Category Archives: Uncategorized

The Resources Page

You may have noticed a “Resources” button now added to the top menu. It itself divides into a series of subsections: Copyright & IP; Freedom of Speech & Expression; Privacy & Social Issues; Web & Online Content; International; & Technology & Hardware. There is also a link to Electronic Reserve Materials available to students in the class.

Under the main six headings you will find videos of relevance to different aspects of the course. Some/many of the videos have been mentioned in the class. Hopefully you will find all the materials helpful, but two absolutely must-sees are Bruce Springsteen’s Keynote at SXSW 2012 and Lawrence Lessig’s Lecture on “Aaron’s Law’s: Law and Justice in a Digital Age”. Both can be found under the subheading of “Freedom of Speech & Expression”.

Arising out of a lengthy and interesting discussion this week in Law 449C Media and Entertainment Law, am adding two videos to the Resources Page. They are: 1. A lecture by Joseph Reagle of Northeastern titled “Free as in Sexist? The Gender Gap in Free Culture”; & 2. Video of the March 3, 2013 “Location Tracking and Biometrics Conference” from Yale Law School; all under the “Privacy & Social Issues” subheading.

Both videos are equally relevant to Law450. We had some discussion of the issue of sexism in and around games during our most recent class. Privacy is a main topic of the upcoming one. Location tracking is increasingly a part of video gaming. Inevitably there will be more future “real world” location tracked/cloud related gaming models like “Ingress”. Concerns and questions will, equally inevitably, accompany them.

jon

UK Intellectual Property Office helps law students with term papers

Thanks to “The 1709 Blog” for noting and posting links to some very useful largely empirical studies commissioned by the UK IPO. These may be very helpful to those doing papers on related subjects. Having taken a look through as there is tons of good stuff here, especially on the economic impact on copyright holders (actually non-economic impact) of certain classes of use.

Link to the original blogpost from The 1709 Blog: http://the1709blog.blogspot.ca/2013/03/parody-pastiche-private-copying-ukipos.html?m=1

Link to the IPO page: http://www.ipo.gov.uk/pro-ipresearch.htm?debugdate=15.03.13&debugtime=9:30

Link to “Evaluating the impact of parody on the exploitation of copyright works”: http://www.ipo.gov.uk/ipresearch-parody-report1-150313.pdf?debugdate=15.03.13&debugtime=9:30 

Link to “The Treatment of Parodies Under Copyright Law in Seven Jurisdictions”: http://www.ipo.gov.uk/ipresearch-parody-report2-150313.pdf?debugdate=15.03.13&debugtime=9:30   

Link to “Copyright and the Economic Effects of Parody”: http://www.ipo.gov.uk/ipresearch-parody-report3-150313.pdf?debugdate=15.03.13&debugtime=9:30   

Link to “Private copying”: http://www.ipo.gov.uk/ipresearch-private-150313.pdf?debugdate=15.03.13&debugtime=9:30

jon

IGDA E3 Scholarships

As described just prior to the start of class, here is the text of an email received yesterday regarding the E3 Scholarships being given by the International Game Developers Association:

“The IGDA is pleased to announce that we are now taking applications for Scholarships to attend E3. The deadline for applications is 2 April.

The Electronics Entertainment Expo is one of the most important events of the game industry’s calendar, as one of the largest trade shows. Students will get an opportunity to see the AAA marketing machine up close, as well as get some behind-the-scenes insight into how it functions. As with all our scholarships, we will also provide successful applicants with mentorship from established industry professionals as well as the opportunity to tour local studios and meet developers. Applications are based on a series of very short mini-essays, and will be judged by a panel of experts drawn from across the industry.

The scholarships are an excellent way for students to kickstart their career, by being selected as one of the “best and brightest” of those studying topics related to game development around the world. We would greatly appreciate your help to spread the word around relevant institutions, chapters and other groups.

Thank you,

Heather M Decker-Davis

On behalf of the IGDA Scholarships Committee”

jon

News of the Week; March 13, 2013

1. Top 10 New IP Paper Downloads: http://writtendescription.blogspot.ca/2013/03/top-10-new-ip-paper-downloads.html

2. Appeals Court: ‘Ed Sullivan’ Clip in ‘Jersey Boys’ is Fair Use: http://www.hollywoodreporter.com/thr-esq/appeals-court-ed-sullivan-clip-427260

3. US Supreme Court limits standing to sue in a case that will likely impact privacy and data breach plaintiffs: http://www.edwardswildman.com/files/News/543d63b5-4962-48f6-b71f-e0d2192720f6/Presentation/NewsAttachment/3e09a485-a60e-4fc4-b513-4d34f91e09f3/2013-CA-USSupremeCourtLimits-March-v2.pdf

4. Google Concedes That Drive-By Prying Violated Privacy: http://www.nytimes.com/2013/03/13/technology/google-pays-fine-over-street-view-privacy-breach.html?partner=rss&emc=rss&_r=1&

5. Aaron Swartz’s lawyer accuses prosecutor of misconduct – Lawyers will move to unseal evidence against Swartz later this week: http://arstechnica.com/tech-policy/2013/03/aaron-swartzs-lawyer-accuses-prosecutor-of-misconduct/

6. 3D printing gunmaker forms company to flout copyright law, à la the Pirate Bay: http://arstechnica.com/tech-policy/2013/03/3d-printing-gunmaker-forms-company-to-flout-copyright-law-a-la-the-pirate-bay/

7. Fifteen Years of DMCA Abuse: https://www.eff.org/press/releases/fifteen-years-dmca-abuse

8. Copyright and car crashes: do sports have an author?: http://ipkitten.blogspot.ca/2013/03/copyright-and-car-crashes-do-sports.html?m=1

9. A Feminist Reviews Tomb Raider’s Lara Croft: http://www.forbes.com/sites/carolpinchefsky/2013/03/12/a-feminist-reviews-tomb-raiders-lara-croft/

10. Ridley Scott and Machinima team up to produce 12 original sci-fi shorts: http://www.theverge.com/2013/3/11/4091192/ridley-scott-and-machinima-team-up-to-produce-12-original-sci-fi

11. Zynga VP calls debate over copying games ‘vastly overblown’: http://www.theverge.com/2013/3/11/4089056/zynga-vp-calls-debate-over-copying-games-vastly-overblown

12. Steam Box is exciting – but don’t expect it to be “Open”: http://www.gamesindustry.biz/articles/2013-03-08-steam-box-is-exciting-but-dont-expect-it-to-be-open

And in the not really relevant category:

13. Judge Blocks New York City’s Limits on Big Sugary Drinks: http://www.nytimes.com/2013/03/12/nyregion/judge-invalidates-bloombergs-soda-ban.html?emc=na&_r=0

jon

Chris Bennett of Davis LLP Speaking this Week…..

Hi Class,

Out guest speaker this week is Chris Bennett, a partner at Davis LLP. Chris is the head of the IT Law Group and Trade-marks Law Group and is a member of the firm’s Intellectual Property, Technology & Outsourcing, Video Games & Interactive Entertainment, and Franchise & Distribution Law Groups.

Chris was recognized by Best Lawyers in Canada 2013 as a leading lawyer in Information Technology Law, and by Canadian Legal Lexpert Directory as a Leading Practitioner in Computer and IT Law.

His specialties include the creation, protection, enforcement and commercialization of intellectual property rights; and development, distribution, licensing and support of software, video games and other technology.

He has indicated that he plans to talk about due diligence relating to video game company transactions.

He has a really interesting video game law blog with some great entries. If anyone wants to check it out the link is:

http://www.davis.ca/en/lawyer/Chris-Bennett/

Looking forward to it!

–          Michela and Tyler

News of the Week; March 6, 2013

1. I’m a Victim of Gun Violence. I’m Also a Video Game Developer: http://www.slate.com/blogs/future_tense/2013/02/28/a_victim_of_gun_violence_who_is_also_a_video_game_developer_weighs_in_on.html

2. Gun Control Debate: Violent Video Games Actually Decrease Violence, Study Finds: http://www.policymic.com/articles/28280/violent-video-games-actually-decrease-violence-study-finds

3. “SIX STRIKES,” PIRACY, AND YOUR INTERNET: http://ihogeek.com/2013/03/01/sixstrikes/

4. The Corporate Coup Over Copyright Infringement: http://clearancebinreview.com/2013/02/28/dr-geek-the-corporate-coup-over-copyright-infringement/

5. A Rational System of Design Patent Remedies (paper by Mark Lemley): http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2226508

6. Opening Arguments in Nintendo 3D Patent Infringement Case: http://gamepolitics.com/2013/02/27/opening-arguments-nintendo-3d-patent-infringement-case

7. Licensors beware! Second Circuit decision confirms policy concerns in patent law trump contract law: http://www.hodgsonruss.com/Home/News_Seminars/Articles_and_Alerts/LicensorsBewareSecondCircuitDecisionConfirmsPolicyConcernsinPatentLawTrumpContractLaw

8. Square Enix “investigating” after Tesco stores break Tomb Raider street date: http://www.eurogamer.net/articles/2013-03-04-some-tesco-stores-have-broken-tomb-raider-street-date

9. 38 Studios’ Schilling wants fraud lawsuit dismissed: http://www.gamesindustry.biz/articles/2013-03-05-38-studios-schilling-wants-fraud-lawsuit-

10. EA Backtracks A Bit On The Whole “Microtransactions In Every Game” Thing: http://consumerist.com/2013/03/06/ea-backtracks-a-bit-on-the-whole-microtransactions-in-every-game-thing/

11. Kids Reveal The Real Flaws Of Free-To-Play Games: http://kotaku.com/5988036/kids-reveal-the-real-flaws-of-free+to+play-games

12. Games Workshop and the Space Marine trademark spat (Jas Purewal): http://www.gamerlaw.co.uk/2013/games-workshop-space-marine/

13. What the Harlem Shake can teach us about copyright: http://the1709blog.blogspot.co.uk/2013/02/what-harlem-shake-can-teach-us-about.html?m=1

14. Egyptian protestors trade ‘Harlem Shake’ taunts with Islamist regime: http://www.theverge.com/2013/3/3/4061498/harlem-shake-meme-becomes-political-in-egypt

15. Life Inside the Aaron Swartz Investigation: http://m.theatlantic.com/technology/archive/13/03/life-inside-the-aaron-swartz-investigation/273654/

16. Google’s ‘Ingress’ augmented reality game puts Android users into a battle against worldwide mind control: http://www.theverge.com/2012/11/15/3649668/google-ingress-augmented-reality-game-beta

17. A Museum’s Games Are Not on Pedestals: http://www.nytimes.com/2013/03/04/arts/video-games/a-museums-games-are-not-on-pedestals.html?nl=technology&emc=edit_tu_20130304&_r=0

18. A History of Gaming Platforms: Atari 2600 Video Computer System/VCS: http://www.gamasutra.com/view/feature/131956/a_history_of_gaming_platforms_.php?print=1

19. The glorious propaganda of Eve Online: http://killscreendaily.com/articles/news/glorious-propaganda-eve/

And in the not really relevant category:

20. I Sold My Video Games To Pay For My Wedding, And Said Goodbye To Part Of Myself: http://kotaku.com/5988493/i-sold-my-video-games-to-pay-for-my-wedding-and-said-goodbye-to-part-of-myself

21. Oakland Rapper Pope Emeritus Threatens Lawsuit: http://m.newyorker.com/online/blogs/borowitzreport/2013/02/oakland-rapper-pope-emeritus-threatens-lawsuit.html

22. A new twist to Chubby Checker: http://www.internationallawoffice.com/newsletters/detail.aspx?g=ffb56d7f-6a77-400c-8dce-9b6c393d6bc6

jon

 

Introducing Our Guest Speaker for March 6th: Jennifer L. Kelly

Hi Class,

Our next guest speaker is Ms. Jennifer Kelly, partner of Fenwick & West’s litigation group in San Francisco. Her practice focuses on commercial and intellectual property litigation, with a particular  emphasis on copyright, trademark, trade secret, false advertising, and unfair competition disputes for technology companies.

She has been involved in really interesting cases in areas such as cloud computing, copyright infringement and commercial class actions. Her clients include many well known companies:

  • Antares Audio Technologies
  • BlackRock
  • Capcom Entertainment
  • CBS Interactive
  • Gearbox Software
  • Intuit
  • ngmoco
  • SEGA of America
  • Tonnellerie Saury

She has indicated to us that she will focus her presentation on discussions about disputes between developers and how she goes about analyzing potential copyright claims in the game space. She will also touch on where the line falls between copyright infringement and lawful copying, something that she regularly advise her clients on.

Fun fact to note: the producer of George A. Romero’s Dawn of the Dead filed suit against Capcom, claiming the zombies-in-a-mall action game Dead Rising ripped off the classic 1979 horror film. Jon also mentioned this case in class. Jennifer was counsel representing Capcom in trial. Her victory (a dismissal of all claims, with prejudice, on an initial motion to dismiss) cleared the path for Dead Rising 2, which was released in 2010.

Lastly, we also stumbled upon an article that she co-authored on EA v Zynga, which is a really interesting read. Follow the link if you are interested: http://www.fenwick.com/publications/Pages/Electronic-Arts-v-Zynga-Real-Dispute-Over-Virtual-Worlds.aspx

Have a great weekend!

Chen and Alex