“Your Children are not Your Children: Why NYT public editor is Wrong on Children’s Right to Privacy” by Zeynep Tufekci is a must read after our class this past week. Ordinarily would just include in the weekly News of the Week round-up. However this piece deserves special mention at the very least for its relevant to us timing – and as you will read – for a good deal more then that: http://technosociology.org/?p=1234
jon
Following up on our class discussions Wednesday, Alan Bruggeman sent up this story with video in the link suggesting that we watch especially 7:40 – 12:12.
http://allthingsd.com/20130212/erik-huggers-makes-his-case-for-intels-web-tv-service/
jon (for Alan)
1. Nintendo found guilty of patent infringement over glasses-free 3DS technology: http://www.theverge.com/2013/3/13/4100924/nintendo-guilty-of-patent-infringement-3ds-technology
2. Major vulnerability in EA’s Origin platform lets hackers overtake PCs: http://www.theverge.com/2013/3/19/4124456/major-vulnerability-ea-origin-hackers-overtake-gamer-pcs
3. Defeating mobile game clones: Why copyright protection is not enough: http://venturebeat.com/2013/03/16/defeating-mobile-game-clones-why-copyright-protection-is-not-enough/
4. Research: Playing Shooters Improves Visual Search: http://gamepolitics.com/2013/03/15/research-playing-shooters-improves-visual-search#.UUTATKXR1Lw
5. Video Games and Societal Violence: Cause for Urgent Action or a Bridge Too Far?: http://www.huffingtonpost.com/michael-levine/video-games-and-societal-_b_2859598.html
6. Reading, Writing and Video Games: http://www.nytimes.com/2013/03/17/sunday-review/reading-writing-and-video-games.html?nl=technology&emc=edit_tu_20130318
7. Modder Shows How SimCity Can Be Played Offline: http://www.gamepolitics.com/2013/03/14/modder-shows-how-simcity-can-be-played-offline#.UUK0CKXR1Ly
8. (U.S.) Supreme Court Rules That First Sale Doctrine Not Limited by Geography: http://www.gamepolitics.com/2013/03/19/supreme-court-rules-first-sale-doctrine-not-limited-geography#.UUj8zqXR1Lw
+ Issues in Kirtsaeng ‘Significant’: http://www.publishersweekly.com/pw/by-topic/digital/copyright/article/56444-grimmelmann-issues-in-kirtsaeng-too-signifcant-to-end-with-supreme-court.html
+ Link to decision in Kirtsaeng v. John Wiley & Sons (SCOTUS): http://www.supremecourt.gov/opinions/12pdf/11-697_d1o2.pdf
9. Appeals court rejects record label’s effort to neuter DMCA safe harbor: http://arstechnica.com/tech-policy/2013/03/appeals-court-rejects-record-labels-effort-to-neuter-dmca-safe-harbor/
+ Link to Veoh (US 9th Circuit) decision: http://cdn.ca9.uscourts.gov/datastore/opinions/2013/03/14/09-55902.pdf
10. (U.S.) Supreme Court Refuses To Hear Appeal in $222,000 File-Sharing Case: http://torrentfreak.com/supreme-court-refuses-to-hear-appeal-in-222000-file-sharing-case-130318/
11. Hacker Case Leads to Calls for Better Law: http://www.nytimes.com/2013/03/18/technology/outcry-over-computer-crime-indictment-of-matthew-keys.html?nl=technology&emc=edit_tu_20130318&_r=0
12. INTELLECTUAL PROPERTY REGIME IN CANADA – Report of the Standing Committee on Industry, Science and Technology (March 2013): http://www.parl.gc.ca/Content/HOC/Committee/411/INDU/Reports/RP6038442/411_INDU_Rpt03_PDF/411_INDU_Rpt03-e.pdf
13. The head of the Copyright Office says the law is broken — but can she fix it in time?: http://mobile.theverge.com/2013/3/20/4126936/copyright-register-today-will-embark-on-mission-to-overhaul-us
+ Register Of Copyright Suggests That Personal Downloading Should Not Be Seen As ‘Piracy’: http://www.techdirt.com/articles/20130320/13493222399/register-copyright-suggests-that-personal-downloading-should-not-be-seen-as-piracy.shtml?utm_source=dlvr.it&utm_medium=twitter
14. MIT And Aaron Swartz’s Lawyers Argue Over Releasing Evidence: http://www.techdirt.com/articles/20130320/00571422386/mit-aaron-swartzs-lawyers-argue-over-releasing-evidence.shtml?utm_source=dlvr.it&utm_medium=twitter
15. Privacy is dead: http://www.technollama.co.uk/privacy-is-dead
16. Collateral Censorship and Freedom of the Press – Christina Mulligan: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2224058
17. Jonathan Zittrain on Google Glass (audio): http://stitcher.com/s/player.php?eid=22175195&refid=eml20130104
18. Elon Musk Refuses To File Patents At His High-Tech Private Space Company: http://www.businessinsider.com/why-some-companies-are-not-filing-patents-2013-3#ixzz2NjKy6h8W
19. SC5 pays salaries in Bitcoin: http://blog.sc5.fi/2013/03/sc5-pays-salaries-in-bitcoin/
+ US regulator: Bitcoin exchanges must comply with money-laundering laws: http://arstechnica.com/tech-policy/2013/03/us-regulator-bitcoin-exchanges-must-comply-with-money-laundering-laws/
And in the not really relevant category:
20. Applicants face significant hurdles in registering flavour and scent trademarks in the U.S.: http://www.canadiantechnologyiplaw.com/2013/03/articles/intellectual-property/trademarks/applicants-face-significant-hurdles-in-registering-flavour-and-scent-trademarks-in-the-us/
And in the sometimes all you have is sarcasm department:
21. BREAKING: Girls Play Video Games, Local News Discovers: http://m.kotaku.com/5991151/breaking-girls-play-video-games-local-news-discovers
jon
A couple of comments re our class today.
1. We talked about Netflix using personal information to create House of Cards and whether this was okay. For both practical and legal reasons, I think an important consideration is whether Netflix is using your information in a reasonable way. For me, I think it is reasonable for Netflix to use my information internally to develop and refine it’s products, particularly if it’s first anonymized, but that a practical (if not legal) line is crossed when Netflix starts to use my information in a way that disrupts the integrity of its service.
For example, if Netflix has used my information to determine with a certain algorithm what shows to recommend to me and has built up significant goodwill with me by doing so correctly, I do not think it is reasonable to then recommend House of Cards to me even if the algorithm says I will not like it. If House of Cards is flagged as an advertisement, fine; but if it’s not and it’s presented like all the other recommendations I think there’s a problem.
2. Here is a related snippet from Netflix’s terms of use (emphasis mine; see https://signup.netflix.com/TermsOfUse):
Netflix is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Netflix service, including the Netflix website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Netflix service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
Alan Bruggeman is a Senior Attorney in Microsoft’s Interactive Entertainment division. At Microsoft, Alan has provided legal counsel on a variety of entertainment devices and services, including the Xbox 360 console and accessories, the now-defunct (but still awesome) Zune media player, Microsoft Studios, and Xbox LIVE. Prior to his work at Microsoft, Alan worked as an associate at Seattle’s Preston Gates and Ellis (now K&L Gates). Alan received his J.D. from Columbia University.
We are very fortunate indeed to have Alan joining us in person this week. Alan will be driving up from Redmond, Washington Wednesday morning so we should appreciate him all the more. He will be covering a diverse range of topics including privacy, online safety and issues in and around the console universe.
In preparation for Alan’s talk please take a look through Sections 8, 10, 11(5) and any other anti-spyware provisions you identify, in CASL (“An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act” – S.C. 2010, c. 23): http://lois-laws.justice.gc.ca/eng/AnnualStatutes/2010_23/FullText.html
jon
Following up on this week’s class, here is an example of an inspired dad. He modded Donkey Kong in response to a question from his 3 year old daughter. Now the Princess saves Mario….
jon
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
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
Follow