENT" SEC Edgar Database https://www.sec.gov/Archives/edgar/data/1538217/000155335018000875/srax_ex10z01.htm
"ASSET PURCHASE AGREEMENT" SEC Edgar Database https://www.sec.gov/Archives/edgar/data/1220754/000119312507217658/dex21.htm
"ASSET PURCHASE AGREEMENT" SEC Edgar Database https://www.sec.gov/Archives/edgar/data/1219210/000119312509086991/dex101.htm
"STANDARD FORM OF RETENTION BONUS AGREEMENT" SEC Edgar Database https://www.sec.gov/Archives/edgar/data/34115/000119312517199881/d383177dex103.htm
"Giant Bomb" Wikipedia Entry https://en.wikipedia.org/wiki/Giant_Bomb#Acquisition_by_Red_Ventures_(2020-present)
"Haha, no..." Tweet - May 4, 2021 - Vincent Caravella https://twitter.com/VinnyCaravella/status/1389675755592994828
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
As the "Epic vs Apple" festivities begin in earnest, enterprising Internet citizens discover more and more interesting documents in the discovery materials. ***
Now, Tom Warren of The Verge has uncovered exchanges between Epic and Sony in which the PlayStation manufacturer rejected attempts by Epic to add "crossplay" (or "cross-platform play") in Epic's Fortnite product, before possibly determining that it could justify the move...with a bit of royalty incentive.
Is Sony charging for crossplay? Would this be a new concept for the industry? Is it completely unacceptable or can it be justified? And what does the company's own publisher agreement say about the topic?
Apple v Epic is the gift that keeps on giving...in Virtual Legality.
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CHAPTERS 00:00 Introduction 2:04 An Exchange of Emails 11:30 A Crossplay Revenue Plan 21:09 The Global Developer and Publisher Agreement 31:02 Conclusion (Quieting the Discord)
Discussed in this episode:
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
Epic Games, Inc. v. Apple Inc. Court Listener https://www.courtlistener.com/docket/17442392/epic-games-inc-v-apple-inc/
"The Last of Us Part 2 as Reviewed by...Microsoft? (VL457)" YouTube Video - May 3, 2021 - Hoeg Law https://youtu.be/Cqkg5giDJNU
"...this is an email from Sony to Epic Games in 2018..." Twitter Thread - May 3, 2021 - Tom Warren https://twitter.com/tomwarren/status/1389259771354681348
"Sony really hated PS4 crossplay, confidential documents reveal" The Verge - May 3, 2021 https://www.theverge.com/2021/5/3/22417560/sony-ps4-cross-play-confidential-documents-epic-games-agreements
"GLOBAL DEVELOPER & PUBLISHER AGREEMENT" (2017) SEC EDGAR Database https://www.sec.gov/Archives/edgar/data/946581/000162828017005833/ex10-48.htm
"Announcing PlayStation’s new Partnership with Discord" PlayStation Blog - May 3, 2021 https://www.sie.com/en/blog/announcing-playstations-new-partnership-with-discord
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
As the "Epic vs Apple" festivities begin in earnest, enterprising Internet citizens discover more and more interesting documents in the discovery materials.
Today, an internal team review of Sony exclusive, The Last of Us Part 2, by Xbox manufacturer Microsoft is making waves, both for what it says, and what it doesn't say about 2020's Game Awards Game of the Year.
Competitive analysis can't be for nothing...in Virtual Legality.
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SUPPORT THE CHANNEL
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
Discussed in this episode:
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Microsoft explored reducing its Xbox store cut to shake up console gaming" The Verge - May 2, 2021 https://www.theverge.com/2021/5/2/22415712/microsoft-xbox-store-cut-epic-games-court-documents
Epic Games, Inc. v. Apple Inc. Court Listener https://www.courtlistener.com/docket/17442392/epic-games-inc-v-apple-inc/
"Microsofts internal review of the last of Us part 2. " Tweet - May 2, 2021 - Game [Positive] https://twitter.com/GamePositiveYT/status/1388976101117071366
"It CAN Be for Nothing - The Last of Us Part II (Hoeg Law Postmortem)" YouTube Video - June 21, 2020 - Hoeg Law https://youtu.be/T6kT23VhJLQ
"Wait, Who Was Supposed to Die? The Neil Druckmann Interview (Last of Us Part II)" YouTube Video - June 22, 2020 - Hoeg Law https://youtu.be/OP58T1rwvDo
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
"The European Commission has informed Apple of its preliminary view that it distorted competition in the music streaming market as it abused its dominant position for the distribution of music streaming apps through its App Store."
Spotify wins the Coalition for App Fairness' first fight in its war against 30% fees, as the European Union announces preliminary findings of Apple's violation of its Competition laws.
But what is the nature and basis of the EC's findings? How do they relate to Epic v Apple? And just how has the whirlwind unleashed by these App sellers playing out across multiple other markets?
A new challenger has appeared...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/Sg055fRTNBA
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PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
Discussed in this episode:
"Consumers and Innovators Win on a Level Playing Field" Spotify Blog - March 13, 2019 https://newsroom.spotify.com/2019-03-13/consumers-and-innovators-win-on-a-level-playing-field/
"An Antitrust Epic" YouTube Playlist - April 13, 2021 - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Leading App Developers Form The Coalition for App Fairness to Promote Competition and Protect Innovation on Digital Platforms" Coalition for App Fairness Release https://appfairness.org/app-developers-coalition-for-app-fairness-competition-innovation/
"EU accuses Apple of App Store antitrust violations after Spotify complaint" The Verge - April 30, 2021 https://www.theverge.com/2021/4/30/22407376/apple-european-union-antitrust-charges-app-store-music-competition-commission-margrethe-vestager
"Our preliminary conclusion..." Tweet - April 30, 2021 - Margrethe Vestager https://twitter.com/vestager/status/1388071379094982659
"Antitrust: Commission sends Statement of Objections to Apple on App Store rules for music streaming providers" European Commission Press Release - April 30, 2021 https://ec.europa.eu/commission/presscorner/detail/en/ip_21_2061
"Overgrowth developer Wolfire Games files antitrust lawsuit against Valve" PCGamer - April 29, 2021 https://www.pcgamer.com/overgrowth-developer-wolfire-games-files-antitrust-lawsuit-against-valve/
"If Steam committed to a permanent 88% revenue share..." Tweet - April 24, 2019 - Tim Sweeney https://twitter.com/TimSweeneyEpic/status/1121218551342350336
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
With the technology scene's biggest antitrust litigation in 30 years set to kick off next week, what better time is there to find out what all the noise is about.
Epic v Apple - Two huge companies, easy to both love and hate, fighting over unfathomable amounts of money, with an entire industry watching.
It's the dawn of the final day...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/daCDry0_ktA
SUPPORT THE CHANNEL
PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
Discussed in this episode:
"An Antitrust Epic" YouTube Playlist - April 13, 2021 - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"THE FORTNITE MEGA DROP - PERMANENT DISCOUNTS UP TO 20%" Updated September 10, 2020 https://www.epicgames.com/fortnite/en-US/news/the-fortnite-mega-drop-permanent-discounts-up-to-20-percent
"It Was A Trap!!! A Lawyer Discusses Epic vs Apple (Fortnite Lawsuit) (VL286)" YouTube Video - August 13, 2020 - Hoeg Law https://youtu.be/y04zz5g1_08
Epic Games, Inc. v Apple Inc. Filed August 13, 2020 (US N.D. Cal) https://cdn2.unrealengine.com/apple-complaint-734589783.pdf
"Epic v Apple: "Fortnite Out, Unreal In!" Reading Between the Lines (VL297)" YouTube Video - August 25, 2020 - Hoeg Law https://youtu.be/7Ag-gBBeQnc
"ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR TEMPORARY RESTRAINING ORDER" Epic v Apple (August 24, 2020) https://www.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.48.0.pdf
"Apple Sues Back! "Epic Undertook its Conduct with Malice and Fraud" (VL310)" YouTube Video - September 8, 2020 - Hoeg Law https://youtu.be/aRCZGm9D-zs
"Leading App Developers Form The Coalition for App Fairness to Promote Competition and Protect Innovation on Digital Platforms" Coalition for App Fairness Release https://appfairness.org/app-developers-coalition-for-app-fairness-competition-innovation/
"30% “App Tax” on Creators and Consumers" Coalition for App Fairness Website https://appfairness.org/issues/30-app-tax/
"Legislation: Drafted and Paid For By Epic Games (VL417)" YouTube Video - February 15, 2021 - Hoeg Law https://youtu.be/ImcxvWV9L4Y
"Injunction Disjunction: Epic Loss for Fortnite/Epic Win for Unreal! (VL336)" YouTube Video - October 10, 2020 - Hoeg Law https://youtu.be/2EE9HvQ7z14
Epic v Apple Preliminary Injunction Order October 9, 2020 https://www.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.118.0.pdf
"Judge in Apple v. Epic Games Case Wants In-Person Trial Starting on May 3" MacRumors - March 1, 2021 https://www.macrumors.com/2021/03/01/epic-vs-apple-in-person-trial-may-3/
"Microsoft shakes up PC gaming by reducing Windows store cut to just 12 percent" The Verge - April 29, 2021 https://www.theverge.com/2021/4/29/22409285/microsoft-store-cut-windows-pc-games-12-percent
"Fortnite isn’t on Microsoft’s Xbox Cloud Gaming service because Epic won’t allow it" The Verge - April 28, 2021 https://www.theverge.com/2021/4/28/22407849/fortnite-xbox-cloud-gaming-xcloud-epic-games-block
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
A shocking expose. An insider risking it all. The stunning consequences.
Electronic Arts is in the news again and all because they've apparently employed paid marketers to...market their goods and services.
As a "scandalous" CBC article reveals, EA has apparently been using both incentives AND calls to action to encourage FIFA players to check out FIFA Ultimate Team (FUT). To what nefarious end were such mechanisms employed? Why to make money for the company...on the back of engagement with FUT and the industry's constant companion/punching bag - the loot box.
We're just full of sarcasm and surprise mechanics of our own today...in Virtual Legality.
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Discussed in this episode:
"Video game giant EA steering players into loot-box option in popular soccer game, insider says" CBC News - April 26, 2021 https://www.cbc.ca/news/gopublic/fifa21-loot-boxes-electronic-arts-1.5996912
"Confidential" FIFA 21 Presentation Slides https://assets.documentcloud.org/documents/20690561/ea_merged.pdf
"EAGATE, FIFA, Loot Boxes and the Risk to the Gaming Industry (VL432)" YouTube Video - March 15, 2021 - Hoeg Law https://youtu.be/MiSDzJSr1Pg
"Comments on Recent FIFA Ultimate Team Media Reporting" EA News Webpage - April 27, 2021 https://www.ea.com/news/comments-on-recent-fifa-ultimate-team-media-reporting
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
It's Apple lawsuit time! (No, not that one.)
As content distribution continues to get more and more "digital", questions regarding just what restrictions storefronts can place in their terms and conditions become more and more important - especially when at least one of those restrictions, that whatever is being distributed is "licensed, not sold", runs directly counter to the "Buy" and "Purchase" buttons seen by most consumers.
But is the use of "Buy" and "Purchase" language actually deceptive? If so, what should be done about it? And though it is Apple in the crosshairs of this litigation, what effect would a negative result have on the rest of the content delivery industry?
It may be "Bye, Bye, Bye" for "Buy"...in Virtual Legality.
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Discussed in this episode:
"Apple sued for terminating account with $25,000 worth of apps and videos" Ars Technica - April 23, 2021 https://arstechnica.com/tech-policy/2021/04/apple-faces-class-action-lawsuit-over-its-definition-of-the-word-buy/
"Apple Must Face Lawsuit for Telling Consumers They Can "Buy" Movies, TV Shows" Hollywood Reporter - April 22, 2021
"MICROSOFT TERMS OF SALE" Updated September 2019 https://www.microsoft.com/en-us/storedocs/terms-of-sale
"Usage rules for Digital Goods (“Rules”)" https://support.microsoft.com/en-us/windows/usage-rules-for-digital-goods-rules-83812b1f-1ecd-9a46-d3a7-ad1eadce49d1
"STEAM® SUBSCRIBER AGREEMENT" Updated August 28, 2020 https://store.steampowered.com/subscriber_agreement/
"Virtual Legality #53 - No, "Games as a Service" Isn't Fraud: A Response to Accursed Farms (Hoeg Law)" YouTube Video - May 1, 2019 - Hoeg Law https://youtu.be/yndkAmqjs0o
"Virtual Legality - "Games as a Service" and Fraud: A Conversation with Ross Scott (Accursed Farms)" YouTube Video - May 3, 2019 - Hoeg Law https://youtu.be/yt2ar78R28o
Andino vs Apple Motion to Dismiss Order https://assets.documentcloud.org/documents/20688607/andino.pdf
"Apple Media Services Terms and Conditions" Updated September 16, 2020 https://www.apple.com/legal/internet-services/itunes/us/terms.html
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
The release of Cyberpunk 2077 by CD Projekt Red (and its parent company CD Projekt) has been the kind of slow moving car accident that many cannot look away from.
So when the company announced that despite all the controversy only 30,000 gamers had asked for refunds through it's "Help Me Refund" Program, curious minds might wonder if that's the whole story.
But while many outlets reported things like "CD Projekt Refunded Only 30,000 Copies Of Cyberpunk 2077" (Kotaku), the financial statements actually delivered gave a much different picture.
Technically correct may be the best kind of correct, but it's not the most informative...in Virtual Legality.
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Discussed in this episode:
"CD Projekt, CDPR, and Cyberpunk 2077: We Have a Reputation to Burn" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy8QxfJHOJGH8UsiYOqjwhq3
"CD Projekt refunded around 30,000 Cyberpunk 2077 copies" GIBiz - April 22, 2021 https://www.gamesindustry.biz/articles/2021-04-22-cd-projekt-refunded-around-30-000-cyberpunk-2077-copies
"CD Projekt Refunded Only 30,000 Copies Of Cyberpunk 2077" Kotaku - April 22, 2021 https://kotaku.com/cd-projekt-refunded-only-30-000-copies-of-cyberpunk-207-1846743043
"CD Projekt refunded 30K copies of Cyberpunk 2077 out of 13M" Polygon - April 22, 2021 https://www.polygon.com/2021/4/22/22398340/cd-projekt-red-april-2021-investors-call-refund-details-costs
"CDPR Issued Some 30,000 Refunds for Cyberpunk 2077" IGN - April 22, 2021 https://www.ign.com/articles/cdpr-issued-some-30000-refunds-for-cyberpunk-2077
"... we know how much CDProjekt spent on the refunds..." Tweet - April 22, 2021 - Mike Futter https://twitter.com/Futterish/status/1385279644979671048
"Dear Gamers" Tweet - December 14, 2020 - Cyberpunk 2077 https://twitter.com/CyberpunkGame/status/1338390123373801472
"Doesn't really tell the whole story..." Tweet - April 22, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1385301568610766849
2020 Consolidated Financial Statements (CD Projekt) https://www.cdprojekt.com/en/wp-content/uploads-en/2021/04/consolidated-financial-statement-of-the-cd-projekt-group-for-2020.pdf
"Cyberpunk 2077 refunds barely dented CD Projekt Red’s bottom line" Ars Technica - April 22, 2021 https://arstechnica.com/gaming/2021/04/cyberpunk-2077-refunds-barely-dented-cd-projekt-reds-bottom-line/
"CD Projekt made over £215m profit in 2020 - despite Cyberpunk 2077 refunds costing tens of millions" Eurogamer - Updated April 23, 2021 https://www.eurogamer.net/articles/2021-04-23-cd-projekt-made-over-gbp215m-profit-in-2020-despite-cyberpunk-2077-refunds-costing-tens-of-millions
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
With brands like Steak-Umms and Wendy's taking social media by storm with overly insulting, snarky, or simply odd approaches to marketing, it's really no surprise when a video game developer follows suit.
But in defending the lore of Apex Legends and Titanfall 2 against Polygon's misreporting, developer Respawn may just have created a story where everyone is far too sensitive...about everything.
Sensitivity begets sensitivity...in Virtual Legality.
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Discussed in this episode:
"Apex Legends animated short shows off new character, a Titan pilot called Valkyrie" Polygon - April 19, 2021 https://www.polygon.com/22391711/apex-legends-animated-short-stories-outlands-valk-valkyrie-titanfall-northstar
"Hmmm, we suggest you check your sources..." Tweet - April 20, 2021 - Respawn https://twitter.com/Respawn/status/1384711331371044864
"Steak-umm's Twitter Account Feuds With Neil deGrasse Tyson Over Science: 'Log Off Bro'" Newsweek - April 13, 2021 https://www.newsweek.com/steak-umms-twitter-account-feuds-neil-degrasse-tyson-over-science-log-off-bro-1583236
"I hoped that official developer account's negging people because they don't know every piece of video game lore would die out..." Tweet - April 21, 2021 - Chris Plante https://twitter.com/plante/status/1384989394193444865
"obligatory thread to remind people that we’re a brand selling products..." Tweet - April 13, 2021 - Steak-umm https://twitter.com/steak_umm/status/1381824815481421826
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
With a purported copy of the Sony-Capcom marketing agreement for Resident Evil (VII): Village sweeping the internet, many have asked about it's veracity and the functionality of certain of its provisions.
Join us as we take a look at why the language of the agreement suggests it was written by lawyers, why a 10 page document might make sense for an agreement of this type, and why folks may well be reading too far into restrictions on "parity" and access to "Game Pass".
It takes a Village to raise a console...in Virtual Legality.
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Discussed in this episode:
Last of Us Leak Legalities YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-ULKii2yP9AY-Emo1_G8xN
"Limitations on exclusive rights: Fair use" 17 USC 107 https://www.law.cornell.edu/uscode/text/17/107
"Hoeg says it’s definitely a document that is using a framework crafted by lawyers, but..." Tweet - April 20, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1384698867103457281
"Massive Capcom Leaks Reveal Dragon's Dogma 2, Street Fighter 6, and Potentially More" IGN - November 24, 2020 https://www.ign.com/articles/capcom-leak-dragons-dogma-2-street-fighter-6
XBOX CONSOLE PUBLISHER LICENSE AGREEMENT SEC Filing https://www.sec.gov/Archives/edgar/data/712515/000071251520000075/ex-101xboxconsolepubli.htm
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
When Sony announced the closure of the PS3 and PS Vita stores, many took the opportunity to discuss the legacy of these game consoles, the nature (and risk) of games preservation in the digital world, and Sony's business philosophies more generally.
Now, Sony has reversed course, citing the fans of those platforms and their "classic games" in a change of heart that is not common enough in gaming.
Why did this happen? What can we take from such a change?
Let's dive in.
Vita once again means "life"...in Virtual Legality.
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Discussed in this episode:
"Important notices regarding PlayStation® products and services" PlayStation Support Page https://www.playstation.com/en-us/support/important-notice/
"PlayStation Store on PS3 and PS Vita Will Continue Operations" PlayStation Blog - April 19, 2021 - Jim Ryan https://blog.playstation.com/2021/04/19/playstation-store-on-ps3-and-ps-vita-will-continue-operations/
"Some PS Vita Developers Weren't Properly Warned the PSN Store Would Close" IGN - April 2, 2021 (Updated April 19, 2021) https://www.ign.com/articles/some-ps-vita-developers-werent-properly-warned-the-psn-store-would-close
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Sony's oft-forgotten 2019 open world zombie game, Days Gone, is in the news again. This time because it's writer/director, John Gavin, has given quite a few cutting remarks on the nature of the gaming industry to (similarly ex-Sony) creative David Jaffe (Twisted Metal, God of War).
But while the exhortation to buy games at full price is understandable, the Internet never likes to be told what to do.
Is he right? Is he wrong? Is he both?
It may not be full price, but you'll always get my full thoughts...in Virtual Legality.
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Discussed in this episode:
"Days Gone writer says if you love a game, you should buy at full price" Eurogamer - April 18, 2021 https://www.eurogamer.net/articles/2021-04-18-days-gone-writer-has-an-opinion-that-might-piss-off-some-gamers
"DAYS GONE DIRECTOR/CREATOR- JOHN GARVIN INTERVIEW!" YouTube Video - April 16, 2021 - David Jaffe https://youtu.be/yjUrrDPL-Gs
Star Wars Franchise Box Office https://www.boxofficemojo.com/franchise/fr3125251845/
"Sometimes I regret not buying a game once I play it..." Tweet - February 4, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1357480398129922051
"Days Gone Director Thinks Sony is Placing Too Much Emphasis on Metacritic Scores" GamesRant - April 17, 2021 https://gamerant.com/days-gone-sony-metacritic-scores/
WALT DISNEY PICTURES Metacritic Studio Page https://www.metacritic.com/company/walt-disney-pictures
DAYS GONE Metacritic Game Page https://www.metacritic.com/game/playstation-4/days-gone
"A thread of my wonderful experiences with Days Gone right from launch day." Tweet - April 18, 2021 - Hoeg Law https://twitter.com/HoegLaw
"PS4 Exclusive Days Gone Makes the List of 2019's Best-Selling Games" Push Square - January 17, 2020 https://www.pushsquare.com/news/2020/01/ps4_exclusive_days_gone_makes_the_list_of_2019s_best-selling_games
"This is what I said..." Twitter Thread - April 18, 2021 - John Garvin https://twitter.com/John_Garvin/status/1383865953352519689
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Obsidian, Ninja Theory, Double FIne, BETHESDA. We are definitely in an era of consolidation in the game industry, and in any consolidating industry rumors are likely to fly. Now, one of Japan's favorite gaming companies is in the crosshairs.
But for Square Enix, the question becomes, is there any there there?
They can try to Cloud the issue but they won't Snow us...in Virtual Legality.
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Discussed in this episode:
"Hey folks!" Tweet - April 15. 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1382903591300689922
"Multiple potential buyers interested in Square Enix-reporting" Bloomberg Japan - April 16, 2021 https://www.bloomberg.co.jp/news/articles/2021-04-15/QRMDZEDWRGG401
Square Enix Press Release April 16, 2021 https://www.hd.square-enix.com/eng/ir/pdf/20210416_01en.pdf
"What upcoming changes to Japan's FDI regime mean for non-Japanese investors" Orrick Blog Post https://www.orrick.com/en/Insights/2020/03/What-upcoming-changes-to-Japans-FDI-regime-mean-for-non-Japanese-investors
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Lawyers and litigation of the intellectual property in video games, has there ever been a more iconic duo?
Today we take a look at the latest set of cease and desist letters surrounding a popular video game, only this time it's the tiny developer of "Warzone.com" poking the bear that is Activision and their top selling Call of Duty franchise.
How will that turn out? I think we can guess.
This is why Internet companies invent weird new words...in Virtual Legality.
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Discussed in this episode:
"Activision is involved in a trademark dispute with a webgame called Warzone" PC Gamer - April 12, 2021 https://www.pcgamer.com/activision-is-involved-in-a-trademark-dispute-with-a-webgame-called-warzone/
"Protecting Your Trademark" USPTO Publication https://www.uspto.gov/sites/default/files/documents/BasicFacts.pdf
"Activision is suing Warzone" GoFundMe https://www.gofundme.com/f/activision-is-suing-warzone
Activision v Warzone.com https://s3.amazonaws.com/data.warlight.net/other/ActivisionVsWarzoneLawsuit.pdf
"False designations of origin, false descriptions, and dilution forbidden" 15 USC 1125 https://www.law.cornell.edu/uscode/text/15/1125
"Remedies; infringement; innocent infringement by printers and publishers" 15 USC 1114 https://www.law.cornell.edu/uscode/text/15/1114
"About Trademark Infringement" USPTO Website https://www.uspto.gov/page/about-trademark-infringement
"Registration on principal register as evidence of exclusive right to use mark; defenses" 15 USC 1115 https://www.law.cornell.edu/uscode/text/15/1115
"Certificates of registration" 15 USC 1057 https://www.law.cornell.edu/uscode/text/15/1057#c
Burger King of Florida, Inc., v. Gene Hoots 403 F.2d 904 (7th Cir. 1968) https://law.justia.com/cases/federal/appellate-courts/F2/403/904/125418/
"Trademarks registrable on principal register; concurrent registration" 15 USC 1052 https://www.law.cornell.edu/uscode/text/15/1052
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Video game publisher Raw Fury has taken the unusual step of putting its publishing contract onto the Internet, and we couldn't be happier!
In Part VIII of our continuing series, we look at how to end things when the relationship has gone wrong, and just how important clarity is to the process.
Let's dive in.
It's always better to think through the bad before you get there...in Virtual Legality.
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CHAPTERS 00:00 Introduction 01:53 Term and Termination 04:13 A Perpetual Agreement 05:20 Developer's Breach 15:26 Publisher's Breach 23:06 An Alternative Delivery Remedy 27:10 A 12 Month Tail 29:47 Conclusion
Discussed in this episode:
"A Lawyer Reads...A Game Publishing Agreement" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy_VayRrIvRSP64k6oOv9jLi
"About Us" Raw Fury Webpage https://rawfury.com/about/
"Why we are publishing Raw Furys publishing agreement" Raw Fury Webpage https://rawfury.com/why-we-are-publishing-raw-furys-publishing-agreement/
"Developer Resources" Raw Fury Webpage (Click Through Dropbox for Publishing Agreement) https://rawfury.com/developer-resources/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
As Epic v Apple nears its May trial date, the documentation submitted by both parties has reached, ahem...epic proportions.
But while certain forums and outlets attempt to tease out interesting details, the ramifications on the case are a bit more complicated...especially when one of the litigants is having absolutely no trouble making $1B capital raises (and from groups, like Sony, that have an interest in the litigation) seemingly whenever it likes.
Epic's fundraising drops might be better labeled as "Legendary"...in Virtual Legality.
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Discussed in this episode:
An Antitrust Epic YouTube Playlist – Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Epic Is Losing Hundreds of Millions As it Battles To Gain Market Share from Steam" IGN - APril 10, 2021 https://www.ign.com/articles/epic-is-losing-hundreds-of-millions-as-it-battles-to-gain-market-share-from-steam
"Apple Inc.’s Proposed Findings of Fact and Conclusions of Law" Epic vs Apple https://www.scribd.com/document/502037049/21-04-07-Apple-Proposed-Findings-of-Fact-and-Conclusions-of-Law
"FINDINGS OF FACT AND CONCLUSIONS OF LAWPROPOSED BY EPIC GAMES, INC." Epic vs Apple https://www.scribd.com/document/502036985/21-04-08-Epic-Games-Proposed-Findings-of-Fact-and-Conclusions-of-Law
"That’s right!" Twitter Thread - April 10, 2021 - Tim Sweeney https://twitter.com/TimSweeneyEpic/status/1381021318640979968
"How long can Epic afford to throw money at the Epic Games Store?" Ars Technica - April 12, 2021 https://arstechnica.com/gaming/2021/04/how-long-can-epic-afford-to-throw-money-at-the-epic-games-store/
"Announcing a $1 Billion Funding Round to Support Epic’s Long-Term Vision for the Metaverse" Epic Press Release - April 13, 2021 https://www.epicgames.com/site/en-US/news/announcing-a-1-billion-funding-round-to-support-epics-long-term-vision-for-the-metaverse
Epic v Apple Preliminary Injunction Order October 9, 2020 https://www.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.118.0.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
It's not every day that a decade-long Big Tech fight finally gets resolved. And it's also not every day that the Supreme Court decides to get into the weeds to determine and balance the four fair use copyright factors. Combine the two and you have the chance for some real intellectual property fireworks.
Did the Supreme Court clear things up? Or did it make things even more ambiguous and costly for market participants (and litigators)?
You be the judge.
It doesn't take an Oracle to see that this case will have lasting ramifications...in Virtual Legality.
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CHAPTERS
00:00 Introduction 02:35 On Copyrightability 10:47 Fair Use 13:45 Nature of the Protected Work 19:42 Purpose of the Use 26:59 Amount of the Work Taken 31:48 Effect on the Market 38:49 Conclusion
Discussed in this episode:
Google vs Oracle US Supreme Court - Decided April 5, 2021 https://www.supremecourt.gov/opinions/20pdf/18-956_d18f.pdf
"Subject matter of copyright: In general" 17 USC 102 https://www.law.cornell.edu/uscode/text/17/102
"Definitions" 17 USC 101 https://www.law.cornell.edu/uscode/text/17/101
"Limitations on exclusive rights: Fair use" 17 USC 107 https://www.law.cornell.edu/uscode/text/17/107
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Sony and their PlayStation video game console have, for decades, been some of the biggest participants in thegaming industry. But while that participation may not be changing, as Jason Schreier of Bloomberg describes, their business strategy is.
With a focus on blockbuster sequels and remakes (of games you've already played), and an exodus of talent, the question becomes: Are Sony and PlayStation's Glory Days Gone?
It may only take one generation to Bend the consumer confidence curve...in Virtual Legality.
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Discussed in this episode:
"Sony’s Obsession With Blockbusters Is Stirring Unrest Within PlayStation Empire" Bloomberg - April 9, 2021 https://www.bloomberg.com/news/articles/2021-04-09/sony-s-obsession-with-blockbusters-is-stirring-unrest-within-playstation-empire
"Days Gone writer and director both leave Sony Bend Studio" GamesRadar - December 2, 2020 https://www.gamesradar.com/days-gone-writer-and-director-both-leave-sony-bend-studio/
"Not to mention that Sony’s slate here is not just cinematic blockbusters, but the same cinematic blockbusters..." Tweet - April 9, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1380493335396290562
"The ballsy Playstation I was honoured to be a part of seems to be long gone sadly." Tweet - April 9, 2021 - Chris Grannell https://twitter.com/CJGrannell/status/1380501961485717510
"Sony's Entire Press Conference - E3 2014" YouTube Video - June 10, 2014 - IGN https://youtu.be/ozo1EYAjkNM
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
With Twitch now fully cleaned up of any and all untoward behavior on its own platform, Amazon's video game streaming service turns its beneficent eye to the world at large.
But what is a new set of Twitch-authored rules without ambiguous terminology and a whole pile of issues to discuss?
Let's dive in.
It's time to head back to Twitch for cocktails...in Virtual Legality.
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Discussed in this episode:
"Our Plan for Addressing Severe Off-Service Misconduct" Twitch Blog - April 7, 2021 https://blog.twitch.tv/en/2021/04/07/our-plan-for-addressing-severe-off-service-misconduct/
"Targeting Dr. Disrespect: Do Twitch Changes Pose Legal Issues? (VL331)" YouTube Video - October 5, 2020 - Hoeg Law https://youtu.be/WDo9wLiMS6s
"Dr. Disrespect and the Myth of Twitch Transparency (VL427)" YouTube Video - March 22, 2021 - Hoeg Law https://youtu.be/DFc9Z4b_pWY
"Hateful Conduct and Harassment" Twitch - Updated April 7, 2021 https://www.twitch.tv/p/en/legal/community-guidelines/harassment/
"Community Guidelines" Twitch - Updated April 7, 2021 https://www.twitch.tv/p/en/legal/community-guidelines/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
The friendly confines are not so friendly in the video game industry, as Xbox leverages Major League Baseball's growing desire to get its product in front of eyeballs by getting Sony's own MLB The Show '21 put not just on Xbox...but on Game Pass - Day One.
It goes without saying that when a first party game goes day and date to its biggest competitor (and helps to establish the value of that competitor's service offering), there is much to discuss.
We never expected the Base Wars to look quite like this...in Virtual Legality.
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Discussed in this episode:
"MLB The Show 21 is Coming to Xbox Game Pass on Day One" Xbox News Wire - April 2, 2021 https://news.xbox.com/en-us/2021/04/02/mlb-the-show-21-coming-to-xbox-game-pass-day-one/
"WILL MORE PLAYSTATION GAMES COME TO XBOX GAME PASS? ANALYSTS WEIGH IN ON MLB DEAL" The Inverse - April 6, 2021 https://www.inverse.com/gaming/mlb-show-2021-xbox-game-pass-playstation-ps5-ps4
"MLB, MLBPA, Sony Interactive Entertainment & San Diego Studio announce video game partnership extensions" Press Release - December 12, 2021 https://www.mlb.com/press-release/press-release-mlb-mlbpa-sony-interactive-entertainment-san-diego-studio-announce
"Developer Resources" Raw Fury Webpage (Click Through Dropbox for Publishing Agreement) https://rawfury.com/developer-resources/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitch: @hoeglaw Web: hoeglaw.com
With the confirmed closure of the PlayStation 3 and PlayStation Vita online stores this summer, many are raising alarms for video game preservation and the future of the gaming industry.
One such warning shot was fired by the YouTube channel Hikikomori Media, who has claimed that the loss of both the PlayStation's CMOS (PRAM) battery and access to the PlayStation Network (which would come sometime after the loss of access to the store) will "lock out" digital games on the PS3 and both digital and physical games on the PS4.
But with Sony's contracts fairly explicit in the company's right to alter software and online functionality, what legal recourse might consumers have? And what does the Library of Congress have to do with it?
Sony set us up CBOMB...in Virtual Legality.
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Discussed in this episode:
"PlayStation Store for PS3, PS Vita officially closes this summer" Polygon - March 29, 2021 https://www.polygon.com/22356858/playstation-store-shut-down-ps3-ps-vita-psp-date-redownload-purchases
"Your PlayStation Software Has An Expiration Date | The CBOMB Explained - HM" YouTube Video - April 1, 2021 - Hikikomori Media https://youtu.be/vl0582D52ng
"Software Product License Agreement" Sony PlayStation Webpage - Updated August 2020 https://www.playstation.com/en-us/legal/softwarelicense/
"LIMITED HARDWARE WARRANTY AND LIABILITY" Sony PlayStation Webpage https://www.playstation.com/en-us/legal/warranties/ps3/
"PS3 Owners Sue Sony Over Firmware Update" Top Class Actions - April 29, 2010 https://topclassactions.com/lawsuit-settlements/lawsuit-news/626-ps3-owners-sue-sony-over-firmware-update-/
"Circumvention of copyright protection systems" 17 USC 1201 https://www.law.cornell.edu/uscode/text/17/1201
"Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies" Library of Congress - Final Rule (2015 edition) https://cdn.loc.gov/copyright/1201/2015/fedreg-publicinspectionFR.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
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DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitch: @hoeglaw Web: hoeglaw.com
"[Six Days in Fallujah] will also inevitably breed a new generation of mass shooters in America and brainwash gamers into thinking RACISM IS OK." -Change [Dot] Org Petition
Controversial game "Six Days in Fallujah" has gotten even more controversial. But like the developers have promised in respect of its game play, no one could have expected from just where the most recent attack would come.
Same as the Old Censors...in Virtual Legality.
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"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitch: @hoeglaw Web: hoeglaw.com
The District of Columbia, Washington D.C., has long been the seat of the US federal government, but is now receiving strong consideration to become the 51st State.
What does HR 51 actually propose for the District, and does it pass Constitutional muster?
What did the founders (and the Federalist Papers) have to say about the issue, and why is their word unlikely to be the final one on the subject?
What is retro-cession and how does it, the nature of contract law, and the thorny issue of the 23rd Amendment impact the conversation.
DC literally was in the room where it happened...in Virtual Legality.
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Discussed in this episode:
"A Bill to provide for the admission of the State of Washington, D.C. into the Union" HR 51 (2021) https://oversight.house.gov/sites/democrats.oversight.house.gov/files/BILLS-117hr51ih.pdf
"Why Statehood for DC" Washington DC Policy Webpage https://statehood.dc.gov/page/why-statehood-dc
"Sorry. D.C. Statehood Isn’t Likely" Time Website - March 22, 2021 https://time.com/5948974/why-dc-statehood-isnt-likely/
Article IV, US Constitution https://www.law.cornell.edu/constitution/articleiv
Article I, US Constitution https://www.law.cornell.edu/constitution/articlei
"United States Capitol" Wikipedia Entry https://en.wikipedia.org/wiki/United_States_Capitol
Residence Act of 1790 https://memory.loc.gov/cgi-bin/ampage?collId=llsl&fileName=001/llsl001.db&recNum=253
George Washington - Proclamation of January 24, 1791 Avalon Project https://avalon.law.yale.edu/18th_century/gwproc04.asp
"I don't think the Founding Fathers had any intentions regarding South Dakota..." Tweet - March 22, 2021 - Aaron Rupar https://twitter.com/atrupar/status/1374180534176350209
"The Same Subject Continued(The Powers Conferred by the Constitution Further Considered)" Federalist 43 - Madison https://avalon.law.yale.edu/18th_century/fed43.asp
"District of Columbia retrocession" Wikipedia Entry https://en.wikipedia.org/wiki/District_of_Columbia_retrocession
"With Stronger Democratic Support, D.C. Statehood Fight Returns To Capitol Hill" NPR - March 22, 2021 https://www.npr.org/2021/03/22/978975249/with-stronger-democratic-support-d-c-statehood-fight-returns-to-capitol-hill
"S.R.A., Inc. v. Minnesota" 327 U.S. 558 (1946) https://supreme.justia.com/cases/federal/us/327/558/
"What is the Senate filibuster, and what would it take to eliminate it?" Brookings Institute Website https://www.brookings.edu/policy2020/votervital/what-is-the-senate-filibuster-and-what-would-it-take-to-eliminate-it/
Twenty-Third Amendment, US Constitution https://www.law.cornell.edu/constitution/amendmentxxiii
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
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DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitch: @hoeglaw Web: hoeglaw.com
No headline quite lights up the Gaming Internet like "Microsoft in Talks to Buy...", but as in all such cases, there's quite a bit more to it than that.
Is Discord for sale? Why are so many of the sources covered by Bloomberg and VentureBeat/GamesBeat conflicting? And just why would Big Green want a bite of this one?
Let's dive in.
It's Eris, not Eros today (and every day)...in Virtual Legality.
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Discussed in this episode:
"Microsoft in Talks to Buy Discord for More Than $10 Billion" Bloomberg - Updated March 23, 2021 https://www.bloomberg.com/news/articles/2021-03-23/microsoft-said-to-be-in-talks-to-buy-discord-for-more-than-10b
"Pressing Pause on Microsoft/WB Games Rumors (VL259)" YouTube Video - June 6, 2020 - Hoeg Law https://youtu.be/MrgotWNvLhs
"Microsoft Expresses Interest in Acquiring Warner Game Unit" Jessica Toonkel - July 6, 2020 - The Information https://www.theinformation.com/articles/microsoft-expresses-interest-in-acquiring-warner-game-unit
"Discord exploring sale that could be worth more than $10 billion" VentureBeat/GamesBeat - March 22, 2021 https://venturebeat.com/2021/03/22/discord-exploring-sale-that-could-be-worth-more-than-10-billion/
"Fallout 4 Fallout for Microsoft + Bethesda? (VL422)" YouTube Video - February 24, 2021 - Hoeg Law https://youtu.be/qg0S6Hi6jzM
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitch: @hoeglaw Web: hoeglaw.com
Did Epic steal the likeness of Lenwood "Hard Rock" Hamilton in the creation of Augustus "Cole Train" Cole for the Gears of War franchise? If they did, why did multiple courts tell them it's okay?
The Supreme Court may just wind up considering the issue and all the ramifications it has for video games, rights of publicity and likeness, movies, content creation, YouTube, reaction videos, copyright, fair use and more.
You can't copyright your face, but that's not the end of the conversation...in Virtual Legality.
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CHAPTERS 00:00 Introduction 03:25 The Current Court Decision (3rd Cir.) 08:47 The Cert Petition (Questions Presented) 13:01 The Cert Petition (Overview) 20:45 The Cert Petition (Circuit Split) 33:16 Conclusion (Importance of the Question)
Discussed in this episode:
"The Supreme Court requested a response late last week in this case." Tweet - March 22, 2021 - Eriq Gardner https://twitter.com/Joseph_La_Russa/status/1374014239942311942
"Video game characters and veterans’ benefits" SCOTUS Blog - March 19, 2021 https://www.scotusblog.com/2021/03/video-game-characters-and-veterans-benefits/
"Hamilton v. Speight" 3d Cir. Sep. 17, 2020 https://casetext.com/case/hamilton-v-speight-3
Petition for a Writ of Certiorari Hamilton v Speight https://www.supremecourt.gov/DocketPDF/20/20-1123/168849/20210212104438893_Hamilton%20Cert%20Petition.pdf
"Opposing Certiorari in the U.S. Supreme Court" Mayer Brown Website (From ABA Litigation Manual) https://www.mayerbrown.com/en/perspectives-events/publications/1999/01/opposing-certiorari-in-the-us-supreme-court
"Legal Myth Busting: No One (inc. Suzy Lu) Can Copyright Their Face (VL231)" YouTube Video - May 21, 2020 - Hoeg Law https://youtu.be/7MGhoCOaBsU
"The Compendium of U.S. Copyright Office Practices: Chapter 300" https://www.copyright.gov/comp3/chap300/ch300-copyrightable-authorship.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Microsoft's Xbox division has opened the floodgates, spending capital (both social and monetary) left and right to make Game Pass one of the biggest services in the video game industry.
But how does such a strong surge for the company affect the industry at large? And why should even non-Xbox fans be excited about the possibilities?
Exclusives and Outriders and Sarcasm (oh, my!), today...in Virtual Legality.
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Discussed in this episode:
"Officially Welcoming Bethesda to Team Xbox" Xbox News Blog - March 9, 2021 - Phil Spencer https://news.xbox.com/en-us/2021/03/09/officially-welcoming-bethesda-to-the-xbox-family/
"Microsoft + Bethesda Is Official! But About Those Exclusive Games... (VL431)" YouTube Video - March 9, 2021 - Hoeg Law https://youtu.be/_HJulbrWXZM
"Xbox Boss Phil Spencer On Series X Launch, Halo Infinite & Bethesda" Kotaku - October 16, 2020 https://kotaku.com/xbox-boss-phil-spencer-on-series-x-launch-halo-infinit-1845392984/
"Phil Spencer says future Bethesda games will be exclusive to 'platforms where Game Pass exists'" Eurogamer - March 11, 2021 https://www.eurogamer.net/articles/2021-03-11-phil-spencer-says-future-bethesda-games-will-be-exclusive-to-platforms-where-game-pass-exists
"Is OUTRIDERS Coming to Xbox Game Pass? (VLExtra)" YouTube Video - March 12, 2021 - Hoeg Law https://youtu.be/39PUflM3LQU
"Coming Soon to Xbox Game Pass: Outriders, Octopath Traveler, Yakuza 6: The Song of Life, and More" Xbox Blog - March 16, 2021 https://news.xbox.com/en-us/2021/03/16/coming-soon-xbox-game-pass-march-2021-wave-2/
"Download free indie games and PS VR games starting March 25. And get ready: PS4 blockbuster Horizon Zero Dawn will be free for a limited time starting April 19." PlayStation Blog - March 17, 2021 https://blog.playstation.com/2021/03/17/play-at-home-2021-update-10-free-games-to-download-this-spring/
"Next-gen VR on PS5: the new controller" PlayStation Blog - March 18, 2021 https://blog.playstation.com/2021/03/18/next-gen-vr-on-ps5-the-new-controller/
"Xbox’s latest console peripheral reportedly references VR headsets" VGC - March 16, 2021 https://www.videogameschronicle.com/news/xboxs-latest-console-peripheral-reportedly-references-vr-headsets/
"Smart Delivery: Xbox's Bid to End the Console War (Virtual Legality #179)" YouTube Video - February 24, 2020 - Hoeg Law https://youtu.be/4t5Sq3Yh5AA
"Thanks" Tweet - March 19, 2021 - Aaron Greenberg https://twitter.com/aarongreenberg/status/1372924778789494792
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Activision's executive compensation is in the news again, and on the heels of layoff rumors...again.
Just how do they do it?!
Well, activist investor CtW Investment Group, is certainly helping, as they make the case that a "Shareholder Value Creation Incentive" provision in CEO Bobby Kotick's employment agreement is acting as a "loophole" to normal bonus metric calculations...and giving him $200M in the process.
But are they right? And just what do layoffs in Activision's eSports division (or the issuance of $200 BattleNet gift cards) have to do with it anyway?
Negotiated override provisions aren't "loopholes"...in Virtual Legality.
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Discussed in this episode:
"Investor Group Pissed Activision Blizzard CEO Is Getting A $200 Million Payout" Gamespot - March 17, 2021 https://www.gamespot.com/articles/investor-group-pissed-activision-blizzard-ceo-is-getting-a-200-million-payout/1100-6488906/
"Mutiny! EA's Shareholders are NOT Happy (VL282)" YouTube Video - August 11, 2020 - Hoeg Law https://youtu.be/ay4V1T6F9rM
Change to Win Webpage http://www.changetowin.org/
CtW Investment Group "Engagements" https://ctwinvestmentgroup.com/engagements-all/
Form 8-K (Robert A. Kotick Employment Agreement) Filed November 25, 2016 https://www.sec.gov/Archives/edgar/data/718877/000110465916159113/a16-22182_18k.htm
"Activision Fires Dozens Amid Shift Away From Live Events" Bloomberg - March 16, 2021 https://www.bloomberg.com/news/articles/2021-03-16/blizzard-fires-50-people-amid-shift-away-from-live-events?srnd=technology-vp&sref=ExbtjcSG
"Activision Blizzard lays off 50 employees as the company reexamines its live event business" GameDailyBiz - March 17, 2021 https://gamedaily.biz/article/1996/activision-blizzard-lays-off-50-employees-as-the-company-reexamines-its-live-event-business
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
EA's FIFA video game series is no stranger to Virtual Legality, but with "EAGATE" the publisher may just have set off a series of events which could result in the regulation of the entire video game industry.
What happened? Why is it so important to the loot box conversation (and more)?
Let's dive in.
This pinned comment has absolutely no monetary value...in Virtual Legality.
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Discussed in this episode:
"EA investigating ‘EAGate’ allegations that employee sold FIFA Ultimate Team cards for cash" Polygon - March 12, 2021 https://www.polygon.com/22325196/fifa-21-eagate-ultimate-team-item-card-sell
"We are aware of the allegations..." Tweet - March 10, 2021 - EA Sports FIFA https://twitter.com/EASPORTSFIFA/status/1369761277636005888
"#EAGATE" Tweet - March 10, 2021 - Arcade-Fut https://twitter.com/FutArcade/status/1369665861913616392
"An Update on Our Player Item Investigation" EA Sports FIFA Pitch Notes Blog https://www.ea.com/games/fifa/pitch-notes/news/fifa-21-player-item-investigation-update?isLocalized=true
Electronic Arts User Agreement Updated September 8, 2020 https://tos.ea.com/legalapp/WEBTERMS/US/en/PC/
"FIFA Furor! Why the UK may have just stopped Loot Box Bans (VL77) (Hoeg Law)" YouTube Video - July 23, 2019 - Hoeg Law https://youtu.be/vj053LPu93M
"Fifa packs and loot boxes 'not gambling' in UK" BBC News - July 22, 2019 - Zoe Kleinman (https://www.bbc.com/news/technology-49074003)
"Gaming & game of chance" UK Gambling Act 2005, Section 6 (http://www.legislation.gov.uk/ukpga/2005/19/section/6)
"The Surprise Mechanics of the UK’s Troubling New Loot Box Gambling Report (VL101)" YouTube Video - September 13, 2019 - Hoeg Law https://youtu.be/9c6Eh76mEJg
"UK officials call for loot boxes to be regulated like gambling Engadget - September 12, 2019 - Georgina Torbet https://www.engadget.com/2019/09/12/uk-government-loot-boxes-regulation/
"Never Tell Me The Odds: Loot Boxes on Trial with the FTC (VL84) (Hoeg Law)" YouTube Video - August 7, 2019 - Hoeg Law https://youtu.be/YBgme0Cf8LY
Lawful Internet Gaming Act (MI) https://www.michigan.gov/documents/mgcb/Lawful_Internet_Gaming_Act_PA_152_of_2019_684325_7.pdf
"Grand Theft Legislature: Can Illinois REALLY Ban Violent Video Games? (VL424)" YouTube Video - February 25, 2021 - Hoeg Law https://youtu.be/fGuC2RsRkUQ
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
People Can Fly's "Outriders" has had an interesting road to release, but with a seemingly popular demo already out there gaining attention, did Microsoft and Xbox Game Pass just provide the Square Enix published video game its biggest boost yet?
Exact keyword usage is no anomaly...in Virtual Legality.
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Discussed in this episode:
"Uh...that's Outriders." Twitter Thread - March 12, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1370509981146042372
"There's probably a hint about a game in here..." Tweet - March 12, 2021 - Xbox Game Pass https://twitter.com/XboxGamePass/status/1370494813531869186
Outriders Description Square Enix Webpage https://square-enix-games.com/en_US/home2/outriders-chose-your-path-and-prepare-for-enoch
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
It's Official! Microsoft is now the proud owners of a bouncing baby Bethesda (or more precisely it's parent Zenimax, but that confuses the metaphor).
Now that things are actually closed (and $7.5B has changed hands), Microsoft can get to the hard work of figuring out just exactly what they are going to do with the likes of Starfield, Elder Scrolls, Arkane, and the rest. Full exclusives? Timed exclusives? Differing price points?
And with Game Pass as the end, it finds itself with an overabundance of means.
An independent publisher is no more, but the Fallout does not spell Doom...in Virtual Legality.
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Discussed in this episode:
"Officially Welcoming Bethesda to Team Xbox" Xbox News Blog - March 9, 2021 - Phil Spencer https://news.xbox.com/en-us/2021/03/09/officially-welcoming-bethesda-to-the-xbox-family/
"Welcoming the Talented Teams and Beloved Game Franchises of Bethesda to Xbox" Xbox News Blog - September 21, 2020 - Phil Spencer https://news.xbox.com/en-us/2020/09/21/welcoming-bethesda-to-the-xbox-family/
"What Microsoft and Bethesda's Big Deal Means For Xbox And Gaming (VL320)" YouTube Video - September 21, 2020 - Hoeg Law https://youtu.be/RpIEbsDapNY
"NOT MERGED YET: On Microsoft, Bethesda, and Securities Law (Form S-4) (VL429)" YouTube Video - March 5, 2021 - Hoeg Law https://youtu.be/sQVoK8S6JVE
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
The European Union (through its European Commission) has approved the Microsoft + Bethesda merger! That's big news, but apparently not big enough for several major gaming news outlets like GamesIndustry, IGN, Kotaku, and more.
But as we've talked about in this space, while there is much to be commended in investigation via diving through Microsoft's SEC EDGAR filings, Form S-4 and the Securities and Exchange Commission (SEC) aren't the answer.
Big stuff today, but let's get the facts right...in Virtual Legality.
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Discussed in this episode:
"US Securities & Exchange Commission has approved Microsoft/ZeniMax acquisition" Tweet - March 8, 2021 - GamesIndustry https://twitter.com/GIBiz/status/1368918927288524803
"Microsoft's ZeniMax acquisition approved by SEC" GamesIndustry - March 8, 2021 https://www.gamesindustry.biz/articles/2021-03-08-microsofts-zenimax-acquisition-approved-by-sec
"Microsoft's acquisition of ZeniMax (which includes Bethesda) has taken two major steps towards completion" Tweet - March 8, 2021 - IGN https://twitter.com/IGN/status/1368924779445633024
"Microsoft-Bethesda Acquisition Takes Two Major Steps Towards Completion" IGN - March 8, 2021 https://www.ign.com/articles/microsoft-bethesda-acquisition-takes-two-major-steps-towards-completion
"Regulators Approve Microsoft's $7.5 Billion Acquisition Of Bethesda Parent Company Zenimax Media" Kotaku - March 8, 2021 https://kotaku.com/regulators-approve-microsofts-7-5-billion-acquisition-1846429087
Microsoft EDGAR Filings As of March 5, 2021 https://www.sec.gov/cgi-bin/browse-edgar?CIK=0000789019&action=getcompany
Microsoft Form S-4 Filing - Notice of Effectiveness Effective March 4, 2021 https://www.sec.gov/Archives/edgar/data/789019/999999999521000839/9999999995-21-000839-index.htm
Microsoft's S-4 Prospectus (as amended) https://www.sec.gov/Archives/edgar/data/789019/000119312521069628/d30757d424b3.htm
"NOT MERGED YET: On Microsoft, Bethesda, and Securities Law (Form S-4) (VL429)" YouTube Video - March 5, 2021 - Hoeg Law https://youtu.be/sQVoK8S6JVE
"Microsoft to acquire ZeniMax Media and its game publisher Bethesda Softworks" Microsoft Press Release - September 21, 2021 https://news.microsoft.com/2020/09/21/microsoft-to-acquire-zenimax-media-and-its-game-publisher-bethesda-softworks/
"EU approves Microsoft’s $7.5 billion Bethesda acquisition" The Verge - March 8, 2021 https://www.theverge.com/2021/3/8/22315104/microsoft-bethesda-acquisition-eu-approval-deal
"Premerger Notification and the Merger Review Process" FTC Website https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/mergers/premerger-notification-merger-review
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
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DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
From "Vault" to securities filing investigations, gamers are clearly eager to see the consummation of the Microsoft + Bethesda merger, but while there is much to be commended about the current deep dive through Microsoft's SEC EDGAR filings, Form S-4 isn't (and won't fully be) the answer.
Let's talk about securities registration!
Folks are on the right track, but not quite there yet...in Virtual Legality.
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Discussed in this episode:
"I'd need to get more input from an actual lawyer..." Tweet - March 5, 2021 - Klobrille https://twitter.com/klobrille/status/1367807278557126659
Microsoft EDGAR Filings As of March 5, 2021 https://www.sec.gov/cgi-bin/browse-edgar?CIK=0000789019&action=getcompany
Microsoft Form S-4 Filing - Notice of Effectiveness Effective March 4, 2021 https://www.sec.gov/Archives/edgar/data/789019/999999999521000839/9999999995-21-000839-index.htm
"Securities Act of 1933" Wikipedia Entry https://en.wikipedia.org/wiki/Securities_Act_of_1933
SEC Form S-1 https://www.sec.gov/about/forms/forms-1.pdf
"Reclassification of securities, mergers, consolidations and acquisitions of assets." 17 CFR 230.145 (Rule 145) https://www.law.cornell.edu/cfr/text/17/230.145
Form S-4 https://www.sec.gov/about/forms/forms-4.pdf
Microsoft's S-4 Prospectus (as amended) https://www.sec.gov/Archives/edgar/data/789019/000119312521069628/d30757d424b3.htm
Microsoft Investor Relations - SEC Filings https://www.microsoft.com/en-us/Investor/sec-filings.aspx
Microsoft S-4 Filing (February 16, 2021) https://microsoft.gcs-web.com/static-files/e8b5731f-34c5-4107-a0d0-520c5330ce77
Form of Merger-Facing Form S-4 Elastic + Endgame https://www.sec.gov/Archives/edgar/data/1707753/000119312519211245/d509645ds4.htm
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
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DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Marvel's Avengers may not have set the video game industry on fire, but that doesn't mean that Square Enix and Crystal Dynamics won't yet take the torch to their own product.
But is there some kind of method to their madness? Or is this just another case of a game developer not realizing what makes live service games tick?
Let's dive in.
It's a bold strategy, Iron Man, we'll see how it plays out for them...in Virtual Legality.
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Discussed in this episode:
"US NPD SW - 2020 Top 20 Sellers" Tweet - January 15, 2021 - Mat Piscatella https://twitter.com/MatPiscatella/status/1350079277941755905?s=20
"Marvel’s Avengers has a surprisingly good campaign thanks to Ms. Marvel" The Verge - September 4, 2020 https://www.theverge.com/21422708/marvel-avengers-review-single-player-campaign-ps4-xbox-pc
"WandaVision Is Currently The Most Popular TV Show in the World" ScreenRant - February 13, 2021 https://screenrant.com/wandavision-world-most-popular-show-marvel-disney/
"Square Enix - reported Yen6.5bn loss for HD Games driven by Marvel Avengers..." Tweet - November 6, 2020 - David Gibson https://twitter.com/gibbogame/status/1324754312279465991
"UpcomingCosmeticandXPRework" Avengers Blog - March 3, 2021 https://avengers.square-enix-games.com/en-us/news/cosmetic-xp-rework/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
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DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Twitch has announced an all new commitment to transparency - the Global Transparency Report! That's great, especially considering the mysterious circumstances surrounding the termination of one of their most popular streamers - Dr. Disrespect!
But does Twitch actually make clear that or any of the other biggest questions facing the platform?
And how does all of that relate to Twitch's purported role in keeping Dr. Disrespect out of a Call of Duty tournament (Toronto Ultra)?
Let's dive in.
CHECK OUT THE VIDEO AT: https://youtu.be/DFc9Z4b_pWY
Twitch keeps using that word, "Transparency", but we do not think it means what they think it means..in Virtual Legality.
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CHAPTERS 00:00 Introduction 01:28 The Report to the Report 03:24 Dr. Disrespect and Toronto Ultra 11:48 Transparency as Public Relations 22:07 Cracks in the Foundation 33:22 Conclusion
Discussed in this episode:
"Today we released our first ever global Transparency Report..." Tweet - March 2, 2021 - Twitch https://twitter.com/Twitch/status/1366810673716600840
"Keeping Our Community Safe: Twitch 2020 Transparency Report" Twitch Blog - March 2, 2021 https://blog.twitch.tv/en/2021/03/02/keeping-our-community-safe-twitch-2020-transparency-report/
"Twitch Bans Dr. Disrespect - A Legal Discussion" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy98pOuP1cC8o7nraoJEcmuG
"Dr Disrespect Blocked From Competing in Call of Duty Tournament" GameRant - February 28, 2021 https://gamerant.com/call-of-duty-warzone-dr-disrespecy-tournament-blocked/
"Contracts in Restraint of Trade" CA Business and Professions Code 16600 https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=7.&chapter=1.∂=2.&lawCode=BPC
"Transparency Report 2020" Twitch - March 2, 2021 https://www.twitch.tv/p/en/legal/transparency-report/
"Community Guidelines" Twitch - Updated January 22, 2021 https://www.twitch.tv/p/en/legal/community-guidelines/
"Hateful Conduct and Harassment" Twitch - Updated January 22, 2021 https://www.twitch.tv/p/en/legal/community-guidelines/harassment/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
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DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Video game developer Frogwares is no stranger to publisher-related controversies, but in accusing its former publisher Nacon (Big Ben Interactive) of deliberately hacking and modifying its game, The Sinking City, so as to resell it without their knowledge, things have gotten a bit...strange.
A ton of contract and intellectual property "madness" to break down here. Let's, ahem, "dive" in.
You've lost that Sinking City, now it's gone, gone, gone...in Virtual Legality.
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CHAPTERS 00:00 Introduction 01:40 Frogwares Accuses Nacon of Piracy 03:59 The Contract Breach Claim 09:33 The Termination Letter 11:20 Force Majeure 14:35 Frogwares Describes the Hack 28:09 Frogwares Names Names 31:21 Conclusion
Discussed in this episode:
"Frogwares has not created the version of [The Sinking City]..." Tweet - February 26, 2021 - Frogwares https://twitter.com/Frogwares/status/1365385278140133378
"How Nacon Cracked and Pirated The Sinking City" Frogwares Blog - March 1, 2021 https://frogwares.com/how-nacon-cracked-and-pirated-the-sinking-city/
"The Sinking City is Being Delisted. Here’s Why" Frogwares Blog - August 25, 2020 https://frogwares.com/the-sinking-city-is-being-delisted-heres-why/
Big Ben/Nacon Termination Letter 21 April 2020 https://drive.google.com/file/d/1-guV73qgpaEfp4fqYyIQazrRKSIsB6Fx/view
"A Lawyer Reads...A Game Publishing Agreement" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy_VayRrIvRSP64k6oOv9jLi
"Circumvention of copyright protection systems" 17 USC 1201 https://www.law.cornell.edu/uscode/text/17/1201
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Video game publisher Raw Fury has taken the unusual step of putting its publishing contract onto the Internet, and we couldn't be happier!
In Part VII of our continuing series, we look at the cost of a broken promise and one of the most heavily negotiated sections of any contract: indemnification.
Let's dive in.
"Hold Harmless" provisions are anything but harmless...in Virtual Legality.
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CHAPTERS 00:00 Introduction 04:53 Developer's Indemnification Obligation 13:29 Fixing Infringements 20:17 Publisher's Indemnification Obligation 22:38 Conclusion
Discussed in this episode:
"A Lawyer Reads...A Game Publishing Agreement" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy_VayRrIvRSP64k6oOv9jLi
"About Us" Raw Fury Webpage https://rawfury.com/about/
"Why we are publishing Raw Furys publishing agreement" Raw Fury Webpage https://rawfury.com/why-we-are-publishing-raw-furys-publishing-agreement/
"Developer Resources" Raw Fury Webpage (Click Through Dropbox for Publishing Agreement) https://rawfury.com/developer-resources/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Hey, look! It's another societal ill! What can we blame it on this time? Oh, I know...the same thing we always blame it on: violent video games.
But can Illinois Representative Marcus Evans, or his great state, actually prohibit all sales of video games like Grand Theft Auto, just because the state might define them as "violent"? What do carjackings have to do with this?
And...how has this not been answered before now? (HINT: It has.)
Maybe "to the best of my ability" isn't a high enough standard...in Virtual Legality.
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Discussed in this episode:
"Ban sale of Grand Theft Auto, other violent video games, state rep says" Chicago Sun-Times - February 22, 2021 https://chicago.suntimes.com/news/2021/2/22/22295471/grand-theft-auto-illinois-ban-violent-video-games-carjackings-evans-operation-safe-pump
HB3531 Proposed Illinois Bill https://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=110&GA=102&DocTypeId=HB&DocNum=3531&GAID=16&LegID=132549&SpecSess=&Session=
"Constitution of the State of Illinois" https://www.ilga.gov/commission/lrb/con13.htm
"Government Restraint of Content of Expression" Cornell/LII https://www.law.cornell.edu/constitution-conan/amendment-1/government-restraint-of-content-of-expression#fn1339
Amendment I US Constitution https://www.law.cornell.edu/constitution/first_amendment
"Amendment XIV" US Constitution https://www.law.cornell.edu/constitution/amendmentxiv
"WINTERS v. PEOPLE OF STATE OF NEW YORK" 333 US 507 (1947) https://www.law.cornell.edu/supremecourt/text/333/507
"STANLEY v. GEORGIA" 394 U.S. 557 (1969) https://www.law.cornell.edu/supremecourt/text/394/557
"Brown, et al. v. Entertainment Merchants Assn. et al." 564 U.S. 786 (2011) https://supreme.justia.com/cases/federal/us/564/786/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitch: @hoeglaw Web: hoeglaw.com
When E3 darling Anthem was finally released by BioWare in the winter of 2019, it landed with a thud not unlike one of its crashing Javelin robot suits.
But when, in 2020, instead of abandoning the project, BioWare publicly acknowledged its failings and pledged to correct them, well, one might even have applauded the company for deciding to spend money and time when it just as easily could have moved on.
But, alas, such things were not to be.
CHECK OUT THE VIDEO AT: https://youtu.be/dvcKI4y7q7Q
Things fall apart, the Anthem cannot hold...in Virtual Legality.
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Discussed in this episode:
"Anthem Update" BioWare Blog - February 24, 2021 - Christian Dailey https://blog.bioware.com/2021/02/24/anthem-update/
"Anthem Update" BioWare Blog - February 10, 2020 - Casey Hudson https://blog.bioware.com/2020/02/10/anthem-update-february-10/
"May Anthem Update" BioWare Blog - May 15, 2020 - Christian Dailey https://blog.bioware.com/2020/05/15/may-anthem-update/
"BioWare Leaderless? EA Statement Leaves More Questions Than Answers (VL365)" YouTube Video - December 4, 2020 - Hoeg Law https://youtu.be/MfNiz93P7zo
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitch: @hoeglaw Web: hoeglaw.com
When news breaks of a little-known, year-old litigation potentially upending one of the biggest video game acquisitions of all time...people take notice.
But for Microsoft, Bethesda and Zenimax, the question remains: It there anything actually there?
Plaintiffs. Plaintiffs never change...in Virtual Legality.
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Discussed in this episode:
"Bethesda faces broad class-action lawsuit over Fallout 4 DLC as Microsoft takeover looms" Venture Beat/Games Beat - February 23, 2021 https://venturebeat.com/2021/02/23/bethesda-faces-broad-class-action-lawsuit-over-fallout-4-dlc-as-microsoft-takeover-looms/
"Bethesda faces lawsuit over Fallout 4 DLC" Games Industry Biz - February 24, 2021 https://www.gamesindustry.biz/articles/2021-02-24-bethesda-faces-lawsuit-over-fallout-4-dlc
"Fallout 4's big Season Pass promise" Eurogamer - September 9, 2015 https://www.eurogamer.net/articles/2015-09-09-fallout-4s-big-season-pass-promise
"Does FALLOUT 4’s Season Pass Include Creation Club Content?" Comics Verse - September 17, 2017 https://comicsverse.com/fallout-4s-season-pass-include-creation-club-content/
Fallout 4 PS4 Cover (Back) https://www.mobygames.com/game/playstation-4/fallout-4/cover-art/gameCoverId,349628/
"Software Product License Agreement" PlayStation Website https://www.playstation.com/en-us/legal/softwarelicense/
Fallout 4 Xbox Cover (Back) https://gamefaqs.gamespot.com/xboxone/164593-fallout-4/images/1594657
Zenimax Terms of Service As of October 17, 2015 https://web.archive.org/web/20151017065506/https://www.zenimax.com/legal_terms_us
Fallout 4 PS4 Instruction Manual https://assets.ctfassets.net/rporu91m20dc/2KZQ1dePy0cOSK0AqekySK/bf8e90962701acda5f785ee00663cefd/manual_fallout4_ps4_en-us.pdf
"it's like mini DLCs" Tweet - August 28, 2017 - Pete Hines https://twitter.com/DCDeacon/status/902224407002787846?fbclid=IwAR0aQzmfKB7pGylA7idAXT34Y1EUACDmMF6WUCUGYOYLQX7P34OPaPNhnxA
"Understanding Mergers: 'No, Microsoft isn't Renaming Zenimax as Vault' (VL413)" YouTube Video - February 10, 2021 - Hoeg Law https://youtu.be/_VGEDapj2TE
"Basics in M&A: Indemnification Provisions" Arnold and Porter Website https://www.arnoldporter.com/en/perspectives/publications/2016/03/20160323_basics_in_ma_indemnification_pr_12768
DLA Piper Global Litigation Guide US Prejudgment Attachments and Freezing Orders https://www.dlapiperintelligence.com/litigation/insight/index.html?c=US&t=08-prejudgment-attachments-and-freezing-orders
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitch: @hoeglaw Web: hoeglaw.com
Oh, it's a random Tuesday in February. Let's see what's brewing in the pages of British GQ? Announcements on PS5 manufacturing, the 2021 PlayStation schedule, the future of PSVR and PC Ports (including Hoeg Law favorite Days Gone), and...some Cyberpunk 2077 shade? Well that just makes perfect sense.
Let's take a look.
At this point, we fully expect to see the next PlayStation news dump in the University of Michigan Law Review...in Virtual Legality.
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CHAPTERS 00:00 Introduction 04:19 PS5 Manufacturing Difficulties 08:42 The 2021 Games Lineup 11:04 Throwing Some Cyberpunk Shade 14:28 Game Delays 16:52 The Future of PSVR 22:00 The PC Future 29:59 Conclusion (Support for Japan)
Discussed in this episode:
"PlayStation’s Jim Ryan: ‘We’re making a completely new VR format for PS5’" British GQ - February 23, 2021 https://www.gq-magazine.co.uk/culture/article/playstation-vr-jim-ryan-interview-2021
"Sony Removes Cyberpunk 2077 from PlayStation (PSN) INDEFINITELY (VL374)" YouTube Video - December 17, 2020 - Hoeg Law https://youtu.be/-L_IxPrtkuY
"PlayStation boss reiterates PS5’s Japanese support: ‘We’re strengthening ties’" VGC - February 23, 2021 https://www.videogameschronicle.com/news/playstation-boss-reiterates-ps5s-japanese-support-were-strengthening-ties/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitch: @hoeglaw Web: hoeglaw.com
When Liam Robertson of "Did You Know Gaming?" tweeted out that the lead designer of anticipated Harry Potter-verse game Hogwarts Legacy was in fact "a far right YouTuber who used to make anti-fem and pro GG vids" the response from the games journalism industry (and social media in general) was as swift as it was predictable.
But that fact in itself is worthy of discussion.
Disagreement does not make another's mind 'unreasonable'...in Virtual Legality.
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Discussed in this episode:
"I know this is just shocking..." Tweet - February 19, 2021 - Liam Robertson https://twitter.com/Doctor_Cupcakes/status/1362919930698596360
"As someone targeted by this channel, you should not buy this game." Tweet - February 21, 2021 - Brianna Wu https://twitter.com/BriannaWu/status/1363561094913134599
"Hogwarts Legacy Lead Designer Used To Run Anti-Social Justice YouTube Channel" Kotaku - February 21, 2021 https://kotaku.com/hogwarts-legacy-lead-designer-used-to-run-anti-social-j-1846316222
"Hogwarts Legacy Lead Designer Has History Of Anti-Social Justice Content" ScreenRant - February 21, 2021 https://screenrant.com/hogwarts-legacy-lead-designer-anti-social-justice/
"Hogwarts Legacy lead designer is Troy Leavitt, a game developer who used to make anti-feminist and pro gamer-gate videos" ResetEra Thread https://www.resetera.com/threads/hogwarts-legacy-lead-designer-is-troy-leavitt-a-game-developer-who-used-to-make-anti-feminist-and-pro-gamer-gate-videos.381606/page-7#post-59075007
Troy Leavitt Twitter Page https://twitter.com/Troylus_true
Troy Leavitt YouTube Page https://www.youtube.com/c/TroyLeavitt/videos
"Games Journalism, Cliques, and Conformity (Virtual Legality #178)" YouTube Video - February 20, 2020 - Hoeg Law https://youtu.be/ynvvyt2dfq4
"Anonymous Games Journalist Speaks Out! More Cliques and Conformity (Virtual Legality #180)" YouTube Video - February 25, 2020 - Hoeg Law https://youtu.be/r-hjqMEd1Q0
"The Games Media Clique and The Fear To Speak Up" BlogSpot Blog - February 24, 2020 - Anonymous https://throwawayblog234567.blogspot.com/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitch: @hoeglaw Web: hoeglaw.com
With the official Epic vs Apple court fight (at least) 3 months away, the parties continue the unheralded and resource-intensive process of pulling thousands of documents together from all corners of the globe.
And one of those corners? Bellvue, Washington, home of the little PC company that could, Valve Corporation.
But what's Valve got to do with it? Quite a lot actually.
Let's jump in.
Maybe they should have tried to subpoena Half-Life 3...in Virtual Legality.
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CHAPTERS 00:00 Introduction 02:30 A Subpoena Fight 15:28 The Subpoena Power 20:39 The Importance of Setting the Market 24:42 Conclusion (Valve Makes Epic's Case)
Discussed in this episode:
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Apple subpoenas Valve as part of its legal battle with Epic: Valve fights back" PC Gamer - February 19, 2021 https://www.pcgamer.com/apple-subpoenas-valve-as-part-of-its-legal-battle-with-epic-valve-fights-back/
Joint Discovery Letter - Epic v Apple https://www.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.346.0.pdf
"Subpoena" Federal Rules of Civil Procedure: Rule 45 https://www.law.cornell.edu/rules/frcp/rule_45
"Injunction Disjunction: Epic Loss for Fortnite/Epic Win for Unreal! (VL336)" YouTube Video - October 10, 2020 - Hoeg Law https://youtu.be/2EE9HvQ7z14
Epic v Apple Preliminary Injunction Order October 9, 2020 https://www.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.118.0.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitch: @hoeglaw Web: hoeglaw.com
Outrage follows Facebook's decision to cut off news dissemination on its platform in Australia. But just whose fault is it, really?
(And why do these legislatures keep making me defend Big Tech companies?
Let's jump in.
You get less of what you punish...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/nNq2p3XkKHc
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Discussed in this episode:
"Facebook restricts users in Australia from sharing or viewing news links" TechCrunch - February 17, 2021 https://techcrunch.com/2021/02/17/facebook-restricts-users-in-australia-from-sharing-or-viewing-news-links-in-response-to-proposed-legislation/
"Outrage as Facebook blocks access to news content in Australia" NBC News - February 18, 2021 https://www.nbcnews.com/tech/tech-news/outrage-facebook-blocks-access-news-content-australia-rcna297
"How Australia is Changing Facebook's Terms of Service (VL306)" YouTube Video - September 4, 2020 - Hoeg Law https://youtu.be/8rRsRDSvjXg
Facebook Terms of Service Updated October 22, 2020 https://www.facebook.com/terms.php
News Media and Digital Platforms Mandatory Bargaining Code Draft Explanatory Materials https://www.accc.gov.au/system/files/Exposure%20Draft%20EM%20-%20NEWS%20MEDIA%20AND%20DIGITAL%20PLATFORMS%20MANDATORY%20BARGAINING%20CODE%20BILL%202020.pdf
"An Update About Changes to Facebook’s Services in Australia" Facebook Webpage - August 31, 2020 - Will Easton https://about.fb.com/news/2020/08/changes-to-facebooks-services-in-australia/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitch: @hoeglaw Web: hoeglaw.com
Failing in its initial lobbying efforts and facing certain softness in the present state of the US antitrust laws, Epic Games takes it Free Fortnite show on the road...to the friendly regulatory confines of the European Union.
But while Epic might be sensing which way the wind is blowing, it remains a uniquely ill-suited figure to take up the fight.
Let's jump in.
If you start the organization, pay for the lobbyist (twice), and draft the legislation, we think you can take credit...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/6c239LCo1qw
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Discussed in this episode:
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Free Fortnite? North Dakota May Just Have Epic's Back (VL415)" YouTube Video - February 11, 2021 - Hoeg Law https://youtu.be/2MabqWN1FmE
"Legislation: Drafted and Paid For By Epic Games (VL417)" YouTube Video - February 15, 2021 - Hoeg Law https://youtu.be/ImcxvWV9L4Y
"But efforts to combat the App Store are mounting elsewhere, thanks to Epic Games and its partners." Tweet - February 16, 2021 - Nick Statt https://twitter.com/nickstatt/status/1361798953335885824
"North Dakota's effort to combat app store monopolies is awesome for consumers and developers." Tweet - February 17, 2021 - Tim Sweeney https://twitter.com/TimSweeneyEpic/status/1361789614722269186
"Senator Klobuchar Introduces Sweeping Bill to Promote Competition and Improve Antitrust Enforcement" Senator Klobuchar Press Release - February 4, 2021 https://www.klobuchar.senate.gov/public/index.cfm/2021/2/senator-klobuchar-introduces-sweeping-bill-to-promote-competition-and-improve-antitrust-enforcement
"Sen. Klobuchar proposes sweeping change in antitrust law" Marketplace Website - February 4, 2021 https://www.marketplace.org/2021/02/04/sen-klobuchar-proposes-sweeping-change-in-antitrust-law/
"‘Fortnite’ Maker Epic Games Extends Legal Battle With Apple to Europe" Wall Street Journal - February 17, 2021 https://www.wsj.com/articles/fortnite-maker-epic-games-extends-legal-battle-with-apple-to-europe-11613545200
"Epic Game Files EU Antitrust Complaint Against Apple" Epic Games Blog - February 17, 2021 https://www.epicgames.com/site/en-US/news/epic-games-files-eu-antitrust-complaint-against-apple
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitch: @hoeglaw Web: hoeglaw.com
What role do Tim Sweeney, Epic Games, and the Coalition for App Fairness have in North Dakota's legislative process? It might be more than you think.
We can neither protect you nor desire to make decisions for you...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/ImcxvWV9L4Y
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PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
Discussed in this episode:
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Free Fortnite? North Dakota May Just Have Epic's Back (VL415)" YouTube Video - February 11, 2021 - Hoeg Law https://youtu.be/2MabqWN1FmE
SB 2333 North Dakota Senate Bill -First Draft https://www.legis.nd.gov/assembly/67-2021/documents/21-1044-01000.pdf
SB 2333 North Dakota Senate Bill (Engrossed) https://www.legis.nd.gov/assembly/67-2021/documents/21-1044-03000.pdf
"It Was A Trap!!! A Lawyer Discusses Epic vs Apple (Fortnite Lawsuit) (VL286)" YouTube Video - August 13, 2020 - Hoeg Law https://youtu.be/y04zz5g1_08
"A Problem of "Fairness": Epic Forms a Coalition to Fight Apple (VL324)" YouTube Video - September 25, 2020 - Hoeg Law https://youtu.be/MRyZ2hD4_r0
"I alone can protect you and make decisions for you” is the timeless sales pitch for tyranny." Tweet - February 11, 2021 - Tim Sweeney https://twitter.com/TimSweeneyEpic/status/1359790273228902407
"our vision for the future" Coalition for App Fairness Website https://appfairness.org/our-vision/
"Big Tech’s Unlikely Next Battleground: North Dakota" New York Times - February 14, 2021 https://www.nytimes.com/2021/02/14/technology/north-dakota-tech-apps.html
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitch: @hoeglaw Web: hoeglaw.com
The regulators are coming, the regulators are coming. When stock prices spike like they did in the great WallStreetBets GameStop Buy-A-Thon of 2021, you can bet that lawmakers and government agencies will be very interested to look things over.
Now the Department of Justice, House of Representatives, Securities and Exchange Commission, and (many) more are directing their considerable legislative and judicial powers on some you might expect...and perhaps some you may not.
Let's dive in.
The DOJ, SEC, House and more mount up...in Virtual Legality.
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"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twithttps://www.uspto.gov/trademarks/basics/trademark-patent-or-copyrightter: @hoeglaw Web: hoeglaw.com
It's Epic vs Apple! But this time by proxy in the great state of North Dakota! But what does the land of liberty and union and home of "The World's Largest Holstein Cow," have with the tech wars?
As it turns out...everything.
Join us as we discuss the more northerly Dakota's proposal to make Epic's claims against Apple law, how Tim Sweeney and other developers have reacted, and just what problems may be facing the proposal in the future.
We don't even have a moderately sized Holstein cow...in Virtual Legality.
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PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store
Discussed in this episode:
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Apple says a new North Dakota bill could destroy the iPhone as we know it" iMore - February 11, 2021 https://www.imore.com/apple-says-new-north-dakota-bill-could-destroy-iphone-we-know-it
"I alone can protect you and make decisions for you” is the timeless sales pitch for tyranny." Tweet - February 11, 2021 - Tim Sweeney https://twitter.com/TimSweeneyEpic/status/1359790273228902407
"North Dakota Senate bill targets 'monopolistic' app stores" Bismarck Tribune - February 9, 2021 https://bismarcktribune.com/news/local/govt-and-politics/north-dakota-senate-bill-targets-monopolistic-app-stores/article_dc491c88-97e0-54cd-beb2-5a26044cb97c.html
"New North Dakota bill would force Apple to allow alternative app stores and payment systems" The Verge - February 10, 2021 https://www.theverge.com/2021/2/10/22276511/north-dakota-senate-bill-2333-apple-google-app-store-antitrust-monopoly
SB 2333 North Dakota Senate Bill https://www.legis.nd.gov/assembly/67-2021/documents/21-1044-01000.pdf
US Constitution Article 1, Section 8 https://www.law.cornell.edu/constitution/articlei
"Wickard v Filburn: The Commerce Power Unmoored (Hoeg Law)" YouTube Video - April 8, 2020 - Hoeg Law https://youtu.be/6I-Iz109rdY
"Commerce Clause" Legal Information Institute Webpage https://www.law.cornell.edu/wex/commerce_clause
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twithttps://www.uspto.gov/trademarks/basics/trademark-patent-or-copyrightter: @hoeglaw Web: hoeglaw.com
Video game publisher Raw Fury has taken the unusual step of putting its publishing contract onto the Internet, and we couldn't be happier!
In Part VI of our continuing series, we look at the promises developer and publisher make to each other. Can I sign this? Can I keep it secret? Keep it safe?
This is going to be fun, so let's dive in.
Gamers know a little something about covenants...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/MmQn582PDBc
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CHAPTERS 00:00 Introduction 05:03 Organization and Authority 16:45 Performance and Operation 23:07 Open Source and Legal Compliance 31:55 Confidentiality 35:51 Conclusion
Discussed in this episode:
"A Lawyer Reads...A Game Publishing Agreement" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy_VayRrIvRSP64k6oOv9jLi
"About Us" Raw Fury Webpage https://rawfury.com/about/
"Why we are publishing Raw Furys publishing agreement" Raw Fury Webpage https://rawfury.com/why-we-are-publishing-raw-furys-publishing-agreement/
"Developer Resources" Raw Fury Webpage (Click Through Dropbox for Publishing Agreement) https://rawfury.com/developer-resources/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Mergers and acquisitions. It's easy enough to assume that when a company like Microsoft says it's going to "buy" Zenimax, then it's just the simple matter of wiring the right amount of money into the right shareholder accounts, but...the law is never quite so simple.
Now, EU regulators have received documents talking about a new Microsoft entity called "Vault" and some...have gotten the wrong idea.
Reverse or forward we love all kinds of mergers...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/_VGEDapj2TE
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Discussed in this episode:
"What Microsoft and Bethesda's Big Deal Means For Xbox And Gaming (VL320)" YouTube Video - September 21, 2020 - Hoeg Law https://youtu.be/RpIEbsDapNY
"Microsoft Plans To Merge ZeniMax Into A New Subsidiary Called ‘Vault’, PS5 Releases For Future Bethesda Games Still Up In The Air" PSU - February 9, 2021 https://www.psu.com/news/microsoft-plans-to-merge-zenimax-into-a-new-subsidiary-called-vault-ps5-releases-for-future-bethesda-games-still-up-in-the-air/
Reddit Thread on "Vault" https://www.reddit.com/r/Games/comments/lghmnp/microsoft_plans_to_merge_zenimax_into_a_new/
"Prior notification of a concentration" EU Filing https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52021M10001&from=EN
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twithttps://www.uspto.gov/trademarks/basics/trademark-patent-or-copyrightter: @hoeglaw Web: hoeglaw.com
CD Projekt and CD Projekt Red (CDPR), makers of perhaps the most controversial game release of 2020, Cyberpunk 2077, have apparently found themselves on the wrong end of their own hacking drama.
Many are questioning the validity of their claim. Many more are suggesting that the Polish game maker "deserved" it.
But the law is at its most valuable when it protects those that popular opinion would prefer it not...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/zDpVuxLPJLo
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Discussed in this episode:
"Cyberpunk 2077 Studio Alleges Malicious Hackers Are Threatening Major Data Leak" Game Informer - February 9, 2021 https://www.gameinformer.com/2021/02/09/cyberpunk-2077-studio-alleges-malicious-hackers-are-threatening-major-data-leak
"Important Update" Tweet - February 9, 2021 - CD Projekt Red https://twitter.com/CDPROJEKTRED/status/1359048125403590660
"Fraud and related activity in connection with computers" 18 USC 1030 https://www.law.cornell.edu/uscode/text/18/1030
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twithttps://www.uspto.gov/trademarks/basics/trademark-patent-or-copyrightter: @hoeglaw Web: hoeglaw.com
Terraria co-creator Andrew Spinks in a series of tweets, has pulled Terraria from (what was apparently future) Stadia support, and further outlined the many ways in which Google's actions and subsequent silence have negatively affected him.
Is "doing business with" Google really "a liability"? And what concerns should everyone have with this set of events, especially in a world where so many companies have their hands in so many different walks of life.
Let's dive in.
Freedom (of Contract) is just another word for everything to lose...in Virtual Legality.
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Discussed in this episode:
"The co-creator of Terraria has canceled its upcoming Google Stadia version..." Tweet - February 8, 2021 - IGN https://twitter.com/IGN/status/1358725223583989761
"Terraria on Stadia Canceled After Developer Is Locked Out Of Google Accounts" IGN - February 8, 2021 https://www.ign.com/articles/terraria-on-stadia-canceled-after-developer-is-locked-out-of-google-accounts?sf137781382=1
h/t LinkGuy https://twitter.com/linkguy456/status/1358755166728560640
"my account has now been disabled for over 3 weeks." Tweet - February 8, 2021 - Andrew Spinks https://twitter.com/Demilogic/status/1358661840402845696
"Oculus Terms Of Service" Updated October 11, 2020 https://www.oculus.com/legal/terms-for-oculus-account-users/
"Microsoft Services Agreement" Effective October 1, 2020 https://www.microsoft.com/en-US/servicesagreement
Google "Terms of Service" https://policies.google.com/terms
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twithttps://www.uspto.gov/trademarks/basics/trademark-patent-or-copyrightter: @hoeglaw Web: hoeglaw.com
The nemesis system found in WB's Shadow of Mordor (and its follow-up Shadow of War), has long been lauded for adding an interesting bit of personality and flexibility into the sometimes tired genre of the open world action-adventure.
But while many have wondered why we haven't seen the system utilized in other games, the answer is perhaps the true nemesis of the story: patent law.
What has WB patented? What is a "method" patent and why is it different from how some may be interpreting it? Could the patent be invalidated? And what are the most significant barriers to such invalidation?
Let's dive in.
The great eye of patent law is ever watchful....in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/zmaCuPx3_1E
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CHAPTERS 00:00 Introduction 01:13 WB Patents the Nemesis System (and Reaction) 03:15 Intellectual Property Types 5:37 Patents in Particular 7:08 A (brief) Look at the Nemesis Claims 13:26 Nemesis Weaknesses - Timing 14:54 Nemesis Weaknesses - Novelty and Obviousness 23:17 Nemesis Weaknesses - Totality Requirement 27:01 Conclusion
Discussed in this episode:
"WB Games' Nemesis System Patent Was Approved This Week After Multiple Attempts" IGN - February 5, 2021 https://www.ign.com/articles/wb-games-nemesis-system-patent-was-approved-this-week-after-multiple-attempts
"Warner Bros. receives criticism for patenting Shadow of Mordor’s Nemesis System" VGC - February 6, 2021 https://www.videogameschronicle.com/news/warner-bros-receives-criticism-for-patenting-shadow-of-mordors-nemesis-system/
"Trademark, Patent, or Copyright?" USPTO Website https://www.uspto.gov/trademarks/basics/trademark-patent-or-copyright
"Inventions patentable" 35 USC 101 https://www.law.cornell.edu/uscode/text/35/101
"Infringement of patent" 35 USC 271 https://www.law.cornell.edu/uscode/text/35/271
"Method (patent)" Wikipedia Entry https://en.wikipedia.org/wiki/Method_(patent)#cite_note-4
Global Dossier - Patent Application Portfolio Nemesis Patent (Serial No. 15/081,732) https://globaldossier.uspto.gov/#/
"Conditions for patentability; non-obvious subject matter" 35 USC 103 https://www.law.cornell.edu/uscode/text/35/103
BMC Resources v PaymentTech 498 F.3d 1373 (2007) https://scholar.google.com/scholar_case?case=17571560960463677821&hl=en&as_sdt=80000006&as_vis=1
"Doctrine of Equivalents" Cornell Webpage https://www.law.cornell.edu/wex/doctrine_of_equivalents
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twithttps://www.uspto.gov/trademarks/basics/trademark-patent-or-copyrightter: @hoeglaw Web: hoeglaw.com
With rumors of Epic Games hiring an "Investor Relations" specialist, some have speculated that an initial public offering, or IPO, of the Fortnite giant's stock is imminent. But things are rarely ever so simple.
Let's dive in.
Organizing an IPO takes longer than a Fortnite...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/o9CReSZ1XRU
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Discussed in this episode:
"EPIC Games could be going public" ResetEra Thread - February 5, 2021 https://www.resetera.com/threads/epic-games-could-be-going-public.373695/
[Eyeballs] Tweet - February 5, 2021 - Tae Kim https://twitter.com/firstadopter/status/1357683320977584130
"Seems like Epic Games IPO won't be too far off." Tweet - February 5, 2021 - Daniel Ahmad https://twitter.com/ZhugeEX/status/1357721736469504005
"Investor relations" Wikipedia Page https://en.wikipedia.org/wiki/Investor_relations
"Public Company vs. Private Company" Balance Website - Updated October 16, 2020 https://www.thebalancesmb.com/public-company-vs-private-company-what-s-the-difference-398422
"Why do private firms choose to run IR programs?" IR Magazine - May 31, 2018 https://www.irmagazine.com/case-studies/why-do-private-firms-choose-run-ir-programs
"Why private family companies need investor relations" Family Business Website https://www.familybusinessmagazine.com/why-private-family-companies-need-investor-relations
"Epic Games unveils $1.78 billion funding round at $17.3 billion valuation" GamesBeat - August 6, 2020 https://venturebeat.com/2020/08/06/epic-games-unveils-1-78-billion-funding-round-at-17-3-billion-valuation/
"Epic Games Announces $1.78 Billion Funding Round" Business Wire - August 6, 2020 https://www.businesswire.com/news/home/20200806005349/en/Epic-Games-Announces-1.78-Billion-Funding-Round
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Call of Duty: Modern Warfare, like the rest of Activision's annual shoot-a-thon series, sold through the roof. But where there are sales there is money, and where is money, there are often lawsuits.
Now, writer/photographer/dreamer Clayton Haugen has sued Activision for "stealing" his character "Cade Janus" for the game. But while many such claims are easy to dismiss, he certainly does allege some very interesting things against the global video game giant.
Let's dive in.
This may sound two-faced, but Sean Bean is the only Janus we recognize...in Virtual Legality.
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CHAPTERS 00:00 Introduction 00:55 Case Overview 03:37 Establishing Activision's Intent 07:08 Who is Cade Janus? (Factual Background) 15:28 A Picture is Worth a Thousand Words 24:21 The Claims 28:07 Protecting Fictional Characters 33:30 On Reproducing Photography 37:50 Conclusion
Discussed in this episode:
"Activision sued over female Call of Duty character" Polygon - February 3, 2021 https://www.polygon.com/2021/2/3/22264716/activision-call-of-duty-modern-warfare-mara-lawsuit-cade-janus
Haugen v Activision (group) Filed February 2, 2021 https://torrentfreak.com/images/2-21-cv-00035-Clayton-Haugen-v-Activision-Complaint-210202.pdf
"Infringement of copyright" 17 USC 501 https://www.law.cornell.edu/uscode/text/17/501
"Exclusive rights in copyrighted works" 17 USC 106 https://www.law.cornell.edu/uscode/text/17/106
"Hard Kill" IMDB Page https://www.imdb.com/title/tt11656172/fullcredits?ref_=tt_ov_wr#writers/
"Subject matter of copyright: In general" 17 USC 102 https://www.law.cornell.edu/uscode/text/17/102
"Copyright in General" US Copyright Office Webpage https://www.copyright.gov/help/faq/faq-general.html
"Remedies for infringement: Damages and profits" 17 USC 504 https://www.law.cornell.edu/uscode/text/17/504
"Copyright protection for fictional characters" Wikipedia Page https://en.wikipedia.org/wiki/Copyright_protection_for_fictional_characters
Klinger v Conan Doyle Estate June 16, 2014 (7th Cir.) http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2014/D06-16/C:14-1128:J:Posner:aut:T:fnOp:N:1363624:S:0
CA Publicity/Likeness Law California Code, Civil Code - CIV 3344 https://codes.findlaw.com/ca/civil-code/civ-sect-3344.html
"Recreation of news photo not substantially similar to original's expression" Rebecca Tushnet Blog - January 11, 2013 https://tushnet.blogspot.com/2013/01/recreation-of-news-photo-not.html?m=1
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Borderlands developer Gearbox has joined the game company acquisition parade, selling to Embracer Group for what some have reported as $1.3B+. But if that number sounds a bit high to you, you're not alone.
Today we turn to the fun-filled world of mergers and acquisitions to talk about merger structure, cash vs stock, and conditional payments (earn-outs). It's going to be a fun one.
Let's dive in.
Earn-outs are really their own kind of magic trick...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/E1KqS4VGqEc
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CHAPTERS 00:00 Introduction 00:56 The Headline Price 08:28 Randy Pitchford and Gearbox Independence 14:13 The Embracer Investment Release 21:40 Borderlands and 2K 28:04 Doing the Math (Earn-Outs) 35:31 Conclusion
Discussed in this episode:
"Embracer Group acquires Borderlands maker Gearbox Entertainment for $1.3 billion" VentureBeat - February 2, 2021 https://venturebeat.com/2021/02/02/embracer-group-acquires-borderlands-maker-gearbox-entertainment-for-1-3-billion/
"Embracer Group acquires 12 game studios and a PR firm (updated)" VentureBeat - November 17, 2021 https://venturebeat.com/2020/11/17/embracer-group-acquires-10-game-studios-and-a-pr-firm/
"EMBRACER GROUP MERGES WITH THE GEARBOX ENTERTAINMENT COMPANY AND FORM A SEVENTH OPERATING GROUP" Embracer Group Investor Release https://embracer.com/release/embracer-group-merges-with-the-gearbox-entertainment-company-and-form-a-seventh-operating-group/
"Gearbox says it will continue to work with 2K on Borderlands after its sale" VGC - February 3, 2021 https://www.videogameschronicle.com/news/gearbox-says-it-will-continue-to-work-with-2k-on-borderlands-after-its-sale/
"A Lawyer Reads...A Game Publishing Agreement! (Part II: Delivery) (VL383)" YouTube Video - January 7, 2021 - Hoeg Law https://youtu.be/NQ3fMkm6UJs
"Streamers are right to be concerned about the games industry’s video policies" VGC - February 2, 2021 - Hoeg Law https://www.videogameschronicle.com/features/opinion/streamers-are-right-to-be-worried-about-the-games-industrys-video-policies/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
EA Sports is bringing back NCAA Football! Oh, wait. No they're not.
What does the name change actually mean in the context of continuing legal disputes?
How does school licensing work, and why might the NCAA still be skittish about getting involved?
What can the timing of the NCAA's continued foot dragging on the question of name, image, and likeness rights tell us about why this announcement was made?
And...how can we get Denard Robinson on the cover of the new game?
There's at least one venue in which my Wolverines can win...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/-GLjgs2E5gQ
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CHAPTERS 00:00 Introduction 01:00 The Announcement 04:13 What's in a Name? 11:00 Why Now and the CLC Press Release 18:42 Name, Image, Likeness and the Legal Landscape 25:58 Conclusion
Discussed in this episode:
"For those who never stopped believing..." Tweet - February 2, 2021 - EA Sports https://twitter.com/EASPORTS/status/1356644353901539342
"NCAA Football (video game series)" Wikipedia Entry https://en.wikipedia.org/wiki/NCAA_Football_(video_game_series)
"School plan: EA Sports to do college football" ESPN - February 2, 2021 https://www.espn.com/college-football/story/_/id/30821045/school-plan-ea-sports-do-college-football
"Collegiate Licensing Company" Wikipedia Entry https://en.wikipedia.org/wiki/Collegiate_Licensing_Company
"Everything you need to know about the return of EA Sports' college football video game" ESPN - February 2, 2021 https://www.espn.com/college-football/story/_/id/30820886/everything-need-know-return-ea-sports-college-football-video-game
"Electronic Arts & CLC to Bring Back College Football Video Games" Collegiate licensing Company (CLC) Press Release https://clc.com/electronic-arts-clc-to-bring-back-college-football-video-games/
"MGoRadio 5.8: How to Take a Bath" MGOBLOG Podcast - November 1, 2019 https://mgoblog.com/content/mgoradio-58-how-take-bath
"Board of Governors starts process to enhance name, image and likeness opportunities" NCAA News Release - October 29, 2019 https://www.ncaa.org/about/resources/media-center/news/board-governors-starts-process-enhance-name-image-and-likeness-opportunities
"NCAA Council tables long-awaited legislation on name, image, likeness and transfer exemptions" CBS - January 11, 2021 https://www.cbssports.com/college-football/news/ncaa-council-tables-long-awaited-legislation-on-name-image-likeness-and-transfer-exemptions/
"Bipartisan Name, Image, Likeness Bill Introduced In Congress" Collegiate and Professional Sports Law Blog https://www.collegeandprosportslaw.com/uncategorized/bipartisan-name-image-likeness-bill-introduced-in-congress/
College Football Playoff FAQ https://collegefootballplayoff.com/sports/2016/10/11/faq.aspx
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
The technology antitrust lawsuit parade continues as Steam users sue Valve (and developers like Ubisoft!) for requiring developers to charge no less for a game on Steam than they do on any other platform (like the Epic Games Store).
But is such a "most favored nation" clause actually illegal? What does a case against it look like? What role does Steam key distribution have in the analysis? And...does the clause actually exist?
The case is stronger than many, but some parts may just be letting off Steam...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/mOEG5qmMQas
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CHAPTERS 00:00 Introduction 01:40 Overview of the Case 16:48 Antitrust and Economics 26:29 Monopoly and Market 34:57 The Effects of the MFN 42:38 Claims for Violation of Sherman 48:15 A Look at Steam and Steam Keys 54:29 Conclusion
Discussed in this episode:
"Popular Gaming Platform Accused of Abusing Market Power Through Contracts" The Hollywood Reporter - January 28, 2021 https://www.hollywoodreporter.com/thr-esq/popular-gaming-platform-accused-of-abusing-market-power-through-contracts
Colvin vs Valve (et. al.) Filed January 28, 2021 https://assets.documentcloud.org/documents/20466284/steam.pdf
"Ubisoft goes Steam-less, embraces Epic Games Store for The Division 2" Ars Technica - January 9, 2019 https://arstechnica.com/gaming/2019/01/ubisoft-snubs-steam-brings-the-division-2-to-epics-games-store/
"Legal Framework for Evaluating MFNs Under the Antitrust Laws" FTC Presentation - September 2012 https://www.justice.gov/sites/default/files/atr/legacy/2012/09/11/286852.pdf
"Lawsuit accuses Valve of abusing Steam market power to prevent price competition" Eurogamer - January 30, 2021 https://www.eurogamer.net/articles/2021-01-30-new-lawsuit-accuses-valve-of-abusing-steam-market-power-to-prevent-price-competition
"Steam Keys" Steamworks Documentation https://partner.steamgames.com/doc/features/keys
"In order to reduce game sales outside of Steam, Valve will no longer automatically fulfil key requests from devs" VG 247 - August 18, 2017 https://www.vg247.com/2017/08/18/in-order-to-reduce-game-sales-outside-of-steam-valve-will-no-longer-automatically-fulfil-key-requests-from-devs/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Video game publisher Raw Fury has taken the unusual step of putting its publishing contract onto the Internet, and we couldn't be happier!
In Part V of our continuing series, we finally get to split up the booty! But before we do, we have to consider a fair amount of math, and an even more significant amount of logistics.
This is going to be fun, so let's dive in.
We're caring about sharing...in Virtual Legality.
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CHAPTERS 00:00 Introduction 01:28 A Simple Revenue Share 14:43 Paying Your Fair Share 33:18 Conclusion
Discussed in this episode:
"A Lawyer Reads...A Game Publishing Agreement" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy_VayRrIvRSP64k6oOv9jLi
"About Us" Raw Fury Webpage https://rawfury.com/about/
"Why we are publishing Raw Furys publishing agreement" Raw Fury Webpage https://rawfury.com/why-we-are-publishing-raw-furys-publishing-agreement/
"Developer Resources" Raw Fury Webpage (Click Through Dropbox for Publishing Agreement) https://rawfury.com/developer-resources/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
The GameStop story is the story that just won't stop. With Robinhood's restriction on buying GME and other securities yesterday, the company's action (and its financial connections) has drawn the eye of regulators, investors, and Congress, and even one instant lawsuit.
So what does it all mean? Why was Robinhood closing out investors throughout yesterday? And what exactly can Saved by the Bell's Zach Morris teach us about any of this?
When Congress is preening and investors are screaming, you've had a bad day...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/H714tppuwTE
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CHAPTERS 00:00 Introduction 02:09 The Lawsuit 25:28 Capital Regulations, Exposure, and Margin Calls 38:55 Congress, Investigations, and Citadel 46:00 Conclusion
Discussed in this episode:
Nelson vs Robinhood [Group] Filed January 28, 2021 https://www.courtlistener.com/recap/gov.uscourts.nysd.553175/gov.uscourts.nysd.553175.1.0.pdf
Best Execution and Interpositioning FINRA Rule 5310 https://www.finra.org/rules-guidance/rulebooks/finra-rules/5310
"Bloomberg Users Suing Over Trade Limits Face High Legal Bar" Bloomberg Law - January 28, 2021 https://news.bloomberglaw.com/securities-law/robinhood-customers-sue-over-removal-of-gamestop
Robinhood Customer Agreement Updated December 30, 2020 https://cdn.robinhood.com/assets/robinhood/legal/Robinhood%20Customer%20Agreement%20(June%2022)%20(1).pdf
"E-Trade confirms it halted GameStop and AMC stock, will let you buy some Friday" The Verge - January 28, 2021 https://www.theverge.com/2021/1/28/22254863/etrade-gamestop-amc-stock-reddit-wallstreetbets-robinhood
"An Update on Market Volatility" Robinhood Blog - January 28, 2021 https://blog.robinhood.com/news/2021/1/28/an-update-on-market-volatility
"Best take I’ve seen." Tweet - January 29, 2021 - Joe Morrison, Jr. https://twitter.com/JRMjunior1/status/1355141373792550912
"A Little GameStop/Robinhood Perspective:" Twitter Thread - January 28, 2021 https://twitter.com/WallStCynic/status/1354998065393000449
"They are automatically selling shares." Tweet - January 28, 2021 - Sunny https://twitter.com/555Sunny/status/1354854993946406917
"Buying on Margin" Investopedia https://www.investopedia.com/terms/b/buying-on-margin.asp
"Introducing Robinhood Instant" Robinhood Blog - February 23, 2016 https://blog.robinhood.com/news/2016/2/22/introducing-robinhood-instant
"S1E3: “Wall Street”" Saved by the Blog - January 12, 2103 https://savedbytheblogdotnet.wordpress.com/2013/07/12/s1e3-wall-street/
"I seen this tweet and was wondering if this changes anything from today’s video?" Tweet - January 29, 2021 - Kona Gaming https://twitter.com/KonaPanchyu/status/1355045368967221250
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
With GameStop stock on 2021's craziest roller coaster ride (...yet), brokers, exchanges, and regulators across the country are all trying to figure out what, if anything, should be done about it.
But what happens when your entire business model is premised around facilitating retail investment? Of "democratizing" the market?
Ultra-popular trading app Robinhood is finding out how it feels to be stuck between a rock and a hard place.
There's nothing more scary than "it's for your own good"...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/B8y1H3IMt6I
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CHAPTERS 0:00 Introduction 2:01 Robinhood and its Customer Agreement 10:04 What is the Purpose of the SEC? 14:05 Regulation D and Accredited Investors - A Case Study 23:43 Conclusion - A Rock and a Hard Place
Discussed in this episode:
"It appears Robinhood has stopped letting people trade GME..." Tweet - January 28, 2021 - The One True Mango https://twitter.com/theonetruemango/status/1354782911178940417
"Robinhood reportedly locking out traders from GameStop, AMC, Nokia and others" Seeking Alpha - January 28, 2021 https://seekingalpha.com/news/3655535-watch-gamestop-amc-as-robinhood-reportedly-locking-out-traders
"Keeping Customers Informed Through Market Volatility" Robinhood Blog - January 28, 2021 https://blog.robinhood.com/
Robinhood Customer Agreement Updated June 22, 2020 https://cdn.robinhood.com/assets/robinhood/legal/Customer%20Agreement.pdf
"What We Do" SEC Webpage https://www.sec.gov/about/what-we-do
"Protecting the Retail Investor" SEC Speech - March 21, 2014 https://www.sec.gov/news/speech/mjw-speech-032114-protecting-retail-investor
"Power to the Players: Reddit and the GameStop Stock Explosion (VL398)" YouTube Video - January 25, 2021 - Hoeg Law https://youtu.be/TjiurSx42yA
"GameStop - "WallStreetBets" Booted by Discord, (Briefly) Reddit Private (VL401)" YouTube Video - January 27, 2021 - Hoeg Law https://youtu.be/OSVVJVm8IIE
Regulation D Offerings SEC's "Investor" Webpage https://www.investor.gov/introduction-investing/investing-basics/glossary/regulation-d-offerings
"Capital Raising in the U.S...." SEC Report - August 2018 https://www.sec.gov/files/DERA%20white%20paper_Regulation%20D_082018.pdf
Rule 506 of Regulation D SEC's "Investor" Webpage https://www.investor.gov/introduction-investing/investing-basics/glossary/rule-506-regulation-d
"Definitions and terms used in Regulation D" 17 CFR 230.501 https://www.law.cornell.edu/cfr/text/17/230.501
"Online trading platforms see a surge in usage as Redditors take on Wall Street" CNBC - January 27, 2021 https://www.cnbc.com/2021/01/27/online-trading-app-usage-surges-as-redditors-take-on-wall-street.html
"Wall Street, Big Tech Clamp Down on GameStop-Style Pumps; Biden Admin ‘Monitoring’ Situation" CoinDesk - January 27, 2021 https://www.coindesk.com/gamestop-equity-markets-trading-halted-nasdaq
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
With GameStop continuing its stock market roller coaster ride and more and more short sellers taking a bath, it is no surprise that the impetus behind it all, subreddit "wallstreetbets", is facing more scrutiny than ever.
But with more scrutiny comes a higher likelihood that technology platforms will use the inherent vagueness of their terms against their users, which appears to be just what Discord and Reddit have elected to do.
It's Bets, Boots, and Bots today...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/OSVVJVm8IIE
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PATREON: https://www.patreon.com/VirtualLegality STREAMLABS: https://streamlabs.com/richardhoeg STORE: https://teespring.com/stores/hoeg-law-store
Discussed in this episode:
"Power to the Players: Reddit and the GameStop Stock Explosion (VL398)" YouTube Video - January 25, 2021 - Hoeg Law https://youtu.be/TjiurSx42yA
"BREAKING: Discord tells me they've shut down the WallStreetBets server..." Tweet - January 27, 2021 - Hannah Murphy https://twitter.com/HoegLaw/status/1354576436678569986
"Discord bans the r/WallStreetBets server" The Verge - January 27, 2021 https://www.theverge.com/2021/1/27/22253251/discord-bans-the-r-wallstreetbets-server
Discord Terms of Service Updated May 7, 2020 https://discord.com/terms
Discord Community Guidelines Updated May 19, 2020 https://discord.com/guidelines
"A Fight Over GameStop’s Soaring Stock Turns Ugly" Wired - January 25, 2021 https://www.wired.com/story/gamestop-stock-wall-street-bets-short-squeeze/
"Well, to be fair to people, you kind of walk right into those theories..." Tweet - January 27, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1354572412139020291
"wallstreetbets subreddit just went private" Tweet - January 27, 2021 - Rod Breslau https://twitter.com/Slasher/status/1354576058687893507
"r/WallStreetBets has been made private" The Verge - January 27, 2021 https://www.theverge.com/2021/1/27/22253339/reddit-wallstreetbets-subreddit-private-gamestop
"Lot of ppl were....breaking SEC guidelines..." Tweet - January 27, 2021 - Punished Daniel https://twitter.com/BadHombreDaniel/status/1354577006768381954
Reddit User Agreement Updated September 15, 2020 https://www.redditinc.com/policies/user-agreement-october-15-2020
Reddit Content Policy https://www.redditinc.com/policies/content-policy
"GameStop stock up 135% in 24 hours, Biden administration 'monitoring the situation'" Game Industry Biz - January 27, 2021 https://www.gamesindustry.biz/articles/2021-01-27-gamestop-stock-up-135-percent-in-24-hours-biden-administration-monitoring-the-situation
"Registration requirements for securities" 15 USC 78l (subsection (k)) https://www.law.cornell.edu/uscode/text/15/78l
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
It's Episode 400 of Virtual Legality! Today we look at a question some have asked in the wake of the "chain letter" like "Community" posts popping up all over YouTube (including on this very channel), designed around exposing a potential weighting problem in the YouTube algorithm as identified by YouTuber - The Spiffing Brit.
But do YouTubers who advance such a post have anything to worry about under the law?
Let's dive in.
We might just have to add "spiffing" to our vocabulary...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/fSqf522zjwQ
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Discussed in this episode:
"The Youtube Algorithm Glitch (The Secret Youtube Exploit) - YOUTUBE IS A PERFECTLY BALANCED WEBSITE" YouTube Video - January 25, 2021 - The Spiffing Brit https://youtu.be/Ej0Kijd4_4Q
The Spiffing Brit Community Page https://www.youtube.com/c/TheSpiffingBrit/community
YouTube "Terms of Service" Updated November 18, 2020 https://www.youtube.com/static?template=terms
"Circumvention of copyright protection systems" 17 USC 1201 https://www.law.cornell.edu/uscode/text/17/1201
"Introduction to Contract Damages" California Jury Instructions https://www.justia.com/trials-litigation/docs/caci/300/350/
"UNLAWFUL CONTRACTS" California Civil Code Section 1667 https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=3.∂=2.&lawCode=CIV&title=4.
"NATURE OF A CONTRACT/Conset" California Civil Code Section 1572 http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1572.
"Damages for Wrongs" California Civil Code Section 3333 https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CIV&division=4.&title=2.∂=1.&chapter=2.&article=2.
"Exemplary Damages" California Civil Code Section 3294 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3294.
"Spam, deceptive practices, & scams policies" YouTube Community Guidelines https://support.google.com/youtube/answer/2801973?hl=en&ref_topic=9282365
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
Fortnite and gaming superstar Tyler "Ninja" Blevins has a fairly extensive history of being wrong on a whole host of topics, so why does that history help make some of his more controversial recent comments to the New York Times...right?
If you are going to do something, do it well...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/9sNpTaOboow
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Discussed in this episode:
"“Better to remain silent and be thought a fool…”: A Ninja Story (VL142) (Hoeg Law)" YouTube Video - December 1, 2019 - Hoeg Law https://youtu.be/zi6Bo0dD3Gg
"Too Big to Fail? On Ninja’s Repugnant Defense of Cheating in Fortnite (VL131)" YouTube Video - November 8, 2019 - Hoeg Law https://youtu.be/cZPWmMgiwFg
"Ninja says parents should parent their kids, citing that it's "not [his] job..." Tweet - January 25, 2021 - GameSpot https://twitter.com/GameSpot/status/1353802373848850432
"Ninja Thinks Parents Should Parent Their Kids" GameSpot - January 25, 2021 https://www.gamespot.com/articles/ninja-thinks-parents-should-parent-their-kids/1100-6486705/
"Teenagers Made Ninja a Gaming Superstar. He Has a Message for Parents." New York Times - January 24, 2021 https://www.nytimes.com/interactive/2021/01/25/magazine/ninja-interview.html
"LATEST PANTS ON FIRE! FACT-CHECKS ON JOE BIDEN" Politifact Website https://www.politifact.com/factchecks/list/?category=&ruling=pants-fire&speaker=joe-biden
"666,000 teachers have been laid off already since March." Politifact https://www.politifact.com/factchecks/2020/nov/20/joe-biden/biden-mischaracterizes-teacher-layoffs-pandemic/
"Fact-checking 7 statistical claims from Biden's (quite factual) economic speech" CNN - January 26, 2021 https://www.cnn.com/2021/01/26/politics/fact-check-biden-economic-stats-pandemic-rescue-plan/index.html
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
GameStop has long been the center of financial rumors and speculation...but not like this.
Join us as we dive into the wild world of speculative securities trading, from short sales to short squeezes, to talk about what is happening today, whether the law is equipped to handle it, and just what it might mean for the future.
Don't hate the Players, but consider changing the game...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/TjiurSx42yA
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PATREON: https://www.patreon.com/VirtualLegality STREAMLABS: https://streamlabs.com/richardhoeg STORE: https://teespring.com/stores/hoeg-law-store
Discussed in this episode:
"A Fight Over GameStop’s Soaring Stock Turns Ugly" Wired - January 25, 2021 https://www.wired.com/story/gamestop-stock-wall-street-bets-short-squeeze/
"wallstreetbets" Reddit Page https://www.reddit.com/r/wallstreetbets/
"GameStop stock is approaching a hundred bucks in pre-market." Tweet - January 25, 2021 https://twitter.com/DomsPlaying/status/1353701899107770368
"Pump&Dump.con: Tips for Avoiding Stock Scams on the Internet" SEC Website - January 11, 2005 https://www.sec.gov/reportspubs/investor-publications/investorpubspumphtm.html
"Employment of manipulative and deceptive devices." 17 CFR 240.10b-5 (10b-5) https://www.law.cornell.edu/cfr/text/17/240.10b-5
"Investor Alert: Fraudulent Stock Promotions" SEC's Investor Website - July 29, 2015 https://www.investor.gov/introduction-investing/general-resources/news-alerts/alerts-bulletins/investor-alerts/investor-35
"SEC Obtains Asset Freeze in Microcap Pump and Dump Scheme Targeting Elderly Retail Investors" SEC Website - July 18, 2019 https://www.sec.gov/news/press-release/2019-136
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
How do you know when a business roll-out has gone horribly wrong? When the company reverses course (and more) within they very same day that they announced it.
But is it too late for Microsoft to apologize? Let's dive in.
Microsoft's panning resulted in nothing but Fool's GOLD...in Virtual Legality.
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Discussed in this episode:
"Microsoft Hikes Price of Xbox Live Gold - Bad Messaging or the Worst? (VL396)" YouTube Video - January 23, 2021 - Hoeg Law https://youtu.be/R1kX9FD0YEk
"Today was not great..." Tweet - January 23, 2021 - Xbox https://twitter.com/Xbox/status/1352845180735393793
"No Changes to Xbox Live Gold Pricing, Free-to-Play Games to be Unlocked [Update]" Xbox Wire - January 22, 2021 - Updated https://news.xbox.com/en-us/2021/01/22/update-on-xbox-live-gold-pricing/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com
When is a massive price hike not announced as a massive price hike? When it's Microsoft talking up increases in the price of Xbox Live Gold (with a side of Game Pass).
There's so much here. Let's dive in.
It's the GOLD standard of YouTube game/business/law commentary...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/R1kX9FD0YEk
Discussed in this episode:
"Update on Xbox Live Gold Pricing" Xbox Wire - January 22, 2021 https://news.xbox.com/en-us/2021/01/22/update-on-xbox-live-gold-pricing/
"I'm trying to make sense of "it will renew at the current price" and "Going forward new pricing will be..." Tweet - January 22, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1352648711067860992
"'Microsoft has quietly changed its reference to renewal at "the current price" to renewal at "your current price"." Tweet - January 22, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1352703792609947649
"Microsoft drops 12-month Xbox Live Gold subscription" GameIndustryBiz - July 20, 2020 https://www.gamesindustry.biz/articles/2020-07-20-microsoft-drops-12-month-xbox-live-gold-subscription
"Confirmed: Microsoft has increased the price of Xbox Live Gold to $60 for 6 months." Tweet - January 22, 2021 - Andy Robinson https://twitter.com/AndyPlaytonic/status/1352623662403383297
"Microsoft raises the prices to subscribe to Xbox Live Gold" USA Today - January 22, 2021 https://www.usatoday.com/story/tech/gaming/2021/01/22/xbox-live-gold-soon-cost-more-subscribe-microsoft-announces/6672195002/
"I have to say..." Tweet - January 22, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1352662322909761546
Xbox Game Pass Website https://www.xbox.com/en-US/xbox-game-pass#join
h/t SpiritKid (Twitter)
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
As you may have guessed would happen had you been frequenting Virtual Legality, Parler has lost in its request to force Amazon to support its service.
But just how did the court decide to deny the injunction request? And where, did it perhaps get a bit too...editorial?
Let's dive in.
We may be right, but we may also just be crazy...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/lr2ZDtRnHkk
CHAPTERS 00:00 Introduction 03:23 The Court's Overview 13:25 Parler is NOT Likely to Win its Antitrust Claim 18:26 Parler is NOT Likely to Win its Breach Claim 22:09 Parler is NOT Likely to Win its Tort Claim 24:20 Parler MAY be Irreparably Harmed 27:51 A NInth Circuit Look at Serious Questions and Hardships 30:14 Editorializing on Equities and the Public 34:19 Conclusion
Discussed in this episode:
"Big Tech at Large" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy8BFeoOUFCRYmb92fkWbm58
"The Parler vs Amazon Lawsuit: Do They Have a Case? (VL386)" YouTube Video - January 12, 2021 - Hoeg Law https://youtu.be/9o1M60-2Hqo
"Amazon Answers Parler Lawsuit! "No More Than A Meritless Claim" (VL390)" YouTube Video - January 14, 2021 - Hoeg Law https://youtu.be/7IpasJbo6rY
"Parler's Legal Response to Amazon - Stretching the Truth (VL391)" YouTube Video - January 18, 2021 - Hoeg Law https://youtu.be/qMBM4zkqROc
"ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION" Parler v Amazon Web Services - Filed January 21, 2021 https://www.courtlistener.com/recap/gov.uscourts.wawd.294664/gov.uscourts.wawd.294664.34.0.pdf
"Elements of the Offense" Justice Department - Sherman (Criminal) Guidelines https://www.justice.gov/archives/jm/antitrust-resource-manual-1-attorney-generals-policy-statement
"AWS Customer Agreement" Updated November 30, 2020 https://www.courtlistener.com/docket/29095511/1/2/parler-llc-v-amazon-web-services-inc/
h/t SpiritKid (Twitter)
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
Virtual Legality is many things, but it is most certainly not in the business of harassment or bullying, targeted or otherwise. It is the antithesis of such things. Reasonable minds can differ, after all - a fact YouTube may well be far from figuring out.
Until then, let's talk about what happened this morning.
Isn't it ironic...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/mBZ-CrwAUg4
Discussed in this episode:
"Hey [Team YouTube], are you kidding me with this?" Twitter Thread - January 21, 2021 - Hoeg Law https://twitter.com/HoegLaw/status/1352259684183531520
"Harassment and cyberbullying policy" YouTube Help Page https://support.google.com/youtube/answer/2802268?hl=en#zippy=%2Cother-types-of-content-that-violate-this-policy%2Cmore-examples
"Community Guidelines strike basics" YouTube Help Page https://support.google.com/youtube/answer/2802032?hl=en
"Terms of Service" YouTube Terms Page https://www.youtube.com/static?template=terms
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
Video game publisher Raw Fury has taken the unusual step of putting its publishing contract onto the Internet, and we couldn't be happier!
In Part IV of our continuing series, we look at how a publisher puts money into the development of a game, what happens when the publisher puts that money in, and perhaps most importantly, just how the publisher gets all that money (plus a bit extra) back.
This is going to be fun, so let's dive in.
We always follow the money...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/NkoBOyN7BB0
CHAPTERS 00:00 Introduction 01:38 Advancing the Money 10:18 Adjusting Things 17:18 Halting Your Advance (Termination) 19:56 Repaying the Publisher 29:39 Conclusion
Discussed in this episode:
"About Us" Raw Fury Webpage https://rawfury.com/about/
"Why we are publishing Raw Furys publishing agreement" Raw Fury Webpage https://rawfury.com/why-we-are-publishing-raw-furys-publishing-agreement/
"Developer Resources" Raw Fury Webpage (Click Through Dropbox for Publishing Agreement) https://rawfury.com/developer-resources/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
CD Projekt has been sued! Again! But while reports of a second suit are not inaccurate, there's more to talk about in the wild world of US securities laws, class action consolidations, and, of course, legal fees.
Let's dive in.
For securities class actions, 1+1 usually equals 1...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/7KZSCyMkgww
Discussed in this episode:
"CD Projekt faces a second class-action lawsuit over Cyberpunk 2077" GamesIndustryBiz - January 19, 2021 https://www.gamesindustry.biz/articles/2021-01-19-cd-projekt-faces-a-second-class-action-lawsuit-over-cyberpunk-2077
"Current report no. 4/2021" CD Projekt Regulatory Announcement https://www.cdprojekt.com/en/investors/regulatory-announcements/current-report-no-4-2021/
"CD Projekt, CDPR, and Cyberpunk 2077: We Have a Reputation to Burn" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy8QxfJHOJGH8UsiYOqjwhq3
"CD Projekt Sued Over Alleged Cyberpunk Lies! Let's Read the Lawsuit! (VL379)" YouTube Video - December 28, 2020 - Hoeg Law https://youtu.be/_qXytLM4Gv8
CDPR Lawsuit As filed December 24, 2020 https://www.scribd.com/document/489078061/Cyberpunk-2077-class-action-via-Polygon
"Rule 23. Class Actions" Federal Rules of Civil Procedure https://www.law.cornell.edu/rules/frcp/rule_23
"Rule 42. Consolidation; Separate Trials" Federal Rules of Civil Procedure https://www.law.cornell.edu/rules/frcp/rule_42
"Private securities litigation" 15 USC 78u-4 (Private Securities Act of 1995) https://www.law.cornell.edu/uscode/text/15/78u-4
"EQUITY ALERT: Rosen Law Firm Files Securities Class Action Lawsuit Against CD Projekt S.A. – OTGLY, OTGLF" Press Release - December 24, 2020 - Rosen Law Firm https://www.businesswire.com/news/home/20201224005214/en/EQUITY-ALERT-Rosen-Law-Firm-Files-Securities-Class-Action-Lawsuit-Against-CD-Projekt-S.A.-%E2%80%93-OTGLY-OTGLF
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
It's a response to a response in the "battle of the bans", but does Parler perhaps go a bit to far in describing Amazon's contract rights and the applicability of CDA 230 (among other things)?
Let's dive in.
Parlez-vous contract law? We do...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/qMBM4zkqROc
CHAPTERS 00:00 Introduction 03:02 Parler's Opening Statements 07:02 Did Amazon Breach its Agreement? 24:00 Did Amazon Interfere with Other Agreements? 25:25 Did Amazon violate Antitrust Law? 28:45 Misreading CDA 230 37:38 Finishing Strong 42:00 Conclusion (The Future of Parler)
Discussed in this episode:
"The Parler vs Amazon Lawsuit: Do They Have a Case? (VL386)" YouTube Video - January 12, 2021 - Hoeg Law https://youtu.be/9o1M60-2Hqo
"Amazon Answers Parler Lawsuit! "No More Than A Meritless Claim" (VL390)" YouTube Video - January 14, 2021 - Hoeg Law https://youtu.be/7IpasJbo6rY
Parler Response to Amazon Filed January 13, 2021 https://www.courtlistener.com/docket/29095511/21/parler-llc-v-amazon-web-services-inc/
Parler v Amazon Web Services Filed January 11, 2021 https://cdn.arstechnica.net/wp-content/uploads/2021/01/gov.uscourts.wawd_.294664.1.0_1.pdf
AWS Answer to Parler Request for TRO Filed January 12, 2021 https://www.courtlistener.com/recap/gov.uscourts.wawd.294664/gov.uscourts.wawd.294664.10.0_1.pdf
"AWS Customer Agreement" Updated November 30, 2020 https://www.courtlistener.com/docket/29095511/1/2/parler-llc-v-amazon-web-services-inc/
"Protection for private blocking and screening of offensive material" 47 USC 230 https://www.law.cornell.edu/uscode/text/47/230
"Parler's CEO John Matze is 'confident' the controversial social-media platform will fully return by the end of January, after Amazon booted it offline" Business Insider - January 18, 2021 https://www.businessinsider.com/parler-offline-ceo-john-matze-return-online-january-website-amazon-2021-1
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
The "battle of the bans" heats up as Amazon responds to Parler's lawsuit, but did the Big Tech giant do enough to stave off a temporary restraining order?
Let's dive in.
The Amazon is a great river, sure, but our favorite might be 'Denial'...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/7IpasJbo6rY
CHAPTERS 00:00 Introduction 06:38 Amazon's Overview 15:27 The Facts (as Amazon Sees Them) 32:31 Amazon: Parler Will Not Win 43:23 Amazon: Fairness/Public Interest Supports Us 48:39 Amazon: Parler Will Not Suffer Irreparable Harm 49:50 Conclusion
Discussed in this episode:
"The Parler vs Amazon Lawsuit: Do They Have a Case? (VL386)" YouTube Video - January 12, 2020 - Hoeg Law https://youtu.be/9o1M60-2Hqo
Parler v Amazon Web Services Filed January 11, 2021 https://cdn.arstechnica.net/wp-content/uploads/2021/01/gov.uscourts.wawd_.294664.1.0_1.pdf
AWS Answer to Parler Request for TRO Filed January 12, 2021 https://www.courtlistener.com/recap/gov.uscourts.wawd.294664/gov.uscourts.wawd.294664.10.0_1.pdf
"Trusts, etc., in restraint of trade illegal; penalty" 15 USC 1 (Sherman Act Section 1) https://www.law.cornell.edu/uscode/text/15/1
"How Trump’s internet built and broadcast the Capitol insurrection" Vox (Recode) - January 8, 2020 https://www.vox.com/recode/22221285/trump-online-capitol-riot-far-right-parler-twitter-facebook
"AWS Customer Agreement" Updated November 30, 2020 https://aws.amazon.com/agreement/
"AWS Acceptable Use Policy" Updated September 16, 2016 https://aws.amazon.com/aup/
"Protection for private blocking and screening of offensive material" 47 USC 230 https://www.law.cornell.edu/uscode/text/47/230
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
Ah, CD Projekt Red's Cyberpunk 2077, the game that launched a thousand YouTube videos.
With much of the heat dialed down after the game's rocky December 2020 release, CD Projekt and CDPR co-founder Marcin Iwinski took to YouTube and the Internet to express his company's continued "commitment to quality".
But while Mr. Iwinski's statement contains some much needed affirmations, the question remains, did it go far enough?
And just why are there so many statements about what the company did or did not expect?
Let's dive in.
If you have to express your commitment, that commitment is probably already in doubt...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/z0iDOm7XNqM
00:00 Introduction 02:27 Mr. Iwinski's Opening Statement 08:56 Defending Against Securities Fraud 11:43 A View from the Inside (Creating Sympathy) 14:54 Throwing Old Gen (and QA) Under the Bus 18:51 Explaining Away Late Review Access 23:09 Deflecting with COVID 24:31 A Blurry Future 31:28 Conclusion
Discussed in this episode:
"CD Projekt, CDPR, and Cyberpunk 2077: We Have a Reputation to Burn" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy8QxfJHOJGH8UsiYOqjwhq3
"Dear gamers..." Tweet - January 13, 2021 https://twitter.com/CyberpunkGame/status/1349462362764537862
"Cyberpunk 2077 — Our Commitment to Quality" YouTube Video - January 13, 2021 - Cyberpunk 2077 https://youtu.be/O3V4UBZmC9o
"CD Projekt Sued Over Alleged Cyberpunk Lies! Let's Read the Lawsuit! (VL379)" YouTube Video - December 28, 2020 - Hoeg Law https://studio.youtube.com/video/z0iDOm7XNqM/edit?o=U
Form of CDPR Lawsuit The Rosen Law Firm https://www.rosenlegal.com/media/casestudy/2267_Cd%20Projekt%20-%20Complaint%204849-9033-8517%20v.1.pdf
"CDPR's Cyberpunk Damage Control Call: Corpos Searching for Answers (VL371)" YouTube Video - December 15, 2020 - Hoeg Law https://youtu.be/n7uzzQ7SV-0
CDPR Cyberpunk Launch Teleconference Transcript December 14/15, 2020 https://www.cdprojekt.com/en/wp-content/uploads-en/2020/12/call-transcript_en.pdf
"Our Commitment" Cyberpunk Website https://www.cyberpunk.net/en/news/37298/our-commitment
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
Video game publisher Raw Fury has taken the unusual step of putting its publishing contract onto the Internet, and we couldn't be happier!
In Part III, join us as we look at one of the publisher's most important obligations: actually selling the thing.
This is going to be fun, so let's dive in.
Half the game is marketing...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/qYPqFDFswz0
CHAPTERS 00:00 Introduction 02:07 Marketing 20:52 Crediting 23:30 Servicing (and Spending) 30:15 Conclusion
Discussed in this episode:
"About Us" Raw Fury Webpage https://rawfury.com/about/
"Why we are publishing Raw Furys publishing agreement" Raw Fury Webpage https://rawfury.com/why-we-are-publishing-raw-furys-publishing-agreement/
"Developer Resources" Raw Fury Webpage (Click Through Dropbox for Publishing Agreement) https://rawfury.com/developer-resources/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
When Disney and Electronic Arts entered into a ten year exclusive license agreement for the creation of "core" Star Wars games back in 2013, one could forgive both sides for thinking that the sky would be the limit for the alliance.
But now in 2021, a changed world (both in terms of Star Wars and...other) means a reevaluation of the contract that set the two giants on their course. A reevaluation that will definitively change the galaxy, or at least the one that's "far, far away".
Let's dive in.
This will be a day long remembered...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/gCPQsrl8EqI
CHAPTERS 00:00 Introduction 02:00 A Decade of Exclusivity 06:01 Rumblings of Change 11:31 The Return of Lucasfilm Games 12:43 The Return of Indiana Jones 14:45 Massive (and Ubisoft) News for Star Wars 22:55 Conclusion
Discussed in this episode:
"The Walt Disney Company and EA Announce Multi-Year Star Wars Games Agreement" Press Release - May 6, 2013 https://www.businesswire.com/news/home/20130506006434/en/The-Walt-Disney-Company-and-EA-Announce-Multi-Year-Star-Wars-Games-Agreement
"EA/Disney 'Star Wars' Deal to Last 10 Years, Expand Past Movies" The Hollywood Reporter - November 21, 2013 https://www.hollywoodreporter.com/heat-vision/ea-disney-star-wars-deal-658636
"EA’s Troubled Decade Of Star Wars Games" Kotaku - January 6, 2019 https://kotaku.com/ea-s-troubled-decade-of-star-wars-games-1831807493
"Lucasfilm Games has been hiring for new Star Wars games and 'heritage projects' (updated)" PC Gamer - March 20, 2019 https://www.pcgamer.com/lucasfilm-games-has-been-unexpectedly-resurrected-by-disney/
"Virtual Legality #38 - Lucasfilm Games, Electronic Arts, and the Future of Star Wars (Hoeg Law)" YouTube Video - March 20, 2019 - Hoeg Law https://youtu.be/ScZChL2X0Vg
"Electronic Arts plans to 'double down' on Star Wars games" PC Gamer - June 23, 2020 https://www.pcgamer.com/electronic-arts-plans-to-double-down-on-star-wars-games/
"LUCASFILM GAMES BEGINS A NEW ERA" Star Wars Website - January 11, 2021 https://www.starwars.com/news/lucasfilm-games
"Lucasfilm Games" Twitter Feed https://twitter.com/LucasfilmGames/
"GET YOUR FEDORAS AND WHIPS READY FOR A NEW INDIANA JONES GAME" Star Wars Website - January 12, 2021 https://www.starwars.com/news/indiana-jones-game
"LUCASFILM GAMES HITS LIGHTSPEED TOWARD THE FUTURE" Star Wars Website - January 13, 2021 https://www.starwars.com/news/lucasfilm-games-interview
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
With seemingly every technology company removing or disabling access to accounts and applications seen as sympathetic to President Trump after the events at the Capitol last week, it was only a matter of time before we saw our first lawsuit.
And that first lawsuit comes courtesy of Parler, the "microblogging" social media app (and self-proclaimed competitor to Twitter), who found itself cut off not just from the Apple App Store and Google Play Store, but from the very Internet itself after Amazon (through its Amazon Web Services, or AWS, brand) cut off its access to cloud computing servers.
But do Parler's claims of antitrust violations, breaches of contract, or interference with contractual relationships really hold water?
Let's dive in.
"Step into my Parler", said the multi-national global conglomerate to the fly...in Virtual Legality.
CHECK OUT THE VIDEO AND LINKS AT: https://youtu.be/9o1M60-2Hqo
CHAPTERS 00:00 Introduction 06:03 The Lawsuit 08:15 The Amazon Letter and Buzzfeed Leak 11:43 The Regulatory Environment 14:30 Comparisons to Twitter 16:59 Antitrust Law 20:02 The Facts (according to Parler) 33:02 Strange Bedfellows 36:15 Parler's Legal Complaints 37:57 Looking at the Contract for Breach Claims 52:40 The Problem with Ambiguous Tort Claims 56:30 Conclusion
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
With the US House of Representatives introducing Articles of Impeachment against President Trump for the events at the Capitol last week, many are wondering just what effect his removal would have on the statutory pensions, protections, and other awards given by the United States to its former presidents.
But like seemingly every other question raised this year, the answer is...complex.
It's fair to say that neither the Founders nor any prior Congress saw events playing out exactly as they are...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/TxrGhmcnPNY
CHAPTERS 00:00 Introduction 02:35 Impeachment and Timing 4:40 The Former Presidents Act 15:38 The FPA and Secret Service Protection 19:33 Conclusion
Discussed in this episode:
"House Democrats introduce impeachment resolution, charging Trump with 'incitement of insurrection'" CNN Website - January 11, 2021 https://www.cnn.com/2021/01/11/politics/house-democrats-impeachment-plans/index.html
"READ: House article of impeachment against Donald Trump" CNN Website - January 11, 2021 https://www.cnn.com/2021/01/11/politics/house-articles-of-impeachment/index.html
"Legal Trump Cards? Understanding XXV, Impeachment, and Self-Pardon (VL384)" YouTube Video - January 8, 2021 - Hoeg Law https://youtu.be/lmMCh1NgahA
"Former Presidents Act" 3 USC 102 Note (via National Archives Website) https://www.archives.gov/about/laws/former-presidents.html
"Executive departments" 5 USC 101 https://www.law.cornell.edu/uscode/text/5/101
"Positions at level I" 5 USC 5312 https://www.law.cornell.edu/uscode/text/5/5312
2020 Executive Salary Table Office of Personnel Management Website https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2020/EX.pdf
Article II, Section 4, US Constitution https://www.law.cornell.edu/constitution/articleii
Article I, Section 3, Clauses 6 and 7, US Constitution https://www.law.cornell.edu/constitution/articlei#section3
"Powers, authorities, and duties of United States Secret Service" 18 USC 3056 https://www.law.cornell.edu/uscode/text/18/3056
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
With President Trump facing political headwinds the likes of which are rarely seen in American politics, join us as we dive deep into the US Constitution and attempt to provide clarity around the concepts of Presidential Removal (25th Amendment), Impeachment, and Self-Pardoning.
Nothing is ever as simple as Twitter Law would have you believe...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/lmMCh1NgahA
CHAPTERS 00:00 Introduction 02:20 Removing a President (25th Amendment) 10:29 Impeaching a President 14:25 Pardoning a President 23:10 Words from the Federalists 33:08 Conclusion
Discussed in this episode:
"The Vice President and cabinet members must invoke the 25th amendment NOW..." Tweet - January 7, 2021 - Bernie Sanders https://twitter.com/BernieSanders/status/1347269213694676992
Amendment XXV, US Constitution https://www.law.cornell.edu/constitution/amendmentxxv.
"Pence is said to oppose invoking 25th Amendment to strip Trump of his duties." New York Times - January 7, 2021 https://www.nytimes.com/2021/01/07/us/politics/pence-opposes-invoking-25th-amendment.html
"...Congress may be prepared to move forward with impeachment..." Tweet- January 7, 2021 - NPR https://twitter.com/NPR/status/1347262626426982401
Article II, Section 4, US Constitution https://www.law.cornell.edu/constitution/articleii
Article I, Section 2, Clause 5, US Constitution https://www.law.cornell.edu/constitution/articlei#section2
Article I, Section 3, Clauses 6 and 7, US Constitution https://www.law.cornell.edu/constitution/articlei#section3
"Trump asking aides and lawyers about self-pardon power" CNN - January 7, 2021 https://www.cnn.com/2021/01/07/politics/donald-trump-self-pardon/index.html
Article II, Section 2, Clause 1, US Constitution https://www.law.cornell.edu/constitution/articleii
"Presidential or Legislative Pardonof the President" US Department of Justice Memo - August 5, 1974 https://www.justice.gov/sites/default/files/olc/opinions/1974/08/31/op-olc-supp-v001-p0370.pdf
Federalist 74 Hamilton - 1788 https://avalon.law.yale.edu/18th_century/fed74.asp
Federalist 69 Hamilton - 1788 https://avalon.law.yale.edu/18th_century/fed69.asp
"PARDON INFORMATION AND INSTRUCTIONS" US Department of Justice Webpage https://www.justice.gov/pardon/pardon-information-and-instructions
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
Video game publisher Raw Fury has taken the unusual step of putting its publishing contract onto the Internet, and we couldn't be happier!
In Part II, join us as we look at one of the developer's most important obligations: actually delivering the game.
This is going to be fun, so let's dive in.
We strive to deliver...in Virtual Legality.
CHAPTERS 00:00 Introduction 2:09 Quick Review 4:56 Reporting on Progress 16:52 Final Delivery 28:28 Post-Release Support 36:55 Conclusion
Discussed in this episode:
"About Us" Raw Fury Webpage https://rawfury.com/about/
"Why we are publishing Raw Furys publishing agreement" Raw Fury Webpage https://rawfury.com/why-we-are-publishing-raw-furys-publishing-agreement/
"Developer Resources" Raw Fury Webpage (Click Through Dropbox for Publishing Agreement) https://rawfury.com/developer-resources/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
With images coming out of Washington that can scarcely be imagined, it is easy to grow despondent...but this is not the end.
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
One of our favorite topics here in Virtual Legality is the unusual relationship between video games, streaming, copyrights, and software licensing; and in particular how a failure to license the right to actually stream (or make videos from) games puts creators in a precarious position.
Now game publish Capcom has tried to clarify its position on streaming by adopting a new "Video Policy", but are its efforts enough?
Let's dive in.
In the "wright" light all attorneys can be "ace", at least...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/tgmzS0RxyWA
CHAPTERS 00:00 Introduction 01:43 Opening - On Copyright and Software Licenses 11:20 The New Capcom Video Policy 36:59 Conclusion
Discussed in this episode:
"Streaming, Copyright Infringement, and Fair Use (Virtual Legality #177)" YouTube Video - February 19, 2020 - Hoeg Law https://youtu.be/vTjsKrC3tOE
"Exclusive rights in copyrighted works" 17 USC 106 https://www.law.cornell.edu/uscode/text/17/106
"Limitations on exclusive rights: Fair use" 17 USC 107 https://www.law.cornell.edu/uscode/text/17/107
Capcom License Agreements http://game.capcom.com/eula/eng.html https://store.steampowered.com/eula/582010_eula_0 https://www.capcom.com/capcom/legal_privacy/online_eula.html https://store.capcom.com/docs/cgv
"Capcom Video Policy" Updated January 6, 2021 https://www.capcom.com/video-policy/
"I Wish 'Resident Evil 2' Let Me Be a More Compassionate Hero" Vice - February 1, 2019 https://www.vice.com/en/article/59xgqz/resident-evil-2-survivor-compassion
h/t: Justin Greene, PushDustIn
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
Video game publisher Raw Fury has taken the unusual step of putting its publishing contract onto the Internet, and we couldn't be happier!
Join us for Part I as we look at some of the most important early terms in the contract, including ownership of the game itself, and restrictions on what the developer can and can't do with its current and future intellectual property.
This is going to be fun, so let's dive in.
Dissecting a Game Publishing Agreement; its a series that could only happen...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/4_Qqdl6Gcz4
CHAPTERS 00:00 Introduction 07:31 Opening Recitals 11:10 Definitions 23:13 Good Faith (and Fair Dealing) 26:07 Licensing the IP 32:48 Owning the Game 35:39 Competing with the Publisher 39:53 Selling the Sequel 47:25 Conclusion
Discussed in this episode:
"About Us" Raw Fury Webpage https://rawfury.com/about/
"Why we are publishing Raw Furys publishing agreement" Raw Fury Webpage https://rawfury.com/why-we-are-publishing-raw-furys-publishing-agreement/
"Developer Resources" Raw Fury Webpage (Click Through Dropbox for Publishing Agreement) https://rawfury.com/developer-resources/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
2021 is beginning like 2020 ended - with Cyberpunk stories! Only this time, CD Projekt Red's now-(in)famous Cyberpunk 2077 launch is not at issue, but instead it is the Nintendo Switch launch of a little known title called "Sense: A Cyberpunk Ghost Story".
What has caused a game which was already released (on PC) five months ago to find itself in such a large spotlight?
Well, at least according to the game's publisher, Top Hat Studios, it's the calls to censor the company's own...rather large set of spotlights.
Let's dive in.
We're always against censorship, but have to question "Sense"-orship...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/TgR2jQFa0a4
Discussed in this episode:
"A Cyberpunk Ghost Story Will Be Haunting The Switch Soon" Nintendo Life - December 30, 2020 https://www.nintendolife.com/news/2020/12/a_cyberpunk_ghost_story_will_be_haunting_the_switch_soon
"A Cyberpunk Ghost Story Will Be Haunting The Switch Soon" Tweet - December 30, 2020 - NIntendo Life https://twitter.com/nintendolife/status/1344289679911374850
"OFFICIAL STATEMENT REGARDING CALLS DEMANDING CENSORSHIP OF SENSE..." Tweet - January 1, 2021 - Top Hat Studios https://twitter.com/TopHatStudiosEN/status/1345071217636732930
"We originally did not want to make this post..." Tweet - January 2, 2021 - Top Hat Studios https://twitter.com/TopHatStudiosEN/status/1345503707203571716
"Sense: A Cyberpunk Ghost Story" Steam Page https://store.steampowered.com/app/1120560/Sense___A_Cyberpunk_Ghost_Story/
"Let's Debate! Top Ten Video Games of the Year (2020 Edition) (THABTO)" YouTube Video - December 19, 2020 - Hoeg Law https://www.youtube.com/watch?v=Jd1W4ZoiXkI&feature=youtu.be
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
The release of CD Projekt Red's Cyberpunk 2077 has resulted in what was quickly becoming inevitable: a class action lawsuit.
But what did CDPR know and when did they know it?
Why is the filed complaint not likely to be indicative of what CDPR is really facing?
And just why are lawyers always in such a hurry to file these kind of actions anyway? (Hint: The answer is 'money'.)
Let's dive in.
Yeah, that's a 'BINGO'...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/_qXytLM4Gv8
Discussed in this episode:
"CD Projekt, CDPR, and Cyberpunk 2077: We Have a Reputation to Burn" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy8QxfJHOJGH8UsiYOqjwhq3
"Cyberpunk 2077: Will CD Projekt (CDPR) be Sued for Fraud? (VL376)" YouTube Video - December 21, 2020 - Hoeg Law https://youtu.be/m-0RdPRpxqs
"Employment of manipulative and deceptive devices." Rule 10b-5 https://ecfr.federalregister.gov/current/title-17/chapter-II/part-240/subpart-A/subject-group-ECFR271f57d9adc8b47/section-240.10b-5
Form of CDPR Lawsuit The Rosen Law Firm https://www.rosenlegal.com/media/casestudy/2267_Cd%20Projekt%20-%20Complaint%204849-9033-8517%20v.1.pdf
CDPR Lawsuit As filed December 24, 2020 https://www.scribd.com/document/489078061/Cyberpunk-2077-class-action-via-Polygon
"US Securities Class Actions: A Guide to the Initial Stages" JD Supra - May 27, 2020 https://www.jdsupra.com/legalnews/us-securities-class-actions-a-guide-to-65994/
"Private securities litigation" 15 USC 78u-4 https://www.law.cornell.edu/uscode/text/15/78u-4
"We have important news..." Tweet - January 16, 2020 - CD Projekt Red https://twitter.com/CDPROJEKTRED/status/1217861009446182912
"CDPR's Cyberpunk Damage Control Call: Corpos Searching for Answers (VL371)" YouTube Video - December 15, 2020 - Hoeg Law https://youtu.be/n7uzzQ7SV-0
CDPR Cyberpunk Launch Teleconference Transcript December 14/15, 2020 https://www.cdprojekt.com/en/wp-content/uploads-en/2020/12/call-transcript_en.pdf
"Liability of controlling persons and persons who aid and abet violations" 15 USC 78(t) (Exchange 20(a)) https://www.law.cornell.edu/uscode/text/15/78t
"Estimating Recoverable Damages in Rule 10b-5 Securities Class Actions" Cornerstone Research https://www.cornerstone.com/Publications/Reports/Estimating-Recoverable-Damages-in-Rule-10b-5-Securities-Class-Actions
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
While the Internet has long talked of "Nintendo Ninjas" that will spring at a moment's notice to take down the latest unwitting fan game or Internet post, never before has the video game giant's prior behavior been made so clear as it has been with the apparent leaking of Nintendo of America's (NOA) proposal to "deal with" 3DS hacker Neimod in 2013.
Some call it stalking. Some call it extortion. But is it either?
And perhaps more importantly, is what Nintendo has allegedly been doing legal? Ethical? Both? Neither?
Let's dive in.
Nintendo knows when you've been bad or good...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/60JWPvxCPME
Discussed in this episode:
[Links Publicly Available]
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
DESIGN WORK Joe Ellis (Logo Design) Chris Leroux (Motion Graphics) For more information: contact Chris at @Chrisleroux on Twitter.
PODCAST VERSIONS ALSO AVAILABLE
With so many news stories covered this year, there were bound to be a few that needed updating.
Join us as we revisit the Dragonlance lawsuit; Duke Nukem, Gearbox, and Bobby Prince; the felony streaming bill (as incorporated in the 2021 appropriations package), and, of course, "Free Fortnite".
Where else can you get your legal news patch notes, but...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/BzxKGIPl8rk
CHAPTERS 00:00 Introduction and Thank You (30,000) 01:51 Dragonlance Case Dismissed 05:54 Gearbox Settles with Duke Nukem Composer 13:49 Felony Streaming Passed by Congress 22:25 Epic Sends Free Fortnite Swag to Influencers 25:25 Conclusion
Discussed in this episode:
"A Lawyer's Deep Dive into the Dragonlance/WoTC Lawsuit (VL342)" YouTube Video - October 20, 2020 - Hoeg Law https://youtu.be/x18niWAQiBk
"Hey Hoeg, that Dragonlance case appears to have settled..." Tweet - December 19, 2020 - Joseph La Russa https://twitter.com/Joseph_La_Russa/status/1340173883350069251
"Margaret Weis LLC v. Wizards of the Coast LLC" Notice-Other - Document 4 https://www.courtlistener.com/docket/18546431/4/margaret-weis-llc-v-wizards-of-the-coast-llc/
"I know some of you have seen that our lawsuit against WoTC was dismissed." Tweet - December 19, 2020 - Margaret Weis https://twitter.com/WeisMargaret/status/1340350657690292224
"Duke Diligence: Did Lawyers Fail Gearbox/Nukem? (VL248)" YouTube Video - June 17, 2020 - Hoeg Law https://youtu.be/91L8tkQ1Pbs
"Gearbox sues 3D Realms over Duke Nukem, again" PC Gamer - June 15, 2020 - Andy Chalk https://www.pcgamer.com/gearbox-sues-3d-realms-over-duke-nukem-again/
"Streaming a Felony? On Twitch and Copyright Infringement (VL369)" YouTube Video - December 11, 2020 - Hoeg Law https://youtu.be/A7Tq3U2B3r8
2021 Appropriations Bill https://rules.house.gov/sites/democrats.rules.house.gov/files/BILLS-116HR133SA-RCP-116-68.pdf
Summary of Authorizing Matters (2021 Appropriations) https://appropriations.house.gov/sites/democrats.appropriations.house.gov/files/Summary%20of%20H.R.%20133%20Authorizing%20Matters.pdf
COPPA Rule https://www.ecfr.gov/cgi-bin/text-idx?SID=4939e77c77a1a1a08c1cbf905fc4b409&node=16%3A1.0.1.3.36&rgn=div5
"An Antitrust Epic" YouTube Playlist https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
[Free Fortnite Swag Images] Tweet - December 21, 2020 - Greg Miller https://twitter.com/GameOverGreggy/status/1341118795629228033
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
The release of CD Projekt Red's Cyberpunk 2077 has been perhaps the most dramatic of the year; delays, crunch, intellectual property takedowns, ill-advised management commentary, dramatic store removals, bugs, deception, and crashes both of the hardware and stock price variety. It has been a crazy month for the formerly well-liked game company.
But it's with respect to that final category of drama (stock prices) that CD Projekt (and developer CDPR) may need to be the most concerned, as company investors (and the class action attorneys that would seek to represent them) line up to determine whether they can bring a case that the company perpetuated a fraud on the market, either through active deception...or carefully considered omission.
What are securities? What are securities laws? How do such laws (and regulatory bodies) seek to protect investors? And why should CD Projekt perhaps be a bit concerned?
Let's dive in.
CD Projekt and Cyberpunk are only one dramatic lawsuit away from completing their bingo card...in Virtual Legality.
CHECK OUT THE VIDEO AND SOURCE LINKS AT: https://youtu.be/m-0RdPRpxqs
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
Tom and Rick Hoeg debate their favorites from the world of gaming in 2020!
Which list is terrible? Which list is great? And why is the answer to both the same?
Come join us for a celebration of the gaming scene as we end the year off right. THABTO style!
Rick has practiced for more than a decade at some of the country's largest law firms, representing IT, software, video game, and other technology companies, as well as the individuals and institutions which fund them.
Tom has worked in the video game industry for years, including on some of the world's biggest games like Ratchet and Clank, Destiny, and Call of Duty. He is currently working on the latest and greatest additions to the Call of Duty franchise.
ALL VIEWS ESPOUSED BY TOM ARE HIS AND HIS ALONE AND DO NOT REPRESENT THE VIEWS OR POSITIONS OF ACTIVISION, HIGH MOON STUDIOS, OR ANYONE ELSE.
ANY LEGAL DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Any and all feedback is appreciated. Let us know what you think!
FOR MORE CHECK US OUT:
On Twitter @hoeglaw
At our website: https://hoeglaw.com/
On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/
With Sony's dramatic decision to pull Cyberpunk 2077 from its digital store shelves, all eyes turned towards Microsoft and Xbox.
And what did the gaming giant decide to do? As it turns out, it mostly held firm - defending developer (and marketing partner) CD Projekt Red (CDPR) from the slings and arrows of gamers' discontent, but also hedging its bets by offering refunds to any and all players who want one.
With so much at stake for CDPR, Microsoft, Sony, investors, retailers, and gamers, what can we now take from the present state of play? (And why won't CDPR stop issuing statements full of subtle digs and half-truths?)
Let's dive in.
Xbox is pot-committed to powering those dreams...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/PZKHj1rw1T8
Discussed in this episode:
"CD Projekt, CDPR, and Cyberpunk 2077: We Have a Reputation to Burn" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy8QxfJHOJGH8UsiYOqjwhq3
"Cyberpunk 2077 Refunds" https://www.playstation.com/en-us/cyberpunk-2077-refunds/
"Sony Removes Cyberpunk 2077 from PlayStation (PSN) INDEFINITELY (VL374)" YouTube Video - December 17, 2020 - Hoeg Law https://youtu.be/-L_IxPrtkuY
"Important Update for [PlayStation] Users" Tweet - December 18, 2020 - Cyberpunk 2077 https://twitter.com/CyberpunkGame/status/1339846154176126976
"Updated: Cyberpunk 2077's Removal From The PS Store Was A CD Projekt Red Decision" The Gamer - December 18, 2020 https://www.thegamer.com/cyberpunk-2077s-removal-from-the-ps-store-was-a-cd-projekt-red-decision/
"Reading Corporate Messaging with Hoeg!" Tweet - December 18, 2020 - Richard Hoeg https://twitter.com/HoegLaw/status/1339973645939183624
CD Projekt Board Statement Subject: Temporary suspension of the availability of Cyberpunk 2077 on PlayStation Store https://www.bankier.pl/wiadomosc/CD-PROJEKT-SA-Czasowe-wstrzymanie-dostepnosci-gry-Cyberpunk-2077-w-PlayStation-Store-8023177.html
"Cyberpunk 2077: To ensure that every player can get the experience they expect on Xbox..." Twitter Thread - December 18, 2020 - Xbox Support https://twitter.com/XboxSupport/status/1339983446865801224
"now individual retailers for physical Cyberpunk discs are expanding refund policies..." Tweet - December 18, 2020 - Paul Tassi https://twitter.com/PaulTassi/status/1340005713792430083
"GameStop Memo Directs Customers Seeking 'Cyberpunk 2077' Refund to CD Projekt" Vice - December 16, 2020 https://www.vice.com/en/article/7k945q/gamestop-memo-directs-customers-seeking-cyberpunk-2077-refund-to-cd-projekt
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
When Cyberpunk 2077 developer CD Projekt Red (CDPR) and its parent company CD Projekt went out with an "offer" to dissatisfied Cyberpunk customers - telling them they could get refunds from Microsoft and Sony, one could be forgiven for assuming that the multi-billion dollar international game giant had at least notified its business partners.
But as we found out later, that was not the case.
Now, PlayStation platform manufacturer Sony gives us our most dramatic turn in the story yet, responding to the repeated refund requests (and CD Projekt's belated notification), by removing the game from its storefront entirely. One week before Christmas.
Will they be the only ones? How did CD Projekt truly dig its own grave here? And what does it mean for the financial prospects of the company?
There is so very, very much to discuss here. So let's dive in.
Sony Says: Play most definitely has some limits...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/-L_IxPrtkuY
Discussed in this episode:
"Cyberpunk 2077 Refunds" https://www.playstation.com/en-us/cyberpunk-2077-refunds/
"Dear Gamers..." Tweet - December 14, 2020 - Cyberpunk 2077 (@CyberpunkGame) https://twitter.com/CyberpunkGame/status/1338390123373801472
CDPR Cyberpunk Launch Teleconference Transcript December 14/15, 2020 https://www.cdprojekt.com/en/wp-content/uploads-en/2020/12/call-transcript_en.pdf
"How to request a refund on a PlayStation Store purchase" https://www.playstation.com/en-us/support/store/ps-store-refund-request/
"CDPR's Cyberpunk Damage Control Call: Corpos Searching for Answers (VL371)" YouTube Video - December 15, 2020 - Hoeg Law https://youtu.be/n7uzzQ7SV-0
"Earlier today..." Tweet - December 16, 2020 - GOG https://twitter.com/GOGcom/status/1339227388438306817
CD Projekt Board Statement Subject: Temporary suspension of the availability of Cyberpunk 2077 on PlayStation Store https://www.bankier.pl/wiadomosc/CD-PROJEKT-SA-Czasowe-wstrzymanie-dostepnosci-gry-Cyberpunk-2077-w-PlayStation-Store-8023177.html
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
When Activision announced a "unified" progression track across its Call of Duty franchise, it also heavily implied that one could invest in one or more of the titles in such progression without fear of losing the value of that investment.
But now, with Warzone being updated to accommodate a new season focused on the latest Call of Duty game, Black Ops: Cold War, players that had invested in only the Warzone (and not Modern Warfare) universe are finding the value of that investment cut down significantly.
Is such a move legal? What of Activision's standard end user license agreement (EULA) terms? And what does it mean that so many appear to have been taken by surprise by the change?
Let's dive in.
Some of this stuff is getting pretty darn close to the line...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/FOAMaCRg6Js
Discussed in this episode:
"Activision has moved all of the COD Warzone XP tokens..." Tweet - December 17, 2020 - Nessuno https://twitter.com/NessunoIm/status/1339500793565564928
"Modern Warfare’s Double XP tokens no longer work in Call of Duty: Warzone" Polygon - December 17, 2020 - Austen Goslin https://www.polygon.com/call-of-duty/2020/12/16/22179143/call-of-duty-warzone-modern-warfares-double-xp-tokens-multiplayer-black-ops-cold-war-battle-pass
"Is this ok?..." Reddit Thread - December 16, 2020 https://www.reddit.com/r/CODWarzone/comments/ke6e0t/is_this_ok_they_have_stripped_us_for_xp_tokens/
"Removing xp tokens..." Reddit Thread - December 16, 2020 https://www.reddit.com/r/CODWarzone/comments/ke8ft2/removing_xp_tokens_is_a_fucking_scummy_move/?sort=top
"Modern Warfare XP Tokens no longer available in Warzone" Charlie Intel - December 16, 2020 - Liam Mackay https://charlieintel.com/modern-warfare-xp-tokens-no-longer-available-in-warzone/73292/
"BATTLE PASS" Call of Duty Webpage https://www.callofduty.com/warzone/strategyguide/pre-game-preparation/battlepass
"TERMS OF USE" Activision Legal Webpage https://www.activision.com/legal/terms-of-use
"Unfair methods of competition unlawful; prevention by Commission" 15 USC 45 https://www.law.cornell.edu/uscode/text/15/45
"Unfair, unconscionable, or deceptive methods, acts, or practices in conduct of trade or commerce; rules; applicability of subsection (1)(hh)." MCL 445.903 (MI) http://www.legislature.mi.gov/(S(qpjyuugfaalks2vwgcjgdfdm))/mileg.aspx?page=getObject&objectName=mcl-445-903
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
The launch of Cyberpunk 2077 may be a major source of pain for CD Projekt (and developer CD Projekt Red), but it's not the only one.
No, today, CD Projekt and its subsidiary Good Old Games (GOG) showed a special devotion to staying in the news cycle, by purporting to save Red Candles' long missing horror game "Devotion" before scuttling those plans in the face of requests from "gamers" (or China - depending on how much you presently trust CD Projekt's corporate communications).
Yup. It's been a week for the Polish mega-giant.
Let's dive in.
CD Projekt seems to be suffering under some kind of little black rain cloud...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/LdplhFtq1pc
Discussed in this episode:
"Is CDPR Abusing Copyright Law to Protect Cyberpunk 2077? (VL366)" YouTube Video - December 7, 2020 - Hoeg Law https://youtu.be/e809pzNpkr4
"How NOT to Make an Apology: A Cyberpunk Story (By CDPR) (VL370)" YouTube Video - December 14, 2020 - Hoeg Law https://youtu.be/KOUbYfX02nk
"CDPR's Cyberpunk Damage Control Call: Corpos Searching for Answers (VL371)" YouTube Video - December 15, 2020 - Hoeg Law https://youtu.be/n7uzzQ7SV-0
"Hello friends..." Tweet - December 16, 2020 - redcandlegames (@redcandlegames) https://twitter.com/redcandlegames/status/1339148313032060929
"CD Projekt" Wikipedia Entry https://en.wikipedia.org/wiki/CD_Projekt
"Virtual Legality #28 - Winnie the Pooh, Red Candles, and Steam's Devotion to China" YouTube Video - February 26, 2019 - Hoeg Law https://youtu.be/I2cm1fAqFmI
"Horror game Devotion pulled from Steam amid controversial joke about Chinese President Xi Jinping" GameDailyBiz - February 25, 2019 - Ana Valens https://gamedaily.biz/article/626/horror-game-devotion-pulled-from-steam-amid-controversial-joke-about-chinese-president-xi-jinping
"Official Statement Regarding Devotion Current State" February 25, 2019 https://steamcommunity.com/games/1006510/announcements/detail/1769256475103741408
"GOG suddenly pulls troubled horror game Devotion mere hours after its return was announced" PC Gamer - December 16, 2020 - Rich Stanton https://www.pcgamer.com/devotion-returns-almost-two-years-after-a-china-centric-controversy-saw-it-removed-from-steam/
"Earlier today..." Tweet - December 16, 2020 - GOG https://twitter.com/GOGcom/status/1339227388438306817
CDPR Cyberpunk Launch Teleconference Transcript December 14/15, 2020 https://www.cdprojekt.com/en/wp-content/uploads-en/2020/12/call-transcript_en.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
In the world of Cyberpunk 2077, the "Corpos" are individuals charged with realizing the desires of the unfeeling evolution of the modern global corporation, willing to make any statement, pursue any avenue, in furtherance of their goals.
While Cyberpunk 2077 developer CD Projekt Red (CDPR) and its C-level officers may not be quite so...driven, has spending the better part of a decade building a world dominated by such entities rubbed off on the fan favorite game developer?
Certainly some of the answers (and non-answers) put forth in the company's "damage control" conference call today (on topics ranging between refunds, timelines, performance, certification, hardware partners, and more) suggest that it could have.
A lot to discuss here, so let's dive in.
Sometimes less is more...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/n7uzzQ7SV-0
Discussed in this episode:
"CD Projekt Red had a conference call few hours ago..." Tweet - December 15, 2020 - Nibel (@Nibellion) https://twitter.com/Nibellion/status/1338812331132936192
"How NOT to Make an Apology: A Cyberpunk Story (By CDPR) (VL370)" YouTube Video - December 14, 2020 - Hoeg Law https://youtu.be/KOUbYfX02nk
"Dear Gamers..." Tweet - December 14, 2020 - Cyberpunk 2077 (@CyberpunkGame) https://twitter.com/CyberpunkGame/status/1338390123373801472
CDPR Cyberpunk Launch Teleconference Transcript December 14/15, 2020 https://www.cdprojekt.com/en/wp-content/uploads-en/2020/12/call-transcript_en.pdf
"How to request a refund on a PlayStation Store purchase" https://www.playstation.com/en-us/support/store/ps-store-refund-request/
"Sony isn’t Giving Cyberpunk 2077 Refunds to PS4 Players Despite CD Projekt RED’s Refund Offer" PlayStation Lifestyle - December 14, 2020 - Chandler Wood https://www.playstationlifestyle.net/2020/12/14/sony-cyberpunk-2077-refunds-ps4-cd-projekt-red-refund-offer/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
By all commercial metrics, the release of Cyberpunk 2077 by developer CD Projekt Red has been an unmitigated success.
But despite convincing a huge number of people to purchase their game, that game's actual performance leaves much to be desired, particularly on "old gen" platforms PS4 and Xbox One.
So what does the company that deliberately hid those performance issues from its consumers do after release?
Well, they apologize, of course. Or try to.
Let's dive in.
Keanu says: It's time to burn this apology to the ground...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/KOUbYfX02nk
Discussed in this episode:
"Dear Gamers..." Tweet - December 14, 2020 - Cyberpunk 2077 (@CyberpunkGame) https://twitter.com/CyberpunkGame/status/1338390123373801472
"Cyberpunk 2077's Performance On Base PS4 Is 'Unacceptable' In Digital Foundry Analysis" GameSpot - December 12, 2020 - Darryn Bonthuys https://www.gamespot.com/articles/cyberpunk-2077s-performance-on-base-ps4-is-unacceptable-in-digital-foundry-analysis/1100-6485428/
Digital Foundry YouTube Channel https://www.youtube.com/user/DigitalFoundry
"Digital Game Purchase Refund Terms" Xbox Support Page https://support.xbox.com/en-US/help/subscriptions-billing/buy-games-apps/digital-game-purchase-refund-terms
"How to request a refund on a PlayStation Store purchase" https://www.playstation.com/en-us/support/store/ps-store-refund-request/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
The Copyright Act of 1976, is perhaps unsurprisingly, rather ill-suited to our modern digital streaming age.
One of the things the Act failed to anticipate was the sheer breadth and availability of Internet streams for all manner of copyrighted material, and that failure manifests in the Act's distinction between copying (and distributing copies) of such material and simply streaming it live.
Now, the US government seeks to close that "loophole" by treating "digital transmission services" that infringe copyright in certain streaming circumstances as felony offenders.
What does that mean for the average day-to-day streamer? For Twitch? Is the DMCA implicated? And why is at least some of the drama overblown?
Let's dive in.
It might just become even more important to check those EULAs...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/A7Tq3U2B3r8
Discussed in this episode:
"Corrupt Politician Wants JAIL TIME For DMCA Claims On Youtube & Twitch! Stop This Now!" YouTube Video - December 10, 2020 - TheQuartering https://www.youtube.com/watch?v=RpApd8cNBF8
"Proposed U.S. Law Could Slap Twitch Streamers With Felonies For Broadcasting Copyrighted Material" Kotaku - December 9, 2020 - Nathan Grayson https://kotaku.com/proposed-u-s-law-could-slap-twitch-streamers-with-felo-1845846012
"Lawmakers are cramming controversial copyright provisions into a must-pass spending bill" Protocol - December 4, 2020 - Emily Birnbaum https://www.protocol.com/amp/copyright-provisions-in-spending-bill-2649260098
"Limitations on liability relating to material online" 17 USC 512 (the DMCA) https://www.law.cornell.edu/uscode/text/17/512
"Exclusive rights in copyrighted works" 17 USC 106 https://www.law.cornell.edu/uscode/text/17/106
"Criminal offenses" 17 USC 506 https://www.law.cornell.edu/uscode/text/17/506
"Criminal infringement of a copyright" 18 USC 2319 https://www.law.cornell.edu/uscode/text/18/2319
July 18, 2019 Copyright Office Letter Addressed to Sen. Thom Tillis https://www.copyright.gov/laws/hearings/letter-to-senators-tillis-and-coons-on-felony-streaming.pdf
"Tillis Releases Text of Bipartisan Legislation to Fight Illegal Streaming by Criminal Organizations" December 10, 2020 https://www.tillis.senate.gov/2020/12/tillis-releases-text-of-bipartisan-legislation-to-fight-illegal-streaming-by-criminal-organizations
"Protecting Lawful Streaming Act of 2020" https://www.tillis.senate.gov/services/files/A30B0C08-FB97-4F90-BB60-43283EB7AF35
"Criminal Copyright Infringement" Justia Webpage https://www.justia.com/intellectual-property/copyright/criminal-copyright-infringement/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
"…the FTC requests that this Court…enter final judgment against Facebook…ordering…divestiture or reconstruction of businesses (including, but not limited to, Instagram and/or WhatsApp)…”
Like so many other technology giants over the past few years, Facebook is facing legal action claiming that its behaviors are those of an anti-competitive monopolist in violation of United States antitrust and fair trade laws.
But while Facebook and the rest of Big Tech have taken many actions which legislators have rightly considered regulating, is the case presented by the Federal Trade Commission (FTC) and 48(!) states really all that strong? And what of the failure of the FTC to prevent the acquisitions when presented with them a half decade plus ago?
This is a big one. Let's dive in.
Facebook’s got a fight for its future on its hands...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/JiIEMODTmXE
Discussed in this episode:
“Facebook hit with antitrust lawsuit from FTC and 48 state attorneys general” ABC News – December 9, 2020 – Catherine Throbecke https://abcnews.go.com/Business/facebook-hit-antitrust-lawsuit-ftc-48-state-attorneys/story?id=74623634&cid=social_twitter_abcn
FTC vs Facebook Filed – December 9, 2020 https://www.ftc.gov/system/files/documents/cases/1910134fbcomplaint.pdf
“False advertisements; injunctions and restraining orders” 15 USC 53 https://www.law.cornell.edu/uscode/text/15/53
“Unfair methods of competition unlawful; prevention by Commission” 15 USC 45 https://www.law.cornell.edu/uscode/text/15/45
“Monopolizing trade a felony; penalty” 15 USC 2 https://www.law.cornell.edu/uscode/text/15/2
“SINGLE-FIRM CONDUCT AND SECTION 2 OF THE SHERMAN ACT: AN OVERVIEW” Department of Justice Antitrust Division Webpage https://www.justice.gov/atr/competition-and-monopoly-single-firm-conduct-under-section-2-sherman-act-chapter-1
“Merger Review” FTC Website https://www.ftc.gov/news-events/media-resources/mergers-and-competition/merger-review
“FTC clears Facebook's acquisition of Instagram” Reuters – August 22, 2012 – Alexei Oreskovic https://www.reuters.com/article/us-facebook-instagram/ftc-clears-facebooks-acquisition-of-instagram-idUSBRE87L14W20120823
“Facebook says WhatsApp deal cleared by FTC” Reuters – April 10, 2014 – Alexei Oreskovic https://www.reuters.com/article/us-facebook-whatsapp/facebook-says-whatsapp-deal-cleared-by-ftc-idUSBREA391VA20140410
“Premerger notification and waiting period” 15 USC 18a https://www.law.cornell.edu/uscode/text/15/18a
“Acquisition by one corporation of stock of another” 15 USC 18 https://www.law.cornell.edu/uscode/text/15/18
“48 States v Facebook” Filed December 9, 2020 https://ag.ny.gov/sites/default/files/facebook_complaint_12.9.2020.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
"The 2020 U.S. Presidential election is now a “past election” under our policies."
"...we remove content that misleads people by alleging that widespread fraud or errors changed the outcome of the 2020 U.S. presidential election uploaded on or after December 9."
" We will begin issuing strikes for new content uploaded after Inauguration Day, January 20, 2021."
YouTube has determined that mere allegations of things like errors in the biggest, most mail-focused election in US history are sufficient to have channels struck. What does that mean for content creators, the platform, historians, and US election criticism?
Let's dive in.
We're told that democracy dies in darkness...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/aG7ZGFOVzQQ
Discussed in this episode:
"Yesterday was the Safe Harbor deadline..." Tweet - December 9, 2020 - TeamYouTube (@TeamYouTube) https://twitter.com/TeamYouTube/status/1336676707554758657
"Spam, deceptive practices, & scams policies" YouTube Help Page https://support.google.com/youtube/answer/2801973
"Supporting the 2020 U.S. election" YouTube Blog - December 9, 2020 https://blog.youtube/news-and-events/supporting-the-2020-us-election
"Meeting and vote of electors" 3 USC 7 https://www.law.cornell.edu/uscode/text/3/7
"Joe Biden won 3 of every 4 mail ballots in Pennsylvania. Trump won 2 of 3 votes cast in person. What does that mean for the future?" Philadelphia Inquirer - November 20, 2020 https://www.inquirer.com/politics/election/mail-ballots-pennsylvania-election-trump-biden-20201119.html
"Error and Fraud at Issue as Absentee Voting Rises" New York Times - October 6, 2012 https://www.nytimes.com/2012/10/07/us/politics/as-more-vote-by-mail-faulty-ballots-could-impact-elections.html
"Trump Sues in Michigan: Let's Look at the Complaint (VL352)" YouTube Video - November 4, 2020 - Hoeg Law https://youtu.be/qoEAyPj47j8
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
When leaks of major plot points, screenshots, and cinematic cut-scenes from the much anticipated Sony/Naughty Dog exclusive "Last of Us Part II" started being disseminated early there could be little doubt that Sony would take some kind of drastic legal action, but...
Wait...that's not right.
I meant when early, legitimate, copies of Cyberpunk 2077, pressed by CDPR and sold to retailers were distributed to consumers early... My bad.
But what's old is new again, as CD Projekt Red appears to be taking the Sony path of scorching the intellectual property earth, whether or not they have the law behind them.
Time to talk about copyright law, fair use, the unprotectability of ideas and concepts, and the DMCA...again.
Let's dive in.
CDPR may well be the new Sony...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/e809pzNpkr4
Discussed in this episode:
"Cyberpunk v Early Streamers: A Legal (Cyborg) Leg to Stand On? (VL364)" YouTube Video - December 3, 2020 - Hoeg Law https://youtu.be/DAzNMFfUb4w
"Here's what you need to know..." Tweet - December 2, 2020 - Cyberpunk 2077 (@CyberpunkGame) https://twitter.com/CyberpunkGame/status/1334199901593464832
CDPR Video Policy https://cdprojektred.com/en/videopolicy
"CD PROJEKT RED User Agreement" Updated April 25, 2018 https://regulations.cdprojektred.com/en/user_agreement/
"CD Projekt Red has asked me to tweet that they did not give me my copy of Cyberpunk 2077" Tweet - December 5, 2020 - @DreamcastGuy https://twitter.com/DreamcastGuy/status/1335323777677348866
"CD Projekt Red just removed my Cyberpunk 2077 video" Tweet - December 6, 2020 - @DreamcastGuy https://twitter.com/DreamcastGuy/status/1335629923101315074
"Legally I have been told I cannot speak about Cyberpunk 2077 until Wednesday" Tweet - December 6, 2020 - @DreamcastGuy https://twitter.com/DreamcastGuy/status/1335642785060417540
"If this is in fact an accurate description of the video..." Tweet - December 6, 2020 - Hoeg Law https://twitter.com/HoegLaw/status/1335643643009445889
"Last of Us Leak Legalities" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-ULKii2yP9AY-Emo1_G8xN
International Copyright Relations Copyright Office Circular https://www.copyright.gov/circs/circ38a.pdf
"Subject matter of copyright: In general" 17 USC 102 https://www.law.cornell.edu/uscode/text/17/102
"Exclusive rights in copyrighted works" 17 USC 106 https://www.law.cornell.edu/uscode/text/17/106
"Limitations on exclusive rights: Fair use" 17 USC 107 https://www.law.cornell.edu/uscode/text/17/107
Campbell v. Acuff-Rose Music, Inc. 510 U.S. 569 (1994) https://supreme.justia.com/cases/federal/us/510/569/
"What Does Copyright Protect?" Copyright Office FAQ https://www.copyright.gov/help/faq/faq-protect.html
"Limitations on liability relating to material online" 17 USC 512 (DMCA) https://www.law.cornell.edu/uscode/text/17/512
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
BioWare has had no shortage of corporate messages to be analyzed since the start of Virtual Legality, but the announcement of the departure of the head of the studio and the head of the Dragon Age brand by a representative of Electronic Arts (EA) might just be the most impactful.
What does it all mean? Should BioWare fans be concerned? Why would the departures happen simultaneously on a Thursday in December? And why isn't a new GM ready to take the reins?
Let's dive in.
Change isn't unusual, but "interim" change is...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/MfNiz93P7zo
Discussed in this episode:
BioWare Webpage https://www.bioware.com/games/
BioWare Blog https://blog.bioware.com/
"A Message From Laura Miele, Chief Studios Officer, Electronic Arts" BioWare Blog - December 3, 2020 https://blog.bioware.com/2020/12/03/a-message-from-laura-miele-chief-studios-officer-electronic-arts/
"From Casey Hudson" BioWare Blog - December 3, 2020 https://blog.bioware.com/2020/12/03/from-casey-hudson/
"From Mark Darrah" BioWare Blog - December 3, 2020 https://blog.bioware.com/2020/12/03/from-mark-darrah/
"Thank you all for the love and enthusiasm you've shared with me re: Anthem" Tweet - December 3, 2020 - Christian Dailey (@ChristianDailey) https://twitter.com/ChristianDailey/status/1334639721201299456
"Thank You For Everything" BioWare Blog - July 18, 2017 https://blog.bioware.com/2017/07/18/thank-you-for-everything/
"Coming Home" BioWare Blog - July 18, 2017 https://blog.bioware.com/2017/07/18/coming-home/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
The release of CD Projekt Red's long awaited follow-up to critical and commercial smash hit The Witcher 3, Cyberpunk 2077, is nearly upon us, but for some...release day is already here.
With copies of Cyberpunk now available in the wild, CDPR has taken to social media to warn early players not to stream the game or face the (somewhat nebulous) consequences.
What does it all mean? What weight should be given to CDPR referencing a fictional enforcement group for video removal? How might CDPR's legal permissiveness actually thwart its efforts here? And how does Twitch play into the conversation?
Let's dive in.
Celebrating the punk lifestyle with legal threats...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/DAzNMFfUb4w
Discussed in this episode:
"CD Projekt warns against streaming Cyberpunk 2077 before release as copies ship early" Eurogamer - December 3, 2020 - Emma Kent https://www.eurogamer.net/articles/2020-12-03-cd-projekt-red-warns-against-streaming-cyberpunk-2077-before-release-day-as-copies-are-spotted-in-the-wild
"Just so we're super clear here..." Tweet - December 2, 2020 - Cohn Carnage (@CohnCarnage) https://twitter.com/CohhCarnage/status/1334198890728484864
"Here's what you need to know..." Tweet - December 2, 2020 - Cyberpunk 2077 (@CyberpunkGame) https://twitter.com/CyberpunkGame/status/1334199901593464832
"Last of Us Leak Legalities" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-ULKii2yP9AY-Emo1_G8xN
"CD PROJEKT RED User Agreement" Updated April 25, 2018 https://regulations.cdprojektred.com/en/user_agreement/
CDPR Video Policy https://cdprojektred.com/en/videopolicy
"A Legal Look at Nintendo's Shut Down of "The Big House" SSB Tourney (VL357)" YouTube Video - November 20, 2020 - Hoeg Law https://studio.youtube.com/video/dTMWug67InQ/edit
"BRO DID I JUST GET BANNED ON TWITCH FOR AGE OF CALAMITY?!" Tweet - November 19, 2020 - REVERSAL (@REVERSALx7) https://twitter.com/REVERSALx7/status/1329552330870689792
"Nintendo Switch Family: User Agreement" https://en-americas-support.nintendo.com/app/answers/detail/a_id/48058/~/nintendo-switch-family%3A-user-agreement
"Nintendo Game Content Guidelines for Online Video & Image Sharing Platforms" https://www.nintendo.co.jp/networkservice_guideline/en/index.html
Twitch "Terms of Service" Updated October 14, 2020 https://www.twitch.tv/p/legal/terms-of-service/
Twitch "Community Guidelines" Updated November 3, 2020 https://www.twitch.tv/p/legal/community-guidelines/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
The launches of Microsoft's Xbox Series S/Series X and Sony's PlayStation 5 have been met by many with general positivity. But one area where the two 4K gaming giants have not been on even footing is in respect of backwards compatibility, where the Xbox brand has put much of its focus.
Now, through the Xbox "developer mode" option, emulators like RetroArch are allowing Xbox players to play things like GameCube, Dreamcast, and even PlayStation 2 games.
What is the legal status of such an emulator? Of the ROMs it uses? Of the developer program itself?
And what will happen if Sony comes calling?
Let's dive in.
Xbox: Powering your PS2 Dreams...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/UR1l9DWrIXM
Discussed in this episode:
"Xbox Series S owners are playing PS2 games via emulation" VGC - November 30, 2020 - Tom Ivan https://www.videogameschronicle.com/news/xbox-series-s-owners-are-playing-ps2-games-via-emulation/
"PlayStation 2 Games are running on the XBOX Series S | MVG" YouTube Video - November 30, 2020 - Modern Vintage Gamer https://youtu.be/psTunlgKOMM
"A Legal Look at Nintendo's Shut Down of "The Big House" SSB Tourney (VL357)" YouTube Video - November 20, 2020 - Hoeg Law https://youtu.be/dTMWug67InQ
"Copyright and Digital Files" US Copyright Office Webpage https://www.copyright.gov/help/faq/faq-digital.html
"Limitations on exclusive rights: Computer programs" 17 USC 117 https://www.law.cornell.edu/uscode/text/17/117
"END USER LICENSE AGREEMENT" SEGA https://www.sega.com/EULA
"Circumvention of copyright protection systems" 17 USC 1201 https://www.law.cornell.edu/uscode/text/17/1201
17 USC 1201 - 2018 Final Rules https://www.govinfo.gov/content/pkg/FR-2018-10-26/pdf/2018-23241.pdf
"Xbox One Developer Mode activation" Microsoft Webpage https://docs.microsoft.com/en-us/windows/uwp/xbox-apps/devkit-activation
"Xbox One Developer Mode Activation Program" https://docs.microsoft.com/en-us/legal/windows/agreements/xbox-one-developer-mode-activation
"How one developer is sneaking emulators through a hole in the Xbox Store" Ars Technica - November 25, 2020 - Kyle Orland https://arstechnica.com/gaming/2020/11/how-one-developer-is-sneaking-emulators-through-a-hole-in-the-xbox-store/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
Mojang, Microsoft, and Minecraft have announced that their out to make more safe than it already is. How? By vesting Minecraft moderators with near total authority to permanently ban online Minecraft players for what is determined to be a "severe offense".
What does all that mean (and just how many separate documents does the term relate to when all is said and done)?
Let's dive in.
We're pretty much always against any one individual having total, non-appealable power...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/VKt_Hnce8pM
We're coming up on the second anniversary of Virtual Legality! To help celebrate, we'd love to have more subscribers come and discover our (still relatively small) show, and we need your help!
Please let folks know about the channel and check out the store for even more ways to show your support! STORE: https://teespring.com/stores/hoeg-law-store
And until December 1st, get 10% off purchases with the code: VL2NDANN.
Thank you so much for supporting the channel these past couple of years. We wouldn't have any success at all without you!
Hat Tip
@Emeraled3452 (Twitter)
Discussed in this episode:
"Hey [Hoeg Law]! There's a new article on the official Minecraft website..." Tweet - November 25, 2020 - TEXT (@Emeraled3452) https://twitter.com/Emeraled3452/status/1331589723974987777
"MODERATING MINECRAFT" Minecraft Blog Post - November 20, 2020 https://www.minecraft.net/en-us/article/moderating-minecraft
"Bedrock Edition" Minecraft Wiki https://minecraft.gamepedia.com/Bedrock_Edition
"Realms" Minecraft Wiki https://minecraft.gamepedia.com/Realms
"Why have I been banned from Minecraft?" Minecraft Blog Post - November 25, 2020 https://www.minecraft.net/en-us/article/moderating-minecraft
"World" Minecraft Wiki https://minecraft.gamepedia.com/World
Minecraft Community Standards https://www.minecraft.net/en-us/community-standards
"MINECRAFT END USER LICENSE AGREEMENT" Updated September 20, 2017 https://account.mojang.com/documents/minecraft_eula
"Microsoft Services Agreement" Effective October 1, 2020 https://www.microsoft.com/en-us/servicesagreement
"The Worst Terms in Gaming? The Unhappy Marriage of Facebook and Oculus (VL346)" YouTube Video - October 26, 2020 - Hoeg Law https://youtu.be/ZyFqWY2zOOQ
"JAVA EDITION IS MOVING HOUSE" Minecraft Blog - October 21, 2020 https://www.minecraft.net/en-us/article/java-edition-moving-house
"Community Standards for Xbox" Xbox Webpage https://www.xbox.com/en-US/legal/community-standards
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
When eagle-eyed reddit users determined that New York's famous Chrysler Building was no longer depicted in Spider-Man Miles Morales (despite appearing in Insomniac's original 2018 Spider-Man game), the Internet and game journalists immediately went about discussing the breadth, power, and frustration of modern copyright.
Only one problem: the Copyright Act doesn't apply.
Let's dive in.
We've got two types of intellectual property for two types of Spider-Man...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/wWDqmr91VTk
We're coming up on the second anniversary of Virtual Legality! To help celebrate, we'd love to have more subscribers come and discover our (still relatively small) show, and we need your help!
Please let folks know about the channel and check out the store for even more ways to show your support! STORE: https://teespring.com/stores/hoeg-law-store
And until December 1st, get 10% off purchases with the code: VL2NDANN.
Thank you so much for supporting the channel these past couple of years. We wouldn't have any success at all without you!
Discussed in this episode:
"Just noticed that the iconic Chrysler building has been removed in Spider-man Miles Morales. its actually ridiculous that a 90 year old building can no longer be replicated due to copyright infringment." Reddit Thread - November 20, 2020 https://www.reddit.com/r/PS5/comments/jyaeyu/spiderman_miles_morales_screenshot_just_noticed/
"Spider-Man: Miles Morales Is Missing This Major New York City Landmark" Game Informer - November 20, 2020 - Blake Hester https://www.gameinformer.com/2020/11/20/spider-man-miles-morales-is-missing-this-major-new-york-city-landmark
"Subject Matter and Scope of Copyright" US Copyright Office Publication https://www.copyright.gov/title17/92chap1.html
"PUBLIC LAW 101-650—DEC. 1, 1990" "Architectural Works" - 104 STAT. 5133 https://www.govinfo.gov/content/pkg/STATUTE-104/pdf/STATUTE-104-Pg5089.pdf
"Copyright Registration of Architectural Works" US Copyright Office Publication - Circular 41 https://www.copyright.gov/circs/circ41.pdf
"Chrysler Building" Wikipedia Entry https://en.wikipedia.org/wiki/Chrysler_Building
"Chrysler Building - Spire and Facade Restoration" Archinect Firms Website https://archinect.com/hoffarch/project/chrysler-building-spire-and-facade-restoration
"Scope of exclusive rights in architectural works" 17 USC 120 https://www.law.cornell.edu/uscode/text/17/120
Trademark, Patent, or Copyright? USPTO Website https://www.uspto.gov/trademarks-getting-started/trademark-basics/trademark-patent-or-copyright
"Remedies; infringement; innocent infringement by printers and publishers" 15 USC 1114 https://www.law.cornell.edu/uscode/text/15/1114
Chrysler Building Design Trademark 1126888 http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4802:9r2dgi.2.2
"The protection of architectural design of buildings - a growing trend" Krishna & Saurastri Associates LLP https://www.lexology.com/library/detail.aspx?g=e56cbff7-a884-4935-af05-5084f90bd5ad
"False designations of origin, false descriptions, and dilution forbidden" 15 USC 1125 https://www.law.cornell.edu/uscode/text/15/1125#c_2_B
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
Nintendo's been on quite the news run lately, both with tremendous successes (Animal Crossing sells 26M units!) as well as at least a few things in the other column (long running Smash Bros tournament shut down in midst of pandemic; streaming bans).
So it seems only fitting that the video game giant has now combined the two, in yet another instance where the language of a blog post appears to offer some comfort to video game users and streamers, while perhaps not delivering quite what it says on the tin.
What does Nintendo have to say about business, politics, and Animal Crossing specifically?
Let's dive in.
New Horizons meet old...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/w0wXAGJ3tBs
We're coming up on the second anniversary of Virtual Legality! To help celebrate, we'd love to have more subscribers come and discover our (still relatively small) show, and we need your help!
Please let folks know about the channel and check out the store for even more ways to show your support! STORE: https://teespring.com/stores/hoeg-law-store
And until December 1st, get 10% off purchases with the code: VL2NDANN.
Thank you so much for supporting the channel these past couple of years. We wouldn't have any success at all without you!
Discussed in this episode:
"Nintendo’s latest results reveal huge Animal Crossing sales, as Switch hardware approaches 70m" VGC - November 5, 2020 - Andy Robinson https://www.videogameschronicle.com/news/nintendos-latest-results-reveal-huge-animal-crossing-sales-as-switch-hardware-approaches-70m/
"'Animal Crossing' players can deck their virtual yards with Joe Biden campaign signs" CNN - September 1, 2020 - Allen Kim https://www.cnn.com/2020/09/01/tech/animal-crossing-biden-trnd/index.html
"Animal Crossing: New Horizons Usage Guidelines for Businesses and Organizations" Nintendo Post - November 19, 2020 https://www.nintendo.co.jp/animalcrossing_announcement/en/index.html
"A Legal Look at Nintendo's Shut Down of "The Big House" SSB Tourney (VL357)" YouTube Video - November 20, 2020 - Hoeg Law https://youtu.be/dTMWug67InQ
"Nintendo Switch Family: User Agreement" https://en-americas-support.nintendo.com/app/answers/detail/a_id/48058/~/nintendo-switch-family%3A-user-agreement
"Nintendo Game Content Guidelines for Online Video & Image Sharing Platforms" https://www.nintendo.co.jp/networkservice_guideline/en/index.html
"Nintendo Account User Agreement" Updated July 2020 https://accounts.nintendo.com/term/eula/US
"Code of Conduct" Updated March 2018 https://www.nintendo.com/nintendoaccount/code-of-conduct/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
Alan Dean Foster, famous science fiction and fantasy author responsible for many of the early Star Wars novelizations (including erstwhile Star Wars sequel "Splinter of the Mind's Eye"), has alleged that he has not been receiving royalties for the sales of his Lucasfilm-related books after Disney's acquisition of the company.
What is Mr. Foster's precise claim?
How does it relate to what we know of the publishing of the books in question? Of the Disney acquisition? Of Mergers and Acquisition law?
And does any of that even matter if there is a contract somewhere which says Mr. Foster is owed money on the sales of his books?
Let's dive in.
This deal appears to be getting worse all the time...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/nMvp6M0g47c
Discussed in this episode:
"[Disney Must Pay] Alan Dean Foster" SFWA Blog Post - November 18, 2020 http://www.sfwa.org/disney-must-pay/
"How do authors get paid?" Society of Authors Blog Post https://www.societyofauthors.org/Where-We-Stand/buying-choices/How-do-authors-get-paid
"Splinter of the Mind's Eye" Wikipedia Entry https://en.wikipedia.org/wiki/Splinter_of_the_Mind%27s_Eye
"Science Fiction & Fantasy" Random House Website http://www.randomhousebooks.com/genres/science-fiction-fantasy/
"Splinter of the Mind's Eye" Amazon Page https://www.amazon.com/Splinter-Minds-Eye-Star-Wars
"The future of Star Wars comics under Disney" TGDaily - January 4, 2013 https://www.tgdaily.com/entertainment/games/68306-the-future-of-star-wars-comics-under-disney/
"DISCUSSING THE STAR WARS PUBLISHING LANDSCAPE WITH LUCASFILM’S MICHAEL SIGLAIN" Star Wars Website - October 10, 2017 https://www.starwars.com/news/discussing-the-star-wars-publishing-landscape-with-lucasfilm-michael-siglain
"Disney to Acquire Lucasfilm Ltd." Disney PR Release - October 30, 2012 https://thewaltdisneycompany.com/disney-to-acquire-lucasfilm-ltd/
"The Walt Disney Company Completes Lucasfilm Acquisition" Disney PR Release - December 21, 2012 https://thewaltdisneycompany.com/the-walt-disney-company-completes-lucasfilm-acquisition/
The Walt Disney Company Quarterly Report Period Ended December 29, 2012 https://www.sec.gov/Archives/edgar/data/1001039/000100103913000019/fy2013_q1x10qxdoc.htm
Agreement of Merger December 17, 2012 https://businesssearch.sos.ca.gov/Document/RetrievePDF?Id=00826382-15756440
Limited Liability Coversion December 18, 2012 https://businesssearch.sos.ca.gov/Document/RetrievePDF?Id=201235310073-15757969
Agreement of Merger December 21, 2012 (surviving) https://businesssearch.sos.ca.gov/Document/RetrievePDF?Id=03513973-15773762
Agreement of Merger December 21, 2012 (merged out) https://businesssearch.sos.ca.gov/Document/RetrievePDF?Id=03513973-15773871
"REGISTRATION RIGHTS AGREEMENT" SEC Filing - Walt Disney Company - December 21, 2012 https://www.sec.gov/Archives/edgar/data/1001039/000100103913000019/fy2013_q1x10qxexh103xregis.htm
"Chapter 11. Merger" 2009 California Corporations Code - Section 1107 https://law.justia.com/codes/california/2009/corp/1100-1113.html
"SELLING YOUR COMPANY: MERGER VS. STOCK SALE VS. ASSET SALE" Cooley Go Website https://www.cooleygo.com/selling-your-company-merger-vs-stock-sale-vs-asset-sale/
Asset Purchase Agreement (sample; SEC filed) https://www.sec.gov/Archives/edgar/data/1538217/000155335018000875/srax_ex10z01.htm
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL. ALL LINKS INCLUDED IN THIS DESCRIPTION ARE TO THIRD PARTY WEBSITES OUTSIDE OF HOEG LAW'S CONTROL AND THE CONTENTS OF WHICH ARE NOT ENDORSED OR WARRANTIED BY HOEG LAW.
The Big House, an online Super Smash Bros tournament (at least in 2020), has been cancelled, apparently due to the use of the Dolphin emulator and a modification to that emulator called Slippi, after the organizers received of a cease and desist notification from Nintendo.
As part of Nintendo's statement on the cancellation, they also intimated that the use of the modification itself was predicated on using "illegal copies" of Super Smash Bros Melee, but do they have a legal leg to stand on?
And if they do, is it the same leg they are presenting to the world?
Let's dive in.
Nintendo wouldn't let them do a barrel roll...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/dTMWug67InQ
Discussed in this episode:
"The Big House is heartbroken..." Tweet - November 19, 2020 - The Big House (@TheBigHouseSSB) https://twitter.com/TheBigHouseSSB/status/1329521081577857036
"Nintendo orders cancellation of Smash Bros tournament over mod use" GamesIndustryBiz - November 20, 2020 - James Batchelor https://www.gamesindustry.biz/articles/2020-11-20-nintendo-order-cancellation-of-smash-bros-tournament-over-mod-use
"Nintendo's statement on the Big House event cancelation:" Tweet - November 19, 2020 - Patrick Shanley (@pshanley88) https://twitter.com/pshanley88/status/1329544558288400384
"The Big House Online cancelled by Nintendo C&D" Reddit Post - November 19, 2020 https://www.reddit.com/r/smashbros/comments/jxajo5/the_big_house_online_cancelled_by_nintendo_cd/
"Exclusive rights in copyrighted works" 17 USC 106 https://www.law.cornell.edu/uscode/text/17/106
"Limitations on exclusive rights: Fair use" 17 USC 107 https://www.law.cornell.edu/uscode/text/17/107
"Video game console emulator" Wikipedia Entry https://en.wikipedia.org/wiki/Video_game_console_emulator
"Sega v. Accolade" Wikipedia Entry https://en.wikipedia.org/wiki/Sega_v._Accolade
"Clean room design" Wikipedia Entry https://en.wikipedia.org/wiki/Clean_room_design
Galoob Toys, Inc. v. Nintendo 964 F.2d 965 https://law.justia.com/cases/federal/appellate-courts/F2/964/965/341457/
"Micro Star v. Formgen, Inc." 154 F.3d 1107 https://www.courtlistener.com/opinion/757702/micro-star-v-formgen-inc/
"Are game emulators legal?" TechRadar - September 25, 2016 - Rich Wordsworth https://www.techradar.com/news/gaming/are-game-emulators-legal-1329264
"BRO DID I JUST GET BANNED ON TWITCH FOR AGE OF CALAMITY?!" Tweet - November 19, 2020 - REVERSAL (@REVERSALx7) https://twitter.com/REVERSALx7/status/1329552330870689792
"Reading Final Fantasy VII's Streaming Restrictions (VL199)" YouTube Video - March 31, 2020 - Hoeg Law https://youtu.be/HF7RO5HAHvc
"Is Streaming Among Us...Illegal? (VL332)" YouTube Video - October 6, 2020 - Hoeg Law https://youtu.be/sNRk_BV5rFg
"Nintendo Switch Family: User Agreement" https://en-americas-support.nintendo.com/app/answers/detail/a_id/48058/~/nintendo-switch-family%3A-user-agreement
"Nintendo Game Content Guidelines for Online Video & Image Sharing Platforms" https://www.nintendo.co.jp/networkservice_guideline/en/index.html
"Streaming, Copyright Infringement, and Fair Use (Virtual Legality #177)" YouTube Video - February 19, 2020 - Hoeg Law https://youtu.be/vTjsKrC3tOE
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
It's November - which means it's time for YouTube to make some changes to its Terms of Service! Fortunately, the revisions put forth by the company this November are not as impactful as those of the Coppacalypse of 2019, but that doesn't mean that they won't visit some serious changes on the service; especially for smaller and (eventually) non-US content creators.
Let's dive in.
Ad-ing and subtracting might well be the same thing...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/IOgojNuEyDQ
We're coming up on the second anniversary of Virtual Legality! To help celebrate, we'd love to have more subscribers come and discover our (still relatively small) show, and we need your help!
Please let folks know about the channel and check out the store for even more ways to show your support! STORE: https://teespring.com/stores/hoeg-law-store
And until December 1st, get 10% off purchases with the code: VL2NDANN.
Thank you so much for supporting the channel these past couple of years. We wouldn't have any success at all without you!
Hat Tip
@Haladmer (Twitter)
Discussed in this episode:
"Rattling the COPPA Saber: On the Weaknesses of the FTC’s Case Against YouTube Content Creators (135)" YouTube Video - November 19, 2019 - Hoeg Law https://youtu.be/Sv0xp8ZLneg
"Updates to YouTube’s Terms of Service (November ‘20)" YouTube Help Blog - November 18, 2020 https://support.google.com/youtube/thread/83733719?hl=en&msgid=83733719
"Terms of Service" YouTube - Updated November 18, 2020 https://www.youtube.com/t/terms
"Harassment and cyberbullying policy" YouTube Help https://support.google.com/youtube/answer/2802268
"Legal Myth Busting: No One (inc. Suzy Lu) Can Copyright Their Face (VL231)" YouTube Video - May 21, 2020 - Hoeg Law https://youtu.be/7MGhoCOaBsU
"YouTube Partner Program overview & eligibility" YouTube Help https://support.google.com/youtube/answer/72851?hl=en
"Publication 515 - Withholding of Tax on Nonresident Aliens and Foreign Entities" IRS https://www.irs.gov/publications/p515
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
As the wheels of justice grind slowly towards a court clash in May 2021, both Epic and Apple are making big moves, outside the courts...and within them.
Where does the US lawsuit currently stand?
Where has Epic initiated another suit?
What responses has Apple undertaken in the midst of all this litigation and threatened regulation?
And why will those responses benefit just about everyone...except Epic?
Winning the lawsuit may not be the endgame...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/VE7GQFOadBg
We're coming up on the second anniversary of Virtual Legality! To help celebrate, we'd love to have more subscribers come and discover our (still relatively small) show, and we need your help!
Please let folks know about the channel and check out the store for even more ways to show your support! STORE: https://teespring.com/stores/hoeg-law-store
And until December 1st, get 10% off purchases with the code: VL2NDANN.
Thank you so much for supporting the channel these past couple of years. We wouldn't have any success at all without you!
Hat Tips
@NMuidt (Twitter) @ArkhamFantasy (Twitter)
Discussed in this episode:
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Apple Sues Back! "Epic Undertook its Conduct with Malice and Fraud" (VL310)" YouTube Video - September 8, 2020 - Hoeg Law https://youtu.be/aRCZGm9D-zs
Apple's Answer and Countersuit Epic v Apple - September 8, 2020 Filing https://www.courtlistener.com/docket/17442392/66/epic-games-inc-v-apple-inc/
"Court throws out tort-based part of Apple's counterclaims against Epic Games" Foss Patents - November 11, 2020 http://www.fosspatents.com/2020/11/court-throws-out-tort-based-part-of.html
"Epic Games brings its Fortnite fight with Apple to Australia" The Register - November 18, 2020 - Simon Sharwood https://www.theregister.com/2020/11/18/epic_vs_apple_in_australia/
"Concise Statement" Epic vs Apple (AU) https://cdn2.unrealengine.com/epic-v-apple---concise-statement---stamped-version-548380-2030130769-488-v0-1-561345155.pdf
Competition and Consumer Act 2010 Australia https://www.legislation.gov.au/Details/C2011C00003
"Apple announces App Store Small Business Program" Press Release - November 18, 2020 - Apple https://www.apple.com/newsroom/2020/11/apple-announces-app-store-small-business-program/?afid=p239%7C10078&cid=aos-us-aff-ir
"New Revenue Share Tiers and other updates to the Steam Distribution Agreement" Steam Blog Post - November 30, 2018 https://steamcommunity.com/groups/steamworks/announcements/detail/1697191267930157838
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
The PlayStation 5 and Xbox Series X have launched! But as with any new consumer product, such launches have not been without their issues.
Let's take a look at how I (and some other Internet denizens) have been finding the first week with these new systems.
Restfulness is close to buginess...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/EoSTQRjXHvs
We're coming up on the second anniversary of Virtual Legality! To help celebrate, we'd love to have more subscribers come and discover our (still relatively small) show, and we need your help!
Please let folks know about the channel and check out the store for even more ways to show your support! STORE: https://teespring.com/stores/hoeg-law-store
And until December 1st, get 10% off purchases with the code: VL2NDANN.
Thank you so much for supporting the channel these past couple of years. We wouldn't have any success at all without you!
Discussed in this episode:
"So...I don't think Rest Mode works well #PS5 right now." Tweet - November 15, 2020 - Samuel Tolbert (@SamuelTolbert) https://twitter.com/SamuelTolbert/status/1328027199597916160
"Major PS5 issues reported by users — what to do" Toms Guide - November 13, 2020 - Imad Khan https://www.tomsguide.com/news/major-ps5-issues-reported-by-users-what-to-do
"Xbox Series X's Quick Resume works some of the time, every time" Eurogamer - November 13, 2020 - Tom Phillips https://www.eurogamer.net/articles/2020-11-13-xbox-series-xs-quick-resume-works-some-of-the-time-every-time
"PlayStation 5 Scalping Is Frustrating Millions: Could the Law End Scalping?" Escapist Magazine - November 15, 2020 - Adam Adler https://www.escapistmagazine.com/v2/playstation-5-scalping-is-frustrating-millions-could-the-law-end-scalping/
"Unfair, unconscionable, or deceptive methods, acts, or practices in conduct of trade or commerce; rules; applicability of subsection (1)(hh)" MCL 445.903 http://www.legislature.mi.gov/(S(4h5fwx4mmf5baf23zloay1xl))/mileg.aspx?page=getObject&objectName=mcl-445-903
"Executive Order 2020-53 (COVID-19)" Governor Whitmer https://www.michigan.gov/whitmer/0,9309,7-387-90499_90705-526306--,00.html
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
DESIGN WORK Joe Ellis (Logo Design) Chris Leroux (Motion Graphics) For more information: contact Chris at @Chrisleroux on Twitter.
PODCAST VERSIONS ALSO AVAILABLE
Twitch has had a rough couple of months, but perhaps there has been nothing rougher than the international video game streaming platform's most recent attempt to assuage its streamers fears of an impending music industry led apocalypse.
Of course, when you are talking copyright, law, infringement, and the DMCA, it helps to be forthright.
Something Twitch has had significant problems with throughout 2020.
I don't mean any disrespect, but Twitch really has some issues to work through...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/E7wnROhHBH4
We're coming up on the second anniversary of Virtual Legality! To help celebrate, we'd love to have more subscribers come and discover our (still relatively small) show, and we need your help!
Please let folks know about the channel and check out the store for even more ways to show your support! STORE: https://teespring.com/stores/hoeg-law-store
And until December 1st, get 10% off purchases with the code: VL2NDANN.
Thank you so much for supporting the channel these past couple of years. We wouldn't have any success at all without you!
Discussed in this episode:
"Music-Related Copyright Claims and Twitch" Twitch Blog - November 11, 2020 https://blog.twitch.tv/en/2020/11/11/music-related-copyright-claims-and-twitch/
"It is INSANE that [Twitch] informs partners they deleted their content..." Tweet - October 20, 2020 - Devin (@DevinNash) https://twitter.com/DevinNash/status/1318621892933087234
"Understanding DMCA Takedowns (amidst Twitch's Recent...Troubles) (VL344)" YouTube Video - October 22, 2020 - Hoeg Law https://youtu.be/t2GU5oaAL1A
"THE DIGITAL MILLENNIUM COPYRIGHT ACT OF 1998 - U.S. Copyright Office Summary" December 1998 https://www.copyright.gov/legislation/dmca.pdf
"Limitations on liability relating to material online" 17 USC 512 (the DMCA) https://www.law.cornell.edu/uscode/text/17/512
"Section 512 of title 17: A Report of the Register of Copyrights" May 2020 https://www.copyright.gov/policy/section512/section-512-full-report.pdf
"US Copyright Office: "The DMCA? It's Too Tough...On Sony/Disney" (VL233)" YouTube Video - May 24, 2020 - Hoeg Law https://youtu.be/20FmZXvKExU
"Copyrights and Your Channel" Twitter Creator Camp https://www.twitch.tv/creatorcamp/en/learn-the-basics/copyrights-and-your-channel/
"Twitch Licenses Music Now. But the Music Industry Says It’s Skirting the Rules" Rolling Stone - October 1, 2020 - Jon Blistein https://www.rollingstone.com/pro/features/twitch-soundtrack-licensing-sync-1069411/
"Streamers are STILL being DMCA'd for clips/VODs they deleted." Tweet - November 6, 2020 - Devin (@DevinNash) https://twitter.com/DevinNash/status/1324686842298470400
"Hey there, thanks for reaching out." Tweet - November 11, 2020 - Twitch Support (@TwitchSupport) https://twitter.com/TwitchSupport/status/1326638989974106112
"END USER LICENCE AGREEMENT" Ubisoft https://legal.ubi.com/eula/en-US
"Is Streaming Among Us...Illegal? (VL332)" YouTube Video - October 6, 2020 - Hoeg Law https://youtu.be/sNRk_BV5rFg
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
The election is over! ...or at least election day is. Unfortunately, the closeness of the race and the unusual circumstances of 2020 leave open tremendous possibilities for legal game playing, and with President Trump's (first?) lawsuit, my home state of Michigan is now leading the way.
Let's dive into the complaint made by the President, and see if there's any there there.
Different people have different interpretations of "go blue"...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/qoEAyPj47j8
We're coming up on the second anniversary of Virtual Legality! To help celebrate, we'd love to have more subscribers come and discover our (still relatively small) show, and we need your help!
Please let folks know about the channel and check out the store for even more ways to show your support! STORE: https://teespring.com/stores/hoeg-law-store
And until December 1st, get 10% off purchases with the code: VL2NDANN.
Thank you so much for supporting the channel these past couple of years. We wouldn't have any success at all without you!
Discussed in this episode:
2020 Presidential Election Results Page New York Times https://www.nytimes.com/interactive/2020/11/03/us/elections/results-president.html
Jonathan Oosting Twitter Profile https://twitter.com/jonathanoosting
"Trump for President v Benson" Filed November 4, 2020 https://drive.google.com/file/d/1iAL-vJeem7EPN53NgZaB26OP1onQRRZf/view
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
With the launch of the next generation video game systems upon us, we are finally getting a few glimpses regarding what works (and what might not work) about the new products.
Of particular concern is the size of the solid state drives (SSDs) contained in each of the PlayStation 5, Xbox Series X, and Xbox Series S; a concern that was not at all alleviated by Activision's release of the installation sizes for its launch season crown jewel - Call of Duty Black Ops Cold War.
It's not the size of Next Gen that counts, it's how you use it...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/-NBfimXBG6Y
We're coming up on the second anniversary of Virtual Legality! To help celebrate, we'd love to have more subscribers come and discover our (still relatively small) show, and we need your help!
Please let folks know about the channel and check out the store for even more ways to show your support! STORE: https://teespring.com/stores/hoeg-law-store
And until December 1st, get 10% off purchases with the code: VL2NDANN.
Thank you so much for supporting the channel these past couple of years. We wouldn't have any success at all without you!
Discussed in this episode:
"CALL OF DUTY®: BLACK OPS COLD WAR PRE-LOADING, FILE SIZE UPDATE, AND CONFRONTATION WEAPON PACK DETAILS" Call of Duty Blog Post - November 4, 2020 https://www.callofduty.com/blog/2020/11/Black-Ops-Cold-War-Pre-Loading-File-Size-Details
"CoD: Modern Warfare Doesn't Fit On A Single 250GB SSD Anymore" Gamespot - October 7, 2020 - Alessandro Barbosa https://www.gamespot.com/articles/cod-modern-warfare-doesnt-fit-on-a-single-250gb-ssd-anymore/1100-6482933/
"PS5 and Xbox Series X Games’ File Sizes Probably Won’t Be As Massive As You Fear" Gaming Bolt - May 11, 2020 - Arjun Krishna Lal https://gamingbolt.com/ps5-and-xbox-series-x-games-file-sizes-probably-wont-be-as-massive-as-you-fear
"Modern Warfare developer will address controversial file sizes" Digital Trends - August 3, 2020 - Brandon McIntyre https://www.digitaltrends.com/gaming/infinity-ward-modern-warfare-file-size/
"PS5 vs. Xbox Series X Comparison Chart" IGN https://www.ign.com/wikis/playstation-5/PS5_vs._Xbox_Series_X_Comparison_Chart#PlayStation_5_vs._Xbox_Series_X_Hardware_Features
"Received it 1 week early !! From the source (Canada) feeling really lucky ! Hope all of you receive it soon!" Reddit Thread - November 3, 2020 https://www.reddit.com/r/XboxSeriesX/comments/jnbx6f/received_it_1_week_early_from_the_source_canada/gb0to1h/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
When Sony first revealed in a PlayStation 5 (PS5) breakdown video that the hardware's large white plates could be removed, it came as no surprise that there would be a market for replacements.
Something more of a surprise, however, was the virtually instantaneous creation of a third party plate manufacturer, first named "PlateStation 5", before being renamed "Customize My Plates".
Less surprising was Sony's similarly instantaneous decision to take legal action against the company.
Intellectual property protection is like spinning plates...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/QzsgBhjZ0E8
We're coming up on the second anniversary of Virtual Legality! To help celebrate, we'd love to have more subscribers come and discover our (still relatively small) show, and we need your help!
Please let folks know about the channel and check out the store for even more ways to show your support! STORE: https://teespring.com/stores/hoeg-law-store
And until December 1st, get 10% off purchases with the code: VL2NDANN.
Thank you so much for supporting the channel these past couple of years. We wouldn't have any success at all without you!
Discussed in this episode:
"PS5: Third-Party Company Already Selling Custom Faceplates" IGN - October 23, 2020 - Adam Bankhurst https://www.ign.com/articles/ps5-third-party-company-already-selling-custom-faceplates
Customize My Plates Product Page https://www.customizemyplates.com/collections/all-products
"Those asking why the name and website was changed - we made the move to respect trademark and copyright claims." Tweet - October 29, 0220 - Customize My Plates (@customizeplates) https://twitter.com/customizeplates/status/1321893679213268993
"PS5 faceplate seller is now cancelling all orders following ‘legal action from Sony’" VGC - November 1, 2020 - Andy Robinson https://www.videogameschronicle.com/news/ps5-faceplate-seller-is-now-cancelling-all-orders-following-legal-action-from-sony/
"Help us out, Hoeg!" Tweet - November 1, 2020 - iconmaster (@iconmaster) https://twitter.com/iconmaster/status/1323002987262955522
"Patents for designs" 35 USC 171 https://www.law.cornell.edu/uscode/text/35/171
"Design patents: a growing trend in the hardware space" White and Case - July 29, 2019 - Bijal Vakil https://www.whitecase.com/publications/article/design-patents-growing-trend-hardware-space
"Brand Protection: Looking Beyond Trademarks to A Broader Arsenal of Intellectual Property Tools" Folely & Lardner - February 15, 2019 - Laura Ganoza and Hannah Lutz https://casetext.com/analysis/brand-protection-looking-beyond-trademarks-to-a-broader-arsenal-of-intellectual-property-tools
"Additional remedy for infringement of design patent" 35 USC 289 https://www.law.cornell.edu/uscode/text/35/289
"Patent Pending: Definition, Benefits and Warning" OC Patent Lawyer Blog - July 24, 2019 - James Yang https://ocpatentlawyer.com/patent-pending-definition-benefits-warning/
"Contents and term of patent; provisional rights" 35 USC 154 https://www.law.cornell.edu/uscode/text/35/154
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
In a trying year, the upcoming US Elections present even more opportunities for fracture and frustration, opportunities made all the more likely by a Supreme Court's unwilling to set certain Constitutional ground rules one way or the other before the election.
In the case of Pennsylvania, the Supreme Court has twice refused to provide the comfort of certainty, while still presenting to the world (and voters) that they may well change election rules after the fact.
That would be problematic enough, but there are many (many) more dominos that could well fall.
This is no way to run a railroad.
Making a hash of things is just the 'Roberts Way'...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/-KMF8xbzVdk
We're coming up on the second anniversary of Virtual Legality! To help celebrate, we'd love to have more subscribers come and discover our (still relatively small) show, and we need your help!
Please let folks know about the channel and check out the store for even more ways to show your support! STORE: https://teespring.com/stores/hoeg-law-store
And until December 1st, get 10% off purchases with the code: VL2NDANN.
Thank you so much for supporting the channel these past couple of years. We wouldn't have any success at all without you!
Discussed in this episode:
"REPUBLICAN PARTY OF PENNSYLVANIA v. KATHY BOOCKVAR" US Supreme Court Order (Denial of Expedited Cert) - October 28, 2020 https://www.supremecourt.gov/opinions/20pdf/20-542_i3dj.pdf
Article II, Section 1 US Constitution https://www.law.cornell.edu/constitution/articleii
"DEMOCRATIC NATIONAL COMMITTEE, ET AL. v. WISCONSIN STATE LEGISLATURE" US Supreme Court Order (Denial of Stay Vacation) - October 26, 2020 https://assets.documentcloud.org/documents/7276432/10-26-20-DNC-v-Wisconsin-SCOTUS-Order.pdf
"TIMOTHY K. MOORE, ET AL. v. DAMON CIRCOSTA" US Supreme Court Order (Denial of Injunctive Relief) - October 28, 2020 https://www.supremecourt.gov/opinions/20pdf/20a72_5hek.pdf
"This is cruising for a real tire fire..." Tweet - October 28, 2020 - Richard Hoeg (@HoegLaw) https://twitter.com/HoegLaw/status/1321566617965334533
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
Ubisoft has seen no shortage of controversy this past year, but the company had to have been hoping that the release of its most significant titles this holiday season would relieve at least some of the PR pressure.
Unfortunately, with news that the company's first of these holiday releases, Watch Dogs Legion, is apparently causing Xbox One Xs to shutdown, there are significant reasons to be worried.
Especially upon close examination of Ubisoft's terms of use.
Bad terms may be industry standard, but that doesn't mean they can't cause trouble...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/VUgC8lqIXJQ
We're coming up on the second anniversary of Virtual Legality! To help celebrate, we'd love to have more subscribers come and discover our (still relatively small) show, and we need your help!
Please let folks know about the channel and check out the store for even more ways to show your support! STORE: https://teespring.com/stores/hoeg-law-store
And until December 1st, get 10% off purchases with the code: VL2NDANN.
Thank you so much for supporting the channel these past couple of years. We wouldn't have any success at all without you!
Discussed in this episode:
"Is Ubisoft "Exploiting" a Legion of Watch Dogs Artists with HitRecord? (VL74) (Hoeg Law)" YouTube Video - July 17, 2019 - Hoeg Law https://youtu.be/Yj086c540QY
"Watch Dogs: Legion has a game-breaking bug on Xbox One X" Eurogamer - October 28, 2020 - Martin Robinson https://www.eurogamer.net/articles/2020-10-28-watch-dogs-legions-has-a-game-breaking-bug-on-xbox-one-x
"A Lawyer Reads Ubisoft's New Terms (No, They Don't Own Your Soul) (VL230)" YouTube Video- - May 20, 2020 - Hoeg Law https://youtu.be/OaS_XnDAPYE
"UBISOFT TERMS OF USE" Updated May 12, 2020 https://legal.ubi.com/termsofuse/en-US
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
With Cyberpunk 2077 (again) nearing its release date, developer CD Projekt Red has (again) announced a new such date: December 10, 2020.
But will this date hold? What does it mean to release a AAA game in mid-December? Will employees have to crunch? And just why, oh why, is no one keeping their community managers in the loop?
A rushed game is forever bad, but a delayed game might possibly not be...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/8hdfIKuxta0
Discussed in this episode:
"We have important news regarding Cyberpunk 2077’s release date we’d like to share with you today." Tweet - January 16, 2020 - CD PROJEKT RED (@CDPROJEKTRED) https://twitter.com/CDPROJEKTRED/status/1217861009446182912
"An important development update" Tweet - June 18, 2020 - Cyberpunk 2077 (@CyberpunkGame) https://twitter.com/CyberpunkGame/status/1273647385294626816
"We have important news to share with you" Tweet - October 27, 2020 - Cyberpunk 2077 (@CyberpunkGame) https://twitter.com/CyberpunkGame/status/1321128432370176002
"Cyberpunk 2077 release date reportedly set for 2019, but likely delayed to 2020" DigitalTrends - June 2, 2019 - Aaron Mamiit https://www.digitaltrends.com/gaming/cyberpunk-2077-release-date-likely-delayed-to-2020/
"No more delays are happening." Tweet - October 6, 2020 - Cyberpunk 2077 (@CyberpunkGame) https://twitter.com/CyberpunkGame/status/1313598541756014596
"Cyber Crunch? Workplace Culture, CDPR, and Cyberpunk 2077 (VL327)" YouTube Video - September 30, 2020 - Hoeg Law https://youtu.be/83vbKioBwDw
"Video Game Delays Cause More Crunch" Kotaku - January 17, 2020 - Jason Schreier https://kotaku.com/game-delays-cause-more-crunch-1841065204
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
When Facebook initially announced that it would no longer be supporting separate "Oculus accounts" for its Oculus virtual reality (VR) hardware, one could be forgiven for glossing over the impacts of that decision.
But now that the Oculus Quest 2 has been released to the world, it's clear that Facebook has not thought through all of the implications of making a hardware owner abide by a set of terms built for a social media platform. Worse still, it's clearly thought through some.
We're on a Quest for reasonable terms of service...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/ZyFqWY2zOOQ
Discussed in this episode:
"Today, we’re announcing some important updates" Tweet - August 18, 2020 - Oculus (@oculus) https://twitter.com/oculus/status/1295769244894785538
"Oculus users who violate Facebook rules may lose access to VR content" GamesIndustryBiz - September 15, 2020 - Rebekah Valentine https://www.gamesindustry.biz/articles/2020-09-15-oculus-users-who-violate-facebook-community-standards-may-lose-access-to-headsets
"Important VR PSA" Tweet - October 22, 2020 - Cix (@CixLiv) https://twitter.com/CixLiv/status/1319364000501526528
"Facebook will not ban Oculus owners with multiple VR headsets (updated)" Engadget - October 25, 2020 - Jon Fingas https://www.engadget.com/facebook-bans-oculus-owners-with-multiple-headsets-191421857.html
"SUPPLEMENTAL OCULUS TERMS OF SERVICE" Updated October 11, 2020 https://www.oculus.com/legal/terms-of-service/
Facebook "Terms of Service" Updated October 22, 2020 https://www.facebook.com/terms.php
Facebook "Community Standards" https://www.facebook.com/communitystandards/introduction
"A SINGLE WAY TO LOG INTO OCULUS AND UNLOCK SOCIAL FEATURES" Oculus Blog - August 18, 2020 https://www.oculus.com/blog/a-single-way-to-log-into-oculus-and-unlock-social-features/?locale=en_US
"How Sony's Terms Permit PS5 Voice Recordings (and how to change it) (VL341)" YouTube Video - October 19, 2020 - Hoeg Law https://youtu.be/y6sEHOUkgPo
PlayStation Network Terms of Service Updated October 2020 https://www.playstation.com/en-us/legal/psn-terms-of-service/
"Facebook says it ‘mistakenly’ suspended hundreds of activists’ accounts" The Verge - September 24, 2020 - Justine Calma https://www.theverge.com/2020/9/24/21454554/facebook-acitivists-suspended-accounts-coastal-gaslink-pipeline
"Facebook's controversial Oversight Board starts reviewing content moderation cases" TechCrunch - October 22, 2020 - Taylor Hatmaker https://techcrunch.com/2020/10/22/facebook-oversight-board-controversy/
"Boz: Get Your Facebook Account In ‘Good Standing’ Before Buying Oculus Quest 2" Upload VR - October 16, 2020 - Harry Baker https://uploadvr.com/facebook-response-to-quest-paperweights/
Twitch "Community Guidelines" Updated October 5, 2020 https://www.twitch.tv/p/legal/community-guidelines/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
"Streamers worried about getting their content pulled because they used music they didn't pay for should be more worried by the fact that they're streaming games they didn't pay for as well. It's all gone as soon as publishers decide to enforce it."
Alex Hutchinson, Stadia Creative Director - October 22, 2020
With Twitch causing thousands of streamers to purge their videos and clips at the behest of the music industry (and under threat of DMCA takedown), Stadia creative director Alex Hutchinson decided to throw in his own two cents, castigating those streamers complaining about the process and suggesting that what they should really be worried about is that they were not currently getting the licenses they needed to even stream the games themselves.
The problem? He's right.
But not in the way that he thinks.
Let's dive in.
Just being right doesn't always make you right...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/brfG76V2DEo
Discussed in this episode:
"Streamers worried about getting their content pulled..." Tweet - October 22, 2020 - Alex Hutchinson (@BangBangClick) https://twitter.com/BangBangClick/status/1319305552560836609
"Understanding DMCA Takedowns (amidst Twitch's Recent...Troubles) (VL344)" YouTube Video - October 22, 2020 - Hoeg Law https://youtu.be/t2GU5oaAL1A
"Google distances itself from Stadia creative director's comments" Gamasutra - October 22, 2020 - Kris Graft https://www.gamasutra.com/view/news/372420/Google_distances_itself_from_Stadia_creative_directors_comments.php
"Is Streaming Among Us...Illegal? (VL332)" YouTube Video - October 6, 2020 - Hoeg Law https://youtu.be/sNRk_BV5rFg
Steam Subscriber Agreement Updated August 28, 2020 https://store.steampowered.com/subscriber_agreement/
"Streaming, Copyright Infringement, and Fair Use (Virtual Legality #177)" YouTube Video - February 19, 2020 - Hoeg Law https://youtu.be/vTjsKrC3tOE
"Legal Jibber Jabber" Riot Games Website - Last Updated: August 2018 https://www.riotgames.com/en/legal
"Folks, the real discussion today should be about just how poorly content creators are treated in EULAs...." Tweet - October 22, 2020 - Richard Hoeg (@HoegLaw) https://twitter.com/HoegLaw/status/1319357564627406851
Jackbox Website https://www.jackboxgames.com/
Jackbox "Streamers" https://www.jackboxgames.com/streamers/
Jackbox "Terms of Service" Updated - January 26, 2018 https://www.jackboxgames.com/terms-of-service/
"What is the average streamer supposed to do?" Tweet - October 22, 2020 - Richard Hoeg (@HoegLaw) https://twitter.com/HoegLaw/status/1319359891107205127
"It is INSANE that [Twitch] informs partners they deleted their content..." Tweet - October 20, 2020 - Devin (@DevinNash) https://twitter.com/DevinNash/status/1318621892933087234
"My primary position is that the publishers/developers have (rightly) seen the value in streaming..." Tweet - October 22, 2020 - Richard Hoeg (@HoegLaw) https://twitter.com/HoegLaw/status/1319342399286628352
"We believe that Publishers and Creators have a wonderful symbiotic relationship..." Tweet - October 22, 2020 - Ryan Wyatt (@Fwiz) https://twitter.com/Fwiz/status/1319378835125628928
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
The Digital Millennium Copyright Act (DMCA) is a cornerstone of the modern Internet, especially those particular corners of it that allow (or encourage!) the creation, uploading, and sharing of user generated content outside the platform owner's direct control.
But there are a great many misunderstandings and misconceptions about how the DMCA works with respect to these platforms; misconceptions that the platforms themselves are all too willing to exploit.
The most recent example being a set of "tonally challenged" messages which streaming service Twitch has delivered to its content creators, deleting their materials unilaterally and implying that such creators need to "educate themselves"...all while the platform itself obfuscated the requirements and operation of the very DMCA it was continuously referencing.
Safe Harbors are nice, but they aren't obligatory...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/t2GU5oaAL1A
Discussed in this episode:
"Twitch streamers were issued tons of DMCA takedown notices today" Polygon - October 20, 2020 - Nicole Carpenter https://www.polygon.com/2020/10/20/21525587/twitch-dmca-takedown-notice-content
"It is INSANE that [Twitch] informs partners they deleted their content..." Tweet - October 20, 2020 - Devin (@DevinNash) https://twitter.com/DevinNash/status/1318621892933087234
"Last of Us Leak Legalities" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-ULKii2yP9AY-Emo1_G8xN
"This content was identified and deleted for you..." Tweet - October 20, 2020 - Twitch Support (@TwitchSupport) https://twitter.com/TwitchSupport/status/1318624376649113600
"Is Streaming Among Us...Illegal? (VL332)" YouTube Video - October 6, 2020 - Hoeg Law https://youtu.be/sNRk_BV5rFg
"Nope. It’s just a safe harbor." Tweet - October 20, 2020 - Richard Hoeg (@HoegLaw) https://twitter.com/HoegLaw/status/1318695756082143232
"No option to counter-notice?" Tweet - October 20, 2020 - LegalEagle (@LegalEagleDJ) https://twitter.com/LegalEagleDJ/status/1318686242079461378
"Limitations on liability relating to material online" 17 USC 512 (the DMCA) https://www.law.cornell.edu/uscode/text/17/512
"Contributory Infringement" Cornell Law School Web Entry https://www.law.cornell.edu/wex/contributory_infringement
Twitch "Terms of Service" Updated October 14, 2020 https://www.twitch.tv/p/legal/terms-of-service/
"The worst kept secret in digital copyright..." Tweet - October 20, 2020 - Richard Hoeg (@HoegLaw) https://twitter.com/HoegLaw/status/1318675036056727554
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
On October 20, 2020, the US Department of Justice together with 11 Republican State Attorneys General, filed a momentous lawsuit against Google for the illegal monopolization of search engines and search advertising services.
Clearly following the outline laid out for them some two decades before in the contentious case of United States vs Microsoft, today's DoJ brings a stronger claims than some we have reviewed here in Virtual Legality, but with deficiencies all its own.
Won't you dive in with us? There's a lot to cover, but we do note...
You can always change your defaults...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/0oe_R-64bGE
CHAPTERS 00:00 Introduction 10:59 A Background on Antitrust 15:50 An Overview of the DoJ's Case 27:55 United States vs Microsoft (Overview) 35:39 Exclusionary Contracts and Default Settings 57:05 Market Definitions 1:01:54 Allegations of Anticompetitive Conduct 1:15:42 Legal Claims/Request for Relief 1:19:30 Google Response and Conclusion
Discussed in this episode:
"Justice Department Sues Monopolist Google For Violating Antitrust Laws" US Department of Justice - October 20, 2020 https://www.justice.gov/opa/pr/justice-department-sues-monopolist-google-violating-antitrust-laws
"Investigation of Competition in Digital Markets" Majority Staff Report - Subcommittee on Antitrust, US House of Representatives https://judiciary.house.gov/uploadedfiles/competition_in_digital_markets.pdf
"United States v Google" Initial Complaint - Filed October 20, 2020 https://www.justice.gov/opa/press-release/file/1328941/download
"An Antitrust Epic" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Monopolizing trade a felony; penalty" 15 USC Section 2 https://www.law.cornell.edu/uscode/text/15/2
"The Antitrust Laws" FTC Website https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/antitrust-laws
"Single Firm Conduct" FTC Website https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/single-firm-conduct
"Monopolization Defined" FTC Website https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/single-firm-conduct/monopolization-defined
"United States vs Microsoft" Conclusions of Law - US District Court https://www.justice.gov/atr/microsoft-conclusions-law-us-v-microsoft-corporation-state-new-york-et-al-v-microsoft
"United States v. Microsoft Corp." 97 F Supp 2d 59 https://law.justia.com/cases/federal/district-courts/FSupp2/97/59/2339529/
"United States v. Microsoft Corp." Court of Appeals Ruling - June 28, 2001 https://cyber.harvard.edu/msdoj/msft_ruling.html
"A deeply flawed lawsuit that would do nothing to help consumers" Google Blog Post - October 20, 2020 https://blog.google/outreach-initiatives/public-policy/response-doj
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
The Dragonlance series of books, themselves an offshoot of the Dungeons and Dragons brand, has been around for decades, but now finds itself at the center of a thorny legal dispute.
Fan favorite authors Tracy Hickman and Margaret Weis, responsible for the core of the series, have sued the holder of the Dragonlance and D&D intellectual property, Wizards of the Coast (itself owned by Hasbro) for breach of contract and "bad faith" dealings.
What is the basis for the claim? What is Wizards of the Coast doing (or not doing) that gave rise to this action? And what, if anything, do outrage mobs, misogyny, claims of racism (and more) have to do with anything?
Sometimes the thumbnails don't get updated...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/x18niWAQiBk
CHAPTERS 00:00 Introduction/Dragonlance IP 09:02 Lawsuit Overview 21:40 The Alleged Facts 40:00 The Authors' Legal Claims (Breach, Good Faith, Interference) 53:43 Conclusion (Request to Finish the Trilogy)
Discussed in this episode:
"Dragonlance authors sue Dungeons & Dragons publisher Wizards of The Coast" Polygon - October 19, 2020 - Charlie Hall https://www.polygon.com/2020/10/19/21523673/dragonlance-authors-weis-hickman-sue-wizards-of-the-coast-dungeons-and-dragons
"Hey Hoeg! Here's something you may be interested in..." Tweet - October 19, 2020 - Joseph La Russa (@Joseph_La_Russa) https://twitter.com/Joseph_La_Russa/status/1318209741785616384
"Dragonlance" Wikipedia Entry https://en.wikipedia.org/wiki/Dragonlance
"Q&A: Who Owns Dragonlance?" Tracy Hickman Blog - January 4, 2014 https://trhickman.com/qa-owns-dragonlance/
"Definitions" 17 USC 101 https://www.law.cornell.edu/uscode/text/17/101
"Ownership of copyright" 17 USC 201 https://www.law.cornell.edu/uscode/text/17/201
"Termination of transfers and licenses granted by the author" 17 USC 203 https://www.law.cornell.edu/uscode/text/17/203
Weis and Hickman vs Wizards of the Coast Filed October 16, 2020 https://www.documentcloud.org/documents/7245020-Weis.html?fbclid=IwAR0NcCP9dunPpO8CGRGS9RGVYo8yfm1bCWomEe6d6wnVM3Z0md1DmIK8XsA
"List of Wizards of the Coast products" Wikipedia Entry https://en.wikipedia.org/wiki/List_of_Wizards_of_the_Coast_products
"What You Should Know about the Implied Duty of Good Faith and Fair Dealing" ABA Blog Post - July 26, 2016 https://www.americanbar.org/groups/litigation/committees/business-torts-unfair-competition/practice/2016/duty-of-good-faith-fair-dealing/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
When users of Sony's PlayStation 4 (PS4) were greeted this past week with a warning that their party chats may be recorded, a number of publications sounded the alarm. Why was such functionality necessary? Was Sony spying on its users? To what end?
As Sony took note of the controversy, the corporation proceeded to make blog posts and tweets assuring folks that "it wasn't that bad", and that Sony only had its users best interests in mind.
But while the messaging was appreciated, the question remains: what rights does Sony reserve in its own terms of service. And how might those be changed to better reflect what the company is telling the world?
Maybe play should have some limits...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/y6sEHOUkgPo
Discussed in this episode:
"Sony will let PS5 owners record their voice chats and snitch on fellow players" The Verge - October 14, 2020 - Jay Peters https://www.theverge.com/2020/10/14/21516928/sony-ps5-playstation-5-owners-record-listen-voice-chats-moderation-4-8-0-software-update
"What's Actually IN those New PlayStation Network (PSN) Terms? (VL334)" YouTube Video - October 8, 2020 - Hoeg Law https://youtu.be/e9J9dhI4qKA
PlayStation Network Terms of Service Updated October 2020 https://www.playstation.com/en-us/legal/psn-terms-of-service/
California Code, Penal Code - PEN § 632 https://codes.findlaw.com/ca/penal-code/pen-sect-632.html
"Details on new voice chat functionality coming to PS5" PlayStation Blog - October 16, 2020 https://blog.playstation.com/2020/10/16/details-on-new-voice-chat-functionality-coming-to-ps5/
"Hey folks - just wanted to let you know that we’re looking into your feedback on the recent changes to Parties on PS4." Tweet - October 17, 2020 - PlayStation (@PlayStation) https://twitter.com/PlayStation/status/1317616221580218368
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
Facebook and Twitter have acted, almost simultaneously, to restrict or ban dissemination of a New York Post article implicating Hunter Biden and his father, presidential candidate Joe Biden, in Ukrainian malfeasance, all on the back of an apparently abandoned laptop.
Is it real? Is it fake?
Big Tech doesn't want you to judge for yourself, and that's a problem...in Virtual Legality.
CHECK OUT THE VIDEO AND THE SOURCES: https://youtu.be/ul9nsTu6NvQ
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
DESIGN WORK Joe Ellis (Logo Design) Chris Leroux (Motion Graphics) For more information: contact Chris at @Chrisleroux on Twitter.
PODCAST VERSIONS ALSO AVAILABLE
"GameStop and Microsoft will both benefit from the customer acquisition and lifetime revenue value of each gamer brought into the Xbox ecosystem." - Press Release; October 8, 2020
What that line means (and does not mean) has been a point of contention not just in gaming circles but also among financial analysts. Now, one analyst says that Microsoft and GameStop intend to share downstream revenue of Xboxes sold at GameStop.
What does that mean? What could it mean for GameStop and for Microsoft's competitors? For Nintendo, Sony, the PlayStation, and the Switch? And just how seriously should we take his statement?
Turns out Microsoft may also be powering GameStop's dreams...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/wfBIEnYMepg
Discussed in this episode:
"Microsoft's "Big" Moves: On GameStop, Epic, and App Fairness (VL335)" YouTube Video - October 9, 2020 - Hoeg Law https://youtu.be/xzxj39C2FK0
"GameStop Announces Multi-year Strategic Partnership with Microsoft" Press Release - October 8, 2020 http://news.gamestop.com/news-releases/news-release-details/gamestop-announces-multi-year-strategic-partnership-microsoft
"Today $GME confirmed with [DOMO CAPITAL] that the agreement with $MSFT includes revenue sharing on all downstream revenue" Tweet - October 13, 2020 - DOMO Capital Management, LLC (@DOMOCAPITAL) https://twitter.com/DOMOCAPITAL/status/1316173476777136128
"GameStop Revenue Sharing Agreement With Microsoft Shifts Sentiment" Seeking Alpha - October 12, 2020 - Justin Dopierala https://seekingalpha.com/article/4378623-gamestop-revenue-sharing-agreement-microsoft-shifts-sentiment
"GameStop's (GME) Microsoft Deal Unlikely to Drive 'Meaningful' Upside - Wedbush" Street Insider - October 9, 2020 https://www.streetinsider.com/Analyst+Comments/GameStops+%28GME%29+Microsoft+Deal+Unlikely+to+Drive+Meaningful+Upside+-+Wedbush/17454679.html
"Sony Won't Follow Game Pass Model on PS5, Doesn't Believe It's Sustainable" PushSquare - September 17, 2020 - Sammy Barker https://www.pushsquare.com/news/2020/09/sony_wont_follow_game_pass_model_on_ps5_doesnt_believe_its_sustainable
"PS5 beats Xbox Series X by huge margin, says new survey" Toms Guide - August 3, 2020 - Marshall Honorof https://www.tomsguide.com/news/gamers-prefer-ps5-xbox-series-x-survey
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
With "Epic vs Apple" continuing to spin up (litigation is currently scheduled for next year), we can already see tech giants of all shapes and sizes, from Microsoft to ProtonMail, being pulled into the conversation.
And while the judge ultimately sided with Epic on the Unreal question (preventing Apple from removing support for Unreal Engine on iOS), the fact that the question was a "close" one (and that such support may yet be lost) likely has developers reevaluating their support.
A reevaluation that the folks at Unity would be all too happy to encourage.
Litigation can give a business organization a unity of purpose...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/fxafL0E4Wn0
Discussed in this episode:
An Antitrust Epic YouTube Playlist – Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"our vision for the future" Coalition for App Fairness https://appfairness.org/our-vision/
"10 app store principles to promote choice, fairness and innovation" Microsoft Blog - October 8, 2020 https://blogs.microsoft.com/on-the-issues/2020/10/08/app-store-fairness-caf-interoperability-principles/
"Investigation of Competition in Digital Markets" US House Antitrust Subcommittee Majority Staff Report October 6, 2020 https://judiciary.house.gov/uploadedfiles/competition_in_digital_markets.pdf
"10 app store principles to promote choice, fairness and innovation" Microsoft Blog - October 8, 2020 https://blogs.microsoft.com/on-the-issues/2020/10/08/app-store-fairness-caf-interoperability-principles/
"Microsoft is bringing xCloud to iOS via the web" The Verge - October 8, 2020 - Tom Warren https://www.theverge.com/2020/10/8/21508706/microsoft-xcloud-ios-web-browser-2021
Apple's Opposition to Preliminary Injunction Epic v Apple - September 15, 2020 https://www.courtlistener.com/docket/17442392/73/epic-games-inc-v-apple-inc/
Epic's "Reply to Opposition/Response" Epic's v Apple - September 18, 2020 https://www.courtlistener.com/docket/17442392/90/epic-games-inc-v-apple-inc/
"Injunction Disjunction: Epic Loss for Fortnite/Epic Win for Unreal! (VL336)" YouTube Video - October 10, 2020 - Hoeg Law https://youtu.be/2EE9HvQ7z14
"Introducing the Game Growth program" Unity Blog - October 13, 2020 https://blogs.unity3d.com/2020/10/13/introducing-the-game-growth-program/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
As next generation consoles make their way from design concepts and rendered trailers out to real life boxes with real life marketing, we're getting a better chance to see how Sony and Microsoft intend to sell all those Xboxes and PlayStations.
But one thing that jumps out on the newly leaked Xbox packaging is just how much Microsoft was invested in Halo Infinite releasing at launch.
With no other major AAA titles to show off the power of the system, did Microsoft make the right call in showing off the Master Chief's iconic helmet?
Let's discuss.
This may be the first sub-20 minute video we've delivered since almost half of you said you preferred sub-20 minute videos...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/QNuAVtGFgNo
Discussed in this episode:
"Injunction Disjunction: Epic Loss for Fortnite/Epic Win for Unreal! (VL336)" YouTube Video - October 10, 2020 - Hoeg Law https://youtu.be/2EE9HvQ7z14
"Retail [Xbox Series X] boxes spotted in a warehouse" Tweet - October 12, 2020 - Nibel (@Nibellion) https://twitter.com/Nibellion/status/1315631416412196864
"Xbox Series X|S Launch Trailer – Us Dreamers – Power Your Dreams" YouTube Video - October 9, 2020 - Xbox https://youtu.be/DIMAujZpry0
"Xbox Series X: Buy A Game Once and Play the Best Version Across Generations with Smart Delivery" XBox Blog - June 15, 2020 https://news.xbox.com/en-us/2020/06/15/what-is-smart-delivery-xbox-series-x/
"You Are the Future of Gaming" XBox Blog - July 16, 2020 https://news.xbox.com/en-us/2020/07/16/players-first-you-are-the-future-of-gaming/
"The Messaging Disaster of Microsoft's Xbox Series X Showcase (VL271)" YouTube Video - July 24, 2020 - Hoeg Law https://youtu.be/jV1elFEAxKY
"According to Greenberg Halo Infinite ran on a PC with specs similar to the XSX" Tweet - July 24, 2020 - Nibel (@Nibellion) https://twitter.com/Nibellion/status/1286653437220999168
"No Power? After Halo Infinite, Microsoft Changes its Message (VL273)" YouTube Video - July 28, 2020 - Hoeg Law https://youtu.be/cvqv7L7Pt3U
"Halo Infinite Development Update" Tweet - August 11, 2020 - Halo (@Halo) https://twitter.com/Halo/status/1293261002037841920
"Halo Infinite Delayed! Microsoft's "X"-Rated Disaster (VL283)" YouTube Video - August 11, 2020 - Hoeg Law https://youtu.be/KDmdSEiT7Ds
"‘Halo Infinite’ Now Seems Headed To The End Of 2021, Not The Beginning" Forbes - August 28, 2020 - Paul Tassi https://www.forbes.com/sites/paultassi/2020/08/28/halo-infinite-now-seems-headed-to-the-end-of-2021-not-the-beginning/
"Xbox Series X games list: All confirmed launch games on release plus Xbox Series X exclusives explained" Eurogamer - Updated October 12, 2020 https://www.eurogamer.net/articles/xbox-series-x-games-confirmed-exclusives-6400
"XBOX GAME PASS IS MICROSOFT’S TRUE NEXT-GEN XBOX" The Verge - July 24, 2020 - Tom Warren https://www.theverge.com/2020/7/24/21336892/microsoft-xbox-series-x-game-pass-event-showcase-future
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
A Preliminary Injunction Order has finally been issued in "Epic vs Apple"! While the topline order will look familiar to those following the case most closely, there is a lot to be gleaned from a thorough breakdown of the court's reasoning.
Where did Epic succeed? Where did it falter? And what information is the Court looking for in the future from both Epic and Apple?
It's a big day! So let's dive in.
"The Court concludes that reasonable minds differ"...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/2EE9HvQ7z14
CHAPTERS 00:00 Introduction 04:44 Background Facts 12:23 Standard for Injunctions (Serious Questions) 13:40 Could Epic Win on the Merits? 25:55 What is the Relevant Market? 32:42 Epic's Theory Would Affect ALL Walled Gardens 38:00 Is Distribution and IAP Illegally Tied? 50:38 Harms - Irreparable and Self-Inflicted 1:05:32 - Unreal Equities 1:08:57 - Injunction and Conclusion
Discussed in this episode:
Epic v Apple Preliminary Injunction Order October 9, 2020 https://www.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.118.0.pdf
An Antitrust Epic YouTube Playlist – Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Investigation of Competition in Digital Markets" US House Antitrust Subcommittee Majority Staff Report October 6, 2020 https://judiciary.house.gov/uploadedfiles/competition_in_digital_markets.pdf
"10 app store principles to promote choice, fairness and innovation" Microsoft Blog - October 8, 2020 https://blogs.microsoft.com/on-the-issues/2020/10/08/app-store-fairness-caf-interoperability-principles/
“Epic's Final Push: "Half-truths and Outright Falsities" (VL321)” YouTube Video – September 22, 2020 – Hoeg Law https://youtu.be/ygcjVdbr_RA
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
Microsoft has been in the news quite a bit recently. But are alliances with GameStop, Epic, and the Coalition for App Fairness (against Apple), really all that significant?
Let's talk business strategy, enterprise partnership, and smoke and mirrors.
Microsoft is trying to power its dreams...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/xzxj39C2FK0
CHAPTERS 00:00 Introduction 00:51 On GameStop 11:14 On Epic and the Coalition for App Fairness (CAF) 32:47 Conclusion
Discussed in this episode:
"GameStop Announces Multi-year Strategic Partnership with Microsoft" Press Release - October 8, 2020 http://news.gamestop.com/news-releases/news-release-details/gamestop-announces-multi-year-strategic-partnership-microsoft
"Microsoft Store announces new approach to retail" Press Release - June 26, 2020 https://news.microsoft.com/2020/06/26/microsoft-store-announces-new-approach-to-retail/
"Sony says its relationship with Microsoft is ‘deepening’ following cloud tech deal" VGC - May 19, 2020 - Andy Robinson https://www.videogameschronicle.com/news/sony-says-its-relationship-with-microsoft-is-deepening-following-cloud-tech-deal/
"10 app store principles to promote choice, fairness and innovation" Microsoft Blog - October 8, 2020 https://blogs.microsoft.com/on-the-issues/2020/10/08/app-store-fairness-caf-interoperability-principles/
"our vision for the future" Coalition for App Fairness https://appfairness.org/our-vision/
"Microsoft told employees it plans to release a browser-based app for the Xbox Game Pass streaming service next year that will get around Apple App Store rules: 'We absolutely will end up on iOS'" Business Insider - October 8, 2020 - Ashley Stewart https://www.businessinsider.com/microsoft-xbox-game-pass-apple-iphone-ipad-2020-10
"App Store Review Guidelines" Apple - Updated September 11, 2020 https://developer.apple.com/app-store/review/guidelines/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
Users of Sony's PlayStation 4 (PS4) were greeted this week with some of Sony's less exciting PS5 preparation steps: a prompt to accept PlayStation Network's (PSN's) new terms and conditions.
Did you read them? Be honest.
While conceptually very similar to what came before, there's still a lot to consider in the new document: ambiguities, codes of conduct, assignment of things like vocal communications, termination rights, streaming permissions (or the lack thereof), and much, much more.
Legal Language has no limits...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/e9J9dhI4qKA
CHAPTERS 00:00 Introduction 03:48 The Agreement 06:03 An Updated Privacy Policy 10:53 Definitions 12:10 Accounts and Honesty 13:53 Child Accounts (Responsibility) 15:59 The Code of Conduct (Ambiguity) 29:54 User Content (Unexpected Assignments) 36:22 Wallets, Stores, and Refunds 45:04 The Software License (Restrictions) 50:57 Termination of Account Rights 55:29 Arbitration and Class Action Waivers 57:12 Warranties and Amendments 58:23 Conclusion
Discussed in this episode:
"Can you make a video going over the PlayStation ToS updated page? Tweet - October 7, 2020 - PlayStation Discourse (@RedditPS) https://twitter.com/HoegLaw/status/1313852723096432641
PlayStation Network Terms of Service Updated October 2020 https://www.playstation.com/en-us/legal/psn-terms-of-service/
PlayStation Privacy Policy Updated October 2020 https://www.playstation.com/en-us/legal/privacy-policy/
PlayStation Store cancellation policy https://www.playstation.com/en-us/legal/playstation-store-cancellation-policy/
"Is Streaming Among Us...Illegal? (VL332)" YouTube Video - October 6, 2020 - Hoeg Law https://youtu.be/sNRk_BV5rFg
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
"Apple’s monopoly power over software distribution to iOS devices has resulted in harms to competitors and competition, reducing quality and innovation among app developers, and increasing prices and reducing choices for consumers."
"Investigation of Competition in Digital Markets" US House Antitrust Subcommittee Majority Staff Report October 6, 2020
The above quote can be found in the executive summary of the 400+ page congressional subcommittee findings describing the actions of Google, Facebook, Amazon, and Apple.
While it is an important document, it's also important to understand what it does and does not do, and what it does and does not say.
Which is presumably why you're here, so let's dive in.
Remember when we said we were going to aim at shorter videos? We do...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/14eUjKqoU4s
One of 2020's absolute surprise break-out hits was actually released in 2018: Innersloth's "Among Us"; a video game take on "The Thing" that sees players try to suss out (and eliminate) "imposters" among their spaceship crew.
But why did Among Us get so popular all of a sudden? The answer appears to lie in streamers and streaming platforms (like Twitch). But given the game licenses offered for Among Us by places like Steam and itch.io, that may in and of itself be a bit of a problem.
Is this whole set up copyright infringement?
There are lawyers among us...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/sNRk_BV5rFg
Discussed in this episode:
Among Us Website http://www.innersloth.com/gameAmongUs.php
"Among Us' Improbable Rise To The Top Of Twitch" Kotaku - September 8, 2020 - Nathan Grayson https://kotaku.com/among-us-improbable-rise-to-the-top-of-twitch-1844986025
Among Us Twitch Stats Sully Gnome Website https://sullygnome.com/game/among_Us/365/summary
"Streaming, Copyright Infringement, and Fair Use (Virtual Legality #177)" YouTube Video - February 19, 2020 - Hoeg Law https://youtu.be/vTjsKrC3tOE
"Exclusive rights in copyrighted works" 17 USC 106 https://www.law.cornell.edu/uscode/text/17/106
Among Us itch.io Page https://innersloth.itch.io/among-us
Among Us Steam Page https://store.steampowered.com/app/945360/Among_Us/
itch.io Terms of Service Updated June 8, 2018 https://itch.io/docs/legal/terms#4-publisher-content
Steam Subscriber Agreement Updated August 28, 2020 https://store.steampowered.com/subscriber_agreement/
Final Fantasy VII Steam Page https://store.steampowered.com/app/39140/FINAL_FANTASY_VII/
Final Fantasy VII Eula https://store.steampowered.com/eula/39140_eula
Riot Games Terms of Service Updated January 15, 2020 https://www.riotgames.com/en/terms-of-service
Riot Games "Legal Jibber Jabber" Updated August 2018 https://www.riotgames.com/en/legal
Twitch Terms of Service Updated September 30, 2020 https://www.twitch.tv/p/legal/terms-of-service/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
As it turns out, Twitch's ban of Dr. Disrespect has not been limited solely to direct action against the popular streamer.
With Dr. Disrespect increasing his footing on YouTube and elsewhere, he's appearing more and more often in the lobbies of streamers still tied to Amazon's Twitch streaming platform.
But while an ordinary observer might find such appearances to be of little import or concern, Twitch has a different opinion, recently changing their Community Guidelines to require streamers to mute or otherwise isolate all "suspended users".
Twitch is, of course, permitted to operate their system as they see fit, but such a broad reading of "suspension evasion" could have similarly broad implication for streamers both on and off the platform.
Implications that might just touch on some law.
You have to be very careful with restrictions affecting another's ability to make a living...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/WDo9wLiMS6s
Discussed in this episode:
"Twitch Bans Dr. Disrespect - A Legal Discussion" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy98pOuP1cC8o7nraoJEcmuG
"Will Nadeshot Be Banned Having Dr Disrespect on His Twitch Channel?" YouTube Video - September 10, 2020 - Esports Talk https://youtu.be/EEFvDpJyd7E
"Community Guidelines" Twitch - Updated September 22, 2020 https://www.twitch.tv/p/legal/community-guidelines/
"Community Guidelines" Twitch - Updated April 28, 2020 https://web.archive.org/web/20200907135654/https://www.twitch.tv/p/legal/community-guidelines/
"Twitch changes policy after Dr Disrespect plays on live stream with Nadeshot and Snoop Dogg" SportsKeeda Website - Updated September 29, 2020 - Daniel Wenerowicz https://www.sportskeeda.com/esports/twitch-changes-policy-dr-disrespect-plays-live-stream-nadeshot-snoop-dogg
First Amendment US Constitution https://www.law.cornell.edu/constitution/first_amendment
"Contracts in Restraint of Trade" BUSINESS AND PROFESSIONS CODE - 16600 (CA) https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC§ionNum=16600
"Are Non-Competes Enforceable in California?" Callahan & Blaine Website https://www.callahan-law.com/are-non-competes-enforceable-in-california/
"Twitch megastar Shroud is joining Ninja on Mixer as an exclusive streamer" The Verge - October 24, 2019 - Julia Alexander https://www.theverge.com/2019/10/24/20930647/twitch-shroud-mixer-microsoft-ninja-amazon-exclusive
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
When Bungie tried to shut down talk from Imran Khan of Kinda Funny, Jeff Grubb of GamesBeat, and Tom Phillips of Eurogamer regarding acquisition talks with Microsoft, they were mostly successful.
But now, website XboxEra has done some legal digging. What have they found? Well, in short, while there has been a change in "registered agent" over at Bungie, there are a number of reasons why that change probably doesn't mean what they think. Let's talk about it.
We're registered to break hearts (and halos)...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/oiy_9tUB-0w
Discussed in this episode:
"Remember those Bungie Acquisition Rumours? We think they're real." Tweet - October 1, 2020 - XboxEra (@TheXboxEra) https://twitter.com/TheXboxEra/status/1311815377568047105
"Remember those Bungie Acquisition Rumours? We think they’re real." XboxEra Article - October 2, 2020 - Jon Clarke https://xboxera.com/2020/10/02/remember-those-bungie-acquisition-rumours-we-think-theyre-real/
"Microsoft to Buy Bungie? When is a Denial Not Really a Denial? (VL314)" YouTube Video - September 15, 2020 - Hoeg Law https://youtu.be/coA9C4S3ZCU
"Bungie, Inc." (Washington) OpenCorporates Website https://opencorporates.com/companies/us_wa/603077692
"Registered Agent" Washington Secretary of State Website https://www.sos.wa.gov/corps/faq---registered-agents.aspx
"Registered Agent Services" CSC Website https://www.cscglobal.com/service/cls/registered-agent-services
"Microsoft acquires State of Decay 2 studio Undead Labs" VentureBeat - June 10, 2018 - Mike Minotti https://venturebeat.com/2018/06/10/microsoft-acquires-state-of-decay-2-studio-undead-labs/
"Microsoft acquires Obsidian Entertainment" Polygon - November 10, 2018 - Michael McWhertor https://www.polygon.com/2018/11/10/17959500/obsidian-xbox-acquired-x018-new-vegas-pillars-eternity
"Microsoft acquires InXile to make role-playing games for Xbox, PC" GamesBeat - November 10, 2018 - Jeff Grubb https://venturebeat.com/2018/11/10/microsoft-xbox-acquires-inxile
CT Corporation Website https://www.wolterskluwer.com/en/solutions/ct-corporation
"ACTIVISION BLIZZARD, INC." (California) OpenCorporates Website https://opencorporates.com/companies/us_ca/C2235977
"Bungie, Inc." Washington Business Filings (Multiple) https://ccfs.sos.wa.gov/#/BusinessSearch/BusinessFilings
"Bungie" Wikipedia Entry https://en.wikipedia.org/wiki/Bungie
"BUNGIE, LLC" (Washington) OpenCorporates Website https://opencorporates.com/companies/us_wa/602741761
"Bungie, Inc." Delaware Business Entity Search Results Page https://icis.corp.delaware.gov/ecorp/entitysearch/NameSearch.aspx
"BUNGIE, INC." OpenCorporates Website https://opencorporates.com/companies/us_de/4266381
"Nope." Tweet - October 2, 2020 - Pete Parsons (@pparsons) https://twitter.com/pparsons/status/1312021452569231360
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
Twitch's ban of Dr. Disrespect always seemed a function of business and contract law as much as any breach (or lack thereof). So it's no surprise that Twitch's slow march of new exclusive content creators Logic, Ninja, and Shroud, has appeared to rankle Dr. Disrespect.
So what can we take from his "three new cadets" anecdote? Anything? Nothing? As is so often the case in Virtual Legality, the truth is likely somewhere in between.
But just because it isn't certain, doesn't mean that a small victory lap isn't warranted...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/hstyqQkJYBI
Discussed in this episode:
"Dr Disrespect - LIVE - Warzone with Odell Beckham Jr" YouTube Video - September 28, 2020 - DrDisRespect https://youtu.be/0rnS-Ucnyhs
"Twitch Bans Dr. Disrespect - A Legal Discussion" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy98pOuP1cC8o7nraoJEcmuG
"Microsoft just released top streamers Ninja and Shroud from their contracts as it shutters Mixer, after spending millions on exclusive deals with them" Business Insider - June 22, 2020 - Ben Gilbert https://www.businessinsider.com/ninja-and-shroud-are-free-agents-as-microsoft-kills-mixer-2020-6
"Dr. Disrespect Banned From Twitch: Doc’s Statement And What We Know" Forbes - June 28, 2020 - Dave Thier https://www.forbes.com/sites/davidthier/2020/06/28/statement-respond-why-dr-disrespect-banned-from-twitch-for-mysterious-reasons/#42796e482c0e
"Twitch Bans Dr. Disrespect - A Lawyer's Take On What We Know (VL254)" YouTube Video - June 29, 2020 - Hoeg Law https://youtu.be/wfgiEiefZ2E
"Lawyer's Insane Theory on Dr Disrespect Twitch Ban to Get Ninja and Shroud" YouTube Video - July 1, 2020 - Esports Talk https://youtu.be/ahqmfhVNNNQ
"Logic signs seven-figure exclusive streaming deal with Twitch" NME - July 21, 2020 - Surej Singh https://www.nme.com/news/music/logic-signs-seven-figure-exclusive-streaming-deal-with-twitch-2711924
"Shroud returns to Twitch, exclusively" The Verge - August 11, 2020 - Bijan Stephen https://www.theverge.com/2020/8/11/21363758/shroud-twitch-exclusive-deal-michael-grzesiek-mixer
"Ninja returns to Twitch" The Verge - September 10, 2020 - Bijan Stephen https://www.theverge.com/2020/9/10/21430767/ninja-twitch-homecoming-return-mixer-shroud
"Twitch Banned Dr Disrespect to Afford Ninja and Shroud?" YouTube Video - September 29, 2020 - Esports Talk https://youtu.be/te1D7mlp9oo
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
A funny thing happened on the way to Insomniac Games revealing details of its "Marvel's Spider-Man Remastered" project: Peter Parker never showed up.
Or at least, not the Peter Parker that anyone knew.
With great power comes ray tracing and de-aging...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/m7bOzN4WPsE
Discussed in this episode:
"Marvel’s Spider-Man Remastered detailed" PlayStation Blog - September 30, 2020 https://blog.playstation.com/2020/09/30/marvels-spider-man-remastered-detailed/
"Marvel's Spider-Man Remastered | PS5" YouTube Video - September 30, 2020 - PlayStation https://youtu.be/-i5tTKSbePI
"Spider-Man PS4's First Few Hours Have Everything We Want, And Something We Don't" Gamespot - August 9, 2018 - Edmond Tran https://www.gamespot.com/articles/spider-man-ps4s-first-few-hours-have-everything-we/1100-6460894/
"The Last of Us trailer reveals Ellie redesign" Eurogamer - May 16, 2012 - Tom Phillips https://www.eurogamer.net/articles/2012-05-16-the-last-of-us-trailer-reveals-ellie-redesign
"Changes to The Last of Us' Ellie and announcement of Ellen Page in Beyond are "complete coincidence"" Eurogamer - June 8, 2012 - Oli Welsh https://www.eurogamer.net/articles/2012-06-09-changes-to-the-last-of-us-ellie-and-announcement-of-ellen-page-in-beyond-are-complete-coincidence
"A few words from me on today’s news..." Tweet - September 30, 2020 - Bryan Intihar (@bryanintihar) https://twitter.com/bryanintihar/status/1311380880389099521
"Marvel's 'Spider-Man' for PlayStation 4 swings to a record-breaking opening" USA Today - September 20, 2018 - Eli Blumenthal https://www.usatoday.com/story/tech/talkingtech/2018/09/20/marvels-spider-man-ps-4-sells-record-3-3-million-copies-opening/1346187002/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
With Cyberpunk 2077 nearing completion, its developer CD Projekt Red has announced that it will require employees to work 6 days a week during game's final six weeks before launch. While such "crunch" is not all that unusual for major AAA projects, as Bloomberg's Jason Schreier points out, such a stance reneges on promises made by the company last year.
Of course, a lot has gone on since those statement were made (thanks 2020!), and a lot of folks are making a lot of assumptions about this project and CDPR itself. So let's talk about it.
We're always working overtime to bring you good content...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/83vbKioBwDw
Discussed in this episode:
"Last year, the bosses of CD Projekt Red approached me for an interview." Tweet - September 29, 2020 - Jason Schreier (@jasonschreier) https://twitter.com/jasonschreier/status/1311059656090038272
"Cyberpunk 2077 Publisher Orders 6-Day Weeks Ahead of Launch" Bloomberg - September 29, 2020 - Jason Schreier https://www.bloomberg.com/news/articles/2020-09-29/cyberpunk-2077-publisher-orders-6-day-weeks-ahead-of-game-debut
"As Cyberpunk 2077 Development Intensifies, CD Projekt Red Pledges To Be 'More Humane' To Its Workers" Kotaku - May 17, 2019 - Jason Schreier https://kotaku.com/as-cyberpunk-2077-development-intensifies-cd-projekt-r-1834849725
"Cyberpunk 2077 release date reportedly set for 2019, but likely delayed to 2020" Digital Trends - June 2, 2019 - Aaron Mamiit https://www.digitaltrends.com/gaming/cyberpunk-2077-release-date-likely-delayed-to-2020/
"CD Projekt Red Boss Again Promises That Cyberpunk Devs Won't Have To Crunch" Kotaku - June 14, 2019 - Jason Schreier https://kotaku.com/cd-projekt-red-boss-again-promises-that-cyberpunk-devs-1835518344
"These last 6 weeks are our final sprint..." Tweet - September 30, 2020 - Adam Badowski https://twitter.com/AdamBadowski/status/1311245204356304896
"Why the Cyberpunk 2077 delay is both good and bad" TechRadar - June 20, 2020 - Samuel Roberts https://www.techradar.com/news/why-the-cyberpunk-2077-delay-is-both-good-and-bad
"This is quite a take." Tweet - September 29, 2020 - Jason Schreier (@jasonschreier) https://twitter.com/jasonschreier/status/1311088929710501888
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
Preliminary Injunction Hearing Day in "Epic vs Apple" maybe didn't go so well for Epic. But is that the end of the story?
I don't think so.
It's always okay to be skeptical...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/I3ROYZKnr4k
Discussed in this episode:
"Epic vs Everyone: The Fortnite Antitrust Lawsuits" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"This is a brutal hearing for Epic. The judge is very skeptical." Tweet - September 28, 2020 - Brian Fung (@b_fung) https://twitter.com/b_fung/status/1310634589828845573
"Apple-Epic hearing started a few minutes early." Twitter Thread - September 28, 2020 - Patrick McGee (@PatrickMcGee_) https://twitter.com/PatrickMcGee_/status/1310618271675105282
"Thanks to the incredible [leah_nylen] the press is able to view the remote proceedings now underway in Epic Games v. Apple." Twitter Thread - September 28, 2020 - Brian Fung (@b_fung) https://twitter.com/b_fung/status/1310624008979783685
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
It's Preliminary Injunction Hearing Day in "Epic vs Apple"!
But since our "Epic v Everyone" playlist is now 11 hours long, we thought it made sense to summarize the situation for folks trying to make sense of all this before the big order.
Twenty minutes is short-form...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/EpLxy9nFYMI
Discussed in this episode:
"Epic vs Everyone: The Fortnite Antitrust Lawsuits" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
Epic v Apple: Epic Makes Its Strongest Case Yet, But Is It Enough? (VL308) YouTube Video - September 5, 2020 - Hoeg Law https://youtu.be/0ic7v3vsO-A
"Apple Goes After Epic's Unreal Engine: A "Trojan Horse" (VL317)" YouTube Video - September 17, 2020 - Hoeg Law https://youtu.be/QPgaJpBHSsk
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
Today in "Epic vs Apple", Epic has helped form the nonprofit "Coalition for App Fairness" including members Spotify, Tile, Blockchain.com, and more to fight Apple and Google not in the courtroom, but in the office buildings of legislators and regulators around the world.
In this video, we'll take a look at the announcement, the 10 principles they have proposed for regulation, the arguments they make against "anti-competitive policies" and the 30% "App tax", and how bad arguments can poison the good.
Do you think when Epic forms a Coalition they ever worry that they are really just cogs caught in the gears of some war? A question you'll only see asked...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/MRyZ2hD4_r0
CHAPTERS 00:00 Introduction 3:03 The Announcement of the Coalition 18:00 The Ten Regulatory Principles 28:23 Apps and Anti-Competitive Policies 35:09 The 30% App Tax 40:10 Freedom, Speech, and Storefronts 44:06 Amazon, End-arounds, and Conclusions
Discussed in this episode:
"Leading App Developers Form The Coalition for App Fairness to Promote Competition and Protect Innovation on Digital Platforms" Coalition for App Fairness Press Release - September 24, 2020 https://appfairness.org/app-developers-coalition-for-app-fairness-competition-innovation/
"State of the App Economy" App Association Report - Filed with the FTC https://www.ftc.gov/system/files/documents/public_comments/2018/08/ftc-2018-0048-d-0121-155298.pdf
Verizon v Trinko 540 US 398 (2004) https://scholar.google.com/scholar_case?case=8700837978103397300
"our vision for the future" Coalition for App Fairness Website https://appfairness.org/our-vision/
"The App Store is Ruled by Anti-Competitive Policies" Coalition for App Fairness Website https://appfairness.org/issues/anti-competition/
"PUBG Corp. Sues Epic Games for Copyright Infringement" Coalition for App Fairness Website https://variety.com/2018/gaming/news/pubg-fortnite-lawsuit-1202823862/
30% “App Tax” on Creators and Consumers Coalition for App Fairness Website https://appfairness.org/issues/30-app-tax/
"Report: Steam's 30% Cut Is Actually the Industry Standard" IGN - January 13, 2020 (updated) - Tom Marks https://www.ign.com/articles/2019/10/07/report-steams-30-cut-is-actually-the-industry-standard
"Fees for the United States" Kickstarter Website https://www.kickstarter.com/help/fees
"We only succeed when you succeed" Patreon Website https://www.patreon.com/product/pricing
"Welcome to Epic Games" Epic Games Store About Page https://www.epicgames.com/store/en-US/about
"Let's math this." Tweet - September 24, 2020 - Tim Sweeney (@TimSweeneyEpic) https://twitter.com/TimSweeneyEpic/status/1309187747962290176
"The App Store Limits Consumer Freedom" Coalition for App Fairness Website https://appfairness.org/issues/no-consumer-freedom/
"Yes, Amazon Luna dodges Apple’s cloud gaming rules — when will Nvidia and Google?" The Verge - September 25, 2020 - Sean Hollister https://www.theverge.com/2020/9/25/21455343/amazon-luna-apple-app-store-rules-cloud-gaming-streaming-google-nvidia
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
When Twitter first decided to "fact check" one of President Trump's tweets (on the possibility of mail-in voting fraud), the President responded by drafting an executive order (EO) to "regulate" social media entities and the Internet.
As part of that order, the President instructed Attorney General William Barr and the Department of Justice to propose new language revising Section 230 of the Communications Decency Act (CDA 230).
Now the Department of Justice has offered those proposals.
Let's dive in.
We always operate in good faith...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/rfuNf_Zp-0s
CHAPTERS: 0:00 Introduction 3:23 CDA 230: An Overview 10:55 Trump's Executive Order 15:06 DOJ Summarizes its Position 20:48 The Proposed Revisions (Publishers and Platforms) 25:10 Moderation and Otherwise Objectionable 30:10 Defining Good Faith 36:18 Bad Faith, Actual Notice, and Exclusions 44:26 Broadening the Scope of Liability (Civil Actions) 48:53 Conclusion
Discussed in this episode:
"The Justice Department Unveils Proposed Section 230 Legislation" Department of Justice Press Release - September 23, 2020 https://www.justice.gov/opa/pr/justice-department-unveils-proposed-section-230-legislation
"Section 230 Executive Order SIGNED! A Lawyer Re-Reviews Trump's Plan (VL238)" YouTube Video - May 28, 2020 - Hoeg Law https://youtu.be/gmBGFVUjCaI
"Protection for private blocking and screening of offensive material" 47 USC 230 (CDA 230) https://www.law.cornell.edu/uscode/text/47/230
"Executive Order on Preventing Online Censorship" White House Website - May 28, 2020 https://www.whitehouse.gov/presidential-actions/executive-order-preventing-online-censorship/
"Ramseyer Draft Legislative Reforms to Section 230 of the Communications Decency Act" Statutory Redline - DOJ - September 23, 2020 https://www.justice.gov/file/1319331/download
"Section by Section" DOJ Guidance on Proposed Revisions https://www.justice.gov/file/1319326/download
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
An unusual thing happened on the way to a Microsoft sell-out of Xbox Series X preorders; sales of Xbox ONE X also appear to have significantly increased. At least at Amazon.
But what can we take from the apparent increase? How does Amazon's "Movers and Shakers" list actually work? Are there really shades of the "Wii U" here?
Or was this just all representative of a different kind of confusion?
An Xbox by any other name would still smell like plastic and dreams...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/Xm8-9IMEEio
Discussed in this episode:
"It looks like a bunch of soon-to-be-disappointed people accidentally bought Xbox One X’s today" The Verge - September 22, 2020 - Jay Peters https://www.theverge.com/2020/9/22/21451624/xbox-one-x-amazon-series-x-preorder-accident
"Xbox One X sales rank is up 747% on Amazon lol..." Tweet - September 22, 2020 - Andrew Alerts (@AndrewAlerts) https://twitter.com/AndrewAlerts/status/1308497697775562752
Amazon Movers and Shakers Videogames https://www.amazon.com/gp/movers-and-shakers/videogames/
"Amazon’s Xbox One X sales rank was up 750% following Series X pre-orders" VideoGamesChronicle (VGC) - September 22, 2020 - Andy Robinson https://www.videogameschronicle.com/news/amazons-xbox-one-x-sales-rank-was-up-750-following-series-x-pre-orders/
"Confusion reigns over Xbox naming policy as Series S causes ‘One X’ to trend" VideoGamesChronicle (VGC) - September 8, 2020 - Andy Robinson https://www.videogameschronicle.com/news/confusion-reigns-over-xbox-naming-policy-as-series-s-causes-one-x-to-trend/
"The Xbox Series S plays Xbox One S versions of Xbox One games" The Verge - September 14, 2020- Sam Byford https://www.theverge.com/2020/9/14/21435831/xbox-series-s-backward-compatibility-one-x-enhanced-mode
"The Wii U name is still hurting Nintendo" Polygon - August 5, 2014 - Ben Kuchera https://www.polygon.com/2014/8/5/5970787/wii-u-nintendo-bad-name
"here's Microsoft getting confused by Xbox One X and Xbox Series X" Tweet - September 22, 2020 - Tom Warren (@tomwarren) https://twitter.com/tomwarren/status/1308392491356487681
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
Today in "Epic vs Apple", Epic launches its final push for a preliminary injunction that would force Apple to allow Fortnite on the App Store, direct payment option and all, before the hearing scheduled on September 28th. But will it be enough?
Is eighteen sources too many? Not...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/ygcjVdbr_RA
Discussed in this episode:
"Epic vs Everyone: The Fortnite Antitrust Lawsuits" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
Epic's "Reply to Opposition/Response" Epic's v Apple - September 18, 2020 https://www.courtlistener.com/docket/17442392/90/epic-games-inc-v-apple-inc/
"Monopolization Defined" Federal Trade Commission Site https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/single-firm-conduct/monopolization-defined
"ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR TEMPORARY RESTRAINING ORDER" Epic v Apple (August 24, 2020) https://www.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.48.0.pdf
"Sony enabling Fortnite cross-play for PS4 against Xbox and Switch" The Verge - September 26, 2018 - Tom Warren https://www.theverge.com/2018/9/26/17905146/sony-fortnite-ps4-cross-play-support
"Xbox gamers are now playing against PS4 players in Fortnite" The Verge - September 18, 2017 - Tom Warren https://www.theverge.com/2017/9/18/16327964/xbox-playstation-4-cross-platform-play-fortnite
"Android vs. iOS: Which is more secure?" Norton Website https://us.norton.com/internetsecurity-mobile-android-vs-ios-which-is-more-secure.html
"United States v. Microsoft Corp." Wikipedia Entry https://en.wikipedia.org/wiki/United_States_v._Microsoft_Corp.
"United States of America v. Microsoft Corporation" 253 F.3d 34 (D.C. Cir. 2001) https://law.justia.com/cases/federal/appellate-courts/F3/253/34/576095/
"Acquaire v. Canada Dry Bottling Co. of New York" 24 F.3d 401 (2d Cir. 1994) https://casetext.com/case/acquaire-v-canada-dry-bottling-co-of-new-york
"Milsen Company v. the Southland Corporation" 454 F.2d 363 (7th Cir. 1972) https://law.justia.com/cases/federal/appellate-courts/F2/454/363/438365/
"Kelly v. Kosuga" 358 U.S. 516 (1959) https://supreme.justia.com/cases/federal/us/358/516/
"Germon v. Times Mirror Company" 520 F.2d 786 (9th Cir. 1975) https://casetext.com/case/germon-v-times-mirror-company
"EPIC Promises to Fix Game Launcher after Privacy Concerns" Bleeping Computer - March 15, 2019 - Sergiu Gatlan https://www.bleepingcomputer.com/news/security/epic-promises-to-fix-game-launcher-after-privacy-concerns/
"Ninth Circuit Reverses FTC Win in FTC v. Qualcomm, Finding No Antitrust Violations from Qualcomm’s Licensing of its Standard-Essential Patents" National Law Review - August 13, 2020 https://www.natlawreview.com/article/ninth-circuit-reverses-ftc-win-ftc-v-qualcomm-finding-no-antitrust-violations
"VERIZON COMMUNICATIONS INC. V. LAW OFFICESOF CURTIS V. TRINKO, LLP" 540 U.S. 398 (2004) https://www.law.cornell.edu/supct/html/02-682.ZS.html
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
Microsoft and Xbox have just announced the biggest acquisition (non-mobile category) in the video game industry's young history, agreeing to purchase ZeniMax Media (including subsidiaries like Bethesda and id) for a cool US $7.5 billion.
But with such a big step even bigger questions abound.
What will happen to titles like The Elder Scrolls, Fallout, Wolfenstein, DOOM, Quake, and Starfield?
To titles slated for timed-release on Sony's PlayStation 5 (PS5) like Deathloop and Ghostwire?
What are the implications for Gamepass?
And what will a gaming industry where Microsoft is willing to throw around some significant portion of that trillion dollar market capitalization wind up looking like?
Some will say this spells Doom, but we think the Fallout will be far more positive...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/RpIEbsDapNY
Discussed in this episode:
"China's Tencent Buys Control of Clash of Clans Maker for $8.6 Billion" Bloomberg - June 21, 2016 https://www.bloomberg.com/news/articles/2016-06-21/tencent-leads-8-6-billion-deal-for-clash-of-clans-game-studio
"Microsoft to Buy Bungie? When is a Denial Not Really a Denial? (VL314)" YouTube Video - September 15, 2020 - Hoeg Law https://youtu.be/coA9C4S3ZCU
"Pressing Pause on Microsoft/WB Games Rumors (VL259)" YouTube Video - July 6, 2020 - Hoeg Law https://youtu.be/MrgotWNvLhs
"Welcoming the Talented Teams and Beloved Game Franchises of Bethesda to Xbox" Xbox News Blog - September 21, 2020 - Phil Spencer https://news.xbox.com/en-us/2020/09/21/welcoming-bethesda-to-the-xbox-family/
"Microsoft to Acquire ZeniMax Media and Its Game Publisher Bethesda Softworks" PR Newswire - September 21, 2020 https://www.prnewswire.com/news-releases/microsoft-to-acquire-zenimax-media-and-its-game-publisher-bethesda-softworks-301134492.html
"Sony purchased Insomniac Games for $229M" Polygon - February 10, 2020 - Ryan Gilliam https://www.polygon.com/2020/2/10/21131899/sony-purchase-acquisition-insomniac-games-2019-2020-spider-man-sunset-overdrive-ratchet-clank
"EA just spent $400 million to make sure the next big 'Star Wars' game actually comes out" Business Insider - November 10, 2017 - Ben Gilbert https://www.businessinsider.com/ea-buys-respawn-star-wars-titanfall-2017-11
"Xbox Game Pass hits 10 million subscribers" The Verge - April 29, 2020 - Jacob Kastrenakes https://www.theverge.com/2020/4/29/21242004/xbox-game-pass-10-million-subscribers-microsoft-q3-2020-earnings
"Merger Review" Federal Trade Commission (FTC) Website https://www.ftc.gov/news-events/media-resources/mergers-and-competition/merger-review
"TODD HOWARD ON JOINING XBOX" Bethesda News Blog - September 21, 2020 https://bethesda.net/en/article/4IwKWIj174Cb2QNTTtBAEb/todd-howard-on-joining-xbox
"WHY MICROSOFT IS THE PERFECT FIT" Bethesda News Blog - Pete Hines - September 21, 2020 https://bethesda.net/en/article/1iLtcvwY6Nb1GeKADyDUEX/why-microsoft-is-the-perfect-fit
"Microsoft buying Bethesda and Zenimax for $7.5bn" Eurogamer - September 21, 2020 - Tom Phillips https://www.eurogamer.net/articles/2020-09-21-microsoft-buying-zenimax-parent-company-of-bethesda-id-software-and-more-report
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
On the evening of September 18, 2020, Justice of the US Supreme Court Ruth Bader Ginsburg died from cancer complications.
Hers was a legendary run as SCOTUS jurist with seminal cases decided (and dissented to) left and right, at all times based on her insightful and incisive application of the law. Whether you agreed or disagreed, her clear writing let you know without doubt how she felt the law applied and exactly why she was ruling the way she was.
Further, her friendship with complete political opposite Justice Antonin Scalia was equally legendary (and important), as she lived a life that showed what "reasonable minds can differ" can truly mean.
As we turn now towards a 2020 political season that was already hot; with the fight to replace such a figure now looming, it's hard to imagine that it didn't just become boiling.
Rest in Peace Justice Ginsburg.
CHECK OUT THE VIDEO AT: https://youtu.be/o03gafpH_vU
Discussed in this episode:
"Press Release Regarding Justice Ginsburg" Supreme Court of the United States - September 18, 2020 https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-18-20
"Ruth Bader Ginsburg" Wikipedia Entry https://en.wikipedia.org/wiki/Ruth_Bader_Ginsburg#Supreme_Court_jurisprudence
"A Lawyer Breaks Down the DACA Ruling: What it Says...and Doesn't (VL249)" YouTube Video - September 18, 2020 - Hoeg Law https://youtu.be/63wN3I85Ag0
"Ginsburg And Scalia: 'Best Buddies'" NPR Website - February 15, 2016 https://www.npr.org/2016/02/15/466848775/scalia-ginsburg-opera-commemorates-sparring-supreme-court-friendship
US Constitution Article 2, Section 2 https://www.law.cornell.edu/constitution/articleii
"Merrick Garland Supreme Court nomination" Wikipedia Entry https://en.wikipedia.org/wiki/Merrick_Garland_Supreme_Court_nomination
"McConnell now says he’d hold SCOTUS hearings in an election year — in a reversal of 2016" Vox - May 29, 2019 - Aaron Rupar https://www.vox.com/2019/5/29/18644061/mitch-mcconnell-supreme-court-hearings-2020-merrick-garland
"McConnell: Trump's Supreme Court nominee 'will receive a vote on the floor of the United States Senate'" Fox News - September 18, 2020 - Brooke Singman https://www.foxnews.com/politics/mcconnell-supreme-court-nominee-vote-floor
"Democrats warn GOP: Don't fill a Supreme Court vacancy in 2020 or we'll retaliate" NBC News - August 3, 2020 - Sahil Kapur https://www.nbcnews.com/politics/supreme-court/democrats-warn-gop-don-t-fill-supreme-court-vacancy-2020-n1234885
"Judiciary Act of 1869" Wikipedia Entry https://en.wikipedia.org/wiki/Judiciary_Act_of_1869
"The switch in time that saved nine" Wikipedia Entry https://en.wikipedia.org/wiki/The_switch_in_time_that_saved_nine
"There is absolutely no question that an ugly year and ugly election season just got 100x uglier." Tweet - September 18, 2020 - Richard Hoeg (@hoeglaw) https://twitter.com/HoegLaw/status/1307113965017800707
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
The father of Rayman, Rabbids, and Beyond Good and Evil, and a driving force behind creativity at Ubisoft for decades, Michel Ancel, has retired to pursue a life-long passion of running a wildlife sanctuary.
There's something about someone following their passions to do something different, especially after accomplishing so much, that I have always been inspired by.
But what's next for his two projects (and near decade long development cycles): Wild and Beyond Good and Evil 2?
We love to see folks following their dreams, as wild as they may be...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/iUCsviGthJM
Discussed in this episode:
Ubisoft CEO Publicly Apologises For Misconduct Allegations Nintendo Life - September 11, 2020 - Damien McFerran https://www.nintendolife.com/news/2020/09/ubisoft_ceo_publicly_apologises_for_misconduct_allegations
"Rayman creator Michel Ancel quits video games to work on wildlife sanctuary" EuroGamer - September 18, 2020 - Tom Phillips https://www.eurogamer.net/articles/2020-09-18-rayman-creator-michel-ancel-quits-video-games-industry-to-work-on-wildlife-sanctuary
Michel Ancel Instagram Post September 18, 2020 https://www.instagram.com/p/CFRbPpnqCxu/
"What Happened to 'WiLD,' Michel Ancel's Open World Game From 2014?" Vice - April 3, 2018 - Patrick Klepek https://www.vice.com/en_us/article/zmgzze/what-happened-to-wild-michael-ancels-open-world-game-from-2014
"An Update on Beyond Good & Evil 2" Ubisoft Blog - September 18, 2020 https://news.ubisoft.com/en-us/article/6ptJuA0jx7qhvhTnSosl8L/an-update-on-beyond-good-evil-2
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
Today in "Epic vs Apple", Apple responds to Epic's request to have Court force Apple to put Fortnite back on their store, direct payment and all. Let's see how its going:
"This lawsuit (and the front-page headlines it has generated) appears to be part of a marketing campaign designed to reinvigorate interest in Fortnite."
"Epic is holding its own customers hostage to gain leverage in a business dispute."
"Epic started a fire, and poured gasoline on it, and now asks this Court for emergency assistance..."
"If Epic were truly concerned that it would suffer reputational injury from this dispute, it would not be engaging in these elaborate efforts to publicize it."
"Epic is sacrificing them to advance its own commercial interests"
"...no court has ever accepted a claim remotely like this one..."
Yeah, things are escalating...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/QPgaJpBHSsk
CHAPTERS 00:00 Introduction 09:00 Apple's Opposition to Injunction (Overview) 22:43 Apple Presents a Holistic View of the iPhone 27:37 Attention Video Game Companies 31:12 Apple's Rules of the Road 36:32 Litigation as Fortnite Marketing 40:58 Unreal Benefits from Fortnite Breach 46:57 Apple on the Antitrust Case (Monopoly, IAP, Tying) 1:01:40 Epic as Saboteur (Irreparable Harm) 1:06:02 Marketing is Not Harm 1:07:45 Think of the Children (Balance of Equities) 1:13:09 The Trojan Horse Revealed 1:19:06 Conclusion
Discussed in this episode:
"Apple Sues Back! "Epic Undertook its Conduct with Malice and Fraud" (VL310)" YouTube Video - September 8, 2020 - Hoeg Law https://youtu.be/aRCZGm9D-zs
"Epic v Everyone: "Reckoning" with Linus Tech Tips and Apple (VL315)" YouTube Video - September 16, 2020 - Hoeg Law https://youtu.be/I0mNE2_snvg
"Apple’s Reckoning Has Come." YouTube Video - September 15, 2020 - Linus Tech Tips https://youtu.be/2tQddjlXj6o
Epic v Apple: Epic Makes Its Strongest Case Yet, But Is It Enough? (VL308) YouTube Video - September 5, 2020 - Hoeg Law https://youtu.be/0ic7v3vsO-A
"Epic vs Everyone: The Fortnite Antitrust Lawsuits" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
Apple's Opposition to Preliminary Injunction Epic v Apple - September 15, 2020 https://www.courtlistener.com/docket/17442392/73/epic-games-inc-v-apple-inc/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
Sony has finally announced the price and release date of the PlayStation 5 (PS5)! But while the showcase in which they did it went off without a hitch... the hours thereafter? Not so much.
What exactly is Spider-Man?
Does Sony actually believe in generations?
Pre-Orders? What Pre-Orders?
And how about those pricing choices?
Let's get into it.
There's great power, but is there great responsibility? We consider...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/mq8cfdbJPX4
Discussed in this episode:
"The Messaging Disaster of Microsoft's Xbox Series X Showcase (VL271)" YouTube Video - July 24, 2020 - Hoeg Law https://youtu.be/jV1elFEAxKY
"PlayStation CEO Jim Ryan says more PlayStation 5 units will be available than PS4s in 2013" Washington Post - September 16, 2020 - Gene Park https://www.washingtonpost.com/video-games/2020/09/16/ps5-retail-units/
"Sony's Jim Ryan: 'We are going to launch PS5 this holiday and we're going to launch globally'" GamesIndustryBiz - May 29, 2020 - Christopher Dring https://www.gamesindustry.biz/articles/2020-05-29-sonys-jim-ryan-its-time-to-give-fans-something-that-can-only-be-enjoyed-on-playstation-5
"See the Marvel’s Spider-Man: Miles Morales new gameplay demo" PlayStation Blog - September 16, 2020 https://blog.playstation.com/2020/09/16/see-the-marvels-spider-man-miles-morales-new-gameplay-demo/
"Forget Halo Infinite, Has Sony Been Lying about Spider-Man? (VL274)" YouTube Video - July 29, 2020 - Hoeg Law https://youtu.be/iZw8ez0bjYI
"Marvel's Spider-Man: Miles Morales Reportedly Includes PS5 Remaster of PS4's Spider-Man" ComicBook - July 27, 2020- Tyler Fischer https://comicbook.com/gaming/news/marvels-spider-man-miles-morales-ps5-ps4-remaster/
"PlayStation 5 launches in November, starting at $399 for PS5 Digital Edition and $499 for PS5 with Ultra HD Blu-Ray Disc Drive" PlayStation Blog - September 16, 2020 https://blog.playstation.com/2020/09/16/playstation-5-launches-in-november-starting-at-399-for-ps5-digital-edition-and-499-for-ps5-with-ultra-hd-blu-ray-disc-drive/
"Losing CONTROL of the Narrative: 505 Games and Legalese (VL312)" YouTube Video - September 11, 2020 - Hoeg Law https://youtu.be/78Vkx8HU-bg
"PS5 pre-orders began a day early, and so far they’re a mess" The Verge - September 16, 2020 - Taylor Lyles and Sean Hollister https://www.theverge.com/2020/9/16/21440721/sony-ps5-pre-orders-day-one-mess
"When will ps5 pre-orders start? PlayStation worldwide marketing head Eric Lempel says they will give gamers plenty of advance notice." Tweet - July 17, 2020 - Geoff Keighley (@geoffkeighley) https://twitter.com/geoffkeighley/status/1284163872694272000
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
Today in "Epic vs Apple", we look at popular YouTuber Linus Tech Tips' take on the case. But while the effort is laudable (and much more fulsomely presented than other videos we have previously evaluated), it is still somewhat "correct adjacent".
So let's dive in.
We're always happy to see important discussions happening on YouTube...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/I0mNE2_snvg
CHAPTERS 00:00 Introduction 03:27 Epic Win Will Boost Developers 06:38 End of the Walled Garden 10:09 The Nature of Monopoly 16:19 An Unreal Petty Threat 21:07 70% Is Not Free 23:50 Apple's Profits 26:04 Does General Computing Matter 33:26 Disparate Treatment of Developers 36:48 Epic and Special Treatment 38:24 Pounding the Table 43:37 The Garden of Apple 50:00 Conclusion
Discussed in this episode:
"Epic vs Everyone: The Fortnite Antitrust Lawsuits" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Apple’s Reckoning Has Come." YouTube Video - September 15, 2020 - Linus Tech Tips https://youtu.be/2tQddjlXj6o
"Single Firm Conduct" FTC Website https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/single-firm-conduct
"Monopolization Defined" FTC Website https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/single-firm-conduct/monopolization-defined
"Antitrust Enforcement and the Consumer" Department of Justice Document https://www.justice.gov/atr/file/800691/download
"JOIN THE BATTLE AND PLAY IN THE #FREEFORTNITE CUP ON AUGUST 23" Epic Games Fortnite Blog https://www.epicgames.com/fortnite/en-US/news/freefortnite-cup-on-august-23-2020
"So, of the sales of an app in the UK..." Tweet - September 2, 2020 - Tim Sweeney (@TimSweeneyEpic) https://twitter.com/TimSweeneyEpic/status/1301194127942594562
"Apple's statement is misleading." Tweet - August 21, 2020 - Tim Sweeney (@TimSweeneyEpic) https://twitter.com/TimSweeneyEpic/status/1296918541627793411
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
Is Bungie in talks to sell out to Microsoft? Have such talks ever happened? Imran Khan of Kinda Funny, Jeff Grubb of GamesBeat, and Tom Phillips of Eurogamer sure think so. But why then did the CEO of Bungie, Pete Parsons, deliver a flat denial on Twitter stating in no uncertain terms that "This is False"?
Well like most things in corporate messaging, there's more here than initially meets the eye.
When is a denial not a denial? When it categorically denies a multi-conditional paraphrase of a rumor speculated on in a casual podcast by two separate people.
CEOs don't wear halos, but their destiny is to parse language...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/coA9C4S3ZCU
Discussed in this episode:
"Rumor: Microsoft has been in talks to acquire Bungie multiple times but they fell through each time due to Bungie's high price" Tweet - September 14, 2020 - Nibel (@Nibellion) https://twitter.com/Nibellion/status/1305478072666292229
"GB Decides 163: When Will We Get PS5 Preorders?" YouTube Video - September 11, 2020 - Jeffrey Grubb https://youtu.be/jTaHSyzNoB4
"Microsoft held talks to buy Bungie - report" Eurogamer - September 14, 2020 - Tom Phillips https://www.eurogamer.net/articles/2020-09-14-microsoft-held-talks-to-buy-bungie-report
"This is false." Tweet - September 14, 2020 - Pete Parsons https://twitter.com/pparsons/status/1305528354318163968
"Bungie emphatically denies Microsoft buyout rumor" PC Gamer - September 14, 2020 - Andy Chalk https://www.pcgamer.com/bungie-emphatically-denies-microsoft-buyout-rumor/
"Hey Pete, which parts of this tweet are you saying are false?" Tweet - September 14, 2020 - Tom Phillips (@tomphillipsEG) https://twitter.com/tomphillipsEG/status/1305532247538380800
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
When Ubisoft's "Gods and Monsters" video game had its name suddenly changed to the far less poetic "Immortals Fenyx Rising", many questioned the alteration. But by far the most frequent of these questions related to the intellectual property status of the name. Could it have been rejected? Could someone have opposed it?
Enter Monster Energy.
Like a Fenyx from the ashes, trademarks will rise...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/KrzZuH28tO8
Discussed in this episode:
"Stadia leaks playable build of Ubisoft's Gods & Monsters" Eurogamer - June 12, 2020 - Tom Phillips https://www.eurogamer.net/articles/2020-06-12-stadia-leaks-playable-build-of-ubisofts-gods-and-monsters
"Gods and Monsters Trademark Fight With Monster Energy Caused Name Change" TechRaptor https://techraptor.net/gaming/news/gods-and-monsters-started-monster-trademark-fight-with-monster-energy
"Gods and Monsters" USPTO Filing ('501') https://tsdr.uspto.gov/#caseNumber=88465501&caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=statusSearch
"Protecting Your Trademark" USPTO Informational Document https://www.uspto.gov/sites/default/files/documents/BasicFacts.pdf
Monster Energy Notice of Opposition https://tsdr.uspto.gov/caseviewer/pdf?caseId=88465501&docIndex=9&searchprefix=sn#docIndex=9
Ubisoft Answer to Notice of Opposition https://tsdr.uspto.gov/caseviewer/pdf?caseId=88465501&docIndex=6&searchprefix=sn#docIndex=6
"International Trademark Classes" https://www.trademarknow.com/support/faq/international-trademark-classes
"False designations of origin, false descriptions, and dilution forbidden" 15 USC 1125 https://www.law.cornell.edu/uscode/text/15/1125#c_2_B
"Dilution (Trademark)" https://www.law.cornell.edu/wex/dilution_(trademark)
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
The already "rough" reception to 505 Games' "Control: Ultimate Edition" product just keeps getting rougher.
Now, after PlayStation Network (PSN) owners of the original game and season pass found themselves "accidentally" receiving (and then losing access to) the Ultimate Edition, well, things have gotten a bit worse.
But did 505 actually lie? Well, the answer to that question is in the "legalese".
Trying (and failing) to CONTROL the narrative is nothing new...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/78Vkx8HU-bg
Discussed in this episode:
"Control Ultimate Edition - An Explanation" Control Blog - August 20, 2020 https://controlgame.com/ultimateeditioncommunityblog/
"505 Games Issues CONTROL Upgrade "Non-Apology" (VL292)" YouTube Video - August 20, 2020 - Hoeg Law https://youtu.be/6MWsDCBjNrM
"505 Games accidentally does what they said was impossible: Upgrades Digital Deluxe owners of Control to Ultimate Edition, then revokes it." ResetERA Thread - September 10, 2020 https://www.resetera.com/threads/505-games-accidentally-does-what-they-said-was-impossible-upgrades-digital-deluxe-owners-of-control-to-ultimate-edition-then-revokes-it.284165/
"Control PS5 Upgrade Controversy Worsens as Owners Accidentally Get Free Access to Ultimate Edition" Push Square - September 10, 2020 - Liam Croft https://www.pushsquare.com/news/2020/09/control_ps5_upgrade_controversy_worsens_as_owners_accidentally_get_free_access_to_ultimate_edition
"Control: Ultimate Edition was temporarily shown as being owned by Digital Deluxe owners on PS4" The Sixth Axis - September 11, 2020 https://www.thesixthaxis.com/2020/09/11/control-ultimate-edition-was-accidentally-shown-for-digital-deluxe-owners/
"505 Games expose themselves after accidentally giving Control owners Ultimate Edition" Alt/Char - September 10, 2020 - Adnan Kljajic https://www.altchar.com/game-news/505-games-expose-themselves-after-accidentally-giving-control-owners-ultimate-edition-aUJw41v6mqas
"Control - Postmortem (Hoeg Law)" YouTube Video - September 3, 2019 - Hoeg Law https://youtu.be/-ze0KwnJshc
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
When Mixer announced its closure this summer, and Twitch banned Dr. Disrespect not a week thereafter, one could be forgiven for assuming that the earlier event might have had some effect on the latter.
Indeed, here in Virtual Legality we suggested as much, stating that Twitch's freeing up of value in the Dr. Disrespect contract in such circumstances was not that unusual for the more "litigiously" minded companies out there, and also... that such value might just find its way into the pockets of personalities like Ninja and Shroud.
An insane theory? Perhaps. But with Ninja announcing his return to Twitch today, there can be no question that the streaming giant felt that it had money to spend.
Hoeg Law: Putting the reality into "Virtual Legality" since 2018.
CHECK OUT THE VIDEO AT: https://youtu.be/Hl-dcQ7AkX4
Discussed in this episode:
"To new beginnings." Tweet - September 10, 2020 - Twitch (@Twitch) https://twitter.com/Twitch/status/1304088233458970624
"So...time for a #VirtualLegality victory lap then...?" Tweet - September 10, 2020 - Richard Hoeg (@HoegLaw) https://twitter.com/HoegLaw/status/1304090585964441601
"You called it at the very start..." Tweet - September 10, 2020 - Sam Dando (@stranger_sam_91) https://twitter.com/stranger_sam_91/status/1304098266590699521
"Twitch Bans Dr. Disrespect - A Legal Discussion" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy98pOuP1cC8o7nraoJEcmuG
"Microsoft Closes Mixer! Understanding the Fallout (VL250)" YouTube Video - June 22, 2020 - Hoeg Law https://youtu.be/eamT06g3T6Q
"Twitch Bans Dr. Disrespect - A Lawyer's Take On What We Know (VL254)" YouTube Video - June 29, 2020- Hoeg Law https://youtu.be/wfgiEiefZ2E
"Lawyer's Insane Theory on Dr Disrespect Twitch Ban to Get Ninja and Shroud" YouTube Video - July 1, 2020 - Esports Talk https://youtu.be/ahqmfhVNNNQ
"I’m coming home" Tweet - August 11, 2020 - Michael Grzesiek (@shroud) https://twitter.com/shroud/status/1293248098613911558
"Dr. Disrespect Speaks! The Anxiety of the Unknown (VL303)" YouTube Video - September 1, 2020 - Hoeg Law https://youtu.be/Y6rWQJ9bzZQ
Twitch Terms of Service Last Updated - August 10, 2020 https://www.twitch.tv/p/legal/terms-of-service/
Twitch Community Guidelines Last Updated - April 28, 2020 https://www.twitch.tv/p/legal/community-guidelines/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
A half decade ago, the Academy of Motion Picture Arts and Sciences (the "Academy") got chastised for allowing its crown jewel awards ceremony, the Oscars, to award primarily white men. This chastisement was memorialized in the Twitter hashtag #OscarsSoWhite.
Now, five years later, in an effort to address such concerns, the Academy has adopted the "Aperture 2025" initiative, requiring any film that seeks to win its biggest award "Best Picture" to meet certain inclusion and representation quotas.
What's the legality of such a requirement? How effective is it likely to be? And just who did Hollywood copy for this one?
The Academy has an Oscar, but could probably also use a Felix...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/9dPkOkwCZNU
Discussed in this episode:
"The Oscars make inclusion a requirement for best picture consideration beginning in 2024" CNN Website - September 8, 2020 - Brian Lowry https://www.cnn.com/2020/09/08/entertainment/oscars-rules-changes/index.html
"Oscars Announce New Inclusion Requirements for Best Picture Eligibility" Variety - September 8, 2020 - Clayton Davis https://variety.com/2020/film/news/oscars-inclusion-standards-best-picture-diversity-1234762727/
US Constitution, Amendment XIV https://www.law.cornell.edu/constitution/amendmentxiv
"Unlawful employment practices" 42 USC 2000e–2 https://www.law.cornell.edu/uscode/text/42/2000e-2
"Prohibition against discrimination or segregation in places of public accommodation" 42 U.S. Code § 2000a https://www.law.cornell.edu/uscode/text/42/2000a
"The Hashtag That Changed the Oscars: An Oral History" New York Times - February 6, 2020 - Reggie Ugwu https://www.nytimes.com/2020/02/06/movies/oscarssowhite-history.html
BFI Diversity Standards https://www.bfi.org.uk/inclusion-film-industry/bfi-diversity-standards
Women and Hollywood Website 2018 Statistics https://womenandhollywood.com/resources/statistics/2018-statistics/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Phase 2 of the "Epic vs Apple Legal Universe" continues with Apple's own dose of fiery rhetoric, not only in defending against Epic's complaint, but also in attempting to take the fight back to Tim Sweeney and company.
What are the strengths and weaknesses of Apple's arguments (and argument style)?
What are "punitive damages" and how does Apple want them to be used to punish Epic's alleged "fraud"?
And just why are we back in the world of 70 page document filings, anyway?
Sometimes Apple wonders why it even brings the thunder...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/aRCZGm9D-zs
CHAPTERS 00:00 Introduction 04:39 Apple's Opening Statement (Bringing the Fire) 27:03 Apple's Answers to Epic's Complaint 38:50 Apple's Laundry List of Defenses 42:30 Apple's Counterclaims (Introduction) 44:22 Intersection w/Apple v Pepper 49:53 The App Store Team/Apple's Letter to Epic 56:10 Epic Goes a Step Farther 1:02:54 Apple's Counterclaims (Legal Descriptions) 1:09:58 Apple Asks for Permission to Cutoff Unreal Engine 1:15:30 Conclusion
Discussed in this episode:
"Epic v Apple: Epic Makes Its Strongest Case Yet, But Is It Enough? (VL308)" YouTube Video - September 5, 2020 - Hoeg Law https://youtu.be/0ic7v3vsO-A
“Apple Fires Back at Epic: "It is Hard to Think of a Case Less Worthy" (VL294)” YouTube Video – August 21, 2020 – Hoeg Law https://youtu.be/bZkX3pG8biQ
"Epic vs Everyone: The Fortnite Antitrust Lawsuits" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
Apple's Answer and Countersuit Epic v Apple - September 8, 2020 Filing https://www.courtlistener.com/docket/17442392/66/epic-games-inc-v-apple-inc/
"Apple's statement is misleading." Tweet -- August 21, 2020 - Tim Sweeney (@TimSweeneyEpic) https://twitter.com/TimSweeneyEpic/status/1296918541627793411
"Apple Inc. v. Pepper" Supreme Court of the United States - May 13, 2019 https://www.supremecourt.gov/opinions/18pdf/17-204_bq7d.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
We finally have our first next generation console gaming price. It just so happens that it's for a console that wasn't officially announced until its price was.
Meet the Xbox Series X (formerly code name "Lockhart"), and its $299 price point.
The floor for the next generation appears to have been set, but what does this mean for the future?
We love to unlock those hearts...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/vcRWtXedoQY
Discussed in this episode:
"Xbox Series S, Revealed" Thurrott - September 7, 2020 - Brad Sams https://www.thurrott.com/games/xbox/240519/xbox-series-s-revealed
"Let’s make it official!" Tweet - September 8, 2020 - Xbox (@Xbox) https://twitter.com/Xbox/status/1303230071033880576
"Xbox Series X and Xbox Series S release date and price finally revealed" Windows Central - September 7, 2020 - Jez Corden and Zac Bowden https://www.windowscentral.com/xbox-series-x-and-xbox-series-s-release-date-and-price-finally-revealed
"no point holding this back now I guess" Tweet - September 8, 2020 - WalkingCat (@_h0x0d_) https://twitter.com/_h0x0d_/status/1303252607759130624
"Sony Is Struggling With PlayStation 5 Price Due to Costly Parts" Bloomberg - February 13, 2020 - Takashi Mochizuki https://www.bloomberg.com/news/articles/2020-02-14/sony-is-struggling-with-playstation-5-price-due-to-costly-parts
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Phase 2 of the "Epic vs Apple Legal Universe" (the "EVALU") has begun!
As anticipated, Epic Games has filed a more fulsome "Motion for Preliminary Injunction" to ask the Court to order:
(i) Apple's restoration of its games team to the Apple Developer Program, (ii) the restoration of the Fortnite application (as modified to allow direct payment to Epic) to the App Store, and (iii) to prohibit Apple from taking negative actions against Fortnite, Epic, or Epic's sibling companies and products.
With the first volleys of the TRO fight now firmly out of the way, both Epic and Apple have something concrete to fight against, and Epic wisely continues to narrow its focus to matters of law.
But will it be enough?
It's time for another epic document EVALUation...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/0ic7v3vsO-A
CHAPTERS 00:00 Introduction 2:42 The Requested Injunction 6:10 Epic's Overview of the Issues 28:29 The Effect of Apple's Termination 30:26 Epic Makes Its Strongest Antitrust Case Yet 37:39 Aftermarkets and Kodak Copiers 47:28 Epic Tying Claims 1:00:45 The Subjectivity of the Rule of Reason 1:08:30 Fighting Against Free (Walled Gardens) 1:11:00 Game Consoles Don't Count 1:14:30 Unclean Hands, Irreparable Harm, and the Public 1:22:38 Conclusion
Discussed in this episode:
"Epic vs Everyone: The Fortnite Antitrust Lawsuits" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"PLAINTIFF EPIC GAMES, INC.’S NOTICE OF MOTION AND MOTION FOR A PRELIMINARY INJUNCTION AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF" Epic vs Apple - September 4, 2020 https://www.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.61.0.pdf
Epic Games, Inc. v Apple Inc. Filed August 13, 2020 (US N.D. Cal) https://cdn2.unrealengine.com/apple-complaint-734589783.pdf
Epic Games, Inc. v Apple Inc. Apple's Motion in Opposition to Temporary Restraining Order https://www.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.36.0_2.pdf
"Fortnite and Travis Scott in "The Metaverse": Fraction of the Future (VL211)" YouTube Video - April 27, 2020 - Hoeg Law https://youtu.be/rU5lSqMM4YQ
"ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR TEMPORARY RESTRAINING ORDER" Epic v Apple (August 24, 2020) https://www.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.48.0.pdf
"Eastman Kodak Co. v. Image Technical Services, Inc." Wikipedia Page https://en.wikipedia.org/wiki/Eastman_Kodak_Co._v._Image_Technical_Services,_Inc.
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
When The Game Theorists and their 13M YouTube subscribers attempted to tackle the Epic vs Apple conflict in "Game Theory: The Secret Fortnite Agenda NO ONE Is Talking About!", we were thrilled that bigger channels were finally starting to discuss these important issues.
But as we noted in response, there were definitely problems with their analysis, not the least of which was an overly cloying end segment in which Epic's moves were described as "brilliant" and "just the tip of the iceberg", before finishing with a request that commenters ask for more content regarding the "Epic Story".
Now, much has been made clear, as Epic Games has purchased a 2+ minute advertising read for Fortnite from MatPat and company, not on The Game Theorists channel (for reasons unknown...or at least unstated), but on The Film Theorists one - the two channels owned and operated by the same entity.
To be fair, we never trust a rat...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/biRHZv_jdbM
Discussed in this episode:
Theorist Media Webpages https://www.theoristmedia.com/
"Game Theory: The Secret Fortnite Agenda NO ONE Is Talking About!" YouTube Video - August 29, 2020 - The Game Theorists https://youtu.be/8qZkl9CKgjI
"Epic vs Everyone: The Fortnite Antitrust Lawsuits" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"A Lawyer Responds to "The Game Theorists" on Epic vs Apple (VL301)" YouTube Video - August 30, 2020 - Hoeg Law https://youtu.be/l_jci0PIV-s
"Film Theory: Don't Trust A RAT! (Ratatouille)" YouTube Video - September 3, 2020 - The Film Theorists https://youtu.be/HB4L4Uin9IA
"Influencing the Influencers: A Walkthrough of the FTC’s new Social Media Guide (VL130)" YouTube Video - November 7, 2019 - Hoeg Law https://youtu.be/n15rg8x5bCY
"Disclosures 101 for Social Media Influencers" FTC Informational Guide https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf
"Guides Concerning the Use of Endorsements and Testimonials in Advertising" FTC Website https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf
"The FTC’s Endorsement Guides: What People Are Asking" FTC Website https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Facebook is changing its terms of service! Not unusual in and of itself, but the company has also taken the unusual step of notifying its users of the exact section to be changed.
As it turns out, though the change is small (and perhaps unnecessary), it goes along with big discussions happening at Facebook and Google; discussions revolving around what to do...about Australia.
We don't come from a land down under, but that land's "unique" legal structures often least to excellent topics...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/8rRsRDSvjXg
Discussed in this episode:
Facebook Terms of Service Prior to October 1, 2020 https://www.facebook.com/terms.php
Facebook Terms of Service As of October 1, 2020 https://www.facebook.com/legal/terms/preview
"'Commercially Viable' Doesn’t Mean What You Think: A Lawyer Reads YouTube’s New Terms of Service" YouTube Video - November 11, 2019 - Hoeg Law https://youtu.be/nfkem5e5Iqg
YouTube Terms of Service As of December 10, 2019 https://www.youtube.com/static?template=terms
"Draft news media bargaining code" Australian Competition & Consumer Commission (ACCC) Webpage https://www.accc.gov.au/focus-areas/digital-platforms/draft-news-media-bargaining-code#about-the-draft-code
Draft News Media/Digital Platforms Code https://www.accc.gov.au/system/files/Exposure%20Draft%20Bill%20-%20TREASURY%20LAWS%20AMENDENT%20%28NEWS%20MEDIA%20AND%20DIGITAL%20PLATFORMS%20MANDATORY%20BARGAINING%20CODE%29%20BILL%202020.pdf
"Q&As: Draft news media and digital platforms mandatory bargaining code" ACCC - July 2020 https://www.accc.gov.au/system/files/DPB%20-%20Draft%20news%20media%20and%20digital%20platforms%20mandatory%20bargaining%20code%20Q%26As.pdf
"Facebook threatens to pull news from Australia if new law passes" Axios - September 1, 2020 - Sara Fischer https://www.axios.com/facebook-pull-australia-news-threat-new-law-8615dab5-59e7-4683-80cd-3f2254d8faba.html
"An Update About Changes to Facebook’s Services in Australia" Facebook Webpage - August 31, 2020 - Will Easton https://about.fb.com/news/2020/08/changes-to-facebooks-services-in-australia/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
When a (seemingly) bulletproof series like Star Wars winds up losing hundreds of millions of dollars in momentum between installments, you can bet there will be backroom wailing and gnashing of teeth at the highest levels.
More unusual, however, is when one of the faces of that franchise, here John Boyega (Finn), makes public his very real concerns about the whole enterprise, how it was marketed, The Last Jedi's about face, Rian Johnson's directorial/writing choices, his role, and his future in blockbuster film-making in general.
Add in a discussion of racism, and well...
Disney has a bad feeling about this...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/78IE4K1nbZQ
CHAPTERS 00:00 Introduction (Background) 04:25 The Boyega Interview (British GQ) 07:34 On Star Wars and Race Generally 11:27 On Marketing Star Wars 18:32 On Sidelining/Others Getting More "Nuance" 24:55 Rian Johnson and The Last Jedi 31:52 On How Race Impacted His Experience 35:08 Conclusion
Discussed in this episode:
"John Boyega: 'I’m the only cast member whose experience of Star Wars was based on their race'" British GQ - September 2, 2020 - Jimi Famurewa https://www.gq-magazine.co.uk/culture/article/john-boyega-interview-2020
"Yeah, I'm all in for a John Boyega #StarWars film " Tweet - December 9, 2019 - Richard Hoeg (@HoegLaw) https://twitter.com/HoegLaw/status/1204115265946042368
"I think it is becoming clear that Disney hasn't lost the #StarWars PR wheel as much as it has determined that distance from Last Jedi is necessary and appropriate." Tweet - December 11, 2019 - Richard Hoeg (@HoegLaw) https://twitter.com/HoegLaw/status/1204773833649115136
"Release the JJ Cut? What Star Wars Rumors Can Tell Us About Media Messaging in the 2020s (VL151)" YouTube Video - January 2, 2020 - Hoeg Law https://youtu.be/SP1Sm5x6ouI
"I've been reflecting on this, and it really is fascinating that Disney has lost control of the "wheel" as it were this close to release of the new #StarWars." Tweet - December 10, 2019 - Richard Hoeg (@HoegLaw) https://twitter.com/HoegLaw/status/1204435301982187520
"Now It’s JJ Abrams’s Turn To Acknowledge That Into Darkness Had Problems With Khan" Gizmodo - December 17, 2015 - James Whitbrook https://io9.gizmodo.com/now-its-jj-abrams-turn-to-acknowledge-that-into-darknes-1748508652
"‘Star Wars’ China Poster Sparks Controversy After Shrinking John Boyega’s Character" Variety - December 4, 2015 - Maane Khatchatourian https://variety.com/2015/film/news/star-wars-china-poster-controversy-john-boyega-1201653494/
"The Last Jedi, Luke Skywalker, and Heroism in the Age of Trump" December 2017 - Richard Hoeg https://hoeglaw.wordpress.com/2017/12/20/the-last-jedi-luke-skywalker-and-heroism-in-the-age-of-trump/amp/
The Rise of Reylo: The Toxic Heart of Disney's Star Wars (Hoeg Law) YouTube Video - December 22, 2019 - Hoeg Law https://youtu.be/XWSudwOAxzY
"Interestingly, most of this discussion seems aimed at Rian Johnson..." Tweet - September 2, 2020 - Richard Hoeg (@HoegLaw) https://twitter.com/HoegLaw/status/1301223401084923904
"Star Wars fans harassed Kelly Marie Tran for months. She just deleted her Instagram posts." Vox - June 5, 2018 - Constance Grady https://www.vox.com/culture/2018/6/5/17429196/kelly-marie-tran-instagram-deleted-harassment-star-wars-rose-last-jedi
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
The continuing saga of WB Games appears to have come to an end (or at least a temporary respite), as "sources" indicate that AT&T has removed the company from the auction block.
But while AT&T and WarnerMedia would no doubt like the world to believe that it simply re-examined its priorities and found WB Games too valuable to sell, there would appear to be a lot more going on behind the scenes.
Who better to strike out than a batman... in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/utOaKv2bWnQ
Discussed in this episode:
"Will WB Games Really Be Sold? A Corporate Lawyer's View (VL247)" YouTube Video - June 16, 2020 - Hoeg Law https://youtu.be/hxPrQgunHNo
"AT&T seeks sale for Warner gaming unit, could fetch about $4 billion, sources say" CNBC - June 12, 2020 -Alex Sherman https://www.cnbc.com/2020/06/12/att-seeks-sale-for-warner-gaming-unit-could-fetch-4-billion.html
"Pressing Pause on Microsoft/WB Games Rumors (VL259)" YouTube Video - July 6, 2020 - Hoeg Law https://youtu.be/MrgotWNvLhs
"Microsoft Expresses Interest in Acquiring Warner Game Unit" Jessica Toonkel - July 6, 2020 - The Information https://www.theinformation.com/articles/microsoft-expresses-interest-in-acquiring-warner-game-unit
"Despite Reports, WB Games Is Still Very Much For Sale (VL281)" YouTube Video - August 10, 2020 - Hoeg Law https://youtu.be/avPbbwO7Eoc
"AT&T looks to have changed its mind about selling its gaming studios" Eurogamer - August 9, 2020 - Vikki Blake https://www.eurogamer.net/articles/2020-08-09-at-and-t-looks-to-have-changed-its-mind-about-selling-its-gaming-studios
"Bob Greenblatt, Kevin Reilly Out Amid Major WarnerMedia Restructuring" The Hollywood Reporter - August 7, 2020, Lesley Goldberg, Natalie Jarvey https://www.hollywoodreporter.com/live-feed/bob-greenblatt-kevin-reilly-major-warnermedia-restructuring-1306486
"AT&T to Scrap Sale of Warner Bros. Video-Game Unit" Bloomberg - September 1, 2020 - Nabila Ahmed and Scott Moritz https://www.bloomberg.com/news/articles/2020-09-01/at-t-is-said-to-scrap-sale-of-warner-bros-video-game-unit
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
The return of Dr. Disrespect on YouTube Gaming has been a resounding success for the popular streamer, but has he recovered from what happened over the summer with Twitch?
What effect could a "silent", unexplained ban from your business partner have on you, especially with tens of millions on the line even today?
And just what legal theories might his team be lining up behind the scenes, through video revelations like the ones Dr. Disrespect has shared?
Any emotional distress inflicted is always unintentional...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/Y6rWQJ9bzZQ
Discussed in this episode:
"Twitch Bans Dr. Disrespect - A Legal Discussion" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy98pOuP1cC8o7nraoJEcmuG
"Dr Disrespect - LIVE - Warzone Performance Center" YouTube Video - August 31, 2020 - DrDisRespect https://youtu.be/9WT6V8MeI9w
"Intentional Infliction of Emotional Distress" (Search for 1600) Judicial Council of California - Civil Jury Instructions https://www.justia.com/documents/trials-litigation-caci.pdf
Twitch Terms of Service Last Updated - August 10, 2020 https://www.twitch.tv/p/legal/terms-of-service/
"Judicial Council" California Courts Website https://www.courts.ca.gov/policyadmin-jc.htm
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Activision and Infinity Ward's free-to-play Call of Duty Battle Royale, Warzone, has been, by all accounts, a massive success. Well, by all accounts except one, perhaps - the prevalence of cheating and cheaters.
Now, as Warzone players have become more and more frustrated, Activision has taken legal action against at least one of the companies building and distributing Warzone cheats. It turns out those terms of service (and all that copyright law) are good for something after all.
War. War never cheats...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/X4QHRRvhsjU
Discussed in this episode:
"Cheat seller ceases Call of Duty hacks following Activision lawsuit" PC Gamer - August 30, 2020 - Jonathan Bolding https://www.pcgamer.com/cheat-seller-ceases-call-of-duty-hack-sales-following-activision-lawsuit/
"Activision suing popular hacking installation website" Reddit Thread - August 30, 2020 https://www.reddit.com/r/CODWarzone/comments/ij93zy/activision_suing_popular_hacking_installation/
"TERMS OF USE" Activision Website - Updated January 6, 2017 https://www.activision.com/legal/terms-of-use
"Call of Duty: Modern Warfare Security and Enforcement Policy" Activision Website - October 24, 2019 https://support.activision.com/modern-warfare/articles/call-of-duty-modern-warfare-security-and-enforcement-policy
"Exclusive rights in copyrighted works" 17 USC 106 https://www.law.cornell.edu/uscode/text/17/106
"Reading Final Fantasy VII's Streaming Restrictions (VL199)" YouTube Video - March 31, 2020 - Hoeg Law https://youtu.be/HF7RO5HAHvc
"Infinity Ward Addresses Warzone's Biggest Questions - Duos, Season 4, and More" COD Tracker Website - May 3, 2020 https://cod.tracker.gg/modern-warfare/articles/infinity-ward-warzone-duos-cheating-season-4
"Warzone players remain frustrated by cheaters even after Infinity Ward asked everyone to please stop cheating" PC Gamer - August 2020 - Aron Garst https://www.pcgamer.com/warzone-players-remain-frustrated-by-cheaters-even-after-infinity-ward-asked-everyone-to-please-stop-cheating/
"Circumvention of copyright protection systems" 17 USC 1201 https://www.law.cornell.edu/uscode/text/17/1201
"Criminal offenses and penalties" 17 USC 1204 https://www.law.cornell.edu/uscode/text/17/1204
"Civil remedies" 17 USC 1203 https://www.law.cornell.edu/uscode/text/17/1203
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
"Epic v Apple (The Fortnite Cases)" Month Continues!
The Game Theorists and their 13M YouTube subscribers have thrown their hat in the ring with "Game Theory: The Secret Fortnite Agenda NO ONE Is Talking About!"
Unfortunately, not only is the title inaccurate, but the foundations upon which the video itself rests are inaccurate as well. Fortunately, that's what we're here for.
Let's clear some stuff up...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/l_jci0PIV-s
CHAPTERS 00:00 Introduction 3:14 Payment Processing 8:25 Monopolies and Monopoly Power 14:44 Apple v Pepper 21:15 Brilliant Moves and...Sweating 26:20 Second Order Effects 33:00 Conclusion
Discussed in this episode:
"Game Theory: The Secret Fortnite Agenda NO ONE Is Talking About!" YouTube Video - August 29, 2020 - Hoeg Law https://youtu.be/8qZkl9CKgjI
"Epic vs Everyone: The Fortnite Antitrust Lawsuits" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"An interesting video on the Epic vs Apple legal battle..." Tweet - August 30, 2020 - Harrison Kelly (@Kelly1_harrison) https://twitter.com/kelly1_harrison/status/1299930422395252737
"It Was A Trap!!! A Lawyer Discusses Epic vs Apple (Fortnite Lawsuit) (VL286)" YouTube Video - August 14, 2020 - Hoeg Law https://youtu.be/y04zz5g1_08
Epic Games, Inc. v Apple Inc. Filed August 13, 2020 (US N.D. Cal) https://cdn2.unrealengine.com/apple-complaint-734589783.pdf
"Report: Steam's 30% Cut Is Actually the Industry Standard" IGN - Updated: January 13, 2020 - Tom Marks https://www.ign.com/articles/2019/10/07/report-steams-30-cut-is-actually-the-industry-standard
"Single Firm Conduct" FTC Website https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/single-firm-conduct
"Did the Supreme Court Just Kill Console Games? A Lawyer Reads Apple Inc v Pepper (VL56)" YouTube Video - May 13, 2019 - Hoeg Law https://youtu.be/urSG6eltMxk
"Apple Inc. v. Pepper" Supreme Court of the United States - May 13, 2019 (https://www.supremecourt.gov/opinions/18pdf/17-204_bq7d.pdf)
"Apple's Had Enough - Terminates Epic Games iOS Account (VL300)" YouTube Video - August 28, 2020 - Hoeg Law https://youtu.be/l9BpPoSb-OY
"ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR TEMPORARY RESTRAINING ORDER" Epic v Apple (August 24, 2020) https://www.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.48.0.pdf
"The Antitrust Laws" FTC Website https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/antitrust-laws
"Epic Games, Inc. v Apple Inc. Apple's Motion in Opposition to Temporary Restraining Order https://www.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.36.0_2.pdf"
"#FreeFortnite: Epic's Unethical Hashtag Mob (VL288)" YouTube Video - August 15, 2020 - Hoeg Law https://youtu.be/X33nOrxjKKk
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
When Judge Yvonne Gonzales Rogers issued her first decision in the Epic v Apple Fortnite case, the most likely outcome seemed to be that Epic would restore Fortnite, Apple would re-certify it for distribution on its platform, and the parties would proceed with their litigation.
Suffice it to say...that did not happen.
Instead, Apple has cut off one of its most prolific (and profitable) developer partners.
Epic Games has been terminated from iOS.
(It's our 300th episode of Virtual Legality! Thanks to everyone who has dropped in to check out this crazy thing, shared it with friends (or enemies), or that has left a comment, a like, or even (!) a dislike. I very much appreciate the opportunity to have these discussions with you all, and plan to have them for a long time to come. Thanks again!)
CHECK OUT THE VIDEO AT: https://youtu.be/l9BpPoSb-OY
Discussed in this episode:
"Epic vs Everyone: The Fortnite Antitrust Lawsuits" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Apple suspends Fortnite maker Epic Games’ App Store account" CNBC Website - August 28, 2020 - Todd Haselton https://www.cnbc.com/2020/08/28/apple-suspends-fortnite-maker-epic-games-app-store-account.html
"Why We Fight" Epic Games Blog Post (updated randomly) https://www.epicgames.com/site/en-US/fortnite-mega-drop-faq
"Epic v Apple: "Fortnite Out, Unreal In!" Reading Between the Lines (VL297)" YouTube Video - August 25, 2020 - Hoeg Law https://youtu.be/7Ag-gBBeQnc
"ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR TEMPORARY RESTRAINING ORDER" Epic v Apple (August 24, 2020) https://www.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.48.0.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
With the launch of the Series X on the horizon, the delay of Microsoft and 343 Industries keystone franchise title, Halo Infinite, has already caused problems. But what do problems in corporate America mean? Personnel changes!
Halo is "happy" to welcome (or welcome back) Pierre Hintze as "project lead" on "free to play" (multiplayer), and old series standby Joseph Staten as "project lead" on campaign.
But hey, wasn't this game originally supposed to come out in about 3 months?
Joseph Staten is finishing the fight...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/NqOT8ISJvsc
Discussed in this episode:
"In this week's Community Update..." Tweet - August 26, 2020 - Halo (@Halo) https://twitter.com/Halo/status/1298820664921448448
"Familiar Facts" Halo Waypoint News Update - August 26, 2020 https://www.halowaypoint.com/en-us/news/familiar-facts
"The Messaging Disaster of Microsoft's Xbox Series X Showcase (VL271)" YouTube Video - July 24, 2020 - Hoeg Law https://youtu.be/jV1elFEAxKY
"No Power? After Halo Infinite, Microsoft Changes its Message (VL273)" YouTube Video - July 28, 2020 - Hoeg Law https://youtu.be/cvqv7L7Pt3U
"Halo Infinite Delayed! Microsoft's "X"-Rated Disaster (VL283)" YouTube Video - August 11, 2020 - Hoeg Law https://youtu.be/KDmdSEiT7Ds
"Joseph Staten" Wikipedia Article https://en.wikipedia.org/wiki/Joseph_Staten
"Halo Infinite 2 Won't Be Happening, Says 343 Industries" IGN - July 23, 2020 - Ryan McCaffrey https://www.ign.com/articles/halo-infinite-2-wont-be-happening-says-343-industries
"Halo Infinite Lead Producer Leaves 343 Industries; Community Manager Denies Creative Dilemma at the Studio" WCCFTECH - October 14, 2019 - Aernout van de Velde https://wccftech.com/halo-infinite-lead-producer-leaves-343-industries/
"Halo Infinite director Tim Longo left..." Reddit Response - Halo Community Manager Unyshek https://www.reddit.com/r/halo/comments/dhaj8i/halo_infinite_director_tim_longo_left_the_company/f3nrvu0/
"A new “project lead” for campaign?" Tweet - August 26, 2020 - Richard Hoeg (@HoegLaw) https://twitter.com/HoegLaw/status/1298823982255411200
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
On August 6, 2020, President Trump took the unusual step of banning certain transactions between American citizens and the parent company of TikTok, Inc., ByteDance Ltd., on the basis that the TikTok application presented a national security threat. Eight days later, on August 14, 2020, the White House further order ByteDance to divest itself of TikTok within three months.
Now, TikTok and ByteDance have sued the Trump Administration, not to prevent the sale of the company, but solely to prevent the August 6 ban on transactions.
While the company presents many arguments, some good, some bad, and some bold, questions regarding the Court's willingness to interject its own judgment in the place of an executive abound.
But perhaps winning the case was never the point.
Tick Tock, You Don't Stop TikTok...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/rsNwRmY8L74
CHAPTERS 00:00 Introduction 7:56 TikTok v Trump (Overview) 11:15 Tiktok's Legal Claims (Overview) 18:25 Tiktok's Factual Background 37:15 Due Process Clause Claim 39:13 There is No National Emergency 42:02 ByteDance Wasn't Implicated 43:42 EO Covers Exempt Materials 45:14 IEEPA itself Is Unconstitutional 47:34 Takings Clause Claim 48:38 Code as Free Speech 50:38 Conclusion
Discussed in this episode:
TikTok Inc. v Trump Case No. 2:20-cv-7672 (August 24, 2020) https://cdn.vox-cdn.com/uploads/chorus_asset/file/21812645/document__1_.pdf
"Executive Order on Addressing the Threat Posed by TikTok" White House EO - August 6, 2020 https://www.whitehouse.gov/presidential-actions/executive-order-addressing-threat-posed-tiktok/
"Presidential authorities" 50 USC 1702 https://www.law.cornell.edu/uscode/text/50/1702
50 USC 1701 https://www.law.cornell.edu/uscode/text/50/1701
"Executive Order on Securing the Information and Communications Technology and Services Supply Chain" White House EO - May 15, 2019 https://www.whitehouse.gov/presidential-actions/executive-order-securing-information-communications-technology-services-supply-chain/
"Order Regarding the Acquisition of Musical.ly by ByteDance Ltd" White House EO - August 14, 2020 https://www.whitehouse.gov/presidential-actions/order-regarding-acquisition-musical-ly-bytedance-ltd/
"The Committee on Foreign Investment in the United States (CFIUS)" US Department of the Treasury Website https://home.treasury.gov/policy-issues/international/the-committee-on-foreign-investment-in-the-united-states-cfius
"Michigan Court of Appeals rules Gov. Whitmer has authority to use emergency pandemic powers" Click on Detroit Website - August 21, 2020 https://www.clickondetroit.com/news/local/2020/08/21/michigan-court-of-appeals-rules-gov-whitmer-has-authority-to-use-emergency-pandemic-powers/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Judge Yvonne Gonzales Rogers has issued her first decision in the Epic v Apple Fortnite case, and like many judges before her, she has elected to...split the difference.
But though the top line result is what's most likely to be reported on, there is MUCH to be teased out from everything else.
We're just getting started on this one...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/7Ag-gBBeQnc
Discussed in this episode:
"Epic vs Everyone: The Fortnite Antitrust Lawsuits" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
Epic Games, Inc. v Apple Inc. Motion for Temporary Restraining Order https://cdn2.unrealengine.com/epic-v-apple-8-17-20-768927327.pdf
"Epic Fires Back At Apple: "Unlawful Flexing of Monopoly Power"(VL296)" YouTube Video - August 23, 2020 - Hoeg Law https://youtu.be/xOT--pKfXOU
"ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR TEMPORARY RESTRAINING ORDER" Epic v Apple (August 24, 2020) https://www.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.48.0.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Epic has asked the Court to have Fortnite put back on iOS and to prevent Apple from terminating its developer relationship with the Company. Apple has (naturally) opposed the request, reserving its right to end its working relationship with Epic.
Now, Epic has responded with a tale of contracts, contract rights, account holders, and termination clauses convoluted enough to do any corporate attorney proud.
Some strong stuff from Epic here, but will it ultimately matter?
Multiple contracts, contract types, rights, and rightsholders. We're having fun now...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/xOT--pKfXOU
Discussed in this episode:
"Epic vs Everyone: The Fortnite Antitrust Lawsuits" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
Epic Games, Inc. v Apple Inc. Motion for Temporary Restraining Order https://cdn2.unrealengine.com/epic-v-apple-8-17-20-768927327.pdf
Epic Games, Inc. v Apple Inc. Epic's Reply Memorandum (August 24, 2020) https://www.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.43.0.pdf
"Unreal! Microsoft Joins Epic's Fight Against Apple (VL295)" YouTube Video - August 23, 2020 - Hoeg Law https://youtu.be/-jXJjllz00I
"Xcode and Apple SDKs Agreement" Updated August 7, 2019 https://www.apple.com/legal/sla/docs/xcode.pdf
Epic Games, Inc. v Apple Inc. Schiller Declaration (in support of Apple) https://www.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.37.0_1.pdf
Epic Games, Inc. v Apple Inc. Apple's Motion in Opposition to Temporary Restraining Order https://www.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.36.0_2.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
When Epic Games asked the Court to restore Fortnite to iOS (iPhone; iPad), it also asked for it to prevent Apple from terminating its developer license (which would end, or at least hurt, Epic’s ability to support the Unreal Engine).
With so many developers invested in Unreal, it’s no surprise that some would support Epic in their quest. But a bit more surprising? Is who just decided to join the fight.
Microsoft has entered the chat…in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/-jXJjllz00I
Discussed in this episode:
"Epic vs Everyone: The Fortnite Antitrust Lawsuits" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
“Today we filed a statement in support of Epic's request to keep access to the Apple SDK for its Unreal Engine.” Tweet – August 23, 2020 – Phil Spencer (@XboxP3) https://twitter.com/XboxP3/status/1297577235939856385
“DECLARATION OF KEVIN GAMMILL IN FURTHER SUPPORT OF PLAINTIFF EPIC GAMES, INC.’S MOTION FOR A TEMPORARY RESTRAINING ORDER” To be Filed August 24, 2020 (US N.D. Cal) https://cdn.vox-cdn.com/uploads/chorus_asset/file/21810025/statement_support_microsoft.pdf
"Epic Wants Apple's Support - By Force of Law (VL290)" YouTube Video - August 18, 2020 - Hoeg Law https://youtu.be/OQkD9kIgHkQ
Epic Games, Inc. v Apple Inc. Motion for Temporary Restraining Order https://cdn2.unrealengine.com/epic-v-apple-8-17-20-768927327.pdf
“Apple Fires Back at Epic: "It is Hard to Think of a Case Less Worthy" (VL294)” YouTube Video – August 21, 2020 – Hoeg Law https://youtu.be/bZkX3pG8biQ
Epic Games, Inc. v Apple Inc. Apple's Motion in Opposition to Temporary Restraining Order https://www.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.36.0_2.pdf
“XBOX ONE PUBLISHER LICENSE AGREEMENT” SEC Filing https://www.sec.gov/Archives/edgar/data/946581/000104746914000555/a2218068zex-10_1.htm
"Epic Declares War on Apple/Google...with Fortnite (VL285)" YouTube Video - August 13, 2020 - Hoeg Law https://youtu.be/Xb1E6-okFxQ
"Apple confirms cloud gaming services like xCloud and Stadia violate App Store guidelines" The Verge - August 6, 2020 - Nick Statt https://www.theverge.com/2020/8/6/21357771/apple-cloud-gaming-microsoft-xcloud-google-stadia-ios-app-store-guidelines-violations
“But it is good to know that Xbox’s official position is that contract breach is okay…” Tweet – August 23, 2020 – Richard Hoeg (@HoegLaw) https://twitter.com/HoegLaw/status/1297582043770036224
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
When Epic Games deliberately breached its developer agreements with Apple by placing "direct payment" options in their hit game Fortnite (and circumventing Apple's App Store), they knew Apple would respond.
But with Fortnite removed from iOS (iPhone; iPad), and Epic's continued status as iOS developer (and ability to support Unreal Engine) in jeopardy, the game company has sought the Court's protection.
Now, Apple has responded...in force.
The battle is finally joined in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/bZkX3pG8biQ
CHAPTERS 00:00 Introduction 06:30 Apple Files Its Opposition (Introduction and Overview) 27:40 App Store as Business 34:40 Apple Argues For Security 36:31 Epic's Breach (The Sweeney Letters) 52:06 Apple's Legal Arguments 53:58 Apple: No Irreparable Harm 57:55 Apple: Epic Will Lose It's Antitrust Case 1:06:27 Apple: Injunction is Not In The Public Interest 1:10:49 Conclusion
Discussed in this episode:
"Epic vs Everyone: The Fortnite Antitrust Lawsuits" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Epic Wants Apple's Support - By Force of Law (VL290)" YouTube Video - August 18, 2020 - Hoeg Law https://youtu.be/OQkD9kIgHkQ
Epic Games, Inc. v Apple Inc. Filed August 13, 2020 (US N.D. Cal) https://cdn2.unrealengine.com/apple-complaint-734589783.pdf
Epic Games, Inc. v Apple Inc. Apple's Motion in Opposition to Temporary Restraining Order https://www.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.36.0_2.pdf
"Epic's CEO Just Called Me Out: A Response (VL289)" YouTube Video - August 17, 2020 - Hoeg Law https://youtu.be/OQkD9kIgHkQ
"Apple's statement is misleading." Tweet - August 21, 2020 - Tim Sweeney (@TimSweeneyEpic) https://twitter.com/TimSweeneyEpic/status/1296918541627793411
"Free legal advice, kids." Tweet- August 21, 2020 - Richard Hoeg (@HoegLaw) https://twitter.com/HoegLaw/status/1296925709181616133
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Epic Games has upgraded its #FreeFortnite Battle Pass to a new level: Merchandising.
Because when you play in the #FreeFortnite Cup, you don't bend to trillion dollar companies (just to billion dollar ones).
Come for the antitrust claims, stay for the hats...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/Hiw0W18EGIs
Discussed in this episode:
"JOIN THE BATTLE AND PLAY IN THE #FREEFORTNITE CUP ON AUGUST 23" Epic Games Webpage https://www.epicgames.com/fortnite/en-US/news/freefortnite-cup-on-august-23-2020
"Epic vs Everyone: The Fortnite Antitrust Lawsuits" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"#FreeFortnite: Epic's Unethical Hashtag Mob (VL288)" YouTube Video - August 15, 2020 - Hoeg Law https://youtu.be/X33nOrxjKKk
Epic Games, Inc. v Apple Inc. Filed August 13, 2020 (US N.D. Cal) https://cdn2.unrealengine.com/apple-complaint-734589783.pdf
Epic Games, Inc. v Google LLC Filed August 13, 2020 (US N.D. Cal) https://cdn.vox-cdn.com/uploads/chorus_asset/file/21759099/file0.243586135368002.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
When is an apology, not an apology? 505 Games seems determined to plumb the depths of this question, as it continues to grapple with explanations for just why new purchasers of Remedy Entertainment's CONTROL will receive a free upgrade to next generation systems (PS5/Xbox Series X), while original supports of the product will not.
But in continuing their campaign of complete opacity (and ignoring myriad different ways to make fans of their games whole), they might just be making things significantly worse.
When is an apology not an apology? When you try too hard to CONTROL the message...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/6MWsDCBjNrM
Discussed in this episode:
"Introducing Control Ultimate Edition" Control Blog - August 12, 2020 https://controlgame.com/introducing-control-ultimate-edition/
"Control limits free next-gen upgrades to its new $40 Ultimate Edition" The Verge - August 12, 2020 - Cameron Faulkner https://www.theverge.com/2020/8/12/21364797/control-free-ps5-xbox-series-x-smart-delivery-digital-update-ultimate-edition
"Control Ultimate Edition - An Explanation" Tweet - August 20, 2020 - Control (@ControlRemedy) https://twitter.com/ControlRemedy/status/1296401738212179968
"Control Ultimate Edition - An Explanation" Control Blog - August 20, 2020 https://controlgame.com/ultimateeditioncommunityblog/
"Control - Postmortem (Hoeg Law)" YouTube Video - September 3, 2019 - Hoeg Law https://youtu.be/-ze0KwnJshc
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
In 2020, it's no surprise when an anticipated video game (or movie, or television show) gets pushed back, but when the sequel to a cult classic like Vampire: The Masquerade severs ties with its creative leads only a few months before its intended release, well, it raises a lot of questions.
Who is Brian Mitsoda and how is his removal a dilution of the connection between Bloodlines 2 and its predecessor?
Why was he fired, and who is his replacement, Alex Mandryka?
Why was a firing made last month only reported on now?
And just how does Paradox plan to market this masquerade?
The thumbnail was almost "Vampire Decapitated"...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/eC0cL1-whVY
Discussed in this episode:
"Today we have an important announcement in regards to the release date of Bloodlines 2." Tweet - August 11, 2020 - Vampire: The Masquerade - Bloodlines 2 (@VtM_Bloodlines) https://twitter.com/VtM_Bloodlines/status/1293064749157167105
"AN UPDATE ON THE ORGANIZATIONAL CHANGES FOR BLOODLINES 2" Vampire Bloodlines 2 Blog Post - August 19, 2020 https://www.bloodlines2.com/en/an-update-on-the-organizational-changes-for-bloodlines-2
"Brian Mitsoda has been fired as narrative lead on Bloodlines 2" Rock Paper Shotgun - August 19, 2020 - Graham Smith https://www.rockpapershotgun.com/2020/08/19/brian-mitsoda-has-been-fired-as-narrative-lead-on-bloodlines-2/
Game Whispering Services Page http://gamewhispering.com/#Services
"What Exactly Is a Dramaturg?" Playbill - May 16, 2017 https://www.playbill.com/article/want-to-know-if-dramaturgy-or-literary-management-is-right-for-you
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
In a "surprise" reaction to blatant breach of contract, the injured party has notified the other of the breach and told them to fix it...or have their agreement terminated.
But when it's Apple doing the "retaliatory" notifying and the breaching party is Epic Games, well, you can be sure that the action will be framed as an affront to public decency, morality, liberty, and the sanctity of family (no, I'm not kidding).
What has Apple done and what have they asked for? If Apple can terminate an agreement "for any or no reason", what is this fight even about?
And can Epic really force another company to support it - by force of a court order?
We sell the popcorn and the butter...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/Tw2Xzejnf74
Discussed in this episode:
"Epic vs Everyone: The Fortnite Antitrust Lawsuits" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
"Epic Games asks court to stop Apple pulling its developer tools next week" Engadget - August 17, 2020 - Nicole Lee https://www.engadget.com/epic-fortnite-apple-lawsuit-developer-tools-190559744.html
Motion for Temporary Restraining Order (Epic) Epic v Apple (Case No. 3:20-CV-05640-EMC) https://cdn2.unrealengine.com/epic-v-apple-8-17-20-768927327.pdf
"App Store Review Guidelines" https://developer.apple.com/app-store/review/guidelines/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Epic's War of North Carolinian aggression continues apace, as their Chief Executive Officer, Tim Sweeney, takes to Twitter to make sure that each and everyone of you know...that the fight to lower Apple/Google's $300M Fortnite cut to $250M (or less!) is in fact a fight - for the liberty and liberation of all free-thinking people.
But when business folks are silly enough to litigate their troubles on Twitter, you can bet we'll be there (and within the Fortnite)...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/OQkD9kIgHkQ
Discussed in this episode:
Epic Games, Inc. v Apple Inc. Filed August 13, 2020 (US N.D. Cal) https://cdn2.unrealengine.com/apple-complaint-734589783.pdf
"Let’s try searching for Netflix on the App Store." Tweet (Thread) - August 16, 2020 - Tim Sweeney (@TimSweeneyEpic) https://twitter.com/TimSweeneyEpic/status/1295170278172102656
"Looking forward to the next [Hoeg Law] video." Tweet - August 16, 2020 - Vruskophile (@Vruskophile) https://twitter.com/Vruskophile/status/1295401535438852097
"So, just to be clear, it’s bad when a company buys up ad space using competitor search key words?" Tweet - August 16, 2020 - Hoeg Law https://twitter.com/HoegLaw/status/1295180014787403777
"Come on, Tim." Tweet - August 16, 2020 - Hoeg Law https://twitter.com/HoegLaw/status/1295177249252155392
"I’m fighting Apple policies while tweeting on iPhone." Tweet (Thread) - August 17, 2020 - Tim Sweeney (@TimSweeneyEpic) https://twitter.com/TimSweeneyEpic/status/1295398509794013185
"IGN says Epic is “Weaponizing Fortnite Fans”." Tweet (Thread) - August 15, 2020 - Tim Sweeney (@TimSweeneyEpic) https://twitter.com/TimSweeneyEpic/status/1294704882121932800
"Outside of being ludicrously hyperbolic..." Tweet (Thread) - August 15, 2020 - Hoeg Law https://twitter.com/HoegLaw/status/1294714547345989633
"At the most basic level, we’re fighting for the freedom of people..." Tweet (Thread) - August 14, 2020 - Tim Sweeney (@TimSweeneyEpic) https://twitter.com/TimSweeneyEpic/status/1294386429833940994
"Epic Games Store steals another high profile title from Steam" TechRadar - January 28, 2019 - Harry Domanski https://www.techradar.com/news/epic-games-store-steals-another-high-profile-title-from-steam
Epic Games Store About Page https://www.epicgames.com/store/en-US/about
"The problem is not a number, and a number isn’t the solution." Tweet - July 31, 2020 - Tim Sweeney (@TimSweeneyEpic) https://twitter.com/TimSweeneyEpic/status/1289227550431031296
"Epic Games Store has generated $680M so far, with exclusives being 'critical,' says Tim Sweeney" GameDailyBiz - James Brightman - January 14, 2020 https://gamedaily.biz/article/1502/epic-games-store-has-generated-680m-so-far-with-exclusives-being-critical-says-tim-sweeney
"I love Apple products." Tweet - August 7, 2020 - Shawn Farner (@pixelquips) https://twitter.com/pixelquips/status/1291814393907425281
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Love them or hate them, Epic Games' creation and use of a #FreeFortnite army against their corporate and legal enemies, in Apple and Google, should be something that both sides of the issue condemn.
We don't wield, encourage, or condone the use of outrage mobs...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/X33nOrxjKKk
Discussed in this episode:
"Epic Declares War on Apple/Google...with Fortnite (VL285)" YouTube Video - August 13, 2020 - Hoeg Law https://youtu.be/Xb1E6-okFxQ
"It Was A Trap!!! A Lawyer Discusses Epic vs Apple (Fortnite Lawsuit) (VL286)" YouTube Video - August 13, 2020 - Hoeg Law https://youtu.be/y04zz5g1_08
"Rd. 2! A Lawyer Reacts to Epic's Google Lawsuit (VL287)" YouTube Video - August 14, 2020 - Hoeg Law https://youtu.be/0qVsZXajXuQ
"Epic vs Everyone: The Fortnite Antitrust Lawsuits" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV
Epic Games, Inc. v Apple Inc. Filed August 13, 2020 (US N.D. Cal) https://cdn2.unrealengine.com/apple-complaint-734589783.pdf
"Fortnite Mocks Apple's App Store During In-Game Event" ScreenRant - August 13, 2020 - Zackerie Fairfax https://screenrant.com/fortnite-mocks-apple-event-freefortnite/
"Fortnite player distribution in the U.S. 2018, by age group" Statista https://www.statista.com/statistics/865616/fortnite-players-age/
"Apple confirms cloud gaming services like xCloud and Stadia violate App Store guidelines" The Verge - August 6, 2020 - Nick Statt https://www.theverge.com/2020/8/6/21357771/apple-cloud-gaming-microsoft-xcloud-google-stadia-ios-app-store-guidelines-violations
"Epic's Nineteen Eighty-Fortnite video is an irresponsible piece of corporate propaganda | Opinion" GameIndustryBiz - Rebekah Valentine - August 14, 2020 https://www.gamesindustry.biz/articles/2020-08-14-epics-nineteen-eighty-fortnite-video-is-an-irresponsible-piece-of-corporate-propaganda-opinion
"The Business and Law of Sony's EPIC Investment (VL263)" YouTube Video - July 13, 2020 - Hoeg Law https://youtu.be/0AyjUSTSFQ4
"Actors’ union digs in with video, promises help as Disney talks sour" Orlando Sentinel - July 25, 2020 - Matthew Palm https://www.orlandosentinel.com/entertainment/arts-and-theater/os-disney-world-performers-lockout-help-20200725-csayf6bsmfhkhgdmh3qfce6loe-story.html
"Can Epic Games actually take on Apple and Google? Experts weigh in" Polygon - August 14, 2020 - Nicole Carpenter https://www.polygon.com/2020/8/14/21369277/epic-games-fortnite-lawsuit-apple-google-expert-opinion
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Epic has continued its own Sherman (antitrust) March against the tech giants, by bringing a similar (but not identical) claim against Google as the one they brought against Apple.
But might the openness of Google's business model actually make them more susceptible to a claim of this type?
And what is the endgame for all these Fortnite lawsuits anyway?
Being "more open" may get you in trouble for being "more controlling" in the wild world of...Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/0qVsZXajXuQ
CHAPTERS 00:00 Introduction (Background) 08:40 Epic vs Google (Overview) 11:36 Epic's Theory of the Case 19:55 Google Market Power Examples (OnePlus) 31:15 Epic's Best Argument (Licensed OS Market) 37:05 Google's Alleged Anti-Competitive Behavior 46:16 A Discussion of Tying 52:50 Conclusion
Discussed in this episode:
"THE FORTNITE MEGA DROP - PERMANENT DISCOUNTS UP TO 20%" Epic Games Post - August 13, 2020 https://www.epicgames.com/fortnite/en-US/news/the-fortnite-mega-drop-permanent-discounts-up-to-20-percent
"Epic Declares War on Apple/Google...with Fortnite (VL285)" YouTube Video - August 13, 2020 - Hoeg Law https://youtu.be/Xb1E6-okFxQ
"Apple just kicked Fortnite off the App Store" The Verge - August 13, 2020 - Nick Statt https://www.theverge.com/2020/8/13/21366438/apple-fortnite-ios-app-store-violations-epic-payments
"Epic Games is suing Apple" The Verge - August 13, 2020 - Nick Slatt https://www.theverge.com/2020/8/13/21367963/epic-fortnite-legal-complaint-apple-ios-app-store-removal-injunctive-relief
Epic Games, Inc. v Apple Inc. Filed August 13, 2020 (US N.D. Cal) https://cdn2.unrealengine.com/apple-complaint-734589783.pdf
"It Was A Trap!!! A Lawyer Discusses Epic vs Apple (Fortnite Lawsuit) (VL286)" YouTube Video - August 14, 2020 - Hoeg Law https://youtu.be/y04zz5g1_08
"Trusts, etc., in restraint of trade illegal; penalty" 15 USC 1 (Sherman Act Sec. 1) https://www.law.cornell.edu/uscode/text/15/1
"Monopolizing trade a felony; penalty" 15 USC 2 (Sherman Act Sec. 2) https://www.law.cornell.edu/uscode/text/15/2
"The Antitrust Laws" Federal Trade Commission Site https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/antitrust-laws
"Single Firm Conduct" Federal Trade Commission Site https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/single-firm-conduct
"Monopolization Defined" Federal Trade Commission Site https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/single-firm-conduct/monopolization-defined
"Fortnite has also been kicked off of Google Play" GameIndustryBiz - August 14, 2020 - Rebekah Valentine https://www.gamesindustry.biz/articles/2020-08-14-fortnite-has-also-been-kicked-off-of-google-play
"Epic is suing Google over Fortnite’s removal from the Google Play Store" The Verge - August 13, 2020 - Russell Brandom https://www.theverge.com/2020/8/13/21368363/epic-google-fortnite-lawsuit-antitrust-app-play-store-apple-removal
Epic Games, Inc. v Google LLC Filed August 13, 2020 (US N.D. Cal) https://cdn.vox-cdn.com/uploads/chorus_asset/file/21759099/file0.243586135368002.pdf
"Tying the Sale of Two Products" Federal Trade Commission Site https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/single-firm-conduct/tying-sale-two-products
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
When we called Epic's mobile Fortnite discounts a declaration of war, we honestly had no idea how right we were.
Now it's clear that Epic's actions were not only deliberately inciting Apple, but also baiting them into taking action against Fortnite only to set the groundwork for Epic's filing of a federal lawsuit
What does Epic allege is Apple's anti-competitive activity? What is the Sherman antitrust act, and how does its application hinge on one very important factual determination? And what would a win by Epic here mean for Google, Microsoft, Sony, Nintendo, and many, many more.
Other channels may have ordinary tanks, but we've got a Sherman...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/y04zz5g1_08
CHAPTERS 00:00 Introduction (Background) 02:09 Apple Strikes Back 03:50 Epic Springs Its Trap 5:15 Epic Games vs Apple (Overview) 13:45 Epic's Theory of the Case 22:15 Monopolizing Its Own Product 35:14 A Tour of the Sherman Act (Setting the Market) 43:10 Epic's Claims 48:44 Conclusion
Discussed in this episode:
"Epic Declares War on Apple/Google...with Fortnite (VL285)" YouTube Video - August 13, 2020 - Hoeg Law https://youtu.be/Xb1E6-okFxQ
"THE FORTNITE MEGA DROP - PERMANENT DISCOUNTS UP TO 20%" Epic Games Post - August 13, 2020 https://www.epicgames.com/fortnite/en-US/news/the-fortnite-mega-drop-permanent-discounts-up-to-20-percent
"App Store Review Guidelines" Apple Developer Post https://developer.apple.com/app-store/review/guidelines/
"Apple just kicked Fortnite off the App Store" The Verge - August 13, 2020 - Nick Statt https://www.theverge.com/2020/8/13/21366438/apple-fortnite-ios-app-store-violations-epic-payments
"Holy crap. Epic baited them deliberately for this outcome." Tweet - August 13, 2020 - Richard Hoeg (@hoeglaw) https://twitter.com/HoegLaw/status/1293995014629085185
Epic Games, Inc. v Apple Inc. Filed August 13, 2020 (US N.D. Cal) https://cdn2.unrealengine.com/apple-complaint-734589783.pdf
"Fortnite Party Royale will premiere a new short: Nineteen Eighty-Fortnite." Tweet - August 13, 2020 - Fortnite (@FortniteGame) https://twitter.com/FortniteGame/status/1293984290326433792
"Epic Game's Nineteen Eighty-Fortnite spot" Tweet - August 13, 2020 - Alex Medina (@mrmedina) https://twitter.com/mrmedina/status/1294003691947585536
"Monopolizing trade a felony; penalty" 15 USC 2 (Sherman Act Sec. 2) https://www.law.cornell.edu/uscode/text/15/2
"Trusts, etc., in restraint of trade illegal; penalty" 15 USC 1 (Sherman Act Sec. 1) https://www.law.cornell.edu/uscode/text/15/1
"The Antitrust Laws" Federal Trade Commission Site https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/antitrust-laws
"Exclusive rights in copyrighted works" 17 USC 106 https://www.law.cornell.edu/uscode/text/17/106
"Single Firm Conduct" Federal Trade Commission Site https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/single-firm-conduct
"Monopolization Defined" Federal Trade Commission Site https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/single-firm-conduct/monopolization-defined
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
When is a discount more than a discount? When it's a declaration of war.
Epic Games' reduction of prices on Fortnite V-Bucks in all locations (except two very specific ones), has all the makings of the company's previous attempt to bust Steam's lock on 30% platform fees through their Epic Games Store Platform.
Now, however, the company has turned its ire to the 30% collected by each of the Apple App Store and the Google Play Store.
There's a lot to consider here.
The war is likely to last longer than a Fortnite...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/Xb1E6-okFxQ
Discussed in this episode:
"Fortnite Lowers V-Bucks Prices, Calls out Apple and Google's 'Exorbitant' Mobile Payment Fees" IGN - August 13, 2020 - Jordan Oloman https://www.ign.com/articles/fortnite-lowers-v-bucks-prices-calls-out-apple-and-googles-exorbitant-mobile-payment-fees
"ANNOUNCING EPIC DIRECT PAYMENT ON MOBILE" Epic Games Post - August 13, 2020 https://www.epicgames.com/fortnite/en-US/news/announcing-epic-direct-payment-on-mobile
"THE FORTNITE MEGA DROP - PERMANENT DISCOUNTS UP TO 20%" Epic Games Post - August 13, 2020 https://www.epicgames.com/fortnite/en-US/news/the-fortnite-mega-drop-permanent-discounts-up-to-20-percent
"FORTNITE MEGA DROP PRESS FAQ" Epic Games Post - August 13, 2020 https://www.epicgames.com/site/en-US/fortnite-mega-drop-faq
"App Store Review Guidelines" Apple Developer Post https://developer.apple.com/app-store/review/guidelines/
"Apple App Store - Principles and Practices" https://www.apple.com/ios/app-store/principles-practices/
"Google Play Developer Distribution Agreement" Updated June 12, 2020 https://play.google.com/about/developer-distribution-agreement.html
"Service Fees" Google Play Console Help Page https://support.google.com/googleplay/android-developer/answer/112622?hl=en
"When Microsoft's ambitious 'Netflix of gaming' service launches in September, it won't arrive on Apple devices – here's why" Business Insider - August 6, 2020 - Ben Gilbert https://www.businessinsider.com/apple-explains-why-xbox-game-pass-is-not-on-iphone-2020-8
"Apple confirms cloud gaming services like xCloud and Stadia violate App Store guidelines" The Verge - August 6, 2020 - Nick Statt https://www.theverge.com/2020/8/6/21357771/apple-cloud-gaming-microsoft-xcloud-google-stadia-ios-app-store-guidelines-violations
"Well, we have some good news..." Tweet - August 7, 2020 - Facebook Gaming (@FacebookGaming) https://twitter.com/FacebookGaming/status/1291708615015858176
"Apple has gone crazy." Tweet - July 28, 2020 - Tim Sweeney (@TimSweeneyEpic) https://twitter.com/TimSweeneyEpic/status/1288139365399633924
"The problem is not a number, and a number isn’t the solution." Tweet - July 31, 2020 - Tim Sweeney (@TimSweeneyEpic) https://twitter.com/TimSweeneyEpic/status/1289227550431031296
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
"Why did Twitch silently ban one of its most popular streamers in Dr. Disrespect?"
While that question continues across the Internet, with an answer as likely to be an anticlimax (aka, a settlement on undisclosed terms) as anything, one thing we do now know is that Twitch is not out of the exclusive streamer business.
Shroud is "Coming Home".
What does Shroud's return mean for Twitch? For Dr. Disrespect? And for Law Firm YouTube channels with "Insane" theories? Well we'll just have to dive in.
"Lifting the shroud" is the new "piercing the veil"...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/0qQXk20p0Ro
Discussed in this episode:
"Twitch Bans Dr. Disrespect - A Legal Discussion" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy98pOuP1cC8o7nraoJEcmuG
"Twitch Bans Dr. Disrespect - A Lawyer's Take On What We Know (VL254)" YouTube Video - June 29, 2020 - Hoeg Law https://youtu.be/wfgiEiefZ2E
"Lawyer's Insane Theory on Dr Disrespect Twitch Ban to Get Ninja and Shroud" YouTube Video - July 1, 2020 - Esports Talk https://youtu.be/ahqmfhVNNNQ
"I’m coming home" Tweet - August 11, 2020 - Michael Grzesiek (@shroud) https://twitter.com/shroud/status/1293248098613911558
"Shroud returns to Twitch, exclusively" The Verge - August 11, 2020 - Bijan Stephen https://www.theverge.com/2020/8/11/21363758/shroud-twitch-exclusive-deal-michael-grzesiek-mixer
"Shroud returns to Twitch under a new, exclusive deal" Engadget - August 11, 2020 - Jessica Conditt https://www.engadget.com/shroud-twitch-return-first-stream-time-193742742.html
"A toast to the return of the TWO TIME!" Tweet - August 7, 2020 - MTN DEW GAME FUEL (@GameFuel) https://twitter.com/GameFuel/status/1291839059455860737
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
The unthinkable has happened, with Microsoft (and subsidiary 343 Industries), reacting to Halo Infinite's terrible reveal reception...by delaying it to sometime in 2021.
But with Halo gone, how in the world does Microsoft intend to sell the Series X?
The ending of Halo 2 had more follow-through than Microsoft...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/KDmdSEiT7Ds
Discussed in this episode:
"An absolute catastrophe for Microsoft." Tweet - August 11, 2020 - Richard Hoeg (@hoeglaw) https://twitter.com/HoegLaw/status/1293261799928803329
"The Messaging Disaster of Microsoft's Xbox Series X Showcase (VL271)" YouTube Video - July 24, 2020 - Hoeg Law https://youtu.be/jV1elFEAxKY
"Halo Infinite Development Update" Tweet - August 11, 2020 - Halo (@Halo) https://twitter.com/Halo/status/1293261002037841920
"Everything You Need to Know about Xbox Series X and The Future of Xbox… So Far" Xbox Wire - June 10, 2020 https://news.xbox.com/en-us/2020/06/10/everything-you-need-to-know-about-the-future-of-xbox/
"You Are the Future of Gaming" Xbox Wire - July 16, 2020 https://news.xbox.com/en-us/2020/07/16/players-first-you-are-the-future-of-gaming/
"No Power? After Halo Infinite, Microsoft Changes its Message (VL273)" YouTube Video - July 28, 2020 - Hoeg Law https://youtu.be/cvqv7L7Pt3U
"Xbox Series X games no longer defined by technology, says Microsoft" The Guardian - July 27, 2020 - Keith Stuart https://www.theguardian.com/games/2020/jul/27/xbox-series-x-games-technology-matt-booty-microsoft
"Xbox Series X Launches this November with Thousands of Games Spanning Four Generations" Xbox Wire - August 11, 2020 https://news.xbox.com/en-us/2020/08/11/xbox-series-x-launching-with-thousands-of-games/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
With executive compensation questions springing up across many industries in 2020, it's no surprise that video game companies are seeing their fair share of the topic.
What is a bit more unexpected, however, is just how many shareholders appear fed up, at least at Electronic Arts.
EA didn't really want that much "say" in their "say on pay"...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/ay4V1T6F9rM
Discussed in this episode:
EA Investor Relations Page https://ir.ea.com/financial-information/sec-filings/default.aspx
EA Proxy Statement For 2020 Annual Meeting http://d18rn0p25nwr6d.cloudfront.net/CIK-0000712515/d8f39f1d-844e-4814-8375-1e1a52815759.pdf
"No One’s Forced To Work For Blizzard: The Hard Truth About Salaries (VL277)" YouTube Video - August 4, 2020 - Hoeg Law https://youtu.be/N45GQjGi5qs
CTW Letter (July 8, 2020) http://d18rn0p25nwr6d.cloudfront.net/CIK-0000712515/27f7d2fd-0ff8-449e-91c8-821bb1af17d3.pdf
Change to Win Webpage http://www.changetowin.org/
CtW Investment Group "Engagements" https://ctwinvestmentgroup.com/engagements-all/
EA Proxy Supplement - Proposal 2 (2020) http://d18rn0p25nwr6d.cloudfront.net/CIK-0000712515/04d407f3-803b-4b69-a446-e783aa556d4c.pdf
EA 2020 Annual Meeting Results http://d18rn0p25nwr6d.cloudfront.net/CIK-0000712515/38d97a8f-1e1f-4fa4-afe0-ca13ec840009.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
With WarnerMedia undergoing perhaps the most massive restructuring in its history, it's natural for folks to try to tease out just what "it all means".
But one thing it definitely doesn't mean? That WB Games is now off the market.
So let's dive into both problem reporting and the details of major acquisitions.
You either die a sold company or live long enough to...sit untouched during a massive restructuring... in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/avPbbwO7Eoc
Discussed in this episode:
"Will WB Games Really Be Sold? A Corporate Lawyer's View (VL247)" YouTube Video - June 16, 2020 - Hoeg Law https://youtu.be/hxPrQgunHNo
"Pressing Pause on Microsoft/WB Games Rumors (VL259)" YouTube Video - July 6, 2020 - Hoeg Law https://youtu.be/MrgotWNvLhs
"WB Games seemingly no longer for sale, a recent email to staff indicates." Tweet - August 9, 2020 - Shinobi602 (@shinobi602) https://twitter.com/shinobi602/status/1292505073705156608
"AT&T looks to have changed its mind about selling its gaming studios" Eurogamer - August 9, 2020 - Vikki Blake https://www.eurogamer.net/articles/2020-08-09-at-and-t-looks-to-have-changed-its-mind-about-selling-its-gaming-studios
"I can't emphasize enough how little that restructuring letter has to do with a potential acquisition." Tweet - August 9, 2020 - Richard Hoeg (@hoeglaw) https://twitter.com/HoegLaw/status/1292505410625298436
"AT&T may be keeping hold of Warner Bros. Interactive after all" PC Gamer - August 10, 2020 - Tom Sykes https://www.pcgamer.com/atandt-may-be-keeping-hold-of-warner-bros-interactive-after-all/
"WB Games Avoids Cuts After Parent Company Shakeup" GameRant - August 8, 2020 - Rory Young https://gamerant.com/wb-games-cuts-avoid-sale/
"Bob Greenblatt, Kevin Reilly Out Amid Major WarnerMedia Restructuring" The Hollywood Reporter - August 7, 2020, Lesley Goldberg, Natalie Jarvey https://www.hollywoodreporter.com/live-feed/bob-greenblatt-kevin-reilly-major-warnermedia-restructuring-1306486
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
The return of Dr. Disrespect to the world of video game streaming (on YouTube), was met with huge audiences, big money, and a heavy dose of theatricality.
It was also met with was speculation and judgment from places like Kotaku and Forbes, over just how so many could support someone...that they were given no reason not to.
Speculation is the mind-killer... in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/UfKjkt1PC3k
Discussed in this episode:
"Dr Disrespect Resumes Streaming To Over 500,000 Viewers And Plenty Of Questions" Kotaku - August 7, 2020 - Nathan Grayson https://kotaku.com/dr-disrespect-resumes-streaming-to-over-400-000-viewers-1844652373
"Dr Disrespect responds to speculation: 'We didn't do anything to warrant a ban'" PC Gamer - August 7, 2020 - Tyler Wilde https://www.pcgamer.com/dr-disrespect-responds-to-speculation-we-didnt-do-anything-to-warrant-a-ban/
"Twitch Bans Dr. Disrespect - A Legal Discussion" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy98pOuP1cC8o7nraoJEcmuG
"Dr Disrespect Gives Statement On Twitch Ban During His YouTube Return Stream" Forbes - August 7, 2020 - Paul Tassi https://www.forbes.com/sites/paultassi/2020/08/07/dr-disrespect-gives-statement-on-twitch-ban-during-his-youtube-return-stream/#56b80d55a68b
"Twitch Bans Dr. Disrespect - No News is NOT Bad News (VL260)" YouTube Video - July 7, 2020 - Hoeg Law https://youtu.be/tthpgRdlbgo
"Dr Disrespect officially returns to streaming" The Verge - August 6, 2020 - Bijan Stephen https://www.theverge.com/2020/8/6/21357550/dr-disrespect-streaming-youtube-facebook-return
"Interview: Dr Disrespect talks about his Twitch ban, the rumors, and his future" PC Gamer - Steven Messner https://www.pcgamer.com/interview-dr-disrespect-talks-about-his-twitch-ban-the-rumors-and-his-future/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
On August 6, 2020, the White House took the unusual step of banning certain transactions between American citizens and Chinese companies, not based on the overall nature of the companies, but on two of the applications they provide: TikTok and WeChat.
But while the prohibition on transactions with TikTok's parent company is broad and (relatively) easily understood, the prohibition on Tencent, owner of the WeChat application, is not.
And because Tencent also just happens to be the whole or partial owner of some of the most popular video games in the world (Fortnite, League of Legends, Clash of Clans, Valorant), well...that's why we have Virtual Legality.
You want Tencent? We'll give you two... in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/RJZM9jke-rM
Discussed in this episode:
"Trump bans dealings with Chinese owners of TikTok, WeChat" AP - August 7, 2020 - Tali Arbel https://apnews.com/719d8c83f689929c9c9d8c9aa5593fc8
"Executive Order Targeting Tencent Could Have Huge Effect On Games Industry" ScreenRant - August 7, 2020 - Bryan Lawver https://screenrant.com/executive-order-targeting-tencent-wechat-effect-games-industry/
"Tencent" Wikipedia Entry https://en.wikipedia.org/wiki/Tencent
"Trump's executive order to ban US individuals from doing business with Tencent will affect..." Tweet - August 6, 2020 - Ian MIles Cheong (@stillgray) https://twitter.com/stillgray/status/1291568516743573504
"Executive Order on Addressing the Threat Posed by WeChat" White House EO - August 6, 2020 https://www.whitehouse.gov/presidential-actions/executive-order-addressing-threat-posed-wechat/
"Executive Order on Addressing the Threat Posed by TikTok" White House EO - August 6, 2020 https://www.whitehouse.gov/presidential-actions/executive-order-addressing-threat-posed-tiktok/
50 USC 1701 https://www.law.cornell.edu/uscode/text/50/1701
"Presidential authorities" 50 USC 1702 https://www.law.cornell.edu/uscode/text/50/1702
50 USC 1621 https://www.law.cornell.edu/uscode/text/50/1621
"List of national emergencies in the United States" Wikipedia Entry https://en.wikipedia.org/wiki/List_of_national_emergencies_in_the_United_States
"Executive Order on Securing the Information and Communications Technology and Services Supply Chain" White House EO - May 15, 2019 https://www.whitehouse.gov/presidential-actions/executive-order-securing-information-communications-technology-services-supply-chain/
"Trump signs executive order to ban TikTok, WeChat" LA Times - August 6, 2020 - Wendy Lee, Sam Dean https://www.latimes.com/politics/story/2020-08-06/trump-signs-executive-order-to-ban-tiktok
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
In losing its case to prevent 72+ individuals from bringing arbitration claims against it, Patreon has found itself in the unenviable position of having to bear enormous legal costs to defend what it no doubt sees as frivolous claims. But Patreon is not the only company with such exposure.
And since one of the biggest (Twitch) just recently riled up an even bigger fan base when it elected to ban Dr. Disrespect, there can be no question that both Twitch and the Disrespect team are following the case closely.
What does it all mean? Let's dive in.
The only place you'll find the "Patreon Difficulty Bucket" is in...Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/IIbqnXILYHw
Discussed in this episode:
"Dr. Disrespect and the Secret of Frivolous Arbitration (w/ Patreon)(VL264)" YouTube Video - July 14, 2020 - Hoeg Law https://youtu.be/QLInmrcf83M
"Patreon v Ayure" July 29, 2020 - Denial of Injunction https://www.cernovich.com/wp-content/uploads/2020/07/29.07.2020-Denial-of-Preliminary-Injunction.pdf
"Arbitration agreements: enforcement." SB-707 (CA - Effective January 1, 2020) https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB707
"California Code, Code of Civil Procedure - CCP § 1284.3" https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-1284-3.html
Patreon Terms of Use Effective July 1, 2020 https://www.patreon.com/policy/legal
"Consumer Arbitration Minimum Standards" JAMS Website - Updated July 15, 2009 https://www.jamsadr.com/consumer-minimum-standards/
Twitter Terms of Service Effective June 18, 2020 https://twitter.com/en/tos
YouTube Terms of Service Effective December 10, 2019 https://www.youtube.com/static?template=terms
Facebook Terms of Service Effective July 31, 2019 https://www.facebook.com/terms.php
Ubisoft Terms of Use Effective May 12, 2020 https://legal.ubi.com/termsofuse/en-US
Twitch Terms of Service Effective May 29, 2020 https://www.twitch.tv/p/legal/terms-of-service/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Bloomberg (and reporter Jason Schreier) have reported on a "Wage Revolt" at Activision Blizzard subsidiary Blizzard Entertainment. But is it really less than meets the eye?
And what can we take from this to talk about labor markets, wages, rock star industries (and companies), and compensation in general.
The laws of economics can't be broken...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/N45GQjGi5qs
Discussed in this episode:
"Blizzard Workers Share Salaries in Revolt Over Wage Disparities" Bloomberg - August 3, 2020 - Jason Schreier https://www.bloomberg.com/news/articles/2020-08-03/blizzard-workers-share-salaries-in-revolt-over-wage-disparities
"Virtual Legality #14 - Securities Law, Executive Compensation, and Activision (Hoeg Law)" YouTube Video - January 14, 2019 - Hoeg Law https://youtu.be/xtI_FsOvLu8
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
With Microsoft's Xbox Series X and Sony's PlayStation 5 (PS5) taking wildly different approaches to revenue generation, it's no surprise that the messaging of the two companies has now diverged almost completely.
But with Sony pursuit of a "walled garden" strategy (the previous industry standard), what used to be commonplace is starting to look quite a bit less consumer friendly.
Because when you're selling access, your average Spider-Man, no matter how friendly, has to be very particular about what neighborhood he frequents (and what controller he plays with)...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/bQxhEWnIzK0
Discussed in this episode:
"Avengers’ Spider-Man will be exclusive to PlayStation, according to a pulled retail listing" VGC - August 2, 2020 - Andy Robinson https://www.videogameschronicle.com/news/avengers-spider-man-will-be-exclusive-to-playstation-according-to-a-pulled-retail-listing/
"Launch is Just The Beginning for Earth’s Mightiest Heroes" PlayStation Blog - June 10, 2019 https://blog.playstation.com/2019/06/10/marvels-avengers-revealed-at-square-enix-live-e3-2019/
"Online retailer says Spider-Man will be exclusively playable in the PS4 version of Marvel's Avengers" Reddit Thread - August 1, 2020 https://www.reddit.com/r/GamingLeaksAndRumours/comments/i1kov7/online_retailer_says_spiderman_will_be/
Joint Development Agreement (Sample) https://www.sec.gov/Archives/edgar/data/1143301/000119312511294675/d219137dex1022.htm
"A PlayStation Exclusive Spider-Man In ‘Avengers’ Would Just Make Everyone Mad" Forbes - August 3, 2020 - Paul Tassi https://www.forbes.com/sites/paultassi/2020/08/03/a-playstation-exclusive-spider-man-in-avengers-would-just-make-everyone-mad/#5dd78e6d7c39
"Microsoft confirms Halo Infinite multiplayer will be free-to-play and up to 120fps" The Verge - July 31, 2020 (updated) - Tom Warren https://www.theverge.com/2020/7/31/21349236/halo-infinite-multiplayer-free-to-play-120fps-rumors
"343 shoots down the rumor that Halo Infinite will launch without multiplayer" PC Gamer - Wes Fenlon https://www.pcgamer.com/343-shoots-down-the-rumor-that-halo-infinite-will-launch-without-multiplayer/
"PlayStation 5: Answering your questions on compatible PS4 peripherals & accessories" PlayStation Blog Post - August 3, 2020 https://blog.playstation.com/2020/08/03/playstation-5-answering-your-questions-on-compatible-ps4-peripherals-accessories/
"Xbox Series X: Making Gaming’s Best Controller Even Better" Xbox News Wire - March 16, 2020 https://news.xbox.com/en-us/2020/03/16/xbox-series-x-controller/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
President Trump sent waves across social media and journalistic outlets with a simple tweet ending with "Delay the Election until people can properly, securely and safely vote?".
But while the wording of the law(s) preventing such Presidential action seem clear in black and white, the continuing erosion of the rule of (and respect for) law here in Anno 2020 (precipitated by State Governors and Supreme Court as well as by the President), makes clear that the question is a far more dangerous one than is being reported.
We always give everyone (including the devil) the benefit of the law...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/YtF-GwcXdIs
Discussed in this episode:
"Delay the Election until people can properly, securely and safely vote???" Tweet - July 30, 2020 - Donald J. Trump (@realDonaldTrump) https://twitter.com/realDonaldTrump/status/1288818160389558273
"Trump floats delaying election despite lack of authority to do so" CNN - July 30, 2020 https://www.cnn.com/2020/07/30/politics/trump-delay-election-no-authority/
"Trump floats November election delay - but he can’t do that" AP - July 30, 2020 https://apnews.com/d203eaa406dc5e7362dfa9e33522195e
US Constitution Article II, Section 1 https://www.law.cornell.edu/constitution/articleii
"Time of appointing electors" 3 USC 1 https://www.law.cornell.edu/uscode/text/3/1
US Constitution 20th Amendment https://www.law.cornell.edu/constitution/amendmentxx
"Gov. Whitmer to allow Detroit casinos to partially reopen, reimposes restrictions Up North" Fox 2 News Detroit - July 29, 2020 https://www.fox2detroit.com/news/gov-whitmer-to-allow-detroit-casinos-to-partially-reopen-reimposes-restrictions-up-north
US Constitution 1st Amendment https://www.law.cornell.edu/constitution/first_amendment
"SOUTH BAY UNITED PENTECOSTAL CHURCH, ET AL. v. GAVIN NEWSOM, GOVERNOR OF CALIFORNIA, ET AL" Denial of Injunctive Relief - SCOTUS - May 29, 2020 https://www.politico.com/f/?id=00000172-63d3-d268-a7ff-73dfc1460000
"CALVARY CHAPEL DAYTON VALLEY v. STEVE SISOLAK, GOVERNOR OF NEVADA, ET AL." Denial of Injunctive Relief - SCOTUS - July 24, 2020 https://www.supremecourt.gov/opinions/19pdf/19a1070_08l1.pdf
"Gretchen Whitmer: What if Trump Made Everyone Wear Masks?" New York Times - July 22, 2020 https://www.nytimes.com/2020/07/22/opinion/gretchen-whitmer-trump-coronavirus-masks.html
"A Man for All Seasons" (1966) Quote ("Arrest him!...") - Wikiquote Page https://en.wikiquote.org/wiki/A_Man_for_All_Seasons_(1966_film)
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
With Microsoft's Xbox Series X messaging faltering, one might think that Sony and its PlayStation 5 (PS5) console would have an easy time establishing its value proposition.
But with only one major game (Spider-Man Miles Morales) even scheduled for launch, what does it mean when your company can't (or won't) explain whether that one thing is a sequel, remaster, expansion, enhancement, or standalone product.
And what does it mean for the competition?
With Great Enhancements, Comes Great Responsibility...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/iZw8ez0bjYI
Discussed in this episode:
"The Messaging Disaster of Microsoft's Xbox Series X Showcase (VL271)" YouTube Video - July 24, 2020 - Hoeg Law https://youtu.be/jV1elFEAxKY
"No Power? After Halo Infinite, Microsoft Changes its Message (VL273)" YouTube Video - July 28, 2020 - Hoeg Law https://youtu.be/cvqv7L7Pt3U
"PlayStation 5 revealed, great new PS5 games, and takeaways from today's PS5 showcases." PlayStation Blog - June 11, 2020 https://blog.playstation.com/2020/06/11/ps5-showcase-recap-everything-you-need-to-know/
"Still waiting on price and date of course, but as of this afternoon, I am a hard [Xbox] lean." Tweet - June 11, 2020 - Richard Hoeg (@HoegLaw) https://twitter.com/HoegLaw/status/1271194215356268548
“Now it’s your turn, go be a hero Miles.” Tweet - June 12, 2020 - IGN (@IGN) https://twitter.com/IGN/status/1271299022821736448
"Spider-Man Miles Morales is an ‘expansion and enhancement to the original’, Sony clarifies" VGC - June 11, 2020 https://www.videogameschronicle.com/news/spider-man-miles-morales-is-a-remaster-and-expansion-sony-clarifies/
"Sins of Omission? PS5, Spider-Man, and Miles Morales (VL245)" YouTube Video - June 12, 2020 - Hoeg Law https://youtu.be/L4dLznjx4DY
"It appears to be a remaster with bonus..." Tweet - June 12, 2020 - Richard Hoeg (@HoegLaw) https://twitter.com/HoegLaw/status/1271453718446252035
"Xbox Series X: Buy A Game Once and Play the Best Version Across Generations with Smart Delivery" Microsoft Wire - June 15, 2020 https://news.xbox.com/en-us/2020/06/15/what-is-smart-delivery-xbox-series-x/
"Marvel's Spider-Man: Miles Morales is the next adventure in the Marvel's Spider-Man universe." Tweet - June 12, 2020 - Insomniac Games (@insomniacgames) https://twitter.com/insomniacgames/status/1271468232881422336
"Insomniac confirms Spider-Man: Miles Morales is a standalone PS5 game" The Verge - June 12, 2020 - Chaim Gartenberg https://www.theverge.com/2020/6/12/21289299/insomniac-spider-man-miles-morales-standalone-ps5-game
"Spider-Man: Miles Morales Isn't a Sequel, But a Smaller Standalone Game" IGN - June 15, 2020 - Joe Skrebels https://www.ign.com/articles/ps5-spider-man-miles-morales-expansion-not-sequel
"Marvel's Spider-Man: Miles Morales Reportedly Includes PS5 Remaster of PS4's Spider-Man" Comic Book - July 27, 2020 - Tyler Fischer https://comicbook.com/gaming/news/marvels-spider-man-miles-morales-ps5-ps4-remaster/
"This Halo Infinite screenshot looks bad, but at least it's honest" PC Gamer - July 23, 2020 - Tyler Wilde https://www.pcgamer.com/this-halo-infinite-screenshot-looks-bad-but-at-least-its-honest/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
In one of the more surprising twists of this early next generation console war, the lackluster response to Microsoft's crown jewel, Halo Infinite, appears to have caused the tech giant to reconsider its entire approach to marketing the shiny new Xbox Series X.
But what's GamePass got to do with it? As it turns out, everything.
Power? Where we're going we apparently don't need power...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/cvqv7L7Pt3U
Discussed in this episode:
"Xbox Series X games no longer defined by technology, says Microsoft" The Guardian - July 27, 2020 - Keith Stuart https://www.theguardian.com/games/2020/jul/27/xbox-series-x-games-technology-matt-booty-microsoft
"You Are the Future of Gaming" Xbox Wire - July 16, 2020 https://news.xbox.com/en-us/2020/07/16/players-first-you-are-the-future-of-gaming/
"Xbox Series X: Embrace the Full Power of the Console with Games Optimized for Xbox Series X" Xbox Wire - June 25, 2020 https://news.xbox.com/en-us/2020/06/25/xbox-series-x-full-power-of-console-games-optimized/
"Xbox Series X: The Most Powerful and Compatible Next-Gen Console with Thousands of Games at Launch" Xbox Wire - May 28, 2020 https://news.xbox.com/en-us/2020/05/28/xbox-series-x-next-generation-backward-compatibility/
"What You Can Expect From the Next Generation of Gaming" Xbox Wire - February 24, 2020 https://news.xbox.com/en-us/2020/02/24/what-you-can-expect-next-generation-gaming/
"The Messaging Disaster of Microsoft's Xbox Series X Showcase (VL271)" YouTube Video - July 24, 2020 - Hoeg Law https://youtu.be/jV1elFEAxKY
"Halo Infinite Gameplay Trailer Analysis: Are The Graphics Really 'Flat'...?" YouTube Video - July 25, 2020 - Digital Foundry https://youtu.be/KnQd6W9BxLg
"Xbox Game Pass is Microsoft’s true next-gen Xbox." Tweet - July 24, 2020 - Tom Warren (@tomwarren) https://twitter.com/tomwarren/status/1286653604955381761
"XBOX GAME PASS IS MICROSOFT’S TRUE NEXT-GEN XBOX" The Verge - July 24, 2020 - Tom Warren https://www.theverge.com/2020/7/24/21336892/microsoft-xbox-series-x-game-pass-event-showcase-future
Phil Spencer Twitter Profile As of July 28, 2020 https://twitter.com/XboxP3
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Nintendo certainly keeps a clean digital house, as apparent hackers discovered and revealed to the world in this past weekend's "gigaleak".
But while seeing early stage prototypes (and source code!) for Super Mario, Yoshi's Island, Pokemon, Star Fox, Zelda, and more can be cool for industry fans and preservationists alike, the leak itself raises questions about law, IP theft, copyright infringement, and the state of gaming that are well worth a deeper dive.
We hate leaking, but we love to talk about the leaks...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/vFzA7t1mjoo
Discussed in this episode:
"[Virtual Legality] inbound?" Tweet - July 26, 2020 - S-1 (@Somebodyfoil) https://twitter.com/Somebodyfoil/status/1287412521389961218
"Alleged Nintendo "gigaleak" reveals eye-opening prototypes for Yoshi's Island, Super Mario Kart, Star Fox 2 and more" EuroGamer - July 25, 2020 - Wesley Yin-Poole https://www.eurogamer.net/articles/2020-07-25-alleged-nintendo-gigaleak-reveals-eye-opening-prototypes-for-yoshis-island-super-mario-kart-star-fox-2-and-more
"UPDATE: Super Mario 64 and OoT Source Leaked, Massive Nintendo Data Leak...Source Code to Yoshi's Island, A Link to the Past, F-Zero and more" ResetERA Thread - July 24, 2020 https://www.resetera.com/threads/update-super-mario-64-and-oot-source-leaked-massive-nintendo-data-leak-source-code-to-yoshis-island-a-link-to-the-past-f-zero-and-more.254724/
"Last of Us Leak Legalities" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-ULKii2yP9AY-Emo1_G8xN
"I’ve been thinking about what to say about the public posting of proprietary intellectual property." Tweet - July 26, 2020 Cheesemeister (@Cheesemeister3k) https://twitter.com/Cheesemeister3k/status/1287340177107509249
"Exclusive rights in copyrighted works" 17 USC 106 https://www.law.cornell.edu/uscode/text/17/106
"Limitations on exclusive rights: Fair use" 17 USC 107 https://www.law.cornell.edu/uscode/text/17/107
"Lawsuit! Are Digital Libraries Actually Copyright Pirates? (VL239)" YouTube Video - June 3, 2020 - Hoeg Law https://youtu.be/X9P_0bYcmi8
"Square Enix Committed To Making Its Complete Library Available Digitally" Game Informer - June 12, 2019 - Kimberley Wallace https://www.gameinformer.com/e3-2019/2019/06/12/square-enix-committed-to-making-its-complete-library-available-digitally
"Virtual Legality #53 - No, "Games as a Service" Isn't Fraud: A Response to Accursed Farms (Hoeg Law)" YouTube Video - May 1, 2019 - Hoeg Law https://youtu.be/yndkAmqjs0o
"Virtual Legality - "Games as a Service" and Fraud: A Conversation with Ross Scott (Accursed Farms)" YouTube Video - May 3, 2019 - Hoeg Law https://youtu.be/yt2ar78R28o
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Microsoft's year of strong, focused messaging came to end like the seasons of so many sports teams: quick, inexplicable, and with more questions raised than answers.
Just how many ways did Microsoft lose the plot in their big blow out showcase? Honestly, we couldn't even fit them all in this video.
Can you even call it a console war if no one wants to win?
We want every game, every system, and every player to be great...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/jV1elFEAxKY
Discussed in this episode:
Xbox Series X Website https://www.xbox.com/en-US/consoles/xbox-series-x
"How to watch today’s Xbox Series X game showcase" The Verge - July 23, 2020 https://www.theverge.com/2020/7/23/21328668/xbox-series-x-games-event-watch-live-stream-time-date
"Xbox Games Showcase [ENGLISH]" YouTube Video - July 23, 2020 - Xbox https://youtu.be/fjS3EHKWPxY
"When I talk about good messaging, this is exactly what I mean." Tweet - July 16, 2020 - Richard Hoeg (@HoegLaw) https://twitter.com/HoegLaw/status/1283805210574495745
"You Are the Future of Gaming" Xbox News Wire - July 16, 2020 https://news.xbox.com/en-us/2020/07/16/players-first-you-are-the-future-of-gaming/
"“All of our games… will play up and down that family of devices” – Xbox’s Matt Booty ends the next-gen exclusive as we know it" MCVUK - January 10, 2020 - Seth Barton https://www.mcvuk.com/business-news/we-need-to-deliver-on-the-promises-that-we-make-xbox-game-studios-matt-booty-on-the-future-of-xbox/
"Microsoft walks back promise to make all of its initial Xbox Series X games cross-gen" Tweet - July 23, 2020 - Kotaku https://twitter.com/Kotaku/status/1286379806725222400
"Future 1P titles are developed for Xbox Series X first." Tweet - July 23, 2020 - Aaron Greenberg https://twitter.com/aarongreenberg/status/1286400274660089856
"Microsoft Sends Mixed Signals About Cross-Gen Exclusives" Kotaku - July 23, 2020 - Ethan Gach https://kotaku.com/microsoft-walks-back-promise-to-make-its-games-cross-ge-1844484364
Everwild Webpage (Rare) https://www.rare.co.uk/games/everwild
"Rare hasn’t discussed Everwild much ‘because it’s still playing around with gameplay ideas’" VGC Website - July 21, 2020 - Tom Ivan https://www.videogameschronicle.com/news/rare-hasnt-discussed-everwild-much-because-its-still-playing-around-with-gameplay-ideas/
"Halo Infinite May Be The Last Halo Game - IGN Daily Fix" YouTube Video - July 23, 2020 - IGN https://youtu.be/OK11m98Q8g8
"Virtual Legality #13 - Realizing Their Destiny: Bungie splits from Activision (Hoeg Law)" YouTube Video - January 10, 2019 - Hoeg Law https://youtu.be/hrKPN5TqFXA
""We're far from Holiday?" No, you're not." Tweet - July 24, 2020 - Richard Hoeg (@HoegLaw) https://twitter.com/HoegLaw/status/1286655955728576512
"Microsoft: No Internet? We have a product called the Xbox 360" CNET - June 12, 2013 - Nick Hide https://www.cnet.com/news/microsoft-no-internet-we-have-a-product-called-the-xbox-360/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
With Twitch's Dr. Disrespect saga stretching into another week, we reflect on just how much is "out of your hands" when it comes to high stakes negotiations, contracts, and the law.
Words on a page are important, but they don't control behavior...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/sPAii_4pxlU
Discussed in this episode:
"Twitch Bans Dr. Disrespect - A Legal Discussion" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy98pOuP1cC8o7nraoJEcmuG
[Dr Disrespect Tweet] July 16, 2020 -Dr Disrespect (@drdisrespect) https://twitter.com/drdisrespect/status/1283822525525311488
"You know, I've never had a client say "I'm listening to my lawyers/advisors" in music video form before." Tweet - July 16, 2020 - Hoeg Law https://twitter.com/HoegLaw/status/1283831270808735744
"General Court Process for Civil and Domestic Relations Cases" Michigan Courts Webpage https://courts.michigan.gov/self-help/center/general-information/pages/general-civil-process.aspx
"Who Can Sue or Be Sued" 19th Judicial Circuit Court (IL) Webpage https://19thcircuitcourt.state.il.us/1902/Who-Can-Sue-or-Be-Sued
Demand Letter Form Eforms https://eforms.com/images/2018/04/Breach-of-Contract-Demand-Letter.png
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Twitter has announced a sweeping ban and suppression campaign of all accounts and information which it determines (through metrics unknown) to be associated with the "QAnon" conspiracy group, regardless of whether such accounts are individually in breach of Twitter's terms of service.
But with such a sweeping action, questions inevitably arise:
Can such an action ever be effective?
Who's watching the watchers, especially when it comes to identifying the "associates" to be blacklisted?
And just what is the likely result of such actions on the debate around CDA Section 230 and its liability shield for Big Tech platforms?
But then again, perhaps even asking those questions might just get you Twitter banned.
We'll never mind losing a battle of ideas, but it's the battle we will forever fight for...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/mOIeuz__W4g
Discussed in this episode:
"We’ve been clear that we will take strong enforcement action on behavior that has the potential to lead to offline harm." Twitter Thread - July 21, 2020 - Twitter Safety (@TwitterSafety) https://twitter.com/TwitterSafety/status/1285726277719199746
"Twitter bans 7,000 QAnon accounts, limits 150,000 others as part of broad crackdown" NBC News - July 21, 2020 - Ben Collins and Brandy Zadrozny https://www.nbcnews.com/tech/tech-news/twitter-bans-7-000-qanon-accounts-limits-150-000-others-n1234541
"Platform manipulation and spam policy" Twitter Help Center (Updated September 2019) https://help.twitter.com/en/rules-and-policies/platform-manipulation
"Abusive behavior" Twitter Help Center https://help.twitter.com/en/rules-and-policies/abusive-behavior
Google Trending Searches July 22, 2020 - USA https://trends.google.com/trends/trendingsearches/daily?geo=US
"Streisand effect" Wikipedia Entry https://en.wikipedia.org/wiki/Streisand_effect
"Section 230 Executive Order! A Lawyer Reviews Trump's Plan (Draft) (VL237)" YouTube Video - May 28, 2020 - Hoeg Law https://youtu.be/tTThb2Y9Fh8
"Section 230 Executive Order SIGNED! A Lawyer Re-Reviews Trump's Plan (VL238)" YouTube Video - May 28, 2020 - Hoeg Law https://youtu.be/gmBGFVUjCaI
"Protection for private blocking and screening of offensive material" 47 USC 230 (CDA Section 230) https://www.law.cornell.edu/uscode/text/47/230
"Joe Biden Wants to Break the Internet (and Video Games) (VL160)" YouTube Video - January 20, 2020 - Hoeg Law https://youtu.be/YcpRlkIJ-gk
"Transparency is core to everything that we do at Twitter." Tweet - June 11, 2020 - Twitter Safety (@TwitterSafety) https://twitter.com/TwitterSafety/status/1271186244010151941
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
With allegation after allegation (and scandal after scandal) coming out across gaming and gaming adjacent industries, many are inclined to try their hand at one of the oldest journalistic forms: the expose.
But in the latest such example on gaming giant Ubisoft reported by Bloomberg Businessweek and regular (unwitting) contributor to Virtual Legality, Jason Schreier, we can't help but feel that they've missed the forest for the trees.
It's a harder and more important question we pose...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/2moGCpKz-qY
CHAPTERS 00:00 Introduction 3:50 Overview 9:01 Ubisoft's Response 14:33 A Litany of Allegations 26:53 Bad People Make Bad Business Decisions? 39:36 Conclusion
Discussed in this episode:
"Ubisoft Family Accused of Mishandling Sexual Misconduct Claims" Bloomberg Businesweek - July 21, 2020 - Jason Schreier https://www.bloomberg.com/news/articles/2020-07-21/ubisoft-sexual-misconduct-scandal-harassment-sexism-and-abuse
"Kassandra Was Supposed to Be Assassin's Creed Odyssey's Only Protagonist" Kotaku UK - July 21, 2020 - Alistar Jones https://www.kotaku.co.uk/2020/07/21/kassandra-was-supposed-to-be-assassins-creed-odysseys-only-protagonist
"Hoeg Law Game of the Year 2018: #1 - Assassin's Creed Odyssey" YouTube Video - December 24, 2018 - Hoeg Law https://youtu.be/RDDFVH_NlVs
"Right now it's two-thirds Alexios and one-third Kassandra" Destructoid - December 14, 2018 - Chris Carter https://www.destructoid.com/assassin-s-creed-odyssey-director-surprised-at-alexios-kassandra-usage-split-535187.phtml
"UBISOFT REPORTS FULL-YEAR 2019-20 SALES AND EARNINGS FIGURES" Global News Wire - May 14, 2020 - Ubisoft https://www.globenewswire.com/news-release/2020/05/14/2033699/0/en/UBISOFT-REPORTS-FULL-YEAR-2019-20-SALES-AND-EARNINGS-FIGURES.html
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
On June 30, 2020, China enacted "The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region" (the "National Security Law") ostensibly to help safeguard the national security of Hong Kong.
But the law's effects are significant, its application ambiguous, and its breadth far reaching.
It's time for a legal deep dive.
A blizzard of chilling effects can't chill us...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/mXdUHlWMlPI
CHAPTERS 00:00 Introduction 2:01 The Hong Kong National Security Law 5:20 Overview (Article 1) 6:43 Secession 8:46 Subversion 12:09 Collusion 19:13 The Liability of Assistance 21:10 Corporate Licenses on the Line 22:33 Secret Courts and Extraterritorial Jurisdiction 25:30 On the NBA 27:27 Conclusion
Discussed in this episode:
"A Blizzard of Backlash" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9jfV0TCfXZGAc1KiKP9dSC
""Blizzard has removed Blitzchung from Grandmasters and banned him from competing in Hearthstone following his on-stream Hong Kong protest" Inven Global - October 7, 2019 - Tom Matthiesen" https://www.invenglobal.com/articles/9254/blizzard-has-removed-blitzchung-from-grandmasters-and-banned-him-from-competing-in-hearthstone-following-his-on-stream-hong-kong-protest
"In full: Official English translation of the Hong Kong national security law" Hong Kong Free Press - July 1, 2020 https://hongkongfp.com/2020/07/01/in-full-english-translation-of-the-hong-kong-national-security-law/
"The President’s Executive Order on Hong Kong Normalization" July 14, 2020 - President Donald Trump https://www.whitehouse.gov/presidential-actions/presidents-executive-order-hong-kong-normalization/
"The Sedition Act of 1798" House of Representatives History Website https://history.house.gov/Historical-Highlights/1700s/The-Sedition-Act-of-1798
"NBA Halts Personalizing of Apparel Following 'FreeHongKong' Controversy" VOA News - July 16, 2020 - Legu Zhang https://www.voanews.com/east-asia-pacific/voa-news-china/nba-halts-personalizing-apparel-following-freehongkong-controversy
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
The Dead Speak! Or at least, Dr. Disrespect does, in early morning interviews simultaneously published by the Washington Post and PC Gamer. But while many words were printed and much (metaphorical, digital) ink spilled, not a whole lot was said.
But that doesn't mean there isn't a whole lot to discuss.
Sometimes the client just wants to say something...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/8cvaLHq5Spc
Discussed in this episode:
"Dr Disrespect is speaking again" Washington Post/Launcher - July 16, 2020 - Noah Smith https://www.washingtonpost.com/video-games/2020/07/16/dr-disrespect-is-speaking-again/
"Twitch Bans Dr. Disrespect - A Lawyer's Take On What We Know (VL254)" YouTube Video - June 29, 2020 - Hoeg Law https://youtu.be/wfgiEiefZ2E
"Twitch Bans Dr. Disrespect - No News is NOT Bad News (VL260)" YouTube Video - July 7, 2020 - Hoeg Law https://youtu.be/tthpgRdlbgo
"Dr. Disrespect and the Secret of Frivolous Arbitration (w/ Patreon)(VL264)" YouTube Video - July 14, 2020 - Hoeg Law https://youtu.be/QLInmrcf83M
"Interview: Dr Disrespect talks about his Twitch ban, the rumors, and his future" PC Gamer - July 16, 2020 - Steven Messner https://www.pcgamer.com/interview-dr-disrespect-talks-about-his-twitch-ban-the-rumors-and-his-future/
"That's what I got from this interview." Tweet - July 16, 2020 - Michael (@LegacyKillaHD) https://twitter.com/LegacyKillaHD/status/1283744317362917376
"Something I'm sure [Hoeg Law] will find super interesting for #virtuallegality!" Tweet - July 16, 2020 - Alyna/FemmeFox (@FemmeFox) https://twitter.com/FemmeFox/status/1283759626731880450
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
We've seen a lot of gamers upset about a lot of things here in Virtual Legality, from those protesting the very existence of Games-as-a-Service to those protesting the language of terms documents or license agreements from Ubisoft, EA, Twitch, YouTube, and more.
But what we haven't seen before is a community donning the makeup and apparel of the clown to put the spotlight on their issue.
That all changed with Red Dead Redemption Online over these past few days.
It's about time someone utilized clowns...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/oBinJ439Vg8
Discussed in this episode:
"Red Dead Online fans are dressing up as clowns to protest Rockstar" Polygon - July 14, 2020 - Patricia Hernandez https://www.polygon.com/2020/7/14/21324337/red-dead-online-redemption-2-rockstar-clown-protest-discord-circus
"207 DAYS ROCKSTAR..." Tweet - July 7, 2020 - AustinBMX (@AustinBMX155) https://twitter.com/AustinBMX155/status/1280628941665914881
Rockstar Terms of Service Updated July 11, 2019 https://www.rockstargames.com/legal
"Virtual Legality #46 - Epic's Exclusive Problem: Borderlands 3, Review Bombs, and Steam's Response" YouTube Video - April 8, 2019 - Hoeg Law https://youtu.be/It_P1KYyC80
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
With all still quiet from both Twitch and Dr. Disrespect in respect of his ban, many have been left to wonder what anyone can do about the situation.
While the options may be limited, a very specific set of California laws may prove quite problematic for all sorts of California tech giants from Patreon to Twitch, as we dive into the strange arbitration cases of Owen Benjamin and DoorDash.
We can't recommend frivolous actions, but California has certainly seemed to open the door to them...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/QLInmrcf83M
Discussed in this episode:
"Alt-right comedian asked his fans to sue Patreon. It backfired" Daily Dot - July 6, 2020 - Claire Goforth https://www.dailydot.com/debug/patreon-suing-owen-benjamin-fans/
"The Patreon Lawsuit Involving Owen Benjamin Explained by a Lawyer" Cernovich Website - July 13, 2020 https://www.cernovich.com/patreon-lawsuit-owen-benjamin/
"Emails from [Twitch] have began arriving..." Twitter - July 14, 2020 - Modern Warzone (@ModernWarzone) https://twitter.com/ModernWarzone/status/1276693332975108096
"Arbitration agreements: enforcement." SB-707 (CA - Effective January 1, 2020) https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB707
"JAMS Streamlined Arbitration Rules & Procedures" JAMS Website - Updated July 1, 2014 https://www.jamsadr.com/rules-streamlined-arbitration/
"Be Careful What You Wish For: California Federal Judge Compels DoorDash to Conduct – and Pay for – More Than 5,000 Individual Arbitrations" Epstein Becker Green - February 13, 2020 https://www.wagehourblog.com/2020/02/articles/california-wage-hour-law/be-careful-what-you-wish-for-california-federal-judge-compels-doordash-to-conduct-and-pay-for-more-than-5000-individual-arbitrations/
Patreon Terms of Use Effective July 1, 2020 https://www.patreon.com/policy/legal
"Validity, irrevocability, and enforcement of agreements to arbitrate" 9 USC 2 https://www.law.cornell.edu/uscode/text/9/2
"Arbitration Schedule of Fees and Costs" JAMS Website https://www.jamsadr.com/arbitration-fees
"Consumer Arbitration Minimum Standards" JAMS Website - Updated July 15, 2009 https://www.jamsadr.com/consumer-minimum-standards/
"JAMS Clause Workbook" JAMS Website https://www.jamsadr.com/clauses/
"California Code, Code of Civil Procedure - CCP § 1284.3" https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-1284-3.html
Twitch Terms of Service Updated May 29, 2020 https://www.twitch.tv/p/legal/terms-of-service/
Abernathy v DoorDash District Court Order - February 10, 2020 https://www.wagehourblog.com/files/2020/02/Abernathy-v.-Doordash-Order-compelling-more-than-5000-individual-arbitrations-to-proceed.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Sony Corporation has invested $250M in Epic Games! But all indications are that the multinational media giant doesn't intend for that investment to relate solely to its gaming division.
So what does Sony's "Strategic Investment" really mean, and why does Fortnite feature so prominently in both companies' futures?
The only place to find a $250M mixer cover charge is...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/0AyjUSTSFQ4
Discussed in this episode:
"Epic Games Receives Strategic Investment from Sony Corporation" Epic/Sony joint press release - July 9, 2020 https://www.businesswire.com/news/home/20200709005844/en/Epic-Games-Receives-Strategic-Investment-Sony-Corporation
"What is the definition of "strategic investment"?" Quora Answers https://www.quora.com/What-is-the-definition-of-strategic-investment
"Strategic Investment Examples" Gaebler Resources for Entrepreneurs https://www.gaebler.com/Strategic-Investment-Examples.htm
"Quick thread on Sony and Epic deal..." Tweet - July 9, 2020 - Daniel Ahmad (@ZhugeEX) https://twitter.com/ZhugeEX/status/1281368571902402560
"Epic Games' Valuation Around $17B After $750M Funding Round" Sports Business Daily - June 17, 2020 https://www.sportsbusinessdaily.com/Daily/Issues/2020/06/17/Finance/Epic.aspx
"Epic Games" NC Business Entity Search https://www.sosnc.gov/online_services/search/Business_Registration_Results
"Epic Games MD Business Entity Search https://egov.maryland.gov/BusinessExpress/EntitySearch/Business
"Board Observer vs. Board Member" VC Adventure - January 18, 2005 https://www.sethlevine.com/archives/2005/01/board-observer-vs-board-member.html
"Fortnite and Travis Scott in "The Metaverse": Fraction of the Future (VL211)" YouTube Video - April 27, 2020 - Hoeg Law https://youtu.be/rU5lSqMM4YQ
"'Fortnite' virtual rap concert draws record 12.3M attendees" Mobile Marketer - April 27, 2020 https://www.mobilemarketer.com/news/fortnite-virtual-rap-concert-draws-record-123m-attendees/576781/
"List of assets owned by Sony" Wikipedia Entry https://en.wikipedia.org/wiki/List_of_assets_owned_by_Sony#Subsidiaries_and_affiliates_by_business_segment
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
With 2K announcing a retail price point of $70 for its NBA2K series on Microsoft's Xbox Series X and Sony's PlayStation 5 (PS5), next generation gaming prices would appear to be looking at a pretty significant increase.
But while, as Ars Technica explains, such an increase may be a long time in coming, there are a number of other factors to be considered.
Supply and Demand curves regularly meet...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/yMh1fZTaiYk
Discussed in this episode:
"2K breaks gaming’s de facto $60 ceiling, asks $70 for next-gen NBA 2K21" Ars Technica - July 2, 2020 - Kyle Orland https://arstechnica.com/gaming/2020/07/will-nba-2k21s-70-price-set-a-new-next-gen-console-standard/
"The return of the $70 video game has been a long time coming" Ars Technica - July 9, 2020 - Kyle Orland https://arstechnica.com/gaming/2020/07/the-return-of-the-70-video-game-has-been-a-long-time-coming/
"I'm somewhat bemused at this being presented as a dichotomy." Tweet - July 9, 2020 - Richard Hoeg (@HoegLaw) https://twitter.com/HoegLaw/status/1281206521423069192
"Breakdown of U.S. computer and video game sales from 2009 to 2017, by delivery format" Statista (through 2018) https://www.statista.com/statistics/190225/digital-and-physical-game-sales-in-the-us-since-2009
"Millions of customers will now pay more for Netflix—here’s how much" Ars Technica - January 15, 2019 - Valentina Palladino https://arstechnica.com/gadgets/2019/01/netflix-issues-biggest-price-hike-yet-most-popular-plan-now-costs-13-monthly/
"AAA Video Games Can Drop From $60 to $30 in Just 1 Month" Deal News Website https://www.dealnews.com/features/AAA-Video-Games-Can-Drop-From-60-to-30-in-Just-1-Month/1284484.html
"PlayStation Plus Free Games For July Available Today, With Two Bonuses" Forbes - July 7, 2020 - Dave Thier https://www.forbes.com/sites/davidthier/2020/07/07/playstation-plus-free-games-for-july-available-today-with-two-bonuses/#1a687c7d3544
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
When YouTuber BabyZone accused gaming juggernaut IGN (and its partner IGN Brasil) of stealing Mortal Kombat 11 deepfake videos, any number of questions were raised about the nature of the alleged stealing, the relationship between IGN and IGN Brasil, and what protections (including the DMCA) are afforded to derivative works.
What did IGN take from BabyZone (by its own admission)?
How does IGN operate so many foreign subsidiaries, and why should they be concerned with IGN Brasil's response?
And just how does the nature of BabyZone's content make IP identification (and DMCA usage) more difficult?
Uploading other people's videos as your own will always present problems...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/swNvlkfC638
Discussed in this episode:
"[IGN and IGN Brasil:] Uploading my DeepFake videos to your Facebook page without authorization..." Tweet - July 6, 2020 - BabyZone (@BabyZoneYT) https://twitter.com/BabyZoneYT/status/1280325035085959169
"Youtuber [BabyZone] 's allegations made against IGN are currently blowing up on Reddit." Tweet - July 7, 2020 - Michael (@LegacyKillaHD) https://twitter.com/LegacyKillaHD/status/1280414164507295745
"Love your videos, would like to see your thoughts on this one." Tweet - July 7, 2020 - Jason Stewart (@DangerUXO) https://twitter.com/DangerUXO/status/1280632653373493248
"MK11 - Celebrities Skins (Keanu Reeves, The Rock, Bruce Lee, Bruce Campbell, Vandamme) [DeepFake]" YouTube Video - February 9, 2020 - BabyZone https://youtu.be/raHQusILUkA
"Hello, [BabyZone]. From the IGN Brasil team, we are deeply sorry for this." Tweet - July 7, 2020 - IGN Brasil (@IGNBrasil) https://twitter.com/IGNBrasil/status/1280562647382048768
"IGN" Wikipedia Entry https://en.wikipedia.org/wiki/IGN#Subsidiaries_and_spin-offs
IGN World Webpage https://world.ign.com/
Webedia Webpage http://www.webedia.com.br/
"Hi Guys, the two videos on IGN Brazil FB page were removed." YouTube Community Post - July 7, 2020 - BabyZone https://www.youtube.com/post/Ugy4cxF8OBrBee0jSl54AaABCQ
"Exclusive rights in copyrighted works" 17 USC 106 https://www.law.cornell.edu/uscode/text/17/106
"Limitations on exclusive rights: Fair use" 17 USC 107 https://www.law.cornell.edu/uscode/text/17/107
"Copyright in Derivative Works and Compilations" US Copyright Office (Updated October 2013) https://www.copyright.gov/circs/circ14.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
The mystery of why Twitch silently banned one of its most popular streamers in Dr. Disrespect continues, but with no one talking, the speculation begins to creep into the dangerous.
There are many good reasons for individuals with multiple millions of dollars on the line to stay silent...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/tthpgRdlbgo
Discussed in this episode:
"Twitch Bans Dr. Disrespect - A Lawyer's Take On What We Know (VL254)" YouTube Video - June 29, 2020 - Hoeg Law https://youtu.be/wfgiEiefZ2E
"Terms of Service" Twitch Legal Page (Updated May 29, 2020) https://www.twitch.tv/p/legal/terms-of-service/
"Community Guidelines" Twitch Legal Page (Updated April 28, 2020) https://www.twitch.tv/p/legal/community-guidelines/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
As rumors continue to swirl that ATT is looking to sell video game giant WB Games, the pool of rumored bidders grows to include the largest of all: Microsoft.
But is there more to the tale?
"We've got someone who just loves the house, so is that the best you can do?"... but in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/MrgotWNvLhs
Discussed in this episode:
"Will WB Games Really Be Sold? A Corporate Lawyer's View (VL247)" YouTube Video - June 16, 2020 - Hoeg Law https://youtu.be/hxPrQgunHNo
"Microsoft Expresses Interest in Acquiring Warner Game Unit" Jessica Toonkel - July 6, 2020 - The Information https://www.theinformation.com/articles/microsoft-expresses-interest-in-acquiring-warner-game-unit
"Bears, Birds, and Acquisition Terms: Microsoft ISN’T Buying Playtonic Games (VL129)" YouTube Video - November 6, 2019 - Hoeg Law https://youtu.be/KHokOZCI6uU
"Help Us Out Hoeg, #6 - Mergers, Acquisitions, and Microsoft" YouTube Video - June 9, 2018 - Hoeg Law https://youtu.be/i49pGPYx-x4
"Stalking horse offer" Wikipedia Entry https://en.wikipedia.org/wiki/Stalking_horse_offer
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
SCOTUS BRIEF (Chiafalo v Washington)
Is the US Electoral College a real election? Can the electors vote their conscience? Can the States penalize them for disobedience?
And how does the Court use popular culture (Hamilton and Veep) to help explain its reasoning?
Justice Kagan is not throwing away her shot...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/WRJjMq_Lluo
Discussed in this episode:
Chiafalo v Washington Supreme Court of the United States - July 6, 2020 https://www.supremecourt.gov/opinions/19pdf/19-465_i425.pdf
"1800 United States presidential election" Wikipedia Post https://en.wikipedia.org/wiki/1800_United_States_presidential_election
"FEDERALIST NO. 68" March 14, 1788 - Alexander Hamilton https://guides.loc.gov/federalist-papers/text-61-70#s-lg-box-wrapper-25493455
Constitutional Amendments Amendments 9 and 10 https://constitution.findlaw.com/amendments.html
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
In an update to our video "Reddit Rule 1: Hate is Wrong...But Not THAT Hate (VL255)", Reddit has seen the error of their ways (!); immediately revising their rule interpretations to no longer express that hatred is allowed against "the majority".
Unfortunately, however, as is so often the case with rapidly imposed rule changes, the end result may just be...worse than the original.
We're allowed to hate bad drafting because it's clearly in the majority...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/OJoxKwx233Y
Discussed in this episode:
"Reddit Rule 1: Hate is Wrong...But Not THAT Hate (VL255)" YouTube Video - June 30, 2020 - Hoeg Law https://youtu.be/8qFf0VHcPAM
"Update to Our Content Policy" Reddit Post - June 29, 2020 https://www.reddit.com/r/announcements/comments/hi3oht/update_to_our_content_policy/
"Reddit Content Policy" Reddit Policies Page - As of June 30, 2020 https://web.archive.org/web/20200630092157/https://www.reddithelp.com/en/categories/rules-reporting/account-and-community-restrictions/promoting-hate-based-identity-or
"Reddit Content Policy" Reddit Policies Page - As of July 2, 2020 https://www.redditinc.com/policies/content-policy
"Promoting Hate Based on Identity or Vulnerability" Reddit Help Page https://www.reddithelp.com/en/categories/rules-reporting/account-and-community-restrictions/promoting-hate-based-identity-or
"Dear White People, Please Stop Pretending Reverse Racism Is Real" Vice - October 2, 2016 - Manisha Krishnan https://www.vice.com/en_us/article/kwzjvz/dear-white-people-please-stop-pretending-reverse-racism-is-real
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
With channel, user, and account bans flying left, right, and center, one wonders whether the big tech giants (Facebook, Reddit, YouTube, Twitch, Amazon, etc.) are fixing to start a fight over just how far Section 230 protection should extend.
But when it comes to Reddit, at least one significant rule change has the possibility of making the decision for all the rest.
Time to dive in.
"Remember the Human" is an interesting bit of drafting...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/8qFf0VHcPAM
Discussed in this episode:
"Reddit Finally Bans Hate Speech, Removes 2,000 Racist and Violent Forums Including The_Donald" Variety - June 29, 2020 - Todd Spangler https://variety.com/2020/digital/news/reddit-bans-hate-speech-groups-removes-2000-subreddits-donald-trump-1234692898/
"Twitch temporarily bans President Trump" The Verge - June 29, 2020 - Jacob Kastrenakes https://www.theverge.com/2020/6/29/21307145/twitch-donald-trump-ban-campaign-account
"YouTube bans Stefan Molyneux, David Duke, Richard Spencer, and more for hate speech" The Verge - June 29, 2020 - Julia Alexander https://www.theverge.com/2020/6/29/21307303/youtube-bans-molyneux-duke-richard-spencer-conduct-hate-speech
"Section 230 Executive Order SIGNED! A Lawyer Re-Reviews Trump's Plan (VL238)" YouTube Video - May 28, 2020 - Hoeg Law https://youtu.be/gmBGFVUjCaI
"Protection for private blocking and screening of offensive material" 47 USC 230 (CDA 230) https://www.law.cornell.edu/uscode/text/47/230
"Joe Biden Wants to Break the Internet (and Video Games) (VL160)" YouTube Video - January 20, 2020 - Hoeg Law https://youtu.be/YcpRlkIJ-gk
New York Times Editorial Interview - Joe Biden January 17, 2020 https://www.nytimes.com/interactive/2020/01/17/opinion/joe-biden-nytimes-interview.html
"Social Media, Liability Shields, and You: The State of CDA Section 230 (VL72) (Hoeg Law)" YouTube Video - July 12, 2019 - Hoeg Law https://youtu.be/0VtQlx5VXXs
"Update to Our Content Policy" Reddit Post - June 29, 2020 https://www.reddit.com/r/announcements/comments/hi3oht/update_to_our_content_policy/
"Reddit Content Policy" Reddit Policies Page https://www.redditinc.com/policies/content-policy
"Promoting Hate Based on Identity or Vulnerability" Reddit Help Page https://www.reddithelp.com/en/categories/rules-reporting/account-and-community-restrictions/promoting-hate-based-identity-or
"SCOTUS in Brief: LGBTQ Discrimination Declared Illegal (Bostock) (VL246)" YouTube Video - June 15, 2020 - Hoeg Law https://youtu.be/KG8YdR_wIW4
"Unlawful employment practices" 42 USC 2000e-2(a) https://uscode.house.gov/view.xhtml?req=(title:42%20section:2000e-2%20edition:prelim)
"Gender Ratio" Our World in Data (Webpage) https://ourworldindata.org/gender-ratio
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
With controversy raging around the game streaming platform, just why did Twitch silently ban one of its most popular streamers in Dr. Disrespect?
While no one is talking, there's a lot we can glean from both the current situation and what the statements made by both Twitch and Dr. Disrespect say (and don't say).
We may never get a solid answer to this one...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/wfgiEiefZ2E
Discussed in this episode:
"Lawsuit! Is Twitch REQUIRED to Enforce Its Terms of Service? (VL253)" YouTube Video - June 26, 2020 - Hoeg Law https://youtu.be/zxAQWPqjp-4
"Dr. Disrespect Banned From Twitch: Doc’s Statement And What We Know" Forbes - June 28, 2020 - Dave Thier https://www.forbes.com/sites/davidthier/2020/06/28/statement-respond-why-dr-disrespect-banned-from-twitch-for-mysterious-reasons/#2f9151d12c0e
"look: for several hours now I have been told from credible sources the reason DrDisrespect has been banned." Tweet - June 27, 2020 - Rod Breslau (@Slasher) https://twitter.com/Slasher/status/1276742960286183424
"Twitch's statement on [Dr. Disrespect] ban..." Tweet - June 26, 2020 - Shannon Liao (@Shannon_Liao) https://twitter.com/Shannon_Liao/status/1276617617730568195
"Champions Club, Twitch has not notified me on the specific reason behind their decision..." Tweet - June 27, 2020 - Dr Disrespect (@drdisrespect) https://twitter.com/drdisrespect/status/1277060051744591872
"Streamer Dr Disrespect Signs Multiyear Deal to Stay on Twitch" The Hollywood Reporter - March 12, 2020 - Patrick Shanley https://www.hollywoodreporter.com/news/dr-disrespect-signs-multi-year-deal-stay-twitch-1283878
"What Is Brime, The Latest Streaming Conspiracy Involving Ninja, Shroud And Doc?" Forbes - June 28, 2020 - Paul Tassi https://www.forbes.com/sites/paultassi/2020/06/28/what-is-brime-the-latest-streaming-conspiracy-involving-ninja-shroud-and-doc/#1c2cf97c2028
"Emails from [Twitch] have began arriving in [Dr Disrespect] subscribers inboxes." Tweet - June 26, 2020 - ModernWarzone (@ModernWarzone) https://twitter.com/ModernWarzone/status/1276693332975108096
"Dr Disrespect sponsors reinstate ad campaigns despite Twitch ban" GameRevolution - June 27, 2020 - Paul Tamburro https://www.gamerevolution.com/game-culture/651326-dr-disrespect-twitch-ban-sponsors
"MTN Dew Game Fuel" Twitter Profile https://twitter.com/GameFuel
"‘TWITCH BLACKOUT’ SPOTLIGHTS CLAIMS OF HARASSMENT, DISCRIMINATION AMONG STREAMERS" SYFY Wire - June 24, 2020 - Benjamin Bullard https://www.syfy.com/syfywire/twitch-blackout-spotlights-harassment-claims-among-streamers
"Dr Disrespect Streams Inside An E3 Bathroom, Gets Banned From Twitch [Update: E3 Badge Revoked]" Kotaku - June 11, 2019 - Nathan Grayson https://kotaku.com/dr-disrespect-streams-inside-an-e3-bathroom-gets-banne-1835428982
"Ninja, Shroud, and other top Mixer streamers are now free to stream on Twitch again" The Verge - June 22, 2020 - Bijan Stephen https://www.theverge.com/2020/6/22/21298963/ninja-shroud-mixer-facebook-gaming-twitch
"Terms of Service" Twitch Legal Page (Updated May 29, 2020) https://www.twitch.tv/p/legal/terms-of-service/
"Community Guidelines" Twitch Legal Page (Updated April 28, 2020) https://www.twitch.tv/p/legal/community-guidelines/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
When serial plaintiff Erik Estavillo turned his lawsuit-filing eyes to streaming platform Twitch, it wasn't just damage to his retinas he was claiming.
But while the lawsuit may be silly, what can we learn about a platform's obligations to its users?
And what obligations it doesn't have?
We can still learn even from frivolousness...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/zxAQWPqjp-4
Discussed in this episode:
"Twitch sued for $25m over "suggestive" streamers Alinity, Pokimane, more" Dextero - June 24, 2020 - Bill Cooney https://www.dexerto.com/general/twitch-sued-for-25m-over-suggestive-streamers-alinity-pokimane-more-1384008
"The New Lawsuit Against Twitch Is Completely Wild" Kotaku (AU) - June 25, 2020 - Alex Walker https://www.kotaku.com.au/2020/06/the-new-lawsuit-against-twitch-is-completely-wild/
"Estavillo vs Twitch (of Amazon Inc)" Case No. 20CV367206 - June 15, 2020 https://www.scribd.com/embeds/466824972/content?start_page=1&view_mode=scroll&access_key=key-wMxT3AXK3NEPleS742o8
"Terms of Service" Twitch Legal Page - Updated May 29, 2020 https://www.twitch.tv/p/legal/terms-of-service/
"Keemstar Demonetized! YouTube, Harassment, and Vague Rules (VL244)" YouTube Video - June 10, 2020 - Hoeg Law https://youtu.be/GEL6O0R20pY
Twitch Community Guidelines Twitch Legal Page https://www.twitch.tv/p/legal/community-guidelines/sexualcontent/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
As allegations of abuses and indiscretions fly across the gaming industry, many have affected both journalistic outlets and gaming companies of every size and kind.
But when the creative director of one of the year's most anticipated games is forced to step down, everyone across the industry should take notice.
We discuss issues of this sensitivity with great caution and concern for all...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/bMhQyz6D9Jc
Discussed in this episode:
"The creative director of Assassin's Creed Valhalla is now stepping down..." Tweet - June 24, 2020 - Paul Tassi (@PaulTassi) https://twitter.com/PaulTassi/status/1275845501078962178
"This person is married." Tweet - June 21, 2020 - Dani Porter Bridges (@matronedea) https://twitter.com/matronedea/status/1274810626620063744
"If someone is routinely seeking out partners who are 8-18 years younger than them..." Tweet - June 24, 2020 - Dani Porter Bridges (@matronedea) https://twitter.com/matronedea/status/1275836660815544320
"100 percent can authenticate." Tweet - June 23, 2020 - Avion (@AvionLukas) https://twitter.com/Gigolocalypse/status/1275550708457189376
"Ashraf Ismail" Twitter Profile https://twitter.com/AshrafAIsmail
"Ubisoft prepares for rebound with five AAA titles planned this fiscal year" GamesIndustryBiz - May 14, 2020 - Rebekah Valentine https://www.gamesindustry.biz/articles/2020-05-14-ubisoft-prepares-for-rebound-with-five-aaa-titles-planned-for-this-fiscal-year
"Assassin's Creed Valhalla: Everything we know" PC Gamer - May 7, 2020 https://www.pcgamer.com/assassins-creed-valhalla-release-date-trailer-gameplay/
"I am stepping down from my beloved project to properly deal with the personal issues in my life." Tweet - June 24, 2020 - Ashraf Ismail (@AshrafAIsmail) https://twitter.com/AshrafAIsmail/status/1275839403211010048
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Former IGN employee Mitch Dyer has come out with an explosive set of allegations against the games journalism giant (or, more specifically, its former management).
Among these claims, Mr. Dyer asserts that his bosses ordered the inclusion of specific unverified facts regarding Amy Hennig's Departure at Naughty Dog, including the fact that she was forced out by then directors Neil Druckmann and Bruce Straley...and all under Dyer's byline.
There's a lot to consider here.
Not the first IGN scandal we've discussed, but it would be great if it were the last seen...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/rP7xlnJNLw8
Discussed in this episode:
"Solidarity with my IGN coworkers..." Tweet - June 23, 2020 - Mitch Dyer (@MitchyD) https://twitter.com/MitchyD/status/1275457947955613697
"Uncharted PS4 Writer Amy Hennig Leaves Naughty Dog" IGN - May 1, 2017 (updated) - Mitch Dyer https://www.ign.com/articles/2014/03/05/uncharted-ps4-writer-amy-hennig-leaves-naughty-dog
"Thanks Mitch." Tweet - June 23, 2020 - Bruce Straley (@bruce_straley) https://twitter.com/bruce_straley/status/1275486481683894272
"Wow, dude." Tweet - June 23, 2020 - Neil Druckmann (@Neil_Druckmann) https://twitter.com/Neil_Druckmann/status/1275461475235061760
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
In a stunning turn of events, Microsoft has announced (through an interview given to The Verge) that it is shutting down Mixer effective over the course of the next month, and will be transitioning the streamers and viewers it has to Facebook Gaming starting immediately.
This marks a tremendous change in course for the multinational big tech giant, but why did it make the choice? And with no reference to cash changing hands, just what is Microsoft getting out of all of this anyway.
Gaming moves at the speed of law...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/eamT06g3T6Q
CHAPTERS 00:00 Introduction 00:58 Microsoft To Close Mixer 11:54 Facebook Gaming and xCloud Integration 13:20 Exclusivity Questions 19:46 Impact of Recent Accusations 22:15 Conclusion
Discussed in this episode:
"Microsoft is shutting down Mixer and partnering with Facebook Gaming" The Verge - June 22, 2020 - Tom Warren https://www.theverge.com/2020/6/22/21299032/microsoft-mixer-closing-facebook-gaming-partnership-xcloud-features
"Mixing It Up!" Penny Arcade - July 12, 2019 - Gabe https://www.penny-arcade.com/news/post/2019/07/12/mixing-it-up
"Ninja reportedly got paid between $20 million and $30 million by Microsoft to leave Amazon's Twitch streaming service" Business Insider - January 27, 2020 - Ben Gilbert https://www.businessinsider.com/how-much-did-ninja-make-for-leaving-twitch-2020-1
"Ninja, Shroud, and other top Mixer streamers are now free to stream on Twitch again" The Verge - June 22, 2020 - Bijan Stephen https://www.theverge.com/2020/6/22/21298963/ninja-shroud-mixer-facebook-gaming-twitch
"Twitch vows to improve safety as several streamers are accused of abuse" Engadget - Marc DeAngelis - June 22, 2020 https://www.engadget.com/twitch-sexual-abuse-allegations-165741108.html
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
In a startling 5-4 partial decision by the Supreme Court, the Trump Administration's action to rescind the Obama Administration's Deferred Action for Childhood Arrivals (DACA) executive order was held to be an unlawfully arbitrary and capricious act of the Department of Homeland Security (DHS).
But just who is acting arbitrarily here? We discuss....in Virtual Legality.
CHECK OUT THE VIDEO: https://youtu.be/63wN3I85Ag0
CHAPTERS 0:00 Introduction 3:24 DACA - The Heart of the Case 5:12 DAPA - An Illegal Program? 9:53 DHS Moves to Rescind DACA 11:44 SCOTUS: DHS MAY RESCIND DACA 12:41 The Administrative Procedure Act (APA) 15:16 Kavanaugh Dissents to Kicking the Can 17:35 Discretionary Authority is Unreviewable 18:29 DACA is Reviewable (More than Forbearance) 20:35 Rescission is Arbitrary and Capricious 24:15 Reliance on DACA Benefits 28:41 Roberts Tells DHS to Try Again 30:50 The Thomas Dissent (Lead Dissent) 35:28 Conclusion
Discussed in this episode:
"DEPARTMENT OF HOMELAND SECURITY ET AL. v. REGENTS OF THE UNIVERSITY OF CALIFORNIA ET AL. " No. 18-587 https://www.supremecourt.gov/opinions/19pdf/18-587_5ifl.pdf
Administrative Procedure Act 5 USC 701(a)(2) https://www.law.cornell.edu/uscode/text/5/701
"Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children" (DACA) June 15, 2012 - Department of Homeland Security https://www.dhs.gov/xlibrary/assets/s1-exercising-prosecutorial-discretion-individuals-who-came-to-us-as-children.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Neither Duke Nukem nor developer Gearbox are strangers to the magical world of the US justice system, but just what caused them (and owner Randy Pitchford) to file a lawsuit challenging aspects of their decade old purchase agreement? And did their lawyers drop the ball?
Duke Diligence is a great name for a legal first person shooter... in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/91L8tkQ1Pbs
Discussed in this episode:
"Found one up your alley." Tweet - June 15, 2020 - Justin Greene (@AnimeCwboy) https://twitter.com/AnimeCwboy/status/1272650791891816448
"Wonder if Mr. [Hoeg Law] is up for it?" Tweet - June 16, 2020 - Baron Young (@TheBaronYoung) https://twitter.com/TheBaronYoung/status/1272913072735256577
"Gearbox sues 3D Realms over Duke Nukem, again" PC Gamer - June 15, 2020 - Andy Chalk https://www.pcgamer.com/gearbox-sues-3d-realms-over-duke-nukem-again/
"ASSET PURCHASE AGREEMENT" https://www.sec.gov/Archives/edgar/data/1538217/000155335018000875/srax_ex10z01.htm
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Rumors swirl. WB may (or may not) be for sale. It's buyer might be Take-Two? Or Electronic Arts (EA)? Or Activision? It's price? $4 billion. Or maybe it's only "about" that much.
Join us as we take a look at things from a mergers and acquisitions attorney's perspective, where even a five-paragraph anonymously sourced story can get the mind moving.
It's time for Mortal (legal) Kombat...Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/hxPrQgunHNo
Discussed in this episode:
"AT&T seeks sale for Warner gaming unit, could fetch about $4 billion, sources say" CNBC - June 12, 2020 -Alex Sherman https://www.cnbc.com/2020/06/12/att-seeks-sale-for-warner-gaming-unit-could-fetch-4-billion.html
"Term Sheet Proposed Merger" https://www.sec.gov/Archives/edgar/data/1072971/000119312507011975/dex991.htm
"AT&T in talks to sell WB games business in possible $4 billion deal: report" MarketWatch - June 12, 2020 - Wallace Witkowski https://www.marketwatch.com/story/att-in-talks-to-sell-wb-games-business-in-possible-4-billion-deal-report-2020-06-12
"S&P 500 ends at 4-month high as stocks rise after strong economic data" MarketWatch - March 13, 2019 - Sue Chang and Chris Matthews https://www.marketwatch.com/story/stock-market-poised-for-tepid-rise-but-dow-remains-under-pressure-amid-boeing-737-8-woes-2019-03-13
WB Games Homepage https://www.wbgames.com/
"The Boy Who Lives: Warner Bros Sets Harry Potter Global Development Team" Deadline - July 30, 2014 - Nancy Tartaglione https://deadline.com/2014/07/the-boy-who-lived-warner-bros-creates-harry-potter-global-franchise-development-team-jk-rowling-812082/
"Warner Bros. Interactive Entertainment" (and subsidiaries) Wikipedia https://en.wikipedia.org/wiki/Warner_Bros._Interactive_Entertainment
"FORM OF TRADEMARK LICENSE AGREEMENT" https://www.sec.gov/Archives/edgar/data/1452016/000119312509163904/dex1012.htm
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
In a momentous 6-3 ruling in the case of "Bostock v Clayton County, Georgia", the US Supreme Court (SCOTUS) has determined that Title VII of the Civil Rights Act of 1964 completely prohibits discrimination based on an individual's status as homosexual or transgender.
But, wait, did that just say 172 pages?
Time to dive in...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/KG8YdR_wIW4
CHAPTERS 0:00 Introduction 2:29 Opinion Introduction 5:49 Civil Rights Act of 1964 Text (42 USC 2000e-2(a)) 6:38 The Case at Hand 7:35 The Meaning of "Sex" in 1964 10:55 On "But-For" Causation 12:02 Legal Reasoning (THE CRUX OF THE DECISION) 16:39 A Textualist Reading? 18:25 Dissent (Alito and Thomas) 23:28 Dissent (Kavanaugh) 29:06 Conclusion
Discussed in this episode:
"BOSTOCK v. CLAYTON COUNTY, GEORGIA" No. 17-1618 https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf
"Unlawful employment practices" 42 USC 2000e-2(a) https://uscode.house.gov/view.xhtml?req=(title:42%20section:2000e-2%20edition:prelim)
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Sony's PlayStation 5 (PS5) reveal party has gotten the results that the company wanted. People are certainly talking. And with only "Spider-Man: Miles Morales" receiving anything close to a release date (Holiday 2020), the apparent successor to the wildly successful Marvel's Spider-Man (2018) has a lot riding on it.
But what if everything is not as it appears?
When is a sequel not a sequel? When it's in...Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/L4dLznjx4DY
Discussed in this episode:
"Marvel's Spider-Man: Miles Morales - Announcement Trailer | PS5" YouTube Video - June 11, 2020 - PlayStation https://youtu.be/gHzuHo80U2M
“Now it’s your turn, go be a hero Miles.” Tweet - June 12, 2020 - IGN (@IGN) https://twitter.com/IGN/status/1271299022821736448
"BREAKING: Tom Holland and Kevin Feige confirm that Spider-Man will NOT return to the MCU." Tweet - August 24, 2019 - IGN (@IGN) https://twitter.com/IGN/status/1165389601621651456
"PSA: Spider-Man’s MCU Future is Still Very Much Up in the Air (VL92) (Hoeg Law)" YouTube Video - August 24, 2019 - Hoeg Law https://youtu.be/uadCcubsp8A
"Spider-Man Rejoins the MCU (and Even More) (VL110) (Hoeg Law)" YouTube Video - September 27, 2019 - Hoeg Law https://youtu.be/isCBefj6bxE
"Spider-Man: Miles Morales Isn't a Sequel, It's an Expansion" IGN - June 12, 2020 - Joe Skrebels https://www.ign.com/articles/ps5-spider-man-miles-morales-expansion-not-sequel?sf123919851=1
"Spider-Man Miles Morales is an ‘expansion and enhancement to the original’, Sony clarifies" VGC - June 11, 2020 https://www.videogameschronicle.com/news/spider-man-miles-morales-is-a-remaster-and-expansion-sony-clarifies/
"Also announced that Madden will support Smart Delivery (or its analogue)..." Tweet - May 7, 2020 - Richard Hoeg ( @Hoeg Law ) https://twitter.com/HoegLaw/status/1258414880824139782
"For those of you that think lawyers don't pay close attention..." Tweet - May 7, 2020 - Richard Hoeg ( @Hoeg Law ) https://twitter.com/HoegLaw/status/1258414880824139782
"These 11 new games will get free upgrades for the Xbox Series X" The Verge - May 7, 2020 - Tom Warren https://www.theverge.com/2020/5/7/21250334/xbox-series-x-free-games-smart-delivery-one-upgrade-list-ea
"The Return Of "Arrogant Sony"? The PS5 Revealed (VL EXTRA)" YouTube Video - June 11, 2020 - Hoeg Law https://youtu.be/_mFN_AO0Sh0
"Grand Theft Auto V and Grand Theft Auto Online - Announcement Trailer | PS5" YouTube Video - PlayStation - June 11, 2020 https://youtu.be/P20ASB1MdnI
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
When Youtube star Keemstar recently got into a feud with fellow YouTube star Ethan Klein (h3h3Productions), the resulting fall-out had many smaller YouTuber's wondering what the platform would do in response.
Now, Youtube has acted to demonetize Keemstar's channel for a period of weeks, along with sending out similar statements to other YouTubers (such as Tipster) requiring them to reapply after stopping their "harassment" and cleaning up their act.
But while Keemstar thinks YouTube is using new rules to enact these changes, the truth is that we talked about the risk back when the rules were put in place last year.
Everything old is new again...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/GEL6O0R20pY
CHAPTERS 0:00 Introduction 0:26 Keemstar and Tipster Demonetized 3:50 What's Old is New Again 6:06 Let's Read YouTube's Harassment Policy 13:25 Rule of Blog 17:38 Conclusion
Discussed in this episode:
"I am sorry [Team YouTube]!" Tweet - June 9, 2020 - KEEM (@KEEMSTAR) https://twitter.com/KEEMSTAR/status/1270501401358204930
"DramaAlert" YouTube Channel (Keemstar) https://www.youtube.com/user/NewDramaAlert
"My YouTube Channel Has Been Demonetized" YouTube Video - June 9, 2020 - Tipster https://youtu.be/IQKciuG7aww
"This new bullet point that YouTube added." Tweet - June 9, 2020 KEEM (@KEEMSTAR) https://twitter.com/KEEMSTAR/status/1270534534799470593
"Harassing the Harassers: A Lawyer Reads YouTube’s new Harassment Guidelines (VL148)" YouTube Video - December 11, 2019 - Hoeg Law https://youtu.be/H2TXeN0EWxw
"Harassment and cyberbullying policy" YouTube Help Page https://support.google.com/youtube/answer/2802268
"Hate speech policy" YouTube Help Page https://support.google.com/youtube/answer/2801939?hl=en
"An update to our harassment policy" YouTube Blog - December 11, 2019 https://youtube.googleblog.com/2019/12/an-update-to-our-harassment-policy.html
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Sony's Playstation 5 (PS5) has finally revealed itself.
But was it worth the wait, or did Sony reveal a bit more than they would have liked?
It's time to pop those collars, y'all...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/_mFN_AO0Sh0
Discussed in this episode:
"Too Exotic? Is PS5 the Next PlayStation 3? (Virtual Legality #191)" YouTube Video - March 18, 2020 - Hoeg Law https://youtu.be/NXIxXPAfUWU
"Sony finally reveals PlayStation 5 hardware—and a discless “Digital Edition” Ars Technica - June 11, 2020 - Sam Machkovech https://arstechnica.com/gaming/2020/06/sony-finally-reveals-playstation-5-hardware-and-a-discless-digital-edition/
"Spider-Man, Ratchet and Clank, Gran Turismo, and more are coming to PS5" Ars Technica - June 11, 2020 - Kyle Orland https://arstechnica.com/gaming/2020/06/grand-theft-auto-v-is-getting-expanded-and-enhanced-for-ps5-next-year/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
When developer HFM Games released "Penguins Cretins" on Valve's Steam platform, one could be forgiven for not even noticing.
But as it turns out, the story of Penguin Cretins is a story that every gamer should be interested in, as it gives warning signs (and potentially answers for) the world of "games-as-a-service" to come.
Penguins are wonderful, but they can't play soccer...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/Sj58GPFILbc
CHAPTERS 0:00 Introduction 1:23 The Unusual Origin of Penguins Cretins 6:23 The Right to Modify 11:07 Taking Things to Extremes 14:18 Good Faith and Fair Dealing 18:35 The Problem with Early Access 22:42 Conclusion
Discussed in this episode:
"...curious on any input from the potential legal impacts of this situation." Tweet - June 8, 2020 - Haladmer ( @Haladmer ) https://twitter.com/Haladmer/status/1270072081669996544
"Developer Swaps Out Game, Renders Game Unplayable For Purchasers, Valve Does Nothing" Sentinels of the Store Steam Group Page https://steamcommunity.com/groups/Sentinels_of_the_Store/announcements/detail/2268072622345212445?tscn=1591634909
"Steam Subscriber Agreement" https://store.steampowered.com/subscriber_agreement/
"END USER LICENSE AGREEMENTS FOR FINAL FANTASY VII REMASTERED (PC)" https://store.steampowered.com/eula/39140_eula
"Destiny, Doom, and Denuvo: Making the Things You Love…Worse! (VL225)" YouTube Video - May 15, 2020 - Hoeg Law https://youtu.be/JQb48KT1Jus
"What You Should Know about the Implied Duty of Good Faith and Fair Dealing" American Bar Association - July 26, 2016 https://www.americanbar.org/groups/litigation/committees/business-torts-unfair-competition/practice/2016/duty-of-good-faith-fair-dealing/
"Supreme Court Explains the Implied Covenant of Good Faith and Fair Dealing" Delaware Corporate & Commercial Litigation Blog - January 28, 2019 https://www.delawarelitigation.com/2019/01/articles/delaware-supreme-court-updates/supreme-court-explains-the-implied-covenant-of-good-faith-and-fair-dealing/
"Early Access Games" Steam Webpage https://store.steampowered.com/earlyaccessfaq/?snr=1_5_9_
"Early Access" Steamworks Documentation https://partner.steamgames.com/doc/store/earlyaccess
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
The scourge of the mass, automated DMCA takedown notice has come to Twitch.
But what is the law? How do game and music licenses influence that law? And just what should Twitch/Facebook/YouTube/Twitter/et al be doing about it?
Reform is needed, both to the DMCA and to platform operations...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/728Oz1FcxJ0
Discussed in this episode:
"This week, we've had a sudden influx of DMCA takedown requests" Tweet - June 8, 2020 - Twitch Support (@TwitchSupport) https://twitter.com/TwitchSupport/status/1269851779790929921
"Streaming, Copyright Infringement, and Fair Use (Virtual Legality #177)" YouTube Video - February 19, 2020 - Hoeg Law https://youtu.be/vTjsKrC3tOE
"ELECTRONIC ARTS USER AGREEMENT" Updated July 18, 2019 https://tos.ea.com/legalapp/WEBTERMS/US/en/PC/
"Legal Jibber Jabber" Riot Games Legal Page - August 2018 https://www.riotgames.com/en/legal
"About Account Enforcements and Chat Bans" Twitch Help Page https://help.twitch.tv/s/article/about-account-suspensions-dmca-suspensions-and-chat-bans?language=en_US
"Digital Millennium Copyright Act Notification Guidelines" Twitch Help Page - Updated March 27, 2019 https://www.twitch.tv/p/legal/dmca-guidelines/
"WHAT WE DO" RIAA Webpage https://www.riaa.com/what-we-do/
"...DMCA has done far more harm than good online..." Tweet - June 7, 2020 - [Rod Breslau] (@Slasher) https://twitter.com/Slasher/status/1269660530303799298
"Limitations on liability relating to material online" 17 USC 512 (DMCA) https://www.law.cornell.edu/uscode/text/17/512
"The DMCA is very often abused to within an inch of its life, but “done more harm than good”?" (and comments) Tweet - June 7, 2020 - Richard Hoeg (@HoegLaw) https://twitter.com/HoegLaw/status/1269822027734683648
"Community Guidelines" Twitch Legal Page https://www.twitch.tv/p/legal/community-guidelines/
"Limitations on actions" 17 USC 507 https://www.law.cornell.edu/uscode/text/17/507
"Twitch DMCA Claims Frustrate Creators Forced To Delete Years Of VODs And Clips" Forbes - June 8, 2020 - Paul Tassi https://www.forbes.com/sites/paultassi/2020/06/08/twitch-dmca-claims-frustrate-creators-forced-to-delete-years-of-vods-and-clips/#6c8880ba3a46
"Terms of Service" Twitch Legal Page https://www.twitch.tv/p/legal/terms-of-service/#10-respecting-copyright
"Music Guidelines" Twitch Legal Page https://www.twitch.tv/p/legal/community-guidelines/music/
"TLOU2: On Compulsory Song Licenses And Cover "Theft" (VL240)" YouTube Video - June 4, 2020 - Hoeg Law https://youtu.be/Ha3ZclJhEhs
"Exclusive rights in copyrighted works" 17 USC 106 https://www.law.cornell.edu/uscode/text/17/106
"Copyright and the Music Marketplace" US Copyright Office - February 2015 https://www.copyright.gov/policy/musiclicensingstudy/copyright-and-the-music-marketplace.pdf
"US Copyright Office: "The DMCA? It's Too Tough...On Sony/Disney" (VL233)" YouTube Video - May 24, 2020 - Hoeg Law https://youtu.be/20FmZXvKExU
"Section 512 of Title 17" US Copyright Office - May 2020 https://www.copyright.gov/policy/section512/section-512-full-report.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
YouTube star influencer and multi-millionaire has been charged by the Scottsdale Arizona police department for "documenting" the looting and vandalism visited upon the Scottsdale Fashion Mall.
But what does "unlawful assembly" and "criminal trespass" really mean in Arizona, anyway?
We dive in.
When you're a star that puts yourself on tape, you've really done most of the work for them...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/PF2KXFzuRJQ
CHAPTERS 0:00 Introduction 1:00 Jake Paul's Side of the Story 2:15 Jake Paul Charged 5:18 The Arizona Revised Statutes 5:39 Unlawful Assembly; Riots 13:13 Criminal Trespass 16:25 First Amendment; Freedom of the Press 19:15 Conclusion
Discussed in this episode:
"The looting situation explained. (deleting soon)" YouTube Video - June 3, 2020 - Jake Paul https://youtu.be/uJhr1Te6vGs
"BREAKING: YouTuber Jake Paul has been charged with criminal trespassing and unlawful assembly" Tweet - June 4, 2020 - ABC15 Arizona (@abc15) https://twitter.com/abc15/status/1268569438451687428
"Online influencer Jake Paul charged after Scottsdale looting" ABC 15 Arizona - June 4, 2020 https://www.abc15.com/news/region-northeast-valley/scottsdale/online-influencer-jake-paul-charged-after-scottsdale-looting
"...gimme my charges..." Tweet - June 4, 2020 - Jake Paul (@jakepaul) https://twitter.com/jakepaul/status/1268603950946635777
[Instagram Post] Tweet - May 31, 2020 - Jake Paul (@jakepaul) https://twitter.com/jakepaul/status/1267130631097430017
"In our continued investigation it was confirmed that Jake Paul was in attendance..." Tweet - June 4, 2020 - ScottsdalePD (@ScottsdalePD) https://twitter.com/ScottsdalePD/status/1268580271252619270
Arizona Revised Statutes (ARS) Landing Page https://www.azleg.gov/arstitle/
"Unlawful assembly; classification" ARS 13-2902 https://www.azleg.gov/viewDocument/?docName=http://www.azleg.gov/ars/13/02902.htm
"Riot; classification" ARS 13-2903 https://www.azleg.gov/viewDocument/?docName=http://www.azleg.gov/ars/13/02903.htm
"Misdemeanors; sentencing" ARS 13-707 https://www.azleg.gov/viewDocument/?docName=http://www.azleg.gov/ars/13/00707.htm
"Criminal trespass in the first degree; classification" ARS 13-1504 https://www.azleg.gov/viewDocument/?docName=http://www.azleg.gov/ars/13/01504.htm
"Criminal trespass in the second degree; classification" ARS 13-1503 https://www.azleg.gov/viewDocument/?docName=http://www.azleg.gov/ars/13/01503.htm
First Amendment US Constitution https://www.law.cornell.edu/constitution/first_amendment
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
And now for something completely different! Well...mostly different.
Sony and Naughty Dog's "Last of Us Part II" project has been through a lot here in Virtual Legality, but now the tables have turned, as singer/songwriter Lotte Kestner accuses the multinational of "stealing" her cover of the 1987 song True Faith (originally recorded by the band New Order).
Does she have a case? The answers lie in that most complicated of copyright arenas: music licensing law.
An open mind is compulsory...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/Ha3ZclJhEhs
Discussed in this episode:
"Last of Us Leak Legalities" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-ULKii2yP9AY-Emo1_G8xN
"...hey are you aware that the true faith cover you put in your last of us 2 trailer is a replica..." Tweet - June 3, 2020 - Lotte Kestner (@lottekestner) https://twitter.com/lottekestner/status/1268370206990012416
"Looking forward to the DMCA strikes on the commercial." Tweet - June 4, 2020 - Richard Hoeg (@hoeglaw) https://twitter.com/HoegLaw/status/1268547078134923269
"The Last of Us Part 2 Trailer Accused of Copying Artist Without Permission" IGN - June 4, 2020 - Matt Purslow https://www.ign.com/articles/last-of-us-part-2-new-order-true-faith-cover?sf123524574=1
"The Last of Us Part II – Official Extended Commercial | PS4" YouTube Video - June 3, 2020 - PlayStation https://youtu.be/TXl9GI1p_Os
"True Faith" Lotte Kestner - Stolen - June 1, 2011 https://lottekestner.bandcamp.com/track/true-faith
"New Order - True Faith (1987) (Official Music Video)" YouTube Video - October 18, 2013 - neworder https://youtu.be/mfI1S0PKJR8
"Scope of exclusive rights in nondramatic musical works: Compulsory license for making and distributing phonorecords" 17 USC 115 https://www.law.cornell.edu/uscode/text/17/115
"Exclusive rights in copyrighted works" 17 USC 106 https://www.law.cornell.edu/uscode/text/17/106
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Internet Archive's effort to provide unlimited copies of more than 1.3 million digital books to the world in their "National Emergency Library" project may seem a boon...but is it legal under the US Copyright Act?
Four major book publishers sure don't think so (and we tend to agree).
All the fancy formatting in the world can't change the law...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/X9P_0bYcmi8
CHAPTERS 0:00 Introduction 0:30 Controlled Digital Lending (CDL) 4:40 First Sale Analysis 7:10 Fair Use Analysis 10:58 Enter the National Emergency Library 12:38 LAWSUIT! 14:40 Lawsuit - Initial Claims 20:50 Lawsuit - Background 29:43 Lawsuit - CDL Analysis 39:24 Conclusion
Discussed in this episode:
"Position Statement on Controlled Digital Lending" Controlled Digital Lending Website - Updated September 2018 https://controlleddigitallending.org/statement
"Exclusive rights in copyrighted works" 17 USC 106 https://www.law.cornell.edu/uscode/text/17/106
"Limitations on exclusive rights: Effect of transfer of particular copy or phonorecord" 17 USC 109 https://www.law.cornell.edu/uscode/text/17/109
"Limitations on exclusive rights: Fair use" 17 USC 107 https://www.law.cornell.edu/uscode/text/17/107
"Appeal from the victims of Controlled Digital Lending (CDL)" National Writers Union Webpage https://nwu.org/book-division/cdl/appeal/
"Announcing a National Emergency Library to Provide Digitized Books to Students and the Public" Internet Archive Blogs - March 24, 2020 https://blog.archive.org/2020/03/24/announcing-a-national-emergency-library-to-provide-digitized-books-to-students-and-the-public/
"Book publishers sue Internet Archive for allegedly enabling piracy" Engadget - June 1, 2020 - Christine Fisher https://www.engadget.com/internet-archive-publishers-lawsuit-open-library-193358101.html
Hachette Book Group et al v Internet Archive Complaint SDNY - June 1, 2020 https://torrentfreak.com/images/1-20-cv-04160-Hachette-Book-Group-Inc-v-Internet-Archive-complaint-200601.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
With cities across the country on fire after the tragic and senseless death of George Floyd, I reflect on the situation, the shield of qualified immunity, and the complicity of all aspects of government and law.
There are no pithy remarks sufficient...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/CdHgjar-Uv0
CHAPTERS 0:00 Introduction 2:18 Abuse of Law 3:43 Contact with the State 4:58 Qualified Immunity and the Loss of Judgment 7:41 Minnesota Charges 8:41 Police Unions and Collective Bargaining 9:35 The Worst of Both Worlds 13:03 Government and Covid 19 Lockdown 15:22 A Protectionist Legal Profession 18:29 Corporations Don't Have Feelings 20:53 The Perils of Group Identification 23:30 Answers, not Violence 26:36 Conclusion
Discussed in this episode:
"Last of Us Leak Legalities" YouTube Playlist https://www.youtube.com/playlist?list=PL1zDCgJzZUy-ULKii2yP9AY-Emo1_G8xN
"Modern Operation of Qualified Immunity" Unlawful Shield Website (Cato) https://www.unlawfulshield.com/frequently-asked-questions-about-qualified-immunity/
"Police Union Contracts" Duke Law Journal - March 2017 - Stephen Rushin https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3890&context=dlj
"Task Force on the Ethics & Regulation of Legal Services Marketing" State Bar of Michigan Website http://www.michbar.org/generalinfo/marketing
"Now is not the time..." Tweet - May 31, 2020 - Naughty Dog https://twitter.com/Naughty_Dog/status/1267274658610438144
Tweet - May 31, 2020 - Sony https://twitter.com/Sony/status/1267201754367737857
"We stand against racism." Tweet - May 31, 2020 - Disney https://twitter.com/Disney/status/1267224613152571393
"This week, I am introducing the Ending Qualified Immunity Act..." Tweet - May 31, 2020 - Justin Amash https://twitter.com/justinamash/status/1267267244029083648
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
When Twitter decided to add a "fact check" to one of President Trump's latest tweets (on the possibility of mail-in voting fraud), it opened up a huge debate that ended in the President promising to draft and enforce an executive order (EO) to "regulate" social media entities and the Internet.
Earlier, we reviewed the draft form of such executive order, finding it wanting in several respects: "Section 230 Executive Order! A Lawyer Reviews Trump's Plan (Draft) (VL237)" (https://youtu.be/tTThb2Y9Fh8)
Now we have the final version.
Once was good, but twice is even better...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/gmBGFVUjCaI
CHAPTERS:
0:00 Introduction 2:00 A Comparison (Draft to Final) 2:45 Description of Policy 6:05 Interpreting CDA Section 230 19:48 Marketing, Making Law, and Collecting Information 26:00 Conclusion
Discussed in this episode:
"Executive Order on Preventing Online Censorship" White House Website - May 28, 2020 https://www.whitehouse.gov/presidential-actions/executive-order-preventing-online-censorship/
"Section 230 Executive Order! A Lawyer Reviews Trump's Plan (Draft) (VL237)" YouTube Video - May 28, 2020 - Hoeg Law https://youtu.be/tTThb2Y9Fh8
"Protection for private blocking and screening of offensive material" 47 USC 230 (CDA 230) https://www.law.cornell.edu/uscode/text/47/230
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
NOTE: The document reviewed in this video is a draft of the executive order issued by the President on these topics. Additional commentary related to the final version is pinned as the first comment to this video, and our formal follow-up video can be found at https://youtu.be/gmBGFVUjCaI
When Twitter decided to add a "fact check" to one of President Trump's latest tweets (on the possibility of mail-in voting fraud), it opened up a huge debate that ended in the President promising to draft and enforce an executive order (EO) to "regulate" social media entities and the Internet.
Now we have that executive order (in draft form).
What does the order purport to do?
How does it get CDA 230 CDA wrong, and what impact will that have?
How does it involve the FTC and the States Attorneys General?
And what does it mean for the future of the Internet?
We dive into the fanciful, sci-fi world of Captain EO...in Virtual Legality.
CHAPTERS:
0:00 Introduction 2:34 The President Gets Fact Checked 9:30 Hoeg's Anticipated EO Approach 13:38 The Executive Order (Draft) 14:12 "Section 1. Policy" 19:48 "Section 2. Arbitrary Restrictions" (CDA Section 230) 31:40 "Section 3. Prohibitions on Spending" 32:55 "Sections 4 and 5. False Advertising and the FTC" 41:00 Conclusion
CHECK OUT THE VIDEO AT: https://youtu.be/tTThb2Y9Fh8
Discussed in this episode:
"Here’s Trump’s Executive Order." Tweet - May 28, 2020 - Jacob Ward (@byjacobward) https://twitter.com/byjacobward/status/1265864271138828289
"There is NO WAY (ZERO!) that Mail-In Ballots will be anything less than substantially fraudulent." Tweet - May 26, 2020 - Donald J. Trump (@realDonaldTrump) https://twitter.com/realDonaldTrump/status/1265255835124539392
"Trump makes unsubstantiated claim that mail-in ballots will lead to voter fraud" Twitter Events Link https://twitter.com/i/events/1265330601034256384
"Civic integrity policy" Twitter Help Center https://help.twitter.com/en/rules-and-policies/election-integrity-policy
"Trump preparing order targeting social media protections" Associated Press - May 28, 2020 https://apnews.com/fc30f9ebdff9d3d33a870e7374f8ffa6
"So, since a number of people have asked me, let's go through the thought experiment together." Tweet - May 27, 2020 - Richard Hoeg ( @Hoeg Law ) https://twitter.com/HoegLaw/status/1265831119020228610
"Preventing Online Censorship" Draft Executive Order https://kateklonick.com/wp-content/uploads/2020/05/DRAFT-EO-Preventing-Online-Censorship.pdf
"Protection for private blocking and screening of offensive material" 47 USC 230 (CDA 230) https://www.law.cornell.edu/uscode/text/47/230
"PACKINGHAM v. NORTH CAROLINA" SCOTUS - Decided June 19, 2017 https://www.supremecourt.gov/opinions/16pdf/15-1194_08l1.pdf
"Supreme Court last chance for Trump to block Twitter critics" Associated Press - March 23, 2020 https://www.nydailynews.com/news/politics/ny-trump-twitter-us-supreme-court-20200323-pdk2pxg3yfht5bwjdwlu7nepfm-story.html
"Unfair methods of competition unlawful; prevention by Commission" 15 USC 45 https://www.law.cornell.edu/uscode/text/15/45
"Defending and respecting the rights of people using our service" Twitter Help Center https://help.twitter.com/en/rules-and-policies/defending-and-respecting-our-users-voice
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
The saga of Sony and Naughty Dog's "Last of Us Part II" DMCA takedown and copyright claim extravaganza just won't die as Sony targets...the rot within.
We've got the receipts (literally)...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/Kws5aMADF8E
(DON'T GET CHEEKY SONY) - Thumbnail/Video Screenshot from: “The Last of Us Part II | Release Date Reveal Trailer | PS4” YouTube Video – September 24, 2019 – PlayStation Europe https://youtu.be/XvG-EpPoCCA
Discussed in this episode:
"Last of Us Leak Legalities" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-ULKii2yP9AY-Emo1_G8xN
"Weird that this wasn't attached." Tweet - May 26, 2020 - Richard Hoeg (@HoegLaw) https://twitter.com/HoegLaw/status/1265367909557252097
"Maybe you might get a laugh out of this [Hoeg Law]" Tweet - May 26, 2020 - Extreme Machine 3002 (@xtreemmasheen3k) https://twitter.com/xtreemmasheen3k/status/1265390813443272704
"If you don't believe that the DMCA system is broken..." Tweet - May 26, 2020 - FreeJAC (@FreeJAC) https://twitter.com/FreeJAC/status/1265427495483928577
"lol [Hoeg Law] you seen this?" Tweet - May 27, 2020 - Macrike (Macrike) https://twitter.com/Macrike/status/1265540942859296769
"Ellie and Joel’s story continues..." Tweet - May 6, 2020 - PlayStation (@PlayStation) https://twitter.com/PlayStation/status/1258131429936021507
"US Copyright Office: "The DMCA? It's Too Tough...On Sony/Disney" (VL233)" YouTube Video - May 24, 2020 - Hoeg Law https://youtu.be/20FmZXvKExU
"Sony has been very bad on all of this..." Tweet - May 26, 2020 - Richard Hoeg (@HoegLaw) https://twitter.com/HoegLaw/status/1265395200656015361
"Copyright policy" Twitter Help Center https://help.twitter.com/en/rules-and-policies/copyright-policy
"Report copyright infringement" Twitter Help Center https://help.twitter.com/forms/dmca
Lumen Database Search for "1258131429936021507" https://lumendatabase.org/notices/search?utf8=%E2%9C%93&term=1258131429936021507&sort_by=
[BLANK] Tweet - May 20, 2020 - I miss baseball (@Proloc0) https://twitter.com/proloc0/status/1263194011474505728
"Watch the New The Last of Us Part II Story Trailer" PlayStation Blog - May 6, 2020 https://blog.us.playstation.com/2020/05/06/watch-the-new-the-last-of-us-part-ii-story-trailer/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
When a major third party video game publisher deigns to change its mandatory terms of use, the gaming community takes notice. And when your favorite YouTube legal commentator puts forth his own thoughts on the change, well...the gaming community takes notice of that as well.
Join us as we dive once more into Ubisoft's new Terms of Use document to discuss, among other things, just why it's so complicated, and what areas really are worthy of concern.
We lay siege to these terms, not for honor, for that is a far cry from our purpose, but for clarity. That is our creed...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/6S2iugZHbeI
Discussed in this episode:
"A Lawyer Reads Ubisoft's New Terms (No, They Don't Own Your Soul) (VL230)" YouTube Video - May 20, 2020 - Hoeg Law https://youtu.be/OaS_XnDAPYE
"Ubisoft Owns Your Soul - Terms of Service Update" YouTube Video - May 20, 2020 - Upper Echelon Gamers https://youtu.be/4MdxFitwEj4
"Mobile Gaming Consequences - A Den of Thieves - Cyberpunk 2077 Ripoff" YouTube Video - May 25, 2020 - Upper Echelon Gamers https://youtu.be/6Mwr1dj_XGA
"UBISOFT TERMS OF USE" Updated May 12, 2020 https://legal.ubi.com/termsofuse/en-US
"MINECRAFT END USER LICENSE AGREEMENT" https://account.mojang.com/documents/minecraft_eula
"Streaming, Copyright Infringement, and Fair Use (Virtual Legality #177)" YouTube Video - February 19, 2020 - Hoeg Law https://youtu.be/vTjsKrC3tOE
Twitter User Agreement To Be Effective June 18, 2020 https://cdn.cms-twdigitalassets.com/content/dam/legal-twitter/site-assets/privacy-policy-new/Twitter-User-Agreement-EN.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
The Digital Millennium Copyright Act (DMCA): Necessary evil or Bane of the Internet? The US Copyright Office has just issued a (250 page!) report that asks the eternal question: "Why not both?"
Who are the Rightsholders the Copyright Office seeks to protect?
How do the reforms proposed ignore the realities of the Internet?
And why are so many commentors to Virtual Legality going to be so disappointed?
Be careful what you wish for...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/20FmZXvKExU
Discussed in this episode:
"Section 512 of title 17: A Report of the Register of Copyrights" May 2020 https://www.copyright.gov/policy/section512/section-512-full-report.pdf
"Maria Strong" US Copyright Office Webpage https://www.copyright.gov/about/leadership/maria-strong.html
"US Copyright Office to Denizens of the Internet..." Tweet - May 21, 2020 - Hoeg Law (@HoegLaw) https://twitter.com/HoegLaw/status/1263520787010641931
"Tweet complaining about DMCA takedown abuse gets hit with DMCA takedown" The Verge - April 2019 - Jon Porter https://www.theverge.com/2019/4/15/18311091/piracy-tweet-dmca-takedown-request-starz-eff-american-gods
"Last of Us Leak Legalities" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-ULKii2yP9AY-Emo1_G8xN
"This is the quote tweet that got DMCA'd." Tweet - May 21, 2020 - Kaleb (@KalebPrime) https://twitter.com/KalebPrime/status/1263561262832762886
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
The saga of Sony and Naughty Dog's "Last of Us Part II" DMCA takedown and copyright claim extravaganza gets an unexpected sequel (!) as Sony turns its eye towards more DMCA "use", this time on Twitter.
How does Sony's DMCA takedown approach on Twitter mirror so much of what it attempted to do on YouTube?
How are Twitter's own policies helping to aid Sony in its quest?
Why is Sony's approach so very dangerous to the very concept of free speech?
And just why isn't anyone covering this all, anyway?
We pick up where we left off...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/SqpES2LePvQ
(DON'T GET CHEEKY SONY) - Thumbnail/Video Screenshot from: “The Last of Us Part II | Release Date Reveal Trailer | PS4” YouTube Video – September 24, 2019 – PlayStation Europe https://youtu.be/XvG-EpPoCCA
Discussed in this episode:
"Last of Us Copyright Claim Finale: Sony Surrenders (VL227)" YouTube Video - May 18, 2020 - Hoeg Law https://youtu.be/nB3s4AszRdM
"Pick up where we left off..." Tweet - May 21, 2020 - Naughty Dog (@Naughty_Dog) https://twitter.com/Naughty_Dog/status/1263526106700738560
"Testing, testing..." Tweet - May 20, 2020 - Twitter (@Twitter) https://twitter.com/Twitter/status/1263145271946551300
"Naughty Dog Is Using Twitter's Newest Feature to Fight Last of Us 2 Spoilers" IGN - May 21, 2020 - Matt Kim https://www.ign.com/articles/last-of-us-part-2-twitter-spoilers-naughty-dog
"Last of Us Leak Legalities" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-ULKii2yP9AY-Emo1_G8xN
"I think it really goes well with the rampant DMCA takedown abuse." Tweet - May 21, 2020 - Hoeg Law (@HoegLaw) https://twitter.com/HoegLaw/status/1263606738403631110
"Your Account Has Been Locked" Twitter Notification https://twitter.com/DDayCobra/status/1263263068810813441
"This is the quote tweet that got DMCA'd." Tweet - May 21, 2020 - Kaleb (@KalebPrime) https://twitter.com/KalebPrime/status/1263561262832762886
"Subject matter of copyright: In general" 17 USC 102 https://www.law.cornell.edu/uscode/text/17/102
"Copyright policy" Twitter Help Center https://help.twitter.com/en/rules-and-policies/copyright-policy
"I don’t really blame them?" Tweet - May 21, 2020 - The Dad Who Laughs (@mistermegative) https://twitter.com/mistermegative/status/1263623519180656640
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
The world of YouTube contains everything from your favorite lawyer's legal analysis to your favorite personality's...viewing of television episodes. But in many cases, the latter can run into just a bit of trouble with some of the law's more complicated concepts.
Join us as we dive into a discussion of your face (yes yours!), and why even YouTubers with subscriber numbers as significant as Suzy Lu's still don't own a copyright therein.
It's time to face the facts...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/7MGhoCOaBsU
Discussed in this episode:
"Suzy Lu, Copyright, and the Law's Problem with "Reactions" (VL223)" YouTube Video - May 13, 2020 - Hoeg Law https://youtu.be/YqtNzodB-u4
"Suzy Lu Copyright Striking Channels "Her Face is Copyright" Reddit Post - March 17, 2019 https://www.reddit.com/r/DeFranco/comments/b26gyc/suzy_lu_copyright_striking_channels_her_face_is/
"What Does Copyright Protect?" US Copyright Office Webpage https://www.copyright.gov/help/faq/faq-protect.html
"Subject matter of copyright: In general" 17 USC 102 https://www.law.cornell.edu/uscode/text/17/102
"The Compendium of U.S. Copyright Office Practices: Chapter 300" https://www.copyright.gov/comp3/chap300/ch300-copyrightable-authorship.pdf
California Code, Civil Code - CIV § 3344 (Rights of Publicity) https://codes.findlaw.com/ca/civil-code/civ-sect-3344.html
"California Right of Publicity Law" Digital Media Law Project https://www.dmlp.org/legal-guide/california-right-publicity-law
"Laws v. Sony Music Entertainment, Inc." 294 F. Supp 2d 1160 (C.D. Cal. 2003) https://law.justia.com/cases/federal/district-courts/FSupp2/294/1160/2570895/
"Limitations on liability relating to material online" 17 USC 512 (DMCA) https://www.law.cornell.edu/uscode/text/17/512
"Copyright Infringement Notification Requirements" YouTube Help Page https://support.google.com/youtube/answer/6005900
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
When a major third party video game publisher deigns to change its mandatory terms of use, the gaming community takes notice.
But while dripping in legalese, and with stylistic choices I would (most definitely) not recommend, the truth of Ubisoft's new Terms of Use document is not nearly as apocalyptic as some fear.
Contract interpretation is not for the faint of heart...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/OaS_XnDAPYE
Discussed in this episode:
"Ubisoft updated their terms of service..." Tweet - May 20, 2020 - Upper Echelon Gaming (@UE_UpperEchelon) https://twitter.com/UE_UpperEchelon/status/1263161053132849152
"[Hoeg Law] have you heard/talked about it?" Tweet - May 20, 2020 - Remaxter (@Remaxter1) https://twitter.com/Remaxter1/status/1263169292884992000
"[Hoeg Law] can you look at the terms of service for ubisoft's uplay?" Tweet - May 20, 2020 - Lord Farquad (@LordFar78254431) https://twitter.com/LordFar78254431/status/1263171071349579779
"[Hoeg Law], curious if you've seen or have a video planned to discuss the changes to Ubisoft's TOS agreement..." Tweet - May 20, 2020 - Zylo WolfBane (@ZyloWolfBane) https://twitter.com/ZyloWolfBane/status/1263164414942826497
"Ubisoft Owns Your Soul - Terms of Service Update" YouTube Video - May 20, 2020 - Upper Echelon Gamers https://youtu.be/4MdxFitwEj4
"UBISOFT TERMS OF USE" Updated May 12, 2020 https://legal.ubi.com/termsofuse/en-US
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Ending as quickly as it began, Alibaba and Ejoy.com have terminated "Area F2", the mobile clone of Rainbow Six: Siege that Ubisoft accused of being a bit closer to illegal infringement.
But what did Area F2 have to say about the closure?
How were Google and Apple used by Ubisoft to achieve this result?
And what can we assume about the future from the facts of this case?
The power of retail is undiminished...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/RkMAJvx5DJg
FOR THE FIRST OF THIS TWO PART SERIES:
"They’re Suing Who? A Lawyer Looks at Ubisoft's Siege of Google/Apple (VL228)" YouTube Video - May 19, 2020 - Hoeg Law https://youtu.be/R_DRTXbeE_g
Discussed in this episode:
"Ubisoft Sues Apple, Google Over Alibaba’s Rainbow Six “Ripoff”" Bloomberg - May 15, 2020 - Edvard Pettersson https://www.bloomberg.com/news/articles/2020-05-16/ubisoft-sues-apple-google-over-alibaba-s-rainbow-six-ripoff
""Area F2" SUED as mobile RIPOFF of Rainbow 6 Siege" YouTube Video - May 18, 2020 - Lawful Masses with Leonard French https://youtu.be/FpSrazubI-U
"I guess it's over." Tweet - May 20, 2020 - S-1 (@Somebodyfoil) https://twitter.com/Somebodyfoil/status/1263090363230834688
"Ubisoft sues Apple and Google over Rainbow Six: Siege clone" GameDailyBiz - May 18, 2020 - Sam Desatoff https://gamedaily.biz/article/1745/ubisoft-sues-apple-and-google-over-rainbow-six-siege-clone
"Service Closure Announcement" Area F2 Webpage - May 20, 2020 https://www.areaf2.com/pc/news/news.html?ln=EN&id=5437
"Service Closure Announcement for Players" Area F2 Webpage - May 20, 2020 https://www.areaf2.com/pc/news/news.html?ln=EN&id=5594
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Fans of "Tom Clancy's Rainbow Six: Siege", Ubisoft's ode to the internal psychological struggles arising out of the complex terrorist/law enforcement relationship, may have found themselves delighted by the release of Ejoy.com's "Area F2", a game which very clearly "took inspiration" from its urban combat loving predecessor.
But where some might see inspiration, Ubisoft sees actionable copyright infringement. For the law may not protect ideas, but it does protect against expressions of those ideas that are "substantially similar" to what came before.
So why didn't Ubisoft sue the creator of the game (or Alibaba, its owner)?
How does suing Apple and Google (the stores that sell the game) make their case that much more difficult to maintain?
And if Ubisoft has a case, just why are there so many clones out there anyway?
With deep pockets come many, many lawyers...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/R_DRTXbeE_g
Discussed in this episode:
"Ubisoft Sues Apple, Google Over Alibaba’s Rainbow Six “Ripoff”" Bloomberg - May 15, 2020 - Edvard Pettersson https://www.bloomberg.com/news/articles/2020-05-16/ubisoft-sues-apple-google-over-alibaba-s-rainbow-six-ripoff
"Ubisoft sues Apple and Google over Rainbow Six: Siege clone" GameDailyBiz - May 18, 2020 - Sam Desatoff https://gamedaily.biz/article/1745/ubisoft-sues-apple-and-google-over-rainbow-six-siege-clone
Alibaba Group Website https://www.alibabagroup.com/en/global/home
"Rainbow Six Siege VS Area F2 | Comparison - Which is the Best" YouTube Video - April 22, 2020 - NickySan https://youtu.be/N-DGwzHKgDc
"What Does Copyright Protect?" US Copyright Office Webpage https://www.copyright.gov/help/faq/faq-protect.html
"Case: Atari v. Amusement World (C) [D. Md.] 1981" Case Summary - Patent Arcade - April 12, 2005 http://patentarcade.com/2005/04/case-atari-v-amusement-world-c-d-md.html
Spry Fox, LLC v LOLApps, Inc. (Triple Town v Yeti Town) Case No. C12-147RAJ (September 18, 2012) https://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1150&context=historical
"Spry Fox wins ownership of Yeti Town as part of Triple Town settlement" GamesIndustryBiz - October 15, 2012 - Dan Pearson https://www.gamesindustry.biz/articles/2012-10-15-spry-fox-wins-ownership-of-yeti-town-as-part-of-triple-town-settlement
"Secondary Infringement" Justia Article https://www.justia.com/intellectual-property/copyright/infringement/secondary-infringement/
Erickson Productions v Kast No. 15-16801 (April 16, 2019 - 9th Cir.) http://cdn.ca9.uscourts.gov/datastore/opinions/2019/04/16/15-16801.pdf
"Limitations on liability relating to material online" 17 USC 512 (DMCA) https://www.law.cornell.edu/uscode/text/17/512
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
The saga of Sony and Naughty Dog's "Last of Us Part II" DMCA takedown and copyright claim extravaganza comes to an end as Sony and Muso Limited (it's copyright strike proxy) propose a settlement with the affected YouTube content creators.
What are the terms of the proposed settlement?
Why do I characterize this move as a surrender by Sony?
How might the affected YouTubers decide to be cheeky with respect to Sony's request?
And what of the claim that started it all, that Geeks and Gamers had a live-stream struck which included no leaked materials?
Just because its over doesn't make it right...in Virtual Legality.
(DON'T GET CHEEKY SONY) - Thumbnail/Video Screenshot from: “The Last of Us Part II | Release Date Reveal Trailer | PS4” YouTube Video – September 24, 2019 – PlayStation Europe https://youtu.be/XvG-EpPoCCA
CHECK OUT THE VIDEO AT: https://youtu.be/nB3s4AszRdM
Discussed in this episode:
"Sony’s New Strategy? Have YouTube Run Out the Clock (VL224)" YouTube Video - May 14, 2020 - Hoeg Law https://youtu.be/VtWQ-1Ttodc
"Naughty Dog RESPONDS To The Strike Against My Channel" YouTube Video - May 16, 2020 - Hoeg Law https://youtu.be/WWvtEONwtm8
"Sony, Muso, and Angry Joe: Last of Us Leak Legalities (Pt. 5) (VL221)" YouTube Video - May 11, 2020 - Hoeg Law https://youtu.be/xSIIye34tX4
"Sony / Naughty Dog Reach Out To Make An Offer | Will My Last Of Us 2 Strikes Go Away?!?" YouTube Video - May 16, 2020 - Ryan Kinel - RK Outpost https://youtu.be/pcwKNy7XPn8
"Is Sony Illegally Using the DMCA to Muzzle Last of Us Leaks? (VL215)" YouTube Video - April 30, 2020 - Hoeg Law https://youtu.be/xMIOZEMKXVU
"Last of Us Leaks: Counters, Fair Use, and Unpublished Works (VL217)" YouTube Video - May 4, 2020 - Hoeg Law https://youtu.be/NzNHDz_ys5s
"Precedent Lost: Why Encourage Settlement, and Why Permit Non-party Involvement in Settlements?" Notre Dame Law Review (Vol. 75:1) (1999) - Leandra Lederman https://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1548&context=facpub
"Linking to Copyrighted Materials" Digital Media Law Project Website https://www.dmlp.org/legal-guide/linking-copyrighted-materials
Tarintino v Gawker CV 14-603-JFW (APril 22, 2014) https://www.shadesofgraylaw.com/media/00041943.pdf
"I'm still waiting for you to respond" Image attached to Tweet - May 16, 2020 - Jeremy Prime (@DDayCobra) https://twitter.com/DDayCobra/status/1261770450528604160
"Dear Geeks+Gamers" Image attached to Tweet - May 18, 2020 - Jeremy Prime (@DDayCobra) https://twitter.com/DDayCobra/status/1262304707609051136
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
The saga of Sony and Naughty Dog's "Last of Us Part II" DMCA takedown and copyright claim extravaganza concludes (?) as we once again look into the case of YouTuber HeelvsBabyface (and compatriot JustSomeGuy), who has had the copyright claims placed against him lifted, not even two days after Sony rejected his dispute and looked like they were going to take the process all the way to the end of the line.
But is this a victory for the content creators...or something else?
Sometimes the other side doesn't do what you expect...in Virtual Legality.
(DON'T GET CHEEKY SONY) - Thumbnail/Video Screenshot from: “The Last of Us Part II | Release Date Reveal Trailer | PS4” YouTube Video – September 24, 2019 – PlayStation Europe https://youtu.be/XvG-EpPoCCA
CHECK OUT THE VIDEO AT: https://youtu.be/-1oqVDyk3jU
Discussed in this episode:
"Sony DROP Copyright Claims on The Last of Us Part II Leaks Video!!" Tweet - May 15, 2020 - Heel vs Babyface (@heelvsbabyface) https://twitter.com/heelvsbabyface/status/1261479773777338368
"I sent YouTube that video. That may be one of the reasons the video went live." Tweet - May 15, 2020 - Just Some Guy (@justsomeguycc) https://twitter.com/justsomeguycc/status/1261383953811795968
"Sony DROP Copyright Claims on The Last of Us Part II Leaks Video!!" YouTube Video - May 15, 2020 - HeelvsBabyface https://youtu.be/JrvWwL_ioqk
"Sony’s New Strategy? Have YouTube Run Out the Clock (VL224)" YouTubeVideo - May 14, 2020 - Hoeg Law https://youtu.be/VtWQ-1Ttodc
""Dispute a Content ID claim" YouTube Help Page https://support.google.com/youtube/answer/2797454
"Submit a copyright counter notification" YouTube Help Page https://support.google.com/youtube/answer/2807684
"I sent a counterclaim on May 4th - I've heard nothing back." Tweet - May 15, 2020 - Jeremy Prime ( @DDayCobra ) https://twitter.com/DDayCobra/status/1261429547460816896
"[Naughty Dog] just hit [Geeks and Gamers] with a Digital Millennium Copyright Act (DMCA) for a meme!" Tweet - May 15, 2020 - Geeks + Gamers (@GeeksGamersCom) https://twitter.com/GeeksGamersCom/status/1261431381327900672
"Naughty Dog Has Hit Me With 21 DMCA Takedowns..." Tweet - May 14, 2020 - The Quartering (@TheQuartering) https://twitter.com/TheQuartering/status/1260985919051628544
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
By now regular visitors to Virtual Legality know that software is not purchased, only licensed out, and that game developers/publishers (as well as other media creators) retain vast rights to restrict or otherwise change the experience of their creations even after purchase.
But with Destiny 2 now taking steps to make obsolete much of what its players spent years (and hundreds of dollars) obtaining, and Bethesda/Zenimax installing kernel level invisible programs (in this case, Denuvo "Anti-Cheat") onto unsuspecting players' operating systems, now seems like a good time to revisit the present state of affairs.
Seems that making things worse will never be an obsolete design...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/JQb48KT1Jus
Discussed in this episode:
"Bungie is poised to controversially sunset Destiny 2 gear as seasons progress" Destructoid - May 15, 2020 - Chris Carter https://www.destructoid.com/bungie-is-poised-to-controversially-sunset-destiny-2-gear-as-seasons-progress-591016.phtml
"THIS WEEK AT BUNGIE – 5/14/2020" Bungie Webpage https://www.bungie.net/en/Explore/Detail/News/49027
"Planned obsolescence" Wikipedia Entry https://en.wikipedia.org/wiki/Planned_obsolescence
"Limited Software License Agreement" Destiny 2 - Bungie Website - Last updated March 6, 2020 https://www.bungie.net/7/en/Legal/SLA
"[Hoeg Law] any thoughts on this situation?" Tweet - May 15, 2020 - Lewie Procter (@LewieP) https://twitter.com/LewieP/status/1261284799098114049
"Doom Eternal update adds controversial Denuvo Anti-Cheat" PC Guide - May 15, 2020 - Lewie Procter https://www.pcguide.com/news/doom-eternal-update-adds-controversial-denuvo-anti-cheat/
"Denuvo Anti-Cheat goes LIVE! A message to DOOM Eternal fans and gamers" Irdeto Perspective (Company Blog) https://blog.irdeto.com/2020/05/14/denuvo-anti-cheat-goes-live-a-message-to-doom-eternal-fans-and-gamers/
"Doom Eternal's first update includes Denuvo Anti-Cheat" PC Gamer - May 15, 2020 - Fraser Brown https://www.pcgamer.com/doom-eternals-first-update-includes-denuvo-anti-cheat/
"DOOM Eternal EULA" https://bethesda.net/en/eulas/doom-eternal
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
The saga of Sony and Naughty Dog's "Last of Us Part II" DMCA takedown and copyright claim extravaganza continues as we follow-up our earlier look at the case of one YouTuber, HeelvsBabyface, who won a short-lived reprieve from the Copyright Strike issued against him... only to have Sony use every tool in the YouTube tool belt to try to keep him quiet.
But why is the process used by Sony here so problematic?
And why does YouTube allow for 70 days of takedown uncertainty, when the DMCA only really provides for 10?
They may not want to go to court, but they sure as hell want some silence...in Virtual Legality.
(DON'T GET CHEEKY SONY) - Thumbnail/Video Screenshot from: “The Last of Us Part II | Release Date Reveal Trailer | PS4” YouTube Video – September 24, 2019 – PlayStation Europe https://youtu.be/XvG-EpPoCCA
CHECK OUT THE VIDEO AT: https://youtu.be/VtWQ-1Ttodc
Discussed in this episode:
"OK folks we're in interesting territory now." Tweet - May 13, 2020 - Heel vs Babyface (@heelvsbabyface) https://twitter.com/heelvsbabyface/status/1260679652470915082
"Last of Us Leaks (Pt. 4): DMCA Deficiencies and Manual Claim Madness (VL218)" YouTube Video - May 5, 2020 - Hoeg Law https://youtu.be/r7ztemzr6dw
"NAUGHTY DOG/SONY Forced to RELEASE Copyright Claim Against ME!!!" YouTube Video - May 5, 2020 - HeelvsBabyface https://youtu.be/uFLbllCVBB0
"SONY Want Me to be SILENT or Take Me to COURT over my The Last of Us Part II Leaks Video!!" YouTube Video - May 13, 2020 - HeelvsBabyface https://youtu.be/AuGwnd0MEh4
"What is a Content ID claim?" YouTube Help Page https://support.google.com/youtube/answer/6013276
"Dispute a Content ID claim" YouTube Help Page https://support.google.com/youtube/answer/2797454
"What is a Manual Claim?" YouTube Help Page https://support.google.com/youtube/answer/9374251?hl=en&ref_topic=9282678
"Limitations on exclusive rights: Fair use" 17 USC 107 https://www.law.cornell.edu/uscode/text/17/107
"Limitations on liability relating to material online" 17 USC 512 (DMCA) https://www.law.cornell.edu/uscode/text/17/512
"Submit a copyright counter notification" YouTube Help Page https://support.google.com/youtube/answer/2807684?hl=en
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
The world of YouTube contains everything from your favorite lawyer's legal analysis to your favorite personality's...viewing of television episodes. But in each case, the nature of YouTube and copyright law depends on the application of the fair use doctrine. And some uses are clearly more "fair" than others.
Join us as we dive into a discussion of video reaction channels, precipitated by what appears to have been some Sony-esque DMCA usage by a YouTube Channel known as "Suzy Lu".
With a Hat Tip to Rachael Messer at the Rachael Messer Gaming Channel (links below) for prompting us to discuss the issue.
Reaction channels probably shouldn't be asking for increased DMCA scrutiny...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/YqtNzodB-u4
Discussed in this episode:
"Anime Voice Actor/ The Suzy Lu Issue" YouTube Video - May 6, 2020 - Rachael Messer Gaming https://youtu.be/Cwuacd3qMZs
"I would love to see [Hoeg Law] cover the anime reactions, suzy lu, and the striking of channels." Tweet - May 8, 2020 - Rachael Messer (Home Studio) (@rachaelmesser) https://twitter.com/rachaelmesser/status/1258929398897664000
"Anime Voice Actor/ Suzy Lu Part 2" YouTube Video - May 12, 2020 - Rachael Messer Gaming https://youtu.be/RrY6wQvj04I
"Kakashi Chronicles 😢 - Boys' Life on the Battlefield - Part 2 | Suzy Lu Reacts" YouTube Video - April 27, 2020 - Suzy Lu https://youtu.be/1p3mU-Z_B5Q
Naruto Homepage https://www.viz.com/naruto
"Last of Us Leak Legalities" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-ULKii2yP9AY-Emo1_G8xN
"Exclusive rights in copyrighted works" 17 USC 106 https://www.law.cornell.edu/uscode/text/17/106
"Limitations on exclusive rights: Fair use" 17 USC 107 https://www.law.cornell.edu/uscode/text/17/107
"YouTube’s “MxR Plays”: Fair Use, Extortion, and the Muddy Middle of Copyright (VL155)" YouTube Video - January 10, 2020 - Hoeg Law https://youtu.be/VtV_nYZT-mg
"More Information on Fair Use" US Copyright Office Webpage https://www.copyright.gov/fair-use/more-info.html
"HOSSEINZADEH v. KLEIN" 276 F. Supp. 3d 34 (S.D.N.Y. 2017) https://casetext.com/case/hosseinzadeh-v-klein-1
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
When major plot points, screenshots, and cinematic cut-scenes from the much anticipated Sony/Naughty Dog exclusive "Last of Us Part II" were leaked, many started speculating on the reason. Was this a group of black hat hackers? Industrial Sabotage? Or as an anonymous Reddit post would suggest, did the leaks all tie back into the difficult working and crunch-like conditions reported at developer Naughty Dog?
When Sony finally released a statement disavowing any affiliation between the "primary individuals responsible" and either Sony or Naughty Dog, many felt the issue was put to rest, while others felt that Sony was lying.
But while both sides may be wrong (in part), they are also right (in part). Join us as we dive into the perilous and fun-filled world of major corporate messaging.
You can spin a web without ever lying...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/w7Gfapv-QOU
(DON'T GET CHEEKY SONY) - Thumbnail/Video Screenshot from: “The Last of Us Part II | Release Date Reveal Trailer | PS4” YouTube Video – September 24, 2019 – PlayStation Europe https://youtu.be/XvG-EpPoCCA
Discussed in this episode:
"Hey Hoeg, I've seen a fair amount of people speculating..." Tweet - May 10, 2020 - Joseph La Russa (@Joseph_La_Russa) https://twitter.com/Joseph_La_Russa/status/1259355131373662217
"Sony says it knows who leaked The Last of Us Part 2" Polygon - May 1, 2020 - Patricia Hernandez https://www.polygon.com/2020/5/1/21244288/the-last-of-us-2-leak-source-sony-ending-ellie-joel
"Last Of Us II Leakers Are 'Not Affiliated' With Naughty Dog, Sony Says" Kotaku - May 1, 2020 - Ethan Gach https://kotaku.com/last-of-us-ii-leaker-didn-t-work-at-naughty-dog-sony-s-1843201207
"Invest in Sony" Sony Investor Relations Webpage https://www.sony.net/SonyInfo/IR/invest/
"Earnings Releases and Earnings Calls" https://www.whitecase.com/sites/whitecase/files/files/download/publications/article-earnings-releases-and-earnings-calls.pdf
"FY2019 Earnings Announcement" Sony Investor Relations Webpage https://www.sony.net/SonyInfo/IR/library/presen/er/
"Employment of manipulative and deceptive devices" 17 CFR 240.10b-5 https://www.law.cornell.edu/cfr/text/17/240.10b-5
"Nintendo Wins Lawsuit Against California Man who Allegedly Sold Nintendo Switch Mods and Pirated Games" MXDWN - January 3, 2020 - Madison Foote https://games.mxdwn.com/news/nintendo-wins-lawsuit-against-california-man-who-allegedly-sold-nintendo-switch-mods-and-pirated-games/
"Hackers Are Likely Responsible For The Last Of Us Part II Leak" Kotaku - May 3, 2020 - Stephen Totilo https://kotaku.com/hackers-are-likely-responsible-for-the-last-of-us-ii-le-1843230805
"Airbus Statement on Cyber Incident" January 30, 2019 https://info.secureworldexpo.com/hubfs/Airbus-Hack-Statement.pdf
"Last of Us Legalities" Playlist YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-ULKii2yP9AY-Emo1_G8xN
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
When major plot points, screenshots, and cinematic cut-scenes from the much anticipated Sony/Naughty Dog exclusive "Last of Us Part II" were leaked, a company by the name of Muso TNT, Ltd. took drastic legal action, even against YouTubers, Redditors, and others who used none of the leaked assets.
But while some (like YouTube's "Angry Joe") might think the use of a third party acting as "copyright police" agent absolves Sony or Naughty Dog of the wrongdoing committed on their behalf, the law, as always, is more complicated than that.
It's principals disregarding their principles today...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/xSIIye34tX4
With special thanks to @AngryJoeShow, a channel with far more reach than us, for discussing the issue in the first place. We just want to encourage folks to be as accurate as possible in the discussion.
(DON'T GET CHEEKY SONY) - Thumbnail/Video Screenshot from: “The Last of Us Part II | Release Date Reveal Trailer | PS4” YouTube Video – September 24, 2019 – PlayStation Europe https://youtu.be/XvG-EpPoCCA
Discussed in this episode:
"The Last of Us Part II Official Story Trailer - Angry Reaction! NO SPOILERS" YouTube Video - May 6, 2020 - AngryJoeShow https://youtu.be/JKyj2XwZ8gE
Angry Joe YouTube Channel https://www.youtube.com/channel/UCsgv2QHkT2ljEixyulzOnUQ
"The Last of Us Part II Spoilers Discussion & Copyright Abuse! - Angry Rant!" YouTube Video - May 2, 2020 - AngryJoeShow https://youtu.be/FeqKwePz_Gk
MUSO Website https://www.muso.com/
"WELP. I got a strike for showing memes." Tweet - May 6, 2020 - appabend (@appabend451) https://twitter.com/appabend451/status/1257946950076215296
"Limitations on liability relating to material online" 17 USC 512 (DMCA) https://www.law.cornell.edu/uscode/text/17/512
YouTube Copyright Complaint Form https://www.youtube.com/copyright_complaint_form
"LECTURE NOTES FOR RESTATEMENTS OF THE LAW" http://www.kentlaw.edu/academics/lrw/tutorials/restate.htm
"Ch. 7: Torts-Liability of Agent & Principal" Restatment (3rd) of Agency https://sites.google.com/site/kubusinessassociations/rest-3d-of-agency/ch-7-torts-liability-of-agent-principal
"Last of Us Legalities" Playlist YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy-ULKii2yP9AY-Emo1_G8xN
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
2020 has proven to be a very interesting time to try to launch new video game consoles, as both Microsoft and Sony are finding out.
But where Microsoft's Xbox Series X project has perhaps seemed the more focused and consumer ready since the end of last year, it's clear that properly setting consumer expectations for the product roll-out has been (and may well continue to be) a problem for both console manufacturers.
Never set expectations you can't meet...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/RGZjCr7QNIE
Discussed in this episode:
"Tomorrow changes the game." Tweet - May 6, 2020 - Xbox (@Xbox) https://twitter.com/Xbox/status/1258154592560275456
"We have too much to show/reveal..." Tweet - May 5, 2020 - Aaron Greenberg (@aarongreenberg) https://twitter.com/aarongreenberg/status/1257683075296686080
"Boot up Xbox 20/20..." Tweet - May 5, 2020 - Xbox (@Xbox) https://twitter.com/Xbox/status/1257658329314123776
"Don't miss #InsideXbox..." Tweet - May 6, 2020 - Ubisoft (@Ubisoft) https://twitter.com/Ubisoft/status/1258064500785319936
"Xbox 20/20: Join Us as We Look into the Future of Xbox" XBox Wire - May 5, 2020 - Jerret West https://news.xbox.com/en-us/2020/05/05/xbox-2020-the-future-of-xbox/
"Assassin’s Creed Valhalla: First Look Gameplay Trailer | Ubisoft NA" YouTube Video - May 7, 2020 - Xbox https://youtu.be/ach9vZJyF24
"Hello all [Red heart]. You rightfully expected to see more today." Tweet - May 7, 2020 - Ashraf Ismail (@AshrafAlsmail) https://twitter.com/AshrafAIsmail/status/1258539675947429889
"Xbox Smart Delivery: Everything you need to know" CNET - May 7, 2020 - Shelby Brown https://www.cnet.com/how-to/xbox-smart-delivery-everything-you-need-to-know/
"Also announced that Madden will support Smart Delivery (or its analogue)..." Tweet - May 7, 2020 - Hoeg Law (@Hoeglaw) https://twitter.com/HoegLaw/status/1258414880824139782
"First Look Xbox Series X Gameplay" YouTube Video - May 7, 2020 - Xbox https://youtu.be/XCTPu1aUsTE
"Madden NFL 21 Will Make Players Feel Next Level on Xbox Series X" Xbox Wire - May 7, 2020 - Will Alexander https://news.xbox.com/en-us/2020/05/07/madden-nfl-21-next-level-on-xbox-series-x/
"Madden 21 shows that cross-gen gaming on Xbox Series X and PS5 could be messy" The Verge - May 7, 2020 - Chaim Gartenberg https://www.theverge.com/2020/5/7/21250686/ea-madden-nfl-21-cross-gen-gaming-xbox-series-x-upgrade-one-ps5
"Expectations are perhaps the biggest reason why someone winds up feeling good or bad about...really anything." Tweet - May 7, 2020 - Hoeg Law (@HoegLaw) https://twitter.com/HoegLaw/status/1258440564095307777
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Facebook, wracked by content moderation controversies for years, has adopted one of the most unusual corporate governance models of the model era: an "independent" oversight board, funded by the company, but otherwise operating outside of its control. Or is it?
The devil is in the details...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/I1I8K8maBQ8
Discussed in this episode:
"Who Ultimately Decides What Content Is Removed From Facebook? Now We Do" New York Times - May 6, 2020 https://www.nytimes.com/2020/05/06/opinion/facebook-oversight-board.html
"Facebook’s oversight board could bring a justice system to a platform that needs one" The Verge - September 18, 2019 - Casey Newton https://www.theverge.com/interface/2019/9/18/20870605/faceboook-oversight-board-charter-justice-system
"Facebook’s commitment to the Oversight Board" Facebook - September 17, 2019 - Mark Zuckerberg https://about.fb.com/wp-content/uploads/2019/09/letter-from-mark-zuckerberg-on-oversight-board-charter.pdf
"Oversight Board Charter" https://about.fb.com/wp-content/uploads/2019/09/oversight_board_charter.pdf
"Facebook Community Standards" https://www.facebook.com/communitystandards/
"Global Feedback & Input on the Facebook Oversight Board for Content Decisions" https://fbnewsroomus.files.wordpress.com/2019/06/oversight-board-consultation-report-2.pdf
"Guiding Principles on Business and Human Rights" United Nations 2011 https://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf
"THE INTERNATIONAL BILL OF HUMAN RIGHTS" https://www.ohchr.org/documents/publications/compilation1.1en.pdf
"UNITED NATIONS STRATEGY AND PLAN OF ACTION ON HATE SPEECH" May 2019 https://www.un.org/en/genocideprevention/documents/UN%20Strategy%20and%20Plan%20of%20Action%20on%20Hate%20Speech%2018%20June%20SYNOPSIS.pdf
"Protection for private blocking and screening of offensive material" 47 USC 230 (CDA 230) https://www.law.cornell.edu/uscode/text/47/230
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
The saga of Sony and Naughty Dog's "Last of Us Part II" DMCA takedown extravaganza continues as we look at the case of one YouTuber, HeelvsBabyface, who has won at least a short-lived reprieve from the Copyright Strike that had been issued against his channel.
What argument did he use to win the day (at least for now)?
Why would you have already known about it if you follow Virtual legality?
And why does it ultimately not matter in the face of YouTube's review period for Manual Copyright Claims (rather than strikes)?
Turns out the process is the punishment...in Virtual Legality.
(DON'T GET CHEEKY SONY) - Thumbnail/Video Screenshot from: “The Last of Us Part II | Release Date Reveal Trailer | PS4” YouTube Video – September 24, 2019 – PlayStation Europe https://youtu.be/XvG-EpPoCCA
CHECK OUT THE VIDEO AT: https://youtu.be/r7ztemzr6dw
Discussed in this episode:
"NAUGHTY DOG/SONY Forced to RELEASE Copyright Claim Against ME!!!" YouTube Video - May 5, 2020 - HeelvsBabyface https://youtu.be/uFLbllCVBB0
"Last of Us Leaks: Counters, Fair Use, and Unpublished Works (VL217)" YouTube Video - May 4, 2020 - Hoeg Law https://youtu.be/NzNHDz_ys5s
"Limitations on liability relating to material online" 17 USC 512 (DMCA) https://www.law.cornell.edu/uscode/text/17/512
"The current state of YouTube and the DMCA." Tweet - May 5, 2020 - Hoeg Law (@HoegLaw) https://twitter.com/HoegLaw/status/1257761070904676355
"Content eligible for Content ID" YouTube Help Page https://support.google.com/youtube/answer/2605065
"Content eligible for Content ID" YouTube Help Page https://support.google.com/youtube/answer/2605065
"What is a Manual Claim?" YouTube Help Page https://support.google.com/youtube/answer/9374251?hl=en&ref_topic=9282678
"Dispute a Content ID claim" YouTube Help Page https://support.google.com/youtube/answer/2797454
"Sony's delayed Last of Us 2 set for June release after story leaks" BBC Website - April 28, 2020 https://www.bbc.com/news/technology-52453292
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
With Sony (and its proxies) issuing DMCA takedown notices left and right for seemingly every little discussion of "Last of Us Part II" leaks, we turn to the role of the DMCA's counter notification process and its failures to correct clear abuses. A role furthered by YouTube's imbalanced requirement that content creators double as copyright lawyers in order to dispute the same.
We also look at the nature of the "fair use" balancing test, and how it will not be a silver bullet for either side, regardless of the unpublished or stolen nature of the materials in question.
The law most certainly isn't always "fair"...in Virtual Legality.
(DON'T GET CHEEKY SONY) - Thumbnail/Video Screenshot from: “The Last of Us Part II | Release Date Reveal Trailer | PS4” YouTube Video – September 24, 2019 – PlayStation Europe https://youtu.be/XvG-EpPoCCA
CHECK OUT THE VIDEO AT: https://youtu.be/NzNHDz_ys5s
Discussed in this episode:
"Is Sony Illegally Using the DMCA to Muzzle Last of Us Leaks? (VL215)" YouTube Video - April 30, 2020 - Hoeg Law https://youtu.be/xMIOZEMKXVU
"Last of Us Leak Follow-Up: A History of Legal Violence (VL216)" YouTube Video - May 2, 2020 - Hoeg Law https://youtu.be/_0B2Gfw6hfQ
"Never Give Up, Never Surrender" YouTube Video - April 30, 2020 - Geeks + Gamers https://youtu.be/vBlIyu1ECvM
"Offffffft" Tweet - May 3, 2020 - Lethal 214 Lighning (@LethalLightnin) https://twitter.com/LethalLightnin/status/1257087102656712704
"Naughty Dog has filled a false DMCA on me." Tweet - April 30, 2020 - mirta000 (@mirta001) https://twitter.com/mirta0001/status/1256023186820472832
"Limitations on liability relating to material online" 17 USC 512 (DMCA) https://www.law.cornell.edu/uscode/text/17/512
"Copyright Infringement Notification Requirements" YouTube Help Page https://support.google.com/youtube/answer/6005900
"Submit a copyright takedown notice" YouTube Help Page https://support.google.com/youtube/answer/2807622
"Youtube won't even submit my counter-claim." Tweet - May 3, 2020 - mirta000 (@mirta001) https://twitter.com/mirta0001/status/1257047708990427136
"Submit a copyright counter notification" YouTube Help Page https://support.google.com/youtube/answer/2807684
"Limitations on exclusive rights: Fair use" 17 USC 107 https://www.law.cornell.edu/uscode/text/17/107
"Salinger v. Random House" 811 F2d 90 (2d Cir. 1987) https://law.justia.com/cases/federal/appellate-courts/F2/811/90/206150/
Public Law 102-492 - Oct. 24, 1992 https://www.govinfo.gov/content/pkg/STATUTE-106/pdf/STATUTE-106-Pg3145.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
With Sony's apparent willingness to issue DMCA takedown notices (and Copyright Strikes) to YouTubers daring to discuss the recent leak of materials from Naughty Dog PS4 exclusive "Last of Us Part II", we turn to reviewing the company's recent history of using the bloody machinery of law to (try to) bend reality to its will.
The last time out? It all started with...an Interview.
"The Last" is unfortunately only the latest...in Virtual Legality.
(DON'T GET CHEEKY SONY) - Thumbnail/Video Screenshot from: “The Last of Us Part II | Release Date Reveal Trailer | PS4” YouTube Video – September 24, 2019 – PlayStation Europe https://youtu.be/XvG-EpPoCCA
CHECK OUT THE VIDEO AT: https://youtu.be/_0B2Gfw6hfQ
Discussed in this episode:
"The Last of Us Part II gets a release date following substantial story leaks" GameDailyBiz - April 27, 2020 - Sam Desatoff https://gamedaily.biz/article/1718/the-last-of-us-part-ii-gets-a-release-date-following-substantial-story-leaks
"Is Sony Illegally Using the DMCA to Muzzle Last of Us Leaks? (VL215)" YouTube Video - April 30, 2020 - Hoeg Law https://youtu.be/xMIOZEMKXVU
"The Last of Us Part 2 leaked online" GamesIndustryBiz - May 1st Update - Haydn Taylor https://www.gamesindustry.biz/articles/2020-04-27-the-last-of-us-part-2-leaked-online
"Sony Got Hacked Hard: What We Know and Don't Know So Far" WIRED - December 3, 2014 - Kim Zetter https://www.wired.com/2014/12/sony-hack-what-we-know/
"RE: Your Possession of Privileged and/or Confidential Information Stolen from Sony Pictures Entertainment" December 14, 2014 - Boies, Schiller, & Flexner LLP https://s3.amazonaws.com/s3.documentcloud.org/documents/1380462/sony-letter.pdf
"Sony Pictures Demands That News Agencies Delete ‘Stolen’ Data" New York Times - December 14, 2014 - Michael Cieply and Brooks Barnes https://www.nytimes.com/2014/12/15/business/sony-pictures-demands-that-news-organizations-delete-stolen-data.html
"Bartnicki v. Vopper" - Summary https://www.oyez.org/cases/2000/99-1687
"Bartnicki v. Vopper' - Case Text 532 US 514 (2001) https://supreme.justia.com/cases/federal/us/532/514/#tab-opinion-1960905
"Sony Threatens to Sue Twitter Unless It Removes Tweets Containing Hacked Emails" VICE - December 22, 2014 - Jason Koebler https://www.vice.com/en_us/article/pgamvv/sony-threatens-to-sue-twitter-unless-it-removes-tweets-containing-hacked-emails
"Protection for private blocking and screening of offensive material" 47 USC 230 https://www.law.cornell.edu/uscode/text/47/230
"Why Publishing Stolen Sony Data Is Problematic but Necessary" Variety - December 11, 2014 - Andrew Wallenstein https://variety.com/2014/biz/opinion/why-publishing-stolen-sony-data-is-problematic-but-necessary-1201377166/
"Exclusive rights in copyrighted works" 17 USC 106 https://www.law.cornell.edu/uscode/text/17/106
"Limitations on exclusive rights: Fair use" 17 USC 107 https://www.law.cornell.edu/uscode/text/17/107
"Limitations on liability relating to material online" 17 USC 512 (DMCA) https://www.law.cornell.edu/uscode/text/17/512
Sony Pictures Entertainment DMCA Claim June 15, 2016 https://lumendatabase.org/notices/12459016#
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
When leaks of major plot points, screenshots, and cinematic cut-scenes from the much anticipated Sony/Naughty Dog exclusive "Last of Us Part II" started being disseminated early this week, there could be little doubt that Sony would take some kind of drastic legal action.
But where Sony would appear to have an undoubtedly legitimate claim against any employee responsible for contract breaches, the legitimacy of that claim falls away entirely when it comes to policing each and every discussion taking place on the Internet.
Is this the "Last of" DMCA abuse? Unfortunately it seems unlikely...in Virtual Legality.
(DON'T GET CHEEKY SONY) - Thumbnail/Video Screenshot from: “The Last of Us Part II | Release Date Reveal Trailer | PS4” YouTube Video – September 24, 2019 – PlayStation Europe https://youtu.be/XvG-EpPoCCA
CHECK OUT THE VIDEO AT: https://youtu.be/xMIOZEMKXVU
Discussed in this episode:
"The Last of Us Part II gets a release date following substantial story leaks" GameDailyBiz - April 27, 2020 - Sam Desatoff https://gamedaily.biz/article/1718/the-last-of-us-part-ii-gets-a-release-date-following-substantial-story-leaks
"I'm not doing anything until I talk to my lawyer about this in the morning." Tweet - April 30, 2020 - Jeremy Prime (@DDayCobra) https://twitter.com/DDayCobra/status/1255764397802360832
"[Naughty Dog] have just copyright struck my Last of Karen video." Tweet - April 30, 2020 - Heel vs Babyface (@heelvsbabyface) https://twitter.com/heelvsbabyface/status/1255909812124160001
"Never Give Up, Never Surrender" YouTube Video - April 30, 2020 - Geeks + Gamers https://youtu.be/vBlIyu1ECvM
"Copyright strike basics" YouTube Help Page https://support.google.com/youtube/answer/2814000?hl=en
"Limitations on liability relating to material online" 17 USC 512 (DMCA) https://www.law.cornell.edu/uscode/text/17/512
"What Does Copyright Protect?" US Copyright Office Webpage https://www.copyright.gov/help/faq/faq-protect.html
"Copyright Infringement Notification Requirements" YouTube Help Page https://support.google.com/youtube/answer/6005900
"Is This YouTube’s Craziest DMCA Abuse Story Yet? (VL164)" YouTube Video - January 31, 2020 - Hoeg Law https://youtu.be/5180odKnWwY
"Copyright Strikes for Explaining Copyright Law? (Virtual Legality #186)" YouTube Video - March 5, 2020 - Hoeg Law https://youtu.be/kF2GMxChNkA
"Exclusive rights in copyrighted works" 17 USC 106 https://www.law.cornell.edu/uscode/text/17/106
"Limitations on exclusive rights: Fair use" 17 USC 107 https://www.law.cornell.edu/uscode/text/17/107
Lenz v Universal 801 F.3d 1126 (2015) https://scholar.google.com/scholar_case?case=12567649168680108221&hl=en&as_sdt=6&as_vis=1&oi=scholarr
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
With theaters across the world closed and movies sitting on shelves, movie studios like Universal, Sony, and Disney have each taken their own approach to navigating the new world order.
Universal, the most aggressive of the three, immediately put its currently available films on in-home streaming (PVOD), and even more aggressively released a theater-bound family film, Trolls: World Tour, without even a day of theatrical exhibition.
It's the latter move that's caused quite the stir, as it's success has caused Universal to at least present as considering whether to upend the current theatrical business model, even for major releases.
A fact that theater chain AMC Entertainment is not at all interested in ignoring...
Trolling someone has never been so "musical"...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/SEyNlPpIwF0
Discussed in this episode:
"AMC Theatres Won’t Play Universal Movies in Wake of ‘Trolls World Tour’ Dispute" Variety - April 28, 2020 - Dave McNary https://variety.com/2020/film/news/amc-theatres-trolls-world-tour-dispute-1234592445/
"Universal Making ‘Invisible Man’, ‘The Hunt’ & ‘Emma’ Available In Home On Friday As Exhibition Braces For Shutdown; ‘Trolls’ Sequel To Hit Cinemas & VOD Easter Weekend" Deadline - March 16, 2020 - Anthony D'Alessandro https://deadline.com/2020/03/coronavirus-trolls-world-tour-invisible-man-the-hunt-emma-debut-on-demand-in-home-theatrical-window-collapse-1202884570/
"‘Trolls World Tour’: Universal PVOD Experiment Racks Up Near Estimated $100M To Date" Deadline - April 28, 2020 - Anthony D'Alessandro https://deadline.com/2020/04/trolls-world-tour-vod-revenue-universal-coronavirus-1202919723/
"AMC Theatres Refuses to Play Universal Films in Wake of 'Trolls World Tour'" The Hollywood Reporter - April 28, 2020 - Pamela McClintock https://www.hollywoodreporter.com/news/amc-theatres-refuses-play-universal-films-wake-trolls-world-tour-1292327
"Coronavirus Pushes AMC Entertainment Closer to Bankruptcy" The Motley Fool - April 13, 2020 - Rich Duprey https://www.fool.com/investing/2020/04/13/coronavirus-pushes-amc-entertainment-closer-to-ban.aspx
"Chapter 11" Investopedia https://www.investopedia.com/terms/c/chapter11.asp
"Threat of AMC Bankruptcy Postponed as Theater Operator Raises $500 Million" The Motley Fool - April 20, 2020 - Rich Duprey https://www.fool.com/investing/2020/04/20/threat-of-amc-bankruptcy-postponed-as-theater-oper.aspx
"European Cinemas Body UNIC Says ‘Trolls World Tour’ VOD Release “Does Not Justify Wholesale Changes”" Deadline - April 29, 2020 - Tom Grater https://deadline.com/2020/04/european-cinemas-body-unic-trolls-world-tour-vod-release-justify-wholesale-changes-1202920946/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
With YouTube, Facebook, and Twitter taking increasingly aggressive actions to "scrub" their content of opinion that doesn't line up with the guidance of governments, world health organization, or news outlets, the question becomes "Just what is an 'Authoritative Source', anyway?"
To answer that question (and discuss the inherent failures of appealing to authority solely because of that authority), we turn to the exact words used by YouTube Chief Product Officer Neal Mohan in an interview given to web outlet Protocol this week.
We've never made a video in our basement...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/d1D6hpJhOjk
Discussed in this episode:
"YouTube’s Chief Product Officer Neal Mohan | Protocol Virtual Meetup" YouTube Video - April 23, 2020 - protocol https://youtu.be/rivsTA9jnaA
"Neal Mohan" LinkedIn Profile https://www.linkedin.com/in/neal-mohan/
"Coronavirus disease 2019 (COVID-19) updates" YouTube Help Page https://support.google.com/youtube/answer/9777243#resources
"YouTube Debuts Plan to Promote and Fund 'Authoritative' News" Wired - July 9, 2020 - Issie Lapowsky https://www.wired.com/story/youtube-debuts-plan-to-promote-fund-authoritative-news/
"Monetization update on COVID-19 content" YouTube Help Page https://support.google.com/youtube/answer/9803260
"Argument from authority" Wikipedia Entry https://en.wikipedia.org/wiki/Argument_from_authority
"The surgeon general wants Americans to stop buying face masks" CNN Health - March 2, 2020 - Leah Asmelash https://www.cnn.com/2020/02/29/health/face-masks-coronavirus-surgeon-general-trnd/index.html
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
When one of the biggest media companies in the world suggests that using a certain hashtag on Twitter (#MayThe4th) results in that company receiving certain additional rights (and that Tweet becoming subject to their own terms of use), well, people pay attention.
But what did Disney actually say about their upcoming Star Wars promotion?
How does that mesh with the Twitter's own rights?
And what is a contract anyway?
May the Force Majeure be with you...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/Ac93yy4oxxw
Discussed in this episode:
"By sharing your message with us using #MayThe4th, you agree to our use of the message and your account name in all media and our terms of use..." Tweet - April 27, 2020 - Disney+ (@disneyplus)
Twitter Terms of Service Updated January 1, 2020 https://twitter.com/en/tos
"English – Disney Terms of Use – United States" Updated April 14, 2020 https://disneytermsofuse.com/english/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
When Fortnite first announced it would be hosting a Travis Scott concert "event", players would be forgiven for not realizing it was just the latest step in Epic Game's slow move towards recreating the Matrix (or Otherland, or Ready Player One...pick your favorite).
Sound a bit far-fetched? Of course.
But the journey of a thousand digital miles begins with just a few small steps...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/rU5lSqMM4YQ
Discussed in this episode:
"I’ve Never Played Fortnite, But Was Forced to Attend Travis Scott’s Fortnite Concert" Rolling Stone - April 24, 2020 - Charles Holmes https://www.rollingstone.com/music/music-features/travis-scott-fortnite-concert-989209/
"Virtual Legality #5 - Epic Lawsuit! Does Fortnite Infringe on Dancer's Rights? (Hoeg Law)" YouTube Video - December 6, 2018 - Hoeg Law https://youtu.be/P6M5j4umkYg
"Matthew Ball" Twitter Profile https://twitter.com/ballmatthew
"About Matthew Ball" Matthew Ball Webpage https://www.matthewball.vc/about
"The Metaverse: What It Is, Where to Find it, Who Will Build It, and Fortnite" January 13, 2020 - Matthew Ball https://www.matthewball.vc/all/themetaverse
"On Fortnite's Travis Scott Concert" April 26, 2020 - Matthew Ball https://www.matthewball.vc/all/fortnitetravisscott
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
YouTube's automated systems regularly mischaracterize perfectly innocuous videos as "not advertiser-friendly". So when the tech giant decided to offer a "self certification" program, allowing creators to affirmatively tell YouTube that their videos are "friendly" before the bots got to them, it seemed a worthwhile proposition to pursue.
But upon review of YouTube's new system, there can be little doubt that the risks of its use are substantial for content creators who deign to disagree with YouTube's automation.
The devil is in the details...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/LUYysRKR-Ig
Discussed in this episode:
"YouTube Self-Certification Program for Monetizing Creators" YouTube Video - April 24, 2020 - YouTube Creators https://youtu.be/bK2xupRNgaU
"YouTube Self-Certification overview" YouTube Help https://support.google.com/youtube/answer/7687980
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Coronavirus (COVID-19) has seemingly made the Internet a more dangerous place then ever, with social media giants Twitter, YouTube, and Facebook quick to use the pandemic to defend ever more ambiguous uses of their moderation authority.
But what does all of this have to do with 5G, cell towers, and arson?
Quite a lot, it turns out.
We like to think we're "authoritative" on at least some things...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/kywBsuU7UYE
Discussed in this episode:
"Twitter will remove dubious 5G tweets 'that could potentially cause harm'" TechCrunch - April 22, 2020 - Brian Heater https://techcrunch.com/2020/04/22/twitter-will-remove-dubious-5g-tweets-that-could-potentially-cause-harm/
"Conspiracy theorists burn 5G towers claiming link to virus" AP - April 21, 2020 https://apnews.com/4ac3679b6f39e8bd2561c1c8eeafd855
"We have broadened our guidance..." Tweet - April 22, 2020 - Twitter Safety (@TwitterSafety) https://twitter.com/TwitterSafety/status/1253044659175034880
"Coronavirus: Staying safe and informed on Twitter" Twitter Blog - Updated April 22, 2020 https://blog.twitter.com/en_us/topics/company/2020/covid-19.html#unverifiedclaims
"How Facebook's COVID Protest Bans May Violate the Constitution (VL208)" YouTube Video - April 21, 2020 - Hoeg Law https://youtu.be/DTHQWJ-dYME
"YouTube bans content that contradicts WHO’s Covid-19 advice" Engineering and Technology - April 23, 2020 https://eandt.theiet.org/content/articles/2020/04/youtube-bans-covid-19-content-contradicting-who-advice/
"Who Fact Checks the Fact Checkers? (Facebook, YouTube, Twitter) (VL207)" YouTube Video - April 20, 2020 - Hoeg Law https://youtu.be/8ZvMXhLGjf8
"YouTube says 'authoritative' news viewership has jumped amid COVID-19 pandemic" CNET - April 22, 2020 - Richard Nieva https://www.cnet.com/news/youtube-says-authoritative-news-viewership-has-jumped-amid-covid-19-pandemic/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Coronavirus (COVID-19) has made the landscape of Constitutional rights more perilous than ever, as Facebook found out yesterday when it decided to remove (or "ban") at least some posts on the platform purporting to organize anti-quarantine or anti-"stay-at-home" protests and rallies.
But while each of us may hold different opinions on the wisdom (or foolishness) of holding such events, the question becomes all the more important when the States in question become involved in the story.
Not a single state instructed us to make this video...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/DTHQWJ-dYME
Discussed in this episode:
"Go back to Civics class." Twitter Thread - April 20, 2020 - Highlighted by Bad Legal Takes (@BadLegalTakes) https://twitter.com/BadLegalTakes/status/1252413536090722308
US Constitution, First Amendment https://www.law.cornell.edu/constitution/first_amendment
"YouTube, Free Speech, and You - A PragerU Story (Virtual Legality #182)" YouTube Video - February 26, 2020 - Hoeg Law https://youtu.be/EDBjYkobBuk
US Constitution, Fourteenth Amendment https://www.law.cornell.edu/constitution/amendmentxiv
"Facebook says it has removed promotion of anti-quarantine events..." Tweet - April 20, 2020 - Donie O'Sullivan (@donie) https://twitter.com/donie/status/1252220943314927616
"Facebook will take down some, but not all, posts promoting anti-stay-at-home protests" CNN Politics - April 20, 2020 - Donie O'Sullivan and Brian Fung https://www.cnn.com/2020/04/20/politics/facebook-covid-shutdown-protests/index.html
"Anti-quarantine protests being organized through Facebook in California, New Jersey, and Nebraska, are being removed from the platform on the instruction of governments..." Tweet - April 20, 2020 - Oliver Darcy (@oliverdarcy) https://twitter.com/oliverdarcy/status/1252224126279802881
"Republicans attack Facebook as network shuts down anti-lockdown protests" Politico - April 20, 2020 - Steven Overly https://www.politico.com/news/2020/04/20/facebook-shuts-down-anti-quarantine-protests-at-states-request-196143
"Just want to clarify that Facebook reached out to state officials..." Tweet - April 20, 2020 - Andy Stone (@andymstone) https://twitter.com/andymstone/status/1252293167845695490
"Coronavirus protests test Facebook's free speech pledges" Politico - April 20, 2020 - Steven Overly https://www.politico.com/news/2020/04/20/coronavirus-protests-test-facebooks-free-speech-pledges-197724
"Don't love this precedent." Tweet - April 20, 2020 - Hoeg Law https://twitter.com/HoegLaw/status/1252290636671311878
"Who Fact Checks the Fact Checkers? (Facebook, YouTube, Twitter) (VL207)" YouTube Video - April 20, 2020 - Hoeg Law https://youtu.be/8ZvMXhLGjf8
"Should Facebook ban anti-lockdown protests? The thorny questions of civil rights amid coronavirus" The Guardian - April 20, 2020 - Julia Carrie Wong https://www.theguardian.com/technology/2020/apr/20/facebook-anti-lockdown-protests-bans
"Wickersham v. City of Columbia" F. Supp. 2d 1061 (W.D. Mo. 2005) https://www.courtlistener.com/opinion/2316504/wickersham-v-city-of-columbia-mo/
"MANHATTAN COMMUNITY ACCESS CORP. ET AL. v. HALLECK" June 17, 2019 https://www.supremecourt.gov/opinions/18pdf/17-1702_h315.pdf
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
As Coronavirus (COVID-19) continues its spread and the world's tech/social media giants (Facebook, YouTube, Twitter) prepare for a contentious 2020 election season, the question of "fake news" has become a very, very important one.
But who gets to decide what is "fake" or "false"?
How can that decision ultimately shape public discourse?
And why should we all be wary of handing Mark Zuckerberg (or anyone else) the reins of the world's critical thinking?
CHECK OUT THE VIDEO AT: https://youtu.be/8ZvMXhLGjf8
Discussed in this episode:
"Facebook’s ‘fact checkers’ are the real fake news after censoring Post story" New York Post - April 17, 2020 - Editorial Board https://nypost.com/2020/04/17/facebook-fact-checkers-foul-again-after-censoring-post-story/
"Don’t buy China’s story: The coronavirus may have leaked from a lab" New York Post - February 22, 2020 - Steven Mosher https://nypost.com/2020/02/22/dont-buy-chinas-story-the-coronavirus-may-have-leaked-from-a-lab/
"Fact-Checking on Facebook: What Publishers Should Know" Facebook Business https://www.facebook.com/help/publisher/182222309230722
"Viral New York Post article perpetuates the unfounded claim that the virus that causes COVID-19 is manmade" Health Feedback - March 2, 2020 - Flora Teoh https://healthfeedback.org/evaluation/viral-new-york-post-article-perpetuates-the-unfounded-claim-that-the-covid-19-virus-is-manmade/
"Monetization update on COVID-19 content" YouTube Help https://support.google.com/youtube/answer/9803260
"Sources believe coronavirus outbreak originated in Wuhan lab as part of China's efforts to compete with US" Fox News - April 16, 2020 - Bret Baier, Gregg Re https://www.foxnews.com/politics/coronavirus-wuhan-lab-china-compete-us-sources
"Top Official at Wuhan Disease Lab Denies Any Link to Coronavirus Outbreak" Time - April 20, 2020 - Bloomberg https://time.com/5824061/wuhan-lab-denies-link-coronavirus-outbreak/
"Coronavirus: Is there any evidence for lab release theory?" BBC News - April 16, 2020 - Paul Rincon https://www.bbc.com/news/science-environment-52318539
"Coronavirus: Staying safe and informed on Twitter" April 1, 2020 Update https://blog.twitter.com/en_us/topics/company/2020/covid-19.html
"Preliminary investigations conducted by the Chinese authorities have found no clear evidence of human-to-human transmission" Tweet - January 14, 2020 - World Health Organization (WHO) (@WHO) https://twitter.com/WHO/status/1217043229427761152
"CDC Confirms Person-to-Person Spread of New Coronavirus in the United States" CDC Press Release - January 30, 2020 https://www.cdc.gov/media/releases/2020/p0130-coronavirus-spread.html
"Seriously people- STOP BUYING MASKS!" Tweet - February 29, 2020 - U.S. Surgeon General (@Surgeon_General) https://twitter.com/Surgeon_General/status/1233725785283932160
"U.S. health officials say Americans shouldn’t wear face masks to prevent coronavirus — here are 3 other reasons not to wear them" MarketWatch - March 2, 2020 - Elisabeth Buchwald https://www.marketwatch.com/story/the-cdc-says-americans-dont-have-to-wear-facemasks-because-of-coronavirus-2020-01-30
"It's Official: CDC Recommends Public Wear Face Masks" MedPage Today - April 4, 2020 - Shannon Firth https://www.medpagetoday.com/infectiousdisease/covid19/85800
"Use of Cloth Face Coverings to Help Slow the Spread of COVID-19" CDC Fact Sheet https://www.cdc.gov/coronavirus/2019-ncov/downloads/DIY-cloth-face-covering-instructions.pdf
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
When Cooking Mama: Cookstar, the newest entry in the long-running video game series about a...cooking...mama, was announced, launched, and removed in the space of a few hours earlier this month, the game industry took notice. Now, dueling press releases claiming legal authority for multiple disparate parties have confounded the issue even more.
What does Cooking Mama's intellectual property holder, Office Create, say happened?
How did publisher Planet Entertainment (or its subcontracted developer 1st Playable) respond?
How the heck is blockchain cryptocurrency involved?
And who do I think likely has the better part of the argument?
The real Cookstar is Phoenix Wright...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/j78sfbnCANY
Discussed in this episode:
"The Cooking Mama Game for Switch That Came Out, and Then Disappeared" IGN - April 3, 2020 - Joe Skrebels https://www.ign.com/articles/the-cooking-mama-game-for-switch-that-came-out-and-then-disappeared
"Cooking Mama For Switch Will Feature A Vegetarian Mode And Blockchain Tech" Nintendo Life - August 10, 2019 - Liam Doolan http://www.nintendolife.com/news/2019/08/cooking_mama_for_switch_will_feature_a_vegetarian_mode_and_blockchain_tech
"Cooking Mama: Cookstar Cryptocurrency Saga Takes Yet Another Turn As Publisher Blames Coronavirus" Nintendo Life - April 7, 2020 - Liam Dollan and Damien McFerran http://www.nintendolife.com/news/2020/04/cooking_mama_cookstar_cryptocurrency_saga_takes_yet_another_turn_as_publisher_blames_coronavirus
"EXCLUSIVE: Cooking Mama Cookstar Switch eShop Controversy Explained" Screen Rant - April 6, 2020 - Christopher Teuton https://screenrant.com/cooking-mama-cookstar-switch-eshop-controversy-crypto-mining/
"Cooking Mama license holder Office Create Corp. reveals..." Tweet - April 15, 2020 - Nibel (@Nibellion) https://twitter.com/Nibellion/status/1250337803931488256
"Re: Unauthorized Release of Cooking Mama: Cookstar by Planet Entertainment LLC" Office Create Statement - April 15, 2020 http://www.ofcr.co.jp/ofcr/ImportantNotice_en.html
"Exclusive rights in copyrighted works" 17 USC 106 https://www.law.cornell.edu/uscode/text/17/106
Planet Entertainment Statement April 15, 2020 https://twitter.com/CookstarMama/status/1250507324596211713/photo/1
"Software Development Agreement Template Panda Docs https://www.pandadoc.com/software-development-agreement-template/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
When Jason Schreier of Kotaku reported that the employees of Gearbox Software (makers of Borderlands 3), were getting "stiffed" on bonuses, we took a look at the claim. Now, Gearbox Game Director Maxime Babin has responded, and the result is...a story far more nuanced than Kotaku originally portrayed.
What does Mr. Babin have to say about the Gearbox Royalty program?
What does he have to say about Kotaku's reporting?
Shifting gears keep shifting shiftily...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/1cW8QAvmn0w
Discussed in this episode:
"Borderlands Bonus Brouhaha: Upside Is Down (VL200!)" YouTube Video - April 1, 2020 - Hoeg Law https://youtu.be/swInQ5i-Cxg
"Sources: Despite Huge Sales, Borderlands 3 Developers Are Getting Stiffed On Bonuses" Kotaku - April 1, 2020 - Jason Schreier https://kotaku.com/sources-despite-huge-sales-borderlands-3-developers-a-1842617645
"My View on Gearbox and its Royalty Program." LinkedIn Post - April 5, 2020 - Maxime Babin https://www.linkedin.com/pulse/my-view-gearbox-its-royalty-program-maxime-babin/
"Interview with Maxime Babin - Creative Director, Borderlands 3 DLC 2" AltChar - March 16, 2020 - Jonathan Titmuss https://www.altchar.com/game-news/interview-with-maxime-babin-borderlands-3-dlc-2-aodOn3Q9ZMtU
"How an Employee Stock Ownership Plan (ESOP) Works" NCEO Website - April 10, 2018 https://www.nceo.org/articles/esop-employee-stock-ownership-plan
"Gearbox Studio Director Tries to Do Damage Control for Randy Pitchford" GameRant - April 12, 2020 - Cameron Corliss https://gamerant.com/gearbox-randy-pitchford-maxime-babin/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
E3 2020 is dead.
Oh, you knew that already? I mean really dead, now, as the ESA has officially stated that it won't even be able to put up a digital showcase of games in early June.
What does this say about the future of E3? How about the future of the ESA?
When you can't convince marketers to send you marketing, you've got a problem...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/ypZpGuekf0c
Discussed in this episode:
"NEWS: E3 2020 CANCELLED DUE TO GROWING CONCERNS OVER COVID-19 VIRUS" E3 Website https://www.e3expo.com/
"The ESA will not hold a digital E3 2020 event" GamesIndustryBiz - April 7, 2020 - Rebekah Valentine https://www.gamesindustry.biz/articles/2020-04-07-the-esa-will-not-hold-a-digital-e3-2020-event
"E3 2021 dates revealed, but there's still no word about the 2020 'online experience'" PC Gamer - April 6, 2020 - Andy Chalk https://www.pcgamer.com/e3-2021-dates-announced-but-theres-still-no-word-about-the-2020-online-experience/
"Dropping Out: Sony, The ESA, and Two Competing Visions for E3 (VL157)" YouTube Video - January 13, 2020 - Hoeg Law https://youtu.be/wzuH2Qma0xI
"PlayStation will not participate in E3 2020" GamesIndustryBiz - January 13, 2020 - Christopher Dring https://www.gamesindustry.biz/articles/2020-01-11-playstation-will-not-participate-in-e3-2020
"I wanted to share some important news about my plans around E3 2020." Tweet - February 12, 2020 - Geoff Keighley (@geoffkeighley) https://twitter.com/geoffkeighley/status/1227638604618293248
"Geoff Keighley, Drew Karpyshyn, E3, and Bioware: Reading Between the Lines (VL174)" YouTube Video - Hoeg Law https://youtu.be/vzOy0zYK9sM
"Unforced Error: A Lawyer's View on the ESA's Doxxing of 2000+ E3 Attendees (VL81)" YouTube Video - August 3, 2019 - Hoeg Law https://youtu.be/yNA2xRNwq4s
"E3 Succumbs to the Age of the Influencer – What you Need to Know (VL103)" YouTube Video - September 17, 2019 - Hoeg Law https://www.youtube.com/watch?v=kB1UewTSFmM
"Kinda Funny Games Running Another Showcase At E3" Game Informer - May 9, 2019 - Imran Khan https://www.gameinformer.com/2019/05/09/kinda-funny-games-running-another-showcase-at-e3
"The Escapist E3 2020 Indie Showcase Signup Form!" Tweet - March 16, 2020 - Nick Calandra (@nickjcal) https://twitter.com/nickjcal/status/1239571131255926787
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
How did a 1942 US Supreme Court decision about wheat farming come to control almost the entirety of federal law making? And how did it's reasoning result in Congressional assertions of authority unmoored from the express limitations present in the US Consitution?
How? Welcome to the first (?) entry in our "Terrible Supreme Court Decisions" series:
Wickard v Filburn
We always have a substantial economic effect... in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/6I-Iz109rdY
Discussed in this episode:
Wickard v. Filburn 317 U.S. 111 (1942) https://supreme.justia.com/cases/federal/us/317/111/
"Lawyer: Is Spreading Coronavirus a Federal Crime? (VL197)" YouTube Video - March 27, 2020 - Hoeg Law https://youtu.be/BUm3XQaTixo
"United States v. Wrightwood Dairy Co." 315 U.S. 110 (1942) https://supreme.justia.com/cases/federal/us/315/110/
US Constitution, Article 1, Section 8 https://www.law.cornell.edu/constitution/articlei
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
April 6, 2020 was a whirlwind of executive orders, supreme court decisions, and lawsuits, as the various branches of both Wisconsin and the Federal government tried to grapple with the imminent commencement of elections in the face of the Coronavirus pandemic.
While many headlines have been written about the motivations of the parties involved, piecing together just what happened, how, and what role the law should play in all of this...takes some doing. This definitely won't be controversial at all.
There's more than enough blame to go around...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/MG41eOSNS7M
Discussed in this episode:
"What The Heck Is Going On With Wisconsin’s Primary?" FiveThirtyEight - April 6, 2020 - Nathaniel Rakich https://fivethirtyeight.com/features/election-preview-yes-wisconsin-is-still-holding-its-primary-on-tuesday/
"Delaying Wisconsin's April 7 presidential primary amid coronavirus pandemic would be difficult" Milwaukee Journal Sentinel - March 16, 2020 - Patrick Marley https://www.jsonline.com/story/news/politics/2020/03/16/coronavirus-wisconsin-delaying-presidential-primary-not-easy/5058563002/
"REPUBLICAN NATIONAL COMMITTEE, ET AL. v. DEMOCRATIC NATIONAL COMMITTEE, ET AL" SCOTUS Order - April 6, 2020 https://assets.documentcloud.org/documents/6826732/19A1016.pdf
"Executive Order #74" Office of the Governor of Wisconsin - April 6, 2020 https://www.documentcloud.org/documents/6825792-Evers-EO-suspending-election.html
Wisconsin Constitution https://docs.legis.wisconsin.gov/constitution/wi/
"Emergency Management" Wisconsin Statutes Chapter 323.12(4)(b) https://law.justia.com/codes/wisconsin/2012/chapter-323/section-323.12/
"ELECTIONS — GENERAL PROVISIONS; BALLOTS AND VOTING SYSTEMS" Wisconsin Statutes Chapter 5 https://docs.legis.wisconsin.gov/statutes/statutes/5/I/02
"We have three branches of government to ensure a system of checks and balances..." Tweet - April 1, 2020 - Governor Tony Evers (@GovEvers) https://twitter.com/GovEvers/status/1245503949232193536
"Wisconsin Legislature v Evers" Supreme Court of Wisconsin Order - April 6, 2020 https://www.scotusblog.com/wp-content/uploads/2020/04/Wis_Sup_Ct_Order.pdf
"DEMOCRATIC NATIONAL COMMITTEE v BOSTELMANN" US District Court Order (W.D. Wisc.) - April 2, 2020 https://www.democracydocket.com/wp-content/uploads/sites/41/2020/04/2020-04-02-Order-on-Motion-for-Preliminary-Injunction.pdf
"I want to vote absentee" Wisconsin Elections Commission Webpage https://elections.wi.gov/voters/absentee
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
With Call of Duty one of the most popular game franchises on the planet, it's no surprise that many want a piece of Activision Blizzard's massive profits.
But how did the multinational video game publisher not only use Humvees throughout many of its franchise entries without a license, then defeat the challenge posed by the vehicle's manufacturer, AM General LLC, before litigation even truly began?
The answer...requires some explaining.
Trademark really isn't the same as copyright...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/LM2p2KmiPKo
Discussed in this episode:
"Activision Wins 'First Amendment' Call Of Duty Lawsuit" Kotaku - April 1, 2020 - Luke Plunkett https://kotaku.com/activision-wins-first-amendment-call-of-duty-lawsuit-1842625317
"Hi Hoeg! Since time of day/day of week has lost all meaning during quarantine, here's a late night #VirtualLegality suggestion..." Tweet - April 2, 2020 - Joseph La Russa (@Joseph_La_Russa) https://twitter.com/Joseph_La_Russa/status/1245646711558569987
"Call of Duty allowed to include Humvees, as court rules in favor of Activision in trademark case" GameDailyBiz - April 2, 2020 - Sam Desatoff https://gamedaily.biz/article/1673/call-of-duty-allowed-to-include-humvees-as-court-rules-in-favor-of-activision-blizzard-in-trademark-case
AM General v Activision Blizzard Summary Dismissal Order (March 31, 2020) https://www.documentcloud.org/documents/6823541-Humvee.html
"Trademark, Patent, or Copyright?" USPTO Website https://www.uspto.gov/trademarks-getting-started/trademark-basics/trademark-patent-or-copyright
"False designations of origin, false descriptions, and dilution forbidden" 15 USC 1125 (Lanham Act) https://www.law.cornell.edu/uscode/text/15/1125
Article 1, Section 8 US Constitution https://www.law.cornell.edu/constitution/articlei
"United States trademark law" Wikipedia Entry https://en.wikipedia.org/wiki/United_States_trademark_law
First Amendment US Constitution https://www.law.cornell.edu/constitution/first_amendment
"Exclusive rights in copyrighted works" 17 USC 106 https://www.law.cornell.edu/uscode/text/17/106
"Limitations on exclusive rights: Fair use" 17 USC 107 https://www.law.cornell.edu/uscode/text/17/107
Rogers v Grimaldi 695 F. Supp 112 (1988) https://law.justia.com/cases/federal/district-courts/FSupp/695/112/2345732/
"Netflix: "Choose Your Own Adventure" is Too Generic to Live (Virtual Legality #185)" YouTube Video - March 4, 2020 - Hoeg Law https://www.youtube.com/watch?v=W3ZtxSpp2ig
"Netflix Loses Bid to Dismiss $25 Million Lawsuit Over 'Black Mirror: Bandersnatch'" Hollywood Reporter - February 11, 2020 - Eriq Gardner https://www.hollywoodreporter.com/thr-esq/netflix-loses-bid-dismiss-25-million-lawsuit-black-mirror-bandersnatch-1278701
"Netflix Seeks Cancellation of "Choose Your Own Adventure" Trademark in 'Bandersnatch' Dispute" Hollywood Reporter - February 26, 2020 - Ashley Cullins https://www.hollywoodreporter.com/thr-esq/netflix-seeks-cancellation-choose-your-own-adventure-trademark-bandersnatch-dispute-1281305
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
When the US Congress passed the CARES Act on March 27, it also passed the "Paycheck Protection Program" (or PPP). While described as a loan, the terms and conditions of the PPP (and the fact that virtually every business is eligible to receive it - right down to self-employed, sole proprietors), make it one of the most generous programs in US history.
If you are in the US and run anything remotely resembling a small business, you owe it to yourself and your employees to review the possibility of applying for a PPP loan. Hopefully this video presents a good starting point.
We promise we won't be summarizing government loan programs everyday...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/JZYRQldDAcU
Discussed in this episode:
"Paycheck Protection Program Application Form" https://www.sba.gov/sites/default/files/2020-03/Borrower%20Paycheck%20Protection%20Program%20Application.pdf
CARES Act Text https://www.congress.gov/bill/116th-congress/house-bill/748/text?q=%7B%22search%22%3A%5B%22hr748%22%5D%7D&r=1&s=1#toc-HCE5012C2925F451FBE6E57283A509FB9
Paycheck Protection Program (PPP) Fact Sheet https://home.treasury.gov/system/files/136/PPP--Fact-Sheet.pdf
"CORONAVIRUS EMERGENCY LOANS - Small Business Guide and Checklist" US Chamber of Commerce https://www.uschamber.com/sites/default/files/023595_comm_corona_virus_smallbiz_loan_final.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
It's episode 200! Thanks to everyone that has been with us for this journey and thanks to everyone who is visiting for the first time. We couldn't do any of this without you. Here's to 200 more!
According to reports from Jason Schreier of Kotaku, employees of Gearbox Software (makers of Borderlands 3), have reportedly been "stiffed" on bonuses that were otherwise promised to them by CEO Randy Pitchford.
What does Mr. Schreier have to say about Gearbox's compensation system, the promises that form the foundation of his reporting, and Gearbox's response?
How does upside compensation work? What are the risks and rewards? And how do those risks and rewards mirror the employee-owned collectives that are often advocated by Mr. Schreier and Kotaku?
How can miscommunication result in breach of trust? And why should Gearbox be concerned even if no legal lines were crossed?
And just why is Mr. Schreier bringing up a settled case in which the plaintiff referred to CEO Pitchford as "exonerated" anyway?
We're shifting shifty gears...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/swInQ5i-Cxg
Discussed in this episode:
"Sources: Despite Huge Sales, Borderlands 3 Developers Are Getting Stiffed On Bonuses" Kotaku - April 1, 2020 - Jason Schreier https://kotaku.com/sources-despite-huge-sales-borderlands-3-developers-a-1842617645
"Gearbox Video Game Designer Salary" (and more) https://www.payscale.com/research/US/Job=Video_Game_Designer/Salary/6151e84c/Gearbox-Software
Cost of Living (Plano Texas) https://www.bestplaces.net/cost_of_living/city/texas/plano
Cost of Living (Irvine California) https://www.bestplaces.net/cost_of_living/city/california/irvine
"Randy Pitchford's $12 Million Magic Trick: A Lawyer's View (VL69) (Hoeg Law)" YouTube Video - June 24, 2019 - Hoeg Law https://youtu.be/PP4qsoBSZvc
"Former Gearbox employee provides proof Randy Pitchford diverted funds to personal company" GameDailyBiz - June 18, 2020 - Hoeg Law https://gamedaily.biz/article/965/former-gearbox-employee-provides-proof-randy-pitchford-diverted-funds-to-personal-company
Plaintiff's Third Amended Petition Callender v Gearbox (Pitchford) June 12, 2019 https://courtsportal.dallascounty.org/DALLASPROD/DocumentViewer/Embedded/1bJ-uOeaXZ1AY0DXpUjP42TcFVPzR-WiMmMGugjv4e4WGb7Lm2fX-tE1G8lz1XwmDMfLZwHcPKc8qXEP1CLiYg2?p=0
"Randy Pitchford and Gearbox Exonerated?! What it All Means (VL113)" YouTube Video - October 4, 2019 - Hoeg Law https://youtu.be/SYzvJ1C-KV4
"Gearbox CEO Randy Pitchford and former lawyer bring end to messy legal dispute" Eurogamer - October 4, 2019 - Matt Wales https://www.eurogamer.net/articles/2019-10-03-gearbox-ceo-randy-pitchford-and-former-lawyer-bring-end-to-messy-legal-dispute
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
With supply chains existing only as open question marks, Square Enix has done the right thing by starting shipments of their much anticipated Final Fantasy VII Remake project out to the world earlier than usual.
But with early shipments come early copies in the wild. And passive aggressive threats from Square Enix legal.
Just what does Square Enix say you can and can't do under their Final Fantasy VII Remake "Material Usage License"?
How does this affect streaming, fan art, and more?
And what of the official release date of April 10, 2020?
We're sure they meant Materia Usage License...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/HF7RO5HAHvc
Discussed in this episode:
"As the development team requested yesterday..." Tweet - March 31, 2020 - Final Fantasy VII Remake (@finalfantasyvii) https://twitter.com/finalfantasyvii/status/1245003712067710976
"An Important message from the FINAL FANTASY VII REMAKE development team" Square Enix Blog - March 30, 2020 https://square-enix-games.com/en_US/news/important-message-final-fantasy-vii-remake-development-team
"Exclusive rights in copyrighted works" 17 USC 106 https://www.law.cornell.edu/uscode/text/17/106
"Limitations on exclusive rights: Fair use" 17 USC 107 https://www.law.cornell.edu/uscode/text/17/107
"Is Copyright Broken? A Lawyer Responds to Tom Scott (Virtual Legality #196)" YouTube Video - March 24, 2020 - Hoeg Law https://youtu.be/Hpa61mMdkiU
"FINAL FANTASY VII REMAKE Material Usage License" Final Fantasy VII Remake Website https://ffvii-remake.square-enix-games.com/en-us/streaming-guidelines
"Streaming, Copyright Infringement, and Fair Use (Virtual Legality #177)" YouTube Video - February 19, 2020 - Hoeg Law https://youtu.be/vTjsKrC3tOE
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
As the coronavirus (COVID-19) continues to make its way across the United States, governments at both the federal and state levels are invoking statutes rarely seen in public discourse.
The most recent? A little discussed act called the Defense Production Act of 1950 (the "DPA"), pursuant to which the President is given broad authority to force civilian contractors to provide materials to the federal government.
But as President Trump invokes the DPA to force General Motors (GM) to enter into a contract for the production of ventilators, the question becomes: "Does he have the authority to do that?".
And what does it mean to "promote the national defense", anyway?
Emergencies make strange bedfellows...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/UHA5bRbwnCA
Discussed in this episode:
"Trump invokes Defense Production Act to expand production of hospital masks and more" CNN - March 18, 2020 - Maegan Vazquez https://www.cnn.com/2020/03/18/politics/trump-defense-production-act-coronavirus/index.html
"Hey Hoeg, in light of Trump invoking the DPA for GM to produce ventilators..." Tweet - March 28, 2020 - Joseph La Russa (@Joseph_La_Russa) https://twitter.com/Joseph_La_Russa/status/1243992799311269889
"Trump uses Defense Production Act to require GM to make ventilators" The Hill - March 27, 2020 - Brett Samuels https://thehill.com/homenews/administration/489909-trump-uses-defense-production-act-to-require-gm-to-make-ventilators
"Statement from the President Regarding the Defense Production Act" March 27, 2020 https://www.whitehouse.gov/briefings-statements/statement-president-regarding-defense-production-act/
"DEFENSE PRODUCTION" 50 USC Chapter 55 https://www.law.cornell.edu/uscode/text/50/chapter-55
"PRIORITIES AND ALLOCATIONS" 50 USC Subchapter I https://www.law.cornell.edu/uscode/text/50/chapter-55/subchapter-I
"Priority in contracts and orders" 50 USC 4511 https://www.law.cornell.edu/uscode/text/50/4511
"EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY" 50 USC Subchapter II https://www.law.cornell.edu/uscode/text/50/chapter-55/subchapter-II
"GENERAL PROVISIONS" 50 USC Subchapter III https://www.law.cornell.edu/uscode/text/50/chapter-55/subchapter-III
"Definitions" 50 USC 4552 https://www.law.cornell.edu/uscode/text/50/4552
"Definitions" 42 USC 5195a https://www.law.cornell.edu/uscode/text/42/5195a
"The Defense Production Act of 1950: History, Authorities, and Considerations for Congress" Congressional Research Service Report - Updated March 2, 2020 https://fas.org/sgp/crs/natsec/R43767.pdf
US Constitution Article 1, Section 8 https://www.law.cornell.edu/constitution/articlei
"General welfare clause" Wikipedia Entry https://en.wikipedia.org/wiki/General_welfare_clause
US Constitution Article 2, Section 1 and Section 2 https://www.law.cornell.edu/constitution/articleii
"Youngstown Sheet & Tube Co. v. Sawyer" 343 US 579 (1952); Jackson Concurrence https://www.law.cornell.edu/supremecourt/text/343/579#writing-USSC_CR_0343_0579_ZC2
"The Alarming Scope of the President’s Emergency Powers" The Atlantic - January 2019 - Elizabeth Goitein https://www.theatlantic.com/magazine/archive/2019/01/presidential-emergency-powers/576418/
"List of national emergencies in the United States" Wikipedia Entry https://en.wikipedia.org/wiki/List_of_national_emergencies_in_the_United_States
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Across the world, folks are getting in on "the Coronavirus challenge", licking deodorants, toilets, and various other cries for publicity (and help) all organized around of the spread of COVID-19.
Seeing this, the US Department of Justice has gone so far as to put out a memo suggesting that such things might be crimes under federal law, whether as the acts of bioterrorists or as the use of a "weapon of mass destruction".
But are those statutes really a good fit? And what risks are imposed by trying to wrestle imperfect language around imperfect facts?
We never cut a great road through the law...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/BUm3XQaTixo
Discussed in this episode:
"Those who intentionally spread coronavirus could be charged as terrorists" Politico - March 24, 2020 - Josh Gerstein https://www.politico.com/news/2020/03/24/coronavirus-terrorism-justice-department-147821
"A man accused of licking deodorants in a Missouri Walmart after asking 'Who's afraid of the coronavirus?' was charged with making a terrorist threat" Business Insider - March 25, 2020 - Sinead Baker https://www.businessinsider.com/coronavirus-man-accused-licking-walmart-items-charged-with-terror-threat-2020-3
"Making a terrorist threat, penalty." 2012 Missouri Revised Statutes https://law.justia.com/codes/missouri/2012/titlexxxviii/chapter574/section574115/
Memo - "Department of Justice Enforcement Actions Related to COVID-19" March 24, 2020 https://www.politico.com/f/?id=00000171-128a-d911-aff1-becb9b530000
"Definitions" 18 USC 178 https://www.law.cornell.edu/uscode/text/18/178
"Prohibitions with respect to biological weapons" 18 USC 175 https://www.law.cornell.edu/uscode/text/18/175
"Use of weapons of mass destruction" 18 USC 2332a https://www.law.cornell.edu/uscode/text/18/2332a
"Violations" CA Health and Safety Code - Sec 120290 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=120290.
"Coronavirus: 'Moron' who licked toilet bowl 'now in hospital with the bug'" Mirror - March 25, 2020 - Ryan Merrifield https://www.mirror.co.uk/news/uk-news/coronavirus-challenge-moron-who-licked-21749466
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Animal Crossing: New Horizons has proven to be a commercial and critical darling. But what evil lurks in the hearts of Nooks? Only Nintendo knows.
We don't limit our residents (or their representatives)...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/TjlsYbFbvyg
Discussed in this episode:
"Animal Crossing: New Horizons Comes to Life!" YouTube Video - February 27, 2020 - Nintendo https://youtu.be/mVeFhisMk7Y
"Pandemic movie 'Contagion' is surging in popularity due to the coronavirus and has hit the No. 7 spot on iTunes" Business Insider - March 6, 2020 - Travis Clark https://www.businessinsider.com/coronavirus-contagion-movie-is-surging-in-piracy-rentals-on-itunes-2020-3
Animal Crossing: New Horizons Webpage (Nintendo Store) https://www.nintendo.com/games/detail/animal-crossing-new-horizons-switch/
"Animal Crossing: New Horizons owners surprised to find island progress tied to first resident" Eurogamer - March 24, 2020 - Tom Phillips https://www.eurogamer.net/articles/2020-03-24-animal-crossing-new-horizons-owners-surprised-to-find-progress-tied-to-first-resident
"Animal Crossing: New Horizons Account Restrictions Frustrating Many Families and Couples" WCCFTech - March 23, 2020 - Nathan Birch https://wccftech.com/animal-crossing-new-horizons-accounts-resident-representative/
"Animal Crossing: New Horizons review: A quarantined life has never been cuter" Ars Technica - March 16, 2020 - Sam Machkovech https://arstechnica.com/gaming/2020/03/animal-crossing-new-horizons-review-a-quarantined-life-has-never-been-cuter/
"Can you change who the Resident Representative is in Animal Crossing New Horizons?" Nintendo Support Forums https://en-americas-support.nintendo.com/app/social/questions/detail/qid/92540/~/can-you-change-who-the-resident-representative-is-in-animal-crossing-new/page/1
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Is YouTube's copyright system fine, while the world's is...broken? That's what famous YouTuber Tom Scott has asserted in his latest, aptly titled: "YouTube's Copyright System Isn't Broken. The World's Is."
In our first response video in some time, we dive into Mr. Scott's claims on both legal and rhetorical levels:
What is the current state of intellectual property enforcement?
How does YouTube deal with the "muddy middle" of fair use and infringement?
What does Mr. Scott suggest needs to change?
And what do we have to say about all of that?
Because we (apparently) only respond to Scotts...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/Hpa61mMdkiU
Discussed in this episode:
"YouTube's Copyright System Isn't Broken. The World's Is." YouTube Video - March 23, 2020 - Tom Scott https://youtu.be/1Jwo5qc78QU
"Hey [Hoeg], the excellent [Tom Scott] did a lengthy video essay on copyright law." Tweet - March 23, 2020 - Parallax Abstraction (@PXAbstraction) https://twitter.com/PXAbstraction/status/1242179094093103104
"A Nintendo Nightmare: Copyright and "Dreams" (Virtual Legality #194)" YouTube Video - March 21, 2020 - Hoeg Law https://youtu.be/tyneXcS72uI
"Sony Reportedly Pulls Mario Creation From Dreams After Nintendo Complaint" IGN - March 21, 2020 - Joseph Knoop https://www.ign.com/articles/sony-dreams-nintendo-mario-copyright-ip-intellectual-property-lawsuit
"Virtual Legality #53 - No, "Games as a Service" Isn't Fraud: A Response to Accursed Farms (Hoeg Law)" YouTube Video - May 1, 2019 - Hoeg Law https://youtu.be/yndkAmqjs0o
"Virtual Legality - "Games as a Service" and Fraud: A Conversation with Ross Scott (Accursed Farms)" YouTube Video - May 3, 2019 - Hoeg Law https://youtu.be/yt2ar78R28o
"Copyright Act of 1790" WIkipedia Entry https://en.wikipedia.org/wiki/Copyright_Act_of_1790
"History of copyright law of the United States" Wikipedia Entry - "Major Amendments to Federal Copyright Law" https://en.wikipedia.org/wiki/History_of_copyright_law_of_the_United_States
"What is the history of corporations in America?" Investopedia - Updated August 3, 2019 https://www.investopedia.com/ask/answers/041515/what-history-corporations-america.asp
"Exclusive rights in copyrighted works" 17 USC 106 https://www.law.cornell.edu/uscode/text/17/106
"Limitations on exclusive rights: Fair use" 17 USC 107 https://www.law.cornell.edu/uscode/text/17/107
"Authors, Attribution, and Integrity: Examining Moral Rights in the United States" US Copyright Office Website https://www.copyright.gov/policy/moralrights/
"Streaming, Copyright Infringement, and Fair Use (Virtual Legality #177)" YouTube Video - February 19, 2020 - Hoeg Law https://youtu.be/vTjsKrC3tOE
"YouTube’s “MxR Plays”: Fair Use, Extortion, and the Muddy Middle of Copyright (VL155)" YouTube Video - January 10, 2020 - Hoeg Law https://youtu.be/VtV_nYZT-mg
"Copyright Strikes for Explaining Copyright Law? (Virtual Legality #186)" YouTube Video - March 5, 2020 - Hoeg Law https://youtu.be/kF2GMxChNkA
"Copyright Reform and the DMCA: A CASE Study (VL121)" YouTube Video - October 23, 2019 - Hoeg Law https://youtu.be/j-WgBJwZm1k
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
The "EARN IT Act of 2020", presently merely a proposed Senate Bill, threatens to upend not just the liability shield of the Communication Decency Act's Section 230 (CDA 230), but ultimately both the way the Internet operates and the trust that its users can have.
How does EARN IT leverage the CDA 230 liability shield on which much of the Internet's user generated content paradigm is based?
Why is EARN IT's removal of the establishment of rules to a commission yet to be formed so problematic given the structure of the Act?
What powers does such a Commission have, and what is the likely result of their recommendations?
How can such recommendations affect data privacy, Constitutional considerations, consumer protections, and more?
And why should even well-intentioned people reject its structure in favor of other, less draconian alterantives?
Perhaps it is (past) time that Congress "Earn It"...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/VkIuJBzplpA
Discussed in this episode:
"Congress proposes anti-child abuse rules to punish web platforms — and raises fears about encryption" The Verge - March 5, 2020 - Adi Robertson https://www.theverge.com/2020/3/5/21162983/congress-senate-earn-it-act-lindsey-graham-richard-blumenthal-section-230-encryption-bill-proposed
"Hey [Hoeg Law], would you be interested in covering the topic of the EARN IT Act bill?" Tweet - March 22, 2020 - Justin Greene (@AnimeCwboy) https://twitter.com/AnimeCwboy/status/1241855121853575168
"Protection for private blocking and screening of offensive material" 47 USC 230 https://uscode.house.gov/view.xhtml?req=(title:47%20section:230%20edition:prelim)
The "EARN IT Act of 2020" Senate Bill 3398 https://www.lgraham.senate.gov/public/index.cfm/sponsored-bills
"Civil remedy for personal injuries" 18 USC 2255 https://www.law.cornell.edu/uscode/text/18/2255
"Certain activities relating to material..." 18 USC 2252 https://www.law.cornell.edu/uscode/text/18/2252
"Certain activities relating to material..." 18 USC 2252A https://www.law.cornell.edu/uscode/text/18/2252A
"Reporting requirements of providers" 18 USC 2258A
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Nintendo has begun pulling down content that infringes on its valuable intellectual property (in this case, Mario) from the Sony PlayStation 4 game "Dreams".
Is this just the beginning?
Why did Nintendo act now?
And if such creations are illegal, why do so many already appear in Dreams (and elsewhere on the Internet)?
The value of infringement is in the eye of the beholder (TM - Hasbro)...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/tyneXcS72uI
Discussed in this episode:
"Nintendo is going after creations in Dreams related to their franchises" Reddit Thread - March 21, 2020 - u/NeoStark https://www.reddit.com/r/Games/comments/fmg03i/nintendo_is_going_after_creations_in_dreams/
"Good news and bad news..." Tweet - March 20, 2020 - Piece of Craft (@Piece_of_Craft) https://twitter.com/Piece_of_Craft/status/1241144959467569152
"Virtual Legality #16 - Copyright and "Dreams" (Hoeg Law)" YouTube Video - January 23, 2019 - Hoeg Law https://youtu.be/fYN39fTXEio
"Help Us Out, Hoeg #1 - Fan Games" YouTube Video - May 7, 2018 - Hoeg Law https://youtu.be/DWEYgttF5eA
"Exclusive rights in copyrighted works" 17 USC 106 https://www.law.cornell.edu/uscode/text/17/106
"Limitations on exclusive rights: Fair use" 17 USC 107 https://www.law.cornell.edu/uscode/text/17/107
"Streaming, Copyright Infringement, and Fair Use (Virtual Legality #177)" YouTube Video - February 19, 2020 - Hoeg Law https://youtu.be/vTjsKrC3tOE
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
GameStop has instructed management to counter law enforcement efforts to close down its stores by referring to the video game provider's services as "essential retail".
But is the claim quite as crazy as it seems?
GameStop may be oily, but is it "essential" oil? We consider...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/qvWH6oSliQo
Discussed in this episode:
"GameStop: We Can Stay Open During Lockdowns Because We're 'Essential Retail'" Kotaku - March 19, 2020 - Jason Screier https://kotaku.com/gamestop-we-can-stay-open-during-lockdowns-because-wer-1842415962
"This could be a good virtuallegality" Tweet - March 19, 2020 - The ReTweeter (@BoneSawIsReady_) https://twitter.com/BoneSawIsReady_/status/1240770027227353090
"GameStop claims it is ‘essential retail’ to remain open amid coronavirus shutdowns" The Verge - March 19, 2020 - Megan Farokhmanesh https://www.theverge.com/2020/3/19/21187357/gamestop-coronavirus-essential-retail-shut-down-open
"San Francisco Issues New Public Health Order Requiring Residents Stay at Home Except for Essential Needs" Office of the Mayor of San Francisco - March 16, 2020 https://sfmayor.org/article/san-francisco-issues-new-public-health-order-requiring-residents-stay-home-except-essential
"California governor issues statewide order to ‘stay at home’ effective Thursday evening" CNBC - March 19, 2020 - Weizhen Tan and Riya Bhattacharjee https://www.cnbc.com/2020/03/19/california-governor-issues-statewide-order-to-stay-at-home-effective-thursday-evening.html
"EXECUTIVE ORDER N-33-20" State of California - March 19, 2020 https://covid19.ca.gov/img/Executive-Order-N-33-20.pdf
"IDENTIFYING CRITICAL INFRASTRUCTURE DURING COVID-19" CISA Website https://www.cisa.gov/identifying-critical-infrastructure-during-covid-19
"GameStop Instructs Employees to Ignore Law Enforcement And Not Shut Down" Vice - March 19, 2020 - Patrick Klepek https://www.vice.com/en_us/article/pkew4g/gamestop-instructs-employees-ignore-law-enforcement-not-shut-down-coronavirus
GameStop Letter to Customers Updated March 19, 2020 https://www.gamestop.com/preventive-measures.html
"A Note From Best Buy About COVID-19" Best Buy Blog - Updated March 19, 2020 https://corporate.bestbuy.com/a-note-from-best-buy-about-covid-19/
"GameStop's Employees Fear Its Coronavirus Policies Are Dangerously Flawed" Kotaku - March 16, 2020 - Ian Walker https://kotaku.com/gamestops-employees-fear-its-coronavirus-policies-are-d-1842367297
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Animal Crossing is ready for it's big coming out party, but will Amazon and other retailers be able to get it into the hands of customers? And what about Final Fantasy?
The FFVII Remake project is one of the biggest Square Enix has ever undertaken so what does it mean when they tell fans that they might not be able to deliver a product on release day.
The digital revolution may well truly be upon us...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/hSazq-aLzoc
Discussed in this episode:
"Animal Crossing: New Horizons preorder delays affecting some customers - check yours now!" GamesRadar - March 19, 2020 - Heather Wald https://www.gamesradar.com/animal-crossing-new-horizons-preorder-delays/
"Amazon delayed the shipment of my copy of Animal Crossing: New Horizons to Tuesday, March 24th." Tweet - March 19, 2020 - Stealth (@Stealth40k) https://twitter.com/Stealth40k/status/1240639889005314054
"Animal Crossing New Horizon Amazon Preorders Delays" Reddit Thread - March 19, 2020 https://www.reddit.com/r/NintendoSwitch/comments/fl5wrw/animal_crossing_new_horizon_amazon_preorders/
"Release update information." Tweet - March 18, 2020 - Final Fantasy VII Remake (@finalfantasyvii) https://twitter.com/finalfantasyvii/status/1240346138118684675
"Amazon warehouses receive only vital supplies in U.S., Europe amid coronavirus" Reuters - March 17, 2020 - Krystal Hu https://www.reuters.com/article/us-health-coronavirus-amazon-com-exclusi/exclusive-amazon-to-receive-only-vital-supplies-at-u-s-uk-warehouses-amid-coronavirus-outbreak-idUSKBN2142IM
"Digital sales now represent 74% of the US game market" GamesIndustryBiz - April 19, 2017 - James Brightman https://www.gamesindustry.biz/articles/2017-04-19-digital-sales-now-represent-74-percent-of-the-us-game-market
"Breakdown of U.S. computer and video game sales from 2009 to 2017, by delivery format" Statista https://www.statista.com/statistics/190225/digital-and-physical-game-sales-in-the-us-since-2009/#statisticContainer
"GameStop appoints Reggie Fils-Aimé to board of directors" VentureBeat - March 9, 2020 - Jeff Grubb https://venturebeat.com/2020/03/09/reggie-fils-aime-gamestop/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
As details about Sony's PlayStation 5 (PS5) are finally made public, the question becomes, "Are Sony and lead project architect Mark Cerny set to repeat the mistakes of the past?".
What are the PS5's most notable specs?
How does its approach differ from that of Microsoft's Xbox Series X?
Why might some of the PS5's "secret sauce" cause difficulties for developers?
And how might that call to mind memories of the PS3's CELL processor?
It's not just produce that has a "CELL by" date..in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/NXIxXPAfUWU
Discussed in this episode:
"Inside PlayStation 5: the specs and the tech that deliver Sony's next-gen vision" Eurogamer - March 18, 2020 - Richard Leadbetter https://www.eurogamer.net/articles/digitalfoundry-2020-playstation-5-specs-and-tech-that-deliver-sonys-next-gen-vision
"The Road to PS5" YouTube Video - March 16, 2020 - PlayStation https://youtu.be/ph8LyNIT9sg
"Sony PlayStation 4 Pro review" Eurogamer - November 10, 2016 - Richard Leadbetter https://www.eurogamer.net/articles/digitalfoundry-2016-playstation-4-pro-review
"Inside Xbox Series X: the full specs" Eurogamer - March 16, 2020 - Richard Leadbetter https://www.eurogamer.net/articles/digitalfoundry-2020-inside-xbox-series-x-full-specs
"The Untapped Potential of the PS3’s CELL Processor And How Naughty Dog Tamed The Beast" GamingBolt - August 16, 2017 - Arjun Krishna Lal https://gamingbolt.com/the-untapped-potential-of-the-ps3s-cell-processor-and-how-naughty-dog-tamed-the-beast
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF THE SERIES HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Like many others around the world, YouTube has elected to enter the brave new era of remote work. Unlike other companies, however, YouTube has now expressly said that such "remoteness" will effectively break their ability to do the things they said they would do, and with only an acknowledgement that such a state of affairs will be "hard".
Enter the Age of The Bots.
How does YouTube operate and what is now changing with its service?
How much (and how often) will software algorithms (bots) control what users of the platform see and hear?
And why should content creators be nervous about the language YouTube has used?
At least the Borg had a cool catchphrase..in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/8ZcT-lJGtIg
Discussed in this episode:
"As COVID-19 evolves, we’re doing our best to support those who watch, create, & make a living on YouTube." Tweet - March 16, 2020 - Team YouTube https://twitter.com/TeamYouTube/status/1239608882462371840
"Protecting our extended workforce and the community" YouTube Creator Blog - March 16, 2020 https://youtube-creators.googleblog.com/2020/03/protecting-our-extended-workforce-and.html
"YouTube warns of increased video removals during COVID-19 crisis" TechCrunch - March 16, 2020 - Sarah Perez https://techcrunch.com/2020/03/16/youtube-warns-of-increased-video-removals-during-covid-19-crisis/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF THE SERIES HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Novel Coronavirus (COVID-19) has changed much about 2020, but one thing to be thankful for is the number and quality of the entertainments that can be digitally streamed across the world.
As gaming servers get slammed and infrastructure challenged, we ask the question: "Can Gaming Save Lives?"
It's "Games in the Time of Corona"...in Virtual Legality.
Check out the Video at: https://youtu.be/4ToSpI8wDTU
Discussed in this episode:
"Record number of Steam users online during coronavirus outbreak" GamesIndustryBiz - March 16, 2020 - James Batchelor https://www.gamesindustry.biz/articles/2020-03-16-record-number-of-steam-users-online-during-coronavirus-outbreak
"#Steam has just reached a new concurrent online user record of 20 million" Tweet - March 15, 2020 - Steam Database https://twitter.com/SteamDB/status/1239180882826715136
"Steam has a record-breaking 20 million concurrent users as coronavirus keeps people home" PC Gamer - March 15, 2020 - Jody MacGregor https://www.pcgamer.com/steam-has-a-record-breaking-20-million-concurrent-users-as-coronavirus-keeps-people-home/
"Counter-Strike: Global Offensive hits 1m concurrent players for the first time" Eurogamer - March 14, 2020 - Wesley Yin-Poole https://www.eurogamer.net/articles/2020-03-14-counter-strike-global-offensive-hits-1m-concurrent-players-for-the-first-time
"Xbox Live says service has been restored after more than two hours offline" The Verge - March 15, 2020 - Kim Lyons https://www.theverge.com/2020/3/15/21180841/xbox-live-is-down
"Xbox Live struggled to cope with demand last night" Eurogamer - March 16, 2020 - Emma Kent https://www.eurogamer.net/articles/2020-03-16-xbox-live-struggled-to-cope-with-demand-last-night
"PlayStation Network (PSN) servers down – Players unable to play games with login errors & connectivity issues" DigiStatement - March 16, 2020 - Ankit Kumar https://digistatement.com/playstation-network-psn-servers-down-players-unable-to-play-games-with-login-errors-connectivity-issues/
"Animal Crossing: New Horizons Review Roundup" Tweet - March 16, 2020 - Stealth https://twitter.com/Stealth40k/status/1239553163402887168
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Novel Coronavirus (COVID-19) has changed much about 2020 and likely will change much about our collective future, but while such uncertainty is always unpleasant, there is much to be reflect on and be thankful for.
-----As I believe this video will be demonetized (and thus otherwise ignored by YouTube), please share it around with anyone you think might be interested. And we'll be back with all the legal and business talk you love here, before you know it. Cheers.-----
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
2K Games has finally entered into a new licensing arrangment with the National Football League (NFL). It's everything football fans have ever wanted! Or is it?
Join us as we take a deep dive into the 2K Press Release, the original Electronic Arts (EA) press release, deceptive headlines, and deceptive responses.
Robot Chris Berman will always be with us..in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/iMoQBwdpxgc
Discussed in this episode:
"EA's 15-year-long exclusivity deal with the NFL for 'Madden' is finally coming to an end" Business Insider - March 10, 2020 - Ben Gilbert https://www.businessinsider.com/madden-nfl-2k-sports-football-games-2020-3
"2K returns to making NFL video games, but not a Madden competitor" Polygon - March 10, 2020 - Samit Sarkar https://www.polygon.com/2020/3/10/21172310/nfl-2k-sports-football-video-games-deal-ea-madden
"NFL and 2K Announce Partnership to Produce Multiple New Video Games" NFL Communications - March 10, 2020 https://nflcommunications.com/Pages/NFL-and-2K-Announce-Partnership-to-Produce-Multiple-New-Video-Games.aspx
"EA Enters into Exclusive Agreements with NFL and PLAYERS INC to Expand and Integrate Customer Entertainment Experience" Business Wire - December 13, 2004 https://www.businesswire.com/news/home/20041213005991/en/EA-Enters-Exclusive-Agreements-NFL-PLAYERS-Expand
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF THE SERIES HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
NVidia's streaming video game project GeForce Now has seen publishers big (2K, Activision Blizzard, and Bethesda) and small (Hinterland Studio - The Long Dark) alike ask Nvidia to remove their content from the project. But many think such publishers should not be permitted, by law or by contract, to effect such removal.
What are some of the arguments these game players (and industry observers) are making?
What are the strengths and weaknesses of these arguments?
And has the Supreme Court of the United States (SCOTUS) already decided here through it's ruling in "ABC v Aereo, Inc."?
To Aereo is human, to forgive divine...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/JKjxfDJXV1E
Discussed in this episode:
""The Long Dark" of Licensing: Nvidia's GeForce Now (Virtual Legality #184)" YouTube Video - March 3, 2020 - Hoeg Law https://youtu.be/sN7nZDCVuD0
GeForce Now Website https://www.nvidia.com/en-us/geforce-now/
"The Long Dark Developer Asks Nvidia to Take Game Off GeForce Now, Saying Company Didn't Ask Permission to Host It on Their Service" IGN - March 2, 2020 - Joseph Knoop https://www.ign.com/articles/long-dark-nvidia-geforce-now-streaming-takedown
"Sorry to those who are disappointed you can no longer play #thelongdark on GeForce Now." Tweet - March 1, 2020 - Raphael van Lierop (@RaphLife) https://twitter.com/RaphLife/status/1234181315840229376
"Why ‘The Long Dark’ Developer Is Wrong To Pull The Game From GeForce Now" Forbes - March 3, 2020 - Erik Kain https://www.forbes.com/sites/erikkain/2020/03/03/why-the-long-dark-developer-is-wrong-to-pull-the-game-from-geforce-now/#a5cdf39ad2d8
"The controversy over GeForce Now, explained" PC Gamer - March 4, 2020 -Wes Fenlon https://www.pcgamer.com/the-controversy-over-geforce-now-explained/
"Remote Play Together is a particularly fascinating one because it basically disproves damn near everything you've said in one easy link:" Twitter - March 6, 2020 - Rick Huddy (@ThatFuzzyTiger) https://twitter.com/ThatFuzzyTiger/status/1236120379166470144
"Steam Remote Play" Steamworks Documentation https://partner.steamgames.com/doc/features/remoteplay
"Steam Subscriber Agreement" https://store.steampowered.com/subscriber_agreement/
Zenimax/Bethesda EULA https://bethesda.net/data/eula/en.html
GeForce Now Terms of Use Updated: November 12, 2019) https://www.nvidia.com/en-us/geforce-now/terms-of-use/
"Exclusive rights in copyrighted works" 17 USC 106 https://www.law.cornell.edu/uscode/text/17/106
"ABC v. Aereo, Inc." 573 U.S. 431 (2014) https://supreme.justia.com/cases/federal/us/573/431/
"Definitions" ("publicly") 17 USC 101 https://www.law.cornell.edu/uscode/text/17/101
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF THE SERIES HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
COPPA, DMCA, Copyright, Fair Use, Terms of Service - the list goes ever on as the landscape of legal questions surrounding YouTube and our modern age of digital sharing is ever-shifting and expanding.
Now, even lawyers and law schools have been forced to examine the present state of play, as presenters at a copyright infringement explanation seminar (of all things) have triggered the wrath of YouTube's Content ID algorithm.
What happened at NYU Law's Engelberg Center to give rise to the claim?
What was NYU's position on fair use?
Why did it not matter?
And how do robotic content identification, the ability for IP holders to escalate claims to copyright strikes, and the incentives present in the current DMCA all combine to create these untenable positions?
Even copyright lawyers can get stuck in YouTube's web...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/kF2GMxChNkA
Discussed in this episode:
"Go read about a law school’s ridiculous battle over YouTube copyright strikes" The Verge - March 5, 2020 - Adi Robertson https://www.theverge.com/2020/3/5/21165108/youtube-nyu-law-school-engelberg-center-blurred-lines-music-copyright-video
"How Explaining Copyright Broke the YouTube Copyright System" NYU Law - March 4, 2020 https://www.law.nyu.edu/centers/engelberg/news/2020-03-04-youtube-takedown
"Copyright counter notification basics" YouTube Help https://support.google.com/youtube/answer/2807684?hl=en
"Copyright strike basics" YouTube Help https://support.google.com/youtube/answer/2814000?hl=en
"Netflix: "Choose Your Own Adventure" is Too Generic to Live (Virtual Legality #185)" YouTube Video - March 4, 2020 - Hoeg Law https://youtu.be/W3ZtxSpp2ig
"Copyright School" YouTube Video/Application https://www.youtube.com/copyright_school
"Limitations on liability relating to material online" 17 U.S. Code 512 (the "DMCA") https://www.law.cornell.edu/uscode/text/17/512
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Netflix's Black Mirror episode "Bandersnatch", was interesting, frustrating, and award winning in (mostly) equal measure. But was it a "Choose Your Own Adventure"? The owners of that particular trademark, ChooseCo LLC, certainly don't think so, and by suing Netflix for it's use of the term, they have made their displeasure known.
Now, having failed to get the suit kicked out of court, Netflix has decided to raise the stakes, filing a counterclaim that the "Choose Your Own Adventure" trademark is generic by its very nature, and that ChooseCo's rights to the same should be cancelled by the court.
What does this kind of "genericide" mean in the law? How does it work?
Why is it being used by Netflix (and why now)?
And how is this escalation being used by Netflix to encourage ChooseCo to either drop or settle their lawsuit?
The analysis is neither generic nor frumious...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/W3ZtxSpp2ig
Discussed in this episode:
"Netflix Seeks Cancellation of "Choose Your Own Adventure" Trademark in 'Bandersnatch' Dispute" The Hollywood Reporter - February 26, 2020 - Ashley Cullins https://www.hollywoodreporter.com/thr-esq/netflix-seeks-cancellation-choose-your-own-adventure-trademark-bandersnatch-dispute-1281305
"Netflix hit with a Choose Your Own Adventure lawsuit over Black Mirror: Bandersnatch" Polygon - January 11, 2019 - Austen Goslin https://www.polygon.com/2019/1/11/18178615/netflix-black-mirror-lawsuit-choose-your-own-adventure-bandersnatch-chooseco
"Bandersnatch Netflix Chooseco lawsuit" Filed: January 11, 2019 https://www.scribd.com/document/397269756/Bandersnatch-Netflix-Chooseco-lawsuit
"Trademark, Patent, or Copyright?" USPTO Website https://www.uspto.gov/trademarks-getting-started/trademark-basics/trademark-patent-or-copyright
CHOOSE YOUR OWN ADVENTURE Trademark USPTO Website https://tsdr.uspto.gov/#caseNumber=2913403&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
"Remedies; infringement; innocent infringement by printers and publishers" 15 USC 1114 https://www.law.cornell.edu/uscode/text/15/1114
"False designations of origin, false descriptions, and dilution forbidden" 15 USC 1125 https://www.law.cornell.edu/uscode/text/15/1125
"Netflix Loses Bid to Dismiss $25 Million Lawsuit Over 'Black Mirror: Bandersnatch'" The Hollywood Reporter - February 11, 2020 - Eriq Gardner https://www.hollywoodreporter.com/thr-esq/netflix-loses-bid-dismiss-25-million-lawsuit-black-mirror-bandersnatch-1278701
"Cancellation of registration" 15 USC 1064 https://www.law.cornell.edu/uscode/text/15/1064
"Elliott v. Google, Inc." 9th Circuit Decision 2017 https://law.justia.com/cases/federal/appellate-courts/ca9/15-15809/15-15809-2017-05-16.html
"Choose Your Own Adventure" Wikipedia Entry https://en.wikipedia.org/wiki/Choose_Your_Own_Adventure
"Star Wars: The Judicial Opinions" Mallory Law Office Blog - January 5, 2016 http://mallorylawoffice.blogspot.com/2016/01/star-wars-judicial-opinions.html
ALSO REFERENCED:
"Black Mirror: Bandersnatch - Postmortem (Hoeg Law)" YouTube Video - December 30, 2018 - Hoeg Law https://youtu.be/JqZX3bcCdAI
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
NVidia's GeForce Now project presents a tantalizing future - one where PC gamers can have access to their library of Steam, Epic, and GOG libraries anywhere and on-the-go for the cost of a small membership fee.
But now that GeForce Now is out of beta and commercially available, developers and publishers are pulling their games from the nascent service.
What is GeForce Now and how does "virtualization" work?
Why are licenses like Steam's probably not as clear as they should be as we move into the cloud streaming era?
Why might developers of games like The Long Dark (Hinterlands) want their games off the service?
And how might their reasons be different from larger publishers like Activision Blizzard?
It may be time for licenses to get a bit more "virtual", as we discuss...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/sN7nZDCVuD0
Discussed in this episode:
GeForce Now Website https://www.nvidia.com/en-us/geforce-now/
"The Long Dark Developer Asks Nvidia to Take Game Off GeForce Now, Saying Company Didn't Ask Permission to Host It on Their Service" IGN - March 2, 2020 - Joseph Knoop https://www.ign.com/articles/long-dark-nvidia-geforce-now-streaming-takedown
"Sorry to those who are disappointed you can no longer play #thelongdark on GeForce Now." Tweet - March 1, 2020 - Raphael van Lierop (@RaphLife) https://twitter.com/RaphLife/status/1234181315840229376
GeForce Now Terms of Use Updated: November 12, 2019) https://www.nvidia.com/en-us/geforce-now/terms-of-use/
"Hardware virtualization" Wikipedia Entry https://en.wikipedia.org/wiki/Hardware_virtualization
"I read your quotes the other day and they make sense, but what keeps nagging at my mind is the "remote desktop" situation." Tweet - March 2, 2020 - @GameOverThirty https://twitter.com/GameOverThirty/status/1234548779174461441
"Steam Subscriber Agreement" https://store.steampowered.com/subscriber_agreement/
"END USER LICENSE AGREEMENTS FOR FINAL FANTASY VII REMASTERED (PC)" https://store.steampowered.com/eula/39140_eula
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF THE SERIES HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
"The Netflix of Gaming is coming" Business Insider proclaims, with a heaping helping of doom and gloom from anonymous sources.
Why is the model shifting?
What changes do Game Pass, Apple Arcade, Stadia and more bring to the industry?
And how do stagnancy and fear of change present the greatest risk of all?
Fear is the mind-killer...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/UQQCqBzmrPw
Discussed in this episode:
"The ‘Netflix of gaming’ is coming, and video game makers are worried that their business could meet the same fate as music and movies" Business Insider - February 25, 2020 - Ben Gilbert https://www.businessinsider.com/video-game-subscription-services-developer-concerns-microsoft-apple-netflix-2020-2
"Smart Delivery: Xbox's Bid to End the Console War (Virtual Legality #179)" YouTube Video - February 24, 2020 - Hoeg Law https://youtu.be/4t5Sq3Yh5AA
"Netflix just spent $200 million for ‘Game of Thrones’ creators, but the cost could be greater" CNBC - August 9, 2019 - Sarah Whitten https://www.cnbc.com/2019/08/09/netflix-just-spent-200-million-for-game-of-thrones-creators.html
"The music industry was left for dead a few years ago. Now it's booming again" CNN Business - February 28, 2020 - Frank Pallotta https://www.cnn.com/2020/02/28/media/music-industry-streaming/index.html
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF THE SERIES HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
The prevalence of YouTube, Twitter, Facebook, and the other tech giants in our daily lives, has led many to debate what, if any, legal limitations should apply to their operation.
While that debate will undoubtedly continue, today marks what may be a fairly definitive end (barring Supreme Court interest) for at least one avenue of opponents' attacks: the first amendment.
What did the Ninth Circuit Court of Appeals have to say about YouTube, freedom of speech, and the First Amendment to the US Constitution?
How does it mirror discussions we've had regarding terms of service and legal operation?
And where do things go from here.
YouTube isn't Congress, yet...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/EDBjYkobBuk
Discussed in this episode:
"First Amendment doesn’t apply on YouTube; judges reject PragerU lawsuit" Ars Technica - February 26, 2020 - Jon Brodkin https://arstechnica.com/tech-policy/2020/02/first-amendment-doesnt-apply-on-youtube-judges-reject-prageru-lawsuit/
Prager University vs Google LLC Ninth Circuit Court of Appeals - February 26, 2020 https://cdn.arstechnica.net/wp-content/uploads/2020/02/youtube-1st-amendment-ruling.pdf
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF THE SERIES HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
It's rare for a Justice of the Supreme Court of the United States (SCOTUS) to publicly dissent from the Court's denial of review (certiorari), and rarer still for such public dissent to formally rebuke their own previous thinking (and court holding).
But that's exactly what happened when Justice Clarence Thomas indicated his desire to revisit his holding in "Brand X".
What was the Court's holding in the Brand X case?
How did it rely on the concept of Chevron Deference (and what is that anyway)?
And how would a change in the Court's deference to executive branch agencies change the landscape of modern US governance (including interpretations as far reaching as COPPA, Net Neutrality, IRS deadlines, and more)?
Deference to deference is no defense...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/jlRorkusYVY
Discussed in this episode:
"Clarence Thomas regrets ruling that Ajit Pai used to kill net neutrality" Ars Technica - February 26, 2020 - Jon Brodkin https://arstechnica.com/tech-policy/2020/02/clarence-thomas-regrets-ruling-that-ajit-pai-used-to-kill-net-neutrality/
"Justice Thomas rues missed opportunity to curtail government power" The Hill - February 24, 2020 - John Kruzel https://thehill.com/regulation/court-battles/484375-justice-thomas-rues-missed-opportunity-to-curtail-government-power
Baldwin v US Denial of Cert; J. Thomas Dissent https://www.supremecourt.gov/opinions/19pdf/19-402_o75p.pdf
"Chevron Deference" Legal Information Institute https://www.law.cornell.edu/wex/chevron_deference
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF THE SERIES HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
The anonymous source behind Sophia Narwitz' article regarding a political "clique" in games journalism, has spoken! Maybe. (That's the trouble with anonymity.)
What does the supposed source's anonymous Blogspot post say about what they intended to convey?
How does the alleged "clique" operate, and what are its effects?
How might we all might be better served in our communications both within and outside the industry?
And With a few more personal anecdotes from us (who has seen more than our share of these issues in only the past few years on social media).
It may be clique-bait, but it's not click-bait...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/r-hjqMEd1Q0
Discussed in this episode:
"The Games Media Clique and The Fear To Speak Up" BlogSpot Blog - February 24, 2020 - Anonymous https://throwawayblog234567.blogspot.com/
"Games Journalism, Cliques, and Conformity (Virtual Legality #178)" YouTube Video - February 20, 2020 - Hoeg Law https://youtu.be/ynvvyt2dfq4
"‘If you are conservative, you have no chance’: Games journalism insider outs ‘clique’ that runs industry like private domain" RT - February 19, 2020 - Hoeg Law https://www.rt.com/news/481220-games-journalism-clique-industry/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF THE SERIES HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Microsoft takes aim at long time competitors and long time industry practices with "Smart Delivery" - a well worn concept deliver in a new package.
What is Smart Delivery, and how does it mimic the PC gaming ecosystem?
How are Microsoft, Xbox, and Phil Spencer using Smart Delivery and the generational transition in general to try to strengthen the network effects of the Xbox brand?
And what kind of pressure are they putting on Sony and third party publishers alike?
Generation "X" has plans for Generation "Xbox"...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/4t5Sq3Yh5AA
Discussed in this episode:
"What You Can Expect From the Next Generation of Gaming" Xbox Website - February 24, 2020 - Phil Spencer https://news.xbox.com/en-us/2020/02/24/what-you-can-expect-next-generation-gaming/
"Network effect" Wikipedia Entry https://en.wikipedia.org/wiki/Network_effect
"Spencer: "I don’t need to sell any specific version of the console in order for us to reach our business goals." Tweet - February 24, 2020 - Mat Piscatella (@MatPiscatella) https://twitter.com/MatPiscatella/status/1232013786845827077
"XBOX BOSS PHIL SPENCER ON THE FUTURE OF GAMING: ‘THE BUSINESS ISN’T HOW MANY CONSOLES YOU SELL’" The Verge - Jun 11, 2019 - Andrew Webster https://www.theverge.com/2019/6/11/18661247/phil-spencer-interview-xbox-project-scarlett-xcloud-e3-2019
Movies Anywhere Website https://moviesanywhere.com/welcome
"Gamers should never be forced to purchase the same game twice or pay for upgrades." Tweet - February 24, 2020 - @CyberpunkGame https://twitter.com/CyberpunkGame/status/1231961469669068800
"Sources: Microsoft Is Still Planning A Cheaper, Disc-Less Next-Gen Xbox" Kotaku - December 4, 2019 - Jason Schreier https://kotaku.com/sources-microsoft-is-still-planning-a-cheaper-disc-le-1840203823
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF THE SERIES HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Is games journalism secretly run by a political "clique"? Mere "conspiracy theory nonsense" or is it that conformity of thought tends to weed out dissidents?
We dive deep into the latest article from Sophia Narwitz, and also discuss our personal experiences with games journalism and the warnings that we, ourselves, have received.
It's a long one but a good one.
Sects are just philosophical or political groups ...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/ynvvyt2dfq4
Discussed in this episode:
"A prominent source spoke to me about a “clique” of game journalists who are gatekeeping..." Tweet - February 19, 2020 - @SophNar0747 https://twitter.com/SophNar0747/status/1230166048411967489
"‘If you are conservative, you have no chance’: Games journalism insider outs ‘clique’ that runs industry like private domain" RT - February 19, 2020 - Sophia Narwitz https://www.rt.com/news/481220-games-journalism-clique-industry/
"Not that I have your prominence, but I can say that I was warned in various circles for even interacting with you..." Tweet - February 19, 2020 - Hoeg Law https://twitter.com/HoegLaw/status/1230224596349091840
"Colin Moriarty, Sacred Symbols, and broken PAX Promises: A Lawyer's View (VL79) (Hoeg Law)" YouTube Video - July 31, 2019 - Hoeg Law https://youtu.be/rkEHw5B6KWU
"Unforced Error: A Lawyer's View on the ESA's Doxxing of 2000+ E3 Attendees (VL81)" YouTube Video - August 3, 2019 - Hoeg Law https://youtu.be/yNA2xRNwq4s
"Political Discrimination and Law Professor Hiring" Abstract - NYU Journal of Law & Liberty, Vol. 11, 2019 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3224508
"Virtual Legality Extra - It's About Ethics in Games Journalism... (Hoeg Law)" YouTube Video - February 7, 2019 - Hoeg Law https://youtu.be/DySHnxw6B5s
"I Wish 'Resident Evil 2' Let Me Be a More Compassionate Hero" Vice - February 1, 2019 - Danielle Riendeau https://www.vice.com/en_us/article/59xgqz/resident-evil-2-survivor-compassion
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF THE SERIES HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Copyright and Fair Use are widely misunderstood. More specifically, the existence of things like "Let's Plays" and reaction streams causes deserved confusion (like MxR Plays/Jukin Media), especially for those trying to make a living in this strange ecosystem of YouTube, Twitch, Mixer, and the rest.
Join us as we dive into how copyright and infringement work in this specific set of cases, and how digital software licenses and the resulting state of potentially "permanent ambiguous infringement" creates more moral hazard than one might otherwise assume.
Fair Use isn't always "fair"...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/vTjsKrC3tOE
Discussed in this episode:
"Exclusive rights in copyrighted works" 17 USC 106 https://www.law.cornell.edu/uscode/text/17/106
"Warning to anyone that intends to call out EA..." Tweet - February 15, 2020 - @Kurt0411Fifa https://twitter.com/Kurt0411Fifa/status/1228693512201342977
"We've certainly talked about this in #VirtualLegality a great deal, but it's worth revisiting." Tweet - February 17, 2020 - @Hoeg Law https://twitter.com/HoegLaw/status/1229508896944947200
Definition of "Largesse" Meriam-Webster https://www.merriam-webster.com/word-of-the-day/largesse-2019-02-01
"Access journalism" Wikipedia Article https://en.wikipedia.org/wiki/Access_journalism
"Limitations on exclusive rights: Fair use" 17 USC 107 https://www.law.cornell.edu/uscode/text/17/107
"YouTube’s “MxR Plays”: Fair Use, Extortion, and the Muddy Middle of Copyright (VL155)" YouTube Video - January 10, 2020 - Hoeg Law https://youtu.be/VtV_nYZT-mg
""Persona 5 Scramble the Phantom Strikers" Announcement of Distribution Guidelines for Movies and Live Broadcasts" Persona Channel (TRANSLATED) http://p-ch.jp/news/5617/
"A Note on Persona 5 and Streaming" Atlus Blog - April 4, 2017 https://atlus.com/note-persona-5-streaming/
"Persona 5 - Box Scan" GameFaqs https://gamefaqs.gamespot.com/ps4/835628-persona-5/images/1619521
"Software Product License Agreement" PlayStation Website https://www.playstation.com/en-us/legal/softwarelicense/
"Persona 5’s PS4 share features are disabled" Polygon - March 29, 2017 - Julia Alexander https://www.polygon.com/2017/3/29/15115762/persona-5-ps4-share-disabled
"An Update on Persona 5 and Streaming" Atlus Blog - April 27, 2017 https://www.theverge.com/2017/4/27/15442580/persona-5-streaming-atlus-screenshots-social
"ELECTRONIC ARTS USER AGREEMENT" Updated July 18, 2019 https://tos.ea.com/legalapp/WEBTERMS/US/en/PC/
"How to request permission to use EA content" EA Help https://help.ea.com/en-us/help/faq/how-to-request-permission-for-ea-games-content/
"MINECRAFT END USER LICENSE AGREEMENT" https://www.minecraft.net/en-us/eula/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF THE SERIES HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Google and YouTube (through their application YouTube TV) has joined other streaming media stalwarts like Spotify and Netflix in cutting Apple out of their subscription revenue streams.
What does such a move mean for YouTube, Google, Google Play, and other "walled garden" hardware producers?
How might the "anti-competitive monopoly" argument currently winding its way through various courts bounce back on companies like Google (which operate their own walled garden "monopolies")?
And what can we expect from other digital fields (like video games)as other third party content creators continue to assault various platform "taxes"?
We've definitely the monopoly providers of this, specific YouTube series...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/afX0y0YyuDs
Discussed in this episode:
"This Week in Apps" TechCrunch - February 15, 2020 - Sarah Perez https://techcrunch.com/2020/02/15/this-week-in-apps-youtube-tv-cancels-apples-rev-share-more-bad-news-for-mobile-voting-whatsapp-hits-2b-users/
"Spotify is going to war with Apple, filing an antitrust complaint over fears that it is crushing competitors" Business Insider - March 13, 2019 - Isobel Asher Hamilton https://www.businessinsider.com/spotify-eu-antitrust-complaint-against-apple-2019-3?r=US&IR=T
"Netflix stops paying the 'Apple tax' on its $853M in annual iOS revenue" TechCrunch - December 31, 2018 - Sarah Perez https://techcrunch.com/2018/12/31/netflix-stops-paying-the-apple-tax-on-its-853m-in-annual-ios-revenue/
"YouTube TV Ending Support for App Store Subscriptions in March" MacRumors - February 13, 2020 - Juli Clover https://www.macrumors.com/2020/02/13/youtube-tv-app-store-subscriptions-ending/
"YouTube TV will cancel subscriptions of customers using Apple’s in-app payments in March" The Verge - February 13, 2020 - Chris Welch https://www.theverge.com/2020/2/13/21136730/youtube-tv-ending-apple-app-store-in-app-subscription
"YouTube is the frontrunner in the mobile streaming wars, and it’s not even close" The Verge - February 13, 2020 - Julia Alexander https://www.theverge.com/2020/2/13/21136335/youtube-streaming-wars-mobile-android-tiktok-netflix-quibi
"'Fortnite' CEO Takes Aim at Google, Facebook for "Loss of Privacy, Freedom"" The Hollywood Reporter - February 12, 2020 - Patrick Shanley https://www.hollywoodreporter.com/news/epic-games-ceo-tim-sweeney-takes-aim-at-google-facebook-1278812
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF THE SERIES HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
With Sony apparently facing unexpectedly high manufacturing costs for its PlayStation 5 (PS5) console ($450!), and Microsoft's continuing move to transform it's gaming division into a software as a service (SaaS) revenue generator, Xbox (and Xbox Series X) finds itself in a fairly unique position as gamers move into the next generation of consoles?
What did the Bloomberg Technology article (that everyone's quoting) actually say about what's happening internally at Sony?
How does a differing business model advantage Microsoft?
And what of Microsoft's rumored "Lockhart" discless system? How might that change the console landscape?
We're always willing to quote at least one Bloomberg...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/LhrBew5vpSg
Discussed in this episode:
PlayStation 5 Website https://www.playstation.com/en-us/explore/ps5/
"Sony Is Struggling With PlayStation 5 Price Due to Costly Parts" Bloomberg - February 13, 2020 - Takashi Mochizuki https://www.bloomberg.com/news/articles/2020-02-14/sony-is-struggling-with-playstation-5-price-due-to-costly-parts
"Will the Coronavirus Delay PS5 and Xbox Series X? (VL168)" YouTube Video - February 7, 2020 - Hoeg Law https://youtu.be/fkavDZMtQrM
"The PlayStation 5 and new Xbox are due out this holiday, but both could be delayed because of the coronavirus" Business Insider - February 6, 2020 - Ben Gilbert https://www.businessinsider.com/playstation-5-xbox-series-x-delay-wuhan-coronavirus-2020-2/
"PS5 price has yet to be determined, Sony suggests" VGC - February 4, 2020 - Tom Ivan https://www.videogameschronicle.com/news/ps5-price-yet-to-determined/
"Xbox Series X Vs. PlayStation 5: Microsoft Is Still Holding A Huge Wild Card" Forbes - February 16, 2020 - Dave Thier https://www.forbes.com/sites/davidthier/2020/02/16/xbox-series-x-vs-playstation-5-microsoft-is-still-holding-a-huge-wild-card/#3ffcd35a428c
"Sources: Microsoft Is Still Planning A Cheaper, Disc-Less Next-Gen Xbox" Kotaku - December 4, 2019 - Jason Schreier https://kotaku.com/sources-microsoft-is-still-planning-a-cheaper-disc-le-1840203823
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF THE SERIES HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com/ Blog: hoeglaw.wordpress.com/
Geoff Keighley has left E3. Drew Karpyshyn has left Bioware (years ago, but still).
Each has made some pretty dramatic statements.
But when does it make sense to read between the lines? And when does it not?
There's always something interesting to parse...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/vzOy0zYK9sM
Discussed in this episode:
"I wanted to share some important news about my plans around E3 2020." Tweet - February 12, 2020 - Geoff Keighley https://twitter.com/geoffkeighley/status/1227638604618293248
"Unforced Error: A Lawyer's View on the ESA's Doxxing of 2000+ E3 Attendees (VL81)" YouTube Video - August 3, 2019 - Hoeg Law https://www.youtube.com/watch?v=yNA2xRNwq4s
"E3 Succumbs to the Age of the Influencer – What you Need to Know (VL103)" YouTube Video - September 17, 2019 - Hoeg Law https://www.youtube.com/watch?v=kB1UewTSFmM
"E3 Strategy Deck Updated" ESA (uploaded by GameDailyBiz) https://www.scribd.com/document/426247478/E3-Strategy-Deck-Updated#from_embed
"Dropping Out: Sony, The ESA, and Two Competing Visions for E3 (VL157)" YouTube Video - January 13, 2020 - Hoeg Law https://www.youtube.com/watch?v=wzuH2Qma0xI
"PlayStation will not participate in E3 2020" GameIndustryBiz - January 13, 2020 - Christopher Dring https://www.gamesindustry.biz/articles/2020-01-11-playstation-will-not-participate-in-e3-2020
"ESA Statement on Sony E3 2020 Announcement" ESA - January 13, 2020 https://www.theesa.com/statements/esa-statement-on-sony-e3-2020-announcement/
"A ton of factors, I just don't really feel comfortable..." Tweet - February 12, 2020 - Geoff Keighley https://twitter.com/geoffkeighley/status/1227644985844981760
"Mass Effect writer Drew Karpyshyn says he left BioWare because it became too 'corporate'" PC Gamer - February 12, 2020 - Andy Chalk https://www.pcgamer.com/mass-effect-writer-drew-karpyshyn-says-he-left-bioware-because-it-became-too-corporate/
"Archetype Entertainment" Blog of Drew Karpyshyn - February 11, 2020 http://drewkarpyshyn.com/c/?page_id=2
Archeytype Entertainment Webpage https://www.archetype-entertainment.com/
"A New Beginning" Blog of Drew Karpyshyn - March 9, 2018 http://drewkarpyshyn.com/c/?p=1068#more-1068
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF THE SERIES HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
The sentencing of Roger Stone has had more twists and turns than a Trump tweet or the Mueller investigation itself.
What was Roger Stone convicted of and what is the baseline sentence for his charges?
How do the federal sentencing guidelines work, and what does it mean to offer "enhancements" to the underlying offense?
Why did the Department of Justice (DOJ) immediately rescind its sentencing advice and offer a new "amended and supplemental" filing only one day after its initial request?
Why did all four prosecuting attorneys resign in the face of such supplemental memorandum?
And why should the whole affair shine a spotlight not just on the present case, but also on the failures of rote sentencing "guidelines" across the justice (and political) spectrum?
It's a full 10 level sentencing increase if you're uncivil...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/t56jaQMkKzQ
Discussed in this episode:
"Trump ally Roger Stone found guilty of lying to Congress, witness tampering" CNBC - November 15, 2019 - Kevin Breuninger/Dan Mangan https://www.cnbc.com/2019/11/15/trump...
"Prosecutors ask for 7 to 9 years in prison for Roger Stone" CNN - February 11, 2020 - Katelyn Polantz https://www.cnn.com/2020/02/10/politi...
"READ: DOJ Files New Watered Down Sentencing Memo For Roger Stone" Talking Points Memo - February 11, 2020 - Josh Kovensky https://talkingpointsmemo.com/muckrak...
"All 4 federal prosecutors quit Stone case after DOJ overrules prosecutors on sentencing request" CNN - February 12, 2020 https://www.cnn.com/2020/02/11/politi...
Federal Sentencing Guidelines Sentencing Table https://www.ussc.gov/guidelines/2018-...
"Government's Sentencing Memorandum" https://www.cnn.com/2020/02/10/politi...
Federal Sentencing Guidelines 2K1.2 - Obstruction of Justice https://www.ussc.gov/guidelines/2018-...
"Trump congratulates Barr after prosecutors resign from Roger Stone case" Axios - February 12, 2020 - Zachary Basu https://www.axios.com/justice-departm...
""Government's Supplemental and Amended Sentencing Memorandum" https://drive.google.com/file/d/19BPh...
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF THE SERIES HERE: https://www.youtube.com/playlist?list...
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com/ Blog: hoeglaw.wordpress.com/
When Pokemon Sword and Shield leaks took over the Internet in early November 2019, Nintendo immediately launched into a series of investigations and lawsuits.
Now, Nintendo has publicly named Portuguese website FNintendo as one of the leakers, and more surprisingly FNintendo has admitted to the offense.
What is Nintendo's leak strategy here and why are they pursuing it?
What is a non-disclosure agreement and how does it operate to provide legal protection against leaks of just this type?
Why would FNintendo ever admit to culpability here, and was there some kind of agreement between the site and Nintendo?
If you admit to the offense there's no shield to protect you...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/B0vw4_QsFJs
Discussed in this episode:
"Nintendo’s Aggressive Hunt to Find Pokémon Leakers Has Found a New Target" Vice Games - February 11, 2020 - Patrick Klepek https://www.vice.com/en_us/article/5dmyy5/nintendos-aggressive-hunt-to-find-pokemon-leakers-has-found-a-new-target
"The Pokemon Company v John/Jane Doe 1-3" https://www.scribd.com/document/446582604/The-Pokemon-Company-International-Inc-v-Does-1-3
"Unilateral Non-Disclosure Agreement (NDA)" https://nondisclosureagreement.com/unilateral.html
"Nintendo fingers rogue reviewer for Pokémon Sword and Shield leaks" Eurogamer - February 11, 2020 - Tom Phillips https://www.eurogamer.net/articles/2020-02-11-nintendo-fingers-rogue-reviewer-for-pokemon-sword-and-shield-leaks
"Comunicado do FNintendo" FNintendo Post - February 11, 2020 https://fnintendo.net/article/13496-comunicado-do-fnintendo
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF THE SERIES HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com/ Blog: hoeglaw.wordpress.com/
Bioware's Anthem project will be a realm reborn after significant overhauls to the "core gameplay loop", at least according to the latest update issued by the company.
Join us as we discuss Bioware's latest messaging.
We love our musical puns...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/V0K9HvUBec4
Discussed in this episode:
"BioWare is officially redesigning Anthem" Polygon - February 10, 2020 - Austen Goslin https://www.polygon.com/2020/2/10/21131611/bioware-anthem-redesign-remake-updates
"Anthem Update" Bioware Blog Post - February 10, 2020 - Casey Hudson https://blog.bioware.com/2020/02/10/anthem-update-february-10/
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF THE SERIES HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com/ Blog: hoeglaw.wordpress.com/
The 2020 Oscars produced a historic win for international (and foreign language) film Parasite as the year's "Best Picture".
But what factor did the preferential voting system adopted by the Academy only a decade ago have on the victor?
How does the system work, and how does it differ from the system used by the Academy to award Best Director (also to Parasite's Bong Joon Ho)?
And how does it relate to the similar (but materially different) system used by the controversial 2020 Iowa Caucuses and (current) victor Mayor Pete Buttigieg?
We aim to be everyone's second favorite YouTube channel...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/lOD3G_VLzao
Discussed in this episode:
"Historic 'Parasite' Win Caps an Oscars Show Dedicated to Inclusion" Hollywood Reporter - February 9, 2020 - Piya Sinha-Roy https://www.hollywoodreporter.com/news/historic-parasite-win-caps-an-oscars-show-dedicated-inclusion-1278333
"How Oscar's Preferential Ballot Works — And Could Produce a Best Picture Shocker" Hollywood Reporter - February 24, 2019 - Scott Feinberg https://www.hollywoodreporter.com/race/how-oscar-s-preferential-ballot-works-could-produce-a-best-picture-shocker-1189677
"Instant-runoff voting" Wikipedia Entry https://en.wikipedia.org/wiki/Instant-runoff_voting#Resistance_to_tactical_voting
"WHY BOTHER HAVING SEPARATE OSCARS FOR BEST PICTURE AND BEST DIRECTOR?" The New Yorker- January 26, 2018 - Richard Brody https://www.newyorker.com/culture/richard-brody/why-bother-having-separate-oscars-for-best-picture-and-best-director
"ACADEMY AWARDS- BEST DIRECTOR* WINNERS" AMC Filmsite https://www.filmsite.org/bestdirs2.html
"GRAPHICS: How Iowa's Vote Totals Shifted From The 1st Alignment To The 2nd" NPR - February 8, 2020 - Elena Moore (@ElenaMMoore) https://www.npr.org/2020/02/08/803953713/graphics-how-iowas-vote-totals-shifted-from-the-1st-alignment-to-the-2nd
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF THE SERIES HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Twitter: @hoeglaw Web: hoeglaw.com/ Blog: hoeglaw.wordpress.com/
Fears surrounding China's novel coronavirus are sweeping the world, and as Business Insider reports (and as the actions of Microsoft and Sony could imply), the virus might well limit or even delay the start of next-gen for PlayStation 5, Xbox Series X, or both.
What can we take from the current roll out strategies of both Sony and Microsoft?
How do businesses react to exigent circumstances like a possible pandemic originating in the world's largest supplier of manufacturing capacity?
How are other players like Apple and Nintendo reacting?
Coronavirus is no joke, but it still might affect our play...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/fkavDZMtQrM
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF THE SERIES HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Discussed in this episode:
"PS5's Website Is Live, Promises Price, Release Date, And Games Are Coming" Gamespot - February 6, 2020 - Steve Watts https://www.gamespot.com/articles/ps5s-website-is-live-promises-price-release-date-a/1100-6473354/
PS5 Website https://www.playstation.com/en-us/explore/ps5/
"The PlayStation 5 and new Xbox are due out this holiday, but both could be delayed because of the coronavirus" Business Insider - February 6, 2020 - Ben Gilbert https://www.businessinsider.com/playstation-5-xbox-series-x-delay-wuhan-coronavirus-2020-2/
"China's coronavirus might disrupt Apple's production plans for the iPhone" Business Insider - January 28, 2020 - Isobel Asher Hamilton https://www.businessinsider.com/chinas-coronavirus-might-disrupt-iphone-12-production-2020-1
"Nintendo Switch shipments to Japan will be delayed by the coronavirus" Business Insider - February 6, 2020 - Charlie Wood https://www.businessinsider.com/nintendo-switch-shipments-to-japan-will-be-delayed-by-coronavirus-2020-2
"We’re delaying @OuterWorlds on Nintendo Switch due to the coronavirus" Tweet - February 6, 2020 - @Private Division https://twitter.com/PrivateDivision/status/1225530449994362906
"Sony’s chief financial officer Hiroki Totoki has suggested the company has yet to determine the PlayStation 5 price, as it attempts to balance its position based on several known and unknown factors." Video Games Chronicle - February 4, 2020 - Tom Ivan https://www.videogameschronicle.com/news/ps5-price-yet-to-determined/
Twitter: @hoeglaw Web: hoeglaw.com/ Blog: hoeglaw.wordpress.com/
As Warcraft III Reforged complaints move into their second week, we do a deep dive on both the messaging of Blizzard's "apology" and the context of their new refund policy.
Has Blizzard learned anything from the Blitzchung Ban controversy?
How is their message about Reforged likely to be received by their most fervent fans?
And what can we expect from the company in the future after the surprise announcement of Rod Fergusson's take over of Diablo?
Messaging may not be Blizzard's only issue...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/bMRzBWd3zr8
Discussed in this episode:
"Blizzard changes refund policy for Warcraft 3: Reforged to allow refunds upon request" Eurogamer - February 6, 2020 - Wesley Yin-Poole https://www.eurogamer.net/articles/2020-02-06-blizzard-changes-refund-policy-for-warcraft-3-reforged-to-allow-refunds-upon-request
Warcraft 3 Reforged Website https://playwarcraft3.com/en-us/
"WARCRAFT III: REFORGED DEVELOPER UPDATE" Blizzard Forum Post - February 3, 2020 - "Kaivax" https://us.forums.blizzard.com/en/warcraft3/t/warcraft-iii-reforged-developer-update/18425
"Refunds for Warcraft III: Reforged" Blizzard Support Page https://us.battle.net/support/en/article/191929
"TERMS OF SALE" (North America) Updated January 12, 2015 https://www.blizzard.com/en-us/legal/2173e4b7-3d3c-4c92-96e0-96b332d36eff/terms-of-sale
"Starting in March, I will join Blizzard to oversee the Diablo franchise." Tweet - February 5, 2020 - Rod Fergusson (@GearsViking) https://twitter.com/GearsViking/status/1225198634112704512
"Rod Fergusson" Wikipedia Page https://en.wikipedia.org/wiki/Rod_Fergusson
FOR MORE CHECK US OUT:
On Twitter @hoeglaw
At our website: https://hoeglaw.com/
On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/
With the US election season now officially in full swing, Twitter has decided to fight the scourge of deepfake "manipulated media" (photos, audio, and visuals) the only way it knows how: with overbroad language and near total discretion.
What does the new Twitter policy do and how does it do it?
Why are there areas of concern even though we might generally agree with the desirability for certain protections?
And who watches the watchers, anyway?
We never manipulate (but we may be synthetic)...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/by5fsTOh8lU
Discussed in this episode:
"We know that some Tweets include manipulated photos or videos that can cause people harm." Tweet - February 4, 2020 - @TwitterSafety https://twitter.com/TwitterSafety/status/1224799838895607809
"Jordan Peele’s simulated Obama PSA is a double-edged warning against fake news" Vox - Aprial 18, 2018 - Aja Romano (@ajaromano) https://www.vox.com/2018/4/18/17252410/jordan-peele-obama-deepfake-buzzfeed
"Synthetic and manipulated media policy" Twitter Policies https://help.twitter.com/en/rules-and-policies/manipulated-media
Twitter's ""Synthetic and manipulated media policy" Table https://help.twitter.com/content/dam/help-twitter/samm/sammen.png
FOR MORE CHECK US OUT:
On Twitter @hoeglaw
At our website: https://hoeglaw.com/
On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/
The Super Bowl. A time for football, halftime shows, and...viral commercials. Or at least the attempts to make one.
What did Planters do with their brand new "Baby Nut" mascot, that got them into hot water with Twitter?
How do Twitters policies around platform manipulation give them the authority to take the actions they took against Planters' Baby Nut meme accounts?
And why does there appear to be a bit more going on between Planters and Twitter than the headline might immediately suggest?
Baby Nut is no Baby Yoda, either here...or in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/SzHjdFNGfTc
Discussed in this episode:
"Tribute | Planters | 2020 Big Game Commercial" YouTube Video - February 2, 2020 - The Estate of Mr. Peanut https://www.youtube.com/watch?v=MoVpgtAJHfU
"Twitter boots Planters’ Baby Nut meme accounts for violating its rules" The Verge - February 3, 2020 Megan Farokhmanesh (@Megan_Nicolett) https://www.theverge.com/2020/2/3/21120615/twitter-planters-baby-nut-memes-account-suspension-rules-spam
"Planters engineered a viral Super Bowl moment with Baby Nut. A network of meme pages was created before its debut to ensure internet fame." Insider - Februrary 2, 2020 - Benjamin Goggin https://www.insider.com/baby-nut-meme-pages-planters-super-bowl-reveal-mr-peanut-2020-2
Twitter Rules and Policies https://help.twitter.com/en/rules-and-policies#twitter-rules
"Platform manipulation and spam policy" Twitter Policy - Updated September 2019 https://help.twitter.com/en/rules-and-policies/platform-manipulation
"Twitter suspended 3 Baby Nut meme accounts created by Planters because they violated its rules" Insider - Februrary 3, 2020 - Benjamin Goggin https://www.insider.com/baby-nut-pre-planned-meme-accounts-suspended-violated-twitters-rules-2020-2
FOR MORE CHECK US OUT:
On Twitter @hoeglaw
At our website: https://hoeglaw.com/
On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/
We've talked about copyright, fair use, the Digital Millennium Copyright Act (DMCA), and YouTube before, but we've never talked about a company issuing a copyright strike BEFORE a video was even created.
Well now we have.
What did Mashable's Matt Binder do that so upset Warner Brothers Entertainment?
Who is Michael Bentkover, and what does it mean to be Worldwide Director of "Online Enforcement Operations"?
Why is this the clearest case of DMCA Abuse we've yet seen?
And why does the text of the DMCA suggest that no one is really likely to do much of anything about it?
There's no such thing as "pre"-infringement...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/5180odKnWwY
Discussed in this episode:
"Matt Binder" YouTube Channel https://www.youtube.com/user/MatthewBinder
"YouTube reversed my bogus copyright strike after I threatened to write this" Mashable - January 28, 2020 - Matt Binder https://mashable.com/article/youtube-livestream-bogus-copyright-strike-warner-bros-cnn/
"Michael Bentkover" LinkedIn Profile https://www.linkedin.com/in/michaelbentkover/
"Limitations on liability relating to material online" 17 USC 512 (DMCA) https://www.law.cornell.edu/uscode/text/17/512
FOR MORE CHECK US OUT:
On Twitter @hoeglaw
At our website: https://hoeglaw.com/
On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/
"Warcraft 3 Reforged TOS requires handover of the "moral rights" to any custom map", Reddit thread declares!
But what are "moral rights"? What is Blizzard asking for here? Why does it apply to more than just Warcraft III?
And why are some of the complaints probably justified...but pointed at the wrong thing?
The opposite of moral isn't immoral...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/rN3pYr0IgsQ
Discussed in this episode:
"Some fresh virtual legality material: this time it's another EULA confusion..." Tweet - January 29, 2020 - @Nikrandos https://twitter.com/realNikandros/status/1222481676665851905
"Warcraft 3 Reforged TOS requires handover of the "moral rights" to any custom map" Reddit Thread - January 29, 2020 - u/Man_Eating_Boar https://www.reddit.com/r/Games/comments/evitu7/warcraft_3_reforged_tos_requires_handover_of_the/
"CUSTOM GAME ACCEPTABLE USE POLICY" Blizzard - Updated January 21, 2020 https://www.blizzard.com/en-us/legal/2749df07-2b53-4990-b75e-a7cb3610318b/custom-game-acceptable-use-policy
"BLIZZARD END USER LICENSE AGREEMENT" Blizzard - Updated June 1, 2018 https://www.blizzard.com/en-us/legal/fba4d00f-c7e4-4883-b8b9-1b4500a402ea/blizzard-end-user-license-agreement
"Authors, Attribution, and Integrity: Examining Moral Rights in the United States" - Abstract US Copyright Office https://www.copyright.gov/policy/moralrights/
"Authors, Attribution, and Integrity: Examining Moral Rights in the United States" - Full US Copyright Office - April 2019 https://www.copyright.gov/policy/moralrights/full-report.pdf
"CUSTOM GAME ACCEPTABLE USE POLICY" Blizzard - Archival Date October 9, 2019 https://web.archive.org/web/20191009004733/https://www.blizzard.com/en-us/legal/2749df07-2b53-4990-b75e-a7cb3610318b/custom-game-acceptable-use-policy
FOR MORE CHECK US OUT:
On Twitter @hoeglaw
At our website: https://hoeglaw.com/
On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/
When Amro Elansari was muted while playing the massively multiplayer online role-playing game (MMO) Runescape, he decided to sue Runescape's developer Jagex.
But while his complaints were dismissed easily enough (you can't bring a 1st Amendment claim against private actors, among other things), the way such dismissal was reported gave too much precedential power to what was otherwise a rather unremarkable legal skirmish.
What happened in the case? What was it about?
And why is it inaccurate to say, without qualification, that 'being 'muted' in a game does not violate your civil rights'?
We try to stick to the holdings...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/D2OcPX9OEqM
Discussed in this episode:
"Being 'muted' in a game does not violate your civil rights, US federal court declares" PC Gamer - January 24, 2020 - Andy Chalk https://www.pcgamer.com/being-muted-in-a-game-does-not-violate-your-civil-rights-us-federal-court-declares/
"Federal court: Getting muted in RuneScape doesn’t violate your civil rights" Polygon - January 25, 2020 - Owen S. Good https://www.polygon.com/2020/1/25/21081497/runescape-sued-civil-rights-violation-muted-jagex-federal-court-appeals-pennsylvania
"Elansari v Jagex Inc." (Appeal; Third Circuit) January 22, 2020 https://law.justia.com/cases/federal/appellate-courts/ca3/19-2696/19-2696-2020-01-22.html
"Prohibition against discrimination or segregation in places of public accommodation" 42 USC 2000a https://www.law.cornell.edu/uscode/text/42/2000a
"Gamer Files Lawsuit Claiming Muting Violated His Human Rights, Loses Badly" VICE - January 24, 2020 - Matthew Gault https://www.vice.com/en_us/article/y3mp9j/gamer-files-lawsuit-claiming-muting-violated-his-human-rights-loses-badly
"Okay, so plaintiff here seems a little nuts, but it’s worth pointing out..." Tweet - January 24, 2020 - Hoeg Law https://twitter.com/HoegLaw/status/1220864267911602176
FOR MORE CHECK US OUT:
On Twitter @hoeglaw
At our website: https://hoeglaw.com/
On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/
In Two Hoegs Are Better Than One, join business lawyer Richard Hoeg and his game developer brother, Tom, of High Moon Studios as they discusses games, culture, and the news of the day through the lens of video gaming, business, and law.
Rick has practiced for more than a decade at some of the country's largest law firms, representing IT, software, video game, and other technology companies, as well as the individuals and institutions which fund them.
Tom has worked in the video game industry for years, including on some of the world's biggest games like Ratchet and Clank, Destiny, and Call of Duty. He is currently working on the latest and greatest additions to the Call of Duty franchise.
ALL VIEWS ESPOUSED BY TOM ARE HIS AND HIS ALONE AND DO NOT REPRESENT THE VIEWS OR POSITIONS OF ACTIVISION, HIGH MOON STUDIOS, OR ANYONE ELSE.
ANY LEGAL DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Any and all feedback is appreciated. Let us know what you think!
FOR MORE CHECK US OUT:
On Twitter @hoeglaw
At our website: https://hoeglaw.com/
On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/
With Google changing the formatting of it's search results, paid placement/advertisements are now more indistinguishable from organic results than ever.
Could such intentional confusion be considered "deceptive"?
What does the Federal Trade Commission (FTC) have to say?
And how might any such deception affect advertisers (including law firms)?
Was "Don't Be Evil" deceptive? A question apparently worth asking...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/3Eu5S08PSqc
Discussed in this episode:
"Google’s ads just look like search results now" The Verge - January 23, 2020 - Jon Porter (@JonPorty) https://www.theverge.com/tldr/2020/1/23/21078343/google-ad-desktop-design-change-favicon-icon-ftc-guidelines
".com Disclosures" Federal Trade Commission - March 2013 https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-staff-revises-online-advertising-disclosure-guidelines/130312dotcomdisclosures.pdf
"Re: Complaint Requesting Investigation of Various Internet Search Engine Companies for Paid Placement and Paid Inclusion Programs" FTC Guidance Letter - June 27, 2002 https://www.ftc.gov/sites/default/files/documents/closing_letters/commercial-alert-response-letter/commercialalertletter.pdf
"FTC Consumer Protection Staff Updates Agency's Guidance to Search Engine Industry on the Need to Distinguish Between Advertisements and Search Results" FTC Blog Post - June 25, 2013 https://www.ftc.gov/news-events/press-releases/2013/06/ftc-consumer-protection-staff-updates-agencys-guidance-search
"The FTC’s Endorsement Guides: What People Are Asking" FTC Guidance - Updated September 2017 https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking
"Michigan Rules of Professional Conduct" https://courts.michigan.gov/Courts/MichiganSupremeCourt/rules/Documents/Michigan%20Rules%20of%20Professional%20Conduct.pdf
FOR MORE CHECK US OUT:
On Twitter @hoeglaw
At our website: https://hoeglaw.com/
On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/
Former Vice President Joe Biden, in an interview with the New York Times Editorial Board while seeking its endorsement for his presidential run, called for the immediate revocation (or more accurately, repeal) of Section 230 of the Communications Decency Act (CDA).
But while Section 230 could certainly use clarification (and clarity, as the distinction between service provider and publisher is not without its own ambiguities), Candidate Biden's erroneous reading of the statute, the landscape it creates, and the the liability of tech titans like Facebook, is unfortunately not the only one shared by the political class.
And that's without even getting into calling video game folks "creeps".
Libel Liability is a Political Liability...in Virtual Legality.
Discussed in this episode:
New York Times Editorial Interview - Joe Biden January 17, 2020 https://www.nytimes.com/interactive/2020/01/17/opinion/joe-biden-nytimes-interview.html
"Social Media, Liability Shields, and You: The State of CDA Section 230 (VL72) (Hoeg Law)" YouTube Video - July 12, 2019 - Hoeg Law https://www.youtube.com/watch?v=0VtQlx5VXXs
"Protection for private blocking and screening of offensive material" 47 USC 230 (CDA 230) https://www.law.cornell.edu/uscode/text/47/230
"Action for libel or slander." MCL 600.2911 http://www.legislature.mi.gov/(S(fdms3o5l2kvl3azpa2npxura))/mileg.aspx?page=GetObject&objectname=mcl-600-2911
FOR MORE CHECK US OUT:
On Twitter @hoeglaw
At our website: https://hoeglaw.com/
On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/
YouTuber "MxR Plays" was not the first to be served with a"Notice of Settlement Fees" from viral video licensor Jukin Media, and it certainly looks like they won't be the last.
Now, YouTuber Tyrone Magnus has come forward in his video "Jukin Media Did It to Me Too!" to claim that one of his videos has been struck (not claimed) by Jukin.
Mr. Magnus claims that the video he made was clear commentary on top of a parody created by fellow YouTuber Tony Baker Comedy?
Will that matter?
And how does the language of the DMCA and the case of Lenz v. Universal Music combine to create perverse incentives for both copyright holders and YouTube?
We hope our analysis isn't seen as parody...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/78pRWB9nNkM
Discussed in this episode:
"YouTube’s “MxR Plays”: Fair Use, Extortion, and the Muddy Middle of Copyright (VL155)" YouTube Video - January 10, 2020 - Hoeg Law https://youtu.be/VtV_nYZT-mg
"Jukin Media Did It To Me Too!" YouTube Video - January 15, 2020 - Tyrone Magnus https://youtu.be/CPWpAKtrV4E
"Feed the Cat! (Official Tony Baker Voice Over Compilation)" YouTube Video - June 5, 2018 - Tony Baker Comedy https://youtu.be/7Hd8_xkXCgk
"Try Not To Laugh - AL BUNDY GREATEST HITS/// MARRIED WITH CHILDREN - Reaction!" YouTube Video - December 28, 2019 - Tyrone Magnus https://youtu.be/QH4wI4lsaug
"More Information on Fair Use" US Copyright Office Website https://www.copyright.gov/fair-use/more-info.html
"EQUALS THREE, LLC v. JUKIN MEDIA, INC." 139 F.Supp.3d 1094 https://www.leagle.com/decision/inadvfdco160726000572
"Limitations on liability relating to material online" 17 USC 512 (the DMCA) https://www.law.cornell.edu/uscode/text/17/512
Lenz v Universal Music 801 F.3d 1126 (9th Cir. 2015) https://emedia-law-insider.lexblogplatform.com/wp-content/uploads/sites/323/2015/09/Lenz-v.-UMG-9th-Circuit.pdf
FOR MORE CHECK US OUT:
On Twitter @hoeglaw
At our website: https://hoeglaw.com/
On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/
23andMe has finally realized its ambition of monetizing its enormous genetic database by licensing a new drug compound to international pharmaceutical company Almirall.
But the sale has caused some medical and business ethicists to question whether the company's customers should be getting a cut of the big payday.
Why won't they?
The DNA is in the details...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/17uheGhVnaM
Discussed in this episode:
23andMe Website https://www.23andme.com/
"23andMe Licenses Its Own Drug Compound to Spanish Firm Almirall" Bloomberg - January 9, 2020 - Kristen V Brown https://www.bloomberg.com/news/articles/2020-01-09/23andme-licenses-drug-compound-to-spanish-drugmaker-almirall
"DNA Test Company Sells Rights to Drug Compound Based on Customers' Genetic Data" Science Alert - January 14, 2020 - Carly Cassella https://www.sciencealert.com/23andme-has-sold-its-first-drug-based-on-its-consumer-s-personal-data
23andMe Terms of Service Updated September 30, 2019 https://www.23andme.com/about/tos/
23andMe Privacy Policy Updated January 1, 2020 https://www.23andme.com/about/privacy/
"GSK and 23andMe sign agreement to leverage genetic insights for the development of novel medicines" 23andMe Press Release - July 25, 2018 https://mediacenter.23andme.com/press-releases/gsk-and-23andme-sign-agreement-to-leverage-genetic-insights-for-the-development-of-novel-medicines/
FOR MORE CHECK US OUT:
On Twitter @hoeglaw
At our website: https://hoeglaw.com/
On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/
With Sony dropping out of the Electronic Entertainment Expo (E3) for the second time in as many years, the future for the industry leading trade event has never been more precarious.
What can we take from the two statements issued by Sony Interactive Entertainment (SIE) and the Entertainment Software Association (ESA)? Are these two huge industry players actually sniping at each other?
And how are their respective visions fundamentally at odds regarding what E3 is, can, and should be?
Our activations always entertain...in Virtual Legality.
Discussed in this episode:
"Unforced Error: A Lawyer's View on the ESA's Doxxing of 2000+ E3 Attendees (VL81)" YouTube Video - August 3, 2019 - Hoeg Law https://youtu.be/yNA2xRNwq4s
"E3 Succumbs to the Age of the Influencer – What you Need to Know (VL103)" YouTube Video - September 17, 2019 - Hoeg Law https://youtu.be/kB1UewTSFmM
"PlayStation will not participate in E3 2020" GamesIndustryBiz - January 13, 2020 - Christopher Dring https://www.gamesindustry.biz/articles/2020-01-11-playstation-will-not-participate-in-e3-2020
"ESA Statement on Sony E3 2020 Announcement" ESA Website https://www.theesa.com/statements/esa-statement-on-sony-e3-2020-announcement/
"I read corporate speak for a living and this statement is nigh unreadable." Tweet - January 13, 2020 - Hoeg Law https://twitter.com/HoegLaw/status/1216881199169273856
"The Case Against Kyle Bosman and Michael Huber (E3 2019) (VL Extra) (Hoeg Law)" YouTube Video - June 20, 2019 - Hoeg Law https://youtu.be/nF1h-USrliI
FOR MORE CHECK US OUT:
On Twitter @hoeglaw
At our website: https://hoeglaw.com/
On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/
On January 9, 2020, Representatives Tim Walberg (R-MI) and Bobby Rush (D-IL) sponsored the "Preventing Real Online Threats Endangering Children Today," or "PROTECT Kids" act before the US House of Representatives.
At roughly the same time, technology advocacy group "Tech Freedom" held a panel on the future of the Children's Online Privacy Protection Act (COPPA), YouTube, and the role of the Federal Trade Commission (FTC) in respect of both. The panel would be attended by YouTube heavyweights Jeremy Johnston of J House Vlogs, and Kreekcraft, among others.
The two events could not represent two more wildly divergent views of the future of content generation on the Internet and what it can and should be.
What does the PROTECT Kids Act purport to do?
How will raising the age of "children" to 16 effect an increased and even more difficult role to manage for the FTC?
How would it hurt many if not most "social" applications and their related business models?
And how would such an effect ultimately hurt the very children it's purported to protect?
We never scramble the English language for the benefit of acronyms...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/RS6kpVlVy-I
Discussed in this episode:
"YouTube At Large" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy8BFeoOUFCRYmb92fkWbm58
"Will Kids' Privacy Crackdown Break the Internet?" TechFreedom Panel - January 13, 2020 https://techfreedom.org/save-the-date-will-kids-privacy-crackdown-break-the-internet/
"TAKEAWAYS FOR CONGRESS: 1) Raising #COPPA's age from 13 to 16 would make things even more confusing... @jhousevlogs" Tweet - January 13, 2020 - @TechFreedom https://twitter.com/TechFreedom/status/1216777632307609600
"Bipartisan bill would give parents more power to protect their kids online" Engadget - January 9, 2020 - Igor Bonifacic https://www.engadget.com/2020/01/09/us-lawmakers-introduce-protect-kids-act/
"A BILL To amend the Children’s Online Privacy Protection Act of 1998." HR 5573 - Introduced January 9, 2020 https://www.congress.gov/bill/116th-congress/house-bill/5573/text?q=%7B%22search%22%3A%5B%22protect+kids%22%5D%7D&r=4&s=1
"CHILDREN’S ONLINE PRIVACY PROTECTION" 15 USC Chapter 91 https://www.law.cornell.edu/uscode/text/15/chapter-91
COPPA Rule Final Rule Amendments FTC Document - 2013 https://www.ftc.gov/system/files/2012-31341.pdf
"PART 312—CHILDREN'S ONLINE PRIVACY PROTECTION RULE" Code of Federal Regulations https://www.ecfr.gov/cgi-bin/text-idx?SID=4939e77c77a1a1a08c1cbf905fc4b409&node=16%3A1.0.1.3.36&rgn=div5
FOR MORE CHECK US OUT:
On Twitter @hoeglaw
At our website: https://hoeglaw.com/
On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/
When YouTuber "MxR Plays" was served with a $6,000 "Notice of Settlement Fees" from viral video licensor Jukin Media, they (and others) immediately called the notice "extortion".
What are MxR accused of? Why did Jukin pick them to send their letter to? How did Jukin arrive at that $6,000 ($1,500 per clip) amount?
How does the law of Copyright describe infringement? How does the concept of Fair Use serve as a defense? How does the court determine when either will apply?
And how and when can the threat of a lawsuit be deemed extortionate?
We've got a lot to cover.
We're always balancing factors...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/VtV_nYZT-mg
Discussed in this episode:
"We're being extorted for all our money and we don't know what to do anymore" YouTube Video - January 9, 2020 - MxR Plays https://www.youtube.com/watch?v=bwMPSdTOfQA
"Here are the charges Jukin media gave me." Tweet - January 9, 2020 - @mmoxreview https://twitter.com/mmoxreview/status/1215493310711644160
"Copyright strike basics" YouTube Help https://support.google.com/youtube/answer/2814000
"An attractive woman was arrested. This was her ridiculous response." YouTube Video - December 9, 2020 - MxR Plays https://www.youtube.com/watch?v=JLmrMboZSR4
"Volcano Eruption in Papua New Guinea" Jukin Media Group https://www.jukinmedia.com/licensing/view/12475
"Exclusive rights in copyrighted works" 17 USC Section 106 https://www.law.cornell.edu/uscode/text/17/106
"Limitations on exclusive rights: Fair use" 17 USC Section 107 https://www.law.cornell.edu/uscode/text/17/107
"More Information on Fair Use" US Copyright Office Website https://www.copyright.gov/fair-use/more-info.html
"Interference with commerce by threats or violence" 18 USC Section 1951 https://www.law.cornell.edu/uscode/text/18/1951
"Michael Avenatti and Nike: When does a lawful threat cross into extortion?" NBC News - March 26, 2019 - Danny Cevallos https://www.nbcnews.com/news/us-news/michael-avenatti-nike-when-does-lawful-threat-cross-extortion-n987256
"Ninth Circuit Says Fair Use Must be Considered Before Sending a DMCA Takedown Notice" Jones Day Insights - September 2015 https://www.jonesday.com/en/insights/2015/09/ninth-circuit-says-fair-use-must-be-considered-before-sending-a-dmca-takedown-notice
FOR MORE CHECK US OUT:
On Twitter @hoeglaw
At our website: https://hoeglaw.com/
On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/
Censorship. Investment. Basketball. The Blizzard of Backlash.
China has made some pretty big impressions of late.
Now, with Chinese Megacorp Tencent's investment into niche gaming favorite PlatinumGames (Bayonetta, Nier Automata), many are sounding alarm bells.
But while such concern could be warranted (eventually), why is it definitely too early to look at the Tencent/Platinum partnership as anything but a win for gamers?
You'll always have a strategic partner...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/x0hASfoBmR0
Discussed in this episode:
"PlatinumGames Has Big Announcements For 2020, Moves Towards Self-Publishing" IGN - January 7, 2020 - Chris Priestman https://uk.ign.com/articles/2020/01/07/platinumgames-has-big-announcements-for-2020-moves-towards-self-publishing
"Since this is going to make certain people crazy..." Tweet - January 7, 2020 - @Joseph_La_Russa https://twitter.com/Joseph_La_Russa/status/1214446580209766400
"There is nothing nefarious about taking #investment capital from #Tencent." Tweet - January 7, 2020 - @GameOverThirty https://twitter.com/GameOverThirty/status/1214567132396060673
"Announcement regarding partnership with Tencent" PlatinumGames News Post - January 7, 2020 https://www.platinumgames.com/news-january-7-2020/
"President's Message" PlatinumGames Webpage https://www.platinumgames.com/company/message/
"Small Business Financing Options Without a Traditional Bank" Business News Daily - November 7, 2019 - Joshua Stowers https://www.businessnewsdaily.com/1733-small-business-financing-options-.html
FOR MORE CHECK US OUT:
On Twitter @hoeglaw
At our website: https://hoeglaw.com/
On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/
Video gaming is going through a transition - slowly transforming itself from an industry built to create single player narrative epics, to one focused on delivering live service, always online, social experiences.
But then, what is a company like CD Projekt RED along with their crown jewel "Witcher" franchise, firmly rooted in the "epic" category, to do?
Netflix, Disney Plus, and the upcoming streaming wars of the 2020s might just offer (at least part of) the way forward.
It's all about branding the Butcher of Blaviken...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/Yj78MkuN9p0
Discussed in this episode:
"You Got to Know When to Hold 'Em, and Know When to Flip 'Em" Kotaku - January 27, 2012 - Owen Good https://kotaku.com/you-got-to-know-when-to-hold-em-and-know-when-to-flip-5879833
"In Flip Ship, it’s all your fault" Quarter To Three - January 24, 2012 - Tom Chick https://www.quartertothree.com/fp/2012/01/24/in-flip-ship-its-all-your-fault/
"The Witcher 3 Had Its Biggest Day Ever On Steam" Gamespot - January 6, 2020 - Jeremy Winslow (@_pbnjer) https://www.gamespot.com/articles/the-witcher-3-had-its-biggest-day-ever-on-steam/1100-6472440/
The Witcher Show Page Rotten Tomatoes - January 6, 2020 https://www.rottentomatoes.com/tv/the_witcher
"Uncharted movie loses another director" Polygon - January 2, 2020 - Owen S. Good https://www.polygon.com/2020/1/2/21046456/uncharted-movie-director-ps4-sony-pictures
"'THE WITCHER 3' GAME DEV CD PROJEKT RED SIGNS DEAL WITH ANDRZEJ SAPKOWSKI FOR MORE" Newsweek - January 2, 2020 - Andrew Whalen https://www.newsweek.com/witcher-3-game-cd-projekt-red-deal-andrzej-sapkowski-4-1480128
FOR MORE CHECK US OUT:
On Twitter @hoeglaw
At our website: https://hoeglaw.com/
On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/
Star Citizen has long been one of the more interesting tales in crowdfunding and video games. The only question has been: Will it be a tale of triumph or one of the more cautionary variety?
When Crytek sued Star Citizen developer Cloud Imperium Games (CIG) for making two games when they were only licensed to make one, it certainly seemed to fall into the latter camp.
But now that Crytek is seeking the dismissal of its lawsuit, how might things be even worse for the expectant backers of Star Citizen offshoot, Squadron 42?
We only call CIG "CGI" about a dozen times...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/4KB7gbCgOnY
Discussed in this episode:
"Crytek sues Star Citizen studios over use of CryEngine" Polygon - December 15, 2017 - Charlie Hall https://www.polygon.com/2017/12/13/16774244/crytek-star-citizen-cryengine-lawsuit
"PACKAGE - SQUADRON 42 STANDALONE PLEDGE" https://robertsspaceindustries.com/pledge/Packages/Squadron-42-Standalone-Pledge
"Crytek wants to dismiss its own lawsuit against Star Citizen developer CIG until Squadron 42 comes out" Eurogamer - January 4, 2020 - Wesley Yin-Poole https://www.eurogamer.net/articles/2020-01-04-crytek-wants-to-dismiss-its-own-lawsuit-against-the-star-citizen-developer-until-squadron-42-comes-out
"CRYTEK GMBH’S MEMORANDUM IN SUPPORT OF CRYTEK’S MOTION FOR VOLUNTARY DISMISSAL" January 3, 2020 https://www.docdroid.net/7lT4ft0/govuscourtscacd696437920.pdf
FOR MORE CHECK US OUT:
On Twitter @hoeglaw
At our website: https://hoeglaw.com/
On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/
With Star Wars: The Rise of Skywalker now out in theaters, what better way to celebrate than with rumor, innuendo, and corporate politics.
That's right, it wouldn't be Star Wars without controversy, and now JJ Abrams and his production house Bad Robot are up to bat with #ReleaseTheJJCut trending on Twitter.
But are anonymous users on Reddit to be trusted?
And if the answer to that is "no" is there still something worth parsing?
We can learn from even the most questionable of sources...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/SP1Sm5x6ouI
Discussed in this episode:
"Here's what I've been told from a source that worked on TROS" Reddit Post - January 2, 2019 - u/egoshoppe https://www.reddit.com/r/saltierthancrait/comments/eisnd8/heres_what_ive_been_told_from_a_source_that/
"'STAR WARS: THE RISE OF SKYWALKER' RUMORS CITE DISNEY MEDDLING AS #RELEASETHEJJCUT TRENDS" Newsweek - January 2, 2019 - Steven Asarch https://www.newsweek.com/star-wars-rise-skywalker-rumors-disney-meddling-releasethejjcut-trend-1480105
"#ReleaseTheJJCut hashtag trends amid rumors about a different version of new 'Star Wars' movie" NBC News - January 2, 2019 - Daniel Arkin https://www.nbcnews.com/pop-culture/movies/releasethejjcut-hashtag-trends-amid-rumors-about-different-version-new-star-n1109616?cid=sm_npd_nn_tw_ma
FOR MORE CHECK US OUT:
On Twitter @hoeglaw
At our website: https://hoeglaw.com/
On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/
"Star Wars: The Rise of Skywalker". "Episode IX". The end of the "Skywalker Saga". "Apology for The Last Jedi".
By whatever name it goes by, it's the end of the road for Disney's current plans for Star Wars.
But does it work?
Or does Disney pander one time too many in their desperation to change their stars.
(With very special guest!!)
SPOILERS ABOUND
FOR MORE CHECK US OUT:
On Twitter @hoeglaw
At our website: https://hoeglaw.com/
On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/
When the Federal Trade Commission (FTC) ordered YouTube to develop and maintain a system that would allow content creators to label their content as "directed to children" or not under the Children's Online Privacy Protection Act (COPPA), YouTube attempted to ease the burden by simplifying the required language.
But why is "made for kids" such a bad analogue for "directed to children"?
And how is the resulting confusion making life more difficult for creators, the FTC, and YouTube itself.
We literally mean "literally"...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/hgK6p9eml5s
Discussed in this episode:
"So [YouTube], I’m under pressure to specify whether our content is made for kids or not..." Tweet - December 12, 2019 - @MohamedMoshaya https://twitter.com/MohamedMoshaya/status/1205043203134705664
"But this directly contradicts what the FTC told me regarding general audience content..." Tweet - December 12, 2019 - @Kreecraft https://twitter.com/KreekCraft/status/1205070192201666560
"YOUTUBE IS SAVED! (COPPA GOOD NEWS) | YouTube FTC COPPA Update" YouTube Video - December 11, 2019 - Kreekcraft https://www.youtube.com/watch?v=Ah5O5GeVjm4
"In terms of the actual question, the boxes are best read as "directed to children" and "not directed to children"." Tweet - December 12, 2019 - Hoeg Law https://twitter.com/HoegLaw/status/1205280746023399424
PART 312—CHILDREN'S ONLINE PRIVACY PROTECTION RULE https://www.ecfr.gov/cgi-bin/text-idx?SID=4939e77c77a1a1a08c1cbf905fc4b409&node=16%3A1.0.1.3.36&rgn=div5
"Determining if your content is made for kids" YouTube Help https://support.google.com/youtube/answer/9528076
FOR MORE CHECK US OUT:
On Twitter @hoeglaw
At our website: https://hoeglaw.com/
On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/
They're "putting together a crew" on The Mandalorian, but why does an episode with such a (comparatively) long running time have the least to say.
I've got a bad feeling about this.
Join us as we discuss Chapter 6: "The Prisoner".
CHECK OUT THE VIDEO AT: https://youtu.be/5PpPV81GbX0
SPOILER WARNING: All Postmortem videos and podcasts contain SPOILERS
FOR MORE CHECK US OUT:
On Twitter @hoeglaw
At our website: https://hoeglaw.com/
On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/
Uh, oh. Looks like The Mandalorian and his child friend have gotten themselves into another scrape only this time in far more familiar surroundings.
A bit more filler than killer.
Join us as we discuss Chapter 5: "The Gunslinger".
CHECK OUT THE VIDEO AT: https://youtu.be/9LZ_t1M04-w
SPOILER WARNING: All Postmortem videos and podcasts contain SPOILERS
FOR MORE CHECK US OUT:
On Twitter @hoeglaw
At our website: https://hoeglaw.com/
On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/
When the Federal Trade Commission (FTC) initially asked for comments to the Children's Online Privacy Protection Act (COPPA) rule, it likely didn't expect the issue to get as big as it has become. But though now tasked with sifting through a deluge of creator and "industry" comments, those are not the only voices directed at the FTC.
What are some of the things that COPPA's fiercest advocates are saying?
What can we learn from the rhetoric and self-selected targets of organizations like the Campaign for a Commercial-Free Childhood?
And how can that better inform our understanding of COPPA, the FTC, and the current enforcement debate?
You can't win a fight you don't know you're in...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/VPPENG6nt6Q
Discussed in this episode:
"Comments of Campaign for a Commercial-Free Childhood" FTC COPPA Rule Comments - December 11, 2019 https://commercialfreechildhood.org/wp-content/uploads/2019/12/CCFC-COPPA-comments.pdf
Children’s Online Privacy Protection Rule Comments FTC - 2013 https://www.ftc.gov/system/files/2012-31341.pdf
"Let’s Pretend the FTC is Right! Is a YouTube Content Creator's COPPA Compliance One Button Away?" YouTube Video - November 20, 2019 - Hoeg Law https://youtu.be/SiA-WYi_DNs
CHILDREN’S ONLINE PRIVACY PROTECTION 15 USC 91 https://www.law.cornell.edu/uscode/text/15/chapter-91
PART 312—CHILDREN'S ONLINE PRIVACY PROTECTION RULE https://www.ecfr.gov/cgi-bin/text-idx?SID=4939e77c77a1a1a08c1cbf905fc4b409&node=16%3A1.0.1.3.36&rgn=div5
FOR MORE CHECK US OUT:
On Twitter @hoeglaw
At our website: https://hoeglaw.com/
On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/
Never one to let the clamor die down, YouTube has announced a brand new harassment and cyberbullying policy. But while arguably well-intentioned, could the vagaries of the new rules (and explanatory blog post accompanying them) leave creators more confused than ever?
Prolonged interactions are never maliciously intended...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/H2TXeN0EWxw
Discussed in this episode:
"Many of you have told us we need to do a better job preventing harassment on YouTube..." Tweet - December 11, 2019 - YouTube Creators (@YTCreators) https://twitter.com/YTCreators/status/1204763712130707457
"YouTube unveils broader anti-harassment policies for threats and insults about race, sexual orientation and gender" Washington Post - December 11, 2019 - Taylor Telford https://www.washingtonpost.com/business/2019/12/11/youtube-unveils-broader-anti-harassment-policies-threats-insults-about-race-sex-gender/
"Carlos Maza, Steven Crowder, and Arbitrary YouTube "Guidelines": A Lawyer's View (VL64)" YouTube Video - June 5, 2019 - Hoeg Law https://www.youtube.com/watch?v=nuxEtUEkx_Q
"An update to our harassment policy" YouTube Official Blog - December 11, 2019 https://youtube.googleblog.com/2019/12/an-update-to-our-harassment-policy.html
"Harassment and cyberbullying policy" YouTube Policies - Updated December 11, 2019 https://support.google.com/youtube/answer/2802268
FOR MORE CHECK US OUT:
On Twitter @hoeglaw
At our website: https://hoeglaw.com/
On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/
When the Federal Trade Commission (FTC) initially asked for comments to the Children's Online Privacy Protection Act (COPPA) rule, it likely didn't expect the issue to get as big as it has become.
But with the period for comment extended to December 11th, YouTube has finally come out with a summary of what it, itself has submitted to the FTC.
What are the core components of YouTube's comment?
How does it frame YouTube's previous actions on this issue?
And why should content creators not take it as evidence that YouTube is "on their side"?
With great data comes great responsibility...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/yTDeRnMCNrc
Discussed in this episode:
"Protecting kids & their privacy is important." Tweet - December 9, 2019 - YouTube Creators https://twitter.com/YTCreators/status/1204137727567880193
Our comment on COPPA YouTube Creator Blog - December 9, 2019 https://youtube-creators.googleblog.com/2019/12/our-comment-on-coppa.html
"Regulation of unfair and deceptive acts and practices in connection with collection and use of personal information from and about children on the Internet" 15 USC 6502 (COPPA) https://www.law.cornell.edu/uscode/text/15/6502
"Request for Public Comment on the Federal Trade Commission's Implementation of the Children's Online Privacy Protection Rule" FTC - Federal Register https://www.federalregister.gov/documents/2019/07/25/2019-15754/request-for-public-comment-on-the-federal-trade-commissions-implementation-of-the-childrens-online
FOR MORE CHECK US OUT:
On Twitter @hoeglaw
At our website: https://hoeglaw.com/
On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/
Prominent YouTuber LegalEagle's latest video "You're Wrong about COPPA" is an excellent deep dive into the language and reasoning of the Federal Trade Commission (FTC) and it's actions against YouTube in respect of the Children's Online Privacy Protection Act (COPPA).
Unfortunately, it's also wrong on one of its fundamental premises, that a mixed audience "age gate" is an unavailable option based on the FTC's complaint.
As a number of folks reached out to me to discuss this point, I wanted to clarify my thoughts on the matter, while also acknowledging the good work that LegalEagle generally does (and has done in this video).
Good lawyers of all stripes can disagree on things.
It's one of the reasons the FTC's stance (and proposed imposition of liability on folks just uploading videos) is so frustrating. There's a great deal of ambiguity here and reasonable minds can differ.
We like to keep "mixed" company...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/qeINFKi93OM
Discussed in this episode:
"You're Wrong About COPPA (Real Law Review)" YouTube Video - December 7, 2019 - LegalEagle https://www.youtube.com/watch?v=C3Q48dwopVU
"Not Just an FTC Problem: How YouTube’s COPPA Inaction Puts Content Creators At Risk (VL137)" YouTube Video - November 21, 2019 - Hoeg Law https://youtu.be/jC43PrL7zsg
"PART 312—CHILDREN'S ONLINE PRIVACY PROTECTION RULE" https://www.ecfr.gov/cgi-bin/text-idx?SID=4939e77c77a1a1a08c1cbf905fc4b409&node=16%3A1.0.1.3.36&rgn=div5
FTC Revised Complaint against Youtube https://www.ftc.gov/system/files/documents/cases/172_3083_youtube_revised_complaint.pdf
"Google Privacy Policy" https://policies.google.com/privacy?hl=en-US#infocollect
"Children’s Online Privacy Protection Rule: A Six-Step Compliance Plan for Your Business" FTC "Tips" Blog https://www.ftc.gov/tips-advice/business-center/guidance/childrens-online-privacy-protection-rule-six-step-compliance
2013 COPPA Final Rule Amendment Commentary https://www.ftc.gov/system/files/2012-31341.pdf
Stipulated Consent Order FTC/New York v Google/YouTube - September 4, 2019 https://www.ftc.gov/system/files/documents/cases/172_3083_youtube_coppa_consent_order.pdf
FOR MORE CHECK US OUT:
On Twitter @hoeglaw
At our website: https://hoeglaw.com/
On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/
While it was odd when developer Human Head "went under" only a day after releasing Rune II on the Epic Games Store, the story got even odder when Bethesda announced that it was hiring all of Human Head to form a new studio, Roundhouse Studios.
With Roundhouse being comprises of exactly the same employees, officers, and management working at the exact same location, it was no surprise when Human Head's former publishing partner on Rune II, Ragnarok Game, got a bit upset at the lack of support the game was now set to receive.
Of course, getting a bit upset, is probably understatement for describing a lawsuit.
Let's dive in, discuss the differences between asset purchases and equity purchases, explain successor liability, and also consider what, if anything, Bethesda has to fear from such action.
We're no mere continuation...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/3e7Nxlkt92U
Discussed in this episode:
"Rune II publisher sues Human Head Studios over 'withheld assets'" GameDailyBiz - December 5, 2019 - Johnny Cullen https://gamedaily.biz/article/1446/rune-ii-publisher-sues-human-head-studios-over-withheld-assets
"Rune 2 developer Human Head being sued by publisher for abandoning game" Eurogamer - December 5, 2019 - Matt Wales https://www.eurogamer.net/articles/2019-12-04-rune-2-developer-human-head-being-sued-by-publisher-for-abandoning-game
"12/4/2019 – Complaint Filed for RUNE II Assets" Blog Post - Ragnarok Game https://www.rune2.com/topic/complaint-filed-for-rune-ii-assets/
Ragnarok Game, LLC v Nine Realms, Inc. et al Legal Complaint http://www.bgrfirm.com/wp-content/uploads/2019/12/Ragnarok_Game_v_Nine_Realms_Complaint.pdf
Sample Asset Purchase Agreement Social Reality and Halyard MD Opco https://www.sec.gov/Archives/edgar/data/1538217/000155335018000875/srax_ex10z01.htm
"California Successor Liability" Gehres Law Group Blog Post https://gehreslaw.com/business-lawyer-san-diego/
FOR MORE CHECK US OUT:
On Twitter @hoeglaw
At our website: https://hoeglaw.com/
On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/
On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers) (https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3j)
It's rare enough that an interesting legal discussion envelopes both gaming site ResetEra and the social media landscape at large. But when it hits so close to my day-to-day? Well, that's a Virtual Legality episode.
What is an intellectual property assignment provision or agreement?
Why is it correct to say that such assignments are common in every IP-facing industry, while also noting that there is much more to the tale?
And why is EA's apparent use of ultra-broad definitions for "covered IP" still worthy of discussion?
We try to limit things to the scope of our employment...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/4YgO3762Xbs
Discussed in this episode:
"EA (And Other Studios) Apparently Have Policies That Require Developers To Gather Permission Before Producing Any Creative Works Outside Of Work" ResetERA Thread - December 1, 2019 https://www.resetera.com/threads/ea-and-other-studios-apparently-have-policies-that-require-developers-to-gather-permission-before-producing-any-creative-works-outside-of-work.156355/
"Um. Yes. They are called assignment clauses, and they are normal in EVERY industry." Tweet - December 1, 2019 - Mike Futter (@Futterish) https://twitter.com/Futterish/status/1201218209623552000
Redacted Hoeg Law Proprietary Information Agreement NOT AVAILABLE ONLINE
FOR MORE CHECK US OUT:
On Twitter @hoeglaw
At our website: https://hoeglaw.com/
On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/
On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers) (https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3j)
When news broke of comedian Pete Davidson's purported $1M NDA requirement for guests attending his shows, it didn't take long for entertainment outlets to report (and make fun of) the story.
But was that the point?
And is such a contract enforceable in any event?
Come out to the coast, have a few laughs...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/--CmkrvTuhc
Discussed in this episode:
"Pete Davidson fans say they had to sign $1 million NDA before comedy show" Entertainment Weekly - December 1, 2019 - Rosy Cordero https://ew.com/tv/2019/12/01/pete-davidson-fans-sign-nda-for-comedy-show/
"It'll cost you $1 million to tell us what happened at Pete Davidson's stand-up show" AV Club - December 1, 2019 - Sam Barsanti https://news.avclub.com/itll-cost-you-1-million-to-tell-us-what-happened-at-pe-1840129576
"I got an email today informing me that in order to see this show I have to sign a non disclosure agreement." Facebook Post - November 27, 2019 - Stacy Young https://www.facebook.com/events/921701838209401/permalink/965266923852892/
"Confidentiality and NonDisclosure Agreement" https://www.facebook.com/photo.php?fbid=2925757927457056&set=pcb.965266923852892&type=3&theater
FOR MORE CHECK US OUT:
On Twitter @hoeglaw
At our website: https://hoeglaw.com/
On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/
On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers) (https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3j)
Episode 4 of Disney's "The Mandalorian" finds our unnamed protagonist living out his (modified) Seven Samurai fantasies while protecting a small village from Uruk-hai.
Join us as we discuss Chapter 4: "Sanctuary".
CHECK OUT THE VIDEO AT: https://youtu.be/7tYVvqfnzbk
SPOILER WARNING: All Postmortem videos and podcasts contain SPOILERS
Heavy Spoilers Throughout
FOR MORE CHECK US OUT:
On Twitter @hoeglaw
At our website: https://hoeglaw.com/
On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/
Biweekly on "Inside the Huddle with Michael Spath" on WTKA 1050
When Fortnite superstar Tyler “Ninja” Blevins speaks, very often the gaming world listens. Unfortunately, it is equally often to his detriment. And there's a lot we can learn from that.
Humans make mistakes, but reflection is most important...in Virtual Legality.
CHECK OUT THE VIDEO AT: https://youtu.be/zi6Bo0dD3Gg
Discussed in this episode:
"I honestly understand why some folks hate gaming/players at this moment." Tweet - November 30, 2019 - Hoeg Law https://twitter.com/HoegLaw/status/1200937040931676161
Ninja Tweet Images Tweet - November 30, 2019 - Hoeg Law https://twitter.com/Andrew_Reiner/status/1200935149703254017
"Ninja hits 1 million subscribers on Mixer but there’s one big question" Slash Gear - August 7, 2019 - Hoeg Law https://www.slashgear.com/ninja-hits-1-million-subscribers-on-mixer-but-theres-one-big-question-07586575/
"I'll never understand how pro fortnite players just... miss shots." Tweet - November 30, 2019 - Hoeg Law https://twitter.com/duckybtw/status/1200828876173250561
FOR MORE CHECK US OUT:
On Twitter @hoeglaw
At our website: https://hoeglaw.com/
On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/
On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers) (https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3j)
With "The Mandalorian" Chapter 3, Disney wraps up the first major arc in the Star Wars television series. But is it the way?
SPOILER WARNING: All Postmortem videos and podcasts contain SPOILERS
*Heavy Spoilers Throughout
FOR MORE CHECK US OUT:
On Twitter @hoeglaw
At our website: https://hoeglaw.com/
On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/
Biweekly on "Inside the Huddle with Michael Spath" on WTKA 1050