Author Archives: Jon Festinger, Q.C.

About Jon Festinger, Q.C.

Husband/father/practitioner/educator. Faculty, Centre for Digital Media. Adjunct Professor UBC Law School. Firm: Festinger Law & Strategy LLP. Author of Video Game Law (LexisNexis 2005) & co-author of Video Game Law 2nd Edition (LexisNexis 2012). Twitter: @gamebizlaw

Aaron Swartz RIP

Lawrence Lessig is a well deserved legend in digital media legal circles. See Prof. Lessig’s comments below, but before you do to better understand the background at least scan the introductory article (or many others like it you will find this morning on the web). Prof. Lessig’s comments go to one of the themes of the course and one of most useful filters/tools as we navigate through the challenges and confusion of the law & ethics of digital media  – the double standards test. In this iteration should those who hold others accountable be held accountable (within the law)?

Ironic that this question, here applied to prosecutorial conduct around IP related court actions finds (far less tragic) application in many digital media situations from take-down demands to IP holders being a bit more lax on “borrowing” the constituant elements of what became their IP then ultimately allowing their work to be “borrowed”…but that topic is most certainly for another day….

Tragic web pioneer commits suicide at 26: Co-founder of popular message board Reddit is found dead in New York after battling depression: http://www.dailymail.co.uk/news/article-2261277/Aaron-Swartz-Co-founder-popular-message-board-Reddit-dead-New-York-battling-depression.html#ixzz2HnhJL9va 

Prof. Lawrence Lessig’s perspective: http://lessig.tumblr.com/post/40347463044/prosecutor-as-bully

Aaron Swartz obituary from The Guardian: http://m.guardian.co.uk/technology/2013/jan/13/aaron-swartz

Aaron Swartz and the Corrupt Practice of Plea Bargaining: http://www.forbes.com/sites/timothylee/2013/01/17/aaron-swartz-and-the-corrupt-practice-of-plea-bargaining/

Opening arguments in the court of public opinion after Aaron Swartz’ death: http://arstechnica.com/tech-policy/2013/01/opening-arguments-in-the-trial-of-public-opinion-after-aaron-swartz-death/

Eugene Patterson and Aaron Swartz: Ghosts speaking across the page » Nieman Journalism Lab: http://www.niemanlab.org/2013/02/eugene-patterson-and-aaron-swartz-ghosts-speaking-across-the-page/?

jon

News of the Week; Wednesday Jan. 9, 2013

1. Father Hires In-Game “Hitmen” To Deter Son From Playinghttp://kotaku.com/5972406/father-hires-in+game-hitmen-to-deter-son-from-playing

2. I was Adam Lanza (note links to parts 2 & 3 at bottom of article): http://www.thedailybeast.com/articles/2012/12/22/i-was-adam-lanza.html

3. EMA Sends Letter to Vice-President Joe Biden Concerning Violent Media’s Role in Sandy Hook Shooting (Note that actual letter is embedded in the article): http://www.gamepolitics.com/2013/01/07/ema-sends-letter-vice-president-joe-biden-concerning-violent-medias-role-sandy-hook-shoot#.UPEk5KXiqs0

4. EFF’s Guide to CDA 230: The Most Important Law Protecting Online Speechhttps://www.eff.org/deeplinks/2012/12/effs-guide-cda-230-most-important-law-protecting-online-speech

5. Examining Sony’s Internet-free method for blocking used game sales – New patent filing describes using RFID chips to tie games to a single user: http://arstechnica.com/gaming/2013/01/examining-sonys-internet-free-method-for-blocking-used-game-sales/

6. Comic Book Legal Defense Fund Takes Aim at Senator Jay Rockefeller’s Video Games ‘Research’ Billhttp://www.gamepolitics.com/2013/01/02/comic-book-legal-defense-fund-takes-aim-senator-jay-rockefellers-video-games-research-bil

7. Modifying Player Behavior In League of Legends with Honorhttp://www.psychologyofgames.com/2013/01/modifying-player-behavior-in-league-of-legends-with-honor/

8. Apple rejects game based on Syrian civil warhttp://killscreendaily.com/headlines/apple-rejects-game-based-syrian-civil-war/

9. Nvidia Just Built Its Own Gaming Supercomputer: The Gridhttp://kotaku.com/5973751/nvidia-just-built-its-own-gaming-supercomputer-the-grid

10. Top game controversies of 2012: http://venturebeat.com/2012/12/31/top-game-controversies-of-2012/

11. Game Theory: A Playwright on the Art of Video Gameshttp://artsbeat.blogs.nytimes.com/2012/12/26/game-theory-a-playwright-on-the-art-of-video-games/

12.  Game Theory: Considering Video Games as Ballethttp://artsbeat.blogs.nytimes.com/2012/12/26/game-theory-video-games-are-more-like-ballet-than-movies/

13.Favoritism Is Good (Stanley Fish): http://opinionator.blogs.nytimes.com/2013/01/07/favoritism-is-good/

And in the not really relevant category:

14. Faced with a Five-Page Limit, Lawyer Files Cartoon Amicus Brief with Proper Font Size: (note PDF of brief embedded in article) http://www.abajournal.com/news/article/faced_with_a_five-page_limit_lawyer_files_cartoon_amicus_brief_with_proper_

jon

What goes into “News of the Week”

Here is where I’ll post links to stories raised in “News of the Week” segment of the class. Will also post links to other stories, whether they come up in class or otherwise. Hopefully the spirit to post interesting stories on video game law and what is related will move everyone to do some version of the same. So please post away…

A couple of related thoughts:

1. There will be overlap with @gamebizlaw in that everything posted here will almost certainly have been tweeted on @gamebizlaw. But not vice-versa as I’ll only post here the most important stories IMHO.

2. There are two places to potentially comment on the stories. Short pithy reactions are probably best posted here, under the News of the Week rubric. Longer more thoughtful or themed ideas should go under “What is Your Take”.

Reactions/suggestions/criticisms welcome.

jon

 

Latest stuff

1. Have moved Tyler’s post to What is Your Take.

2. Am about to try and get WordPress system to authorize students who provided email addresses to initiate posts.

3. Will try and get last classes News of the Week up tomorrow AM.

Wish me luck as I explore and learn WordPress for the first time.

jon

Course News

1. UBC Law has approved a grad student TA for our course. Associate Dean Harris has posted.

2. Todays slides are up.

3. UBC Centre for Teaching, Learning & Technology is very kindly working on a design for this site which should be implemented tomorrow. Will get News of the Week up as soon as possible once implemented.

4. “What’s Your Take?” will hopefully be the section to post thoughts, reactions and provocative discussion points.

5. Am going to keep office hours Wednesdays. Should have precise info to you by no later then next class – hopefully sooner.

6. See Tyler’s post speaking of provocative discussion. It’s right under my welcome post.

7. Thanks for today.

jon