News of the Week; November 11, 2020

DIGITAL

1. Amazon’s use of marketplace data breaks competition law, EU charges
2. Antitrust: Commission sends Statement of Objections to Amazon for the use of non-public independent seller data and opens second investigation into its e-commerce business practices
3. Facebook and Twitter struggle with online fury from Trump supporters
4. Microsoft engineer gets nine years for stealing $10M from Microsoft
5. QAnon Conspiracy Theorists Can’t Force YouTube to Carry Their Videos–Doe v. Google (Eric Goldman)
6. United States v Google: A Re-Found Willingness to Regulate Technology Monopolies?
7. Bot or Not? Authenticating Social Media Evidence at Trial in the Age of Internet Fakery
8. Facebook’s latest attempt to slow disinformation means probation for groups
9. YouTube Election Loophole Lets Some False Trump-Win Videos Spread
10. How Well Did Twitter, Facebook, and YouTube Handle Election Misinformation?
11. YouTube Touted Its Handling Of Election Misinformation. But Now It Says Videos Spreading Vote Tabulation Conspiracies, False Win Claims Are Fine.
12. Google Photos is the latest “Unlimited” plan to impose hard limits
13. Google Photos will end its free unlimited storage on June 1st, 2021: After 15 gigs, you’ll need to pony up for Google One
14. Netflix files copyright claims against tweets criticizing movie, trailer
15. Netflix Targets Critical ‘Cuties’ Tweets With Copyright Takedown Requests
16. Netflix Gets Cute Using DMCA Notices To Take Down Tweets Critical Of ‘Cuties’
17. Netflix Testing Pre-Programmed, Linear TV-Style Channel Called ‘Direct’ In France
18. FCC General Counsel Issues Guidance on the Agency’s Section 230 Authority
19. Section 230 Faces the Heat
20. Content Moderation Case Study: Google Refuses A Law Enforcement Agency Demand To Remove A Video Depicting Police Brutality (2011)
21. Content Moderation Case Study: Using Fact Checkers To Create A Misogynist Meme (2019)
22. Ten Common Mistakes When Conducting Sweepstakes or Contest Promotions on Social Media
23. If You Want an Enforceable Online Contract, You Better Keep a Good Chain of Evidence–Snow v. Eventbrite Eric Goldman)
24. Emojis & The Law: An Interview with Professor Eric Goldman
25. The Latest Influencer Hotspot Is An Abandoned California Ghost Town
26. UK Wing Of TikTok Swears It Isn’t Helping The Chinese Government Oppress Uighur Muslims
27. UK Advertising Regulator makes first ever ruling on disclosures required for commercial marketing via a TikTok video
28. TikTok Predicted To Hit 1 Billion Users In 2021
29. TikTok users troll Trump “voter fraud” reporting hotline en masse
30. TikTok says it’s been waiting weeks for a Trump response on US ban
31. Fullscreen To Be Dramatically Affected By WarnerMedia Layoffs
32. Vimeo Raises $150 Million Amid Record Revenue Growth, Eyes Spinoff From Parent IAC
33. Spotify May Be Eyeing Podcast-Only Subscription Tiers
34. In Biggest Podcast Purchase Yet, Spotify Acquires Ad And Publishing Platform ‘Megaphone’ For $235 Million
35. Patreon, Acast Partner To Help Podcasters Distribute Paywalled Content More Broadly
36. Intel SGX defeated yet again—this time thanks to on-chip power meter
37. Apple dishes details on its new M1 chip
38. First ARM-based Mac laptops: MacBook Air and 13-inch MacBook Pro
39. Update! Apple Announces New Privacy Disclosures Required Starting December 8
40. Apple, Sony Reportedly Eyeing $300-$400 Million Acquisition Of Podcast Network Wondery
41. Apple supplier Pegatron found using illegal student labor in China
42. After IPO, BBTV Signs Parkour Athlete Nick Pro, Lifestyle Vlogger Francesca Farago, More
43. Reebok Sits Down With Hit YouTube Franchise ‘Hot Ones’ For Footwear, Apparel Collaboration
44. Top 50 Most Viewed US YouTube Channels • Week Of 11/09/2020
45. Top 50 Most Viewed YouTube Channels Worldwide • Week Of 11/09/2020
46. The anatomy of Zoom fatigue
47. Key Takeaways from New Cryptocurrency Enforcement Framework by US Department of Justice
48. The feds just seized Silk Road’s $1 billion stash of bitcoin
49. US Seizes $1 Billion in Bitcoin Associated With Silk Road

A.I.

1.  Patenting Artificial Intelligence in Canada, the UK and Europe: A Primer
2. AI Application Examination: 5 Key trends
3. Understanding the AI Patent Landscape
4. Plans for new AI legal framework gather pace
5. A global legal standard for Artificial Intelligence? The European Parliament proposes legislation
6. AI and Climate Change: The Promise, the Perils and Pillars for Action 
7. The De-democratization of AI: Deep Learning and the Compute Divide in Artificial Intelligence Research 
8. Co-regulating algorithmic disclosure for digital platforms 
9. Extending the framework of algorithmic regulation. The Uber case
10. AI and health data: cracking the privacy code
11. James Corden is a snarky AI that might take out humanity in Superintelligence 

COMMUNICATIONS

1.  Cultural Uncertainty: A Closer Look at Heritage Minister Steven Guilbeault’s Timeline For Internet Regulation (Michael Geist)
2. Universal Broadband Fund and Telesat low Earth orbit capacity agreement (Government of Canada)
3. Merger ‘Synergies’ Force T-Mobile To Pay $200 Million Fine For Sprint Falsehoods
4. ESPN Lays Off 300 Staffers Amid Resource Shift Toward DTC, Digital Businesses
5. No Chips? No Worries. Ninth Circuit Rejects FTC’s Petition for En Banc Review of Decision Holding that Qualcomm Has No Antitrust Duty to Deal with Rivals
6. Fox News doubles down on calling Arizona for Biden
7. The moment Fox News projected Joe Biden will win 2020 presidential election – video
8. Ajit Pai urged to accept Trump loss and stop controversial rulemakings 
9. D.C. Circuit Rejects Petitions to Strike Down FCC’s 2019 Unbundling and Resale Forbearance Order 
10. FCC Opens Application Portal for $100 Million in Funding to Support Connected Care Services 
11. FCC Adopts Order Expanding Unlicensed Wireless Operations in TV White Spaces 
12. FCC Announces T-Mobile Will Pay $200 Million Penalty Resolving Sprint Lifeline Investigation
13. Wireless 5G Networks in 2021
14. There Is No ‘Race To 5G.’ And The U.S. Wouldn’t Be Winning Even If There Was
15. Alphabet delivers wireless Internet over light beams from 20km away
16. Improperly installed Ring doorbells are catching on fire
17. Your Slingbox Will Be A Useless Brick In A Few Years 
18. We Do Not Have the Internet We Deserve

INTELLECTUAL PROPERTY

1. Game, set, match: Sometimes the photo is the story
2. Federal Judge Rules Embedding of Instagram Post Containing Copyrighted Photo is Fair Use
3. Embedding in a State of Flux: New York Courts Challenge Decade Old Reasoning from the Ninth Circuit
4. Vallejo v. Narcos Productions LLC (USCA, Oct.27, 2020): Held that portions Netflix’s Narcos series are not substantially similar to journalist’s memoir regarding romantic relationship with Pablo Escobar
5. Capote Charity Claims Copyright
6. Anti-Cheat Student Software Proctorio Issuing DMCA Takedowns Of Fair Use Critiques Over Its Code
7. Copyright Plaintiffs Can’t Figure Out What Copyrights They Own, Court Says ¯\_(ツ)_/¯ (Eric Goldman)
8. Canada’s Forever Register: Newfoundland Trademark Registrations
9. Anita White Strikes Back With Second Trademark Suit
10. He May be Undefeated in the Ring, but Floyd Mayweather Got Knocked Out at the Trademark Office.
11. Augusta National Blazes a Trail to Registration of its Iconic Green Jacket
12. “I sense a disturbance in the force” When Star Wars universe meets Trademark law: Millennial Falcon v Millennium Falcon
13. Glossier’s Pink Pouch TM Registration Could Mean a Rosy Future for Non-Traditional Marks
14. Alleged bait-and-switch selling found not to constitute trade mark infringement
15. Aussie Brewer Keeps Digging Holes With Trademark Lawsuits, Now Owes Court Costs
16. Trademark protection on e-commerce platforms
17. Seeing Green – Post-Election Day 2020: State Trademarks for Cannabis Goods & Services
18. TTAB Refuses Registration of .SUCKS 
19. Trade Secret Strategies: Using Standstill Agreements to Resolve Disputes Out of Court
20. Sedona Conference Publishes Commentary on Proper Trade Secret Identification
21. Federal Court finds that discoverability principle applies to limitation periods under Section 55.01 of Patent Act
22. The Impact of CIPO’s New Guidance on the Prosecution of Patent Applications Directed to Diagnostic Methods
23. Canadian Intellectual Property Office issues Practice Notice regarding patentable subject matter
24. 2020 Brings Growing Trend of Patent Cases Decided by way of Summary Trial
25. Is the new toilet on the International Space Station patentable?
26. Augmented Reality/Virtual Reality Patent Prosecution Update: 2020 Q3 Prosecution Statistics
27. How to protect a user interface with a patent 
28. Massachusetts Voters Overwhelmingly Support Expanded ‘Right To Repair’ Law 
29. Proactive Protection: Intellectual Property Audits
30. Under President Biden, IP evolution is much more likely than revolution
31. WIPO Launches “WIPO Lex-Judgments” Database

PRIVACY

1. Anonymous video analytics’ future uncertain after Canadian privacy regulators’ investigation
2. Privacy Enforcement Update: Possible Collaboration Between the Competition Bureau and the Office of the Privacy Commissioner
3. Mall real estate company collected 5 million images of shoppers, say privacy watchdogs
4. Facial Recognition Company’s Employees Abused Tech To Sexually Harass Coworkers
5. Software snoops on students during exams
6. FTC Settles Complaint Against Zoom Regarding End-to-End Encryption
7. Zoom Settles with FTC Over Deceptive Security Claims
8. Zoom lied to users about end-to-end encryption for years, FTC says
9. California Court Says Wiretap Target Should Have Access To Wiretap Documents
10. Mississippi City Trying To Turn Residents’ Doorbell Cameras Into Law Enforcement Surveillance Network
11. San Diego’s spying streetlights stuck switched “on,” despite directive
12. EU Takes Another Small Step Towards Trying To Ban Encryption; New Paper Argues Tech Can Nerd Harder To Backdoor Encryption
13. Surprise: Latest Draft Of The EU’s Next Big Privacy Law Includes Some Improvements
14. Data Broker On The Hook For $5 Million After Abusing Its Access To North Carolina DMV Data
15. Portland’s Facial Recognition Ban Won’t Stop Private Citizens From Rolling Their Own Tech To ID Cops 
16. The DOJ Will Finally Allow Local Cops To Wear Body Cameras When Working With Federal Agencies
17. California Voters Adopt the California Privacy Rights Act 
18. California Ramps up Consumer Privacy Enforcement
19. California Privacy Rights Act Passes – Dramatically Altering the CCPA
20. Democratizing Platform Privacy
21. Michigan Voters Add Constitutional Protections for Electronic Data and Communications
22. Building a Robust Biometric Compliance Program in the US: A Five-Step Checklist
23. Schrems II: Court Orders the DPC to Pay Majority of Costs

CREATIVITY

1. Gun-Toting Couple Sues Photographer For Privacy Violation Over Photo They Used As Christmas Cards, After He Billed Them
2. Using hate speech as an excuse
3. China’s Hong Kong Protester-Targeting ‘See Something, Say Something’ Hotline Is A Big Success
4. How Should Social Media Handle Election Polls That Turned Out To Be Misinformation?
5. Xiaolu Guo: “The way we read has changed radically in the digital age” – The Chinese novelist on her book A Lover’s Discourse, her love of Roland Barthes, and why fragmented narratives best represent modern life.

GAMES

1. Class action lawsuit accuses EA of changing game difficulty to push loot boxes
2. EA faces yet another class-action lawsuit connected to loot boxes: EA calls claims “baseless,” says they “misrepresent our games”
3. What’s Loot Got to do With It?
4. Judge dismisses Apple’s claim of theft in Epic case: Court says ongoing legal battle should focus on breach of contract and anti-trust claims
5. Judge says Apple isn’t entitled to extra monetary damages over Fortnite lawsuit
6. SAG-AFTRA extends video game voice acting contract to November 2022
7. Tommy Tallarico, Roblox come to agreement over “oof” sound effect: Popular death sound effect to be replaced in game, asset will be sold via Roblox store going forward
8. Ubisoft apologises for ableist description in Assassin’s Creed Valhalla: The publisher said it will address the issue in an upcoming update
9. Assassin’s Creed Valhalla review: A Viking quest worth sinking your axe into
10. Ubisoft removing UK journalist from Watch Dogs over “controversial remarks”: The Atlantic writer Helen Lewis voiced a character on an in-game podcast
11. MiHoYo reportedly discloses Genshin Impact players phone numbers: The studio said they took “immediate action to fix the problem,” which should now be resolved
12. EA renews UFC, NHL, NHLPA partnerships with fresh ‘multi-year’ deals
13. EA extends UFC, NHL licensing deals: Publisher will have exclusive rights to MMA league’s games through 2030 while hockey deal is a “multi-year renewal”
14. EA quarterly sales slide due to later FIFA, Madden launches: Full game sales for the second quarter halved but publisher still beats guidance, announces stock buyback and dividend plans
15. FIFA leads renewed mobile strategy at EA: CEO Andrew Wilson says “six new FIFA titles” are in development on mobile for “new genres and new markets”
16. EA: Apex Legends on track to become billion dollar franchise by March 2021
17. EA Play crosses 6.5 million paying subscribers
18. EA Play reaches 6.5 million paid subscribers, EA aims to double that within a year
19. EA looks to revamp its mobile biz to tap into an ‘unbelievable exponential opportunity’
20. Live games continue to lead at Take-Two as recurrent consumer spend jumps 56%
21. NBA 2K21 drives Take-Two earnings: Revenues and bookings flat but net income hops as CEO Zelnick reports pandemic-driven engagement boost hasn’t let up at all
22. Take-Two president “highly sceptical” about games subscriptions: Karl Slatoff tells investors services like Xbox Game Pass will become the primary way games are consumed
23. Take-Two in talks to acquire Dirt dev Codemasters
24. Take-Two confirms $994 million purchase of Dirt developer Codemasters
25. Take-Two in talks to buy Codemasters: Racing publisher says it has discussed a deal that would value it at nearly $1 billion
26. Take-Two bids to buy Dirt 5 publisher Codemasters for $973.8 million
27. Take-Two acquisition of Codemasters expected to go through in early 2021: Both publishers’ board of directors approve the proposed deal, valuing Codemasters at £726 million
28. Sega Sammy calls for 650 staff to voluntarily retire: Japanese publisher records extraordinary losses around structural reform
29. Sega Sammy struggling to weather the pandemic despite strong game sales
30. Sega Sammy raises forecasts, despite losses driven by COVID-19: Publisher expects structural reform and increased games sales to carry company through tough financial year
31. Mobile games set new quarterly revenue record at Konami
32. Grounded tops 5 million players in under six months
33. Nexon posts its best Q3 ever thanks to mobile revenue surge: Mobile revenue up 140% thanks to The Kingdom of the Winds Yeon, KartRider Rush+ and V4
34. ‘HD Games’ profit dips at Square Enix following Marvel’s Avengers launch
35. Capcom says customer information is secure following cyber attack
36. Ten risks associated with the new EU Digital Content Directive: Legal expert Sebastian Schwiddessen breaks down how buggy games at launch, shutting titles down early and more can violate consumers’ rights
37. Dontnod to embrace self-publishing for multiple future titles: CEO Oskar Guilbert says the studio wants to be “as independent as possible” going forward
38. Griffin Gaming Partners raises $235 million to invest in games
39. Griffin Gaming Partners raises $235m for gaming investments: Gaming-focused VC firm run by Philip Sanderson, Peter Levin, and Nick Tuosto already invested in Discord, Skillz and more
40. Enthusiast Gaming plans to list on NASDAQ: Parent behind The Escapist and Luminosity Gaming
41. First impressions: How are reviewers reacting to the PlayStation 5?
42. PlayStation 5 | Critical Consensus: Critics agree that Sony’s PS5 transcends on-paper comparisons to Xbox, and is the only new console that “feels” next-gen from the first moment
43. No day one stock for retail as Sony focuses PS5 launch sales online: Platform holder urges PlayStation fans to order through retail partners’ websites
44. The PlayStation 5 has a hidden Web browser; here’s how to find it
45. Sony debuts PS5 games ad as part of “memorable” launch efforts: Travis Scott returns alongside Spider-Man, Gran Turismo, Demon’s Souls, Horizon and more
46. Sony launches PS5 remote play app for the PS4 with next-gen looming
47. The PlayStation 5 was even larger in initial design concepts 
48. PlayStation 5 review: Not just a more-powerful PS4
49. PlayStation 5 forgoes day one in-store launch as a COVID-19 precaution
50. Sorry, you can’t move your discontinued copy of PT to the PS5
51. PlayStation exec: Dual support for PS4 and PS5 planned for 3 years
52. A tale of two consoles: Xbox Series X and S in review
53. Xbox Series X/S review: Beautiful, powerful—but whatcha gonna play?
54. If Xbox is Netflix, then PS5 is cinema | Console analysis: PlayStation’s new console is an extension of the games it makes
55. The Different Strategies Of Microsoft And Sony’s Next-Generation Consoles: Choosing between a console is a more philosophical choice this generation
56. First impressions of PS5 and Xbox Series X|S | Podcast: The team share their own experiences with the next-generation consoles on our latest episode, available to download now
57. The last great console leap? | Opinion: Microsoft and Sony have different strategies, but they’re both launching consoles that feel less like a “clean break” with the past generation
58. Xbox Series X|S | Critical Consensus: Reviewers like quality-of-life improvements on Microsoft’s new systems, but recommendations come with big caveats
59. Microsoft: Xbox Series S does not hold back the next generation, it advances it – Platform holder explains why it dropped Xbox One X, rather than maintaining it as a low-end console
60. Xbox: Next-gen battle will “not be a reflection of demand — it’ll be a reflection of supply” – Phil Spencer disregards tendency to declare ““a winner and… a loser” between sales of Xbox and PlayStation
61. Report: Microsoft holding acquisition talks with a number of Japanese developers
62. Spencer: Microsoft almost abandoned Xbox brand after the Xbox One launch
63. Dev-friendliness, scalability at top of mind for Xbox development chief
64. Some Amazon Xbox Series X pre-orders may not arrive until December: A Microsoft spokesperson said the company is “working tirelessly with retail partners to replenish Xbox hardware as quickly as possible”
65. Nintendo raises forecasts as H1 profits triple to $2.8bn: Full-year Switch sales predicted to reach 24 million, five million units higher than previously expected
66. Switch driving growth at Nintendo as console nears 70 million sales
67. Google Is Giving YouTube Premium Subscribers A Free Stadia Controller, Chromecast Ultra
68. Steam adds frictionless playtesting feature: The new tool will make playtests accessible directly from a title’s store page
69. BioWare confirms Mass Effect remaster in 2021, new Mass Effect later
70. Final Fantasy 7 Remake, Avengers push Square Enix H1 sales up 43%: Publisher’s HD Games division posts profits for the six-month period, but last quarter was in the red
71. FIFA 21 and Star Wars: Squadrons come out top in October | EMEAA Charts: Nintendo Switch console sales up 77% in October 2020 vs 2019
72. Watch Dogs: Legion knocks down FIFA 21 | UK Digital Charts: Ni No Kuni Wrath of the White Witch on Switch makes No.3
73. Slight jump in boxed game sales as lockdown returns | UK Boxed Charts: Nintendo Switch games post strong week-on-week increases
74. NPD says US consumers spent a record amount on games in Q3: $11.2 billion total for July-September span is up 24% on last year; market research firm expects Q4 to set records as well
75. Descenders has sold over 250,000 units: Nearly 3.5 million people have played the biking title across all platforms, thanks to its success on Xbox Game Pass
76. Hitman franchise crosses 70 million players in 20 years
77. Assassin’s Creed Valhalla | Critical Consensus: Critics agree that Valhalla is one of the very best Assassin’s Creed games, but its underlying themes are tainted by Ubisoft’s year of scandal
78. Spider-Man: Miles Morales review: New hero, same heroic gameplay
79. Why do some games just… keep selling?
80. The Game Developer’s Playlist: Full Throttle with Chandana Ekanayake | Outerloop Games co-founder shares how the 1995 biking adventure inspired him to get into games
81. Light Brick, the once and possibly future Lego studio: Builder’s Journey studio co-founders say they spun out to be more agile and independent, but Lego Ventures backed them with an eventual reunion in mind
82. Amber opens new studio in Montreal: New branch will focus on QA, localisation and engineering
83. Epic is gauging interest in a Fortnite monthly subscription plan
84. Epic Games gauging interest in monthly Fortnite subscription: If implemented, subscribers would receive Battle Pass, early access to free skins and regular V-Bucks
85. Which publishers are the game subscription believers?
86. Night Media Signs 6-Channel Family Gaming Empire FGTeeV
87. After Mixer Closed, Ninja Chose Twitch Over YouTube Because He Didn’t Want To Be Known As “A YouTuber”
88. Twitch Unveils Full Rundown For Saturday’s ‘GlitchCon’ — Its Virtual Reimagining Of TwitchCon
89. Twitch Apologizes To Creators Hit By Mass DMCAs And Content Deletions, Says It’s In Talks With Record Labels
90. Twitch explains confusing copyright crackdown, urges users to delete videos
91. Twitch apologizes for handling of mass copyright claims: Streaming platform apologizes for giving streamers unhelpful warnings, little notice in face of avalanche of DMCA claims from record labels
92. Esports brand Fnatic raises $10m: Also offering fans the chance to invest via $1.3m Crowdcube campaign
93. Esports platform Edge raises $1.5m: Investment will be used for recruitment and improving its tech, which simplifies esports contracts, payments and more
94. 100 Thieves To Enter Call Of Duty League With New Team, Los Angeles Thieves
95. ESPN Confirms Future Shut Down of Esports Editorial Operations
96. ESPN ends its daily esports coverage, laying off at least eight: Network to continue covering esports on a story-by-story basis following cost-cutting measures, layoffs
97. Original founder re-acquires OpTic Gaming: Hector Rodriguez takes esports organization back after Immortals Gaming Club acquisition last year
98. Fortnite reportedly returning to iOS via GeForce Now: An announcement from Nvidia is expected “before the winter holidays” the BBC reported
99. Lifting the VR veil: How PlayStation 5 works with Sony’s last-gen headset
100. It Took Just 5 Minutes Of Movement Data To Identify ‘Anonymous’ VR Users
101. Composing the blockbuster soundtrack of Ghost of Tsushima: Written to reflect the game’s historical setting, Ilan Eshkeri discusses the creative and practical process behind the PlayStation exclusive’s music
102. Video: Making great key art for your game’s front end
103. Video: How to wrangle inflation in your online game economy
104. Don’t Miss: A deep dive into Forza Horizon 3’s online co-op multiplayer
105. Don’t Miss: How Onrush harnesses the chaos of a racing battle
106. Don’t Miss: A 2013 snapshot of game developers’ motion control tips, lessons, and dreams
107. Don’t Miss: Translating the humor & tone of the Yakuza games for the West
108. Don’t Miss: What was it like programming Skyrim?
109. Blog: How spreadsheets power civilian AI in Watch Dogs 2
110. Blog: The argument for simpler games
111. Blog: Combining 2D and 3D effects in Blightbound
112. Blog: How to run offers in free-to-play (and avoid backlashes)
113. Blog: Developing a tabletop game
114. Analyst: The next-gen console race is Sony’s to lose
115. U.S. Patent No. 10,478,735: Video game system with spectator mode hud
116. U.S. Patent No. 10,509,461: Augmented reality video game systems

Jon