Jon’s Talk Feb. 27, 2013: “From Wheelbarrows to Holodecks”
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Week 8
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News of the Week; Feb. 27,2013
1. Make A Counterstrike Map Of A Montreal Metro Station, Get Threatened With $50,000 Fine: http://www.techdirt.com/articles/20130219/17273422032/make-counterstrike-map-montreal-metro-station-get-threatened-with-50000-fine.shtml
2. Former FBI Profiler: Video Games Do Not Cause Violence: http://gamepolitics.com/2013/02/25/former-fbi-profiler-video-games-do-not-cause-violence#.USwJD6XR0m0
3. Majority of Americans Believe Games Contribute to Violence: http://www.escapistmagazine.com/news/view/122351-Majority-of-Americans-Believe-Games-Contribute-to-Violence
4. Fear of a Woman Warrior: http://www.gamespot.com/features/fear-of-a-woman-warrior-6404142/?part=rss&subj=6404142
5. Sony patent application measures load times to detect pirated games: http://arstechnica.com/gaming/2013/02/sony-patent-application-measures-load-times-to-detect-pirated-games/
6. BFI to administer games tax relief cultural test: http://www.develop-online.net/news/43372/BFI-to-administer-games-tax-relief-cultural-test
7. Zynga announces more job cuts, closures—will online gambling keep it afloat?: http://arstechnica.com/business/2013/02/zynga-announces-more-job-cuts-closures-will-online-gambling-keep-it-afloat/
8. New Jersey Passes Online Gambling Law: http://gamepolitics.com/2013/02/26/new-jersey-passes-online-gambling-law
9. “The Illegal Process: Basic Problems in the Making and Application of Censorship” by James Grimmelmann: http://lawreview.uchicago.edu/sites/lawreview.uchicago.edu/files/uploads/Dialogue/Grimmelmann%20Online.pdf
In response to:
10. “Orwell’s Armchair” by Derek Bambauer: http://lawreview.uchicago.edu/sites/lawreview.uchicago.edu/files/uploads/79_3/01%20Bambauer%20ART.pdf
11. A Charter Right to Search Google?: http://blog.bennettjones.com/blog/2013/02/13/a-charter-right-to-search-google/
12. Via Michael Geist – R. v. Fearon: the Ontario CA decision on searching cellphones without a warrant if no password protection: http://www.ontariocourts.ca/decisions/2013/2013ONCA0106.htm
13. Alan Westin, scholar who helped shape internet privacy law, dies at 83: http://mobile.theverge.com/2013/2/25/4027072/alan-westin-legal-scholar-privacy-law-obituary
14. I used Google Glass: the future, but with monthly updates: http://www.theverge.com/2013/2/22/4013406/i-used-google-glass-its-the-future-with-monthly-updates
15. French Tax Proposal Zeroes In on Web Giants’ Data Harvest: http://www.nytimes.com/2013/02/25/technology/french-tax-proposal-zeroes-in-on-web-giants-data-harvest.html?nl=technology&emc=edit_tu_20130225
16. Property, intangible: Who, Exactly, is an “Author”?: http://www.propertyintangible.com/2013/02/who-exactly-is-author.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+PropertyIntangible+(Property,+intangible)&m=1
17. Internet providers launch controversial Copyright Alert System, promise ‘education’ over lawsuits: http://mobile.theverge.com/2013/2/25/4026194/infamous-six-strike-anti-piracy-program-barks-harder-than-it-bites
18. Buying Keyword Ads on People’s Names Doesn’t Violate Their Publicity Rights: http://www.forbes.com/sites/ericgoldman/2013/02/25/buying-keyword-ads-on-peoples-names-doesnt-violate-their-publicity-rights/
19. The Use of Legal Scholarship in Intellectual Property Decisions: http://www.patentlyo.com/patent/2013/02/scholarship-roundup-the-use-of-legal-scholarship-in-intellectual-property-decisions.html
And in the not really relevant category:
20. New York Yankees: Yes, We’re ‘Evil’: http://m.wsj.com/articles/a/SB10001424127887323549204578320531185286140?mg=reno64-wsj
21. Judge: Mocking Lindsay Lohan Is Allowed; Plagiarizing A Court Filing, Not So Much: http://www.techdirt.com/articles/20130222/08194922069/judge-mocking-lindsay-lohan-is-allowed-plagiarizing-court-filing-not-so-much.shtml
jon
Gambling in Games
I think back to my childhood of some of my favorite games and realize the concept of “chance” played an important role. In many games, the system is made to utilize random chance to extend playability. A game like World of Warcraft utilizes this in item/loot drops. Each enemy has a specified probability of dropping a range of loot. The entire game is just pressing a variety of keys on an elaborate slot machine where the reward is loot instead of monetary credits.
One of Blizzard’s other hit franchises, “Diablo” has gambling functions within the game. The in-game gold is used to purchase unknown item classes with variable stats. This may or may not have been the reason so many users spent countless hours farming the in-game currency. I see little difference in using real Canadian dollars to purchase the in-game currency, and then use these “credits” to purchase items with randomly assigned values; and then potentially “cashing out” by selling these items back in exchange for real world currencies.
Are we training our children to keep pushing the neuro-gratification button? When the games become boring will they make their way to the slot machines? The exploitative American gambling laws we heard about today in Nevada – will the people ever need to leave their computer chairs? When the system is set up such that the “house” slowly dwindles your money while distracting you with flashy lights; or perhaps worse, makes you feel like you’ve accomplished something by destroying a game sprite demon of some kind — do these people even have a …chance?
The Use and Legal Status of Virtual Goods and Currency
Background points regarding virtual goods and currency: http://www.slideshare.net/jaspurewal/the-use-and-legal-status-of-virtual-goods-and-currencies
Virtual property protection in China
Virtual property has been protected in China: http://www.guangzhou.gov.cn/node_420/node_428/2006-04/1144636826100185.shtml
China Government Bans Online Virtual-Currency Dealing Platforms for Minors: http://www.bloomberg.com/news/2010-06-22/tencent-shares-fall-after-china-announces-virtual-currency-ban-for-minors.html
Virtual Currency In China Is A $2 Billion Economy: http://www.businessinsider.com/virtual-currency-in-china-is-a-2-billion-economy-2009-7
News of the Week; Feb. 20, 2013 (Reading Week Edition)
1. Real Crime in Virtual Worlds: http://www.gamasutra.com/blogs/JohnKrajewski/20130214/186639/Real_Crime_in_Virtual_Worlds.php
2. EA and Zynga Settle The Ville -The Sims: Social Lawsuits: http://www.gamepolitics.com/2013/02/15/ea-and-zynga-settle-ville-sims-social-lawsuits#.UR8TLRG9KSM
3. Snap happy! Freedom of speech is a human right – and it trumps copyright, Strasbourg judges rule: http://www.dailymail.co.uk/sciencetech/article-2275796/Snap-happy-Freedom-spe @GamePolitics: Fourteen Video Games on View at Museum of Modern Art http://t.co/Upox6sR6 #eca
4. @GamePolitics: Fourteen Video Games on View at Museum of Modern Art: http://t.co/Upox6sR6
5. Research: As Violent Video Game Sales Climb, Violent Crime Among Youths Decreases: http://www.gamepolitics.com/2013/02/13/research-violent-video-game-sales-climb-crime-among-youths-decreases#.UR9AI6XR0m0
6. Why creativity is like a slot machine:http://t.co/TSt6hdY0
7. Virtual currency and virtual property revisited: http://www.technollama.co.uk/virtual-currency-and-virtual-property-revisited
8. The Privacy Legal Implications of Big Data: A Primer: http://www.infolawgroup.com/2013/02/articles/big-data/the-privacy-legal-implications-of-big-data-a-primer/?
9. As 3-D Printing Becomes More Accessible, Copyright Questions Arise: http://www.npr.org/blogs/alltechconsidered/2013/02/19/171912826/as-3-d-printing-become-more-accessible-copyright-questions-arise
10. Facebook’s Biggest Problem With Brands Right Now: ‘Illegal’ Competitions: http://www.businessinsider.com/the-biggest-problem-facebook-needs-to-address-for-brands-right-now-2013-2
11. Report: Chinese Government Creating Criteria for Online Gaming Addiction: http://www.gamepolitics.com/2013/02/19/report-chinese-government-creating-criteria-online-gaming-addiction#.USQhxaXR0m0
12. Sony’s EyePad patent shows off a controller that can bring real-world items into games: http://www.theverge.com/2013/2/19/4005890/sony-eyepad-controller-patent-shows-off-3d-mapping-cameras
13. Internet platforms can assume the role of publisher and become liable for defamation, rules (U.K.) Court of Appeal: http://www.out-law.com/en/articles/2013/february/internet-platforms-can-assume-the-role-of-publisher-and-become-liable-for-defamation-rules-court-of-appeal/
Tamiz v Google Inc [2013] EWCA Civ 68 (14 February 2013): http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2013/68.html&query=tamiz&method=Boolean
And in the not really relevant category:
14. What if Crim Law was taught by cartoons?: http://www.abajournal.com/books/article/podcast_episode_018/
15. Shaw Industries files declaratory judgment action against Hershey over KISSES® marks: http://www.natlawreview.com/article/shaw-industries-files-declaratory-judgment-action-against-hershey-over-kisses-tradem
jon
X-Plane & Uniloc
A few weeks ago I alluded in class to the lawsuit facing my favourite (ok, pretty well the only) commercial flight sim X-Plane which appears to be in quite a fight against a “patent assertion entity”.
Here is a link as promised to the relevant page from the X-Plane website: http://www.x-plane.com/x-world/lawsuit/
Also via Claudio Satorelli a graduate of the MDM program at the Centre for Digital Media a reason TV story about the lawsuit featuring Austin Meyer the founder of X-Plane as well as comments from the Electronic Frontier Foundation: https://www.youtube.com/watch?v=sDg-Wh0XA-w&list=PLEqpzAExPV-xr9gIhSqLMxTSXrimGF6pA&index=11
Any thoughts/reactions/perspectives?
jon
Playstation 4 just unveiled!
http://www.bbc.co.uk/news/technology-21526450
Some really cool cloud features, including gamers remotely being able to take over their friends’ controllers if they get stuck. I’m very curious about the new Xbox and hope that this new piece of news today will provide the impetus for Microsoft to leak some details soon!
Paper inspirations
As we’ve talked about, now is the time to focus on papers topics & getting started (or better) on them. Attached is a link to a very useful paper by Stephen M. McJohn, which for your purposes is a nice overview of interesting 2012 U.S. IP cases. By going through the paper you might well end up thinking about a few topics you have not thought of, or considering issues you have looked at but through an additional lens.
Top Tens in 2012: Patent, Trademark, Copyright and Trade Secret Cases by Stephen McJohn :: SSRN.
jon
HLS Copyright Course: Special Event 1, The Interests of Authors – YouTube
Prof. William Fisher is making his Harvard Law School on Copyright available gratis through edX. Below you will find an excellant two hour discussion of copyright from the perspective of creators. Among the four speakers is John Drake of Harmonix, the company that created the “Guitar Hero”, “Rockband” and “Dance Central” series. Those games are particularly interesting because the genre is itself a form of re-mix of the creative works of others.
All of the speakers are very worthwhile. Most of the legal perspective comes from Dale Cendali of Kirkland & Ellis. FYI John Drake is introduced @ 7:20 & speaks @ 30:57. Dale Cendali is introduced @ 8:20 & speaks @ 36:44
jon